Streetsboro City Zoning Code
TITLE SEVEN
Subdivision Regulations
1171.01 OFFICIAL NAME.
The official name of these Regulations shall be "Subdivision Regulations of Streetsboro, Portage County, Ohio", and shall be referred to herein as "these Regulations". (Ord. 1981-99. Passed 8-24-81.)
1171.02 PURPOSE.
These Regulations are adopted to secure and provide for:
(a) The proper arrangement of streets or highways in relation to existing or proposed streets and highways and the Thoroughfare Plan.
(b) Adequate and convenient open spaces for traffic, utilities, access of fire- fighting apparatus, recreation, light and air and the avoidance of congestion of the population.
(c) The orderly, efficient and appropriate development of land.
(d) The orderly and efficient provision of community facilities at the minimum cost and maximum convenience.
(e) Safe and convenient vehicular and pedestrian movement.
(f) The promotion of public health, safety, morals, comfort, convenience, prosperity or general welfare.
(g) The accurate surveying of land, preparing and recording of plats.
(h) The equitable handling of all subdivision plats by providing uniform procedures and standards for observance by both the approving authority and subdivider.
(Ord. 1981-99. Passed 8-24-81.)
1171.03 AUTHORITY.
The authority for the preparation, adoption and implementation of these Regulations is derived from Ohio R.C. Chapter 711 which permits the adoption of uniform rules and regulations governing subdivision of land.
(Ord. 1981-99. Passed 8-24-81.)
1171.04 INTERPRETATION.
The provisions of these Regulations shall be construed to be minimum requirements.
(Ord. 1981-99. Passed 8-24-81.)
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1173.01 INTENT.
Throughout these Regulations, the following terms shall have the meaning given herein.
(Ord. 1981-99. Passed 8-24-81.)
1173.02 GENERAL TERMS.
(a) Words used in singular include the plural.
(b) Words used in present tense include the future tense.
(c) The word "shall" is mandatory and the word "may" is permissive.
(Ord. 1981-99. Passed 8-24-81.)
1173.03 SPECIFIC TERMS.
Certain terms as used in these Regulations are defined as follows:
(a) "Building setback line" means a line establishing the limits of a yard which abuts a street and in which no building may be located.
(b) "Cul-de-sac" means a local street having one end open to vehicular traffic and the other end permanently terminated by a vehicular turnaround.
(c) "Dead-end street" means a street temporarily having only one outlet for vehicular traffic and intended to be extended or continued in the future.
(d) "Easement" means a grant of the use of land for a specific purpose.
(e) "Improvements" mean grading, sanitary and storm sewers, water mains, pavement, curbs and gutters, sidewalks, street signs, street lights, street trees, and the appropriate appurtenances required to render land suitable for the use proposed.
(f) "Land Use and Thoroughfare Plan" means mapped and/or written proposals for the future development of the area.
(g) "Lot or parcel" means a division of land separated or proposed to be separated from other divisions of land by description on a recorded subdivision plat, recorded survey maps or by metes and bounds for purposes of sale, lease or separate use.
(h) "Lot, corner" means a lot at the point of intersection of and abutting on two intersecting streets.
(i) "Lot, double-frontage" means a lot, other than a corner lot, that abuts more than one street.
(j) "Lot lines" mean the boundaries of a lot.
(k) "Minor subdivision" means a division of a parcel of land along an existing public street or road, not involving the opening, widening or extension of any street or road, and involving not more than five lots after the original tract has been completely subdivided.
(1) "Oil, gas and brine wells" mean any viable, cased commercial or domestic well for the extraction of natural resources.
(m) "Pedestrian walkways" means a dedicated public right of way limited to pedestrian use.
(n) "Planning Commission or Commission" means the Planning Commission of the Municipality of Streetsboro, Ohio.
(Ord. 1981-99. Passed 8-24-81.)
(o) "Plat" means a map of a tract or parcel of land.
(Ord. 1988-41. Passed 4-25-88.)
(p) "Preliminary plan" means a drawing for the purpose of study of a major subdivision and which, if approved, permits proceeding with the preparation of the plat.
(q) "Private survey plat" means a map of one or more parcels of land, prepared by a registered surveyor, for the purpose of providing information necessary or incident to the transfer of such parcels in cases not requiring the platting of such parcels.
(r) "Public utility" means any person, firm, corporation, governmental agency or board having a Public Utility Commission permit to furnish under regulations to the public, electricity, gas, steam, telephone, transportation or water, or any other similar public utilities.
(s) "Regional Land Use Plan" means a plan showing the proposed location of uses in the region.
(t) "Secretary" means the Secretary of the Planning Commission.
(u) "Staff" means persons so designated by the Commission.
(v) "Street" means a public or private right of way for vehicular and pedestrian use.
(w) "Subdivider" means any individual, firm, association, corporation, trust or any legal entity, including agents commencing proceedings under these Regulations to subdivide land.
(x) "Subdivision" means the division of any parcel of land shown as a unit or as contiguous units on the last preceding tax roll, into two or more parcels, sites, or lots, any one of which is less than five acres for the purpose, whether immediate or future, of transfer of ownership, provided, however, that the division or partition of land into parcels of more than five acres not involving any new streets or easements of access, and the sale or exchange of parcels between adjoining lot owners, where such sale or exchange does not create additional building sites, shall be exempted; or the improvement of one or more parcels of land for residential, commercial or industrial structures or groups of structures involving the division or allocation of land for the opening, widening or extension of any street or streets, except private streets serving industrial structures; the division or allocation of land as open spaces for common use by owners, occupants or lease holders or as easements for the extension and maintenance of public sewer, water, storm drainage or other public facilities.
(Ord. 1981-99. Passed 8-24-81.)
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1175.01 ADMINISTRATION.
The Planning Director shall administer these Regulations, except where specific authority is given to other officials as set forth in these Regulations.
(Ord. 2004-183. Passed 11-22-04.)
1175.02 RECORDING OF PLAT.
No plat of any subdivision shall be recorded in the office of the Recorder or have any validity until it has been approved in the manner prescribed herein. In the event any such unapproved plat is recorded, it shall be considered invalid; and the Planning Commission shall institute proceedings to have the plat stricken from the County records.
(Ord. 1981-99. Passed 8-24-81.)
1175.03 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, exhibition of, or by the use of a plan or plat of a subdivision before such plan or plat has been approved and recorded in the manner prescribed herein. Any sale or transfer contrary to the provisions of this section is void. The description of such 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 Regulations.
(Ord. 1981-99. Passed 8-24-81.)
1175.04 REVISION OF PLAT AFTER APPROVAL.
No changes, erasures, modifications or revisions shall be made in any plat of a subdivision after approval has been given by the Planning Commission and an endorsement is made in writing on a plat, unless the plat is first resubmitted and the changes approved by the Commission.
(Ord. 1981-99. Passed 8-24-81.)
1175.05 FEES.
(b) Plan Checking and Field Inspection Fees. At the time such plans, profiles and specifications are submitted for review, the City Engineer shall prepare an estimate of cost for office checking of all improvement plans. The subdivider shall thereupon deposit an amount of money equal to the estimated cost. All work done by the Engineer in connection with checking, computing and correcting such plans for improvements shall be charged against such deposit. If, during the progress of the work, the cost thereof appears to exceed the amount so deposited, the Engineer shall notify the subdivider of this fact and shall do no further work in connection with such review until the subdivider has deposited such additional sum of money determined necessary by the Engineer to cover the cost of the work. The subdivider shall also pay to the office of the City Engineer the total cost of field inspection of the improvements. The inspection fee shall be determined by the City Engineer. The inspector's salary shall be paid from the inspection fee. The rate per hour shall be the inspector's payroll cost times two and two-tenths in accordance with the Standard Basis for Billing from the Engineer's current schedule on file at the Mayor's office. The subdivider is held responsible for all inspection fees which shall be payable monthly. The performance bond posted by the subdivider guarantees the payment of all inspection fees and no bonds shall be released until all inspection fees have been paid in full.
(Ord. 1981-99. Passed 8-24-81.)
