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Norwalk City Zoning Code

TITLE THREE

Subdivision Regulations

1111.01 JURISDICTION.

   These Subdivision Regulations shall be applicable to all subdivisions and resubdivisions of land within the corporate limits of the City shown on the Comprehensive Plan adopted by the Planning Commission as provided in Ohio R.C. 711.09. The Planning Commission shall have the final approval of all plats within these limits, except as otherwise provided in Chapter 1115. All subdivisions and re-subdivisions within corporate lands of the City are further subject to the provisions of the Zoning Ordinance.
(Ord. 2011-008. Passed 3-15-11.)
 

1111.02 INTERPRETATION AND PURPOSE.

   In their interpretation and application, the provisions of these Subdivision Regulations shall be held to be the minimum requirements adopted for the protection of the public health, safety, comfort, convenience and general welfare. Among other purposes, the provisions of these Regulations are intended to provide for:
   (a)    Orderly development of the land to obtain a harmonious and stable neighborhood and a permanently wholesome community environment;
   (b)    Safe and convenient vehicular and pedestrian traffic circulation;
   (c)    Adequate access for service and emergency vehicles;
   (d)    Adequate, convenient and economical open spaces, school sites, utilities, recreation and public service facilities designed to conserve public funds;
   (e)    Accurate surveying of land, preparing and recording of plats;
   (f)    Discouraging premature, uneconomical or scattered subdivisions; and
   (g)    Coordination of land development in accordance with the Comprehensive Plan and other valid plans of the City and their respective updates.
      (Ord. 2011-008. Passed 3-15-11.)
 

1111.03 SCOPE.

   These Subdivision Regulations shall apply to the development of all types of land uses such as residential, commercial, industrial and recreational and shall apply to the division of any parcel of land by an instrument of conveyance. No parcel of land, lot, tract or parts thereof shall be divided, subdivided, conveyed or transferred unless the same is in compliance with these Regulations. (Ord. 2011-008. Passed 3-15-11.)
 

1111.04 AUTHORITY AND ADMINISTRATION.

   (a)    The Planning Commission and Council according to statutory provisions of Ohio R. C. Chapter 711, and this Charter, having adopted a Comprehensive Plan, and the provisions of the Charter are authorized, subject to the holding of required public hearings, to adopt rules and regulations covering plats for subdividing land, and to approve, conditionally approve, or disapprove plats or subdivisions of land falling within the City's jurisdiction. It shall be the responsibility of the Planning Commission to administer these Subdivision Regulations except where specific authority is given to other agencies or officials as set forth in these Regulations. Furthermore, it shall be the duty of the Planning Commission and its staff, together with other appropriate agencies and officials to enforce these Regulations within all areas under the subdivision jurisdiction of the Planning Commission as prescribed by law.
   (b)    The Planning Commission, by virtue of the authority granted by the statutes, Ohio R. C. Chapters 713 and 735, and the Charter, or such statutes hereinafter in effect, may prepare plans for unsubdivided or improperly subdivided areas to show a pattern of future streets and public open spaces. After the required public hearings have been held, such plans or portions thereof may be adopted by the Planning Commission and recorded, and thereafter no subdivision may be approved and no street may be improved or accepted, unless it conforms substantially to such recorded plan; and no permit may be issued for construction of a building or structure on land shown within the right of way of any proposed future street until such right of way has been acquired or reserved; however, such permit may not be withheld for more than ninety days or such extended time as is mutually agreeable by the City and the owner.
(Ord. 2011-008. Passed 3-15-11.)
 

1111.05 PLANNED UNIT DEVELOPMENTS; MODIFICATION OF REGULATIONS.

   The planned unit development approach to subdividing is greatly encouraged. These Subdivision Regulations may be modified by the degree necessary to accomplish the objectives and standards required for the planned unit development of residential, commercial or industrial subdivisions, or a mixture thereof, in accordance with the applicable provisions of the Zoning Ordinance. Nothing within this section, however, shall exempt the developer from the requirements of subdivision plat approval as specified in Chapter 1113.
(Ord. 2011-008. Passed 3-15-11.)
 

1111.06 VARIANCES, EXCEPTIONS AND AMENDMENTS.

   (a)    Where it can be shown in the case of a particular proposed subdivision, that strict compliance with the requirements of these Subdivision Regulations (except in Chapter 1115) would result in extraordinary or undue hardship to the subdivider, or that these conditions would result in retarding the achievement of the objectives of these Regulations, then the Planning Commission may vary, modify or waive requirements so that substantial justice may be done and the public interest secured. Any such determination shall be based fundamentally on a finding that unusual topographical or other exceptional conditions not caused by action of the subdivider require such variance, modification or waiver; and that the granting thereof, shall not adversely affect the general public nor have the effect of nullifying the intent of these Regulations.
   (b)    In no case shall any variance, modification or waiver be more than a minimum easing of the requirements; in no case shall it have the effect of reducing the traffic capacity on any major or secondary thoroughfare; and in no case shall it be in conflict with the existing Zoning Ordinance.
   (c)    In granting variances, modifications or waivers, the Planning Commission may require such conditions in its judgment as shall secure substantially the objectives of the standards and requirements so affected.
   (d)    The subdivider shall submit an application for a variance, modification or waiver in writing to the Planning Commission simultaneously, with the preliminary plat for the subdivision. The application shall explain in detail the reasons for and the facts supporting the request.
   (e)   The Planning Commission has no authority to grant a use variance.
(Ord. 2011-008. Passed 3-15-11.)
 

1111.07 SEPARABILITY.

   If any section, clause, phrase, word, provision or portion of these Subdivision Regulations shall be held to be unconstitutional or invalid by any court of competent jurisdiction, such holding or decision shall not affect the validity of these Regulations as a whole, or any part thereof other than the section, clause, phrase, word, provision or portion so held to be invalid.
(Ord. 2011-008. Passed 3-15-11.)
 

1111.08 PUBLIC HEARING.

   The Planning Commission on its own initiative or upon petition by a resident or neighboring property owner may, prior to acting on a preliminary plat of a subdivision, hold a public hearing thereon at such time and upon such notice as the Planning Commission may designate. (Ord. 2011-008. Passed 3-15-11.)
 
 
 
 

