Russells Point City Zoning Code
TITLE ONE
Subdivision Regulations
APPENDICES
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LOT AREA = TOTAL HORIZONTAL AREA LOT COVERAGE = PER CENT OF LOT OCCUPIED BY BUILDING |
LOT TERMS |
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TYPES OF LOTS |
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CLASSIFICATION OF THE THOROUGHFARE SYSTEM |
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1101.01 TITLE.
These regulations shall be known and may be cited and referred to as the "Subdivision Regulations of the Village of Russells Point, Ohio," and shall hereinafter be referred to as, "these regulations." (Ord. 730. Passed 9-19-88.)
1101.02 SCOPE AND JURISDICTION.
(a) Administration. These regulations shall be administered by the Village of Russells Point Planning Commission.
(b) Jurisdiction. These regulations shall be applicable to all subdivisions of land within the incorporated area of the Village of Russells Point. The Village Planning Commission shall have the power of final approval of the plats.
(c) Relation to Other Laws. The provisions of these regulations shall supplement any and all laws of the State of Ohio, Ordinances of the Village, or any and all rules and regulations promulgated by authority of such law or ordinance relating to the purpose and scope of these regulations. Whenever the requirements of these regulations are at variance with the requirements of any other lawfully adopted rules, regulations, or ordinances, the most restrictive or that imposing the higher standards, shall govern.
(d) Public Hearing. The Village Planning Commission on its own initiative or upon petition by a citizen 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 Commission may designate.
(e) Amendments. The Village Council may, after public hearing, amend or supplement these regulations. Notice shall be given of the time and place of such hearing by publication in at least one newspaper of general circulation published in the county, 30 days prior to holding of said hearing. The amendment or amendments shall be on file in the municipal building for public examination during the said 30 days.
(f) Separability. If, for any reason any clause, sentence, paragraph, section or other part of these regulations should be decided by a court of competent jurisdiction to be invalid, such judgement shall not affect the validity of these regulations as a whole, or any part thereof, other than the part so held to be invalid. (Ord. 730. Passed 9-19-88.)
1105.01 PREAPPLICATION MEETING REQUIRED.
The subdivider shall meet with the Village Planning Commission or its designated representative prior to submitting the preliminary plat. The purpose of this meeting is to discuss early and informally the purpose and effect of these regulations and the criteria and standards contained therein; and to familiarize the developer with the comprehensive plan, the zoning regulations and the drainage, sewerage and water systems for the Village.
(Ord. 730. Passed 9-19-88.)
1105.02 PREAPPLICATION SKETCH CONTENT.
The subdivider shall submit to the Village Planning Commission a sketch plan, legibly drawn at a suitable scale and containing the proposed name of the subdivision and its acreage, existing and proposed streets, lot lay-out and existing natural and man-made features such as soil types, vegetation, general topography, existing easements and service facilities.
(Ord. 730. Passed 9-19-88.)
1105.03 PRELIMINARY PLAT REQUIRED.
1105.04 APPLICATION FOR PRELIMINARY PLAT APPROVAL.
An application, in writing for the approval of the preliminary plat, together with a minimum of seven copies of the preliminary plat and the supplementary information specified in Sections 1105.04 to 1105.10 inclusive, shall be submitted to the Village Planning Commission's designated representative at least fourteen days and not more than thirty days prior to the meeting of the commission at which action is requested. The preliminary plat shall be prepared by a professional surveyor and the supplementary information shall be prepared by a professional engineer. (Ord. 730. Passed 9-19-88.)
1105.05 PRELIMINARY PLAT FORM.
The preliminary plat shall be drawn at a scale of not less than one inch equals one hundred feet and shall be on one or more sheets 24 by 36 inches in size. (Ord. 730. Passed 9-19-88.)
1105.06 PLAT CONTENTS.
(a) Chapter 4733-37 Minimum Standards for Boundary Surveys In The State of Ohio as adopted by the Ohio State Board of Registration shall be considered a part of these regulations except where more restrictive rules may apply.
(b) 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 County.
(2) Location by section, range, and township or Virginia Military Survey (VMS).
(3) Names, addresses and telephone numbers of the owner, subdivider, and professional surveyor who prepared the plat; and the name, address and telephone number of the engineer who supplied the supplementary information.
(4) Date of Survey.
(5) Scale of the plat, north point, and date.
(6) Boundaries of the subdivision and its acreage.
(7) Names of adjacent subdivisions, owners of record of adjoining parcels of unsubdivided land and the location of their boundary lines.
(8) Locations, widths, and names of existing streets, railroad rights-of-way, easements, parks, permanent buildings, and corporation and township lines; location of wooded areas and other significant natural items.
(9) Zoning classification of the tract and adjoining properties.
(10) Existing contours at an interval of not greater than two feet if the slope of the ground is fifteen percent or less: and not greater than five feet where the slope is more than fifteen percent.
(11) Existing sewers, water mains culverts and other underground structures and power transmission poles and lines within and adjacent to the tract.
(12) Layout, names, and widths of proposed streets and easements.
(13) Building setback lines with dimensions.
(14) Layout and dimensions of all proposed utility and sewer lines. showing their connections with the existing systems shall be taken from the supplementary information prepared by the engineer.
(15) Layout, numbers and approximate dimensions of each lot, when lots are located on a curve or when side lot lines are not at ninety (90) degree angles, the width at the property line shall be shown.
(16) Parcels of land to be reserved for public use or to be reserved by covenant for residents of the subdivision.
(17) A vicinity map at a scale of not more than six hundred (600) feet to an inch shall be shown on, or accompany, the preliminary plat. This map shall show all existing subdivisions, roads, and tract lines, together with the names of the owners of land immediately adjoining the proposed subdivision and between it and the nearest existing thoroughfares. It shall show the most advantageous connections between the roads in the proposed subdivision and those of the neighboring areas.
(Ord. 730. Passed 9-19-88.)
1105.07 SUPPLEMENTARY INFORMATION.
The following information shall be supplied in addition to the requirements in Section 1105.06:
(a) Statement of proposed use of lots, giving the type and number of dwelling units; and type of business or industry.
(b) Description of proposed covenants and restrictions.
(c) Description of proposed zoning changes.
(d) Typical sections and tentative profiles of streets and other related improvements as required in Chapter 1113
shall be at a scale suitable for review as determined by the Village Engineer.
(e) A preliminary drainage plan shall be submitted which shall contain adequate measures for control of erosion, siltation and surface water management.
(f) In a letter accompanying the request for approval of the preliminary plat, the subdivider shall state the type of sewage disposal treatment he proposes to use. If other than a treatment plant, it shall be accompanied by a letter from the County Health Officer or the Ohio Environmental Protection Agency, whichever is appropriate, stating what type of sewage disposal will be approved for the soil conditions encountered in the area of the proposed subdivision.
