Waterville City Zoning Code

TITLE ONE

Subdivision Regulations

1111.01 TITLE.

This Title one of Part Eleven - Planning and Zoning Code shall be known and may hereafter be referred to as the Subdivision Regulations of the City of Waterville or just the Subdivision Regulations.
(Ord. 385. Passed 9-6-61.)

1111.02 DEFINITIONS.

(a) "Alley" means a dedicated thoroughfare, not more than ten feet wide where required for pedestrian use exclusively and not less than twenty feet wide where required for vehicular use.

(b) "Council" means Council of the City of Waterville, Ohio.

(c) "Cul-de-sac (Court)" means a short street having one end open to traffic and being terminated by a vehicle turn-around.

(d) "Easement" means a grant by a property owner of the use of a strip of land by the public, a corporation or persons for specific purposes.

(e) "Improvements" means street pavements, with curb and gutter, sidewalks, crosswalkways, water mains, sanitary and storm sewers, street trees and other appropriate items.

(f) "Lot" means a portion of a subdivision or other parcel of land intended as a unit for transfer of ownership or for development.

(g) "Official Plan" means a plan or plans adopted by the Planning Commission of the City and deposited with the Clerk of Council, showing the plan of development of major streets, parks, schools, public grounds and similar facilities within the corporate limits of Waterville.

(h) "Planning Commission" means the Planning Commission of the City of Waterville, Ohio.

(i) "Plat" means a map of a tract or parcel of land showing an owner's or developer's subdivision plan which, in final form is intended for record or required by law to be recorded.

(j) "Street" means a right of way, dedicated to public use, which provides vehicular and pedestrian access to adjacent properties.

(k) "Street, primary" means a street or section line road of substantial continuity which serves or is intended to serve as a major trafficway within the Municipality, County or both and is designated in the Official Plan as a limited access highway, major thoroughfare, parkway or other equivalent term to identify those streets comprising the basic structure of the street plan.

(1) "Street, secondary" means a street or quarter section line road of considerable continuity which serves or is intended to serve as the principal trafficway between large and separated areas or districts and which is the main means of access to the primary street or road system.

(m) "Street, minor" means a street supplementary to a secondary street and of limited continuity which serves or is intended to serve the local needs of a neighborhood.

(n) "Street, half" means a street along the boundary of a subdivision the width of which is only one-half or less of the width of a street as required by these regulations.

(o) "Subdivision" means:

(1) 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 purposes, whether immediate or future, of transfer of ownership, or

(2) The improvement of one or more parcels of land for residential, commercial or industrial structures or groups of structures involving the division or allocation of land for the opening, widening or extension of any street or streets, except private streets serving industrial structures, or

(3) 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 a public sewer, water, storm drainage or other public facility.

The following transfers are not subdivisions:

(4) The division of land into parcels of five or more acres not involving any new streets or easements of access.

(5) The sale or exchange of parcels between adjoining lot owners, where such sale or exchange does not create additional building sites and does not result in a lot with less than the minimum requirements of the Zoning Code for such area.

(p) "Superblock" means a block of exceptionally large size in both dimensions, with

access to interior lots by cur-de-sacs branching in from surrounding streets and providing one or more open spaces.
(Ord. 385. Passed 9-6-61.)

1111.03 SEVERABILITY.

Should any section, clause or provision of these Subdivision Regulations be declared by the courts to be invalid, such ruling shall not affect the validity of these Subdivision Regulations as a whole or any part thereof, other than the section, clause or provision so declared to be invalid.
(Ord. 385. Passed 9-6-61.)

1111.04 AMENDMENT.

These Subdivision Regulations may be changed or amended from time to time by Council, provided that such changes or amendments prior to adoption shall be submitted to the Planning Commission for study and report and a public hearing shall be held thereon, public notice of which shall be given in a newspaper of general circulation in the City at least fifteen days prior to such hearing.
(Ord. 385. Passed 9-6-61.)

1111.05 JURISDICTION.

No person, being the agent or having control of land within the City, shall record a plat of the subdivision of such land unless such subdivision is made and a plat is prepared and approved in accordance with the standards, procedures and specifications of these Subdivision

Regulations.

(Ord. 385. Passed 9-6-61.)

1111.06 FEES FOR STAFF REVIEW OF PLANS.

(a) Each applicant who shall submit plans, either preliminary or final, for a proposed subdivision, development, construction project, and/or property use, shall pay the City of Waterville a fee as determined from time to time by Council for review of said plans by the staff and other appointed officials for compliance with the regulations of the Waterville Planning and Zoning Code and other applicable Municipal regulations.

(b) For the purpose of this section, “staff” shall be defined as those employees and officials who read and study plans for determining compliance with Municipal regulations. Said individuals may include, but are not limited to, the Municipal Administrator, Administrative Assistant(s), City Engineer, Fire Chief, Fire Inspector, Police Chief, Public Works Director, and any other individuals whose review may be deemed necessary by the Municipal Administrator.

(c) Failure of any applicant to assume and pay charges contemplated by this section shall be cause for the Municipality to refuse to accept the dedication of streets and ways and to refuse to issue zoning and occupancy permits.

