It shall be unlawful for any person, organization or entity to subdivide any land within the city, or within any area over which the city has subdivision jurisdiction, unless said subdivision complies with the regulations herein contained. No plat shall be recorded and no land or lot shall be sold until said plat has been approved as herein required. All land contracts and/or long-term leases affecting a present or future subdivision of land, as defined in § 153.005 shall be subject to the requirements of this chapter.

(2003 Code, § 153.060) (Ord. 3459, § 5.01, passed 3-7-2002) Penalty, see § 153.999

   Prior to preparation of a preliminary plat, an owner and/or applicant is encouraged to meet with the Planning and Zoning Board to familiarize himself or herself with the provisions of this code, the comprehensive plan and other applicable requirements.

(2003 Code, § 153.061) (Ord. 3459, § 5.02, passed 3-7-2002)

   (A)   The owner/developer and/or applicant shall submit ten copies of the preliminary plat to the Zoning Inspector at least ten days prior to the date of the Planning and Zoning Board’s meeting. The material required for submittal shall be as follows:

      (1)   Proposed name of the subdivision and its location;

      (2)   Names and addresses of owners and developers;

      (3)   Name, address and registration number of the engineer or surveyor preparing the plat;

      (4)   Date, north arrow and plan scale. Scale shall be one inch equals 100 feet or larger scale;

      (5)   Boundary lines of the proposed development and the total acreage encompassed therein;

      (6)   Locations, widths and names of all existing public streets or other public ways, railroad and utility rights-of-way or easements, parks and other public open spaces;

      (7)   Existing sewers, water mains, culverts and other underground facilities within the tract, adjacent to the tract or that will be used in developing the tract, indicating pipe sizes, grades and locations;

      (8)   The adjoining lines of adjacent tracts, parcels or lots, and names of property owners, and, in the case of a replat of an existing subdivision, the existing lot lines;

      (9)   Existing zoning;

      (10)   Existing drainage channels, wooded areas, watercourses and other significant physical features, including topography with contour lines based on USGS data at not more than a two-foot difference in elevation;

      (11)   Layout of proposed streets, including their names and rights-of-way, easement sewers, waterlines, culverts and other major improvements;

      (12)   Layout, numbering and dimensions of lots;

      (13)   Parcels of land intended to be dedicated or temporarily reserved for public use or reserved by deed covenant with the conditions proposed for such covenant and for the dedications; and

      (14)   Tentative street grades and sewer size and slope.

   (B)   The applicant may present additional plans, renderings or other supportive material as is desired by the applicant.

   (C)   Upon receipt, the Zoning Inspector shall transmit one copy of the application for the preliminary plat to the Director of Public Service, the Fire Chief and other local entities as he or she deems appropriate. Each such entity shall review the application and submit recommendations to the Planning and Zoning Board.

(2003 Code, § 153.062) (Ord. 3459, § 5.03, passed 3-7-2002) Penalty, see § 153.999

   (A)   A subdivision shall be classified as a minor subdivision if the Zoning Inspector determines that the proposed subdivision of land:

      (1)   Adjoins an existing public street and does not involve opening, widening, extension or improvement of any roadway or the installation of any public utilities;

      (2)   Creates no more than five lots;

      (3)   Does not adversely affect adjoining tracts of land; and

      (4)   Complies with the applicable zoning regulations of the city.

   (B)   If the subdivision is classified as a minor subdivision, only such drawings and information as is determined necessary by the Zoning Inspector to determine compliance with pertinent platting, zoning and other regulations need to be submitted for approval. In determining compliance with these standards, the Zoning Inspector may seek input from other departments of the city. If the public water and sewer is not available, the application materials must contain approval of the County Board of Health. The Zoning Inspector shall submit the application for a minor subdivision to the Chairperson of the Planning and Zoning Board, along with a recommendation for approval or disapproval.

   (C)   The Chairperson of the Planning and Zoning Board may approve or disapprove said minor subdivision by indicating upon the preliminary plan “Approved (Disapproved) City of Wellston Planning and Zoning Board”. One copy of the preliminary plan, with such notation thereon, shall be retained for the files of the Planning and Zoning Board.

