Mcdonald City Zoning Code
TITLE SEVEN
Subdivision Regulations
1151.01 SHORT TITLE.
This Title Seven of this Part Eleven - Planning and Zoning Code shall be known and may be cited as the "Subdivision Regulations of the Village of McDonald, Ohio" and shall hereinafter be referred to as "these Regulations".
(Ord. 2744-97. Passed 7-16-97.)
1151.02 INTERPRETATION AND PURPOSE.
(a) In their interpretation and application, the provisions of these Regulations shall be held to be the minimum requirements adopted for the protection of the public health, safety and welfare. To protect the public, among other purposes, such provisions are intended to provide for permanently wholesome community environment, adequate municipal services and safer streets and highways.
(b) The purpose of these Regulations is to secure an orderly efficient and economic development of the Village of McDonald.
(c) Subdivided land shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood or other menace.
(d) Proper provisions shall be made for adequate drainage, water, sewerage and other needed improvements.
(e) All proposed lots shall be so laid out and of such size as to avoid congestion of population and shall be in harmony with the development pattern of the neighboring properties.
(f) Land shall not be subdivided where the results of such subdivision would place a disproportionate burden on public funds in supplying public services.
(g) The proposed streets shall compose a convenient system and shall be of such width, grade and location as to accommodate the prospective traffic to afford adequate light and air, to facilitate fire protection and to provide access to firefighting equipment to buildings.
(Ord. 2744-97. Passed 7-16-97.)
1151.03 EFFECTIVE DATE.
These Regulations shall be effective following adoption by Council and the Planning Commission. Henceforth, any other regulations previously adopted by the Council or the Planning Commission shall be deemed to be repealed. These Regulations shall in no way affect any subdivision having received preliminary approval by the Planning Commission prior to the effective date; provided, however, that no changes to the preliminary plan as approved are introduced by the subdivider.
(Ord. 2744-97. Passed 7-16-97.)
1151.04 SCOPE.
These Regulations shall not apply to any lot or lots forming a subdivision or part thereof, created and/or recorded prior to the effective date of these Regulations. Nor is it intended by these Regulations to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws, regulations, or restrictions placed upon property by deed, covenant or other private agreement, or with restrictive covenants running with the land to which the Village is a party. Where these Regulations impose a greater restriction upon land than is imposed or required by such existing provisions of law, ordinance, contract or deed, the provisions of these Regulations shall control. These Regulations shall govern the development of all types of land uses, and it is the intent of these Regulations to develop a sound and wholesome community by regulating the design and improvements of all new subdivisions and/or redevelopment projects.
(Ord. 2744-97. Passed 7-16-97.)
1151.05 JURISDICTION.
No person shall subdivide or lay out into lots any land within the Village unless it be by a plat complying with the regulations herein contained, and no plat shall be recorded and no lot or land shall be sold from any such plat until such plat has been approved as herein required.
It shall be unlawful for any person to circumvent the provisions of these Regulations by lease or by the sale of parcels, by metes and bounds.
(Ord. 2744-97. Passed 7-16-97.)
1151.06 AUTHORITY AND ADMINISTRATION.
Village Council and the Planning Commission by virtue of the provisions of Ohio R.C. Chapter 711, and more of the specifically Sections 711.10 and 711.101, are authorized subject to the holding of required public hearing, to adopt rules and regulations covering plats for subdivisions of land, and to approve, conditionally approve, or disapprove plats or subdivisions of land falling within their jurisdiction. Administration of the rules and regulations contained herein shall be the responsibility of the Planning Commission and Council.
The Planning Commission, by virtue of the authority granted by Ohio R.C. Chapters 713 and 735 or such statutes hereinafter in effect, may prepare, or request the Village Engineer to prepare plans for unsubdivided or improperly subdivided areas to show a pattern of future streets and public open spaces. After the required public hearing has been held, such plans or portions thereof may be adopted by the Commission and Council and recorded, and thereafter no subdivision may be approved and no street may be approved or accepted, except that it conforms substantially to such recorded plan; and no permit may be issued for construction of a building or structure on land shown within the right-of-way of any proposed future street until such right-of- way has been acquired or reserved; however, such permit may not be withheld for more than ninety days or such extended time as is mutually agreeable by the Village and the owner.
(Ord. 2744-97. Passed 7-16-97.)
1151.07 DEFINITIONS.
(a) As used in these Regulations:
(1) “Block” means a piece or parcel of land entirely surrounded by public highways, public streets, streams, or parks, etc., or a combination thereof.
(2) “Building setback line” means a line indicating the minimum horizontal distance permitted between a building and a street right of way.
(3) "Clerk" means the Clerk of the Village of McDonald, Ohio.
(4) "Commission" means the Planning Commission of the Village of McDonald, Ohio.
(5) "Council" means the Village Council (legislative authority) of the Village of McDonald.
(6) "County" means Trumbull County, State of Ohio.
(7) "Curb" means the raised edge of a pavement to confine surface water to the pavement and to protect the abutting land from vehicular traffic.
(8) "Devil strip" means a strip of undedicated land along the border of a subdivision to prevent public access, Also known as a "spite strip" or “reserved strip".
(9) "Easement" means a grant by the owner of the land to a person or persons; a utility company, public or private; or to the general public for a specified purpose.
(10) "Engineer" means a registered engineer authorized to practice Civil Engineering as defined by the Engineer's Registration Act of the state of Ohio.
(11) “Final plat" means the final map, drawing or chart on which the subdivider's plan of subdivision is presented to the Planning Commission for approval, and which, if approved, will be submitted to the Recorder of Trumbull County, Ohio.
(12) "Frontage” means the horizontal, whether straight or curvilinear distance along the street line upon which a lot abuts.
(13) "Grade" means the slope expressed in a percent which indicates the rate of change of elevation in feet per hundred feet.
(14) "Gutter" means that portion of a right-of-way, whether paved or sodded, carrying surface water or drainage.
(15) "Improvements" means pavements, curbs, gutters, sidewalks, water mains, sanitary sewers, grading, street signs and plantings, and other items for the welfare of the property owners and the public.
(16) "Location map" means a map showing the site with relation to adjoining areas.
(17) "Lot" means a parcel of land intended for transfer of ownership or building development, having its full frontage subject to the application of these Regulations.
(18) "Corner lot" means a lot abutting upon two streets at their intersection.
(19) "Double frontage lot" means a lot fronting on two parallel streets.
(20) "Interior lot" means a lot fronting upon a street, but which is surrounded by other lots on its other three sides.
(21) "Lot area" means the gross area of the lot exclusive of the street right-of- way.
(22) "Lot depth" means the average horizontal distance between the front and rear lot lines.
(23) "Lot width" means the horizontal distance between the side lot lines measured at the minimum building setback line.
(24) "Master Plan" means the Comprehensive Plan (which may consist of several maps, data, etc.) or any portion thereof, made and adopted by the Planning Commission and which shows the general location and extent of physical facilities including major streets and main thoroughfares, parks, schools, and other public open spaces and public building sites.
(25) "Mayor" means the Mayor of the Village of McDonald, Ohio.
(26) "Official Map” means the map established by the Planning Commission showing the streets, highways and parks theretofore laid out, adopted and established by law, and any amendments thereto adopted by the Council and the Commission or additions thereto resulting from the approval of subdivision plats by the Planning Commission and the subsequent filing of such approved plats.
