Fostoria City Zoning Code
TITLE FIVE
Subdivision Regulations
1160.01 PURPOSE.
In their interpretation and application, the provisions of these Subdivision Regulations shall be held to be the minimum regulations adopted for the protection of the public health, safety and welfare. To protect the public, among other purposes, such provisions are intended to provide permanently for a wholesome community environment, adequate Municipal services and safe streets.
1160.02 SCOPE.
These Subdivision Regulations shall not apply to any lot or lots forming a part of a subdivision created and recorded prior to the effective date of these 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annul or in any way impair or interfere with existing provisions of other laws or ordinances, except those specifically repealed by these Regulations, or with private restrictions or covenants running with the land to which the City is a party. Where these Regulations impose a greater restriction on land than is imposed or required by such existing provisions of law, ordinance, contract or deed, the provisions of these Regulations shall prevail.
1160.03 APPLICATION OF REGULATIONS.
The Subdivision Regulations contained herein shall apply within the corporate limits of the City and in the unincorporated area lying within three miles of such corporate limits, subject to limitations specified in Ohio R.C. 711.09. Subdivisions in the unincorporated area lying within three miles of such corporate limits may also be subject to the County or Township Subdivision Regulations and require their approval.
1160.04 ADMINISTRATION.
The provisions of these Subdivision Regulations shall be administered and enforced by the City Planning Commission and the City Engineer. Such rules and procedures as are necessary to carry out the provisions of these Regulations may be adopted by the Commission and the City Engineer.
1160.05 DEFINITIONS.
As used in these Subdivision Regulations, unless otherwise provided:
(a) "Block" means a parcel of land bounded on all sides by a street or streets.
(b) "City" means the City of Fostoria, Ohio.
(c) "City Council" means the Council of the City.
(d) "City Engineer" means the Engineer of the City.
(e) "City Planning Commission" means the planning commission of the City.
(f) "County" means the County of Seneca, Hancock or Wood, State of Ohio.
(1) "County Engineer" means the Engineer of the County.
(2) "Regional Planning Commission" means the planning commission of Seneca, Hancock or Wood County.
(g) "Cul-de-sac" - see "street".
(h) "Developer" means an individual, group of individuals, organization or any other legal entity undertaking or contracting for construction of improvements on subdivided land.
(i) "Easement" means a grant by a property owner to an individual, group of individuals, organization or any other legal entity, to the use of a certain parcel of land for a specified purpose. "Utilities easement" means an easement granted for installation and/or maintenance of public utilities.
(j) "Improvements" means streets, curbs, gutters, sidewalks, sanitary and storm sewers, water services and such other facilities as may be required for subdivision and development of land under the requirements specified by these Regulations.
(k) "Law Director" means the Law Director of the City.
(1) "Lot" means a piece, parcel or tract of land separated from other parcels by lot lines, and having frontage on a public street.
(1) "Lot area" means the computed land area contained within the lot lines, usually expressed in square feet or in acres and fractions thereof.
(2) "Corner lot" means a lot at the juncture of, and fronting upon two or more intersecting streets or upon two parts of the same street, such streets or parts of the same forming an interior angle of less than 135 degrees. The point of intersection of the street lot lines is the corner.
(3) "Lot depth" means the mean horizontal distance between the front and rear lot lines.
(4) "Interior lot" means any lot other than a corner lot.
(5) "Lot lines" means the property lines bounding a lot.
A. "Front lot line" means the lines separating a lot from the street on which it abuts.
B. "Rear lot line" means the lot line opposite to and most distant from the front lot line.
C. "Side lot line" means any lot line other than a front or rear lot line. A side lot line separating a lot from a street is a side street lot line. A side lot line separating a lot from another lot is an interior side lot line.
(6) "Lot split" means the division of a single parcel of land into at least two but not more than five lots, either at the same time or over a period of time.
(7) "Lot width" means the mean horizontal distance between the side lot lines measured at right angles to the depth.
(m) "Map" means a scaled drawing or reproduction thereof of a parcel of land or subdivision of land.
(1) "Preliminary plat map" means a tentative proposal for the subdivision of land under these Regulations, submitted in map form to the City Planning Commission for its consideration according to the procedures specified herein.
(2) "Final plat map", means a final proposal for the subdivision of land, presented in map form to the City Planning Commission for approval and which, if approved, will become the official recorded plat of that subdivision.
(3) "Vicinity map" means a small map identifying the location of a proposed subdivision of land with reference to known points in the area around it.
(n) "Owner" means an individual, group of individuals, organization or any other legal entity having sufficient proprietary interest in land sought to be subdivided to commence and maintain proceedings to subdivide the same under requirements specified by these Subdivision Regulations.
(o) "Right of way" means the area between property lines utilized or reserved for use as a public street, alley or pedestrian way.
(p) "Street" means a public right of way for vehicular traffic, including but not limited to such terms as highway, thoroughfare, parkway, road, avenue, boulevard, lane, drive, court and circle.
(1) "Major or arterial street" means a street of considerable continuity used for the movement of traffic between large and/or widely separated areas (as indicated by the City's or County's Master Thoroughfare Plan).
