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Bucyrus City Zoning Code

TITLE THREE

Subdivision Regulations

1125.01 TITLE.

   These Regulations shall be known and may be cited and referred to as the "Subdivision Regulations of the City of Bucyrus, Ohio, " and shall hereinafter be referred to as "these Regulations." (Ord. 70-74. Passed 10-15-74.)

1125.02 ADMINISTRATION.

   These Regulations shall be administered by the City Planning Commission.
(Ord. 70-74. Passed 10-15-74.)

1125.03 JURISDICTION.

   These Regulations shall be applicable to all subdivisions of land within the City and the territory within three miles of the corporate limits thereof as provided in Ohio R.C. 711.09. The City Planning Commission shall have the power of final approval of plats. Whenever a major thoroughfare plan or parks and public open space plan for the territory within the City limits and for the territory within the three mile limit of the City, has been adopted by the City and the City is exercising extra-territorial jurisdiction, the Planning Commission may receive advice from the Regional Planning Commission on all subdivision plats located within three miles of the corporate limits. The Planning Commission shall have the final approval of the plat, except for the provisions of Chapter 1111. (Ord. 70-74. Passed 10-15-74.)

1125.04 CONFLICTS OF LAW.

   The provisions of these regulations shall supplement any and all laws of the State, ordinances of the City, or any and all rules and regulations promulgated by authority of such law or ordinance relating to the purpose and scope of these regulations. Whenever the requirements of these regulations are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances or resolutions, the most restrictive or that imposing the higher standards shall govern except as provided in Section 1125.05.
(Ord. 70-74. Passed 10-15-74.)

1125.05 PLANNED UNIT DEVELOPMENTS ENCOURAGED; REGULATIONS MAY BE MODIFIED.

   The planned unit development approach to development is encouraged. These Regulations may be modified by the degree necessary to accomplish the objectives and standards required for planned unit development of residential, commercial or industrial subdivisions, or a mixture thereof, in accordance with appropriate zoning regulations. Nothing within this section, however, shall exempt the developer from the requirements of subdivision plat approval as specified in Chapter 1107. (Ord. 70-74. Passed 10-15-74.)

1125.06 AMENDMENTS.

   These Regulations may be amended after public hearings and other requirements as specified in appropriate sections of the Ohio Revised Code.
(Ord. 70-74. Passed 10-15-74.)

1125.07 SEPARABILITY.

   If, for any reason, any clause, sentence, paragraph, section or other part of these Regulations should be decided by a court of competent jurisdiction to be invalid, such judgment shall not affect the validity of these Regulations as a whole or any part thereof, other than the part so held to be invalid. (Ord. 70-74. Passed 10-15-74.)

1125.08 DEFINITIONS.

   For the purpose of these Regulations:
   (1)    "Person" includes a firm, association, organization, partnership, trust, company or corporation, as well as an individual.
   (2)    The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular.
   (3)    "Shall" is a mandatory requirement, "may" is a permissive requirement, and "should" is a preferred requirement.
   (4)    "Used" or "occupied" include the words "intended, designed or arranged to be used or occupied."
   (5)    "Lot" includes the words "plot" or "parcel".
   (6)    City Engineering Department shall include the City Inspector and/or the Service Safety Director.
   (7)    "Alley" see " Thoroughfare.
   (8)    "Building Line" see "Setback line."
   (9)    "Comprehensive Development Plan" means a plan, or any portion thereof, adopted by the Planning Commission showing the general location and extent of present and proposed physical facilities including housing, industrial and commercial uses, major streets, parks, schools and other community facilities. This plan establishes the goals, objectives and policies of the Community.
   (10)    "Commission" means the Planning Commission of the City of Bucyrus.
   (11)    "Corner lot" see "Lot types."
   (12)    "Council" means the Council of the City of Bucyrus.
   (13)    "Covenant" means a written promise or pledge.
   (14)    "Cul-de-sac" see "Thoroughfare."
   (15)    "Culvert" means a transverse drain that channels under a bridge, street or driveway.
   (16)    "Dead-end street" see "Thoroughfare."
   (17)    "Density" means a unit of measurement; the number of dwelling units per acre of land.
      (a)    "Gross density" means the number of dwelling units per acre of the total land to be developed.
      (b)    "Net density" means the number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential uses.
      (c)    "Low residential density" means land to be utilized for residential purposes, including public housing and industrialized units, which does not exceed two dwelling units per gross acre.
      (d)    "Medium-low residential density" means land to be utilized for residential purposes, including public housing and industrialized units, which does not exceed four dwelling units per gross acre. For the purposes of street design requirement, the medium-low density residential classification shall be considered as medium density.
      (e)    "Medium residential density" means land to be utilized for residential purposes, including public housing and industrialized units, which does not exceed eight dwelling units per gross acre.
      (f)    "Medium-high residential density" means land to be utilized for residential purposes, including public housing and industrialized units, which does not exceed sixteen dwelling units per gross acre. For the purposes of street design requirements, the medium-high density residential classification shall be considered as high density.
      (g)    "High residential density" means land to be utilized for residential purposes, including public housing and industrialized units, which exceeds sixteen dwelling units per gross acre.
   (18)   "Developer" means any individual, subdivider, firm, association, syndicate, partnership, corporation, trust or any other legal entity commencing proceedings under these Regulations to effect a subdivision of land hereunder for himself or for another.
   (19)    "Dwelling unit" means the space within a building comprising living, dining and sleeping rooms and storage closets, as well as space and equipment for cooking, bathing and toilet facilities, all used by only one family and its household employees.
   (20)    "Easement" means authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his property.
   (21)    "Engineer" means any person registered to practice professional engineering by the State Board of Registration as specified in Ohio R.C. 4733.14. The City Engineering Department shall include the City Inspector and/or the Service-Safety Director.
   (22)    "Highway Director" means the Director of the Ohio Department of Transportation.
   (23)    "Improvements" means street pavement or resurfacing, curbs, gutters, sidewalks, water lines, sewer lines, storm drains, street lights, flood control and drainage facilities, utility lines, landscaping and other related matters normally associated with the development of raw land into building sites.
   (24)    "Location Map" see "Vicinity Map."
   (25)    "Lot" means a parcel of land of sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street, or on an approved private street, and may consist of:
      (a)    A single lot of record;
      (b)    A portion of a lot of record;
       (c)    A combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of record.
   (26)    "Lot frontage". The front of a lot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage and yards shall be provided as indicated under "Yard" in this section.
   (27)    "Lot, minimum area of”. The area of a lot is computed exclusive of any portion of the right of way of any public or private street.
   (28)    "Lot of record" means a lot which is part of a subdivision recorded in the office of the County Recorder, or a lot or parcel described by metes and bounds, the description of which has been so recorded.
   (29)    "Lot types."
      (a)    "Corner lot" means a lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135 degrees.
      (b)    "Interior lot" means a lot other than a corner lot with only one frontage on a street.
      (c)    "Through lot" means a lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as "double frontage lots."
   (30)    "Minor subdivision" means a division of a parcel of land that does not require a plat to be approved by a planning authority according to Ohio R.C. 711.131, also known as a "lot split."
   (31)    "Monuments" mean iron markers used to establish definitely all lines of the plat of a subdivision, including all lot corners, boundary line corners and points of change in street alignment.
   (32)    "Open space" means an area open to the sky which may be on the same lot with a building. The area may include, along with the natural environmental features, swimming pools, tennis courts and any other recreational facilities that the Planning Commission deems permissible. Streets, structures for habitation and the like shall not be included.
   (33)    "Out lot" means property shown on a subdivision plat outside the boundaries of the land which is to be developed and which is to be excluded from the development of the subdivision.
   (34)    "Performance bond" or "surety bond" means an agreement by a subdivider or developer with the City for the amount of the estimated construction cost, guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by the subdivider's agreement.
   (35)    "Planned unit development" means an area of land, in which a variety of housing types and/or related commercial and industrial facilities are accommodated in a preplanned environment under more flexible standards, such as lot sizes and setbacks, than under those restrictions that would normally apply under these regulations. The procedure for approval of such development contains requirements in addition to those of the standard subdivision, such as building design principles and landscaping plans.
   (36)    "Plat" means the map, drawing or chart on which the developer's plan of subdivision (the "preliminary plat") is presented to the Planning Commission for approval and, after such approval, to the County Recorder ("the final plat") for recording.
   (37)    "Public way" means an alley, avenue, boulevard, bridge, channel, ditch, easement, expressway, freeway, highway, land, parkway, right of way, road, sidewalk, street, subway, tunnel, viaduct, walk or other way in which the general public or a public entity has a right, or which is dedicated, whether improved or not.
   (38)    "Right of way" means a strip of land taken or dedicated for use as a public way. In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks, lighting and drainage facilities, and may include special features required by the topography or treatment, such as grade separation, landscaped areas, viaducts and bridges.
   (39)    "Setback line" means a line established by a zoning resolution, generally parallel to a street, delineating the minimum allowable distance between the street right of way and the nearest building line of a structure.
   (40)    "Sewers, central or group" means an approved sewage disposal system which provides a collection network and disposal system and central sewage treatment facility for a single development, community or region.
   (41)    "Sewers, on-site" means a septic tank or similar installation on an individual lot which provides for the elimination of sewage and provides for the proper and safe disposal of the effluent, subject to the approval of health and sanitation officials having jurisdiction.
   (42)    "Sidewalk" means that portion of the road right of way outside the roadway, which is improved for the use of pedestrian traffic. See "walkway."
   (43)    "Subdivision" means:
      (a)    The division of any parcel of land shown as a unit or as contiguous units on the last preceding tax roll, into two or more parcels, sites or lots any one of which is less than five acres for the purpose, whether immediate or future, of transfer of ownership, provided, that the division or partition of land into parcels of more than five acres not involving any new streets or easement of access, and the sale or exchange of parcels between adjoining lot owners, where such sale or exchange does not create additional building sites, shall be exempted; or
      (b)    The improvement of one or more parcels of land for residential, commercial or industrial structures or groups of structures involving the division or allocation of land for the opening, widening or extension of any street or streets except private streets serving industrial structures; the division or allocation of land as open spaces for common use by owners, occupants or lease holders, or as easements for the extension and maintenance of public sewer, water, storm drainage or other public facilities. See "minor subdivision."
   (44)    "Surveyor" means any person registered to practice surveying in Ohio.
   (45)    "Terrain classification. " Terrain within the entire area of the preliminary plat is classified as level, rolling, hilly or hillside for street design purposes. The classifications are as follows:
      (a)    "Level" is that land which has a cross slope range of four percent or less;
      (b)    "Rolling" is that land which has a cross slope range of more than four percent but not more than eight percent;
      (c)    "Hilly" is that land which has a cross slope range of more than eight percent but not more than fifteen percent.
   (46)    "Thoroughfare", "street" or "road" means the full width between property lines bounding every public way of whatever nature, with a part thereof to be used for vehicular traffic and designated as follows:
      (a)    "Alley" means a minor street used primarily for vehicular service access to the back or side of properties abutting on another street;
      (b)    "Arterial street" means a highway primarily for through traffic, carrying heavy loads and a large volume of traffic, usually on a continuous route.
      (c)    "Collector street" means a thoroughfare which primarily carries traffic from local streets to arterial streets, including the principal entrance and circulation routes within residential subdivisions.
      (d)    "Cul-de-sac" means a local street of relatively short length with one end open to traffic and the other end terminating in a vehicular turn-around.
      (e)    "Dead-end street" means a street temporarily having only one outlet for vehicular traffic and intended to be extended or continued in the future.
      (f)   "Local street" means a street primarily for providing access to residential, commercial or other abutting property.
      (g)    "Loop street" means a type of local street, each end of which terminates at an intersection with the same arterial or collector street, and whose principal radius points of the 180 degree system of turns are not more than 1,000 feet from the arterial or collector street, not normally more than 600 feet from each other.
      (h)    "Marginal access street" means a local or collector street, parallel and adjacent to an arterial or collector street, providing access to abutting properties and protection from arterial or collector streets. Also called a "frontage street."
   (47)    "Through lot." See "Lot Types".
   (48)    "Variance" means a modification of the strict terms of the relevant Regulations where such modification will not be contrary to the public interest and where owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of the Regulations would result in unnecessary and undue hardship.
   (49)    "Vicinity Map" means a drawing located on the plat which sets forth, by dimensions or other means, the relationship of the proposed subdivision or use to other nearby developments or landmarks and community facilities and services within Crawford County in order to better locate and orient the area in question.
   (50)    "Walkway" means a dedicated public way, four feet or more in width, for pedestrian use only.
   (51)    "Watershed" means the drainage basin in which the subdivision drains or that land whose drainage is affected by the subdivision.
   (52)    "Yard” means a required open space, other than a court, unoccupied and unobstructed by any structure or portion of a structure from three feet above the general ground level of the graded lot upward, providing that accessories, ornaments and furniture may be permitted in any yard, subject to height limitations and requirements limiting obstruction of visibility.
      (a)    "Front yard" means a yard extending between side lot lines across the front of a lot and from the front lot line to the front of the principal building.
      (b)    "Rear yard" means a yard extending between side lot lines across the rear of a lot and from the rear lot line to the rear of the principal building.
      (c)    "Side yard" means a yard extending from the principal building between the lines establishing the front and rear yards.
         (Ord. 70-74. Passed 10-15-74.)

