1240.01 Adoption.
1240.02 Definitions.
1240.03 Interpretation and scope.
1240.04 Waiver of filing plat.
1240.05 Transfer of ownership.
1240.06 Building permits.
1240.07 Separability.
1240.99 Penalty.
CROSS REFERENCES
Violations of rules and regulations - see Ohio R.C. 711.102
Engineer to approve plats; inspection of streets and acceptance - see Ohio R.C. 711.08, 711.091
Plat approval required - see Ohio R.C. 711.09
Council to hold public hearing on general platting rules and regulations - see Ohio R.C. 711.09, 711.101, 711.132
Planning authority approval without plat - see Ohio R.C. 711.131
Vacating or altering plats - see Ohio R.C. 711.17 et seq.
Revision of plats - see Ohio R.C. 711.28 et seq.
Lost or destroyed records - see Ohio R.C. 711.34 et seq.
Planning Commission - see P. & Z. Ch. 1220
The rules and regulations relative to the platting of land and the approval of subdivisions within the Village set forth in this Title Four - Subdivision Regulations, of Part Twelve - the Planning and Zoning Code, and heretofore approved by the Planning Commission, are hereby adopted and promulgated.
(Ord. 1965-17. Passed 7-20-65.)
As used in these Subdivision Regulations, the following terms shall be interpreted and construed as follows:
(a) "Commission" means the Planning Commission of the Village.
(b) "Council" means the Council of the Village.
(c) "Final plat" means the final map on which the subdivider's plan of subdivision is presented to the Commission for approval and which, if approved, will be submitted to Council for appropriate action.
(d) "Instrument of conveyance" means any instrument by which transfer of ownership of a parcel of land is accomplished or intended.
(e) "Lot" means a parcel of land occupied or intended to be occupied by a main building or use, or by a group of buildings united by a common interest or use, together with accessory buildings and uses and the open spaces belonging to the same, and having frontage on a public street or road.
(f) "Major Street Plan" means the plan of existing and proposed streets and public grounds, ways and open spaces, adopted by the Commission.
(g) "Plat" means a map of a tract or parcel of land.
(h) "Preliminary plat" means the preliminary map indicating the proposed layout of the subdivision to be submitted to the Commission.
(i) "Secretary" means the Secretary of the Commission.
(j) "Street" means a way for vehicular traffic classified as follows:
(1) Principal streets - all State and County highways.
(2) Secondary streets - all other publicly owned streets.
(3) Private streets - all streets not dedicated and accepted for public use.
(k) "Subdivider" means the owner of real property, or authorized agent of the owner, who brings proceedings to create a subdivision of such real property.
(l) "Subdivision" means:
(1) The division of any parcel of land shown as a unit or as contiguous units on the last preceding tax roll, into two or more parcels, sites or lots, any one of which is less than five acres, for the purpose, whether immediate or future, of transfer of ownership or building development, except for the following:
A. The division or partition of land into parcels of more than five acres not involving any new streets or easements of access. (See Section 1240.04)
B. The sale or exchange of parcels between adjoining lot owners, where such sale or exchange does not create additional building sites or reduce any lot or parcel to dimensions or area less than those required by the zoning ordinances of the Village in effect at the time of such sale or exchange applicable to the zoning district in which such land is situated; (See Section 1240.04)
(2) The improvement of one 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 street or streets; or
(3) 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.
(m) Subdivision Regulations" means Title Four of this Part Twelve - the Planning and Zoning Code.
(n) "Village" means the Village of Walton Hills.
(o) "Village Engineer" means a registered professional engineer retained by the Village pursuant to Chapter 238 of the Administration Code.
(Ord. 1965-17. Passed 7-20-65.)
These Subdivision Regulations shall not apply to any lot or lots forming a part of a subdivision created and recorded prior to the effective date of such Regulations (Ordinance 1965-17, passed July 20, 1965), except in case of a resubdivision. These Subdivision Regulations shall not repeal, abrogate, annul or in any way impair or interfere with:
(a) Existing provisions of other laws or ordinances, except those specifically repealed or amended by Ordinance 1965-17, passed July 20, 1965;
(b) Private restrictions placed upon property by deed, covenant or private agreement; or
(c) Restrictive covenants running with the land to which the Village is a party.
Where these Subdivision Regulations impose a greater restriction upon land than is imposed or required by such existing provisions of law, ordinance, contract or deed, the provisions of these Subdivision Regulations shall prevail. These Subdivision Regulations apply to the division of any parcel of land by an instrument of conveyance.
(Ord. 1965-17. Passed 7-20-65.)
(a) Notwithstanding the provisions of these Subdivision Regulations, the following may be submitted to the Commission for approval without plat:
(1) A proposed division of a parcel of land along an existing public street, not involving the opening, widening or extension of any street and involving no more than five lots after the original parcel has been completely subdivided; or
(2) The proposed sale or exchange of parcels between adjacent lot owners, where the sale or exchange does not create additional building sites or reduce any lot to a size less than is required by the Zoning Code,
(b) In such cases, the owners shall submit to the Commission:
(1) A written request for approval without plat;
(2) A reproducible drawing or tracing of the proposed subdivision, drawn accurately to a scale of 100 feet, or less, to the inch; and
(3) Such other pertinent information as the Commission may require.
(c) If the Commission is satisfied that such proposed subdivision is not contrary to these Subdivision Regulations and the Zoning Code it may approve such subdivision without plat. After such approval, on presentation of an instrument of conveyance of such parcel, the Secretary shall mark the same "Approved by the Planning Commission of the Village of Walton Hills: No Plat Required", and shall sign and date such notation.
(Ord. 1965-17. Passed 7-20-65.)
No person, being the owner or agent of the owner of any land within the Village, shall transfer any lot, parcel or tract of such land from or in accordance with a plat of a subdivision before such plat has been recorded in the office of the County Recorder.
(Ord. 1965-17. Passed 7-20-65.)
The Inspector of Buildings shall not issue a building permit for any structure on a lot in a subdivision for which a plat has not been approved and recorded in the manner prescribed herein, or on a lot in a subdivision which the Commission may approve without a plat, before the Commission has so approved the subdivision. Any such permit issued in violation hereof shall be null and void.
(Ord. 1965-17. Passed 7-20-65.)
If any provision, section, clause, sentence or part thereof, of these Subdivision Regulations should be held to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sections, clauses or sentences, or parts thereof.
(Ord. 1965-17. Passed 7-20-65.)
(a) Whoever violates any of the provisions of these Subdivision Regulations, for which no penalty is otherwise provided, shall be fined not more than five hundred dollars ($500.00). A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(b) Whoever violates Section 1240.05 shall be fined not less than ten dollars ($10.00) nor more than five hundred dollars ($500.00) for each lot, parcel or tract of land so transferred. The description of such lot, parcel or tract by metes and bounds in the deed or transfer shall not serve to exempt the seller from the penalty provided in this subsection. Such sum may be recovered in a civil action, brought in any court of competent jurisdiction by legal counsel for the Village in the name of the Village, and for the use of the Street Repair Fund thereof.
(Ord. 1965-17. Passed 7-20-65.)