West Liberty City Zoning Code
CHAPTER 1175
Procedure for Subdivision Approval
1175.01 PRE-APPLICATION MEETING REQUIRED.
1175.02 PRE-APPLICATION SKETCH CONTENT.
The subdivider shall submit to the designated representative of the Planning Commission a sketch plan, legibly drawn at a suitable scale and containing proposed name of subdivision, location, north point, vicinity map, boundaries of the subdivision and its acreage, existing and proposed streets, lot lay-out and existing natural and man-made features such as soil types, vegetation, contours and service facilities. The Planning Commission's designated representative shall forward copies of the Sketch Plan to a sketch plan review committee for the purpose of study and recommendation.
(Ord. 2021-17. Passed 9-8-21.)
1175.03 PRE-APPLICATION SKETCH MEETING REQUIRED.
The subdivider shall meet with the Village Planning Commission or its designated representative and other officials and agencies as may be necessary prior to submitting the preliminary plat. The purpose of this meeting is to discuss early and informally the Preapplication Sketch; the purpose and effect of these regulations and the criteria and standards contained therein; and to familiarize the subdivider with the comprehensive plan, the major thoroughfare or streets plan, and the parks and public open space systems, he zoning regulations, and the drainage, sewerage and water systems for the Village of West Liberty, Ohio.
(Ord. 2021-17. Passed 9-8-21.)
1175.04 PRELIMINARY PLAT REQUIRED.
After the pre-application sketch meeting is held, the subdivider shall submit a preliminary plat of the proposed subdivision which shall conform with the requirements set forth in Sections 1175.05 to 1175.11, inclusive. The Preliminary Plat shall include all the property which the subdivider ultimately plans to subdivide.
(Ord. 2021-17. Passed 9-8-21.)
An application for the tentative approval of the preliminary plat on forms provided by the Village, together with a minimum of ten (10) copies of the preliminary plat and the supplementary information specified in Section 1175.06 to 1175.11, inclusive, shall be submitted to the Village Planning Commission's designated representative at least fourteen (14) days and not more than thirty (30) days prior to the meeting of the Commission at which action is requested. The preliminary plat shall be prepared by an Ohio registered professional engineer.
(Ord. 2021-17. Passed 9-8-21.)
1175.06 PRELIMINARY PLAT FORM.
The preliminary plat shall be drawn at a scale of not less than one (1) inch equals one hundred (100) feet, and shall be one (1) or more sheets twenty-four (24) by thirty-six (36) inches in size. (Ord. 2021-17. Passed 9-8-21.)
1175.07 PLAT CONTENTS.
(a) The preliminary plat shall conform with the Technical Design Standards as required.
(b) The preliminary plat shall contain the following information:
(1) Proposed name of the subdivision, which shall not duplicate or closely approximate the name of any other subdivision in the County.
(2) Location by section, range, and township.
(3) Names, addresses, and telephone numbers of the owner, subdivider, professional surveyor who prepared the plat and the name, address, and telephone number of the engineer who supplied the supplementary information.
(4) Date of survey.
(5) Scale of the plat, north point, and date.
(6) Boundaries of the subdivision and its acreage.
(7) Names of adjacent subdivisions, owners of record of adjoining parcels of unsubdivided land, and the location of their boundary lines.
(8) Locations, widths, and names of existing streets, railroad right-of-ways, easements, permanent buildings, and corporation and township lines; location of wooded areas and other significant natural items, soil types and soil limits, limits of Flood Hazard zones.
(9) Zoning classification of the tract and adjoining properties.
(10) Existing contours (USGS datum) at an interval of not greater than two (2) feet if the slope of the ground is fifteen percent (15%) or less; and not greater than five (5) feet where the slope is more than fifteen percent (15%).
(11) Existing sewers, water and gas mains, culverts and other underground structures, and electric and telephone poles and lines and other above ground structure within and adjacent to the tract.
(12) Layout, names and widths of proposed streets and easements.
(13) Building setback lines with dimensions.
(14) Layout and dimension of all proposed water and sewer lines, showing their connections with existing systems, and all proposed easements for utility, water, and sewer lines.
(15) Layout, numbers and approximate dimensions of each lot. When lots are located on a curve or when side lot lines are not at ninety (90) degree angles, the width at the building line shall be shown, if it is less than the frontage width. Location of access from the lots to the proposed streets shall be shown.
(16) Parcels of land to be reserved for public use or to be reserved by covenant for residents of the subdivision.
(17) The limits of all Flood Hazard Areas (zone A, AE, B, and X) as determined by the Federal Emergency Management Agency (show the FEMA map number and date). The Base Flood Elevation shall be determined and shown. Minimum first floor elevations shall be shown for all lots located within Flood Hazard Areas.
