Kent City Zoning Code

TITLE SEVEN

Subdivision Regulations

APPENDIX A TYPICAL MINOR SUBDIVISION MAP

RULES AND REGULATIONS FOR ACCEPTANCE OF A ONE LOT SUBDIVISION

Draw on linen or mylar.

Size 8½ x 14 or multiple thereof as 17 x 28.

Survey must close within error limit of 1/5000.

Survey must be tied into a lot corner or intersection

of two roads by bearing and distance.

Drawing need not be to scale - use of broken lines

permitted.

North point must be shown.

Names of adjoining owners.

Carry acreage to three decimal places.

Linear measurements to 1/100 of a foot.

Description to run clockwise from place of beginning.

(Ord. 1971-110. Passed 9-8-71.)

APPENDIX B APPLICATION FOR PRELIMINARY PLAN APPROVAL

Submit two (2) copies to the City Engineer.

APPLICATION FOR PRELIMINARY PLAN APPROVAL

City of Kent, Ohio

Name of Subdivision:

Location:

Name of Subdivider:

Address of Subdivider:

Phone No. where subdivider can be reached:

Owner:

Owner’s Address:

Owner’s Phone No.:

Application is hereby made for approval of the Preliminary Plan.

The following documents are made a part of this application:

a. One (1) copy of the Preliminary Steps Certification.

b. Eight (8) copies of the Preliminary Plan including a Vicinity Map.

c. Certificate of Zoning Compliance from the township endorsed on one (1) copy of the Plan.

d. Names and addresses of adjacent property owners.

e. Any other data the staff deems necessary.

Action by the Planning Commission should be sent to:

Name:

Address:

Respectfully submitted this day of , 19

Signed

Number of lots Preliminary Plan Fee

Planning Commission Action: Approve Approve Conditionally

Disapprove

Comments:

Date:

Chairman of Planning Commission

(Ord. 1971-110. Passed 9-8-71.)

APPENDIX C PRELIMINARY STEPS CERTIFICATION FORM

Submit one (1) copy to the City Engineer

PRELIMINARY STEPS CERTIFICATION FORM

City of Kent, Ohio

Name of Subdivision:

Location:

Name of Subdivider:

Address of Subdivider:

Phone No. where subdivider can be reached:

Agency Signature

Planning Commission

Health Department (State and/or County)

City Engineer

Electric Company

Gas Company

Telephone Company

(Ord. 1971-110. Passed 9-8-71.)

APPENDIX D TYPICAL PRELIMINARY PLAN SUBDIVISION MAP

(Ord. 1971-110. Passed 9-8-71.)

APPENDIX E APPLICATION FOR FINAL PLAT APPROVAL

Submit two (2) copies to the City Engineer.

APPLICATION FOR FINAL PLAT APPROVAL

City of Kent, Ohio

Name of Subdivision:

Location:

Name of Subdivider:

Address of Subdivider:

Phone No. where subdivider can be reached:

Application is hereby made for approval of the final plat. The following documents are made a part of this application:

a. One (1) copy of Protective Covenants, if proposed.

b. Original tracing and two (2) copies of Final Plat and Vicinity Map.

c. Original tracing and four (4) copies of approved improvement plans.

d. One (1) copy of financial guarantees approved by City Solicitor in amount stated by City Engineer.

Action by the Planning Commission should be sent to:

Name:

Address:

Respectfully submitted this day of , 19

Signed

Final Plat Fee

Planning Commission Action Approved

Conditionally Approve, Improvements to be Constructed

Comments:

Date:

Chairman of Planning Commission

(Ord. 1971-110. Passed 9-8-71.)

APPENDIX F TYPICAL FINAL PLAT SUBDIVISION MAP

(Ord. 1971-110. Passed 9-8-71.)

APPENDIX G EXAMPLES OF CERTIFICATIONS AND STATEMENTS

CERTIFICATIONS AND STATEMENTS

City of Kent, Ohio

1. Notarized certification by owners:

We, the undersigned owners of the lands embraced within this subdivision hereby acknowledge this plat and subdivision to be our free act and deed, and do hereby dedicate to public use forever the streets, easements, parks, and other public sites and all improvements therein as shown upon this plat.

Witness Owner

State of Ohio )

County ) ss

Before me, a Notary Public in and for said County and State, personally appeared the above named and , husband and wife, who acknowledged the making of the foregoing instrument and the signing of this plat to be their free act and deed. In testimony whereof I have hereunto set my hand and affixed may official seal at , Ohio, this day of , 19

Notary Public

2. Notarized certification by surveyor or engineer:

I hereby certify that I have surveyed the land shown on this plat, that this plat is a correct representation of the land surveyed and the subdivision thereof, and that I have found or set the pins and monuments shown, and that all lots conform to the Municipal Zoning Ordinance.

Registered Surveyor

State of Ohio )

County ) ss

3. Approval statements:

Approved by the Kent City Planning Commission this day of ,

19 .

Chairman

Secretary

Approved by the City Engineer this day of , 19 .

City Engineer

Approved by the County Board of Health this day of , 19 .

Health Commissioner

This plat was duly accepted by ordinance of the Kent City Council this day of , 19 .

Recorder

(2/3 Council vote required to override Planning Commission recommendation)

Recorded this day of , 19 , at a.m., p.m. in the plat book no. page .

County Auditor

Received for transfer this day of , 19 .

Tax Map Draftsman

Township Trustees should also sign if subdivision is outside of the City limits.

(Ord. 1971-110. Passed 9-8-71.)

APPENDIX H PAVEMENT CROSS SECTIONS

Typical Cross Sections

URBAN SINGLE FAMILY RESIDENTIAL 60 R/W

LIGHT INDUSTRIAL STREET OR

URBAN MULTIFAMILY RESIDENTIAL 60 R/W

COLLECTOR STREET 80 R/W

(Ord. 1971-130. Passed 11-17-71.)

APPENDIX I
TYPICAL PLANTING PLAN

(Ord. 1971-110. Passed 9-8-71.)

1177.01 PURPOSE.

These Subdivision Regulations are adopted to secure and provide for:

(a) The proper arrangement of streets and highways in relation to existing or proposed streets and highways and the thoroughfare plan.

(b) Adequate and convenient open spaces for traffic, utilities, access of fire fighting apparatus, recreation, light and air and the avoidance of congestion of the population.

(d) The orderly and efficient provision of community facilities at the minimum cost and maximum convenience.

(e) Safe and convenient vehicular and pedestrian movement.

(f) The promotion of public health, safety, morals, comfort, convenience, prosperity or general welfare.

(g) The accurate surveying of land, preparing and recording of plats.

(h) The equitable handling of all subdivision plats by providing uniform procedures and standards for observance by both the approving authority and subdivider.

(Ord. 1971-130. Passed 11-17-71.)

1177.02 AUTHORITY.

The authority for the preparation, adoption and implementation of these Subdivision Regulations is derived from Ohio R. C. Chapter 711 which permits the adoption of uniform rules and regulations governing subdivision of land. (Ord. 1971-110. Passed 9-8-71.)

1177.03 INTERPRETATION.

The provisions of these Subdivision Regulations shall be construed to be minimum requirements. (Ord. 1971-110. Passed 9-8-71. )

1179.01 INTENT.

Throughout these Subdivision Regulations, the following terms shall have the meaning given herein. (Ord. 1971-110. Passed 9-8-71.)

1179.02 GENERAL TERMS.

(a) Words used in singular include the plural.

(b) Words used in present tense include the future tense.

(Ord. 1971-110. Passed 9-8-71.)

1179.03 SPECIFIC TERMS.

(a) "Building setback line" means a line establishing the limits of a yard which abuts a street and in which yard no building may be located.

(b) "Cul de sac" means a local street having one end open to vehicular traffic and the other end permanently terminated by a vehicular turnaround.

(c) "Dead end street" means a street temporarily having only one outlet for vehicular traffic and intended to be extended or continued in the future.

(d) "Easement" means a grant of the use of land for a specific purpose.

(e) "Improvements" means grading, sanitary and storm sewers, water mains, pavement, curbs and gutters, sidewalks, street signs, street lights, street trees, and the appropriate appurtenances required to render land suitable for the use proposed.

(f) "Land Use and Thoroughfare Plan" means mapped and/or written proposals for the future development of the area.

(g) "Lot" or "parcel" means a division of land separated or proposed to be separated from other divisions of land by description on a recorded subdivision plat, recorded survey map, or by metes and bounds for purposes of sale, lease or separate use.

(h) "Corner lot" means a lot at the point of intersection of and abutting on two intersecting streets.

(i) "Double frontage lot" means a lot, other than a corner lot, that abuts more than one street.

(j) "Lot lines" means the boundaries of a lot.

(k) "Minor subdivision" means a division of a parcel of land along an existing public street or road, not involving the opening, widening or extension of any street or road, and involving not more than five lots after the original tract has been completely subdivided.

(l) "Pedestrian walkways" means a dedicated public right of way limited to pedestrian use.

(m) "Planning Commission" or "Commission" means the City Planning Commission.

(n) "Plat" means a final map of all or a portion of a subdivision which, if approved, may be recorded.

(o) "Preliminary plan" means a drawing for the purpose of study of a major subdivision and which, if approved, permits proceeding with the preparation of the final plat.

(p) "Private survey plat" means a map of one or more parcels of land, prepared by a registered surveyor, for the purpose of providing information necessary or incident to the transfer of such Parcels in cases not requiring the platting of such parcels.

(q) "Public utility" means any person, firm, corporation, governmental agency or board having a public utility commission permit to furnish under regulations to the public, electricity, gas, steam, telephone, transportation or water, or any other similar public utility.

(r) "Regional land use plan" means a plan showing the proposed location of uses in the region.

(s) "Secretary" means the Secretary of the Planning Commission.

(t) "Staff" means persons so designated by the Commission.

(u) "Street" means a public or private right of way for vehicular and pedestrian use.

(v) "Subdivider" means any individual, firm, association, corporation, trust or any legal entity, including agents commencing proceedings under these Regulations to subdivide land.

(w) "Subdivision" means:

(1) The division of any parcel of land shown as a unit or as contiguous units on the last preceding tax roll, into two or more parcels, sites or lots, any one of which is less than five acres for the purpose, whether immediate or future, of transfer of ownership, provided, 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

(2) The improvement of one or more parcels of land for residential, commercial or industrial structures or groups of structures involving the division or al location 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.

(x) "Subdivision Regulations" or "Regulations" as used in Title Seven of this Part Eleven Planning and Zoning Code means Ordinance 1971-110, passed September 8, 1971, as amended. (Ord. 1971-110. Passed 9-8-71.)

1181.01 ADMINISTRATION.

The Service Director shall administer these Subdivision Regulations except where specific authority is given to other officials as set forth in these Regulations.

(Ord. 1971-110. Passed 9-8-71.)

1181.02 RECORDING OF PLAT.

No plat of any subdivision shall be recorded in the office of the Recorder or have any validity until it has been approved in the manner prescribed herein. In the event any such unapproved plat is recorded, it shall be considered invalid; and the Planning Commission shall institute proceedings to have the plat stricken from the County records.

(Ord. 1971-110. Passed 9-8-71.)

1181.03 SALE OF LAND.

No owner or agent of the owner of any land located within a subdivision shall transfer or agree to transfer ownership in the future by reference to, exhibition of, or by the use of a plan or plat of a subdivision before such plan or plat has been approved and recorded in the manner prescribed herein. Any sale or transfer contrary to the provision of this section shall invalidate plat plan. The description of such sublot or parcel by metes and bounds in the instrument of transfer or other documents used in the process of selling or transferring shall not exempt the transaction from the provisions of these Regulations. (Ord. 1971 110. Passed 9 8 71.)

1181.04 REVISION OF PLAT AFTER APPROVAL.

No changes, erasures, modifications or revisions shall be made in any plat of a subdivision after approval has been given by the Planning Commission and an endorsement is made in writing on a plat, unless the plat is first resubmitted and the changes approved by the Planning Commission. (Ord. 1971-110. Passed 9-8-71.)

1181.05 FEES.

(a) Filing Fees. Filing fees in the amount fixed as follows shall be paid when the application for a schedule is submitted.

(1) Minor subdivision: $20.00 plus $5.00 per lot.

(2) Major subdivision

A. Preliminary Plan Fees $50.00 plus: $5.00 per lot.

B. Final Plat Fees $50.00 plus: $5.00 per lot to cover the cost of filing the approved plat with the County Recorder.

C. Preliminary Plan Time Extension Fee $10.00.

D. Preliminary Plan Resubmittal Fee. Where the approved preliminary plan has not been changed by the approval period has expired, the fee shall be one half of the preliminary plan fee for refiling of the preliminary plan.

(3) Payment. The filing fee shall be paid in legal tender or by check or money order made payable to the City of Kent, Ohio, and deposited with the Service Director .

(4) Refunds. In the event that a plat is withdrawn by the subdivider before any physical inspection of the site has been made, then the Planning Commission may order that the subdivider be refunded an amount not to exceed one half the fee paid. (Ord. 1983-90. Passed 7-27-83.)

(b) Plan Checking and Field Inspection Fees. At the time such plans, profiles and specifications are submitted for review, the subdivider shall prepare an estimate of cost of all improvements which shall be verified by the City Development Engineer. The subdivider shall deposit an amount of money equal to seven percent of the estimated cost at the time the subdivider posts their cash bond. This shall cover the cost of all plan review, checking, and field inspections made by the City or on the City's behalf for the project.

(Ord. 1998-65. Passed 8-12-98)

1181.06 VARIANCES.

The Planning Commission may recommend variances to these Subdivision Regulations as specified herein where unusual or exceptional factors or conditions require such modification provided that the Planning Commission shall:

(a) Find that unusual topographical or exceptional physical conditions exist.

(b) Find that strict compliance with these Regulations would create an extraordinary hardship in the face of the exceptional conditions.

(c) Permit any modification to depart from these Regulations only to the extent necessary to remove the extraordinary hardship.

(d) Find that any modification granted will not be detrimental to the public interest nor in conflict with the intent and purpose of these Regulations.

(e) Require such other conditions to be met by the proposed plat as the Planning Commission may find necessary to accomplish the purposes of these Regulations when modified.

(f) Any variance shall accompany the proposed plat with appropriate justification. (Ord. 1971-110. Passed 9-8-71.)

1181.07 APPEALS.

Rights of appeal shall be as set forth in Ohio R. C. Chapter 711 or other applicable sections of the Ohio Revised Code. (Ord. 1971-110. Passed 9-8-71.)

1181.08 SEVERABILITY.

If any article, section, paragraph, clause or part of these Regulations is held invalid by a court, such judgment shall not affect the validity of the remaining provisions of these Regulations. (Ord. 1971 110. Passed 9 8 71.)