1112.01 DEFINITIONS.

   (a)   For the purpose of these Subdivision Regulations, certain terms or words used herein shall be interpreted as follows: "Person" includes a firm, association, organization, partnership, trust, company or corporation as well as an individual. The present tense includes the future tense; the singular number includes the plural; and the plural number includes the singular. "Shall" is a mandatory requirement; "May" is a permissive requirement; and "Should" is a preferred requirement. "Used" or "occupied" includes the words "intended," "designed," or "arranged to be used or occupied." "Lot" includes "plot" or "parcel".
      (1)   "Alley" see "thoroughfare".
      (2)   "Block" means real property located within the City of Norwalk, bounded on all sides by a thoroughfare, or thoroughfares, or other natural or manmade boundaries and used or intended to be used for building purposes.
      (3)   "Board of Education" means the Board of Education for the respective school district in which a subdivision is located within the territorial jurisdiction of the Planning Commission.
      (4)   "Building line" see "setback line".
      (5)   "City" means the City of Norwalk, Ohio.
      (6)   "City Engineer" means Public Works Director of the City.
      (7)   "Planning Commission" means the Planning Commission for the City.
      (8)   "Comprehensive Development Plan" or "Comprehensive Plan", means a plan, or any portion thereof, adopted by the Planning Commission and Council showing the general location and extent of present and proposed physical facilities including housing, industrial and commercial uses, major streets, parks, schools and other community facilities. This Plan establishes the goals, objectives and policies of the community. Synonymous with "master plan."
      (9)   "Corner lot" see "lot types."
      (10)   "Council" means the Council of the City of Norwalk, Ohio.
      (11)    "County" means Huron County, Ohio.
      (12)   "Covenant" means a written pledge or promise.
      (13)   "Crosswalk" means a specially paved or marked path for pedestrians crossing a street, road, and/or private property.
      (14)    "Cul-de-sac" see "thoroughfare".
      (15)    "Culvert" means a transverse drain that channels under a street or driveway.
      (16)    "Dedication" means the intentional setting aside of certain land within a subdivision by the owner to public use. Usually these lands are for thoroughfares or easements, although they may be for parks or schools.
      (17)    "Density" means a unit of measurement; the number of dwelling units per acre of land.
         A.   "Gross density" means the number of dwelling units per acre of the total land to be developed.
         B.   "Net density" means the number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential uses.
      (18)    "Developer" means any individual, subdivider, firm, association, syndicate, partnership, corporation, trust or any other legal entity commencing proceedings under these Subdivision Regulations to effect a subdivision of land hereunder for himself or for another.
      (19)    "Driveway" means an area of land used for motor vehicular travel serving not more than three dwelling units.
      (20)    "Dwelling unit" means space, within a building, providing living, dining, sleeping and storage space, as well as space and equipment for cooking, bathing and toilet facilities, all used by only one family and its household employees.
      (21)    "Easement" means authorization by a property owner for the use of another for a specified purpose, of any designated part of his property.
      (22)   "Electronic version" means a CAD (computer aided drafting) file as acceptable per the Public Works Director.
      (23)    "Engineer" means any person registered to practice professional engineering by the State Board of Registration as specified in Ohio R. C. 4733.14, and any amendment thereto.
      (24)    "Final plat" means the map or set of maps which presents all of the engineering data required to construct the subdivision accurately, and which map or set of maps is signed by the Planning Commission and other appropriate officials or agencies and is recorded by the County Recorder as a permanent record.    The final plat contains all of the information required in Chapter 1113.
      (25)    "Floodplain" means that area of land adjoining a watercourse which is expected to be flooded as a result of a severe combination of weather and surface conditions.
      (26)    "Highway Director" means the Director of the Ohio Department of Transportation.
      (27)    "Improvements" means street pavement or resurfacing, curbs, gutters, sidewalks, water lines, sewer lines, storm drains, street lights, flood control and drainage facilities, utility lines, landscaping and other related enhancements normally associated with the development of raw land into building sites.
      (28)    "Land planner" means a professional who by virtue of training and/or experience, has expertise in designing the physical use of land by recognizing the natural environment and site resources in a way which molds man-made features with nature.
      (29)    "Location map" see "vicinity map".
      (30)    "Lot" means a parcel of land of sufficient size to meet minimum zoning requirements for use, coverage and area and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public thoroughfare and may consist of:
         A.    A single lot of record;
         B.    A portion of a lot of record; or
         C.    A combination of complete lots of record, of complete lots of record and portions of lots of record or of portions of lots of record.
      (31)    "Lot frontage" means the portion nearest the thoroughfare. For purposes of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to thoroughfares shall be considered frontage, and yards shall be provided as indicated in subsection (74) hereof, "yard".
      (32)    "Lot, minimum area of" means the area of a lot is computed exclusive of any portion of the right of way of any thoroughfare.
      (33)    "Lot measurements." A lot shall be measured as follows:
         A.    "Depth of lot" means the horizontal distance between the front and rear lot lines measured along the median between side lot lines.
         B.    "Width of lot" means the distance between side lot lines measured at the building setback line, provided however, that the width between side lot lines at their foremost points, where they intersect with the right-of-way line, shall not be less than seventy percent (70%) of the required lot width.
      (34)    "Lot of record" means a lot which is part of a subdivision record in the office of the County Recorder, or a lot or parcel described by metes and bounds, the description of which has been so recorded.
      (35)    "Lot split" see "minor subdivision".
      (36)    "Lot types. " Reference to corner lots, interior lots and through lots is as follows:
         A.   "Corner lot" means a lot located at the intersection of two or more streets. A lot abutting on a curved thoroughfare or thoroughfares shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135 degrees.
         B.    "Interior lot" means a lot other than a corner lot with only one frontage on a thoroughfare.
         C.    "Through lot" means a lot other than a corner lot with frontage on more than one thoroughfare. Through lots abutting two thoroughfares may be referred to as double frontage lots; however, through lots are to be discouraged and only allowed in extremely unusual situations or topographic conditions.
         D.    "Reversed frontage lot" means a lot on which frontage is at right angles or directly opposite to the general pattern in the area. A reversed frontage lot may be a corner lot or a through lot.
      (37)    "Map" means a graphic description of a parcel of realty or a subdivision plan designating metes and bounds, giving courses, boundaries and extent and shall be the product or result of a field survey by a surveyor.
      (38)    "Minor subdivision" means a division of a parcel of land that does not require a plat to be approved by a planning authority according to Ohio R.C. 711.131. Synonymous with "lot split".
      (39)    "Monuments" means permanent concrete or iron markers used to establish definitely all lines of the plat of a subdivision, including all lot corners, boundary line corners and points of change in thoroughfare alignment.
      (40)    "Open space" means an area open to the sky which may be on the same lot with a building. The area may include, along with the natural environmental features, swimming pools, tennis courts and any other recreational facilities that the Planning Commission deems permissible. Thoroughfares, structures for habitation and the like shall not be included.
      (41)    "Out lot" means property shown on a subdivision plat outside of the boundaries of the land which is to be developed and which is to be excluded from the development of the subdivision.
      (42)    "Owner" means any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under these Subdivision Regulations.
      (43)   "Pad" means a building site prepared by artificial means, including, but not          limited to, grading, excavation, filling or any combination thereof.
      (44)   "Parcel" means any piece of land described by a current deed.
      (45)   "Parking space, off-street" means an area adequate for parking an automobile with room for opening the doors on both sides, together with properly related access to a public thoroughfare and maneuvering room, but shall be located totally outside of any thoroughfare right of way.
      (46)   "Pavement" see "roadway".
      (47)   "Performance bond" or "surety bond" means an agreement by a subdivider or developer with the City for the amount of the estimated construction cost guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by the subdivider's agreement.
      (48)   "Planned unit development" means an area of land, in which a variety of housing types and/or related commercial and industrial facilities are accommodated in a preplanned environment under more flexible standards, such as lot sizes and setbacks, than those restrictions that would normally apply under these Subdivision Regulations or the Zoning Ordinance. The procedure for approval of such development contains requirements in addition to those of the standard subdivision plat, such as building design principles and landscaping plans.
      (49)    "Planning officer" means the individual named by the Planning Commission or hired by the City to act on behalf of the City in planning matters. Such individual may administer the provisions of those Subdivision Regulations or the Zoning Ordinance or such other ordinances as may be pertinent to the development of the City. The Planning Commission, by a 5/7 majority vote, may delegate any of its authority to the Planning Officer pertaining to lot splits or minor subdivisions. The Planning Officer may receive requests to be transmitted to the Planning Commission and ascertain whether or not the requests are complete and correct, but shall not make any decisions other than those which are within his jurisdiction.
      (50)   "Plat" means a map of a tract or parcel of land prepared by a surveyor, which shall specifically describe the streets, alleys, commons or public grounds and all inlets, outlets and fractional lots within such tract or parcel of land.
      (51)   "Preliminary plat" means the map or set of maps which presents the proposed subdivision design, along with all of the information required in Chapter 1113, which enables the Planning Commission to accurately review the proposal.    Approval of the preliminary plat entitles the developer to prepare a final plat for construction and recording of the subdivisions.
      (52)   "Public" means anything dedicated to or belonging to any governmental authority which is declared to be available for or open to common use by the people at large.
      (53)   "Public way" means an alley, avenue, boulevard, bridge, channel, ditch, easement, expressway, freeway, highway, land, parkway, right of way, road, sidewalk, street, subway, tunnel, viaduct, walk or other ways in which the general public or a public entity have a right or which are dedicated, whether improved or not.
      (54)    "Public Works Director" means the City of Norwalk's Director of Public Works and may also be the "City Engineer".
      (55)    "Regional Planning Commission" means the Huron County Regional Planning Commission.
      (56)   "Reproducible tracing" means a drawing from which a print may be directly taken.
      (57)    "Reserves" means parcels of land within a subdivision that are intended for future use.
      (58)   "Right of way" means a strip of land taken or dedicated for use as a public way.    In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks, lighting and drainage facilities and may include special features, required by topography or treatment, such as grade separations, landscaped areas, viaducts and bridges.
      (59)    "Roadway" means the portion of a thoroughfare which is normally paved or at least improved to accommodate vehicular traffic movements and where curbs are laid, it is that portion between the curbs.
      (60)    "Setback line" means a line established by the Zoning Ordinance, generally parallel with and measured from the front lot line (thoroughfare right-of-way line), defining the limits of the front yard in which no building or structure may be located above ground except as may be provided in the Zoning Ordinance.
      (61)    "Sewers, central or group" means an approved sewage disposal system which provides a collection network and disposal system and central sewage treatment facility for a single development, community or region.
      (62)    "Sewers, on-site" means a septic tank or similar installation on an individual lot    which utilizes an aerobic bacteriological process or equally satisfactory process for the elimination of sewage and provides for the proper and safe disposal of the effluent, subject to the approval of health and sanitation officials having jurisdiction.
      (63)    "Sidewalk" means that portion of the thoroughfare right of way outside of the roadway, which is improved for the use of pedestrian traffic.
      (64)    "Sketch plan" means a drawing, which may or may not be drawn to scale, which illustrates a proposed development. Such drawing may be submitted informally to the Planning Commission prior to formal submission of a preliminary plat in order to explore the possibilities of the particular development in the particular location. This would be the pre-application sketch. Sketch plan also may refer to a drawing illustrating the transfer of land between property owners when no plan is required under Ohio R. C. 711.131.
      (65)    "Subdivider" see "developer".
      (66)   "Subdivision" means:
         A.   The division of any parcel of land shown as a unit or as contiguous units on the last preceding tax roll, into two or more parcels, sites or lots, any one of which is less than five acres for the purpose, whether immediate or future, of transfer of ownership, provided, however, that the division or partition of land into parcels of more than five acres not involving any new streets or easements of access, and the sale or exchange of parcels between adjoining lot owners, where such sale or exchange does not create additional building sites, shall be exempted; or
         B.   The improvement of one or more parcels of land for governmental, residential, commercial or industrial structures or groups of structures involving the division or allocation of land for the opening, widening or extension of any private or public street or streets except private streets serving industrial structures or driveways; the division or allocation of land as open spaces for common use by owners, occupants or lease holders, or as easements for the extension and maintenance of public sewer, water, storm drainage or other public facilities. See "minor subdivision".
      (67)    "Subdivision Regulations" or "these Regulations" as used in Title Three of this Part Eleven - Planning and Zoning Code means Ordinance 73-49, passed July 17, 1973, as amended.
      (68)    "Surveyor" means any person registered to practice surveying by the State Board of Registration as specified in Ohio R.C. 4733.14 and any amendment thereto.
      (69)    "Terrain classification." Terrain within the territorial jurisdiction of the Planning Planning Commission is classified as level, rolling, hilly or hillside for street design purposes. The classifications are as follows:
         A.    "Level" means that land which has a cross slope range of four percent (4%) or less.
         B.    "Rolling" means that land which has a cross slope range of more than four percent (4%) but not more than eight percent (8%).
         C.    "Hilly" means that land which has a cross slope range of more than eight percent (8%) but not more than fifteen percent (15%).
         D.    "Hillside" means that land which has a cross slope range of more than fifteen percent (15%).
      (70)    "Thoroughfare" means a street, road, avenue, alley, boulevard, parkway, expressway, freeway, drive, circle, lane, court, place or way and is the full width between property lines bounding every public way, of whatever nature, with a part thereof to be used for vehicular traffic and designated as follows:
         A.   "Alley" means a minor thoroughfare used primarily for vehicular service access to the back or side of properties abutting on a principal thoroughfare.
         B.    "Interstate" and "intercounty routes."
            1.    "Major arterial thoroughfare" means thoroughfares designed to carry heavy loads and large volumes of traffic which by virtue of their location, continuity and width move traffic to and from the community.
            2.    "Minor arterial thoroughfare" means thoroughfares designed to carry heavy loads and large volumes of traffic which by virtue of their location and width move traffic around and across the community.
         C.    "Intracounty" and "intracommunity thoroughfares".
            1.    "Major collector thoroughfares" means thoroughfares which serve major segments of the community such as the central business district and which provide traffic routes between the arterial routes and the minor collectors.
            2.    "Minor collector thoroughfares" means thoroughfares, whether within a residential, commercial, industrial or other type of development, which primarily carries traffic from local thoroughfares to major collectors or arterials, including the principal entrance and circulation routes within residential subdivisions.
         D.    "Local thoroughfares" means a thoroughfare primarily for providing access to abutting properties, usually residential although access may be to neighborhood commercial uses or light industrial areas.
            1.    "Cul-de-sac" means a local thoroughfare of relatively short length with one end open to traffic and the other end terminating in a vehicular turnaround.
            2.    "Loop thoroughfare" means a local thoroughfare, each end of which terminates at an intersection with the same collector or local thoroughfare, and whose principal radius points of the 180 degree system of turns are not more than 1,000 feet from the collector or local thoroughfare, nor normally more than 600 feet from each other.
         E.    "Marginal access thoroughfare" means a local or collector thoroughfare    parallel and adjacent to arterial or major collector routes providing access to abutting properties and which intercepts, collects or distributes traffic desiring to cross, enter or leave the major traffic arteries.
         F.    "Dead-end thoroughfare" means a thoroughfare temporarily having only one outlet for vehicular traffic and intended to be extended or continued in the future.
      (71)    "Variance" means a modification of the strict terms of the relevant regulations where such modification shall not be contrary to the public interest and where owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of the regulations would result in unnecessary and undue hardship.
      (72)    "Vicinity map" means a drawing located on the plat which sets forth by              dimensions or other means the relationship of the proposed subdivision or use of other nearby developments or landmarks and community facilities and services within the jurisdictional area of the City in order to better locate and orient the area in question.
      (73)    "Watershed" means that area measured in the horizontal plane, enclosed by a topographic divide from which direct surface runoff from precipitation normally drains by gravity.
      (74)    "Yard" means a required open space other than a court unoccupied and              unobstructed by any structure or portion of a structure from three feet above the general ground level of the graded lot upward, provided accessories, ornaments and furniture may be permitted in any yard, subject to height limitations and requirements limiting obstruction of visibility. Type of yards are as follows:
         A.    "Front yard" means a yard extending between side lot lines across the front of a lot and from the front lot line to the front of the principal building.
         B.    "Rear yard" means a yard extending between the side lot lines across the rear of a lot and from the rear lot line to the rear of the principal building.
         C.    "Side yard" means a yard extending from the principal building to the side lot line on both sides of the principal building between the lines establishing the front and rear yards.
      (75)    "Zoning Ordinance" means the Zoning Ordinance of the City of Norwalk.
         (Ord. 2011-008. Passed 3-15-11.)
 
