Zanesville City Zoning Code

TITLE NINE

Subdivision Regulations

1185.01 MEANING OF WORDS AND PHRASES.

For the purpose of these regulations certain terms are defined as follows:

(Ord. 64-47. Passed 4-27-64.)

1185.02 SUBDIVISION.

"Subdivision" means:

(a) The division of any parcel of land shown as a unit or as contiguous units on the last preceding Muskingum County Auditor's tax duplicate and/or exempt property records into two or more parcels, sites or lots, any one of which is less than five acres for the purpose, whether immediate or future, of transfer of ownership, provided, however, that the division or partition of land into parcels of more than five acres not involving any new streets or easements of access, and the sale or exchange of parcels between adjoining lot owners, where such sale or exchange does not create additional building sites, shall be exempted; or.

(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 for the opening, widening or extension of any street or streets, except private streets serving industrial structures, the division or allocation of land as open spaces for common use by owners, occupants or lease-holders or as easements for the extension and maintenance of public sewer, water, storm drainage or other public facilities.

(Ord. 64-47. Passed 4-27-64.)

1185.03 PLANNING COMMISSION.

"Planning Commission" means the City Planning Commission of the City of Zanesville, Muskingum County, Ohio. Where the word "City" is used, it refers to the City of Zanesville. The word "Secretary" refers to the Secretary of the Planning Commission.

(Ord. 64-47. Passed 4-27-64.)

1185.04 DIRECTOR OF PUBLIC SERVICE.

"Director of Public Service" means the Director of Public Service of the City of Zanesville, or his authorized representative, the former being head of the Department of Public Service.

(Ord. 64-47. Passed 4-27-64.)

1185.05 THOROUGHFARE PLAN.

"Thoroughfare Plan" means the official plan of highways, primary and secondary thoroughfares, and parkways adopted by the Planning Commission as part of the official Master Plan.

(Ord. 64-47. Passed 4-27-64.)

1185.06 LOCAL OR COLLECTOR STREET.

"Local street" or "collector street" means a street intended to serve and to provide access to neighborhoods or subneighborhoods.

(Ord. 64-47. Passed 4-27-64.)

1185.07 MINOR STREET.

"Minor street" means any street not a highway, primary or secondary thoroughfare, parkway or local or collector street, and intended to serve and to provide access exclusively to the properties abutting thereon.

(Ord. 64-47. Passed 4-27-64.)

1185.08 ALLEY OR SERVICE DRIVE.

"Alley" or "service drive" means a passage or way affording generally a secondary means of vehicular access to abutting properties and not intended for general traffic circulation.

(Ord. 64-47. Passed 4-27-64.)

1185.09 SUBDIVISION REGULATIONS.

"Subdivision Regulations" means Ordinance 64-47, passed April 27, 1964, which comprises Title Nine of this Part Eleven-Planning and Zoning Code.

(Ord. 64-47. Passed 4-27-64.)

1187.01 ADOPTION OF REGULATIONS FOR "A" AND "B" AREA JURISDICTION.

The rules and regulations establishing minimum requirements for the installation of improvements in subdivisions within the "A" Area jurisdiction and the "B" Area jurisdiction of the Planning Commission, as approved and recommended by the Planning Commission and as set out in Sections 1197.02 and 1197.03, are hereby adopted.

The following regulations for the control of plats and subdivisions are adopted by the Planning Commission, under authority granted by Ohio R. C. Chapter 711 and these Codified Ordinances.

(Ord. 64-47. Passed 4-27-64.)

1187.02 TERRITORIAL APPLICATION OF REGULATIONS.

The rules and regulations governing plats and subdivisions of land, including replatting of land, contained herein shall apply within the corporate limits of the City and within the unincorporated area within three miles beyond the corporate limits.

(Ord. 64-47. Passed 4-27-64.)

