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Delphos City Zoning Code

TITLE ONE

Subdivision Regulations

1105.01 TITLE.

   These regulations shall be known and may be cited and referred to as the Subdivision Regulations of The City of Delphos, Ohio and shall hereinafter be referred to as “these regulations.”
(Ord. 2002-25. Passed 4-8-03.)

1105.02 ADMINISTRATION.

   These regulations shall be administered by the City of Delphos Planning Commission, hereinafter called the Planning Commission or the Commission.
(Ord. 2002-25. Passed 4-8-03.)

1105.03 PURPOSE.

   (a)   The purpose of these regulations is to provide for the harmonious development of the City by:
      (1)   Promoting the public health, safety, and general welfare of the citizens of the City of Delphos, Ohio;
      (2)   To promote the safe and efficient movement of people and goods;
      (3)   Furthering the orderly layout and use of land, according to its capability and suitability;
      (4)   Securing safety from fire, flood, panic and other dangers;
      (5)   Providing adequate light and air;
      (6)   To ensure the most beneficial relationship between the use and placement of land and buildings thereon;
      (7)   To promote optimal population density;
      (8)   Facilitating adequate provision for transportation, water, sewerage, drainage, schools, parks, playgrounds and other public requirements; and,
      (9)   Facilitating the further subdivision of larger tracts into smaller parcels of land.
               
   (b)   The provisions of these regulations are made with reasonable consideration of the character of the City of Delphos with a view of conserving the value of the buildings placed upon land, providing the best possible environment for human habitation, and encouraging the most appropriate use of land throughout the City.
(Ord. 2002-25. Passed 4-8-03.)

1105.04 JURISDICTION.

   (a)   Pursuant to Section 711 of the Ohio Revised Code, the Planning Commission shall adopt general rules, of uniform application, governing plats and subdivisions of land falling within its jurisdiction, to secure and provide for the proper arrangement of streets or other highways in relation to existing or planned streets or highways or to the Comprehensive Plan, for adequate and convenient open spaces for traffic, utilities, access of fire fighting apparatus, recreation, light, and air, and for the avoidance of congestion of population.
   (b)   These regulations shall be applicable to all residential, commercial, and industrial subdivision (plats) land within the incorporated areas of the City of Delphos. The submission of a plan for the subdivision of land intended for the development of a mobile home park, a planned unit development, or a commercial shopping center involving publicly dedicated roads or private drives as required by this section. The Planning Commission shall have the power of final approval of all plats.
(Ord. 2002-25. Passed 4-8-03.)

1105.05 RELATION TO OTHER LAWS.

   The provisions of these regulations shall supplement any and all laws of the State of Ohio, resolutions of the City of Delphos or any and all rules and regulations promulgated by authority of any such law or resolution relating to the purpose and scope of these regulations. Whenever the requirements of these regulations are at variance with requirements of any other lawfully adopted rules, regulations, ordinances, or resolution, the most restrictive or that imposing the higher standards shall govern except as provided in Section 1105.06 of these regulations.
(Ord. 2002-25. Passed 4-8-03.)

1105.06 AMENDMENTS.

   These regulations may be amended, after public hearings and other requirements as specified in the appropriate sections of the Ohio Revised Code.
(Ord. 2002-25. Passed 4-8-03.)

1105.07 SEPARABILITY.

   If, for any reason, any clause, sentence, paragraph, section, or other part of these regulations should be decided by a court of competent jurisdiction to be invalid, such judgment shall not affect the validity of these regulations as a whole or any part thereof, other than the part so held to be invalid.
(Ord. 2002-25. Passed 4-8-03.)

1105.08 VARIANCE.

   Where the Planning Commission finds extraordinary hardships or practical difficulties may result from strict compliance with these Regulations and/or the purposes of these Regulations may be served to a greater extent by an alternative proposal, it may approve variances to these Regulations so that substantial justice may be done and the public interest secured, provided such variance shall not have the effect of nullifying the intent and purpose of these Regulations; and, further provided that the Planning Commission shall not approve variances unless it shall make findings based upon the evidence presented to it in each specific case that:
   (a)   The granting of the variance will not be detrimental to the public safety, health, or welfare or injurious to other property;
   (b)   The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are not applicable generally to other property;
   (c)   Because of the particular physical surroundings, shape or topographic conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of these Regulations are carried out; and,
   (d)   The variances will not in any manner vary the provisions of the Zoning Ordinance, comprehensive plans, or other applicable guidelines and requirements of these Regulations.
(Ord. 2002-25. Passed 4-8-03.)

1107.01 DEFINITIONS.

   Interpretation of terms or words: For the purpose of these regulations, certain terms or words used herein shall be interpreted as follows:
   (1)   “Person” includes a firm, association, organization, partnership, trust, company or corporation as well as an individual.
   (2)   “Tense” The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular.
   (3)   “Shall” is a mandatory requirement.
   (4)   “May” is a permissive requirement.
   (5)   “Should” is a preferred requirement.
   (6)   “Used” means occupied, intended, designed or arrange to be used or occupied.
   (7)   “Alley” means a public right of way primarily for secondary access by vehicles to the rear or side of a property abutting on another street. Alleys shall not be approved in residential subdivisions, except where justified by extreme conditions. Alleys may be required in commercial and industrial districts if other provisions cannot be made for adequate service access. The minimum width for alleys shall be twenty (20) feet for the right-of-way and eighteen (18) feet for the pavement width.
   (8)   “Building setback line” means the line set at uniform distance from the front lot line or center line of the dedicated or acquired right of way beyond which no building is allowed to be built.
   (9)   “City Engineer” means the Safety Service Director or his designee.
   (10)   “Commission” means the Planning Commission of the City of Delphos.
   (11)   “Corner lot” means a lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if the extension of the side lot lines meet at an interior angle of less than 135 degrees.
   (12)   “Covenant” means a written promise or pledge.
   (13)   “Cul-de-sac” means a local street that has a single means of access and that terminates in a circular vehicular turnaround. Cul-de-sacs should be encouraged where feasible to the extent that they provide low traffic volumes and neighborhood identity. Lengths of cul-de-sacs are limited to 600 feet. An overall Development Plan containing more than three (3) cul-de-sacs and no through streets may be disapproved by the Planning Commission
   (14)   “Culvert” means a transverse drain that channels surface water under a bridge, street or driveway.
   (15)   “Density” means a unit of measurement, e.g. the number of dwelling units per acre of land
      A.   “Gross density” means the number of dwelling units per acre of land to be developed
      B.   “Net density” means the number of dwelling units per acre of land when, including only the acreage devoted to residential uses and exempting such uses as streets, etc.
   (16)   “Developer” means any individual, sub-divider, firm, association, syndicate, partnership, corporation, trust or any other legal entity commencing proceedings under these regulations to effect a subdivision of land hereunder for himself or for another.
   (17)   “Comprehensive Development Plan” means plan, or any portion thereof, adopted by the Planning Commission and/or the Board of Allen County Commissioners showing the general location and extent of present and proposed physical facilities including residential, industrial, and commercial uses, major streets, parks, schools and other community facilities. This plan established the goals, objectives and policies of the community.
   (18)   “Dwelling unit” means space within a building, comprising living, dining, sleeping room or rooms, storage closets, as well as space and equipment for cooking bathing and toilet facilities, all used by one family and its household employees.
   (19)   “Easement” means authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his property.
   (20)   “Flood Plain” means any area documented as having a one percent (1%) or greater change of flooding in any one year identified in the Flood Insurance Rate Maps (FIRM) published by the Federal Emergency Management Agency (FEMA) as being areas of special flood hazards subject to local Floodplain Management Regulations.
   (21)   “Improvements” means street pavement or resurfacing, curbs, gutters, sidewalks, water lines, sewer lines, storm drains, street lights, flood control and drainage facilities, street signs, utility lines, landscaping, and other related matters normally associated with the development of raw land into building sites.
   (22)   “Irrevocable Letter of Credit” means an agreement by a sub-divider or developer with the County Engineer for the amount of the estimated construction cost guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by the agreement and provisions of these regulations.
   (23)   “Location map (Vicinity)” means a map to the minimum scale of 1 to 24,000 (1:24,000) which portrays the subdivision to its surrounding area showing the relation and extent of the proposed subdivision to existing or platted rights of way, drainage and easements in order to better locate and orientate the subdivision under review.
   (24)   “Lot” means as parcel of land of sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street, or on an approved private street and may consist of:
      A.   A single lot of record
      B.   A portion of a lot of record
      C.   A combination of complete lots of records, or complete lots of record and portions of lots of record, or of portions of lots of record.
   (25)   “Lot, minimum area of” means the area of the lot exclusive of any portion of the right of way of any public or private street.
   (26)   “Lot measurements”. Measured as follows:
      A.   Average depth of a lot shall be considered to be the straight line distance between the midpoint of the front lot line or street right of way line and the midpoint of the rear lot line.
      B.   Average width of a lot shall be considered to be the straight line distance between the midpoints of the side lot lines.
   (27)   “Lot of record” means a lot which is part of a subdivision recorded in the office of either County Recorder, or a lot or parcel described by metes and bounds, the description of which has been so recorded.
   (28)   “Lot split” means a division of a parcel of land that does not require a plat to be approved by the Planning Commission according to ORC 711.131. The creation of a buildable lot of less than five (5) acres in size. The proposed minor subdivision shall be located along an existing public roadway and does not involve the opening, widening, or extension of any street or road. See. Minor subdivision.
   (29)   “Lot types.” Terminology used in these regulations with reference to corner lots, interior lots and through lots is as follows:
      A.   “Corner lot” means a lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if the extension of the side lot lines meet at an interior angle of less than 135 degrees.
      B.   “Interior lot” means a lot other than a corner lot with only one frontage on a street.
      C.   “Through lot” means a lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as double frontage lots and each frontage shall have a front yard.
      D.   “Reverse frontage lot” means a lot on which frontage is at right angles to the general pattern in the area. A reverse frontage lot may also be a corner lot. A lot having its rear lot line abutting the right of way of a street or a highway that prohibits access; its access is from a local or marginal access street.
   (30)   “Major subdivision” means a major subdivision is defined pursuant to Chapter 711 of the Ohio Revised Code as the creation of more than five parcels, inclusive, after the tract of record has been completely subdivided or which involve the opening, widening or extension of a street or road or easement of access.
   (31)   “Minor subdivision” means a division of a parcel of land that does not require a plat to be approved by the Planning Commission according to ORC 711.131. The creation of a buildable lot of less than five (5) acres in size. The proposed minor subdivision shall be located along an existing public roadway and does not involve the opening, widening, or extension of any street or road. (See Lot Split)
   (32)   “Monuments, markers and pins.” See Section 1113.03
   (33)   “Open space area” means the open space area may include, along with natural environment features, such as agriculture, flood plains, areas of natural vegetation, parks and recreation facilities, etc., parking lots and any other recreational facilities that the Planning Commission deems permissive. Streets, structures for habitation and the like, shall not be included.
   (34)   “Pad” means a building site prepared by artificial means, including, but not limited to, grading, excavation or filling or any combination thereof.(Same RPC)
   (35)   “Performance bond” means an agreement by a sub-divider or developer with the City Engineer for the amount of the estimated construction cost guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by the agreement and provisions of these regulations.
   (36)   “Planned Unit Development” means the zoning classification permitting flexibility of site design by combining building types and uses in ways that would be prohibited by the detailed predeterminations of traditional zoning standards, e.g., instead of lot-by-lot requirements, some such requirements are applied to an entire zoned area.
   (37)   “Plan” means a delineation, design or form of representation of anything drawn on a plane.
   (38)   “Planning Commission” means the Delphos Planning Commission.
   (39)   “Plat” mean a map or representation of a piece of land subdivided into lots with streets, alleys, etc., drawn to scale and subject to recording.
   (40)   “Professional Engineer” means any person registered to practice professional engineering by the State Board of Registration as specified in Section 4733.14, Ohio Revised Code.
   (41)   “Professional surveyor” means any person registered to practice surveying by the State Board of Registration in accordance with Section 4733.14, Ohio Revised Code.
   (42)   “Public way” means an alley, avenue, boulevard, bridge, channel, ditch easement, expressway, freeway, highway, lane, parkway street, subway, tunnel, viaduct, walk or other ways in which the general public or public entity have a right, or which are dedicated whether improved or not.
   (43)   “Registered engineer” means any person registered to practice surveying by the State Board of Registration in accordance with ORC 4733.14.
   (44)   “Registered surveyor” means any person registered to practice surveying by the State Board of Registration in accordance with ORC 4733.99.
   (45)   “Right of way” means a strip of land taken or dedicated for use as a public way.
   (46)   “Setback line” means the line set at uniform distance from the front lot line or center line of the dedicated or acquired right of way beyond which no building is allowed to be built. Front, rear, side yard.
   (47)   “Sewage treatment facility, on site” means a septic tank or similar installation on an individual lot which utilizes an aerobic bacteriological process or equally satisfactory process of the elimination of sewage and provides for the proper and safe disposal of the effluent, subject to the approval of health and sanitation officials having jurisdiction.
   (48)   “Sidewalk” means that portion of the road right of way, which is improved for the use of pedestrian traffic.
   (49)   “Sight Distance Triangle, Clear” means an area of unobstructed vision at street intersections, bounded by a line of sight (eye of the driver at three and three-quarters (3.75) feet above the road at the center line to an object six (6) inches in height) at the center line of the intersecting street; distances along the center line of the street by classification will determine the size of the triangle. No vegetation, structures, or ground shall project vertically into this area to restrict the view.
   (50)   “Street” means a public thoroughfare more than twenty feet wide. A public road is one which has been dedicated to the public use by the owner of the property and accepted by the local government for public use and maintenance. All streets or roads shall be built to the design and construction standards of the City Engineer as herein described. Private roads are simply easements of access and egress granted by the owner of the land to other maintained under private ownership typically a homeowner’s association. Such roads are permitted only in condominium and apartment complexes or industrial developments and do not provide required frontage for any further land division and are exempt from roadway design and construction standards as described herein.
      A.   “Alley” means a public right of way primarily for secondary access by vehicles to the rear or side of a property abutting on another street. Alleys shall not be approved in residential subdivisions, except where justified by extreme conditions. Alleys may be required in commercial and industrial districts if other provisions cannot be made for adequate service access. The minimum width for alleys shall be twenty (20) feet for the right-of-way and eighteen (18) feet for the pavement width.
      B.   “Arterial street.” Arterials are major thoroughfares designed to carry traffic between municipalities and other activity centers and to provide connections with major state and interstate roadways. No on-street parking shall be permitted.
      C.   “Collector street.” Collectors distribute traffic between lower order local roadways and higher order arterials. Their purpose is primarily to promote free traffic flow, and direct access for adjoining lots should be limited where possible. Collectors shall not be used for on-street parking, and may provide linkages to adjoining developments to improve circulation.
      D.   “Cul-de-sac” means a local street that has a single means of access and that terminates in a circular vehicular turnaround. Cul-de-sacs should be encouraged where feasible to the extent that they provide low traffic volumes and neighborhood identity. Lengths of cul-de-sacs are limited to 600 feet. An overall Development Plan containing more than three (3) cul-de-sacs and no through streets may be disapproved by the Planning Commission.
      E.   “Dead-end street” means a street having only one (1) inlet/outlet for vehicular traffic. Permanent dead-end streets shall not be permitted except as cul-de-sacs. Temporary Dead-end streets shall be permitted only as part of an approved Overall Development Plan.
      F.   “Local roadway.” Local Roadways provide access to residential, open space, commercial, industrial, or other abutting property. Local Roadways include Sub-collector Streets, Residential Streets, and Cul-de-sac Streets. Other local roadways are classified as special street types.
      G.   “Loop street” means a type of local street, each end of which terminates at an intersection with the same street from which it originated.
      H.   “Marginal access frontage street or service road” means a local or collector street, parallel and adjacent to an arterial or collector street, providing access to abutting properties and protection from arterial or collector streets.
      I.   “Residential.” Residential streets have a length of 1,000 feet or less, connect to only two (2) other streets and are the lowest order streets providing access to residential lots and carrying only the traffic generated by adjoining residential land uses. Residential subdivision should be developed so that the maximum number of housing units have frontage on local residential and cul-de-sac streets rather than on higher order roads.
      J.   “Stub street” means a temporary dead-end street having only one lot fronting on each side of the street.
      K.   “Subcollector.” Subcollectors are local streets designed to provide access to adjoining property and carry traffic between local residential streets or cul-de-sacs and higher order collectors and arterials. Subcollectors shall be provided when residential subdivisions exceed 100 single family dwellings, or the subdivision has only one entrance from a collector or arterial street.
   (51)   “Street plan” means the comprehensive plan by the Planning Commission indicating the general location recommended for arterial, collector and local streets.
   (52)   “Sub-divider” means any individual, sub-divider, firm, association, syndicate, partnership, corporation, trust or any other legal entity commencing proceedings under these regulations to effect a subdivision of land hereunder for himself or for another.
   (53)   “Subdivision” means the division of any parcel of land shown as a unit or as contiguous units on the last preceding tax roll, into two or more parcels, sites, or lots, any one of which is less than five acres for the purpose, whether immediate or future, of transfer of ownership, provided, however, that the division or partition of land into parcels of more than five acres not involving any new streets or easements of access, and the sale or exchange of parcels between adjoining lot owners, where such sale or exchange does not create additional building sites, shall be exempted.
   (54)   “Terrain classification” means the classification of terrain within the entire area of the preliminary plan as level, rolling, hilly or hillside for street design purposes. The classifications are as follows:
      A.   Level   Land which has a slope range of four percent (4%) or less.
      B.   Rolling   Land which has a slope range of more than four percent (4%) but not more than eight percent (8%).
      C.   Hilly   Land which has a slope range of more than eight percent (8%) but not more than fifteen percent (15%).
      D.   Hillside   Land which has a slope range of more than fifteen percent (15%).
   (55)   “Through lot” means a lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as double frontage lots and each frontage shall have a front yard.
   (56)   “Transportation Director” means the Director of the Ohio Department of Transportation
   (57)   “Variance” means a modification of the strict terms of the relevant regulations where such modification will not be contrary to the public interest and where owing to conditions peculiar to the property and not resulting in unnecessary hardship.
   (58)   “Vicinity map” means a map to the minimum scale of 1 to 24,000 (1:24,000) which portrays the subdivision to its surrounding area showing the relation and extent of the proposed subdivision to existing or platted rights of way, drainage and easements in order to better locate and orientate the subdivision under review.
      (Ord. 2002-25. Passed 4-8-03.)