1127.01 PREAPPLICATION MEETING.

   The subdivider shall meet with the Planning Commission or its designated representative prior to submitting the preliminary plat. The purpose of this meeting is to discuss early and informally the purpose and effect of these Regulations and the criteria and standards contained therein and to familiarize the developer with the Comprehensive Plan, the Major Thoroughfare Plan, the Parks and Public Open Space Plan, zoning regulations, and appropriate drainage, sewerage and water systems. (Ord. 70-74. Passed 10-15-74.)

1127.02 PREAPPLICATION SKETCH CONTENT.

   The subdivider shall submit to the Planning Commission a sketch plan, legibly drawn at a suitable scale and containing the following information:
   (a)    The proposed subdivision in relation to existing community facilities, thoroughfares and other transportation modes, shopping centers, manufacturing establishments, residential developments and existing natural and man-made features such as soil types, vegetation and contours and utilities in the neighboring area.
   (b)    The layout and acreage of streets, lots and any nonresidential sites such as commercial, manufacturing, school or recreational uses within the proposed subdivision.
   (c)    The location of utilities in the proposed subdivision, if available, or the locations of the nearest sources for water and public facilities for the disposal of sewage and storm water.
   (d)    The scale and title of the subdivision, a north arrow, and the date.
   (e)    Name, address and phone number of owners and developer. The preapplication sketch shall be accompanied by appropriate approval of the Ohio Environmental Protection Agency, the Soil Conservation Service and the Crawford County Health Department stating what type of sewage disposal will be approved for the soil conditions encountered in the area of the proposed subdivision.
      (Ord. 70-74. Passed 10-15-74.)

1127.03 PRELIMINARY PLAT REQUIRED.

   After the preapplication stage, the subdivider shall submit a preliminary plat of the proposed subdivision which shall conform with the requirements set forth in Sections 1127.04 to 1127.12 inclusive. The preliminary plat shall be prepared by a registered engineer or surveyor.
(Ord. 70-74. Passed 10-15-74.)

1127.04 NOTICE TO STATE HIGHWAY DIRECTOR.

   Before any plat is approved affecting any land within 300 feet of the center line of a proposed new highway or a highway for which changes are proposed as described in a certification to the regional Planning Commission by the State Director of Transportation of any land within a radius of 500 feet from the point of intersection of such center line with any public road or highway, the Planning Commission shall give notice, by registered or certified mail to the State Director of Transportation. The Planning Commission shall not approve the plat for 120 days from the date the notice is received by the Director. If the Director notifies the Planning Commission that he shall proceed to acquire the land needed, then the Planning Commission shall refuse to approve the plat. If the Director notifies the Planning Commission that acquisition at this time is not in the public interest or upon the expiration of the 120 day period or any extension thereof agreed upon by the Director and the property owner, the Planning Commission shall, if the plat is in conformance with all provisions of these Regulations, approve the plat.
(Ord. 70-74. Passed 10-15-74.)