1175.06 VARIANCES.
The Planning Commission may recommend variances to these Regulations as specified herein where unusual or exceptional factors or conditions require such modification provided that the Planning Commission shall:
(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 shall not be detrimental to the public interest nor in conflict with the intent and purpose of these Regulations.
(e) Require such other conditions to be met by the proposed plat as the Planning Commission may find necessary to accomplish the purposes of these Regulations when modified.
(f) Any variance shall accompany the proposed plat with appropriate justification. (Ord. 1981-99. Passed 8-24-81.)
1175.07 APPEALS.
Rights of appeal shall be as set forth in Ohio R.C. Chapter 711 or any other applicable sections of the Ohio Revised Code.
(Ord. 1981-99. Passed 8-24-81.)
1175.08 SEVERABILITY.
If any article, section, paragraph, clause or part of these Regulations is held invalid by a court, such judgment shall not affect the validity of the remaining provisions of these Regulations.
(Ord. 1981-99. Passed 8-24-81.)
1175.09 ACCEPTANCE ORDINANCE FOR STREETS, EASEMENTS AND DEDICATED OPEN SPACES.
(a) A review shall be held by a committee of Council when all requirements have been complied with. The Committee shall submit their recommendation to Council as to whether or not the City shall accept the streets, easements and dedicated open spaces as contained in the subdivision.
(b) When all requirements as contained herein have been complied with to the satisfaction of Council, an ordinance accepting the streets, easements and dedicated open spaces as contained in the subdivision shall be considered by Council.
(c) Upon the passage of the acceptance ordinance properly approved, the Council President and Clerk shall sign the plat.
(d) The subdivider shall then have the plat recorded. The plat tracings become a part of the Planning Commission records after being recorded and shall bear a legend to that effect. (Ord. 1981-99. Passed 8-24-81.)
1175.10 REPEAL.
All prior subdivision regulations and amendments thereto are hereby repealed.
(Ord. 1981-99. Passed 8-24-81.)
1175.99 PENALTY.
Whoever violates any provision of these Subdivision Regulations or who fails to comply with any order issued pursuant thereto shall be fined not more than one thousand dollars ($1,000) for each offense and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
The sum may be recovered in a civil action brought in the Court of Common Pleas in this County by the Law Director in the name of the City.
(Ord. 1981-99. Passed 8-24-81.)
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1177.01 PURPOSE.
The purpose of this chapter is to specify the procedures that shall be followed to subdivide land.
(Ord. 1981-99. Passed 8-24-81.)
(Ord. 1981-99. Passed 8-24-81.)
There are two basic types of subdivision:
(a) Minor Subdivision. The City Engineer may 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 extension of any street or road and does not involve more than five lots after the original tract has been completely subdivided.
(b) Major Subdivision. Any subdivision that does not meet the requirements of a minor subdivision.
(Ord. 1981-99. Passed 8-24-81.)
1177.03 MINOR SUBDIVISION.
(a) Staff Granted the Authority of Review and Approval. The City Engineer is authorized to represent the Planning Commission in the review and approval of a minor subdivision, and to endorse the conveyance of a parcel or parcels of land in a minor subdivision for transfer without plat.
(b) Submission of Minor Subdivision. Any person proposing to create a minor subdivision shall submit the following to the Service Director.
(1) A legal description, of the parcel or parcels sought to be transferred, on a conveyance of the parcel or parcels.
(2) Two copies of a private survey by a registered surveyor of the parcel or parcels sought to be transferred. (See Appendix A.)
(3) Pins must be set at all new corners.
(4) Public right-of-way acreage must be stated separately from the net acreage.
(5) The surveyor must certify an actual field survey and state conditions and location of monuments already in place.
(6) The City Engineer's statement is to be on the plat.
(7) Sublots and secondary outlots must comply with zoning frontage.
(c) Action by City Engineer. Within seven working days after submission of a minor subdivision or within a mutually agreed upon extension, the City Engineer shall either approve or disapprove the application for transfer without plat.
If the City Engineer does not approve the transfer without plat, the applicant shall be notified in writing of the reason for disapproval. If the City Engineer approves the transfer without plat, the conveyance shall be stamped: "Approved by the Planning Commission, no plat required", and the signature of the City Engineer affixed along with the date of such approval. The approval shall expire within sixty days, unless the conveyances are recorded in the office of the County Recorder during such period.
(d) Action by Health Commissioner. The City Engineer may, within seven days after submission of a minor subdivision, submit the proposed subdivision to the Health Commissioner who shall approve or disapprove building sites for individual sewer systems. If disapproved, the Health Commissioner shall notify the owner of the reasons for disapproval.
(Ord. 1985-50. Passed 5-28-85.)
1177.04 MAJOR SUBDIVISION.
(a) General Procedure. Major subdivisions shall be approved in seven stages:
(1) Stage I. The submitter shall review the submittal with the Service Director who shall attach comments relative to maintenance problems encountered in the proximity of the development, and shall make distribution of preliminary discussion material to the Planning Commission, Safety Department, Fire Department, Park Board, City Engineer, and the appropriate sewer district sanitary engineer. He shall notify the Mayor and Council of the submittal through the regular Service Director's report. The City Engineer and Planning Commission shall review the material with the developer at a work session and coordinate the comments of City agencies and advise the developer of the salient provisions of the master sewer, water, highway and park plans expected by the development.
(2) Stage II. Preliminary plan shall be first presented to the Service Director in quantities necessary for distribution as indicated in subsection (a)(l) hereof. The preliminary plan shall include details as defined under Section 1179.03 hereinafter. The City Engineer shall have a minimum of ten working days to prepare comments for the Planning Commission formal session of preliminary plan review.
(3) Stage III. Construction documents shall be presented to the City Engineer and District Sanitary Engineer, in two copies including plans, profiles and specifications as further described in subsection (d) hereof. The City Engineer shall coordinate the comments of the City agencies relative to the plans and advise the Planning Commission of any conflicts between or among City agencies with recommendations, and the decision of the Planning Commission shall be final in mediating such disputes. The submittals shall be in the hands of the City Engineer ten working days prior to the scheduled Planning Commission regular session. The Planning Commission shall notify the school board of the plan approval.
(4) Stage IV. A construction agreement shall be negotiated with the City through the Office of the Mayor, coordinating financial assurances of improvements, traffic maintenance, safety precautions, delivery routing, load limits, road cleaning, inspection costs/services, interruption of plan modifications due to unforeseen hardship and other matters at the City's discretion.
(5) Stage V. Construction Phase. During the construction phase the City Engineer shall file the dedication plat and supervise his construction resident inspector who shall maintain a log of working conditions and as built locations for plan corrections by the owner's engineer. The City Engineer may stop work if safety precautions, quality control, payment schedules, improvements or procedures differ significantly from the stipulations of the construction agreement. As built corrected original tracings shall be turned over to the City Engineer. At the conclusion of the construction phase the City Engineer, by joint inspection with the Service Director, shall issue a Certificate of Substantial Completion which shall allow limited use of the improvements while maintaining capital maintenance by the owner.
(6) Stage VI. Initial Occupancy. During the first eighteen months after the issuance of the Certificate of Substantial Completion, the Service Director shall assume responsibility for snow removal as required for citizen residents. The City Engineer shall notify postal authorities, safety, fire protection and school bus services of the public use of the improvements. The owner shall make timely corrections to capital improvement deficiencies as may become evident during initial occupancy. No occupancy permit shall be issued without the Certificate of Substantial Completion.
(7) Stage VII. Formal acceptance of the improvement for all maintenance, capital and public use shall be initiated by the submittal of the approved improvements by the Service Director and the City Engineer to Council and their acceptance of same for the City. In the event of a conflict between the recommendations by the Engineer and the Service Director, the Mayor shall mediate the dispute and make recommendation to Council. No improvement financial assurances may be released to the developer until improvements have been accepted by Council. A minimum of eighteen consecutive months must transpire between the Certificate of Substantial Completion and the formal acceptance of the improvements by Council. Capital repair items effected by the developer during this period shall restart the eighteen consecutive months for those items.
