Oregon City Zoning Code

TITLE SEVEN

Subdivision Regulations.

1171.01 PURPOSE AND INTENT.

The general purpose of these Subdivision Regulations shall be to guide and regulate the planning, subdividing and development of land in order to promote and protect the public health, safety and general welfare. It is intended that the provisions of these Subdivision Regulations shall be applied to achieve the following objectives:

(a) Orderly development of the land to obtain harmonious and stable neighborhoods.

(b) Safe and convenient vehicular and pedestrian circulation.

(d) Accurate surveying of land, preparation and recording of plats.

(e) The assurance that subdivision improvements are properly installed and completed in compliance with the regulations contained in Chapter 1177.

(f) Discouraging of premature, or scattered subdivisions.

(g) Coordination of land development in accordance with zoning codes, and the Master Plan.
(Ord. 164-1984. Passed 1-28-85.)

1171.02 AUTHORITY.

The Planning Commission derives its legal authority, in the matter of regulating the subdivision of land, from the following:

(a) The Ohio Revised Code including, but not limited to, the statutes contained in Chapters 711 and 713.

(b) The Oregon City Charter including, but not limited to, Article VII, Section 8.

(Ord. 164-1984. Passed 1-28-85.)

1171.03 VALIDITY

Each section and part thereof of these Subdivision Regulations is hereby declared to be a separate and distinct enactment, and should any section or part thereof be found or declared to be ineffective or invalid for any reason whatsoever, the other sections and parts thereof shall not thereby be impaired.
(Ord. 164-1984. Passed 1-28-85.)

1171.99 PENALTY.

(a) Whoever wilfully violates any rule or regulation adopted by Council for the purpose of setting standards and requiring and securing the construction of improvements shown on plats and plans in pursuance to the provisions of Ohio R.C. 711. l01, or fails to comply with any order pursuant thereto, shall forfeit and pay not less than ten dollars ($10.00) nor more than one thousand dollars ($1,000). Such sum may be recovered with costs in a civil action brought in the Court of Common Pleas of the County in which the land lies relative to which the violation occurred, by the legal representative of the City or County in the name of the City or County and for the use thereof.

(b) A County Recorder who records a plat contrary to the provisions of these Subdivision Regulations shall forfeit and pay not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) to be recovered with costs in a civil action by the Prosecuting Attorney in the name and for the use of the County.

(c) Whoever, being the owner or agent of the owner of any land within or without the Municipality, wilfully transfers any lot, parcel or tract of such land from or in accordance with a plat of a subdivision before such plat has been recorded in the office of the County Recorder, shall forfeit and pay the sum of not less than ten dollars ($10.00) nor more than five hundred dollars ($500.00) for each lot, parcel or tract of land so found. The description of the lot, parcel or tract by metes and bounds in the deed or transfer shall not serve to exempt the seller from the forfeiture provided in this subsection.

If the land is within a municipal corporation, the sum may be recovered in a civil action brought in any court of competent jurisdiction by the Solicitor or other corresponding official of the Municipality in the name of the Municipality and for the use of the street repair fund thereof. If the land is situated outside the Municipality, such sum may be recovered in a civil action brought by the Prosecuting Attorney, other corresponding official, or Planning Commission of the County in which the land is situated, in the name of the County and for the use of the road repair fund thereof.

The sale of lots, parcels or tracts from a plat of a subdivision on which any and all areas indicated as streets or open grounds are expressly indicated as for the exclusive use of the abutting or other owners in such subdivision and not as public streets, ways or grounds, shall not serve to exempt the seller from the requirements of these Subdivision Regulations, or from the forfeiture herein provided.

(d) Any person who disposes of, offers for sale, or leases for a time exceeding five years, any lot or any part of a lot, in a subdivision, with intent to violate any of the provisions contained in this section shall forfeit and pay the sum of not less than ten dollars ($10.00) nor more than five hundred dollars ($500.00) for each lot or part of a lot so sold, offered for sale or leased, to be recovered with costs, in a civil action, in the name of the County Treasurer for the use of the County.
(Ord. 164-1984. Passed 1-28-85.)

1173.01 MEANING OF WORDS AND PHRASES.

The following definitions shall apply to and govern the within rules and regulations; and terms and words set forth therein are defined as follows in this chapter,

(Ord. 164-1984. Passed 1-28-85.)

1173.02 ALLEY,

"Alley" means a strip of land, dedicated to public use, less than thirty feet wide between property lines, which provides access to adjacent properties.

(Ord. 164-1984. Passed 1-28-85.)

1173.03 BOUNDARY LINE.

"Boundary line" means a line delineated that establishes the limits of an area.

(Ord. 164-1984. Passed 1-28-85.)

1173.04 BUFFER LOT.

"Buffer lot" means a lot on a plat across the end of a street proposed to be extended by future platting or a lot along the length of a street where only part of the width has been dedicated, retained by the owner but conditionally dedicated on the plat for street purposes when the street is extended or widened.
(Ord. 164-1984. Passed 1-28-85.)

