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East Liverpool City Zoning Code

TITLE FIVE

Subdivision Regulations

APPENDIX 1 Statements and Signatures

Situated in the County of Columbiana, State of Ohio, and being of Section                 , Township                 , Range                 , containing         acres and being the same tract as conveyed to                               , and described in deed recorded in Deed Book           , Page         , Recorder's Office, Columbiana County, Ohio.
The undersigned                                           hereby certify that the attached plat correctly represents their "                                                          " a subdivision of lots         to               inclusive, do hereby accept this plat of same and dedicate to public 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 holder 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 East Liverpool, 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 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               , 20    .
 
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 #     

APPENDIX 2 Approvals

STATE OF OHIO, CITY OF EAST LIVERPOOL, OHIO) ss.
Before me, a Notary Public in and for said City, 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                     , 20    .
 
                                                                                 
My Commission Expires   Notary Public, Columbiana
                  County, Ohio
 
WITHIN THE THREE-MILE LIMITATION OF THE CITY OF EAST LIVERPOOL
1.  Approved this     day of                 , 20                                             
                  Columbiana County Engineer
    Approved this     day of                 , 20                                             
                  Columbiana County Health Commissioner
    Approved this     day of                 , 20                                             
                  Secretary of Planning Commission, Columbiana County
 
2.  Approved and accepted this       day of                   , 20    , the roads, boulevards, etc., herein dedicated to public use are hereby accepted as such for the County of Columbiana, State of Ohio.
                                                          
 
                                                          
 
                                                          
         Columbiana County Commissioners
3.  Transferred this     day of             , 20                                       
                  Columbiana County Auditor
 
Filed for record this     day of             , 20    , at                   M.
Recorded this       day of                     , 20    , in Plat Book               , Page No.          
 
                                                                                       
Columbiana County Recorder       Deputy Recorder
 
Approved this     day of             , 20                                                       
               Secretary, City Planning Commission
               of East Liverpool, Ohio
 
Approved this     day of               , 20                                                       
               City Engineer of East Liverpool, Ohio
 

1151.01 SHORT TITLE.

   This Title Five shall be known and may be cited as the "Subdivision Regulations for the City of East Liverpool, Ohio" and shall hereinafter be referred to as "these Regulations".

1151.02 INTERPRETATION AND PURPOSE.

   In their interpretation and application, the provisions of these Regulations shall be held to be the minimum requirements adopted for the protection of the public health, safety and welfare.  To protect the public, among other purposes, such provisions are intended to provide for permanently wholesome community environment, adequate public services and safer streets and highways.

1151.03 SCOPE.

   These 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 Regulations.  Nor is it intended by these 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 Regulations, or with private restriction placed upon property by deed, covenant or other private agreement, or with restrictive covenants running with the land to which the Municipality is a party.  Where these Regulations impose a greater restriction upon land than is imposed or required by such existing provisions of law, ordinance, contract or deed, the provisions of these Regulations shall control.

1151.04 ADMINISTRATION AND AUTHORITY.

   A Major Highway Plan having been adopted by the Planning Commission according to statutory requirements, Council, by virtue of Ohio R.C. Chapter 711, is authorized, subject to the holding of required public hearings, to adopt rules and regulations covering plats for subdivisions of land, and to approve, conditionally approve or disapprove plats or subdivisions of land falling within their jurisdiction.  Administration of the rules and regulations contained herein shall be the responsibility of the Planning Commission.

1151.05 JURISDICTION AND APPROVAL.

   The provisions of these 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 Planning Commission shall have the power of final approval of the plats, except that the provisions of Chapter 1157 within the three-mile radius shall be the jurisdiction of the County Engineer.
   (a)   No person shall subdivide or lay out into lots any land within the Municipality or the three-mile area unless it is done by a plat complying with the regulations herein contained, and 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.
   (b)   The design and layout of all subdivisions shall conform with the requirements of these Regulations.  The subdivider shall make improvements and shall submit preliminary and final plans, all in accordance with these Regulations.
   (c)   The division of a tract into 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 Planning Commission before it can be recorded.  Such approval may be accomplished in the manner provided in these Regulations.

1151.06 PUBLIC HEARING.

   The Planning Commission, on its own initiative or upon petition by a citizen or neighboring property owner, may, prior to acting on a preliminary map of a subdivision, hold a hearing thereon at such time and upon such notice as the Commission may designate.

1151.07 EFFECTIVE DATE.

   These Regulations shall be effective following adoption by the City Planning Commission and by Council, after public hearing and certification to the Recorder as provided by law.  Henceforth, any other regulations previously adopted by Council or the Planning Commission shall be deemed to be repealed.  These Regulations shall in no way affect any subdivision having received preliminary approval by the Commission prior to the effective date, provided, however, that no changes to the preliminary plan, as approved, are introduced by the subdivider.

1151.08 AMENDMENTS.

   Council may, after public hearing, amend, supplement or change these Regulations.  Notice shall be given of the time and place of such public hearing by publication in at least one newspaper of general circulation published in the local area thirty days prior to holding such hearing.  The amendment or amendments shall be on file with the Planning Commission for public examination during such thirty days.

1151.09 DEFINITIONS.

   As used in these Regulations:
   (1)   "Block" means a piece or parcel of land entirely surrounded by public highways, public streets, railroad right of way, parks, streams, lakes or bodies of water, or a combination of these.
   (2)   "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.
   (3)   "Clerk" means the Clerk of Council of East Liverpool, Ohio.
   (4)   "City Engineer" means the City Engineer of East Liverpool, Ohio.
   (5)   "Council" means the Municipal Council (legislative authority) of East Liverpool, Ohio.
   (6)   "County" means Columbiana County, State of Ohio.
   (7)   "Crosswalk" means a right of way which cuts across a block to facilitate access to adjacent streets and properties.
   (8)   "Developer" means any person, partnership, corporation or duly authorized agent who constructs or contracts to construct improvements on subdivided land.
   (9)   "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.
   (10)   "Final plat" means the final map, drawing or chart on which the subdivider's plan is presented to the Planning Commission for approval and which, if approved, will be submitted to the Recorder of Columbiana County.
   (11)   "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.
   (12)   "Improvements" means street improvements, with or without curb or gutter, sidewalks, crosswalks, water mains, sanitary and storm sewers, street trees and other appropriate items.
   (13)   "Lot" means a parcel of land intended for transfer of ownership or building development, having its principal frontage on a public street.
   (14)   "Master Plan" means the comprehensive Plan (which may consist of several maps, data, etc.), or any portion thereof, made and adopted by the Planning Commission and which shows the general location and extent of physical facilities, including major streets and main thoroughfares, parks, schools and other public open spaces and public building sites.
   (15)   "Mobile home subdivision" means a subdivision designed and intended for residential use where residence is in mobile homes exclusively, and including a minimum area of five acres.
   (16)   "Mobile home" or "trailer" means any vehicle or similar portable structure so designed or constructed as to permit occupancy for dwelling or sleeping purposes.
   (17)   "Municipality" means the City of East Liverpool, Ohio.
   (18)   "Neighborhood unit" means a neighborhood development as a district adhering to the principle that it should have social homogeneity among its residents and contain its own elementary school, local business district, churches, clubs and recreation area and be bounded, not traversed, by major thoroughfares or major streets as hereinafter defined.
   (19)   "Official map" means the map established by the Planning Commission showing streets, highways and parks theretofore laid out, adopted and established by law and any amendments thereto adopted by the Planning Commission or additions thereto.
   (20)   "Official highway plan" means a plan designating a system of principal or major streets and highways for traffic intercommunication.
   (21)   "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 Regulations.
   (22)   "Performance bond" or "surety bond" means an agreement by a subdivider or developer to the City for the amount of the estimated construction cost, plus twenty percent (See Section 1157.01(a)(1)) guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by the subdivider's agreement.
   (23)   "Planning Commission" or "Commission" means the City Planning Commission of East Liverpool, Ohio.
   (24)   "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.
   (25)   "Preliminary plan" means the preliminary plan, drawing or chart indicating the proposed layout of the subdivision.
   (26)   "Regulations" means these Subdivision Regulations.
   (27)   "Reserves" means parcels of land within a subdivision that are intended for future use.
   (28)   "Reverse frontage" means lots within a subdivision that have frontage on a public street and back to a highway or major street.
   (29)   "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.
   (30)   "Street" means a way for vehicular traffic, whether designated as a street, highway, thoroughfare, parkway, throughway, freeway, road, boulevard, avenue, lane, place or however otherwise designated.
      (a)   "Intercommunity thoroughfare" means:
         1.   An interstate highway or expressway which possesses an extra-wide right of way carrying high traffic volumes of unobstructed, limited- access vehicular movement;
         2.   A limited access highway which intercepts several major streets and may or may not have grade 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 street" means:
         1.   A major street, being a local thoroughfare which carries cross-town traffic from several neighborhoods, thereby servicing several residential collector streets;
         2.   A collector street, being a primary street servicing industrial and commercial areas or the principal street which carries traffic from minor streets to major streets, including the principal entrance streets or residential developments and primary circulation routes within such developments.
         3.   A minor street, being one used primarily for access to abutting properties.
         4.   A marginal access street, being a minor street which is parallel and adjacent to an arterial street and which provides access to abutting properties and protection from major streets or thoroughfares.
         5.   A cul-de-sac or dead-end street, being a minor street with only one outlet.
         6.   An alley, being a minor way which is used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
      (c)   "Street width" means the shortest distance between the lines delineating the right of way of a street.
   (31)   "Subdivider" means any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity commencing proceedings under these Regulations to effect a subdivision of land hereunder for himself or for another.
   (32)   "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, provided that the division or partition of land into parcels of more than five acres not involving any new streets or easements of access, and the sale or exchange of parcels between adjoining lot owners, where such sale or exchange does not create additional building sites, shall be exempted.
      (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.
   (33)   "Vicinity 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 orient the subdivision within the City and the relationship of the site to the community facilities which serve or influence the property.

1153.01 PREAPPLICATION SKETCH SUBMISSION AND APPROVAL.

   (a)   Prior to the filing for tentative approval of the preliminary plat the subdivider shall submit to the Planning Commission a sketch plan.  The purpose of this stage is to discuss early and informally the purpose and effect of these Regulations and to familiarize the developer with the comprehensive plan, the official highway plan, the Zoning Code and other City planning engineering projects, drainage, sewerage, water systems and similar standards, requirements and plans.
   (b)   Within thirty days, the Planning Commission shall inform the subdivider that the plans and data as submitted or as modified do or do not meet the objectives of the Subdivision Regulations, the Zoning Code and the comprehensive plan.  When the Commission finds the proposed development does not meet the objectives of the above, it shall express its reasons therefor.

1153.02 PREAPPLICATION SKETCH FORM AND CONTENTS.

   (a)   Information.  A small scale vicinity map shall show the relationship of the proposed subdivision to existing community facilities which serve or influence it.  It shall also include the following:  the development name and location; names and addresses of adjacent landowners; main traffic arteries; public transportation lines; utility lines; shopping centers; elementary and high schools, parks and playgrounds; principal places of employment; mining and gas and oil wells, active and inactive; other community features such as railroad stations, airports, hospitals and churches; title, scale and north arrow, and date.
   (b)   Access, Drainage and Geology.  No land shall be subdivided unless adequate access to the land over adequate streets or thoroughfares exists or will be provided by the subdivider.  No land shall be subdivided if such land is considered by the Commission to be unsuitable for such use by reason of flooding or improper drainage, objectionable earth and rock formation, topography or any other feature.

