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Delta City Zoning Code

TITLE THREE

Subdivision Regulations

1161.01 TITLE.

   Title Three of this Part Eleven - Planning and Zoning Code shall be known and may be cited as the "Subdivision Regulations of Delta, Ohio" and shall be hereinafter referred to as "these Regulations"
(Ord. 95-35. Passed 11-20-95.)

1161.02 AUTHORITY AND PURPOSE.

   (a)   The Subdivision Regulations are adopted pursuant to the authority granted to the Village of Delta by Chapter 711 of the Ohio Revised Code.
   (b)   The purpose of these Regulations is to guide and regulate the planning, subdividing and development of land in order to promote and protect the public health, safety, and general welfare. It is intended that the provisions of these regulations shall be applied to achieve the following objectives:
      (1)   Orderly development of land to obtain harmonious and stable neighborhoods.
      (2)   Safe and convenient vehicular and pedestrian circulation.
      (3)   Designs to allow ample public open spaces for schools, traffic, utilities, access for fire fighting equipment, adequate light and air, recreational and other public purposes.
      (4)   Accurate surveying of land, and preparation and recording of plats.
      (5)   The assurance that subdivision improvements are properly installed and completed in compliance with the regulations herein.
      (6)   Insure the adequate provision of water, drainage, sanitary sewer facilities, and other health requirements.
      (7)   Orderly development of land in accordance with zoning and Future Land Use Plans. (Ord. 95-35. Passed 11-20-95.)

1161.03 JURISDICTION.

   These Regulations shall be applicable to all subdivisions of land hereinafter made within the corporate limits of the Village of Delta.
(Ord. 95-35. Passed 11-20-95.)

1161.04 ADMINISTRATION.

   These regulations shall be administered by the Village of Delta Planning Commission and/or their representative(s).
(Ord. 95-35. Passed 11-20-95.)

1161.05 INTERPRETATION, CONFLICT AND SEPARABILITY.

   (a)   In their interpretation and application, the provisions of these Regulations shall be held to be the minimum requirements. More stringent provisions may be required if it is demonstrated that different standards are necessary to promote the public health, safety and welfare.
   (b)   These regulations are not intended to repeal, abrogate, annul or in any manner interfere with any existing laws, covenants or rules provided. However, where the conditions imposed by any provisions of these Regulations are either more restrictive or less restrictive than comparable conditions imposed by any other provisions of these Regulations or of any other applicable law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive and impose higher standards or requirements shall govern.
   (c)   The provisions of these Regulations are separable. If a section, sentence, clause, phrase or other part of these Regulations is adjudged by a court of competent jurisdiction to be invalid, the decision shall not affect the remaining portions of these Regulations.
(Ord. 95-35. Passed 11-20-95.)

1161.06 CONFORMITY TO DEVELOPMENT PLANS AND ZONING.

   (a)   The arrangement, character, width and location of all arterial and collector thoroughfares or extensions thereof shall conform with the requirements of any adopted Major Thoroughfare Plan of the Village of Delta. Thoroughfares not contained in the aforementioned plan shall conform to the recommendations of the Delta Planning Commission based upon the design standards set forth within these Regulations and upon accepted engineering standards.
   (b)   No final plat of land within the Municipality shall be approved unless it conforms with the Zoning Ordinance.
   (c)   The Planning Commission shall follow the land use recommendations of the Future Land Use Plan of the Village of Delta.
(Ord. 95-35. Passed 11-20-95.)

1161.07 MODIFICATION AND VARIANCE OF REGULATIONS.

   (a)   Whenever the tract to be subdivided is of such unusual size or shape, or is surrounded by such development or unusual conditions that the strict application of the requirements of these Regulations would result in real difficulties, substantial hardship, or injustice, such requirements may be varied or modified so that the subdivider may subdivide his property in a reasonable manner; but, at the same time, the public welfare and interest of the Municipality and the surrounding area are thoroughly protected and the general intent and spirit of these Regulations are enforced.
   (b)   The requirements of these Regulations may also be modified and varied whenever the scope of a plat encompasses a complete neighborhood or community, but any such plat shall conform to the Future Land Use Plan of the Municipality. All land uses indicated in the Future Land Use Plan shall be incorporated on the plat and must conform, in general, to the areas of land usage as delineated and adopted by the Planning Commission and the Village Council. The Future Land Use Plan and any adopted Major Thoroughfare Plan shall be the guide for all future development of redevelopment in the Municipality. Any such variance requested must insure that adequate public spaces, circulation, recreation, light and air will be provided and the needs of the entire community when fully developed and occupied will be met.
(Ord. 95-35. Passed 11-20-95.)

1161.08 AMENDMENTS.

   When necessary to further the purpose of these Regulations, Council may, after public hearing, amend, supplement or change these Regulations upon the recommendation of the Planning Commission. Notice shall be given on the time and place of such public hearing by publication in at least one (1) newspaper of general circulation published in the local area, thirty (30) days prior to holding said hearing. The amendment or amendments shall be available in the office of the Village Clerk for public examination during said thirty (30) days.
(Ord. 95-35. Passed 11-20-95.)

1161.09 EFFECTIVE DATE.

   These Regulations shall be effective following adoption by the Village Council and the Planning Commission and certification to the Fulton County Recorder. Henceforth, any other regulations for the subdivision of land previously adopted by the Village Council and the Planning Commission shall be deemed to be repealed. These Regulations shall in no way affect any subdivisions having received preliminary approval by the Commission prior to the effective date; provided however, that no changes to the preliminary plan as approved are introduced by the subdivider. (Ord. 95-35. Passed 11-20-95.)