1181.09 ACCEPTANCE ORDINANCE FOR STREETS, EASEMENTS AND DEDICATED OPEN SPACES.

(a) A review shall be held by a committee of Council when all requirements have been complied with. The committee shall submit their recommendation to Council as to whether or not the City shall accept the streets, easements and dedicated open spaces as contained in the subdivision. (Ord. 1971-130. Passed 11-17-71.)

(b) When all requirements as contained herein have been complied with to the satisfaction of Council, an ordinance accepting the streets, easements and dedicated open spaces of the subdivision may be enacted.

(d) The subdivider must then have the plat recorded. The plat tracings become a part of the Planning Commission records after being recorded and shall bear a legend to that effect. (Ord. 1971-110. Passed 9-8-71. )

1181.10 CONDITIONS FOR SUBDIVISIONS OUTSIDE MUNICIPALITY.

If the subdivision is outside of the City, but within the three mile limit, final approval for the subdivision shall be within the jurisdiction of the City Planning Commission.

(Ord. 1987-43. Passed 6-10-87.)

1181.11 RELEASE OF CASH BOND.

The subdivider's cash bond shall not be released until fulfillment of the following conditions:

(a) All required land improvements shall be installed within a period of two years after the recording of the plat. Failure of the subdivider to complete all of the improvements within this two year period shall result in forfeiture of the cash bond unless an extension of time is requested by the subdivider and granted by the Director of Public Service. In the event of failure to complete the improvements in the required period, as stated herein, the Director of Public Service may direct that no further building permits be issued for property in such subdivision pending satisfaction of the Director of Public Service in regard to the status of the required land improvements. (Ord. 1971-130. Passed 11-17-71.)

(b) An affidavit to the effect that all materials, labor and other costs have been paid so as to hold the City free from any obligation for payment of any costs of the land improvements; that the subdivider accepts responsibility for the maintenance and repair of all land improvements for one year after the date of the acceptance by ordinance of Council of all land improvements.

(Ord. 1971-110. Passed 9-8-71.)

(c) Final acceptance of all land improvements by ordinance of Council upon recommendation of the Director of Public Service.

(Ord. 1971 130. Passed 11 17 71.)

1181.12 CHANGES AND AMENDMENTS.

(a) The Planning Commission may from time to time recommend to Council such changes in these Regulations as they may deem necessary. Such changes shall become effective after their adoption by Council as amendments to these Subdivision Regulations.

(b) Council, upon the recommendation of the Planning Commission, may approve variations from the requirements of these Subdivision Regulations in specific cases where such variations do not affect the general plat or spirit of these Subdivision Regulations.

(Ord. 1971-110. Passed 9-8-71.)

1181.13 REPEAL.

All prior subdivision regulations and amendments thereto are hereby repealed.

(Ord. 1971-110. Passed 9-8-71.)

1181.99 PENALTY.

Any person, firm or corporation violating any provision of these Subdivision Regulations or who fails to comply with any order issued pursuant thereto shall be fined not more than five hundred dollars ($500.00) for each offense and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

Such sum may be recovered in a civil action brought in the Court of Common Pleas in this County by the Law Director in the name of the City of Kent.

(Ord. 1971-110. Passed 9-8-71.)

1183.01 PURPOSE.

The purpose of this chapter is to specify the procedures that shall be followed to sub divide land. (Ord. 1971-110. Passed 9-8-71.)

1183.02 SUBDIVISION TYPES.

There are two basic types of subdivisions:

(a) Minor Subdivision. The City Development Engineer may determine that a proposed subdivision of land is a minor subdivision if the proposed division of a parcel of land is along an existing public street, does not involve the opening, widening or extension of any street or road and does not involve more than five lots after the original tract has been completely subdivided.

(Ord. 1998-17. Passed 2-18-98.)

(b) Major Subdivision. Any subdivision that does not meet the requirements of a minor subdivision. (Ord. 1971-110. Passed 9-8-71.)

1183.03 MINOR SUBDIVISION PROCEDURE.

(a) Authority of Review and Approval. The City Development Engineer is authorized to represent the Planning Commission in the review and approval of a minor subdivision, and to endorse the conveyance of a parcel or parcels of land in a minor subdivision for transfer without plat.

(b) Submission Requirements. Any person proposing to create a minor subdivision shall submit the following to the City Development Engineer:

(1) A legal description of the parcel or parcels sought to be transferred, on a conveyance of the parcel or parcels.

(2) Two copies of a private survey by a registered surveyor of the parcel or parcels sought to be transferred. (See Appendix A. )

(3) Minor subdivision fees. (See Section 1181.05.)

(c) Action by City Development Engineer. Within seven working days after submission of a minor subdivision or within a mutually agreed upon extension, the City Development Engineer shall either approve or disapprove the application for transfer without plat.

If the City Development Engineer does not approve the transfer without plat, the applicant shall be notified in writing of the reason for disapproval. If the City Development Engineer approves the transfer without plat, the conveyance shall be stamped: "Approved by Kent City Planning Commission; no plat required, " and the signature of the City Development Engineer affixed along with the date of such approval. The approval shall expire within sixty days, unless the conveyances are recorded in the office of the County Recorder during such period.

(d) Action by Health Commissioner. The City Development Engineer shall, within seven days after submission of a minor subdivision, submit the proposed subdivision to the Health Commissioner who shall approve or disapprove building sites for individual sewer systems. If disapproved, the Health Commissioner shall notify the owner of the reasons for disapproval.

(Ord. 1998-17. Passed 2-18-98)

1183.04 MAJOR SUBDIVISION PROCEDURE.

(a) General Procedure. Major subdivisions shall be approved in four stages: preliminary discussion stage, preliminary plan stage, improvement plan stage, and the final plat stage.

(1) The preliminary discussion stage requires the subdivider to discuss the proposed subdivision with the appropriate agencies so that he/she can become familiar with subdivision requirements, existing conditions, and future plans.

(2) The preliminary plan stage requires the subdivider to present all information needed to enable the Commission to determine that the proposed layout is satisfactory and will serve the public interest. This stage also insures that the subdivider will not be required to expend excessive monies without some assurance that his/her plat will be finally approved.

(3) The improvement plan stage requires the subdivider to present all the information needed to enable the Deputy Service Director/Superintendent of Engineering to check the drainage areas and to determine that the storm sewers, sanitary sewers, water lines and material proposed for street construction meets the requirements of these Regulations and the specifications of the Deputy Service Director/Superintendent of Engineering. (Ord. 2002-106. Passed 11-6-02)

(4) The final plat stage requires the subdivider to present a complete survey plat to enable the Commission to determine that the subdivision fully complies with these Regulations and conforms to the approved preliminary plan and the improvement plans.

(b) Preliminary Discussion. The subdivider shall consult with the Planning Commission. He/she shall submit a preliminary discussion map including all items required by Section 1185.02 and shall also obtain a preliminary steps certification form (see Appendix B) from the City Development Engineer, which shall be signed by the agencies listed on the certification form.

(1) Submission of preliminary plan. The subdivider shall make application to the Commission for approval of a preliminary plan. All information required by Section 1185.03 shall be submitted to the City Development Engineer at least two weeks before the meeting of the Planning Commission at which the plat is to be acted upon

A. Two copies of application. (See Appendix B.)

B. One copy of the preliminary steps certification form. (See Appendix C.)

C. Eight copies of the preliminary plan including a vicinity map. (See Appendix D.)

D. Any other data that the City Development Engineer deems necessary.

E. Preliminary plan fees. (See Section 1181.05)

(2) Transmission of preliminary plan. The Service Director shall transmit a copy of the preliminary plan to the following officials and agencies for their review and recommendations. Prior to the Planning Commission meeting, a date on which the site will be viewed shall be established by the Service Director. The officials and agencies listed below shall be requested to attend this viewing along with the developer and his/her engineer.

A. The City Development Engineer.

B. The Planning Commission.

C. The School Board.

D. City Board of Health and/or Ohio Department of Health.

E. The Tri County Regional Planning Commission.

F. Township trustees outside of but within three miles of the corporate limits, subject to the provisions of Ohio R. C. Chapter 711.

G. Park and Recreation Board.

The Service Director may transmit additional copies of the preliminary plan documents to utility companies, and others as deemed necessary. The officials and agencies shall be requested to make their review and recommendations to the City Development Engineer within seven days from the date of transmission.

(3) Official filing of preliminary plan. Upon determination by the City Development Engineer that the preliminary plan has been properly submitted, the preliminary plan shall be accepted as being officially filed.

(4) Planning Commission Action. The Planning Commission, within thirty days of the date of official filing shall approve, approve conditionally or disapprove the preliminary plan. The action shall be noted on both the preliminary plan and the preliminary plan application form and a copy of each returned to the subdivider. The action shall also be entered on the official records of the Planning Commission and a copy of the preliminary plan with action noted kept on file.

(5) Effect of approval. Approval of a preliminary plan by the Planning Commission is not an acceptance of the subdivision for record. It is an approval of a general plan as a guide for the preparation of improvement plans and a subdivision plat for final approval and recording upon fulfillment of all requirements of these Regulations. Approval of a preliminary plan shall be effective for a period of one year following the date of the approval by the Planning Commission unless an extension of time is granted. Upon expiration of a preliminary plan approval, no approval of a final plat shall be given until the preliminary plan has been resubmitted and approved. Construction of improvements shall not begin until action on the final plat has been taken.

(d) Improvement Plan Procedure. The developer's engineer shall prepare improvement plans which include all phases of the work to be performed to make the land suitable for development into the use proposed. These plans shall be complete and precise in all details and be submitted to and approved by the City Development Engineer before any improvements are constructed.

(Ord. 1971-110. Passed 9-8-71.)

(e) Final Plat Procedure.

(1) Submission of the final plat. The subdivider shall make application to the Planning Commission for approval of a final plat. The final plat submitted shall conform to the approved preliminary plan. Subdivisions may be submit ted for final approval in consecutive sections provided that preliminary plan and improvement plan approval has been given for the entire subdivision. All items as required by Section 1185.04 shall be submitted to the City Development Engineer as follows:

A. Two copies of the application for final plat approval. (See Appendix E.)

B. Original tracing and two copies of final plat and vicinity map. (See Appendix F.)

C. Original tracing and four copies of approved improvement plans.

D. Final plat fees. (See Section 1181.05 ).

E. One copy of financial guarantees approved by the City Director of Law in an amount stated by the City Development Engineer.

The City Development Engineer may request additional copies of any of the above items and any other additional information deemed necessary. Within five working days of the date of submission, the City Development Engineer shall determine if all the items as required by Section 1185.04 have been submitted. If all the required items have not been submitted, the City Development Engineer shall notify the subdivider of such omissions. (Ord. 1971-130. Passed 11-17-71.)

(2) Official filing of final plat. The City Development Engineer shall present to the Planning Commission the final plat documents, which meet the requirements of Section 1185.04 at the next meeting after all required documents have been submitted. Upon determination by the Planning Commission that the final plat has been properly submitted, the Planning Commission shall accept the final plat as being officially filed and shall certify on the copies the date of acceptance.

(3) Planning Commission action. The Planning Commission shall approve or disapprove the plat within thirty days from the date of official filing or within a mutually agreed upon time extension; otherwise the final plat shall be deemed to have been approved. One of the following actions shall be taken by the Planning Commission

A. Final approval. The Planning Commission may give final approval before all required improvements are installed, authorizing its chairman to sign the plat at such time as a construction agreement and a cash bond, acceptable to the City Law Director and in the amount stated by the City Development Engineer, are provided for the purpose of assuring installation of such improvements. The amount of such cash bond shall be sufficient to cover the cost of all improvements, based upon an estimate by the City Development Engineer. Upon receipt of the City Development Engineer's certification and determination that all the requirements of these Regulations have been met, the Planning Commission may give final approval and shall indicate such approval and date on the tracing of the final plat.

B. Disapproval. Should the Planning Commission determine to disapprove the final plat, written notice of such action, including reference to the regulations or regulation violated by the plat, shall be mailed to the sub divider. The action shall also be entered on the official records of the Planning Commission.

C. Approval without Board action. In the event the Planning Commission fails to approve or disapprove the final plat within thirty days from the date of its official filing, or within a mutually agreed upon time extension, the final plat shall be deemed to have been approved.

(4) Effect of approval. Final approval of a plat by the Planning Commission shall not be an acceptance by the public of the offer of dedication of any street, highway or other public ways or open space upon the plat unless such acceptance is also endorsed by Council upon the tracing of the final plat. (Ord. 1971-110. Passed 9-8-71.)

(5) Recording of final plat. After final approval of a plat by the Planning Com mission, the subdivider shall deliver the tracing of such plat to the township trustees of any unincorporated area for their signature if the proposed subdivision is outside the corporate limits of Kent, but within the three mile jurisdictional limit. He/she shall then return the tracing to the City Development Engineer, who after rechecking, shall secure approval of the County Engineer. The City Development Engineer shall then present the plat to the County Auditor for transfer and to the County Recorder for recording. All fees required in connection with the above process as well as costs of reproductions of such plat shall be paid by the subdivider. Upon recording of the final plat, the tracing of the plat shall be permanently retained by the Planning Commission and filed with the City Development Engineer. (Ord. 1998-17. Passed 2-18-98.)

1185.01 PURPOSE.

The purpose of the provisions of this chapter is to inform the subdivider of the specific information he/she must provide to permit adequate review, approval and recording of plats.

(Ord. 1971-110. Passed 9-8-71.)

1185.02 PRELIMINARY DISCUSSION MAP.

A map shall be submitted by the subdivider as a basis for informal discussion. The map shall show the following information:

(a) Location: tract boundaries, township and north point.

(b) Existing highways and proposed streets on and adjacent to the tract. (Several alternates if considered.)

(d) Utility transmission lines and easements.

(e) Existing zoning districts.

(f) Topography. (U.S.G.S. or better. ) (Ord. 1971-110. Passed 9-8-71.)

1185.03 PRELIMINARY PLAN.

The subdivider shall furnish the following:

(a) Application for Preliminary Plan Approval (See Appendix B.)

(b) Preliminary Plan Drawing (See Appendix D.)

The plan shall be prepared in accordance with these Subdivision Regulations by a registered surveyor, city planner, landscape architect or professional engineer. The plan shall be accurately and clearly drawn. The drawing shall include the proposed plan or alternate plans of the subdivision, and shall show the following:

(1) Identification.

A. Proposed name of subdivision (must not duplicate others in the County), township, tract or original lot or section number.

B. Names, addresses and telephone numbers of owners, subdivider, and registered surveyor, city planner, landscape architect or professional engineer.

