New Middletown City Zoning Code
TITLE ONE
Subdivision Regulations
1101.01 TITLE.
Title One of this Part Eleven-Planning and Zoning Code shall be known as the New Middletown Subdivision Regulations.
(Ord. 88-1. Passed 6-23-88.)
1101.02 GENERAL PURPOSE.
These Subdivision Regulations shall be a guide to regulate the planning, subdividing and development of land in order to promote and protect the public health, safety, general welfare and be used as a tool to promote a development pattern which will encourage and secure the proper social and economic needs of the residents of the Village. It is intended that the provisions of these Subdivision Regulations shall be applied to achieve the following objectives also:
(a) To secure and provide pleasing and desirable subdivisions, through proper land use planning in accordance with established Municipal policies and plans.
(b) To provide reasonable assurance that adequate sanitary sewerage, storm drainage, sediment facilities, water supplies, heating fuels or services and public land is established, including convenient open spaces to permit access of utilities, traffic to include fire fighting and other emergency vehicles, light and air for the avoidance of congestion of population.
(c) To provide minimum, uniform development standards for subdivision design by establishing minimum engineering criteria, performance guarantees and still provide for environmental factors.
(d) To preserve the natural features of the land area; protect the vegetative cover of natural areas; help control surface water, subsurface water, air, noise, and visual pollution; help preserve, protect and retain areas of geological, archaeological and historical significance; regulate development in areas of geological concern, flood plains and in vicinities of previous mining activities; protect against loss or injury from inappropriate use of the land; otherwise help preserve and improve both the safety and the quality of the environment.
(e) To encourage continued accurate surveying of land subdivisions, preparation and recording of plats and the equitable processing of all subdivision plats by providing uniform procedures and standards for observance by both the approving authority and subdividers (developers).
(Ord. 88-1. Passed 6-23-88.)
1101.03 AUTHORITY.
(a) These regulations are enacted under the authority granted in Ohio R. C. Chapters 711 and 713.
(Ord. 88-1. Passed 6-23-88.)
(b) These regulations shall supersede any such regulations previously adopted, and shall become effective on the passage date of this ordinance.
1101.04 ADMINISTRATION.
These regulations shall be administered by the Mahoning County Planning Commission.
(Ord. 88-1. Passed 6-23-88.)
1101.05 JURISDICTION.
(a) These regulations shall apply to the unincorporated areas of Mahoning County in conformance with Ohio R. C. 711.001 et seq., which enables the Board of County Commissioners and the Mahoning County Planning Commission to adopt regulations governing subdivisions of land within their jurisdiction.
(b) These regulations shall also apply to any incorporated area within Mahoning County where a planning assistance contract has been lawfully adopted for the joint administration of these regulations under Ohio R. C. 713.23.
(Ord. 88-1. Passed 6-23-88.)
1101.06 SCOPE.
(a) Land Subject to These Regulations.
(1) The division of any parcel into two or more lots any one of which is less than five acres or minimum state standard.
(2) The allocation of rights-of-way and easements.
(3) The allocation of open spaces and public land.
(4) The annexation of a parcel(s) to incorporated areas.
(5) The sale or exchange of parcels between adjoining property owners where no additional buildings sites are created. See Section 1105.06.
(b) Land Not Subject to These Regulations.
(1) The division or partition of land into parcels of more than five acres each, not involving any new streets or easement of access.
(Ord. 88-1. Passed 6-23-88.)
1101.07 INTERPRETATION.
These regulations shall be interpreted as minimum requirements. These regulations are not intended to annul, repeal, abrogate or in any manner interfere with any lawfully adopted laws, rules, regulations or ordinances. However, where these regulations impose greater minimum requirements than is required by existing laws, rules, regulations or ordinances, then provisions of these regulations shall govern.
(Ord. 88-1. Passed 6-23-88.)
1101.08 VARIANCES.
A variance may be considered and granted by the Commission under the following circumstances:
(a) Where difficulties and/or hardships would be created by strict adherence to these regulations (primarily related to individual hardship).
(b) In circumstances where strict compliance to the regulations would be impractical (primarily duty to some existing geographical or site condition).
(Ord. 88-1. Passed 6-23-88.)
1101.09 AMENDMENT.
The Mahoning County Board of Commissioners may, following review and recommendation of the County Planning Commission and after a public hearing, amend, supplement or change these regulations. A notice shall be given of the time and place of such public hearing by publication in at least one newspaper of general circulation, published in Mahoning County, Ohio, thirty days prior to holding of the hearing and shall appear twice within the thirty day period. The amendment or amendments shall be on file in the office of the Planning Commission for public examination during the thirty days.
(Ord. 88-1. Passed 6-23-88.)
1101.10 SEPARABILITY.
Should any section, clause, or provision of these regulations be declared invalid by a court of law, such action shall in no way affect the validity of these regulations as a whole or any other part thereof.
(Ord. 88-1. Passed 6-23-88.)
1101.11 PROHIBITIONS, ENFORCEMENT AND PENALTIES.
(a) Recording of Plat. No plat of any subdivision shall be recorded by the County Recorder of Mahoning County or have any validity until such plat has received final approval in the manner prescribed in these regulations.
(b) Revision of Plat After Approval. No changes, modifications, revisions or erasure shall be made on any plat of a subdivision, after approval has been granted by the Mahoning County Planning Commission and endorsed in writing on the plat, unless the plat is first resubmitted to the Commission for reevaluation and appropriate action.
(c) Sale of Land Classified as a Subdivision. No owner, or agent of the owner, of any land classified as a subdivision, shall transfer or sell any land by reference to, exhibition of, or by the use of a plat of the subdivision before such plat has been approved and recorded in the manner prescribed in these regulations. The description of such lot or parcel (subdivision) by metes and bounds in the intended instrument of transfer or other documents used in the process of selling or transferring real estate shall not exempt the transaction from the provisions of these regulations.
(d) Penalties. The following penalties shall apply to the provisions of these regulations:
(1) Whoever violates any rule or regulation adopted by the Mahoning County Planning Commission and the Board of Mahoning County Commissioners for the purpose of setting standards, requiring and securing the construction of improvements within a subdivision, or fails to comply with any other requirement 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 civil action, brought in the Court of Common Pleas of Mahoning County by the Prosecuting Attorney in the name and for the use of Mahoning County.
(2) 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 brought by the Prosecuting Attorney of Mahoning County in the name and for the use of the County.
(3) The County Auditor and the County Recorder shall not transfer property or record deeds or leases which attempt to convey property contrary to the provisions of Ohio R. C. Chapter 711. In case of doubt, the County Auditor or County Recorder may require the person presenting such deed or lease to give evidence of the legality of a conveyance by metes and bounds by an affidavit as to the facts which exempt such conveyance from the provisions of Ohio R. C. Chapter 711.
(4) Whoever, being the owner or agent of the owner, of any land within the jurisdictional area of the Mahoning County Planning Commission, 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 of transfer shall not serve to exempt the seller from the forfeiture provided in this section. The sum may be recovered in a civil action brought by the Prosecuting Attorney in the name and for the use of Mahoning County.
(5) 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 costs in a civil action by the Prosecuting Attorney in the name and for the use of Mahoning County.
(Ord. 88-1. Passed 6-23-88.)
1101.12 FEES.
(a) Fees Required.
(1) Preliminary plat. Major Preliminary Plat (includes new street on which lots are to be platted).
Fifteen dollars ($15.00) upon submittal.
(2) Minor Preliminary Plat (not including new street on which lots are to be platted).
None.
(3) Final plat and replat.
Fifteen dollars ($15.00) minimum, additional lots exceeding ten lots, one dollar ($1.00) each.
(4) Correction plat.
Three dollars ($3.00)
No fee will be required if it is determined by the Planning Director that the correction is due to the oversight of a Commission staff person.
(5) Transfer without plat.
Five dollars ($5.00) per transfer.
(6) A. Any fee must be paid upon submittal.
B. No fee will be returned, once a receipt has been issued.
C. Any plat that has been disapproved by the Commission, or withdrawn, may be modified, and may be re-submitted within one year from the original date of submission without additional charge, provided the area included is essentially, the same as the original.
The Planning Director shall decide whether or not a re-submittal fee is required, if such a situation arises.
(b) Fee Exemptions.
(1) Public land plats submitted by any department of any political subdivision in Mahoning County.
(2) Plats submitted by the Board of Education.
(3) Plats of property dedicating land to Mahoning County or to any political subdivision located in such county, where no other subdivision of land is shown.
(Ord. 88-1. Passed 6-23-88.)
1103.01 INTERPRETATION OF TERMS OR WORDS.
For the purpose of these regulations, certain terms or words used herein shall be interpreted as follows:
(a) The word "person" includes a firm, association, organization, partnership, trust, company or corporation as well as an individual.
(b) The word "shall" is a mandatory requirement, the word "may" is a permissive requirement, and the word "should" is a preferred requirement.
(c) The word "lot" includes the words "plat or parcel".
(Ord. 88-1. Passed 6-23-88.)
1103.02 DEFINITIONS.
(1) "Accelerated erosion" means erosion much more rapid than normal, natural or geologic erosion, primarily as a result of the influence of the activities of man.
(2) "Alley" means a minor street used primarily for vehicular service access to the back or side of properties abutting on another street.
(3) "Arterial street" means a highway primarily for through traffic, carrying heavy loads and a large volume of traffic, usually on a continuous route.
(4) "Building setback line" means a line indicating the minimum horizontal distance permitted between a building and a street right-of-way line.
(5) "Butt lot" means a lot whose side abuts the rear line of another.
(6) "Cash escrow" means cash or an account in a financial institution for which custody has been provided to another until certain conditions are performed.
(7) "Cash payment" means funds established in order to service and maintain public land areas dedicated and/or established under these regulations or prior subdivision regulations within the governmental unit in which the subdivision is located.
(8) "Channel" means a natural or artificial watercourse that conforms and conducts sustained or intermittent streamflow.
(9) "Collector street" means a street, whether within a residential, commercial, industrial or other type of development, which primarily carries traffic from local streets to arterial streets, including the principal entrance circulation routes within residential subdivisions.
(10) "Commission" means the Mahoning County Planning Commission.
(11) "Comprehensive Development Plan" means a plan, or any portion thereof, adopted by the Planning Commission and/or the legislative authority of Mahoning County showing the general location and extent of present and proposed physical facilities including housing, commercial and industrial uses, major streets, public land, open space, schools and other community facilities. This plan establishes the goals, objectives, and policies of the community.
(12) "Conservation easement (scenic)" means an easement of varied width, established to preserve a natural feature of a development site or this type of easement can be used as a planning tool to create a new preservation feature of a development plan. This easement remains a part of the lots, parcels, etc., is restricted from specific building encroachment and is maintained by the lot owner. When a public utility or government controlled facility is within or adjacent to the development site, then maintenance rights are established or retained. The Commission reserves enforcement rights under these regulations.
(13) "Corner lot" means a lot located at the intersection of two or more streets.
(14) "County" means Mahoning County, State of Ohio.
(15) "Covenant" means a written promise or pledge.
(16) "Critical storm" means that storm, selected on the basis of the increased volume of stormwater runoff caused by development, which is used as the control limit in compensating for the increased volume of stormwater runoff from a development area.
(17) "Cul-de-sac" means a short street having one end open to vehicular traffic and the other end permanently terminated by a vehicular turnaround.
(18) "Culvert" means a transverse drain that channels stormwater under a bridge, street or driveway.
(19) "Curb" means the raised edge of the pavement to confine surface water to the pavement and to protect the abutting land from vehicular traffic.
(20) "Dead-end street" means a street temporarily having only one outlet for vehicular traffic and intended to be extended or continued in the future.
(21) "Dedication" means land set aside by the owner for some public use together with acceptance for such use by or on behalf of the public.
(22) "Density" means a unit of measurement; the number of dwelling units per acre of land.
(1) "Gross density" means the number of dwelling units per acre of the total land developed.
(2) "Net density" means the number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential uses.