(2) "Secondary or collector street" means a street of intermediate continuity used for the movement of traffic between arterial streets and local streets (as indicated by the City's or County's Master Thoroughfare Plan).
(3) "Minor or local street" means a street used primarily for access to abutting properties.
(4) "Cul-de-sac" means a minor street having one end open to vehicular traffic and the other end permanently terminated by a vehicular turn around.
(5) "Dead-end street" means a street having one end open to vehicular traffic and the other end temporarily terminated by a vehicular turnaround.
(6) "Alley" means a vehicular right of way providing a secondary means of access to the rear or side of abutting properties.
(q) "Subdivider" means an individual, group of individuals, organization or any other legal entity commencing proceedings to subdivide land under requirements specified by these Subdivision Regulations.
(r) "Subdivision" means the division of any parcel of land as a unit or as contiguous units on the last preceding tax roll, into two or more parcels, sites or lots.
(1) Any of which is less than five acres, for the purpose, whether immediate or future, of transfer of ownership, provided, however, that the division or partition of land into parcels of more than five acres not involving any new streets or easements of access, and the sale or exchange of parcels between adjoining lot owners, where such sale or exchange does not create additional building sites, shall be exempt.
(2) The improvement of one or more parcels of land for residential, commercial or industrial structures or groups of structures involving the division or allocation of land for the opening, widening or extension of any street or streets, 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 extension and maintenance of public sewer, water, storm drainage or other public facilities.
(s) "Vertical visibility" means the minimum unobstructed distance between the top of an object four inches high placed on the center line of a street and another point on the center line of the same street located four and one-half feet above the surface thereof.
1160.06 AMENDMENTS.
These Subdivision Regulations may be enlarged or amended by Council by ordinance. Prior to adoption of such an ordinance, Council shall hold a public hearing, advertisement of which shall be made at least once in a newspaper of general circulation at least twenty days prior to the hearing.
1161.01 GENERAL REQUIREMENTS.
(a) Approval. No plat of any subdivision shall be recorded with the County or have any validity until approved in the manner herein prescribed.
(b) Prohibitions. No person, firm, corporation or other legal entity proposing to make or having made a subdivision within the territorial limits of these Subdivision Regulations shall make any contract for the sale of, or shall offer to sell such subdivision or any part thereof, or shall proceed with any construction work on the proposed subdivision, including grading, which may affect the arrangement of streets, until he or it has obtained from the City Planning Commission and Council tentative approval of the proposed subdivision.
(c) Permits. No permits required for any work in connection with any subdivision shall be issued until the plat has been approved and recorded as herein prescribed, with house numbers assigned by the City which are to be placed on each unit in a conspicuous location acceptable to the United States Post Office.
(d) Improvements. The City hereby defines its policy to be that the City will withhold all public improvements of whatsoever nature including the maintenance of streets and the furnishing of sewage facilities and water service from all subdivisions which have not been approved and from all areas dedicated to the public which have not been accepted by the City Planning Commission and Council in the manner prescribed herein.
(e) Inspection Costs. The subdivider shall reimburse the City for the costs to the City involved in inspection and checking by City personnel, or personnel hired by the City, of water and sewer facilities installations and street construction, prior to acceptance of the improvements by the City.
(f) Fees for Filing Subdivision Plat. The filing fee for a subdivision plat shall be as established by Council.
1161.02 SUBDIVISIONS INVOLVING FIVE LOTS OR LESS.
When a proposed subdivision of land involves no more than five lots each of which is five acres or less in area and does not require the opening, widening or extension of any street or the creation of an easement of access, it shall be submitted to the City Planning Commission for approval without a plat, providing, however, that a cumulative total of no more than five lots shall be permitted on one parcel of land without a plat.
(a) Requirements for Submission.
(1) Drawing and legal description. A drawing based upon a survey showing the location of the property and giving dimensions and other such information as may be necessary, and a legal description in writing, must be submitted with the request.
(2) Conveyance of right of way. When the existing street right of way width is inadequate, a conveyance of a right of way by deed shall be made by the owner to satisfy the deficiency. Such dedication shall be made to the City when within the corporate limits, or to the County when within the three mile area. The grantor shall not be required to install street improvements as a condition of conveyance.
(b) Procedure for Approval. Upon receipt of the drawing, legal description and right of way conveyance, if required, the City Planning Commission shall determine to its satisfaction that the proposed lot split is not contrary to any applicable platting, subdividing or zoning regulations, and if no conflict exists, shall approve the lot split.
1161.03 PRELIMINARY PLATS.
(a) Consultation. It is recommended that the subdivider or his engineer consult with the City Engineer while the plan is still in sketch form and before the preliminary plat is prepared, to acquaint himself with City ordinances, planned projects, performance bond and contract requirements.
