Marietta City Zoning Code

TITLE THREE

Platting

1143.01 AUTHORITY.

These regulations are adopted pursuant to the authority granted by Ohio R.C. Chapter 711 and particularly Ohio R.C. 711.09.

(Ord. 81(82-83). Passed 12-16-82; Ord. 280(00-01). Passed 12-6-01.)

1143.02 PURPOSE OF REGULATIONS.

These regulations are adopted to promote the public health, safety and welfare by governing the subdivision of land in order to accomplish the following purposes:

(a) The orderly, efficient and integrated development of the planning area.

(b) The conformity of subdivision plans with public improvement plans for the planning area.

(d) The preservation of reasonable latitude in the exercise of judgment and ability on the part of the subdivider.

(Ord. 81(82-83). Passed 12-16-82; Ord. 280(00-01). Passed 12-6-01.)

1143.03 JURISDICTION.

All lands in the City and within one mile of its corporate limits as defined herein, shall conform to the regulations set forth herein and shall be submitted to the City Planning Commission for approval and endorsement of the plat. Under Ohio R.C. 711.09 such endorsement or approval is mandatory for acceptance of the plat for record by the Washington County Recorder. The provisions of these regulations shall supplement any and all sections of the Ohio Revised Code, ordinances of the City or any and all other rules and regulations promulgated by authority of law relating to the purpose and scope of these regulations. Whenever the requirements of these regulations are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances or resolutions the most restrictive or that imposing the higher standards shall govern.

(Ord. 81(82-83). Passed 12-16-82; Ord. 280(00-01). Passed 12-6-01.)

1143.04 DEFINITIONS.

As used in this chapter, the following terms are defined as follows:

(a) The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular number.

(b) "Person" includes a firm, association, organization, partnership, trust, company or corporation as well as an individual.

(c) "Shall" is a mandatory requirement, the word "may" is a permissive requirement and the word "should" is a preferred requirement.

(d) "Used" or "occupied" include the words "intended, designed, or arranged to be used or occupied".

(e) "Lot" includes the words "plot" and "parcel".

(f) "Subdivision" means:

(1) The division of any parcel of land shown as a unit or as contiguous units on the last preceding tax roll, into two or more parcels, sites, or lots, any one of which is less than five acres for the purpose whether immediate or future, of transfer of ownership, provided, however, that the division or partition of land into parcels of more than five acres not involving any new streets or easements of access, and the sale or exchange of parcels between adjoining lot owners, where such sale or exchange does not create additional building sites, shall be exempted; or

(2) The improvement of one or more parcels of land for residential, commercial or industrial structures or groups of structures involving the division or allocation of land for the opening, widening or extension of any street or streets, except private streets serving industrial structures; the division or allocation of land as open 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.

(g) "Street" means a way for vehicular traffic, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, land place or however otherwise designated.

(h) "Arterial streets and highways" are those which are used primarily for fast or heavy through traffic.

(i) "Collector streets" mean those streets which carry traffic from minor streets to the major systems of arterial streets and highways, including the principal entrance streets of a residential development and streets for circulation within such a development.

(j) "Minor streets" mean those streets which are used primarily for access to the abutting properties.

(k) "Marginal access streets" mean minor streets which are parallel or adjacent to arterial streets and highways; and which provide access for abutting properties and protection from through traffic.

(l) "Alleys" mean minor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.

(m) "Cul-de-sac" means a street with one end open to traffic and being permanently terminated at the other end by a vehicle turn-around; usually of relatively short length.

(n) "Subdivider" means a person, firm, partnership, association or corporation undertaking the subdividing or resubdividing of a lot, tract or parcel of land.

(o) "Preliminary plat" means a map, drawing or plan of the layout and design of a proposed subdivision submitted by the subdivider to the Planning Commission for consideration and tentative approval.

(p) "Final plat" means a plan or drawing of the subdivision and accompanying required data or information submitted by the subdivider to the Planning Commission for final approval.

(q) "Commission" means the Planning Commission, of the City of Marietta, Ohio.

(r) "Reserve strips" mean parcels of land situated so as to control access to streets.

(s) "Block" means a piece or parcel of land entirely surrounded by public highways, streets, streams, railroads, parks, other physical features, exterior boundaries of the subdivision or combinations thereof.

(t) "Easement" means specific land granted by the owner for a specific purpose to the general public, corporation or person, within which the owner shall not erect any permanent structures but shall have the right to use the land subject to such easement. Easements usually are provided for sanitary sewer, storm sewer, ditches, water mains, electricity, natural gas, telephone, walks, drives, etc.

