Ashland City Zoning Code
TITLE THREE
Subdivision Regulations
1111.01 TITLE.
1111.02 INTERPRETATION AND PURPOSE.
In their interpretation and application, the provisions of these Subdivision Regulations shall be held to be the minimum requirements to provide for the coordination of subdivision streets with existing streets and roads, or with the plan, or plats, of the City, for the proper amount of open spaces for traffic, circulation and utilities, and for the avoidance of future congestion of population detrimental to the public health and safety.
(Ord. 39-81. Passed 10-7-81.)
1111.03 SCOPE.
These Subdivision Regulations shall not apply to any lot, or lots, forming a part of a subdivision created and recorded prior to the effective date of these Regulations; nor is it intended by these Regulations to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or regulations, except those specifically repealed by these Regulations, or with private restrictions placed upon property by deed, covenant or other private agreement, or with restrictive covenants running with the land to which the City is a party. Where these Regulations impose a greater restriction upon land than is imposed or required by such existing provisions of law, ordinance, contract or deed, the provisions of these Regulations shall control. (Ord. 39-81. Passed 10-7-81.)
1111.04 AUTHORITY OF PLANNING COMMISSION.
(a) City Planning Commission. The City Planning Commission shall have all powers and authority vested by virtue of the Ohio Revised Code and all City Ordinances, including these Subdivision Regulations. A Master Plan for the area in and around the City having been adopted by the Commission, no plat of a subdivision of land within such area shall be recorded until it has been approved by the Commission and such approval endorsed in writing on the plat.
(b) Cooperation with Regional Planning Commission. Although the City Planning Commission has exclusive jurisdiction for approval of plats in the area outside of the corporation limits, but within three miles thereof, it is the desire of the City Commission to preserve and maintain a spirit of mutual cooperation between the City Commission and the Ashland Regional Planning Commission and to enable the City Commission to continue to benefit from the review and suggestions of the Regional Commission. Therefore, for as long as such remains the desire of the City Commission, or for as long as the Regional Commission is willing to cooperate with the City Commission in this respect, the City Commission shall develop and carry out a method of review and recommendation by the Regional Commission by which this desire will be effected. (Ord. 39-81. Passed 10-7-81.)
1111.05 AREAS OF JURISDICTION.
These Subdivision Regulations shall apply to all plats and subdivisions of land in the City or plats within three miles of the corporation limits thereof, as described in Ohio R.C. 711.09. The Planning Commission shall have the power of final approval of all plats and subdivisions within the City and all plats outside of the City, but within three miles thereof.
(Ord. 39-81. Passed 10-7-81.)
1111.06 JURISDICTION.
(a) Approval. No person shall subdivide or develop any land within the City or three mile area, unless it is by a plat complying with the regulations herein contained, except as provided in subsection (c) hereof and no plat shall be recorded, and no lot or land shall be sold from any such plat until such plat has been approved as herein required. (See definition of Subdivision, Section 1111.10
[53])
(b) Design and Layout. The design and layout of all subdivisions shall conform with the requirements of these Subdivision Regulations. The subdivider shall submit sketches and preliminary and final plats, etc., all in accordance with these Regulations.
(c) Plat Not Always Required. A proposed division of a lot parcel or tract of land, shown as a unit on the last preceding tax roll, along an existing public street or road, not involving or conflicting with the opening, widening or extension of any street or road and involving no more than five lots after the original tract has been completely subdivided, may be submitted to the *appropriate Planning Commission for approval in the form of a "Survey Drawing" in lieu of a plat. If the *appropriate Commission, acting through its staff, is satisfied that such proposed division is not contrary to applicable platting, subdividing or zoning regulations, it shall, within seven working days after submission, approve such proposed division. On presentation of a Survey Drawing of such parcel, the same shall be stamped in such a manner as to indicate clearly the approval of the *appropriate Commission and shall bear the signature of the staff member responsible. Upon approval, the Conveyance, together with the Survey Drawing, shall be recorded in accordance with the customary recording process. The development of property, except for agricultural purposes, to accommodate more than one main building shall always be reviewed and approved by the Commissions, following the same procedure as a "Plat."
*Within City - City Planning Commission only; Outside of City - Regional Planning Commission only.
(Ord. 39-81. Passed 10-7-81.)
1111.07 PUBLIC HEARING.
The City Planning Commission, on its own initiative or upon petition by any citizen or property owner may, prior to acting on a preliminary plat of a subdivision, hold a hearing thereon at such time and upon such notice as the Commission may designate.
(Ord 39-81. Passed 10-7-81.)
1111.08 EFFECTIVE DATE.
These Subdivision Regulations shall be effective following adoption by the City Planning Commission and Council and certification to the County Recorder. Henceforth, any conflicting regulations previously adopted by Council or the Commission shall be deemed repealed.
(Ord 39-81. Passed 10-7-81.)
1111.09 AMENDMENTS.
Council may amend, supplement or change these Subdivision Regulations.
(Ord 39-81. Passed 10-7-81.)
1111.10 DEFINITIONS.
(a) Interpretations of Terms or Words. For the purpose of these Subdivision Regulations, certain terms or words used herein shall be interpreted as follows:
(1) The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular.
(2) The word "shall" is a mandatory requirement, the word "may" is a permissive requirement, and the word "should" is a preferred requirement.
(3) The words "used" or "occupied" include the words "intended, designed, or arranged to be used or occupied."
(4) The word "lot" includes the words "plot," "tract", or "parcel".
(b) The following definitions shall be used in interpreting these Regulations:
(1) "Block" means a piece or parcel of land entirely surrounded by public highways, public streets, railroad rights-of-way, parks, streams, lakes or bodies of water, or a combination of the aforesuch bounds.
(2) "Bond" means a document properly executed by a surety, or sureties, satisfactory to the fiscal officers of the appropriate City or County, or a certified check, either of which is deposited with the appropriate City or County, guaranteeing the following:
A. A "construction performance bond" is deposited as a guarantee that the subdivision improvements shall be satisfactorily completed within the time period agreed upon.
B. A "maintenance bond" is deposited as a guarantee that all subdivision improvements shall remain satisfactory for a period of one year after completion and acceptance by the City.
(3) "Building" means a structure having a roof supported by columns or walls and intended for shelter, housing or enclosing persons, animals or chattels. A. "Main building" means a building in which a permitted use may be conducted independent of the uses conducted in other buildings on the site, excluding farm buildings.
B. "Accessory building" means a building in which the use is subservient to, or customarily incident to, the use of the main building, as opposed to a building which is used for a purpose independent of the main building
(4) "Building setback line" means a line indicating the minimum horizontal distance permitted between a building and a street right-of-way line.
(5) "Building site" means that portion of the lot or parcel of land upon which the building and appurtenance is to be placed or is already existing, including adequate areas for sewage disposal, clearance, proper drainage and appropriate easements.
(6) "City" means the City of Ashland, Ashland County, Ohio.
(7) "Condominium" means a building, or buildings, in which title to the land and multi-unit improvements on the land are acquired by any two or more persons in any manner whereby each person is vested with title to:
A. Some form of undivided ownership in one or more units such as apartments, offices, suites or the like; and
B. An interest as tenant in common in the land and all the improvements except the units, but including easements of right-of- way to access drives, garages, off-street parking space and other common areas.
All requirements set forth in the Zoning Code for multiple dwellings shall also apply to condominium development.
(8) "Conveyance" means the transfer of ownership, whether immediate or future, of land, including a land contract upon being entered into or similar instrument.
(9) "Covenant" means a written promise or pledge.
(10) "County" means Ashland County, Ohio.
(11) "Crosswalk" means a right-of-way dedicated to public use, ten feet or more in width, which cuts across a block to facilitate pedestrian access to adjacent streets and properties.
(12) "Culvert" means a drain that channels under a bridge, road, street, or driveway.
(13) "Developer" means any person, partnership or corporation, or duly authorized agent who constructs, or contracts to construct, improvements in developments or on subdivided land. A developer may also be a subdivider elsewhere defined herein.
(14) "Development" means the act of improving a property to accommodate more than one main building or subdividing a property. Development is also another name for the land being subdivided or improved.
(15) "Development area" means any contiguous (abutting) area owned by one person or operated as one development unit and used or being developed for nonfarm commercial, industrial, residential or other nonfarm purposes upon which earth-disturbing activities are planned or underway.
(16) "Detention basin" is the most common in urban drainage works. Generally, low flows are not affected. When inflow is great though, the detention storage reduces the outflow, thus enabling smaller capacity works being needed downstream. (Normally dry.)
(17) "District" means a soil and water conservation district, organized under Ohio R.C. Chapter 1515.
(18) "Drainageway" means an area of concentrated water flow other than a river, stream ditch or grassed waterway.
(19) "Dwelling unit" means space within a building comprising living, dining, sleeping room or rooms, storage closets, as well as space and equipment for cooking, bathing and toilet facilities, all used by only one family and its household employees.
(20) "Earth disturbing activity" means any grading, excavating, filling or other alteration of the earth's surface where natural or manmade ground cover is destroyed and which may result in, or contribute to, erosion and sediment pollution.
(21) "Easement" means a grant by a property owner of the use of a strip of land, for a specific purpose or purposes, by the general public, corporation, or to a certain person or persons.
(22) "Engineer" means:
A. A person authorized to practice engineering in Ohio by virtue of registration under the requirements of Ohio statutes.
B. "City Engineer" means the City Engineer or the Director of Engineering of Ashland.
C. "County Engineer" means the County Engineer of Ashland County.
(23) "Erosion" means:
A. The wearing away of the land surface by running water, wind, ice or other geological agents, including such processes as gravitational creep.
B. Detachment and movement of soil or rock fragments by water, wind, ice or gravity.
C. Erosion includes:
1. Accelerated Erosion: Erosion much more rapid than normal, natural or geologic erosion, primarily as a result of the influence of the activities of man.
2. Floodplain Erosion: Abrading and wearing away of the nearly level land situated on either side of a channel due to overflow flooding.
3. Gully Erosion: The erosion process whereby water accumulates in narrow channels during and immediately after rainfall or snow or ice melt and actively removes the soil from this narrow area to considerable depths such that the channel would not be obliterated by normal smoothing or tillage operations.
4. Natural Erosion (Geologic Erosion): Wearing away of the earth's surface by water, ice or other natural environmental conditions of climate, vegetation, etc., undisturbed by man.
5. Normal Erosion: The gradual erosion of land used by man which does not greatly exceed natural erosion.
6. Rill Erosion: An erosion process in which numerous small channels only several inches deep are formed; occurs mainly on recently disturbed soils.
7. Sheet Erosion: The removal of a fairly uniform layer of soil from the land surface by wind or runoff water.
(24) "Flood area; flood plain" means that portion of a river or creek valley adjacent to the channel which is covered with water when the stream overflows its banks at flood stage.
(25) "Frontage, lot or street":
A. "Lot frontage" means the distance between adjacent property lines, measured along the street line (street right-of-way line).
B. "Street frontage" means all the property fronting on one side of a street between the two nearest intersecting streets or other barriers.
(26) "Grassed waterway" means a broad and shallow natural course of constructed channel covered with erosion-resistant grasses or similar vegetative cover and used to conduct surface water.
(27) "Improvements" means any additions to the natural state of the land which increases its value or utility, including pavements, curbs, gutters, side walks, crosswalks, water mains, sanitary sewers, flood control and drainage facilities, utility lines, street trees and other appropriate items.
(Ord. 39-81. Passed 10-7-81.)
(27A) “Landscaping” means material such as, but not limited to, grass, ground cover, shrubs, vines, hedges, or trees and non-living material commonly used in landscape development. (Ord. 76-99. Passed 11-2-99.)
(28) "Landslide" means the rapid mass movement of soil and rock material downhill under the influence of gravity in which the movement of the soil mass occurs along an interior surface of sliding.
(29) "Lot" means:
A. A portion of a subdivision or other parcel of land intended as a unit for transfer of ownership or for development to be occupied by a building and its accessory buildings, together with such open spaces as are required by law, and having its principal frontage upon a public street or upon a place which has been officially approved by resolution of the Planning Commission and may consist of:
1. A single lot of record;
2. A portion of a lot of record; or
3. A combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of record.
B. "Lot area" means the total horizontal area within the boundary lines of a lot, exclusive of rights-of-way public or private streets, etc.
C. "Corner lot" means a lot situated at the intersection of two or more streets.
D. "Lot depth" means the mean horizontal distance between the front and rear lot lines.
E. "Lot frontage" means the same as "frontage".
F. "Lot lines" means the boundary lines of the lot.
G. "Through lot" means an interior lot having frontage on more than one street.
H. "Lot width" means the distance between the side lot lines, measured along the building setback line.
1. "Lot of record" means a lot which is a part of a subdivision, the map of which has been recorded in the office of the Ashland County Recorder, or a parcel or tract of land, the deed of which has been recorded in the office of the Ashland County Recorder.
(30) "Major Thoroughfare Plan or Master Plan" means the comprehensive plan made and adopted by the Planning Commission indicating the general location recommended for the primary, secondary and collector streets, parks, public buildings and all other public improvements within the corporate limits, and/or all unincorporated areas within three miles thereof.
(31) "Monument" means a permanent structure placed to mark a specific location of a point on the ground and conforming to the following:
A. Within Street Pavement. A one inch diameter iron or steel pin encased in concrete, enclosed in an approved adjustable cast iron monument box.*
B. Outside of Street Pavement. A concrete cylinder four inches in diameter by thirty-six inches with a quarter inch iron or steel pin encased in the center, set in a vertical position with its top being level with the surface of the surrounding ground.*
*Alternate construction may be approved by the Engineer.
(32) "Open space" means an area open to the sky which may include, along with natural environmental features, swimming pools, tennis courts or any other recreational facility which the Commission deems permissible. Streets, structures for habitation, etc., shall not be included.
