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Steubenville City Zoning Code

TITLE THREE

Subdivision Regulations

1111.01 TITLE.

   These regulations shall be known as and may be cited as the Subdivision Regulations of the City of Steubenville, Ohio, or just the Subdivision Regulations.

1111.02 PURPOSE AND OBJECTIVES.

   There is hereby established subdivision standards and procedures for the City and such of its environs as come under the jurisdiction of the Planning and Zoning Commission as such standards and procedures are set forth in Ohio Revised Code, Chapter 711. These Regulations are part of a long range general City plan to guide and facilitate the orderly and beneficial growth of the community and to promote the public health, safety, convenience, comfort, prosperity and general welfare. More specifically, the purposes and objectives of these Regulations are to provide a guide for the change that occurs when lands in acreage become urban in character as a result of development for residential, business, industrial or similar purposes; to provide assurance that the purchasers of lots are buying a commodity that is suitable for development and use; and to make possible the provision of public services in a safe, adequate and efficient manner.

1111.03 JURISDICTION.

   All plats of proposed subdivisions of any lot, tract or parcel of land that is located within the City, or within the City's three-mile area of jurisdiction, as defined in Ohio Revised Code 711.09, shall be submitted to the Planning and Zoning Commission for review and approval in accordance with the procedures described herein.

1111.04 MUNICIPAL ZONING APPLICABILITY.

   Nothing contained in these Regulations shall relieve the Subdivider from complying with the applicable provisions of the Zoning Code. It is the expressed intent that these Regulations and the Zoning Code be reinforceable and together foster the purposes and objectives as stated herein. In areas outside the City limits but within the City's three-mile area of jurisdiction not subject to Zoning Code regulations, the subdivider shall place upon such plat suitable restrictions comparable to those of the Zoning Code standards for similar areas in order to insure a harmonious and orderly development.

1111.05 EFFECT OF REGULATIONS.

   No subdivision of any lot, tract or parcel of land shall be made, no street, sanitary sewer, storm sewer, water main or other improvements in connection therewith shall be laid out, constructed, opened or dedicated for public use or travel except in accordance with the provisions of these Regulations. No lot in a subdivision may be sold and no building permit may be issued unless and until a Final Plat of such subdivision shall have been approved by the Planning Commission, and properly recorded in the Office of the Jefferson County Recorder of Deeds, and until improvements required by these Regulations in connection with said plat have either been constructed or guaranteed as herein provided. The disapproval of any such plat by the Commission shall be deemed a refusal of the privilege to record said plat.

1113.01 DEFINITIONS OF WORDS AND TERMS.

   For the purpose of these Subdivision Regulations, certain words and terms used herein shall be interpreted or defined as follows in this Chapter.

1113.02 INTERPRETATION.

   Words used in the present tense include the future tense; the singular includes the plural and the plural the singular; and the masculine gender includes the feminine and neuter. The words "applicant", "person", "subdivider", "developer" and "owner" include a corporation, unincorporated association and a partnership, or other legal entity, as well as an individual. The word "street" includes thoroughfare, avenue, boulevard, court, expressway, highway, arterial and road. The word "building" includes structures and shall be construed as if followed by the phrase "or part thereof." The words "occupied" or "used", as applied to any building or premises, shall be construed as if followed by the phrase "or intended, arranged or designed to be occupied or used." The word "watercourse" includes channel, creek, ditch, drain, dry run, river, spring and stream, whether permanent or intermittent, whether natural or man-made. The word "approve" shall be construed as if followed by the phrase "or disapprove." The words "should" and "may" are permissive; the words "must", "shall" and "will" are mandatory and directive. Any reference to "these Subdivision Regulations" or just "these Regulations" includes all ordinances amending or supplementing the same. All distances and areas refer to measurements in a horizontal plane. Where terms or words are not defined, they shall have their ordinarily accepted meanings or such that the context may imply.

1113.03 SPECIFIC TERMS.

   (a)   Terms or words used herein, unless otherwise expressly stated, shall have the following meaning:
      (1)   "Access drive" means a paved surface, other than a public street or way, which provides vehicular access from a street or way to a lot.
      (2)   "Active play area" means an area designated and constructed for outdoor recreational amenities, as a part of usable open space and equipped with playground apparatus.
      (3)   "Block" means a tract of land, a lot or groups of lots, bounded by streets, public parks, railroad rights-of-way, watercourses, municipal boundary lines, unsubdivided land or by any combination of the above.
      (4)   "Building" means any combination of materials forming any structure which is designed, intended or arranged for the housing, sheltering, enclosure, or structural support of persons, animals, or property of any kind.
      (5)   "Building setback line" means the line within a property defining the required minimum distance between any enclosed structure and the adjacent right-of-way.
      (6)   "Cartway" means the improved surface of a street right-of-way which is available for vehicular traffic, including parking lanes but excluding shoulders or drainage swales.
      (7)   "Clear sight distance" means a line of unobstructed vision from a given point above the center line of a street to a point on the same center line.
      (8)   "Clear sight triangle" means an area of unobstructed vision at a street intersection defined by lines of sight between points at a given distance from the intersection of the street center lines.
      (9)   "Commission or Planning Commission" means the Planning and Zoning Commission of the City of Steubenville.
      (10)   "Common or usable open space" means a parcel or parcels of land or an area of water, or a combination of land and water within a subdivision site and designed and intended for the use or enjoyment of residents of the particular subdivision, not including streets, off-street parking areas and areas set aside for public facilities. Common or usable open space shall be substantially free of structures but may contain such improvements as are in the plat as finally approved and as are appropriate for the recreation of residents.
      (11)   "Council or City Council" means the governing body of the City of Steubenville.
      (12)   "Cul-de-sac" means a street intersecting another street at one end and terminating at the other in a vehicular turnaround.
      (13)   "Cut" means any artificial or mechanical act by which earth, sand, gravel, rock or any other material is removed during excavation and includes the conditions resulting therefrom; the difference in elevation between a point on the original ground and a designated point of lower elevation on the final grade; the material removed during excavation.
      (14)   "Developer" means any landowner, agent of such landowner or tenant with the permission of such landowner, who makes or causes to be made a subdivision or development of land.
      (15)   "Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, streets and other paving, utilities, cutting or filling, grading, excavating and the subdivision of land.
      (16)   "Drainage" means the flow of water or sewage and the methods of directing such flow.
      (17)   "Driveway" means a private means of vehicular access from a public or private street to a single lot.
      (18)   "Easement" means a right granted for the use of private land for certain public or semi-public purposes, such as utilities, drainage, access or other purposes, and also the land to which such right pertains.
      (19)   "Engineer, City" means a professional engineer employed by the City or any consultant designated by City Council to perform the duties of City Engineer.
      (20)   "Engineering Geologist" means a full member in good standing of the Association of Engineering Geologists or the American Institute of Professional Geologists.
      (21)   "Engineer, Professional" means a person duly licensed as a professional engineer by the State of Ohio.
      (22)   "Excavation" means any artificial or mechanical act by which earth, sand, gravel, rock or any other material is dug into, cut, quarried, uncovered, removed, displaced, relocated or bulldozed and includes the condition resulting therefrom.
      (23)   "Fill" means any artificial or mechanical act by which earth, sand, gravel, rock or any other material is placed, pushed, dumped, pulled, transported or moved to a new location above the natural surface of the ground or on top of the stripped surface and includes the conditions resulting therefrom; the difference in elevation between a point on the original ground and a designated point of higher elevation on the final grade; the material used to make a fill.
      (24)   "Governing body" means the City Council of the City of Steubenville.
      (25)   "Gross residential density" means the number of dwelling units per acre or fraction thereof computed by dividing the site area, exclusive of public rights-of-way and common open space, into the total number of proposed dwelling units.
         A.   "High density" means a residential subdivision in which the gross residential density is equal to or greater one (1) dwelling unit per 7,499 square feet.
         B.   "Medium density" means a residential subdivision in which the gross residential density is between 7,500 and 9,999 square feet per dwelling unit.
         C.   "Low density" means a residential subdivision in which the gross residential density is equal to or less than one (1) dwelling unit per 10,000 square feet.
      (26)   "Health Department" means the agency designated by the governing body to administer health regulations.
      (27)   "Improvements" means those physical additions and changes to the land and any structures that may be necessary to produce usable and desirable lots.
      (28)   "Landowner" means the legal or beneficial owner or owners of land including the holder of an option or contract to purchase (whether or not such option or contract is subject to any conditions), a lessee having a remaining term of not less than forty (40) years, or other person having a proprietary interest in land, shall be deemed to be a landowner for the purposes of these Subdivision Regulations.
      (29)   "Lot" means a plot, parcel, tract or other area of land which is, or in the future may be offered for sale, conveyance, transfer, use or improvement, regardless of the method or methods in which title or other right to use is conveyed. (Ord. 1992-19. Passed 4-21-92.)
      (30)   "Lot area" means the total area contained within the property lines of a lot, excluding space within any public right-of-way, but including the area of any easement.
      (31)    "Lot modification" means the change of lot lines between two (2) existing lots of record for the sole purpose of increasing lot size, or correcting errors in a deed or description where no additional building sites are created.
         (Ord. 2011-71. Passed 10-11-11.)
      (32)   "Open space" means the unoccupied space open to the sky on the same lot with a building, not including any parking lots.
      (33)   "Person" means an individual, partnership, public or private association or corporation, firm, trust, estate, governmental entity, public utility or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.
      (34)   "Plan, Sketch" means an informal plan, not necessarily to exact scale, indicating salient existing features of a tract and its surroundings and the general layout of a proposed subdivision.
      (35)   "Plat" means a map or plan of a subdivision, whether preliminary or final.
      (36)   "Plat, Final" means a complete and exact plat (including all required supplemental data) prepared for official recording as required by statute, to define property rights and proposed streets and other improvements, prepared by a Professional Surveyor.
      (37)   "Plat, Preliminary" means a tentative plat (including all required supplemental data), in a lesser detail than the Final Plat, showing the approximate proposed street and lot layout as a basis for consideration prior to preparation of a Final Plat, prepared by a Professional Surveyor.
      (38)   "Plat of Record" means the Final Plat recorded in the Office of the Jefferson County Recorder of Deeds.
      (39)   "Right-of-way" means the total width of any land reserved or dedicated as a street, alley, or for other public or semi-public purposes, including, but not limited to, the area reserved for cartway, shoulders, sidewalks, drainage and easements.
      (40)   "Screening" means a well maintained solid fence, masonry wall, evergreen hedge or other sight obscuring vegetation, at least six (6) feet in height and of a density and height necessary to conceal from the view of property owners in adjoining residences or residential districts the structures and uses on the premises on which the screening is located.
      (41)   "Site" means any tract, lot or parcel of land or any contiguous tracts, lots or parcels of land proposed to be subdivided or developed, whether immediate or future.
      (42)   "Soil Erosion and Sedimentation Control Plan" means the plan required to be provided as a prerequisite to the receipt of an earth disturbance permit pursuant to the provisions of the City Building Code.
      (43)   "Staff" means the City Planner or his designee.
      (44)   "Storm Water Management Plan" means the required plan providing for the control of runoff to allow precipitation falling on a given site to be absorbed or retained on site to the extent that after development, the peak rate of discharge leaving the site is not significantly different than if the site had remained undeveloped.
      (45)   "Street" means a strip of land, including the entire right-of-way, intended for use as a means of vehicular and pedestrian circulation (for additional definitions see below).
         A.   "Alley" means a permanent public service way which affords only a secondary means of access to abutting property and not intended for general traffic circulation.
         B.   "Arterial street, primary" means a street which is designed and intended primarily to carry through traffic and secondarily to provide access to and from such major attractors as central business districts, shopping centers, schools and hospitals, parks, major industrial areas, and similar traffic generators within the governmental unit.
         C.   "Arterial street, secondary" means a street which is designed and intended to carry traffic in a manner similar to primary arterials, except that these streets serve minor attractors and carry traffic from collector streets to primary arterial streets.
         D.   "Collector street" means a street which is designed and intended to carry traffic from local streets to arterial streets or to major facilities or developments.
         E.   "Freeway" or "expressway" means a street which is designed and intended to carry large volumes of high speed traffic, and which is used primarily to connect communities.
         F.   "Local street" means a street designed and intended to provide access to abutting properties.
         G.   "Marginal access street" means a street which is parallel and adjacent to arterial or limited access streets and which are intended to provide access to abutting properties.
         H.   "Partial or half street" means a street which is parallel to a property line having a lesser right- of-way width than required for improvement and dedication of the street.
         I.   "Private or non-public street" means a street which is not public, including but not limited to streets maintained by private agreements, by private owners or for which no public maintenance responsibility has been established; and including all private driveway access easements or rights-of-way for access.
         J.   "Public street" means a street which has been ordained or maintained or dedicated and accepted by the City, the County, the State or the Federal Government, and open to public use.
      (46)   "Structure" means any combination of materials to include anything constructed or erected on ground or attached to the ground.
      (47)   "Subdivider" means the person, corporation, partnership, joint ventures, associations or other group which makes or causes to be made a subdivision of land. The term "subdivider" shall include developer and landowner.
      (48)   "Subdivision" means (a) The division of any parcel of land shown as a unit or as contiguous units on the last preceding tax roll, into two (2) or more parcels, sites or lots, any one of which is less than five (5) acres for the purpose, whether immediate or future, of transfer of ownership, provided, however, that the division or partition of land into parcels of more than five (5) acres not involving any new streets or easements of access, and the sale or exchange of parcels between adjoining lot owners, where such sale or exchange does not create additional building sites, shall be exempted; or (b) The improvement of (1) 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 or as easements for the extension and maintenance of public sewer, water, storm drainage or other public facilities.
      (49)   "Subdivision, Major" means any subdivision which contains six (6) or more lots for which Preliminary and Final Plats are required.
      (50)   "Subdivision, Minor" means any subdivision which contains no more than five (5) lots, not including any new streets or easements of access and not requiring the extension of public water or sanitary sewer lines.
      (51)   "Surveyor, Professional" means a person duly licensed as a professional land surveyor by the State of Ohio.
      (52)   "Tract" means a parcel of land or a lot.

