For purposes of these Subdivision Regulations the following words and phrases shall have the following meanings ascribed to them respectively.
(a) "Building setback line" means the line indicating the minimum horizontal distance between the street right-of-way line and buildings or any projections thereof, other than steps, unenclosed balconies and unenclosed porches.
(b) "Crosswalk" means a right-of-way, ten feet or more in width, dedicated or permanently reserved across a block in order to provide pedestrian access to adjacent streets or properties.
(c) "Easement" means a grant by a property owner of the use, for a specific purpose or purposes, of a strip or parcel of land to the general public, a corporation or a certain person or persons.
(d) "Improvements" means the furnishing of all materials, equipment, work and services, including plans and engineering services, staking and supervision necessary to construct all the improvements required in Chapter 1181, or any other improvements that may be provided by the subdivider. All of the materials, equipment and services shall be provided at the subdivider's cost and expense, although he may enter into a contract with individuals and firms to construct or complete the improvements.
(e) "Lot" means a portion of a subdivision or other parcel of land intended for transfer of ownership or for building development.
(f) "Major street" means a street shown on the major street plan, a part of the official plan.
(g) "Plat" means a map, drawing or chart upon which the subdivider's plan of the subdivision is presented and which he submits for approval and intends in final form to record.
(h) "Right of way" means the width, between property lines, of a road, street, parkway, alley or crosswalkway.
(i) "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. However, 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 the 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 sewers, water, storm drainage, or other public facilities.
(j) “Subdivision Regulations" or "these Regulations" means Ordinance 5579, passed December 21, 1964, as amended, which is codified as Title Seven of this Part Eleven - Planning and Zoning Code.
(1980 Code 152.01)
CITY OF ASHTABULA
1175.01 PLAT REQUIRED.
No owner, agent or person having control of any land within the City, or within the unincorporated area lying within three miles of the corporate limits of the City and not within or closer to the corporate limits of any other incorporated community, shall subdivide or lay out such land in lots unless by a plat in accordance with the regulations contained herein. No plat shall be recorded and no lot shall be sold from such plat unless and until approved as herein required.
(1980 Code 152.05)
1175.02 COMPLIANCE WITH DESIGN, IMPROVEMENT AND PLAT REQUIREMENTS.
The design and layout of all subdivisions shall conform with the requirements of Chapter 1177. The subdivider shall make improvements and shall submit preliminary and final plats, all in accordance with Chapters 1179, 1181 and 1183.
(1980 Code 152.06)
1175.03 CONSULTATION WITH OFFICIALS AND AGENCIES.
Before the subdivision plan is prepared, the subdivider shall consult with the City Engineer to become thoroughly familiar with all subdivision requirements and with all applicable zoning regulations and proposals of the master plan of the City or County affecting the territory in which the proposed subdivision lies. The subdivider shall also consult with the:
(a) City Engineer and Township Trustees regarding roads and drainage or other construction, and the availability of sanitary sewers and water lines; and
(b) "County Board of Health" regarding all sanitation, including wells and septic tanks when water and sanitary sewers are not available.
(1980 Code 152.07)
1175.04 PRELIMINARY PLAT APPROVAL OR DISAPPROVAL.
The subdivider shall prepare three copies of a preliminary plat of the proposed subdivision which shall be submitted to the City Engineer. The Engineer shall forward one copy to the County Board of Health and when the plat is located in the unincorporated portion of a township, one copy shall be given to the Township Trustees, and each shall make a review and report to the Planning Commission. Council shall then tentatively approve or disapprove the plat after recommendation by the Commission.
(1980 Code 152.08; Ord. 6769)
1175.05 FINAL PLAT APPROVAL; CERTIFICATION AND FILING.
(a) Following approval of the preliminary plat by the Planning Commission, the subdivider shall install the required improvements, or furnish a bond for such installation, all in accordance with the requirements of Chapter 1181. Upon approval of the improvements or arrangements therefor, the final plat shall be submitted in accordance with the provisions and requirements in Chapter 1183.
(b) After final approval by the Commission, the Secretary of the Commission shall certify the final approval to Council. Council shall then give its approval or disapproval of the plat. Upon approval by Council, the subdivider shall proceed to complete all work on the plat.
(c) The final plat, as approved by the Commission and Council, shall be filed in the office of the County Recorder.
(1980 Code 152.09)
1175.06 PLATTING FEES.
(a) Preliminary Plat. A minimum fee of ten dollars ($10.00) for each subdivision, plus twenty-five cents (25) for each lot exceeding five shall accompany an application for the approval of a preliminary plat.
(b) Final Plat. A minimum fee of fifteen dollars ($15.00) for each subdivision, plus fifty cents (50) for each lot exceeding five shall accompany an application for the approval of a final plat.
(c) Refunds. In the event that a plat is disapproved by the Planning Commission before any physical inspection has been made of the site, then the Commission may, at its discretion, order that the developer be refunded an amount not to exceed one-half of the fee paid to the City Auditor.
(1980 Code 152.10)
CITY OF ASHTABULA
1177.01 STANDARDS ARE MINIMUM.
The standards and details of design prescribed herein are intended only as the minimum requirements so that the general arrangement and layout of a subdivision may be adjusted to a wide variety of circumstances. However, in the design and development of the plat, the subdivider should use standards consistent with the site conditions to assure an economical, pleasant and durable neighborhood.
(1980 Code 152.15)
1177.02 RELATION TO ADJOINING STREET SYSTEM; STREET NAMES.
The arrangement of streets in new subdivisions shall make provision for the continuation of the existing streets in adjoining areas, or their proper projection where adjoining land is not subdivided, insofar as they may be deemed necessary for public requirements. The width of streets on new subdivisions shall not be less than the minimum widths established herein. The street and alley arrangements shall not cause hardship to owners of adjoining property in platting their own land and providing convenient access to it. Offset streets shall be avoided. The angle of intersection between minor streets and major streets shall not vary by more than ten degrees from a right angle. Streets obviously in alignment with existing streets shall bear the names of the existing streets. Proposed street names that are in conflict with existing street names shall not be approved. (1980 Code 152.16)
1177.03 STREET AND ALLEY WIDTHS AND LOCATIONS.
(a) The widths and locations of major streets shall conform to the widths and locations designated on the major street plan.
(b) The minimum width for minor streets shall be fifty feet. In cases where the topography or special conditions make a street of less width more suitable, the Planning Commission may waive the above requirements. When a street adjoins unsubdivided property, a half-street at least thirty feet in width shall be dedicated, and whenever the property being subdivided adjoins a half-street, the remainder of the street shall be dedicated.