C. Scale (1"= 100'), north arrow and date.

(2) Existing data.

A. Boundary line survey: showing bearings and distances as surveyed by a registered surveyor.

B. Easements: location, width and purpose.

C. Streets on and adjacent to the subdivision: names, location, right of way and roadway width. Planned public improvements: highways or other major improvements planned by public authorities for future construction on or near the subdivision, including journalized routes for highways.

D. Utilities on and adjacent to the subdivision: location, size and invert elevations of sanitary and storm sewers; location and size of water mains; location of gas lines, fire hydrants and utility poles. If water mains, sewers and/or culverts are not on or adjacent to the tract, indicate the direction and distance to and size of nearest ones, showing invert elevation of sewers and culverts.

E. Ground elevations on the subdivision: show contours with an interval of not more than five feet if ground slope is in excess of four percent and two feet if ground slope is less than four percent.

F. Subsurface conditions on the subdivision: any conditions that are not typical such as abandoned mines.

G. Other conditions on the subdivision:

1. Watercourses and areas subject to flooding.

2. Marshes.

3. Rock outcroppings.

4. Wooded areas.

5. Isolated preservable trees one foot or more in diameter.

6. Any structures or other significant features.

H. Other conditions on adjacent land within 200 feet:

1. Approximate direction and gradient of ground slope including any embankments or retaining walls.

2. Location and type of buildings, fences, tree lines, etc.

3. Railroad lines.

4. Power lines and towers.

5. Other nearby nonresidential uses of land.

6. Owners of adjacent unplatted land. (For adjacent platted land refer to subdivision plat by name, plat book and pages.)

I. Zoning requirements:

1. District.

2. Lot size and yard requirements.

3. Proof of any variances or special exceptions which may have been granted.

J. Planned public improvements: highways or other major improvements planned by public authorities for future construction on or near the subdivision.

(3) Proposals.

A. Streets: show proposed streets (indicate each street by a letter except where the street is a continuation of an existing street), right of way widths, approximate grades and proposed improvements.

B. Other rights of way or easements: location, width and purpose.

C. Lots: numbers, dimensions and area of irregular lots in square feet.

D. Minimum building setback lines.

E. Land parcels within the subdivision not to be divided into lots.

F. Public sites: reserved or dedicated for parks, playgrounds or other public uses.

G. Sites for other uses: multifamily dwellings, shopping facilities, churches, industry or other nonpublic uses exclusive of single family dwellings.

H. Total site data: including acreage, number of residential lots, typical lot size and acres in parks and other public uses.

I. When extensive changes of topography are contemplated, a plan showing the proposed topography.

J. In cases where lots or parcels have previously been transferred, without plat, out of the tract sought to be subdivided, such lots or parcels previously transferred should also be numbered in sequence with all new lots created in the proposed subdivision.

(4) Other information. The City Development Engineer or Planning Commission may require such additional information as deemed necessary.

(c) Vicinity Map. The map shall show the relationship of the proposed subdivision to existing community facilities which serve or influence it. The vicinity map may be on the same sheet as the preliminary plan drawing. The vicinity map at a scale of 1" = 400' shall show:

(1) Subdivision name; township, tract and original lot or section number; north arrow and the Ohio State Plane coordinate grid.

(2) Existing and proposed main traffic arteries.

(3) Shopping facilities.

(4) Schools.

(5) Parks and playgrounds.

(6) Any other significant community features.

(Ord. 1998-17. Passed 2-18-98)

1185.04 IMPROVEMENT PLANS AND SPECIFICATIONS.

Drawings showing cross sections, profiles, elevations, construction details, specifications and cost estimates, and all calculations and computations for all required improvements shall be prepared by a professional engineer. The improvement plans shall be prepared as directed by the City Development Engineer and subject to his/her approval.

If it becomes necessary to modify the improvements as approved, due to unforeseen circumstances, the subdivider shall inform the City Development Engineer in writing of the conditions requiring the modifications. Written authorization from the City Development Engineer to make the required modification must be received before proceeding with the construction of the improvement.

At the completion of the construction and before acceptance, the subdivider shall furnish the City Development Engineer a set of linen or mylar tracings for permanent record, showing the locations, sizes and elevations of all improvements as constructed. "As built" drawings showing all lateral locations, depth and all utility service connections, shall be provided.

(Ord. 1998-17. Passed 2-18-98)

1185.05 FINAL PLAT.

The subdivider shall furnish the following:

(a) Application for Final Plat Approval (See Appendix E.)

(b) Final Plat Drawing (See Appendix F.)

(1) The final plat shall be approved by a registered professional engineer and drawn in ink on tracing cloth or mylar (sheet size twenty four inches by thirty inches within the border), shall be at a scale of not more than 100 feet to one inch. Where necessary, the plat may be on several sheets accompanied by an index showing the entire subdivision.

(Ord. 1971-130. Passed 11-17-71.)

(2) The final plat shall show the following:

A. Identification.

1. Name of subdivision (must not duplicate others in the County), township, tract and original lot or section number.

2. Vicinity map at 1" = 1,000' scale with north arrow.

B. Control points: all dimensions, angles and bearings are to be referred to control points, nearest established street line, section lines or other established point.

C. Lines and boundaries: center lines and right of way lines of streets, easements and other rights of way, natural and artificial watercourses, streams, shorelines, corporation lines and property lines of all lots and parcels with distances, radii, arcs, chords and tangents of all curves (nearest one hundredth of a foot), bearings or deflection angles (nearest second).

D. Street: name (must not duplicate another in the Kent postal delivery area) and right of way width of each street within proposed subdivision and those adjoining.

E. Building setback lines accurately shown with dimensions.

F. Lot and block identification: lots shall be numbered in consecutive order and when the subdivision is submitted in sections or phases, lots shall be numbered consecutively as each section or phase is submitted. In cases where lots or parcels have previously been transferred, such lots or parcels previously transferred should also be numbered in sequence with all new lots created in the proposed subdivision.

G. Total site data: including acreage, number of residential lots, typical lot size and acres in parks and other public uses.

H. Land for public use: show boundaries and identify the use of all parcels which are to be dedicated or reserved for public use or easements.

I. Monuments: locations and description of those found, set or to be set.

J. Names of recorded owners of adjoining unplatted land and reference to subdivision plats of adjoining platted land by name, volume and page of Recorder's maps.

K. Certification and seal by a registered surveyor to the effect that the plat represents a survey made by him which balances and closes, and that the monuments shown thereon exist or shall be set as shown, and that all dimensional and geodetic details are correct.

L. Notarized certification by the owner or owners of the subdivision and the offer of the dedication of streets and other public areas and that there are no unpaid taxes or special assessments against the land contained in the plat.

M. Notation for:

1. Certification of City Development Engineer that required improvements have been satisfactorily installed or adequate financial guarantees have been provided.

2. Approval of plat by chairman and secretary of the Planning Commission.

3. Acceptance of offers of dedication by Council.

4. Proper notations for transfer and recording by the County Auditor and the County Recorder.

N. Protective covenants.

O. Marital status, of land owner must be shown, and if married, spouse must also sign plat and release dower or curtesy interest in public places.

P. Release by the mortgage holder, if any, of all interest in all property dedicated to a public use. This may be a separate document.

Q. If the subdivision is outside of the City but within the three mile limit, the grading, profiles, surfacing, drainage, signs, monuments, trees and any other similar requirements must be acceptable to the Portage County Highway Department and the Portage County Commissioners. All roads, grading and drainage must be acceptable to the township trustees. (Ord. 1998-17. Passed 2-18-98)

1187.01 PHYSICAL CONSIDERATIONS.

(a) Natural Land Use. Subdivisions should be planned to take advantage of the topography of the land to economize in the construction of drainage facilities, to reduce the amount of grading, and to minimize destruction of trees and topsoil.

(b) Flood Hazard. If any portion of the land within the subdivision is subject to flooding or other hazards, due consideration shall be given to such problems in the design of the subdivision. Land subject to flooding and land otherwise uninhabitable shall not be platted for residential occupancy nor for such other uses that may increase danger to health, life or property, or aggravate the flood hazard. (Ord. 1971-110. Passed 9-8-71.)

1187.02 STREETS.

(a) Arrangement. The arrangement, character, extent, width and location of all streets shall conform to the Land Use and Thoroughfare Plan. The design of proposed streets shall provide for both the continuation of existing streets and access to adjacent unplatted lands so that the entire area can be served with a coordinated street system.

(b) Classification.

(1) Major arterial thoroughfares shall be planned for continuation of movement of fast traffic between points of heavy traffic generation and from one section of the community to another. They shall contain as few intersections with minor streets as possible. Such thoroughfares should traverse the community and should be spaced approximately one mile apart.

(2) Collector streets shall provide a traffic route from local streets to major arterial thoroughfares. These streets should be spaced at least one fourth mile apart.

(3) Local streets shall provide direct and full access to each lot and shall be laid out so that their use by through traffic will be discouraged.

(4) Parallel streets may be required along an existing or proposed major arterial thoroughfare to provide access to lots along such major arterial thoroughfares.

(5) Service drives shall be designed to provide only secondary access.

Classification

Minimum Right of Way Width (Feet)

Grades by Percent

Maximum

Minimum

Major arterial thoroughfare

100

Collector streets

Local streets

Rural residential

Urban single family

Urban multi family

Light industrial

Parallel streets

Service drives

(d) Half Streets. Half streets shall be prohibited except where there is an existing half street adjacent to the subdivision in which case the remaining half of the street shall be platted.

(e) Cul de Sacs and Dead End Streets. Streets designed to be permanently dead ended shall not be longer than 600 feet and shall be provided at the closed end with a turnaround having an outside pavement diameter of at least 100 feet and a street property line diameter of at least 120 feet. If such a street is of a temporary nature and a future extension into adjacent land is anticipated then the turning circle beyond the normal street width shall be in the nature of an easement over the premises included in the turning circle, but beyond the boundaries of the street proper. Such easements shall be automatically vacated to abutting property owners, when the dead end street is legally extended into adjacent land. If such dead end street extends only one lot depth past a street intersection, no turnaround will be required. The subdivider shall be required to reserve for public use a strip of land five feet in width at the end of all dead end streets. No person or persons shall have access across this property until an adjacent subdivision is developed and streets in such development are dedicated for public use. The cost of paving such five foot strip shall be borne by the subdivider connecting into such street. (Ord. 1971 110. Passed 9 8 71.)

(f) Corner Radii. Property lines at street intersections shall be rounded with a radius of not less than fifty feet for major arterial thoroughfares, thirty feet for collector and industrial streets, and twenty five feet for local streets. Chords or cutoffs may be permitted in places of rounded corners. (Ord. 1971-130. Passed 11-17-71.)

(g) Horizontal and Vertical Curves. Angles in the alignment of street lines shall be connected by a curve with a radius on the center line of not less than 200 feet for local streets, 300 feet for collector and industrial streets, and 500 feet for major arterial thoroughfares. Between reverse curves there shall be a tangent at least 100 feet long on major arterial thoroughfares. Every change in street grade shall be made with a vertical curve to provide distance suited to the location which in no case shall be less than 300 feet from a height of four and one half feet.

(h) Intersections. Streets shall be laid out to intersect as nearly as possible at right angles and no street shall intersect any other street at an angle of less than sixty degrees. In no event shall an intersection containing streets in excess of four be approved.

(i) Street Jogs. Street jogs with center line offsets of not less than 200 feet shall be prohibited. If deemed necessary by the Planning Commission, the minimum distance be tween center line offsets may be increased. (Ord. 1971-110. Passed 9-8-71.)

1187.03 EASEMENTS.

(a) Utility Easements. Electric and telephone lines should be located along rear or side lot lines whenever possible unless buried in conduit. Easements along rear and side lot lines shall be provided for utilities and shall be at least twenty feet wide on the rear line and ten feet wide on the side line. (Ord. 1971-130. Passed 11-17-71.)

(b) Drainage Easements. Where a subdivision is traversed by a drainage way, a storm water or drainage easement conforming substantially with the lines of such drainage way shall be provided. The easement shall be twenty feet wide or shall generally follow, but not be centered upon rear and side lot lines. (Ord. 1971-110. Passed 9-8-71.)

1187.04 BLOCKS.

(a) Residential Block Lengths. The long dimension of a residential block shall not exceed 1,500 feet or be less than 800 feet.

(b) Pedestrian Walkways. Pedestrian walkways with not less than ten feet wide right of way, or of such greater width as deemed necessary by the Planning Commission, shall be required across blocks where the Planning Commission deems that pedestrian access to schools, playgrounds, shopping centers, transportation and other community facilities is necessary.

(c) Commercial or Industrial Blocks. Blocks intended to be used for commercial or industrial purposes shall be designed specifically for such uses with adequate space set aside for off street parking and loading facilities. (Ord. 1971-110. Passed 9-8-71.)

1187.05 LOTS.

(a) Zoning Conformance. The lot size, width, depth and the minimum building set back lines shall conform to the existing township or City zoning regulations.

(b) Corner Lots. Corner lots shall have extra width to permit appropriate building setback from and orientation to both streets.

(d) Double frontage Lot. Lots shall not be laid out so that they have frontage on more than one street except:

(1) Where the lots are adjacent to the intersection of two streets;

(2) Where it is necessary to separate residential lots from major arterial thoroughfares. Where double frontage lots are created adjacent to major arterial thorough fares, a reserve strip along the major arterial thoroughfare shall be deeded to the City. The plat shall state that there shall be no right of access across such reserve strip. The Planning Commission may require that a six foot high solid board fence or masonry wall be constructed or that a ten foot wide planting screen be provided.

(e) Lot Lines. Lot lines shall be substantially at right angles or radial to street lines. Lot lines should follow municipal, township and county boundary lines rather than cross them insofar as possible. (Ord. 1971-110. Passed 9-8-71.)

1187.06 PUBLIC SITES AND OPEN SPACE.

(a) Public Facilities. The design of the subdivision shall provide for parks, play grounds, schools and other sites for public use as provided in Section 1189.01 (d). Such public facilities shall conform to the Land Use and Thoroughfare Plan.

(b) Natural Features. Due consideration shall be given to preserving outstanding natural features such as scenic spots, water bodies or exceptionally fine groves of trees. Dedication to and acceptance by a public agency is usually the best means of assuring their preservation.

(Ord. 1971-110. Passed 9-8-71.)

1187.07 CONFORMITY WITH LAND USE AND THOROUGHFARE PLAN WHEN ADOPTED.

All proposed subdivisions shall conform to the Land Use and Thoroughfare Plan where not in conflict with the Zoning Ordinance. Whenever a tract to be subdivided embraces any part of a major thoroughfare or collector street shown on the adopted Land Use and Thoroughfare Plan, such part of the proposed public way shall be platted by the subdivider in the location and of the width indicated on the adopted Land Use and Thoroughfare Plan.

