SUBDIVISION REGULATIONS AND PLANNING AND ZONING CODE TABLE OF CONTENTS

Transcription

1 SUBDIVISION REGULATIONS AND PLANNING AND ZONING CODE TABLE OF CONTENTS Subdivision Regulations 1. Chapter 1101 General Provisions 2. Chapter 1103 Definitions 3. Chapter 1105 Administration and Enforcement 4. Chapter 1107 Violations and Penalties 5. Chapter 1109 Application Procedure and Approval Process 6. Chapter 1111 Plat Requirements 7. Chapter 1113 Design Standards 8. Chapter 1115 Construction of Improvements 9. Chapter 1117 Bonds, Deposits, Insurance and Fees 10. Chapter 1119 Plat Statements and Signatures Planning and Zoning Code 11. Chapter General Provisions 12. Chapter Definitions 13. Chapter General Regulations for Zoning District 14. Chapter Site Development Plans 15. Chapter Suburban Residential District (SR) 16. Chapter Low Density Residential District (R-1) 17. Chapter Medium Density Residential District (R-2) 18. Chapter Old Town Residential District (R-3) 19. Chapter Multi-family Residential District (R-12) 20. Chapter Neighborhood Commercial District (NC) 21. Chapter General Commercial District (GC) 22. Chapter Restricted Industrial District (RI) 23. Chapter Limited Industrial District (LI) 24. Chapter Suburban Office and Institution District (SO) 25. Chapter Community Facilities District (CF) 26. Chapter Flood Plain District (FP) 27. Chapter Planned Districts 28. Chapter Overlays 29. Chapter Exceptional Use District (EU) 30. Chapter Development Standards 31. Chapter Landscaping and Screening 32. Chapter Off-Street Parking and Loading Facilities 33. Chapter Repealed 34. Chapter Fences 35. Chapter Signs 36. Chapter Home Occupations 37. Chapter Nonconformities 38. Chapter Administration

2 39. Chapter Enforcement and Penalty 40. Chapter 1185 Residential Design Standards 41. Chapter 1187 Commercial Design Standards 42. Chapter Reserved 43. Chapter Wireless Communications 44. Chapter Sexually Oriented Businesses 45. Appendix A - Recommended Street Trees 46. Appendix B - Exhibit of Lot Terms

3 CODIFIED ORDINANCES OF OBETZ SUBDIVISION REGULATIONS CHAPTER 1101 General Provisions Title Jurisdiction Effective date. Purpose and intent Relationship to existing subdivision ordinance Relationship to comprehensive planning Severability Platting required Conflicting ordinances. Coordination of planned district development application with subdivision approval. CROSS REFERENCES Authority - see O.R.C. 711 & 713 Definitions see Chapter TITLE. These regulations shall be known and be cited and referred to as the Subdivision Regulations of Obetz, and shall hereinafter be referred to as the subdivision regulations JURISDICTION. This Chapter shall be applicable throughout the Municipal planning jurisdiction. The Municipality's planning jurisdiction comprises the area within the corporate boundaries of the Municipality of Obetz, Ohio and to all subdivisions, which are subject to extraterritorial jurisdiction, which the Municipality may choose to exercise under the provision of Section , Ohio Revised Code EFFECTIVE DATE. The provisions of these Subdivision Regulations were adopted by Ordinance and became effective on October 21, PURPOSE AND INTENT. The purpose and intent of the subdivision regulations are to guide and facilitate the orderly, beneficial growth of the community by assuring the orderly subdivision of land and its development, and to promote the public health, safety, convenience, comfort, prosperity and general welfare

4 RELATIONSHIP TO EXISTING SUBDIVISION ORDINANCE. This Subdivision Ordinance is adopted in whole and is a replacement of the Subdivision Ordinance of Obetz of 1982, as amended, which was repealed by the Village Council effective October 21, RELATIONSHIP TO COMPREHENSIVE PLANNING. It is the intention of Council that the subdivision regulations shall reflect the vision and policies of the comprehensive plan, land-use plan, and all other planning documents formally adopted by Council. While the Council reaffirms its commitment that the subdivision regulations be in conformity with adopted planning policies, the Council hereby expresses its intent that neither this nor any amendment to it may be challenged on the basis of any alleged nonconformity with any planning document SEVERABILITY. Each chapter, section, paragraph, sentence, clause, phrase, or other divisible part of the Subdivision Regulations is hereby declared to be severable and if any such chapter, section, paragraph, sentence, clause, phrase, or other divisible part is declared unconstitutional or otherwise invalid by any court of competent jurisdiction in a valid judgment or decree, such unconstitutionality or invalidity shall not affect any of the remaining chapters, sections, paragraphs, sentences, clauses, phrases, or other devisable part of these Regulations since the same would have been enacted without the incorporation into these Regulations of such unconstitutional or invalid chapter, section, paragraph, sentence, clause, phrase, or other devisable part PLATTING REQUIRED. (a) No land shall be subdivided except in compliance with this chapter and with the provisions of the Zoning Code. (b) No land shall be subdivided within the corporate limits of Obetz until: (1) The subdivider shall submit plats as described in this chapter; (2) Said plats have been approved as provided herein; and (3) The approved plats are recorded in the County Record of Plats. (c) No Certificate of Zoning Compliance or Certificate of Occupancy shall be issued for any parcel or plat of land which was created by subdivision after the effective date of, and not in conformity with, the provisions of this chapter, and no excavation of land or construction of any public or private improvements shall take place or be commenced except in conformity with these regulations and other applicable Municipal codes CONFLICTING ORDINANCES. Where conflicts exist between requirements of these Subdivision Regulations and other ordinances adopted by Council, the most strict interpretation as interpreted by the Zoning Inspector shall apply and thereby supersede the less strict requirements COORDINATION OF PLANNED DISTRICT DEVELOPMENT APPROVAL WITH SUBDIVISION APPROVAL. The planned district development approach is greatly encouraged. It is the intent of these regulations that subdivision review be carried out simultaneously with the review of planned district zoning applications under Chapter 1159 of the Zoning Ordinance. The subdivision regulations may be modified to the degree necessary to accomplish the objective and standards required for planned districts. Nothing within this section, however, shall exempt the developer from the requirements of subdivision plat approval as specified in this chapter. Subdivision regulations modified to the degree

