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Canfield City Zoning Code

TITLE ONE

Subdivision and Land Development Regulations

APPENDIX A SOILS

SOIL GROUPS
ARTICLE 1
1.      For the purpose of promoting the public health, safety and general welfare, and determining, establishing and defining SOIL GROUPS, and to adopt such regulations for each group, and in accordance with provisions of Sections of the Revised Code of Ohio, the entire area of Canfield City is hereby divided into the following groups, namely:
 
GROUP I
- Relatively Favorable Soils
GROUP II
- Steep Soils
GROUP III
- Seasonably Wet Soils
GROUP IV
- Wet, Shrinks - Swell Soils
GROUP V
- Restricted Soils
2.      The groups are comprised of several soil types as identified hereinafter and which soil types are shown on the map designated as “the Canfield District Soil Map”, dated October 1968, and made a part of this regulation. All pertinent notations, soil mapping unit designators and other information shown upon the said “Map” shall be as much a part of this regulation as if the matter and things set forth by the said map were fully described herein.
 
3.      The soil groups and the “Canfield District Soil Map” were prepared with the assistance and co-operation of the Soil Conversation Service, USDA, Canfield Office, and has as its basis the Interim Soil Survey Report, Mahoning County, Ohio published March 1966. Appendix A is a cross reference of the letter symbols used in this regulation (which symbols will appear on the final Soil Survey Report, Mahoning County, Ohio), to the numerical symbols used in the Interim Report.
ARTICLE II
1.      These regulations shall not repeal, impair or modify private covenants or other public laws, except that it shall apply whenever it imposes stricter regulations; the soils groups are arranged in numerically inferior soil conditions and similarly, the more restrictive foundation requirements apply.
 
2.      The granting of a permit due to the designations, grouping, characteristics and special foundation requirements, shall not constitute a representation guarantee or warranty of the suitability of lands, practicability or safety of any structure, use or other plan proposed.
ARTICLE III
GROUP I    -    Relatively Favorable Soils
SECTION 1   -   Designation and Characteristics
1.      DESIGNATION:
MAPPING UNIT NAME
BbB   -   Bogart
CmB   -   Chili
BgC   -   Bogart
CmC   -   Chili
LdB - Loudonville
WsB   -   Wooster
ELC   -   Ellsworth
WcC2   -   Wooster
GfB   -   Glenford
CdB   -   Canfield
RsB   -   Rittman
CdC   -   Canfield
RsC   -   Rittman
 
RsC2   -   Rittman
 
2.      CHARACTERISTICS:
Light colored, moderately well drained soils, formed in clay loam and loam glacial till or sandy and gravely glacial outwash, slopes varying from 2 to 12 percent, most with perched water table during wet periods, a few with weak to firm fragipan, pH of 5.0 to 5.3, low to medium shrink-swell potential, medium bearing capacity, depth to bedrock generally in excess of six feet, except Loudonville (LdB).
 
Section 2 - Additional Foundation Requirements
 
1.   Any building which has a foundation (footer) elevation exceeding three feet in depth from original grade, shall have perimeter drainage facilities along the exterior face of the footer of that building or portion thereof, and provisions for draining water away from the foundation.
ARTICLE IV
GROUP II   -   Steep Soils
 
Section 1   -   Designation and Characteristics
 
1.      DESIGNATION:
MAPPING UNIT NAME
 
ELD2   - Ellsworth
MsE2   - Muskingam
ELE2   - Ellsworth
RsD2   - Rittman
MsD2   - Muskingam
WsD2   - Wooster
CnE - Chili & Conotton
2.   CHARACTERISTICS
 
Light colored, well drained soils, formed in clay loam glacial till, but with severe slopes, from 12 to 50 percent, low shrink-swell potential, and, in the case of Muskingam, shallow depth to bedrock, pH of 4.8 to 5.5, less than medium bearing capacity.
 
Section 2    -   Additional Foundation Requirements
1.   The same as provided in Section 2, Article III and, in addition,
2.   The owner must submit a topographic plan indicating the proposed construction and grading which will provide for positive surface drainage away from the building but in a fashion to minimize erosion, and shall be completed by the time of final inspection.
3.   The depth from finished grade to cellar floor elevation shall not exceed seven (7) feet.
ARTICLE V
GROUP III   -   Seasonally Wet Soils
 
Section 1.      Designation and Characteristics
 
1.      DESIGNATION:
MAPPING UNIT NAME
 
FcA - Fitchville
MgB - Mahoning
FcB - Fitchville
RaB - Ravenna
JtA - Jimtown
WaB - Wadsworth
JtB - Jimtown
WaA - Wadsworth
2.      CHARACTERISTICS
 
Light colored, somewhat poorly drained soils formed in load glacial till or silty-sandy and gravelly glacial outwash, slopes range from 0 to 16 percent, seasonally high water table and with some perched water table during winter and spring, low to medium shrink-swell potential, pH of 4.8 to 7.0 little more than poor bearing.
 
Section 2 - Additional Foundation Requirements:
   
1.      The same as provided in Section 2, Article III, and in Section 2, Article IV, with the following exception and in addition.
2.      The depth from finished grade to basement floor elevation shall not exceed five (5) feet.
3.      Minimum footer for two story masonry house to be 22 x 12 or 22 x 10 with two 5/8 inch round rods.
4.      Column support for floor girders shall not exceed twelve (12) feet; minimum column pads to be 3' - 9" x 3' 9" x 12" for single story and 4' -6" x 4' -6" x 12' for two story.
5.      Footing drain systems will be installed along the entire perimeter of the exterior and interior face of the footing, which systems will be interconnected at least once in each elevation view of the building by passing drain pipe through the footer. Where said pipe passes through the footer, the footer thickness shall be increased twelve inches on either side of pipe to provide not less than 4 inches of concrete above and below the drain pipe and two 24 inch by 2 inch bars shall be placed over the pipe. The footing drain tile shall be covered with porous granular material whose density shall be between 90 and 95 pounds per cubic foot, extending from the footer in not less than 15 inches width up to within 12 inches of finish grade. Not less than 75 percent of the requirement for porous backfill shall be installed prior to the foundation inspection. Provision must be made for draining footer drain water awary from the building by connecting with tight joint glazed tile, plastic or ribbed pipe.
 
 
ARTICLE VI
 
GROUP IV - West, Shrink-Swell Soils
 
Section 1 - Designation and Characteristics
 
1.      DESIGNATION
This group shall include all lands designated on the "Map" by the following graphic symbol:
MAPPING UNIT NAME
Ca - Candice
Fr - Frenchtown
Le - Lorain
Ly - Luray
Mn - Marengo
Od - Olmsted
TrA - Trumbull
TrB - Trumbull
GbB - Geesburg
GbC - Geesburg
GeC2 - Geesburg
GeD2 - Geesburg
ReA - Remsen
ReB - Remsen
RmB - Remsen - Urban
2.      CHARACTERISTICS
Light or dark colored, poorly drained soils with extremely high water tables during most or all of year formed in lucustrine deposits, clayey glacial till, or sandy or gravelly- glacial outwash 0 to 6 percent slopes, moderate to high shrink-swell potential, poor bearing pH of 5.0 to 7.0.
Section 2 - Additional Foundation Requirements
1.      The same as provided in Section 2, Article III, Section 2, Article IV, and Section 2, Article V and in addition.
 
2.      The depth from finished grade to cellar floor elevation shall not exceed five (5) feet.
 
3.      Foundation walls shall not be less than 10 inch block or 8 inch poured concrete.
 
4.      Any straight wall exceeding 12 feet in length shall have an 8 inch by 16 inch pilaster at midpoint. Such straight walls over 28 feet in length shall have pilasters installed so that the distance between pilasters, or pilasters and a corner shall not exceed 12 feet.
5.      Minimum footers shall be:
   a.      Thickness, 12 inches or 10 inches with two 5/8 inch round rods.
 
   b.      Width: 6 inch projection on each side of wall for basement less, frame and single story masonry; 10 inch projection on each side of wall for two-story masonry.
   c.      Pads for columns to be 50 x 50 x 12 inches for single story; 63 x 63 x 12 inches for two-story.
 
   d.      Under chimneys for residential building more than one story; thickness, twelve inches, projection at all sides, twelve inches.
ARTICLE VII
GROUP V - Restricted Soils
Section 1 - Designation and Characteristics
1.      DESIGNATION:
   MAPPING UNIT NAME
 
Lb    - Lobdell
StB - Stripmine
Or - Orville
StC - Stripmine
Pc - Papakating
ScC - Stripmine
We - Wayland
SsF - Stripmine
2.      CHARACTERISTICS
Sub group (a) are light or dark colored moderate to somewhat poorly drained soils in alluvium on flood plains, water table high during most of the year and SUBJECT TO FLOODING. Sub group (b) are all severely limited for use as home sites because of questionable consolidation with respect to bearing.
SECTION 2   -   LIMITATIONS
1.      Generally, buildings will not be permitted in sub-group (a) unless engineering facilities are provided such as dikes or levees which will protect the building, whose foundation has been designed to counteract the unsuitable bearing characteristics and the proposed use will not materially obstruct the movement of flood waters or substantially reduce the flood water storage capacity of the flood plain or generate sewage or other liquid wastes that are buoyant, flammable, explosive or could be otherwise injurious to human, animal, or plant life.
 
2.      Application to build on strip mine spoil, subgroup (b), will be accompanied by the report of a soil engineer outlining the recommended bearing capacity and type and size of foundation.
ARTICLE VIII
1.      It is recognized that the soil map is of such scale that the specified delineation between one soil group and another may vary in fact or that at the delineation, highly contrasting soils may comprise as much as 15 or 20 percent of the adjacent soil. Similarly, it is recognized that the use of certain materials and/or methods may make a foundation design, not conforming to the minimum standards, acceptable.
 
2.      The Zoning Inspector shall have full authority to place additional requirements, to modify, change or substitute materials or methods of construction in order to minimize the structural risks so noted in previous articles.
 
3.      A permit application whose construction plan does not meet the minimum foundation requirements of this regulation may:
   a)      Incorporate in the construction plans accepted methods of construction and/or accepted materials whose use will structurally meet the added requirements, or
 
   b)      Petition the Board of Zoning Appeals the decision of the Zoning Inspector, or for a variance or a conditional use. Said Board may request the Soil Conservation Service to conduct an immediate onsite soil inspection for the purpose of determining the specific soil type and subsequent group, or insist that a sub-surface soil investigation be conducted by a Registered Soil Engineer to determine the soil bearing capacity, its stability and drainage characteristics.
SOIL GROUPS - APPENDIX A
SOIL GROUP I

Letter Symbol
Mapping Unit Name

Numerical Symbol
BgB
Bogart
3235 B-1, 323 B-1
BgC
Bogart
3235 C-2
CmB
Chili
3255 B-1
CmC
Chili
3253 C-1, 3255 C-1
3255 C-1
LdB
Loudonville
744 B-1, 743 B-1
LdC2
Loudonville
7435 C-1 7435 C-2
743 C-1, 744 C-2
WsB
Wooster
714 B-2
WsC2
Wooster
714 C-1, 714 C-2
CdB
Canfield
713 B-1, 713 B-2
CdC
Canfield
713 C-1, 713 C-2,
713 C-0
ELC
Ellsworth
713 C-1
GfB
Glenford
733 B-1
RsB
Rittman
733 B-1, 733 B-0
733 B-2
RsC
Rittman
733 C-1
RsC2   
Rittman
733 C-2, 733 C-0
 
SOIL GROUP II

Letter Symbol
Mapping Unit Name

Numerical Symbol
ELD2
Ellsworth
713 D-1
ELE2
Ellsworth
713 E-2
MsD2
Muskingam
406 D-2
MsE2
Muskingam
406 E-1
RsD2
Rittman
733 D-2, 733 D-0
WsD2
Wooster
714 D-2
CnE
Chili & Conotten
3155 E-2
 
SOIL GROUP III
FcA
Fitchville
332 A-1
FcB
Fitchville
332 B-1, 332 B-0
JtA
Jimtown
3225 A-1
JtB
Jimtown
3225 B-1
MgB
Mahoning
712 B-1
RaB
Ravenna
712 B-1
WaB
Wadsworth
732 B-1, 732 B-0
WaA
Wadsworth
732 A-1
 
SOIL GROUP IV
Ca
Canadice
971 A-0, 9716 A-1
Fr
Frenchtown
711 A-1, 711 B-1
731 A-1, 731 B-1
Le
Lorain
7076 A-0, 7086 A-0
9786 A-0, 9789 A-0
Ls
Luray
337 A-0
Ly
Luray
3336 A-0
Mn
Marengo
7386 A-0
Od
Olmstead
328 A-0
Sb
Sebring
331 A-1, 331 B-1
331 A-0
TrA
Trumbull
701 A-1, 7x1, A-1
TrB
Trumbull
701 B-1
GbB
Geeburg
703 B-1, 703 B-0
GeC2
Geeburg
703 C-2, 703 C-0
GeD2
Geeburg
703 D-2
ReA
Remsen
702 A-1
ReB
Remsen
702 B-0, 702 B-1
RmB
Remsen
 
SOIL GROUP V

Letter Symbol
Mapping Unit Name

Numerical Symbol
Lb
Lobdell
123 A-0, 1235 A-0
Or
Orville
122 A-0
Pc
Papakating
1286 A-0, 1289 A-0
128 A-0
We
Wayland
121 A-0, 1216 A-0
StB
Stripmine
Dg 71 B
StC
Stripmine
Dg 71 C
ScC
Stripmine
Dg 40 D
SsF
Stripmine
Dg 40 F
 
 

APPENDIX B FOUNDATIONS

 
FOUNDATION SPECIFICATIONS
For Canfield Village Soil Types
GROUP NO. 1
(FAVORABLE SOILS) SLOPE 2 - 12%
Light color, moderately well drained soils, clay loam, sandy and gravelly glacial out wash, low medium shrink-swell, medium bearing depth to bed rock in excess of 6' - 0".
TYPE OF FOUNDATION
Minimum Code Requirements are:
Basement foundation walls shall use a minimum 10" block, crawl spaces and unexcavated areas must use a minimum 8" block.
Basement foundation walls shall have wall ties located every third course.
8" x 16" pilasters shall be located at 12' - 0" centers.
Footers for 8" block walls are 24" x 10" with two-5/8" rods and for 10" blocks walls are 26" x 10" with two-5/8" rods.
Foundation to be pargetted and W.P. painted.
Column pads - one story house 45" x 45" x 12" for two-story house 54" x 54" x 12" all pads maximum spacing 12" - 0". Chimney footers to be 12" projection on all sides.
All basement and crawl space foundations shall have complete footer drainage inside and outside of footer. Outside footer tile shall be backfilled with a porous material 18" wide from the tile to within 12" of finish grade.
Positive surface drainage must be achieved at all times from the building to meet existing grade.
Precast, insulated foundation systems shall be constructed with the footer requirements listed above. Wall thickness specifications must be included in a certified design by a registered professional engineer in the State of Ohio.
GROUP NO. II
(STEEP SOIL) SEVERE SLOPES 12 - 50%
Light color, well drained soils, clay loamed, formed glacial till, severe slope, slow shrink-swell potential, less than minimum bearing capacity.
 
