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Niles City Zoning Code

TITLE FIVE

SUBDIVISION CONTROL

Chapter 1175 Planning Commission Regulations


CROSS REFERENCES Plat acknowledgement and recording - see Ohio R. C. 711.06 Fee of designated public land to vest when plat recorded - see Ohio R. C. 711.07, 711.11 Plat approval required - see Ohio R. C. 711.09 Unlawful transfer of lots - see Ohio R. C. 711.13, 711.15

1175.01 Jurisdiction

The rules and regulations contained in this chapter shall govern the division of any parcel of land, including frontage along an existing street or highway, into two or more lots for the purpose, whether immediate or future, of transfer of ownership or for building development, including all changes in street or lot lines excepting only those divisions of land for agricultural purposes in parcels of more than ten acres and which do not involve any new streets or easements of access.
The Planning Commission hereby assumes jurisdiction over all subdivision of land within the corporate area of the City and the unincorporated area within three miles of the corporate boundaries thereof unless the land to be divided lies within the area of jurisdiction of more than one city or village planning commission, in which case the City Planning Commission of Niles, will assume jurisdiction over the land to be subdivided which lies nearer to the corporate boundaries of Niles, than to the corporate boundaries of any other city or village having a planning commission.
In the event a county or regional planning commission should be officially established having jurisdiction over any unincorporated area located within three miles of the corporate limits of Niles, the City Planning Commission shall continue its jurisdiction over the unincorporated area previously described, but the City Planning Commission will not approve any subdivision of land in such area until and unless advice from approval has been received from such county or regional planning commission.

1175.02 Procedure

No person, firm or corporation proposing to make or have made a subdivision within the area of jurisdiction of the City Planning Commission shall make any contract for the sale of or shall offer for sale the subdivision or any part thereof or shall proceed with any work on the proposed subdivision, including grading which may affect the arrangement of streets until such person, firm or corporation has obtained from the Planning Commission the tentative approval of the preliminary plat of the proposed subdivision and has met the other requirements herein set forth.
The engineering and surveying work required in connection with the making of any subdivision shall be made by a registered engineer or surveyor in accordance with the provisions of the Engineers' and Registration Act of the Ohio Revised Code.
Each subdivider should consult with the Planning Commission and the City Engineer to determine the details of the applicability of these regulations and such other City or County regulations which might apply to the laying out and improvement of any subdivision of land. If the land to be subdivided is located in the unincorporated area of jurisdiction of the City Planning Commission, the subdivider should also consult with the County Engineer with respect to the roads, drainage or other construction. If the proposed subdivision is located in the area of jurisdiction of a sanitary district, the Engineer for such district should be consulted and if the proposed subdivision is located in an unincorporated area where there is no sanitary district, the County Health Commissioner should be consulted with respect to wells and septic tanks if the subdivision is located beyond the availability of public sewer or water lines.

