Blue Ash City Zoning Code
TITLE ONE
Subdivision Regulations
1105.01 DEFINITIONS.
For the purpose of this chapter, the following words and phrases shall have the following meanings ascribed to them respectively.
C | |
City Engineer | A licensed civil engineer employed by contract or as a payroll employee of the City of Blue Ash, to represent the City in civil engineering matters. |
Commission | The Planning Commission of Blue Ash. |
M | |
Master Plan | The Master Plan (aka the Comprehensive Plan) for the City of Blue Ash, as adopted by Council. |
S | |
Subdivision | The division of any parcel of land shown as a unit or as contiguous units on the last preceding tax roll, into two (2) or more parcels, sites, or lots, any one of which is less than five (5) 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 (5) 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 The improvement of one (1) 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 streets, except private streets serving industrial structures; or The division of 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 utilities. |
(Ord. 2017. Passed 1-26-17.)
1105.02 APPROVAL OF SUBDIVISION PLATS.
(a) Except as provided in subsections (b) and (c) hereof, every subdivision of land within the City shall be shown upon a plat and submitted to the Planning Commission for approval or disapproval. Any plan which has been approved by the Commission shall be reported to the Council for its consideration, approval or disapproval. If the Commission does not approve the plat, it may then be approved by the Council only upon five (5) votes of Council. No plat shall be recorded in the office of the recorder of deeds and no lots shall be sold from the plat unless and until approved as herein above provided.
(b) A proposed division of a parcel of land along an existing public street, not involving the opening, widening or extension of any street or road, and involving no more than five (5) lots after the original tract has been completely subdivided, may be submitted to the City Manager for the purpose of reviewing the proposed division. If the City Manager is satisfied that the proposed division is not contrary to applicable platting, subdividing, Master Plan or zoning regulations, he/she shall within a reasonable time after submission of the proposed division approve same, and on presentation of a conveyance of the parcel, stamp the same "BLUE ASH PLANNING COMMISSION APPROVED NO PLAT REQUIRED". The City Manager may require the submission of a plan and such other information as is pertinent to his/her determination hereunder.
(c) Plats for subdivision shall not be required for subdivisions not involving the opening or extension of any street or easement of access and in which past subdivision and development has so far proceeded that the preparation and recording of a plat would serve no public or planning purpose. The City Manager shall be authorized to approve conveyances without a plat in these cases. In case of doubt, the City Manager may refer the question to the Commission. If the City Manager refuses approval in these cases, the applicant may appeal to the Commission.
(Ord. 2017. Passed 1-26-17.)
1105.03 PRELIMINARY PLAN.
(a) In seeking to subdivide land into building lots, or to dedicate streets or land for public use, or to subdivide land into building lots, together with the dedication or reservation of public or private streets respectively, the subdivider shall submit nine (9) copies of a preliminary plan to the City Manager for referral to the Planning Commission. In addition, one black and white copy of the preliminary plan reduced to eight and one-half inches by eleven inches (8½" x 11") size shall be submitted. Copies of the preliminary plan shall be presented to the City Manager fourteen (14) days prior to the date of the Commission meeting at which the plan is to be considered.
(b) Plats containing three (3) lots or less may be exempted from the provisions of this section. The preliminary plan shall show:
(1) A vicinity sketch map showing the location of the area being platted as it relates to the rest of the City.
(2) The location of present property lines, streets, buildings, watercourses, tree masses and other existing features within the area to be subdivided and similar facts regarding existing conditions of land immediately adjacent thereto.
(3) The proposed location and width of streets, lots, building lines and easements, and the square foot area of each lot.
(4) Existing storm and sanitary sewers, water mains, culverts and other underground structures within the tract or immediately adjacent thereto. The location and size of the nearest water main and storm drainage and sanitary sewers or outlets are to be indicated upon the plan.
(5) The title under which the proposed subdivision is to be recorded and the name of the subdivider.
(6) The names and boundaries of all adjoining subdivisions and the names of record owners of adjoining parcels of land.
(7) Contours with intervals of five (5) feet or less, with elevations referenced to sea level.