1165.01 DEFINITIONS.

   The following terms and words, which shall apply to and govern the rules and regulations set forth herein, are defined as follows:
   (1)   Applicant: A developer or subdivider submitting an application for development.
   (2)   Berm: A mound of soil, either natural or manmade, used to obstruct views.
   (3)   Bikeway: A pathway, usually separated from the roadway, designed specifically to satisfy the physical requirements of bicycling.
   (4)   Block: A piece or parcel of land entirely surrounded by public highways, streets, streams, railroad rights-of-way or parks, etc., or a combination thereof.
   (5)   Buffer: An area within a property or site, generally adjacent to and parallel with the property line, either consisting of natural existing vegetation or created by the use of trees, shrubs, fences, and/or berms, designed to limit continuously the view of and/or sound from the site to adjacent sites or properties.
   (6)   Culvert: A drain, ditch or conduit not incorporated in a closed system, that carries drainage water under a driveway, roadway, railroad, pedestrian walk or public way.
   (7)   Common Open Space: Land within or related to a development, not individually owned or dedicated for public use, which is designed and intended for the common use or enjoyment of the residents of the development. It may include complementary structures and improvements.
   (8)   Concept Plan: See General Development Plan.
   (9)   Condominium: A building, or group of buildings, in which units are owned individually, and the structure, common areas and facilities are owned by all the owners on a proportional, undivided basis. Real Estate is not a condominium, unless the undivided interests in the common elements are vested in the unit owners. Both residential condominiums and commercial condominiums exist, however for purposes of these Regulations, residential are only heretofore defined. Commercial condominiums will be handled as any other commercial or business property.
   (10)   Cul-de-sac: The area provided for vehicular turnaround at the closed end of a cul- de-sac street. See Street.
   (11)   Curb: A vertical or sloping edge of a roadway.
   (12)   Driveway: A paved or unpaved area used for ingress or egress of vehicles, allowing access from a street to a building or other structure or facility.
   (13)   Easement: The right of a person to use common land or private land owned by another for a specific purpose, within which the owner of the property shall not erect any permanent structures.
   (14)   Escrow: A deed, bond, money, or piece of property delivered to a third person to be delivered by him to the grantee only upon fulfillment of a condition.
   (15)   Fence: An artificially constructed barrier of wood, masonry, stone, wire, metal, or any other manufactured material or combination of materials.
   (16)   Final Plat: The final map, drawing or chart on which the subdivider's plan of subdivision is presented to the Planning Commission for approval, and which, if approved, will be submitted to the Recorder of Fulton County.
   (17)   Floodplain: The relatively flat area or low lands adjoining the channel of a river, stream, or water course, which has been or may be covered by flood waters, more particularly that area designated by the Federal Emergency Management Agency or other appropriate authority as a flood hazard area.
   (18)   Future Land Use Plan: A Plan adopted by the Planning Commission which indicates the general locations recommended for the various functional classes of public works, places and structures and for the general physical development of the Village and includes any unit or part of such plan separately adopted and any amendment to such plan or parts thereof.
   (19)   Frontage: See Lot Frontage.
   (20)   General Development Plan: A preliminary presentation and attendant documentation of a proposed subdivision or site plan of sufficient accuracy to be used for the purpose of discussion and comment by the Planning Commission.
   (21)   Ground Cover: A planting of low-growing plants or sod that in time forms a dense mat covering the area, preventing soil from being blown or washed away and the growth of unwanted plants.
   (22)   Gutter: A shallow channel usually set along a curb or the pavement edge of a road for purposes of catching and carrying off runoff water.
   (23)   Improvement: Any man-made, immovable item which becomes part of, is placed upon, or is affixed to, real estate.
   (24)   Island: In street design, a raised area, usually curbed, placed to guide traffic and separate lanes, or used for landscaping, signing, or lighting.
   (25)   Lateral Sewers: Pipes conducting sewage that usually are located in street rights-of- way.
   (26)   Law Director: The Solicitor or legal advisor of the Village of Delta.
   (27)   Lot: A designated parcel, tract or area of land established by plat, subdivision, or as otherwise permitted by law, to be used, developed or built upon as a unit.
    (28)   Lot Area: The size of a lot measured within the lot lines and expressed in terms of acres or square feet, excluding lands dedicated for use as street or road rights-of- way or other public use.
   (29)   Lot, Corner: A lot abutting on two (2) streets at their intersection, if the interior angle of intersection is not more than one hundred thirty-five (135) degrees.
   (30)   Lot Depth: The distance measured from the front lot line to the rear lot line. For lots where the front and rear lot lines are not parallel, the lot depth is measured by drawing lines from the front to rear lot lines, at right angles to the front lot line, every ten feet and averaging the length of these lines.
   (31)   Lot, Double Frontage: see Lot, Through.
   (32)   Lot, Flag: A lot not fronting on or abutting a public road and where access to the public road is by a narrow, private right-of-way.
   (33)   Lot Frontage: The length of the front lot line measured at the street right-of-way line.
   (34)   Lot, Interior: A lot other than a corner lot.
   (35)   Lot, Reverse Frontage: A through lot which is not accessible from one of the parallel or non-intersecting streets upon which it fronts.
   (36)   Lot, Through: A lot which fronts upon two parallel streets, or which fronts upon two streets which do not intersect at the boundaries of the lot.
   (37)   Lot Width: The horizontal distance of a lot measured along the building line at right angle to the mean lot depth line. Width at front lot line is measured along the street line.
   (38)   Maintenance Guarantee: Any security which may be required and accepted by a governmental agency to ensure that necessary improvements will function as required for a specific period of time.
   (39)   Major Subdivision: A subdivision of land, also known as a platted subdivision, as defined in Ohio Revised Code 711.001(B).
   (40)   Minor Subdivision: A subdivision of land, also known as a Lot Split, as defined in Ohio Revised Code 711.131, along a Lot Split, as defined in Ohio Revised Code 711.131, along an existing public street, not involving the opening, widening or extension of any street or road, and involving no more than five (5) lots after the original tract has been completely subdivided.
   (41)   Monument: 
      A.   Type A: A cylindrical concrete marker six (6) inches in diameter and thirty (30) inches in length with a one-quarter inch (0.25) iron rod cast at the central axis of the cylinder. Such marker shall be placed in a vertical position with its top being level with the surface of the surrounding ground.
      B.   Type B: A cylindrical concrete marker as described under Type A except that a machine type iron bolt (without nut) of one (1) inch diameter by twelve (12) inches in length shall be placed in a vertical position with the head of the bolt upward and level with the surface of the pavement. A point shall be marked on the head of the bolt to indicate the exact point referred to on the final plat.
   (42)   Off-Site: Located outside the lot lines of the lot in question but within the property (of which the lot is a part) that is the subject of a development application, or on a contiguous portion of a street or right-of-way.
   (43)   Off-Tract: Not located on the property that is the subject of a development application nor on a contiguous portion of a street or right-of-way.
   (44)   Official Map: The map established by the Planning Commission showing the streets, highways and parks heretofore laid out, adopted and established by law and any amendments adopted thereto by the Planning Commission or additions thereto resulting from the approval of subdivision plats by the Planning Commission and the subsequent filing of such approved plats.
   (45)   Open Space (Common Land): Land in a subdivision of development area not owned as private land or occupied by dwellings created for common usage by restrictions, easements, covenants or other conditions running with the land, and which is held for the use and enjoyment of the owners or occupants of the dwellings in a subdivision or development area.
   (46)   Owner: Any individual, firm, association, syndicate, co-partnership, corporation, trust or any other legal entity having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under these Subdivision Regulations.
   (47)   Performance Guarantee: Any security that may be accepted by a municipality as a guarantee that the improvements required as a part of a development are satisfactorily completed.
   (48)   Planning Commission or Commission: The duly designated Planning Commission of the Village of Delta, Ohio.
   (49)   Plat: A map of a lot, parcel, subdivision or development area on which the lines of each element are shown by accurate distances and bearings.
   (50)   Preliminary Plat: The preliminary map, drawing or chart indicating the proposed layout of the subdivision to be submitted to the Planning Commission for its consideration.
   (51)   Public Open Space: An open space area conveyed or otherwise dedicated to a municipality, municipal agency, board of education, state or county agency, or other public body for recreational or conservational uses.
   (52)   Right-of-Way: All of the land included within an area which is dedicated, reserved by deed, or granted easement for street purposes. Also, a strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, bikeway, electric transmission line, gas pipeline, water main, sanitary or storm sewer main, shade trees, or for another special use.
   (53)   Screening: A structure or planting consisting of fencing, berms, and/or noise attenuation within a site or property.
   (54)   Setback: The distance between the street right-of-way line and the front line of a building or any projection thereof, excluding uncovered steps.
   (55)   Sidewalk: A paved path providing for pedestrian use and usually located at the side of a road within the right-of-way.
   (56)   Street: Any vehicular way which is an existing state, county or municipal roadway; or is shown on a plat approved pursuant to law; or is approved by other official action; or is shown on a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats; and includes the land between the street lines, whether improved or unimproved.
      A.   Alley: A minor way which is used primarily for vehicular service access to the back or the side of properties whose principal frontage is on some other street.
      B.   Arterial Street: A principal or heavy traffic street of considerable continuity and used primarily as a traffic artery.
      C.   Collector Street: A street which carries traffic from minor streets to arterial streets or major thoroughfares, including the principal entrance streets of a residential development and principal streets for circulation within such a development.
      D.   Cul-de-sac Street: A street, one (1) end of which connects with another street and the other end of which is a dead-end which allows space for turning of vehicles.
      E.   Half-Street: A dedicated but unimproved street of half the normal width, located on the perimeter of a parcel and intended for future improvement.
      F.   Local Street: A street primarily for access to abutting residential properties and to serve local needs.
      G.   Major Street: A public street which is primarily for moving fast, heavy traffic between large or intensively developed districts.
      H.   Marginal Access Street: A service street that runs parallel to a higher-order street which, for purposes of safety, provides access to abutting properties and separation from through traffic. May be designed as a residential access street or subcollector as anticipated daily traffic dictates.
      I.   Stub Street: A portion of a street for which an extension has been proposed and approved. May be permitted when development is phased over a period of time, but only if the street in its entirety has been approved in the preliminary plan.
   (57)   Subdivider: Any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity commencing proceedings under these Subdivision Regulations to effect a subdivision of land hereunder for himself or for another.
   (58)   Subdivision: 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.
   (59)   Village: The Village of Delta, Fulton County, Ohio.
   (60)   Village Engineer: The engineer hired by the Village of Delta.
   (61)   Wye: A Y-branch or Y-fitting. In a plumbing system, a branch in the shape of the letter Y. (Ord. 95-35. Passed 11-20-95.)

1169.01 PURPOSE.

   The purpose of this chapter is to establish the procedure for Planning Commission review and action on applications for subdivisions as defined by Ohio Revised Code 711.001 and elsewhere. The procedure is intended to provide orderly and expeditious processing of such applications. (Ord. 95-35. Passed 11-20-95.)

1169.02 PREAPPLICATION CONFERENCE.

   For the purpose of expediting applications and reducing subdivision and site plan design and development costs, the subdivider is encouraged to meet with the Planning Commission's designated representative(s) prior to submitting a Preliminary Plat. This preapplication conference is an opportunity for the subdivider, the Planning Commission representative(s) and other Village officials to informally discuss the purpose and effect of these regulations, the criteria and standards contained therein; and to familiarize the developer with the Future Land Use Plan, the zoning resolution and the drainage, sewerage, and water systems for the Village.
(Ord. 95-35. Passed 11-20-95.)

1169.03 GENERAL DEVELOPMENT PLAN.

   (a)   In addition or as an alternative to the preapplication conference, at the request of the applicant, the Planning Commission shall grant an informal review of a General Development Plan, or a concept plan, for a development for which the applicant intends to prepare and submit an application for development. The purpose of the concept plan is to provide Planning Commission input in the formative stages of subdivision and site plan design.
   (b)   Applicants seeking informal review of a General Development Plan shall submit a sketch plan of the proposed subdivision containing the items specified in Section 1169.13.
   (c)   The applicant shall not be bound by any concept plan for which review is requested, nor shall the Planning Commission be bound by any such review.
(Ord. 95-35. Passed 11-20-95.)

1169.04 SUBMISSION TO STATE HIGHWAY DIRECTOR.

   Before any plat is approved affecting any land within three hundred (300) feet of the centerline of a proposed new highway or a highway for which changes are proposed as described in the certification to local officials by the State Highway Director of any land within a radius of five hundred (500) feet from the point of intersection of said centerline with any public road or highway, the Commission shall give notice, by registered or certified mail to the Highway Director. The Commission shall not approve the plat for one hundred and twenty (120) days from the date the notice is received by the Highway Director. If the Highway Director notifies the Commission that he shall proceed to acquire the land needed, then the Commission shall refuse to approve the plat. If the Highway Director notifies the Commission that acquisition at this time is not in the public interest or upon the expiration of the one-hundred-and-twenty (120) day period or any extension thereof agreed upon by the Highway Director and the property owner, the Commission shall, if the plat is in conformance with all provisions of these Regulations, approve the plat. (Ord. 95-35. Passed 11-20-95.)

1169.05 PRELIMINARY PLAT PROCEDURE.

   (a)   The subdivider shall prepare and file an application for Preliminary Plat approval with the Planning Commission according to the standards and the provisions of these Regulations, including all documents specified in Section 1169.14. The Preliminary Plat shall be considered officially filed on the date that the completed application, together with all required copies and filing fees, is received by the Planning Commission, and shall be so dated.
   (b)   The application for Preliminary Plat approval must be filed on the form provided in Appendix I of these Regulations.
   (c)   Seven (7) copies of the Preliminary Plat shall be submitted to the designated representative of the Planning Commission at least two weeks prior to the regular Planning Commission meeting at which action is sought.
   (d)   If the subdivision lot areas or uses do not conform with the existing zoning classification, a petition to rezone must be submitted by the property owner and acted upon by the Village Council prior to the consideration of a Preliminary Plat.
   (e)   The Planning Commission shall approve or disapprove the Preliminary Plat within forty-five (45) days after its submission to the Planning Commission.
   (f)   One print with the signature of the Chairman of the Planning Commission shall be returned to the applicant when the Preliminary Plat is approved. Conditional approval, subject to changes marked on the print and/or on any attachments thereto, may be granted by the Planning Commission.
   (g)   Approval of the Preliminary Plat by the Planning Commission shall constitute authority for the subdivider to proceed with the preparation of the Technical Design and Construction Plans and the Final Plat, and shall guarantee that the terms under which the approval was granted will not be affected by changes to these Regulations.
   (h)   The approval of a Preliminary Plat shall be effective for a period of twelve (12) months unless, upon application of the subdivider, the Planning Commission grants an extension. Upon the grant of an extension or extensions, the Preliminary Plat approval shall be valid for a maximum period of thirty-six (36) months. If a Final Plat has not been submitted within this time limit, the Preliminary Plat must again be submitted to the Planning Commission for approval.
(Ord. 95-35. Passed 11-20-95.)

1169.06 PRELIMINARY PLAT APPLICATION FEES.

    The applicant shall accompany the application for Preliminary Plat approval with a fee to cover the expenses of the Municipality in reviewing such plats. Said fee shall be paid to the Clerk of Council, and shall be in such an amount as shall be determined by ordinance of Council. A schedule of filing fees shall be posted in the Municipal Building. No application for Preliminary Plat approval will be accepted without the total filing fee due.
(Ord. 95-35. Passed 11-20-95.)

