Johnstown City Zoning Code
TITLE ONE
Subdivision Regulations
1101.01 MEANINGS OF WORDS.
The following words and phrases when used in the Subdivision Regulations shall have the meanings respectively ascribed to them unless otherwise indicated.
1101.02 PLAT.
“Plat” means a map of a tract or parcel of land.
1101.03 SUBDIVISION.
“Subdivision” means:
(a) The division of any parcel of land shown as contiguous units on the last preceding tax roll, into two or more parcels, sites or lots, any one of which is less than five acres, for the purpose, whether immediate or future, of transfer of ownership, provided, however, that the division or partition of land into parcels of more than five acres not involving any new streets or easements of access, and the sale or exchange of parcels between adjoining lot owners, where such sale or exchange does not create additional building sites shall be exempted; or
(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.
1101.04 LOT.
"Lot" means a portion of a subdivision or other parcel of land intended as a unit for transfer of ownership.
1101.05 IMPROVEMENTS.
"Improvements" means street pavements, with or without curb and gutter, sidewalks, driveways, water mains, elevated water storage tanks, sanitary and storm sewers.
1101.06 RIGHT OF WAY.
"Right of way” means the width between property lines of a street, parkway, alley or easement.
1101.07 EASEMENT.
"Easement" means a grant by the property owner of the use of a strip of land by the public or by a private or public utility for access in constructing and maintaining utility services.
1101.08 SUBDIVISION REGULATIONS.
“Subdivision Regulations" means Title One of this Part Eleven - Planning and Zoning Code.
1101.09 PLANNING AND ZONING COMMISSION.
"Planning and Zoning Commission" means the Planning and Zoning Commission of the Village of Johnstown.
1101.10 MANAGER.
1103.01 VARIANCES.
In cases where unusual topographical or other exceptional conditions require modification of the provisions of the Subdivision Regulations, the Planning and Zoning Commission shall have authority to modify these rules and regulations, subject to approval by Council.
1103.02 APPROVAL OF SUBDIVISION WITHOUT PLAT.
Notwithstanding any other provisions of the Subdivision Regulations, a proposed division of a parcel of land along an existing public street, not involving the opening, widening or extension of any street or road, and involving no more than five lots after the original tract has been completely subdivided, may be submitted to the Planning and Zoning Commission for approval without plat. If the Planning and Zoning Commission, acting through a properly designated representative thereof, is satisfied that the proposed division is not contrary to applicable platting, subdividing or zoning regulations, it shall, within seven working days after submission, approve the proposed subdivision, and, on presentation of a conveyance of the parcel, shall stamp the same "Approved by the Planning and Zoning Commission; No Plat Required", and have it signed by its secretary or other official as may be designated by it. The Planning and Zoning Commission may require the submission of a sketch and such other information as is pertinent to its determination herein.
1103.03 CONFLICT.
All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict.
1103.04 SEVERABILITY.
Each section and each part of each section of this Zoning Ordinance is hereby declared to be an independent section or part of a section and, notwithstanding any other evidence of legislative intent, it is hereby declared to be the controlling legislative intent that if any such section or part of a section, or any provision thereof to any person or circumstance is held to be invalid, the remaining sections or parts of sections and the application of such provision to any other person or circumstances other than those as to which it is held invalid, shall not be affected hereby, and it is declared to be the legislative intent that the other provisions of such section, sections or parts of a section so held to be invalid.
1105.01 SKETCH SUBMITTED FOR SUGGESTIONS.
The owner of land who desires to subdivide it may submit a sketch of the plat to the Planning and Zoning Commission for its comments and suggestions. The owner can then make such corrections and changes as agreed upon before preparing and submitting his preliminary plat for consideration.
1105.02 COPIES TO BE SUBMITTED.
The owner of land who desires to subdivide it shall submit to the village offices ten copies of a preliminary plat for approval at least twelve days prior to the date of the Commission’s regular or special meeting and ten copies of a preliminary plat for comment only at least five days prior to the Commission’s regular or special meeting. A copy of the plat shall be in the possession of each commission member for a minimum period of five days before consideration for approval.
(Ord. 21-98. Passed 10-20-98.)
(Ord. 21-98. Passed 10-20-98.)
1105.03 FEES.
A fee shall be paid at the time of submission of the preliminary plat in accordance with a fee schedule established by ordinance of Council.
