Stow City Zoning Code
TITLE THREE
Subdivision Regulations
1113.01 SHORT TITLE.
This Title Three of Part Eleven - Planning and Zoning Code shall be known as the "Platting and Subdividing Ordinance of the City of Stow" and shall be referred to herein as the "subdivision regulations."
(Ord. 2007-222. Passed 1-10-08.)
1113.02 PURPOSE: INTERPRETATION.
(a) These subdivision regulations are adopted to secure and provide for:
(1) The promotion of the public health, safety, morals, comfort, convenience, prosperity, or general welfare;
(2) The proper arrangement of streets or highways in relation to existing or proposed streets and highways and the land use and thoroughfare plan;
(3) Safe and convenient vehicular and pedestrian movement;
(4) Adequate and convenient open spaces for traffic, utilities, the access of firefighting apparatus, recreation, light and air, and the avoidance of congestion of the population;
(5) The orderly, efficient, and appropriate development of land;
(6) The orderly and efficient provision of community facilities at minimum cost and maximum convenience;
(7) The accurate surveying of land and preparing and recording of plats; and
(8) The equitable handling of all subdivisions and plats by providing uniform procedures and standards for observance by both the approving authority and the subdivider.
(b) The provisions of these subdivision regulations shall be construed to be minimum requirements.
(Ord. 2007-222. Passed 1-10-08.)
1113.03 DEFINITIONS.
For the purpose of this Title Three the following words and phrases shall have the following meanings ascribed to them respectively:
(a) "BUILDING SETBACK LINE." A line establishing the limits of a yard which abuts a street and in which no building is located.
(b) "COMMISSION."The City Planning Commission.
(c) "COMPREHENSIVE PLAN." The mapped or written proposals for the future development of the City and affected adjacent areas.
(d) "COUNCIL." The City Council.
(e) "DWELLING UNIT."A building or portion thereof designed exclusively for residential occupancy by one family and having cooking facilities.
(f) "EASEMENT." A grant by the property owner for the use of a strip of land by the public, a corporation or other persons for specific purposes.
(g) "IMPROVEMENTS."The grading, draining, utilities, sanitary and storm sewers, water mains, pavement, curbs and gutters, sidewalks, street and traffic signs, street lights, street trees, landscaping, and the appropriate appurtenances required to render land suitable for the use proposed.
(h) "LOT" or "PARCEL." A division of land separated or proposed to be separated from other divisions of land by description on a recorded subdivision plat or recorded survey map or by metes and bounds for purpose of sale, lease, or separate use.
(i) "LOT, CORNER." A lot at the point of intersection of and abutting on 2 intersecting streets.
(j) "LOT, DOUBLE-FRONTAGE." A lot other than a corner lot, that abuts more than one street.
(k) "LOT LINES." The boundaries of a lot.
(l) "MAJOR SUBDIVISIONS."Any subdivision that does not meet the requirements of a minor subdivision.
(m) "MINOR SUBDIVISION." A division of a parcel of land along an existing public street or road, not involving the opening, widening, or extending of any street or road and involving not more than 5 lots after the original tract has been completely subdivided.
(n) "PEDESTRIAN WALKWAY." A dedicated public right-of-way limited to pedestrian use.
(o) "PLAN, PRELIMINARY." A drawing of a major subdivision which, if approved, permits proceeding with the preparation of the final plat.
(p) "PLAT, FINAL." A final tracing of all or a portion of a subdivision in its complete survey information which, if approved, may be transferred and recorded.
(q) "PUBLIC UTILITY." Any person, firm, corporation, or governmental agency furnishing to the public, under regulations, electricity, gas, sewer, water, telephone, transportation, steam, cable television, or other similar public services.
(r) "STREET, PUBLIC." A right-of-way, dedicated to public use, which provides vehicular and pedestrian access to adjacent properties.
(s) "STREET, PRIVATE." A right-of-way which provides vehicular and pedestrian access to residential, commercial, or industrial structures or groups of structures and which will not be dedicated.
(t) "STREET, CUL-DE-SAC." A local street having one end open to vehicular traffic and the other end permanently closed with a vehicular turnaround.
(u) "STREET, DEAD-END." A street temporarily having only one outlet for vehicular traffic, but intended to be extended or continued in the future and provided with a vehicular turnaround on a temporary easement.
(v) "SUBDIVIDER." Any individual, firm, association, corporation, trust, or legal entity, including agents, commencing proceedings under these subdivision regulations to subdivide land.
(w) "SUBDIVISION."
(1) The division of any parcel of land shown as a unit or as contiguous units on the last preceding tax roll into 2 or more parcels, sites, or lots, any one of which is less than 5 acres, for the purpose, whether immediate or future, of transfer of ownership. However, the division or partition of land into parcels of more than 5 acres not involving any new streets or easements of access and the sale or exchange of parcels between adjoining lot owners, where the sale or exchange does not create additional building sites, shall be exempted; or
(2) The improvement of one or more parcels of land for residential, commercial, or industrial structures or groups of structures involving the division or allocation of land for the opening, widening, or extending of any street, except private streets serving industrial structures, or 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.
(x) "SUBDIVISION REGULATIONS." Ordinance 2007-222, passed January 10, 2008, as amended, codified herein as Title Three of this Part Eleven - Planning and Zoning Code.
(Ord. 2007-222. Passed 1-10-08.)
1115.01 SALE OF LAND IN SUBDIVISION.
No owner or agent of the owner of any land located within a subdivision shall transfer or agree to transfer ownership in the future by reference to or exhibition or use of a plan or plat of a subdivision before the plan or plat has been approved and recorded in the manner prescribed herein. Any sale or transfer made contrary to this section is void. The description of the sublot or parcel by metes and bounds in the instrument of transfer or other documents used in the process of selling or transferring shall not exempt the transaction from the provisions of these subdivision regulations.
(Ord. 2007-222. Passed 1-10-08.)
1115.02 REVISIONS OF PLAT AFTER APPROVAL.
No changes, erasures, modifications, or revisions shall be made in any plat of a subdivision after approval has been given by the City and an endorsement made in writing on a plat, unless the plat is first resubmitted and the changes approved by the Planning Commission and Council.
(Ord. 2007-222. Passed 1-10-08.)