1153.03 PRELIMINARY PLAT SUBMISSION, CONTENTS AND APPROVAL.

   (a)   Form.  The preliminary plat shall be clearly and legibly drawn.  The map shall be on one or more sheets twenty-four inches by thirty-six inches or thirty-six inches by forty-eight inches.  All subdivisions of six acres or less shall be drawn at a scale of one inch equals fifty feet.  All subdivisions of over six acres shall be drawn at a scale of one inch equals 100 feet unless otherwise required by the Planning Commission.
   (b)   Map Contents.  The preliminary plat shall contain the following information:
      (1)   Proposed name of the subdivision.  The name shall not duplicate, be the same in spelling or alike in pronunciation with any other recorded subdivision.
      (2)   Location by section, township, range.
      (3)   Names and addresses of the subdivider, owner and professional individual responsible for the preparation of the preliminary plan.
      (4)   Date of survey.
      (5)   Scale of the plan both graphically and numerically, north point and date.
      (6)   Boundaries of the subdivision indicated by a heavy line, with an indication of its acreage.
      (7)   Total acreage.
      (8)   Location; widths and names of existing, platted streets; railroad rights of way; easements; parks; permanent buildings; corporation lines.
      (9)   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.
      (10)   Zoning districts, if any.
      (11)   Existing contours with intervals of not more than five feet where slope exceeds ten percent and not more than two feet where slope is ten percent or less.  Elevations are to be based on sea level datum (USGS).
      (12)   Existing drainage channels, underground facilities, wooded areas, power transmission poles and lines and any other significant items should be shown.  High water elevations are to be shown in vicinities of streams or lakes.
      (13)   Lot lines, approximate dimensions and lot numbers.
      (14)   When lots are located on a curve or when side lot lines are at angles other than ninety degrees, the width at the building line shall be shown.
      (15)   Parcels of land intended to be reserved for public uses or to be reserved by covenant for residents inhabiting the subdivision.
      (16)   Vicinity map.
   (c)   Supplementary Information.  The following supplementary information shall be submitted:
      (1)   A statement of the proposed use of lots, stating the type or residential buildings with the number of proposed dwelling units, or the type of business or industry, so as to reveal the effect of the development on traffic, fire hazards or congestion of population.
      (2)   Proposed covenants and restrictions.
      (3)   Evidence of an adequate source of water supply.
      (4)   A statement outlining the method to be used and the provisions to be made for sewage disposal, drainage and flood control.
      (5)   If any zoning changes are contemplated by the subdivider, the proposed zoning should be outlined and described.
      (6)   After receiving notice of the approval of the preliminary plat and prior to the filing of the final plat, the subdivider shall present to the Commission 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 same to the City Engineer and appropriate health officials 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.
   (d)   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 Regulations.  The preliminary plan shall be considered officially filed on the date 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 on behalf of the Commission.
   (e)   Approval.  The City Planning Commission shall forward copies of the preliminary plan to the City Engineer, to appropriate health officials and to such other officials and agencies as may be properly interested for the purpose of study and recommendation.  After receipt of the report from such officials and agencies, the Planning Commission shall determine whether the preliminary map shall be tentatively 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 and 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 Regulations.

1153.04 FINAL PLAT SUBMISSION, CONTENTS AND APPROVAL.

   (a)   General.  The final plat will have incorporated all changes or modifications required by the City Planning Commission and the City Engineer; otherwise it shall conform to the preliminary plat, and it may constitute only that portion of the approved preliminary plat which the subdivider proposed to record and develop at the time, provided such portion conforms with all requirements of these 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-four by thirty-six inches, or thirty-six by forty-eight inches.  The scale shall be the same as the preliminary plat.  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 and range; 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.  Proof of closure to second order survey shall be submitted.
      (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, chords and chord bearings, 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)   A list of all restrictions and covenants, if any, the developer intends to include in the deeds to the lots in the subdivision.
      (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 dedication of streets and other public areas.
      (14)   Vicinity map.
   (e)   Supplementary Information.  The following supplementary information shall be submitted:
      (1)   If a zoning change is involved, certification from the Council 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 the following:
         A.   That all legally due taxes have been paid.
         B.   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.
   (f)   Plan and Profile.  A plan view of the streets shall be drawn to a scale of one inch equals fifty feet or one inch equals 100 feet.  The scale of one inch equals 100 feet will be used only with the approval of the City Engineer or his representative in advance of the final preparation.  The plan view shall show the proposed road, street or alley alignment, right of way and pavement widths, center lines, bearings, stationing, curve or radius data, existing and proposed drainage.  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 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 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 and the 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. 711.09; 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.
      (2)   The subdivider shall be notified of the final approval of the plat by the Commission.
   (i)   Recording of Final Plat.  After the final plat has been approved by the Planning Commission and the City Engineer 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 Columbiana County, Ohio, as required by law.

1153.05 DEED TRANSFERS.

   (a)   Whenever any transfer of parcels is to be made, as described in Section 1151.05(c), the party or parties desiring to make the transfer shall submit a sketch thereof to the Planning Commission.  If the division conforms to appropriate standards, the responsible official may stamp same "Approved, No Plat Required", and attach his signature, and the appropriate transfer may then be recorded.  A survey and stamping of deed is required in any case.
   (b)   If a lot or parcel of land along an existing public street or road shall be divided without platting in accordance with Ohio R.C. 711.131, then not more than one of the lots resulting from the division may be laid to the rear of another of the lots so as to have no frontage or less than sixty feet of frontage on the public street, but no such lot shall be conveyed without access by right of way to the public street for ingress and egress and utilities.

1154.01 INTENT.

   The purpose of the planned unit development (“PUD)”) district provisions is to provide means of development that is flexible and innovative when development of a site by standard, more rigid, conventional zoning district regulations may produce less efficient use of the land and less amenities and benefits for the community and users of the development. Development under planned unit development provisions provides a means for encouraging ingenuity, imagination and flexibility on the part of landowners, engineers, architects, site planners and developers in the planning and design of land areas. It is not the intent of the planned unit development provisions to allow applicants to circumvent the intent of this Zoning Code or to allow development of land not in conformance with the Land Use Plan of the City.
(Ord. 46, 2015.  Passed 9-8-15.)

1154.02 PUD APPLICABILITY.

   The use of the Planned Unit Development procedures contained in this Chapter are not mandatory for the development of any parcel of land.  The intent and purpose of this process is to administratively encourage an alternative procedure, which maximizes the utilization of land primarily for the benefit, use and enjoyment of the businesses and residents of that area, as well as the existing community.
   Proposals for development shall be developed under PUD district provisions when the Director determines the development proposal exhibits one or more of the following listed characteristics or a characteristic of similar magnitude or nature.
   (a)   The total gross area of the proposed development is ten acres or more in size, except:
      (1)   Detached single-family developments of less than 100 lots submitted for development under R-1, R-2 and R-3 zoning district requirements;
      (2)   Multi-family developments submitted under R-4 zoning district requirements;
      (3)   Developments proposed for A-1 zoned property and all of the uses proposed for the development are permitted by A-1 zoning; or
      (4)   Expansions of existing business and industrial developments with the appropriate zoning designation.
   (b)   The proposed development involves uses permitted by standard zoning districts in accordance with the provisions of Chapter 1101 through 1159 of this code, and such uses are permitted by one or more PUD Districts, and without PUD District Zoning classification the development would normally require the approval of more than one standard zoning district.
      (Ord. 46, 2015.  Passed 9-8-15.)

1154.03 TYPES OF PLANNED UNIT DEVELOPMENT DISTRICTS.

   Types of planned unit development districts include B-PUD (Business Planned Unit Development), MX-PUD (Mixed Use Planned Unit Development), and M-PUD (Industrial Planned Unit Development).  Each PUD District shall govern by the requirements specified for each respective PUD District and the general provisions governing Planned Unit Developments.
(Ord. 46, 2015.  Passed 9-8-15.)

1154.04 GENERAL PROVISIONS GOVERNING PLANNED UNIT DEVELOPMENTS.

   (a)   Definitions and Interpretation.  For the purpose of this chapter, certain terms or words used herein shall be interpreted or defined as follows:
   ACTUAL START OF CONSTRUCTION.  Either the first placement or permanent construction of a structure on a site, such as the pouring of slab footings or the installation of piles.  The following shall not be construed as or be interpreted as constituting the ACTUAL START OF CONSTRUCTION: land preparation, such as clearing, grading and filling; the excavation for a basement, footings, piers, foundations or the erection of temporary forms.
   COMMUNITY.  The physical environs and area located either totally or partially within the boundaries of the City.
   DIRECTOR.  Director of City Planning and/or City Engineer.
   IMPERVIOUS SURFACE.  All surfaces that do not absorb water, including but not limited to roads, sidewalks, parking areas, roofs, and any area paved in concrete, asphalt, or solid pavers.
   INSTITUTIONAL USES.  Colleges, universities, schools with any of first through twelfth grades, seminaries, churches, places of worship, public or governmental libraries, hospitals and medical centers, museums, governmental or public offices and buildings, community centers, indoor recreation centers, cemeteries, or uses of similar character.
   MAIN BUILDING or MAIN STRUCTURE.  A building in which is conducted the main use of the lot where the building is situated and includes areas such as garages, carports, and storage areas that are attached to such building or structure.  Such term shall not include buildings or structures in which accessory uses are conducted.
   MAIN USE.  The principal use or uses to which the premises are devoted and the principal purpose of purposes for which the premises exist.
   OPEN SPACE.  Any area or areas within a development not covered by structures, parking lots, asphalt and/or concrete pavement.  As determined by the Planning Commission, walkways and certain structure that are an integral part of a landscaping and beautification plan for development may be counted as open space.
   PUD.  The Planned Unit Development.
   PUD AGREEMENT.  An agreement, entered into between the City and the developer, intended to assure the completion of certain improvements, either not usually included in a subdivider’s agreement and performance bond or in the absence of a subdivider’s agreement and performance bond, which may not otherwise be completed in a timely and satisfactory manner.  Such improvements may include, but are not limited to, landscaping, roadway improvements, and detention facilities.
   SPECIFIC SITE PLAN.  A detailed development plan for a part of, or all of, a planned unit development indicating the specific proposed locations of structures and signs, parking areas, means of vehicular access and movement, pedestrian walkways, landscaping and open space, lighting plans, buffering and screening devices, utility services, drainage and runoff control systems, and other details required by this chapter.
   SLOPE.  The relationship between the change in elevation of land (rise) and the horizontal distance over which that change in elevation occurs (run).  Slope shall be calculated by dividing the rise by the run, multiplied by 100, and expressed as a percentage.
   SUPPLEMENTARY CONDITIONS.  The Planning Commission or City Council may require conditions that modify or alter proposed PUD zoning classification application or specific site plan applications.
   (b)   Project Control and Ownership.  Planned unit development district designation is intended to apply to development sites that are under single ownership or unified control.  The project land may be owned, leased, or controlled by either one or more persons, partnerships, corporations or other appropriate business associations capable of satisfying the objectives and requirements of the planned unit development district.  The City may require proof of ownership, covenants, easements, and other forms of property rights or control to ensure satisfactory compliance with PUD objectives and requirements.
   (c)   PUD Agreement.  Upon approval of a specific site plan, the City shall require the PUD developer to enter into a PUD agreement with the City, and to furnish a performance bond for the purposes of assuring completion of all requirements for improvements such as landscaping and drainage control facilities and any conditions and safeguards as may be set by the City Council and the adopted ordinance approving the specific PUD development.  At its discretion, the City may accept a letter of credit or other form of performance guarantee and security in lieu of a performance bond.  In all cases the sufficiency and adequacy of such bond, letter of credit or other form of guarantee or security shall be at the sole determination of the City.
   (d)   Utility Requirements.  All initial and all future expanded utility systems within the limits of all planned unit development districts are required to be placed underground.  Utility systems subject to this requirement shall be those that primarily serve the development within the PUD district and shall include, but not be limited to telephone, cable television, and electric systems.  Appurtenances of these systems which can be effectively screened may be excluded from this requirement if the Planning Staff determines that such appurtenances are essential for utility service to other areas of the community and that such exclusion will not violate the intent or character of the proposed planned unit development or any conditions, restrictions or other requirements imposed upon the development.
   (e)   Application Process and Sequence.  Due to the flexible and special character of planned unit development districts and projects, and to assist reviewing authorities in evaluating the merits and making findings of proposed PUD projects, the full PUD approval process generally involves either a two stage review or a single stage/concurrent review.  The applicant may select either the two-stage review process or the single stage/concurrent review process.  Unless the applicant informs the Planning Director at the time of submission of the PUD zoning classification application of selection of the single stage/concurrent review process, the applicant shall be considered to have selected the two stage review process.
      (1)   Two-stage review process.
         A.   First stage.  The first stage of the two-stage PUD review process shall consist of submission of an application for PUD zoning classification in accordance with division (f) of this section and Section 1154.05(a) - (c).  The Planning Commission shall review and make a recommendation on the PUD zoning classification application in accordance with Section 1154.05(d) - (f).  The City Council then, in accordance with Section 1154.05(g) and (h), reviews the PUD zoning classification application and makes a decision to approve as submitted, approve with supplementary conditions or disapprove the application.  Approval of PUD zoning classification constitutes only approval of PUD district zoning for the subject property.  A specific site plan shall be submitted and approved prior to the issuance of a City zoning permit for the subject property.
         B.   Second stage.  Unless the applicant selects the single stage/concurrent review process as per division (i)(2) of this section, the second stage of the two-stage PUD approval process begins at the initiation of the applicant and only if the PUD zoning classification application submitted in the first stage was approved or approved with supplementary conditions by City Council.  The second stage generally consists of submission of a specific site plan for the subject property in accordance with division (f) of this section and Section 1154.06(a), (b), (e) and (f).  An administrative review and recommendation upon the specific site plan application is then conducted by the Planning Commission in accordance with Section 1154.06(g), (h) and (i).  The City Council then, in accordance with Section 1154.06(j) and (k), reviews the specific site plan application and makes an administrative decision to approve the application as submitted, approve with supplementary conditions or disapprove.
      (2)   Single stage/concurrent review process.  At the applicant’s option the first and second stage of the two-stage review process may be combined for a single/stage concurrent review process.  If the applicant elects such option, a PUD zoning classification application and a related specific site plan application, in accordance with Section 1154.05(c) and 1154.06(b) shall be simultaneously submitted by the applicant and both applications shall proceed through a single stage/concurrent review process.  In such case, the Planning Commission shall concurrently review both applications, but shall make a recommendation upon the PUD zoning classification prior to making a recommendation upon the specific site plan application.  The City Council then shall concurrently review both applications, but shall first act upon the PUD zoning classification prior to taking administrative action upon the specific site plan application.
   (f)   Application Completeness and Officially Filed Status.  Planned unit development and specific site plan applications shall not be considered officially filed until the applicant has submitted all applicable filing fees, and submitted to the Planning Department all information as may be required by this Zoning Code.  Completeness of an application and submission of all necessary information is the responsibility of the applicant.  Only after an application is determined by the Director to be complete and officially filed will application review procedures begin.  Applications for specific site plan approval that do not adhere to the substantial conformance requirements of Section 1154.06(e) may be considered to be incomplete, not officially filed, and not subject to City review procedures.
   (g)   Site Arrangement Requirements.  The buildings, circulation, open space, landscaping and other elements of the proposed PUD development shall be arranged, planned and designed on the site to produce:
      (1)   Favorable relationships with the existing natural topography, bodies of water or water courses, existing desirable vegetation, exposure to significant views and exposure to sunlight and wind;
      (2)   Safety, convenience and ease of pedestrian and vehicular movement on,  about and throughout the site and between the site and the community;
      (3)   An overall positive visual quality throughout, into and from the development site;
      (4)   An efficient, functionally organized, and cohesive development; and
      (5)   All areas designed for future expansion or not intended for immediate improvements or development shall be landscaped or otherwise maintained in a neat and orderly manner.
   (h)   Zoning Map Identification.  Areas approved as a planned unit development district will be clearly marked and identified on the zoning map by indicating the specific PUD district upon which approval was granted, either B-PUD, MX-PUD, or M-PUD; followed by the appropriate case number.
   (i)   Multiple PUD Projects.  A proposed PUD project, either voluntary or mandatory, shall be considered a “multiple PUD project” when each individual use proposed for the project is permitted by at least one of the various PUD zoning districts while at the same time all of the proposed uses for the project are not permitted by only one, single PUD zoning district (Example: B-PUD).  A multiple PUD project requires differing PUD district zoning classifications for respective, contiguous portions of the property proposed for development.  When the proposed development is a multiple PUD project the applicant shall file a single PUD zoning application, identifying each specific PUD zoning district, incorporating a functional and general location phasing plan for each individual PUD, a functional and general locational sequencing schedule for the full multiple PUD project, and all other necessary application materials as per Section 1154.05(c).  A multiple PUD differs from an MX-PUD (Section 1154.12) in that the differing uses (such as, residential mixed with commercial) are located in the distinctive appropriate PUD District.
   (j)   Transition of PUD Provisions and Regulations. 
      (1)   Effective date of Sections 1154.01 through 1154.13 revisions.  The provisions and regulations of this Zoning Code pertaining to planned unit developments, Sections 1154.01 through 1154.13, have hereby been established by Ordinance No. 46, 2015.  As used in this section, the effective date of the planned unit development provisions and regulations is the same as the effective date of Ordinance No. 46, 2015.
      (2)   Applications filed prior to effective date.  All PUD applications and all requests to modify, change, amend or alter a PUD that are officially filed shall be governed by the PUD provisions and regulations in effect on the official filing date of the application or request.
      (3)   Applications filed after effective date.  On and after the effective date, all PUD applications and all requests to modify, change or alter a PUD shall be governed by the PUD provisions and regulations in effect at that time.
   (k)   Appeal of Director Determination.  In order to assure that Planning Commission and City Council have all information pertinent to the decision making process contained within this chapter, the Director has been given the responsibility to require additional information as necessary in order for Planning Commission and City Council to make an informed decision.  Any applicant who objects to the provision of additional information may request a determination by Planning Commission at its next regularly scheduled meeting.  No further action shall take place regarding the application and submission until the Planning Commission has rendered its decision, which shall be final. (Ord. 46, 2015.  Passed 9-8-15.)