1189.01 REQUIRED APPROVAL OF PLANNING COMMISSION; COMPLIANCE.

No person, firm or corporation, proposing to make or have made a subdivision within the territorial limits of these Subdivision Regulations shall enter into any contract for the sale of, or shall offer to sell such subdivision or any part thereof, or shall proceed with any construction work on the proposed subdivision, including grading, until he or it has obtained from the Planning Commission the tentative approval of the preliminary plat of the proposed subdivision. (Before preparing and submitting the preliminary plat to the Planning Commission, it is suggested that the subdivider or his engineer consult with the Secretary of the Planning Commission while the plat is in sketch form, to ascertain the location of proposed highway, primary or secondary thoroughfares, parkways, parks, playgrounds and other planned developments.)

In the planning and developing a subdivision, the subdivider or his agent shall comply with the general principles of design and minimum requirements for the layout of subdivision set forth in Chapter 1195 , and with the rules and regulations concerning required improvements set forth in Sections 1197.02 and 1197.03 of these Subdivision Regulations, and in every case shall pursue the procedure as set forth in this chapter.

(Ord. 64-47. Passed 4-27-64.)

1189.02 APPLICATION OR APPROVAL.

The subdivider shall prepare a preliminary plat of the proposed subdivision which shall conform with the requirements set forth in Chapter 1191 , and shall file with the Planning Commission an application in writing for the tentative approval of such plat, accompanied by eight black line or blue prints, at least two weeks prior to the meeting of the Planning Commission at which action is desired.

(Ord. 64-47. Passed 4-27-64.)

1189.03 CHECKING COMPLIANCE OF PRELIMINARY PLATS.

(a) The preliminary plat will be checked by the Secretary as to its conformity with the Thoroughfare Plan and other applicable sections of the Master Plan and the principles, standards and requirements hereinafter set forth, and copies of such preliminary plat will be referred for recommendations or other action as follows prior to submitting the plat to the Planning Commission:

(1) In the case of plats within the City, to the Director of Public Service, City Engineer, Fire Chief and the Health Commissioner for checking of matters within their jurisdiction and approval of the improvements proposed to be installed; or

(2) In the case of plats outside the corporate limits of the City, one copy to the County Engineer, in addition to those stipulated in subsection (a) above, for checking of matters within his jurisdiction, for reference to the County Health Commissioner when appropriate, and for approval, in accordance with rules and regulations adopted by the County Commissioner, of improvements proposed to be installed.

(b) if deemed necessary by the Secretary, a meeting may be called, to be attended by one or more of the above named officials and the subdivider or developer or his representative to consider the recommendations by the officials concerned before presenting the preliminary plat to the Planning Commission. This procedure shall be followed to facilitate the processing of the preliminary plat by the Commission.

(Ord. 64-47. Passed 4-27-64.)

1189.04 TENTATIVE APPROVAL OR DISAPPROVAL OF PRELIMINARY PLATS.

Upon receipt of the recommendations and advice of action concerning matters covered in Section 1189.03, the Planning Commission will tentatively approve or disapprove the preliminary plat, or approve it with modifications, noting thereon any changes that will be required. One copy will be returned to the subdivider with the date of such tentative approval or disapproval endorsed thereon. Similar copies also will be transmitted to the Director of Public Service in the case of plats within the City, and to the County Engineer in the case of plats outside the corporate limits of the City.

(Ord. 64-47. Passed 4-27-64.)

1189.05 EFFECT OF TENTATIVE APPROVAL; IMPROVEMENT PERMITS OR SURETY BOND.

Upon tentative approval, which is effective for one year unless extended by the Planning Commission, and subsequent approval of the construction plans, the subdivider:

(a) May secure from the appropriate authorities the necessary permits to proceed with the street improvements; or, in lieu of this,

(b) May post a surety bond running to the City or County, as the case may be, sufficient to cover the full cost of such improvements as estimated by the officials having jurisdiction, to assure the satisfactory performance of such improvements at a time fixed by the Planning Commission and in accordance with its regulations.

The subdivider shall file with the Planning Commission the final or record plat (one reproducible copy and five black line or blue prints) of the subdivision for final approval, as set forth in Section 1189.06. The final or record plat of any portion of a larger subdivision, the preliminary plat of which has been tentatively approved by the Planning Commission, may be submitted for approval.

(Ord. 64-47. Passed 4-27-64.)