1115.03 VARIANCES.
The Planning Commission may recommend to Council variances to these subdivision regulations as specified herein, except those regulations requiring or affecting required improvements, where unusual or exceptional factors or conditions require such modification and provided that the Planning Commission and Council:
(a) Find that unusual topographical or exceptional physical conditions exist;
(b) Find that strict compliance with these regulations would create an extraordinary hardship in the face of the exceptional conditions;
(c) Permit any modification to depart from these regulations only to the extent necessary to remove the extraordinary hardship;
(d) Find that any modification granted will not be detrimental to the public interest or in conflict with the intent and purpose of these regulations; and
(e) Require such other conditions to be met by the proposed plat as the Commission and Council may find necessary to accomplish the purposes of these regulations when modified.
(Ord. 2007-222. Passed 1-10-08.)
1115.04 APPEAL.
Rights of appeal shall be as set forth in Ohio R.C. Ch. 711 or other applicable sections of the Revised Code.
(Ord. 2007-222. Passed 1-10-08.)
(Ord. 2007-222. Passed 1-10-08.)
1115.05 COMPLIANCE REQUIRED.
No person shall violate or fail to comply with any of the provisions of these subdivision regulations or any order made pursuant thereto.
(Ord. 2007-222. Passed 1-10-08.)
1115.06 COUNTY RECORDER RECORDING PLATS CONTRARY TO PROVISIONS PROHIBITED.
No county recorder shall record a plat contrary to the provisions of these regulations.
(Ord. 2007-222. Passed 1-10-08.)
1115.07 TRANSFERRING SUBLOT BEFORE PLAT HAS BEEN RECORDED PROHIBITED.
No person, being the owner or agent of the owner of any land within or without the City, shall transfer any sublot, parcel, or tract of the land from or in accordance with a plat of a subdivision before the plat has been recorded in the office of the county recorder.
(Ord. 2007-222. Passed 1-10-08.)
1115.08 SALE OF SUBLOT BEFORE COMPLYING WITH PROVISIONS PROHIBITED.
No person shall dispose of or offer for sale or lease, for a time exceeding 5 years, any sublot or any part of a sublot in a subdivision before complying with any of the provisions of these subdivision regulations.
(Ord. 2007-222. Passed 1-10-08.)
1115.99 PENALTY.
(a) Whoever violates any provision of Section 1115.05 shall be fined not less than $10.00 nor more than $1,000. This sum may be recovered, with the costs, in a civil action brought in the court of common pleas of the county by a legal representative of the City, in the name of the City and for the use thereof.
(b) Whoever violates any provision of Section 1115.06 shall be fined not less than $100.00 nor more than $500.00. This sum to be recovered with costs in a civil action by the City, in the name of and for the use of the City.
(c) Whoever violates any provision of Section 1115.07 shall be fined not less than $10.00 nor more than $500.00 for each sublot, parcel, or tract of land so sold. The description of such sublot, parcel, or tract by metes and bounds in the deed or transfer shall not serve to exempt the seller from the penalty provided in this division.
(d) Whoever violates any provision of Section 1115.08 shall be fined $500.00 for each sublot or part of a sublot so sold, offered for sale, or leased. This sum to be recovered, with costs, in a civil action, in the name of and for the use of the City.
(Ord. 2007-222. Passed 1-10-08.)
1117.01 PURPOSE; CLASSIFICATIONS OF SUBDIVISIONS.
(a) The purpose of this chapter is to specify the procedures that shall be followed to subdivide land.
(b) There are two basic types of subdivisions:
(1) Minor subdivisions. The City Engineer or a representative designated by the Planning Commission and confirmed by the Council shall determine that a proposed subdivision of land is a minor subdivision if the proposed division of a parcel of land is along an existing public street, does not involve the opening, widening, or extending of any street or road and does not involve more than five lots after the original tract has been completely subdivided.
(2) Major subdivisions. Any subdivision that does not meet the requirements of a minor subdivision is a major subdivision.
(Ord. 2007-222. Passed 1-10-08.)
1117.02 MINOR SUBDIVISION PROCEDURE.
(a) Authority of Review and Approval. The City Engineer or a representative designated by the Planning Commission and confirmed by Council shall review minor subdivisions. If a proposed minor subdivision complies with all applicable platting, subdivision and zoning regulations, the City Engineer shall approve the minor subdivision by noting, on the conveyance of a parcel of land in a minor subdivision, the phrase “Approved by the City of Stow Planning Commission, no plat required” and the signature of the City Engineer or his designated representative. However, if in the judgment of the City Engineer or his designated representative, there is any question as to whether a proposed minor subdivision complies with all applicable platting, subdivision and zoning regulations, the City Engineer or his designated representative may, at the applicant’s request, forward such proposed minor subdivision to the Planning Commission. Planning Commission shall make a recommendation of approval, disapproval or approval with modifications to City Council.
(b) Submission of Minor Subdivisions. Any person proposing to create a minor subdivision shall submit the following to the designated authority:
(1) A legal description, on the conveyance of the parcel, by a surveyor registered in the state and containing all easements and restrictions of record;
(2) A private survey plat of the parcel sought to be transferred, by a surveyor registered in the state;
(3) Evidence of compliance with all the requirements of these subdivision regulations, or agreements or guarantees insuring that all required improvements will be provided; and
(4) Any minor subdivision fees.
(c) Action by the City Engineer or a Designated Representative:
(1) Within seven working days after receipt of a minor subdivision by the City Engineer or a designated representative, or within a mutually agreed upon extension, the City Engineer or his representative shall either approve or reject the application for transfer without a record plat.
(2) If the City Engineer or his representative approves the transfer without plat, the approval shall expire within 60 days unless the conveyances are recorded in the office of the county recorder during that period. If the City Engineer or his representative does not approve the transfer, the applicant shall be notified of the reason for rejection.
(Ord. 2007-222. Passed 1-10-08.)
1117.03 MAJOR SUBDIVISION PROCEDURE.
(a) General Procedure. Major subdivisions shall be approved in four stages: the preliminary discussion, the preliminary plan, the improvement plan, and the final plat.
(b) Preliminary Discussion. The subdivider shall consult with the director of development, the City Engineer, and the sanitary.