   (D)    After approval of a minor subdivision by the Chairperson of the Planning and Zoning Board, the owner/applicant may submit a deed or deeds describing lots by metes and bounds, which shall conform to the approved preliminary plan. The Chairperson of the Planning and Zoning Board shall approve such conveyances if they conform to the preliminary plan by noting on said deed or deeds “Approved, City of Wellston Planning and Zoning Board”.

(2003 Code, § 153.063) (Ord. 3459, § 5.04, passed 3-7-2002)

   (A)   The Board shall review and make recommendations on the submitted preliminary plat not later than the second regular meeting following receipt of the review by the Director of Public Service. In reviewing the preliminary plat, the Planning and Zoning Board may seek the input of other city departments or consultants retained for that purpose. The cost of all reviews deemed necessary by the Board shall be paid by the applicant.

   (B)   The Planning and Zoning Board may recommend to City Council that the submitted preliminary plat be approved, disapproved or approved with modification. In making its recommendation to City Council, the Planning and Zoning Board shall respond to the criteria cited in § 153.060(A).

(2003 Code, § 153.064) (Ord. 3459, § 5.05, passed 3-7-2002)

   (A)   City Council shall take action on the preliminary plat not later than 30 days after receipt of the recommendation from the Planning and Zoning Board, or within such further time as is agreed to by the applicant. A preliminary plat shall not be approved unless the City Council finds that:

      (1)   The proposed subdivision complies with the provisions of the Ohio Revised Code, these regulations and other codes and ordinances of the city as applicable;

      (2)   The preliminary plat is in general compliance with the comprehensive plan of the city;

      (3)   The subdivision can be adequately served with public facilities and services; and

      (4)   All land intended for building sites can be used safely and without endangering the health and safety of the residents by peril from floods, erosion, continuously high water table, poor soil conditions or other menace.

   (B)   Approval of the preliminary plat shall confer upon the applicant the right for a two-year period from the date of approval that the general terms and conditions under which approval was granted will not be changed, and that within the two-year period, the whole, part or parts of the preliminary plat may be submitted for final approval.

(2003 Code, § 153.065) (Ord. 3459, § 5.06, passed 3-7-2002)

   (A)   Upon approval of the preliminary plat, a final plat may be submitted for land being subdivided. The final plat shall be drawn to a scale of one inch to 100 feet on a sheet or sheets 24 by 36 inches in size, or other size and scale as determined appropriate by the Planning and Zoning Board. Such final plat shall include the following:

      (1)   Name of the subdivision and the section number, if it is a portion of the total subdivision;

      (2)   A description giving the number of acres, the military survey number, city, township, county and property owner’s name;

      (3)   Sheet and total number for each sheet, including covenant sheet and construction plan;

      (4)   Scale and north indicator;

      (5)   The bearings and distances of the boundary lines of the subdivision;

      (6)   The bearings and distances of all lot lines or areas dedicated to public uses within the subdivision. In case of curved sides of lots, the tangent deflection angle, the length of the tangent, the length of radius, the length of arc and the length and bearing of the chord shall be given;

      (7)   Lot numbers;

      (8)   The bearing and distances of all straight sections of street centerlines. Curved sections of street centerlines shall show the same information as curved lot lines;

      (9)   Street names;

      (10)   Street, alley and easement widths. Any easements not parallel to property lines shall show the bearings and distances of the lines;

      (11)   The location of all permanent markers or monuments;

      (12)   Building setback lines with their distance from the right-of-way lines;

      (13)   The proposed location of all utilities and easements; and

      (14)   Requested covenants.

   (B)   The final plat of the subdivision shall be a comprehensive plan of the development. It shall incorporate all modifications required by the City Council and otherwise conform to the preliminary plat as approved. The applicant may submit a final plat of only that portion of an approved preliminary plat which he or she proposes to develop and record at the time, provided that such portion conforms to all provisions of these regulations. Nonetheless, all portions of the tract covered by the preliminary plat shall be developed within a two-year period, unless an extension of time is granted by the Board.