TYPE OF FOUNDATION
 
Minimum Code Requirements are:
Basement foundation walls shall use as a minimum 10" block, crawl spaces and unexcavated areas must use as a minimum 8" block.
Basement foundation walls shall have wall ties located every third course.
8" x 16" pilasters shall be located at 12' - 0" centers.
Footers for 8" block walls are 24" x 10" with two-5/8" rods and for 10" blocks walls are 26" x 10" with two-5/8" rods.
Foundation to be pargetted and W.P. painted.
Maximum depth of basement from finish grade 7' - 0".
Column pads - one story house 45" x 45" x 12" for two-story house 54" x 54" x 12" all pads maximum spacing 12" - 0". Chimney footers to be 12" projection on all sides.
All basement and crawl space foundations shall have complete footer drainage inside and outside of footer. Outside footer tile shall be backfilled with a porous material 18" wide from the tile to within 12" of finish grade.
Positive surface drainage must be achieved at all times from the building to meet existing grade.
Precast, insulated foundation systems shall be constructed with the footer requirements listed above. Wall thickness specifications must be included in a certified design by a registered professional engineer in the State of Ohio.
GROUP NO. III
(SEASONALLY WET SOIL) SLOPE 0 - 6%
 
Light colored, poorly drained soil formed in loam glacial till or silty, sandy and gravelly glacial out-wash, seasonally highwater table, with perched water table during winter and spring, low to medium shrink-swell potential, little more than poor bearing.
 
TYPE OF FOUNDATION
 
Minimum Code requirements are:
Basement foundation walls shall use as minimum 10" block, crawl spaces and unexcavated areas must use as a minimum 8" block.
Basement foundation walls shall have wall ties located every third course.
   8" x 16" pilasters shall be located at 12' - 0" centers.
Foundation to be pargetted and W.P. painted.
Footers for one story house 26" x 10", with two-5/8" rods, for two story houses, footers are 26" x 10" with two-5/8" round rods.
Column pads - one story house 45" x 45" X 12" for two-story house 54" x 54" x 12" all pads maximum spacing 12" - 0". Chimney footers to be 12" projection on all sides.
All basement and crawl space foundations shall have complete footer drainage inside and outside of footer. Outside footer tile shall be backfilled with a porous material 18" wide from the tile to within 12" of finish grade.
Positive surface drainage must be achieved at all times from the building to meet existing grade.
Precast, insulated foundation systems shall be constructed with the footer requirements listed above. Wall thickness specifications must be included in a certified design by a registered professional engineer in the State of Ohio.
GROUP NO. IV
(WET SHRINK-SWELL SOILS) SLOPE 0 - 6%
 
Light or dark colored, poorly drained soils, extremely high water tables most all year formed in lucustrine deposits, clayey glacial till, sandy and gravelly glacial outwash, moderate to high shrink-swell potential, poor bearing.
 
TYPE OF FOUNDATION
Minimum Code requirements are:
Basement foundation walls shall use as a minimum 10" block, crawl spaces and unexcavated areas must use as a minimum 8" block.
Basement foundation walls shall have wall ties located every third course.
8" x 16" pilasters shall be located at 12' - 0" centers.
   Foundation to be pargetted and W.P. painted.
Footers for one story house, slab, crawl space or basement not exceeding 5'0" depth for frame or brick veneer type to be 26" x 10" with two-5/8" rods, for two story houses frame or brick veneer with basement to be 30" x 10" with two-5/8" round rods.
Column pads for one story house 50" x 50" x 12", for two story houses 63" x 63" x 12". All pads maximum spacing 12'. Chimney footers to be 12" projection on all sides.
All basement and crawl space foundations shall have complete footer drainage inside and outside of footer. Outside footer tile shall be backfilled with a porous material 18" wide from the tile to within 12" of finish grade.
Positive surface drainage must be achieved at all times from the building to meet existing grade.
Additional safety factor for foundation walls below 5' - 0" depths is to place Dur-O-Wall reinforcing at every third course (3 rows) with rodded walls.
Precast, insulated foundation systems shall be constructed with the footer requirements listed above.
ALTERNATE TYPE FOUNDATIONS:
8" Concrete poured foundation, keyed to footer with 2 5/8" round rods below the window openings around perimeter of foundation.
Poured foundations to be W.P. painted as required.
NOTE: Foundations exceeding 5' - 0" depth, concrete poured walls to have two rows of 5/8" round rods, two located about 3' - 0" above footer and 2 5/8" round rods located below window opening.
Block walls 8" or 10" type to have two rods of channel blocks with 2 5/8" round rods around perimeter of foundation at 5th course and top course grouted in place..... pilasters not over 12' - 0: spacing. Also foundation of 10-block walls and pilasters not over 12' - 0 spacing with all pilasters rodded with 2 - 5/8 round rods vertically or walls between pilasters rodded at center with 2 - 5/8 round rods.
Additional safety factor for foundation walls below 5' - 0 depths is to place Dur-O-Wall reinforcing at every third course (3 rows) with rodded walls.
(Ord. 2008-17. Passed 7-9-08.)
GROUP NO. V
(RESTRICTED SOIL)
 
   (a)   Light to dark colored, moderate to poorly drained soils in alluvium on flood plains, water table high most of year and subject to flooding.
 
   (b)   Severely limited for home site, questionable ground bearing for foundation.
 
LIMITATIONS
 
   Building any structure is not permitted in a designated 100-year flood plain. The elevation of the 100-year flood plain must be provided and certified by a State of Ohio registered professional engineer. The owner must provide a certified foundation design drawing by a State of Ohio registered professional engineer for building foundations outside of the 100-year flood plain for groups (a) and (b) above. To build on strip mine soil sub grade (b), bearing capacity tests and recommendations for type foundations are required, and shall be provided by State of Ohio registered professional engineer.
 

APPENDIX C TYPICAL ROADWAY SECTIONS

(See drawings attached to Ordinance 2001-13 and 2002-18)

APPENDIX D DRAINAGE CRITERIA

Minimum Requirements
A.   Storm Sewers (Type B & C Conduits)
1.      Design Frequency (Just Full) 10 Year.
2.      Hydraulic Gradient Shall Not Exceed:
      a.    12 inches below grade of pavement for 25 year frequency storm.
 
      b.   Catch basin grate or lip of inlet for 25 year frequency storm.
   3.      Method used to estimate peak or design discharge, AQ@ RATIONAL OR OTHER APPLICABLE METHODS.
 
   4.      Determine time to first catch basin or pavement inlet BY OVERLAND FLOW TIME PLUS PAVEMENT FLOW TIME
5.      Minimum Time To:
a.   First ditch catch basin 15 minutes.
b.   First pavement inlet or catch basin 10 minutes.
6.      Minimum Cover Over Sewers:
a.   Reinforced or extra strength pipe
I.   Type B conduit (under pavement and paved shoulders) 9"
II.   Type C conduit (beyond pavement and paved shoulders) 18"
B.      Roadway Ditches
1.      Method used to estimate peak or design discharge:
a.   Rational method or other applicable methods.
2.      Design frequency to determine:
a.   Depth of flow and protection (where required) 10 year.
b.   Velocity determination 5 year
3.      How estimate time of flow to ditch: OVERLAND FLOW PLUS DITCH FLOW TIME
4.      Allowable velocities for:
a.   Seeded line 2 F.P.S.
b.   Sod, jute or other temporary lining 4 F.P.S.
5.      Ditch Configuration:
a.   Roadway min. depth 12"
b.   Toe of embankment min. depth 12"
6.      Type of ditch catch basin:
a.   Shall conform to Standard Construction Drawings.
      7.      Minimum longitudinal slope of ditches in cut sections:
a.    0.40% desirable minimum
b.    0.24% absolute minimum
8.      Minimum width of ditch lining:
a.   Sod 6'
b.   Temporary 7.5'
C.      Drainage for curbed pavements
1.      Controls for determination of inlet or catch basin spacing:
a.   Design frequency using rational method 2 year
b.   How to determine time to first inlet or catch basin:
1.      10 minutes minimum
2.      Overland flow plus pavement flow times
c.   Maximum spread of flow into traveled lane 8' feet
d.   Maximum depth of flow at curb 5 inches.
2.      Type of inlet or catch basin proposed for:
a.   Continuous grades: CB-3A or I-2A-6 preferred.
b.   Sags: CB-3, preferred.
3.      Inlet lip of curb opening inlet will be depressed .2 inches below normal gutter
A local depression of 0.5 inches will be used to determine spacing of combination grate and curb opening catch basins.
See Drawings Attached to Ordinance 2001-13

APPENDIX E MISCELLANEOUS

See Drawings Attached to Ordinance 2001-13
   MEMORANDUM OF UNDERSTANDING
   Between The
   MAHONING SOIL AND WATER CONSERVATION DISTRICT
   And The
   CITY OF CANFIELD, MAHONING COUNTY, OHIO
This Memorandum of Understanding is between the Mahoning Soil and Water Conservation District, State of Ohio, hereinafter called the District and the City of Canfield, hereinafter called the City.
Recognizing the need for close working relationships in carrying out the responsibilities for which each is charged the City and the District enter into this Memorandum of Understanding as the foundation for a cooperative working relationship. Such cooperation allows joint effort in the solution of problems relating to the planning and development of resources in the City.
WHAT THE DISTRICT WILL DO - The District will make technical assistance, as set forth below, will be provided by the District, within limitations of budget, availability of personnel, and in accordance with established policies.
The District will:
1. Provide and interpret soil survey data.
2. Review and comment on Erosion Control Plans for developing areas as provided in Sec. 302.2, Erosion Control, Canfield Subdivision Regulation, Current Edition.
3. Review and comment on storm water management on developing areas.
4. Assist the City, developers, and consultants in use and interpretation of Soil Conservation Service technical data.
WHAT THE CITY WILL DO -
The City will:
1. Observe principles of sound soil and water conservation giving consideration tot he need for sediment control and stormwater management.
2. Consult with the Supervisors of the District in the development of future plans concerning long range development for the City. Use the information and services made available by the District in preparing plans.
3. Refer to the District proposed development projects for review and comment as provided in the subdivision regulations.
4. Be responsible for the adoption of those recommendations made by the District which area acceptable to the board and in compliance with their ordinance.
5. Furnish field surveys, proposed layouts, designs or additional field data needed for adequate review of proposed developments.
OPERATING PROCEDURE:
1. The developer shall provide to the District at least one copy of the proposed sediment control and stormwater management plan, including any applicable standards and specifications, and design data.
2. The plan will be provided at least 10 working days prior to the Planning Commission review date.
3. Comments made by the District will be returned to the City and the developer.
IT IS FURTHER UNDERSTOOD
1. The U.S. Soil Conservation Service, Field Office Technical Guide, Engineering Field Manual, and other guides will be the basis of all recommendations.
2. Plans, and technical data needed for adequate review of developing areas will be provided to the District by the developer.
MAHONING SOIL AND WATER
CONSERVATION DISTRICT
 
 
BY ______________________________________
Chairman, Board of Supervisors
 
 
DATE ___________________________________
 
CITY OF CANFIELD
 
BY _______________________________________
City of Canfield
Charles H. Tieche, City Manager
 
DATE:___________________________________
 
SUBDIVIDER’S AGREEMENT
WITH 100% SURETY BOND OR
IRREVOCABLE SPECIAL LETTER OF CREDIT
 
THIS AGREEMENT is dated as of                                                   day of             in the year 20      by and between the City of Canfield (hereinafter called CITY) and ___________________________________________________ .
(hereinafter called DEVELOPER)
CITY and DEVELOPER, in consideration of the mutual covenants hereinafter set forth, agree as follows:
Article 1.   Work
DEVELOPER shall complete all work as specified or indicated in the Contract Documents. The Work to be done is in the Subdivision, as shown in the construction drawings numbered                           to                   . The work shall include all necessary soil and erosion control measures as required by the City.
Article 2.   ENGINEER
The Project has been reviewed by who is hereinafter called ENGINEER and who is to act as CITY=s representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents.
Article 3.   CONTRACT TIME AND DEFAULT
3.1   The Work will be substantially completed on or before                        , 20             , and ready for final acceptance on or before                                      , 20             .
3.2   If the DEVELOPER fails to complete the project, then the City has the right to complete any and/or all necessary work required for the completion of the proposed improvements.
 
3.3   The Surety Bond or Letter of Credit shall not exceed a period of two (2) years unless mutually extended in writing by the Developer and the City of Canfield.
 
Article 4.   CONTRACT PRICE
The DEVELOPER shall post a Subdivision Bond or Letter of Credit, in the amount of
                                                                                                                          Dollars
($                                       ) which is one hundred percent of the total estimated construction costs    of the required improvements.
DEVELOPER shall pay CITY a fee to cover the ENGINEER=s cost of inspection of all improvements in the subdivision. The DEVELOPER has provided a minimum deposit with the Treasurer or Finance Director which will be placed in an escrow account. The amount for such inspections are:
1)      For all sanitary sewer improvements:
                                            dollars ($                                      )
2)      For all other improvements:
                                            dollars ($                                      )
Article 5.   PAYMENT PROCEDURES
The cost and expense of such inspection made by the ENGINEER shall be paid from such deposit upon itemized bills rendered. In the case of such expenditures exceeding such deposit, the excess shall be invoiced to the DEVELOPER for payment. In the case of such deposit exceeding said expenditures, the balance will be refunded to the DEVELOPER within a reasonable time after the completion of such inspection.
100% SURETY BOND OR LETTER OF CREDIT
Article 6.   CONTRACTOR’S REPRESENTATIONS
In order to induce the CITY to enter into this Agreement DEVELOPER makes the following representations:
6.1      DEVELOPER has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions, laws, regulations and ordinances that in any manner may affect cost, progress, performance or furnishing of the Work and acknowledges their validity for itself and on behalf of its guarantors and obligors pursuant to Article 4, herein, and waives hereby assertion of claims contrary to this acknowledgment.
6.2      DEVELOPER has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which he has identified.
6.3      DEVELOPER has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as DEVELOPER considers necessary for the performance or furnishing of the Work within the Contract Time.
6.4      DEVELOPER has reviewed and checked all information and data shown or indicated on the Construction Drawings with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities.
Article 7.   CONTRACT DOCUMENTS
The Contract Documents which comprise the entire agreement between the CITY and DEVELOPER concerning the Work consists of the following:
7.1      This Agreement (Pages 1 to                , inclusive)
7.2      Exhibits to this Agreement (Pages                to                , inclusive).
   7.3   Specifications bearing the title                                     and consisting of                   divisions and                   pages, as listed in the table of contents thereof.
   7.4   Drawings, consisting of a cover sheet and sheets numbered through            , inclusive with each sheet bearing the following general title:
   7.5   Addenda numbers                    to                     , inclusive.
There are no Contract Documents other than those listed above in this Article 7.
Article 8.   MISCELLANEOUS
   8.1      No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.
   8.2      CITY and DEVELOPER each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents.
Article 9.      OTHER PROVISIONS
IN WITNESS WHEREOF, CITY and DEVELOPER have signed this Agreement in triplicate. One counterpart each has been delivered to CITY, DEVELOPER, and ENGINEER. All portions of the Contract Documents have been signed or identified by CITY and DEVELOPER or by ENGINEER on their behalf.
 
This Agreement will be effective on                             , 20                      .
 
CITY                                      DEVELOPER                                   
 
                                                                                                   
 
BY:                                      BY:                                                 
   (Corporate Seal)            (Corporate Seal)
 
Attest:                                    Attest:                                            
 
Address for giving notices         Address for giving notices
 
                                                                                                  
                                                                                                  
 
               License No.                                       
 
               Agent for service of process                  
                                                                     
 
               (If DEVELOPER is a corporation, attach
                evidence of authority to sign).

