(a) Purpose. The purpose of the minor subdivision process is to allow for small subdivisions of land, consolidation of lots, or transfer of a portion of a lot to an adjacent lot where there will not be the creation of a new street, dedication of right-of-way (unless specifically allowed herein), or a need for any public improvements.
(b) Applicability.
(1) For the purposes of these regulations, a minor subdivision is a lot split, lot consolidation, or transfer of land between adjacent property owners that complies with all of the following requirements:
A. The proposed subdivision is located along an existing public street and involves no opening of any new street or the widening or extension of an existing street or the installation of any other public improvements;
B. The subdivision shall not result in or create more than five lots after the original parcels have been completely subdivided;
C. The subdivision shall be in compliance with all applicable site development standards in this code or with any approved variance from such standards;
D. The subdivision shall not require the installation or modification of any public improvements;
E. The subdivision shall not require the dedication of rights-of-way except in cases where all other applicability requirements of this section are met and:
i. The lots were not originally platted within the City of Wooster but includes a right-of-way easement; or
ii. When a minor right-of-way dedication is required by the City Engineer but there are no related public improvements.
F. The property has been surveyed and a survey sheet or record plan, in the form provided for in this code, and a full legal description of the changes resulting from the split, are submitted with the application; and
G. No landlocking of parcels shall occur as a result of the minor subdivision.
(2) A minor subdivision also includes the recombination of land, consolidation of lots, transfer of property from one lot to an adjacent lot, and for the dedication of additional land for the widening of existing streets, where no new lots are created.
(3) The use of panhandle (flag) lots in any application shall require approval by the Planning Commission through a major subdivision review.
(c) Sale of Land in Subdivisions, Start of Construction, and Permitting.
(1) No owner, or authorized agent, of any land located within a subdivision shall transfer, sell, agree to sell or negotiate to sell any land by reference to, by exhibition of, or by the use of, a plan or plat of a subdivision, nor proceed with any construction work before such plan or plat has been approved and recorded in the manner prescribed in these regulations.
(2) Any sale or transfer contrary to the provisions of this section is void. The description of such lot or parcel by metes and bounds in the instrument of transfer or other documents used in the process of selling or transferring shall not exempt the transaction from the provisions of these regulations.
(3) The Zoning Administrator shall not issue zoning certificates for any structure or activity on a lot in a subdivision for which a plat has not been approved and recorded in the manner prescribed in these regulations.
(4) No owner or agent of the owner of any land shall be entitled to a permit for the installation of wells and septic tanks upon any lots in a subdivision for which a plat has not been approved, certified, and recorded in the manner prescribed in Chapter in this section.
(d) Minor Subdivision Review Procedure. The review procedure for a minor subdivision shall be as established in this section.
(1) Step 1 - Application.
A. The applicant shall submit an application in accordance with Section 1105.02, and with the provisions of this section.
B. If the minor subdivision involves the transfer of land area from one lot to an adjacent lot, both property owners shall be required to authorize the application and deeds or other instruments of conveyance shall be submitted for both lots.
(2) Step 2 - Review and Comment by Applicable Agencies.
A. Upon determination that the application for a minor subdivision is complete, the Zoning Administrator may transmit copies of the application for review by applicable agencies including, but not limited to, the City Engineer and any other agencies having authority over streets, water, sewer, gas, or other utilities and other public improvements.
B. Such agencies may supply comments, recommendations, and approvals as applicable, to the Zoning Administrator for consideration prior to the Zoning Administrator's decision (Step 3).
(3) Step 3 - Review and Decision by the Zoning Administrator.
A. Within 30 days of the determination that the application (Step 1) is complete, the Zoning Administrator shall review the application and approve, approve with modifications that will bring the application into compliance with codes, or deny the application for a minor subdivision based on the review criteria established below. An extension on the decision may be granted with approval from the applicant.
B. In reviewing the minor subdivision, the Zoning Administrator, on recommendation of the City Engineer, may require the addition of easements and/or setbacks as part of a transfer of land area between two lots.
C. If the application is approved with modifications, the applicant shall be required to revise all documents prior to final signing and recording.
D. If the Zoning Administrator denies an application for a minor subdivision, the Zoning Administrator shall provide the applicant with written finding for the denial.
(e) Review Criteria. In order to approve a minor subdivision, the Zoning Administrator shall determine the following:
(1) That the minor subdivision complies with all applicable provisions of this code;
(2) That the minor subdivision complies with all other applicable regulations and plans of the City; and
(3) That the City Engineer and any other applicable review agencies have no objections that cannot be resolved by the applicant.
(f) Recording.
(1) When the application is approved, the Zoning Administrator and City Engineer shall sign and date the plat.
(2) The subdivider shall then be responsible for submitting the signed conveyance with the Wayne County Auditor for the transfer of property and to the Wayne County Recorder for the recording of the lots as legal lots of record and providing a copy of said minor subdivision/plat to the Zoning Administrator after recording.
(3) In the case of a transfer of land between two adjacent lots, the recording of the revised lots shall take place simultaneously.
(g) Administrative Waivers and Variances. If a deviation from the minimum site development standards (e.g., lot area, lot width, etc.) is required, the applicant will be required to receive all variance and/or administrative waiver approvals (See Section 1105.11 or Section 1105.12(f).) prior to approval of the minor subdivision.
(h) Time Limit. If the subdivider does not record the minor subdivision within 90 days of signed approval, the minor subdivision approval will be void. After a minor subdivision approval is voided, any new subdivision will require a new application and related fees in accordance with this code.
(i) Appeals. Any person or entity claiming to be injured or aggrieved by any final action of the Zoning Administrator shall have the right to appeal the decision to the BZA as established in Section 1105.13.
(Ord. 2018-009. Passed 5-7-18; Ord. 2019-17. Passed 10-7-19.)