(a) Plat approval of a minor subdivision is not required if the proposed subdivision of a parcel of land meets all of the following conditions:
(1) A. The proposed subdivision is located along an existing public dedicated street or road and does not involve the opening, widening or extension of any street or road.
B. The proposed subdivision involves no more than five lots after the original tract has been completely subdivided. As used in this division, "completely subdivided" means a tract which is divided into as many lots as the subdivider intends for the tract.
C. The proposed subdivision is not contrary to applicable platting, subdividing, zoning, health, sanitary or rules governing household sewage treatment systems adopted under R.C. § 3718.02.
(2) The further division of an original tract which has been previously divided into five lots requires the replatting of the original tract.
(3) Design standards, §§ 1246.02 and 1246.03, are to be met even though plat approval is not required when a minor subdivision meets the conditions described in divisions (a)(1) through (a)(3) of this section.
(b) Any person proposing to create a subdivision which meets all of the foregoing conditions shall submit the following information to the City Engineer for approval without a plat:
(1) Two copies of a survey drawing and legal description of the parcel or parcels involved, prepared by a licensed land surveyor. The survey shall indicate the following:
A. The location of the proposed subdivision, including the tract, boundaries, township, section, number, north arrow and scale;
B. The location of all existing streets on or abutting the parcel to be subdivided;
C. Lot lines, with width and depth dimensions in feet;
D. The location and dimensions of the original tract not subdivided into lots; and
E. Recording date, the names of recorded owners of the parcel to be subdivided, and the certification and seal of the licensed land surveyor to the effect that the survey made by him or her balances and closes and that all dimensions and geodetic details are accurate and correct.
F. Evidence of compliance that the proposed subdivision has been reviewed and approved by the Health Commissioner of the Shelby Health Department or Richland Public Health, whoever or whichever has jurisdiction.
(c) (1) After the City Engineer is satisfied that the proposed subdivision is not contrary to the conditions set forth in division (a) of this section, he or she shall give approval within seven working days after submission and, upon presentation of an instrument of conveyance for the parcel or parcels, shall stamp "Approved: No plat required" and shall sign the instrument. In the event the City Engineer is not satisfied that the proposed subdivision complies with these regulations, then the applicant shall submit all required information to the City Planning Commission for review and consideration at its next regularly scheduled meeting. If the proposed subdivision is in accordance with these regulations, the Commission shall approve the same and the Chairperson shall stamp and sign the instrument of conveyance as required above.
(2) The City Charter, § 98, requires a plat for any subdivision. The subdivider is advised to review the requirements of the Charter.
(d) Reference should be made to Appendix II, following the text of these Subdivision Regulations, for provisions and charts relative to minor subdivisions.
(Ord. 17-83, passed 6-6-1983; Ord. 13-2019, passed 7-15-2019)
Cross-reference:
Affidavit of compliance, see Subdivision Appendix VII, Sample Form No. 8, following the text of Ch. 1250 of these Subdivision Regulations