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Massillon City Zoning Code

TITLE ONE

Subdivision Regulations

1101.01 TITLE.

   The platting and minimum improvement requirements for the subdivision of land within the City in accordance with the adopted General Development Plan, including procedures for the application, administration, and penalties for the violation thereof, shall be known and referred to as the Subdivision Regulations. (Ord. 4-1978. Passed 3-6-78.)
 

1101.02 PURPOSE.

   The general purpose of these Subdivision Regulations shall be to control the subdivision of all land in the City, in accordance with the adopted General Development Plan, in order to promote the public health, safety, comfort, convenience, and general welfare. (Ord. 4-1978. Passed 3-6-78.)

1101.03 APPLICATION.

   A sketch plan and preliminary and final plats shall be required in accordance herewith for the subdivision of any land within the City.
(Ord. 4-1978. Passed 3-6-78.)

1103.01 DEFINITIONS.

   As used in these Subdivision Regulations.
   (a)   "Average recurrence interval" means the average interval in years between storm water flows of a given magnitude, or greater, over a period of time, such as 100 years.
   (b)   "Council" means the legislative body of Massillon, Ohio.
   (c)   "Crosswalks" means the right of way dedicated to public pedestrian use, which cuts across a long block.
   (d)   "Cul-de-sac" means a dead-end street of short length having one end open to traffic and the other end terminating to a vehicular turn-around.
   (e)   "Dead-end-street" means a street temporarily having only one outlet for vehicular traffic and intended to be extended or continued in the future.
   (f)   "Easement" means a grant by the owner of the land for the specified use of such land to a corporation, to a partnership, to a person or persons or to the public.
   (g)   "Flood hazard" indicates overflow water having sufficient velocity to transport debris, to scour the surface soil or to dislodge or damage buildings. It also indicates erosion of the banks of watercourses.
   (h)   "Flood plain" means that portion of river or creek valley adjacent to the river or creek channel which is covered with water when the river or creek overflows its banks at flood stage.
   (i)   "General Development Plan" or "Master Plan" means that plan adopted by the Planning Commission which includes the plan of major streets or highways.
   (j)   "Improvements" mean street pavements with or without curbs or gutters, grading, surfacing, sidewalks, crosswalks, water mains, sanitary and storm sewers and other appropriate items.
   (k)   "Inundation" means standing water or water in motion, of sufficient depth to damage property due to the mere presence of water or the disposition of silt.
   (l)   "Lot, parcel" means a division of land separated or proposed to be separated from other divisions of land by description on a recorded subdivisions plat, recorded survey map, or by metes and bounds for purpose of sale, leases, or separate use, and having frontage on a public or private dedicated street.
   (m)   "Lot, corner" means a lot at the point of intersection of and abutting on two intersecting streets.
   (n)   "Lot, double-frontage" means a lot, other than a corner lot, that abuts more than one street.
   (o)   "Planning Commission" means the Planning Commission of Massillon, Ohio.
   (p)   "Performance Bond" or "Surety Bond" means an agreement by and between a subdivider or developer and a bonding company in favor of and in such form as approved by Council, on file in City Hall for the amount of estimated construction cost guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by the subdividers agreement.
   (q)   "Plat".
      (1)    "Preliminary plat" means a drawing for the purpose of study of a subdivision and when approved, permits proceeding with the preparation of a final plats.
      (2)    "Plat" means a final map of all or a portion of a subdivision which, when approved, shall be in a form suitable for recording.
   (r)   "Right of way" means the strip of land taken or dedicated for use as a public way. In addition to the roadway it normally incorporates the curbs, lawn strips, sidewalks, lighting and drainage facilities and may include special features (required by the topography or treatment) as grade separation, landscaped areas, viaducts and bridges.
   (s)   "Roadway" means that portion of a highway, including shoulders, for vehicular use. A divided highway has two or more roadways.
   (t)   "Sidewalk" means that portion of the road right of way, outside the roadway, which is improved for the use of pedestrian traffic.
   (u)   "Shoulder" means the portion of the roadway continuous with the traveled way for the accommodations of stopped vehicles, for emergency use, and for lateral support of base and surface courses.
   (v)   "Streets" mean a public or private right of way for vehicular and pedestrian use:
      (1)   "Freeway" means a divided multi-lane highway for through traffic with all crossroads separated in grade and with full control of access.
      (2)   "Expressway" means a divided arterial highway (not a freeway) for through traffic with full or partial control of access, medians, at grade intersections, and some grade separation.
      (3)   "Arterial" is a general term denoting a highway primarily for through traffic usually on a continuous route. This facility provides for through traffic movement between areas, across the country and to and from expressways. An arterial also provides access to abutting property but parking and loading may be restricted to improve the capacity for moving traffic.
      (4)   "Collector" means a street providing for traffic movement between major arterials and local streets and direct access abutting property. This facility provides for the internal traffic movement within an area of the County.
      (5)   "Local" means a street or road whose present function is to provide access to residence, business, or other abutting property. A local moves a vehicle from an individual property to the nearest collector street.
   (w)   "Subdivider" means any person, persons, or corporation or duly authorized agent who undertakes the subdivision of land as defined in Ohio R.C. 711.001.
   (x)   "Subdivision"
      (1)   The division of any parcel of land shown as a unit or as continuous 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.
      (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 streets or any street, 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.
   (y)   "Vicinity Map" means a drawing at a reduced scale located on the preliminary plat which shows legibly, by dimension and/or other means, enough area beyond the bounds of the proposed subdivision to locate and orient the subdivision within Massillon.
   (z)   "Watershed" means the drainage basin in which the subdivision drains or that land whose drainage is affected by the subdivision.
      (Ord. 4-1978. Passed 3-6-78.)

1105.01 COMPLIANCE WITH REGULATIONS.

   All subdivisions of land as defined herein; whether by instrument of conveyance or otherwise, shall comply with these Subdivision Regulations and shall be platted in accordance herewith. (Ord. 4-1978. Passed 3-6-78.)

1105.02 DIVISIONS OF LAND NOT REQUIRING PLAT.

   (a)   Whoever divides any parcel of land, whether by instrument of conveyance or otherwise, for which division no plat is required by reason of Ohio R.C. 711.001 and 711.131, shall submit such division together with a sketch identifying such division, to the Planning Director or his assistant.
 
   (b)   The Planning Director or his assistant, shall, within seven working days, stamp such division or a parcel of land "Approved by the Planning Director of the City of Massillon, Ohio, no plat required", sign his name and the date of approval.
(Ord. 4-1978. Passed 3-6-78.)

1105.03 REVIEW PROCEDURE.

   Subdivisions shall be approved in three stages: sketch plan discussion stage, preliminary plat stage, and the final plat stage.
   (a)   The sketch plan discussion stage requires the subdivider to discuss with the Planning Director and City Engineer the proposed subdivision so that he can become familiar with subdivision requirements, existing conditions, and future plans. This stage also insures that the subdivider will not be required to expend excessive monies without some assurance that his plat will be finally approved.
   (b)   The preliminary plat stage requires that the subdivider present all information needed to enable the Planning Commission to determine that the proposed design is satisfactory and will serve the public interest. Upon approval of the preliminary plat whoever subdivides may have prepared the construction and drainage plans as required in Section 1111.11(b).
   (c)   The final plat stage requires the subdivider to present a plat together with all data needed to enable the Planning Commission and Council to determine that the subdivision fully complies with these regulations and conforms to the approved preliminary plan. After acceptance of all streets, highways, or other public ways or open space by Council, the plat may be recorded.
(Ord. 4-1978. Passed 3-6-78.)