(8) North point, scale (which shall be no more than 100 feet to an inch from an accurate survey and on one (1) or more sheets whose dimensions are twenty-four (24) inches by thirty-six (36) inches, and date.
(9) The zoning district or districts that affect the property to be subdivided.
(10) Plans or written and signed statements generally describing and specifically assuring the provision of water service, sanitary sewer service, electric service, streets, storm water drainage facilities and other proposed improvements, such as sidewalks, planting, parks, street lighting and fire hydrants, all in compliance with applicable ordinances, requirements or rules and regulations of the City and of appropriate private companies and other governmental agencies.
(c) Preliminary plans not containing all data of subsection (b) hereof shall not be approved. Preliminary plans shall be approved by the Commission and the Council in accordance with Section 1105.02.
(d) Approval of the preliminary plan does not constitute an acceptance of the subdivision by the City. One (1) copy of the approved preliminary plan, signed by the Chairperson of the Commission and the Mayor, shall be retained with the approving ordinance in the files of the City. One (1) signed copy shall be given to the subdivider.
(e) Receipt of this signed copy is authorization for the subdivider to proceed with the preparation of plans and specification for the minimum improvements required in Section 1105.12, and with the preparation of the final plat. Prior to the construction of any improvements required in Section 1105.12, or to the submission of any bond or letter of credit, the subdivider shall furnish the City Manager all plans, information and data necessary for the improvements. These plans shall be examined by the City Manager or his/her designee(s) and will be approved if in accordance with the requirements of Section 1105.12 and of the Cincinnati Water Works and the Metropolitan Sewer District of Greater Cincinnati where made applicable by the provisions of Section 1105.12. A plan shall also be prepared for sedimentation control and prevention of soil erosion as required by Chapter 1323 of the Codified Ordinances; construction of improvements may not commence until this plan is approved by the City Manager or his/her designee; the City Manager shall have the option of also referring the plan to and conditioning approval upon compliance with provisions of the District Conservationist, Soil Conservation Service, U.S. Department of Agriculture. Following these approvals, construction may be started and the amount of bond or letter of credit determined.
(Ord. 2017. Passed 1-26-17.)
1105.04 FINAL PLAT.
(a) If the final plat conforms to the approved preliminary plan, and if the necessary improvements are constructed in accordance with the approved plans therefor or a satisfactory bond or letter of credit is submitted assuring their construction in accordance with the approved plans, the final plat may be approved by the Planning Commission and Council.
(b) The final plat on tracing cloth, Mylar or other medium acceptable to the Hamilton County Recorder and nine (9) copies thereof together with copies of any deed restrictions where such are too lengthy to be shown on the plat, and three (3) prints of certified plans showing the improvements that have been constructed within the subdivision, or a bond or letter of credit assuring construction of the improvements in accordance with plans previously approved, shall be submitted to the Commission via the City Manager fourteen (14) days prior to the date of the Commission meeting at which the plat is to be considered. Before approving the plat of all or part of a proposed subdivision, the Council shall require proof that the improvements required in Section 1105.12 have been satisfactorily completed. The approval of the Commission shall be shown on the plat with the date of the approval and over the signature of the Chairperson of the Commission. The approval of the Council shall be shown on the plat with the date of the approval and over the signature of the Mayor.
(c) The final plat is to be drawn at a scale of 100 feet or less to the inch from an accurate survey and on one (1) or more sheets whose dimensions are twenty-four (24) inches by thirty-six (36) inches.