(Ord. 1971-110. Passed 9-8-71.)

1189.01 REQUIRED IMPROVEMENTS.

The improvements which are hereby required shall be designed, furnished and instal led by the subdivider in accordance with the provisions of these Subdivision Regulations and other regulations of the State and City. They shall be installed before the final plat is ap proved or in lieu thereof, financial guarantees for such installation shall approved prior to the approval of the final plat. The subdivider shall provide and install within the proposed subdivision improvements not less than set forth in Table 1.

TABLE 1

SCHEDULE OF REQUIRED IMPROVEMENTS

Single-family less than 80 feet

Residential Subdivisions (by average lot width) 80 feet to 120 feet

Multifamily Residential Industrial and Business over 120 feet

Subdivisions

Drainage

Grading

streets, blocks

and lots

streets, blocks

and lots

streets, blocks

and lots

streets, blocks

and lots

Storm systems

sewer system

Street improvements (for both new and existing streets)

Pavement

required

required (See Table 2)

Curbs and gutters

Gutters

required

Sidewalks

both sides

Street signs

required

Street lights

required

Street trees

required

Sewer and water

central

systems

central

systems

central

systems

central

systems

Public sites

required

Monuments

required

(Ord. 2000-55. Passed 7-5-00)

(a) Drainage. A drainage system shall be designed and constructed by the subdivider to provide for the proper drainage of the surface water of the subdivision and the drainage area of which it is a part. To this end the subdivision shall be graded as required by Table 1, the Schedule of Required Improvements, and the following requirements and methods shall be followed:

(1) Drainage Plan. Prior to the start of any construction (houses or streets), the subdivider shall furnish a plot plan showing the slab or floor elevation of each house proposed to be constructed. He/she shall also show by the use of arrows how he/she proposes to surface drain each lot. The subdivider shall submit topographic maps showing the area to be drained with calculations prepared by a registered professional engineer in determining the proposed storm water collection system.

(2) Drainage requirements (Grading). No final grading or sidewalk or pavement construction or installation of utilities shall be permitted in any proposed street until the final plat has been approved or conditionally approved. The subdivider shall grade each subdivision as specified in Table 1, the Schedule of Required Improvements, in order to establish street, block and/lot grades in proper relation to each other and to topography, as follows:

A. Street grading plan. A grading plan shall be prepared for the streets along with street improvement details. The grading of the roadway shall extend the full width of the right of way. Planting strips shall be graded at a gradient of not less than two percent or more than three percent upward from the curb to the sidewalk or property line.

B. Block and lot grading.

1. Block grading shall be as follows:

a. A ridge along rear lot lines, draining into the streets.

b. Parts of all lots draining to a sidewalk or ditch along rear lot lines.

2. Lot grading shall be as follows: Lots shall be graded so that water drains away from each building at a minimum grade of two percent. Surface drainage swales shall have a minimum grade of one half percent and shall be designed so that surface water will drain into a driveway, street gutter, storm sewer, drain inlet or natural drainage way. The minimum grades of driveways shall be four tenths percent and a maximum of fifteen percent.

C. Topsoil. If grading results in the stripping of topsoil, the topsoil shall not be removed from the site or used as fill, but shall be saved and uniformly spread over the lots as grading is finished.

D. Trees. As many trees as can be reasonably utilized in the final development plan shall be retained and the grading adjusted to the existing grade at the trees. (Ord. 1971-110. Passed 9-8-71.)

(3) Drainage system requirements. The design criteria for the drainage systems shall be based on the State of Ohio Department of Transportation, Manual of Location and Design. Runoff or design discharge for sewer design where the contributing area generally consists of pavement and a narrow strip back of the pavement shall be obtained from the rational formula: Q = CIA. The following minimum design frequencies are to be used:

Roadway ditches	2 years
Storm sewers	5 years or 10 years
Culvert under roadways	25 years
Watercourses	10 years

RUNOFF COEFFICIENTS AND RAINFALL FREQUENCIES

BASED ON GENERAL CHARACTER OF TRIBUTARY AREA

Coefficient Used in This

Description of

Area

Rainfall

Frequency

(Years

Range of

Runoff

Coefficient

Report

Open Space-Conservation

0.25

0.40

0.30

Rural Residential

0.25

0.40

0.30

Low Density Urban Residential

0.30

0.50

0.40

Medium Density Urban Residential

0.30

0.50

High Density Urban Residential

0.30

0.50

Multifamily Urban Residential

0.40

0.60

High Density Multifamily Urban Residential

0.50

0.70

0.60

High Density Multifamily - Commercial Urban Residential

0.50

0.70

0.60

Local Commercial

0.50

0.70

0.50

Office and Limited Business

0.50

0.70

0.50

Community Commercial

0.70

0.90

0.80

Central Retail - Office

0.70

0.90

Intensive and Automotive Oriented Commercial

0.70

0.90

Highway Interchange Commercial

0.70

0.90

0.80

Industrial Research and Office

0.50

0.70

0.60

Industrial

0.40

0.90

0.60

Manufacturing, Storage and Disposal

0.40

0.90

0.60

Railroad Yard Areas

0.20

0.40

0.30

(Ord. 1976-73. Passed 4-21-76.)

A. Road drainage system. The road storm drainage system shall serve as the prime drainage system. It shall be designed to carry roadway, adjacent land and house storm water drainage.

1. Road storm sewers (enclosed). The design discharged used to determine pavement inlet spacing shall be based on the rational method mentioned in this subsection (a)(3). The gutter flow between inlets shall be calculated by the equation: Q =.56Z/N S1/2 F8/3. (See Manual of Location and Design.)

The inlet spacing shall be based on a ten year frequency, fifteen minutes duration design storm. The spread of water on the pavement shall be limited to two feet into the traveled lane. In addition, standard manholes or combination manhole inlets for cleaning purposes shall be placed no further than 300 feet apart. (Ord. 1971-110. Passed 9-8-71.)

2. Storm sewer laterals. A storm sewer lateral shall be provided for each lot to accommodate footer drains and downspouts. (Ord. 1971-130. Passed 11-17-71.)

B. Off road drainage systems.

1. The design of the off road drainage system shall include the watershed affecting the allotment and shall be extended to a watercourse or ditch adequate to receive the storm drainage.

a. All watercourses or ditches with a design capacity not exceeding the capacity of a thirty six inch concrete pipe shall be enclosed. Existing creeks or ditches constructed by the subdivider which exceed the above limit shall be constructed with a minimum fifteen foot wide continuous earth roadway to provide access for maintenance equipment to all sections of the ditch. The ditch easement shall be wide enough to contain such ditch slopes and roadway with ample clearance for the operation of maintenance equipment. Open ditches will have a side slope ratio of 2:1 and a minimum two foot bottom width.

b. No open ditch shall be constructed within 100 feet of the rear of a house, as measured from the house to the edge of the ditch easement.

c. Any storm drainage courses carried along side lot lines shall be enclosed with approved pipe.

2. Easements for drainage purposes shall be a minimum of twenty feet in width. Where the watercourse is large, easement widths shall be increased as determined by the City Development Engineer. Where watercourses cross plotted lots diagonally, the subdivider shall straighten such courses where practicable and shall substantially follow sublot lines. Easements shall be shown on the record plat and deeds shall cover all existing or reconstructed watercourses.

(Ord. 1998-17. Passed 2-18-98.)

C. Protection of drainage systems. The subdivider shall adequately protect all ditches (roadways and watercourses) to the satisfaction of the City Development Engineer as follows:

1. Any watercourse having a gradient in excess of two and one half percent shall be enclosed with pipe with the necessary inlets and shall be piped to a storm sewer, if nearby, or otherwise to a natural watercourse. Where a street is of considerable length and of various gradients, part of which require storm sewers, the lengths between the storm sewers even though less than two and one half percent gradient shall also be enclosed in pipe, when required by the City Development Engineer. Material and construction shall be in accordance with the specifications of the Deputy Service Director/Superintendent of Engineering. Watercourses or road gutters having a gradient exceeding one and one half percent shall be sodded or paved with brick, concrete, half tile or broken concrete slabs. All areas within the right of way not paved or sodded shall be fertilized and seeded. (Ord. 2002-106. Passed 11-6-02)

2. All adjoining land where the vegetation has been injured or destroyed or where the land is in need of protection to prevent erosion, deposits in the drainage facilities and/or unsightly conditions shall be restored and protected as directed by the City Development Engineer.

(Ord. 1998-17. Passed 2-18-98)

3. In all cases, any drainage facility within the subdivision shall be in a stable condition, free from either erosion or sedimentation and/or other debris.

(Ord. 1998-17. Passed 2-18-98)

4. No construction shall begin until the subdivider has complied with all of the provisions of the Kent City Codified Ordinances, and obtained all permits required by the Ohio Environmental Protection Agency and the Army Corp of Engineers.(Ord. 1999-133. Passed 12-1-99)

D. Pipe policy. The following pipe policy and the pipe policy of the State of Ohio Department of Transportation, "Construction and Material Specifications, 706, 707", shall be used in designing storm sewer systems subject to the approval of the City Development Engineer.

1. All pipe lines (including culverts and storm sewers) which are located beneath the roadway shall meet the requirements set forth for Class A pipe.

2. Longitudinal storm sewer lines, not under the main roadways, shall be Class D or Class E pipe. Where these sewers are shallow or located beneath drives, Class B or Class C pipe shall be specified.

3. Longitudinal roadway drainage lines, for which sealed joints are unnecessary or undesirable, shall be Class H pipes. Portions of these drains that require stronger pipe because of shallow cover or location beneath drives shall be Class C pipe.

4. Open end driveway pipe twenty four inches or less in diameter may be Class F pipe and larger pipes shall be Class B or Class C pipe.

5. Outlet pipe or open joint drains (Class H or I), shall be in accordance with the provisions of Class F pipe and will usually be ten feet in length.

6. Pipe under drains shall be Class I pipe.

7. Pipe arches or elliptical pipes shall be Class G pipe.

(Ord. 1998-17. Passed 2-18-98)

(b) Street Improvements.

(1) The subdivider shall design and construct pavements of the sizes and types not less than set forth in Table 2 for all streets. Pavement cross sections shall be as shown in Appendix H. The construction and materials shall be as specified by the State of Ohio Department of Transportation Construction and Material Specifications or as specified by the Deputy Service Director/Superintendent of Engineering. (Ord. 2002-106. Passed 11-6-02)

(2) Henceforth all curbs installed in the City, whether they be installed by the City, governmental agency, private individual or corporation, shall be straight curbs and the same shall be six inches by eighteen inches.

(3) There is hereby established a standard for the installation or construction of catch basins in the City by either the City, governmental agency, private individual or corporation. All catch basins shall have a six inch thick concrete slab at the bottom of the same and the bottom of the basin shall be considered to be two feet below the bottom of the inlet or outlet pipe.

(Ord. 1973-72. Passed 6-6-73.)

TABLE 2

PAVEMENT STANDARDS

				Traveled
Type Street	Subbase2	Base	Curb and/or Gutter4	Widths/ Base	Width Surfaces	Width Total
Rural	2"310	6"451	Integral	27'	25'	26'
Residential	2"310	7"452	Integral	27'	25'	26'
(120' frontage or more)	4"304	5"301 or 302	1.5" 403 Curb/Gutter 24"		27'	22'	26'
See	6" 304	3"301 or 302	1.5" 403 Curb/Gutter 24"		27	22'	26'
Notes	7"411	1.5"302	1.5" 403 Curb/Gutter 24"		27'	22'	26'
Below	9"304	2"302	1.5" 403 Curb/Gutter 24"		27'	22'	26'
	2"310	6"451	Integral	27'	25'	26'
	2"301	7"452	Integral	27'	25'	26'
*Urban Single- Family Residential (less than 80' or 80' to 120' frontage)	5"304	5.5" 301 or 302	1.5" 403 24" C/G		27'	22'	26'
	7"304	4" 301 or 302	1.5" 403 24" C/G		27'	22'	26'
	7" 411	2" 302	1.5" 403 24" C/G		27'	22'	26'
Light Industrial	2" 310	6" 451	Integral		31'	29'	30'
	2" 310	7" 452	Integral		31'	29'	30'
	5" 304	6" 301 or 302	1.5" 403 24" C/G		31'	26'	30'
	7"304	4"301 or 302	1.5" 403 24" C/G		31'	26'	30'
	8" 411	2" 302	1.5" 403 24" C/G		31'	26'	30'
	10" 3042	5" 302	1.5" 403 24" C/G		31'	26'	30'
Collector	2" 310	7" 451	Integral	33'	31'	32'
	2" 310	8" 452	Integral	33'	31'	32'
	6" 304	6" 301 or 302	1.5" 403 6" x 18"	33'	30'	32'
	8" 304	5" 301 or 302	1.5" 403 6" x 18"	33'	30'	32'
	8" 411	2.5" 302	1.5" 403 6" x 18"	33'	30'	32'
	10"304	3" 302	1.5" 403 6" x 18"		33'	30'	32'

* Urban multifamily residential minimum pavement standards shall be the same as single family residential minimum paving standards except where the Deputy Service Director/Superintendent of Engineering determines that a collector street shall be included.

(Ord. 2002-106. Passed 11-6-02)

Notes:

1. All methods of construction, materials and machinery used shall meet the requirements of the current State of Ohio Construction and Materials Specifications and the specifications of the City of Kent, unless otherwise ordered by the Deputy Service Director/Superintendent of Engineering. (Ord. 2002-106. Passed 11-6-02)

2. Subgrades shall be inspected and approved by the City Development Engineer before any materials are placed. Each material course shall be accepted by the City Development Engineer before the succeeding course is constructed. (The requirement for subbase course under pavements may be waived by the Deputy Service Director/Superintendent of Engineering.)

(Ord. 2002-106. Passed 11-6-02)

3. The type and quantities of materials to be used will be determined by the City Development Engineer. The surface preparation shall be a prime coat (407) or a tack coat (408) as required by the City Development Engineer.

4. Except where 452 or 451 pavement is used, all curbing shall be 24" wide combination curb and gutter sections, constructed of Portland cement concrete. Minimum gutter thickness shall be 6". The specified subbase material shall extend the full width under the curb and gutter section, to the subgrade line. Underdrains shall be installed and connected to curb inlets.

Residential curb shall be standard curb 6" higher than the gutter. Curbing on collector and industrial streets shall be standard curb 6" higher than the gutter (6" x 18").

Curb openings for ditches, drains, etc., are not permitted.