(b) Preliminary Conference. Before submitting an application for preliminary plat, the applicant shall consult with the Planning Director and the City Engineer. The applicant shall submit a preliminary discussion map including all items required by Section 1179.02, and shall also obtain a preliminary steps certification form (see Appendix C) from the Service Director, which shall be signed by the agencies listed on the form. The purpose of the conference shall be to exchange preliminary information that may affect the design of the subdivision, including, but not limited to, the need for an environmental assessment report under Section 1152.05.
(c) Preliminary Plat Procedure.
(1) Submission of Preliminary Plat. An applicant shall make application to the Planning Director for approval of a preliminary plat. All information required by Section 1179.03 shall be submitted to the Planning Director at least ten (10) working days before the meeting of the Planning and Zoning Commission at which the plat is to be considered. When the application is complete (as determined by the Planning Director), the application shall be submitted to the Planning and Zoning Commission and placed on the agenda for the next regularly-scheduled meeting, with the following information:
A. Two (2) copies of application. (See Appendix B.)
B. One (1) copy of the preliminary steps certification form. (See Appendix C.)
C. At least ten (10) copies of the preliminary plat including a vicinity map. (See Appendix D.)
D. Any other data that the Planning Director or City Engineer deems necessary.
(2) Review of Preliminary Plat by City Staff and Agencies. The Planning Director shall transmit a copy of the preliminary plat to the following officials and agencies for their review and recommendations to the Planning and Zoning Commission.
A. The City Engineer.
B. The Chairpersons of the Planning and Zoning Commission and Council.
C. The Director of Water Resources.
D. The School Board.
E. The Fire Department.
F. The Safety/Police Department.
G. The Service Director.
H. Such other persons or agencies the Planning Director deems appropriate.
The applicant may transmit copies of the preliminary plat to utility companies and others as deemed necessary. The officials and agencies shall make their review and submit their recommendations to the Planning and Zoning Commission at least three (3) working days before the meeting of the Planning and Zoning Commission at which the plat is to be considered.
(3) Official Filing of Preliminary Plat. Upon determination by the Planning Director that the preliminary plat application has been properly submitted, the preliminary plat and application shall be accepted as being officially filed.
(4) Planning and Zoning Commission Action. The Planning and Zoning Commission, within one hundred eighty days (180) of the date of official filing, shall approve, approve conditionally, or disapprove the preliminary plat. The action shall be noted on both the preliminary plat and application and a copy of each returned to the applicant. The action shall also be entered on the official records of the Planning and Zoning Commission and a copy of the preliminary plat and application with action noted kept on file.
In reviewing the preliminary plat, the Planning and Zoning Commission shall consider the recommendations and comments from the City Staff and Agencies and, where appropriate, require submission of an environmental assessment report or other data needed to assure compliance with these Regulations.
(5) Effect of Approval. Approval of a preliminary plat by the Planning and Zoning Commission is not an acceptance of the subdivision for record. It is an approval of a general plan as a guide for the preparation of improvement plans and a subdivision plat for approval and recording upon fulfillment of all requirements of these Regulations. Approval of a preliminary plat shall be effective for a period of one (1) year following the date of approval by the Planning and Zoning Commission unless an extension of time is granted. Upon expiration of a preliminary plat approval, no approval of a plat shall be given until the preliminary plat and application has been resubmitted and approved by the Planning and Zoning Commission. Construction of improvements shall not begin until action on the Construction Agreement has been taken by Council. (See Section 1177.04(e)(3)).
(d) Improvement Plan Procedure. The applicant-developer’s engineer shall prepare improvement plans that include all phases of the work to be performed to make the land suitable for development into the use proposed. These plans shall be complete and precise in all details, conform with the approved preliminary plat, and be submitted to and approved by the City Engineer before any improvements are constructed.
(e) Final Plat Procedure.
(1) Submission of the Final Plat. The applicant shall make application to the Planning and Zoning Commission for approval of a final plat. The final plat submitted shall conform to the approved preliminary plat. Subdivisions may be submitted for approval in consecutive sections provided that preliminary plat and improvement plan approval has been given for the entire subdivision.
A. Two (2) copies of the application for final plat approval. (See Appendix E.)
B. Original tracing and two (2) copies of plat and vicinity map. (See Appendix F.)
C. Original tracing and four (4) copies of approved improvement plans.
E. One (1) copy of financial assurances approved by City’s Law Director in an amount stated by the City Engineer.
F. The City Engineer may request additional copies of any of the above items and any other additional information deemed necessary.
Within five (5) working days of the date of submission, the City Engineer shall determine if all the items as required by Section 1179.04 have been submitted. If all the required items have not been submitted, the City Engineer shall notify the applicant of such omissions.
(2) Official Filing of Plat. The City Engineer shall present to the Planning and Zoning Commission the final plat documents, which meet the requirements of Section 1179.04 at the next regularly-scheduled Planning and Zoning Commission meeting after all required documents have been submitted. Upon determination by the Planning and Zoning Commission that the plat has been properly submitted, the Planning and Zoning Commission shall accept the plat as being officially filed and shall certify on the copies the date of acceptance.
(3) Planning and Zoning Commission Action. The Planning and Zoning Commission shall approve or disapprove the final plat within sixty (60) days from the date of official filing or within a mutually agreed upon time extension; otherwise, the plat shall be deemed to have been approved.
One of the following actions shall be taken by the Planning and Zoning Commission:
A. Approval. The Planning and Zoning Commission may give approval before all required improvements are installed, authorizing its chairman to sign the plat at such time as a construction agreement and financial assurance, acceptable to the City’s Law Director and City Engineer, are provided for the purpose of assuring installation of such improvements. The amount of such financial assurance shall be sufficient to cover the cost of all improvements, based upon an estimate by the City Engineer. For the purpose of satisfying the financial assurance requirement of this Section 1177.04(e)(3), it shall be sufficient for the applicant to submit the guarantee of a solvent bank or other financial institution that funds in the amount of the financial assurance requirement have been committed to the installation of such improvements, in accordance with Ohio R.C. 1151.293 and that such funds shall not be disbursed by the bank or financial institution without the prior approval of the City Engineer. Upon receipt of the City Engineer’s certification and determination that all the requirements of these Regulations have been met, the Planning and Zoning Commission may give approval and shall indicate such approval and date on the tracing of the plat.
B. Disapproval. Should the Planning and Zoning Commission determine to disapprove the plat, written notice of such action, including reference to the regulations or regulation violated by the plat, shall be mailed to the applicant. The action shall also be entered on the official records of the Planning and Zoning Commission.
C. Approval Without Board Action. In the event the Planning and Zoning Commission shall fail to approve or disapprove the plat within sixty (60) days from the date of its official filing, or within a mutually agreed upon time extension, the final plat shall be deemed to have been approved.
D. Power to Review. The Planning and Zoning Commission shall have the power to review, recommend, and regulate additional or a modification of improvements under Section 1183.01, shade trees, street trees, shrubbery, and other vegetative plantings, including buffer zones and setbacks and wetland and riparian setbacks in residential subdivisions, commercial developments, and the development of industrial parks or parcels as required by Chapters 1151 and 1152.
(4) Effect of Approval. Approval of a final plat by the Planning and Zoning Commission shall not be an acceptance by the public of the offer of dedication of any street, highway, or other public ways or open space upon the plat unless such acceptance is also endorsed by Council upon the tracing of the plat or upon ordinance of Council specifically accepting such streets as public streets.
(5) Recording of Plat. After approval of a final plat by the Planning and Zoning Commission, the applicant shall return the tracing to the City Engineer who, after rechecking, shall secure approval of the Tax Map Department. The City Engineer shall then present the plat to the County Auditor for transfer and to the County Recorder for recording. All fees required in connection with the above process as well as costs of reproductions of the plat shall be paid by the applicant.
(Ord. 2004-183. Passed 11-22-04.)
1179.01 PURPOSE.
The purpose of this chapter is to inform the subdivider of the specific information he shall provide to permit adequate review, approval and recording of plats.
(Ord. 1981-99. Passed 8-24-81.)
