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Lewisburg City Zoning Code

TITLE ONE

Subdivision Regulations

1101.01 TITLE.

   These regulations shall be known and cited as: "Subdivision Regulations for the platting of land in the Municipality of Lewisburg, Ohio."
(Ord. 1972-20. Passed 12-19-72.)

1101.02 PURPOSE.

   It is the purpose of these Regulations to establish minimum requirements for the subdividing or platting of land within the Municipality in order to protect, safeguard and promote the public health, safety, convenience and welfare; to facilitate the orderly growth and development of the Municipality by providing suitable (planned) residential neighborhoods with adequate streets, utilities, public school sites, recreational areas and other public open spaces; to achieve individual property lots of maximum utility and livability; and to provide for economical streets of adequate width and proper design so that future traffic circulation is provided for by a coordinated street system.
(Ord. 1972-20. Passed 12-19-72.)

1103.01 DEFINITIONS.

   (1)   "Alley" means a strip of land dedicated to public use which provides secondary access for vehicular service to the rear or side of abutting properties.
   (2)   "Buffer lot" means a lot on a plat across the end of a street proposed to be extended by future platting or a lot along the length of a street where only part of the width has been dedicated, retained by the owner but conditionally dedicated on the plat for street purposes when the street is extended or widened.
   (3)   "Block" means an area of land within a subdivision that is entirely bounded by streets, highways or ways, except alleys, or a combination of streets, highways or ways and rivers, streams, railroad right of way or the exterior boundary or boundaries of the subdivision.
   (4)   "Building line" or "setback line" means a line established on a parcel which is parallel to a street right-of-way line for the purpose of prohibiting construction of a building between such line and an easement, right of way or other public area.
   (5)   "Village" means the incorporated Municipality of Lewisburg, Ohio.
   (6)   "Village Engineer" means the person designated as the Village Engineer of the Municipality of Lewisburg.
   (7)   "Comprehensive Plan" or "Master Plan" means a plan, which may consist of several maps, data and other descriptive matter, for the physical development of the Municipality and which has been adopted by the Planning Commission to indicate the general locations for major streets, parks, schools, public building sites and other similar information.
   (8)   "Construction drawings" means a complete set of engineering drawings drawn to scale containing, but not limited to, street plans and profiles, cross sections, sanitary sewer plans and profiles, water main plans and profiles, storm sewer plans and profiles and a complete topographical layout of all existing appurtenances and structures located within the right of way.
   (9)   "Council" means the Council of the Municipality of Lewisburg.
   (10)   "Crosswalkway" means a right of way dedicated to public use, which crosses a block to facilitate pedestrian access to adjacent streets and properties.
   (11)   "Cul-de-sac" or "court" means a short street having one open end and being permanently terminated by a vehicular turn-around.
   (12)   "Dedication" means the appropriation of land by its owner for any public use.
   (13)   "Easement" means a right of way granted by the property owner for limited use of private property for specific public or semi-public purposes.
   (14)   "Greenbelt" or "buffer park" means a strip or parcel of land privately restricted or publicly dedicated as open space located between a residential development and other incompatible uses for the purpose of protecting and enhancing the residential environment.
   (15)   "Lot" means a tract or pracel of land identified as a single unit in a subdivision and intended for transfer of ownership, use or improvement.
      (a)   "Lot depth" means a distance measured in the mean direction of the sidelines of the lot from the midpoint of the front lot line to the midpoint of the rear lot line.
      (b)   "Lot width" means a mean horizontal distance between the side lines measured at right angles to the depth.
   (16)   "Parcel" means a unit of land under one ownership other than a lot.
   (17)   "Planning Commission" means the Planning Commission of the Municipality of Lewisburg, Ohio.
   (18)   "Plat" means a map of a subdivision.
      (a)   "Preliminary plat" means a preliminary map showing the proposed layout of a subdivision in sufficient detail to allow review by the Planning Commission.
      (b)   "Final plat" means a map of all or part of the subdivision prepared and certified by a registered engineer or land surveyor in accordance with the requirements of the regulations of the Municipality.
   (19)   "Public utility" means a firm, corporation, co-partnership, municipal authority or public agency providing gas, electricity, water, steam, telephone, telegraph, storm sewers, sanitary sewers, transportation or other services of a similar nature.
   (20)   "Right of way" means a land reserved, used, or to be used for a street, alley, walkway, or other public purpose.
   (21)   "Sketch plan" means an informal plan or sketch showing the existing features of a site and its surroundings and the general layout of a proposed subdivision.
   (22)   "Sight distance" means the minimum extent of an unobstructed vision (on a horizontal plane) along a street from a point five feet above the centerline of a street.
   (23)   "Street" means a public way or right of way dedicated to public use, which provides for vehicular and pedestrian access to abutting properties.
      (a)   "Marginal access street" means a minor street which is parallel and adjacent to a major street or thoroughfare which provides access to abutting properties and protection from through traffic.
      (b)   "Half-street" means a street having a lesser right of way width than required for a street of full width as required under these Regulations.
   (24)   "Subdivider" means a person, firm, corporation or association or other legal entity engaged in the subdividing of land.
   (25)   "Subdivision" shall be defined as follows:
      (a)    "Major 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 however, that the division or partition of land into parcels of more than five acres not involving any new streets or easements of access, and the sale or exchange of parcels between adjoining lot owners, where such sale or exchange does not create additional building sites, shall be exempted; or
         (2)   The improvement of one or more parcels of land for residential, commercial or industrial structures or groups of structures involving the division or allocation of land for the opening, widening or extension of any street or streets, except private streets serving industrial structures; the division or allocation of land as open space 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.
      (b)   "Minor subdivision" means the division of a lot or parcel of land along an existing public street into not more than five lots or parcels not establishing a new street or way.
   (26)   "Superblock" means a residential block of exceptionally large size in both dimensions with access to interior lots by cul-de-sacs or loop streets and providing one or more open space.
   (27)   "Zoning Ordinance" means the Zoning Ordinance of the Municipality of Lewisburg, including any amendments thereto.
      (Ord. 1972-20. Passed 12-19-72.)

