Administration and Enforcement
1175.01   Administration.
1175.02   Recording of plat.
1175.03   Sale of land in subdivision.
1175.04   Revision of plat after approval.
1175.05   Fees.
1175.06   Variances.
1175.07   Appeals.
1175.08   Severability.
1175.09   Acceptance ordinance for streets, easements and dedicated open spaces.
1175.10   Repeal.
1175.99   Penalty.
      Plat acknowledgement and recording - see Ohio R.C. 711.06
      Plat approval required - see Ohio R.C. 711.09
      Violations of rules and regulations - see Ohio R.C. 711.102
      Unlawful transfer of lots - see Ohio R.C. 711.13, 711.15
      Site plan review - see P. & Z. Ch. 1152
   The Planning Director shall administer these Regulations, except where specific authority is given to other officials as set forth in these Regulations.
(Ord. 2004-183.  Passed 11-22-04.)
   No plat of any subdivision shall be recorded in the office of the Recorder or have any validity until it has been approved in the manner prescribed herein. In the event any such unapproved plat is recorded, it shall be considered invalid; and the Planning Commission shall institute proceedings to have the plat stricken from the County records.
(Ord. 1981-99. Passed 8-24-81.)
   No owner or agent of the owner of any land located within a subdivision shall transfer or agree to transfer ownership in the future by reference to, exhibition of, or by the use of a plan or plat of a subdivision before such plan or plat has been approved and recorded in the manner prescribed herein. Any sale or transfer contrary to the provisions of this section is void. The description of such sublot or parcel by metes and bounds in the instrument of transfer or other documents used in the process of selling or transferring shall not exempt the transaction from the provisions of these Regulations.
(Ord. 1981-99. Passed 8-24-81.)
   No changes, erasures, modifications or revisions shall be made in any plat of a subdivision after approval has been given by the Planning Commission and an endorsement is made in writing on a plat, unless the plat is first resubmitted and the changes approved by the Commission.
(Ord. 1981-99. Passed 8-24-81.)
   1175.05  FEES.
   (a)    (EDITOR'S NOTE:  See Part One, Title Five, Chapter 149, Section 149.10 of the Codified Ordinances.)
   (b)    Plan Checking and Field Inspection Fees. At the time such plans, profiles and specifications are submitted for review, the City Engineer shall prepare an estimate of cost for office checking of all improvement plans. The subdivider shall thereupon deposit an amount of money equal to the estimated cost. All work done by the Engineer in connection with checking, computing and correcting such plans for improvements shall be charged against such deposit. If, during the progress of the work, the cost thereof appears to exceed the amount so deposited, the Engineer shall notify the subdivider of this fact and shall do no further work in connection with such review until the subdivider has deposited such additional sum of money determined necessary by the Engineer to cover the cost of the work. The subdivider shall also pay to the office of the City Engineer the total cost of field inspection of the improvements. The inspection fee shall be determined by the City Engineer. The inspector's salary shall be paid from the inspection fee. The rate per hour shall be the inspector's payroll cost times two and two-tenths in accordance with the Standard Basis for Billing from the Engineer's current schedule on file at the Mayor's office. The subdivider is held responsible for all inspection fees which shall be payable monthly. The performance bond posted by the subdivider guarantees the payment of all inspection fees and no bonds shall be released until all inspection fees have been paid in full.
(Ord. 1981-99. Passed 8-24-81.)
   1175.06  VARIANCES.
   The Planning Commission may recommend variances to these Regulations as specified herein where unusual or exceptional factors or conditions require such modification provided that the Planning Commission shall:
   (a)    Find that unusual topographical or exceptional physical conditions exist.
   (b)    Find that strict compliance with these Regulations would create an extraordinary hardship in the face of the exceptional conditions.
   (c)    Permit any modification to depart from these Regulations only to the extent necessary to remove the extraordinary hardship.
   (d)    Find that any modification granted shall not be detrimental to the public interest nor in conflict with the intent and purpose of these Regulations.
   (e)    Require such other conditions to be met by the proposed plat as the Planning Commission may find necessary to accomplish the purposes of these Regulations when modified.
   (f)    Any variance shall accompany the proposed plat with appropriate justification. (Ord. 1981-99. Passed 8-24-81.)
   1175.07  APPEALS.
   Rights of appeal shall be as set forth in Ohio R.C. Chapter 711 or any other applicable sections of the Ohio Revised Code.
(Ord. 1981-99. Passed 8-24-81.)
   1175.08  SEVERABILITY.
   If any article, section, paragraph, clause or part of these Regulations is held invalid by a court, such judgment shall not affect the validity of the remaining provisions of these Regulations.
(Ord. 1981-99. Passed 8-24-81.)
   (a)    A review shall be held by a committee of Council when all requirements have been complied with. The Committee shall submit their recommendation to Council as to whether or not the City shall accept the streets, easements and dedicated open spaces as contained in the subdivision.
   (b)    When all requirements as contained herein have been complied with to the satisfaction of Council, an ordinance accepting the streets, easements and dedicated open spaces as contained in the subdivision shall be considered by Council.
   (c)    Upon the passage of the acceptance ordinance properly approved, the Council President and Clerk shall sign the plat.
   (d)    The subdivider shall then have the plat recorded. The plat tracings become a part of the Planning Commission records after being recorded and shall bear a legend to that effect. (Ord. 1981-99. Passed 8-24-81.)
   1175.10 REPEAL.
   All prior subdivision regulations and amendments thereto are hereby repealed.
(Ord. 1981-99. Passed 8-24-81.)
   1175.99  PENALTY.
   Whoever violates any provision of these Subdivision Regulations or who fails to comply with any order issued pursuant thereto shall be fined not more than one thousand dollars ($1,000) for each offense and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
   The sum may be recovered in a civil action brought in the Court of Common Pleas in this County by the Law Director in the name of the City.
(Ord. 1981-99. Passed 8-24-81.)