Warren City Zoning Code
TITLE THREE
Subdivision Regulations
1111.01 ALLEY.
“Alley” means a public way not less than twenty feet nor more than thirty feet wide, which affords only a secondary means of access to property abutting thereon.
(Ord. 5921/62. Passed 5-14-62.)
1111.02 PLANNING COMMISSION.
"Planning Commission" means the Commission established by a municipality for the purpose of controlling platting within the corporate limits of that municipality, and within a radius of three miles of such limits.
(Ord. 5921/62. Passed 5-14-62.)
1111.03 COMPREHENSIVE PLAN.
"Comprehensive Plan" means the Plan made and adopted by the Planning Commission and hereafter amended and supplemented, indicating the general locations recommended for the principal streets, parks, public buildings, zoning districts, character and extent of community development and other physical aspects of urban and rural planning, on file in the office of the Recorder of Trumbull County, Ohio, and in the office of the Commission.
(Ord. 5921/62. Passed 5-14-62.)
1111.04 COUNTY.
"County" means Trumbull County, State of Ohio.
(Ord. 5921/62. Passed 5-14-62.)
1111.05 CROSSWALK.
"Crosswalk" means a right of way, ten feet or more in width, which cuts across a block to facilitate pedestrian access to adjacent streets and properties.
(Ord. 5921/62. Passed 5-14-62.)
1111.06 DEVELOPER.
"Developer" means any person or persons, company, corporation, realtor or realtors, contractor or contractors, or any group or groups which are not specifically mentioned, who plat, subdivide and record, or cause the same to be done, which adds any street, streets, public way, alley or alleys to the City of Warren, Ohio, or a proposed subdivision area over which the City has jurisdiction. "Developer" includes any of the aforementioned person or persons, etc., who plat or subdivide, or cause the same to be done, to land abutting on a dedicated street, if the subdivision or plat includes sixty percent of the frontage of land abutting on any street within a block.
(Ord. 5921/62. Passed 5-14-62.)
1111.07 EASEMENT.
"Easement" means a grant by the owner of the land for the specified use of such land to a corporation, to a partnership, to a person or persons, or the public.
(Ord. 5921/62. Passed 5-14-62.)
1111.08 ENGINEER.
"Engineer" means a registered engineer authorized to practice civil engineering as defined by "Occupations - Professions" of the State of Ohio.
(Ord. 5921/62. Passed 5-14-62.)
1111.09 FLOOD PLAIN.
"Flood plain" means that portion of river or creek valley adjacent to the river or creek channel which is covered with water when the river or creek overflows its banks at flood stage.
(Ord. 5921/62. Passed 5-14-62.)
(Ord. 5921/62. Passed 5-14-62.)
1111.10 IMPROVEMENTS.
"Improvements" means street pavements (with or without curb or gutter), sidewalks, water mains, sanitary and storm sewers, street trees, crosswalks and other appropriate items.
(Ord. 5921/62. Passed 5-14-62.)
(Ord. 5921/62. Passed 5-14-62.)
1111.11 INSPECTION FEE.
"Inspection fee" means the cost to the City of supervising and inspecting construction to be paid by the developer.
(Ord. 5921/62. Passed 5-14-62.)
1111.12 LOT.
"Lot" means a parcel of land intended for transfer of ownership or building development, having its full frontage on a public street.
(Ord. 5921/62. Passed 5-14-62.)
1111.13 LOT, CORNER.
"Corner lot" means a lot abutting upon two or more streets at their intersection.
(Ord. 5921/62. Passed 5-14-62.)
1111.14 NEIGHBORHOOD UNIT.
"Neighborhood unit" means a neighborhood development as a distinct entity adhering to the principle that it should have social homogeneity among its residents and contain its own elementary school, shopping center, churches, clubs, recreation area, and be bounded, not traversed, by major traffic arteries.
(Ord. 5921/62. Passed 5-14-62.)
1111.15 PERFORMANCE BOND; SURETY BOND.
"Performance bond" or "surety bond" means an agreement by and between a developer and a bonding company in favor of the City of Warren for the amount of estimated construction cost guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by the developer's agreement.
(Ord. 5921/62. Passed 5-14-62.)
1111.16 PLAT.
"Plat" means a map upon which the developer's plan of the subdivision is presented and which he submits for approval and intends to record in the final form.
(Ord. 5921/62. Passed 5-14-62.)
1111.17 REGULATIONS.
"Subdivision regulations" or "regulations" as used herein means Ordinance 5921/62, passed May 14, 1962, as amended, which is codified as Title Three
of this Part Eleven Planning and Zoning Code.
(Ord. 5921/62. Passed 5-14-62.)
1111.18 RESERVES.
"Reserves" means parcels of land within a subdivision that are intended for future use other than residential.
(Ord. 5921/62. Passed 5-14-62.)
1111.19 RIGHT OF WAY.
"Right of way" means the width, between property lines, of a street, alley, crosswalk or easement.