(u) "Lot" means a portion of a subdivision or other parcel of land intended for the purpose whether immediate or future, of transfer of ownership or for building development.

(v) "Engineer" means a registered engineer authorized to practice engineering in the State of Ohio.

(w) "Surveyor" means a registered land surveyor authorized to practice surveying in the State of Ohio.

(x) "Building setback" means the minimum distance between the property line and the outside wall of a structure or any enclosed projection thereof.

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

(z) "Comprehensive development plan" means a plan, or any portion thereof, adopted by the Planning Commission and approved by the Legislative Authority of the City, showing the general location and extent of present or proposed physical facilities including housing, industrial, and commercial uses, major streets, parks, schools and other community facilities. This plan establishes the goals, objectives and policies of the community.

(aa) "Covenant" means a written promise or pledge.

(bb) "Developer" means any individual, subdivider, firm, association, syndicate, partnership, corporation, trust or any other legal entity commencing proceedings under these regulations to effect a subdivision or land hereunder for himself or for another. See "subdivider".

(cc) "Plat" means the map, drawing or chart on which the developer's final plans or subdivision is presented to the Planning Commission and Council for approval, and after such approval, to the County Recorder for recording.

(dd) “Public way" means an alley, avenue, boulevard, bridge, channel, ditch, easement, expressway, freeway, highway, land, parkway, right-of-way, road, sidewalk, street, subway, tunnel, viaduct, walk or other way over which the general public or public entity has a right, or which is dedicated whether improved or not.

(ee) "Right-of-way" means a strip of land taken or dedicated for use as a public way. In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalk, lighting, and drainage facilities and may include special features (required by the topography or treatment) such as grade separation, landscaped areas, viaducts and bridges.

(ff) "Sidewalk" means that portion of the road right-of-way outside the roadway, which is improved for the use of the pedestrian traffic. See "walkway".

(gg) "Vicinity map" means a drawing located on the plat which sets forth by dimensions or other means, the relationship of the proposed subdivision or use to other nearby developments or landmarks and community facilities and services within Washington County in order to better locate and orient the area in question.

(hh) "Walkway" means a dedicated public way for pedestrian use only.

(ii) "Watershed" means the drainage basin in which the subdivision drains or that land whose drainage is affected by the subdivision.

(jj) "Lot frontage" means the portion of a lot nearest the street. For the purpose of determining setback requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage.

(kk) “Lot measurement" for a lot shall be as follows:

(1) Depth of a lot shall be considered to be the distance between the mid-points of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot line in the rear.

(2) Width of a lot shall be considered to be the distance between straight lines connecting front and rear lot lines at each side of the lot, measured at the building lines at each side of the lot, measured at the building setback line, provided; however, that the width between side lot lines at their foremost points (where they intersect with the street line) shall not be less than eighty percent (80%) of the required lot width.

(ll) “Lot of record" means a lot which is part of a subdivision recorded in the office of the County Recorder, or a lot or parcel described by metes and bounds, the description of which has been recorded.

(mm) "City thoroughfare plan" means the comprehensive plan adopted by the City Planning Commission and approved by the Legislative Authority indicating the general location recommended for the arterial, collector and local thoroughfares within the corporate limits of the City and/or unincorporated areas within one mile thereof.

(nn) "Minor subdivision" means a division of a parcel of land that does not require a plat to be approved by the planning authority according to Ohio R. C. 711.131.

(oo) "Monument" means a permanent concrete or iron pin marker used to establish definitely all lines of the plat of a subdivision, including all lot corners, boundary lines, corners and points of change in street alignment.

(pp) "Performance bond or surety bond" means an agreement by a subdivider or developer with the City for the amount of the estimated construction cost guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by the subdivider's agreement. In lieu of the completion for all or part of the improvements as specified, prior to the approval of the final plat, the developer shall provide a bond, executed by a surety or sureties, or a letter of credit, or an escrow agreement for all or part as agreed upon, satisfactory to the Planning Commission, or a certified check guaranteeing the completion of the improvements within two years or agreed upon by the Planning Commission. This bond or check shall be in an amount equal to the estimated cost of completing the improvements.

(qq) "Planned unit development" means an area of land, where a variety of multi-family housing, commercial and industrial facilities are accommodated in a pre-planned environment under more flexible standards than those restrictions that would normally apply under these regulations. The procedure for approval of such development contains requirements in addition to those of the standard subdivision such as building design principles and landscaping plans.