APPENDIX F CITY OF CANFIELD, OHIO WATER DEPARTMENT SPECIFICATIONS

1.      These specifications set forth the standards required by the City of Canfield Water Department for improvements, repairs, and extensions of its water distribution and ancillary facilities. These specifications are supplemental to ODOT Construction and Materials Specifications (ODOT CMS) (Latest Edition). Where these specifications are silent, ODOT CMS shall govern. If there is a conflict between the City specifications and ODOT CMS, the City specifications shall govern.
2.      Where standards are identified within these specifications, those standards shall mean the latest edition of those standards. AWWA Standards shall mean those standards as set forth by the American Water Works Association.
3.      Deviation from these specifications will not be permitted without the express, written authorization from the City of Canfield Water Department.
4.      All waterlines shall be ductile iron pipe manufactured in conformance with AWWA C150 and AWWA C151. The City of Canfield Water Department reserves the right, in its sole discretion, to approve the use of AWWA C900 PVC pipe.
5.      PVC water mains require a tracer wire on top of the PVC pipe with the tracer wire connected to all valves, fittings and fire hydrants.
6.      All waterlines shall be installed with 6" wide marking tape laid on top of the waterline within the trench at a depth no more than 24" deep or as recommended by the manufacturer.
7.      Ductile iron pipe shall be Thickness Class 52. C900 PVC, if approved, shall be DR 18.
8.      Ductile iron pipe shall be cement-mortar lined in accordance with AWWA C104.
9.      Pipe joints shall be push-on joints, and shall be jointed by the use of a rubber ring gasket inserted in the bell end.
10.   Ductile iron pipe shall be polyethylene encased in conformance with AWWA C105
11.   All waterline fittings shall be ductile iron in conformance with AWWA C153.
12.   Plugs, caps, tees, hydrants, elbows, and bends shall be provided with thrust blocking in conformance with ODOT Item 638. Fittings shall also have mechanical restraining devices installed such as EBAA Megalug systems or equal.
13.   Installation practices shall be in conformance with AWWA C600.
14.   All waterlines shall be installed to maintain a minimum depth to the top of pipe of four (4) feet. All waterline and appurtenances shall be installed with a trench depth to allow for a minimum of six (6) inches of sand (ODOT 703.06) below the bottom of pipe. Sand bedding shall continue to a minimum of twelve (12) inches above the top of pipe. Trench width shall be pipe outside diameter plus two (2) feet.
15.   Backfill on top of sand bedding within five (5) feet of pavement edges shall require compacted Type 1 structural backfill (ODOT 703.11) using ODOT 304. Slag shall not be permitted. Suitable approved compacted excavated material will be permitted in grass areas above the sand bedding.
16.   All mainline and fire hydrant watch valves four (4) inches through twelve (12) inches shall be resilient seated gate valves in conformance with AWWA C515.
17.   Mainline valves greater than twelve (12) inches shall be rubber seated gate valves in conformance with AWWA C5 l 5, unless otherwise approved by the City of Canfield Water Department.
18.   All valve interiors shall be provided with an epoxy coating conforming to NSF/ANSI 61.
19.   All valves shall open to the left/close to the right and shall be provided with a two (2) inch square operating nut with arrow cast to indicate direction of operation.
20.   Fire hydrants shall comply with AWWA C502 and shall be American Darling B-62-B, Mueller Super Centurion A-424, or Clow Medallion model unless otherwise approved by the City of Canfield Water Department. Threads shall be as required by the Cardinal Joint Fire District. Fire hydrants shall be 5 ¼" barrel, stainless steel upper and lower stem and bronze bottom plate, oil filled lubrication type, and color shall be safety yellow.
21.   Corporation stops shall be Mueller Products Part Number H-15000 or approved equal. Upon payment of necessary fees and issuance of permit, taps will be performed by the City water department or by City approved tapping contractors.
22.   Curb stops shall be one-quarter (1/4) turn with check and solid tee head. Curb stops shall be Mueller Oriseal, A.Y. McDonald, or approved equal, meeting AWWA C800.
23.   Service lines between the corporation stop and curb stop shall be Type K copper. Service lines after the curb stop shall also be type K copper to the water meter.
24.   When new development occurs, all far side parcels shall have their service line installed from the waterline to the far side curb stop by the property owner/developer. For the purposes of the City specifications, the far side refers to parcels located on the side of the street opposite of the main waterline installation.
25.   Curb boxes shall be Buffalo Pattern 95E
26.   Disinfection of waterlines shall conform to AWWA C651 and as approved or required by the City of Canfield Water Department.
27.   Water lines shall be located out of roadway pavements, to the greatest extent possible. Preferred location of all waterlines shall be a minimum of ten (10) feet inside the right- of-way line of all streets. The City reserves the right to require jack and bore casing to eliminate open-cut crossings of City streets. Waterlines shall be located a minimum of ten (10) feet from all sanitary and storm sewer lines and shall cross at an elevation of no less than eighteen (18) inches vertically from said sewer, with preference to be above the sewer. The City reserves the sole right to permit deviation from these requirements, on a case-by-case basis.
28.   Fire hydrants shall be located in the middle of residential lots and shall be generally spaced from 350 to 600 feet, depending on the area being served.
29.   Mainline valves should be located at no more than 500 foot intervals in commercial districts and at no more than one block or 800 foot intervals in residential areas.
30.   Waterlines shall be installed so as to eliminate dead ends whenever practical. Approval of dead ends is at the sole discretion of the City. Blow-off settings, as a means of flushing, shall not be acceptable. Flushing shall only be accomplished by means of a fire hydrant.
31.   Pressure testing shall be required to withstand two (2) times the operating pressure and shall conform to AWWA C600.
32.   The City of Canfield Water Department shall be notified a minimum of 48 hours in advance at 330-533-3315 prior to beginning any construction affecting the City of Canfield water distribution system.
33.   The City of Canfield reserves the right to alter or add to these requirements in the best interests of the City of Canfield water distribution system.
      (Ord. 2021-21. Passed 4-21-21.)

APPENDIX G TRAFFIC IMPACT STUDY STANDARDS

I.   Purpose
   The primary objectives of a Traffic Impact Study (TIS) are the following:
   •   Provide a basis for assessing the transportation impacts of a new development or expansion of an existing development and the need for any improvements to the adjacent road system to provide satisfactory levels of service and address safety issues.
   •   Address relevant transportation issues associated with development proposals that may be of concern to neighboring residents, businesses, and property owners.
   •   Determine the appropriate location, spacing, and design of the access system for the proposed development in compliance with City standards
   •   Evaluate the internal circulation and connectivity of the proposed development to provide safe and efficient internal traffic flow and access(es) to and from the adjacent and nearby roadway system
   •   Provide a basis for improvement and funding discussions in conjunction with zoning, special permit, and subdivision plat approvals
II.   Traffic Impact Study Warrants
A Traffic Impact Study (TIS) shall be submitted when a new development or expansion of an existing development generates at least 100 trip ends during the peak hour of the land use or the peak hour of the roadway. These trip ends are to be calculated using the latest Institute of Traffic Engineers (ITE) trip generation methodology and definitions. If the proposed development is to be implemented in phases, each major phase along with the total development trips shall be calculated for warrant purposes.
The City of Canfield retains the right to request a TIS or other traffic study for a non-major development (less than 100 trip ends during the peak hour of the land use or roadway). Such a request shall be made within 30 days of the receipt by the City of the developer's application for rezoning, zoning variance, special permit, or preliminary subdivision plat.
For any development that generates less than 100 peak hour trip ends and requests a new access point on a collector or arterial roadway (refer to ODOT TIMS website for functional classifications), a Traffic Access Study will be required. See Section VII for Traffic Access Study requirements.
The City shall be consulted to determine if a revised or new traffic impact study is required where development plans change significantly between the time that one rezoning, zoning variance, special permit, or preliminary subdivision plat approval is granted and another is sought.
III.   TIS Preparer Qualifications
Engineers with specific training in traffic and transportation engineering shall prepare traffic impact studies under the supervision of a professional engineer registered in the State of Ohio. The registered professional engineer shall have experience in traffic engineering and shall sign and seal the report.
IV.   Pre-Meeting
Prior to commencing the TIS, the preparer shall schedule a meeting with appropriate city or county staff. Other participants in this pre-meeting shall be county or township officials, or ODOT staff, where deemed appropriate by the City of Canfield personnel. The participants at the pre-meeting shall identify and agree upon the following issues and needs prior to the preparation of the traffic impact study:
   Study Area
   Opening and Design Year
   Field data collection requirements
   Acceptable volume, crash, signal and other traffic data
   Development phasing, if applicable
   Peak traffic hours (analysis hours)
   Trip generation, trip distribution and assignment methods
   Applicable planning documents
   Other traffic impact studies prepared for developments in the study area
   Utilization of Eastgate COG Regional Transportation Model
   Background traffic and growth factors
   Acceptable Level-of-Service (LOS) Analyses - i.e., capacity, signal warrant
   Right turn on red discount factors
   Safety issues - i.e., sight distance and crash data
   Committed and planned roadway improvements and schedule
   TIS submittal date
The preparer shall submit a memorandum of understanding (MOU) which details the assumptions and methodologies agreed upon in the pre-meeting and request City staff concurrence with its contents. The MOU should be submitted to the City within one week after the meeting and approved within one additional week.
V.   Requirements
   A.   Study Area
The minimum geographical area to be analyzed in a TIS shall be defined as an area which includes all site access drives and the major roadway intersections nearest to the subject development site. The City of Canfield retain the right to modify the minimum study area based on local or site-specific issues or development size. Any changes shall be clearly defined at the pre-meeting and in the MOU.
   B.   Access Management
Unless otherwise justified, the recommendations made in the TIS shall comply with the driveway spacing shown in Table 1:
Table 1: Driveway Spacing Standards
 
Posted Speed
Minimum Driveway Spacing
25 mph
155'
30 mph
200'
35 mph
250'
40 mph
305'
45 mph
360'
50 mph
425'
   C.   Analysis Years
Traffic impact studies are to address traffic conditions ten years beyond the anticipated completion year of the proposed development assuming full build-out and occupancy (Design Year). If the proposed development is to be implemented in phases, it may be appropriate also to analyze each major phase (i.e. an initial phase, one intermediate phase, and full project build-out). An Opening Year analysis may be requested at the discretion of the City.
   D.   Data Collection/Existing Conditions
The TIS shall use traffic count data less than two years old unless otherwise agreed upon during the pre-meeting. Weekday peak hour counts shall be taken for two hours in the AM peak period and two hours in the PM peak period. If a previous study in the area has already identified the peak one-hour intervals of traffic, then the City may allow for only one hour of count data to be collected for each peak period. Traffic counts should not:
         •   be conducted on a regular weekday (non-holiday, or day before/after holiday)
         •   be conducted during adverse weather that would affect volumes and/or traffic patterns, and
         •   be conducted during a regular school day, if during the school year
Crash patterns shall be summarized in the traffic impact study. Crash analysis should be performed using crash data from at least the most recent three full years. ODOT's TIMS - GCAT tool should be utilized to pull crash data within the study area.
   E.   No-Build/Build
The TIS shall examine "before and after", or No-Build and Build, conditions in order to evaluate traffic impacts associated with the proposed development. The No-Build condition will include committed/planned developments in the area (see Section H, Non-site Traffic)
The No-Build condition No-Build and Build conditions shall be calculated for the design year using the latest version of Highway Capacity Software (HCS) or Synchro. If the proposed development is to be implemented in phases, each major phase shall be analyzed and the conditions noted in the MOU.
   F.   Analysis Time Period
All analyses shall examine the weekday peak traffic hours of the adjacent roadway. However, land use classifications which experience their highest trip generation levels during periods other than weekday street peak hours shall require analyses of off-peak conditions to determine proper site access and turn lane storage requirements. Examples of such land uses include but are not limited to shopping centers, recreational uses, and special events. The peak traffic hours to be analyzed shall be decided at the pre-meeting and be clearly stated in the MOU.
   G.   Site Traffic
Trips generated by the proposed site development shall be calculated using the most current edition of the Institute of Transportation Engineers Trip Generation manual and the methodologies contained therein including those relating to pass-by, internal and diverted trips.
Distribution and assignment of the site traffic shall be based on the method agreed upon at the pre-meeting and on engineering judgement and take into account the following:
         •   type of proposed development and the area from which it will attract traffic
         •   size of the proposed development
         •   surrounding land uses, employment centers, residential centers and population during both opening and design years
         •   conditions on the surrounding street system
         •   logical routings
         •   projected roadway capacities
         •   travel times
   H.   Non-site Traffic
All significant developments within the study area that have approved or TIS studies should be identified and incorporated into the study. The land use type and magnitude of probable future developments should be identified during the pre-meeting and enumerated in the MOU.
The method of projecting non-site traffic shall depend upon the area of study. Use of the traffic volumes from the transportation model, historic growth rates, or the build-up method shall be agreed upon during the pre-meeting and documented in the MOU.
The non-site peak hour volumes should be increased by a 1.20 factor to reflect design hourly volume (DHV) conditions.
   I.   Level-of-Service (LOS) Criteria
The goal of the City of Canfield for the operation of its roadways is LOS D or better during peak traffic hours. In any area where the current level of service is D or worse, this baseline level of service must be maintained or improved after development.
Improvements necessary to accommodate the non-site traffic in the design year at LOS D shall be determined even though the developer may not be required to undertake these improvements.
Signalized intersection capacity analyses must be "balanced". A "balanced" intersection is one where the worst delay on the north/south approach is within 3 seconds of the worst delay on the east/west approach. If individual movements are operating at much higher delays than the approaches, the timing shall be rebalanced, or modifications to the signal phasing will be needed.
Capacity analyses shall use a minimum green time of 7 seconds for left turn phases, 10 seconds for minor-street through movements, and 20 seconds for major-street through movements. The sum of yellow and all-red times shall be at least 5 seconds per phase. Cycle lengths and clearance interval timings shall be at consistent between No-Build and Build conditions.
   J.   Mitigation
Recommendations shall be made in the TIS for site access points, external roadway improvements such as additional through lanes and turn lanes, and traffic control devices necessitated as a result of the proposed development. The developer will be required to mitigate the impacts of traffic generated by the project. The time period for the recommended improvements shall be identified, particularly if improvements are associated with various phases of the development. Identified improvements to the roadway system, unrelated to the proposed development, shall also be reported.
   K.   Traffic Signal Warrant
Traffic signal warrant analyses shall be conducted at unsignalized intersections in the study area, as well as all access points to the proposed development expected to have more than 50 exiting left turns in the peak hour. A full signal warrant analysis and an estimation of the year the warrant is met shall be done. Traffic signal warrant analyses should be performed using the procedure outlined in the ODOT Traffic Engineering Manual. However, it is not required to use the software PC Warrants.
Any proposed access or intersection which meets signal warrant thresholds but does not otherwise meet the spacing requirements and standards noted in Table 1 may be required to be redesigned, reconstructed, and/or relocated.
All existing traffic signals located within the Study Area shall have their signal timing evaluated. Recommendations shall be made in the TIS to mitigate any changes, such as timing changes, required for the existing traffic signal that are generated by the project. Please refer to Section J, Mitigation for further information.
   L.   Turn Lane Criteria
A left turn lane at driveways or unsignalized movements at intersections should be provided per Graph 1, 2, or 3, which are the left turn lane warrant charts contained in the ODOT State Highway Access Management Manual. Graphs 1, 2 and 3 are contained in the Appendix.
The size of left turn lanes shall be based the criteria contained in the ODOT Location and Design Manual.
Right turn lanes should be provided per Graphs 4, 5, 6 or 7, which are the right turn lane warrant charts contained in the ODOT State Highway Access Management Manual with the following exceptions:
         •   right turn lanes are not required for right turn volumes less than 10 vehicles during the peak hour for full build out of the development
         •   right turn lanes are not required for less than 200 vehicles in the peak hour in the approach lane or curb lane for roadways with greater than 1 approach lane for full build out of the development.
            Graphs 4, 5, 6 and 7 are contained in the Appendix.
The size of right turn lanes shall be based the criteria contained in the ODOT Location and Design Manual.
Left or right turn lanes shall also be provided when deemed necessary for safety purposes by the City.
VI.   Report Contents
Each TIS shall have, along with the body of the report, the following unless a letter report is agreed upon at the pre-meeting:
   •   Cover - noting the name and location of the development, the applicant's name, preparer's name, preparer's engineering registration seal and report date.
   •   Table of Contents
   •   List of Exhibits and Tables
   •   Executive Summary
   •   Summary of Revisions/Response to Comments (for revised reports)
   •   Body of Report
          Proposed Site Development
          Area Conditions
          Existing Traffic
          Trip Generation and Distribution
          Site Traffic
          Total Traffic - Opening Year and Design Year
          Traffic Analyses
             Capacity Analyses
             Signal Warrant Analyses
             Turn Lane Warrant Analyses
             Sight Distance
             Crash Analyses
          Conclusions
          Recommendations - include identification of responsibility for recommended improvements
   •   Appendix
The following illustrations or tables shall be included in the body of the report:
   •   Location Map
   •   Site Layout Map
   •   Site Trip Generation Factors and Volumes Table
   •   Site Traffic Distribution by Percent Map
   •   Existing Traffic Volumes Map
   •   Design Year Traffic Volumes Map - use A+B+C+D=Total diagram where A is design year background traffic, B is other site traffic (if applicable), C is site pass by traffic, D is site traffic
   •   Existing and Projected LOS Table
   •   Preliminary Site Plan Map - showing recommended improvements, both sides of streets and extending 1,000 feet beyond the site.
VII.   Traffic Access Study (TAS)
A Traffic Access Study (TAS) is required for developments generating less than 100 peak hour trip ends and requesting new access on a collector or arterial roadway. The purpose of the TAS is to determine whether turn lanes are needed at the proposed site access. The TAS shall include the following components:
   •   Proposed Site Development
   •   Site Layout Map
   •   Design Year Traffic Volumes Map
   •   Turn Lane Warrant Analyses
   •   Sight Distance Analysis
The components of the TAS shall be developed in accordance with the guidelines provided in Part V, Sections B-H and Section L.
VIII.   Submittal
The TIS or TAS shall be submitted to the Zoning Department at the time of filing an application for zoning or rezoning. If zoning is already in place, the TIS shall be submitted at the time of application for plat approval or at the time of application for a site access permit, whichever occurs first. The TIS/TAS shall be submitted to the address below:
City of Canfield
Zoning Department
104 Lisbon Street
Canfield, OH 44406
IX.   City Review
It is the goal of the City to review and respond within 30 working days of the submittal date of a TIS/TAS acceptable to the City. If the document is deemed inadequate, the applicant shall be notified in writing and shall have an opportunity to correct the deficiencies and resubmit the report.
The City of Canfield will impose a fee to review any traffic impact study. The fee is based on the number of intersections analyzed. The fee is only imposed during the first submittal. Subsequent reviews of the project, provided there are no major changes, will be reviewed without additional fee. Fee for other agencies may be imposed at any time.
 