1105.04 CONTENTS.
(a) The preliminary plat shall contain the following:
(1) The scale, with a minimum of one inch to equal one hundred feet;
(2) The proposed name of the subdivision;
(3) Key map showing location within the City;
(4) Names and addresses of owners, developers and the surveyor who made the plat;
(5) Date; and
(6) North point.
(b) The following existing conditions shall be shown on the plat:
(1) Boundary lines and approximate acreage;
(2) Locations, widths and names of all existing or previously platted streets or alleys, railroad and utility rights of way, parks and public open spaces, permanent buildings and structures and all section and corporation lines within or adjacent to the tract;
(3) Existing sewers, water mains, culverts and other underground facilities within the tract, including pipe sizes, elevations and grades, if readily available, and locations, if known or available;
(4) Boundary lines of adjacent tracts or unsubdivided and subdivided land;
(5) Existing zoning restrictions;
(6) Existing contours, with intervals of five feet where the slope is greater than ten percent (10%) and not more than two feet where the slope is less than ten percent (10%); and
(7) Drainage channels, wooded areas, watercourses and other significant physical features.
(c) All elevations on the preliminary plat shall be based on sea level datum.
(d) The following proposed conditions shall be shown:
(1) Layout of streets and right-of-way widths;
(2) Easements;
(3) Layout, numbers and dimensions of lots;
(4) Parcels of land intended to be dedicated or temporarily reserved for public use;
(5) Building setback lines shown graphically with dimensions;
(6) Preliminary plan for water, sewer, storm drainage and other utility systems, as well as a general analysis by a Professional Engineer attesting to the general engineering feasibility of the project, as proposed.
(7) Indication of any lot on which a use other than residential is proposed by the owner;
(8) Names of new streets which shall not duplicate names of any existing dedicated street within Licking County and/or its incorporated areas; and
(9) New streets which are extensions of or in alignment with existing streets; which shall bear the names of the existing streets of which they are extensions or with which they are in alignment.
(e) All new streets shall be named in the following manner and shall be subject to the approval of the Planning and Zoning Commission:
General Direction | Over 1000 feet in Length | Under 1000 feet in Length |
North and South | Street | Places |
East and West | Avenues | Courts |
Diagonal | Roads | Ways |
Curving | Drives | Circles |
(Ord. 27-2021. Passed 7-20-21.)
1105.05 APPROVAL OF PRELIMINARY PLAT.
When a plat is filed with the Manager, he shall examine it to determine whether or not it complies with the requirements of Sections 1105.02 through 1105.04, inclusive. The Manager shall refer the examination of the plat to the Village Engineer. If the plat does not meet the requirements, the Manager shall return it to the owner who shall revise and refile it. If the plat meets the requirements, the Manager shall lay it before the Planning and Zoning Commission at its next meeting. The Commission shall thereupon examine it and approve it within thirty days if it is satisfied that it complies in all respects with this chapter. The approval of the Planning and Zoning Commission shall be indicated in writing on two copies of the preliminary plat which will be returned to the owner and surveyor. The remaining four copies bearing the notation of approval shall remain on file in the office of the Manager, available to the public. The approval of a preliminary plat shall be effective for a maximum period of twelve months, unless extended in writing by the Planning and Zoning Commission.
1107.01 SUBMISSION PROCEDURE; CONTENTS.
(a) The owner shall submit a final plat of a subdivision on tracing cloth not less than sixteen inches by twenty-two inches nor greater than thirty inches by forty-two inches in size. The scale shall be not less than one inch equals one hundred feet. Multiple pages may be used for plats of large areas. Ten copies of the final plat for approval at least twelve days prior to the date of the Commission’s regular or special meeting and ten copies of the final plat for comment only at least five days prior to the Commission’s regular or special meeting. Action will be taken by the Commission and by Council within thirty days after the filing.
(Ord. 21-98. Passed 10-20-98.)
(b) If the plat is approved by Council, the owner shall file and record the plat with the County Recorder within three months after approval. If not recorded within the time, the approvals of the Planning and Zoning Commission and Council shall become void. The final plat shall contain all the information required for the preliminary plat, except topography, cultural features and utilities.