(33) "Owner" means any individual, firm, association, syndicate, partnership, corporation, trust or any other legal entity having sufficient propriety interest in the land sought to be subdivided, to commence and maintain proceedings to subdivide the same under these Regulations.
(34) "Parcel" means a unit of land shown on the tax duplicate, including land designated as a "lot" or "tract."
A. "Original parcel" means that contiguous land under the same ownership as recorded with the Ashland County Recorder as of May 14, 1964.
(35) "Pavement" means that portion of the public street right-of-way or private street, drive or parking area surfaced for vehicular use.
(36) "Person" means any individual, corporation, partnership, joint venture, agency, unincorporated association, municipal corporation, county or State agency, the federal government or any combination thereof.
(37) "Plan" means:
A. "Construction plan" means the detailed drawings necessary to adequately control the construction of improvements.
B. "Grading and drainage plan" means:
1. "Preliminary" grading and drainage plan shall show the proposed method of grading and draining the entire site. See Section 1115.06
(c) (1).
2. "Final" grading and drainage plan shall show the actual method and details of the grading and drainage of the entire site. See Section 1115.06
(c) (2).
C. "Erosion and sedimentation control plan" shall show in detail the proposed means of controlling erosion and sedimentation. Although this plan is to be used in conjunction with the grading and drainage plan, it is to be a separate document. See Section 1115.07
(e).
(38) "Plat" means:
A. "Final plat" means a complete and exact subdivision plat prepared for official recording as required by statute to define property rights and proposed streets and other improvements. When used in the general sense, the term "final plat" includes construction drawings and all other documents set forth for submission to the Commission. Also known as "record plat."
B. "Preliminary plat" means a tentative subdivision plat, in lesser degree than a final plat, showing approximate street and lot layout on a topographic map as a basis for consideration prior to preparation of a final plat. When used in the general sense, the term "preliminary plat" includes all plans and comments set forth for submission to the Commission.
C. "Sketch" means a drawing, roughly to scale, usually free hand, showing the subdivider's first state of design study for a subdivision. Also see subsection (b) (54) hereof.
(39) "Platting Commissioner (Staff Member)" means:
A. Within City: "Platting Commissioner" means the City Engineer or his appointed agent.
B. Outside City: "Platting Commissioner" means the Coordinator of the Regional Planning Commission or his appointed agent.
(40) "Planning Commission" means:
A. "City Planning Commission" or "The Commission" means the Planning Commission of the City of Ashland, Ohio.
B. "Regional Planning Commission" means the Ashland Regional Planning Commission.
(41) "Pollution abatement plan" means a written description, acceptable to the approving agencies, of methods for controlling sediment pollution from accelerated erosion on a development area of ten or more contiguous acres or from erosion caused by accelerated runoff from a development area of ten or more contiguous acres.
(42) "Public waters" means that water within rivers, streams, ditches and lakes except private ponds and lakes wholly within single properties or waters leaving property on which the surface water originates.
(43) "Retention basin" means one in which storm runoff is collected and stored for a significant period and released after the storm runoff has ended: it is retained. Retention basins are wet reservoirs which have special recreational, fire protection and aesthetic uses centered around a minimum pool.
(44) "Right-of-way" means a strip of land taken or dedicated for use as a public way: the width between property lines of a street, alley, crosswalk, easement, etc. In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks, lighting and drainage facilities, and may include special features, (required by the topography or treatment), such as grade separation, landscaped areas, viaducts and bridges.
(45) "Sediment" means solid material, both mineral and organic, that is in suspension, is being transported, or has been moved from its site of origin by wind, water, gravity or ice, and has come to rest on the earth's surface above or below sea level.
(46) "Sediment basin" means a barrier, dam or other suitable detention facility built across an area of waterflow to settle and retain sediment carried by runoff waters.
(47) "Sidewalk" means that portion of the road right-of-way outside the roadway which is improved for the use of pedestrian traffic.
(48) "Slip" means landslide, as defined in subsection (b)(28) hereof.
(49) "Sloughing" means a slip or downward movement of an extended layer of soil resulting from the undermining action of water of the earth-disturbing activity of man.
(50) "Stream" means a body of water running or flowing on the earth's surface or channel in which such flow occurs. Flow may be seasonally intermittent.
(51) "Street" means:
A. "Primary street" means a street or road of great continuity which serves, or is intended to serve, as a major traffic way within the City, County or both and is designated in the Master Plan as a limited access highway, major thoroughfare, parkway or other equivalent term to identify those streets comprising the basic structure of the street plan.
B. "Secondary street" means a street or road of considerable continuity which serves, or is intended to serve, as the principal traffic way between large and separated areas or districts and which is the main means of access to the main thoroughfare system of primary streets.
C. "Collector street" means a main residential street which carries the burden of local traffic to primary streets or secondary streets.
D. "Rural street" means a street, including a road in a non-urban area, servicing residential lots having a minimum frontage of 150 feet.
E. "Minor street" means a street supplementary to a collector street and of limited continuity which serves, or is intended to serve, the local needs of a neighborhood.
F. "Loop street" means a type of street, each end of which terminates at an intersection with another street, or streets, and which is only used to provide access to properties adjoining the loop street.
G. "Cul-de-sac, court or dead-end street" means a short street having one end open to traffic and terminated by a vehicle turn-around.
H. "Alley" means a minor way which is used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
I. "Public street, etc.", as used in these Regulations, means and/or refers to public facilities unless specifically noted otherwise.
J. "Private street, etc.", means all streets, etc., which are not public facilities.
(52) "Subdivider" means any person, partnership or corporation, or duly authorized agent thereof who undertakes the subdivision of land as defined in subsection (b) (53) hereof. A subdivider may also be a developer, as else where defined herein.
(53) "Subdivision" means:
A. Within City of Ashland Corporation Limits. "Subdivision" means a division of a section, tract, parcel, lot or lots, or other divisions of land for the purpose, immediate or future, of transfer of ownership, or development and improvements to accommodate more than one main building, including land to be maintained under single ownership or as a condominium, and including all changes in street or lot lines provided, however, that division of land for agricultural purposes, in parcels of more than five acres not involving any new street or easement of access, shall be exempted.
B. Outside of the City of Ashland Corporation Limits but Within Three Miles Thereof "Subdivision" means:
1. The division of any parcel of land shown as a unit or as contiguous units on the last preceding tax roll into two or more parcels, sites or lots, any one of which is less than five acres for the purpose, whether immediate or future, of transfer of ownership provided, however, that the division or partition of land into parcels of more than five acres not involving any new streets or easements of access, and the sale or exchange of parcels between adjoining lot owners, where such sale or exchange does not create additional building sites, shall be exempted; or
2. 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, except private streets serving industrial structures; the division or allocation of land as open spaces for common use by owners, occupants or lease holders, or as easements for the extension and maintenance of public sewer, water, storm drainage or other public facilities.
(54) "Survey drawing" means an accurate drawing, to scale, prepared by a "surveyor" showing the results of his survey delineating all pertinent information, including existing, proposed and adjoining property lines, etc., subject to the approval of the City Engineer or, where applicable, the County Engineer. This drawing shall be recorded along with the conveyance.
(55) "Surveyor" means a registered surveyor authorized to practice surveying in the State of Ohio.
(56) "Topsoil" means surface and upper surface soils which presumably are darker colored, fertile soil materials, ordinarily rich in organic matter or humus debris.
(57) "Tract" may be used interchangeably with "parcel" or "lot".
(58) "Variance" means a modification of the strict terms of the relevant regulations where such modification shall not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of action of the applicant, a literal enforcement of the regulations would result in unnecessary and undue hardship.
(59) "Watershed" means the drainage basin in which the subdivision drains or that land whose drainage is affected by the subdivision.
(60) "Yard" means an open space, at ground grade, between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or depth of a rear yard, the minimum horizontal distance between the lot line and the main building shall be used.
A. "Front yard" means a yard extending across the front of a lot between the side lot lines, which is the minimum horizontal distance between the street line and the main building or any projections thereof.
B. "Rear yard" means a yard extending across the rear of a lot between the side lot lines, which is the minimum horizontal distance between the main building or any projections thereof.
C. "Side yard" means a yard between the main building and the side line of the lot, extending from the front yard to the rear yard and being the minimum horizontal distance between the side lot lines and the main buildings or any projections thereto.
(Ord. 39-81. Passed 10-7-81.)
1111.11 PROCEDURE.
SUBDIVISION REGULATIONS
FLOW CHART OF PROCEDURE
 |
1. Agencies Involved (depending on location and type of subdivision):
(a) City or County Engineer for checking accuracy of survey and for approval of improvement plans.
(b) Township Trustees and Township or City Zoning Inspector.
(c) City-County Board of Health and O.E.P.A. for approval where required.
(d) Board of Education for report on adequacy of school facilities to serve additional pupils and for negotiation for school sites where involved.
(e) Parks and Recreation Department for negotiation where park land is involved.
(f) Ashland Soil and Water Conservation District for approval of agreements for sedimentation, erosion, and flood control.
(g) Utilities.
*Acceptance of Dedications only.
LEGEND
• Designated Step in Procedure of Review and Action.
"Flow Line" Between Steps.
1113.01 SUITABILITY OF THE LAND FOR SUBDIVISION DEVELOPMENT.
(a) Advisability. The subdivision proposed and its ultimate use shall be in the best interests of the public welfare and the neighborhood development of the area. The subdivider shall present evidence to this effect when requested by the Planning Commission.
(b) Encroachment. The tract to be subdivided should not be a part of, or encroach upon, an area, or areas, designated in the Major Thoroughfare Plan and the Plan for parks and other public grounds, as adopted for future public facilities.
(c) Suitability of Land. If the Commission finds that land proposed to be subdivided is unsuitable for subdivision development due to flooding or its location in a flood plain, bad drainage, steep slopes, rock formations and other such conditions as may increase the danger to health, life or property or aggravate erosion or flood hazards and, if from adequate investigations conducted by all the public agencies concerned it has been determined that in the best interest of the public the land should not be platted and developed for the purpose proposed, the Commission shall not approve the land for subdivision unless adequate methods are formulated by the subdivider for meeting the problems that shall be created by the subdivision and development of the land.
Land subject to flooding or located in a flood plain and land deemed to be topographically unsuitable for residential development shall not be platted for residential use or for any other use which may increase the danger of health, life or property or aggravate erosion or flood hazards. Such land within the subdivision shall be set aside on the plat for such uses as will not be endangered by periodic or occasional inundation or shall not result in conditions contrary to the public welfare. To ensure that lots shall be located only where they will provide flood-free house sites, the Commission may require the subdivider to provide elevation and flood profiles sufficient to demonstrate that the house sites shall be completely free from the danger of flooding.
A condition of flooding shall be defined as the depth of water anticipated, up to and including a 100 year storm, as computed using approved runoff factors for a completely developed drainage area and by using the current criteria of the Ohio Department of Natural Resources and/or the Federal Insurance and Hazard Mitigation Office, whichever is higher; also, flooding is where water will be impounded or "backed up" due to restrictions in drainage facilities, either natural or man-made.
If a stream flows through, or adjacent to, the proposed subdivision, the plat plan shall provide for an easement or right-of-way along the stream for a floodway. For the smaller streams, the plan shall also provide for channel improvement to enable them to carry all reasonable floods within banks. The floor elevations of buildings shall be high enough to be well above the flood level defined above. The floodway easement shall be wide enough to provide for future enlargement of the stream channel as adjacent areas become more highly developed and runoff rates are increased. (See Section 1115.06.)
(d) Suitable Location. The Commission may refuse to approve what it considers to be scattered or premature subdivision of land which would involve danger or injury to the public health, safety, welfare or prosperity by reason of lack of adequate water supply, schools, proper drainage, good roads and transportation facilities, or other public services, or which would necessitate an excessive expenditure of public funds for the supply of such services, such as undue maintenance costs for adequate roads.
(e) Railroads. Where railroads are involved, provision for grade separations, buffer strips and other protective media shall be required to the extent and type as may be practicable.
(f) Subdivision and Street Names and Numbers. Subdivision and street names shall not duplicate or be confusing with existing names. For purposes of street naming, the following suffixes shall apply:
(1) Avenue, Street, Road or Way shall be used for relatively long streets having relatively straight alignment.
(2) Boulevard or Drive shall be used for relatively long meandering streets.
(3) Circle, Place, Court or Lane shall be used for cul-de-sacs or relatively short loop streets.
(4) Suffixes other than the above shall be approved by the Commission.
(5) The words north, south, east or west should be avoided as part of a street name.
Extensions of existing streets shall bear the name of the existing street. All names are subject to the approval of the Commission.
All streets situated outside of the City shall be assigned numbers by the County Engineer. (Ord. 39-81. Passed 10-7-81.)
1113.02 DIMENSIONS, LAYOUT AND DESIGN STANDARDS.
1113.03 STREETS, ALLEYS, EASEMENTS, ETC.
(a) Conformity to Major Thoroughfare Plan, etc.
(1) Streets shall conform in effect to the Major Thoroughfare Plan or such part thereof as is adopted by the Planning Commission. If a tentative or suggested plan or plat for the area has been made by the Commission or any other public agency designated by the Commission, the street layout shall be in general conformance thereto.
(2) Frontage on high volume express highways or railroads shall be provided with a parallel service street or such other medium of access as may be appropriate to the conditions.
(b) Street Extensions.
(1) The street layout of the proposed subdivision shall provide for the continuation or projection of streets already existing in areas adjacent to the area being subdivided unless the Commission deems such continuation or extension undesirable for specific reasons of topography or design.
(2) Where, in the opinion of the Commission, it is desirable to provide street access to adjoining properties, proposed streets shall be extended by dedication and improvement to the boundaries of such properties.
(3) The street system for the proposed subdivision shall provide for extending existing streets at the same or greater width, but in no case shall a street extension be of less width than the minimum width required in these regulations for a street in its category.
(c) Dedication of Right-of-Way for New Streets.