1189.06 FINAL PLAT FILING; TITLE TO DEDICATED LANDS.

The subdivider shall file with the Planning Commission a reproducible copy and five black line or blue prints of the final or record plat which shall conform in every respect with the requirements specified in Chapter 1193 of these Subdivision Regulations. These shall be accompanied by a certification of title showing the ownership of all lands to be dedicated to the public and that the title thereof is free and unencumbered.

(Ord. 64-47. Passed 4-27-64.)

1189.07 CHECKING FINAL PLAT COMPLIANCE.

A copy of the final or record plat thus filed will be transmitted to the Secretary of the Planning Commission, who will check the final plat. If found satisfactory, he will return such plat to the Planning Commission, together with a two-fold certificate showing:

(a) That the technical details of the plat itself have been checked and found satisfactory;

(b) That all required improvements have been satisfactorily completed, except where a surety bond has been furnished in lieu of completing such improvements.

(Ord. 64-47. Passed 4-27-64.)

1189.08 APPROVAL OF FINAL PLAT.

After a copy of the final plat together with the foregoing two-fold certificate has been received by the Planning Commission from its Secretary, and provided that the final plat is found to conform with the preliminary plat as tentatively approved, the Planning Commission will approve the final plat and will enter such approval thereon in writing by its Chairman and Secretary. The approval of the final or record plat by the Planning Commission shall not be deemed to constitute or effect an acceptance by the public of the dedication of any street or other proposed public way or space shown on such plat. The Planning Commission then will transmit the reproducible copy and four prints of the final plat along with certificate of title to Council or, in the case of a subdivision outside the corporate limits of the City, to the County Commissioners, for such action as may be necessary on any proposed dedication. Thereupon, Council or the County Commissioners, as the case may be, will return the reproducible copy and three approved prints thereof to the Planning Commission for the subdivider, the Director of Public Service (the reproducible copy) and, where appropriate, the County Engineer.

(Ord. 64-47. Passed 4-27-64.)

1191.01 APPLICATION FOR TENTATIVE APPROVAL.

The preliminary plat of the proposed subdivision, eight black line or blue prints prepared by a registered professional engineer or surveyor, authorized to practice under the laws of the State of Ohio, shall accompany an application in writing to the Planning Commission for the tentative approval of the subdivision.

(Ord. 64-47. Passed 4-27-64.)

1191.02 VICINITY SKETCH.

A vicinity sketch at a scale of 400 feet or more to the inch shall be drawn on or shall accompany the preliminary plat. This shall show all existing subdivisions and the street and tract lines of acreage parcels of land, together with the names of record owners of such parcels immediately adjoining the proposed subdivision and between it and the nearest existing highways or thoroughfares. It shall also show the streets and alleys in neighboring subdivisions or unplatted property.

(Ord. 64-47. Passed 4-27-64.)

1191.03 HORIZONTAL SCALE.

The horizontal scale of the preliminary plat shall be 100 feet or less to the inch.

(Ord. 64-47. Passed 4-27-64.)

1191.04 CONTENTS AND INFORMATION.

The preliminary plat shall clearly show the following features and information:

(a) The proposed name of the subdivision which shall not duplicate or closely approximate the name of any other subdivision in Muskingum County.

(b) The tract designation according to real estate records of the County Recorder.

(d) The names of adjacent subdivisions and the names of record owners of adjacent parcels of unplatted land.

(e) The boundary lines, accurate in scale, of the tract to be subdivided.

(f) The location, widths and names of all existing or platted streets or other public ways within or adjacent to the tract, and other important features such as existing permanent buildings, watercourses, railroad lines, corporation lines, township lines, high tension lines, bridges, section lines, any easement of records, etc.

(g) Existing sewers, water mains, culverts and other underground structures within the tract and immediately adjacent thereto with pipe sizes and grades indicated.

(h) Contour normally with intervals of five feet referenced to U.S.G.S. Datum, or as may otherwise be required by the Planning Commission, but no more than five foot intervals.