1107.01 SKETCH PLAN.

   (a)   In order to conserve time and expense in redrafting preliminary plats, whoever subdivides is required to visit the office of the Planning Director to resolve basic design questions with a sketch plan. The subdivider shall submit two copies of a sketch plan that may be in a freehand sketch form and in pencil showing the proposed layout of streets, lots and other features in relation to the nearest existing public streets.
 
   (b)   The following list of items along with others deemed necessary by the Planning Commission shall be discussed with the subdivider by the Planning Director and City Engineer.
      (1)   The relationship of the proposed subdivision to the zoning of the area and the contiguous areas.
      (2)   The availability of sanitary sewer and other utilities in the area.
      (3)   The relationship of the proposed subdivision to existing streets, future streets and Thoroughfare Plan.
      (4)   The proposed manner of drainage for the subdivision.
      (5)   Compliance or non-compliance of the subdivision with the Master Plan and Future Land Use Plan.
         (Ord. 4-1978. Passed 3-6-78.)

1107.02 PRELIMINARY PLAT.

   The Preliminary Plat is a "tentative plan" differing in format and local status from the final plat. The preliminary plat is flexible and can be modified by the Planning Commission to solve unforeseen problems.
   (a)   Submission of Preliminary Plat.
      (1)   An application on forms provided by the Planning Commission for their approval of the preliminary plat, together with ten prints shall be filed at the office of the Massillon Planning Commission by the deadline date as set by the Planning Commission for review at its next meeting. Preliminary plat fees shall be submitted at this time in accordance with Section 1113.06.
      (2)   Such preliminary plat prints shall be submitted to the Planning Commission prior to the completion of final surveys of roads and lots and before the start of any grading or construction work upon the proposed streets and before any plat of such subdivision is made in a form suitable for recording. The Planning Commission shall determine whether a preliminary plat is in proper form and shall not receive and consider such a map as filed until it is submitted in accordance with the requirements hereof. Where the preliminary plat covers only a part of the subdivider's entire holding, a sketch of the prospective future system of the unsubmitted part shall be furnished and the street system of the submitted part will be considered in the light of adjustments and connections with the street systems of the part not submitted.
   (b)   Submission to the Director of the State Department of Transportation. 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 Transportation 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 mail, to the Transportation Director. The Planning Commission shall not approve the plat for 120 days from the date the notice is received by the Transportation Director. If the Transportation Director notifies the Planning Commission that he shall proceed to acquire the land needed, then the Planning Commission shall refuse to approve the plat. If the Transportation Director notifies the Planning Commission that acquisition at this time is not in the public interest or upon the expiration of the 120 day period or any extension thereof agreed upon by the the Transportation Director and the property owner, the Planning Commission shall, if the plat is in conformance with all provisions of these regulations, approve the plat.
   (c)   Preliminary Plat Drawings. The preliminary plat shall be prepared on sheets 24" x 36" sheet size. A preliminary plat containing less than six acres shall be submitted at a scale of one inch equals fifty feet; all others at a scale of one inch equals one hundred feet.
      The preliminary plat drawing shall be prepared by a registered surveyor, site planner, (a planner in charge as certified by the State and/or meeting the requirements of an Associate Member of the American Institute of Planners), landscape architect or registered civil engineer. The plan shall be accurately and clearly drawn. The drawing shall include the proposed plan of the subdivision, and shall show the following:
      (1)   Vicinity map. A vicinity map at a scale of 600 feet to the inch shall be shown on, or accompany, the preliminary plat. The map shall show all existing subdivisions, streets and tract lines of out lots and zoning of area immediately adjoining the proposed subdivision.
      (2)    Identification.  
         A.   Proposed name of subdivision which must not duplicate others in the City, tract and original lot number.
         B.   Names, addresses and telephone numbers of owners subdividers and the person or firm preparing the preliminary plat.
         C.   Scale, north point and date.
      (3)   Existing data.
         A.    Boundary lines: showing bearings and distances and the method by which they were derived, as surveyed by a registered surveyor.
         B.   Easements: location, width and purposes.
         C.   Streets in and adjacent to the subdivision: names, location, right of way and roadway width.
      (4)   Utilities in and adjacent to the subdivision including proposed utilities. Location, size and flow line elevations of sanitary, storm and combined sewers; location and size of water mains; location, size and type of gas lines, fire hydrants, utility poles and oil and gas wells and their easement widths. If water mains, sewers and/or culverts are not on or adjacent to the tract, indicate the direction and distance to, and size of, the nearest one showing flow line elevation of sewers and culverts.
      (5)   Topography. Showing contours with an interval of not more than five feet if ground slope is in excess of four percent (4%) and two feet if ground slope is less than four percent (4%).
      (6)   Subsurface conditions on the subdivision. Any conditions that are not typical; such as abandoned mines, etc., if this data is known and available.
      (7)   A drainage plan will also be submitted with the preliminary plat.
      (8)   Other conditions within the subdivision:
         A.   Water courses and areas subject to flooding.
         B.   Marshes.
         C.   Rock outcropping.
         D.   Wooded areas.
         E.   Any structures or other significant features.
   (9)   Other conditions on adjacent land within 200 feet.
         A.   Approximate direction and gradient of ground-slopes including any embankments or retaining walls.
         B.   Location and type of buildings on unplatted lots.
         C.   Railroad lines.
         D.   Power lines and towers.
         E.   Other nearby nonresidential uses of land.
         F.   Owners of adjacent unplatted land. (For adjacent platted land refer to City lot number.)
   (10)   Zoning requirements.
         A.   District.
         B.   Lot size and building and setback lines as specified in the Zoning Ordinance.
         C.   Proof of any variance or special exception.
   (11)   Planned public improvements: highways, buildings or other major improvements planned by public authorities for future construction on or near the subdivision.
   (12)   Proposals.
         A.   Streets: show proposed and right-of-way widths. Indicate each street by a proposed name.
         B.   Other rights of way or easements: location, width and purpose.
         C.   Lots: total number, scaled dimensions, and estimated area of irregular shaped lots in square foot.
         D.   Land parcels within the subdivision not to be divided into lots.
         E.   Public sites: reserved or dedicated for parks, playgrounds, or other public use.
         F.   Sites for other uses: multi-family, shopping facilities, churches, industry or other nonpublic uses exclusive of single-family dwellings.
         G.   Total site data: including acreage, number of residential lots, typical lot size, and acres in parks and other public uses.
         H.   When extensive changes of topography are contemplated, a plan showing the changes proposed.
         I.   The Planning Commission may require additional information as it deems necessary.
   (d)   Planning Commission Action. The Planning Commission shall approve, approve conditionally, or disapprove the preliminary plat. Such action shall be submitted to the developer in writing and shall also be entered on the official record of the Planning Commission, with the conditions or reasons for disapproval as appropriate.
   (e)   Effect of Approval. Approval of a preliminary plat is not an acceptance of the subdivision for record. It is an approval of a general plan as a guide for the preparation of improvement plans and a subdivision plat for final approval and recording upon fulfillment of all requirements of these Regulations. Approval of a preliminary plat shall be effective for a period of eighteen months. Upon expiration of a preliminary plat approval, no approval of a final plat shall be given until the preliminary plat has been resubmitted and approved. However, if the subdivision is in the process of active construction at the end of eighteen months, this provision may be waived by the Planning Commission. (Ord. 4-1978. Passed 3-6-78.)

