How do I split my parcel?

What is a Lot Split?

ORC 711.131 permits a division of a parcel of land along a public street not involving the opening, widening, or extension of any street or road, and involving no more than five lots after the original tract (shown as a unit or contiguous units on the last preceding tax roll) has been completely subdivided. If these conditions are met, the application may be approved by the Delaware County Regional Planning Commission without a plat. The “No-Plat” subdivision procedure can be used for lots 5 acres or less. Lots larger than 5 acres with road frontage do not require DCRPC approval to be recorded and conveyed.

Lots that must be created with the use of a Common Access Driveway must be platted.

 

What are the rules?

The No-Plat lot split procedure is found in Section 207 of the DCRPC Subdivision Regulations. An application shall include a deed and survey, approval by the township or county Zoning Officer, the Health Department / Sanitary Engineer, and the County Engineer or ODOT if on a state route. The County Engineer has created a flow-chart showing the lot split process here.

 

What is the Cost?

See Fee Schedule – based on a “per lot” fee.
(DCRPC Fee Schedule does not include any fees that may be charged by the specific township or agency.)

 

Where do I start?

It is advisable to contact an surveyor and/or attorney. It is also advisable to discuss the project with your township zoning officer and DCRPC staff. The surveyor will prepared the following:

  1. A survey plat of the area being subdivided showing lots;
  2. A legal description for each new lot being created;
  3. A draft deed for each of the lots being created;
  4. A development plan showing existing structures and waste disposal, which is separate and does NOT get recorded. The plan includes proposed features, if you are creating a new building site. This development plan will include approval stamps from the
    • Zoning Inspector,
    • Sanitary Engineer (and Health Department, if applicable),
    • County Engineer (or ODOT, if on a state route), and
    • Soil and Water Conservation District.

 

How long does it take?

If the application is not contrary to zoning, health, subdivision, or applicable platting regulations, it shall be approved by the DCRPC within 7 working days. Because of the 7-day time-frame, the applicant should secure the appropriate signatures prior to submitting the application. If the application is denied, the DCRPC shall inform the applicant of the issues and reasons for the disapproval.

 

Other Info:

The unexecuted deed may refer to the current owner of the parcel, if a buyer is not yet known.

Although it is not a requirement that the legal description be “green stamped” by the Map Department before it is submitted to the RPC, it is advisable that the applicant do so to avoid delays when recording. The Map Department checks the survey to make sure it is an accurate reflection of the proposed split and that it follows the Conveyance Standards of the County Engineer.

The Map Department requires clean, legible copies of the survey and legal description(s). It is recommended that these be first-generation prints. Faxes and copies of faxes may be used for initial review, but are not acceptable for submission. Please submit surveys and legal descriptions on paper no larger than 8.5” x 14″ and ensure they are at the original size. Development Plans may be no larger than 11″ x 17″.

Please ensure that your printer is set to “100%” when creating copies from e-mailed pdfs for submission.

Also see Lot Split Guide

Click here to download the No-Plat lot split form.

 


How do I rezone my land?

What is a rezoning?

Townships have the authority to regulate, by resolution, a large number of uses and structures (See Ohio Revised Code Section 519.02) for the purpose of promoting the public’s health, safety, and morals. (County zoning is defined in ORC 303). Through legislative action, a township creates zones with corresponding regulations. If a property owner wishes to have the zoning changed on their land, they make an application to the township to have their property changed to another zoning designation.

Of the 18 townships within Delaware County, 15 have their own zoning resolutions. Marlboro, Radnor and Thompson township zoning is administered by Delaware County. (Contact incorporated areas directly for their process.)

 

What are the rules?

An application must be obtained from the township or county zoning authority. The application may require a development plan depending on the type of rezoning. The township or county zoning commission places the application on their monthly agenda and subsequently asks the DCRPC for a recommendation. The DCRPC is required to give a zoning recommendation to the township zoning commission and trustees.

 

What is the cost?

The DCRPC does not charge a fee for “straight” district rezoning, but Planned districts require a $300 fee directly from the applicant to the RPC. The townships and county zoning authorities do charge fees (Contact the Township of County Zoning Officer for more information).

 

What is the process?

The rezoning process varies in length depending on the type of zoning and size of the project. A typical zoning process takes approximately 90 days from beginning to end. Two-step planned districts, Development Plan amendments, and administrative reviews are unique to specific projects and it is important that the applicant consult closely with the local community.

The property owner initiates the rezoning process by submitting an application to the township zoning officer, who forwards the request to the DCRPC within 5 days. The DCRPC will place the rezoning on the agenda of its next scheduled public meeting, where it will review the request and make a recommendation to the township. The township zoning commission holds its hearing not less than 20, but not more than 40 days from the date of the application after the DCRPC’s recommendation. Within 30 days the Zoning Commission notifies the Township Trustees of its action (approval, denial, approval with conditions). The Trustees hold a public hearing at their next meeting. Once the Trustees act on the request, there is a 30 day referendum period before the zoning goes into effect.