(Ord. 730. Passed 9-19-88.)
1105.08 FILING.
The preliminary plat shall be considered officially filed on the day which it is accepted for processing by the Village Planning Commission’s designated representative and shall be so dated.
(Ord. 730. Passed 9-19-88.)
1105.09 APPROVAL OF PRELIMINARY PLAT.
The Village Planning Commission's designated representative shall forward copies of the preliminary plat to such officials and agencies as may be necessary for the purpose of study and recommendation. These shall include at least the Village Engineer, Logan Soil and Water Conservation District, and the County Health Department if applicable. After receipt of reports, if any, from such officials and agencies, the Village 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 Village Planning Commission shall act on the preliminary plat within 30 days after filing unless such time is ex tended by agreement with the subdivider. When a preliminary plat has been approved by the Planning Commission, the chairman shall sign one copy for the file. Approval of the preliminary plat shall not constitute approval of the final plat. (Ord. 730. Passed 9-19-88.)
1105.10 CONSTRUCTION AND UTILITY PLAN REQUIREMENTS.
Based on the preliminary plat and the required changes relating thereto, if any, the subdivider shall cause to be prepared a complete set of drawings and specifications of improvements of construction and utility plans by a registered professional engineer. All typical sections and major engineering details to be used on any particular street or road shall be approved in advance by the Village Engineer before completion of the plans or commencement of construction. (Ord. 730. Passed 9-19-88.)
1105.11 APPROVAL PERIOD.
The approval of the preliminary plat shall be effective for a maximum period of 12 months unless an extension is requested in writing by the subdivider and granted in writing by the Planning Commission and shall guarantee that the terms under which the approval was granted will not be affected by changes to these regulations. (Ord. 730. Passed 9-19-88.)
1105.12 FINAL PLAT REQUIRED.
The subdivider, having received approval of the preliminary plat of the proposed subdivision and approval of all improvements thereon, shall submit a final plat of the subdivision, and drawings and specifications of the improvements required therein. The final plat will have incorporated all changes in the preliminary plat required by the Village Planning Commission. Otherwise, it shall conform to the preliminary plat, and may constitute only that portion of the approved preliminary plat which the subdivider proposes to record and develop at the time. Unless otherwise required by the Village Planning Commission, no final plat is required for subdivisions which propose no immediate or future transfer of property, and/or propose no dedication of public facilities. (Ord. 730. Passed 9-19-88.)
1105.13 APPLICATION FOR FINAL PLAT APPROVAL.
An application for the approval of the final plat on forms provided by the Village Planning Commission, together with a minimum of seven copies of the plat and the supplementary information specified, shall be submitted to the Village Planning Commission's designated representative at least fourteen (14) days and not more than thirty (30) days prior to the meeting of the Commission at which action is requested. The final plat shall be prepared by a professional surveyor and the supplementary information shall be prepared by a professional engineer.
(Ord. 730. Passed 9-19-88.)
1105.14 REGULATIONS GOVERNING IMPROVEMENTS.
The final plat shall be accompanied by a set of construction plans as required in Section 1105.10 prior to the granting of approval of the final plat the subdivider shall have installed the minimum required improvements, or shall have furnished a performance bond, certified check or letter of credit to the Village for the amount of the estimated construction cost of the ultimate installation and initial maintenance of the improvements. Before the bond, certified check or letter of credit is accepted, it shall be approved by the Village Council and their legal counsel. The term of the bond, certified check or letter of credit shall extend twelve (12) months beyond the completion date of the project unless released prior thereto by the Village Council. A completion date shall be established by the subdivider and approved by the appropriate officials. The period of time stipulated shall not exceed two years from the date of the final plat approval unless an extension is requested in writing by the subdivider and granted in writing by Council.
(Ord. 730. Passed 9-19-88.)
1105.15 FINAL PLAT FORM.
The final plat shall be legibly drawn in India ink on tracing cloth or other materials of equal permanence. It shall be drawn at a scale of not less than one (1) inch equals one hundred (100) feet, and shall be on one (1) or more sheets 24 by 36 inches in size. If more than one (1) sheet is needed, each sheet shall be numbered and the relation of one sheet to another clearly shown. (Ord. 730. Passed 9-19-88.)
1105.16 FINAL PLAT CONTENTS.
(a) Chapter 4733-37 Minimum Standards for Boundary Surveys in the State of Ohio as adopted by the State Board of Registration shall be considered a part of these regulations except where more restrictive rules may apply.
(b) The final plat shall contain the following information:
(1) Name of the subdivision, location by section, range and township, or by VMS number; date, north point, the graphic or bar scale and acreage.
(2) Names and addresses of the subdivider, and the professional surveyor who prepared the final plat.
(3) Plat boundaries, based on accurate traverse, with angular and lineal dimensions.
(4) Bearings and distances to nearest established street lines or other recognized permanent monuments.
(5) Exact locations right-of-way and pavement widths, and names of all streets within and adjoining the plat; building setback lines.
(6) Radii, internal angles, points of curvatures, tangent bearings, length of arcs, and lengths and bearings of chords.
(7) All easements and rights-of-way provided for public services or utilities. All plats shall contain a restriction that no permanent structures or plantings, etc. shall be permitted in the easement area.
(8) All lot numbers and lines with accurate dimensions in feet and hundredths.
(9) Accurate location and description of all monuments.
(10) Accurate outlines of areas to be dedicated or reserved for public use, or any area to be reserved for common uses of all property owners.
(11) A list of any restrictions and covenants the subdivider intends to include in the deeds to the lots in the subdivision.
(12) Certification by a professional 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; and that the location of and a description of all monuments and pins as specified, have been set in accordance with Section 1113.03.
(13) Notarized certification by the owner or owners of the adoption of the plat and the dedication of streets and other public areas.
(Ord. 730. Passed 9-19-88.)
1105.17 SUPPLEMENTARY INFORMATION.
The following information shall be supplied in addition to the requirements in Section 1105.16:
(a) 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.
(b) Certification shall be required showing that all required improvements have been either installed and approved by the proper officials or agencies, or that a bond or other security has been furnished assuring installation of the required improvements. (Ord. 730. Passed 9-19-88.)
1105.18 FILING.
The final plat original tracings shall be filed with the Village Planning Commission not later than twelve (12) months after the date of approval of the preliminary plat; otherwise, it will be considered void unless an extension is requested in writing by the subdivider and granted in writing by the Village Planning Commission. A copy of the final plat thus filed shall be transmitted to the Village Engineer. If found to be in full compliance with the formal provisions of these regulations, the Engineer will return said plat to the Commission, together with certification of approval. (Ord 730. Passed 9-19-88.)
