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Lexington City Zoning Code

TITLE FIVE

Subdivision Regulations

APPENDIX A: APPLICATION AND OTHER FORMS

Section
   1.    Application for minor subdivision approval
   2.    Application for tentative approval of preliminary plat
   3.    Application for final plat approval
   4.    Required statements and signatures to be affixed on the subdivision plat
   5.    Application for subdivision variance
   6.    Extension agreement for approval or disapproval of subdivision plat by Planning Commission
§ 1 APPLICATION FOR MINOR SUBDIVISION APPROVAL.
                     Date                                                      
Name of Subdivider or Agent                                                                                           
Address                                                                                               
Phone                                               
Location of Subdivision:
Township                                                Section                                                        
1.    Do you know what type of development will be constructed in this proposed subdivision
            ( ) Yes    ( ) No If yes, check one:
   ( ) Single Family
   ( ) Two Family
   ( ) Three Family or more (specify)
   ( ) Commercial
( ) Industrial
2.    Attach a detailed sketch plan showing exactly how you intend to subdivide your property. Indicate: scale (1" = 100' or larger), north arrow, names of all existing dedicated streets, approximate dimensions and size of each parcel in acres, and a tax map copy of the area in question (a copy can be obtained from the Village of Lexington Administration Building). See Chapter 1177 of the Subdivision Regulations of the Village of Lexington for other required information to be submitted.
3.    If you have retained any remaining land as your original tract after the proposed subdivision, do you have future plans of subdividing the remaining tract of land?
            ( ) Yes    ( ) No.
   If yes, when do you estimate this will take place?                                                     
And how many parcels do you anticipate?                                                               
4.    Have you ever submitted a subdivision plan of this tract of land to the Planning Commission before? ( )Yes    ( ) No.
If yes, what was the date and action taken on your previous plan?                                                                                                                                                                                                                                                                                                                                                     
5.    Do you conform with the minimum size of lots in the Village Zoning Ordinance?
         ( ) Yes    ( ) No. Square footage of your proposed lots (if varies,
give square footage of smallest lot).
6.    Indicate how you plan to provide water and sewer facilities to each additional building site you create.
   a.    Water (check one)
      ( ) Individual wells
      ( ) Construct a community water system
      ( ) Tap into an existing public water system
   b.    Sewer (check one)
      ( ) Individual septic systems
      ( ) Build a private treatment plant
      ( ) Tap into an existing public sewer system
Have you checked with the Richland County Health Department on the feasibility of your water and sewer proposals indicated above?
      ( ) Yes    ( ) No.    If yes, give the Health Department's comments.
                                                                                                                                                                                                                                                                                                                                               
If no, we suggest that you contact the Richland County Health Department on this matter.
If subdivision approval is given, it should be understood that approval is for the subdivision of land only. Approval under Subdivision Regulations does not constitute approval of sewage disposal systems by the Richland County Health Department, nor does it constitute approval of zoning, building construction, or any other pertinent development regulations that are in effect and have jurisdiction over the property to be subdivided.
I have answered everything to the best of my knowledge and clearly understood everything on the Application for Subdivision Approval.
                                                                                 
                           Owner
If the facts on this application are found to be untrue, the application automatically becomes null and void.
After the application has been accepted, the Planning Commission has seven (7) working days by law to take action on your subdivision plan.
*******************************************************************************
OFFICE USE ONLY
Date Application Accepted                                                                                              
Action Must Be Taken By                                                                                              
Date of Planning Commission                                                                                         
Action Taken By Planning Commission                                                                            
Date Applicant was Informed of Action                                                    
Signed                                                             
§ 2 APPLICATION FOR TENTATIVE APPROVAL OF PRELIMINARY PLAT.
Date                                                            Application No.                                        
1.    Name of Applicant                                                                                               
   Address                                                                                                             
   Phone                                                                                                                
2.    Name of Surveyor or Engineer                                                                             
   Address                                                                                                             
   Phone                                                                                                                
3.    Name of Subdivision                                                                                            
4.    Locational Description:    Section                               Township                           
Range                                Other                                 
   (In addition, please attach copy of legal description)
5.    Proposed Use                                                                                                     
6.    Present Zoning District                                                                                        
7.    Proposed Zoning Changes                                                                                    
8.    Number of Lots                                          Area of Parcel                                      
9.    Do you propose deed restrictions?    Yes                           No                          
(If yes, please attach a copy)
10.    What type of sewage disposal do you propose?                                                        
If an "on lot" type of sewage disposal is proposed include a letter from the County Board of Health approving a specific type of sewage disposal.
11.    List all proposed improvements and utilities and state your intention to install or post a guarantee prior to actual installation.
   Improvement                   Installation       Guarantee
   a.                                                                                                                      
b.                                                                                                                      
   c.                                                                                                                      
   d.                                                                                                                      
   e.                                                                                                                       
12.    List other materials submitted with this application.
Item No.
a.                                                                                                           
b.                                                                                                           
c.                                                                                                           
   d.                                                                                                           
   e.                                                                                                           
   f.                                                                                                           
                                                                                                                             
      Applicant                   Surveyor or Engineer
*******************************************************************************
OFFICE USE ONLY
Date Received                                                                                                              
Date of Meeting of Planning Commission                                                                         
Action by Planning Commission                                                                                      
If Plat Rejected, Reason(s) for Rejection                                                                          
                                                                                                                                   
                                                                                                                                   
                                                                                                                                   
                                                                                                                                    
 
Date                                         Chairman                                                                   
§ 3 APPLICATION FOR FINAL PLAT APPROVAL.
                                                     , Ohio
Date                                                              Application No.                            
1.   Name of Applicant                                                                                               
Address                                                                                                             
Phone                                                                                                                
2.    Name of Surveyor or Engineer                                                                             
   Address                                                                                                             
   Phone                                                                                                                
3.    Name of Subdivision                                                                                           
4.    Date Preliminary Plat Approved                                                                            
5.    Was a zoning change requested?                            Yes                            No
If yes, the plat may not be approved until it conforms with the local zoning. Include a certification of zoning compliance if a change was requested.
6.    Have all required improvements been installed?                      Yes                    No
If no, include detailed estimates of cost and a statement relative to the method of improvement guarantee. All estimates must be approved by the Village Engineer.
7.   Do you propose deed restrictions?                          Yes                              No
(If yes, please attach a final copy)
8.    List other materials submitted with this application
Item No.
a.                                                                                                                      
b.                                                                                                                      
c.                                                                                                                      
d.                                                                                                                      
e.                                                                                                                       
   f.                                                                                                                      
   g.                                                                                                                      
OFFICE USE ONLY
Date Received                                                                                                               
Date of Meeting of Planning Commission                                                                          
Plat Fee $                                                    Inspection Fee $                                          
Action by Planning Commission                                                                                      
If plat rejected, reason(s) for rejection                                                                             
                                                                                                                                  
                                                                                                                                  
                                                                                                                                 
                                                                                                                                  
                                                                                                                                  
                                                                                                                                  
Date                                                Chairman                                                            
 
CERTIFICATE OF SURVEYOR
S 4 REQUIRED STATEMENTS AND SIGNATURES TO BE AFFIXED ON THE SUBDIVISION PLAT.
OWNER'S ACCEPTANCE AND DEDICATION
   I/we, the undersigned owner(s) of the land(s) shown on the within plat, hereby acknowledge the making of said plat to be our free act and deed, that there are no unpaid taxes or special assessments against the land contained in the plat and I/we do hereby accept said plat and dedicate the streets and other public areas as shown to public use forever. In Witness whereof I/we have set my/our hand(s) this          day of                     , 19    .
OWNER (S)   WITNESS (ES)
                                                                                                               
                                                                                                               
  
                                                                                                                
  
STATE OF OHIO, COUNTY OF RICHLAND, VILLAGE OF LEXINGTON: SS
   Before me a Notary Public in and for said County and State, personally appeared the above owner(s) who then and there acknowledged the making and signing of the within plat to be his/her/their free act and deed and for the uses and purposes shown thereon in testimony, whereof I have hereunto set my hand and official seal this           day of                   , 19    .
                                                           
   Notary Public
      My Commission
Expires                                   
I hereby certify this plat represents a survey made by me, that all notes, dimensions and geodetic details are correct, that the survey closes with an error of one foot in 25,000 feet or less and that the monuments shown exist or shall be set as shown.
Date                                                                                                          
    Name
   Registered Surveyor No.                
   (SEAL)
VILLAGE ENGINEER
   I hereby approve the above plat and dedication. No acceptance of the dedicated streets upon the public road system is meant or implied.
Date                                                                                                             
    Name
    Village Engineer
VILLAGE LAW DIRECTOR
   I hereby certify the performance guarantee for the construction of the proposed improvements has been reviewed and accepted.
Date                                                                                                            
    Name
    Law Director
RICHLAND COUNTY HEALTH DEPARTMENT
(Applicable for Wells and Septic Systems)
   I hereby approve the within plat and dedication.
Date                                                                                                                
    Name
    Richland County Health
    Department
VILLAGE OF LEXINGTON PLANNING COMMISSION
   I hereby certify that the within plat and dedication were duly approved by the Planning Commission for the Village of Lexington at its regular meeting held on the          day of                , 19   .
Date                                                                                                   
   Name
   Chairman
VILLAGE COUNCIL
   I hereby certify that the within plat and dedication were duly approved by the Lexington Village Council, at its meeting on the         day of                , 19    .
Date                                                                                                     
   Mayor
COUNTY AUDITOR
   I hereby certify that there are no delinquent taxes or special assessments on the land herein described and these platted lands were transferred on the           day of                     , 19   .
Date                                                                                                        
   Name
   Richland County Auditor
COUNTY RECORDER
   Filed for record this            day of                 , 19    at               (time). Recorded this           day of              , 19    , in Plat Volume            , Page              .
Date                                                                                                        
   Name
   Richland County Recorder
(Ord. 91-35. Passed 5-20-91.)
§ 5 APPLICATION FOR SUBDIVISION VARIANCE.
Date                                                     Application No.                                                
Name                                                                                                                            
Address                                                                                                                       
   
Phone                                                                                                                         
1.    Locational Description:                                                                                      
                                                                                                                                 
                                                                                                                                 
                                                                                                              
2.    Nature of Variance Requested: Describe generally the nature of the variance:
                                                                                                                                                          
 
3.    Justification of Variance: On a separate sheet, please attach a statement relative to why the variance from requirements of the subdivision regulations is requested. Include such items as:
   a.   exceptional topographical or other conditions peculiar to this particular parcel of land:
b.    why a literal interpretation of the regulations would deprive the applicant of rights enjoyed by other property owners:
c.    that the peculiar conditions do not result from previous actions of the applicant:
d.    that the requested variance is the minimum variance that will allow reasonable division of the land:
e.    a sketch of the area showing the location and characteristics of the requested variance.
   I certify that all information contained in this application and its supplements is true and correct.
                                                                             
                              Signature
 
§ 6 EXTENSION AGREEMENT FOR APPROVAL OR DISAPPROVAL OF SUBDIVISION PLAT BY PLANNING COMMISSION.
   Pursuant to the New Lexington Subdivision Regulations and Section 711.10 Ohio Revised Code, the time for approval or disapproval of the Plat of                                                                                                                                                                                                               submitted by                                                                                                                  is hereby extended to                                                                           , 19                    .
   No Plat shall be recorded until it is approved by the Lexington Planning Commission and such approval is endorsed in writing on the Plat. The approval of the Planning Commission or the refusal to approve shall be endorsed on the Plat within thirty (30) days after the submission of the Plat for approval, or within such further time as the applying party may agree to.
   This agreement constitutes the agreement of the applying party to an extension of time beyond the thirty (30) day period for approval or disapproval.
                                                                                 
                     Applying Party
Dated:                                                          
Date Plat submitted to Planning Commission:                                               
Extended Date:                                              

APPENDIX B: TYPICAL SECTION LOCAL STREET

APPENDIX C: STORM AND SANITARY SEWER DESIGN FACTORS

Section
   1. Storm sewer design factors
   2. Sanitary sewer design factors
1 STORM SEWER DESIGN FACTORS.
MINIMUM GRADES "SMOOTH PIPE"
   Using an "n" factor of 0.013, the following grades of pipe line shall be considered minimum:
 
Pipe Size (Inches)
Minimum Grade (Percent)
12
0.33
15
0.23
18
0.18
21
0.14
24
0.12
   For sizes larger than 24 inches where an "n" factor other than 0.013 is used, the minimum grade shall be considered as that which produces a full flow velocity of not less than 2-1/2 feet per second.
MAXIMUM INLET TIMES
   Inlet time shall be computed by the design engineer. However, the maximum inlet time shall be as follows:
 
Distance of Travel
to Inlet (Feet)

Inlet Time (Minutes)
100
12
200
16
300
20
 
(Ord. 91-35. Passed 5-20-91.)
S 2 SANITARY SEWER DESIGN FACTORS.
FLOW CRITERIA
   Occupant per dwelling = 2.7
   Average daily flow per occupant = 62 gallons per day
   * Peak flow factor per lateral and submain sewers = 4.0
   * Peak flow factor for main, trunk and outfall sewers = 2.5
   * Sewer classification shall be determined by the Village.
MINIMUM PIPE GRADES
   Using an "n" factor of 0.013, the following grades of pipe shall be considered minimum:
      Main Size   Minimum Grade
      (Inches)    (Percent)
      6   0.60
      8   0.40
      10   0.28
      12   0.22
   For sizes larger than twelve inches, the minimum grade shall be considered as that which produces a full flow velocity of not less than two feet per second.
(Ord. 93-31. Passed 11-15-93.)
TABLE
STREET DESIGN STANDARDS
 


STREET
CLASSIFICATION
MINIMUM RIGHT-OF- WAY (FEET)
MINIMUM PAVEMENT WIDTH (FEET)
MAXIMUM DEGREE OF CURVATURE (ARC DEFINITION)
MINIMUM RADIUS OF CURVATURE (f) (FEET)
MAXIMUM PERCENT OF GRADE
VERTICAL VISIBILITY (FEET) (g)
MINIMUM CORNER RADII (FEET) (d)
Major arterial thoroughfare
100 a.
b.
1,910
4.0%
500
b.
Minor arterial thoroughfare
80 a.
b.
1,150
5.0%
300
b.
Collector thoroughfare
60 a.
b.
10º
575
6.0%
250
b.
Local street (commercial or industrial)
50 a.g.
30
10º
575
6.0%
250
40
Local residential streets and cul-de-sacs
50 a.g.
28
20º
290
7.0% c.
200
25
Private streets
50 a.
22
29º
200
8.0% c.
200
25
 
NOTES:
a.   Where a boulevard-type street is proposed, the minimum right-of-way shall be increased by an amount equal to the width of the proposed median.
b.   Requirement will vary with design speed and capacity (to be determined by the Village Engineer).
c.   Maximum may be greater due to topography if in accord with the application of standard engineering practice (to be approved by the Village Engineer).
d.   Right-of-way line of street.
e.   Pavement width dimensions are minimum measured from face to face of curb.
f.   Radius of curvature is measured along centerline of streets.
g.   Dimensions for distance of vertical visibility shall be measured from a point three and one- half feet above the street surface on one side of a vertical curve to a point six inches above the street on the opposite side.
CODIFIED ORDINANCES OF LEXINGTON

1175.01 SHORT TITLE.

   The official name of these regulations shall be “Subdivision Regulations of the Village of Lexington, Richland County, Ohio,” and shall be referred to herein as the “regulations”.
(Ord. 81-56. Passed 12-28-81.)