The full process is graphically shown in one of the two flowcharts:

 


How do I create a subdivision?

What is a Subdivision?

A subdivision is described in the Ohio Revised Code (711.001) as any of the following:

No Plat approval required (lot split)

a.)  The division of any parcel of land shown as a unit or as contiguous on the last preceding tax roll:

– into 2 or more parcels, sites, or lots;
– any one of which is less than 5 acres;
– for the purpose, whether immediate or future, of transfer of ownership;
– along an existing public street, not involving the opening, widening, or extension of any street or road;
– up to four per year from an original tract or five if all land has been subdivided.
– see additional information under Lot Splits.

Plat approval required

b.) The improvement of one or more parcels of land for residential, commercial, or industrial structures or groups of structures involving the division or allocation of land for the opening, widening, or extension of any street or streets.

c.) The division or allocation of land as:

– open spaces for common use by owner, occupants or lease holders; or
– easements for the extension and maintenance of public sewer, water, storm drainage or other public facilities.

The subdivision of land within Delaware County is reviewed by the DCRPC as well as many other county agencies in order to ensure that the public health, safety and welfare are protected. The review consists of external factors such as water supply and sewer capacity, as well as the internal design (safe street patterns and proper drainage). The process also ensures there is public record of the lots or parcels created in the county Recorder’s office.

Please note that subdivision of existing, platted lot(s) require submission of a plat. Platted lots cannot be subdivided with the No Plat lot split process.

Common Access Driveways (CADs) are platted subdivisions and require the recording of a Maintenance Agreement and the construction of the CAD prior to signature from the Regional Planning Commission.

 

What are the rules?

When subdividing land, standards for improvements and platting are prescribed by the Delaware County Subdivision Regulations for all land in unincorporated townships.

The subdivision regulations help the land owner understand what type of subdivision they are planning, the necessary information and materials, and the process to follow in order to finalize the plan

From small property divisions to large tract divisions, the regulations provide guidance to the public for accomplishing their goals while meeting the DCRPC’s standards. (For more info see Subdivision Regulations.)

 

What is the Cost?

Costs vary depending on the size of the project and include overall fees and well as a per lot fee based on each buildable lot. Funds are also collected on behalf of the Soil and Water Conservation District and the Health District (if applicable). The fees charged by DCRPC are found in the Fee Schedule. The listed fees do not include preparation fees of the surveyor or engineer.

 

Where do I start?

It is advisable to discuss the project with your township zoning officer and DCRPC staff. If the proposed development needs to be rezoned, that process is separate from the Subdivision process and must be at least initiated before a Preliminary Plan can be approved.

 

How long does it take?

Major subdivisions typically require at least two meetings of the Regional Planning Commission, with the development time dependent upon the nature of the project and the level of improvements.

Platted subdivisions must go through the following three steps:

Submission of a Sketch Plan (site review): This is a rough sketch that the staff distributes to a number of agencies. We send the applicant notice of the date of the site review and submit comments several weeks afterward. The applicant and consultant will use these comments to prepare the Preliminary Plan.

Submission of a Preliminary Plan: The requirements of the Preliminary Plan are included in the Subdivision Regulations. This step includes the parallel submission of Preliminary Engineering plans to the County Engineer. The Preliminary Plan includes essentially the first few pages of the Preliminary Engineering plans with enough detail to meet the RPC requirements. Review will include a Technical Review Committee meeting and the opportunity to resubmit revisions based on comments. Approval requires an affirmative vote of the Regional Planning Commission at a regular meeting.

Shortly following the approval of the Preliminary Plan, the Preliminary Engineering Plan will be approved by the County Engineer’s office. At that point, Final Engineering can be prepared and submitted for all or part of the project, also through the County Engineer’s office and Sanitary Engineer’s office. The Final Engineering must be approved before the Final Plat will be signed by the County Engineer and Sanitary Engineer.

Submission of a Final Plat: The Final Plat must be circulated for approval by the local zoning inspector, the County Engineer, and the Sanitary Engineer. Securing those signatures typically requires a separate review of engineering plans and subdivider agreements. Public improvements need to be either completed or bonded before signature. Applicants must submit a draft copy of the Final Plat to the RPC staff prior to circulating for signatures.

A combined agency flowchart, as well as flowcharts showing how local township Re-zoning interacts with the Subdivision process, are located on the Application Forms page.

More information for the timeline of the various subdivision types can be found in Section 200 of the Subdivision Regulations. DCRPC application forms may be downloaded here.

 


How do I transfer property to another parcel?

How do I transfer property to an adjacent parcel?