Street Type Minimum Right-of-Way (in feet) | |
(1) Primary street |
100 |
(2) Secondary street |
80 |
(3) Collector street |
66 |
(4) Rural street |
60 |
(5) Minor street |
60 |
(6) Cul-de-sacs (Courts or dead-end streets and loop streets). |
60 |
(7) Alleys |
20 |
(8) Crosswalkways |
10 |
(9) Easements | 20 or as required |
(10) At intersections of two streets, a twenty foot radius shall connect the two right-of-way lines. (Thirty feet when developed without curbing.)
(11) Special Requirements for cul-de-sacs (courts or dead-end streets):
A. Permanent Cul-de-sacs.
1. Permanent cul-de-sacs shall not be longer than 600 feet with curbing, or 1,000 feet without curbing, to the beginning of the turnaround and shall have a terminal radius of 110 feet with curbing, or 120 feet without curbing, joined to the street right-of-way line by a tangent radius of fifty feet.
2. Where a street does not exceed 350 feet in length, an approved "T" type back-around terminus may be approved within the sixty foot right-of-way.
B. Temporary Cul-de-sacs. Where streets are extended to the boundary of a subdivision to provide for their proper continuance at such time as adjacent land is subdivided, they shall be terminated in the same manner as required for permanent cul-de-sacs described in subsection (c)(11)A. hereof, unless the Commission determines that a turn-around is unnecessary. Pavement to be as specified by the City Engineer or, where applicable, the County Engineer.
(d) Recipient of Dedication. Subdivisions shall dedicate all streets to public use forever. Dedication shall take place upon acceptance by the City or County in behalf of the appropriate Township or County itself when the County establishes same as a County Highway.
(e) Dedication of Right-of-Way for Existing Streets. Subdivisions platted along existing streets shall dedicate additional rights-of-way if necessary, to meet the minimum street width requirements set forth in subsection (c) hereof.
(1) The entire minimum right-of-way width shall be dedicated where the subdivision is on both sides of an existing street. When the subdivision is located on one side of an existing street, one-half of the required right-of- way width, measured from the center line of the existing roadway, shall be dedicated.
(2) Dedication of one-half of the rights-of-way for proposed streets along the boundaries of land proposed for subdivision shall be prohibited, except as follows:
A. The Commission finds it will be practicable to require the dedication of the other half of the street when the adjoining acreage is subdivided;
B. There exists a half street which should logically be continued to a reasonable intersection; or
C. There exists a dedicated or platted half street adjacent to the tract to be subdivided, the other half shall be platted if deemed necessary by the Commission.
(3) Where a half street is permitted, the Commission shall require provisions to prevent access from abutting property outside the subdivision until the other half of the said street is established as a public street.
(f) Intersections.
(1) Streets shall intersect as nearly as possible at right angles, and this alignment shall not change for a minimum distance of 100 feet beyond the point of intersection.
(2) "T" intersections facing opposite directions shall be spaced with their center lines at least 125 feet apart.
(3) Four-way intersections of local streets should be avoided (three-way "T" intersections are preferred). Where four-way intersections are approved, center line offsets in excess of four feet shall not be permitted. (See subsection (e)(2) hereof.)
(g) Curves, Grades, Typical Sections and Other Design Criteria. Maximum allowable grades, minimum requirements for vertical and horizontal curves, intersections, typical sections, etc., shall conform to the standards set forth in Section 1115.02
and the requirements of the City Engineer or, where applicable, the County Engineer.
(Ord 39-81. Passed 10-7-81.)
1113.04 BLOCKS.
(a) Length. The maximum length of blocks shall not exceed twenty times the average width of lot and shall in no case exceed 2,000 feet. The minimum block length shall be 500 feet. Blocks over 1,500 feet long shall provide a crosswalkway at approximately the center.
(b) Width. The width of blocks shall be not less than 200 feet.
(Ord. 39-81. Passed 10-7-81.)
1113.05 LOTS.
(a) Frontage. All lots shall abut on a public street for a minimum distance of forty feet.
(b) Side Lines. Side lines of lots shall be approximately at right angles or radial to the street line.
(c) Numbering. The numbering of lots shall conform to the County's adopted lot numbering system.
(d) Dimensions. Within the City, the requirements for lot dimensions, areas and yard sizes shall be as established by Chapters 1150 through 1166, inclusive, for the respective district in which the subdivision is located. Lots in subdivisions outside of the City shall meet the requirements of the appropriate Township zoning regulations and regulations imposed by the City- County Health Department. The depth of lots shall not exceed three times the lot width unless specifically permitted by the Planning Commission.
(e) Landlocked Parcel. A subdivider cannot create or transfer a landlocked parcel except that such parcel shall be transferred to an owner of a contiguous, non-landlocked parcel and provided such subdivider complies with all other provisions of these subdivision regulations.
(f) Large Tracts or Parcels. When the land is subdivided into large parcels rather than ordinary building lots, such parcels shall be arranged so as to allow for the opening of future streets and logical further resubdivision.
(Ord. 39-81. Passed 10-7-81.)
1113.06 STREET TREES.
Street trees shall be placed at least ten feet outside the street right-of-way, or any sewer or water easements, and shall be planted in such a manner as to not impair visibility of any street corner. (Ord 39-81. Passed 10-7-81.)
1113.07 PUBLIC SPACES.
(a) Amount. The Planning Commission shall specify to the extent required the allocation of playfields, parks and other public open spaces that may be essential to a proper development of the areas or neighborhood. A maximum of three percent (3%) of the subdivision may be required for this purpose.
(b) Alternative. When, by reason of a topographical condition within a subdivision, the amount of acreage within a subdivision, the nature or development of the area surrounding a subdivision or because of other exceptional circumstances, the Commission determines that the dedication or reservation of public sites and open spaces for playgrounds, school sites, parks, etc., as required by subsection (a) hereof is impracticable, undesirable, unsuitable, uneconomic or not in accord with the Major Thoroughfare Plan and the Plan for Parks and Other Open Spaces in and within three miles of the City, the Commission may require in lieu thereof, that the subdivider dedicate or deed to the City or Township other lands of the subdivider which are acceptable to the Commission for the purposes intended by this section or to deposit with the City or appropriate township a sum of money equal in amount to three percent (3%) of the total value of the land within the subdivision. Such three percent (3%) value shall be determined by agreement between the Commission and the subdivider or shall be three percent (3%) of one-half of the total of two sealed land appraisals of the subdivision to be submitted to the Commission, one by an appraiser designated by the subdivider and one by an appraiser designated by the Commission, provided that the sealed appraisals shall each be within fifteen percent (15%) of the average of such new appraisals. The Commission and the subdivider shall each bear the costs of their respective appraisals.
Moneys deposited with the City or appropriate Township under the provisions of this subsection shall be placed in a special fund designated by the legislative authority of the City or Township and shall be appropriated and used solely for the acquisition, maintenance, development, improvement or equipment of playgrounds, school sites, parks and other recreational lands.
(c) Preservation. Due regard shall be shown for the preservation of outstanding natural and cultural features such as scenic spots, water courses, reserve forests and historic sites.
(Ord 39-81. Passed 10-7-81.)
1113.08 CONDOMINIUM AND COMMUNITY UNIT PLAN.
The owners or agents of any tract of land in the City or within three miles thereof, which is to be developed and maintained under single ownership or which is to be subdivided as a condominium, shall submit to the Planning Commission a development plan, improvement plan, sketches and plats, in accordance with Chapters 1115, 1116, 1117 and 1119. Approval of plats, etc., shall follow the standard procedures herein, provided that the following conditions are met.
(a) Suitability. The property adjacent to the area included in the plan shall not be adversely affected and the plan is consistent with the intent and purposes of the applicable Zoning Code to promote public health, safety, morals and general welfare. All developments shall comply with all applicable State and County Health Regulations.
(b) Improvements. The grade, width and degree of improvement of all access drives, sewers, waterlines and other utilities shall be in conformance with Chapter 1115 and approved by the Commission, City Engineer, the Fire Chief and, where applicable, the County Engineer.
(c) Uses. The building, or buildings, shall be used for only the uses permitted in the zoning district in which it is located.
(d) Lot Area. The average lot area per family, exclusive of the area occupied by private streets or drives, shall not be less than that required by the applicable zoning district.
(e) Setbacks. The setbacks of all buildings shall be provided in accordance with the applicable Zoning Code. The minimum distance between multiple buildings shall be determined by the Commission.
(Ord. 39-81. Passed 10-7-81.)
1113.09 VACATION HOME DEVELOPMENTS.
The owners or agents of any tract of land in the City or within three miles thereof, which is to be developed and maintained as a vacation home development (to accommodate dwellings to be inhabited full-time or part-time), shall submit to the Planning Commission a development plan, improvement plan, sketches and plats in accordance with Chapters 1116, 1117 and 1119. Approval of plats, etc., shall follow the standard procedure herein. Approval shall be contingent upon such development being a permitted use in the applicable zoning district and provided that all provisions of Section 1113.08
(adjusted to single-family dwellings) be complied with.
(Ord. 39-81. Passed 10-7-81.)
1113.10 MOBILE HOME PARK.
The owners or agents of any tract of land in the City or within three miles thereof, which is to be developed and maintained as a mobile home park, shall submit to the Planning Commission and O.E.P.A. a development plan, improvement plan, sketches, plats, etc., in accordance with Chapters 1115, 1116, 1117 and 1119. Approval of plats, etc., shall follow the standard procedures herein. Approval shall be contingent upon such park being a permitted use in the applicable zoning district and provided that all provisions of Chapter 1155 are complied with. (Ord. 39-81. Passed 10-7-81.)
1113.11 P.D. PLANNED DEVELOPMENT.
P.D. Planned Development Subdivisions within the City may be developed in accordance with the requirements of *Chapter 1170, P.D. Planned Development District, subject to Planning Commission approval.
P.D. Planned Development Subdivisions outside of the City, but within three miles thereof, shall conform to applicable zoning requirements, or as required by the Commission.
(Ord 39-81. Passed 10-7-81.)
1113.12 VARIATIONS, VARIANCES AND EXCEPTIONS.
Variations, variances and exceptions from the procedure, dimensional standards and improvement requirements as herein set forth may be made by the Planning Commission in cases where it is deemed that hardship, topography or other factual deterrent conditions prevail or where the Commission deems it necessary or advisable for the best interest of the community.
In granting variations, variances and exceptions, the Commission may require such conditions as will, in its judgement, secure substantially the objective of the standards or requirements so varied.
The Commission shall record the granting in the official minutes, along with the reasons which justify the granting of same. (Ord 39-81. Passed 10-7-81.)
*This chapter is proposed only - Planning Commission shall govern P.D. Planned Development until Chapter 1170 is adopted.
1115.01 DEVELOPER'S OBLIGATION.
Approval of the final plat by Council or, where applicable, the County Commissioners, is conditional on evidence that the improvements as required have been completed and approved, or shall be completed and guaranteed by the developer, as provided herein.
(Ord. 39-81. Passed 10-7-81.)
1115.02 STREETS, ALLEYS AND SIDEWALKS.
(a) Design. Maximum allowable grades, minimum requirements for vertical curves, and all other design standards shall meet the requirements of the City Engineer and, where applicable, the County Engineer. The City of Ashland Standard Specifications shall apply to all improvements constructed in accordance with the provisions herein.
The following standards are given as a general guide only and are subject to approval in specific application:
(1) Curves (horizontal and vertical), sight distance and speed.
A. A tangent of at least 100 feet shall be provided between reverse curves.
B.
Minimum Radius of Centerline (ft.) | Minimum Stopping Sight Distance (ft.) | Design Speed (m.p.h.) | |
Primary streets | As specified | As specified | As specified |
Secondary streets | 500 | 350 | 50 |
Collector streets | 400 | 300 | 40 |
Rural streets | 150 | 235 | 35 |
Minor streets | 150 | 235 | 35 |
Cul-de-sacs and loop streets | 50 | 150 | 25 |
Alleys | 50 | 150 | 20 |
C. All changes in grade shall be connected by a vertical curve to provide the required sight distance specified above as well as a smooth riding surface and shall be not less than twenty-five times the algebraic difference in grades for primary, secondary and collector streets and not less than twenty times the difference in grade in all other streets.
(2) Street grades.
Percent Grade | ||
Street Type | Max. Allowable (in percent) | Max. Desirable (in percent) |
Primary streets | 5 | 4 |
Secondary street | 7 | 5 |
Collector | 8 | 6 |
Rural streets | 9 | 7 |
Minor streets | 9 | 7 |
Cul-de-sacs and loop streets | 15 | 10 |
Alleys | 15 | 10 |
Minimum allowable grade for any street or alley 0.4
(3) Street elevations. The Planning Commission shall not approve streets which will be subject to inundation of flooding. All streets shall be located at elevations which shall make them flood-free in order that such portions of the subdivision shall not be isolated by floods. Where flood conditions exist, the Commission shall require profiles and elevations of streets in order to determine the advisability of permitting the proposed subdivision activity.
(4) Intersections. Detailed intersection drawings shall be submitted for the approval of the City Engineer and, where applicable, the County Engineer. The minimum curb radius at intersections shall be twenty-five feet unless otherwise approved. The minimum angle of intersections shall be 75° (90° preferred), and this alignment shall not change for a minimum distance of 100 feet beyond the point of intersection of the centerlines. Intersection design shall be commensurate with the classification of streets.
(5) Design load and vertical clearance. The design load for all structures shall be HS-20, and the minimum vertical clearance above all roadways shall be fourteen and one-half feet.
(b) Minimum Widths. The minimum width of the improved or traveled portion (face to face curb, where applicable) required shall be as follows:
Street Type | Minimum Width (in feet) |
Primary street | 48 |
Secondary streets | 40 |
Collector streets | 34 |
Rural street | 24 |
Minor streets | 30 |
Loop streets | 26 |
Cul-de-sacs | 26 with 80 foot minimum diameter at turn-around joined to pavement edge by a tangent radius of 65 feet |
Alleys | 18 |
Crosswalkways | 6 |
Sidewalks, minimum | 4 (a greater width may be required by the City Engineer) |
(c) Pavement, Typical Section.
