Loading...
(A) Minor subdivisions: lot splits. A proposed division of a parcel of land along existing public street, not involving the opening, widening or extension of any street or road, and involving no more than five lots after the original tract has been completely subdivided, may be submitted to the Planning Commission, for approval without plat. The Planning Commission, acting through the Development Director, shall approve or disapprove such proposed division within seven working days after submission. The Development Director may also refer the application to the Planning Commission for consideration at its next regular meeting. If the application is not approved or referred to Planning Commission within seven days the application shall be deemed denied. If satisfied that such proposed division is not contrary to applicable platting, subdividing or zoning regulations, the application shall be stamped "Approved by City Planning Commission, Montgomery, Ohio, no plat required", and signed by the Development Director and the Chair of the Planning Commission or in the absence of the Development Director, the Public Works Director and in the absence of the Chair of the Planning Commission, the Vice-Chair of the Planning Commission. Upon approval, three copies of the plat of the proposed division and other pertinent information shall be filed with the Planning Commission for record keeping purposes.
(B) Preliminary plat exceptions. In the case of a minor subdivision situated in a locality where conditions are well defined, the Planning Commission may exempt the subdivider from complying with some or all of the requirements stipulated in §§ 156.0203 and 156.0204 pertaining to the preparation of the preliminary and final plats.
(C) Large development exceptions. The general principles of design and the minimum requirements for the laying out of subdivision may be varied by the Planning Commission in the case of a Planned Unit Development authorized under provisions of the Zoning Ordinance of the City, to be developed in accordance with a comprehensive plan safeguarded by appropriate restrictions, which, in the judgment of the Commission make adequate provisions for all essential community facilities; provided, however, that no modification shall be granted by the Commission which would conflict with the proposals of the Thoroughfare Plan, or with other features of the Comprehensive Plan, or with the intent and purpose of the general principles of design and minimum requirements.
(D) Modifications due to developmental hardships. In any particular case where the subdivider may show that, by reason of exceptional topographic or other physical conditions, strict compliance with any requirement of these Regulations are practically difficult, the Planning Commission may vary such requirements to the extent deemed just and proper after reviewing the recommendation of the Development Director, so as to relieve such difficulty; provided such relief may be granted without detriment to the public good and without impairing the intent and purpose of these Regulations or the desirable general development of the neighborhood and the community in accordance with the Comprehensive Plan and the Zoning Ordinance. Any modification thus granted shall be entered in the minutes of the Planning Commission setting forth the reasons, which, in the opinion of the Planning Commission, justified the modification.
[Factors to be considered - See Variances, § 150.2010, Zoning Code]
(A) Performance bonds.
(1) After approval of the final plat by the Planning Commission, the developer may secure from the proper authorities the necessary permits to proceed with the construction and begin work on the improvements. Work must commence within six (6) months of approval, unless otherwise extended by the Planning Commission.
(a) Before commencing construction of any improvement, the developer shall post a performance bond. This performance bond shall be sufficient to cover the full cost of all improvements shown on the approved construction drawings. This bond amount shall be set by the Development Director based on the construction plans and cost estimates and shall insure the satisfactory performance of all improvements during a fixed time set by the City and in accordance with other of its requirements. Once the bond has been posted, the final plat may be signed and recorded.
(b) The performance bond shall be reviewed and approved by the Director of Law.
(2) After all construction work is completed, it shall be inspected by the city to insure that the work has been correctly performed. Any deficiencies shall be recorded and a list forwarded to the developer for correction. Once the deficiencies have been corrected and checked by the city, a maintenance bond shall be posted and the performance bond released.
(B) Maintenance bonds.
(1) After all construction is completed and approved by the Public Works Director, the developer must maintain and keep in good repair all improvements for a period of one year.
(2) The developer shall post with the city a maintenance bond to secure the required maintenance of the improvements.
(3) The Development Director and the Public Works Director are authorized to permit the subdivider, or his successors and assigns, to transfer from the performance bond period to the maintenance bond period, upon certification by the Public Works Director that the subdivision has been completed in accordance with all of the conditions of the performance bond, and applicable State statutes. In no case shall a subdivision be accepted for maintenance without all improvements as shown on the construction drawings.
(4) In determining the amount of the maintenance bond to be required by the Development Director, such amount shall be not less than ten percent (10%) of the performance bond. The bond shall be reviewed and approved by the Director of Law.
(5) At the termination of the one-year maintenance period, the subdivision shall, again, be inspected by the city and all necessary corrections recorded and forwarded to the developer. It shall be the responsibility of the developer to request such inspection. Unless and until the developer requests the inspection in writing, the maintenance period shall not expire and the developer shall be responsible for all defects found upon inspection of the subdivision whether or not the one-year period has expired. Once these corrections are completed, a request shall be submitted to Council for the acceptance of the subdivision. Any outside inspections or testing which is required by the Public Works Director to assure the city that the proposed improvements have been constructed and maintained to the standards for acceptance shall be at developer's cost.
(C) Sidewalk bond.
(1) In the event that sidewalks are not completed at the time that the subdivision should be put on the maintenance bond, then the uncompleted sidewalks are to be placed on separate performance bonds, the amount of which is to be determined by the City Engineer. In such event, after the complete installation of sidewalks, there shall be established a sidewalk maintenance bond, which shall not be less than ten percent (10%) of the sidewalk performance bond, such bond to be for a period of one year from the date of the complete installation of sidewalks.
(2) It shall be the responsibility of the City's Engineer to delineate and determine the location of all such sidewalks not installed, for the future purpose of releasing the sidewalk performance bond. All such delineation is to be done on a copy of the subdivision plat or map, and such is to be maintained in the office of the Public Works Director for future reference.
(A) Upon completion of all improvements except sidewalks, the developer shall submit a written request for final construction inspection. The results of this inspection shall be forwarded to the developer in a letter format. Immediately prior to the termination of the one-year maintenance period, the developer shall submit a written request for the final maintenance inspection and acceptance of the subdivision by the city. All sidewalks must be complete prior to the final maintenance inspection or secured by a sidewalk performance bond.
(B) The final release of all maintenance bonds shall be by approval of Council after receiving a report and recommendation by the Development Director and Public Works Director.
It shall be the duty of the Public Works Director and Development Director to enforce these Subdivision Regulations. Pursuant to that duty, the Public Works Director and Development Director shall have, in addition to all other authority granted to them by these Subdivision Regulations, the authority to issue stop work orders for any work being performed in violation of these Subdivision Regulations or any other applicable ordinance of the city.