5. Surface width is area between curb and gutter sections. Total width is back to back of curbings. (Ord. 1971-110. Passed 9-8-71.)

(4) Pavements. Higher standards and/or greater widths than indicated herein may be required by the City Development Engineer or Planning Commission to adequately provide for unusual soil conditions or extraordinary traffic volume or loads. After the underground utilities and house connections are installed and rough grading completed, the roadway subgrade shall be shaped, rolled and compacted. The subdivider may construct a temporary roadway of slag or stone for use during the building construction period. Such pavements shall be maintained in a safe and passable condition by the subdivider without expense to the City.

(Ord. 1971-110. Passed 9-8-71.)

(5) Curbs and gutters. Concrete curbs shall be provided where indicated on the required improvement schedule. (Ord. 1973-72. Passed 6-6-73.)

(6) Sidewalks. Sidewalks shall be provided as specified in the required improvement schedule and in the location shown by the typical cross section in Appendix H. Sidewalks shall be constructed of concrete four inches thick with the thickness increased to six inches where the sidewalk is crossed by a driveway. The construction and materials shall be as specified in 608 of the State of Ohio Department of Transportation Construction and Material Specifications or as specified by the Deputy Service Director/Superintendent of Engineering.

(7) Street name signs. The subdivider shall install a street sign showing the names of all streets at all street intersections. The signs shall conform to the specifications of the Deputy Service Director/Superintendent of Engineering and be mounted at a height of approximately seven feet above the top of the curb or the crown of the pavement. Signs shall be erected by the time the prospective rights-of-way are open for public use, or the base paving coat is installed, whichever is sooner. The sign shall be located as directed by the City Development Engineer. (Ord. 2002-106. Passed 11-6-02)

(8) Street lights and underground utility lines. In all new allotments or reallotments, all utility lines including those for street lighting, shall be installed underground and all street light poles shall be of the approved metal type. All owners or petitioners for subdivision of land shall grant easements for such lines and areas as are needed by the utilities for installation, maintenance and replacement of their lines and needed equipment including street lighting. Street lights shall be installed by the utility company when ordered by the Service Director. However, in all new allotments street lights shall be installed prior to completion of the development and release of the developer's bond. The subdivider shall arrange for the installation of street lights in the subdivision.

(9) Street trees. The trees shall be provided only on streets with curbs and gutters as required in the improvement schedule and as follows:

A. Species. The trees shall be species which are resistant to damage and disease and which do not cause interference with underground utilities or street lighting. The species of trees suggested are Red Maple, Norway Maple, Sugar Maple, Sycamore Maple, Red Oak, Thornless Honey Locust, London Plane Tree, Amur Cork Tree and Sweet Gum, Buckeye, Ruby Red Horse chestnut, European Hornbeam, Hornbeam, American Hop Horn beam, and varieties of each, and European Linden.

Trees which have undesirable characteristics such as fruit, low branches, unpleasant odors, excessively thick foliage, susceptibility to disease or attach by insects, or large root systems such as Poplar, Willow, Cottonwood, American Elm, Ailanthus, Mountain Ash, Silver Maple, Ashed Leaved Maple and Oregon Maple and evergreens are prohibited in the planting strip. Poplar, Willow or Cottonwood trees, if planted on private property, shall be located not less than 100 feet from any public sewer. The subdivider shall furnish plans prepared by a landscape architect or a qualified person having knowledge and experience in the landscape industry; plans shall show location, spacing, size, variety and other pertinent data

concerning street trees. Also the subdivider shall install them in an approved plan. Such plans and installation shall be done with the approval and cooperation of the Kent Shade Tree Commission. It is advised that a tree with an ultimate height of less than forty feet be used. Trees to be planted shall be one and three quarters inches to two inches in diameter measured one foot above ground level. Lowest branches should not be less than four feet nor higher than six feet above the ground. Trees shall be balled and burlaped in condition according to American Nurseyman Standards. Trees normally should not be planted closer than forty feet to each other. No tree should be planted closer than twenty five feet to the squared sidewalk corner of a street intersection, prefer ably this distance will be closer to thirty five feet. (See Appendix I.) Present and future approaches to dwellings and garages shall be consider ed in location of trees. Best results will be obtained if planting is done during the months of April, May, October or November. Where condition or type of soil is unfavorable to plant growth, a volume of not less than one cubic yard of good topsoil should be placed around the roots. Trees should be mulched and artificially watered to stimulate good root, stem and leaf growth.

B. Location (See Appendix I.)

C. Tree and tree planting specifications. Trees shall be one and three quarters inches to two inches in trunk diameter, measured six inches above the ground level, balled and burlaped, in condition. Height of tree shall be ten to twelve feet with lowest branching between four and six feet, straight trunked and grown as a street tree in the nursery row. Size, balling, branching and quality of tree shall be according to U.S.A. standard for Nursery Stock (USAS Z 60. 1 1969)

Planting Procedure. Tree pits should be dug with sides approximately vertical to a depth of twenty two inches and with a diameter of thirty six inches. When rock, hard pan, stumps and roots, and any undesirable material is encountered, the pit shall be dug a minimum nine inches greater than the approximate required depth. All undesirable material shall be removed and replaced with topsoil.

Plant the tree at the same level or slightly higher than it had been at the nursery. Back fill used around tree in the planting process shall be of a good quality topsoil free of stones, roots, weeds and other undesirable material. Peat moss may be mixed with topsoil backfill. Under no circumstances shall dry peat moss be used in the mixing process. A saucer shall be left around tree and tree watered. (See Tree Pit and Staking Detail, Appendix I.) Stake trees with two inch by two inch by eight foot hardwood stake or snow fence stake. Use a cross tie in the form of an X to support the tree and tie the stake in such a manner that the wind does not cause the tree to be de barked upon the stake. (See Tree Pit and Staking Detail.) The trunk shall be wrapped to prevent sun scald. Mulching shall be of well rotted manure or wood chips within the saucer area. When wood chips are used, a commercial fertilizer shall be used prior to placement of chips.

(10) Planting screens or fences. The Planning Commission may require and permit planting screens or fences where reverse frontage lots abut a major arterial street or between a major arterial thoroughfare and a marginal access street, provided that such planting screens or fences shall not constitute a safety hazard. A plan of proposed planting screens or fences shall be submitted for approval with the final plat.

(Ord. 1998-17. Passed 2-17-98)

Street traffic control devices and regulatory signs. The subdivider shall install traffic signs showing the parking restrictions and traffic movement limitations on all proposed streets. Signs shall be erected by the time the prospective rights-of-way are open for public use, or the base paving coat is installed, whichever is sooner. The signs shall conform to the specifications of the Deputy Service Director/Superintendent of Engineering and be mounted at a height of approximately seven feet above the top of the curb or the crown of the pavement. The signs shall be located as directed by the City Development Engineer.

(Ord. 2002-106. Passed 11-6-02.)

(1) Adequate central sanitary sewer, including manholes, house laterals and other incidentals, and water supply systems, shall be provided by the subdivider, either by the installation of new systems or by connection to existing systems which are deemed adequate by the City Development Engineer to handle the additional demands and volume which will result from the proposed subdivision. The subdivider, prior to the submission of the plat for approval by the Planning Commission, must receive the prior written approval for the extension or installation of the central water system and central sanitary sewer system from the City Development Engineer, the Ohio Department of Health, and particular private or public utilities involved. All sanitary sewer pipes shall be coupled with a gasket to conform with the requirements of ASTM (American Society Testing Material) Designation C 700 71 T or the latest revision thereof. Sewer joints shall be designed to minimize infiltration and to prevent the entrance of roots. The leakage outward or the infiltration should not exceed 500 gallons per inch of pipe diameter per mile per day for any section of the system.

(2) Every manhole installed in this City, whether the same shall be of precast concrete or brick, shall have underneath an eight inch concrete base slab.

(3) The base slab, shall be SHD Class "C" concrete.

(4) Where a precast concrete manhole is used, the base ring shall be blocked up in the excavation with concrete brick and an eight inch concrete base slab shall be poured into the excavated bottom so that the concrete flows under, in back of and outside of the precast base ring.

(5) The provisions hereof shall apply whether the base slab is installed by this City, other governmental agency, contractor, individual, partnership or corporation. (Ord. 1973-72. Passed 6-6-73.)

(d) Public Sites.

(1) The Planning Commission shall require the dedication of land, parks, playgrounds, open space and/or school sites as specified in Chapter 1191. Where the Land Use and Thoroughfare Plan shows the planned location of such public sites, the Planning Commission shall require that such dedication be in conformance with that Plan.

(2) Any land dedicated for a public park or open space (other than buffer areas which separate industrial or business areas from residential areas) shall be graded, fertilized and seeded as listed as the following:

Fertilizing - Commercial fertilizer, 12-12-12 applied at the rate of twenty-pounds per 1000 square feet

Seeding - 40% Kentucky Blue Grass

15% Saturn Perennial Rye

15% Prizm Perennial Rye

15% Manhattan 3 Perennial

15% Affinity Perennial Rye

Applied at the rate of 5 lb/m

(e) Monuments. Monuments shall be one inch pipe or steel rods set in and running through a concrete block at least six inches in diameter and at least thirty inches long and the bottom of such block shall be set at least thirty inches deep, below finished grade in the plat, and the points at which they may be found shall be designated on the plat. All monuments set in pavements shall be set in standard type monument boxes. Where new streets intersect existing highways, monuments shall be placed on the center line of the new road at the right of way of the existing road. Four monuments shall be set in each plat of ten lots or less, and not less than six shall be set in each plat containing over ten lots. Iron pins shall be set at all lot corners and in all changes in lot line direction. Monuments shall be set on center line and right of way line and all P. C., P. T. and street intersections with additional monuments to be placed at the direction of the Deputy Service Director/Superintendent of Engineering.

(Ord. 2002-106. Passed 11-6-02)

1189.02 OVERSIZE AND/OR OFF SITE IMPROVEMENTS.

Oversize and/or off site extensions of utilities, pavements and other improvements shall be designed and constructed to facilitate the orderly development of nearby land which is an integral part of the neighborhood service or drainage area. Where the City Development Engineer determines that improvements in excess of the size needed to serve the proposed sub division are necessary, the subdivider shall install all improvements required to serve his/her subdivision plus the additional oversize and/or off site improvements required. The sub divider may contract with adjacent property owners and/or subdividers of adjacent land for reimbursement of the oversize and/or off site improvements required. Such improvements shall be available for connections by individual property owners and/or subdividers of adjoining land.

(Ord. 1998-17. Passed 2-18-98)

1189.03 CONSTRUCTION REQUIREMENTS.

(a) Preconstruction Meeting and Work Schedule. A preconstruction meeting will be held with the City Development Engineer prior to the commencement of any project. At this time the project will be discussed in regard to procedure, plans, materials, inspections, etc.

(b) Construction Inspections.

(1) Responsible official. The City Development Engineer shall be responsible for the inspection of all improvements.

(2) Authority and duties of inspectors. Inspectors for the City shall be authorized to inspect any work done and all materials furnished. Such inspection may extend to all or any part of the work and to the preparation, fabrication or manufacture of the materials to be used. The inspector shall not be authorized to revoke, alter or waive any requirements of the specifications or plans. He/she shall be authorized to call the attention of the contractor to any failure of the work or materials to conform to the specifications and contract. He/she shall have the authority to reject materials which do not meet specification requirements or suspend the portion of the work involved until any question at issue can be referred to and decided by the Deputy Service Director/Superintendent of Engineering. Inspection during the installation of improvements shall be made by the inspector to insure conformity with the approved plans and specifications as contained in the subdivider's construction agreement. (See Section 1181.05 for fees.) (Ord. 2002-106. Passed 11-6-02)

(3) Final inspection. Upon completion of all the improvements, the subdivider shall request in writing a final inspection by the City Development Engineer. The Deputy Service Director/Superintendent of Engineering shall make a final inspection of improvements.

(Ord. 2002-106. Passed 11-6-02)

(1) Cooperation of subdivider and/or contractor. The subdivider and/or contractor shall have available on the project at all times, two approved copies of all required plans and specifications. He/she shall cooperate with the inspector and with other contractors in every way possible. The subdivider and/or contract or shall at all times have a competent superintendent acting as his/her agent on the project. The superintendent shall be capable of reading and thoroughly understanding the plans and specifications. He/she shall have full authority to execute the plans and specifications and to promptly supply such materials, tools, plant equipment and labor as may be required. A superintendent shall be furnished irrespective of the amount of work sublet.

(Ord. 1971-110. Passed 9-8-71.)

(2) Work schedules. The subdivider and/or contractor shall submit work schedules to the City Development Engineer. Work which has not been properly scheduled shall not be accepted by the City Development Engineer. (Ord. 1971-130. Passed 11-17-71.)

(3) Grade stakes. Pavement and pipe grade stakes shall be set at twenty five foot intervals on horizontal and vertical curves and for all grades less than one percent. Tangent pavement grades and pipe grades over one percent may be set at a maximum interval of fifty feet. The inspector may ask for addition al grade stakes if it is deemed necessary.

(4) Repair of damage. Any damage done to the improvements by construction traffic, local traffic or by any other means shall be repaired or the damaged materials replaced before the next item of construction is begun.

(5) Final cleaning up. Upon completion of the work and before acceptance, the subdivider and/or contractor shall clean all ground occupied or affected by him in connection with the work. The entire area shall be left in a neat and presentable condition satisfactory to the inspector.

(6) Maintenance of improvements of dedicated streets. The subdivider shall be responsible for the maintenance of the improvements during the construction period and shall be responsible for providing the services necessary to guarantee access to all occupied lots, until final acceptance of the improvements by the City Development Engineer. The subdivider shall be notified by the City Development Engineer or Planning Commission of the need for such maintenance or service. If the subdivider fails to perform such necessary maintenance or service within a time specified by the City Development Engineer, the Deputy Service Director/Superintendent of Engineering may perform such maintenance or service and bill the subdivider for such service. Payment shall be guaranteed by the performance bond. In addition, the subdivider shall maintain all improvements for such periods specified in Section 1189.04(d).

(Ord. 2002-106. Passed 11-6-02)

1189.04 AGREEMENTS AND GUARANTEES.

No subdivision shall be approved until the improvements required have been constructed or a cash bond, as determined by the Law Director, has been deposited with the Director of Finance guaranteeing the faithful performance of the construction of such streets, sidewalks, storm sewers, sanitary sewers and other required improvements in any new subdivision.

