Saint Bernard City Zoning Code
TITLE THREE
Subdivision Regulations
1107.01 SHORT TITLE.
Title Three of Part Eleven shall be known as the Subdivision Regulations for the Village of St. Bernard, Ohio.
(Ord. 29-1967. Passed 9-7-67.)
1107.02 AUTHORITY.
The Planning Commission, having been established under Ohio R.C. 713.01, shall have the authority under Ohio R.C. 713.02 which enables the Commission to adopt regulations governing plats, plans, maps, of the whole or any portion of the municipal corporation.
(Ord. 29-1967. Passed 9-7-67.)
1107.03 PURPOSE.
These Subdivision Rules and Regulations are adopted to secure and provide for:
(a) The proper arrangement of streets or highways in relation to existing or planned streets or highways;
(b) Adequate and convenient open spaces for traffic, utilities, access for fire fighting apparatus, recreation, light and air; and
(c) The avoidance of congestion of population; and the establishment of standards for the construction of any and all improvements as herein required.
(Ord. 29-1967. Passed 9-7-67.)
1107.04 INTERPRETATION.
The provisions of these Subdivision Regulations shall be held to be the minimum requirements adopted for the promotion of public health, safety and general welfare of the Village. The Regulations are not intended to repeal, abrogate, annul or in any manner interfere with any existing laws, covenants or rules provided. Should these Regulations impose a greater restriction than is provided by existing laws, covenants or rules, the provisions of these Regulations shall prevail.
(Ord. 29-1967. Passed 9-7-67.)
(Ord. 29-1967. Passed 9-7-67.)
1107.05 JURISDICTION.
These Subdivision Regulations shall be applicable to all subdivisions hereinafter made of land located within the Village of St. Bernard, Ohio. No plat of a subdivision of land located within the Village shall be recorded until it shall have been approved by the Village Planning Commission, and the Director of Public Service and Safety and such approval shall have been entered in writing on the plat by the President and Secretary of the Commission.
(Ord. 29-1967. Passed 9-7-67; Ord. 24-2019. Passed 12-17-19.)
1107.06 CO-OPERATION.
The Village Planning Commission may co-operate with the Hamilton County Planning Commission or with any city, town, or village planning commission in the review of subdivisions occurring next to or within a reasonable distance of the corporate limits of the Village.
(Ord. 29-1967. Passed 9-7-67.)
1107.07 MODIFICATIONS.
Modifications to these Subdivision Regulations may be authorized by the Planning Commission in specific cases where, in its opinion, undue hardship may result from strict compliance. Any determination shall be based fundamentally in that unusual topographical and other exceptional conditions require such modification, and that granting of the modification will not adversely affect the general public nor nullify the intent of these Regulations. Application for any modification from these Regulations shall be filed in writing with the Commission by the subdivider simultaneously with the preliminary plan for the subdivision, and shall explain in detail the reason and facts supporting his application.
(Ord. 29-1967. Passed 9-7-67.)
1107.08 FEES.
(a) At the time of filing an application for approval of a plat, the application shall be accompanied by a certified check or money order payable to the Village of St. Bernard, in the amount of ten dollars ($10.00) plus twenty-five cents (25¢) for each lot in the proposed subdivision with a minimum total charge of fifteen dollars ($15.00) to cover the cost of checking and verifying the proposed plat.
(b) Upon acceptance of the application by the Planning Commission, the Secretary shall surrender the check or money order to the Village Auditor for deposit in the General Fund of the Village.
(Ord. 29-1967. Passed 9-7-67.)
1107.09 ADMINISTRATION.
These Subdivision Regulations shall be administered by the Planning Commission of the Village of St. Bernard, Ohio.
(Ord. 29-1967. Passed 9-7-67.)
1107.10 VALIDITY.
If any section, clause, provision or portion of these Subdivision Regulations shall be held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect any other section, clause, provision or portion of these Regulations.
(Ord. 29-1967. Passed 9-7-67.)
1109.01 GENERAL.
The following definitions represent the meaning of terms as they are used in these Subdivision Regulations. Words used in the present tense include the future; the singular number includes the plural and the plural the singular. The word shall is mandatory.
(Ord. 29-1967. Passed 9-7-67.)
1109.02 ALLEY.
“Alley” means a strip of land, dedicated to public use, primarily to provide vehicular service access to the side or rear of properties otherwise abutting on a street.
(Ord. 29-1967. Passed 9-7-67.)
1109.03 BUILDING SETBACK LINE.
“Building setback line” means a line indicating the minimum horizontal distance between the street right-of-way line and buildings, or any projection thereof other than steps and unenclosed porches.
(Ord. 29-1967. Passed 9-7-67.)
