(a) Approval Required. Prior to a subdivision of land or before a zoning certificate or building permit for development of a lot is issued, the deed or plat shall be approved and recorded in accordance with these Regulations.
(b) Major and Minor Subdivision. If the staff determines the proposed subdivision:
(1) Adjoins an existing public street and does not involve opening, widening, extension or improvement of any roadway or installation of any public utility,
(2) Creates no more than five lots.
(3) Does not adversely impact surrounding tracts, and
(4) Complies with zoning and other applicable regulations, it shall be classified as a minor subdivision (lot split) and may be accompanied by recording an approved deed, including a legal description and survey drawing or by recording an approved final plat. Other subdivisions shall be classified as major subdivisions, accomplished by recording an approved subdivision final plat.
(c) Optional Sketch Plan Discussion. Prior to preparing a survey and a deed or preliminary plat for submittal, the subdivider may meet with the staff for an informal discussion of procedures and requirements. An informal sketch plan may be provided for comment.
(d) Minor Subdivision Procedure (Lot Split).
(1) Information required. Only such information needed by the staff to determine compliance of the proposed lot split with applicable regulations need be submitted in support of a requested minor subdivision approval.
(2) Approval. Within a reasonable time of the submittal of an acceptable survey drawing, legal description, deed and fee, the staff shall approve a proposal if it complies with applicable regulations. The staff approves the deed by stamping it AAPPROVED WESTERVILLE PLANNING COMMISSION: NO PLAT REQUIRED@, including date and authorized staff signature.
(3) Recording. The subdivider shall record the deed within one year of staff approval, otherwise such approval shall expire and become void.
(e) Major Subdivision Procedure (Preliminary Plat).
(1) Submittal. The preliminary plat submittal shall be prepared in accordance with these Regulations and shall include a completed application form, a number of copies of the preliminary plat submittal defined by the staff and required fees.
(2) Schedule or reject. The staff shall review submitted materials for completeness and shall:
A. Within a reasonable time, place the preliminary plat submittal on the agenda of the Commission; or
B. Reject the application and return the fee to the subdivider which an itemization of deficiencies. The application shall be considered filed as of the date of the meeting in which it is presented by the staff to the Commission.
(3) Commission action. The preliminary plat submittal shall be considered and acted on by the Commission. A preliminary plat shall not be approved unless the Planning Commission finds that:
A. All the provisions of the applicable Zoning Code, these Regulations and other codes of the City are complied with;
B. The subdivision can be adequately served with public facilities and services suitable in the circumstances; and
C. All land intended for building sites can be used safely and without endangering the health and safety of the residents by peril from floods, erosion, continuously high water table, poor soil conditions or other menace. If disapproved, the Commission shall state the reason for disapproval. Approval or conditional approval shall not constitute final plat approval, nor shall it grant the subdivider the right to construct improvements, but shall be an endorsement of the layout and intent of the proposal, and shall govern the preparation of the final plat.
(4) Preliminary plat expiration. All final plats for lands within an approved preliminary plat shall be approved by the Commission within five years of Commission approval of the preliminary plat, otherwise unplatted portions (that is, the phases for which final plat approval has not been obtained) of the preliminary plat shall expire and become void. The Commission may at any time, based on new information or changed conditions, reconsider a previously approved preliminary plat.
(5) Disapproved or expired. These Regulations shall not prevent a new preliminary plat application from being filed for land included in a previously disapproved or expired preliminary plat. Up-to-date submittal requirements, standards and fees shall apply to the new application.
(f) Major Subdivision Procedure (Final Plat).
(1) Final plat submittal. The submittal shall include a number of copies of the final plat defined by the staff, a completed application form and the application fee. The plat shall conform to these Regulations and to the approved preliminary plat, excepting minor engineering changes not in conflict with standards and procedures of these Regulations approved by the City Engineer and Service Director.
(2) Schedule or reject. The staff shall review the submittal for completeness and compliance with the preliminary plat or appropriateness of modifications and these Regulations and shall:
A. Within a reasonable time, place the final plat on the agenda of the Commission; or
B. Reject the submittal and return the application fee to the subdivider with an itemization of deficiencies.
(3) Phased platting. The final plat may cover a portion of the approved preliminary plat only if the phases have been identified and approved by the Commission.
(4) Notification to ODOT Director (ORC 5511.01)). For any subdivision plat within 300 feet of the centerline of a proposed state highway or a state highway for which changes are proposed, or any land within a radius of 500 feet from the point of intersection of such centerline with any public road, the staff shall notify the ODOT Director by registered or certified mail. The plat shall not be approved for 120 days from the date the notice is received by the Director. If the Director indicates he will acquire land within the proposed plat, the Commission shall disapprove a plat containing such land. If the Director indicates acquisition is not in the public interest, or upon expiration of the 120 day period, the Commission may approve the final plat.
(5) Commission action on final plat. The final plat shall be considered and acted on by the Commission. If disapproved, the reason shall be stated in the record of the Commission.