1154.05 APPROVAL PROCEDURES FOR PLANNED UNIT DEVELOPMENT ZONING CLASSIFICATION.

   (a)   Notice to Applicants.  Notice is hereby provided to all applicants that: The issuance of a City zoning permit for all or any portion of a PUD project requires City Council approval of a specific site plan; and
   (b)   Pre-Application Meeting.  Prior to filing an application for a Planned Unit Development, the applicant or developer shall meet with the Director or the Director’s designee.  The purpose of this meeting is to informally and generally discuss the proposed development and the purpose, criteria and standards of the Planned Unit Development provisions and this code, and to provide the prospective applicant an opportunity to ask questions about PUD requirements and the PUD review and approval process. The applicant shall note that no statement or representation of the Director, the director’s designee or any representative of the City during this pre-application meeting and any subsequent pre-application meetings shall be binding upon the Planning Commission, the City Council or the City.
   (c)   Planned Unit Development Application.  The applicant shall officially file, in accordance with Section 1154.04(f), an application for planned unit development district classification with the Planning Department and shall make payment to the City in an amount equal to the established filing fee application to the PUD application for the proposed development.  The application shall contain an application original and copies of all application materials in a quantity specified by the Planning Department.  The application shall contain, but not be limited to, the following information:
      (1)   Name, address and telephone number of the applicant.  If the applicant is not the sole owner of the subject property the application shall contain the name, address and telephone number of all owners of the property;
      (2)   Each application shall be signed by the applicant, attesting to the truth and exactness of all information supplied on and with the application.  If the applicant is not the owner of the property proposed for PUD zoning classification, the applicant shall submit a current notarized, written statement from the property owner(s) appointing the applicant as the owner’s agent.  The statement shall further acknowledge the owner’s consent to be bound by the application, by any agreement made by the agent, and by all decisions made by the City on this matter;
      (3)   A written and signed “letter of intent” from the applicant establishing the applicant’s intentions as to development of the property, including existing and proposed use(s) of the property, and a detailed description of the common ownership or unified control of the entire property or properties included in the proposed development;
      (4)   A location map of the property at a scale of one inch = 1,000 feet, indicating location and boundary of the proposed PUD, and names of existing streets surrounding the proposed PUD.
      (5)   The current zoning classification of each property included in the proposed development;
      (6)   A written legal description of the property proposed for PUD classification.  If a multiple PUD project is involved, the legal description for each proposed individual PUD shall be provided;
      (7)   A survey of the proposed development site, showing the dimensions and bearings of the property lines, area in acres, topography showing contours by two-foot intervals, existing natural and man-made features of the development site, including major wooded areas, floodplains and wetland areas, structures, streets, easements, utility lines and current land use.  If a multiple PUD project is involved, the applicant shall provide the dimensions and bearings, and acreage for each proposed individual PUD zoning district;
      (8)   A location map showing the area proposed for PUD zoning classification and all properties within 500 feet from the exterior boundaries of the area proposed for PUD zoning.  The applicant shall provide a list of the names and addresses of all owners of properties within 200 feet from the exterior boundaries of the area proposed for PUD zoning.  The names and addresses of property owners shall be those available from the Columbiana County Auditor’s office and current within 14 days prior to submission of PUD zoning classification application to the Planning Department.  If the review and approval process of the application is substantially delayed, the Director may require the applicant to submit an updated list of names and addresses of owners of such properties;
      (9)   At a scale suitable for public meeting presentation purposes (preferred approximate scale of one-inch = 200 feet), sketch plans and development concepts regarding land use, types of residential development, generalized location of various land uses, generalized street access and vehicular circulation pattern, proposed setback from surrounding properties and general concepts for screening and buffering, generalized type and location of proposed recreational or open space areas and facilities, and conceptional layout and arrangement of the property.  The applicant may indicate proposed building locations.  The applicant shall furnish an 8 ½' x 11" transparency of this information suitable for projection by use of an overhead transparency projector onto a viewing screen, as well as an electronic formatted copy suitable for PowerPoint presentation.
      (10)   Evidence of availability of water supply and sanitary sewer service;
      (11)   Estimated vehicular traffic volume generated by the proposed development  and proposed street improvements;
      (12)   An estimated time schedule, including proposed starting and completion dates, indicating the timing and generalized location of development of generalized land use and functional areas, various phases of the project, and improvements to be constructed.  If a multiple PUD project is involved, the sequencing, timing and functional relationship between each proposed individual PUD shall be provided;
   (13)   If a B-PUD, MX-PUD, or M-PUD is proposed, a listing, by individual PUD phase, and if applicable, by multiple PUD sequence, indicating the coverage or percent of total land area covered by buildings and all other impervious surfaces.  If some other PUD classification is proposed, a listing, by individual PUD phase, indicating the percent of the total proposed area of open space to be provided;
      (14)   A listing of intended uses of the proposed PUD and the corresponding type of PUD Zoning District (B-PUD, MX-PUD, and M-PUD) in which each listed use is identified as permitted or accessory;
      (15)   A listing of any intended uses which may require a special use application; a listing of any intended uses not identified as a permitted or accessory use in any type of PUD zoning district; and a listing of any intended uses which may require a determination of similarity of use.  If any such list is submitted, the applicant shall meet and further confer with the Director regarding the provisions of Section 1154.09(a) and (b);
      (16)   A schedule and listing of the total proposed square footage of buildings for each proposed PUD, and if applicable, also for the total multiple PUD project. 
      (17)   Any additional information as may be required by the Director with 15 days of the date of submission.
      (18)   When any applications to the City for some permit, certificate or approval involves submission of technical information by the applicant, it is recognized that the City may need to incur expenses for the services of engineers or other experts to evaluate such technical data. As a condition of the City agreeing to consider any such application, the applicant must agree to reimburse the City at once for any such expenses.  That reimbursement must be received by the City before any such permit, certificate or approval is issued.
   (19)   A condition of the City agreeing to consider any application for a permit, certificate or approval shall be that the applicant must pay the cost of publishing any newspaper notice of any public hearings on the application, and of any ordinance that grants the application in whole or in part.  Similarly, the applicant must agree to reimburse the City for any postage expense of mailing notices of the proceedings.
   (d)   Planning Commission Public Hearing and Notice.  Notwithstanding Chapter 1109 of the Codified Ordinances, the Planning Commission shall hold a public hearing on an officially filed planned unit development zoning application within 45 days after the application’s official filing date.  Before holding such public hearing, notice of the hearing shall be given in accordance with Section 1109.02(c) of the Codified Ordinances.  Notwithstanding Section 1109.02(d) of the Codified Ordinances, notice shall also be provided by certified mail at least 20 days prior to the date of the hearing, and such notice shall be deemed given on the date of mailing. Mailed notices shall be provided to all owners of property within 200 feet from the exterior boundaries of the area proposed for PUD zoning classification.  Mailed, newspaper publication and any forms of notice utilized in lieu of mailed notice shall set forth the time and place of the public hearing and the nature of the proposed development.  The failure to deliver the notice as provided in this section shall not invalidate the public hearing or any decision on the application.
   (e)   Planning Commission Review and Recommendation of PUD Application.  After a planned unit development application has been determined to be officially filed in accordance with Section 1154.04(f), the Planning Commission shall review and study the application and any accompanying materials.  In the course of its study the Commission may confer with other agencies of government, request additional information or clarification from the applicant, and request additional study and comments from the Planning Department staff.  Within 30 days after completion of the public hearing required in division (d) of this section, the Planning Commission shall, by resolution, recommend to the City Council that the request for planned unit development zoning classification be approved as presented, or approved with supplementary conditions or modifications, or disapproved.  The Commission shall then transmit to the City Council all papers constituting the record and the resolution containing the Commission’s recommendation.  If the Commission recommends approval with supplementary conditions, such conditions shall be fully expressed in the recommendation resolution.  Any normally permitted or accessory use that is recommended to be excluded from the specific planned unit development shall be fully identified and expressed in the Commission’s resolution and based upon findings in accordance with Sections 1154.11(b), 1154.12(b) and 1154.13(b).  If the Planning Commission determines, in order to conduct a sufficient review and make its recommendation, that additional information is required from the applicant or additional study is required, the Commission may table consideration of the application until such additional information is received by the Commission or the Commission’s study is complete.
   (f)   Criteria for Planning Commission Recommendation. Before making a recommendation for approval or approval with supplementary conditions or modifications, as per division (e) of this section, the Planning Commission shall find that the facts submitted with the application and presented at the public hearing, and any modifications, amendments or supplementary conditions, satisfy the standards and criteria for planned unit development approval as per division (i) of this section.
   (g)   City Council Public Hearing and Notice.  Within ten days after the receipt of the Planning Commission recommendation and resolution, the Clerk of City Council shall set a date for a City Council public hearing and such hearing, notwithstanding Section 1109.02(f) of this  code, shall be held as soon as reasonably possible thereafter.  Before holding such public hearing, notice of the hearing shall be given in accordance with Section 1109.02(f) of this code.  Notwithstanding Section 1109.02(g) of this code, notice shall also be provided by certified mail at least 20 days prior to the date of the hearing, and such notice shall be deemed given on the date of mailing.  Mailed notices shall be provided to all owners of property within 200 feet from the exterior boundaries of the area proposed for PUD zoning classification.  Mailed, newspaper publication and any forms of notice utilized in lieu of mailed notice shall set forth the time and place of the public hearing and the nature of the proposed development.  The failure to deliver the notice as provided in this section shall not invalidate the pubic hearing or any decision on the application.
   (h)   Action by City Council.  Within 30 days after completion of the public hearing as required in division (g) of this section, the Council shall, by an affirmative vote of at least four of its members, either deny the recommendation of the Planning Commission or introduce and hold the first reading of an ordinance adopting or modifying such recommendation.  Following the second reading of the ordinance, a planned unit development zoning classification request shall be approved, approved with supplementary conditions, or disapproved at least four members of City Council.  In the event the City Council approves the planned unit development, with or without supplementary conditions, the Council shall find, by ordinance, that the facts submitted with the application and presented at the public hearing, and any modifications, amendments or supplementary conditions satisfy the standards and criteria for planned unit development approval as per division (i) of this section.  If City Council approves the Planned Unit Development zoning classification , the approval ordinance shall fully set forth any and all supplementary conditions for approval, and all standard district permitted or accessory uses excluded from the specific planned unit development shall be fully expressed in the approval ordinance and based upon findings in accordance with Sections 1154.11(b) and (c), and 1154.12(b).  If the City Council determines in order to conduct a sufficient review and make its recommendation that additional information is required from the applicant or additional study is required, the Council may table consideration of the application until such additional information is received by the Council or the Council’s study is complete.  Any decision rendered by City Council shall be completed within 60 days from the Planning Commission’s recommendation.
   (i)   Standards and Criteria for Planned Unit Development Zoning Approval.  A planned unit development zoning classification shall only be approved when the following standards and criteria are satisfied.
      (1)   The Planned unit development complies with the purpose and intent of this Zoning Code;
      (2)   The proposed development promotes the health, safety and general welfare of the present and future inhabitants of the City;
      (3)   The proposed zoning and the conditions and requirements incorporated within the ordinance approving the PUD zoning district provide for minimizing impacts on the surrounding development;
      (4)   The site will be accessible from current or planned public thoroughfares adequate to carry traffic which will be imposed upon them by the proposed development;
      (5)   Potential impacts on public services and facilities can be mitigated by site and building design and the benefits which will accrue to the City and the public;
      (6)   Existing and proposed utility services for the proposed residential population densities and nonresidential uses are or will be available to the project;
      (7)   The proposed development complies with applicable requirements and conditions of Section 1154.04;
      (8)   Each individual section or sub-area of the development, as well as the total development, can exist as a functionally independent environment.  In the alternative and at the discretion of the City, adequate assurance has been provided by the applicant and to the satisfaction of the City that such objective will be achieved;
      (9)   Any permitted, special, or accessory uses excluded from the specific proposed planned unit development are based upon findings in accordance with Sections 1154.11(b), 1154.12(b), and 1154.13(b); and
      (10)   The planned unit development can be substantially completed within the time specified in the schedule of development submitted by the applicant.
         (Ord. 46, 2015.  Passed 9-8-15.)

