The provisions of this Title Five shall be known as the Subdivision Regulations of the Municipality of Brookville and shall be referred to hereinafter as these Regulations.

   These Regulations are adopted to secure and provide for the following:

   (a)   Proper arrangement of streets or highways in relation to existing or planned streets or highways or to the Comprehensive Development Plan.   

   (b)   Adequate and convenient open spaces for vehicular and pedestrian traffic, utilities, access of fire-fighting apparatus and recreation.

   (c)   Establishment of standards for the construction of any and all improvements as herein required.

   (d)   Conformance with the existing Zoning Code.

   (e)   Orderly and efficient layout and the appropriate use of the land.

   (f)   Accurate surveying of land, preparing and recording of plats and the equitable handling of all subdivision plats by providing uniform procedures and standards for observance by both the approving authority and subdividers.

   (g)   Protection against floodplain encroachment and possible future flood damage.

   (h)   Protection of the public health, safety and general welfare of the citizens.

   (i)   Guidance for public and private policy and action in order to provide adequate and efficient transportation, water, sewerage and other public requirements and facilities.

   (a)   Establishment - There is hereby established a Planning Commission for the Municipality.

   (b)   Membership; Terms – The Planning Commission shall consist of seven members. The Mayor shall be a full voting member of the Planning Commission by virtue of holding the office of Mayor. On or before the first day of February of each year, the Council shall designate, by a motion adopted by a majority vote of its members, one of its members to serve as a full voting member of the Planning Commission, and such person shall serve so long as he or she is a member of the Council and until a successor is designated by the Council. In addition to the members hereinbefore provided (the Mayor and one member of the Council), there shall be five Citizen members of the Planning Commission appointed to 3-year terms of office by the Council by a motion adopted by a majority vote of the members of the Council; provided that the first citizen members appointed pursuant to this Charter shall be appointed so that two shall serve for a term of 3 years, two shall serve for a term of 2 years, and one shall serve for a term of 1 year. Thereafter, each Citizen member shall be appointed to serve a term of 3 years. Such Citizen members of the Commission shall also be full voting members.

   (c)   The powers, duties, and functions of the Planning Commission shall be provided by these Regulations and the ordinances and resolutions of the Municipality; but until such ordinance or resolutions shall be passed, it shall possess powers, duties, and functions as are provided by the laws of Ohio, to the extent that such laws do not conflict with the provisions of these Regulations.

   The provisions of these Regulations shall supplement any and all laws of the State of Ohio, ordinances of the Municipality of Brookville, Municipality of Brookville Design Criteria and Construction Standards and Drawings, or any and all rules and Regulations promulgated by authority of such law or ordinance relating to the intent and scope of these Regulations. Whenever the requirements of these Regulations are at variance with the requirements of any law, ordinance, regulations of the Board of Health or Ohio Environmental Protection Agency (OEPA), the most restrictive or that imposing the higher standards shall govern.

   (a)   Interpretation - In their interpretation and application, provisions of these Regulations shall be held to be the minimum requirements for the promotion of the public health, safety and general welfare.

   (b)   Separability - If any part or provision of these Regulations or the application thereof to any person or circumstance is judged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision or application directly involved in all controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of these Regulations or the application thereof to other persons or circumstances. The Council hereby declares that it would have enacted the remainder of these Regulations even without any such part; provision or application.

   These Regulations may be amended, after meeting requirements as specified in the Ohio Revised Code and/or Brookville Municipal Charter.

   For the intent of these Regulations, certain terms or words used herein shall be interpreted as follows:

   (a)   The word “person” includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual.

   (b)   The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular.

   (c)   The word “shall” is a mandatory requirement, the word “may” is a permissive requirement, and the word “should” is a preferred requirement.

   (d)   The words “used” or “occupied” include the words “intended, designed, or arranged to be used or occupied”.

   (e)   The word “lot” includes the words “plot” or “parcel”.

   (f)   Regardless of capitalization, definitions are standard.

A unit of property entirely surrounded by public highways and streets, railroad rights-of- way, waterways, or other barriers, or combination thereof.

Existing, planned and proposed parks, playgrounds, public schools, other public lands and buildings of the Municipality for which the Regulations are in effect.

A plan, which may consist of several maps, data, policies, and other descriptive matter, for the physical development of the Municipality which has been adopted by the Municipality to indicate the general location for proposed physical facilities including housing, industrial and business uses, major streets, parks, schools, public sites, and other similar information.

