Dover City Zoning Code
TITLE THREE
Subdivision Regulations
APPENDIX 1 REQUIRED STATEMENTS AND SIGNATURES
Item 1. REQUIRED STATEMENTS AND SIGNATURES Situated in the County of Tuscarawas, State of Ohio, and being of Section ___________, Township __________________ , containing ___________ acres and being the same tract as conveyed to ________________________ , and described in deed recorded in Deed Book ___________ , Page __________ , Recorder's Office, Tuscarawas County, Ohio. The undersigned ___________________________________ hereby certify that the attached plat correctly represents their "__________________________________" a sub- division of lots ____________ to _____________ inclusive, do hereby accept this plat of same and dedicate to public use as such all or parts of the roads, boulevards, cul-de-sacs, parks, planting strips, etc. shown herein and not heretofore dedicated. The undersigned being all the owners and lien holders of the lands herein platted further agrees that any use or improvements made on this land shall be in conformity with all existing valid zoning, platting, health or other lawful rules and regulations of the City of Dover, Ohio, for the benefit of himself and all other subsequent owners or assigns taking title from under or through the undersigned. Easements shown on this plat are reserved for the construction, operation, maintenance, repair, replacement or removal of the public utility lines or services, and for the express privilege of removing any and all trees or other obstructions to the free use of said utilities and for providing ingress and egress to the property for said purposes and are to be maintained as such forever. Easements are reserved where indicated on the plat for public utility purposes above and beneath the surface of the ground. In witness whereof ___________________________________________ have hereunto set their hands this _____________________ day of ________________ , 19_____. Witness ______________________ Signed ___________________________ ______________________ _______________________________ Surveyed and Platted by ______________________________________________________ Civil Engineers and Surveyors We do hereby certify that we have surveyed the premises and prepared the attached plat and that said plat is correct. All dimensions are shown in feet and decimal parts thereof. Dimensions on curves are chord measurements. By ________________________________ Registered Surveyor #___________ (Ord. 45-67. Passed 8-7-67.) |
APPENDIX 2 APPROVALS OF SUBDIVISION PLAT
Item 2. APPROVALS OF SUBDIVISION PLAT State of Ohio ) SS County of Tuscarawas) Before me, a Notary Public in and for said County, personally came __________________ ________________________, who acknowledged the signing of the foregoing certificate to be their voluntary act and deed and the voluntary corporate act and deed of said corporation for the uses and purposes therein expressed. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this _________________________ day of ______________________, 19___. _________________________ _________________________________ My Commission Expires Notary Public Tuscarawas County, Ohio 1. Approved this ____ day of _________ , 19___. ___________________ Dover City Engineer Approved this ____ day of ________ , 19___. ___________________ Tuscarawas County Sanitary Engineer Approved this ____ day of ________ , 19___. ___________________ Secretary of Planning Commission 2. Approved and accepted by Council this ______day of _____________ , 19___, the roads, boulevards, etc., herein dedicated to public use are hereby accepted as such for the City of Dover, State of Ohio. _______________________________ Mayor _______________________________ Council Clerk _______________________________ 3. Transferred this ______ day of _____________ , 19___. ________________________________ Tuscarawas County Auditor Filed for Record this ________ day of ________________ , 19___ , at M. Recorded this ___ day of ______________, 19___ , in Plat Book _____________ , Page No. ______. ___________________________ __________________________ Tuscarawas County Recorder Deputy Recorder Approved this ___ day of __________ , 19___ _____________________________ Secretary, City Planning Commission Approved this ___ day of _________ , 19___ ____________________________ City Engineer of Dover (Ord. 45-67. Passed 8-7-67.) |
APPENDIX 3 SUBDIVIDER GUIDES
1. Development Procedures
2. Example Plats
3. Development Guides
INTRODUCTION
The information and material included in the following pages has been developed to provide the potential land developer, as well as local governmental administrators, with sources of procedural and exemplary tools to assist in the administration of the community's subdivision regulations as well as to promote a better and more satisfactory design for new development.
The subdivision procedure flow diagram which follows illustrates the steps which a subdivider must take to receive final plat approval under the subdivision regulations. In following the prescribed procedure, the subdivider must submit a series of three plats or plans. These are (1) a preliminary subdivision plan, (2) a preliminary plat, and (3) a final plat or series of final plats to be filed with the County Recorder.
SUBDIVISION PROCEDURES Actions by Subdivider Actions by Planning Commission Meets with Planning Commission to Provides Subdivider with copy of Subdivision receive standards and procedures (1) Regulations. Checks Master Plan for for subdividing. (2) proposed development of area and makes developer aware of other ordinances which will apply to his intended action. Prepares Preliminary Plan with help of Landscape Architect, Surveyor or other qualified in- (3) dividual based on boundary survey, contours and other pertinent facts. Presents Preliminary Plan for Checks Preliminary Plan for conformity review by Planning Commission (4) (5) to Subdivision Regulations, Master Plan and Administrative Personnel. and other applicable ordinances. Submits tentative plat pre- Reviews Preliminary Plat for conformance pared by Registered Civil (7) to other governmental agencies having Engineer or Registered Land (6) jurisdiction. Surveyor for conditional approval to Planning Commis- sion to take action on plat. Acts on Preliminary Plat. Gives tentative (8) approval, approval with modifications or disapproval. Prepares final plan in accord Checks final plat for conformance with with conditions of tentative tentatively approved plat. approval and presents to Plan- ning Commission for final action. Records final plat with County Approves or disapproves final plat. Recorder after approval by Planning Commission. |
DESIGN CONCEPTS
As a result primarily of the post World War II building boom, many new concepts, means, methods, and materials have developed to provide for the construction of better subdivisions, commercial centers, industrial complexes, neighborhoods, and even communities. The concept of grid system street design, as an example, today is considered completely obsolete. The concept of individual properties is rapidly becoming obsolete as a new cluster-type design is developing wherein common, jointly maintained open space flows throughout the neighborhood between individual building sites. To assist the local developer and the community's administrators in arriving at suitable developmental design decisions, several development examples are included in the following pages. They illustrate not only concepts of subdivision design but also local business center development, industrial development, and mobile home park development.
1103.01 SHORT TITLE.
This Title Three of Part Eleven (Ordinance 45-67, passed August 7, 1967) shall be known and may be cited as the “Subdivision Regulations for Dover, Ohio”, and shall hereinafter be referred to as the “Subdivision Regulations”.
(Ord. 45-67. Passed 8-7-67.)
1103.02 INTERPRETATION AND PURPOSE.
In their interpretation and application, the provisions of these Subdivision Regulations shall be held to be the minimum requirements adopted for the protection of the public health, safety and welfare. To protect the public, among other purposes, such provisions are intended to provide for permanently wholesome community environment, adequate public services and safer streets and highways.
(Ord. 45-67. Passed 8-7-67.)
1103.03 SCOPE.
These Subdivision Regulations shall not apply to any lot or lots forming a part of a subdivision created and recorded prior to the effective date of these Subdivision Regulations. Nor is it intended by these Subdivision Regulations to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or regulations, except those specifically repealed by these Subdivision Regulations, or with private restrictions placed upon property by deed, covenant or other private agreement, or with restrictive covenants running with the land to which the County is a party. Where these Subdivision Regulations impose a greater restriction upon land than is imposed or required by such existing provisions of law, resolution, contract or deed, the provisions of these Subdivision Regulations shall control.
(Ord. 45-67. Passed 8-7-67.)
1103.04 APPLICABILITY TO VARIOUS USES.
Subdividers or developers of shopping centers and other commercial as well as industrial uses, must comply with the same requirements as residential developers. Plans or written and signed statements regarding highway access points and planted areas and buffer strips may be required where applicable. (Ord. 45-67. Passed 8-7-67.)
1103.05 ADMINISTRATION AND AUTHORITY.
The City Planning Commission, having adopted a major highway plan according to statutory requirements, and Council by virtue of the provisions of Ohio R.C. Chapter 711, are authorized, subject to the holding of the required public hearings, to adopt rules and regulations covering plats for subdivisions of land and to approve, conditionally approve or disapprove plats or subdivisions of land falling within their jurisdiction. Administration of the rules and regulations contained herein shall be the responsibility of the City Planning Commission. (Ord. 45-67. Passed 8-7-67.)
1103.06 JURISDICTION.
The provisions of these Subdivision Regulations shall apply to all plats, subdivisions and conveyances of land in the City or within three miles of the corporate limits thereof as described in Ohio R.C. 711.09. The City Planning Commission shall have the power of final approval of the plats, except that the provisions of Chapter 1111 within the three mile radius shall be the jurisdiction of the County Engineer.
(a) No person shall divide or lay out into lots any land within the Municipality or three mile area unless it is by a plat complying with the Subdivision Regulations herein contained. No plat shall be recorded and no lot or land shall be sold from any such plat until such plat has been approved as herein required.
(Ord. 20-96. Passed 5-20-96.)
(b) The design and layout of all subdivisions shall conform with the requirements hereof. The subdivider shall make improvements and shall submit preliminary and final plans, all in accordance with these Subdivision Regulations.
(c) The division of a tract in to five parcels or less, fronting upon an existing street, and where the transfer is to be accomplished by the recording of a deed rather than a plat, requires the approval of the City Planning Commission before it can be recorded. Such approval may be accomplished in the manner provided in Section 1107.04.
However, if in the opinion of the City Planning Commission, the tract has potential to be ultimately divided into more than five parcels by subsequent further division of one or more of the parcels, the City Planning Commission may require full compliance with the Subdivision Regulations herein contained.
(Ord. 45-67. Passed 8-7-67; Ord. 63-93. Passed 10-4-93.)
(d) Within three miles of the corporate limits, the City of Dover shall maintain jurisdiction over the patterns of streets under the authority of the City Planning Commission. (Ord. 20-96. Passed 5-20-96.)
1103.07 PUBLIC HEARING.
The Planning Commission, on its own initiative or upon petition by a resident or neighboring property owner may, prior to acting on a preliminary map of a subdivision, hold a hearing thereon at such time and upon such notice as the Commission may designate.
(Ord. 45-67. Passed 8-7-67.)
1103.08 EFFECTIVE DATE.
These Subdivision Regulations shall be effective following adoption by the Planning Commission and Council, after public hearing and certification to the Recorder, as provided by law. Henceforth, any other regulations previously adopted by Council or the City Planning Commission shall be deemed to be repealed. These Subdivision Regulations shall in no way affect any subdivision having received preliminary approval by the Commission prior to the effective date, provided, however, that no changes to the preliminary plan, as approved, are introduced by the subdivider. (Ord. 45-67. Passed 8-7-67.)
1103.09 AMENDMENTS.
Council may, after public hearing, amend, supplement or change these Subdivision Regulations. Notice shall be given of the time and place of such public hearing by publication in at least one newspaper of general circulation published in the local area thirty days prior to the holding of such hearing. The amendment or amendments shall be on file in the office of the Planning Commission for public examination during the thirty days.
(Ord. 45-67. Passed 8-7-67.)
1105.01 BLOCK.
"Block" means a piece or parcel of land entirely surrounded by public highways, public streets, railroad rights of way, parks, streams, lakes or bodies of water or a combination of these bounds. (Ord. 45-67. Passed 8-7-67.)
1105.02 BUILDING SITE.
"Building site" means that portion of the lot or parcel of land upon which the building and appurtenances are to be placed or are already existing, including adequate areas for sewage disposal, clearance, proper drainage and appropriate easements. (Ord. 45-67. Passed 8-7-67.)
1105.03 CITY ENGINEER.
"City Engineer" means the City Engineer of Dover, Ohio.
(Ord. 45-67. Passed 8-7-67.)
1105.04 COMPREHENSIVE PLAN.
"Comprehensive plan" means the master plan (which may consist of several maps, data, etc.) or any portion thereof, made and adopted by the City Planning Commission or by the County Planning Commission, and which shows the general location and extent of physical facilities, including major streets and main thoroughfares, parks, schools, other public open spaces and public building sites. (Ord. 45-67. Passed 8-7-67.)
1105.05 COUNTY.
"County" means Tuscarawas County, Ohio. (Ord. 45-67. Passed 8-7-67.)
1105.06 COUNTY ENGINEER.
"County Engineer" means the County Engineer of Tuscarawas County, Ohio.
(Ord. 45-67. Passed 8-7-67.)
1105.07 CROSSWALK.
"Crosswalk" means a right of way which cuts across a block to facilitate access to adjacent streets and properties. (Ord. 45-67. Passed 8-7-67.)
1105.08 DEVELOPER.
"Developer" means any person, partnership or corporation or duly authorized agent who constructs or contracts to construct improvements on subdivided land.
(Ord. 45-67. Passed 8-7-67.)
1105.09 EASEMENT.
"Easement" means a grant by the property owner for specified use of such land to a corporation, partnership, person or persons or to the public. (Ord. 45-67. Passed 8-7-67.)
1105.10 FINAL PLAT.
"Final plat" means the final map, drawing or chart on which the subdivider's plan is presented to the City Planning Commission for approval and which, if approved, will be submitted to the Recorder of Tuscarawas County. (Ord. 45-67. Passed 8-7-67.)
1105.11 FLOOD PLAIN.
"Flood plain" means that portion of a river or creek valley adjacent to the drainage channel, which is periodically covered with water when the river or creek overflows its bank during flood stage. (Ord. 45-67. Passed 8-7-67.)
1105.12 HILLSIDE AREA.
"Hillside area" means an area with an average slope of ten percent or more.
(Ord. 45-67. Passed 8-7-67.)
1105.13 IMPROVEMENTS.
"Improvements" mean street improvements, with or without curb or gutter, sidewalks, crosswalks, water mains, sanitary and storm sewers, street trees and other appropriate items. (Ord. 45-67. Passed 8-7-67.)
1105.14 LOCATION MAP.
"Location map" means a drawing at a reduced scale which shows legibly, by dimension and/or other means, enough area beyond the bounds of the proposed subdivision to locate and influence the property. (Ord. 45-67. Passed 8-7-67.)
1105.15 LOT.
"Lot" means a parcel of land intended for transfer of ownership or building development, having its principal frontage on a public street, except for those lots on private lanes as allowed by the Planning Commission in cluster subdivisions.
(Ord. 45-67. Passed 8-7-67.)
1105.16 NEIGHBORHOOD UNIT.
"Neighborhood unit" means a neighborhood development as a district, adhering to the principle that it should have its own elementary school, local business district, churches, clubs, recreation area and be bounded, not traversed, by major thoroughfares or major streets, as hereinafter defined. (Ord. 45-67. Passed 8-7-67.)
1105.17 OFFICIAL HIGHWAY PLAN.
"Official highway plan" means a plan designating a system of principal or major streets and highways for traffic intercommunication. (Ord. 45-67. Passed 8-7-67.)
1105.18 OWNER.
"Owner" means any individual, firm, association, syndicate, copartnership, 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. (Ord. 45-67. Passed 8-7-67.)
1105.19 PAD.
"Pad" means a building site prepared by artificial means, including grading, excavation, filling or any combination thereof. (Ord. 45-67. Passed 8-7-67.)
1105.20 PERFORMANCE BOND OR SURETY BOND.
"Performance bond or surety bond" means an agreement by a subdivider or developer with the City for the amount of the estimated construction cost, guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by the subdivider's agreement. (Ord. 45-67. Passed 8-7-67.)