1107.02 ADDITIONAL REQUIRED INFORMATION.
(a) A final plat shall contain the following additional information:
(1) Boundary of plat based on an accurate traverse with angular and lineal dimensions;
(2) True angle and distance to the nearest street intersection, accurately described on the plat;
(3) Municipal, township, county or section lines accurately tied to the lines of the subdivision by distances and angles;
(4) Radii, internal angles, points of curvature, tangent bearings and lengths of all chord dimensions;
(5) All lot numbers and lines with accurate dimensions in feet and hundredths and bearings in degrees and minutes;
(6) Accurate location of all monuments which shall be concrete six inches by six inches by thirty inches or six inches in diameter by thirty inches with an iron pin or brass plug cast in the center. One such monument shall be placed at each extreme corner of the subdivision. All lots shall be marked with steel pins and in place after a building is completed.
(7) Exact location, width and name of all streets or other public ways;
(8) All easements, accurately located and stating the purpose of which they are intended; and
(9) Accurate outlines and legal description of any areas to be dedicated or reserved for public use with purposes indicated thereon, and of any area to be reserved by deed covenant for the common use of all property owners.
(b) A final plat shall also contain:
(1) A certificate by an Ohio registered surveyor that the plat represents a survey made by him and that the monuments shown exist as located or will be set following construction and that all dimensional and geodetic details are correct.
(2) Notarized certification and acknowledgment by the owner or owners of the adoption of the plat and the dedication by them to public use of the streets and other public areas shown on the plat. No property should extend to the center of a right of way;
(3) Proper form for the approval of the Planning and Zoning Commission with space for the signature of the Chairman;
(4) Space for approval by signature of the Village Engineer and the Manager;
(5) Proper form for approval and acceptance by Council, showing chapter number, and provision for signature by the Village Clerk; and
(6) Space for transfer by the County Auditor and recording by the County Recorder. A statement of the expiration date of the Village approval shall be placed ahead of the space provided for the County Auditor's signature.
1107.03 COPIES TO BE FILED.
Two copies of the final plat, one of which shall be a reproduced linen tracing, showing all approvals and the date and place of recording shall be supplied by the owner to the Village Clerk as local public records.
1107.04 TRANSFER OF LOTS BY SUBDIVIDER.
The subdivider shall not transfer any lot, parcel or tract of a proposed subdivision, nor shall he proceed with any construction work on it, including grading, until approval is received of the final plat and compliance is made with the other provisions of the Subdivision Regulations.
1107.05 TRANSFER OF LOT CONTRARY TO PLAT PROHIBITED.
The owner of the subdivision shall make no conveyance of any lot smaller in width or area than indicated on the plat, except for the purpose of increasing the area of another lot.
1107.06 SUPERVISION OF INSTALLATION OF IMPROVEMENTS.
All construction work and materials used in connection with public improvements in the area platted shall conform to requirements of the Village Engineer and Village specifications and be installed under his supervision.
1107.07 BOND FOR IMPROVEMENTS; DEPOSIT AND INSURANCE.
(a) Prior to the commencement of any street or private roadway, the owner or developer shall provide a bond or irrevocable letter of credit, acceptable to the Village, or a cashiers check, in an amount not less than one hundred ten percent (110%) of the final construction cost for such street or private roadway. Such bond shall guarantee, and such letter of credit or cashiers check shall remain payable to the Village for the purpose of, completion of the such street or private roadway within one year from the date of commencement of construction or such time as may be agreed to by the Village Manager. In addition, a bond, cashiers check, or letter of credit in the amount of ten percent (10%) of the final construction cost shall be provided for a maintenance period of one year beginning with the date of acceptance of the street improvements by the Village.
(Ord. 2-99. Passed 1-19-99.)
(b) In lieu of a bond for sanitary sewer and water main improvements, the Village may accept private agreements for sanitary sewer and water main construction and maintenance. Such agreements shall be executed on forms approved and supplied by the Village.
(Ord. 1983-20. Passed 8-16-83.)
(Ord. 1983-20. Passed 8-16-83.)
