New Lexington City Zoning Code
TITLE SEVEN
Subdivision Regulations
1175.01 SHORT TITLE.
This shall be known and may be cited as the "Subdivision Regulations for New Lexington, Ohio" and shall hereinafter be referred to as “These Regulations.”
(Ord. 82-16. Passed 4-19-82.)
1175.02 INTERPRETATION AND PURPOSE.
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 public services and safer streets and highways. (Ord. 82-16. Passed 4-19-82.)
1175.03 SCOPE.
These regulations shall not apply to any lot or lots forming a part of a subdivision created and 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or in any way impair or interfere with existing provisions of other laws, or regulations, except those specifically repealed by these Regulations, or with private restrictions placed upon property by deed, covenant or other private agreement, or with restrictive covenants running with the land to which the City is a party. Where these Regulations impose a greater restriction upon land than is imposed or required by such existing provisions of law, resolution, contract or deed, the provisions of these Regulations shall control.
(Ord. 82-16. Passed 4-19-82.)
1175.04 ADMINISTRATION AND AUTHORITY.
A Major Highway Plan having been adopted by the Planning Commission according to statutory requirements, the City Council by virtue of the provisions of Chapter 711 and Chapter 3787 of the Ohio Revised Code are authorized, subject to the holding of required public hearings, 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.
(Ord. 82-16. Passed 4-19-82.)
1175.05 AREAS OF JURISDICTION.
The following provisions, as provided in Chapters 1177 through 1189 shall govern the subdividing of land within the incorporated areas of the City and three (3) miles from the City limits. The provisions of Chapter 1185 shall apply to improvements to be constructed in any plat within the extraterritorial jurisdiction of the city administering subdivision regulations.
(Ord. 82-16. Passed 4-19-82.)
1175.06 JURISDICTION.
(a) Wherever Perry County has adopted a major street plan and subdivision regulations and is exercising jurisdiction, the City Planning Commission will confer with the County Planning Commission of said county upon all subdivision plats located within three (3) miles of its corporate limit and the County Planning Commission shall have the final approval of the plat and the provisions in Chapter 1183
shall be the jurisdiction of the County Engineer.
(c) The division of a tract into five parcels or less, fronting upon an existing street, and where the transfer is to be accomplished by the recording of a deed rather that a plat, requires the approval of the City Planning Commission before it can be recorded. Such approval may be accomplished in the manner provided in Chapters 1179 and 1181.
(Ord. 82-16. Passed 4-19-82.)
1175.07 PUBLIC HEARING.
The Commission, on its own initiative or upon petition by a citizen or neighboring property owner may, prior to acting on a preliminary map of a subdivision, hold a hearing therein at such time and upon such notice as the Commission may designate.
(Ord. 82-16. Passed 4-19-82.)
1175.08 CONSTRUCTION OF IMPROVEMENTS.
These rules and regulations establish standards and specifications for the construction of streets, curbs, gutters, sidewalks, sanitary sewers, sewage disposal plants, storm sewers, and other facilities. (Ord. 82-16. Passed 4-19-82.)
1175.09 EFFECTIVE DATE.
These Regulations shall be effective following adoption by the City Council and the City Planning Commission of New Lexington, Ohio, after public hearing. Henceforth, any other regulations previously adopted by the City Council or the City Planning Commission shall be deemed to be repealed. These Regulations shall in no way affect any subdivision having received preliminary approval prior to the effective date provided, however, that no changes to the preliminary plan as approved, are introduced by the subdivider.
(Ord. 82-16. Passed 4-19-82.)
1175.10 AMENDMENTS.
The City Planning Commission may, after public hearing, amend, supplement or change these Regulations. Notice shall be given of the time and place of such public hearing by publication in at least one (1) newspaper of general circulation published in the City of New Lexington, Ohio thirty (30) days prior to holding of said hearing. The amendment or amendments shall be on file in the Municipal Building for public examination during the said thirty (30) days.
(Ord. 82-16. Passed 4-19-82.)
1177.01 DEFINITIONS.
(1) BLOCK: A piece or parcel of land entirely surrounded by public highways, public streets, railroad rights-of-way, parks, streams, lakes or bodies of water or a combination of aforesaid bounds.
(2) BUILDING LINE: See Setback Line.
(3) BUILDING SITE: That portion of the lot or parcel of land upon which the building and appurtenances are to be placed, or are already existing, including adequate areas for sewage disposal, clearance, proper drainage and appropriate easements.
(4) CITY: The City of New Lexington, Perry County, Ohio.
(5) CITY ENGINEER: The Engineer employed by New Lexington, Ohio.
(6) COMPREHENSIVE PLAN: The comprehensive plan (which may consist pf several maps, data, etc.) or any portion thereof, made and adopted by the City Council and the City Planning Commission 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.
(7) COUNTY: Perry County, State of Ohio.
(8) COUNTY ENGINEER: The County Engineer of Perry County, Ohio.
(9) CROSSWALK: A right-of-way which cuts across a block to facilitate access to adjacent streets and properties.
(10) DEVELOPER: Any person, partnership or corporation or duly authorized agent who constructs or contracts to construct improvements on subdivided land.
(11) EASEMENT: A grant by the property owner for specified use of said land to a corporation, partnership, person or persons, or to the public.
(12) FINAL PLAT: The final map, drawing or chart on which the subdivider's plan is presented to the City Planning Commission for approval and which, if approved will be submitted to the Recorder of Perry County.
(13) FLOOD PLAIN: That portion of a river or creek valley adjacent to the drainage channel which is periodically covered with water when the river creek overflows its bank during flood stage.
(14) IMPROVEMENTS: Street improvements, with or without curb or gutter, sidewalks, crosswalks, water mains, sanitary and storm sewers, street trees and other appropriate items.
(15) LOCATION MAP: A drawing at a reduced scale 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 the City and the relationship of the site to the community facilities which serve or influence the property.
(16) LOT: A parcel of land intended for transfer of ownership or building development, having its principal frontage on a public street.
(17) MASTER PLAN: See Comprehensive Plan.
(18) NEIGHBORHOOD UNIT: A neighborhood development as a district adhering to the principle that it should have social homogeneity among its residents and contain its own elementary school, local business district, churches, clubs, recreation area, and be bounded, not traversed, by major thoroughfares or major streets as hereinafter defined.
(19) OFFICIAL MAP: A map prepared by an authorized Planning Commission and adopted by the City Council, which shows the location of the lines of existing roads or streets, roads or streets on adopted mapped-street or road plats, roads or streets shown on recorded land subdivision plats, existing public open spaces, and proposed roads or streets and public open spaces that are in conformity with the Comprehensive Plan. After adoption of the official map by the City Council, all streets or roads shown on approved and recorded final plats are automatically added to the official map, which may also be added to or modified by the Planning Commission or City Council. All proposals shown on the official map are illustrative of policy decisions only and as such do not have legal status.
(20) OFFICIAL OR MAJOR HIGHWAY PLAN: An officially adopted plan designating a system of principal or major streets and highways for traffic intercommunication.
(21) OWNER: Any individual, firm, association, syndicate, copartnership, corporation, trust, or any other legal entity having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under these regulations.
(22) PARK AND RECREATION PLAN: A long-range plan of parks, playgrounds, or other recreation areas adopted by the Planning Commission.
(23) PERFORMANCE BOND OR SURETY BOND: An agreement by a subdivider or developer with the City of New Lexington for the amount of the estimated construction cost guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by the subdivider's agreement.
(24) PLANNING COMMISSION OR COMMISSION: The Planning Commission of the City of New Lexington, Ohio.
(25) PLAT: The map, drawing, or chart on which the developer's plan of subdivision is presented to the Planning Commission and officials for approval and after such approval, to the County Recorder for recording.