(c) Preliminary Plans:
(1) Submission of preliminary plans. The subdivider shall make application to the Planning Commission for approval of a preliminary plan. All information required by Section 1119.02 shall be submitted to the Commission on the preliminary plan as follows:
A. One copy of the application and the required fee; and
B. Sixteen copies of the preliminary plan, including a vicinity map.
(2) Action by the Planning Commission. The Planning Commission shall approve, conditionally approve, or reject the preliminary plan. The action shall be entered on the official records of the Commission and a copy of the preliminary plan with action noted kept on file. If approved or conditionally approved, two copies of the plan shall be sent to the Clerk of Council.
(3) Effect of approval. Approval of a preliminary plan is not an acceptance of the subdivision for record. It is an approval of a general plan as a guide for the subdivision for record. It is an approval of a general plan as a guide for the preparation of improvement plans and a subdivider plat for final approval and recording upon fulfillment of all requirements of these subdivision regulations. Approval of a preliminary plan shall be effective for a period of one year following the date of approval, unless an extension of time is granted by the Planning Commission. Upon expiration of a preliminary plan approval, no approval of a final plat shall be given until the preliminary plan has been resubmitted and approved.
(d) Final Plats:
(1) Submission of final plats. The subdivider shall make application to the Planning Commission for approval of a final plat. The final plat submitted shall conform to the approved preliminary plan. Subdivisions shall be submitted for final approval in consecutive sections, unless otherwise approved by the Planning Commission. All items required by Section 1119.04 shall be submitted, including the original tracing and ten copies of the final plan and vicinity map. The subdivision may be developed in approved phases.
(2) Submission of improvement plans. The Engineer representing the developer shall prepare improvement plans which shall conform to the approved preliminary plan and shall include all phases of the work to be performed to make the land suitable for development into the proposed use. These plans shall be complete and precise in all details. The original and two copies shall be submitted to the City Engineer. The City Engineer shall approve the plans before any improvements are constructed.
A. All proposed improvements for open space, natural area preservation, or recreational purposes shall be included in the construction plans for the subdivision and shall be covered in the financial guarantees for performance and maintenance. All construction plans for subdivisions, in which land is proposed for open space, natural area preservation, or recreational use shall be referred to the director of parks and recreation for review and recommendation prior to approval by the City Engineer:
B. Five copies of the preliminary plan showing the final location of trees in the street rights-of-way as specified by the tree maintenance board shall be submitted. Copies shall be retained by the director of public service and the City Engineer, a copy shall be returned to the subdivider, and copies shall be placed in the files of the tree maintenance board and Planning Commission.
(3) Action:
A. No plat shall be recorded in the office of the county recorder until the plat has been formally approved by the Planning Commission and Council and endorsed by the chairman of the Planning Commission, the Clerk of Council, the Chairman of the Planning Committee of Council, the Mayor, and the City Engineer, each of which approvals shall be endorsed on the face of the plat. Before the City Engineer endorses his signature upon any plat or subdivision of lands, he shall calculate block closures and assess the fees therefore to the owner or subdivider, according to the rates established by the City.
B. The approval of any plat shall not constitute an acceptance by the City of the dedication to the public of any street or other open space shown thereon. A specific ordinance of Council shall be required for acceptance of any dedication for public use. The original tracing of the plat shall be retained by the City Engineer, who shall record the plat with the subdivider paying all recording costs.
1119.01 PURPOSE.
The purpose of this chapter is to inform the subdivider of the specific information he must provide to permit the adequate review, approval, and recording of plats.
(Ord. 2007-222. Passed 1-10-08.)
1119.02 PRELIMINARY PLANS.
The subdivider shall submit the following:
(a) Application.
(b) Vicinity Map. The vicinity map shall show the relationship of the proposed subdivision to the existing community facilities which serve or influence it. The map may be on the same sheet as the preliminary plan drawing and shall show:
(1) The name of the subdivision, the tract, the original lot or section number, and the north arrow;
(2) The existing and proposed main traffic arteries; and
(3) Other significant community activity areas or features.
(1) Identification:
A. The proposed name of the subdivision, which name must not duplicate any other name in the area, and the original lot or section number;
B. The names, addresses, and telephone numbers of the owners, the subdivider and the person who prepared the drawing; and
C. The scale, north arrow, and date.
(2) Existing data:
A. A boundary line survey, showing bearings and distances;
B. The streets on and adjacent to the subdivision, including the name, location, right-of-way, and roadway width of each, the planned public improvements, and the highways or other major improvements planned by public authorities for future construction on or near the subdivision, including journalized routes for highways;
C. Easements, including the location, width, and purpose of each;
D. The utilities on and adjacent to the subdivision, including the location and size of sanitary and storm sewers, the location and size of water mains, and the location of gas lines, fire hydrants, and utility poles. If water mains, sewers, or culverts are not on or adjacent to the tract, the drawing shall include the direction, distance to, and size of those nearest;
E. The ground elevations on the subdivision, shown by contours at reasonable intervals;
F. The soil conditions from the United States Soil Conservation Service or an approved soil testing laboratory;
G. Other conditions on the subdivision:
1. Water drainageways and areas subject to flooding;
2. Marshes;
3. Rock outcroppings;
4. Wooded areas;
5. Any structures or other significant features;
H. Other conditions on adjacent land within 200 feet:
1. The approximate direction and grade of the ground slope, including any embankments or retaining walls;
2. The location and type of buildings, fences, or tree lines;
3. Railroad lines;
4. Power lines and towers;
5. Other nearby nonresidential uses of land; and
6. The owners of adjacent unplatted land, for adjacent platted land, reference to the subdivision plat by name, plat book, and pages; and
I. Zoning requirements:
1. The district; and
2. The lot size and yard requirements.
(3) Proposals:
A. Streets, including the proposed streets, street names, and right-of- way widths;
B. Provisions for sanitary sewerage, water supply, and storm drainage systems;
C. Other rights-of-way or easements, including the location, width, and purpose of each;
D. Lots, including the numbers and dimensions and the area of irregular lots in square feet;
E. The minimum building setback lines;
F. The land parcels within the subdivision not to be divided into lots;
G. Public sites, reserved or dedicated for parks, playgrounds, or other public uses;
H. Sites for other uses, including multi-family dwellings, shopping facilities, churches, industry, or other nonpublic uses exclusive of single-family dwellings;
I. The total site data, including acreage, number of residential lots, minimum lot size, and acres in parks and other public uses;
J. When extensive changes of topography are contemplated, indication of the proposed topography; and
K. Proposals for the control of erosion and sedimentation as recommended by the soil and water conservation district.
(d) Other Information:
(1) The Commission or Council may require the additional information as they deem necessary.