(c) The owner or developer shall, prior to the commencement of review of plats or plans by the Village Engineer, or prior to the supervision of installation of improvements by the Village Engineer, deposit with the Village Clerk a sum of money as prescribed by the Manager to defray the cost of the engineering or inspection services to be provided, and any expense incurred by the Village due to the review of the plat and plans and installation of the improvements. Should the amount of such deposit be insufficient to pay the cost thereof, the owner or developer shall immediately, upon demand, deposit such additional sums as are estimated by the Manager to be necessary. The Manager shall not obligate the Village for payment of such engineering services prior to receipt of the funds to be deposited by the owner or developer. Further, the Manager shall have the authority to order that work be stopped on any review of plats or plans or upon the installation of improvements, for which such deposit has not been made. Upon completion and acceptance of any such improvement, any unexpended balance remaining from such deposits shall be refunded to the owner or developer who paid such deposit. The Clerk shall provide to Council on a monthly basis a tabulated recap by project of the deposited fund balances and outstanding deficiencies.
(Ord. 1994-20. Passed 9-6-94.)
(d) The subdivider shall hold the Village harmless from any claims for damages of every nature arising or growing out of the construction of such improvements, and shall defend, at his cost and expense, each suit or action brought against the Village by reason thereof, until the improvement has been accepted by the Village and the developer notified in writing. The subdivider shall furnish proof to the Village at the time of commencing construction of possession of personal injury liability insurance of not less than one hundred thousand dollars/three hundred thousand dollars ($100,000/$300,000) and property damage liability insurance of not less than one hundred thousand dollars ($100,000).
(Ord. 1983-20. Passed 8-16-83.)
(Ord. 1983-20. Passed 8-16-83.)
(e) If any violations of, or noncompliance with, any of the provisions and stipulations of this chapter occurs, the Village shall have the right to stop the work without delay and hold the bonding company responsible for the completion of the improvement or use the cashiers check or letter of credit, or proceeds thereof, for such purpose.
(Ord. 1992-10. Passed 3-31-92. )
1109.01 IMPROVEMENTS TO BE PAID FOR BY SUBDIVIDER.
(a) The owner of land who desires to subdivide it shall provide and pay the entire cost of improvements to such land as follows:
(1) Before the construction of any building, street improvements shall consist of grading the right of way for full width; construction of permanent curbing and roadway and construction of drainage structures and appurtenances. Two roof drain openings shall be provided in the curb for each lot;
(2) Sanitary sewers, including manholes and pump stations, services and all appurtenances;
(3) Water distribution system, including mains, services, valves, fire hydrants, elevated storage tanks and all appurtenances;
(4) Sidewalks on both sides of a street in any subdivision, plus curbs and sidewalks on existing streets if feasible;
(5) Storm sewers, including manholes, inlets and all appurtenances;
(6) Driveways paved with concrete or asphalt.
(b) All phases of the improvement shall be approved by the Village Engineer and shall be constructed in accordance with Village specifications.
1109.02 INSPECTION DURING INSTALLATION.
The construction of all improvements shall be inspected by the Village Engineer at the time of installation. Under no circumstances are such installations to be made without an inspector on the job. The Village Engineer and Manager shall be notified three days before any construction work is begun.
1109.03 CONSTRUCTION DRAWINGS; DIMENSIONS; REVISION.
(a) All construction drawings for improvements shall be on a horizontal scale of one inch to fifty feet and vertical scale of one inch to five feet. The sheet size shall be twenty-two inches by thirty-six inches.
(b) Upon approval and acceptance of all improvements, the original construction drawings for the improvements shall be revised to reflect the actual construction. All drawings including the master grade plan or reproductions thereof on tracing cloth shall become the property of the Village and shall be on file in the office of the Village Engineer.
1109.04 ACCESS ROADWAY CONSTRUCTION IN AR DISTRICTS.
All tracts having a zoning classification of AR-1 or AR-2 shall have access roadways of not less than twenty-six feet in width and full width unobstructed access to a public street, alley or highway. The pavement shall be constructed on a properly prepared subgrade and shall consist of not less than six inches of portland cement concrete with integral curbing, or six inches of compacted aggregate base course and two inches of asphalt concrete surface course with portland cement concrete curbing or combined curb and gutter. Curbing may be eliminated to permit access to parking areas only.
1109.05 ACCESS ROADWAY ILLUMINATION.
All access roadways shall be illuminated and accessway intersections shall be individually illuminated.
1109.06 WALKWAY ILLUMINATION IN AR DISTRICTS.
All walkways constructed in tracts having a zoning classification of AR-1, shall be illuminated. Potentially hazardous locations, such as steps or stepped ramps, shall be individually illuminated.