1105.01 PRELIMINARY PLAT PROCEDURE: MAJOR SUBDIVISION.

   (a)   Approval Required. No person, firm or corporation, proposing to make or have made a subdivision within the territorial jurisdiction of these Regulations shall enter into any contract for the sale of, or shall offer to sell any subdivision or any part thereof, or shall proceed with any construction work on such proposed subdivision, including grading, until he or it has obtained from the Planning Commission tentative approval of the preliminary plat of the proposed subdivision.
   (b)   Nonresidential Development. In order to assure and coordinate the orderly development of land not covered elsewhere within these Regulations, including but not limited to land zoned for industrial, commercial, business or multi-family usage by providing, at the time of development, for those facilities necessary for the public health and welfare of the community, no person, firm or corporation proposing such development comprising one or more parcels within the territorial jurisdiction of these Regulations, shall apply for, receive or cause to be issued a certificate of zoning compliance or a building permit until he or it has filed with the County Recorder an approved plat of such land in accordance with these Regulations. The subdivision of such land shall extend to the center line of all contiguous rights of way.
   If, however, such development shall not involve any new street, curb cuts and easements, or does not create additional building sites and meets all requirements for the proper development in accordance with all existing plans adopted by the Planning Commission and is in the best interests of the community's health and welfare, the Planning Commission, by vote of a two-thirds majority, may waive the requirement for such plat. If such requirement for a plat is waived, a letter stating same shall be provided to the owner and/or developer by the Planning Commission and shall be so stated in its records. The issuance of such letter shall satisfy all requirements intended within these Regulations.
   Before preparing and submitting the preliminary plat to the Planning Commission, it is suggested that the subdivider or his engineer consult with the Planning Officer while the plat is in sketch form, to ascertain the location of proposed highways, primary or secondary thoroughfares, parkways, parks, playgrounds and other planned developments.
   (c)   Submittal. The subdivider shall submit a written request to the Planning Commission for preliminary plat approval. This request shall be submitted at least ten days prior to the regular monthly meeting of the Planning Commission at which consideration of the plat is desired and shall be accompanied by the following graphic material and written data:
      (1)   One key map to adequately locate the property to be subdivided and its relationship to surrounding areas.
      (2)   Ten copies of the preliminary plat in accordance with the specifications and requirements of Section 1107.01.
   (d)   Review. Upon the receipt of the application for preliminary plat approval, the Planning Commission shall check the graphic and written data for completeness and conformance to these Regulations and the Major Street Plan and other applicable sections of the Comprehensive Plan. If complete, the plat shall be accepted for processing and the Planning Commission shall distribute two copies of the plat to the Village Engineer, two copies to the Superintendent of Schools, two copies to the Parks Department and one copy to each of the local utility companies.
   The Village Engineer shall examine and check the plat for general engineering and conformance to required public improvements. The Superintendent of Schools shall be consulted regarding the potential effects of the proposed subdivision upon the school system and whether or not there is need for new school sites within or in the vicinity of the proposed plat. The various utility companies shall indicate the availability or non-availability of utilities and the suitability of any proposed utility easements. All agencies contacted shall, within seven days of receipt of the preliminary plat, be requested to return one print of such plat to the Planning Commission with their approval, comments or recommended changes noted thereon.
   (e)   Approval. The Planning Commission shall approve, modify or disapprove the preliminary plat within thirty days from the date of the regular meeting at which the plat was presented, provided that a further period of time may ensue if the applicant consents to such an extension of time. Approval of the preliminary plat by the Planning Commission shall always be subject to the following conditions and modifications:
      (1)   A recommendation from the Village Engineer concerning the adequacy or inadequacy of the proposed street improvements, water and sewer systems, or any other public improvements proposed by the subdivider.
      (2)   The approval of the Planning Commission shall be noted on two copies of the preliminary plat along with any modifications or conditions of approval. One copy shall be returned to the subdivider and the other retained by the Commission.
      (3)   Approval shall be effective for a maximum period of twelve months unless, upon application of the subdivider, the Planning Commission grants an extension. If the final plat has not been officially submitted for processing within this limit, the subdivider must re-submit the proposed subdivision and proceed through the preliminary plat stages in accordance with these Regulations.
      (4)   Approval of the preliminary plat by the Planning Commission is an expression of approval of the general street and lot layout, the proposed improvements to be provided, and is subject to any conditions or modifications placed upon the plat by the Commission. Preliminary plat approval does not guarantee approval of the final plat nor does it constitute any public acceptance of streets, alleys or other public ways or open spaces.
   (f)   Disapproval.
      (1)   The Planning Commission shall disapprove the drawing if it is not in accordance with the provisions of these Regulations or if the proposed improvements are not approved by the appropriate public agencies.
      (2)   If the Planning Commission disapproves the preliminary plat, the Commission shall so advise the subdivider in writing and note the reasons for such disapproval in its meeting minutes.
         (Ord. 1972-20. Passed 12-19-72.)

