(1) Purpose
The purpose of the major subdivision process is to provide a method of review for any subdivision that exceeds the scope of a minor subdivision and which includes multiple lots, the creation or expansion of new streets, and/or the installation of public improvements.
(2) Applicability
Any subdivision of land or replat of an existing subdivision that does not meet the applicability requirements of a minor subdivision in § 155.03(C)(2) shall be subject to the requirements of this section.
(3) Initiation
Any person having authority to file applications pursuant to § 155.03(B)(1) may initiate an application for a major subdivision.
(4) Procedure
The review procedure for a major subdivision shall be as follows:
(a) Step 1 - Pre-application Conference (Required)
(i) Prior to filing an application, an applicant shall be required to meet with city staff for a pre-application conference to discuss the proposed major subdivision.
(ii) The Zoning Administrator shall have the authority to waive this requirement for a pre-application conference.
(iii) Pre-application conferences shall be scheduled by contacting the Community and Economic Development Department.
(iv) 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.
(v) The purpose of the pre-application conference shall be to discuss the proposed subdivision, review submittal requirements, and discuss the review procedure, materials, inspections, and other relevant matters, prior to submission of an application.
(vi) Any pre-application conference or meeting with staff or other city representatives shall be subject to § 155.03(B)(4).
(b) Step 2 - Application and Filling of the Preliminary Plat
(i) The applicant shall submit an application in accordance with § 155.03(B).
(ii) The preliminary plat shall be submitted as part of the initial application.
(iii) The preliminary plat shall be prepared, signed, and sealed by an engineer or surveyor who is qualified and registered in the State of Ohio.
(iv) Upon determination by the Zoning Administrator that the application is complete, the preliminary plat shall be accepted as being officially filed.
(v) The application and the official filing of the preliminary plat shall be in accordance with the applicable submittal deadlines of the Planning Board.
(vi) If the applicant fails to submit a complete application and preliminary plat within 180 days of the pre-application conference (Step 1), the applicant shall be required to begin the review procedure again from the pre-application conference.
(c) Step 3 - Staff Review and Staff Report on the Preliminary Plat
(i) Upon determination that the application for a major subdivision is complete, the Zoning Administrator shall transmit copies of the application for review by applicable agencies including, but not limited to, the City Engineer, City Manager, fire department, agencies having jurisdiction for water and/or sanitary sewer, or other agencies the Zoning Administrator deems appropriate.
(ii) Such agencies shall supply comments and recommendations to the Zoning Administrator prior to the regularly scheduled Planning Board meeting where the preliminary plat will be reviewed.
(iii) Prior to the Planning Board meeting where the preliminary plat is scheduled for review, the Zoning Administrator shall review the preliminary plat and prepare a staff report.
(d) Step 4 - Review and Decision on the Preliminary Plat by the Planning Board
(i) The Planning Board shall not consider a major subdivision unless the preliminary plat is officially filed (Step 2).
(ii) The Planning Board shall hold a public meeting to review and decide on the preliminary plat. The Planning Board shall approve, approve with conditions, or deny the preliminary plat. The Planning Board may also continue the meeting if questions regarding the plat are not satisfactorily addressed by the applicant.
(iii) The Planning Board shall make a decision within 75 days of the filing of the preliminary plat (Step 2) unless the Planning Board and subdivider agree to an extension of this time frame. Failure to make a decision within this time frame shall constitute an approval of the preliminary plat.
(iv) If the Planning Board denies the preliminary plat, the applicant shall not move forward in the review process until a preliminary plat is approved by the Planning Board.
(v) In the event the Planning Board denies the preliminary plat or approves with conditions, the city staff, on behalf of the Planning Board shall provide the subdivider with a statement in writing setting forth the reasons for the deny or the conditions of approval.
(vi) Approval of the preliminary plat by the Planning Board does not constitute approval of the subdivision, but is merely an authorization to proceed with the preparation of the final plat and improvement drawings.