1115.01 GENERAL PROCEDURES.

   There shall be no subdivision of any tract of land, nor shall any improvements in conjunction with the subdivision of land be constructed except in accordance with the procedural provisions of this Chapter. It is the sole responsibility of the Subdivider to comply with all procedural requirements.
   (a)   Submission of Plats. All Preliminary and Final Plats of proposed subdivisions within the City and such of its environs as come under the City's three-mile area of jurisdiction, shall be submitted to the Planning Commission or Staff, as applicable, for review and approval or disapproval as provided for herein. The date of submission of a subdivision plat shall be the date following receipt of comments from review agencies when the plats and other documentation is submitted to the Commission at a regular monthly meeting. The Final Plat submission shall occur not more than three (3) years following the date of approval of the Preliminary Plat. Failure to submit the Final Plat within this time period shall cause the approval of the Preliminary Plat to become null and void unless an extension of time is requested by the Subdivider and granted by the Commission.
   (b)   Transmittals. The Staff shall, immediately following receipt, transmit copies of all Subdivision Plats to the City Engineer and such other agencies as may be applicable for review.
   (c)   Review by County Agencies. For Subdivision Plats outside the City but within the City's three-mile area of jurisdiction, copies of plats shall also be submitted to the County Planning Commission, the County Engineer, the County Health Department, the County Water and Sewer District, and the County Soil and Water Conservation District, as may be applicable for review.
   (d)   Approvals or Permits from Governmental Agencies and Utility Companies. In all cases where approvals or permits are required by County, State or Federal Agencies, or utility companies, proper certification of such approval or copies of permits issued shall be required to be submitted by the Subdivider to the Planning Commission prior to Final Plat approval. Approval may be granted conditional upon the receipt of required approval or permits, where proof of application for such is presented to the Commission. The Subdivider shall submit certification of approval or copies of required permits to the Commission prior to the granting of final unconditional approval.
   (e)   Date of Submission. The Subdivision Plat including all required documentation shall be submitted to the Planning Commission for review where such plat is received by the Staff at least two (2) weeks prior to a regularly scheduled Commission meeting. Plats received by the Staff less than two (2) weeks prior to a Commission meeting shall not be submitted to the Commission at that meeting, but will be submitted for review at the succeeding meeting.
   (f)   Commission Action. The Planning Commission shall approve, disapprove or conditionally approve each Preliminary or Final Plat within forty-five (45) days of the date of submission. The Subdivider shall be properly notified in writing by certified or registered mail within fifteen (15) days of such official action. Extensions of the forty-five (45) day review period may be granted if agreed upon in writing by the Subdivider and the Commission.
   (g)   Conditional Approval. The Planning Commission may grant approval of a Subdivision Plat subject to the satisfaction of certain conditions to be stated in the notice of approval. Such conditionally approved plats shall not be deemed as approved until the conditions are met and the plat is signed. The Subdivider shall satisfy all plat conditions within ninety (90) days or such conditional approval shall become null and void. Extensions of the ninety (90) day period may be granted if agreed to in writing by the Subdivider and the Commission.
   (h)   Approval Signatures. The unconditional approval of the Commission shall be noted on the plat by the signature of the Chairman of the Planning Commission and/or his designee as agreed upon by the Commission. No signatures shall be placed on any conditionally approved plat until all conditions have been met.
   (i)   Acceptance of Dedication Offers. The approval of any Subdivision Plat by the Planning Commission or Staff, as applicable, shall not be deemed to constitute or imply the acceptance of public improvements by the City, County or Township, as may be applicable in a given case. Acceptance of formal offers of dedication for public improvements shall be only by ordinance, resolution or deed of the City or other applicable governmental body.
   (j)   Tentative Approval of Preliminary Plat. Approval of the Preliminary Plat by the Planning Commission constitutes tentative approval only and shall not authorize the Subdivider to record the plat as an approved subdivision. Approval of the Preliminary Plat shall become null and void if submission of the Final Plat does not occur within three (3) years of the date of approval of the Preliminary Plat.
   (k)   Recording of Approved Final Plat. At the time the Subdivider presents the Final Plat of a Major Subdivision for review, such Subdivider shall file with the Planning Commission a certified check or cashier's check payable to the Jefferson County Recorder of Deeds, sufficient to cover the charges of recording the plat if and when approved. In the event of approval, and after the affixing of all required signatures, the Staff shall cause the plat to be recorded and pay the charges for the same with the check filed by the Subdivider. If not approved, the check will be returned.
   (l)   Failure of Commission to Render Decision. Failure of the Planning Commission to render a decision and communicate it to the Subdivider within the time and in the manner required by this Chapter shall be deemed an approval of the Subdivision Plat submitted in the terms as presented unless the Subdivider has agreed in writing to an extension of time or change in the prescribed manner of presentation of communication of the decision, in which case failure to meet the extended time or change in the manner of presentation of communication shall have like effect.
   (m)   Alteration of Requirements. Where it is alleged that any provision(s) of these Subdivision Regulations may be unnecessary or may inflict undue hardship upon the Subdivider, the Planning Commission shall hear requests for alterations of such provision(s) of these Regulations. The approval of an alteration shall not have the effect of nullifying the intent of these Regulations, but shall provide relief from practical difficulties which may result from strict enforcement of such. The Commission may grant an alteration provided that the following policies are considered where relevant in given case:
      (1)   A lack of opportunity to obtain the maximum profit from the sale or use of property does not itself constitute grounds for relief by action of the Commission.
      (2)   Personal relationships in the use and ownership of property are of relatively brief duration and do not belong in considerations of long-term improvement of and protection to the community.
      (3)   The granting of relief will not be detrimental to the public health, safety or welfare.
      (4)   The relief, if authorized, will represent the minimum alteration that will afford relief and will represent the least modification possible of the regulation in issue.
In approving any alteration of these Regulations, the Commission may require such conditions which shall secure the objectives and purposes of such. A petition for any such alteration shall be submitted in writing by the Subdivider at the time when the Preliminary or Final Plat is submitted for review. The petition shall fully state the grounds and all facts relevant to the hardship.
   (n)   Appeal of Staff Decisions. It is the intent of these Regulations to expedite the process of reviewing Subdivision Plats by granting discretionary powers to the Staff. Anyone aggrieved by a decision of the Staff shall have the right to have such decision reviewed and reversed, affirmed or modified by the Planning Commission at their next regularly scheduled meeting.
   (o)   Fees. The following fees shall be paid by the Subdivider by certified check or cashier's check payable to the Planning and Zoning Commission in the manner prescribed herein.
             (1)    Processing Fee for Subdivision Plats.
         A.   Preliminary Subdivision Plat (where applicable): $25.00 plus $2.50 per lot or parcel
         B.   Final Subdivision Plat (where preceded by a required Preliminary Plat): $15.00 plus $1.00 per lot or parcel
         C.   Final Subdivision Plat (where Preliminary Plats are not required): $25.00 plus $2.50 per lot or parcel
      (2)   Fee for Alteration of Requirements and Appeal of Staff Decisions. Fees for a request for alteration of requirements or an appeal of a decision of the Staff shall be fifty dollars ($50.00).
      (3)   Recording Fee. Following final approval, all plats shall be recorded with required fees made payable to the Jefferson County Recorder of Deeds in accordance with the procedures established herein for the type subdivision plat. (Ord. 2011-71. Passed 10-11-11.)