 
 

1113.01 PREAPPLICATION MEETING AND SUGGESTED DATA.

   (a)    The subdivider shall meet with the Planning Officer or the Planning Commission prior to submitting the preliminary plat, unless such meeting shall be waived by the Planning Commission in view of the subdivider's prior familiarity with the City's Plans and Regulations. Such meeting should be early in the planning of new developments and it is intended to be informal and is designed to discuss the purpose and effect of these regulations and the criteria and standards herein. Such meeting should familiarize the subdivider with the Comprehensive Plan, The Engineering Standards for Infrastructure Construction, the Parks and Public Open Space Plan, the Zoning Ordinance and the drainage, sewerage and water systems in the City. The subdivider should also at this meeting become aware of the many other agencies involved in the platting process and obtain an appreciation of the sequence of events leading up to final approval.
   (b)    In the event the subdivider attends a preapplication meeting and obtains this advice and assistance, then he shall present a sketch plan of the proposed subdivision at that meeting. This plan may be in pencil and need not be drawn precisely to scale, but it should include the following information:
      (1)    The proposed subdivision in relation to existing zoning and community facilities, such as thoroughfares and other transportation modes, shopping centers, manufacturing establishments, residential developments and existing natural or man-made features such as soil types, vegetation, contours and utilities in the vicinity.
      (2)    The proposed layout of thoroughfares, lots and the sites for different types of land uses and the approximate acreage to be devoted to the various uses.
      (3)    The location of utilities in the proposed subdivision, if available, or the locations of the nearest sources for water and public facilities for the disposal of sewage and storm water.
      (4)    The approximate scale, the title of the subdivision, a north arrow, the date, the name, address and phone number of the owners and subdivider.
      (5)   That Norwalk Codified Ordinances Section 905.05 has or will be complied with by the subdivider.
         (Ord. 2011-008. Passed 3-15-11.)

1113.02 PRELIMINARY PLAT REQUIRED.

   (a)   After the preapplication stage, or if the subdivider is not required to comply with that stage, the subdivider shall submit a preliminary plat of the proposed subdivision which shall conform with the requirements of this section. The preliminary plat shall be prepared by or under the supervision of a qualified land planner, surveyor, engineer or other similar qualified professional or a team of these professionals. The preliminary plat is intended to provide all information in sufficient detail required by these Subdivision Regulations to enable a determination of whether the subdivision meets the requirements for lots, thoroughfares and services.
   (b)    The preliminary plat shall be filed not less than fifteen days prior to a regularly scheduled Planning Commission meeting. A written application requesting tentative approval of the preliminary plat, together with up to nine copies of the preliminary plat and the supplementary information required by subsection (f) hereof, shall be submitted to the Planning Officer. During the period prior to the Planning Commission meeting when the subdivision is to be considered, the Planning Officer will coordinate the requirements of the appropriate public agencies by sending a copy of the preliminary plat to each for their review and recommendations. In this manner, the Planning Commission will have these recommendations relative to the plat at the time it reviews the proposal.
   (c)    Before any plat is approved affecting any land within three hundred feet of the centerline of a proposed new State or federal highway or of a highway for which changes are proposed as described in the certification to local officials by the Ohio Department of Transportation Director of any land within a radius of 500 feet from the point of intersection of the centerline with any public thoroughfare, the Planning Commission shall give notice, by registered or certified mail to the Transportation Director. The Planning Commission shall not approve the plat for 120 days from the date the notice is received by the Transportation Director. If the Transportation Director notifies the Planning Commission that he shall proceed to acquire the land needed, then the Planning Commission shall refuse to approve the plat. If the Transportation Director notifies the Planning Commission that acquisition at this time is not in the public interest or upon the expiration of the 120 day period or any extension thereof agreed upon by the Transportation Director and the property owner, the Planning Commission shall, if the plat is in conformance with all provisions of these Subdivision Regulations, approve the plat.
   (d)    The preliminary plat shall be drawn at a scale not less than 100 feet to the inch and shall be on one or more sheets twenty-four inches by thirty-six inches in size.
   (e)    The preliminary plat shall contain the following information:
      (1)    Proposed name of the subdivision, which shall not duplicate or closely approximate the name of any other subdivision in the City.
      (2)    Location by section, range, and township or other surveys.
      (3)    Names, addresses and phone numbers of the owner, subdivider and engineer, surveyor, land planner or professional who prepared the plat.
      (4)    Date of survey, scale of the plat and north arrow.
      (5)    Boundaries by metes and bounds of the subdivision and its acreage.
      (6)    Names of adjacent subdivisions, owners of adjoining parcels of unsubdivided land and the location of their boundary lines.
      (7)    Locations, widths and names of existing thoroughfares, railroad rights of way, easements, parks, permanent buildings and corporation and township lines; location of wooded areas and other significant topographic and natural features within and adjacent to the plat for a minimum distance of 200 feet.
      (8)    Zoning classification of the tract and adjoining properties and a description of proposed zoning changes, if any.
      (9)    Existing contours at an interval of not greater than two feet if the slope of the ground is four percent (4%) or less; and not greater than five feet where the slope of the ground is more than four percent (4%).
      (10)    Existing sewers, water lines, culverts and other underground structures and power transmission poles and lines within and adjacent to the tract.
      (11)    Location, names and widths of proposed thoroughfares and easements.
      (12)    Building setback lines with dimensions.
      (13)    Location and dimensions of all proposed utility and sewer lines, showing their connections with the existing system.
      (14)    Layout, numbers and approximate dimensions of each lot. When a lot is located on a curved thoroughfare or when side lot lines are not at ninety degree angles, the width at the property lines shall be shown.
      (15)    Parcels of land in acres to be reserved for public use or to be reserved by covenant for residents of the subdivision.
      (16)    A vicinity map at a scale of not less than 2,000 feet to the inch shall be shown on, or accompany, the preliminary plat. This map shall show all existing subdivisions, thoroughfares and tract lines. It shall also show the most advantageous connections between the thoroughfares in the proposed subdivision and those of the neighboring areas.
   (f)   The following information shall be supplied in addition to the requirements in subsection (e) hereof.
      (1)    Statement of proposed uses of lots, giving type and number of dwelling units and type of business or industry.
      (2)    Location and approximate dimensions of all existing buildings.
      (3)    For commercial and industrial development, the location, dimensions and approximate grade of proposed parking and loading areas, all thoroughfares, pedestrian walks and the points of vehicular ingress and egress to the development.
      (4)    Description of proposed covenants and restrictions.
      (5)    The subdivider shall present his plans to the private utility companies which would be required to provide their service to the development for their review and a letter from each of these utilities, such as electric, telephone and gas, shall indicate their capability to provide the necessary service and any recommendations relative to the design arrangement of the plans.
      (6)   That Norwalk Codified Ordinances Section 905.05 has or will be complied with by the subdivider.
   (g)    The Planning Commission shall expect recommendations from such officials and agencies as may be necessary for proper servicing and development of the proposed subdivision. These shall include at least the Public Works Director and the Planning Commission's recommendations on the preliminary plat, in addition to the proper electric and telephone utility companies and any other officials or agencies who may be concerned with the particular subdivision proposal. After receipt of reports from such officials and agencies, the Planning 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. The Planning Commission shall act upon the preliminary plat within forty-five days after the subdivider has filed the plat with the Planning Officer in accordance with subsection (b) hereof unless such time is extended by agreement with the subdivider. When a preliminary plat has been approved by the Planning Commission, the chairman shall sign all copies and return one to the subdivider for compliance with final approval requirements. Approval of the preliminary plat shall be conditional upon compliance with all other applicable statutes, ordinances or other regulations of the City.
   (h)    The approval of the preliminary plat shall be effective for a maximum period of twelve months and shall guarantee that the terms under which the approval was granted shall not be affected by changes to these Regulations.
(Ord. 2011-008. Passed 3-15-11.)

