Montpelier City Zoning Code

TITLE ONE

Subdivision Regulations

1101.01 TITLE.

These Regulations shall be known and may be cited and referred to as the "Subdivision Regulations of the Village of Montpelier" and shall hereinafter be referred to as these Regulations.

(Ord. 1166. Passed 9-24-01.)

1101.02 PURPOSE.

(a) The purpose of these Regulations is to regulate and control the subdivision of land within the Village.

(b) These regulations are intended to:

(1) Promote the proper arrangement of streets and lots, safe and convenient vehicular traffic and pedestrian circulation, and adequate access for service and emergency vehicles;

(2) Plan for the provision of adequate and convenient recreational and open space areas, school sites, and other public facilities;

(3) Insure the adequate provision of water, drainage, and sanitary sewer facilities, and other health requirements;

(4) Provide the orderly development of land to obtain an overall harmonious and stable community environment;

(5) Coordinate land development in accordance with the Zoning Ordinance, the Village Comprehensive Plan and other regulations of the Village;

(6) Manage the natural resource base for present and future use on a sustained basis. (Ord. 1166. Passed 9-24-01.)

1101.03 JURISDICTION.

These Regulations shall be applicable to all subdivisions of land within the Village. The Council shall have the power of final approval of all plats within its area of jurisdiction.

(Ord. 1166. Passed 9-24-01.)

1101.04 RELATION TO OTHER LAWS.

The provisions of these Regulations shall supplement any and all laws of the state, resolutions by the county, or any and all rules and regulations promulgated by authority of such law or resolution relating to the purpose and scope of these Regulations. Whenever the requirements of these Regulations are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances, or resolutions, the most restrictive or that imposing the highest standard shall govern. These Regulations shall be interpreted as minimum requirements.

(Ord. 1166. Passed 9-24-01.)

1101.05 AMENDMENTS.

These Regulations may be amended after public hearings and other requirements as required by the Ohio Revised Code and as outlined in Section 1117.02 of this Chapter.

(Ord. 1166. Passed 9-24-01.)

1101.06 DEFINITIONS.

For the purpose of these Regulations, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(a) “Commission” shall mean the Planning Commission of the Village of Montpelier.

(b) “Council” shall mean the Village Council of the Village of Montpelier, Ohio.

(d) “Half street” means a platted street which is only one half of the width specified herein to be partially developed pending future development of adjacent property. The platting of half streets is not acceptable under the guidelines of these Regulations.

(e) “Lot” means a parcel of land intended for transfer of ownership or building development, having frontage upon a public street.

(f) “May” means an optional requirement.

(g) “Municipality” shall mean the Village of Montpelier, Ohio.

(h) “Plat” means a map, drawing, or chart showing the Subdivider’s plan of Subdivision.

(i) “Plat, final” means a plat of the proposed subdivision drawn upon mylar or tracing cloth to a scale of not more that 100 feet to the inch from an accurate survey on one or more sheets and shall not exceed 24 by 36 inches. If more than two sheets are required an index sheet of the same dimension shall be filed showing the entire subdivision on one sheet and the component areas on the other sheets.

(j) “Plat, preliminary” means a drawing of the proposed subdivision which contains those items required in Chapter 1105.

(k) “Plat, sketch” means a plat of proposed subdivision which may be presented to the Planning Commission, Engineering Department, Utilities Department, or the Village Manager for discussion and planning purposes. A sketch plat may be a useful and cost effective device for receiving input on a subdivision prior to more preparing a more costly preliminary plat.

(l) “Shall” means a mandatory requirement.

(m) “Sidewalk” means a paved walkway, normally concrete, reserved for non- motorized vehicle and pedestrian traffic.

(n) “Street” means a highway or thoroughfare open to vehicular traffic providing access to residential, commercial, or other abutting property, which also includes the unpaved portion of street commonly called the tree lawn or terrace.

(o) “Subdivider” means the owner of property within the Municipality, or an agent there of, who desires to subdivide said property.

(p) “Subdivision” means a 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 which is less than five acres for the purpose, whether immediate of future, of transfer of ownership; 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; or the division or allocation of land as open spaces for common use by owners, occupants, or leaseholders; or as easements for the extension or maintenance of public sewers, water lines, storm drainage, or other public facilities. There are exceptions which are: the division of land into parcels of more than five acres not involving any new streets or easements of access, the division of land duly approved by the Commission between adjoining lot owners, and the division of land duly approved by the Commission not involving any new streets or easements of access which may create building sites.