(27) "Major Thoroughfare Plan" means the officially adopted plan designating a system of principal or major streets for traffic intercommunication.
(28) "Owner" means any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under these Regulations.
(29) "Parcel" means an area of land.
(30) "Pavement" means that portion of a highway, street or alley right-of-way having an improved hard surface.
(31) "Performance bond" means an agreement by and between a contractor and a bonding company in favor of the subdivider or by and between a subdivider and a bonding company in favor of the Village guaranteeing the completion of physical improvements.
(32) "Planting strip" means the area within a right-of-way between the edge of the pavement and the property line. It is also known as the tree lawn or park strip.
(33) "Preliminary plan (plat)" means the preliminary map, drawing or chart indicating the proposed layout of the subdivision.
(34) "Right-of-way" means a strip of land intended or used for public transportation or for a public utility, which is dedicated to the public.
(35) "Sidewalk" means that area within the right-of-way for pedestrian use.
(36) "Solicitor" means the Solicitor or legal advisor of the Village.
(37) "Surveyor" means any person authorized to practice surveying as defined by the Surveyor's Registration Act of the State.
(38) "Thoroughfares, highways, streets and alleys”
A. "Street" means a way for vehicular traffic, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place or however otherwise designated.
B. "Alley" means a minor way which is used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street. Alleys shall not provide the main frontage of any parcel or lot.
C. "Arterial highway, arterial street or major thoroughfare or major street" means a principal or heavy traffic street of considerable continuity and used primarily as a traffic artery for intercommunication among large areas. Wherever economically feasible driveways should not be permitted access to these thoroughfares.
D. "Freeway" means a divided multi-lane highway for through traffic with all cross roads separated in grade and with full control of access.
E. "Expressway" means a divided arterial highway for through traffic with full or partial control of access with an excess of fifty percent (50%) of all cross roads separated in grade.
F. "Major street" means a highway which carries a large volume of traffic, usually a State or major County Highway running through the Village.
G. "Collector street" means a street which carries traffic from minor streets to arterial or major streets, including the principal entrance streets of a residential development and streets for circulation within such a development.
H. "Cul-de-sac" means a minor street with only one outlet open to vehicular traffic and the other end terminated by a permanent turn-around.
I. "Marginal access street" means a minor street which is parallel and adjacent to an arterial street and which provides access to abutting properties and protection from through traffic.
J. "Minor street or local street" means a street used primarily for access to the abutting properties.
K. "Street width" means the shortest distance between the lines delineating the right-of-way of a street.
L. "Subdivider" means any individual, firm, association, syndicate, copartnership corporation, trust or any other legal entity commencing proceedings under these Regulations to effect a subdivision of land hereunder for himself or for another.
M. "Subdivision" means 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.
N. "Major subdivision" means any subdivision other than a minor subdivision.
O. "Minor subdivision" means a subdivision in which no land is dedicated for street purposes other than street widening.
(38.1) "Through lot" means a lot other than a corner lot with frontage on more than one street. Through lots abutting two streets are also referred to as double frontage lots.
(39) "Village" means the Village of McDonald, Ohio.
(40) "Walkway" means a right-of-way which may be located within an easement for pedestrian use.
(Ord. 2744-97. Passed 7-16-97.)
1151.08 SEPARABILITY.
If any section, subsection, sentence, clause, phrase or portion of these Regulations is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof.
(Ord. 2744-97. Passed 7-16-97.)
1151.09 PUBLIC HEARING.
The Commission, on its own initiative or upon petition by any citizen or neighboring property owner, may, prior to acting on a preliminary plat of a subdivision, hold a hearing thereon at such time and upon such notice as required by law.
(Ord. 2744-97. Passed 7-16-97.)
1153.01 SUBMISSION AND APPROVAL OF PRELIMINARY PLAN.
(a) While the subdivision is in sketch form and prior to the preparation of the preliminary plan, the subdivider shall consult with the Planning Commission and the Trumbull County Board of Health so the developer may know of the applicable provisions of these Regulations and existing Zoning regulations.
(b) Such sketch plan may be in pencil but shall:
(1) Show the proposed layout of streets, lots, the number of lots, contemplated business area, playgrounds and park areas.
(2) On a general area map, show the proposed boundary in relation to existing community facilities, public highways, transportation lines, shopping centers and schools.
(3) Indicate utilities and services, if available, or the source and supply of water and sewage and storm water disposal methods and proposed street improvements.
(4) Topographic data sufficient to evaluate the proposed plan and an approximate scale, title, north point and date.
(Ord. 2744-97. Passed 7-16-97.)
1153.02 FILING.
The subdivider shall prepare and file six copies of a preliminary plan, according to the standards and other requirements of these Regulations, and submit the filing fee as provided in Section 1157.09, not less than fifteen working days prior to the Planning Commission’s regularly scheduled meeting date, at which it is to be considered. The preliminary plan shall be considered officially filed after it is examined by the Commission and is found to contain all of the data as required by Chapter 1155. (Ord. 2744-97. Passed 7-16-97.)
1153.03 APPROVAL.
(a) The Planning Commission shall forward copies of the preliminary plan to the Village Engineer, Village Council Members, Mayor, Village Administrator, Water Department Foreman and other officials and agencies as may be necessary for the study and recommendation. After receipt of reports from such officials and agencies, the Commission shall determine whether the preliminary plan shall be approved, approved with modifications or disapproved. Notice of such action shall be supplied to the subdivider, and if disapproved, together with the reasons for disapproval.
(b) The Commission shall act on the preliminary plan within forty-five days after filing unless such time is extended by agreement with subdivider or his agent.
(c) When a preliminary plan has been approved by the Commission, the Chairman of the Commission shall affix his signature to the plan and attach thereto a notation that it has received preliminary approval and return one copy to the subdivider for compliance with final approval requirements. Approval of the preliminary plat by the Commission shall constitute approval of the final plan of the subdivision by the Commission.
(d) Preliminary approval shall confer upon the subdivider the rights and guarantee during a one year period from the date of approval, that the general terms and conditions under which the preliminary approval was granted will not be affected by any changes and/or amendments to these Regulations.
(Ord. 2744-97. Passed 7-16-97.)
1155.01 FORM.
The preliminary plan shall be clearly and legibly drawn. The size of the map shall be one or more sheets. All subdivisions shall be drawn at a scale of one inch equals 100 feet, unless otherwise required by the Commission.
(Ord. 2744-97. Passed 7-16-97.)
1155.02 COVERAGE.
The preliminary plan shall include all land intended for ultimate development even though only a portion of the tract is to be initially recorded, and at such scale as to show all land on a single sheet. (Ord. 2744-97. Passed 7-16-97.)
1155.03 MAP SIZE.
The minimum plat size shall be 12 inches by 18 inches and the maximum size shall be 24 inches by 36 inches. (Ord. 2744-97. Passed 7-16-97.)
1155.04 MAP CONTENTS.
The preliminary plat shall contain the following information:
(a) Residential Requirements. The following items shall be shown on the preliminary plat of a subdivision intended for residential use:
(1) The name by which the proposed subdivision will be recorded. The name shall not duplicate, be the same in spelling or alike in pronunciation with any other recorded subdivision in Trumbull County. Evidence of ownership of the land to be subdivided, together with the name of the subdivider and the surveyor or engineer preparing the plat shall be shown.
(2) The location of the subdivision by section numbers, township, county, state and other legally established district, corporation or unit.