   
(Ord. 2018-37. Passed 11-21-18.)
 
                                                                                                                           

1105.01 SHORT TITLE.

Title One of this Part Eleven - Planning and Zoning Code shall be known and may be cited as the “Subdivision and Land Development Regulations of Canfield, Ohio” and shall hereinafter be referred to as “these Regulations”.
(Ord. 2001-13. Passed 3-21-01.)

1105.02 INTERPRETATION AND PURPOSE.

   (a)   In their interpretation and application, the provisions of these Regulations shall be held to be the minimum requirements adopted for the protection of the public health, safety and welfare. To protect the public, among other purposes, such provisions are intended to provide for permanently wholesome community environment, social and economic need, adequate services and safer streets and highways. (Ord. 2001-13. Passed 3-21-01.)
(b)   The purpose of these Regulations is to secure an orderly, efficient and economic development of Canfield, in accordance with the current year Official Zoning District Map, City of Canfield, on file at the office of the City Zoning Inspector.
      (1)   To assure that subdivided land shall be of such character that it can be used safely for building purposes without danger to health, or peril from fire, flood or other menace;
      (2)   To provide proper provisions for adequate storm drainage, water supplies, sanitary sewerage and other needed improvements in the public's interest;
      (3)   To assure that all lots shall be so laid out and of such size as to avoid congestion of population and shall be in harmony with the development pattern of the neighboring properties;
      (4)   To assure that land shall not be subdivided where the results of such subdivision would place a disproportionate burden on public funds in supplying public services;
      (5)   To assure that the proposed streets shall compose a convenient system conforming to the Major Thoroughfare Plan shown on such portions of the Canfield Comprehensive Plan as may have been adopted, and shall be of such width, grade and location as to accommodate the prospective traffic, to afford adequate light and air, to facilitate fire protection and to provide access of firefighting equipment to buildings;
      (6)   To provide uniform development standards for subdivision design by establishing minimum engineering, criteria, performance guarantees and insuring environmental integrity.
      (7)   To preserve the natural features of land; protect the vegetation of natural areas; prevent surface water, groundwater, air, noise, and visual pollution; preserve the geological, archaeological and historical areas of significance; protect against loss or injury from inappropriate use of the land; and otherwise help preserve and improve both the safety and the quality of the environment.
(Ord. 2008-17. Passed 7-9-08.)

1105.03 EFFECTIVE DATE.

These Regulations shall be effective following adoption by the Commission and the Council of Canfield. Henceforth, any other such regulations previously adopted by the Council and the Commission shall be deemed to be repealed. These Regulations shall in no way affect any subdivision having received preliminary approval by the Commission prior to the effective date; provided, however, that no changes to the preliminary plan as approved are introduced by the subdivider.
(Ord. 2001-13. Passed 3-21-01.)

1105.04 SCOPE.

Land subject to the provisions of these regulations shall be as follows:
   (a)   The division of any parcel into two or more lots, any one of which is less than five acres.
   (b)   The division or partition of land into parcels of greater than five acres that involves any new street or easements of access.
   (c)   The division or allocation of lands as rights-of-way and easements for the extension and maintenance of public sewer, water, storm drainage or other public facilities.
   (d)   The division or allocation of land as open spaces and/or recreational land for common use by Owners, occupants, or lease holders.
   (e)   The annexation of a parcel to incorporated areas.
   (f)   The sale or exchange of parcels between adjacent property owners where potential building sites are created.
   (g)   The improvement of one or more parcels of land for residential, commercial, or industrial structures for groups of structures involving the division or allocation of lands for the opening, widening, or extension of any street or streets.
(Ord. 2001-13. Passed 3-21-01.)

1105.05 INTERPRETATION.

It is not intended by these Regulations to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws, regulations or restrictions placed upon property by deed, covenant or other private agreement, or with restrictive covenants running with the land to which the City is not a party. Where these Regulations impose a greater restriction upon land than is imposed or required by such existing provisions of law, ordinance, contract or deed, the provisions of these Regulations shall control.
(Ord. 2001-13. Passed 3-21-01.)

1105.06 JURISDICTION.

(a)   It shall be unlawful for any person to subdivide, lay out into lots or develop any land within the City of Canfield unless it be by a plat complying with the regulations herein contained, and no plat shall be recorded and no lot or land shall be sold or improved from any such plat until said plat has been approved as herein required.
(b)   It shall be unlawful for any person to circumvent the provisions of this ordinance by lease or by the sale of parcels, by metes and bounds.
(c)   The design and layout of all subdivisions shall conform with the requirements of Chapters 1109 and 1111 hereof. The subdivider shall make improvements and shall submit preliminary and final plans, all in accordance with Chapter 1107 of these Regulations.
(Ord. 2001-13. Passed 3-21-01.)

1105.07 AUTHORITY AND ADMINISTRATION.

(a)   A Major Thoroughfare Plan having been adopted by the Commission according to statutory requirements, the Council and the Commission by virtue of the provisions of Chapter 711, and more specifically Section 711.09, 711.10, and 711.11 of the Revised Code of the State of Ohio, are authorized, subject to the holding of required public hearings, to adopt rules and regulations covering plats for subdivisions of land, and to approve, conditionally approve, or disapprove plats for subdivision of land falling within their jurisdiction. Administration of the rules and regulations contained herein shall be the responsibility of the Commission.
(b)   The Planning Commission by virtue of the authority granted by the Statutes, Chapters 711, 713 and 735 of the Revised Code of Ohio, or such Statutes hereinafter in effect, may prepare plans for unsubdivided or improperly subdivided areas to show a pattern of future streets and public open spaces.
After the required public hearing has been held, such plans or portions thereof may be adopted by the Commission and recorded, and thereafter no subdivision may be approved and no street may be improved or accepted, except that it conforms substantially to such recorded plan; and no permit may be issued for construction of a building or structure on land shown within the right-of-way of any proposed future street until such right-of-way has been acquired or reserved; however, such permit may not be withheld for more than ninety (90) days or such extended time as is mutually agreeable by the Commission and the Owner.
(Ord. 2001-13. Passed 3-21-01.)

1105.08 VARIANCES AND EXCEPTIONS.

(a)   Whenever the tract to the subdivided is of such unusual size or shape, or such unusual conditions exist that the strict application of the requirements of these Regulations would result in real difficulties, substantial hardship, or injustice, such requirements may be varied or modified so that the subdivider may subdivide his property in a responsible manner; but, at the same time, the public welfare and interest of Canfield and the surrounding area are thoroughly protected and the general intent and spirit of these Regulations are enforced. The Commission may make recommendations of variations which may be permitted, but the authority for approval of such variations shall rest with the Council. Variances shall be submitted simultaneously with the preliminary plat for the subdivision and shall detail the reasons for and facts supporting the request.
(b)   The requirements of these Regulations shall insure that all plats shall conform to the Comprehensive Plan of Canfield. All land uses as indicated in the Comprehensive Plan shall be incorporated on the plat and must conform, in general, to the areas of land usage as delineated and adopted by the Commission and the Council. The Major Thoroughfare Plan and the Comprehensive Plan shall be the guide for all future development or redevelopment in the City of Canfield. All plats shall insure that adequate public spaces, circulation, recreation, light and air will be provided and the needs of the entire community when fully developed and occupied will be fully met. (Ord. 2001-13. Passed 3-21-01.)

1105.09 AMENDMENTS.

The Council may, after public hearing, amend, supplement or change these Regulations. Notice shall be given of the time and place of such public hearing by publication in at least one (1) newspaper of general circulation published in the local area, thirty (30) days prior to holding of said hearing. The amendment or amendments shall be on file in the office of the Planning Commission for public examination during said thirty (30) days.
(Ord. 2001-13. Passed 3-21-01.)