(23) "Developer" means any individual, subdivider, corporation, firm, partnership, association, syndicate, trust or any other legal entity commencing proceedings under these regulations to effect a subdivision of land for himself or another.
(24) "Devil strip" means a strip of undedicated land along the border of a subdivision to prevent public access (also referred to as a "spite strip" or "reserve strip").
(25) "Diversions." See terraces and diversions.
(26) "Double frontage lot" means a lot fronting on two streets other than a corner lot.
(27) "Dwelling" means any building or portion thereof occupied or intended for occupation exclusively for residential purposes, excluding tent, cabin, trailer coach (motor home), trailer or other temporary or transient structure or facility.
(28) "Dwelling unit" means space, within a building comprising living, dining, sleeping room or rooms, storage closets, as well as space and equipment for cooking, bathing, and toilet facilities, all used by only one family and its household employees.
(29) "Earth disturbing activity" means any grading, excavating, filling, or other alteration of the earth's surface where natural or man-made ground cover is destroyed and which may result in or contribute to erosion and sediment pollution.
(30) "Easement" means authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his property.
(31) "Encroachment" means a building, part of building, or obstruction which intrudes upon or invades a highway, sidewalk or trespasses upon property of another.
(32) "Engineer" means any person registered to practice professional engineering by the State board of registration as specified in Ohio R. C. 4733.14.
(33) "Expressway" means a divided arterial highway for through traffic with full or partial control of access and generally with grade separation at intersections.
(34) "Fee simple title" means a sufficient conveyance to vest a fee simple title of all parcels of land shown on a recorded plat to the County where the plat is filed for record, which is named or intended for public use, for the uses and purposes therein named, expressed or intended and for no other use or purpose.
(35) "Flooding" means the rapid movement of water outside the usual course of a stream or river.
(36) "Flood Plain" means nearly level land, consisting of stream sediment, that borders a stream and is subject to flooding, unless artifically protected.
(37) "Floodway" means the channel and those parts of the adjoining flood plain that are reasonably required to carry and discharge the 100 year flood without a substantial increase in stage.
(38) "Floodway fringe" means the area within the regulatory flood plain that is outside the floodway. The floodway fringe serves primarily as backwater storage area.
(39) "Freeway" means an expressway with full control of access.
(40) "Frontage" means the horizontal or curvilinear distance along the street line upon which a lot abuts.
(41) "Frost action" means freezing and thawing of moisture in materials and the resultant effects on these materials and on structures of which they are a part or with which they are in contact.
(42) "Grade" means the slope expressed in a percent which indicates the rate of change of elevation in feet per hundred feet.
(43) "Gutter" means that portion of a right-of-way carrying surface drainage.
(44) "Hardship" means a condition not caused by the subdivider for which he may request a variance.
(45) "High pressure transmission line." For the purpose of these regulations, high pressure is 100 lbs. or more per square inch within the transmission line.
NOTE: The meaning of high pressure could possibly vary depending on the company involved; therefore the Commission may require confirmation from the governing transmission company.
(46) "Highway" means a general term denoting a public way for purposes of vehicular travel, including the entire area within the right-of-way.
(47) "Highway Director" means the Director of the Ohio Department of Transportation.
(48) "Improvements" means street pavement or resurfacing, curbs, gutters, sidewalks, water lines, sanitary facilities, storm drains, street lights, flood control and drainage facilities, utility lines, street signs, landscaping and other items in order to promote the health, safety and welfare of the public in general.
(49) "Inspection fee" means the fee paid by the developer for services provided in supervising construction and making inspections of all subdivision improvements, as contained on the approved (signed) construction drawings.
(50) "Intermediate highway" means a highway which carries a steady traffic volume and is a part of the local traffic circulation system.
(51) "Letter of Credit" means a written letter prepared by an authorized representative of a financial institution, committing availability of funds for a specified period of time and purpose until certain conditions are performed. Such funds being available upon presentation of letter.
(52) "Local street" means a street primarily for providing access to residential, commercial, or other abutting properties.
(53) "Location map" means a drawing located on the plat showing the site with relation to adjoining areas.
(54) "Loop street" means a type of local street, each end of which terminates at an intersection with the same arterial or collector street.
(55) "Lot" means a parcel of real estate, sufficient in size to meet the minimum standards of these regulations and conform to valid zoning ordinances in regards to land use, coverage and area, including all open spaces required by such regulations and ordinances.
(56) "Lot area" means the area of the lot exclusive of the street right-of-way.
(57) "Lot depth" means the average horizontal distance between the front (street right-of-way) and the rear lot line.
(58) "Lot frontage" means the horizontal or curvilinear distance along the street right-of-way line upon which a lot abuts.
(59) "Lot line" means a legally defined line dividing one tract of land from another.
(60) "Lot width" means the horizontal distance between the side lot lines at the minimum building setback line.
(61) "Maintenance bond" means an instrument posted by the owner(s) obligating the principal(s) to maintain all newly constructed improvements within a specified subdivision, for a predetermined amount, for an agreed period of time in order to insure the health, safety and general welfare of the Community.
(62) "Major highway" means a highway which carries a large volume of traffic (usually State or Federal Routes).
(63) "Major subdivision" means a plat involving one or more lots where a new street is being established, extended, reserved or vacated.
(64) "Major Thoroughfare Plan" means the comprehensive plan adopted by the Commission indicating the general location and intended right-of-way widths for Expressways, Major Highways, Intermediate Highways and Local Streets.
(65) "Minor highway" means a highway used as a neighborhood collector.
(66) "Minor subdivision" means a plat involving one or more lots where no street is being established, extended or reserved, but may include the widening of the existing right-of-way.
(67) "Monuments" means permanent concrete or iron markers used to established definitely all lines of the plat of a subdivision, including all lot corners, boundary lines and points of change in street alignment.
(68) "Open space" means an area open to the sky exclusive of streets, structures for habitation and the like. Primarily a green belt formed by a combination of natural features such as wooded areas, streams and/or man-made features, which create better breathing and living area between structures. A protective planning tool used today in order to help preserve and create a better environment in which to live and work.
(69) "Ohio R. C. means the Ohio Revised Code.
(70) "Pavement (roadway)" means that portion of a street having a constructed, paved surface for the facilitation of vehicular traffic.
(71) "Peak rate of runoff" means the maximum rate of runoff for any storm.
(72) "Permeability" means the quality of a soil horizon that enables water or air to move through it.
(73) "Planned Unit Development" means an area of land, in which a variety of housing types and/or related commercial facilities are accommodated in a pre-planned environment under are flexible standards, such as lot sizes and setbacks, than those restrictions that would normally apply under these regulations. The procedure for approval of such development contains requirements in addition to those of the standard subdivision, such as building design principles, landscaping plans and maintenance procedure
(74) "Planting strip" means the area in a street right of way between the edge of the pavement and the property line. Also known as tree, lawn or park strip.
(75) "Plat" means the map or drawing on which the developer's plan or subdivision is presented to the Commission for approval, whether it be preliminary or final.
(76) "Pollution abatement plan." See Sediment Control Plan.
(77) "Public land" means a parcel of real estate (lot or acreage) which has been established by these regulations within and/or adjacent to a major subdivision for public use. An area of this type is intended to make available to the people, a place which can be developed into the social and economic needs of the community and yet be used as an environmental tool in controlling unplanned urban sprawl, thereby helping to create a better place in which to live and work within the community. Example: subdivision park, wetlands, wooded area, historical, archaeological, geological areas, etc.
(78) "Right of way" means a strip of land acquired or dedicated for use as a public way. In addition to the pavement, it normally incorporates the curbs, planting strips, sidewalks, lighting, and drainage facilities and may include special features (required by the topography or treatment) such as grade separation, landscaped area, viaducts and bridges.
(79) "Run-off" means the surface water discharge or rate of discharge of a given watershed after a fall of rain or snow.
(80) "Rural area" means an area which is not highly populated and is normally referred to as the agricultural or farm belt vicinity of the County.
(81) "Seasonal high water table" means the highest level the water table reaches in most years.
(82) "Sediment" means solid material, both mineral and organic, that is in suspension, is being transported, or has been moved from its site of origin by wind, gravity, or ice, and has come to rest on the earth's surface either above or below sea level.
(83) "Sediment basin" means a barrier, dam, or other suitable detention facility built across an area of water flow to settle and retain sediment carried by the runoff waters.
(84) "Sediment Control Plan" means a written description, acceptable to the approving agency, of methods for controlling sediment pollution from accelerated erosion on a development area and/or from erosion caused by accelerated runoff from a development area. The Commission approves the plan.
(85) "Service street" means a street, parallel and adjacent to an arterial or collector street providing access to abutting properties and protection for motorists who would normally be confronted with a greater, steadier traffic volume on the adjacent arterial or collector street.
(86) "Setback line" means a line established by the subdivision regulations and/or the Zoning Ordinance, generally parallel with and measured from the lot line, defining the limits of a yard in which no building, other than an accessory building, or structure may be located above the ground, except as may be provided in such codes.
(87) "Sewers, sanitary, central or group" means a wastewater treatment system approved by the appropriate County, State and/or Federal agencies which provides a collection network and a central wastewater treatment facility for a single development, community or region.
(88) "Sewers, sanitary, on-site" means a septic tank or similar installation on an individual lot which utilizes an aerobic or anaerobic bacteriological process or equally satisfactory process for the treatment of sewage and provides for the proper and safe disposal of effluent, subject to the approval of health and sanitation officials having jurisdiction.
(89) "Shrink-swell potential" means the relative change in volume to be expected of soil material with changes in moisture content; that is, the extent to which the soil shrinks as it dries out or swells when it gets wet.
(90) "Sidewalk" means that portion of a street right of way outside the pavement which is improved for the use of pedestrian traffic. Sidewalks could possibly be constructed within other areas of a subdivision as part of an overall approved preliminary plan.
(91) "Slope" means the degree of deviation from the horizontal of the land surface.
(92) "Soil drainage" means the rapidity and extent of the removal of water from a soil, in relation to additions, especially by surface runoff and by flow through the soil.
(93) "Soil erosion" means the detachment and movement of soil or rock fragments by water, wind, ice, or gravity.
(94) "Soil loss" means soil moved from a given site by the forces of erosion and the redeposit of the soil at another site on land or in a body of water.
(95) "Soil stabilization" means chemical or structural treatment of a mass of soil to increase or maintain its stability or otherwise improve its engineering properties.
(96) "Street" means a public way for purposes of vehicular travel, which includes the entire area within the right of way. The term street is usually associated within the urban areas and is commonly referred to as a road in the rural areas.
(97) "Subdivision" means the division of any parcel of land shown as a unit or as contiguous units on the last preceding tax roll, into two or more parcels, sites, or lots, any one of which is less than five acres for the purpose, whether immediate or future, of transfer of ownership.
(98) "Subdivision bond" means a construction guarantee posted by the owner(s) of the land being subdivided for a predetermined amount to insure the proper completion of improvements as requested by the Commission, in order to insure the health, safety and general welfare of the community in general.
(99) "Sub-surface drainage" means the removal of excess water from below the soil surface by means of drain tile, perforated pipe, mole channels or other devices.
(100) "Survey" normally refers to the final plat, replat or the instrument prepared by a registered surveyor which is intended for recording.
(101) "Surveyor" means any person authorized to practice surveying as defined by the Surveyor's Registration Act of the State of Ohio, Ohio R. C. 4733.14.
(102) "Terraces and diversions" means low ridges constructed across the slope to intercept or divert runoff so that it soaks into the soil or flows slowly to a prepared outlet.
(103) "Thoroughfare" means a general term usually used to describe a public way which carries a larger volume of vehicular traffic, other than that normally carried by a local residential street.
(104) "Topsoil" means surface soils or soil material, ordinarily rich in organic matter or humus debris, used to top dress road banks, lawns and gardens.
(105) "Urban area" means a highly populated area of the county, whether it be an unincorporated township or an incorporated community.