(d) The final plat shall show:
(1) The boundary lines of the area being subdivided with accurate distances and bearings;
(2) The lines of all proposed streets with their width and names;
(3) The accurate outline of any property which is offered for dedication for public use;
(4) The line of departure of one street from another;
(5) The lines of all adjoining lands and the lines of adjacent streets with their width and names;
(6) All lot lines and an identification system for all lots and blocks;
(7) Building lines and easements for rights of way provided for public use, services or utilities with figures showing their dimensions;
(8) All dimensions, both linear and angular, necessary for locating boundaries of subdivisions, lots, streets, easements for building lines, and of any other areas for public or private use, the dimensions to be expressed in feet and decimals of a foot;
(9) Radii, arcs and chords, points of tangency, central angles for all curvilinear streets, and radii for all rounded corners;
(10) All survey monuments together with their descriptions;
(11) Name of subdivisions and description of property subdivided, showing its location and extent, points of compass, scale of plan, and name of owner or the subdivider;
(12) Certification by a registered surveyor to the effect that the plan represents a survey made by him/her and that all the necessary survey monuments are correctly shown thereon;
(13) Private restrictions and trusteeships and their periods of existence. Should the restrictions and trusteeships be of a length as to make the lettering of same on plat impracticable and thus necessitate the preparation of a separate instrument, reference to the instrument shall be made on the plat, and reference shall be contained on the recorded deeds of lots or parcels within the subdivision. Such reference on the plat and on deeds shall contain sufficient explanation of the intent and character of any significant restrictions (for example, noting private common drives or private streets are the responsibility of the property owner(s), and as such are not eligible for City maintenance, including repair and snow and ice removal, and that City refuse trucks will not enter such private drives or streets). Plats shall contain proper acknowledgements of owners and the consent by the mortgage to the plat and restrictions; and
(14) Before it is recorded, a certificate shall accompany the final plat, showing that all taxes and assessments payable have been previously paid in full and a certificate by a title examiner showing valid ownership of property offered for dedication for public use.
(Ord. 2017. Passed 1-26-17.)
1105.05 STREETS AND EASEMENTS.
(a) The minimum right-of-way width for minor streets shall be fifty (50) feet. The minimum right-of-way width for collector streets, industrial streets and multiple dwelling streets shall be sixty (60) feet. The minimum right-of-way width for major streets shall be 100 feet. The Commission may recommend, and Council may require, wider right of way when warranted for the welfare of the City.
(b) Streets that are obviously in alignment with others already exiting and named shall bear the names of the existing streets.
(c) Streets shall be laid out to intersect as nearly at right angles as possible.
(d) The maximum grade of streets shall be twelve percent (12%); the minimum grade shall be eight tenths percent (0.8%). Changes in grade of major and collector streets shall be connected by vertical curves of a minimum length equal to fifteen (15) times the algebraic difference between the rates of grade (in feet per hundred); one-half that minimum for minor streets. The minimum horizontal alignment standard, radii of center line curvature, shall be 500 feet for major streets, 200 feet for collector streets and 100 feet for minor streets. A tangent at least 100 feet long shall be used between reverse curves on all except minor streets; in any case, the standard used shall be adequate to ensure safe visibility.
(e) At street intersections, property line corners shall be rounded by arcs having a minimum radius of fifteen (15) feet. Street curbs or the edges of street pavements shall be rounded by arcs having a minimum radius of twenty-five (25) feet for streets twenty-eight (28) feet wide and thirty-five (35) feet for street thirty-seven (37) feet wide. These minimum radii shall be increased where the angle of intersection is less than sixty (60) degrees, or in other cases where the Commission may determine that an increase is necessary.
(f) Alleys are not permitted.
(g) Easements of not less than seven and one-half (7½) feet in width shall be provided where necessary on each side of all rear lot lines and/or alongside lot lines for poles, wires, conduits, storm and sanitary sewers, gas, water and other utility mains. Easements of greater width may be required along or across lots where necessary for the extension of main storm and sanitary sewers and other utilities, and where both water and sewer lines are located in the same easement.
(Ord. 2017. Passed 1-26-17.)
1105.06 BLOCKS.
(a) No block shall be longer than 1,500 feet between street lines. The Planning Commission may require crosswalks where blocks are over 750 feet in length. When provided, the right-of-way for the crosswalks shall not be less than ten (10) feet in width.
(b) Where proper planning dictates, short, dead-end streets (cul-de-sacs) may be used. A cul-de-sac shall not be longer than 1,000 feet, except where approved by the Commission because of topography or other special conditions. A cul-de-sac shall terminate in a circular open space having a minimum right-of-way radius of forty (40) feet, except in subdivisions where the required pavement width is thirty-seven (37) feet, in which case the minimum right-of-way radius shall be fifty-eight (58) feet. A permanent "T" type turnaround may be used in lieu of a ball turnaround when the abutting lots have a depth of 110 feet or less from the normal fifty (50) foot street right-of-way line. A street terminating in a "T" type turnaround shall be limited to serve not more than six (6) lots, and shall be approved by the City Engineer.