5 necessary to accomplish the objectives and standards required for planned districts must be approved by Council at the time of Council planned district approval

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7 CHAPTER 1103 Definitions General definitions Definitions. CROSS REFERENCES Plat and subdivision defined - see Ohio R.C General code definitions - see Zoning definitions - see GENERAL DEFINITIONS. Except where specifically defined herein, all words used in the Subdivision Regulations shall carry customary meanings. Words used in the present tense include the future tense; the plural includes the singular and the singular includes the plural; the word "lot" includes the word "parcel" and "plot"; the word "building" includes the word "structure"; the word "shall" is mandatory, the word "may" is permissive, and the word "should" is preferred; the words "used" or "occupied" include the words "intended, designed or arranged to be used or occupied"; and the word "person" includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual. Words denoting the masculine gender shall be deemed to include the feminine and neuter genders. A general term following specific enumeration of terms is not to be limited to the class enumerated unless expressly so limited DEFINITIONS. (1) "Agent" means the representative of the applicant. The authority of the representative shall be established to the satisfaction of the Zoning Inspector. (2) "Alley" or "Lane" means a public or private way not more than thirty feet wide affording only secondary means of access to abutting property. (3) "ANSI" means American National Standards Institute. (4) "Applicant" means the owner or authorized representative of land proposed to be subdivided. The authority of the representative shall be established to the satisfaction of the Zoning Inspector. Consent to subdivide shall be required from the legal owner of the premises. (5) "Architect" means an architect registered by the State of Ohio. (6) "Arterial street". See "Streets". (7) "As built plans" means plans that have been revised to incorporate all changes that occurred during construction of the project, on matte mylar material. (8) "ASTM" means American Society of Testing and Materials (9) "AWWA" means American Water Works Association. (10) Base flood means the flood having a one percent (1%) chance of being equaled or exceeded in any given year

8 (11) "Block" means all that part of one side of a street between two intersecting streets. (12) "Bond" means any form of security including cash deposit, surety bond, collateral, property, or instrument of credit in an amount and form satisfactory to Council. (13) "Buffer" means a strip of land, fence, or border of trees, etc., between one use and another, which may or may not have trees and shrubs planted for screening purposes, designed to set apart one use area from another. (14) "Building" means any structure with substantial walls and roof securely affixed to land and entirely separated on all sides from any similar structure by space or by walls in which there are no communicating doors, windows, or similar openings. (15) Commission means the Planning and Zoning Commission of the Village of Obetz, Ohio. (16) "Caliper" means the diameter of a tree as measured approximately four feet above the ground. (17) "Certificate of deposit" means a certificate held on deposit by a financial institution for Obetz until such time as the subdivider has fulfilled his obligation to install the required improvements. (18) "Clerk" means the Clerk of Council of Obetz, Ohio. (19) "Collector street". See "Streets". (20) Comprehensive Plan means a plan, or any portion thereof, adopted by the Planning and Zoning Commission and/or Council showing the general location and extent of present and proposed physical facilities including housing, industrial and commercial uses, major streets, parks, schools, and other community facilities. This plan establishes the goals, objectives and policies of the community. (21) Concept Plan means written and graphic documents that indicate in a conceptual form the proposed land uses and their overall impact on the subject tract and surrounding tracts. (22) "Construction Plans" means the maps or drawings accompanying a subdivision plat and showing the specific location and design of improvements to be installed in a subdivision. (23) "Council" means the Council of Obetz, Ohio. (24) "County" means Franklin County, Ohio. (25) "Cut sheets" means tabular survey information used for the purpose of construction layout staking. (26) "Density" means the number of dwelling units per unit of land. To determine density divide the total number of dwelling units by the net developable site as measured in acres. (See definition of "net developable site".)

