Procedures are herein established and intended to define the steps by which an applicant may design, make an application, record plats and construct improvements in the development of land, and by which the Planning and Zoning Commission may review, make recommendations for and approve the plans and otherwise administer these regulations.
(a) Sketch plat. For subdivisions where public utilities are not accessible at the site or where rezoning is also involved in the project, the developer may submit, as an exploratory step, a sketch plat and a program for improvements without all of the maps, data and plans as set forth in subsection (b) hereof to permit an opportunity for the Planning and Zoning Commission to conduct a work session to review and render comments before the plan is advanced. This process will take place before proceeding with the preparation of the preliminary plan. However, no action shall be taken at such a meeting and no discussions, opinions, suggestions, or recommendations of the Planning and Zoning Commission shall be relied upon by the applicant to indicate subsequent approval or disapproval by the Planning and Zoning Commission.
(b) Preliminary plat. The purpose of the preliminary plat shall be to explore the best design for the subdivision, the best relationship to adjoining subdivisions or undeveloped land, to outline a program of improvements and to obtain the advice, suggestions and recommendations of the Planning and Zoning Commission, the City Engineer and departments of the City before the subdivision becomes fixed as in a detailed drawing.
(1) Compliance with zoning standards and planning and design principles. The proposed subdivision shall be planned in accordance with the zoning standards set forth in Titles One, Three, Seven, and Eleven as well as the planning and design principles set forth in Title Five of these regulations.
(2) Application and submission requirements. The developer shall furnish a written application, the preliminary plat, and accompanying maps and data complying with the requirements set forth below, indicating the existing conditions of the site, all of which shall be submitted to the Zoning Administrator for each proposed major subdivision.
A. Plat Preparation. The subdivision shall be designed and drawn by a registered architect, engineer, land surveyor, landscape architect or professional planner. The preliminary plat shall be accurately drawn at a scale of not less than 100 feet to one inch, and shall include a graphic scale, north arrow, date and title. It may be drawn in pencil on transparent paper.
B. Preliminary Plat. The drawing shall include the following:
1. The layout, right-of-way and pavement widths, approximate grades and names of proposed streets and abutting existing streets, including the location of pavements and sidewalks;
2. The location, width and purpose of all other public right-of- ways and easements;
3. The approximate dimensions and number of lots; and each lot's proposed use.
4. Sites to be reserved or dedicated for parks, playgrounds or other public uses;
5. Existing structures on the parcel and on adjoining property within fifty (50) feet and proposed building setback lines.
6. The bearings and distances of the parcel to be subdivided; and
7. Contours at two-foot intervals based on the county datum plane and showing the approximate direction and gradient of the ground slope on immediately adjacent land; the subsurface condition of the tract if not typical; wetlands and the watercourses, marshes, wooded areas, isolated preservable trees and other significant features. This map may be compiled by photogrammetric methods.
C. Location map of the City or part thereof, showing thereon the location of the proposed subdivision and the relationship to adjacent development and all community facilities which serve or influence it.
D. Utility map showing utilities on and adjacent to the tract, including the water and gas mains and the location of fire hydrants and electric power and telephone poles.
E. Titles and certificates indicating present parcel designations according to official records, the name of the developer, the name and address of the owners, certification of a registered surveyor, the scale and the date of the survey.
F. Protective Covenants. An outline of the protective covenants proposed to regulate and protect the development.
G. Other Preliminary Drawings. The Planning and Zoning Commission may require additional preliminary drawings showing information such as street profiles and grades, a typical cross section of the proposed roadway, proposed sanitary and storm sewers and water service, or the prospective street system of adjacent land owned by the developer.
H. Ownership Certificate. The Commission may require a certificate as to ownership and that the proposed subdivision is satisfactory to the owner.
(3) Notification of Planning and Zoning Commission Meeting. The Planning and Zoning Commission shall notify by letter the owners, as shown upon the current records of the County Recorder, of adjoining land at least ten days before the meeting at which the proposed subdivision is to be considered.
(4) Review by Others. For all subdivisions which are of such scope or at such locations as to affect the design of an integrated neighborhood street pattern, extensions to adjoining unsubdivided land, public sites, unusual topographic or other conditions, the Zoning Administrator may transmit the preliminary plat to the City Engineer, appropriate administrative departments and professional consultants for review and comment. Any department reports, comments, or expert opinions shall be compiled by the Zoning Administrator and transmitted to the Planning and Zoning Commission prior to the time of the Planning and Zoning Commission's review. The Planning and Zoning Commission shall review any analysis requested or otherwise determine if the preliminary plat embraces all the applicable planning principles and other provisions of these regulations as well as other codes of the City.