1169.07 PUBLIC HEARING.

   The Planning Commission may, on its own initiative or upon petition by a citizen or neighboring property owner and prior to acting on a Preliminary Plat of a subdivision, hold a public hearing thereon at such time and upon such notice as the Commission may designate.
(Ord. 95-35. Passed 11-20-95.)

1169.08 TECHNICAL DESIGN AND CONSTRUCTION.

   (a)   Prior to the filing of the Final Plat, the subdivider shall present to the Planning Commission or its designee an application for Technical Design and Construction Plan approval, provided in Appendix I of these Regulations for all utilities and street improvements. All documents required by Section 1169.15 must be submitted. The Technical Design and Construction Plans may be submitted simultaneously with the Preliminary Plat or they may be submitted subsequent to the approval of the Preliminary Plat.
   (b)   The Commission shall forward copies of the Technical Design and Construction Plans to such officials and agencies as may be necessary for the purpose of study and recommendation. These shall include at least the Administrator and may also include the Village Engineer, the appropriate County Engineer or Sanitary Engineer, or the appropriate Board of Health.
   (c)   After receipt of written reports from such officials and agencies, the Commission shall determine whether the Technical Design and Construction Plans shall be approved, approved with modification, or disapproved. If disapproved, the reasons for disapproval shall be stated in writing. The Commission shall act on the Technical Design and Construction Plans within forty five (45) days unless such time is extended by agreement with the subdivider.
   (d)   No improvements or utilities shall be installed prior to approval of the Technical Design and Construction Plans.
(Ord. 95-35. Passed 11-20-95.)

1169.09 FINAL PLAT PROCEDURE.

   (a)   An applicant requesting approval of a Final Plat shall submit to the Planning Commission or its designee an application for Final Plat approval, as provided in Appendix I of these Regulations, and seven (7) copies of the Final Plat, prepared in conformance with the requirements of Section 1169.16. The Final Plat shall have incorporated all changes or modifications to the Preliminary Plat required by the Planning Commission, otherwise it shall conform to the Preliminary Plat. The Final Plat may constitute only that portion of the approved Preliminary Plat which the subdivider proposes to record and develop at the time, provided that such portion conforms with all requirements of these Regulations.
   (b)   The Final Plat applications shall be accompanied by a statement from the Administrator that the Municipality is in receipt of as-built plans showing all streets and utilities in exact location and elevation and identifying those portions already installed and those to be installed. If a performance guarantee is required by Section 1181.13, certification of compliance with those requirements shall also be submitted.
   (c)   The Final Plan shall be considered officially filed on the date that the completed application, together with all required copies and additional information, is received by the Planning Commission, and shall be so dated.
   (d)   The Final Plat application shall be filed at least two weeks prior to the regular Planning Commission meeting at which action is sought.
   (e)   The Commission shall approve or disapprove the Final Plat within forty five (45) days after it is filed. Failure of the Commission to act upon the Final Plat within such time shall be deemed as approval of the Plat. If the Plat is disapproved, the grounds for disapproval shall be stated in the records of the Commission, and a copy of said record shall be forwarded to the subdivider. The Commission shall not disapprove the Final Plat if the developer has met all of the requirements of the Commission and has proceeded in accordance with the conditions and standards specified in the Preliminary Plat.
   (f)   The subdivider shall be notified of the final action of the Commission, and the subdivider shall record the final plat with the appropriate county Recorder within sixty days after the date of approval; otherwise, the plan shall be considered void. The subdivider shall, immediately upon recording, furnish the Commission with mylars and photostats of the recorded plat as may be required.
(Ord. 95-35. Passed 11-20-95.)

1169.10 REPLATS, SUBDIVISION VACATIONS.

   (a)   A subdivider proposing the (major) resubdivision of a plat previously recorded in the office of the County Recorder shall follow the same procedure as for a new plat, except that a preliminary map may not be necessary if changes in street alignment or like changes are not included in the proposal.
   (b)   Proposals of subdivision vacations/abandonments shall meet the requirements of the Ohio Revised Code, including Sections 711.17 to 711.23, inclusive. Plats of street openings, widenings, and extensions; open spaces for common use by owners, occupants, or leaseholders; and easements for the extension and maintenance of public sewer, storm sewer drainage, or other public utilities shall have the same plat requirements as stated above.
(Ord. 95-35. Passed 11-20-95.)

1169.11 SPECIFICATIONS OF DOCUMENTS TO BE SUBMITTED.

   (a)    The documents to be submitted are intended to provide the Planning Commission and other review authorities with sufficient information and data to insure compliance with all municipal codes and specifications and ensure that the proposed development meets the design and improvement standards contained in these Regulations.
   (b)   In specific cases and for documented reasons, the Planning Commission may waive the submission of a particular document. The reasons for the waiver shall be indicated in the minutes of the Commission.
(Ord. 95-35. Passed 11-20-95.)

1169.12 PREAPPLICATION CONFERENCE DOCUMENTS.

   No specific documents are required for a Preapplication Conference, but sufficient information to evaluate the development proposal should be provided.
(Ord. 95-35. Passed 11-20-95.)

1169.13 GENERAL DEVELOPMENT PLAN DOCUMENTS.

   An applicant seeking informal review of a General Development Plan shall submit a sketch plan containing the following information:
   (a)   The name of the proposed subdivision, the scale of the sketch plan, a north arrow, and the date of the sketch.
   (b)   The names, addresses, and phone numbers of each owner and developer involved.
   (c)   The layout and acreage of streets, residential lots, open space and any other nonresidential land uses within the subdivision.
   (d)   The location of all public utilities in the proposed subdivision, if available, or the location of the nearest sources for water and public facilities for the disposal of sewage and storm water.
   (e)   The proposed subdivision in relation to existing community facilities, thoroughfares and other transportation modes, residential developments, and existing natural and man-made features such as soil types, drainage, vegetation, contours, and utilities in the area. (Ord. 95-35. Passed 11-20-95.)

1169.14 PRELIMINARY PLAT APPLICATION DOCUMENTS.

   An applicant seeking review of a Preliminary Plat shall submit the following required documents:
   (a)   A completed Preliminary Plat application and Preliminary Plat checklist, as provided in Appendix I of these Regulations, together with all attachments required on the application.
   (b)   A Preliminary Plat prepared by a registered engineer or surveyor and drawn at a scale not less than one hundred (100) feet to the inch on one (1) or more sheets not larger than 24 X 36 inches in size. The Preliminary Plat shall contain the following information:
      (1)   Proposed name of the subdivision. The name shall not duplicate, be the same in spelling, or alike in pronunciation with any other recorded subdivision.
      (2)   Location by section, town, range, township, county and state.
      (3)   Names and addresses of the subdivider, owner and surveyor.
      (4)   Scale of the plan, north point and date.
      (5)   Boundaries of the subdivision indicated by a heavy line and the approximate acreage.
      (6)   Location, widths and names of existing or platted streets, railroad rights-of- way, easements, parks, permanent buildings, and section and corporation lines within or adjacent to the tract.
      (7)   Existing sewers, water mains, culverts, or other underground facilities and open drainage ditches in and within close proximity to the tract, indicating size, depth, flow and location.
      (8)   Names of adjacent subdivisions and owners of adjoining parcels of non- subdivided land.
      (9)   Zoning Districts.
      (10)   Existing contours at two (2) foot intervals reference to sea level datum.
      (11)   Wooded areas, power transmission poles and lines, and any other significant items not otherwise listed here.
      (12)   Vicinity sketch.
      (13)   Layout of proposed streets, their proposed names and widths, and the widths of proposed alleys, crosswalks and easements.
      (14)   Layout, numbers, dimensions and area of lots or parcels with appropriate designations.
      (15)   Proposed building setback lines, showing dimensions.
      (16)   Diagram of the layout of the proposed sewer and water facilities, if any.
      (17)   Diagram of proposed drainage development including streets and lots with indication of their outlet into existing facilities.
      (18)   In critical areas, high water levels and areas subject to flooding are to be indicated.
      (19)   All parcels of land intended to be dedicated or temporarily reserved for public use, or to be reserved in the deeds for the common use of property owners in the subdivision, with the purpose, condition or limitation of such reservation indicated.
      (20)   Screen planting plan, if any.
   (c)   A statement of the proposed use of lots, stating the type of residential buildings and the number of proposed dwelling units, and/or the type of business or industry proposed shall be submitted.
      (Ord. 95-35. Passed 11-20-95.)

1169.15 TECHNICAL DESIGN AND CONSTRUCTION PLAN DOCUMENTS.

   An applicant seeking review of Technical Design and Construction Plans shall submit the following required documents, prepared by a registered engineer or surveyor and drawn at a scale not less than fifty (50) feet to the inch on one (1) or more sheets not larger than 24 X 36 inches in size, in addition to the application for Technical Design and Construction Plan review:
   (a)   Profiles showing existing and proposed elevations along centerlines of all roads. Where a proposed road intersects an existing road or roads, the elevation along the centerline of the existing road or roads within one hundred (100) feet of the intersections shall be shown. Approximate radii of all curves, lengths of tangents, and central angles on all streets shall be shown.
   (b)   Plans and profiles, construction details and quantities, showing the locations and typical cross-section of:
      (1)   Street pavements including curbs and gutters, sidewalks, drainage easements, rights-of-way, manholes, and catch basins;
      (2)   The location of street lighting standards and street signs;
      (3)   The location, size and invert elevations of existing and proposed sanitary sewers, storm water drains, and fire hydrants, showing connection to any existing or proposed utility systems; and
      (4)   Exact location of all water, gas, or other underground utilities or structures.
   (c)   Location, size, elevation, and other appropriate description of any existing facilities or utilities, including, but not limited to:
      (1)   Existing streets, sewers, drains, water mains, easements, water bodies, streams, swamps, railroads, buildings and other pertinent features;
      (2)   The water elevations of adjoining lakes or streams at the date of the survey, and the approximate high water elevations, referred to the U.S.G.S. datum. If the subdivision borders a stream or open ditch the distances and bearings of a meander line established not less than twenty (20) feet from the ordinary high water mark of such waterway shall be shown.
   (d)   All specifications and references required by the Village's construction standards and specifications, including a site grading plan for the entire subdivision.
   (e)   Additional plans, specifications, profiles or details necessary to insure compliance with the requirements of the Regulations.
      (Ord. 95-35. Passed 11-20-95.)

