(a) Purpose. The purpose of the major subdivision process is to provide a method of review for any subdivision that exceeds the scope of a minor subdivision and which includes multiple lots, the creation or expansion of new streets, and/or the installation of public improvements.
(b) Applicability.
(1) Any subdivision of land or replat of an existing subdivision that does not meet the applicability requirements of a minor subdivision in Section 1105.05(b) shall be subject to the requirements of this section and require the submission and approval of a concept plan, preliminary subdivision plat, and a final subdivision plat.
(2) The requirement to submit a concept plan or preliminary subdivision may be waived by the Zoning Administrator after a pre-application meeting with the applicant if the Zoning Administrator finds that the subdivision is of a size and scope that does not warrant concept plan or preliminary subdivision review.
(3) Whenever a single parcel is proposed for development and the installation of public improvements is required, such development shall require the approval of a final subdivision plat.
(4) Planned Developments. In order to provide efficient review of planned developments, it is the intent of this section that subdivision review be carried out simultaneously with the review of development plans for planned developments, as noted below:
A. Preliminary development plan approval and preliminary subdivision plat approval may proceed simultaneously.
B. Final development plan approval and final subdivision plat approval shall proceed simultaneously, unless a final subdivision plat is not required for completion of the project.
(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) Major Subdivision Review Procedure. The review procedure for a major subdivision shall be as established in this section. A pre-application meeting (See Section 1105.02(e)) is encouraged, but not mandatory, prior to submission of the application for any of the required plans.
(1) Step 1 - Application and Filling of the Concept Plan. The concept plan is intended to outline the basic scope, character, and nature of a proposed project, enable the applicant to discuss the location of proposed streets, parkways, parks, playgrounds, school sites, and planned developments, and to familiarize the applicant with the comprehensive plan, other adopted plans applicable to the site, the requirements of this code, and the drainage, sewerage and water systems for the City. The review is to provide input in the formative stages of design.
A. The applicant shall submit an application in accordance with Section 1105.02, and with the provisions of this section.
B. Upon determination by the Zoning Administrator that the application is complete, the concept plan shall be accepted as being officially filed.
(2) Step 2 - Staff Review and Transmission to the Planning Commission.
A. Upon determination that the application for a concept plan 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. During the course of its review, the staff may meet with the applicant to review its evaluation, and the applicant may revise the concept plan in response to staff's comments.
C. Any comments or expert opinions shall be returned to the Zoning Administrator.
D. Within 30 days of the application being determined to be complete, or an extended time period agreed upon by the applicant, the Zoning Administrator shall distribute the application and any reports prepared as part of Subsection 1105.06(d)(2)A, above, to the Planning Commission.
(3) Step 3 - Review and Decision on the Concept Plan by the Planning Commission.
A. Within 60 days after the application is determined to be complete, the Planning Commission shall review the concept plan application.
B. In making its decision, the Planning Commission shall approve, approve with modifications, or deny the concept plan. The Planning Commission may also continue the meeting if questions regarding the concept plan are not satisfactorily addressed by the applicant.
C. If the Planning Commission fails to act within 60 days from the date of the initial meeting regarding the concept plan application, or an extended period as may be agreed upon by the Planning Commission and applicant, then the application shall be considered denied.
D. If the Planning Commission finds that the land proposed to be subdivided is unsuitable for subdivision development due to flooding, poor or inadequate drainage, topography, inadequate water or sanitary sewer service, traffic circulation systems, or other such conditions that may endanger health, life or property; and, if from investigations conducted by the public agencies concerned, it is determined that in the best interest of the public, the land should not be developed for the proposed purpose, the Planning Commission shall deny the approval of the concept plan unless adequate methods are advanced by the applicant for solving the problems that will be created by the development of the land.
E. If the Planning Commission denies the concept plan, the applicant shall not move forward in the review process until a concept plan is approved by the Planning Commission.