1107.03 FINAL PLAT.

   Final plats may be for all or a portion of the territory shown to be subdivided and shall conform to the approved preliminary plat and to these Regulations.
   (a)   Submission of Final Plat.
      (1)   An application on forms provided by the Planning Commission for their approval of the final plat, together with ten prints shall be filed at the office of the Planning Commission by the deadline date as set by the Planning Commission for review at its next meeting. Final plat fees shall be submitted at this time in accordance with Section 1113.06.
      (2)   A letter from the developer's attorney shall be submitted, addressed to the Law Director, verifying the ownership of lands being subdivided and setting forth all judgments, liens, easements, rights of way and leases affecting the proposed lands to be included in the plat.
   (b)   Final Plat Drawing.
      (1)   A final plat shall be drawn in ink on tracing cloth or mylar or any material except "sepia", feasible for clear reproducible copies on one or more sheets measuring twenty-four inches by thirty-six inches at a scale of 100 feet to the inch. Where necessary, the plat may be on several sheets accompanied by an index sheet showing the entire subdivision. All lettering shall be legible and not less than 3/32 of an inch in height.
      (2)   Final plats shall conform to the approved preliminary plat and the regulations herein and may be for all or a portion of the territory shown as subdivided.
      (3)   The final plat shall show the following:
         A.   Proposed name of subdivision which must not duplicate others in the City, tract and original lot number.
         B.   Name and address of the developer and the engineering or surveying firm.
         C.   Identification of adjoining land.
         D.   Total acreage of land platted, total acreage of streets dedicated, and total acreage of lots platted, number of residential lots, and acres in parks and other public uses.
         E.   Lines and boundaries: center lines and right-of-way lines of streets easements and other rights of way, natural and artificial water courses, streams, shorelines, corporation lines, and property lines of all lots and parcels with distances, radii, arcs, chords and tangents of all curves (nearest one hundredth of a foot), bearings, or deflection angles (nearest second).
         F.   Location and description of all monuments found, set or to be set.
         G.   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.
         H.   Streets: name and right-of-way width of each street within proposed subdivision and those adjoining.
         I.   Lot identification: lots shall be numbered in accordance with City lot numbering system.
         J.   Certification and seal by a registered surveyor to the effect that the plat represents a survey made by him which balances and closes, and the monuments shown thereon exist or shall be set as shown, and that all dimensional and geodetic details are correct.
         K.   Notarized certification by the owner or owners of the subdivision and the offer of the dedication of streets and other public areas and that there are no unpaid taxes or special assessments against the land contained in the plat.
         L.   Endorsement to be completed by the Law Director when land is to be dedicated for public use, certifying that all lands offered for dedication are free from encumbrances. The subdivider shall provide to the Law Director such instruments as are necessary to this determination.
         M.   Approval of the City Enginner that required improvements have been satisfactorily installed or adequate financial guarantees have been provided to the satisfaction of the Law Director.
         N.   Approval of plat by the Chairman of the Planning Commission.
         O.   Acceptance of dedication by Council.
         P.   Proper notations for transfer and recording by the County Auditor and County Recorder.
   (c)   Recording of Final Plat.
      (1)   Upon final approval of the plat by the Planning Commission and acceptance of the street dedication by Council, the plat shall be presented by the developer to the Stark County Auditor for transfer and the Stark County Recorder for recording. All fees required in connection with the above process are the responsibility of the developer.
      (2)   The tracing or a reproducable copy of the final plat, after it has been recorded by the developer, will be filed and retained in the office of the City Engineer and shall become and remain the property of the City.
         (Ord. 4-1978. Passed 3-6-78.)

1109.01 PURPOSE.

   The regulations in this chapter shall control the manner in which streets, lots and other elements of a subdivision are arranged on the land. These controls shall help insure convenient and safe streets, creation of useable lots, provision of space for public utilities, and reservation of land for recreational uses. The planning of attractive and functional neighborhoods shall be promoted, minimizing the undesirable features of unplanned, haphazard growth, and to encourage good water management.
(Ord. 4-1978. Passed 3-6-78.)
 

1109.02 PHYSICAL CONSIDERATIONS.

   (a)   Natural Land Use. Subdivisions should be planned to take advantage of the topography of the land to economize in the construction of drainage facilities, to reduce the amount of grading, and to minimize destruction of trees and topsoil.
   (b)   Land Suitability. If the Planning Commission finds that land proposed to be subdivided is unsuitable for subdivision development due to flooding, inadequate drainage, soil and rock formations with severe limitations for development, susceptibility to mud slides or earth slides, severe erosion potential, unfavorable topography, inadequate water supply or sewage disposal capabilities, or any other feature harmful to the health, safety or welfare of the future residents of the proposed subdivision or community; and if from investigations conducted by the public agencies concerned, it is determined that in the best interests of the public the land should not be developed for the purpose proposed, the Planning Comission shall not approve the land for subdivision unless adequate methods are advanced by the subdivider for solving the problem that will be created by the development of the land. (Ord. 4-1978. Passed 3-6-78.)

1109.03 STREET DESIGN.

   (a)   General Street Standards.
      (1)   The arrangement, character, extent and location of all streets conform to the adopted General Development Plan. The design of proposed streets shall provide for both the continuation of existing streets and access to adjacent unplatted lands so that the entire area can be served with a coordinated street system.
      (2)   Existing or projected collector streets in adjoining areas shall be continued in new subdivisions and local residential streets shall be continued to prevent dead-end streets.
      (3)   No street arrangement shall be approved that prevents convenient future access to adjoining undeveloped property.
      (4)   Local residential streets shall be designed so as not to offer direct routes to through traffic.
      (5)   Where a subdivision abuts or contains an existing or proposed arterial street, the Planning Commission may require marginal access streets, reverse frontage with screen planting contained in nonaccess reservation along the rear property line, deep lots with rear service alleys or other such treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic.
      (6)   Where subdivision borders on or contains a railroad right of way or limited access highway right of way, the Planning Commission may require a street parallel to and on each side of such right of way, at a distance suitable for the appropriate use of the intervening land, as for park purposes in residential districts, or for commercial or industrial purposes in appropriate districts. Such distances shall also be determined with due regard for the requirements of approach grades and future grade separation.
   (b) Street Classifications. Street classification is the designation of streets and highways into systems according to the function they perform. The systems used for the Street Classification are:
      (1)   Freeway. A divided multi-lane highway for through traffic with all crossroads separated in grade and with full control of access.
      (2)   Expressway. A divided arterial highway (not a freeway) for through traffic with full or partial control of access, medians, at grade intersections and some grade separations.
      (3)   Arterial. A general term denoting a highway primarily for through traffic usually on a continuous route. This facility provides for through traffic movement between areas across the County and to and from expressways. An arterial also provides access to abutting property but parking and loading may be restricted to improve the capacity for moving traffic.
      (4)   Collector. A street providing for traffic movement between major arterials and local streets and direct access to abutting property. This facility provides for the internal traffic movement within an area of the County.
      (5)   Local. A street or road whose present function is to provide access to residence, business or other abutting property. A local moves a vehicle from an individual property to the nearest collector. A local differs from a residential in that it has multi-family or commercial development or it has the potential to become a collector if future development occurs in adjacent areas.
      (6)   Residential. A street or road whose function is to provide access to residences or other abutting property. A residential moves a vehicle from an individual property to the nearest local or collector.
   (c)   Street Right Of Way.
Classification
Minimum Right of Way in Feet
Minimum Pavement Width
Freeway
150
2-24' pavements
Expressway
150
and median
Arterial
80
48+ turn lanes
Local-Collector-Residential
-Commercial
60-80
40
Residential-Multiple-Family, Single Family and Two-Family
50
30
(Ord. 4-1978. Passed 3-6-78.)
R-4 Single family, less than 1,000 feet in length
50
28
(Ord. 116-1991. Passed 8-5-91.)
   (d)   Intersections.
      (1)   Streets shall intersect as nearly as possible at right angles and no street shall intersect any other at less than a 70 degree angle.
      (2)   Intersections shall have centerline offsets of not less than 150 feet.
      (3)   Right-of-way lines at street intersections shall be rounded with a radius of not less than thirty-five feet for arterials and twenty-five feet for collectors, locals and residentials.
      (4)   Intersection sight distance standards shall be provided at all intersections of subdivision streets with existing highways as follows: intersections with arterial and collector streets, 350 feet; with local streets, 235 feet.
   (e)   Horizontal Alignment. Angles in the horizontal alignment of street lines shall be connected by a curve with a radius on the centerline of not less than 250 feet for local streets and 500 feet for collector streets. Between reverse curves there shall be a tangent of at least 100 feet on collector streets.
 