(26) PRELIMINARY PLAN: The preliminary plan, drawing or chart indicating the proposed layout of the subdivision.
(27) RESERVE STRIP: A strip of land controlling access to or egress from other property (including land dedicated to public use), or to or from any street or alley, or having the effect of restricting or damaging the adjoining property for subdivision purposes, or which will not be taxable or assessable for special improvements.
(28) RIGHT-OF-WAY: The strip of land taken or dedicated for use as a public way, measured across from property line to property line. In addition to the roadway, it normally incorporates the curbs, planting 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.
(29) ROADWAY: Roadway shall be considered as the portion of the right-of-way included between the outside edges of the shoulders.
(30) SETBACK LINE: A line indicating the minimum horizontal distance between the street easement or right of way and buildings or any projection thereof other than steps or permanently open porches, unless otherwise specifically defined.
(31) SIDEWALK: That portion of the road right of way, outside the roadway, which is paved for the use of pedestrian traffic. It does not include the planting strip, if any.
(32) STREETS, HIGHWAY OR ROAD: Shall mean a way for vehicular traffic, whether designated as a street, arterial highway, thoroughfare, parkway, throughway, freeway, road, boulevard, avenue, lane, place or however otherwise designated.
A. Controlled access highway - A divided arterial highway for through traffic with full or partial control of access.
B. Primary road or arterial highway - A thoroughfare primarily for through traffic, providing for major movements of traffic within and between urban centers and connecting principal traffic generators within municipalities and important rural routes.
C. Secondary road or highway - A highway which serves inter-district traffic between urban and rural centers and provides traffic connections between primary roads or major arterial highways.
D. Major streets - Are those local thoroughfares which carry crosstown traffic from several neighborhoods, thereby servicing several residential collector streets.
E. Collector street - A thoroughfare whether within a residential, industrial, commercial or other type of development, which carries traffic from minor streets to arterial highways or major street, including principal entrance streets of residential developments and primary circulation routes within such developments.
F. Minor local street or roads - Local or neighborhood thoroughfares primarily providing for access to abutting properties.
G. Marginal access streets - A minor street which is parallel and adjacent to an arterial street and provides access to abutting properties and protection from major streets or thoroughfares.
H. Cul-de-sac - A minor street of relatively short length with only one outlet and terminating in a vehicular turnaround.
I. Loop street - A U-shaped street or court.
J. Alley: Minor ways which are used primarily for vehicular service access to the back or side of properties otherwise abutting on a street.
(33) SUBDIVIDER: 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.
(34) SUBDIVISION:
A. The division of any parcel of land shown as a unit or as contiguous units on the last preceding tax roll, into two or more parcels, sites or lots, any one of which is less than five (5) acres for the purposes, whether immediate or future, of transfer of ownership, provided that the division or partition of land into parcels of more than five (5) acres not involving any new streets or easements of access, and the sale or exchange does not create additional building sites, shall be exempted; or
B. 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. (Ord. 82-16. Passed 4-19-82.)
1179.01 PREAPPLICATION PROCEDURE.
Previous to the filing for tentative approval of the preliminary plat the subdivider shall submit to the City Planning Commission a sketch plan.
The purpose of this stage is to discuss early and informally the purpose and effect of these regulations and to familiarize the developer with the Comprehensive Plan, official highway plan for New Lexington, Ohio zoning and other city and county planning engineering projects, drainage, sewerage, water systems and similar standards, requirements and plans.
The sketch plan shall be clearly and legibly drawn by mechanical means or freehand. The size of the map shall be on one (1) or more sheets and shall be drawn at a scale of one (1) inch equals one hundred (100) feet.
(Ord. 82-16. Passed 4-19-82.)
1179.02 FILING PRELIMINARY PLAT.
Before any subdivider, or his agent, contracts for the sale of, or offers to sell, any subdivision of land or any part thereof which is under the jurisdiction of the City of New Lexington, the subdivider or his agent shall file a preliminary plat of said subdivision with the Planning Commission.
Five copies of a preliminary plat, drawn in accordance with the regulations herein prescribed, shall be submitted to the Planning Commission. No preliminary plat shall be entitled to consideration or approval at any meeting of the Planning Commission unless it is filed with the Secretary of Perry County not less than 14 days prior to such meeting.
(Ord. 82-16. Passed 4-19-82.)
1179.03 APPLICATION OF PRELIMINARY PLAT; FILING AND DISTRIBUTION.
An Application, in writing, for the tentative approval of the preliminary plat, together with four (4) blueprints, shall be filed with the Planning Commission at least two (2) weeks before the meeting of the Planning Commission at which the plat is to be acted upon. The preliminary plat shall be prepared in accordance with the regulations set forth below, and shall be submitted to Perry County prior to the completion of final surveys of roads and lots and before the start of any grading or construction work upon the proposed roads or streets and before any map of said subdivision is made in a form suitable for recording. The Planning Commission shall determine whether a tentative map 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. Perry County shall distribute a copy of the preliminary plat to each of the following officials: the City Engineer (2), the Administrative Director and the Zoning Inspector. 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 considered in the light of adjustments and connections with the road system of the part not submitted. (Ord. 82-16. Passed 4-19-82.)
1179.04 SEWERAGE DISPOSAL AND WATER SUPPLY.
The subdivider shall connect to the City's Sanitary Sewer System and Water System and comply with all requirements for the construction and cost associated with the connection.
Outside Corporate Limits - Where water and sewer are not readily available outside the Corporation Limits, the following provisions shall apply: The subdivider in a letter accompanying the request for preliminary approval of an allotment shall state the kind and type of sewage disposal treatment he proposes to use. If other than a sewage treatment plant, it shall be accompanied by a letter from the County Board of Health stating what type of sewage disposa1 they approve for the soil conditions encountered in the area of the proposed subdivision.
If a housing development or a shopping center, commercial or industrial is proposed to be built, a central sewage treatment plant and a central water system must be constructed by the developer when deemed necessary by the Planning Commission and County Commissioners, County Health Director and County Sanitary Engineer concurring.
(Ord. 82-16. Passed 4-19-82.)
1179.05 LOCATION MAP.
A vicinity map at a scale of not more than four hundred (400) feet to the inch shall be shown on, or accompany, the preliminary plat. This map shall show all existing subdivisions, roads, tract lines of acreage parcels together with the names of the record owners of parcels of land immediately adjoining the proposed subdivision and between it and the nearest existing thoroughfares. It shall also show how roads in the proposed subdivision may connect with existing and proposed roads in neighboring subdivisions or undeveloped property to produce the most advantageous development of the entire neighboring area.
(Ord. 82-16. Passed 4-19-82.)
1179.06 HORIZONTAL SCALE OF PRELIMINARY PLAT.
The horizontal scale of a preliminary plat shall be one hundred (100) feet or less to the inch. (Ord. 82-16. Passed 4-19-82.)
1179.07 CONTENTS.
Preliminary Plat shall show:
(a) The proposed name of the subdivision;
(b) North point, scale and date;
(c) The names and addresses of the subdivider and of the engineer and surveyor;
(d) The tract designation and other description according to the real estate records of the tax-map office;
(e) The boundary line (accurate in scale) of the tract to be subdivided;
(f) Contour map of the area embraced shall be submitted. Contour intervals as referred to sea level datum are not to exceed five (5) feet. Scale of drawing not to exceed 1" equals 100'.