(3) The name of any abutting property.
(4) A map relating the proposed plat to the surrounding area showing existing streets, buildings and structures, watercourses and other features within and adjacent to the proposed subdivision.
(5) The location, width, name and approximate grade of proposed streets, lots, easements, or other rights-of-way indicated as dedicated or undedicated. A typical street cross-section shall be shown indicating the location and width of sidewalks and storm drains and the location and size of utility mains.
(6) The lot dimensions and lot numbers, the number of residential buildings and proposed dwelling units.
(7) The location, grade, and size of all existing sanitary and storm sewers, water mains, culverts and other underground structures, and for all other items their respective profiles showing size of pipe.
(8) The proposed water distribution system showing the location of fire hydrants.
(9) The results of the soil survey pertaining to the plat area conducted by the Soil Conservation Service of the United States Department of Agriculture including soil permeability data.
(10) Information with respect to high water elevations in the vicinity of streams and the elevation of the maximum ground water table in cases where it is less than ten feet from ground surface.
(11) The contour and topographic conditions as follows:
Where the land slope is greater than fifteen percent (15%), contours must be shown at four foot intervals. Where the land slope is between two percent (2%) and fifteen percent (15%) contours must be shown at two foot intervals.
Where the land slope is less than two percent (2%), contours must be shown at one foot intervals. Elevations shall be based on sea-level datum as determined by the United States Coast and Geodetic Survey.
(12) The zoning classification use, height and area requirements, sideyard and minimum setback building lines.
(13) A typewritten statement with respect to the proposed use of lots, stating type of residential buildings with number of proposed dwelling units so as to reveal the effect of the development on traffic, fire hazards, increase in school enrollment, or congestion of population and with respect to protective covenants and deed restrictions.
(14) Proposed sites that are to be dedicated or reserved for parks, playgrounds, schools or other public uses or open spaces.
(15) The north point, and graphic scale shall be one inch equals 100 feet, unless a larger scale is requested by the Planning Commission.
(16) A street tree or other planted area plan, if provided by the developer.
(17) If any zoning changes are contemplated by the subdivider, the proposed zoning shall be outlined. (Ord. 2744-97. Passed 7-16-97.)
(b) Commercial and Industrial Requirements. The following items shall be shown on a preliminary plat of a subdivision intended for commercial or industrial use:
(1) All of the items required under subsection (a) hereof.
(2) A statement indicating the number of buildings and the type of operation proposed in each building and the premises.
(3) The location, width and approximate grade of proposed alleys and pedestrian walks.
(Ord. 2744-97. Passed 7-16-97.)
1155.05 PROCEDURES FOLLOWING PRELIMINARY PLAT APPROVAL.
After receiving notice of the approval of the preliminary plat and prior to the filing of the final plat, the subdivider shall present to the Planning Commission detailed engineering drawings of all utility and street improvements to be constructed in the proposed subdivision as required by the Village and/or the Trumbull County standards. The Commission shall within five days after the filing of the above typical sections and complete profiles transmit copies of same to the County Health Officer and the Village for study and final recommendations. The Commission, after receiving a report from the aforementioned officials, shall notify the subdivider of any recommended changes or suggestions so that the subdivider may prepare the final improvement plans and final plat.
Amendments to the Preliminary Plan may be requested for approval by the Planning Commission prior to the submission of the Final Plan. The Planning Commission may grant its approval of such amendments and shall recommend its approval or disapproval of any requests for additional variances to Village Council prior to submission of the Final Plan.
(Ord. 2744-97. Passed 7-16-97.)
1157.01 CONFORMANCE.
The final plat will have incorporated all changes or modifications required by the Planning Commission; otherwise, it shall conform to the preliminary plat, and it may constitute only that portion of the approved preliminary plat which the subdivider proposes to record and develop at the time, provided that such portion conforms with all requirements of these Regulations. It shall contain the information required by Section 1157.05.
(Ord. 2131-77. Passed 2-15-77.)
1157.02 FILING.
(a) The final map shall be filed not later than twelve months after the date of approval of the preliminary plan; otherwise, it will be considered void unless an extension is requested in writing by the developer and granted by the Commission, in writing. The subdivider shall submit six copies for approval.
(b) The final plan shall be considered officially filed after it is examined by the Commission and is found to contain all the data as required by Section 1157.05. The final plan shall be filed not less than fifteen working days prior to the Commission's regularly scheduled meeting at which it is to be considered.
(Ord. 2131-77. Passed 2-15-77.)
1157.03 APPROVAL.
(a) The Commission shall forward copies of the final plan to such officials and agencies as may be necessary for the purpose of final approval; subject to their aforemade recommendations to the preliminary plan. After receipt of approval from such officials and agencies, the Commission shall take action on the final plat within thirty days, making their recommendations for approval or disapproval of the final plat to Council.
(b) The subdivider shall be notified of the final approval of the plat by the Commission. The subdivider shall then present the plat to Council.
(Ord. 2131-77. Passed 2-15-77.)
1157.04 FORM.
The final plan shall be clearly and legibly drawn on a permanent reproducible material. The size of the plan shall be on one or more sheets not less than 12 inches by 18 inches nor more than 24 inches by 36 inches. The final plan shall be drawn at a scale of one inch equals 100 feet. See sample form in Appendix A.
(Ord. 2131-77. Passed 2-15-77.)
1157.05 MAP CONTENTS.
The final plan shall contain the following information:
(a) Residential Requirements. The following items shall be shown on the final plat of a subdivision intended for residential use:
(1) The boundary lines of the subdivision in a continuous line. All bearings and distances shall be indicated and shown outside the boundary line. Errors of closure in the boundary survey shall not be greater than one foot in 10,000 feet and shall be balanced and adjusted.
(2) Village, County, Township and original lot lines.
(3) The name of the subdivision.
(4) All lots and lot lines with accurate dimensions and bearings, together with numbering system for lots.
(5) The accurate location, width of rights-of-way and names of all streets, drives and shall be marked as either dedicated or nondedicated and as improved or unimproved.
(6) The location and description of all monuments.
(7) The purpose and the boundary by accurate dimensions of all lands dedicated or reserved for public use with an indication of its size in acres or fractions thereof.
(8) The purpose and dimensions of all easements dedicated or reserved for public use, services or utilities.
(9) All radii, chords, arcs, tangent distances, point of curvature, intersection angles and central angles of all curves.
(10) The names of owners of adjoining property and the exact boundary corners of such adjoining property, as well as adjacent streets and alleys with their widths and names.
(11) Setback building lines, with dimensions.
(12) The north point, date and graphic scale.
(13) The total acreage of land subdivided into lots, and the total lineal feet and total acreage of new streets and other rights-of-way.
(14) All protective covenants and deed restrictions shall be submitted in six copies attached one each, to the six copies of the final plat at time of filing with the Planning Commission.
(15) Certifications by an Ohio licensed or registered surveyor or engineer that the details of the plat are accurate. He shall certify that all monuments are correctly shown and actually in place.
(16) Certification that the applicant is the owner, or agent of the owner, of the land under consideration, or that the owner of such land has given consent under an option agreement.
(17) Cross-section and profiles of streets and all other plans, specifications and construction drawings for required improvements within the proposed subdivision, which shall be given to the proper Village and County Officer by the subdivider.
(18) A complete and accurate, metes and bounds description shall be shown on the plat form.