1115.02 LOT MODIFICATIONS FOR RECORDING PURPOSES ONLY.

   (a)   Lot Modifications involving the change of lot lines between two (2) existing lots of record for the sole purpose of increasing or decreasing lot size, or correcting errors in deeds or descriptions, where no additional building sites are created, may be approved by the Staff for recording purposes where the proposed Lot Modification complies with all applicable provisions of City Codes and Regulations.
        (b)    Any landowner seeking to modify lot lines shall submit the following to the Staff:
      (1)   An accurate plat of the lots or parcels involved affixed with the seal and signature of the Professional Surveyor who shall have prepared such; and
      (2)    A copy of the proposed deed.
   The plat and deed shall contain a notice where applicable that the portion of the "lot added" to the subject parcel cannot be used for the placement of a principal building or structure for human habitation or occupancy.
        (c)    The Staff will approve a proposed Lot Modification within seven (7) working days of the date of submission if it complies with all applicable provisions of City Codes and Regulations. Where approved, the deed shall be acknowledged by virtue of the signature affixed to the deed stating "Approved by Steubenville City Planning Commission, no plat required." There shall be no fee charged for the processing of Lot Modifications.
 
        (d)    Following approval, the deed shall be recorded by the landowner in the Office of the Jefferson County Recorder of Deeds. The failure of the landowner to record such deed within ninety (90) days of the date of approval shall render such approval null and void.
(Ord. 2011-71. Passed 10-11-11.)

1115.03 MINOR SUBDIVISIONS.

   (a)    Any Subdivision which contains no more than five (5) lots after the original tract has been completely subdivided, not involving the opening, widening or extension of any street or road, and not requiring the extension of public water or sanitary sewer lines, may be reviewed and acted upon by the Staff as a Final Plat without the necessity of prior Preliminary Plat approval. Such determination shall be made by the Staff based upon the following considerations:
      (1)   All lots must abut an existing public street;
      (2)   All lots must be capable of connecting to existing public water and sanitary sewer lines, or be capable of being adequately served by alternative sewage disposal systems where connection to public sanitary sewer lines is not feasible; and
      (3)   The proposed subdivision complies with all applicable provisions of City Codes and Regulations.
   (b)   Minor Subdivisions shall comply with the single plat procedure described in Chapter 1117 of these Regulations, as well as those other requirements as set forth herein.
   (c)   The Staff will approve a proposed Minor Subdivision within seven (7) working days of the date of submission if it complies with all applicable provisions of City Codes and Regulations. Where approved, the Minor Subdivision Plat shall be acknowledged by virtue of the signature affixed to the certificate inscribed on the plat, and stamped on the deed(s).
   (d)   Following approval, the deed(s) and plat shall be recorded by the landowner in the Office of the Jefferson County Recorder of Deeds. The failure of the landowner to record such deeds(s) and plat within ninety (90) days of the date of approval shall render such approval null and void.

1115.04 MAJOR SUBDIVISIONS.

   All subdivisions of six (6) or more lots shall submit Preliminary and Final Plats to the Planning Commission for review as provided for herein. All Major Subdivisions shall comply with the Preliminary and Final Plat procedures described in Chapter 1117 of these Regulations, as well as those other requirements as set forth herein.

1115.05 MODIFICATIONS TO RECORDED PLATS.

   Modifications to previously reviewed, approved and recorded Subdivision Plats shall be submitted to the Planning Commission for review and approval or disapproval as provided for herein.
   (a)   Minor Modifications. Minor modifications or revisions to Subdivision Plats involving changes in lot boundary lines may be reviewed and acted upon by the Staff based upon the following considerations.
      (1)   All lots must abut an approved public street;
      (2)   Approved easements and rights-of-way shall not be changed;
      (3)   Approved plans for the design and construction of streets, sanitary sewer or public water facilities and other improvements shall not be changed;
      (4)   The proposed modification complies with all applicable provisions of City Codes and Regulations.
      The Subdivider shall submit a Final Plat of the modified or revised portion of the Subdivision pursuant to Chapter 1117 of these Regulations.
 
   (b)   Major Modifications. Major modifications or revisions to Subdivision Plats involving changes in lot boundary lines as well as changes in approved easements or rights-of-way, changes in approved plans for the design and construction streets, sanitary sewer or public water facilities, or other improvements shall be submitted to the Planning Commission and reviewed in accordance with the Preliminary and Final Plat procedures as outlined herein.

1115.06 VACATION OF PLATS.

   Recorded Subdivision Plats may be vacated in accordance with the procedures established in Chapter 711 of Ohio Revised Code.

1115.07 CONDOMINIUM PROPERTY.

   Buildings proposed to be divided as condominium units shall comply with Chapter 5311 of Ohio Revised Code, and all plans and drawings of such condominium units and their environs shall be submitted to the Planning Commission for review and approval or disapproval prior to the issuance of any building permit, in accordance with the Preliminary and Final Plat procedures established herein.

1117.01 VOLUNTARY PRE-APPLICATION CONFERENCE WITH PLANNING COMMISSION STAFF.

   (a)   Pre-application Conference. Prior to proceeding with the Preliminary Plat procedures or with steps to acquire land or subdivide, the landowner should become familiar with these Regulations and may, if he so desires, consult with the Staff concerning the following factors:
      (1)   The suitability of the site for development;
      (2)   The accessibility of the site;
      (3)   The availability of public facilities (parks, public water, sanitary sewers, and storm sewers, etc.) and public services (police, fire, refuse disposal, schools, etc.);
      (4)   The effect of the project on any contemplated municipal or inter-municipal projects or improvements, as well as the City's Comprehensive Plan;
      (5)   Requirements of the Zoning Code;
      (6)   Methods to control soil erosion and sedimentation and manage storm water runoff; and
      (7)   Precautionary measures to preserve or protect historic and natural features.
   In order to make the most of opportunities related to the proposed subdivision, the landowner should also consult with the Jefferson Soil and Water Conservation District, utility companies and other relevant public officials or agencies prior to the preparation of the Preliminary Plat. Submission of a Sketch Plan or any pre-application materials shall not constitute a formal submission of a Preliminary or Final Subdivision Plat.
   (b)   Sketch Plan Submission. It is suggested that prior to the pre-application conference, the landowner prepare a Sketch Plan of the proposed subdivision. Such a Sketch Plan may indicate as follows:
      (1)   Proposed name of the subdivision;
      (2)   Name and address of the owners of the property;
      (3)   Northpoint, scale and date;
      (4)   Tract boundaries including distances;
      (5)   The approximate location of watercourses, springs, ponds, sinkholes, tree masses, rock outcrops, existing buildings, existing public water lines, existing sanitary sewer lines, storm water inlets, utility easements, fire hydrants, railroads, and existing streets;
      (6)   Topography of the site as may be available. Such topography may be obtained from U.S.G.S. Topographic Mapping, 7.5 Minute Series; and
      (7)   Proposed layout of streets, lots, buildings, public water and sanitary sewer lines, utility lines, soil erosion and storm water management control measures and other features.

1117.02 MINOR SUBDIVISION PLAT REQUIREMENTS.

   Subdivisions which contain no more than five (5) lots, not including any new streets or easements of access and not requiring the extension of public water or sanitary sewer lines, may be reviewed and acted upon by the Staff as a Final Plat without the necessity of prior Preliminary Plat approval. The following Single Plat procedure shall be utilized when submitting Minor Subdivision Plats for review and consideration:
   (a)   Single Plat Requirements. Four (4) copies of the Minor Subdivision Plat in the form of a map or series of maps on sheet sizes eight and one-half (8-1/2) inches by fourteen (14) inches, eighteen (18) inches by twenty-four (24) inches or twenty-four (24) inches by thirty-six (36) inches drawn to a scale of fifty (50) feet to the inch. The error of closure shall not be more than one (1) part in ten thousand (10,000). Plats shall show the following:
      (1)   Title block, including the name and address of the landowner and the name of the subdivision, if applicable;
      (2)   Northpoint for the subdivision;
      (3)   Graphic scale as well as written scale;
      (4)   Deed book and page number of the tract or tracts being subdivided, and the location of the subdivision by section, township and range;
      (5)   Municipal corporation and township lines;
      (6)   Tract boundaries showing accurate bearings and distances;
      (7)   All existing streets, easements and rights-of-way on or adjacent to the tract, including name, right-of-way width, cartway width, and easement dimensions including the purpose for which the easement has been established;
      (8)   All existing buildings, public water lines, sanitary sewer lines, storm sewers, natural gas lines, electric and telephone lines, fire hydrants, and other significant man-made features on or adjacent to the tract;
      (9)   Floodplain boundaries determined pursuant to the City Zoning Code or other applicable regulations;
      (10)   Proposed lot lines with dimensions to the nearest hundredth foot and bearings to the nearest degree, minute and second, including a numbering system to identify each lot, and accurate area of the lots proposed;
      (11)   Site data to include proposed use or uses, number of lots, total acreage of lots being subdivided, number of acres in the total tract, number and type of dwelling units and/or structures including the gross residential density and the present zoning classification, if applicable;
      (12)   Location map at a scale not smaller than two thousand (2,000) feet to the inch, including a northpoint, showing the proposed subdivision and adjoining areas sufficient to denote the proposed location;
      (13)   Location and material of all permanent monuments and lot markers;
      (14)   Building setback lines on all lots and parcels, and other sites at not less than the minimum fixed by the Zoning Code; and
      (15)   Proposed public buildings, parking areas, access drives, location of screening, active play areas and parcels of land that are to be reserved for public use and common open space, if any; and
      (16)   Any pedestrian ways or sidewalks that may be required or provided.
   (b)   Certificates. The following certificates in block form shall be shown on the Final Plat where applicable:
      (1)   Certification by means of a seal and signature of the Professional Surveyor who shall have prepared the plat and certify to the effect that the survey and plat are accurate and correct;
      (2)   Certificate for approval by the Staff;
      (3)   A statement, duly acknowledged before an officer authorized to take acknowledgments of deed and signed by the owner or owners of the property, to the effect that the subdivision as shown on the Final Plat is the act and deed of the owner, and that he/she (the landowner) is the owner of the property of the survey and plat;
      (4)   Certificate indicating approval for water supply and sewage disposal to be utilized, consistent with the requirements of Chapter 1119 of these Regulations.
      (5)   Certificate for acknowledgment of easements.
   (c)   Deed(s). In addition to material required above, copies of the proposed deed(s) shall be submitted along with the Final Plat.
   (d)   Design Standards. The subdivision shall be designed pursuant to the standards contained within Chapter 1119 of these Regulations, the City Zoning Code and other applicable Codes and Regulations.