1127.05 APPLICATION FOR TENTATIVE APPROVAL.

   An application in writing for the tentative approval of the preliminary plat, together with five copies of the preliminary plat and the supplementary information specified in Sections 1127.06 to 1127.09, inclusive, shall be submitted to the Planning Commission.
(Ord. 70-74. Passed 10-15-74.)

1127.06 FORM OF PRELIMINARY PLAT.

   The preliminary plat shall be drawn at a scale not less than 100 feet to the inch and shall be on one or more sheets twenty-four by thirty-six inches in size.
(Ord. 70-74. Passed 10-15-74.)

1127.07 PRELIMINARY PLAT CONTENTS.

   The preliminary plat shall contain the following information:
   (a)    Proposed name of the subdivision, which shall not duplicate or closely approximate the name of any other subdivision in the City.
   (b)    Location by section, range and township or other surveys.
   (c)    Names, addresses and phone numbers of the owner and subdivider, and professional engineer and registered surveyor who prepared the plat, and appropriate registration numbers and seals.
   (d)   Date of survey.
   (e)    Scale of the plat not more than 100 feet to the inch and north point.
   (f)    Boundaries of the subdivision and its acreage.
   (g)    Names of adjacent subdivisions, owners of adjoining parcels of unsubdivided land, and the location of their boundary lines.
   (h)    Locations, widths and names of existing streets, railroad rights of way, easements, parks, permanent buildings, and corporation and township lines; location of wooded areas and other significant topographic, natural and man-made features within and adjacent to the plat for a minimum distance of 200 feet.
   (i)    Zoning classification of the tract and adjoining properties and a description of proposed zoning changes, if any.
   (j)   Existing contours at intervals of not greater than two feet.
   (k)    Existing sewers, water lines, culverts and other underground structures, and power transmission poles and lines, within and adjacent to the tract.
   (l)    Location, names and widths of proposed streets and easements.
   (m)   Building setback lines with dimensions.
   (n)    Location and dimensions of all proposed utility and sewer lines, showing their connections with existing systems.
   (o)    Layout, numbers and approximate dimensions of each lot. When a lot is located on a curved street or when side lot lines are not at ninety degree angles, the width at the property line shall be shown.
   (p)    Parcels of land in acres to be reserved for public use or to be reserved by covenant for residents of the subdivision.
   (q)    A vicinity map at a scale of not less than 2,000 feet to the inch shall be shown on or accompany the preliminary plat. This map shall show all existing subdivisions, roads and tract lines and the nearest existing thoroughfares. It shall also show the most advantageous connections between the roads in the proposed subdivision and those of the neighboring areas. (Ord. 70-74. Passed 10-15-74.)

1127.08 SUPPLEMENTARY INFORMATION.

   The following information shall be supplied in addition to the requirements in Section 1127.07: 
   (a)    Statement of proposed use of lots, giving type and number of dwelling units and type of business or industry.
   (b)    Location and approximate dimensions of all existing buildings.
   (c)    For commercial and industrial development, the location, dimensions and approximate grade of proposed parking and loading areas, alleys, pedestrian walks, streets and points of vehicular ingress and egress to the development.
   (d)   Description of proposed covenants and restrictions.
      (Ord. 70-74. Passed 10-15-74.)

1127.09 FILING.

   The preliminary plat shall be considered officially filed on the day it is received by the Planning Commission and shall be so dated. A filing fee shall be charged, as indicated in Section 1133.04. (Ord. 70-74. Passed 10-15-74.)

1127.10 PUBLIC HEARING.

   The Planning Commission on its own initiative or upon petition by a citizen or neighboring property owner may, prior to acting on a preliminary plat of a subdivision, hold a public hearing thereon at such time and upon such notice as the Commission may designate.
(Ord. 70-74. Passed 10-15-74.)

1127.11 APPROVAL OF PRELIMINARY PLAT.

   The Planning Commission shall forward copies of the preliminary plat to such officials and agencies as may be necessary for the purpose of study and recommendation. These shall include at least the City Engineering Department and the City Health Department. After receipt of reports from such officials and agencies, the Commission shall determine whether the preliminary plat shall be approved, approved with modifications or disapproved. If a plat is disapproved, the reasons for such disapproval shall be stated in writing. The Planning Commission shall act on the preliminary plat within thirty days after filing unless such time is extended by agreement with the subdivider. When a preliminary plat has been approved by the Commission, the chairman shall sign all copies and requirements. Approval of the preliminary plat shall be conditional upon compliance with all other applicable statutes, resolutions and regulations of the City.
(Ord. 70-74. Passed 10-15-74.)

1127.12 APPROVAL PERIOD.

   The approval of the preliminary plat shall be effective for a maximum period of twelve months and shall guarantee that the terms under which the approval was granted will not be affected by changes to these regulations. (Ord. 70-74. Passed 10-15-74.)

1127.13 FINAL PLAT REQUIRED.

   The subdivider, having received approval of the preliminary plat of the proposed subdivision, shall submit a final plat of the subdivision and drawings and specifications of the improvements required therein. The final plat shall incorporate all changes in the preliminary plat required by the Planning Commission. Otherwise it shall conform to the preliminary plat and it may constitute only that portion of the approved preliminary plat which the subdivider proposes to record and develop at the time. The final plat and the supplementary information shall be prepared by a registered engineer or surveyor. (Ord. 70-74. Passed 10-15-74.)

1127.14 APPLICATION FOR APPROVAL OF FINAL PLAT.

   An application for approval of the final plat shall be submitted to the Planning Commission on forms provided by the Commission, together with five copies of the plat and the supplementary information specified. (Ord. 70-74. Passed 10-15-74.)

1127.15 INSTALLATION OF IMPROVEMENTS.

   (a)   The final drawings and specifications of improvements shall be a set of construction and utility plans prepared by a registered professional engineer. The plans shall include typical sections, plans and profile views, construction details and estimates of quantities. All typical sections and major engineering details to be used on any particular street shall be approved in advance by the City Engineering Department before completion of the plans. Prior to the granting of approval of the final plat, the subdivider shall have installed the minimum required improvements or shall have furnished a surety bond or certified check or other approved bond for the amount of the estimated construction cost of the ultimate installation and the initial maintenance of the improvements. Before the surety is accepted, it shall be approved by proper administrative officials. (Ord. 70-74. Passed 10-15-74.)
   (b)   In all development or redevelopment of real property located within the corporation limits of the City of Bucyrus, the developer shall guarantee the materials and workmanship of all improvements to be dedicated to public use and certain private improvements, when so required by Municipal regulations, for a period of eighteen (18) months after acceptance of dedicated improvements or approval of private improvements by the Municipality.
   (c)   In addition to the guarantee required in subsection (b) hereof, the developer shall guarantee the materials and workmanship of all curb, street and sidewalk improvements for a period of thirty-six (36) months after the acceptance or approval of said curb, street and sidewalk improvements.
   (d)   To secure the guarantees set forth in subsections (b) and (c) above, the developer shall provide a letter of credit or a maintenance bond in a form acceptable to and subject to the approval of the Approving Authority in an amount equal to ten percent (10%) of the total estimated cost of the improvements as determined by the City Engineer’s Office. After the expiration of the initial eighteen (18) months of the guarantee period, the amount of the bond or letter of credit shall be reduced to ten percent (10%) of the estimated cost of all curb, street and sidewalk improvements only. Thereafter, the amount of the bond or letter of credit required by this section shall diminish by half after the expiration of twenty-four (24) months after the date of acceptance or approval, and shall diminish again by half after the expiration of thirty (30) months after the date of acceptance or approval, and shall be reduced to zero at the expiration of thirty-six (36) months after the date of acceptance or approval.
   (e)   If the amount of said letter of credit or maintenance bond balance should be diminished during the initial eighteen (18) month term to less than the original amount, the developer shall replenish the balance to the amount originally required within thirty (30) days of being notified to accomplish same or forfeit the entire remaining balance. Likewise, if the amount of said letter of credit or maintenance bond balance should be diminished after the initial eighteen (18) month term to less than ten percent (10%) of the estimated cost of curbs, streets and sidewalks during the period from eighteen (18) months to twenty-four (24) months after the date of acceptance or approval, or less than five percent (5%) of the estimated cost of curbs, streets and sidewalks during the period from twenty-four (24) months to thirty (30) months after the date of acceptance or approval, or less than two and one-half percent (2.5%) of the estimated cost of curbs, streets and sidewalks during the period from thirty (30) months to thirty-six (36) months after the date of acceptance or approval, the developer shall replenish the balance to the full amount of the respective percentage of estimated cost of said improvements required by this declining balance formula within thirty (30) days of being notified to accomplish same or forfeit the entire remaining balance.
   (f)   When the developer fails to correct and deficiency or failure in the improvements covered by the maintenance guaranties set forth herein, then the Municipality, after giving notice which it deems reasonable under the particular circumstances, shall utilize such letter of credit or maintenance bond to effect any necessary repairs.
(Ord. 13-2006. Passed 4-18-06.)