(b) Commercial and Industrial Requirements. The following items shall be shown on a final plat of a subdivision intended for commercial use:
(1) All of the items required by subsection (a) hereof.
(2) A statement indicating the number of buildings and the type of operation proposed in each building and on the premises.
(3) The location, width and approximate grade of proposed alleys and pedestrian walks.
The final plat shall be accompanied by certificates showing the following:
The developer shall present to the solicitor evidence that all taxes against proposed roads and streets have been paid and evidence that all encumbrances of liens of record against such proposed roads have been released.
All improvements have either been installed and approved by the proper officials or agencies, or that a performance bond insuring their installation has been accepted by Council. (Ord. 2131-77. Passed 2-15-77.)
1157.06 RECORDING OF FINAL PLAT.
After the final plat has been approved by the Planning Commission and Council and the necessary approvals endorsed in writing thereon, together with evidence of title, the subdivider shall cause the final plan as approved by the Commission and Council to be recorded in the office of the County Recorder no later than thirty days after the date of approval unless an extension is agreed to by Council. The subdivider shall furnish the Council with reproducible copy on permanent material of the recorded plan. Failure to record on time may cause the final plan to be declared null and void by Council.
(Ord. 2131-77. Passed 2-15-77.)
1157.07 FEES.
The fees as prescribed are as follows:
At the time of submitting a preliminary plan the subdivider shall pay a filing fee, and the amount of such fee shall be determined from the following schedule:
No. of Lots in Plat | Amount of Fee |
2 - 5 | $40.00 |
6 - 10 | 45.00 |
11 - 15 | 50.00 |
16 - 20 | 52.50 |
21 - 25 | 55.00 |
26 - 30 | 57.50 |
31 - 35 | 60.00 |
36 - 40 | 62.50 |
41 - 45 | 65.00 |
46 - 50 | 67.50 |
51 - 75 | 70.00 plus $1.00 for each lot in excess of 50 |
76 - 100 | 95.00 plus 75¢ for each lot in excess of 75 |
Over 100 | 115.00 plus 50¢ for each lot in excess of 100 |
The filing fee shall be paid in legal tender or by certified check or money order made payable to the Village Treasurer, deposited with the Treasurer for transfer to the general fund.
In addition to the above filing fee, the subdivider shall submit a cash bond of five hundred dollars ($500.00) for the cost of the engineering review by the Village Engineer. Upon completion of the review only the unused portion of the cash bond shall be refunded. In the event greater cost than the cash bond is incurred the subdivider shall be billed for such additional cost.
In the event that a plat is disapproved the Planning Commission before any physical inspection has been made of the site, then the Commission may, at its discretion, order that the developer be refunded an amount not to exceed one-half of the fee paid to the Treasurer.
In addition to the above filing fee, the subdivider shall be charged a fee by the Village Inspector, County Engineer and/or County Sanitary Engineer for the cost of supervision of all improvements in the subdivision which fall under his jurisdiction. Such fee shall be based upon the current fee schedule for the appropriate official.
The amount of deposit and method of payment shall be as required by the department
concerned.
Fees are set by Council and subject to annual review and revisions.
The supervision shall be for all time spent by the Village Engineer and/or Inspector or his duly authorized representative or such other official in supervising the subdivider's improvements. (Ord. 2131-77. Passed 2-15-77.)
1157.08 MONUMENTS.
Permanent monuments shall be accurately set and established at the intersections of all outside boundary lines of the plat; at the intersections of those boundary lines with all street lines at diagonally opposite corners of each street intersection; at the beginning and end of all curves where the radius or direction changes; and at such other points as are necessary to establish definitely all lines of the plat, except those outlining individual lots. In general, permanent monuments shall be placed at all critical points necessary to correctly layout any lot in the subdivision. Monuments shall consist of one inch iron pins, twenty-four inches in length or other approved type of monuments, except that in all subdivisions of ten lots or less, there shall be required at least four permanent monuments encased in a six inch block of concrete and in all subdivisions of more than ten lots there shall be required six permanent monuments encased in a six inch block of concrete. Iron pins 3/4 inches in diameter and thirty inches in length shall be placed at all corners and all changes in direction of lot lines.
(Ord. 2131-77. Passed 2-15-77.)
1157.99 PENALTY.
Whoever violates these Regulations adopted by Council or fails to comply with an order, 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 Court of Common Pleas df the County.
Whoever, being the owner or agent of any land within or without a village corporation, transfers any lot, parcel or tract of such land from or in accordance with a plat of a subdivision 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) nor more than five hundred dollars ($500.00) for each lot, parcel or tract of land so sold. The description of such lot, parcel, or tract by metes and bounds in the deed or transfer shall not serve to exempt the seller from the forfeiture provided in this section.
Any person who disposes of, offers for sale or leases for a time exceeding five years any lot or any part of a lot in a subdivision before provisions of these Regulations are complied with, shall forfeit and pay the sum of not less than ten dollars ($10.00) nor more than five hundred dollars ($500.00) for each lot or part of a lot so sold, offered for sale or leased, to be recovered with cost in a civil action, in the name of the Village Treasurer for the use of the Village.
(Ord. 2131-77. Passed 2-15-77.)
1159.01 VACATIONS.
(a) Lots. Lots in a subdivision may be vacated by the owner(s) in accordance with the provisions of Ohio R.C. Sections 711.24 through 711.26 inclusive.
(b) Streets. The request for vacation of streets shall be by petition to Council. Council may request a recommendation from the Planning Commission and/or the Village Engineer. Council shall not approve the vacating of any street or part thereof if such vacation interferes with the uniformity of the existing street pattern or with any street plans for the area which would affect the health, safety and general welfare of the Village residents.
(Ord. 2696-95. Passed 1-4-95.)
1159.02 REPLATS AND CORRECTION PLATS.
A replat or correction plat for which a plat has been previously recorded shall require the same procedure as for a new subdivision. The original volume and page of plat recording shall be shown within the replat title.
(Ord. 2696-95. Passed 1-4-95.)
1159.03 MINOR SUBDIVISION.(LOT SPLIT)
Approval without a plat of a minor subdivision may be granted by the Village 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 road and involves no opening, widening or extension of any street or road;
(b) No more than five lots are involved after the original parcel has been completely subdivided;
(c) The proposed subdivision is not contrary to applicable subdivision or zoning regulations;
(d) The property has been surveyed and a sketch and legal description of the property is submitted with the application. A duplicate copy of the sketch and legal description shall be provided to the Planning Commission for Village files.
If approval is given by the Planning Commission under these provisions, the authorized representative of the Commission shall within seven working days after approval by the Commission, affix “Approved by the Village of McDonald Planning Commission; no plat required, " to the conveyance for such parcel.
(Ord. 2696-95. Passed 1-4-95.)
1161.01 CONFORMANCE; PRESERVATION.
(a) The arrangement, character, extent, width and location of major, secondary and minor streets or highways shall conform with the provisions of these Regulations. Streets shall conform to the recommendations of the Planning Commission based on existing and planned streets, topography, public safety and convenience, and proposed use of land.
(b) The subdivider shall furnish one hundred percent (100%) bond for the ultimate installation of the improvements listed and described in these Regulations. All of the required improvements shall be made in full compliance with the specifications for each of the various units of work, as required by the Village and County.
(c) Due regard shall be shown for the preservation of existing natural features, distinctive site characteristics, outstanding scenic, cultural or historic areas and all such features shall be integrated into the plan to create functional variations in the neighborhood and more attractive building sites.