F. In the event the Planning Commission denies the concept plan or approves with modifications, the Zoning Administrator, on behalf of the Planning Commission, shall provide the subdivider with a statement in writing setting forth the reasons for the deny or the conditions of approval. In the case of approval with modifications, the applicant shall be required to revise the concept plan to address the conditions of approval and submit them to the Zoning Administrator prior to submitting the preliminary subdivision plat application.
G. Approval of the concept plan by the Planning Commission does not constitute approval of the subdivision, but is merely an authorization to proceed with the preparation of the preliminary subdivision plat.
H. The applicant shall be required to submit a complete preliminary subdivision plat application within 12 months after the date of approval of the concept plan, otherwise the concept plan approval shall be considered void unless an extension is requested by the developer and granted by the Planning Commission in writing. If the concept plan is voided, any new request to subdivide the land shall require a new concept plan application in accordance with the provisions of this section.
(4) Step 4 - Application, Filing, and Staff Review of the Preliminary Subdivision Plat.
A. An application for a preliminary subdivision plat review shall be submitted in the same manner as the concept plan. See Section 1105.06(d)(1).
B. Preliminary subdivision plats are required to be prepared, signed, and sealed by an engineer or surveyor licensed in the State of Ohio.
C. The staff review and distribution of the application for a preliminary subdivision plat shall be accomplished in the same manner as established for a concept plan in Section 1105.06(d)(2).
D. Within 30 days of the application being determined to be complete, or an extended time period agreed upon by the applicant, the Zoning Administrator shall distribute the application and any reports prepared as part of Subsection 1105.06(d)(4)A, to the Planning Commission.
(5) Step 5 - Review and Decision on the Preliminary Subdivision Plat by the Planning Commission.
A. Within 60 days after the application is determined to be complete, the Planning Commission shall review the preliminary subdivision plat application.
B. In its review of an application, the Planning Commission may request additional information it deems necessary to adequately review and evaluate the proposed subdivision, and/or may request the applicant to revise elements of the application. When this occurs, the Planning Commission may table the application.
C. In making its decision, the Planning Commission shall approve, approve with modifications, or deny the preliminary subdivision plat and its supporting document. The Planning Commission may also continue the meeting if questions regarding the preliminary subdivision plat are not satisfactorily addressed by the applicant.
D. If the Planning Commission fails to act within 60 days from the date of the initial meeting regarding the preliminary plat application, or an extended period as may be agreed upon by the Planning Commission and applicant, then the application shall be considered denied.
E. The Planning Commission may require a reduction in the number of lots proposed in a subdivision when it is determined necessary in order for the preliminary subdivision plat to comply with the requirements of all applicable City codes.
F. If the Planning Commission denies the preliminary subdivision plat, the applicant shall not move forward in the review process until a preliminary subdivision plat is approved by the Planning Commission.
G. In the event the Planning Commission denies the preliminary subdivision plat or approves with modifications, the Zoning Administrator, on behalf of the Planning Commission, shall provide the subdivider with a statement in writing setting forth the reasons for the denial or the conditions of approval. In the case of approval with modifications, the applicant shall be required to revise the preliminary subdivision plat to address the conditions of approval and submit them to the Zoning Administrator prior to submitting the final subdivision plat application.
H. Approval of the preliminary subdivision plat by the Planning Commission does not constitute approval of the subdivision, but is merely an authorization to proceed with the preparation of the final subdivision plat.
I. One record of the approved preliminary subdivision plat shall be retained.
J. Approval of the preliminary subdivision plat is authorization for the subdivider to proceed with the preparation of detailed plans and specifications for the minimum improvements required in the subdivision regulations, and with the preparation of the final subdivision plat.
K. The applicant shall be required to submit a complete final subdivision plat application with 12 months after the date of approval of the preliminary subdivision plat, otherwise the preliminary subdivision plat approval shall be considered void unless an extension is requested by the developer and granted by the Planning Commission in writing. If the preliminary subdivision plat is voided, any new request to subdivide the land shall require a new preliminary subdivision plat application in accordance with the provisions of this section.
