Boundary line adjustments and minor subdivisions are exempt from the Municipal plat requirements. The following rules and regulations shall govern boundary line adjustments and minor subdivision development in the Municipality.
(a) Prerequisite. Prior to submittal of the exemption request, the applicant shall meet with the Municipal Engineer and Zoning Inspector to determine whether the boundary line adjustment or minor subdivision request meets the exemption criteria and to explain the procedure and submittal requirements. If it is determined that the applicant’s proposal does not meet the exemption intent, the applicant shall be required to comply with the sketch plan, preliminary plan, and final plat process of these Regulations.
(b) Boundary Line Adjustment Exemption. The Boundary Line Adjustment process is an administrative process conducted by the Zoning Inspector. Boundary line adjustments cannot be used to increase the total number of parcels and legally created parcels less than one (1) acre shall not be considered for boundary line adjustments.
(1) Criteria. An application must meet, at a minimum, all of the criteria below.
A. Resulting parcels comply with the adopted standard platting conditions and any other conditions determined applicable by the Zoning Inspector.
B. Resulting parcels comply with all applicable zoning, building, fire, and health codes, rules and regulations.
(2) Submittal Process. The submittal processes below shall apply to all Boundary Line Adjustments:
A. The applicant shall submit one (1) copy of the exemption request to the Zoning Inspector.
B. The submittal shall be reviewed in a timely manner for completeness by the Zoning Inspector. The applicant shall be notified of any inadequacies, missing, or incomplete documentation. An incomplete submittal shall not be processed.
C. Once the submittal is determined complete, the Zoning Inspector will conduct a site characteristics analysis and perform a site visit to verify characteristics and determine if the application meets the criteria for a Boundary Line Adjustment.
D. If the Zoning Inspector denies the exemption request, the applicant shall have the right to appeal to the Planning and Zoning Commission.
(3) Submittal Requirements. In addition to the submittal requirements listed below, the Zoning Inspector may request other materials or information as deemed necessary, before or during the process.
A. Application Form as provided by the Zoning Inspector.
B. The appropriate fee(s), as established by the Commission.
C. Deeds or other proof of ownership for the subject properties.
D. A notarized letter of authority from the landowner permitting a representative to process the application, if applicant is other than the owner(s) of record.
E. Vicinity Map - submitted on a 8 ½" x 11" sheet of paper, that indicates the location of the subject properties in relation to the general context of the Municipality.
F. Location Map - submitted on a 8 ½" x 11" sheet of paper or another size approved by the Zoning Inspector, that indicates the location of the subject properties in relation to roads, streams, utilities, adjacent parcels and other features.
G. Preliminary Drawing - submitted on a 24" x 36" sheet of paper at a scale approved by the Zoning Inspector. The drawing shall, at a minimum, depict the following:
1. The title shall be placed at the top of the sheet along the long dimension of each sheet and shall include: the name of the proposed exemption; a general legal description; and the case number.
2. The Drawing shall include: the preparation date; a north arrow designated at true north; a written and graphic scale; the name, address, and phone number of the person who prepared the exhibit; vicinity map; and the number of the sheet and the total number of sheets.
3. The proposed boundaries of the subject properties shall be depicted in a heavy solid line and any boundaries proposed to be deleted depicted with a dashed line.
4. Boundaries of adjacent properties or portions of those boundaries that are in immediate proximity of the subject properties shall be depicted in a lighter line weight.
5. Other elements that may be required are: existing and proposed roads; existing structures; utilities; earthwork; site modifications; and easements.
(4) Final Exemption Documents. Upon approval of the preliminary drawing by the Zoning Inspector, a certified Land Survey Plat for all affected boundaries, or a full certified Land Survey Plat as deemed necessary by the Zoning Inspector, shall be submitted. New legal descriptions are not valid until the final approved documents, including new deeds, is signed and recorded with the applicable County Clerk and Recorder.
(c) Minor Subdivisions. The Minor Subdivision process is an application to change real property boundaries to create five (5) or fewer new parcels.
(1) Criteria. An application must meet, at a minimum, all of the criteria below.
A. Creates no more than a total of five (5) parcels.
B. Resulting parcels shall comply with the required Municipal Platting Conditions and optional conditions determined to be applicable by the Planning and Zoning Commission.
C. Resulting parcels comply with all applicable zoning, building, fire, and health codes, rules and regulations.
D. All of the parcels created comply with the minimum lot size requirements in the applicable zoning district.
E. Resulting parcels are accessed, at a minimum, by a public right-of- way or recorded easement which meet, or with improvements can meet, Municipal Road Design Standards.
F. All of the parcels can comply with Municipal and Health Department Sewage Disposal Requirements.
(2) Submittal Process. The submittal processes below shall apply to all Minor Subdivision Exemptions:
A. The applicant shall submit one (1) copy of the exemption request and appropriate documentation to the Zoning Inspector.