(q) “Surveyor” means a person licensed and registered to practice surveying in the State of Ohio. (Ord. 1166. Passed 9-24-01.)

1105.01 PRELIMINARY APPROVAL OF PLATS.

(a) A subdivider desiring to secure the approval of a plat shall submit an application for such approval in writing along with three copies of the proposed preliminary plat. These shall be filed with the Zoning Inspector and shall be distributed by the Zoning Inspector to the Council, Commission, and Utilities Department. Said preliminary plat shall be delivered to the Zoning Inspector at least fourteen days prior to a regular meeting of the Commission. Following review of said plat to determine its conformity with the standards set forth herein, the Commission shall then recommend approval, disapproval, or conditional approval at said preliminary plat and report to the Council. The Council shall review said preliminary plat, approve, disapprove, or conditionally approve the same and shall notify the subdivider of the decision. Approval of the engineering details of the proposed roads, sanitary sewers, storm drains, water supply, power supply, and other proposed public utilities by the appropriate Municipal Departments shall be required prior to approval of the final plat.

(b) Following approval of the preliminary plat by the Council, and approved by the appropriate Municipal Departments, the subdivider shall install the required improvements or furnish a bond for such installation in accordance herewith prior to the sale of any lots or parcels within the subdivision. Upon approval of the improvements or arrangements therefor, the final plat shall be submitted in accordance with the provisions herein.

(c) A preliminary plat may be on one or more sheets and should include name and address of the developer/owner, name of the subdivision, names and locations of adjacent subdivisions, street and lot layout with street names and lot numbers, existing utilities, front yard setbacks, any deed subdivision restrictions, proposed grades of streets, proposed grades of utilities, easements reserved for public use, either topographical contours at two foot intervals or an elevation grid at 100’ spacing, where applicable location of the 100 year flood plain, and shall be certified by a registered professional surveyor.

(d) The preliminary plat shall be accompanied by a filing fee from time to time as determined by the Council, following a recommendation from the Commission.

(Ord. 1166. Passed 9-24-01.)

1105.02 FINAL APPROVALS.

(a) The final plat and accompanying documents shall either on the plat or in accompanying schedules referenced on the plat show:

(1) The name of the subdivision, the scale of the plat, points of the compass, and the name of the owner or owners of subdivision.

(2) The boundary lines of the area being subdivided with accurate distances and angles. The correct legal description of the property being subdivided shall be shown on the plat. The area of each lot and the area of the dedicated rights-of-way shall also be noted on the plat or accompanying schedule.

(3) The lines of all proposed streets and alleys with their widths and names of all streets.

(4) The accurate outline of any portions of the property intended to be dedicated for public use, with the purpose indicated thereon.

(5) The lines of all adjoining property and the lines of adjoining streets and alleys with their widths and the names of all streets.

(6) All lot lines together with an identification of all lots. Lots must be identified by number.

(7) The location of all easements provided for public use services, or utilities.

(8) All dimensions, both linear and angular, necessary for locating boundaries of the subdivision lots, streets, alleys, easements, and other areas for public or private use. Linear dimensions are to be given to the nearest one-hundredth of a foot.

(9) The radii, arcs, or chords, tangent distance, length and bearing of chords, points of tangency, and central angles for all curvilinear streets.

(10) The certificate of a registered surveyor attesting the accuracy of the survey and the correct location of all monuments shown.

(11) Should private restrictions and trusteeships and their periods of existence be of such length as to make their lettering on the plat impractical and thus, necessitate the preparation of a separate instrument, reference to such instrument shall be made on the plat and such documents shall accompany the plat during the approval and recording process.

(12) Calculations showing the error of linear closure which error, shall, in no case be greater than one in 10,000.

(13) Acknowledgment of the owner to the plat, and restrictions including dedication to the public use of all streets, alleys, parks, or other open spaces shown thereon and the granting of easements required and a notarized certification of the same shall appear on the plat.

(14) Certification by the County Auditor that there are no unpaid taxes of assessment upon any part of the area of the subdivision.

(15) Space for signatures of the owners of the property, the Chairperson of the Commission, Council, the County Recorder, the County Auditor and Notary Public.

(b) The final plat shall be submitted to the Commission for a recommendation to the Council to approve, disapprove, or approve with conditions. After such recommendation, the Zoning Inspector shall certify such recommendation to the Council, and the Council shall then give its approval, disapproval or conditional approval of said plat.