1175.02 PURPOSE.

   The regulations are adopted by the Village for the purpose of protecting the health, safety, and general welfare of residents of the Village, to regulate the development of subdivided lands; to promote the proper arrangement of streets and lots; to provide for the adequate and convenient provision of open spaces, utilities, and access to service and emergency vehicles; to insure adequate provision of water, drainage, sewer, and other sanitary facilities; and to provide for the administration of these regulations to insure the equitable processing of all subdivision plats by providing uniform standards and procedures for observance by both the approving authority and the subdivider.
(Ord. 81-56. Passed 12-28-81.)

1175.03 DEFINITIONS.

   For the purpose of these Subdivision Regulations the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   “ALLEY” A quantity of land dedicated to the public to provide a private or secondary means of access to the back or side of properties otherwise abutting on a street.
   “BLOCK” A subdivided property surrounded by, but not separated by, one or more of the following man-made or physical land features: private or public dedicated streets, unsubdivided acreage, rivers or streams, or by any other physical feature which prevents continuity of development.
   “BOULEVARD” See “STREET”.
   “BUILDING SETBACK LINE” A line establishing the limits of a yard which abuts a street and in which no building or other improvement for active use (except parking) may be located.
   “COLLECTOR THOROUGHFARE” See “STREET”.
   “CUL-DE-SAC” See “STREET”.
   “DEAD-END STREET” See “STREET”.
   “DEVELOPER” Any person, partnership, corporation, or duly authorized agent who constructs or contracts to construct improvements on subdivided land. A developer may also be a "subdivider" as elsewhere defined herein.
   “EASEMENT” A quantity of land over which a liberty, privilege, or advantage is granted by the owner to the public, a corporation, or particular person for a specific use or purpose.
   “ESTATE DEVELOPMENT” See “SUBDIVISION”.
   “FINAL PLAN” See “SUBDIVISION PLAT”.
   “FLOOD PLAIN” Land which has been or may hereafter be covered by flood waters including, but not limited to, the regulatory flood. For the purpose of these regulations, the regulatory flood shall be deemed to be a flood of 100-year frequency.
   “IMPROVEMENTS” Grading, street surfacing, curbs and gutters, sidewalks, crosswalks, water mains, sanitary and storm sewers, storm sewer outfall, culverts, street lights, street trees and the appropriate appurtenances required to render land suitable for the use proposed.
   “INDUSTRIAL-COMMERCIAL STREET” See “STREET”.
   “LICENSED LAND SURVEYOR” A person licensed to practice surveying by the State Board of Registration.
   “LOCAL STREET” See “STREET”.
   “LOT” A division of land separated or intended to be separated from other divisions of land by description on a recorded subdivision plat, recorded survey map, or by metes and bounds for the purpose of sale, lease, or separate use.
      (1)    “CORNER LOT” A lot at the point of intersection of and abutting onto more than one street.
      (2)    “DOUBLE FRONTAGE LOT” A lot other than a corner lot, that abuts onto more than one street.
   “LOT LINES” The lines defining the boundaries of a lot.
   “MAJOR ARTERIAL THOROUGHFARE” See “STREET”.
   “MARGINAL ACCESS STREETS” See “STREET”.
   “MINOR ARTERIAL THOROUGHFARE” See “STREET”.
   “OFFICIAL MAPS” The maps of the Village and the surrounding area showing the streets, highways, parks, and other public areas and sites, adopted and established by law, including additions thereto, resulting from the legal filing of approved plats.
   “OPEN SPACE DEVELOPMENT” See “SUBDIVISION”.
   “OWNER” Any individual, firm, association, syndicate, copartnership, corporation, trust, or any other legal entity having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the land under these regulations.
   “PAVEMENT” That portion of the street right-of-way surfaced for vehicular use.
   “PEDESTRIAN WALKWAY” A dedicated public right-of-way limited to pedestrian use.
   “PERFORMANCE BOND” An agreement by and between the "subdivider" and a surety company in favor of the Village, or an instrument approved by the Village between the "subdivider" and the Village, for the amount of the estimated construction cost guaranteeing the completion of the requirement improvements according to the specifications set forth in these regulations, within the time prescribed by the above agreement.
   “PLANNED UNIT DEVELOPMENT” See “SUBDIVISION”.
   “PLANNING COMMISSION” The Planning Commission of the Village.
   “PRELIMINARY PLAN” A drawing for the purpose of study of a "major subdivision" and which, if approved, permits proceeding with the preparation of a "subdivision plat."
   “PRIVATE STREET” See “STREET”.
   “PROFESSIONAL ENGINEER” A person registered to practice professional engineering by the State Board of Registration as specified in Ohio R.C. 4733.14.
   “PUBLIC RESERVATION” A portion of a "subdivision" which is set aside for public use and made available for public use and acquisition.
   “PUBLIC UTILITY” Any person, firm, association, corporation, trust, board, commission, or other legal entity, duly authorized to furnish under state, county or municipal regulations to the public gas, steam, electricity, sewerage disposal and treatment, communication, television, telegraph, transportation, water or waste treatment.
   “REGIONAL PLANNING COMMISSION” The County Regional Planning Commission.
   “REGISTERED ARCHITECT” An architect duly authorized to practice architecture in accordance with state law.
   “REGISTERED ENGINEER” An engineer duly authorized to practice civil engineering in accordance with state law.
   
   “RESERVE STRIP” A strip of land parallel and abutting a thoroughfare controlling the means of access onto the property.
   “RESERVED AREA” or “RESERVATION” A parcel of land within a "subdivision" which is set aside for a specific use, other than residential, commercial, or industrial.
   “RIGHT-OF-WAY” The land between property lines of a street, alley, pedestrian walkway, or utility line, dedicated to public ownership or use, not including an easement.
   “SERVICE DRIVES” See “STREET”.
   “STREET” A right-of-way which affords the principal means of access to abutting property and which has been dedicated or deeded to the public use and accepted by the Village. Streets shall be further defined as follows.
      (1)    “BOULEVARD” A “street” or road on which traffic flow is divided into each direction by a median strip which is usually landscaped with grass and plantings. A “BOULEVARD” may serve the function of an arterial thoroughfare, “collector thoroughfare” or “local street”, depending on its relationship within the overall transportation system.
      (2)    “COLLECTOR THOROUGHFARE” A “street” or road which is intended to collect traffic from “local streets” within a neighborhood and channel it onto the arterial system, or conversely to distribute traffic from the arterial system to the “local streets”. Access to abutting properties is equal in importance to the movement of through traffic. For the purpose of this chapter, “COLLECTOR THOROUGHFARES” are designated on the “thoroughfare plan" of the Village.
      (3)    “CUL-DE-SAC” A street having one outlet open to vehicular traffic and the other end permanently terminated by a vehicular turn-around.
      (4)    “DEAD-END STREET” A street temporarily having one outlet open to vehicular traffic and not provided with a permanent vehicular turn-around.
      (5)    “INDUSTRIAL-COMMERCIAL STREET” A “street” or road intended to be utilized in an area zoned industrial or commercial and intended to carry heavy vehicular traffic serving primarily light or heavy industrial and commercial establishments.
      (6)    “LOCAL STREET” A “street” which is intended primarily to provide access to abutting properties. Through traffic should be discouraged on “local streets”. All streets not otherwise designated shall be designated as “LOCAL STREETS”. For the purpose of this chapter, “LOCAL STREETS” are designated on the “thoroughfare plan” of the Village.
      (7)    “MAJOR ARTERIAL THOROUGHFARE” A “street” or road which is intended to carry the major portion of traffic entering or leaving an urban area and also significant intra-urban travel such as between communities or between major urban centers. Major arterials should form the boundaries of residential neighborhoods but should not penetrate those neighborhoods. Access or service to abutting properties is a secondary function to the provision of travel service. Parking and loading are discouraged. For the purpose of this chapter, “MAJOR ARTERIAL THOROUGHFARES” are designated on the “thoroughfare plan” of the Village.
      (8)    “MARGINAL ACCESS STREETS” Minor “streets” which are parallel to and adjacent to arterial streets and highways and which serve to reduce the number of access points to the arterial streets and thereby increase traffic safety.
      (9)    “MINOR ARTERIAL THOROUGHFARE” A “street” or road which is intended to connect with and augment the major arterial system. The function of the minor arterial system is to provide travel service to trips of moderate length and provide intra-community continuity. “MINOR ARTERIAL THOROUGHFARES”, a lower level of travel service than major arterials, but access to abutting properties is still a secondary function to the movement of through traffic. Minor arterials should also form the boundaries of neighborhoods but not penetrate the neighborhood. Parking and loading should be discouraged. For the purpose of this chapter, “MINOR ARTERIAL THOROUGHFARES” are designated on the “thoroughfare plan” of the Village.
      (10)    “PRIVATE STREET” A “street” or road that is not dedicated for public ownership or maintenance and which is to be maintained by an association of property owners or through other private means.
      (11)   “SERVICE DRIVES” A “street” providing access to property which abuts or is adjacent to minor or major thoroughfares.
   “SUBDIVIDER” An individual, firm, association, corporation, trust, or any legal entity, commencing proceedings under these regulations to subdivide land within the Village.
   “SUBDIVISION” The division of any parcel of land shown as a unit or as contiguous units on the last preceding tax role 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; however, 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 the sale or exchange does not create additional building sites, shall be exempted. The term also means the improvement of one or more parcels of land for residential and commercial, or industrial structures or groups of structures involving the division or allocation of land for the opening, or extension of any street or streets except private streets serving industrial structures; or 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.
      (1)    “ACRE LOT SUBDIVISION” A single-family residential “subdivision” having a minimum lot size of one acre and density of one dwelling unit per one acre and having municipal water service.
      (2)    “ESTATE DEVELOPMENT” A residential "subdivision" with a minimum lot size of two acres and a maximum density of one dwelling unit per each two acres.
      (3)    “MAJOR SUBDIVISION” Any “subdivision” that does not meet the definition of a “minor subdivision”. “Open Space” and “Planned Unit Developments” shall be defined as “MAJOR SUBDIVISIONS” for the purposes of these regulations.
         (a)    “OPEN SPACE DEVELOPMENT” Any subdivision of land which has both individual building sites and common open space areas, such as park and recreation areas, and is planned, designed, and organized as a unified development capable of providing a variety of residential dwellings.
         (b)    “PLANNED UNIT DEVELOPMENT” Any subdivision of land where both individual building sites and common property devoted to parks, playgrounds, or other public sites are designed to function in a satisfactory manner as a self contained residential area. The “PLANNED UNIT DEVELOPMENT” may include commercial activities, schools, or other related uses if approved as part of the final development plan.
      (4)   “MINOR SUBDIVISION” A “subdivision” of a parcel along an existing public-dedicated "street" not involving the opening, widening, or extension of any "street" or road, and involving no more than five lots after the "original tract" has been "completely subdivided" and provided that the same is not contrary to applicable platting, subdividing, or zoning regulations. The further division of an original tract which has been previously divided into five lots requires the replatting of the original tract.
         (a)    “ORIGINAL TRACT” A contiguous quantity of land held in common ownership which has not been platted by the existing owner or owners.
         (b)    “COMPLETELY SUBDIVIDED” A tract which is divided into as many lots as the "subdivider" intends for that tract.
   “SUBDIVISION PLAT” The final map or drawing on which the subdivider's plan of “subdivision” is presented to the Village Planning Commission for approval.
   “THOROUGHFARE PLAN” A plan prepared by the Village Engineer and adopted by the legislative body, showing the accurate location, grade, and width of existing or proposed streets in the Village and being on file in the Village office and the Village Engineer's office.
(Ord. 81-56. Passed 12-28-81.)

1175.04 RULES OF CONSTRUCTION.

   The following rules of construction shall apply to the provisions of these regulations.
   (a)    In case of any difference of meaning or implication between the provisions of these regulations and any caption or illustration, the provisions shall control.
   (b)    Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions, or units connected by the conjunction “and”, or, “either/or”, the conjunction shall be interpreted as follows.
      (1)    “AND” Indicates that all connected items, conditions, provisions, or events shall apply.
      (2)    “OR” Indicates that the connected items, conditions, provisions, or events may apply singly but not in combination.
         (Ord. 81-56. Passed 12-28-81.)

1175.05 AUTHORITY.

   The regulations have been adopted under authority of Article XVIII, Section 3 of the Ohio Constitution.
(Ord. 81-56. Passed 12-28-81.)

1175.06 JURISDICTION.

   These regulations shall be applicable to all subdivisions of land within the incorporated area of the Village.
(Ord. 81-56. Passed 12-28-81.)

