Dennison City Zoning Code
SUBDIVISION BY
RECORDED PLAT
§ 155.385 REPLATS; SUBDIVISION VACATIONS; PLATS OF STREETS; OPEN SPACES; EASEMENTS.
(A) A subdivider proposing the resubdivision of a plat previously recorded in the office of the County Recorder shall follow the same procedure as for a new plat, except that a preliminary map may not be necessary if the changes in street alignment or like changes are not included in the proposal.
(B) Proposals of subdivision vacation or abandonments shall meet the requirements of R.C §§ 711.17 through 711.23. Plats of street openings, widenings and extensions, open spaces for common use by owners, occupants, or leaseholders, and easements for the extension and maintenance of public sewer, storm water drainage, or other public utility shall have the same plat requirements as stated above. Provision for the subdivision of land for use by utility companies shall be considered on the basis of the special conditions in each use.
(Ord. 2317, passed 12-21-2006)
§ 155.386 PRE-APPLICATION MEETING SUGGESTED.
(A) The subdivider should meet with the Planning Commission and appropriate agencies prior to the submission of the preliminary plat. The purpose of this meeting is to discuss, early and informally, the purpose and effect of these regulations and the criteria and standards contained herein. Such meeting is designed to familiarize the developer with the Comprehensive Plan, the major thoroughfare plan, other relevant plans, applicable zoning standards, and present and proposed drainage, sewerage, and water systems for the village.
(B) If, during the consultation, or at a later date, it is determined that the proposed subdivision is feasible and acceptable from these standpoints, the preparation of a preliminary plat for submission to the Planning Commission for formal consideration can occur. No comments or statements made during the consultation shall be construed as a final acceptance of the preliminary plat until the formal approval of the Planning Commission is granted.
(Ord. 2317, passed 12-21-2006)
§ 155.387 PRE-APPLICATION SKETCH AND DATA.
(A) The subdivider should submit to the Planning Commission and appropriate agencies a sketch plan.
(B) The following information shall be discussed at the pre-application conference:
(1) The proposed subdivision in relation to existing community facilities, thoroughfares, manufacturing establishments, residential developments, and existing natural and human-made features such as soil types, vegetation, flood-prone areas and utilities in neighboring areas;
(2) The layout and acreage of streets and any nonresidential sites, such as commercial, industrial, educational or recreational uses within the proposed subdivision;
(3) The proposed location of utilities in the subdivision, if available, or the locations of the nearest sources of water and public facilities for the disposal of sewage and storm water. In areas where such utilities are not available, the proposed method of providing these facilities shall be stated and outlined;
(4) The title and scale of the subdivision, a north arrow and the date; and
(5) The names, addresses and telephone numbers of the owners, developers, and technicians preparing the plan.
(Ord. 2317, passed 12-21-2006)
§ 155.388 PRELIMINARY PLAT.
After approval of the plan in the pre-application state, the subdivider shall submit ten copies of the preliminary plat of the proposed subdivision which shall conform to all requirements established in §§ 155.289 through 155.395 and Appendix A and B of this chapter. The preliminary plat shall not serve as a record plat; its purpose shall be to display the proposal in its proper context and thus, enable the Planning Commission to determine its merit based upon aspects of the proper planning and the public welfare and interest. The preliminary plat shall illustrate the proposed development of the entire parcel.
(Ord. 2317, passed 12-21-2006)
§ 155.389 SUBMISSION TO OHIO DEPARTMENT OF TRANSPORTATION DIRECTOR.
Before any plat is approved affecting land within 300 feet of the centerline of a proposed new state highway or a state highway for which changes are proposed as described in the certification to local officials by the Ohio Department of Transportation (ODOT) Director if any land within a radius of 500 feet from the point of intersection of such centerline with any public road or highway, the Planning Commission shall give notice by registered or certified mail to the ODOT Director. The Planning Commission shall not approve the plat for a maximum of 120 days from the date that the notice is received by the ODOT Director. If the ODOT Director notifies the Planning Commission that he or she shall proceed to acquire the land needed, the Planning Commission shall refuse to approve the plat. If the ODOT Director notifies the Planning Commission that acquisition at this time is not in the public interest or upon the expiration of the 120-day period or any extension thereof agreed upon by the ODOT Director and the property owner, the Planning Commission shall, if the plat is in conformance with all provisions of these regulations, approve the plat.