(g) The location, widths, and names of all existing or platted roads or other public ways within or adjacent to the tract, existing permanent buildings, railroad rights of way and other important features, such as lot lines, political subdivisions, or corporation lines;
(h) The names of adjacent subdivisions or the names of record owners or adjoining parcels of unsubdivided land;
(i) Existing sewers, water mains, culverts or other underground structures within the tract and immediately adjacent thereto with pipe sizes, grades and locations indicated;
(j) All parcels of land intended to be dedicated for public use or reserved in the deeds of the use of all property owners in the proposed subdivision, together with the purpose of conditions or limitations of such reservation, if any;
(k) The layout, names and widths of proposed roads and easements;
(l) The building line proposed for each road;
(m) The profile of each road with tentative grade. Sea level datum shall be used;
(n) The cross section of proposed roads showing the width of roadways, ditches, locations and width of sidewalks, and the location and size of utility mains;
(o) Pan and profile of proposed and sanitary storm water sewers, with grades and pipe sizes indicated, and culverts and bridges;
(p) The layout, numbers, and approximate dimensions of proposed lots;
(q) A statement that the lot areas and setback lines shown, as well as other proposed land uses are in accordance with the regulations of existing zoning laws.
(Ord. 82-16. Passed 4-19-82.)
1179.08 APPROVAL OF PRELIMINARY PLAT.
The following qualifications govern approval of the preliminary plat:
(a) The approval of a preliminary plat by the City Planning Commission is strictly tentative, involving merely the general acceptability of the layout as submitted.
(b) The Planning Commission may require such changes or revisions as are deemed necessary to the welfare and needs of the community.
(c) Approval of the engineering details of the proposed roads, sewer and water systems and other proposed public facilities by the City Engineer and Engineer of jurisdiction will be required prior to the approval of the final plat by the Planning Commission.
(d) Tentative approval shall be effective for a maximum period of twelve (12) months unless, upon application of the developer the Planning Commission grants an extension. If the final plat has not been recorded within this time limit, the preliminary plat must again be submitted to the Planning Commission for approval.
(e) A sample of the contents of a preliminary plat is included in Appendix "C" of these Regulations. (Ord. 82-16. Passed 4-19-82.)
1181.01 FILING.
(a) After approva1 of the preliminary plans by the Council and Planning Commission and the fulfillment of the requirements of these Regulations and any other requirements specified by the Council and Planning Commission, the final plat can then be submitted to the Council and Planning Commission for approval. The final subdivision plan shall be clearly and legibly drawn in India ink on tracing cloth of good quality or on mylar, .003 inch thick. The size of the sheets of the tracing cloth shall not exceed 18 inches by 24 inches. Marginal lines shall be drawn around the entire sheet, leaving a margin of one inch from the edge of the sheet. If more than one sheet is needed, each sheet shall be numbered, the relation of one sheet to another clearly shown, and the number of sheets used shall be set forth in the title of the plat.
(b) Action must be taken by the Planning Commission within thirty (30) days after submission of the plat.
(c) Upon approval by the City Council, the developer shall record the plat with the County Recorder within three (3) months. If not recorded within this time, the approval of Council and Planning Commission shall be null and void.
(Ord. 82-16. Passed 4-19-82.)
1181.02 CONTENTS.
The Final Plat shall contain the following:
(a) Title: Name of Subdivision
Lot Number
Township - Section
Scale 1" equals 100' or less
Date
(b) North point.
(c) Boundary of plat, based on an accurate traverse, with angular and lineal dimensions. The survey error of closure shall not exceed 1:25,000.
(d) A table showing the total acreage contained in subdivision, the acreage in lots and the acreage in roads. If the subdivision is in two lots, then the above mentioned acreage shall be shown for each lot.
(e) Exact location, width, and name of all roads within and adjoining the plat, and the exact location and width of all alleys and crosswalks.
(f) True angles and distances to the nearest established road lines and official section monuments which shall be accurately described on the plat.
(g) Municipal, township, county or lot lines accurately tied to the lines of the subdivision by distances and angles.
(h) Radii, internal angles, points of curvature, tangent bearings, lengths of all arcs, and lengths and bearings of all chords.
(i) All easements for right of way provided for public services or utilities.
(j) All log numbers and lines with accurate dimensions in feet and hundredths.
(k) Provide location of permanent monuments on the boundary and streets; and iron pins at each lot corner.
(l) The plat shall show any or all easements of right of way when provided or owned by public utilities and any areas to be dedicated or reserved for public use, or any area to be reserved by deed covenant for common use of all property owner.
(m) Building setback lines accurately shown with dimensions.
(n) Certification by registered surveyor to the effect that the plat represents a survey made by him and that the monuments shown thereon exist as located and that all dimensional and geodetic details are correct.
(Sec. 711.04, ORC)
(o) Notarized certification by the owner or owners of the adoption of the plat and the dedication of streets and other public areas.
(Sec. 711.04, ORC)
(p) Signatures of the following officials signifying approvals in accordance with their respective responsibilities are required on a copy of the final plat a sample of which is included in the Appendix of these Regulations.
(1) Approval of plat by the City and Planning Commission.
(2) Approval of plat by City Engineer.
(3) Approval of roads by County Engineer.
(4) Approval of Secretary of County Zoning Commission in those townships having zoning.
(5) Proper notations for transfer and recording by the County Auditor and the County Recorder.
(q) Construction Plans. For all roads to be constructed in the allotment, a plan and profile of each road, drawn on Standard Federal Aid Sheets or equal, shall accompany the final plat. Scale to be used: Horizontal 1" equals 50'; Vertical 1" equals 5'. Linen FAS Sheets and India ink or mylar and mylar pencil shall be used. Sea level (USGS) datum shall be used. In addition, a general utility plan showing all rights of way, utilities and roads shall be provided at a scale of 1" = 100' on 24" x 36" size. Additional details, typical sections, grading plan, cross- sections, general notes, quantities and calculations shall be provided.
(Ord. 82-16. Passed 4-19-82.)
1183.01 STREETS AND ROADS.
The road layout shall be designed for the most advantageous development of the entire neighboring area. All proposed roads shall be in alignment with existing planned or platted roads with which they are to connect.
(a) The layout shall be such as to keep interference with main traffic flows to a minimum.
(b) Wherever the proposed subdivision contains or is adjacent to a railroad right-of- way, or limited access highway, provision shall be made for a road approximately parallel to and on each side of such right-of-way at a distance suitable for the appropriate use of the land between such road and railroad or limited access highway. Such distance shall be determined with due consideration of the minimum distance required for approaches to future or existing grade separations.
Where a subdivision adjoins a U.S. or State highway, or primary or secondary street as shown on the Comprehensive Plan, the minimum interval between street or highway access points to the major street shall be 300 feet.
(c) Proposed roads shall be adjusted to the contour of the land so as to produce usable lots, streets of reasonable gradient and economy in cost of improvements.
(d) Certain proposed roads shall be extended to the boundary line of the tract to be subdivided sufficiently to provide for normal circulation of traffic within the neighboring area. No reserved strips blocking extension of improvements of adjacent property wi11 be permitted.
(e) Wherever there exists a dedicated or platted half-road adjacent to the tract to be subdivided and approved by the City and Planning Commission, the other half shall be platted.
(f) Alleys will not be approved.
(g) Residential roads shall be so laid out as to discourage their use as primary roads and to provide adequate protection from nearby traffic hazards.
(h) A turnaround shall be provided at all temporary dead-end roads where two or more lots face such dead-end road, or where the road is more than 250 feet in length.
(Ord. 82-16. Passed 4-19-82.)
1183.02 BLOCK DESIGN.
(a) Block lengths shall not exceed 1,500 feet and cul-de-sac or dead end streets shall not exceed 600 feet, except where existing topographical conditions make adherence to these requirements impracticable.
(b) Block widths shall normally be sufficient to provide for two rows of lots with allowances for required utility easements.