1109.07 PARKING SPACES IN AR DISTRICTS.
All tracts having a zoning classification of AR-1 or AR-2 shall be provided with at least two off-street parking spaces for each apartment unit. The minimum area for each parking space shall be 200 square feet and the pavement surface shall be portland cement concrete or asphalt concrete.
1109.08 DRAINAGE IN AR DISTRICTS.
All tracts having a zoning classification of AR-1 or AR-2 shall be located on a well drained site, properly graded to insure rapid drainage. All drainage for buildings and the site are subject to the provisions and conditions approved by the Village Engineer and Manager, so long as the same will not adversely affect adjacent property owners and/or premises owned by the Village and dedicated for public use, or any drainage facilities that are not to be dedicated to the Village for public use.
1109.09 UNDERGROUND TELEPHONE, ELECTRIC AND OTHER LINES IN AR DISTRICTS.
All telephone, electrical and other distribution lines in tracts having a zoning classification of AR-1 or AR-2 and having private roadways, shall be installed in underground conduits. No overhead lines shall be permitted. All service, utility and fire hydrant placements shall be approved by the Village Engineer and Manager and shall comply with Village standards.
1109.10 VILLAGE MAY REQUIRE OTHER IMPROVEMENTS.
1109.11 DEPOSIT REQUIRED WITH IMPROVEMENTS PLAN.
The owner or developer shall, prior to review of the plans and construction, deposit with the Village a sum of money as prescribed by the Manager to defray the cost of engineering and inspection services to be provided, and any expense incurred by the Village due to review of the plans and installation of the improvements. Should the amount of such deposit be insufficient to pay the cost thereof, the owner or developer shall immediately, upon demand, deposit such additional sums as are estimated by the Manager to be necessary. Upon satisfactory completion of the improvement any unexpended balance remaining from such deposits shall be refunded.
1109.12 COMPLIANCE REQUIRED TO OBTAIN BUILDING PERMIT OR OCCUPANCY CERTIFICATE.
1109.13 SERVICE ROADS.
(a) Service Roads Authorized. When it is determined by the Village Engineer that the roadways provided in the Subdivision Regulations are not satisfactory for the needs of special circumstances; additional roadways, designated "service roads", may be prescribed by the Village Engineer. These service roads shall be shown on the plat of a subdivision in such locations as are determined by the Village Engineer, subject to plat approval, as provided by the Subdivision Regulations.
(b) Service Road Right of Way. When it is determined that service roads may be included in a subdivision plat, the right-of-way for the road shall be no less than thirty-two feet in width and shall be dedicated to public use in the same manner as prescribed in the Subdivision Regulations for all other public roads.
(c) Service Road Specifications. Service roads shall be constructed of materials and to design section as shown on the revised standard construction of materials, drawing File R-23A as presently constituted and as hereafter amended on file with the Village Engineer and Manager.
(d) Sidewalks Not Required. No sidewalks or other provision for traffic, other than motor vehicular traffic, shall be required in conjunction with the construction of any service road.
1109.14 STREET LIGHTING.
1109.15 DESIGN AND LAYOUT.
The design and layout for the street lighting, the underground wiring and other pertinent equipment to be used shall be designed by a registered professional engineer, licensed to practice engineering in the State of Ohio and approved by the Village Engineer.
(a) All energy lines leading to the light standard shall be underground in new developing subdivisions.
(b) All street lighting designs are to be coordinated with the supplier of electric energy. Two drawings for each street lighting layout shall be submitted to the supplier of electric energy for record purposes.
(c) Street lights are to be installed with not less than 160 feet spacing nor more than 240 feet spacing.
(d) The drawings are specification sheets for street light standards, luminaries, mercury vapor lamps and pedestal termination points and will be available at the Manager’s office.
(e) All connections to supplier of electric energy secondary service locations shall be made by supplier.
1109.16 LIGHTS TO BE INSTALLED.
Any person, firm or corporation desiring final acceptance of a street, shall, before final acceptance is granted, have the street lights installed and ready for use.
1109.17 MAINTENANCE OF LIGHTING IS RESPONSIBILITY OF VILLAGE.
It shall be the responsibility of the Village to secure the energy for lighting and to maintain the installations.
1109.18 DAMAGES TO DISTRIBUTION SYSTEM.
Any contractor or agent for the developer, while in the process of installing street lights, who damages the distribution system of an electric energy supplier shall be liable for such damages and for any other cost as a result of such damages, and the energy supplier may charge and receive payment for such damages from the party responsible.