(c) Alleys shall not be provided in a residential block. Alleys are required in the rear of all business lots, unless other adequate provisions are made for service and deliveries, and shall be at least twenty feet wide.
(1980 Code 152.17)
1177.04 EASEMENTS.
Easements of at least five feet in width shall be dedicated on each side of all rear lot lines and along side lot lines, where necessary, for poles, wires, conduits, storm and sanitary sewers, gas, water or other utilities. Easements of greater width may be required along or across lots where necessary for the extension of main sewers or other utilities, or where both water and sewer lines are located in the same easement.
(1980 Code 152.18.)
1177.05 BLOCKS; COURTS AND DEAD-END STREETS.
(a) No block shall be longer than 1,200 feet. Where blocks are over 750 feet in length, a crosswalk with a right-of-way of at least ten feet in width may be required near the center of the block.
(b) Courts, dead-end streets or other street space may be provided if proper access is given to all lots from a dedicated street or court. All dead-end streets shall terminate in a dedicated street space having a minimum radius of fifty feet, or other satisfactory means for turning of vehicle. Dead-end streets shall not exceed 1,000 feet in length.
(1980 Code 152.19)
1177.06 LOTS.
(a) Arrangement and Design. The lot arrangement and design shall be such that all lots shall provide satisfactory and desirable building sites properly related to topography and to the character of surrounding development.
(b) Side Lines. All side lines of lots shall be at right angles to straight street lines and radial to curved street lines, except where a variation of this rule will provide a better street and lot layout. Lots with double frontage shall be avoided.
(c) Corner Lots. Corner lots shall have a width sufficient to permit the establishment of front building lines on both the adjoining streets.
(d) Lots at Major and Acute Angle Intersections. Lots at major street intersections and at acute angle intersections of less than eighty-five degrees shall have a radius of twenty feet at the street corner. On business lots a chord may be substituted for the circular arc.
(e) Lot Dimensions.
(1) No lot shall have an area or width less than the maximum required for the R-1 District regardless of existing zoning.
(2) In any subdivision where neither a public sewer nor a public water supply is available, no lot shall have an area of less than 20,000 square feet or a width of less than 125 feet measured at the building line. Where a public water supply is available, but individual sewage disposal devices are used, no lot shall have an area of less than 12,000 square feet or a width of less than 100 feet.
(1980 Code 152.20; Ord. 6769)
1177.07 MAINTENANCE OF IMPROVEMENTS OUTSIDE CORPORATE LIMITS.
Where a subdivision outside the corporate limits contains sewers, sewage treatment plants, water supply systems, park areas or other physical facilities necessary or desirable for the welfare of the area and which are of common use or benefit and which the City or County does not desire to or cannot maintain, provision shall be made, by trust agreements made a part of the deed restrictions acceptable to the City, for the proper and continuous maintenance and supervision of the facilities by the lot owners in the subdivision.
(1980 Code 152.21)
1177.08 PARKS AND SCHOOL SITES.
Where an area being subdivided includes lands proposed to be used for parks or schools, under the duly adopted official comprehensive plan of the City and its environs, the subdivider shall not plat such lands as a part of the subdivision plat, and shall confer with the appropriate public agency regarding the time, method and amount of payment for the agency to acquire the land. If no agreement has been reached upon the acquisition of the area within two years from the date of the submission of the preliminary plat, the subdivider may then plat the balance of the area.
(1980 Code 152.22)
1177.09 EASEMENTS ALONG STREAMS.
Whenever any stream or important surface drainage course is located in any area which is being subdivided, the subdivider shall provide an adequate easement, as determined by the City Engineer, along each side of the stream for the purpose of widening, deepening, sloping, improving or protecting the stream. The easement shall be dedicated to the City or other appropriate public agency.
(1980 Code 152.23).
1177.10 EXCEPTIONS IN NEIGHBORHOOD UNIT DEVELOPMENTS.
Whenever a subdivision is developed as a modern neighborhood unit where adequate park area is provided, through traffic is adequately cared for, and the majority of the minor streets are of cul-de-sacs, the Planning Commission may vary the requirements of Sections 1177.03 through 1177.06 to allow the subdivider more freedom in the arrangement of the streets and lots, but at the same time protect the convenience, health and safety of the future residents of the subdivision as well as the general welfare of the City. In no case, however, shall the lot area per family requirement be less than is required in any zoning regulations.
(1980 Code 152.24)
1177.11 PROTECTION OF FLOODPLAINS.
Where any subdivision is located in an area subject to periodic floods, the Planning Commission shall not approve the plat. Where the subdivision is located in an area having poor drainage or other physical impairment, the Commission may approve the subdivision, provided the developer or subdivider agrees to perform improvements that shall render the area safe and satisfactory for use.
(1980 Code 152.25)
1177.12 ADDITIONAL RIGHTS OF WAY REGULATIONS.
All rights-of-way within any subdivision are subject to, and shall be in accordance with, all applicable regulations and requirements set forth in the Codified Ordinances of Ashtabula, Part Nine – Streets, Utilities and Public Services Code.
The preliminary plat of a subdivision is not intended to serve as a record plat. Its purpose is to show on a map all facts needed to enable the Planning Commission to determine whether the proposed layout of the land in question is satisfactory from the standpoint of the public interest. The preliminary layout should be planned by a qualified technician trained in the layout of subdivisions. Plats containing five lots or less and not involving new streets may be exempted from the provisions of this chapter upon application to the Commission.
(1980 Code 152.30)
1179.02 CONTENTS.
The preliminary plat shall be drawn at a scale of not more than 100 feet to the inch on one or more sheets, preferably with dimensions of twenty-two inches by twenty-four inches, and shall show the following graphic and descriptive items:
(a) Items pertaining to the title:
(1) Proposed name of the subdivision. The names shall not duplicate or too closely approximate, phonetically or otherwise, the name of any other subdivision or street in the City area;
(2) Location by outlot or inlot:
(3) Name and address of developer, engineer or other technician who made the preliminary plan; and
(4) North point, scale and date.
(b) Existing items pertaining to the plan.