1117.03 PRELIMINARY SUBDIVISION PLAT REQUIREMENTS.

   Subdivisions which contain six (6) or more lots shall submit Preliminary Plats consistent with the requirements of these Regulations to the Planning Commission for review. The following materials shall be submitted with an application for review and consideration of Preliminary Plats:
   (a)   Preliminary Plat Requirements. Seven (7) copies of the Preliminary Plat in the form of a map or series of maps on sheet size twenty-four (24) inches by thirty-six (36) inches drawn to a scale of fifty (50) feet to the inch. Plats shall show the following:
      (1)   Title block, including the name and address of the landowner and the name of the proposed subdivision;
      (2)   Northpoint for the subdivision;
      (3)   Graphic scale as well as written scale;
      (4)   Deed book and page number of the tract or tracts being subdivided, and the location of the subdivision by section, township and range;
      (5)   Municipal corporation and township lines;
      (6)   Tract boundaries showing approximate bearings and distances;
      (7)   The names, addresses, deed book and page numbers of owners of all adjacent lands;
      (8)   All existing streets, easements and rights-of-way on or adjacent to the tract, including name, right-of-way width, cartway width, and easement dimensions including the purpose for which the easement has been established;
      (9)   All existing buildings, public water lines, sanitary sewer lines, storm sewers, natural gas lines, electric and telephone lines, fire hydrants, and other significant man-made features on or adjacent to the tract;
      (10)   Location of existing watercourses and the general location of wetlands, tree masses, and other significant natural features on or adjacent to the tract;
      (11)   Floodplain boundaries determined pursuant to the City Zoning Code or other applicable regulations;
      (12)   Approximate location, width, approximate grade and purpose of all proposed streets, access drives, rights-of-way, easements, parking areas, and loading and unloading areas;
      (13)   Proposed lot lines with approximate dimensions to the nearest foot and bearings to the nearest degree, including a numbering system to identify each lot, and approximate area of each lot proposed;
      (14)   Proposed public buildings, location of screening, active play areas and parcels of land that are to be reserved for public use and common open space, if any;
      (15)   An indication of the general location of proposed water lines, sanitary sewer lines, and storm water collection and retention facilities. The preliminary size of each line must be shown as well as the locations of and distances to any existing line to be connected to, with the size of such existing line to be indicated;
      (16)   Site data to include proposed use or uses, number of lots, total acreage of the lots being subdivided, number of acres in the total tract, number and type dwelling units and/or structures including the gross residential density and the present zoning classification, if applicable;
      (17)   Existing and proposed topographic contours at vertical intervals of two (2) feet for lands with a slope of less than fifteen (15) percent, and five (5) feet for lands with a slope of fifteen (15) percent or greater. Contour elevations shall be tied to the latest U.S. Geological Survey datum.
      (18)   Location map at a scale not smaller than two thousand (2,000) feet to the inch, including a northpoint, showing the proposed subdivision and adjoining areas sufficient to denote the proposed location; and
      (19)   Approximate location of any pedestrian ways or sidewalks that may be required or provided.
   (b)   Additional Supplemental Requirements. The Preliminary Plat shall be accompanied by the following material where applicable. These plans and designs may be submitted as separate sheets.
      (1)   Such certificates of approval from other agencies as may have been required by the Planning Commission;
      (2)   Four (4) copies of preliminary profiles and typical cross-sections of all existing and proposed streets indicating street grades, width of right-of-way, width of cartway, and location and width of sidewalks, if required, including curbs and shoulders;
      (3)   Four (4) copies of preliminary plans and profiles of all existing and proposed sanitary and storm sewer systems, water distribution systems and any other pertinent underground utilities. Such plans and profiles shall include grades, pipe sizes, and the location of manholes, valves and fire hydrants; and
      (4)   Four (4) copies of preliminary designs of all bridges, culverts, storm water management facilities, and soil erosion and sedimentation control facilities or other improvements as may be required, including calculations.
   (c)   Staged Development. Where the Preliminary Plat submitted covers only a part of the Subdivider's entire land holding and the development of the remaining portions of the tract is proposed to take place in a series of stages or phases, a plan of the prospective future street, sewer (including sanitary and storm sewer), and water systems of the future stages or phases shall be submitted along with Preliminary Plats. The streets, sewer and water systems of the Preliminary Plat will be considered with regard to connections with future streets, sewer and water systems in the future stages or phases of development.
   (d)   Design Standards. The subdivision shall be designed pursuant to the standards contained within Chapter 1119 of these Regulations, the City Zoning Code and other applicable Codes and Regulations.

1117.04 FINAL SUBDIVISION PLAT REQUIREMENTS.

   All subdivisions for which Preliminary Plats were required shall submit Final Plats consistent with the requirements of these Regulations to the Planning Commission for review. The Final Plat shall conform in all important details with the Preliminary Plat as approved and any conditions specified in the approval of the Preliminary Plat shall be incorporated in the Final Plat. The following materials shall be submitted with an application for review and consideration of Final Plats:
   (a)   Final Plat Requirements. Seven (7) copies of the Final Plat in the form of a map or series of maps on sheet size twenty-four (24) inches by thirty-six (36) inches drawn to a scale of fifty (50) feet to the inch. The error of closure shall not be more than one (1) part in ten thousand (10,000). Plats shall show the following:
      (1)   Title block, including the name and address of the landowner and the name of the proposed subdivision;
      (2)   Northpoint for the subdivision;
      (3)   Graphic scale as well as written scale;
      (4)   Deed book and page number of the tract or tracts being subdivided, and the location of the subdivision by section, township and range;
      (5)   Municipal corporation and township lines;
      (6)   Tract boundaries showing accurate bearings and distances;
      (7)   The names, addresses, deed book and page numbers of owners of all adjacent lands;
      (8)   Accurate location, width, grade and purpose of all proposed streets, access drives, rights-of-way, easements, parking areas and loading and unloading areas;
      (9)   Complete curve data including radius, delta angle, tangent, degree of curvature and length of curve of all proposed streets;
      (10)   Proposed lot lines with dimensions to the nearest hundredth foot and bearings to the nearest degree, minute and second, including a numbering system to identify each lot, and accurate area of the lots proposed;
      (11)   An indication of the exact location of proposed water lines, sanitary sewer lines, and storm water collection and retention facilities. The final size of each line must be shown as well as the locations of and distances to any existing line to be connected to, with the size of such existing line to be indicated;
      (12)   Site data to include proposed use or uses, number of lots, total acreage of lots being subdivided, number of acres in the total tract, number and type of dwelling units and/or structures including the gross residential density and the present zoning classification, if applicable;
      (13)   Location map at a scale not smaller than two thousand (2,000) feet to the inch, including a northpoint, showing the proposed subdivision and adjoining areas sufficient to denote the proposed location;
      (14)   Location and material of all permanent monuments and lot markers;
      (15)   Building setback lines on all lots and parcels, and other sites at not less than the minimum fixed by the Zoning Code;
      (16)   Proposed public buildings, location of screening, active play areas and parcels of land that are to be reserved for public use and common open space, if any; and
      (17)   Any pedestrian ways or sidewalks that may be required or provided.
   (b)   Additional Supplemental Requirements. The Final Plat shall be accompanied by the following material where applicable. These plans and design may be submitted as separate sheets.
      (1)   Such certificates of approval from other agencies as may have been required by the Planning Commission;
      (2)   Four (4) copies of final detailed profiles and typical cross-sections of all existing and proposed streets indicating street grades, width of right-of-way, width of cartway, and location and width of sidewalks, if required, including curbs and shoulders;
      (3)   Four (4) copies of final detailed plans and profiles of all existing and proposed sanitary and storm sewer systems, water distribution systems and other pertinent underground utilities. Such plans and profiles shall include grades, pipe sizes, and the location of manholes, valves and fire hydrants;
      (4)   Four (4) copies of all final detailed designs of all bridges, culverts, storm water management facilities, and soil erosion and sedimentation control facilities or other improvements as may be required, including calculations; and
      (5)   Four (4) copies of all proposed deed restrictions or lease provisions related to the approval of the proposed subdivision plat.
   (c)   Certificates. The following certificates in block form shall be shown on the Final Plat where applicable:
      (1)   Certification by means of a seal and signature of the Professional Surveyor who shall have prepared the plat and certify to the effect that the survey and plat are accurate and correct;
      (2)   Certificate for approval by the Planning Commission;
      (3)   A statement, duly acknowledged before an officer authorized to take acknowledgments of deed and signed by the owner or owners of the property, to the effect that the subdivision as shown on the Final Plat is the act and deed of the owner, and that he/she (the landowner) is the owner of the property of the survey and plat, and that he/she desires the same to be recorded as such; and
      (4)   Certificate indicating approval for water supply and sewage disposal to be utilized, consistent with the requirements of Chapter 1119 of these Regulations.
      (5)   Certificate for acknowledgment of easements.
   (d)   Design Standards. The subdivision shall be designed pursuant to the standards contained within Chapter 1119 of these Regulations, the City Zoning Code and other applicable Codes and Regulations.
 

1119.01 APPLICATION OF DESIGN STANDARDS.

   (a)   Hazards to Life, Health and Property. Land shall be suited to the purpose for which it is to be subdivided or developed. Those areas which are subject to hazards of life, health or property as may arise from flood, mine subsidence or considered to be uninhabitable for other reasons shall not be platted for building purposes unless the hazards have been eliminated or adequate safeguards have been taken to prevent damage from such hazards.
 
   (b)   Preservation of Natural Features. In all subdivisions, consideration should be given to the preservation of natural features such as trees, watercourses, wetlands, scenic views, historic features (including buildings) and topographical continuity.

1119.02 REQUIRED IMPROVEMENTS WITHIN THE CORPORATE LIMITS.

   The Planning Commission shall require that a Subdivider provide the following improvements in all subdivisions within the City's corporate limits, to be installed by the Subdivider at his cost and installed in accordance with the design standards and construction requirements as stated in these Regulations.
   (a)   Connection to City water supply and sanitary sewer facilities;
   (b)   The installation of fire hydrants;
   (c)   Storm water management facilities, including culverts, channels, swales, retention or detention basins, curbs, drains, gutters or storm sewers, where necessary;
   (d)   Streets, roads, access drives and sidewalks, where necessary; and
   (e)   Monuments and markers.