1109.04 VILLAGE.
“Village” means the Village of St. Bernard, Ohio.
(Ord. 29-1967. Passed 9-7-67.)
1109.05 COMMISSION.
“Commission” means the St. Bernard Planning Commission.
(Ord. 29-1967. Passed 9-7-67.)
1109.06 CROSSWALK.
“Crosswalk” means a ten foot right-of-way, publicly owned, cutting across a block in order to provide pedestrian access to adjacent streets or property.
(Ord. 29-1967. Passed 9-7-67.)
1109.07 CUL-DE-SAC.
“Cul-de-sac” means a short street, having one end open to motor traffic, the other end permanently terminated by a vehicular turn around.
(Ord. 29-1967. Passed 9-7-67.)
1109.08 DEAD END STREET.
“Dead end street” means a street having only one outlet for vehicular traffic and not containing a vehicular turn around.
(Ord. 29-1967. Passed 9-7-67.)
1109.09 DIRECTOR OF PUBLIC SERVICE AND SAFETY.
“Director of Public Service and Safety” means the Director of Public Service and Safety of St. Bernard, Ohio.
(Ord. 29-1967. Passed 9-7-67; Ord. 24-2019. Passed 12-17-19.)
1109.10 EASEMENT.
“Easement” means a grant by the property owner of the use of a strip of land by the public, or by one or more persons or corporations for a specific purpose.
(Ord. 29-1967. Passed 9-7-67.)
1109.11 IMPROVEMENTS.
“Improvements” means street grading and surfacing, with or without curbs and gutters, sidewalks, crosswalks, water main, sanitary and storm sewers, culverts, bridges, and street trees.
(Ord. 29-1967. Passed 9-7-67.)
1109.12 LOT.
“Lot” means a portion of a subdivision or other parcel of land intended as a unit for transfer of ownership or for development.
(Ord. 29-1967. Passed 9-7-67.)
1109.13 MASTER PLAN.
“Master Plan” means the complete plan, or any of its parts, for the development of the Village, prepared by the Planning Commission and the Village Officials, and adopted by Council.
(Ord. 29-1967. Passed 9-7-67.)
1109.14 PLAT.
“Plat” means a map, drawing, or chart upon which the subdivision plan is presented by the subdivider and which he submits for approval and intends to record in the final form.
(Ord. 29-1967. Passed 9-7-67.)
1109.15 PUBLIC UTILITIES.
“Public utilities” means all persons, firms, corporations, co-partnerships or municipal authority providing gas, electricity, water, steam, telephone, sewer or other services of a similar nature.
(Ord. 29-1967. Passed 9-7-67.)
(Ord. 29-1967. Passed 9-7-67.)
1109.16 RIGHT-OF-WAY.
“Right-of-way” means the width, between property lines, of a street, alley, crosswalk or easement.
(Ord. 29-1967. Passed 9-7-67.)
(Ord. 29-1967. Passed 9-7-67.)
1109.17 ROW-HOUSE BUILDING.
“Row-house building” means a building containing a row of two or more attached single family dwelling units, each unit being separated from the adjoining units in each story by one hour fire resistive walls without openings, and each unit having independent access to the exterior of the building in the ground story.
(Ord. 29-1967. Passed 9-7-67.)
1109.18 ROW-HOUSE.
“Row-house” means a single family dwelling unit which is a part of a row-house building.
(Ord. 29-1967. Passed 9-7-67.)
1109.19 ROW HOUSE: LOT-EXTERIOR.
“Row-house: lot-exterior” means a lot which is or is intended to be a site for a row-house with a similar row-house attached on only one side.
(Ord. 29-1967. Passed 9-7-67.)
1109.20 ROW-HOUSE: LOT-INTERIOR.
“Row-house: lot-interior” means a lot which is or is intended to be a site for a row-house with a similar row-house attached on each side.
(Ord. 29-1967. Passed 9-7-67.)
1109.21 STREET, MAJOR.
“Street, major” means a street or highway used primarily for fast or heavy traffic, including expressways and freeways.
(Ord. 29-1967. Passed 9-7-67.)
1109.22 STREET, MINOR.
“Street, minor” means a street intended primarily to provide pedestrian and vehicular access to abutting properties.
(Ord. 29-1967. Passed 9-7-67.)
1109.23 STREET, SECONDARY.
“Street, secondary” means a street or highway which is intended to carry traffic from minor streets to the major streets. Secondary streets are usually the principal entrance streets to residential developments and the streets for circulation within the developments.
(Ord. 29-1967. Passed 9-7-67.)