1173.05 BUILDING.

"Building" means any structure having a roof supported by walls or columns designed or built for the support, enclosure, shelter or protection of persons, animals, chattels or property of any kind.
(Ord. 164-1984. Passed 1-28-85.)

1173.06 BUILDING AND/OR SETBACK LINE.

"Building and/or setback line" means a line established on a parcel for the purpose of prohibiting construction of a building between such line and an easement, right of way or other public area in the interest of protecting the general welfare.

(Ord. 164-1984. Passed 1-28-85.)

1173.07 CROSSWALK WAY.

"Crosswalk way" means a right of way, dedicated to public use, ten feet or more in width, which cuts through a block to facilitate pedestrian access to adjacent streets and properties.
(Ord. 164-1984. Passed 1-28-85.)

1173.08 COMMERCIAL DEVELOPMENT.

"Commercial development" means a planned commercial center providing building areas, parking areas, service areas, screen planting and adjacent roadway improvements.

(Ord. 164-1984. Passed 1-28-85.)

1173.09 CUL-DE-SAC (COURT).

"Cul-de-sac (court)" means a short street having one end open to traffic and being permanently terminated by a vehicle turnaround.

(Ord. 164-1984. Passed 1-28-85.)

1173.10 DRAWING.

"Drawing" means a preliminary drawing prepared by a registered surveyor or civil engineer containing all the information required under Section 1179.03(k) (1) and (2).

(Ord. 164-1984. Passed 1-28-85.)

1173.11 EASEMENT.

"Easement" means a grant by the property owner of the use of a strip of land by the public, a corporation or persons for specific purposes.

(Ord. 164 -1984. Passed 1-28-85.)

1173.12 ENGINEER.

"Engineer" means a-registered engineer authorized to practice civil engineering as defined by Ohio R.C. Chapter 4733.

(Ord. 164-1984. Passed 1-28-85.)

1173.13 FLOOD PLAIN.

"Flood plain" means that portion of land adjacent to a river, creek or ditch which is covered with water when the river, creek or ditch overflows its banks at flood stage.

(Ord. 164-1984. Passed 1-28-85.)

1173.14 IMPROVEMENTS.

"Improvements" means any one or more of the following: street pavements, with or without curb or gutter; sidewalks; crosswalk ways; water mains, sanitary and/or storm sewers; street trees; and other appropriate items.
(Ord 164-1984. Passed 1-28-85.)

1173.15 INDUSTRIAL DEVELOPMENT.

"Industrial development" means a planned industrial area specifically for industrial use, providing screen planting, and adjacent roadway improvements.

(Ord. 164-1984. Passed 1-28-85.)

1173.16 LOT

"Lot" means a designated parcel of land in a plat intended as a unit for transfer of ownership or to be occupied by a building and its accessory buildings together with such open spaces as are required by law, and having its principal frontage upon a public street.

(Ord. 164-1984. Passed 1-28-85.)

1173.17 MAJOR THOROUGHFARE.

"Major thoroughfare" means an expressway, dual highway, dominant major street, major street, secondary major street and/or main county road on the Master Plan, which serves or is intended to serve as the principal traffic-way between areas or districts. (For terms which identify these streets and their required right-of-way widths (see Section 1175.04(b)).
(Ord. 164-1984. Passed 1-28-85.)

1173.18 MASTER PLAN.

"Master Plan" means the comprehensive plan made and adopted by the Planning Commission in compliance with Ohio R.C. 713.02, indicating the general locations recommended for the streets, parks, public buildings, zoning districts and other public improvements.
(Ord. 164-1984. Passed 1-28-85.)

1173.19 MINOR STREET.

"Minor street" means a street supplementary to a secondary street and of limited continuity which serves, or is intended to serve the local needs of neighborhood.

(Ord. 164-1984. Passed 1-28-85.)

1173.20 MONUMENT.

"Monument" means a concrete marker 6 inches by 6 inches by 30 inches with iron pipe cast in the center.
(Ord. 164-1984. Passed 1-28-85.)

1173.21 PARCEL.

"Parcel" means a unit of land as shown on the tax duplicate.

(Ord. 164-1984. Passed 1-28-85.)

1173.22 PLACE.

"Place" means an officially approved private thoroughfare other than a street or alley permanently reserved as the principal means of access to abutting property. A place shall conform to all requirements for a minor street.

(Ord. 164-1984. Passed 1-28-85.)

1173.23 PLANNING COMMISSION.

"Planning Commission" means the Oregon Municipal Planning Commission.

(Ord. 164-1984. Passed 1-28-85.)

1173.24 PLAT.

"Flat" means a map of a tract or parcel of land, provided for in Chapter 1181.

(Ord. 164-1984. Passed 1-28-85.)

1173.25 STREET.

"Street" means a public thoroughfare which affords the principal means of access to abutting property.
(Ord. 164-1984. Passed 1-28-85.) l

1173.26 STRUCTURE.

"Structure" means anything constructed or erected, the use of which requires more or less permanent location on the ground, including but without limiting the generality of the foregoing; advertising signs, billboards, back stops for tennis courts and pergolas.

(Ord. 164-1984. Passed 1-28-85.)