1109.01 GENERAL.

   These regulations have been established in order to protect the public and the subdivider including his/her agents. By statute (See Chapter 711 of the Ohio Revised Code) the Planning Commission must consider all relevant aspects of a subdivision including feasibility, desirability, safety, roads, water, sewage, compliance with other regulations, and the physical capability and suitability of the land to support development. In this respect, specific periods of time have been established in order to allow reasonable and sufficient periods for public review and comment.
(Ord. 2002-25. Passed 4-8-03.)

1109.02 PURPOSE.

   The purpose of this chapter is to specify the procedures which must be followed in order to divide land in the City of Delphos, Ohio. This chapter articulates the procedures for four (4) basic types of land division; (1) major subdivision; (2) minor subdivision (lot split); (3) exempted land division; and, (4) replats.
(Ord. 2002-25. Passed 4-8-03.)

1109.03 MAJOR SUBDIVISIONS.

   (a)    Major Subdivision Defined. A major subdivision is defined pursuant to Chapter 711 of the Ohio Revised Code as the creation of more than five parcels, inclusive, after the tract of record has been completely subdivided or which involve the opening, widening or extension of a street or road or easement of access.
   (b)   Pre-Application Conference. Applicants interested in securing a major subdivision approval are strongly encouraged to establish a conference with the Zoning Inspector prior to submitting an Overall Development Plan to the Planning Commission. The purpose of this meeting is to discuss, early and informally the purpose and the effect of the subdivision regulations, as well as the procedures and requirements for subdivision approval. The Zoning Inspector may provide the applicant or their respective agent(s) with information relative to existing comprehensive land use plan, major thoroughfare or transportation plans, zoning resolutions and flood plain management regulations or other pending issues currently of concern. The Pre-Application Conference should be considered a conceptual review and a courtesy provided by the Planning Commission, and not part of any formal approval process.
   (c)   Overall Development Plan. The developer shall submit to the Planning Commission an Overall Development Plan showing all contiguous land owned by the developer and how all of the land is proposed to be used for development. The purpose of the Overall Development Plan is to provide the Planning Commission with sufficient information to evaluate the concept of a proposed major subdivision at an early stage in the process so as to allow such alterations in plans as may be necessary prior to the applicant incurring the costs required in the preparation of formal plats.
      (1)   Applications. Applications for Overall Development Plan review and/or approval shall be available at the office of the Planning Commission. All submittals shall comply with Section 1109.03.
      (2)   Overall Development Plan Contents. The applicant shall submit to the Planning Commission an Overall Development Plan legibly drawn a suitable scale (no smaller than 1" = 100') on 24"x36" paper and containing the following information:
         A.   Name for File Identification: The proposed development shall be given a name for identification purposes, such name being unique to the incorporated and unincorporated areas of the City of Delphos in order to avoid duplication and confusion with previously recorded plats. Also included shall be the names, addresses and telephone numbers of the applicant, developer, Professional Surveyor and Professional Engineer that surveyed the land and prepared the Plan.
         B.   Location and Description of Property: The Plan should document the location of property by quarter-section number, total acreage, township and range, and the boundary lines of the tract to be subdivided, as well as the scale, a north arrow, and the date of preparation. The subdivision name, quarter-section number, township and range numbers and township name shall be in bold 1-inch letters at top of Plan.
         C.   Preliminary Inventory and Analysis: The proposed subdivision should be presented in relation to existing community facilities, street transportation modes, shopping centers, manufacturing establishments, residential developments, educational/ recreational facilities and other existing man-made features, as well as location of wooded areas and other significant topographic and naturally occurring features within and adjacent to the plan for a minimum distance of four hundred (400) feet. Also included shall be the names of adjacent subdivisions and the names of owners of adjacent parcels of unplatted land.
         D.   Existing/Proposed Rights-of-Way: The layout of existing and proposed road and railroad rights-of-way, easements, corporation, section lines and township lines, as well as building setback lines with dimensions to street right-of-way lines. Label names (or designation) and widths of all right-of-way or easements.
         E.   Existing Utilities: The location of utilities adjacent to the proposed subdivision or the location of the nearest sources of water and outlets for public facilities for the disposal of sanitary and storm water from within the proposed subdivision showing their connections with the existing systems(s) shall be documented in the Plan.
         F.   Topography: The Overall Development Plan submittal shall include copies of the 400 scale County Engineer’s aerial photography with topography annotated to reflect the boundaries of the proposed subdivision and the watershed to be affected.
         G.   Flood Hazard Areas & Environmental Constraints: If any part of the proposed subdivision is subject to flooding, a line indicating the special flood hazard, or wetland shall be shown on the Plan. Other natural features of significant public interest sensitive to improvements shall also be indicated (Archeological, Cultural, Historical, HAZMAT).
         H.   Zoning: The current zoning classification of the tract as well as those adjacent parcels within four hundred (400) feet shall be indicated on the Plan.
         I.   Building Site Access: The Plan shall reveal the proposed means of vehicular access from the existing public right-of-way to the tract to be subdivided without trespass upon adjoining properties. The Plan shall indicate any bridges culverts or cross-over pipe installations required to provide access to a building site.
         J.   Proposed Development: The Plan shall document the proposed development with respect to and in consideration of Section 1109.03(c)(3)C. through 1109.03(c)(3)I. inclusive. The Plan should address the layout, proposed names or designations and widths of proposed streets, alleys and easement. Included shall be the layout, numbers and the approximate dimensions and square footage of proposed lots and typical section of proposed street. Development designed to be completed in phases shall identify the geographic area by placing a bold line around the area designated as “Phase I”.
         K.   Location Map: A location map at a scale of not less than two thousand (2,000) feet to the inch shall be shown on the plan. This map shall show the location of all adjacent streets, tract lines, and the nearest existing thoroughfares. It shall also show the most advantageous connections between the streets in the proposed subdivision and those of neighboring areas. The subdivision shall be to scale on this map.
      (3)   Submission To The Ohio Department of Transportation. Before any plan is approved affecting any land within three hundred (300) feet of the center line of a proposed new street or a street for which changes are proposed as described in the certification to local officials by the Ohio Department of Transportation or appropriate County Engineer of any land within a radius of five hundred (500) feet from the point of intersection of said center line with any public road or highway, the Planning Commission shall give notice, by registered or certified mail to the Ohio Department of Transportation or County Engineer. The Planning Commission shall not approve the plan for one hundred twenty (120) days from the date the notice is received by the Ohio Department of Transportation or the County Engineer. If acquisition at this time is not in the public interest, or upon the expiration of the one hundred twenty (120) day period, or any extension thereof agreed upon by the Ohio Department of Transportation or County Engineer and the property owner, the Planning Commission shall, if the plan is in conformance with all provisions of these regulations, approve the plan.
      (4)   Overall Development Plan Filing. The developer shall forward copies of the Overall Development Plan to the Planning Commission for purposes of study and recommendation. Said plans, correspondence and supplementary data shall be presented to the County Engineer, the County Sanitary Engineer, the County Soil and Water Conservation District, the City of Delphos Utilities Department, the City of Delphos Planning Commission, the County Health District, and the appropriate township and fire department.
      (5)   Zoning Inspector Review and Report. Upon receipt of a filed Overall Development Plan, and upon determining that the application is complete, the Zoning Inspector shall forward the application with the Zoning Inspector’s report to the Planning Commission for its review and action. The Zoning Inspector’s report shall reference all concept approval recommendations, the conclusions of reviewing offices and agencies and shall set forth his/her recommendations to the Planning Commission in a “Regulatory Compliance Report”.
      (6)   Planning Commission Consideration and Action.
         A.   Following receipt by the Zoning Inspector of a complete application for Overall Development Plan approval, the application, accompanied by the Zoning Inspector’s Regulatory Compliance Report, shall be placed on the Planning Commission agenda for consideration at the next regularly scheduled meeting. The Zoning Inspector shall send written notice of the date, time and location of the meeting to all affected public agencies and the political subdivision in which the proposed subdivision is located.
         B.   Within thirty (30) days of the submission to the Planning Commission of the complete application for Overall Development Plan approval, the Planning Commission shall approve or disapprove the Overall Development Plan or approve it with modifications, unless such time is extended by written agreement of the applicant.
         C.   The decision of the Planning Commission shall be in writing and as the basis for its action the Planning Commission shall take into consideration:
            1.   The conformity of the Overall Development Plan with the Purposes, Objectives, Standards and Criteria of these Regulations; and,
            2.    The conformity of the Overall Development Plan with all other applicable laws and rules as determined by concept review and reports requested from other offices and agencies having jurisdiction. (See subsection (c)(4) hereof.)
         D.   If the decision of the Planning Commission on the Overall Development Plan is for disapproval, the Planning Commission shall in its motion, as part of the record, state the reason or reasons for such disapproval, including the rules or provisions with which the Overall Development Plan does not comply. The refusal to approve shall be endorsed on the application and a copy of the plan shall be made a part of the record of the Planning Commission.
         E.   When the Overall Development Plan is approved by the Planning Commission, three (3) prints or copies of the plan shall be provided to and endorsed by the Planning Commission with one (1) forwarded to the County Engineer, one (1) held by the Planning Commission, and one (1) returned to the developer.
      (7)   Time Limit To Approved Development Plan. The approval of the Overall Development Plan shall be effective for the maximum period of thirty-six (36) months and shall guarantee that the terms under which the approval was granted will not be affected by changes to these regulations.
      (8)   Filing. The Overall Development Plan shall be considered officially filed on the day the application packet is received by the Planning Commission and shall be so dated. A filing fee shall be charged as indicated in Chapter 1191 to cover the cost of the review process.
   (d)   Construction Drawings. The purpose of the Construction Drawings is to provide the Planning Commission with sufficient detailed construction information to evaluate a major subdivision. The Plan should show all of the information needed to enable the Planning Commission to determine whether the proposed construction meets the standards and requirements of these Regulations.
      (1)   Construction Drawings Contents. The developer shall submit Construction Drawings to the Planning Commission legibly drawn at a scale as designated in the following sections. The drawings shall be submitted on sheets twenty-four by thirty-six (24 x 36) inches in size. Match lines shall be drawn when more than one sheet of each type is presented. All labeling and dimensioning shall be no smaller than 8-point type. The Construction Drawings shall contain the following information:
         A.   Title Sheet. The Title Sheet shall include the name of the subdivision, quarter-section number, township and range numbers, township name, the addresses and telephone numbers of the owner(s) of record, the developer, the Professional Engineer and the date of the boundary survey. Also included shall be a location map of the property showing the boundary lines, accurate to scale, of the tract to be subdivided. The title sheet must designate the scale of the location map as well as all other scaled sheets and have a north directional arrow as well as a signature block. The title sheet shall have on it the following note:
Note: The minimum requirements for construction shall be in accordance with the current volume of “Construction and Materials Specifications” of the State of Ohio Department of Transportation and the “Allen County Standard Construction Drawing.”
         B.   Site Plan. The Site Plan shall document the location, width, and names of all existing or platted streets or other public ways within or adjacent to the tract and other important features such as road and railroad rights-of-way, existing/proposed easements, section lines, corporation and township lines, pipe lines, pole lines, high tension lines, bridges, waterways, buildings, cemeteries, as well as noting building setback lines with dimensions to street right-of-way lines. The Site Plan also shall document existing topography with contours at two (2) foot intervals if the slope of the ground is fifteen (15%) or less; and not greater than five (5) feet where the slope is more than fifteen percent (15%); for a distance of one hundred (100) feet into the adjacent properties. Existing and proposed sewers (sanitary and storm), water lines and fire hydrants, open ditches, natural drainage courses, culverts and other underground structures and utility poles and lines within and adjacent to the tract. Streams, buildings, wooded areas or other features likely to affect the Plan. All contours shall be on U.S.G.S. datum. Scale of Site Plan shall be no smaller than 1" = 100'.
The Site Plan shall delineate the layout, identification numbers, dimensions and square footage of proposed lots. Also required for compliance purposes is the calculated square footage of irregular or panhandle lots without their narrow appendages.
         C.   Drainage Plan. The Drainage Plan shall reveal the proposed lot drainage, grading, and watershed in order to eliminate the possibility of exceeding existing sewer capacity and potential flooding. The Drainage Plan shall include:
            1.    Watershed, lines broken down by catch basin system;
            2.    All data listed in Appendix B, Article IV; and,
            3.    Drainage calculations as determined in Appendix B attached with Drainage Plan.
         D.   Plan and Profile Sheets. The Plan and Profile Sheets shall be prepared in accordance with applicable design standards of Chapter 1111 showing all pertinent elevations, grades and locations of proposed roadways, sewers, waterlines and their appurtenances. Documented shall be the scale and directional arrow. Also to be documented shall be the radii, internal angles, points of curvature, tangent bearings, lengths of arcs and lengths and bearings of chords of all applicable streets within the proposed development. Plan scale shall be no smaller than 1" = 20'.
         E.   Cross-Section Sheets. Cross-sections of all roadways will be required at intervals of every one hundred (100) feet. Cross-sections will also be required at all existing and proposed manholes, cross-over pipes under roadways and at catch basins.
            1.    The cross-sections shall be taken during an actual field survey of the existing land surface extending from the centerline of the proposed roadway to ten (10) feet beyond the proposed right-of-way lines.
            2.    Cross-sections shall show existing and proposed land surfaces, roadside ditches and all above-ground and below-ground improvements including waterlines, sewers, manholes, catch basins, culverts with their necessary elevations, grades and designations.
            3.    Cross-sections shall be drawn to horizontal and vertical scales of one (1) inch equals five (5) feet. (1"=5')
         F.   Typical Section Sheet. The typical section of the proposed roadway shall show proposed construction items and all pertinent dimensions and shall be drawn to horizontal and vertical scales of one (1) inch equals five (5) feet. (1"=5').
         G.   Construction Details Sheet. All Standard Construction Drawings, (roadways, storm sewers, waterlines, and sanitary detail drawings) that apply to the proposed subdivision shall appear on this sheet.
      (2)   Submission of Construction Drawings.