1175.07 INTERPRETATION.

   The provisions and requirements of these regulations shall be construed to be minimum requirements and nothing herein shall prohibit the subdivider from exceeding these minimum requirements.
(Ord. 81-56. Passed 12-28-81.)

1175.08 CONFLICT.

   The provision of these regulations shall supplement any and all laws of the State, ordinances of the Village, or any and all rules promulgated by authority of the law relating to the purpose or scope of these regulations. When the requirements or provisions of these regulations differ with the requirement of any other lawfully adopted rules, regulations, or ordinances, the more restrictive regulations shall apply.
(Ord. 81-56. Passed 12-28-81.)
                                                                                                                           

1177.01 PURPOSE OF CHAPTER.

   The purpose of this chapter is to specify the steps that a subdivider shall follow to subdivide land in the jurisdictional boundaries of the Village as set forth in Section 1175.06.
(Ord. 81-56. Passed 12-28-81.)

1177.02 DEVELOPMENT PROPOSALS TO GO THROUGH TWO STAGES.

   (a)    Major subdivisions shall be reviewed and approved in two stages.
      (1)    Preliminary plan stage.
      (2)    Final plat stage.
   (b)    In those instances where a development is proposed in accordance with the provisions of the Zoning Ordinance governing open space developments, or planned unit developments, then only the final plat stage requirements as set forth in Section 1177.05 shall apply.
(Ord. 81-56. Passed 12-28-81.)

1177.03 PREAPPLICATION CONFERENCE.

   The subdivider may wish to consult with the Planning Commission, the Village Engineer, or the Mansfield-Richland County Health Department to avail himself of their advice and assistance in interpreting the purpose and effect of these regulations and the requirements and standards contained herein.
(Ord. 81-56. Passed 12-28-81.)

1177.04 PRELIMINARY PLAN.

   The preliminary plan stage requires the subdivider to provide all information deemed necessary to enable the Planning Commission to determine that the proposed layout is in conformity with these regulations. This step also insures that the subdivider will not be required to expend additional money without some indication that his final plat will be eventually approved.
   (a)    The subdivider must submit an application for preliminary plan approval to the Planning Commission in accordance with the requirements set forth in subsection (b) hereof. The preliminary plan shall be prepared by a registered professional engineer, licensed land surveyor, registered architect, or other qualified person. The following information shall be submitted to the Planning Commission for review through the Village Administrator.
      (Ord. 91-35. Passed 5-20-91.)
      (1)    Two copies of the application for preliminary plan approval (see Appendix A).
      (2)    Five copies of the preliminary plan prepared by a qualified, registered civil engineer or surveyor, along with a reproducible tracing if requested.
      (3)    Receipt indicating payment of the preliminary plan filing fee as required in Section 1183.05 of these regulations.
   (b)    The preliminary plan shall be drawn at a scale of 100 feet to the inch (one inch equals 100 feet) and shall be drawn on one or more sheets no larger than twenty- four by thirty-six inches in size. When drawn on several sheets, an index sheet showing the entire subdivision and match points on each sheet shall be provided. The preliminary plan shall contain the following information.
      (1)    The name of the proposed subdivision (which shall not duplicate the name of another subdivision in the County).
      (2)    The location of the proposed subdivision by township, range, section, tract, or other surveys.
      (3)    Names, addresses, and phone numbers of the property owners, developer, and engineer or surveyor who prepared the preliminary plan.
      (4)    Scale of the plan, north arrow, and date of survey.
      (5)    The boundary lines of the proposed subdivision showing bearings, dimensions, and acreage.
      (6)    The location, right-of-way and pavement widths of all existing and proposed streets within and adjacent to the subdivision. The proposed street layout should provide for the logical extension of streets into adjacent, unplatted property whenever appropriate.
      (7)    The existing and proposed topography within the boundaries of the subdivision on a two-foot contour interval.
         (Ord. 91-35. Passed 5-20-91.)
      (8)    The location and extent of all significant physical features of the site including water courses, lakes (natural or man-made), marshes, tree coverage, and other significant natural features.
      (9)    The location and size of all existing and proposed sewers, water lines, power transmission lines, pipelines, and other utilities within and adjacent to the tract.
      (10)    The location, width, and purpose of all other easements or rights-of-way.
      (11)    The present zoning classification of the tract and adjacent parcels and proposed zoning changes, if any.
      (12)    Required building setback lines with dimensions.
      (13)    The proposed arrangement of all lots, numbers, and approximate dimensions of each lot.
      (14)    The location and size of all parcels to be reserved or dedicated for public use.
      (15)    Development summary including total acreage, number of lots, and average lot size and acres in streets, public sites, and other public uses.
      (16)    A vicinity map, on or accompanying the plan, indicating the relationship of the proposed subdivision to existing subdivisions, existing and proposed thoroughfares, and the proposed connections between the existing and proposed streets and roads.    
   (c)    On determination by the Planning Commission that the preliminary plan has been properly submitted in accordance with the procedures and requirements of subsection (a) hereof, the Planning Commission shall accept the preliminary plan as being officially submitted and it shall be so dated.
   (d)   The Chairman of the Planning Commission or his designated agent may transmit copies of the preliminary plan to the Village Engineer, County Health Department (only where septic tanks are involved), and to school boards and utility companies, as he deems necessary for their review and comment. Thirty calendar days will be provided for this process. All comments received will be reviewed by the Planning Commission at the next regularly scheduled meeting following expiration of the thirty day review period.
      (Ord. 91-35. Passed 5-20-91.)
   (e)   Approval of a preliminary plan by the Planning Commission is not an acceptance of the subdivision plan for record, but only an expression of approval of a general plan as a guide for the preparation of a final subdivision plat for approval and recording on fulfillment of all requirements of these regulations. Approval shall be effective for a maximum period of 12 months unless on application by the subdivider, the Planning Commission grants an extension. If a final subdivision plat has not been submitted for approval within the time period, another preliminary plan must be submitted in accordance with these regulations.
      (Ord. 81-56. Passed 12-28-81.)

1177.05 FINAL PLAT.

   (a)    The subdivider, after receiving approval of the preliminary plan for the proposed subdivision, shall submit a final plat of the proposed subdivision and drawings and specifications of all improvements required therein. The final plat shall have incorporated all of the changes required by the Planning Commission in their review of preliminary plan. Otherwise, it shall conform to the preliminary plan. The final plat may be submitted for approval in sections provided that a preliminary plan has been approved for the entire subdivision. The final plat shall be prepared by a licensed land surveyor and supplementary improvement plans and specifications shall be prepared by a registered professional engineer.
   (b)    The following information shall be submitted to the Planning Commission (through the Village Administrator) for final review.
(Ord. 91-35. Passed 5-20-91.)
      (1)    Two copies of the application for final plat approval (see Appendix A).
      (2)    Five copies of the final subdivision plat and a reproducible tracing if requested.
      (3)    Five copies of the final plat improvement drawings.
      (4)    One copy of the protective covenants, if proposed.
      (5)    One copy of the performance guarantees approved by the Village Law Director and reviewed by the Village Engineer.
      (6)    A receipt indicating payment of plat filing fees (see Section 1183.05).
      (7)    Plan checking and field inspection fees (see Section 1183.05).
   (c)    The subdivision plat shall be drawn in ink on tracing cloth or mylar on sheets which shall be held to a minimum of eighteen by twenty-four inches and a maximum of twenty by thirty- six inches outside dimensions, and shall be drawn at a minimum scale of 100 feet to one inch. When necessary, the plat may be on several sheets accompanied by an index sheet showing the entire subdivision. When on several sheets, match points shall be shown. The subdivision plat shall show the following.
      (1)    Identification. 
         A.    Proposed name of the subdivision, township, tract, and original lot or section number.
         B.   Location map at one inch equals 2000 feet (U.S.G.S.) scale with north arrow.    
         C.   The name and address of the subdivider, and the registered engineer and/or surveyor who prepared the plat with appropriate registration numbers and seals.
      (2)    Control points. All dimensions, angles, and bearings are to be referred to control points, nearest established street line, section line, or other established points.
      (3)    Lines and boundaries. Centerlines and right-of-way lines of streets, easements, and other rights-of-way, corporation lines; property lines of all lots and parcels with distances; radii, arcs or chords, and tangents of all curves (nearest one-hundredth of a foot), bearings or deflection angles (nearest second).
      (4)    Streets. Street names of each street within the proposed subdivision and those adjoining the subdivision; right-of-way width accurately shown with dimensions.
      (5)    Building setback lines. Building setback lines accurately shown with dimensions.
      (6)    Lot identification. Lots will not be numbered as this is accomplished by the County when the plat is recorded.
      (7)    Total site data. Provide a simple chart summarizing site data including total acreage, acreage to be dedicated in public rights of way, other acreage to be dedicated to public use, number of lots, average acreage of lots, etc. (Ord. 91-35. Passed 5-20-91.)
      (8)    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.
      (9)   Monuments. Location and description of those found, set, or to be set.
      (10)   Names of recorded owners of adjoining unplatted land and reference to subdivision plats of adjoining platted land by name, volume, and page of the recorder's plat records.
      (11)   Notation for the following (See Appendix A for suggested wording).
         A.   Surveyor
         B.   Owner(s)
         C.   Village Law Director
         D.   Village Engineer
         E.   Village Planning Commission
         F.   Village Council
         G.   County Auditor
         H.   County Recorder
         I.   County Health Department (when wells and/or septic systems are proposed).
      (12)   Protective covenants. A copy of any protective covenants proposed for the subdivision.
         (Ord. 91-35. Passed 5-20-91.)
   (d)   The following improvement plans and specifications are required.
      (1)   Drawings showing cross sections, profile, elevations, construction details, and specifications for all required improvements shall be prepared by a registered professional engineer. The improvement plans shall be prepared in accordance with the design standards and required improvements set forth in Chapters 1179 and 1181.
         (Ord. 81-56. Passed 12-28-81.)
      (2)   If it becomes necessary due to unforeseen circumstances to modify the proposed improvements as approved, the subdivider shall inform the Village Engineer in writing of the necessary change(s) as well as the conditions requiring the change(s) and obtain written approval prior to construction.
   (e)   The Village Engineer shall review the plat, improvement plans and specifications with the Planning Commission prior to their final approval/disapproval action. A minimum of fifteen calendar days preparation time will be provided the Village Engineer.
   (f)   The Chairman of the Planning Commission shall present those subdivision documents meeting the requirements of subsection (b) above at the next regular meeting. On determination that all documents are in order, the Planning Commission shall accept the documents for review.
(Ord. 1991-35. Passed 5-20-91.)
          

1177.06 SUBMISSION TO STATE HIGHWAY DIRECTOR.

   Before any plat is approved affecting any land within 300 feet of the centerline of a proposed new highway or a highway for which changes are proposed as described in the certification to local officials by the State Highway Director of any land within a radius of 500 feet from the point of intersection of the centerline with any public road or highway, the Planning Commission shall give notice, by registered or certified mail, to the Highway Director. The Commission shall not approve the plat for 120 days from the date the notice is received by the Highway Director. If the Highway Director notifies the Commission that he shall proceed to acquire the land needed, then the Commission shall refuse to approve the plat. If the Highway Director notifies the Commission that acquisition at this time is not in the public interest, or on the expiration of the 120-day period, or any extension thereof agreed on by the Highway Director and the property owner, the Commission shall, if the plat is in conformance with all provisions of these regulations, approve the plat.
(Ord. 81-56. Passed 12-28-81.)

1177.07 PLANNING COMMISSION ACTION.

   (a)   The Planning Commission shall take action within thirty days after submission for approval. If action cannot be taken within the thirty-day period, the Commission may obtain from the applicant an agreement for additional time. If the applicant will not agree to the time extension or if the Planning Commission rejects the plat or needs more information, then the application should be denied within the thirty-day period stating the inadequacies of the plat and advising that the applicant can refile at a later date.
(Ord. 81-56. Passed 12-28-81.)
   (b)   Approval of the subdivision may be given in one of the following two ways.
      (1)   Final approval. The Planning Commission may give final approval provided that a construction agreement and performance bond acceptable to the Village Law Director, Village Engineer and Council have been provided for the purpose of assuring installation of the improvements. The amount of the performance guarantee shall be sufficient to cover the cost of all improvements based on the approved detailed engineering plans at prevailing wage rates as indicated by an estimate made and signed by a professional engineer, and reviewed and approved by the Village Engineer. On receipt of the Village Engineer's determination that all requirements of these regulations have been met, the Planning Commission shall give final approval and shall indicate the approval and date on the tracing of the final subdivision plat. The plat shall be recorded in the office of the County Recorder no later than one year after approval unless there is an extension agreed on between the Planning Commission and the subdivider. Failure to record the plat and begin installation of the approved improvements within twelve months of the plat approval date voids Planning Commission approval.
      (2)   Conditional approval. The Planning Commission may give conditional approval without the subdivider providing a construction agreement and performance bond. When all required improvements have been installed by the subdivider, inspected by the Village Engineer and certified as satisfactory to the Planning Commission, the Planning Commission shall indicate their approval and the date on the tracing of the final subdivision plat. Following Council approval, the plat shall be immediately recorded.
   (c)   After the subdivider has obtained approval, as indicated in this section, and has installed all required improvements to the satisfaction of the Village Engineer, the Village Engineer shall certify that the improvements have been satisfactorily installed in compliance with the approved plans. (Ord. 1991-35. Passed 5-20-91.)