1179.02 PRELIMINARY DISCUSSION MAP.
A map shall be submitted by the subdivider as a basis for informal discussion. The map shall show the following information:
(a) Location; tract boundaries, township and north point.
(b) Existing highways and proposed streets on and adjacent to the tract. (Several alternates if considered.)
(c) Statement of how sewage disposal and water supply shall be provided.
(d) Utility transmission lines and easements.
(e) Existing zoning districts.
(f) Topography. (U.S.G.S. or better)
(Ord. 1981-99. Passed 8-24-81.)
1179.03 PRELIMINARY PLAN.
The subdivider shall furnish the following:
(a) Application for Preliminary Plan Approval. (See Appendix B.)
(b) Preliminary Plan Drawings. (See Appendix D.) The plan shall be prepared in accordance with Chapter 1181 by a professional engineer. The plan shall be accurately and clearly drawn. The drawing shall include the proposed plan or alternate plans of the subdivision, and shall show the following:
(1) Identification.
A. Proposed name of subdivision, shall not duplicate others in County, City, tract or original lot or section number.
B. Names, addresses and telephone numbers of owners, subdivider and registered surveyor, City planner, landscape architect or professional engineer.
C. Scale (one inch equals 100 feet), north arrow and date.
(2) Existing Data.
A. Boundary line survey; showing bearings and distances as surveyed by a registered surveyor.
B. Easements; showing location, width and purpose.
C. Streets on and adjacent to the subdivision; showing names, location, right of way and roadway width. Planned public improvements; highways or other major improvements planned by public authorities for future construction on or near the subdivision, including journalized routes for highways.
D. Utilities on and adjacent to the subdivision; showing location, size and invert elevations of sanitary and storm sewers; location and size of water mains; location of gas lines, fire hydrants and utility poles. If water mains, sewers and/or culverts are not on or adjacent to the tract, indicate the direction and distance to and size of nearest ones, showing invert elevation of sewers and culverts.
E. Ground elevations of the subdivision; show contours with an interval of not more than five feet if ground slope is in excess of four percent (4%) and two feet if ground slope is less than four percent (4%).
F. Subsurface conditions on the subdivision; showing any conditions that are not typical such as abandoned mines.
G. Other conditions on the subdivision:
1. Watercourses and areas subject to flooding.
2. Marshes.
3. Rock outcroppings.
4. Wooded areas.
5. Isolated preservable trees one foot or more in diameter.
6. Any structures or other significant features.
7. Gas, oil or brine wells with appurtenances.
H. Other conditions on adjacent land within 200 feet:
1. Approximate direction and gradient of ground slope including any embankments or retaining walls.
2. Location and type of buildings, fences, tree lines, etc.
3. Railroad lines.
4. Power lines and towers.
5. Other nearby nonresidential uses of land.
6. Owners of adjacent unplatted land, for adjacent platted land refer to subdivision plat by name, plat book and pages.
I. Zoning requirements:
1. District.
2. Lot size and yard requirements.
3. Proof of any variances or special exceptions which may have been granted.
J. Planned public improvements; showing highways or other major improvements planned by public authorities for future construction on or near the subdivision.
(3) Proposals.
A. Streets; show proposed streets, indicate each street by a letter except where the street is a continuation of an existing street, right of way widths, approximate grades and proposed improvements.
B. Other rights of way or easements; showing location, width and purpose.
C. Lots; showing numbers and dimensions and area of irregular lots in square feet.
D. Minimum building setback lines.
E. Land parcels within the subdivision not to be divided into lots.
F. Public sites; showing reserved or dedicated for parks, playgrounds or other public uses.
G. Sites for other uses; multifamily dwellings, shopping facilities, churches, industry or other nonpublic uses exclusive of single-family dwellings.
H. Total site data; including acreage, number of residential lots, typical lot size and acres in parks and other public uses.
I. When extensive changes of topography are contemplated, a plan showing the proposed topography.
J. In cases where lots or parcels have previously been transferred, without plat, out of the tract sought to be subdivided, such lots or parcels previously transferred should also be numbered in sequence with all new lots created in the proposed subdivision.
(4) Other Information. The City Engineer or City Planning Commission may require such additional information as deemed necessary.
(c) Vicinity Map. The map shall show the relationship of the proposed subdivision to existing community facilities which serve or influence it. The vicinity map may be on the same sheet as the preliminary plan drawing. The vicinity map at a scale of one inch equals 400 feet shall show:
(1) Subdivision name; township, tract and original lot or section number; north arrow and the Ohio State Plane coordinate grid.
(2) Existing and proposed main traffic arteries.
(3) Shopping facilities.
(4) Schools.
(5) Parks and playgrounds.
(6) Any other significant community features.
(Ord. 1981-99. Passed 8-24-81.)
1179.04 IMPROVEMENT PLANS AND SPECIFICATIONS.
(a) Drawings showing cross sections, profiles, elevations, construction details, specifications and cost estimates, and all calculations and computations for all required improvements shall be prepared by a professional engineer. The improvement plans shall be prepared as directed by the City Engineer and subject to his approval.
(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 shall be received before proceeding with the construction of the improvement.
(c) At the completion of the construction and before acceptance the subdivider shall furnish the City Engineer a set of linen or mylar tracings for permanent record, showing the locations, sizes and elevations of all improvements as constructed. The as built drawings shall show all lateral locations, depth and all utility service connections.
(d) Where existing property contains gas or oil wells, the subdivider is responsible for the conditionally approved relocation of access roads to the well(s) as well as all necessary relocations of security measures, fences, gates and landscaping. All gas lines, separators, oil tanks and appurtenances shall be placed in approved easements or rights of way.
(Ord. 1981-99. Passed 8-24-81.)
1179.05 PLAT.
The subdivider shall furnish the following:
(a) Application for Plat Approval. (See Appendix E.)
(b) Plat Drawing. (See current standards of Portage County Recorder's Office.) The plat shall be approved by a registered professional surveyor and drawn in ink on tracing cloth or mylar (sheet size twenty-four inches by thirty inches within the border) and shall be at a scale of not more than 100 feet to one inch. Where necessary, the plat may be on several sheets accompanied by an index sheet showing the entire subdivision. The plat shall show the following:
(1) Identification.
A. Name of subdivision shall not duplicate others in the County, township, tract and original lot or section number.
B. Vicinity map at one inches equals 1,000 feet scale with north arrow.
(2) Control points; showing all dimensions, angles and bearings are to be referred to control points, nearest established street line, section lines or other established point.
(3) Lines and boundaries; showing center lines and right-of-way lines 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, bearings or deflection angles to the nearest second.
(4) Street; showing name, which shall not duplicate another in the Streetsboro postal delivery area and right of way width of each street within proposed subdivision and those adjoining.
(5) Building setback lines accurately shown with dimension.
(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. In cases where lots or parcels have previously been transferred, such lots or parcels previously transferred should also be numbered in sequence with all new lots created in the proposed subdivision.
(7) Total site data; including acreage, number of residential lots, typical lot size and acres in parks and other public uses.
(8) Land for public use; show boundaries and identify the use of all parcels which are to be dedicated or reserved for public use or easements.
(9) Monuments; showing location and description of those found, set or to be set.
(10) Names of recorded owners of adjoining unplatted land and reference to subdivision plats of adjoining platted land by name, volume and page of Recorder's maps.
(11) Certification and seal by a registered surveyor to the effect that the plat represents a survey made by him which balances and closes, and that the monuments shown thereon exist or shall be set as shown and that all dimensional and geodetic details are correct.
(12) Notarized certification by the owner or owners of the subdivision and 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.
(13) Notation for:
A. Certification of City Engineer that required improvements have been satisfactorily installed or adequate financial guarantees have been provided.
B. Approval of plat by Chairman and Secretary of the Planning Commission.
C. Proper notation for transfer by the County Auditor.
D. Proper notations for transfer and recording by the County Recorder.
(14) Protective covenants.
(15) Marital status of land owner must be shown, and if married spouse must also sign plat and release dower or curtesy, interest in public places.
(16) Release by the mortgage holder, if any, of all interest in all property dedicated to public use, this may be a separate document.