(rr) "One mile area" means the area within a one mile radius of the corporate limits, the actual area included in the one mile area shall be as follows. A one mile radius shall be constructed using various points around the perimeter of the City and then averaged or squared off to meet such conditions as ownership, topography, etc., as agreed on between the City Planning Commission and the County Planning Commission. A map shall be made to reflect these agreements and signed by both parties and dated. Updating of such map shall be done periodically to conform to each new annexation.

(Ord. 81 (82-83). Passed 12-16-82; Ord. 280(00-01). Passed 12-6-01.)

1143.05 PRE-APPLICATION DATA.

Pre-application data shall consist of the following preliminary information to be submitted to the Planning Commission contemporaneously with the preliminary plat:

(a) An outline and description of the existing conditions of the site to supplement the preliminary plat.

(b) A general location map of approximately a quarter mile radius showing the proposed subdivision and its relationship to all existing community facilities and landmarks, all of which shall be named.

(Ord. 81 (82-83). Passed 12-16-82; Ord. 280(00-01). Passed 12-6-01.)

1143.06 PRELIMINARY PLAT DATA.

The preliminary plat shall be a scaled drawing and the following requirements and identifying information shall be observed:

(a) Proposed name of the subdivision; names of streets, and the subdivision shall be unlike any other names used before.

(b) Legal description of the subdivision, which shall include township, section, range and town.

(c) Names and addresses of developer and surveyor who made the plat. Name and address of any engineer who performed any engineering work required by the Planning Commission.

(d) Scale of plat shall not be less than one inch equals 100 feet.

(e) Date.

(f) Northpoint.

(g) Boundary line of proposed subdivision indicated by solid heavy line and the total acreage encompassed thereby.

(h) Locations, widths and names of all existing or prior platted streets, or other public open spaces, permanent buildings and structures and section and corporation lines, within or adjacent to the tract.

(i) Existing sewers, water mains, culverts or other underground facilities within the tract, indicating pipe sizes, grades and exact location, as obtained from public records or field measurements.

(j) Boundary lines of adjacent tracts of unsubdivided land. This data may be shown by means of a small scale superimposed or separate map.

(k) Existing zoning of proposed subdivision.

(l) Existing contours with intervals of not more than five feet where the slope is greater than ten percent (10%), and not more than two feet where the slope is less than ten percent (10%). Elevation shall be based on sea level datum. Drainage channels or water courses and any other significant physical items shall be shown. When a separate plan is used, the layout of streets and alleys shall be superimposed on the contour map.

(m) Layout of streets, their names and widths of alleys, crosswalks and easements.

(n) Layout, numbers and approximate dimensions of lots.

(o) Parcels of land intended to be dedicated or temporarily reserved for public use, or to be reserved by deed covenant for use of all property owners in the subdivision, and the conditions of such dedication or reservation.

(p) Profile of each street when required by the Planning Commission showing proposed sewer lines and manholes with tentative grades, including when necessary, extension somewhat beyond the subdivision boundaries.

(q) Developer's building setback lines, shown graphically, with dimensions.

(r) Indication of any lots on which a use other than residential is proposed by the developer.

(s) A statement that the owner or owners of the subdivision agree:

(1) That any lot transferred as part of the final plat shall have a minimum width and area the same as those shown thereon.

(2) That all construction work and materials used in connection with public improvements shall conform to current specifications of the City or Washington County in the one mile area.

(3) That the City Engineer shall be notified three days in advance before any construction work is begun on any public improvement in order that proper supervision and inspection may be provided.

(t) A statement that the owner or owners of the subdivision agree:

(1) That the installation of storm sewers, sanitary sewers, and water mains and the furnishing of service therefrom is contingent upon the installation of streets and other public improvements as indicated by the final plat or upon the posting of a bond guaranteeing the same and the recording of a final plat prior to the sale of any lot. If this agreement is violated, the City shall have the right to discontinue utility service.

(2) That the Ohio Revised Code provides a penalty for the transfer of any lot or parcel, from or in accordance with a plat or map, before such plat or map has been recorded.

(u) Any subdivision that cannot be served by a public sewer shall show results of soil tests made by an engineer or approved testing company. Such tests shall be made according to the minimum requirements of the applicable health department.

(v) For commercial and industrial development, the location, dimensions and approximate grade of proposed parking and loading areas, alleys and pedestrian walks, streets and the points of vehicular ingress and egress to the development.
(Ord. 81(82-83). Passed 12-16-82; Ord. 280(00-01). Passed 12-6-01.)

1143.07 FINAL PLAT DATA .

The final plat shall be a scaled drawing and the following requirements and identifying information shall be observed.