(b) Contents. A preliminary plat shall consist of the following items:
(Number of Copies Required) | ||
In City | In Three Mile Area | |
Application | 1 | 1 |
Prelimimary Map | 4 | 6 |
Protective Covenants | 1 | 1 |
Vicinity Map | 1 | 2 |
Names and Addresses of Adjacent Property Owners | 1 | 1 |
(c) Preliminary Plat Map Specifications. The preliminary plat map shall be drawn to a scale of not more than 200 feet to the inch and shall contain the following data and information:
(1) The name of the subdivision and the location thereof by section, town, range and township;
(2) The boundaries of the proposed plat with the names of adjacent property owners or subdivisions;
(3) The locations, right-of-way widths and names of all existing or platted streets, railroads or other utilities or right-of-way easements within 200 feet of the proposed plat;
(4) The zoning districts, building setback lines with dimensions and easements with dimensions;
(5) The existing contours, with intervals of not more than five feet where the slope is greater than ten percent, and not more than two feet where the slope is less than ten percent. Elevations are to be shown relative to sea level datum.
(6) The location, right-of-way and names of all proposed streets; the location and dimensions of all sidewalks and easements; the layout, dimensions, front yard setbacks and numbers of all proposed lots;
(7) The land reserved or dedicated for public use, or reserved for common use of property owners;
(8) The location of existing sewers, water mains, culverts and other utilities, above or below ground, in the tract and within 200 feet thereof, together with pipe sizes and grades; and
(9) The location of proposed sewers, drainage courses and water mains in the tract and within 200 feet thereof.
(10) The proposed staging of the development.
(11) The proposed use of all parcels, including the number of dwelling units and type of business or industry.
(d) Submission. The subdivider shall submit the required number of copies of the preliminary plat to the City Engineer no later than fifteen working days prior to the next meeting of the City Planning Commission.
(e) Notice of Public Hearing. A public hearing on the proposed plat shall be held by the City Planning Commission and shall be scheduled to occur at the same time and place as the meeting at which the proposed plat is to be considered by the Commission. Notice of the hearing shall be published in a newspaper of general circulation in the City at least five days prior to the meeting. Owners of land immediately adjacent to the lands shown on the proposed plat shall be given notice by certified mail at least five days prior to the meeting.
(f) Preparation of Report. The City Engineer shall prepare a report evaluating conformance with design standards and these Subdivision Regulations of the proposed plat and making any recommendations for alteration deemed necessary.
(g) Action by Commission. At its meeting, the City Planning Commission shall hear the report of the City Engineer upon the proposed plat and shall hold a public hearing. Following the hearing, the Commission may take action as follows:
(1) Approval. The Commission may approve the preliminary plat and authorize the subdivider to proceed with preparation of the final plat.
(2) Approval in principle. The Commission may give "approval in principle" when, in the judgment of the Commission, such "approval in principle" shall not bind the Commission to subsequent favorable action in the preliminary plat, but shall serve as an indication of specific problems to be solved by the subdivider before favorable action can be taken.
(3) Table. The Commission may table the proposed plat for further consideration, subject to the time limitation specified in subsection (h) hereof.
(4) Denial. The Commission may deny the proposed plat for failure to comply with the regulations and standards specified herein.
(h) Time Limitations. A preliminary plat not acted upon by the City Planning Commission within sixty calendar days after the date of submission shall be considered approved as submitted. Approval of the preliminary plat shall be valid for a duration of not more than one year.
1161.04 FINAL PLAT.
(a) Contents. A final plat shall consist of the following items:
Number of Copies Requried | ||
In City In | Three Mile Area | |
Application | 1 | 1 |
Construction Drawings | 3 | 6 |
Cost Estimate | 2 | 3 |
Final Map | 3 | 6 |
(b) Final Plat Map Specifications.
(1) The final plat map shall be drawn to a scale of not more than 100 feet to the inch on a reproducible Mylar, and also a disc(s) using AutoCAD drawing program when available, and shall consist of the following data and information:
A. The name of the subdivision and the location thereof by section, town, range, township, County and State; the north point; the acreage.
B. The name of the owner or owners of record, the subdivider and the registered surveyor who prepared the plat; the location and ownership of adjoining property.
C. Certification by a surveyor or engineer registered in the State that the plan represents a survey made by him and that all monuments shown thereon actually exist and that their locations, size and materials are correctly shown.
D. A statement dedicating land offered for public use, or property to be reserved for the common use of property owners along with identification and measurement thereof;
E. Protective covenants and restrictions;
F. A statement of approval by the City Planning Commission and a statement of acceptance by the City Engineer, and if the plat is within the three-mile area, a statement of acceptance by the County Commissioners of the appropriate county;
G. A statement of acknowledgment by the owner or owners of his or their adoption of the plat, and dedication of streets and other public areas;
H. A certificate of a notary public and evidence of title from an attorney at law;
I. If a zoning change is involved, certification by Council and the City Planning Commission that such change has been approved;
J. The boundary lines of the area being subdivided with accurate dimensions and bearings. The exterior boundary, when computed from field measurements on the ground, shall close to an error of not more than one in ten thousand (1:10,000) before balance the survey;
K. The plat boundaries shall be tied to existing monuments, street lines, section corners or other survey lines, by bearings and distances, and shall be accurately described or located on the plat;
L. A known reference point and any corporation, section, township or county lines crossing or immediately adjacent thereto;
M. The location of all proposed or existing monuments and bench marks within the plat or immediately adjacent thereto;
N. All lot lines with the necessary distance and bearing, all linear dimensions and angular measurements and a numbering system identifying each lot;
O. The building setback lines with dimensions; and
P. The measurement and identification of areas reserved for schools, parks or common use.
(2) The platting detail shall be as follows:
A. All bearings and angles shall be to the nearest second and all distances to one hundredth of a foot.
B. The street, easement and other right-of-way, both within and adjacent to the plat, and their names, bearings and widths, including widths along the line of any obliquely intersecting street, lot or tract boundary line, shall be given.