(Ord. 2317, passed 12-21-2006)
§ 155.390 APPLICATION FOR APPROVAL.
A completed application and questionnaire on forms provided by the Planning Commission, examples of which are set forth in Appendix A and B of this chapter, together with the reproducible copy and ten copies of the preliminary plat showing the supplementary information specified in §§ 155.391 through 155.393 of this chapter, shall be submitted to the Planning Commission at least three weeks prior to its regularly scheduled meeting, along with a fee established by the Village Council.
(Ord. 2317, passed 12-21-2006)
§ 155.391 PRELIMINARY PLAT FORM.
The preliminary plat shall be drawn on one or more sheets not less than 12 inches by 18 inches in size at a preferred scale of one inch equals 50 feet. Another scale, though not preferred, may be used. No ditto marks shall be used.
(Ord. 2317, passed 12-21-2006)
§ 155.392 PRELIMINARY PLAT CONTENTS.
The preliminary plat shall contain the following information:
(A) Proposed name of the subdivision which shall not duplicate or closely approximate the name of any other subdivision in the village;
(B) Location by section, village, township, county and state;
(C) Names, addresses and telephone numbers of the owners, subdividers and the engineers and surveyors who prepared the plat, and appropriate registration numbers and seals;
(D) Date of survey, scale of the plat and north point;
(E) A vicinity map at a preferred scale of one inch equals 400 feet or smaller shall be provided which indicates the relationship of the subdivision to its surroundings. This map shall display all existing subdivisions, roads, tract lines and the nearest existing thoroughfares whenever possible;
(F) Boundaries of the subdivision. Amount of acreage in lots, streets, open spaces and the total acreage shall be shown;
(G) Names of adjacent subdivisions and owners of adjoining parcels of unsubdivided land;
(H) Locations, widths, centerlines, and names of all existing or platted streets, public or private; railroad and utility rights-of-way, easements, permanent buildings, and corporation and township lines; location or wooded areas and other significant topographic and natural features within and adjacent to the plat;
(I) Zoning classifications of the tract and a description or proposed zoning changes;
(J) Existing contours at an interval of:
(1) One foot where average slopes do not exceed 5%;
(2) Two feet where average slopes exceed 5% but do not exceed 15%; and
(3) Five feet where average slopes exceed 15%.
(K) Location of existing sewers, drainage tile, water mains, culverts, or other underground utilities within the tract or adjacent thereto, with pipe sizes, depth, and grade indicated; also location of existing and proposed easements. Separate sheets may be used when appropriate;
(L) Location, names, and dimensions of existing and proposed sheets, alleys, crosswalks, and other easements. Names shall not duplicate or closely approximate any existing street name in the county;
(M) All building setback lines with dimensions shown graphically;
(N) Location and dimensions of all proposed utility and sewers (including easements), showing their connections with existing systems;
(O) If no central water or sewage system exists, the subdivider shall state the type of system he or she proposes to use. A proposal of on-lot sewage disposal shall require the soil conditions encountered in the area of the proposed subdivision to be identified. A central sewage treatment plant or central water system shall be constructed when deemed necessary by the appropriate public agency. The connection to available central facilities shall be mandatory;
(P) Soils information including soil types, location and engineering properties related to intended uses should be identified on the plat for existing soils or proposed fill sources. In addition, soil capabilities and limitations for the intended land use shall appear. This information can be obtained at no charge from the Soil and Water Conservation District of the county;
(Q) Layout, numbers and approximate dimensions of each lot;
(R) Parcels of land in acres to be reserved for public use or to reserved by covenant for residents for the subdivision;
(S) High water levels in the vicinities of lakes, rivers and other natural bodies of water; and
(T) Certificate of preliminary approval by the Planning Commission shall be located on the plat.
(Ord. 2317, passed 12-21-2006)
§ 155.393 SUPPLEMENTARY INFORMATION.
The following information shall be supplied in addition to the requirements in § 155.392 of this subchapter:
(A) Statement of proposed use of lots, giving type (single, duplex and the like) and number of dwelling units by type along with and proposed business or industry use;
(B) Location and approximate dimensions of all existing buildings;
(C) For commercial and industrial development, the locations, dimensions, and approximate grade of proposed parking for loading areas, alleys, pedestrian walkways, streets, and the points of vehicular ingress and egress to the development; and
(D) Description of available proposed covenants and restrictions.