   (f)   Vertical Alignment. Vertical curves shall provide the following stopping site distances: arterials, 500 feet; collectors, 350 feet; and locals, 235 feet.
   Grades shall not exceed six percent (6%) on collector streets or ten percent (10%) on local streets except in the case of unusual topographic conditions as approved by the City Engineer. No street shall have a grade less than one-half of one percent (0.5%).
   (g)   Cul-de-sac. Streets designed to be permanently dead-ended shall not be longer than 600 feet and shall be provided at the closed end with a turnaround when approved by the Planning Commission. If such a street is of a temporary nature and a future extension into adjacent land is anticipated then such turnaround beyond the normal street width shall be in the nature of an easement over the premises included in the turnaround, but beyond the boundaries of the street proper. Such easements shall be automatically vacated to abutting property owners when the dead-end street is legally extended into adjacent land. If such dead-end street extends only one lot depth past a street intersection, no turnaround will then be required.
 
   (h)   Temporary Dead-End Streets. Temporary dead-end streets shall be permitted only when:
      (1)   No lots front, or can be designed to front, on a dead-end street.
      (2)   Lots front on a dead-end street that is no longer than 200 feet.
      (3)   The dead-end street is part of a street required by the Planning Commission and a temporary turnaround of a design satisfactory to the Planning Commission is provided.
   (i)   Half-Streets.
      (1)   Half-streets shall not be permitted except where such streets are essential to the reasonable development of the proposed subdivision in conformity with the other requirements of these regulations and where the Planning Commission finds that it will be practicable to require the dedication of the other half of the street when the adjoining property is subdivided.
      (2)   Wherever an existing half street is adjacent to a tract to be subdivided, the other half of the street shall be platted within such tract.
      (3)   Half-streets shall be not less than one-half the standard width for the appropriate street classification.
      (4)   Any plat dedicating a temporary dead-end or a half street shall include a plat restriction prohibiting any easement or right of access to the temporary dead end of half-street from any abutting or adjoining property save from lots platted in conformity with these Regulations.
   (j)   Street Name Signs. The subdivider shall install at his cost a street sign showing the names of all streets at all street intersections. The signs shall conform to the City's regulations as adopted by Council.
 
   (k)   Street Names. New streets which are extensions of, or in alignment with existing streets, shall bear the name of the existing street. New street names adopted must not be confusing with existing street names. All new streets shall be designated as follows:
General Directions
Designation
North and South
Streets
East and West
Avenues
Northeast-Southwest diagonals
Roads
Northwest-Southeast diagonals
Drives
Cul-de-sac or loop streets
Circles
Minor Residential Streets
North and South
Place
Minor Residential Streets
East and West
Lane or Court
   (l)   Planting Screens or Fences. The Planning Commission may require and permit planting screens or fences where reverse frontage lots abut a major arterial street or between a major arterial thoroughfare and marginal access street, provided that such planting screens or fences shall be submitted for approval with the final plat. (Ord. 4-1978. Passed 3-6-78.)
 

1109.04 BLOCK DESIGN.

   The minimum length of blocks shall be 600 feet while the maximum length shall be 1,500 feet. The minimum width of blocks shall be 300 feet. In blocks longer than 900 feet dedicated walkways shall be provided for pedestrian walks to render more direct access to community facilities and shopping areas. Such walkways shall be located in or near the center of the block or as extensions of sidewalks or walks in adjacent blocks. Pedestrian walkways when provided shall be at least eight feet wide concrete paved four inches thick and shall be dedicated as right of way for sidewalk purposes. However, these standards may be varied to provide for:
   (a)   Vehicular and pedestrian circulation within the subdivision and access to areas outside the subdivision.
   (b)   Limitations and opportunities of topography.
   (c)   Zoning requirements and the requirements contained in these Regulations as to lot size and dimensions.
   (d)   The character of existing and potential future development of areas surrounding the proposed subdivisions.
   (e)   Irregular shaped blocks, including super blocks, and indented cul-de-sacs containing interior public spaces, shall be acceptable when adequately designed and fitted to the overall plan.
      (Ord. 4-1978. Passed 3-6-78.)
 

1109.05 LOTS.

   (a)   Lots shall be arranged and designed to meet all zoning requirements of the district in which located and are appropriate to the location of the subdivision.
   (b)   Lots that are not served by a public sanitary sewer shall meet the area requirements established by the Ohio State Board of Health.
 
   (c)   No building site shall be created that does not front on a public street, except for Planned Unit Developments which contain privately owned streets maintained by a homeowner's association and planned commercial or industrial development.
   (d)   The average depth of a lot shall not exceed three and one-half times its average width.
 
   (e)   Double-frontage or reversed-frontage lots shall be prohibited except where they are deemed necessary by the Planning Commission to provide separation of residential development from traffic arteries or to overcome unusual topographic conditions. Building setback lines shall not be less than required by applicable zoning regulations. (Ord. 4-1978. Passed 3-6-78.)

1109.06 EASEMENTS; INSTALLATION OF UTILITIES; PUBLIC SITES AND OPEN SPACE.

   (a)   Easements.
      (1)   Electric, cable, and telephone lines shall be buried and located in easements at the front property line. When utilities are located underground, adjacent to a street right of way, there shall be provided an easement six feet wide off the front of the adjoining property. Light standards shall be located within the curb strip between the sidewalk and the street. (Ord. 19-2001. Passed 3-5-01.)
      (2)   Easements shall be provided on both sides of all drainage ditches or open watercourses. The width of drainage easements shall be sufficient to provide for access to the drainage course. It shall be wide enough for its reasonable protection, widening, deepening, realignment or enclosure.
   (b) Installation of Utilities. All the following utility improvements shall be installed prior to street construction and shall meet the following standards:
      (1)   Water.
         A.   All subdivisions shall have public water for domestic use and fire protection. Adequate size water mains properly connected to the public water supply system shall be provided.
         B.   All necessary fire hydrants, valves and fittings shall be installed under the direction of the proper City officials.
      (2)   Storm sewer. Proper and adequate disposal of storm water shall be provided. The type, extent, location and capacity of drainage facilities shall meet the design standards established by the City Engineer. All surface drainage facilities shall connect to an adequate drainage course. Land that is subject to flooding from time to time shall be provided with such improvements as may be required to remove flooding hazards from proposed subdivision lots.
      (3)   Sanitary sewers. Sanitary sewers shall be installed in any subdivision where such sewers can be connected by means of gravity fall to existing sewer facilities. At least one lateral shall be installed to the property line of each lot platted. Such laterals shall be sealed in accordance with the requirements of the City Engineer until used.
      (4)   Location. Utilities to be located in the street right of way shall be placed in the ground before any pavement is constructed in the proposed street, unless otherwise provided for by joint agreement of the City Engineer and the utility company.
         (Ord. 4-1978. Passed 3-6-78.)
      (5)   Street Lighting. The subdivider or developer shall be responsible for the cost of the installation of street lighting in accordance with design standards established by the City Engineer.
         (Ord. 19-2001. Passed 3-5-01.)
   (c)   Public Sites and Open Spaces. Where a proposed park, playground, school or other public use shown in the Massillon General Development Plan is located in whole or in part in a subdivision, the Planning Commission may require the dedication or reservation of such areas within the subdivision. Where large scale development occurs necessitating additional community facilities not shown in the General Development Plan, the Planning Commission may require the dedication or reservation of sites meeting the requirements for schools, parks and other neighborhood purposes. Public sites may be made available by one of the following methods:
      (1)   Dedication to public uses.
      (2)   Reservation of land for the use of property owners by deed or covenants.
      (3)   Reservation for acquisition by a public agency within a period of three years. Such reservation shall be made in such a manner as to provide for the release of the land to the subdivider in the event no public agency proceeds with the purchase.
         (Ord. 4-1978. Passed 3-6-78.)