1105.02 FINAL PLAT PROCEDURE: MAJOR SUBDIVISION.

   The final plat shall conform substantially to the preliminary plat as approved by the Planning Commission. If desired by the subdivider, the final plat may constitute only that portion of the approved preliminary plat which he proposes to record and develop at the time. The final plat shall conform to the requirements of Section 1107.02.
   (a)   Submittal. The subdivider shall submit a written application for approval of the plat along with a reproducible copy and five black line or blue line print copies of the final plat and two copies of the final construction plans to the Planning Commission. All protective covenants, deed restrictions, reservations, grants and easements should accompany the final plat in a form suitable for recording. Such application shall be submitted not less than ten days prior to the regular monthly meeting of the Planning Commission at which the application is to be considered.
   (b)   Review. Prior to consideration of the final plat application by the Planning Commission, the Village Engineer shall review the plat and the accompanying construction plans to determine its conformance to engineering specifications and improvement plans proposed in the preliminary plat. The Planning Commission shall also review the final plat application and determine its conformance or nonconformance with the lot layout, street design and other proposals contained in the approved preliminary plat. The Village Engineer shall certify his approval or disapproval of the plat in writing to the Planning Commission for their consideration.
   (c)   Approval. The Planning Commission shall review the final plat and approve or disapprove the plat within thirty days from the date of the regular meeting at which the plat is presented for their review.
      (1)   Prior to approval, the Planning Commission shall ascertain that satisfactory arrangements have been made by the subdivider as outlined in Sections 1111.01 and 1111.02, to provide for financing and inspection of required public improvements.
      (2)   If approved, the Planning Commission shall indicate such approval on the final plat by the signatures of its chairman and secretary.
      (3)   Approval of the final plat by the Planning Commission shall not indicate public acceptance of any lands, rights of way or easements shown on the plat.
      (4)   The Planning Commission shall then transmit the reproducible copy and four prints of the final plat along with certificate of title to Council, for such action as may be necessary on any proposed dedication. Thereupon, Council shall transmit the reproducible copy and three approved prints thereof to the Planning Commission for the subdivider and the Village Engineer.
      (5)   If the Planning Commission disapproves the final plat, it shall forward a written report to the subdivider stating the reasons for such disapproval.
         (Ord. 1972-20. Passed 12-19-72.)

1105.03 PRELIMINARY PLAT PROCEDURE: MINOR SUBDIVISION.

   (a)   Jurisdiction. After the effective date of this Zoning Ordinance, no lot or parcel of land divided or split into five or less lots or parcels and lying within boundaries of the Official Major Street Plan of the Municipality, as adopted or amended, may be recorded by the County Recorder until or unless the deed recording such lot split or subdivision shall have affixed or imprinted thereon a statement of approval signed by the chairman and the secretary of the Planning Commission.
   (b)   Procedure. The owner or his designated agent shall submit a written request to the Planning Commission for a minor subdivision preliminary plat approval. This request shall be submitted at least ten days prior to the regular monthly meeting of the Planning Commission at which consideration of the plat is desired and shall be accompanied by a sketch plan of the proposed lot split or minor subdivision. The drawing may be a simple pencil sketch drawn to scale showing the existing and proposed layout of lots and containing enough information so that an accurate analysis can be made as to conformance or nonconformance with these or other regulations adopted by the Municipality.
   (c)   Planning Commission Approval. Upon receipt of the request and accompanying sketch plan, the Planning Commission shall ascertain whether the proposed minor subdivision is or is not in conformance with these regulations, the Zoning Ordinance and the Comprehensive Plan of the Municipality. At its next regular meeting (following ten days or more after receipt of the above-mentioned request) the Planning Commission shall either approve or disapprove the proposal and shall notify the applicant of its decision in writing. If disapproved, the Commission shall state the reasons for such disapproval. If approved, the chairman and secretary of the Planning Commission shall thereby be authorized to place an official stamp of approval on such deeds of conveyance that the applicant may submit that conform to such preliminary plat. One clear copy of any such deed shall be submitted to the Municipal Clerk.
(Ord. 1972-20. Passed 12-19-72.)

1105.04 RECORDING.

   After the final plat has been approved by the Planning Commission and dedications accepted by Council and the necessary approvals endorsed in writing thereon, the subdivider shall file a copy of the plat for recording in the office of the County Recorder within sixty days after the date of final approval and furnish the Municipality with the original cloth tracing and four prints of the final recorded plat.
(Ord. 1972-20. Passed 12-19-72.)