1113.03 FINAL PLAT REQUIRED.

   (a)    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 to Council for first reading. The final plat shall have incorporated all changes in the preliminary plat required by the Planning Commission, and other responsible agencies. 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. The final plat and the supplementary information shall be prepared by a registered professional engineer.
   (b)    The final plat shall be filed with the Clerk of Council not later than twelve months after the date of approval of the preliminary plat; otherwise, the preliminary plat will be considered void unless an extension is requested by the developer and granted in writing by the Planning Commission. The final plat shall be filed not less than fifteen days prior to a regularly scheduled Council meeting.
   (c)    Six copies of the plat and the supplementary information shall be filed with the Clerk of Council.
   (d)    The final plat drawings and specifications or improvements shall be a set of construction and utility plans prepared by a registered professional engineer. The plans shall include typical sections, plans and profile views, construction details and estimates of quantities. All typical sections and major engineering details to be used on any particular thoroughfare shall be approved in advance by the Public Works Director before completion of the plans. Prior to the granting of approval of the final plat, the subdivider shall have installed the minimum required improvements and provided a twelve month guarantee of the construction and materials, or shall have furnished a surety or certified check for the amount of the estimated construction cost of the ultimate installation plus two percent (2%) of the total cost of the construction to guarantee the construction and materials of all improvements for a twelve month period after acceptance by the City. Before the surety is accepted by Council, it shall be approved by the proper administrative officials.
   (e)    The final plat shall be legibly drawn in waterproof ink on a permanent reproducible material. It shall be drawn at a scale not less than 100 feet to the inch, and shall be one or more sheets twenty-four inches by thirty-six inches in size. If more than one sheet is needed, each sheet shall be numbered and the relation of one sheet to another clearly shown.
   The final plat shall contain the following information:
      (1)    Name of the subdivision; location by section, range and township or by other survey number; date; north arrow; scale; and acreage.
      (2)    Name and address of the subdividers, and the professional engineer and/or registered surveyor who prepared the plat and appropriate registration numbers and seals.
      (3)    Plat boundaries, based upon accurate traverse, with angular and lineal dimensions. All dimensions, both angular and lineal shall be determined by an accurate control survey in the field which must balance and close within the limit of one in 10,000. All dimensions shall be to hundredths of a foot.
      (4)    Bearings and distances to nearest established thoroughfare lines or other recognized permanent monuments. All bearings shall be to the nearest second.
      (5)    Exact locations, right of way, and names of all thoroughfares within and adjoining the plat and building setback lines.
      (6)    Radii, internal angles, points of curvature, tangent bearings, lengths of arcs, and lengths and bearings of chords of all applicable thoroughfares within the plat area.
      (7)    All easements and rights of way provided for public services or utilities.
      (8)    All lot numbers and lines with accurate dimensions in feet and hundredths. When lots are located on a curve, the lot width at the building setback line shall be shown.
      (9)    Accurate location and description of all monuments as required by Section 1115.02.
      (10)    Accurate outlines of areas to be dedicated or reserved for public use, or any area to be reserved for the common use of all property owners. The use and accurate boundary locations shall be shown for each parcel of land to be dedicated.
      (11)    Certification by a registered surveyor to the effect that the plat represents a survey made by him and that the monuments shown thereon exist as located and that all dimensional details are correct.
      (12)    Notarized certification by the owner or owners of the adoption of the plat and the dedication of thoroughfares and other public areas.
   (f)    The following information shall be supplied in addition to the requirements of subsection (e) hereof:
      (1)    If a zoning change is involved, certification from the Zoning Inspector shall be required indicating that the change has been approved and is in effect. No construction shall be undertaken prior to approval of zoning changes if they are required.
      (2)    Certification shall be required showing that all required improvements have been either installed and approved by the proper officials or agencies, and that a bond or other surety has been furnished assuring installation and initial maintenance of the required improvements.
   (g)   Upon receipt of the final plat, Council shall refer the plat to the Planning Commission in accordance with Section 6.04 of the City Charter. The Planning Commission shall approve or disapprove the final plat within six weeks after its referral. If the plat is disapproved, the reasons for the disapproval shall be stated in the Planning Commission's minutes and a copy thereof forwarded to the subdivider. The Planning Commission shall not disapprove a final plat if the final plat is in compliance with these regulations and the subdivider has complied with all terms, conditions, standards and requirements imposed by these regulations, the Planning Commission and the approved preliminary plat, and has otherwise proceeded in accordance with these regulations. If the final plat is disapproved, the subdivider may make all necessary changes and corrections and resubmit the final plat to the Planning Commission within thirty days. If a final plat is disapproved by the Planning Commission, the plat, with such recommendation, shall be returned to Council in accordance with Section 6.04 of the City Charter.
   (h)   If the final plat is approved by the Planning Commission, the plat, with such recommendation, shall be returned to Council pursuant to Section 6.04 of the City Charter. Council shall then proceed to approve or disapprove the final plat and to accept dedication of any public ways, easements or utilities. Upon such approval and acceptance, the original tracing shall be returned to the subdivider who shall produce a duplicate reproducible tracing which shall include all signatures and certifications. The subdivider shall cause the original tracing to be filed in the office of the Recorder of Huron County, Ohio. The duplicate shall be filed with the office of the Public Works Director. An electronic version of the approved plat shall also be submitted by the subdivider to the developer.
(Ord. 2011-008. Passed 3-15-11.)

1113.04 APARTMENTS AND CONDOMINIUMS.

   Any tract or subdivision of land upon which apartments or condominiums are to be constructed or located shall meet the following minimum standards and regulations:
   (a)    Any condominium and/or apartment development shall not be contrary to any applicable State, County or City health regulation governing the location, layout, construction, drainage, sanitation, safety and operation of any apartment and/or condominium.
   (b)   Any apartment and/or condominium shall have a safe system of ingress and egress from a public thoroughfare and shall have an internal street, driveway, sidewalk and parking system of such width and design as to be safe, conducive to good traffic flow, and adequate in all other ways for the apartment and/or condominium proposed.
   (c)    All primary access roadways shall have a base and paved surfaces of adequate design for the use and location of same and shall be subject to approval of the Public Works Director.
   (d)    The provisions of Chapters 1113, 1114 and 1115 shall be adhered to.
   (e)    In addition to the information to be shown on the plats, as required herein, the plat, or additional drawings attached to the plat, shall indicate the following:
      (1)    The total area to be used for apartment and/or condominium purposes.
      (2)    Entrance and exit roadways, driveways and walkways.
      (3)    Parking areas and number of spaces.
      (4)    Locations of all multi-family buildings and number of living units.
      (5)    Locations of all multi-family accessory buildings.
      (6)    Locations of public and private recreation or service buildings and facilities.
      (7)    Swimming facilities including swimming pools and other bathing places.
      (8)    Method of storage, collection and disposal of solid waste.
   (f)   Setbacks for apartment complexes shall be as follows:
      (1)   30' perimeter between closest edge of building and property line.
      (2)   20' total side yard, between buildings
      (3)   50' total rear yard, between buildings
      (4)   20' front yard, edge of private roadway to face of building.
         (Ord. 2011-008. Passed 3-15-11.)

1113.05 DEDICATED RIGHTS OF WAY.

   (a)   All dedicated rights of way for street purposes shall be brought in legislative form before Council in accordance with the procedure set forth in the Norwalk Charter Section 6.04.
   (b)   Upon referral of any legislation pertaining to dedicated rights of way for street purposes by Council in accordance with the above procedure, the Planning Commission shall determine whether or not such dedication conforms to the Engineering Standards for Infrastructure Construction. (Ord. 2011-008. Passed 3-15-11.)

