1240.05 JURISDICTION.
These regulations apply to all subdivision of land located within the corporate boundaries of the City of Springboro or outside the corporate limits as provided by laws of the State of Ohio. (No land may be subdivided through the use of any legal description other than with reference to a plat approved by the Planning Commission in accordance with these regulations and the laws of the State of Ohio).
(a) The Planning Commission shall have the authority to review, approve, conditionally approve or disapprove the sale, lease or development of lands subdivided following the effective date of these regulations as follows:
(b) The plat of the subdivided land was recorded without the prior approval of the Planning Commission whether or not prior approval was required at the time the land was subdivided.
(c) The plat of the subdivided land has been of record for more than five (5) years and contains contiguous lots in common ownership where one or more of the contiguous lots are undeveloped, whether the lots are owned by the original subdivider or an immediate or remote grantee from the original subdivider.
(d) The plat has been of record for more than five (5) years and contains contiguous lots in common ownership where one or more of the contiguous lots is undeveloped and one or more is nonconforming under the zoning ordinance, whether the lots are owned or an immediate or remote grantee from the original subdivider.
(e) The original subdivider or his successor failed to complete subdivision improvement requirements pursuant to a subdivision approval agreement entered into when the plat contains contiguous lots in common ownership where one or more of the contiguous lots is undeveloped, whether the lots are owned or an immediate or remote grantee from the original subdivider; except that this section shall not apply if the City of Springboro has obtained sufficient funds from security provided by the subdivider with which to complete construction of improvements in the subdivision.
(f) Whenever the jurisdiction of the Planning Commission extends to one of the situations described above, only the sale, lease, transfer, or development of an undeveloped lot or lots contiguous to a lot or lots in common ownership shall be subject to these regulations.
(g) No land described in this ordinance shall be subdivided or sold, leased, transferred or developed until each of the following conditions has occurred in accordance with these regulations:
(1) The subdivider or his agent has submitted a conforming concept plan of the subdivision to the Director of Planning; and
(2) The subdivider or his agent has obtained approval of the concept plan, a preliminary plan when required, and a record plan from the Planning Commission; and
(3) The subdivider or his agent files the approved plans with the Recorder for Warren or Montgomery County.
(h) No building permit, certificate of occupancy or land clearing permit shall be issued for any parcel or plat of land created by subdivision after the effective date of, and not in substantial conformity with, the provisions of these Regulations. No construction of any public or private improvements shall take place or be commenced except in conformity with these regulations.
(Ord. 04-41. Passed 8-19-04.)