1154.06 APPROVAL PROCEDURES FOR SPECIFIC SITE PLAN.

   (a)   Notice to Applicants.  Notice is hereby provided to all applicants that:
      (1)   Approval of PUD zoning classification shall not be deemed approval of a specific site plan or approval of a zoning permit;
      (2)   The issuance of a City zoning permit for all or any portion of a PUD project requires City Council approval of a specific site plan; and
      (3)   In accordance with divisions (c) and (d) of this section, unless an extended approval period is granted by City Council, approval of any specific site plan shall expire if actual construction has not been completed in either phases or its entirety in the area of approval for the respective specific site plan within five years from the effective date of City Council approval of the plan.  In accordance with Section 1154.04(f), the specific site plan shall proceed through the review and approval process as per divisions (g) - (k) of this section, and shall be approved by City Council.  The applicant shall submit a specific site plan application only after the subject property has been granted PUD zoning classification approval; however, an applicant may elect to submit the specific site plan application at the same time as submission of PUD zoning classification application.  If the applicant elects such option, a PUD zoning classification application, as per Section 1154.05(c), and a related specific site plan application, as per division (d) of this section, shall be simultaneously submitted by the applicant and reviewed concurrently by the City as per Section 1154.04(f).  All specific site plan applications shall incorporate a minimum area of five acres (phasing).  In cases in which the total gross area of the property approved for PUD zoning classification is less than five acres, the specific site plan shall incorporate 100% of the PUD property.  In all cases the area incorporated in a specific site plan shall be contiguous.
   (b)   Expiration of Specific Site Plan Approval.  Unless an extended approval period is granted in accordance with division (c) of this section, approval or approval with supplementary conditions of any specific site plan shall expire if, in the judgment and determination of the City, the actual completion of construction has not been completed in either phases or its entirety in the approved area of the respective specific site plan within five years from the effective date of City Council approval of the respective plan.  In the event of expiration of an approved specific site plan, the applicant shall start afresh, submit a specific site plan application in accordance with Section 1154.04(f) and division (d) of this section, and the application shall proceed through the review and approval process as per divisions (g) - (k) of this section.
   (c)   Extension of Specific Site Plan Approval Period.  Upon request by the owner, a one-time only, administrative extension of the five-year approval period for a specific site plan may be granted by the City Council.  In the event such an extension is granted the period of extension shall not exceed two years.  The owner shall submit a written request for an extended site plan approval period to the Director.  The written request shall be submitted no sooner than nine months prior to, but no later than 90 days prior to the expiration date of the approved specific site plan which is the subject of the request for approval period extension.  The written request shall include the necessity for the extension; submission of documentation and evidence that the owner has made a reasonable effort to begin the actual start or completion of construction; the reason(s) why construction has not actually started or been completed to date and will not start prior to expiration of the specific site plan; the requested length of time to extend the specific site plan approval (not to exceed two years); a description of the impact and major effects upon the full PUD project if the requested extension is not approved; a description of the major effects upon the full PUD project if the requested extension is approved, including changes in phasing or staging plans; and a revised time schedule showing the date when construction will actually start for the area of the specific site plan and, if applicable, the remaining areas of the complete PUD project.  Within 30 days from the Director’s receipt of the owner’s written request the Director shall forward the owner’s request and the Director’s comments and recommendation to the City Council.  Within 30 days after City Council receives the request and the Director’s comments and recommendations, the Council shall take administrative action upon the request.  The City Council shall, by resolution and administrative action, deny the request for extension, approve the request for extension as submitted, or approve the request for extension for a lesser period of time than requested by the owner.  Any extension of approval period for a specific site plan shall become effective and begin to run on the date of Council approval of such extension.  Council shall approve an extended approval period for a specific site plan only when the following conditions are satisfied:
      (1)   The owner has submitted a written request for an extended approval period for the specific site plan;
      (2)   The subject property concurrently has a PUD zoning classification;
      (3)   The approval period for the specific site plan has not been previously extended by City Council;
      (4)   An extension of approval period for the specific site plan will not cause the City to breach any PUD agreement made with the owner;
      (5)   The owner, in the judgment of the Council, has taken reasonable steps and made reasonable efforts to actually start or complete construction;
      (6)   An extended approval period for the specific site plan will not violate the purpose and intent of Sections 1154.01 through 1154.13 and this Zoning Code;
      (7)   An extended approval period for the specific site plan promotes the health, safety and general welfare of the present and future inhabitants of the City; and
      (8)   The period of extension for the specific site plan does not exceed two years.
   (d)   Specific Site Plan Application. The applicant shall, in accordance with Section 1154.04(f), officially file an application for a specific site plan with the Planning Department, and shall make payment to the City in an amount equal to the established filing fee applicable to the specific site plan application for the proposed development.  As per division (e) of this section, the specific site plan shall substantially conform to the PUD zoning plans, concepts, schedules, development information and conditions as approved or as approved with conditions by City Council.  The application shall contain an original application and copies of all required application materials in a quantity specified by the Planning Department.  The application shall contain, but not be limited to, the following information:
      (1)   Name, address and telephone number of the applicant.  If the applicant is not the sole owner of the subject property the application shall contain the name, address and telephone number of all owners of the property;
      (2)   Each application shall be signed by the applicant, attesting to the truth and exactness of all information supplied on and with the application.  If the applicant is not the owner of the property proposed for the specific site plan, the applicant shall submit a current notarized, written statement from the property owner(s) appointing the applicant as the owner’s agent.  The statement shall further acknowledge the owner’s consent to be bound by the application, by any agreement made by the agent, and by all decisions made by the City on this matter;
      (3)   The legal description of the property incorporated in the proposed specific site plan;
      (4)   A location map showing the area proposed for specific site plan approval and all properties within 500 feet from the exterior boundaries of the PUD zoning property which contains the area proposed for specific site plan approval.  The applicant shall provide a list of the names and addresses of all owners of properties within 200 feet from the exterior boundaries of the area proposed for PUD zoning.  The names and addresses of property owners shall be those available from the Montgomery County Auditor’s Office and current within 14 days prior to submission of specific site plan application to the Planning Department.  If the review and approval process of the application is substantially delayed, the Director may require the applicant to submit an updated list of names and addresses of owners of such properties;
      (5)   A detailed site plan at a scale no smaller than one-inch equals 100 feet, showing, at minimum, the location, outline and use of all structures, all proposed public rights-of-way, access easements, vehicular streets and parking areas, pedestrian walkways and paths, and bikeways, any proposed recreation facilities and areas, and any sites for public facilities.  If the proposed project is a multiple PUD project, the detailed site plan may incorporate portions of individual PUD’s that compose the multiple PUD.  The applicant shall furnish 8 ½" X 11" transparency of this information suitable for projection by use of an overhead transparency projector onto a viewing screen, as well as an electronic formatted copy suitable for PowerPoint presentation.
      (6)   All proposed vehicular parking areas shall be shown by total number of spaces, setbacks from structures and lot lines, dimensions of each parking space, location and dimensions of handicapped parking spaces, access aisles, points of ingress and egress, and landscaped areas.  Fire lanes and location of “Fire Lane - No Parking” signs shall be shown;
      (7)   The dimensions, height, gross floor area, entrances and setbacks of all structures;
      (8)   The principal type of use, gross leasable floor area and entrances for all proposed business, office, industrial and nonresidential structures;
      (9)   Right-of-way width and street names for all proposed public and private streets and rights-of-way;
      (10)   A map with contour intervals of two feet which shows the proposed final topography of the development site;
      (11)   Engineering studies and plans showing, to the extent determined appropriate by the City, street improvements, nature and extent of earth work required for site preparation and development, location and size of water, sanitary sewer and storm drainage control systems, and waste disposal systems;
      (12)   Location of fire hydrants and any fire connections to buildings;
      (13)   Any proposed street widening improvements and turn lane improvements adjacent to the project area;
      (14)   Lighting plans showing location and type of all proposed external lighting of parking, building and landscaped areas, streets and accessways;
      (15)   The amount of open space and its percentage of developed areas for each phase of development;
      (16)   When a planned unit development includes provisions for common open space, access easements, recreational facilities, or drainage control facilities, a statement describing the provisions for the care and maintenance thereof is required.  If it is proposed that such open space or facilities be owned and/or maintained by an entity other than a governmental authority, copies of proposed documents assuring maintenance and care and covenants running with the land shall be submitted.  If it is proposed that such open space or facilities shall be owned and maintained by a governmental entity, a copy of its acceptance shall be filed in conjunction with this application; and
      (17)   Any additional information that may be required by the Director within 15 days of the date of submission.
   (e)   Specific Site Plan Conformance with Approved PUD.
      (1)   An officially filed specific site plan shall substantially conform to the PUD zoning plans, concepts, schedules and development information as approved by City Council.  If the Director or the Planning Commission determines that the officially filed specific site plan does not substantially conform, the applicant may either modify the specific site plan to the extent necessary for substantial conformance and resubmit for review, or start afresh and submit a new specific site plan for review, or apply for an amendment to the PUD zoning classification ordinance.  Notwithstanding Section 1154.04(f), a submitted specific site plan shall not be considered officially filed if the Director determines prior to Planning Commission review that the submitted specific site plan does not adhere to the substantial conformance requirement.
      (2)   At the discretion of the Planning Commission, a submitted specific site plan that contains modifications to the plans, concepts, schedules and development information as approved by City Council, may be determined to substantially conform.  In no event shall a specific site plan be determined to substantially conform if the specific site plan involves changes in permitted uses as per Section 1154.08, or changes which result in exceeding any limitation or any maximum amount imposed by an ordinance originally granting or amending the PUD zoning classification for the subject property.
   (f)   Planning Commission Public Hearing and Notice.  The Planning Commission shall hold a public hearing on an officially filed specific site plan application within 30 days after the application’s official filing date.  Before holding such hearing, notice of the hearing shall be given in accordance with Section 1109.02(c) of the Codified Ordinances.  Notwithstanding Section 1109.02(c) of the Codified Ordinances, notice shall also be provided by certified mail at least 20 days prior to the date of the hearing, and such notice shall be deemed given on the date of mailing.  Mailed notices shall be given to all owners of property located within 200 feet from the exterior boundaries of the PUD zoning property which contains the area proposed for specific site plan approval.  Mailed, newspaper publication and any forms of notice utilized in lieu of mailed notice shall set forth the time and place of the public hearing and the nature of the proposed specific site plan.  The failure to deliver the notice as provided in this section shall not invalidate the public hearing or any decision on the application.
   (g)   Recommendation by Planning Commission.  Within 30 days after completion of the public hearing required in division (f) of this section, the Planning Commission shall take administrative action and, by resolution, recommend to the City Council that the submitted specific site plan be approved as presented, or approved with supplementary conditions or modification, or disapproved.  The Commission shall then transmit all papers constituting the record and the resolution containing the Commission’s recommendation to the Council.  All resolutions for specific site plan recommendations to City Council shall indicate the Commission is taking administrative action, and if the Commission’s recommendation is for approval with supplementary conditions, the resolution shall fully express such conditions.  If the Planning Commission determines in order to conduct a sufficient review and make its recommendation that additional information is required from the applicant or additional study is required, the Commission may table consideration of the application until such additional information is received by the Commission or the Commission’s study is complete.
   (h)   Criteria for Planning Commission Recommendation.  Before making a recommendation for approval or approval with supplementary conditions in accordance with division (g) of this section, the Planning Commission shall find, by resolution, that the facts submitted with the specific site plan application and presented at the public hearing, and any modifications, amendments or supplementary conditions, satisfy the standards and criteria for specific site plan approval as per division (k) of this section.
   (i)   City Council Public Hearing and Action.  Within ten days after the receipt of the Planning Commission recommendation, the Clerk of the City Council shall set a date for a public hearing and such hearing, notwithstanding Section 1109.02(f) of the Codified Ordinances, shall be held as soon as reasonably possible thereafter, not to exceed sixty (60) days from the date of the original Planning Commission recommendation.  The public hearing shall be for the purposes of taking administrative action on the proposed specific site plan.  Following the schedule hearing the City Council shall, by motion, approve, approve with supplementary conditions, or disapprove the proposed specific site plan.  Approval of such motion requires a vote of at least four members of the Council.  If the Council approves the specific site plan with supplementary conditions, the motion for approval shall fully set forth such conditions and be fully recorded in the meeting minutes.  As the basis for City Council approval of a specific site plan, with or without supplementary conditions, Council shall find that the facts submitted with the application and any accompanying materials, and any modifications, amendments or supplementary conditions satisfy the standards and criteria for specific site plan approval as per division (k) of this section.  If the standards and criteria of division (1) of this section are not satisfied, Council shall disapprove the specific site plan and shall make findings of fact indicating which particular standards and criteria are not satisfied.  If the City Council determines in order to conduct a sufficient review and make it decision that additional information is required from the applicant or additional study is required, the Council may table consideration of the application until such additional information is received by the Council or the Council’s study is complete.  Any decision rendered by City Council shall be completed within 60 days from the Planning Commission’s recommendation.
   (j)   Notice of City Council Public Hearing.  Before holding the public hearing specified in division (i) of this section, notice shall be provided in accordance with Section 1109.02(f) of this code.  Notwithstanding Section 1109.02(g) of this code, notice shall also be provided by certified mail at least 20 days prior to the date of the hearing, and such notice shall be deemed given on the date of mailing.  Mailed notices shall be provided to all owners of property within 200 feet from the exterior boundaries of the PUD zoning property which contains the area proposed for specific site plan approval.  Mailed, newspaper, and any forms of notice utilized in lieu of mailed notice shall set forth the time and place of the public hearing and the nature of the proposed specific site plan.  The failure to deliver the notice as provided in this section shall not invalidate the public hearing or any decision on the application.
   (k)   Standards and Criterial for Specific Site Plan Approval.  A specific site plan shall only be approved when the following standards and criteria are satisfied.
      (1)   The specific site plan complies with the purpose and intent of this Zoning Code and the Planned Unit Development designation;
      (2)   The proposed development carries out the purpose and intent of the City land use plan;
      (3)   The proposed development promotes the health, safety and general welfare of the present and future inhabitants of the City;
      (4)   The specific site plan substantially complies with the substantial conformance requirement of division (e);
      (5)   The proposed development has no significant detrimental impact that outweighs the development’s benefits to the community;
      (6)   The proposed streets and driveways on the site of the proposed development will be adequate to serve the residents, occupants or users of the proposed development, and the specific site plan, along with any necessary off-site vehicular circulation improvements, provides adequate vehicular ingress and egress and will be accessible from current or planned public thoroughfares adequate to carry traffic which will be imposed upon them by the proposed development;
      (7)   The proposed development minimizes conflicts between vehicular, pedestrian and bicycle circulation patterns and movement;
      (8)   The benefits of the proposed development mitigate any burden on public services and facilities, including fire and police protection;
      (9)   Existing and proposed utility services for the projected demand during all phases of development and at full completion of development;
      (10)   The proposed development complies with applicable requirements and conditions of Section 1154.04;
      (11)   Each individual section, phase or sub area of the development, as well as the total development, can exist as a functionally independent environment.  In the alternative and at the discretion of the City, adequate assurance has been provided by the applicant and to the satisfaction of the City that such objective will be achieved;
      (12)   The design and other amenities incorporated in the proposed development will provide increased benefits to the residents, occupants, users and the community and such design and other amenities are in accord with the planned unit development provisions of this Zoning Code and other applicable ordinances of the City; and
      (13)   The proposed development contains such covenants, easements, and other such forms of property rights and control as may reasonably be required for the maintenance and care of common, private facilities and for the public health, safety and welfare.  If governmental ownership of common open space, recreational facilities, or other common facilities is planned, a copy of its acceptance must be filed with the application.
         (Ord. 46, 2015.  Passed 9-8-15.)

