(A) Preapplication meetings required. The subdivider shall meet the Municipal Planning Commission or its designated representative prior to submitting the preliminary plat. The purpose of this meeting is to discuss early and informally the purpose and effect of these regulations and the criteria and standards contained therein; and to familiarize the developer with the comprehensive plan, the major thoroughfare plan, the parks and public open space plan, the Zoning Code, and the drainage, sewerage, and water systems for the village. In addition to meeting with the Municipal Planning Commission, the subdivider shall confer with:
(1) Officials of the public utility company, including cable TV, in regard to the availability of services to the proposed subdivision and the provision of easements for the construction and maintenance of utility lines or services.
(2) The Municipal Manager or his or her designee to determine the availability of the storm sewer, sanitary sewer and water.
(3) The Municipal Manager or his or her designee to determine any other requirements as they apply to the land in question.
(B) Preapplication sketch content. The subdivider shall submit to the Municipal Planning Commission a sketch plan, legibly drawn at a suitable scale and containing the following information:
(1) The proposed subdivision in relation to existing community facilities, thoroughfares, and other transportation modes, shopping centers, manufacturing establishments, residential developments, and existing natural and man-made features such as soil types, vegetation, contours, and utilities in the neighboring area.
(2) The layout and acreage of streets, lots, and any non-residential sites such as commercial, manufacturing, school, or recreational uses within the proposed subdivision.
(3) The location of utilities in the proposed subdivision, if available, or the locations of the nearest sources for water and public facilities for the disposal of sewage and storm water.
(4) The scale and title of the subdivision, a north arrow, a winter summer sun path diagram, and the date.
(5) Name, address, and phone number of the owners and developer.
(C) Preliminary plat required. After the preapplication stage, the subdivider shall submit a preliminary plat of the proposed subdivision which shall conform with the requirements set forth in divisions (D) to (L) inclusive below. The preliminary plat shall be prepared by a qualified registered engineer or surveyor.
(D) Submission to State Highway Director. Before any plat is approved affecting any land within 300 feet of the centerline of a proposed new highway or a highway for which changes are proposed as described in the certification to local officials by the State Highway Director of any land within a radius of 500 feet from the point of intersection of such centerline with any public road or highway, the Commission shall give notice, by registered or certified mail to the Highway Director. The Commission shall not approve the plat for 120 days from the date the notice is received by the Highway Director. If the Highway Director notifies the Commission that he or she shall proceed to acquire the land needed, then the Commission shall refuse to approve the plat. If the Highway Director notifies the Commission that acquisition at this time is not in the public interest or upon the expiration of the 120 day period or any extension thereof agreed upon by the Highway Director and the property owner, the Commission shall, if the plat is in conformance with all provisions of these regulations, approve the plat.
(E) Application for tentative approval. An application for tentative approval of preliminary plat, the filing fee, together with nine copies of the preliminary plat and the supplementary information specified in divisions (F) to (J), inclusive, below, shall be submitted to the Municipal Planning Commission.
(F) Preliminary plat form. The preliminary plat shall be drawn at a scale not less than 100 feet to the inch and shall be on one or more sheets 24 x 36 inches in size.
(G) Preliminary plat contents. The preliminary plat shall contain the following information:
(1) Proposed name of the subdivision, which shall not duplicate or closely approximate the name of any other subdivision in the village or adjacent townships.
(2) Location by section, range, and township or other surveys.
(3) Name, addresses, and phone numbers of the owner, subdivider, professional engineer, and registered surveyor who prepared the plat, and appropriate registration numbers and seals.
(4) Date of survey.
(5) Scale of the plat, north point.
(6) Boundaries of the subdivision and its acreage.
(7) Names of adjacent subdivision, owners of adjoining parcels of unsubdivided land, and the location of their boundary lines.
(8) Locations, widths, and names of existing streets, railroad rights-of-way, easements, parks, permanent buildings, and corporation and township lines; location of wooded areas and other significant topographic and natural features within and adjacent to the plat for a minimum distance of 200 feet.
(9) Zoning classification of the tract and adjoining properties and a description of proposed zoning changes, if any.
(10) Existing contours at an interval of not greater than two feet if the slope of the ground is 15% or less; and not greater than five feet where the slope is more than 15%.
(11) Existing sewers, water lines, culverts, and other underground structures, and power transmission poles and lines, within and adjacent to the tract.
(12) Location, names, and widths of proposed streets and easements.
(13) Building setback lines with dimensions.
(14) Location and dimensions of all proposed utility and sewer lines, showing their connections with the existing system.
