CHAPTER 1105
Procedure for Approval
1105.01   Pre-application discussion.
1105.02   Submission to the State Department of Transportation.
1105.03   Preliminary plat required.
1105.04   Final plat required.
1105.05   Replat and correction plat.
1105.06   Transfer without plat.
1105.07   Annexation plat.
1105.08   Vacations.
1105.09   Construction drawings.
 
CROSS REFERENCES
Plat and contents - see Ohio R. C. 711.01 et seq.
Lot numbering and revision - see Ohio R. C. 711.02, 711.06, 711.28 et seq.
Plat acknowledgment and recording - see Ohio R. C. 711.06
Engineer to approve plats - see Ohio R. C. 711.08, 711.09
1105.01 PRE-APPLICATION DISCUSSION.
   Prior to the subdivision of any land, the subdivider or his agent shall discuss informally with the Planning Staff the property proposed for subdivision with reference to existing regulations and procedures.
   (a)   Pre-Application Sketch. Upon the request of the Planning Director or authorized staff representative, the subdivider shall furnish a sketch, legibly drawn at a suitable scale and containing the following:
      (1)   The layout and approximate acreage of streets, lots and any other non-residential features such as commercial, industrial, school, public land and/or open space areas within the proposed subdivision.
      (2)   The scale and title of the subdivision, a great lot or section number, township, north arrow and date.
      (3)   List the utilities available and the type of zoning which exists.
      (4)   Show the name, address and phone number of the owners and developers.
      (5)   The Planning Director or authorized staff representative may request the inclusion of other items deemed necessary in developing a parcel of real estate.
      (6)   The Planning Director or authorized staff representative may request a pre-application sketch in a less detailed form if no new street construction is contemplated.
         (Ord. 88-1. Passed 6-23-88.)
1105.02 SUBMISSION TO THE STATE DEPARTMENT OF TRANSPORTATION.
   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 Director of the State Department of Transportation 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 Director of the State Department of Transportation. The Commission shall not approve the plat for 120 days from the date the notice is received by the Ohio Department of Transportation or until a response is received from the Director, whichever is less. If the Ohio Department of Transportation notifies the Commission that it intends to acquire the land needed, then the Commission shall refuse to approve the plat. If the Ohio Department of Transportation 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 is not agreed upon by the Ohio Department of Transportation and the property owner, the Commission shall, if the plat is in conformance with all provisions of these regulations, approve the plat.
(Ord. 88-1. Passed 6-23-88.)
1105.03 PRELIMINARY PLAT REQUIRED.
   After the pre-application stage, the subdivider shall submit a preliminary plat of the proposed subdivision which shall conform with the requirements set forth in Section 1105.02 and subsection (c) hereof inclusive. The preliminary plat shall be prepared by a qualified registered engineer and/or surveyor.
   (a)   Filing of Application for Tentative Approval Required. Five copies of the preliminary plat incorporating subsection (b) and (c) hereof shall be submitted in the Planning Office where the applicant will be requested to sign a standard application for submission. Filing shall take place at least fourteen days prior to the date of the Commission meeting. Any plat must be acted upon by the Commission within a thirty day time period, unless an extension of time is granted in writing by the plat applicant. A letter of authorization to represent the property owner(s) concerning all matters involving the Planning Commission, will be requested by the Commission, if the plat applicant is not the legal property owner on record in the County Recorder's office. For fee see Section 1101.12 (a)(1).
   (b)   Preliminary Plat Form. The preliminary plat shall be drawn at a scale not less than 100 feet to the inch and may be drawn on paper of a minimum size of 8 1/2" x 11" and the maximum shall be 24" x 36".
   (c)   Preliminary Plat Contents. The preliminary plat shall contain the following information:
      (1)   Proposed name of subdivision, which shall not duplicate the name of any other subdivision within or adjacent to the County.
      (2)   Location by section, great lot, township, county, state and adjacent surveys.
      (3)   Names, addresses and phone numbers of the owner(s), subdivider(s), and professional engineer and/or registered surveyor who prepared the plat along with appropriate registration numbers and seals.
      (4)   Date of survey.
      (5)   Scale of the plat, north point.
      (6)   Names of adjacent subdivisions, owners of adjoining parcels of acreage, and the location of their boundary lines.
      (7)   Locations, widths, names of existing streets, railroad right-of-way, easements; corporation, township, state lines; location of wooded areas, active and/or abandoned mines, oil and gas wells, topographic and natural features within and adjacent to the plat for a minimum distance of 200 feet.
      (8)   Zoning classification of the proposed subdivision and adjoining properties and a description of proposed zone changes, if any.
      (9)   The subdivision boundary shall be indicated by a heavy line.
      (10)   Existing contours at an interval of not greater than two feet if the slope of the ground is fifteen percent (15%) or less; and not greater than five feet where the slope is more than fifteen percent (15%). Any anticipated changes in contour shall be shown by dotted lines on this topographic map.
      (11)   Existing sewers, water lines, culverts and other underground structures and high tension lines, within and adjacent to the Preliminary Plat.