(1) Surface and base. The surface and base of all streets and alleys shall be in accordance with the standard typical sections on file in the office of the City Engineer.
(2) Curbing or curb and gutter. Curbing or curb and gutter shall be constructed on all streets, excluding alleys; however, on streets where adequate drainage can be provided without curbs or curb and gutter and where the minimum lot frontage is 150 feet or, where justified by Section 1115.06
, the Commission may waive this requirement.
(d) Street Name or Number Signs. The developer shall pay to the City or, where applicable, the County the entire cost of constructing street name or number signs. This cost shall be paid before the final plat is approved.
(e) Streets for Commercial Subdivisions. Streets serving business developments and accessory parking areas shall be planned to connect with primary or secondary streets so as not to generate traffic on local streets. The intersections of driveways from parking areas with primary, secondary or collector streets shall be located so as to cause the least possible interference with traffic movement on the streets and shall be located not less than 100 feet from the intersection of a primary, secondary or collector street with any other street and shall be spaced not less than 200 feet from each other. The Commission may require marginal access streets to provide maximum safety and convenience.
(f) Streets for Industrial Subdivisions. Collector streets for industrial subdivisions shall be planned to serve industrial areas exclusively and shall connect with primary or secondary streets so that no industrial traffic shall be directed into any residential streets. The intersections of service streets from parking areas with primary, secondary or collector streets shall not be less than 100 feet from the intersection of the primary, secondary or collector street with any other street. Streets shall be planned to be extended to the boundaries of any adjoining land planned for industry, except for severe physical conditions or if the Commission finds such extension is not in accord with the approved plan of the area.
(Ord. 39-81. Passed 10-7-81.)
(g) (1) Sidewalks. Sidewalks shall be constructed along the entire frontage and sideyard adjacent to side streets. An occupancy certificate shall not be issued unless a sidewalk is constructed, unless construction thereof is waived, or the time for construction is extended, as hereinafter provided. In the event no waiver is granted, sidewalks shall be installed not later than four years after acceptance by Council of the plat pertaining to such property or within one year after eighty percent (80%) of the lots within the platted area have been issued occupancy permits, whichever is earlier. All sidewalks shall be of concrete and shall be five feet wide and four inches thick, except that sidewalks shall be six inches thick across driveways. All sidewalks shall be situated with the outside edge twelve inches from the street right-of-way line and shall be constructed in accordance with the standards, specifications and requirements established by the City Engineer and, where applicable, the County Engineer. The area between the top of the curb and the sidewalk, or property line where a sidewalk is not required, shall be fine graded with a slope of one-half inch per foot toward the curb. All drives shall be constructed to conform to the sidewalk or future sidewalk grade. (See Section 1115.03
(a).
(Ord. 17-89. Passed 4-18-89; Ord. 58-03. Passed 6-3-03.)
(2) Waiver. A waiver of the requirement as set forth in the preceding subsection (g)(1) hereof may be obtained pursuant to the following provisions:
A. An application for a sidewalk waiver shall be submitted to and upon the form as provided by the Division of Engineering, which application must be accompanied by diagrams and a complete explanation of reasons for the waiver request.
B. Application shall be considered by Council and a determination shall be made by a majority thereof.
(Ord. 17-89. Passed 4-18-89.)
C. Factors to be considered in determining whether a waiver shall be granted shall include, but not be limited to, terrain, engineering difficulties, dimensions of lot, absence of adjacent sidewalks (only in areas platted before 1988 - "Platted," for this purpose, means that the lots and streets of an allotment plan have been approved by the Planning Commission and Director of Engineering, offered for dedication, accepted by Council for dedication and recorded in the office of the County Recorder as so dedicated and accepted), any unusual circumstances and any other matters which may be relevant to a determination of the application.
(Ord. 55-92. Passed 10-6-92.)
D. Council may grant either a complete waiver of the sidewalk requirement, may grant a temporary extension of time for compliance with the sidewalk requirement or may modify the construction specifications upon the recommendation of the Director of the Engineering Division.
(Ord. 17-89. Passed 4-18-89.)
(h) Crosswalkways. Crosswalkways shall conform to the requirements for sidewalks except for width, grade and alignment.
(Ord. 39-81. Passed 10-7-81.)
1115.03 PRIVATE DRIVES AND PARKING LOTS.
(a) Drives. Private drives on curbed or uncurbed streets servicing one or more multiple dwellings or commercial or industrial buildings shall be not less than twenty feet wide. All drive approaches onto dedicated curbed streets shall be paved from the edge of pavement to the back of the future sidewalk (one foot from the street property line) using one of the pavement typical sections listed below. The grade elevation at the back edge of the future sidewalk shall conform to the future sidewalk grade and the centerline of the drive shall make an angle of seventy to ninety degrees with the centerline of the street. Curb cutting and removal, etc., shall conform to the City standard drawings for same.
(1) Five inches of 301 bituminous aggregate base on an approved subgrade with one inch of 404 asphaltic concrete surface course.
(2) Six inches of 304 aggregate base on an approved subgrade with one and three-quarter inches of 402 asphaltic concrete intermediate course and one and one-quarter inches of 404 asphaltic concrete surface course.
(3) Six inches of 452 unreinforced Portland cement concrete pavement on an approved subbase.
(4) A typical section equal to the above as approved by the City Engineer and, where applicable, the County Engineer.
(b) Parking Lots. Parking lots of more than two vehicle capacity shall have a size, design and typical section approved by the City Engineer or, where applicable, the County Engineer. (Ord. 39-81. Passed 10-7-81.)
1115.04 WATER SYSTEM.
(a) Within the City. Water shall be provided from the City water system wherever reasonably possible, and waterlines, hydrants, valves and all other appurtenances shall be extended throughout the subdivision by the developer in accordance with plans submitted to and approved by the City Engineer in accordance with the City of Ashland Standard Specifications and Water Department Rules and Regulations. The maximum spacing for hydrants shall be 500 feet and valves shall be placed as directed by the City Engineer to adequately control and service the area. All waterlines shall have a minimum diameter of six inches; however, the pipe installed shall be of the size specified or approved by the City Engineer. If the specified or approved pipe size exceeds eight inches in diameter, the City may pay the difference between the cost of the larger size specified or approved and an eight inch diameter pipe. These costs shall be determined by the estimate of the City Engineer. The City may, at its option, furnish materials to satisfy its participation in the cost of the increased size of the waterlines and appurtenances. All building services shall be installed in accordance with the current Water Department Rules and Regulations. Where the City water system is not reasonably accessible, a private or individual system shall be developed for each lot in accordance with the requirements of the City County Health Department and the Ohio E.P.A., or where required by either of the above agencies or at the option of the subdivider, a group or community system shall be constructed.
(b) Outside of the City, but Within Three Miles Thereof. Subdivisions in this area shall develop a private or individual system for each lot in accordance with the regulations of the City- County Health Department and the Ohio E.P.A. Where required by either of the above agencies or at the option of the subdivider, a group or community system shall be constructed.
(Ord. 39-81. Passed 10-7-81.)
1115.05 SANITARY SEWERS.
(a) Within the City. Subdivisions shall, where the City sanitary sewer system is reasonably available as determined by the City Engineer, connect to and extend throughout the subdivision a complete sanitary sewer system in accordance with the Standard Drawing and Standard Specifications of the City of Ashland, all in accordance with accepted engineering practice and subject to the approval of the City Engineer. The maximum manhole spacing shall be 400 feet.
Where the City sanitary sewer system is not reasonably available, as determined by the City Engineer, the subdivider shall construct a private or individual system for each lot in accordance with the regulations of the City-County Health Department and the Ohio E.P.A. Where required by either of the above agencies or at the option of the subdivider, a group or community system shall be constructed. If a private, individual, group or community system is constructed, the subdivider and each subsequent lot owner shall agree in writing to pay the appropriate cost of and connect to and use the City sanitary sewer system immediately upon the availability of same as determined by the City Engineer.
Council shall approve each individual septic tank or community system prior to construction.
All sanitary sewers, mains, laterals, manholes and appurtenances shall conform to the City of Ashland Standard Drawings and Specifications. The minimum size lateral shall be four inches, unless otherwise specified by the City Engineer, and the main shall have a minimum diameter of eight inches. However, the pipe installed shall be of the size specified or approved by the City Engineer. If the specified or approved pipe size exceeds eight inches in diameter, the City may pay the difference between the cost of the larger size specified or approved and an eight inch diameter pipe. These costs shall be determined by the estimate of the City Engineer. The City may furnish materials to satisfy its participation in the increased cost of sanitary sewers and appurtenances.
(b) Outside of the City, but Within Three Miles Thereof. Subdivisions in this area shall develop a private or individual system for each lot in accordance with the requirements of the City- County Health Department and the Ohio E.P.A. Where required by either of the above agencies or at the option of the subdivider, a group or community system shall be constructed. All materials and workmanship shall conform to the Standard Drawings and Standard Specifications of the City of Ashland, Ohio.
(Ord. 39-81. Passed 10-7-81.)
1115.06 STORM DRAINAGE AND GRADING.
(a) General. These standards, specifications and requirements shall serve to supplement Chapter 921 of the Codified Ordinances and the City of Ashland Standard Drawings and Standard Specifications, and all workmanship and materials shall conform to all of the above. All systems shall be designed and constructed in accordance with accepted engineering practice and shall incorporate stormwater management and control, including the conveyance of surface water to an adequate outlet which is capable of carrying the flow, all to the complete satisfaction of the City Engineer and, where applicable, the County Engineer. (See subsection (b) hereof for exceptions.) In addition, in the City within identified flood hazard areas, the subdivider is also subject to Chapter 1333.
(b) Scope and General Requirements. All subdividers or developers shall construct a complete storm sewer and drainage system to ensure complete drainage in and adjacent to the subdivision or development.
All subdividers or developers of areas ten acres or more in aggregate shall conform to all requirements of subsection (i) hereof, except that subdividers or developers of areas for which "preliminary plats" have been approved previously by the Planning Commission may request the Commission to waive or reduce any or all requirements. Where the Commission determines that conformation would pose an unusual hardship, it may waive or reduce the requirements after considering a recommendation by the City Engineer or, where applicable, the County Engineer. Within rights-of-way existing prior to subdivision or development, the City Engineer and, where applicable, the County Engineer may vary and waive these requirements.
(c) Drainage and Grading Plan.
(1) Preliminary. A complete new or revised drainage and grading plan for the entire subdivision or development shall be submitted to and approved by the City Engineer and, where applicable, the County Engineer and the Commission prior to the submission of the preliminary plat. The plan shall show the general runoff pattern of the entire area to be improved, as well as the runoff pattern of adjacent areas which affect, or may be affected, by the proposed improved area. The plan shall also show flood boundaries and base flood elevation data determined by the National Flood Program adopted by the City and other appropriate subdivisions. Sufficient data shall be included for the City Engineer and, where applicable, the County Engineer to check and approve the feasibility of the drainage system and Stormwater Management and Control proposed by the developer.
(2) Final. A final drainage and grading plan showing the entire drainage system and grading plan shall be submitted to the City Engineer and, where applicable, the County Engineer for final approval. The final drainage and grading plan shall conform to these regulations and to any special conditions that were required by the Commission in approving the preliminary plat. The final plan shall include engineering calculations used in determining the design of the drainage courses, the drainage structures, and stormwater runoff control structures and shall include the complete final stormwater management and control plan.
The following shall serve as a minimum requirement for plans and engineering calculations for the on-site drainage:
A. The total tributary drainage areas entering the improved area;
B. Times of concentration, intensity and runoff coefficients used for determining runoff;
C. Discharge volume in cubic feet per second, velocity and additional data needed to establish that the drainage system shall convey the flow to the approved adequate outlet;
D. The plan, profile and capacity of all drainage courses to where the system discharges into the adequate outlet;
E. Size and type of all drainage improvements, including all drainage structures; and
F. Sufficient contours and grading details to show that the proposed improvements shall function adequately.
All drainage construction plans shall be sealed with the stamp of a professional engineer registered in the State of Ohio as required by Ohio R.C. Chapter 4733. The drainage plan shall be submitted to and approved by the City Engineer and, where applicable, the County Engineer prior to the preparation of detailed construction plans for any portion of the drainage system.
Under no circumstances shall any storm drainage system, spouting drain or footer drain be allowed to empty into a sanitary sewer.
(d) Design Criteria and Specific Requirements.
(1) Runoff Coefficients shall be determined in accordance with O.D.O.T. Location and Design Manual, and development of the drainage area for uses and purposes which the City Engineer and, where applicable, the County Engineer determine may be reasonably expected within the next fifty years, allowing for stormwater management and control where appropriate.
(2) Design frequencies shall be as follows:
Description | Frequency (years) |
Spacing and sizing of basins, inlets, laterals, branches and drive pipes | 5 |
Longitudinal pipes, structures, mains and open ditches | 10 |
Crossroad culverts, bridges and sump areas | 50 |
Flood plain structures and areas where overflow or backup could cause property damage (See subsection (i) hereof for possible exceptions.) | 100 |
(3) Quantity and velocity of flow shall be calculated in accordance with O.D.O.T. Location and Design Manual.
(4) All storm sewers shall be designed with hydraulic slopes sufficient to give a mean velocity when flowing full of not less than three feet per second based on value of N = 0.015 for sewers up to and including twenty-seven inches and N = 0.013 for sewers greater than twenty-seven inches. (Clay and concrete pipes. )
(5) Where velocities in conduits exceed fifteen feet per second, special provisions shall be made to protect against erosion and displacement.
(6) Pipe shall be of the size, kind and class to meet the loading requirement and shall conform to all other provisions of these Regulations.
(7) No storm sewer shall be less than ten inches in diameter. Single family house spouting and footer drain connections shall be not less than four inches in diameter. Service connections from other sources shall be of adequate capacity as designed by the Engineer. The minimum grade for all such connections shall be one percent (1%), unless otherwise approved.