(a) Name of subdivision.

(b) Location by township, section and range, or by other legal description and vicinity sketch.

(d) Scale shall be not less than one inch equals fifty feet as indicated on the plat and shown graphically.

(e) Date.

(f) Northpoint.

(g) Boundary of plat shown with a double line and based on an accurate traverse, with angular bearings and lineal dimensions (feet, tenths, and hundreds) with an accuracy of one to 10,000.

(h) Exact locations, width and name of all streets within and adjoining the plat, and the exact location and widths of all alleys and crosswalks. The name of a street shall not duplicate any existing street in the City. Proposed street names shall be checked with the City Engineer.

(i) True angles and distances to the nearest established street lines, property lines, or official monuments, where practical shall be accurately described on the plat.

(j) Municipal township, county or section lines shall be accurately tied to the lines of the subdivision by distance and angles.

(k) Radii, internal angles, points of curvature, tangent bearings, lengths of all tangents and curve data along the center lines of all streets shall be shown and shall have an accuracy of one in 10,000 in their relations with outside boundary.

(l) All easements for right-of-way provided for public services, utilities, storm water and ditch drainage and maintenance shall be dedicated to the City or appropriate political subdivision as follows:

An easement is hereby dedicated to the City of Marietta, Ohio, or an appropriate political subdivision, to locate, construct, operate and maintain or authorize the location, construction, operation, maintenance, and use of conduits for all and any purpose water, gas, electric, telephone, sanitary sewer, storm sewer and drainage, poles and wires, or all or any of them over, under and along the strips marked "Utility Easements".

(m) All lots shall be numbered and all lot line dimensions shown with accurate dimensions in feet and hundredths.

(n) Monuments and iron pins to be placed as follows:

(1) Monuments shall be constructed out of concrete four inches in diameter and thirty inches long with an iron pin cast in center. They shall be located at each change in direction of the boundary and at strategic points inside the subdivision or as directed by the City Engineer.

(2) Iron pins (1" in diameter and 30" long) shall be placed at the corners of all lots not covered in subsection (n)(1) hereof.

(3) When streets are completed, reference points shall be placed on centerline at each street intersection and at the points of all curves.

(o) Accurate outlines and measurements of any areas to be dedicated for public use with the purpose indicated thereon.

(p) Building setback lines shall be accurately shown with dimensions established as follows:

"Building lines or setback lines are hereby established as shown on the accompanying plat and no building or portion thereof shall be built between this line and the street line".

(q) Certification by registered surveyor to the effect that the plat represents a survey made by him and that the monuments and iron pins shown thereon exist as located at the time of completion.

(r) Notarized certification, by the owner or owners, of the adoption of the plat and the dedication of streets, easements, and other areas as follows: "Streets (parks, schools, etc. ) shown on this plat and not heretofore dedicated to public use are hereby so dedicated to the public use forever. "

(s) Proper format for the approval statement of the Planning Commission and acceptance of Council and the City Engineer.

(t) The original tracing shall be drawn with water proof ink on tracing cloth or linen bearing all signatures and after recording, shall become the property of the City Engineer's Department. Maximum sheet size shall be 24" x 36" with extra sheets as needed. The Washington County Recorder should be contacted as to additional requirements for recording plats.

(u) The original construction drawing shall be certified by a registered civil engineer and drawn on plan profile cloth, acceptable size 24" x 36" or 22" x 36" and drawn on a twenty feet to an inch scale horizontal and one inch = five feet scale vertical. These tracings shall become the property of the City Engineer's Office. The developer shall be responsible to see that the construction drawings are brought up to date (as built) after construction has been completed.

(v) Following certificates:

(1) Certification shall be required showing that the subdivision is in accordance with the desire of the owners, including spouses’ signatures.

(2) Certification shall be required showing that all required improvements have either been installed and approved by the proper officials or agencies, or that a bond or other surety has been furnished assuring installation and initial maintenance of the required improvements.

(w) Names of adjacent subdivisions, owners of adjoining parcels of unsubdivided land, and the location of applicable boundary lines.

(x) All restrictions and covenants the subdivider intends to include in the deed to the lots in the subdivision shall be shown on the plat.

(Ord. 81 (82-83). Passed 12-16-82; Ord. 280(00-01). Passed 12-6-01.)

1143.08 MINOR SUBDIVISIONS.

Approval without a plat of a minor subdivision may be granted by the Planning Commission if the proposed division of a parcel of land meets all of the following conditions:

(a) The proposed subdivision is located along an existing public street and involves no opening, widening or extension of any street or road, and no more than five lots are involved after the original tract has been completely subdivided.