1107.01 PRELIMINARY PLAT DOCUMENTS.

   The preliminary plat shall not be accepted for processing unless all the data and documents included in this section are provided. By these requirements it is not intended that detailed engineering surveys or other precise field work shall be required to prepare the preliminary plat. Information and proposals shown on the plat, however, should be as accurate a scaled drawing as can be obtained from existing plat records, legal property description, recent air photos, Village engineering records and other like sources of information.
   The following documents shall accompany any written request for preliminary plat approval:
   (a)   Preliminary Plat Drawing.
      (1)   Identification.
         A.   Proposed name of the subdivision.
         B.   Location by section, town and range, or other legal description.
         C.   Date, northpoint and graphic scale (1"=100')
         D.   Name and address of developer and plat designer.
         E.   Site data, including approximate acreage, number of lots, average lot size, acreage in parks or other open space, etc.
         F.   Preliminary plat restrictions or covenants, if any.
      (2)   Delineation of existing conditions.
         A.   Boundary lines, lot lines and identification of adjacent tracts of subdivided and unsubdivided land, indicating property ownership of all unplatted tracts.
         B.   All existing streets and alleys within or adjacent to the proposed plat including names, right-of-way width and pavement width.
         C.   Location of all railroad and utility rights of way, easements, parks and other open spaces, permanent buildings and structures, and section or corporation lines within or adjacent to the proposed plat.
         D.   Location and size of existing sewers, water lines, culverts, fire hydrants and other underground or above-ground utilities within or adjacent to the tract.
         E.   Location of all watercourses, high water elevations in the vicinity of rivers and lakes, marshes, rock outcroppings, wooded areas, isolated preservable trees and other physical conditions influencing plat design.
         F.   Indication of ground forms, preferably contours at one-foot intervals. U.S.G.S. bench mark notations.
      (3)   Delineation of proposed development.
         A.   Boundary line of the proposed plat indicated by a heavy solid line with linear and angular dimensions.
         B.   Layout of proposed streets, their proposed names, rights of way and paving width.
         C.   Right-of-way widths for proposed alleys, crosswalkways and easements.
         D.   Layout of proposed lots including lot lines, lot numbers and dimensions of each lot.
         E.   Proposed minimum building setback lines.
         F.   Location of proposed parks, playgrounds, school sites, greenbelts or other open spaces to be dedicated or reserved for public use.
         G.   Sites, if any, for multiple-family dwellings, shopping centers, churches, industry or other nonpublic uses exclusive of single-family dwellings.
         H.   Proposed street tree planting plan or other landscaping proposals, showing location, size and type of plant material.
      (4)   Delineation of preliminary engineering plan. Two copies of preliminary sketches for construction and improvements showing the following:
         A.   Plan.
            1   Nature of curves (degrees of curvatures).
            2   Curb lines, sidewalks.
            3   Location and size of proposed water, sewer and drainage facilities, direction of flow, and location of tie-in to existing sewers, if engineering is to be designed by other than the Village Engineer.
            4   Drainage of surface water shown to the street or to catch basins-(shown by arrows).
            5   Proposed topography.
            6   Type of soil and location of test borings, as required by the Village Engineer.
         B.   Profile.
            1.   Existing elevation of all streets, centerlines and right-of-way lines, both left and right.
            2.   Rough proposed grades and elevations of all street centerlines and right-of-way lines.
            3.   Stationing of all street centerlines (scaled measure).
            4.   Rough grades and elevations of all proposed sewers, drainage and catch basins (no sizes).
   These prints shall be analyzed and comments as to their sufficiency and eventual problems shall be noted thereon by the Village Engineer. One copy shall be returned to the designer for his consideration, along with a written report, a copy of which shall be forwarded to the Planning Commission. One copy shall be kept in the Village Engineer's files for future reference.
(Ord. 1972-20. Passed 12-19-72.)

