1113.01
Authority and administration.
1113.02
Issuance of zoning permits.
1113.03
Time limitations.
1113.04
Deviations.
1113.05
Jurisdiction.
1113.06
Relation to other laws.
1113.07
Disclaimer of liability.
1113.08
Dedication procedures.
1113.09
Conformity, completion and maintenance required.
1113.10
Penalty.
(a) Ohio R.C. Chapter 711 enables the City Council and the Planning Commission to adopt regulations governing subdivisions of land within their jurisdiction.
(b) The provisions of these Subdivision Regulations shall be administered and enforced by the Director of Public Service and Safety or his duly authorized representative. The Director of Public Service and Safety may adopt such rules and procedures as are necessary to carry out and enforce the provisions of these Subdivision Regulations with the powers provided in the laws of the State of Ohio.
(c) The City shall have the permanent and irrevocable right and authority to inspect such interior streets, access easements, waterways, common spaces and improvements thereon as are developed in the subdivision.
(d) The City of Troy shall have the right, but not the responsibility, to enter upon any Lot in the subdivision to inspect and monitor any stormwater detention basin areas or drainage facilities constructed in the subdivision. In the event that the facilities are not properly constructed or maintained, upon the failure of the Developer or the responsible party to take corrective action after being duly notified in writing by the City, the City shall have the right, but not the obligation to take whatever action is necessary to correct any improper construction or to maintain stormwater detention basin areas and drainage facilities; provided, however, that the Developer and/or the responsible party shall first have a reasonable period of time, taking into account the urgency of the matter, to take corrective action. Any cost incurred by the City of Troy for such maintenance may be assessed to the responsible party or, if the responsible party has ceased to exist, against individual lots in accordance with the declaration. Stormwater drainage restrictions shall run with the land, and shall bind the owners, successors, and assigns unless and until a modification is agreed to and approved by the Council of the City of Troy.
(Ord. 73-2021. Passed 1-18-22.)
(a) No Zoning Permit shall be issued by any governing official for the construction of any building, structure or improvement to the land or any lot within a subdivision which has been approved for platting or replatting until all requirements have been fully complied with, and all plans have been approved and the final plat recorded.
(b) Construction of all required improvements must be completed with the exception of the final course of asphalt and sidewalk prior to issuing of zoning permit.
(Ord. 73-2021. Passed 1-18-22.)
(a) Each section of an approved Preliminary Plan shall be filed for final plat approval within two (2) years of the date of approval of the Preliminary Plan or previous section. Upon the expiration of this two-year time period the Preliminary Plan shall be void unless the Planning Commission specifically extends the time limitations for a period of no more than two (2) years at any one time or proof of reasonable progress is provided to the City.
(b) If construction of a subdivision phase or section does not commence within two (2) years after the final record plat has been approved, it shall become null and void and shall be stricken from the records of the County, unless the date of expiration is extended by the City. No extension shall be granted except for good cause, and only after the City has considered the effect of any intervening changes in these regulations and the Zoning Code. Application for extension must be in writing and submitted to the Director of Public Service and Safety or his authorized representative before the end of the initial two (2) year period or any extension thereof. No extension may exceed two (2) years in length. Once a subdivision approval has expired, a new application, along with the required application fees, shall be submitted.
(c) The construction of all improvements required by these Subdivision Regulations must be completed within two (2) years from the date the construction drawings are approved, unless good cause is shown and an extension of time has been granted. Developers or his engineers are required to re-apply to the City for a time extension.
(d) Top course of pavement is not to be placed for a minimum of nine (9) months after the leveling course and seventy-five percent (75%) of the homes are completed. If after two (2) years after the leveling course is placed, seventy-five percent (75%) of the homes have not been completed, then the top course may be applied. As-built drawings must be submitted prior to the placement of the top course of pavement.
(Ord. 73-2021. Passed 1-18-22.)
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