(106) "Urban sediment pollution" means the failure to use management or conservation practices to abate wind or water erosion of the soil or to abate the degradation of the waters of the State by soil sediment in conjunction with land grading, excavating, filling, or other soil disturbing activities on land used or being developed for non-farm, commercial, industrial, or other non-farm purposes except lands being used in a strip mine operation as defined in Ohio R. C. 1513.01 and except lands being used in a surface mining operation as defined in Ohio R. C. 1514.01.
(107) "Variance" means the granting of an exception to these regulations where, in the opinion of the Commission, strict adherence would create difficulties and/or hardships (primarily related to individual hardship) or would be impractical (primarily due to some existing geographical or site condition).
(108) "Water table" means the highest part of the soil underlying rock material that is wholly saturated with water. In some places an upper, or perched, water table may be separated from a lower one by a dry zone.
(109) "Watershed" means the drainage basin in which the subdivision drains or that land whose drainage is affected by the subdivision.
(Ord. 88-1. Passed 6-23-88.)
1105.01 PRE-APPLICATION DISCUSSION.
Prior to the subdivision of any land, the subdivider or his agent shall discuss informally with the Planning Staff the property proposed for subdivision with reference to existing regulations and procedures.
(a) Pre-Application Sketch. Upon the request of the Planning Director or authorized staff representative, the subdivider shall furnish a sketch, legibly drawn at a suitable scale and containing the following:
(1) The layout and approximate acreage of streets, lots and any other non-residential features such as commercial, industrial, school, public land and/or open space areas within the proposed subdivision.
(2) The scale and title of the subdivision, a great lot or section number, township, north arrow and date.
(3) List the utilities available and the type of zoning which exists.
(4) Show the name, address and phone number of the owners and developers.
(5) The Planning Director or authorized staff representative may request the inclusion of other items deemed necessary in developing a parcel of real estate.
(6) The Planning Director or authorized staff representative may request a pre-application sketch in a less detailed form if no new street construction is contemplated.
(Ord. 88-1. Passed 6-23-88.)
1105.02 SUBMISSION TO THE STATE DEPARTMENT OF TRANSPORTATION.
Before any plat is approved affecting any land within 300 feet of the centerline of a proposed new highway or a highway for which changes are proposed as described in the certification to local officials by the Director of the State Department of Transportation of any land within a radius of 500 feet from the point of intersection of such centerline with any public road or highway, the Commission shall give notice, by registered or certified mail to the Director of the State Department of Transportation. The Commission shall not approve the plat for 120 days from the date the notice is received by the Ohio Department of Transportation or until a response is received from the Director, whichever is less. If the Ohio Department of Transportation notifies the Commission that it intends to acquire the land needed, then the Commission shall refuse to approve the plat. If the Ohio Department of Transportation notifies the Commission that acquisition at this time is not in the public interest or upon the expiration of the 120 day period or any extension thereof is not agreed upon by the Ohio Department of Transportation and the property owner, the Commission shall, if the plat is in conformance with all provisions of these regulations, approve the plat.
(Ord. 88-1. Passed 6-23-88.)
1105.03 PRELIMINARY PLAT REQUIRED.
After the pre-application stage, the subdivider shall submit a preliminary plat of the proposed subdivision which shall conform with the requirements set forth in Section 1105.02 and subsection (c) hereof inclusive. The preliminary plat shall be prepared by a qualified registered engineer and/or surveyor.
(a) Filing of Application for Tentative Approval Required. Five copies of the preliminary plat incorporating subsection (b) and (c) hereof shall be submitted in the Planning Office where the applicant will be requested to sign a standard application for submission. Filing shall take place at least fourteen days prior to the date of the Commission meeting. Any plat must be acted upon by the Commission within a thirty day time period, unless an extension of time is granted in writing by the plat applicant. A letter of authorization to represent the property owner(s) concerning all matters involving the Planning Commission, will be requested by the Commission, if the plat applicant is not the legal property owner on record in the County Recorder's office. For fee see Section 1101.12
(a)(1).
(b) Preliminary Plat Form. The preliminary plat shall be drawn at a scale not less than 100 feet to the inch and may be drawn on paper of a minimum size of 8 1/2" x 11" and the maximum shall be 24" x 36".
(c) Preliminary Plat Contents. The preliminary plat shall contain the following information:
(1) Proposed name of subdivision, which shall not duplicate the name of any other subdivision within or adjacent to the County.
(2) Location by section, great lot, township, county, state and adjacent surveys.
(3) Names, addresses and phone numbers of the owner(s), subdivider(s), and professional engineer and/or registered surveyor who prepared the plat along with appropriate registration numbers and seals.
(4) Date of survey.
(5) Scale of the plat, north point.
(6) Names of adjacent subdivisions, owners of adjoining parcels of acreage, and the location of their boundary lines.
(7) Locations, widths, names of existing streets, railroad right-of-way, easements; corporation, township, state lines; location of wooded areas, active and/or abandoned mines, oil and gas wells, topographic and natural features within and adjacent to the plat for a minimum distance of 200 feet.
(8) Zoning classification of the proposed subdivision and adjoining properties and a description of proposed zone changes, if any.
(9) The subdivision boundary shall be indicated by a heavy line.
(10) Existing contours at an interval of not greater than two feet if the slope of the ground is fifteen percent (15%) or less; and not greater than five feet where the slope is more than fifteen percent (15%). Any anticipated changes in contour shall be shown by dotted lines on this topographic map.
(11) Existing sewers, water lines, culverts and other underground structures and high tension lines, within and adjacent to the Preliminary Plat.
(12) Location and dimensions of all proposed utility and sewer lines, showing their connections with the existing system.
(13) Building setback lines and dimensions. (See Section 1107.01 (d) and (f)).
(14) The Sediment Control Plan as required by Section 1107.07(c)(1) may be required by the Commission during the preliminary design phase.
(15) The approximate acreage in streets, lots, great lots, sections, tract, public land, open space and all remaining acreage over five acres, not being platted by the owner(s) or authorized representative, which is adjacent to the subdivision to be reviewed and acted upon by the Commission.
(16) Location, type, name and width of proposed streets and proposed easements.
(17) Lot design, number of parcels, lot numbers and approximate dimensions of each lot. When a lot is located on a curved street or when side lot lines are not at ninety degree angles, the approximate width at the front property line (street right-of-way) shall be shown in arc dimensions and chords where required by a zoning ordinance or these regulations.
(18) Location of lot(s) or acreage to be established as public land and/or open space within the proposed subdivision.
(19) A vicinity map at a scale of not less than 2,000 feet to the inch shall be shown on the preliminary plat.
(20) Location of all existing buildings located within the preliminary plat along with a note as to whether or not the structure(s) will remain.
(21) For commercial and industrial development, the location of alleys, pedestrian walks, streets and the points of vehicular ingress and egress to the development.
(22) The subdivider shall submit a letter to the Commission pointing out the type of sewage disposal he proposes to use. If public sanitary sewer is not available, the subdivider shall furnish a letter from the County Health Department stating what type of sewage disposal will be approved. A central sewage treatment plant and a central water system shall be constructed by the subdivider when deemed necessary by the Commission, the County Sanitary Engineer and the appropriate Health Agencies.
(23) All transmission lines shall be shown and identified, especially high pressure lines.
(24) The centerline of the proposed entrance to the subdivision shall be staked and marked where it intersects the existing street or road right of way, in order for the County representative(s) to properly locate the proposed subdivision on site and make a preliminary line of sight inspection for safety.
(d) Planning Commission Meeting. The applicant will be notified as to the date and location of the meeting. The plat owner(s) or authorized representative must attend the Planning Commission meeting, otherwise the Commission will disapprove the plat application.
(e) Review and Approval of Preliminary Plat. The Commission may forward copies of the preliminary plat to such officials and agencies as may be necessary for the purpose of study and recommendation. After receipt of the reviews, the Commission shall determine whether the preliminary plat shall be approved, approved with modifications or disapproved. If a plat is disapproved, the reasons for such disapproval shall be stated in writing to the plat applicant. The Commission shall act on the preliminary plat within thirty days from the date of submission unless such time is extended by agreement with the subdivider. Approval of the preliminary plat shall be conditional upon compliance with all other applicable regulations as specified in the township zoning ordinance in which the proposed subdivision is located.
The Commission shall send a copy of the proposed plat written notice, certified mail, return receipt requested to the clerk of the board of township trustees. Any future duly adopted and passed State amendments to this section will control.
(f) Approval Period. The approval of the preliminary plat shall expire in twelve months unless a portion of the subdivision has been recorded as a final plat. The preliminary plat shall be declared void two years after the date of original approval. The plat owner(s) or authorized representative may request in writing the Commission's reevaluation and reapproval of the preliminary plat.
(Ord. 88-1. Passed 6-23-88.)
1105.04 FINAL PLAT REQUIRED.
The subdivider, having received approval of the preliminary plat of the proposed subdivision, shall submit a final plat of the subdivision and drawings and specifications of the improvements required therein. The final plat shall have incorporated all changes in the preliminary plat required by the 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, or the phase(s) of the development which the Commission had requested to be platted as a condition of the preliminary approval. The construction drawings shall be prepared for the entire preliminary plat, even though the subdivision is to be constructed in phases, unless otherwise determined by the Commission. The final plat shall be prepared by a registered surveyor and any drawings and specifications of the required improvements shall be prepared by a registered engineer.
(a) Filing of Application for Approval of Final Plat. The original final plat (major or minor) shall be presented in the Planning Office where the applicant will be requested to sign a standard application for submission. A letter of authorization to represent the property owner(s) concerning all matters involving the Planning Commission, will be requested by the Commission, if the plat applicant is not the legal property owner on record in the County Recorder's Office. For fee see Section 1101.12
(a)(2).
(1) Any final plat requiring Commission approval at a regularly scheduled meeting shall be submitted formally by application in the Planning Office at least seven working days prior to the meeting.
(b) Final Plat Form. The plat shall be drawn with black reproducible ink on linen (tracing cloth) or other suitable material (equal in durability) as determined by the Planning Director or authorized representative at a scale not less than 100 feet to the inch. The minimum plat size shall be 12" x 18" and the maximum 24" x 36". An example of a standard plat form is at the end of Part Three.
(c) Final Plat Contents.
(1) Name of the subdivision, location by section, tract, great lot, township, county, state, north point, number of lots, acreage (lots, street, public land and/or open space,) total acreage and scale.
(2) Printed name along with signature of the registered surveyor who prepared the final plat, which shall include the registration number and seal.
(3) Plat boundaries, properly surveyed in accordance with OAC 4733-37 filed pursuant to Ohio R. C. Chapter 119.
(4) Bearings and distances to nearest established street lines or other recognized permanent monuments.
(5) Exact locations of lots, right of way, and names of all streets abutting the plat.
(6) All easements and right of way provided for public services or utilities, along with all restrictions as requested by the Commission.
(7) Radii, internal angles, points of curvature, tangent bearings, lengths of arcs, and lengths and bearings of chords of all applicable streets within the plat area.
(8) All street right-of-way centerlines along with proper dimensions, bearings, arcs, etc., shall be shown on the final plat.
(9) All lot numbers and property lines with accurate dimensions in feet and hundredths and bearings to seconds. When lots are located on a curve, the lot width at the building setback line shall be shown. Interior lot depth dimensions shall be shown from the street right of way, although the deed may read from the centerline of the road. The street or road right-of-way width shall also be shown.
(10) Accurate survey of areas to be dedicated or reserved for public use, or any area to be reserved for the common use of the property owners. The use shall be shown for each parcel of land.
(11) All proper deed information such as the grantor, grantee, volume, page and date of recording shall be shown. When the real estate being subdivided is being probated, then the appointed administrator, executor, etc., shall sign the survey linen showing the probate case and docket numbers.
(12) A certification by a registered surveyor that the plat is correct, on minor plats that all monuments have been placed, and on major plats that principal boundary monuments have been placed.
(13) A notarized certificate of ownership witnessed by two other persons dedicating the streets, easements and any area reserved or dedicated for public use or common use of the property owners. The signature also guarantees on major plats the placement of monuments by a registered surveyor at all corners and changes in directions of lot lines prior to the sale of any lots. When ownership is in the name of a corporation, etc., two officers shall sign the plat linen.