(c) The final plat as approved by the Council shall be filed in the office of the Recorder and Auditor of the County, within three months of the date of Village Council approval. If said final plat is not recorded within three months, the approval of the Council of the final plat shall be null and void. A plat of any subdivision submitted for approval must be approved or disapproved within thirty days after submission. If the plat is neither approved or disapproved within such period of time, it is considered approved, and in such cases, upon written demand, the fact of such failure to take action on such final plat shall be indicated in writing thereon within the prescribed time. In the event of disapproval of a plat, the proper body must enter upon its record the reason for such disapproval. Two copies of the recorded plat, one of which shall be on mylar, shall be returned to the Municipality and kept on file for future reference.

(d) No plat of any subdivision shall be entitled to be recorded in the office of the Recorder of the County or shall have any validity until it has been approved in the manner prescribed herein. It shall be unlawful for the County Recorder to record any plat of a subdivision within the jurisdiction of the Municipality until the plat has been approved as required herein and such approval has been endorsed in writing on the plat.

(Ord. 1166. Passed 9-24-01.)

1109.01 MINIMUM STANDARDS.

The standards and details of design prescribed in this Chapter are intended only as minimum requirements so that the general arrangement and layout of the subdivision may be adjusted to wide variety of circumstances. However, the design and development of the plat, the subdivider should use standards consistent with the site condition so as to assure an economical, pleasant, and stable neighborhood. The following design standards in this Chapter are required.

(Ord. 1166. Passed 9-24-01.)

1109.02 STREETS.

(a) The street layout shall be designed for the most advantageous development of the entire neighboring area. All proposed roadways shall be in alignment with existing planned platted streets with which they are to connect.

(b) Proposed streets shall be adjusted to the contour of the land so as to produce usable lots, streets, or reasonable gradient and economy in cost of improvements.

(c) Wherever there exists a dedicated or platted half street adjacent to the proposed subdivision the other half shall be platted. No additional new half streets shall be permitted on the plat.

(d) A cul-de-sac shall be provided on all permanent dead end streets that are over one lot in length.

(e) Streets shall have a sixty foot right-of-way, a schedule of roadway pavement widths is contained herein. Pavement widths shall be twenty six feet and be measured back of curb to back of curb.

(f) Curbing and or curb and gutter is required. Pavement and curbing specifications are provided herein.

(g) Streets that are an extension of or obviously in alignment with the existing streets shall bear the names of the existing streets. The name of a street shall not duplicate the name of any existing street in the Municipality.

(Ord. 1166. Passed 9-24-01.)

1109.03 ALLEYS.

Alleys are required in all business and industrial districts. Alleys are encouraged and may be allowed in residential districts to promote traditional neighborhood design upon review and approval of the Commission. All alleys must be a minimum of sixteen feet.

(Ord. 1166. Passed 9-24-01.)

1109.04 SIDEWALKS.

(a) Sidewalks may be required by the Commission upon review of the preliminary plat to promote and accommodate subdivisions which generate pedestrian traffic.

(b) Required walks shall be concrete a minimum of five foot in width, four inches in thickness, and placed upon a compacted subgrade with curb ramps at street crossings. Curb ramps shall meet Federal ADA specifications.

(Ord. 1166. Passed 9-24-01.)

1109.05 EASEMENTS.

(a) Easements for the placement of utility lines may include but not be limited to natural gas, water, sewer, storm drainage, telephone, communications, and public lighting and all appurtenances thereto shall be provided in all subdivisions. Preliminary plats shall show easements to be minimum of sixteen feet. Additional width may be required for the final plat upon review of the appropriate utility companies. A 3-1/2 foot easement may be required on each side of an alley to accommodate pole lines.

(b) Where practical all utility easements shall be placed at the rear of lots, however public lighting may require easements along side lot lines when power lines are at the rear of lots. A side lot easement for public lighting shall be a minimum of ten feet in width. Easements of ten feet in width in the front yards abutting each side of the right-of-way of public streets may be required for the installation of certain utilities.

(c) The subdivider shall clear, grub, and reasonably level easements that are intended for the installation of underground utilities by utility companies. Surface conditions should be altered if need be as to not impose undo hardship or wear and tear upon the equipment of the installing utility company.

(Ord. 1166. Passed 9-24-01.)

1109.06 LOT SIZE.

Lot sizes, frontage widths, use, and population density shall be governed by the Zoning Ordinance. (Ord. 1166. Passed 9-24-01.)