(c) Blocks shall be as large as is practicable within the specified maximum length so as to provide for the most efficient utilization of the land, economy of construction, and maintenance of the streets and utilities, and reduction of intersectional traffic hazards.
(d) Irregularly shaped blocks, indented by cul-de-sacs or loop roads and containing interior parks or playgrounds, may be accepted when properly designed and located and when covered by agreements on the maintenance of interior public spaces.
(e) In areas zoned for commercial or industrial uses, blocks shall be designed specifically for the kind of non-residential occupancy intended, with adequate space set off for off- street parking and delivery facilities.
(Ord. 82-16. Passed 4-19-82.)
1183.03 EASEMENTS.
Easements for the establishment of electric, gas, telephone, sewer and water lines shall be provided in all subdivisions. Easements shall have a width of seven and one-half (7-1/2) feet measured on each side of a lot line, or such additional width as may be required for necessary access to the utility involved.
(Ord. 82-16. Passed 4-19-82.)
1183.04 RIGHTS OF WAY AND ROADWAY PAVEMENT SPECIFICATIONS.
Minimum Right-of-Way and Roadway Pavement Widths:
Type | Right of Way | Pavement Widths |
Four-lane primary highways |
100 feet |
48 feet |
Two-lane primary roads |
70 feet |
24 feet |
Secondary highways |
60 feet |
20 feet |
Major community thoroughfares |
70 feet |
48 feet |
Collector street |
60 feet |
38 feet |
Minor (local) streets |
50 feet |
28 feet |
Type | |
Cul-de-sac or turnaround | The terminal shall be a circular area in which the 22-foot pavement is carried around an island. The inner radius of the pavement, measured from the center line of the road extended, shall be 28 feet. The minimum right of way shall be 120 feet. Proper drainage shall be provided. The area encompassed in the segments of the turn- around lying outside the right of way of the road shall be in the nature of an easement for road purposes and revert to the abutting property owners when the road is legally extended. |
(Ord. 82-16. Passed 4-19-82.)
1183.05 INTERSECTIONS.
(a) At road and alley intersections, property line corners shall be rounded by an arc, the radius of which shall be 20 feet. In business district, a chord may be substituted for such an arc.
(b) Street curb intersections shall be rounded by radii of at least 30 feet.
(c) The foregoing minimum radii shall be increased when the smallest angle of intersection is less than 60 degrees.
(Ord. 82-16. Passed 4-19-82.)
1183.06 LOTS.
The size, shape and orientation of lots shall be appropriate for the location of the proposed subdivision and the type of development contemplated, and shall conform to any existing zoning regulations.
(a) No lot shall have less area or width than is required by any zoning regulations applying to the area in which it is located. If no zoning is in effect, the following minimum average lot sizes and setbacks shall be met:
Development | Minimum Setback from Right of Way ** | City Sewer and Water Available | Outside City Limits | |
Group Water or Sewer Available | Group Sewer and Water Not Available | |||
Single-family | 30' | 50' frontage * 6,000 sq. ft. | 80' frontage * 13,600 sq. ft. | 80' frontage * 20,000 sq. ft. |
Two-family | 30' | 85' frontage * 12,000 sq. ft. | 120' frontage * 19,200 sq. ft. | Prohibited |
Development | Minimum Setback from Right of Way ** | City Sewer and Water Available | Outside City Limits | |
Group Water or Sewer Available | Group Sewer and Water Not Available | |||
Multi-family (3 or more families) | 30' | 100' frontage * 5000 sq. ft. per dwelling unit | 200' frontage * 10,000 sq. ft. per dwelling unit | Prohibited |
Commercial | 30' | 100' frontage 20,000 sq. ft. | 150' frontage 30,000 sq. ft. | 200' frontage one acre |
Industrial | 50' | 120' frontage 24,000 sq. ft. | 150' frontage one acre | 300' frontage two acres |
* The minimum lot frontage or lot width shall be measured at the building line.
** Minimum setback from the centerline on all state and federal routes shall be 100 feet, and for all county and township roads the setback from the centerline shall be 75 feet.
NOTE: The aforesaid lot requirements shall become null and void upon the adoption of Zoning Regulations by the City
(b) No lot shall be subdivided after acceptance of the original plat, unless it meets all minimum lot standards.
(c) Every lot shall abut on a road or on an officially approved cul-de-sac.
(d) Side lot lines shall be approximately at right angles to the centerline of the road. On curved roads, the side lot lines shall be radial lines if practicable.
(e) Where the traffic is subdivided into larger parcels than normal building lots, such parcels shall be arranged so as to allow for the logical resubdivision of such parcels and for the planned opening of future streets and extensions of existing streets.
(f) On corner lots a uniform setback shall be maintained from both streets.
(g) 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 (20) feet to the intersection of the property line. (Ord. 82-16. Passed 4-19-82.)
1183.07 BUILDING LINES.
Building lines shall be established in conformity with existing zoning regulations. They shall be designed with due regard for the size and shape of the lots, the width of the road, the topography, and the character of the subdivision. They may be varied along a single block front or road for greater attractiveness, if the consent of the City Council and Planning Commission is given.
The location of existing homes should be given consideration when establishing building setback lines.
(Ord. 82-16. Passed 4-19-82.)
1183.08 PUBLIC SITES AND OPEN SPACES.
(a) Consideration shall be given to the allocation of areas suitably located and of adequate size for playgrounds, school sites, parks, and other outdoor recreational facilities as indicated on the adopted New Lexington Comprehensive Plan, and to be made available by one of the following methods:
(1) Dedication to the City or County to public uses; fee simple dedication to the City.
(2) Reservation of land for the use of property owners by deed or covenants.
(b) Such areas shall constitute a minimum of three (3) percent of each area platted unless this requirement is waived by the Planning Commission.
(c) When, by reason of a topographical condition with a subdivision, the amount of acreage within a subdivision, the nature or development of the area surrounding a subdivision or because of other exceptional circumstances, the Commission determines that the dedication or reservation of public sites and open spaces for playgrounds, school sites, parks, etc. as required by subsections (b) and (c) is impracticable, undesirable, unsuitable, uneconomic or not in accord with the New Lexington Comprehensive Plan, the Commission may require in lieu thereof that the subdivider dedicate or deed to the City other lands of the subdivider which are acceptable to the Commission for the purposes intended by this section or to deposit with the City a sum of money equal in amount to three percent (3%) of the total value of the land within the subdivision. Said three percent value shall be determined by agreement between the Commission and the Subdivider or shall be three percent of one-half of the total of two sealed land appraisals of the subdivision to be submitted to the Commission, one by an appraiser designated by the subdivider and one by an appraiser designated by the Commission. Provided that the sealed appraisals shall each be within fifteen percent of the average of the two appraisals. New appraisals shall be required until each of said appraisals is within 15% of the average of such new appraisals. The Commission and the subdivider shall each bear the costs of their respective appraisals.
Monies deposited with the City under the provisions of this subsection shall be placed in a special fund designated by the legislative authority of the City and shall be appropriated and used by the City solely for the acquisition, maintenance, development, improvement or equipping of playgrounds, school sites, parks and other outdoor recreational lands of the City.
The subdivider of a subdivision may request that the provisions of this subsection be made applicable to his subdivision and the Commission may grant such request at its discretion if the granting thereof would not be repugnant to the recommendations and provisions of the New Lexington Comprehensive plan.
(Ord. 82-16. Passed 4-19-82.)
1183.09 SIDEWALKS.
Concrete sidewalks shall be required on both sides of any street and around all cul-de-sacs. In other instances, the Commission may require such sidewalks as it deems necessary to provide for the safety of pedestrians in walking to schools, recreation areas, commercial centers or other similar generators of pedestrian traffic.
(Ord. 82-16. Passed 4-19-82.)