(Ord. 38-05. Passed 10-24-05.)

1111.07 INSPECTION FEES.

(a) Each applicant involved in the development of land shall pay the City of Waterville a fee as determined from time to time by Council for control testing, checking, investigation, and inspecting all work during construction of all public improvements as required by law and the Waterville Planning and Zoning Code.

(b) Failure of any applicant to assume and pay charges contemplated by this section shall be cause for the Municipality to refuse to accept the dedication of streets and ways and to refuse to issue zoning and occupancy permits.

(Ord. 38-05. Passed 10-24-05.)

1111.99 PENALTY; EQUITABLE REMEDIES.

(a) Whoever violates or assists in violating any part of these Subdivision Regulations or fails to comply with an order issued pursuant hereto, shall be fined not less than ten dollars ($10.00) nor more than one thousand dollars ($1,000) for each offense. Each day a violation continues shall be considered a separate offense. Such sum may be recovered with costs in a civil action in the Court of Common Pleas of Lucas County, Ohio, brought by the legal representative of the City in the name of the City and for the use thereof.

(b) In addition to any other remedies available, the City may institute and maintain actions to enforce the requirements or abate violations of these Subdivision Regulations in regard to any subdivision as described in Section 1111.05, and therein seek, obtain and enforce any remedies legal or equitable to which it may be entitled.

(Ord. 385. Passed 9-6-61.)

1113.01 TYPE OF PROCEDURE USED.

Procedures are hereby established for proposing, designing and preparing plans for the subdivision and development of land and for reviewing and approving the same. For tnose subdivisions which do not involve improvements to public utilities, streets or other open public spaces, classified hereinafter as Minor Subdivisions, a short procedure is established to assure integration with the adjacent developments and compliance with Municipal codes. For those subdivisions which involve design of streets and other public facilities and the installation of improvements, a more extended procedure is established.
(Ord. 17-69. Passed 6-9-69.)

1113.02 SUBMISSION OF SKETCH PLAN.

Prior to subdividing or resubdividing land within the jurisdiction of these regulations, the developer shall submit two prints of a sketch plan of the proposed subdivision to the Municipal Administrator. The sketch shall be for the purpose of classification and preliminary discussion and it shall include the information and plans as specified in Section 1115.03. These provisions shall not be construed to require the preparation of a plan or plat, or filing for review the conveyance of property by the same description used in conveying the same property prior to May 1, 1969.
(Ord. 17-69. Passed 6-9-69.)

1113.03 MINOR SUBDIVISION DEFINED.

If a proposed subdivision of land:

(a) Adjoins an existing public street and does not involve the opening, widening, extension or improvement of any street or the installation of any municipal utility;

(b) Creates not more than five lots, after the original tract has been completely subdivided;

(c) The original tract or all adjoining tracts of the same ownership have been completely subdivided or would not be adversely affected by the proposed subdivision; and

(d) Complies with the Zoning Code and all other applicable ordinances or regulations of the City or other competent jurisdiction;

Then the proposed subdivision shall be classified as a Minor Subdivision.

(Ord. 4-74. Passed 1-28-74.)

1113.04 MINOR SUBDIVISION APPROVED.

(a) If a proposed subdivision, classified as minor, complies with the provisions of the subdivision regulations and if the sketch plan is satisfactory with a complete and accurate legal description and after written conditional or unconditional approval by the City Engineer first obtained stating that such subdivision complies with all of the requirements of all chapters of Title One - Subdivision Regulations of this Part Eleven-Planning and Zoning Code, it shall be approved by the Municipal Administrator with the approval being endorsed thereon.

(b) If it is determined that the proposed subdivision is not a minor subdivision as defined in this chapter, then it shall be submitted for approval as outlined in Chapter 1115 .

(Ord. 4-74. Passed 1-28-74.)

1113.05 MINOR SUBDIVISION RECORDED.

After approval of a sketch plan, the developer shall submit a deed or deeds by metes and bounds, or other adequate description, to the Municipal Administrator to be reviewed and, if found to conform to the sketch plan, the Municipal Administrator shall so certify on the deed or deeds, by affixing a stamp bearing the legend "Approved, City of Waterville, No Plat Required" and dating and signing such deed or deeds. Deeds so approved shall be filed with the County Recorder within 180 days after the approval has been certified as provided above.

(Ord. 17-69. Passed 6-9-69.)

1113.06 APPEALS.

The subdivider may appeal any withholding of approval or other action of the Municipal Administrator pursuant to the foregoing sections of this chapter to the Planning Commission within ten days after notification of the action has been received by such subdivider.

(Ord. 17-69. Passed 6-9-69.)

1113.07 FEES FOR STAFF REVIEW AND APPROVAL OF MINOR SUBDIVISIONS.

(a) Each applicant who shall submit a sketch plan and deed for a proposed subdivision, classified as minor, shall pay the City of Waterville a fee as determined from time to time by Council for review of said sketch plan and deed by the staff and other appointed officials for compliance with the regulations of the Waterville Planning and Zoning Code and other applicable Municipal regulations.