(2) The information may include the subdivider's further preparation or modification of the plans and specifications and any additional studies or expert advice sought by the Planning Commission to assist in their evaluation of the proposed subdivision. The studies and expert advice may be provided by appropriate City officials, i.e. the City Engineer, the director of planning and development, the building inspector, or by other recognized and duly certified experts.
(3) The cost of securing expert advice or studies, including the use of City officials' time in excess of that normally provided under these regulations, shall be borne by the subdivider, who shall pay the costs prior to the approval of the preliminary plan, or the costs may be paid from the cash deposit required by Section 1101.04. All charges against the cash deposit shall be administered as provided in Sections 1101.02 to 1101.05 prescribed in the employment ordinances of such expert consultants to the City.
(Ord. 2007-222. Passed 1-10-08.)
1119.03 IMPROVEMENT PLANS AND SPECIFICATIONS.
(a) Drawings showing cross-sections, profiles, elevations, construction details, specifications, cost estimates and calculations, and computations for all required improvements shall be prepared by a professional engineer registered in the state. The improvement plans shall be prepared as directed by the City Engineer and shall be subject to his approval. Drawings showing the location and type of trees as specified and approved by the tree maintenance board shall be submitted.
(b) If it becomes necessary to modify the improvements as approved, due to unforeseen circumstances, the subdivider shall inform the City Engineer in writing of the conditions requiring the modifications. Written authorization from the City Engineer to make the required modification must be received before proceeding with the construction of the improvement.
(Ord. 2007-222. Passed 1-10-08.)
(c) At the completion of construction, and before acceptance, the subdivider’s engineer shall update the City Engineer’s set of tracings, drawn on bond paper or mylar, or whatever material then required by the Summit County, Ohio Fiscal Office or their designated authority, for permanent record, showing the location, size, and elevation of all improvements as constructed. (Ord. 2022-100. Passed 5-26-22.)
1119.04 FINAL PLATS.
The subdivider shall furnish the following:
(a) Application.
(b) Final Plat Drawing. The final plat shall be drawn in ink on bond paper or mylar, or whatever material then required by the Summit County, Ohio Fiscal Office or their designated authority, drawn 18 inches by 24 inches within the border and shall be at a scale approved by the City Engineer. Where necessary, the plat may be on several sheets accompanied by an index sheet showing the entire subdivision. The final plat shall show the following:
(Ord. 2022-100. Passed 5-26-22.)
(1) Identification:
A. The name of the subdivision, which name shall be the same used on the preliminary plan, and the original lot or section number; and
B. A vicinity map drawn to scale and with the north arrow;
(2) Control points to the nearest established of which all dimensions, angles, and bearings are to be referred;
(3) Lines and boundaries, including the centerline and right-of-way line of streets, easements, and other rights-of-way, natural and artificial watercourses, streams, shorelines, corporation lines, and property lines of all lots and parcels, with distances, radii, arcs, chords, and tangents of all curves to the nearest one-hundredth of a foot and bearings or deflection angles to the nearest second;
(4) Streets, including the name, which must not duplicate another in the area and the right-of-way width of each street within the proposed subdivision and those adjoining;
(5) The required building setback lines, accurately shown with dimensions;
(6) Lot and block identification. Lots shall be numbered in consecutive order and, when the subdivision is submitted in sections or phases, lots shall be numbered consecutively as each section or phase is submitted;
(7) Total site data, including acreage, number of residential lots, minimum lot size, and acres in parks and other public uses;
(8) Easements and land for public use, showing boundaries and identifying the use of all parcels which are to be dedicated or reserved for public use or easements;
(9) Monuments, including the accurate location and description of those found set or to be set;
(10) The names of the recorded owners of adjoining unplatted land and reference to the subdivision plats of adjoining platted land by name, volume, and page of the recorder's maps;
(11) An accurate background drawing of all metes and bounds descriptions of the land from which the plat is drawn;
(12) Certification by a registered surveyor that the plat represents a survey made by him which balances and closes, that the monuments shown thereon actually exist and that all dimensional and geodetic details are correct;
(13) Notarized certification by the owner of the subdivision of the offer of the dedication of streets and other public areas and that there are no unpaid taxes or special assessments against the land contained in the plat;
(14) Notation for signatures by:
A. The Clerk and the Chairman of the Planning Commission;
B. The Chairman of the Planning Committee of Council;
C. The Clerk of Council;
D. The Mayor;
E. The City Engineer, with certification that required improvements have been satisfactorily installed or adequate financial guarantees have been provided; and
F. The county auditor and county recorder, with proper notations for transfer and recording; and
(15) Covenants, if any.
(Ord. 2007-222. Passed 1-10-08.)
1121.01 PHYSICAL CONSIDERATIONS.
(a) Natural Land Use. Subdivisions shall be planned to take advantage of the topography of the land in order to economize in the construction of drainage facilities, to reduce the amount of grading and to minimize the destruction of trees and topsoil.
(b) Hazards. If any portion of the land within the subdivision is subject to flooding, unstable subsoil or other hazards, due consideration shall be given to the problems in the design of the subdivision. Land subject to flooding and land otherwise uninhabitable shall not be platted for residential occupancy or for the other uses as may increase danger to health, life, or property, or aggravate the flood hazard.
(Ord. 2007-222. Passed 1-10-08.)
1121.02 STREETS.
(a) Arrangement. The arrangement, character, extent, width, and location of all streets, shall conform to the comprehensive plan. The design of proposed streets shall provide for both the continuation of existing streets and public access to adjacent unplatted lands so that the entire area can be served with a coordinated public street system.
(b) Classifications:
(1) Major arterial thoroughfares shall be planned for continuation of movement of fast traffic between points of heavy traffic generation and from one section of the community to another. These thoroughfares shall contain as few intersections with minor streets as possible.
(2) Collector streets shall provide a traffic route from local streets to major arterial thoroughfares. These streets shall be spaced at least 1/4 mile apart.