         A.   The developer shall forward copies of the Construction Drawings and Overall Development Plan to the Planning Commission for purposes of study and recommendation. Said plans, correspondence and supplementary data shall be presented to the County Engineer, the County Sanitary Engineer, the County Soil and Water Conservation District, the City of Delphos Utilities Department, the City of Delphos Planning Commission, the County Health District, and the appropriate township and fire department.
         B.   The developer shall submit the Construction Drawings and the Overall Development Plan three (3) weeks prior to a regularly scheduled Planning Commission meeting in order to allow enough time for the required review process.
      (3)   Zoning Inspector Review and Report. Upon receipt of the filed Construction Drawings, and upon determining that the application is complete, the Zoning Inspector shall forward the application with the Zoning Inspector’s report to the Planning Commission for its review and action. The Zoning Inspector’s report shall reference all concept approval recommendations, the conclusions of reviewing offices and agencies and shall set forth their recommendations to the Planning Commission in a “Regulatory Compliance Report”.
      (4)   Planning Commission Consideration & Action.
         A.   Following receipt by the Zoning Inspector of a complete set of Construction Drawings, the plans shall be placed on the agenda for consideration at the next regularly scheduled meeting. The Zoning Inspector shall send written notice of the date, time, and location of the meeting to all affected public agencies and the Political Subdivision in which the proposed subdivision is located.
         B.   Within thirty (30) days of the submission to the Planning Commission of the complete set of Construction Drawings, the Planning Commission shall approve or disapprove the Construction Drawings or approve with modifications, unless such time is extended by written agreement of the applicant.
         C.   The decision of the Planning Commission shall be in writing and as the basis for its action the Planning Commission shall take into consideration:
            1.    The conformity of the Construction Drawings with the Purposes, Objectives, Standards and Criteria of these Regulations; and,
            2.    The conformity of the Construction Drawings with the Overall Development Plan and with all other applicable laws and rules as determined by concept review and reports requested from other offices and agencies having jurisdiction.
         D.   If the decision of the Planning Commission on the Construction Drawings is for disapproval, the Planning Commission shall in its motion, as part of the record, state the reason or reasons for such disapproval, including the rules or provisions with which the Construction Drawings do not comply. The refusal to approve shall be endorsed on the application and a copy of the plan shall be made a part of the record of the Planning Commission.
         E.   When the Construction Drawings are approved by the Planning Commission, three (3) prints or copies of the plan shall be provided to and endorsed by the Planning Commission with one (1) forwarded to the County Engineer, one (1) held by the Planning Commission, and one (1) returned to the developer.
      (5)   Approval Period. The approval of the Construction Drawings shall be effective for a period of twelve (12) months and shall guarantee that the terms under which the approval was granted will not be affected by changes to these regulations. The Planning Commission may extend the approval period upon receiving a letter from the developer, subject to resubmittal for review and payment of the fees for another twelve (12) month period.
      (6)   Preconstruction Meeting. A meeting shall be held, before construction begins, with all governing agencies and utility companies. The consultant is to make notification to agencies and bring copies of the approved Construction Drawings.
      (7)   Regulations Governing Improvements. The drawings and specifications of improvements in the proposed subdivision shall be a set of construction and utility plans prepared by a Professional Engineer, registered in the State of Ohio. The plans shall include typical sections, plans and profile views, cross-sections, construction details, design calculations and estimates of quantities. All typical sections and major engineering details to be used on any particular street shall be approved in advance by the City Engineer or firm before the Planning Commission approves the plans. Construction Drawings with all approved revisions shall be received by the City Engineer before the construction may begin. Prior to granting of approval of the Final Plat, the developer shall have installed the minimum required improvements for the subdivision or if the required improvements have not been installed, the developer shall file a performance bond in the amount of one hundred percent (100%) of the estimated construction cost of the installation of the improvements. The bond shall be in the form as established by the Planning Commission, and shall be subject to the approval of the Planning Commission, or shall have furnished a performance bond of the amount of the estimated construction cost of the ultimate installation and the initial maintenance of the improvements. Before the performance bond is accepted, it shall be approved by the proper administrative officials.
      (8)   Completion of Construction. Upon completion of the construction as shown on the drawings, the Planning Commission may conditionally accept the improvements made by the owner or developer. This acceptance is conditioned upon: (1) the posting of a maintenance guarantee bond; and, (2) submission of a set of “As Built” drawings.
      (9)   Maintenance Bond. The developer shall guarantee all of the required subdivision improvements for a period of two (2) years from the date such improvements are given conditional approval. This guarantee shall include any and all defects and deficiencies in workmanship and materials. The developer shall be responsible for the cost of all labor, materials, equipment and other incidentals required to maintain, repair and replace any or all of such improvements and to maintain them in good and proper condition, excluding ordinary wear and tear and damage by utility companies, but including filing trenches and restoring lawns, yards, streets, sewers, waterlines, pipelines, and other original installations during the two (2) years guarantee period. In the event the developer fails to make such maintenance, repairs or replacements within thirty (30) days after notice in writing by the Planning Commission, or in the event of an emergency which may endanger life or property, the Planning Commission may authorize the government agency that requested the maintenance, repairs or replacements to make or cause to be made, such maintenance, repairs or replacements at the expense of such developer. In order to indemnify the Planning Commission for the expense of any such repairs or replacements made by or at the direction of a government agency, a guarantee shall be made by filing with the Planning Commission satisfactory evidence of one of the following as a bond in an amount equal to ten percent (10%) of the construction cost of all installations of improvements, or a minimum of $10,000, whichever is larger.
         A.   A maintenance bond;
         B.   A certified check; or
         C.   A Certificate of Deposit or an Irrevocable Letter of Credit made out to the Planning Commission.
      (10)   Final Acceptance.
         A.   The Planning Commission will accept and review the documents and recommendations from all reviewing agencies.
         B.   The agency having jurisdiction will accept improvements at the end of the two (2) year maintenance period provided there are no outstanding problems that need to be accepted, and will make recommendation for final acceptance.
   (e)   Final Plat. The subdivider shall submit a Final Plat of the subdivision. If the Construction Drawings have been previously approved, or conditionally approved, the Final Plat shall conform to the Construction Drawings or incorporate required changes as the case may be. The Final Plat shall be prepared by a Professional Surveyor, registered in the State of Ohio.
   The purpose of a final Plat is to ensure that all conditions, engineering plans, and other requirements have been completed or fulfilled and that required improvements have been installed, or guarantees properly posted for their completion, prior to recording the Final Plat of the Subdivision.
      (1)   Final Plat Application. The developer having received approval or conditional approval of the Construction Drawings of the proposed subdivision may submit an application for approval of a Final Plat to the Planning Commission prior to the next meeting date of the Planning Commission. An application shall be considered officially submitted and filed when the Zoning Inspector finds that the application is complete.
      (2)   Final Plat Contents. The Final Plat shall conform to the Overall Development Plan and Construction Drawings. The Final Plat and the supplementary information shall be prepared by a Professional Surveyor. The Final Plat shall be submitted on mylar. It shall be drawn at a scale of not less than one hundred (100) feet to the inch, and shall be eighteen by twenty-three (18 x 23) inches in size with a two (2) inch margin on the left side (eighteen inch side) for binding. All labeling and dimensioning shall be no smaller than 8-point type. Each sheet shall be numbered and the relation of one sheet to another clearly shown. The Final Plat submission shall consist of: (1) the Final Plat; (2) the Dedicator’s Plat; and, (3) the Covenants, Restrictions, and Statement. Signature Blocks designated in Chapter 1117 of these Regulations shall contain the following information:
         A.   Name and Description of Property. The name of the subdivision, location by quarter-section, range and township, or by other survey number, date, north arrow, scale, and acreage. If the development lies in more than one section, acreage is to be broken down by section. The name, address and telephone number of the developer and the Professional Surveyor who prepared the plat, and appropriate state registration number and seal shall also be provided. In addition, a signature block shall be provided as required in Chapter 1117.
         B.   Boundaries. Plat boundaries based on accurate traverse, with angular and linear dimensions related to original section stones or established section corners shall be provided. All dimensions, linear and angular, shall be determined by an accurate control survey. The minimum boundary survey requirements on the final plat and dedicator’s plat shall be as required by the Standards Governing Conveyances of Real Property in Allen County, Ohio, and The Minimum Standards for Boundary Surveys in the State of Ohio (effective May 1, 1980) as issued by the State Board of Registration for Professional Engineers and Surveyors, as provided for in Ohio Revised Code, Section 4733.07. The plat shall document bearings and distances to the nearest established street lines or other recognized permanent monuments.
         C.   Streets and Lot Lines. Exact locations, rights-of-way, and names of all streets within and adjoining the plat, and building setback lines. The radius, internal angles, points of curvature, tangent bearings, lengths of arcs, and lengths and bearings of chords of all applicable streets within the plats. In addition, all lot lines with bearings shown in degrees, minutes, seconds, and lengths shown in feet and hundredths of feet.
         D.   Definition of Easement Lines. The Final Plat shall document all easements and rights-of-way provided for public services or utilities, and shall be properly identified as to use and geometrically shown on the Final Plat. Non-parallel easement lines shall be delineated where they intersect all lot lines, street lines or section lines.
         E.   Monuments. All monuments should be in place at the time of final inspection approval of the subdivision, but no later than six (6) months from recording of the final Plat. Certification by a Professional Surveyor to the effect that the plat represents a survey made by the surveyor, that the monuments shown thereon exist as located and that all dimensional details are correct. The location and description of all monuments, markers, and pins shall be as specified in Chapter 1113.03.
         F.   Public Areas. Accurate outlines of areas to be dedicated or reserved for public use, or any area to be reserved for the common use of all property owners. The use and accurate boundary locations shall be shown for each parcel of land to be dedicated.
         G.   Restrictions and Covenants. Restrictions and covenants that the developer intends to include with the deeds to the lots in the subdivision.
         H.   Dedicator’s Plat. A Dedicator’s Plat shall be included showing the boundary of all land owned by the developer including land adjacent to the proposed subdivision, but excluding the proposed subdivision itself.
         I.   Notarized Certification. Notarized certification by the owner or owners of the adoption of the plat and the dedication of streets and other public areas.
         J.   Statements and Signatures. Statements and signature blocks as designated in Chapter 1117 of these regulations.
      (3)   Filing of the Final Plat. The Final Plat shall be filed with the Planning Commission, County Engineer, and the County Health District not later than twelve (12) months after the date of approval of the Construction Drawings. The Planning Commission may extend the approval period for the Final Plat for an additional twelve (12) months upon receiving a letter from the developer.
      (4)   Approval of the Final Plat. The Planning Commission shall approve or disapprove the final Plat within thirty (30) days after it has been filed, or within such further time as a developer may agree to. If the plat is disapproved, the grounds for disapproval shall be stated in the records of the Planning Commission and a copy of said record shall be forwarded to the developer. The Planning Commission shall not disapprove the final Plat if the developer has done everything that he was required to do and has proceeded in accordance with the conditions and standards specified in the approved preliminary plan and Construction Drawings. If disapproved, the developer shall make the necessary corrections and resubmit the final Plat within thirty (30) days to the Planning Commission for its final approval. If a plat is refused by the Planning Commission, the developer submitting the plat which the Planning Commission refused to approve may file a petition within sixty (60) days after such refusal in the Court of Common Pleas in the county in which the land described in said plat is situated to reconsider the action of the Planning Commission.
      (5)   Recording of Approved Final Plat. Upon approval of the Final Plat submission by the Planning Commission, inked mylar tracings with original signatures shall be presented by the developer to the County Engineer’s Tax Map Office for approval of transfer after which the plat may be transferred to the County Auditor then presented to the County Recorder for record. Recordings shall take place within six (6) months of Final Plat approval by the Planning Commission. If construction on the subdivision has not been completed, a bond or letter of credit shall be approved by the Planning Commission before Final Plat may be recorded, in accordance with Chapter 1109.03 (d)(7).
      (6)   Replats. A replat is an alteration of existing lot lines or other conditions to all or part of an existing platted subdivision.
         A.   Application and Contents. If a developer and/or owner(s) wish to replat, the following procedure shall be followed: (1) the applicant shall submit to the Zoning Inspector a Final Plat complete with all the information required in Chapter 1109.04 (B) of these Regulations; and, (2) where lots being replatted have existing structures located on the parcel, then a separate dimensionally accurate sketch prepared by a Professional Surveyor documenting the revised lot lines, together with the outlines of such structures, shall be submitted.
         B.   Submittal and Review Process. A replat petition is considered officially submitted and filed once all required information is submitted to the Zoning Inspector. All required information for a proposed replat must be submitted thirty (30) days prior to the next regularly scheduled meeting of the Planning Commission.
         C.   Approval of the Replat. The Planning commission shall approve or disapprove the replat within thirty (30) days after it has been filed, or within such further time as a developer may agree to. If the replat is disapproved, the grounds for disapproval shall be stated in the records of the Planning Commission and a copy of said record shall be forwarded to the developer. If disapproved, the developer shall make the necessary corrections and resubmit the replat within thirty (30) days to the Planning Commission for its final approval. If a replat is refused by the Planning Commission, the developer submitting the replat which the Planning Commission refused to approve may file a petition within sixty (60) days after such refusal in the Court of Common Pleas to consider the action of the Planning Commission.
         D.   Recording of Approved Replat. Upon approval of the final replat submission by the Planning Commission, the inked mylar tracings with original signatures shall be presented by the developer to the County Engineer’s Tax Map Office for approval of transfer after which the replat may be transferred to the County Auditor then presented to the County Recorder for record. Replats involving absorption of dedicated street rights-of-way requires a vacation of street right-of-way.
      (7)   As-builts. As-built plats must be submitted to the City of Delphos Planning Commission when the Final Plat is approved and at any other times as deemed necessary.
(Ord. 2002-25. Passed 4-8-03.)