(Ord. 2744-97. Passed 7-16-97.)
1161.02 ROUGH GRADING.
Each block of subdivision, or part thereof, shall be planned and graded so that the surface water of each lot will not be discharged onto adjoining lots and will drain into a storm sewer system. Where necessary, grading may be extended into lot areas to provide suitable house sites. Topsoil shall be stripped from all graded areas and replaced to a depth of four inches after completion. Tree lawns, turf gutters and other graded areas shall be fertilized, seeded and mulched to assure proper growth of the turf. Newly graded areas shall be otherwise protected against erosion and siltation by artificial means where necessary.
(Ord. 2744-97. Passed 7-16-97.)
1161.03 STREETS.
(a) Design and Arrangement. The arrangement of streets in new subdivisions shall make provision for the continuation of the principal existing streets in adjoining areas or their proper projection where adjoining land is not subdivided, insofar as they may be deemed necessary for public requirements.
The street arrangement shall be such as to not cause hardship to owners of adjoining property when they plat their own land and seek to provide for convenient access to it. Residential streets shall be so designed as to discourage through traffic, but offset streets should be avoided except as they are separated by not less than 400 feet at their access points on a collector street.
All streets and thoroughfares shall be graded to their full width, including side slopes and improved in accordance with the standards outlined or referred to in these Regulations. Plans and specifications for street improvements shall be subject to approval by the Planning Commission and the Village Engineer.
(1) Street improvements. The approved Village standard typical sections for local and collector streets are designed for normal traffic flow. If the streets are providing access to a commercial or industrial park, and if the heavy truck traffic will be continuous, the Commission and Village Engineer will revise the thickness of the pavement typical sections to conform to the anticipated traffic and axle loads.
(2) Subgrade. The subgrade shall be free of sod, vegetation matter, trees and stumps and other similar matter. Adequate drainage of the subgrade during construction must be maintained at all times. The subgrade shall be prepared in accordance with the Department of Highways, State of Ohio, current Construction and Material Specifications, Item 203, Roadway, Excavation and Embankment.
The angle of intersection between minor streets and major streets should not vary by more than ten degrees from a right angle. All other streets should intersect each other as near to a right angle a possible, and no intersection of streets shall be permitted at angles of less than seventy degrees.
Residential streets shall be designed to discourage through traffic which may otherwise use secondary or major highways, and whose origin and destination are not within the subdivision. Residential streets extending for considerable distance, parallel to any secondary or major street, should be avoided.
Streets planned to serve multi-family, business or industrial areas shall connect directly to major or collector streets, so as to not generate large volumes of traffic on local residential streets.
The minimum curb radius shall be twenty-five feet to the face of the curb.
(3) Width of pavement. The width of pavement will vary, depending upon the character of the development served and the amount of traffic expected to utilize the street. The following are the minimum street pavement widths, which widths include provision for parking lanes as may be required.
Type of Street | Minimum Pavement Width |
Major street and highways | Variable * |
Collector street | 28 ft. - 36 ft. |
Residential or local streets | 25 ft. - 28 ft. |
Alleys | 18 ft. |
*(See Major Thoroughfare Plan) To conform to applicable cross-section as established by proposed traffic and soil conditions and approved by the Commission and the Village Engineer or the authority having jurisdiction.
In certain instances, especially where a commercial area is involved and no off-street parking facilities are provided and no parking is permitted on the street at any time, a parking lane at least eight feet wide on each side of the street and paved to the satisfaction of and in accordance with the specifications approved by the Village Engineer may be required in additions to the necessary number of lanes for moving traffic.
Where pavement widths greater than those specified above are necessary, provisions for same shall be discussed with public officials having jurisdiction over the planning and construction of public ways to determine whether or not public expenditures for such additional width can or should be made simultaneously with the subdivider's improvement program.
(4) Base course. The base course shall be either 301, 303, 304, or 310 and as set forth on the Village of McDonald Approved Typical Section Standard Drawings.
(5) Surface course - asphaltic concrete. The surface course shall be constructed of Item 404, State of Ohio, current Standard Construction and Material Specifications, and as set forth on the approved Village typical section standard drawings.
Type of Street | Minimum Compacted Thickness of Surface Course |
Major streets and highways | Variable* |
Collector streets | 2-1/2" |
Residential or local streets | 2-1/2" |
Alleys | 2-1/2" |
* To be approved by the Commission and Village Engineer or authority having jurisdiction.
(6) Concrete pavement. The concrete pavement shall be constructed of Item 452, State of Ohio, current Standard Construction and Material Specifications, and as set forth on the approved Village typical section standard drawings and miscellaneous standard drawings regardless joints, etc.
(7) Curbs. Curbs shall be required on all streets. Size and type will be in accordance with the approved Village typical section standard drawings and constructed in accordance with Item 609, State of Ohio, current Standard Construction and Material Specifications.
(8) Sidewalks. Concrete sidewalks shall be constructed on both sides of the street and shall have a minimum width of five feet and a minimum thickness of four inches. They shall be constructed of material approved by the Village Administrator to provide for the safety of pedestrians in walking to schools or other similar major destinations. Concrete sidewalks shall be constructed in conformance with the current “Construction and Materials Specifications” of the Department of Highways, State of Ohio, as they pertain to this type of improvement; they shall conform to the approved Village typical section standard drawings and constructed in accordance with Item 608.
(9) Drainage. All necessary facilities, including underground pipe, inlets and catch basins, as determined by the Village Engineer, shall be installed to provide for the adequate disposal of subsurface and surface water and maintenance of natural drainage courses. All storm facilities within the subdivision shall connect to an adequate drainage course.
(10) Storm sewers and storm water drainage. A drainage system adequate to serve the needs of the proposed new streets and the entire subdivision will be required in new subdivisions. Calculations for the total drainage area in which the proposed subdivision will be located will be required by the Village Engineer so as to assure adequate sizing of the pipe to transport the
storm drainage to an approved outlet. Where an adequate public storm sewer main is available at the plat boundary, the subdivider shall construct a storm sewer system and connect with such storm sewer main of adequate size. If such storm sewer systems are not accessible, adequate storm sewers shall be provided with easements of adequate width, as determined by the Village Engineer and approved by the Planning Commission.
When storm sewers cross land not in the dedicated street right-of-way, an appropriate easement shall be given to the Village for such drainage purposes.
Consideration should be given to lowering the depth of the storm sewer to allow footer and interceptor drainage in areas of high water table.
A drainage system including turf gutters, culverts, pipes, manholes, catch basins and drain inlets shall be provided as required by the Commission and the Village Engineer. Storm drainage, including drain tile around basements, shall not be permitted to discharge into any sanitary sewage facility. Where a public storm sewer is reasonably accessible and of adequate capacity, as determined by the Commission, the developer shall make the proper connection to such storm sewer system and shall do such grading and provide such drainage structures as may be required.
(11) Culverts and bridges. When natural drainage channels intersect any street right-of-way, it shall be the responsibility of the subdivider to have satisfactory bridges and culverts designed and constructed. Where culverts are required, the following minimum requirements shall be observed:
All culverts shall extend across the entire right-of-way width of proposed road. The cover over the culvert and its capacity shall be determined by the Village Engineer and at the expense of the subdivider. The minimum diameter of a culvert pipe shall be eighteen inches. Head walls, depending on existing drainage conditions, may be required.