      (12)   Location and dimensions of all proposed utility and sewer lines, showing their connections with the existing system.
      (13)   Building setback lines and dimensions. (See Section 1107.01 (d) and (f)).
      (14)   The Sediment Control Plan as required by Section 1107.07(c)(1) may be required by the Commission during the preliminary design phase.
      (15)   The approximate acreage in streets, lots, great lots, sections, tract, public land, open space and all remaining acreage over five acres, not being platted by the owner(s) or authorized representative, which is adjacent to the subdivision to be reviewed and acted upon by the Commission.
      (16)   Location, type, name and width of proposed streets and proposed easements.
      (17)   Lot design, number of parcels, lot numbers and approximate dimensions of each lot. When a lot is located on a curved street or when side lot lines are not at ninety degree angles, the approximate width at the front property line (street right-of-way) shall be shown in arc dimensions and chords where required by a zoning ordinance or these regulations.
      (18)   Location of lot(s) or acreage to be established as public land and/or open space within the proposed subdivision.
      (19)   A vicinity map at a scale of not less than 2,000 feet to the inch shall be shown on the preliminary plat.
      (20)   Location of all existing buildings located within the preliminary plat along with a note as to whether or not the structure(s) will remain.
      (21)   For commercial and industrial development, the location of alleys, pedestrian walks, streets and the points of vehicular ingress and egress to the development.
      (22)   The subdivider shall submit a letter to the Commission pointing out the type of sewage disposal he proposes to use. If public sanitary sewer is not available, the subdivider shall furnish a letter from the County Health Department stating what type of sewage disposal will be approved. A central sewage treatment plant and a central water system shall be constructed by the subdivider when deemed necessary by the Commission, the County Sanitary Engineer and the appropriate Health Agencies.
      (23)   All transmission lines shall be shown and identified, especially high pressure lines.
      (24)   The centerline of the proposed entrance to the subdivision shall be staked and marked where it intersects the existing street or road right of way, in order for the County representative(s) to properly locate the proposed subdivision on site and make a preliminary line of sight inspection for safety.
   (d)   Planning Commission Meeting. The applicant will be notified as to the date and location of the meeting. The plat owner(s) or authorized representative must attend the Planning Commission meeting, otherwise the Commission will disapprove the plat application.
   (e)   Review and Approval of Preliminary Plat. The Commission may forward copies of the preliminary plat to such officials and agencies as may be necessary for the purpose of study and recommendation. After receipt of the reviews, the 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 to the plat applicant. The Commission shall act on the preliminary plat within thirty days from the date of submission unless such time is extended by agreement with the subdivider. Approval of the preliminary plat shall be conditional upon compliance with all other applicable regulations as specified in the township zoning ordinance in which the proposed subdivision is located.
      The Commission shall send a copy of the proposed plat written notice, certified mail, return receipt requested to the clerk of the board of township trustees. Any future duly adopted and passed State amendments to this section will control.
   (f)   Approval Period. The approval of the preliminary plat shall expire in twelve months unless a portion of the subdivision has been recorded as a final plat. The preliminary plat shall be declared void two years after the date of original approval. The plat owner(s) or authorized representative may request in writing the Commission's reevaluation and reapproval of the preliminary plat.
      (Ord. 88-1. Passed 6-23-88.)
1105.04 FINAL PLAT REQUIRED.
   The subdivider, having received approval of the preliminary plat of the proposed subdivision, 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 Commission. Otherwise it shall conform to the preliminary plat, and it may constitute only that portion of the approved preliminary plat which the subdivider proposes to record and develop at the time, or the phase(s) of the development which the Commission had requested to be platted as a condition of the preliminary approval. The construction drawings shall be prepared for the entire preliminary plat, even though the subdivision is to be constructed in phases, unless otherwise determined by the Commission. The final plat shall be prepared by a registered surveyor and any drawings and specifications of the required improvements shall be prepared by a registered engineer.
   (a)   Filing of Application for Approval of Final Plat. The original final plat (major or minor) shall be presented in the Planning Office where the applicant will be requested to sign a standard application for submission. A letter of authorization to represent the property owner(s) concerning all matters involving the Planning Commission, will be requested by the Commission, if the plat applicant is not the legal property owner on record in the County Recorder's Office. For fee see Section 1101.12 (a)(2).
      (1)   Any final plat requiring Commission approval at a regularly scheduled meeting shall be submitted formally by application in the Planning Office at least seven working days prior to the meeting.
   (b)   Final Plat Form. The plat shall be drawn with black reproducible ink on linen (tracing cloth) or other suitable material (equal in durability) as determined by the Planning Director or authorized representative at a scale not less than 100 feet to the inch. The minimum plat size shall be 12" x 18" and the maximum 24" x 36". An example of a standard plat form is at the end of Part Three.
   (c)   Final Plat Contents.
      (1)   Name of the subdivision, location by section, tract, great lot, township, county, state, north point, number of lots, acreage (lots, street, public land and/or open space,) total acreage and scale.