1109.04 MINOR LAND DIVISION (LOT SPLIT).

   (a)   Minor Land Division (Lot Split) Defined. A minor division of land or lot split is defined pursuant to Ohio Revised Code, Section 711.131 as the division of parcels less than five (5) acres in size which do not involve the opening, widening or extension of any street or road, or easement of access and does not involve more than five (5) lots, including the remainder of the original tract.
   (b)   Pre-Application Conference. Applicants for a minor land division are strongly encouraged to meet with the Zoning Inspector prior to submitting a Minor Land Division Application. The purpose of this meeting is to discuss early and informally the purpose and effect of those regulations and to familiarize the applicant with applicable zoning regulations; floodplain regulations; soil drainage and sewage issues and, available water systems within the City. It will also acquaint the applicant with local and county-wide comprehensive plans as well as the review and approval process.
   (c)   Application Minor Land Division. Applications for minor land division review and/or approval are available at the office of Planning Commission. The completed application form for minor land division under five (5) acres must also contain a deed for proposed minor land division, a survey and a legal description.
      (1)   The applicant must submit a survey prepared by a Professional Surveyor in the State of Ohio and which delineates the dimensions of the proposed parcel. Also included are to be the dimension and location of proposed lot lines and property corners by iron pins, corner posts, and/or other monuments. Existing structures, easements, public facilities, direction of drainage, bodies of water (including intermittent and perennial streams and rivers) and road right-of-way. In addition, the survey should document the 100 year floodplain boundary and floodway, if it exists, anywhere in the original tract, with the FIRM panel number and flood zone noted on the application form. Said survey shall have been approved for compliance with the Standards Governing Conveyances of Real Property in Allen County, Ohio.
      (2)   The applicant must submit all applicable fees as established by the Planning Commission.
   (d)   Submittal and Review Process. Applications are considered officially submitted and filed once all required and pertinent information is submitted to the Zoning Inspector. The Zoning Inspector will review the proposed division(s) of a parcel and within seven (7) working days either approve or deny the minor land division. The review and approval of a minor land division under five (5) acres is required and may be granted when such minor land division is: (1) located along an existing public road and involves no opening, widening or extension of any street or easement of access; (2) when no more than five (5) lots are proposed, including the remainder of the original tract; (3) conforms to width to depth ratio which does not exceed 1:3 or complies with Schedule A in Appendix C of these Regulations; and, (4) the proposed land division, including the remainder of the original tract, is not contrary to any other applicable subdivision or zoning regulations.
      (1)   Approval: Once an application is officially submitted and filed, the Zoning Inspector shall review the proposed division(s) of a parcel, and if satisfied that such proposed division(s) is (are) not contrary to applicable platting, subdividing or zoning regulations, shall, within seven (7) working days, approve such proposed division and upon conveyance for said parcel(s) shall stamp the same “Approved by the Planning Commission: No Plat Required” and sign and date.
      (2)   Denial: Minor Land Divisions which are denied by the Zoning Inspector pursuant to these Regulations may be brought before the Planning Commission for consideration of a variance from these regulations pursuant to Chapter 1105.09.
(Ord. 2002-25. Passed 4-8-03.)

1109.05 EXEMPTED LAND DIVISION.

   (a)   Exempt Land Division Defined. These regulations recognize exempted land divisions. Exempted land division do not count against the four minor lot splits. Exempted land division have inherent restrictions associated with their respective exemption pursuant to Chapter 711 of the Ohio Revised Code. The various exempted land divisions are as follows.
      (1)   The sale or exchange of parcel(s) less than five (5) acres between adjoining lot owners may qualify as exempt land divisions. Such divisions shall be considered exempt given the following circumstances: (1) the new lot(s) conform to the width to depth ratio which does not exceed 1:3 or complies with Schedule A in Appendix C of these Regulations; and, (2) the proposed land division, including the remainder of the original tract, is not contrary to any other applicable regulations.   
      (2)   The creation of parcel(s) five (5) acres or more in size may qualify as exempt land divisions. Such divisions shall be considered exempt given the following circumstances; (1) it can be clearly demonstrated that the parcel(s) has direct frontage on an existing public road and does not create any new access of easement; and, (2) the proposed land division is not contrary to any other applicable regulations.
      (3)   The creation of agricultural parcel(s) may qualify as exempt land divisions. Such divisions shall be considered exempt given the following circumstances: (1) the division is five (5) acres or more; (2) it is clearly documented that the parcel(s) shall be used exclusively for agricultural purposes only with no residential, commercial or industrial structures, activity or development of any kind permitted and is so stated on the deed; (3) the proposed land division includes direct access onto a public road or has an easement of access; and, (4) the proposed land division, including the remainder of the original tract, is not contrary to any other applicable regulations.
      (4)   The Planning Commission shall require that deed restrictions be placed on the property limiting the use of the parcel to only agricultural buildings or uses. The deed shall state that “The grantees, their heirs, and assigns do hereby acknowledge and agree that this conveyance is subject to the covenant and agreement of the grantees, their heirs, and assigns and the agricultural parcel(s) does not constitute a building site and that no buildings, except agricultural buildings shall be constructed on said premises without the prior written approval of the Planning Commission.” The agricultural parcel may be changed to another use at a later date if the lot meets with all applicable regulations. Should the agricultural parcel be petitioned for a change in use, the Planning Commission must review the parcel to ensure that it meets all applicable regulations.
   (b)   Application for Exempted Land Division. Applications for an exempted land division review and/or approval are available at the office of the Planning Commission. The completed application form must contain a deed of proposed exempted land division, a survey and a legal description.
      (1)   The applicant must submit a survey by a Professional Surveyor in the State of Ohio revealing the establishment of existing and proposed lot lines, property corners by iron pins, corner posts and/or other monuments. Survey shall have been approved for compliance with the Standards Governing Conveyances of Real Property in Allen County, Ohio.
      (2)   The applicant must submit all applicable fees as established by the Planning Commission.
   (c)   Submittal and Review Process. Applications are considered officially submitted and filed once all required and pertinent information is submitted to the Zoning Inspector. The Zoning Inspector will review the proposed division(s) of a parcel and within seven (7) working days either approve or deny the exempted minor land division.
      (1)   Approval: Once an application is officially submitted and filed, the Zoning Inspector shall review the proposed division(s) of a parcel, and if satisfied that such proposed division(s) is (are) not contrary to applicable platting, subdividing or zoning regulations, shall, within seven (7) working days, approve such proposed division and upon conveyance for said parcel(s) shall stamp the same “Exempted Minor Land Division. Approved by the Planning Commission” and sign and date.
      (2)   Denial: Minor Land Divisions which are denied by the Zoning Inspector pursuant to these Regulations may be brought before the Planning Commission for consideration of a variance from these Regulations pursuant to Section 1105.09.
(Ord. 2002-25. Passed 4-8-03.)

1111.01 GENERAL STATEMENT.

   (a)   The regulations in Sections 1111.02 to 1111.17 inclusive, shall control the manner in which street, lots and other elements of a subdivision are arranged on the land. These design controls shall help insure convenient and safe streets, creation of usable lots, provision of space for public utilities and reservation of land for recreational uses. The planning of attractive and functional neighborhoods shall be promoted, minimizing the undesirable features of unplanned, haphazard growth.
   (b)   The Planning Commission has the responsibility for review of the design of each future subdivision early in its design development. The Planning Commission shall ensure that all of the requirements of Sections 1111.02 to 1111.17 inclusive, are met.
(Ord. 2002-25. Passed 4-8-03.)

1111.02 CONFORMITY TO DEVELOPMENT PLANS AND ZONING.

   The arrangement, character, width and location of all arterial and collector thoroughfares or extensions thereof shall conform with the Major Thoroughfare Plan of the Planning Commission Thoroughfares not contained in the aforementioned plan shall conform to the recommendation of the Planning Commission based upon the design standards set forth in Sections 1111.02 to 1111.11, inclusive. In addition, no final plat of land within the area in which an existing zoning ordinance (resolution) is in effect should be approved unless it conforms with the Zoning Ordinance.
(Ord. 2002-25. Passed 4-8-03.)

1111.03 SUITABILITY OF LAND.

   If the Planning Commission finds that the land proposed to be subdivided is unsuitable for subdivision development due to conditions which may endanger health, life, or property as determined by investigations conducted by the public agencies concerned; then it is determined that in the best interests of the public the land should not be developed for the purpose proposed.
(Ord. 2002-25. Passed 4-8-03.)

1111.04 STREET DESIGN.

   The arrangement, character, extent, width, grade construction and location of all streets shall conform to the Major Thoroughfare Plan of the Planning Commission or subsequent amendments thereto, and shall be considered in their relationship to existing and planned streets, topographical conditions, and public convenience and safety and in their appropriate relation to the proposed uses of the land to be served by such streets. The street pattern shall discourage through traffic in the interior of the subdivision, except on collector or subcollector streets designed to convey traffic to the exterior of the subdivision. The subdivider shall provide within the boundaries of the subdivision plat, the necessary right-of-way for the widening, continuance or alignment of such streets in conformity with the Major Thoroughfare Plan of the Planning Commission.
(Ord. 2002-25. Passed 4-8-03.)

1111.05 STREET DESIGN STANDARDS.

   The design and improvement standards contained in TABLE 1 are suggested as minimum design standards. All streets shall be designed and constructed in accordance with the standards specified in TABLE 1 and Appendix A and B.
(Ord. 2002-25. Passed 4-8-03.)

1111.06 HORIZONTAL ALIGNMENT.

   When there is an angle of deflection of more than five degrees (5°) between two (2) center line tangent sections of a street, a curve of adequate radius shall connect them (See TABLE 1). A minimum tangent between reverse curves should be fifty (50) feet for collector streets.
(Ord. 2002-25. Passed 4-8-03.)

1111.07 VERTICAL ALIGNMENT.

   (a)   All changes of grade shall be connected by vertical curves of minimum length in feet equal to twenty (20) times the algebraic difference in the rate of grade for arterials and industrial streets; for collector and local streets, fifteen (15) times. The minimum length of vertical curves shall be fifty (50) feet. See TABLE 1 for maximum grade change without vertical curves.
   (b)   Minimum vertical visibility shall conform to TABLE 1 of these Regulations and the Ohio Department of Transportation’s regulations in effect on the date of approval of the preliminary plan.
   (c)   No street grade shall be less than one-half percent (0.5%), except at sag and crest points of vertical curves, and in no case shall a street grade be more than three percent (3%) within one hundred (100) feet of an intersection.
(Ord. 2002-25. Passed 4-8-03.)

1111.08 INTERSECTION DESIGN STANDARDS.

   (a)   The design and improvement standards for intersections are suggested minimum standards for all street intersections in the subdivision. These standards are included in the Street Design Standards, TABLE 1. Streets shall remain tangent for at least one hundred (100) feet beyond the point of intersection for collector streets and fifty (50) feet for local streets. The angle of intersection shall be between seventy-five degrees (75°) and ninety degrees (90°), with a ninety degree (90°) intersection preferred.
   (b)   Multiple intersections involving junctions of more than two (2) streets shall not be permitted.
(Ord. 2002-25. Passed 4-8-03.)

1111.09 STREET CLASSIFICATION SYSTEM.

   For the purposes of administration, design and enforcement these regulations recognize the hierarchical classification of area roadways within the Federal Functional Classification System recommended and approved by the Lima-Allen County Regional Planning Commission, the Ohio Department of Transportation (ODOT) and the Federal Highway Administration (FHWA). The functional classification of area roadways has been somewhat abbreviated herein with specific distinctions within the higher order roadways collapsed. These regulations recognize arterial and collector roadways as higher order roadways eligible for federal funding. Those roadways classified as local roadways are, by default, those roadways which have not been identified as eligible for federal funding.
   (a)   Arterial. Arterials are major thoroughfares designed to carry traffic between municipalities and other activity centers and to provide connections with major state and interstate roadways. No on-street parking shall be permitted. Arterials are identified in the areas Comprehensive Transportation Plan and recognized by ODOT and FHWA as roadways eligible for federal funding.
   (b)   Collector. Collectors distribute traffic between lower order local roadways and higher order arterials. Their purpose is primarily to promote free traffic flow, and direct access for adjoining lots should be limited where possible. Collectors shall not be used for on-street parking, and may provide linkages to adjoining developments to improve circulation. Collectors are identified in the area’s Comprehensive Transportation Plan and recognized by ODOT and FHWA as roadways eligible for federal funding.
   (c)   Local Roadway. Local Roadways provide access to residential, open space, commercial, industrial, or other abutting property. Local roadways include subcollector streets, residential streets, and cul-de-sac streets. Other local roadways are classified as special street types and are addressed in Section 1111.10 of these regulations.
      (1)   Subcollector - Subcollectors are local streets designed to provide access to adjoining property and carry traffic between local residential streets or cl-de-sacs and higher order collectors and arterials. Subcollectors shall be provided when residential subdivisions exceed 100 single family dwellings, or the subdivision has only one entrance from a collector or arterial street.
      (2)   Residential - Residential streets have a length of 1,000 feet or less, connect to only two (2) other streets and are the lowest order streets providing access to residential lots and carrying only the traffic generated by adjoining residential land uses. Residential subdivisions should be developed so that the maximum number of housing units have frontage on local residential and cul-de-sac streets rather than on high order roads.
      (3)   Cul-de-sac - A local street that has a single means of access and that terminates in a circular vehicular turnaround. Cul-de-sacs should be encouraged where feasible to the extent that they provide low traffic volumes and neighborhood identity. Lengths of cul-de-sacs are limited to 600 feet. An Overall Development Plan containing more than three (3) cul-de-sac streets and no through streets may be disapproved by the Planning Commission.
(Ord. 2002-25. Passed 4-8-03.)