1183.10 TREES.
Street trees when planted shall be located outside of the street right-of-way and any sewer or water easements that may be adjacent to the street right-of-way and planted in such manner as not to impair visibility at any corner or corners. Subdividers and developers shall retain existing trees and plant trees on each lot wherever practicable. The Commission will cooperate in giving species of trees for planting.
(Ord. 82-16. Passed 4-19-82.)
1183.11 NAMES.
The proposed name of the subdivision and proposed street and road names shall not duplicate nor too closely resemble the name of any other subdivision or street or road in the City, County, or surrounding villages.
(Ord. 82-16. Passed 4-19-82.)
1185.01 STREET AND ROAD IMPROVEMENTS.
All improvements shall conform to the Ohio Department of Transportation Construction and Material Specifications, Ohio Environmental Protection Agency and City of New Lexington, Ohio unless stated otherwise. The minimum required street and road improvements as described in this section shall be installed by the subdivider subject to the approval of the City Engineer and shall include:
(a) Grade. Maximum percent of grade 10 percent and minimum of .4 percent. (Any greater shall have the permission of the Planning Commission).
(b) Pavement Types.
(1) Concrete street paving. All concrete pavement work for residential streets shall be done in accordance with and all materials shall meet the current State of Ohio Department of Transportation Construction and Materials Specifications for reinforced Portland cement concrete pavement Item 451 or plain Portland cement concrete pavement Item 452. Minimum thickness of concrete street pavement shall be six (6) inches for Item 451 and six (6) inches for Item 452.
(2) Bituminous concrete surface on aggregate base. The minimum pavement depth shall be not less than the equivalent of two (2) five (5) inch courses of 303 or 304 Aggregate Base and a surface of 2-1/2 inches of 404 Asphaltic Concrete or two (2) three and one-half (3-1/2) inch courses of 301 Bituminous Aggregate Base and a surface of two and one-half (2-1/2) inches of 404 Asphaltic Concrete. Surface materials shall be placed in two (2) courses and shall be the equivalent of two and one-half (2-1/2) inches of 404 Asphaltic Concrete. All work shall be done in accordance with, and all materials shall meet the current State of Ohio Department of Transportation Construction and Materials Specifications for: 411 Stabilized Crushed Aggregate Shoulders, 303 Waterbound Macadam Base Course, 304 Aggregate Base, 301 Bituminous Aggregate Base, 302 Asphalt Concrete, 408 Bituminous Prime Coat and 402, 403, 404 and 412 Asphalt Concrete. The 408 Bituminous Prime Coat is required on all 303 and 304 items at a rate of .5 gallon per sq. yd.
(3) Pavement material testing. All paving materials shall be tested at the developer's or contractor's expense. Samples shall be taken and tested from the material source, or material producer, prior to construction. During construction, samples of materials being used shall be taken and tested at every third station of each pavement lane and at other locations as the City Engineer may request. All testing shall be done by an approved testing laboratory and in accordance with current Ohio Department of Transportation testing practices for material approval for highways. Three (3) copies of the laboratory report for each sample shall be submitted to the City Engineer.
(c) Horizontal Curvature. Maximum horizontal curvature of 30 degrees with a minimum sight distance of 300 feet.
(d) Vertical Curvature. Minimum clear sight distance of 200 feet.
(e) Curbs and Gutters. Curbs and gutters shall be provided on both edges of all pavement and shall be cast in place, concrete and constructed in accordance with Item 609, Combination Curb and Gutter Type 2.
Intersection Standards. All curbs at right-angle intersections shall have a minimum radius of twenty-five (25) feet measured to the back of the curb, except intersections involving arterial and collector streets, for which the City Engineer shall specify the radius. At intersections where the angle is other than ninety (90) degrees, the City Engineer shall specify the curb radius.
Where sidewalks are interrupted by curbs at street intersections or other locations, curb ramps shall be constructed at each pedestrian crosswalk. Curb ramps shall have non-slip surface texture and the design shall be in accordance with ODOT Standard Construction Drawing BP-12.
(f) Roadway Crown. Roadway Crown shall be 3/16 inches per foot from centerline to edge of pavement.
(g) Guard Rail and Seeding, etc. The necessity of guard rail, seeding, type of backfill or other special conditions, shall be determined with the assistance of the City Engineer before completion of the construction plan.
(h) 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:
TYPES OF STREETS | WIDTH OF PAVEMENT |
Primary roads, arterial highways and streets | Variable 20'-48' * |
Collector streets as described in the Comprehensive Plan | 38 feet |
Local streets serving low-density suburban development of over two families per acre | 28 feet |
Industrial service roads and residential development of less than two families per acre | 24 feet |
* To conform to applicable cross sections of Major Highway Plan, as determined by Planning Commission and Engineer.
(i) Sidewalks. Concrete sidewalks are to be constructed and shall have a minimum width of four (4) feet and a minimum thickness of four (4) inches.
(Ord. 82-16. Passed 4-19-82.)
1185.02 CONSTRUCTION OF IMPROVEMENTS.
(a) The subdivider has the option of constructing new streets and roads in accordance with the standards herein prescribed before the acceptance of the final plat, or he may post a performance bond guaranteeing the construction of the roads within two years of the acceptance of the final plat by the Planning Commission and City Council.
(b) The amount of the bond will be determined by the County Engineer who will base his estimate on the plans and profiles submitted by the Engineer.
(Ord. 82-16. Passed 4-19-82.)
1185.03 PROTECTION OF DITCHES.
The developer shall adequately protect all ditches to the satisfaction of the Engineer by one of the following methods:
(a) Ditch Protection in the Form of Item 659 - Seeding and sodding, shall be provided. The following shall be the allowable Ditch Velocities for seeding and sodding on various soil types:
Soil Type | Allowable Seeding Velocity FPS | Allowable Sodding Velocity FPS |
a. Fine sand | 2 | 5 |
b. Silt loam | 2 | 5 |
c. Ordinary firm loam | 2.5 | 5 |
d. Stiff clay | 3 | 6 |
e. Graded silt to cobbles | 4 | 6 |
f. Weathering shales | 5 | - |
g. Coarse gravel | 6 | 7 |
When the outlet velocity of culvert pipes, drive pipes, or side drains is in excess of the above allowable velocities, sufficient length of Paved Gutter, shall be provided for transition to allowable velocity.
The drainage section of the Division of Design and Construction, Location and Design Manual (0DOT) shall be used as the basis for design.
Computations, drawings, and drainage area maps used to design the above Ditch Protection shall be submitted to the Engineer along with the plans and profiles as a basis for approval.
In all cases, the Ditches shall be in a stable condition free from either erosion or sedimentation at the time of final approval.
Ditch Easement. On each side of ditch measured from top of slope, 30 ft.
(b) Paved Gutters. This item shall consist of the construction of a brick, concrete, or stone paved gutter and shall be used in all ditches where the grade exceeds 2-1/2 percent. (Ord. 82-16. Passed 4-19-82.)
1185.04 STORM DRAINAGE.
(a) The design of the subdivision shall provide the necessary means to assure complete drainage in and adjacent to the property to be developed or subdivided. The subdivider or his engineer shall submit all drainage calculations along with the improvement plans. A ten year storm is to be used for storm sewers and ditches along with suitable runoff factors for the completed development both within the subdivider’s property and all lands upstream from the subdivider’s property. Culverts shall be designed on a 25 year storm frequency.