1113.06 MINOR SUBDIVISION.

   (a)   Approval of a minor subdivision may be granted by the Planning Commission if the proposed division of a parcel of land meets all of the following conditions:
      (1)   The proposed subdivision is located along an existing public thoroughfare and involves no opening, widening or extension of any thoroughfare;
      (2)   No more than five lots are involved after the original parcel has been completely subdivided;
      (3)   The proposed subdivision is not contrary to applicable subdivision or zoning regulations;
      (4)   The property has been surveyed and a plat and legal description of the property repared by a registered surveyor is submitted with the application, which shall be filed with the Planning Officer prior to the Planning Commission's next regularly scheduled meeting.
   (b)   The Planning Commission, at its next scheduled meeting after submission by the Planning Officer of the proposed minor subdivision or lot split, shall consider such proposed division and, act upon presentation of a conveyance for such parcel, shall stamp "Approved by the Planning Commission of the City of Norwalk, Ohio; no plat required" and the authorized representative of the Planning Commission shall sign the conveyance.
   (c)   Section 1113.01-1113.05 shall not apply to a minor subdivision.
(Ord. 2011-008. Passed 3-15-11.)
 
 
 
 

1114.01 INTENT.

   (a)    These design standards are intended to serve as a guide to sound land planning and improved subdivision design practices. Where the application of general design standards conflicts with unusual topographic or property characteristics, these standards may be modified at the discretion of the Planning Commission. Every proposed subdivision should take into consideration the preservation and enhancement of natural features of the property which include scenic potential, vegetative cover, cultural or historic features and other characteristics.
   (b)    If the Planning Commission finds that land proposed to be subdivided is unsuitable for subdivision development due to flooding, bad drainage, topography, soil conditions as shown in the Huron County Soil Survey, inadequate water supply, schools, transportation facilities and other such conditions which may endanger health, life or property; and, if from investigations conducted by the public agencies concerned, it is determined that in the best interest of the public the land should not be developed for the purpose proposed, the Planning Commission shall not approve the land for subdivision unless adequate methods are advanced by the subdivider for solving the problems that shall be created by the development of the land.
(Ord. 2011-008. Passed 3-15-11.)

1114.02 RELATIONSHIP TO COMPREHENSIVE DEVELOPMENT PLAN.

   Any proposed subdivision and its ultimate use shall be in conformance with the Comprehensive Plan as adopted by the Planning Commission. There shall be no encroachment upon any area designated in the Comprehensive Plan for future public use. Where such conflict appears and the land in question is otherwise suitable for subdividing, the Planning Commission, in concert with the affected public agency, shall determine whether or not the proposed public use should be preserved in the particular subdivision. The areas shall be reserved for an acquisition decision by the appropriate agency for a period of 120 days.
(Ord. 2011-008. Passed 3-15-11.)

1114.03 ACCESS MANAGEMENT.

   (a)    Regarding Access Management in general, all proposed subdivisions shall be subject to the City's Engineering Standards and ODOT State Highway Access Management Manual.
   (b)   Traffic Impact Study Requirements. A Traffic Impact Study (TIS) shall be required for all proposed subdivisions with public or private roads that will have access onto existing City and State roads and generate or have the potential to generate a full build-out design year average daily traffic volumes greater than or equal to 700 vehicles. Proposed subdivisions with private or public roads with access only to routes maintained by municipalities, villages, other incorporated areas, or the Ohio Department of Transportation, shall be subject to the requirements specified by the responsible jurisdiction.
   The TIS shall investigate the traffic effects of the proposed subdivision on the surrounding transportation facilities. The TIS shall include specific plans and proposals to eliminate, minimize, or mitigate any adverse traffic impacts on existing facilities.
   The TIS shall be conducted in conformance with the requirements of the most recent edition at the time of submittal of the Ohio Department of Transportation's State Highway Access Management Manual, except that the Public Works Director shall act as the reviewing and administrating authority in place of the Ohio Department of Transportation for all proposed subdivision access to non-state routes.
   The TIS shall include the following information, in addition to that required by the State Highway Access Management Manual:
      (1)   An executive summary or abstract, briefly discussing the nature of the development, any possible adverse traffic impacts, possible solutions, as well as recommended solutions.
      (2)   A table of contents.
      (3)   A full discussion in the body of the study describing the nature of the proposed development, potential adverse traffic effects, methods of analysis used, possible solutions, and the recommended courses of action.
      (4)   Plan views of the existing geometry of transportation facilities and major topographic features in the vicinity of the proposed subdivision.
      (5)   Plan views, to the same scale as subsection (b)(4) hereof, showing proposed improvements to existing facilities recommended to eliminate, minimize, and mitigate any adverse traffic impacts.
      (6)   All relevant data used in the analysis, including traffic counts, signal timing plans, survey data, etc.
      (7)   Reference citations. All information used in the report but taken from others' work, including governmental organizations and agencies, should be properly cited and referenced.
   The developer shall enter into an agreement with the City to provide all necessary funds and construction plans to minimize and mitigate any adverse traffic impacts and construct improvements to the existing, adjacent roadway facilities as defined, identified, and recommended by the TIS. If the developer cannot provide the necessary plans and funds for such actions, the Public Works Director shall not recommend the proposed subdivision for approval.
(Ord. 2011-008. Passed 3-15-11.)

1114.04 THOROUGHFARES.

   The arrangement, character, extent, width, grade and location of all thoroughfares shall conform to the Comprehensive Plan as adopted by the Planning Commission and shall be considered in their relation to existing and planned thoroughfares, to topographic conditions, to public convenience and safety and in their appropriate relation to the proposed uses of the land to be served by such thoroughfares.
(Ord. 2011-008. Passed 3-15-11.)

1114.05 RIGHT-OF-WAY WIDTHS.

   (a)    There shall be no private thoroughfares platted in any subdivision.
   (b)   Rights of Way widths for subdivisions shall be no less than 60 feet.
   (c)    Partial thoroughfares shall be prohibited, except where unusual circumstances make it essential to the reasonable development of a tract in conformance with these Subdivision Regulations and where satisfactory assurance for dedication of the remaining part of the thoroughfare is provided. Whenever a tract to be subdivided borders on an existing half or partial thoroughfare, the other part of the thoroughfare shall be dedicated within such tract.
(Ord. 2011-008. Passed 3-15-11.)

1114.06 ALLEYS AND CROSSWALKS.

   (a)   Alleys shall be prohibited in subdivisions within single-family or two-family districts unless warranted by special or unique conditions.
      (1)   The Planning Commission may require that alleys be provided in subdivisions where the intended use is for multiple dwellings, commercial or industrial purposes, unless other definite provisions are made for service access, off-street loading and parking.
      (2)   Dead-end alleys are prohibited unless unavoidable because of special physical conditions. If permitted, dead-end alleys shall be provided with adequate turn-around facilities for service trucks, as determined by the Planning Commission.
   (b)   Crosswalks may be required where in the judgment of the Planning Commission they are necessary to provide access to schools, parks, shopping centers or other community facilities. (Ord. 2011-008. Passed 3-15-11.)

1114.07 EASEMENTS AND UTILITY IMPROVEMENTS.

   All easements for public and private utilities and storm water management facilities shall comply with the following requirements.
   (a)   Where public utilities are to be adjacent to and parallel with the proposed roadway, an easement, no less than ten (10) feet in width, parallel and adjacent to the proposed right-of-way, shall be provided on each side of said right-of-way.
   (b)   Where utilities are not adjacent to nor parallel with a proposed roadway, an easement not less than 20 feet wide shall be provided for such utilities. Such easements should be centered on side or rear lot lines.
   (c)    Where private utilities are to be adjacent to and parallel with the proposed roadway, an easement no less than ten (10) feet in width shall be provided parallel and adjacent to each proposed public utility easement. When no public utility easement is present or proposed, said private utility easement may be adjacent to the proposed right-of-way.
   (d)   Easements shall be provided for every open channel and storm water management facility, as per the requirements.
No private utility shall be permitted to occupy any right-of-way or public utility easement, nor shall any public utility be permitted to occupy any private utility easement, except as needed for crossovers, laterals, and to ensure the continuity of the respective utility system.
The purpose of each easement shall be clearly indicated on the construction plans and the final plat.
   (e)   The costs for installation of street lighting in subdivisions shall be the responsibility of the developer, also:
      (1)    All street lights must be compatible with the local electric provider's equipment for maintenance purposes. All fixtures shall be the most efficient fixtures available as approved by the local electric provider and the Public Works Director.
      (2)    Spacing of the lights in a subdivision shall be established by the local electric provider with the approval of the Public Works Director. Lighting shall be spaced evenly so as to provide adequate illumination for the adjacent roadway.
   (f)   Electric, and/or communication lines shall be placed underground in the same utility easement, the following provisions shall be applicable:
      (1)    The total easement width shall be not less than twenty feet; and
      (2)    This easement shall be outside the dedicated Right of Way.
         (Ord. 2011-008. Passed 3-15-11.)

1114.08 BLOCKS.

   Blocks intended for residential, commercial or industrial use shall be designed specifically for such purposes and shall be of such length and width as may be considered most suitable for their intended use. (Ord. 2011-008. Passed 3-15-11.)

1114.09 LOTS.

   The lot size, width, depth, shape and orientation shall be appropriate for the location and contemplated use of the subdivision but in no case shall any of the lot dimensions, building setback lines or lot area requirements be less than the minimum specified in the Zoning Ordinance for the particular district in which the subdivision is located.
   (a)   All lots shall conform to the current zoning regulations in effect at the time the final plat is submitted to the Planning Commission.
   (b)   Each lot shall have frontage on an improved road.
   (c)   Triangular lots shall not be permitted.
   (d)   Lots shall be numbered using consecutive natural numbers in accordance with Chapter 1305.
   (e)   Lots with double frontage should be avoided or minimized.
   (f)   Lots should be as nearly rectangular as possible.
   (g)   All side lot lines should be straight lines and approximately perpendicular to the centerline of the street on which such lot fronts.
   All intersections of lot lines shall be monumented in accordance with Chapter 4733-37 of the Ohio Administrative Code, Minimum Standards for Boundary Surveys.
(Ord. 2011-008. Passed 3-15-11.)