(8) Storm sewers constructed within five feet, center-to-center of sanitary sewers, shall have premium joints, that is, meeting A.S.T.M. C433 or C425. This criteria shall apply to mains, as well as connections.
(9) Storm manhole joints shall be of the same type as its incoming sewer, that is, premium joint sewer A.S.T.M. C443 or C425, hence premium joint manhole A.S.T.M. C443.
(10) Manholes or catch basins shall be installed at all changes in grade, size and/or alignment. Radius pipe may be considered for use in changes of alignment of pipe of forty-eight inch diameter and larger.
(11) Maximum spacing for manholes and catch basins shall be 400 feet, as measured horizontally along the centerline of the pipe.
(12) The minimum cover for drainage pipes under pavement shall be twelve inches from the bottom of the pavement base to the crown of the pipe.
(13) A maximum of 200 feet of open trench in advance of pipe laying shall be permitted, unless otherwise approved by the City Engineer and, where applicable, the County Engineer.
(14) All drainage pipes shall be laid and maintained to the required lines and grades, as shown on the plans. Manholes and catch basins shall be installed with the main line, unless otherwise approved by the City Engineer and, where applicable, the County Engineer.
(15) Where connections are to be made to existing sewers, the contractor shall make suitable provisions for handling flow in the existing sewer until the completion of the connection.
(16) All drainage pipes laid by open cut methods under pavement or within two feet of the edge of pavement, shall be bedded and back filled with approved granular material and mechanically compacted.
( 17) Where a storm sewer system is being constructed within a roadway where curbs are installed, catch basins with curb inlets shall be required in accordance with the City of Ashland Specifications and Standard Drawings.
(18) Where a storm sewer system is being constructed and there are no curbs being installed or the sewer system is being installed away from the roadway, there shall be an approved drainage swale over the storm sewer system draining to the inlet basin. All such inlet basins shall be spaced as specified in these regulations and of a type approved by the City Engineer and, where applicable, the County Engineer.
(e) Subsurface Drainage. Adequate facilities shall be constructed to control the flow of ground water to the complete satisfaction of the City Engineer and, where applicable, the County Engineer.
(f) Open Ditches. Ditches shall have a minimum slope of one percent (1%) and shall have a minimum depth of one and one-half feet and a minimum bottom width of two feet. Adequate channel protection shall be provided to accommodate the estimated velocities in accordance with these regulations and O.D.O.T. Location and Design Manual.
(g) Building Drainage. All building roof drainage and building subsurface drainage shall be conducted in closed conduits to a storm sewer or other approved natural outlet. The conduit shall conform to specifications for A.S.T.M. 3033 (SDR-35) or approved equal and shall be sized in accordance with the following table:
SIZE OF HORIZONTAL STORM DRAINS | |||
Diameter of Drain | Maximum Projected Roof Area For Drains of Various Slopes | ||
1/8 Inch Slope (sq. ft.) | 1/4 Inch Slope (sq. ft.) | ½ Inch Slope (sq. ft.) | |
3 | 822 | 1,160 | 1,644 |
4 | 1,880 | 2,650 | 3,760 |
5 | 3,340 | 4,720 | 6,680 |
6 | 5,350 | 7,550 | 10,700 |
8 | 11,500 | 16,300 | 23,000 |
10 | 20,700 | 29,200 | 41,400 |
12 | 33,300 | 47,000 | 66,600 |
15 | 59,500 | 84,000 | 119,.000 |
An approved clean-out shall be installed at the end of all lines within the right of way and at intervals of 400 feet or less.
Collector lines within the street right of way shall have a minimum inside diameter of six inches. (See subsection (i) hereof for possible exceptions.)
(h) Drainage Easements and Rights of Way. Where ditches, storm sewers or other drainage structures exist or are constructed outside of the dedicated street right of way, written easements of sufficient width, but not less than twenty feet wide, shall be provided to the applicable City, Township or County to ensure proper maintenance and reconstruction.
Where structures are situated essentially within a street right of way, but additional right of way is required to accommodate the structure or provide for proper maintenance, repair, or reconstruction, additional right of way shall be dedicated.
When it is required of the developer to convey surface water outside the limits of the proposed improved area in order to discharge into an approved adequate outlet, it shall be the responsibility of the developer to obtain easements and/or right of way for construction and/or maintenance of such drainage course.
All drainage easements shall be shown on the plat and construction plans. The written drainage easements shall be recorded for public use forever.
(i) Stormwater Management and Control. Stormwater Management and Control for the entire project shall ensure that the peak rate of runoff from the area after development shall not exceed the peak rate of runoff from the same area before development for all storms from a one year to a 100 year frequency, twenty-four hour storm.
(1) The designer shall first determine the total volume of runoff from a one year frequency, twenty-four hour storm, occurring on the area before and after development.
(2) Next, the designer shall determine the percent increase in volume of runoff due to development, and using this percentage, pick the critical storm from the following table:
Table 1
If the percentage of increase in volume of runoff is: | ||
Equal to or greater than: | And less than: | The critical storm for discharge limitation shall be: (years) |
– | 10 | 1 |
10 | 20 | 2 |
20 | 50 | 5 |
50 | 100 | 10 |
100 | 250 | 25 |
250 | 500 | 50 |
500 | – | 100 |
(3) The peak rate of runoff from the critical storm and all more frequent storms occurring on the development area shall not exceed the peak rate of runoff from a one year frequency, twenty-four hour storm occurring on the same area under pre-development conditions. Storms of less frequent occurrence (longer return periods) than the critical storm up to the 100 year storm shall have peak runoff rates no greater than the peak runoff rates from equivalent size storms under pre-development conditions. As an example, if the total volume of runoff is shown to be increased by fifty-eight percent (58%), the critical storm is a ten year storm. The peak rate of runoff for the one, two, five and ten year storms shall be controlled so as not to exceed the peak rate of runoff from a one year frequency storm on the area under pre- development conditions. The runoff from the twenty-five, fifty and 100 year storms need only be controlled to the peak rate of runoff from equivalent size storms under pre-development conditions.
(4) Storage volume does not have to be provided for runoff from off-site upstream areas. Upstream runoff waters should be conveyed through the site in accordance with current runoff conditions.
(5) The following and other approved means may be employed to accomplish the desired Stormwater management and control:
A. Construction of on-site and off-site retention basins or detention basins with restricted outlets or pumps. These basins should, where possible, be constructed to provide for multiple purposes including stormwater control, sedimentation control, fire protection, aesthetics and recreation facilities;
B. Construction of surface storage basins such as backyard and roadway drainage ditches, parking lots, rooftops, etc., with restricted outlets;
C. Construction of subsurface storage structures such as oversized drainage pipes, subbasements, etc;
D. Direct discharge of roof drainage to lawn areas where the flow can be adequately accommodated by an orderly and comprehensive stormwater management program;
E. Retarding flow velocities by increasing friction; for example, grassed road ditches rather than paved street gutters where practical, or grass and rock-lined drainage channels;
F. Grading and use of grade control structures to provide a level of control in flow paths and stream gradients;
G. Induced infiltration of increased stormwater runoff into the soil where practical; for example, constructing special infiltration areas where veils are suitable, retaining topsoil for all areas to be vegetated or providing good infiltration areas with proper emergency overflow facilities;
H. On-stream retention basins with gravity operation of regulated outlets;
I. Side-stream retention basins with gravity operation by regulated outlets or pumped return;
J. Large retention basins with permanent recreation basins either on stream or side-stream with gravity operation by regulated outlets or pumped return with or without drainage area diversion;
K. Stream flow regulation and/or control devices, backwater retention weirs, etc;
(6) The purpose of these required procedures is to:
A. Permit development without increasing the flooding of other lands;
B. Minimize damage to receiving streams caused by accelerated runoff;
C. Provide a basis for design of storm drainage systems or lands above or below undeveloped areas which shall preserve the rights and options of both contributing and receiving property owners and assure the long-term adequacy of storm drainage systems; and
D. Eliminate the need for oversizing storm drainage facilities in anticipation of what may be developed upstream in the future.
(7) A final stormwater management and control plan shall be submitted to the City Engineer and, where applicable, the County Engineer for final approval. Before the final plan is completed, it is encouraged that the design engineer consult the appropriate Engineers so that the plan can be developed in accordance with currently accepted policy and criteria. The final plan shall include all the engineering data required in subsection (a) through (i)(6) hereof, and shall also include:
A. The predevelopment rate of runoff and intensity for the various rainfall frequencies used in the analysis;
B. The hydrologic data of the tributary area, including time of concentration, intensity and runoff coefficients;
C. The location of the proposed retention or detention facility in relation to the tributary area;
D. The inflow hydrographs for the tributary area prior to development for the various rainfall frequencies used in the analysis outlined herein;
E. The critical storm hydrograph based on the criteria outlined herein;
F. The storm hydrographs of the less frequent occurrences to check peak runoff rates;
G. The maximum permitted release rate from the retention or detention facility, that is the outflow hydrograph;
H. The storage volume required for the retention or detention facility;
I. The design of a spillway or other means for release of stored water and for bypassing excess flows of exceedingly rare rainfalls that cannot be accommodated by the storage facility;
J. Provide method for complete and timely drainage of stored runoff by provision of sufficient basin slope, adequate pumping facilities and/or alternate release mechanisms for stored runoff without causing secondary problems;
K. Types of facility for retention or detention such as rooftop, parking lot, park pond, etc; and
L. Safety precautions which shall include fencing, guard railing, maximum side slopes, vegetation and control.
(8) The appropriate County, Township or City shall assume responsibility for permanent maintenance of the major structures and facilities designed to control and manage stormwater runoff. The maintenance of minor detention areas, generally grassed areas which are portions of individual lots, shall be the responsibility of individual owners. Special covenants shall be written into the title of individual lots so that the owners are aware that portions of their property shall be used for temporary water storage.
(9) Ownership and/or easements for the purpose of maintenance shall be granted to the appropriate governmental subdivision for access to all major stormwater control structures and facilities for which the subdivision is assuming permanent maintenance responsibility.
(10) Financing of the permanent maintenance of the major stormwater control structures and facilities shall be handled through a "perpetual maintenance agreement" whereby all *benefitting property owners in the drainage area shall be assessed their proportionate share of the maintenance costs. These assessments shall be certified in accordance with appropriate sections of the Ohio Revised Code. (Ord. 39-81. Passed 10-7-81.)
*Legal definition.
1115.07 EROSION AND SEDIMENTATION CONTROL.
(a) Purpose. This section is specifically intended to be used in conjunction with Section 1115.06
to regulate and control earth-disturbing activities to minimize erosion and sedimentation.
(b) Scope. These regulations shall apply to earth-disturbing activities on areas designated below which are within the jurisdiction of the City, unless otherwise excluded herein:
(1) Land used or being developed for commercial, industrial or residential purposes. This includes nonfarm commercial, industrial or residential land in rural areas;
(2) Land used or being developed for streets, roads, highways, railroads, airports, other transportation facilities and utilities and associated areas; and
(3) Land used or being developed for private or public recreation, wildlife or natural purposes. This includes agricultural land converted or being converted to such uses.
(4) Exceptions. The scope does not include:
A. Those areas managed jointly as farming or silvicultural operations and for other activities such as a campground in a commercial forest or recreational trails on a farm;
B. Strip mining operations regulated by Ohio R.C. Chapter 1513; or
C. Surface mining operations regulated by Ohio R.C. Chapter 1514.
(c) General Requirement. No person owning or responsible for a development area shall cause or allow earth-disturbing activities except in compliance with the standards and criteria enumerated herein.
(1) When a proposed development area involves less than ten acres, all earth- disturbing activities shall be subjected to surveillance and site investigation by the approving agent to determine compliance with the standards and regulations.
(2) When a proposed development area involves more than ten acres, the responsible person shall develop and obtain approval of a sediment control plan prior to any earth-disturbing activity. Such a plan shall include specific requirements established by the approving agency and be filed with the approving agency. Exception: A statement of policy for sediment control (a continuing narrative plan) in conjunction with standard type operations, such as the installation of transmission lines by utility companies or road and highway construction or maintenance and stream channel improvement or maintenance by public entities or agencies, may be approved by the approving agency in lieu of a specific plan for each development.
(d) Standards and Criteria.
(1) Sheet and rill erosion. To control pollution of public waters by soil sediment from accelerated sheet and rill erosion on development areas, the owners or person responsible for the development area shall:
A. Construct and maintain sediment basins sized in accordance with the current United States Soil Conservation Service handbook, "Water Management and Sediment Control for Urbanizing Areas", and these Subdivision Regulations;
B. Apply and maintain a level of management and conservation practices such that the predicted average annual soil loss, accumulative monthly in accordance with the procedure in the current United States Soil Conservation Service handbook is less than fifteen tons per acre the first year, commencing from the time of initial earth disturbance, ten tons per acre the second year and five tons per acre for any other year of the development process. The management and conservation practices shall be designed, applied and maintained so that the entire development area, and any part thereof, is protected from accelerated erosion in accordance with the stated criteria; or
C. Use other methods to control sediment pollution including, but not limited to, a combination of subsections (d)(l)A. and B. hereof, provided those methods are acceptable to the approving agency.
(2) Concentrated water erosion. To control pollution of public waters by soil sediment from accelerated erosion in drainageways and grassed waterways and in streams and ditches disturbed or modified in conjunction with the development process, the owner or person responsible for the development area shall:
A. Design, construct and maintain concentrated water flow channels such that the velocity of flow does not exceed the permissible velocities listed in the ODOT Location and Design Manual.
B. Design, construct and maintain sediment basins sized in accordance with the current United States Soil Conservation Service handbook; or
C. Use other methods to control sediment pollution including, but not limited to, a combination of subsections (d)(2)A. and B. hereof, provided those methods are acceptable to the approving agency.