(a) Construction Agreement. To assure construction and installation of improvements required by these Subdivision Regulations, the subdivider shall execute a construction agreement with the Director of Public Service in form and substance as determined by the Deputy Service Director/Superintendent of Engineering and approved by the City's Law Director. This agreement shall provide that all such improvements shall be constructed and installed at the subdivider's expense in compliance with the standards and specifications for each of the various types of improvements; such improvements shall be available to and for the benefit of the lands within such subdivision; that such improvements will be completed and installed within twenty four months of the date of conditional approval of the final plat as permitted according to Section 1183.04 . Any further provisions that the City's Law Director may deem necessary in the public interest may be added. The construction agreement shall further provide that, in the case where approval of the final plat has been given before construction of improvements and a performance guarantee has been provided and if the improvements are not completed within the specified time, the City upon proper notice may complete the improvements and recover full costs and expenses thereof from the subdivider and may appropriate such portion of money or bonds posted for the faithful performance of such work. (Ord. 2002-106. Passed 11-6-02)

(b) Commencement of Improvements. No construction of any improvements or clearing, grubbing and grading shall be commenced prior to the approval of the construction agreement by the Director of Public Service.

(1) Type. The subdivider, in lieu of actual installation or completion of the required improvements when requesting conditional approval of a final plat, shall execute and file a construction agreement and cash bond in accordance with Section 1183.04 (e)(3)A. (Ord. 1971-110. Passed 9-8-71.)

(2) Term. Guarantees shall be for a period of not longer than two years unless the Director of Public Service shall extend the time period by resolution. (Ord. 1971-130. Passed 11-17-71.)

(3) Amount. The financial guarantee shall be in an amount equal to the subdivider's estimate approved by the City Development Engineer of the cost of construction of all improvements plus ten percent.

(d) Maintenance Guarantees. A cash maintenance bond shall be posted with the Director of Public Service in the amount of ten percent of the cost of improvements and shall be arranged for a period of twenty four months from date of acceptance of improvements by the Deputy Service Director/Superintendent of Engineering. The subdivider shall be responsible for routine maintenance of all improvements and shall repair all failures due to faulty construction as soon as they become apparent.

He/she shall also make repairs due to erosion or abuse by utility companies and shall repair all failures for all other reasons during the maintenance guarantee period. The streets, street trees, monuments and other improvements shall be in a condition acceptable to the Director of Public Service at the end of the maintenance period. If the subdivider fails to perform such maintenance to the complete satisfaction of the Director of Public Service, the Director of Public Service may use such cash maintenance guarantee for improvements of properties within the subdivision. (Ord. 2002-106. Passed 11-6-02)

(e) Liability Insurance. The subdivider shall furnish such insurance as is deemed necessary by the Manager or his/her designee which shall indemnify and save harmless the City from any and all liability arising by reason of the conditions which may arise or grow out of the construction or installation of such facilities. The insurance shall be of such duration as determined by the Law Director but shall in no case be allowed to expire earlier than the effective period of any maintenance bond. A copy of the insurance policy shall remain at all times with the Law Director.

(f) Title Insurance. A title insurance policy in an amount to be determined by the Law Director will be issued insuring the title of the lands to be dedicated, and that all taxes are paid on any streets or other lands dedicated to public use. The title insurance policy shall show the release by the mortgage holder, if any, of all interest in all property dedicated to a public use. These conditions must be complied with before final effective approval of the subdivision.

(Ord. 1971 110. Passed 9 8 71.)

1191.01 FINDINGS.

Kent City Council determines and finds as follows:

(a) In order to address new population growth and development activity, maintain park standards, and continue to promote and protect the public’s health and safety, the City of Kent supports the expansion, preservation, and maintenance of its public parks, trails, open spaces, and recreational facilities, collectively known as “public park facilities.”

(b) The City of Kent has not secured other financial commitments or sources sufficient to serve new population growth and development activity with public park facilities at the level of service established by the City.

(1) Adequate public park facilities are available to serve population growth and development.

(2) New development that generates population growth pays a proportionate share of the cost of new public park facilities to align with such growth.

(d) Such payments may be used to address deficiencies in public park facilities that are reasonably related to the population growth and development.

(e) Accurate and equitable procedures for measuring the impact of new population growth and development activity on public park facilities, establishing the existing level of service provided by such public park facilities, and determining the cost to maintain the existing level of service have been developed by the City in its most currently adopted Parks & Recreation Department comprehensive planning effort. The fee schedule and other procedures established by this chapter are based upon those planning studies.

(f) In developing the schedule of park impact fees contained in this chapter, consideration has been given to taxes which have or will be paid by the new development activity into the City’s general fund and earmarked for the general maintenance and operations of all City services.

(g) The adoption of the park impact fee ordinance codified in this chapter is necessary for the support of City government and its institutions.

(h) The provisions of this chapter and its adoption fulfill an urgent need to assess new development activities with their proportionate share of public park facility impacts; to minimize any potential disruption to the development activity; and to ensure equitable treatment of all development activities subject to the assignment of a park impact fee.

Future adjustment of the park impact fee schedule, if any, should be based on the findings in subsections (a) through (h) of this section.

(Ord. 2022-031. Passed 4-20-22.)

1191.02 DEFINITIONS

The following words and terms will have the following meanings for the purposes of this chapter unless the context clearly requires otherwise. Terms otherwise not defined herein shall be defined pursuant to the definitions contained within the City of Kent Planning and Zoning Code, then the Ohio Revised Code, or, if none of the aforementioned apply, given their usual and customary meaning.

(a) “City” means the City of Kent, Ohio.

(b) “Council” means the City Council of the City of Kent.

(c) “Development activity” means any construction or expansion of a residential building or structure that results in additional residential dwelling units within the City’s jurisdictional boundaries.

(d) “Feepayer” means any person, corporation, partnership, incorporated association, or any other similar entity, or department or bureau of any governmental entity or municipal corporation, including the state or federal government, which commences a land development activity that is categorized as having a residential land purpose, in whole or in part, and requires the issuance of a building permit.

(e) “Park impact fee” means a payment of money imposed by the City on development activity pursuant to this chapter, as a condition of granting development site plan approval, in order to pay for the public park facilities needed to serve the new population growth and development activity. “Park impact fee” does not include reasonable development related permit fee(s), application fee(s), plan review fee(s), or administrative costs of carrying out the provisions of this chapter.

(f) “Public park facilities” means publicly owned parks, trails, open spaces, and recreational facilities.

(Ord. 2022-031. Passed 4-20-22.)

1191.03 PARK IMPACT FEES SCHEDULE

(a) The following fee schedule and assessment methods shall be used to determine the amount to be charged for park impact fees applicable to residential projects which result in population growth and development within the City limits:

Residential Dwelling Unit Type

Park Impact Fee

(1) Each newly added single-family residential dwelling

structure

$500

2) Each newly added single-family residential dwelling unit in a two-family, multifamily, or apartment complex

$500

(3) Each newly added residential dwelling unit in a mixed use structure

$500

(4) Each newly added bedroom in each rooming house or

boarding house

$500

(5) Each newly added manufactured or mobile home residential unit installed on a fixed foundation

$500

(Ord. 2022-031. Passed 4-20-22.)

1191.04 ASSESSMENT OF PARK IMPACT FEES

The City shall collect park impact fees based upon the schedule or methods outlined in this chapter, for all residential development activity within the jurisdictional boundaries of the City of Kent if such activity requires the issuance of a subdivision, conditional use, building, or other development-enabling permit, which will result in the construction of new residential dwelling unit(s) or any additional new residential principal use occupancy.

Collection of the park impact fee shall occur when application is made for a building or zoning permit. The appropriate park impact fee, as determined by this chapter, shall be added to the cost of the building or zoning permit for those development projects covered by the chapter.

(Ord. 2022-031. Passed 4-20-22.)

1191.05 CAPITAL IMPROVEMENT FUND; MATCHING AMOUNT

There is hereby created a Parks and Recreation Development Fund. There shall be paid into the Parks and Recreation Development Fund such funds set forth and collected as indicated in Section 1191.03. The City of Kent shall provide a matching amount equal to the amount of fees collected as stated in Section 1191.03 or the amount of what would have been paid if the developer had not contributed real property to the City of Kent in lieu of fees. This matching amount shall be appropriated from the General Fund, or other municipal funds other than those collected under the terms of Section 1191.03. Expenditures made by the City of Kent from funds other than those collected under the terms of Section 1191.03 shall be considered to be a matching amount if expended for any of the purpose listed in Section 1191.01. The Director of Budget and Finance shall keep an accurate record of all matching amounts and expenditures considered to be a matching amount to ensure that the proper match occurs.

(Ord. 2022-031. Passed 4-20-22.)

1191.06 EXEMPTIONS

The following are exempt from the payment of park impact fees:

(a) Building or other development permits for projects or developments assessed some form of mitigation payment or land dedication which said assessment preceded the effective date of this chapter.

(b) Alterations, expansions, enlargements, remodeling, rehabilitation, or conversion of an existing residential structure, if no additional residential dwelling unit(s) are added or created and the use is not changed.

(d) Replacement of a structure with a new structure of the same or similar size, same use, and the same number, or less, of residential dwelling units, when such replacement occurs within twelve (12) months of the demolition or destruction of the prior structure.

(e) Dormitories or student-oriented housing owned by a State of Ohio public college or university.

(Ord. 2022-031. Passed 4-20-22.)

1191.07 CREDITS AND ADJUSTMENTS.

A feepayer may request and the City may determine, that a credit should be awarded for the value of dedicated land, improvements, or construction which has been provided by the feepayer and which has been accepted by the City as the result of the voluntary offer of the feepayer. In order to qualify for a credit, the City shall determine that such dedication, improvement, or construction is included in the City’s adopted Capital Improvement Plan and will directly serve the goals and objectives of the most currently approved Parks and Recreation Department comprehensive plan.

For each request for a credit, the City shall, as appropriate, prepare an estimate and have an appraisal conducted to determine the value of the land or cost of the improvement or construction for which the credit is requested. The City shall choose the services of an independent appraiser and the cost of the appraisal shall be paid for by the feepayer. In the case of proposed improvements or construction, the City shall prepare estimates of the value utilizing appropriate City or other professional staff qualified to estimate value in the appropriate subject area. If feebased professional consulting services are needed to prepare the estimate, the cost for such services shall be paid by the feepayer.

Any claim for credit must be made before the issuance of subdivision, conditional use, building, or other development-enabling permit is requested or not later than thirty (30) calendar days after the dedication of land or the completion of construction.

Credit shall only be given for the value of land dedication or project improvements directly related to those facilities covered by this chapter or otherwise determined to qualify by the City under the provisions of this chapter.

A feepayer may request an adjustment to the park impact fee assessed to a particular development activity based upon unusual circumstances or alternative methods of computing the park impact fee amount which can be justified by unusual or special circumstances, including but not limited to, publicly supported transitional housing residential units for at-need populations, emergency homeless shelter services, and/or supportive housing units. A request for an adjustment in the park impact fee amount or application shall not be made before the full amount of the park impact fee for the development activity has been calculated by the City. The feepayer must include a description of the unusual or special circumstances which serve as the basis for the request for adjustment and provide documentation supporting the adjustment request. The City shall consider any documentation, studies, or other data submitted by the feepayer which support alternative methods of computing the park impact fee to be assessed. The City shall base a determination on the information provided by the feepayer and notify the feepayer in writing of the determination. Determinations made by the City pursuant to this section shall be subject to the appeals procedures set forth in this chapter.

(Ord. 2022-031. Passed 4-20-22.)

1191.08 APPEALS.

Any feepayer may pay the park impact fees imposed by this chapter under protest in order to obtain a subdivision, conditional use, building, or other development-enabling permit. Appeals regarding the park impact fee imposed on any development activity or the credit established by the City under this chapter may only be taken by the feepayer of the property where such development activity will occur. No appeal shall be permitted unless and until the park impact fee(s) at issue have been paid, the dedication of land or posting of a cash bond made, or other form of security acceptable to the City has been given. The amount of the bond or other security shall be equal to the value of land or construction of improvement claimed by the fee payer.

Appeals shall be made in conformance with and governed by the procedures set forth in KCO Section 1111.03(D)(1), except that said appeal shall be heard by the Planning Commission as dictated by KCO Section 1111.02(F) and the time period for filing the appeal shall be within ten (10) working days of the payment of the park impact fees, dedication of land, or posting of a cash bond or other acceptable form of security.

(Ord. 2022-031. Passed 4-20-22.)

Kent City Zoning Code

TITLE SEVEN

Subdivision Regulations

APPENDIX A TYPICAL MINOR SUBDIVISION MAP

RULES AND REGULATIONS FOR ACCEPTANCE OF A ONE LOT SUBDIVISION

Draw on linen or mylar.

Size 8½ x 14 or multiple thereof as 17 x 28.

Survey must close within error limit of 1/5000.

Survey must be tied into a lot corner or intersection

of two roads by bearing and distance.

Drawing need not be to scale - use of broken lines

permitted.

North point must be shown.

Names of adjoining owners.

Carry acreage to three decimal places.

Linear measurements to 1/100 of a foot.

Description to run clockwise from place of beginning.

(Ord. 1971-110. Passed 9-8-71.)

APPENDIX B APPLICATION FOR PRELIMINARY PLAN APPROVAL

Submit two (2) copies to the City Engineer.

APPLICATION FOR PRELIMINARY PLAN APPROVAL

City of Kent, Ohio

Name of Subdivision:

Location:

Name of Subdivider:

Address of Subdivider:

Phone No. where subdivider can be reached:

Owner:

Owner’s Address:

Owner’s Phone No.:

Application is hereby made for approval of the Preliminary Plan.

The following documents are made a part of this application:

a. One (1) copy of the Preliminary Steps Certification.

b. Eight (8) copies of the Preliminary Plan including a Vicinity Map.

c. Certificate of Zoning Compliance from the township endorsed on one (1) copy of the Plan.

d. Names and addresses of adjacent property owners.

e. Any other data the staff deems necessary.

Action by the Planning Commission should be sent to:

Name:

Address:

Respectfully submitted this day of , 19

Signed

Number of lots Preliminary Plan Fee

Planning Commission Action: Approve Approve Conditionally

Disapprove

Comments:

Date:

Chairman of Planning Commission

(Ord. 1971-110. Passed 9-8-71.)

APPENDIX C PRELIMINARY STEPS CERTIFICATION FORM

Submit one (1) copy to the City Engineer

PRELIMINARY STEPS CERTIFICATION FORM

City of Kent, Ohio

Name of Subdivision:

Location:

Name of Subdivider:

Address of Subdivider:

Phone No. where subdivider can be reached:

Agency Signature

Planning Commission

Health Department (State and/or County)

City Engineer

Electric Company

Gas Company

Telephone Company

(Ord. 1971-110. Passed 9-8-71.)

APPENDIX D TYPICAL PRELIMINARY PLAN SUBDIVISION MAP

(Ord. 1971-110. Passed 9-8-71.)