Definition

The sale or exchange of parcels between adjoining lot owners, where such sale or exchange does not create additional building sites.

 

What are the rules?

The DCRPC requires an original survey and legal description of each new described parcel to be transferred as well as a deed for that parcel (See Subdivision Regulations Section 207.04). The DCRPC may also require the endorsement of zoning and health officials to ensure that the remainder parcel will meet applicable standards.

 

What is the cost?

See Fee Schedule – based on a fee per legal description.

 

Where do I start?

It is advisable to contact an attorney and/or surveyor. It is also advisable to discuss the project with your township zoning officer and DCRPC staff.

 

How long does it take?

If the application is not contrary to zoning, health, subdivision, or applicable platting regulations, it shall be approved by the DCRPC within 7 working days. If the application is denied, the DCRPC shall inform the subdivider of the issues and reasons for the disapproval.

 

Click here to download the Adjacent Property Transfer form.

 

How do I combine two (or more) parcels?

Introduction

Individuals may need or choose to combine existing platted or described parcels for various reasons. Because the Regional Planning Commission has no authority over combing parcels, the following is general information only and does not constitute legal advice.

 

For Tax Purposes

Property owners may wish to receive a single tax bill for more two or more parcels under the same ownership. This can be accomplished by submitting the appropriate form (Combination Request of Text Parcels) to the County Auditor’s office. The Regional Planning Commission is not involved.

A new survey may be filed incorporating various lands under a single description. In unplatted or unsubdivided land, this will result in a new single parcel. Consult with a professional surveyor as to the survey standards of the county.

In platted subdivisions, new descriptions may be filed that reference the existing parcel numbers or platted parcels may be vacated. Again, consult a professional surveyor and note that new surveys must be reviewed by the County’s Map Department before proceeding to the Auditor.

 

For Zoning Purposes

When an owner of two or more adjacent parcels chooses (or is required) to combine the land to allow greater flexibility in the placement of the house or other structures/utilities, local zoning may require the “lot combination for tax purposes” described above to be completed prior to the release of a zoning permit.

Again, this process does not require involvement by the Regional Planning Commission.

PLEASE BE ADVISED that some parcels, particularly those within platted subdivisions, may include drainage and/or utility easements that are NOT affected by lot combinations, regardless of the process followed above. Platted easements must be vacated or moved through a process which includes the County Engineer’s office and County Commissioners if the owner intends to build within those easements. Some easements which were created by a plat may need to go through the Regional Planning Commission for vacation.

 

Where do I start?

For a tax combination through the Auditor, the owner may proceed to the Auditor’s office after completing the form above. For a new survey, a surveyor is needed with review by the Map Department.

 


How do I request a GIS map?

If you need a custom map, the DCRPC has the ability to create one for a fee. The DCRPC staff maintains over 100 GIS layers for the Delaware County. The available GIS data was either created by the Commission staff, or provided by the County Auditor’s Office GIS office or other county agencies. Due to the large amount of available data, it is recommended that individuals who want to order a map contact the staff directly. However, a GIS Mapping Order Form may be downloaded and submitted to begin the process. Please note that maps are created as time allows and are usually completed within two days, depending on the workload in the GIS department. According to the following schedule, the DCRPC will only charge for material costs for standard (existing) maps. The non-standard custom maps may include an additional fee for staff production time.

 

*Standard Custom Map Non-Members Members
11 by 17 color $2.00 $1.00
24 by 36 color $15.00 $5.00
36 by 48 color $25.00 $10.00

* Check with GIS staff

 

DCRPC GIS Services:

GIS Mapping

  • GIS color map: map size from 8½” by 11″ to 36″ by 48″ (E size)
  • Zoning map county-wide (E size) and by township (11″ by 17″)
  • Township master plan maps
  • Aerial Photo with topology maps
  • Utility maps
  • Development pattern maps
  • Customized maps using more than 70 GIS data layers

DCGIS-Viewer (ArcExplorer by ESRI)

  • On CD
  • Zoning and Master Plan GIS Maps (ArcView Shape Files) with documents (Adobe PDF) by township
  • All townships available

ArcExplorer

Note: The Delaware County Auditor’s GIS website provides many free standard downloadable maps. To see if they have what you are looking for, click here: dalismaps

See the current Annual Report for a summary of DCRPC GIS activities

The DCRPC developed the initial Geographic Information System in 1990 to conduct a county-wide master plan. The system, developed as a specific application for the land use plan, was used to compile and manage the social and physical environmental data (almost 60 layers). Since then, the system has been expanded to a departmental GIS for reviewing new development projects such as subdivision and rezoning proposals and for creating township comprehensive plans. Since 1998, the system has been used in monthly DCRPC meetings, township comprehensive plan meetings, and other public presentations, continuously updating its technology to provide increased services for our communities.