1109.24 SUBDIVIDER.
“Subdivider” means any person, individual, firm, partnership, association, corporation, estate, trust, or any other group or combination acting as a unit, dividing or proposing to divide land so as to constitute a subdivision as herein defined, and includes any agent of the subdivider.
(Ord. 29-1967. Passed 9-7-67.)
1109.25 SUBDIVISION.
“Subdivision” means the division of a lot, tract, or parcel of land into two or more lots, tracts or parcels of land for the purpose, whether immediate or future, of sale or of building development, provided, however, that the division or partition of land into parcels of more than five acres not involving any new streets or easements of access, and the sale or exchange of parcels between adjoining lot owners, where such sale or exchange does not create additional building sites, shall be exempted. The term subdivision includes any plat or plan which includes the creation of any part of one or more streets, easements, or other such lots; or the creation of new or enlarged parks, playgrounds, plazas or open spaces; and includes the re-subdivision of any previously platted tract.
(Ord. 29-1967. Passed 9-7-67.)
1109.26 THOROUGHFARE PLAN.
“Thoroughfare plan” means that part of the Master Plan which sets forth the location, alignment and dimensions of existing and proposed public streets, highways and other thoroughfares.
(Ord. 29-1967. Passed 9-7-67.)
1111.01 STREETS AND ALLEYS.
(a) Conformity with Village Plan. The arrangement, character, extent, width and location of major, secondary and minor streets or highways shall conform with the Thoroughfare Plan for the Village and with the provisions of these Subdivision Regulations. Streets not contained in the Thoroughfare Plan shall conform to the recommendation of the Planning Commission based on existing and planned streets, topography, public safety and convenience, and proposed uses of land.
(b) Arrangement. Residential streets shall be designed to discourage through traffic which may otherwise use secondary or major streets, and whose origin and destination are not within the subdivision.
Where a railroad crossing is involved the plan of the subdivision will be considered in its relation to the probability of grade separation or other treatment, and may be required to conform to certain conditions in anticipation of such treatment. Where the subdivision adjoins a railroad right-of-way and the Master Plan indicates that such property will be used for industrial purposes, streets, in the same general direction as the railroad shall be as nearly parallel to such railroad right-of-way as may be practicable.
(c) Cul-de-sacs. The maximum length of a cul-de-sac shall be 600 feet. Each cul-de- sac shall be provided with a turn around having a minimum right-of-way radius of fifty feet. The road surface within the cul-de-sac right of way shall have a minimum radius of forty feet.
(d) Intersections. Streets shall intersect one another at an angle as near to a right angle as possible, and no intersections of streets at angles less than sixty degrees shall be approved.
(e) Width and Pavement. Unless otherwise shown on the Master Plan, the following standards shall be followed:
Major Streets | Right of Way Width (Feet) | Pavement Back Curb (Feet) |
Primary-dual roadway | 120 | 70 |
Primary-single roadway | 90 | 64 |
Secondary | 80 | 38 |
Minor Streets | ||
Multiple Dwelling Use | 60 | 38 |
Single-family dwelling use | 50 | 27 |
Alleys | 20 | |
Pedestrian Ways | 10 | |
Sidewalks | 5 | |
(f) Street Grades. The grades in all streets, alleys, and pedestrian ways included in any subdivision shall not be greater than the maximum grades as follows, except where topographical conditions unquestionably justify or departure from this maximum. All streets shall have a grade of not less than five tenths of one percent (0.5%).
Type of Street | Maximum Grade |
Major Streets | |
Primary | 5% |
Secondary | 7% |
Minor Streets | 10% |
Cul-de-sacs | 10% |
Alleys | 10% |
Pedestrian Ways | 12% |
(g) Street Alignment. The horizontal and vertical alignment on all streets except in unusual cases, shall be as follows:
(1) Horizontal. Radii of center line.
Major Streets | |
Primary | 500 feet minimum |
Secondary | 300 feet minimum |
Minor Streets | 200 feet minimum |
There shall be a tangent between all reversed curves of a length in relation to the radii of the curves so as to provide for a smooth flow of traffic. In no case shall this distance be less than 100 feet.
(2) Vertical. All changes in street grade shall be connected by vertical curves of such length as to provide for the minimum sight distances as follows:
Major Streets | |
Primary | 500 feet |
Secondary | 300 feet |
Minor Streets | 200 feet |
(h) Street Names. Names of new streets shall not duplicate existing or platted streets. New streets which are extensions of or in alignment with existing streets shall bear the name of the existing streets.
(i) House Numbers. House numbers shall be assigned in accordance with the house numbering system now in effect in the Village.
(j) Dedication. Approval of a plat shall not be an acceptance by the public of the dedication of any street, highway or other way shown on the plat.
(k) Dead-end Streets. Dead-end streets, designed to be so permanently shall not be permitted.