(15) Layout, numbers, and approximate dimensions of each lot. When a lot is located on a curved street or when side lot lines are not at 90° angles, the width at the property line shall be shown.
(16) Parcels of land in acres to be reserved for public use or to be reserved by covenant for residents of the subdivision.
(17) A vicinity map at a scale of not less than 2,000 feet to the inch shall be shown on or accompany the preliminary plat. This map shall show all existing subdivisions, roads, and tract lines and the nearest existing thoroughfares. It shall also show the most advantageous connection between the roads in the proposed subdivision and those of the neighboring areas.
(18) All trees, six inches or larger in diameter as measured at a point four feet from the ground level, shall be located and their diameter shown unless determined by the Planning Board to be unnecessary in a specific situation.
(H) Supplementary information. The following information shall be supplied in addition to the requirements in division (G) herein:
(1) Statement of proposed use of lots, giving type and number of dwelling units and type of business or industry.
(2) Location and approximate dimensions of all existing buildings.
(3) For commercial and industrial development, the location, dimensions, and approximate grade of proposed parking and loading areas, alleys, pedestrian walks, streets, and points of vehicular ingress and egress to the development.
(4) Description of proposed covenants and restrictions.
(5) The Municipal Manager or his or her designee shall forward copies of the preliminary plat to the following officials and agencies requesting review and written comments:
(a) The Municipal Engineer;
(b) The General Telephone Company;
(c) The Dayton Power and Light Company;
(d) The Department of Public Safety.
(6) The subdivider shall obtain written approval of the preliminary plat from each of the officials and agencies listed above in (a) through (d) inclusive. The subdivider shall submit these written approvals to the Planning Commission along with the required number of copies of the preliminary plat at the time of application for approval of the preliminary plat. The Commission shall not be required to act on the plat in the absence of any of the required approvals.
(I) Filing. The preliminary plat shall be considered officially filed on the day it is received with all of the required information specified in divisions (E) to (H), inclusive, and the filing fee, by the Director of Finance and Records and shall be so dated. A filing fee shall be charged, as indicated in § 151.10. If, after review by the Director of Finance and Records or the Planning Commission, part or all of the required information is found missing, the preliminary plat shall not be considered officially filed and shall be returned to the subdivider. The Planning Commission shall not be required to act on the plat if the plat has been returned to the subdivider for this reason. The filing fee shall not be refunded; however, no additional fee will be required for resubmission of the preliminary plat with the previously missing documents.
(J) Public hearing. The Municipal Planning Commission on its own initiative or upon petition by a citizen or neighboring property owner may, prior to acting on a preliminary plat of a subdivision, hold a public hearing thereon at such time and upon such notice as the Commission may designate.
(K) Approval of the preliminary plat.
(1) The Municipal Planning Commission President or his or her designee shall forward copies of the preliminary plat to such officials and agencies as may be necessary for the purpose of study and recommendation. These shall include at least the following in addition to the Planning Commission:
(a) The Municipal Council;
(b) The Board of Education.
(2) After receipt and review of reports and written approvals from such officials and agencies, the Municipal Planning Commission shall determine whether the preliminary plat shall be approved, approved with modifications, or disapproved. If a plat is disapproved, the reasons for such disapproval shall be stated in writing as part of the official records of the Commission and a copy of such record shall be forwarded to the subdivider by the Secretary of the Commission. The Municipal Planning Commission shall act on the preliminary plat within 45 days after filing unless the plat has been sent to the State Highway Director as stated in division (D) herein or such time is extended by agreement with the subdivider. The approval or disapproval of the preliminary plat shall not indicate approval or disapproval by any outside agency or official other than the Municipal Planning Commission.
(3) When considering approval of a preliminary plat, the Planning Commission shall base its decision on the following findings:
(a) That the design, locations, and dimensions of the proposed streets, roads, and parking areas will be adequate to serve the people living or working in the proposed subdivision.
(b) That the design, locations, and dimensions of proposed utilities will be adequate to serve the people living or working in the proposed subdivision.
(c) That property adjacent to the proposed subdivision will not be adversely affected.
(d) Any other findings such that the health, welfare, and safety of the residents of the village is not deteriorated.
(4) When a preliminary plat has been approved by the Planning Commission, the President shall sign all copies and return one to the subdivider for compliance with final approval requirements. Approval of the preliminary plat shall be conditional upon compliance with all other applicable statutes and ordinances of the village.
(L) Approval period. The approval of the preliminary plat shall be effective for a maximum period of 12 months and shall guarantee that the terms under which the approval was granted will not be affected by changes to these regulations.