(i) The layout, proposed names and widths of proposed streets, alleys and easements; the location and approximate sizes of catch basins, culverts, adequate drainage outlets and other drainage structures; the location and approximate dimensions of proposed lots. Proposed street names shall not duplicate or closely approximate any existing street names in Muskingum County, except extensions of existing streets.

(j) Zoning boundary lines, if any; proposed uses of property and proposed front yard setback lines.

(k) All parcels of land intended to be dedicated or temporarily reserved for public use, or to be reserved in the deeds for the common use of property owners in the subdivision, with the purpose, condition or limitation of such reservation indicated.

(l) Total acreage of the subdivision.

(m) Northpoint, scale and date.

(n) Copies of any private restrictions to be included in the deeds (attached to the preliminary plat).

(Ord. 64-47. Passed 4-27-64.)

1191.05 CONSTRUCTION PLANS FOR PUBLIC SERVICE IMPROVEMENTS INVOLVING CITY FACILITIES.

Construction plans for the public service improvements within the subdivision as required under Sections 1197.02 and 1197.03, shall not be prepared until the preliminary plat has been approved by the Planning Commission. The construction plans shall be submitted to the Director of Public Service for review and approval by the City Engineer or to the County Engineer, as the case may be, before approval of the final record plat by the Planning Commission.

For the subdivisions within the City or those adjacent thereto which are to be furnished facilities by the City:

(a) The construction plans shall be prepared according to provisions of Sections 1197.02 and 1197.03 and the regulations and specifications of the Director of Public Service, the Division of Engineering and Construction and pertinent ordinances of the City. The Director of Public Service shall notify the Planning Commission, in writing, when the construction plans have been approved. Construction plans that are approved shall not be changed without written permission of the Planning Commission.

(b) Six sets of construction plans, when approved, shall be filed with the Planning Commission and two sets marked "Approved for Construction" shall be returned to the subdivider.

(c) Construction in accordance with the plans may be deferred if a performance bond, such bond running to the City in the amount of 100 percent (100%) of the cost of improvements and approved by the Planning Commission and approved as to form by the Director of Law, has been deposited with the City Auditor and a copy with the office of the Secretary of the Planning Commission.

(d) All improvements shall be required to be completed within one year from the date of the bond, unless written approval of the Planning Commission is obtained for an extension of time and the performance bond is extended for the time granted by the Planning Commission. Otherwise, the City shall complete the improvements with funds provided by the performance bond. On completion of the improvements the subdivider shall maintain all improvements for one year and unless a maintenance bond in the amount of twenty percent (20%) of the value of the improvements is deposited with the City Auditor for the one-year maintenance period, the performance bond shall not be released until the one-year maintenance period has passed. In either case, the bonds shall not be released until the improvements have been inspected by the normally responsible City departments and the ownership to all streets, utilities, easements, etc. have been accepted by Council.

(e) Normally responsible City departments, upon request of the Planning Commission, shall prepare regulations or necessary changes in existing regulations covering the details of preparation of construction plans including standards of construction details, typical sections, specifications and designs standards for distribution to subdividers, engineers and surveyors, to use in the preparation of such construction plans.

(Ord. 64-47. Passed 4-27-64.)

1191.06 SUBDIVISIONS NOT INVOLVING CITY FACILITIES.

For subdivisions outside the City which are not to be furnished facilities by the City, construction plans shall be prepared and submitted to the County Engineer in accordance with rules and regulations adopted by the County Commissioners.

(Ord. 64-47. Passed 4-27-64.)

1193.01 CONTENTS AND CERTIFICATES.

One reproducible copy and five black line or blue prints of the final or record plat of the subdivision, or of any part of a larger subdivision, shall be submitted to the Planning Commission for approval. The final plat shall be drawn at the scale of 100 feet or less to the inch, and shall clearly show or contain the following features and information:

(a) All plat boundary lines with lengths of courses to hundredths of a foot and bearings to half minutes. These boundaries shall be determined by an accurate survey in the field, which shall be balanced and closed with an error of closure of not to exceed one to 5,000 (computation sheet shall be submitted with the plat).

(b) The exact location and the width along the property lines of all existing recorded streets intersecting or paralleling the boundaries of the tract.