1177.08 EXCEPTION FOR MINOR SUBDIVISIONS.

   (a)    Plat approval of a minor subdivision is not required if the proposed subdivision of a parcel of land meets all of the following conditions.
      (1)    The proposed subdivision is located along an existing public dedicated street or road and does not involve the opening, widening, or extension of any street or road.
      (2)    The proposed subdivision involves no more than five lots after the original tract has been completely subdivided. “Completely subdivided” as used in this section means a tract which is divided into as many lots as the subdivider intends for the tract.
      (3)    The proposed subdivision is not contrary to applicable zoning or subdivision regulations.
      (4)    The further division of an original tract which has been previously divided into five lots requires the replatting of the original tract.
      (5)    The design standards in Sections 1179.01, 1179.02 and 1179.11 are to be met even though plat approval is not required when a minor subdivision meets the conditions of subsection (a)(1) through (4) hereof.
   (b)    Any person proposing to create a subdivision which meets all the foregoing conditions shall submit the following information to the Tax Map Department of the County Engineer's office for approval without plat.
(1)    The conveyance documents, all copies thereof, together with two copies of a survey drawing and legal description of the parcel or parcels involved, prepared by a registered surveyor. The survey shall indicate the following:
         A.   The location of the proposed subdivision: tract, boundaries, township, section number, north arrow, and scale (one inch equals 100 feet).
         B.   The location of all existing streets on or abutting the parcel to be subdivided.
         C.   Lot lines with width and depth dimensions in feet.
         D.   The location and dimensions of all portions of the original tract not subdivided into lots.
         E.   Recording date, name of recorded owners of the parcel to be subdivided, and certification and seal of the registered surveyor to the effect that the survey made by him balances and closes and that all dimensions and geodetic details are accurate and correct.
      (2)    Affidavit of compliance provided by the approving authority.
   (c)    After the Tax Map Department of the County Engineer's office is satisfied that the proposed subdivision is not contrary to subsection (a) hereof, the subdivision shall be approved on presentation of an instrument of conveyance of the parcel or parcels and the instrument shall be stamped “Approved: No Plat Required”. In the event the approving authority is not satisfied that the proposed subdivision complies with these regulations, the person composing the subdivision shall submit the above information to the Chairman of the Planning Commission. The Planning Commission shall, within thirty days after submission of the information required in subsections (a) and (b) hereof, review the information. If the proposed subdivision is in accordance with these regulations, as are specifically applicable, the Commission shall approve the subdivision as a minor subdivision and on presentation of an instrument of conveyance for the parcel or parcels, shall stamp thereon, “Approved by the Village Planning Commission; No Plat Required” and have it signed by its Clerk, Secretary or other official as may be designated by it. In its consideration of the proposed subdivision, the Planning Commission may require any other information as is pertinent to its determination hereunder.
   (d)    Sample affidavit of compliance.
STATE OF OHIO          ;
               ; SS
COUNTY OF RICHLAND       ;
VILLAGE OF LEXINGTON   ;
AFFIDAVIT OF COMPLIANCE
   Before me, a Notary Public in and for said County and State, personally appeared who being first duly sworn on oath (or affirm under penalty of perjury) deposes and says that:
      1.    Affiant is the owner of land proposed to be subdivided in accordance with the survey attached hereto, marked “Exhibit A”.
      2.    The proposed subdivision is of land located along an existing public street and does not involve the opening, widening, or extension of any street or road.
      3.    The parcel being divided will be divided into no more than five (5) parcels when the original tract is completely subdivided.
      4.    The proposed subdivision is not contrary to applicable platting, subdividing or zoning regulations and conforms in all respects to the Village of Lexington, Richland County, Ohio, Subdivision Rules and Regulations and the provisions thereof applicable to “
      5.    The provisions of Sections 1179.01, 1179.02 and 1179.11 have been met.
                                                                        
                     Subdivider
Sworn to and subscribed before me at Lexington, Ohio this                         day of                                        , 19                 .
                                                                        
                     NOTARY PUBLIC
                     APPROVED FOR
                     VILLAGE OF LEXINGTON
                                                                        
                     ADMINISTRATION DIRECTOR
(Ord. 81-56. Passed 12-28-81.)
                                                                                                                             

1179.01 PURPOSE.

   The provisions of this chapter describe the design principles and standards which a subdivider shall be required to follow in the layout of a subdivision. These principles and standards shall be carried out in compliance with the following: this chapter, other regulations of the State, and the specifications for each of the various improvements as may be required by the Village Engineer and the County Health Department, according to the nature of the improvements.
(Ord. 81-56. Passed 12-28-81.)

1179.02 PLANNING CONSIDERATIONS.

   (a)    Major and minor subdivisions shall be planned to take advantage of the topographic conditions of the land, to economize in the construction of public facilities and services, to reduce the amount of grading, and to minimize the destruction of trees, lakes, water courses, and topsoil.
   (b)    The planned unit development is greatly encouraged. These subdivision regulations may be modified to accomplish the objectives and criteria required for a planned unit development in accordance with the Zoning Code. However, nothing in these regulations shall exempt the developer of a planned unit development from recording a fina1 plat based upon the approved final development plan.
(Ord. 81-56. Passed 12-28-81.)

1179.03 STREETS.

   (a)    Arrangement. The arrangement, character, extent, width, and location of all streets shall conform to the parks and open space plan and the thoroughfare plan of current adoption. The design of the proposed streets shall provide for 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)    Street Classifications.
      (1)    Major arterial thoroughfares shall be planned for the continuation of movement of fast traffic entering or leaving the urban area, or between points of heavy traffic generation and from one section of a community to another. Major arterials should have few intersections with local streets and collector thoroughfares. These thoroughfares should be spaced at least one and one-half miles apart.
      (2)    Minor arterial thoroughfares should interconnect with and augment the major arterial system. Minor arterials should provide for intra-community trips and movement of traffic from heavy traffic generators to major arterial thoroughfares. Minor arterials should contain few intersections with local streets. These thoroughfares should be spaced at least three-fourths mile apart.
      (3)    Collector thoroughfares shall provide a traffic route from local streets to arterial thoroughfares. Collector streets normally contain a relatively large number of intersections with major or minor arterial streets. These streets should be spaced at least one-fourth mile apart.
      (4)    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.
      (5)    Service drives may be required along existing or proposed major or minor arterial streets to provide access to lots along these thoroughfares. Service drives shall be designed to provide a secondary means of access.
   (c)    Street widths and grades. See Table I following this section.
   (d)    Half streets. Half streets shall be prohibited. (Ord. 91-35. Passed 5-20-91.)
   (e)   Cul-de-sacs and dead-end streets.
      (1)   Permanent. Streets designed to be used as cul-de-sacs shall not be longer than 800 feet and shall be provided at the closed end with a turnaround having an outside pavement diameter of at least eighty feet and a street right-of-way line diameter of at least 100 feet. Dead-end streets are not permitted.
      (2)   Temporary. Where streets are extended to the boundary of a particular block or the exterior boundary of a subdivision with the intent to extend them onto the adjacent land in the future, they shall be terminated with a tee-type turnaround located within the right of way. A granular base and asphalt concrete surface shall be provided as directed by the Village Engineer. Temporary dead-end streets extending out not more than one lot depth beyond a street intersection do not require this tee-type turnaround.
         (Ord. 91-35. Passed 5-20-91.)
   (f)   Reserve strips. Reserve strips controlling access shall be prohibited.
(Ord. 81-56. Passed 12-28-81.)
   (g)   Alignment considerations.
      (1)   Proposed streets shall either meet existing cross-street intersections or be offset a minimum of 150 feet.
      (2)   Intersections shall be aligned at ninety degrees whenever possible. No street shall intersect another at less than seventy degrees.
      (3)   Intersection approaches shall be straight for a minimum of 100 feet beyond the centerline of the street being intersected.
      (4)   A tangent of at least 100 feet shall be placed between reverse curves.
      (5)   Intersection approaches shall not exceed a three percent (3%) grade (positive or negative) for a distance of at least 100 feet beyond the centerline of the street being intersected.
         (Ord. 91-35. Passed 5-20-91.)
TABLE I
STREET DESIGN STANDARDS
 
 
Street Classification
Minimu m Right- of-Way (feet)
Minimu m Paveme nt Width (feet)
Maximu m Degree of Curvatur e (Arc Definitio n)
Minimu m Radius of Curvatur e (f) (feet)
Maxim um Percent of Grade
Vertical Visibilit y (feet) (g)
Minimu m Corner Radii (feet) (d)
Major arterial thoroughfare
100 a.
b.
1,910
4.0%
500
b.
Minor arterial thoroughfare
80 a.
b.
1,150
5.0%
300
b.
Collector thoroughfare
60 a.
b.
10º
575
6.0%
250
b.
Local Street (commercial or industrial)
50 a.
30
10º
575
6.0%
250
40
Local residential streets and cul-de-sacs
50 a.
28
20º
290
7.0%c.
200
25
NOTES:
a.    Where a boulevard-type street is proposed, the minimum right-of-way shall be increased by an amount equal to the width of the proposed median.
b.    Requirement will vary with design speed and capacity (To be determined by the Village Engineer).
c.    Maximum may be greater due to topography if in accord with the application of standard engineering practice (To be approved by the Village Engineer).
d.    Right-of-way line of street.
e.    Pavement width dimensions are minimum measured from face to face of curb.
f.    Radius of curvature is measured along centerline of streets.
g.    Dimensions for distance of vertical visibility shall be measured from a point three and one-half feet above the street surface on one side of a vertical curve to a point six inches above the street on the opposite side.

1179.04 EASEMENTS.

   (a)   Utility Easements. Electric, telephone and cable TV lines shall be buried if located at the front of the lots. Easements along side or rear lot lines will normally be centered on the lot line and a minimum of sixteen feet wide. When located adjacent to property not owned by the subdivider, the subdivider will either secure an easement of appropriate width from the abutting property owner or take the entire easement width from the property being subdivided. Where a 50-foot street right-of-way exists and front lot utilities are proposed, a five foot utility easement shall be provided adjacent to the street right-of-way along each side. Where all non-village owned utilities are to be placed on one side of the street, a ten foot utility easement shall be provided on that side only. (Ord. 04-35. Passed 7-6-04.)
   (b)   Drainage Way Easements. Where a subdivision is traversed by a drainage way, a public easement conforming substantially with the lines of the drainage way shall be provided. The easement shall be twenty feet wide or of such further width as necessary to provide at least a ten-foot clear area along both sides of the pipe trench or top of bank for future maintenance access and shall generally follow side and rear lot lines.
   (c)   Sanitary Sewer Easements. A minimum width of twenty feet shall be provided. Where lines are exceptionally deep, additional width shall be provided, i.e., the minimum easement width shall be increased by two feet for every one foot increase in flow line depth below twelve feet.
(Ord. 1991-35. Passed 5-20-91; Ord. 04-35. Passed 7-6-04.)

1179.05 BLOCKS.

   (a)   Block lengths shall not exceed 1800 feet or be less than 300 feet.
   (b)   Pedestrian walkways, with right-of-way, not less than ten feet wide, may be required across blocks where the Planning Commission deems that pedestrian access to schools, playgrounds, parks, open space shopping centers, and other community facilities are necessary. (Ord. 81-56. Passed 12-28-81.)

1179.06 LOTS.

   (a)    The lot size, width, depth, frontage, and the minimum building setback lines shall conform to the existing zoning and Health Department regulations.
   (b)    Corner lots shall have extra width to permit appropriate building setback from and orientation to both streets.
   (c)    The subdivision of land shall provide each lot with access to a public street.
   (d)    Residential lots shall not be laid out so that they have frontage on more than one street except where lots are adjacent to the intersection of two residential streets, or where it is necessary to separate residential streets from major thoroughfares. Where double frontage lots are created adjacent to an expressway or a primary street, a reserve strip twelve feet wide along the street shall be deeded to the Village. The plat shall state that there shall be no right of access across the reserve strip. The Planning Commission may require that a planting screen be provided within the reserve strip.
(Ord. 1991-35. Passed 5-20-91.)
   (e)   No lot depth shall exceed three and one-half times the lot width.
(Ord. 81-56. Passed 12-28-81.)
   (f)   Lot width is the horizontal distance between the side lot lines, measured on the building setback line between the two points where the minimum building front setback line intersects the side lot lines. (Ord. 93-31. Passed 11-15-93.)

1179.07 PUBLIC SITES AND OPEN SPACES.

   (a)   The subdivision design shall provide land areas for public use as provided in Section 1181.14. (Ord. 81-56. Passed 12-28-81.)
   (b)   Open spaces subdivision layout shall be encouraged with ownership and maintenance of the open spaces by a property owner's association.
   (c)   Natural features such as scenic views, water bodies and fine groves of trees shall be given consideration for preservation.
(Ord. 1991-35. Passed 5-20-91.)

1179.08 UTILITIES.

   (a)    Storm Drainage. 
      (1)    The developer of the subdivision shall provide the necessary facilities to assure complete drainage within and adjacent to the property to be subdivided. The developer or his engineer shall submit all drainage calculations prepared in accordance with the U.S. Department of Agriculture Soils Conservation Service TR-55 along with required improvement plans. A ten-year storm frequency shall be used along with suitable runoff factors for the completed developments plus all lands upstream from the subdivider's property.
      (2)    When necessary, outlet ditches, closed storm sewers, or detention or retention facilities of an approved type and size shall be required as part of the construction. If easements or rights-of-way must be obtained by the subdivider for construction of improvements or future maintenance, these rights-of-way or easements shall be shown on the final plat. Two copies of the easement shall be furnished to the Village Engineer.
   (b)    Sanitary Sewers.
      (1)    Sanitary facilities shall be designed and constructed by the subdivider, as required, for the proper disposal of wastes for each lot.
      (2)    If a subdivision can be reasonably served by the extension of an existing public sanitary sewer, as determined by the Village Engineer, the subdivider shall provide a system of sanitary sewer mains and shall provide lateral connections for each lot.
      (3)    If a subdivision cannot be reasonably served by the extension of an existing public sanitary sewer, as determined by the P1anning Commission, then the Commission may permit individual sanitary facilities which may be installed on lots of the size as required by the County Health Department or the State Environmental Protection Agency.
      (4)    Pretreatment of all industrial waste must be as prescribed by the Village and will require approval of the Village for discharge of the effluent into a Village sanitary sewer system.
   (c)    Water Supply.
      (1)    A water system shall be designed and constructed by the subdivider as required for each lot.
      (2)    Where a public water supply is within reasonable distance, as determined by the Village Engineer, the subdivider shall construct a system of water mains, connect it with the public water supply, and provide a connection for each lot.
      (3)    Where public water supply is not available, the subdivider of a subdivision shall provide for individual water wells for each lot, or a community water system to serve the entire community, approved by the State Environmental Protection Agency or the County Health Department.
         (Ord. 81-56. Passed 12-28-81.)
   (d)   The developer shall also comply with all provisions of the Richland County Stormwater Management and Sediment Control Regulations adopted by the Richland County Commissioners on July 25, 2000.
(Ord. 00-61. Passed 12-4-00.)