1109.19 COMPLETION BOND REQUIRED.
If conditions are such that street lights cannot be installed prior to the acceptance of the streets upon which the street lights are to be installed as required in Section 1109.16, the person, firm or corporation requesting acceptance of such streets shall deposit with the Director of Finance an amount of cash or a performance bond in form satisfactory to the Law Director, equal to one and one-half times the estimated cost of the installation of street lights as security for the installation of such lights, which installation shall be completed within six months of the date of deposit of such funds or bond. Failure on the part of such person, firm or corporation to complete the installation within six months shall be cause for the Manager to order installation by such other contractor as he may choose and cause the cost of installation to be paid from the funds or bonds so deposited. That portion of such funds not used for the installation shall be returned to the depositor at the completion and acceptance by the Village of the street lighting installation.
1109.20 EASEMENT FOR ENERGY LINES TO LIGHT STANDARDS.
The developer shall provide the necessary easements for street lighting. The Village Engineer will coordinate with the developer, where necessary, the easement leading to the electric lighting standard so that lighting may be properly spaced.
1111.01 STREETS.
(a) Streets shall be dedicated to public use by the owner. Minor residential streets shall be so designed as to discourage their use by nonlocal traffic. Except where necessitated by local conditions, alleys will not be approved in areas which are designated residential districts under the Village Zoning Ordinance. Dead-end alleys are prohibited in all districts. Easements for utilities shall be provided along side or rear lot lines where possible. Street rights of way shall have the following minimum widths:
(1) Primary, which include Federal, State and roads which are main arteries of access to the Village: 100 feet; an additional width of forty-five feet shall be provided to accommodate a service drive wherever lots are to face a primary road;
(2) Secondary, which are next in importance as avenues of access between sections of the Village as opposed to commercial traffic and nonlocal traffic: eighty feet;
(3) Collector, which are within a new subdivision: sixty feet;
(4) Minor, which are completely residential in nature: fifty feet;
(5) Cul-de-sac circles: minimum diameter of 100 feet for right of way;
(6) Alleys: twenty feet;
(7) Easements: as required.
(b) Minimum pavement widths shall be as follows:
(1) Primary: variable as conditions may require;
(2) Secondary: thirty-six feet;
(3) Collector: thirty-two feet;
(4) Minor: twenty-six;
(5) Cul-de-sac circles: as approved by the Village Engineer;
(6) Alleys: eighteen feet;
(7) Service drives: twenty feet;
(8) Sidewalks: four feet minimum; residential and minimum width in commercial districts to be as approved by the Village Engineer.
(c) The maximum grades shall be:
(1) Primary streets: four percent;
(2) Secondary streets: five percent;
(3) Collector, minor streets and alleys: six percent.
(d) The minimum grade for any street shall be one-half of one percent (.5%) at the gutter, unless otherwise approved by the Village Engineer. Street intersections shall be rounded by radii not less than twenty feet at the curbline. Sidewalks shall be located as approved by the Village Engineer.
(e) All street construction and specifications for materials shall be in conformity with standards required by the Village.
(f) The plans shall bear the approval of the Village Engineer and the Manager, and places shall be provided for such signatures, including that of the Village Clerk. The plans shall be submitted to the Village Clerk at least one week in advance of a regularly scheduled Council meeting.
1111.02 PRIVATE ROADWAYS.
(a) As used in this section, "private roadway" means any passageway designed for use by motor powered vehicles, upon property owned by one or more persons, firms or corporations where such passageway serves in excess of four dwelling units.
(b) All proposed private roadways and their pavement widths shall be shown on the preliminary and final plats filed in accordance with these Subdivision Regulations.
(c) All private roadways shall be improved with a hard surface of concrete, asphalt or other similar products or combination of products. The construction and specification for materials for private roadways shall conform with standards provided by the Village as in the case of minor streets.
(d) The minimum pavement width for private roadways shall be twenty-six feet and the maximum grade shall be six percent (6%), however, the minimum grade for private roadways shall be one-half of one percent (.5%) at the gutter, unless otherwise approved by the Village Engineer.
(e) Every private roadway ending in a dead end cul-de-sac circle shall have a minimum pavement width as approved by the Planning and Zoning Commission to assure access to the area for fire equipment and to facilitate the turning of vehicular traffic. In approving such minimum pavement widths the Planning and Zoning Commission shall consider whether such cul-de-sac or turn-around will be used for parking vehicles.