(c) Failure of any applicant to assume and pay charges contemplated by this section shall be cause for the Municipality to refuse to issue zoning and occupancy permits.

(Ord. 39-05. Passed 10-24-05.)

1114.01 PROVISIONS FOR PARKS OR OPEN SPACES.

Upon review of any proposed subdivision, the Planning Commission may determine which of the following options, individually or in combination, shall be required to best meet the needs of the City:

(a) Dedicate and install improvements to a minimum of five percent (5%) of the area of a subdivision as open space. The scope of such improvements shall be as required by the Planning Commission. Improvements may include, but are not limited to, landscaping, baseball, tennis, or playground layouts and similar park or open space activities.

(b) Deposit in escrow with the City a fee equivalent to the fair market value of five percent (5%) of the land in the subdivision immediately prior to its development, plus twenty-five dollars ($25.00) per living unit in the development. Such deposit shall be allocated for acquisition and improvement of open space and recreational lands and shall be expended for such by and at the discretion of the City. Fair market value with respect to this paragraph shall be determined as follows:

(1) A fair market value shall be determined by the Planning Commission, based upon current appraisals.

(2) If the subdivider rejects the amount of the evaluation, the subdivider may, at his or her expense, obtain an appraisal by a qualified real estate appraiser approved by the Planning Commission. The Commission may accept or reject this appraisal or may negotiate for a final value.

(3) If the Planning Commission rejects the owner's appraisal, then the subdivider shall refer the final determination of a fair market value to the Court of Common Pleas of Lucas County.
(Ord. 31-93. Passed 12-13-93.)

1114.02 DEDICATION OF LAND TO PUBLIC OWNERSHIP.

Where the subdivision contains a street, park, school, or other public area which is shown on the preliminary plat as intended for public ownership, all or part of such area shall either be dedicated to the City (or its designee), or it shall be reserved for acquisition thereby, within a specified period by a purchase or other means. An agreement shall be entered into by the subdivider and the City regarding the time and method of acquisition and the cost thereof, or an agreement shall be made by the appropriate public agency upon an alternate location that is satisfactory to the Planning Commission.

(Ord. 31-93. Passed 12-13-93.)

1114.03 PRESERVATION OF NATURAL AND HISTORIC RESOURCES.

In the deliberations of the subdivider and the Planning Commission to comply with the terms of this chapter, due regard shall be shown for the preservation of natural, historic, and/or cultural features, such as scenic spots, watercourses, historic sites, etc.

(Ord. 31-93. Passed 12-13-93.)

1114.04 IMPROVEMENTS REQUIRED PRIOR TO RECORDING.

In the event of exercise of the requirements of Section 1114.01 (a), improvements of the required parks and/or open space shall occur prior to the recording of any lot in the second fifty percent (50%) of the lots approved in the subdivision. Such improvements shall include completion of any street or road necessary to provide access to said parks or open space.

(Ord. 31-93. Passed 12-13-93.)

1115.01 CONFERENCE WITH MUNICIPAL ADMINISTRATOR AND PLANNING COMMISSION REQUIRED.

Each subdivider of land, together with the registered surveyor or registered professional engineer shall confer with the Municipal Administrator and the Planning Commission before preparing a preliminary subdivision plat, in order to become thoroughly familiar with the subdivision requirements, the Zoning Code and any comprehensive plans affecting the territory in which the proposed subdivision lies.

(Ord. 5-74. Passed 1-28-74.)

1115.02 SUBMISSION AND APPROVAL PROCEDURES.

(a) A preliminary plat shall be submitted for all subdivisions located within the jurisdiction described in Section 1111.05 which are intended or required to be recorded by means of a plat. The preliminary plat shall be based on a boundary survey prepared by a registered surveyor and shall contain all of the items listed in Section 1115.03.

If approval or consideration of the subdivision by the Federal Housing Administration has been, or is to be, requested by the subdivider, there shall be filed with the preliminary plat the development plan submitted to and approved by the Federal Housing Administrator or, if not so approved, the development plan proposed to be so submitted.

(b) Five copies of the preliminary plat shall be submitted to the Planning Commission.

(c) Prior to approval of the preliminary plat by the Planning Commission, the preliminary plat shall be submitted to the City Engineer for review to determine compliance with all chapters of Title One of this Planning and Zoning Code. The City Engineer shall give his approval in writing. If the City Engineer has any conditions of approval or recommendations, it must be in writing and accompany the approval of the preliminary plat. The approval and recommendations of the City Engineer are to be submitted by the City Engineer to the Planning Commission and the Municipal Administrator. The report of the City Engineer must be reviewed and taken into consideration prior to any final action on the matter. As soon as practicable after filing of the preliminary plat, the City Administrator shall be responsible to forward same to the City Engineer for his review. A report shall be made by the City Engineer within two weeks after receipt of same from the Municipal Administrator.