1127.16 FORM OF FINAL PLAT.

   The final plat shall be legibly drawn in waterproof ink on mylar or other material of equal permanence. It shall be drawn at a scale not less than 100 feet to the inch and shall be one or more sheets twenty-four by thirty-six inches in size. If more than one sheet is needed, each sheet shall be numbered and the relation of one sheet to another clearly shown.
(Ord. 70-74. Passed 10-15-74.)

1127.17 FINAL PLAT CONTENTS.

   The final plat shall contain the following applicable information:
   (a)    Name of the subdivision, location by section, range and township, or by other survey number; date, north point, scale and acreage.
   (b)    Name and address of the subdividers, and the professional engineer and/or registered surveyor who prepared the plat and appropriate registration numbers and seals.
   (c)    Plat boundaries based on accurate traverse, with angular and lineal dimensions. All dimensions, both linear and angular shall be determined by an accurate control survey in the field which must balance and close within the limit of one in 10,000.
   (d)    Bearings and distances to nearest established street lines or other recognized permanent monuments.
   (e)    Exact locations, right of way and names of all streets within and adjoining the plat, and building setback lines.
   (f)    Radii, internal angles, points of curvature, tangent bearings, lengths of arcs, and lengths and bearings of chords of all applicable streets within the plat area.
   (g)    All easements and rights of way provided for public services or utilities.
   (h)    All lot numbers and lines with accurate dimensions in feet and hundredths. When lots are located on a curve, the lot width at the building setback line shall be shown.
   (i)    Accurate location and description of all monuments.
   (j)    Accurate outlines of areas to be dedicated or reserved for public use, or any area to be reserved for the common use of all property owners. The use and accurate boundary locations shall be shown for each parcel of land to be dedicated.
   (k)    A copy of any restrictions and covenants the subdivider intends to include in the deeds to the lots in the subdivision.
   (l)    Certification by a registered surveyor to the effect that the plat represents a survey made by him and that the monuments shown thereon exist as located and that all dimensional details are correct.
   (m)    The location of and a description of all monuments and pins as specified in Section  1131.03 . (Ord. 70-74. Passed 10-15-74.)

1127.18 SUPPLEMENTARY INFORMATION.

   The following information shall be supplied in addition to the requirements in Section 1127.17:
   (a)    If a zoning change is involved, certification from the Zoning Inspector shall be required indicating that the change has been approved and is in effect.
   (b)    Certification shall be required showing that all required improvements have been either installed and approved by the proper officials or agencies, or that a bond or other surety has been furnished assuring installation and initial maintenance of the required improvements. (Ord. 70-74. Passed 10-15-74.)

1127.19 FILING.

   The final plat shall be filed with the Planning Commission not later than twelve months after the date of approval of the preliminary plat; otherwise it will be considered void unless an extension is requested by the developer and granted in writing by the Commission.
(Ord. 70-74. Passed 10-15-74.)

1127.20 APPROVAL OF FINAL PLAT.

   The Planning Commission shall approve or disapprove the final plat within thirty days after it has been filed. Failure of the Commission to act upon the final plat within such time shall be deemed as approval of the plat. If the plat is disapproved, the grounds for disapproval shall be stated in the records of the Commission and a copy of such record shall be forwarded to the subdivider. The Commission shall not disapprove the final plat if the developer has done everything that he was required to do and has proceeded in accordance with the conditions and standards specified in the approved preliminary plat. If disapproved, the subdivider shall make the necessary corrections and resubmit the final plat within thirty days to the Commission for its final approval. If a plat is refused by the Commission, the person submitting the plat which the Commission refused to approve may file a petition within ten days after such refusal in the Court of Common Pleas to reconsider the action of the Commission.
(Ord. 70-74. Passed 10-15-74.)

1127.21 TRANSMITTAL OF COPIES.

   When the final plat has been approved by the Planning Commission, the original tracing shall be returned to the subdivider for filing with the County Recorder after all necessary certifications are received. (Ord. 70-74. Passed 10-15-74.)

1127.22 MINOR SUBDIVISIONS.

   Approval without a plat of a minor subdivision may be granted by the Planning Commission if the proposed division of a parcel of land meets all of the following conditions:
   (a)    The proposed subdivision is located along an existing public road and involves no opening, widening or extension of any street or road;
   (b)    No more than five lots are involved after the original parcel has been completely subdivided;
   (c)    The proposed subdivision is not contrary to applicable subdivision or zoning regulations.
   (d)    The property has been surveyed and a sketch and legal description of the property is submitted with the application.
   If approval is given under these provisions, the Planning Commission shall, within seven working days after submission, approve such proposed division and upon presentation of a conveyance for such parcel, shall stamp "Approved by the City of Bucyrus, Crawford Regional Planning Commission; no plat required" and the authorized representative of the Commission shall sign the conveyance. (Ord. 70-74. Passed 10-15-74.)

1129.01 PURPOSE.

   The regulations in this chapter, shall control the manner in which streets, lots and other elements of a subdivision are arranged on the land. These design controls shall help insure convenient and safe streets, creation of usable lots, provision of space for public utilities and reservation of land for recreational uses. The planning of attractive and functional neighborhoods shall be promoted, minimizing undesirable features of unplanned, haphazard growth.
   The Planning Commission has responsibility for reviewing the design of each future subdivision early in its design development and shall insure that all requirements of this chapter are met. (Ord. 70-74. Passed 10-15-74.)

1129.02 CONFORMITY TO DEVELOPMENT PLANS AND ZONING.

   The arrangement, character, width and location of all arterial and collector thoroughfares or extensions thereof shall conform to appropriate Major Thoroughfare Plans. Thoroughfares not contained in the aforementioned plans shall conform to the recommendation of the Planning Commission based upon design standards set forth in Section 1129.03 to 1129.12, inclusive. No final plat of land within the area in which existing zoning regulations are in effect shall be approved unless it conforms with such regulation. (Ord. 70-74. Passed 10-15-74.)

1129.03 SUITABILITY OF LAND.

   If the Planning Commission finds that land proposed to be subdivided is unsuitable for subdivision development due to flooding, poor drainage, topography, inadequate water supply, schools, transportation facilities and other such conditions which may endanger health, life or property and, if from investigations conducted by public agencies concerned, it is determined that in the best interest of the public the land should not be developed for the purpose proposed, the Commission shall not approve the land for subdivision unless adequate methods are advanced by the subdivider for solving problems that will be created by development of the land.
(Ord. 70-74. Passed 10-15-74.)