(1) Boundaries of the proposed subdivision, indicated by a heavy, solid line, and the approximate acreage comprised therein;
(2) Location, widths and names of all existing or platted streets indicated as to dedicated or undedicated, constructed or unimproved, official thoroughfares or other public ways, railroad and utility rights-of-way, easements, parks and other public open spaces, permanent buildings, section and corporation lines, within or adjacent to the tract;
(3) Existing sewers, water mains, culverts or other underground items within the tract or immediately adjacent thereto, with pipe sizes, grades and locations indicated;
(4) Names of adjacent subdivisions and owners of adjoining parcels of unsubdivided land. Unsubdivided land shall be shown by dashed lines; and
(5) Contours, referred to City datum, with intervals of five feet or less.
(c) Proposed items pertaining to the plan:
(1) Preliminary layout of streets, including names and widths of proposed streets, and widths of alleys, crosswalks and easements;
(2) Layout, numbers and approximate dimension of lots:
(3) Parcels of land intended to be dedicated or temporarily reserved for public use, and the conditions of such dedication or reservation;
(4) A brief written description of the improvements to be installed in the subdivision;
(5) Indication as to proposed use of lots; and
(6) An outline of any protective covenants and restrictions that are to be placed upon the lots.
(1980 Code 152.31)
1179.03 APPROVAL.
If the Planning Commission finds that the preliminary plat satisfies the requirements of these Subdivision Regulations, it shall approve the plat. The approval of the preliminary plat is authority for the subdivider to proceed with the plans and specifications and installation of the improvements, or the arrangements to guarantee construction of such improvements required in Chapter 1181, and to proceed with preparation of the final plat in a form satisfactory for recording.
CITY OF ASHTABULA
1181.01 IMPROVEMENTS OR BOND REQUIRED PRIOR TO PLAT APPROVAL.
No final plat of any subdivision shall be approved unless:
(a) The improvements specified in these Subdivision Regulations have been installed prior to such approval; or
(b) The subdivider shall have filed with the City Manager a cashier's or certified check or a performance bond with good and sufficient sureties that the subdivider shall construct all the required improvements in accordance with the plans and specifications as approved by the City Engineer or officials having jurisdiction. The deposit or bond shall be in an amount equal to the cost of constructing the improvements, as estimated by the City or other appropriate officials, and shall be in a form with surety and conditions approved by the City Solicitor.
(1980 Code 152.35)
1181.02 SUBMISSION OF PLANS; SUPERVISION OF WORK.
Plans and specifications for all of the improvements required herein shall be submitted to the City Engineer or other officials having jurisdiction and, when approved, the improvements shall be carried out under their supervision.
(1980 Code 152.36)
1181.03 STREETS.
(a) All streets and public ways shall be graded to their full width, including side slopes, and to the appropriate grade as determined or approved by the City Engineer or other officials having jurisdiction. Where the streets serve lots having an area of less than 20,000 square feet, they shall be surfaced to a width of not less than twenty-six feet with a compacted gravel base of not less than ten inches or a crushed limestone base of not less than six inches, and each shall be treated with a double seal coat. All of the construction shall be in accordance with standards and specifications of the City Engineer. Unless excepted by the City Engineer, rolled bituminous or concrete curbs shall be installed along each side of the pavement.
(b) Where lots are 20,000 square feet or more in area, pavements of twenty feet in width conforming to the above standards, but without curbs and gutters, may be used, but usable shoulders with a slope of one-half inch per foot shall be provided along any twenty foot pavement.
(1980 Code 152.37)
1181.04 SIDEWALKS.
Concrete sidewalks not less than four feet in width shall be constructed along at least one side of every street shown on the plat in accordance with applicable standard specifications of the City Engineer. (Ord. 2010-155. Passed 11-1-10.)
1181.05 WATER LINES.
(a) Where a subdivision is located within 300 feet of an existing water main, each lot shall be provided with a connection to the water system, the water mains to be installed by the company owning the water system. Fire hydrants shall also be installed in all subdivisions within the corporate limits,
(b) In subdivisions more than 300 feet from an existing main, pending availability of a public water supply, wells, or a private water supply system shall be constructed to insure that an adequate supply of potable water shall be available to each lot.
(1980 Code 152.39)
1181.06 SANITARY SEWERS.
(a) Where a subdivision is located within 300 feet of an existing sanitary sewer, the subdivider shall install sanitary sewerage in accordance with plans approved by the City Engineer.
Properties with existing, functioning, certified, and working septic systems within the Ashtabula City limits are grandfathered, however once the sanitary sewer becomes readily available at the property frontage, the owner will be given notice of the need to tap-in to the system within 180 days (6 months). (Ord. 1995-195. Passed 11-6-95.)
(b) In other cases, where lots are less than 20,000 square feet and where plans for the installation of sanitary sewers in the vicinity of the subdivision have been prepared by the City or another agency, the subdivider may be required to install sewers in conformity with such plans. In such cases, until a connection can be made with the public sewer system, the use of a primary sewage treatment plant shall be permitted, provided the disposal facilities are constructed in accordance with the requirements of the State Department of Health and the County Board of Health.
(c) In subdivisions where the lots are 20,000 square feet or more, are a minimum width of 100 feet, and are not served by a public supply of potable water, the subdivider may install individual disposal devices for each lot at the time improvements are erected thereon. If a lot is served by a public supply of potable water, has an area of not less than 12,000 square feet, and a width of eighty feet or more, the subdivider also may install individual disposal services. All individual sewage disposal systems shall be constructed in accordance with regulations and requirements of the State Department of Health and the County Board of Health.
(1980 Code 152.40)
1181.07 STORM DRAINAGE.
All necessary improvements, including storm sewers or open drainage ditches, shall be made to provide for the adequate disposal of storm water and to maintain any natural drainage course. All construction shall be in accordance with plans approved by the City Engineer or by other officials having jurisdiction.
(1980 Code 152.41)
1181.08 MONUMENTS AND STAKES.
(a) Permanent monuments shall be accurately set and established as follows:
(1) At the intersection of all outside boundary lines of the plat.
(2) At intersection of these boundary lines with all street lines;
(3) At least at diagonally opposite corners of each street intersection;
(4) At the beginning and end of all curves;
(5) At points on curves where the radius or direction changes; and
(6) At other points necessary to definitely establish all lines of the plat, except those outlining individual lots.
(b) Monuments shall be iron pin or pipe not less than three feet long and four inches square or round at the top, with appropriate cross mark, or other type as approved by the City Engineer.
(c) Permanent iron pins at least thirty inches long and three-fourths inch in diameter, or some other suitable permanent marker, shall be placed at all corners of each lot.