1105.19 APPROVAL OF FINAL PLAT.
The Village Planning Commission shall approve or disapprove the final plat within thirty (30) days after it has been filed. Failure of the Commission to act upon the final plat within such time shall be deemed as approval of the plat. If the plat is disapproved, the grounds for disapproval shall be stated in the records of the Commission and a copy of said record shall be forwarded to the subdivider. The subdivider shall make the necessary corrections and resubmit the final plat within thirty (30) days to the Commission for its final approval.
(Ord. 730. Passed 9-19-88.)
1105.20 TRANSMITTAL OF ORIGINAL TRACINGS AND COPIES.
When the final plat has been approved by the Village Planning Commission, the original tracings shall be returned to the subdivider for filing with the County Recorder. After filing, the Tracings shall become the property of the Logan County Engineer. Another copy will be transmitted to the Village Council for necessary action on any proposed dedication.
(Ord. 730. Passed 9-19-88.)
1105.21 MINOR SUBDIVISIONS (LOT SPLITS).
(a) Approval without a plat of a minor subdivsion may be granted by the Village 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 street or road and involves no opening, widening or extension of any street or road.
(2) No more than five (5) 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 sketch and legal description along with the deed is submitted.
(b) If approval is given under these provisions, the designated representative of the Village Planning Commission shall, within seven (7) working days after submission, approve such proposed division and, upon presentation of a conveyance for such parcel, shall stamp "Approved by Russells Point Village Planning Commission, no plat required," and the designated representative of the Commission shall sign the conveyance. (Ord. 730. Passed 9-19-88.)
1105.22 PERFORMANCE AND MAINTENANCE BONDS OR OTHER SURETY.
(a) Performance bonds or other surety such as certified check or letter of credit, may be required as stated in Section 1105.15, to assure the proper authorities that completion of minimum improvements wlll be made and that the improvements are in conformance with the standards established in these regulations. The Village Council shall secure approval as to the form sufficiency and execution of the surety from their appropriate legal counsel. The surety shall not be released until the Village Engineer has certified satisfactory completion of all required minimum improvements and the dedication of and facilities for public use has been submitted to the Village Council. Reduction of the surety may be made on a prorated basis, for portions that have received the Engineer's certification for meeting minimum requirements and have been dedicated for public use. In no event shall a surety be reduced below twenty (20) percent of the principal amount. If the improvements are not completed on or before the completion date as established in Section 1105.14, then the Village Council may exercise the conditions of the bond or other surety and secure the completion of the improvements through the bonding company or the person, association, organization, partnership, trust, company, corporation or institution which provided the letter of credit or other surety guarantee.
(b) Maintenance bonds or other surety may be required by the Village to assure maintenance of all improvements in the subdivision by the subdivider, until dedication of said improvements are formally accepted by the Village Council. The amount of the surety shall be determined by the Village Engineer and be submitted and approved in the same manner as performance bonds or other sureties. The subdivider shall provide for the upkeep and maintenance of all improvements, including snow removal. The maintenance surety shall be submitted for a period of at least one (l) year after the completion of the improvements and offer of dedication for public use is made, and shall not be required longer than two years.
(Ord. 730. Passed 9-19-88.)
1109.01 GENERAL STATEMENT.
The regulations in Sections 1109.02 to 1109.16, inclusive, shall control the manner in which streets, lots, and other elements of a subdivision are arranged on the land. These design controls shall help insure convenient and safe streets, creation of usable lots, provision of space for public utilities, and reservation of land for recreational uses. The planning of attractive and functional neighborhoods shall be promoted, minimizing the undesirable features of unplanned, haphazard growth.
1109.02 CONFORMITY TO DEVELOPMENT PLANS AND ZONING.
The arrangement, character, width and location of all primary and secondary streets, shall conform with the Village's Thoroughfare Plan. Streets not contained in the aforementioned Plan shall conform to the recommendation of the Village Planning Commission, based upon the design standards set forth in Sections 1109.02 to 1109.16 inclusive. In addition, no final Plat of land within the area in which an existing zoning ordinance is in effect shall be approved unless it con forms with such ordinance. (Ord. 730. Passed 9-19-88.)
1109.03 SUITABILITY OF LAND.
If the Village Planning Commision finds that land proposed to be subdivided is unsuitable for subdivision development due to flooding, bad drainage, steep slopes, inadequate water supply, 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 interests of the public, the land should not be developed for the purpose proposed, the Com mission shall not approve the land for subdivision unless adequate methods are advanced by the subdivider for meeting the problems that will be created by the development of the land.
(Ord. 730. Passed 9-19-88.)
1109.04 STREET DESIGN.
The arrangement, character, extent, width, grade, and location of all streets shall conform to the Thoroughfare Plan of the Village, or subsequent amendments thereof, and shall be considered in their relation to existing and planned streets, topographical conditions and public convenience and safety; and in their appropriate relation to the proposed uses of the land to be served by such streets. The subdivider shall provide within the boundaries of the subdivision plat, the necessary right-of-way for the widening, continuance, or alignment of such streets a in conformity with the Thoroughfare Plan. (Ord. 730. Passed 9-19-88.)
1109.05 HORIZONTAL ALIGNMENT.
The radius of curvature on the centerline of streets shall not be less than the following:
Street Classification | Minimum Radius of Curvature |
Arterial street |
500 feet |
Collector street |
300 feet |
Local street |
150 feet |
Where there is an angle of deflection of more than one (1) degree between two (2) centerline tangent sections of a street, a curve of adequate radius shall connect them. Between reverse curves a minimum tangent of 100 feet shall be introduced. Minimum horizontal visibility, measured on the centerline, shall be:
Street Classification | Minimum Horizontal Visibility |
Arterial street | 500 feet |
Collector street | 300 feet |
Local street | 150 feet |
(Ord. 730. Passed 9-19-88.)
1109.06 VERTICAL ALIGNMENT.
All changes of grade shall be connected by vertical curves of a minimum length in feet equal to 20 times the algebraic difference in the rate of grade for arterials and industrial streets; for collector and local streets, 15 times. Minimum vertical visibility shall conform to the Ohio Department of Transportation's regulations in effect on the date of the approval of the preliminary plat. (Ord. 730. Passed 9-19-88.)