(Ord. 2317, passed 12-21-2006)
§ 155.394 FILING OF THE PRELIMINARY PLAT.
The preliminary plat shall be considered officially filed on the day it is received by the Planning Commission and shall be so dated. The Planning Commission shall notify the subdivider of any additional data required and Planning Commission action may be delayed until such data is received. Filing shall be at least three weeks prior to the regularly scheduled meeting.
(Ord. 2317, passed 12-21-2006)
§ 155.395 REVIEW AND APPROVAL OF PRELIMINARY PLAT.
(A) The Planning Commission shall forward copies of the preliminary plat to the Village Council, Village Zoning Administrator and other such officials and agencies as may be necessary for the purpose of study and recommendation.
(B) The subdivider, or his or her agent, may be required to meet with certain agencies and the Planning Commission to discuss pertinent problems, all corrections or clarifications agreed upon during such meetings shall be incorporated either in the preliminary plat drawing or in subsequent plans as approved by the Planning Commission.
(C) After receipt of reports from such officials and agencies, the Planning Commission, at its regular meeting, shall determine whether the preliminary plat shall be approved, approved with deficiencies and conditions noted, or disapproved. The subdivider shall be notified in writing of the action of the Planning Commission. If a plat is disapproved, the reasons for such disapproval shall be stated in writing. Furthermore, any form of approval of a preliminary plat shall be contingent upon compliance with all other applicable regulations of the village.
(Ord. 2317, passed 12-21-2006)
§ 155.396 APPROVAL PERIOD.
The approval or approval with noted deficiencies and comments of the preliminary plat shall be effective for a maximum period of 12 months of the date of Planning Commission action and shall guarantee that the terms under which the approval was granted will not be affected by changes to these regulations.
(Ord. 2317, passed 12-21-2006)
§ 155.397 FINAL PLAT REQUIRED.
The subdivider, having received the approval of the preliminary plat and obtained the necessary signature from the Planning Commission, shall submit the final plat of the subdivision along with the required drawings and specifications if improvements. Such final plat shall incorporate all changes in the preliminary plat as required by the Planning Commission. Otherwise, it shall conform to the preliminary plat, and it shall constitute only that portion of the approved preliminary plat which the subdivider proposes to record and develop at the time. The final plat shall be prepared by a qualified registered engineer.
(Ord. 2317, passed 12-21-2006)
§ 155.398 APPLICATION FOR APPROVAL OF FINAL PLAT.
A completed application and questionnaire, on forms provided by the Planning Commission, together with the reproducible copy and ten copies of the plat and the supplementary information specified hereinafter, shall be submitted to the Planning Commission. A fee, as determined by the Village Council, shall accompany the submission. The deadline for submission is at least three weeks prior to the regularly scheduled meeting.
(Ord. 2317, passed 12-21-2006)
§ 155.399 REGULATIONS GOVERNING DRAWINGS SUBMITTED.
§ 155.400 FINAL PLAT FORM.
The final plat shall be legibly prepared in waterproof ink on tracing cloth or other material of equal permanence. It shall be drawn at a scale of not less than 100 feet to the inch and shall be one or more sheets 25 inch by 29 inch in size, with a one-half inch border and a one and one-half inch binding on left edge. If more than one sheet is needed, each sheet shall be numbered and the relation of one sheet to another clearly shown. No ditto marks or abbreviations shall be used on the plat. The County Recorder’s requirements for recording purposes shall be met.
(Ord. 2317, passed 12-21-2006)
§ 155.401 FINAL PLAT CONTENTS.