9 (27) Developer means a person who installs or contracts for the installation of improvements such as sewers, streets and water mains in a residential, office, commercial, or industrial development. (28) "Development" means any man-made change to improved or unimproved real estate. (29) "Easement" means a grant of one or more of the property rights by the property owner to and/or for the use by the public, a corporation, or another person or entity. (30) "Engineer, Registered" means an engineer duly registered by the State of Ohio. (31) "Erosion" means the wearing away of the land surface by running water, wind, ice, or other geological agents, including such processes as gravitational creep and/or detachment and movement of soil or rock fragments by wind, water, ice, or gravity. (32) "Escrow" means a deposit of cash with Obetz in lieu of an amount required and still in force on a performance or maintenance bond. (33) "Escrow fund" means cash placed by the subdivider in an account to be held by a financial institution in favor of the Municipality to guarantee the installation of improvements according to the provisions of the Subdivision Regulations. (34) "Excavation" means the removal or recovery by any means whatsoever of soil, rock, mineral substances, or organic substances other than vegetation, from water or land on or beneath the surface thereof, or beneath the land surface, whether exposed or submerged, whether by mechanical or manual means. (35) "Fire Chief" means the Fire Chief of the appropriate Township Fire Department. (36) Flood Plain means the land, including the floodway fringe and the floodway, subject to inundation by the regional flood. (37) Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one-half foot. (38) Floodway fringe means that portion of the flood plain, excluding the floodway, where development may be allowed under certain restrictions. (39) "Frontage" means that portion of a lot abutting on a dedicated right-of-way. (40) "Grade" means the slope of any surface specified in percentage terms. (41) "Grade, established street" means the elevation of the street, established by the Municipal Engineer, measured at the center line of the street. (42) "Grade, finished" means the elevation of the surface of the ground of any parcel of land after construction of buildings, parking, driveways, streets, the completion of all landscaping, and any other improvements. (43) "Grade, natural" means the elevation of the undisturbed surface of any land. (44) "Hillside" means an area with an average slope of more than fifteen percent (15%)

10 (45) "IES" means Illuminating Engineering Society. (46) "Improvement, public" means any drainage ditch, roadway, parkway, sidewalks, pedestrian way, tree lawn, off-street parking area, lot improvement, or other facility for which Obetz may ultimately assume the responsibility for operation and maintenance or which may effect an improvement for which Obetz is responsible. (47) "Improvements" means street pavement or resurfacing, curbs, gutters, sidewalks, water lines, sewer lines, storm drains, street lights, flood control and drainage facilities, utility lines, landscaping, grading, and other related matters normally associated with development of raw land into building sites. (48) "In-lieu fees" means fees paid by a private individual or party to Obetz to compensate for the mandatory dedication provisions of the Obetz Zoning Code when said land dedication is waived by Council. (49) "Inspection fee" means the cost to the Municipality of supervising construction, to be paid by the developer. (50) Landscape architect" means a landscape architect registered by the State of Ohio. (51) "Law Director" means the Law Director of Obetz, Ohio. (52) "Letter of Credit" means an irrevocable letter of credit issued by a bank in the Central Ohio area, subject to the provisions of Chapter 1305 of the Ohio Revised Code. (53) "Lot" means a designated parcel, tract or area of land established by plat, subdivision or as otherwise permitted by law, to be used, developed or built upon as a unit. (54) "Lot, corner" means a lot or parcel of land abutting upon two or more streets at their intersection, or upon two parts of the same street forming an interior angle of less than one hundred thirty-five (135) degrees. (55) "Lot, double frontage" means a lot which fronts upon two parallel streets, or which fronts upon two (2) streets which do not intersect at the boundaries of the lot. (56) "Lot improvement" means any building, structure, place, work of art, or other object or improvement of the land on which they are situated constituting a physical betterment of real property, or any part of such betterment. (57) "Lot, interior" means a lot with only one frontage on a street. (58) "Lot, irregular" means a lot that is neither square nor rectangular. (59) "Lot, minimum area" means the area of a lot is computed exclusive of any portion of the right-of-way of any public or private street. (60) "Lot of record" means a lot which is part of a subdivision recorded in the Office of the County Recorder, or a lot or parcel described by metes and bounds, the description of which has been recorded. (61) "Lot, reverse frontage" means a double frontage lot located along a collector or arterial that derives access from an interior local street