(Ord. 5921/62. Passed 5-14-62.)
1111.20 SETBACK LINE.
"Setback line" means a line indicating the minimum horizontal distance between the street easement, or right of way, and the building, or any projection thereof other than steps or permanently open porches or ramps, unless otherwise specifically defined.
(Ord. 9368/83. Passed 9-28-83.)
1111.21 STREET, ARTERIAL.
"Arterial street" (major, secondary, primary, etc.) means a public thoroughfare which is used primarily for fast or heavy traffic.
(Ord. 5921/62. Passed 5-14-62.)
1111.22 STREET, COLLECTOR.
"Collector street" means a public thoroughfare which carries traffic from minor streets to the major system of arterial streets and highways, including the principal entrance streets of a residential development and streets for circulation within such a development.
(Ord. 5921/62. Passed 5-14-62.)
1111.23 STREET, MINOR.
"Minor street" means a public thoroughfare which is used primarily for access to the abutting properties.
(Ord. 5921/62. Passed 5-14-62.)
1111.24 SUBDIVISION.
"Subdivision" means:
(a) The division of any parcel of land shown as a unit or as contiguous units on the last preceding tax roll into two 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;
(b) 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 as open spaces for common use by the owner, occupants or lease holders or as easements for the extension or maintenance of public sewers, water lines, storm drainage or other public facilities.
(Ord. 5921/62. Passed 5-14-62.)
1111.25 SUPERBLOCK.
"Superblock" means a block of exceptionally large size in both dimensions with access to interior lots by cul-de-sacs and loop streets branching in from surrounding streets, and providing one or more open spaces.
(Ord. 5921/62. Passed 5-14-62.)
1111.26 SURVEYOR.
"Surveyor" means a registered surveyor, as defined by the Registration Act of the State of Ohio.
(Ord. 5921/62. Passed 5-14-62.)
1111.27 WIDTH, AVERAGE.
"Average width" means the distance measured between the midpoint of the sides of a lot. When the two sides are not straight, the Commission shall determine the average width.
(Ord. 5921/62. Passed 5-14-62.)
1113.01 PURPOSE.
The regulations set forth herein are adopted to secure and provide for:
(a) The proper arrangement of streets or highways in relation to existing or planned streets or highways or to the general plans of the various political subdivisions within the Planning Commission's area of jurisdiction;
(b) Adequate and convenient open space for traffic, utilities, access of fire-fighting apparatus, recreation, light and air;
(c) The avoidance of congestion of population;
(d) The establishment of standards for the construction of any and all improvements as herein required.
(Ord. 5921/62. Passed 5-14-62.)
1113.02 INTERPRETATION.
The provisions of these regulations shall be minimum requirements. Whenever the requirements set forth herein differ from the requirements of other lawfully adopted regulations or private deed restrictions, the more stringent requirement shall prevail.
(Ord. 5921/62. Passed 5-14-62.)
1113.03 SCOPE.
The regulations shall be applicable to all subdivisions of land as hereinafter set forth:
(a) The subdivision of all lands located within the corporate limits of the City;
(b) The subdivision of lands located in the unincorporated area within three miles of the corporate limits of the City, as set forth under the provisions of Ohio R.C. 711.09 et seq.
(When a subdivision lies within the three-mile jurisdiction of two or more Planning Commissions, that city whose corporate limits are nearest to the subdivision in question shall have jurisdiction over the subdivision.)
(Ord. 5921/62. Passed 5-14-62.)
1113.04 AMENDMENTS; NOTICE OF HEARING.
Council may amend, supplement or change these regulations in accordance with provisions as set forth in Ohio R.C. 711.001 et seq.
Notice shall be given of the time and place of all required public hearings by publication in at least one newspaper of general circulation in the City, at least thirty days prior to the holding of the hearing. The amendments shall be on file in the office of the Commission for public examination during such thirty days.
(Ord. 5921/62. Passed 5-14-62.)
1113.05 VARIANCES.
A variance, or exception, to these regulations may be authorized by the Planning Commission in specific cases when, in the opinion of the Commission, undue hardship may result from strict compliance thereto. Any such determination shall be based fundamentally on the fact that unusual topography or other exceptional conditions require such variance or modification, and that the granting of the variance will not adversely affect the general public or nullify the intent of these regulations.
Further, that upon the granting of a variance to a property owner, and/or his agent that appropriate action be taken within eighteen months of the passage of the variance or such variance shall become null and void.
(Ord. 9357/83. Passed 9-14-83.)
1113.06 SEPARABILITY.
If for any reason a clause, sentence, paragraph, section or other part of these regulations should be decided by a court of competent jurisdiction to be invalid, such judgment shall not affect the validity of these regulations as a whole, or any part thereof other than the part so held invalid.
(Ord. 5921/62. Passed 5-14-62.)