APPENDIX E APPLICATION FOR FINAL PLAT APPROVAL

Submit two (2) copies to the City Engineer.

APPLICATION FOR FINAL PLAT APPROVAL

City of Kent, Ohio

Name of Subdivision:

Location:

Name of Subdivider:

Address of Subdivider:

Phone No. where subdivider can be reached:

Application is hereby made for approval of the final plat. The following documents are made a part of this application:

a. One (1) copy of Protective Covenants, if proposed.

b. Original tracing and two (2) copies of Final Plat and Vicinity Map.

c. Original tracing and four (4) copies of approved improvement plans.

d. One (1) copy of financial guarantees approved by City Solicitor in amount stated by City Engineer.

Action by the Planning Commission should be sent to:

Name:

Address:

Respectfully submitted this day of , 19

Signed

Final Plat Fee

Planning Commission Action Approved

Conditionally Approve, Improvements to be Constructed

Comments:

Date:

Chairman of Planning Commission

(Ord. 1971-110. Passed 9-8-71.)

APPENDIX F TYPICAL FINAL PLAT SUBDIVISION MAP

(Ord. 1971-110. Passed 9-8-71.)

APPENDIX G EXAMPLES OF CERTIFICATIONS AND STATEMENTS

CERTIFICATIONS AND STATEMENTS

City of Kent, Ohio

1. Notarized certification by owners:

Witness Owner

State of Ohio )

County ) ss

Notary Public

2. Notarized certification by surveyor or engineer:

Registered Surveyor

State of Ohio )

County ) ss

3. Approval statements:

Approved by the Kent City Planning Commission this day of ,

19 .

Chairman

Secretary

Approved by the City Engineer this day of , 19 .

City Engineer

Approved by the County Board of Health this day of , 19 .

Health Commissioner

This plat was duly accepted by ordinance of the Kent City Council this day of , 19 .

Recorder

(2/3 Council vote required to override Planning Commission recommendation)

Recorded this day of , 19 , at a.m., p.m. in the plat book no. page .

County Auditor

Received for transfer this day of , 19 .

Tax Map Draftsman

Township Trustees should also sign if subdivision is outside of the City limits.

(Ord. 1971-110. Passed 9-8-71.)

APPENDIX H PAVEMENT CROSS SECTIONS

Typical Cross Sections

URBAN SINGLE FAMILY RESIDENTIAL 60 R/W

LIGHT INDUSTRIAL STREET OR

URBAN MULTIFAMILY RESIDENTIAL 60 R/W

COLLECTOR STREET 80 R/W

(Ord. 1971-130. Passed 11-17-71.)

APPENDIX I
TYPICAL PLANTING PLAN

(Ord. 1971-110. Passed 9-8-71.)

1177.01 PURPOSE.

These Subdivision Regulations are adopted to secure and provide for:

(a) The proper arrangement of streets and highways in relation to existing or proposed streets and highways and the thoroughfare plan.

(b) Adequate and convenient open spaces for traffic, utilities, access of fire fighting apparatus, recreation, light and air and the avoidance of congestion of the population.

(d) The orderly and efficient provision of community facilities at the minimum cost and maximum convenience.

(e) Safe and convenient vehicular and pedestrian movement.

(f) The promotion of public health, safety, morals, comfort, convenience, prosperity or general welfare.

(g) The accurate surveying of land, preparing and recording of plats.

(h) The equitable handling of all subdivision plats by providing uniform procedures and standards for observance by both the approving authority and subdivider.

(Ord. 1971-130. Passed 11-17-71.)

1177.02 AUTHORITY.

1177.03 INTERPRETATION.

The provisions of these Subdivision Regulations shall be construed to be minimum requirements. (Ord. 1971-110. Passed 9-8-71. )

1179.01 INTENT.

Throughout these Subdivision Regulations, the following terms shall have the meaning given herein. (Ord. 1971-110. Passed 9-8-71.)

1179.02 GENERAL TERMS.

(a) Words used in singular include the plural.

(b) Words used in present tense include the future tense.

(Ord. 1971-110. Passed 9-8-71.)

1179.03 SPECIFIC TERMS.

(a) "Building setback line" means a line establishing the limits of a yard which abuts a street and in which yard no building may be located.

(b) "Cul de sac" means a local street having one end open to vehicular traffic and the other end permanently terminated by a vehicular turnaround.

(c) "Dead end street" means a street temporarily having only one outlet for vehicular traffic and intended to be extended or continued in the future.

(d) "Easement" means a grant of the use of land for a specific purpose.

(f) "Land Use and Thoroughfare Plan" means mapped and/or written proposals for the future development of the area.

(h) "Corner lot" means a lot at the point of intersection of and abutting on two intersecting streets.

(i) "Double frontage lot" means a lot, other than a corner lot, that abuts more than one street.

(j) "Lot lines" means the boundaries of a lot.

(l) "Pedestrian walkways" means a dedicated public right of way limited to pedestrian use.

(m) "Planning Commission" or "Commission" means the City Planning Commission.

(n) "Plat" means a final map of all or a portion of a subdivision which, if approved, may be recorded.

(o) "Preliminary plan" means a drawing for the purpose of study of a major subdivision and which, if approved, permits proceeding with the preparation of the final plat.

(r) "Regional land use plan" means a plan showing the proposed location of uses in the region.

(s) "Secretary" means the Secretary of the Planning Commission.

(t) "Staff" means persons so designated by the Commission.

(u) "Street" means a public or private right of way for vehicular and pedestrian use.

(v) "Subdivider" means any individual, firm, association, corporation, trust or any legal entity, including agents commencing proceedings under these Regulations to subdivide land.

(w) "Subdivision" means:

1181.01 ADMINISTRATION.

The Service Director shall administer these Subdivision Regulations except where specific authority is given to other officials as set forth in these Regulations.

(Ord. 1971-110. Passed 9-8-71.)

1181.02 RECORDING OF PLAT.

(Ord. 1971-110. Passed 9-8-71.)

1181.03 SALE OF LAND.

1181.04 REVISION OF PLAT AFTER APPROVAL.

1181.05 FEES.

(a) Filing Fees. Filing fees in the amount fixed as follows shall be paid when the application for a schedule is submitted.

(1) Minor subdivision: $20.00 plus $5.00 per lot.

(2) Major subdivision

A. Preliminary Plan Fees $50.00 plus: $5.00 per lot.

B. Final Plat Fees $50.00 plus: $5.00 per lot to cover the cost of filing the approved plat with the County Recorder.

C. Preliminary Plan Time Extension Fee $10.00.

(3) Payment. The filing fee shall be paid in legal tender or by check or money order made payable to the City of Kent, Ohio, and deposited with the Service Director .

(Ord. 1998-65. Passed 8-12-98)

1181.06 VARIANCES.

(a) Find that unusual topographical or exceptional physical conditions exist.

(b) Find that strict compliance with these Regulations would create an extraordinary hardship in the face of the exceptional conditions.

(c) Permit any modification to depart from these Regulations only to the extent necessary to remove the extraordinary hardship.

(d) Find that any modification granted will not be detrimental to the public interest nor in conflict with the intent and purpose of these Regulations.

(e) Require such other conditions to be met by the proposed plat as the Planning Commission may find necessary to accomplish the purposes of these Regulations when modified.

(f) Any variance shall accompany the proposed plat with appropriate justification. (Ord. 1971-110. Passed 9-8-71.)

1181.07 APPEALS.

Rights of appeal shall be as set forth in Ohio R. C. Chapter 711 or other applicable sections of the Ohio Revised Code. (Ord. 1971-110. Passed 9-8-71.)

1181.08 SEVERABILITY.

1181.09 ACCEPTANCE ORDINANCE FOR STREETS, EASEMENTS AND DEDICATED OPEN SPACES.

1181.10 CONDITIONS FOR SUBDIVISIONS OUTSIDE MUNICIPALITY.

If the subdivision is outside of the City, but within the three mile limit, final approval for the subdivision shall be within the jurisdiction of the City Planning Commission.

(Ord. 1987-43. Passed 6-10-87.)

1181.11 RELEASE OF CASH BOND.

The subdivider's cash bond shall not be released until fulfillment of the following conditions:

(Ord. 1971-110. Passed 9-8-71.)

(c) Final acceptance of all land improvements by ordinance of Council upon recommendation of the Director of Public Service.

(Ord. 1971 130. Passed 11 17 71.)

1181.12 CHANGES AND AMENDMENTS.

(Ord. 1971-110. Passed 9-8-71.)

1181.13 REPEAL.

All prior subdivision regulations and amendments thereto are hereby repealed.

(Ord. 1971-110. Passed 9-8-71.)

1181.99 PENALTY.

Such sum may be recovered in a civil action brought in the Court of Common Pleas in this County by the Law Director in the name of the City of Kent.

(Ord. 1971-110. Passed 9-8-71.)

1183.01 PURPOSE.

The purpose of this chapter is to specify the procedures that shall be followed to sub divide land. (Ord. 1971-110. Passed 9-8-71.)

1183.02 SUBDIVISION TYPES.

There are two basic types of subdivisions:

(Ord. 1998-17. Passed 2-18-98.)

(b) Major Subdivision. Any subdivision that does not meet the requirements of a minor subdivision. (Ord. 1971-110. Passed 9-8-71.)

1183.03 MINOR SUBDIVISION PROCEDURE.

(b) Submission Requirements. Any person proposing to create a minor subdivision shall submit the following to the City Development Engineer:

(1) A legal description of the parcel or parcels sought to be transferred, on a conveyance of the parcel or parcels.

(2) Two copies of a private survey by a registered surveyor of the parcel or parcels sought to be transferred. (See Appendix A. )

(3) Minor subdivision fees. (See Section 1181.05.)

(Ord. 1998-17. Passed 2-18-98)

1183.04 MAJOR SUBDIVISION PROCEDURE.

(a) General Procedure. Major subdivisions shall be approved in four stages: preliminary discussion stage, preliminary plan stage, improvement plan stage, and the final plat stage.

A. Two copies of application. (See Appendix B.)

B. One copy of the preliminary steps certification form. (See Appendix C.)

C. Eight copies of the preliminary plan including a vicinity map. (See Appendix D.)

D. Any other data that the City Development Engineer deems necessary.

E. Preliminary plan fees. (See Section 1181.05)

A. The City Development Engineer.

B. The Planning Commission.

C. The School Board.

D. City Board of Health and/or Ohio Department of Health.

E. The Tri County Regional Planning Commission.

F. Township trustees outside of but within three miles of the corporate limits, subject to the provisions of Ohio R. C. Chapter 711.

G. Park and Recreation Board.

(Ord. 1971-110. Passed 9-8-71.)

(e) Final Plat Procedure.

A. Two copies of the application for final plat approval. (See Appendix E.)

B. Original tracing and two copies of final plat and vicinity map. (See Appendix F.)

C. Original tracing and four copies of approved improvement plans.

D. Final plat fees. (See Section 1181.05 ).

E. One copy of financial guarantees approved by the City Director of Law in an amount stated by the City Development Engineer.

1185.01 PURPOSE.

The purpose of the provisions of this chapter is to inform the subdivider of the specific information he/she must provide to permit adequate review, approval and recording of plats.

(Ord. 1971-110. Passed 9-8-71.)

1185.02 PRELIMINARY DISCUSSION MAP.

A map shall be submitted by the subdivider as a basis for informal discussion. The map shall show the following information:

(a) Location: tract boundaries, township and north point.

(b) Existing highways and proposed streets on and adjacent to the tract. (Several alternates if considered.)

(d) Utility transmission lines and easements.

(e) Existing zoning districts.

(f) Topography. (U.S.G.S. or better. ) (Ord. 1971-110. Passed 9-8-71.)

1185.03 PRELIMINARY PLAN.

The subdivider shall furnish the following:

(a) Application for Preliminary Plan Approval (See Appendix B.)

(b) Preliminary Plan Drawing (See Appendix D.)

(1) Identification.

A. Proposed name of subdivision (must not duplicate others in the County), township, tract or original lot or section number.

B. Names, addresses and telephone numbers of owners, subdivider, and registered surveyor, city planner, landscape architect or professional engineer.

C. Scale (1"= 100'), north arrow and date.

(2) Existing data.

A. Boundary line survey: showing bearings and distances as surveyed by a registered surveyor.

B. Easements: location, width and purpose.

E. Ground elevations on the subdivision: show contours with an interval of not more than five feet if ground slope is in excess of four percent and two feet if ground slope is less than four percent.

F. Subsurface conditions on the subdivision: any conditions that are not typical such as abandoned mines.

G. Other conditions on the subdivision:

1. Watercourses and areas subject to flooding.

2. Marshes.

3. Rock outcroppings.

4. Wooded areas.

5. Isolated preservable trees one foot or more in diameter.

6. Any structures or other significant features.

H. Other conditions on adjacent land within 200 feet:

1. Approximate direction and gradient of ground slope including any embankments or retaining walls.

2. Location and type of buildings, fences, tree lines, etc.

3. Railroad lines.

4. Power lines and towers.

5. Other nearby nonresidential uses of land.

6. Owners of adjacent unplatted land. (For adjacent platted land refer to subdivision plat by name, plat book and pages.)

I. Zoning requirements:

1. District.

2. Lot size and yard requirements.

3. Proof of any variances or special exceptions which may have been granted.

J. Planned public improvements: highways or other major improvements planned by public authorities for future construction on or near the subdivision.

(3) Proposals.

B. Other rights of way or easements: location, width and purpose.

C. Lots: numbers, dimensions and area of irregular lots in square feet.

D. Minimum building setback lines.

E. Land parcels within the subdivision not to be divided into lots.

F. Public sites: reserved or dedicated for parks, playgrounds or other public uses.

G. Sites for other uses: multifamily dwellings, shopping facilities, churches, industry or other nonpublic uses exclusive of single family dwellings.

H. Total site data: including acreage, number of residential lots, typical lot size and acres in parks and other public uses.

I. When extensive changes of topography are contemplated, a plan showing the proposed topography.

(4) Other information. The City Development Engineer or Planning Commission may require such additional information as deemed necessary.

(1) Subdivision name; township, tract and original lot or section number; north arrow and the Ohio State Plane coordinate grid.

(2) Existing and proposed main traffic arteries.

(3) Shopping facilities.

(4) Schools.

(5) Parks and playgrounds.

(6) Any other significant community features.

(Ord. 1998-17. Passed 2-18-98)

1185.04 IMPROVEMENT PLANS AND SPECIFICATIONS.

(Ord. 1998-17. Passed 2-18-98)

1185.05 FINAL PLAT.

The subdivider shall furnish the following:

(a) Application for Final Plat Approval (See Appendix E.)