(3) Local streets shall provide direct and full access to each lot and shall be laid out so as to discourage their use by through traffic. The street system shall be so designed that all proposed streets shall be in conformity with modern practices of land subdivision and with a plan for the most advantageous development of the entire neighborhood.
(4) Parallel streets may be required along an existing or proposed major arterial thoroughfare to provide access to lots along those thoroughfares.
(5) Industrial streets shall provide adequate access to industrial land for industrial, automobile, and truck traffic.
(c) Right-of-way Widths and Grades.
Classification | Minimum right-of-way Width (Ft.) | Grades (percent) | |
Max. | Min. | ||
Major arterial thoroughfares | 80 | 10 | .5 |
Collector streets | 60 | 10 | .5 |
Local streets | |||
Urban single-family | 50 | 10 | .5 |
Urban multi-family | 50 | 10 | .5 |
Light industrial | 50 | 10 | .5 |
Parallel streets | 40 | 10 | .5 |
(d) Cul-de-sac and Dead-end Streets:
(1) Any street designed to be a permanent cul-de-sac street shall be not longer than 800 feet and shall be provided at the closed end with a turnaround having a minimum pavement diameter of 75 feet and a minimum street property line diameter of 100 feet.
(2) If a cul-de-sac street is of a temporary nature and future extension into adjacent land is anticipated, then the turnaround beyond the normal street width shall be in the nature of an easement over the premises included in the turnaround but beyond the boundaries of the street proper. The easements shall be automatically vacated to abutting property owners when the dead-end street is legally extended into adjacent land. If the dead-end street extends only one lot depth past a street intersection, no turnaround shall be required. Subdividers shall be required to deed in fee to the City a strip of land 2 feet in width at the end of each dead-end street. The strip shall become public highway only upon the extension of the dedicated street.
(e) Corner Radii. Property lines at street intersections shall be rounded with a radius of not less than 30 feet for major arterial thoroughfares, collector streets, and industrial streets, and not less than 15 feet for local streets.
(f) Horizontal and Vertical Curves. Angles in the alignment of street lines shall be connected by a curve with a radius on the centerline of not less than 200 feet for local streets, 300 feet for collector streets and industrial streets, and 500 feet for major arterial thoroughfares. Between reverse curves there shall be a tangent not less than 100 feet long on major arterial thoroughfares. Every change in street grade shall be made with a vertical curve to provide sight distance suited to the location, which distance shall not be less than 300 feet from a height of 4-1/2 feet. Horizontal and vertical curves shall also conform to the City Engineer's specifications.
(g) Intersections. Streets shall be laid out to intersect as nearly as possible at right angles, and no street shall intersect any other street at an angle of less than 60 Degrees. In no event shall an intersection containing more than 4 streets be approved. Street intersections with centerline offsets of less than 100 feet are prohibited. If deemed necessary, the minimum distance between centerline offsets may be increased.
(Ord. 2007-222. Passed 1-10-08.)
1121.03 EASEMENTS.
(a) Utility Easements. All electric and telephone lines shall be located underground. Easements to be a minimum of ten feet wide along front lot lines, five feet along side and rear lot lines, except where wider easements are required. Easements along front lot lines to be available for sanitary, storm, and water utilities also.
(b) Drainage Easements. Where a subdivision is traversed by a drainageway, a storm sewer or drainage easement conforming substantially with the lines of the drainageway shall be provided. The easement shall be not less than twenty feet wide, or wider as the City may require where necessary, and shall generally follow, but not be centered upon, rear and side lot lines. Easements for drainage purposes shall be constructed or defined on the ground by the developer before the allotment plat is accepted. In instances where the watercourse is not presently channeled or visible, the developer shall define the watercourse by excavating or grading.
(Ord. 2007-222. Passed 1-10-08.)
1121.04 BLOCKS.
(a) Residential Block Lengths. The dimension of a residential block shall be not more than 1,800 feet and not less than 800 feet.
(b) Pedestrian Walkways. Pedestrian walkways not less than 10 feet wide with a 4-foot wide paved sidewalk, or of such greater width as is deemed necessary by the City, shall be required across blocks where the Planning Commission deems that pedestrian access to schools, playgrounds, shopping centers, transportation, and other community facilities is necessary.
(c) Commercial or Industrial Blocks. Blocks intended to be used for commercial or industrial purposes shall be designed specifically for such uses with adequate space set aside for off-street parking and loading facilities.
(Ord. 2007-222. Passed 1-10-08.)
1121.05 LOTS.
(a) Conformity with Zoning Requirements. The lot size, width, depth, frontage and area, and the minimum building setback lines shall meet or exceed the existing requirements of the zoning code, except as follows. In order to better achieve a more efficient and effective development of a specific parcel of land or to achieve City-determined objectives for the locations or other characteristics for streets or other public improvements, the Planning Commission may recommend and Council may approve a variance from the above-listed zoning requirements. The variances shall not involve more than 20% of the total lots in the total subdivision for which a preliminary plan approval is being sought, and any variance requested or approved shall not exceed 20% of the requested lot area or 10% of any of the other specified requirements of the zoning code. Any such variance shall be requested and considered as part of the preliminary plan approval process, which shall include the submission of the preliminary plan to Council for approval if zoning variances are utilized in the design of the proposed subdivision.
(b) Corner Lots. Corner lots shall have extra width to permit appropriate building setback from and orientation to both streets.
(c) Access to Public Streets. Each lot shall have a frontage of not less than that which is required in the zoning code. Lots with frontage on a private easement or street may be approved as part of a cluster development, planned residential development, or planned industrial pursuant to the regulations in the applicable chapters of the City of Stow Zoning Code.
(d) Double-frontage Lot.
(1) Lots, shall be laid out so that there are no double-frontage lots, except where:
A. Extreme conditions in elevation prevent access to the lot from one of the streets; or
B. It is necessary to separate residential lots from major arterial thoroughfares.
(2) Where double-frontage lots are created adjacent to major arterial thoroughfares, a reserve strip along the major arterial thoroughfare shall be deeded to the City. The plat shall state that there shall be no right of access across the reserve strip. The City may require that a decorative 6-foot high solid board, fence, or masonry wall be constructed or that a 10-foot wide planning screen be provided.