C. Street intersection corners shall have the radius, arc length, central angle and tangent given.
D. Curve data shall be given for each lot or parcel, including radius, arc length, central angle and chord.
(c) Construction Drawing Contents. The construction drawings shall be drawn to a scale of not more than thirty feet to the inch (1"= 30') and shall contain the following information:
(1) All improvements, including streets, sidewalks, curbs, gutters, sewers, culverts and water and gas mains, with typical cross-sections, profiles and any other necessary details, as built;
(2) A map showing the division of drainage run-off areas, a complete set of calculations determining the size of pipe or ditch channels and other necessary storm drainage/retention information;
(3) The street planting plan in conformity with City laws and regulations;
(4) An estimate of the cost of improvements not yet completed at the time of the final plat application;
(5) Certification by an engineer registered in the State;
(6) Evidence that such drawings have been duly approved by the State Environmental Protection Agency and/or any other governing agencies when approval of such agencies is required by law.
(d) Submission. The subdivider shall submit the required number of copies of the final plat to the City Engineer no later than fifteen working days prior to the next meeting of the City Planning Commission.
(e) Action by Commission. At its meeting, the Commission shall review the final plat for conformity with the preliminary plat and all other requirements specified by these Subdivision Regulations, and if the plat is found to meet such requirements, shall approve the plat and recommend its approval by Council.
(f) Action by Council. Within thirty days after the receipt of the final plat and a recommendation from the City Planning Commission, Council shall approve or disapprove the plat. The subdivider shall accompany such submission with evidence that all improvements have been completed and that all inspection reimbursements have been paid to the satisfaction of the City Engineer, or shall post a bond or other financial instrument, as approved by the Law Director, for 110 percent of the cost of such improvements and inspections pending the completion thereof or until a petition for improvement by assessment has been properly submitted under Ohio R.C. Chapter 727, provided, however, that final approval of any plat proposed to be improved by assessment shall not be granted until the owner has provided the City with a bond or letter of credit continuing through the period of assessments in the amount of 100 percent of the estimated costs of the improvement.
(g) Recording. The City Engineer shall notify the subdivider, the City Planning Commission and Council, by mail, within five working days after the date of Council action. The subdivider is then required to record the plat with the County Recorder within ninety days. If such recording is not made within ninety days, the approval will become void and reapplication must be made.
(h) Copies Filed. After recording, the subdivider shall file with the City a reproducible tracing on Mylar or an equally durable substitute, of the final plat.
(i) "As-Built Drawings". In the event the improvements have not been completed prior to submission of the final plat, the subdivider shall submit three copies of "as-built" construction plans, certified by an engineer registered in the State, as outlined in subsection (c) hereof, together with any changes, prior to acceptance of any such improvement.
(j) Time Limitation. If the final plat is not approved within thirty days from the time of receipt of the same by Council, the provisions of Ohio R.C. 711.09 shall apply.
1161.05 AMENDED FINAL PLAT.
When a final plat has been approved by the City and recorded, as provided in Section 1161.04, an amended final subdivision plat may be submitted to the City for approval under the following terms and conditions:
(a) The filing fee for an amended final subdivision plat shall be as established by Council and Section 1161.01 (f) shall not apply to such amended plat.
(c) The amended final subdivision plat shall comply with Section 1161.04, and the subdivider shall follow that section in submitting the amended final subdivision plat to the City Planning Commission and Council and in recording the plat, except for any reference to a preliminary plat.
1161.06 VARIANCE.
The following regulations shall govern the granting of variances:
(a) Where the Planning Commission finds that extraordinary and unnecessary hardship may result from strict compliance with these regulations, due to exceptional topographic or other physical conditions, it may vary the regulations so as to relieve such hardship, provided such relief may be granted without detriment to the public interest and without impairing the intent and purpose of these regulations or the desirable development of the neighborhood and community. Such variations shall not have the effect of nullifying the intent and purpose of these regulations, the Comprehensive Land Use Plan or the zoning regulation, if such exists.
(b) In granting variances or modifications, the Planning Commission may require such conditions as will, in its judgment, secure substantially the objective of the standards or requirements so varied or modified.
1161.07 APPEAL.
Any person who believes he has been aggrieved by these regulations or the action of the Planning Commission, has the rights of appeal as set forth in Ohio R.C. Chapter 711 or any other applicable section of the Ohio Revised Code.