(b) The proposed subdivision is not contrary to applicable subdivision or zoning regulations.

If the approval has been given, under these provisions, the Planning CommissionClerk shall within seven working days after submission, approve such proposed division, and upon presentation of a conveyance of such parcel, shall stamp "APPROVED BY THE CITY OF MARIETTA, PLANNING COMMISSION, NO PLAT REQUIRED. "

(Ord. 81 (82-83). Passed 12-16-82; Ord. 280(00-01). Passed 12-6-01.)

1143.09 DESIGN STANDARDS.

The standards and details of design herein contained are intended only as minimum requirements so that the general arrangements and layout of a subdivision may be adjusted to a wide variety of circumstances. However, in the design and development of a plat the subdivider should use standards consistent with the site conditions so as to assure an economical, pleasant and durable neighborhood.

The final plans and specifications of improvements shall be a set of construction and utility plans prepared by a registered professional engineer. The plans shall include typical sections, plans and profile views, construction details and estimate of quantities. All typical sections and major engineering details to be used on any particular street shall be approved in advance by the City Engineer and prior to the granting of approval of the final plat the subdivider shall have installed the required improvements or have posted a bond or other surety.

(a) Conformity with the Approved City Thoroughfare Plan. The arrangement, character, extent, width and location of major, secondary, and minor streets or highways shall conform with the Official Thoroughfare Plan for the City, and with provisions of these regulations. Streets not contained in the Official Thoroughfare Plan should conform to the recommendation of the Planning Commission based on existing and planned streets, topography, public safety, convenience and proposed uses of land.

(1) Construction of streets and alleys shall be in accordance with the latest edition of the State of Ohio, Department of Transportation’s Location and Design Manuals and Construction and Materials Specifications.

(b) Arrangement and Alignment. Residential streets shall be designed to discourage through traffic which may otherwise use secondary and major highways and whose origin and destination are not within the subdivision. Reserve strips controlling access to streets shall be prohibited, except where their control is definitely placed in the City under conditions approved by the Planning Commission. Street jogs with centerline offsets of less than 125 feet shall be avoided.

(1) Arrangement. Where a railroad crossing is involved, the plan of the subdivision shall be considered in its relation to the probability of grade separation or other treatment and may be required to conform to certain conditions in anticipation of such treatment. Where the subdivision adjoins a railroad right-of-way, and zoning plans or other conditions indicate that such property shall be used for industrial purposes, highways in the same general direction as the railroad shall be as nearly parallel to such railroad right-of-way as may be practicable.

(2) Alignment.

A. Vertical. For main thoroughfare, profile grades shall be connected by vertical curves of a minimum length equivalent to thirty times the algebraic difference between the rates of grade, expressed in feet per hundred; for secondary and minor streets twenty times, and ten times for alleys.

1. Grade at intersections. Approaches to intersections shall be reduced to a grade not to exceed three percent (3%) for a minimum distance of ninety feet from the curb, unless otherwise approved by the City Planning Commission. (State of Ohio Department of Transportation, Location and Design Manual, Volume 1).

B. Minimum horizontal. Radii of centerline curvature:

	Degrees	Feet radius
Main thoroughfares	12	475
Secondary thoroughfares	19	300
Minor streets	28	200
A minimum of fifty feet tangent shall be introduced between reverse curves where practical.

C. Visibility requirements. Minimum vertical visibility (measured 3.75 feet eye level to ground level) shall be:

600 feet on main thoroughfares,

300 feet on secondary thoroughfares, and

200 feet on minor streets.

D. Minimum horizontal visibility shall be:

600 feet on arterial thoroughfares, measured on centerline,

300 feet on secondary thoroughfares, measured on centerline, and

200 feet on all other streets, measured on centerline.

(c) Location. When a proposed subdivision is adjacent to or contains a State highway, the Commission shall seek information from the Ohio Department of Transportation, as to the status of the highway in reference to width and direction.

(d) Cul-de-sacs. The maximum length of a cul-de-sac shall be 1500 feet, except where unavoidable. Each cul-de-sac shall be provided with a turnaround facing a minimum right-of-way radius of forty-five feet. The road surface within the cul-de-sac right-of-way shall have a radius of thirty feet.

(e) Intersections. Streets shall intersect one another at an angle as near to a right angle as possible. The property line of street intersections shall be rounded with a radius of fifteen feet when the intersection occurs at right angles. If an intersection occurs at an angle other than a right angle, it shall be rounded with a curve or a radius acceptable to the Commission. Curb radius at intersections shall be rounded with a curve of twenty-five feet or larger as directed by the Engineer.