1114.10 RECREATION AND OPEN SPACES.

   (a)    A goal of the Norwalk Comprehensive Development Plan is to encourage the development of recreation space and preserve natural features (see Chapter 183). In accepting land dedicated for park or recreation use, the City shall assume responsibility for maintenance.
   (b)    In addition, dedication of greenbelts or buffer parks may be required by the Planning Commission in areas where they are desirable to separate and protect residential subdivisions from adjacent commercial developments, highways, streets, and railroads or any residentially incompatible uses.
(Ord. 2011-008. Passed 3-15-11.)

1114.11 STREET DIMENSIONAL SCHEDULE.

   (a)    General - See Engineering Standards for Infrastructure Construction.
   (b)   Design Traffic Flow and Level of Service. The geometric design of each roadway facility shall allow efficient movement of both the average daily traffic volume and the design hourly volume of the proposed subdivision.
   The design traffic flow shall be the peak hourly volume projected 20 years from full subdivision build-out or completion.
   The minimum level of service permitted on any roadway facility shall be subsection (c) hereof.
   Design traffic flows shall be determined using the current edition at the time of plan submittal of Trip Generation, by the Institute of Transportation Engineers. Selected trip generation rates have been reproduced by permission of the Institute of Transportation Engineers.
   The capacity and level of service of each roadway facility shall be calculated using the methods specified by the current edition, at the time of plan submittal, of the Transportation Research Board's Highway Capacity Manual.
   All traffic flow, capacity, level of service, and related calculations shall be provided by the developer to the Public Works Director for review. The Public Works Director may waive the requirements of this section, in writing, based on the scope and nature of the proposed subdivision.
   (c)   Design Speed. The design speed for each road in the proposed subdivision as classified by ODOT and the Ohio Revised Code.
 
Roadway Classification
Design Speed (MPH)
Residential
25
Collector
35
   (d)   Design Stopping Sight Distance. All roads shall meet or exceed the design stopping sight distance requirements shown below.
 
Design Speed (MPH)
Design Stopping
Sight Distance (Feet)
25
155
35
250
 
(Ord. 2011-008. Passed 3-15-11.)

1114.12 SPECIFICATIONS AND STANDARDS.

   (a)   General - Unless otherwise specified by the City, the City's Engineering Standards for Infrastructure Construction shall supersede any other design standards. Outside of the City Standards and supplemental specifications, ODOT design standards shall be followed on all public infrastructure construction.
   (b)   Construction. The Construction and Material Specifications dated January 1, 2007, and issued by the Ohio Department of Transportation (ODOT), except as modified, revised, or replaced by supplemental specifications as may be issued by ODOT and the Public Works Director, shall govern the making of all improvements required by these Regulations.
   (c)   Standard Drawings. All subdivision detail designs shall comply with the current edition at the time of plan submittal of the Standard Construction, Traffic, and Bridge Drawings (Standard Drawings) issued by the Ohio Department of Transportation, except as otherwise provided for by the specifications of these Regulations and any supplemental specifications as may be issued by ODOT and the Public Works Director.
   (d)   Geometric Design. Thoroughfares shall intersect one another at right angles or as nearly at right angles as conditions permit. No thoroughfare shall intersect another at an angle of less than eighty degrees.
      (1)    "T" intersections of local thoroughfares are to be encouraged.
      (2)   Multiple intersections involving the junction of more than two thoroughfares shall be prohibited.
      (3)   Local thoroughfares intersecting with a major thoroughfare shall have a tangent section of center line not less than fifty feet in length.
      (4)   Property lines at thoroughfare intersections shall be rounded with a radius of ten feet, or of a greater radius where the Planning Commission may deem necessary. The Planning Commission may permit comparable cut-off or chords in place of rounded corners.
   (e)    Names of new thoroughfares shall not duplicate, or be similar to, existing dedicated thoroughfares. New streets which are extensions of or in alignment with existing thoroughfares shall bear the name of the existing thoroughfares. All new thoroughfares shall end with one of the following: Avenue, Street, Road, Drive, Court, Place, Way, Lane or Circle. Names shall be in compliance with Section 903.02.
      (1)   Thoroughfares serving business developments and accessory parking areas shall be planned to connect with arterial thoroughfares so as not to generate traffic on local or residential thoroughfares. The Planning Commission may require marginal access thoroughfares to provide maximum safety and convenience.
      (2)   For design requirements, procedures, specifications, and guidelines not described or otherwise set forth in these Regulations or the City's Engineering Standards, the design of the proposed subdivision shall be governed by the current edition at the time of plan submittal of the Location and Design Manual, Volume 1: Roadway Design (henceforth, Location and Design Manual) issued by the Ohio Department of Transportation.
   (f)   Traffic Control. All traffic control requirements, procedures, specifications, and guidelines not described or otherwise set forth in these Regulations shall be governed by the current edition at the time of plan submittal of the Ohio Manual of Uniform Traffic Control Devices (MUTCD). (Ord. 2011-008. Passed 3-15-11.)
 
 
 
 

1115.01 GENERALLY.

   In order to provide for a healthful, clean and desirable environment, the installation of certain public utilities is required. It shall be the responsibility of the subdivider of every proposed subdivision to have prepared by a registered professional engineer, a complete set of construction plans, including profiles, cross-sections, specifications and other supporting data for the hereinafter required public streets, utilities and other facilities. All construction plans shall be prepared in accordance with the following public improvement standards or specifications, including the Engineering Standards for Infrastructure Construction, including all updates.
(Ord. 2011-008. Passed 3-15-11.)

1115.02 MONUMENTS, MARKERS, PINS.

   Monuments, markers and pins shall be provided pursuant to Ohio R.C. Chapter 711.03. The cost of the monuments shall be included in the cost of improving the streets and performance bonds will not be released until after the monument(s) have been placed.
   (a)   Control and Centerline Monumentation.
      (1)   Control. The design proposed subdivision shall reference existing horizontal and vertical control points established by County, State, and Federal agencies. All elevations shall reference United States Geological Survey elevations on established benchmarks.
      (2)   Centerline Monumentation. Monument boxes of type conforming to the standard drawings of the Public Works Director shall be placed along road centerlines at the following locations:
         A.   All intersections of major road centerlines.
         B.   All terminations of road centerlines.
         C.   All changes in horizontal centerline alignment.
         D.   All centers of cul-de-sac turn-around rights-of-way.
            (Ord. 2011-008. Passed 3-15-11.)

1115.03 GRADING AND EXCAVATION.

   Each block of a subdivision, or part thereof, shall be graded and excavated by the subdivider so that the surface water of each lot will drain onto a thoroughfare, into a storm sewer or into a natural drainageway. All developments are expected to make a minimal impact on the storm water system so as to keep as much storm water runoff within the development as possible. The cost of the grading shall be included in the cost of improving the street and performance bonds shall not be released. (Ord. 2011-008. Passed 3-15-11.)

1115.04 THOROUGHFARES.

   Full thoroughfare improvements including adequate subgrade preparation, hard surfacing, curb and gutter shall be required in every subdivision in conformance with the City's Engineering Standards. (Ord. 2011-008. Passed 3-15-11.)

1115.05 SIDEWALKS AND CROSSWALKS.

   (a)   Sidewalks shall be required on both sides of all local thoroughfares where they are deemed to be essential to pedestrian movement and safety by the Planning Commission.
   (b)   Sidewalks shall be constructed in accordance with Section 905.05. 
   (c)    At the discretion of the Planning Commission, crosswalks shall be provided and dedicated to public use where necessary to afford good pedestrian circulation within a neighborhood, particularly in connection with access to schools and parks.
   (d)   All sidewalks, crosswalks, curb ramps, and pedestrian landings shall comply with the current ADA specifications for such facilities at the time of plan submittal.
(Ord. 2011-008. Passed 3-15-11.)

1115.06 WATER AND SANITARY SEWAGE DISPOSAL.

   (a)   Public Water and Sanitary Sewage Disposal Systems. In the event a public water supply and a public sanitary sewage disposal system can reasonably be made available by the extension and construction of water mains and sanitary sewers, the developer shall be required to provide such utilities. The design of such utilities, together with the preparation of drawings and the construction thereof, shall be done under the supervision and direction of the Public Works Director inside the corporation limits in accordance with the current rules, regulations, specifications and procedures on file in the office of the Public Works Director. Anyone connecting to the City's Water Distribution or Sewer Collection system shall follow all rules, regulations, procedures, standards and specifications set forth by the City of Norwalk.
   (b)    Private Water and Sanitary Sewage Disposal Systems.
      (1)    In the event a public water supply and a public sanitary sewage disposal system cannot reasonably be made available, the developer shall submit proof satisfactory to the Public Works Director that the appropriate Board of Health has approved the sources of water for domestic use and the means of sanitary sewage disposal that shall be provided.
      (2)    If the subdivision is to consist of more than twenty-five dwellings, the subdivider shall provide an acceptable community sewage disposal system which is to discharge into a satisfactory outlet as determined by the Huron County Board of Health and the Public Works Director and the Ohio Environmental Protection Agency.
      (3)    A subdivision of more than twenty-five homes is not to be approved if it cannot be served by a public sanitary sewer or a community sewage disposal system. The installation of septic tanks and private disposal methods may be permitted for a subdivision of not more than twenty-five dwellings in accordance with the prescribed rules of the Huron County Board of Health, except where two or more subdivisions with a total of at least twenty-five dwellings are being planned contiguous to one another and construction shall be carried on at or nearly at the same time. In that event, an acceptable community sewage disposal system shall be constructed to serve the two or more subdivisions. Individual sewage disposal facilities and the installation of septic tanks and disposal fields shall be subject to the uniform home sewage disposal regulations adopted by the Huron County Board of Health for the Huron County Health District.
      (4)   When the Public Works Director determines a lift station is needed, costs will be assumed by the Developer.
   (c)    Plans and Specifications. In the event that a community type of sewage treatment or water purification plant or both are deemed necessary by the Board of Health, the plans and specifications for these facilities shall be approved by the Public Works Director, and the construction of the facilities shall be done under the supervision and direction of the Public Works Director. If deemed advisable by the Public Works Director, the complete construction of such utilities may be required prior to the sale of one or more parcels in the subdivision or a guarantee of public improvements may be substituted in accordance with Section 1115.14 of these Subdivision Regulations. The design of water mains and sanitary sewers, together with the preparation of drawings and the construction thereof, shall be approved by the Public Works Director, and in accordance with the current rules, regulations, specifications and procedures adopted by the City of Norwalk.
   (d)   All subdivisions and re-subdivisions shall be subject to the water and sewer by-laws. (Ord. 2011-008. Passed 3-15-11.)