1105.21 PLANNING COMMISSION OR COMMISSION.
"Planning Commission" or "Commission" means the City Planning Commission of Dover, Ohio. (Ord. 45-67. Passed 8-7-67.)
1105.22 PLAT.
"Plat" means a map upon which the subdivider's plan of the subdivision is presented and which he submits for approval and intends to record in the final form.
(Ord. 45-67. Passed 8-7-67.)
1105.23 PRELIMINARY PLAN.
"Preliminary plan" means the preliminary plan, drawing or chart indicating the proposed layout of the subdivision. (Ord. 45-67. Passed 8-7-67.)
1105.24 PROSECUTOR, COUNTY PROSECUTOR.
"Prosecutor" or "County Prosecutor" means the Prosecutor of Tuscarawas County, Ohio. (Ord. 45-67. Passed 8-7-67.)
1105.25 REGULATION.
"Regulations" mean the Subdivision Regulations for Dover, Ohio.
(Ord. 45-67. Passed 8-7-67.)
1105.26 RESERVES.
"Reserves" mean parcels of land within a subdivision that are intended for future use.
(Ord. 45-67. Passed 8-7-67.)
1105.27 SETBACK LINE.
"Setback line" means a line indicating the minimum horizontal distance between the street easement or right-of-way line and buildings or any projection thereof, other than steps or permanently open porches, unless otherwise specifically defined.
(Ord. 45-67. Passed 8-7-67.)
1105.28 SOLICITOR.
"Solicitor" means the City Solicitor of Dover, Ohio. (Ord. 45-67. Passed 8-7-67.)
1105.29 STREET.
"Street" means a way for vehicular traffic, whether designated as a street, highway, thoroughfare, parkway, throughway, freeway, road, boulevard, avenue, lane or place, or however otherwise designated.
(a) Intercommunity Thoroughfares.
(1) Interstates or expressways possess extra-wide rights of way carrying high traffic volumes of unobstructed, limited-access vehicular movement.
(2) Limited access highways intercept several major streets and may or may not have separated intersections. This is a principal or heavy traffic street of considerable continuity and used primarily as a traffic artery for intercommunication between large areas.
(b) Intracommunity Streets.
(1) Major streets are those local thoroughfares which carry cross-town traffic from several neighborhoods, thereby servicing several residential collector streets.
(2) Collector streets are primary streets serving industrial and commercial areas on the principal street, which carry traffic from minor streets to major streets, including the principal entrance streets of residential developments and primary circulation routes within such developments.
(3) Minor streets are used primarily for access to abutting properties.
(4) Marginal access streets are minor streets which are parallel and adjacent to arterial streets and provide access to abutting properties and protection from major streets or thoroughfares.
(5) Cul-de-sac or dead-end streets are minor streets with only one outlet.
(6) Alleys are minor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
(c) Intercounty. A primary thoroughfare is a road which is used for intercommunity travel.
(d) Intracounty. A secondary thoroughfare is a minor road in a rural area which is used for travel within a township or from farm to farm.
(e) Street Width. Street width means the shortest distance between the lines delineating the right of way of a street. (Ord. 45-67. Passed 8-7-67.)
1105.30 SUBDIVIDER.
"Subdivider" means 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.
(Ord. 45-67. Passed 8-7-67.)
1105.31 SUBDIVISION.
"Subdivision" means:
(a) The division of any parcel of land, shown as a unit or as contiguous units on the last preceding tax roll, into two or more parcels, sites or lots, any one of which is less than five acres for the purposes, whether immediate or future, of transfer of ownership. However, 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;
(b) The improvement of one or more parcels of land for residential, commercial or industrial structures or groups of structures involving the division or allocation of land for the opening, widening or extension of any street or streets, except private streets serving industrial structures; the division or allocation of land as open spaces for common use by owners, occupants or lease holders, or as easements for the extension and maintenance of public sewer, water, storm drainage or other public facilities.
(Ord. 45-67. Passed 8-7-67.)
(Ord. 45-67. Passed 8-7-67.)
1107.01 PREAPPLICATION SKETCH PLAN.
Previous to the filing for tentative approval of the preliminary plat, the subdivider shall submit to the City Planning Commission a sketch plan, similar to the example of a preapplication sketch found in Appendix 3.
The purpose of this stage is to discuss early and informally the purpose and effect of these Subdivision Regulations and to familiarize the developer with the comprehensive plan, official highway plan for the City, zoning and other City and County planning engineering projects, drainage, sewerage, water systems and similar standards, requirements and plans.
The sketch plan shall be clearly and legibly drawn. The size of the map shall be on one or more sheets and shall be drawn at a scale of one inch equals approximately 200 feet.
(Ord. 45-67. Passed 8-7-67.)
1107.02 SUBMISSION FOR CONDITIONAL APPROVAL OF PRELIMINARY PLAN.
(a) Content and Supplementary Information.
(1) Form. The preliminary plat shall be clearly and legibly drawn. The size of the map shall be on one or more sheets, twenty inches by twenty inches.
All subdivisions shall be drawn at a scale of one inch equals fifty feet.
(2) Map contents. The preliminary plat shall contain the following information:
A. Proposed name of the subdivision. The name shall not duplicate, be the same in spelling or alike in pronunciation with any other recorded subdivision in the County.
B. Location by section and township.
C. Names and addresses of the subdivider, owner and professional individual responsible for the preparation of the preliminary plan.
D. Date of survey.
E. Scale of the plan both graphically and numerically, north point and date.
F. Boundaries of the subdivision indicated by a heavy line and its acreage indicated.
G. Total acreage.
H. Location, widths and names of existing, platted streets, railroad rights of way, easements, parks, permanent buildings, corporation lines and Township.
I. Names of adjacent subdivisions, owners of record (as of the last preceding tax roll) of adjoining parcels of unsubdivided land and the location of their boundary lines.
J. Zoning districts, if any.
K. Existing contours with intervals of not more than five feet where the slope exceeds ten percent and not more than two feet where the slope is ten percent or less. Elevations are to be based on sea level datum (USGS). Reference bench mark used shall be indicated. When the slope is less than ten percent and involves ten lots or less, contours may be omitted.
L. Existing drainage channels, underground facilities, wooded areas, power transmission poles and lines and any other significant items should be shown. High water marks are to be shown in vicinities of streams or lakes.
M. All lot numbers and building setback lines with dimensions.
N. When lots are located on a curve or when side lot lines are at angles other than ninety degrees, the width at the property line shall be shown.
O. Parcels of land intended to be reserved for public uses or to be reserved by covenant for residents inhabiting the subdivision.
P. Vicinity map.
(3) Supplementary information. The preliminary plat shall contain the following supplementary information:
A. Statement of the proposed use of lots, stating type of residential buildings with the number of proposed dwelling units, and type of business or industry, so as to reveal the effect of the development on traffic, fire hazards or congestion of population.
B. Proposed covenants and restrictions.
D. Statement outlining the method to be used and provisions to be made for sewage disposal, drainage and flood control. (See Chapter 1111.)
E. If any zoning changes are contemplated by the subdivider, the proposed zoning should be outlined and described.
F. After receiving notice of the approval of the preliminary plat and prior to the filing of the final plat, the subdivider shall present to the Planning Commission typical sections and complete profiles of streets and other related improvements to be constructed in the proposed subdivision, prepared by a registered engineer. The Commission shall, within five working days after the filing of the above typical sections and complete profiles, transmit copies of the same to the City Engineer and the County Health Commissioner for study and final recommendations. The Commission, after receiving a report from the aforementioned officials, shall notify the subdivider of any recommended changes or suggestions so that the subdivider may prepare the final improvement plans and final plat.
(b) Filing. The subdivider shall prepare and file a preliminary plan for approval with the Commission, and five copies shall be required by the Commission according to the standards and other requirements of these Subdivision Regulations. The preliminary plan shall be considered officially filed on the day accepted by the Commission and shall be so dated. The preliminary plan shall then be examined by the City Engineer and/or a designated person in behalf of the Commission.
(c) Approval. The City Planning Commission shall forward copies of the preliminary plan to the Regional Planning Commission concerned and to such other officials, and agencies as may be properly interested for the purpose of study and recommendation. After receipt of reports from such officials and agencies, the City Planning Commission shall determine whether the preliminary map shall be approved, approved with modifications or disapproved. Notice of such action shall be supplied to the subdivider.
The Commission shall act on the preliminary plan within thirty days after filing, unless such time is extended by agreement with the subdivider or his agent.
When a preliminary plan has been approved by the Commission, the Chairman or Secretary of the Commission shall affix his signature to the plan and return one copy to the subdivider for compliance with final approval requirements. Approval of the preliminary plan by the Commission shall not constitute approval of the final plan by the Commission.
Approval of the preliminary plan shall confer upon the subdivider for one calendar year from the date of approval the guarantee that the general terms and conditions under which the approval was granted will not be affected by any changes and/or amendments to these Subdivision Regulations. (Ord. 45-67. Passed 8-7-67.)
1107.03 SUBMISSION FOR APPROVAL OF FINAL PLAT.
(a) General. The final plat will have incorporated all changes or modifications required by the Planning Commission and City Engineer; otherwise it shall conform to the preliminary plat. It may constitute only that portion of the approved preliminary plat which the subdivider proposed to record and develop at the time, provided that such portion conforms with all requirements of these Subdivision Regulations.
(b) Preparation. The final plat shall be prepared by a registered surveyor.
(c) Form. The final plat shall be clearly and legibly drawn in India ink on tracing cloth or other materials of equal permanence. The size of the plat shall be on one or more sheets twenty inches by twenty inches. The scale shall be one inch equals fifty feet. If more than two sheets are required, an index sheet must be filed showing the entire subdivision on one sheet with all areas shown on other sheets indicated thereon.
(d) Map Contents. The final plat shall contain the following information:
(1) Name of the subdivision; location by section, Township, date, north point, graphic and numerical scale and total acreage.
(2) All plat boundaries with length of courses in feet and hundredths, bearings to not more than half minutes. Closure shall be submitted to second order survey.
(3) Bearings and distances to the nearest established street lines or other recognized permanent monuments, which shall be accurately described on the plat.
(4) Lines of adjoining streets and alleys with their widths and names, plus building setback lines.
(5) The radii, arcs, tangent, distances and degree of curvature, points of tangency and central angles for all curvilinear streets and radii for rounded corners.
(6) All easements and rights of way provided for public services or utilities and any limitations of such rights of way or easements.
(7) All lot numbers and lines, with accurate dimensions in feet and hundredths and with bearings. The basis of bearings shall be stated on the plat. The acreage of all lots over one acre in size shall be indicated.
(8) Accurate location and description of all monuments.
(9) Names and addresses of the subdivider and the qualified surveyor who prepared the final plan.
(10) Accurate outlines of any areas to be dedicated or temporarily reserved for public use, with the purpose indicated thereon.
(11) Restrictions and covenants, if any, which the developer intends to place in the deeds to the lots in the subdivision, shall be listed either on the plat or on the individual deeds of record.
(12) Certification by a registered surveyor to the effect that the plan represents a survey made by him and that all monuments shown thereon actually exist and that their location is correctly shown.
(13) An acknowledgment by the owner or owners of his or their adoption of the plat, and the dedication of streets and other public areas.
(14) Vicinity map of the area within a one-half mile radius, except that this requirement may be waived where the area is located in a mapped area within the City or section contiguous thereto.
(e) Supplementary Information.
(1) If a zoning change is involved, certification from the Director of Public Service or Township Clerk shall be required, indicating that the change has been approved and is in effect.
(2) The final plat shall be accompanied by certificates showing that all improvements have either been installed and approved by the proper officials or agencies or that a bond or other security has been furnished assuring installation of the required improvements. A copy of the final plat on permanent reproducible material shall be submitted.
(f) Plan and Profile, Utility Plans. A plan view of the streets shall be drawn to a scale of one inch equals fifty feet or larger. The plan view shall show the proposed road, street or alley alignments, right-of-way and pavement widths, center lines, bearings, stationing, curve or radius data, existing and proposed drainage and utilities. Any other significant feature or factor shall also be shown on the plan. The center line of road, street or alley construction shall coincide with the center line of the right of way. Any changes from the same shall be at the discretion of the City Engineer or his representative.
(g) Filing.
(1) The final map shall be filed with the Commission not later than twelve months after the date of approval of the preliminary plan; otherwise it will be considered void unless an extension is requested by the developer and granted by the Commission, in writing.
(2) The final plan shall be considered officially filed after it is examined by the City Engineer and is found to be in full compliance with the formal provisions of these Subdivision Regulations. The final plan shall be filed at least ten working days prior to the meeting at which it is to be considered.
(3) The developer shall submit a statement of the proposed use of lots, stating the type of residential buildings with the number of proposed dwelling units; the type of business or industry, so that the effect of the development on traffic, fire hazards or congestion of population can be determined; the source of water supply, provisions for sewage disposal, drainage and flood control.
(h) Approval.
(1) The Commission shall take action on the final plat within thirty days after the same has been officially filed as stated in Ohio R.C. 711.05; otherwise such plat shall be deemed to have been approved. The certificate of the Commission as to the date of the submission of the plat for approval, and the failure to take action within such time, shall be sufficient in lieu of the written endorsement or evidence of approval herein required. If disapproved, the grounds for disapproval of the final plat shall be stated on the record of the Commission, including the reference to the regulation violated by the plat, and a copy of such record of the Commission shall be forwarded to the subdivider. The subdivider shall make necessary corrections and resubmit the final plat within thirty days to the Commission for its final approval.
(2) The subdivider shall be notified of the final approval of the plat by the Commission. The subdivider shall then present the plat to Council for approval.
(i) Recording of Final Plat. After the final plat has been approved by the City Planning Commission, the City Engineer and Council, and, where necessary, by the Regional Planning Commission, and the necessary approvals endorsed in writing thereon together with evidence of title, it may then be filed for recording in the Office of the Recorder of Tuscarawas County, Ohio, as required by law. (Ord. 45-67. Passed 8-7-67; Ord. 42-82. Passed 9-20-82.)
1107.04 DEED TRANSFERS.
Whenever any transfer is to be made of parcels as described in Section 1103.06(c), the party or parties desiring to make the transfer shall submit a sketch thereof to the City Planning Commission. If the division conforms to appropriate standards, the responsible official may stamp the same "Approved, No Plat Required," and attach his signature, and the appropriate transfer may then be recorded. However, if the owner of the property does not agree with any of the requirements specified by the City Planning Commission, he may then appeal to Council for approval for recording and such approval must be obtained before the transfer can be recorded. No preliminary or final plan other than the rough sketch of the division shall be required, and none of the improvements described in Chapter 1111 shall be required for the transfer. (Ord. 45-67. Passed 8-7-67.)
1107.05 PLATS AND PLANS TO BE DEPOSITED WITH CITY ENGINEER.
Before any plat is approved, the subdivider shall provide the City:
(a) With an exact inked copy on linen of the plat or, in lieu thereof, agree in writing to deposit with the City the original of such plat immediately after it is duly recorded, such plat to be retained in the office of the City Engineer, and
(b) The original profiles and plans of the streets, sewer lines and water lines or, in lieu thereof, an exact inked copy on linen showing size, location, depth and all pertinent construction details of the streets, sewer and water lines, such profiles and plans to be retained in the office of the City Engineer.
(Ord. 60-63. Passed 9-3-63.)