(Ord. 2017. Passed 1-26-17.)
1105.07 LOTS.
(a) The size, shape, ratio of lot depth to width, and orientation of lots shall be appropriate to the location of the proposed subdivision and the types of development contemplated.
(b) All side lines of lots shall be at right angles to straight street lines, or radial to curved street lines unless a variation to this rule will give a better street and lot plan. Lots with double frontage shall be minimized.
(c) No lot shall contain an area less than in accordance with the Zoning Code.
(d) Corner lots shall have extra width sufficient to permit the establishment of front building lines on both the front and the side of the lots adjoining the streets.
(e) Lots on all street intersections shall have a minimum radius of fifteen (15) feet at the street corner.
(f) Panhandle lots may be permitted where severe topography, existing surrounding development or other conditions make such lots reasonable and not undesirable as building sites. The strip of land providing access from the building site to the street shall be no less than twenty (20) feet wide at any place. No panhandle shall exceed a length of 800 feet. Any access drive to a panhandle lot not on a panhandle and in excess of 800 feet shall be subject to review and approval of the Commission.
(Ord. 2017. Passed 1-26-17.)
1105.08 BUILDING LINES.
Building lines shall be shown on all lots. The building lines shall not be less than required by the Zoning Code. Restrictions requiring buildings to be set back to the building lines shall either be shown on the plat or shall be contained in a separately recorded instrument and referred to on the plat. Such restrictions shall also be recorded on all deeds of lots or parcels within the subdivision.
(Ord. 2017. Passed 1-26-17.)
1105.09 CHARACTER OF DEVELOPMENT.
(a) The Planning Commission shall confer with the subdivider regarding the type and character of development that will be permitted in the subdivision, and may agree with the subdividers as to certain minimum restrictions to be placed upon the property to prevent the construction of substandard buildings, and control the type of structures, or the use of the lots which, unless so controlled, would clearly depreciate the character and value of the proposed subdivision and of adjoining property.
(b) Subdivision shall fit into and take advantage of natural features of the topography. Existing trees shall be carefully preserved and no tree with a trunk of more than four (4) inches in diameter may be removed without a permit issued by the City Manager or his/her designee except where necessary for grading, streets, driveways, buildings or other improvements shown on the preliminary plan approved in accordance with Section 1105.03. In determining whether a permit shall be issued, the City Manager or his/her designee shall find that tree removal will not be contrary to the public health, safety, welfare and neighborhood character.
(Ord. 2017. Passed 1-26-17.)
1105.10 RESERVED.
EDITOR'S NOTE: This section is reserved for future legislation.
1105.11 PROTECTION OF STREAMS.
The subdivider shall make adequate provisions for the purpose of widening, deepening, sloping, improving or protecting any stream or important surface drainage course located in an area that is being subdivided.
(Ord. 2017. Passed 1-26-17.)
1105.12 IMPROVEMENTS.
(a) Plans for improvements required shall be prepared by a registered engineer and shall be submitted to the City Manager or his/her designee. The improvements listed in subsection (b)(1) through (9) hereof shall be installed prior to the approval of the final plat, which is prepared for recording purposes. In lieu of actual completion of the improvements except those improvements which must be completed in order to make functional parts thereof, the subdivider may file with the City Treasurer a surety bond or letter of credit to secure the actual construction of the improvements in a manner satisfactory to the City Manager or his/her designee and within a period of not to exceed two (2) years. The bond or letter of credit shall be in the amount and with surety and conditions satisfactory to the City Manager and City Solicitor and shall be adequate to cover the cost of the improvements.
(b) The owner of the tract may prepare and secure approval of a preliminary plan and improvement plans for the entire area and then install the required improvements only in a portion of the area, but the improvements must be installed in any portion of the area for which a final plat is approved for recording, and the owner may sell or lease or offer for sale or lease lots only in the improved portion of the property.