1119.03 REQUIRED IMPROVEMENTS OUTSIDE THE CORPORATE LIMITS.

   The Planning Commission shall require that a Subdivider provide the following improvements in all subdivisions outside the City's corporate limits and within the City's three-mile area of jurisdiction, to be installed by the Subdivider at his cost and installed in accordance with the design standards and construction requirements as stated in these Regulations.
   (a)   Connection to County water supply and sanitary sewer facilities;
   (b)   Utilization of alternative water supply and sewage disposal systems where connection to County facilities is not feasible, and when approved by the County Health Department;
   (c)   The installation of fire hydrants where County water supply facilities are provided;
   (d)   Storm water management facilities, including culverts, channels, swales, retention or detention basins, curbs, drains, gutters or storm sewers, where necessary;
   (e)   Streets, roads, access drives and sidewalks, where necessary; and
   (f)   Monuments and markers.

1119.04 GENERAL STREET REQUIREMENTS.

   (a)    Streets shall conform to the requirements of these Regulations in order to best serve public safety and convenience. They shall be related to topography to produce usable lots served by streets of reasonable grade such that all building sites are located as close as possible to the grades of streets.
     
   (b)    Proposed streets shall be located such that congestion is minimized and hazardous intersections are avoided. They shall be properly related to the official thoroughfare plan or parts thereof as has been officially adopted by the City.
     
   (c)    Local streets shall be laid out to discourage through traffic. However, provisions for the extension and continuation of streets into and from adjoining areas may be required. Where a subdivision abuts or contains an existing or proposed arterial street, the Planning Commission may require marginal access streets, reverse frontage lots, or such other treatment as will provide protection for abutting properties, reduction in the number of intersections and/or curb cuts with an arterial street, and the preservation and enhancement of traffic safety on the arterial street.
   (d)    If lots resulting from the proposed subdivision are large enough to permit resubdivision or, if a portion of the tract is not subdivided, adequate street right-of-way to permit further subdivision shall be provided as necessary, and located so as to allow for the proper development of surrounding properties.
 
   (e)    Where a subdivision abuts or contains an existing street of substandard width or alignment, the Planning Commission may require the Subdivider to widen the street or correct the alignment. Where additional dedication or reservation of right-of-way is required, all building setback lines shall be measured from such dedicated or reserved right-of-way line.
    
   (f)    Driveways and access drives to parking areas shall be designed and constructed in accordance with the standards specified in the Zoning Code. Marginal access streets may be required to provide for maximum safety and convenience.
    
   (g)    In the case of Major Subdivisions as defined herein, the Planning Commission may require such subdivisions to have at least two (2) separate points of ingress and egress in order to facilitate public safety and convenience.
   (h)    Private streets within the City's corporate limits may be permitted only in Major Subdivisions where such streets conform to all the design standards and construction requirements applicable to public streets, and where a Home Owners Association is established to provide for maintenance of such streets in accordance with the City Zoning Code.
     
   (i)    Private streets outside the City's corporate limits and within the City's three-mile area of jurisdiction in Major Subdivisions must comply with section 1119.04(h) above. Private streets or easements of access in Minor Subdivision located outside the City's corporate limits and within the City's three-mile area of jurisdiction will be permitted only when public street access is not feasible, in which case the private street or easement of access must be at least twenty (20) feet in width and provisions for maintenance responsibility must be included in the deeds.
     
   (j)    Streets serving commercial or industrial subdivisions and accessory parking areas shall be planned to serve such subdivisions exclusively, and shall connect to arterial streets so that no traffic will be directed into residential areas.
     
   (k)    Streets located in floodplain areas shall meet the standards of the City Zoning Code or other applicable regulations.
     
   (l)    Proposed streets which are obviously in alignment with others already existing and named, shall bear the names of the existing streets. Street names shall be indicated on the Preliminary and Final Plats and shall be approved by the Planning Commission. Names of existing streets shall not be changed without the approval of City Council. Street addresses within the City shall be assigned by the City Engineer. Street addresses within the City's three-mile area of jurisdiction shall be assigned by the County.
   (m)    In no case shall the name of proposed streets not in alignment with others so named duplicate or resemble the name of an existing street in the community.
     
   (n)    Partial or half streets shall not be permitted.
(Ord. 2011-71. Passed 10-11-11.)

1119.05 DEAD-END STREETS AND CUL-DE-SACS.

   (a)   Dead-end public streets shall be prohibited except as temporary stubs to permit future street extension into adjoining tracts, or when designed as permanent cul-de- sacs.
   (b)   Any dead-end street which is constructed for future access to an adjoining property, or because of authorized staged development, and which is open to traffic, shall not exceed five hundred (500) feet in length and shall be provided with a temporary, all-weather turnaround. The turnaround shall be completely within the boundaries of the subdivision and the use of such turnaround shall be guaranteed to the public until such time as the street is extended.
   (c)   Streets planned to be permanently closed at one end shall not exceed five hundred (500) feet in length as measured between the centerline of the turnaround at the closed end and the centerline of the intersecting street at the other end, and shall terminate at the closed end in a permanent circular cul-de-sac. Cul-de-sacs shall have a right-of-way diameter of at least one hundred (100) feet and a paved cartway diameter of at least eighty (80) feet. Such cul-de-sacs shall be constructed in the same manner as the street cartway and shall meet all applicable provisions of these Regulations.

1119.06 TRACTS INCLUDING OR ADJACENT TO PRIVATE STREETS.

   When a tract is being subdivided which includes, or is adjacent to a non-public or private street not serving the lots created by such subdivision, and such non-public or private street has a lesser right-of-way width than required herein, building setback lines shall be established from the right-of-way line of the non-public or private street such that eventual dedication may be accomplished.

1119.07 ALLEYS.

   Alleys shall be prohibited in residential subdivisions except as may be required to conform with the existing street layout. However, alleys may be permitted in commercial or industrial subdivisions.

1119.08 STREET AND INTERSECTION DESIGN SPECIFICATIONS.

   (a)   Streets shall be designed to meet or exceed the standards set forth in this Section. For the purposes of street and intersection design, the following definitions of terrain classification shall be used:
      (1)   "Level" means a slope range of 0 to 8 percent.
      (2)   "Moderate" means a slope range of 8.1 to 14.9 percent.
      (3)   "Steep" means a slope of 15 percent or greater.
   (b)   Street Widths.
      (1)   Minimum street right-of-way and cartway widths shall be as follows:
 
CLASS OF
STREET
RIGHT-OF-WAY
WIDTH
CARTWAY*
WIDTH
Local Street
50 feet
28 feet (a)
Collector Street
60 feet
36 feet (b)
Secondary Arterial
60 feet
36 feet (c)
Primary Arterial
80 feet
60 feet (d)
Freeway/Expressway
As per Ohio DOT/AASHTO Standards
* Cartway width for local streets is based on back to back curb measurement, width for all other streets is based on face to face curb measurement.
(a) and (b) includes parking permitted on one side of street.
(c) includes left turn stacking lanes at intersections of two arterial streets and no permitted on street parking.
(d) includes center turning lane/left turn stacking lanes and no permitted on street parking. Additional right-of-way and cartway widths may be required at the intersection of two arterial streets in order to provide exclusive right turn lanes.
      (2)   The sufficiency of all proposed street right-of-way and cartway widths shall be determined by the City Engineer based upon estimated trip generation data for the subdivision. For staged or phased subdivision, or where the submitted Subdivision Plat covers only a part of the Subdivider's entire landholding, trip generation data for future stages or phases of development shall be considered with regard to street and intersection design.
   (c)   Design Specifications for Streets. Minimum street design specifications shall be as follows:
CLASS OF STREET   TERRAIN CLASSIFICATION
 
(1)   Minimum/Maximum
Centerline Grade
Level
Moderate
Steep
Local Street
0.5%/4%
0.5%/8%
0.5%/15%
Collector Street
0.5%/4%
0.5%/8%
0.5%/12%
Secondary Arterial
0.5%/4%
0.5%/6%
0.5%/9%
Primary Arterial
0.5%/4%
0.5%/6%
0.5%/6%
Freeway/Expressway
As per Ohio DOT/AASHTO Standards
 
(2)   Minimum Sight Distance.
Local Street
200 feet
150 feet
125 feet
Collector Street
250 feet
200 feet
150 feet
Secondary Arterial
250 feet
200 feet
200 feet
Primary Arterial
400 feet
350 feet
300 feet
Freeway/Expressway
As per Ohio DOT/AASHTO Standards
(3)   Minimum Centerline Radius of Horizontal Curves.
Local Street
Angle of turn greater than 80 degrees
100 feet
100 feet
100 feet
Angle of turn less than 80 degrees
200 feet
150 feet
100 feet
Collector Street
300 feet
275 feet
150 feet
Secondary Arterial
325 feet
275 feet
200 feet
Primary Arterial
650 feet
450 feet
425 feet
Freeway/Expressway
As per Ohio DOT/AASHTO Standards
 
(4)   Minimum Length of Vertical Curves. (feet for each algebraic difference in grade)
Local Street
(100 feet min.)
30 feet
20 feet
10 feet
Collector Street
(100 feet min.)
50 feet
30 feet
20 feet
Secondary Arterial
(200 feet min.)
50 feet
30 feet
30 feet
Primary Arterial
(300 feet min.)
120 feet
100 feet
70 feet
Freeway/Expressway
As per Ohio DOT/AASHTO Standards
 
(5)   Minimum Length of Tangents Between Reverse Curves.
Local Street
100 feet in all cases
Collector Street
150 feet in all cases
Secondary Arterial
240 feet in all cases
Primary Arterial
270 feet in all cases
Freeway/Expressway
As per Ohio DOT/AASHTO Standards
      (6)   Crown. The slope of the crown on all streets shall be more than three-sixteenths (3/16) inch per foot and less than one-third (1/3) inch per foot or as determined by the City Engineer. Superelevations shall be introduced in horizontal curves on all streets except local streets.
   (d)   Design Specifications for Intersections.
      (1)   Street intersections involving the junction of more than two (2) streets shall not be permitted. Minimum street intersection design specifications shall be as follows:
 
TERRAIN CLASSIFICATION
SPECIFICATION
Level
Moderate
Steep
Clear Sight Triangle
at Intersections
(Length along each
approach leg)
90 feet
90 feet
75 feet
Vertical Alignment
with Intersection
Flat
2% max.
4% max.
(Followed for a distance of 50 feet from the intersecting street right-of-way)
Minimum Angle of
Intersection
75 degrees, 90 degrees preferred
Intersection   
(Streets shall remain in the angle of intersection for a distance of 100 feet from the intersecting street right-of-way)
   