(f) Width and Pavement. Unless otherwise approved by the Planning Commission, the width of pavement and right-of-way shall be as shown in the table below. Minimum pavement design shall conform to the requirements included herein. The Ohio Department of Transportation Location and Design Manual shall be used to determine pavement thickness.

Type of Street	Development	R/W Width	Face to Face to Curb
Residential	Single family	60'	36
Residential	Two family	60'	36
Residential	Multi-family	60'	36
Collector		70'	40 based on traffic
Thoroughfare		90'	48 based on traffic
Marginal access		49'	22
Alley		20'	12
Crosswalks		5' of each lot	5'
Easements		10 lot line	None
Pavement Design		10	None

(g) Half Street. Where there exists a dedication on platted half streets or alleys adjacent to the tract to be subdivided, the other half shall be platted if deemed necessary by the Planning Commission. Pavement width of a half street shall be determined by the Planning Commission. Dedication of half streets shall be discouraged.

(h) Minimum Pavement Thickness. Minimum pavement thickness must be the following, based on average daily traffic (ADT) and truck traffic.

(1) Less than 2,500 ADT; Minimums:

A. Flexible: Eight (8) inches of ODOT 304 Aggregate Base (or six (6) inches of ODOT 304 over Bi-Directional Geogrid BX1200 or equal), four (4) inches of ODOT 301 Asphalt Concrete Base, and one (1) inch of 404LVT Asphalt Concrete.

B. Rigid: Eight (8) inches of ODOT 304 Aggregate Base (or six (6) inches of ODOT 304 over Bi-Directional Geogrid BX 1200 or equal), six (6) inches ODOT 452 Non-Reinforced Concrete Pavement Class QC lP (Max. fifteen percent (15%) Fly Ash) with maximum twelve (12) feet slab dimension and tapered plate dowels.

(2) Greater than 2,500 ADT; Minimums:

B. Rigid: Eight (8) inches of ODOT 304 Aggregate Base (or six (6) inches of ODOT 304 over Bi-Directional Geogrid BX 1200 or equal), seven (7) inches ODOT 452 Non-Reinforced Concrete Pavement Class QC lP (Max. fifteen percent (15%) Fly Ash) with maximum twelve (12) feet slab dimension and tapered plate dowels.

(i) Sidewalks. Sidewalks shall be constructed to a minimum width of five (5) feet wide using Portland cement concrete (Max. fifteen percent (15%) Fly Ash) five inches thick. [Maximum: Thirty (30) feet between construction-expansion-joints and control-joints matching the sidewalk width]. Sidewalks shall normally be constructed on one side of the street with a minimum of two feet of grass strip between the walk and curb. Variation from the sidewalk requirement may be obtained upon approval of the Planning Commission where it can be shown that topographic restrictions would make a sidewalk impractical to construct.

(j) Drainage.

(1) A drainage system shall be designed by the Engineer and constructed by the Subdivider to provide for the proper drainage of the surface water of the subdivision and the drainage area of which it is a part. Inspection of this system shall be made by the City Engineer prior to backfilling of trenches.

(2) All storm sewer pipe shall be concrete pipe, HDPE, or other material as approved by the City Engineer.

(3) Design frequency:

Storm sewer 25 year, 24 hour

Open Ditch 25 year, 24 hour

Culverts and bridges 25 year, 24 hour < 2,500 ADT; 50 year > 2,500 ADT

(4) Method used to estimate peak or design flow Q = CIA, or the Location and Design Manual, State of Ohio, Department of Transportation

(5) Coefficient of runoff.

Paved areas 0.95

Residential 0.4 - 0.6

Cultivated or woods 0.3

Apartment areas 0.5 - 0.8

(6) Minimum pipe size shall be twelve inches.

(7) Open ditches where erosion would affect the shoulder of the proposed roadway, or that in the opinion of the Engineer would be a continuing maintenance problem, shall be paved with concrete. The thickness, width and length, shall be as directed by the Engineer.

(8) Minimum cover top of pipe to subgrade, one foot outside of pavement; two feet under roadways.

(9) All storm drainage facilities within the subdivision shall connect to an adequate drainage course.

(10) Where curb and gutters are involved, catch basins shall be constructed on the upstream side of radium turns, at all sag points, at points where drainage ditches enter area being developed, and on streets at distance of approximately 358 to 400 feet.