1105.10 DEFINITIONS.

Words in these Subdivision Regulations are normally used in their ordinary English usage. Certain terms are, however, defined in this Chapter and whenever used in these Regulations, they shall have the meaning as set forth in the section and subsections of this Chapter, except where the context clearly indicated a different meaning.
The word “shall” is to be interpreted as mandatory and must be complied with unless waived; “may” is to be interpreted as having permission or being allowed to carry out a provision: “should” is to be interpreted as expressing that the application of said criteria or standard is desired and essential unless commensurate criteria or standards are achieved.
All words used in the singular shall include the plural, and all words used in the present tense shall include the future tense, unless the context clearly indicates the contrary.
The phrase “used for” shall include “arranged for”, “designed for”, “intended for”, maintained for, or “occupied for”.
Alley:   A public or private way, thirty feet or less in width, which is used primarily for vehicular access to the back or side of properties which otherwise abut on streets.
Arterial Highway, Arterial Street:   A principal or heavy traffic street of considerable continuity and used primarily as a traffic artery for intercommunication among large areas.
Average Daily Traffic: (ADT) the average number of vehicles passing a given point during a 24 hour point.
Block: A piece or parcel of land entirely surrounded by public highways, public streets, or parks, etc., or a combination thereof.
Building Setback Line: The line nearest the front and across a lot establishing the minimum open space to be provided between the front line of the building foundation and the front lot line; or the front line of the foundation of enclosed porches or vestibules if nearer the front line than the main foundation, not including steps.
City:   The City of Canfield, Ohio.
Clerk of Council: The Clerk of Council of the City of Canfield, Ohio.
Collector Street: A street which carries a large volume of traffic from minor streets to arterial or major streets.
Commission: The Planning Commission of the City of Canfield, Ohio.
(Ord. 2001-13. Passed 3-21-01.)
Comprehensive Plan: As stated in Section 1123.01(22), “Comprehensive Plan” means the Planning and Zoning Code and Comprehensive Plan Update as the same that may be amended from time to time, and any plans or portion thereof adopted by the Planning and Zoning Commission or Council showing the general location and extent of present and proposed land use(s) and transportation facilities, including allowable uses, highways, roads, parks, schools and other community activities. This Plan establishes the goals, objectives and policies of the Municipality. (Ord. 2008-17. Passed 7-9-08.)
Council: The Council of the City of Canfield, Ohio.
Cul-de-Sac: A minor street or a portion thereof with only one outlet open to vehicular traffic and the other end terminated by a permanent vehicular turn-around.
Curb: The raised edge of a pavement to confine surface water to the pavement and to protect the abutting land from vehicular traffic.
Dead-End Street: A minor street or a portion thereof with only one outlet open to vehicular traffic without a turn-around.
Double Frontage Lot: A lot fronting on two streets.
Driveway and Access Drive: A prepared hard surface area providing ingress and egress for vehicles from private property and the public right-of-way.
Easement: A grant by the Owner of the land to a person or persons; a utility company, public or private; or to the general public for a specific purpose.
Engineer: A registered engineer authorized to practice engineering as defined by the Engineer’s Registration Act of the State of Ohio.
Expressway: A divided arterial highway for through traffic with full or partial control of access with an excess of fifty percent of all cross roads separated in grade. (Extracted from Sec. 4511.01 of the Ohio Code).
Final Plat: The final map, drawing or chart on which the subdivider=s plan of subdivision is presented to the Planning Commission for approval, and which, if approved by Council, will be submitted to the Recorder of Mahoning County, Ohio.
Freeway: A divided multi-lane highway for through traffic with all cross roads separated in grade with full control of access.
Frontage: The property on one side of a street between two intersecting streets crossing or terminating, measured at the building line, or if the street is dead ended, then all of the property abutting on one end of the street.
Grade: The slope expressed in a percent which indicates the rate of change of elevation in feet per hundred feet.
Gutter: That portion of a right-of-way, whether paved or sodded, carrying surface drainage.
Improvements: Pavements, curbs, gutters, sidewalks, water mains, sanitary sewers, storm sewers, grading, street signs and plantings, and other items for the welfare of the property owners and the public.
Lot, Interior: A lot other than a corner lot, with only one frontage on a street.
Location Map: A general map showing the site with relation to adjoining areas.
Lot: A parcel of land defined by metes and bounds or boundary lines in a recorded deed or on a recorded plat, fronting on a legally dedicated public thoroughfare. In determining lot area, no part thereof within the limits of the proposed thoroughfare rights-of-way shall be included.
Lot Area: The computed area contained within the lot lines, excluding right-of-way.
Lot, Corner: A lot at the juncture of and fronting on two or more intersecting streets.
Lot, depth: The mean horizontal distance between the front and rear lot lines.
Lot width: The width of the lot measured at the building setback lines.
Major Street: A highway which carries a large volume of traffic from collector streets to arterial streets.
Major Subdivision: A proposed development is considered a major subdivision if it contains new street construction and/or dedication, widening or extension of an existing street, reservations of substantial rights, vacating of existing streets, or easements of access or annexation. The City Planning Commission further reserves the right to determine that a proposed development is to be considered a major subdivision if it contains substantial alterations, other than those listed above, which would effect the planned, orderly growth of the community and the safety of residents.
Major Thoroughfare Plan: The Major Thoroughfare Plan of and as adopted by, Council, establishing the location and official right-of-way widths of principal highways and streets in the Municipality, on file as part of the Comprehensive Plan.
Marginal Access Street: Is a minor street which is parallel and adjacent to an arterial street which provides access to abutting properties and protection from through traffic.
Mayor: The Mayor of the City of Canfield, Ohio.
Minor Street or Local Street: A street in which no land is dedicated for street purposes other than street widening.
Minor Subdivision: A development not containing any of the components which would designate it as a major subdivision, or not otherwise determined to be a major subdivision by virtue of its other characteristics, is considered a minor subdivision.
Official Map: The map established by the Planning Commission showing the streets, highways and parks theretofore laid out, adopted and established by law, and any amendments thereto adopted by the Council and Commission or additions thereto resulting from the approval of subdivision plats by the Planning Commission and the subsequent filling of such approved plats.
Owner: Any individual, firm, association, syndicate, partnership, corporation, trust or any other legal entity having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under these Regulations.
Parcel: An area of land.
Pavement: That portion of a highway, street or alley right-of-way having an improved hard surface.
Performance Bond: An Agreement by and between a Contractor and a bonding company in favor of the subdivider or by and between a subdivider and a bonding company in favor of the City, guaranteeing the completion of physical improvements.
Planning Commission: The Planning and Zoning Commission of the Municipality.
Planting Strip: The area within a right-of-way between the edge of the pavement and the property line. Also known as street lawn or park strip.
Right-of-Way: A strip of land intended or used for public transportation or for a public utility, which is dedicated to the public.
Sidewalk: The area within a right-of-way for pedestrian use.
Solicitor: The legal advisor of the City of Canfield, Ohio.
Street: A public way for purposes of vehicular travel which include the entire area within the right-of-way. A street includes not only the surface of land, but also the land beneath the surface for such distances it may be availed of for the laying of pipes, cisterns, conduits or any known municipal purpose; and so much of the air above the surface as may be required for light, transportation, poles, wires or other known municipal purpose.
Subdivider: Any individual, firm, association, syndicated, copartnership, corporation, trust or any other legal entity commencing proceedings under these Regulations to effect a subdivision of land hereunder for himself or for another.
Subdivision Agreement: An agreement between the subdivider and the City of Canfield guaranteeing the construction of all required improvements within the subdivision.
Subdivision: (1) 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 or ownership, provide, however, that 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 such sale or exchange does not create additional building sites, shall be exempted; or
(2) The improvement of one or more parcels of land for residential, commercial, or industrial structures or groups of structures, involving the division or allocation of land for the opening, widening or extension of any street or streets; 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.
Surveyor: A person authorized to practice surveying as defined by the Surveyor=s Registration Act of the State of Ohio.
Walkway: A right-of-way or an easement for pedestrian use.
(Ord. 2001-13. Passed 3-21-01.)

1105.11 SEPARABILITY.

If any section, subsection, sentence, clause, phrase or portion of these Regulations is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof.
(Ord. 2001-13. Passed 3-21-01.)
                                                                                                                            

1107.01 CONSULTATION AND PRE-APPLICATION SKETCH.

(a)   Informal Consultation. While the subdivision is in sketch form and prior to the preparation of the preliminary or final plat, the subdivider shall consult with the Commission and the County Board of Health so that he may know of the applicable provisions of (1) these Regulations; (2) the official Thoroughfare Plan, (3) the Canfield Comprehensive Plan, (4) existing zoning regulations, and (5) utility requirements.
Such sketch plan may be in pencil but shall:
      (1)   Show the proposed layout and the approximate acreage, the number of lots, contemplated business area, playgrounds and park areas.
      (2)   On a general area map, show the proposed boundary in relation to existing community facilities, public highways, transportation facilities, shopping centers, schools and existing zoning.
      (3)   Indicate utilities and services, if available, and the source and supply of water, sewerage disposal, storm water disposal methods and proposed street improvements.
      (4)   Include topographic data sufficient to evaluate the proposed plan and an approximate scale, title, north point, date, name, address and phone number of the owner and/or developers.
(b)   Subdivision Type Determination. Upon approval of the pre-application sketch the commission shall determine at this time if the proposed development will be processed as a minor or major subdivision . A minor subdivision shall proceed to be processed as a final plat. A major subdivision shall proceed to be processed in the preliminary plat, final plat sequence.
(Ord. 2001-13. Passed 3-21-01.)

1107.02 SUBMISSION TO THE STATE DEPARTMENT OF TRANSPORTATION.

Before any plat is approved affecting any land within three hundred (300) feet of the centerline of the proposed new highway or a highway for which changes are proposed as described in the certification to local officials by the Director of the State Department of Transportation of any land within a radius of five hundred (500) feet from the point of intersection of said centerline with any public road or highway, the Commission shall give notice by registered or certified mail to the director of the State Department of Transportation. The Commission shall not approve the plat for one hundred twenty (120) days from the date the notice is received by the State Transportation Director. If the State Transportation Director notifies the Commission that he shall proceed to acquire the land needed, then the Commission shall refuse to approve the plat. If the State Transportation Director notifies the Commission the acquisition at this time is not in the public interest or upon the expiration of the one hundred twenty (120) day period or any extensions thereof agreed upon by the State Transportation Director and the property Owner, the Commission shall, if the plat is in conformation to all existing regulations, approve the plat (O.R.C. Section 5511)
(Ord. 2001-13. Passed 3-21-01.)

1107.03 SUBMISSION AND APPROVAL OF PRELIMINARY PLAT.

(a)   Filing. The subdivider shall prepare and file eight (8) copies of a preliminary plat, according to the standards and other requirements of these Regulations, and submit the filing fee (see Section 1115.06), not less than fifteen (15) working days prior to the Commission's regularly scheduled meeting date. The preliminary plat shall be prepared by a registered surveyor.
(b)   Approval. The Commission shall forward copies of the preliminary plat to such officials and agencies as may be necessary for the purpose of study and recommendation. 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. Notice of such action shall be supplied to the subdivider, and if disapproved or modified, the reasons for disapproval or modification.
      (1)   The Commission shall act on the preliminary plat within thirty (30) days after filing unless such time is extended by agreement with the subdivider or his agent.
      (2)   The Commission will notify the subdivider if his presence is required at the meeting.
      (3)   When a preliminary plat has been approved by the Commission, the Chairman of the Commission shall affix his signature to the plat and attach thereto a notation that it has received preliminary approval and return one (1) copy to the subdivider for compliance with final plat requirements of these subdivision regulations.
      (4)   Preliminary approval shall confer upon the subdivider the rights and guarantees for a one year period from the date of approval, that the general terms and conditions under which the preliminary approval was granted will not be affected by any changes and/or amendments to these Regulations.
(Ord. 2001-13. Passed 3-21-01.)

1107.04 PRELIMINARY PLAT CONTENTS AND SUPPLEMENTARY INFORMATION.

(a)   Form. The preliminary plat shall be clearly and legibly drawn. The size of the map shall be on permanent reproducible paper of a minimum size of 12" x 18" and the maximum size of 24" x 36", except in rare circumstances. All subdivision shall be drawn at a scale of not less than one (1) inch equals one hundred (100) feet, unless otherwise required by the Commission.
(b)   Coverage. The preliminary plan shall include all land intended for ultimate development even though only a portion of the tract is to be initially recorded.
(c)   Map Contents. The preliminary plat shall contain the following information:
      (1)   Residential Requirements.
         A.   The name by which the proposed subdivision will be known. The name shall not duplicate, be the same in spelling or alike in pronunciation with any other recorded subdivision in Mahoning County. Evidence of ownership of the land to be subdivided, together with the names, address and phone numbers of the owner(s), subdivider(s) and the surveyor preparing the plat, along with his registration number and seal, shall be shown.
         B.   The location of the subdivision by section number, great lot, township, county, state and other legally established district, corporation or unit.
         C.   The name of any abutting subdivision and the owners of the abutting property.
         D.   Locations, widths and names of existing streets, buildings, railroads, right-of-way, easements, parks, corporation, township location of wooded areas, natural water courses, and other significant topographic and natural features within the adjacent to the plat.
         E.   The location, width, name and approximate grade of proposed streets, lots, easements or other right-of-way. The location and width of sidewalks and storm drainage easements and the location and size of existing utility mains.
         F.   The approximate lot dimensions and lot numbers, the number of residential buildings and proposed dwelling units.
         G.   The results of the soil survey pertaining to the plat are including solid permeability data.
         H.   Information with respect to high water elevations in the vicinity of streams and the elevation of the maximum ground water table in cases where it is less than ten (10) feet from ground surface.
         I.   The contour and topographic conditions as follows: Where land slope is greater than fifteen (15%) percent, contours shall be shown at five (5) foot intervals. Where the land slope is between two (2%) percent and fifteen (15%) percent, contours shall be shown at two (2) foot intervals. Where the land slope is less than two (2%) percent, contours shall be shown at one (1) foot intervals. Elevations shall be based on sea-level datum as determined by the United States Coast and Geodetic Survey.
         J.   The zoning classifications, lot size and area requirements and the minimum building setback lines.
         K.   A statement with respect to the proposed use of lots, stating type of residential buildings with number of proposed dwelling units so as to reveal the effect of the development on traffic, fire hazards, and possible congestion of population with respect to protective covenants and deed restrictions.
         L.   Proposed sites that are to be dedicated or reserved for parks, playgrounds, schools or other public uses or open spaces.
         M.   The north arrow with a statement to the basis of the reference direction used, date and graphic scale shall be shown.
         N.   A street tree or other planted area plan, if approved by the developer.
         O.   If any zoning changes are contemplated by the subdivider, the proposed zoning shall be outlined.
         P.   If sewage disposal other than a tie into an existing Municipal Treatment Plant is proposed, the subdivider shall furnish a letter from the County Board of Health stating what type of sewage disposal will be approved. A central sewage treatment plant and a central water system shall be constructed by the subdivider when deemed necessary by the Commission and the appropriate Health Officer. If a central plant is not to be used, a proposal shall be included discussing the method and cost for the incorporation of said system into the general municipal or county system.
      (2)   Commercial and Industrial Requirements. The following items shall be shown on a preliminary plat of a subdivision intended for commercial or industrial use:
         A.   All of the items required by subsection (c)(1), if applicable.
         B.   A statement indicating the number of buildings and the type of operation proposed in each building and on the premises.
         C.   A preliminary site plan including proposed major features including a preliminary grading plan.
(Ord. 2001-13. Passed 3-21-01.)

1107.05 CONSTRUCTION DRAWINGS AND SPECIFICATIONS.

(a)   After receiving notice of the approval of the preliminary plat and prior to the filing of the final plat, the subdivider shall present to the Commission, one original and two copies of the detailed engineering drawings and specifications of all utility and street improvements to be constructed in the proposed subdivision as required by the City and/or County Standards. The Commission shall within five (5) days after the filing of the above engineering drawings and specifications transmit copies of same to the County Health Officer and the City Engineer for study and recommendations. The Commission, after receiving a report from the aforementioned officials, shall notify the subdivider may upgrade the engineering drawings and specifications. Subsequent to the final approval of Construction Drawings and Specifications, the subdivider may submit the final plat for approval. The engineering drawings and specifications shall be prepared by a registered professional engineer.
(b)   Construction drawings shall be made with reproducible ink on a permanent reproducible material 24" x 36" in size and shall generally include the following items:
   (1)   Title Sheet
   (2)   Location Sketch
   (3)   Existing and Proposed Site Plan
   (4)   Grading Plan
   (5)   Typical Sections
   (6)   Plan and Profile
   (7)   Cross-Sections
   (8)   Summary of Quantities
   (9)   Design and Drainage Calculations and/or Storm Water Management Plan
   (10)   Erosion Control Plan
   (11)   Geometric Details
   (12)   Detail Drawings
   (13)   General Notes (Ex. Erosion Control)
Prior to Final Plat Approval, the subdivider shall submit permits from all required state, local or federal reviewing agencies.
(c)   Record Drawings. The subdivider shall provide to the City original tracings of the record drawings of all constructed improvements before final certification in writing by the City Engineer. Failure to supply the record drawings may constitute withholding of the Subdivision Bond and/or approval of the final plat.
(d)   Specifications. The subdivider shall be required to utilize the current City of Canfield specifications for all improvements within the jurisdiction of these Regulations.
(Ord. 2001-13. Passed 3-21-01.)

1107.06 APPROVAL OF FINAL PLAT.

(a)   General. The final plat will have incorporated all changes or modifications 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, provided that such portion conforms with all requirements of these Regulations. It shall contain the information required by Section 207.
(b)   Filing.
      (1)   The final plat shall be filed not later than twelve (12) months after the date of approval of the preliminary plat; otherwise, it will be considered void unless an extension is requested in writing by the developer and granted by the Commission, in writing. The subdivider shall submit eight (8) copies of the final plat for approval.
      (2)   The final plat shall be filed not less than fifteen (15) working days prior to the Commission's regularly scheduled meeting at which it is to be considered. The appearance of the subdivider is required at the Commissioners Meeting.
(c)   Approval.
      (1)   The Commission shall forward copies of the final plat to such officials and agencies as may be necessary for the purpose of final approval, subject to their aforemade recommendations to the preliminary plat. After receipt of approval from such officials and agencies the Commission shall take action on the final plat within thirty (30) days from the date of submittal.
      (2)   The subdivider shall be notified of the final approval of the plat by the Commission and said approval shall be endorsed in writing on the plat. The Commission shall then present the plat to Council for final approval.
      (3)   If the subdivider elects to construct the improvements without a subdivision bond, final plat approval will not be issued until satisfactory completion of all the improvements. If the subdivider elects to post a subdivision bond, final plat approval by council may be issued upon the receipt of the bond and execution of the Subdivider's Agreement. The subdivider electing to construct without a bond shall execute a subdivider's agreement with Council before proceeding with construction.
      (4)   After approval by Council, subdivider has two (2) years to gain acceptance by Council or no additional permits shall be issued.
(Ord. 2001-13. Passed 3-21-01.)
      (5)   This approval authorizes the developer to:
         A.   Record the lots;
         B.   Sell lots;
         C.   Commence subdivision improvements.
This approval does not authorize issuance of zoning, building, water or sewer permits for structures within the subdivision. These zoning, building, water and sewer permits may be issued only after the City Engineer has issued a certificate of substantial completion for all improvements within the subdivision, as approved by the Zoning Inspector.
   (Ord. 2002-05. Passed 3-20-02.)

