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Section 1203.10    Subdivisions

  1. Purposes
    The purpose of the subdivision review process is to ensure compliance with the
    subdivision standards and provisions of this Code, while encouraging quality
    development in the City reflective of the goals, policies, and objectives found in the
    Comprehensive Plan.

  2. Applicability
    1. All subdivisions shall be subject to the approval procedures set forth in this
      Section.

    2. Subdivision Plans for Optional Open Space Conservation Development in
      Districts 1 and 3 shall be given priority in the subdivision approval
      procedure, as set forth in subsection (d )(3) below.

    3. Minor subdivisions, as defined in Chapter 1213, may be finally approved by
      the City Manager, in consultation with the City Engineer, in lieu of final
      action by the Planning Commission.

  3. Procedures for Approval of a Minor Subdivision
    Minor subdivisions are subject to an expedited review process in which no plat is
    required and the Planning Commission acts through the City Manager and City
    Engineer. Applications for minor subdivision approval shall follow the core
    development approval process set forth Section 1203.02 of this Chapter, except for
    the following modifications:
    1. After Step 3 "Staff Review and Report": Action by the City Manager.
      1. Within thirty (30) days from the date that a submitted application is
        certified as complete pursuant to Section 1203.01(c) above, the City
        Manager or City Engineer shall take final action on applications for
        minor subdivisions by either approving, approving with conditions,
        or denying such application based on its compliance with the
        standards set forth in Section 1204.05.
      2. Evidence of approval by the Planning Commission, acting through
        the City Manager or City Engineer, shall be indicated by a stamp or
        statement reading "Approved by the Planning Commission, City of
        Hudson, Ohio - No Plat Required." The plat of the minor subdivision
        which has been so stamped, dated, and signed by either the City
        Manager or City Engineer shall constitute final approval of the minor
        subdivision.

    2. Authority to Transmit Minor Subdivision Application to the PC.
      1. Notwithstanding the authority of the City Manager to review and
        approve minor subdivision applications as set forth herein, the City
        Manager may transmit such application to the Planning Commission
        for review and final action if the City Manager determines that the
        development's complexity, projected impacts, or proximity to
        conflicting land uses merit such action.
      2. Within forty-five (45) days from receipt of the City Manager's
        transmittal of the minor subdivision application, the PC shall take
        final action by either approving, approving with conditions, or
        denying the application, based on the minor subdivision's compliance
        with the standards set forth in Section 1204.05.

  4. Procedure for Approval of Subdivisions (Except Minor Subdivisions)
    Subdivisions in the City of Hudson are approved in three stages: first, a compatibility
    review is conducted with the Planning Commission, second, a preliminary
    subdivision plan is approved and, third, a final subdivision plat is approved and
    recorded. The Planning Commission is the entity with final approval authority for
    both preliminary and final subdivision plats.
    1. Procedures for Approval of Preliminary Subdivision Plans.
      Applications for preliminary subdivision approval shall follow the core
      development approval process set forth in Section 1203.02 of this Chapter,
      except for the following modifications:
      1. Step 1: Pre-Application Conceptual Review. All persons intending
        to submit an application for preliminary subdivision approval shall
        attend a pre-application conceptual review meeting. In addition, the
        PC shall review the conceptual plan of the proposed subdivision and
        comment on it and its compatibility with existing adjacent
        development prior to the scheduling of a public hearing on a
        preliminary subdivision plan application. The applicant shall address
        comments received on the conceptual plan to supplement the
        application for preliminary subdivision approval.
      2. Step 4: Planning Commission Action. The PC shall take final action
        on a preliminary subdivision application by reviewing the application
        and all submitted plans and reports, and then either approving,
        approving with conditions, or denying the application based on its
        compliance with the standards set forth in Section 1203.10(e) below.

    2. Procedure for Approval of Final Subdivision Plats.
      Applications for final subdivision approval may only be filed following
      preliminary plan approval by the Planning Commission, including
      preliminary plans that have been approved, but have expired. Although final
      subdivision plats may be filed for expired preliminary plans, the preliminary
      plan must be reapproved. Applications for final subdivision approval shall
      follow the core development approval process set forth in Section 1203.02 of
      this Chapter, except for the following modifications:
      1. Step 4: Planning Commission Action. The PC shall take final action
        on a final subdivision application by reviewing the application and all
        submitted plans and reports, and then either approving, approving
        with conditions, or denying the application based on its compliance
        with the standards set forth in Section 1203.10(e) below. The PC
        shall take such final action within thirty (30) days from the date that
        the final subdivision application is certified as complete pursuant to
        Section 1203.01(c) above.