1109.01 GENERAL.
The arrangement, character, extent, width and location of major, secondary and minor streets or highways shall conform with the Official Highway Plan for Dover, Ohio, which is on file with the Director of Public Service and with the provisions of these Subdivision Regulations. Streets not contained in the Official City Thoroughfare Plan should conform to the recommendation of the Planning Commission based on existing and planned streets, topography, public safety and convenience and proposed uses of land.
Neighborhood unit type development is encouraged by the Commission. Where large subdivisions designed on the basis of neighborhood units are being reviewed, consideration will be given to the placement of commercial areas and public areas, in relation both to the neighborhood unit being developed and to other units that might be developed. Where small subdivisions are being reviewed, the Planning Commission shall coordinate such subdivisions, to the extent practicable, into units so that the same relationship with respect to commercial areas and public areas may be realized. These design standards shall be required in all areas except where special provisions are made for a hillside area in excess of ten percent of slope. Any exceptions to the provisions in this section which are made for hillside development are specified in Chapter 1113. (Ord. 45-67. Passed 8-7-67.)
1109.02 STREETS.
(a) Design and Arrangement.
(1) The arrangement of streets in new subdivisions shall make provision for the continuation of the principal existing streets in adjoining areas (or their proper projection where adjoining land is not subdivided) insofar as they may be deemed necessary for public requirements. Every subdivision shall have access to a public right of way.
(2) The street and alley arrangement shall be such as not to cause hardship to owners of adjoining property when they plat their own land and seek to provide for convenient access to it. Residential streets shall be so designed as to discourage through traffic, but offset streets should be avoided.
(3) The angle of intersection between minor streets and major streets should not vary by more than ten degrees from a right angle. All other streets should intersect each other as near to a right angle as possible.
(4) The minimum curb radius at intersections subject to the approval of the City Engineer shall be twenty percent (20%) of the right-of-way width Curbing shall be required for all areas.
(5) Residential streets shall be designed to discourage through traffic which may otherwise use secondary or major highways and whose origin and destination are not within the subdivision. Residential streets extending for considerable distance, parallel to any secondary or major street, should be avoided.
(b) Alignment.
(1) Vertical. For main thoroughfares, profile grades shall be connected by vertical curves of a minimum length in multiples of fifty feet approximately equivalent to twenty times the algebraic difference between the rates of grade, expressed in feet per hundred; for secondary and minor streets and alleys, fifteen times.
For slope areas where the average topographic slope is ten percent or greater, refer to hillside regulations in Chapter 1113.
(2) Minimum horizontal. The radii of center line curvature shall be as follows:
Primary Thoroughfares | twelve degrees | 475 feet |
Secondary Thoroughfares | nineteen degrees | 300 feet |
Minor Streets | twenty-eight degrees | 200 feet |
Streets shorter than 500 feet | fifty-eight degrees | 100 feet |
A minimum 100-foot tangent shall be introduced between reverse curves. For slope areas where the average topographic slope is ten percent or greater, refer to hillside regulations in Chapter 1113.
(3) Visibility requirements.
A. Minimum vertical visibility (measured four and one-half feet eye level to a tail light eighteen inches above ground level.)
500 feet on primary thoroughfares
300 feet on secondary thoroughfares
200 feet on minor streets
100 feet on streets shorter than 500 feet.
For slope areas where the average topographic slope is ten percent or greater, refer to hillside regulations in Chapter 1113.
B. Minimum horizontal visibility shall be:
500 feet on main thoroughfares measured on the center line
300 feet on secondary thoroughfares measured on the center line
100 feet on all other streets measured on the center line.
For slope areas where the average topographic slope is ten percent or greater, refer to hillside regulations in Chapter 1113.
(c) Street Type and Width.
(1) General conformance. The width of all major thoroughfares shall conform to the width designated on the Major Highway Plan of Dover, Ohio.
(2) Secondary street widths. The minimum right-of-way widths of all secondary streets shall be seventy feet.
(3) Local street widths. The minimum width of local streets shall be fifty feet or sixty feet, dependent upon design consideration, density of development and local conditions. The pavement widths shall be in accordance with the provisions of Chapter 1111. Except where there are unusual topographical or other physical conditions, the Commission may require greater widths or permit lesser widths for rights of way and pavements for local streets. The minimum width of streets serving multiple dwellings, commercial and industrial uses shall be seventy feet and the pavement width shall be thirty-eight feet.
(4) Proximity of State highway. When a proposed subdivision is adjacent to or contains a State highway, the developer and Commissioners should seek information from the Ohio Department of Highways as to the status of the highway in reference to width and direction, and also to access of such highway.
(5) Half-streets. Dedication of new half-streets shall not be permitted. Where a dedicated or platted half-street or alley exists adjacent to the tract being subdivided, the other half shall be platted if deemed necessary by the Commission.
(6) Cul-de-sacs. Each cul-de-sac shall be provided with a turn around having a minimum right-of-way radius of fifty feet. The outside of the road surface within the turn-around right of way shall have a minimum radius of thirty-eight feet. The maximum length for a cul-de-sac shall be 600 feet. The minimum frontage or lot width shall be measured at the building line on any cul-de-sac.
(7) Dead-end streets. Dead-end streets, designated to be so permanently, shall not be permitted. Any dead-end street of a temporary nature, if longer than 200 feet or fronted by existing lots, shall have a surfaced turning area equal in diameter to the width of such street at its termination.
(8) Marginal access streets.
A. Where a subdivision adjoins a major street and the greater dimension of the block fronts along such major street or highway, a marginal access street shall be designed to provide access to subdivided parcels.
Points of access to the major street or highway shall be kept to a minimum interval of 1,000 feet.
B. A planting strip of minimum width of twenty feet shall be provided between the pavement of the major street or highway and the pavement of the marginal access street.
C. The minimum width of the marginal access street shall be fifty feet.
(9) Street grades. Street grades shall not exceed the following with due allowances for reasonable vertical curves:
Primary thoroughfare | five percent |
Secondary thoroughfare | eight percent |
Minor streets and alleys | twelve percent |
Streets shorter than 500 feet and cul-de-sacs | fifteen percent |
No street grade shall be less than .400 percent. | |
(10) Street names. New names are required for new streets in unincorporated areas; the names shall meet with the approval of the City Planning Commission. No name shall be similar in spelling or pronunciation to that of an existing street in a postal zone. Streets which are essentially contiguous shall have the same name.
(11) Acceptance of streets.
A. The approval of a plat by Council shall be deemed to be an acceptance of the dedication of any public street, road or highway dedicated in such plat.
B. The City Engineer shall check the construction by stages and if the Engineer finds that such street is constructed in accordance with the specifications set forth on the approved plat and that such street is in good repair, then such finding, endorsed on the approved plat, shall constitute an acceptance of the street for public use by the City.
(Ord. 45-67. Passed 8-7-67; Ord. 42-82. Passed 9-20-82.)
1109.021 ENTRANCE AND EXIT WAYS.
(a) Each use shall be permitted one two-way access driveway or two one-way access driveways for each seventy-five feet of street and alley frontage of the lot occupied by that use. Such access driveway shall be no less than ten feet and no more than twenty feet for a one-way driveway, which shall be determined at the span along the right of way, allowing for an additional ten feet of radius at the roadway, which would not exceed a distance of thirty feet at the roadway, or curb strip, and shall not be located less than fifteen feet from the right- of-way line of an alley which intersects the same street or alley as the proposed access driveways, or less than twenty-five feet from the right-of-way line of a street which intersects the same street or alley as the proposed access driveway. The access driveway, which is a two-way driveway, shall be not less than twenty feet, but not more than forty feet along the right of way span (back of the sidewalk), allowing for a radius not to exceed fifty feet at the roadway, or curb strip, and shall not be located less than fifteen feet from the right-of-way line of an alley which intersects the same street or alley as the proposed access driveways, or less than twenty-five feet from the right-of-way line of a street which intersects the same street or alley as the proposed access driveway. No access driveway shall be located less than fifteen feet from any other access driveway, which intersects the same alley or street as the proposed access driveway.
(b) Off street parking areas shall be so designated that all required parking spaces are accessible and that no parking or maneuvering incidental to parking shall be on any street, alley or sidewalk.
(Ord. 23-15. Passed 7-20-15.)
1109.03 ALLEYS.
Alleys should be avoided in single or two-family districts. They may, however, be required in multiple-dwelling developments where they should have a minimum width of twenty feet. Alleys are required in the rear of all commercial and industrial lots, if no other provisions are made for adequate service access or for parking. The rights of way of such alleys shall not be less than forty-five feet, and dead-end alleys shall not be permitted.
(Ord. 45-67. Passed 8-7-67.)
1109.04 BUILDING LINES AND EASEMENTS.
(a) Building Lines. Where the subdivided area is not under zoning control and is to be used for residential purposes, the building lines shall be established according to the following table, but in no case shall the front building line be less than thirty feet from the right of way of the street or thoroughfare upon which the lots front.
Lot Area | Minimum Average Distance from Building Line to Road Right of Way |
20,000 square feet and over | forty feet |
13,600 square feet to 20,000 square feet | thirty-five feet |
7,500 square feet to 13,600 square feet | thirty feet |
Restrictions requiring greater setbacks than the above may be required for commercial and industrial uses and for residential uses along major highways, as determined by the Planning Commission.
For slope areas where the average topographic slope is ten percent or greater, refer to hillside regulations in Chapter 1113.
(Ord. 45-67. Passed 8-7-67.)
(Ord. 45-67. Passed 8-7-67.)
(b) Easements. Easements of at least seven feet in width shall be provided on each side of all rear lot lines and along side lot lines, where necessary, for poles, wires, conduits and gas mains. Easements may also be required along or across lots where engineering design or special conditions may necessitate the installation of water and sewer lines outside public rights of way. For lots facing on curvilinear streets, the rear easement should consist of straight lines with a minimum number of points of deflection. (Ord. 45-67. Passed 8-7-67; Ord. 60-08. Passed 1-5-09.)
1109.05 BLOCKS.
(a) No block shall be longer than 1,000 feet nor less than 500 feet, except in unusual circumstances. Where a subdivision adjoins a major highway, the greater dimension of the block shall front along such major highway to minimize the number of points of ingress or egress.
For slope areas where the average topographic slope is ten percent or greater, refer to hillside regulations in Chapter 1113.
(b) Where blocks are over 750 feet in length, a crosswalk easement of not less than ten feet in width on or near the halfway point may be required, if necessary, to provide proper access to schools, playgrounds, shopping centers and other facilities.
(Ord. 45-67. Passed 8-7-67.)
1109.06 LOTS.
(a) The lot arrangement and design shall be such that all sublots will provide satisfactory and desirable building sites, properly related to topography and the character of surrounding development.
(b) All side lines of lots shall be at right angles to street lines and radial to curved street lines, except where a variation to this subsection will provide a better street and sublot layout. Lots with double frontage, except when paralleling major highways, will be avoided.
(c) No lot shall have less area or width than is required by the Zoning Code applying to the area in which it is located. If no zoning is in effect in the township, the minimum average lot sizes shall conform to the Zoning Code requirements which apply to comparable development within the City.
For slope areas where the average topographic slope is ten percent or greater, refer to hillside regulations in Chapter 1113.
(d) No lot shall be subdivided after acceptance of the original plat, except as provided in the Zoning Code.
(e) In case of unusual soil conditions or other physical factors which may impair the health and safety of the neighborhood in which a subdivision may be located, upon recommendation of the County Board of Health or City Engineer, the Planning Commission may require larger lot widths and lot areas as deemed necessary or by the installation of an adequate sewage disposal plant.
(f) No corner lot shall have a width at the building line of less than seventy-five feet. Either of the two sides of a corner lot fronting on a street may be designated the front of a lot, provided the rear yard shall always be opposite the frontage so designated.
(Ord. 45-67. Passed 8-7-67.)
(g) (EDITOR'S NOTE: Former subsection (g) was repealed by Ordinance 42-82, passed September 20, 1982.)
(h) (1) A lot drainage plan shall be submitted with the street utility plans showing how each lot within the subdivision shall be graded, and what the elevation of the ground surrounding each home will be. All lots and the subdivision shall be graded in a manner which will provide home sites with positive drainage away from the home on the lot and away from any other home in the subdivision or adjacent subdivisions. Such positive drainage shall be adequate enough to insure that no home in the subdivision or adjacent subdivision is subject to flooding or ponding of surface waters.
(2) As homes in the subdivision are being constructed, the developer of the subdivision shall be responsible to enforce the above positive drainage requirements shown on the lot drainage plan. If the developer fails to enforce such, the developer shall correct at his expense surface drainage problems that occur due to his enforcement failure.
(Ord. 60-08. Passed 1-5-09.)
1109.07 PUBLIC SITES AND OPEN SPACES.
(a) Consideration shall be given to the allocation of areas suitably located and of adequate size for playgrounds, school sites, parks and other outdoor recreational facilities, as indicated on the Dover Comprehensive Plan and to their being made available by one of the following methods:
(1) Dedication to public uses.
(2) Reservation of land for the use of property owners by deed or covenants.
(3) Reservation for acquisition by a public agency within a period of five years. Such reservation shall be made in such a manner as to provide for a release of the land to the subdivider in the event no public agency proceeds with the purchase.
(b) Due regard shall be shown for preserving outstanding cultural, historic or natural features such as scenic spots, watercourses or exceptionally fine groves of trees. Dedication to and acceptance by a public agency is usually the best means of assuring their preservation.
(c) Whenever any stream or important surface drainage course is located within the area being subdivided, the subdivider shall provide a permanent easement of sufficient width dedicated to the proper authority for the purpose of widening, deepening, relocating, improving or protecting the stream for drainage or public use.
(d) As a safety measure for the protection of the health and welfare of the people of the City, Council shall reserve the right to disapprove any subdivision which is subject to periodic flooding, contains extremely poor drainage facilities or has other physical impairment. However, if the subdivider agrees to make such improvements as will make the area completely safe for residential occupancy, provided that in lieu of the improvements the subdivider shall furnish a surety bond or a certified check covering the cost of the required improvements, the subdivision may be approved, subject, however, to the approval of the County Board of Health, Conservancy District and the City Engineer.
(Ord. 45-67. Passed 8-7-67.)
1109.08 TREES.
1111.01 GENERAL.
These minimum required improvements shall be required in all areas except where special provisions are made for hillside areas in excess of a ten-percent slope. Any exceptions to the provisions in this section which are made for hillside development are specified in Chapter 1113.
Prior to the granting of final approval, the subdivider shall have installed or shall have furnished a performance bond for the amount of the estimated construction cost of the ultimate installation of improvements listed and described herein. The performance bond or cash deposit submitted to the Director of Public Service will assure the City that the subdivider, his heirs, successors and assigns, their agents or servants will comply with all applicable terms, conditions, provisions and requirements of these Subdivision Regulations, and will faithfully perform and complete the work of constructing and installing such facilities or improvements in accordance with such laws and regulations. Before such bond is accepted, it shall be approved by the proper administrative officials. The term of this bond shall extend twelve months beyond completion date of the project.
The subdivider or developer shall submit a set of construction plans for the improvement of the road, street or alley and utility plans, prepared by a registered professional engineer. The construction plans shall include the title of plan, typical sections, plan and profile view and miscellaneous engineering details. Cross sections will be submitted upon request by the City Engineer. All typical sections and major engineering details to be used on any particular road, street or alley shall be approved in advance by the City Engineer or his representative before completion of the plans. When the subdivider or developer submits for approval a construction plan for street improvements for a part of a proposed subdivision area, preliminary street grades, proposed drainage facilities and proposed utility extensions for the entire subdivision area shall also be presented.