1113.01 STANDARDS.

All the improvements herein shall be constructed or installed at the expense of the subdivider and shall be in accordance with the State of Ohio, Department of Transportation, Construction and Material Specifications (latest addition), the specifications of the Municipality, and under the supervision and inspection of the Engineering Department, Street Department, Utilities Department, or Manager as may be involved. (Ord. 1166. Passed 9-24-01.)

1113.02 CONSTRUCTION DRAWINGS.

(a) In addition to the required plat of survey detailed construction drawings shall be submitted. Plans shall include but be limited to line and grade of streets and alleys, line grade of underground utilities, cross sections at fifty foot intervals, and shall be prepared by an Engineer. Plans shall be on 24” x 36” sheets and of a scale of not less than one inch equals twenty feet.

(b) Upon completion of the permanent improvements the subdivider will provide the Village with two copies of “as built drawings” and copies of appropriate field notes. If the subdivider wishes to be eligible for reimbursement of tap fees from person(s) outside of the subdivision utilizing the subdivision infrastructure improvement cost certifications must be provided to the Village within the time and manner specified in Chapter 929.

(c) Prior to constructing permanent improvements the subdivider shall secure all necessary permits to install from the appropriate state and/or federal agencies.

(Ord. 1166. Passed 9-24-01.)

1113.03 SURVEY MONUMENTS AND STAKES.

(a) Permanent monuments shall be accurately set and established at the intersection of all outside boundary lines of the plat. Monuments shall be concrete not less than three feet long and four inches square or round at the top with a round iron pin the full length of the monument set in center, or of some other type approved by the Engineering Department. Iron pins shall also be set at the intersection of the centerline of all streets after paving operations are complete.

(b) Solid iron pins of no less than 1/2” diameter or hollow iron pins of no less than 3/4” diameter and 30 inches long shall be set at the corners of all lots, at the points of curvature and tangency, at the center of all street intersections, at radius points, points of curvature of reverse curves, at points where side lot lines curve or deflect, and at such other points as are necessary to definitely establish all lines of the plat.

(c) Iron pins and monuments removed or destroyed during installation of permanent improvements by the subdivider or his contractor shall be replaced by the subdivider at his expense. All iron pins shall be in place prior to construction on a particular lot.

(Ord. 1166. Passed 9-24-01.)

1113.04 STREETS.

(a) All streets and public ways shall be graded to their full width, including side slopes, to the appropriate grades as specified on the construction drawings and approved by the Engineering Department. Street and curb construction shall be in accordance with the current standards and specifications of the Ohio Department of Transportation with the exception that the Municipality prefers English over Metric units of measure. A copy of the manual is on file in the Engineering Department.

(b) Detailed construction drawings shall show a typical pavement cross section inclusive of curbing, pavement, stone base, and compacted subgrade. A detailed drawing of curbs should also be shown. The slope from pavement centerline to the flowline of the gutter should be a minimum one-fourth (1/4) inch per foot on twenty-six (26)-foot-wide pavements. The centerline grade for streets should be no less than fifty-two percent (52%), no more than eight percent (8%) for mid-block spans, and no greater than four percent (4%) within 100 feet of an intersection.

(c) All streets, walks, drives, and curbs shall be installed upon a suitable compacted subgrade in conformity with the line and grades on the construction drawings. Unsuitable subgrade material shall be removed and a controlled density fill of suitable material shall be installed to the level specified for subgrades. The Engineering Department shall inspect the subgrades and determine their suitability in accordance with ODOT practices.

(d) A compacted stone base of two (2) layers shall be placed on the compacted subgrade. The compacted thickness of the stone base shall be twelve (12) inches. Both layers of stone base shall conform to ODOT 304. Alternative stone bases may be considered by the Engineering Department. Compacted stone base shall conform with the line and grades established on the construction plans.

(e) Two (2) courses of asphaltic concrete shall be placed on the primed and compacted stone base. The prime coat shall conform to ODOT 448. The base course conforming with ODOT 448 shall be placed at a compacted thickness of a minimum of two (2) inches. The surface course conforming with ODOT 448 shall be placed at a compacted thickness of minimum of one and one-half (1.5) inches. The overall compacted thickness of the asphalt shall be three and one-half (3.5) inches.

(f) Concrete streets conforming to ODOT 452 may be considered an alternate to asphalt pavements. The minimum thickness for concrete street shall be six (6) inches, however the Engineering Department may require additional thickness upon review of subdivision plat.