Minimum Curb Radius
   Local - Local    20 feet in all cases
   Local - Collector   25 feet in all cases
   Collector - Collector   30 feet in all cases
   Collector - Arterial   35 feet in all cases
   Arterial - Arterial   35 feet in all cases
      (2)   Streets intersecting from opposite sides with a common street shall be designed either directly opposite one another; or if necessary, separated by an offset between centerlines measured along the centerline of the cross street as follows:
CROSS STREET
CLASS OF
STREET
Local
Collector
Arterial
Local to Local Street
150 feet
400 feet
500 feet
Collector to Local street
200 feet
300 feet
500 feet
Arterial to Local Street
200 feet
400 feet
500 feet
Collector to Collector
400 feet
500 feet
1,320 feet
Collector to Arterial
1,320 feet
1,320 feet
1,320 feet
Arterial to Arterial
2,640 feet
2,640 feet
2,640 feet

1119.09 STREET CONSTRUCTION STANDARDS.

   (a)   Streets shall meet or exceed all of the following street construction requirements set forth in this Section, as well as other standards found elsewhere herein. The City Engineer may require the use of a specific paving alternate.
      (1)   Local Streets.
         A.   Subgrade: Remove all topsoil, organic material, soft clay and other objectionable material for a minimum depth of two (2) feet below the finished subgrade elevation. Street excavation and embankment shall meet the requirements of ODOT 203. The subgrade shall be compacted per ODOT 203.13.
         B.   Underdrains: Underdrains may be required along each side of the street to provide for subsurface drainage in areas of level terrain or when the street profile grade is four (4) percent or less. The underdrains shall be connected into the storm sewer system.
         C.   Paving Alternate No. 1
            1)   Base Course:
               No. 57 Size Aggregate with Full Fabric Wrap
               Fabric to conform to ODOT 712.09 Type A,
               Nonwoven
               6 inch thickness
            2)   Intermediate Course:
               Item 403 Asphalt Concrete
               2 inch thickness
            3)   Finish Course: (Placed at least 9 months after 403)
               Item 404 Asphalt Concrete
               1 inch thickness
         D.   Paving Alternate No. 2
            1)   Base Course: No. 57 Size Aggregate with Full
               Fabric Wrap
               Fabric to conform to ODOT 712.09 Type A, Nonwoven
               6 inch thickness
            2)   Finish Course:
               Item 452 Plain Portland Cement Concrete
               Concrete furnished with polypropylene fibers
               7 inch thickness
         E.   Paving Alternate No. 3
            1)   Base Course:
               Item 301 Bituminous Aggregate Base
               6 inch thickness
            2)   Intermediate Course:
               Item 403 Asphalt Concrete
               1 inch thickness
            3)   Finish Course: (Placed at least 9 months after 403)
               Item 404 Asphalt Concrete
               1 inch thickness
      (2)   Collector Streets.
         A.   Subgrade: Remove all topsoil, organic material, soft clay and other objectionable material for a minimum depth of two (2) feet below the finished subgrade elevation. Street excavation and embankment shall meet the requirements of ODOT 203. The subgrade shall be compacted per ODOT 203.13.
         B.   Underdrains: Underdrains may be required along each side of the street to provide for subsurface drainage in areas of level terrain or when the street profile grade is four (4) percent or less. The underdrains shall be connected into the storm sewer system.
         C.   Paving Alternate No. 1
            1)   Base Course:
               No. 57 Size Aggregate with Full Fabric Wrap
               Fabric to conform to ODOT 712.09 Type A, Nonwoven
               12 inch thickness (2 lifts)
            2)   Intermediate Course:
               Item 403 Asphalt Concrete
               2 inch thickness
            3)   Finish Course: (Placed at least 9 months after 403)
               Item 404 Asphalt Concrete
               1 inch thickness
         D.   Paving Alternate No. 2
            1)   Base Course: No. 57 Size Aggregate with Full Fabric Wrap
               Fabric to conform to ODOT 712.09 Type A, Nonwoven
               6 inch thickness
            2)   Finish Course:
               Item 452 Plain Portland Cement Concrete
               Concrete furnished with polypropylene fibers
               8 inch thickness
         E.   Paving Alternate No. 3
            1)   Base Course:
               Item 301 Bituminous Aggregate Base
               6.5 inch thickness
            2)   Intermediate Course:
               Item 403 Asphalt Concrete
               1.5 inch thickness
            3)   Finish Course: (Placed at least 9 months after 403)
               Item 404 Asphalt Concrete
               1 inch thickness
      (3)   Arterial, Commercial and Industrial Streets.
         A.   Subgrade: Remove all topsoil, organic material, soft clay and other objectionable material for a minimum depth of two (2) feet below the finished subgrade elevation. Street excavation and embankment shall meet the requirements of ODOT 203. The subgrade shall be compacted per ODOT 203.13.
         B.   Underdrains: Underdrains may be required along each side of the street to provide for subsurface drainage in areas of level terrain or when the street profile grade is four (4) percent or less. The underdrains shall be connected into the storm sewer system.
         C.   Paving Alternate No. 1
            1)   Base Course:
No. 57 Size Aggregate with Full Fabric Wrap
               Fabric to conform to ODOT 712.09 Type A, Nonwoven
               12 inch thickness (2 lifts)
            2)   Intermediate Course:
               Item 402 Asphalt Concrete
               2 inch thickness
               Item 403 Asphalt Concrete
               1.5 inch thickness
            3)   Finish Course: (Placed at least 9 months after 403)
               Item 404 Asphalt Concrete
               1 inch thickness
         D.   Paving Alternate No. 2
            1)   Base Course:
               No. 57 Size Aggregate with Full Fabric Wrap
               Fabric to conform to ODOT 712.09 Type A, Nonwoven
               8 inch thickness
            2)   Finish Course:
               Item 452 Plain Portland Cement Concrete
               Concrete furnished with polypropylene fibers
               9 inch thickness
         E.   Paving Alternate No. 3
            1)   Base Course:
               Item 301 Bituminous Aggregate Base
               8 inch thickness
            2)   Intermediate Course:
               Item 403 Asphalt Concrete
               2 inch thickness
            3)   Finish Course: (Placed at least 9 months after 403)
               Item 404 Asphalt Concrete
               1 inch thickness
   (b)   Slopes. Maximum slope of cut and fill banks measured perpendicular to the centerline of the street shall be three to one (3:1), except that the City Engineer may permit cutting and filling to be made with a steeper face where the Subdivider demonstrates satisfactorily by means of appropriate soil exploration and analysis and the written certification of a Professional Engineer that the materials are capable of standing on a steeper slope without creating any hazardous conditions. Banks shall be suitably planted with grasses or ground covers to prevent gullying and erosion.

1119.10 CURBS.

   (a)   Installation. Curbs shall be required on all streets in accordance with the construction standards established herein.
   (b)   Construction.
      (1)   Curb Alternate No. 1. Straight concrete curbs shall be twenty-four (24) inches in depth, five (5) inches wide at the top and six (6) inches wide at the base and shall have an exposed face of six (6) inches or an acceptable equivalent. Expansion joints shall be provided at least every twenty (20) feet.
      (2)   Curb Alternate No. 2. Combination straight concrete curb and gutter shall be twenty-four (24) inches wide at the base, fifteen (15) inches high in the back and have an exposed face of six (6) inches or an acceptable equivalent. The curb shall be five (5) inches thick at the top and the gutter portion shall be pitched back to the face for proper drainage.
      (3)   Curb Alternate No. 3. Combination rolled concrete curb and gutter shall be permitted only on local streets. Curbs shall be twenty-four (24) inches wide at the base, thirteen (13) inches high in the back and have an exposed face of four (4) inches or an acceptable equivalent. The radius of the rolled face shall be a minimum of ten (10) inches.

1119.11 SIDEWALKS.

   All construction of sidewalks shall conform to the following minimum requirements:
   (a)   Installation. In all proposed high density residential and commercial subdivisions, sidewalks shall be installed on all lot frontages.
      (1)   Sidewalks shall be at least five (5) feet wide when located within commercial subdivisions, and at least four (4) feet wide when located in residential subdivisions. All sidewalks shall be located within the street right-of-way . Where a subdivision is an extension of or adjacent to an existing or recorded subdivision with walks, sidewalks shall align with the existing walks.
      (2)   Wherever the proposed subdivision is within five hundred (500) feet of a shopping center, school, recreation area or other such facilities, sidewalks leading to such facilities shall be required and shall be at least five (5) feet wide and located within the street right-of-way.
   (b)   Construction. Sidewalks, where provided, shall be constructed of 3500 psi Cement Concrete. They shall be constructed at least four (4) inches thick, underlain by three (3) inches of compacted crushed stone, gravel or blast furnace slag. Expansion joints shall be provided at least every twenty (20) feet and contraction joints, trowel formed or sawed, every five (5) feet. A grass planting strip may be required between the curb and sidewalk.

1119.12 BRIDGES AND CULVERTS.

   The design for bridges shall meet the structural requirements, width and clearances in accordance with ODOT and City Standards. Bridge culverts shall be of adequate opening to meet applicable stream flow requirements and shall be designed to meet ODOT engineering standards and practices.

1119.13 BLOCKS.

   (a)   Residential Subdivisions.
      (1)   Residential blocks shall have sufficient width to provide two (2) tiers of lots. Exceptions to this may be made in blocks adjacent to railroads, waterways or where reverse frontage lots bordering an arterial street are used.
      (2)   Blocks shall have a minimum length of five hundred (500) feet and have a maximum length of one thousand (1,000) feet. Wherever feasible, blocks along collector and arterial streets shall be not less than one thousand (1,000) feet in length.
   (b)   Commercial and Industrial Subdivisions. The block layout shall conform, as appropriate, with due consideration of site conditions, to the best possible layout to serve the public; to permit good traffic circulation and the parking of vehicles; to make delivery and pick-up efficient; and to facilitate the best design of the units in the proposed subdivision. The block layout in these areas shall further be governed by the most efficient arrangement of space for the proposed present use and future expansion.