1109.07 RIGHT-OF-WAY AND PAVEMENT WIDTHS.
The street right-of-way widths and traveled pavement widths exclusive of curb and gutters shall not be less than the following:
Street Classification | Right-of-Way Width | Pavement Width |
Arterial Street | 80 feet | 48 feet |
Collector Street | 60 feet | 32 feet |
Local Street | 50 feet | 26 feet |
Where there are unusual topographical or other physical conditions, the Village Planning Commission may require greater widths or permit lesser widths for rights-of-way and pavements for local streets (Ord. 730. Passed 9-19-88.)
1109.08 STREET GRADES.
Street grades shall not exceed the following:
Street Classification | Grade |
Arterial street |
6% |
Collector street |
8% |
Local street |
8% |
No street grade shall be less than 0.6 per cent, and in no case shall a street grade be more than three (3) percent within 100 feet of an intersection. (Ord. 730. Passed 9-19-88.)
1109.09 SPECIAL STREET TYPES.
The following requirements shall apply to special street types:
(a) Cul-de-sac streets shall not exceed 600 feet in length and have minimum length of 160 feet measured from the right-of-way line at the intersection to the center of the paved turnaround. The closed end shall be a paved turnaround having a minimum radius of forty (40) feet to the outer pavement edge and a radius of fifty (50) feet to the right-of-way line. Pavement shall cover all area within the outer pavement edge.
(b) Permanent dead-end streets shall not be permitted. Temporary dead-end streets shall be permitted only as a part of a continuing street plan, and only if a temporary turnaround satisfactory to the Village Engineer in design, maintenance, and removal is provided. Dead-end streets longer than 200 feet shall not be permitted.
(c) Dedication of new half streets shall not be permitted. Where a dedicated or platted half-street exists adjacent to the tract being subdivided, the other half shall be platted.
(d) Where a subdivision adjoins an arterial street, a marginal access street may be required to control access to the arterial from lots fronting on it. Access is controlled in the interest of public safety and to maintain the design capacity of the street system. Points of access to the arterial shall be spaced at a minimum of 1,000 feet. A planting strip having a minimum width of 20 feet shall be provided between the pavement of the arterial street and the pavement of the marginal access street. The minimum width of the marginal access right-of-way shall be thirty (30) feet.
(e) Alleys shall not be approved in residential districts, except where justified by extreme conditions. Alleys may be required in commercial and industrial districts if other provisions cannot be made for adequate service access. When required, alleys shall have a minimum right-of-way width of 20 feet and a pavement width of 20 feet. (Ord. 730. Passed 9-19-88.)
1109.10 STREET INTERSECTIONS.
The following regulations shall govern the design and layout of street intersections:
(a) Streets shall be designed to intersect at approximately 90 degrees. Streets shall remain in the right angle of intersection for 100 feet beyond the point of intersection.
(b) Where a proposed subdivision abuts or contains an existing or proposed arterial street, the number of intersections with the arterial shall be kept to a minimum and shall not be located less than 1,000 feet apart measured from center line to center line. Intersections of local streets with local or collector streets shall not be located less than 150 feet apart; intersections of collector streets with collector streets shall not be located less than 200 feet apart. Intersections of any street with arterial streets shall be located not less than 1,000 feet apart.
(c) Multiple intersections involving junctions of more than two (2) streets shall be avoided.
(d) Four-way intersections of local streets should be avoided where possible and three- way or T-intersections should be encouraged wherever possible.
(e) The minimum pavement radius at intersections shall be 25 feet; the minimum right- of-way radius shall be 25 feet. (Ord. 730. Passed 9-19-88.)
1109.11 STREETS FOR COMMERCIAL SUBDIVISIONS.
Streets serving business developments and accessory parking areas shall be planned to connect with arterial streets so as not to generate traffic on local streets. The intersections of driveways from parking areas with arterial or collector streets shall be located so as to cause the least possible interference which traffic movement on the streets, shall be located not less than 100 feet from the intersection of an arterial or collector street with any other street, and shall be spaced not less than 200 feet from each other. The Commission may require marginal access streets to provide maximum safety and convenience. (Ord. 730. Passed 9-19-88.)
1109.12 STREETS FOR INDUSTRIAL SUBDIVISIONS.
Collector streets for industrial subdivisions shall be planned to serve industrial areas exclusively and shall connect with arterial streets so that no industrial traffic will be directed onto any residential streets. The intersections of service streets from parking areas with arterial or collector streets shall not be less than 100 feet from the intersection of the arterial or collector street with any other street. Streets shall be planned to be extended to the boundaries of any adjoining land planned for industry, except for severe physical conditions or if the Commission finds such extension is not in accord with the approved plan of the area. (Ord. 730. Passed 9-19-88.)
1109.13 BLOCKS.
The following regulations shall govern the design and layout of blocks.
(a) The arrangement of blocks shall be such as to conform to the street planning criteria set forth in Sections 1109.04 to 1109.12, inclusive, and shall be arranged to accommodate lots and building sites of the size and character required for the district as set forth in these subdivision regulations or the zoning ordinance and to provide for the required community facilities.
(b) Irregularly shaped blocks, those intended for cul-de-sac or loop streets. and those containing interior parks or playgrounds, shall be approved by the Commission when properly designed and located and when the maintenance of interior public spaces is covered by agreements.
(c) No block shall be longer than 1,500 feet nor less than 500 feet.
(d) Where blocks are over 900 feet in length a crosswalk easement not less than 10 feet in width at or near the halfway point may be required, if necessary, to provide proper access to other facilities. (Ord. 730. Passed 9-19-88.)
1109.14 LOTS.
The following regulations shall govern the design and layout of lots:
(a) The lot arrangement and design shall be such that all lots will provide satisfactory building sites, properly related to topography and the character of surrounding development.
(b) All lots shall conform to or exceed the requirements of the zoning district in which they are located and the use for which they are intended.
(c) All side lot lines shall be at approximate right angles to street lines and radial to curved street lines, except where the Commission determines that a variation to this rule would provide a better layout.
(d) Lots with double frontage shall be avoided except where the Commission determines that it is essential to provide separation of residential development from arterial streets. (Ord. 730. Passed 9-19-88.)
1109.15 EASEMENTS.
Easements at least 12 feet in width along rear lot lines and feet in width centered along the side lot lines shall be provided where necessary for sanitary sewers, gas mains, water mains, electric lines, and Village sewers. Easements shall also be provided as required by the Village Planning Commission or Village Engineer along every watercourse, drainage channel, detention or retention basin or stream within a subdivision. Such easement shall be exclusive of the width of the watercourse, drainage channel or stream. An easement of this type shall be provided for on each side of such facility, or on one side if conditions dictate and if approved by the Village Engineer. (Ord. 730. Passed 9-19-88.)