1179.09 FLOOD PLAIN.

   If any portion of the land within a proposed subdivision may be subject to inundation or flood hazard by storm water, this fact and that portion shall be clearly indicated on the subdivision plat. Land subject to flooding shall not be platted for residential occupancy or for other uses which may increase danger to health, life, or property, or which may aggravate the flood hazard. Any land which appears on the Village Flood Hazard Boundary Map shall be shown and designated as such on the proposed subdivision of that land.
(Ord. 8l-56. Passed 12-28-81.)

1179.10 STREET TREES.

   Street trees which are to be planted in the public right of way between the sidewalk and the the curb may be planted only in conformance with the Municipal Street Tree Ordinance which regulates species, variety, spacing and location of street trees.
   No trees, shrubs or any other obstruction to clear vision shall be permitted within the triangular area at the intersection of any street right-of-way lines formed by drawing a straight line between the right-of-way lines at a distance along each line twenty-five feet from the point of intersection. (Ord. 93-31. Passed 11-15-93.)

1179.11 MINOR SUBDIVISION DESIGN STANDARDS.

   (a)    Lots.
      (1)    The lot size, width, depth, frontage, and the minimum building setback lines shall conform to the existing zoning regulations.
      (2)    No lot depth shall exceed three and one-half times the lot width.
   (b)    Storm Sewers. 
      (1)    If the minor subdivision is in an area where a public storm water system is not available, the subdivider shall do any grading and provide any drainage structures as may be required by the Village Engineer.
      (2)    Where a storm drainage system is reasonably accessible, as determined by the Village Engineer, the subdivider shall extend and connect with the storm drainage system and shall do any grading and provide any drainage structures as may be required by the Village Engineer.
   (c)    Water Supply and Sanitary Sewers. Where public water supply and sanitary sewer facilities are not available, the subdivider of a minor subdivision shall determine that individual water wells and sanitary sewer disposal facilities can be constructed for each lot in the subdivision as required by the County Health Department, the Village, or agency having jurisdiction in accordance with state law.
(Ord. 81-56. Passed 12-28-81.)
   (d)   The owner of any part of the land subdivided under this provision shall comply with all provisions of the Richland County Stormwater Management and Sediment Control Regulations adopted by the Richland County Commissioners on July 25, 2000.
(Ord. 00-61. Passed 12-4-00.)

1179.12 WETLANDS.

   When a subdivision contains area which could be determined to be a wetland based on soil type(s), vegetation and/or standing water, the subdivider shall provide written documentation from the U.S. Army Corps of Engineers indicating the existence and extent of any wetland areas along with any mitigation required to allow development.
(Ord. 93-31. Passed 11-15-93.)
                                                                                                                            

1181.01 REQUIREMENT.

   The improvements which are required by this subchapter shall be designed, furnished, and installed by the subdivider in accordance with the provisions of these regulations and other regulations of the State and Village. The required improvements shall be approved prior to approval of a subdivision plat. The subdivider shall provide and install within the proposed survey or subdivision, the minimum improvements set forth herein.
(Ord. 81-56. Passed 12-28-81.)

1181.02 MONUMENTS, MARKERS, OFF-STREET GRADING.

   (a)    Monuments shall be placed on all block corners, angle points, and points of curves in streets, street intersections, and lot corners. The monuments shall be of ferrous metal, 3/4 inch in diameter and shall be at least 30 inches long.
   (b)   Where the land in lots adjoining a street is lower than the gutter level in the street, the land shall be filled to a level which will provide for drainage of storm water into the gutters, unless an alternate drainage system for lots has been approved. In the filling, care should be taken to preserve existing trees which have permanent value.
(Ord. 81-56. Passed 12-28-81.)
   (c)   Erosion and sedimentation control. Measures appropriate for control of erosion and sedimentation shall be incorporated into the improvement plans and executed during construction. The following general guidelines are provided for these purposes.
      (1)   Disturb only the areas needed for construction. Phase construction as necessary to limit the total amount of disturbed area exposed at any one time.
      (2)   Remove only those trees, shrubs and grasses that must be removed for construction; protect the rest to preserve their aesthetic and erosion-control values.
      (3)   Stockpile topsoil and protect it with anchored straw mulch.
      (4)   Install sediment basins, diversion dikes and silt fences before disturbing the land that drains into them.
      (5)   Install streets, curbs, water mains, electric and telephone cables, storm drains and sewers in advance of home construction.
      (6)   Install erosion- and sediment-control facilities. These facilities shall be maintained in effective working condition during construction and until the drainage area has been permanently stabilized.
      (7)   Temporarily stabilize each segment of graded or otherwise disturbed land, including the sediment-control devices not otherwise stabilized, by seeding and mulching or by mulching alone. As construction is completed, permanently stabilize each segment with perennial vegetation and structural measures.
      (8)   "Loose-pile" material that is excavated for construction purposes. Keep it "loose-piled" until it is used for foundation backfill or until the lot is ready for final grading and permanent vegetation.
      (9)   Stabilize commercial and industrial sites as soon as possible after starting construction. Stabilize residential sites within four months after starting construction. Backfill, compact, seed and mulch utility trenches within fifteen days after opening. Stabilize street right-of-way behind curbs within thirty days after curbs are placed. Stabilize all disturbed areas except those limited areas to be actively worked during the winter months before the end of the construction season.
      (10)   Level diversion dikes, sediment basins and silt traps after areas that drain into them are stabilized. Establish permanent vegetation on these areas. Sediment basins to be retained for storm-water detention shall be seeded to permanent vegetation as soon as possible after they are built.
      (11)   Discharge water from outlet structures at nonerosive velocities.
      (12)   Design and retain debris basins as detention reservoirs so that peak runoff from the development area is no greater than that before the development was established.
         (Ord. 91-35. Passed 5-20-91.)

1181.03 CROSS SECTIONS AND CENTERLINE PROFILES.

   The subdivider shall show the cross sections and centerline profile of all pavements and intersections, and a profile at the stub end for future extensions of pavement and drainage.
(Ord. 91-35. Passed 5-20-91.)

1181.04 STREETS AND ROADS.

   (a)   Clearing and Preparation of Right-Of-Way. All work for the clearing and preparation of the right-of-way shall conform to current ODOT Construction and Material Specifications. The right of way shall be cleared and graded to its full width. Water, sanitary sewer and storm sewer utilities shall be installed before street paving is placed. Other underground utilities (natural gas, electric, telephone, cable television) shall also be installed before street paving is placed except where the timing of the adjacent private property development makes the installation not economically feasible. In these cases, the installation of both distribution and services lines may be delayed; however, distribution systems shall be planned and, where possible, under pavement segments (capped piped, conduit) installed before paving is placed. Distribution systems outside of pavement and service lines (under or outside of pavement) may be installed as development occurs. Service line shall be installed under pavement by jacking, boring or other approved method which does not disturb the pavement. Any pavement damage including delayed settlement shall be repaired by the owning utility at no cost to the Municipality.
(Ord. 93-31. Passed 11-15-93.)
   (b)   Paving.
      (1)   Major and minor arterial and collector thoroughfares. Where subdivider constructs these streets, the requirements of the Village Engineer shall apply.
      (2)   Commercial or industrial streets. The minimum pavement width shall be thirty feet (curb face to curb face). Curbs are required. Pavement design shall be based on a twenty-year life and the subgrade strength from representative soil samples. As a minimum, pavement construction shall be as follows:
         A.   Reinforced Portland cement concrete, ODOT 451, minimum thickness six inches; or plain Portland cement concrete, ODOT 452, minimum thickness seven inches.
         B.   Asphalt concrete.
            1.   The equivalent of ten inches of ODOT Item 304 aggregate (limestone) placed and compacted in two five-inch courses, prime coat of 0.35 gallon per square yard of ODOT Item 408 and three inches of ODOT 448 asphalt concrete placed and compacted in two courses (normally, 1-3/4 inches of Type II and 1-1/4 inches of Type I), traffic volume designation as determined by the Village Engineer. All of the above thicknesses are complete, compacted in-place measurements. Limestone shall be used as the coarse aggregate in the wear course.
            2.   Seven inches of ODOT Item 301 bituminous aggregate base placed and compacted in two equal depth courses and two inches of ODOT Item 448 Type I asphalt concrete, traffic volume designation as determined by the Village Engineer. All of the above thicknesses are complete, compacted in-place measurements. Limestone shall be used as the coarse aggregate in the wear course.
      (3)   Local streets and cul-de-sacs (public). Minimum pavement width shall be twenty-eight feet (curb face to curb face). Curbs are required. Pavement design shall be based on a twenty-year life and the subgrade strength from representative soil samples. As a minimum, pavement construction shall be as follows.
         A.   Portland cement concrete, ODOT 452, six inches minimum thickness.
         B.   Asphalt concrete.
            1.   The equivalent of eight inches of ODOT Item 304 aggregate (limestone) placed and compacted in two, four-inch courses, prime coat of 0.35 gallon per square yard of ODOT Item 408 and three inches of ODOT Item 448 asphalt concrete placed and compacted in two courses (normally 1-3/4 inches of Type II and 1-1/4 inches of Type I), traffic volume designation as determined by the Village Engineer. All of the above thicknesses are complete, compacted in-place measurements. Limestone shall be used as the coarse aggregate in the wear course.
            2.   Six inches of ODOT Item 301 bituminous aggregate base placed and compacted in two equal depth courses and two inches of ODOT Item 448 Type I asphalt concrete, traffic volume designation as determined by the Village Engineer. All of the above thicknesses are complete, compacted in-place measurements. Limestone shall be used as the coarse aggregate in the wear course.
      (4)   Local streets and cul-de-sacs (private). Private streets shall conform to public street standards except for private streets in estate developments or planned unit developments which shall conform to the following: minimum right-of-way width shall be fifty feet; minimum roadway width shall be eighteen feet plus parking or turn lanes if required. Pavement design shall be any one of the following.
         A.   Eight inches of aggregate base (ODOT 304) with a bituminous prime coat of 0.35 gallon per square yard (ODOT 408) and double seal coat (ODOT 409). Aggregate base is complete compacted in-place thicknesses.
         B.   Five inches of ODOT Item 301 bituminous aggregate base placed and compacted in two equal depth courses and 1-1/2 inches of ODOT Item 448 Type I asphalt concrete, traffic volume designation as determined by the Village Engineer. All of the above thicknesses are complete, compacted in-place measurements.
   (c)   Pavement Crown. All street pavements shall be sloped at the rate of 3/16 inch per foot from the centerline to the edge of pavement.
   (d)   Underdrains. If it is determined by the Village Engineer through inspection and soil analysis that pavement underdrains are necessary to provide adequate subgrade drainage, he shall notify the developer prior to preparation of the pavement subgrade. Six-inch diameter pipe underdrains installed three feet below subgrade shall be installed where determined necessary by the Village Engineer.
   (e)   Guard Rail, Seeding and Other Special Conditions. The necessity of guard rail, seeding, type of backfill, or other special conditions, shall be determined with the assistance of the Village Engineer before the completion of construction plans.
(Ord. 81-56. Passed 12-28-81; Ord. 88-5. Passed 3-7-88; Ord. 91-35. Passed 5-20-91; Ord. 93-31. Passed 11-15-93.)

1181.05 BRIDGES AND CULVERTS.

   (a)   Bridges and culverts shall be designed to carry expected vehicular loads as per specification of the State Department of Transportation. Bridges shall be constructed to the full width of the pavement and culverts shall be constructed to the full width of the right-of-way or further as required by the Village Engineer.
   (b)   Culverts, in general, shall be designed in accordance with State Department of Transportation Location and Design Manual criteria. Culvert alignment should follow that of the natural channel and thereby preclude the need for major channel changes to reduce turbulent and erosive conditions. Exceptions to the design criteria include:
      (1)   Culverts can be made of corrugated metal pipe, reinforced concrete pipe, or high density polyethylene pipe (with or without smooth interior). Corrugated metal pipe may not be used under pavements or sidewalks.
      (2)   The most recent Lane Use Development Plan shall be used in conjunction with topographic information in determining upstream drainage areas and the associated storm runoff.
      (3)   Culverts shall normally be designed for a twenty-five-year storm frequency. Final determination of the culvert size shall be made by the Village after review of documentation provided by the developer.
      (4)   Minimum culvert size shall be 12 inches.
      (5)   The design discharge ("Q") shall be computed using the USDA SCS TR-55 method.
   (c)   Bridges in general shall be designed in accordance with State Department of Transportation Bridge Design Manual criteria. Exceptions to the design criteria include:
      (1)   The most recent Land Use Development Plan shall be used in conjunction with topographic information in determining upstream drainage areas and the associated runoff.
      (2)   The design flood frequency shall normally be for a five-year storm event. (Ord. 81-56. Passed 12-28-81; Ord. 88-5. Passed 3-7-88; Ord. 91-35. Passed 5-20-91.)

1181.06 CURBS.

   (a)   Curbs shall be provided on all streets except in estate developments, planned unit developments or where waived by the Village. ODOT Item 609 Types 2-A or 2-B integral curbs may be constructed with concrete pavements. Curbs shall be plain Portland cement concrete ODOT 609 Type 6 modified for all asphalt concrete pavements. The joint between the pavement and curb shall be primed and sealed with liquid asphalt cement.
                                    
