Carroll County, Ohio

SECTION II - ADMINISTRATION

 

2.1          NAME

 

The official name of these regulations and of this document shall be known as the "Subdivision Regulations of Carroll County, Ohio", and hereinafter referred to as "these regulations".

 

 

2.2          ADMINISTERING

 

It shall be the responsibility of the Commission to administer these regulations except where specific authority is given to some other county office as set forth in these regulations.

 

 

2.3          GENERAL PURPOSES

 

These regulations shall be to guide and regulate the planning, subdividing, and development of land in order to promote and protect public health, safety, and general welfare.  It is intended that the provisions of' these regulations shall be applied to achieve the following objectives:

 

1)   The proper arrangement of streets or highways in relation to existing or planned streets or highways or to the general plans of the various political subdivisions of the County to insure development of land to obtain harmonious and stable neighborhoods with safe and convenient vehicular and pedestrian circulation.

 

2)   To provide common grounds of understanding and a sound working relationship for both the county officials interested in and responsible for sound community development and the land owner or his agent who intends to subdivide for whatever purpose.

 

3)   Design to allow ample and convenient space for schools, utilities, access for fire fighting equipment, recreation, light, and other public purposes.

 

4)   Insure accurate surveying of land and the preparation and recording of plats.

 

5) The assurance that subdivision improvements are properly installed and completed in compliance with the standards contained herein.

 

 

2.4          AUTHORITY   

 

These regulations are enacted under the authority granted in Chapter 711 of the Ohio Revised Code.

 

2.5          EFFECTIVE DATE

 

These regulations shall be effective following adoption by the Carroll County Regional Planning Commissioners and the Board of County Commissioners after public hearing and upon certification to the County Recorder in accordance with Chapter 711 of the Ohio Revised Code as amended.  These regulations shall in no way affect any subdivision having received preliminary approval by the County Commissioners prior to the effective date, provided, however that no chances to the approved preliminary plan are introduced by the Subdivider.

 

 

2.6          JURISDICTION

 

These regulations shall be applicable to all subdivisions of land as hereinafter set forth:

 

A)   The subdivision of land located in the unincorporated areas of the County except the territory which is within three(3) miles of the corporate limits of a City or within one and one-half (1-1/2) miles of the corporate limits of a Village, either of which has enacted platting jurisdiction of said three miles or one and one-half miles territory as set fourth in Section 711.09 of the Ohio Revised Code.

 

B)   The subdivision of land located in the unincorporated areas of the County within three (3) miles of the corporate limits of a City , or within one and one-half (1-1/2) miles of the corporate limits of a Village, either of which having platting jurisdiction, whenever the Commission and the City or Village Planning Commission of that City or Village shall have entered into an agreement in writing pursuant to section 711.10 of the Ohio Revised Code.

 

 

2.7         SCOPE

 

A)    Divisions of land subject to the provisions of these regulations are:

       

        1)   The division of any parcel into two or more lots, or pieces, any one of which is less than five (5) acres.

       

        2)   The dedication of right-of-way and easements.

       

        3)   The dedication of open spaces.

        

        4)   The sale or exchange of parcels between adjoining owners where no additional building sites are created.  See Section 4.2 (2).

 

B)   Division of land not subject to the provisions of these regulations are:

 

        1)   The division of land into parcels of more than five (5) acres each not involving any new streets, roads, or easements of access.

 

 

2.8          Interpretation

 

         The provisions of these regulations shall be held to be minimum requirements.  Whenever these provisions are different from the requirements of' other lawfully adopted regulations, the more restrictive rule or higher standard shall prevail.

 

 

2.9          VARIANCES

 

         “All variances noted in these subdivision regulations shall be subject to final approval only by the Carroll County Regional Planning Commission.”

         If strict adherence to the letter of these regulations creates extraordinary difficulties or undue  hardships because of topographical or other exceptional conditions, the Planning Commission may authorize variations subject to whatever conditions and safeguards found necessary, provided the general intent and spirit of these regulations are enforced. 

 

 

2.10        AMENDMENT

 

         These regulations, or any part thereof, may be amended from time to time by the Regional Planning Commission, provided, however, that no such amendment shall become effective until the Board of County Commissioners holds a public hearing concerning said amendment and subsequently approves it as specified in the appropriate sections of the Ohio Revised Code. (711.132)

 

 

2.11        SEPARABILITY

 

         Should any section, clause, or provision of these regulations be declared invalid in a court of law, such action shall in no way effect the validity of these regulations as a whole or any other part thereof.

 

 

2.12        ENFORCEMENT

 

It shall be the duty of the Commission and its staff, together with other appropriate county offices, to enforce these regulations within all areas under the subdivision jurisdiction of the Commission.

 

 

2.13        NOTICE

 

The enforcement officer of the appropriate agency shall serve a written notice or order upon the person responsible whenever he finds that any work is being done or any transactions are being made in violation of the provisions of these regulations or in violation of a detailed statement or plan submitted and approved.  Such notice shall direct the discontinuance of any illegal action and the remedying of the condition that is in violation of the provisions and requirements of these regulations.

 

In case such notice or order is not promptly complied with, the enforcement officer of the appropriate agency shall notify the other public offices, utility companies, and other officials concerned therewith and shall request the same to withhold their approval and stop all services to the property where such violation is concerned and to refuse such services until these regulations are complied with.  The enforcement officer of the appropriate agency, in any case may also request the County Prosecutor to institute the appropriate action or proceedings at law of equity to restrain, correct, remove, or prosecute such violation.

 

 

2.14        PENALTY

 

Violation of these regulations is subject to the penalties as set forth in Section 711.102 of the Ohio Revised Code or any amendment thereof, which states as follows:

 

“Whoever willfully violates any rule or regulation adopted by the legislative authority of a municipal corporation or a board of County Commissioners pursuant to Section 711.101 of the Revised Code or fails to comply with any order issued pursuant thereto, shall forfeit and pay not less than ten nor more than one thousand dollars.

 

Such sum may be recovered with costs in a civil action brought in the court of common pleas of the county in which the land lies relative to which such violation occurred, by the legal representative of the village, city or county, in the name of such village, city, or county and for the use thereof.(10-6-55)”

 

 

2.15          APPEAL

 

Rights of appeal shall be as set forth in Chapter 711 or other applicable sections of the Ohio Revised Code.

 

 

2.16          RECONSIDERATION

 

Any Subdivider aggrieved by a finding, decision, or recommendation of the Commission may request and receive opportunity to appear before the Commission, or its agent, present additional relevant information and request reconsideration of the original finding decision, or recommendation.