1129.04 STREET DESIGN AND STANDARDS.

   The arrangement, character, extent, width, grade construction and location of all streets shall conform to all appropriate Major Thoroughfare Plans or subsequent amendments thereto, and shall be considered in their relation to existing and planned streets, topographical conditions and public convenience and safety, and in their appropriate relation to the proposed uses of the land to be served by such streets. The street pattern shall discourage through traffic in the interior of a subdivision. The subdivider shall provide within the boundaries of the subdivision plat the necessary right of way for the widening, continuance or alignment of such streets in conformity with Major Thoroughfare Plans.
   The design and improvement standards contained in Table 1 herein are suggested minimums. All streets shall be designed and constructed in accordance with standards as specified.
   All thoroughfare entrances and exits to and from any new subdivision within the City must have minimum right-of-way widths of fifty feet and minimum paved surface widths of twenty-six feet. (Ord. 74-77. Passed 12-27-77.)
TABLE 1
STREET DESIGN STANDARDS
(in feet)
Cul-de-sac and
Loop Streets
Local Streets
Collector Streets
Design
Element
*Low
Density
Med
Density
High
Density
Low
Density
Med
Density
High
Density
Low
Density
Med
Density
High
Density
Right of way
50
50
60
50
60
60
60
60
80
Pavement width
26
26
36
26
32
36
32
36
36
Sidewalk width
4
4
4
4
4
4
4
4
4
Maximum cul-de-sac length
700
700
700
-
-
-
-
-
-
Minimum cul-de-sac radius
Right-of-way
50
55
55
-
-
-
-
-
-
Minimum cul-de-sac radius
Pavement
40
40
40
-
-
-
-
-
-
Minimum center line radius of streets with an angle of turn of:
(1) Between 80 degrees and 100 degrees
60
60
60
60
60
60
(2) Less than 80 degrees or more than 100 degrees
200
200
200
200
200
200
 
A utility easement ten feet in width may be required along each side of the street right of way.
 
Note:    Exceptions to the standards contained in this table are permitted under certain conditions for large lots, see Sections
    1129.11 and 1129.12. For variance procedures see Section 1133.05 .
   *Low, Medium and High refer to proposed density of development.
    (Ord. 70-74. Passed 10-15-74; Ord. 75-77. Passed 12-27-77.)

1129.05 HORIZONTAL ALIGNMENT OF STREETS.

   When there is an angle of deflection of more than ten degrees between two center line tangent sections of a street, a curve of adequate radius shall connect them, see Sections 1129.04 to 1129.06 inclusive. Between reverse curves, a minimum tangent of 100 feet shall be introduced. (Ord. 70-74. Passed 10-15-74.)
 

1129.06 VERTICAL ALIGNMENT OF STREETS.

   (a)    All changes of grade shall be connected by vertical curves of a minimum length in feet equal to twenty times the algebraic difference in the rate of grade for arterials and industrial streets; for collector and local streets, fifteen times.
   (b)    Minimum vertical visibility shall conform to Ohio Department of Transportation regulations in effect on the date of the approval of the preliminary plat.
   (c)    No street grade shall be less than one-half of one percent and in no case shall a street grade be more than three percent within 100 feet of an intersection.
(Ord. 70-74. Passed 10-15-74.)

1129.07 INTERSECTIONS.

   (a)    Design and improvement standards for intersections are suggested minimums for all street intersections in subdivisions. All such intersections shall be designed and constructed in accordance with the standards specified in Table 2.
   (b)    Multiple intersections involving junctions of more than two streets shall be avoided.
TABLE 2
INTERSECTION DESIGN STANDARDS
Design Element
All Densities
Maximum approach speed
25 mph
Clear sight distance
(Length along each approach leg)
90 feet
Vertical alignment with intersection
Flat
Minimum angle of intersection
75 degrees
Streets shall remain in the angle of intersection for at least 100 feet beyond the point of intersection
90 degrees preferred
Minimum curb radius
(feet)
(a)   Local-local
25 - all cases
(b)   Local-collector
25 - all cases
(c)   Collector-collector
30 - all cases
(d)   Collector, marginal access - arterial   
35 - all cases
Minimum center line, offset of adjacent intersections
(a)   Local-local
150 - all cases
(b)   Local-collector
200 - all cases
(c)   Collector-collector
300 - all cases
(d)   Collector, marginal access - arterial   
1320 - all cases
(Ord. 70-74. Passed 10-15-74.)

1129.08 SPECIAL STREET TYPES.

   The following requirements shall apply to special street types:
   (a)    Permanent dead-end streets shall not be permitted. Temporary dead-end streets shall be permitted only as part of a continuing street plan and only if a temporary turn-around satisfactory to the Planning Commission in design is provided, and provisions for maintenance and removal are advanced. Temporary dead-end streets longer than 200 feet shall not be permitted.
   (b)    Dedication of new half-streets shall not be permitted. Where a dedicated or platted half-street exists adjacent to the tract being subdivided, the other half shall be platted.
   (c)    Where a subdivision adjoins an arterial street, a marginal access street shall be designed, if the subdivision design is such that residential lots would require direct vehicular access onto the arterial highway. Points of access to the arterial street shall be spaced at a minimum of 1320 feet. A planting strip having a minimum width of twenty feet shall be provided between the pavement of the arterial street and the pavement of the marginal access street. The minimum width of the marginal access right of way shall be fifty feet.
   (d)    Alleys shall not be approved in residential subdivisions, except where justified by extreme conditions. Alleys may be required in commercial and industrial districts if other provisions cannot be made for adequate service access. The minimum widths for alleys shall be twenty-five feet for the right of way and twenty feet for the pavement width.
      (Ord. 70-74. Passed 10-15-74.)

1129.09 STREETS FOR COMMERCIAL SUBDIVISIONS.

   Streets serving business developments and accessory parking areas shall be planned to connect with arterial streets so as not to generate traffic on local streets. The intersections of driveways from parking areas with arterial or collector streets shall be located so as to cause the least possible interference with traffic movement on the streets, and shall be located not less than 100 feet from the intersection of an arterial or collector street with any other street, and shall be spaced not less than 200 feet from each other. The Planning Commission may require marginal access streets to provide maximum safety and convenience.
(Ord. 70-74. Passed 10-15-74.)

1129.10 STREETS FOR INDUSTRIAL SUBDIVISIONS.

   Collector streets for industrial subdivisions shall be planned to serve industrial areas exclusively and shall connect with arterial streets so that no industrial traffic will be directed to any residential streets. The intersections of service streets from parking areas with other streets shall not be less than 150 feet from the intersection of the arterial or collector street with any other street. Streets shall be planned to be extended to the boundaries of any adjoining land planned for industry, except for severe physical conditions or if the Planning Commission finds such extension is not in accord with the approved plan of the area.
(Ord. 70-74. Passed 10-15-74.)

1129.11 SIDEWALKS.

   (a)    Sidewalks shall be required on both side of the street in all residential subdivisions where the predominant lot width is less than 100 feet and may be required in other instances by the Planning Commission, No sidewalks will normally be required where the predominant lot width is greater than 150 feet. Sidewalks are to be constructed by the builder or developer after the building is constructed. The developer or builder will bear the responsibility for installation.
   (b)   Public sidewalks shall be required for all commercial lots.
   (c)   Public sidewalks may be required for industrial lots, subject to the approval of the Planning Commission. (Ord. 70-74. Passed 10-15-74.)

1129.12 BLOCKS.

   The following regulations shall govern the design and layout of blocks:
   (a)    The arrangement of blocks shall be such as to conform to the street planning criteria set forth in Sections 1129.04 to 1129.11, inclusive, and shall be arranged to accommodate lots and building sites of the size and character required for the district as set forth in these Subdivision Regulations or zoning regulations and to provide for the required community facilities.
   (b)    Irregularly shaped blocks, those intended for cul-de-sacs or loop streets, and those containing interior parks or playgrounds, may be approved by the Planning Commission if properly designed and located and if the maintenance of interior public spaces is covered by agreements.
   (c)   No block shall be longer than 1200 feet and the block width shall accommodate two tiers of lots, except where unusual topography or other exceptional physical circumstances exist.
   (d)    Where blocks are over 900 feet in length a crosswalk easement not less than ten feet in width at or near the halfway point may be required by the Commission if necessary, to provide proper access to schools, recreational areas, shopping centers and other facilities. (Ord. 70-74. Passed 10-15-74.)

1129.13 LOTS.

   The following regulations shall govern the design and layout of lots:
   (a)    The lot arrangement and design shall be such that all lots provide satisfactory building sites, properly related to topography and the character of surrounding development.
   (b)    All lots shall conform to or exceed the requirements of these Subdivision Regulations and the zoning district requirements for the district in which they are located and the use for which they are intended. (Ord. 74-77. Passed 12-27-77.)
   (c)    Each lot shall front on a public or approved private thoroughfare.
      (Ord. 33-2005. Passed 9-6-05.)
   (d)    All side lot lines shall be at right angles to street lines and radial to curved street lines, except where the Planning Commission determines that a variation to this rule would provide a better layout.
   (e)    Lots with double frontage shall be avoided except where the Commission determines that it is essential to provide separation of residential development from arterial streets.
   (f)    All lots within a new subdivision must front upon a street with a minimum right- of-way width of fifty feet and a minimum pavement width of twenty-six feet.
      (Ord. 74-77. Passed 12-27-77.)
   (g)   All newly platted high rise properties that are developed for residential construction shall include parking spaces for at least two vehicles per residential unit.
      (Ord. 2-97. Passed 1-7-97, amended former Section 1109.13 which is now codified as Section 1129.13.)