1111.03 SANITARY SEWERS.
(a) Plans and profiles of sanitary sewers shall be submitted to the Manager. All grades, pipe sizes, manholes and other appurtenances shall be shown and installation and materials shall be in conformity with Village standards.
(b) Sewer plans shall bear the approval of the Manager and the Village Engineer. Places shall be provided for their signatures, and that of the Village Clerk.
1111.04 WATER DISTRIBUTION.
(a) Plans of the proposed water distribution system shall be submitted to the Manager. All plans shall show pipe sizes, locations of valves, fire hydrants and other appurtenances. Installation and materials shall be in conformity with Village standards and the standards of the Ohio Environmental Protection Agency.
(b) Water distribution system plans shall bear the approval of the Manager and the Village Engineer. Places shall be provided for their signatures and that of the Village Clerk.
1111.05 STORM SEWER SYSTEM.
(a) Proposed storm sewers, including grades, pipe sizes, manholes, inlets and appurtenances may be shown on the street improvement plans. The plans shall be submitted to the Village Clerk at least one week in advance of a regularly scheduled Council meeting. Installation and materials shall be in conformity with Village standards and the standards of the Ohio Environmental Protection Agency.
(b) The owner or developer shall follow the recommendations of the Village Engineer with regard to the proper method and direction of drainage storm water following review of the proposed plan of such drainage as submitted by the subdivider or his engineer.
(c) The storm sewer plans, if not incorporated as part of the street improvement plans, shall bear the approval of the Village Engineer and the Manager. Places shall be provided for their signatures, and that of the Village Clerk.
1111.06 LOTS AND BLOCKS.
(a) Every lot shall abut on a dedicated street. Double frontage lots shall be avoided. At the intersection of two streets, property line corners shall be rounded by an arc with a minimum radius of ten feet. Size, shape and orientation of residential lots shall be appropriate to the location of the proposed subdivision and for the types of development contemplated and in conformity with the Village Zoning Ordinance, with proper regard given yard areas, setback lines and all other provisions of the Village Zoning Ordinance. Excessive depths in relation to length shall be avoided. A proportion of two to one depth to frontage shall be normal and depths in excess of three times the lot width are not recommended. Side lines of lots shall be approximately at right angles or radial to the street line. Corner lots shall have extra width sufficient to permit maintenance of building lines on both front and sides of lot. The maximum length of blocks may not exceed 1800 feet except where topographic conditions require longer blocks, nor shall they be less than 400 feet in length. Wherever blocks are longer than 900 feet, crosswalks or crosswalk easements not less than ten feet in width may be required near the center of the block, and Council may require that a sidewalk be constructed in accordance with Village standards for sidewalk construction. The width of a block shall normally be sufficient to allow two tiers of lots of appropriate depth except where double and reverse frontage lots are allowed. Where frontage on a primary street is involved, the long dimension of the block shall front thereon in order to minimize access intersections.
(b) Where either sanitary sewer or water service is not available, lots shall give a minimum area of 10,000 square feet. Where neither sanitary sewer or water service is available, lots shall have a minimum frontage of 100 feet and a minimum area of 20,000 square feet.
1111.07 DRAINAGE.
(a) The Planning and Zoning Commission shall not approve any subdivision having inadequate storm drainage or other physical drainage impairment as determined by the Village Engineer. In areas known to be subject to periodic floods, such drainage improvements shall be made as to satisfy the Village Engineer and the Manager in order that the health and welfare of the people will be protected.
(b) No natural drainage course shall be altered and no fill, buildings or structures shall be placed in it unless provisions are made for the flow of water in a manner satisfactory to the Village Engineer. An easement shall be provided on both sides of any existing important surface drainage course adequate for the purpose of protecting, widening, deepening, enclosing or otherwise improving such stream for drainage purposes.
(c) A master grade plan shall be prepared for all subdivisions and shall be presented to the Manager for review and approval by the Village Engineer. The grading plan shall show the existing topography, the proposed street grades and the proposed storm sewers with pipe sizes and grades. It shall also show the proposed and shall delineate the method of rear yard drainage by showing proposed scales and direction of surface slope by arrows. The grading plan shall follow the standards as established for such grading by the Federal Housing Administration.