1107.02 FINAL PLAT DOCUMENTS.

   Five black line or blue line prints of the final or record plat of the subdivision, or of any part of a larger subdivision, shall be submitted to the Planning Commission for approval, along with reproducible copy on cloth, mylar or similar durable material at a scale of one hundred feet or less to the inch, and shall clearly show the following features and information:
   (a)   Final Plat Drawing.
      (1)   All plat boundary lines with lengths of courses to hundredths of a foot and bearings to half minutes. These boundaries shall be determined by an accurate survey in the field, which shall be balanced and closed. The error of closure shall not exceed one to ten thousand. The exact location and the width along the property line of all existing or recorded streets intersecting or paralleling the boundaries of the tract.
      (2)   True bearings and distances to nearest established street bounds, section lines or other official monuments, which monuments shall be located and accurately described on the plat. Any section lines and corporation lines shall be accurately monument-marked and located on the plat, and their names shall be printed on them.
      (3)   The accurate location and materials of all permanent reference monuments.
      (4)   The exact layout including:
         A.   Street and alley lines, their names, bearings, lengths, angles of intersection and widths, including widths along the line of any obliquely intersecting street;
         B.   The length of all arcs, radii, central angles, points of curvature and tangent bearings on centerline and right-of-way lines;
         C.   All easements of rights of way, when provided for or owned by public services. The limitation of the easement rights shall be definitely stated on the plat;
         D.   All lot lines with dimensions in feet and hundredths, and with bearings and angles to minutes if other than right angles to the street and alley lines.
      (5)   Lots numbered in numerical order. In tracts containing more than one block, the blocks shall be lettered in alphabetical order. In case there is a resubdivision of lots in any block, such resubdivided lots shall be numbered beginning with the number following the highest lot number in the block.
      (6)   The accurate outline of all property which is offered for dedication for public use, and of all property that may be reserved by covenant in the deed for the common use of the property owners in the subdivision, with the purposes indicated thereon.
      (7)   Setback building lines as fixed by the Zoning Ordinance and any other setback lines or street lines established by public authority, and those stipulated in the deed restrictions.
      (8)   Private restrictions, if any:
         A.   Boundaries of each type of use restriction;
         B.   Other private restrictions for each definitely restricted section of the subdivision.
      (9)   Name of the subdivision and name or number of the largest subdivision or tract of which the tract now subdivided forms a part.
      (10)   Names and locations of adjoining subdivisions and location, ownership and County deed book reference of adjoining unsubdivided property.
      (11)   Names and addresses of the owner of record, the subdivider and of the surveyor.
      (12)   North-point, scale and date.
      (13)   Statement that any lot transferred shall have a minimum width and area substantially the same as those shown on the plat, and that only one principal building shall be permitted on any such lot.
      (14)   Certification by a registered surveyor to the effect that:
         A.   The plat represents a survey made by him and that all monuments indicated thereon actually exist and their location, size and material are correctly shown; and
         B.   That all requirements of these subdivision rules have been fully complied with.
      (15)   An acknowledgment by the owner or owners of his or their adoption of the plat, and dedication of streets and other public areas.
      (16)   Title evidence free and clear of any easements, taxes, liens or assessments.
   (b)   Final Construction Plans. A complete set of final construction plans consisting of plans, profiles, cross-sections, specifications, cost estimates and other supporting data shall be prepared by a registered engineer subject to approval by the Village Engineer, for all public improvements contemplated by the subdivider and required by these Regulations. "As built" tracings of the final construction plans shall be submitted to the Village Engineer before release of bond or escrow.
   (c)   Landscaping Plans. A complete set of final landscaping plans showing location and species of street trees, plantings, park dedications or reservation, specifications, cost estimates and other supporting data shall be prepared by the subdivider's landscape architect or designer subject to approval by the Municipal staff.
      (Ord. 1972-20. Passed 12-19-72.)

1109.01 GENERAL REQUIREMENTS.

   (a)   The proposed subdivision and its ultimate use shall be in conformance with the Comprehensive Plan as adopted and shall not encroach upon an area designated in the Comprehensive Plan for future public use.
   (b)   Land which the Planning Commission has found to be unsuitable for subdivision development due to flooding, poor drainage, soil conditions or other features which are likely to be harmful to the health, safety and welfare of future residents shall not be subdivided unless satisfactory methods of correction are formulated by the subdivider and approved by the Planning Commission.
   (c)   The Planning Commission shall consider plats designed for special development of group housing, new concepts of solar orientation, superblock arrangements or other methods of site design which may require modification or adjustment of these Regulations, providing that such plats do not have an unfavorable effect upon the development of adjacent properties.
   (d)   Variations, exceptions and/or modifications of these design requirements may be made by the Planning Commission in specific cases where it is deemed that hardship, unusual topographical conditions or other unique conditions justify such variance.
(Ord. 1972-20. Passed 12-19-72.)

1109.02 STREETS.

   (a)   The arrangement, character, extent, width, grade and location of all streets shall conform to the Major Street Plan as adopted by the Planning Commission and shall be considered in their relation to existing and planned streets, to topographic conditions, to public convenience and safety, and in their appropriate relation to the proposed uses of the land to be served by such streets.
   (b)   Public right-of-way widths shall be as shown on the Major Street Plan and, unless otherwise indicated on the Major Street Plan, shall not be less than the following:
         Classification          Right-of-Way Width (feet)
(1) Major streets as shown on the Major Street Plan
   Expressways
300
   Major streets
80 - 100
   Neighborhood collector streets
60 - 80
(2)   Minor streets
50
(3)   Marginal access streets*
50
(4)   Alleys
20
(5)   Crosswalkways
10
(6)   Utility easements
12
      (7)   Additional street right-of-way width may be required to assure adequate access, circulation and parking in subdivisions within high density residential areas, commercial areas and industrial areas.
      (8)   Where a proposed subdivision abuts or contains an existing street of inadequate right-of-way width, additional right-of-way width for the existing street may be required in conformance with the above standards.
         *Short cul-de-sac or loop streets may also be approved with 50-foot width after proper analysis by the Planning Commission.
   (c)   Minor streets shall be so arranged as to discourage their use by through traffic. Curvelinear street design is recommended for residential streets to discourage excessive vehicular speeds and to provide attractive vistas.
   (d)   The street arrangement in a subdivision shall provide for the continuation of existing streets in surrounding areas and shall provide for suitable access to adjoining unplatted areas at points not more than 1,320 feet apart.
   (e)   Where a proposed subdivision abuts or contains an existing or proposed major street or highway as defined in the Major Street Plan, the Planning Commission may require marginal access streets, reverse frontage lots containing a ten-foot nonaccess reservation with approved screen planting along the rear property line or such other treatment as may be necessary for the adequate protection of residential properties and afford separation of through and local traffic.
   Intersections on major streets or thoroughfares shall be located not less than 800 feet apart, measured from centerline to centerline.
   (f)   When a tentative layout, including streets, of the general area or neighborhood has been made, approved and adopted by the Planning Commission, the proposed subdivision shall be in general conformance thereto.
   (g)   Where a proposed subdivision abuts or contains a railroad right of way, expressway or other limited access highway, the Planning Commission may require a street approximately parallel to and on each side of such right of way at a distance suitable for the appropriate use of the intervening land. Such distances shall also be determined with the due regard for the requirements of approach grades for future bridges or grade separations.
   (h)   Street jogs at intersections with centerline offsets of less than 125 feet shall be prohibited.
   (i)   There shall be no private streets, lanes or ways platted in any subdivision except under the special design considerations mentioned under Section 1109.01(c).
   (j)   Half streets shall be prohibited, except where absolutely essential to the reasonable development of a tract in conformance with these Regulations and where satisfactory assurance for dedication of the remaining part of the street is provided. Whenever a tract to be subdivided borders on an existing half or partial street, the other part of the street shall be dedicated within such tract.
   (k)   Dead-end streets are prohibited except those designed as permanent cul-de-sacs or those required for future access to adjacent unplatted property. Temporary turn-around arrangements for dead-end streets which will be extended in the future may be required by the Planning Commission.
   (l)   Cul-de-sac streets shall be no longer than 600 feet and shall contain at the closed end a turn-around having an outside road pavement diameter of eighty feet and a street property line diameter of 100 feet. Special consideration shall be given longer cul-de-sacs under unusual topographic conditions.
   (m)   Street grades shall not be greater than five percent (5%) or less than 0.5 percent (0.5%).
   (n)   To ensure adequate sight distance, horizontal curves shall have the following minimum centerline radii:
 