(Ord. 2021-17. Passed 9-8-21.)
1175.08 SUPPLEMENTARY INFORMATION.
(a) The following information shall be supplied in addition to the requirements in Section 1175.07. All drawings shall be twenty-four (24) by thirty-six (36) inches in size and at scales suitable for review as determined by the Village Engineer.
(1) Statement of proposed use of lots, giving type and number of dwelling units; and type of business or industry if use is not residential.
(2) Description of proposed covenants and restrictions.
(3) Description of proposed zoning changes.
(4) Typical street sections and tentative profiles of streets and other related improvements. Calculations as required to justify horizontal and vertical curves, pipes sizes, etc. The Village Engineer shall have approved the layout and design of the lots, streets and other improvements prior to the preliminary plat approval.
(5) A preliminary drainage plan which shall identify adequate drainage outlets and shall contain adequate measures for control of erosion and siltation and for surface water management. The Village Engineer shall have approved the preliminary drainage plan prior to the preliminary plat approval.
(6) Letters from utility companies, as required, indicating approval of easement locations and widths prior to the preliminary plat approval.
(7) A vicinity map at a scale of not more than six thousand (6000) feet to an inch shall be shown on, or shall accompany, the preliminary plat. This map shall show all existing subdivisions, road and tract lines, together with the names of the owners of land immediately adjoining the proposed subdivision and between it and the nearest existing thoroughfares. It shall also show the most advantageous connections between the roads in the proposed subdivisions and between it and the nearest existing thoroughfares.
(Ord. 2021-17. Passed 9-8-21.)
1175.09 FILING.
The preliminary plat shall be considered officially filed on the day which it is accepted for processing by the Village Planning Commission's designated representative and shall be so dated. A filing fee shall be charged, as indicated in Section 1181.04.
(Ord. 2021-17. Passed 9-8-21.)
1175.10 APPROVAL OF PRELIMINARY PLAT.
The Village Planning Commission's designated representative shall forward copies of the preliminary plat to such officials and agencies as may be necessary for the purpose of study and recommendation. These shall include at least the Village Engineer, Fire Department, Village Street Superintendent, Soil and Water Conservation District, and the Village Water and Sewer Departments. After receipt of reports from such officials and agencies, the Planning Commission shall determine whether the preliminary plat shall be approved, approved with modifications, or disapproved. If a plat is disapproved, the reasons for such disapproval shall be stated in writing. The Planning Commission shall act on the preliminary plat within thirty (30) days after filing unless such time is extended by agreement with the subdivider. When a preliminary plat has been approved by the Village Planning Commission, the chairperson shall sign one (1) copy for the file and one (1) copy for the developer. Approval of the preliminary plat shall not constitute approval of the final plat.
(Ord. 2021-17. Passed 9-8-21.)
1175.11 CONSTRUCTION AND UTILITY PLAN REQUIREMENTS.
Based on the approved preliminary plat and the required modifications relating thereto, if any, the subdivider shall cause to be prepared by an Ohio registered professional engineer a complete set of drawings and specifications of the proposed improvements. The plans shall include typical sections, plan and profile views, construction details, estimate of quantities, estimate of costs, etc. The Village Engineer shall not approve the plans until the plans have been approved by the appropriate water and sanitary sewer service provider, and the appropriate utility companies. The plans shall be approved in advance by the Village Engineer before commencement of construction. The plans shall be prepared in accordance with the Technical Design Standards and other applicable standards. The plans shall be reviewed and approved in thirty (30) days by the Village Engineer before commencement of construction.
(Ord. 2021-17. Passed 9-8-21.)
1175.12 APPROVAL PERIOD.
The approval of the preliminary plat shall be effective for a maximum period of twenty-four (24) months unless an extension is requested in writing by the subdivider and granted in writing by the Village Planning Commission and shall guarantee that the terms under which the approval was granted will not be affected during the approval period by changes to these regulations. (Ord. 2021-17. Passed 9-8-21.)
1175.13 SUBDIVIDER'S AGREEMENT.
Prior to the approval by the Village Engineer of the construction and utility plans for the subdivision as required in Section 1175.11, the subdivider shall enter into an agreement with the Village Council providing for the construction and maintenance of the public facilities and improvements necessary for the development of the subdivision. The agreement shall be the standard agreement used by the Village for similar subdivisions. The agreement may be amended by the Village from time to time.
(Ord. 2021-17. Passed 9-8-21.)