1173.27 SUBDIVISION.

(a) "Subdivision" means the division of any parcel of land shown as a unit or as contiguous units on the last preceding tax roll, into two or more parcels, sites or lots any one of which is less than five acres, for the purpose, whether immediate or future, of transfer of ownership and shall include any division of any parcel of land along existing public street, or involving the opening, widening or extension of any street or road, or

(b) The improvement of one or more parcels of land for residential, commercial, or industrial structures or groups of structures involving the division or allocation of land along an existing public street, or involving the opening, widening or extension of any street or road, except private streets serving industrial structures; the division or allocation of land as open spaces for common use by owners, occupants or lease holders or as easements for the extension and maintenance of public sewer, water, storm drainage or other public facilities.

(Ord. 164-1984. Passed 1-28-85.)

1173.28 SUBDIVIDER.

"Subdivider" means the owner of land, or person, firm, corporation or legal entity effecting the subdivision of land.
(Ord. 164-1984. Passed 1-28-85.)

1173.29 SURVEYOR.

"Surveyor" means a registered surveyor authorized to practice surveying, as defined by Ohio R.C. Chapter 4733.
(Ord. 164-1984. Passed 1-28-85.)

1173.30 TRACING

"Tracing" means a translucent drawing on linen, mylar, cronaflex or equal, from which a print can be taken directly.
(Ord. 164-1984. Passed 1-28-85.)

1173.31 SUBDIVISION REGULATIONS.

"Subdivision Regulations" means Ordinance 164-1984, passed January 28, 1985, as amended, which is codified as Title Seven of this Planning and Zoning Code.

(Ord. 164-1984. Passed 1-28-85.)

1175.01 CONFORMITY REQUIRED.

All plats and subdivisions within the corporate limits of the City and within three miles of the corporate limits shall conform to the rules and regulations as contained in this chapter.

(Ord. 164-1984. Passed 1-28-85.)

1175.02 IN GENERAL.

(a) The development shall conform in effect to the Master Plan as adopted.

(b) The proposed subdivision and its ultimate use shall be in the best interests of the public welfare and the neighborhood development of the area and the subdivider shall present evidence to this effect when requested by the Planning Commission.

(c) The tract to be subdivided should not encroach upon an area or areas designated in the Master Plan for future public facilities. Such areas should be incorporated in the drawing and reserved for a period of one year, or for a longer period as may be mutually agreed, to allow the Municipality or other appropriate agencies, time to acquire such land.

(d) Variations, exceptions and/or modifications of these rules and regulations may be made by the Planning Commission in specific cases where it is deemed that unusual topographical or other exceptional conditions require such modifications.

(e) The Planning Commission shall consider plats designed for special development of rental units or new concepts of solar orientation or other methods of platting with modification or adjustment of these subdivision requirements, providing that such plats are self-contained and do not encroach unfavorably on or interfere with the normal development of abutting properties.
(Ord. 164-1984. Passed 1-28-85.)

1175.03 WATER AND SANITARY SEWER SERVICE

(a) Lots shall have public water and sanitary sewer service in the portions of the City in which such services are presently available or for which plans are approved by Council, or shall have a sewage treatment system approved and maintained by the City.

(b) In areas in which public water and sewers are not presently available or for which there are no plans approved by Council, the following shall be met:

(1) Minimum lot size shall be one acre.

(2) The lot shall include soils suitable for private sewerage disposal system as determined by the County Health Department.

(c) All private water and sanitary sewer systems shall conform to all applicable provisions of local and State health environmental agencies.

(Ord. 164-1984. Passed 1-28-85.)

1175.04 STREETS.

(a) Streets shall be planned for convenient circulation toward the principal directions of travel, bus routes, schools and playgrounds. The pattern shall be continuous, and yet indirect enough to discourage an excessive amount of through traffic. On the interior design, tee type intersections shall be predominant, while cross-intersections shall be avoided except at major streets. The street patterns shall include some extensions to the boundaries of the development to provide circulation between adjoining neighborhoods.

(b) Street widths shall conform to the following minimums:

Classification Right-of-Way Widths (In Feet)

(1) Expressway 200

(2) Dual highway 140

(3) Dominant major street

or main county road 100

(4) Major street 100

(5) Secondary major street 80

(6) Minor street 60

(7) Alley 20

The aforesaid classification and widths shall conform to the designations and as such are contained in the Master Plan.

(d) New streets shall be a continuation of existing streets or provide a minimum jog of 120 feet from the existing street alignment.

(e) Cul-de-sac streets shall not be over 600 feet in length and the terminal shall be a circular area with a minimum diameter of 120 feet.

(Ord. 164-1984. Passed 1-28-85; Ord. 175-1995. Passed 9-25-95.)

1175.05 BLOCKS.

(a) Blocks should be designed to accommodate lots of a size required for the district and to provide convenient circulation, service and safety on the boundary streets. The blocks should be designed so that rear lot lines will coincide with drainage courses, railroads, and divisions in land uses.

(b) The maximum length of blocks shall generally be one-quarter mile or 1,320 feet. The Planning Commission may require a crosswalk way in blocks that exceed 900 feet.