(1980 Code 152.42)
1181.09 INSTALLATION OF PART OF IMPROVEMENTS.
The owner of a tract may prepare and secure approval of a preliminary plat for the entire tract and may install the required improvements only in a portion of the tract, but the improvements shall be installed or provision made for their installation in any portion of the area for which a final plat is approved for recording. However, any water mains, storm sewers, trunk sewers and any sewage treatment plants shall be designed and built to serve all the area owned by the subdivider or designed and built in such a manner that they can easily be expanded or extended to serve the entire area. Further, the requirements of Section 1177.04 shall be met.
(1980 Code 152.43)
CITY OF ASHTABULA
1183.01 SCALE.
The final plat shall be drawn on tracing cloth to a scale of not more than 100 feet to the inch, from an accurate survey, and one or more sheets whose dimensions are twenty-two inches by twenty-four inches.
If more than two sheets are required, an index sheet of the same dimensions shall be filed showing the entire subdivision on one sheet and the component areas on other sheets.
(1980 Code 152.45)
1183.02 SUBMISSION TO AND CERTIFICATION BY COMMISSION; SUBMISSION TO COUNCIL.
The original and five prints of the final plat shall be submitted to the Planning Commission at least one week before the meeting thereon. When the final plat conforms to the approved preliminary plat and the requirements of Chapter 1181 and this chapter have been accomplished, certification to this effect shall be endorsed on the final plat by the President of the Commission, and the plat thereupon submitted to Council for it approval or disapproval.
(1980 Code 152.46)
1183.03 CONTENTS OF PLAT AND ACCOMPANYING DOCUMENTS.
The final plat and accompanying documents shall show:
(a) The boundary lines of the area being subdivided with accurate distances and angles. The correct legal description of the property being subdivided shall be shown on the plat or on an accompanying certificate.
(b) The lines of all proposed streets and alleys with their widths, and the names of all streets.
(c) The accurate outlines of any portions of the property intended to be dedicated or granted for public use.
(d) The lines of all adjoining property, the lines of adjoining streets and alleys with their widths, and the names of all streets.
(e) All lot lines, together with an identification of all lots and blocks.
(f) The location of all easements provided for public use, services or utilities.
(g) All dimensions both linear and angular, necessary for locating the boundaries of the subdivision, lots, streets, alleys, easements and other areas for public or private use. Linear dimensions are to be given to the nearest hundredth of a foot.
(h) The radii, arcs or chords, points of tangency, and central angles for all curvilinear, streets and radii for rounded corners.
(i) The location of all survey monuments and their descriptions.
(j) The name of the subdivision, the scale of the plat, points of the compass, the name of the owner or owners or subdividers.
(k) The certificate of a registered engineer or surveyor attesting the accuracy of the survey and the correct location of all monuments shown.
(l) Any private restrictions and trusteeships and their periods of existence. Should these restrictions or trusteeships be of such length as to make their lettering on the plat impracticable, and thus necessitate the preparation of a separate instrument, reference to such instrument shall be made on the plat.
(m) Acknowledgement of the owner or owners to the plat, restrictions including dedication to public use of all streets, alleys, parks or other open spaces shown thereon, and the granting of easements required.
(n) A receipt or certificate showing that there are no unpaid taxes or assessments upon any part of the area within the subdivision.
(1980 Code 152.47)
1183.04 FILING.
After the final plat has been approved by the Planning Commission and Council and the necessary approvals are endorsed thereon in writing, it shall be filed for recording in the office of the County Recorder.
(1980 Code 152.48)
CITY OF ASHTABULA
1185.01 GRANTING OF VARIANCES.
Whenever the tract to be subdivided is of such unusual size or shape, or is surrounded by such development or unusual conditions, that the strict application of the requirements contained in these platting and subdivision regulations would result in real difficulties or substantial hardship or injustice, the Planning Commission may vary or modify the requirements so that the subdivider may develop his property in a reasonable manner, but so that, at the same time, the public welfare and interests of the City and the surrounding area are protected and the general intent and spirit of these platting and subdivision regulations preserved.
(1980 Code 152.50)
1185.02 CHANGES AND AMENDMENTS.
(a) Any regulations or provisions of these Subdivision Regulations may be changed or amended from time to time by Council. However, changes or amendments shall not become effective until study and report by the Planning Commission have been made and until a public hearing has been held, public notice of which hearing shall have been given in a newspaper of general circulation at least thirty days prior to the hearing.
(b) In order to prevent unnecessary delay, the President or Secretary of the Planning Commission is authorized to forward the report of the Planning Commission to the Clerk of Council without awaiting a formal approval of the minutes of the meeting at which said report was agreed upon. The report shall include a summary of the factors considered by the Planning Commission, including but not limited to potential impact on the area, public or neighbors' comments, and effect upon the City's Zoning Plan if any. The Clerk of Council may proceed to schedule and give notice of the public hearing required in paragraph (a), above, upon receipt of same. Any member of the Planning Commission wishing to address Council regarding any objection to the contents of the report shall be given an opportunity to do so at the public hearing, and such objection shall be considered by Council.
(Ord. 2010-186. Passed 12-20-10.)
1185.03 APPROVAL PRIOR TO RECORDATION REQUIRED.
No plat of any subdivision shall be entitled to record in the office of the County Recorder or shall have any validity until it has been approved in the manner prescribed herein. It shall be unlawful for the County Recorder to record any plat of a subdivision within the jurisdiction of the Planning Commission until the plat has been approved as required herein and the approval has been endorsed in writing on the plat.
(1980 Code 152.52)
1185.04 UNLAWFUL SALE OR TRANSFER OF LAND.
No owner, or the agent of an owner, shall transfer or sell any land by reference to or by other use of a plat or description, unless the plat has been approved as required herein.
(1980 Code 152.53)
1185.05 CITATIONS.
The Building Inspector is authorized and directed to issue citations requiring the cited individual to appear before the Municipal Court for the purpose of entering a plea of guilty, not guilty or no contest to the criminal charge of violating specific sections of the City Subdivision Regulations.
(Ord. 1991-204. Passed 8-12-91.)
1185.99 PENALTY.
Whoever willfully violates any of the rules and regulations prescribed in Title Eleven hereof or fails to comply with any order issued pursuant hereto, shall forfeit and pay not less than ten dollars ($10.00) or more than one thousand dollars ($1,000). The sum may be recovered with costs in a civil action brought in the County Court of Common Pleas by the legal representative and in the name of the City.
(Ord. 1994-147. Passed 8-1-94.)