(Ord. 1981-99. Passed 8-24-81.)
1181.01 PHYSICAL CONSIDERATIONS.
(a) Natural Land Use. Subdivisions should be planned to take advantage of the topography of the land to economize in the construction of drainage facilities, to reduce the amount of grading and to minimize destruction of trees and topsoil.
(b) Flood Hazard. If any portion of the land within the subdivision is subject to flooding or other hazards, due consideration shall be given to such problems in the design of the subdivision. Land subject to flooding and land otherwise uninhabitable shall not be platted for residential occupancy nor for such other uses that may increase danger to health, life or property, or aggravate the flood hazard. (Ord. 1981-99. Passed 8-24-81.)
1181.02 STREETS.
(a) Arrangement. The arrangement, character, extent, width and location of all streets shall conform to the locally adopted Land Use and Thoroughfare Plan. The design of proposed streets shall provide for both the continuation of existing streets and access to adjacent unplatted lands so that the entire area can be served with a coordinated street system.
(b) Street 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. They shall contain as few intersections with minor streets as possible. Such thoroughfares should traverse the community and should be spaced approximately one mile apart.
(2) Collector streets shall provide a traffic route from local streets to major arterial thoroughfares. These streets should be spaced at least one-fourth mile apart.
(3) Local streets shall provide direct and full access to each lot and shall be laid out so that their use by through traffic shall be discouraged.
(4) Parallel streets may be required along an existing or proposed major arterial thoroughfare to provide access to lots along such major arterial thoroughfares.
(5) Service drives shall be designed to provide only secondary access.
(c) Street Right-of-Way Widths and Grades and Standard Details. (Refer to Appendix H.)
Grades by Percent | |||
Classification | Minimum Right of Way Width (in feet) | Maximum | Minimum |
Major Arterial Thoroughfare | 100 | 5 | .6 |
Collector Streets | 30 | 7 | .5 |
Local Streets | |||
Rural Residentail | 60 | 8 | .5 |
Urban Single-Family | 60 | 8 | .5 |
Urban Multi-Family | 60 | 8 | .5 |
Light Industrial | 60 | 5 | .5 |
(d) Half Streets. Half streets shall be prohibited except where there is an existing half street adjacent to the subdivision in which case the remaining half of the street shall be platted.
(e) Cul-de-Sacs and Dead-End Streets. Streets designed to be permanently dead- ended shall not be longer than 600 feet and shall be provided at the closed end with a turnaround having an outside pavement diameter of at least 100 feet and a street property line diameter of at least 120 feet. If such a street is of a temporary nature and a future extension into adjacent land is anticipated then the turning circle beyond the normal street width shall be in the nature of an easement over the premises included in such turning circle, but beyond the boundaries of the street proper. Such easements shall be automatically vacated to abutting property owners, when the dead-end street is legally extended into adjacent land, if such dead-end street is legally extended into adjacent land. If such dead-end street extends only one lot depth past a street intersection, no turnaround shall be required. Subdivider shall be required to reserve for public use a strip of land five feet in width at the end of all dead-end streets. No person or persons shall have access across this property until an adjacent subdivision is developed and streets in such development are dedicated for public use. The cost of paving such five foot strip shall be borne by the subdivider connecting into such street.
(f) Corner Radii. Property lines at street intersections shall be rounded with a radius of not less than fifty feet for major arterial thoroughfares, thirty feet for collector and industrial streets and twenty feet for local streets. Chords or cutoffs may be permitted in places of rounded corners. Industrial park road right-of-way corner radius shall be sixty-five feet with fifty foot curb corner radius.
(g) Horizontal and Vertical Curves. Angles in the alignment of street lines shall be connected by a curve with a radius on the center line of not less than 286.48 feet for local, collector and industrial streets, and 572.96 feet for major arterial thoroughfares. Between reverse curves there shall be a tangent at least 100 feet long on major arterial thoroughfares. Every change in street grade shall be made with a vertical curve to provide distance suited to the location which in no case shall be less than 300 feet from a height of four and one-half feet.
(h) 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 sixty degrees. Three-way intersections are encouraged, but in no event shall an intersection containing streets in excess of four be approved.
(i) Street Jogs. Street jogs with centerline offsets of less than 125 feet shall be prohibited. If deemed necessary by the Planning Commission, the minimum distance between centerline offsets may be increased.
(Ord. 1981-99. Passed 8-24-81.)
1181.03 EASEMENTS.
(a) Utility Easements. Electric and telephone lines should be located along rear or side lot lines wherever possible unless buried in conduit. Easements along rear and side lot lines shall be provided for utilities and shall be at least twenty feet wide on the rear line and ten feet wide on the side line.
(b) Drainage Easements. Where a subdivision is traversed by a drainage way, a storm water or drainage easement conforming substantially with the lines of such drainage way shall be provided. The easement shall be twenty feet wide or shall generally follow, but not be centered upon rear and side lot lines. (Ord. 1981-99. Passed 8-24-81.)
1181.04 BLOCKS.
(a) Residential Block Lengths. The long dimension of a residential block shall not exceed 1,500 feet or be less than 800 feet.
(b) Pedestrian Walkways. Pedestrian walkways, with not less than a ten foot wide right of way, or of such greater width as deemed necessary by the Planning Commission, 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 use with adequate space set aside for off-street parking and loading facilities.
(Ord. 1981-99. Passed 8-24-81.)
1181.05 LOTS.
(a) Zoning Conformance. The lot size, width, depth and the minimum building setback lines shall conform to the existing City zoning regulations.
(b) Corner Lots. Corner lots shall have a side yard setback equivalent to the front yard. (Ord. 1989-49. Passed 8-28-89.)
(c) Access to Public Streets. The subdividing of land shall provide each lot with access to an existing public street.
(d) Double-Frontage Lot. Lots shall not be laid out so that they have frontage on more than one street except: where the lots are adjacent to the intersection of two streets; or where it is necessary to separate residential lots from major arterial thoroughfares. 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 such reserve strip. The Planning Commission may require that a six foot high solid board fence or masonry wall be constructed or that a ten foot wide planting screen be provided.
(e) Lot Lines. Lot lines shall be substantially at right angles or radial to street lines. Lot lines should follow municipal, township and County boundary lines rather than cross them insofar as possible. Lot lines shall not be established within 100 feet of an existing oil, gas or brine well, or storage tanks.
(f) Lot Depth. Except as otherwise authorized by the Planning Commission, no lot depth shall exceed three and one-half times the lot width.
(g) Building Locations. The minimum distance between all proposed buildings and existing oil, gas or brine wells, or storage tanks, shall be 100 feet.
(Ord. 1981-99. Passed 8-24-81.)
1181.06 PUBLIC SITES AND OPEN SPACE.
(a) Public Facilities. The design of the subdivision shall provide for parks, playgrounds, schools and other sites for public use as provided in Section 1183.01(d) of these Regulations. Such public facilities shall conform to the Land Use and Thoroughfare Plan.
(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 their preservation.
(Ord. 1981-99. Passed 8-24-81.)
1181.07 CONFORMITY WITH LAND USE AND THOROUGHFARE PLAN.
(a) All proposed subdivisions shall conform to the adopted Land Use and Thoroughfare Plan where not in conflict with an official zoning ordinance. Whenever a tract to be subdivided embraces any part of a major thoroughfare, or collector street shown on the Land Use and Thoroughfare Plan, such part of the proposed public way shall be platted by the subdivider in the location and of the width indicated on the Land Use and Thoroughfare Plan.
(b) When a subdivision fronts on a dedicated street or highway that is not fully improved, including earthwork, drainage, storm sewerage, sanitary sewerage, central water supply with fire protection, curbs, sidewalks, acceleration or deceleration lanes, paving reconstruction or pavement overlay, such improvement shall be required as deemed applicable by the City Engineer (or PCSE by jurisdiction) of the subdivider under the provisions of Title Seven - Subdivision Regulations.
(Ord. 1986-19. Passed 3-24-86.)
(Ord. 1986-19. Passed 3-24-86.)