1169.16 FINAL PLAT DOCUMENTS.

   An applicant seeking review of a Final Plat shall submit the following required documents:
   (a)   A completed Final Plan application and Final Plat checklist, as provided in Appendix I of these Regulations, together with all attachments required on the application.
   (b)   A Final Plat prepared by a registered engineer of surveyor and drawn at a scale not less than one hundred (100) feet to the inch. A Final Plat of a subdivision located in Fulton County shall be submitted on one (1) or more sheets 18 X 24 inches in size. The final plat shall be clearly and legibly drawn in ink on mylar. The Final Plat shall contain the following information:
      (1)   Name of the subdivision;
      (2)   Location by section, town, range, township, county, state;
      (3)   The scale, date and north point;
      (4)   All plat boundaries with length of courses in feet and hundredths and bearings to half minutes. When required by the Village Engineer, all calculations and filed notes shall be submitted.
      (5)   Bearings and distances to the nearest established street lines, section corners or other recognized permanent monuments, which shall be accurately described on the plat;
      (6)   Village, township, county or section lines accurately tied to the subdivision by distances and bearings;
      (7)   Location, names and widths of streets within the plat;
      (8)   Length of all arcs, chord bearings, radii, internal angles, points of curvature and tangent bearings;
      (9)   All easements for rights-of-way providing for public services or utilities, and any limitations of such easements;
      (10)   All lot numbers and lines, with accurate dimensions in feet and hundredths, and with bearings or angles to street and alley or crosswalk lines;
      (11)   Accurate location of all monuments;
      (12)   Accurate outlines of any areas to be dedicated or temporarily reserved for public use with the purpose indicated thereon;
      (13)   Building setback lines, with dimension.
      (14)   When lots are located on a curve or when side lot lines are at angles other than ninety (90) degrees, the width at the building line shall be shown.
   (c)   A notation of any deed restrictions or covenants shall be included on the Final Plat.
   (d)   The following certifications, where appropriate, shall be affixed to the Final Plat:
      (1)   Owner(s). 
I (we), the undersigned, owner(s) of the property hereon described, do hereby adopt (name of subdivision) as shown on this plat, establish lines as shown, and dedicate to public use the streets and rights-of-way as shown. I (we) do hereby establish easements as shown hereon, for the purpose of permitting the construction, installation, relocation and maintenance of public or quasi-public utility facilities thereon. Maintenance shall include the right to remove any branches or other growth or obstructions that might interfere with the construction, maintenance or safe operation of utility lines or drainage facilities. I (we) further certify that I (we) will improve this subdivision with the following installations (statement of the specific sewer, water, pavement and other improvements to be installed, if appropriate).
 
 
WITNESSES:             OWNERS:
                                                                                          
 
                                                                                           
      (2)   Notary. (for Owner's signature(s))
         State of Ohio          )    County of          ) ss
 
On this          day of                , 20     , before me personally appeared , and acknowledged the signing this plat to be his (her, their) free act and deed for the purposes herein mentioned. Witness my hand and seal the day and year written above.
 
      (3)   Surveyor.
 
 
I hereby certify that during                            , 20    , I surveyed the property hereon described subdividing same into lots numbered consecutively from         to           inclusive. Distances are given in feet and decimal parts thereof. Concrete monuments have been set at each change in direction of the boundary of the plat and marked thus                   . Additional monuments marked thus                             are to be set after the street improvements have been made.
 
                                        
 
                                                               Registered Surveyor No.               
 
      (4)   Delta Planning Commission. 
 
We hereby certify that this plat is approved by the Delta Planning Commission and is in accordance with subdivision rules and regulations as approved by such Commission and the Council of the Village of Delta. Signed this             day of                      , 20      .
 
                                                                 
                  Chairman
                  Delta Planning Commission
   
      (5)   Delta Village Administrator. 
 
I, the Administrator of the Village of Delta, Ohio hereby certify that I have reviewed this plat and find it in accordance with subdivision rules and regulations as approved by the Delta Planning Commission and the Council of the Village of Delta, and hereby approve this plat on this                    day of                       , 20     . Approval of this plat for recording does not constitute an acceptance of the dedication of any public street, road, or highway dedicated on such plat.*
 
                                                                   
                  Village Administrator
                  Village of Delta
         
         *   This statement does not need to be included if the statement in (6) below is included.
      (6)   Dedication of Streets. (Not to be included unless all streets are ready for acceptance for public use.)
 
I find that the streets shown on this plat have been constructed in accordance with the specifications shown hereon and are in good repair and such streets are hereby accepted for public use pursuant to Ohio Revised Code 711.091 on this      day of                  , 20      .
 
                                                                    
                   Village Administrator
                  Village of Delta
   
   (7)   Office of the Fulton County Auditor. (To be used if the subdivision is located within Fulton County.)
      Transferred this               day of                       , 20     .
                                                                             
                           Fulton County Auditor
      (Ord. 95-35. Passed 11-20-95.)

1173.01 PURPOSE.

   The purpose of this chapter is to establish the procedure for Planning Commission review and action on applications for minor subdivisions as defined by Ohio Revised Code 711.001, 711.131 and Section 1165.01(40). The procedure is intended to avoid the necessity of the platting procedures in certain situations and in no manner replaces the procedure for lot splits contained in Section 150.025, Codified Ordinances of the Village of Delta.
(Ord. 95-35. Passed 11-20-95.)

1173.02 ADMINISTRATIVE WAIVER OF PLAT.

   (a)   Administrative waiver of a minor subdivision without the necessity of the platting procedure may be granted by the Village Planning Commission or its designated representative(s) if the proposed division of a parcel of land meets all of the following conditions:
      (1)   The proposed subdivision is located along an existing public road and involves no opening, widening, or extension of any street or road, and in the case of residential lots, does not involve an easement of access.
      (2)   No more than five (5) lots are involved after the original parcel has been completely subdivided.
      (3)   The proposed subdivision is not contrary to applicable subdivision or zoning regulations.
      (4)   The physical characteristics of the property are suitable for building sites.
   (b)   The Planning Commission or their designee shall, within seven (7) working days after submission, notify the subdivider of the administrative waiver of plat decision and of the next scheduled Planning Commission meeting, at which time the application shall be reviewed by the Commission for compliance with all applicable subdivision and zoning regulations.
(Ord. 95-35. Passed 11-20-95.)

1173.03 APPEAL BY APPLICANT.

   An applicant who has been denied administrative waiver of plat may, within thirty (30) days of the denial, file an appeal with the Planning Commission. Within thirty (30) days of the appeal filing, the Planning Commission shall review the action and affirm or reverse the administrative action. Waiver of plat shall be given only if all applicable subdivision, zoning, drainage and health requirements have been met.
(Ord. 95-35. Passed 11-20-95.)

1173.04 APPLICATION.

   (a)   An application for waiver of plat of the minor subdivision shall be submitted on the form contained in Appendix I of these Regulations. The completed application must be submitted along with the minor subdivision plan and other required supplementary information, as specified in Section 1173.05.
   (b)   The application for minor subdivision waiver of plat must be accompanied by a filing fee, as established by the Village Council, and posted in the Municipal Building. No application for minor subdivision waiver of plat will be accepted without the total filing fee due.
(Ord. 95-35. Passed 11-20-95.)

1173.05 SPECIFICATIONS OF DOCUMENTS TO BE SUBMITTED.

   (a)   The subdivider shall submit a minor subdivision plan, prepared by a registered professional surveyor, and containing the following information:
      (1)   Name of the subdivider; location by section, range and township, or by parcel number; date; north arrow; scale; and acreage to the nearest hundredths of an acre.
      (2)   Abutting streets.
      (3)   The seal of the registered professional surveyor who prepared the minor subdivision plan.
   (b)   In addition, any of the following information may be required by the Planning Commission on the basis of the characteristics of the subject property:
      (1)   If a sewage treatment system other than a connection to the public sewer system is proposed, a statement from Village authorities that such sewage treatment system is permitted.
      (2)   Approval by the appropriate Health Department if on-site sewage disposal systems are proposed.
      (3)   Lot grading and drainage plan, illustrating a plan for the handling of surface and subsurface drainage, showing proposed finished grade elevations; the type, size, location and outlet of all existing and proposed drainage systems; swales; easements; and the proposed ground cover.
      (4)   Existing buildings, utilities, and easements if applicable.
      (5)   Spot elevations.
      (6)   One hundred (100) year flood plain elevations and delineations.
      (7)   Other information as deemed necessary by the designated representative of the Planning Commission in order to insure the creation of adequate building sites and to promote the public health, safety and welfare.
         (Ord. 95-35. Passed 11-20-95.)

1177.01 PURPOSE.

   The purpose of this chapter is to establish standards for subdivision layout and improvements design that will create functional and attractive developments, minimize adverse impacts, and insure that proposed subdivisions will be an asset to the Village. To promote this purpose, the subdivision shall conform to the following standards, which are designed to result in a well-planned community without adding unnecessarily to development costs.
(Ord. 95-35. Passed 11-20-95.)

1177.02 SITE DESIGN STANDARDS.

   (a)   Design of the development shall take into consideration all existing local and regional plans for the Municipality and the surrounding community.
   (b)   To the maximum extent practicable, development shall be located to preserve the natural features of the site, to avoid areas of environmental sensitivity, to minimize negative impacts and alteration of natural features, and to preserve historically significant structures and sites.
   (c)   Development shall be designed to avoid construction on steep slopes in excess of twenty (20) percent as measured over a ten (10) foot interval unless appropriate engineering measures concerning slope stability, erosion, and resident safety are taken.
   (d)   The development shall be laid out to avoid adversely affecting ground water and aquifer recharge; to reduce cut and fill; to avoid necessary impervious cover; to prevent flooding; to provide adequate access to lots and sites; and to mitigate adverse effects for shadow, noise, odor, traffic, drainage, and utilities on neighboring properties.
   (e)   Variations, exceptions and/or modifications of these Regulations may be made by the Planning Commission in specific cases where it is deemed that unusual topographical or other exceptional conditions require such modification or adjustment of these Regulations, or for special developments of rental units or new concepts of solar orientation or other methods of platting, provided that such plats are self-contained and do not encroach unfavorably on or interfere with the normal development of abutting properties.
   (f)   If the Planning Commission finds that land proposed to be subdivided is unsuitable for development due to flooding, inadequate drainage, topography, inadequate water supply, inadequate sanitary sewage disposal, schools, transportation facilities or other such conditions which may endanger health, life, or property; and if from investigations conducted by the public agencies concerned, it is determined that in the best interest of the public the land should not be developed for the purpose proposed, the Commission shall not approve the land for subdivision.
(Ord. 95-35. Passed 11-20-95.)