The construction of storm water drainage improvements shall be subject to the approval of the Planning Commission and the Village Engineer.
(12) Public water supply. The subdivider or developer shall observe all the requirements as set forth by local ordinance, requiring connections to the public water supply.
(13) Private wells. Individual private wells shall be constructed to specifications of County Board of Health.
All abandoned wells shall be sealed in a manner that will render them watertight.
In all cases a public water distribution system shall be required.
(14) Sanitary sewers. If a subdivision can be reasonably served by the extension of an existing public sanitary sewer, as determined by the Village Engineer, the subdivider shall provide a system of sanitary sewer mains and shall provide lateral connections for each lot.
(15) Utilities. Electrical service, gas mains and other utilities shall be provided underground within each subdivision. Whenever such facilities are reasonable, accessible and available, they may be required to be installed within the area prior to the approval of the final plat. Trees when planted within the street right-of-way must meet the approval of the Park and Recreation Committee with regard to location and types of trees.
(16) Inspection. Inspection shall be required for all improvements as shown on the approved construction drawings.
The official responsible for the inspection of all street improvements including storm sewers, sanitary sewers, water lines, final grading, etc. shall be the Village Engineer.
All inspection fees shall be paid by the subdivider at the rates as spelled out in the Engineer's contract with the Village.
The subdivider shall notify the Village Engineer three days prior to start of construction. Failure of proper notification shall result in nonacceptance of work completed without inspection. If for any reason the subdivider halts work, the Engineer is to be notified in advance. Failure to notify the Engineer will result in charges of a minimum of three hours inspection time.
(b) Alignment.
(1) Minimum horizontal-radii of centerline curvature.
Major streets | 3° | 1900 ft. |
Collector streets | 12° | 475 ft. |
Minor streets | 28° | 200 ft. |
Streets shorter than 500 ft. | 58° | 100 ft. |
A minimum 100 foot tangent shall be introduced between reversed curves.
(2) Visibility requirements.
A. Minimum vertical visibility (measured 3.75 ft. eye level to 6 inches above ground level.)
600 ft. on major streets
350 ft. on collector streets
250 ft. on minor streets
200 ft. on streets shorter than 500 ft.
B. Minimum horizontal visibility.
600 ft. on major streets, measured on centerline.
350 ft. on collector streets, measured on centerline.
200 ft. on all other streets, measured on centerline.
(c) Street and Alley Width. The width of all major thoroughfares shall conform to the width designated by the Village and Trumbull County, Ohio.
The minimum right-of-way widths for streets and alleys are as follows:
Type of Street or Way | Minimum Right-of-Way Width or Variable Right-of-Way Width |
Arterial highway or major thoroughfare (See Major Thoroughfare Plan) | Variable* |
Secondary or collector streets | 60-70 ft. |
Minor or local urban streets | 50-60 ft. |
Rural roads or streets serving low density suburban developments | 50 ft. |
Alleys | 30 ft. |
Cul-de-sacs | 50 ft. |
*As specified by major thoroughfare plan or as determined by the Planning Commission.
(d) Cul-de-sacs. Each cul-de-sac shall be provided with a turnaround having a minimum right-of-way radius of sixty feet and a maximum length of 530 feet measured from the intersection of the centerlines of the entering intersection and including the turnaround. The outside of the pavement within the turnaround right-of-way shall have a minimum radius of fifty feet.
(e) Dead-end Streets. Streets designated to be dead-ended permanently shall not be permitted. Any dead-end street of temporary nature, if longer than 200 feet or fronted by existing lots, shall have a surfaced turning area equal in diameter to the right-of-way width required for a cul-de-sac. There shall be provision made for the future extension of the street and utilities and shall be a reversionary right to the land owners abutting the temporary turnaround for the excess right-of-way.
(f) Half-streets. Dedication of half-streets shall be discouraged. Where there exists a dedicated or platted half-street adjacent to the tract being subdivided, the other half shall be platted if deemed necessary by the Planning Commission.
(g) Alleys. Alleys shall be avoided in single or two-family districts. They may, however, be required in multiple dwelling developments. Alleys are required in the rear of all commercial and industrial lots if no other provisions are made for adequate service access or for access to parking. The rights-of-way of such alleys shall not be less than thirty feet, and dead-end alleys shall not be permitted.
(h) Location. When a proposed subdivision is adjacent to or contains a state highway, the developer and Planning Commission should seek information from the Ohio Department of Highways as to the status of the highway in reference to width and direction, and also the type of access permitted to such highway.
(i) Limitation of Number of Vehicular Access Points to Arterial Highways or Major Streets. Safety factors and the need for effective utilization of major thoroughfares require the limiting of the number of vehicular access points to arterial highways and major streets to promote efficient traffic movements and reduce safety hazards. Where a subdivision adjoins an arterial highway or major street, vehicular access to subdivided lots shall be kept to a minimum and shall not exceed the following standards:
Feet of Subdivision Frontage | Maximum Number of Vehicular Access Points |
Less than 500 ft. | One |
500 - 1,000 ft. | Two |
Over 1,000 ft. | Two for the first 1,000 ft. of frontage, plus one point of access for each additional 1,000 feet of frontage. |
The local street arrangements connecting with these access points may be accomplished in one of three ways.
(1) Marginal access street - with a planting strip of a minimum width of twenty feet between the major street or highway pavement and the marginal access street pavement. The marginal access street shall have a minimum pavement width of twenty feet.
(2) Local street (reverse frontage) - with residences facing away from the major thoroughfare. In this case, the rear yards (those between the residences and the major thoroughfare) shall have a minimum depth of seventy feet which includes a twenty foot reservation strip abutting the major thoroughfare for screen planting of trees and shrubs. A masonry or wooden ornamental screen may be substituted for the planting.
(3) Intersecting local streets or cul-de-sac streets - perpendicular to the major thoroughfare where unusual topographic conditions warrant such design.
(j) Street Grades (Vertical Curves). No street grade shall be less than one-half percent (. 5%) and shall not exceed the following width with due allowance for reasonable vertical curves:
Main or arterial thoroughfares 4% Secondary thoroughfares 6% Minor streets 6% Cul-de-sacs 8% |
(k) Street Grades (Cross-Section). For cross-section of streets see approved standard drawings.
(l) Street Names. Street names shall be selected which will not duplicate or be confused with the names of existing streets in Trumbull County or the Village irrespective of modifying terms such as street, avenue, boulevard, etc. Street names shall be subject to approval of the Planning Commission and wherever possible shall be in accordance with the following system:
General Direction | Over 1,000 Ft. | Under 1,000 Ft. |
North-South | Avenue | Place |
East-West | Street | Court |
Diagonal | Road | Way |
Curving | Drive | Lane or Circle |
(m) Street Signs. Street signs shall be required and paid for by the developer at all intersections and shall be erected in accordance with the specifications of the Village Street Commissioner. All such signs shall also be subject to the approval of the Planning Commission as to uniform design and legibility.
(n) Acceptance of Streets. The Village Engineer shall, upon written request and at the expense of the owner of the land upon which the street has been constructed, check the construction by stages; and if the Village Engineer finds that such street is constructed in accordance with the specifications set forth on the approved plat and that such street is in good repair, then such finding, endorsed on the approved plat, shall recommend that Council accept the street for public use by the Village.
(Ord. 2744-97. Passed 7-16-97.)