(e) Lot Lines. Lot lines shall be substantially at right angles or radial to street lines. Lot lines shall follow City and county boundary lines rather than cross them.
(f) Lot Depth. Except as otherwise authorized by the City, no lot depth shall exceed 3-1/2 times the lot width or be less than 1-1/2 times the lot width.
(g) Building Setback on Major and Collector Streets. Building setback on major and collector streets shall be at least 10 feet more than that required in the zoning code.
(Ord. 2007-222. Passed 1-10-08.)
1121.06 PUBLIC SITES AND OPEN SPACE.
(b) Natural Features. Due consideration shall be given to preserving outstanding natural features, such as scenic spots, water bodies, or exceptionally fine groves of trees. Dedication to and acceptance by a public agency is usually the best means of assuring the preservation.
(Ord. 2007-222. Passed 1-10-08.)
1123.01 REQUIRED IMPROVEMENTS.
(a) The improvements required shall be designed by an engineer registered in the state and shall be furnished and installed by the subdivider in accordance with the provisions of these subdivision regulations. Improvements as shown on improvement plans approved by the City Engineer shall be installed before the final plat is recorded, or, in lieu thereof, financial guarantees as specified in Section 1123.09 for the installation shall be received prior to the recording of the final plat.
(b) Three complete sets, including the original, of all improvement plans and computations shall be submitted to the City Engineer for approval. The City shall retain the original and return 2 approved copies to the subdivider. Contractors shall work from an approved copy of the plans.
(Ord. 2007-222. Passed 1-10-08.)
1123.02 IMPROVEMENT REQUIREMENTS FOR DRAINAGE.
A drainage system shall be designed and constructed by the subdivider to provide for the proper drainage of the surface water of the subdivision and the drainage area of which it is a part. The subdivision shall be graded as shown on the approved improvement plan.
(a) Drainage Plan. As part of the required improvement plans, a plot plan showing by the use of arrows how the subdivider proposes to surface drain each lot shall be submitted to and approved by the City Engineer.
(b) Grading Requirements. No grading, sidewalk, pavement construction, or installation of utilities shall be permitted in any proposed street until the improvement plans have been approved. The subdivider shall grade each subdivision in order to establish street, block, and lot grades in proper relation to each other and to topography, as follows:
(1) Street grading plan. A grading plan shall be prepared for the streets along with street improvement details. The grading of the roadway shall extend the full width of the right-of-way. The strips between the pavement and the right-of-way shall be at a grade of not less than 3% and not more than 4% upward from the curb to the sidewalk or property line.
(2) Lot grading. Lots shall be graded so that water drains away from each building at a minimum grade of 2% for a distance of 10 feet. Surface drainage swales shall have a minimum grade of 1% and shall be designed so that surface water will drain into a driveway, street gutter, storm sewer, drain inlet, or natural drainageway.
(3) Topsoil. If the process of grading or regrading any land area within a subdivision results in the removal of topsoil, the topsoil shall not be removed from the subdivision site or used as fill, but shall be conserved or stockpiled and shall be used as loam or top dressing for lawns, private property, or areas within the public right-of-way, i.e., devil strips or street lawns within the Subdivision. The procedures required herein may be performed after the construction of the required public improvements or structures upon public improvements or structures upon private lots has been substantially completed, but shall be completed before the initial occupancy of any dwellings.
(4) Trees. As many trees as possible shall be retained, and the grading shall be adjusted to the existing grade at the trees.
(c) Drainage System Requirements. The design criteria for the drainage systems shall be based on the standards of the City Engineer.
(1) Road drainage system. The road storm drainage system shall serve as the local drainage system. It shall be designed to carry roadway, adjacent land and house storm water drainage. Storm sewers shall drain into natural waterways as soon as possible.
(2) Off-road drainage system. The design of the off-road drainage system shall provide for the watershed affecting the allotment and shall be extended to a watercourse or storm sewer adequate to receive the storm drainage.
A. Storm drainage facilities constructed by the subdivider shall be provided with an easement which provides access not less than 20 feet in width for maintenance equipment to all sections.
B. Easements for drainage facilities shall be not less than 20 feet in width. Where the watercourse is large, easement widths shall be increased as determined by the City Engineer. Where watercourses cross platted lots diagonally, the subdivider may straighten the courses where practicable and shall substantially follow sublot lines. Easements shall be shown on the record plat and shall cover all existing or reconstructed watercourses.
C. All storm drainage courses shall be enclosed with approved pipe.
(d) Protection of Drainage Systems. The subdivider shall adequately protect all roadways and watercourses to the satisfaction of the City Engineer. All land where the vegetation has been injured or destroyed or which is in need of protection to prevent erosion, deposits in the drainage facilities, or unsightly conditions shall be restored and protected as directed by the City Engineer. In all cases, any drainage facility within the subdivision shall be in a stable condition and free from erosion, sedimentation, and debris.
(e) Pipe System. The pipe sizes shall be based on drainage calculations and approved by the City Engineer.
(Ord. 2007-222. Passed 1-10-08.)
1123.03 REQUIREMENTS FOR STREET IMPROVEMENTS.
The subdivider shall design and construct pavements, curbs, gutters, and sidewalks. The construction and materials shall be as specified by the current edition of the State of Ohio Department of Transportation Construction and Material Specifications.
(a) Pavements. The pavement width shall be not less than 26 feet from curb face to curb face. The pavement shall be either 7 inches of monolithic Portland cement concrete or 6 inches of asphaltic cement and 1-1/2 inches of asphaltic topping. Greater widths than indicated herein may be required by the Planning Commission and Council to adequately provide for anticipated traffic volumes. Higher standards may be required by the City Engineer to adequately provide for unusual soil or drainage conditions. After the underground utilities and house connections are installed and the rough grading completed, the roadway subgrade shall be shaped, rolled, and compacted. The subdivider may construct a temporary roadway of slag or stone for use during the building construction period. The pavements shall be maintained in a safe and passable condition by the subdivider without expense to the City.
(b) Curbs and Gutters. For concrete streets, integral concrete curbs and gutters shall be provided. For asphalt streets 30-inch concrete curbs and gutters, with 6-inch vertical curb in accordance with ODOT BP-7 Type 2, shall be provided.