(14) A certification of approval by the Mahoning County Planning Commission.
(15) A certification of approval by the Mahoning County Board of Health where public water and sanitary sewer systems are not available.
(16) A certification by the Board of Mahoning County Commissioners approving the land, dedicating the existing street right of way.
(17) A certification for transfer by the Auditor of Mahoning County.
(18) A certification for record by the Recorder of Mahoning County.
(d) Planning Commission Meeting. The applicant will be notified as to the date and location of the meeting. The plat owner(s) or authorized representative must attend the Planning Commission meeting, otherwise the Commission will disapprove the Plat application.
(e) Review and Approval of Final Plat. The Commission shall approve, approve conditionally or disapprove the final plat within thirty days unless further time is agreed to by the applicant. Approval or disapproval of the Commission shall be endorsed in writing on the final plat.
(1) The Commission shall send a copy of the final plat by written notice, certified mail, return receipt requested to the clerk of the board of township trustees. Any future duly adopted and passed State amendments to this section will control.
(2) Prior to the endorsement of a major plat, the subdivider (applicant) shall file in the Planning Commission Office, complete drawings of all the improvements as required by the Commission, County Engineer and Sanitary Engineer, signed by the County Engineer and Sanitary Engineer.
(3) The required construction or maintenance guarantee in the amount as determined in writing by the County Engineer, shall be filed in the Planning Commission Office prior to release of the final plat.
(f) Approval Period. The final plat shall be filed with the County Recorder within one year from the Commission meeting date, otherwise the plat shall be considered null and void.
(Ord. 88-1. Passed 6-23-88.)
1105.05 REPLAT AND CORRECTION PLAT.
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 plat title. For fee see Section 1101.12(a)(2).
(Ord. 88-1. Passed 6-23-88.)
1105.06 TRANSFER WITHOUT PLAT.
(a) Conditions of Approval. Approval without a plat (deed transfer) may be granted by the Planning Director if the proposed division of a parcel of land meets all of the following conditions:
(1) The proposed subdivision does not involve an opening, widening or extension of any street or road, and is between adjoining property owners;
(2) The proposed subdivision is not contrary to applicable subdivision or zoning regulations;
(3) The proposed subdivision does not create an additional building site;
(4) The property has been surveyed and a sketch prepared.
(b) Approval of Transfer Without Plat. If approval is granted under the above provisions, the Commission's representative shall, within seven working day after submission, approve such proposed transfer and, upon presentation of a conveyance for the parcel, shall stamp "Approved by the Mahoning County Planning Commission; No Plat Required" and the authorized representative shall sign the conveyance. The owner(s) or the legal representative shall then record such conveyance. For fee see Section 1101.12
(a)(4).
(Ord. 88-1. Passed 6-23-88.)
1105.07 ANNEXATION PLAT.
Additions to the Municipal corporation shall be surveyed and platted by a registered surveyor authorized to practice in Ohio and the description shall include the courses, boundaries and extent. (See Ohio R. C. 711.01). The additions shall be marked with monuments as described in Ohio R. C. 711.03. The same standards required for a final plat shall apply. An informal discussion prior to preparing the survey is required.
(Ord. 88-1. Passed 6-23-88.)
1105.08 VACATIONS.
(a) Lots. Lots in a recorded subdivision may be vacated by the owner(s) in accordance with the provisions of Ohio R. C. 711.24.
(b) Streets.
(1) The request for vacation of streets shall be by petition to the Board of Mahoning County Board of Commissioners who may request a recommendation from the Planning Commission. The Commission shall not recommend the vacating of any street or part of a street if such vacating 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 residents within the community.
(2) Streets may be vacated, provided such vacation is in conformance to the provisions of Ohio R. C. 711.24. This method of vacation will require the approval of the Commission at a regularly scheduled meeting.
(Ord. 88-1. Passed 6-23-88.)
1105.09 CONSTRUCTION DRAWINGS.
(a) Material and General Contents. Construction drawings shall be drawn with black reproducible ink or linen (tracing cloth) or other suitable material as determined by the Planning Director or authorized representative along with the County Engineer and/or County Sanitary Engineer. The material shall be 24" x 36" in size and shall generally include a title sheet, location sketch, existing site plan, proposed site development plan, plan and profile, cross sections, typical sections, summary of quantities, standard drawings and all other pertinent information requested and deemed necessary by the Commission, County Engineer and/or County Sanitary Engineer. Design and drainage calculations shall be a part of the construction drawing submission by the subdivider's engineer.
(1) Complete construction drawings for the entire project shall be submitted at one time. Partial submittals are not acceptable because of delays in the Review and Approval Process.
(2) The subdivider shall submit one print of the overall preliminary plat as approved by the Commission along with a copy of the letter granting the approval, before any drawings are accepted for review and approval. If the Commission's conditional approval required modification of the preliminary plat as originally submitted, then any copy attached to the construction drawings must contain the stamp "Valid Revised Preliminary Plat" along with the signature of the Planning Director or authorized staff representative with date.
(b) Title Sheet. The title sheet shall include a location sketch, summary quantities, typical sections, list of streets, title block, approval block and other pertinent information deemed necessary by the County Engineer.
(c) Existing Site Plan. This plan shall include all existing features within the proposed subdivision limits and any facility which will be directly affected by its development exclusive of location. Minimum information required shall be existing contours at two foot intervals, existing watercourses, structures, drainage facilities and utilities within the subdivision.
(d) Proposed Site Development Plan. This plan shall include all proposed features within the limits of the subdivision such as street pattern, storm system and appurtenances, sanitary sewer system, waterlines, and any utilities that may cause conflicts in the construction or maintenance of the underground facilities. This overall plan shall be included with the construction drawings and in conformance with the plan and profile drawings.
(1) Final contours at two foot intervals shall be shown and elevations on lot corners may be requested by the Commission. The final contour intervals may be modified by the County Engineer and/or County Sanitary Engineer when need be.
(2) The preferred Site Plan scale shall be 1" = 100' or 1" = 200' when approved by the County Engineer and/or County Sanitary Engineer. The Site Plan shall be all inclusive and on one sheet.
(3) The proposed site development features shall include, but not be limited to, sediment control, floodway management and storm water retention facilities, preservation of specific trees or natural features, the establishment of preservation easements and lot landscaping planning tools including the creation of public land, as determined by the Commission and the County Engineer.
(e) Street Plan. The street plan shall be drawn by a Registered Engineer and shall show the location in relation to street lines or pavements, curbs, sidewalks, storm sewers, sanitary sewers and water lines with all facilities and appurtenances. All outlets for storm drainage shall be clearly indicated on the plan. The scale be at least 1" = 50'
(f) Intersection Details. Intersection details shall be shown for all intersections. Details shall be drawn at a scale of 1" = 20' and shall show return radius elevations at maximum twenty-five foot intervals and also all existing or proposed underground utilities.
(g) Profile. Profiles are required for pavements, sidewalks, walkways, storm sewers and sanitary sewers and shall be shown on the same sheet as the plans. The scale shall be 1" = 5' vertical.
(h) Elevations. All elevations are to be referred to the United States Geodetic Survey Datum. Ground and invert elevations to feet and hundredths shall be shown at fifty foot intervals or half stations and at all manholes for storm and sanitary sewers. Ground and grade elevations to feet and hundredths shall be shown at fifty foot intervals for sidewalks and pavements with grade elevation for vertical curves shown at twenty-five foot intervals.
(i) Grades. All grades shall be shown in percent.
(j) Vertical Curves. The length of all vertical curves and the grade of the intersecting tangents shall be shown.
(k) Location Sketch. Location sketch shall be shown on the title sheet and indicate location of the subdivision with respect to existing streets or roads, and other landmarks in the immediate vicinity.
(l) Typical Sections. All typical sections shall be shown on the title sheet if possible and shall conform to the minimum standards currently required by the Mahoning County Planning Commission for various types of pavements and sidewalks.
(m) Summary of Quantities. The summary of quantities shall be shown on the title sheet or separate sheets if need be.
(n) Cross Sections. All cross sections shall clearly show the existing and proposed sections at fifty foot intervals for pavements and sidewalks within the limits of the right-of-way or setback line, if grade change so dictates.
(o) Design and Drainage Calculations. Calculations shall be drawn on 24" x 36" linen (tracing cloth) or other suitable material (see subsection (a) hereof) in black, reproducible ink and included as part of the construction drawing submission. Complete tabulation of all roadway, pavement, drainage, miscellaneous and special construction items shall be included in the plan.
(p) Detailed Drawings. All catch basins and manholes, inlets, headwalls, retention chambers, pavement, sidewalks, driveways and any other pertinent facility or structure deemed necessary by the County Engineer and Commission shall be drawn on 24" x 36" linen or other suitable material in black reproducible ink and included as a part of the construction drawing submission.
(Ord. 88-1. Passed 6-23-88.)
SURVEY DRAWING
 |
TITLE SHEET
PLAT NAME _______________ TOWNSHIP ________________
MAHONING COUNTY, OHIO
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1107.01 SUBDIVISION DESIGN.
The regulations within this section shall control the manner in which streets, lots and other elements of a subdivision are arranged on the land. These design controls shall help insure convenient and safe streets, creation of usable lots, provisions of space for public utilities and restriction of land for public use, such as park land, open space, historical and archaeological purposes. The planning of attractive and functional neighborhoods, shall be promoted, minimizing the undesirable features of unplanned growth patterns. The Commission may approve an innovative design concept in subdivision planning or engineering design following evaluation of a proposed plan.
(a) Comprehensive Development. When a Comprehensive Development Plan has been adopted by the Commission, then such plan will be used in reviewing and evaluating proposed subdivisions of land within Mahoning County under the Commission's jurisdiction.
(b) Suitability of Land. If the Commission determines that land proposed to be subdivided is unsuitable for subdivision development due to flooding, poor drainage, topography, soil, inadequate supply of water, heating fuels or other required utilities, transportation facilities, abandoned mines, high pressure and/or combustible transmission lines, gas and/or oil facilities which create a poor safety situation and other such conditions which may endanger health, life or property; and if from investigations conducted by the agencies or companies concerned it is determined that the land should not be developed for the purposes proposed in the best interest of the public, the Commission may disapprove the land for subdivision until adequate methods are furnished by the applicant for solving the problems that will be created by the development of the land.
(c) Lot Design.
(1) Dimensions.
Minimum lot dimensions shall be as follows:
Sanitary Sewer | Width | Depth | Area |
Not Available | 100' | 200' | 1.2 Acre |
Available | 60' | 140' | 9,000 sq. ft. |
(2) Minimum frontage on cul-de-sac.
Sanitary Sewer Available | 35' |
Not Available | 50' |
(3) Type of street based on minimum lot widths.
Type A Street | 100' or less |
Type B Street | Over 100' |
NOTE: The Commission approves the type of street construction which is suitable to the area being subdivided.
(4) Board of Health approval. The County Board of Health shall approve all lots where sanitary sewers are not available, and may require additional lot frontage and/or area for proper installation of an individual sewerage system. It is recommended that the owner or legal representative contact the Planning Office in order to find out if additional frontage and/or lot area is required before a final plat is prepared.
(d) Township Standards. In zoned townships, the lot dimensions and building setback lines shall conform to the Zoning Ordinance where the standards are higher than required by these regulations.
(e) Incorporated Area Under a Planning Assistance Contract. The Commission and the officials of an incorporated unit of government shall jointly administrate these Subdivision Regulations in the incorporated area, where a lawfully adopted contract of joint cooperation has been signed by both parties and lawfully recorded in the office of the Mahoning County Recorder.
(f) Determination of Lot Width. The lot width shall be measured at the minimum building setback line.
(g) Building Setback Line. The minimum building setbacks shall be as follows:
RESIDENTIAL | COMMERCIAL AND INDUSTRIAL |
40 Feet | 35 Feet |
(1) All setbacks shall be measured from the front property line (street right-of-way line).