(b) If the design storm flow is calculated in an amount which can be conducted adequately by a 48-inch conduit or less, then the developer shall install a conduit of sufficient capacity up to 48 inches in size to conduct this drainage on and through the subdivider's property. If the design flow is calculated in an amount in excess of the capacity of a 48-inch conduit, then the subdivider must provide either a conduit or an open drainage channel treatment designed as provided herein. When necessary, outlet ditches or closed storm sewers of an approved type and size shall be required as part of the construction. If there is an easement or rights of way to be obtained by the subdivider for construction and future maintenance, these rights of way or easements shall be shown on final plat. Two copies of the easement shall be furnished to the Engineer.
(c) All storm sewer pipe shall be a minimum of twelve (12) inch diameter and have a minimum cover of two (2) feet. All storm drainage under pavement and to a point three (3) feet outside pavement shall be reinforced concrete tile or corrugated metal pipe and the trench shall be backfilled with an approved porous material (ODOT 603).
(d) Using an "n" factor of -.013, the following grades of pipe line shall be considered minimum:
Pipe Size (inches) | Minimum Grade (inches) |
12 | 0.33 |
15 | 0.23 |
18 | 0.18 |
21 | 0.14 |
24 | 0.12 |
For sizes larger than twenty-four (24) inches where an "n" factor other than 0.013 is used, the minimum grade shall be considered as that which produces a full flow velocity of not less than two and one half (2-1/2) feet per second. A maximum grade shall be one that produces velocities in excess of ten (10) feet per second.
(e) All storm sewer pipe shall be in accordance with the current State of Ohio Department of Transportation Construction and Material Specifications, Section 707.01, 707.02, 707.03 and 707.04 may be used upon approval by the City Engineer. The gauge of metal pipe shall be determined by the design engineer after proper consideration has been given to loads, cover and soil conditions. An "n" factor of 0.021 shall be used in all hydraulic calculations where aluminum, or galvanized metal, corrugated metal pipe is proposed.
(f) Manholes. Manholes, or inlets serving as manholes, shall be spaced at intervals of 400 feet or less for pipe twenty-four (24) inches or less in diameter, and at all grade, alignment and pipe size changes. Manholes shall be constructed of pre-cast concrete rings and domes. All work and materials shall be in accordance with Item 604 of the current State of Ohio Department of Transportation Construction and Material Specifications. Manholes shall be designed and constructed in accordance with the design shown in ODOT Standard Construction Drawing MH-3.
(g) Inlets. Inlets shall be designed to accept not less than one and one-half (1-1/2) cubic feet of storm water per second. Inlet time shall be computed by the design engineer. However, the maximum inlet time shall be as follows:
Distance of Travel to Inlet (feet) | Inlet Time (minutes) |
100 | 12 |
200 | 16 |
300 | 20 |
Inlets shall be designed and constructed in accordance with the design shown on ODOT Standard Construction Drawings CB-3, 3A, 6, 2-2A, and B, 2-3, 2-4, 2-5 and 2-6 or I-2A paved shoulder inlet. (Ord. 82-16. Passed 4-19-82.)
1185.05 STREET AND ROAD NAME SIGNS.
Signs with names approved by the County Engineer will be erected by the subdivider at all street and road intersections. The signs shall be constructed in accordance with standards supplied by the County Engineer.
(Ord. 82-16. Passed 4-19-82.)
1185.06 UTILITIES.
(a) Water Supply.
(1) Waterlines.
A. All water supply systems shall comply with the requirements of the Ohio Environmental Protection Agency and the City. Service lines shall be provided only where subsurface conditions would make later installation impossible without removal of pavement. Dead-end lines are prohibited unless the line is less than four hundred (400) feet long and a hydrant is placed on the end. Water lines shall be of such size as is constant with the overall development of the community and shall meet the requirements of the City Engineer but shall not be less than six (6) inches in diameter.
B. Cast iron pipe shall be in accordance with the American National Standard Association Specifications A 21.6, A 21.8 and A 21.11. Ductile iron pipe shall be in accordance with the American National Standard Association Specifications A 21.50 and A 21.51 or asbestos cement pressure pipe ASTM C 296-72 or equal. All pipe joints shall be of the slip-on type using a rubber ring gasket. Upon approval by City Council, the developer may request the use of PVC waterline pipe AWWA C-900.
C. Fittings shall be in accordance with the American National Standard Association Specifications A 21.10 and joints shall be in accordance with the American National Standard Association Specifications A 21.11 for mechanical joints.
D. Lining on all cast iron or ductile iron pipe and fittings shall be standard thickness cement mortar in accordance with American National Standard Association Specifications A 21.4.
E. Hydrostatic tests of all pipe shall be made before acceptance and shall be to the working pressure of the pipe. Permissible leakage shall not exceed seventy-five (75) gallons per twenty-four (24) hours per mile of pipe per inch at diameter.
F. Disinfecting of pipe shall be accomplished in the following manner: Before acceptance, lines shall be drained and then filled at a slow rate with chlorine being introduced to provide a minimum of fifty (50) parts per million. Should the chlorine residual at the end of the 24-hour period be less than ten (10) parts per million residual at the end of a 24-hour period is attained.
G. Following the disinfection period, the line shall be drained and flushed until the replacement water throughout the entire length of the line shall, upon test, be equal in quality to the water from the existing system. Bacteriologically, the City shall test the quality of the water, and if the bacteriological test is unsatisfactory, the Contractor shall repeat the entire disinfecting process until a satisfactory test is achieved.
H. Trenches for water lines shall be excavated and backfilled in accordance with the current State of Ohio Department of Transportation Construction and Material Specifications, Section 603, for Type C conduits. Water lines shall be bedded with aggregate 6" deep. Water lines installed under pavements or sidewalks shall be backfilled with Ohio Department of Transportation Item 310, granular material compacted in place.
I. There shall be a minimum of four (4) feet of cover over water lines at all locations and 18" vertical and 10' horizontal separation from any sanitary sewer, unless otherwise directed by the City Engineer.
(2) Valves. Valves shall be in accordance with the American Water Works Association Standard Specifications C 500 and shall be double-disc gates with non-rising stems. Valves shall be open by turning the stems in a counter-clockwise direction with a two (2) inch square operating nut. Valve boxes shall be 3-piece valve box, cast iron, five and one-quarter (5-1/4) inch screw adjusting type as manufactured by Clow Corporation or approved equal. Valve shall be installed at street intersections, in all directions for isolation. Air release valves as required by the City Engineer.
(3) Fire hydrants. Fire hydrants shall be in accordance with the American Water Works Association Standards Specifications C 502 and shall have a six (6) inch diameter, mechanical joint base. The hydrant shall include provisions for lengthening the barrel and for facing nozzles in any of eight (8) positions and shall be the safety flange type. The hydrant valve shall be five and one-quarter (5-1/4) inch and open counter-clockwise with a one (1) square inch operating nut. There shall be two (2) two and one-half (2-1/2) inch nozzles and one (1) four and one-half (4-1/2) inch steamer nozzle with National Standard Thread. Fire hydrants shall be of the safety flange break- away type with safety type stem couplings to allow the upper section of the hydrant barrel to separate from the lower section upon impact without damage. The main valve shall open against the water pressure and shall stay tightly closed if the hydrant is broken off or damaged. Fire hydrants shall conform to AWWA C-502 and shall be Mueller Type A-423 or Watrous Pacer hydrants or approved equal which shall have traffic break away flanges, one pumper nozzle and two supply nozzles. Fire hydrants shall be spaced 300' business and 500' residential. Where there is a dead end line, a flushing hydrant shall be provided.
(4) Service lines. Service lines shall be Type K, soft tempered copper or polyethylene high-density pipe, 160 pounds per square inch rating. Unions, where required, shall be Mueller Company H-15400 three-part union or equal. The requirements listed above are for three-quarter (3/4) inch water services. Where larger water service lines are required, components shall equal the above in quality as determined by the City Engineer. The minimum final cover over water service lines shall be four (4) feet.