(l) Half-Streets. Dedication of half-streets shall be discouraged. Where there exists a dedication or platted half-street or alley adjacent to the tract to be subdivided, the other half street shall be platted if deemed necessary by the Commission.
(m) Alleys. Alleys shall not be permitted in residential areas. In commercial and industrial areas, alleys shall be required if no other provisions are made for adequate service access such as off-street parking and loading. Dead-end alleys shall not be permitted.
(n) Visibility. A twenty foot area of unobstructed vision at all corners of any street intersection shall be provided. The area shall be kept clear of all structures and vegetation exceeding a height of two and one-half feet above the curb line.
(o) Easements. Easements shall have a minimum width of five feet on each side of a lot line or such additional width as may be required for necessary access to the utility involved or to accommodate face drainage. A two foot easement shall be required on each side of an alley to accommodate pole lines. Easements shall be located along rear or side lot lines or along alleys. For lots facing on curvilinear streets, the rear easement should consist of straight lines with a minimum number of points of deflection.
Where a subdivision is traversed by a water course, drainage way, channel, or stream, there shall be provided a storm water easement or drainage right-of-way conforming substantially with the lines of such water course, and such further width or construction that will be adequate for such purpose.
(Ord. 29-1967. Passed 9-7-67.)
(Ord. 29-1967. Passed 9-7-67.)
1111.02 BLOCKS.
(a) Length. Block length should not exceed 1,500 feet nor be less than 500 feet. A pedestrian crosswalk not less than ten feet wide may be required, in blocks longer than 750 feet if necessary to provide proper access to schools, shopping centers or other community facilities.
(b) Width. The width of blocks shall be planned to provide two rows of lots.
(c) Nonresidential Blocks. Blocks intended for business and industrial use should be specifically designed for such purpose with adequate space set aside for off-street parking and loading facilities.
(Ord. 29-1967. Passed 9-7-67.)
(Ord. 29-1967. Passed 9-7-67.)
1111.03 LOTS.
(a) Location. All lots shall abut by their full frontage on a public street.
(b) Size. Lot dimensions and areas shall be no less than shown in the Village Zoning Ordinance under the following:
(1) Chapter 1143 R-1 One Family Residence District
(2) Chapter 1145 R-2 One and Two-Family Residence Districts
(3) Chapter 1147 R-3 Multi-Family Residence District
(4) Chapter 1177 Yard Modifications
(5) Chapter 1179 Yard Projections
(c) Lot Lines. Side lot lines shall be approximately at right angles to the street or radial to curved streets. On large lots and except when indicated by topography, lot lines shall be straight.
(d) Setback. A minimum twenty-five foot setback line measured from the property line shall be required in all subdivisions unless larger setback are required by the Zoning Ordinance, plot restrictions, or other existing covenants or laws. A minimum thirty-five foot set-back shall be required on all major or secondary thoroughfares. This setback shall be measured from the thoroughfare right of way line as shown on the Thoroughfare Plan of the Village whether the right of way line as shown on the Thoroughfare Plan is presently existing or not.
(e) Screen Planting Easement. A screen planting easement may be required between residential and commercial or industrial lots.
(Ord. 29-1967. Passed 9-7-67.)
1111.04 PUBLIC SITES AND OPEN SPACES.
Where the subdivision contains a proposed park, school, or other public area which is shown upon the Master Plan for the Village, such area shall either be dedicated to the proper public agency or it shall be reserved for acquisition thereby, within a three year period after approval of the final plat by a purchase, or by normal condemnation procedure or other means. If the land is not acquired during this period it shall be released to the subdivider.
Due regard shall be shown for preserving outstanding natural features such as scenic spots, water courses or exceptionally fine groves of trees. Dedication to and acceptance by a public agency is normally the best means of assuring their preservation.
Whenever any river, stream or important surface drainage course is located in the area being subdivided, the subdivider shall provide an adequate easement along each side of the river, stream or drainage course for the purpose of widening, deepening, relocating, improving or protecting the river, stream or drainage course for drainage or recreational use.
(Ord. 29-1967. Passed 9-7-67.)
1111.05 LAND SUBJECT TO FLOODING OR CONTAINING POOR DRAINAGE FACILITIES.
The right is reserved to disapprove any subdivision which is subject to periodic flooding or which contains extremely poor drainage facilities. However, if the subdivider agrees to make such improvements as will make the area completely safe for residential occupancy, the subdivision may be approved.
(Ord. 29-1967. Passed 9-7-67.)