(b) Final Plat Drawing (See Appendix F.)

(Ord. 1971-130. Passed 11-17-71.)

(2) The final plat shall show the following:

A. Identification.

1. Name of subdivision (must not duplicate others in the County), township, tract and original lot or section number.

2. Vicinity map at 1" = 1,000' scale with north arrow.

B. Control points: all dimensions, angles and bearings are to be referred to control points, nearest established street line, section lines or other established point.

D. Street: name (must not duplicate another in the Kent postal delivery area) and right of way width of each street within proposed subdivision and those adjoining.

E. Building setback lines accurately shown with dimensions.

G. Total site data: including acreage, number of residential lots, typical lot size and acres in parks and other public uses.

H. Land for public use: show boundaries and identify the use of all parcels which are to be dedicated or reserved for public use or easements.

I. Monuments: locations and description of those found, set or to be set.

J. Names of recorded owners of adjoining unplatted land and reference to subdivision plats of adjoining platted land by name, volume and page of Recorder's maps.

M. Notation for:

1. Certification of City Development Engineer that required improvements have been satisfactorily installed or adequate financial guarantees have been provided.

2. Approval of plat by chairman and secretary of the Planning Commission.

3. Acceptance of offers of dedication by Council.

4. Proper notations for transfer and recording by the County Auditor and the County Recorder.

N. Protective covenants.

O. Marital status, of land owner must be shown, and if married, spouse must also sign plat and release dower or curtesy interest in public places.

P. Release by the mortgage holder, if any, of all interest in all property dedicated to a public use. This may be a separate document.

1187.01 PHYSICAL CONSIDERATIONS.

1187.02 STREETS.

(b) Classification.

(2) Collector streets shall provide a traffic route from local streets to major arterial thoroughfares. These streets should be spaced at least one fourth mile apart.

(3) Local streets shall provide direct and full access to each lot and shall be laid out so that their use by through traffic will be discouraged.

(4) Parallel streets may be required along an existing or proposed major arterial thoroughfare to provide access to lots along such major arterial thoroughfares.

(5) Service drives shall be designed to provide only secondary access.

Classification

Minimum Right of Way Width (Feet)

Grades by Percent

Maximum

Minimum

Major arterial thoroughfare

100

Collector streets

Local streets

Rural residential

Urban single family

Urban multi family

Light industrial

Parallel streets

Service drives

(d) Half Streets. Half streets shall be prohibited except where there is an existing half street adjacent to the subdivision in which case the remaining half of the street shall be platted.

1187.03 EASEMENTS.

1187.04 BLOCKS.

(a) Residential Block Lengths. The long dimension of a residential block shall not exceed 1,500 feet or be less than 800 feet.

1187.05 LOTS.

(a) Zoning Conformance. The lot size, width, depth and the minimum building set back lines shall conform to the existing township or City zoning regulations.

(b) Corner Lots. Corner lots shall have extra width to permit appropriate building setback from and orientation to both streets.

(d) Double frontage Lot. Lots shall not be laid out so that they have frontage on more than one street except:

(1) Where the lots are adjacent to the intersection of two streets;

1187.06 PUBLIC SITES AND OPEN SPACE.

(Ord. 1971-110. Passed 9-8-71.)

1187.07 CONFORMITY WITH LAND USE AND THOROUGHFARE PLAN WHEN ADOPTED.

(Ord. 1971-110. Passed 9-8-71.)

1189.01 REQUIRED IMPROVEMENTS.

TABLE 1

SCHEDULE OF REQUIRED IMPROVEMENTS

Single-family less than 80 feet

Residential Subdivisions (by average lot width) 80 feet to 120 feet

Multifamily Residential Industrial and Business over 120 feet

Subdivisions

Drainage

Grading

streets, blocks

and lots

streets, blocks

and lots

streets, blocks

and lots

streets, blocks

and lots

Storm systems

sewer system

Street improvements (for both new and existing streets)

Pavement

required

required (See Table 2)

Curbs and gutters

Gutters

required

Sidewalks

both sides

Street signs

required

Street lights

required

Street trees

required

Sewer and water

central

systems

central

systems

central

systems

central

systems

Public sites

required

Monuments

required

(Ord. 2000-55. Passed 7-5-00)

B. Block and lot grading.

1. Block grading shall be as follows:

a. A ridge along rear lot lines, draining into the streets.

b. Parts of all lots draining to a sidewalk or ditch along rear lot lines.

D. Trees. As many trees as can be reasonably utilized in the final development plan shall be retained and the grading adjusted to the existing grade at the trees. (Ord. 1971-110. Passed 9-8-71.)

Roadway ditches	2 years
Storm sewers	5 years or 10 years
Culvert under roadways	25 years
Watercourses	10 years

RUNOFF COEFFICIENTS AND RAINFALL FREQUENCIES

BASED ON GENERAL CHARACTER OF TRIBUTARY AREA

Coefficient Used in This

Description of

Area

Rainfall

Frequency

(Years

Range of

Runoff

Coefficient

Report

Open Space-Conservation

0.25

0.40

0.30

Rural Residential

0.25

0.40

0.30

Low Density Urban Residential

0.30

0.50

0.40

Medium Density Urban Residential

0.30

0.50

High Density Urban Residential

0.30

0.50

Multifamily Urban Residential

0.40

0.60

High Density Multifamily Urban Residential

0.50

0.70

0.60

High Density Multifamily - Commercial Urban Residential

0.50

0.70

0.60

Local Commercial

0.50

0.70

0.50

Office and Limited Business

0.50

0.70

0.50

Community Commercial

0.70

0.90

0.80

Central Retail - Office

0.70

0.90

Intensive and Automotive Oriented Commercial

0.70

0.90

Highway Interchange Commercial

0.70

0.90

0.80

Industrial Research and Office

0.50

0.70

0.60

Industrial

0.40

0.90

0.60

Manufacturing, Storage and Disposal

0.40

0.90

0.60

Railroad Yard Areas

0.20

0.40

0.30

(Ord. 1976-73. Passed 4-21-76.)

A. Road drainage system. The road storm drainage system shall serve as the prime drainage system. It shall be designed to carry roadway, adjacent land and house storm water drainage.

2. Storm sewer laterals. A storm sewer lateral shall be provided for each lot to accommodate footer drains and downspouts. (Ord. 1971-130. Passed 11-17-71.)

B. Off road drainage systems.

1. The design of the off road drainage system shall include the watershed affecting the allotment and shall be extended to a watercourse or ditch adequate to receive the storm drainage.

b. No open ditch shall be constructed within 100 feet of the rear of a house, as measured from the house to the edge of the ditch easement.

c. Any storm drainage courses carried along side lot lines shall be enclosed with approved pipe.

(Ord. 1998-17. Passed 2-18-98.)

C. Protection of drainage systems. The subdivider shall adequately protect all ditches (roadways and watercourses) to the satisfaction of the City Development Engineer as follows:

(Ord. 1998-17. Passed 2-18-98)

3. In all cases, any drainage facility within the subdivision shall be in a stable condition, free from either erosion or sedimentation and/or other debris.

(Ord. 1998-17. Passed 2-18-98)

1. All pipe lines (including culverts and storm sewers) which are located beneath the roadway shall meet the requirements set forth for Class A pipe.

2. Longitudinal storm sewer lines, not under the main roadways, shall be Class D or Class E pipe. Where these sewers are shallow or located beneath drives, Class B or Class C pipe shall be specified.

4. Open end driveway pipe twenty four inches or less in diameter may be Class F pipe and larger pipes shall be Class B or Class C pipe.

5. Outlet pipe or open joint drains (Class H or I), shall be in accordance with the provisions of Class F pipe and will usually be ten feet in length.

6. Pipe under drains shall be Class I pipe.

7. Pipe arches or elliptical pipes shall be Class G pipe.

(Ord. 1998-17. Passed 2-18-98)

(b) Street Improvements.

(Ord. 1973-72. Passed 6-6-73.)

TABLE 2

PAVEMENT STANDARDS

				Traveled
Type Street	Subbase2	Base	Curb and/or Gutter4	Widths/ Base	Width Surfaces	Width Total
Rural	2"310	6"451	Integral	27'	25'	26'
Residential	2"310	7"452	Integral	27'	25'	26'
(120' frontage or more)	4"304	5"301 or 302	1.5" 403 Curb/Gutter 24"		27'	22'	26'
See	6" 304	3"301 or 302	1.5" 403 Curb/Gutter 24"		27	22'	26'
Notes	7"411	1.5"302	1.5" 403 Curb/Gutter 24"		27'	22'	26'
Below	9"304	2"302	1.5" 403 Curb/Gutter 24"		27'	22'	26'
	2"310	6"451	Integral	27'	25'	26'
	2"301	7"452	Integral	27'	25'	26'
*Urban Single- Family Residential (less than 80' or 80' to 120' frontage)	5"304	5.5" 301 or 302	1.5" 403 24" C/G		27'	22'	26'
	7"304	4" 301 or 302	1.5" 403 24" C/G		27'	22'	26'
	7" 411	2" 302	1.5" 403 24" C/G		27'	22'	26'
Light Industrial	2" 310	6" 451	Integral		31'	29'	30'
	2" 310	7" 452	Integral		31'	29'	30'
	5" 304	6" 301 or 302	1.5" 403 24" C/G		31'	26'	30'
	7"304	4"301 or 302	1.5" 403 24" C/G		31'	26'	30'
	8" 411	2" 302	1.5" 403 24" C/G		31'	26'	30'
	10" 3042	5" 302	1.5" 403 24" C/G		31'	26'	30'
Collector	2" 310	7" 451	Integral	33'	31'	32'
	2" 310	8" 452	Integral	33'	31'	32'
	6" 304	6" 301 or 302	1.5" 403 6" x 18"	33'	30'	32'
	8" 304	5" 301 or 302	1.5" 403 6" x 18"	33'	30'	32'
	8" 411	2.5" 302	1.5" 403 6" x 18"	33'	30'	32'
	10"304	3" 302	1.5" 403 6" x 18"		33'	30'	32'

(Ord. 2002-106. Passed 11-6-02)

Notes:

(Ord. 2002-106. Passed 11-6-02)

Residential curb shall be standard curb 6" higher than the gutter. Curbing on collector and industrial streets shall be standard curb 6" higher than the gutter (6" x 18").

Curb openings for ditches, drains, etc., are not permitted.

5. Surface width is area between curb and gutter sections. Total width is back to back of curbings. (Ord. 1971-110. Passed 9-8-71.)

(Ord. 1971-110. Passed 9-8-71.)

(5) Curbs and gutters. Concrete curbs shall be provided where indicated on the required improvement schedule. (Ord. 1973-72. Passed 6-6-73.)

(9) Street trees. The trees shall be provided only on streets with curbs and gutters as required in the improvement schedule and as follows:

B. Location (See Appendix I.)

(Ord. 1998-17. Passed 2-17-98)

(Ord. 2002-106. Passed 11-6-02.)

(2) Every manhole installed in this City, whether the same shall be of precast concrete or brick, shall have underneath an eight inch concrete base slab.

(3) The base slab, shall be SHD Class "C" concrete.

(5) The provisions hereof shall apply whether the base slab is installed by this City, other governmental agency, contractor, individual, partnership or corporation. (Ord. 1973-72. Passed 6-6-73.)

(d) Public Sites.

Fertilizing - Commercial fertilizer, 12-12-12 applied at the rate of twenty-pounds per 1000 square feet

Seeding - 40% Kentucky Blue Grass

15% Saturn Perennial Rye

15% Prizm Perennial Rye

15% Manhattan 3 Perennial

15% Affinity Perennial Rye

Applied at the rate of 5 lb/m

(Ord. 2002-106. Passed 11-6-02)

1189.02 OVERSIZE AND/OR OFF SITE IMPROVEMENTS.

(Ord. 1998-17. Passed 2-18-98)

1189.03 CONSTRUCTION REQUIREMENTS.

(b) Construction Inspections.

(1) Responsible official. The City Development Engineer shall be responsible for the inspection of all improvements.

(Ord. 2002-106. Passed 11-6-02)

(Ord. 1971-110. Passed 9-8-71.)

(Ord. 2002-106. Passed 11-6-02)

1189.04 AGREEMENTS AND GUARANTEES.

(2) Term. Guarantees shall be for a period of not longer than two years unless the Director of Public Service shall extend the time period by resolution. (Ord. 1971-130. Passed 11-17-71.)

(Ord. 1971 110. Passed 9 8 71.)

1191.01 FINDINGS.

Kent City Council determines and finds as follows:

(1) Adequate public park facilities are available to serve population growth and development.

(2) New development that generates population growth pays a proportionate share of the cost of new public park facilities to align with such growth.

(d) Such payments may be used to address deficiencies in public park facilities that are reasonably related to the population growth and development.

(g) The adoption of the park impact fee ordinance codified in this chapter is necessary for the support of City government and its institutions.

Future adjustment of the park impact fee schedule, if any, should be based on the findings in subsections (a) through (h) of this section.

(Ord. 2022-031. Passed 4-20-22.)

1191.02 DEFINITIONS

(a) “City” means the City of Kent, Ohio.

(b) “Council” means the City Council of the City of Kent.

(f) “Public park facilities” means publicly owned parks, trails, open spaces, and recreational facilities.

(Ord. 2022-031. Passed 4-20-22.)

1191.03 PARK IMPACT FEES SCHEDULE

Residential Dwelling Unit Type

Park Impact Fee

(1) Each newly added single-family residential dwelling

structure

$500

2) Each newly added single-family residential dwelling unit in a two-family, multifamily, or apartment complex

$500

(3) Each newly added residential dwelling unit in a mixed use structure

$500

(4) Each newly added bedroom in each rooming house or

boarding house

$500

(5) Each newly added manufactured or mobile home residential unit installed on a fixed foundation

$500

(Ord. 2022-031. Passed 4-20-22.)

1191.04 ASSESSMENT OF PARK IMPACT FEES

(Ord. 2022-031. Passed 4-20-22.)

1191.05 CAPITAL IMPROVEMENT FUND; MATCHING AMOUNT

(Ord. 2022-031. Passed 4-20-22.)

1191.06 EXEMPTIONS

The following are exempt from the payment of park impact fees:

(a) Building or other development permits for projects or developments assessed some form of mitigation payment or land dedication which said assessment preceded the effective date of this chapter.

(e) Dormitories or student-oriented housing owned by a State of Ohio public college or university.

(Ord. 2022-031. Passed 4-20-22.)

1191.07 CREDITS AND ADJUSTMENTS.

(Ord. 2022-031. Passed 4-20-22.)

1191.08 APPEALS.

(Ord. 2022-031. Passed 4-20-22.)