(2) Where a proposed widening of an existing right-of-way is planned according to the Mahoning County Major Thoroughfare Plan, then the building setback line shall be established based on the proposed right-of-way width and not the existing.
(3) Where there are already dwellings constructed and on line within a zoned township, then the subdivider must conform to the setback requirement or method established in the valid township ordinance at the time of platting. Where there is no zoning, the Commission's decision is final.
(h) Lot Lines.
(1) All side and rear lot lines shall be straight. Side lot lines shall be substantially at right angles or radial to street lines. The lot arrangement and design shall be such that all lots will provide satisfactory building sites properly related to topography and the character of surrounding development.
(2) Rear lot lines shall have a minimum length of fifteen feet to eliminate pointed lots in order to insure proper maintenance of the lot and avoid encroachment onto adjacent property.
(3) The width to depth ratio shall not exceed one to five.
(i) Street Frontage. All lots shall abut by their full frontage on a dedicated street.
(j) Corner Lots. Corner lots shall have a minimum width of seventy-five feet and a minimum residential side building setback line of twenty feet as measured from the side street right-of-way or property line.
(k) Lots to be Avoided.
(1) Double frontage lots shall be avoided except where necessary because of topography, and in areas used for business and industry.
(2) Butt lots shall be avoided except where they are necessary to meet existing conditions.
(3) Lots with extreme angle points and unusual shapes shall be avoided.
(Ord. 88-1. Passed 6-23-88.)
1107.02 PUBLIC LAND.
The creation and preservation of open space and parks whether it be for retaining a natural area or developing a parcel of ground to align with the needs of the community and to preserve historical and archaeological sites affected by proposed developments within the Commission's jurisdiction.
(a) Primary Objective. Since the population trend is always a variable which affects the development of the limited land surface of the earth, it becomes increasingly important to properly plan and preserve, where possible, a predetermined amount of the land surface for the use of the people. It is the intent of the Commission to establish an area either within or adjacent to all major subdivisions for the purposes of meeting the health, safety, economic and environmental needs of the community. An area of this type is intended to make available to the people a place which can be planned to meet those needs of the community.
(b) Legal Authority to Establish Public Land.
(1) See Ohio R. C. 711.10, 711.11 and 713.23.
(2) The public lands may consist of open spaces, parks, historical and archaeological sites or a unique area.
(c) Governing Authority.
(1) The Commission shall make all final decisions regarding the dedication of public land, including whether cash in lieu of land is acceptable and/or a combination of the above mentioned methods. The Commission shall also be the final authority in establishing all historical or archaeological sites when they are located within a subdivision which is being evaluated and eventually acted upon by the Commission.
(2) The Commission may request the assistance of the appropriate local authorities on historical or archaeological sites.
(d) Requirements. Dedication of land for public purposes (open space, parks, historical and archaeological sites) shall be required in all major subdivisions. Where public land is required by the Comprehensive Plan, the subdivider shall conform to the plan as determined by the Commission. The Commission may approve a combination of the above mentioned uses.
(e) Dedication.
(1) Percentage. A minimum of five percent (5%) of the net area (less street) of major subdivisions shall be dedicated as public land for such purposes as open space, parks and where deemed feasible historical and archaeological sites.
(2) Cash payment in lieu of land dedication. The Commission may decide to accept cash in lieu of land dedication when a suitable site is not available due to the small overall size of the area being developed, poor topography or some other unsuitable feature based on an on-site inspection. The Commission may also decide to approve cash payment in lieu of land dedication if in the Commission's opinion such method would better serve the public land program. The funds are to be used to service and maintain these areas dedicated and/or established under these regulations or prior regulations within the governmental unit in which the subdivision is located. The payment made shall be equal to a value of five percent of the net area (less street) of the subdivision. The value of the land shall be considered to be double the current tax valuation.
The plat applicant will be required to furnish a copy of the latest tax statement in the Planning Office in order for the staff to calculate the required amount of cash payment prior to release of any final plat. The Commission may distribute any portion of the accumulated funds within a specific governmental unit upon a written request from the governing authorities, stating the amount requested (if available), use intended for the funds, the location of the dedicated recreational land to be improved and the intended date of completion.
(3) Combination of land dedication and cash payment. A combination of land dedication and cash payment may be approved by the Commission. When it is found based on an on-site inspection, that there is a suitable amount of acreage available which will serve the needs of the community or primarily accomplish the objective of the Commission, yet falls short of the five-percent (5%) net land dedication requirement, then the balance of the remaining percentage can be conformed to through the cash payment method.
(f) Reservation. If the Comprehensive Plan requires a public area and/or open space larger than five percent (5%) of the net area of the major subdivision, the subdivider shall reserve the area in excess of the five percent (5%) dedication requirements for the purchase by the appropriate public agency within one year from the Commission's endorsement date of the Final Plat.
(g) Location. Suitable public land and/or open space area shall be located within or abutting other such areas, whether existing or proposed on an approved preliminary in adjacent subdivisions, whenever possible in order to provide for the maximum use intended. All areas to be dedicated, established by restrictive measures and/or reserved, shall be fully defined and shown on all approved preliminary plats and on all final plats (survey) prepared for recording. The Commission will not approve a site which is undesirable for the use intended.
(h) On-site Inspection Required Before First Final Plat (Survey) is Released for Recording. An inspection team comprised of the Commission Chairman or Vice-Chairman and/or as authorized by the Commission, may be required in order to review the area(s) to be dedicated for public purposes and/or dedicated for open spaces as shown on the preliminary plat which received favorable action from the Commission. If the results of the inspection establish that the area(s) as shown on the preliminary plat is undesirable, then another location or site shall be established and the preliminary plan modified showing the approved, defined area(s). A preliminary on-site inspection shall be made by the Planning Director and/or authorized representative of the Planning Staff and the land owner or representative, prior to approval of the Preliminary Plat.
(i) Time of Dedication. The public land and/or open space area as shown on the approved preliminary plat shall be dedicated and defined on the first final plat (survey) intended for recording which abuts such lands.
(j) Defining Public Land to be Dedicated on the Final Plat. Public land to be dedicated shall be defined for the use intended with the extreme boundaries being shown in solid line along with all appropriate bearings, dimensions, acreage and lot numbers. No structures shall be established within the area(s) defined, other than those normally associated with the restricted use of as determined by the Commission.
(k) Deed of Transfer. The Commission may request a deed of transfer from the owner of the subdivision being developed, describing the public land (open space, park, historical or archaeological site) as shown on the final plat to be recorded along with all restrictions as established by the Commission.
(1) Land becomes public upon plat recording. The Commission reserves the option to request a deed of transfer as stated in subsection (k) hereof but on all occasions the land as shown on the final plat becomes public land for the use as specified upon the recording of the plat. Ohio R. C. 711.11, Fee Simple Title.
(l) Conservation Easement (Scenic). The Commission may require the establishment of a conservation easement at a determined width to be used as a planning tool for the preservation of the environment within a subdivision. This type of easement can be public or non-public. The Commission will make the final determination, including the type of restrictions.
(1) A construction encroachment restriction will be established, restricting all types of structures from within the easement, including pavement construction such as walkways, driveways or parking areas. Nonpaved parking areas are also restricted.
(2) The Commission may require a landscaping plan for the easement and the developer will be required to either complete the improvements within a specified period of time or post an appropriate construction guarantee during a specific construction phase, until the improvements are completed in conformance to approved plans.
(m) Natural Features and Historic Sites. Natural features, historic sites and similar community assets shall be preserved where feasible. The Commission shall decide the method of preservation and evaluation.
(n) Preservation of Archaeological Sites. The Commission may preserve an archaeological site which is located within an area to be platted. Such site may be included within the land area being dedicated to the public within a subdivision. The Commission shall decide the method of evaluation.
(o) Distribution Agency. The Commission shall distribute all dedicated, public lands and accumulated cash funds created under these regulations.
(Ord. 88-1. Passed 6-23-88.)
1107.03 BLOCKS.
(a) Pattern. Blocks shall be designed to meet existing topographic conditions, provide adequate building sites, access, traffic circulation and shall be arranged to accommodate lots of the size and character as required by these regulations or the Zoning Ordinance governing the area being subdivided.
(b) Block Dimensions. No block shall be longer then 1500 feet and shall not be less than 800 feet in length. The width shall accommodate two rows of lots, except where unusual topography or other exceptional physical circumstances exist.
(c) Irregular Shaped Blocks. Irregularly shaped blocks, those intended for cul-de-sacs or loop streets and those containing interior parks or playgrounds, may be approved by the Commission if properly designed and located.
(d) Walkway Easement or Dedication. Where blocks are over 800 feet in length, a walkway easement or dedication of not less than ten feet in width at or near the halfway point (if the topography is suitable) may be required in order to help provide proper access to schools, public areas and other facilities as determined by the Commission. The Commission may require the establishment of a walkway within a block less than 800 feet based on topography, better subdivision design, aid to the handicapped, better design in safety and if it is beneficial to the public in general. The Commission may request a deed-over from the developer to the public entity benefitting from a walkway establishment, such as a school, in order to provide proper maintenance of the facility. The public entity benefitting must acknowledge willingness to accept or deny this deed-over in writing within thirty days of request by certified mail. The Commission's initial request for a response from the benefitting entity will be by certified mail also.
(e) Blocks Adjacent to Major Thoroughfare. Blocks abutting a major thoroughfare shall have their long dimensions parallel to such thoroughfare. The Commission may require longer lots due to existing topographic conditions or based on some unusual feature of the property being subdivided.
(Ord. 88-1. Passed 6-23-88.)
1107.04 STREETS.
(a) Street Design. The arrangement, character, extent and location of all streets shall be considered in their relation to existing and planned streets, topographical conditions, and public convenience and safety; and in their appropriate relation to the proposed uses of land to be served by such streets.
(1) The pavement design shall meet or exceed the minimum requirement of these Subdivision Regulations:
A. In single-family residential and local streets, minimum requirements may be upgraded because of soil conditions.
B. Non-single family residential street construction will require pavement design based upon usage and soil type.
C. Collector streets, where designated, and commercial streets, where proposed, will require designed pavement based on usage and soil type.
D. In areas of soft subgrade, roadway shall be undercut to stable soil, compacted, and filled with acceptable material, and shall be designated on the plan.
(b) Streets for Residential Subdivisions. The street pattern shall discourage through traffic in the interior of a subdivision, but provisions must be made by the developer for continuance of the street pattern where required by the Commission.
(c) Streets for Commercial Subdivisions. Streets within business developments shall be planned to connect with arterial streets so as not to generate traffic on local streets. Streets from Commercial developments shall intersect arterial or collector streets so as to cause the least possible interference with traffic movement on the streets. The design standard for the typical section shall be approved by the Commission and County Engineer, based on intended use and soil type.
(d) Streets for Industrial Subdivisions. Collector streets for industrial subdivisions shall be designed to serve industrial areas exclusively and shall connect with arterial streets so that no industrial traffic will be directed into any residential neighborhoods. The design standard for the typical section shall be approved by the Commission and the County Engineer.
(e) Service or Marginal Access Streets. A service or marginal access street may be required adjacent to major thoroughfare and non-access right of ways to provide maximum safety and convenience. The design standard for the typical section shall be approved by the Commission and County Engineer, based on intended use and soil type.
(f) Street Extensions. Dedicated streets shall be extended to undeveloped areas in accordance with block requirements to provide maximum safety and convenience for future development. A temporary turnaround or barricade may be required by the Commission.
(g) Temporary Turnaround. A temporary turnaround may be required by the Commission as a part of a continuing street plan.
(1) The turnaround shall have a minimum inside radius of forty feet, paved area and a minimum outside right-of-way of sixty feet.
(2) A "T" turnaround of suitable design may be approved by the Commission.
(3) The Commission may require a larger inside and outside radius and the County Engineer may require upgrading on standard construction depending on intended use and soil type.
(4) It shall be the responsibility of the original developer or the new grantee to remove the temporary turnaround when a street is extended, if the street pattern is part of the valid preliminary plat as approved by the Commission.