1109.16 FLOOD AREAS.
In order to protect the health, safety, and general welfare of the people, the Village Planning Commission may reject any proposed subdivision located in an area subject to periodic flooding as determined and illustrated in studies or publications by the U.S. Department of Housing and Urban Development, 'the Ohio Department of Natural Resources or other recognized documents or authorities. If the subdivision is located in an area having poor drainage or other adverse physical characteristics, the Commission may approve the subdivision provided the subdivider agrees to perform such improvements as will render the area safe for the intended use. In lieu of the improvements, the subdivider shall furnish a bond or other surety covering the cost of the required improvements. (Ord. 730. Passed 9-19-88.)
1113.01 GUARANTEE FOR INSTALLATION OF IMPROVEMENTS.
All improvements required herein shall be constructed prior to the granting of the final plat approval by the Village Planning Commission; or the subdivider shall furnish the Village with a performance bond, certified check, or letter of credit for the amount of the estimated cost of the ultimate installation and maintenance of the improvements. The Village Council has the right to determine the kind of surety that will be accepted. (Ord. 730. Passed 9-19-88.)
1113.02 CONSTRUCTION PROCEDURE AND MATERIALS.
The subdivider shall design and construct improvements not less than the standards outlined in these regulations. The work shall be done under Village supervision and inspection and shall be completed within the time fixed or agreed upon by the Village Engineer. Materials shall meet the requirements and shall be in accordance with the standards of the current volume of "Construction and Material Specifications" of the State of Ohio, Department of Transportation. (Ord. 730. Passed 9-19-88.)
1113.03 MONUMENTS.
Chapter 4733-37, Minimum Standards For Boundary Surveys In The State of Ohio as adopted by the Ohio State Board of Registration for professional engineers and surveyors shall apply to the setting of monuments. The subdivider shall have his surveyor certify to the Village Engineer, after construction is complete, that all permanent markers have been set and are on the date of his certification physically in place. (Ord. 730. Passed 9-19-88.)
1113.04 STREET IMPROVEMENTS.
All streets shall be graded to to their full width, including side slopes, and improved in conformance with the standards given or referred to in these regulations.
(Ord. 730. Passed 9-19-88.)
1113.05 PAVEMENT WIDTH.
(Ord. 730. Passed 9-19-88.)
1113.06 STREET SUBGRADE.
The subgrade shall be free of sod, vegetative or organic matter, soft clay, and other objectional materials for a depth of at least two feet below the finished surface of the subgrade. The subgrade shall be properly rolled, shaped, and compacted and shall be subject to the approval of the Village Engineer. (Ord. 730. Passed 9-19-88.)
1113.07 PAVEMENT DESIGN ALTERNATES.
The subdivider his the option of using any of the following pavement sections: Portland Cement concrete: asphaltic Concrete surface on Portland-Cement concrete base. Full Depth Asphalt: Asphaltic Concrete on aggregate base. Thicknesses shall be designed by the subdivider's engineer based on traffic loads. traffic counts and the physical properties of the subgrade conditions. Said design shall be subject to the approval of the Village Engineer.
(Ord. 730. Passed 9-19-88.)
1113.08 STREET CURBS AND GUTTERS.
Curbs and gutters shall be required on all residential, commercial and industrial streets with in the Village. Curbs, combined curbs and gutters shall be constructed in conformance with the current Construction and Material Specifications" of the State of Ohio, Department of Trans portation. (Ord. 730. Passed 9-19-88.)
1113.09 WATER SUPPLY IMPROVEMENTS.
The following requirements shall govern water supply provisions:
(a) Where a public water supply, in the determination of the Village Planning Commission, is reasonably accessible or required because of pollution problems, the subdivision shall be provided with a complete water distribution system, including a connection for each lot and appropriately spaced fire hydrants. All such installations shall meet the Russells Point Water Department specifications and be the expense of the subdivider public water distribution and public wells system shall meet the requirements of the Ohio Department of Health as cited in Sections 3701.18 to 3701.21 inclusive, of the Ohio Revised Code.
(b) Where a public water supply is not available or not required, the subdivider shall supply acceptable evidence of the availability of water. The subdivider may be required to make one or more test wells in the area to be platted if such evidence is deemed not acceptable. Copies of well logs which are obtained shall include the name and address of the well driller and shall be submitted with the plat to the Village Planning Commission.
(c) Individual private wells shall meet the requirements of the Logan County Board of Health. (Ord. 730. Passed 9-19-88.)
1113.10 SANITARY SEWER IMPROVEMENTS.
The following requirements shall govern sanitary sewage disposal:
(a) All laws, regulations and guidelines set forth by the Logan County General Health District and the Ohio E.P.A. at the time of this enactment shall be followed, and any future laws, regulations and guidelines deemed necessary for the protection of public health, shall be followed as they become effective.
(b) Sanitary sewers, including lateral connections to the public system, shall be installed by the subdivider to serve all lots. Said sewers and installation shall meet the requirements of the Environmental Protection Agency and Village standards.
(Ord. 730. Passed 9-19-88.)
1113.11 DRAINAGE IMPROVEMENTS.
The subdivider shall construct all necessary facilities including underground pipe, inlets, catch basins, open drainage ditches or detention and/or retention basins as determined by the Village Engineer, to provide for the adequate disposal of subsurface and surface water and maintenance of natural drainage courses. All storm drainage facilities within the subdivision shall connect to an adequate drainage outlet. (Ord. 730. Passed 9-19-88.)
1113.12 STORM SEWERS AND STORM WATER DRAINAGE.
Where an adequate public storm main is available at the plat boundary, the subdivider shall construct a storm sewer system and connect with such storm sewer main. If such storm sewer systems are not accessible, drainage channels with easements of adequate width shall be provided, by the subdivider and approved by the Village Engineer and Planning Commission. Paved gutters or storm sewers shall be required if velocities of flow are greater than specified by the Village Engineer or cause destructive erosion. Storm drainage, including drain tile around basements, shall not be permitted to discharge into any sanitary sewer facility.
(Ord. 730. Passed 9-19-88.)
1113.13 CULVERTS AND BRIDGES.
Where natural drainage channels intersect any street right-of-way, it shall be the responsibility of the subdivider to have satisfactory bridges and culverts constructed. The subdivider shall submit detailed plans, prepared by a professional engineer to the Village Engineer for approval before construction. The Village Engineer will provide the subdivider's engineer with the required design standards. (Ord. 730. Passed 9-19-88.)
1113.14 SURFACE WATER, EROSION AND SEDIMENT CONTROL.
Where it a necessary 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 be accomplished only after the owner or his agent has submitted to the Village Planning Commission for approval a plan for the surface water, erosion, and sedimentation control and said plan has been approved. Said plans shall incorporate the following controls.