1177.03 PLANNED UNIT DEVELOPMENTS ENCOURAGED.

   The planned unit development (PUD) approach to development is encouraged by the Planning Commission. These Regulations may be modified by the degree necessary to accomplish the objectives and standards required by the planned unit development of residential, commercial or industrial subdivisions, or a mixture thereof, in accordance with the provisions of the zoning resolution. Nothing within this section, however, shall exempt the developer from the requirements of subdivision plat approval as specified in Chapter 1169. All planned unit developments will be under the jurisdiction of the Planning Commission.
(Ord. 95-35. Passed 11-20-95.)

1177.04 BLOCKS.

   (a)   Blocks shall be designed to accommodate lots of a size and character required for the zoning district in which the development is located and to provide convenient circulation, service and safety on boundary streets. The blocks shall be designed so that the rear lot lines shall coincide with drainage courses, railroads and divisions in land uses.
   (b)   The maximum length of blocks shall be one thousand three hundred and twenty (1,320) feet. The Planning Commission may require a crosswalk at approximately the center of the block in blocks that exceed nine hundred (900) feet in length.
   (c)   The width of blocks shall be sufficient to provide for an ultimate development of two (2) tiers of lots between streets and eliminate double frontage lots. A single tier of lots, having a greater depth than the required minimum, may be required to separate residential development from major or arterial streets, adjoining non-residential land uses, or unusual topographic or natural features. An easement of at least ten (10) feet in width for screening, which shall not be transversed by vehicles, may be required along the lots abutting such a major or arterial street or non-residential land use.
   (d)   Where all or part of a subdivision is adjacent to or in the vicinity of a primary or secondary street, the greater dimension of blocks shall generally parallel the primary or secondary streets to avoid unnecessary ingress and egress.
   (e)   Blocks for multi-family residential, commercial or industrial uses shall be adequate to accommodate the building sites and provide the yards, service drives, off-street parking and other required facilities
(Ord. 95-35. Passed 11-20-95.)
 

1177.05 RESIDENTIAL DEVELOPMENT LOT DESIGN.

   (a)   The lot arrangement and design shall be such that all lots provide satisfactory and desirable building sites, properly related to topography and the character of the surrounding development.
   (b)   All lots shall conform to or exceed the requirements of these Regulations and the zoning requirements for the district in which they are located and the use for which they are intended.
   (c)   All side lines of lots shall be at right angles to straight street lines and radial to curved street lines, except where the Planning Commission determines that a variation to this rule provides a better street and lot layout.
   (d)   Lots with double frontage shall be avoided except where the Planning Commission determines that double frontage lots are essential to provide separation of residential development from arterial streets or non-residential land uses, as provided in Section 1177.04(c).
   (e)   Corner residential lots shall have extra width sufficient to maintain building lines on both streets, as required by the Delta Zoning Code.
   (f)   All lots shall abut on a dedicated street.
   (g)   Utility easements should generally follow rear lot lines, where it is not practicable to install utilities within the road right of way, and provide continuous easement to public ways.
   (h)   Lot areas computed for the purpose of meeting minimum requirements listed above shall not include lands dedicated for use as street or road rights of way or other public use.
(Ord. 95-35. Passed 11-20-95.)

1177.06 COMMERCIAL AND INDUSTRIAL DEVELOPMENT LOT DESIGN.

   (a)   A commercial subdivision may show lots which need not conform to any minimum width or area, except those required in the Zoning Ordinance, but such subdivisions shall show the location within which buildings may be erected and the area that is to be reserved for off-street parking and service areas.
   (b)   The location for vehicular movements between the subdivision and adjacent streets shall be indicated, and restrictions shall be recorded upon the plat which will restrict such vehicular movement to the location shown on the plat.
   (c)   Easements may be required providing for vehicular movements through parking areas and to and from service areas, as well as easements which can be for residential use. The installation of plantings, walls, fences, or other improvements that will assure a satisfactory buffer or protective screen within such easement may be required.
(Ord. 95-35. Passed 11-20-95.)
 

1177.07 OPEN SPACE AND RECREATION.

   (a)   Where the subdivision contains a street, park, school or other public area which is shown upon the Future Land Use Plan as intended for public ownership, all or part of such area shall either be dedicated to the proper public agency or it shall be reserved for acquisition thereby, within a specified period by a purchase or other means and an agreement shall be entered into between the subdivider and the proper public agency regarding the time and method of acquisition and the cost thereof, or an agreement shall be made by the appropriate public agency upon an alternate location that is satisfactory to the Planning Commission.
   (b)   Due regard shall be shown for the preservation of outstanding natural and cultural features such as scenic spots, watercourses, historic sites, and substantial stands of trees.
(Ord. 95-35. Passed 11-20-95.)

1177.08 LANDSCAPING.

   (a)   Reasonable landscaping should be provided at site entrances, in public areas, and adjacent to buildings. The type and amount of landscaping required shall be allowed to vary with type of development.
   (b)   The plant or other landscaping material that best serves the intended function shall be selected. Landscaping materials shall be appropriate for the local environment, soil conditions, and availability of water. The impact of the proposed landscaping plan at various time intervals shall also considered.
(Ord. 95-35. Passed 11-20-95.)

1177.09 CIRCULATION SYSTEM DESIGN.

   (a)   The road system shall be designed to permit the safe, efficient, and orderly movement of traffic; to meet, but not exceed the needs of the present and future population served; to have a simple and logical pattern; to respect natural features and topography; and to present an attractive streetscape.
   (b)   In residential subdivisions, the road system shall be designed to serve the needs of the neighborhood and to discourage use by through traffic.
   (c)   The pedestrian system shall be located as required for safety and shall meet all applicable Village ordinances. In conventional developments, walks shall be placed parallel to and along both sides of all streets, with exceptions permitted to preserve natural features or to provide visual interest. In planned unit developments, walks may be placed away from the road system, but they may also be required parallel to the street for safety reasons.
   (d)   Bikeways, greenways, hiking trails or other alternative pedestrian linkages should be provided where a connection to an existing system is readily available.
   (e)   New streets shall be a continuation of existing streets or provide a minimum jog of one hundred twenty (120) feet from the existing street alignment.
   (f)   Permanent dead-end streets shall not be permitted. Temporary dead-end streets, or stub streets, shall be permitted only as part of a continuing street plan, and only if a temporary turnaround satisfactory to the Commission in design is provided and provisions for maintenance, removal, and ultimate extension are advanced. Temporary dead-end streets longer than two hundred (200) feet shall not be permitted. Where temporary dead-end streets are permitted, all requirements of Section 1181.05 shall be satisfied.
   (g)   Cul-de-sac streets shall not be over six hundred (600) feet in length and the terminal shall be a circular area, with no center island, with a minimum diameter of one hundred (100) feet, provided, however, that in exceptional circumstances the Planning Commission may approve different arrangements.
   (h)   The street and alley arrangement shall be such as not to cause a hardship to owners of adjoining property when they plat their own land and seek to provide convenient access to it, and shall further the development of a coherent neighborhood street pattern in the vicinity of the subdivision. Subdividers are encouraged to leave open space in such areas as may provide future street rights of way for new or extended streets onto adjoining properties.
   (i)   Dedication of half-streets shall not be accepted unless exceptional circumstances are found by the Planning Commission to justify the same. Where there exists a dedicated or platted half-street or alley adjacent to the tract being subdivided, the other half shall be platted if deemed necessary by the Planning Commission.
   (j)   Alleys shall not be used in residential subdivisions except when deemed necessary by the Planning Commission to meet unusual conditions.
   (k)   Frontage on high volume traffic ways shall be provided with parallel service streets, or buffering as provided in Section 1177.04(c), or such other means of minimizing access as may be appropriate to the conditions.
   (l)   The angle of intersection between minor streets should not vary by more than ten (10) degrees from a right angle. All other streets should intersect each other as near to a right angle as possible and no intersection of streets at angles of less than sixty (60) degrees shall be permitted.
   (m)   Access restriction controlling ingress and egress to streets may be required by the Planning Commission to minimize points of intersection and to relieve congestion at intersections. Direct access to streets within six hundred (600) feet of a major intersection shall not be provided except where it is the only access to property and in such cases should be avoided whenever possible and in all cases will be limited in number.
(Ord. 95-35. Passed 11-20-95.)

1177.10 COMMERCIAL STREET DESIGN.

   (a)   Streets serving business developments and accessory parking areas shall be planned to connect with arterial streets so as not to generate traffic on local streets. The intersections of driveways from parking areas with arterial or collector streets shall be located so as to cause the least possible interference with traffic movement on the streets, and shall be located not less than one hundred (100) 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 Commission may require marginal access streets to provide maximum safety and convenience.
   (b)   Alleys are required in the rear of all commercial lots if no other provisions are made for adequate service access or for parking. The rights of way for such alleys shall be not less than twenty (20) feet and dead-end alleys shall not be permitted.
(Ord. 95-35. Passed 11-20-95.)

1177.11 INDUSTRIAL STREET DESIGN.

   (a)   Collector streets for industrial subdivisions shall be planned to serve industrial areas exclusively and shall connect with arterial streets so that no industrial traffic will be directed into any residential streets. The intersections of service streets from parking areas with arterial or collector streets shall be not less than one hundred (100) feet from the intersection of the arterial or collector street with any other street. Streets shall be planned to extend to the boundaries of any adjoining land planned for industry, except in the case of severe physical conditions or where the Commission finds such extension is not in accord with the approved Future Land Use Plan of the area.
   (b)   Alleys are required in the rear of all industrial lots if no other provisions are made for adequate service access or for parking. The rights of way for such alleys shall be not less than twenty (20) feet and dead-end alleys shall not be permitted.
(Ord. 95-35. Passed 11-20-95.)

1177.12 UTILITY AND DRAINAGE EASEMENTS.

   (a)   Easements of at least fifteen (15) feet in width centered along rear and/or side lot lines shall be provided for sanitary sewers, gas mains, waterlines, and electric lines or other utilities where it is not practicable to locate said utilities within the road right of way. Easements of greater width may be required along or across lots where necessary for the extension of main sewers or other utilities, where both water and sewer lines are located in the same easement, or where the Commission feels that such widths are necessary to provide adequate access.
   (b)   Whenever any stream or important surface drainage course is located in the area being subdivided, the subdivider shall provide an adequate easement along each side of the stream for the purpose of widening, deepening, relocating, improving or protecting the stream for drainage or recreational use.
(Ord. 95-35. Passed 11-20-95.)

1181.01 PURPOSE.

   The purpose of this chapter is to establish standards for required improvements design and installation that will create functional and attractive developments, minimize adverse impacts, and insure that proposed subdivisions will be an asset to the Village. To promote this purpose, all subdivision improvements shall conform to the following standards which are designed to result in a well-planned community without adding unnecessarily to development costs.
(Ord. 95-35. Passed 11-20-95.)