1111.10 SPECIAL STREET TYPES.

   The following requirements shall apply to special street types:
   (a)   Dead-end Street - A street having only one (1) inlet/outlet for vehicular traffic. Permanent Dead-end Streets shall not be permitted except as cul-de-sacs. Temporary Dead-end Streets shall be permitted only as part of an approved overall development plan. In such cases, a temporary turn-around shall be constructed off the end of the dedicated street. Said turnaround shall have a design approved by the City Engineer and shall be maintained by the developer. A Temporary Turnaround Easement, labeled “privately maintained”, shall be shown on the final plat. When street construction resumes, the developer shall remove the turnaround at his expense. Temporary dead-end streets shall not be permitted if they end within 300 feet from an existing pavement. Turnarounds will not be required on stub streets.
   (b)   Dedication of new half-streets shall not be permitted. Where a dedicated or platted half-street exists adjacent to the tract being subdivided, the other half shall be platted.
   (c)   Where a subdivision fronts on an arterial roadway recognized within the Federal Function Classification System a Marginal Access Street must be provided. Points of access to the arterial street shall be spaced at a minimum of thirteen hundred twenty (1,320) feet. A planting strip, having a minimum width of twenty (20) feet, shall be provided between the pavement of the arterial street and the pavement of the marginal access street. The minimum width of the marginal access right-of-way shall be fifty (50) feet.
   (d)   Alley - A public right-of-way primarily for secondary access by vehicles to the rear or side of a property abutting on another street. Alleys shall not be approved in residential subdivisions, except where justified by extreme conditions. Alleys may be required in commercial and industrial districts if other provisions cannot be made for adequate service access. The minimum width for alleys shall be twenty (20) feet for the right-of-way and eighteen (18) feet for the pavement width.
      (Ord. 2002-25. Passed 4-8-03.)

1111.11 STREETS FOR COMMERCIAL SUBDIVISIONS.

   Streets serving business developments and accessory parking areas shall be planned to connect with higher order streets so as not to generate traffic on local residential streets. The intersections of driveways from parking areas with arterial or collector streets shall be located so as to cause the least possible interference with traffic movement on the streets, and shall not be located in less than two hundred (200) feet from the intersection of an arterial or collector street with any other street, and shall be spaced not less than two hundred (200) feet from each other. The Planning Commission may require marginal access streets to provide maximum safety and convenience. The developer may be required to separate ingress and egress drives on the requirements of the Planning Commission.
(Ord. 2002-25. Passed 4-8-03.)

1111.12 STREETS FOR INDUSTRIAL SUBDIVISIONS.

   Collector streets for industrial subdivisions shall be planned to serve industrial areas exclusively and shall connect with higher order streets so that no traffic generated by the industrial subdivision will be directed into any local residential street. The intersections of service streets from parking areas with arterial or collector streets shall not be less than two hundred (200) feet from the intersection of the arterial or collector street with any other street. Streets shall be planned to be extended to the boundaries of any adjoining land for industry, except for severe physical conditions or if the Planning Commission or other appropriate local agency finds such extension is not in accord with the approved plan for the area.
(Ord. 2002-25. Passed 4-8-03.)

1111.13 SIDEWALKS REQUIRED.

   Any and all new residential, business or industrial construction project will be required to have sidewalks constructed on the front of any such property or on any sides of such property which abut an existing street. A parking area will not qualify as a sidewalk for pedestrian use.
(Ord. 2004-41. Passed 6-22-04.)

1111.14 BLOCKS.

   The following regulations shall govern the design and layout of blocks:
   (a)   The arrangement of blocks shall be such as to conform to the street planning criteria as set forth in Section 1111.04 to 1111.14, inclusive, and shall be arranged to accommodate lots and building sites of the size and character required for the district as set forth in these regulations or the zoning ordinance and to provide for the required community facilities.
   (b)   Irregularly shaped blocks, those intended for cul-de-sac or loop streets, and those containing interior parks or playgrounds, may be approved by the Planning Commission if properly designed and located and if the maintenance of interior public spaces is covered by agreement.
   (c)   No blocks shall be longer than one thousand (1,000) feet and the block width shall accommodate two (2) tiers or lots, except where unusual topography or other exceptional physical circumstances exist.
(Ord. 2002-25. Passed 4-8-03.)

1111.15 LOTS.

   The following regulations shall govern the design and layout of lots.
   (a)   The lot arrangement and design shall be such that all lots will provide satisfactory building sites, properly related to topography and the character of surrounding development.
   (b)   All lots shall conform to or exceed the requirements of these Regulations and the zoning district requirements for the district in which they are located and the use for which they are intended.
   (c)   Each lot shall have a minimum sixty (60) feet frontage at the street right-of-way line, except for cul-de-sac lots.
   (d)   All side lot lines should be as near as possible to right angles to street lines and radial to curved street lines.
   (e)   Through lots shall be avoided.
   (f)   All lots shall have driveway access restricted to those interior streets platted as part of the proposed subdivision.
   (g)   No corner lot shall have a width at the building line less than seventy-five (75) feet. The minimum building setback on the side street side of a corner lot shall be fifteen (15) feet. When such corner lot abuts an interior lot which faces the same side street at such corner lot, the minimum building set back shall be thirty (30) feet.
   (h)   No lot shall have an average depth which is more than three times its average width, nor shall it have a depth of less than one hundred ten (110) feet except that whenever a lot fronts upon an exterior curved portion of a street, the centerline radius of which is one hundred (100) feet or less, then the minimum required lot depth may be reduced to not less than one hundred (100) feet.
      (Ord. 2002-25. Passed 4-8-03.)

1111.16 EASEMENTS.

   Easements at least twenty (20) feet in width centered along the rear or side lot lines shall be provided where necessary for sanitary and storm sewers, as well as public utilities such as gas mains and electric lines. Twenty (20) foot easements shall be provided along every water course, sewer, drainage channel, or stream within a subdivision as provided for in Section 1111.17 of these Regulations.
(Ord. 2002-25. Passed 4-8-03.)

1111.17 FLOOD AREAS AND STORM DRAIN DITCHES.

   (a)   In order to protect the health, safety, and general welfare of the people, the Planning Commission shall reject any proposed subdivision located within any flood hazard area as designate by but not limited to the most recent edition of the U.S. Department of Housing and Urban Development Federal Insurance Administration Flood Hazard Boundary Map of Allen County, Van Wert County and/or City of Delphos.
   (b)   Flood control or storm drainage facilities shall be provided as follows:
      (1)   Access to flood control or storm drainage ditches and channels shall be by means of maintenance easements. Such maintenance easements shall be not less than twenty (20) feet in width, measured horizontally from the top of the bank, exclusive of the width of the ditch, or channel, and a maintenance easement of this type shall be provided on each side of a flood control or storm drainage ditch, channel or similar type facility. Maintenance easements are to be kept free of obstructions and plantings and shall not be altered from the contour and grade shown on the approved construction plan without written permission of the Planning Commission.
      (2)   Flood control or storm drainage easements containing underground facilities shall have a minimum width of twenty (20) feet.
         (Ord. 2002-25. Passed 4-8-03.)

1111.18 MINIMUM BOUNDARY SURVEY REQUIREMENTS.

   The minimum boundary survey requirements for subdivision boundaries shown on the final plat and dedicator’s plat shall be as required by the Standards Governing Conveyances of Real Property in Allen County, Ohio and The Minimum Standards for Boundary Surveys in the State of Ohio (effective May 1, 1980) as issued by the State Board of Registration for Professional Engineers and Surveyors, as provided for in Ohio Revised Code, Section 4733.07.
(Ord. 2002-25. Passed 4-8-03.)
 
TABLE 1
STREET DESIGN STANDARDS
 
 
LOCAL STREETS
FHWA CLASSIFICATION
 
STREET DESIGN STANDARDS
Cul-de-sac
Residential
Subcollector
Collector
Arterial
 
Number of Lanes
2
2
2
3
2
 
Street Width f/f* Curb
1. Parking One Side f/f Curb
2. Parking Both side f/f Curb
3. No Parking f/f Curb
28'
36'
28'
28'
36'
28'
28'
NA
28'
NA
NA
36'
NA
NA
52'
 
Border Area
11' curb/RW
11' curb/RW
12'
12'
14'
 
Minimum Right-of-Way
50'
50'
60'
80'
80'
 
Sidewalks (if required)
4'
4'
4'
4'
4'
 
Design Speed
25-30 mph
25-30 mph
35 mph
45 mph
50 mph
 
Minimum Stopping Sight Distance
200'
200'
225'
325'
400'
 
Minimum Centerline Radius
250' (23°)
250' (23°)
360' (16°)
575' (10°)
850' (6°45')
 
Maximum Grade
8%
8%
7%
6%
6%
 
Minimum Curb Radii
25'
25'
30'
40'
50'
 
Minimum Distance from End of
Curb Radius to First Curb Cut
1. Minimum Tan. Curb between
Drives
2. Maximum Amount of Property
Frontage in Drives***
3. Maximum Width of Drive at
Property Line
20'
4'
30%
24'
20'
4'
30%
24'
30'
4'
30%
24'
40'**
4'
40%
24'
40'**
4'
40%
24'
 
Intersection Data:
 
1. Clear Sight Distance Along
Each leg
 
2. Minimum Curb Radius
Local to
Collector to
Arterial to
 
3. Minimum Centerline Offset of
Adjacent Intersection
Local to
Collector to
Arterial to
 
90'
25'
30'
35'
150'
-
-
90'
25'
30'
35'
150'
-
-
90'
30'
40'
45'
200'
-
-
90'
40'
40'
50'
200'
300'
-
90'
45'
50'
50'
-
1,320'
1,320'
 
Cul-de-Sac Data:
 
1. Lots
Maximum Number of Lots
Fronting on Cul-de-sac
(Circular Portion)
Minimum Lot Frontage at
Right-of-Way Line
 
2. Street
Minimum Radius of Street
Right-of-Way
Minimum Radius of Pave-
ment to Face of Curb
Maximum cul-de-sac Length
(Measured to radii of bulb)
 
3. Driveways
Maximum Percentage of Lot
Frontage Occupied by
Driveway
 
 
 
 
6
45'
60'
45'
600'
53%
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
 
* f/f - face to face of curb or edge to edge of pavement on streets with no curb
** Industrial and Commercial Subdivision - 200'
*** Criteria does not apply to cul-de-sac
NA Not allowed
 

1113.01 GUARANTEE FOR INSTALLATION OF IMPROVEMENTS.

   All improvements required herein shall be constructed prior to the granting of a final plat approval by the Planning Commission or the subdivider shall furnish the Planning Commission with a surety certified check or letter of credit for no more than 25% of the estimated construction cost for the ultimate installation of said improvements.
(Ord. 2002-25. Passed 4-8-03.)