11 (62) "Mandatory land dedication" means the required dedication of private land to Obetz for the purpose of providing space for park, recreation, open space and other public uses. (63) "Map index" means a map supplied with street improvement plans showing the street and storm system at a scale of 1" = 200'. (64) "Map location" means a map supplied with the plat that shows legibly, by dimension and/or other means, the proposed subdivision and enough area beyond the bounds of the proposed subdivision to locate and orient the subdivision and show the relationship of the site to the community facilities that serve or influence the property, at a scale of 1" = 1,000'. (65) "Mayor" means the Mayor of Obetz, Ohio. (66) "MORPC" means Mid-Ohio Regional Planning Commission. (67) Municipal Engineer means the Engineer of the Village of Obetz duly registered in the State of Ohio. (68) Net developable acres means the land area within a subdivision excluding the minimum open space requirements, all areas designated for public and private streets and alleys, open bodies of water including streams, creeks and ditches, retention and detention areas and all other dedicated right-of-way. (69) "Net developable site" means the remainder of a parcel of land following the subtraction of all areas designated for public and private streets and alleys, open bodies of water including streams, creeks and ditches, and all other dedicated rightof-ways. (70) No build zone" means an area or portion of a lot that is designated by deed not to contain any buildings, structures or other built improvement on a permanent basis. (71) "O.D.O.T. or ODOT" means Ohio Department of Transportation. (72) "OEPA" means Ohio Environmental Protection Agency. (73) "Official Thoroughfare Plan" means the system of streets for the Municipality adopted by the Municipality, on file in the Municipality Clerk's office, together with all amendments thereto subsequently adopted. (74) "Off-site" means any premises not located within the area of the property to be subdivided or improved, whether or not in the same ownership of the applicant for subdivision. (75) "Performance and indemnity bond or surety bond" means an agreement by and between a subdivider and a bonding company in favor of Obetz for the amount of the estimated construction cost guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by subdivider's agreement. (See Appendix.) (76) Planning and Zoning Commission means the body of five members created by the Municipality in compliance with the Ohio Revised Code to administer planning and land use regulations and provide recommendations on a wide array of land use and

12 land use policy issues. (77) "Plan, improvement" means detailed construction drawings, maps, and other materials depicting a proposed subdivision meeting the requirements of this document. (78) "Plan, sketch" means a drawing of a proposed subdivision intended to be used as a general indicator of how the proposed area may be subdivided, as per this document. (79) "Plat" means a map representing a tract of land, showing the boundaries and location of individual properties and streets. A portable structure map of a subdivision or site plan. (80) "Plat, final" means the plat of a proposed subdivision, drawn on durable material as specified in this document and intended for recording, meeting all the requirements as herein enumerated. (81) Regional Planning Commission means the Mid-Ohio Regional Planning Commission (MORPC) or its designated representative. (82) "Reserves" means parcels of land within a subdivision set aside for future subdivision or set aside for other purposes, as noted on the plat. (83) Retention basin means a wet or dry stormwater holding area, either natural or manmade, which does not have an outlet to adjoining watercourses or wetlands other than an emergency spillway. (84) Right-of-way means the surface of and the space above and below any public street, public road, public highway, public freeway, public lane, public path, public way, public alley, public court, public sidewalk, public boulevard, public parkway, public drive or any public easement now or hereafter held by the Municipality. (85) "Sediment" means solid material both mineral and organic that is in suspension, is being transported, or has been moved from its site of origin by surface water, and has come to rest on the earth's surface above or below ground level. (86) "Sediment basin" means a barrier, dam, or other suitable detention facility built across an area of water-flow to settle and retain sediment carried by run-off waters. (87) "Setback" means the minimum distance by which any building or structure must be separated from a street right-of-way or lot line. (a) (b) (c) (d) Setback, Front means the minimum allowable distance from the street right-of-way line to the closest pint of the foundation of a building or projection thereof, parking lot, or detention pond. Setback, Platted" means the minimum distance between the building and the right-of-way, rear lot line, and/or side lot line as required by the Zoning Code and shown on the recorded plat of the subdivision. Setback, Rear means the shortest distance between the building line and the rear lot line. Setback, Side means the shortest distance between the building line and the side lot line

13 (88) "Setback line" means the distance measured perpendicularly from either the front, side, or rear property line of the building. (89) "Solicitor" means the Law Director or Solicitor of Obetz, Ohio. (90) Storm Water Design Manual means the MORPC Storm Water Management Guidelines as well as any additional guidelines adopted by the Municipality. (91) "Street" means any vehicular way which: (1) Is an existing state, county, municipal or village roadway; or (2) is shown upon a plat approved pursuant to law; or (3) is approved by other official action; or (4) is shown on a plat duly filed and recorded in the office of the Franklin County Recorder prior to the appointment of the Planning and Zoning Commission and the grant to such board of the power to review plats; and includes the land between the street lines, whether improved or unimproved. (92) "Street, collector" means a street which collects traffic from local streets and connects with minor and major arterial. (93) "Street, cul-de-sac" means a local street having only one outlet and a paved terminal for safe and convenient reversal of traffic movement. (94) "Street, dead end" means a local street having only one outlet without a safe and convenient means for reversal of traffic. (95) "Street, industrial" means a street intended to provide access to other streets from industrial properties, generally being a volume of traffic that includes a relatively large amount of vehicles other than passenger automobiles. (96) "Street, local" means a street designed to provide vehicular access to abutting property and to discourage through traffic. (97) "Street, major arterial" means a street with access control, channelized intersections, restricted parking, and which collects and distributes traffic to and from minor arterial. (98) "Street, minor arterial" means a street with access controls, signals at important intersections and stop signs on the side streets, and which collects and distributes traffic to and from collector streets. (99) "Structure" means anything constructed or erected, the use of which requires location on the ground, or attachment to something having a fixed location on the ground. (100) "Subdivider". See "Applicant". (101) "Subdivider's Agreement" means an agreement by and between a subdivider and Obetz that sets forth the manner in which the subdivider agrees to proceed with the construction of public improvements and the disposition of lots in the subject subdivision. (102) "Subdivision" means any or all of the following: (a) The division of any parcel of land shown as a unit or as contiguous units on the last preceding tax roll, into two or more parcels, sites, or lots, any one of