1111.01 IMPROVEMENT PLANS AND SPECIFICATIONS.

   (a)   Drawings showing cross sections, profiles, elevations, construction details, and specifications for all required improvements shall be prepared by a professional engineer. The improvement plans shall be prepared in accordance with the standards set forth obligated to the conditions specified in these regulations.
 
   (b)   If it becomes necessary to modify the improvements as approved due to unforeseen circumstances, the subdivider shall inform the City Engineer in writing of the conditions requiring the modifications. Written authorization from the Planning Commission, upon approval by the City Engineer, to make the required modification, must be received before proceeding with the construction of the improvement.
 
   (c)   At completion of the construction, and before acceptance, the subdivider shall furnish the City Engineer a set of tracings for permanent record, showing the locations, sizes and elevation of all improvements as constructed.
(Ord. 4-1978. Passed 3-6-78.)

1111.02 PRECONSTRUCTION MEETING AND WORK SCHEDULES.

   Prior to the commencement of any project, a pre-construction meeting will be held at the City Engineer's Office. At this time, the project will be discussed in regard to procedure, materials, inspection, etc.
(Ord. 4-1978. Passed 3-6-78.)

1111.03 INSPECTIONS.

   (a)   Responsible Official. The City Engineer shall be responsible for the inspection of all street improvements including storm and sanitary sewers.
 
   (b)   Authority and Duties of Inspectors. Inspectors employed by the City shall be authorized to inspect all work done and all materials furnished. Such inspection may extend to all or any part of the work and to the preparation, fabrication or manufacture of the materials to be used. The inspector shall not be authorized to revoke, alter or waive any requirements of the specifications or plans. He shall be authorized to call the attention of the contractor to any failure of the work or materials to conform to the specifications and contract. He shall have the authority to reject materials which do not meet specification and contract. He shall have the authority to reject materials which do not meet specification requirements or suspend the portion of the work involved until any question at issue can be referred to and decided by the City Engineer. Periodic inspection during the installation of improvements shall be made by the Inspector to insure conformity with the approved plans and specifications as contained in the subdivider's construction agreements.
 
   (c)   Final Inspection. Upon completion of all the improvements the subdivider shall request in writing a final inspection by the City Engineer as required under Ohio R.C. 711.091. The Safety Service Director, City Engineer or his deputy shall make a final inspection of street, storm sewers, sanitary sewers and monuments. Inspections shall be promptly made after request.
 
   (d)   Overtime Inspection. Inspector's overtime, those hours worked on Saturday, Sunday, holidays and before 7:30 a.m. or after 4:00 p.m. on workdays, shall be the responsibility of the contractor and will be billed by the City to the contractor at the Inspector's base pay scale times 1 1/2 plus an additional thirty percent (30%) representing fringe benefits.
(Ord. 4-1978. Passed 3-6-78.)

1111.04 CONSTRUCTION RESPONSIBILITIES.

   (a)   Cooperation of Subdivider and/or Contractor. The subdivider and/or contractor shall have available on the project at all times, a clearly reliable copy of all required plans and specifications. He shall cooperate with the Inspector and with other contractors in every way possible. The subdivider and/or contractor shall at all times have a competent representative acting as his agent on the project. The representative shall be capable of reading and thoroughly understanding the plans and specifications and he shall receive instructions from the Inspector. The representative shall have full authority to execute the orders or directions of the Inspector and to promptly supply such materials, tools, plant equipment and labor as may be required. The Inspector's orders should be executed without delay. A representative shall be furnished irrespective of the amount of work sublet.
 
   (b)   Grade Stakes. Pavement and pipe grade stakes shall be set at twenty-five foot intervals. The Inspector may ask for additional grade stakes if it is deemed necessary. Other means of line and grade may be used as approved by the City Engineer.
   (c)   Repair or Damage. Any damage done to the improvements by construction traffic, local traffic or by any other means shall be repaired or the damaged materials replaced in a satisfactory condition.
 
   (d)    Erosion Control. The subdivider and/or contractor shall take necessary procedures to prevent erosion and downwash of grits and sediments into adjoining properties or existing drainage faciltiies. No project will be released from bond from failure to comply with this regulation without cleanup and repair of damages. The City Engineer may request stoppage of work during construction if he deems it necessary to protect outside facilities, but failure to do so may not relieve owner of downstream liabilities. Final inspection requires all drainage facilities free from depositions of erosion or construction debris.
 
   (e)   Final Cleaning Up. Upon completion of the work and before acceptance, the subdivider and/or contractor shall clean all ground occupied or affected by him in connection with the work. The entire area shall be left in a neat and presentable condition.
 
   (f)   Maintenance of Improvements. The subdivider shall be responsible for the maintenance of the improvements installed and shall be responsible for providing the services necessary to guarantee access to all the occupied lots, including snow removal, until final acceptance upon recommendation by the City Engineer. The performance of such work shall be guaranteed by a maintenance bond, the amount of which shall be determined by the City Engineer and approved by the Planning Commission. The subdivider shall maintain all improvements for such periods as specified in Section 1113.03.
(Ord. 4-1978. Passed 3-6-78.)

1111.05 SUPPLEMENTARY IMPROVEMENTS.

   Where the City Engineer determines that improvements in excess of the size needed to serve the proposed subdivision are necessary to facilitate the orderly development of nearby land which is an integral part of the neighborhood service or drainage area, the subdivider shall install all improvements required to serve his subdivision plus the additional oversized and off-site improvements required. The City shall at its option reimburse the subdivider for the difference in cost between the minimum standards and the oversized improvements occuring within the boundaries of the subdivision. Such improvements shall be available for connections by individual property owners and/or subdividers of adjoining land.
(Ord. 4-1978. Passed 3-6-78.)
 

1111.06 AGREEMENTS AND GUARANTEES.

   All bonds and insurances required under this section shall be approved by the Law Director and shall be deposited and remain at all times with the Engineer. (Ord. 4-1978. Passed 3-6-78.)

1111.07 PAVEMENT.

   See Standard Drawings. All methods of construction, materials and machinery used shall meet the requirements of the most recently published State of Ohio Construction and Materials Specification. Subgrades shall be inspected and approved by the City Engineer before any materials are placed. Soil tests for pavement design and compaction tests on fills and trenches are required and the test results are to be submitted to the City Engineer for his review. All testing is to be conducted by a competent soils lab and all costs associated with such testing shall be the responsibility of the developer. (See Section 1115.01 for soil testing specifications. Roadway sections and details are shown on Standard Drawings.) (Ord. 4-1978. Passed 3-6-78.)

1111.08 CURB AND GUTTER.

   Concrete curb and gutter, separate or integral with pavement, shall be provided for all roadway sections as required in the manner indicated by the typical cross sections in the Standard Drawings.
(Ord. 4-1978. Passed 3-6-78.)
 

1111.09 SIDEWALKS.

   Sidewalks of a minimum width of four feet in One and Two-Family Residential Districts and five feet in Multiple Family Residential Districts, Commercial Districts and along collector and arterial roadways shall be provided in the location shown by the typical cross sections. Sidewalks shall be constructed of concrete, four inches thick with the thickness increased to six inches where the sidewalk is crossed by a driveway. Sidewalks shall be required in areas zoned Commercial, Multi-Family, Duplex, R-1, Single Family and in R-2, R-3 Single Family areas within one-fourth of a mile of schools, parks, commercial areas and along all collector and arterial roadways.
(Ord. 4-1978. Passed 3-6-78.)