1161.99 PENALTY.
(a) Whoever violates any rule or regulation adopted by the City Council for the purpose of setting standards and requiring and securing the construction of improvements within a subdivision or fails to comply with any order pursuant thereto is creating a public nuisance and the creation thereof may be enjoined and maintenance thereof may be abated by action at suit of the City or any citizen thereof. Whoever violates these regulations shall forfeit and pay not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00). Such sum may be recovered with costs in a civil action in the Municipal Court of the City. Each day that a violation is permitted to exist shall constitute a separate violation.
(b) Whenever the owner or agent of the owner of any land within the jurisdiction of this chapter, 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, that person shall forfeit and pay the sum of not less than fifty dollars ($50.00) 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.
1162.01 STREETS.
(a) Layout Pattern. Street layout shall conform to the general pattern shown on the Major Thoroughfare Plan and with the provisions of these Subdivision Regulations, and shall be designed with due regard to topography, drainage and other physical considerations.
(b) Continuity. The street pattern shall make provisions for the continuance of streets into adjacent vacant property and for connection to existing rights of way in adjacent developed property.
(c) Names. Names of new streets shall not duplicate existing street names except where coterminous or where the new right of way is in alignment with an existing one. Further, names of new streets shall not closely approximate or be similar to any existing street names. All new streets shall be named in accordance with the following schedule.
General Direction of Street Name Ends With North and South Street East and West Avenue Diagonal Road Curving Drive Cul-de-sac, North and South Place Cul-de-sac, East and West Court Circular or part thereof Circle Alley, East and West Lane Alley, North and South Way |
(d) Widths, Grades, Curve Radii. Streets shall be designed in accordance with the following standards:
Type of Street | Minimum Right-of- Way | Minimum Pavement (B/B Curb) | Maximum Grade (%) | Maximum Curve (Degree) | Minimum Radius | Minimum Vertical Visibility |
Arterial (Major) Divided | 120 | 24 plus 24 | 4 | 5 | 1150 | 500 |
Undivided | 80 | 48 | 4 | 5 | 1150 | 500 |
Collector (Secondary) | 60 | 37 | 8 | 20 | 400 | 200 |
Local (minor) | 60 | 28 | 10 | -- | 200 | 100 |
(e) Intersections.
(1) Streets shall intersect at right angles wherever possible and practicable.
(2) Curb lines at intersections shall be rounded to a minimum radius of thirty feet and property lines at intersections to a minimum radius of twenty feet.
(3) Street grades shall not exceed three percent within 100 feet of an intersection.
(4) The approach to an intersection shall be perpendicular to the intersected street for a distance of not less than 100 feet from the center line of the intersected street.
(5) Jogs if less than 125 feet from center line to center line shall not be permitted.
(f) Dead Ends and Cul-de-Sacs.
(1) Dead-end streets shall not be permitted unless provided with a paved cul-de-sac having a right-of-way radius of not less than sixty feet and a pavement radius of not less than fifty feet.
(2) The maximum length of a cul-de-sac shall be 600 feet measured from the center of the turnaround to the center line of the intersecting street.
(3) Where a street ends at a subdivision line for future extension, it shall be provided with a temporary turnaround until such extension is completed.
(g) Half or Partial Streets. The dedication of half or partial streets shall not be permitted except when a half or partial street exists adjacent to the tract to be subdivided in which case the other portion of such half or partial street shall be dedicated.
(h) Alleys.
(1) Alleys shall not be permitted in Single and Two-Family Districts unless necessitated by unusual considerations.
(2) Alleys shall be provided in Multi-Family, Business and Industrial Districts, unless satisfactory alternate arrangements are made for access to off street parking, loading and service areas.
(3) The minimum width of an alley shall be twenty feet.
(4) Dead-end alleys shall not be permitted.
1162.02 BLOCKS.
The length, width and shape of a block shall be determined with due regard to the need for access, areas of buildable sites and limitations of topography, but in no case shall a block excess l500 feet in length.
1162.03 LOTS.
(a) Frontage. All lots shall abut by their full frontage on a public street. Lots abutting major or secondary streets will have reverse frontage lots.
(b) Minimum Size. Except as modified by applicable zoning regulations, all lots shall meet or exceed the following minimum sizes:
(1) Area. Each lot served by both water and sanitary sewer facilities shall have a minimum area of 8750 square feet. If either or both water and sanitary facilities are not available to the lot, it shall have such minimum area as determined by the County Health District.
(2) Width. Each interior lot shall have an average minimum width of seventy feet at the building line. Each corner lot shall have a minimum width of eighty feet as measured across the least width of the lot at the building line. No lot shall have a width of less than twenty feet at any point.
(3) Depth. Each lot shall have an average minimum depth of 125 feet. Lots backing on a major street shall have a minimum depth of 150 feet. A ten foot easement shall be required at the rear line of such lots, and vehicular access shall not be permitted across such easement.
(c) Shape.
(1) All lots shall be as nearly rectangular as practicable. Irregular or odd-shaped lots will be permitted only when unavoidable and then only when sufficiently large to permit reasonable construction and occupancy of permitted structures.
(2) The average depth of a lot shall be not greater than three times its average width.