(6) Step 6 - Application, Filing, and Staff Review of the Final Subdivision Plat
A. An application for a final subdivision plat review shall be submitted in the same manner as the concept plan. See Section 1105.06(d)(1).
B. Final subdivision plats are required to be prepared, signed, and sealed by an engineer or surveyor licensed in the State of Ohio.
C. If a preliminary subdivision plat has been previously approved, the final subdivision plat shall have incorporated all changes in the preliminary subdivision plat approval.
D. The staff review and distribution of the application for a final subdivision plat shall be accomplished in the same manner as established for a concept plan in Section 1105.06(d)(2).
E. Within 30 days of the application being determined to be complete, or an extended time period agreed upon by the applicant, the Zoning Administrator shall distribute the application and any reports prepared as part of Subsection 1105.06(d)(6)A, to the Planning Commission.
F. Submission of Engineering Plans and Construction Drawings for Public Improvements
i. The applicant shall submit all detailed plans and specifications for all public improvements as required in Section 1105.02(c) shall be submitted to the City Engineer.
ii. Review of the engineering plans and construction drawings shall occur simultaneously with or prior to the review of the final subdivision plat.
iii. The City Engineer shall review the engineering plans and construction drawings as well as the final subdivision plat. If the City Engineer determines that the engineering plans and construction drawings comply with the City's construction and material specifications and that the final subdivision plat includes all of the necessary right-of-way and easement dedications, the City Engineer shall grant preliminary approval of the construction drawings.
iv. Other approvals from the Ohio Environmental Protection Agency or other regulatory agencies shall be obtained after the City Engineer's preliminary approval, when applicable.
(7) Step 7 - Review and Decision on the Final Subdivision Plat by the Planning Commission.
A. Within 60 days after the application is determined to be complete, the Planning Commission shall review the final subdivision plat application.
B. As part of the submission, a copy of the property owners or homeowners' association covenants and restrictions shall be submitted for review.
C. The Planning Commission shall approve, approve with conditions, or deny the final subdivision plat. The Planning Commission may also continue the meeting if questions regarding the plat are not satisfactorily addressed by the applicant.
D. The Planning Commission shall make a decision within 60 days of the filing of the final subdivision plat, engineering plans, and construction drawings unless the Planning Commission has continued the meeting or if the Planning Commission and subdivider agree to an extension of this time frame. If the Planning Commission fails to act within this timeframe, or an approved extension, then the application shall be considered denied.
E. If the Planning Commission denies the final subdivision plat, the applicant shall not move forward in the review process until a final subdivision plat is approved by the Planning Commission.
F. In the event the Planning Commission denies the final subdivision plat application the Planning Commission shall provide the subdivider with a statement in writing setting forth the reasons for the denial.
G. Approval of the final subdivision plat, engineering plans, and construction drawings by the Planning Commission shall not be an acceptance by the public of the offer of dedication of any street, or other public ways or open space on the final subdivision plat unless they are accepted by the City Council in the form of the adoption of an ordinance.
(8) Step 8 - Review and Decision on the Engineering Plans and Construction Drawings by the City Engineer.
A. Following approval of the final subdivision plat, the subdivider shall resubmit the engineering plans and construction drawings revised as necessary to coincide with the approved final subdivision plat.
B. The City Engineer shall review the engineering plans and constructions drawings and if found to be in total compliance with the approved final subdivision plat and applicable engineering policies and construction standards shall grant final approval to the engineering plans and construction drawings.
C. Upon approval of the final subdivision plat by the Planning Commission and approval of the engineering plans and construction drawings by the City Engineer, the subdivider may secure the necessary permits to proceed with construction of the required street, sanitary, water, drainage or other public improvements or provide a financial guarantee as authorized by this code.
(9) Step 9 - Completion of Improvements or Provision of Financial Guarantees.
A. When the subdivider has completed the construction of the public improvements and all utilities including, but not limited to, the streets, signs, public/private utilities, drainage facilities, and traffic control signs.