1107.07 FINAL PLAT CONTENTS.

The final plat shall be clearly and legibly drawn with reproducible ink on a permanent reproducible material. The size of the plat shall be on one or more sheets not less than 12" x 18" nor more than 24" x 36" in size. The final plat shall be drawn at a scale not smaller than one (1) inch equals one hundred (100) feet.
(a)   Plat Contents. The final plat shall contain the following information:
      (1)   Residential Requirements.
         A.   The boundary lines of the subdivision with bearings to the seconds and distances to the hundredths of feet shall be indicated. The precision of the boundary survey shall be specified.
         B.   City, County, Township, and original lot lines.
         C.   The name of subdivision
         D.   All lots and lot lines with accurate dimensions and bearings, together with a numbering system for lots. When lots front on a curved street or are irregular in shape, the lot width at the building line shall be shown.
         E.   The accurate location, width of rights-of-way and names of all streets.
         F.   The location and description of all monuments.
         G.   The purpose and the boundary of all lands dedicated or reserved for public use including the area thereof.
         H.   The purpose for dimensions of all easements dedicated or reserved for public use, services or utilities.
         I.   All radii, chords, arcs, tangent distances, point of curvature, point of tangency, and central angles of all curves.
         J.   The names of owners of adjoining property and boundary corners of such adjoining property, as well as adjacent streets and alleys with their widths and names.
         K.   Setback building lines, with dimensions.
         L.   The north arrow with a statement as to the basis of their reference direction used, date and graphic scale.
         M.   The total acreage of land subdivided into lots, and the total lineal feet and total acreage of new streets and other rights-of-ways.
         N.   All protective covenants and deed restrictions shall be submitted. Eight (8) typewritten copies shall be attached one each, to the eight (8) copies of the final plat at time of filing with the Commission:
         O.   Certification by an Ohio registered surveyor that the details of the plat are accurate. He shall certify that all monuments are correctly shown and are in place.
         P.   Notarized certification that the applicant is the Owner of the land under consideration, or that the owner of such land has given consent under an option agreement.
         Q.   A certification by the City Engineer that the specifications and constructing drawings for required improvements within the proposed subdivision have been approved.
         R.   Certification of approval by the Canfield Planning Commission.
         S.   A certification of approval by the Mahoning County Board of Health where public water and sanitary sewer systems are not planned to be utilized.
         T.   Certification by the City Council of Canfield accepting land dedicated for streets and highways.
         U.   Certification of transfer by the Auditor of Mahoning County.
         V.   Certification for record by the Recorder of Mahoning County.
         W.   Appropriate reviewing agency permits.
      (2)   Commercial and Industrial Requirements. The following items shall be shown on a final plat of a subdivision intended for commercial or industrial use:
         A.   All of the items required by subsection (a)(1) hereof.
         B.   A statement indicating the number of buildings and the type of operation proposed in each building and on the premises.
         C.   A site plan including proposed major features including a grading plan.
         D.   Sidewalks will not be required in subdivisions designated and zoned exclusively for industrial use. However, if a subdivision has more than one zoned designated use then sidewalks shall be required continuously throughout the subdivision.
   (b)   After approval by Council subdivider has two (2) years to gain acceptance by Council or no additional permits shall be issued. The final plat at the time of acceptance by Council shall be accompanied by certificates showing the following:
      (1)   The developer shall present to the solicitor evidence that all taxes against the portion of the subdivider’s land to be dedicated to the City have been paid along with evidence that all encumbrances or liens of record against said portions to be dedicated have been released.   
      (2)   That all improvements have been installed and approved by the proper officials or agencies, and that a 2 year maintenance bond has been posted.
   (c)   Recording of Final Plat. After the final plat has been approved by the Commission and Council and the necessary approvals endorsed in writing thereon, together with evidence of title, the subdivider shall cause the final plat as approved by the Commission and Council to be recorded in the office of the Mahoning County Recorder no later than thirty (30) days after the date of approval unless an extension is agreed to by the Council. Failure to record on time or changes in the approved plat may cause the final plat to be declared null and void by Council.
(Ord. 2001-13. Passed 3-21-01.)
   (d)   Acceptance of Improvements. Council shall accept the improvements within any given subdivision only after:
      (1)   The City Engineer has certified that all required improvements are complete and have been installed in accordance with the specifications as set forth in the approved plat, as approved by the Zoning Inspector; and
      (2)   The subdivider and/or developer has posted a two-year maintenance bond. (The two-year maintenance bond shall be an amount equal to 10% of the total cost of all improvements in the subdivision.)
To expedite the acceptance process, the developer may request in writing that the City Engineer review the subdivision to determine that all improvements are complete. The Engineer shall review each subdivision within 10 days of each written request and provide a written report to the subdivider and the City of Canfield. (Ord. 2002-05. Passed 3-20-02.)

1107.08 REPLAT AND CORRECTION PLAT; FEE FOR MINOR SUBDIVISION REPLAT.

Replat or correction plat of which a plat had been previously recorded shall require the same procedures as for a new subdivision. The original volume and page of the plat recording shall be shown within the replat title. If a replat has been determined to be a minor subdivision, a fee in the amount of fifty dollars ($50.00) shall be paid by legal tender, certified check or money order made payable to the City upon applying for the replat.
(Ord. 2004-01. Passed 1-21-04.)
                                                                                                         

1109.01 GENERAL.

   (a)   The arrangements, character, extent, width and location of major, secondary and minor streets or highways shall conform with the Major Thoroughfare Plan for Canfield, Ohio, and with the provisions of these Regulations. Streets not contained in the Major Thoroughfare Plan shall conform to the recommendation of the Commission based on existing and planned streets, topography, public safety and convenience, and proposed uses of land. However, where any limited access highway or expressway shown on the Major Thoroughfare Plan traverses the tract to be subdivided without providing access thereto, no land is required to be dedicated or left undeveloped for such highway unless an agreement is made between the subdivider and the proper public agency regarding the time and method of acquisition for highway use and the payment of compensation therefore. Where the right-of-way of any other proposed major highway exceeds one hundred (100) feet, the same provision shall apply to the additional width required.
(b)   Due regard shall be shown for the preservation of existing natural features, distinctive site characteristics, outstanding scenic, cultural or historic areas and all such features shall be integrated into the plan to create functional variations in the neighborhood and more attractive building sites.
(Ord. 2001-13. Passed 3-21-01.)

1109.02 SITE PREPARATION REQUIREMENTS.

(a)   Grading. The subdivider shall submit a Grading Plan when requesting Construction Drawing approval. The required Grading Plan shall be drawn at the same scale, and on the same base as the required final plat, and shall include specific details related to the rough and finish grading that will be performed throughout the proposed subdivision development. Each subdivision, or portion thereof, shall be planned and graded so that the surface water will drain into a storm sewer system or adjacent natural watercourses. Where necessary, grading may be extended into individual lot areas in order to provide suitable finish elevations for housing sites.
      (1)   All productive topsoil, as defined by the Conservation Service and approved by the Planning Commission, shall be stripped and stockpiled from the areas to be graded and shall be replaced and finish graded to a depth of not less than six (6) inches in an effort to conserve all existing topsoil.
      (2)   The Grading Plan shall indicate the location of all existing wooded areas. The Subdivider shall make every attempt to preserve and save all such trees that do not conflict with the location of the required improvements and/or housing sites. All grading shall be performed in such a manner that will preserve the existing tree cover.
      (3)   During construction of the subdivision, the Subdivider shall make provisions to conduct storm water flows through temporary or permanent swales to nearby natural watercourses or storm sewer. Desilting basins shall be installed to protect all natural watercourses and/or storm sewers.
      (4)   Provisions shall be made within and around the construction areas to protect the area from erosion, earth slides, and the abnormal settling or cracking of exposed earth surface.
      (5)   All lot areas within the subdivision shall be graded to provide adequate surface drainage.
      (6)   Final grading shall conform to the Grading Plan submitted by the Subdivider.
(b)   Erosion Control. The Subdivider shall submit an Erosion Control Plan, which shall be reviewed and approved by the Mahoning County Soil and Water Conservation District, with his request for Construction Drawing approval. The required Erosion Control Plan shall specify the procedures and techniques and timetable to be employed by the Subdivider to control erosion during construction, and immediately following the completion of the subdivision. Included within the Subdivider’s Erosion Control Plan shall be provisions assigned to accomplish the following:
      (1)   The Subdivider shall carry out the development of the subdivision in such a way as to maintain as much natural vegetation as possible; thereby limiting the areas that are under construction and exposed to erosion to the smallest area practical over the shortest possible time period.
      (2)   The Subdivider should utilize temporary swales to direct surface drainage and storm water flows in desilting basins then into natural watercourses and/or storm sewer systems.
      (3)   The Subdivider shall periodically clean streets within the subdivision construction area, especially following periods of rainfall.
      (4)   The Subdivider shall utilize approved dust palliatives, to retard wind erosion and minimize the amount of airborne dust particles during construction.
      (5)   The Subdivider shall make every attempt to maintain the subdivision construction area in good and safe condition, keeping the area as free of debris as possible.
      (6)   Facilities for cleaning vehicles leaving the subdivision construction area, especially following periods of rainfall, shall be provided to prevent mud or other similar materials from being carried from the area into surrounding streets and into existing storm sewers.
      (7)   All graded areas shall be fertilized, seeded and mulched or otherwise protected by artificial means against erosion and siltation as soon as is practical.
      (8)   To control sediment pollution from sheet and rill erosion, no development area shall have an average annual soil loss leaving the development area which exceeds fifteen (15) tons per acre the first year commencing from the time of initial earth disturbance and five (5) tons per acre for any other year.
(c)   Storm Water Management. Storm water management is a practical, feasible and desirable element in urban development. Storm water run-off can be adequately controlled in conjunction with the development of almost any site. The control program should be tailored to fit the requirements of the individual project by sound selection of alternative control methods, good technical and aesthetic design, and quality construction and maintenance.
A storm water management plan shall be submitted to the City Engineer for review and approval for all developments of 1 acre or more. Said plan shall be submitted as soon as possible after approval of the preliminary plat and in no case later than the submission of the construction drawings. The plan shall incorporate the engineering facets of the system including calculations as well as proposed maintenance and financial arrangements to perpetuate the system. Developer to provide to the City Engineer an approved OEPA Storm Water Permit issued by the OEPA.
      (1)   The following minimum criteria shall be used to establish the storm water management system:
To control pollution of public waters by soil sediment from accelerated stream channel erosion and to control flood plain erosion caused by accelerated storm water runoff from development areas, the increased peak rates and volumes of run-off shall be controlled such that:
         A.   The peak rate of run-off from the critical storm and all more frequent storms occurring on the development area does not exceed the peak rate of run-off from a one year frequency storm (of 24 hours duration) occurring on the same area under pre-development conditions.
         B.   Storms of less frequent occurrence than the critical storm, up to the one hundred year storm, have peak run-off rates no 3 greater than the peak run-off rates from equivalent size storms under 14 pre- development conditions.
         C.   As a minimum, all retention/detention pond designs shall include a two stage outlet chamber which shall release storm water based on a 10 year and 25 year storm and shall be designed with sufficient storage capacity for the 25 year storm.
      (2)   The critical storm for a specific development area is determined as follows:
         A.   Determine by appropriate hydrologic method the total volume of run-off from a one year frequency, 24 hour storm occurring on the development area before and after development.
         B.   From the volumes determined in (a), determine the percentage increase in volume of run-off due to development, and using this percentage, select the 24-hour critical storm from this table.
If the percentage of increase in volume of runoff is:
Equal to or
greater than
and
less than
The critical storm for
peak rate control will be
--
10
1 year
10
20
2 year
20
50
5 year
50
100
10 year
100
250
25 year
250
500
50 year
500
--–
100 year
 
(d)   Protection of Air Resources.
      (1)   Burning. The use of burning at the project site for the disposal of refuse and debris will not be permitted.
      (2)   Dust Control. The Developer will be required to maintain all excavations, embankment, stockpiles, access roads, plant sites, waste areas, borrow areas, and all other work areas within or without the project boundaries free from dust which could cause the standards for air pollution to be exceeded, and which would cause a hazard or nuisance to others.
         A.   An approved method of stabilization consisting of sprinkling or other similar methods will be permitted to control dust. The use of petroleum products is prohibited.
         B.   Sprinkling, to be approved, must be repeated at such intervals as to keep all parts of the disturbed area at least damp at all times, and the Developer must have sufficient, competent equipment on the job to accomplish this if sprinkling is used. Dust control shall be performed as the work proceeds and whenever a dust nuisance or hazard occurs.
      (3)   The Developer shall not cause or permit any fugitive dust source from the building demolition without taking or installing reasonably available control measures to prevent fugitive dust from becoming airborne. Such reasonably available control measures shall include, but not limited to, one or more of the following which are appropriate to minimize or eliminate visible particulate emissions of fugitive dust in accordance with the Ohio Administrative Code (OAC) 3745-17-08(B). If the Contractor violates or fails to properly control fugitive dust, in accordance with OAC 3745-17- 08(B), the Contractor will be fined $2,500 per day, in accordance with the Ohio Revised Code (ORC) 3704.99.
(e)   On-Site Inspection. Prior to commencement of construction, the City Engineer shall inspect natural watercourses, storm and sanitary sewers and surrounding streets to determine their existing condition. During construction and immediately following the completion of the Subdivision, the City Engineer shall inspect the subdivision construction area in order to determine the Subdivider’s compliance with the Grading, Erosion Control, and Storm Water Management Plans. The subdivider shall be notified in writing of any deficiencies and shall be directed to make whatever corrections or modifications are necessary within five (5) working days from the date he receives such written notification. Should the subdivider fail to satisfactorily correct such deficiencies, the City of Canfield, Ohio shall withhold the subdivision bond and/or final approval of the Plat until such time the deficiencies are corrected.
(Ord. 2001-13. Passed 3-21-01.)

1109.03 STREETS.

(a)   Design and Arrangement.
      (1)   The arrangement of streets in the new subdivision shall make provision for the continuation of the existing streets in adjoining areas (or their proper projection where adjoining land is not subdivided) insofar as they may be deemed necessary for the public welfare.
      (2)   The street arrangement of any subdivision shall be such as to not cause hardship to adjacent property owners when they plat their land and seek to provide access to it. Residential streets shall be so designed as to discourage through traffic, but off-site streets should be avoided except as they are separated by not less than four hundred (400) feet at their access points on a collector street.
      (3)   The angle of intersection between local streets and collector streets should not vary by more than ten (10) degrees from a right (90 degree) angle. All other streets should intersect each other as near to a right angle as possible, and no intersection of streets shall be permitted at angles of less than seventy (70) degrees.
      (4)   Residential streets shall be designed to discourage through traffic which may otherwise use secondary or major highways, and whose origin and destination are not within the subdivision. Residential streets extending for considerable distance, parallel to any secondary or major street should be avoided.
      (5)   Streets planned to serve multi-family, commercial, business or industrial areas shall connect directly to major collector streets, so as to not generate large volumes of traffic on local residential streets.
      (6)   The minimum curb radius shall be twenty-five (25) feet measured at the face of the curb.
(b)   Alignment.
      (1)   Minimum Radii or Centerline Curvature
Major Streets
3E
Collector Streets
12E
Minor Streets
200 feet
Streets Shorter than 500 feet   
100 feet
 
(Ord. 2001-13. Passed 3-21-01.)
      (2)   Visibility Requirements. Minimal vertical and horizontal sight distances shall conform to the then current standards delineated in the Ohio Department of Transportation Location and Design Manual, Volume 1, Roadway, Design, Latest Edition, or any duty adopted successor thereto.
         (Ord. 2013-36. Passed 11-6-13.)
 