(a) All surface water shall be provided drainage ditch outlets, of a temporary nature during construction and shall be approved by the Village Engineer. No exposed area that will pond a great amount of water overnight will be permitted.
(b) No more than 30% of the total area shall be exposed at any one time during construction unless proper measures are taken to prevent erosion, siltation and sedimentation.
(c) No area shall be exposed any longer than necessary to recontour. Temporary vegetation and/or mulching shall be then applied for protection during the development.
(d) No area shall be allowed to go into the winter season without vegetative cover on critical areas as determined by the Village Engineer. Said areas shall be seeded by October 1st.
(e) Sediment basins (debris basins, desilting basins or silt traps) shall be installed and maintained to remove sediment from run-off waters for land undergoing development.
(f) Permanent final vegetation and drainage structures shall be installed as soon as grading is completed.
(g) The development shall be fitted to the topography and soils so as to create the least erosion potential.
(h) Whenever feasible, natural vegetation shall be retained and protected.
(Ord. 730. Passed 9-19-88.)
1113.15 ELECTRIC, GAS, CABLE TV AND TELEPHONE IMPROVEMENTS.
Where needed to serve proposed new development, the planning and construction of such utilities shall be underground with all other improvements. Such private utility improvements shall be subject to review by the Village Engineer, as a matter of coordination with all other improvements.
(Ord. 730. Passed 9-19-88.)
1113.16 SIDEWALKS.
Concrete sidewalks having a minimum width of four (4) feet and minimum thickness of four (4) inches may be required to be installed on both sides of all new streets in subdivisions, and in all commercial developments. The Village Planning Commission may require for safety purposes a sidewalk along only one side of any new street where the net residential density is less than three (3) dwelling units per net acre. All sidewalks shall be extended to connect with existing walks or to the boundaries of the subdivision if walks are not accessible. (Ord. 730. Passed 9-19-88.)
1113.17 DRIVEWAYS.
Driveways shall have a maximum grade of 10 percent and a minimum width of 18 feet for a double drive and a minimum width of 10 feet for a single drive. Curb cuts for straight curbs and the flare for rolled curbs shall be three (3) feet wider than the driveway pavement on each side. (Ord. 730. Passed 9-19-88.)
1113.18 STREET NAME SIGNS.
Street name signs, of a type acceptable to the Planning Commission shall be erected by the subdivider at all intersections. (Ord. 730. Passed 9-19-88.)
1113.19 EXTRA-SIZE AND OFF-SITE IMPROVEMENTS.
The utilities, pavements, and other land improvements as required shall be designed of extra size and/or extensions provided as may be necessary to serve nearby land which is an integral part of the neighborhood service or drainage area in addition-to the improvements required for the development of the proposed subdivision. (Ord. 730. Passed 9-19-88.)
1113.20 OFF-SITE EXTENSIONS.
If streets or utilities are not available at the boundary of a proposed subdivision, and if the Village Planning Commission finds the extensions across undeveloped areas would not be warranted as a special assessment to the intervening properties or as a municipal expense until some future time, the subdivider may be required, prior to approval of the final plat, to obtain necessary easement or right-of-way and construct and pay for such extensions. Such improvements shall be available for connections by subdividers of adjoining land. (Ord. 730. Passed 9-19-88.)
1113.21 EXTENSIONS TO BOUNDARIES.
The subdivider shall be required to extend the necessary improvements to the boundary of the proposed subdivision to serve adjoining unsubdivided land, as determined by the Village Planning Commission. (Ord. 730. Passed 9-19-88.)
1117.01 DESIGN STANDARDS.
The following design standards shall apply to mobile home subdivisions:
(a) The subdivision shall contain a minimum of five acres.
(b) Each mobile home site shall have a clearly defined minimum area of 4,000 square feet, with minimum lot width of 40 feet, and a minimum depth of 100 feet. The minimum width of corner lots, however, shall be 50 feet.
(c) The subdivision shall have minimum frontage of 250 feet. The ratio of width to depth shall not exceed one to five (1:5).
(d) A side yard on each side of the subdivision and a rear yard of 30 feet or more shall be provided around the edge of the mobile home subdivision. Such yards shall not be occupied by or counted as part of an individual mobile home site.
(e) There shall be a minimum clearance of 20 feet between the individual mobile homes.
(f) A maximum density shall not exceed six (6) mobile homes per gross acre.
(Ord. 730. Passed 9-19-88.)
1117.02 STREETS.
All mobile home subdivision shall meet the street requirements and specifications of these regulations, Section 1109.04
, inclusive. (Ord. 730. Passed 9-19-88.)
1117.03 WALKWAYS.
Walkways not less than four feet wide which may abut street pavement shall be provided from the mobile home sites to the service buildings. Such walkways shall be constructed of acceptable impervious material having a minimum thickness of four inches and lighted by not less than three-tenths (3/10) foot candle of artificial light. (Ord. 730. Passed 9-19-88.)
1117.04 WATER AND SEWERS.
Each mobile home site shall be provided with a water outlet connected to the Village water supply and a connection to the Village sanitary sewer system. (Ord. 730. Passed 9-19-88.)
1117.05 ELECTRICITY.
Electricity, electrical outlets, and wiring shall be according to the current provisions of the National Electric Code published by the National Fire Protection Association.
(Ord. 730. Passed 9-19-88.)
1117.06 DRAINAGE.
The subdivision shall be located on a well drained site, properly graded to insure rapid drainage and freedom from stagnant pools of water. (Ord. 730. Passed 9-19-88.)
1117.07 HEALTH REQUIREMENTS.
The subdivision shall conform to all County and State Health Department Requirements.
(Ord. 730. Passed 9-19-88.)
1117.08 UNDERGROUND UTILITIES.
All telephone, electrical and other distribution lines shall be installed in underground conduits; no overhead lines shall be permitted. All underground utilities, sanitary sewers and drainage structures installed in streets shall be constructed prior to the surfacing such streets.
(Ord. 730. Passed 9-19-88.)
1117.09 RECREATION.
A safe, usable recreation area shall be conveniently located in each mobile home subdivision the size of which shall be determined at 1,000 square feet per household or mobile home.
(Ord. 730. Passed 9-19-88.)
1117.10 LANDSCAPING.
The subdivision shall be landscaped with lawns and plantings, including appropriate trees.
(Ord. 730. Passed 9-19-88.)
1117.11 SCREENING.
Mobile home subdivisions shall be effectively screened on all sides by means of walls, fences, or plantings except where the area is sufficiently removed from other urban uses as determined by the Village Planning Commission. Walls or fences shall be a minimum of four (4) feet in height without advertising thereon. In lieu of such wall or fence, a strip of land no less than 10 feet in width and planted and maintained with an evergreen hedge or dense planting of evergreen shrubs not less than four (4) feet in height may be situated. (Ord. 730. Passed 9-19-88.)