B. The specifications of the City shall in all respects govern all construction work. The work shall be done under City supervision and inspection. The subdivider shall pay the cost of City inspection, and an amount of money estimated by the City Engineer for such purpose shall be deposited in advance with the City or otherwise provided for in the construction agreement and financial guarantee requirements as required in Section 1129.04(g).
C. If the City Engineer determines that the improvements are complete and have been constructed in compliance with these regulations, that all conditions of the subdivision approval have been fulfilled and that all required payments, including any payment in lieu of parkland dedication or open space fee, have been made, the City Engineer shall issue a letter to the applicant stating that the improvements are completed and acceptable for City maintenance.
(10) Step 10 - Certification and Recording of the Final Subdivision Plat.
A. Once the City Engineer determines the improvements are complete, determined unnecessary prior to recording, or the applicant has provided the financial guarantees required by this code, the Zoning Administrator and City Engineer shall certify or sign the final subdivision plat. After the final subdivision plat is certified, the final subdivision plat and all associated covenants and restrictions shall be recorded in the office of the Wayne County Recorder within one year of the date of signing.
B. No plat of any subdivision shall be entitled to record in the office of the Wayne County Recorder or have any validity until the Planning Commission shall have approved it, and it shall have been certified by the City Engineer and the Zoning Administrator. In the event any such unapproved plat is recorded, it shall be considered invalid and the City shall institute proceedings to have the plat stricken from the records of Wayne County.
(e) Review Criteria.
(1) Concept Plan Review Criteria. Decisions on concept plan applications shall be based on consideration of the following criteria:
A. That the proposed subdivision complies with any established standards or requirements in the approved comprehensive plan or thoroughfare plan;
B. That the proposed subdivision general complies with the purpose of this code and with the general rules and standards for subdivisions as established in this code;
C. That the proposed subdivision will not result in an isolated subdivision of land that leaves undeveloped parcels of land lacking urban services between developed parcels;
D. That the subdivider has allowed sufficient area to meet the requirements for open space, if applicable; and
E. That the subdivider has taken every effort to ensure that the public health, safety, and welfare are perpetuated by the proposed subdivision.
(2) Preliminary Plat Review Criteria. Decisions on preliminary applications shall be based on consideration of the following criteria:
A. That the subdivision plat complies with all applicable provisions of this code;
B. That the subdivision plat does not conflict with other regulations, the comprehensive plan, or other adopted plans and policies of the City;
C. That applicable review agencies have no objections that cannot be resolved by the applicant;
D. That public facilities, including but not limited to streets, water, sanitary and storm sewers will be adequate to support and service the area of the proposed subdivision, and that definite provision has been made for a water supply system that is sufficient in terms of quantity, dependability, and quality to provide an appropriate supply of water for the type of subdivision proposed;
E. That all areas of the proposed subdivision that may involve soil or topographical conditions presenting hazards or that require special precautions have been identified by the subdivider and that the proposed uses of these areas are compatible with such conditions, or the areas have been designated as "No Build" Zone, or "No Disturb" Zone. See Section 1117.02(c).
F. That the proposed subdivision will not result in an isolated subdivision of land that leaves undeveloped parcels of land lacking urban services between developed parcels;
G. That the subdivider has allowed sufficient area to meet the requirements for open space, if applicable;
H. That the subdivider has taken every effort to ensure that the public health, safety, and welfare are perpetuated by the proposed subdivision; and
I. That the subdivider has incorporated in the proposed subdivision the recommendations described in the approved traffic impact study, when such study is required, that are determined necessary by the Planning Commission or the City Engineer.
(3) Final Plat Review Criteria. Decisions final applications shall be based on consideration of the following criteria:
A. That where a concept plan or preliminary subdivision plat is not required, the proposed subdivision complies with the preliminary subdivision plat review criteria established in Section 1105.06(e)(2);
B. That the final subdivision plat complies with all applicable provisions of this code;
C. That the final subdivision plat, engineering plans, and construction drawings substantially comply with all specific requirements, the purposes, intent and basic objectives of the preliminary subdivision plat, and any commitments made or conditions agreed to with approval of the preliminary subdivision plat, and any applicable regulations in this code.