(5) Once a subdivision is fully constructed according to approved construction drawings, valid preliminary plan and recorded final plat(s), where a temporary turnaround has been constructed to the acreage being developed, then it is the responsibility of the developer or land owner gaining the benefit of the street extension to properly remove the turnaround and make any street, drainage and sewer improvements required by the Commission and County Engineer.
(h) Street Reservation. Where the frontage along an existing street or road is being platted, the Commission may require a street opening (width to be determined) be reserved for access in order to facilitate future development of the remaining acreage and to avoid landlocking any parcel of land.
(1) The Commission may require a street stub dedication, off an existing street or road right-of-way, in order to help prevent transfer of ownership for any other purpose.
(2) A temporary placement of a barricade may be requested by the Commission. The removal of the barricade will be the responsibility of the abutting property owner gaining benefit of the street reservation, once the Commission has approved a preliminary plat and proper construction drawings are approved by the County Engineer for the acreage being developed.
(i) Half-Streets. Dedication of new half-streets shall be prohibited in order to help protect the health, safety and general welfare of the citizens within the community.
(j) Island. Street islands may be installed by special permission of the Commission.
(k) Major Thoroughfare Plan. The subdivider's engineer or surveyor in designing a street or lot pattern shall conform to the Mahoning County Major Thoroughfare Plan by showing in dash line on the Preliminary and Final plats all proposed right-of-way widths affecting the intended subdivision. The building setback lines shall then be established based on the proposed widening and not on the existing right-of-way width.
(l) Subdivision Name. The subdivision name shall not duplicate or be confused with existing subdivisions, any previously approved development still within the improvement stage or any development plan under consideration by the Commission.
(m) Street Names. Streets shall be named without duplication.
GENERAL DIRECTION | OVER 1000 Ft. | UNDER 1000 Ft. |
North-South | Street | Place |
East-West | Avenue | Court |
Curving | Drive | Lane -Circle |
Diagonal | Road | Way |
See Section 1109.01(j) - Street Signs | ||
(n) Location of Utilities.
(1) Wherever possible, utilities shall be located underground and along rear lot lines or within the street right-of-way.
(2) The utilities shall be located within streets right-of-way as follows:
A. Sanitary Sewer: On centerline of street or behind curb.
B. Storm Sewer: In park strip.
C. Water Line: In park strip opposite side of storm sewer or where feasible.
D. Electric, Telephone: In park strip.
E. Gas: In park strip on same side as water line or as feasible.
(o) Platting of Lots Within Vicinity of High Pressure Fuel Transmission Lines or any Combustible and Flammable Material. The Commission may require the subdivider to request a review from the owner(s) of the transmission line(s) located within or adjacent to the area to be platted before a preliminary or final plat is approved by the Commission in order to help ensure the health, safety and general welfare of the residents within the community.
(1) The location of high pressure fuel transmission lines or any combustible and flammable material shall be properly shown on all preliminary and final plats, along with pipeline locations, size, depths, easement width along with volume and page of recording. The pressure of the lines should be shown where possible.
NOTE:The Commission may require additional depth, width or overall lot area where a new parcel of real estate abuts the transmission lines.
(p) Horizontal Curves. Where is an angle of deflection of more than ten degrees between two centerline tangent sections of a street, a curve of adequate radius shall connect, (see subsections (t) to (u)). Between reverse curves, a minimum tangent of 100 feet shall be required.
HORIZONTAL ALIGNMENT EXAMPLE
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(q) Vertical Alignment. Vertical curves of a minimum length of 100 feet shall be required where the difference in grade is two percent (2%) or more. In all cases the vertical curve design shall be subject to the approval of the County Engineer.
(1) No street shall be less than six tenths of one percent (0.6%) in grade.
(2) In no case shall a street grade be more than two percent (2%) within 100 feet of an intersection.
(r) Intersection Sight Distance. Intersection sight distance is defined as the sight distance needed along the main roadway for a car entering from a crossroad to make a left turn onto the main roadway while clearing traffic approaching from the left. For good design the actual measured intersection sight distance should be greater than what is listed in the following table.
INTERSECTION SIGHT DISTANCE
Design Speed (MPH) | Minimum Intersection Sight Distance (FT.) |
70 | 950 |
65 | 875 |
60 | 825 |
55 | 750 |
50 | 700 |
45 | 625 |
40 | 575 |
35 | 500 |
30 | 450 |
25 | 375 |
20 | 300 |
(1) The design speed is that of the main roadway.
(2) All of the above information was compiled from The Ohio Department of Transportation, Location and Design Manual, Revised March, 1987.
(3) All other references to sight distance or stopping sight distance in these regulations shall be revised to intersection sight distance.
(s) Design Standards for a Local Street.
(1) Right-of-way (ft.) | See Typical Section |
(2) Pavement Width (ft.) | See Typical Section |
(3) Sidewalk (ft.) | 4 |
(4) Minimum Stopping Distance | See subsection (r) |
(5) Maximum Grade | 8% |
(6) Minimum Grade | 0.6% |
(7) Maximum Cul-de-Sac Length (ft.) | 500 |
(8) Minimum Cul-de-Sac Right-of-Way Radius (ft.) | 60 |
(9) Minimum Cul-de-Sac Pavement Radius (ft.) | 40 |
(10) "T" Turnaround | See Typical Section |
(11) Minimum Centerline Radius (ft.) | 100 |
(t) Design Standards for a Collector Street (Residential, Commercial, Industrial).
(1) Right-of-way (ft.) | See Typical Section |
(2) Pavement Width (ft.) | See Typical Section |
(3) Sidewalk (ft.) | 5 |
(4) Minimum Stopping Distance | See subsection (r) |
(5) Maximum Grade | 8% |
(6) Minimum Grade | 0.6% |
1320 | |
(8) Minimum Centerline Radius (ft.) | 350 |
(9) Cul-de-Sac design involving a collector street is rare, but if required the design must be approved by the Commission based on intended use and soil type. | |
NOTE: For storm sewer, roadside ditch and culvert design, see Sections 1109.04 (b)(3), (4), (5) and (c)(1).
(u) Intersection Design Standards.
(1) Minimum angle of intersection streets shall remain in the angle of intersection for at least 100 feet beyond the point of intersection.
(2) Ninety degree angle required, unless otherwise approved by the Commission.
(3) The intersection of the right-of-way lines at all street intersections shall be rounded by a minimum radius equal to one-half of the larger right-of-way width of the intersecting streets.
(4) Minimum centerline offset (Jog) of adjacent intersection (ft.)
A. Local-Local | 150 |
B. Local-Collector | 200 |
C. Collector-Collector | 300 |
D. Collector, Service-Arterial | 1320 |
TYPICAL SECTIONS FOR STREETS
l. Local Residential - | Type A - Full Depth Asphalt |
2. Local Residential - | Type A - With Aggregate |
3. Local Residential - | Type A - Concrete Pavement |
4. Collector - | Type A - Full Depth Asphalt |
5. Collector - | Type A - With Aggregate |
6. Collector - | Type A - Concrete Pavement |
7. Local Residential - | Type B - Full Depth Asphalt |
8. Local Residential - | Type B - With Aggregate |
9. Local Residential - | Type B - Concrete Pavement |
10. Local Residential - | Type 2, 2A and Roll Curb Sections |
11. Local Residential - | Type 2 and Type 6 - Driveway Curb Sections |
12. Local Residential - | Typical Turnarounds |
For Commercial and Industrial streets, the improvement standards shall be approved by the Commission and the County Engineer depending on intended use and soil type.
1.
TYPICAL SECTION TYPE A (FULL DEPTH ASPHALT)
MAHONING COUNTY
RESIDENTIAL (LOCAL)
NOTICE TO TOWNSHIP TRUSTEES, CONTRACTORS, AND LAND DEVELOPERS:
DETAILED DESCRIPTION OF THE EACH ITEM INDICATED ON THIS SPECIMEN DRAWING MAY BE SECURED FROM THE OFFICE OF THE COUNTY ENGINEER.
2.
TYPICAL SECTION TYPE A (WITH AGGREGATE)
MAHONING COUNTY
RESIDENTIAL (LOCAL)
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NOTICE TO TOWNSHIP TRUSTEES, CONTRACTORS, AND LAND DEVELOPERS:
DETAILED DESCRIPTION OF THE EACH ITEM INDICATED ON THIS SPECIMEN DRAWING MAY BE SECURED FROM THE OFFICE OF THE COUNTY ENGINEER.
3.
TYPICAL SECTION TYPE A (7" CONCRETE PAVEMENT)
MAHONING COUNTY
RESIDENTIAL (LOCAL)
NOTE: ALL DIMENSIONS SHOWN ON DRAWING ARE MINIMUMS
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NOTICE TO TOWNSHIP TRUSTEES, CONTRACTORS, AND LAND DEVELOPERS:
DETAILED DESCRIPTION OF THE EACH ITEM OF WORK INDICATED ON THIS SPECIMEN DRAWING MAY BE SECURED FROM THE OFFICE OF THE COUNTY ENGINEER.
4.
FULL DEPTH ASHPALT TYPICAL SECTION(TYPE A)
MAHONING COUNTY
COLLECTOR
NOTE: ALL DIMENSIONS SHOWN ON DRAWING ARE MINIMUMS
 |
NOTICE TO TOWNSHIP TRUSTEES, CONTRACTORS, AND LAND DEVELOPERS:
DETAILED DESCRIPTION OF THE EACH ITEM INDICATED ON THIS SPECIMEN DRAWING MAY BE SECURED FROM THE OFFICE OF THE COUNTY ENGINEER.
5.
TYPICAL SECTION TYPE A (WITH AGGREGATE)
MAHONING COUNTY
COLLECTOR
 |
NOTICE TO TOWNSHIP TRUSTEES, CONTRACTORS, AND LAND DEVELOPERS:
DETAILED DESCRIPTION OF THE EACH ITEM INDICATED ON THIS SPECIMEN DRAWING MAY BE SECURED FROM THE OFFICE OF THE COUNTY ENGINEER.
6.
TYPICAL SECTION TYPE A (8" CONCRETE PAVEMENT)
MAHONING COUNTY
COLLECTOR
 |
NOTICE TO TOWNSHIP TRUSTEES, CONTRACTORS, AND LAND DEVELOPERS:
DETAILED DESCRIPTION OF THE EACH ITEM OF WORK INDICATED ON THIS SPECIMEN DRAWING MAY BE SECURED FROM THE OFFICE OF THE COUNTY ENGINEER.
7.
TYPICAL SECTION TYPE-B (FULL DEPTH ASPHALT)
MAHONING COUNTY
LOCAL (RESIDENTIAL)
 |
NOTICE TO TOWNSHIP TRUSTEES, CONTRACTORS, AND LAND DEVELOPERS:
DETAILED DESCRIPTION OF THE EACH ITEM OF WORK INDICATED ON THIS SPECIMEN DRAWING MAY BE SECURED FROM THE OFFICE OF THE COUNTY ENGINEER.
8.
TYPICAL SECTION T YPE-B (WITH AGGREGATE BASE)
MAHONING COUNTY
LOCAL (RESIDENTIAL)
 |
NOTICE TO TOWNSHIP TRUSTEES, CONTRACTORS, AND LAND DEVELOPERS:
DETAILED DESCRIPTION OF THE EACH ITEM OF WORK INDICATED ON THIS SPECIMEN DRAWING MAY BE SECURED FROM THE OFFICE OF THE COUNTY ENGINEER.
9.
RESIDENTIAL (LOCAL)
TYPICAL SECTION TYPE-B (7" CONCRETE PAVEMENT)
MAHONING COUNTY
 |
NOTICE TO TOWNSHIP TRUSTEES, CONTRACTORS, AND LAND DEVELOPERS:
DETAILED DESCRIPTION OF THE EACH ITEM OF WORK INDICATED ON THIS SPECIMEN DRAWING MAY BE SECURED FROM THE OFFICE OF THE COUNTY ENGINEER.
10.
TYPICAL CURB SECTION (TYPE 2 AND 2A)
MAHONING COUNTY
RESIDENTIAL (LOCAL)
 |
11.