1113.07 DIVISION OF LAND; EXCEPTIONS.
The division of any lands into parcels for the purpose of transfer of ownership shall be subject to the review of the Planning Commission to assure that such division is not in conflict with local zoning requirements, public health regulations, the Comprehensive Plan and the codes and ordinances of the City, provided that land divided in the following manner shall not be subject to the full provisions of these regulations:
(a) The partitioning or division of land into parcels containing five or more acres and not involving any new streets or easements for access;
(b) The partitioning or division of land into five lots or less;
(c) The sale or exchange of parcels between adjoining lot owners, where such sale or exchange does not create additional building sites as defined, or reduce the original tract below the minimum requirements of zoning or these regulations;
(d) The establishment of private streets servicing industrial structures on their own property if there is no division of land involved.
No plat will be required for the division or partitioning of a parcel of land under any of the above conditions if the Planning Commission is satisfied that such proposed division is not contrary to applicable platting, subdividing or zoning regulations. If the Planning Commission's approval is indicated on any conveyance or the conveyances of the property by stamping or writing thereon the words "no plat required, " such conveyance can then be recorded without any plat being filed with the County Recorder.
(Ord. 5921/62. Passed 5-14-62.)
1115.01 RESPONSIBILITY OF DIRECTOR OF ENGINEERING, PLANNING AND BUILDING.
The Director of Engineering, Planning and Building is responsible for the design, inspection and enforcement of all paving, storm drainage, sanitary sewers, works and other improvements as set forth in the following specifications and regulations.
(Ord. 10666/94. Passed 5-11-94.)
1115.02 WHEN OWNERS MAY PETITION FOR IMPROVEMENT.
In the event a street has been dedicated but not accepted by the City for maintenance and no one individual, company, corporation or group owns sixty percent (60%) of the frontage, the various owners may petition the City for the improvements, waiving all benefits of the statute limiting assessments to thirty-three and one-third percent (33 1/3%) of the actual value of the property to be assessed.
(Ord. 10666/94. Passed 5-11-94.)
1115.03 APPROVAL REQUIRED; RECORDING.
The developer shall have the approval of the Planning Commission before the recording of any plat.
All streets, plats, subdivision of lots and public ways submitted to the Planning Commission shall be accompanied by a certified statement or abstract of title to date, which shall show the same to be clear and free from all encumbrances, approved by the Law Director, before the Planning Commission shall approve the same. The developer shall pay the City for all expenses incurred and all services rendered by the Director of Engineering, Planning and Building in surveying the land, the plat of which the developer is seeking to have approved by the Planning Commission.
The plat or subdivision shall be duly recorded in the Trumbull County Record of Plats before the improvement plans will be approved by the Director of Engineering, Planning and Building.
(Ord. 10666/94. Passed 5-11-94.)
1115.04 ACCEPTANCE OF DEDICATED AREAS.
In the unincorporated area of jurisdiction of the Planning Commission, the County Commissioners of Trumbull County shall give official acceptance of dedicated areas after final approval of the subdivision has been granted by the Trumbull County Regional Planning Commission and the Planning Commission.
(Ord. 10666/94. Passed 5-11-94.)
1115.05 APPROVAL OF SUBDIVISION UNDER FIVE LOTS.
The Planning Commission delegates to the secretary of the Commission the authority vested in the Commission to approve, for and in behalf of the Commission, subdivisions of not to exceed five lots, providing that the secretary complies at all times with the provisions of Ohio R.C. 711.131.
(Ord. 10666/94. Passed 5-11-94.)
1115.06 FEES.
(a) The Planning Commission is authorized to make a charge for examining and checking plats and replats submitted for its approval. Such charge shall be in the amount of twenty-five dollars ($25.00).
(b) The developer shall pay a fee to the Planning Commission at the time of application for subdivision plat review and processing. This review and processing fee shall be in addition to the fees required by the City Engineering, Planning and Building Director for inspection of any improvements installed by the developer.
The fee for subdivision plat and review and processing shall be based on the number of lots within the proposed subdivision and shall be computed as follows:
(1) Fee shall be twenty dollars ($20.00) for the first lot and eight dollars ($8.00) for each additional lot.
(2) Fee for approval of transfers or division of land not required a plat shall be ten dollars ($10.00).
(c) The money received shall be deposited with the secretary of the Planning Commission at the time the plat or replat is presented for approval. All moneys received by him shall be paid into the City Treasury.
(Ord. 10666/94. Passed 5-11-94.)
1115.07 FEE EXEMPTIONS.
The following types of plats shall be exempt from the payment of fees:
(a) Public land plats by any department within the City or by any political subdivision or department located within the three-mile jurisdiction of the unincorporated areas surrounding the City;
(b) School land plats submitted by all boards of education;
(c) Plats filed for the purpose of dedication of land to the City or to any political subdivision within Trumbull County located within the three-mile jurisdiction of the City in the unincorporated area;
(d) Plats submitted for correction of errors in recorded plats.
(Ord. 10666/94. Passed 5-11-94.)