1117.12 MOBILE HOME STAND.
Each mobile home site shall be developed with a mobile home stand of not less than 10 feet by 50 feet and such mobile home stand shall not be less than 10 feet from the mobile home site boundary. The mobile home stand shall be constructed of a minimum of six inches of concrete and provide two tie-down rings. (Ord. 730. Passed 9-19-88.)
1117.13 MOBILE HOME SKIRTING.
Each mobile home placed in the mobile home subdivision shall be skirted entirely enclosing the bottom section, within ninety days after its placement. Skirting shall be constructed of vinyl, aluminum, or other material that is specifically designed for skirting.
(Ord. 730. Passed 9-19-88.)
1117.14 GARBAGE AND REFUSE.
The storage and collection of garbage and refuse within the subdivision shall be conducted so as to create no health hazards. All garbage shall be stored in fly-tight, rodent- proof containers and shall be collected at least once weekly.
(Ord. 730. Passed 9-19-88.)
1117.15 STORM SHELTERS.
Mobile home subdivisions shall be required to provide a storm shelter for the protection of all residents. Storm shelters shall provide four square feet of floor area per resident, have sufficient ventilation, and have a generator of sufficient size to provide power for heat and light. Windows are permissible if provisions are made for their protection by shutters or other similar devices that are designed for immediate installation in the event of sudden emergency. The storm shelter may be used for recreational purposes, laundry facilities or other purposes.
(Ord. 730. Passed 9-19-88.)
1121.01 RECORDING OF PLAT.
No plat of any subdivision shall be recorded by the County Recorder of Logan County or have any validity until said plat has received final approval in the manner prescribed in these regulations. (Ord. 730. Passed 9-19-88.)
1121.02 REVISION OF PLAT AFTER APPROVAL.
No changes, erasures, modifications, or revisions shall be made in any plat of a subdivision after approval has been given by the Village Planning Commission, and endorsed in writing on the plat, unless the plat is first resubmitted to the Commission.
(Ord. 730. Passed 9-19-88.)
1121.03 SALE OF LAND WITHIN SUBDIVISIONS.
No owner or agent of the owner of any land located within a sub division shall transfer or sell any land by reference to, exhibition of, or by the use of a plat of the subdivision before such plat has been approved and recorded in the manner prescribed in these regulations . The de scription 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. 730. Passed 9-19-88.)
1121.04 SCHEDULE OF FEES, CHARGES AND EXPENSES.
The Village Council shall establish a schedule of fees, charges, and expenses and a collection procedure for same, and other matters pertaining to these regulations. The schedule of fees shall be filed in the Municipal Building and may be altered, or amended only by Council. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal. (Ord. 730. Passed 9-19-88.)
1121.05 VARIANCES.
The following regulations shall govern the granting of variances:
(a) Where the Village Planning Commission finds that extraordinary and unnecessary hardship may result from strict compliance with these regulations, due to exceptional topographic or other physical conditions, it may vary the regulations so as to relieve such hardship, provided such relief may be granted without detriment to the public interest and without impairing the intent and purpose of these regulations or the desirable development of the neighborhood and community. Such variations shall not have the effect of nullifying the intent and purpose of these regulations, the Concept Plan, or the zoning ordinance.
(b) In granting the variances or modifications, the Village Planning Commission may require such conditions as will, in its judgment secure substantially the objective of the standards of requirements so varied or modified.
(Ord. 730. Passed 9-19-88.)
1121.06 APPEAL.
Any person who believes he has been aggrieved by these regulations or the action of the Village Planning Commission, has all the rights of appeal as set forth in Chapter 711 of the Ohio Revised Code or any other applicable section of the Revised Code.
(Ord. 730. Passed 9-19-88.)
1121.99 PENALTIES.
The following penalties shall apply to the violations of these regulations:
(a) Whoever willfully violates any rule or regulation adopted by the Village 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 shall forfeit and pay not less than one hundred dollars ($100.00) 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 Logan County by the legal representative of the Village in the name of the Village and for the use thereof.
(b) A County Recorder who records a plat contrary to the provisions of these regulations shall forfeit and pay not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00), to be recovered with the costs in a civil action by the Prosecuting Attorney in the name and for the use of Logan County.
(c) Whoever, being the owner or agent of the owner of any land within or without a municipal corporation willfully transfare 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 Logan County Recorder, shall forfeit and pay the sum of not less than one hundred dollars ($100.00), nor more than five hundred dollars ($500.00) dollars for each lot, parcel, or tract of land so sold. The description of such lot, parcel, or tract by metes and bounds in the deed or transfer shall not serve to exempt the seller from the forfeiture provided in this section.
(d) Any person who disposes of, offers for sale, or leases for a time exceeding five (5) years, any lot, or any part of a lot, in a subdivision before provisions of these regulations are complied with shall forfeit and pay the sum of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00), for each lot or part of 'a lot so sold, offered for sale, or leased, to be recovered, with costs, in a civil action, in the name of the Village Treasurer for the use of the Village. (Ord. 730. Passed 9-19-88.)
1125.01 REQUIRED STATEMENTS.
The following statements shall be affixed on the subdivision plat:
DEDICATION
Know all men by these presents that and proprietors of the land indicated on the accompanying plat have authorized the platting thereof and do hereby dedicate the (streets, roads, parks, etc.) to the (Public or Private) use forever. Witnesses Proprietors STATE OF OHIO COUNTY OF LOGAN Before me a Notary Public in and for said County personally came who acknowledged the signing of the foregoing instrument to be their voluntary act and deed for the uses and purposes therein expressed. In witness whereof, I have hereunto set my hand and affixed my official seal this day of 19 . By: Notary Public |
SURVEYORS CERTIFICATE
The accompanying plat represents a subdivision of land in (S.T.R. or .V.M.S. No.), Township, Logan County, Ohio and the Village of Russells Point, Ohio. The tract has an area of acres in streets and as in lots making a total of acres. All measurements are in feet and decimals of a foot. All measurements on curves are (Chord or Arc) distances. I hereby certify that the accompanying plat is a correct representation of (Subdivision Name) as surveyed (Date) and that all monuments and iron pins as shown hereon have been set. Professional Surveyor # The following paragraph shall be placed on the final plat if streets, roads, parks, etc., are dedicated to the public use. The within are hereby approved and accepted for public maintenance by ordinance no. recorded in Village Council’s record book on this day of 19 . Mayor Clerk |
(Ord. 730. Passed 9-19-88.)