14 (b) which is less than five acres for the purpose, whether immediate or future, of transfer of ownership, provided, however, that the division or partition of land into parcels of more than five acres not involving any new streets or easements of access, and the sale or exchange of parcels between adjoining lot owners, where such sale or exchange does not create additional building sites, shall be exempted; or The improvement of one or more parcels of land for residential, commercial or industrial structures or groups of structures involving the division or allocation of land for the opening, widening or extension of any street or streets, except private streets serving industrial structures; the division or allocation of land as open spaces for common use by owners, occupants or lease holders or as easements for the extension and maintenance of public sewer, water, storm drainage or other public facilities. (103) Subdivision, Minor" means any subdivision that does not result in the creation of more than five lots our of a single tract or does not require the construction of new streets, roads, public water or sewer facilities, sidewalks or similar facilities. (104) "Surety" means a certificate of deposit, performance bond, irrevocable letter of credit or cash escrow account in favor of the Municipality designed to guarantee the construction of required improvements. (105) "Surveyor" means a surveyor registered by the State of Ohio. (106) Tree means any self-supported, woody plant of a species which normally grows to an overall height of thirteen (13 ) feet or more, including coniferous and deciduous trees. (107) "Tree, large" means any tree species having a trunk diameter of six inches or more as measured four feet from the ground. (108) "Tree Lawn" means that part of a street right-of-way not covered by sidewalk or other paving, lying between the property line and that portion of the street rightof-way that is paved and usually used for vehicular traffic. (109) "Tree, significant" means any individual tree that is of cultural, historical, biological, or horticultural value as determined by Council with the advice of the Planning and Zoning Commission or Landmark Commission. (110) "Utilities Superintendent" means the Utilities Superintendent of Obetz, Ohio. (111) " Municipality means the Municipality of Obetz, Ohio. (112) " Municipal Clerk" means the Municipal Clerk of Council of Obetz, Ohio. (113) " Municipal Council" means the Municipal Council of Obetz, Ohio. (114) "Zoning Code" means the Zoning Code of Obetz, Ohio

15 CHAPTER 1105 Administration and Enforcement Administration and enforcement Waivers Plat adjustments Testing Vacation of plats. CROSS REFERENCES Plat approval by Planning Authority - see Ohio R.C Violation of rules and regulations - see Ohio R.C ADMINISTRATION AND ENFORCEMENT. Administration of these Subdivision Regulations shall be as set forth herein and in accordance with the following: WAIVERS. The Planning and Zoning Commission and Council, where they find extraordinary and unnecessary hardship may result from strict compliance with these Regulations as a result of topographic or other physical conditions, may waive such requirements provided that such a waiver does not violate the intent of these Regulations and will not be detrimental to the public interest. Under no circumstances shall waiver be granted under this section to any requirements of the Zoning Code PLAT ADJUSTMENTS. No changes shall be made to any final plat after approval by Council except that minor technical adjustments or corrections which do not significantly change the plat as approved may be made with the approval of the Utilities Superintendent, Zoning Inspector, and Municipal Engineer TESTING. Testing in accordance with the requirements set forth to ensure compliance with the standards contained herein and as required by the Municipal Engineer shall be at the expense of the subdivider VACATION OF PLATS. Any plat or portion thereof may be vacated by filing a written instrument declaring said plat or portion thereof to be vacated. Such instrument shall be submitted to the Planning and Zoning Commission who shall review same and make a recommendation to Council. Council may approve or reject, any such instrument. A 2/3 majority vote by Council is required to overturn a recommendation by the Planning and Zoning Commission. Upon approval by Council, said instrument may be recorded in like manner as plats of subdivisions and shall operate to destroy the force and effect of the plat, or portion thereof, so vacated

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17 CHAPTER 1107 Violations and Penalties Violations and penalties Appeals Notices. CROSS REFERENCES Violations of rules and regulations - see Ohio R.C VIOLATIONS AND PENALTIES. Any person, firm, or corporation who fails to comply with, or violates, any of the subdivision regulations or Chapter 711 of the Ohio Revised Code shall be subject to the penalties as set forth in said Chapter APPEALS. Any person, firm, or corporation who believes he has been aggrieved by these regulations has all the rights of appeal as set forth in Chapter 711 of the Ohio Revised Code NOTICES. The Zoning Inspector shall serve a written notice or order upon the person responsible whenever the Zoning Inspector or Planning and Zoning Commission is satisfied that any work is being done or any transactions are being made in violation of the provisions of these Subdivision Regulations. Such notice shall direct the discontinuance of any illegal action and the remedying of the condition that is in violation. In case such notice or order is not promptly complied with, the Zoning Inspector shall stop all services to the property where such violation is concerned and to refuse such services until the violation is corrected. The Zoning Inspector may also request the Solicitor to institute the appropriate action or proceeding at law or equity to restrain, correct, remove or prosecute such violation