1115.08 CONSTRUCTION PLAN APPROVAL.
The developer of any road, street or alley, storm or sanitary sewer or sidewalk shall submit to the Director of Engineering, Planning and Building, for his or her approval, a set of construction plans, prepared by a registered engineer, for the improvement of such road, street, alley, sidewalk or sewer. A reasonable amount of time shall be allowed for a review of the plans prior to the beginning of construction.
The construction plans shall include title of the plan, typical sections, plan and profile view and miscellaneous engineering details. Cross sections shall be submitted upon request by the Director of Engineering, Planning and Building.
When the developer submits for approval a construction plan for street improvements for a part of a proposed subdivision area, preliminary street grades and proposed drainage facilities for the entire subdivision area shall also be presented.
All materials and construction procedures shall be in accordance with the City specifications and standards and the current "Construction and Material Specifications" of the State of Ohio, Department of Transportation, wherever they apply, unless otherwise approved in advance by the Director of Engineering, Planning and Building or his representative.
(Ord. 10666/94. Passed 5-11-94.)
1115.09 CONSTRUCTION PLAN DRAWINGS.
The construction drawings shall be made with India ink or some other equally substantial and distinct material from which clear and legible prints may be obtained. Freehand linear drawings shall not be attempted, nor should other principles of good surveying, engineering or draftsmanship be offended. The sheets upon which the construction drawings are made shall measure twenty-four inches by thirty-six inches. A poorly drawn or illegible plan is sufficient cause for rejection.
(a) Title of Plan. The title of plan shall contain the name of the subdivision and road or street names. Space shall be provided on the title sheet or the first sheet of the plan for approval by the proper authorities.
(b) Typical Sections. The typical sections shall meet the current requirements as set forth by the Director of Engineering, Planning and Building. The Director may require that any typical section within the City that may be contiguous to an existing section within the corporate limits of the City be of the same type and design as that already in existence. Curb or curb and gutter may be required as part of any street construction if, in the opinion of the Director, such type of construction is deemed desirable.
(c) Plan and Profile. The plan view shall be drawn to a scale of one inch equals fifty feet or one inch equals forty feet. The plan view shall show the proposed road, street or alley alignment, right-of-way and pavement widths, centerlines, bearings, stationing curve or radius data, existing and proposed drainage. Any other significant feature or factor shall also be shown on the plans. The centerline of the road, street or alley construction shall coincide with the centerline of the right of way. Any changes from same shall be at the discretion of the Director or his representative.
A profile view shall be presented of all proposed centerlines when deemed necessary by the Director. Such profiles shall be on a horizontal scale of one inch equals fifty feet or one inch equals forty feet and a vertical scale of one inch equals five feet or one inch equals four feet. When establishing road, street or alley gradients, fullest consideration shall be given to the abutting property.
(Ord. 10666/94. Passed 5-11-94.)
1115.10 FLOOD PLAIN RESTRICTIONS.
As a safety measure for the protection of the health and welfare of the people of the City, the Planning Commission shall not approve any subdivision located in areas subject to periodic floods. If the subdivision is located in such an area or an area having any other physical impairment, the Commission may approve the subdivision provided the developer agrees to perform such improvements as will render the area substantially safe for residential use, and further provided that in lieu of the improvements the developer shall furnish a surety bond or a certified check covering the cost of the required improvements.
(Ord. 10666/94. Passed 5-11-94.)
1115.11 MINIMUM REQUIREMENTS.
Each developer shall be required to provide, install and meet the following minimum requirements for each street, public way or alley:
(a) Sewer. A sanitary sewer of not less than eight inches in diameter, and of greater size if conditions indicate that an extension will be necessary together with all necessary manholes and appurtenances. Sanitary sewers shall be placed in the center of the street as near as possible and the trench backfilled with gravel, slag or limestone as approved by the Director of Engineering, Planning and Building. All backfill shall be tamped with a mechanical tamper in layers as directed by the Engineer. The type and manner of backfill shall apply to any portion of mains or laterals that is within the right of way of the street or alley. A special permit setting forth any additional requirements not covered by this chapter or the general specifications of the City, and prepared by the Director of Engineering, Planning and Building, shall be signed by the Director of Service and Safety, the developer and the registered licensed sewer building.
(b) Water Main. A water main of not less than six inches in diameter with all necessary valves, hydrants at 500-foot intervals and appurtenances, of a design and material approved by the Director of Public Service and Safety and the Superintendent of the Water Department. The backfill of that portion of the trench which will be under the pavement, curb or sidewalk shall be of gravel, slag or limestone, and mechanically tamped in layers as directed by the Director of Engineering, Planning and Building.
(c) Minimum Pavement Requirements.
(1) One-inch asphaltic concrete surface course on a two-inch asphaltic concrete base course on an eight-inch compacted subbase utilizing materials approved by the Director of Engineering, Planning and Building and in accordance with specifications of the Engineering, Planning and Building Department.