(3) Triangular lots shall not be permitted.
(d) Lot Lines.
(1) Side lot lines shall be approximately perpendicular to the street line or radial to a curved street line.
(2) Curved side or rear lot lines shall not be permitted.
(e) Setbacks. Except as modified by applicable zoning regulations, the minimum building setback line on residential lots shall be thirty feet measured from the street right of way.
(f) Corner Lots. Corner lots shall be designed with due regard to setbacks and side yard limitations to allow reasonable construction and occupancy of permitted structures.
(g) Double Frontage. Double frontage lots other than corner lots or lots backing on a major street shall not be permitted.
1162.04 EASEMENTS.
(a) Easements for utilities shall be ten feet in width along the front lot lines.
(b) Easements for utilities or other purposes where necessary alongside and rear lot lines shall normally be twenty feet in width, with ten on each side of the lot line. Greater widths may be required if necessitated by unusual circumstances or excessive depths.
1163.01 CONFORMITY REQUIRED; PLAT APPROVAL; BONDING.
All improvements required by these Subdivision Regulations shall be constructed and completed under the supervision of and to the specifications required by the agency or agencies having jurisdiction over them. Final approval of any plat shall be withheld until a bond or other financial instrument approved by the Law Director has been posted in favor of the City or County, depending on the jurisdiction in the amount of 110 percent of the estimated cost of the improvements and the necessary inspections, or until a petition for improvement by assessment has been properly submitted under Ohio R.C. Chapter 727, provided, however, that final approval of any plat proposed to be improved by assessment shall not be granted until the owner has provided the City with a bond or letter of credit continuing through the period of the assessments in the amount of 100 percent of the estimated cost of the improvements.
1163.02 STREETS.
(a) New streets shall be paved to a minimum width as specified in Section 1162.01 (d), provided that in the case of an arterial, or major street, the requirements may be modified as follows:
(1) The subdivider shall not be required to pave any such arterial street to a width of more than twenty-four feet each side of the center line, or the equivalent in the case of a divided pavement; or
(2) The subdivider may enter into a contract with the City to pay into the City Treasury an amount equal to the cost of the pavement as required by subsection (a)(1) hereof, which amount shall then be used by the City in construction of the arterial street.
(b) When land is being subdivided along an existing street, the City may require that the pavement be widened. Such widening need not exceed twenty feet each side of the center line.
(d) Curbs and gutters shall be required in all subdivisions on both sides of each street within the subdivision.
(e) Materials and specifications for design and construction of streets, pavements, curb and gutter as required by this section shall be in conformity with current specifications on file in the office of the City Engineer.
1163.03 SIDEWALKS.
(a) Sidewalks shall be required on both sides of the street right of way in all subdivisions. Sidewalks shall be four feet wide with the line nearest the abutting property one foot from the abutting property line.
(b) Materials and specifications for the design and construction of sidewalks as required by this section shall be in conformity with current specifications on file in the office of the City Engineer.
1163.04 WATER SI3PPLY.
(a) A water supply serving all lots in any subdivision shall be required.
(b) Water mains shall be a minimum of 8 inches, adjusted accordingly for compliance with NFPA 1141 Standard 3-7.
(c) Where a public water supply is available as determined by the City, every lot in the subdivision shall be provided with a connection thereto.
(d) Where a public water supply is not available as determined by the City, the subdivider shall be required to construct wells or another private system subject to approval by the City or County agency having jurisdiction.
(e) Fire hydrants shall be installed in all subdivisions at all street intersections and at intervals of 300 feet, depending on the area being served.
(f) Materials and specifications for the design and construction of water mains and lot services as required by this section shall be in conformity with current specifications on file in the office of the City Engineer.
1163.05 SANITARY SEWER SYSTEM.
(a) A sanitary sewage disposal system serving all lots in any subdivision shall be required.
(b) Where a public sanitary sewer system is available, as determined by the City, every lot within the subdivision shall be provided with a connection thereto.
(c) Where a public sanitary sewer is not accessible, as determined by the City, the subdivider shall be required to provide an acceptable disposal system subject to the approval of the City, the County or any other agency having jurisdiction.
(d) Materials and specifications for the design and construction of the sanitary sewer and lot laterals as required by this section shall be in conformity with current specifications on file in the office of the City Engineer.
(e) Sanitary sewers shall be a minimum of eight inches and all sanitary laterals shall be a minimum of six inches.
1163.06 STORM SEWER SYSTEM.
(a) A system for disposal of storm drainage shall be required in all subdivisions.
(b) Where connection to existing public storm drainage facilities is available, as determined by the City, the storm drainage system of the subdivision shall be connected thereto, and every lot within the subdivision shall be provided with a connection thereto.
(c) Where connection to a public storm drainage system is not possible, as determined by the City, the subdivider shall be required to make such alternate provisions for storm drainage disposal as are approved by the City or County agency having jurisdiction.
(d) Storm sewers shall be a minimum of twelve inches and storm laterals shall be a minimum of eight inches.
(e) Each lot in any subdivision shall be so graded as to permit the flow of storm drainage from the entire lot to a public system for disposal.