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19 CHAPTER 1109 Application Procedure and Approval Process Application required Pre-application conference Submittal of Preliminary Plats Submittal of Final Plats Special procedures for Minor Subdivisions. CROSS REFERENCES Engineer to approve plats - see Ohio R.C , Plat approval by Planning Authority - see Ohio R.C APPLICATION REQUIRED. Application for subdivision must be submitted to the Zoning Inspector and the following procedure shall be followed with regard to the submittal, review, and approval of subdivision plats PRE-APPLICATION CONFERENCE AND CONCEPTUAL PLAN. (a) Prior to submission of a preliminary plat, the subdivider must meet with the Zoning Inspector, Municipal Engineer, Economic Development Director, and Village Administrator to discuss the comprehensive plan, zoning code and subdivision regulations of the Municipality. (b) Following the pre-application, the subdivider must submit a Conceptual Plan and a copy of the preliminary deed restrictions to the Zoning Inspector for review. This step does not require formal application fee or filing of the plat with the Planning and Zoning Commission. The Zoning Inspector may request other plans and data relative to the proposed development, if needed. (1) The Conceptual Plan shall contain the following information: A. Proposed name of subdivision B. Owner s name C. Location D. North point E. Vicinity map F. Boundaries of subdivision and its acreage G. Existing and proposed streets H. Lot layout and existing natural and manmade features such as soil types, vegetation, general topography, existing easements, railroad rights of way, and service facilities SUBMITTAL OF PRELIMINARY PLATS. (a) Unless exempted per , the subdivider shall prepare and submit fifteen copies of a preliminary plat, together with the supplementary material as required by Section Said plat shall be filed with the Zoning Inspector at least forty-five days prior to the meeting at which it is to be considered. (b) The Planning and Zoning Commission shall review said plat and act thereon. The Commission may approve the plat as submitted or modified, it may conditionally approve the plat and stipulate the conditions of such approval, or it may disapprove the plat and express the reasons therefore. The action of the Commission shall be noted on two copies of the preliminary plat. One copy shall be returned to the subdivider and the other retained on file by the Zoning Inspector. (c) Approval of a preliminary plat shall not constitute approval of the final plat and improvement plans, but rather shall be deemed an expression of approval of the layout as a guide to preparation of the final plat

20 (d) Review of the preliminary plat is based on conformance with present zoning and general conformance with the improvement requirements as stipulated herein. (e) Whether it is proposed to develop the tract in one phase or in sections or stages, layout of the entire tract is required SUBMITTAL OF FINAL PLATS. (a) Final plats shall be subsequent to and substantially in conformance with a previously approved preliminary plat. A final plat may constitute only that portion of the project which is proposed for recording and development at the time. Final plats shall be submitted to the Zoning Inspector within eighteen months after approval of the preliminary plat or such approval shall become null and void unless an extension of time has been granted by the Planning and Zoning Commission upon showing of cause. Only one extension of time may be granted for a period not to exceed eighteen months. (b) Final plats shall be prepared by a registered surveyor or engineer and fifteen copies of the plat and supporting data as required in Section shall be submitted to the Zoning Inspector at least forty-five days prior to the meeting at which it is to be considered. (c) The Planning and Zoning Commission shall, within a period of time, not longer than sixty days from the receipt of the final plat containing all revisions as required by the Planning and Zoning Commission and the Municipal Staff, review same and recommend either approval, approval with conditions, or disapproval. The plat together with the Commission s recommendation shall then be immediately forwarded to Council, and heard by Council within sixty days of receipt of the plat as reviewed by the Planning and Zoning Commission. (d) Before any plat is approved by the Planning and Zoning Commission, the developer shall give notice to the State Director of Transportation of the proposed improvements and obtain a letter from the State Director of Transportation stating that: This property is not within 300 feet of the centerline of a proposed new highway, or within 500 feet of the centerline of a highway for which changes are proposed; or this property is within these limits but that acquisition of the land at this time is not in the public interest. If the State Director of Transportation notifies the Commission that the State shall proceed to acquire the land needed, then the Commission may refuse to approve the plat, according to provisions of Section of the Ohio Revised Code. At the request of the subdivider, the Commission may give conditional approval and allow the developer to proceed with completion of the plat. However, it shall be clearly at the subdivider's own risk and the conditional approval shall be withdrawn if the State Director of Transportation proceeds to acquire the land. If the State Director of Transportation notifies the Commission that acquisition at this time is not in the public interest, or upon expiration of a 120 day period from date of notice to the State Director or any extension thereof agreed upon by the State Director of Transportation and the property owner, the Commission shall, if the plat is in conformance with all provisions of these Subdivision Regulations, approve the plat. A copy of correspondence to the State Director shall be mailed to the Zoning Inspector. The correspondence to the State Director shall indicate the 120 day notification deadline. (e) Within sixty days of Planning and Zoning Commission s approval, Council shall either approve or disapprove the plat. Should Council approve the final plat, the subdivider shall deliver to the Clerk a bond and other items as required by Section Upon review and approval of said items by the Municipal Engineer, the Mayor and Clerk shall sign the final plat and it may be recorded. The placement of the Mayor's signature on the plat shall constitute final approval of the subdivision. The required bonds shall be posted and the plat placed on record within six months from the date of Council's approval or the plat shall be null and void. Provided, however, the said time may be extended by Council for good cause. If Council disapproves the plat, it shall be returned to the Planning and Zoning