(3) Sloughing, landsliding and dumping. To control sediment pollution of public waters caused by sloughing, landsliding or dumping of earth material, or placing of earth material into such proximity that it may readily slough, slide or erode into public waters by natural forces, no person shall:
A. Cause such sediment pollution unless such dumping or placing is authorized by the approving agency for such purposes as, but not limited to, constructing bridges, culverts, erosion control structures and other instream or channel bank improvement works; or
B. Grade, excavate, fill or impose a load upon any soil or slope known to be prone to slipping or landsliding, thereby causing it to become unstable, unless qualified engineering assistance has been employed to explore the stability problems and make recommendations to correct, eliminate or adequately address the problems. Grading, excavating, filling or construction on development areas of ten acres or more shall commence only after the approving agency has reviewed and approved the exploratory work and recommendations. Development areas of less than ten acres shall not be exempt, however, from other provisions of this section.
(4) Stream channel and flood plain erosion. To control pollution of public and private waters by soil sediment from accelerated stream channel erosion and flood plain erosion caused by stormwater runoff from development areas, the requirements of this section shall be applied in conjunction with the requirements of Section 1115.06
(i).
(5) Maintenance. The maintenance requirements are the same as listed in Section 1115.06
(i) (8) to (10).
(e) Erosion and Sedimentation Plan. In compliance with this section, a plan of a proposed development area, with maps drawn to an appropriate scale, shall contain the following information to set forth how the standards and criteria established by subsection (d) hereof shall be met. (Although many required items are contained on the erosion and sedimentation plan described in Section 1115.06
, a separate plan is required.)
(1) Location of the area and its relation to its general surroundings including, but not limited to:
A. Off-site areas susceptible to sediment deposits or to erosion caused by accelerated runoff; and
B. Off-site areas affecting potential accelerated runoff and erosion control.
(2) Existing topography of the development area and adjacent land within approximately 100 feet of the boundaries. A topographic map should contain an appropriate contour interval to clearly portray the conformation and drainage pattern of the area.
(3) The location of existing buildings, structures, utilities, water bodies, drainage facilities, vegetative cover, paved areas such as streets, roads, driveways, sidewalks, etc. and other significant natural or manmade features on the development area and adjacent land within approximately 100 feet of the boundaries.
(4) A general description of the predominant soil types, their location and their limitations for the proposed use.
(5) Proposed use of the development area, including present development and ultimate utilization with detail on soil cover, both vegetative and impervious.
(6) All proposed earth disturbance including:
A. Areas of excavation, grading and filling;
B. The finished grade, stated in feet horizontal to feet vertical, of cut and fill slopes;
C. Kinds of utilities and proposed areas of installation;
D. Proposed paved and covered areas in square feet or to scale on a plan map.
E. Makeup of proposed surface soil (upper six inches) on areas not covered by buildings, structures or pavement. Description shall be in such terms as: original surface soil, subsoil, sandy, heavy clay, stony, etc; and
F. Proposed kind of cover on areas not covered by buildings, structures or pavement. Description shall be in such terms as: lawn turfgrass, shrubbery, trees, forest cover, rip-rap, mulch, etc.
(7) Provisions for temporary and permanent erosion control.
(8) Provisions for the management of stormwater, including the control of accelerated runoff, to a stable receiving outlet.
(9) Provisions for maintenance of control facilities, including easements to insure short, as well as long term, erosion and sediment pollution control and stormwater management.
(10) Proposed construction sequence and time schedule for all earth-disturbing activities and installation of provisions for erosion and stormwater management.
(11) Design computations and applicable assumptions for all structural measures for erosion and sediment pollution control and water management. Volume and velocity of flow shall be given for all surface water conveyance.
(12) Seeding mixtures and rates, lime and fertilizer application rates, and kind and quantity of mulching for both temporary and permanent vegetative control measures.
(13) Permitted maximum velocities for waterways and stream channels shall meet the requirements of Section 1115.06
(f).
(14) Estimate of cost of erosion and sediment control and water management structures and features.
(15) Title, scale, direction, legend and date of all plan maps.
(16) Name (s) and address(es) of the person(s) preparing the plan, the owner and the person responsible for the development area.
(17) Certification that all earth disturbance, construction and development shall be done pursuant to the plan.
(18) The approving agency may either waive specific requirements for plan detail or require additional information, if needed, to show that the work shall conform to the basic requirements of this regulation.
(f) Plan Review, Approval and Alteration. The plan and appurtenant information shall be thoroughly reviewed by the Ashland County Soil and Water Conservation District, the City Engineer and, where applicable, the County Engineer, and approval or disapproval shall include the plan deficiencies and the provision for filing and revised plan. Earth-disturbing activities shall not commence until approval is given.
(Ord. 39-81. Passed 10-7-81.)
1115.08 DAMS, PONDS, BASINS, GAS WELLS, GUARDRAILS, SEEDING, ETC.
(a) Dams, Ponds, Retention Basins and Detention Basins. Proposed dams, ponds, retention basins and detention basins which are to be a part of the subdivision shall have plans submitted to the City Engineer or, where applicable, the County Engineer for approval. Structures which fall within the jurisdiction of Ohio R.C. 1521.06 shall also be submitted by the developer to the State of Ohio, Department of Natural Resources, Division of Water, for approval. These structures are encouraged within subdivisions for use for fire protection, stormwater control, sedimentation control, fire protection, aesthetics and recreation facilities.
(b) Gas Wells. All existing abandoned gas wells shall be located and satisfactorily plugged.
(c) Guardrails, Seeding, Etc. The necessary guardrails, seeding and other special construction features shall be determined with the assistance of the City Engineer or, where applicable, the County Engineer.
(Ord. 39-81. Passed 10-7-81.)
1115.09 UTILITIES.
(a) Underground Installation Required. All utilities shall be installed underground in the street right of way or within easements outside of the street right of way before the construction of the street pavement. This requirement may be waived by the Planning Commission.
(b) Street Lighting. All street lighting shall be provided by private post lamps with a minimum of a one hundred watt white bulb on a post at least five feet above pavement level, situated outside of, but within twenty feet of, the street right-of-way line. Underground power shall be provided to each such lamp and all lamps shall be energized via an approved photoelectric switch. These lamps shall be installed and operating before an occupancy permit will be granted on all newly developed lots. All post lamps shall be adequately maintained so as to ensure satisfactory operation at all times; however, an infrequent maximum period of thirty days outage shall be permitted for maintenance purposes. The City recommends that these requirements be included in the deeds for new developed lots. These requirements do not apply when subsection (a) hereof is waived.
All streets which are intended to be dedicated to the City shall also have a base level of street lighting at intersections which shall be furnished and installed at the expense of the developer. All intersection street lighting equipment shall conform to the Ohio Edison Company’s most current streetlighting material/equipment specifications and construction standards.
The following criteria represents the base level of intersection lighting required:
Minium size of luminaire | 9500 lumens |
Intensity (avg.) | 1.0 - 1.2 foot candles |
Uniformity (avg./min.) (max./min.) | 4:1 - 3.1 < 10:1 |
Upon dedication of the street, the City shall assume responsibility for operation and maintenance of the street lighting system within the street right of way.
(Ord. 2-01. Passed 1-2-01.)
1115.10 OVER-SIZE AND OFF-SITE.
The utilities, pavements and other land improvements required for the proposed subdivision shall be designed of over-size and/or with extensions provided to serve nearby land which is an integral part of the neighborhood service or drainage area as determined by the City Engineer or, where applicable, the County Engineer.
(Ord 39-81. Passed 10-7-81.)
1115.11 EXTENSIONS TO BOUNDARIES.
The subdivider may be required to extend the necessary improvements to the boundary of the proposed subdivision to serve adjoining unsubdivided land, as determined by the City Planning Commission. (Ord. 39-81. Passed 10-7-81.)
1115.12 OFF-SITE EXTENSION.
If streets or utilities are not available at the boundary of a proposed subdivision, and if the City Planning Commission finds the extensions across undeveloped areas would not be warranted as a special assessment to the intervening properties or as a municipal expense until some future time, the subdivider may be required, prior to approval of the final plat, to obtain necessary easements or rights of way and construct and pay for such extensions. Such improvements shall be available for connections by subdividers of adjoining land.
(Ord. 39-81. Passed 10-7-81.)
1115.13 FINAL INSPECTION.
Upon completion of all the improvements, the subdivider shall request in writing a final inspection by the City Engineer or, where applicable, the County Engineer, as required under Ohio R.C. 711.091.
(Ord 39-81. Passed 10-7-81.)
1115.14 BONDS.
(a) Construction Performance Bond. In lieu of the completion of the improvements as required, prior to the approval of the dedication plat by Council or, where applicable, the County Commissioners, the developer shall deposit a construction performance bond executed by a surety or sureties, satisfactory to the appropriate fiscal officers of the City or County, or a certified check guaranteeing the completion of the unfinished improvements within one year or a reasonable period of time, as fixed by the Planning Commission. This bond or check shall be deposited with such fiscal officers and shall be in an amount equal to the total cost of completing the improvements, as estimated by the City Engineer or, where applicable, the County Engineer. If not completed as agreed upon, the bond shall be forfeited. The money collected from the bond shall be used for no other purpose. Any funds remaining after completion of the work shall be returned to the original depositor or surety company.
(b) Maintenance Bond or Cash Deposit. A maintenance bond executed by a surety or sureties, satisfactory to the appropriate fiscal officers of the City or County, in the amount of ten percent (10%) of the estimated cost of improvements and for a period of one year after satisfactory completion of such improvements shall be submitted to and accepted by the appropriate fiscal officers prior to acceptance of improvements or the release of the performance bond. Cash in the amount of five percent (5%) of such estimated cost of improvements may be deposited in lieu of the maintenance bond. This bond shall be released at the termination of such maintenance period, subject to the final inspection and approval of the improvements by the City Engineer or, where applicable, the County Engineer.
(Ord. 39-81. Passed 10-7-81.)
1115.15 FEES.
(a) Inspection Fee. The developer shall pay to the City or, where applicable, the County a reasonable fee, as may be prescribed by the Engineering Division thereof, to defray the cost of any inspection and whatever engineering services may be involved in the installation of the improvements. These payments shall be made in advance, based upon the estimate of the appropriate engineer.
(b) Filing Fee.
(1) The developer of subdivisions with a plat required shall pay a filing fee at the time of submitting a final plat. The amount of such fee shall be determined from the following schedule:
Number of Lots, Dwelling Units, Building Sites or Trailer Sites in Plat | Amount of Fee |
1 - 5 |
$40.00 |
6 - 10 |
50.00 |
11 - 15 |
60.00 |
16 - 20 |
70.00 |
21 - 25 |
80.00 |
26 - 30 |
90.00 |
31 - 35 |
100.00 |
36 and over |
100.00 plus $1.00 for each lot or site in excess of 35 |
(2) The filing fee shall be legal tender or certified check or money order made payable to the City of Ashland and deposited with the City Engineer. The fee shall be payable to the City, regardless of the location of the subdivision. (See subsection (b)(4) hereof for exception.)
(3) In the event that a plat is disapproved by the City Planning Commission before any physical inspection of the site has been made, the Commission may at its discretion order that all, or a portion of, the fee be returned to the developer.
(4) The filing fee for a division of land for which a plat is not required, in accordance with Section 1111.06
(c), shall be ten dollars ($10.00) for each new lot or parcel and shall be deposited at the office of the appropriate Planning Commission (City or Regional).
(Ord. 39-81. Passed 10-7-81.)
1115.16 PREPARATION AND APPROVAL OF PLANS AND PLATS.
(a) Qualifications Size and Material.
(1) All plans for improvements shall be prepared by a registered professional engineer and stamped by him.
(2) All plats shall be prepared by a registered professional surveyor and stamped by him. All surveying shall conform to the standards adopted by the Ashland County Engineer.
(3) Size and material.
A. Construction Plans. All "construction plans", except cross-section sheets, shall be fifty scale (1" = 50') or larger on sheets twenty- four by thirty-six inches of India ink on linen or Milar. Cross- section sheets may be penciled on paper of the same size.
B. Grading and Drainage Plan.
1. Preliminary grading and drainage plans shall be of approved appropriate scale on sheets not larger than thirty-six by thirty-six inches of pencil on paper.
2. Final grading and drainage plans shall be of approved appropriate scale on sheets not larger than thirty-six inches by thirty-six inches of India ink on linen or Milar.
C. Erosion and Sedimentation Control Plan. The erosion and sedimentation plans shall be of approved appropriate scale on sheets not larger than thirty-six inches by thirty-six inches of pencil on paper.
D. Plats shall be 100 scale (1" = 100') or larger of India ink on linen or Milar eighteen inches by twenty-four inches.
(4) Reproduced Milar tracings may be furnished in lieu of India ink on linen or Milar in all cases.
(b) Submittal (In Triplicate).
(1) Preliminary. All preliminary planning and design information shall be submitted to the agencies having jurisdiction at least thirty days in advance of submission of the preliminary plat to the Planning Commission.
(2) Final. All completed final planning and design information shall be submitted to the agencies having jurisdiction at least thirty days in advance of submission of the final plat to the Commission.
(c) Approval. All plans and plats submitted to the City Engineer or, where applicable, the County Engineer for review and approval shall be reviewed and approved or disapproved within thirty days of submission.
