REGISTERED LAND SURVEYS AND CONVEYANCE BY METES AND BOUNDS

§ 152.120 REGISTERED LAND SURVEYS.

   It is the intention of this subchapter that all registered land surveys in the city should be presented to the Planning Commission in the form of a preliminary plat in accordance with the standards set forth in this chapter for preliminary plats and that the Planning Commission shall first approve the arrangement, sizes, and relationship of proposed tracts in such registered land surveys and that tracts to be used as easements or roads should be so dedicated. Unless a recommendation and approval have been obtained from the Planning Commission and City Council respectively in accordance with the standards set forth in this chapter, building permits will be withheld for buildings on tracts which have been so subdivided by registered land surveys, and the city may refuse to take over tracts as streets or roads or to improve, repair, or maintain any such tracts unless so approved.

§ 152.121 CONVEYANCE BY METES AND BOUNDS.

   (A)   No conveyance in which the land conveyed is described by metes and bounds shall be made or recorded if the parcels described in the conveyance are five acres or less in area and 300 feet or less in width unless the parcel was a separate parcel of record at the effective date of this chapter.

   (B)   Building permits will be withheld for buildings or tracts which have been subdivided and conveyed by this method, and the city may refuse to take over tracts as streets or roads or to improve repair, or maintain any such tracts.

FEES

§ 152.135 BASE FEE PER APPLICATION.

   To defray administrative costs for processing of subdivision applications, variances, or appeals, a base fee as adopted by resolution shall be paid by all applicants.

§ 152.136 STAFF AND CONSULTANT FEE.

   (A)   In order to defray the additional cost of processing the applications, all applicants shall pay the total cost of staff and/or consulting time spent exclusively in producing materials for the applicant’s request plus all material cost for the request.

   (B)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

      MATERIALS. Includes, but not be limited to, maps, graphs, charts, drawings, and the like, and all printing or reproduction of same.

      STAFF AND/OR CONSULTING TIME. Includes any time spent in either researching for or actual production of materials.

   (C)   The hourly rate for staff and/or consulting time shall be established and made available to the applicant by the City Clerk prior to production of any materials, and the applicant shall be given a reasonable estimate of projected time and/or material costs.

§ 152.137 PAYMENT.

   (A)   Fees for application shall be payable at the time applications are filed with the City Clerk and are not refundable unless application is withdrawn prior to start of review for referral to the Planning Commission. A deposit to cover staff or consulting time and materials will be established as adopted by resolution and required by the City Clerk at the time the base fee is paid. Any portion of the deposit not spent to defray the above-mentioned costs will be refunded to the applicant within 90 days after the application process is completed.

   (B)   Fees as established by the development agreement are payable per the terms and conditions as assigned by the development agreement.

VIOLATIONS