When deemed desirable, the City Engineer or his representative may require the construction or vacation of part or all of any intersecting roads, streets or alleys in order to assure that no hardship or added expense be endured by abutting property owners, the Township or City at some future date.
All of the required improvements shall be made in full compliance with the specifications for each of the various units of work as required by the City Engineer or the County Board of Health, according to the nature of the improvements. Upon final approval of the construction plans, a copy on permanent reproducible material and five sets of all construction and utility plans shall be submitted to the City. (Ord. 42-82. Passed 9-20-82.)
1111.02 MATERIALS AND CONSTRUCTION PROCEDURE.
Unless otherwise indicated on the plans, with advance approval of the City Engineer or his representative, materials shall meet the requirements and shall be in accordance with the "Material Details" of the current volume of the "Construction and Material Specifications," State of Ohio, Department of Highways. The materials will be referred to by material grade or section number of the same current volume.
The specifications of the City shall in all respects govern all construction work. The work shall be done under City supervision and inspection. It shall be completed within the time fixed or agreed upon by the City Engineer.
It shall be the responsibility of the City Engineer to inform the person or persons making the same, to the effect that, whenever the required improvements are properly made or otherwise secured as hereinafter mentioned, such Engineer will pass upon and recommend to the City Planning Commission that such plat, if otherwise conforming to these platting rules and regulations, be approved. (Ord. 45-67. Passed 8-7-67.)
1111.03 MONUMENTS.
At the time of surveying and laying out a subdivision or addition to a Municipal corporation, the proprietor of such subdivision or addition shall plant at the corner of the public ground or lot, if there is such, and if there is none, then at the corner of one of the in-lots and at the corner of each out-lot, a good and sufficient stone of such size and dimensions and in such manner as the surveyor provided for under Ohio R.C. 711.01 for a corner from which to make future surveys, and the point at which it may be found shall be designated on the plat.
Such proprietor shall also set at least four permanent markers in each plat of ten lots or less and not less than six permanent markers in each plat containing over ten lots; iron pins shall be set at all lot corners. Such permanent markers shall be of one-inch pipe or steel rods set in and running through a concrete block at least six inches in diameter and at least thirty-six-inches long, and the bottom of such concrete block shall be set at least thirty-six inches deep, below finished grade in the plat, and the points at which they may be found shall be designated on the plat.
The perimeter corners of each out-lot shall be concrete monuments of rectangular truncated prisms six inches by six inches at the top and eight inches by eight inches at the base and forty-eight inches long, with tops six inches above finish grade and carrying a
permanent marked point in the top surface. (Ord. 45-67. Passed 8-7-67.)
1111.04 UTILITY AND STREET IMPROVEMENTS.
(a) Water Lines.
(1) Public water supply. Where public water supply is available as determined by the Planning Commission, the subdivider or developer shall construct a system of water mains and connect it with such public water supply and provide a connection for each lot. All new streets shall be improved with six-inch water lines, provided, however, that the Planning Commission in its discretion may require larger lines within the subdivision where necessary or desirable. In such case, the excess cost of the larger lines shall be borne by the developer. Where larger line sizes are required for servicing areas outside the subdivision, the excess cost of the larger lines shall be borne by the City.
(2) Test wells. Where public water supply is not available, at least one test well shall be made in the area being platted for each 100 lots or each twenty-five acres of area, whichever is the smaller. In cases where copies of the logs of existing wells located within the area being platted are available, this may be submitted in lieu of making test wells. Test wells shall be at least twenty-five feet in depth and shall produce safe potable drinking water at a rate of not less than five gallons per minute per family.
A copy of the well log, which shall include the name and address of the well driller, shall be submitted with the plat to the Planning Commission.
(3) Location and construction of individual private wells. Individual private wells shall be located at least twenty-five feet from property lines; fifty feet from all septic tanks, approximately fifty feet from all tile disposal fields and other sewage disposal facilities; ten feet from all cast iron, vitrified or equivalent watertight pipe, as approved by the County Board of Health; and shall not be located within any flood plain unless the source is above the flood level and properly sealed.
As a precaution against seepage, an approved watertight seal shall be provided around the pump mounting.
All abandoned wells shall be sealed in a manner that will render them watertight as prescribed by the County Health Department.
In all cases where it has been determined that individual water supplies from private wells are not feasible, a public water distribution system will be required.
(4) Public water distribution systems. Public wells and other public water distribution systems shall meet the requirements of the State Department of Health as cited in Ohio R.C. 3701.18 to 3701.21, inclusive.
(b) Sanitary Sewers.
(1) Sanitary sewers. If a subdivision can be reasonably served by the extension of an existing public sanitary sewer, as determined by the Commission, the subdivider or developer shall provide a system of sanitary sewer mains and shall provide lateral connections for each lot. Any area or subdivision of ten or more housing units must have a central sewerage system, approved by the Ohio Department of Health and accepted by Council. Where a public sanitary sewer is not reasonably accessible, the subdivider, the owner or the developer may provide a package plant for the group or septic tanks for each lot, provided that such package plants or septic tanks are installed in accordance with State and County or local Board of Health requirements. Whenever main lines are installed, sewer and water shall be extended to property lines. Connections to public sanitary sewer lines shall be subject to the approval of and according to the specifications of the City Engineer. Eight-inch sewer lines will normally be required, but the Planning Commission may, at its discretion, require larger lines where necessary or desirable. In such case, the excess cost of the larger lines shall be borne by the City.
(2) Individual sewage disposal facilities. In the event the installation of individual disposal systems shall be considered, the absorption ability of the soil, surface drainage and topography shall be the criteria for determining whether or not the installation of individual septic tank disposal systems is permissible. At least one percolation test shall be made for each lot area being platted, and each test shall be located in close proximity to the proposed sewage disposal unit. Each test shall be numbered and its location shown on the plat. Tests shall be made by an authority recognized by the County Health Department.
The general types of soil encountered in making the tests and the depth of ground water, if found, shall be documented and submitted with the plat together with the actual percolation time of each test hole and the name and address of the registered engineer or surveyor or other qualified persons acceptable to the County Health Department making the test and the dates on which they were made.
(3) Percolation tests. All percolation tests shall be performed in accordance with the requirements of the City Planning Commission and the County Board of Health.
The percolation test shall be made by the following method:
A. Dig or bore holes approximately six to ten inches wide, straight sides to a minimum depth of thirty inches or a maximum depth of forty-eight inches.
B. Keep filling holes with water until ground becomes soaked and allow all water to seep away. Then fill holes with water to a depth of twelve inches.
C. Record the time, in minutes, required for the last six inches of water to completely seep away. Divide the time by six to obtain the average time for water to fall one inch.
D. Determine the size of tile disposal field:
Lineal Feet of Tile Required | ||||
Average Time Required for Water to Fall One Inch as Shown by Percolation Test | Type of Leaching Soil | 2 or less Bedrooms | 3 to 4 Bedrooms | 5 to 6 Bedrooms |
Less than ten minutes | Good | 100 | 200 | 300 |
Ten to thirty minutes | Fair | 200 | 400 | 600 |
Thirty to sixty minutes | Poor | 300 | 600 | 900 |
Over sixty minutes | Leaching devices are not permitted. | |||
The general types of soil encountered in making the test and the depth of ground water, if found, shall be documented and submitted with the plat together with the actual percolation time of each test hole and the names and addresses of the registered surveyor and/or engineer making the test, as well as the dates on which they were made.
(4) Public sewer distribution systems. Group sewage disposal systems shall meet the requirements of the State Department of Health as prescribed by the laws of Ohio.
(c) Drainage. All necessary facilities, including underground pipe, inlets, catch basins or open drainage ditches, shall be installed to provide for the adequate disposal of subsurface and surface water and maintenance of natural drainage courses. All storm drainage facilities within the subdivision shall connect to an adequate drainage outlet. A drainage plan shall be submitted simultaneously with the plat of any subdivision, showing the proposed scheme of surface drainage.
(1) Standards and specifications for drainage facilities. The construction of storm water drainage improvements shall be subject to the approval of the City Engineer.
(2) Storm sewers and storm water. A drainage system adequate to serve the needs of the proposed new streets and the entire subdivision will be required in the new subdivisions. Where an adequate public storm sewer main is available at the plat boundary, the subdivider shall construct a storm sewer system and connect with such storm sewer main. If such storm sewer systems are not accessible, adequate storm water drainage shall be provided by natural drainage channels with easements of adequate width as approved by the City Engineer.
(3) Culverts and bridges. When natural drainage channels intersect any street right of way, it shall be the responsibility of the subdivider to have satisfactory bridges and culverts designed and constructed. Where culverts are required, the following minimum requirements shall be observed:
A. Where drainage ditches are permitted, they must have at least 0.20 of a foot grade per 100 feet, or otherwise approved.
B. If the permitted roadway ditch is in excess of two percent, an approved type gutter using concrete, stone, sod or underground drainage must be used, with sufficient inlets spaced so as to keep the volume of water at a low level. All culverts shall extend across the entire right-of-way width of the proposed road. The cover over the culvert and its capacity shall be approved by the City Engineer. The minimum diameter of a culvert pipe shall be twelve inches. Head walls, depending on existing drainage conditions, may be required.
C. Driveway culverts shall have a minimum length of twenty feet. Driveway culverts shall be double strength vitrified pipe or equal, with scaled joints having a diameter of not less than twelve inches. When special drainage designs are necessary, such as masonry or concrete structures, etc., such designs in detail must be submitted to the City Engineer and Conservancy District for approval in advance of the completion of the construction plans. The driveway culverts shall be laid so as to maintain the flow line of the ditch or gutter. Head walls may be required.
D. All trenches for water lines, sewers, utilities, etc., within the pavement or driveway areas, shall be backfilled with grit to a point within a minimum of six inches of the subgrade and to a point three feet outside the pavement edge or three feet back of the curb, if curb is used. (Ord. 45-67. Passed 8-7-67.)
(4) Subsurface water drains. Drain lines for conveying subsurface water shall be installed in all subdivisions that are constructed on moderate or poorly drained soils (clay, silt, shale, etc.) as defined by the United States Soil Conservation Report for Tuscarawas County. Where subdivisions are constructed on well drained soils (sand and gravel) as defined by the same soils report, drain lines for conveying subsurface water will not be required. Also, wherever subdivisions have creeks in them to which subsurface water can be directly discharged, drain lines will not be required.
A. The subject drain lines shall be polyvinyl chloride plastic pipe with o-ring joints conforming to the latest requirements of A.S.T.M. D 3034 and A.S.T.M. D 3212 and have a minimum Standard Dimension Ration (SDR) of 35. The minimum size of the drain lines shall be six inches in diameter and shall be large enough to convey all of the subsurface waters which they are receiving. The pipe shall be installed in an encasement of pea gravel which shall extend a minimum of four inches below the pipe and above the pipe. The pipe lines shall be installed on each side of the street, where such is required, between the curbs and sidewalks at a distance of two feet from the back of the curbs.
B. Subsurface waters from springs, seep holes and basement sump pumps shall be piped into the subject lines from each source or home from which it emanates. The drain lines themselves shall be connected into the street storm sewer catch basins wherever they occur.
C. In the case where creeks are located adjacent to lot boundaries, springs, seep holes and basement sump pumps shall be piped directly into the creeks.
D. It is the intent of this subsection (4) to convey all subsurface waters in a subdivision via pipe lines to the storm drainage system for the subdivision, and to prohibit the discharge of any subsurface waters to flow openly into the streets of the subdivision.
(Ord. 37-94. Passed 5-2-94.)
(d) Street Improvements. All streets and thoroughfares shall be graded to their full width, including side slopes and improved in accordance with the standards outlined or referred to in these Subdivision Regulations, except that the street improvements for areas remotely situated with respect to City services may conform to the standards specified in the Subdivision Regulations of Tuscarawas County.
(1) Width of pavement. The width of pavement will vary, depending upon the character of the development served and the amount of traffic expected to utilize the street.
The following are the minimum street pavement widths:
Type of Streets | Right of Way | Width of Pavement |
Urban: | ||
Major streets and highways | eighty feet or over | Variable* |
Secondary and collector streets | seventy feet | thirty-eight feet |
Local streets serving medium- (six families per net acre or more) density suburban development | sixty feet | thirty-six feet |
Local streets serving low-density suburban development | fifty feet | thirty feet |
Alleys | twenty feet | sixteen feet |
Rural areas remotely situated with respect to City sewers: | ||
Secondary rural roads | seventy feet | twenty-two feet |
Local rural roads | sixty feet | twenty feet |
*To conform to the applicable standards of the Major Highway Plan, as determined by the City Planning Commission and the City Engineer.
In certain instances, especially where a commercial area is involved and no off-street parking facilities are provided and no parking is permitted on the street at any time, a parking lane at least eight feet wide on each side of the street and paved to the satisfaction of and in accordance with the specifications approved by the City Engineer may be required in addition to the necessary number of lanes for moving traffic. Where pavement widths greater than those specified above are necessary, provisions of the same shall be discussed with the public officials having jurisdiction over the planning and construction of public ways to determine whether or not public expenditures for such additional width can or should be made simultaneously with the subdivider's improvement program.
(2) Subgrade. The subgrade shall be free of sod, vegetation or other similar material. Where poor subsurface drainage conditions exist, adequate drainage shall be installed. The subgrade shall be rolled with a roller of not less than seven tons in weight. Sub-base grade tolerance shall be not more than one inch in sixteen feet. Sub-base construction shall be subject to the approval of the City Engineer.
(Ord. 45-67. Passed 8-7-67.)
(3) Pipe underdrains. Pipe underdrains shall be placed on each side of the street 1'-0" behind the curbs and at a depth which will provide 1'6" of aggregate cover over the top of the pipe. The trench excavated for the underdrains shall be excavated to provide a 1'0" wide opening to a depth which will provide 4" of aggregate under the pipe. The trench shall be completely filled with No. 57 size gravel. The aggregate shall extend to the top of the gutters of the curbs and over to the back of the curbs and the edge of the street base course. Underdrain pipe shall be either perforated concrete pipe, perforated vitrified clay pipe or perforated polyvinyl chloride plastic pipe. The underdrain pipe shall be connected into the storm water drainage system for the streets. Pipe underdrains shall be perforated P.V.C. pipe with a minimum of four (4) rows of perforations. The pipe and fittings shall conform to ASTM F758, Type PS46 and as applicable, to Item 605 of the latest edition of the State of Ohio Department of Transportation Construction and Materials Specifications.
(Ord. 60-08. Passed 1-5-09.)
(Ord. 60-08. Passed 1-5-09.)
A. Pipe underdrains for streets shall be installed where streets are constructed on top of moderate and poorly drained soils (clay, silt, shale, etc.) as defined by the United States Soil Conservation Report for Tuscarawas County. Where streets are constructed on top of well drained soils (sand and gravel) as defined by the same soils report, pipe underdrains will not be required.