A complete set of engineering drawings drawn to scale containing, but not limited to, grading plans, street plans and profiles, cross sections, sanitary sewer plans and profiles, water main plans and profiles, storm sewer plans and profiles, a complete topographical layout of all existing appurtenances and structures located within the right-of-way, and any other requirement as outlined in the Municipality of Brookville Design Criteria and Construction Standards and Drawings.

The acceptance of land to the Municipality of Brookville by its owner for any public use.

Any person, subdivider, partnership, or corporation or duly authorized agent who constructs or contracts to construct improvements on subdivided land.

Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his/her property.

Any person registered to practice professional engineering by the State Board of Registration as specified in the Ohio Revised Code.

Street pavement or resurfacing, curbs, gutters, sidewalks, pedestrian walkway, water lines, sanitary and storm sewers, landscaping, street lights, flood control and drainage facilities, utility lines, and other related matters normally associated with the development of land into building sites.

The visual observation of construction to permit the Municipality or their representative to render his or her professional opinion as to whether the contractor is performing the services in a manner indicating that, when completed, the services will be in accordance with the Municipality of Brookville Subdivision Regulations, Construction Standards and Drawings, and Design Criteria. Such observations shall not be relied upon in any part as acceptance of the services, nor shall they relieve any party from fulfillment of customary and contractual responsibilities and obligations.

A piece or parcel of land occupied or intended to be occupied by a principal building or a group of such buildings and its accessory buildings and uses, and having frontage on an improved public or private street.

(a)   Corner – A lot located at the intersection of two or more streets.

(b)   Through Frontage – A lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as double frontage lots.

   (c)      Interior – A lot with only one frontage on a street.

The computed area contained within the lot lines.

A surety by a subdivider or developer with the Municipality for the amount of ten percent (10%) of the performance surety guaranteeing the maintenance of the physical improvements according to the plans and specifications within the time prescribed.

Permanent concrete or iron markers used to establish definitely all lines of the plat of a subdivision, including all lot corners, boundary line corners, and points of change in street alignment shall comply with the State of Ohio Minimum Standards for Boundary Surveys.

A person appointed by Council and the Planning Commission to handle the administration of the Municipality. The Municipal Manager may appoint an authorized representative to administer these Regulations

The parcel of land shown as a unit as contiguous units on the last preceding tax roll.

A piece of land that cannot be designated by lot number.

A right-of-way dedicated for the purpose of a pedestrian access through residential, commercial, and industrial areas, and located so as to connect to two or more streets, or a street and a public land parcel.

An agreement by a subdivider or developer with the Municipality of Brookville for the amount of the estimated construction cost guaranteeing the completion of physical improvements according to the plans and specifications within the time prescribed.

The Municipality of Brookville Planning Commission.

A map of a tract or parcel of land, made from a survey by a registered surveyor in the State of Ohio.

(a)   Preliminary Plat - A plat showing all requisite details of a proposed subdivision submitted to the Planning Commission for purpose of preliminary consideration, prepared in conformance with these Regulations.

(b)   Final Plat – A plat of all or part of a subdivision providing substantial conformance to the Preliminary Plat of the subdivision prepared in conformance with these Regulations and suitable for recording by the County Recorder.

A restriction on the use of all private property within a subdivision, to be set forth on the plat and/or incorporated in each deed, for the benefit of the property owners, and to provide mutual protection against undesirable aspects of development which would tend to impair stability of values.

A portion of a subdivision which is set aside for public use and made available for public use or acquisition.

A firm, association, syndicate, corporation, co-partnership, municipal authority or public agency, board or commission, duly authorized to furnish, and furnishing under governmental regulations, to the public: facilities, products or services such as gas, electricity, sewage disposal, communication, telephone, transportation, water, etc.

Alteration, modification or adjustment of existing lots, lot lines, property lines or right-of- way lines and/or vacation thereof within the Municipality of Brookville shall be submitted to the Planning Commission for a recommendation thereon. Council, after review of such recommendation, shall approve or disapprove such request.

Land reserved, used, or to be used for a street, alley, walkway, or other public purpose.

A line established by the Zoning Code, generally parallel with and measured from the lot line, defining the limits of a yard in which no portion of any principal structure other than an accessory building may be located, except as may be provided in said Zoning Code.

An informal plan or sketch showing the existing features of a site and its surroundings and the general layout of a proposed subdivision which can be presented to the Planning Commission for informal discussions.