1129.14 EASEMENTS.

   Easements at least twenty feet in width centered along rear or side lot lines shall be provided where necessary for sanitary sewers, gas mains, water lines and electric lines. Easements shall also be provided along every water course, storm sewer, drainage channel or stream within a subdivision, as provided for in Section 1129.15.
(Ord. 70-74. Passed 10-15-74.)

1129.15 FLOOD AREAS AND STORM DRAIN DITCHES.

   (a)    In order to protect the health, safety and general welfare of the people, the Planning Commission shall reject any proposed subdivision located in an area subject to periodic flooding. If the subdivision is located in an area having poor drainage or other adverse physical characteristics, the Commission may approve the subdivision provided the subdivider agrees to perform such improvements as will render the area safe for the intended use. The Planning Commission shall review subdivision proposals and other proposed new developments to assure that:
      (1)    All such proposals are consistent with the need to minimize flood damage,
      (2)    All public utilities and facilities, such as sewer, gas, electrical and water systems are located, elevated and constructed to minimize or eliminate flood damage, and
      (3)    Adequate drainage is provided so as to reduce exposure to flood hazards.
   (b)    Flood control or storm drainage facilities shall be provided as follows:
      (1)    Access to flood control or storm drainage ditches and channels shall be by means of easements. Such easements shall be not less than thirty feet in width, exclusive of the width of the ditch or channel, and an easement of this type shall be provided on one side of a flood control or storm drainage ditch, channel or similar type facility.
      (2)    Flood control or storm drainage easements containing underground facilities shall have a minimum width of ten feet.
         (Ord. 70-74. Passed 10-15-74.)

1129.16 PUBLIC SITES, OPEN SPACE AND NATURAL FEATURES.

   Where a park, playground, school or public access to water frontage which is shown in the Comprehensive Development Plan is located in whole or in part in the proposed subdivision, the Planning Commission shall request the dedication of such area within the subdivision. The subdivider shall pay for only that portion of the cost of the public site that benefits his subdivision as determined by the Commission. The owner of each new subdivision, as a prerequisite to the approval of the final plat thereof, shall pay a park and playground fee into the City Park and Playground Fund. The fee shall be computed as follows: The sum of forty dollars ($40.00) for each dwelling unit permitted to be constructed thereon under applicable zoning regulations. For each lot or parcel intended for commercial, office or other use, an amount computed at the rate of four hundred dollars ($400.00) for each acre of such lot or parcel. The Park and Playground Fund shall be used for acquisition or improvement of parks and playgrounds exclusively, and for no other purpose. In lieu of payment of the above park and playground fee, Council, on recommendation of the Commission, may accept the dedication for public park and playground use, open spaces constituting not less than fifteen percent of the gross acreage of the subdivision, suitably located and of adequate size. However, in no event shall the aggregate value of such dedicated land be less than the equivalent park and playground fee otherwise payable and computed in accordance with the above established formula. The Commission shall, wherever possible, establish the preservation of all natural features which add value to residential developments and to the community, such as large wooded areas, water courses, areas of historical significance and similar irreplaceable assets. (Ord. 70-74. Passed 10-15-74.)

1129.17 TRAFFIC CONTROL SIGNS AND DEVICES.

   The plat for each new subdivision hereunder, prior to its submission for approval, shall indicate upon its face by appropriate symbols such traffic control signs and devices to be installed at the various street intersections as shall have previously been approved by the City Traffic Commission and the Police Department. (Ord. 74-77. Passed 12-27-77.)

1129.18 REVIEW FEES.

   Every individual, partnership, firm or corporation developing a multi-family residential subdivision or a new commercial or industrial area within the jurisdiction of the City, shall as a condition to securing a building permit from the City pay a planning and engineering review and inspection fee to the Director of Public Service-Safety in accordance with the following fee schedule:
   (a)    Multi-Family Development: $7.50 per living unit with a minimum fee of $50.00;
   (b)    Commercial Development: $0.05 per square foot of building space with a minimum fee of $50.00;
   (c)    Industrial Development: $0.05 per square foot of building space with a minimum fee of $50.00. (Ord. 15-81. Passed 4-21-81, amended former Section 1109.18 which is now codified as Section 1129.18.)

1131.01 GUARANTEE FOR INSTALLATION.

   All improvements required herein shall be constructed prior to the granting of the final plat approval by the Planning Commission, or the subdivider shall furnish the Commission with a surety bond or certified check or other approved bond for the amount of the estimated construction cost for the ultimate installation and initial maintenance of the improvements, and repair of adjacent streets used in construction. (Ord. 70-74. Passed 10-15-74.)
 

1131.02 CONSTRUCTION PROCEDURE AND MATERIALS.

   The subdivider shall design and construct improvements not less than the standards outlined in these Regulations. The work shall be done under City supervision and inspection and shall be completed within the time fixed or agreed upon by the City Engineering Department. The minimum requirements for materials shall be in accordance with the standards of the current volume of "Construction and Material Specifications" of the State of Ohio Department of Transportation and the requirements of the Ohio Department of Health. All inspection costs shall be paid for by the subdivider. Design of all improvements shall conform to standards and specifications of the City Engineering Department and these Regulations.
(Ord. 70-74. Passed 10-15-74.)

1131.03 MONUMENTS, MARKERS AND PINS.

   Solid iron pins or iron pipe monuments at least one inch in diameter and at least thirty inches long shall be accurately set and established at the intersections of all boundary lines of the subdivision; at the intersections of those boundary lines with all street lines; at the beginning and end of all curves; at points on curves where the radius or direction changes; and at such other points as are necessary to establish definitely all lines of the plat, including all lot corners.
(Ord. 70-74. Passed 10-15-74.)

1131.04 STREET IMPROVEMENTS.

   All streets shall be graded to their full width, including side slopes, and improved in conformance with standards of the City Engineering Department.
(Ord. 70-74. Passed 10-15-74.)

1131.05 STREET WIDTH.

   Minimum street pavement widths shall conform to the standards given in Sections 1129.04 to 1129.06, inclusive. Where pavement widths greater than those specified in Sections 1129.04 to 1129.06 are deemed necessary by the City Engineering Department and approved by Council, the City shall bear the extra cost of providing a greater than the minimum pavement width required by these Regulations. (Ord. 70-74. Passed 10-15-74.)
 

1131.06 STREET CURBS AND GUTTERS.

    Curbs and gutters shall be required on all streets. (Ord. 70-74. Passed 10-15-74.)

1131.07 SIDEWALKS.

   All sidewalks shall be constructed of Portland cement concrete or other acceptable material to the minimum width specified in Table 1 and to a minimum depth of four inches.
(Ord. 70-74. Passed 10-15-74.)

1131.08 DRIVEWAYS.

   Driveways shall have a maximum grade of ten percent and shall be constructed to a minimum depth of six inches. Driveways and curb cuts shall be located not less than three feet from the side lot line. Curb cuts for straight curbs and the flare for rolled curbs shall be five feet wider than the driveway pavement on each side. Apron is to be of Portland cement concrete.
(Ord. 70-74. Passed 10-15-74.)

1131.09 STREET NAME SIGNS AND STREET NAMING.

   (a)    Street name signs, of a type in use throughout the City, shall be erected and paid for by the subdivider at all intersections.
   (b)   Whenever a new street is constructed along the approximate alignment or extension of an existing street, its name shall be the same as that of the existing one.
   (c)    Whenever a street alignment changes directions more than seventy-five degrees without a return to the original alignment within a distance of 500 feet, then the name of the street shall be changed at the point of curvature.
   (d)    Whenever a cul-de-sac street serves not more than three lots, the name of the intersecting street shall apply to the cul-de-sac.
   (e)    To avoid duplication and confusion, the proposed names of all streets shall be approved by the City Engineering Department prior to such names being assigned or used.
 