(c) The width of blocks shall be sufficient to accommodate two tiers of lots, except a single tier of lots, which lots shall have a greater depth than the minimum requirement of 120 feet, shall be required to separate residential development from major streets, adjoining nonresidential uses, unusual topographic or natural features. An easement for screen planting of at least ten feet which may not be traversed by vehicles may be required along the lots abutting such a major street or nonresidential land use.

(d) Blocks for multifamily, commercial or industrial subdivisions shall be adequate to accommodate the building sites and provide the yards, service drives, off-street parking and other required facilities.
(Ord. 164-1984. Passed 1-28-85.)

1175.06 LOTS.

(a) All residential lots shall conform to zoning requirements in width at the building line. No lot shall be deeper than two and one-half times its width, nor shallower than 120 feet.

(b) All lots shall abut on a public street or place.

(c) Corner residential lots shall have extra width sufficient for maintenance of building lines on both streets. The minimum width shall be seventy feet.

(d) Side lines of lots shall be approximately at right angles or radial to the street line. (Ord. 164-1984. Passed 1-28-85.)

1175.07 PUBLIC SPACES.

(a) The Planning Commission shall specify and require the dedication of an area of land equal to two and one-half acres per 1,000 residents for playfields, parks and other open public spaces that may be essential to a proper development of the areas or neighborhoods in accordance with the adopting plan for parks and other public grounds.

(b) Due regard shall be shown for the preservation of outstanding natural and cultural features such as scenic spots, watercourses and historic sites.

(Ord. 164-1984. Passed 1-28-85.)

1175.08 BUILDING LINES.

All lots, including commercial, industrial and residential, shall have a minimum setback or building line of twenty-five feet from the right of way, except where the zoning requires a greater amount. In such case the greater of the two shall be required.

(Ord. 164-1984. Passed 1-28-85.)

1175.09 EASEMENTS.

(a) Utility easements six feet in width for each lot are required and shall generally follow the rear lot lines and provide continuous easement to public ways.

(b) Ditch easements equal to the width of the required cross section of the ditch plus twenty feet on one side shall be provided.

(c) Easements for enclosed drainage systems shall be a minimum of twenty feet in width unless otherwise approved by the Director of Public Service.

(Ord. 164-1984. Passed 1-28-85; Ord. 175-1995. Passed 9-25-95.)

1175.10 COMMERCIAL AREAS.

(a) A commercial subdivision may show lots which need not conform to any minimum width or area, but it shall show the location within which buildings may be erected and the area that is to be reserved for off-street parking and service areas.

(b) The location for vehicular movements between the area and adjacent streets shall be indicated, and restrictions shall be recorded upon the plat which will restrict such vehicular movements to the location shown on the plat.

(c) Easements may be required providing for vehicular movements through parking areas and to and from service areas, as well as easements which can be improved as buffer areas wherever the area adjoins property zones for residential use. The installation of planting, walls, fences or other improvements that will ensure a satisfactory buffer or protective screen within the easement may be required.

(Ord. 164-1984. Passed 1-28-85.)

1175.11 UNINCORPORATED AREAS: CONSULTATION WITH COUNTY PLANNING COMMISSION.

The Planning Commission shall consult with and consider the advice of the County Planning Commission prior to approval of plats in the unincorporated area.

(Ord. 164-1984. Passed 1-28-85.)

1177.01 STANDARDS AND REQUIREMENTS FOR THE CONSTRUCTION OF IMPROVEMENTS.

In the corporate limits of the City and within three miles of the corporate limits subject to the limitation thereon provided in Ohio R.C. 711.09, all plats and subdivisions of land shall conform to the rules and regulations contained in this chapter as adopted by Council and the Planning Commission, and the subdivider shall provide, construct, install and pay for the minimum improvements required by the City and as specified herein.

(Ord. 164-1984. Passed 1-28-85.)

1177.02 GRADING.

(a) All lots shall be graded so that all storm water shall drain therefrom.

(b) The proposed storm sewer system shall then be evaluated for a storm hydraulic grade line based on a ten year storm frequency.

(Ord. 175-1995. Passed 9-25-95.)

1177.03 STREETS.

(a) All streets within a subdivision shall be improved with a hard surface pavement with adequate drainage at a minimum width of twenty-eight feet, and there shall be a curb along each side of such surfacing.

(b) Additional pavement lanes may be required for residential, commercial and industrial developments to provide acceleration-deceleration lanes, and/or left turn lanes.

(c) A greater width of pavement not to exceed forty feet may be required in commercial, industrial or special apartment developments.

(d) Minimum pavement elevations should be at a hydraulic grade line of a ten-year frequency storm.
(Ord. 164-1984. Passed 1-28-85.)

1177.04 WATER.

(a) When an adequate public water line is within 1,000 feet of the subdivision, such line shall be extended, so that each lot is accessible to the public water supply.

(b) When a public water supply system is used, sanitary sewers shall be provided, and connected to a public system or an approved treatment plant, except as provided in Section 1177.05(c)(2).

(c) Where an adequate public water line is not available, a well may be the source of water supply for each lot, if such well and water quality meet the health standards of the appropriate Board of Health and the lots are one acre or more in size.