(1) Special Engineer. If the City Engineer is acting as engineer for the subdivider or owner, either directly or indirectly, then the Municipal Administrator, with the advice and consent of Council, shall select a Special Engineer to review the preliminary plat for and on behalf of the City. The subdivider shall pay that portion of the Special Engineer's cost which is in excess of the prevailing rate charged by the City Engineer.

(d) Unless necessary for an orderly and deliberate consideration of the preliminary plat, the Planning Commission shall approve or disapprove the preliminary plat within thirty days after receipt by the Planning Commission of the report by the City Engineer.

(e) One print with the signatures of the Secretary of the Planning Commission and the Municipal Administrator shall be returned to the applicant when the preliminary plat is approved by Council. Conditional approval, subject to changes marked on the print, may be granted by the Planning Commission or Council.

(f) Approval of the preliminary plat by the Planning Commission and Council shall constitute authority for the subdivider to proceed with the preparation of the final plat and with the installation of streets, utilities and other improvements according to the standards established by these Subdivision Regulations.

(g) Approval of the preliminary plat shall be effective for a maximum period of thirty-six months unless, upon application of the subdivider, the Planning Commission and Council grant an extension. If the final plat has not been approved and recorded within this time limit, the preliminary plat must again be submitted to the Planning Commission and Council for approval.
(Ord. 5-74. Passed 1-28-74; Ord. 25-13. Passed 9-23-13.)

1115.03 CONTENTS.

The Preliminary Plat shall be comprised of the following:

(a) Identification and Description.

(1) Proposed name of the subdivision.

(2) Location by township, section, town and range, or by other legal description.

(3) Names and addresses of developer and surveyor who made the plat.

(4) Scale of plat shall be one inch equals 100 feet.

(5) Date.

(6) North point.

(Ord. 385. Passed 9-6-61.)

(b) Delineation of Existing Conditions.

(1) Boundary line of proposed subdivision indicated by solid heavy line and the total approximate acreage encompassed thereby.

(2) Location, widths and names of all existing or prior platted streets or other public ways, railroad and utility rights of way, parks, other public open spaces, permanent buildings and structures, and section and corporation lines, within or adjacent to the tract.

(3) Existing sewers, water mains, culverts or other underground facilities within the tract, Indicating pipe size, grades and location, as obtained from public records.

(4) Existing zoning of proposed subdivision and adjacent tracts, in zoned areas.

(5) The names and adjacent boundaries of all adjoining subdivisions and the names of recorded owners of adjoining parcels of unsubdivided land.

(6) Contours at one-foot intervals, as obtained from a topographical survey.

(Ord. 5-74. Passed 1-28-74.)

(1) Layout of streets, their names and widths and also the widths of alleys, crosswalkways and easements.

(2) Layout, numbers and dimensions of lots.

(3) Parcels of land intended to be dedicated or temporarily reserved for public use or set aside for use of property owners in the subdivision.

(4) Building setback lines, showing dimensions.

(5) Sketch plans or written statements regarding the grades and typical cross sections of proposed streets, the facilities for storm water drainage and any other proposed improvements within the subdivision.

(d) A Key Map. The key map shall consist of a print of the appropriate tax map or its equivalent at a scale of not less than one inch equals 400 feet, with the boundaries of the proposed subdivision indicated thereon, and covering the area within a half mile radius thereof.

(Ord. 385. Passed 9-6-61.)

1115.04 FEES FOR STAFF REVIEW AND APPROVAL OF MINOR SUBDIVISIONS.

(a) Each applicant who shall submit a preliminary plat for a proposed subdivision, shall pay the City of Waterville a fee as determined from time to time by Council for review of said preliminary plat by the staff and other appointed officials for compliance with the regulations of the Waterville Planning and Zoning Code and other applicable Municipal regulations.

(c) Failure of any applicant to assume and pay charges contemplated by this section shall be cause for the Municipality to refuse to accept improvement plans and final plats for the property for review and approval.

(Ord. 40-05. Passed 10-24-05.)

1117.01 SUBMISSION PROCEDURE.

(a) The final plat on tracing cloth, twenty inches by thirty inches in size, shall be

prepared subsequent to the approval of a preliminary plat. Such final plat shall be required for

all subdivisions located within the jurisdiction described In Section 1111.05 which are intended or required to be recorded by means of a plat.

(b) The final plat shall be prepared by a registered surveyor and shall contain all of the items listed in Section 1117.04.

(c) The final plat and six copies thereof shall be submitted to the Planning Commission and Council.
(Ord. 385. Passed 9-6-61.)

1117.02 APPROVAL PROCEDURE; FEES AND BONDS.

(a) (1) Each applicant who shall submit a final plat for a proposed subdivision, shall pay the City of Waterville a fee as determined from time to time by Council for review of said final plat by the staff and other appointed officials for compliance with the regulations of the Waterville Planning and Zoning Code and other applicable Municipal regulations.

(2) For the purpose of this section, “staff” shall be defined as those employees and officials who read and study plans for determining compliance with Municipal regulations. Said individuals may include, but are not limited to, the Municipal Administrator, Administrative Assistant(s), City Engineer, Fire Chief, Fire Inspector, Police Chief, Public Works Director, and any other individuals whose review may be deemed necessary by the Municipal Administrator.