1183.01 REQUIRED IMPROVEMENTS.
The improvements which are hereby required shall be designed, furnished and installed by the subdivider in accordance with the provisions of these Regulations and other regulations of the State and City. They shall be installed before the plat is approved or in lieu thereof, financial guarantees for such installation shall be approved prior to the approval of the plat. The subdivider shall provide and install within the proposed subdivision improvements not less than set forth in Table 1.
TABLE 1
SCHEDULE OF REQUIRED IMPROVEMENTS
Note that “not required” items may nevertheless be required by the Planning and Zoning Commission as part of the Plat Review process under Chapter 1177.
R-R Rural Residential District
• Drainage: required for streets
• Grading: required for streets
• Storm sewer: required for streets
• Pavement (see (b)(1)): required (asphalt)
• Curbs and gutters: not required
• Sidewalks: not required
• Street signs (see (b)(3)): required
• Street lights: required at street intersections only
• Street trees: not required
• Sanitary sewer: not required
• Municipal water: not required
• Public sites (see (d)): required
• Monuments (see (e)): required
R-T Transitional Residential District
• Drainage: required for streets
• Grading: required for streets
• Storm sewer: required for streets
• Pavement (see (b)(1)): required (asphalt)
• Curbs and gutters: not required
• Sidewalks: not required
• Street signs (see (b)(3)): required
• Street lights: required at street intersections only
• Street trees: not required
• Sanitary sewer: required
• Municipal water: required
• Public sites (see (d)): required
• Monuments (see (e)): required
R-G Golf Course Community District
• Drainage: required for streets
• Grading (see (a)(2)): required for streets, blocks, and sublots
• Storm sewer (see (a)(3)): required
• Pavement (see (b)(1)): required
• Curbs and gutters (see (b)): required
• Sidewalks (see (b)(2)): required
• Street signs (see (b)(3)): required
• Street lights (see (b)(4)): required
• Street trees (see (b)(5)): required
• Sanitary sewer (see (c)): required
• Municipal water (see (c)): required
• Public sites (see (d)): required
• Monuments (see (e)): required
Open Space Residential District
• Per base zoning, except sanitary sewer and municipal water must be available.
(Ord. 2004-183. Passed 11-22-04.)
(a) 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. To this end the subdivision shall be graded as required by Table 1 of Section 1183.01 and the following requirements and methods shall be followed:
(1) Drainage plan. Prior to the start of any construction, houses or streets, the subdivider shall furnish a plat plan showing the slab or floor elevation of each house proposed to be constructed. He shall also show by the use of arrows how he proposes to surface drain each lot and furnish elevations at lot corners and break in grade. The plan should indicate existing and finished grades.
The subdivider shall submit topographic maps showing the area to be drained with calculations prepared by a registered professional engineer in determining the proposed storm water collection system.
(2) Drainage requirements, grading. No final grading or sidewalk or pavement construction or installation of utilities shall be permitted in any proposed street until the plat has been approved or conditionally approved.
The subdivider shall grade each subdivision as specified in Table 1 of Section 1183.01 in order to establish street, block and lot grades in proper relation to each other and to topography, as follows:
A. 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. Planting strips shall be graded at a gradient of not less than two percent (2%) or more than three percent (3%) upward from the curb to the sidewalk or property line.
(Refer to Appendix H.)
B. Block and lot grading.
1. Block grading shall be as follows:
a. A ridge along rear lot lines, draining into the streets.
b. Parts of all lots draining to a sidewalk or ditch along rear lot lines.
2. Lot grading shall be as follows:
Lots shall be graded so that water drains away from each building at a minimum grade of two percent (2%). Surface drainage swales shall have a minimum grade of one-half percent (1/2%) and shall be designed so that surface water shall drain into a driveway, street gutter, storm sewer, drain inlet or natural drainage way. The minimum grades of driveways shall be four-tenths percent (.4%) and a maximum of fifteen percent (15%).
C. Topsoil. If grading results in the stripping of topsoil, the topsoil shall not be removed from the site or used as fill, but shall be saved and uniformly spread over the lots as grading is finished.
D. Trees. As many trees as can be reasonably utilized in the final development plan shall be retained and the grading adjusted to the existing grade at the trees.
(3) Drainage system requirements. The design criteria for the drainage systems shall be based on the correct State Department of Highways, Manual of Location and Design. Runoff or design discharge for sewer design, where the contributing area generally consists of pavement and a narrow strip back of the pavement, shall be obtained from the rational formula: Q = Cia (See Manual of Location and Design). Peak rates of runoff from watersheds under 1,000 acres shall be obtained from the following formula: Q = RF x CF x FF x Q (See Manual of Location and Design). The following minimum design frequencies are to be used:
Roadway ditches | 2 years |
Storm sewers | 10 years |
Culvert under roadways | 25 years |
Watercourses | 10 years |
A. Road drainage system. The road storm drainage system shall serve as the prime drainage system. It shall be designed to carry roadway, adjacent land and house storm water drainage.
1. Road storm sewers, enclosed. The design discharge used to determine pavement inlet spacing shall be based on the rational method mentioned in subsection (a)(3) hereof. The gutter flow between inlets shall be calculated by the equation: Q = .56 Z/NS 1/2F 8/3. (See Manual of Location and Design) The inlet spacing shall be based on a two-year frequency, fifteen minutes duration design storm. The spread of water on the pavement shall be limited to eight feet into the traveled lane.
In addition, standard manholes or combination manhold inlets for cleaning purposes shall be placed no further than 300 feet apart.
B. Off-road drainage systems. The design of the off-road drainage system shall include the watershed affecting the allotment and shall be extended to a watercourse or ditch adequate to receive the storm drainage. Enclosed storm sewer laterals of not less than four inches in diameter shall be provided for each lot or building site and used for collection of sump pump discharges. The flow shall not be included in calculations for subsection (a)(3) hereof, but shall connect to the enclosed road storm sewers.
1. All watercourses or ditches with a design capacity not exceeding the capacity of a thirty-six inch concrete pipe shall be enclosed.
Existing creeks or ditches constructed by the subdivider which exceed the above limit shall be constructed with a minimum fifteen foot wide continuous earth roadway to provide access for maintenance equipment to all sections of the ditch. The ditch easement shall be wide enough to contain the ditch slopes and roadway with ample clearance for the operation of maintenance equipment. Open ditches shall have a side slope ratio of two to one and a minimum two foot bottom width.
2. Any storm drainage courses carried along side lot lines shall be enclosed with approved pipe.
a. Drainage easement. Easements for drainage purposes shall be a minimum of fifteen feet in width. Where the watercourse is large, easement widths shall be increased as determined by the City Engineer (See subsection (a)(3)B.2. hereof.) Where watercourses cross plotted lots diagonally, the subdivider shall straighten such courses where practicable and shall substantially follow sublot lines. Easements shall be shown on the record plat and deeds and shall cover all existing or reconstructed watercourses.
C. Protection of drainage systems. The subdivider shall adequately protect all ditches, roadways and watercourses to the satisfaction of the City Engineer as follows:
1. Any watercourse having a gradient in excess of two and one-half percent (2 1/2%) shall be enclosed with pipe with the necessary inlets and shall be piped to a storm sewer, if nearby, or otherwise to a natural watercourse. Where a street is of considerable length and of various gradients, part of which require storm sewers, the lengths between the storm sewers even though less than two and one-half percent (2 1/2%) gradient shall also be enclosed in pipe, when required by the City Engineer. Material and construction shall be in accordance with the specifications of the City Engineer. Watercourses or road gutters having a gradient exceeding one and one-half percent (1 1/2%) shall be sodded or paved with brick, concrete, half tile or broken concrete slabs. All areas within the right of way not paved or sodded shall be fertilized and seeded. All adjoining land where the vegetation has been injured or destroyed or where the land is in need of protection to prevent erosion, deposits in the drainage facilities and/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, free from either erosion or sedimentation and/or other debris.
D. Pipe policy. The following pipe policy and the pipe policy of the State Department of Highways, Construction and Material Specifications, Items 706 and 707, shall be used in designing storm sewer systems subject to the approval of the City Engineer.