(1)   Minor streets
150 feet
(2)   Neighborhood collector streets
300 feet
(3)   Major streets
500 feet
(4)   Major thoroughfares
750 feet
(5)   A tangent at least 100 feet long shall be provided between reverse curves on neighborhood collector streets and at least 250 feet long on major streets and thoroughfares.
   (o)   Streets shall intersect one another at right angles or as nearly at right angles as conditions permit. No street shall intersect another at an angle of less than sixty degrees.
      (1)   "T" intersections of minor streets shall be encouraged.
      (2)   Multiple intersections involving the junction of more than two streets shall be prohibited.
      (3)   Minor streets intersecting with a major street or thoroughfare shall have a tangent section of centerline not less than fifty feet in length from the right of way of the major street and at right angles thereto.
   (p)   No street names shall be used which will duplicate or be confused with the names of existing streets within the area of jurisdiction of these Regulations. Street and subdivision names and house numbers shall be subject to the approval of the Village Engineer.
 
   (q)   New street names shall bear the same name of any continuation of or when in alignment with an existing or platted street.
(Ord. 1972-20. Passed 12-19-72.)

1109.03 ALLEYS.

   (a)   Alleys shall be prohibited in subdivisions within single-family or two-family districts unless warranted by special or unique conditions.
   (b)   Alleys shall be provided for subdivisions where the intended use is for multiple dwellings, business, commercial or industrial purposes. The Planning Commission may waive this requirement where other definite provision is made for service access, off-street loading and parking.
   (c)   Dead-end alleys are prohibited unless unavoidable because of special physical conditions. If permitted, dead-end alleys shall be provided with adequate turn-around facilities for service trucks, as determined by the Planning Commission.
(Ord. 1972-20. Passed 12-19-72.)

1109.04 BLOCKS.

   (a)   Block length shall be no longer than 1,320 feet nor less than 500 feet unless special physical conditions or subdivision designer concept justify a departure from these standards.
 
   (b)   Block width shall be sufficient to provide for a development of two tiers of lots between streets except in cases where lots back to a major street or thoroughfare under the conditions specified in Section 1109.02(e).
 
   (c)   Where a proposed subdivision abuts or contains a major street or thoroughfare as shown on the Major Street Plan, the long dimension of the block should parallel the major street or thoroughfare.
 
   (d)   Blocks designated for multiple dwellings, business, commercial or industrial use may be specifically designed for such purposes with spaces set aside for off-street parking and loading facilities as specified in the Zoning Ordinance.
 
   (e)   A public dedication of ten feet in width may be required for a pedestrian walkway through a block over 900 feet in length or where necessary in the judgment of the Planning Commission to provide for safe and convenient access to schools, parks, shopping centers or other community facilities.
(Ord. 1972-20. Passed 12-19-72.)

1109.05 LOTS.

   (a)   The lot size, width, depth, shape and orientation shall be appropriate for the location and contemplated use of the subdivision, but in no case shall any of the lot dimensions, building setback lines or lot area requirements be less than the minimum specified in the Zoning Ordinance for the particular district in which the subdivision is located.
 
   (b)    The minimum lot depth for residential lots shall be 100 feet, and 135 feet on major streets, except as provided in Section 1109.01(d).
 
   (c)   The general depth-to-width ratio of lots shall not exceed 2.5 to 1.
 
   (d)   Every lot shall abut upon and have permanent access to a public street; provided that in subdivisions designed under conditions specified in Section 1109.01(c), this requirement may be modified or waived by the Planning Commission.
 