1154.07 PLANNED UNIT DEVELOPMENT OBLIGATIONS ARE BINDING AND ENFORCEABLE CONDITIONS.

   If any portion of property included in a planned unit development is sold or leased, the PUD zoning classification and specific site plan obligations shall continue to be binding upon all subsequent owners or lessees, regardless of the acreage involved in the sale or lease.  As a matter of procedure, all terms and conditions of any planned unit development zoning classification and specific site plan that were approved by the City Council in the past or may be approved in the future shall remain binding upon and enforceable against the subject tract of land, except to the extent modified in accordance with Section 1154.10(a) through (c).
(Ord. 46, 2015.  Passed 9-8-15.)

1154.08 MODIFICATIONS TO PUD PERMITTED USES.

   The permitted uses for an approved PUD development include all uses identified as permitted and accessory uses for the type of PUD district under which the PUD development was approved, except those uses expressly identified as excluded uses in the ordinance granting PUD zoning approval for the subject property (Example: The permitted uses for an approved B-PUD development include all uses permitted in the B-PUD District, except any uses listed as excluded uses in the ordinance which granted B-PUD zoning for the property on which the development is located).  Upon PUD zoning approval, an applicant is not required to develop all uses permitted for the applicant’s specific PUD development; however, an applicant shall only develop those uses permitted for the specific PUD development.  Any request to modify or change the permitted uses of a specific PUD development, as such uses are identified in Section 1154.11(b), 1154.12(b) and 1154.13(b) and as may be conditioned by the original ordinance granting PUD zoning classification for the subject property, requires an amendment to such ordinance.  Upon a request to modify or change the permitted uses for a specific PUD, the City, at its discretion, shall require the applicant to either submit a new, full application in accordance with Section 1154.05(c), or submit a modified PUD zoning application, or submit supplementary materials to accompany the original PUD zoning application materials.  In all cases, proposed amendments to the original zoning ordinance shall be subject to review and approval procedures in accordance with Section 1154.05(d) - (i).  (Ord. 46, 2015.  Passed 9-8-15.)

1154.09 SIMILARITY OF USES AND SPECIAL USES.

   (a)   Similarity of Uses.  The Planning Commission shall have the appropriate power and duty to determine if uses not specifically mentioned in this Zoning Code are similar to uses permitted in planned unit development districts.  In no event shall a determination of similarity of use by the Planning Commission overrule a City Council determination of exclusion of uses from a specific PUD, and the ordinance originally granting or amending PUD zoning classification shall govern.  If a PUD zoning classification application includes a list of intended uses, which requires a determination of similarity, the Planning Commission shall make such determination at the time of its review and recommendation on the PUD zoning application.
   (b)   PUD Special Uses.  City Council shall have the appropriate power and duty to hear and decide upon applications for special uses, which are requested to be approved uses within a PUD.  The Planning Commission shall make a recommendation of approval, denial, or approval with conditions for PUD special use applications.  After receipt and consideration of the Commission recommendation, the Council shall approve, deny or approve with conditions the special use application.  In approving the PUD special use application, the Council may attach appropriate conditions and safeguards in conformity with the provisions of this Zoning Code and the Commission’s recommendation.  Approval of a special use application shall expire one year after the effective date of the City Council approval, unless actual construction has started for the special use.
(Ord. 46, 2015.  Passed 9-8-15.)

1154.10 MODIFICATIONS TO APPROVED SPECIFIC SITE PLANS.

   Requests to modify an approved specific site plan, when such requested modification does not involve a change of permitted uses for the specific PUD, may be approved by administrative action.  Requests to modify shall be in writing and signed by the property owner.  The Director shall determine the type and amount of any additional information necessary for consideration of the modification.  Modifications shall be considered major, minor or incidental, and shall be approved or disapproved by administrative action in accordance with divisions (a), (b) and (c) of this section.  Requests to modify an approved specific site plan which involve a change of PUD  permitted uses shall be considered a modification to PUD permitted uses and shall comply with Section 1154.08.
   (a)   Major Modifications.  Major modifications are defined as modifications which do not change the PUD’s permitted uses and do not exceed any of the limitations and conditions of the PUD’s approval ordinance, and which result in an increase of 5% or more in building coverage; a 5% or greater increase in dwelling unit density; a  significant redesign of roadways, or drainage; an increase of greater than five feet in the height of a non-related building structure; major design or a building which significantly alters the central architectural design or theme of the building; or modifications not considered to be of minor or incidental character.  Major modifications to an approved specific site plan require resubmission of a specific site plan application in accordance with Section 1154.06(d).  At its discretion and in lieu of compliance with Section 1154.06(d), the Planning Commission may require the applicant to either submit a modified application or submit supplementary materials to accompany the original specific site plan application materials.  In all cases major modifications to approved specific site plans shall be subject to review and approval procedures in accordance with Section 1154.06(f) thru (k).
   (b)   Minor Modifications.  Minor modifications are defined as modifications which doe not change the PUD’s permitted uses and do not exceed any of the limitations and conditions of the PUD’s approval ordinance, and which result in an increase of less than 5% in building coverage; changes not exceeding 25 feet in building location not affecting front yard setbacks from streets or setbacks from exterior property lines of the PUD; an increase of more than two feet but less than five feet in the height of any non-related building structure; minor redesign of a building such as significant alterations to exterior materials or colors provided the redesign does not significantly alter the central architectural design or theme of th building; or changes not considered to be of major or incidental modification character.  The Planning Commission shall, by motion, approve or disapprove minor modifications to approved specific site plans.  Such approval shall be based on Commission determination that the modifications are not in conflict with the intent and character of the approved specific site plan and such modifications do not change the permitted uses for the specific PUD.  Minor modifications do not require a public hearing and Planning Commission’s decision shall be final.
   (c)   Incidental Modifications.  Incidental modifications are defined as modifications which do not change the PUD’s permitted uses and do not exceed any of the limitations and conditions of the PUD’s approval ordinance, and which result in less building coverage due to decreasing the size of structures; a decrease in the number of structures; a decrease in the number of dwelling units in a MX-PUD; minor redesign of PUD streets, such as adjustments in a turning radius; minor redesign, such as a realignment, of pedestrian circulation facilities or parking or loading areas; changes in landscaping or screening materials that do not alter the intended function of the landscaping or screening; an increase of two feet or less in the height of a building or structure; minor revisions of building elevations such a realignment of major building entrances or window placement, or significant alterations to exterior building materials or colors, provided the revisions do not alter the central design or architectural theme of a building; or changes not considered to be of minor or major modification character.  The Director shall approve or disapprove incidental modifications to approved specific site plans.  Such approval shall be based on the Director’s determination that the modifications are not in conflict with the intent and character of the approved specific site plan and such modifications do not change the permitted uses for the specific PUD.  In the alternative and at the discretion of the Director, the Director may request that  incidental modifications be approved by the Planning Commission.
      (Ord. 46, 2015.  Passed 9-8-15.)

