(1) 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, dedication of right-of-way, or a need for any public improvements.
(2) Applicability
(a) 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:
(i) The subdivision or consolidation shall not result in or create more than 5 lots, including the remainder of the original parcel;
(ii) The subdivision or consolidation shall be in compliance with all applicable site development standards in the Tipp City Zoning Ordinance or with any approved variance from such standards;
(iii) All lots resulting from the minor subdivision or consolidation shall have frontage and access on an existing street and shall not require the construction, expansion, or improvement of any street; and
(iv) The subdivision or consolidation shall not require any public improvements or the dedication of rights-of-way.
(b) Any subdivision of land within a previously platted subdivision which results in 6 or more additional lots shall adhere to the procedures for an amendment to a major subdivision, as applicable, and as set forth in § 155.03(D)(6).
(3) Initiation
Any person having authority to file applications pursuant to § 155.03(B)(1) may initiate an application for a minor subdivision.
(4) Procedure
The review procedure for a minor subdivision shall be as follows:
(a) Step 1 - Pre-application Conference (Optional)
(i) Prior to filing an application, an applicant may request a meeting with the Zoning Administrator or city staff for a pre-application conference to discuss the proposed minor subdivision.
(ii) The applicant shall supply preliminary information to the Community and Economic Development Department in a form established by the city. The applicant shall submit such information at least 3 business days prior to the scheduled meeting.
(iii) The purpose of the pre-application conference shall be to discuss the proposed subdivision, review submittal requirements, and discuss compliance with the provisions of these regulations prior to the submission of an application.
(iv) Any pre-application conference or meeting with staff or other city representatives shall be subject to § 155.03(B)(4).
(b) Step 2 - Application
(i) The applicant shall submit an application in accordance with § 155.03(B).
(ii) 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.
(iii) If the minor subdivision involves the transfer of land area from 1 lot to an adjacent lot, both property owners shall be required to authorize the application and deeds or other instruments of conveyance shall be submitted for both lots.
(c) Step 2 - Review and Comment by Applicable Agencies
(i) Upon determination that the application for a minor subdivision is complete, the Zoning Administrator may transmit copies of the application for review by applicable agencies including, but not limited to, the City Engineer and any other agencies having authority over streets, water, sewer, gas, or other utilities and other public improvements.
(ii) Such agencies may supply comments, recommendations, and approvals as applicable, to the Zoning Administrator for consideration prior to the Zoning Administrator's decision (Step 3).
(d) Step 3 - Review and Decision by the Zoning Administrator
(i) Within 14 days of the determination that the application (Step 1) is complete, the Zoning Administrator shall review the application and approve or deny the application for a minor subdivision based on the review criteria established in § 155.03(C)(5), below.
(ii) In reviewing the minor subdivision, the Zoning Administrator, on recommendation of the City Engineer and/or the City Utilities Director, may require the addition of easements and/or setbacks as part of a transfer of land area between 2 lots.
(iii) If the Zoning Administrator denies an application for a minor subdivision, the Zoning Administrator shall provide the applicant with written finding for the denial.
(iv) If the application is approved, the Zoning Administrator and City Engineer shall be required to sign the minor subdivision/plat.
(v) If the minor subdivision involved the transfer of land area between 2 lots, approval shall result in the creation of 2 new inlots of record, which shall eliminate the old property lines that existed prior to the transfer of land. Each new lot shall be assigned a new inlot number.
(vi) Authority to Forward to the Planning Board
A. The Zoning Administrator shall have the authority to forward the minor subdivision application to the Planning Board for review and final action if the Zoning Administrator determines that the subdivision's complexity, projected impacts, or proximity to conflicting land uses merit such action.
B. Within 30 days from receipt of the Zoning Administrator's request to review the minor subdivision, the Planning Board shall review the minor subdivision at a public meeting and make a final decision to either approve, approve with conditions, or deny the application based on the criteria in § 155.03(C)(5).
(5) Review Criteria
In order to approve a minor subdivision, the Zoning Administrator shall determine the following:
(a) That the minor subdivision complies with all applicable provisions of these subdivision regulations and the zoning code;
(b) That the minor subdivision complies with all other applicable regulations and plans of the city; and
(c) That the applicable review agencies have no objections that cannot be resolved by the applicant.
(6) Recording
(a) The Zoning Administrator and City Engineer shall sign and date the minor subdivision/plat.
(b) The subdivider shall then be responsible for submitting the signed conveyance with the Miami County Auditor for the transfer of property and to the Miami County Recorder for the recording of the lots as legal lots of record and providing a copy of said minor subdivision/plat to the City of Tipp City Community and Economic Development Department after recording.
(7) Variances, Administrative Waivers, and Appeals
(a) 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 the zoning code, the applicant will be required to apply for and received all the necessary variance or administrative waiver approvals through Chapter 154: Zoning of the Tipp City Codified Ordinances prior to approval of the minor subdivision.
(b) Any person or entity claiming to be injured or aggrieved by any final action of the Zoning Administrator shall have the right to appeal the decision to the BZA as established in § 155.03(F).
(8) Approval Time Limit
The minor subdivision approval shall expire 1 year after the Zoning Administrator signs and dates the minor subdivision unless the minor subdivision is recorded in the office with the Miami County Recorder during said period.
(Ord. 5-14, passed 3-17-2014)