(b) Sanitary Sewers.
(1) General. All public and community sanitary sewer systems shall comply with the requirements of the Ohio Environmental Protection Agency, as well as the requirements of the county of jurisdiction and the City of New Lexington.
(2) Pipe. Sanitary sewer pipe and installation shall meet the following specifications:
A. Sanitary sewers shall be designed on the basis of ten (10) persons per acre for a single-family residential area. If the subdivision is so located that it is part of a larger drainage basin, the sanitary sewer line shall adequately serve the calculated requirements of the entire drainage basin. The following per capita flows shall be observed in size determination of sanitary sewers.
B. Average Per Capita Flow = 100 gallons per day
Lateral and sub-main sewers = 400 gallons per capita per day
Main, trunk and outfall sewers - 250 gallons per capita per day
C. Minimum pipe size shall be eight (8) inches in diameter and five (5) feet in length. Minimum pipe size for house service shall be six (6) inches in diameter and four (4) feet in length and one shall be provided and extended to each lot line. Minimum grade for house laterals shall be 1/8" per foot over the entire run.
Main Sizes (inches) | Minimum Grade (percent) |
8 | 0.40 |
10 | 0.28 |
12 | 0.22 |
14 | 0.17 |
15 | 0.15 |
16 | 0.14 |
18 | 0.12 |
21 | 0.10 |
24 | 0.08 |
D. For sizes larger than twenty-four (24) inches, the minimum grade shall be considered as that which produces a full flow velocity of not less than two (2) feet per second.
E. Sewer pipe shall be vitrified clay pipe meeting ASTM Standard C- 700ES, ABS Truss Pipe meeting ASTM D2680, or PVC Pipe meeting ASTM D-3034 SDR35. Joints for vitrified pipe shall meet ASTM C425, premium joint, for PVC joint ASTM D3212. Service pipe and fittings for use with ABS pipe shall meet ASTM Standard D 2752. When PVC pipe is used, extra care shall be used during installation and backfill to insure proper lateral support.
F. Infiltration tests of a sewer line shall be made before acceptance. Tests shall be made from manhole to manhole or as may be ordered by the City Engineer. The maximum allowable infiltration shall be 200 gallons per inch of pipe diameter per mile per day. Exfiltration tests may be required by the City Engineer and the allowance shall be increased an additional ten (10) percent of each additional two (2) foot of head over a basic two (2) foot minimum internal head
G. As an alternative to the above, the Contractor may perform a low- pressure air test. The method referred to as "air testing" consists of applying low-pressure air to the section of sewer to be tested and recording the length of time in minutes for the internal air pressure to decrease from 3.5 to 2.5 pounds per square inch (greater than the average back pressure of any groundwater that may submerge the pipe). The time elapsed shall not be less than the time shown for the given size pipe per 100 foot of pipe in a table which is based on equations from ASTM C 828 which will be furnished by the City Engineer. All methods, materials, equipment and procedures shall be in accordance with the requirements of the Ohio Environmental Protection Agency.
H. All materials and equipment required for "tests" shall be furnished by the developer or contractor at their own expense.
I. Trenches for sanitary sewer shall be excavated and backfilled in accordance with the current Ohio Department of Transportation Construction and Material Specifications, Section 603. Sanitary sewers installed under pavements or sidewalks shall be backfilled with Ohio Department of Transportation Item 310 Granular Material Compacted in Place.
(3) Manholes.
A. Manholes shall be spaced at maximum intervals of four hundred (400) feet or less and at all grade, alignment and pipe size changes. Manhole walls shall be precast concrete and shall conform to American Society of Testing Materials Designation C 478, with tongue and groove type joints fitted with a flexible gasket conforming to American Society of Testing Materials Designation C 443. The manhole base section shall be furnished with an integral reinforced concrete bottom slab.
B. Manhole castings shall be Neenah Foundry R-1040 with Type E ventilating cast iron covers or an approved equal. Covers shall be designated “Sanitary Sewer.” Manhole steps shall be Neenah Foundry R-1980-1 cast iron steps, aluminum steps, poly vinyl chloride, or an approved equal.
C. Inlet and Outlet Seal. The manhole inlet and outlet holes shall have a permanent, flexible watertight joint between the manhole wall and the sewer pipe utilizing a neoprene compound gasket. Sealing the joints with mortar will not be acceptable. The gasket materials shall meet the requirements of ASTM C-443. All metal components of the joint, if any, shall be corrosion resistant such as anodized aluminum stainless steel or cast iron. There shall be a one-half (½) inch capped pipe nipple approximately ten (10) inches long installed through the manhole wall just above one of the openings provided for the sewer pipe. This pipe nipple shall be utilized in determining the depth of groundwater over the sewer. Manholes shall be designed and constructed in accordance with the design shown in ODOT Standard Construction Drawing MH-3.
(4) Individual sewage disposal facilities will only be permitted when unfeasible to connect to the City sewer.
(Ord. 82-16. Passed 4-19-82.)
1185.07 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, at points on 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 lay out any lot in the subdivision. The placement and type of monuments shall be subject to the approval of the City Engineer.
(Ord. 82-16. Passed 4-19-82.)
1185.08 INSPECTION.
The Engineer shall inspect all work performed by the developer or his agents to ascertain whether or not the work performed and the materials used are in accordance with the requirements and intent of the plans and specifications. When any improvements are constructed, the developer shall pay the cost of the inspector. The rate per hour will be the inspector's regular rate per hour as paid by the City plus out of pocket expenses and will be billed monthly for inspection fees.
(Ord. 82-16. Passed 4-19-82.)
1187.01 GENERAL PROVISIONS.
A hillside area as referred to herein is defined as one with an average slope of fifteen (15) percent or more. These Regulations apply to all hillside areas with an added limitation that areas with a slope of forty (40) percent or greater are considered extremely rugged and development limited to lots of two acres or more per family, and require the approval of the Planning Commission.
(Ord. 82-16. Passed 4-19-82.)
1187.02 DETERMINATION OF AVERAGE SLOPE.
The average slope for any hillside development shall be determined by the Planning Commission during the time of preliminary subdivision design. Determination will be on an area- by-area basis with each lot sized according to the average topographic change falling within each area. (Ord. 82-16. Passed 4-19-82.)
1187.03 MINIMUM LOT REGULATIONS PER FAMILY.
The minimum lot regulations per family (graph on the following page) shall be used to determine minimum lot area in thousand square feet once the average percent of slope is determined by the Planning Commission. Example for the use of this table is for a lot whose natural ground slope is eighteen (18) percent, the indicated lot area is twelve thousand (12,000) square feet, and the indicated average width is eighty-five (85) feet. Rounding should be made to the nearest five-foot interval.
(Ord. 82-16. Passed 4-19-82.)
1187.04 MINIMUM SLOPE REGULATION REQUIREMENTS.
Percent of Slope | Setback | Side Yard | Straight Curb and Gutter | |
Group 1 | 31% - over | 30' | 10% of lot width | Yes |
Group 2 | 27% - 30% | 30' | 10% of lot width | Yes |
Group 3 | 15% - 26% | 30' | 10% of lot width | Yes |
(Ord. 82-16. Passed 4-19-82.)
1187.05 GRADING PLAN.
Grading Plan shall show contour lines at five (5) foot intervals where average slopes exceed fifteen (15) percent and at least two (2) foot intervals where the average slope is less than fifteen (15) percent. Elevations are to be based on sea level datum (USGS). Datum for contours shall be indicated on the map.
(Ord. 82-16. Passed 4-19-82.)
1187.06 GRADING CONTROLS.
The approximate lot layout and the approximate dimensions shall be shown for each lot and of each building site. Where pads are utilized or proposed for building sites, engineering date shall show the existing topography and the approximate finish grades, location and size of each building site and finish grade of streets prior to consideration of the final record of survey map.