(d) Wherever possible, with exceptions being made where the topography of an area does not permit such grading practice, lots shall be graded from the rear lot line to the street. Where a lot abuts directly on two streets, the grade shall be from the corner of the lot which is diagonally opposite to the corner of the two streets on which the lot abuts. This section is included in order to reduce the amount of water standing in yards to a minimum. Therefore, where it is not possible to grade a lot in the prescribed manner, the owner or developer shall provide for the adequate drainage of any and all low areas and tie such drainage into and make it a part of the storm sewer system, the development and the Village as directed by the Village Engineer with approval of such drainage subject to inspection by the Village Engineer along with the inspection of other storm sewer installations.
1111.08 PUBLIC AREAS.
(a) When a proposed subdivision contains an area described as a proposed public building site, park, playground or other public area, that area shall be dedicated on the plat to the Village or reserved for acquisition by the Village within a period of five years by purchase or other means. From five to ten percent of the area of each residential subdivision, exclusive of streets, should be allocated for recreational use.
(b) Where feasible, the developer and the Village may work out an arrangement for parks and recreational facilities.
(c) Proposed large scale neighborhood unit developments and similar unusual developments may require the reservation or dedication of such additional areas or sites of a character, extent and location suitable for the needs of the community facilities created by such particular developments where deemed necessary by the Planning and Zoning Commission.
(d) Natural features of beauty such as trees, brooks, topography and views shall be preserved whenever possible in designing any subdivision.
1111.09 UNDERGROUND ELECTRIC AND TELEPHONE LINES.
(a) As used in this section, "subdivision" refers only to residential subdivisions of more than eleven lots platted subsequent to July 1, 1967.
(b) Unless the subdivision has been exempted from the requirements of this section, as provided in subsection (e) hereof, all telephone and electric distribution wires, conduits and cables therein shall be installed underground, except as necessary to bring service to the subdivision, and except for existing overhead facilities and any rearrangement, improvement or addition thereto.
(c) The preliminary plat with respect to the subdivision shall be submitted to the Village Engineer and to the electric and telephone utility companies which will provide service to the subdivision for their recommendations with respect to the width and location of easements for electric and telephone distribution cables and related facilities. The recommendations of the Village Engineer and such utility companies shall be submitted to the Planning and Zoning Commission by the owner of the subdivision together with the plat of the subdivision. Prior to approving the plat of the subdivision, the Planning and Zoning Commission shall determine that adequate easements are provided for all utility services, including underground electric and telephone distribution wires, conduits, cables, gas pipelines, sewer and water lines. The owner of the subdivision shall, at the time the plat of the subdivision is submitted for approval, present such evidence as the Planning and Zoning Commission deems necessary to ensure that the owner shall make or has made provision for all utility services including underground electric and telephone distribution wires, conduits, cables, gas pipelines, sewer and water lines in accordance with this section, adequate for the anticipated needs of the subdivision.
(d) The construction of all underground facilities shall meet the minimum requirements of the Public Utilities Commission of Ohio or any code approved or adopted by the Public Utilities Commission of Ohio.
(e) If, in the opinion of the owner of any subdivision or a portion thereof, or any interested utility company, the installation of underground facilities is economically or physically unfeasible, such owner or utility company may apply to the Planning and Zoning Commission for exemption of the subdivision or portion thereof from the requirements of this section, stating in the application for exemption the reasons therefor, and submitting therewith such exhibits, documents and data as may be necessary to substantiate the request. The Commission shall hold a hearing, at which the applicant and any other interested person may appear, at its regularly scheduled meeting, after the submission of an application for exemption. Notice of the hearing shall be given by certified mail by the applicant, at the applicant's expense, to each interested utility and owner no less than seven days prior to such hearing. If the Commission denies the application following the notice and hearing, the applicant may file a written appeal therefrom with the Village Clerk, stating the reasons therefor, within thirty days following the announcement of such decision by the Commission. Such appeal shall be placed on the agenda for the next regularly scheduled meeting of Council following the filing thereof with the Clerk and shall be heard at such meeting. Council may, by resolution, reverse or affirm, wholly or in part, or may modify the decision of the Commission.
(f) If any court of competent jurisdiction determines that any clause, section or portion of this section is invalid or unconstitutional, such finding shall in no way affect the validity or unconstitutionality of the balance of this section.