(3) Failure of any applicant to assume and pay charges contemplated by this section shall be cause for the Municipality to refuse to issue zoning and occupancy permits.
(Ord. 41-05. Passed 10-24-05.)

(b) Performance Guarantees in Lieu of Prior Installation. All improvements such as streets, utilities, monuments and other facilities required under the standards of Chapter 1119 shall have been completed to the satisfaction of Council before submission of the final plat for approval. In those cases in which Council specifically concludes that the public interest can best be served by permitting the improvements to be constructed subsequent to approval of the final plat, the subdivider shall have filed with the Municipal Administrator financial guarantees

sufficient to pay the total cost of constructing such improvements.

(1) Form of guarantees. The developer may, at the option of Council, execute and file with the City financial guarantees in lieu of actual installation or completion of the required site improvements and such guarantees may be one or a combination of the following as determined by Council: a performance or surety bond; a cash deposit pursuant to escrow agreement; a certified check; or negotiable bonds.

(2) Surety bonds. Bonds shall be executed by the applicant as principal with a surety company authorized in the State and in which the principal has no pecuniary interests either direct or indirect. The term and form of such bond shall be determined by Council and the Municipal Administrator with approval as to form of the Solicitor. The amount of such bond shall be determined by the City Engineer or consulting engineers employed by the City and shall be estimated in terms of the quantities called for or implied by the plans for the construction of the public improvements of the subdivision. The Engineer's and Solicitor's fees incurred by carrying out the conditions of this subparagraph shall be paid by the subdivider.

(3) Escrow. If the guarantee takes the form of a deposit of cash or other securities pursuant to an escrow agreement, the agreement shall be prepared by the Solicitor or approved as to form by him. The amount of such escrow deposit shall be determined by the City or a consulting engineer and shall be estimated in terms of the quantities called for or implied by the plans for the construction of the public improvements of the subdivision. The Engineer's and Solicitor's fees incurred by carrying out the conditions of this subparagraph shall be paid by the subdivider.

(Ord. 12-70. Passed 4-13-70.)

(4) Partial acceptance of the plat and completion bond or escrow agreement. When any portion of the improvement has, upon inspection, been found satisfactorily completed, a reduction in the bonds, or a partial withdrawal of funds equal to the estimated costs of such completed improvements, may be authorized, provided, however, that there shall be posted at the completion of the construction of the public improvements a maintenance bond or deposit pursuant to an escrow agreement executed by the developer under the conditions mentioned in subparagraph (3) hereof and in the amount of twenty-five percent (25%) of the estimated construction costs for such improvements. Such bond or escrow agreement shall provide indemnity to the City from any costs for maintenance of the improvements for two (2) years from the date of the bond or escrow agreement. (Ord. 01-13. Passed 2-11-13.)

(5) Failure to complete site improvements. In the event the developer fails to complete all improvements within two (2) years and according to the terms and conditions of these Subdivision Regulations and any conditions applied by Council to the construction plans, the City, upon proper notice, may complete the same and appropriate such portion of money or bonds posted for the faithful performance of such work.

(Ord. 02-16. Passed 2-22-16.)

(c) Council Certification. The Municipal Administrator shall have signed such final plat after approval by a majority vote of Council. The signature shall constitute a certification by Council that improvements have been made In a satisfactory manner or proper bonds Including a maintenance bond or escrowed funds provided. Such approval shall not constitute acceptance of the dedication of any streets, alleys, parks or other open grounds intended for dedication in the land being subdivided.
(Ord. 385. Passed 9-6-61.)

(d) Construction Plans. Construction plans for improvements to be installed shall be prepared by a qualified registered professional engineer and submitted in accordance with the specifications of these Subdivision Regulations and no improvements shall be installed until and unless such plans have been received and approved by the Municipal Administrator. Construction plans include, but are not limited to, the following data:

(1) The center line profile of each proposed street showing also the existing profile along such center line, together with tentative grades;

(2) The cross-section of each width street (If more than one width street will be used), showing the width of pavement, the location and width of sidewalks and the location and size of utility lines;

(3) The plans and profiles of proposed sanitary sewers and storm sewers, with grades and sizes indicated, or method of sewage or storm water disposal in lieu of sewers;

(4) A plan of the proposed water distribution system, showing pipe sizes and the location of valves and fire hydrants;

(5) A drainage plan showing all existing and proposed storm sewers, manholes, catchbasins, watercourses, culverts and other underground structures within the tract and immediately adjacent thereto, with the pipe sizes and grades and water openings indicated thereon. There shall be submitted a drainage plan for the lots showing the proposed elevation of the home at ground level and the sloping therefrom to proposed watercourses or sewers, and such other data as required by the Municipal Administrator.
(Ord. 17-69. Passed 6-9-69.)

(e) Conflict of Laws. Nothing in subsection (d) hereof shall be construed to eliminate the requirements of Section 1117.04 , provided, however, that in the event of a conflict between the provisions of subsection (d) hereof and the provisions of Section 1117.04 , the provisions of subsection (d) hereof shall control.