(2) Storm sewers of adequate size shall be installed where necessary and connected to the nearest outlet approved by the Director of Engineering, Planning and Building. Concrete curbs shall be placed with an approved four-inch sewer pipe curb drain, including porous backfill. The curb drain is to be placed at the location and depth specified by the Engineer and the drain connected to an inlet, catchbasin or manhole. The width of pavement shall not be less than twenty-five feet between curbs. Two holes for downspout drains shall be made in the curb for each lot and made according to City specifications.
(3) A concrete combined curb and gutter may be used, in which event the distance shall be twenty-six feet from back to back of curbs. The combined curb and gutter shall be thirty inches in width and have a minimum thickness of eight inches. Approved sewer pipe curb drain shall be placed in the location and at the depth specified by the Director of Engineering, Planning and Building.
(4) The subgrade upon which the pavement is to be placed is to be well graded, rolled, firm and unyielding and free of spongy or springy spots, in accordance with specifications of the Engineering, Planning and Building Department.
(d) Sidewalks. A five-foot wide concrete, brick or stone walk along each side of the street shall be in accordance with the City specifications. Crosswalks at street intersections shall extend to the pavement and be in accordance with the Americans with Disabilities Act.
(e) Engineer's Approval. All plans of streets, sanitary sewers, storm sewers and walks are to have the approval of the Director of Engineering, Planning and Building and shall have been prepared by a civil engineer, licensed in the State; such plans shall bear the seal of the Engineer. All stakes set for the improvements shall be by someone qualified to do so.
(f) Construction Surety Bond. Before starting work on any improvements, the developer, or the developer and contractor together, shall furnish a construction surety bond to the City for the full estimated cost of water lines, sanitary sewers, storm sewers, pavement and sidewalks, assuring and guaranteeing the City that all work will be in conformity with the specifications and standards of the City and of the approved plans, and that all improvements will be completed within two years from the date of such bonds. The bonds shall be subject to the approval of the Director of Law.
Separate bonds may be furnished for water lines, sanitary sewers, storm sewers, paving and sidewalks.
The Director of Engineering, Planning and Building is authorized to release the construction surety bonds as soon as the work covered by the surety bond has been completed to his satisfaction, and the maintenance bond has been furnished as is required in subsection (g) hereof.
(g) Maintenance Surety Bond. Before the releasing of construction bonds, as outlined in subsection (f) hereof, a maintenance surety bond equal to twenty-five percent (25%) of the estimated cost of the improvement shall be furnished; the bond shall run for a period of two years from the date of the construction surety bond release. The maintenance bond may be furnished separately on water lines, sanitary sewer, storm sewer and paving, including curbs and sidewalks. The maintenance bond shall be subject to the approval of the Law Director.
(h) Materials and Work. All materials and work shall conform to the requirements of the City and of the state specifications where they apply.
(i) Sanitary and Storm Sewers. All sanitary and storm sewers shall be installed in accordance with all applicable regulations and permits of the United States Environmental Protection Agency and Ohio Environmental Protection Agency and by a registered sewer builder, who shall be present when the sewers are being installed or have a representative in charge, vested with the authority to proceed as directed by the Director of Engineering, Planning and Building or his representative.
(Ord. 10666/94. Passed 5-11-94.)
1115.12 COMPLIANCE REQUIRED; EXCEPTION FOR SURETY BONDS.
No lots shall be sold or leased in any subdivision or on any street or on any street in any plat or any improvement, and no building permits shall be issued for the improvement of any lot before the minimum requirements as set forth in Section 1115.11
have been met and installed. When construction surety bonds are provided to the City for the full estimated cost of water lines, sanitary sewers, storm sewers, pavements and sidewalks, as provided in Section 1115.11
(f), then the construction surety bond shall be accepted in lieu of the requirements set forth in this section, and lots may be sold and leased and building permits issued.
(Ord. 10666/94. Passed 5-11-94.)
1115.13 INSPECTION AND APPROVAL OF WORK; DEVELOPER TO PAY COSTS.
The character and the manner in which the work is performed on the improvements, together with the materials used, shall be subject to the approval and satisfaction of the Director of Engineering, Planning and Building and the Director of Public Service and Safety. If, in the opinion of the Director of Engineering, Planning and Building, the proper inspection of the work shall require the services of one or more City inspectors, the developer making the improvements shall reimburse the City for the salary of the inspectors for the period employed, at the same rate paid by the City as provided by ordinance for the payment of such services in the Engineering, Planning and Building Department.
(Ord. 10666/94. Passed 5-11-94.)
1115.14 ADDITIONAL IMPROVEMENTS.
Council may, by resolution or ordinance, require additional improvements, other than those enumerated herein.
(Ord. 10666/94. Passed 5-11-94.)