(g) Curbing shall be installed on all streets, cul-de-sacs, and turnarounds in the subdivision with six (6)-inch underdrain at the back of the curb. The underdrain shall be perforated ADS tubing with a sock around the pipe, conforming to ODOT 707.47. The minimum radius for curbing at street intersections is twenty-five (25) feet. Curb and gutter may be ODOT type 2. The Engineering Department will review proposed curbing and make a recommendation to the Commission.

(h) The minimum pavement radius for a cul-de-sac shall be fifty (50) feet measured to back of curb. Cul-de-sacs shall drain from the center to collector basins at or behind the curb line. Cul-de-sacs shall not contain soil islands or landscape plantings.

(i) The minimum width of the paved street shall be twenty-six (26) feet measured back of curb to back of curb. (Ord. 2257. Passed 11-8-21.)

1113.05 WATER LINES.

(a) Water mains shall be of minimum eight inch diameter and be constructed of a material approved by the Municipality, permitted by OEPA, and in accordance with AWWA standards. Water lines shall be installed in accordance with the submitted plans and in compliance with all local and state requirements. Pressure testing and bacteriological certifications are the responsibility of the subdivider and no users will be permitted to use the line until the testing is satisfactorily completed. The testing shall be supervised by an engineer or a person who is an expert in the field.

(b) Individual customer service lines shall have the appropriate service saddles, corporation and curb stops, and shall be Type K copper in all diameters two inch and smaller. Service line materials for larger lines will be at the discretion of the Utilities Department. Individual service lines are normally installed by the Municipality and paid for in the form of connection fees. Subdividers may be permitted to install water taps in accordance with Municipal standards and inspection. Customers with service connections installed by the developer will be eligible for discounts on standard tap fee costs. Water taps installed by the developer shall be located on the as built drawings and staked in the field.

(c) Fire hydrants shall also be installed in all subdivisions served by Montpelier Utilities. Normal hydrant spacing shall be 300’ in residential areas and 500’ in commercial areas. Hydrant locations shall be approved by the Utilities Department and the Chief of the Fire Department.

(d) The preferred location for water mains shall be in the street right-of-way on either side of the paved portion of the street. Water mains crossing paved areas shall have a minimum of four and one half feet of cover from the top of the water main to the top of the finished grade or pavement. Water mains will not be permitted in areas where seasonal weather conditions will make access for repairs impossible. (Ord. 1166. Passed 9-24-01.)

1113.06 SANITARY SEWERS.

(a) Sanitary sewers shall be provided by the subdivider. The detailed construction draws for sanitary sewers shall be certified by a registered professional engineer, permitted and approved by OEPA, and shall be approved by the Utilities Department.

(b) The preferred location for sanitary sewers is in the street right-of-way, however under extenuating circumstances sanitary sewers may be constructed on easements located in side and rear yards. The sewer lines and appurtenances thereto should be located on the easements in a manner that will permit other underground utilities to also use the easement.

(c) A minimum six inch lateral connection to each lot shall be provided by the subdivider. Wherever possible lateral connections shall be made into manholes. Lateral connections to deep sewers shall be raised by using appropriate fittings and shall be extended to the property line at the right-of-way or off of the easement if the sewers are located on easements. Lateral connections (sewer taps) shall be no deeper than eight foot below finished grade. The maximum grade for sewer laterals shall be 6 %, and the minimum grade for laterals shall be .4% and .62% for eight and six inch pipe, respectively. Laterals shall be plugged or capped with appropriate apparatus and shall be marked with a wood stake (2x4 or other similar device) which shall extend from the top of pipe to within two foot of finished grade. Lateral locations and depths shall be noted on the as built drawings. The Municipality may consider the use of one eight inch lateral connection for use by two adjoining lots when the lateral crosses a paved street, however if approved the lateral shall contain both cleanouts and appropriate backflow prevention devices on each lateral. The subdivider shall also install an appropriate Y and caps or plugs.

(Ord. 1166. Passed 9-24-01.)

1113.07 STORM DRAINAGE.

(a) Storm sewers are to be provided by the subdivider. Storm drains shall accommodate the runoff from the flows from developed lots as well as runoff from the proposed streets. Open ditches or drainage swales parallel to the pavement will not be permitted. Storm flows may flow through swales parallel to lot lines to catchbasins located behind the curb.

(b) Storm sewer connections shall be made available for each lot in the subdivision. These connections shall be used for footer drains and downspout tiles.