1113.01 REQUIREMENTS.
(a) Before giving final approval to any subdivision, the Planning Commission will require that improvements as hereinafter listed are either:
(1) Constructed and in place;
(2) Assured of completion by the deposit with the Village of a certified check in an amount sufficient to construct such improvements, such amount to be determined by the Village Engineer;
(3) Assured of completion by the posting of a bond with the Village in an amount sufficient to construct such improvements, such amount to be determined by the Village Engineer. Such amount shall not exceed the cost of the improvements determined by competitive bids, and the form and surety of the bond; or
(4) By such other means that may be approved by the Director of Public Service and Safety which will assure the proper installation of the required improvements.
(b) The improvements required shall be:
(1) Street and alley grading and surfacing;
(2) Curbs and gutters, where required;
(3) Sidewalks;
(4) Storm sewers, culverts and bridges, where required;
(5) Sanitary sewers, where required;
(6) Water mains;
(7) Crosswalks, where required;
(8) Street trees should be provided but are not required; and
(9) Monuments as required by Appendix A of these Subdivision Regulations.
(c) No improvements shall be made unless and until all necessary plans, profiles and specifications therefor shall have been approved by the Village Engineer. All improvements shall be constructed equal to or better than the standards of quality as set forth in Appendix A of these Subdivision Regulations and/or as otherwise specified by the Village Engineer.
(Ord. 29-1967. Passed 9-7-67; Ord. 24-2019. Passed 12-17-19.)
1113.02 EXTENSION OF TIME.
(a) If the construction or installation of any improvements or facilities for which guarantee has been made by the developer in the form of bond or cash deposit, is not completed within one year from the date of approval of the final plat, the developer may request an extension of time provided he can show reasonable cause for inability to complete said improvements within the required time. The extension may not exceed one year, at the end of which time the Village will use as much of the bond or cash deposit as may be necessary to construct the improvements.
(b) The same shall apply whenever construction of improvements is not performed in accordance with applicable standards and specifications.
(Ord. 29-1967. Passed 9-7-67.)
1113.03 INSTALLMENT AGREEMENTS.
When a cash deposit or performance bond are made pursuant to the preceding sections, the Village and the subdivider shall have the authority to enter into a written agreement itemizing the several phases of the construction or installation in sequence with an amount opposite each phase, provided that each amount so listed may be repaid to the subdivider upon completion and approval after inspection of the particular phase of such work, represented by said amount. However, ten percent (10%) of the cash deposit or performance bond shall not be released to the subdivider until all construction and installation covered by the deposit or bond as outlined in the subdividers contract is completed, inspected and accepted by the respective governmental authorities.
(Ord. 29-1967. Passed 9-7-67.)
1113.04 INSPECTIONS.
Periodic inspections during the installation of improvements shall be made by the Village to insure conformity with the approved plans and specifications as contained in the subdividers contract. The subdivider shall notify the Village Engineer when each phase of the improvement is ready for inspection. Upon acceptable completion of installation of the required improvements, the Village Planning Commission shall issue a letter to the subdivider and such letter shall be sufficient evidence for the release by the Village of the portion of the cash deposit or surety bond as designated in the subdivider’s contract for the completed improvements.
(Ord. 29-1967. Passed 9-7-67.)
1113.05 ACCEPTANCE.
When proper administrative officials, following final inspection of a subdivision, certify to the Director of Public Service and Safety that all improvements have been constructed in accordance with the specifications contained herein, the Director may proceed to accept the facilities.
(Ord. 29-1967. Passed 9-7-67; Ord. 24-2019. Passed 12-17-19.)
1115.01 GENERAL.
(a) Prior to the preparation of the preliminary plan, the subdivider should seek the assistance of the Planning Commission in order that he may become familiar with subdivision requirements and with Proposals of the Thoroughfare Plan for the Village, affecting the territory in which the proposed subdivision is located.
(b) The purpose of the preliminary plan is to show, on a map, all the facts which may enable the Commission to determine whether the proposed layout of the land is satisfactory from the standpoint of public interest. The plan shall be prepared by a registered surveyor or registered engineer.
(Ord. 29-1967. Passed 9-7-67.)
(Ord. 29-1967. Passed 9-7-67.)
1115.02 FILING.
The subdivider shall prepare and file an application for preliminary approval with the Planning Commission, and copies of the preliminary plan as may be required by the Commission according to the standards and other provisions of these Subdivision Regulations. The preliminary plans shall be considered officially filed after it is examined by the Secretary of the Commission and is found to be in full compliance with the formal provisions of these Regulations.
(Ord. 29-1967. Passed 9-7-67.)
1115.03 APPROVAL.
The Planning Commission shall, within three days after the filing of the preliminary plan, transmit copies of the plan to the Village Engineer, and/or Village Board of Health for their study and recommendations.