(c) Bearings and distances to nearest established street bounds, patent or other established survey lines, or other official monuments, which monuments shall be located or accurately described on the plat. Any patent or other established survey or corporation lines shall be accurately monument-marked and located on the plat, and their names shall be lettered on them.

(d) The accurate location and material of all permanent reference monuments.

(e) The exact layout including:

(1) Street and alley lines, their names, bearings, length [along center line, angles of intersection and widths (including widths along the line of any obliquely-intersecting street);

(2) The lengths of all arcs, radii, points of curvature and tangent bearings;

(3) All easements and rights of way when provided for or owned by public services (with limitation of the easement rights definitely stated on the plat);

(4) All lot lines with dimensions in feet and hundredths, and with bearings and angles to minutes if other than right angles to the street and alley lines. All lot line courses and distances shall have an error of closure of not to exceed one in 5,000. (Computation sheet shall be submitted with the plat.)

(f) Lots and blocks numbered in numerical order. In case there is a resubdivision of lots in any block, such resubdivided lots shall be designated by their original number prefixed with the term most accurately describing such division, such as E1/2 or 3 N50' of 5, etc.

(g) The accurate outline of all property which is offered for dedication for public use, and of all property that may be reserved by covenant in the deeds for the common use of the property owners in the subdivision, with the purpose indicated thereon. The Planning Commission may authorize the designation of certain parcels for future street purposes, provided that the subdivider is the legal owner of all lands adjacent to or abutting the future street and, provided, further, that the subdivider agrees in writing to dedicate and improve the same in the manner herein prescribed if and when required by the Planning Commission at any time after approval of the final plat.

(h) In case the subdivision is traversed by a watercourse, channel, stream or creek, the existing or prior location and/or the proposed location of such watercourse, channel, stream or creek.

(i) Setback building lines as fixed by the Zoning Ordinance and any other setback lines, or street lines established by public authority, and those stipulated in the deed restrictions.

(j) Private restriction if any:

(1) Boundaries of each type of use restriction;

(2) Other private restrictions for each definitely restricted section of the subdivision.

(k) Name of the subdivision and name or number of the largest subdivision or tract of which the tract now subdivided forms a part.

(l) Names and locations of adjoining subdivisions and location and ownership of adjoining unsubdivided property.

(m) Names and addresses of the owner of record, the subdivider and of the engineer or surveyor.

(n) Northpoint, scale and date.

(o) Statement that any lot transferred will have a minimum width and area substantially the same as those shown on the plat, and that only one principal building will be permitted on any such lot.

(p) Certification by a registered professional engineer or surveyor to the effect that the plat represents a survey made by him and that all monuments indicated thereon actually exist and their location, size and material are correctly shown, and that all requirements of these Subdivision Regulations have been fully complied with.

(q) A certificate by the owner of the land in substantially the following form: "As owner I hereby certify that I caused the land described on this plat to be surveyed, divided, mapped and dedicated as represented on the plat." This certificate shall be executed as a conveyance is executed.

(r) Certification from the Auditor of Muskingum County that all taxes and assessments have been paid on the land within the subdivision.

(s) Total acreage; acreage in lots; and the acreage in streets, alleys and other public ways or properties.

(Ord. 64-47. Passed 4-27-64.)

1195.01 DRAINAGE STANDARDS.

In order to protect the safety, health, and general welfare of the people of the City and environs, the Planning Commission will not approve the plat of any proposed subdivision located in an area subject to periodic floods. When a subdivision is located in an area having poor drainage or other adverse physical conditions, the Planning Commission may approve the plat of the proposed subdivision, provided that the subdivider complies with the City’s stormwater drainage regulations as contained in Chapter 1335 and agrees to perform such improvements as will, in the judgment of the Public Service Director, render the subdivision substantially safe and otherwise acceptable for residential use. The Planning Commission shall not approve any plat of any proposed subdivision without the review by the Public Service Director of the general stormwater drainage permit as outlined in Chapter 1335 and compliance thereof.

(Ord. 98-69. Passed 5-26-98.)

1195.02 COMPLIANCE.

In laying out a subdivision, the subdivider shall comply with the general principles and requirements set forth in this chapter.