1181.02 MINIMUM IMPROVEMENTS.

   All plats and subdivisions of land located within the corporate limits of the Village of Delta shall conform to the rules and regulations contained herein as adopted by Council and/or the Planning Commission, and the subdivider shall provide, construct, install and pay for the minimum improvements required by the Village and specified herein.
(Ord. 95-35. Passed 11-20-95.)

1181.03 GRADING.

    Prior to the granting of Final Plat approval, the subdivider shall have installed or shall have furnished adequate bond, as provided in Section 1181.13 hereof, for the ultimate installation of the following:
   (a)   All lots shall be graded so that all storm water will drain therefrom. Such grading shall not cause ponding on properties adjacent to the plat, add areas of storm water runoff nor provide points of extreme concentration on them not existing prior to the proposed development.
   (b)   The basement or other lowest floor elevation shall be at a minimum elevation of one (1) foot above the estimated high water level of any area affected or likely to be affected by the flooding of public watercourses. Such elevations shall be a matter of public record and recited on the final plat. Compliance with this section shall be a condition of obtaining building and occupancy permits.
      (Ord. 95-35. Passed 11-20-95.)

1181.04 EROSION CONTROL.

   Prior to the granting of Final Plat approval, the subdivider shall have installed or shall have furnished adequate bond, as provided in Section 1181.13 hereof, for the ultimate installation of the following:
   (a)   All soil surface areas within the street rights of way shall be seeded to grass with a mixture of seed to be specified by the Village Administrator. All disturbed soil areas outside the street rights of way shall be seeded or planted to a quick growing ground cover of grass, shrubs or other vegetation to prevent erosion of the soil.
      (Ord. 95-35. Passed 11-20-95.)

1181.05 STREETS.

   Prior to the granting of Final Plat approval, the subdivider shall have installed or shall have furnished adequate bond, as provided in Section 1181.13 hereof, for the ultimate installation of the following:
   (a)   The minimum right of way width for all streets shall be sixty (60) feet, except that where there are unusual topographical or other physical conditions, the Planning Commission may require a greater or lesser width.
   (b)   All streets shall be constructed in conformance with the current Location and Design Manual and Construction and Material Specifications of the Ohio Department of Transportation (ODOT). All streets and thoroughfares shall be graded to their full right-of-way width including side slopes, and shall be extended to the farthest line of each lot in the subdivision. (See Appendix I.)
   (c)   Streets shall have a minimum pavement width of twenty-six (26) feet, measured face-to-face of curbs.
   (d)   Additional pavement lanes and/or traffic signalization may be required for commercial or other special developments to provide acceleration, deceleration or left turn lanes, or handle or control excessive traffic that may be generated by such developments. Complete data with respect to character and volume of expected traffic generated by the development may be required.
   (e)   Concrete curbs and gutters are required on all streets, per ODOT Construction and Material Specifications Item 609. The minimum pavement gutter elevations shall be at or above hydraulic grade line for a ten year frequency storm.
   (f)   The subgrade shall be free of sod, vegetative or organic matter, soft clay and other objectionable materials for a depth of at least two (2) feet below finished grade. The subgrade shall be properly rolled, shaped and compacted, and shall be subject to the approval of the Village Engineer.
   (g)   The developer has the option of using any of the following base courses, based upon findings of the design engineer as to soil and traffic conditions: aggregate, bituminous aggregate, asphaltic concrete, waterbound macadam, portland cement concrete, or equally suitable base course. Materials and thickness shall be determined by the design engineer, subject to approval by the Village Engineer, as set forth by ODOT Construction and Material Specifications.
   (h)   Upon expiration of the established maintenance period for the base course, the surface course shall be constructed using either asphaltic concrete, bituminous mix, or portland cement concrete. Specific materials and thickness shall be determined by the design engineer, subject to approval by the Village Engineer, as set forth by ODOT Construction and Material Specifications.
   (i)   Intersections shall have a minimum twenty-five (25) feet radius, measured to the back of the curb.
   (j)   All street construction shall be inspected by a representative of the Village. It shall be the responsibility of the owner to notify and obtain Village approval before placing the base course and also before placing the surface courses. Final acceptance of the street will not be made without these approvals. The developer shall provide certification that the construction meets all appropriate Village and ODOT standards, including ODOT Construction and Material Specifications Item 400 (Flexible Pavement) or Item 450 (Rigid Pavement), whichever is appropriate.
   (k)   The transition curb connecting a street to the circular terminus of a cul-de-sac shall have a radius of not less than one hundred (100) feet.
   (l)   Streets abutting the subdivision that are not presently paved or curbed nor have a design grade on them will normally not be required to be paved at the time the subdivisions are to be constructed. However, all lots in the plat abutting such streets shall have included in their deeds, or portions thereof, a waiver of objection for the assessment for paving, curbing and draining. This waiver of objection is to be recited on the plat, and is to be an instrument of record affecting future title of properties. (Ord. 95-35. Passed 11-20-95.)

1181.06 STREET LIGHTING.

   Prior to the granting of Final Plat approval, the subdivider shall have installed or shall have furnished adequate bond, as provided in Section 1181.13 hereof, for the ultimate installation of the following:
   (a)   The subdivider shall install street lights in accordance with the Village of Delta Construction Standards in each residential subdivision which contains a majority of lots with an individual lot width of one hundred fifty (150) feet or less at the front property line. Such lights shall be located at each street entrance to the subdivision and in each street intersection within the subdivision. In addition, whenever the distance between two (2) adjacent street 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.
   (b)   New subdivision street lighting shall be installed with all associated wiring underground.
   (c)   The design of all street light posts and lamp heads must be approved by the Village Administrator prior to installation.
      (Ord. 95-35. Passed 11-20-95.)

1181.07 SIDEWALKS.

   Prior to the granting of Final Plat approval, the subdivider shall have installed or shall have furnished adequate bond, as provided in Section 1181.13 hereof, for the ultimate installation of the following:
   (a)   Concrete sidewalks not less than four (4) feet in width and having a minimum thickness of four (4) inches shall be provided on both sides of the new streets within any residential subdivision and on the abutting side of any existing street contiguous to the subdivision. Where such new sidewalk meets an existing forty two (42) inch wide sidewalk, the new sidewalk may be narrowed sufficiently to meet the existing sidewalk evenly. Handicapped accessible sidewalk ramps shall be required at intersecting street rights of way in accordance with ADA standards.
   (b)   A utility strip a minimum of two (2) feet in width shall maintained between the inside edge of the sidewalk and the outside edge of the curb. This utility strip is to be seeded with grass or other suitable ground cover and shall not be used as a shade or street tree planting area.
   (c)   The subgrade shall be free of sod, vegetative or organic matter, soft clay and other objectionable materials for a depth of at least one (1) foot below finished grade. The subgrade shall be properly shaped and compacted.
   (d)   Installation may be deferred for a period of three (3) years by posting bond, as provided in Section 580 hereof, to permit the building of dwellings prior to the installation of sidewalks provided that no such deferment shall be continued in effect or granted as to a particular block in a subdivision after seventy (70) percent or more of the lots in such blocks have dwellings constructed thereon. In the event sidewalks are installed prior to the construction of dwellings, the minimum thickness for the sidewalk at the driveway shall be six (6) inches.
   (e)   In commercial and industrial subdivisions, sidewalks may be required by the Planning Commission.
   (f)   All sidewalks shall be installed in conformance with the ODOT Location and Design Manual and shall conform to ODOT Construction and Material Specifications Item 608.
      (Ord. 95-35. Passed 11-20-95.)

1181.08 WATER SUPPLY.

   Prior to the granting of Final Plat approval, the subdivider shall have installed or shall have furnished adequate bond, as provided in Section 1181.13 hereof, for the ultimate installation of the following:
   (a)   The subdivider shall provide a complete water distribution system, including a connection for each lot and appropriately spaced fire hydrants. Such water system shall conform to all applicable requirements of the Village of Delta.
   (b)   Each lot must be served by individual water line connections, except in the case of duplexes, which may be served with an approved wye tap, provided that each unit has an individual shut-off valve. Each dwelling unit, whether single family or multifamily, must have an individual meter easily accessible.
   (c)   All water line connections (tap-ins) will be made by the Village. The subdivider will provide all excavation, backfill, and compaction; and all excavations shall be safe to enter as determined by Village employees. Backfill material in roadways, driveways, and sidewalks shall meet appropriate ODOT specifications. The Village Administrator must be notified two (2) business days in advance of the work to be performed.
   (d)   All water service connections shall be of copper pipe, sufficiently sized to provide adequate water service.
   (e)   Where a public water supply is used, water supply lines shall be installed within the public road right-of-way, unless exceptional circumstances warrant their location elsewhere. Regardless of the location of the water supply lines, fire hydrants must be located within the road right-of-way.
      (Ord. 95-35. Passed 11-20-95.)

1181.09 SANITARY SEWERS.

   Prior to the granting of Final Plat approval, the subdivider shall have installed or shall have furnished adequate bond, as provided in Section 1181.13 hereof, for the ultimate installation of the following:
   (a)   Public sanitary sewers shall be installed to adequately serve all lots, including lateral connections. Public sewer system extensions shall meet the requirements of the Ohio Environmental Protection Agency (Ohio E.P.A.) and all Village standards. Combinations of sanitary sewers and storm sewers shall be prohibited. The Village Administrator will review all sanitary sewer proposals.
   (b)   Where exceptional circumstances warrant, as determined by the Planning Commission, the subdivider may provide a private sewer extension to serve the property being platted. Any private sewer line extensions must meet all Village and Ohio E.P.A. standards as well as those of the appropriate Board of Health and be approved by the Village Administrator. The subdivider, his heirs/successors and assigns shall be responsible for the maintenance of the private line. Under no circumstances will the Village assume ownership or maintenance responsibilities for private lines so installed. The subdivider must agree to tap into the public sewer system should public sewers be extended to the property.
   (c)   Where exceptional circumstances warrant, as determined by the Planning Commission, the subdivider may provide an adequate private sanitary treatment plant, or package plant, and the necessary sanitary sewer lines accessible to each lot. The system, where practicable, is to be designed so it can be integrated into the master plan of sanitary sewers when the public sewers are installed.
   (d)   Where exceptional circumstances warrant, as determined by the Planning Commission, the subdivider may provide private on-site sewage disposal systems, typically a septic tank and leach field system, for lots of one (1) acre or more in area if soil percolation tests, as prescribed by the appropriate Board of Health, have indicated a reasonably useful life for such disposal methods and all other relevant requirements of the appropriate Board of Health have been met. Other private onsite disposal methods may be approved by the appropriate Board of Health.
   (e)   Where a public sanitary sewer extension is provided by the developer, such sanitary sewer lines shall be installed within the public road right-of-way, unless exceptional circumstances warrant their location elsewhere.
   (f)   All lateral connections shall be a minimum of six (6) inches in diameter.
   (g)   The minimum elevation at the top of any sanitary manhole casting shall be not less than one (1) foot higher than the estimated twenty-five (25) year high water level.
      (Ord. 95-35. Passed 11-20-95.)