TYPICAL DRIVEWAY CURB SECTION (TYPE 2 AND TYPE 6)
MAHONING COUNTY
RESIDENTIAL (LOCAL)
 |
12.
TYPICAL TURNAROUNDS
MAHONING COUNTY
RESIDENTIAL (LOCAL)
 |
CURB RAMPS
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1107.05 ALLEYS.
(a) Use.
(1) Alleys shall be required in commercial and industrial districts if other provisions cannot be made for adequate service access.
(2) Alleys shall not be approved in single family residential subdivisions, but may be required in multi-family subdivisions where justified by extreme or unusual conditions.
(b) Width. The minimum widths for alleys shall be twenty feet for the right-of-way. Pavement design shall be determined by the Mahoning County Engineer.
(c) Dead End Alleys. Dead end alleys are prohibited.
(d) Intersections. Alley intersections and sharp changes in alignment shall be avoided, but where necessary due to extreme or unusual conditions, the design shall be engineered to permit safe vehicular movement.
(Ord. 88-1. Passed 6-23-88.)
1107.06 EASEMENTS.
(a) Use. Easements shall be provided for all utilities not located within the right-of-way of a street or alley. Easements shall also be provided for well defined watercourses, flood control facilities, drainage facilities, access to public land, open spaces, parks, historical, archaeological areas and for any other reason deemed necessary by the Commission to ensure orderly and safe development of a parcel(s) of land.
(b) Width. Utility easements shall have a minimum width of twenty feet. Easements for natural watercourses or other improvements required by the Commission shall be of sufficient width to permit proper maintenance, provide for future flow in regards to flood control and drainage facilities and to guarantee adequate access to public land, open space, historical and archaeological areas.
(c) Location. Utility easements shall be located along the rear and side lot lines in order to avoid damaging the building portion of a lot whenever possible, unless topography or some other condition prevents the establishment as required. All other easement locations will be reviewed by the Commission based on topography and use intended.
(d) Protection of Utility Easements Within the Commission's Jurisdiction. In order to maintain the utilities properly and guarantee proper access to public land, open space, historical and archaeological areas, a restriction shall be shown on all final plats stating that "No structures of any kind (including pavement) shall be located within the sanitary sewer, storm sewer, drainage, flood and sediment control easements, easements of access or any other type of easement so defined within this plat and such easement(s) shall be reserved for perpetual ingress and egress in order to service the improvement(s) properly."
(e) Service Drive. The Commission may require the construction of an access drive based on recommendations by the County Engineer and/or Sanitary Engineer in order to service and help maintain improvements constructed within their jurisdiction. The improvement standard shall be approved by both the Commission and the above mentioned engineers.
(Ord. 88-1. Passed 6-23-88.)
1107.07 SOIL AND SEDIMENT POLLUTION CONTROL. (REPEALED)
(EDITOR’S NOTE: Former Section 1107.07 was repealed by Ordinance 2017-04.)
1107.08 FLOOD AREAS AND DRAINAGE.
For the purpose of these regulations, the term Flood Plain or Flood Area is an area subject to flooding due to a Natural Occurrence.
(a) Flood Areas. In order to protect the health, safety and general welfare of the people, the Commission shall reject any proposed subdivision located in an area subject to periodic flooding. If the subdivision is located in an area having poor drainage or other adverse physical characteristics, the Commission may approve the subdivision provided the subdivider agrees to perform such improvements as will render the area safe for the intended use. The subdivider shall furnish a surety covering the total cost of the required improvements. Such surety shall be posted with the Commission.
(b) Regulatory Flood Plain. For the purpose of these regulations, the Regulatory Flood Plain is an area subject to flooding based on the 100 year flood. The 100 year flood is that which has a one percent (1%) chance of occurring in a given location in any single year.
(c) Parts of a Regulatory Flood Plain and Allowed Uses Within Each Part.
(1) Channel. A natural or artificial watercourse that confines and conducts sustained or intermittent streamflow.
(2) Floodway. The Channel and those parts of the adjoining flood plain that are reasonably required to carry and discharge the 100 year flood without a substantial increase in stage.
Allowed Use: Recreational and Open Space.
(3) Floodway fringe. The area within the regulatory flood plain that is out side the floodway. The floodway fringe serves primarily as a backwater storage area.
Allowed Use: Recreational, Open Space and construction of unoccupied structures.
(d) Reason for Controls. To help ensure the general public from loss of life, damage to property and to help create a better environment in which to live.
(e) Responsible Official for Determining Various Parts of a Natural Floodplain. The Mahoning County Engineer shall determine the limits of the various parts of a natural floodplain.
(f) Access. Access to flood control, storm drainage ditches and channels shall be by means of easements whenever dedication of right of way is not possible. Such easements shall be not less than thirty feet in width, exclusive of the width of the ditch or channel and such easement of this type shall be provided on one side of a flood control, storm drainage ditch, channel or similar type facility. (See Section 1107.06
(e)).
(g) Safety. In order to help protect the health, safety and general welfare of the residents within the area of a flood control, storm drainage ditch or channel, the Commission may require the subdivider to construct an appropriate fence or masonry wall adjacent to or surrounding the above mentioned improvements.
(h) National Flood Insurance Program. The National Flood Insurance Program, Section 1910.3(d) for the unincorporated areas of Mahoning County will be utilized by the Commission.
(1) The Single Purpose Flood Plain Management Regulations adopted by the Mahoning County Board of Commissioners on February 15, 1979-Commissioners Journal, Volume 67; Page 116 will be used as a planning tool.
(Ord. 88-1. Passed 6-23-88.)
APPENDIX A: TABLE OF PERMISSIBLE VELOCITIES FOR FLOWING WATER
MAXIMUM VELOCITIES FOR GRASSED WATERWAYS
Permissible Velocity 1/ | |||
Cover | Slope Range 2/ | Erosion Resistant Soils (Ft. Per. Sec.) | Easily Eroded Soils (Ft. Per. Sec.) |
Kentucky bluegrass | 0-5 | 7 | 5 |
Tall fescue | 5-10 | 6 | 4 |
Smooth brome | over 10 | 5 | 3 |
Grass mixtures | 2/0-5 | 5 | 4 |
Reed canary | 5-10 | 6 | 3 |
Redtop | 3/ | ||
Red fescue | 0-5 | 3.5 | 2.5 |
1/ Use velocities exceeding five feet per second only where good cover and proper maintenance can be obtained.
2/ Do not use slopes steeper than ten percent (10%) except for vegetated side slopes in combination with a stone, concrete, or highly resistant vegetative center section.
3/ Do not use slopes steeper than five percent (5%) except for vegetated side slopes in combination with a stone, concrete, or highly resistant vegetative center section.
MAXIMUM VELOCITIES FOR VEGETATED STREAM CHANNELS
Drainage Areas Less Than One Square Mile
The maximum permissible design velocity shall be based on site conditions and shall be such as to result in stability of the ditch bottoms and side slopes. Maximum permissible velocities will be computed using bank-full stage of ten-year frequency stage whichever is lower. The following table will be used as maximum velocity for all drainage main or lateral designs. Vegetation will be established immediately after construction.
SUBSOIL TEXTURE | MAXIMUM VELOCITY 4/ (Ft. Per. Sec.) |
Sand and sandy loam (non colloidal) | 2.5 |
Silt loam (also high lime clay) | 3.0 |
Sandy clay loam | 3.5 |
Clay loam | 4.0 |
Stiff clay, fine gravel and graded loam to gravels | 5.0 |
Graded silt to cobbles (colloidal) | 5.5 |
Shale, hardpan, coarse gravel | 6.0 |
Drainage Areas Greater Than One Square Mile
Channel velocities for newly constructed channels with drainage areas in excess of one square mile shall meet special stability requirements contained in U. S. Soil Conservation Service Technical Guide (Technical Release 25, Planning and Design of Open Channels).
4/ Channels that cannot be designed to meet the maximum velocity limitations must be stabilized with materials other than vegetation. Such materials include crushed rock, concrete, gabions, etc.
PARTS OF A TYPICAL OHIO FLOOD PLAIN
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MAJOR THOROFARE PLAN
MAHONING COUNTY, OHIO
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1109.01 CONSTRUCTION PROCEDURE AND MATERIALS.
The subdivider's engineer shall design and the subdivider shall construct improvements not less than the standards outlined in these regulations. The work shall be done under County supervision/inspection and shall be completed within a reasonable period of time as determined by the Commission. The minimum requirements for materials shall be in accordance with the standards of the current volume of "Construction and Material Specifications" of the State of Ohio Department of Transportation, and the requirements of the Ohio Department of Health.
(Ord. 88-1. Passed 6-23-88.)
1109.02 MONUMENTS, MARKERS AND PINS.
Iron pin monuments shall be accurately set and established at the intersections of all outside boundary lines of the subdivision; at the intersections of those boundary lines with all street lines; 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, including all lot corners. Chapter 4733-37 of the Administrative Code, filed pursuant to Ohio R.C. Chapter 119 is to be followed in regard to monumentation.
(Ord. 88-1. Passed 6-23-88.)
1109.03 STREETS.
(a) Street Improvements. All streets shall be graded to their full width, including side slopes, and improved in conformance with the standards given or referred to in these regulations.
(b) Street Subgrade. The subgrade shall be free of sod, vegetative or organic matter, soft clay, and other objectionable materials for a depth of at least two feet below the finished surface. The subgrade shall be properly rolled, shaped, and compacted and shall be subject to the approval of the Mahoning County Engineer.
(c) Pavement Design. The developer has the option of using any of the pavement design provided in Part Four of these regulations (Typical Sections - Design Standards). The Planning Commission may require pavement of greater width and thickness upon recommendation of the County Engineer, based on his evaluation of subgrade, traffic and wheel load conditions. There are no typical section pavement examples for a commercial or industrial street. The designs will vary depending upon the use intended.
(d) Grading. Streets shall be graded to the full width of the right of way with side slopes not steeper than a ratio of four feet horizontally to one foot vertically.
(e) Guard Rails. Guard rails shall be installed by the subdivider where required by the County Engineer.
(f) Upright Curbs and Curbs and Gutters. Curbs or combination curb and gutters shall be required on all type "A" streets (See Typical Sections, Part Four for specifications). Where curbs exist on abutting properties, their extension shall be required by the subdivider throughout the new subdivision.
(g) Curb Cuts.
(1) Drop curb shall be provided for driveways during the initial construction or by saw cutting after the curb is placed. If roof drain outlets into the curb are approved by the Commission, then an opening of sufficient diameter shall be provided. Saw cutting shall be used at all times to avoid curb damage and to avoid unsightly construction procedures and shall be on an angle.
(2) Drop curbs shall be constructed at all intersections for the handicapped and at other areas where the Commission deems it necessary to assist the handicapped person.
(h) Sidewalks.
(1) Sidewalks shall be provided where considered desirable by the Commission for protection of the public, such as in the vicinity of schools, churches, public open space areas and commercial development. A modified sidewalk system could possibly be required in a planned industrial park complex.
(2) A. Normally the sidewalk location shall be parallel to and one foot within the right-of-way line, but the Commission may consider approval of an innovative sidewalk design pattern involving a complete, overall master plan for a parcel of real estate.
B. Some of the points the Commission will be evaluating in regards to an innovative sidewalk design would be the ultimate connection points, topography, proximity to planned structures, privacy to dwelling occupants and safety of the persons using the walkway system, especially at night.
(i) Driveway Grade. Driveways shall have a maximum grade of eight percent (8%). See Section 1109.04
(c) for additional driveway requirements.
(j) Street Signs.
(1) Street name signs of a type throughout the County shall be provided and erected by the subdivider at all intersections immediately upon the written request of the Commission.
(2) In order to achieve uniformity in street sign design and construction within a specific township, it is recommended that the developer contact the township road supervisor.
Note: No street will be accepted for public use until the proper street signs are installed.
(k) Trees.