Ashtabula City Zoning Code
TITLE SEVEN
Subdivision Regulations
1173.01 DEFINITIONS.
For purposes of these Subdivision Regulations the following words and phrases shall have the following meanings ascribed to them respectively.
(a) "Building setback line" means the line indicating the minimum horizontal distance between the street right-of-way line and buildings or any projections thereof, other than steps, unenclosed balconies and unenclosed porches.
(b) "Crosswalk" means a right-of-way, ten feet or more in width, dedicated or permanently reserved across a block in order to provide pedestrian access to adjacent streets or properties.
(c) "Easement" means a grant by a property owner of the use, for a specific purpose or purposes, of a strip or parcel of land to the general public, a corporation or a certain person or persons.
(d) "Improvements" means the furnishing of all materials, equipment, work and services, including plans and engineering services, staking and supervision necessary to construct all the improvements required in Chapter 1181, or any other improvements that may be provided by the subdivider. All of the materials, equipment and services shall be provided at the subdivider's cost and expense, although he may enter into a contract with individuals and firms to construct or complete the improvements.
(e) "Lot" means a portion of a subdivision or other parcel of land intended for transfer of ownership or for building development.
(f) "Major street" means a street shown on the major street plan, a part of the official plan.
(g) "Plat" means a map, drawing or chart upon which the subdivider's plan of the subdivision is presented and which he submits for approval and intends in final form to record.
(h) "Right of way" means the width, between property lines, of a road, street, parkway, alley or crosswalkway.
(i) "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. However, 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 the 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 sewers, water, storm drainage, or other public facilities.
(j) “Subdivision Regulations" or "these Regulations" means Ordinance 5579, passed December 21, 1964, as amended, which is codified as Title Seven of this Part Eleven - Planning and Zoning Code.
(1980 Code 152.01)
CITY OF ASHTABULA
1175.01 PLAT REQUIRED.
No owner, agent or person having control of any land within the City, or within the unincorporated area lying within three miles of the corporate limits of the City and not within or closer to the corporate limits of any other incorporated community, shall subdivide or lay out such land in lots unless by a plat in accordance with the regulations contained herein. No plat shall be recorded and no lot shall be sold from such plat unless and until approved as herein required.
(1980 Code 152.05)
1175.02 COMPLIANCE WITH DESIGN, IMPROVEMENT AND PLAT REQUIREMENTS.
The design and layout of all subdivisions shall conform with the requirements of Chapter 1177. The subdivider shall make improvements and shall submit preliminary and final plats, all in accordance with Chapters 1179, 1181 and 1183.
(1980 Code 152.06)
1175.03 CONSULTATION WITH OFFICIALS AND AGENCIES.
Before the subdivision plan is prepared, the subdivider shall consult with the City Engineer to become thoroughly familiar with all subdivision requirements and with all applicable zoning regulations and proposals of the master plan of the City or County affecting the territory in which the proposed subdivision lies. The subdivider shall also consult with the:
(a) City Engineer and Township Trustees regarding roads and drainage or other construction, and the availability of sanitary sewers and water lines; and
(b) "County Board of Health" regarding all sanitation, including wells and septic tanks when water and sanitary sewers are not available.
(1980 Code 152.07)
1175.04 PRELIMINARY PLAT APPROVAL OR DISAPPROVAL.
The subdivider shall prepare three copies of a preliminary plat of the proposed subdivision which shall be submitted to the City Engineer. The Engineer shall forward one copy to the County Board of Health and when the plat is located in the unincorporated portion of a township, one copy shall be given to the Township Trustees, and each shall make a review and report to the Planning Commission. Council shall then tentatively approve or disapprove the plat after recommendation by the Commission.
(1980 Code 152.08; Ord. 6769)
1175.05 FINAL PLAT APPROVAL; CERTIFICATION AND FILING.
(a) Following approval of the preliminary plat by the Planning Commission, the subdivider shall install the required improvements, or furnish a bond for such installation, all in accordance with the requirements of Chapter 1181. Upon approval of the improvements or arrangements therefor, the final plat shall be submitted in accordance with the provisions and requirements in Chapter 1183.
(b) After final approval by the Commission, the Secretary of the Commission shall certify the final approval to Council. Council shall then give its approval or disapproval of the plat. Upon approval by Council, the subdivider shall proceed to complete all work on the plat.
(c) The final plat, as approved by the Commission and Council, shall be filed in the office of the County Recorder.
(1980 Code 152.09)
1175.06 PLATTING FEES.
(a) Preliminary Plat. A minimum fee of ten dollars ($10.00) for each subdivision, plus twenty-five cents (25) for each lot exceeding five shall accompany an application for the approval of a preliminary plat.
(b) Final Plat. A minimum fee of fifteen dollars ($15.00) for each subdivision, plus fifty cents (50) for each lot exceeding five shall accompany an application for the approval of a final plat.
(c) Refunds. In the event that a plat is disapproved by the Planning Commission before any physical inspection has been made of the site, then the Commission may, at its discretion, order that the developer be refunded an amount not to exceed one-half of the fee paid to the City Auditor.
(1980 Code 152.10)
CITY OF ASHTABULA
1177.01 STANDARDS ARE MINIMUM.
The standards and details of design prescribed herein are intended only as the minimum requirements so that the general arrangement and layout of a subdivision may be adjusted to a wide variety of circumstances. However, in the design and development of the plat, the subdivider should use standards consistent with the site conditions to assure an economical, pleasant and durable neighborhood.
(1980 Code 152.15)
1177.02 RELATION TO ADJOINING STREET SYSTEM; STREET NAMES.
The arrangement of streets in new subdivisions shall make provision for the continuation of the existing streets in adjoining areas, or their proper projection where adjoining land is not subdivided, insofar as they may be deemed necessary for public requirements. The width of streets on new subdivisions shall not be less than the minimum widths established herein. The street and alley arrangements shall not cause hardship to owners of adjoining property in platting their own land and providing convenient access to it. Offset streets shall be avoided. The angle of intersection between minor streets and major streets shall not vary by more than ten degrees from a right angle. Streets obviously in alignment with existing streets shall bear the names of the existing streets. Proposed street names that are in conflict with existing street names shall not be approved. (1980 Code 152.16)
1177.03 STREET AND ALLEY WIDTHS AND LOCATIONS.
(a) The widths and locations of major streets shall conform to the widths and locations designated on the major street plan.