21 Commission with recommendations for modification. A majority vote of Council is required to overturn a final plat approved by the Planning and Zoning Commission. (f) A copy of the final plat as recorded shall be submitted to the Zoning Inspector. Upon completion of the subdivision, "as built plans" based on Municipal inspection records and prepared by the developer shall be submitted to the Zoning Inspector in mylar form. (g) Application for building permits for lots within the subdivision shall not be submitted until after the plat is recorded and either improvements completed, or a bond is posted for one hundred percent (100%) of the estimated construction and inspection cost of the improvements

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23 CHAPTER 1111 Plat Requirements Plat requirements Preliminary requirements Final Plat requirements Exemptions. CROSS REFERENCES Plat and contents - see Ohio R.C et seq. Lot numbering and revision - see Ohio R.C , , et seq PLAT REQUIREMENTS. Plats, plans, and data submitted to the Municipality for review shall be in accordance with the requirements contained in the following sections for such plats: PRELIMINARY PLAT REQUIREMENTS. Preliminary plats shall be prepared at a scale such that the entire project shall be displayed on a single sheet when possible, but in no case shall the scale ration be greater than one inch equals one hundred feet (1 =100 ). If more than two sheets are required, an index sheet must be included. Where information is required for items off-site, and access to such areas is not available to the registered surveyor, required information may be an approximate nature, based on existing plats of surrounding parcels and must be so noted. Preliminary plats shall include the following: (a) A location map showing the relationship of the proposed subdivision to the surrounding area. (b) The name of the subdivision, the name and address of the developer, the name and registration number of the registered surveyor, a north arrow, scale, and date. (c) The location by Section, Range, and Township or other surveys. (d) Soils information, presented on a separate drawing, identical in scale to the preliminary plat. Street and lot layout shall be superimposed upon the soils information sheet. Data shall be derived from the United States Department of Agriculture Soil Survey. (e) The names and locations of all adjoining property owners and adjacent subdivisions within 150 feet of the proposed subdivision. (f) The current zoning of the property to be subdivided and of the contiguous properties. (g) The location and dimensions of all boundary lines of the property expressed in feet and decimals of a foot, and the approximate acreage of the land to be subdivided. (h) The location of existing water bodies, streams, drainage ditches, stands of trees and trees with a caliper more than six inches in diameter, and other pertinent features within 500 feet of the proposed subdivision. (i) The location, width, names, and classification of all existing and proposed streets, rights-of-way, and easements, and where pertinent, their designated use within 500 feet of the proposed subdivision. (j) subdivision. Approximate location of all existing buildings within 500 feet of the proposed

24 (k) Location and illustration of existing storm and sanitary sewers, culverts, drainage tiles, water lines, gas lines, CATV, utility poles, and utility lines within and adjacent to the proposed subdivision. (l) (m) The location of all existing wells within 300 feet of the proposed subdivision. The approximate location, dimensions, and numbering of all proposed lots. (n) The approximate location, dimensions, and area of all property proposed to be set aside for parks, open space, other public or private reservation, with designation of the purpose and proposed ownership thereof. (o) Topography with a maximum contour interval of two feet. Elevations shall be based on mean sea level datum obtained from bench marks established by the United States Geological Survey. (p) Indication of the proposed use of any lot other than residential. (q) Lots within the subdivision including future additions shall be numbered consecutively beginning with "one" (1), and the total number of lots and their combined acreage shown on the plat. (r) Preliminary proposals for connection to existing water supply and sanitary sewer systems and for the collection and discharge of surface water drainage including the location and size of existing and proposed water mains, sanitary sewers and drainage facilities. (s) Delineation of the drainage areas involved, with a plan for draining the total upstream watershed through the development. The major storm routing path shall be delineated. (t) The 100-year floodplain of any stream identified as having a flood hazard area. (u) Written indication from the Utilities Superintendent that capacity for both water and sanitary sewer service is available. (v) Where it is proposed to develop the tract in sections or stages, a tentative delineation of the sections and their phasing, including an estimated time frame FINAL PLAT REQUIREMENTS. (a) Final plats shall be prepared and stamped by a registered surveyor or engineer. Said plats shall be drawn in black India ink on reproducible Mylar at a scale of one inch equals onehundred (100) feet (1" = 100') and shall be a minimum of 18" x 24" and a maximum of 30" x 40" outside dimensions. The final plat shall also be submitted on a CD in AutoCAD format. (b) Final plats shall include the following: (1) A location map showing the relationship of the proposed subdivision to the surrounding area. (2) The name of the subdivision, north arrow, scale, and date. (3) The names of all adjoining property owners as shown on the preliminary plat. (4) The boundary lines of the area being subdivided with accurate distance and bearings, including section, corporation, and county lines. (5) Curve data for street including the radii, arcs, chords, chord bearings, tangent and central angle. (6) Accurate dimensions for all lots, reserve parcels, rights-of-way, and easements