B. The submittal shall be reviewed in a timely manner for completeness by the Zoning Inspector. The applicant shall be notified of any inadequacies, missing, or incomplete documentation. An incomplete submittal shall not be processed.
C. The Municipal Engineer shall evaluate the application, referral comments, the recommendation of the Zoning Inspector, and public testimony, and shall approve, approve with conditions, or deny the exemption. The Municipal Engineer’s decision shall be based on the evidence presented, compliance with the adopted standards, regulations, policies and other guidelines.
(3) Submittal Requirements. In addition to the submittal requirements listed below, the Zoning Inspector may request other materials or information as deemed necessary, before or during the process to facilitate a recommendation by the Zoning Inspector to the Municipal Engineer. All submittals shall be organized as specified in a table of contents by the Zoning Inspector.
A. Application Form as provided by the Zoning Inspector.
B. The appropriate fee(s), as established by the Municipal Engineer.
C. Deeds or other proof of ownership for the subject properties.
D. A notarized letter of authority from the landowner permitting a representative to process the application, if applicant is other than the owner(s) of record.
E. Vicinity Map - submitted on a 8 ½" x 11" sheet of paper, that indicates the location of the subject properties in relation to the general context of the Municipality.
F. Location Map - submitted on a 8 ½" x 11" sheet of paper or another size as approved by the Zoning Inspector, that indicates the location of the subject properties in relation to roads, streams, utilities, adjacent parcels and other features.
G. Grading and Drainage Plan - submitted on a 24" x 36" sheet(s) of paper at a scale of 1" = 100' or another scale approved by the Zoning Inspector. The Zoning Inspector may exempt elements of this Plan if it is determined not to be applicable. The Plan shall be prepared by a Ohio licensed Professional Engineer or registered landscape architect, that indicates the following: finished contours at five (5) foot intervals, delineating extent of cut and fill slopes; location and construction details for all existing and proposed watercourses, retention and detention areas; ditch widening and treatment; drainage patterns and storm water runoff from on-site and off-site flow; location and construction details for all existing and proposed culverts, retaining walls, curbs/gutters, etc.; storm water management plan; lot lines, roads, and building envelopes; all applicable grading and drainage details, including notes; and anticipated slope stabilization measures for all cut and fill slopes.
H. Roadway Design and Construction Drawings - submitted on a 24" x 36" sheet(s) of paper at a scale of 1" = 100' or another scale approved by the Zoning Inspector. The Zoning Inspector may exempt elements of this Plan if it is determined not to be applicable. The Plan shall be prepared by an Ohio licensed Professional Engineer and be in conformance with Municipal road standards (unless exempted by the Municipality) and shall provide plan and profile drawings. The Plan shall depict the following: proposed lot lines and building envelopes; proposed traffic flow within the division and from off-site roads; utility easements; adequate access and maneuverability for emergency and public utility vehicles; ingress, egress, and internal vehicular circulation; all existing and proposed roads; location of school bus turnarounds, if applicable; all existing and proposed access to the subdivision from Municipal, County, State, and Federal road systems/exit interchanges; demonstration that all roads and associated cut and fill slopes do not encroach on or disturb adjacent properties, unless there is written approval from appropriate parties; and proposed road names which shall not duplicate existing road names; however, when adjoining existing roads, road names shall be continued.
I. Site Plan - submitted on a 24" x 36" sheet(s) of paper at a scale of 1" = 100' or another scale approved by the Zoning Inspector. The Plan shall depict the following:
1. The title shall be placed at the top of the sheet along the long dimension of each sheet and shall include: the name of the proposed exemption; a general legal description; and the case number.
2. The Plan shall include: the preparation date; a north arrow designated at true north; a written and graphic scale; the name, address of the applicant, developer, engineer or surveyor who prepared the exhibit; vicinity map; the number of the sheet; and the total number of sheets.
3. The boundaries of the proposed parcels shall be depicted in a heavy solid line.
4. Boundaries of adjacent properties or portions of those boundaries that are in immediate proximity of the parcels proposed for subdivision shall be depicted in a lighter line weight.
5. Surveyed existing contour lines depicted at five (5) foot intervals for proposed areas of disturbance (e.g., roads, driveways, home site, well and septic). For the remainder of the plan, surveyed existing contour lines depicted at ten (10) foot intervals.
6. Depict all existing and proposed roads, structures, utilities, earthwork, site modifications including location of easements.
7. Depict all lots and building envelopes proposed, providing accurate dimensions for each.
8. General Requirements - the developer shall provide for the construction, at no cost to the Municipality, school district, or public, all roads adjacent to publicly dedicated sites, traffic signalization to serve the site, extension of all utilities to the site, and other public infrastructure as required by the Commission.
(4) Final Exemption Documents. Upon approval of the Minor Subdivision Plat by the Municipal Engineer, a full certified Land Survey Plat for all affected parcels shall be submitted. New legal descriptions are not valid until the final approved document is signed and recorded with the applicable County Clerk and Recorder. The approved Minor Subdivision Plat shall be submitted as specified by the Zoning Inspector.