D. That applicable review agencies have no objections that cannot be resolved by the applicant; and
E. That the final subdivision plat is in full compliance with the approved preliminary subdivision plat, where applicable.
(f) Amendments and Withdrawal of Application.
(1) No changes, erasures, modifications, or revisions shall be made in any plat of a subdivision after final approval has been given by the Planning Commission and an endorsement is made in writing on the plat, unless the plat is first resubmitted and the changes approved by the Planning Commission or unless otherwise authorized under this section.
(2) If the applicant finds, in the process of preparing improvement drawings, that the approved preliminary subdivision plat, if submitted, is not workable and changes in layout are required, the applicant shall inform the Zoning Administrator and City Engineer. The Zoning Administrator may require that a revised preliminary subdivision plat be submitted for re-approval following the review procedure in Section 1105.06(d), above if the changes significantly alter the design of the subdivision.
(3) During the final subdivision plat process, the Zoning Administrator and City Engineer are authorized to allow minor changes related to the public improvements or design where there is minimal impact to the overall design of the subdivision. This shall not give the Zoning Administrator or City Engineer the authority to vary the requirements of this code.
(4) Before approval of the final subdivision plat, the submitted plat may be withdrawn or modified. If modified, the review process shall be repeated. If the application is withdrawn, any application fees shall be forfeited.
(5) If during the course of construction, any changes or modifications are encountered that are not in conformance with the original approved engineering plans or construction drawings, the subdivider shall submit the modified engineering plans or construction drawings to the City Engineer, who, if in agreement with such modifications, shall affix their signature to these drawings indicating approval of the modifications.
(g) Dedication of Improvements for Public Use. If the final subdivision plat indicates land for public use, such land shall be considered dedicated to the City of Wooster after the final subdivision plat has been signed by the City Engineer and the Zoning Administrator and recorded in the office of the Wayne County Recorder.
(h) Subdivision Modifications.
(1) Purpose. The purpose of a subdivision modification is to provide limited relief from standards that apply to the subdivision of land including standards for improvements. Subdivision modifications are intended for those cases where strict application of a particular requirement will create a practical difficulty or extraordinary hardship prohibiting the use of land in a manner otherwise allowed under these regulations. It is not intended that modifications be approved merely to remove inconveniences or financial burdens that the requirements of these regulations may impose on property owners or subdividers in general.
(2) Applicability.
A. If the proposed subdivision requires a deviation from the minimum site development standards (e.g., lot area, lot width, etc.) or other standards identified in Chapter 1115: Site Development Standards, the applicant will be required to apply for and receive all the necessary variance (See Section 1105.11.) or administrative waiver (See Section 1105.12(f).) approvals prior to approval of a preliminary subdivision plat.
B. If the applicant seeks a modification of standards required by Chapter 1129: Subdivision Design, then the request for a modification shall be accomplished through the procedure outlined in this section.
(3) Subdivision Modification Review.
A. A request for a subdivision modification shall be reviewed as part of the preliminary subdivision plat review procedure but a public hearing will be required with notice provided in accordance with Section 1105.02(h).
B. The Planning Commission shall review the request and may approve, approve with conditions, or deny the request to modify any or all of the modifications.
C. In approving a modification, the Planning Commission may impose conditions on the approval as it determines are required to ensure compliance with the provisions and purpose of these regulations.
D. If the preliminary subdivision plat is denied or if the approval of the preliminary subdivision plat expires, so does the approval of the subdivision modification. Any future request for preliminary subdivision plat approval that includes the same modifications shall require a new review and decision on the request for modifications.
(4) Review Criteria. The review criteria for a subdivision modification shall be the same as those for a variance as established in Section 1105.11(c).
(i) Appeals. Any person or entity claiming to be injured or aggrieved by any final action of the Planning Commission shall have the right to appeal the decision to the BZA as established in Section 1105.13.
(Ord. 2018-009. Passed 5-7-18.)