(a) Subdivision Defined.
(1) A. Ohio R.C. 711.001, specifically defines a "Subdivision" as: The division of any parcel of land shown as a unit or as contiguous units on the last preceding tax roll, into 2 or more parcels, sites, or lots, any one of which is less than 5 acres for the purpose, whether immediate or future, of transfer of ownership, provided however, the division or partition of land into parcels of more than 5 acres not involving any new streets or easement of access, and the sale or exchange of parcels between adjoining lot owners, where such sale or exchange does not create additional building sites, shall be exempted; or
B. The improvement of 1 or more parcels of land for residential, commercial, or industrial structures or groups of structures involving the division or allocation of land for the opening, widening or extension of any streets, except private streets serving industrial structures; the division or allocation of land as open spaces for common use by owners, occupants or lease holders or as easements for the extension and maintenance of public sewer, water, storm drainage or other public facilities.
(2) Division (a)(1)A. of the above definition refers to two types of land subdivision, in which no improvements are required: "minor subdivisions," also known as "lot splits" or "cut-up," and "platted subdivisions." also known as "final plat subdivisions." It is noteworthy that all subdivisions of land in Ohio are deemed platted subdivisions except:
A. The division of land into parcels 5 acres or more in size that does not involve the creation of new dedicated streets or public easements of access; or
B. The transfer of parcels of land between adjoining property owners where additional building sites are not created; or
C. The division of parcels that meet current zoning and involves the creation of fewer than 5 lots. Procedures for creating these divisions can be found in Section 1206.03.
(3) Division (a)(1)B. of the above definition refers to "platted subdivisions" in which improvements are required. Note that actual division of land is not a prerequisite for qualifications as a subdivision. Any improvement of land for residential, commercial, or industrial purposes that involves the allocation of land for new public streets is legally a subdivision in the State of Ohio.
(b) The Ohio General Assembly has recognized the need for simple conveyance of property division in a limited number of instances. Ohio R.C. 711.31 permits the division of a parcel of land along an existing public street, not involving the opening, widening or extension of any street or road, and involving no more than 5 lots after the original tract has been completely subdivided to be submitted to the City, exercising subdivision approval authority for approval without a plat. If City staff is satisfied that such proposed division is not contrary to applicable platting, subdividing, or zoning regulations, it shall approve such proposed division and on the presentation of a conveyance of said parcel, shall stamp the words "Approved by City of Trenton, no plat required" and have it signed by the City's Clerk, Secretary or other official as may be designated by it. Such authority may require the submission of a plat of survey and such other information as its determination thereunder. This method of subdivision of land is known as "lot splitting" and is often called a "minor subdivision" or a "lot split."
(Ord. 12-2002. Passed 7-2-02.)