1115.15 SUBCONTRACTORS SUBJECT TO CITY STANDARDS.
Any developer and/or contractor or subcontractor hired by the developer or contractor shall be required to produce work according to the approved plans, specifications and standards of the City and shall stop work when ordered to do so by the Director of Engineering, Planning and Building. The failure to do so shall be deemed a violation of this chapter.
(Ord. 10666/94. Passed 5-11-94.)
1115.99 PENALTY.
Whoever violates any provision of this chapter shall be punished by a fine of not more than five hundred dollars ($500.00) for the first offense. The second and each succeeding offense shall be punishable by a fine of not more than five hundred dollars ($500.00), or imprisonment for six months, or both. Each day that any violation of any provision of this chapter continues shall constitute a separate offense.
(Ord. 10666/94. Passed 5-11-94.)
1117.01 SUBMISSION TO PLANNING COMMISSION.
Developers shall prepare and submit to the Planning Commission five legible copies of a preliminary or tentative plat for any proposed subdivision of land within the Commission's jurisdiction. The City Engineer shall review the proposal for the Commission to determine if the plat conforms to the regulations contained herein.
(Ord. 5921/62. Passed 5-14-62.)
1117.02 TENTATIVE APPROVAL AND DISAPPROVAL.
Upon receiving the recommendations of the City Engineer on a proposed subdivision, the Planning Commission shall approve or disapprove the proposal. The chairman of the Planning Commission shall show the action of the Commission in regard to approval or disapproval on the preliminary plat as submitted, and will inform the developer and other public agencies involved of the Commission's action on the proposed plat. In the case of disapproval, the reason for the disapproval shall be clearly indicated on the plat.
The Planning Commission's approval of a preliminary plat for a proposed subdivision is only preliminary or tentative in nature and shall become void if the final plat for the proposed subdivision is not submitted for approval within one year after preliminary approval has been granted. In the subdivision of a large tract of land, the developer may obtain final approval for a portion of the plat, and the Planning Commission, upon written request, may grant an extension of time for the submission of the remainder of the subdivision for approval, providing no changes are made in the plat for the remaining portion.
(Ord. 5921/62. Passed 5-14-62.)
1117.03 PLAT REQUIREMENTS.
Prints of a preliminary plat should be prepared and submitted from an original tracing at a minimum size of eighteen inches by twenty-four inches. In the event a larger size print is required, the preliminary plat may be submitted on prints enlarged by multiples of six inches in each direction. The preliminary plat shall show the following:
(a) Proposed name of the subdivision, which shall not duplicate the name of any other subdivision in the locality;
(b) Location by section, municipality, township, county and state;
(c) Name and address of developer and the engineer;
(d) Scale at a minimum of one inch equals one hundred feet;
(e) Date;
(f) North point;
(g) Boundaries of the proposed subdivision indicated by heavy solid line and acreage contained therein;
(h) Location, widths and names of all existing or platted streets;
(i) Existing railroads and utilities, rights of way, easements, parks and other public spaces, permanent buildings, section and corporation lines;
(j) Preliminary layout of proposed streets, including names and widths, and the width of alleys or easements;
(k) Layout, numbers and dimension of lots;
(l) Parcels of land to be dedicated or reserved for public use;
(m) Building setback lines;
(n) A typewritten copy of the proposed covenants and restrictions;
(o) A vicinity map at a scale of not more than one inch equals 1,000 feet, showing the related position of the proposed plat to the surrounding territory.
(Ord. 5921/62. Passed 5-14-62.)
1119.01 SUBMISSION TO PLANNING COMMISSION.
The developer shall submit four copies of a proposed final plat of a subdivision to the Planning Commission for approval. The final plat shall be reviewed by the City Engineer to determine if the plat is in compliance with all subdivision standards, design requirements and specifications. His recommendations or comments shall then be forwarded to the Planning Commission for its consideration.
(Ord. 5921/62. Passed 5-14-62.)
1119.02 FINAL APPROVAL OR DISAPPROVAL; FILING REQUIRED.
When a statement of compliance has been received from the public agencies involved, the Planning Commission shall consider the final plat. The Commission shall approve or disapprove the final plat within thirty days. In the event the final plat is disapproved, the developer will be informed by letter stating the reasons for disapproval. The approval shall be indicated on the final plat by the signature of the secretary of the Planning Commission.
The final approval of a plat by the Planning Commission shall be null and void unless the plat is placed on file for recording within thirty days of approval by the developer.
(Ord. 5921/62. Passed 5-14-62.)
1119.03 PLAT REQUIREMENTS.
The final plat shall be submitted to the Planning Commission in India (permanent) ink on tracing cloth eighteen inches by twenty-four inches or, if a larger size is required, it shall be increased by multiples of six inches in each direction.