(c)   Streets.
      (1)   The major thoroughfares shall conform to the Major Thoroughfare Plan of Canfield. (See Appendix)
      (2)   The minimum right-of-way widths for streets are as follows:
 
Type of Street or Way
Right-of-Way
Arterial Highway or Major Thoroughfare
Variable*
Secondary or Collector Streets
70 ft.
Minor or Local Streets
60 ft.
 
*As determined by Commission
      (3)   Cul-de-Sacs. Each cul-de-sac shall be provided with a turn-around having a minimum right-of-way radius of sixty (60) feet. The outside of the pavement within the turn-around right-of-way shall have a minimum radius of fifty (50) feet. (Ord. 2001-13. Passed 3-21-01.)
      (4)   Dead-End Streets. Streets designated to be dead-ended permanently shall not be permitted. Any temporary dead-end street, if longer than two hundred (200) feet or fronted by lots, shall have a paved turning area and right-of-way equal in diameter to that required for a cul-de-sac. There shall be provisions made for future extensions of the street and utilities. There shall be a clause for reversionary rights to the land owners abutting the temporary turn-around for the excess right-of-way.
When a subdivider is filing for final completion and acceptance of a subdivision, temporary dead-end streets must be converted to a paved cul- de-sac with the required curbs and sidewalks, and other required improvements, unless an agreement is entered into between the developer and the City. Said agreement must provide the City of Canfield with a cash bond from the developer in an amount determined by the City Engineer. Said amount shall be sufficient to complete construction of the cul-de-sac and other improvements in accordance with these Regulations. Said agreement shall be for a period of not more than two years. At the end of the two years, if the developer has not proceeded with the development by extending the temporary dead-end street, the City shall use the cash bond to complete this portion of the subdivision.
(Ord. 2005-32. Passed 11-16-05.)
      (5)   Half-Streets. Dedication of half-streets shall be prohibited. Where there exists a dedicated or platted half-street adjacent to the tract being subdivided, the other half shall be platted if deemed necessary by the Commission.
      (6)   Alleys. Alleys shall be prohibited.
      (7)   Limitation of Number of Vehicular Access Points to Arterial Highways or Major Streets. Safety factors and the need for effective utilization of major thoroughfares requires limiting the number of vehicular access points to arterial highways and major streets to promote efficient traffic movements and reduce safety hazards. Where a subdivision adjoins an arterial highway or major street, vehicular access to subdivided lots shall be kept to a minimum and shall not exceed the following 4 standards:
Feet of Subdivision
 
Frontage
Maximum Number of
Vehicular Access Points
500 ft.
One (1)
500 - 1000 ft.
Two (2)
Over 1000 ft.
Two (2) for the first 1000 ft. of frontage
plus one (1) point of access for each
additional 1000 ft. of frontage
 
The local street arrangements connecting with these access points may be accomplished in one of three ways:
         A.   Marginal Access Street - with a planing strip of a minimum of twenty (20) feet between the major street or highway pavement and the marginal access street pavement. The marginal access street shall have a minimum pavement width of twenty (20) feet. Marginal access streets may be required if the average daily traffic volume on the major street or highway equal or exceeds:
Roadway
ADT
2 Lane
12,000 vehicles per day
4 Lane
18,000 vehicles per day
 
         B.   Local Street (reverse frontage) - with residences facing away from the major thoroughfare. In this case, the rear yard (those between the residences and the major thoroughfare) shall have a minimum depth of seventy (70) feet which includes a twenty (20) foot non- access reservation strip abutting the major thoroughfare for screen planting of trees and shrubs. A masonry or wooden ornamental screen may be substituted.
         C.   Intersecting Local Streets or Cul-de-Sacs Streets - perpendicular to the major thoroughfare where unusual topographic conditions warrant such design.
         D.   Minimum centerline offset of adjacent intersection shall not be less than 150'.
      (8)   Street Grades. No street grade shall be less than one-half (0.5%) percent and shall not exceed the following, with due allowances for reasonable vertical curves:
Main or Arterial Thoroughfare
6%
Secondary Thoroughfares
10%
Minor Streets
12%
Cul-de-Sacs   
12%
 
The lengths of maximum grades shall be kept to a minimum. In exceptional cases, steeper grades may be permitted upon approval of the City Engineer.
      (9)   Typical Section. For cross-section of streets see approved Standard Drawings (Appendix C).
      (10)   Street Names. Street names shall be selected which will not duplicate or be confused with the names of existing streets in Mahoning County irrespective of modifying the terms such as street, avenue, boulevard, etc. Street names shall be subject to the approval of the Commission and wherever possible shall be in accordance with the following system:
General Direction
Over 1000 ft.
Under 1000 ft.
North-South
Street
Place
East-West
Avenue
Court
Diagonal
Road
Way
Curving
Drive
Lane or Circle
 
      (11)   Street Signs. Street signs shall be required at all intersection and shall be paid for by the developer before final plat approval or as provided in the Subdivider's Agreement. Street Signs shall be erected in accordance with the specifications of the City. All such signs shall also be subject to the approval of the Commission as to uniform design and legibility.
(Ord. 2001-13. Passed 3-21-01.)
   (d)   A Traffic Impact Study shall be required when a new development or expansion of an existing development generates at least 100 trip ends during the peak hour of the land use or the peak hour of the subject roadway. Traffic impact studies shall be conducted in accordance with the Traffic Impact Study Standards adopted by the City from time to time and any amendments thereto. (See Appendix G) (Ord. 2018-37. Passed 11-21-18.)

1109.04 BLOCKS AND LOTS.

(a)   Block Design.
      (1)   No block shall be longer than 1200 feet or less than 500 feet, except in unusual circumstances. Where a subdivision adjoins a major highway, the greater dimension of the block shall front along such major highway to minimize the number of points of ingress and egress.
      (2)   Where blocks are over 750 feet in length, a walkway easement not less than 10 feet in width may be required, if necessary, to provide proper access through the block.
      (3)   Blocks for multi-family, business and industrial subdivision shall be designed to accommodate the building sites and provide the yards, internal service drives, required off-street parking and other such required facilities for unit development rather than typical lot and street patterns.
(b)   Lots.
      (1)   The lot arrangement and design shall be such that all lots will provide satisfactory and desirable building sites, properly related to topography and the character of surrounding development.
      (2)   All side lines of lots shall be at right angles to straight street lines and radial to curved street lines except where a variation to this rule will provide a better street and lot layout. Lots with double frontage shall be avoided.
      (3)   No lot shall have less area or width than is required by the zoning regulations applying to said parcel.
      (4)   In case of unusual soil conditions which may impair the health and safety of the neighborhood in which a subdivision may be located, upon recommendation of the County Board of Health or upon the recommendation of the City Engineer, the Commission may require larger lot widths and lot areas than might otherwise be necessary.
      (5)   No corner lot shall have a width at the building line of less than seventy- five (75) feet. Either of the two (2) sides of a corner lot fronting on a street may be designated the front of the lot provided the rear yard shall always be opposite the frontage so designated.
      (6)   All corner lots shall have a curve with a minimum radius of twenty-five (25) feet joining the two (2) sidelines of said right-of-way.
(Ord. 2001-13. Passed 3-21-01.)

1109.05 BUILDING LINES AND EASEMENTS.

   (a)   Building Lines. Building lines shall be established according to the minimum building setback lines requirements set forth in the Zoning Ordinance.
 
   (b)   Easements. Easements of at least seven and one-half (7 1/2) feet in width may be provided on each side of all rear lots and along side lot lines, where necessary, for underground utilities such as electric, telephone service and gas mains. Easements having greater width dimensions may also be required along or across lots where engineering design or special conditions may necessitate the installation of water and sewer lines outside public rights-of-ways. For lots facing on curvi-linear streets, the rear easement should consist of straight lines as much as possible with a minimum number of points of deflection.
(c)   Easements Along Streams. Whenever any stream or important surface drainage course is located in the area being subdivided, the subdivider shall provide a minimum easement of forty (40) feet in width, or such width as may be determined by the Commission along each side of the stream for the purpose of widening, deepening, relocating or protecting the stream for drainage. (Ord. 2001-13. Passed 3-21-01.)

1109.06 PUBLIC SITES, NATURAL FEATURES, HISTORICAL SITES, ARCHAEOLOGICAL SITES AND OPEN SPACES.

   Where the subdivision contains a park, school or other public area which is shown in the Comprehensive Plan for Canfield and/or a Historical or Archaeological Site on Record with the Ohio Historic Preservation Office or this appropriate Regional office, such area shall either be dedicated to the proper public agency or it shall be reserved for acquisition thereby within one hundred twenty (120) days by a purchase or other means, and an agreement shall be entered into between the subdivider and the proper public agency regarding the time and method of acquisition and the cost thereof. (Ord. 2001-13. Passed 3-21-01.)

1109.07 LAND SUBJECT TO FLOODING OR CONTAINING POOR DRAINAGE CHARACTERISTICS.

   The right is reserved to disapprove any subdivision which is subject to periodic flooding or which contains extremely poor drainage characteristics, however, if the subdivider agrees to make such improvements as will make the area safe for residential occupancy, the subdivision may be approved, subject, however, to the approval of the Mahoning County Board of Health and the City Engineer.
(Ord. 2001-13. Passed 3-21-01.)
                                                                                                   

1111.01 GENERAL.

The Subdivider shall have constructed all improvements required herein prior to the recording of the final plat or shall furnish a bond in the amount of one hundred percent (100%) of the cost of the ultimate installation of the improvements listed and described in the sections of this Article. All of the required improvements shall be made in full compliance with the plans and specifications for each of the various units of work, as required by the municipal requirements and applicable county requirements.
(Ord. 2001-13. Passed 3-21-01.)

1111.02 SPECIFICATIONS.

The Subdivider shall utilize the current City of Canfield standard specifications for all applicable improvements to be constructed in these Regulations. Any variances from these specifications without prior written approval from the Commission shall constitute disapproval.
(Ord. 2001-13. Passed 3-21-01.)

1111.03 IMPROVEMENTS.

(a)   Streets. All streets and thoroughfares shall be graded, including side slopes, and improved in accordance with the standards outlined or referred to in these Regulations. Plans and specifications for street improvements shall be subject to approval by the City Engineer. The Approved Canfield Standard Typical Sections for local and collector streets are shown in Appendix C.
(b)   Pavements. Street pavements may be either flexible (asphalt) or rigid (concrete) pavement and shall be designed per soil classification. Where a roadway pavement is being constructed over several different groups of soils, as indicated on the Canfield District Soil Map, the design criteria required by the lower strength soil group classification shall be used. Questions regarding design criteria occurring in several groups of soils will be decided by the City Engineer. The subdivider shall submit to the City Engineer, along with the construction drawings, a pavement design which shall be shown on the typical section to conform to the anticipated traffic and axle loads.
(c)   Curbs. Concrete curb and gutters shall be required on all streets. Curb and gutters shall conform to the Canfield Typical Section Standard Drawings, Appendix C.
Concrete curbs shall be depressed at all intersections to allow for the construction of Barrier Free Ramps as illustrated in Appendix C
(d)   Sidewalks. Concrete sidewalks shall be constructed on both sides of the streets and shall have a minimum width of four (4) feet and a minimum thickness of four (4) inches to provide for the safety of pedestrians. They shall be required in all areas except those designated exclusively for industrial use. If a subdivision has more than one designational use, the sidewalks shall be required continuously throughout the subdivision.
It is mandatory that sidewalks be constructed at the same time the curbs are constructed.
Sidewalks shall conform to the Canfield Typical Section Standard Appendix C.
Barrier Free Ramps must be installed at all intersections in accordance with the City of Canfield Standard Drawings in Appendix C. (Ord. 2001-13. Passed 3-21-01.)
(e)   Storm Water Drainage.  The developer must provide an OEPA issued Permit-To- Install prior to construction.
All necessary facilities, including underground pipe, inlets, catch basins and appurtenances as approved by the City Engineer shall be constructed to provide for the adequate disposal of subsurface, and surface water and maintenance of natural drainage courses. Storm drainage facilities within a subdivision shall either discharge to an existing storm sewer interceptor of adequate capacity or a natural drainage course capable of handling peak rates without causing flooding. Roof drains and any storm drainage shall not discharge to the street pavement.
All Retention/Detention facilities shall be completed and approved prior to commencement of construction of any subdivision within the City of Canfield.
Retention/Detention facilities located within 500' of an existing dwelling shall be landscaped to as near predevelopment conditions as possible. (Distance measured from outermost edge of interior slope to nearest existing habitable dwelling).
Prior to the acceptance of the subdivision by the Municipality, ownership and maintenance of any Retention/Detention facility within the subdivision shall be transferred to an association or legal entity and proper legal documents necessary for such transfer of dedication shall be prepared by the owner/developer of the subdivision and approved by Council.
Storm sewers shall be installed at a depth so that roof leader drains, drains from springs and swampy areas, are serviceable by gravity.
The minimum standards for storm sewers, Retention/Detention facilities, roadway ditches and drainage from curbed pavements are as specified in Appendix D. All drainage appurtenances shall conform to the standards of the City of Canfield, Ohio.
   The bedding material for ODOT Item 603 - pipe culverts, sewers, and drains, Type A, B, C, D, E, and F shall consist of washed gravel, size 57 or 67 in accordance with ODOT 703.01. No other material will be permitted. This is applicable to ODOT 706 and ODOT 707 pipes and culverts, excluding ODOT 706.05, 706.051, and 706.052 on slab bottoms or corrugated invert pipe. For these pipes and culverts, use structural backfill for bedding.
   Structural backfill, where required, shall consist of a granular sand, washed gravel, or a manufactured limestone meeting the requirements of ODOT 703.11, Type 1 meeting the graduation of ODOT 703.17. No other material will be permitted.
(Ord. 2008-17. Passed 7-9-08.)
(f)   Culverts and Bridges. When natural drainage channels intersect any street right-of- way, it shall be the responsibility of the subdivider to have satisfactory bridges and culverts designed and constructed. Where culverts are required, the following minimum requirements shall be observed:
      (1)   Design Storm Frequency.
         A.   Arterial Highway - 25 years
         B.   Collectors and residential roadways - 10 years
      (2)   Maximum Allowable Headwater for Design Storm.
         A.   Two (2) feet below edge of pavement for drainage area in excess of 100 acres and one (1) foot below edge of pavement for drainage areas less than 1000 acres.
         B.   Two (2) feet below the ground elevation adjacent to an occupied building for a 50 year storm.
      (3)   Method Used to Estimate Design Discharge. Method vary from empirical formulas to a variety of watershed model programs. Selecting the appropriate private method will depend on the information needed and the size of the area under study.
         Other methods to be considered are shown in Bulletin 45, as published by the Ohio Department of Natural Resources and the methods given by the Soil Conservation Service of the U.S. Department of Agriculture.
      (4)   Minimum Cover from Top of Pipe to Subgrade.
         A.   Rigid pipe - 9"
         B.   Flexible pipe - 12"
      (5)   Maximum Cover. The maximum allowable height is based on structural requirements for dead and live loads for various sizes of pipe.
      (6)   Maximum Allowable Culvert Outlet Velocity.
         A.   Bare Earth Channel - 5 fps
         B.   Rock Channel Protection - 18 fps
(g)   Water Lines and Water Supply.
      (1)   Public Water Supply. The developer must provide an OEPA issued Permit- to-Install prior to construction.
         Where a public water supply is reasonably accessible or required because of pollution problems, in the determination of the Commission, the subdivision shall be provided with a complete water distribution system, including a connection for each lot and appropriately spaced fire hydrants.
         The subdivider or developer shall observe all the requirements as set forth by local ordinance, requiring connections to the public water supply.
      (2)   Location and Construction of Individual Private Wells. Individual private wells shall be constructed where a water supply is reasonably non- accessible. All wells shall conform to the specifications of the Mahoning County Board of Health and the Ohio Environmental Protection Agency.
All abandoned wells shall be sealed in a manner that will render them watertight. (Ord. 2001-13. Passed 3-21-01.)
(h)   Sanitary Sewers. The developer must provide an OEPA issued Permit-to-Install prior to construction.
If a subdivision can be reasonably served by the extension of an existing public sanitary sewer, as determined by the Commission, the subdivider or developer shall provide a system of sanitary sewer mains and shall provide lateral connections for each lot.
Public sewer system extensions shall meet the requirements of the Ohio Environmental Protection Agency and detailed construction drawings shall be approved by the Ohio Environmental Protection Agency - Northeast District Office before construction may begin.
Where a public sewer system is not reasonably accessible, the subdivider may provide:
      (1)   A central treatment plant for the subdivision providing that the central treatment plant is in accordance with the Municipal requirements, Health Department requirements and the Ohio Environmental Protection Agency requirements. The subdivider shall provide the required approval to the Commission before final approval of the plat.
      (2)   Where the installation of an individual disposal system (on-site) is considered, the requirements of the Ohio Department of Health and the approval of the Mahoning County Board of Health shall be obtained and presented to the Commission.
   The bedding material for ODOT Item 603 - pipe culverts, sewers, and drains, Type A,B,C,D,E, and F shall consist of washed gravel, size 57 or 67 in accordance with ODOT 703.01. No other material will be permitted. This is applicable to ODOT 706 and ODOT 707 pipes and culverts.
   Structural backfill, where required, shall consist of a granular sand, washed gravel, or a manufactured limestone meeting the requirements of ODOT 703.11, Type 1 meeting the graduation of ODOT 703.17. No other material will be permitted.
(Ord. 2008-17. Passed 7-9-08.)
(i)   Boundary Monuments. Boundary monuments shall be set so that, upon completion of the survey, each corner of the property and each referenced control station will be physically monumented. When it is impossible or impracticable to set a boundary monument on a corner, the surveyor shall set a reference monument, similar in character to the boundary monument and preferably along one of the property lines which intersect the corner. When such a reference monument is used, it shall be clearly identified as a reference monument on the plat of the property and in any new deed description which may be written for the property.
Every boundary monument and/or reference monument set by the surveyor shall:
      (1)   Be composed of durable material.
      (2)   Have a minimum length of thirty inches.
      (3)   Have a minimum cross-section area of material of .20 square inches.
      (4)   Be identified with durable marker bearing the surveyor's Ohio registration number and/or name or company name.
      (5)   Be detectable with conventional instruments for finding ferrous or magnetic objects.
When a case arises, due to physical obstructions such as pavements, large rocks, large roots, utility cables, etc., so that neither boundary monument or a reference monument can be conveniently or practicably set in accordance with the above, then alternative monumentation, which is essentially as durable and identifiable (e.g., Chiselled "X" in concrete, drill hole, etc) shall be established for the particular situation.
(j)   Utilities and Other Improvements. Electrical service, gas mains and other utilities shall be provided underground within each subdivision and shall not be placed under the pavement surface except at crossings. Whenever such facilities are reasonable, accessible and available, they may be required to be installed within the area prior to the approval of the final plat. Trees, when plated within the street right-of-way, must meet the approval of the park, Shade Tree and Recreation Commission of the City with regard to location and types of trees.
(Ord. 2001-13. Passed 3-21-01.)
                                                                                                                             