(Ord. 64-47. Passed 4-27-64.)

1195.03 THOROUGHFARE PLAN COMPLIANCE; PARKS AND RECREATION AREAS.

(a) The subdivision layout shall conform to the Thoroughfare Plan and other officially adopted parts of the Master Plan of the City and environs.

(1) Whenever a tract to be subdivided embraces any part of a highway, thoroughfare or parkway, so designated on the Thoroughfare Plan, such part of the public way shall be platted by the subdivider in the location and at the width indicated on the Plan.

(2) Where a proposed park or other recreational area, school site or other public ground shown in the adopted Master Plan is located in whole or in part within the proposed subdivision, such proposed public ground or part, if not dedicated to the City, County, Board of Education or Park Board, shall be reserved for the acquisition by the City, County, Board of Education or Park Board, within a period of two years by purchase or other means.

(b) Where held appropriate by the Planning Commission, open spaces, constituting a reasonable proportion of the gross acreage of the subdivision, suitably located, and of adequate size for parks, playgrounds or other recreational purposes for local or neighborhood use, shall be provided for in the proposed subdivision and if not dedicated to the City or County, as the case may be, shall be reserved for the common use of all property owners in the proposed subdivision by covenant in the deeds.

(Ord. 64-47. Passed 4-27-64.)

1195.04 STREET AND BLOCK LAYOUT.

(a) The street layout of the subdivision shall be in general conformity with a plan for the most advantageous development of adjoining areas and the entire neighborhood.

(1) Where appropriate to the design, proposed streets shall be continuous and in alignment with existing, planned or platted streets with which they are to connect.

(2) Proposed streets shall be extended to the boundary lines of the tract to be subdivided, unless prevented by topography or other physical conditions or unless, in the opinion of the Planning Commission, such extension is not necessary or desirable for the coordination of the layout of the subdivision with the existing layout or the most advantageous future development of adjacent tracts. Dead-end streets of reasonable length (normally not over 600 feet) will be approved where necessitated by topography or where, in the judgment of the Planning Commission, they are appropriate for the type of development contemplated. No strips of land along tract boundaries, tending to preclude street extensions, will be permitted.

(3) Proposed streets shall intersect one another as nearly at right angles as the topography and other limiting factors of good design permit.

(4) Wherever there exists adjacent to the tract to be subdivided a dedicated or platted and recorded half-width street or alley, the other half width of such street or alley shall be platted.

(5) Alleys shall be platted in all commercial and industrial areas if no other provisions are made for adequate access to parking and loading spaces. To provide safe access to residential lots located on highways, thoroughfares and parkways, alleys may be platted in the rear of such lots or service drives provided in front thereof, or such lots shall be platted as suggested in subsections (a)(6)B. and C. hereof. Alleys will not be approved in other locations in residence districts, unless required by unusual topography or other exceptional conditions.

(6) Land abutting highways or principal thoroughfares shall be platted with the view of making the lots, if for residential use, desirable for such use by cushioning the impact of heavy traffic on such trafficways; and with the view also of minimizing interference with traffic on such trafficways as well as the accident hazard. This may be accomplished in several ways:

A. By platting the lots abutting such trafficways at very generous depths, and by providing vehicular access to them by means of either alleys or service drives in the rear, or frontage access roads next to the highway, connected therewith at infrequent intervals.

B. Another more desirable and usually more economical method consists of not fronting the lots on the highway but on a minor street paralleling the highway at a distance of a generous lot depth. Private driveways in this case would, of course, connect with such minor street.

C. Under still another scheme, a collector street may be platted more or less parallel with the highway, 600 to 1,000 feet distant therefrom, from which loop streets or dead-end streets would extend toward the highway, the ends of which would provide access to the lots backing upon the highway.

The choice, in a specific case, among the foregoing or other methods for accomplishing the purpose in view, must necessarily be made in consideration of topography and other physical conditions, the character of existing and contemplated developments and other pertinent factors that apply in each case.

(7) Private streets will not be approved nor will public improvements be approved in any private street.