(f) Materials and specifications for the design and construction of storm sewers, lot laterals and drainage facilities as required by this section shall be in conformity with current specifications on file in the office of the City Engineer.
(g) Any subdivision greater than one net acre shall also comply with the provisions of Chapter 1164, Storm Water Facilities.
1163.07 OTHER IMPROVEMENT.
(a) Requirements for Underground Wiring. The subdivider shall make arrangements for all lines for public utility services distributed by facilities such as wire or cable to be placed underground entirely throughout a newly subdivided area, except for major or secondary thoroughfare rights-of-way, and such conduits or cables shall be placed within private easements provided to such public utility service companies by the developer; provided, however, that overhead lines may be permitted within the limits of said newly subdivided area upon approval of the City Planning Commission and City Council at the time of final plat approval where it is determined that overhead lines will not constitute a detriment to the health, safety, general welfare, plat design and character of the subdivision. In the event that a public utility company foresees practical difficulties in complying with the requirements of this section, such company may petition the City Planning Commission and City Council for a variance. All such facilities placed in dedicated public ways shall be planned so as not to conflict with other underground utilities. All such facilities shall be constructed in accordance with standards of construction approved by the State. All drainage and underground public utility installations which traverse privately owned property shall be protected by easements granted by the subdivider.
(b) Street name signs shall be provided at all street intersections and shall be of a type approved by the City and shall be placed according to current specifications on file in the office of the City Engineer. Traffic regulations signs, as may be required, will be located as required by City Council.
(c) Street lighting of a type approved by the City shall be provided in all subdivisions.
(d) A street planting plan shall be submitted to the City for review by the City Tree Commission.
Upon receipt of the Tree Commission's recommendations, the City Planning Commission shall review the plan as part of the subdivision approval process. All trees planted shall be in accordance with the provisions of any applicable laws or regulations.
(e) Monuments consisting of steel pins one inch in diameter and not less than thirty inches in length shall be placed at all angle points, points of curves in streets and at intermediate points as required by the City, and at all lot corners.
(f) Permanent monuments consisting of a one-inch steel rod thirty inches in length with a surveyor's identification cap shall be placed at all block corners and at the intersections of all subdivision boundary lines.
(g) The subdivider shall enter into an agreement with the City containing a restriction upon the plat whereby the City's Zoning Inspector will not be permitted to issue a zoning certificate for any structure upon any lot within such subdivision until the improvements have been made with the City for the completion of such improvements. These plat restrictions shall be made a part of all deeds or contracts for any lot within the subdivision.
1164.01 DEFINITIONS.
(a) "Acre" means 43,560 square feet.
(b) "Detention" means storage of drainage for a short period of time and then release of the same at a controlled rate. The storage area may remain dry during non-drainage periods.
(c) "Flow (Q)" means the volume of liquids traveling through a vessel, such as a pipe, open ditch or orifice, per unit time, such as seconds.
(d) "1 Ft. 3" means 7.48 gallons.
(e) "n year" means, in theory, an intensity of rain that should occur in (n) years (inches/hour).
(f) "Orifice" means a device that controls the inlet and outlet of flow.
(g) "Q n" means, in theory, a flow that should occur one in (n) years.
(h) "Retention" means storage areas that maintain a planned permanent level of water for a considerable length of time for aesthetic, agriculture, consumptive, public safety or other uses, released at a controlled rate.
1164.02 DESIGN AND CONSTRUCTION GENERALLY.
The design and construction of storm water facilities in the City is under the jurisdiction of the Safety-Service Director and the City Engineer.
Surface water runoff from a development shall be drained through an adequate outlet. The location of the outlet shall be approved by the City. The outlet may be in a ditch, stream, storm sewer or approved retention basin, which has sufficient capacity to accommodate the runoff in a reasonable manner as determined by the City Engineer.
Drainage easements shall be a minimum width of twenty feet when located outside of the road or street right-of-way. This easement shall be shown on the final plat and/or the construction drawings and labeled "Storm Sewer Easement".
1164.03 DRAINAGE CALCULATIONS.
(a) Verification of Proposed Hydraulic Design. A professional engineer, licensed to practice in Ohio, shall submit detailed storm calculations and drainage maps of sufficient scale and contour interval to verify the proposed hydraulic design. A map indicating specific drainage basins shall be submitted.
(b) Surface Run-off. Surface run-off quantity shall be determined by one of the following methods:
(1) 100 acres or less - Rational Method (Q = CIA).
Where: Q = the peak run-off rate (cfs), and
C = the run-off coefficient (assumed to be dimension-less).
Note: The run-off coefficient can be assumed to be dimension-less because 1.0 acre-inch/hour is equivalent to 1.008 cubic feet per second (Ft3/sec or cfs).
I = the average rainfall intensity (in/hr) lasting for a critical period of time.
A = the size of the drainage area in acres.
A. Intensity of precipitation for any given storm duration (concentration time off). Ohio Department of Transportation (ODOT) curves show the average precipitation intensity of storms of two, five, ten, twenty-five, fifty and 100-year frequencies. These values may be used for drainage calculations using the Rational Method for tributary areas of 100 acres or less.