1181.10 STORM WATER MANAGEMENT.

   Prior to the granting of Final Plat approval, the subdivider shall have installed or shall have furnished adequate bond, as provided in Section 1181.13 hereof, for the ultimate installation of the following:
   (a)   All necessary facilities, including underground pipe, inlets, catch basins or open drainage ditches shall be installed to provide for the adequate disposal of surface water and to maintain any natural drainage course. Storm drainage, including drain tile around basements, shall not be permitted to discharge into any sanitary sewer facility, but shall connect to an adequate drainage outlet.
   (b)   Catch basins shall be installed in street gutters and located so that not more than four hundred (400) feet of gutter is drained into any basin. The catch basins shall conform to ODOT Construction and Material Specifications Item 604.
   (c)   Storm sewers shall be installed to outlet the street catch basins and to provide storm drainage for the lots. Storm sewers shall extend to the farthest lot line and terminate in a manhole that conforms to ODOT Construction and Material Specifications Item 604. These sewers shall be a minimum of twelve (12) inches in diameter and consist of tongue and groove, sealed joint, rigid pipe or an approval equal. All storm sewers under the pavement and curbs shall be of reinforced or extra strength pipe and shall be backfilled with granular material in concurrence with ODOT Construction and Material Specifications Item 603 Type B conduit specifications. All sewers shall be laid with a gradient that will provide a minimum full flow velocity of two (2) feet per second.
   (d)   All storm sewers must be inspected by a representative of the Village and thereby obtain approval from the Village before backfilling. Final acceptance of the storm sewer system will not be made without this approval.
   (e)   In order to protect the health, safety, and general welfare of the people, the Planning Commission may reject any proposed subdivision located in an area subject to periodic flooding, and may reject any proposed subdivision located in a one hundred (100) year floodplain, as identified by the Federal Emergency Management Agency or other appropriate authority. If the subdivision is located in an area having poor drainage or other adverse physical characteristics, the Commission may approve the subdivision provided the subdivider designs the subdivision to mitigate and minimize the disturbance of the one hundred (100) year floodplain. In lieu of improvements, the subdivider shall furnish adequate bond, as provided in Section 1181.13 hereof, covering the cost of the required improvements.
   (f)   Where natural drainage channels intersect the street right-of-way, it shall be the responsibility of the subdivider to have satisfactory bridges and/or culverts constructed. Where culverts are required, the following minimum requirements shall be observed:
      (1)   All culverts shall extended across the entire right-of-way width of the proposed road. The cover over the culvert and its capacity shall be approved by the responsible government official, depending upon jurisdiction. The minimum diameter of a culvert pipe shall be 18 inches. Head walls, depending on existing drainage conditions, may be required.
      (2)   Driveway culverts shall have a minimum length of twenty (20) feet. The diameter of driveway culverts shall be subject to the approval of the responsible governmental official, depending upon jurisdiction. The driveway culverts shall be laid so as to maintain the flow lines of the ditch or gutter. Head walls may be required.
   (g)   Standards and Specifications for Drainage Facilities: The construction of storm water drainage improvements shall be subject to the approval of the authority having jurisdiction.
      (Ord. 95-35. Passed 11-20-95.)

1181.11 MONUMENTS.

   Prior to the granting of Final Plat approval, the subdivider shall have installed the following:
   (a)   A permanent concrete monument, as defined in Section 1165.01(41) of these Regulations, shall be placed on the centerline of the right-of-way of each street intersection, at the beginning and end of all street curves, and at such other points as are necessary to establish definitely all lines of the plat.
   (b)   Iron pipe or pins shall be placed at the corners of all lots and at other points as are required by the Planning Commission.
      (Ord. 95-35. Passed 11-20-95.)

1181.12 TELEPHONE, ELECTRIC AND OTHER UTILITIES.

   (a)   All distribution wires and cables including electrical distribution and telephone and cablevision wires and cables, and those wires and cables used for street lighting, shall be installed underground in accordance with standards and regulations promulgated by the Public Utilities Commission of Ohio and by the public utility supplying such service. The Planning Commission may waive in whole or part the above requirements where a strict application thereof would result in excessive removal of trees or for other aesthetic reasons.
   (b)   Where practicable, utilities such as electrical distribution and telephone and cablevision wires and cables shall be placed within the public road right of way or within designated utility easements centered along rear and/or side lot lines.
(Ord. 95-35. Passed 11-20-95.)

1181.13 IMPROVEMENT GUARANTEES.

   (a)   Improvement guarantees shall be provided to ensure the proper installation and maintenance of required street, utility and other improvements as specified in Chapter 1181 hereof. The nature and duration of the guarantee shall be structured to achieve this goal without adding unnecessary costs to the developer.
   (b)   No Final Plat of any subdivision shall be approved until:
      (1)   The improvements listed in Sections 1181.01 to 1181.12, inclusive, hereof have been completed; or
      (2)   The subdivider has filed with the Clerk/Treasurer a surety bond in the amount of one hundred (100) percent of the estimated cost of construction of the improvements, or a cashier's check or certified check in the amount of ten (10) percent of the project cost, approved by the Planning Commission and the Solicitor, guaranteeing to the Village the completion of such improvements in a satisfactory manner within such time, not to exceed two (2) years, as may be fixed by the Commission. The bond or checks shall be approved by the Solicitor and shall be made payable to, and enforceable by the Village of Delta, Ohio.
   (c)   Upon application of the subdivider, the Planning Commission may waive compliance with subsection (b) hereof upon the following conditions:
      (1)   No lot or land abutting the unopened and improved street shall be sold and/or conveyed until said lot or land is in conformity with subsection (b)(1) or (b)(2) hereof. However, with the consent of the Planning Commission, all of such abutting lots or land may be sold and/or conveyed as one unit; and
      (2)   No building or zoning permit shall be issued or buildings constructed on lots or land abutting an unopened and unimproved street until the conditions set forth in subsection (b)(1) or (b)(2) hereof have been complied with.
   (d)   In the event the developer fails to complete the installation of all improvements according to the terms and conditions of subsection (b)(2) hereof, the Village, upon proper notice, may complete same and appropriate such portion of money or bonds posted for the faithful performance of said work.
   (e)   Inspections during installation of improvements shall be made by the Village of Delta to insure conformity with the approved Technical Design and Construction Plans and other specifications. The subdivider shall be liable for costs incurred for necessary inspections during construction. An amount covering the estimated costs of such inspections shall be deposited with the Planning Commission prior to commencing the work. The subdivider shall notify the proper administrative officials twenty-four (24) hours prior to commencing work.
   (f)   Upon completion of all required improvements, the developer shall notify the Planning Commission, in writing, of the completion of improvements and request a final inspection, and shall send a copy of said notification to the Village Engineer. The Village Engineer shall inspect all improvements of which such notice has been given and shall file a detailed report, in writing, with the Planning Commission indicating approval, partial approval, or rejection of such improvements with a statement of reason for any rejection.
   (g)   The Village Council shall either approve, partially approve, or reject the improvements on the basis of the report of the Village Engineer, and shall notify the developer in writing, by certified mail, of the contents of the report and the action no later than forty-five (45) days after receipt of the notice of completion from the developer. Failure of the Council to send or provide such notification to the developer within forty-five (45) days shall be deemed to constitute approval of the improvements, and the obliger and surety, if any, shall be released from all liability pursuant to such performance guarantee for such improvements.
   (h)   Where partial approval is granted, the developer shall be released from the portion of the escrow deposit or surety as designated for the completed improvements. However, the final ten (10) percent of the escrow deposit of surety shall not be released to the subdivider until all construction or installation covered by the said escrow deposit or surety is completed, inspected and accepted by the respective governmental authorities.
(Ord. 95-35. Passed 11-20-95.)

1185.01 ENFORCEMENT.

   It shall be the duty of the Village Administrator, or other designee of the Planning Commission, to enforce the provisions of these Regulations and to bring to the attention of the Planning Commission any violations or lack of compliance.
(Ord. 95-35. Passed 11-20-95.)

1185.02 RECORDING OF PLAT.

   No plat of any subdivision shall be recorded by the County Recorder of Fulton County or have any validity until said plat has received final approval in the manner prescribed in these Regulations. (Ord. 95-35. Passed 11-20-95.)
 

1185.03 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 Village Planning Commission, and endorsed in writing on the plat, unless said plat is first resubmitted to the Commission.
(Ord. 95-35. Passed 11-20-95.)

1185.04 SALE OF LAND WITHIN SUBDIVISIONS.

   No owner or agent of the owner of any land located within a subdivision shall transfer or sell any land by reference to, exhibition of, or by the use of a plat of the subdivision before such plat has been approved and recorded in the manner prescribed in these Regulations. The description of such lot or parcel by metes and bounds in the instrument of transfer or other documents used in the process of selling or transferring shall not exempt the transaction from the provisions of these Regulations.
(Ord. 95-35. Passed 11-20-95.)

1185.05 PUBLIC IMPROVEMENTS.

   The Village will withhold all public improvements of whatsoever nature, including the maintenance of streets and the furnishing of sewage facilities and water service from all subdivisions which have not been approved, and from all areas dedicated to the public which have not been accepted by the Village Council in the manner prescribed herein.
(Ord. 95-35. Passed 11-20-95.)

1185.06 SCHEDULE OF FEES, CHARGES AND EXPENSES.

   The Village Council shall establish a schedule of fees, charges and expenses, and a collection procedure for same, and other matters pertaining to these Regulations. The schedule of fees shall be posted in the office of the Village Clerk, and may be altered, or amended only by the Village Council. Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application or appeal.
(Ord. 95-35. Passed 11-20-95.)