(M) Regulations governing improvements. The final plat drawings and specifications of improvements shall be a set of construction and utility plans prepared by a registered professional engineer. The developer shall submit a construction review fee to the village. The developer shall then submit to the Municipal Engineer one copy of street plans, profiles, and construction details; water plans, profiles, and construction details; storm drainage plans, profiles, and construction details; sidewalk plans, profiles, and construction details; typical cross sections; and estimates of quantities of materials. The Municipal Engineer shall review the drawings and specifications to insure compliance with these regulations and accepted engineering and construction practices and make a recommendation to the Municipal Planning Commission for the approval, approval with modifications, or disapproval of the drawings and specifications. The decision of the Commission, requested modifications if necessary, or reasons for disapproval shall be stated in writing as part of the official records of the Commission and a copy of the record shall be forwarded to the subdivider.
(N) Ohio Environmental Protection Agency (OEPA) approval of water and sewer facilities. Upon Planning Commission approval of the construction drawings and specifications as stated in division (M) above, the developer shall forward to the local office of the Ohio Environmental Protection Agency the necessary number of sets of plans and material specifications for OEPA approval of the water and sewer systems. The plans shall be accompanied by a letter from the Planning Commission indicating approval of the plans submitted to OEPA and indicating a request for OEPA review and approval of the plans. Any plan review fee charged by OEPA shall be paid by the subdivider. The subdivider shall provide the necessary number of plans for submission to OEPA.
(O) Performance and maintenance bond.
(1) Prior to the granting of approval of the final plat the subdivider shall have installed the minimum required improvements, or shall have furnished a surety or certified check for the amount of the estimated construction cost of the ultimate installation and the initial maintenance of the improvements. The developer or his or her engineer shall determine the amount of bond based on estimates of plat engineering and estimates of quantities of materials to cover the cost of all streets, storm sewers, sanitary sewers, water mains, curbs, gutters, sidewalks, street lights, and grading. Current prices used in estimating municipal jobs shall be used to determine the amount of bond required. The developer shall furnish the Municipal Engineer with estimates of quantities of materials and associated costs used to determine the amount of the bond. The Municipal Engineer shall review the estimates of quantities of materials and associated costs for accuracy and to insure that the amount of the bond will cover the costs of the project. Before the surety is accepted, it shall be approved by the Mayor or the Municipal Manager based on the review of the Municipal Engineer. The term of the surety shall extend 12 months beyond the completion date of the project with the Municipal Council having the option to extend the length of time a given surety is in effect by resolution.
(2) The subdivider shall be required to file a maintenance bond with the village, prior to dedication of improvements, in the amount of 10% of the total costs of the construction of public improvements and in a form satisfactory to the Municipal Attorney, in order to assure the satisfactory condition of the required improvements, including all lot improvements on the individual subdivided lots for a period of one year after the date of their acceptance by the Municipal Council and dedication of same to the village.
(P) Reduction of performance bond. The performance bond or surety shall be reduced upon actual dedication of public improvements and then only to the ratio that the public improvements dedicated bear to the total public improvements for the plat. In no event shall a performance bond be reduced below 25% of the principle amount unless all of the public improvements for the plat have been completed to the satisfaction of the village, accepted by the village, and a maintenance bond has been properly filed.
(Q) Final plat required. The subdivider having received approval of the preliminary plat and construction drawings, shall submit a final plat of the subdivision and drawings and specifications of the improvements required therein. The final plat shall have incorporated all changes in the preliminary plat required by the Municipal Planning Commission. Otherwise it shall conform to the preliminary plat, and it may constitute only that portion of the approved preliminary plat which the subdivider proposed to record and develop at the time. The final plat and the supplementary information shall be prepared by a qualified registered engineer or surveyor.
(R) Application for approval of final plat. An application for approval of final plat, the filing fee, and five copies of the plat and the supplementary information specified shall be submitted to the Municipal Planning Commission.
(S) Final plat form. The final plat shall be legibly drawn in waterproof ink on tracing cloth or other material of equal performance. It shall be drawn at a scale not less than 100 feet to the inch, and shall be one or more sheets 24 x 36 inches in size. If more than one sheet is needed, each sheet shall be numbered and the relation of one sheet to another clearly shown.
(T) Final plat contents. The final plat shall contain the following information:
(1) Name of the subdivision, location by section, range, and township, or by other survey number, date, north arrow, scale, and acreage.
(2) Name and address of the subdividers, and the professional engineer or registered surveyor who prepared the plat and appropriate registration numbers and seals.