A. Alleys. Alleys should be discouraged in residential areas. In commercial and industrial areas, alleys shall be required if no other provisions are made for adequate service access, such as off-street parking and loading. Dead end alleys shall not be permitted.

B. Trees. Street trees should be provided outside of the street clear zone on arterial and collector streets and planted in such a manner as not to impair visibility at any corner or corners.

C. Street Name Signs. The City shall install all street signs upon completion of street construction inside the corporation limits. The signs shall conform to the City specifications. The developer shall install all street signs in the one mile area outside the City according to Washington County specifications.

(k) Names and Numbers. Names of new streets shall not duplicate existing or platted streets. New streets which are extensions of, or in alignment with existing streets, shall bear the name of the existing streets. House numbers shall be assigned in accordance with the house numbering system now in effect in the City.

(1) Dedication. Approval of a plat shall not be an acceptance by the public of the dedication of any street, highway, or other way shown upon the plat. Acceptance shall occur only after the necessary improvements have been made; including testing and inspection thereof, and acceptance by the appropriate governing body as described in the Ohio Revised Code. Acceptance in the City shall be by Council in the one mile area by the County or Township, as required by each political subdivision.

(m) Vacating. The Planning Commission shall not recommend the vacation of any street or part of a street dedicated for public use, if such vacation interferes with the uniformity of the existing street pattern, or with any future street plans for the area.

(n) Dead End Streets. Dead end streets, designed to be so permanently, shall not be permitted. (Ord. 190(22-23). Passed 2-16-23.)

1143.10 SOIL SEDIMENT REGULATIONS.

This section is intended and adopted for the purpose of regulating earth disturbing activities to control sediment pollution and to protect the storm drainage system and water resources from sedimentation, both of which are caused by accelerated soil erosion during development or construction.

(a) General Requirements. No person owning or responsible for a development or any earth moving activity, shall cause or allow earth disturbing activities except in compliance with the standards and criteria of subsection (b) hereof and the applicable items below.

(1) When a proposed development area involves less than five acres, all earth disturbing activities shall be subject to surveillance and site investigations by the City Engineer to determine compliance with the standards and regulations.

(2) When a proposed development area involves more than five acres, the responsible person shall develop and obtain approval of a sediment control plan prior to any earth disturbing activity. Such plan shall include specific requirements of the design manual adopted by the City, and be filed with the preliminary plat.

(3) A statement of policy for sediment control (a continuing narrative plan) in conjunction with standard operations, such as the installation of transmission lines by utility companies or road and highway construction or maintenance and stream channel improvement or maintenance, by public entities or agencies, may be approved by the Planning Commission in lieu of a specific plan each development.

(4) In all construction or earth disturbing work contracted to be done by the City, the specifications shall include the criteria listed in subsection (b) below.

(b) Standards and Criteria. Meeting the following standards and criteria does not relieve any person from liability for sediment damage to another's property. To control sediment pollution, the developer shall use methods as set forth in the Ohio Department of Transportation Construction and Materials Specifications and Location and Design Manual, or the latest U. S. Soil Conservation Service Handbook, Water Management and Sediment Control for Urbanizing Areas, or any other methods providing they are acceptable to the City Engineer.

(c) Plan Content. The preliminary plan of a proposed development area shall contain the following information to set forth how the standards and criteria by this section shall be met:

(1) Identification and location of off-site areas susceptible to sediment deposits or to erosion caused by accelerated runoff.

(2) Identification and location of off-site areas affecting potential accelerated runoff and erosion control.

(3) Existing topography of the development area and adjacent land within approximately 100 feet of the boundaries. A topographic map should contain a two foot contour interval to portray the conformation and drainage pattern of the area.

(4) The location of existing buildings, structures, utilities, water bodies, drainage facilities, vegetative cover, paved areas, (streets, roads, driveways, sidewalks, etc.), and other significant natural or man-made features on the development area and adjacent land within approximately 100 feet of the boundaries.

(5) A general description of the predominant soil types, their location and their limitations for the proposed use.

(6) Proposed use of the development area including present development and ultimate utilization with detail on soil cover both vegetative and impervious.

(7) All proposed earth disturbances including:

A. Areas of excavation, grading and filling.

B. The finished slope, stated in feet horizontal to feet vertical, of cut and fill slopes.

C. Kinds of utilities and proposed areas of installation.

D. Proposed paved and covered areas in square feet or to scale on a plan map.

E. Makeup of surface soil as developed (upper six inches) on areas not covered by buildings, structures or pavement. Description shall be in such terms as original surface, soil, subsoil, sandy, heavy clay, stony, etc.