The final plat shall contain the following information:
(A) Name of the subdivision, location by section, village, township, county and state;
(B) Metes and bounds description of the entire parcel included on the plat;
(C) Date, north point and acreage;
(D) Name and address of the subdividers, owners, the professional engineers who prepared the improvement plans and the registered surveyors who prepared the plat and their appropriate registration numbers and seals;
(E) Primary control points and descriptions or ties to such shall be shown on the plat;
(F) All plat boundaries, proposed lot lines and bearings to half minutes with length of courses to 1/100 of a foot;
(G) Centerlines of streets and rights-of-way of street, alleys, easements with accurate dimensions, bearings or deflection angles and radii, arcs and central angles of all curves. Linear dimensions shall be expressed by bearings and distances in feet and hundredths thereof. All dimensions, both linear and angular, are to be determined by an accurate control survey in the field which must balance and close within the limit of one in 10,000;
(H) Names of existing and proposed streets or other rights-of-way. Names shall not duplicate or closely approximate other street names in the county;
(I) Location, width and purpose of easement;
(J) Number to identify each lot, site or block. All lots and blocks shall be numbered progressively;
(K) Dedication of streets, reserved areas or other applicable areas within the boundaries of the plat;
(L) Excepted parcels or out lots which shall be marked “not included in plat”;
(M) Minimum building setback lines on all lots and other sites displayed graphically with dimensions from street lines. For large numbers of lots, a typical lot may be shown;
(N) Accurate location and description of all monuments. If in place, a letter so stating their placement shall be submitted;
(O) Previous lots or blocks and their numbers indicated by relatively thinner lines or other visible method (in the case of a replat);
(P) A copy of any available restrictive covenants in form for recording shall be presented with the final plat to the Planning Commission;
(Q) Flood hazard information of the area as identified on the federal flood insurance maps;
(R) Minimum finish grade elevations at the established setback lines of the subdivision lots; and
(S) Whether or not a preliminary plat has been submitted, the requirements of § 155.392(P) of this subchapter shall be submitted on the final plat.
(Ord. 2317, passed 12-21-2006)
§ 155.402 CERTIFICATIONS OF APPROVAL.
The following certifications shall be placed on the final plat and are mandatory for the final approval and recording of the plat:
(A) Certification by a registered surveyor to the effect that the plat represents an accurate survey and that all monuments shown thereon actually exist and that their location is shown correctly and by a registered engineer that all improvements plans are accurate;
(B) Notarized certification of ownership of the land being platted and acknowledgement and adoption of the plat and dedication of streets and open spaces;
(C) Certification of approval by the County Board of Health (Health Commissioner) where sewer or public water is not available;
(D) Certification of approval by the Planning Commission;
(E) Certificate for acceptance by the village of any street or highway whose dedication has been requested;
(F) Certification of approval by the County Auditor stating that all taxes and assessments on the land in the subdivision have been paid and the County Auditor’s certificate of transfer;
(G) Certificate of the County Recorder;
(H) Certificate of approval by the Village Zoning Administrator; and
(I) Such other certificates, affidavits, endorsements or dedications as may be required by the Planning Commission in the administration of these regulations.
(Ord. 2317, passed 12-21-2006)
§ 155.403 REVIEW AND APPROVAL OF FINAL PLAT.
(A) The Planning Commission, at its regular meeting, shall approve, with noted deficiencies and conditions, or disapprove the final plat within 30 days after it has been filed. Failure of the Planning Commission to act upon the final plat within such time shall be deemed as approval of the plat. If the plat is disapproved, the grounds for disapproval shall be stated in the records of the Planning Commission, and a copy of such record shall be forwarded to the subdivider. If approved with noted deficiencies and conditions, the subdivider shall make the necessary corrections and resubmit the final plat for approval to the Planning Commission within the specified time stipulated on the application form. If approved, the subdivider will be notified in writing and must obtain the signature of the Chairperson of the Planning Commission within the specified time stipulated on the application form. Therefore, in all cases, the subdivider shall be informed in writing of the action of the Planning Commission.
(B) An approved subdivision or a subdivision approved with noted deficiencies and conditions must be signed by the Planning Commission within 12 months of the approval date of the Planning Commission or it will be considered null and void.
(Ord. 2317, passed 12-21-2006)
§ 155.404 TRANSMITTAL OF COPIES AND IMPROVEMENTS.
(A) Prior to the Chairperson of the Planning Commission signing the plat, the Village Council, and the Village Zoning Administrator shall have signed the original tracing. All required improvements shall have been installed or the necessary performance guarantee for the ultimate installation of such improvements provided as specified in §§ 155.460 through 155.462 of this chapter.
(B) When a final plat has been approved and all conditions for approval have been satisfied, the Chairperson of the Planning Commission or his or her designee shall sign the certificate of approval on the original tracing and return it to the subdivider. It shall be the responsibility of the subdivider to gain all other necessary certifications before filing the plat with the County Recorder. After the plat is recorded, the original plat or a Mylar reproduction shall be filed with the County Engineer.
(Ord. 2317, passed 12-21-2006)