1111.10 STORM SEWERS.

   Storm sewers and, where necessary, under drains shall be provided for all roadway sections as required in Section 1111.12.
(Ord. 4-1978. Passed 3-6-78.)
 

1111.11 MONUMENTS.

   A monument shall be accurately placed at each corner and at changes in direction of the boundary of the subdivision, at each street intersection at the property line, at points of curves of streets, and at intermediate points as may be required by the City Engineer. The top of the monument shall be set at the finished grade upon the completion of the grading of the streets and lots. Iron pins shall be set at all lot corners. If monuments are not installed prior to recording, a certified check shall be deposited with the City in an amount to be specified by the City Engineer. This check shall be returned when monuments are installed according to plat requirements.
(Ord. 4-1978. Passed 3-6-78.)

1111.12 DRAINAGE REQUIREMENTS.

   (a)   General Requirements.
      (1)   Subdivisions shall be protected from flood hazard and inundation by storm water, springs and other surface waters. The design and construction of drainage facilities shall be such that all watercourses traversing the subdivision and water emanating from outside and/or within the subdivision will be carried through and off the subdivision without any injury to roadway, residential sites or residences to be installed within the tract.
      (2)   Existing watercourses entering the subdivision shall be received and discharged from the subdivision as nearly as possible in the manner as existed prior to construction of the drainage facilities within the subdivision. Design of drainage facilities within the subdivision watershed. Run-off water originating in a subdivision shall be drained to an adequate outlet. All acts of pollution as defined in Ohio R.C. 6111.01(A) shall be prohibited. Also no "sewage," "industrial wastes," or "other wastes," as defined in Ohio R.C. 6111.01, may be discharged into any watercourse from the subdivision.
      (3)   A drainage plan shall be submitted simultaneously with the plat of any subdivision, showing the proposed scheme of surface drainage. All necessary facilities including underground pipe, inlets, catch basins or open drainage ditches shall be installed to provide for the adequate disposal of subsurfaces and surface water and maintenance of natural drainage courses. The types and sizes of all drainage facilities used to carry water through and off the subdivision must be approved by the City Engineer. Open drainage ditches, should they be included on any plat, require the special approval of the Planning Commission.
      (4)   Where an adequate public storm sewer main is available at the plat boundary the subdivider shall construct a storm sewer system to connect with the storm sewer main. If such storm sewer systems are not accessible, adequate storm drainage shall be provided by storm sewers with easements of adequate width as approved by the City Engineer.
      (5)   As a safety measure for the protection of the health and welfare of the people of the City, the Planning Commission shall reserve the right to disapprove any subdivision which is subject to periodic flooding, contains extremely poor drainage facilities or has other physical impairment. However, if the subdivider agrees to make such improvements, as will make the area completely safe for residential occupancy, provided that in lieu of the improvements the subdivider shall furnish a surety bond or a certified check covering the cost of the required improvements, the subdivision may be approved subject, however, to the approval of the Board of Health and the City Engineer.
   (b)   Design of Drainage Facilities.
      (1)   Hydrologic design. Drainageways for those waterways set forth in an adopted master plan for drainage for the County shall be designed and constructed for the quantities of water indicated in such master plan. All other drainageways shall be designed in accordance with the following frequencies:
         A.   Major waterways. Major waterways are defined as those with a tributary area in excess of six square miles. Such major waterways shall be designed for an average recurrence interval of fifty years.
         B.   Secondary waterways. Secondary waterways are defined as those with a tributary area of between one-half and six square miles. Such secondary waterways shall be designed for an average recurrence interval of ten to twenty-five years.
         C.   Minor waterways. Minor waterways are defined as those with 320 acres or less of tributary area. Such minor waterways shall be designed for an average recurrence interval of five to ten years.
            Design quantities of flow for major waterways and waterways included in an adopted master plan for drainage will be provided the subdivider by the City. Design flows for secondary waterways shall follow the procedures outlined in Circular No. 4 of the Hydraulics Branch of the Bureau of Public Roads. Design flows for minor drainage facilities shall be computed by the use of the National formula:
 
(Q = CiA)
WHEREIN: Q = Cubic feet per second
 
C = Run-off coefficient
 
i = Intensity of rainfall,
inches per hour
 
A = Tributary area
            Basic data prerequisite to the determination of "Q" and "i" will be made available to the subdivider of the City.
      (2)   Hydraulic design. The hydraulic designs of the subdivision shall be such that, after accumulating all energy losses through the various drainage transmission systems within the subdivision, depth of flow in the streets shall not exceed curb heights for five year average recurrence intervals and for more remote events depth of foundations or easements in residences constructed within the subdivision for twenty-five years average recurrence intervals. Site grading within the subdivision shall be such that all lots will readily drain in areas where topography is less than two percent (2%) or greater than ten percent (10%). A lot drainage plan shall be submitted.
      (3)   Structural design. All bridges, culverts, catch basins, manholes, inlet structures, etc., placed within the subdivision shall conform to standard plans on file with the City. Structural design of all drainage facilities shall be subject to the approval of the City Engineer.
         A.   Open channels. Minimum centerline radius of constructed channels shall be a minimum of five times the top width of the channel. Minimum bottom width of constructed channels shall be six feet.
            1.   Earth channels constructed within the subdivision shall have side slopes of 3:1 or flatter. Revetment, bank stabilization and stream bed stabilization, along constructed or natural channels, will be required if the channel velocities are sufficient to cause bank or invert erosion.
            2.   The top of the bank shall be so graded that side drainage will enter channels only at points where structures are provided to prevent bank erosion. The design of open channels shall be in accordance with the Bureau of Public Roads publication,"Design of Roadside Drainage Channels," Hydraulic Design Series No. 4. Earth channels constructed within the subdivision in those areas not revetted, shall be seeded over the prepared area (fertilized and limed) with a mixture of 55 lbs. of Kentucky Blue Grass (Poa Pratensis) and 75 lbs. of Creeping Red Fescue (Festuca rubra) per acre to establish a vegetative cover.
         B.   Closed conduits. Excepting for adequate natural waterways as hereinafter defined and except for allowable gutter flows, all storm drainage within the subdivision which is capable of being transmitted in a reinforced concrete pipe sixty inches or less in diameter, shall be carried in a closed conduit. Minimal conduit size shall be twelve inches diameter PCP or fifteen inches diameter OMP. Minimum clearance between top of pipe and ground shall be fifteen inches.
            1.   The alignment of closed conduits shall be as nearly straight as practicable without undue bends and angle points. Manholes or catch basins shall be provided at all angle points and at intervals not to exceed 300 feet along the conduit. Inverted siphons shall not be permitted except for temporary structures.
            2.   Plain concrete pipe or equivalent may be used outside of road right of way provided the strength of such pipe is sufficient to withstand loads imposed on it. In areas having runoff water with acid content or other corrosive effects, all pipes shall be provided with additional lining to assure a project life of fifty years. The above-stated pipe policy and the pipe policy used by the Ohio State Highway Department shall be used in designing storm sewer systems.
         C.   Bridges. All drainage structures having a span of ten feet or greater and all pipes having a diameter or span of ten feet or greater shall be defined as bridges. All calculations and plans pertaining to bridges shall require both preliminary and final approval from the City Engineer.
         D.   Culvert.
            1.   Minor culvert. All culverts having a diameter of thirty-six inches or less shall be designated as minor culverts and shall be subject to the same requirements as "Closed Conduits." Minor culverts should extend from row to row.
            2.   Major culvert. All culverts having a diameter greater than thirty-six inches shall be designated as major culverts. All major culverts shall be designed in accordance with the requirements of Circular No. 4 of the Hydraulics Branch of the Bureau of Public Roads and shall be subject to the approval of the County Bridge Engineer. Major culverts should extend from row to row.
   (c)   Easements for Drainage Purposes.
      (1)   Easements for closed conduits and appurtenances thereof. An easement of not less than twenty feet in width and sufficient to contain the closed conduits shall be dedicated on the final map of the subdivision as "Public Drainage Easement."
         Drainage easements for closed conduits shall not traverse a building site and shall, insofar as possible, be placed along or adjacent to lot boundary lines in a straight alignment without angle points.
      (2)   Easements along streams. Whenever any stream or important surface drainage course is located within the area being subdivided, the subdivider shall provide a permanent easement of sufficient width dedicated to the proper authority for the purpose of widening, deepening, relocating, improving or protecting the stream for drainage or public use.
   (d)   Drainage Plans. The preliminary subdivision map shall include and shall have appended to it sufficient data for the City Engineer to check the feasibility of the drainage system as proposed by the subdivider. The following data shall be provided:
      (1)   Hydrologic calculations. At all critical points within the subdivision the following information shall be shown.
         A.   Tributary drainage areas delineated on the map.
         B.   Times of concentration.
         C.   Intensity.
         D.   Runoff coefficient.
         E.   Design flow.
      (2)   Hydraulic calculation.
         A.   The plan and profile of all drainageways shall be provided including a cross section of open channels showing the maximum depth of flow.
         B.   Sizes and types of drainage improvement shall include all special structures, typical sections and easement widths.
         C.   Supporting calculations for upstream and downstream channel capacities as they affect overflow or backwater within the subdivision. Such calculations shall be substantiated by such additional survey information as is required to determine profile and cross-section of the upstream and downstream channel reaches under consideration.
         D.   Sufficient contours and grading details to indicate proposed street grades and elevations and site grades and elevations throughout the subdivision.
   (e)   Construction Plans. The final construction plans for drainage within the subdivision shall conform to the provisions of this chapter and to any special conditions as required by the Planning Commission in approving the preliminary map. All construction plans shall be stamped with the seal of a professional engineer registered in the State as required by Ohio R.C. Ch. 4733. Such construction plans for drainage shall be approved by the City Engineer prior to the construction of any drainage facilities within the subdivision. (Ord. 1978-4. Passed 3-6-78.)