1175.14 FINAL PLAT REQUIRED.
The subdivider, having received approval of the preliminary plat of the proposed subdivision, shall submit a final plat of the subdivision. The final plat will have incorporated all changes in the preliminary plat required by the Planning Commission. Otherwise, it shall conform to the preliminary plat. The final plat may constitute only that portion of the approved preliminary plat which the subdivider proposes to record and develop at the time.
(Ord. 2021-17. Passed 9-8-21.)
1175.15 APPLICATION FOR FINAL PLAT APPROVAL.
An application for approval of the final plat on forms provided by the Village Planning Commission, together with a minimum of ten (10) copies of the plat and the supplementary information specified, shall be submitted to the Village Planning Commission's designated representative at least fourteen (14) days and not more than thirty (30) days prior to the meeting of the Commission at which action is requested. The final plat shall be prepared by an Ohio registered professional surveyor.
(Ord. 2021-17. Passed 9-8-21.)
1175.16 FINAL PLAT FORM.
The final plat shall be legibly drawn in India ink or photographically reproduced on Mylar or other materials of equal permanence. It shall be drawn at a scale of not less than one (1) inch equals one hundred (100) feet, and shall be one (1) or more sheets twenty-four (24) by thirty-six (36) inches in size. If more than one (1) sheet is needed, each sheet shall be numbered and the relation of one sheet to another clearly shown. The Final Plat shall be provided to the Village Engineer in an acceptable digital format, if available.
(Ord. 2021-17. Passed 9-8-21.)
1175.17 FINAL PLAT CONTENTS.
(a) The final plat shall conform with the Technical Design Standards as required.
(b) The final plat shall contain the following information:
(1) Name of the subdivision, location by section, range and township; date, north point, written and graphic scale and acreage.
(2) Names and addresses of the subdivider, and the professional surveyor who prepared the final plat.
(3) Plat boundaries, based on accurate traverse, with directional and lineal dimensions.
(4) Bearings and distances to nearest established street lines or other recognized permanent monuments.
(5) Exact locations, right-of-way, and names of all streets within and adjoining the plat to be verified with the Map Room.
(6) Radii, internal angles, points of curvature, tangent bearings, lengths of acres, and lengths and bearings of chords.
(7) All easements and right-of-ways provided for public services or utilities. All plats shall contain a restriction that no permanent structures, plantings, or landscaping etc. shall be permitted in the easement area.
(8) All lot numbers and lines with accurate dimensions in feet and hundredths. House numbers may be required to be shown.
(9) Accurate location and description of all monuments. The plat shall clearly indicate which monuments are in place at the time of certification of the Final Plat by the surveyor. The plat shall also clearly indicate which monuments will be placed, if any, after construction of the improvements and before the completion date.
(10) Accurate outlines of areas to be dedicated or reserved for public use, or any area to be reserved for common uses of all property owners.
(11) The limits of all Flood Hazard Areas (show the FEMA map number and date). Base Flood Elevations and minimum first floor elevations shall be shown for all lots located within Flood Hazard Areas.
(12) Restrictions and covenants the subdivider intends to include in the deeds to the lots in the subdivision.
(13) Certification by a registered surveyor to the effect that the plat represents a survey performed by him or her; that all dimensional details are correct; and that the monuments shown thereon were or will be placed by the established completion date or prior to the sale of each lot, whichever occurs first (See Section 1175.16).
(14) Notarized certification by the owner or owners of the authorization of the plat and dedication of streets and other public areas.
(15) An overlay map including the names of adjacent subdivisions, owners of record of adjoining parcels of unsubdivided land, and the location of their boundary lines.
(16) A vicinity map at a scale generally not more than six thousand feet to an inch shall be shown on, or shall accompany, the final plat.
(17) A written legal description of the boundaries of the subdivision.
(Ord. 2021-17. Passed 9-8-21.)
1175.18 SUPPLEMENTARY INFORMATION.
(1) If a zoning change is involved, certification from the Zoning Officer shall be required indicating that the change has been approved and is in effect.
(2) A letter from the Village Engineer shall be required stating that all required improvements have been either installed and approved by the proper officials or agencies, or that a bond or other surety has been furnished assuring installation of the required improvements.
(Ord. 2021-17. Passed 9-8-21.)
1175.19 FILING.
The final plat shall be filed with the Village Planning Commission not later than twenty-four (24) months after the date of approval or extension of the preliminary plat; otherwise it will be considered void. (Ord. 2021-17. Passed 9-8-21.)