   (e)   Side lot lines shall be at right angles or radial to the street right-of-way line.
 
   (f)   Utility easements may be required on rear or side lot lines as specified by the Planning Commission. Such easements shall be at least twelve feet in width with six feet being taken from the abutting lots on both sides of the centerline of the easements.
   Additional easements may be required along drainage channels or watercourses in such width as may be determined by the Village Engineer.
 
   (g)   Corner residential lots shall have extra width sufficient to maintain building setback lines as specified in the Zoning Ordinance.
(Ord. 1972-20. Passed 12-19-72.)

1109.06 PUBLIC SITES AND OPEN SPACES.

   (a)   Where a proposed neighborhood park, playground, recreation area, school site or other public use as shown on the Comprehensive Plan is located in whole or in part in a subdivision, the Planning Commission may require the dedication of such public area in an amount up to five percent (5%) of the gross area of the proposed subdivision as a condition of approval of that subdivision.
   (b)   In any subdivision where dedication of land for neighborhood park, playground, recreation area or school site as shown on the Comprehensive Plan is not required as a condition of approval of the subdivision by the Planning Commission, a fee of fifty dollars ($50.00) per dwelling unit in multiple dwelling areas and seventy five dollars ($75.00) per dwelling unit in single-family areas shall be required upon issuance of a building permit, to be deposited in a fund for the purpose of acquisition of land for park, playground or school sites as shown on the Comprehensive Plan.
   These provisions regarding public sites and open spaces shall be applied over and above those requirements specified under the planned development provisions of the Zoning Ordinance.
   Any lands contemplated for public use shall be reserved from the plat by the subdivider for a period of not longer than two years. If Council or the Board of Education fails to purchase the site or to make arrangements satisfactory to the subdivider for acquisition of the site, the subdivider may replat the reserved site into lots.
   (c)   Dedication of greenbelts or buffer parks may be required by the Planning Commission in areas where they are desirable to separate and protect residential subdivisions from adjacent commercial developments, express highways, major streets and railroad rights of way.
   (d)   Dedication or reservation of other public open spaces may be required where deemed necessary by the Planning Commission for preservation of historic sites and scenic areas or for a particular type of development proposed in the subdivision, but not anticipated in the Comprehensive Plan.
(Ord. 1972-20. Passed 12-19-72.)

1111.01 GENERAL PROCEDURES.

   (a)   Prior to submission of the final plat for approval two complete sets of preliminary construction plans, showing contemplated improvements for the required streets, utilities and other facilities required by these Regulations, shall be on file with the Village Engineer. Before approving or disapproving the final plat, the Planning Commission shall require a written statement from the Village Engineer and the parks official regarding the adequacy or inadequacy of construction plans and improvements as proposed by the subdivider.
   (b)   Inspection. Before approving a final plat and the accompanying construction plans for public improvements, the Planning Commission shall require satisfactory evidence that agreement has been reached between the subdivider and the Village Engineer in providing for the inspection of the various public improvements as they are constructed.
(Ord. 1972-20. Passed 12-19-72.)

1111.02 IMPROVEMENT GUARANTEES.

   In lieu of the actual installation of required public improvements, the subdivider shall provide a financial guarantee of performance in one or a combination of the following arrangements subject to the review of Council.
   (a)   Performance Bond. A performance or surety bond to cover the cost of the contemplated improvements as certified by the Village Engineer and parks official shall be filed with the Village Clerk. Such bond shall specify the time period in which the improvements are to be completed and shall be with an acceptable bonding company authorized to do business in Ohio by the Secretary of State of the State of Ohio.
   (b)   Escrow Fund. A cash deposit, certified check or surety bond sufficient to cover the cost of the contemplated improvements as certified by the Village Engineer and parks official shall be deposited with the Municipal Clerk. The escrow deposit shall be for the estimated time period necessary to complete the required public improvements.
      In the case of either cash deposits or certified checks, an agreement between Council and the subdivider may provide for progressive payments out of the cash deposit or reduction of the certified check or surety bond to the extent of the estimated cost of the completed portion of the public improvements as certified by the Village Engineer.
      (Ord. 1972-20. Passed 12-19-72.)

1111.03 PENALTY FOR NONCOMPLETION OF PUBLIC IMPROVEMENTS.

   In case the subdivider fails to complete the required public improvement work within such time period as required by the conditions of the guarantee as outlined herein, the Municipality shall proceed to have such work completed and reimburse itself for the cost thereof by appropriating the cash deposit, certified check or surety bond or shall take the necessary steps to require performance by the bonding company.
(Ord. 1972-20. Passed 12-19-72.)