   (b)   Curbs shall conform to the following requirements.
      (1)   Minimum curb height shall be six inches (front).
      (2)   Minimum curb width shall be six inches.
      (3)   All curbs at right angle intersections shall have a minimum radius of twenty-five feet measured to the back of the curb, except for arterial, collector and commercial/industrial streets which shall have a radius specified by the Village Engineer. At intersections other than ninety degrees, the radius shall be as specified by the Village Engineer.
      (4)   Curb ramps shall be constructed at each street intersection and pedestrian crosswalk. Curb ramps shall have a nonslip surface and design shall be ODOT Standard Construction Drawing BP-7.1
   (c)   Downspout drains shall not outlet through curbs except with prior approval of the Village.
   (d)   Curb cuts shall be either saw-cut, broken out and replaced within twenty-four hours or saw-cut in-place with a horizontal saw. (Ord. 00-43. Passed 10-2-00.)

1181.07 DRIVEWAY APRON TO RIGHT-OF-WAY LINE.

   (a)   Any new driveway, or any driveway replaced after the effective date of this subsection shall be constructed and maintained in accordance with this Zoning Code and other applicable regulations found in Section 1181.07. Before any new driveway is constructed, or an existing driveway is removed and replaced, a driveway permit shall be obtained from the Village. All driveways shall be graded to provide for proper drainage and shall be constructed with a hard surface consisting of asphalt, Portland concrete cement, paving bricks, or decorative paving stones.
   The following maximum width requirements shall apply:
               
 
Maximum Width
at Widest Point
Maximum Width at Right-of-Way
Maximum Opening
at Curb
One-Car Garage
17 feet
10 feet
16 feet
Two Car Garage
27 feet
20 feet
26 feet
Three Car Garage
30 feet
24 feet
30 feet
Four Car Garage
36 feet
28 feet
34 feet
      
   In all cases, the maximum percentage of lot width at the minimum building setback line shall be thirty-five percent (35%). (Ord. 2004-70. Passed 12-20-04.)
   (b)   All new drive aprons shall be constructed of plain Portland concrete cement, six bag mix (Min. 3500#psi) six inches thick. Existing asphalt drive aprons that are replaced shall be either Portland concrete cement or asphalt. Asphalt aprons shall be constructed of five inches bituminous aggregate base (ODOT 301) with one and one-half inches of asphalt concrete surface course (ODOT 404) or eight inches of crushed limestone aggregate base (ODOT 304) and two inches of asphalt concrete surface course (ODOT 404).
   (c)   Where the apron meets the street, there shall be a one and one-half inch lip from the top of the gutter plate to the top surface of the drive apron. If there is no gutter plate (i.e. ODOT type 6 curb) there shall be a one and one-half inch lip from the top of the street pavement to the top surface of the apron.
   (d)   Curb cuts for drives that were not provided during the original construction of the curb shall be made by cutting of the curb within a horizontal concrete saw and removal of sawed material. No jack hammering of curb cuts will be allowed unless the entire gutter plate is to be removed between existing joints and a new drop-curb section will be constructed.
(Ord. 00-43. Passed 10-2-00.)

1181.08 SIDEWALKS.

   Sidewalks shall be provided on both sides of every residential street except in estate development or planned unit developments. On commercial or industrial streets, this requirement may be waived by the Village Council. Sidewalks shall be placed at least five feet from the face of the curb with the outside edge no closer than one foot inside the right-of-way.
   (a)   Minimum width shall be four feet.
   (b)   Minimum thickness shall be four inches.
   (c)   Minimum thickness of drives shall be six inches.
   (d)   Material shall be plain Portland cement concrete (ODOT 608).
   (e)   Minimum transverse slope shall be 1/4-inch per foot.
(Ord. 81-56. Passed 12-28-81; Ord. 91-35. Passed 5-20-91.)

1181.09 STREET NAME SIGNS.

   Street name signs shall be installed at all intersections.
   (a)   Minimum size of signs shall be six inches high and 18 inches long.
   (b)   Minimum height above ground shall be eight feet.
   (c)   Sign plates shall conform to the standards of the Village.
   (d)   Sign posts shall be round posts, two inches in diameter and eleven feet long, and shall conform to the standards of the Village.
   (e)   Signs and posts are available through the Village Street Department on a cost basis.
(Ord. 81-56. Passed 12-28-81; Ord. 91-35. Passed 5-20-91.)

1181.10 ELECTRIC LINES; GAS MAINS; STREET LIGHTING.

   (a)   All electric current conductors shall be installed as per Section 1179.04 and as per utility company specifications. Above ground pads for transformers will be permitted.
   (b)   Gas mains, where proposed, shall be installed in the green belt between the sidewalk and curb with a minimum of 30 inches of cover. Service lines shall be installed with a minimum of 18 inches cover as per utility company specifications.
(Ord. 81-56, passed 12-28-81)
   (c)   Street lights shall be provided at each intersection, located in the curb lawn between the curb and sidewalk, and a post light shall also be installed on each lot, located within eight (8) feet from the back edge of the walk to provide adequate pedestrian lighting. If post lights are not provided, then streetlights shall be installed along each street at a spacing determined by the Village Engineer. Such lights shall be photocell controlled.
   (d)   Streetlights shall be a decorative post lamp style, Hadco model VS60HB5N1120 120 volt-250 watt high-pressure sodium lamp on a Hadco P1400x14 post or approved equal. All wiring necessary to provide power to the street lights shall be enclosed in conduit and buried at a depth of 18" or greater.
(Ord. 02-08. Passed 3-18-02.)

1181.11 WATER SUPPLY.

   (a)   A water supply system shall be designed and constructed in accordance with the requirements of the village and the State Environmental Protection Agency. Service lines will be required of the developer only where later installation would require removal of the pavement.
   (b)   The following minimum standards and specifications shall apply for the design of a water system.
      (1)   Pipes.
         A.   Main size shall be six inches minimum with the exact sizing based on pressure-volume calculations provided by the subdivider as approved by the Village. Generally, Insurance Services Office (ISO) recommended fire flow criteria shall dictate the minimum line size. (Ord. 93-31. Passed 11-15-93.)
         B.   Pipe materials shall be as follows:
            1.   Ductile iron pipe shall be cement lined design in accordance with ANSI/AWWA C150 and manufactured in accordance with ANSI/AWWA A21.51/C151. Minimum pipe class shall be Class 52. Pipe shall be push-on joint type.
               (Ord. 93-31. Passed 11-15-93.)
            2.   Polyvinyl Chloride (PVC) pipe shall be in accordance with ANSI/AWWA C-900 latest revision. Minimum dimension ratio shall be DR 18. Joints shall be push-on type with elastomeric gasket.
      (2)   Fittings and joints. Fittings shall conform to ANSI/AWWA A21.53/C153 latest revision. Joints shall conform with ANSI/AWWA A21.11/C111 latest revision for mechanical joints. Thrust blocking or mechanically restrained joints shall be required per good engineering practice.
      (3)   Trenches and installation. Trenches for waterlines shall be excavated and backfilled in conformance with ODOT 603 for Type B conduits. Ductile iron pipe shall be bedded on fine aggregate six inches in depth and the bedding shall extend up around the pipe not less than thirty percent (30%) of the pipe outside diameter. The bedding shall be shaped to fit the outside diameter of the pipe for at least ten percent (10%) of the outside diameter and recesses shall be formed to fit the bell ends. PVC pipe shall be totally encased in a minimum thickness of six inches of fine aggregate. Tracing tape shall be placed directly on top of the bedding over the full length of all PVC lines.
The granular bedding shall be compacted per ODOT Item 603.04 for Type B conduits. Trenches under or within five feet of pavements or sidewalks shall be backfilled with ODOT 310 granular material compacted in place. One year of natural settlement may be accepted in lieu of granular material if soil conditions appear suitable (subject to approval by the Village). There shall be a minimum cover of four feet over water lines at all locations plus eighteen inches vertical and ten feet horizontal separation from any sanitary sewer line.
      (4)   Valves. Gate valves shall be Mueller Resilient Seat meeting ANSI/AWWA C509 or approved equal. Valves twelve inches and larger shall be the butterfly type. Valves shall open counter-clockwise and have a two-inch square operating nut. Valve boxes shall be three-piece, 5-1/4 inch screw adjusting type cast iron. Valve boxes installed in asphalt pavement shall be set in a minimum twelve inch wide concrete collar with a thickness equal to the pavement section and finished one quarter inch below the pavement surface. Seal concrete/asphalt interface with liquid asphalt cement. Valves shall be installed at street intersections as required for isolation. Automatic air release/vacuum breaker valves shall be provided as required by sound engineering practices.
      (5)   Fire hydrants. Fire hydrants shall be required at 300 foot intervals in business and industrial areas and 500 foot intervals in residential areas. Hydrants shall meet AWWA C502 (Mueller Type A-423 or approved equal) having a one inch square operating nut, a 5-1/4 inch valve opening counter-clockwise and two 2-1/2 inch and one 4-1/2 inch National Standard hose thread connections.
      (6)   Service lines.
         A.   Service lines shall be 3/4-inch Type K soft copper or 200 pounds per square inch rated polyethylene pipe Union, where required, shall be three part (Mueller H-15400 or approved equal). Polyethylene pipe shall meet AWWA C-901.
         B.   Service lines shall have a 3/4-inch corporation stop (Mueller H-15000 or approved equal) at the main and a 3/4-inch stop (Mueller H-15154 or approved equal) and cast iron curb box (Mueller H-10300 or approved equal) at the right of way.
            (Ord. 93-31. Passed 11-15-93.)
         C.   Minimum final cover for water service lines shall be four feet.
         D.   Where service lines larger than 3/4-inch are required, components of equal quality to the above material shall be required.
         E.   Where service line taps are made on an existing mainline, the requirements of the Water Department bylaws shall be complied with.
         F.   The Village furnishes all labor and material other than granular backfill for three/fourths inch and one inch service lines within the public right of way.
      (7)   Dead end lines. Dead end lines are to be avoided. Where they cannot be practically eliminated, a suitable flushing hydrant shall be installed at the end of the line. A fire hydrant may be used for this purpose. Where a temporary dead end occurs which will be eliminated by the future extension of the line into adjacent, unplatted property currently owned by the subdivider, a flushing hydrant need not be provided unless service(s) are connected to the dead end section of the line.
      (8)   All waterlines shall be hydrostatically tested in accordance with ANSI/AWWA C600.
      (9)   All waterlines shall be disinfected in accordance with ANSI/AWWA C651 and shall pass bacteriological tests before being placed in service. Bacteriological testing will be performed by the Village Water Department using taps provided by the subdivider for this purpose.

1181.12 STORM SEWERS.

   (a)   A complete storm sewer system and other drainage improvements shall be constructed in accordance with these standards. Where downstream storm drainage facilities are inadequate, consideration shall be given to detention basins, oversized storm sewers or other techniques to minimize the amount of runoff developed and to provide a means of controlling the discharge to off-site outlets.
   (b)   A ten-year storm frequency shall be used in the design of all storm sewers and ditches, and a twenty-five-year storm frequency shall be used in the design of major facilities such as culverts and detention facilities.
   (c)   Pipes shall conform to the following standards:
      (1)   Minimum size shall be 12 inches.
      (2)   Minimum cover shall be two feet.
      (3)   Minimum grade for smooth pipe shall be as per Table 1 in Appendix C of this chapter.
      (4)   Materials shall consist of reinforced concrete, smooth interior high density polyethylene, corrugated aluminum, aluminized steel or galvanized steel or PVC.
   No open ditches will be permitted where flow requiring a pipe of 36" in diameter or less would be required. A swale shall be placed above the pipe to handle any overflow from storm of ten year or greater frequency.
   (d)   Storm sewers installed under or within five feet of pavements and sidewalks shall be reinforced concrete or high density polyethylene installed per ODOT 603. One year of natural settlement may be accepted in lieu of granular material compacted in place if soil conditions appear to be suitable (subject to Village approval).
   (e)   Storm sewer manholes, or inlets serving as manholes, shall be spaced at intervals of 400 feet or less for pipe less than twenty-four inches, and at all grade, alignment and pipe size changes. Manholes shall conform to ODOT 604 and be designed per ODOT Standards Construction Drawing MH-3. Layed up manholes may be permitted providing they are specified at the time of improvement plan submission, constructed in accordance with ODOT Standard Construction Drawing MH-1 and are plastered with cement mortar both inside and out to ensure water tightness. Manhole castings located in asphalt pavement shall be set in a minimum twelve inch wide concrete collar with a thickness equal to the pavement section and finished one quarter inch below the pavement surface. Seal the concrete/asphalt interface with liquid asphalt cement.
   (f)   Storm sewer inlets shall be designed and constructed in conformance with ODOT Item 604 and ODOT Standard Construction Drawings for CB 2-2-A and B; CB 2-3 and 2-4; CB 2-5 and 2-6; and CB-3 and 3A. Inlet CB-3 or CB-3A shall be used with curbing wherever possible and shall be fitted with vee type grates. Inlets shall be designed to accept not less than one and one-half cubic feet of stormwater per second. Inlet time shall be computed based upon Table 2 in Appendix C. Layed up catch basins may be permitted providing they are specified at the time of improvement plan submission, constructed in accordance with the time appropriate ODOT Standard Construction Drawing and are plastered with cement mortar both inside and out to ensure water tightness. When inlets are located in asphalt pavement, seal the concrete/asphalt interface with liquid asphalt cement.
   (g)   The allowable velocity in open drainage channels shall not exceed the values shown below for the various soil types and flexible linings. If the calculated velocity exceeds that shown, a gabion lining or other satisfactory treatment shall be required.
ALLOWABLE DITCH VELOCITY (feet per second)
Soil Type
Seed Lining
ODOT 659
 
Sod Lining
ODOT 660       
Jute or Excelsior Matting
ODOT 667 or 669
Sand
1.5
3.5
3.0
Firm loam
2.0
4.0
4.0
Clay
2.5
5.0
4.0
Gravel
3.5
6.0
5.0
Weathering shale
4.5
6.0
5.0
 
(Ord. 81-56. Passed 12-28-81; Ord. 88-5. Passed 3-7-88; Ord. 91-35. Passed 5-20-91; Ord. 93-31. Passed 11-5-93.)
   (h)   The developer shall also comply with all provisions of the Richland County Stormwater Management and Sediment Control Regulations as adopted by the Richland County Commissioners on July 25, 2000.
(Ord. 00-61. Passed 12-4-00.)