1125.02 REQUIRED APPROVAL AND SIGNATURES.
Approved this day of 19 Village Engineer Approved this day of 19 Logan County Health Department (If applicable) Approved this day of 19 Chairman, Russells Point Village Planning Commission Trasferred this day of 19 Logan County Auditor Filed for Record this day of 19 at m. Recorded this day of 19 in Plat Cabinet Slide Logan County Recorder |
(Ord. 730. Passed 9-19-88.)
1129.01 DEFINITIONS.
Words in these regulations are used in their ordinary English usage. Certain terms or words used herein shall be interpreted and defined as follows and wherever used in these regulations shall have the meaning indicated in this section. The word "shall" is to be interpreted as mandatory and shall be complied with unless waived; "may" is to be interpreted as having permission or being allowed to carry out a provision; "should" is, to be interpreted as expressing that the application of said criterion or standard is desired and essential unless commensurate criteria or standards are achieved. All words used in the singular shall include the plural, and all words used in the present tense shall include future tense, unless the context clearly indicates the contrary.
(a) “Block” means a Piece or parcel of land entirely surrounded by public streets or highways, railroad rights-of-way, parks, streams and other bodies of water or a combination thereof,
(b) “Community facilities” means existing, planned and proposed parks, playgrounds, schools and other public lands and buildings of the Municipality for which the regulations are in effect.
(c) “Comprehensive (concept) plan” means the plan, or any portion thereof, adopted by the Planning commission of the Village, which shows the general location and extent of physical facilities including main thoroughfares, parks, schools and other public open spaces and public building sites.
(d) “Developer” means any person, subdivider, partnership, or corporation or duly authorized agent who constructs or contracts to construct improvements on subdivided land,
(e) “Dwelling unit” means space within a building comprising living, dining, sleeping room or rooms, storage closets, as well as space and equipment for cooking, bathing, and toilet facilities, all used by, only one family and its household employees.
(f) “Easement” means authorization by a property owner for the use by another, and for a specified purpose, of any designated part of this property.
(g) “Engineer” means any person licensed to practice engineering in the State of Ohio, specifically a civil engineer as referred to in these regulations.
(h) “Flood plain” means the portion of a river or creek valley adjacent to the drainage channel which is periodically covered with water when the river or creek overflows its banks during flood stage.
(i) “Improvements” means any additions to the natural state of the land which increases its value or utility, including pavements, curbs, gutters, sidewalks, crosswalks, water mains, sanitary and storm sewers, landscaping and other appropriate facilities or plantings.
(j) “Lot” means a portion of a subdivision or other parcel of land intended as a unit for transfer of ownership and/or for building purposes or development. Such lot shall have frontage on a dedicated public street.
(k) “Major Thoroughfare Plan” means the Thoroughfare Plan adopted by the Village Planning Commission indicating the existing or recommended location for arterials, collectors and local streets within the corporate limits of the Village.
(l) “Maintenance bond” means an agreement in the form of a bond or other surety by a subdivider with the Village for the amount so determined by the Village Engineer to assure that public streets and facilities are maintained between time of completion by the subdivider and formal acceptance of dedication by the Village Council.
(m) “Mobile Home Subdivision” means a tract of land which is subdivided for sale of the individual lots.
(n) “Monuments” mean 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 street alignment.
(o) “Net acre” means land area which excludes all street, utility and railroad rights-of- way, and waterways.
(p) “Owner” means any individual, firm, association, syndicate, copartnership, corporation, trust, or other legal entity a having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under these regulations.
(q) “Pad” means a building site prepared by artificial means, including grading, excavation, or filling, or any combination thereof.
(r) “Performance Bond or other surety” means an agreement by a subdivider or developer in the form of a bond, certified check or letter of credit with the Village for the amount of the estimated construction cost guaranteeing the completion of physical improvements according to plans and specifications within the time pre scribed in the subdivider's or developer's agreement.
(s) “Plat” means the map, drawing, or chart on which the developer's plan of subdivision is presented to the Village Planning Commission for approval and, after such approval, to the County Recorder for recording.
(t) “Plat, final” means the final map, drawing or chart, and supplementary information, based upon the approved preliminary plat, in which the subdivider's plan is presented to the Village Planning Commission for approval and which. if approved, will be certified and submitted to the Recorder of Logan County.
(u) “Plat, preliminary” means the preliminary map, drawing, or chart, and supplementary information, on which the layout and design of a proposed subdivision is submitted to the Planning Commission for consideration and approval.
(v) “Right-of-way” means a strip of land taken or dedicated for use as a public way. In addition to the roadway or pavement, it normally incorporates the curbs, lawn strips, sidewalks, lighting, and drainage facilities.
(w) “Setback” means a line established by the zoning ordinance, generally parallel with and measured from the front lot line, defining the limits of a front yard in which no building or structure may be located above ground, except as may be provided in said code.
(x) “Street” means the paved portion within a right-of-way for vehicular traffic and designated as follows:
(1) “Arterial highway” means a general term denoting a highway primarily for through traffic, usually on a continuous route.
(2) “Collector street” means a thoroughfare, whether within a residential, industrial, commercial, or other type of development, which carries traffic from local streets to arterial highways, including the principal entrance streets of residential developments and primary circulation routes within such development.
(3) “Local street” means a street primarily for providing access to residential, commercial, or other abutting property.
(4) “Cul-de-sac” means a local street of relatively short length with one end open to traffic and the other end terminating in a vehicular turnaround.
(5) “Alley” means minor ways used primarily for vehicular service access to the back or side of properties abutting on other streets.
(6) “Marginal access street” means a local street parallel and adjacent to arterial highway, providing access to abutting properties and protection from the arterial highway.
(y) “Subdivider” means any individual, developer, firm, association, syndicate, copartnership, corporation, trust or any other legal entity commencing proceedings under these regulations to effect a subdivision of land hereunder for himself or for another.
(z) “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 purposes, 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 does not create additional building sites, shall be exempted; or the improvement of one or more parcels of land for residential, commercial, or industrial structures or groups of structures involving the division or allocation of land for the opening, widening or extension of any street or streets except private streets serving industrial structures; the division or allocation of land as open spaces for common use by owners, occupants or lease holders, as easements for the extension and maintenance of public sewer, water, storm drainage or other public facilities.
(aa) “Subdivision, minor” means a subdivision approved by the Village Planning Commission which does not require a plat and which is in conformance with the provisions of Section 1105.21
.
(bb) “Surveyor” means any person registered to practice surveying as defined by the Surveyor's Registration Act of the State of Ohio.
(cc) “Zoning Ordinance” means the zoning ordinance of the Village of Russells Point, Ohio. (Ord. 730. Passed 9-19-88.)