1185.07 PENALTIES IMPOSED BY THE OHIO REVISED CODE.

   (a)   Violations of Rules and Regulations (711.102 O.R.C.).
    “Whoever willfully violates any rule or regulation adopted by the legislative authority of a municipal corporation or a board of county commissioners pursuant to Section 711.101 of the Revised Code or fails to comply with an order issued pursuant thereto, shall forfeit and pay not less than ten nor more than one thousand dollars.
   “Such sum may be recovered with costs in civil action brought in the court of common pleas of the county in which the land lies relative to which such violation occurred, by the legal representative of the village, city or county, in the name of such village, city, or county and for the use thereof.”
   (b)   Forfeiture for Wrongfully Recording Plats (711.12 O.R.C.).
   “A county recorder who records a plat contrary to Section 711.01 to 711.38, inclusive, of the Revised Code, shall forfeit and pay not less than one hundred nor more than five hundred dollars to be recovered with costs in a civil action by the prosecuting attorney in the name and of the use of the county.”
   (c)   Transfer of Land Before Recording; Forfeiture (711.13 O.R.C.) 
   “Whoever, being the owner or agent of the owner of any land within or without a municipal corporation, willfully transfers any lot, parcel, or tract of such land from or in accordance with a plat of a subdivision as specifically defined in this chapter, before the plat has been recorded in the office of the county recorder, shall forfeit and pay the sum of not less than ten nor more than five hundred dollars for each lot, parcel, or tract of land so sold. The description of the lot, parcel, or tract by metes and bounds in the deed or transfer shall not serve to exempt the seller from the forfeiture provided in this section.
   “If the land is within a municipal corporation, the sum may be recovered in a civil action, brought in any court of competent jurisdiction by the city director of law or other corresponding official of the municipal corporation in the name of the municipal corporation and for the use of the street repair fund thereof. If the land is situated outside a municipal corporation, the sum may be recovered in a civil action, brought by the prosecuting attorney, or other corresponding official, or planning commission of the county in which the land is situated, in the name of the county and for the use of road repair fund thereof.
   “If the land is situated outside a municipal corporation, the sum may be recovered in a civil action, brought by the prosecuting attorney, or other corresponding official, or planning commission of the county in which the land is situated, in the name of the county and for the use of the road repair fund thereof.
   “The sale of lots, parcels, or tracts from a plat of a subdivision on which any and all areas indicated as streets or open grounds are expressly indicated as for the exclusive use of the abutting or other owners in the subdivision and not as public streets, ways, or grounds shall not serve to exempt the seller from the requirements of this chapter or from the forfeiture provided in this section.”
   (d)   Disposal of Lots; Forfeiture (711.15 O.R.C.),
    “Any person who disposes of, offers for sale, or leases for a time exceeding five years, any lot, or part of a lot, in a subdivision with intent to violate Sections 711.001 to 711.14, inclusive, of the Revised Code, shall forfeit and pay the sum of not less than ten nor more than five hundred dollars for each lot or part of a lot so sold, offered for sale, or leased, to be recovered, with costs, in a civil action, in the name of the county treasurer for the use of the county.”
      (Ord. 95-35. Passed 11-20-95.)

APPLICATION FOR PRELIMINARY PLAT APPROVAL

Delta, Ohio
 
Date:                                            Application No.:                       
 
Fee: $                 Paid?               for review at P.C. meeting on:                 
for office use only
 
 
1.    Name of Applicant:                                                                                                                                                                     
   Address:                                                                                         
   Phone:                                           Fax:                                      
2.    Name of Surveyor or Engineer:                                                            
   Address:                                                                                         
   Phone:                                           Fax:                                      
3.    Name of Subdivision:                                                                         
4.    Locational Description:    Section          Twp           Range               
               Township                                                  
   (In addition, please attach a copy of the legal description.)
5.    Proposed Use:                                                                                   
6.    Present Zoning District:                                                                      
7.    Proposed Zoning Changes:                                                                  
8.    Number of Lots:                                 Area of Parcel:                        
9.    What type of sewage disposal do you propose?                                        
(If other than a public sewer system is proposed, include a letter from the appropriate authority approving such system.)
10.    List all proposed improvements and utilities and state your intention to install or post a    guarantee prior to actual installation.
    Improvement          Installation          Guarantee
a.                                                                                                  
b.                                                                                                      
c.                                                                                                     
d.                                                                                                      
e.                                                                                                       
f.                                                                                                      
 

PRELIMINARY PLAT CHECKLIST

Delta, Ohio
 
Date:                                              Application No.:                                   
 
Subdivision:                                                                                              
 
The following items (do, do not) conform to the requirements of the Subdivision Regulations of the Village of Delta. Those items not conforming are explained in a separate attachment.
Do   Do Not    NA    Item
1.                                   Name of Subdivision (Section 1169.14(b)(1) )
 
2.                                    Locational Description (Section 1169.14(b)(2))
 
3.                                   Name and address of owner, subdivider, and surveyor (Section 1169.14(b)(3))
 
4.                                   Sheet size not larger than 24"x 36" (Section 1169.14(b))
 
5.                                   Seven copies submitted (Section 1169.05(c))
 
6.                                    Proper scale (Section 1169.14(b)(4))
 
7.                                   Date and North point (Section 1169.14(b)(4))
 
8.                                    Vicinity Map (Section 1169.14(b)(12))
 
9.                                   Names of adjacent subdivisions and owners
                (Section 1169.14(b)(8))
 
10.                                  Zoning classification (Section 1169.14(b)(9))
 
11.                                  Topography at 2' intervals (Section 1169.14(b)(10))
12.                                  Location, width and names of existing streets, rights-of-way and easements (Section 1169.14(b)(6))
13.                                  Location and dimensions of existing buildings and parks (Section 1169.14(b)(6))
14.                                  Corporation, township, range and section lines (Section 1169.14(b)(6))
15.                                  Location of existing sewers, water lines, open ditches and other facilities (Section 1169.14(b)(7))
16.                                  Layout, names and widths of proposed streets or easements (Section 1169.14(b)(13))
 
PRELIMINARY PLAT CHECKLIST
page two
 
Subdivision:                                                                                                                 
 
Do    Do Not    NA    Item
 
17.                                   Layout and approximate dimensions of all lots
                (Section 1169.14(b)(14))
 
18.                                   Building setback lines (Section 1169.14(b)(15))
 
19.                                   Public dedications (Section 1169.14(b)(19))
 
20.                                   Statement of proposed use of lots (Section 1169.14(c))
21.                                   Diagram of the layout of the proposed sewer and
               water facilities (Section 1169.14(b)(16))
22.                                   Diagram of the drainage system (Section 1169.14(b)(17))
23.                                   High water levels and areas of flooding
                (Section 1169.14(b)(18))
24.                                   Screen planting plan, if any (Section 1169.14(b)(20))
 
 

APPLICATION FOR FINAL PLAT APPROVAL

Delta, Ohio
 
Date:                                         Application No.:                                
 
for review at P.C. meeting on:                                           
for office use only
 
 
1.    Name of Applicant:                                                                      
   Address:                                                                                     
   Phone:                                     Fax:                                          
2.    Name of Surveyor or Engineer:                                                      
   Address:                                                                                      
   Phone:                                     Fax:                                           
3.    Name of Subdivision:                                                                      
4.    Date Preliminary Plat Approved:                                                       
5.    Have all required improvements been installed?              Yes           No
   If no, include detailed cost estimates and the improvement guarantees
   required by Section 1181.13.
6.    Do you propose deed restrictions?              Yes              No
   (If yes, please attach a final copy of the deed restrictions.)
7.    List all other materials submitted with this application.
Item
   a.                                                                                          
   b.                                                                                           
   c.                                                                                          
   d.                                                                                          
   e.                                                                                           
   f.                                                                                          
 
 
 

FINAL PLAT CHECKLIST

Delta, Ohio
 
Date:                                                   Application No.:                              
 
Subdivision:                                                                                               
 
The following items (do, do not) conform to the requirements of the Subdivision Regulations of the Village of Delta. Those items not conforming are explained in a separate attachment.
     Do    Do Not    NA    Item
 
1.                                   Submitted within 12 months of preliminary
                approval (Section 1169.05(h))
 
2.                                   Conforms to preliminary plat and incorporates
                required changes (Section 1169.09(a))
 
3.                                   Name of Subdivision (Section 1169.16(b)(1))
 
4.                                   Locational Description (Section 1169.16(b)(2))
 
5.                                   Sheet size correct (Section 1169.16(b))
 
6.                                   Seven copies submitted (Section 1169.09(a))
 
7.                                   Drawn in ink on mylar (Section 1169.16(b))
 
8.                                   Proper scale (Section 1169.16(b)(3))
 
9.                                   Date and North point (Section 1169.16(b)(3))
 
10.                                   Accurate survey data: radii; internal angles;
               points of curvature; tangent bearing; lengths of
               arcs; lengths of chords (Section 1169.16(b)(8))
 
11.                                   Plat boundaries (Section 1169.16(b)(4))
 
12.                                   Bearings and distances to street lines, section
                corners or other permanent monuments
               (Section 1169.16(b)(5))
 
13.                                   Village, township, county or section lines
                (Section 1169.16(b)(6))
 
14.                                   Location, width and names of streets
               (Section 1169.16(b)(7))
 
15.                                   Lot numbers and dimensions (Section 1169.16(b)(10))
 
16.                                   Building setback lines (Section 1169.16(b)(13))
 
 
FINAL PLAT CHECKLIST
page two
 
Subdivision:                                                                                           
 
Do    Do Not    NA    Item
 
17.                                   Easements for utilities (Section 1169.16(b)(9))
 
18.                                  Parks and open spaces (Section 1169.16(b)(12))
 
19.                                  Final deed restrictions (Section 1169.16(c))
 
20.                                  All required certifications (Section 1169.16(d))
 
21.                                  Statement from the Village Administrator
               regarding the installation of improvements
               (Section 1169.09(b))
 

APPLICATION FOR MINOR SUBDIVISION WAIVER OF PLAT

Delta, Ohio
 
Date:                                       Application No.:                              
 
Fee: $              Paid?               scheduled for P.C. review on:                 
for office use only
 
 
Administrative waiver of plat may be granted only under the following conditions:
 
   1.    The proposed subdivision is along an existing public road and involves no openings, widening or extension of any street.
   2.    No more than five (5) lots are involved after the original parcel has been completely subdivided.
   3.    The subdivision is not contrary to applicable platting, subdividing, or zoning regulations. A variance can only be requested before the entire Commission.
   4.    The property has been surveyed and a survey and legal description are submitted.
 
1.    Name of Applicant:                                                                       
   Address:                                                                                     
   Phone:                                                                                        
 
2.    Name of Property Owner:                                                               
   Address :                                                                                     
   Phone:                                                             
3.    Parcel Address:                                                                             
4.    Parcel Size:            acres    Frontage:            ft.    Depth:            ft.
 
5.    Zoning District:                                                                             
6.    Proposed use:                                                                                
7.    Other information:                                                                          
 
                                                              
                                                                                                      
8.    Please attach a copy of the survey.
 
9.    Please attach a copy of the legal description.
 
 
CODIFIED ORDINANCES OF DELTA