(1) Permanent Markers.
A. Permanent markers shall be set in accordance with Ohio R.C. 711.03 or to any applicable revision of the Ohio Revised Code.
B. Permanent bench marks shall be accessibly placed at the site and accurately noted on the improvements plans.
(2) Street Improvements.
A. All streets shall be graded for the full width between property lines, and the roadway improved by surfacing. All grading and surfacing shall be done under supervision of the City Engineer or the Service Director at the expense of the subdivider and shall be subject to approval. The subdivider shall engage the services of a private, qualified soils engineer to perform compaction testing of all fill areas and of the subgrade prior to paving and shall furnish the City Engineer or the Service Director a copy of the soils engineer's reports at no cost to the City. After settlement, the excavation shall be brought to grade with dry fill material properly compacted. Sewer, water, electric, gas, telephone, and cable television house connections or crossovers shall be installed before paving, unless written permission has been obtained from the City Manager or his/her designee to do otherwise.
B. Roadway surfacing shall be at least twenty-eight (28) feet wide including curb, provided that cul-de-sac streets shall terminate in a paved turnaround with a minimum outside or curb radius of twenty- nine (29) feet. Streets in industrial subdivisions shall have a minimum paved width of thirty-seven (37) feet including curbs, provided that cul-de-sac streets shall terminate in a paved turnaround with a minimum outside or curb radius of fifty (50) feet.
C. Roadway surfacing in all cases, unless the City Manager approves an alternate which is equivalent or better, shall be full depth/deep strength asphalt construction in accordance with standard drawings and paving specifications of Hamilton County. The Rules and Regulations of the office of the County Engineer of Hamilton County shall be followed, unless the City Manager approves an alternate which is equivalent or better.
D. Streets shall be accepted by the City for public maintenance only after they have been completed for a period of one year and development of at least eighty percent (80%) of the abutting lots has occurred, unless the City finds that circumstances beyond the subdivider's control have made it unfeasible to complete development of at least eighty percent (80%) of the abutting lots within a reasonable period of time, in which case the City may accept the streets upon presentation by the subdivider of a maintenance bond, letter of credit, or certified check satisfactory to the City Manager and City Solicitor. Before acceptance, the streets will be inspected by the City Engineer or the Service Director, and will have to be structurally sound, properly constructed, and in good overall condition.
(3) Sidewalks. All sidewalks shall connect to the pavement or curb at intersections, with one-half (½) inch expansion joint between walk and curb, and with handicap ramps on every corner. One-half (½) inch expansion joints shall be placed at intervals not to exceed 100 feet. Sidewalks at least four (4) feet wide, of single course concrete at least five (5) inches (seven (7) inches across driveways) thick, and located within the street right of way parallel to and one foot from the street right-of-way line shall be provided along both sides of all streets in all zoning districts, unless specifically waived by the Community Development Director or his/her designee, and in all areas, regardless of the zoning district, where shown on a development plan as provided by the Zoning Code as an integral part of the zoning regulations applicable to the real estate.
(4) Water Lines. The subdivider shall connect with an approved public water supply and make it available for each lot within the subdivided area. Fire hydrants shall also be installed by the subdivider within 500 feet of all structures in accordance with the requirements of the fire department. The rules, regulations, specifications and applicable requirements and procedures of the Cincinnati Water Works shall be followed in the design and construction of water system improvements.
(5) Sanitary Sewers. The subdivider shall connect with an approved public sanitary sewer system and provide adequate sewer lines accessible to each lot. Sanitary sewers shall be designed and constructed in accordance with the rules, regulations, specifications and applicable requirements and procedures of the Metropolitan Sewer District of Greater Cincinnati.