(c) The subdivider shall show on the construction plans, plat, or other drawings a drainage plan for the subdivision. In areas where the topography will create sheet flows from higher rear yards to lower yards rear lot drainage shall be provided. This may include but not be limited to drainage swales, rear yard tiles, and catchbasins.

(d) The Municipality encourages the subdivider to be creative in designing the stormwater system. Stormwater retention in the paved areas is also encouraged. If the calculated storm flows exceed the reserve capacities of the existing stormwater system or if the existing topography lends itself to natural retention areas storm water retention will be required. The Engineering Department will review drainage proposals and require stormwater retention for any proposed change or expansion of land use and any subsequent increase in storm flows.

(e) In addition to Municipality requirements, the subdivision development shall comply with all State and Federal rules, regulations and policies having jurisdiction over the proposed development including but not limited to the U.S. Army Corps of Engineers, Ohio Department of Natural Resources and the Ohio Environmental Protection Agency.

(f) The one hundred year flood elevation established by the Federal Emergency Management Agency bases on U.S.G.S. datum is 853.91 feet above sea level. No catch basin inlets manhole tops, buildings, roadways, or other permanent structures shall be constructed below this elevation.

(Ord. 1166. Passed 9-24-01.)

1113.08 ELECTRICAL UTILITIES.

(a) The Municipality will install the electrical utilities in the subdivision. This includes but is not limited to primary conductors, secondary conductors, transformers, public lighting, poles, etc. Fees are charged for underground secondary services.

(b) Provisions (easements, access) for underground electric service is required. Underground power for residential areas is preferred by the Municipality, however the Utilities Department will determine the preferred method and type of installation.

(Ord. 1166. Passed 9-25-01.)

1113.09 IMPROVEMENTS BY REAL ESTATE TAX ASSESSMENT.

The subdivider in lieu of making certain improvements at his own expense may petition Council to install a portion of the improvements in the subdivision. After consideration of such a proposal and upon receipt of a written report from the Commission concerning the proposal the Council may decide to install certain improvements and assess the costs for such improvements to the owners of the lots in the subdivision. (Ord. 1166. Passed 9-24-01.)

1113.10 OTHER UTILITIES.

The Municipality does work with and believes that there is a good working relationship between the Municipality and other utility companies. The installation of utilities not owned by the Municipality shall be the responsibility of the subdivider.

(Ord. 1166. Passed 9-24-01.)

1117.01 EXCEPTION/MODIFICATION.

Whenever the tract to be subdivided is of such unusual size or shape or is surrounded by existing developments or unusual conditions that the strict application of the requirements contained in these Subdivision Regulations would result in real difficulties, substantial hardship or injustice, or plain impracticability, the Planning Commission may vary or modify such requirements so that the subdivider may develop his property in a reasonable manner; but so that, at the same time the public welfare and interests of the Municipality and surrounding area are protected and the general intent and spirit of these regulations are protected and the general intent and spirit of these regulations preserved.

(Ord. 1166. Passed 9-24-01.)

1117.02 CHANGES AND AMENDMENTS.

Any regulations or provisions of the Subdivision Regulations may be changed or amended from time to time by Council; however, such changes or amendments shall not become effective until after study and report by the Planning Commission and until after a public hearing has been held; public notice of which shall have been given in a newspaper of general circulation, at least thirty (30) days prior to such hearing.

(Ord. 1166. Passed 9-24-01.)

1117.03 TRANSFER OR SALE OF LAND BY REFERENCE TO OR BY OTHER USE OF PLAT.

It shall be unlawful for the owner, or the agent of an owner, to transfer or sell any land by reference to or by other use of a plat or description unless such plat has been approved as required in the Subdivision Regulations.

(Ord. 1166. Passed 9-24-01.)

1117.04 ENFORCEMENT.

Whoever willfully violates any of the rules and regulations of the Subdivision Regulations, or fails to comply with any order issued pursuant thereto, shall forfeit and pay not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00). Such sum may be recovered with costs in a civil action brought in the court of common pleas of the county by the Law Director in the name of the Municipality. Each day such violation continues shall be considered a separate forfeiture. (Ord. 1166. Passed 9-24-01.)

1117.05 VALIDITY.

If any section, subsection, sentence, clause, or phase of these regulations is for any reason held to be unconstitutional or void, such decisions shall not affect the validity of the remaining portions of these Subdivision Regulations.