(5) Planning and Zoning Commission Action. The Planning and Zoning Commission shall act upon the preliminary plat, and upon approval, submit a recommendation to Council to accept the preliminary plat.
(6) Council Action. Upon notification by the Planning and Zoning Commission of the Planning and Zoning Commission's approval of the preliminary plat, the Council shall legislatively accept or reject such preliminary plat by resolution. Council's acceptance shall be indicated by the signature of the Clerk of Council, the resolution number and date of passage.
(7) Effect of Approval. The approval of the preliminary plat shall assure the developer for a one-year period from the date of approval:
A. That the general layout of streets, lots and other features are approved and that the preliminary plat shall be the basis for the preparation of the final plat;
B. That the general terms and any special conditions under which the approval of the preliminary plat was granted shall not be changed; and
C. That the developer may submit drawings and specifications for improvements and a final plat for the whole or part of the subdivision for final approval.
(c) Final plat. Following the approval of the preliminary plat, the owner, subdivider or agent shall prepare for record purposes, and for dedication of public streets and other public places, a final plat of the proposed subdivision.
(1) Application and Submission Requirements. An application for approval of a final plat shall be submitted in writing to the Zoning Administrator. The application shall include the original mylar of the final plat, the original mylar of the drawings for the required improvements, three black-on-white prints of each mylar, three sets of specifications and other maps, data and certificates as set forth in the following:
A. Final Plat. The final plat shall be designed and drawn by an engineer or land surveyor in ink on mylar sheets at a size complying with the County standards, at a scale not less than fifty feet to one inch. An electronic copy in AutoCad format shall also be filed with the City Engineer. If necessary, the final plat shall consist of several sheets including an index and references to adjoining sheets. Each sheet shall include the title, scale, north arrow and date. The final plat shall show the following:
1. Primary control points to which all dimensions, angles and bearings are to be referred and the nearest street or section line or other established point. All primary control points shall be referenced to the State plane coordinating system.
2. Tract boundary lines, right-of-way lines of streets, easements (and purpose for easements) and other rights-of-way, corporation lines and property lines with accurate dimensions, and radii, arcs, chords and tangents of all curves, nearest one hundredth of a foot; bearings or deflection angles, nearest second. Natural and artificial watercourses, streams and shorelines.
3. The name and width of each street within the proposed subdivision and those adjoining; required building setback line.
4. The number or letter, in progressive order, for each lot and block conforming with the County Recorder's procedures.
5. The boundaries of and proposed use for any non-single-family parcel; areas to be dedicated or reserved for public use.
6. The location and description of those monuments found, set or to be set.
7. The names of recorded owners of adjoining unplatted land.
8. Reference to subdivision plats of adjoining platted land by name, volume and page of the County Recorder's maps.
9. Certification by the owner of acceptance of the plat and statement offering the dedication of streets, rights-of-way and any sites for public use or reserved by deed covenants for common use of all property owners.
10. Certification by a registered surveyor or engineer as to preparation and details of the survey and plat. Certification shall be evidenced by an original signature and seal, ink or embossed stamp.
11. Reference to or inclusion on the plat of protective covenants.
12. The title of the subdivision, municipality, county, state, original township section, tract or lot.
13. Approval statement for the Planning and Zoning Commission and City officials and/or County officials as may be required.
B. Drawings and Specifications. Drawings and specifications showing cross-sections, profiles, elevations, construction details and specifications for all required improvements. The drawings and specifications shall be in accordance with the requirements of Chapter 1125.
C. Certification by City Engineer. Certification by the City Engineer stating that the developer has posted financial guarantees in sufficient amount to ensure completion and maintenance of all required improvements, if applicable.
D. Protective Covenants. Protective covenants in final form, to be recorded separately.
E. Statement of Ownership. A statement that the developer owns the property, and that there are no unpaid taxes or special assessments against the tract.
F. Other Data. Other data, certificates or affidavits, as may be required by the Planning and Zoning Commission in the enforcement of these regulations.
(2) Review by City Engineer. The Zoning Administrator shall transmit two prints of each drawing and the specifications to the City Engineer who shall determine whether or not:
A. The final plat conforms to the approved preliminary plats and any special conditions or modification stipulated; he shall also determine the correctness of mathematical data and computations; and
B. The designs and details of the required improvements as shown on the drawings and specifications are in conformity with any master plans for utilities and streets, and the grading and construction standards in effect in the City. One copy of each shall be returned to the Planning and Zoning Commission indicating his determinations.