1115.07 FIRE PROTECTION.

   Fire hydrants shall meet City standards and be provided by the subdivider in all subdivisions with public water supplies.
   (a)    The hydrants should be located between property lines and curbs with all outlets facing or parallel to the street.
   (b)    Hydrants shall be placed at the corners of all blocks and at a maximum spacing of 400 feet. Hydrants shall also be required at the end of all noncirculating waterlines.
   (c)    The type of hydrant and control valves and the location of the hydrant shall be approved by the Public Works Director.
   (d)    The size and location of water lines shall be approved by the Public Works Director. (Ord. 2011-008. Passed 3-15-11.)

1115.08 STORM WATER MANAGEMENT AND EROSION CONTROL.

   All storm water management and erosion control facilities shall comply with the requirements at the time of plan submittal of the current City of Norwalk Engineering Standards.
   (a)    Developer to Provide Complete Facilities. The developer shall provide the area within the proposed subdivision with facilities to ensure complete and adequate drainage as required by the Standards. All storm water runoff originating within the proposed subdivision shall be conducted to detention facilities within the subdivision and then discharged into natural receiving waters or watercourses in compliance with the Standards.
   (b)   Closed System Needed If No Curbs and Gutters. In proposed subdivisions in which curbs and gutters are waived, all roadside swales and ditches shall drain into a closed system.
   (c)   Easements Required for Storm Water Facilities. Any storm water management facility not contained within existing or proposed dedicated rights-of-way shall be contained within easements dedicated for inspection purposes as part of the subdivision plat; such easements shall be clearly shown on the plat.
The developer shall provide easements to allow for access by the City to only the inlet and outlet portions of any detention facility designed to permanently impound water. The developer shall provide the Public Works Director with provisions for the future maintenance of the actual detention facility. Such provisions must be acceptable to the Public Works Director before they shall be approved by the Planning Commission.
   (d)   Developer to Clean All Existing Open Channels. Existing open channels through the proposed subdivision shall be cleaned as necessary to allow for free and unobstructed flow of water through the subdivision. Existing open channels through the proposed subdivision shall also be cleaned to allow for free and unobstructed flow from existing and proposed storm sewer outlets. The determination will be made by the Public Works Director during the review of the construction drawings as to the extent of cleaning necessary.
   (e)   Soil Erosion Requirements. The developer shall not at any time cause or allow sediment from the proposed subdivision to be deposited into an open waterway, roadway or onto an adjoining property. Adequate controls of soil erosion and sedimentation, in compliance with the Standards, shall be used during all phases of construction.
   (f)   Design Requirements Specifications.
      (1)    The design and construction of all storm water management facilities shall comply with the requirements of the Standards and the Location and Design Manual, Volume 2: Drainage Design, of the Ohio Department of Transportation. Free-surface and open channel flow analysis shall use the Manning equation.
Closed storm water conduit located within public highway easements, road rights-of-way, and/or classified as main collector shall be reinforced concrete pipe of appropriate type as specified in ODOT Item 603, and, along with all other storm water facilities, materials, and appurtenances, shall conform to all other applicable Items as required by the ODOT Construction and Material Specifications.
      (2)   The City of Norwalk will address EPA regulations and mandates, and their updates through the Engineering Standards.
         (Ord. 2011-008. Passed 3-15-11.)

1115.09 PREPARATION AND REVIEW OF PLANS.

   The entire cost of preparing and reviewing drawings and specifications, including overhead, shall be borne by the developer. The estimated cost to the City of such work shall be deposited with the Public Works Director's Office for thoroughfare, walk and grading, sewer and water improvements prior to the start of any construction or the approval of the subdivision plat.
   (a)    At the time of submission of the preliminary plat for a subdivision, the subdivider or developer shall submit to the Planning Officer for approval, general plans for all water and sewer improvements and sidewalks and crosswalks for the area covered by the preliminary plat. The Planning Officer shall transmit these plans to the appropriate offices.
   (b)    Before the submission of the final plat for a subdivision, the subdivider or developer shall submit to the Planning Officer detailed plans for all thoroughfare, walk and grading improvements and all water and sewer improvements in the area to be covered by the subdivision plat. The Planning Officer shall transmit such detailed plans to the appropriate offices having jurisdiction for final approval. After approval, the developer shall submit such copies of the detailed plans as are required to accommodate the inspection of construction by the Public Works Director.
      (Ord. 2011-008. Passed 3-15-11.)

1115.10 SUPERVISION OF CONSTRUCTION.

   (a)    The entire cost of supervision of construction, including overhead, will be borne by the developer. The estimated cost to the City of such supervisory work shall be deposited with the City for thoroughfare, walk, grading, sewer and water improvements prior to the start of any construction or prior to approval of the final plat for a subdivision.
   (b)    Before the start of any work, forty-eight hours notice shall be given to the Public Works Director having jurisdiction for street, walk, grading, sewer and water improvements. No work shall be done on thoroughfare, walk and grading, sewer and water improvements without the presence of a representative of the Public Works Director. Failure to comply with the above shall result in the rejection of the work and the project.
(Ord. 2011-008. Passed 3-15-11.)

1115.11 ACCEPTANCE OF WORK.

   When work has been completed, improvements shall be inspected, tested and placed in service by representatives of the Public Works Director. If the work is found to be satisfactory, the Public Works Director shall recommend to Council that they accept the improvements for ownership and public use. (Ord. 2011-008. Passed 3-15-11.)

1115.12 FINAL APPROVAL OF SUBDIVISION PLAT.

   Before any subdivision final plat is signed by the Public Works Director, the subdivider or developer shall have either constructed all required improvements and had them accepted for ownership and public use by the City, or have provided a satisfactory financial guarantee to the City for the construction of all required improvements. The developer shall provide record drawings (as-builts) prior to approval of the final plat.
(Ord. 2011-008. Passed 3-15-11.)

1115.13 CONFLICT.

   Nothing herein shall be construed to alter or supersede the requirements stipulated in Ohio R. C. 6103.01 et seq. and 6117.01 et seq. for sewer and water districts.
(Ord. 2011-008. Passed 3-15-11.)

1115.14 GUARANTEE OF REQUIRED PUBLIC IMPROVEMENTS.

   (a)    In lieu of the installation of the above improvements prior to the approval and recording of the plat, the subdivider may provide financial security in one or a combination of the following arrangements, whichever the subdivider elects:
      (1)    A performance or surety bond to cover the costs of the contemplated improvements as estimated by the Public Works Director shall be filed with the City. Such bonds shall specify the time period in which the improvements are to be completed and shall be with an acceptable bonding company authorized to do business in the State.
      (2)    A cash deposit, or deposit by certified check payable to the City of Norwalk, sufficient to cover the cost of the contemplated improvements as estimated by the City or its authorized agents shall be deposited with the City of Norwalk. The escrow deposit shall be for the estimated time period necessary to complete the required improvements.
      (3)    An irrevocable letter of credit issued by a bank authorized to do business in the State in an amount to cover the cost of the contemplated improvements as estimated.
   (b)    In addition to the financial guarantee for completion of improvements, the developer shall make deposits with the City to cover the cost of supervision of construction. The deposits shall be made prior to the start of any construction. The amounts to be deposited shall be as determined by the Public Works Director.
      (1)    The developer may apply for final approval and recording of only a portion of the entire subdivision. Under such a progressive unit development procedure, the installation of required improvements and sale or lease of lots may proceed only on that portion of the subdivision which has been approved and recorded.
      (2)    The developer shall guarantee the construction and materials of all improvements for a twelve month period after acceptance by the City and in order to secure this guarantee, he shall furnish a bond or refundable security in an amount equaling two percent (2%) of the total construction cost and deposit or file the guarantee with the City.
      (3)    The developer shall agree by contract to indemnify and save harmless the City against and from any and all loss, cost, damage, liability and expense on account of damage to property of, or injury to or death of, the parties hereto or third person, caused by, growing out of, or in any way whatsoever attributable to the construction of the improvements and the use of the street delineated on the subdivision plat during construction. The developer shall further agree by contract, but without limiting its liability to indemnify the City to carry liability insurance contracts in the sum of one million dollars ($1,000,000) for a single bodily injury or death of persons and for damage to or destruction of property, which insurance contracts shall include the City as a named insured. The developer agrees to maintain on file with the City during the period of the construction, certificates or memoranda of insurance evidencing that the insurance contracts are in force.
   (c)    In case the subdivider shall fail to complete the required public improvements work within such time period as required by the conditions or guarantees as outlined herein, the City may proceed to have such work completed and reimburse itself for the cost thereof by appropriating the cash deposit, certified check, surety bond or by drawing upon the letter of credit or shall take the necessary steps to require performance by the bonding company.
(Ord. 2011-008. Passed 3-15-11.)