The final plat shall show:
(a) Name of subdivision;
(b) Location by section, municipality, township, county and state;
(c) North point, scale of plan (not less than one inch equals one hundred feet);
(d) Plat boundaries;
(e) Exact width and location of all streets and alleys within and adjoining the plat;
(f) Names of proposed streets;
(g) Lengths of all arcs, radii, internal angles, points of curvature and tangent bearings;
(h) Easements for rights of way provided for public services or utilities;
(i) Lot numbers and lines with accurate dimensions in feet and hundredths and with bearings or angles to street and alley lines;
(j) Accurate locations and materials of monuments;
(k) Building setback lines;
(l) Certification by a registered civil engineer or surveyor to the effect that the plan represents a survey made by him and that all the monuments shown thereon actually exist and that their location and material are correctly shown;
(m) Acknowledgment by the owner of his adoption of the plat and dedication of other streets and any other public areas;
(n) Space for statements of approval.
(Ord. 5921/62. Passed 5-14-62.)
1119.04 REPLATS.
If a replat of a subdivision is made, the procedures outlined herein for making a new plat shall apply.
(Ord. 5921/62. Passed 5-14-62.)
1119.05 VACATING OF DEDICATED STREETS.
The provisions as set forth in the Ohio Revised Code shall govern in obtaining the vacation of a dedicated street.
(Ord. 5921/62. Passed 5-14-62.)
1119.06 FORMS TO B E USED.
The following forms shall be used on the final plat of a subdivision:
(a) OWNER'S CERTIFICATE
(I/We) being the sole (owner/owners) of the land herein platted do hereby approve of the plat as shown and do hereby dedicate to the public all roads, parks, planting strips, easements, etc., shown herein and not heretofore dedicated. The undersigned further agrees that any use or improvement made on this land shall be in conformity with all existing valid zoning, platting, health or other lawful rules and regulations including the applicable off-street parking and loading requirements of the City of Warren, Ohio. In witness thereof have hereunto set their hands this day of , 19 . Witness: Signed: State of Ohio ) County of Trumbull ) Before me, a Notary Public in and for said County personally came who acknowledged the signing of the foregoing instrument to be their voluntary act and deed for the uses and purposes therein expressed. In witness whereof I have set my hand and affixed by official seal this day of , 19 . Notary Public |
(b) OTHER CERTIFICATES
I hereby certify that the above plat and the survey it represents is correct to the best of my knowledge and belief. Monuments and iron pins as indicated. Distances are in feet and decimals thereof. Registered Surveyor Approved by the Planning Commission of Warren, Ohio, this day of , 19 . Secretary Approved by the City Engineer of Warren, Ohio, this day of , 19 . City Engineer Entered for transfer this day of , 19 . County Auditor Received for record at (A.M./P.M.) o'clock this day of , 19 . County Recorder (For subdivision of land in the unincorporated areas within the three-mile jurisdiction of the Planning Commission, see "Land Subdivision Regulations" for Trumbull County for typical certificates and approvals and standard forms of these regulations.) (Ord. 5921/62. Passed 5-14-62.) |
1121.01 CONFORMITY TO THOROUGHFARE PLAN.
Streets in a subdivision shall conform to the Thoroughfare Plan adopted by the Planning Commission. If a subdivision includes any part of a street indicated as a thoroughfare on the Thoroughfare Plan, such part of such street shall be dedicated by the developer.
(Ord. 5921/62. Passed 5-14-62.)
1121.02 CONTINUATION OF EXISTING STREETS.
Proposed streets shall provide for continuation or completion of any existing streets in adjoining property at equal or greater width and in similar alignment, unless variations are recommended by the Planning Commission.
(Ord. 5921/62. Passed 5-14-62.)
1121.03 ANGLE OF STREET INTERSECTIONS.
Street intersections shall be at right angles or as near thereto as possible, and not less than sixty degrees.
(Ord. 5921/62. Passed 5-14-62.)
1121.04 CUL-DE-SACS.
Cul-de-sacs shall not be used if they can be avoided in the opinion of the City Engineer. If cul-de-sacs are approved by the City Engineer, they shall not be longer than 600 feet, unless topography necessitates a greater length.
(Ord. 5921/62. Passed 5-14-62.)
1121.05 NAMING OF STREETS.
Street names shall be subject to the approval of the Planning Commission and shall not duplicate existing street names unless a street is an extension of an existing street, in which case it shall bear the same name.
(Ord. 5921/62. Passed 5-14-62.)
1121.06 HALF STREETS.
Half streets should be avoided. If a half street is in existence on an adjoining plat through platting or dedication, the other half shall be platted if deemed necessary by the Planning Commission.
(Ord. 5921/62. Passed 5-14-62.)
1121.07 ALLEYS.
Alleys will not be approved in residential districts. Alleys may be required in industrial and commercial areas. No dead-end alley shall be approved.
(Ord. 5921/62. Passed 5-14-62.)
1121.08 EASEMENTS FOR UTILITIES.
Easements for utilities shall be provided along rear or side lot lines or along alleys where deemed necessary by the Planning Commission.
(Ord. 5921/62. Passed 5-14-62.)