(Ord. 82-16. Passed 4-19-82.)
1187.07 CUTS AND FILLS.
(a) No land shall be graded, cut or filled so as to create a slope exceeding a vertical rise of one (1) foot for each two (2) feet of horizontal distance between abutting lots, and may do so within a lot only where a retaining wall of sufficient height and thickness is provided to retain the graded bank.
(b) Major cuts, excavation, grading and filling, where the same materially changes the site and its relationship with surrounding areas or materially affects such areas, shall not be permitted if such excavating, grading, and filling will result in a slope exceeding a vertical rise of one (1) foot for each two (2) feet of horizontal distance between abutting lots or between and adjoining tracts of land, except where adequate provision is made to prevent slides and erosion by retaining walls.
(Ord. 82-16. Passed 4-19-82.)
1187.08 COMPACTION OF FILL.
All fill shall be compacted to a density of ninety (90) percent or greater.
(Ord. 82-16. Passed 4-19-82.)
1187.09 STREETS.
(a) Design and Arrangement. Excessive rights-of-way may be avoided to encourage aesthetics in road design and to avoid wide streets from destroying trees and natural land formation.
(b) Alignment.
(1) Vertical profile grades. Vertical profile grades shall be connected by vertical curves up to twenty (20) percent, but only for short, straight stretches.
(2) Minimum horizontal. The radii of centerline curvatures shall be no less than seventy-five (75) feet.
(3) Visibility requirement. Waiver of visibility requirements (Section 1185.01) shall be given subject to the approval of the Planning Commission.
(4) Street grades. Waiver of vertical curve requirements (Section 1185.01) shall be given subject to the approval of the Planning Commission.
(Ord. 82-16. Passed 4-19-82.)
1187.10 BUILDING LINES AND EASEMENTS.
Where the subdivision areas are to be used for residential purposes, the building line shall be established according to the following table:
Minimum Building Setbacks | |
Group 1 | 30 feet from the right-of-way |
Group 2 | 30 feet from the right-of-way |
Group 3 | 30 feet from the right-of-way |
(Ord. 82-16. Passed 4-19-82.)
1187.11 LOTS.
(a) Eighty (80) percent or more of the lots in any given subdivision shall conform to the minimum required lot area. The average size of all lots will conform to the minimum lot regulations.
(b) Lot area in thousands of square feet shall be determined by charting the average natural ground slope on the minimum regulation per family. Rounding should be made to the nearest five (5) feet of frontage interval.
(Ord. 82-16. Passed 4-19-82.)
1187.12 UNDEVELOPABLE LAND.
Land subject to flooding, land with excessive slope, and land deemed by the Planning Commission to be undesirable for development shall not be platted for residential occupancy, nor for such other uses as may involve danger to health, life or property or to aggravate the erosion or flood hazard. Such land shall be set aside for compatible uses.
(Ord. 82-16. Passed 4-19-82.)
1187.13 UTILITY AND STREET IMPROVEMENTS.
(a) Sewage Disposal. Only where public sewers are not available and where private sewage disposal systems will be utilized, the results of a percolation test shall be submitted in accordance with the recommendation of the County Health Officer.
(b) Street Improvements.
(2) Driveways. The maximum grade on driveways shall not exceed ten (10) percent. Each drive shall provide sufficient space and distance to turn around prior to entering the street.
(Ord. 82-16. Passed 4-19-82.)
1187.14 SIDEWALKS.
(a) Concrete sidewalks having a minimum width of four (4) feet and having minimum thickness of four (4) inches shall be installed on the uphill side of group 3 (15-26%) subdivisions.
(b) All subdivisions with an average natural ground slope of twenty-seven (27) percent and over shall provide a three (3) foot graded area on the uphill side of the right-of-way.
(Ord. 82-16. Passed 4-19-82.)
1187.15 RETAINING WALLS.
Retaining walls may be required wherever topographic conditions warrant or where necessary to retain fill or cut slopes within the right-of-way. Such improvements shall require the approval of the Engineer or his duly authorized agents.
(Ord. 82-16. Passed 4-19-82.)
1189.01 RECORDING OF PLAT.
No plat of any subdivision shall be entitled to record in the Office of the Recorder of the County 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 Commission shal1 institute proceedings to have the plat stricken from the records of Perry County, State of Ohio. (Ord. 82-16. Passed 4-19-82.)
1189.02 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 Commission, and endorsed in writing on the plat, unless the said plat is first resubmitted to the Commission.
(Ord. 82-16. Passed 4-19-82.)
1189.03 FEES.
(a) 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 | $30.00 |
6-10 | 100.00 |
11-15 | 120.00 |
16-20 | 140.00 |
21-25 | 160.00 |
26-30 | 180.00 |
31-35 | 200.00 |
36 and over | 200.00 plus $2.00 for each lot in excess of 35 |
(b) The filing fee shall be paid in legal tender or by check or money order made payable to the City and deposited with the City.
(c) In the event that a plat is disapproved by the Planning Commission before any physical inspection has been made of the site, the Commission may, at its discretion, order that the developer be refunded the fee paid to the City.
(d) In addition to the above filing fee, the subdivider shall be charged a fee by the City Engineer for the cost of final plan and plat reviews, determinations and inspections of all improvements which fall under his jurisdiction.
(1) The amount of deposit and method of payment shall be as required by the City.
(2) The determination and inspection shall be for all time spent by the City Engineer or his duly authorized representative in observing the subdivider's improvements. (Ord. 82-16. Passed 4-19-82.)
1189.04 SALE OF LAND IN SUBDIVISION.
No owner or agent of the owner of any land located within a subdivision shall transfer, sell, agree to sell or negotiate to sell any land by reference to, exhibition of or by the use of plan or plat of 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. 82-16. Passed 4-19-82.)
1189.05 VARIANCES.
(a) Hardship. 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, the Planning Commission may vary or modify these Regulations so that the subdivider may subdivide his property in a reasonable manner; but, at the same time, the public welfare and interest of the City and the surrounding area are thoroughly protected and the general intent and spirit of these Regulations are enforced.
(b) Large Scale Development. The standards and requirements of these Regulations may be modified by the Planning Commission in the case of a plan or program for a complete planned unit development, or a neighborhood unit, or a housing development, which in the judgement of the Planning Commission provides adequate public space and improvements for the circulation, recreation, light, air and service needs of the tract when fully developed and populated, and which also provides such covenants or other legal provisions as will assure conformity to and achievement of the plan.
(c) Conditions. In the granting variances and modifications, the Planning Commission may require such conditions as will, in its judgement, secure substantially the objective of the standards or requirements so varied or modified.
(Ord. 82-16. Passed 4-19-82.)
1189.06 PENALTIES.
(a) Whoever violates any rule or regulation adopted by the legislative authority of the City of New Lexington, Ohio, for the purpose of setting standards and requiring and securing the construction of improvements within a subdivision or fails to comply with any order pursuant thereto shall be charged with a misdemeanor of the first degree and upon conviction be imprisoned for no more than six (6) months and fined no more than $1,000.
(b) A county recorder who records a plat contrary to the provisions of these Regulations shall forfeit and pay not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00), to be recovered with costs in a civil action by the Law Director in the name and for the use of the City.
(c) Whoever, being the owner or agent of the owner of any land within or without a municipal 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 one hundred dollars ($100.00) 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.
(d) Any person who disposes of, offers for sale or lease for a time exceeding five (5) 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 one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) for each lot or part of a lot so sold, offered for sale or lease, to be recovered with costs in a civil action, in the name of the City of New Lexington, Ohio. (Ord. 82-16. Passed 4-19-82.)