1115.15 PREVENTATIVE SOIL EROSION PRACTICES.

   (a)    The approval of all preliminary plans and extensions of previously approved plans shall include provisions for erosion and sediment control. Various control provisions or practices are identified relative to each soil identified in the Huron County Soil Survey.
   (b)    In the development of a subdivision, the subdivider shall not create a situation where the erosion of soil can impair a public or private surface ditch, stream, river or roadway. Adequate controls of erosion and sedimentation of both a temporary and permanent nature shall be provided during all phases of clearing, grading and construction as approved by the Public Works Director.
   (c)    In the event that any developer shall intend to make changes in the contour of any land proposed to be subdivided, developed or changed in use by grading, excavating or the removal or destruction of the natural topsoil, trees or other vegetative covering thereon, the same shall only be accomplished after the owner of the land or his agent has submitted to the Public Works Director for approval a plan for erosion and sedimentation controls, unless there has been a prior determination by the Public Works Director or its duly authorized representative that such plans are not necessary.
   (d)    Failure to employ the practices recommended by the Ohio Environmental Protection Agency (OEPA) and evidence of soil erosion and sedimentation is cause to restrain the subdivider from further works and withholding of performance bond payments for work completed.
(Ord. 2011-008. Passed 3-15-11.)

1115.16 OVERSIZE IMPROVEMENTS.

   (a)    The utilities, pavements and other land improvements required for the proposed subdivision shall be designed so as to serve nearby land which is an integral part of the neighborhood service or drainage area as determined by the Public Works Director.
   (b)    The subdivider shall be required to pay for only that part of the construction costs for the arterial or collector thoroughfares, trunk sewers or water lines which are serving the proposed subdivision as determined by the Public Works Director. The City shall pay the difference between the cost of required improvements for the proposed subdivision and improvements required to service the surrounding areas specified in subsection (a) hereof.
(Ord. 2011-008. Passed 3-15-11.)

1115.17 PUBLIC UTILITIES.

   No public utility shall use a right-of-way until it receives permission from the local authority having jurisdiction over the right-of-way.
(Ord. 2011-008. Passed 3-15-11.)

1115.18 PRIVATE ROADS.

   The developer may construct private roads within private developments, to be owned and maintained by a private entity, as an alternative to publicly dedicated and maintained roads.
   Private roads shall meet the City's Engineer standards.
(Ord. 2011-008. Passed 3-15-11.)

1115.19 SPECIAL ROAD TYPES.

   (a)   Cul-de-sacs. A loop cul-de-sac is defined as having a vehicular turn-around at or near the terminus of the cul-de-sac roadway centerline. Loop cul-de-sacs shall meet the following requirements.
      (1)   The centerline length shall be no longer than 1,000 feet, measured from the terminus of the cul-de-sac to the centerline of the nearest intersecting roadway.
      (2)    The turn-around shall have a right-of-way radius of no less than 60 feet, measured from the center of the turn-around.
      (3)   The turn-around shall have a paved radius of no less than 50 feet, measured from the center of the turn-around.
      (4)   The turn-around throat approach radius shall be no less than 50 feet.
      (5)   The highest point of the cul-de-sac turn-around shall be the center point of said turn-around.
      (6)   Pavement design and construction shall be identical to the standards used in all roads of identical functional classification in the subdivision.
      (7)   Cul-de-sacs shall not have islands.
      (8)   Eyebrow cul-de-sacs shall be defined as having a turn-around at or near the point of intersection of a change in horizontal alignment of the roadway centerline.
   (b)   Stub Roads. Where the proposed development abuts undeveloped land, stub roads shall be created and constructed. In such cases, the Planning Commission may specify the location of said stub roads. The right-of-way for said stub roads shall extend to the property line of the proposed subdivision. Stub roads shall not extend more than one lot deep.
   Where the proposed development abuts an existing development with an existing stub road right-of-way, the proposed development's rights of way and roadways shall be constructed to connect to the adjoining subdivision.
   (c)   Dead-End Roads.
      (1)   Permanent dead-end roads shall not be permitted. Cul-de-sacs shall be used in place of any and all permanent dead-end roads.
      (2)   Temporary dead-end roads are permitted only as segments of a continuing road plan, subject to extension onto undeveloped land also owned by the developer, and with a plat approved by the Planning Commission. Such temporary dead-end roads shall have constructed an interim turn-around meeting all requirements.
      (3)   For the purpose of these Regulations, stub roads shall not be considered dead end roads and are exempt from the requirements of this section.
         (Ord. 2011-008. Passed 3-15-11.)

1115.20 LANDSCAPING.

   (a)    Street trees may be required in each subdivision of a type, size and location as specified by the Planning Commission. If, in the opinion of the Planning Commission, lot trees of suitable species are located to give proper benefit to the thoroughfare, this requirement may be waived.
   (b)    Islands shall not be permitted on any street or cul-de-sac.
   (c)    Any landscaping proposed for placement within the Road Right of Way shall be approved by the Planning Commission prior to installation.
(Ord. 2011-008. Passed 3-15-11.)
 
 
 

1116.01 RECORDING OF FINAL PLAT.

   No plat of any subdivision shall be recorded by the County Recorder or have any validity until the plat has received final approval in the manner prescribed in these Subdivision Regulations. (Ord. 2011-008. Passed 3-15-11.)

1116.02 REVISION OF FINAL PLAT AFTER APPROVAL.

   No changes, erasures, modifications or revisions shall be made in any plat of a subdivision after approval has been given by the Planning Commission and endorsed in writing on the plat, unless the plat is first resubmitted to the Planning Commission and is initialed by both parties.
(Ord. 2011-008. Passed 3-15-11.)

1116.03 SALE OF LAND WITHIN SUBDIVISIONS.

   No owner or agent of the owner of any land located within a subdivision shall transfer or sell any land by reference to, exhibition of, or by the use of a plat of the subdivision before such plat has been approved and recorded in the manner prescribed in these Subdivision Regulations. The description of such lot or parcel by metes and bounds in the instrument of transfer or other documents used in the process of selling or transferring shall not exempt the transaction from the provisions of these Regulations.
(Ord. 2011-008. Passed 3-15-11.)

1116.04 SCHEDULE OF FEES, CHARGES AND EXPENSES.

    At the time of submitting a preliminary plat the subdivider shall pay a filing fee, in an amount set by the Public Works Director.
(Ord. 2011-008. Passed 3-15-11.)

1116.05 PENALTIES.

   The following penalties shall apply to the violations of these Subdivision Regulations:
   (a)    Whoever violates any rule or regulation adopted by Council for the purpose of setting standards and requiring and securing the construction of improvements within a subdivision or fails to comply with any order pursuant thereto is creating a public nuisance and the creation thereof may be enjoined and maintenance thereof may be abated by action at suit of the City or County or any citizen thereof. Whoever violates these Regulations shall forfeit and pay not less than a penalty in the amount of one thousand dollars ($1,000). Such sum may be recovered with costs in a civil action brought in the Municipal Court of Norwalk, Ohio.
   (b)    Whoever, being the owner or agent of the owner of any land within or without a municipal corporation, transfers any lot, parcel or tract of such land from or in accordance with a plat of a subdivision before such plat has been recorded in the office of the County Recorder, shall forfeit and pay a penalty in the amount of one thousand dollars ($1,000.00) for each lot, parcel or tract of land so sold. The description of such lot, parcel or tract by metes and bounds in the deed or transfer shall not serve to exempt the seller from the forfeiture provided herein. If such land is within the City, such sum may be recovered in a civil action brought in any court of competent jurisdiction by the City Law Director in the name of Norwalk for the use of the thoroughfare repair fund thereof.
   (c)    Any person who disposes of, offers for sale or lease 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 a penalty in the amount of one thousand dollars ($1,000.00) for each lot or part of a lot so sold, offered for sale or leased, to be recovered with costs in a civil action, in the name of the Director of Finance, for the use of the City.
      (Ord. 2011-008. Passed 3-15-11.)

1116.06 PERMITS.

   Building or repair permits shall not be issued for any structure on a lot in a subdivision for which a plat has not been approved and recorded in the manner prescribed herein, except when the plat has been recorded prior to the effective date of these Subdivision Regulations.
(Ord. 2011-008. Passed 3-15-11.)

1116.07 APPEALS.

   Any person who believes he has been aggrieved by the regulations or the action of the Planning Commission, has all the rights of appeal as provided by law.
(Ord. 2011-008. Passed 3-15-11.)
 

1117.01 SCOPE.

   (a)    This chapter shall apply solely to the development of industrial land uses, and shall apply to the division of any parcel of industrial land by plat, subdivision or an instrument of conveyance.
   (b)    No uses shall be permitted in an industrial subdivision except uses allowed in an M-1 or M-2 District. No residential uses shall be allowed. No approval of a preliminary industrial subdivision plat shall be granted unless the entire area covered by a plat is zoned M-1 or M-2.
   (c)    All Chapters 1111 - 1116 apply to Industrial Subdivisions.
(Ord. 2011-008. Passed 3-15-11.)

1117.02 ROADS.

   Collector thoroughfares for industrial subdivisions shall be planned to serve industrial areas exclusively and shall connect with arterial thoroughfares so that no industrial traffic shall be directed into any residential thoroughfares. The intersections of service thoroughfares from parking areas with arterial or collector thoroughfares shall not be less than 100 feet from the intersection of the arterial or collector thoroughfare with any other thoroughfare. Thoroughfares shall be planned to be extended to the boundaries of any adjoining land planned for industry, except for severe physical conditions or if the Planning Commission finds such extension is not in accord with the approved plan of the area.
(Ord. 2011-008. Passed 3-15-11.)