(4) Base course. A compaction test on road sub base shall be required prior to acceptance by the City for installation of a new asphalt base. The base course for streets shall consist of a four inch layer of asphaltic concrete placed on top of the limestone. Both layers shall be individually compacted in place with a vibratory roller. Unless otherwise stated herein, the limestone aggregate shall conform to item 304 of the latest edition of the State of Ohio Department of Transportation Construction and Material Specifications, and the asphaltic concrete shall conform to item 301 of the latest edition of the State of Ohio Department of Transportation Construction and Material Specifications.
A. Depending upon the soil conditions and the type of traffic which the street is expected to receive, the City may require, in its discretion, greater thickness for the base courses.
B. Streets constructed over moderately or poorly drained soils (including, but not limited to clay, silt, or shale), as said term is defined by the United States Soil Conservation Report for Tuscarawas County, shall require a four inch thick layer of limestone aggregate base course. Streets constructed over well drained soils (including but not limited to sand and gravel), as said term is defined by the United States Soil Conservation Report for Tuscarawas County, shall not require a limestone aggregate base course.
C. In those circumstances wherein a limestone aggregate base course is required, said base course shall extend to the underside of the concrete gutters, having a minimum thickness there under of four inches.
(5) Surface course. The surface course for streets shall consist of a three inch thick layer of asphaltic concrete applied in layers of 1 3/4 inch and 1 1/4 inch layers, compacted in place with a vibratory roller. Unless otherwise noted herein, the asphaltic concrete surface course shall conform to item 404 of the latest edition of the State of Ohio Department of Transportation Construction and Material Specifications.
A. Such asphaltic concrete surface shall not be constructed until all ditches have settled and the street surface is approved by the City, but not later than eighteen months following the installation of water mains, sewer mains, lateral sewers and service lines.
B. The right is reserved to the City to determine the proper type and time for the application of the surface course, but in no event will the subdivider be required to defer the construction of the surface course for a period in excess of that specified by the City for the completion of the required improvements as provided in subsection (j) hereof. The subdivider shall give three days’ notice to the City as to the time when the construction of the base and surface courses is to be started so that the work may be inspected by the City or its duly authorized agents. After the final rolling, the street or road shall be closed to traffic for twenty-four hours. (Ord. 26-02. Passed 5-20-02.)
(6) Concrete pavement. If the subdivider elects to construct concrete pavement or if such type pavement is required by the City in order to meet traffic needs, such concrete pavement shall have a minimum thickness of eight inches and shall meet Item 451, Reinforced Portland Cement Concrete Pavement, of the latest edition of the State of Ohio Department of Transportation Construction and Material Specifications.
(7) Curbs and gutters. Concrete curbs and gutters are required on all new streets; except, the City may choose to delete such on streets serving industrial parks or similar uses. Where curbs are not required, adequate drainage ditches shall be graded and protected by seeding or appropriate surfacing. Curbs and gutters shall conform to the applicable parts of Chapter 902 of these Codified Ordinances.
(8) Driveways. The maximum grade on driveways shall not exceed ten percent (10%). Driveway pipe shall be concrete pipe with a minimum diameter of twelve inches and a minimum length of twenty feet, or larger as required by the drainage condition and the City. The subdivider or developer shall place approved drainage structures under intersecting roads, drives, lanes or property entrances and at other locations, where required. (Ord. 37-94. Passed 5-2-94.)
(e) Utilities and Other Improvements. Electrical service, gas mains and other utilities should be provided within each subdivision. Whenever such facilities are reasonably accessible and available, they may be required to be installed within the area as required. Trees may be planted along the streets outside the right of way. (Ord. 5-85. Passed 2-18-85.)
(f) Sidewalks. Concrete sidewalks having a minimum width of four feet and having a minimum thickness of four inches shall be installed on both sides of all new streets. However, the Planning Commission together with Council pursuant to subsection (f)(l) herein may waive this requirement and allow sidewalks along only one side of any new street where it determines that sidewalks on both sides of such new street are not necessary. Council may reject a plat where sidewalks have been waived pursuant to this provision unless Council by resolution has given authorization to the Planning Commission for the waiver as set forth above. Beyond the corporation limits, in areas where the predominant lot width is 100 feet or more, the Planning Commission, at its discretion and without consultation with Council may waive the requirement for any sidewalks.
(1) When the Planning Commission receives a preapplication sketch requesting a waiver for sidewalks in a subdivision in the City pursuant to the above paragraph, the Commission shall immediately notify Council together with its recommendation and Council shall then consider the waiver request. In the event that Council, by resolution, approves the waiver request and finds that such waiver would not substantially detract from the purpose and intent of the Dover City Planning Code, then the Planning Commission may proceed with the preliminary application as set forth in the preceding paragraph. If, however, Council shall reject the proposed waiver, then the Planning Commission shall not grant the waiver requested for the subdivision, but shall then proceed to consider the preliminary plat for all other purposes as set forth above.
(2) No waiver of sidewalk requirements as set forth in this subsection (f) shall be granted except by the above procedure and except as included on the preliminary plat submitted pursuant to Section 1107.02.
(Ord. 74-89. Passed 10-16-89.)
(3) Sidewalks shall be installed on a lot within one year after a building permit has been issued, or two years after the subdivision developer has sold or transferred a lot if no building permit has been issued. If a lot has not been sold or transferred within a two-year period by the developer, or the sidewalk has not been installed within one year of the issuance of the building permit, the Building and Zoning Codes Administrator may grant a sidewalk completion time waiver, if requested in writing by the developer, and if the health, safety and welfare of the citizens of Dover will not be adversely impacted. The waiver may be granted in twelve-month increments.
(Ord. 60-08. Passed 1-5-09.)
(Ord. 60-08. Passed 1-5-09.)
(g) Street Name Signs. Street name signs of a type similar to those in use throughout the City, shall be erected by the City at all intersections.
(h) Street Lighting. Plans for street lights, if any, shall be submitted to the City Engineer for approval.
(i) Trench Backfilling. All trenches for water lines, sewers, utilities, etc., within the pavement or driveway areas shall be backfilled with granular material to a point within a minimum of six inches of the subgrade and to a point three feet outside the pavement edge or three feet back of the curb, if curb is used.
(1) The improvements listed in the sections of these Subdivision Regulations have been satisfactorily completed prior to such approval; or
(2) The subdivider shall file with the Director of Public Service a surety bond, cashier's or certified check for the estimated amount of construction cost which shall be approved by the City Engineer, guaranteeing to the City that such improvements will be constructed and completed in a satisfactory manner and within a period specified by the City Engineer, but such period shall not exceed one year beyond completion. Such bond or checks shall be approved by the City Solicitor and shall be made payable to and enforceable by the City.
Upon satisfactory completion of the improvements and approval of the same in writing by the City Engineer and with the presentation of letters of certification of payment in full of all contractors, subcontractors, suppliers of materials, engineers, surveyors and all inspection fees or other fees incurred by the installation of the improvements by the subdivider, the bonds may be released in writing by the Clerk of the City or the cashier's or certified check may be returned to the developer.
(k) Provisions for Maintenance and Operation. Where the subdivision contains sewers, sewage treatment plants, water supply systems, park areas, street trees or other physical facilities necessary or desirable for the welfare of the area and which are of common use or benefit and which are of such character that the City or other public agency does not desire to maintain them, provisions shall be made by trust agreements, which are a part of the deed restrictions and which are acceptable to the City Planning Commission for the proper and continuous maintenance and supervision of such facilities by the lot owners in the subdivisions. (Ord. 45-67. Passed 8-7-67.)
(l) Any new street developed by a private developer and dedicated to the City shall have a street tree plan approved by the Shade Tree Commission. As an alternative, the developer may permit the Shade Tree Commission to develop the street tree plan with the cost of all trees to be paid by the developer. In either case, the improvements bond required in subsection (j) hereof shall include an amount sufficient to cover the cost of compliance with such plan as estimated by the Shade Tree Commission. (Ord. 5-85. Passed 2-18-85.)
1113.01 DEFINITION, APPLICABILITY.
"Hillside area", as referred to herein, means an area with an average slope of ten percent or more. These Regulations apply to all hillside areas with an added limitation that areas with a slope of forty percent or greater are considered extremely rugged and development shall be limited to lots of two acres or more, and require the approval of the Planning Commission. (Ord. 45-67. Passed 8-7-67.)
1113.02 DETERMINATION OF AVERAGE SLOPE.
The average slope for any hillside development shall be determined by the Planning Commission during the time of preliminary subdivision design. Determination will be on an area-by-area basis, with each lot sized according to the average topographic change falling within each area. (Ord. 45-67. Passed 8-7-67.)
1113.03 MINIMUM LOT AREA REGULATIONS PER FAMILY.
The minimum lot regulations per family (graph following) shall be used to determine minimum lot area in thousands of square feet once the average percent of slope is determined by the Planning Commission. The example in this table is for a lot whose natural ground slope is eighteen percent, the indicated lot area is 12,000 square feet, and the indicated average width is eighty-five feet. Rounding should be made to the nearest five-foot intervals.
(Ord. 45-67. Passed 8-7-67.)
MINIMUM LOT REGULATIONS
PER FAMILY
AVERAGE PERCENT OF NATURAL GROUND SLOPE
EXAMPLE FOR A LOT WHOSE NATURAL GROUND SLOPE IS 18%, THE INDICATED MINIMUM LOT AREA IS 12,000 SQUARE FEET AND THE INDICATED AVERAGE WIDTH IS 85 FEET.
1113.04 MINIMUM SLOPE REGULATIONS REQUIREMENTS.
The following table indicates the minimum slope regulations requirements:
Percent of Slope | Setback (feet) | Side Yard (percent) | Straight Curb and Gutter | Type of Walkway (one side only) | Streets R/W | Pavement (feet) | |
Group 1 | 31 - over | 20 | 10 of lot width | Yes | 3 ft. graded area | 50 | 30 |
Group 2 | 27 - 30 | 25 | 10 of lot width | Yes | 3 ft. graded area | 50 | 30 |
Group 3 | 10 - 26 | 25 | 10 of lot width | Yes | Walkway on uphill side | 60 | 30 |
(Ord. 45-67. Passed 8-7-67.)
1113.05 GRADING PLAN CONTOUR LINES.
The grading plan shall show contour lines at five-foot intervals where average slopes exceed ten percent and at two-foot intervals where the average slope is less then ten percent. Elevations are to be based on sea level datum (USGS), if available. Datum for contours shall be indicated on the map.
(Ord. 45-67. Passed 8-7-67.)
1113.06 GRADING CONTROLS.
The approximate lot layout and the approximate dimensions shall be shown for each lot and of each building site. Where pads are utilized or proposed for building sites, engineering data shall show the existing topography and the approximate finish grades, location and size of each building site and finish grades of streets prior to consideration of the final record of survey map.
(Ord. 45-67. Passed 8-7-67.)
1113.07 MAXIMUM GRADED SLOPE PERMITTED.
No land shall be graded, cut or filled so as to create a slope exceeding a vertical rise of one foot for each three feet of horizontal distance between abutting lots; it may only be permitted within a lot where a retaining wall of sufficient height and thickness is provided to retain the graded bank.
Major cuts, excavation, grading and filling, where the same materially changes the site and its relationship with surrounding areas or materially affects such areas, shall not be permitted if such excavation, grading and filling will result in a slope exceeding a vertical rise of one foot for each three feet of horizontal distance between abutting lots or between adjoining tracts of land, except where adequate provision is made to prevent slides and erosion by cribbing and retaining walls. (Ord. 45-67. Passed 8-7-67.)
1113.08 COMPACTION OF FILL.
All fill shall be compacted to a density of ninety percent or greater. Inspection of fill shall be done by the City Engineer. (Ord. 45-67. Passed 8-7-67.)
1113.09 STREETS.
(a) Design and Arrangement. Excessive rights of way may be avoided to encourage aesthetics in road design and to prevent wide streets from destroying trees and natural land formations.
(b) Street Type and Width. The minimum right-of-way width for minor streets may be fifty feet in classes 1 and 2, and sixty feet in class 3, respectively.
The Planning Commission reserves the right to require a greater width for local streets. The minimum width of local streets serving multiple dwellings shall be sixty feet and the pavement width shall be thirty-six feet.
(c) Alignment.
(1) Vertical profile grades. Vertical profile grades shall be connected by vertical curves up to twenty percent, but only for short, straight stretches.
(2) Minimum horizontal. The radii of center-line curvatures shall be no less than seventy-five feet.
(3) Visibility requirement. Waiver of visibility requirements (Section 1109.02 (b)(3)) shall be given subject to the approval of the Planning Commission.
(4) Street grades. Waiver of vertical curve requirements (Section 1109.02 (b)(1)) shall be given subject to the approval of the Planning Commission.
(Ord. 45-67. Passed 8-7-67.)
1113.10 BUILDING LINES ESTABLISHED.
Where the subdivision areas are to be used for residential purposes, the building line shall be established according to the following table.
Group | Minimum Building Setbacks (feet from right of way) |
1 | 20 |
2 | 25 |
3 | 25 |
No corner lot shall have a width at the building line of less than seventy-five feet. Either of the two sides of a corner lot fronting on a street may be designated the front of a lot, provided the rear yard shall always be opposite the frontage so designated.
(Ord. 45-67. Passed 8-7-67.)
1113.11 CONFORMANCE TO AVERAGE REQUIRED LOT AREA.
Eighty percent or more of the lots in any given subdivision shall conform to the minimum required lot area. The average size of all lots will conform to the minimum lot regulations.
Lot area in thousands of square feet shall be determined by charting the average natural ground slope on the minimum regulation per family. Rounding should be made to the nearest five feet of frontage interval. (Ord. 45-67. Passed 8-7-67.)
1113.12 UNDEVELOPABLE LAND.
Land subject to flooding, land with excessive slope and land deemed by the Planning Commission to be undesirable for development shall not be platted for residential occupancy, nor for such other uses as may involve danger to health, life or property or to aggravate the erosion or flood hazard. Such land shall be set aside for compatible uses.
(Ord. 45-67. Passed 8-7-67.)
1113.13 UTILITY AND STREET IMPROVEMENTS.
(a) Sewage Disposal. Where public sewers are not available and where private sewage disposal systems will be utilized, the results of a percolation test shall be submitted in accordance with the recommendation of the County Health Officer.
(b) Street Improvements.
(1) Width of pavement. The minimum pavement width for minor streets may be thirty feet in Group 1, 2 and 3 areas.
(2) Curbs and gutters. Curbs shall be required on all streets designed to serve residential areas. Curbs shall be the straight side variety and shall have a radius of twenty feet to the width of the property line.
(3) Driveways. The maximum grade on driveways shall not exceed ten percent. Each drive shall provide sufficient space and distance to turn around prior to entering the street. (Ord. 45-67. Passed 8-7-67.)
1113.14 WALKWAYS.
All subdivisions with an average natural ground slope of ten percent and over shall provide a three-foot graded area on the uphill side of the right of way.
(Ord. 45-67. Passed 8-7-67.)
1113.15 RETAINING WALLS.
Retaining walls may be required wherever topographic conditions warrant or where necessary to retain fill or cut slopes within the right of way. Such improvements shall require the approval of the City Engineer.
(Ord. 45-67. Passed 8-7-67.)
(Ord. 45-67. Passed 8-7-67.)
1114.01 PURPOSE AND SCOPE.
(a) The purpose of these regulations is to provide for the health, safety and general welfare of the citizens of the City of Dover through the regulation of illicit discharges and new discharges to the municipal storm water sewer system (MS4). These regulations establish methods for controlling the introduction of pollutants into the storm water system in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process, as required by the Ohio Environmental Protection Agency (Ohio EPA).