(b) The minimum width for minor streets shall be fifty feet. In cases where the topography or special conditions make a street of less width more suitable, the Planning Commission may waive the above requirements. When a street adjoins unsubdivided property, a half-street at least thirty feet in width shall be dedicated, and whenever the property being subdivided adjoins a half-street, the remainder of the street shall be dedicated.
(c) Alleys shall not be provided in a residential block. Alleys are required in the rear of all business lots, unless other adequate provisions are made for service and deliveries, and shall be at least twenty feet wide.
(1980 Code 152.17)
1177.04 EASEMENTS.
Easements of at least five feet in width shall be dedicated on each side of all rear lot lines and along side lot lines, where necessary, for poles, wires, conduits, storm and sanitary sewers, gas, water or other utilities. Easements of greater width may be required along or across lots where necessary for the extension of main sewers or other utilities, or where both water and sewer lines are located in the same easement.
(1980 Code 152.18.)
1177.05 BLOCKS; COURTS AND DEAD-END STREETS.
(a) No block shall be longer than 1,200 feet. Where blocks are over 750 feet in length, a crosswalk with a right-of-way of at least ten feet in width may be required near the center of the block.
(b) Courts, dead-end streets or other street space may be provided if proper access is given to all lots from a dedicated street or court. All dead-end streets shall terminate in a dedicated street space having a minimum radius of fifty feet, or other satisfactory means for turning of vehicle. Dead-end streets shall not exceed 1,000 feet in length.
(1980 Code 152.19)
1177.06 LOTS.
(a) Arrangement and Design. The lot arrangement and design shall be such that all lots shall provide satisfactory and desirable building sites properly related to topography and to the character of surrounding development.
(b) Side Lines. All side lines of lots shall be at right angles to straight street lines and radial to curved street lines, except where a variation of this rule will provide a better street and lot layout. Lots with double frontage shall be avoided.
(c) Corner Lots. Corner lots shall have a width sufficient to permit the establishment of front building lines on both the adjoining streets.
(d) Lots at Major and Acute Angle Intersections. Lots at major street intersections and at acute angle intersections of less than eighty-five degrees shall have a radius of twenty feet at the street corner. On business lots a chord may be substituted for the circular arc.
(e) Lot Dimensions.
(1) No lot shall have an area or width less than the maximum required for the R-1 District regardless of existing zoning.
(2) In any subdivision where neither a public sewer nor a public water supply is available, no lot shall have an area of less than 20,000 square feet or a width of less than 125 feet measured at the building line. Where a public water supply is available, but individual sewage disposal devices are used, no lot shall have an area of less than 12,000 square feet or a width of less than 100 feet.
(1980 Code 152.20; Ord. 6769)
1177.07 MAINTENANCE OF IMPROVEMENTS OUTSIDE CORPORATE LIMITS.
Where a subdivision outside the corporate limits contains sewers, sewage treatment plants, water supply systems, park areas or other physical facilities necessary or desirable for the welfare of the area and which are of common use or benefit and which the City or County does not desire to or cannot maintain, provision shall be made, by trust agreements made a part of the deed restrictions acceptable to the City, for the proper and continuous maintenance and supervision of the facilities by the lot owners in the subdivision.
(1980 Code 152.21)
1177.08 PARKS AND SCHOOL SITES.
Where an area being subdivided includes lands proposed to be used for parks or schools, under the duly adopted official comprehensive plan of the City and its environs, the subdivider shall not plat such lands as a part of the subdivision plat, and shall confer with the appropriate public agency regarding the time, method and amount of payment for the agency to acquire the land. If no agreement has been reached upon the acquisition of the area within two years from the date of the submission of the preliminary plat, the subdivider may then plat the balance of the area.
(1980 Code 152.22)
1177.09 EASEMENTS ALONG STREAMS.
Whenever any stream or important surface drainage course is located in any area which is being subdivided, the subdivider shall provide an adequate easement, as determined by the City Engineer, along each side of the stream for the purpose of widening, deepening, sloping, improving or protecting the stream. The easement shall be dedicated to the City or other appropriate public agency.
(1980 Code 152.23).
1177.10 EXCEPTIONS IN NEIGHBORHOOD UNIT DEVELOPMENTS.
Whenever a subdivision is developed as a modern neighborhood unit where adequate park area is provided, through traffic is adequately cared for, and the majority of the minor streets are of cul-de-sacs, the Planning Commission may vary the requirements of Sections 1177.03 through 1177.06 to allow the subdivider more freedom in the arrangement of the streets and lots, but at the same time protect the convenience, health and safety of the future residents of the subdivision as well as the general welfare of the City. In no case, however, shall the lot area per family requirement be less than is required in any zoning regulations.
(1980 Code 152.24)
1177.11 PROTECTION OF FLOODPLAINS.
Where any subdivision is located in an area subject to periodic floods, the Planning Commission shall not approve the plat. Where the subdivision is located in an area having poor drainage or other physical impairment, the Commission may approve the subdivision, provided the developer or subdivider agrees to perform improvements that shall render the area safe and satisfactory for use.
(1980 Code 152.25)
1177.12 ADDITIONAL RIGHTS OF WAY REGULATIONS.
All rights-of-way within any subdivision are subject to, and shall be in accordance with, all applicable regulations and requirements set forth in the Codified Ordinances of Ashtabula, Part Nine – Streets, Utilities and Public Services Code.
The preliminary plat of a subdivision is not intended to serve as a record plat. Its purpose is to show on a map all facts needed to enable the Planning Commission to determine whether the proposed layout of the land in question is satisfactory from the standpoint of the public interest. The preliminary layout should be planned by a qualified technician trained in the layout of subdivisions. Plats containing five lots or less and not involving new streets may be exempted from the provisions of this chapter upon application to the Commission.
(1980 Code 152.30)
1179.02 CONTENTS.
The preliminary plat shall be drawn at a scale of not more than 100 feet to the inch on one or more sheets, preferably with dimensions of twenty-two inches by twenty-four inches, and shall show the following graphic and descriptive items:
(a) Items pertaining to the title:
(1) Proposed name of the subdivision. The names shall not duplicate or too closely approximate, phonetically or otherwise, the name of any other subdivision or street in the City area;
(2) Location by outlot or inlot:
(3) Name and address of developer, engineer or other technician who made the preliminary plan; and
(4) North point, scale and date.
(b) Existing items pertaining to the plan.