After receiving a written report from each of the aforementioned officials with their recommendations, the Commission shall determine whether the preliminary map shall be approved, approved with modifications, or disapproved. The subdivider will be notified of the action of the Commission in writing and any necessary modifications required shall be indicated in writing.
(Ord. 29-1967. Passed 9-7-67.)
(Ord. 29-1967. Passed 9-7-67.)
1115.04 FORM.
The preliminary plan shall be clearly and legibly drawn. The size of the map shall not be less than twelve inches by eighteen inches. The map of a subdivision containing six acres or less shall be drawn at a scale of one inch equals fifty feet. All other subdivisions shall be drawn at a scale of one inch equals 100 feet, unless otherwise required by the Planning Commission.
(Ord. 29-1967. Passed 9-7-67.)
1115.05 MAP CONTENTS.
(a) The preliminary plan shall contain the following information:
(1) Proposed name of the subdivision. The name shall not duplicate, be the same in spelling, or alike in pronunciation with any other recorded subdivision.
(2) Location by section, town, range, township, county and state.
(3) Names and addresses of the subdivider, owner and surveyor.
(4) Scale of the plan, north point and date.
(5) Boundaries of the subdivision indicated by a heavy line and the approximate acreage.
(6) Location, widths and names of existing or platted streets, railroad right-of- way, easements, parks, permanent buildings, section and corporation lines.
(7) Zoning Districts, if any.
(8) Drainage channels, wooded areas, power transmission poles and lines, and any other significant items should be shown.
(9) Vicinity sketch.
(Ord. 29-1967. Passed 9-7-67.)
1115.06 OTHER INFORMATION.
Other information required but that does not need to be on the plat drawing is as follows:
(a) Statement of the proposed use of lots, stating type of residential buildings with number of proposed dwelling units; type of business or industry; so as to reveal the effect of the development on traffic, fire hazards, or congestion of population.
(b) Proposed covenants and restrictions.
(c) Source of water supply.
(d) Provisions for sewage disposal, draining and flood control.
(e) If any zoning change are contemplated, the proposed zoning plan for the areas, including dimensions.
(Ord. 29-1967. Passed 9-7-67.)
1117.01 GENERAL.
The final plan shall conform to the preliminary plan, and it may constitute only that portion of the approved preliminary plan which the subdivider proposes to record and develop at the time, provided that such portion conforms with all the requirements of these Subdivision Regulations.
(Ord. 29-1967. Passed 9-7-67.)
1117.02 FILING.
(a) The final map shall be filed not later than twelve months after the date of approval of the preliminary plan, otherwise it will be considered void unless an extension is requested by the developer.
(b) The final plan shall be considered officially filed after it is examined by the Secretary of the Planning Commission and is found to be in full compliance with the formal provisions of these Subdivision Regulations. The final plan shall be filed at least five working days prior to the meeting at which it is to be considered.
(Ord. 29-1967. Passed 9-7-67.)
1117.03 APPROVAL.
(a) After receiving notice of the action of the Planning Commission as to the approval of the preliminary plan, the subdivider may proceed to file:
(1) Copies of the final map as may be required by the Commission.
(2) A written application for final approval.
(3) Cross-sections and profiles of streets and all other construction drawings related to the improvements to be constructed in the subdivision.
(b) The Commission shall, within three days after the filing of the final plan, transmit copies of the plan to the Village Engineer, and/or the Village Board of Health for their final study and recommendations. The cross-sections and all other construction drawings shall also be forwarded to the Village Engineer.
(c) After receiving a report from each of the aforementioned officials, the Commission shall notify the subdivider of any recommended changes or suggestions so that the subdivider may correct the final tracing and submit same for final approval.
(d) The final tracing shall be submitted at least five workings days prior to the meeting at which the plan to be considered by the Commission.
(e) The Commission shall take action on the final plan in the form of a tracing within thirty days after same has been officially filed; otherwise, said plat shall be deemed to have been approved. The certificate of the Commission as to the date of the submission of the plat for approval, and the failure to take action within such time, shall be sufficient in lieu of the written endorsement or evidence of approval herein required. If disapproved, the ground for disapproval of the final plan shall be stated on the record of the Commission, including the reference to the regulation violated by the plan.
(f) The subdivider shall be notified of the final action of the Commission, and he shall record the final plan in the office of the Recorder of Hamilton County, State of Ohio, within sixty days after the date of approval; otherwise, the plan shall be considered void. The subdivider shall immediately upon recording, furnish the Commission with photolithoprints and photostats of the recorded plat as may be required.
(Ord. 29-1967. Passed 9-7-67.)