1175.03 Preliminary Plat

  1. A subdivider shall prepare and submit to the Planning Commission four black and white print copies of a preliminary and tentative plat of any subdivision of land.
    The City Engineer will check the proposed subdivision for the Planning Commission to determine if such plat conforms to these requirements. If the subdivision is situated in the unincorporated area of jurisdiction of the Planning Commission, the City Engineer shall forward one copy of each proposed plat to the County Engineer, the County Sanitary Engineer and the County Health Commissioner.
    When the Planning Commission has received the recommendation of the City Engineer with respect to the proposed subdivision, the Planning Commission shall approve or disapprove the proposed subdivision. In case of approval, the Planning Commission indicates its approval only of the layout submitted on the plat and the Chairman of the Planning Commission shall show the Planning Commission's action with respect to approval or disapproval on the plat of the subdivision as submitted, and shall inform the subdivider and other public agencies involved of the Planning Commission's action on the proposed plat.
    The action of the Planning Commission in approving the plat of a proposed subdivision is preliminary or tentative and shall become void within one year if the plat of the subdivision is not again submitted for final approval. When the subdivision of a large tract of land is proposed, the subdivider may obtain the final approval of the Planning Commission of a portion of such subdivision within one year from the date of tentative approval and the Planning Commission, upon written request, may grant extensions of time for obtaining final approval of subsequent portions of the subdivision.
    After the Planning Commission has given tentative approval to the plat of a subdivision of land, the subdivider should immediately prepare and submit for approval, detailed construction drawings and specifications for the improvements required to be installed in the subdivision. The drawings and specifications shall be submitted in such form as is required by the City or County agency involved. The subdivider must submit a certificate of completion from each City or County agency having jurisdiction over any improvements installed in a subdivision before a final plat may be submitted to the Planning Commission or the owner may post a bond or make a cash deposit in lieu of the installation of such improvements.
    When all details required for the preparation of a final plat have been complied with, the subdivider shall submit a final plat of the subdivision of land to the Planning Commission.
    A preliminary or tentative plat should be prepared and submitted as black and white reproduction prints from an original tracing and at a minimum size of eighteen inches by twenty-four inches. Should a larger size print be required, the preliminary plat may be submitted on prints enlarged in multiplies of six inches in each direction.
  2. The preliminary plat shall show:
    1. The proposed name of the subdivision which shall not duplicate the name of any other subdivision in the locality.
    2. Location by section, town, range, township, county, state.
    3. Name and address of the subdivider and the engineer.
    4. Scale at a minimum of one inch equals 100 feet.
    5. Date.
    6. North point.
    7. Boundaries of the proposed subdivision indicated by heavy solid line and the acreage contained therein.
    8. Location, widths and names of all existing or platted streets, indicating also whether dedicated, undedicated, constructed or unimproved.
    9. Railroad and utility rights of way, easements, parks and other public spaces, permanent buildings, section and corporation lines.
    10. Existing sewers, water mains, culverts and other underground installations within the tract or adjacent thereto.
    11. Names of adjacent subdivision and the names of owners of unsubdivided land.
    12. Zoning districts, if any.
    13. Contours at intervals of not more than five feet where the slope is less than ten percent. Elevations shall be based on sea level datum. Drainage channels, large trees, wooded areas, power transmission poles and lines and all other significant items should be shown.
    14. Preliminary layout of streets including names and widths and widths of alleys or easements.
    15. Layout, numbers and approximate dimensions of lots.
    16. Parcels of land to be dedicated or reserved for public use.
    17. Building setback lines.
    18. Proposed use of lots.
    19. A typewritten copy of the proposed covenants and restrictions.
    20. A vicinity map at a scale of not more than 1000 feet equal one inch, showing the relation of the proposed plat to the surrounding territory.