1113.02 CONSTRUCTION PROCEDURE AND MATERIAL.

   The subdivider shall design and construct improvements not less than the standards outlined in these regulations. The work shall be done under appropriate engineering supervision and inspection and shall be completed within the time fixed or agreed upon by the City Engineer. The minimum requirements for materials shall be in accordance with the standard of the current volume of “Construction and Material Specifications” of the State of Ohio Department of Transportation.
(Ord. 2002-25. Passed 4-8-03.)

1113.03 BOUNDARY SURVEYS, MONUMENTS, MARKERS AND PINS.

   The more restrictive of the following standards shall govern subdivision monumentation:
   (a)   The Minimum Standard for Boundary Surveys in the State of Ohio (effective May 1, 1980) as amended as issued by the State Board of Registration for Professional Engineers and Surveyors, as provided for in the Ohio Revised Code, Section 4733.07.
   (b)   The Standards Governing Conveyance of Real Property in Allen County, as adopted by Allen County and provided for in the Ohio Revised Code, Section 319.203.
   (c)   Permanent concrete monuments shall be accurately set and established at the intersections of all outside boundary lines of the subdivision; at the intersections of those boundary lines with all street lines; at the beginning and end of all curves; at points on curves where the radius of direction changes; and, at such other points as are necessary to establish definitely all lines of the plat. Stone or concrete monuments shall be at least thirty-six (36) inches long and at least six (6) inches in diameter, and shall be provided with a center point of solid iron pins or pipe. Appropriate standard monument boxes may be used in lieu of stone or concrete monuments if plated at: (1) intersections of streets; (2) the PC and PT of horizontal curves on streets (or at the PI if it is on pavement); (3) at centers of radii of cul-de-sacs; and, (4) at all other centerline locations needed to re-establish all of the streets of the subdivision. The monument boxes shall be placed in clear sight of the previous monument box set. Solid iron pins or iron pipe monuments having a minimum cross-sectional area of material of 0.2 square inches, and at least thirty (30) inches long shall be used at all other points including all lot corners. Plastic caps shall be placed on iron pin or pipe designating the surveyors name and registration number. All streets centerline reference points shall be monumented by one of the following: (1) monument boxes; (2) iron pins; (3) PK nails; (4) railroad spikes; (5) boat spikes; or, (6) other iron reference monuments. All monuments, markers, and pins must be in place after all construction is complete.
      (Ord. 2002-25. Passed 4-8-03.)

1113.04 STREET IMPROVEMENTS.

   All streets shall be graded to their full width, including side slopes, and improved in conformance with the standards given or referred to in these regulations.
(Ord. 2002-25. Passed 4-8-03.)

1113.05 STREET WIDTH.

   Minimum street pavement widths shall conform to the standards as specified in Table 1 and Section 1111.05. Where pavement widths greater than a specified as in Section 1111.05 are deemed necessary by the City Engineer and approved by the City Council, the City may bear the extra cost of providing a greater than the minimum pavement width required by these regulations.
(Ord. 2002-25. Passed 4-8-03.)

1113.06 STREET CONSTRUCTION.

   Standards for construction of streets are established in the Pavement Design Criteria as set forth in Appendix A and hereto attached.
(Ord. 2002-25. Passed 4-8-03.)

1113.07 STREET CURBS AND GUTTERS.

   (a)   Curbs and gutters shall be required on both sides of the street.
   (b)   Curbs and gutters shall be constructed according to the Standard Construction Specifications of the City Engineer.
(Ord. 2002-25. Passed 4-8-03.)

1113.08 ROADSIDE DITCHES & CATCH BASIN SPACING.

   On streets where roadside ditches are allowed, the street and roadside ditches shall be constructed according to the standard drawings of the County Engineer. The roadside areas between the right-of-way lines shall be fine graded, seeded and mulched according to Section 659 of the latest edition of the Ohio Department of Transportation Construction and Materials Specifications manual. Roadside ditches shall not be filled in for any purpose. The minimum and maximum grade for grassed roadside ditches shall be 0.50 percent and 5.0 percent respectively with a maximum surface flow velocity of eight (8) feet per second. Erosion control may be required by the City Engineer in areas of easily erodible soil. The maximum distance between catch basins in roadside ditches shall be four hundred fifty (450) feet.
(Ord. 2002-25. Passed 4-8-03.)

1113.09 AGGREGATE DRAINS.

   Aggregate drains shall be constructed on streets without curbs and gutters and shall be constructed according to Section 605 of the latest edition of the Ohio Department of Transportation Construction and Materials Specifications manual and according to the Standard Construction Drawings of the City Engineer.
(Ord. 2002-25. Passed 4-8-03.)

1113.10 DRIVEWAYS.

   Driveways and curb cuts for driveways shall be constructed according to the standard drawings of the City Engineer for that portion being constructed on the street right-of-way.
(Ord. 2002-25. Passed 4-8-03.)

1113.11 LOT DRAINS.

   All lots shall have access to underground drainage in the forms of Class E conduit lot drains extending from the storm sewers or inlets to the right-of-way line. Acceptable Class E conduit for lot drains shall meet Ohio Department of Transportation Specifications: 706.01; 706.02; 706.03; 706.07; 706.08; 706.09; 707.33; 707.42;707.43; 707.44; 707.45; 707.51 and 707.52. If one of the above listed P.V.C. or polyethylene pipes is specified for lot drains, it shall be smooth wall, nonperforated, and P.V.C. pipe shall be schedule 40 or stronger. Lot drains shall carry only sump, percolated and air conditioner water. Lot drains shall not carry storm water, surface water, downspout water or septic system and sanitary system effluents. Storm, surface, roof and downspout waters will be drained to the street curb or to storm pipes designed for the purpose of outletting such waters.
(Ord. 2002-25. Passed 4-8-03.)

1113.12 SIDEWALKS.

   All sidewalks shall be constructed according to specifications listed in Section 913.03 of this ordinance.
(Ord. 2004-41. Passed 6-22-04.)

1113.13 STREET NAME SIGNS AND STREET NAMING.

   (a)   Street name signs, of a type used by the City Engineer, shall be erected by the subdivider at all intersections unless otherwise determined by the City of Delphos. The installation of street signs and posts shall be born by the developer.
   (b)   Whenever a new street is constructed along the approximate alignment or extension of an existing street, its name shall be the same as that of an existing one.
   (c)   Whenever a street alignment changes direction more than seventy five (75) degrees without a return to the original alignment within a distance of five hundred (500) feet, at the discretion of the City Engineer, then the name of the street shall be changed at the point of curvature.
   (d)   Whenever a cul-de-sac street serves not more than three (30) lots, at the discretion of the City Engineer, the name of the intersecting street shall apply to the cul-de-sac.
   (e)   To avoid duplication and confusion, the proposed names of all streets shall be approved by the appropriate City and/or County Engineer prior to such names being assigned or used
STREET NAMES
General Direction
Designation
North and South
Avenue
East and West
Street
Curving
Drive
Dead end north and south
Lane
Dead end east and west
Place
Circular of any part thereof
Circle or Court
(Ord. 2002-25. Passed 4-8-03.)

1113.14 STREET AND WALKWAY LIGHTING.

   If lighting is desired, the following specifications shall be complied with:
   (a)   New subdivision street lighting may be required when the subdivision streets intersect with roads classified as collector or above in the functional classification system;
   (b)   If the subdivider desires lighting, then such lights shall be located at each entrance (streets and walkways) to the subdivision and at each street intersection within the subdivision. In addition, whenever the distance between two (2) adjacent street (walkway) lights would exceed three hundred (300) feet, then additional street lights shall be installed in such a manner that proper light intensity shall be provided and maintained as specified by the Planning Commission; and,
   (c)   New subdivision street lighting shall be installed with all associated wiring underground unless otherwise determined by the Planning Commission.
      (Ord. 2002-25. Passed 4-8-03.)

1113.15 STREET TREES.

   The preservation and planting of trees should be considered by the developer as one of several design elements within the total proposed subdivision. However, no plantings shall be allowed in the road right-of-way or utility easements.
(Ord. 2002-25. Passed 4-8-03.)

1113.16 WATER SUPPLY IMPROVEMENTS.

   Water supply improvements shall meet requirements of the local governmental agency, the appropriate County Health District and the Ohio Environmental Protection Agency.
(Ord. 2002-25. Passed 4-8-03.)

1113.17 FIRE PROTECTION.

   Size, location of hydrants, water mains and looping of water supply system to meet fire flow requirements shall be approved by the Delphos Fire Chief. Hydrants shall meet the fire department of jurisdiction specifications, with written approval from the Fire Chief with suppression responsibilities.
(Ord. 2002-25. Passed 4-8-03.)

1113.18 SANITARY SEWER IMPROVEMENTS.

   No sanitary sewers and group sanitary sewage disposal systems shall be constructed, installed and/or operated without the approval of the County Sanitary Engineer, Ohio Environmental Protection Agency, and the Planning Commission. The design, construction and installation shall be according to current standards and specifications adopted by the State Department of Health, Ohio Environmental Protection Agency, County Sanitary Engineer and the County Board of Health. Required treatment of sewage shall be in accordance with the regulations of the State Department of Health, Ohio Environmental Protection Agency and the appropriate County Health District.
(Ord. 2002-25. Passed 4-8-03.)

1113.19 DRAINAGE IMPROVEMENTS.

   Standards for the construction of storm drainage are established in the Storm Drainage Criteria as set forth in Appendix B and attached hereto.
(Ord. 2002-25. Passed 4-8-03.)

1113.20 UTILITY IMPROVEMENTS.

   Utilities shall be provided within each subdivision in the following manner:
   (a)   Unless otherwise determined by the governing agency, overhead utility lines, where permitted, shall be located at the rear of all lots. The utility easement width shall be not less than twenty (20) feet. Utility poles shall be installed a minimum of two (2) feet from the center of the easement and at least two (2) feet from any side lot line or corner pin.
   (b)   Whenever a sanitary sewer line, storm sewer line, electric, gas, telephone line, and/or cablevision are each placed underground in the same utility easement, the following provisions shall be applicable:
      (1)   The total easement width shall be not less then twenty (20) feet; and,
      (2)   The sanitary or storm sewer lines shall be installed within seven (7) feet of one side of the easement and no other utility will be placed within five (5) feet of the sewer.
(Ord. 2002-25. Passed 4-8-03.)

1113.21 OVERSIZE AND OFF-SITE IMPROVEMENTS.

   The utilities, pavements, and other land improvements required for the proposed subdivision shall be designed of oversize and/or with extensions provided to serve nearby land which is an integral part of the neighborhood service or drainage area as determined by the Planning Commission.
(Ord. 2002-25. Passed 4-8-03.)

1113.22 OFF-SITE EXTENSIONS.

   When public utilities such as streets, drainage facilities, sanitary sewers, or water lines are not available at the boundary of a proposed subdivision, and connection to such-off site utilities is deemed necessary by the Planning Commission or governing agency, the subdivider shall be required to:
   (a)   Obtain necessary easements across adjacent property for utility extensions;
   (b)   Extend necessary utilities across adjacent property or existing right-of-way at his expense but with the right of recovery from other landowners intending to utilize said utilities;
   (c)   Recoup the cost of any necessary oversizing of utilities required by the Planning Commission or governing agency. The cost of oversizing to be recouped by agreement with the government agency or benefitting landowner; and,
   (d)   Execute and record easements for off-site utility extensions before acceptance of the Final Plat by the Planning Commission.
      (Ord. 2002-25. Passed 4-8-03.)