1119.14 MONUMENTS AND MARKERS.

   Generally, all work shall conform to standards set forth by the American Congress of Surveying and Mapping and the following minimum standards:
   (a)   Monuments. Monuments shall be a minimum size of four (4) inches square and thirty-six (36) inches long, and made of concrete; or by setting a four (4) inch diameter cast iron, steel or plastic pipe filled with concrete using an iron rod in the center or a brass or copper plate on the top for marking the exact point. Concrete monuments shall be set at the following locations:
      (1)   Intersections of all lines forming angles in the boundary lines of the subdivision tract;
      (2)   At such intermediate points on line as may be required by the City Engineer; and
      (3)   At such points along street or road right-of-way lines as may be required by the City Engineer so as to provide future points of reference.
   (b)   Markers. Markers shall be solid metal at least thirty (30) inches long and five-eighths (5/8) of an inch in diameter. Markers shall be set at the following locations:
      (1)   At all lot corners except those monumented;
      (2)   At all points of tangent or points of curvature along interior street rights-of-way;
      (3)   At points of change in direction along lot lines; and
      (4)   At all points where lot lines intersect street curves.
   (c)   Placement of Monuments and Markers. Monuments and markers shall be set in exact position by a Professional Surveyor in accordance with the bearings and distances shown on the Plat of Record. Monuments shall be set flush with the finished ground level. Markers shall be driven into the ground to within one-half (1/2) inch of finished ground level. Guard stakes or pins shall be set adjacent to monuments and markers to provide for protection against disturbance and to aid in future location. Any monuments or markers that are moved or removed shall be replaced by a Professional Surveyor at the Subdivider's expense until such time as the Subdivider's involvement in the plat ceases, after which the landowner shall bear the expense for resetting by the Surveyor.

1119.15 GENERAL LOT STANDARDS.

   All lots must conform to the minimum requirements of the Zoning Code for the zoning district in which the lot is located, and to minimum requirements of the Health Department for factors related to sewage disposal and/or water supply.
   (a)   Lots shall be laid out so as to provide reasonable access; soil and geologic conditions should be compatible with the proposed uses; and the alteration of existing site conditions should be kept to a minimum.
   (b)   All lots shall front on an existing or proposed public street with a minimum right-of-way width of fifty (50) feet as provided for in these Regulations.
   (c)   Lots shall be laid out so as to provide proper drainage away from buildings. Individual lot drainage shall be coordinated with the general storm drainage pattern for the area.
   (d)   Catch basins and fire hydrants must be placed so as to provide unimpeded access to each lot.
    (e)   Side lot lines shall be substantially at right angles or radial to street lines.
   (f)   If unusable remnants of land exist after subdividing, such that they are below the minimum lot size and cannot be further subdivided, they shall be incorporated into existing or proposed lots.
   (g)   Double frontage lots are prohibited except where essential to prevent vehicular access to arterial streets or to overcome topographic and orientation disadvantage.
   (h)   All lots with street frontage not otherwise regulated by zoning requirements shall have at least fifty (50) feet of street frontage.

1119.16 SOIL EROSION AND SEDIMENTATION CONTROL.

   All subdivisions shall be designed to adequately control soil erosion and sedimentation, as provided for in the City's Soil Erosion and Sedimentation Control Regulations. Soil Erosion and Sedimentation Control Plans shall be submitted to the Planning Commission for review concurrent with Preliminary and Final Plats.

1119.17 STORM WATER MANAGEMENT.

   All subdivisions shall be designed to adequately control, collect and dispose of storm water drainage from the site, as provided for in the City's Storm Water Management Regulations. Storm Water Management Plans shall be submitted to the Planning Commission for review concurrent with Preliminary and Final Plats.

1119.18 STANDARDS FOR SEWAGE DISPOSAL.

   All subdivisions within the City must comply with City standards for sewage disposal systems. For subdivisions outside the City's corporate limits but within the City's three-mile area of jurisdiction, such subdivisions must comply with the requirements of the County Health Department and County Water and Sewer District for sewage disposal systems.
   (a)   Connection to City Sanitary Sewer Systems.
      (1)   All subdivisions shall be connected to the City sanitary sewer system and such system shall serve every lot within the proposed subdivision. No lands outside the City's corporate limits shall be permitted to connect to or extend in any manner any City sanitary sewer line unless such lands are first annexed into the City of Steubenville.
      (2)   The design and construction of sanitary sewer system facilities shall be in accordance with the standards of the City. All plans and specifications which shall accurately portray the entire proposed sewage system, including facilities related to collection and disposal shall contain the seal and signature of the Professional Engineer who shall have prepared such. They shall be submitted to the Planning Commission, and are subject to the approval of the City Engineer and shall further comply with all State and Federal regulations. All lateral connections must be approved by the Health Department.
   (b)   Alternative Sewage Disposal Systems. Where the City sanitary sewer system is not available to a Minor Subdivision as determined by the City Engineer, the use of individual alternative sewage disposal systems may be proposed only as a temporary measure, to be used until connection to the City sanitary sewer system becomes feasible. In such cases where alternative sewage disposal methods are used, the alternative systems shall be abandoned when the City sanitary sewer system becomes available and connection to the City system is made. In all Minor Subdivisions where alternative sewage disposal is proposed, the approval for the installation of such by the Health Department shall be required. Use of alternative sewage disposal systems shall not be permitted in Major Subdivisions. No land which has been determined to be unsuitable for alternative sewage disposal systems by the Health Department shall be platted for subdivision or building purposes unless connection to the City sanitary sewer system is made.

1119.19 STANDARDS FOR WATER SUPPLY SYSTEMS.

   All subdivisions within the City must comply with City standards for water supply systems. For subdivisions outside the City's corporate limits but within the City's three-mile area of jurisdiction, such subdivisions must comply with the requirements of the County Health Department and County Water and Sewer District for water supply systems.
   (a)   Connection to City Water Supply Systems.
      (1)   All subdivisions shall be connected to the City water supply system and such system shall serve every lot within the proposed subdivision. No lands outside the City's corporate limits shall be permitted to connect to or extend in any manner any City water supply line unless such lands are first annexed into the City of Steubenville.
      (2)   Minimum water line size shall be eight (8) inch or larger, however extensions of existing six (6) inch lines may be permitted when approved by the City Engineer. All such lines shall be looped systems whenever possible. No terminating water line shall exceed five hundred (500) feet in length.
      (3)   The design and construction of City water supply system facilities shall be in accordance with the standards of the City. All plans and specifications which shall accurately portray the entire proposed water supply system, including facilities related to storage and distribution shall contain the seal and signature of the Professional Engineer who shall have prepared such. They be submitted to the Planning Commission, and are subject to the approval of the City Engineer and shall further comply with all State and Federal regulations. All lateral connections must be approved by the Health Department.
   (b)   Fire Protection Requirements.
      (1)   Fire hydrants shall be installed as an integral part of the City water supply system in compliance with City standards and meeting the following minimum requirements:
         A.   Hydrant placement and spacing shall be in accordance with City standards. The distance between hydrants shall be as follows, or as otherwise determined by the City Engineer:
 
DEVELOPMENT
TYPE
MAXIMUM DISTANCE
BETWEEN HYDRANTS
MAXIMUM DISTANCE FROM HYDRANT TO ANY STRUCTURE
High Density
Residential,
Commercial or
Industrial
500 feet
250 feet
Medium Density
Residential
750 feet
375 feet
Low Density
Residential
1,000 feet
500 feet
Other
As determined by City Engineer
         B.   In any event, hydrants shall be placed at all street intersections and at all terminations of water lines. Where an existing hydrant is two hundred fifty (250) feet or less from a subdivision, the existing hydrant shall be deemed satisfactory and spacing may be determined taking the existing hydrant into consideration. All hydrants shall be located within street rights-of-way.
         C.   The proposed locations of fire hydrants shall be shown on the submitted plans and specifications of the water supply system. Any existing hydrants two hundred fifty (250) feet or less from the proposed subdivision shall be shown with an exact distance in feet from the hydrant to the nearest lot line of the subdivision.

1119.20 UTILITIES.

   (a)   All utility easements, when located outside of the right-of-way of streets, must be twenty (20) feet wide or as otherwise determined by the responsible agency except that utility easements adjacent to street rights-of-way may be reduced to ten (10) feet in width.
   (b)   Where necessary, utility easements may be required along side or rear lot lines.
   (c)   All Final Plats shall contain a notice requiring the notification of utility companies at least two (2) working days before initiating excavation, drilling or blasting activities.

1119.21 COMMON OPEN SPACE.

   Where land within a subdivision is set aside for common open space purposes, such common open space shall be located so as to be free of traffic hazards and accessible from a public street, and where topography permits, be centrally located, reasonably compact, and easily accessible to all residents of the subdivision. Whenever a Subdivider is required or proposes to provide land or structures for the benefit of residents of a proposed subdivision, a Home Owners Association shall be established to provide for the maintenance of such areas in accordance with the City Zoning Code. Where a Subdivider provides active play area or other recreational facilities, the Subdivider may be required to provide suitable guarantee of the completion and maintenance of said facilities in accordance with the procedures of Chapter 1121 of these Regulations.

1119.22 REQUIREMENTS FOR MINED LANDS.

   (a)   It shall be the sole responsibility of the Subdivider to determine the existence of surface or underground mining activities which may traverse, be adjacent to, or affect the area proposed to be subdivided. The determination of the existence of previous surface or underground mining activities shall be documented from the records of County, State, or Federal agencies or from other available information.
   (b)   Where the existence of previous surface or underground mining activities has been documented, the Subdivider shall be required to perform exploratory excavations or borings on each proposed lot within the subdivision in order to determine the extent of previous mining activities. Such exploratory excavations or borings shall be completed under the direction of a Engineering Geologist or Professional Engineer, who shall file a report with the Planning Commission certifying to each lots stability and suitability for development. Such report shall be detailed and include a description of the excavations or borings for each test site. The location of all exploratory excavations or borings shall be shown on the submitted Preliminary Plat.
   (c)   No land which has been previously surface mined or which has been subject to underground mining for which the documentation required herein indicates that the area may be unstable or unsuitable for development shall be platted for subdivision or building purposes unless adequate methods or safeguards are formulated by the Subdivider to prevent damage from such hazards.

1119.23 PLAN SPECIFICATIONS.

   (a)    All plans shall be legibly drawn to scale and shall follow the format required herein. Copies submitted for review and approval may be reproduced by any means including, but not limited to sepias, blue line prints, and other commonly used methods of reproduction. Plats and plans shall meet the size and scale requirements of the applicable section of these Regulations.
   (b)   In addition to the copies of plats and related plans required herein for Major Subdivisions, one (1) copy of plats and plans submitted shall be drawn on or reproduced on permanent transparent material such as mylar with India ink or other medium which shall be legible in all respects.

1121.01 COMPLETION OF IMPROVEMENTS.

   Before a subdivision plat is finally approved, the Subdivider shall be required to provide a suitable guarantee of the completion of improvements pursuant to these Regulations. All required improvements shall be completed by the Subdivider at no expense to the City, County or Township, as applicable. Prior to acceptance of improvements and release from bond, four (4) copies of as-built plans for all improvements must be submitted to the City Engineer.