1117.04 FORM.
The final plan shall be clearly and legibly drawn. The size of the map shall not be less than twelve inches by eighteen inches. The map of a subdivision containing six acres or less shall be drawn at a scale of one inch equals fifty feet. All other subdivisions shall be drawn at a scale of one inch equals 100 feet, unless otherwise required by the Planning Commission.
(Ord. 29-1967. Passed 9-7-67.)
1117.05 MAP CONTENTS.
(a) The final plan shall contain the following information:
(1) Name of the subdivision. Location by section, town, range, township, county, state, scale, date and north point.
(2) All plat boundaries with length of courses to 1/100 feet and bearings to half minutes. When required by the Village Engineer, all calculations and field notes shall be submitted.
(3) Existing contours with intervals of not more than five feet, where the slope is greater than ten percent (10%) and not more than two feet where the slope is less than ten percent (10%). Elevations are to be based on sea level datum.
(4) Bearings and distances to the nearest established street lines, section corners or other recognized permanent monuments, which shall be accurately described on the plat.
(5) Municipal, township, county or section lines accurately tied up to the lines of the subdivision by distances and bearings.
(6) Names of streets within the adjoining plat.
(7) Length of all arcs, chord and chord bearings, radii, internal angles, points of curvature, and tangent bearings.
(8) All easements for right-of-way provided for public services or utilities, and any limitations of such easements.
(9) All lot numbers and lines, with accurate dimensions in feet and hundredths, and with bearings or angles to street and alley or crosswalk way lines.
(10) Accurate location of all monuments.
(11) Accurate outlines of any areas to be dedicated or temporarily reserved for public use with the purpose indicated thereon.
(12) Building setback lines, with dimensions.
(13) When lots are located on a curve or when side lot lines are at angles other than ninety degrees, the width at the building lines shall be shown.
(Ord. 29-1967. Passed 9-7-67.)
1117.06 OTHER INFORMATION.
Other information is as follows:
(a) Protective covenants shall be shown on the plat or appropriately referenced thereto.
(b) A statement by the Village Engineer shall be required stating that the improvements have been completed to his satisfaction and according to standards, or a statement stating that bond has been posted covering the cost of improvements.
(c) If a zoning change is involved, certification from the Planning Commission shall be required indicating that the change has been approved and is in effect.
(d) Certification by a registered surveyor or registered engineer to the effect that the plan represents a survey made by him, and that all monuments shown thereon actually exist and that their location is correctly shown.
(e) An acknowledgment by the owner or owners of his or their adoption of the plat, and dedication of streets and other public areas.
(Ord. 29-1967. Passed 9-7-67.)
APPENDIX A
Section 1 General.
The minimum requirements which a subdivider shall be required to make in a subdivision prior to approval of the final map by the Planning Commission and Director of Public Service and Safety shall be as prescribed in the forgoing provisions.
Section 2 Streets.
The subdivider shall provide streets and alleys completed to grades shown on plans, profiles and cross sections. Such plans, profiles and cross sections shall be a part of or accompany the preliminary plat and shall be approved by the Village Planning Commission and Director of Public Service and Safety before construction begins.
The streets shall be graded to the dimensions required by the cross sections prescribed for such streets by the Thoroughfare Plan. The streets shall be surfaced in the manner prescribed by the Village Engineer. Copies of specifications for street surfacing may be obtained from the Village Engineer.
Section 3 Sidewalks.
Sidewalks shall have a width of four feet and shall be required on both sides of a street in all subdivisions where all lots have either a width of less than eighty feet at the building line, or where the area is less than fifteen thousand square feet. The Planning Commission may require that sidewalks be constructed where lot frontage is greater than eighty feet where they may be essential to pedestrian movement and safety. Sidewalks shall be constructed in all instances along secondary or primary highways as indicated on the Thoroughfare Plan.
Section 4 Storm Drainage.
Storm drainage including drain tile around basements shall not be permitted to empty into any sanitary sewer.
Where a public storm sewer is reasonably accessible, as determined by the Village Engineer, the subdivider shall connect with such storm drainage system and shall do such grading and provide such drainage structures as may be required.
Where a public storm water system is not reasonably accessible, as determined by the Planning Commission, but where the plans fit the storm water drainage system of the district in which the subdivision is located have been prepared and officially approved, the subdivider shall install drainage facilities as may be required by the Village Engineer in conformity with such official plans.
If the subdivision is in an area where the public storm water system is not available, the subdivider shall do such grading and provide such drainage structures as may be required by the Village Engineer.
Whenever the construction of streets and necessary storm water system in a subdivision is such that direction of storm water flow is diverted to affect surrounding properties, the develop shall obtain sufficient drainage easements to provide adequate disposal of the storm water.
Section 5 Sewage Disposals.