1175.04 Final Plat

  1. The Planning Commission will not consider a final plat of any subdivision of land until the required improvements have been completed or until in lieu of such completion, the subdivider has made arrangement satisfactory to the Planning Commission, guaranteeing the installations of such improvements either by cash deposit or by satisfactory bond.
  2. The Planning Commission will accept a certification from the City Engineer for all subdivisions located within the corporate area of the City, or a certificate from the County Engineer, County Sanitary Engineer and County Health Commissioner for those subdivisions located in the unincorporated area of jurisdiction of the City Planning Commission, indicating that all improvements have been installed in accordance with their specifications.
  3. If the required improvements have not been completed or installed, the subdivider shall submit to the Planning Commission a contract in four copies between the subdivider and the City, guaranteeing the completion or installation of the required improvements which contract must be supported by a performance bond with corporate surety satisfactory to the City and payable to the City of Niles, which bond shall be in an amount equal to the cost of construction of the required improvements, plus engineers' fees for layout and inspection based on an estimate furnished or approved by the City Engineer.
  4. If the subdivision lies in the unincorporated area of jurisdiction of the City Planning Commission and the subdivider requests final approval of a subdivision before the required improvements are completed or installed, the City Planning Commission will not consider the final plat of such subdivision until a contract has been entered into between the subdivider and the Trumbull County Commissioners which contract must be supported by a performance bond with corporate surety satisfaction to the County Commissioners, which bond shall be payable to the State of Ohio, for the use and benefit of Trumbull County. The amount of such bond shall equal in amount the cost of construction of the required improvements plus engineers' fees for layout and inspection based on an estimate furnished by the County Engineer.
    Any such performance bond shall stipulate that the improvements will be completed within the time specified in the contract. In the event the improvements are not installed by the time specified in the contract, the City of Niles or the County Commissioners may let a contract or contracts for the installation of the improvements and the bonding company will be severally and jointly liable for the costs thereof.
    A cash deposit by certified check made payable to the City Treasurer or County Treasurer may be posted in lieu of a performance bond.
  5. The subdivider shall submit four copies of a proposed final plat of a subdivision to the City Planning Commission for approval. The final plat will be reviewed by the City Engineer, and, if located in the unincorporated area of jurisdiction of the City Planning Commission, will be reviewed by the County Engineer, the County Sanitary Engineer and the County Health Commissioner in order to obtain such officials' certification of compliance with all subdivision standards, design requirements and specifications.
    When a statement of compliance has been received from the City Engineer, County Engineer, County Sanitary Engineer or County Health Commission, the Planning Commission will consider the final plat. The Commission will approve or disapprove the final plat within thirty days. In the event the final plat is disapproved, the subdivider will be informed by letter in which shall be stated the reasons for disapproval. The approval of a final plat shall be indicated thereon by the signature of the Chairman of the City Planning Commission. Upon approval, the subdivider will be required to furnish one reproducible tracing of the plat and the necessary prints for distribution to the various officials concerned.
  6. The final approval of a plat by the Planning Commission shall be null and void unless the plat is placed on file for recording within thirty days of approval.
    The final plat shall be submitted in ink on tracing cloth on sheets eighteen inches by twenty-four inches and if a larger sheet is required the size may be increased in multiples of six inches in each direction.
  7. The final plat shall show:
    1. Name of subdivision.
    2. Location by section, town, range, township, county, state.
    3. North point, date, scale at not less than one inch equals 100 feet.
    4. The plat boundaries.
    5. Exact width and location of all streets and alleys within and adjoining the plat.
    6. Bearings and distances to the nearest established street lines, section corners or other recognized permanent monuments which shall be accurately described on the plat.
    7. Municipal, township, county or section lines accurately tied to the lines of the subdivision by distances and bearings.
    8. Names of streets.
    9. Lengths of all arcs, radii, internal angles, points of curvature and tangent bearings.
    10. Easements for rights of way provided for public services or utilities.
    11. Lot numbers and lines with accurate dimensions in feet and hundredths and with bearings or angles to street and alley lines.
    12. Accurate locations and materials of monuments.
    13. Building setback lines.
    14. Protective covenants.
    15. Certification by a registered civil engineer or surveyor to the effect that the plan represents a survey made by him and that all the monuments shown thereon actually exist and that their location and material are correctly shown.
    16. Acknowledgement by the owner or owners of his or their adoption of the plat, and dedication of streets and any other public areas.
    17. Space for statement of approval by the Planning Commission.

1175.05 Vacations And Replats

If a replat of a subdivision is made, the procedures outlined in this chapter for making a new plat shall apply. Refer to Ohio R. C. 711.17 et seq. for procedure in obtaining vacation of a plat.