1121.02 GUARANTEE OF COMPLETION.

   As a condition for the final approval of a Subdivision Plat, the City Engineer shall require the Subdivider to provide a guarantee of the completion of improvements. Said guarantee, to be approved by the City Law Director, shall meet the requirements of this Chapter. Such a guarantee shall be provided for improvements such as, but not limited to, the following: streets, curbs, sidewalks, sanitary sewers, water lines, storm water management facilities and recreational amenities.

1121.03 TYPES OF GUARANTEES.

    Guarantee of the completion of improvements required by these Regulations and/or by the Planning Commission shall be submitted by the Subdivider to the City. The Subdivider shall post financial security with a bonding or lending institution of his choice, provided said institution is authorized to conduct such business in the State of Ohio (either a Federal or State chartered lending institution). The acceptable types of financial security are as follows:
   (a)   Performance bond or Corporate bond with an acceptable surety, and of form satisfactory to the Commission and Law Director; or
   (b)   Certified check payable to the City.
      (Ord. 2011-71. Passed 10-11-11.)

1121.04 AMOUNT OF FINANCIAL SECURITY.

   The amount of financial security shall be equal to one hundred (100) percent of the costs of the required improvements for which financial security is to be posted. The cost of the improvements shall be established from an estimate provided by the Subdivider and approved by the City Engineer. If the Subdivider requires more than one (1) year from the date of posting of the financial security to complete the required improvements, the amount of financial security may be increased by an additional ten (10) percent for each one (1) year period beyond the first anniversary date from posting of financial security or to an amount not exceeding one hundred fifty (150) percent of the cost of completing the required improvements as re-established on or about the expiration of the preceding one (1) year period by using the above procedure.

1121.05 GUARANTEE OF IMPROVEMENTS - STAGED DEVELOPMENT.

   (a)   In the case where development is projected over a period of years, the Planning Commission may authorize submission of Final Plats by phases or stages of development subject to such requirements or guarantees as to improvements in future phases or stages of development as it finds essential for the protection of any finally approved section of the subdivision. As the work of installing the required improvements proceeds, the Subdivider may request the City to release, from time to time, such portions of the financial security necessary for payment to the contractor or contractors performing the work.
   (b)   Any such request shall be in accordance with section 1121.07 of this Chapter, and upon approval, the City Engineer shall authorize release by the bonding company or lending institution of an amount estimated by the City Engineer fairly representing the value of the improvements completed.

1121.06 GUARANTEE OF SEWER AND WATER SYSTEM FACILITIES UNDER COUNTY CONTROL.

   Where public sanitary sewer or water supply facilities are to be installed within the City's three-mile area of jurisdiction which shall be under the control of the County Water and Sewer District, financial security to assure proper completion and maintenance thereof shall be posted in accordance with the regulations of the County and shall not be included with the financial security as otherwise required by this Chapter.

1121.07 INSPECTION OF IMPROVEMENTS AND RELEASE FROM IMPROVEMENT BOND.

   (a)   When the Subdivider has completed all of the necessary and appropriate improvements, he shall notify the City Engineer in writing, by certified or registered mail, of the completion of the aforesaid improvements and shall send a copy thereof to the Planning Commission. The City Engineer shall, within ten (10) days from receipt of such notification, inspect all of the aforesaid improvements and file a report, in writing, with the Commission and the Subdivider by certified or registered mail. The report shall be made and transmitted within thirty (30) days after the inspection by the City Engineer; said report shall be detailed and shall indicate approval or rejection of said improvements, either whole or in part, and if said improvements, or any portion thereof, shall not be approved or shall be rejected by the City Engineer, the report shall contain a statement of reasons for such non-approval or rejection.
   (b)   If any portion of the said improvements shall not be approved or shall be rejected by the City Engineer, the Subdivider shall proceed to complete the same and, upon completion, the same procedure for notification, as outlined herein shall be followed.
   (c)   Nothing herein shall be construed in limitation of the Subdivider's right to contest or question by legal proceedings or otherwise, any determination of the City Engineer.

1121.08 REMEDIES TO EFFECT COMPLETION OF IMPROVEMENTS.

   In the event that any improvements which may be required have not been installed as provided for in these Regulations or in accord with the approved Final Plat, the City Law Director is hereby granted the power to enforce any corporate bond, or other security by appropriate legal and equitable remedies. If the proceeds of such bond, or other security are insufficient to pay the cost of installing or making repairs or corrections to all the improvements covered by said security, the City may, at its option, install such improvements in all or part of the subdivision and may institute appropriate legal equitable action to recover the monies necessary to complete the remainder of the improvements. All of the proceeds, whether resulting from the security or from any legal or equitable action brought against the Subdivider, or both, shall be used solely for the installation of the improvements covered by such security, and not for any other municipal purpose.

1121.09 DEDICATION OF IMPROVEMENTS.

   All improvements shall be deemed to be private improvements and only for the benefit of the specific project until such time as the same have been offered for dedication and formally accepted by the City, County or Township, as applicable, by ordinance, resolution, deed or other formal document. Responsibility with respect to improvements shown on the Final Plat shall be transferred once the improvements have been formally accepted.

1121.10 MAINTENANCE OF IMPROVEMENTS.

   Where the City accepts dedication of all or some of the required improvements following completion, the City Engineer shall require the posting of financial security to secure structural integrity of said improvements in accordance with the design and specifications as depicted on the Final Plat for a term not to exceed five (5) years from the date of acceptance of dedication. Said financial security shall be the same type as otherwise required in this Chapter with regard to the installation of said improvements, and the amount of the financial security shall not exceed ten (10) percent of the actual cost of installation of said improvements.

1123.01 CORRELATION WITH OTHER CITY OR COUNTY PERMITS.

   No department, board, official or public employee of the City or County vested with the duty or authority to issue permits, certificates or licenses for any subdivision or development of land shall issue the same if such subdivision or development would be in conflict with any of the provisions of these Subdivision Regulations, and if so issued the same shall be void.

1123.02 RELATION TO PRIVATE CONTRACTS.

   These Regulations bear no relation to any private easement, covenant, agreement or restriction, nor is the responsibility of enforcing such private easement, covenant, agreement or restriction implied herein to any public official. When these Regulations call for more restrictive standards than are required by private contract, the provisions of these Regulations shall prevail.

1123.03 CHANGES IN PLAT AFTER APPROVAL.

   No change, erasure or revision shall be made on any Preliminary or Final Plat nor on accompanying data sheets after approval has been endorsed in writing on the plat or sheets unless authorization for such has been granted in writing by the Planning Commission.

1123.04 DUTIES OF LAW DIRECTOR.

   The City Law Director shall, immediately upon a violation of these Subdivision Regulations having been called to his attention, institute appropriate legal action in accordance with Ohio Revised Code, Chapter 711.

1123.05 PENALTY.

   Whoever violates any of the provisions of these Regulations or fails to comply with any order issued pursuant thereto shall be penalized as provided for in Ohio Revised Code 711.102.

1125.01 REQUIRED CERTIFICATES AND ACKNOWLEDGMENTS.

   The applicable certificates and acknowledgments stated below shall be inscribed with black waterproof India ink or veritype on the plat, exactly as stated, and shall be properly signed in reproducible ink by the appropriate officials. The Subdivider should consult with the Staff to identify those certificates/ acknowledgments which are necessary in a given case.
   (a)   Certification by Surveyor that the survey and plat are accurate and correct:
      I (Surveyor's Name) , a Professional Surveyor registered by the State of Ohio, do hereby certify that the plat as shown hereon is based upon actual field survey of the land described and that all angles, distances and courses are correctly shown, that the monuments and markers have been set as shown on the plat, and that this plat correctly represents the lots, land, streets and highways as surveyed and plotted by me for the owners or agents.
                                    SEAL (Signature of Surveyor)
Date   (Registration No.)
   (b)   Certification by Professional Engineer that the plans and specifications for water supply and/or sewage disposal facilities comply with applicable regulations:
      I (Engineer's Name) , a Professional Engineer registered by the State of Ohio, do hereby certify that the plans and specifications as shown hereon for the subdivision plat known as (Name of Subdivision) comply with the design criteria and construction standards of the (City or County Water and Sewer District).
                              SEAL (Signature of Engineer)
       Date    (Registration No.)
   (c)   Certificate of ownership and acknowledgment of Subdivision Plat:
Before me, the subscriber, a Notary Public, personally appeared (Name of Landowner) , who being duly sworn according to the law, deposes and says they are the owners and/or equitable owners of the property shown on the plat, and that they acknowledge the same to be their act and plat according to the law.
    (Signature of Landowner)
      Sworn to and subscribed before me this          day of                        19   .
      My Commission expires the       day of                    , 19    .
    (Signature of Notary)
    Notary Public
   (d)   Certificate for approval of Lot Additions by Staff:
      Approved by Steubenville Planning & Zoning Commission; no plat required. Cannot be used for structure or placement of building for human occupancy.
(Signature of City Planner)                                
    City Planner    Date
   (e)   Certificate for approval of Minor Subdivisions by Staff:
      Approved by Steubenville Planning & Zoning Commission.
(Signature of City Planner)                                
    City Planner    Date
   (f)   Certificate for approval of Major Subdivisions by Planning Commission:
      Approved by Steubenville Planning & Zoning Commission on                   19   .
       (Signature of Secretary)    (Signature of Chair)
       Secretary    Chairperson
   (g)   Certificate for approval of public water supply and/or sewage disposal facilities:
      It is hereby certified that all plans and specifications for (water supply and/or sanitary sewer) facilities in the subdivision plat known as (Name of Subdivision) have been reviewed and approved by the (City or County Water and Sewer District) .
                                       (Signature of Engineer)
       Date   City Engineer or County
         Water & Sewer District
   (h)   Certificate for acknowledgment of easements:
      Easements shown on this plat are for the construction, operation, maintenance, repair, replacement or removal of water, gas, sewer, electric, telephone, or other utilities or services, and for the express privilege of removing any and all trees or other obstructions to the free use of said utilities and for providing of ingress and egress to the property for said purposes, and are to be maintained as such forever.
                                (Signature of Landowner)
       Date
   (i)   Offer of dedication:
      We the undersigned, owners of the real property shown and described hereon, do hereby certify that we have laid off, platted and subdivided said property and that all proposed streets, easements, and other property identified as proposed public property shown and not heretofore dedicated (excepting those areas labeled as "private"), are hereby dedicated to the public use.
                                      (Signature of Landowner)
       Date
   (j)   Recording Certificate:
      State of Ohio, County of Jefferson
      Received for record on the       day of                    19    .
      Recorded on the        day of                 , 19     in Plat Book No.       , Page      .
                (Signature of Recorder)
                County Recorder