B. Inlet time. At the head of the system the inlet may vary from five to twenty minutes, depending upon the size of the area and factors affecting rapid run-off.
C. Run-off coefficient. Compute a weighted value of the drainage areas, using generally accepted engineering criteria.
(2) More than 100 acres - Urban Hydrology for Small Watersheds, Technical Release No. 55, U.S. Department of Agriculture, Soil Conservation Service.
1164.04 SYSTEM SIZING.
Proper engineering calculations shall be used to determine pipe, culvert, ditch, orifice and inlet control devices sizing.
(a) Mannings equation may be used to size pipes, culverts and ditches, as follows:
Q = (1.49/n) AR- S1/2
Where: Q = discharge (cfs)
n = Manning's roughness coefficient
A= Cross-sectional area (SF)
R = the hydraulic radius
Note: R = wetted perimeter/cross-sectional area
S = Slope of the channel or pipe (ft/ft)
(b) The size of storm lines shall be determined on the basis of the hydraulic gradient to provide adequate capacity of the computed run-off, using n=0.015 for vitrified clay and concrete pipe, bituminous paved corrugated metal pipe plan 0.024, paved invert 0.020, asphalt spun 0.013, and brick sewers and n = 0.013 for monolithic concrete sewers.
(c) All storm sewers shall be designed with a hydraulic slope sufficient to provide a mean velocity when flowing full, of not less than three feet per second. Where the velocity exceeds twelve feet per second, special provisions shall be made to protect against erosion and displacement.
(d) All storm sewers shall be properly sized, but in no case shall the size of the lines be less than twelve inches in diameter.
(1) All storm sewers shall be sized to flow approximately full for a five year storm. The size shall be determined by working downstream from the inlet of the first sewer run.
(2) The hydraulic gradient for a ten year storm shall be kept below the catch basin grates in all cases. This will eliminate storm water being detained on the pavement surface during this period.
(e) The design frequency to be used for an individual structure and/or system may be altered by the City where the health and safety of the residents would be endangered by the hazards of flood waters or increased flows. Minimum depth for storm sewers shall be planned to provide clearance for all utilities and to permit inlet leads to be laid on not less than one percent (1%) slope.
(g) When storm sewers are increased in size in the direction of flow, the invert of the larger pipe shall be lowered to maintain the same energy gradient (place the crowns of both pipes at the same elevations). A larger pipe shall not discharge into a smaller pipe unless specifically approved by the City.
(h) All drainage structures and appurtenances shall comply with applicable City specifications and/or the most current edition of ODOT's Construction and Materials Specifications and Standard Construction Drawings. Any discrepancy between the two shall be decided by the City.
1164.05 STORM WATER RETENTION/DETENTION.
(a) Maximum Discharge Levels. All sections of this chapter are hereby qualified to prevent damages caused by accelerated storm water runoff, increased peak rates of runoff and volumes of runoff from developing areas. Storm water runoff shall be controlled, such that in no event shall the post development storm discharge exceed the pre-development discharge quantity at any point along the boundary of the development.
(b) Calculations.
(1) The volume, in cubic feet, of a retention/detention pond, shall be calculated as follows:
A. The peak rate of runoff from a Critical Storm (as determined below) and all more frequent storms occurring on the development area does not exceed the peak rate of runoff from a two year storm (in cfs) (Q2) over the same area under pre-development conditions.
B. Storms of less frequent occurrence than the Critical Storm, up to the one hundred (100) year storm, have peak runoff rates no greater than the peak runoff rate from an equivalent year storm under pre-development conditions.
(2) The Critical Storm for a specific development area is determined as follows:
A. Determine by appropriate hydrologic methods the total volume of runoff from a two year storm occurring over the development area before and after development.
B. From the volumes determined in subsection (b)(2)A. hereof, determine the percentage increase in volume of runoff due to development. Using this percentage, select the Critical Storm from the following table:
% Increase in Volume of Runoff | "Critical Storm" Discharge Limitation Year | |
(at least) | (but less than) | |
0 | 20 | 2 |
20 | 50 | 5 |
50 | 100 | 10 |
100 | 250 | 25 |
250 | 500 | 50 |
500 or more | 100 | |
(3) Retention/detention storage volumes shall be calculated by Soil Conservation Service (SCS) TR-55 or other approved methods.
(4) Retention/detention storage outlet pipes shall be designed for discharge based on the runoffs as calculated in subsection (b) hereof.
(5) Storage volume does not have to be provided for runoff from off-site upstream areas. Upstream runoff should be conveyed through the site in accordance with the current runoff conditions.
(6) No on-site drainage shall outlet downstream of the main retention/detention facility without providing supplemental retention/detention as per the above criteria, or an equivalent reduction in the retention/detention outlet.
(7) An overflow outlet shall be incorporated in the design of detention/retention basins to protect the surrounding structures in the event of an overflow.
(8) Maximum slope of the basin shall be a 3:1 grade.
CODIFIED ORDINANCES OF FOSTORIA