1175.20 GUARANTEE FOR INSTALLATION OF IMPROVEMENTS.
Prior to the granting of approval of the final plat the subdivider shall have installed the required improvements, or shall have furnished a performance bond or certified check to the Village for the amount of the estimated construction cost of the installation of the improvements as approved by the Village Engineer. The Village has the right to determine the kind of surety that will be accepted. Before the bond, certified check is accepted, it shall be approved by the Village Council and their legal counsel. The term of the bond or certified check shall extend twelve (12) months beyond the completion date of the project unless released prior thereto by the Village Council. A completion date shall be established by the subdivider and approved by the Village Council. The period of time stipulated shall not exceed two (2) years from the date of the final plat approval unless an extension is requested in writing by the subdivider and granted in writing by the Village Council. The completion date shall be stated in the bond, certified check or letter of credit.
(Ord. 2021-17. Passed 9-8-21.)
1175.21 APPROVAL OF FINAL PLAT.
The Planning Commission shall approve or disapprove the final plat within thirty (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 such disapproval shall be stated in the records of the Commission. A letter stating the reason for disapproval shall be forwarded to the subdivider.
(Ord. 2021-17. Passed 9-8-21.)
1175.22 TRANSMITTAL OF ORIGINAL TRACINGS AND COPIES.
When the final plat has been approved by the Village Planning Commission, the original tracings shall be returned to the subdivider for filing with the County Recorder. After filing, the tracings shall become the property of the County Engineer.
(Ord. 2021-17. Passed 9-8-21.)
1175.23 MINOR SUBDIVISIONS (LOT SPLITS).
(a) Approval without a plat of a minor subdivision may be granted by the designated representative of the Village Planning Commission without following the above procedures if the proposed division of a parcel of land meets all of the following conditions:
(1) The proposed subdivision is located along an existing public street or road and involves no opening, widening, or extension of any street or road.
(2) No more than five (5) lots are involved after the original parcel has been completely subdivided.
(3) The proposed subdivision is not contrary to applicable subdivision or zoning regulations.
(4) The property has been surveyed and a sketch and legal description along with the conveyance or other legal instrument is submitted.
(b) If approval is given under these provisions, the designated representative of the Village Planning Commission shall, within seven (7) working days after submission, approve such proposed division and, upon presentation of a conveyance for such parcel, shall stamp "Approved by West Liberty Village Planning Commission, no plat required," and the designated representative of the Commission shall sign the conveyance.
(Ord. 2021-17. Passed 9-8-21.)
1175.24 PERFORMANCE AND MAINTENANCE BONDS OR OTHER SURETY.
(a) A performance bond or other surety such as certified check, shall be required as stated in Section 1175.20, to assure the proper authorities that completion of the required improvements will be made and that the improvements will be in conformance with the standards established in these regulations. The Village Council shall secure approval as to the form, sufficiency, and execution of the surety from their appropriate legal counsel. The performance surety shall not be released until the Village Engineer has certified satisfactory completion of all the required improvements and the dedication of land and facilities for public use has been submitted to the Village Council as set forth in Section 1183.01. The amount of surety may be reduced on a prorated basis, for completed portions of the required improvements as approved by the Village Engineer if those required improvements have been dedicated for public use. In no event shall a surety be reduced below twenty percent (20%) of the principal amount. If the improvements are not completed on or before the completion date as established in Section 1175.20, then the Village Council may exercise the conditions of the bond or other surety and secure the completion of the improvements through the bonding company or the person, association, organization, partnership, trust, company, corporation or institution which provided the letter of credit or other surety guarantee.
(b) Maintenance bonds or other surety shall be required by the Village to assure maintenance of all improvements in the subdivision by the subdivider, until final acceptance of the required improvements occurs at the end of the guarantee period. The amount of the surety shall be determined by the Village Engineer. The surety shall be submitted and approved in the same manner as performance bonds or other sureties. Prior to formal acceptance of dedication, the subdivider shall provide for the upkeep and maintenance of all improvements, including snow removal. The maintenance surety shall be submitted for the guarantee period of at least one (1) year after the date of satisfactory completion of the improvements and offer of dedication for public use is made, whichever occurs later, and shall not be required for longer than two (2) years. The final acceptance of the requirement improvements shall occur only after:
(1) Written request by the subdivider made no sooner than 2 months before the end of the guarantee period.
(2) Certification by the Village Engineer that the improvements were completed in accordance with approved construction and utility plans and that the improvements are in good repair; and,
(3) Passage by the Village Council.
(Ord. 2021-17. Passed 9-8-21.)
1175.25 SUBDIVISIONS WITH PRIVATE STREETS.
Subdivisions which propose the construction of private streets shall comply with all sections of this chapter.
(Ord. 2021-17. Passed 9-8-21.)