1. All pipe lines, including culverts and storm sewers, which are located beneath the roadway shall meet the requirements set forth for Class A pipe.
2. Longitudinal storm sewer lines, not under the main roadways, shall be Class D or Class E pipe. Where these sewers are shallow or located beneath drives, Class B or Class C pipe shall be specified.
3. Longitudinal roadway drainage lines, for which sealed joints are unnecessary or undesirable, shall be Class H pipes. Portions of these drains that require stronger pipe because of shallow cover or location beneath drives shall be Class C pipe.
4. Open end driveway pipe twenty-four inches or less in diameter may be Class F pipe and larger pipes shall be Class B or Class C pipe.
5. Outlet pipe or open-joint drains, Class H or I, shall be in accordance with the provisions of Class F pipe and shall usually be ten feet in length.
6. Pipe underdrains shall be Class E pipe.
7. Pipe arches or elliptical pipes shall be Class G pipe.
(b) Street Improvements. The subdivider shall design and construct pavements, curbs and gutters of sizes and types not less than set forth in Appendix H for all streets. Pavement cross sections shall be as shown in Appendix H. The construction and materials shall be as specified by the State Department of Highways Construction and Material Specifications or as specified by the City Engineer.
(1) Pavements. Higher standards and/or greater widths than indicated herein may be required by the City Engineer or Planning Commission to adequately provide for unusual soil conditions or extraordinary traffic volumes or loads.
After the underground utilities and house connections are installed and 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. Such pavements shall be maintained in a safe and passable condition by the subdivider without expense to the City.
(2) Sidewalks. Sidewalks shall be provided as specified in the required improvement schedule and in the location shown by the typical cross section in Appendix H. Sidewalks shall be constructed of concrete four inches thick with the thickness increased to seven inches where the sidewalk is crossed by a driveway. The construction and materials shall be as specified in Item 608 of the State Department of Highways Construction and Material Specifications or as specified by the City Engineer.
(3) Street signs. The subdivider shall install a street sign showing the names of all streets at all street intersections. The signs shall conform to the specifications of the City Engineer and be mounted at a height of approximately seven feet above the top of the curb or the crown of the pavement. The sign shall be located as directed by the City Engineer.
A. Street name signs, of a type in use throughout the City, shall be erected by the subdivider at all intersections.
B. For purposes of street naming, the following suffixes shall apply:
1. Avenue shall be used only for streets that run in a generally east-west direction;
2. Boulevard or Drive shall be used only for a large meandering type street;
3. Circle or Court shall be used only for cul-de-sac type streets that run in a generally east-west direction;
4. Lane or Place shall be used for cul-de-sac type streets that run in a generally north-south direction;
5. Road or Way shall be used only for streets that run in a diagonal manner, either a generally north-west-southeast direction or a northeast-southwest direction;
6. Street shall be used only for thoroughfares that run in a generally north-south direction;
7. The words north, south, east or west should be avoided as part of a street name whenever possible.
C. Whenever a new street is constructed along the approximate alignment or extension of an existing street, its name shall be the same as that of the existing one.
D. Whenever a street alignment changes direction more than seventy-five degrees without a return to the original alignment within a distance of 500 feet, then the name of the street shall be changed at the point of curvature.
E. Whenever a cul-de-sac street serves not more than three lots, the name of the intersecting street shall apply to the cul-de-sac.
F. To avoid duplication and confusion, the proposed names of all streets shall be approved by the City Engineer prior to such names being assigned or used.
G. Stop signs, safety, speed limit and information signs shall be to local standards and installed at the direction of the Engineer.
(4) Street lights and underground utility lines. In all new allotments or reallotments, all utility lines including those for street lighting, shall be installed underground. All owners or petitioners for subdivision of land shall grant easements for such lines and areas as are needed by the utilities for installation, maintenance and replacement of their lines and needed equipment including street lighting.
The subdivider shall include a restrictive covenant in the plat to allow for the agreement of property owner/purchasers/grantees or assignees to assessment installation and operation and maintenance of street lighting as deemed appropriate by Council resolution of necessity.
(5) Street trees. The trees shall be provided only on streets with curbs and gutters as required in the improvement schedule and as follows:
A. Species. The trees shall be species which are resistant to damage and disease and which do not cause interference with underground utilities or street lighting.
The species of trees suggested are Red Maple, Norway Maple, Sugar Maple, Sycamore Maple, Red Oak, Thornless Honey Locust, London Plane Tree, Amur Cork Tree and Sweet Gum, Buckeye, Ruby Red Horsechestnut, European Hornbeam, Hornbeam, American Hop Hornbeam, Chinese Hackberry, Hackberry, Maidenhair Tree, European Linden, Flowering Dogwood and Flowering Crabapples as approved by the Planning Commission.
Trees which have undesirable characteristics such as fruit, low branches, unpleasant odors, excessively thick foliage, susceptibility to disease or attack by insects, or large root systems such as Poplar, Willow, Cottonwood, American Elm, Ailanthus, Mountain Ash, Silver Maple, Ash Leaved Maple and Oregon Maple are prohibited in the planting strip. Poplar, Willow or Cottonwood trees, if planted on private property, shall be located not less than 100 feet from any public sewer.
B. Location. Street trees shall be spaced so that there shall be one per lot, but not in excess of eighty feet on center. No trees shall be planted within forty feet of the intersection of two street right-of-way lines. Approaches to buildings should be considered when locating trees.
C. Tree Size. Trees shall be at least one and one-half inches in diameter one foot above the ground. Lowest branches shall be not less than seven feet and no more than ten feet above the ground.
(6) Planting screens or fences. The Planning Commission may require and permit planting screens or fences where reverse frontage lots abut a major arterial street or between a major arterial thoroughfare and a marginal access street, provided that such planting screens or fences shall not constitute a safety hazard. A plan of proposed planting screens or fences shall be submitted for approval with the plat.
(c) Sewer and Water Facilities. Adequate central sanitary sewer, including manholes, house laterals and other incidentals and water supply systems, shall be provided by the subdivider, either by the installation of new systems or by connection to existing systems which are deemed adequate by the City Engineer to handle the additional demands and volume which shall result from the proposed subdivision. The subdivider, prior to the submission of the plat for approval by the Planning Commission, shall receive the prior written approval for the extension or installation of the central water system and central sanitary sewer system from the City Engineer, the State Department of Health, and particular private or public utilities involved. All sanitary sewer pipes shall be coupled with a rubber gasket such as Tylox B, C, CR or approved equal. All of the gaskets shall conform to the requirements of ASTM (American Society Testing Material) Designation C448-65 or ASTM (American Society Testing Material) Designation C425-66T utilizing the Type III compression joint only, or the latest revisions thereof. The gaskets used shall be a brand with at least five years proven satisfactory experience and service.
(Ord. 1982-119. Passed 12-20-82.)
(d) Public Sites
(1) The Planning Commission may require the dedication of land for parks, playgrounds, open space and/or school sites and shall require the developer to pay a fee per family unit to the Parks and Recreation Board pursuant to the Parks and Recreation's Master Plan to facilitate the development of said plan.
Acceptance of any land is contingent on Council action to accept on behalf of the City, and further does not exempt one from the requirements of Section 149.09 unless the proposed development is a non-residential commercial development, private recreation park, business property and/or industrial development. It is further required that any funds received by the Park Board pursuant to this section be restricted for Capital Improvements only.
(2) Lands dedicated to the City for public sites may have multiple uses, including 10 year flood plain, setback; requirements for wells, and preservation of archaeological sites, at the discretion of the Planning Commission.
(3) The designation of a private park within the boundaries of the lands proposed shall not exempt the applicant from the requirements of these Public Site provisions.
(4) At the discretion of the Planning Commission, public sites may be designated for schools whereby the multiple uses listed in subsection (d)(2) hereof shall not apply. It is recommended that public sites for schools be at least ten acres in area; sites for neighborhood parks be at least seven acres, and school-park sites be at least fifteen acres in area. It is also recommended that public sites adjoining subdivisions should be located together so that larger, more useable sites are created.