(e) Step 5 - Submission of Improvement Drawings and Final Plat
(i) The applicant shall submit the final plat and related improvement drawings in accordance with § 155.03(B) and with the provisions of this section.
(ii) The applicant shall submit all necessary improvement drawings and a final plat for review within 2 years of the decision on the preliminary plat unless an alternative schedule is approved as part of the preliminary plat approval or the subdivider can show just cause for extending the deadline. For phased subdivisions, the deadline shall apply to the first phase of the subdivision. Failure to submit the final plat within this time frame shall void the preliminary plat approval and the subdivider will be required to submit a new application in accordance with these regulations.
(iii) If the applicant proposes to provide a guarantee for the public improvements in-lieu of installing all public improvements prior to approval of the final plat, the applicant shall be required to provide all information required as part of § 155.04(E).
(iv) The final plat and improvement drawings may only be submitted after the Planning Board approves the preliminary plat. If the Planning Board approves the preliminary plat with conditions, the final plat and improvement drawings shall include all changes, additions, deletions, or approvals as was required on conditional approval by the Planning Board.
(v) Upon determination by the Zoning Administrator that the final plat has been properly submitted, the final plat shall be accepted as being filed.
(vi) The application and the official filing of the final plat shall be in accordance with the applicable submittal deadlines of the Planning Board.
(vii) In cases where the applicant proposes to develop the subdivision in phases, the final plat and improvement drawings shall be submitted for each individual phase.
(viii) The final plat and improvement drawings shall be prepared, signed, and sealed by an engineer or surveyor who is qualified and registered in the State of Ohio
(f) Step 6 - Staff Review and Staff Report on the Final Plat and Improvement Drawings
(i) Upon determination that the submission of the final plat and improvement drawings is complete, the Zoning Administrator shall transmit copies of the application for review by applicable agencies including, but not limited to, the City Engineer, City Manager, City Utilities Director, Tipp City Fire Department, or other agencies the Zoning Administrator deems appropriate.
(ii) Such agencies shall supply comments and recommendations to the Zoning Administrator prior to the regularly scheduled Planning Board meeting where the final plat and improvement drawings will be subject to review.
(iii) Prior to the Planning Board meeting where the final plat and improvement drawings is scheduled for review, the Zoning Administrator shall review the final plat and improvement drawings and prepare a staff report.
(iv) Construction of Improvements
A. Applicants shall have the choice to construct all public improvements prior to the approval of the final plat, without a financial guarantee, but such public improvements must be completed and then inspected and approved by the City Engineer before the city can approve the final plat.
B. If the applicant requests approval of a final plat prior to installation of the public improvements, the applicant shall be required to provide a financial guarantee in accordance with these regulations at the time the final plat is submitted for review.
(g) Step 7 - Review and Decision on the Final Plat and Improvement Drawings by the Planning Board
(i) The Planning Board shall hold a public meeting to review and decide on the final plat and improvement drawings. The Planning Board shall approve, approve with conditions, or deny the final plat. The Planning Board may also continue the meeting if questions regarding the plat are not satisfactorily addressed by the applicant.
(ii) The Planning Board shall make a decision within 75 days of the filing of the final plat and improvement drawings (Step 5) unless the Planning Board has continued the meeting as authorized in Paragraph (i) above or if the Planning Board and subdivider agree to an extension of this time frame. Failure to make a decision within this time frame shall constitute an approval of the final plat and improvement drawings.
(iii) If the Planning Board denies the final plat and/or improvement drawings, the applicant shall not move forward in the review process until a final plat and the improvement drawings are approved by the Planning Board.
(iv) In the event the Planning Board denies the final plat and improvement drawings or approves with conditions, the Planning Board shall provide the subdivider with a statement in writing setting forth the reasons for the deny or the conditions of approval.