1111.13 MOBILE HOME PARKS AND SUBDIVISION.

   (a)   All land that is subdivided for the purpose of renting, leasing or selling lots to be utilized as mobile home sites shall be subject to these subdivision regulations.
 
   (b)   No application for a mobile home park or subdivision shall be approved by the Planning Commission unless the following requirements are met:
      (1)   A mobile home subdivision/park shall consist of a minimum of ten lots.
       (2)   A mobile home subdivision/park or more than 100 mobile home lots shall have more than one point of ingress and egress to a public street or highway.
      (3)   Each lot to be utilized as a mobile home site shall for the purpose of parking a mobile home contain a concrete pad of a minimum area of fourteen by sixteen feet.
      (4)   All utility installations, including but not limited to electric power lines, telephone lines, and cable television lines and the service connection, therefor, shall be underground.
      (5)   No on street parking shall be permitted on internal streets.
      (6)   All internal streets within the park shall have as a minimum standard a street right of way of fifty feet with thirty feet of pavement.
      (7)   All mobile home subdivisions, for the purpose of multiple ownership shall meet the R-1 minimum lot size of 7,800 square feet per unit. (Ord. 1978-4. Passed 3-6-78.)

1111.14 COMMERCIAL AND INDUSTRIAL SUBDIVISION.

   Commercial and Industrial Subdivisions shall meet all applicable requirements as set forth in the Subdivision Regulations. All internal street design and construction shall meet all standards of roadway construction as outlined in Sections 1111.01 to 1111.10 and Chapter 1115. It shall be the perogative of the Planning Commission to alter any requirements for a development of an unusual design or nature. (Ord. 1978-4. Passed 3-6-78.)

1113.01 CONSTRUCTION AGREEMENT.

   (a)   To assure construction and installation of improvements required by these Subdivision Regulations, the subdivider shall execute a construction agreement with the Safety-Service Director in form and substance approved by the Law Director. This agreement shall provide that all such improvements shall be constructed and installed at the subdivider's expense in compliance with the standards and specifications for each of the various types of improvements; such improvements shall be available to and for the benefit of the lands within such subdivision; that such improvement will be completed and installed within two years of the date of approval of the final plat. Any further provisions that the Law Director may deem necessary in the public interest may be added.
 
   (b)   The construction agreement shall further provide that, in the case where approval of the final plat has been given before construction of improvement and a performance guarantee has been provided and if the improvements are not completed within the specified time, the City, upon proper notice, may complete the improvements and recover full costs and expenses thereof from the subdivider and may appropriate such portion of money or bonds posted for the faithful performance of such works.
(Ord. 1978-4. Passed 3-6-78.)

1113.02 INSTALLATION OF UTILITIES AND PERFORMANCE GUARANTEE.

   (a)   The public utilities and other required improvements required herein shall be installed, or their installation guaranteed, in conformance with the provisions of those regulations before the issuance of a permit to construct a building upon a lot and before the sale or lease of a lot.
 
   (b)   The developer may execute and file with the City Engineer guarantees in lieu of actual installation or completion of the required improvements. Such guarantees may be in the form of a performance or surety bond, a certified check or any other type of a surety approved by the Law Director.
      (1)   The financial guarantees shall be in an amount equal to the estimated total cost of materials and labor required to install or construct the improvements. Such costs shall be verified by the City Engineer. When any portion of an improvement has, upon inspection, been found satisfactorily completed, a reduction in the bonds, or partial withdrawal of funds equal to the estimated costs of such completed improvements, may be authorized by the City Engineer and Safety-Service Director.
      (2)   The terms of such guarantees shall be determined by the Planning Commission, however, they shall not be for a period of more than two years unless the Safety-Service Director, by resolution, extends the time.
         (Ord. 1978-4. Passed 3-6-78.)

1113.03 MAINTENANCE GUARANTEES.

   (a)   The maintenance bond shall be of such amount as determined by the City Engineer and approved by the Safety-Service Director and shall be arranged for a period of one year from date of acceptance of improvements by the City Engineer.
 
   (b)   The maintenance bond shall be determined by taking into consideration topography, soil conditions, and prevailing costs of labor and materials. No maintenance bond shall be less than one thousand dollars ($1,000).
   (c)   The subdivider shall be responsible for routine maintenance of all improvements and shall repair all failures due to faulty construction as soon as they become apparent.
 
   (d)   He shall also make repairs due to erosion or abuse by utility companies installing utilities and shall repair all failures for all other reasons during the maintenance bond period. He shall restore the roads and streets at the end of the maintenance period.
(Ord. 1978-4. Passed 3-6-78.)

1113.04 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 herein. In the event any such unapproved plat is recorded, it shall be considered invalid and Council shall institute proceedings to have the plat stricken from the County records.
(Ord. 1978-4. Passed 3-6-78.)

1113.05 REVISION OF PLAT AFTER APPROVAL.

   No changes, erasures, modifications, or revisions shall be made in any plat of a subdivision after approval has been given by the Planning Commission and an endorsement is made in writing on a plat, unless the plat is first resubmitted and the changes approved by the Planning Commission.
(Ord. 1978-4. Passed 3-6-78.)