(3) Review by Law Director. The Law Director shall review the financial guarantees required for the installation and maintenance of the improvements as well as the protective covenants to insure future maintenance of any common facilities.
(4) Staged Development. The developer may apply for final plat approval of only that section of an approved preliminary plat of a subdivision which he proposes to develop and/or record as the first stage. However, the preliminary approval of any section shall become null and void if an application for final plat approval is not submitted within one year after approval of the preliminary plat, unless an extension of time is granted by the Planning and Zoning Commission. In the event the developer needs to install improvements required for development phases beyond the phase for which final plat approval is requested, the Planning and Zoning Commission may conditionally approve the final plat for a particular phase and permit the installation of the required improvements before approval of the final plat for subsequent phases is granted.
(5) Action by the Planning and Zoning Commission. If the City Engineer determines that the final plat, drawings and specifications are satisfactory in regard to the aforesaid provisions and if the subdivision complies with all other applicable provisions of these regulations, the Planning and Zoning Commission shall approve it. Action shall be taken within forty-five days after the meeting at which the application for approval and all required plats, maps and data were submitted to the Planning and Zoning Commission or within a mutually agreed upon extension; otherwise the final plat shall be deemed to have been approved. In the event of disapproval of a final plat by the Planning and Zoning Commission, the reason(s) for disapproval shall be stated in the records of the Planning and Zoning Commission.
(6) Form of Approval. The approval of the final plat shall be indicated by a certification to that effect on the original mylar of the plat with the signature of the Chairman of the Planning and Zoning Commission, the Zoning Administrator and the City Engineer. The Planning and Zoning Commission shall obtain three duplicates thereof at the developer's expense.
(7) The approval of the drawings and specifications for the required improvements shall be indicated by a certification to that effect on the original drawings and specifications with the signature of the City Engineer. Approval of the financial guarantees, if applicable, shall be indicated by certification to that effect on the original drawings and specifications with the signature of the Law Director.
(8) Plat Recordation when Financial Guarantee Provided. Once the final plat has been approved by the Planning and Zoning Commission, the drawings and specifications for improvements are approved by the City Engineer and construction guaranteed, the final plat may be recorded, construction of improvements started, building permits issued and lots sold, leased or transferred. The costs incurred in recording the plat shall be the obligation of the developer. If the final plat is revised in any manner after Planning and Zoning Commission approval, such approval shall be null and void.
(9) Plat Recordation when Financial Guarantee is not Provided. Once the final plat has been approved by the Planning and Zoning Commission, the subdivider may construct the physical improvements, including public streets, shown on the approved drawings and specifications and/or final plat in lieu of providing a financial guarantee. However, the subdivider shall not record the final plat until the City Engineer inspects and approves those physical improvements as well as the “as built” drawings of same. The costs incurred in recording the plat shall be the obligation of the developer. If the final plat is revised in any manner after Planning and Zoning Commission approval, such approval shall be null and void. After the final plat has been recorded, building permits may be issued and lots sold, leased or transferred.
(10) Occupancy Permits. Occupancy permits for a building shall not be issued until streets and utilities are accepted by the City for public use. However, a temporary occupancy certificate may be issued upon condition that the developer assumes all responsibility for maintenance of streets and utilities until officially accepted by the City.
(d) Dedication for Public Use. If the final plat indicates land for public use, the plat shall be submitted to Council for acceptance of the dedication of any public land or public improvement and acceptance of any easement before it is recorded. After construction of the public improvements and the City Engineer's review of the "as built" drawings of same, the City may accept any offer of dedication of any land area, street or utility for public use and maintenance. The acceptance shall be by separate action of Council.
(e) Resubdividing or Vacation. An application for resubdividing, replatting or vacation of a subdivision shall be made by the owner or owners thereof to the Planning and Zoning Commission in the same form as for an original subdivision along with all required maps and other information. The original lots shall be shown by dotted lines and lot numbers and other references made to previously recorded subdivisions. If approved by the Planning and Zoning Commission, those types of replatting and vacation actions as required by the provisions of Ohio R.C. 711.17 to 711.31, inclusive, shall be submitted to the Clerk of the Court of Common Pleas. (Ord. 2006-35. Passed 5-25-06.)
1125.01 Intent.
1125.02 Scheduling of improvements.
1125.03 Review by Engineer.
1125.04 Improvements required.
1125.05 Construction supervision.
1125.06 Performance guarantee.
1125.07 Street and public utility maintenance.
1125.08 Insurance.
1125.09 Failure to complete improvements.
1125.10 Building construction and occupancy.
1125.11 Transfer of land before recording.