1181.13 SANITARY SEWERS.

   (a)   A public or community sanitary sewer system shall be designed and constructed which conforms to the requirements of the Village and the State Environmental Protection Agency. Sanitary sewers in residential developments shall be designed on the basis of 2.7 people per dwelling times the existing/proposed density for the development. Sanitary sewers in areas zoned other than residential shall be designed using good engineering practice and requires approval by the village. If a subdivision is part of a larger drainage area, the sanitary sewer lines shall be designed and constructed to serve the calculated requirements of the entire drainage. (See Appendix C of this chapter for other design criteria.)
   (b)   The following minimum standards and specifications shall apply to the design of a sanitary sewer system.
      (1)   Sewer size, other than service laterals, shall be eight inches diameter minimum.
      (2)   Material shall consist of clay pipe (ASTM C-700 ES) or PVC (ASTM D 3034, SDR 35).
      (3)   Joints shall meet ASTM C-425 for vitrified clay pipe and ASTM D-3212 for PVC pipe.
      (4)   Sewer laterals shall meet the following requirements.
         A.   Minimum size shall be six inches.
         B.   Tap shall be T or Y connection.
         C.   Minimum grade shall be 1/8-inch per foot.
      (5)   Manholes shall meet the following requirements.
         A.   Wall section shall be precast concrete, four-foot minimum diameter (ASTM C-478) with flexible gasket joints (ASTM C443). Manhold base section may be integral or cast-in-place concrete. Manhole castings shall be Neenah R-1540 with self-sealing cover or approved equal. Manhole castings located in asphalt pavement shall be set in a minimum of twelve inch wide concrete collar with a thickness equal to the pavement section and finished one quarter inch below the pavement surface. Seal the concrete/asphalt interface with liquid asphalt cement.
         B.   Steps shall be Neenah R-1980-1 cast iron, equivalent aluminum, or plastic encapsulated 1/2-inch reinforcing bar as approved by the Village. Manhole inlets and outlets shall have a neoprene compound gasket (ASTM C-923), link seals or Kor-n-Seal type boots for water tightness. Mortar joint seals will not be used. The maximum distance between manholes shall be 400 feet. Manholes shall be required at all changes in grade, alignment, and pipe size.
      (6)   Sanitary sewers shall be totally encased in a minimum six inch thickness of fine aggregate compacted per ODOT Item 603.04 for Type B conduits. Sanitary sewers installed under or within five feet of pavements or sidewalks shall be backfilled with ODOT 310 granular material compacted in place. One year of natural settlement may be permitted in lieu of granular material compacted in place if soil conditions appear to be suitable (subject to Village approval).
      (7)   Testing of sanitary sewer lines shall be done by the subdivider. All materials, labor and equipment required for testing shall be furnished by the subdivider or his contractor. Testing procedures are outlined in Section 1181.16.
(Ord. 81-56. Passed 12-28-81; Ord. 88-5. Passed 3-7-88; Ord. 91-35. Passed 5-20-91; Ord. 93-31. Passed 11-15-93.)

1181.14 PUBLIC SITES AND OPEN SPACE.

   (a)   Public building sites.
      (1)   At the preliminary plan stage, the Planning Commission shall notify governmental and public agencies that a subdivision is being proposed. The Planning Commission shall designate a period of 21 days within which these agencies shall determine if land within the subdivision is required for their use as a public building site and to so advise the Planning Commission in writing of the proposed use and the area required. If, within the designated time, the requirement is deemed to exist, the subdivider shall be notified during the preliminary plan stage.
      (2)    If there is no response from an agency within the designated time, then the preliminary plan stage shall continue without further consideration of the sites.
      (3)    If an agency responds with a need for land within the designated time, then the Planning Commission shall forthwith assist with negotiations for the land between the subdivider and the agency in this regard and the sites shall be available to the requesting entity by one of the following methods.
         A.   Statutory dedication without compensation to the subdivider.
         B.   Statutory dedication with reasonable compensation to the subdivider.
         C.   Appropriation by the Village or public agency.
         D.   Reservation by appropriate legal instrument for acquisition of a period of one year after the approval of the preliminary plan. The reservation shall provide for the specific release of the land from these requirements reverting full legal title to the subdivider, or his successors or assigns, if the agency has not obtained a contract to acquire the land or has not filed appropriate proceedings within the one year limitation.
         E.   Any other method arrived at by mutual agreement.
      (4)    Failure of the Planning Commission to notify an agency under subsection (a)(1) hereof shall not create any rights in the body, shall have the same effect as making no response after being notified, and shall not make defective the subsequent subdivision proceedings hereunder.
   (b)    Open Space and Parks.
      (1)    There shall be no requirement of a subdivider to provide parks or other open space except as required or specified in applicable zoning regulations.
      (2)    When the Village desires land within the subdivision for open space or park use, then the governmental agency within the time designated in the notice under subsection (a)(1) hereof shall notify the subdivider through the Planning Commission. The Village shall specify the quantity, description, location, and use (passive or active) of the land so desired and shall designate the public entity that would be responsible for the development and maintenance of the use and the expense thereof. If the Village specifies its desire, then the Planning Commission shall forthwith assist with negotiations for the land between the subdivider and the Village. The land shall be available by one of the following methods.
         A.   Statutory dedication without compensation to the subdivider to the Village to accept the land and to maintain and develop the land.
         B.   Statutory dedication with reasonable compensation to the subdivider to the Village to accept the land and to maintain and develop the land.
         C.   Reservation by appropriate legal instrument for acquisition of a defined area by the Village to accept, develop, and maintain the land for the specific use for a period of one year after the approval of the preliminary plan. This reservation shall provide for the specific release of the land from these requirements reverting legal title to the subdivider, or his successors or assigns if the Village has not obtained a contract to acquire the land or has not filed appropriation proceedings within the one-year limitation.
         D.   Any other method arrived at by mutual agreement, including the reservation or grant of land by private deed or covenants for the use of the property owners within the proposed subdivision with provision being made for the development and maintenance thereof.
      (3)    The Village may encourage open space subdivisions wherein private property owners through the use of a homeowner's association will conserve and maintain open space and recreation areas for the private use of property owners within the subdivision.
      (4)    Failure of the Planning Commission to notify a governmental agency under subsection (b)(2) hereof shall not create any rights in the agency and shall have the same effect as making no response after being notified. It shall not make defective the subsequent subdivision proceedings hereunder.
      (5)    Any reservation of property for a period of one year referred to in subsection (b)(2)C. hereof shall be null and void if the subdivision plat of which it is a part does not receive final approval or is withdrawn before final approval by the subdivider. It is the intent herein not to create a burden on the land if it is not to be subdivided. Any legal instrument creating such a reservation shall so state.
         (Ord. 81-56. Passed 12-28-81.)

1181.15 EXTRA SIZE AND OFF-SITE IMPROVEMENTS.

   (a)    When streets, utilities, storm sewers, or drainage ditches are not available at the boundary of a proposed subdivision, thereby necessitating off-site extensions or improvements of streets, utilities, storm sewers, or drainage ditches and when extra size (greater in size than is required to serve the proposed subdivision) utility lines and streets are required for the proper future growth of an area, the Planning Commission may require as a condition precedent to approval of a preliminary plan and subdivision plat, assurances that these off-site extensions and extra size improvements will be provided in accordance with the provisions of subsections (b) through (f) hereof.
   (b)    Utility extensions from the proposed subdivision shall be installed and constructed in a location and in a manner and size as to make their extension usable in accordance with governmental regulations for servicing adjacent areas and with reference to drainage utilities. The adjacent area shall include the downstream area of the particular drainage district and the uphill drainage and extra size lines as determined by reasonable engineering standards.
   (c)    If the Planning Commission, in conjunction with the Village Council, finds that off- site extensions require crossing undeveloped lands and that a special assessment would not be warranted against the lands until some future time or if a governmental expenditure for this purpose is not then warranted, and if this same condition exists on extra size facilities which will later benefit and enhance other property, then the developer may be required, as a condition to approval, to obtain all necessary easements or rights-of-way. Improvements so constructed shall be dedicated and granted to the public and not maintained under private ownership. All these improvements shall be available for connections by developers of adjoining lands.
   (d)    To provide for reimbursement to the developer for costs of the installation of off- site extensions and extra size facilities (the costs to include construction costs, all engineering costs properly allocated thereto, all costs for legal services allocated thereto, and any other costs necessary and proper in determining the entire cost of the improvement), contractual arrangements shall be made between the Village Council and the developer, approved by the Village Engineer, setting forth the total amount of reimbursement, together with the pro-rata usage reimbursement plan including the nature and method of determining the amount of the reimbursement and the time or times at which the reimbursement shall occur. The contractual arrangements shall be accomplished and completed prior to the improvements being started. It is the intent to secure reimbursement to the developer at the time or times as connections to the off-site improvements are made and extra size facilities are used by developers of adjoining or benefitting lands. As future development occurs on adjoining or benefitting lands, the original developer shall be reimbursed in accordance with the contractual arrangements referred to above and each successive developer shall exhibit to the Planning Commission a receipt showing reimbursement prior to final subdivision approval relating to the adjoining or benefitting lands.
   (e)    The Village Council may construct and pay for the off-site extensions and extra size facilities and assess the costs to the owners benefitted and require a deposit from the developer as described in Sections 1181.16 and 1181.17. The Village Council may establish a rotary fund to pay for the development costs and not collect the assessment on the intervening land until it is developed.
   (f)    In making determinations for pro-rating costs for the construction of off-site extensions or extra size improvements, the Planning Commission shall consider, in addition to the standard set forth in this section and other regulations of State, or Village, the following conditions.
      (1)    The relative location and size of the proposed subdivision.
      (2)    The traffic estimated to be generated by the development in relation to present streets.
      (3)   The natural drainage area for sewers and service area for water.
      (4)   The devlopment benefits that will accrue to the subdivision.
      (5)   The sequence of land and utility developments in the vicinity.
      (6)   Any other conditions it may deem necessary.
(Ord. 81-56. Passed 12-28-81.)

1181.16 CONSTRUCTION REQUIREMENTS.

   (a)   Materials submittals and testing requirements.
      (1)   The developer shall submit product data for all material proposed for use along with notarized certification by the supplier that the material meets or exceeds the appropriate specification. These submittals shall be furnished to the Village in four copies a minimum of fifteen days prior to the date the material is to be incorporated into the work. The Village will review the submittals and advise the developer of their acceptability in writing. Incorporation of material into the work prior to receiving Village approval shall be cause for its removal and replacement with approved material at the sole expense of the developer should the initially proposed material be disapproved.
      (2)   Additional requirements for specific materials are as follows.
         A.   Embankment, subgrade, subbase and base materials. The developer shall provide supplier furnished gradation data and certification that the material meets the appropriate specification. The developer also secures the services of an independent testing laboratory to obtain representative material samples, determine standard proctor data, field check placement/compaction to ensure specified density is obtained and furnish the Village with appropriate reports of these tests.
         B.   Asphalt concrete. Asphalt concrete pavement shall only be placed between April 15 and October 15 unless written approval is secured from the Village for other dates. The developer shall provide the supplier furnished Job Mix Formula (JMF) along with the certification noted above. The developer shall also secure the services of an independent testing laboratory to review the JMF and furnish written results of this review to the Village a minimum of ten days before the material is to be placed. The developer's testing laboratory shall also provide monitoring of the suppliers plant site quality control during production, job site sampling of the mix as placed (for pay purposes) and laboratory testing of the samples. The laboratory shall than provide a report of their activities along with their recommendation of the pay factor to the Village. For sampling purposes, the lot size shall be one days production and placement of each material.
         C.   Portland cement concrete pavement. The developer shall provide supplier furnished mix design, test results and certification that the material complies with specification. The developer also secures the services of an independent testing laboratory to review the mix design, provide monitoring of the supplier's quality control during production, monitor the placement including concrete temperature, entrained air and slump, cast and test specimen beams (minimum of two per each days placement), core for determination of pavement thickness (for pay purposes) and calculate the pay factor. The laboratory shall then provide a report of their activities and test results along with their recommendation of the pay factor to the Village.
   (b)   Construction improvements inspection.
      (1)   Responsible officials. The Village Engineer or his representative shall be responsible for the inspection of all improvements.
      (2)   Authority and duties. The Village Engineer or representative shall be authorized to inspect the construction of all improvements and all materials furnished. The inspection may extend to all or any part of the improvements and to the preparation, fabrication, or manufacture of materials to be used. The Village Engineer shall designate the inspector and the inspector shall not be authorized to revoke, alter, or waive any requirements of the improvement specifications or plans. He shall be authorized to call the attention of the contractor to any failures of the work or materials to conform to the improvement specifications and contract. He shall have the authority to reject materials which do not meet the specification requirements or suspend the portion of the work involved. Periodic inspection during the installation of improvements shall be made by the Village Engineer to insure conformity with the approved plans and specifications as provided in the subdivider's construction agreement.
      (3)   Final inspection. On completion of all improvements, the sudivider shall request in writing a final inspection by the Village Engineer as required under R.C. S 711.091. The Village Engineer shall make a final inspection of all street improvements, storm and sanitary sewer improvement, and water improvements.
      (4)   "As-built" drawings. Upon completion of the improvements and before the performance bond is released (or the plat receives approval when a performance bond is not used), the subdivider shall cause the improvement plans to be revised showing any and all changes made during the course of construction. One set of "as-built" reproducible plans and two sets of "as-built" prints shall be furnished to the Village.
   (c)   Waterlines. Waterlines shall be disinfected in accordance with ANSI/AWWA C651 and hydrostatic tested in accordance with ANSI/AWWA C600. Normal amounts of water required to fill, flush and hydrostatic test lines will be furnished by the Village at no cost to the developer. Sampling and bacteriological testing will be provided by the Village at no cost to the developer using developer installed taps provided for this purpose. The developer shall ensure adequate advance notification is provided to the Village when these activities are planned.
   (d)   Sanitary sewers. Before acceptance, sanitary sewers shall pass the following tests, as appropriate. All methods, materials and equipment shall meet the requirements of the Ohio Environmental Protection Agency.
      (1)   Infiltration test. Test shall be made from manhole to manhole or as ordered by the Village Engineer. The maximum allowable infiltration shall be 200 gallons per inch of pipe diameter per mile per day.
      (2)   Exfiltration test. Exfiltration test may be required by the Village Engineer. The loss allowance will be increased an additional ten percent (10%) for each additional two foot of head over a basic two-foot minimum internal head.
      (3)   Low pressure air test. The air test consists of applying low-pressure air to the section of sewer line being tested and recording the time in minutes for the internal air pressure to decrease from 3.5 to 2.5 pounds per square inch. The time elapsed shall not be less than the time shown for the given size pipe per 100 foot of pipe in a table (based upon equations from ASTM C828) which will be furnished by the Village Engineer.
         (Ord. 93-31. Passed 11-15-93.)
      (4)   All flexible pipe sewers require deflection testing not earlier than thirty days after all trench backfill has been placed when granular backfill is used; ninety days when earth backfill is used. Where possible, electronic equipment shall be used to measure and record deflection. If such equipment is not available, acceptable manually propelled mandrels may be used. No pipe shall exceed a deflection of five percent (5%).
      (5)   The Village may require that portions of the sanitary sewers constructed be televised if there is reason to believe that said sections have not been constructed in accordance with established Village standards or if that portion fails either the pressure test or deflection test required in (1) and (2).
   (e)   Storm sewers. Before acceptance, storm sewers shall pass the following tests, as appropriate.
      (1)   All piping other than reinforced concrete pipe require deflection testing not earlier than thirty days after all trench backfill has been placed when granular backfill is used; ninety days when earth backfill is used. Where possible, electronic equipment shall be used to measure and record deflection. If such equipment is not available, acceptable manually propelled mandrels may be used. No pipe shall exceed a deflection of five percent (5%).
      (2)   The Village may require that portion of the storm sewer constructed by the developer be televised if there is reason to believe that said sections have not been constructed in accordance with established standards, or if the section fails the deflection test in subsection (1) above.
         (Ord. 95-6. Passed 3-6-95.)