1154.11 B-PUD COMMERCIAL PLANNED UNIT DEVELOPMENT DISTRICTS.

   (a)   Purpose.  This district is intended to provide for the development of business, office and commercial establishments within a unified commercial area and plan of development.  Within this district, business, office and commercial establishments can be flexibly located to achieve compatible exterior physical design, to utilize the site more efficiently than allowed by standard zoning regulations, to take advantage of natural features of the site, to achieve a higher degree of pedestrian and vehicular separation, to eliminate undesirable features of strip commercial development, to reduce vehicular traffic conflicts within the site and with public rights-of-way, and to enhance compatibility of the development with its surroundings.
   (b)   B-PUD Permitted and Special Uses.
      (1)   The following listed uses are included as permitted and accessory uses in the B-PUD Zoning District: convention, conference and banquet facilities; and those uses included as permitted and accessory uses in the B-1, B-2, zoning districts.  One or more of these permitted and accessory uses may be excluded from the specific B-PUD when the City Council determines that the specific permitted or accessory use is inappropriate for the specific B-PUD development.  Such exclusion(s) shall be based upon at least one of the following findings that the specific excluded use:
         A.   Cannot be serviced by adequate public utilities; or presents the potential for significant environmental damage and a satisfactory plan of mitigation has not been provided by the applicant; or is inconsistent with the overall character and other uses of the proposed PUD; or is inappropriate for the topography of the site; or is incompatible with surrounding legal land uses or other approved land uses; or is inconsistent with the City’s land use plan or other approved plans of the City; or will create hazardous traffic conditions; or will impose an unmitigated burden on public services and facilities, such as fire and police protection; and
         B.   Will not promote the purpose and objectives of the planned unit development provisions of this code; and
         C.   Does not advance the general welfare of the community and the immediate vicinity and will adversely affect or impact adjoining or surrounding development without satisfactory mitigation measures.
      (2)   Upon approval by City Council in accordance with Section 1154.09(b) and the issuance of a special use permit, those uses included as special uses in the following listed zoning districts are allowed in a B-PUD: B1, and B2.
   (c)   Land Use Intensity.  For B-PUD developments, the maximum land use intensity and lot coverage by all buildings and by buildings and all other impervious surfaces is as follows:
         Maximum Coverage by All Buildings: 35%
         Maximum Cover by All Buildings and Impervious Surfaces: 75%
   (d)   Building Height.  The maximum height of any building in a B-PUD District shall be 50 feet, except, at the discretion of the City Council, the maximum height may be increased which such increase is determined to improve site design and the overall aesthetic quality of the development, does not adversely affect surrounding neighborhoods and public facilities, does not obscure light and air sources to immediately surrounding structures, and satisfies applicable fire and safety regulations.
   (e)   (1)   Requirements for Screening, Accessory Parking, and Loading and Unloading Areas.  All screening and buffering shall meet the requirements of Section 1127.02(a), accessory parking and shall meet the requirements of Section 1127.08-12, and loading and unloading areas shall meet the requirements of Section 1127.03-07.  Upon approval of the City Council, any of these requirements may be modified, provided that such modification will increase benefits to the community that are derived from development, will improve site design, will not adversely affect surrounding neighborhoods and public facilities, and the purpose of such modification is not to circumvent the intent of the respective section.
      (2)   Any commercial development proposed to be located within 1,000 feet of any existing or proposed residential district or project shall present and implement plans for providing a barrier from noise generated by the activities of the commercial development.  These activities include but are not limited to loading dock and delivery activities, truck movements, idling and parking, waste collection, compactor or shredding activities; roof mounted and ground mounted mechanical equipment, and parking lots and driveways.  Methods, which may be utilized, include earthen mounding, solid masonry walls, permanent engineered sound barriers, or other methods or materials of equal affect as those listed above.
   (f)   Signs.  In conjunction with and at the same time as submission of a specific site plan application, applicants may submit a proposed sign limitation and control package specifically fashioned for the PUD development.
   (g)   Landscaping and Screening.  See Section 1127.02(a).
(Ord. 46, 2015.  Passed 9-8-15.)

1154.12 MX-PUD MIXED USE PLANNED UNIT DEVELOPMENT DISTRICT.

   (a)   Purpose.  This district is intended to provide for the development of business, office and commercial establishments, and varied residential living opportunities within a unified plan of development.  An MX-PUD must include residential uses.  Within the planned development, selected residential uses can be integrated with commercial, business and office establishments, or developed as a sub-area with residential neighborhood characteristics.  This district provides for flexibility in locating uses, allows for utilization of the site more efficiently than standard zoning regulations, allows for advantageous use of natural features of the site, and allows for residential uses to be selectively integrated with our separated from business, commercial or office establishments.
   (b)   MX-PUD Permitted and Special Uses.
      (1)   The following listed uses are included as permitted and accessory uses in the MX-PUD zoning District: hotels; motels; convention, conference and banquet facilities; and those uses included as permitted and accessory uses in the B1 and B2 zoning districts.  The following uses are not permitted in an MX-PUD District: drive-in theaters; veterinary clinics, veterinary hospitals; and veterinarians with kennels.  One or more of these permitted and accessory uses may be excluded from the specific MX-PUD when the City Council determines that the specific permitted or accessory use is inappropriate for the specific MX-PUD development.  Such exclusion(s) shall be based upon at least one of the following findings that the specific excluded use:
         A.   Cannot be serviced by adequate public utilities; or presents the potential for significant environmental damage and a satisfactory plan of mitigation has not been provided by the applicant; or is inconsistent with the overall character and other uses of the proposed PUD; or is inappropriate for the topography of the site; or is incompatible with surrounding legal land uses or other approved land uses; or is inconsistent with the City land use plan or other approved plans of the City; or will create hazardous traffic conditions; or will imposed an unmitigated burden on public service and facilities; such as fire and police protection; and
         B.   Will not promote the purpose and objectives of the planned unit development provisions of this code; and
         C.   Does not advance the general welfare of the community and the immediate vicinity and will adversely affect or impact adjoining or surrounding development without satisfactory mitigation measures.
      (2)   Upon approval by City Council in accordance with Section 1154.09(b) and the issuance of a special use permit, those uses included as special uses in the following listed zoning districts are allowed in a MX-PUD: B1, and B2.
   (c)   Land Use Intensity.  For MX-PUD developments, the maximum land use intensity and not coverage by all buildings and by buildings and all other impervious surfaces is as follows:
      Maximum Coverage by All Buildings: 35%
      Maximum Cover by All Buildings and Impervious Surfaces: 75%
   (d)   Building Height.  The maximum height of any building in a MX-PUD District shall be 50 feet, except, at the discretion of the City Council, the maximum height maybe increased when such increase is determined to improve site design and the overall aesthetic quality of the development, does not adversely affect surrounding neighborhoods and public facilities, does not obscure light and air sources to immediately surrounding structures, and satisfies applicable fire and safety regulations.
   (e)   Requirements for Screening, Accessory Parking, and Loading Unloading Areas.
      (1)   All screening and buffering shall meet the requirements of Section 1127.02(a), accessory parking shall meet the requirements of Section 1127.08-12, and loading and unloading areas shall meet the requirements of Section 1127.03.  Upon approval of the City Council, any of these requirements may be modified, provided that such modification will increase benefits of the community that are derived from the development, will improve site design, will not adversely affect surrounding neighborhoods and public facilities, and the purpose of such modification is not to circumvent the intent of the respective section.
      (2)   Any commercial development proposed to be located within 1,000 feet of any existing or proposed residential district or project shall present and implement plans for providing a barrier from noise generated by the activities of the commercial development. These activities include but are not limited to loading dock and delivery activities, truck movements, idling and parking, waste collection, compactor or shredding activities; roof mounted and ground mounted mechanical equipment, and parking lots and driveways.  Methods which may be utilized include earthen mounding, solid masonry walls, permanent engineered sound barriers, or other methods or materials of equal affect as those listed above.
   (f)   Signs.  In conjunction with and at the same time as submission of a specific site plan application, applicants may submit a proposed sign limitation and control package specifically fashioned for the PUD development.
   (g)   Landscaping and Screening.  See Section 1127.02(a).
(Ord. 46, 2015.  Passed 9-8-15.)

1154.13 M-PUD INDUSTRIAL PLANNED UNIT DEVELOPMENT DISTRICT.

   (a)   Purpose.  This district is intended to provide for the development of varied or similar industrial establishments within a unified industrial area and plan of development.  Within this district, industrial establishments can be flexibly located, to achieve compatible exterior physical design, to utilize the site more efficiently than allowed by conventional development standards, to take advantage of natural features of the site, to achieve a higher degree of pedestrian and vehicular separation, to comprehensively provide for necessary services and facilities in accordance with a predetermined plan, to reduce vehicular traffic conflicts within the site and with public rights-of-way, and to enhance compatibility of the development with its surroundings.
   (b)   M-PUD Permitted and Special Use.
      (1)   Those uses included as permitted and accessory uses in the M-1 and M-2 Zoning Districts are permitted in an M-PUD District.  One or more of these permitted and accessory uses may be excluded from the specific M-PUD when the City Council determines that the specific permitted or accessory use normally allowed in the industrial Zoning Districts is inappropriate for the specific M-PUD development.  Such exclusion(s) shall be based upon at least one of the following findings that the specific exclude use:
         A.   Cannot be serviced by adequate public utilities; or presents the potential for significant environmental damage and a satisfactory plan of mitigation has not been provided by the applicant; or is inconsistent with the overall character and other uses of the proposed PUD; or is inappropriate for the topography of the site; or is incompatible with surrounding legal land uses or other approved land uses; or is inconsistent with the City’s land use plan or other approved plans of the City; or will create hazardous traffic conditions; or will impose an unmitigated burden on public services and facilities, such as fire and police protection; and
         B.   Will not promote the purpose and objectives of the planned unit development provisions of this code; and
         C.   Does not advance the general welfare of the community and the immediate vicinity and will adversely affect or impact adjoining or surrounding development without satisfactory mitigation measures.
      (2)   Upon approval by City Council in accordance with Section 1154.09(b) and the issuance of a special use permit, those uses included as special uses in the M1 and M2 Zoning District are allowed in an M-PUD.  Wireless telecommunication facilities shall automatically be a special use permitted in all M-PUD districts, whether existing or proposed.
      (3)   Upon approval by the City Council, specifically listed permitted and accessory uses allowed in the B1 and B2 Districts may be permitted as permitted or special uses in an M-PUD.
   (c)   Land Use Intensity.  For M-PUD developments, the maximum land use intensity and lot coverage by all buildings and by buildings and all other impervious surfaces is as follows:
      Maximum Coverage by All Buildings: 40%
      Maximum Cover by All Buildings and Impervious Surfaces: 75%
   (d)   Building Height.  The maximum height of any building in an M-PUD District shall be 50 feet, except, at the discretion of the City Council, the maximum height may be increased when such increase is determined to improve site design and the overall aesthetic quality of the development, does not adversely affect surrounding neighborhoods and public facilities, does not obscure light and air sources to immediately surrounding structures, satisfies applicable fire and safety regulations, and is necessary for the operation of a proposed industrial use.
   (e)   Requirements for Screening, Accessory Parking, and Loading and Unloading Areas.
      (1)   All screening and buffering shall meet the requirements of Section 1127.13, accessory parking shall meet the requirements of Section 1127.08-12, and loading and unloading areas shall meet the requirements of Section 1127.03-07.  Upon approval of the City Council, any of these requirements may be modified, provided that such modification will increase benefits to the community that are derived from the development, will improve site design, will not adversely affect surrounding neighborhoods and public facilities, and the purpose of such modification is not to circumvent the intent of the respective section.
      (2)   Any industrial development proposed to be located within 1,000 feet of any existing or proposed residential district or project shall present and implement plans for providing a barrier from noise generated by the activities of the industrial development. These activities include but are not limited to loading lock and delivery activities, truck movements, idling and parking, waste collection, compactor or shredding activities; roof mounted and ground mounted mechanical equipment, and parking lots and driveways.  Methods which may be utilized include earthen mounding, solid masonry walls, permanent engineered sound barriers, or other methods or materials of equal affect so those listed above.
   (f)   Signs.  In conjunction with and at the same time as submission of a specific site plan application, applicants may submit a proposed sign limitation and control package specifically fashioned for the PUD development.
   (g)   Landscaping and Screening.  See Section 1127.02(a).
(Ord. 46, 2015.  Passed 9-8-15.)

