(a) Enforcement Officer. The Enforcement Officer shall have the responsibility of acting on behalf of the Planning Commission in making an initial determination that a particular subdivider has or has not complied with the requirements of these regulations. The Enforcement Officer shall perform the following functions:
(1) Establish that all the requirements of Chapters 1105 through 1117 and Section 1121.03 have been fully met by the subdivider;
(2) Make certain inspections of improvements within proposed subdivisions maintaining a vigil on the quality of the improvements and the adherence of the subdivider or developer's work to the timetables specified in these regulations.
(3) Distribute, when appropriate, copies of the preliminary plat to the City Manager, Municipal Engineer and other Municipal officials for their study and review comments;
(4) Determine instances of noncompliance with these regulations on the basis of an interpretation of these regulations and the review comments of all the appropriate officials to whom review copies of the preliminary plat were sent;
(5) Make recommendations to the Planning Commission for action on all preliminary and final plats, certifying those final plats which are in full compliance with the provisions of these regulations;
(6) Maintain permanent and current records of these regulations including amendments thereto;
(7) Receive, review, file, forward and maintain records of preliminary plats, final plats, application forms, construction drawings, and other required submissions under the terms of these regulations.
(b) Planning Commission. In order to administer these regulations, the Planning Commission shall do the following:
(1) Review the preliminary plat submitted by a subdivider and either accept, accept with modifications or reject such preliminary plat;
(2) Evaluate the recommendation of the Enforcement Officer and City Manager relative to the preliminary plat and final plat applications;
(3) Review the final plat and construction drawings submitted by the subdivider, check that the final plat is in accordance with the preliminary plat, check that the construction drawings are in accordance with these regulations and Union's "Standard Specifications and Construction Drawings for Public Improvements", determine that the requirements in Chapter 1105 through 1117 have been met, and either accept, accept with modifications, or reject the final plat;
(4) Make recommendations to Council concerning the need for, and type of, amendments to these regulations, at such times as such amendments are felt to be appropriate.
(Ord. 333. Passed 12-10-73.)
(c) Board of Zoning Appeals.
(1) Composition. The Board of Zoning Appeals shall consist of such members as is provided in Section 3.11 of the Charter. At the first meeting of each year, the Board shall elect a chairman and a vice- chairman from among its members who shall serve for one year, and it may appoint and fix the compensation of a secretary and such employees as are necessary for the discharge of its duties, all in conformity to and compliance with salaries and compensation theretofore fixed by Council.
(2) Meetings and records. Meetings of the Board of Zoning Appeals shall be held at the call of the Chairman and at such other times as the Board may determine. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations, testimony and official actions, all of which shall be filed in the office of the Clerk and shall be a public record.
(3) Filing procedure. Written application for a variance shall be filed with the Enforcement Officer, who will transmit same, together with the preliminary plat and other papers pertaining to the application, to the Board. Written application for an administrative appeal shall be made directly to the Board as well as to the Enforcement Officer. All applications made to the Board for administrative appeals and variances, shall be in writing and shall be filed with the Enforcement Officer at least fourteen days prior to the meeting at which they are to be heard. Each application shall refer to the specific provisions of these regulations involved and shall set forth a clear and exact description of land involved; the interpretation of these regulation that is claimed, and/or the details of the variance proposed to be granted.
(4) Specific powers relative to administrative errors. The Board shall hear and decide appeals where it is alleged there is an error in any administrative decision made by the Enforcement Officer in the enforcement of these regulations. Any person claiming to be aggrieved by an order, requirement, or decision made by the Enforcement Officer may appeal to the Board. Such appeal shall be taken within twenty days of the date of decision, by filing with the Enforcement Officer from whom the appeal is taken and with the Board a Notice of Appeal specifying the grounds thereof. The Enforcement Officer shall transmit to the Board all of the papers constituting the record upon which the action appealed from is taken. Normally, such review by the Board shall be limited to alleged errors in interpretation of these regulations .
(5) Specific powers relative to variances. The Board shall have the power to authorize upon appeal in specific cases, filed as hereinbefore provided, such variances from the provisions or requirements of these regulations as will not be contrary to the public interest. Such variances will be granted only in the case of peculiar conditions involving irregular, abnormally narrow, shallow, or steep lots, or other unusual physical conditions, whereby strict and literal application of such provisions or requirements would result in practical difficulty and unnecessary hardship that would deprive the owner of the reasonable use of the land or buildings involved, but in no other case. No variance from the strict application of any provision of these regulations shall be granted by the Board unless it finds, beyond reasonable doubt, that all the following facts and conditions exist:
A. That special conditions and circumstances exist which are peculiar to the land involved, and which are not applicable to other lands in the immediate vicinity.
B. That literal interpretation of the provisions of these regulations would deprive the applicant of rights commonly enjoyed by other property owners in the immediate vicinity under the terms of these regulations.
C. That the special conditions and circumstances do not result from the actions of the applicant.
D. That granting the variance requested will provide the minimum necessary relief to alleviate the hardship and will not confer on the applicant any special privilege which is denied by these regulations to other lands, structures, or buildings in the same vicinity.
E. That granting of the variance will be in harmony with the general purpose and intent of these regulations and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
(6) Public hearings procedure. When an application or appeal has been filed in proper form and with the required data, the Secretary of the Board shall immediately notify the Chairman, who will publish a notice stating the time, place and object of the hearing. Such notice shall be published in a newspaper of general circulation in the Municipality at least ten days prior to the public hearing. In addition, all property owners within 200 feet of the property in question shall be notified by the Secretary of the Board as to the time, place and object of the public hearing. Any party may appear at such public hearings in person or by agent or attorney.
(7) Approval procedure. The Board shall decide all applications and appeals within sixty days after completion of hearing. Such decision shall be binding upon the Enforcement Officer and/or Planning Commission. The terms and conditions of the decision by the Board shall be incorporated into any Building Permit whenever such is authorized by the Board.
(EDITOR'S NOTE: Section 3.11 of the City Charter establishes the number, term, powers and duties, of the Board of Zoning Appeals and authorizes the Board to establish its own rules of procedure.)
(8) Appeals procedure. Appeals from the Board of Appeals in their decisions on administrative error and variances shall be to the Court of Common Pleas of Montgomery County, Ohio, as provided by the statutes of the State.
(d) Council. Council shall have the power to act in the following manner with regard to these regulations:
(1) Appoint an Enforcement Officer who shall be responsible for the administrative enforcement of these regulations. To this end, the Enforcement Officer shall work closely with the Engineer's Office and the Planning Commission.
(2) Enter into a contract, called a Subdivider's Agreement, with the sub- divider or developer, specifying what public improvements are to be carried out and providing the legal basis for the posting of the performance bond.
(3) Accept the required public improvements as stated in Chapters 1113 and 1117 that have been reviewed and approved by the City Manager, and Ohio Environmental Protection Agency and that meet all requirements of Municipal utility general concept plans and Union's "Standard Specifications and Construction Drawings for Public Improvements" or reject those required public improvements that do not meet the above described criteria.
(4) Release the performance bond of the subdivider or developer once the required public improvements have been accepted.
(5) Release the maintenance bond of the subdivider or developer once the stipulated time period has elapsed.
(6) Amend these Subdivision Regulations, following receipt of a formal recommendation the Planning Commission and following a public hearing with the appropriate public notice.
(Ord. 333. Passed 12-10-73.)