(3) Plat boundaries, based on accurate traverse, with angular and lineal dimensions. All dimensions, both linear and angular shall be determined by an accurate control survey in the field which must balance and close within the limit of one in 10,000.
(4) Bearings and distances to nearest established street lines or other recognized permanent monuments.
(5) Exact locations, rights-of-way, and names of all streets within and adjoining the plat, and building setback lines.
(6) Radii, internal angles, points of curvature, tangent bearings, lengths of arcs, and lengths and bearing of chords of all applicable streets within the plat areas.
(7) All easements and rights-of-way provided for public service or utilities.
(8) All lot numbers and lines with accurate dimensions in feet and hundredths. When lots are located on a curve, the lot width at the building setback line shall be shown.
(9) Accurate location and description of all monuments.
(10) Accurate outlines of areas to be dedicated or reserved for public use, or any area to be reserved for the common use of all property owners. The use and accurate boundary locations shall be shown for each parcel of land to be dedicated.
(11) A copy of any restrictions and covenants the subdivider intends to include in the deeds to the lots in the subdivision.
(12) Certification by a registered surveyor to the effect that the plat represents a survey made by him and that the monuments shown thereon exist as located and that all dimensional details are correct.
(13) Notarized certification by the owner or owners of the adoption of the plat and the dedication of streets and other public areas.
(14) The location of and description of all monuments and pins as specified in § 151.05(D).
(U) Supplementary information. The following information shall be supplied in addition to the requirements set forth herein:
(1) If a zoning change is involved, certification from the Municipal Zoning Inspector shall be required indicating that the change has been approved and is in effect.
(2) Certification shall be required showing that all required improvements have been either installed and approved by the proper officials or agencies, and that a bond or other surety has been furnished assuring installation and initial maintenance of the required improvements.
(V) Filing. The final plat shall be filed with the Municipal Planning Commission not later than 12 months after the date of approval of the preliminary plat, otherwise it will be considered void unless an extension is requested by the developer and granted in writing by the Municipal Planning Commission.
(W) Approval of final plat.
(1) The Municipal Planning Commission shall approve or disapprove the final plat within 45 days after it has been filed. Failure of the Commission to act upon the final plat within such time shall be deemed as approval of the plat. If the plat is disapproved, the grounds for disapproval shall be stated in the records of the Commission, and a copy of such record shall be forwarded to the subdivider. The Commission shall not disapprove the final plat if the developer has done everything that he or she was required to do and has proceeded in accordance with the conditions and standards specified in the approved preliminary plat. If disapproved, the subdivider shall make the necessary corrections and resubmit the final plat within 30 days to the Commission for its final approval.
(2) When considering approval of a final plat, the Planning Commission shall base its decision of the following findings:
(a) That the final plat conforms to the preliminary plat.
(b) That all changes to the preliminary plat required by the Commission have been made and are incorporated in the final plat.
(c) That the Municipal Manager or his or her designee finds the final plat and any required supplemental information to be in full conformance with the Subdivision Regulations of the municipality and any other applicable regulations.
(d) Any other findings such that the health, welfare, and safety of the residents of the village is not deteriorated.
(3) When a final plat has been approved by the Municipal Planning Commission, all members of the Commission shall sign all copies including the original tracing and release the final plat for filing with the County Recorder.
(4) If a plat is refused by the Commission, the person submitting the plat refused by the Commission may file, in writing, a notice for appeal within 20 days after such refusal with the Municipal Council to reconsider the action of the Commission. The appeal shall appear on the agenda of the next regularly scheduled meeting of the Council. At the meeting, the Council shall either affirm, reverse, or modify the decision of the Planning Commission after hearing arguments from the aggrieved party and a spokesman for the Planning Commission.
(X) Transmittal of copies. When the final plat has been approved by the Municipal Planning Commission, the original tracing shall be returned to the subdivider, for filing with the County Recorder after all necessary certificates are received. The subdivider shall be required to return at least two copies of the properly recorded final plat to the Director of Finance and Records. One copy shall be in reproducible form on mylar. Only after this has been accomplished will the Municipality of New Lebanon be in a position to issue or authorize the issuance of all required zoning and building permits.
(Y) Minor subdivisions (lot splits).
(1) Approval without a plat of a minor subdivision may be granted by the Planning Commission if the proposed division of a parcel of land meets all of the following conditions:
(a) The proposed subdivision is located along an existing public road and involves no opening, widening, or extension of any street or road;
(b) No more than five lots are involved after the original parcel has been completely subdivided;
(c) The proposed subdivision is not contrary to applicable subdivision or zoning regulations;
(d) The property has been surveyed and a sketch and legal description of the property is submitted with the application.