(b) Specifically these regulations have been formulated to provide compliance with the City of Dover's Ohio EPA Permit to Authorize Small MS4's to Discharge Storm Water Under the NPDES. As such, provisions of this chapter have been written to assure compliance with the technical requirements of the Ohio EPA General Permit to Authorize Storm Water Discharges Associated with Construction Activity Under the NPDES.
(c) As of the writing of this chapter, the current Ohio EPA Permit to Authorize Small MS4's to Discharge Storm Water is NPDES Permit No. OHQ000004 and the current Ohio EPA General Permit to Authorize Storm Water Discharges Associated with Construction Activity is NPDES Permit No. OHC000005. If either of these permits are superceded by a more recent version, the new version shall govern. All references to the old permit number in this chapter shall be replaced by the new permit number.
(d) If any provisions of this chapter are found to be in conflict with the aforementioned Ohio EPA permits, the following shall apply.
(1) If the chapter is more stringent or more restrictive than the Ohio EPA permits, the chapter shall govern.
(2) If any provisions of this chapter are found to be less stringent or less restrictive than the Ohio EPA permits, the minimum standards found in the Ohio EPA permits shall govern.
The requirements found in the aforementioned Ohio EPA permits are intended to be the minimum standards stipulated in this chapter.
(e) The objectives of these regulations are to prohibit illicit discharges and illegal connections and to regulate new discharges to the MS4, and to establish legal authority to carry out inspections, monitoring procedures and enforcement actions necessary to ensure compliance with these regulations.
(Ord. 48-21. Passed 12-6-21.)
1114.02 APPLICABILITY.
These regulations shall apply to all residential, commercial, industrial and/or institutional facilities responsible for discharges to the MS4 and on any lands within the corporate limits of the City of Dover; excepting those discharges generated by activities detailed in Section 1114.07(a)(l) to (a)(3) of this Chapter.
(Ord. 48-21. Passed 12-6-21.)
1114.03 DEFINITIONS.
The words and terms used in this Chapter, unless otherwise expressly stated, shall have the following meaning:
(a) Best Management Practices (BMP's): Schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants to storm water. BMPs also include treatment practices, operating procedures and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw material storage.
(b) City or Community: The City of Dover, Ohio, its officers, consulting engineer, employees, designated representatives, boards and commissions.
(c) Environmental Protection Agency (EPA): The United States EPA and/or the State of Ohio EPA, or any duly authorized official of said agencies.
(d) Floatable Material: In general, this term means any foreign matter that may float or remain suspended in the water column and includes, but is not limited to, plastic, aluminum cans, wood products, bottles and paper products.
(e) Hazardous Material: Any material including any substance, waste or combination thereof, which because of its quantity, concentration or physical, chemical or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property or the environment when improperly treated, stored, transported, disposed of or otherwise managed.
(f) lllicit Discharge: As defined at 40 C.F.R. 122.26 (b)(2), means any discharge to an MS4 that is not composed entirely of storm water; except for those discharges to an MS4 pursuant to a NPDES permit or as otherwise noted in Section 1114.07 of this Chapter.
(g) Illegal Connection: Any drain or conveyance, whether on the surface or subsurface, that allows an illicit discharge to enter the MS4.
(h) Municipal (Separate) Stormwater Sewer System (MS4): As defined at 40 C.F.R. 122.26(b)(8), a municipal separate stormwater sewer system means a conveyance or system of conveyances, including roads with drainage systems, municipal street, catch basins, curbs, gutters, ditches, man-made channels or storm drains that is:
(1) Owned or operated by a state, city, town, borough, county, parish, district, municipality, township, district, association or other public body that was created by, or pursuant to, state law and that has jurisdiction over sewage and/or industrial wastes, including special districts under state law such as a sewer district or similar entity, or a Native American tribe or an authorized Native American tribal organization, or a designated and approved management agency under Section 208 of the Clean Water Act that discharge to waters of the United States;
(2) Designed or used for collecting or conveying storm water;
(3) Not a combined sewer; and
(4) Not part of a Publicly Owned Treatment Works (POTW), as defined at 40 C.F.R. 122.2.
(i) National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permit: A permit issued by the EPA, or by a state under authority delegated pursuant to 33 USC Section 1342(b), that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable to an individual, group or general area-wide basis.
(j) Off-Lot Discharging Home Sewage Treatment System: A system designed to treat home sewage on-site and discharge treated wastewater effluent off of the property into a storm water or surface water conveyance or system.
(k) Owner/Operator: Any individual, agent, firm, association, organization, corporation, or partnership or other entity recognized by law that alone, jointly, or severally with others:
(1) Has legal or equitable title to any premises, building, structure, dwelling or dwelling unit, with or without accompanying actual possession thereof; or
(2) Has charge, care or control of any premises, building, structure, dwelling or dwelling unit, as agent of the owner or as executor, administrator, trustee or guardian of the estate of the beneficial owner.
The person(s) shown on the records of the Tuscarawas County Recorder to be the owner(s) of a particular property shall be presumed to be the person(s) in control of that property.
(1) Pollutant: Anything that causes or contributes to pollution. Pollutants may include, but are not limited to, paints, varnishes, solvents, oil and other automotive fluids, non-hazardous liquid and solid wastes, yard wastes, refuse, rubbish, garbage, litter or other discarded or abandoned objects, floatable materials, pesticides, herbicides, fertilizers, hazardous materials, wastes, sewage, dissolved and particulate metals, animal wastes, residues that result from constructing a structure and noxious or offensive matter of any kind.
(m) Premises: A lot, plot or parcel of land with its appurtenances, building, dwellings and/or structures thereon, and including any yards.
(n) Storm Water: Any surface flow, runoff and/or drainage consisting entirely of water from any form of natural precipitation that results from such precipitation.
(o) Wastewater: The spent water of a community. From the standpoint of a source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions.
(Ord. 48-21. Passed 12-6-21.)
1114.04 DISCLAIMER OF LIABILITY.
Compliance with the provisions of this Chapter shall not relieve any person from responsibility for damage to any persons or property otherwise imposed by law. The provisions of this Chapter are promulgated to promote the health, safety and welfare of the public and are not designed for the benefit of any individual or for the benefit of any particular parcel of property. (Ord. 48-21. Passed 12-6-21.)
1114.05 CONFLICTS, SEVERABILITY, NUISANCES AND RESPONSIBILITY.
(a) Where this Chapter is in conflict with other provisions of law or ordinance, the most restrictive provisions, as determined by the City, shall prevail.
(b) If any clause, section or provision of this Chapter is declared invalid or unconstitutional by a court of competent jurisdiction, the validity of the remainder shall not be affected thereby.
(c) This Chapter shall not be construed as authorizing any Owner/Operator to maintain a nuisance on their property, and compliance with the provisions of this Chapter shall not be a defense in any action to abate such nuisance.
(d) Failure of the City to observe or recognize hazardous or unsightly conditions, or to recommend corrective measures, shall not relieve the Owner/Operator from the responsibility for the condition or damage resulting therefrom and shall not result in the City, its officers, employees or agents being responsible for any condition or damage
resulting therefrom. (Ord. 48-21. Passed 12-6-21.)
1114.06 RESPONSIBILITY FOR ADMINISTRATION.
The City shall administer, implement and enforce the provisions of this Chapter. The City may contract with the Tuscarawas County Board of Health or other outside agency to conduct inspections, monitor and assist with enforcement actions.
(Ord. 48-21. Passed 12-6-21.)
1114.07 DISCHARGE AND CONNECTION PROHIBITIONS.
(a) Prohibition of Illicit Discharges. No Owner/Operator shall discharge, or cause to be discharged, any illicit discharge into the City's MS4. The commencement, conduct or continuance of any illicit discharge to the MS4 is prohibited; except as herein described:
(1) Waterline flushing; landscape irrigation; diverted stream flows; rising ground waters; uncontaminated ground water infiltration; uncontaminated pumped ground water; discharges from potable water sources; foundation drains; air conditioning condensate; irrigation water; springs; water from crawl space pumps; footing drains; lawn watering; individual residential car washing; flows from riparian habitats and wetlands; dechlorinated swimming pool discharges; street wash water; and discharges or flows from firefighting activities. These discharges are exempt until such time as they are determined by the City to be significant contributors of pollutants to the MS4.
(2) Discharges specified, in writing, by the City as being necessary to protect public health and safety.
(b) Prohibition of Illegal Connections. The construction, use, maintenance or continued existence of illegal connections to the MS4 is prohibited. This prohibition expressly includes, but is not limited to, illegal connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. An Owner/Operator is considered to be in violation of this regulation if the Owner/Operator connects a line conveying illicit discharges to the MS4, or allows such connection to continue. (Ord. 48-21. Passed 12-6-21.)
1114.08 REGULATED NEW ACTIVITIES
(a) This chapter requires that when a proposed soil disturbing activity such as a land clearing, grading, excavating and filling project on land used or being developed, either wholly or partially, for residential, commercial, recreational, industrial or other proposes consisting of one (1) or more contiguous acres of land owned by one person, group or corporation, or operated as one development unit for the construction of buildings, structures, utilities, recreational facilities, subdivisions or other non farm uses, the owner of said land shall prepare and submit to the City of Dover a Storm Water Pollution Prevention Plan (SWPPP). Soil disturbing activities that disturb less than one (1) acre, but are a part of a larger common plan of development, or sale, that will disturb more than one (1) acre, shall also require the submittal of a SWPPP.
(b) Areas of soil disturbing activity of less than one (1) contiguous acre and are not a part of a larger common plan of development or sale, that will disturb more than one (1) acre, do not require the preparation and submittal of a SWPPP. However, these areas are not exempt from the provisions of this chapter, which requires for all areas the installation and maintenance of erosion and sediment control practices to prevent sediment from depositing into local rivers, creeks, channels, ditches, ponds, storm sewers or onto existing landowners' properties and existing alleys, streets, roads or highways.
(c) During active and inactive construction sequences of soil disturbance activities, soils shall be stabilized and protected from erosion and sediment in a manner that all private and public properties, natural and artificial waterways, wetlands and storm sewers are protected.
(d) The owner proposing soil disturbing activities consisting of one (1) or more contiguous acres shall also submit a Notice of Intent (NOI) application to the Ohio EPA and receive a Construction General Permit from the Ohio EPA authorizing storm water discharges associated with construction activity under Ohio EPA Permit No. OHC000005, or its most rccent subsequent version. In addition to the requirements stated in this chapter, the said owner shall also comply with all of the permit conditions contained in the above said Ohio EPA permit.
(e) Erosion and sediment control, and storm runoff control practices used to satisfy the performance criteria of this chapter shall meet the specifications provided herein, and meet the standards and specifications in the current edition of Ohio's Rainwater and Land Development, Ohio's Standards for Storm Water Management, Land Development and Urban Stream Protection manual.
(f) The SWPPP plan shall be submitted to the City of Dover for review no less than thirty (30) days before any soil disturbing activity at the proposed site. A copy of the Ohio EPA NOI application and a copy of its application check shall also be submitted to the City of Dover with the SWPPP.
(g) The submitted plan must be approved by the City of Dover before the start of any soil disturbing activity. The plan must be designed by and sealed by a Registered Professional Engineer in the State of Ohio.
(h) The SWPPP plan shall be signed by the owner proposing the soil disturbing activities, and all reports associated with the SWPPP shall be signed by said owner or his written designated representative. A separate written document containing the signatures of all contractors and sub-contractors involved in the implementation of the SWPPP must be maintained as proof acknowledging that they reviewed and understand the conditions and responsibilities of the SWPPP. This document shall be created, and signatures obtained prior to commencement of work by the contractor or sub-contractor on the construction site.
(i) The land owner or his delegated representative shall maintain a written record of all SWPPP plan activities and compliance inspections. The first inspection to certify that the erosion and sediment control practices comply with the approved SWPPP plan shall be not later than two (2) working days after the start of the project. Thereafter, all control devices shall be inspected at least once every seven (7) calendar days and within twenty-four (24) hours after any storm event greater than one-half (1/2) of an inch of rain during a twenty-four (24) hour period.
(j) All soil disturbing activities that require an SWPPP as defined by this chapter, shall require a preconstruction conference with the City of Dover to ensure that all conditions of this chapter and the SWPPP are understood and followed. During construction, the City shall make periodic inspections to ensure that all provisions of the SWPPP are adhered to. These inspections by the City's representative are in addition to those required by the owner in (i) above. Any deviations from the SWPPP found during said inspections shall be corrected to provide compliance with the SWPPP in a timely fashion. Connections shall be subject to the same criteria and penalties noted in subsequent Sections 1114.13 and 1114.14.
(Ord. 48-21. Passed 12-6-21.)
1114.09 STORM WATER POLLUTION PREVENTION PLAN
The SWPPP plan shall contain the following information and drawings:
(a) Site Description: A description of the nature and type of construction activity (residential, commercial, industrial, etc.); the total area of the site and of the area that will be disturbed; a calculation of both the pre- and post-construction runoff coefficient; an estimate of impervious area and percent imperviousness created by the construction activity; the name and/or location of the immediate receiving stream or surface water(s) and the first subsequent named receiving water; the extent and description of wetlands or other special aquatic sites at or near the site which will be disturbed or which will receive discharges from disturbed areas of the project; existing soil data; available data describing the quality of any discharge from the site; and a description of prior land use.
(1) Construction Schedule: An implementation schedule which describes the sequence of major construction operations (grubbing, excavating, grading, utilities and infrastructure installation) and the implementation of erosion, sediment, and storm water management practices or facilities as they relate to each step of the construction sequence.
(2) Site Map: The site map or maps shall contain the following:
A. Limits of earth disturbing activity, including associated off-site borrow or spoil areas that are not addressed by a separate NOI and SWPPP;
B. Soil types, especially the location of unstable or highly erodible soil;
C. Existing and proposed contours, including a delineation of drainage watersheds expected during and after major grading activities, as well as the size of each drainage watershed in acres;
D. Surface water locations (springs, wetlands, streams, lakes and water wells) on or within 200 feet of site;
E. Existing and planned locations of buildings, roads, parking facilities and utilities;
F. Location of all erosion and sediment control practices, including locations of areas likely to require temporary stabilization during the course of development;
G. Sediment and storm water managements basins, noting their sediment settling volumes and contributing drainage area;
H. Permanent storm water management practices to be used to control pollutant in storm water after construction operations have been completed;
I. Areas designated for the storage or disposal of solid, sanitary, and toxic wastes, including dumpsters, cement truck washout pits, and vehicle fueling;
J. Location of construction entrances;
K. Location of any in-stream activity, including stream crossings. Water ponding facilities should be drawn to scale.
(3) Nonstructural Preservation Methods: A description of practices which preserve existing natural conditions as much as feasible (the phasing of operations to minimize the amount of disturbed land at any one time, designated tree preservation areas, etc.)
(4) Erosion Controls: Erosion controls must be capable of providing cover over disturbed soils. The SWPPP must provide specifications (seed type, application rates, etc.) for stabilization of all disturbed areas of the site and provide guidance as to which method of stabilization will be employed for any time of the year.
