AN ORDINANCE

BY:
NO.
AMENDING SECTION 1171.09, LOT SPLITS ON WHICH NO PLAT IS REQUIRED, OF THE OAKWOOD SUBDIVISION CODE, SO AS TO CLARIFY THE PROCESS FOR ADMINISTRATIVE REVIEW AND APPROVAL OF CERTAIN MINOR SUBDIVISIONS WITHOUT REQUIRING A FORMAL PLAT.

WHEREAS, via Section 1171.09 of the Subdivision Code, the City Manager is authorized to approve certain minor lot splits and consolidations without the requirement of a formal platting process; and

WHEREAS, due to the language of Section 1171.09, some lot splits and consolidations, such as the consolidation of a single-owner double lot into one parcel without a change of ownership, do not qualify for the City Manager’s administrative approval because they are already under common ownership and must be documented in the form of a record plat or other instrument that is neither a deed nor an instrument of conveyance; and

WHEREAS, Council wishes to authorize the City Manager to approve these de minimis lot splits and consolidations at the administrative level, without requiring the review and oversight of the Planning Commission, and to reword other language in Section 1171.09 for clarity, and finds that the same will promote the public health, safety, and general welfare;

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OAKWOOD, STATE OF OHIO, THAT:

SECTION I.

Existing Section 1171.09, Lot Splits on Which No Plat is Required, of the Oakwood Subdivision Code, is hereby amended to read as follows, with new text appearing in bold font and deleted text appearing in strike-through font:

1171.09
LOT SPLITS SUBDIVISIONS ON FOR WHICH NO FORMAL PLATTING PROCESS IS REQUIRED.
A.
The City Manager shall have authority to approve small subdivisions, to include carve-offs and parcel consolidations, without necessity of a preliminary and final plat formal platting process if the proposed subdivision of land meets all of the conditions set forth below and if, in the City Manager’s discretion, such subdivision is of a de minimis nature and does not rise to the level of necessitating Planning Commission review to ensure compatibility with the standards within this Subdivision Code. The City Manager shall not be obligated or required, however, to grant such administrative approvals without a formal platting process, and the action of the City Manager in approving any one or more such subdivisions without a plat or plats shall not be deemed to constitute a precedent in favor of similar approvals on other subdivisions:
  1. 1.
    The proposed subdivision is located along an existing dedicated public street and involves no opening, widening or extension of any street or road.
  2. 2.
    No more than five lots will be involved after the original tract has been completely subdivided. No single lot shall be divided into more than five lots, nor shall more than five lots be consolidated into a single lot, under this Section 1171.09.
  3. 3.
    The proposed subdivision is not contrary to applicable zoning or subdivision regulations of this City (in this respect, the subdivision regulations specifically require a preliminary and final plat formal platting process; and the requirement that the proposed subdivision is not contrary to the subdivision regulations can be met only if the City Manager exercises his discretion under this Section 1171.09 so as to waive the formal platting process requirement).
  4. 4.
    The All lots involved shall have property has been surveyed (both the remaining tract and the parcel to be split off) and a survey drawing