(a) Sanitary Sewers: If a subdivision can be reasonably sewered by the extension of an existing public sanitary sewer, as determined by the Planning Commission, the subdivider shall provide lateral connections for each lot. Whenever main sewer and water lines are installed, sewer and water shall be extended to the property lines.
Section 6 Water Supply.
Where public water supply is within reasonable distance as determined by the Village Engineer, the subdivider shall construct a system of water mains and connect with such water supply and provide a connection for each lot.
Section 7 Survey Monuments.
A complete survey shall be made by a registered engineer or a registered surveyor.
The traverse of the exterior boundaries of the tract and of each block, when computed from field measurements of the ground, shall close within a limit of error of one foot to 10,000 of the perimeter before balancing the survey.
The subdivider shall install monuments of concrete with a diameter of not less than six inches and a length of thirty-six inches, cast in place with a copper dowel three-eighths of an inch in diameter, imbedded so that the top of the dowel shall be not more than one-quarter inch above the surface and at the center of the monument.
Monuments shall be set so that the top is level with the established grade adjoining it and placed so that the marked point on the metal center shall coincide exactly with the intersection of all angles in the boundary line and at the beginning and ending of all curves along streets on the inside street lines.
The intersection of street property lines and lot corners not marked by concrete monuments as required above, shall be marked by galvanized or wrought iron pipe, or iron or steel bars at least two feet in length and not less than five-eights inch in diameter, the top of the pipe or bar to be set level with the established grade of the ground adjoining it.
Section 8 Row-House or Town-House.
A plat of subdivision prepared for the purpose of recording row-house lots shall contain the following covenants which shall run with the land.
(a) The owner of a row-house, his agents, employees, contractors and their employees, may enter upon an abutting lot for the purpose of making necessary exterior repairs to his row-house but if any damage is done thereby, he shall restore the premise of the abutting lot to their former condition.
(b) Exterior colors of a row-house, its features and trim applied or specified by the developer, who may apply or specify colors as illustrated in Federal Standards: Color TT-C595; 1956 or as subsequently amended, may not be changed unless a majority of the owners of the abutting row-houses under a common roof agree in writing to such changes in the colors that were applied or specified by the developer.
(c) No fence, over eighteen inches high, car port, garage, shed, or other structure shall be erected in the front yard of a row-house or the side yard of an exterior lot.
(d) No driveway is permitted and no car is permitted to be placed on any part of the front yard of a row-house. A driveway is permitted for each lot, but the width of the driveway shall not exceed eight feet. No other yard space may be used for the standing of vehicles other than the driveway permitted on rear of lot.
(e) Any radio or television antenna erected on a individual row-house shall not be more than ten feet above the highest point of the roof nor larger than five feet in any horizontal dimension.
(f) Each owner shall maintain his property in good repair including, but not limited to, the removing of dead plant material, the regular mowing of grass, the keeping of the wood and metal surface properly painted and free of blisters, and the proper maintaining of all gutters, roofs, walls, sidewalks and steps.
(g) No change may be made in the exterior material used for the exterior walls, doors, windows, trim and roof unless a majority of the owners of the abutting row-houses under a common roof agree in writing to such change.
(h) The forgoing are covenants which run with the land and shall be binding to the fullest extent possible by law on the owners of the lots depicted on this plat. Said covenants shall be enforceable by (the developer) the owner of any lot depicted of this plat and the Village of St. Bernard or any one or all of them in any manner provided by law including, without limiting the generality of the foregoing, by action for specific performance or injunctive relied. In addition, the owners of two or more row-houses, in the event of default by an owner or owners of a row-house within the same row-house building to observe and comply with the covenants set forth, shall have the right to go upon the row-house lot of the defaulting owner and to perform, or have performed, the work necessary or desirable to comply with the covenants set forth and to recover cost thereof from said defaulting owner. Each owner of a row-house lot depicted on this plat. specifically agrees by the purchase of said lot to reimburse the owners of any row--house lots depicted on this plot, for work done on his row-house lot pursuant to this covenant.
Lot Area (square feet) | ||||
Maximum Height | Minimum Lot Area | Minimum Lot Area Per D.U. | Minimum Front Yard | Minimum Rear Yard |
2 times the distance from building line to center line of street | 5000 | efficiency 400 | 1 and 2 story | 25 feet |
intermed 550 | 20 feet | Add 3 feet per story | ||
regular 550 | Add 2 feet per story above second. | |||
Minimum Side Yards | ||
Stories | Least Width | Sum of Least Width |
1 and 2 | 5 feet | 12 feet |
over 2 stories | Add 3 feet per story | Add 6 feet per story |
(Ord. 29-1967. Passed 9-7-67; Ord. 24-2019. Passed 12-17-19.)