1113.06 FEES.

   (a)   Filing fees in the amount fixed as follows shall be paid when the application is submitted.
      (1)   Preliminary plat fees:      $100.00 plus $4.00 per lot
      (2)   Final plat fees:      $100.00 plus $4.00 per lot
      (3)   Preliminary plan time
          extension fee:      $25.00
      (4)   Preliminary plat re-
          submitted fee:      Where the approved preliminary plan has not been changed but the approval period has expired, the fee shall be one-half the preliminary plan fees.
   The filing fee shall be paid in local tender or by check or money order made payable to the City of Massillon and deposited with the Planning Department. No plat shall be considered filed until the above fees have been so deposited.
   (b)   Plan Checking and Field Inspection Fees. At the time such plans, profiles, and specifications are submitted for review, the City Engineer shall prepare an estimate of cost for office checking of all improvement plans. The subdivider shall thereupon deposit with the City an amount of money equal to such estimated cost. All work done by the Engineer in connection with checking, computing and correcting such plans for improvements shall be charged against such deposit. Plan checking fee shall be based upon the following schedule:
   $200.00 plus $50.00 per Acre for the initial review.
$200.00 for each additional review. Major field changes involving extra work or material may require a recalculation of the fees at the discretion of the City Engineer.
   The subdivider shall also pay to the City a fee to defray the cost of field inspection of the improvements. The inspection fee shall be determined by the City Engineer based upon the following schedule:
   Flat fee of 1% of the estimated construction cost. Said fee shall be calculated using the engineer’s itemized cost estimate and shall be the same cost estimate used in calculating the performance bond amount as required in Section 1113.02. Major field changes involving extra work or material may require a recalculation of the fees at the discretion of the City Engineer. Said additional extra work shall be billed to the developer at $45.00/hr.
   The subdivider is held responsible for inspection fees which will be payable upon commencement of improvements. The performance bond posted by the subdivider guarantees the payment of all inspection fees and no bonds will be released until all inspection fees have been paid in full.
   (c)   Recording Fees: The developer shall be responsible for any and all fees charged to the Stark County Auditor and Stark County Recorder regarding the recording and transfer of the final plat and related documents.
(Ord. 83-2009. Passed 8-3-09.)

1113.07 VARIANCES.

   The Planning Commission may grant variances to these Subdivision Regulations where unusual or exceptional factors or conditions require such modification provided that the Planning Commission shall:
   (a)   Find that unusual topographical or exceptional physical conditions exist.
   (b)   Find that strict compliance with these regulations would create an extraordinary hardship in the face of the exceptional conditions.
   (c)   Permit any modification to depart from these Subdivision Regulations only to the extent necessary to remove the extraordinary hardship.
   (d)   Find that any modification granted will not be detrimental to the public interest nor in conflict with the intent and purpose of these Subdivision Regulations.
   (e)   Require such other conditions to be met by the proposed plat as the Planning Commission may find necessary to accomplish the purpose of these Subdivision Regulations when modified.
      (Ord. 1978-4. Passed 3-6-78.)

1113.08 APPEALS.

   Rights of appeal shall be as set forth in Ohio R.C. Chapter 711 or other applicable sections of the Ohio Revised Code.
(Ord. 1978-4. Passed 3-6-78.)
 

1113.09 SEVERABILITY.

   If any article, section, paragraph, clause, phrase, or part of these Subdivision Regulations is held invalid by a court, such judgment shall not affect the validity of the remaining provisions of these Regulations.
(Ord. 1978-4. Passed 3-6-78.)
 

1113.99 PENALTY.

   (a)   Whoever willfully violates any rule or standard herein adopted by Council or fails to comply with any order issued pursuant thereto, shall be fined not more than one thousand dollars ($1,000).
   (b)   Such sum may be recovered with costs in a civil action brought in the court of common pleas in the County in which the land lies relative to which such violation occurred, by the legal representative of the City, in the name of the City.
 
   (c)   Written notice shall be served upon persons acting in violation of these Regulations. Such written notice shall describe the violation, remedies required and penalties provided by law.
(Ord. 1978-4. Passed 3-6-78.)

1115.01 STANDARDS.

   (EDITOR'S NOTE: Minimum pavement standards shall be as set forth in the table at the end of this chapter.)
   Arterial streets shall be a pavement design equal to or greater than that required for Commercial and Industrial streets dependent upon soil tests, projects traffic volumes and required pavement width. The design shall be approved by the City Engineer. Walks, curbs, and gutters are required along full length of Street.
NOTE: R-1, R-2, R-3, R-T and RM refer to zoning classifications.
NOTE: 452 concrete may be laid on native material if the CBR is 9 or greater.
NOTE: 301, 304 and 402 base may vary in accordance with soils tests.

1115.02 GENERAL CONSTRUCTION.

   (a)   All methods of construction, materials and machinery used shall meet the requirements of the most recently published State of Ohio, Department of Transportation, Construction and Material Specifications unless otherwise ordered by the Engineer.
 
   In all cases topsoil shall be removed and subgrade compacted.
ITEM
DESCRIPTION
301
Bituminous Aggregate Base
304
Aggregate Base
402
Asphalt Concrete
404
Asphalt Concrete
407
Tack Coat
408
Bituminous Prime Coat
452
Plain Portland Cement Concrete Pavement
   (b)   All concrete to be used in improvements shall be at least A G bag mix with limestone aggregate. Limestone shall be of the type that will resist smalline.
 
   (c)   Before any earth work is started, the developer shall, at his own expense, have the soils tested by an experienced registered engineer or laboratory. These soils tests are to be paid by the developer and shall be used to determine subbase and base requirements.
      (1)   Soils test for pavement design shall be C.B.R. Test (California Bearing Ratio). Procedures for conducting CBR tests shall be as described in ASTM Standard 1883, or AASHO Standard T-193.
      (2)   Traffic analysis or traffic intensity to be used are as follows:
 
Residential streets (local)
DTN=1
Collector Streets
DTN=20
Light Arterial & Light Industrial Streets
DTN=100
Arterial Industrial
to be determined by City Engineer.
      (3)   Where drainage is unusually difficult and subgrades may be appreciably weakened by frost action due to moisture, normal design thickness shall be increased. Select Barrow soil shall be placed or special under drainage shall be required.
      (4)   All earthwork shall be compacted mechanically to ninety-five percent (95%) of maximum dry density. Such compaction shall be tested at the developer's expense.
   (d)   All utilities. Sanitary, gas, water, storm and foundation drains to storm sewers shall be installed to the street right-of-way line, so it will not be necessary to remove and repair new improvements.
 
   (e)   The City Engineer shall have the right to alter these standards to insure the completed project will be of a quality that is deemed necessary.
TABLE A
Minimum Pavement Standards
Type Street
Subbase
Prime Coat
Base
Tack Coat
LOCAL:
Requirements based upon soil tests
See General Construction Notes
R1, R2, R3
Alternate 1
"
Alternate 2
"
408
4" 301
407
Alternate 3
"
408
1.5" 402
407
LOCAL: R-T Duplex, Multi-Family & Collector St.
Alternate 1
"
Alternate 2
"
408
8" 304
407
Alternate 3
"
408
8" 304
407
COLLECTOR Commercial & Industrial:
Alternate 1
"
Alternate 2
"
408
7 1/2" 301
407
Alternate 3
"
408
9" 304
407
Surface
Pavement Width
Curb & Gutter Required
Walk Required
Unapproved Right of Way
in R-1 See Sec.
grass and seeded
7" 452
30'
Yes
Yes 1111.09
1.5" 404
30'
Yes
Yes for
1" 404
30'
Yes
Yes R2-R3
7" 452
40'
Yes
Yes
grass and
1.5" 404
40'
Yes
Yes
seeded
1.5" 404
40'
Yes
Yes
8" 452
40'
Yes
Yes All Comm., & Ind. areas along Coll.
grass and
1.5" 404
40'
Yes
& Arterial
seeded
1.5" 404
40'
Yes
Streets only