(v) The Planning Board, with approval of the City Council, may give final approval on the final plat and improvement drawings before all required public improvements are installed, provided that a construction agreement and a financial guarantee (see § 155.04(E)) is provided and accepted by the City Council.
(vi) Approval of the final plat and improvement drawings by the Planning Board shall not be an acceptance by the public of the offer of dedication of any street, or other public ways or open space on the final plat unless they are accepted by the City Council in the form of the adoption of an ordinance.
(vii) No final plat shall be recorded until all areas offered for parks, open space, or public rights-of-way been accepted by the City Council.
(h) Step 8 - Acceptance of Improvements by the City Council
The city, through action by the City Council, may accept public improvements made by a subdivider which meet the following conditions:
(i) The public improvements have been made in accordance with the requirements of these regulations and the Tipp City Subdivision Design and Construction Standards;
(ii) Installation of the public improvements has been completed in accordance with the applicable design standards;
(iii) All final inspections required by these regulations have been carried out by the city, and said public improvements were found to be acceptable by the City Engineer and the Zoning Administrator; and
(iv) After all public improvements have been installed to the satisfaction of the city, the subdivider shall submit an original copy of as-built improvement drawings (showing how all public improvements were actually installed) to the City Engineer on mylar and a digital copy of the same drawings in a format acceptable to the city.
(v) After all public improvements have been installed in accordance with the construction agreement and these regulations and the subdivider has complied with this section, the City Council may, by ordinance, accept the public improvements for maintenance with any applicable guarantee.
(i) Step 9 - Disposition of Approved Plat and Recordation
(i) After approval of the original drawing of the final plat by the Planning Board, such final plat shall be transmitted to the City Council or other appropriate public body for necessary acceptance of all public dedications.
(ii) After approval of the final plat and after acceptance of all land to be dedicated on the plat by the City Council or other appropriate public bodies, the original tracing shall be returned to the subdivider for filing with the Miami County Recorder. The plat shall be filed within 60 days after date of final approval and after all necessary certifications (see § 155.04(A)(6)) have been noted thereon. The subdivider shall also furnish to the Planning Board with 1 reproducible mylar/tracing (11 x 14 inches) of the plat and digital copy of the plat in a format acceptable to the city.
(5) Review Criteria
In order to approve a major subdivision, the Planning Board and City Council, as appropriate, shall determine the following:
(a) That the major subdivision complies with all applicable provisions of these regulations and the zoning code;
(b) That the major subdivision does not conflict with other regulations, plans, or policies of the city;
(c) That applicable review agencies have no objections that cannot be resolved by the applicant; and
(d) That the final plat and improvement drawings conform to the approved preliminary plat
(6) Amendments and Withdrawal of Application
(a) No changes, erasures, modifications, or revisions shall be made in any plat of a subdivision after final approval has been given by the Planning Board and an endorsement is made in writing on the plat, unless the plat is first resubmitted and the changes approved by the Planning Board.
(b) If the applicant finds, in the process of preparing improvement drawings, that the approved preliminary plat is not workable and changes in layout are required, the applicant shall inform the Zoning Administrator and City Engineer. The Zoning Administrator may require that a revised preliminary plat be submitted for re-approval following Steps 2 through 4 above or if the changes significantly alter the design of the subdivision. The Zoning Administrator and City Engineer are authorized to allow minor changes related to the public improvements or design where there is minimal impact to the overall design of the subdivision. This shall not give the Zoning Administrator or City Engineer the authority to vary the requirements of the zoning code.
(c) Before approval of the final plat, the submitted plat may be withdrawn or modified. If modified, the review process shall be repeated. If the application is withdrawn, any application fees shall be forfeited.
(d) If during the course of construction, any changes or modifications are encountered that are not in conformance with the original approved improvement drawings, the subdivider shall submit the modified improvement drawings (which have now become as-built drawings) to the City Engineer, who, if in agreement with such modifications, shall affix their signature to these drawings indicating approval of the modifications.
(Ord. 5-14, passed 3-17-2014)