1111.04 REQUIRED PUBLIC IMPROVEMENTS.

   Every subdivision shall be required to provide complete public utilities including water, sanitary sewer, storm sewer and full street improvements including street paving, curb and gutter, street trees and sidewalks.
   The minimum standards for required public improvements shall be as follows:
   (a)   Water. A public water system containing eight-inch minimum supply line, fire hydrants, valves and other water system appurtenances shall be constructed in conformance with the requirements of the Village Engineer unless reduced by the Village Engineer.
   (b)   Sanitary Sewer. A public sanitary sewer system containing an eight-inch minimum size pipe shall be constructed and the sewer size, grade and other appurtenances of the system shall be constructed in conformance with the requirements of the Village Engineer.
   (c)   Storm Sewer. A storm drainage system including adequate storm sewers, drain inlets, manholes, culverts and other necessary appurtenances shall be required and constructed in conformance with the requirements of the Village Engineer.
      (1)   All natural water drainage ways shall be preserved at their natural gradient unless otherwise determined by the Planning Commission upon recommendation from the Village Engineer.
      (2)   All lots shall be finish graded so that all storm waters shall drain therefrom.
   (d)   Street. Full street improvements including adequate subgrade preparation, hard surfacing, curb and gutter shall be required in every subdivision in conformance with the construction standards of the Village Engineer. The minimum standards for such street improvement shall be as follows:
      (1)   Street surfacing. The finished roadway surfacing shall be either asphaltic or bituminous aggregate concrete, or Portland cement concrete installed in conformance with the specifications of the Village Engineer.
      (2)   Street surfacing width. Minimum street surfacing widths shall be as follows:
 
 
Minor streets
33 feet
*(to face of curb)
Neighborhood
Collector streets
38 feet
(to face of curb)
Major streets
52 feet
(to face of curb)
*In cases of cul-de-sac and loop street developments, the minor street paving width may be lowered to twenty-four feet where, in the judgment of the Planning Commission, this width will be sufficient to accommodate the anticipated traffic volumes of the overall neighborhood. Added street pavement width may be required by the Planning Commission for minor streets and collector streets which are designed to serve high-density residential developments, and commercial or industrial subdivisions.
      (3)   Curb and gutter. Curb and gutter of a type approved by the Village Engineer shall be provided for all minor, neighborhood collector and major streets within each subdivision.
      (4)   Street islands and boulevards. Where the subdivider proposes boulevard streets and/or street islands in his street layout, the subdivider shall make suitable plans for landscaping the boulevard or island areas. All such landscaping plans shall be approved as to height, size and type of plant material by the Municipal staff.
   (e)   Sidewalks and Crosswalks. Each subdivision shall provide concrete sidewalks five feet in width on both sides of the street in accordance with the Village Engineer's specifications. The Planning Commission may change the requirement where, in their judgment, such improvement will adequately serve the pedestrian needs of the subdivision. In subdivisions containing lots of 150 feet width or more, the Planning Commission may reduce this requirement to one sidewalk where, in their judgment such improvement will adequately serve the pedestrian needs of the subdivision and the surrounding neighborhood. Crosswalkways, where required, shall have a five foot paving width centered within the required ten-foot public right of way.
   (f)   Alleys. Alleys, where permitted, shall be paved in concrete or other bituminous material to their full right-of-way width under specifications approved by the Village Engineer.
   (g)   Street Trees. Street trees shall be required in each subdivision of a type, size and location as specified by the staff of the Municipality.
   (h)   Monuments. Monuments consisting of a three-quarter-inch minimum iron in length shall be placed at all block corners, lot corners, angle points and points of curves in streets, and at such other points as required by the Village Engineer.
      (Ord. 1972-20. Passed 12-19-72.)
   (i)   Street Lights. Street lights shall be installed at street intersections and at such other locations as required by the Village Engineer.
      (Ord. 2005-01. Passed 1-20-05.)
   (j)   Street Name Signs. The subdivider shall install the Municipality's standard name signs at each intersection.
   (k)   Utilities. All utilities shall be installed underground.
      (Ord. 1972-20. Passed 12-19-72.)

1111.05 OPTIONAL PUBLIC IMPROVEMENTS.

   Landscape planting, louvered fences for screening or other suitable landscape treatment may be made by the subdivider within required greenbelts, buffer parks or other open spaces where he desires to protect his development from the detrimental effects of adjacent expressways, major streets, railroads or other land uses. Such landscape plans should be indicated on the subdivider's improvement plans and shall be approved by the Planning Commission after review by the Municipal staff.
(Ord. 1972-20. Passed 12-19-72.)

1111.06 VARIANCES.

   Where the Planning Commission finds that strict compliance with these minimum improvement requirements result in extraordinary hardship or unreasonable costs being imposed upon a particular subdivision, it may vary these improvement regulations so that substantial justice may be done and the public interest secured.
   In granting variances and modifications of these Regulations, the Planning Commission may require such conditions as will, in its judgment, secure the objectives of the standards of requirements so varied or modified.
(Ord. 1972-20. Passed 12-19-72.)

1113.01 VALIDITY.

   If any section, subsection, sentence, clause or phrase of these Subdivision Regulations is for any reason held to be unconstitutional, void or invalid, the validity of the remaining portions shall not be affected thereby.
(Ord. 1972-20. Passed 12-19-72.)

1113.02 FEES.

   A filing fee of one hundred dollars ($100.00) for the first acre or fractional part thereof and fifteen dollars ($15.00) for each additional acre or fractional part thereof for preliminary plats and a like amount for final plats shall be required.
(Ord. 1972-20. Passed 12-19-72.)

1113.99 PENALTY.

   Violation of the provisions of these Subdivision Regulations shall be punished in accordance with the provisions of Ohio R.C. 711.13, with right of recovery by the Municipality as stated in such Section 711.13.
(Ord. 1972-20. Passed 12-19-72.)