      (2)   Printed name along with signature of the registered surveyor who prepared the final plat, which shall include the registration number and seal.
      (3)   Plat boundaries, properly surveyed in accordance with OAC 4733-37 filed pursuant to Ohio R. C. Chapter 119.
      (4)   Bearings and distances to nearest established street lines or other recognized permanent monuments.
      (5)   Exact locations of lots, right of way, and names of all streets abutting the plat.
      (6)   All easements and right of way provided for public services or utilities, along with all restrictions as requested by the Commission.
      (7)   Radii, internal angles, points of curvature, tangent bearings, lengths of arcs, and lengths and bearings of chords of all applicable streets within the plat area.
      (8)   All street right-of-way centerlines along with proper dimensions, bearings, arcs, etc., shall be shown on the final plat.
      (9)   All lot numbers and property lines with accurate dimensions in feet and hundredths and bearings to seconds. When lots are located on a curve, the lot width at the building setback line shall be shown. Interior lot depth dimensions shall be shown from the street right of way, although the deed may read from the centerline of the road. The street or road right-of-way width shall also be shown.
      (10)   Accurate survey of areas to be dedicated or reserved for public use, or any area to be reserved for the common use of the property owners. The use shall be shown for each parcel of land.
      (11)   All proper deed information such as the grantor, grantee, volume, page and date of recording shall be shown. When the real estate being subdivided is being probated, then the appointed administrator, executor, etc., shall sign the survey linen showing the probate case and docket numbers.
      (12)   A certification by a registered surveyor that the plat is correct, on minor plats that all monuments have been placed, and on major plats that principal boundary monuments have been placed.
      (13)   A notarized certificate of ownership witnessed by two other persons dedicating the streets, easements and any area reserved or dedicated for public use or common use of the property owners. The signature also guarantees on major plats the placement of monuments by a registered surveyor at all corners and changes in directions of lot lines prior to the sale of any lots. When ownership is in the name of a corporation, etc., two officers shall sign the plat linen.
      (14)   A certification of approval by the Mahoning County Planning Commission.
      (15)   A certification of approval by the Mahoning County Board of Health where public water and sanitary sewer systems are not available.
      (16)   A certification by the Board of Mahoning County Commissioners approving the land, dedicating the existing street right of way.
      (17)   A certification for transfer by the Auditor of Mahoning County.
      (18)   A certification for record by the Recorder of Mahoning County.
   (d)   Planning Commission Meeting. The applicant will be notified as to the date and location of the meeting. The plat owner(s) or authorized representative must attend the Planning Commission meeting, otherwise the Commission will disapprove the Plat application.
   (e)   Review and Approval of Final Plat. The Commission shall approve, approve conditionally or disapprove the final plat within thirty days unless further time is agreed to by the applicant. Approval or disapproval of the Commission shall be endorsed in writing on the final plat.
      (1)   The Commission shall send a copy of the final plat by written notice, certified mail, return receipt requested to the clerk of the board of township trustees. Any future duly adopted and passed State amendments to this section will control.
      (2)   Prior to the endorsement of a major plat, the subdivider (applicant) shall file in the Planning Commission Office, complete drawings of all the improvements as required by the Commission, County Engineer and Sanitary Engineer, signed by the County Engineer and Sanitary Engineer.
      (3)   The required construction or maintenance guarantee in the amount as determined in writing by the County Engineer, shall be filed in the Planning Commission Office prior to release of the final plat.
   (f)   Approval Period. The final plat shall be filed with the County Recorder within one year from the Commission meeting date, otherwise the plat shall be considered null and void.
      (Ord. 88-1. Passed 6-23-88.)
1105.05 REPLAT AND CORRECTION PLAT.
   A replat or correction plat for which a plat has been previously recorded shall require the same procedure as for a new subdivision. The original volume and page of plat recording shall be shown within the plat title. For fee see Section 1101.12(a)(2).
(Ord. 88-1. Passed 6-23-88.)
1105.06 TRANSFER WITHOUT PLAT.
   (a)   Conditions of Approval. Approval without a plat (deed transfer) may be granted by the Planning Director if the proposed division of a parcel of land meets all of the following conditions:
      (1)   The proposed subdivision does not involve an opening, widening or extension of any street or road, and is between adjoining property owners;
      (2)   The proposed subdivision is not contrary to applicable subdivision or zoning regulations;
      (3)   The proposed subdivision does not create an additional building site;
      (4)   The property has been surveyed and a sketch prepared.
 
   (b)   Approval of Transfer Without Plat. If approval is granted under the above provisions, the Commission's representative shall, within seven working day after submission, approve such proposed transfer and, upon presentation of a conveyance for the parcel, shall stamp "Approved by the Mahoning County Planning Commission; No Plat Required" and the authorized representative shall sign the conveyance. The owner(s) or the legal representative shall then record such conveyance. For fee see Section 1101.12 (a)(4).
(Ord. 88-1. Passed 6-23-88.)
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