The division or redivision of any parcel of land shown as a unit or as contiguous units on the last preceding tax roll, into two or more lots, tracts or parcels, any one of which is less than five acres, for the purpose, whether immediate or future, of transfer of ownership; excepting, however, the following transactions:

   (a)   The division or partition of land into parcels of land into parcels of more than five acres for residential use not involving any new streets or easements of access or fronting on existing streets or roads which are required to be widened under the thoroughfare ordinance;

   (b)   The sale or exchange of parcels between adjoining lot owners, where such sale or exchange does not create additional building sites;

   (c)   The simple inheritance of land by will or intestate succession;

   (d)   The improvement of one or more lots, tracts, or parcels of land of any size 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;

   (e)   The division or allocation of land as open spaces for common use by owners, occupants, or leaseholders, or as easements for the extension and maintenance of public sewer, water, storm drainage, or other public facilities;

   (f)   The improvement of one or more parcels of land by the erection or enlargement thereon of any residential, commercial, or industrial structure or groups of structures.

   (g)   Major Subdivision – Division of a lot or parcel of land into more than five lots or parcels, and/or the creation or establishment of new streets or roadways by the division of a lot or parcel of land.

   (h)   Minor Subdivision – Division of a lot or parcel of land along an existing public thoroughfare into not more than five lots or parcels not establishing a new street or roadway.

Any person registered to practice surveying by the State Board of Registration as specified in the Ohio Revised Code.

The full width between property lines bounding every public way of whatever nature, with a part thereof to be used for vehicular traffic and designated as follows:

   (a)   Alley – A right-of-way used primarily for vehicular service access to the back or side of properties abutting on another street.

   (b)   Arterial Street – A general term denoting a highway primarily for through traffic, carrying heavy loads and large volume of traffic, usually on a continuous route.

   (c)   Collector Street – A thoroughfare, whether within a residential, industrial, commercial, or other type of development, which primarily carries traffic from local streets to arterial streets or to other collector streets, including the principal entrance and circulation routes within residential subdivisions.

   (d)   Cul-de-sac – A local street with one end open to traffic and the other end terminating in a vehicular turnaround.

   (e)   Dead-end Street – A street temporarily having only one outlet for vehicular traffic and intended to be extended or continued in the future.

   (f)   Local Street – A street primarily for providing access to residential, commercial, or other abutting property.

   (g)   Loop Street – A type of local street, each end of which terminates at an intersection with same arterial or collector street, and whose principal radius points of the 180° system of turns are not more than 1000 feet from said arterial or collector street, nor normally more than 600 feet from each other.

A variance is a modification of the strict terms of the relevant Regulations where such modification will not be contrary to the public interest and where owing to conditions peculiar to the property, and not the result of the action of the applicant, a literal enforcement of the Regulations would result in unnecessary and undue hardship.

   VICINITY MAP

A drawing located on the plat which sets forth by dimensions or other means, the relationship of the proposed subdivision or use to other nearby development or landmarks and community facilities and services within Municipality of Brookville in order to better locate and orient the area in question.

The Zoning Ordinance for the Municipality of Brookville which regulates the use of land by districts or zones and as the same may be amended or supplemented.

   The purpose of a minor subdivision is that these Regulations shall be handled by staff and require a survey plat with a legal description, fees, and may include a sketch plat as recommended by the Planning Commission.

   Approval without a plat of a minor subdivision may be granted by the Municipal Manager as the properly designated representative of the Planning Commission, if the proposed subdivision of the parcel of land meets all of the following conditions:

   (a)   The proposed subdivision is located along an existing improved public road and involves no opening, widening, or extension of any street or road.

   (b)   The proposed division of a parcel of land involves no more than five (5) lots, after the original parcel has been completely subdivided, any one of which is under five (5) acres inclusive of the remaining parcel).

   (d)   Date, north arrow, scale, and acreage to thousandths of acre.

   (b)   The preliminary plat shall not be considered properly submitted until all applicable fees are paid by the developer (see Section 1185.04 Schedule of Fees).

      (3)   Name and address of property owner/developer.

   (d)   Construction Plans. The proposed preliminary subdivision plat shall be accompanied by preliminary construction plans consisting of:

 

   Having received the approval of the preliminary plat, if applicable, the subdivider shall submit a final plat containing all changes required by the Planning Commission in the preliminary plat. The final plat and the supplementary information shall be certified by a professional surveyor. Construction plans, drawings, and specifications shall be certified by a professional engineer licensed to practice in the State of Ohio.

   The final plat shall be considered officially filed on the day it is received and properly noted and shall be so dated. However, the final plat shall not be considered properly submitted until all applicable fees are paid by the developer (see Schedule of Fees - Section 1185.04) and until all plans, supporting documents, and materials are provided to the Municipal Manager.