1155.01 GENERAL PROVISIONS.

   The arrangement, character, extent, width and location of major, secondary and minor streets or highways shall conform with the Official Thoroughfare Plan for the City, which is on file with the Clerk of Council and with the provisions of these Regulations.  Streets not contained in the Official Thoroughfare Plan should conform to the recommendation of the 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 Planning 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 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.

1155.02 STREETS.

   (a)   Design and Arrangement.
      (1)   The arrangement of streets in new subdivisions shall make provisions for the continuation of the principal existing streets in adjoining area (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 shall be twenty feet to the face of the curb.  Without curb, the minimum pavement radius shall be thirty feet to the edge of the pavements.
      (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 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.
      (2)   Minimum horizontal.  The radii of center line curvature shall be:
 
Degrees
Feet
Primary thoroughfares
12
475
Secondary thoroughfares
19
300
Minor streets
28
200
Streets shorter than 500 feet
58
100
A minimum fifty-foot tangent shall be introduced between reverse curves.
      (3)   Visibility requirements. 
         A.   Minimum vertical visibility (measured four and one-half feet eye level to tail light eighteen inches above ground level) shall be:
      500 feet on primary thoroughfares
      300 feet on secondary thoroughfares
      200 feet on minor streets
      100 feet on streets shorter than 500 feet.
         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.
   (c)   Street Type and Width.
      (1)   Major thoroughfares.  The width of all major thoroughfares shall conform to the width designated on the Official Thoroughfare Plan of the City.
      (2)   Collector streets.  The minimum right-of-way widths of all collector streets shall be sixty feet.
      (3)   Local streets.  The minimum right-of-way width of local streets shall be fifty feet and the pavement width shall be thirty feet, except where there are unusual typographical or other physical conditions, in which case the Commission may require a greater width for a local street.  The minimum width of local streets serving multiple dwellings shall be sixty feet and the pavement width shall be thirty-six feet.
      (4)   Location.  When a proposed subdivision is adjacent to or contains a State highway, the developer and Commission should seek information from the Ohio Department of Transportation as to the status of the highway in reference to width, direction and access thereto.
      (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 forty feet.  The maximum length for a cul-de-sac shall be 600 feet.
      (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)   Limitation of number of vehicular access points to arterial highways or major streets.  Safety factors and the need for effective utilization of the major thoroughfares require limiting the number of vehicular access points to arterial highways and major streets to promote efficient traffic movement and reduce safety hazards.  This principle shall be implemented by the developer as follows:
   Where a subdivision adjoins an arterial highway or major street, vehicular access to subdivided lots shall be kept to a minimum and shall not exceed the following standards:
 
Feet of Frontage
Maximum Number of
Vehicular Access Points
Less than 500 feet
One
500 feet to 1,000 feet
Two
Over 1,000 feet
Two for the first 1,000 feet of frontage; plus one point of access for each additional 1,000 feet of frontage
 
      The local street arrangement connecting with these access points may be accomplished in one of three ways:
         A.   Marginal access street with a planting strip of a minimum width of twenty feet between the major street or highway pavement and marginal access street pavement.  The marginal access street shall have a minimum pavement width of twenty feet.
         B.   Local street (reverse frontage) with residences facing away from the major thoroughfare.  In this case, the rear yards (those between the residences and the major thoroughfare) shall have a minimum depth of seventy feet which includes a twenty-foot strip reservation abutting the major thoroughfare for screen planting of trees and shrubs.  A masonry or wooden ornamental screen may be substituted for the planting.  (See Section 1155.06 (c).)
         C.   Intersecting local streets or cul-de-sac streets perpendicular to the major thoroughfare.
      (9)   Street grades.  Street grades shall not exceed the following with due allowances for reasonable vertical curves.  The City Engineer may permit deviations from these requirements where the topography is such that these regulations are not practical.
 
Percent
Primary thoroughfare
5
Secondary thoroughfare
8
Minor streets and alleys
12
Streets shorter than 500 feet and cul-de-sacs
15
 
         No street grade shall be less than one percent.
      (10)   Street names.  New names are required for new streets.  The names shall meet with the approval of the Planning Commission.  No name shall be similar in spelling or pronounciation to that of an existing street in the City or the same postal zone.  Streets which are essentially continuous shall have the same name.
      (11)   Acceptance of streets.  The City Engineer shall, upon written request by the owner of the land upon which the street has been constructed, 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.

1155.03 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.

1155.04 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 average front building line shall not be less than twenty-five feet from the right of way of the street or thoroughfare upon which the lots front.
   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 Commission.
   (b)   Easements.  Easements of at least six feet in width shall be provided on each side of all rear lot lines and along side lot lines where reasonably 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.

1155.05 BLOCKS.

   (a)   No block shall be longer than 1,320 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 and egress.
   (b)   Where blocks are over 750 feet in length a crosswalk easement 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.

1155.06 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 rule will provide a better street and sublot layout.
   (c)   Reverse frontage lots abutting an intercommunity thoroughfare or major street and fronting on an interior street within a subdivision shall be of sufficient depth so as to provide for a minimum rear yard of seventy feet.  Lots with double frontage shall be avoided except when paralleling major highways.
   (d)   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 appropriate Board of Health or the City Engineer, the Commission may require larger lot widths and lot areas as deemed necessary.
   (e)   In an established neighborhood, the commission may, at its discretion, approve the plat of a subdivision containing lots of less width than the minimum required in the zoning district if the lots conform generally to the other lots in the neighborhood.
   (g)   Property lines at street intersections shall be rounded with a minimum radius of twenty feet.
   (h)   No lot shall have less area or width than is required by the zoning regulations applying to the area in which it is located.  If zoning is not in effect in any portion of the area of jurisdiction of these Regulations as specified in Section 1151.05, the following minimum lots sizes shall be met:
Type of Development
Group Sewer and Water Available
Group Sewer Available
Group Sewer and Water Not Available
Single-family
70 ft. frontage
100 ft. frontage
150 ft. frontage
10,000 sq. ft.
20,000 sq. ft.
40,000 sq. ft.
Two-family
100 ft. frontage
150 ft. frontage
200 ft. frontage
14,000 sq. ft.
30,000 sq. ft.
1-1/2 acres
Multi-family (3 or more families)
120 ft. frontage
Not permitted
Not permitted
4,000 sq. ft. per dwelling unit
Commercial
1,000 ft. frontage
100 ft. frontage
“
20,000 sq. ft.
20,000 sq.ft.
Industrial
200 ft. frontage
200 ft. frontage
“
1 acre
1 acre
*Minimum frontage and minimum area to be determined by health officials having jurisdiction.

1155.07 PUBLIC SITES AND OPEN SPACES.

   (a)   Recreational Areas, Etc.  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 East Liverpool Master Plan and to be made available by one of the following methods:
      (1)   Dedication to public agency having jurisdiction.
      (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)   Cultural Areas, Etc.  Due regard shall be given to the preservation of 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)   Easement Along Streams.  Whenever any stream or important surface drainage course is located within the area being subdivided, the proper authority 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)   Land Subject to Flooding or Containing Poor Drainage Facilities.  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 appropriate Board of Health, Conservancy District and the City Engineer.

1155.08 TREES.

   Street trees when planted shall be located outside of the street right of way or any sewer or water easements that may be adjacent to the street right of way and planted in such manner as not to impair visibility at any corner or corners.  It is strongly recommended that all subdividers or developers retain existing recommended trees and plant trees on each lot.  The Commission will cooperate in giving advice on species of trees which are acceptable for planting.
   (a)   The following list of trees is recommended for street planting:
Medium Width Streets
Scientific Name
Common Name
Acer Platanoides
Norway Maple
Crataegus crus-galli
Cockspur Hawthorn
Liquidambar Styraciflua
Sweet-Gum
Ostrya Virginiana
Hop Hornbeam
Quercus Coccinea
Scarlet Oak
Sassafras Albidum
Sassafras
Sophora Japonica
Japanese Pagoda Tree
Tilia Corata
Little-Leaf Linden
 
Wide Streets
Scientific Name
Common Name
Acer Saccnarum
Sugar Maple
Celtis Laevigata
Sugar Hackberry
Cercidiphyllum Japonicum
Katsura Tree
Fraxinus Americana
White Ash
Ginkgo Biloba
Ginkgo (male only)
Gleditsia Triancanthos
Common Honey-Locust
Phellodendron Amurenase
Amur Cork Tree
Pinus Strubus
White Pine
Platanus Acerifolia
London Plane Tree
Quercus Borealis Maxima
Red Oak
Quercus Palustris
Pin Oak
Zelkova Serrata
Japanese Zelkova

1155.09 LARGE SCALE DEVELOPMENT.

   The standards and requirements of these Regulations may be modified and varied under Section 1159.08(b) whenever a subdivision plan is of such wide scope that it proposes the development of a functionally integrated community or neighborhood, possibly including some unique design in order to attain an improved character of development, provided that it conforms to the general purpose and intent of these Regulations even though the project does not comply with all the provisions of such Regulations.

1157.01 GENERAL REQUIREMENTS; MATERIALS AND CONSTRUCTION.

   (a)   General Provisions.
      (1)   Prior to the granting of final approval the subdivider shall have installed or shall have furnished a performance bond for the amount of 120 percent of the estimated construction cost of the ultimate installation of improvements listed and described herein.  The performance bond or cash deposit submitted to the City, will assure the City that the subdivider, his heirs, successors and assigns, or agents or servants thereof, will comply with all applicable terms, conditions, provisions and requirements of these 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 this bond is accepted it shall be approved by the proper administrative officials.  The term of this bond shall extend twelve months beyond the completion date of the project.
      (2)   The subdivider or developer shall submit a set of construction plans for the improvement of the road, street or alley, prepared by a registered professional engineer.  The construction plans shall include the title of the plan, typical sections, a plan and profile view, cross-sections, miscellaneous engineering details and an estimate of quantities.  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 and proposed drainage facilities for the entire subdivision area shall also be presented.
      (3)   When deemed desirable, the City Engineer or his representative may require the construction of part or all of any intersecting roads, streets or alleys in order to assure that no hardship or added expense is endured by abutting property owners.
      (4)   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 according to the nature of the improvements.  Upon final approval of the construction plans, two sets of the prints will be required for the use of the City Engineering Department.
   (b)   Materials and Construction Procedure.
      (1)   Materials.  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 "Construction and Material Specifications", State of Ohio, Department of Transportation.  The materials will be referred to by material grade or section number of the same current volume.
      (2)   Specifications, supervision and inspection.  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.
      (3)   Inspection costs.  The cost of City inspection shall be paid by the subdivider, and an amount of money estimated by the City Engineer for such purpose shall be deposited in advance with the City or otherwise provided for in the construction agreement and bond requirements as hereinafter mentioned.
      (4)   Recommendation and approval.  It shall be the responsibility of the City Engineer to inform the person or persons making same, that whenever the required improvements are properly made or otherwise secured as hereinafter mentioned, the City Engineer will pass upon and recommend to the Planning Commission that such plat, if otherwise conforming to these Regulations, be approved.