(1) Boundaries of the proposed subdivision, indicated by a heavy, solid line, and the approximate acreage comprised therein;
(2) Location, widths and names of all existing or platted streets indicated as to dedicated or undedicated, constructed or unimproved, official thoroughfares or other public ways, railroad and utility rights-of-way, easements, parks and other public open spaces, permanent buildings, section and corporation lines, within or adjacent to the tract;
(3) Existing sewers, water mains, culverts or other underground items within the tract or immediately adjacent thereto, with pipe sizes, grades and locations indicated;
(4) Names of adjacent subdivisions and owners of adjoining parcels of unsubdivided land. Unsubdivided land shall be shown by dashed lines; and
(5) Contours, referred to City datum, with intervals of five feet or less.
(c) Proposed items pertaining to the plan:
(1) Preliminary layout of streets, including names and widths of proposed streets, and widths of alleys, crosswalks and easements;
(2) Layout, numbers and approximate dimension of lots:
(3) Parcels of land intended to be dedicated or temporarily reserved for public use, and the conditions of such dedication or reservation;
(4) A brief written description of the improvements to be installed in the subdivision;
(5) Indication as to proposed use of lots; and
(6) An outline of any protective covenants and restrictions that are to be placed upon the lots.
(1980 Code 152.31)
1179.03 APPROVAL.
If the Planning Commission finds that the preliminary plat satisfies the requirements of these Subdivision Regulations, it shall approve the plat. The approval of the preliminary plat is authority for the subdivider to proceed with the plans and specifications and installation of the improvements, or the arrangements to guarantee construction of such improvements required in Chapter 1181, and to proceed with preparation of the final plat in a form satisfactory for recording.
CITY OF ASHTABULA
1181.01 IMPROVEMENTS OR BOND REQUIRED PRIOR TO PLAT APPROVAL.
No final plat of any subdivision shall be approved unless:
(a) The improvements specified in these Subdivision Regulations have been installed prior to such approval; or
(b) The subdivider shall have filed with the City Manager a cashier's or certified check or a performance bond with good and sufficient sureties that the subdivider shall construct all the required improvements in accordance with the plans and specifications as approved by the City Engineer or officials having jurisdiction. The deposit or bond shall be in an amount equal to the cost of constructing the improvements, as estimated by the City or other appropriate officials, and shall be in a form with surety and conditions approved by the City Solicitor.
(1980 Code 152.35)
1181.02 SUBMISSION OF PLANS; SUPERVISION OF WORK.
Plans and specifications for all of the improvements required herein shall be submitted to the City Engineer or other officials having jurisdiction and, when approved, the improvements shall be carried out under their supervision.
(1980 Code 152.36)
1181.03 STREETS.
(a) All streets and public ways shall be graded to their full width, including side slopes, and to the appropriate grade as determined or approved by the City Engineer or other officials having jurisdiction. Where the streets serve lots having an area of less than 20,000 square feet, they shall be surfaced to a width of not less than twenty-six feet with a compacted gravel base of not less than ten inches or a crushed limestone base of not less than six inches, and each shall be treated with a double seal coat. All of the construction shall be in accordance with standards and specifications of the City Engineer. Unless excepted by the City Engineer, rolled bituminous or concrete curbs shall be installed along each side of the pavement.
(b) Where lots are 20,000 square feet or more in area, pavements of twenty feet in width conforming to the above standards, but without curbs and gutters, may be used, but usable shoulders with a slope of one-half inch per foot shall be provided along any twenty foot pavement.
(1980 Code 152.37)
1181.04 SIDEWALKS.
Concrete sidewalks not less than four feet in width shall be constructed along at least one side of every street shown on the plat in accordance with applicable standard specifications of the City Engineer. (Ord. 2010-155. Passed 11-1-10.)
1181.05 WATER LINES.
(a) Where a subdivision is located within 300 feet of an existing water main, each lot shall be provided with a connection to the water system, the water mains to be installed by the company owning the water system. Fire hydrants shall also be installed in all subdivisions within the corporate limits,
(b) In subdivisions more than 300 feet from an existing main, pending availability of a public water supply, wells, or a private water supply system shall be constructed to insure that an adequate supply of potable water shall be available to each lot.
(1980 Code 152.39)
1181.06 SANITARY SEWERS.
(a) Where a subdivision is located within 300 feet of an existing sanitary sewer, the subdivider shall install sanitary sewerage in accordance with plans approved by the City Engineer.
Properties with existing, functioning, certified, and working septic systems within the Ashtabula City limits are grandfathered, however once the sanitary sewer becomes readily available at the property frontage, the owner will be given notice of the need to tap-in to the system within 180 days (6 months). (Ord. 1995-195. Passed 11-6-95.)
(b) In other cases, where lots are less than 20,000 square feet and where plans for the installation of sanitary sewers in the vicinity of the subdivision have been prepared by the City or another agency, the subdivider may be required to install sewers in conformity with such plans. In such cases, until a connection can be made with the public sewer system, the use of a primary sewage treatment plant shall be permitted, provided the disposal facilities are constructed in accordance with the requirements of the State Department of Health and the County Board of Health.
(c) In subdivisions where the lots are 20,000 square feet or more, are a minimum width of 100 feet, and are not served by a public supply of potable water, the subdivider may install individual disposal devices for each lot at the time improvements are erected thereon. If a lot is served by a public supply of potable water, has an area of not less than 12,000 square feet, and a width of eighty feet or more, the subdivider also may install individual disposal services. All individual sewage disposal systems shall be constructed in accordance with regulations and requirements of the State Department of Health and the County Board of Health.
(1980 Code 152.40)
1181.07 STORM DRAINAGE.
All necessary improvements, including storm sewers or open drainage ditches, shall be made to provide for the adequate disposal of storm water and to maintain any natural drainage course. All construction shall be in accordance with plans approved by the City Engineer or by other officials having jurisdiction.
(1980 Code 152.41)
1181.08 MONUMENTS AND STAKES.
(a) Permanent monuments shall be accurately set and established as follows:
(1) At the intersection of all outside boundary lines of the plat.
(2) At intersection of these boundary lines with all street lines;
(3) At least at diagonally opposite corners of each street intersection;
(4) At the beginning and end of all curves;
(5) At points on curves where the radius or direction changes; and
(6) At other points necessary to definitely establish all lines of the plat, except those outlining individual lots.
(b) Monuments shall be iron pin or pipe not less than three feet long and four inches square or round at the top, with appropriate cross mark, or other type as approved by the City Engineer.
(c) Permanent iron pins at least thirty inches long and three-fourths inch in diameter, or some other suitable permanent marker, shall be placed at all corners of each lot.