(Ord. 12-70. Passed 4-13-70.)

1117.03 RECORDING AND DEDICATION PROCEDURE.

No final plat shall be recorded until approved by the Planning Commission and signed by the Municipal Administrator after authorization by Council and by the Chairman or Secretary of the Planning Commission or until other requirements of State laws relating to subdivisions are complied with.

A tracing of the final plat, as recorded, of each subdivision located within the corporate limits of the City shall be returned to the Municipal Administrator.

Streets, alleys, parks or other open grounds intended for dedication as part of a subdivision within the City shall be accepted by the City only by means of an ordinance passed by Council describing such streets, alleys, parks or other open grounds, provided that all necessary improvements shall first have been made according to the standards of Section 1117.02 and to the satisfaction of Council.

(Ord. 385. Passed 9-6-61.)

1117.04 CONTENTS.

The final plat shall be comprised of the following:

(a) Identification and Description.

(1) Name of subdivision.

(2) Location by township, section, town and range, or by other legal description.

(3) Names of owners and surveyor.

(4) Scale of plat shall be one inch equals 100 feet, shown graphically.

(5) Date.

(6) North point.

(b) Delineation.

(1) Boundary of plat, based on an accurate traverse, with angular and lineal dimensions.

(2) Exact location, width and name of all streets within and adjoining the plat, and the exact location and widths of all alleys and crosswalkways. The name of a street shall not duplicate that of any existing street in the City or within the vicinity of the City. Proposed street names shall be checked with the proper City and County officials.

(3) True angles and distances to the nearest established lines or official monuments (not less than three) which shall be accurately described on the plat.

(4) Municipal, township, county or section lines accurately tied to the lines of the subdivision by distances and angles.

(5) Radii, internal angles, points of curvature, tangent bearings and lengths of all arcs.

(6) All easements for rights of way provided for public services or utilities.

(7) All lot numbers and lines, with accurate dimensions in feet and hundredths.

(8) Accurate location of all monuments and bench marks.

(9) Accurate outlines and legal descriptions of any areas to be dedicated or reserved for public use, with the purposes indicated thereon, and of any area to be reserved by deed covenant for common uses of all property owners.

(10) Building setback lines accurately shown with dimensions.

(1) Building restrictions, trusts or covenants affecting the development of the subdivision. If too lengthy, these may be included separately and incorporated into the final plat by reference.

(2) Certification by the registered surveyor to the effect that the plat represents a survey made by him and that monuments shown thereon exist as located and that all dimensional and geodetic details are correct.

(3) Notarized certification, by the owner or owners, of the adoption of the plat and the dedication of streets and other public areas.

(4) Signature blocks for the Municipal Administrator and an officer of the Planning Commission.

(5) A certificate that all taxes have been paid shall accompany the final plat.
(Ord. 385. Passed 9-6-61.)

1117.05 STREET TREE PLANTING; ESCRoW ACCOUNT. (REPEALED)

(EDITOR’S NOTE: Former Section 1117.05 was repealed by Ordinance 02-16.)

1119.01 CONFORMANCE TO STANDARDS.

All subdivisions submitted for review and approval or required by law, ordinance or regulation of the City to be approved by the Planning Commission and/or Council shall meet the standards of this chapter.

(Ord. 385. Passed 9-6-61.)

1119.02 STREETS.

(a) Streets shall conform to the Official Plan when and as adopted and shall be accessible to existing or proposed parks, schools or other open public grounds shown on the Official Plan.

(b) If a tentative or suggested plan or plat for the area has been made by the Planning Commission, the street layout shall be in general conformance thereto.

(c) Arrangement of streets in new subdivisions shall make provision for the continuation of the principal existing streets in adjoining areas (or their proper projection where adjoining land is not subdivided) insofar as they may be deemed necessary for public requirements.

(d) Streets that are obviously in alignment with others already existing and named shall bear the names of the existing streets.

(e) The street and alley arrangement shall be such as not to cause hardship to owners of adjoining property in platting such land and in providing for convenient access thereto, and shall further the development of a coherent neighborhood.

(f) Where railroads or undesirable conditions exist, provision of buffer strips or other protective treatment shall be required to the extent and of the type under the circumstances.

(g) Frontage on high volume trafficways shall be provided with parallel service streets or such other means of minimizing access as may be appropriate to the conditions.

(h) Residential streets shall be designed to discourage through traffic.

(i) The angle of intersection between minor streets and major streets shall not vary by more than ten degrees from a right angle. All other streets shall intersect each other as near to a right angle as possible and no intersection of streets at angles of less than sixty degrees shall be permitted.

(j) Dedication of half-streets shall not be accepted unless exceptional circumstances are found by the Planning Commission and Council to justify the same. Where there exists a dedicated or platted half-street or alley adjacent to the tract being subdivided, the other half shall be platted if deemed necessary by the Planning Commission or Council.

(k) The width of streets in new subdivisions shall be not less than the minimum widths established herein.

(Ord. 385. Passed 9-6-61.)

1119.03 ALLEYS.

(a) Alleys shall not be used in residential subdivisions except when deemed necessary by the Planning Commission and Council to meet unusual conditions.