(c) Sidewalks. Sidewalks shall be provided on both sides of all streets. Sidewalks shall be constructed of Portland cement concrete 4 inches thick with the thickness increased to 6 inches where the sidewalk is crossed by a driveway. Sidewalks shall have a minimum width of 4 feet.
(d) Street and Traffic Signs. Street name signs, stop signs, fire lane signs, no parking signs, and other directional or warning signs shall be installed by the City at the subdivider's expense, at the locations and in compliance with the specifications of the director of public safety or the City Engineer.
(e) Street Trees. The subdivider shall furnish a subdivision plan showing the location of new trees in the street right-of-way to the tree maintenance board. Trees shall be of the variety and spacing specified by the board and shall be planted at the subdivider's expense.
(Ord. 2007-222. Passed 1-10-08.)
1123.04 IMPROVEMENT REQUIREMENTS FOR PUBLIC UTILITIES.
All public utilities shall be located underground. The subdivider shall enter into agreements with all affected utility companies providing for the underground installation of these facilities and shall grant to the companies all easements necessary for the installation, operation; and maintenance of these facilities.
(Ord. 2007-222. Passed 1-10-08.)
1123.05 IMPROVEMENT REQUIREMENTS FOR PUBLIC SITES.
(a) Regardless of the privately or commonly owned facilities and sites to be provided as part of the subdivision, the developer shall provide land for public sites, public parks and/or playgrounds, or publicly owned open space. The subdivider shall offer for dedication one-tenth acre per gross acre in a major residential subdivision to the City for public sites, park, playground, or open space purposes, such area not to exceed 10 acres. For minor subdivisions, the developer or owner shall pay a fee to the City in lieu of the dedication of public sites; such fee shall be utilized for the acquisition and/or permanent improvements to park sites, park-school sites or open space sites and shall be an amount equal to 10% of the estimated current market value of the entire property contained in the additional lot(s) to be created or amount established by ordinance per dwelling unit proposed, whichever amount is less.
(b) The City shall require that the dedication for all major subdivisions shall be in conformity with the Comprehensive Plan. When the land areas shown on the plan for the public sites exceed the amount required above in a particular subdivision, and when the same becomes apparent upon presentation of a preliminary plan to the Planning Commission, the City shall, before the final plan is approved by the City, have the right to purchase the additional acreage for public sites as shown upon the plan. The price therefore shall be a price agreed upon between the owner-subdivider and the City, acting through its Board of Control, or if not agreed upon, a price determined according to law in court proceedings. If the City and the owner-subdivider do not agree upon a purchase price for the acreage, or if the City does not agree upon a purchase price of the acreage, or if the City does not institute land appropriation proceedings within 45 days after the approval of the final plan by the Planning Commission the owner-subdivider may then proceed to develop the additional lands as private lots within the subdivision in order that the use, conveyance of transfer thereof may not be impaired for an unreasonable period of time.
(c) If no public site is indicated on the Comprehensive Plan in major subdivisions, and City Council shall determine that private recreational facilities maintained by the developer are not of equivalent value to the dedication otherwise required hereunder, then the City Council shall select land, upon recommendation of the Planning Commission and the Parks and Recreation Board, which is suitable for public sites, public parks, and or playgrounds, or public open space purposes; or, the developer shall, in lieu thereof, should City Council decline to accept or select land as a public site and should Council further determine that private recreational facilities maintained by the developer are not of equivalent value to the dedication otherwise required hereunder, pay a fee amounting to 10% of the estimated current market value of the entire property prior to proposed improvements or amount established by ordinance per dwelling unit proposed, whichever amount is greater. The value of the entire property, and any dedication requirements, shall be determined by mutual agreement of the owner-developer and the City acting through its Board of Control. In the event the parties are unable to agree to the value thereof, the value of the entire property shall be determined by three appraisers, one to be selected by the developer, one by the City, and one agreeable to both developer and the City.
(d) Any payment, including interest, in lieu of the dedication of public land shall be used to purchase land or to make permanent improvements to park sites, park-school sites, or open space sites, in accordance with the City's Comprehensive Plan and/or the Parks, Recreation and Open Space Master Plan adopted on December 8, 1983. Permanent improvements shall be limited to those improvements, facilities, and equipment which are designed specifically for permanent installation and use at the sites and may include recreational courts, fields, and fixed play equipment, shelters and other buildings, trails, bridges and walks, landscaping, tree plantings, lawns, and parking lots and drives.
(e) Whenever possible, the public owned and maintained recreational use shall be suited and improved for such purposes. Unless waived by Council, upon the recommendation of the Parks and Recreation Board and the Planning Commission, at least 50% of the land proposed for open space, natural area preservation, or recreational use shall be made usable and improved for neighborhood recreational purposes.
(f) Any land proposed for open space, natural area preservation, or recreational use shall be suited and improved for such purposes. Unless waived by Council upon the recommendation of the parks and recreation board and the Planning Commission, at least 50% of the land proposed for open space, natural area preservation, or recreational use shall be made usable and improved for neighborhood recreational purposes.
(g) Improvements for recreational purposes shall include, at the minimum, the fine grading, seeding, and fertilizing of proposed playfields to produce an easily mow able condition, the removal of all debris, the clearing of City-designated brush and undesirable and diseased trees, the improvement of storm water drainage and management facilities, as specified by the City Engineer, and the construction of sidewalks, pathways, hiking and bike trails, access drives and parking areas, and other improvements as specified in the approved preliminary plan for the subdivision.
(h) Prior to the finalization of the preliminary plans for the subdivision and prior to the plans being given approval by the Planning Commission, the preliminary plans, including specific information on all proposals for open space, natural area preservation, and recreational land and facilities shall be submitted to the parks and recreation board for review and recommendation.
(i) All proposed improvements for open space, natural area preservation, or recreational purposes shall be included in the construction plans for the subdivision, shall be approved by the City Engineer, and shall be covered by financial guarantees for performance and maintenance. All construction plans for subdivisions in which land is proposed for open space, natural area preservation, or recreational use, shall be referred to the director of parks and recreation for review and recommendation prior to the granting of approval by the City Engineer.
(Ord. 2007-222. Passed 1-10-08.)
(Ord. 2007-222. Passed 1-10-08.)
