On February 11, 2016, the Tuscarawas County Commissioners voted to adopt a resolution approving a change in required lot sizes that was previously adopted by the Tuscarawas County Regional Planning Commission. These changes will take effect August 1, 2016. These adjustments were prompted by recent modifications to the Ohio Health Department’s On-Lot Sewage Regulations. As a result of these Ohio Health Department changes, the Tuscarawas County Regional Planning Commission reviewed its current minimum lot size requirements in unsewered areas of Tuscarawas County to see if those were an adequate size to meet the new requirements. The Regional Planning Commission determined that an increase in lot size in these situations would be required and thus the Commissioners adopted this resolution.
Generally speaking, the new State regulation requires that an owner have enough land for a replacement system. The Tuscarawas County Regional Planning Commission determined that the current requirement of .92 acres is not enough for a replacement system to be installed. Therefore, it was decided that it would be appropriate to increase the single family home minimum lot size from .92 acres to 1.5 acres, and from 1.38 acres to 2 acres for a two-family home. Please note that this change has no effect on existing recorded parcels. This will only apply to any new lots split.
Another item which was discussed and determined was that if any lot split application was for a parcel under two acres, then that split must have the Tuscarawas County General Health District’s completed sewage treatment system site review attached. If the parcel is over two acres, the Health District will be required to sign the back of the lot split form, as is currently required.
Both the Regional Planning Commission and the County Commissioners held their required public meetings over the last few months and then adopted the above resolution which, again, will take effect August 1, 2016. Therefore, if you have had a survey done for a parcel under 1.5 acres and it has not been recorded yet, you have a three-month period of time to finalize that split before this new regulation will take effect.
If you have any specific questions regarding the revised subdivision regulations and minimum lot size, please check the Regional Planning Commission’s website under “Revised Subdivision Regulations” for more information.
The link is as follows: Http://www.co.tuscarawas.oh.us/Regional%20Planning/
NOTE: This general summary of the law should not be used to solve individual problems since slight changes in the fact situation may require a material variance in the applicable legal advice.
James F. Contini II, Esq.
Certified Specialist in Estate Planning,
Trust & Probate Law by the OSBA
Krugliak, Wilkins, Griffiths & Dougherty Co., LPA
158 North Broadway
New Philadelphia, Ohio 44663
Phone: (330) 364-3472
Fax: (330) 602-3187