(b) Alleys are required in the rear of all commercial and industrial lots if no other provisions are made for adequate service access or for parking. The rights of way of such alleys shall not be less than twenty feet and dead-end alleys shall not be permitted.

(Ord. 385. Passed 9-6-61.)

1119.04 CUL-DE-SACS (COURTS).

The maximum length shall be 600 feet. The terminal shall be a circular area with a minimum right-of-way diameter of 100 feet, provided, however, that in unusual conditions the Planning Commission and Council may approve different arrangements.

(Ord. 385. Passed 9-6-61.)

1119.05 RIGHT-OF-WAY DIMENSIONS.

Required rights of way for streets, alleys and easements shall have the following minimum width:

(a) Primary streets 100 feet

(b) Secondary streets 80 feet

(d) Alleys 20 feet

(e) Easements (on each side of property line) 5 feet

* The 50-foot minimum shall be acceptable only for cul-de sacs, loop streets and short side streets which have no property frontage and with special permission of Council.
(Ord. 385. Passed 9-6-61.)

1119.06 BLOCKS.

(a) The maximum length of blocks shall generally be 1,320 feet. Those of over 900 feet may require a crosswalkway at approximately the center.

(b) Where all or part of a subdivision is adjacent to or in the vicinity of a primary or secondary street the greater dimension of blocks shall be generally parallel to the primary or secondary streets to avoid unnecessary ingress and egress.

(c) A single tier of lots facing the minor street shall be the preferred practice where the proposed minor street is parallel to a major street. In other cases, the width of blocks shall generally be sufficient to allow two tiers of lots.

(d) Irregularly shaped blocks (including super-blocks), indented by cul-de-sacs and containing interior spaces, shall be encouraged when properly designed and fitted to the over- all plan and when adequate provision for the maintenance of public areas is allowed for.

(e) Blocks intended for business and industrial use shall be designed specifically for such purposes with adequate space set aside for off-street parking and delivery facilities.

(Ord. 385. Passed 9-6-61.)

1119.07 LOTS.

The minimum dimensions and other characteristics of lots intended for residential use shall be as follows:

(a) When two rules apply to a subdivision or lot that rule shall govern which requires the greater lot size or lot dimension.

(b) When a subdivision is located within a zoning district of the City, the minimum area and dimensions of lots shall be no less than is required by the Zoning Code.

(c) A minimum lot size of 12,000 square feet shall be provided when public water is available but sanitary sewers are not provided.

(d) A minimum lot size of 20,000 square feet shall be provided when neither public water nor sanitary sewers are available.

(e) In no case shall a lot have a width at the building line of less than fifty feet or a lot area of less than 7,500 square feet and generally the depth-to-width ratio shall be a maximum of three to one.

(f) Corner lots intended for residential use shall have extra width sufficient for maintenance of building lines on both streets. The minimum width of such lots shall be seventy feet and the minimum building line from both streets shall be as required in the Zoning Code for such area, but the Planning Commission with the consent of Council may permit reduction of this distance along the side of a lot adjoining a minor street.

(g) All lots shall be designed to provide desirable building sites, properly related to topography, high water levels and surrounding streets, railroads, watercourses and land use. A larger lot size than set out in subsections (a) to (e) hereof, inclusive, may be required in particular cases in order to meet the desirable requirements for the subdivided area.

(h) Building lines shall be established on the plat but in no case shall the building line be closer to the street than twenty feet or some greater distance as required by the Zoning Code.
(Ord. 385. Passed 9-6-61.)

(i) All lots shall abut on a permanently reserved private place approved by the Planning Commission and Council or on a public street as the principal means of access to abutting property.

(Ord. 11-97. Passed 5-12-97.)

(j) Side lines of lots shall be approximately at right angles or radial to the street line.
(Ord. 385. Passed 9-6-61.)

1119.08 PUBLIC SPACES.

(a) Where the subdivision contains a street, park, school or other public area which is shown upon the Official Plan as intended for public ownership, all or part of such area shad either be dedicated to the proper public agency or it shall be reserved for acquisition thereby, within a specified period by purchase or other means and an agreement shall be entered into between the subdivider and the proper public agency regarding the time and method of acquisition and the cost thereof or an agreement shall be made by the appropriate public agency upon an alternate location that is satisfactory to the Planning Commission and Council.

(b) Due regard shall be shown for the preservation of outstanding natural and cultural features such as scenic spots, watercourses and historic sites.

(Ord. 385. Passed 9-6-61.)

1119.09 EASEMENTS FOR UTILITIES AND DRAINAGE.

(a) Whenever any stream or surface drainage course is located in an area that is being subdivided, the subdivider shall dedicate an adequate easement along each side thereof, for the purpose of widening, deepening, sloping, improving, protecting or maintaining the same for drainage, parkway or recreational use. The Official Plan shall be used as a guide for such dedication.

