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Ordinance 2022-10

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— Public Notice —

AMENDING CHAPTER 1226 “SUBDIVISION REGULATIONS” OF PART TWELVE – PLANNING AND ZONING CODE, TITLE TWO – PLANNING OF THE CODIFIED ORDINANCES OF THE VILLAGE OF YELLOW SPRINGS, OHIO

ORDINANCE 2022-10, VILLAGE OF YELLOW SPRINGS, OHIO

Interested persons will take note that the Village Council of Yellow Springs on Monday, April 4, 2022, gave first reading to an ordinance, text to follow.

Council will give a second reading and pass into law during a public hearing on Monday, April 18, 2022, in the Bryan Community Center, 100 Dayton St.

WHEREAS, Chapter 1226 of the Codified Ordinances of the Village of Yellow Springs, Ohio provides regulations for major and minor subdivisions, plats and replats in the Village; and

WHEREAS, the Village Solicitor has suggested language to clarify Chapter 1226, particularly Section 1226.02, in light of case law from the Ohio Supreme Court and Second District Court of Appeals from 2019 and 2021 with respect to plat approval deadlines to comply with Ohio Revised Code Section 711.09 as home rule does not apply to such deadlines, and

WHEREAS, Planning Commission also has discretionary power to make recommendation to Council under Section 64 of the Charter for amendments proposed by staff to clarify Sections 1226.06 and 1226.13 for utility review and fees;

WHEREAS, the Village Council has determined it is in the best interest of the Village to update the Codified Ordinances to enact the recommended amendments, and

NOW, THEREFORE, COUNCIL FOR THE VILLAGE OF YELLOW SPRINGS, OHIO HEREBY ORDAINS THAT:

Section 1. Existing Chapter 1226 “Subdivision Regulations” of the Codified Ordinances of the Village of Yellow Springs, Ohio is hereby repealed.

Section 2. A new Chapter 1226 “Subdivision Regulations” of the Codified Ordinances of the Village of Yellow Springs, Ohio is enacted to read as set forth in Exhibit A, which is attached hereto and incorporated herein by reference, with new language underlined and bolded and deleted language in strikethrough.

Section 3. This ordinance shall take effect and be in full force at the earliest date permitted by law.

Brian Housh, President of Council

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