(a) Authority. The City of Westerville, hereinafter known as the City, derives subdivision authority by virtue of the City’s municipal charter and applicable sections of the Ohio Revised Code.
(b) Title. The name of this document is “Subdivision and Development Regulations of the City of Westerville, Ohio”, referred to herein as “Regulation”. A copy of the Regulations may be obtained from the Planning Department. Any person requesting copies shall pay a fee in accordance with the fee schedule adopted and approved by City Council to defray the cost of reproduction of the Regulations.
(c) Purpose. These Regulations are adopted to:
(1) Secure and provide for the public health, safety, comfort and general welfare.
(2) Provide for growth and development in accordance with adopted plans, zoning regulations, policies and resolutions;
(3) Provide safety from fire, flood and other danger;
(4) Provide for efficient, adequate and economic drainage, storm water management, water and sanitary services, schools, open space and other public requirements and facilities; and
(5) Provide for safe and convenient traffic circulation through the proper arrangement of streets or other highways in relation to existing or planned streets or highways.
(d) Jurisdiction. These Regulations govern the subdivision and development of land within the City regardless of land use and may be applied to the subdivision and development of land within three miles of the corporate limits of the City consistent with the authority conveyed to municipalities in the Ohio Revised Code. No person shall subdivide or lay out into lots any land within the City or three miles of the corporate limits of the City unless it is by a plat complying with the regulations herein contained, and no plat shall be recorded and no lot or land shall be sold from any such plat until such plat has been approved or herein required.
(e) Administration and Enforcement. The Planning Commission is hereby designated as the platting authority of and for the City. The Commission is charged with making investigations and reports on the design and improvement of proposed subdivisions, and is hereby authorized to approve, conditionally approve or disapprove proposed subdivisions.
(f) Validity and Separability. If any section, sentence, clause or phrase of these Regulations is found to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of remaining portions and provisions.
(g) Scope. These Regulations shall not be construed as abating any action now pending under the prior existing Subdivision Regulations, nor are they intended to abrogate, annul, impair or interfere with provisions of other applicable laws or regulations, or with deed restrictions. Where these Regulations impose a greater restriction than required by other law, ordinance, contract or deed, these Regulations shall control.
(h) Compatibility. Subdivisions shall conform with applicable federal, state, City or other regulation, policy, procedure and practice involving subdivision, health, floodplain, storm water management, zoning or other applicable issue as interpreted by the City.
(i) Violation and Penalty. Any person, firm or corporation which violates any provision of these Regulations shall be fined an amount not exceeding $500.00 or be imprisoned for a period not exceeding ten days, or both. Each day of each violation shall constitute a separate offense.
(j) Amendments. The provisions of Chapter 1201 may be amended in accordance with the procedures set forth in Chapter 1109 of the Zoning Ordinance.
(Ord. 95-36. Passed 6-20-95.)