1175.06 Subdivision Standards

  1. The streets in a subdivision shall conform to the Thoroughfare Plan adopted by the Planning Commission. If a subdivision includes any part of a street indicated in the Thoroughfare Plan, such part of such street shall be dedicated by the subdivider.
    Proposed streets shall provide for continuation or completion of any existing streets in adjoining property at equal or greater width and in similar alignment unless variation are recommended by the Planning Commission.
    Street intersections shall be at right angles or as near thereto as possible.
    Cul-de-sacs shall not be longer than 600 feet unless topography necessitates a greater length.
    Street names shall be subject to the approval of the Planning Commission and shall not duplicate existing street names unless a street in a subdivision is an extension of an existing street in which case the street shall bear the same name.
    Streets should be laid out with regard to topography, creeks, wooded areas or other natural features.
    Half streets should be avoided. If a half street exists in an adjoining plat through platting or dedication, the other half shall be platted if deemed necessary by the Planning Commission.
    Alleys should not be platted in residential districts. Alleys shall be platted in business areas and may be required in industrial areas. No dead-end alley will be approved.
    Easements for utilities shall be provided along rear or side lot lines or along alleys if needed.
    The Planning Commission will determine the minimum dimensional standards for road rights of way, pavements, sidewalks and other street improvements for each subdivision.
    Typical street requirements shall be as follows:
    1. Major thoroughfares. Any major thoroughfare must be platted to the width shown on the Thoroughfare Plan. The street shall be paved a minimum width of forty feet and shall be provided with sidewalks five feet wide.
    2. Business streets or secondary thoroughfares. The right of way shall be not less than sixty-six feet with a forty foot pavement. Sidewalks shall be installed not less than five feet wide.
    3. Residential streets. The minimum street width shall be fifty feet with a twenty-seven foot pavement. Sidewalks shall be installed five feet wide.
    4. Location of improvements. If a subdivision fronts on an existing street or highway, all required improvements shall be installed on the development side of the streets.
    5. Cul-de-sacs. Cul-de-sacs streets shall be not less than fifty feet wide with a twenty-seven foot pavement. There shall be a turnaround at the end of such street with a minimum radius of forty-five feet. The Planning Commission may approve an equally safe and convenient form of turnaround should topographic or other conditions require.
    6. Alleys. Alleys shall be not less than twenty feet wide and they shall be paved the full twenty feet. A minimum two foot easement is recommended along each side of an alley for the installation of utility lines.
    7. Easements. Easements shall be not less than twenty feet wide (ten feet on each side of a lot line).
    8. Grades. Minimum grades on any street or alley shall be 0.5 percent for purposes of drainage. The maximum grades shall be as follows:
      Major thoroughfares: six percent.
      Secondary thoroughfares: seven percent.
      Residential streets: ten percent.
      Alleys: ten percent.
    9. Vertical curves. Major or secondary thoroughfares shall have a minimum sight distance of 400 feet, measured between points five feet above the center line of the roadway.
      Minor streets shall have a minimum sight distance of 200 feet measured between points five feet above the center of the roadway.
    10. Minimum radii of curvature. Minimum radii of curvature on the center line shall be at least 500 feet for major or secondary thoroughfares and shall be a minimum of 100 feet for minor streets.
    11. Tangents between reversed curves. Tangents between reversed curves shall be provided, not less than 200 feet on major or secondary thoroughfares and not less than 100 feet on minor thoroughfares.
    12. Intersections. At street intersections, property line corners shall be rounded by an arc with a minimum radius of twenty feet.
  2. The minimum standards for lot and block sizes are as follows:
    1. Blocks shall not exceed 1600 feet in length.
    2. Every lot shall abut on a street.
    3. Double frontage lots shall not be platted.
    4. The size, shape and orientation of lots shall be appropriate for the location and the type of development contemplated. Any lot platted for residential use shall be at least seventy feet wide at the setback line and shall be not less than 150 feet deep.
    5. The side lines of lots shall be approximately at right angles or radial to street lines.
    6. A building setback line shall be established on all lots to be used for residential purposes and on such other lots as the Planning Commission may require. The setback line shall be not less than thirty feet from the street line on corner lots a fifteen foot setback line shall be provided along the side lot line abutting a street.
  3. The improvements herein required to be installed or performed in each subdivision shall be installed in accordance with the specifications of the City Engineer, the County Engineer, the County Sanitary Engineer or the County Health Commissioner, whoever has jurisdiction over the improvements to be installed. The following improvements shall be installed.
    1. Street grading. Streets and alleys shall be completed to grades which have been approved by the City Engineer or the County Engineer.
    2. Surfacing and paving, curbs and gutters. Streets shall be paved and surfaced and curbs and gutters shall be installed in conformity with the minimum standards for water bound base and bituminous surface type of pavement together with the minimum standards for the installation of curbs and gutters as stipulated by the regulations of the City Engineer.
    3. Sidewalks. Sidewalks shall be installed on any street within the City in conformity with the requirements of the City Engineer. The Planning Commission shall determine if sidewalks will be required on any street outside the incorporated area. If required, such sidewalks shall be installed in conformity with the requirements of the County Engineer.
    4. Water system. Each lot in a proposed subdivision must be provided with a water connection at the edge of the pavement and access to the public water system if the subdivision is located within the City. The layout of the water system including the sizes of water mains and the methods of installation shall be approved by the official having jurisdiction over the water system to which it is proposed to connect.
      If the proposed subdivision is located in the unincorporated area, a water connection at the edge of the pavement and access to a public water system shall be provided for each lot, if a public water supply is reasonably accessible to the subdivision. The sizes of water mains and the methods of installation shall be approved by the official having jurisdiction over the water system to which it is proposed to connect.
      If a subdivision is located in the unincorporated area and there is no public water supply reasonably accessible, no subdivision will be approved until the subdivider can provide a source of water supply for each lot which will meet the approval of the County Board of Health or other health and sanitary agency involved.
    5. Sanitary sewers. Each lot in a proposed subdivision which is located within the City shall be provided with a sanitary sewer connection and with access to a City sewer. The layout and installation of any such sewer system shall be approved by the City Engineer.
      Each lot in a proposed subdivision which is located in the unincorporated area shall be provided with a sanitary sewer connection and with access to a public sanitary sewer, if a public sanitary sewer system is reasonably accessible. The layout and installation of a sanitary sewer system in an unincorporated area must be approved by the official having supervision over the public sanitary sewer system with which it is proposed to connect.
      Each connection to a sanitary sewer shall extend back of the curb line so that connection from each lot may be made without disturbing the street surfacing.
      If the subdivision is located so that reasonable access to a public sanitary sewer system is not possible, the subdivider shall install a group disposal plant or each individual lot owner may install an individual disposal system, provided that each lot with an individual disposal system shall have a minimum lot area of 20,000 square feet with an average lot width of 100 feet, and further provided any such group disposal system shall be installed in compliance with the regulations of the County Board of Health or other health or sanitary agency involved. If, in the opinion of the public health agency involved, the soil, topography or proposed use of the property so require, the Planning Commission may require a greater lot area and a greater width of lot than above specified.
    6. Storm drainage. Storm drainage may not empty into any sanitary sewer. If a storm water sewer is reasonably accessible to a proposed subdivision, the subdivider shall connect with such storm drainage system and shall do such grading and provide such drainage structures as may be required by the City Engineer or by the County Engineer if the property is located in the unincorporated areas.
      If the subdivision is located in an area where a public storm water sewer system is not available, the subdivider shall do such grading and provide such drainage structures as may be required by the City Engineer or by the County Engineer if the subdivision is located in the unincorporated area.
    7. Street trees. It is recommended that street trees be planted as a part of a subdivision development. Street tree plantings, including size, species and location shall be approved by the Planning Commission.
    8. Street signs. Street signs will be installed at all street intersections by the City on all streets whose dedication for public use is accepted by the City. The subdivider will be required to install street signs at all intersections in subdivisions within the unincorporated area.
    9. Monuments. Monuments of concrete not less than three feet long and four inches square or round at the top with a bronze cap with a crossmark thereon and approved as to construction by the City Engineer shall be set at the intersections of all outside boundary lines of the plat, at the intersections of the boundary lines with all street lines, at all street intersections, 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 definitely establish all lines of the plat.
      Hardwood stakes at least eighteen inches long and at least two inches square shall be set at the corners of all lots or permanent iron pins at least thirty inches long and three-quarters of an inch in diameter may be placed at all lot corners.