1161.04 BLOCKS AND LOTS.
(a) Block Design. No block shall be longer than 1,200 feet nor less than 500 feet, except in unusual circumstances. Where a subdivision adjoins a major highway, the greater dimension of the block shall front along such major highway to minimize the number of points of ingress or egress.
Where blocks are over 750 feet in length, a walkway easement not less than 10 feet in width may be required if necessary to provide proper access through the block.
Blocks for multi-family, business or industrial subdivisions shall be designed to accommodate the building sites and provide the yards, internal service drives, required off-street parking and other such required facilities for unit development rather than typical lot and street pattern.
(b) Lots. The lot arrangement and design shall be such that all lots will provide satisfactory and desirable building sites, properly related to topography and the character of surrounding development.
All side lines of lots shall be at approximate right angles to straight lines and radial to curved street lines except where a variation to this rule will provide better street and lot layout. Lots with double frontage shall be avoided.
No lot shall have less area or width than is required by the zoning regulations applying to the area in which it is located.
In case of unusual soil conditions which may impair the health and safety of the neighborhood in which a subdivision may be located, upon recommendation of the Village Engineer, the Commission may require larger lot widths and lot areas than might otherwise be necessary.
No corner lot shall have a width at the building line of less than eighty-five feet. Either of the two sides of a corner lot fronting on a street may be designated the front of a lot provided the rear yard shall always be opposite the frontage so designated.
All corner lots, be they at the intersection of the rights-of-way of two streets, shall have a curve with a minimum radius of twenty-five feet joining the two sidelines of such rights-of-way.
(c) “Through lots” as defined by Section 1151.07(38.1) shall be prohibited within residential districts within the Village.
(Ord. 2744-97. Passed 7-16-97.)
1161.05 BUILDING LINES AND EASEMENTS.
(a) Building Lines. Building lines shall be established according to the front yard requirements set forth in the Village Zoning Ordinance.
(b) Easements. Easements of at least seven and one-half feet in width shall be provided on each side of all rear lot lines and along side lot lines, where necessary, for underground utilities such as electric, telephone service and gas mains. Easements having greater width dimensions may also be required along or across lots where engineering design or special conditions may necessitate the installation of water and sewer lines outside public rights-of-way. For lots facing on curvilinear streets, the rear easement should consist of straight lines with a minimum number of points of deflection.
(c) Easement Along Streams. Whenever any stream or important surface drainage course is located in the area being subdivided, the subdivider shall provide an easement of at least forty feet in width, or such width as may be determined by the Planning Commission and Village Engineer along each side of the stream for the purpose of widening, deepening, relocation or protecting the stream drainage or public use.
(Ord. 2477-97. Passed 7-16-97.)
1161.06 PUBLIC SITES AND OPEN SPACES.
When the subdivision contains a park, school, or other public area, such area shall either be dedicated to the proper agency or it shall be reserved for acquisition thereby within 120 days by a purchase or other means, and an agreement shall be entered into between the subdivider and the proper public agency regarding the time and method of the acquisition and the cost thereof. (Ord. 2477-97. Passed 7-16-97.)
1161.07 LAND SUBJECT TO FLOOD; POOR DRAINAGE FACILITIES.
The right is reserved to disapprove any subdivision which is subject to periodic flooding or which contains extremely poor drainage facilities. However, if the subdivider agrees to make such improvements as will make the area completely safe for residential occupancy, the subdivision may be approved, subject, however, to the approval of the County Board of Health and the Village Engineer.
(Ord. 2477-97. Passed 7-16-97.)
1161.08 COMPATIBILITY OF ADJACENT LAND USES.
It shall be at the discretion of the Planning Commission to permit noncompatible land uses to develop on adjacent properties. Where such a condition arises, screening by fences or landscaping shall be required to protect the land uses from infringement, one upon the other. Screening shall be established according to zoned land uses adjacent one to another and shall be as set forth in the Village Zoning Ordinance.
(Ord. 2744-97. Passed 7-16-97.)
1163.01 FINAL INSPECTION; TESTING.
(a) The subdivider upon completion of all improvements shall request in writing a final inspection by the Village Engineer. The Village Engineer shall make final inspection of streets, storm sewers, any flood control improvements, sanitary sewers and water lines.
(b) Whenever deemed necessary by the Village Engineer, the developer shall provide evidence from independent testing laboratory as to the satisfactory condition of any or all items which are incorporated in the improvement. The testing procedures to provide such evidence will be the current methods being used or recommended by the Ohio Department of Transportation and/or the State of Ohio Environmental Protection Agency.
(c) Prior to final acceptance, the developer may, at the discretion of the Engineer, be required to show evidence of satisfactory pavement thickness by taking cores at locations determined by the Village Engineer. Should any core show a deficiency in thickness of more than one half inch, the procedure outlined in the current Ohio Department of Transportation’s "Construction and Materials Specifications" will be used to make necessary corrections.
(Ord. 2744-97. Passed 7-16-97.)
1163.02 UTILITIES AND OTHER IMPROVEMENTS.
Electrical service, gas mains and other utilities shall be provided underground within each subdivision. Whenever such facilities are reasonable, accessible and available, they may be required to be installed within the area prior to the approval of the final plat. Trees when planted within the street right-of-way must meet the approval of the Park and Recreation Committee with regard to location and types of trees.
(Ord. 2744-97. Passed 7-16-97.)
1163.03 IMPROVEMENTS BOND.
(a) Type of Guarantees and Terms. The improvements and standards described in this section have been adopted by Council on the effective date of these Regulations, and no final or official plat of any subdivision shall be approved unless Council is satisfied that:
The subdivider shall have filed with Council a surety bond, cashier's check or certified check for one hundred percent (100%) of the installation cost of the improvements, which shall be approved by the Planning Commission, guaranteeing to the Village that such improvements will be constructed and completed in a satisfactory manner and within a period specified by the Village Engineer, but such period shall not exceed two years unless mutually extended. The bond or checks shall be approved by the Solicitor and shall be made payable to, and enforced by the Village and shall provide that the subdivider, his heirs, successors, and assigns, their agent or servants will comply with all applicable terms, conditions, provisions and requirements of these Regulations. Upon satisfactory completion of the improvements and approval of the same, in writing, by the Village Engineer, and with the presentation of letters of certification of payment in full of all contractors, subcontractors, suppliers of materials, engineers, surveyors and all inspection fees or other fees incurred by the installation of the improvements by the subdivider, the bonds may be released, in writing, by the Clerk, or the cashier's or certified check may be returned to the developer.
(b) Portion of Improvements. When a portion of the improvements has, upon inspection by the Village Engineer, been satisfactorily completed, a reduction in the bonds or partial withdrawal of funds may be authorized, provided, however, that such reduction shall not reduce the balance of the bond below the reestimated completion cost as of the date of reduction, provided further, that all other requirements of this section have been properly executed.
(c) Progressive Installation. The developer may apply for final approval and recording of only a portion of the entire subdivision. Under such a progressive unit development procedure, the installation of required improvements and sale or lease of lots may proceed only on that portion of the subdivision which has been approved and recorded.
(d) Failure to Complete Site Improvements. In the event the developer fails to complete the installation of all improvements according to the terms and conditions of the Agreement, the Village upon proper notice, may complete same and appropriate such portion of money or bonds posted for the faithful performance of such work.
(Ord. 2744-97. Passed 7-16-97.)
