(a) Purpose. The purpose of the minor subdivision process is to allow for small subdivisions of land, consolidation of lots, or transfer of a portion of a lot to an adjacent lot where there will not be the creation of a new street, the dedication of right-of-way, or a need for any public improvements. Such purposes are also intended to be in alignment with the platting allowances established in ORC Chapter 711.
(b) Applicability.
(1) For the purposes of these regulations, a minor subdivision is a lot split, lot consolidation, or transfer of land between adjacent property owners that complies with all of the following requirements:
A. The subdivision shall not result in or create more than five (5) lots, including the remainder of the original lot (e.g., four (4) new lots and the remainder of the original lot);
B. The subdivision shall be in compliance with all applicable site development standards in this code or with any approved variance from such standards;
C. All lots resulting from the minor subdivision shall have frontage and access on an existing street and shall not require the construction, expansion, or improvement of any street;
D. The subdivision shall not require any public improvements or the dedication of rights-of-way;
E. The property has been surveyed, and a survey sheet or record plan, in the form provided for in this code, and a full legal description of the changes resulting from the split, are submitted with the application; and
F. No landlocking of parcels shall occur as a result of the minor subdivision.
(2) A minor subdivision also includes the recombination of land, consolidation of lots, transfer of property from one lot to an adjacent lot, and for the dedication of additional land for the widening of existing streets, where no new lots are created.
(c) Minor Subdivision Review Procedure. The review procedure for a minor subdivision shall be as follows:
(1) Step 1 - Application.
A. The applicant shall submit an application in accordance with Section 1105.02: Common Review Requirements and with the provisions of this section.
B. The application shall include a deed or other instrument of conveyance in compliance containing an accurate and current legal description based on a boundary survey of each proposed new lot.
C. If the minor subdivision involves the transfer of land area from one lot to an adjacent lot, both property owners shall be required to authorize the application, and instruments of conveyance shall be submitted for both resulting lots.
(2) Step 2 - Review and Comment by Applicable Agencies.
A. Upon determination that the application for a minor subdivision is complete, the Village Administrator may transmit copies of the application for review by applicable agencies, including, but not limited to, the Village Engineer and any other agencies having authority over streets, water, sewer, gas, or other utilities and other public improvements.
B. Such agencies may supply comments, recommendations, and approvals, as applicable, to the Village Administrator for consideration prior to the Village Administrator's decision (Step 3).
(3) Step 3 - Review and Decision by the Village Administrator.
A. Within thirty (30) days of the determination that the application (Step 1) is complete, or an extended timeframe approved by the applicant, the Village Administrator shall review the application and approve, approve with modifications that will bring the application into compliance with codes, or deny the application for a minor subdivision based on the review criteria established below. An extension on the decision may be granted with approval from the applicant.
B. In reviewing the minor subdivision, the Village Administrator, on the recommendation of the Village Engineer, may require the addition of easements and/or setbacks as part of a transfer of land area between two (2) lots.
C. If the application is approved with modifications, the applicant shall be required to revise all documents prior to final signing and recording.
D. If the Village Administrator denies an application for a minor subdivision, the Village Administrator shall provide the applicant with written findings for the denial.
(4) Step 4 - Recording.
A. If the application is approved, the Village Administrator shall sign and date all required deeds in the minor subdivision or other forms of conveyance allowed by the Lorain County Auditor.
B. The applicant shall then be responsible for submitting the signed conveyance with the Lorain County Auditor for the transfer of property and to the Lorain County Recorder for the recording of the lots as legal lots of record and providing a copy of said conveyance to the Village Administrator, after recording.
C. In the case of a transfer of land between two adjacent lots, the recording of the revised lots shall take place simultaneously.
D. Following recordation, the applicant shall be required to provide the village with written confirmation of the recording.
(d) Review Criteria. In order for a minor subdivision to be approved, the Village Administrator must determine the following:
(1) That the minor subdivision complies with all applicable provisions of this code, including, but not limited to, the lot development standards of Section 1113.01;
(2) That the minor subdivision complies with all other applicable regulations of the Village; and
(3) That all valid objections to the minor subdivision raised by the Village departments have been or will be satisfactorily resolved by the applicant.
(e) Variances. If the proposed subdivision requires a deviation from the minimum site development standards (e.g., lot area, lot width, etc.) or other standards mandated by this code, the applicant will be required to apply for and receive variance approvals (See Section 1105.07.) prior to the review of the minor subdivision.
(f) Time Limit. The minor subdivision approval shall expire 120 days after the Village Administrator signs and dates the minor subdivision conveyance unless the minor subdivision is recorded in the office of the Lorain County Recorder during said period.
(g) Appeals. Any person or entity claiming to be injured or aggrieved by any final action with respect to the proposed minor subdivision shall have the right to appeal the decision to the BZA as established in Section 1105.08: Appeals.
(Ord. 2879. Passed 10-23-23.)