1121.09 STREET STANDARDS.
(a) Rights of Way, Business Streets. Where, in the opinion of the Planning Commission, a proposed street has a high potential of becoming a business street or secondary thoroughfare, the rights of way may be required to be greater than sixty feet. Sidewalks shall be installed.
(b) Rights of Way, Residential Streets. The minimum right-of-way width of any residential street shall be sixty feet. Exceptions to this minimum width may be granted by the Planning Commission and the City Engineer when such an exception is deemed necessary because of unusual topographic features, existing street widths or other unusual factors, and when such exception will not adversely affect the general public or nullify the intent of these regulations. For minimum construction requirements, see Typical Street Sections.
(c) Improvements on Development Side of Street. If a subdivision fronts on an existing street or highway, all required improvements shall be installed on the development side of the street.
(d) Paving Alleys. Alleys, where approved, shall be paved in accordance with the requirements of the Engineering Department.
(e) Width of Easements. Easements for the required utilities and improvements, where necessary, shall be not less than the width determined necessary by the City Engineer for the installation of the improvement of utilities concerned.
(f) Grades. Minimum grades on any street shall be 0.3 percent for the purpose of drainage. Maximum grades shall be as follows:
Percent | |
Major thoroughfares | 6 |
Secondary thoroughfares | 7 |
Residential streets | 10 |
Alleys | 10 |
(g) Vertical Curves. Major or secondary thoroughfares shall have a minimum sight distance of 500 feet measured between points five feet above the center line of the roadway. Minor streets shall have a minimum sight distance of 200 feet.
(h) Center Line Curvature. Minimum radii of curvature on the center line shall be at least 500 feet for major or secondary thoroughfares and shall be a minimum of one hundred feet for minor streets.
(i) Reverse Curves. Tangents between reverse curves shall be provided, not less than one hundred feet on major or secondary thoroughfares and not less than twenty-five feet for minor thoroughfares.
(j) Curbs at Intersecting Streets. Streets intersecting at right angles shall be rounded at the curb with a minimum radius of twenty-five feet. When streets intersect at other than right angles, the curbs shall be rounded with a curve of a radius acceptable to the City Engineer.
(Ord. 5921/62. Passed 5-14-62.)
(Ord. 5921/62. Passed 5-14-62.)
1121.10 BLOCK STANDARDS.
(a) Maximum Length. Blocks shall not exceed 1,600 feet in length.
(b) Lots to Abut on Street. Every lot shall abut on a street.
(c) Double Frontage Lots. Double frontage lots shall not be platted unless they cannot be avoided.
(d) Lot Size and Shape. The size, shape and orientation of lots shall be appropriate for the location and the type of development contemplated. Any lot platted for residential use shall be at least sixty feet in width, measured at the building line, and shall be of a depth sufficient to meet the zoning requirements for minimum lot areas.
(e) Angle of Lot Side Lines. The side lines of lots shall be approximately at right angles or radial to street lines.
(f) Setback Lines. The principal setback line on all lots shall be not less than thirty feet from the street line. On corner lots a fifteen-foot setback line shall be provided, along the side lot line abutting the street determined to be the side street, by the owner.
(Ord. 5921/62. Passed 5-14-62.)
1123.01 CONFORMITY TO CITY SPECIFICATIONS REQUIRED.
All improvements herein required shall be installed in accordance with the specifications of the City Engineer and/or other public agencies having jurisdiction over the required improvements, and in accordance with the provisions of Chapter 1115
of this Code.
(Ord. 5921/62. Passed 5-14-62.)
1123.02 WATER.
Each lot in a proposed subdivision must be provided with a water connection between the curb and the walk with access to public water if the subdivision is located within the corporate limits of the City. Working drawings shall be submitted to the Water Department and other appropriate departments for approval.
(Ord. 5921/62. Passed 5-14-62.)
1123.03 SEWERS.
(a) Sanitary Sewers. Each lot in a proposed subdivision which is located within the City shall be provided with a sanitary sewer connection and with access to a City sewer. The layout and installation of any such sewer system shall be approved by the City Engineer. Each connection to a sanitary sewer shall extend back of the curb line so that connections from each lot may be made without disturbing the street surfacing.
(b) Storm Sewers. If a storm sewer is reasonably accessible to a proposed subdivision, the developer shall connect with such storm drainage system and shall do such grading and provide such drainage structures as may be required by the City Engineer. If the subdivision is located in an area where a public storm water sewer is not available, the developer shall do such grading and provide such drainage structures as may be required by the City Engineer. Storm sewers may not empty into any sanitary sewer.
(Ord. 5921/62. Passed 5-14-62.)
1123.04 STREET TREES.
It is recommended that street trees be planted as a part of a subdivision development.
(Ord. 5921/62. Passed 5-14-62.)
1123.05 IRON PINS AT LOT CORNERS.
Iron pins at least three feet long and three-quarters of an inch in diameter shall be placed at all lot corners.
(Ord. 5921/62. Passed 5-14-62.)