(b) Easements of at least five feet in width shall be provided at all rear lot lines and along side lot lines, where sideline easements are necessary for poles, wires, conduits, storm and sanitary sewers, gas, water or other conduits. Easements of greater width may be required along or across lots where necessary. A two-foot easement shall be required on one side of an alley to accommodate pole lines.

(Ord. 385. Passed 9-6-61.)

1119.10 IMPROVEMENTS FOR NEW SUBDIVISIONS.

(a) Monuments. All subdivision boundary corners and the four corners of all street intersections shall be definitely marked with permanent monuments. A permanent marker shall be deemed to be concrete six inches in diameter by thirty inches or six inches by six inches by thirty inches, with three-fourths of a foot iron pipe cast in the center. Should conditions prohibit the placing of monuments on line, off-set marking will be permitted, provided that exact off-set courses and distances are shown on the subdivision plat.

One such monument shall be placed at each change in direction of the boundary, and one such monument shall also be placed on one side of the street at the beginning and end of each curve.

(b) Bench Marks. A permanent bench mark shall be established in an accessible location. This may be a boundary monument if suitably marked and designated.

(c) Improvements. All streets and utilities shall be designed by a registered professional engineer. In making the improvements referred to in this section within the City, the subdivider shall comply with all applicable laws, ordinances and regulations, shall furnish all supervision, labor and materials and shall construct the same in accordance with specifications and rules and regulations established by Council and subject to inspection approved by Council at the expense of the subdivider. Such specifications shall be the same as those required of contractors doing work with the City.
(Ord. 385. Passed 9-6-61.)

(d) Streets. Roadway surfacing shall be at least twenty-eight feet in width, including curb, provided that cul-de-sac streets shall terminate in a paved turn-around with an inside minimum radius of twenty feet.

(e) Curbs. Curbs and gutters shall be constructed along all streets.

(Ord. 18-68. Passed 7-1-68.)

(f) Street Lights. Provision shall be made for installing street lights on all streets.

(Ord. 385. Passed 9-6-61.)

(g) Wires and Cables. In all new major subdivisions and where deemed practicable by the Municipal Administrator in new minor subdivisions, as defined in Section 1113.03 , and new line extensions not in subdivisions, all distribution wires and cables, including electrical distribution, street lighting and communications wires and cables shall be installed underground in accordance with standards and regulations promulgated by the Public Utilities Commission of Ohio and by the public utility supplying such service which are not inconsistent with those promulgated by the Commission.

(Ord. 32-71. Passed 11-22-71.)

(h) Water Supplies. Where an approved public water supply is within reasonable access of the subdivision, water facilities shall be installed in accordance with all applicable requirements of the City.

When a subdivision is located where no approved public water is reasonably accessible or procurable, the subdivider shall provide wells or a private water supply in such a manner that an adequate supply of potable water will be available to each lot in the subdivision.

(i) Sanitary Sewers. Where public sanitary sewers are within reasonable access of the subdivision, they shall be installed in accordance with all applicable requirements of the City.

Where sanitary sewers are not within a reasonable distance of the subdivision, the subdivider shall install a sanitary sewer system and treatment plant acceptable to Council. Such treatment plant shall not be acceptable unless and until lot restrictions are placed on record whereby each lot owner consents to the assessment of such lot for the cost of maintenance, repair and replacement thereof and such covenants run with the land.

(j) Storm Drainage. All necessary facilities, including underground pipes, inlets, catch basins and appurtenances shall be installed to provide for the adequate disposal of surface water and to maintain any natural drainage course.

Existing drainage ditches located within a subdivision shall be realigned, widened, deepened, revetted, paved or replaced with an underground pipe as required for the adequate handling of storm run-off.

(Ord. 385. Passed 9-6-61.)

(k) Sidewalks. Concrete sidewalks having a minimum width of four feet and conforming to construction specifications of the City shall be constructed along both sides of primary, secondary and minor streets.

(Ord. 18-68. Passed 7-1-68.)

(l) Street Trees.

(1) Prior to approval of a Final Plat, the subdivider shall prepare a Street Tree Planting Plan for review and approval by the Tree Commission. The subdivider is encouraged to confer with the Tree Commission prior to the preparation of such plan.

(2) Street trees adjacent to any frontage of a subdivision lot, except those trees designated in the approved Street Tree Planting Plan as the responsibility of the subdivider, will be planted in accordance with the regulations specified in Planning and Zoning Code Section 1147.03(f).

(3) Prior to approval of a Final Plat, the subdivider shall pay a fee as determined from time to time by Council for each street tree designated in the approved Street Tree Planting Plan as the responsibility of the subdivider. The City will plant the trees contemplated by this section at an appropriate time considering weather conditions and nearby construction activities. (Ord. 03-16. Passed 2-22-16.)

1119.11 VARIANCES.

Whenever the tract to be subdivided is of such unusual size or shape, or is surrounded by such development or unusual conditions that the strict application of the requirements of these regulations would result in substantial hardship or injustice, such requirements may be varied or modified so that the subdivider may subdivide his property in a reasonable manner, provided that the public welfare and interest of the Municipality and the surrounding areas are thoroughly protected and the general intent and spirit of these Subdivision Regulations are enforced.