Subdividing or platting is the usual means by which open land is converted into building sites. It consists of laying out such land into streets and lots and the installation of the street and sanitary improvements necessary to provide for traffic access and for water, sewer and other utility services. Subdividing is usually the first step in the process of urbanization and urban expansion.

   (A)   The Subdivision Regulations set forth in considerable detail the general principles of design and the minimum requirements for the layout of subdivisions; the street and block layout; minimum right-of-way widths for streets of various categories, alleys and easements for utilities; minimum roadway widths, maximum street grades, minimum sight distances, the treatment of intersections; the sizes, shapes and layout of lots; recommendations with respect to recreational and other desirable open spaces; provisions for drainage, storm water management and sedimentation control; street trees and other improvements.

   (B)   An important general requirement stipulates that a subdivision be so designed as to provide for all public facilities which directly affect the tract to be platted. In general, these may include highways and thoroughfares, sites for schools, parks, playgrounds and other public facilities. The layout of a subdivision is required to conform also with the provisions of the Zoning Ordinance, as these will determine the kind of street layout, lot sizes, and other features of interior design appropriate for the subdivision.

   (C)   All existing and proposed thoroughfares shown on the Thoroughfare Plan as crossing or bordering a proposed subdivision are required to be provided in the general location and at the width designated on the Plan.

   (D)   Other principles of design and minimum requirements and standards pertain largely to the internal layout and development of the subdivision. The location, alignment and width of the street; block length; lot sizes and arrangements; and the extent and character of street and utility improvements to be installed are mainly involved. The purpose of these Regulations is to obtain, through compliance with widely recognized up-to-date principles of design and the installation of street and utility improvements of acceptable standards, healthful, safe and otherwise desirable conditions for the future users of the subdivision.

   (E)   The requirement of the installation of street and sanitary improvements prior to building construction is among the most important provisions of the Subdivision Regulations. These installations are essential to secure the health and safety of the future users of the subdivision, the larger neighborhood, as well as the community.

   (A)   Policies.

      (1)   Public improvements included with and as a part of land subdivision subject to these Regulations shall conform to the be properly related to the Comprehensive Plan, all official land use maps, and the "Design, Construction and Material Specification Handbook for Montgomery, Ohio".

      (2)   Prior to the start of any construction, the developer shall notify the Public Works Director and all utilities, including water, sewer, gas, electric, cable and telecommunication utilities of such construction in accordance with the requirements for notification listed in the "Design, Construction and Material Specification Handbook".

   (B)   Purposes. These Regulations are adopted for the following purposes:

      (1)   To protect and provide for the public health, safety and general welfare of the city;

      (2)   To insure the future growth and development of the city in accordance with the official plans and regulations;

      (3)   To secure safety from fire, flood and other danger, and to prevent over crowding of the land and undue congestion of populations. All subdivision proposals shall be consistent with the need to minimize flood damage;

      (4)   To guide public and private policy and action in order to provide adequate and efficient transportation, water, sewerage, schools, parks, playground, recreation and other public requirements and facilities;

      (5)   To provide the most beneficial relationship between the uses of land and buildings and the circulation of traffic throughout the city, having particular regard to the avoidance of congestion in the streets and highways, and the pedestrian traffic movements appropriate to the various uses of land and buildings, and to provide for the proper location and width of streets and building lines;

      (6)   To establish reasonable standards of design and procedures for subdivisions and resubdivisions, in order to further the orderly layout and use of land; and to insure proper legal descriptions and monumenting of subdivided land;

      (7)   To insure that public facilities are available and will have a sufficient capacity to serve the proposed subdivision;

      (8)   To prevent the pollution of air, streams and ponds; to assure the adequacy of drainage facilities; to safeguard the water table; and to encourage the wise use and management of natural resources throughout the city in order to preserve the integrity, stability and beauty of the community and the value of the land.

   (C)   Authority and conditions.

      (1)   The Public Works Director, subject to the approval of the Planning Commission, shall adopt and publish the "Design, Construction and Material Specification Handbook" setting forth the standards to be used in the design and development of property in the community.

      (2)   A proposed division of an original tract of land may be approved by the Planning Commission without a plat provided the conditions in Section 1105.06(a) are met.

      (3)   Until all applicable fees have been paid in full, no action shall be taken on any application for approval of plats in regards to these Regulations. In addition to such fees, the developer shall be responsible for the actual cost to the city of all inspections, engineering review and testing of materials and soil for the subdivision including final inspections and certification for acceptance of public improvements whether performed by city personnel or others. Such costs may be billed to the subdivider periodically as the work progresses and/or the Development Director may require a deposit to cover such costs. No plat shall be recorded until all required fees are paid by the developer.

   (D)   Interpretation, conflict and separability.

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

      (2)   Conflict with public and private provisions shall be alleviated as provided below:

         (a)   These Regulations are not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, statute or other provision of law. Where any provision of these Regulations imposes restrictions different from those imposed by any other provision of these Regulations or any other ordinance, rule or regulation, or other provision of law, whichever provisions are more restrictive or impose higher standards shall control.

         (b)   These Regulations are not intended to abrogate any easement, covenant, or any other private agreement or restriction, provided that where the provisions of these Regulations are more restrictive or impose higher standards or regulations than such easement, covenant, or other private agreement or restriction, the requirements of these Regulations shall govern.

      (3)   These Regulations and various articles and sections are hereby declared severable. If any article, section, subsection, paragraph, sentence or phrase of these Regulations is adjudged unconstitutional, or invalid by any court of competent jurisdiction, the remainder of the Regulations shall not be affected thereby.

   (E)   Resubdivision of land. Whenever a parcel of land is subdivided and the subdivision plat shows one or more lots containing more than one acre of land and there are indications that such lot or lots will eventually be resubdivided into smaller building sites, the Planning Commission may require that such parcel of land allow for the future widening of streets and the ultimate extension of adjacent streets. Easements providing for the future opening and extension of such streets may be made a requirement of the plat.

   (F)   Sale of land within subdivisions. No owner or agent of the owner of any land located within a subdivision shall transfer or sell any land by reference to, exhibition of, or by the use of a plat of the subdivision before such plat has been approved and recorded in the manner prescribed in these Regulations. The description of such lot or parcel by metes and bounds in the instrument of transfer or other documents used in the process of selling or transferring shall not exempt the transaction from the provisions of these Regulations.

   Any applicant whose subdivision plat has been disapproved by the Planning Commission may within sixty days of such disapproval file a petition appealing the disapproval in the Hamilton County Court of Common Pleas.

   (A)   Whoever violates any of the provisions of these Subdivision Regulations, or any amendment or supplement thereto, shall be guilty of a misdemeanor of the third degree and, upon conviction thereof, shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than sixty days or both.

   (B)   Each and every day during which such violation continues shall constitute a separate offense.