1163.04 PROVISIONS FOR MAINTENANCE AND OPERATION.
Where the subdivision contains sewers, sewage treatment plants, water supply systems, park areas, street trees or other physical facilities, necessary or desirable for the welfare of the area and which are of common use or benefit and which are of such character that the Village, county or other public agency does not desire to maintain them, then provisions shall be made by trust agreements, which are a part of the deed restrictions and which are acceptable to the Commission for the proper and continuous maintenance and of such facilities by the lot owners in the subdivision.
(Ord. 2744-97. Passed 7-16-97.)
1163.05 RECORDING OF PLAT.
No plat of any subdivision shall be entitled to be recorded in the office of the County Recorder or have any validity until it shall have been approved in the manner prescribed herein. In the event any such unapproved plat is recorded it shall be considered invalid, and the Planning Commission shall institute proceedings to have the plat stricken from the records of Trumbull County, State of Ohio. (Ord. 2744-97. Passed 7-16-97.)
1163.06 SALE OF LAND IN SUBDIVISION.
No owner or agent of the owner of any land located within a subdivision shall transfer or sell any land by reference to, exhibition of, or by use of a plan or plat of a subdivision before such plan or plat has been approved and recorded in the manner prescribed herein. Any sale or transfer contrary to the provisions of this section is void. The description of such lot or parcel by metes and bounds in the instrument of transfer or other documents used in the process of selling or transferring shall not exempt the transaction from the provisions of these Regulations.
(Ord. 2744-97. Passed 7-16-97.)
1163.07 PERMITS.
(a) Building or repair permits shall not be issued for any structure on a lot in a subdivision for which a plat has not been approved and recorded in the manner prescribed herein.
(b) No owner or agent of the owner of any land shall be entitled to a permit for the installation of wells and septic tanks upon any lots in a subdivision for which a plat has not been approved and recorded in the manner prescribed herein.
(Ord. 2744-97. Passed 7-16-97.)
1163.08 PUBLIC IMPROVEMENTS.
The Village defines its policy to be that it will withhold all public improvements of whatsoever nature, including the maintenance of streets and the furnishing of sewage facilities and water service from all subdivisions which have not been approved, and from all areas dedicated to the public which have not been accepted by Council in the manner prescribed herein.
(Ord. 2744-97. Passed 7-16-97.)
1163.09 TEMPORARY MAINTENANCE GUARANTEE.
The subdivider shall maintain all improvements for one year after completion as determined by the inspection of the County Engineer. Maintenance shall be guaranteed by the posting of a maintenance bond in favor of the Planning Commission or some other suitable instrument as approved by the Commission covering ten percent (10%) of the total estimated cost of all improvements as shown on the approved construction drawings. The minimum amount of bond shall be not less than one thousand dollars ($1,000).
(Ord. 2744-97. Passed 7-16-97.)
1165.01 VARIANCES.
Whenever the tract to be subdivided is of such unusual size or shape, or is surrounded by such development or unusual conditions that the strict application of the requirements of these Regulations would result in real difficulties, substantial hardship, or injustice, such requirements may be varied or modified so that the subdivider may subdivide his property in a reasonable manner, but at the same time, the public welfare and interest of the Village and the surrounding area are thoroughly protected and the general intent and spirit of these Regulations are enforced. The Planning Commission may make recommendations of variations which may be permitted, but the authority for approval of such variations shall rest with Council.
All land uses shall be incorporated in the plat and must conform, in general, to the areas of land usage as delineated and adopted by the Planning Commission and Council. All plats shall insure that adequate public spaces, circulation, recreation light and air will be provided and the needs of the entire community when fully developed and occupied will be fully met.
Where topography and other physical conditions make full compliance with Chapter 1161 an undue hardship upon the owner, the Planning Commission may refer the problem of compliance to the Village Engineer and Council for recommendations as to possible variances.
(Ord. 2744-97. Passed 7-16-97.)
1165.02 FEE.
(a) Property owners shall pay a fee with their application for a variance of the terms and requirements of the McDonald Zoning Ordinance.
(b) The fees shall be paid into the General Fund of the Village.
(Ord. 2744-97. Passed 7-16-97.)
See Codified Ordinances book for
Appendix A
(Pages 93 - 99.)
APPENDIX B
BOND NO. SUBDIVISION BOND KNOW ALL MEN BY THESE PRESENTS, That we, , as Principal, and are held firmly bound unto hereinafter called the Obligee, in the penal sum of DOLLARS Lawful money of the United States of America to be paid to said Obligee, for which payment well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Signed with our hands and sealed with our seals this, the day of A.D. 19 . WHEREAS, the , Principal, has made application to the for a formal plat named , AND WHEREAS, said plat shows thereon, among other things, tract or parcel of land named , AND WHEREAS, the above bounden Principal, as owner of the aforesaid tract, has agree to and with the in the said named tract of land, at its own expense, said to be completed in a manner acceptable to and approved by the . NOW, THEREFORE, the condition of this obligation is such that, if the above plat is finally approved by the said Village, and if the said Principal shall in all things do and perform the in the manner specified, and shall fully and faithfully do and perform each and every matter and thing to be performed by the said Principal according to the terms and conditions of this bond, and shall comply with all the requirements of the laws or ordinances of the then this Obligation shall be null and void, otherwise to remain in full force and effect. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals this day of , 19 . By: WITNESS PRINCIPAL By: ATTORNEY-IN-FACT |
BOND NO. MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS, That, (hereinafter called the Principal), as Principal, and , a corporation organized and existing under the laws of the State of (hereinafter called the Surety), as Surety, are held and firmly bound unto (hereinafter called the Obligee), in the just and full sum of DOLLARS ($ ), to the payment of which sum, well and truly to be made, the said Principal and Surety bind themselves, their respective heirs, administrators, executors, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has installed and paid for the following improvements in which were completed as of . NOW, THEREFORE, the conditions of this obligation are such that if the said Principal shall maintain said improvements from TO and shall make any repairs by defective material or workmanship during that period then this obligation shall be null and void otherwise to remain in full force and effect. PROVIDED, HOWEVER, it shall be a condition precedent to any right of recovery hereunder, that in event of any default on the part of the Principal, a written statement of the particular facts showing the date and the nature of such default shall be immediately delivered to the Surety by registered mail at its Home Office in the City of . AND PROVIDED FURTHER, that no action, suit or proceeding shall be had or maintained against the Surety on this instrument unless the same be brought or instituted and process served upon the Surety within three (3) months after the expiration of Maintenance Period. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of , 19 . PRINCIPAL By: WITNESS SURETY By: ATTORNEY-IN-FACT |
EXAMPLE OF CASH ESCROW Lending Institution Letterhead Date Chairman Village of McDonald Planning Commission Municipal Building McDonald, Ohio 44437 RE: PLAT TITLE TOWNSHIP PLANNING COMMISSION FILE NUMBER Dear Sir: This is to advise that , the developer of the above mentioned plat has the necessary papers signed that would make available to the Village of McDonald Planning Commission the sum of , based on the Village of McDonald Engineers estimate. This is to guarantee the proper completion of all improvements as shown on the approved construction drawings on file in the Village of McDonald Engineers Office. We shall continue to hold these papers and this amount until further advised from you or your authorized representative in writing. Sincerely, OFFICER City, State, Date, Officer, Name of Lending Institution, did personally swear that information as set forth here is true. Date: WITNESS: WITNESS: NOTARY PUBLIC |
CODIFIED ORDINANCES OF McDONALD