(Ord. 164-1984. Passed 1-28-85.)

1177.05 SANITARY WASTE DISPOSAL.

(a) Public System. When the proposed subdivision is located within 500 feet of an adequate sanitary sewer line, a connection to the line shall be provided for each lot by

the developer.

(b) Independent System.

(1) When lots are less than one acre and a sanitary sewer is not available, except as provided in subsection (c)(2) hereof, an adequate sanitary treatment plant and necessary sanitary sewer lines accessible to each lot shall be provided by the developer. The system is to be designed so it can be integrated into the Master Plan of Sanitary Sewers when the public sewers are installed

(2) Where a number of subdivisions are proposed to be on adjacent tracts and/or sufficient buildable property is in close proximity to each other, Council may cause to have constructed a sanitary treatment plant and the necessary lines, except laterals, to serve the plats and assess the costs to the benefited owners.

(1) Septic tanks may be used for lots of one acre or more in area if soil percolation tests as prescribed by the appropriate Board of Health, have indicated a reasonable useful life for such disposal methods. other methods of disposal may be approved by the appropriate Board of Health.

(2) Subject to approval of the appropriate Board of Health, septic tanks may be used when the plat is in an area that can expect trunk sewers to be extended to it within a two-year period as determined by the Director of Public Service, but sanitary lateral sewers serving each lot properly installed and blocked off shall be provided.

(Ord. 164-1984. Passed 1-28-85.)

1177.06 STORM SEWERS.

(a) Storm sewers shall be designed to flow just full for the five (5) year intensity-duration-frequency storm using the Rational Method. The minimum pavement gutter elevations shall be at or above the hydraulic grade line for a ten (10) year frequency storm.

For the ten (10) year hydraulic gradient checks, minimum starting point elevation, when a proposed storm drainage system outlets into a nearby stream or ditch, shall be based on the twenty (20) year high water elevation as per "Comprehensive Ditch Plan", the approved storm sewer and ditch survey for the City. If information is unavailable the high water elevation shall be determined by following sound engineering principles subject to approval by the Director of Public Service.

(b) All structures within a new street right of way shall be designed to adequately handle the storm drainage of the proposed improvement as determined by the Director of Public Service.

(c) All site development involving one (1) acre or more of property, shall be required to include on-site storm water detention/retention per the City’s current Storm Water Management Plan (SWMP). The minimum detention volume for the site shall be equivalent to the storage volume produced from a twenty-five (25) year frequency (post-developed) storm inflow with an allowable discharge of a five (5) year frequency (pre-developed) storm outflow. The storm water detention calculations for the site shall be submitted with the site grading plans and shall be subject to approval by the Director of Public Service.

(d) All storm water collection systems shall be designed to include, but not be limited to, storm water treatment for the removal of sediment. The type of storm water treatment shall be in accordance to the applicable best management practice(s) (BMPs) as listed in the City’s current SWMP. All construction and maintenance of storm water collection system shall be in accordance to the Ohio Environmental Protection Agency’s Permit No.: OHC000002, or most current permit update. All construction details, involving storm water treatment and maintenance, shall be shown on the Erosion Control Plan for the site, which shall be submitted with the site grading plans subject to review and approval from the Director of Public Service. All developers or property owners shall maintain any post-construction structural BMPs according to the maintenance requirements of said BMP. All post- construction structural BMPs will be inventoried and subject to inspection by the Department of Public Service. Failure to properly maintain the BMP will result in penalties according to subsection (f) hereof.

(e) Notification of Violation; Time Limit. Any person found to be violating any provisions of subsection (d) hereof shall be served by the City with a written notice, stating the nature of the violation, sent by first class mail to the person apparently guilty of the violation. This notice shall be deemed sufficient, in the event of violation, if sent to the address of that person as shown on the Lucas County tax records or water account records. The notice shall, in all cases, set forth a time limit during which all noted violations shall cease and be abated, and appropriate corrective action taken, and if the violator shall not thus comply, the provisions of the following paragraph shall then apply.

(f) Violation Beyond Time Limit; Penalty. Any person who continues any violation beyond the time limit provided for in subsection (d) hereof is guilty of a misdemeanor of the second degree and shall be punished as provided in Section 501.99 of the General Offenses Code.
(Ord. 014-2006. Passed 3-13-06.)

1177.07 SIDEWALKS.

Sidewalks not less than four feet in width shall be installed on both sides of the street. Installations may be deferred for a period of two years or more by posting bond to permit the building of houses prior to installation of sidewalks.

(Ord. 164-1984. Passed 1-28-85.)

1177.08 MONUMENTS.

A monument shall be placed at each change in direction of the boundary of the plat, and one such monument shall be placed at the corner of each street intersection on one side of the street right of way, and at the beginning and end of all street curves.

(Ord. 164-1984. Passed 1-28-85.)

1177.09 BOND OR PETITION IN LIEU OF IMPROVEMENTS.

In lieu of the installation of the above improvements prior to the appropriation and rewarding of the final plat, the subdivider may:

(a) Post a surety bond or escrow agreement or letter of credit as provided for in Chapter 905 of the Streets, Utilities and Public Services Code, and otherwise fully comply with the provisions of that chapter. No surety bond or escrow agreement or letter of credit shall be released until all requirements of Chapter 905 have been met.

