Review of a division of real property classified as a minor subdivision or re-subdivision shall comply with the following procedures:
(a) Review Required.
(1) Review of a minor subdivision shall be conducted when the proposed division of a parcel of land complies with all of the following conditions:
A. The proposed subdivision is located along an existing public street and involves no opening of any new street or the widening or extension of any existing street.
B. The proposed division of a parcel involves the creation of no more than five lots from the original tract.
C. The proposed subdivision does not involve the division of land as open spaces for common use by owners, occupants or leaseholders.
D. The property has been surveyed and a sketch and legal description of the property or properties is submitted with the application.
(2) Review of a re-subdivision, including lot line adjustments and lot consolidations, shall be conducted when the proposed re-subdivision complies with all of the following conditions:
A. The proposed re-subdivision is located along an existing public street and involves no opening, widening or extension of any street.
B. No additional parcels are being created.
C. The property has been surveyed and a sketch and legal description of the property or properties is submitted with the application.
(b) Pre-Application Conference. In order to help minimize development planning costs, avoid misinterpretation and ensure compliance with the requirements of these Regulations, all applicants for minor subdivision or re-subdivision are encouraged to request a pre-application conference with the Zoning Administrator. At that time the Zoning Administrator shall determine whether the approval process authorized by this section can and should be utilized. The Zoning Administrator may require the applicant to submit any additional information he or she deems relevant to the proposal including, but not limited to, a copy of the tax map showing the land being subdivided and all lots subdivided from the original tract.
(c) Contents of Application. After determination by the Zoning Administrator that the proposed subdivision or re-subdivision qualifies for review according to this section, applicants for minor subdivision or re-subdivision approval shall submit a formal application to the Zoning Administrator. Unless otherwise specified, all maps and plans shall be drawn at a scale of not less than 100 feet to an inch, and shall include a north arrow and other information necessary for interpreting the material presented. All applications shall include the following documentation, unless specific items are determined by the Zoning Administrator to be inapplicable or unnecessary and the applicant is notified in writing:
(1) A completed application form provided by the Zoning Department accompanied by the required fee.
(2) A map, consisting of a single or multiple sheets of the same size to contain the following information:
A. The location of the parcel or parcels to be subdivided or re-subdivided by block and lot numbers.
B. The property owner and the name, stamp and professional status of the designer of the subdivision or re-subdivision, who shall be a licensed land surveyor or engineer, and the parcel numbers and owners' names of property located adjacent to the parcel or parcels to be subdivided or re-subdivided.
C. The location of the following existing and proposed features, including those existing on lots adjacent to the parcel or parcels to be subdivided or re-subdivided.
1. Property lines, with those that remain in their existing location shown as a solid line, those that are being moved or removed shown as a dashed line, and those that are new property lines shown as a solid line and clearly identified as a relocated or new property line.
2. Existing contours, with intervals of one foot, and indicating the boundaries of the parcels to be subdivided.
3. Dimensions of all existing and proposed property lines and area of the lots, before and after the subdivision or re-subdivision.
4. Location and floor area of all existing structures on the site, and dimensions of setbacks from existing and proposed property lines.
5. Location of all existing and proposed connections with existing water, sewer and other utility lines, and an indication of provision for and location of surface drainage facilities, if requested by the City Engineer.
6. Location, widths and purpose of all existing and proposed easements, parks and other public properties within the area to be subdivided. All areas proposed to be dedicated to public use shall be shown and so indicated, together with any conditions of such dedication.
7. Location and names of watercourses and other essential features.
8. Location, names and widths of existing adjacent street(s) and points of access from such street(s). If a lot does not front on a street, the manner in which access is provided shall be indicated.
9. The limits of FEMA-designated floodplains and floodways, where applicable.
10. Indication of the existing zoning classification of each parcel.
(3) An outline and description of the improvements to be provided and such preliminary drawings and information for said improvements as may be required by the City Engineer.
(4) A legal description, which shall be accompanied by a certified Title Search, and a map survey of the boundaries of the parcel or parcels to be subdivided, made and certified by a licensed land surveyor and prepared in accordance with the provisions of O.A.C. 4733-37-05 "Plat of Survey". The locations of all monuments shall be referenced to the nearest approved control point as directed by the City Engineer where and if such control points are in existence. In the absence of such a control point, the subdivider shall establish monuments for the subdivision to the satisfaction of the City Engineer.
(5) Required statement certifying ownership, in not less than 12 font size. All owners of parcels affected shall sign, and shall include their addresses:
Certificate of Ownership.
I hereby certify that I am the owner of the property described hereon, which property is within the subdivision regulation jurisdiction of the City of South Euclid, and that I freely adopt this plan of subdivision.
Date Owner
(6) Any additional conditions as imposed by the Zoning Administrator.
(d) Determination of Completeness of Application. Upon receipt of an application for review, the Zoning Administrator shall determine if all the required items have been submitted and the application is complete. Once the application is determined complete, it shall be accepted for consideration and reviewed according to the procedures in this section. If the application is deemed incomplete, the applicant shall be notified of the deficiencies. Only complete applications shall be reviewed.
(e) Review of Application.
(1) The Zoning Administrator shall review the application for compliance with all applicable City Codes, and shall forward the application to the City Engineer for review and comment.
(2) The Zoning Administrator shall forward the complete application for a minor subdivision or re-subdivision and all comments from the City Engineer and Zoning Administrator to the Planning Commission for review at its next meeting.
(3) Applications shall be reviewed for compliance with the following:
A. Sewage and storm sewers, water mains and other utilities are adequately provided for each house or building, as determined by the City Engineer, and such provisions are consistent with current standards and plans.
B. The design, shape and orientation of the proposed lots are appropriate to the proposed use permitted by the existing zoning.
C. The application complies with the relevant requirements of the South Euclid Planning and Zoning Code.
(f) Action on Application.
(1) The Planning Commission shall act on the application for a minor subdivision or re-subdivision by:
A. Approving the minor subdivision or re-subdivision as submitted;
B. Approving the minor subdivision or re-subdivision with modification(s) as agreed to by the applicant; or
C. Disapproving the minor subdivision or re-subdivision when the application does not demonstrate that the required standards and criteria have been met.
(2) In making a decision, the Planning Commission shall consider the comments from the Zoning Administrator and the City Engineer.
(3) The Planning Commission shall take action on the application within 45 days after the Planning Commission has received the completed application at its first meeting. If the Planning Commission fails to act within the 45 days, or an extended time as may be agreed upon by the applicant, the application shall be considered approved.
(g) Approval and Conveyance. In the event the application for a minor subdivision or re-subdivision is approved, all owners of the property(ies) being subdivided or re-subdivided, the Planning Commission Chair, and the City Engineer shall sign and date the plat.
(h) Recording. Once the plat is signed, the applicant shall record the plat with the Cuyahoga County Recorder. The subdivider is responsible for paying the recording fee(s). Upon completion of recording, the applicant shall provide the Zoning Administrator with a copy of the recorded documents. The minor subdivision or re-subdivision shall not be considered final until these documents have been provided to the City. If such plat is not recorded within 180 days from the date of approval, such approval shall automatically become void.
(Ord. 76-06. Passed 6-11-07.)