Temporary stabilization must be applied:
A. Within seven (7) days of last disturbance on any area that will lie dormant for fourteen (14) days or longer, but less than one (1) year, (in case of a residential subdivision, at least seven (7) days prior to transfer of permit coverage for the individual lot);
B. Within two (2) days on any areas within fifty (50) feet of a stream that will remain idle for more than fourteen (14) days; and
C. Prior to the onset of winter in those areas that will be idle over winter.
Permanent stabilization must be applied to any area:
A. Within seven (7) days of reaching final grade;
B. Within seven (7) days for areas that will lie dormant for one (1) year or more; or
C. Within two (2) days of reaching final grade within fifty (50) feet of a stream.
(5) Runoff Controls: The SWPPP shall incorporate measures to control runoff flows from disturbed areas to prevent soil erosion by directing the flows from exposed soils and steep slopes. Examples include rock check dams, pipe slope drains, and diversion berms and trenches.
(6) Sediment Control: Any site remaining disturbed more than fourteen (14) days must have structural sediment controls. Sediment basins and perimeter sediment barriers shall be implemented prior to grading and within seven (7) days from start of grubbing. Such controls must remain functional until the upslope area is restabilized. No sediment controls shall be placed in a stream. Detail drawings must be provided of all structural control practices. This should include outlet and inlet structures for detention/retention facilities including modifications to those facilities to aid in sediment removal. Installation instructions, such as installing silt fence along the contours and curving it upslope at the ends, must be included. Sediment controls include the following:
A. Sediment Settling Ponds - Concentrated runoff and runoff from drainage areas which exceed the design capacity of silt fence or inlet protection shall pass through sediment settling ponds. In addition, all common drainage locations serving ten (10) disturbed acres or more at one time must maintain a sediment pond until final stabilization of the site. Ponds shall be sized at sixty-seven (67) cubic yards per total contributing drainage acre; have a depth less than or equal to five (5) feet; and have the distance between inlet and outlet at least a 2:1 length:width ratio. The SWPPP must include provisions to remove sediment when the pond's capacity is reduced by fifty percent (50%). Sediment settling ponds shall further comply with the provisions of the most recent edition of Ohio EPA General Permit Authorization for Storm Water Discharges Associated with Construction Activity.
B. Silt Fence/Diversions - Sheet flow from denuded areas shall be intercepted by silt fence or diversions to protect adjacent property. Silt fence is limited to sheet flow situations and shall be placed on a level contour. The maximum drainage area behind silt fence shall not exceed one half (½) acre per 100 lineal feet of silt fence for less than two percent (2%) slope. For areas of greater slope the maximum drainage area shall be reduced as per the table in the most recent edition of Ohio EPA General Permit Authorization for Storm Water Discharges Associated with Construction Activity. Where the above criteria is exceeded, a diversion directing runoff to a sediment settling pond is indicated.
C. Inlet Protection - Unless the storm drain system drains to a sediment settling pond, practices shall be implemented to minimize sediment-laden water entering active storm drain systems. If the permittee chooses not to use structural curb inlet protection, it is imperative that a successful program be maintained utilizing other controls such as silt fence across lot frontage, prompt stabilization. street cleaning, and on-lot construction entrances.
D. Stream Protection - Structural practices shall be implemented to protect all adjacent streams from the impacts of sediment laden runoff.
E. Trench and Ground Water Controls - A trench or ground water which contains sediment must pass through a sediment settling pond or other equally effective sediment control device. Alternatively, sediment may be removed by settling in place, dewatering into a sump pit, filter bag or comparable practice. Groundwater dewatering which does not contain sediment or other pollutants is not required to be treated prior to discharge. A non-erosive channel must be provided to convey this water from the site. There shall be no turbid discharges to surface waters of the state resulting from dewatering activities.
F. Off-Site Traffic - Off-site vehicle tracking of sediments and dust generation shall be minimized.
G. Subdivision Lots - Where the SWPPP does not call for a centralized sediment control capable of controlling runoff from multiple lots, a detail drawing of a typical lot showing standard lot erosion and sediment control practices must be provided.
(7) Inspections: The SWPPP plan shall contain written statements requiring inspections to be made and recorded at the intervals heretofore stated in Section 1114.08(i).
(8) Maintenance: The SWPPP shall contain a description of maintenance procedures needed to ensure the continued performance of controls. Controls must be repaired and maintained as needed to ensure continued performance of their intended function. They must remain functional until all upslope areas are permanently stabilized. Sediment ponds must be repaired/maintained within ten (10) days of inspection. All other controls must be repaired/maintained within three (3) days of inspection. Documentation of when repairs and maintenance occur should become part of the inspection record. Maintenance plans shall be as further delineated in Section 1114.10(i).
(9) Post-Construction Storm Water Management: The SWPPP must contain a description of the post-construction facilities that shall be installed during construction of the project, including detailed drawings and notes pertaining to the operation of the facilities. Copies of these plans shall be given by the permittee to the post-construction operator of the facilities upon completion of construction. Design of post-construction storm water facilities shall meet the hereinafter presented requirements.
(Ord. 48-21. Passed 12-6-21.)
1114.10 POST-CONSTRUCTION FACILITIES.
(a) General: New commercial sites, industrial sites and residential subdivisions as well as existing, downstream properties shall be protected from flood hazard and inundation by storm waters. Existing watercourses either originating in or flowing through a new commercial site, industrial site or residential subdivision shall be received and discharged from the development as nearly as possible at the rate, which existed prior to construction. Runoff from a new commercial site, industrial site or residential subdivision shall be drained to an adequate outlet. This outlet or termini location must be approved by the City of Dover and shall consist of a channel, stream, river, storm sewer, pond, lake or dedicated public drainage easement.
Post-construction storm water management shall be accomplished through the use of Best Management Practices that follow the requirements specified herein and as delineated in the most recent edition of Ohio EPA General Permit Authorization for Storm Water Discharges Associated with Construction Activity.
The hydraulic design and construction of drainage facilities shall be subject to the approval of the City of Dover. Grading within a new subdivision shall provide positive drainage for all lots. Depth of flow or ponding within a new subdivision shall not exceed a level which would cause inundation of foundations or basements of residences.
(b) Control of Storm Water Flow Rate: The flow rate of storm water from a developed site must be controlled in order to meet the following criteria:
(1) The peak flow of storm water from the developed site at an appropriately selected point of analysis shall not exceed the peak flow of storm water from the pre-developed site at the same point of analysis for the same year frequency storm. This requirement applies for all storms with a frequency of one hundred (100) years and less.
(2) The peak flow of storm water from the site during construction at an appropriately selected point of analysis shall not exceed the peak flow of storm water from the pre-developed site and the same point of analysis for the same year frequency storm. This requirement applies for all storms with a frequency of ten (10) years and less.
(3) The flow of storm water from the developed site shall be drained to an adequate outlet. This outlet must be approved by the City of Dover and will consist of a channel, stream, river, storm sewer, pond or lake having sufficient capacity to accommodate flow from the developed site.
(4) The flow of storm water from the developed site must not cause flooding to proposed buildings within the development or to existing downstream homes, buildings, places of business or other structures.
(5) Surface water draining from an existing watershed area cannot be diverted, channeled, piped or otherwise rerouted into another watershed area unless approved by the City of Dover.
(c) Storm Water Control Structures and Methods. Control of storm water runoff from a developed site may be accomplished using a control structure such as a storm water management basin, underground storage tanks or pipes, storage on pavement areas, storage on roof areas or a combination of these types of control measures. The primary purpose of any storm water runoff control structure is to temporarily store water during a storm and release it at a rate that meets the criteria given previously.
(1) The two (2) methods that are permitted for use to determine the peak flow rate of storm water from a site as well as for determining the required storage volume of a runoff control structure are the Modified Rational Method and the Soil Conservation Service Methods.
(2) Precipitation frequency for the developed site shall be determined from the twenty-four (24) hour precipitation duration data published by the National Oceanic and Atmospheric Administration, National Weather Service for Dover, Ohio.
(3) Drainage drawings for both the pre-developed and post-developed sites shall be provided. These drawings shall be to a scale that allows the following information to be neatly presented and clearly read:
A. Existing and proposed elevation contours shall be shown with the contour interval not exceeding a two (2) foot interval for slopes greater than ten percent (10%), and with the contour interval not exceeding a one (1) foot interval for slopes less than ten percent (10%). This requirement may be modified, if drawing clarity demands such.
B. Indicate the discharge location or locations on the drawings to which the pre-developed and post-developed storm waters flow. Also, indicate the location of the hydraulically most distant point or points from which storm waters originate.
C. Delineate in detail the contours and shapes of all storm water holding basins and their control structures and devices at a scale which lends clarity to their construction and installation.
(4) Storm water runoff control structures shall be constructed of reinforced concrete at locations where they can be readily maintained. Flows shall be regulated utilizing fixed weirs. Control structures shall also have overflow openings. Discharges from control structures into streams or other non-piped or rigid outlets shall have the discharge area protected with large aggregate riprap.
(5) All storm water holding basins shall have emergency overflows incorporated into their design in case the runoff control structures become blocked or their capacity is exceeded. The emergency overflow spillway shall be designed such that the flow of storm water from the developed site does not cause flooding to building or structures within the development or to downstream buildings or structures.
(6) The City of Dover reserves the right to select the type or types of storm water runoff control methods and structures that are to be designed for a definitive site. Only detention, retention or infiltration basins are acceptable runoff control structures for new residential subdivisions or other types of residential complexes, new large commercial developments, or new large industrial developments.
(d) Water Quality Volume: For large construction activities that are disturbing two (2) acres or more of soils, or that are part of a total common plan of development which will collectively disturb two (2) acres or more of soils, the post construction facilities must be sized to treat a volume of storm water (known as WQv) equal to the volume of storm water runoff from a nine-tenth (.90) of an inch rainfall over the developed site.
The water quality volume (WQv) shall be determined using the following equations:
WQv = ((Rv) (P) (A))/12 (Equation 1)
where,
WQv = Water quality volume in acre-feet
Rv = the volumetric runoff coefficient calculated using equation 2
P = 0.90 inch precipitation depth
A = acres draining into BMP in acres
Rv = 0.05 + 0.9i (Equation 2)
where i = fraction of post construction impervious surface
An additional volume of storm water runoff equal to twenty percent (20%) of the WQv shall be incorporated into the post construction facility for sediment storage and outlet control.
(1) The Storm water quantity volume (the volume of water stored to control the storm water runoff flow rate) must be stacked on top of the storm water quality volume for any storm water facility that will also serve as the post-construction storm water facility. In other words, use the top of the WQv as the base elevation for the storm water runoff control volume.
(2) The initial settling pool or forebay volume for sediment storage shall be equal to one half of the additional twenty percent (20%) volume required for sediment storage. To accommodate relatively frequent sediment cleanout, easy equipment access should be provided to the forebay.
(3) The other half of the additional twenty percent (20%) volume required for sediment storage shall be a micropool that filters and controls the rate of flow of the WQv. The flow control orifice cannot be less than two and one-half (2) inches in diameter and shall be designed to be non-clogging.
(e) Detention Basins:
(1) Detention basins shall provide the control of storm water flow rates and the water quality volume (water quality volume when applicable) prescribed in the preceding subsections (b) and (d). The construction of the basins shall conform to the design requirements required herein and those presented in the current edition of the previously referenced Ohio's "Rainwater and Land Development" manual.
(2) For safety considerations, the interior slopes of a detention basin shall not exceed a 4: 1 slope unless the perimeter of the basin is fenced with at least one gate large enough to allow maintenance equipment, such as trucks and backhoes, to enter into the basin for maintenance purposes. Large basins shall have additional gates for maintenance as required and approved by the City of Dover.
(3) An emergency spillway shall be provided as heretofore stated. The bottom elevation of the spillway shall be above the water elevation in the basin for the design runoff from all storms with a frequency of one hundred (100) years or less, and the required water quality volume.
(4) For basins that are to be dedicated to the City of Dover as part of its storm sewer system, the minimum top width of the side embankments shall be six (6) feet for non-vehicular traffic. Access easements from public streets or other public easements to the basins for vehicular maintenance equipment shall be a minimum of fourteen (14) feet in width and be dedicated to the City with the basin. The top width of side embankments for private basins not being dedicated to the City of Dover may vary from the preceding stated requirements; however, such widths shall be adequate enough, as determined by the City, for the basins to be properly maintained. All basins dedicated to the City for maintenance shall have their perimeter adequately fenced with six (6) feet high aluminized chain link fence and gates, arranged as per the maintenance needs of the City.
(f) Retention Basins:
(1) Retention basins shall conform to all of the construction and maintenance requirements stated for detention basins in addition to the following requirements.
A. Provisions shall be installed to prevent the water in the retention basin from becoming stagnant through the use of a properly designed aeration system.
B. Provisions for draining the retention basin for maintenance shall be an integral part of the basin design, and such shall be described on the submitted approval drawings for the basis.
(g) Underground Infiltration Basin, Dry Well or Infiltration Trench:
(1) Control of stormwater runoff can be achieved with the use of an underground infiltration basin, dry well or infiltration trench when such facilities are constructed in glacial soils and the use of such is approved by the City of Dover. Glacial soils in which these facilities are constructed shall have infiltration rates greater than 0.30 of an inch per hour. Buried underground infiltration basins shall be designed in accordance with the manufacturer's design requirements for its basins.
A. Infiltration rates used in the design of underground infiltration basins, dry wells and infiltration trenches shall be determined by soil tests conducted by a firm or individual who are normally engaged in providing soil testing. The results of such tests shall be certified in writing.
B. Only buried infiltration basins or structures shall be permitted. Open basins, open wells or open trenches will not be permitted.
(h) Pavement Storage:
(1) Storm water runoff control can be achieved by temporarily ponding water in parking areas. The maximum depth of water at its deepest point shall not exceed eight (8) inches, and in no case shall be greater than the finished floor elevation of any adjacent building.
A. The minimum slope of a parking lot surface shall be one percent (1%) and the maximum slope shall be ten percent (10%).
B. Outlet control structures shall be designed using the design criteria presented in subsection (b) hereof.
C. Provisions to prevent flooding of any adjacent building shall be made for the cases when the outlet control structure becomes clogged or with storms exceed the one hundred (100) year frequency.
(i) Roof Top Storage: Storage of storm water runoff can also be provided by temporarily ponding water on flat roofs with parapets that contain water. The building structural system shall be designed to accommodate the amount of water that is being stored and meet all of the structural requirements of the Ohio Building Code.
(1) Roofs shall have a minimum slope of twenty-five hundredths (0.25) of a percent.
(2) Outlet and overflow control drains shall be designed using the design criteria presented in subsection (b) hereof.
(j) For small construction activities, construction activities authorized under this permit which result in a disturbance of less than two (2) acres, a post-construction practice shall be used to treat storm water runoff for pollutants and reduce adverse impacts on receiving waters as per the most recent edition of Ohio EPA General Permit Authorization for Storm Water Discharges Associated with Construction Activity, Provisions of this permit which require approval from the regulated MS4 will be adhered to. As such, the use of non-standard BMP' s that are required because of a site’s physical constraints will be authorized by the City of Dover on a case by case basis.
(k) For redevelopment of previously developed areas, a reduction of the water quality requirement is permissible as outlined in the most recent edition of Ohio EPA General Permit Authorization for Storm Water Discharges Associated with Construction Activity, provided the conditions outlined in the permit are achieved.