 
(f)   General Direction
Long
Short
   North and South
Avenues
Courts
   East and West
Streets
Places
   Diagonal
Roads
Ways
   Curving
Drives
Circles or Lanes
(Ord. 70-74. Passed 10-15-74.)

1131.10 STREET AND WALKWAY LIGHTING.

   (a)    The subdivider shall install street lights in accordance with standards and specifications of the City Engineering Department in each residential subdivision which contains a majority of lots with an individual lot width of 100 feet or less at the front property line. Such lights shall be located at each entrance, streets and walkways, to the subdivision and in each street intersection within the subdivision. In addition, whenever the distance between two adjacent street and/or walkway lights would exceed 300 feet, then additional street lights shall be installed in such a manner that proper light intensity shall be provided and maintained.
   (b)    New subdivision street and walkway lighting shall be installed with all associated wiring underground. (Ord. 70-74. Passed 10-15-74.)

1131.11 WATER SUPPLY.

   The following requirements shall govern water supply improvements:
   (a)    Where a public water supply is reasonably accessible or required because of pollution problems, in the determination of the Planning Commission upon recommendation of the City Engineering Department, the subdivision shall be provided with a complete water distribution system, including a connection for each lot and appropriately spaced fire hydrants. Public water distribution and public wells systems shall meet the requirements of the Ohio Department of Health as cited in Ohio R.C. 3701.18 to 3701.21, inclusive.
   (b)    Where public water supply is not available or not required, the subdivider shall supply acceptable evidence of the availability of water. The subdivider may be required to make one or more test wells in the area to be platted if such evidence is deemed not acceptable. Copies of well logs which are obtained shall include the name and address of the well driller and shall be submitted with the plat to the Commission.
   (c)    Individual private wells shall be located at least twenty-five feet from property lines; 100 feet from all tile fields and other septic tanks; 100 feet from all tile fields and other sewage disposal facilities; forty feet from streams, lakes, ponds and ditches; twenty feet from all cast iron sewer lines; and 100 feet from any vitrified sewer tile line and shall not be located within any areas of flooding. As a precaution against seepage, a watertight seal shall be provided around the well casing. Minimum lot sizes shall be in accordance with the requirements of the zoning district in which the subdivision is located. If no zoning is in effect, the minimum requirement of Section 1129.13(c) shall apply. In all cases where it has been determined by the Planning Commission that individual water supplies from private wells are not feasible, a public water distribution system shall be required. (Ord. 70-74. Passed 10-15-74.)

1131.12 FIRE PROTECTION.

   Fire hydrants with two and one-half inch outlets and one large pumping connection shall be provided by the subdivider in all subdivisions with public water supplies. The hydrants should be located between property lines and curbs with all outlets facing or parallel to the street. Hydrants shall be placed at the corners of all blocks and at mid-block for blocks exceeding 800 feet in length. Hydrants shall also be required at the entrance and end for all cul-de-sacs exceeding 400 feet in length. The maximum distance between hydrants shall be 400 feet.
   The type of hydrant and control valves and the location of the hydrant shall be approved by the City Engineering Department. The minimum size of any water line serving any hydrant shall not be less than eight inches in diameter and should be circulating water lines. The size and location of water lines should be approved by the City Engineering Department and the Ohio Department of Health for commercial and industrial subdivisions.
(Ord. 73-77. Passed 12-27-77.)

1131.13 SANITARY SEWER IMPROVEMENTS.

   The following requirements shall govern sanitary sewer improvements:
   (a)    Where an adequate public sanitary sewer system is reasonably accessible in the determination of the Planning Commission, public sanitary sewers shall be installed to adequately serve all lots, including lateral connections to the public system. Public sewer system extensions shall meet the requirements of the Ohio Environmental Protection Agency and City standards. Combinations of sanitary sewers and storm sewers are prohibited.
   (b)    Where a public sanitary sewer system is not reasonably accessible, the subdivider may provide:
      (1)    A central treatment plant for the group, provided that such central treatment plant is installed in accordance with Ohio Environmental Protection Agency and City Health Department regulations.
      (2)    Lots may be served by individual disposal systems, if the provisions of subsection (c) hereof are met.
   (c)    (1)    Where installation of individual disposal systems is considered the suitability of the soil for individual systems, the absorptive ability of the soil, surface drainage, groundwater level and topography shall be the criteria for determining whether or not the installation of individual systems is permissible. Criteria shall be in accordance with the requirements of the City Health Department and the Ohio Environmental Protection Agency.
      (2)    Each lot so served shall be of a size and shape to accommodate the necessary length of tile field at a safe distance from and at a lower elevation than the proposed building. Such lot size and shape shall conform to the requirements of the zoning district in which they are located. If no zoning is in effect, the standards set forth in Section 1129.13 (c) shall be met.
      (3)    At least one percolation test shall be made for each lot area being platted and each test shall be located in close proximity to the proposed individual sewage disposal unit, be numbered and its location shown on the preliminary plat. All percolation tests shall be performed in accordance with the requirements of the Planning Commission and the City Health Department.
      (4)    Where the installation of individual disposal units is considered and where the average natural ground slope exceeds ten percent, the installation of a step-up disposal system may be required, subject to specification by the City Health Department. (Ord. 70-74. Passed 10-15-74. )

1131.14 DRAINAGE IMPROVEMENTS.

   The subdivider shall secure written drainage right-of-way easements from all intervening landowners to dispose of all storm and surface drainage waters originating upon subdivided tracts to the nearest outlet, river, ditch or tile approved by the Bucyrus City Health Department to receive same, and shall construct all necessary facilities including underground pipe, inlets, catch basins or open drainage ditches, as determined by the City Engineering Department, to provide for adequate disposal of subsurface and surface water and maintenance of natural drainage courses. The velocity of flow in an open ditch shall not exceed four feet per second in soil ditches or six feet per second in turf gutters. Paved gutters will be required if velocities of flow are greater than those specified or if it is otherwise likely that destructive erosion will result. Drainage ditches shall not be permitted to discharge into any sanitary sewer facility.
(Ord. 73-77. Passed 12-27-77.)

1131.15 CULVERTS AND BRIDGES.

   Where natural drainage channels intersect any street right of way, it shall be the responsibility of the subdivider to have satisfactory bridges and/or culverts constructed. Where culverts are required, they shall be designed and constructed in accordance with specifications of the City Engineering Department. (Ord. 70-74. Passed 10-15-74.)

1131.16 ELECTRIC, GAS AND TELEPHONE SERVICE.

   (a)    Electric service and telephone service shall be provided within each subdivision. Gas service may be required where reasonably accessible. Whenever such facilities are reasonably accessible and available, they may be required to be installed within the area prior to the approval of the final plat. Telephone, electric and street lighting wires, conduits and cables shall be constructed underground.
   (b)    Whenever a sanitary sewer line and electric and/or telephone line are each placed underground in the same utility easement, the following provisions shall be applicable:
      (1)    The total easement width shall be not less than twenty feet, and
      (2)    The sanitary sewer line shall be installed within three feet of one side of the easement, and the electric and/or telephone lines shall be installed within three feet of the opposite side of the easement.
         (Ord. 70-74. Passed 10-15-74.)

1131.17 OVER-SIZE AND OFF-SITE IMPROVEMENTS.

   The utilities, pavements and other land improvements required for the proposed subdivision shall be designed over-size and/or with extensions provided to serve nearby land which is an integral part of the neighborhood service or drainage area as determined by the City Engineering Department. (Ord. 70-74. Passed 10-15-74.)

1131.18 EXTENSIONS TO BOUNDARIES.

   The subdivider shall be required to extend necessary improvements to the boundary of the proposed subdivision to serve adjoining unsubdivided land, as determined by the Planning Commission. (Ord. 73-77. Passed 12-27-77.)

1131.19 OFF-SITE EXTENSIONS.

   If streets or utilities are not available at the boundary of a proposed subdivision and if the Planning Commission finds the extensions across undeveloped areas would not be warranted as a special assessment to the intervening properties, the subdivider may be required, prior to approval of the final plat, to obtain necessary easements or rights of way and construct and pay for such extensions. (Ord. 70-74. Passed 10-15-74.)