25 (7) Accurate location of all required monuments. (8) A summary of the area of land used for each of the following: A. Lots, B. Rights-of-way, C. Parks, and D. Other open space. (9) Location of setback lines from all rights-of-way, public or private, and the building envelope shown on all irregular lots. (10) An acknowledgement by and bearing the signature of the owner that the plat was prepared with the owner's consent and approval and dedicating the streets and the appropriate areas to Obetz. (11) A statement signed by the owner setting forth the rights associated with the easements and reserve parcels shown on the plat. (12) Certification by a registered surveyor that the information contained on the plat is true and correct and conforms to the requirements of these Subdivision Regulations. (13) An approval block for the endorsement of the plat by the Mayor and Clerk upon the approval by Council. The approval block and associated subdivision plat wording is shown in Appendix E. (14) Provisions for the dedication and acceptance of public land. (c) The final plat shall not be approved until the following items have been submitted to the Zoning Inspector. (1) Improvement plans prepared by a registered engineer for all required improvements at a scale of 1" = 50' on 24" x 36" or at such other scale acceptable to the Municipal Engineer. (2) A landscaping plan. (3) An erosion and sedimentation control plan as described in Section (4) A letter from the Utilities Superintendent and Municipal Engineer approving the improvement plans for the sanitary sewer. (5) A letter from the Utilities Superintendent and Municipal Engineer approving the improvement plans for the water distribution system. (6) Bonds or other guarantees as may be required by Chapter (7) All approvals from regulatory agencies. (8) Payment of all required fees BOUNDARY LINE ADJUSTMENTS AND MINOR SUBDIVISIONS Boundary line adjustments and minor subdivisions are exempt from the Municipal plat requirements. The following rules and regulations shall govern boundary line adjustments and minor subdivision development in the Municipality. (a) Prerequisite. Prior to submittal of the exemption request, the applicant shall meet with the Municipal Engineer and Zoning Inspector to determine whether the boundary line adjustment or minor subdivision request meets the exemption criteria and to explain the procedure and submittal requirements. If it is determined that the applicant s proposal does not meet the exemption intent, the applicant shall be required to comply with the sketch plan, preliminary plan, and final plat process of these Regulations. (b) Boundary Line Adjustment Exemption. The Boundary Line Adjustment process is an administrative process conducted by the Zoning Inspector. Boundary line adjustments cannot be used to increase the total number of parcels and legally created parcels less than one (1) acre shall not be considered for boundary line adjustments

26 (1) Criteria. An application must meet, at a minimum, all of the criteria below. A. Resulting parcels comply with the adopted standard platting conditions and any other conditions determined applicable by the Zoning Inspector. B. Resulting parcels comply with all applicable zoning, building, fire, and health codes, rules and regulations. (2) Submittal Process. The submittal processes below shall apply to all Boundary Line Adjustments: A. The applicant shall submit one (1) copy of the exemption request to the Zoning Inspector. B. The submittal shall be reviewed in a timely manner for completeness by the Zoning Inspector. The applicant shall be notified of any inadequacies, missing, or incomplete documentation. An incomplete submittal shall not be processed. C. Once the submittal is determined complete, the Zoning Inspector will conduct a site characteristics analysis and perform a site visit to verify characteristics and determine if the application meets the criteria for a Boundary Line Adjustment. D. If the Zoning Inspector denies the exemption request, the applicant shall have the right to appeal to the Planning and Zoning Commission. (3) Submittal Requirements. In addition to the submittal requirements listed below, the Zoning Inspector may request other materials or information as deemed necessary, before or during the process. A. Application Form as provided by the Zoning Inspector. B. The appropriate fee(s), as established by the Commission. C. Deeds or other proof of ownership for the subject properties. D. A notarized letter of authority from the landowner permitting a representative to process the application, if applicant is other than the owner(s) of record. E. Vicinity Map - submitted on a 8 ½" x 11" sheet of paper, that indicates the location of the subject properties in relation to the general context of the Municipality. F. Location Map - submitted on a 8 ½" x 11" sheet of paper or another size approved by the Zoning Inspector, that indicates the location of the subject properties in relation to roads, streams, utilities, adjacent parcels and other features. G. Preliminary Drawing - submitted on a 24" x 36" sheet of paper at a scale approved by the Zoning Inspector. The drawing shall, at a minimum, depict the following: i. The title shall be placed at the top of the sheet along the long dimension of each sheet and shall include: the name of the proposed exemption; a general legal description; and the case number. ii. The Drawing shall include: the preparation date; a north arrow designated at true north; a written and graphic scale;