(Ord. 175-1995. Passed 9-25-95.)

(b) In any C or M District, file with Council a petition and waiver of objection in a form approved by the Director of Law signed by all of the owners of the lots and lands bounding and abutting the street, alley or way requesting that the required improvements be performed, constructed or installed and the cost thereof assessed against the abutting property in accordance with the provisions of Ohio R.C. 727.06. Any subdivider proceeding under this subsection shall also fully comply with the provisions of Chapter 905.

(Ord. 164-1984. Passed 1-28-85.)

1177.10 DESIGN AND CONSTRUCTION STANDARDS.

The required improvements outlined in this chapter are to be designed, constructed and installed in conformance with the standards and specifications of the following designated appropriate agency or agencies.

Required Improvements Appropriate Agency

Grading

Streets

Street drainage

Sidewalks Oregon Director of Public Service

Storm drainage, except natural

watercourses any part of which

lies outside the Oregon corporate

Limits.

_______________________________________________

Water lines Oregon Director of Public Service

Oregon Commissioner of Water and

Wastewater Treatment

_______________________________________________

Sanitary sewer lines Oregon Director of Public Service

_______________________________________________

Sanitary treatment plant Board of Health

Ohio State Department of Health

Oregon Director of Public Service

_______________________________________________

Septic tanks Board of Health

Wells

_______________________________________________

Natural watercourses any part of Lucas County Engineer

which lies outside the

Oregon corporate limits.

(Ord. 164-1984. Passed 1-28-85.)

1177.11 STREET LIGHTS.

All streets within a subdivision shall be improved by installing street lights with ornamental poles and underground wiring in accordance with the lighting standards as previously adopted by Council.

(Ord. 164-1984. Passed 1-28-85.)

1177.12 ADMINISTRATION BY PLANNING COMMISSION.

The foregoing rules and regulations adopted by the City of Oregon shall be administered by the Planning Commission and may be modified by the Planning Commission in specific cases where unusual or exceptional factors or conditions require such modifications.
(Ord. 164-1984. Passed 1-28-85.)

1177.13 UNDERGROUND UTILITIES.

All public utilities including but not limited to water, sewer, telephone, electric, cable television, and natural gas service, shall be installed underground in any subdivision subject to the provisions of this chapter.
(Ord. 164-1984. Passed 1-28-85.)

1179.01 GENERAL PROCEDURE PRIOR TO THE SUBMISSION OF A PLAT, PRIOR CONFERENCE REQUIRED.

It is required that before any work is done on any subdivision that the owner, or his representative, discuss his plans with the Planning Commission staff which shall be comprised of the Inspection Department and Director of Public Service, who will give assistance concerning requirements and further procedures, the purpose being to determine whether the proposed subdivision will fit into the neighborhood development of the area and conform, in effect, to the Master Plan. The following steps shall be taken to secure approval of a plat.

(Ord. 175-1995. Passed 9-25-95.)

1179.02 SKETCH DRAWING.

A sketch drawing shall be submitted in duplicate, at the conference referred to in Section 1179.01, to the Inspection Department for review and recommendations. The drawing shall contain enough information so that an accurate analysis can be made. The staff shall advise and aid the developer, or owner, in obtaining the best possible layout for all concerned. After a proper solution has been worked out, the developer or owner may proceed with his preliminary drawing.
(Ord. 175-1995. Passed 9-25-95.)

1179.03 PRELIMINARY WORKING DRAWING.

A preliminary working drawing hereinafter referred to in this chapter as “drawing”, containing all the information required by these Subdivision Regulations shall be submitted to the Planning Commission for processing. The drawing shall be prepared by a registered surveyor or civil engineer.

(a) The drawing shall not be accepted for processing unless the following data is contained therein.

(1) Identification noted as follows:

A. The title "Preliminary Drawings".

B. Proposed name of the subdivision.

C. Location by township, section, town and range, or by other legal description.

D. Names and addresses of developers and registered surveyor or civil engineer who designed the subdivision.

E. Scale of drawing (one inch = 100 feet preferred).

F. Date, north point.

G. Approximate acreage.

H. Key location shall be shown on the preliminary drawing.

(2) Delineation shall include, but is not limited to the following:

A. Boundary line of the proposed subdivision indicated by a dashed heavy line.

B. Location, widths and names of all existing or prior platted streets or other public ways, railroad and utility rights of way and easements, parks and other public open spaces, permanent buildings and structures, and section and corporation lines, within or adjacent to the tract.

C. Existing sewers, water mains, culverts or other underground facilities and open drainage ditches in and within close proximity to the tract, indicating size, depth, direction of flow and location.

D. Boundary lines of all tracts of unsubdivided and subdivided land, abutting to the proposed plat, showing owners of tracts greater than one acre.

E. The plans shall include both existing and proposed spot elevations at a maximum spacing of a one hundred (100) foot grid as measured in the field.