(d) Official Jurisdiction. Official jurisdiction involving approval of plans, tests and inspection shall be upon request and submission by the developer in accordance with the following:
OFFICIAL JURISDICTION (INVOLVING APPROVAL OF PLANS, TESTS, INSPECTIONS AND INSTALLATION) | ||
TYPE OF IMPROVEMENT | WITHIN THE CITY | UNINCORPORATED AREA WITHIN 3 MILES OF THE CITY |
STREET IMPROVEMENTS (Grading, paving, sidewalks, bridges, etc. | City Engineer | County Engineer after consultation with City Engineer |
STORM DRAINAGE, GRADING, EROSION AND SEDIMENTATION CONTROL | *City Engineer | *County Engineer after consultation with City Engineer |
WATER SUPPLY Public system Community system Private wells | City Engineer City Engineer City-County Board of Health and registration with City Water Dept. | O.E.P.A. and County Engineer after consultation with City Engineer O.E.P.A. and County Engineer after consultation with City Engineer City-County Board of Health |
SANITARY SEWAGE Public system Community system Private septic tanks | City Engineer City Engineer City Engineer, Council and City- County Board of Health | County Engineer after consultation with City Engineer County Engineer after consultation with City Engineer City-County Board of Health and County Engineer after consultation with City Engineer |
GAS, ELECTRIC, TELEPHONE, CABLE TV, ETC. | Appropriate Utility Company and City Engineer | Appropriate Utility Company and County Engineer |
STREET SIGNS AND MONUMENTS | City Engineer | County Engineer |
* Approval by Ashland County Soil and Water Conservation District is also required.
(Ord. 39-81. Passed 10-7-81.)
1115.17 SUBDIVIDER'S COSTS.
The subdivider shall pay all costs for recording, engineering, design, surveying, layout, materials, labor and inspection of all improvements, except as otherwise noted in this chapter. (Ord 39-81. Passed 10-7-81.)
1115.18 TREE PLANTING REQUIREMENTS FOR NEW DEVELOPMENTS.
(a) Plan Required. Each proposed development shall include a plan for shade trees and landscaping in conformity with the following guidelines:
(1) There shall be not less than one tree per fifty feet of frontage on any public street of any residential, commercial or industrial development and such trees shall be planted such as to enhance the frontage of the development.
(2) Trees shall be a minimum of ten feet high and a minimum diameter at ground level of one and three-fourths inches.
(3) The owner of landscaping approved and required shall maintain such landscaping in good condition so as to present a healthy, neat and orderly appearance free from refuse and debris. The owners shall make provision for the adequate watering of live plant material.
(4) Trees in a commercial or industrial area shall be located in such manner as to divide and break up the expanse of pavement and shall be distributed upon the area so as to enhance the appearance of the structure and/or area.
(5) In all proposed commercial and industrial developments, there shall not be less than two trees for up to ten parking spaces required; not less than three trees for up to the next twenty parking spaces; and not less than two trees for up to each twenty additional parking spaces. Tree plantings required by this subsection are to be in addition to those required under subsection (a)(1) hereof.
(6) All trees planted shall be from the approved tree list of the Ashland Tree Commission.
(7) To enable the developer to complete his excavation and work procedures without damage to the trees, if installation of plantings is not completed in a planting season, the landscaping must be installed during the next planting season.
(b) Approval of Plans and Appeals.
(1) All plans required by this section shall be approved by the Planning Commission and shall be submitted to the Tree Commission and the Engineering Division for review at least thirty days prior to submission of the plan to the Planning Commission.
(2) Appeals may be taken to and before the Tree Commission by any person aggrieved by filing a notice of appeal within sixty days after his plan has been rejected and specifying the grounds thereof. The Tree Commission shall fix a time not to exceed sixty days from the date of appeal for the hearing of the appeal or other matters referred to it, and shall give notice of such hearing. A decision of the Tree Commission on the appeal shall be reached within thirty days. Upon the hearing, any party may appeal in person or agent or by attorney. The Tree Commission may reverse or affirm, wholly or partially, or may modify the order, requirement, decision or determination appealed from and shall make such recommendation as in its opinion ought to be made.
(c) Penalty. Whoever violates any of the provisions of the Tree Planting Code shall be guilty of a minor misdemeanor. A separate offense shall be deemed committed each day during or on which a violation occurs or continues. The owner of any premises or part thereof, where anything in violation of this Tree Planting Code is placed or exists, and any architect, builder, contractor or agent or person employed in connection therewith and who may have assisted in the commission of such offense, shall be guilty of a separate offense.
(Ord. 14-89. Passed 4-18-89.)
1116.01 FILING.
(a) Number of Copies. Seven copies of the sketch shall be submitted to the City Planning Commission along with the standard application form.
(b) Where and When to File. These copies shall be officially filed with the Secretary of the Commission or his authorized agent at least five days prior to a regular meeting in order to receive consideration thereof at that meeting.
(c) Who Shall File. A sketch shall be prepared and filed for all subdivisions and all residential, commercial and industrial development of land involving more than one main building or building site.
(Ord. 39-81. Passed 10-7-81.)
1116.02 CONTENTS REQUIRED.
The sketch shall contain the following:
(a) Identification and Description.
(1) Proposed name of subdivision;
(2) The sketch shall be a rough sketch which may be drawn freehand, in pencil;
(3) Names and addresses of owner, developer and registered surveyor and registered engineer that shall be used;
(4) Approximate scale of sketch (not more than one inch equals 500 feet);
(5) Date; and
(6) North point.
(b) Delineation of Existing Conditions.
(1) Boundary line of the entire proposed subdivision, when completed, by solid heavy lines and the total approximate acreage encompassed thereby;
(2) Location and names of existing or prior platted streets or other public ways, railroad and utility rights of way, parks, or other open spaces, permanent buildings and structures, and section and corporation lines within, or adjacent to, the subdivision;
(3) Existing sewers, water mains, culverts or other underground facilities within, or adjacent to, the subdivision;
(4) Boundary lines of adjacent properties and the names of owners of undeveloped properties; and
(5) Existing and proposed zoning of the subdivision.
(c) Delineating of Proposed Conditions. The approximate layout of proposed streets and lots for the entire subdivision.
(Ord. 39-81. Passed 10-7-81.)
1116.03 KEY MAP.
A print of the appropriate tax map, City map or the equivalent, at a scale of not more than one inch equals 500 feet, with the boundaries of the entire property proposed to be eventually subdivided indicated thereon, and covering the area with a half-mile radius thereof. This key map shall be attached to all copies of the sketch, or the sketch may be superimposed upon the key map. (Ord. 39-81. Passed 10-7-81.)
1116.04 APPROVAL.
The Planning Commission shall consider the sketch at their regular meeting and give tentative approval of the sketch subject to all necessary details being satisfactorily resolved.
If the Commission desires to visit the site or to further consider the sketch for any reason, ample time shall be permitted for them to do so and to consider the plan again at a subsequent meeting held approximately one month later. In considering the sketch, the Commission may suggest other layouts which it considers to be superior to those suggested on the sketch or in the best interest of the general public.
(Ord. 39-81. Passed 10-7-81.)
1117.01 FILING.
(a) Number of Copies. Ten prints of a preliminary plat of the proposed subdivision, together with the application for tentative approval (see Appendix "B"), shall be submitted to the Planning Commission.
(b) Where and When to File. These prints shall be officially filed with the Secretary of the Commission at least five days prior to the regular meeting of the Commission in order to receive consideration thereon at that meeting.
(c) Who Shall File. A preliminary plat shall be prepared and filed for all residential, commercial and industrial allotments, subdivisions or developments involving more than one main building or building site on a property.
(Ord. 39-81. Passed 10-7-81.)
1117.02 CONTENTS REQUIRED.
The preliminary plat shall contain the following:
(a) Identification and Description.
(1) Proposed name of the subdivision;
(2) Location by section, town and range, and City or Township, or by other legal description;
(3) Names and addresses of owner, developer and registered surveyor who prepared the plat, and registered engineer who designed the improvements,
(4) Scale of plat, one inch to not more than 100 feet;
(5) Date; and
(6) North point.
(b) Delineation of Existing Conditions.
(1) Boundary line of the proposed subdivision by solid heavy lines and the total approximate acreage encompassed thereby;
(2) Location, widths and names of all existing or prior platted streets or other public ways, railroad and utility rights of way, parks and other public open spaces, permanent buildings and structures, and section and corporation lines within, or adjacent to, the tract;
(3) Existing sewers, water mains, culverts or other underground facilities within, or adjacent to, the tract indicating pipe size, grades and exact location, as obtained from public records;
(4) Boundary lines of adjacent tracts of unsubdivided lands with the names of the owners thereof, and boundary lines of adjacent subdivided lands shall be shown, but the names of the owners shall not be required;
(5) The zoning classification of the proposed subdivision and of adjacent tracts;
(6) Contours of five foot intervals, as obtained from U.S.G.S. maps, or its equivalent, and other land features; and
(7) Flood plains.
(c) Delineation of Proposed Conditions.
(1) Layout of streets, their names, right -of-way and pavement widths, and also the widths of alleys, crosswalkways and easements;
(2) Layout, numbers and approximate dimensions of lots;
(3) Parcels of land intended to be dedicated or temporarily reserved for public use or set aside by deed covenant for use of all property owners in the subdivisions;
(4) Building setback lines with dimensions for all proposed buildings or sites and all yard dimensions, including distances between buildings for properties containing more than one main building or building site on a property being developed under single ownership; and
(5) A preliminary plat for a subdivision which is intended to be platted and developed in sections shall be for the entire total subdivision. This preliminary plat may, however, be revised from time to time, subject to the approval of the Planning Commission.
(d) Attendant Items.
(2) Description of proposed zoning changes, if any;
(3) Statement of proposed use of lots, giving number and type of dwelling, business or industrial units;
(4) Location and approximate dimensions of all existing buildings;
(5) For commercial and industrial development, the location, dimensions and approximate grade of proposed parking and loading areas, alleys, pedestrian walks, streets, and the points of vehicular ingress and egress to the development; and
(6) Description of proposed covenants and restrictions.
(Ord. 39-81. Passed 10-7-81.)
1117.03 KEY MAP.
The key map shall accompany each preliminary plat and shall be a print of the appropriate tax map, the City map, or the equivalent at a scale of not more than one inch equals 500 feet, with the boundaries of the entire property proposed to be eventually subdivided indicated thereon and covering the area with a half-mile radius thereof.
(Ord. 39-81. Passed 10-7-81.)
1117.04 APPROVAL.
The following qualifications shall govern approval of the preliminary plat:
(a) Approval is Tentative. The approval of a preliminary plat by the Planning Commission is tentative, involving the acceptability of the layout as submitted.
(b) Changes and Revisions. The Commission on further evidence may introduce such changes or revisions as are deemed necessary to the interest and needs of the community.
(c) Engineering Details, Etc. If improvement plans are prepared by the owner, realtor, developer, promoter, allotter or any other unofficial person, the engineering details and standards of the streets, sewer and water system, and other proposed public facilities are subject to such modification as the City or County engineering officials may deem necessary to the public interest or maintenance of established standards.
(d) Effective for Twelve Months. Tentative approval shall be effective for a maximum period of twelve months unless within that time and upon the application of the developer the Commission grants an extension.
(Ord. 39-81. Passed 10-7-81.)
1117.05 SUBMISSION TO DIRECTOR OF ODOT.
Before any plat is approved affecting any land within 300 feet of the centerline of a proposed new highway or a highway for which changes are proposed, as described in the certification to local officials by the Director, of any land within a radius of 500 feet from the point of intersection of such centerline with any public road or highway, the Planning Commission shall give notice by registered or certified mail to the Director. The Commission shall not approve the plat for 120 days from the date the notice is received by the Director. If the Director notifies the Commission that acquisition at this time is not in the public interest or, upon the expiration of the 120 day period or any extension thereof agreed upon by the Director and the property owner, the Commission shall, if the plat is in conformance with all provisions of these regulations, approve the plat.
(Ord. 39-81. Passed 10-7-81.)
1118.01 INTENT.
This chapter is intended to:
(a) Through appropriate landscaping, promote and enhance the general welfare and beauty of the City, and in this way make it attractive for residences, special uses, commerce and industry.
(b) Establish individual criteria for landscaping the different kinds of land use in the City. (Ord. 76-99. Passed 11-2-99.)
1118.02 SCOPE OF APPLICATION; COMPLIANCE NECESSARY FOR SITE PLAT OR PLAT APPROVAL.
(a) No building permit, zoning certificate or occupancy permit shall be issued for any new construction of or for any substantial alteration or expansion of vehicular use areas within the City unless the requirements of this chapter are provided for. An alteration or expansion is substantial when it involves twenty-five percent (25%) or more of vehicular use area.
(b) A landscape plan or plat shall be submitted to the Building Inspector and/or to the Tree Commission for any new construction, substantial alteration or expansion in special use, commercial or industrial areas, and in residential areas where five or more parking spaces are required. This submission shall be included in the application for the building permit and/or occupancy permit.
(c) The requirements of this chapter are minimum, and existing trees may help fulfill landscaping requirements.
(Ord. 76-99. Passed 11-2-99.)
1118.03 LANDSCAPING REQUIREMENTS IN AREAS ZONED AS RESIDENTIAL.
(a) There shall be at least one approved tree within each fifty feet of property abutting any public street. The tree or trees shall be in or within fifteen feet of the public right of way.
(b) In residential areas requiring five or more off-street parking spaces, there shall be at least one approved tree associated with the parking area for each five parking spaces. When there are more than fifteen parking spaces, the trees shall be within the parking area.
(c) In residential areas requiring five or more off-street parking spaces, at least five percent (5%) of the developed parking area shall be landscaped.
(Ord. 76-99. Passed 11-2-99.)
1118.04 LANDSCAPING REQUIREMENTS IN AREAS ZONED FOR SPECIAL USES.
(a) There shall be at least one approved tree within fifty feet of property abutting any public street. The tree or trees shall be in the public right of way.
(b) In special use areas requiring five or more off-street parking spaces, there shall be at least one approved tree associated with the parking area for each five parking spaces. When there are more than fifteen parking spaces, the trees shall be within the parking area.
(c) None of the above requirements except subsection (a) hereof need be met for parking spaces for the exclusive use of staff and employees.
(d) In special use areas requiring five or more off-street parking spaces, at least five percent (5%) of the developed parking area shall be landscaped.
(Ord. 76-99. Passed 11-2-99.)
1118.05 LANDSCAPING REQUIREMENTS FOR AREAS ZONED AS COMMERCIAL.
(a) There shall be at least one approved tree within each fifty feet of property abutting any public street. The tree or trees shall be in the public right of way.