1181.17 ASSURANCE OF COMPLETION; PERFORMANCE BOND.

   (a)   No lot, proposed lot, or parcel of land which is subject to these regulations shall be sold or leased, nor shall there be any building permit issued for the construction of a building on the lot or parcel of land until the improvements required by those regulations, or assurance of their completion have been completed. The assurance of completion of improvements shall be satisfied by the furnishing a performance bond issued by an insurance, surety or bonding company licensed to do business in the State of Ohio or an irrevocable letter of credit issued by a commercial bank as approved by the Village Law Director. When the improvements have been completed, the Village, if requested by the subdivider, will provide a written document accepting the improvements for ownership and for future maintenance.
   The Village Engineer shall determine the amount of the bond or letter of credit based upon the actual projected cost to the Village to complete the improvements in accordance with these regulations. (Ord. 98-21. Passed 4-6-98.)
   (b)    The developer shall give written notice to the Village Engineer when improvements covered by bond have been completed. The Village Engineer shall then make any and all inspections essential to the determination that the improvements conform to all standards of this chapter. The Village Engineer shall within 14 days of receiving the heretofore described written notice, convey a written report to the Village Council and the developer, stating his approval or disapproval, as the case may be. In the event the Village Engineer disapproves, he shall state his reasons for doing so in a written report to both parties. On approval of the improvements, the performance bond or surety bond shall be replaced by a maintenance bond equal to 10% of the performance bond for a duration of one year. This will be released after the final acceptance inspection. The builder/developer will initiate the release of the surety within two years.
(Ord. 81-56. Passed 12-28-81.)

1181.18 INSURANCE.

   The subdivider shall furnish evidence of general public liability, and property damage insurance coverage in the amounts of $500,000 for death of, or injury to, any one person, $1,000,000 for death of, or injury to, two or more persons in any one accident, and $500,000 for property damage in any one accident in an insurance company authorized to do business in the State. The insurance shall indemnify and save harmless the Village from any and all liability arising by reason of the conditions of the streets of the subdivision or out of the construction or installation of all improvements. A copy of the insurance policy shall remain at all times with the Village.
(Ord. 81-56. Passed 12-28-81.)

1181.19 STREET OPENING PERMIT REQUIRED.

   No person shall make any excavation, trench, or other opening in the vehicular traveled portion of any street, alley, or other public roadway, or tunnel under the roadway from one side to another, without first obtaining a permit from the Administrative Director. The permit shall be issued in accordance with the provisions of Chapter 913 of the Streets, Utilities and Public Services Code.
(Ord. 81-56. Passed 12-28-81.)

1181.20 STANDARDS FOR PRIVATE STREETS.

   In lieu of the provisions of Section 1181.04, private streets shall be constructed in accordance with one of the following alternatives. The developer shall advise the Village Engineer as to which alternative has been selected as part of the plan approval process.
   (a)   Eight inches of compacted limestone aggregate base (ODOT 304) with a bituminous prime coat of 0.35 gallons/square yard (ODOT 408) and three inches of ODOT 448 asphalt concrete placed and compacted in two courses. (One and three-fourths inches of 448 Type 2 LTV and one and one fourth inches of 448 Type 1 LTV with limestone aggregate.)
   Minimum pavement width
   - 22 feet where no on-street parking is allowed.
   - 29 feet where on-street parking is allowed.
   Minimum pavement crown - 1/4 inch per ft. from centerline to edge of pavement
   Maximum % of grade - 8%
   Minimum centerline radius of curvature 200 feet; or
   (b)   Five inches of ODOT 301 bituminous base placed and compacted in two equal courses and 2 inch of ODOT 448 Type 1 LTV limestone aggregate.
   Minimum pavement width - 22 feet where no on-street parking is allowed.
   Minimum pavement crown 1/4 inch per ft.
   Max. % of grade - 8%
   Minimum centerline radius of curvature 200 feet, or
   (c)   Eight inches compacted limestone aggregate base (ODOT 304) with three inches of bituminous base ODOT 301 placed in a single course and topped with a double seal coat (ODOT 409) using limestone aggregate.
   Minimum pavement width - 22 feet where no on-street parking is allowed.
   Minimum pavement crown 1/4 inch per ft.
   Max. % grade - 8%
   Minimum centerline radius of curvature 200 feet
   If no curbs are used, the berm shall be at least two feet in width each side, and constructed of compacted granular material graded at a slope of one-half inch per foot away from the edge of pavement.
(Ord. 95-5. Passed 2-6-95.)
                                                               

1183.01 ADMINISTRATION.

   These regulations shall be administered by the following state or village agencies or their designated representatives.
   (a)   The Village Planning Commission, through the Chairman, shall act as the coordinating agency, responsible for receiving, processing, and reviewing all minor (except those which meet all requirements of Section 1177.08(a) and major subdivisions as to conformity with zoning and other regulations which affect the division of land, and for approving the design layout of the preliminary plan and final plat.
   (b)   The State Environmental Protection Agency and the County Health Department, whichever has jurisdiction, shall be responsible, along with the Village Engineer, for reviewing and approving the type of water and sanitary sewer system designed to serve minor and major subdivisions.
   (c)   The Village Engineer shall be responsible for reviewing, inspecting, and approving the improvement plans and installation of streets and other utility systems. The Village Engineer shall also be responsible for insuring that the improvement specifications set forth in Chapter 1181 are met as a subdivision is developed in order to assure both soundness of layout and economy of construction and maintenance.
   (d)    The Village Council shall be responsible for managing all affairs required in connection with the dedication of public rights-of-way and other public sites designated on a minor or major subdivision.
      (Ord. 81-56. Passed 12-28-81)

1183.02 RECORDING OF PLAT.

   No plat of any subdivision shall be recorded in the office of the County Recorder or have any validity until it has been approved in the manner prescribed in this chapter.
(Ord. 81-56. Passed 12-28-81.)

1183.03 SALE OF LAND WITHIN SUBDIVISIONS.

   No owner or agent of the owner of any land located within a subdivision shall transfer or sell any land by reference to, exhibition of, or by the use of a plat of the subdivision before the plat has been approved and recorded in the manner prescribed in these regulations. The description of the lot or parcel by metes and bounds in the instrument of transfer or other documents used in the process of selling or transferring shall not exempt the transaction from the application of these regulations.
(Ord. 81-56. Passed 12-28-81.)

1183.04 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, and an endorsement is made in writing on a plat, unless the plat is first resubmitted and the changes approved by those public bodies in authority.
(Ord. 81-56. Passed 12-28-81.)

1183.05 FEES.

   (a)   Filing Fees. These shall be made payable to the Village.
      (1)   Minor subdivision.
         (a)   No plat required   $ 25.00
         (b)   Plat review       100.00
      (2)   Major subdivision. At the time of submitting the application for preliminary plan approval and for each final plat approval, the subdivider shall deposit with the Village two hundred dollars ($200.00) plus ten dollars ($10.00) per lot towards the cost of the review and approval. If the cost exceeds the sum deposited, it shall be billed to the developer. If the cost is less than the sum deposited, the balance shall be refunded to the developer.
      (3)   Planned unit development. At the time of submitting an application for each preliminary development plan approval and for an application for final development plan approval, the developer shall deposit with the Village two hundred dollars ($200.00) plus ten dollars ($10.00) per lot towards the cost of review and approval. If the costs exceed the sum deposited, the additional amount shall be billed to the developer. If the cost is less than the amount deposited, the balance shall be refunded to the developer.
   (b)   Plan Review and Inspection Fees. Plans, quantities and an itemized cost estimate prepared by a professional engineer shall be submitted to the Village Engineer for review and approval of all street, storm sewer, outlet drainage, sanitary sewer and water line improvements. A certified check in the amount of one and one half percent (1-1/2%) of construction costs estimate shall be deposited with the Village to pay the costs of plan review and inspection of the construction to assure its conformance with the approved plans. The check shall be made out to the Village Finance Director. A record shall be kept of the actual costs incurred by the Village Engineer or his representatives for the inspection and shall be charged against the amount deposited. On completion of this project, any remaining money shall be returned to the developer. If repetitive reviews are required because of incomplete or inaccurate plan submission, the Village reserves the right to recover additional actual costs incurred.
(Ord. 81-56. Passed 12-28-81; Ord. 91-8. Passed 2-18-91.)
   (c)   Inadequate Deposit; Payment of Bill. In the event that the deposit described in subsection (B) is inadequate to reimburse the Village for the costs incurred in the plan review and inspection required by this chapter, then the Finance Director shall promptly bill the developer for the additional costs. If the bill is not paid within thirty days of the date mailed, there is hereby imposed a service charge of one and one half percent (1-1/2%) per month thereafter or one hundred dollars ($100.00) whichever is larger, which shall be added to subsequent bills and collected as otherwise provided by law. (Ord. 90-60. Passed 12-3-90.)

1183.06 AMENDMENTS; VARIANCES.

   (a)   These regulations may be amended following public hearings and other requirements as specified in R.C. Section 711.09.
   (b)   Except as otherwise provided in Sections 1181.14 and 1181.15 the following regulations shall govern the granting of variances.
      (1)   Where the Planning Commission finds that extraordinary hardship may result from strict compliance with these regulations, due to exceptional topographic or other physical conditions, it may vary the regulations so as to relieve the hardship, provided the relief may be granted without detriment to the public interest, and without impairing the intent and purpose of these regulations or the desirable development of the neighborhood and community. The variations shall not have the effect of nullifying the intent and purpose of these regulations, the comprehensive plan, or the zoning code.
      (2)   In granting variances and modifications, the Planning Commission may require conditions as will, in its judgment, secure substantially the objective of the standards or requirements so varied or modified. Any variances granted by the Planning Commission shall be noted in the official minutes along with the reasons which justified the granting of the variance.
      (3)   Any variance under this section approved by the Planning Commission shall be subject to review and approval by the Village Council. Council shall be allowed to overrule or modify the decision of the Planning Commission granting a variance only by a vote of three-fourths of its members. On the granting of a variance by the Planning Commission, they shall notify Council of the nature of the variance in their report of the approval of the preliminary plan within 15 days. At the first regular Council meeting after the Planning Commission report is received, Council shall, by motion, approve or reject the variance.
         (Ord. 81-56. Passed 12-28-81.)
      (4)    The fee for hearings before the Planning Commission for variances shall be fifty dollars ($50.00).
         (Ord. 91-8. Passed 2-18-91.)

1183.07 REPORT OF VIOLATIONS.

   It shall be the duty of the Planning Commission, Village Engineer, or Administrative Director to report all violations of this chapter to the Village Council who may direct the Law Director to take appropriate steps to enforce these regulations.
(Ord. 81-56. Passed 12-28-81.)

1183.99 PENALTY.

   The following penalties shall apply to the violations of these regulations.
   (a)    Whoever violates any rule or regulation adopted by the Village Council for the purpose of setting standards and requiring and securing the construction of improvements within a subdivision or fails to comply with any order pursuant thereto is creating a public nuisance. Whoever violates these regulations shall be charged with a misdemeanor of the first degree and on conviction be imprisoned for no more than six months and fined no more than one thousand dollars ($1,000).
   (b)    A county recorder who records a plat contrary to the provisions of these regulations shall forfeit and pay not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) to be recovered with costs in a civil action by the Village Law Director in the name and for the use of the Village.
   (c)    Whoever, being the owner or agent of the owner of any land within a municipal corporation, transfers any lot, parcel, or tract of land from or in accordance with a plat of a subdivision before the plat has been recorded in the office of the County Recorder, shall be charged with a misdemeanor of the first degree and on conviction be imprisoned for no more than six months and fined no more than one thousand dollars ($1,000). The description of the lot, parcel, or tract by metes and bounds in the deed or transfer shall not serve to exempt the seller from this provision.
      (Ord. 81-56. Passed 12-28-81.)