F. Proposed kind of cover on areas not covered by buildings, structures or pavement. Description shall be in such terms as lawn, turfgrass, shrubbery, trees, forest cover, rip-rap, mulch, etc.

(8) Provisions for temporary and permanent erosion control.

(9) Provisions for the management of storm water, including the control accelerated runoff, to a stable receiving outlet.

(10) Provisions for maintenance of control facilities including easements to insure short as well as long term erosion and sediment pollution control and storm water management.

(11) Proposed construction sequence and time schedule for all earth disturbing activities and installation of provisions for erosion and sediment pollution and storm water management.

(12) Design computations and applicable assumptions for all structural measures for erosion and sediment pollution control and water management. Volume and velocity of flow shall be given for all surface water conveyance measures and pipe outfalls.

(13) Seeding mixtures and rates, lime and fertilizer application rates, and kind and quantity of mulching for both temporary and permanent vegetative control measures.

(14) Title, scale, direction, legend and date of all plan maps.

(15) Name and address of the person(s) preparing the plan, the owner, and the person responsible for the development area.

(16) Certification that all earth disturbance, construction and development shall be done pursuant to the plan.

(Ord. 81 (82-83). Passed 12-16-82; Ord. 280(00-01). Passed 12-6-01.)

1143.11 GRADING AND DRAINAGE PLANS REQUIRED.

(a) Grading and drainage plans shall be submitted with each application for a development permit. The results of all hydrologic and hydraulic studies including the 100 Year Flood Contour Elevation shall be clearly shown on all site plans where applicable. In addition, a soil investigation report to evaluate possible drainage and erosion problems may be required at the option of the City Engineer where he feels that unstable slopes or other site conditions warrant such study.

(b) All lots shall be graded in such a manner that storm water shall drain therefrom and there shall not be any undrained depressions. Grading shall be accomplished in such a manner that it shall not obstruct the natural drainage of adjoining and adjacent properties to the subdivision.

(c) Wherever possible, with exceptions being made where the topography of an area does not permit such grading practice, or where other drainage ways are provided, lots shall be graded from the rear lot line to the street. Where a lot abuts directly on two streets, the grade shall be from the corner of the lot which is diagonally opposed to the corner of the two streets on which the lot abuts. This regulation is included in a desire to reduce the amount of water standing in yards to minimum. Therefore, where it is not possible to grade a lot in the prescribed manner, the owner or developer shall provide for the adequate drainage of any and all low areas and tie such drainage into and make it a part of the storm sewer of the development and the City, as directed by the City Engineer, with approval of such drainage subject to inspection by the City Engineer, along with the inspection of other storm sewer installation.
(Ord. 81 (82-83). Passed 12-16-82; Ord. 280(00-01). Passed 12-6-01.)

1143.12 PLANNING COMMISSION ACTION.

(a) Within thirty days of the date of official submission of the final plat the Commission shall take one of the following actions thereon:

(1) Approval;

(2) Approval with modification; or

(3) Disapproval.

(b) The action of the Commission shall be entered in the official minutes of the Commission and endorsed on the final plat by the Clerk of the Commission.

(c) If the Commission shall fail to act within thirty days from the date of the official submission of the final plat, then the final plat shall be deemed to be approved.

(Ord. 81 (82-83). Passed 12-16-82; Ord. 280(00-01). Passed 12-6-01.)

1143.13 PERMITS AND FEES.

Each application for the issuance of a permit or required approval shall be accompanied by a fee payable in cash or by check to the City of Marietta according to the following schedule:

(a) Approval of a minor subdivision: fifty dollars ($50.00).

(b) Approval of a preliminary subdivision plat/plan: two hundred dollars ($200.00) plus ten dollars ($10.00) per lot;

(Ord. 175(08-09). Passed 1-15-09.)

1143.99 PENALTY.

(a) Whoever willfully violates these subdivision regulations or fails to comply with any order issued pursuant thereto, shall forfeit and pay not less than ten dollars ($10.00) nor more than one thousand dollars ($1,000). Such sum may be recovered with costs in a civil action brought in the Washington County Court of Common Pleas by the legal representative of the City.

(b) Whoever, being the owner or agent of the owner of any land, willfully transfers any lot, parcel or tract of such land from or in accordance with a plat or a subdivision as specifically defined in these regulations, before such plat has been recorded in the office of the County Recorder shall forfeit and pay the sum of not less than ten dollars ($10.00) or more than five hundred dollars ($500.00) for each lot, parcel or tract of land sold.