1113.01 GUARANTEES.

(a)   Upon the receipt of notice of approval of the Final Plat by Council, but prior to review by Council, the Subdivider shall have executed and made available various documents which make assurances to the City of Canfield, Ohio that all required improvements will be completed as specified in these documents. The method of guarantee shall be in the form of the Subdivider’s Agreement which shall be a contract between the Subdivider and the City of Canfield.
As a part of the Subdivider’s Agreement, the Subdivider shall submit a Subdivision Bond based on the total estimated costs, as determined by the City Engineer, of the required public improvements.
In the case, where the Subdivider elects to construct improvements without a subdivision bond, the final plat approval will be withheld until satisfactory completion of the improvements, including the approval of the City Engineer, along with the presentation of letters of certification of payment in full of all contractors, subcontractors, suppliers of materials, consulting engineers, surveyors, and all inspection fees and all other similar fees incurred by the Subdivider.
The Subdivider who chooses to construct the improvements shall file the Subdivider's Agreement except that the subdivision bond will not be required.
(b)   Subdivider’s Agreement. The Subdivider shall execute a contract with the City of Canfield, Ohio, whereby they agree to construct or guarantee the construction of all required improvements in the subdivision, within a specified period of time, in accordance with these Subdivision Regulations. The Subdivider’s Agreement shall be prepared by the City of Canfield in accordance with all of the legal requirements of the City and shall contain the guarantee of the Subdivider to the posting of a Subdivision Bond, Maintenance Bond, and Inspection Fees to cover the costs of all required improvements included within the subdivision development.
(Ord. 2001-13. Passed 3-21-01.)

1113.02 SUBDIVISION BOND AND MAINTENANCE BOND.

(a)   Subdivision Bond and Performance Bond. The Subdivider shall post a Subdivision Bond, in the amount of One Hundred (100) Percent of the total estimated costs of the construction of the required improvements, as specified in these Subdivision Regulations in order to guarantee their proper installation. The City Engineer shall review the Subdivider’s construction cost estimate and determine if the estimated costs adequately reflect the costs of the required improvements as well as the time period that is likely to be required to construct all improvements and shall approve and certify in writing to the Planning Commission the arrangements of the Subdivider prior to the posting of the Subdivision Bond.
The City of Canfield, Ohio reserves the right to reject any Subdivision Bond which the City Engineer has determined to be unacceptable. The subdivision Bond shall not exceed a period of two (2) years unless mutually extended in writing by the Subdivider and the City of Canfield, Ohio.
The Subdivision Bond shall be made payable to and enforceable by the City of Canfield, Ohio and shall provide that the Subdivider, his heirs, successors and assignees, their agent or servants will comply with all applicable terms, conditions, provisions and requirements of these Subdivisions Regulations.
(b)   Maintenance Bond. Upon the completion of the required improvements, the Subdivider shall post a Maintenance Bond in the amount of ten (10) percent of the actual construction costs of the improvements. The dollar amount of the Maintenance Bond shall be reviewed and approved in writing by the City Engineer, prior to the actual posting of the Bond in order to assure that it is an accurate reflection of the improvement costs. The City Engineer shall approve and certify in writing that said improvements have been constructed and completed in a satisfactory manner.
No improvements shall be accepted by the Council until the Subdivider has posted an approved Maintenance Bond which shall extend for a period of two (2) years from the date of acceptance by the City in the case of all improvements.
(Ord. 2001-13. Passed 3-21-01.)

1113.03 COMPLETIONS AND PARTIAL COMPLETIONS OF SUBDIVISIONS COVERED BY SUBDIVISION BONDS.

(a)   Completions. Upon satisfactory completion of all the improvements as required in Article 400 of these regulations and the approval and certification in writing of the City Engineer that the improvements have been properly installed, along with the presentation of letter of certification of payment in full of all Contractors, Subcontractors, suppliers of materials, Consulting Engineers, Surveyors and all inspection fees or other similar fees incurred by the Subdivision Bond may be released. Authorization of the release shall be obtained in writing from the City upon direction of the Council.
(b)   Partial Completions. Upon satisfactory completion of specific individual improvements which comprise a part of the total improvements to be constructed within the Subdivision, and the approval and certification in writing of the City Engineer that said improvements have been properly installed along with the presentation of related letters of certification of payment in full of the involved Contractors, Subcontractors, suppliers of materials, Consulting Engineers, Surveyors and all related inspection fees or other similar fees incurred by the Subdivider, a reduction in the Subdivision Bond may be authorized; provided, however, that such reduction shall not reduce the balance of the bond below the estimated construction costs necessary to complete the remaining required improvements. Authorization of the release shall be obtained in writing from the City.
(c)   Progressive Installation. The Subdivider may apply for approval by the City of Canfield, Ohio and the recording of a completed portion of a Subdivision. Under such a progressive development procedure, the sale or lease of lots within the completed portion of the Subdivision may proceed only when that portion which has been approved by the City of Canfield, Ohio, has been recorded in the Office of the Mahoning Recorder.
(d)   Failure to Satisfactorily Complete Required Improvements. The Subdivider shall be in default of the Subdivider’s Agreement with the City of Canfield, Ohio when any one of the following conditions exist:
      (1)   In the event that the Subdivider has failed to satisfactorily complete the installation of the required improvements as specified in these Subdivision Regulations, in accordance with the terms and conditions of the Subdivider’s Agreement with the City of Canfield, Ohio.
      (2)   The Subdivider has failed to construct and/or install the required improvements in accordance with the minimum standards specified in these Subdivision Regulations, and is unwilling to modify, upgrade or reconstruct said improvements to conform with the requirements within a thirty day time period from notification.
      (3)   The improvements constructed and installed in the Subdivision have failed, deteriorated or have not functioned properly during the two (2) year time period immediately following their acceptance by the City of Canfield, Ohio due to the manner in which they were constructed and installed or when the required improvements are not in accordance with “record” drawings submitted to the City by the Subdivider and the Subdivider has failed to correct the deficiencies upon the request and instruction of the City of Canfield, Ohio.
(Ord. 2001-13. Passed 3-21-01.)
                                                                                                                           

1115.01 RECORDING OF PLAT.

No plat of any subdivision shall be entitled to be recorded in the office of the Recorder of Mahoning County or have any validity until it shall have been approved in the manner prescribed herein. In the event any such unapproved plat is recorded, it shall be considered invalid, and the Commission shall institute proceedings to have the plat stricken from the records of Mahoning County, State of Ohio.
(Ord. 2001-13. Passed 3-21-01.)

1115.02 SALE OF LAND IN SUBDIVISION.

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 by the use of a plan or plat of a subdivision before such plan or plat has been approved and recorded in a manner prescribed herein. Any sale or transfer contrary to the provisions of this section is void. 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 provision of these Regulations.
(Ord. 2001-13. Passed 3-21-01.)

1115.03 PERMITS.

(a)   Building or zoning permits shall not be issued for any structure on a lot in a subdivision for which a plat has not been approved and recorded in the manner prescribed herein.
(b)   No owner or agent of the owner of any land shall be entitled to permit for the installation of wells and septic tanks upon any lots in a subdivision for which a plat has not been approved and recorded in the manner prescribed herein.
(Ord. 2001-13. Passed 3-21-01.)

1115.04 PUBLIC IMPROVEMENTS.

The City hereby defines its policy to be that the City will withhold all public services of whatsoever nature, including the maintenance of streets and the maintenance of streets and the furnishing of sewage facilities and water service from all subdivisions which have not been approved, and from all areas dedicated to the public which have not been accepted by the Council in the manner prescribed herein.
(Ord. 2001-13. Passed 3-21-01.)

1115.05 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 Commission, and endorsed in writing on the plat, unless said plat is first resubmitted to Commission.
(Ord. 2001-13. Passed 3-21-01.)

1115.06 FEES.

(a)   At the time of submitting a preliminary plan, the subdivider shall pay a filing fee, and the amount of each fee shall be determined from the following schedule:
No. of Lots in Plat
Amount of Fee
2 - 5
$35.00
6 - 10
$40.00
11 - 15
$45.00
16 - 20
$50.00
21-25
$52.50
26 - 30
$55.00
31 - 35
$57.50
36 - 40
$60.00
41 - 45
$62.50
46 - 50
$65.00
51 - 75
$65.00 plus $1.00 per each lot in excess of 50
76 - 100
$90.00 plus $0.75 for each lot in excess of 75
Over 100
$108.75 plus $0.50 for each lot
in excess of 100
(b)   The filing fee shall be paid in legal tender or by certified check or money order made payable to the City of Canfield, deposited with the Treasurer or Finance Director for transfer to the general fund.
(c)   In addition to the above filing fee, the Subdivider shall submit a cash bond for the cost of engineering review by the City Engineer in the amount of One Thousand Five Hundred Dollars ($1,500.00) for all subdivisions. In the event minor review is required of the construction drawings, specifications and the plat, the remaining portion of the bond shall be refunded to the Subdivider. In the event major review is required by the City Engineer, and in the event greater cost than the cash bond is incurred, the Subdivider shall be billed for such additional costs.
(d)   In the event that a plat is disapproved by the Planning Commission before any physical inspection has been made, then the Commission may, at is discretion, order that the developer be refunded an amount not to exceed one-half (1/2) of the filing fee.
(e)   In addition to the above fee, the subdivider shall be charged a fee by the City for the cost of engineering inspection by the City Engineer for all improvements within the subdivision. When the Subdivider’s Agreement is executed, the subdivider shall deposit with the Treasurer or Finance Director an amount of money to pay for engineering inspections which is calculated as follows:
      (1)   For all improvements:
         7% of approved total construction cost.
The cost and expense of such inspection made by the City Engineer or his authorized representative, shall be paid from such deposit upon itemized bills rendered. In the case of such expenditures exceeding such deposit, the excess shall be invoiced to the subdivider for payment. Failure to make such payment within a reasonable time on behalf of the subdivider shall constitute withholding final approval of said plat. In the case of such deposit exceeding said expenditures, the balance will be refunded to the subdivider within a reasonable time after the completion of such inspection.
(Ord. 2001-13. Passed 3-21-01.)

1115.99 PENALTY.

(a)   Whoever violates these Regulations adopted by Council or fails to comply with an order, pursuant, thereto, shall forfeit and pay not less than Ten Dollars ($10.00) per day nor more than One Hundred Dollars ($100.00) per day. Such fine will commence from the date of notification to Council of the violation and terminate at such time the violation has been documented to Council as corrected. Such sum may be recovered with costs in a civil action brought in the Court of Common Pleas of the County.
(b)   Whoever, being the owner or agent 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 forfeit and pay the sum of not less than Ten Dollars ($10.00) nor more than One Thousand Dollars ($1,000.00) for each lot, parcel, or tract by metes and bounds in the deed or transfer shall not serve to exempt the seller from the forfeiture provided in this section.
(Ord. 2001-13. Passed 3-21-01.)