(2) If approval is given under these provisions, the Municipal Planning Commission shall within seven working days after submission approve such proposed division and, upon presentation of a conveyance for such parcel, shall stamp “Approved by the Municipality of New Lebanon Planning Commission; no plat required,” and the authorized representative of the Commission shall sign the conveyance.
(Z) Acceptance of improvements. The village will not accept dedication of required improvements, nor release nor reduce posted guarantees, until the Municipal Engineer has submitted a certificate stating that all required improvements have been satisfactorily completed and until the subdivider's engineer or surveyor has certified to the Municipal Engineer, through submission of detailed “as built” survey plat of the subdivision, indicating the location, dimensions, materials, and other information required by the Planning Commission or Municipal Engineer, that the layout of the line and grade of all public improvements is in accordance with construction plans for the subdivision and that a title insurance policy has been furnished to and approved by the Law Director indicating that the improvements shall have been completed, and are ready for dedication to the village and are free and clear of any and all liens and encumbrances. Upon such approval and recommendation, the Municipal Council shall thereafter accept the improvements for dedication in accordance with the established procedure.
(AA) Issuance of building permits and certificates of occupancy.
(1) Where a performance bond or other form of guarantee has been required for a subdivision, no certificate of occupancy for any building in the subdivision shall be issued prior to the completion of the improvements and dedication of the improvements to the village, as required in the Planning Commission's final approval of the subdivision plat, unless in the opinion of the Planning Commission that the performance bonds or other form of guarantee is adequate, and the partial or proportional construction of improvements is sufficient to adequately serve the residents of subdivision for which the certificates of occupancy are or will be sought, and the date for completion of all improvements, existing and to be constructed, is acceptable to the Planning Commission.
(2) No building permit shall be issued for the final 10% of lots in a subdivision, or if 10% be less than two, for the final two lots of a subdivision, until all public improvements required by the Planning Commission for the plat have been fully completed and dedicated to the village.
(BB) Consumer protection legislation and conflict of interest statutes.
(1) No building permit or certificate of occupancy shall be granted or issued if a developer or his authorized agent shall have violated any federal, state, or local law pertaining to consumer protection of real estate land sales, promotion, or practices, or any applicable conflicts-of-interest legislation with respect to the lot or parcel of land which is the subject of the permit or certificate, until so ordered by a court of competent jurisdiction.
(2) With respect to such lot or parcel of land, in the event a building permit or certificate of occupancy has been granted or issued, it shall be subject to revocation by the village until so ordered otherwise by a court of competent jurisdiction, provided that in no event shall the rights of intervening innocent third parties in possession of a certificate of occupancy be prejudiced by any such revocation.
(3) Any violation of a federal, state, or local consumer protection law (including but not limited to The Postal Reorganization Act of 1970; the Federal Trade Commission Act of 1970; the Interstate Land Sales in Full Disclosure Act; the Truth in Lending Act; the Uniform Commercial Credit Code; state “Blue Sky” laws; or stated subdivision disclosure acts) or conflicts-of-interest statute, law, or ordinance shall be deemed a violation of these regulations and subject to all the penalties and proceedings as set forth in § 151.99.
(CC) Performance bond release.
(1) The subdivider will be notified by the village six months prior to the expiration date of the performance bond. With this notification, the subdivider is requested to either obtain an extension of the bond if work is not completed or request release, if improvements are completed. If the subdivider does not request a release or a bond extension, the bond is considered automatically extended until such time that the village obtains a full settlement from the bonding company. Once all public improvements are completed by the subdivider, two sets of “as-built” drawings must be submitted. One set shall be in reproducible form on mylar. The developer must then request release of bond. Inspection shall be made by the Municipal Engineer to assure that all improvements are completed according to plans and specifications. If not, a punch list indicating all deficiencies shall be sent to the subdivider. The Municipal Council will release the performance bond when all improvements are completed to the satisfaction of the village, the improvements are accepted by the village, and a one-year maintenance bond has been properly posted.
(2) Until the performance bond is released, the subdivider is responsible for the condition of all public improvements.
(DD) Release of the maintenance bond. If the improvements are maintained in good condition for one year following the release of the performance bond, the maintenance bond will be released. The village will notify the subdivider three months prior to the maintenance bond expiration date and instruct him or her to request release. Upon inspection by the Municipal Engineer, the Municipal Council will release the maintenance bond and all obligations of the subdivider will have been met.
('80 Code, § 151.03) (Ord. 83-18, passed 12-20-83; Am. Ord. 95-17, passed 9-19-95) Penalty, see § 151.99