    3. Procedure for Approval of Preliminary and Final Subdivision Plans for
      Optional Open Space Conservation Developments. Applications for
      preliminary and final subdivision plan approval for optional open space
      conservation developments in Districts 1 and 3 shall be given priority status in
      the approval process, including but not limited to advancing such applications
      on the PC's agenda for hearing at the earliest possible date after submittal of a
      complete application.

  5. Standards for Review
    All applications for subdivisions shall demonstrate compliance with the standards
    and criteria set forth in Section 1204.05 of this Code.

  6. Effects of Approval
    1. Effect of Approval of a Minor Subdivision.
      1. Within thirty (30) days of the City Manager's approval of the minor
        subdivision, the developer shall record the minor subdivision plan. If
        the minor subdivision plan is not recorded within this thirty (30) day
        time period, the approval shall automatically lapse and be null and
        void. A recorded minor subdivision plan shall be valid for a period
        of two (2) years from the date of the City Manager's final action.
      2. During the period an approved minor subdivision plan is effective, no
        subsequent change or amendment to this Code or any other governing
        ordinance or plan shall be applied to affect adversely the right of the
        applicant to proceed with any aspect of the approved development in
        accordance with the terms of such minor subdivision plan approval,
        except that the applicant shall comply with those local laws and
        regulations adopted subsequent to the approval of such minor
        subdivision plan if the PC determines, on the basis of written
        findings, that compliance is reasonably necessary to protect the
        public health, safety, or welfare.
      3. If additional lots are proposed to be created within three years of
        recording of a minor subdivision of a tract of land and the total of all
        lots recorded within said three years for that same tract of land would
        be greater than three lots, then the request to create additional lots
        shall be considered to be a request for a subdivision. (See definition
        of “Subdivision, minor”.)

    2. Effect of Approval of a Preliminary Subdivision Plan.
      1. Within twelve (12) months from the date of the PC's final approval of
        a preliminary subdivision plan, the developer shall submit an
        application for final subdivision plat for either all or at least one
        phase of the proposed subdivision, and within eighteen (18) months
        shall record such final subdivision plat. A recorded final subdivision
        plat for any phase of the preliminary subdivision plan shall extend the
        life of the preliminary subdivision plan for an additional twelve (12)-
        month period from the date the final subdivision plat is recorded. If
        the original twelve (12) month period or any successive twelve (12)
        month period expires before a final subdivision plat is recorded, then
        the preliminary plan approval automatically lapses and becomes null
        and void.
      2. During the period an approved preliminary subdivision plan is
        effective, no subsequent change or amendment to this Code or any
        other governing ordinance or plan shall be applied to affect adversely
        the right of the applicant to proceed with any aspect of the approved
        development in accordance with the terms of such preliminary
        subdivision plan approval, except that the applicant shall comply with
        those local laws and regulations adopted subsequent to the approval
        of such preliminary subdivision plan if the PC determines, on the
        basis of written findings, that compliance is reasonably necessary to
        protect the public health, safety, or welfare.
      3. If lots are created within three years of an approved or recorded
        minor subdivision and the total of all lots created with said three
        years is greater than three lots, then it shall be approved as a
        subdivision. See definition of "Subdivision, minor".

    3. Effect of Approval of a Final Subdivision Plat.
      1. Within ninety (90) days from the date of the PC's action on the final
        subdivision plat, the applicant shall meet all conditions of approval, if
        any, and certify and record the final subdivision plat as required by
        this Code.
      2. An approved and recorded final subdivision plat shall be valid for a
        period of two (2) years from the date of the PC's action on the final
        plan.
      3. During the period an approved final subdivision plat is effective, no
        subsequent change or amendment to this Code or any other governing
        ordinance or plan shall be applied to affect adversely the right of the
        applicant to proceed with any aspect of the approved development in
        accordance with the terms of such final subdivision plat approval,
        except that the applicant shall comply with those local laws and
        regulations adopted subsequent to the approval of such final
        subdivision if the PC determines, on the basis of written findings, that
        compliance is reasonably necessary to protect the public health,
        safety, or welfare.

  7. Application
    Applications for final subdivision approval shall be submitted to the City Manager
    upon such forms as approved by the City Manager and City Engineer.

  8. Submittal Requirements
    See Appendix A for submittal requirements for final subdivision applications.