F. Existing zoning of proposed subdivision and abutting tracts in zoned areas.

G. Layout of proposed streets, their proposed names and widths, and also the widths of proposed alleys, crosswalk ways and easements. Proposed street names shall be checked with the Real Estate Transfer Department of the County Auditor's office to avoid duplications.

H. Layout numbers and dimensions of lots or parcels with appropriate designations.

I. Suggested locations of proposed water lines, sanitary sewer lines, storm sewer lines and sidewalks shall be indicated by drawings.

J. Sanitary treatment plant, wells and septic tank locations are to be shown.

K. Where septic tanks are proposed, results of soil percolation tests are to be indicated and keyed to the results submitted.

L. Diagram of proposed drainage development, including streets and lots, with indication of their outlet into existing facilities, and proposed elevations of drains at critical points.

M. In critical areas, high water levels are to be indicated, and areas subject to flooding shown.

N. Screen planting plan, if any.

O. Proposed building setback lines, showing dimensions.

(b) The drawing shall be analyzed by the Planning Commission for conformance with these Subdivision Regulations. If the drawing does not conform with these Regulations, the developer and surveyor or engineer, shall be notified so that the drawing may be revised.

(c) If the subdivision lot areas or uses do not conform with the existing zoning classification, a petition to rezone such area must be submitted by the property owner end acted upon by the Planning Commission prior to initial consideration of a drawing.

(d) If the drawing meets the requirements set forth above, it shall be sent to the appropriate City and public agencies for their review and recommendations.

(e) When the recommendation of the City and public agencies are received they are reviewed, and if the drawing is not acceptable to any City and public agency, the developer and surveyor or engineer is notified so that the drawing may be revised. If the drawing is acceptable and/or subject to certain modifications, the drawing is presented to the Planning Commission for consideration for approval or disapproval.

(f) The Planning Commission shall disapprove the drawing if it does not contain the necessary information, is not in accordance with the provisions of these Regulations, or if the proposed improvements are not approved by the appropriate City and public agencies.

(g) Prior to approval of the drawing, the Planning Commission may introduce such changes, or revisions, to the drawing as are deemed necessary to the interests and needs of the community provided such changes are not in violation of the within rules and regulations. The Planning Commission may then approve the drawing once it has received the approvals or recommendations for modifications of the City and public agencies. Any changes required by the Planning Commission as a condition of approval and agreed to by the subdivider, or his representative, shall be marked in red on the approved drawing. The surveyor or engineer will then furnish the Planning Commission with seven copies of the revised drawing containing such agreements.

(h) Approval of the drawing is valid for one year and allows the developer to proceed with the preparation of the improvement and modification of the plans required by the various City and public agencies. It also allows the developer to proceed with construction of the improvements as soon as the revised and/or required plans are reviewed and approved by the appropriate City and public agencies.

(i) The subdivider and surveyor or engineer shall be notified in writing of the Planning Commission's action, and the notification of their action will also be given to the appropriate City and public agencies.

(j) After approval of the drawing by the Planning Commission, a plat may be filed as provided for in Chapter 1181.

(k) Fifteen copies of the drawing shall be submitted at least twenty days before a meeting of the Planning Commission.

(Ord. 175-1995. Passed 9-25-95.)

1181.01 FILING.

A plat may be officially filed with acknowledgement by the Secretary of the Planning Commission.
(Ord. 164-1984. Passed 1-28-85.)

1181.02 CONFORMANCE WITH PRELIMINARY DRAWING,

The plat must substantially conform to an approved preliminary drawing previously submitted, or must provide adequate data to permit proper review of any proposal which has not been approved in a preliminary drawing.
(Ord. 164-1984. Passed 1-28-85.)

1181.03 CERTIFICATION REQUIRED AS TO IMPROVEMENTS PRIOR TO APPROVAL.

Prior to approval of a plat, the Planning Commission shall obtain certification from the proper City and/or County departments that the required improvements have been made or assured in conformance with these Subdivision Regulations.

(Ord. 164-1984. Passed 1-28-85.)

1181.04 ENDORSEMENT BY PLANNING COMMISSION.

The Planning Commission, by endorsement of the plat, shall approve or disapprove the plat within thirty days after official filing of the plat, otherwise it is deemed approved.

(Ord. 164-1984. Passed 1-28-85.)

1181.05 RECORDING AFTER APPROVAL.

Upon approval by the Planning Commission and necessary County agencies, the plat may be recorded with the County Recorder within six months. If not recorded within this time the approval of the Planning Commission shall be void.
(Ord. 164-1984. Passed 1-28-85.)

1181.06 BUILDING PERMITS ISSUED ONLY AFTER PLAT IS RECORDED.

Before any building permits can be issued for lots in the plat, the plat must be recorded in the office of the County Recorder.
(Ord. 164-1984. Passed 1-28-85.)

1181.07 TRACING, FILING AND SIZE.

(a) The tracing of the plat after recording, will be filed and retained in the office of the Mayor or his designee.

(b) The plat shall be a reproducible tracing 20 inches by 30 inches in size.