1131.20 INSPECTION.

   The City Engineering Department shall be notified twenty-four hours or more before starting each separate phase of construction within the subdivision, including but not limited to streets, grading, water, sewer, storm drains and other necessary construction features. Verbal notification may be made with prior approval. (Ord. 70-74. Passed 10-15-74.)

1131.21 ACCEPTANCE OF PUBLIC IMPROVEMENTS BY CITY.

   Prior to acceptance of the public improvements by the City, the following conditions shall be met:
   (a)   Upon final inspection by the City, the public improvements are found to be built according to City specifications and are in good repair.
   (b)   “As built” construction plans on reproducible mylar or linen, not less than sixteen inches by twenty-two inches and not more than twenty-four inches by thirty-six inches in size, are submitted and sealed by the developer’s engineer, to the City. Autocad formatted disk of “as-built” drawings must accompany the construction plans.
   (c)   Written certification by a surveyor registered in the State that the monuments as required in Section 1131.03 have been set as shown on the final plat and that general permanent monuments have been placed in the centerlines of all new roads at the limits of the subdivision, at points of curve and at points of tangency, and in accordance with the Ohio Revised Code, is submitted to the City.
      (Ord. 22-99. Passed 3-2-99.)

1133.01 RECORDING OF PLAT.

    No plat of any subdivision shall be recorded by the County Recorder or have any validity until the plat has received final approval in the manner prescribed in these Regulations.
(Ord. 70-74. Passed 10-15-74.)

1133.02 REVISION OF PLAT AFTER APPROVAL.

   No changes, erasures, modifications or revisions shall be made in any plat of a subdivision after approval has been given by the Planning Commission and endorsed in writing on the plat, unless the plat is first resubmitted to the Commission.
(Ord. 70-74. Passed 10-15-74.)

1133.03 SALE OF LAND WITHIN SUBDIVISIONS.

   No owner, or agent of the owner, of any land located within a subdivision shall transfer or sell any land by reference to, exhibition of or use of a plat of the subdivision before such plat has been approved and recorded in the manner prescribed in these Regulations. The description of such lot or parcel by metes and bounds in the instrument of transfer or other documents used in the process of selling or transferring shall not exempt the transaction from the provisions of these Regulations. (Ord. 70-74. Passed 10-15-74.)

1133.04 SCHEDULE OF FEES, CHARGES AND EXPENSES.

   Council shall establish a schedule of fees, charges and expenses and a collection procedure for same and other matters pertaining to these Regulations. The schedule of fees shall be posted in the office of the City Clerk and may be altered or amended only by Council. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal. (Ord. 70-74. Passed 10-15-74.)

1133.05 VARIANCES.

   The following Regulations shall govern the granting of variances:
   (a)    Where the Planning Commission finds that extraordinary and unnecessary hardship may result from strict compliance with these Regulations, due to exceptional topographic or other existing physical conditions, it may vary the Regulations so as to relieve such hardship, provided such relief may be granted without detriment to the public interest and without impairing the intent and purpose of these Regulations or the desirable development of the neighborhood and community. Such variations shall not have the effect of nullifying the intent and purpose of these Regulations, the Comprehensive Plan, or applicable zoning regulations, if such exists.
   (b)    In granting variances or modifications, the Commission may require such conditions as will, in its judgment, secure substantially the objective of the standards or requirements so varied or modified.
      (Ord. 70-74. Passed 10-15-74.)

1133.06 APPEALS.

   Any person who believes he has been aggrieved by the Regulations or the action of the Planning Commission, has all the rights of appeal as set forth in Ohio R. C. Chapter 711 or any other applicable section of the Ohio Revised Code. (Ord. 70-74. Passed 10-15-74.)

1133.07 EFFECTIVE DATE.

   These Regulations shall become effective from and after the date of its approval and adoption by the Planning Commission and Council after public hearings. Henceforth, any other regulations previously adopted by Council or the Commission shall be deemed to be repealed. These Regulations shall in no way affect any subdivision having received preliminary approval prior to the effective date, provided that no changes to the preliminary plat, as approved, are introduced by the subdivider. (Ord. 70-74. Passed 10-15-74.)

1133.99 PENALTY.

   The following penalties shall apply to violation of these Regulations:
    (a)    Whoever violates any rule or regulation adopted by Council for the purpose of setting standards and requiring and securing the construction of improvements within a subdivision or fails to comply with any order pursuant thereto is creating a public nuisance and the creation thereof may be enjoined and maintenance thereof
may be abated by action at suit of the City or any citizen thereof. Whoever violates these Regulations shall be fined not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000). Such sum may be recovered with costs in a civil action brought in the Court of Common Pleas of Crawford County.
   (b)    A County Recorder who records a plat contrary to the provisions of these Regulations shall forfeit and pay not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500. 00) to be recovered with costs in a civil action by the Prosecuting Attorney in the name of and for the use of Crawford County.
   (c)    Whoever, being the owner or agent of the owner of any land within or without a municipal corporation, transfers any lot, parcel or tract of such land from or in accordance with a plat of a subdivision before such plat has been recorded in the office of the County Recorder, shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) for each lot, parcel or tract of land so sold. The description of such lot, parcel or tract by metes and bounds in the deed or transfer shall not serve to exempt the seller from the fine provided in this subsection.
   (d)    Any person who disposes of or offers for sale or lease for a time exceeding five years any lot or any part of a lot in a subdivision before provisions of these Regulations are complied with shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) for each lot or part of a lot so sold, offered for sale or leased, to be recovered with costs in a civil action, in the name of the City Treasurer for the use of the City.
      (Ord. 70-74. Passed 10-15-74.)
APPENDIX
REQUIRED STATEMENTS AND SIGNATURES TO BE AFFIXED ON THE PLAT
The following statements shall be affixed on the subdivision plat:
Situated in Section _________ Township, __________ Range, __________County, __________ Ohio, containing __________ acres and being the same tract as conveyed to __________ and described in the deed recorded in Deed Book __________, Page________, Crawford County, Ohio.
 
The undersigned__________________ hereby certify that the attached plat correctly represents their ___________________ , a subdivision of lots _______ to                        inclusive, do hereby accept this plat of same and dedicate to public (private) use as such all or parts of the roads, boulevards, cul-de-sacs, parks, planting strips, etc., shown herein and not heretofore dedicated.
The undersigned further agrees that any use of improvements made on this land shall be in conformity with all existing valid zoning, platting, health or other lawful rules and regulations including the applicable off-street parking and loading requirements of the City of Bucyrus, Ohio, for the benefit of himself and all other subsequent owners or assigns taking title from, under or through the undersigned.
In Witness thereof __________________ day of ____________ , 20_____.
Witness ____________________   Signed ________________________
    ____________________      ________________________
We do hereby certify that we have surveyed the premises and prepared the attached plat and that said plat is correct.
                  By ___________________________
STATE OF OHIO
CITY OF BUCYRUS
Before me, a Notary Public in and for said City, personally came ___________who acknowledged the signing of the foregoing instrument to be their voluntary act and deed for the purposes therein expressed.
In witness whereof I have hereunto set my hand and affixed my official seal this________________ , 20____.
                  By ___________________________
Within the Three Mile Limits of the City
Reviewed this ______day of ______ , 20___ ______________________
                   ______________________
                   ______________________
                   Township Trustees
 
Approved this______ day of ______ , 20___.    ______________________
                           County Engineer
Approved this______ day of ______, 20___.   ______________________
                         Health Department
Approved this______day of ______ , 20___. Approval of this plat for recording does not constitute an acceptance of the dedication of any public street, road or highway dedicated on such plat.
                     _______________________
                     City Engineering Department
                     _______________________
                        City Planning Department
                     _______________________
                            Mayor
Transferred this ______day of ______ , 20___. ____________________
                          County Auditor
Filed for Record this ______day of ______ , 20___ at _____m.
Recorded this______ day of ______, 20___ in Plat Book _____________
Page No.______ .
                     _______________________
                      County Recorder   
(Ord. 70-74. Passed 10-15-74.)