(l) Maintenance Plans: Detail drawings and maintenance plans shall be provided for all post-construction BMPs in the SWPPP. Maintenance plans shall be provided by the permittee to the post-construction operator of the site (including home owner associations) upon completion of construction activities (prior to termination of permit coverage). Maintenance plans shall insure that pollutants collected within structural post-construction practices are disposed of in accordance with local, state and federal regulations. To ensure that storm water management systems function be designed and constructed, the post-construction operation and maintenance plan shall be a standalone document which contains the following information:
(1) There shall be a designated entity for storm water inspection and maintenance responsibilities.
(2) The plan shall include the routine and non-routine maintenance tasks to be undertaken.
(3) There shall be a schedule for inspection and maintenance.
(4) The plan shall include any necessary legally binding maintenance easements and agreements.
(5) The construction drawings or excerpts showing the plan view, profile and details of the outlet(s) shall be included.
(6) There shall be a map showing all access, and maintenance easements.
(7) The plan shall provide relevant elevations and associated volumes that dictate when removal of accumulated sediments must occur.
Plans shall address future changes in ownership to ensure that long-term operations and maintenance criteria continue to be met.
(m) Any desired modifications to post-construction water runoff controls that occur after the initial SWPPP approval must be approved the City of Dover.
(Ord. 48-21. Passed 12-6-21.)
1114.11 INDIVIDUAL LOT NOTICE OF INTENT (NOI).
(a) When portions of a site are sold permit coverage must be continued on lots and or parcels until they meet the criteria for final stabilization and a Notice of Termination (NOT) is submitted to the Ohio EPA. For developments which require the use of centralized sediment and erosion controls (that address runoff from one (1) or more lots) and where the transfer of permit coverage will prevent or impair the implementation of controls, the original permittee must maintain responsibility for their implementation. Where this is not the case, the original permittee must temporarily stabilize sold lots, inform the new lot owner of his permit obligations, and ensure that an Individual Lot NOI application is submitted to the Ohio EPA at least seven (7) days prior to the date the new lot owner intends to accept permit responsibility. Transfer of permit coverage is not granted until the applicant receives an approval letter from Ohio EPA. The original permittee may submit an Individual Lot NOT at the time the Individual Lot NOI is submitted.
(b) When the new lot owner becomes a co-permittee with the original permittee, or has permit coverage transferred to become the sole permittee, the lot owner should obtain a copy of the original SWPPP and comply with its requirements. Depending on site topography and location, additional controls above and beyond those outlined for the "typical" lot may be required. The new lot owner may be partially or completely responsible for amending the SWPPP and installing those controls.
(Ord. 48-21. Passed 12-6-21.)
1114.12 NOTICE OF TERMINATION (NOT).
(a) Permittees wishing to terminate permit coverage must submit a NOT to the Ohio EPA. A NOT form must be submitted within forty-five (45) days of completing all permitted land disturbance activities and when one or more of the following conditions have been met:
(1) Final stabilization has been achieved on all portions of the site for which the permittee is responsible;
(2) Another operator(s) has assumed control over all areas of the site that have not been finally stabilized;
(3) For residential construction only, temporary stabilization has been completed and the lot, which includes a home, has been transferred to the homeowner. (Lots without housing which are sold must undergo final stabilization prior to termination of permit coverage.)
(b) Before submitting a NOT, final stabilization must be achieved. This means that:
(1) All soil disturbing activities are complete and a uniform perennial vegetative cover of a least seventy percent (70%) density (across the entire site) has been established. All temporary erosion and sediment controls have been removed and properly disposed, and all trapped sediment has been permanently stabilized; or
(2) For individual lots in residential construction, either
A. The homebuilder has competed final stabilization as specified above or
B. The homebuilder has established temporary stabilization, including perimeter controls for the lot, prior to the homeowner occupying the house, and the homebuilder has informed the homeowner that the homeowner is required to complete the final stabilization.
(Ord. 48-21. Passed 12-6-21.)
1114.13 MONITORING OF ILLICIT DISCHARGES AND ILLEGAL CONNECTIONS.
(a) Establishment of an Illicit Discharge and Illegal Connection Monitoring Program: The City shall establish a program to detect and eliminate illicit discharges and illegal connections to the MS4. This Program shall include the mapping of the MS4 (including MS4 outfalls and home sewage treatment systems); the routine inspection of storm water outfalls to the MS4, and the systematic investigation of potential residential, commercial, industrial and institutional facilities for the sources of any dry-weather flows found as the result of these inspections.
(b) Inspection of Residential, Commercial, Industrial or Institutional Facilities.
(1) The City shall be permitted to enter and inspect facilities subject to this Chapter as often as may be necessary, at reasonable times and upon reasonable notice to the Owner/Operator, to determine compliance with this Chapter. This right of entry shall be subject to constitutional restrictions on unreasonable searches and seizures. If entry is refused or not obtained, the City is authorized to pursue recourse as provided by law including, but not limited to, seeking an administrative search warrant, injunctive relief and/or criminal remedies.
(2) The City shall have the right to set up at facilities subject to this Chapter such devices as are necessary to conduct monitoring and/or sampling of the facility's storm water discharge, as determined by the City.
(3) The City shall have the right to require the facility's Owner/Operator to install sampling and/or monitoring equipment as the City deems necessary. This sampling and/or monitoring equipment shall be maintained at all times in safe and proper operating condition by the Owner/Operator at the Owner/Operator's expense. All devices used to measure storm water flow and quality shall be calibrated by the City to ensure their accuracy.
(4) Any temporary or permanent obstruction to safe and reasonable access to the facility to be inspected and/or monitored shall be promptly removed by the facility's Owner/Operator at the written or oral request of the City and shall not be replaced. The cost of clearing such access shall be borne by the facility Owner/Operator.
(5) Unreasonable delays in allowing the City access to a facility subject to this Chapter for the purposes of illicit discharge inspection may be a violation of this Chapter.
(6) Any costs associated with these inspections shall be assessed to the facility Owner/Operator. If such costs are not paid within thirty (30) days of the date of the invoice sent to the Owner/Operator, the City may cause a lien to be placed upon the property of the facility.
(Ord. 48-21. Passed 12-6-21.)
1114.14 ENFORCEMENT AND PENALTIES.
(a) Notice of Violation and Correction Order.
(1) When the City finds that a premise is in violation of any provision of this Chapter, or that an Owner/Operator has violated any provision of this Chapter or has failed to meet any requirement of this Chapter, the City may order compliance by written Notice of Violation and/or Correction Order. Such notice must specify the violation and shall be hand delivered and/or sent by certified mail to the Owner/Operator of the premises. Such Notice and/or Order may require the following actions:
A. The performance of monitoring, analyses and reporting;
B. The elimination of illicit discharges or illegal connections;
C. The "cease and desist" of any violation discharges. practices or operations;
D. The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property; and/or
E. The implementation of source control or treatment BMPs.
(2) If abatement of a violation and/or restoration of affected property is required, the Correction Order shall set forth a deadline within which such remediation or restoration must be completed. Said Order shall further advise that should the Owner/Operator fail to remediate and/or restore within the established deadline, legal action for enforcement may be initiated.
(3) Any Owner/Operator receiving Notice of Violation and/or Correction Order must meet compliance standards within the time established in the Notice of Violation and/or Correction Order.
(b) Appeals: Any Owner/Operator who is adversely affected by the issuance of a Notice of Violation and/or Correction Order under this Chapter may appeal to the Appeals Board. Such appeal shall be in writing and shall be filed within twenty (20) days of the issuance of the Notice of Violation and Correction Order.
(c) Appeals Board: The Appeals Board shall be the Board of Zoning Appeals.
(d) Prosecution of Violations. Upon the failure of any Owner/Operator to comply with a Notice of Violation and Correction Order, or upon a violation of any section of this Chapter, the City may institute the appropriate proceeding, whether in law or in equity, to penalize, restrain, correct or abate such violation.
(e) Penalties. Unless otherwise provided in this Chapter, the penalties for failure to comply with a Notice of Violation and Correction Order, and/or for a violation of this Chapter shall be as follows:
Whoever violates this section is guilty of an unclassified misdemeanor, and in addition to any other penalties allowed by law, the Court shall fine the person as follows:
(1) On a first offense, not less than twenty-five dollars ($25.00);
(2) On a second offense within one (1) year, not less than fifty dollars ($50.00);
(3) On a third offense within one (1) year, not less than one hundred dollars ($100.00);
(4) On a fourth offense within one (1) year, not less than two hundred dollars ($200.00);
(5) On a fifth offense within one (1) year, not less than four hundred dollars ($400.00);
(6) On a sixth offense within two (2) years, not less than six hundred dollars ($600.00);
(7) On a seventh offense within two (2) years, not less than eight hundred dollars ($800.00);
(8) On an eighth offense or higher within two (2) years, not less than one thousand dollars ($1,000).
Each day the violation continues shall be considered a separate offense. The application of the penalties herein described shall not prevent the abatement of prohibited conditions.
(Ord. 48-21. Passed 12-6-21.)
1114.15 PENALTIES NOT EXCLUSIVE.
The penalties listed in this Chapter are not exclusive of any other remedies available under any applicable Federal, State or local law, and it is within the discretion of the City to seek cumulative remedies. If an Owner/Operator has violated or continues to violate this Chapter, the City may institute an appropriate action, whether in law or in equity, to restrain, correct or abate a violation, or petition for an injunction, to any court of competent jurisdiction.
(Ord. 48-21. Passed 12-6-21.)
1115.01 RECORDING OF PLAT.
No plat of any subdivision shall be entitled to record in the Office of the Recorder of the County or have any validity until it has been approved in the manner prescribed herein. In the event any such unapproved plat is recorded, it shall be considered invalid, and the Planning Commission shall institute proceedings to have the plat stricken from the records of Tuscarawas County. (Ord. 45-67. Passed 8-7-67.)
1115.02 REVISION OF PLAT AFTER APPROVAL.
No changes, erasures, modifications or revisions shall be made in any plat of a subdivision after approval has been given by the Commission and endorsed in writing on the plat, unless the plat is first resubmitted to the Planning Commission.
(Ord. 45-67. Passed 8-7-67.)
1115.03 FILING AND INSPECTION FEE.
(a) At the time of submitting a preliminary plan, the subdivider shall pay a filing fee. The amount of such fee shall be determined from the schedule as follows:
Number of Lots in Plat | Amount of Fee |
2 to 5 | $ 30.00 |
6 to 10 | 50.00 |
11 to 15 | 60.00 |
16 to 20 | 70.00 |
21 to 25 | 80.00 |
26 to 30 | 90.00 |
31 to 35 | 100.00 |
36 and over | 100.00 plus $1.00 for each lot in excess of 35 |
(b) The filing fee shall be paid in legal tender or by check or money order made payable to the City.
(c) In the event that a plat is disapproved by the Planning Commission before any physical inspection has been made of the site, the Commission may, at its discretion, order that the developer be refunded the fee paid to the City.
(d) In addition to the above filing fee, the subdivider shall be charged a fee by the City for the cost of determinations and inspections of all improvements.
(Ord. 45-67. Passed 8-7-67.)
1115.04 SALE OF LAND IN SUBDIVISION; PLAT TO BE APPROVED.
No owner or agent of the owner of any land located within a subdivision shall transfer, sell, agree to sell any land by reference to, exhibition of or by the use of a plan or plat of a subdivision before such plan or plat has been approved and recorded in the manner prescribed herein. Any sale or transfer contrary to the provisions of this section is void. The description of such lot or parcel by metes and bounds in the instrument of transfer or other documents used in the process of selling or transferring shall not exempt the transaction from the provisions of these Subdivision Regulations. (Ord. 45-67. Passed 8-7-67.)
1115.05 PERMITS ISSUED AFTER PLAT APPROVAL.
(a) Building or repair permits shall not be issued for any structure on a lot in a subdivision for which a plat has not been approved and recorded in the manner described herein.
(b) Building occupancy shall not occur until all improvements including utilities are complete, inspected and accepted in writing by the City.
(c) Utility improvements by the developer pursuant to the plat and subject to the provisions of Chapter 1111 shall not be deemed as finally accepted until such time as the City Engineer shall certify to the Service Director that the same are completed and have been inspected and the Service Director has accepted the same in writing addressed to the developer and bonding company or escrow agent holding the developer's bond. Such writing must indicate that the utilities have been completed, inspected and are being finally accepted by the City.
(d) No owner or agent of the owner of any land shall be entitled to a permit for the installation of wells and septic tanks upon any lots in a subdivision for which a plat has not been approved and recorded in the manner prescribed herein. (Ord. 55-89. Passed 7-17-89.)
1115.06 VALIDITY.
If any section, subsection, sentence, clause or phrase of these Subdivision Regulations is for any reason held to be unconstitutional or void, such decisions shall not affect the validity of the remaining portions of these Subdivision Regulations. (Ord. 45-67. Passed 8-7-67.)
1115.99 PENALTY.
(a) Whoever willfully violates any rule or regulation adopted by the legislative authority of the City or a board of county commissioners pursuant to Ohio R.C. 711.101 or fails to comply with any order issued pursuant thereto, shall forfeit and pay not less than ten dollars ($10.00) nor more than one thousand dollars ($1,000).
Such sum may be recovered with costs in a civil action brought in the Court of Common Pleas of 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. (ORC 711.102)
(b) A County recorder who records a plat contrary to the provisions of these Subdivision Regulations shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00), to be recovered with the costs in a civil action by the Prosecuting Attorney in the name and for the use of the County. (ORC 711.12)
(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 before such plat has been recorded in the office of the County Recorder, shall be fined not less than ten dollars ($10.00) nor more than five hundred dollars ($500.00) for each lot, parcel or tract of land so sold. The description of such lot, parcel or tract by metes and bounds in the deed or transfer shall not serve to exempt the seller from the forfeiture provided in this section. (ORC 711.13)
(d) Any person who disposes of, offers for sale or leases for a time exceeding five years any lot or any part of a lot in a subdivision with intent to violate these Subdivision Regulations shall be fined not less than ten dollars ($10.00) nor more than five hundred dollars ($500.00) for each lot or part of a lot so sold, offered for sale or leased, to be recovered with costs in a civil action, in the name of the County Treasurer for use of the County.
(ORC 711.15; Ord. 45-67. Passed 8-7-67.)
1117.01 HARDSHIP EXCEPTION.
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 Subdivision Regulations would result in real difficulties, substantial hardship or injustice, the City Planning Commission may vary or modify these Subdivision Regulations so that the subdivider may subdivide his property in a reasonable manner; but, at the same time, the public welfare and interest of the City and the surrounding areas must be thoroughly protected and the general intent and spirit of these Subdivision Regulations enforced.
(Ord. 45-67. Passed 8-7-67.)
1117.02 LARGE SCALE DEVELOPMENT.
The standards and requirements of these Subdivision Regulations may be modified by the Planning Commission in the case of a plan or program for a new town, a complete community or a neighborhood unit, which in the judgment of the Planning Commission provides adequate public space and improvements for the circulation, recreation, light, air and service needs of the tract when fully developed and populated, and which also provides such covenants or other legal provisions as will assure conformity to and achievement of the plan. (Ord. 45-67. Passed 8-7-67.)
1117.03 CONDITIONS MAY BE REQUIRED.
In granting variances and modifications, the Planning Commission may require such conditions as will, in its judgment, secure substantially the objective of the standards or requirements so varied or modified. (Ord. 45-67. Passed 8-7-67.)