1123.06 IMPROVEMENT REQUIREMENTS FOR MONUMENTS.
Monuments shall be of lead-filled pipe and shall be set in and running through concrete not less than 6 inches in diameter and not less than 30 inches in length. The bottom of the block shall be set not less than 30 inches below the finished grade, and the location shall be designated on the plat. All monuments set in pavement shall be set in standard type monument boxes. Monuments shall be placed as directed by the City Engineer.
(Ord. 2007-222. Passed 1-10-08.)
1123.07 OVERSIZE AND OFF-SITE IMPROVEMENTS.
Oversize and off-site extensions of public utilities, pavements, storm sewers, and other improvements shall be designed and constructed to facilitate the orderly development of nearby land which is an integral part of the neighborhood service or drainage area. Where the City Engineer determines that improvements in excess of the size needed to serve the proposed subdivision are necessary, the subdivider shall install all improvements required to serve his subdivision plus the additional oversize and off-site improvements required. The subdivider may contract with adjacent property owners and subdividers of adjacent land for reimbursement for the oversize and off-site improvements required. The improvements shall be available for connections by individual property owners and subdividers of adjoining land.
(Ord. 2007-222. Passed 1-10-08.)
1123.08 CONSTRUCTION REQUIREMENTS.
(a) Construction Inspections:
(1) Responsibilities of City Engineer. The City Engineer shall be responsible for the inspection of all street and drainage improvements and shall certify the county sanitary engineer's inspection of all sanitary sewer and water systems.
(2) Authority and duties of inspectors. Inspectors employed by the City, the City Engineer, or the county sanitary engineer shall be authorized to inspect any work done and all materials furnished. The inspection may extend to all or any part of the work and to the preparation, fabrication, or manufacture of the materials to be used. The inspector shall not be authorized to revoke, alter, or waive any requirements of the specifications or plans. He shall be authorized to call the attention of the contractor to any failure of the work or materials to conform to the specifications and contract. He shall have the authority to reject materials which do not meet specifications requirements or suspend the portion of the work involved until any question at issue can be referred to and decided by the City Engineer and county sanitary engineer. Inspection during the installation of improvements shall be made by the inspector to insure conformity with the approved plans and specifications as contained in the subdivider's construction agreement.
(3) Final inspections. Upon completion of all the improvements, the subdivider shall request in writing a final inspection by the City Engineer. The City Engineer shall make a final inspection of streets, water, sanitary sewer, and drainage improvements. The county sanitary engineer shall make a final inspection and certify all sanitary sewer and water systems that fall under his authority.
(b) Construction Responsibilities:
(1) Cooperation of subdividers and contractors. The subdivider or the contractor shall have available on the project, at all times, one approved copy of all required plans and specifications. He shall cooperate with the inspector and with other contractors in every way possible. The subdivider or the contractor shall at all times have a competent superintendent acting as his agent on the project. The superintendent shall be capable of reading and thoroughly understanding the plans and specifications. He shall have full authority to execute the plans and specifications and to promptly supply the materials, tools, plant equipment, and labor as may be required. A superintendent shall be furnished regardless of the amount of work sublet.
(2) Work schedules. No work or improvement shall be started until the subdivider or the contractor submits work schedules as required by the City Engineer and receives approval of the work schedule. The City Engineer shall be notified at least 24 hours in advance of any schedule changes. All work must be inspected and approved by the inspectors. The normal workweek is assumed to be an 8-hour day, Monday through Friday; if overtime will be needed, it shall be indicated on the schedule.
(3) Grade stakes. Grade stakes shall be installed as directed by the City Engineer.
(4) Repair of damage. Any damage done to the improvements by construction traffic, by local traffic, or by any other means shall be repaired or the damaged materials replaced before the next item of construction is begun.
(5) Final cleanup. Upon completion of the work and before acceptance, the subdivider or the contractor shall clean all ground occupied or affected by him in connection with the work. The entire area shall be left in a neat and presentable condition satisfactory to the inspector.
(6) Maintenance of improvements on dedicated streets. The subdivider shall be responsible for the maintenance of the improvements during the construction period and shall be responsible for providing the services necessary to guarantee access to all occupied lots until final acceptance of the improvements by the City Engineer. The subdivider shall be notified by the City of the need for the maintenance or service. If the subdivider fails to perform the necessary maintenance or service within the term specified, the City may perform the maintenance or service and bill the subdivider therefore. Payment for the service shall be guaranteed by the performance bond. In addition, the subdivider shall maintain all improvements for such periods specified by the maintenance guarantee.
(Ord. 2007-222. Passed 1-10-08.)
1123.09 AGREEMENTS, BONDS, AND GUARANTEES.
(a) Performance Agreement and Bonds.
(1) To assure the construction and installation of the improvements required by this chapter and the preliminary plan approved by the Planning Commission, a subdivider shall execute a performance agreement with the City in a form and substance approved by the law director, providing that all the improvements shall be constructed and installed, at the subdivider's expense, in compliance with the standards and specifications for each of the various types of improvements, that such improvements shall be available to and for the benefit of the lands within the subdivision, that the improvements will be completed and installed within 24 months after approval of the final plat, that all the work and materials will be guaranteed for a period of 2 years after acceptance thereof by the City and any further provisions that the law director may deem necessary in the public interest.
(2) Concurrent with the execution of the performance agreement a subdivider shall furnish an adequate performance bond to the City, approved by the law director, equal in amount to the cost of construction and installation of improvements required as determined by the City Engineer.
(3) Upon completion and installation of the improvements, the performance bond shall not be released until a satisfactory maintenance bond in the sole control of the City, in terms and amount approved by the board of control, has been furnished. The maintenance bond shall be in the amount of 10% of the performance bond and shall be in form and terms approved by the board. The board shall be the final authority on the acceptance and release of performance and maintenance guarantees and may release the same terms and conditions as it deems reasonable. The board shall note any action taken on the guarantees in its official minutes. No such action shall be taken until the advice of the law director and the City Engineer have been made a part of the board's minutes.
(b) Title Guarantee. A title guarantee shall be furnished to the City when the plat is submitted for approval to guarantee that the title of the lands to be dedicated are as indicated on the final plat. A certification that current taxes have been paid shall also be submitted.
(Ord. 2007-222. Passed 1-10-08.)