All subdivisions shall be subject to the following standards:
(1) Suitability of Land
(a) Land shall not be subdivided where the Planning Board finds such land to be unsuitable for subdivision or development due to flooding, improper drainage, rock formations, adverse soil characteristics, steep topography, inadequate utilities or transportation facilities, or other such conditions that will reasonably be harmful to the safety, health, and general welfare of inhabitants of the subdivision and surrounding area.
(b) The Planning Board may rely on staff, other agencies having jurisdiction over the applicable conditions (e.g., soil and water conservation district, U.S. Corp of Engineers, Miami County Public Health, etc.) to provide guidance and recommendations on the suitability of land and any methods the subdivider proposes to utilize to address the unsuitable land conditions.
(2) Physical Considerations
(a) Natural amenities (including views, mature trees, creeks, stream or river corridors, rock formations, and similar features) shall be preserved and incorporated into proposed development to the maximum extent feasible.
(b) Development on hillsides and slopes shall generally follow the natural terrain contour. Stepped building pads, larger lot sizes, and setbacks shall be used to preserve the general shape of natural land forms and to minimize grade differentials with adjacent streets and with adjoining properties.
(c) The cutting and filling of sloped areas shall be discouraged to minimize construction costs for drainage facilities, reduce slippage dangers, and to minimize the destruction of mature trees, large areas of tree coverage, and topsoil, as a way to limit soil erosion and enhance natural drainage.
(3) Subdivision Names
The proposed name of a subdivision shall not duplicate or too closely approximate phonetically, the name of any other subdivision in the city or county. The city shall have final authority in approving the name of the subdivision.
(4) Survey Monuments
(a) A complete survey of the proposed subdivision shall be made by a registered surveyor from the State of Ohio.
(b) The traverse of the exterior boundaries of the tract and of each block, when computed from field measurements of the ground, shall comply with the Miami County Engineer's standards for closure.
(c) Reference monuments shall be accurately placed at the intersection of all outside boundary lines of the plat, at the intersection of these boundary lines with all street lines, at diagonally opposite corners of each street intersection, at all lot corners, and at such points as are necessary to establish definitely all lines of the plat. Such monuments shall be iron pins at least 5/8 inches in diameter and 30 inches long and shall be placed immediately after final grading of lots is completed. Their location shall be indicated by a suitable symbol on the record plan. There shall be no final release of the guarantee required by § 155.04(E) until all monuments have been placed, or their placement guaranteed in a manner satisfactory to the Planning Board, or its duly authorized representative.
(d) In such cases where the placement of a required monument at its proper location is impractical, it shall be permissible to set a reference monument close by that point, provided its location is properly shown on the final plat.
(e) All monument markers shall be correctly in place upon final grading and installation of utilities.
(f) All United States, state, county or other official bench marks, monuments or triangulation stations in or adjacent to the property shall be preserved in precise position.
(5) Debris and Waste
No cut trees, diseased trees, timber, debris, earth, rocks, stones, soil, junk, rubbish or other waste materials of any kind shall be buried in any land, or left or deposited on any lot or street at the time of the issuance of a certificate of occupancy, and removal of those items and materials shall be required prior to issuance of any certificate of occupancy in a subdivision. No items and materials as described in the preceding sentence shall be left or deposited in any area of the subdivision at the time the public improvements are accepted by the city.
(6) Certifications Required on the Final Plat
The following certificates, acknowledgments, and descriptions shall appear on the title sheet of the final plat. Such certificates may be combined when appropriate.
(a) Certificate by Parties Holding Title
A notarized certificate shall be signed and acknowledged by all parties having any title of interest in the land subdivided consenting to the preparation and recording of said plat, provided that the signature of parties owning the following types of interest may be omitted if their names and nature of their interest are set forth on the plat.
(b) Dedication Certificates
A notarized certificate shall be signed and acknowledged as required in § 155.081 offering for dedication all parcels of land shown on the final plat and intended for public dedication, except those parcels other than streets which are intended for the exclusive use of the lot owners in the subdivision or development, their licensees, visitors, tenants, and servants. This certification shall also show that there are no unpaid taxes or special assessments against the land contained in the plat.
(c) Certificate and Guarantee of Clear Title
The final plat shall be accompanied by a statement prepared by a duly authorized title company stating that the signatures of all persons whose consent is necessary to the preparation and recording of said plat and to the dedication of the streets and other public places are clearly shown on the plat.
(d) Surveyor's Certificates
A notarized certificate shall be signed by a registered land surveyor stating that they are responsible for the survey and that the final plat accurately depicts the subdivision and the survey. The signature of such surveyor must be accompanied by their seal and registration number.
(e) Legal Description of Property
The legal description shall be an accurate reflection of the boundary survey. Each reference in such description to any tract, development, or subdivision shall show a complete reference to records of Miami County, Ohio. The description shall also include reference to any vacated area with the book and page number of the instrument of vacation.
(f) Ohio Affidavits
The title sheet shall contain such other affidavits, certificates, acknowledgments, endorsements, and notarial seals as are required by law and by these regulations.
(g) Certificate of Approval by the City Engineer
A certificate of approval by the City Engineer, including a statement that required public improvements have been satisfactorily installed or adequate financial guarantees have been provided.
(h) Certification from Clerk of Council
If a zoning change is involved, certification from the Clerk of Council indicating that the change has been approved and is in effect.
(Ord. 5-14, passed 3-17-2014)