(2003 Code, § 153.066) (Ord. 3459, § 5.07, passed 3-7-2002) Penalty, see § 153.999

   Prior to submission of an application for a final plat, the applicant shall prepare construction and grading plans, specifications and cost estimates of the required site improvements and submit three copies to the Board. The items of the estimates shall conform to the city’s regulations and material specifications, as may be subsequently amended, and shall be grouped as follows:

   (A)   Street and parking area improvements, including curb, pavement, sidewalks, street lighting and storm drainage;

   (B)   Water mains, including lines, valves and hydrants;

   (C)   Sanitary sewers, including manholes, Y’s, tee’s and clean-out; and

   (D)   Site improvements, including seeding and sodding.

(2003 Code, § 153.067) (Ord. 3459, § 5.08, passed 3-7-2002) Penalty, see § 153.999

   The Director of Public Service shall review the plans referenced in § 153.062 and, subject to his or her review, they shall be approved or returned with comments. The Director may transmit one or more of the required copies to consultant(s) procured to assist in the review process. If such assistance is sought, it is understood that the cost of such assistance shall be paid by the applicant.

(2003 Code, § 153.068) (Ord. 3459, § 5.09, passed 3-7-2002)

   (A)   The applicant may install, construct, have inspected and approved all required site improvements prior to submitting application for approval of a final plat, or he or she may furnish satisfactory performance guarantees for the construction of such improvements. The cost of reviews of all improvements shall be paid by the applicant. Such inspections and reviews shall be performed by a registered engineer accepted by the city.

   (B)   No lot, parcel or tract shall be transferred from the proposed development, nor shall any construction work on such development, including grading, be started that may affect the arrangements of public streets or other public improvements until the owner has obtained the necessary approvals of the construction and grading plans from the Director of Public Service.

(2003 Code, § 153.069) (Ord. 3459, § 5.10, passed 3-7-2002) Penalty, see § 153.999

   (A)   Application for approval of final plat shall be submitted in writing to the Zoning Inspector at least ten days prior to a regularly scheduled meeting of the Board, together with the final plat and such other material as required in § 153.062. The applicant shall submit all fees as applicable for a final plat, as established by City Council under separate ordinance.

   (B)   The application shall be submitted within two years after approval of the preliminary plat; otherwise, approval of the preliminary plan will become null and void unless an extension is granted by the Board. The Zoning Inspector shall submit the application to the Board at its next regularly scheduled meeting, which shall be the date of submittal of the final plat.

(2003 Code, § 153.070) (Ord. 3459, § 5.11, passed 3-7-2002) Penalty, see § 153.999

   If the final plat as submitted to the Board at a regularly scheduled meeting conforms to the provisions of the Ohio Revised Code and this chapter, and is consistent with the preliminary plat with such changes as required by the Planning and Zoning Board and if satisfactory provision is made regarding site improvements, the Board shall take action on the final plat within 30 days from the date of submittal, or such further time as agreed to by the owner/applicant. If the Board fails to act upon the final plat within the time allotted, the plat shall be considered as approved. The approval of the final plat shall be indicated in writing on the original tracing by the signature of the Chairperson. Reasons for disapproval of a final plat shall be stated in the records of the Board.

(2003 Code, § 153.071) (Ord. 3459, § 5.12, passed 3-7-2002)

   If land is to be dedicated to the public use, the plat shall contain appropriate statements indicating such dedications with provision for acceptance by the city.

(2003 Code, § 153.072) (Ord. 3459, § 5.13, passed 3-7-2002) Penalty, see § 153.999

   A final plat shall be filed and recorded by the applicant in the office of the County Recorder within 60 days following approval by the Board. If the developer fails to file the plat within such period, the approval by the Board shall be null and void. If any change is made in the final plat after approval of the Board, the approval shall be null and void. After recording the final plat, transfer of ownership may take place. The developer shall furnish the city with the original tracings and two prints of the final plat, containing indication of approval by all pertinent parties and the recording of the plat.

(2003 Code, § 153.073) (Ord. 3459, § 5.14, passed 3-7-2002)