1157.02 MONUMENTS.

   At the time of surveying and laying out a subdivision, the proprietor of such subdivision 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 inlots and at the corner of each outlot, 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 directs, 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 direct the surveyor to place and set at least four permanent markers in each plat of ten lots or less.  In a subdivision having more than ten lots, whether within or without the City, the proprietor shall cause to be placed as many additional permanent markers as the surveyor deems necessary to properly control his original survey.  Such permanent markers shall be placed in a manner so that the line of sight between such markers can be observed from one marker to the other.  Such markers shall be made of either stone or concrete at least four inches in diameter, or four inches square, and properly marked.  The markings on such markers shall consist of a cross cut with the legs of the cross at least three inches long and at least one- eighth inch deep.  Solid iron pins of at least one inch diameter may also be used as permanent markers.  All stone, concrete or iron pin markers shall be at least thirty inches long and the bottom of such markers shall be set at lest thirty inches below finished grade.
   If the location for a permanent marker is originally determined to be in an area of solid rock it may be relocated and offset from its original position.  Such relocation must be noted on the plat.  These and all other markers shall be designated on the plat before it is presented for record, but setting of such markers shall not be required prior to completion of construction necessary to the improvement of the land.
(ORC 711.03)

1157.03 UTILITY IMPROVEMENTS.

   (a)   Water Supply.
      (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 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 where necessary or desirable, in which case, the excess cost of the larger line shall be borne by the jurisdiction having authority.
   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, Title 37 "Health-Safety-Morals".
      (2)   Individual private wells.
         A.   Evidence of water supply and well log.  Satisfactory evidence of a safe potable underground water supply shall be submitted.  If such evidence is not submitted a note to that effect shall be included on the final plat.  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 City Planning Commission.
         B.   Location and construction of individual private wells.  Individual private wells shall be located at least twenty-five feet from property lines; seventy-five feet from all septic tanks; approximately 100 feet from all tile disposal fields and other sewage disposal facilities, ten feet from all cast-iron sewer lines; thirty feet from any vitrified sewer tile lines, and shall not be located within any flood plain unless the source is above the flood plain 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 City 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.
   (b)   Sewage Disposal.
      (1)   Sanitary sewers.  If a subdivision can be reasonably served by the extension of an existing public sanitary sewer, as determined by the Planning Commission, the subdivider or developer shall provide a system of sanitary sewer mains and shall provide lateral connections for each lot.  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 liens where necessary or desirable, in which case, the excess cost of the larger lines shall be borne by the jurisdiction having authority.
   Group sewage disposal systems shall meet the requirements of the State Department of Health as provided in Ohio R.C. 3701.18 to 3701.21, inclusive, Title 37, "Health-Safety-Morals".
      (2)   Individual sewage disposal facilities.  In the event the installation of individual disposal systems is 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, be numbered and its location shown on the plat.  Tests shall be made by a recognized authority.
   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, registered surveyor or other person acceptable by 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 appropriate Board of Health.  The method of making such tests shall be as follows:
         A.   Dig or bore holes approximately six to ten inches wide, with straight sides to a minimum depth of thirty inches or a maximum depth of forty-eight inches.
         B.   Keep filling holes with water until the ground becomes soaked and allow all water to seep away.  Then fill the holes with water to a depth of twelve inches.
         C.   Record the time, in minutes, required for the last six inches of water to seep away.  Divide the time by six to obtain the average time for water to fall one inch.
         D.   Size of tile disposal fields:
 
Average Time Required for Water to Fall
One Inch as Shown by Percolation Test
Type of
Leaching
Soil
Lineal Feet of Tile Required
2 or less
Bedrooms
3 to 4
Bedrooms
5 to 6
Bedrooms
Less than ten minutes
Good
100
200
300
10 - 30 minutes
Fair
200
400
600
30 - 60 minutes
Poor
300
600
900
Over 60 minutes
Leaching devices are not permitted.
 
   (c)   Other Utilities.  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 prior to the approval of the final plat.  Underground installation of utilities is encouraged.

1157.04 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 Regulations.
   The subdivider or developer shall present on tracing cloth or paper, using India or equal quality ink, a plan and profile showing proposed street and road grades and drainage structures.
   (a)   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 Street
Width of Pavement
Major streets and highways
To conform to applicable cross-sections of the Official Highway Plan, as determined by the City Planning Commission and the City Engineer.
Collector streets
36 feet
Local streets serving medium-high density development (eight families or more per net acre)
 
36 feet
Local streets serving medium density development (four to seven families
per net acre)
30 feet
Local streets serving low density suburban development (three families or less per net acre)
20 feet
Alleys
16 feet
 
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, provision of 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.
   (b)   Subgrade.  The subgrade shall be free of sod, vegetation matter 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.
   (c)   Residential Local and Collector Streets.  These streets shall be constructed in accordance with subsection (c)(1) or (2) hereof, except in unusual circumstances which are based on the decision of the City Engineer as specified in subsection (c)(3) hereof.
      (1)   Portland cement concrete pavement having a minimum thickness of six inches, constructed on a properly prepared subgrade.
      (2)   Bituminous concrete pavement having a sub-base of "I-22" five inches thick and a base course of "B-19" four inches thick and a bituminous concrete wearing surface having a minimum thickness of two and one-half inches.
      (3)   The City Engineer has the authority to require higher standards where he deems unusual sub-base conditions made it necessary, or to permit lower standards where excellent natural sub-base conditions exist.
   (d)   Major Streets or Streets Servicing Commercial and Industrial Areas.  These streets shall be constructed in accordance with subsection (d)(1) or (2) hereof, except in unusual circumstances which are based on the decision of the City Engineer as specified in subsection (d)(3) hereof.
      (1)   Portland cement concrete pavement having a minimum thickness of seven inches, constructed on a properly prepared subgrade.
      (2)   Bituminous concrete pavement having a sub-base of "I-22" six inches thick and a base course of "B-19" five inches thick and a wearing surface having a minimum thickness of two and one-half inches.
      (3)   The City Engineer has the authority to require higher standards where he deems unusual sub-base conditions make it necessary, or to permit lower standards where excellent natural sub-base conditions exist.
   (e)   Curbs and Gutters.  The requirement of curbs or curbs and gutters will vary in accordance with the character of the area and the density of development involved.  In urban or suburban areas curbs are necessary to control storm water runoff and to clearly define driving and parking areas.
      (1)   Curbs shall be required on all streets designed to serve areas where the existing or anticipated net residential density of the proposed subdivision equals or exceeds three families per net acre.
      (2)   In commercial developments, or where other similar intensive urban uses exist or are anticipated, curbs shall ordinarily be required.  The installation of curbs may be required on major or minor highways if such construction is deemed necessary for public safety.
      (3)   Where curbs exist on abutting properties, their extension will ordinarily be required throughout the proposed subdivision.
      (4)   Where curbs are not required, adequate gutters shall be graded and protected by seeding or appropriate surfacing.
      (5)   Curbs may be of the wall type or may be combined with gutters built of concrete.  Curbs, combined curbs and gutters and graded gutters shall be constructed in conformance with the current volume of "Construction and Material Specifications" of the Department of Transportation, State of Ohio, as they pertain to this type of improvement.
   (f)   Driveways.  The maximum grade on driveways shall not exceed fifteen percent.  Driveway pipe shall be reinforced concrete pipe or its equal with a minimum diameter of twelve inches and a minimum length of twenty feet.  The subdivider or developer shall place approved drainage structures under intersecting roads, drives, lanes or property entrances and at other locations where required.

1157.05 DRAINAGE.

   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 it 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.  A drainage plan shall be submitted simultaneously with the plat of any subdivision, showing the proposed scheme of surface drainage.
   (a)   Standards and Specifications for Drainage Facilities.  The construction of storm water drainage improvements shall be subject to the approval of the City Engineer. 
      (1)   The drainage ditch must have at least a one percent grade, or otherwise approved.
      (2)   If the roadway ditch is in excess of four 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.
   (b)   Culverts and Bridges.  When natural drainage channels intersect any street right of way, it shall be the responsibility of the subdivider to have satisfactory bridges and culverts designed and constructed.  Where culverts are required, the following minimum requirements shall be observed:
      (1)   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.
      (2)   Driveway culverts shall have a minimum length of twenty feet.  Driveway culverts shall be reinforced concrete pipe or its 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 Department 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.

1157.06 SIDEWALKS.

   Portland cement 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, provided, however, that the Planning Commission may waive this requirement and allow sidewalks along only one side of any new street where in its sole and absolute discretion it determines that sidewalks on both sides of such new street are not necessary.  Beyond the corporation limits, in areas where the predominant lot width is 100 feet or more, the Planning Commission at its discretion may waive the requirement for any sidewalks.

1157.07 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.

1157.08 STREET LIGHTING.

   Plans for street lights, if any, shall be submitted to the City Engineer for approval.

1157.09 TRENCH BACKFILLING.

   All trenches for water lines, sewers, utilities, etc., within the pavement or driveway areas shall be backfilled with granular material and compacted to the satisfaction of the City Engineer 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.

1157.10 IMPROVEMENTS BOND.

   The design standards and required improvements described in Chapters 1155 and 1157 have been adopted by Council and no final subdivision shall be approved unless:
   (a)   The improvements listed in these Regulations have been satisfactorily completed prior to such approval, or
   (b)   The subdivider files with Council a surety bond or cashier's or certified check for the amount of 120 percent of the estimated 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, and such guarantee shall extend one year beyond completion.  Such bond or checks shall be approved by the Law Director and shall be made payable to and enforceable by the City of East Liverpool, Ohio.  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 Council and may be returned to the developer.

1157.11 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 jurisdiction having authority for the proper and continuous maintenance and supervision of such facilities by the lot owners in the subdivision.

1159.01 RECORDING OF PLAT.

   No plat of any subdivision shall be entitled to record in the office of the Recorder of Columbiana 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 Columbiana County.

1159.02 REVISION OF PLAT AFTER APPROVAL.

   No changes, erasures, modifications or revisions shall be made in any plat of a subdivision after approval has been given by the Planning Commission, and endorsed in writing on the plat, unless the plat is first re-submitted to the Commission.

1159.03 FEES.

   (a)   At the time of submitting a preliminary plan the subdivider shall pay a filing fee, and the amount of such fee shall be determined from the following schedule:
 
Number of Lots In Plat
Amount of Fee
2 - 15
$50.00
16 - 25
75.00
26 and over
125.00
   (b)   The filing fee shall be paid in legal tender or by check or money order made payable to the City and deposited with the City Auditor.
   (c)   In the event that a plat is disapproved by the Planning Commission before any physical inspection has been made of the site, the Planning Commission may, at is discretion, order that the developer be refunded the fee paid to the City Auditor.

1159.04 SALE OF LAND IN SUBDIVISION.

   No owner or agent of the owner of any land located within a subdivision shall transfer, sell, agree to sell or negotiate to sell any land by reference to, exhibition of, or by the use of, a plan or plat of a subdivision before such 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 Regulations.

1159.05 PERMITS.

   (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 prescribed herein.
   (b)   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.

1159.06 VALIDITY.

   If any section, subsection, sentence, phrase or clause of this Title Five - 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 Regulations.

1159.07 VARIANCES.

   (a)   Hardship.  Whenever the tract to be subdivided is of such unusual size or shape, or is surrounded by such development or unusual conditions that the strict application of the requirements of these Regulations would result in real difficulties, substantial hardship or injustice, the Planning Commission may vary or modify these Regulations so that the subdivider may subdivide his property in a reasonable manner.  At the same time, however, the public welfare and interest of the City and the surrounding area must be thoroughly protected and the general intent and spirit of these Regulations must be enforced.
   (b)   Large Scale Development.  The standards and requirements of these 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 covenants or other legal provisions which will assure conformity to and achievement of the plan.
   (c)   Conditions.  In granting variances and modifications, the Planning Commission may require such conditions as will, in its judgement, secure substantially the objective of the standards or requirements so varied or modified.

1159.99 PENALTY.

   (a)   Whoever violates these Regulations or fails to comply with any order pursuant thereto shall forfeit and pay not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00).  Such sum may be recovered with costs in a civil action brought in the Court of Common Pleas of the County.
   (b)   A County Recorder who records a plat contrary to the provisions of these Regulations shall forfeit and pay not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00), to be recovered with costs in a civil action by the City Solicitor in the name and for the use of the City.
   (c)   Whoever, being the owner or agent of the owner of any land within or without a municipal corporation, transfers any lot, parcel or tract of such land from or in accordance with a plat of a subdivision before such plat has been recorded in the Office of the County Recorder, shall forfeit and pay the sum of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) for each lot, parcel or tract of land so sold.  The description of such lot, parcel or tract by metes and bounds in the deed or transfer shall not serve to exempt the seller from the forfeiture provided in this section.
   (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 before provisions of these Regulations are complied with shall forfeit and pay the sum of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) for each lot or part of a lot so sold, offered for sale or leased, to be recovered with costs in a civil action, in the name of the City Auditor for the use of the Municipality.