(b) In commercial areas requiring five or more off-street parking spaces, there shall be at least one approved tree associated with the parking area for each five parking spaces. At least five percent (5%) of the developed parking area shall be landscaped. If there are more than fifteen parking spaces, landscaped areas shall be dispersed in parking lots to define aisles and break up the expanse of paving. Unbroken rows of parking shall not exceed 100 feet in length. Plantings shall consist of shade trees or ornamental trees having a clear trunk height of at least six feet.
(c) None of the above requirements except subsection (a) hereof need be met for parking spaces for the exclusive use of employees.
(d) Screening is required where commercial property abuts residential property. This shall be dense enough to screen activities on the commercial property from view from the adjoining property.
(Ord. 76-99. Passed 11-2-99.)
1118.06 LANDSCAPING REQUIREMENTS FOR AREAS ZONED AS INDUSTRIAL.
This section shall apply to all new developments and to alterations that cause an increase of twenty-five percent (25%) or more of the parking area.
(a) There shall be at least one approved tree within each fifty feet of property abutting any public street. The tree or trees shall be in the public right of way.
(b) Landscaping is not required in industrial parking lots used primarily by employees and not subject to general vehicular traffic.
(c) In parking lots specially provided for visitors and separate from employee parking lots there shall be at least one approved tree associated with the parking area for each five parking spaces. When there are more than fifteen parking spaces, the trees shall be within the parking area.
(d) Screening is required where industrial property abuts residential property. This shall be dense enough to screen activities on the industrial property from view from the adjoining property.
(Ord. 76-99. Passed 11-2-99.)
1118.07 INSTALLATION AND MAINTENANCE.
(a) The trees planted shall be selected from the City of Ashland’s Master Street Tree and Shrub Plan and shall be of appropriate size. If installation of plantings is not completed in a planting season, then landscaping must be installed during the next planting season.
(b) The owner of landscaping required by this Code shall maintain such landscaping in good condition so as to present a healthy, neat and orderly appearance, free from refuse and debris. The owner should make provision for the adequate watering of live plant material and, within six months, replace trees and shrubs that die or have been removed for any other reason. The perpetual maintenance of these plantings shall be the responsibility of the owner.
(Ord. 76-99. Passed 11-2-99.)
1118.08 PERFORMANCE BOND.
(a) If the landscaping has not already been completed at the time a City permit for occupancy is granted, the applicant shall deposit a landscaping performance bond executed by a surety or sureties satisfactory to the appropriate fiscal officers of the City, or a certified check guaranteeing the completion of the installation within six months of landscaping required by this chapter. This bond or check shall be deposited with such fiscal officers and shall be in an amount equal to the requirements set up in Section 1315.03
, Landscape Performance Bond. If not completed as agreed upon, the bond shall be forfeited. The money collected from the bond shall be deposited in an appropriate fund and used for the tree plantings. Any funds remaining after completion of the work shall be returned to the original depositor or surety company.
(b) Upon satisfactory completion of the landscaping improvements, said bond or check surety shall be returned to the applicant.
(Ord. 76-99. Passed 11-2-99.)
1118.09 EXCEPTIONS, VARIANCES AND APPEALS.
(a) In view of the purpose of this chapter, which is to enhance the general welfare and beauty of the City, after review of the submitted plans, the Tree Commission may grant exceptions to the above requirements.
(b) Any submitted landscape plan that is disapproved may be appealed according to the procedure provided for in Chapter 1135 for appeal from decisions of administrative officers and the Ashland City Planning Commission.
(c) If the person submitting the plan is dissatisfied with the decision of the Planning Commission, he may appeal directly to the Council. Council may override the disapproval with four or more votes.
(d) Whenever the Zoning Board of Appeals or Council makes a decision such decision shall be forwarded to the Tree Commission and the Building Department.
(Ord. 76-99. Passed 11-2-99.)
1118.99 PENALTY.
Whoever violates any of the provisions of the Landscaping and Land Use Code shall be guilty of a minor misdemeanor. A separate offense shall be deemed committed each day during or on which a violation occurs or continues. This penalty applies to the owner of the premises in violation and to any builder, contractor, agent or person employed in connection therewith who has assisted in the commission of such offense. Each shall be guilty of a separate offense.
(Ord. 76-99. Passed 11-2-99.)
1119.01 FILING.
(a) Description and Where to File. After approval of the preliminary plat by the Planning Commission and the fulfillment of the requirements of these regulations and any other requirements specified by the Commission, two tracings of the final plat of the subdivision or section thereof proposed to be developed and platted, together with the application for approval (see Appendix "B"), shall be submitted to the Secretary of the Commission for referral to the Commission. The tracings shall be eighteen inches by twenty-four inches drawn with India ink on Milar or approved reproduced tracing on Milar.
(b) Time. The tracings of the final plat which have been previously reviewed and approved by the appropriate Engineering Divisions shall be submitted to the Secretary of the Commission at least five days prior to a regular Commission meeting in order to receive consideration thereof at that meeting.
(c) Recording. Upon approval by the Commission, Council or, where applicable, the County Commissioners, and certification of the approval by the City Engineer and, where applicable, the County Engineer, the tracings shall be deposited with the City Engineer, together with the necessary moneys to pay the cost of recording the same; and thereupon the City Engineer shall cause the plat to be recorded in the office of the Recorder of Ashland County, Ohio, at the expense of the developer.
(d) Retention of Tracings. One tracing of the final plat, after it has been recorded, shall be retained by the County Recorder and the other tracing shall be filed and retained by the City Engineer or, where applicable, the County Engineer, and shall become the property of such officials. (Ord. 39-81. Passed 10-7-81.)
1119.02 CONTENTS REQUIRED.
The final recorded plat shall contain the following:
(a) Identification and Description.
(1) Name of subdivision;
(2) Location by section, town and range, and City or Township, or by other legal description;
(3) Scale indicated and shown graphically one inch to not more than 100 feet;
(4) Date;
(5) North point;
(6) Certification by a registered surveyor to the effect that the plat represents a survey made by him, that the monuments shown thereon exist as located, that all dimensional and geodetic details are correct and that stakes, as described in subsection (b)(8) hereof, have been placed at all corners of lots and the change in direction of any line, except where monuments have been placed. All surveying shall conform to the standards adopted by the Ashland County Engineer;
(7) Notarized certification by the owner of the adoption of the plat and the dedication of streets and other public areas;
(8) Space for the recommendation of the Township Trustees: where applicable;
(9) Space for the certification of the appropriate Zoning Inspector that the proper zoning is now in effect to accommodate the uses, lot sizes, etc;
(10) Space for recommendation of the Ashland Regional Planning Commission: where applicable;
(11) Proper form for the approval of the Planning Commission, with space for signatures;
(12) Proper form for approval by signature of City and County officials concerned with the plans, specifications and inspection of utility installations and improvements;
(13) Proper form for certification by the County Auditor that there are no unpaid taxes on the property involved;
(14) Proper form for plat approval and acceptance of dedications by Council or, where applicable, the County Commissioners: where necessary; and
(15) Proper form for certification by the County Recorder that the plat has been recorded.
(b) Delineation.
(1) Boundary of plat based on an accurate traverse, with angular and linear dimensions and bearings;
(2) Exact location, width and names of all streets within and adjoining the plat, and the exact location and widths of all alleys and crosswalks. The name of a street shall not duplicate that of any existing street in the City or in the County, or any existing street in the unincorporated part of the County;
(3) Municipal, Township, County, grant, tract or section lines which are accurately tied to the lines of the subdivision by distances and angles;
(4) Radii, internal angles, points of curvature, tangent bearings and lengths of arcs;
(5) All easements for rights of way provided for public services or utilities;
(6) Building setback lines;
(7) All lot numbers and lines, with accurate dimensions in feet and hundredths;
(8) Total area in plat, area in lots, area in streets, etc.;
(9) All lot corners shall be accurately staked with one-half inch by thirty-six inch iron pipe with caps identifying the surveyor or approved equal; and
(10) Accurate location of all monuments at each change in direction of the boundary, at the intersection of all street centerlines, and at the beginning and end of all curves. Final approval of the plat by Council or, where applicable, the County Commissioners, is conditioned upon the monuments being in place and a certification to that effect to the City Engineer or, where applicable, the County Engineer.
(c) Attendant Items.
(1) Protective covenants or private restrictions shall be recorded on the final plat or, in lieu thereof, filed in the County Recorder's office at the time of filing the plat. A copy of the same shall be submitted to the Planning Commission with the final plat;
(2) Easements, properly executed upon the forms furnished by the applicable utility, City, County or Township, shall be provided where services and utilities are located outside of the limits of public dedicated streets. Examples of public services and utilities would be electric lines, telephone lines, cable TV lines, waterlines, sanitary sewer lines, storm sewer lines and ditches and retention and detention basins, flood plains, etc., and all appurtenances to the above. All easements shall be recorded, along with the final plat, at the developer's expense;
(4) Completed submissions, requirements and fees prescribed in these regulations must have been submitted in accordance with the deadlines prescribed therein. (Ord. 39-81. Passed 10-7-81.)
1119.03 KEY MAP.
A key map shall appear on all final plats at a scale of not more than one inch equals 500 feet. This key map shall show the approximate layout for the entire completed subdivision and adjacent streets and roads with the portion covered by the particular final plat shaded to indicate its relative location.
(Ord. 39-81. Passed 10-7-81.)
1119.04 APPROVAL.
(a) Planning Commission.
(1) The Planning Commission shall take action on the final plat within thirty days after the same has been officially filed, as stated in Ohio R.C. 711.09; otherwise, such plat shall be deemed to have been approved. The certificate of the Commission as to the date of the submission of the plat for approval and the failure to take action within such time shall be sufficient in lieu of the written endorsement or evidence of approval herein required.
(2) All plats and attendant items, including plans, etc., shall have been reviewed and approved prior to the official filing of the final plat.
(b) Council or County Commissioners.
(1) Approval and acceptance of dedications by Council or, where applicable, the County Commissioners shall not be made until all required improvements have been completed and a maintenance bond submitted and approved or a performance bond guaranteeing the completion of such improvements has been submitted and approved as herein specified.
(2) Tentative approval. Tentative approval by Council or, where applicable, the County Commissioners shall be secured before starting construction where required improvements are to be completed prior to submission to the above for approval and acceptance of dedications.
(Ord. 39-81. Passed 10-7-81.)
1119.05 RELEASE.
After approval and acceptance of dedications, but where improvements have not been completed, building permits shall be issued only upon submission and approval of documents releasing the City or, where applicable, the County Commissioners of any obligation to provide access or services or any liability resulting therefrom. This document shall be judged satisfactory by the Director of Law or, where applicable, the County Prosecutor.
(Ord. 39-81. Passed 10-7-81.)
1121.01 REJECTION OF PLATS; APPEAL.
In the event the Planning Commission shall reject any plat or plan of a proposed allotment, development cr subdivision, they shall set forth the reasons for the rejection in writing and certify same to the party proposing such plat or plans. Any party desiring to appeal the ruling of the Commission may do so by filing written notice with the Clerk of Council of his intention to appeal within thirty days from the rejection of the plat or plan by the Commission. Council shall then set a time for hearing the matter which shall be not later than sixty days from the rejection of the plat or plan by the Commission. Notice of the time and place of hearing shall be given to the party proposing the plan or plat. In order for Council to reverse the Commission, a two-thirds vote of the members elected to Council shall be required. If reversed, Council shall certify to the Commission the fact that it has reversed the Commission and that the Commission shall approve that plat or plan.
(Ord. 39-81. Passed 10-7-81.)
1121.02 VALIDITY.
Each section and part thereof of this Title Three is declared to be a separate and distinct enactment, and should any section or part thereof of this Title Three be found or declared to be ineffective or invalid for any reason whatsoever, the other sections and parts thereof shall not thereby be impaired. (Ord. 39-81. Passed 10-7-81.)
1121.03 CIVIL PENALTY.
(a) Whoever violates any provision of these Subdivision Regulations or fails to comply with any order pursuant hereto shall be fined not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000). Such sum may be recovered with costs in a civil action brought in the Court of Common Pleas of Ashland County.
(b) A County Recorder who records a plat contrary to the provisions of these Regulations shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00), to be recovered with costs in a civil action by the Prosecuting Attorney in the name and for the use of the City.
(c) Whoever, being the owner or agent of the owner of any land within or without the Municipality transfers any lot, parcel or tract of such land from or in accordance with a plat of a subdivision before such plat has been recorded in the office of the County Recorder, shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) for each lot, parcel or tract of land so sold. The description of such lot, parcel or tract by metes and bounds in the deed or transfer shall not serve to exempt the seller from the forfeitures provided in this section.
If such land is within the Municipality, such sum may be recovered in a civil action, brought in any court of competent jurisdiction by the Director of Law or other corresponding official of the Municipality in the name of the Municipality and for the use of the street repair fund thereof.
If the land is situated outside the Municipality, such sum may be recovered in a civil action, brought by the Prosecuting Attorney, other corresponding official, or Planning Commission of the County in which the land is situated, in the name of the county and for the use of the road repair fund thereof.
(d) Any person who disposes of, offers for sale or leases for a time exceeding five years any lot or any part of a lot which is a subdivision before provisions of these Regulations are complied with shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) for each lot or part of a lot so sold, offered for sale or leased, to be recovered with costs in a civil action in the name of the City Clerk for the use of the City.
(Ord. 39-81. Passed 10-7-81.)
1121.99 CRIMINAL PENALTY.
Whoever violates any provision of these Subdivision Regulations is guilty of a misdemeanor of the first degree.
(Ord. 39-81. Passed 10-7-81.)
APPENDICES
EDITOR'S NOTE: Appendix A "Suggested Forms for Statement and Signatures to be Official on the Final Plat (Record Plat)" and Appendix B "Sample Documents" are on file with the Director of the Division of Engineering.