(Ord. 164-1984. Passed 1-28-85,)

1181.08 INK OR SIMILAR MEDIUM TO BE USED.

All information on the plat, including signatures, shall be in black opaque ink or another medium that is readily reproduced by printing and photostatic processes

(Ord. 164-1984. Passed 1-28-85.)

1181.09 REQUIRED CONTENTS.

The plat shall contain the following:

(a) Identification.

(1) Name of subdivision.

(2) Location by township, section, town, and range, and other legal description as necessary.

(3) Names of owners, and signature and seal of registered surveyor.

(4) Scale shown graphically.

(5) Date.

(6) North point.

(b) Delineation.

(1) Boundary of plat, based on an accurate traverse, with angular and lineal dimensions in conformance with the legal description, shall be superimposed with a heavy dashed line to indicate the limits of the plat.

(2) True angles and distances to at least three of the nearest established street lines or official monuments which shall be accurately described on the plat.

(3) Municipal, Township, County and/or Section lines accurately tied to the lines of the subdivision by distances and angles.

(4) Accurate location of all monuments. One such monument shall be placed at each change in direction of the boundary of the plat, and one such monument shall be placed at one corner of each street intersection on one side of the street right of way, and at the beginning and end of all street curves.

(5) Exact location, width and name of all streets within and adjoining the plat, and the exact location and widths of all alleys and crosswalk ways. The name of a street shall not duplicate that of any existing street. Proposed street names shall be checked with the proper City and County officials.

(6) Exact location and width of all easements for rights of way provided for public services, utilities or other purposes.

(7) All lot or parcel numbers and lines with accurate dimensions in feet and hundredths of feet.

(8) Accurate designation of any areas to be dedicated or reserved for public use with the purpose indicated thereon.

(9) Radii, internal angles, points of curvature, tangent bearings and lengths of all arcs.

(10) Building setback lines accurately shown with dimensions,

(1) Surveyor's certification. I hereby certify that during ___________, 19___ , I surveyed the property hereon described subdividing same into lots numbered consecutively from ________________ to ______________, both inclusive, and lettered ________________ and _______________.

Distances are given in feet and decimal parts thereof. Concrete monuments have been set at each change in direction of the boundary of the plat and marked thus ____________. Additional monuments marked thus ____________________ are to be set after the street improvements have been made.

___________________________

Registered Surveyor

___________________________ No. _________________

(2) Owner certification. I (we), the undersigned, owners of the property hereon described, do hereby adopt the subdivision as shown on this plat, establish setback lines as shown, dedicate to public use the streets and rights of way as shown, except buffer lots, which are dedicated on condition that the abutting right of way dedication is extended or widened beyond said buffer lots. I (we) do hereby establish easements as shown hereon and designated as "Utility Easements, " for the purpose of permitting the construction, installation, relocation and maintenance of public or quasipublic utility facilities thereon. Maintenance shall include the right to remove any branches or other growth or obstructions that might interfere with the construction, maintenance or safe operation of utility lines. I (we) further certify that (we) will improve this subdivision with the following installations (statement of the specific sewer, water, pavement and other improvements to be installed.)

Date ____________ _________________________

(3) Notary.

State of Ohio )

County of Lucas ) ss

on this _____________ day of ___________,19__ , before me personally appeared __________________________________and acknowledged the signing of this plat to be his (their) free act and deed for the purposes herein mentioned. Witness my hand and seal the day and year above written.

_______________________________________

(4) Oregon Municipal Planning Commission. We hereby certify that this plat is approved by the Oregon Municipal Planning Commission in accordance with the Subdivision Rules and Regulations as adopted by said Commission and the Council of the City of Oregon.

Signed this __________________ day of __________, 19 __.

________________________ _______________________

Chairman Secretary

(5) Office of the Lucas County Tax Map Department. Ownership of the property comprising this plat is correctly shown.

________________________

(6) Office of the Lucas County Auditor. This plat has been submitted for the purposes of appraisement this ____day of ___________________,19___.

___________________________________

Lucas County Auditor

(7) Office of the Lucas County Recorder. Received for record this _________________________ day of ________________, 19___ , at ___________ M.

Recorded in Volume __________________, Pages ____________, Book of Plats.

___________________________________

Lucas County Recorder

(8) Oregon, Ohio ________________ , 19___ . I find that the streets shown on this plat have been constructed in accordance with the specifications shown hereon and are in good repair and said streets are hereby accepted for public use pursuant to Ohio R.C. 711.09.

___________________________________

Director of Public Service

City of Oregon

Lucas County Engineer*

(9) Oregon City Council. We hereby certify that this plat is approved by the Oregon City Council in accordance with the Subdivision Rules and Regulations that have been adopted and amended by the Council of the City of Oregon.

Signed this ____________________ day of _______________, 19___.

__________________________ ___________________________

Mayor Clerk-Auditor

*NOTE: To be signed by the Director of Public Service, City of Oregon, when the plat is within the Oregon corporate limits; by the Lucas County Engineer when in the unincorporated territory. Strike out inapplicable officials’ designation. Need not be signed prior to recording of plat unless ready for acceptance for public use.
(Ord. 164-1984. Passed 1-28-85.)

CODIFIED ORDINANCES OF OREGON