      (1)   The total acres being subdivided;

      (2)   Current ownership;

      (3)   Deed reference; and

      (4)   Zoning.

   (d)   The Planning Commission may require the applicant to submit additional topographic information, detailed plans for proposed uses, and other information to determine possible flood or erosion hazards, the effect of the subdivision uses upon flood flows, and the adequacy of proposed flood protection measures. The Planning Commission may consult with expert persons or agencies for technical assistance and advice.

 

   (c)   Acceptance of Dedication Offers - Acceptance of formal offers of dedication of streets, public areas, easements, and parks shall be by the Municipal Council. The approval by the Planning Commission of a subdivision plat shall not be deemed to constitute or imply the acceptance by the local government of any street, easement, or park shown on said plat.

   The subdivider shall notify proper Municipal officials at least 24 hours before each phase of the improvements is ready for inspection. The presence and/or absence of an inspector during construction shall not relieve the subdivider from full responsibility of required improvements to the Municipality of Brookville Construction Standards and Drawings and to the satisfaction of the Municipality of Brookville. See the Municipality of Brookville Design Criteria for inspection requirements. The Municipality will require improvement inspection fees (see Section 1185.04 Schedule of Fees).

   The subdivider shall be in default of the maintenance surety when the required public improvements have not been properly maintained over the 2-year period as established in Section 1181.01 Improvements and Performance Surety or when the required public improvements are not in accordance with the Record Drawings submitted by the subdivider to the Municipality. The same shall apply whenever construction of improvements is not performed in accordance with applicable standards and specifications. In such cases of default, the Municipality shall proceed to utilize the performance surety and/or maintenance surety to construct the required public improvements to the minimum design standards as required in these Regulations.

   (b)   For purposes of street naming, the following is recommended:

   All sidewalks shall be constructed in accordance with the Municipality of Brookville Design Criteria and Construction Standards and Drawings. The developer who constructs a sidewalk is responsible for curb ramps at intersections and any sidewalk located on a public access that may be dedicated to the Municipality at a later time. Homeowners will be required to install sidewalks on individual properties before occupation of the building. Temporary occupancy permits may be issued due to weather constraints. Within 2 years after the maintenance surety is received by the Municipality of that particular phase of the subdivision or once 50% of the lots within that particular phase of the subdivision are developed, sidewalks must be installed on all lots by the developer. If the sidewalks are not installed, before the expiration of the maintenance surety, the Municipality shall follow the Procedure in Case of Default as established in Section 1181.06 to have the sidewalk installed.

 

   The schedule of fees shall be posted in the office of the Municipal Clerk and may be altered, or amended only by the Municipal Council. Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application or appeal.

   The following penalties shall apply to the violations of these Regulations:

   Whoever violates any rule or regulation adopted by the Municipal Council for the purpose of setting standards and requiring and securing the construction of improvements within a subdivision or fails to comply with any order pursuant thereto is creating a public nuisance and the creation thereof may be enjoined and maintenance thereof may be abated by action at suit of the County or any citizen thereof. Whoever violates these Regulations shall forfeit and pay not less than $100.00 nor more than $1,000.00 for each offense. Each day such violation continues shall be considered a separate offense. Such sum may be recovered with costs in a civil action suit brought in the Court of Common Pleas of Montgomery County.

   Whoever, being the owner or agent of owner of any land within or outside a municipal corporation, transfers any lot, parcel or tract of such land from or in accordance with a plat of a subdivision before such plat has been recorded in the office of the County Recorder, shall forfeit and pay the sum of not less than $100.00 nor more than $500.00 for each lot parcel, or tract of land so sold. The description of such lot, parcel, or tract by metes and bounds in the deed or transfer shall not serve to exempt the seller from the forfeiture provided in this section.

   The following Regulations shall govern the granting or variances:

   (a)   Where the Planning Commission finds that extraordinary and unnecessary hardship may result from strict compliance with these Regulations, due to exceptional topographic or other physical conditions, it may vary the Regulations so as to relieve such hardships, provided such relief may be granted without detriment to the public and without impairing the intent and purpose of these Regulations or the desirable development of the neighborhood or community. Such variations shall not have the effect of nullifying the intent and purpose of these Regulations, the Comprehensive Development Plan, or the Zoning Code.

   (b)   In granting variances or modifications, the Planning Commission may require such conditions as will, in its judgment, secure substantially the objective of the standards or requirements so varied or modified.

   Any person who believes he/she has been aggrieved by the Regulations or the action of the Planning Commission, has all the rights of appeal as set forth in the Ohio Revised Code.