(6) Acceptance of public land. Approval of the final plat by the Commission shall be deemed to constitute acceptance by the City of any dedicated public rights-of-way, public easements or other dedicated public open space shown on such final plat.
(7) Recording or recall. The subdivider shall record the final plat within one year of Commission approval and provide the City with a copy of the recorded plat with all signatures on Mylar or other material acceptable to the City staff, otherwise no final plat shall be recorded without consent of the Commission which consent may require reconsideration or compliance with revised standards of these or other Regulations.
(g) Variances and Hardships.
(1) Where the Commission finds that the land involved in a subdivision is of such size or shape, or is subject to topographical or other conditions which make it impossible or impracticable for the subdivider to conform fully to such regulations, the Commission may accept such modifications as may be reasonable and within the general intent and purpose of these Regulations. Such modifications shall be granted only if substantial hardship or injustice would be experienced by strict compliance to the provisions of this chapter.
(2) The requirements of these Regulations may be modified and varied whenever a plat is submitted for a complete community or neighborhood which will insure that adequate public spaces, circulations, recreation, light and air will be provided and the needs of the entire community or neighborhood when fully developed, will be met.
(3) In granting variances to these Regulations, the Commission may attach such reasonable conditions as will further secure the objectives of the general Regulations.
(4) Decisions of Planning Commission approving or disapproving variances in connection with subdivision approval are appealable to City Council in accordance with the provisions of Section 1107.06(d).
(h) Improvement Plans Approval Procedure.
(1) Submittal, review and approval. Prior to submission of a final plat to the Commission, the subdivider shall submit the staff defined number of sets of proposed improvement plans to the City for review. All street, storm grading, erosion and sedimentation control, waterline, street lighting, sanitary sewer and other required improvement plans shall be approved by the City Engineer, Service Director and City Manager prior to the signature of the plat. Required improvements shall be completed within one year of Commission approval of the plat. A subdivider’s agreement shall be executed as part of the improvement plan approval process.
(2) Review and inspection funds. Prior to approval of improvement plans, the subdivider shall deposit with the City an amount estimated by the City Engineer to cover costs of plan review, reconstruction inspection and other fees required by these Regulations.
(3) Inspection procedure. The subdivider shall notify the Service Director at least two working days prior to inspection dates for various stages of construction requiring inspection. Failure to reject any defective work or material shall not prevent later rejection should such defects be discovered, nor obligate the City to final acceptance. The subdivider shall notify the Service Director when all required improvements have been completed. Within two weeks, the Service Director shall conduct a final inspection of improvements and if satisfactory, shall issue a letter of compliance accepting the improvements. City signatures shall not be placed on the final plat and building permits shall not be granted until all improvements have been completed and accepted by the department of Public Service.
(4) As-built drawings. Improvements shall be installed as shown in the plans. “As-built” drawings shall be provided by the subdivider if improvement plan details are changed. “As-built” drawings include locations, dimensions and specifications which differ from originally approved plans.
(i) Improvements Construction Procedure.
(1) Methods for the installation of improvements. After approval of the improvement plans and Commission final plat approval, but prior to City plat signatures, the subdivider shall:
A. Post adequate performance surety. The subdivider shall provide a performance surety acceptable to the City Attorney equal to 100% of the estimated cost of street, drainage, waterline, sanitary sewer and other required improvements, and
B. Complete the improvements. The subdivider shall complete all improvements and receive a letter of compliance of all required improvements and provide for their maintenance and/or dedication.
(2) Use and release of performance surety. If the subdivider fails to complete required improvements in accordance with the subdivider’s agreement, the City may use the performance surety to do so. If the subdivider shows satisfactory progress, a portion of the performance surety may be released at intervals and in amounts deemed appropriate by the Service Director and City Engineer.
(3) Maintenance of improvements. The subdivider shall maintain improvements in the subdivision until final inspection approvals are granted and streets are accepted. As a condition of final inspection approval, the City shall require a warranty and maintenance surety (up to three percent (3%) of the improvement costs) which shall remain in force for one year after final inspection approvals are granted. If during that year any improvements in the subdivision should fail to perform in the designed manner or fail to retain an acceptable condition, the City may use or allocate the maintenance surety to correct these deficiencies. At the end of the one-year period, any unused or unallocated portion of the maintenance surety shall be released.
(j) Resubdivision, Vacation or Plat Amendment Procedures.
(1) General. Procedures and requirements for approval of a plat amendment, the vacation of all or a portion of a plat, or the resubdivision of a platted lot or reserve shall be the same as that which is required in this section for the approval of the subdivision, or as may otherwise be allowed by the Commission, in keeping with the spirit and intent of these Regulations.
(2) Additional signatures. The resubdivision or amended plat shall be signed by those current property owners of lots and reserves in the original plat who may potentially be injuriously affected by the resubdivision, vacation or amendment, as determined by the Commission.
(Ord. 01-81. Passed 1-15-02.)