1113.23 FINAL INSPECTION.

   Upon completion of all the improvements, the subdivider shall request, in writing, a final inspection by the City Engineer as required under Section 711.091 of the Ohio Revised Code.
(Ord. 2002-25. Passed 4-8-03.)
TABLE 2
 

Mature
Height

Tree
Classification
Minimum Width of Lawn
Minimum
Planting
Lawn Width

Acceptable
Tree Species

Unacceptable
Tree Species
50-60'
Standard
5'
4'
Armstrong Red Maple
Scarlet Oak
Pin Oak
Zelkova Village Green
Ginko (Male Grafted)
Redmond Linden
Columnar Norway Maple
Cleveland Norway Maple
Sugar Maple
Shademaster Honey Locust
Red Oak
Linden Plain Tree
Sweet gum
Marshall Green Ash
Superform Norway Maple
Emerald Green Norway Maple
Autumn Flame Red Maple
Monumental Sugar Maple
Silver Maple
Boxelder
Catalpa
American Elm
Chinese Elm
Tree of Heaven
Poplar Species
Willow Species
Cottonwood
30-50'
Medium*
4'
4'
Green Spire Linden
Ironwood
Hedge Maple
October Glory Red Maple
Honey Locust (Thornless and Seedless
Little Leaf Linden
Hornbeam
Tilford Red Maple
Bradford Cullery Pear
 
30' or less
Small
3'
3'
Red Bud
Lavelli Hawthorn
Sargent Crabapple (Grafted)**
Baccata Jacks Crabapple**
Dogwood**
Washington Hawthorn**
Kwanzan Cherry
Carmine Crabapple**
Floribunda Crabapple**
 
 
*These standard and medium sized tree species should not be planted where overhead linen and cables are existing or are to be placed.
**Use tree specimens with branching no closer than 6 to 8 feet, measuring from the ground.
(Recommend using no less than 1 1/4" cal. size trees, measuring 4 feet from ground level on the trunk.) Tree should also be properly staked for support.

1115.01 GENERAL STATEMENT.

   These regulations apply to all hillside areas. A hillside area as referred to herein is defined as one with an average slope of more than fifteen percent (15%). The subdivider shall submit sufficient detailed information as to geologic conditions, soil types, and underground water levels in order that a determination can be made by the City Engineer as to the safety of development of the particular location.
(Ord. 2002-25. Passed 4-8-03.)

1115.02 DETERMINATION OF AVERAGE SLOPE.

   The average slope for any hillside development shall be determined by the Planning Commission from the preliminary subdivision submittal. Determination will be on area-by-area basis with each lot sized according to the average topographic change falling within each area.
(Ord. 2002-25. Passed 4-8-03.)

1115.03 MINIMUM LOT REQUIREMENTS FOR SINGLE FAMILY HOMES.

   The minimum lot requirements (See Table 2) shall be used to determine the minimum lot area for a single family home. The average percent of slope is determined by the appropriate planning agency. The lot area in thousands of square feet shall then be determined by charting the average natural ground slope and the minimum lot area. Rounding shall be made to the nearest five (5) foot frontage interval. Deviations from these requirements may be allowed subject to determination by the Planning Commission where exceptional circumstances warrant.
(Ord. 2002-25. Passed 4-8-03.)

1115.04 GRADING PLAN AND CONTROLS.

   The preliminary subdivision plan shall show contour lines at two (2) foot intervals. Elevations are to be based on the sea level datum (U.S.G.S.), with conversions shown to local datum. The approximate lot layout and the approximate dimensions shall be shown for each lot and each building site. Where pads are utilized or proposed for building sites, engineering data shall show the existing topography and the proposed finished grades, location and size of each building site, and finished grade of streets prior to consideration of the final plat.
(Ord. 2002-25. Passed 4-8-03.)

1115.05 CUTS AND FILLS.

   No land shall be graded, cut, or filled so as to create a slope exceeding a vertical rise of one (1) foot for each three (3) feet of horizontal distance between abutting lots, unless a wall of sufficient height and thickness is provided to retain the graded bank. Major cuts, excavation, grading, and filling, where the same materially changes the site and its relationship with the surrounding areas or materially affects such areas, shall not be permitted if such excavation, grading, and filling will result in a slope exceeding a vertical rise of one (1) foot for each three (3) feet of horizontal distance between abutting lots or between adjoining tracts of land, except where adequate provision is made to prevent slides and erosion by cribbing and retaining walls.
(Ord. 2002-25. Passed 4-8-03.)

1115.06 COMPACTION OF FILL.

   All fill shall be compacted to a density of ninety percent (90%) or greater in accordance with ASTM D-6-98. Inspection of fill shall be conducted by the City Engineer.
(Ord. 2002-25. Passed 4-8-03.)

1115.07 RETAINING WALLS.

   Retaining walls may be required whenever topographic conditions warrant. Retaining walls shall be designed in accordance with currently accepted design practices and approved by the City Engineer.
(Ord. 2002-25. Passed 4-8-03.)

1115.08 MINIMUM HILLSIDE REQUIREMENTS.

   Minimum front yard, side yard, and setback requirements shall be in accordance with specifications as set forth by the Zoning Ordinance. Minimum right-of-way and pavement widths shall conform to the Street Design Standards as stated in Chapter 1111, Table 1
(Ord. 2002-25. Passed 4-8-03.)

1115.09 STREET ALIGNMENT.

   The following regulations shall govern street alignment:
   (a)   Vertical profile grades shall be connected by vertical curves;
   (b)   Waiver of visibility requirements may be given subject to the approval of the Planning Commission and the City Engineer; and,
   (c)   Waiver of vertical curve requirements may be given subject to the approval of the Planning Commission and the City Engineer.
      (Ord. 2002-25. Passed 4-8-03.)

1115.10 DRIVEWAYS.

   The maximum grade on driveways shall not exceed ten percent (10%) to the street.
(Ord. 2002-25. Passed 4-8-03.)

1115.11 SIDEWALKS.

   Concrete sidewalks having a minimum width of four (4) feet and having a minimum thickness of four (4) inches shall be installed along the uphill side.
(Ord. 2002-25. Passed 4-8-03.)
TABLE 3
MINIMUM LOT SIZE REQUIREMENTS BASED ON SLOPE
 
Average Percent of Natural Ground Slope
 
EXAMPLE:   As indicated above, the minimum lot size for a single-family house on a lot with an average slope of 28% is 26,000 sq. ft. The minimum lot width is 130 feet. The resulting lot depth is 200 feet 26,500 - 300
    130

1117.01 DESCRIPTION.

   The description shall be by metes and bounds and shall set forth the acreage within the plat.
(Ord. 2002-25. Passed 4-8-03.)

1117.02 OWNERS’ DEDICATION AND ACKNOWLEDGMENT.

   We, the undersigned, being all the owners of the land platted herein, do hereby voluntarily consent to the execution of said plat, and dedicate the streets as shown thereon, comprising of a total of ____ acres, to the public use forever.
   Easements shown on this plat are for the construction, operation, maintenance, repair, replacement or removal of water, storm sewer, open ditch sanitary sewer, gas, electric, telephone or other utility lines or services and for the express privilege of removing any trees or other obstructions to the free use of said utilities and for providing ingress and egress to the property for said purposes and are to be maintained as such forever.
 
*Vehicular right-of-access shall not be allowed across the one (1) foot easement lying parallel to ___________ Street, along the rear or lots ______, _____, _____, and _____, except as stipulated in the preceding paragraph.
**This plat is subject to the covenants and restrictions shown on the separate document attached hereto and labeled “sheet 2 of 2 pages.”
____________________      ____________________
Witness            John Doe
____________________       ____________________
Witness            John Doe
(Ord. 2002-25. Passed 4-8-03.)      

1117.03 NOTARY PUBLIC.

 
State of Ohio
SS
_____________ County
Be it remembered that on this ____ day of ____________________, ____, personally came the said _____________________________, to me known, and acknowledged the signing and execution of the foregoing statement to be their voluntary act and deed.
      ______________________________________
      Notary Public
   (Ord. 2002-25. Passed 4-8-03.)

1117.04 APPROVAL BY THE PLANNING COMMISSION.

 
I hereby certify that this plat was approved by the City of Delphos Planning Commission on _________________________.
This approval becomes void unless this plat is filed for recording within ninety (90) days of this approval. _______________________
*This type of easement shall be used when lots back onto major vehicular traffic arteries.
**This item is applicable only if the restrictions are listed on a second sheet.
Certified________________________________________
    Secretary, City of Delphos Planning Commission
(Ord. 2002-25. Passed 4-8-03.)

1117.05 APPROPRIATE COUNTY HEALTH DISTRICT.

 
I hereby certify that this plat meets the requirements of the ______ County Health District.
   ______________________________________________
         Director, ______ County Health District
(Ord. 2002-25. Passed 4-8-03.)

1117.06 COUNTY AUDITOR.

 
   I hereby certify that the land described by this plat was transferred on _____________.
      _____________________________________
            County Auditor
(Ord. 2002-25. Passed 4-8-03.)

1117.07 COUNTY RECORDER.

 
I hereby certify that this plat was filed for recording on __________________, and that it was recorded on ____________, in Vol. ____________, Page ____________, plat records of Allen/Van Wert County, Ohio. Fee $______
      ______________________________________
                  County Recorder
(Ord. 2002-25. Passed 4-8-03.)

1117.08 CERTIFICATION BY SURVEYOR.

 
I hereby certify that this plat represents a true and complete survey made by me or under my supervision in __________, 2____, and that all markers are correctly shown as to material and location and are in place.
      ______________________________________
            Registered Surveyor and Number
(Ord. 2002-25. Passed 4-8-03.)

1117.09 CITY ENGINEER’S CERTIFICATION.

 
   Having checked the construction of the streets in the subdivision, I find that they have been constructed in accordance with the specifications set forth on the plans and regulations thereof, and that they are in good repair and this endorsement shall constitute acceptance of the streets for public use.
   If the streets have not been installed, I am in agreement with the performance bond to insure the completion of construction which has been filed with an approved by the Planning Commission.
      ______________________________________
                  City Engineer
(Ord. 2002-25. Passed 4-8-03.)

1119.01 RECORDING OF PLAT.

   No plat of any subdivision shall be recorded by the County Recorder of the appropriate county or have any validity until said plat has received final approval in the manner prescribed in these Regulations.
(Ord. 2002-25. Passed 4-8-03.)

1119.02 REVISION OF PLAT AFTER APPROVAL.

   No changes, erasures, modifications, or revisions shall be made in any plat of a subdivision after approval has been given by the Planning Commission and endorsed in writing on the plat, unless said plat is first resubmitted to the Planning Commission.
(Ord. 2002-25. Passed 4-8-03.)

1119.03 SALE OF LAND WITHIN 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 plat of the subdivisions before such plat has been approved and recorded in the manner prescribed in these regulations. The description of such lot or parcel by metes and bounds in the instrument of transfer or other documents used in the process of selling or transferring shall not exempt the transaction from the provisions of these Regulations.
(Ord. 2002-25. Passed 4-8-03.)

1119.04 SCHEDULE OF FEES, CHARGES AND EXPENSES.

   The Council for the City of Delphos shall establish a schedule of fees, charges and expenses and a collection procedure for same, and other matters pertaining to these regulations. The schedule of fees shall be posted in the Office of the Safety Service Director and may be altered, or amended only by the council for the City of Delphos. Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application or appeal.
(Ord. 2002-25. Passed 4-8-03.)

1119.05 PENALTIES.

   The penalties which shall apply to violations of these regulations shall be those penalties provided by the Ohio Revised Code as it may be amended from time to time.
(Ord. 2002-25. Passed 4-8-03.)

1119.06 APPEAL.

   Any person who believes he has been aggrieved by these Regulations or the action of the Planning Commission has all the rights of appeal as set forth in Chapter 711 of the Ohio Revised Code or any other applicable section of the Ohio Revised Code.
(Ord. 2002-25. Passed 4-8-03.)