(5) The applicant shall submit improvement plans for the public site to the Planning Commission at the time of site plan or plat submittal. Public Site improvements may include all weather access, ground clearing and shaping, drainage, seeding, landscaping, parking, sport apparatus, fencing and lighting as deemed appropriate by the Planning Commission.
(6) The Planning Commission may elect to cause the applicant to engage the services of an approved professional archeologist to survey the land and inventory archaeologically sensitive areas. Such areas may be required to be set aside as a public site at the Planning Commission's discretion. At the conclusion of archaeological salvaging, the site may revert to the applicant's use or a public site as determined by the archeologist's report and the applicant's and Planning Commission's agreement.
(Ord. 1994-27. Passed 3-28-94.)
No zoning permit shall be issued without the dwelling unit park fee being on deposit with the City Finance Director and the public site legal boundary description or plat, signed by the property owner, transferred to the City Engineer, for presentation to and acceptance by Council.
(Ord. 1986-101. Passed 12-22-86.)
(e) Monuments.
(1) Monuments shall be one inch pipe or steel rods set in and running through a concrete block at least six inches in diameter and at least thirty inches long and the bottom of such block shall be set at least thirty inches deep, below finished grade in the plat, and the points at which they may be found shall be designated on the plat. All monuments set in pavements shall be set in standard type monument boxes. Where new streets intersect existing highways, monuments may be placed on the centerline of the new road at the right of way of the existing road.
(2) Four monuments shall be set in each plat of ten lots or less, and not less than six shall be set in each plat containing over ten lots. Iron pins shall be set at all lot corners and in all changes in lot line direction and at the P.C. and P.T. of all right-of-way curves.
(Ord. 1982-119. Passed 12-20-82.)
1183.02 OVERSIZE AND/OR OFF-SITE IMPROVEMENTS.
Oversize and/or off-site extensions of utilities, pavements 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/or off-site improvements required. The subdivider may contract with adjacent property owners and/or subdividers of adjacent land for reimbursement of the oversize and/or off-site improvements required. Such improvements shall be available for connections by individual property owners and/or subdividers of adjoining land.
(Ord. 1982-119. Passed 12-20-82.)
1183.03 CONSTRUCTION REQUIREMENTS.
(a) Preconstruction Meeting and Work Schedule. A preconstruction meeting shall be held with the City Engineer prior to the commencement of any project. At this time the project shall be discussed in regard to procedure, plans, materials and inspections.
(b) Construction Inspections.
(1) Responsible official. The City Engineer shall be responsible for the inspection of all improvements.
(2) Authority and duties of inspectors. Inspectors for the City shall be authorized to inspect any work done and all materials furnished. Such 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 specification requirements or suspend the portion of the work involved until any question at issue can be referred to and decided by the City 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. (See Section 1175.05(b) for fees.)
(3) Final inspection. 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 improvements.
(c) Construction Responsibilities.
(1) Cooperation of subdivider and/or contractor. The subdivider and/or contractor shall have available on the project, at all times, two approved copies of all required plans and specifications. He shall cooperate with the inspector and with other contractors in every way possible. The subdivider and/or 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 and to promptly supply such materials, tools, plant equipment and labor as may be required. A superintendent shall be furnished irrespective of the amount of work sublet.
(2) Work schedules. The subdivider and/or contractor shall submit weekly work schedules every Friday for the following week's work. Work which has not been properly scheduled shall not be accepted by the City Engineer. All work schedules shall be inspected and approved by the City Inspectors. Unsatisfactory progress reports shall be returned for revision. The normal work week is assumed to be an eight-hour day, Monday through Friday; if overtime shall be needed, it shall be indicated on the schedule.
(3) Grade stakes. Pavement and pipe grade stakes shall be set at twenty-five foot intervals on horizontal and vertical curves and for all grades less than one percent (1%). Tangent pavement grades and pipe grades over one percent (1%) may be set at a maximum interval of fifty feet. The inspector may ask for additional grade stakes if it is deemed necessary.
(4) Repair of damage. Any damage done to the improvements by construction traffic, 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 cleaning up. Upon completion of the work and before acceptance, the subdivider and/or 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 of 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 the certificate of substantial completion of improvements by the City Engineer. The subdivider shall be notified by the City Engineer or Planning Commission of the need for such maintenance or service. If the subdivider fails to perform such necessary maintenance or service within a time specified by the City Engineer, the City Engineer may perform such maintenance or service and bill the subdivider for such service. Payment shall be guaranteed by the performance bond. In addition, the subdivider shall maintain all improvements for such periods specified in Section 1183.04(d).
(Ord. 1981-99. Passed 8-24-81.)
(Ord. 1981-99. Passed 8-24-81.)
1183.04 AGREEMENTS AND GUARANTEES.
All bonds and insurance required under this section shall be secured from companies authorized to do business in the State. No subdivision shall be approved until the improvements required have been constructed or a bond, executed by a surety company, or developer's property bond on real estate, or securities, including but not limited to mortgages and deeds of trust, or other adequate collateral as determined by the Law Director, has been deposited with the Finance Director guaranteeing the faithful performance of the construction of such streets in any new subdivision.
(a) Construction Agreement. To assure construction and installation of improvements required by these Regulations, the subdivider shall execute a construction agreement with the Finance Director in form and substance as determined by the City Engineer and approved by the City's Law Director. This agreement shall provide that all such 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; such improvements shall be available to and for the benefit of the lands within such subdivision; that such improvements shall be completed and installed within eighteen months of the date of conditional approval of the plat as permitted according to Section 1177.04(e)(3). Any further provisions that the City's Law Director may deem necessary in the public interest may be added.
The construction agreement shall further provide that, in the case where approval of the plat has been given before construction or improvements and a performance guarantee has been provided and if the improvements are not completed within the specified time, the City upon proper notice may complete the improvements and recover full costs and expenses thereof from the subdivider and may appropriate such portion of money or bonds posted for the faithful performance of the works.
(b) Commencement of Improvements. No construction of any improvements or clearing, grubbing and grading shall be commenced prior to the approval of the construction agreement by Council.
(c) Performance Guarantee.
(1) Type. The subdivider, in lieu of actual installation or completion of the required improvements when requesting conditional approval of a plat, shall execute and file a construction agreement and cash bond in accordance with Section 1177.04(a)(4) of these Regulations.
(2) Term. Guarantees shall be for a period of not longer than two years unless the Public Service Director shall extend the time period or should recommend acceptance after completion.
(3) Amount. The financial guarantee shall be in an amount equal to the subdivider's estimate approved by the City Engineer of the cost of construction of all improvements plus ten percent (10%).
(d) Maintenance Guarantees. A cash maintenance bond shall be posted with the Public Service Director in the amount of ten percent (10%) of the cost of the improvements and shall be arranged for a period of eighteen months from date of acceptance of improvements by the City Engineer. The subdivider shall be responsible for routine maintenance of all improvements and shall repair all failures due to faulty construction as soon as they become apparent. He shall also make repairs due to erosion or abuse by utility companies and shall repair all failures for all other reasons during the maintenance guarantee period. The streets, street trees, monuments and other improvements shall be in a condition acceptable to Council at the end of the maintenance period. If the subdivider fails to perform the maintenance to the complete satisfaction of Council, Council may use such cash maintenance guarantee for improvements of properties within the subdivision.
(e) Liability Insurance. The subdivider shall furnish such insurance as is deemed necessary by Council which shall indemnify and save harmless the City from any and all liability arising by reason of the conditions which may arise or grow out of the construction or installation of such facilities. The insurance shall be of such duration as determined by the Law Director, but shall in no case be allowed to expire earlier than the effective period of any maintenance bond. A copy of the insurance policy shall remain at all times with the Council Clerk and Law Director.
(f) Title Insurance. A title insurance policy in an amount to be determined by the Law Director shall be furnished by the subdivider insuring the title of the lands to be dedicated and that all taxes are paid on all land to be dedicated to public use. The title insurance policy shall show the release by the mortgage holder, if any, of all interest in all property dedicated to a public use.
(Ord. 1982-119. Passed 12-20-82.