(6) Storm Sewers. Adequate provision shall be made for control of storm water and surface water runoff. Storm sewers, swales, storm water retention or detention basins and other measures shall be provided as needed to prevent flooding, ponding and erosion within the subdivision and downstream from the subdivision. All parts of the subdivision shall be graded and drained to prevent the standing of storm water. Where necessary, outlet swales or sewers shall be provided to convey the water to an existing flow way or outlet. The subdivider's engineer shall follow modern engineering practice of providing storm sewers and storm water inlets or catch basins in gutters or swales to drain all the street intersections and to limit the flow of surface water in gutters and swales before entering a sewer inlet, to approximately 250 feet. Facilities must be provided to care for downspouts, driveway aprons and yard drains, and the plan must carry a notation that all surface water drains will be connected to a storm sewer or storm drainage facility. Storm sewer systems shall be designed in accordance with applicable County rules and regulations governing the Construction, Operation and Maintenance in the County of Hamilton Storm Drainage System as amended and shall include all features determined by the City Engineer to be necessary to control storm water drainage.
(7) Street Lights. The subdivider shall install or cause to be installed streetlights along streets within the area being subdivided. Streetlights shall be, unless otherwise approved by the City Manager or his/her designee, placed on underground served poles not to exceed twenty-eight (28) feet in height and shall comply with requirements set forth herein and in Section 905.14 of the Blue Ash Code of Ordinances. Minimum lighting levels shall comply with the following requirements:
Streetlights shall be shown on a plan and submitted to the City Manager or his/her designee for review and approval. All streetlights shall be approved and maintained streetlights by the local electric company unless provisions for private maintenance are set forth and are permanently guaranteed by a legally recorded document approved by the City Manager or his/her designee.
(8) Tree Planting. The subdivider shall plant first class nursery grade street trees, with not less than a four (4) inch caliper tree every twenty-five (25) feet on both sides of the street. At the time of planting, the lowest limb of any tree shall not be less than seven (7) feet above ground. Existing trees that are properly located may be used in lieu of required trees. All tree planting plans shall be approved by the City Manager or his/her designee.
(9) Electric, Telephone and Television Cable. The subdivider shall install or cause to be installed underground electric service lines and telephone cables. In industrial subdivisions where the local electric company advises the City that the power load requirements are sufficiently large as to make underground service impractical or unfeasible, electric and telephone lines may be installed overhead along rear lot lines, if approved by the Commission. Where cable television service is or will be in operation, the subdivider shall install cable for such service simultaneously with and in the same manner as electric and telephone cables are installed, both within the right of way and to individual building connections.
(c) After approval of the improvements plans, no change in engineering features will be permitted unless such charges are approved by the City Manager or his /her designee.
(d) The subdivider, his/her engineer or his/her contractor, shall give notice to the Chief Building Official or other designated inspector, or to the Service Director at least twenty-four(24) hours in advance of any construction of physical public improvements, including grading, in order that an inspector may be assigned at the cost of the subdivider. The subdivider shall make a deposit to the City Treasurer in an amount equal to the estimated cost of inspection plus administration costs of the public improvements, prior to beginning construction. This deposit shall not exceed one thousand dollars ($1,000) at any one time. When this one thousand dollars ($1,000) has been depleted to three hundred dollars ($300.00) or less, another deposit will be required.
(Ord. 2017. Passed 1-26-17.)
1105.13 VARIATIONS AND EXCEPTIONS.
(a) Whenever the tract to be subdivided is:
(1) Subject to a plan for large scale residential development or a development plan as provided by the Zoning Code as an integral part of the zoning regulations applicable to the real estate; or
(2) Of an unusual size or shape or is surrounded by such development or unusual conditions that the strict application of the requirements contained in this chapter would result in real difficulties and substantial hardships or injustices, the Council, after a public hearing and Planning Commission review and recommendation, may vary or modify the requirements, so that the subdivider is allowed to develop his property in a reasonable manner, but so, at the same time, the public welfare and interest of the City are protected and the general intent and spirit of this chapter and the Master Plan are preserved.
(b) The Commission may grant, on its own, minor variations to this chapter when the applicant submits evidence that such a minor variation would allow for a reasonable alternative, and the public welfare and interests of the City are protected.
(Ord. 2017. Passed 1-26-17.)
1105.14 ENFORCEMENT AND PENALTY.
(Ord. 2017. Passed 1-26-17.)