1175.07 Acceptance Of Dedicated Areas

If a subdivider dedicates streets, alleys or other areas for public use, official acceptance of such dedicated areas must be obtained from Council for those areas situated within the incorporated area of the City after final approval of the subdivision by the Planning Commission. In a subdivision situated outside of the incorporated area, the official acceptance of such dedicated areas must be obtained from the County Commissioner of Trumbull County.

1175.08 Variances

Where the topography or other physical conditions are such that compliance with the foregoing requirements would cause practical difficulty and unnecessary hardship, the Planning Commission may vary the minimum requirements herein prescribed in such manner as will protect the public health, safety, convenience and the general welfare of the community.

1175.09 Standard Forms

The following forms shall be used on the final plat of a subdivision:

  1. OWNER'S CERTIFICATE
    I/we hereby certify that I/we are the owner/owners of the lands hereon platted and hereby adopt the plan of the subdivision of the property as shown hereon and do hereby dedicate to the public all public ways and easements. Name Witness Witness Name Witness Witness State of Ohio, Trumbull County, ss Before me, the undersigned, a notary public in and for said county and state, personally appeared and acknowledged the signing and execution of the above plat. In testimony whereof, I have hereunto set my hand and notary seal this day of , 19 . Notary Public in and for Trumbull County, Ohio
  2. CERTIFICATE OF ENGINEER OF SURVEYOR
    I hereby certify that the plat shown hereon is a true and correct survey made by me or under my supervision and that approved monuments have been placed as indicated. Registered Engineer and Surveyor
  3. CITY PLANNING COMMISSION APPROVAL
    Approved by the City Planning Commission of Niles, Ohio, this day of 19 . Chairman
  4. ACCEPTANCE BY CITY COUNCIL OR COUNTY COMMISSIONERS
    The lands hereon dedicated to public use are hereby accepted by Ordinance No. , passed the day of _______________, 19 . Board of County Commissioners Trumbull County, Ohio Commissioner Commissioner Commissioner Clerk, Board of County Commissioners
  5. RECORD
    Recorded , Book , Page , of the County Recorder's Office of Trumbull County, Ohio. County Recorder