(1) Existing trees shall be retained in new subdivisions wherever possible and new plantings shall be furnished by the subdivider in areas as requested by the Commission. Plantings at street shall be so located as to maintain adequate sight distance. An improvement guarantee may be requested by the Commission.
(2) The voluntary assistance of a State Urban Forester is available upon the request of the Commission.
(Ord. 88-1. Passed 6-23-88.)
1109.04 DRAINAGE.
(a) Drainage Improvements. The subdivider shall construct all necessary facilities including underground pipe, inlets, outlets, catch basins or open drainage ditches, as determined by the County Engineer, to provide for adequate disposal of subsurface and surface water and protection of natural drainage courses.
Such drainage improvements must meet the standards below and also the standards of Section 1107.02(b) (Sediment Control Standards and Criteria) of these regulations.
(b) Storm Sewer and Storm Water Drainage.
(1) Where an adequate public storm sewer is available at the plat boundary, the subdivider shall construct the new storm sewer system and connect with such storm sewer line. If such a storm sewer line is not available, the new storm sewer system shall outlet into a natural drainage course of adequate capacity. The ultimate outlet, whether a public storm sewer or a natural water course, shall be approved by the Commission and County Engineer. Storm drainage, including drain tiles around basements shall not be permitted to discharge into any sanitary sewer facility, but shall connect to an adequate drainage outlet.
2 A. A storm water retention facility shall be installed where required by the County Engineer.
B. The design of any retention facility will also be evaluated in regards to the safety of the area residents, therefore, fencing along with other safety precautions may be requested by the Commission.
(3) Where type "A" streets are to be constructed, storm sewers shall be designed for a ten-year frequency design storm.
A. Catch basins and storm inlets shall not enter a main line sewer directly.
B. Large angular horizontal changes in storm sewer lines are not acceptable.
C. Minimum storm sewer size shall be fifteen inches.
The Commission and County Engineer may require a larger diameter storm sewer if necessary, depending upon grade, anticipated volume and velocity of storm water flow, etc.
(4) Where type "B" streets are to be constructed
A. All newly constructed roadside ditches shall be lined. Storm water velocities of a two year frequency design shall be used to determine the type of lining that shall be constructed. Concrete lining will be required where flow velocity exceeds seven feet per second (fps). Sodding will be required when flow velocity exceeds 4.5 fps. Seeding will be required in all other instances.
B. Depths of flow in roadside ditches shall not exceed one foot during a ten-year frequency design storm.
(5) Within areas of high population density, the Commission and County Engineer may require that all surface drainage be carried within a closed conduit system. Enclosure of less populated areas being subdivided shall be determined at the time of platting. The Commission and County Engineer may require a drainage enclosure system in less populated areas due to the existence of the required utilities and/or due to the encroachment of various development patterns.
(c) Culverts and Bridges. Where natural drainage channels intersect any street right of way, it shall be the responsibility of the subdivider to have satisfactory bridges and/or culverts constructed.
(1) Where culverts are required, minimum requirements shall be as follows:
A. All culverts shall extend across the entire right-of-way width of the proposed street, unless the County Engineer feels that a modification in this requirement based on need and engineering design is warranted. The subdivider's engineer shall prepare all plans and the County Engineer will review and endorse in writing, if acceptable.
B. Minimum culvert size shall be based on a ten-year storm design with an HW/D of one or less under inlet control. Nowhere shall the minimum diameter be less than eighteen inches.
C. Culverts shall be analyzed under both inlet and outlet control to determine headwater depth. Analysis shall include a determination of headwater depth for 10, 25 and 100 year storm design.
D. Headwater depth shall not exceed an elevation of one foot below pavement centerline for 25-year storm design.
E. A concrete headwall shall be constructed by the subdivider where required by the County Engineer.
F. Culverts are designed for controlled inundation, therefore, a structure to be occupied shall not be proposed for any land below the 100 year headwater elevation.
G. If culvert analysis show any adverse tailwater effects on other property or highways, the culvert size shall be increased to eliminate this effect.
H. In areas designed as Zone A on the Flood Boundary and Floodway Map of Mahoning County (National Flood Insurance Program) all above requirements are superseded by the requirements, directives and outlines of the U.S. Army Corps of Engineers and the U.S. Department of Housing and Urban Development.
Note: In addition to up-stream effects, downstream effects shall be considered with corrective measures (detention, channel widening, etc.) and detailed on the plan.
(2) A. Driveway culverts shall have a minimum length of twenty feet and a minimum diameter of fifteen inches. Such culverts shall be designed by the subdivider's engineer and reviewed and endorsed in writing by the County Engineer if acceptable.
B. The material used shall be concrete, vitrified, corrugated or material equal to or greater than these mentioned, if approved by the County Engineer.
C. Headwall construction may be required when deemed necessary by the County Engineer.
(3) Bridge waterways. The determination of adequate waterway openings is essential to the design of safe bridges. Depending upon the type of structure, number of spans and classification of roadway the design package should include applicable parts of the following:
A. Site data.
1. Maps, stream cross-sections, aerial photographs.
2. Data on existing bridges, including dates of construction and performance during past floods.
3. Available high water marks with dates of occurrence.
4. Information on ice, debris and channel stability.
5. Factors affecting water stages, such as high water from other streams, reservoirs and flood control projects.
B. Hydrologic analysis.
1. Compile flood data applicable to estimating floods at site including both historical floods and maximum floods of record.
2. Plot flood-frequency curve for site.
3. Determine distribution of flow and velocities at site for flood discharge to be considered in design of structure.
4. Plot stage-discharge curve for site.
C. Hydraulic analysis.
1. Compute backwater and mean velocities of bridge openings for various trial bridge lengths and selected discharges.
2. Estimate scour depths at piers and abutments of proposed structures.
(4) Structure design and construction.
A. The design of any proposed bridge shall be in complete accordance with the Standard Specifications for Highway Bridges as adopted by the American Association of State Highway and Transportation Officials (AASHTO), Division 1.
B. Construction of any bridges shall be in compliance with Division 2 of the AASHTO Standard Specifications for Highway Bridges.
(d) Pedestrian Footbridges. The Commission may require the construction of a pedestrian footbridge across a stream or natural drainage course or man-made feature in order to help protect the health, safety and general welfare of the residents and to provide access to a facility within or adjacent to the subdivision.
(e) Drainage Design. The subdivider shall file with the office of the County Engineer, drainage calculations supporting size and type of storm sewer systems, culverts and bridges proposed on detailed construction drawings. Generally in most cases, plain concrete pipe, fully coated corrugated metal pipe and vitrified pipe of adequate strength may be used outside the pavement area. Reinforced concrete pipe, fully coated corrugated metal pipe and vitrified pipe of adequate strength shall be used within the pavement area and backfilled with premium material.
(f) Protection of Drainage Courses. The subdivider shall make provisions to assure that all natural water courses and gullies carrying storm surface water runoff shall continue to function in their normal manner. Whenever changes are contemplated for any water courses, plans for such changes shall be submitted to and approved by the County Engineer before any changes on-site are made. The Commission may require an easement of sufficient width to be shown on the plat survey which is to be recorded.
(Ord. 88-1. Passed 6-23-88.)
1109.05 SANITARY SEWER IMPROVEMENTS.
(a) Public Sanitary Sewer Available. Where an adequate public sanitary sewer system is reasonably accessible, in the determination of the Commission and Mahoning County Sanitary Engineer, public sanitary sewer shall be installed to adequately serve all lots, including lateral connections to the public system. Public sewer system extensions shall meet the requirements of the County Standards. Combinations of sanitary sewers and storm sewers shall be prohibited.
(b) Public Sanitary Sewer Not Available. Where a public sanitary sewer is not reasonably accessible, the subdivider may provide:
(1) A central treatment plant for the subdivision provided that such central treatment plant is installed in accordance with the County Sanitary Engineer, Ohio Department of Health and the local Health Department requirements.
(2) Where the installation of individual disposal systems (on-site) is considered, the suitability of the soil for individual systems, the absorptive ability of the soil, surface drainage, ground water level and topography shall be the criteria for determining whether or not the installation of individual systems is permissible. Criteria shall be in accordance with the requirements of the County Board of Health and the requirements of the Ohio Department of Health.
(Ord. 88-1. Passed 6-23-88.)
1109.06 WATER SUPPLY IMPROVEMENTS.
(a) Public Water Available. Where a public water supply is reasonably accessible or required because of pollution problems in the determination of the Planning Commission, the subdivision shall be provided with a complete water distribution system.
Note: Where a private water supply system is required due to the non-availability of a public water supply system, an individual must contact the Mahoning County Board of Health representative. Ohio Department of Health Regulations must be conformed to.
The Mahoning County Board of Health enforces the State of Ohio Private Water Supply Regulations.
(Ord. 88-1. Passed 6-23-88.)
1109.07 IMPROVEMENT ADMINISTRATION.
(a) Governing Authority. All street improvements including street signs, storm, sediment and flood control improvements shall be constructed to the approval by signature of the County Engineer. All sanitary sewer improvements shall be constructed to the approval by signature of the County Sanitary Engineer.
(b) Preparation of Construction Drawings. Detailed construction drawings shall be prepared and construction engineering shall be performed by a registered Engineer (Ohio) Legal Authority Ohio R.C. 711.10.1.
(1) The developer must prepare a basic project time schedule in order to assist the Planning Commission and the County Engineer.
(Ord. 88-1. Passed 6-23-88.)
1109.08 GUARANTEE FOR INSTALLATION OF IMPROVEMENTS.
All improvements required herein shall be constructed prior to the recording of the final plat; or the subdivider shall furnish the Commission with a subdivision bond, cash escrow or letter of credit or some other suitable instrument as approved by the Commission covering one-hundred percent (100%) of the total cost of all improvements as shown on the approved construction drawings.
Note: All improvements contained within a recorded final plat shall be completed within two years, unless an extension of time is granted by the Commission.
(a) Construction Cost Estimate. The estimate of cost of all improvements shall be prepared by the subdivider's engineer and shall be subject to review and approval by the County Engineer. The request for cost approval shall be submitted in writing to the County Engineer with a copy also being submitted in the Planning Office.
(Ord. 88-1. Passed 6-23-88.)
1109.09 INSPECTION.
Inspection shall be required for all improvements as shown on the approved construction drawings.
(a) Responsible Officials.
(1) The official responsible for the inspection of all improvements (street, storm sewer/retention, sedimentation, etc.) as shown on the approved construction drawings shall be the County Engineer. The official responsible for the inspection of all sanitary sewers shall be the County Sanitary Engineer.
(2) The Township Road Superintendent or Supervisor and Subdivider's Engineer shall be involved in the final inspection and sign same.
Note: The subdivider's engineer and Township Road Superintendent shall work out a suitable inspection schedule with the County Engineer or Sanitary Engineer in order to assist on inspections during the various phases of development.
(b) Inspection Fees. All inspection fees shall be paid for by the subdivider as determined by the County Engineer and Sanitary Engineer.
(c) Notification Required Prior to Start of Construction. The subdivider shall notify the County Engineer and/or the Sanitary Engineer three days prior to the start of construction in order to establish an inspection schedule.
(Ord. 88-1. Passed 6-23-88.)
1109.10 ACCEPTANCE.
(a) Request for Final Inspection. The subdivider upon completion of all the improvements as required on the approved construction drawings, shall request in writing a final inspection by the County Engineer and/or Sanitary Engineer.
(b) Final Inspection. Upon written request, the County Engineer shall make a final inspection of all the improvements as required on the approved construction drawings. The County Sanitary Engineer, upon written request shall make a final inspection of all required sanitary improvements as shown on the approved construction drawings.
(c) Core Samples Required. Prior to final inspection approval, the developer shall show evidence of satisfactory pavement thickness by taking cores at locations determined by the County 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.
(d) 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 or some other suitable instrument as approved by the Planning Commission. The amount of the guarantee shall be equal to ten percent (10%) of the total estimated cost of all improvements as shown on the approved construction drawings. The minimum amount of bond shall not be less than one thousand dollars ($1,000).
(Ord. 88-1. Passed 6-23-88.)
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