(1980 Code 152.42)
1181.09 INSTALLATION OF PART OF IMPROVEMENTS.
The owner of a tract may prepare and secure approval of a preliminary plat for the entire tract and may install the required improvements only in a portion of the tract, but the improvements shall be installed or provision made for their installation in any portion of the area for which a final plat is approved for recording. However, any water mains, storm sewers, trunk sewers and any sewage treatment plants shall be designed and built to serve all the area owned by the subdivider or designed and built in such a manner that they can easily be expanded or extended to serve the entire area. Further, the requirements of Section 1177.04 shall be met.
(1980 Code 152.43)
CITY OF ASHTABULA
1183.01 SCALE.
The final plat shall be drawn on tracing cloth to a scale of not more than 100 feet to the inch, from an accurate survey, and one or more sheets whose dimensions are twenty-two inches by twenty-four inches.
If more than two sheets are required, an index sheet of the same dimensions shall be filed showing the entire subdivision on one sheet and the component areas on other sheets.
(1980 Code 152.45)
1183.02 SUBMISSION TO AND CERTIFICATION BY COMMISSION; SUBMISSION TO COUNCIL.
The original and five prints of the final plat shall be submitted to the Planning Commission at least one week before the meeting thereon. When the final plat conforms to the approved preliminary plat and the requirements of Chapter 1181 and this chapter have been accomplished, certification to this effect shall be endorsed on the final plat by the President of the Commission, and the plat thereupon submitted to Council for it approval or disapproval.
(1980 Code 152.46)
1183.03 CONTENTS OF PLAT AND ACCOMPANYING DOCUMENTS.
The final plat and accompanying documents shall show:
(a) The boundary lines of the area being subdivided with accurate distances and angles. The correct legal description of the property being subdivided shall be shown on the plat or on an accompanying certificate.
(b) The lines of all proposed streets and alleys with their widths, and the names of all streets.
(c) The accurate outlines of any portions of the property intended to be dedicated or granted for public use.
(d) The lines of all adjoining property, the lines of adjoining streets and alleys with their widths, and the names of all streets.
(e) All lot lines, together with an identification of all lots and blocks.
(f) The location of all easements provided for public use, services or utilities.
(g) All dimensions both linear and angular, necessary for locating the boundaries of the subdivision, lots, streets, alleys, easements and other areas for public or private use. Linear dimensions are to be given to the nearest hundredth of a foot.
(h) The radii, arcs or chords, points of tangency, and central angles for all curvilinear, streets and radii for rounded corners.
(i) The location of all survey monuments and their descriptions.
(j) The name of the subdivision, the scale of the plat, points of the compass, the name of the owner or owners or subdividers.
(k) The certificate of a registered engineer or surveyor attesting the accuracy of the survey and the correct location of all monuments shown.
(l) Any private restrictions and trusteeships and their periods of existence. Should these restrictions or trusteeships be of such length as to make their lettering on the plat impracticable, and thus necessitate the preparation of a separate instrument, reference to such instrument shall be made on the plat.
(m) Acknowledgement of the owner or owners to the plat, restrictions including dedication to public use of all streets, alleys, parks or other open spaces shown thereon, and the granting of easements required.
(n) A receipt or certificate showing that there are no unpaid taxes or assessments upon any part of the area within the subdivision.
(1980 Code 152.47)
1183.04 FILING.
After the final plat has been approved by the Planning Commission and Council and the necessary approvals are endorsed thereon in writing, it shall be filed for recording in the office of the County Recorder.
(1980 Code 152.48)
CITY OF ASHTABULA
1185.01 GRANTING OF VARIANCES.
Whenever the tract to be subdivided is of such unusual size or shape, or is surrounded by such development or unusual conditions, that the strict application of the requirements contained in these platting and subdivision regulations would result in real difficulties or substantial hardship or injustice, the Planning Commission may vary or modify the requirements so that the subdivider may develop his property in a reasonable manner, but so that, at the same time, the public welfare and interests of the City and the surrounding area are protected and the general intent and spirit of these platting and subdivision regulations preserved.
(1980 Code 152.50)
1185.02 CHANGES AND AMENDMENTS.
(a) Any regulations or provisions of these Subdivision Regulations may be changed or amended from time to time by Council. However, changes or amendments shall not become effective until study and report by the Planning Commission have been made and until a public hearing has been held, public notice of which hearing shall have been given in a newspaper of general circulation at least thirty days prior to the hearing.
(b) In order to prevent unnecessary delay, the President or Secretary of the Planning Commission is authorized to forward the report of the Planning Commission to the Clerk of Council without awaiting a formal approval of the minutes of the meeting at which said report was agreed upon. The report shall include a summary of the factors considered by the Planning Commission, including but not limited to potential impact on the area, public or neighbors' comments, and effect upon the City's Zoning Plan if any. The Clerk of Council may proceed to schedule and give notice of the public hearing required in paragraph (a), above, upon receipt of same. Any member of the Planning Commission wishing to address Council regarding any objection to the contents of the report shall be given an opportunity to do so at the public hearing, and such objection shall be considered by Council.
(Ord. 2010-186. Passed 12-20-10.)
1185.03 APPROVAL PRIOR TO RECORDATION REQUIRED.
No plat of any subdivision shall be entitled to record in the office of the County Recorder or shall have any validity until it has been approved in the manner prescribed herein. It shall be unlawful for the County Recorder to record any plat of a subdivision within the jurisdiction of the Planning Commission until the plat has been approved as required herein and the approval has been endorsed in writing on the plat.
(1980 Code 152.52)
1185.04 UNLAWFUL SALE OR TRANSFER OF LAND.
No owner, or the agent of an owner, shall transfer or sell any land by reference to or by other use of a plat or description, unless the plat has been approved as required herein.
(1980 Code 152.53)
1185.05 CITATIONS.
The Building Inspector is authorized and directed to issue citations requiring the cited individual to appear before the Municipal Court for the purpose of entering a plea of guilty, not guilty or no contest to the criminal charge of violating specific sections of the City Subdivision Regulations.
(Ord. 1991-204. Passed 8-12-91.)
1185.99 PENALTY.
Whoever willfully violates any of the rules and regulations prescribed in Title Eleven hereof or fails to comply with any order issued pursuant hereto, shall forfeit and pay not less than ten dollars ($10.00) or more than one thousand dollars ($1,000). The sum may be recovered with costs in a civil action brought in the County Court of Common Pleas by the legal representative and in the name of the City.