(8) Temporary dead-end streets will be permitted where necessitated by the design of the subdivision, provided that temporary turn-arounds be constructed where lots are fronting on such temporary dead-end streets. The needed area for such turn-arounds shall be the same as required for permanent turn-arounds, provided that the area in excess of the street right of way shall be vacated upon extension of the temporary street.

(b) Blocks shall have sufficient width to provide for two tiers of lots of appropriate depth.

(1) The lengths of blocks shall be such as, in the opinion of the Planning Commission, are appropriate for the locality and the type of development contemplated, but shall not exceed 1800 feet where the average size of lots does not exceed two acres in area, and shall not be less than 500 feet.

(2) In any block of over 900 feet in length the Planning Commission may require that a crosswalk or pedestrian way, not less than ten feet wide, be provided near the center and entirely across such block.

(3) The number of intersecting streets along highways, thoroughfares and parkways shall be held to a minimum. Wherever practicable, blocks along such trafficways shall be not less than 1200 feet in length.

(Ord. 64-47. Passed 4-27-64.)

1195.05 MINIMUM RIGHT-OF-WAY WIDTHS.

Minimum right-of-way widths of streets, alleys and easements for utilities shall be as follows (extra easements for back slopes may be required by the Planning Commission where necessary):

(a) Highways, primary thoroughfares and parkways as specified on the Thoroughfare Plan but not less than eighty feet wide in any case.

(b) Secondary thoroughfares as specified on the Thoroughfare Plan, but not less than sixty feet wide in any case.

(d) Minor streets and dead-end streets: fifty feet. All dead-end streets shall terminate in a circular turn-around having a minimum right-of-way diameter of eighty feet, unless the Planning Commission approved at "T" or "Y"-shaped paved space in place of the required turning circle.

(e) Where easements are required for utilities their width shall be at least ten feet centered on rear and side lot lines.

(f) Alleys: twenty feet.

(Ord. 64-47. Passed 4-27-64.)

1195.06 MINIMUM PAVEMENT WIDTHS.

Minimum pavement widths, face to face of curb, required to be installed at the subdivider's expense, shall be as follows:

(a) Primary and secondary thoroughfares and parkways, shown as such on the Thoroughfare Plan, local streets or collector streets, and minor streets over 600 feet long: twenty-six feet.

In the case of primary or secondary thoroughfares or parkways and in the case of local streets or collector streets usually requiring pavements wider than twenty-six feet, the matter of financial and other arrangements for installing such wider pavements at the time the subdivider makes the improvement shall be taken up by the subdivider with the officials having jurisdiction.

(b) Minor and dead-end streets not over 600 feet long, or streets in estate type subdivisions: twenty-two feet (face to face of curb where curb is required or otherwise installed). The pavement of a turning circle at the end of a dead-end street shall have a minimum outside diameter of sixty feet. A "T" or "Y"-shaped paved space, when approved by the Planning Commission in place of a turning circle, shall extend entirely across the width of the street right of way and shall be at least ten feet wide with the flared portion rounded by minimum radii of twenty feet.

(Ord. 64-47. Passed 4-27-64.)

1195.07 STREET GRADES, CURVES AND SIGHT DISTANCES.

(a) The grades of streets shall be not less than one-half of one percent (0.5%) and shall not exceed the following:

(1) Highways and primary thoroughfares, shown as such on the Thoroughfare Plan: five percent (5%).

(2) Secondary thoroughfares, parkways, local or collector streets: seven percent (7%)

(3) Minor streets, service drives and alleys: ten percent (10%).

(4) Pedestrian ways or crosswalks: twelve percent (12%) unless steps of an acceptable design are constructed.

(b) All changes in street grades above one percent (1%) shall be connected by vertical curves of a minimum length equal to fifteen times the algebraic difference in the change of grade for highways, thoroughfares and parkways, and one-half of this minimum for all other streets.

(c) The radii of curvature on the center line shall not be less than the following: highways, thoroughfares and parkways, shown as such on the Thoroughfare Plan, 600 feet.

(Ord. 64-47. Passed 4-27-64.)

1195.08 INTERSECTIONS.

(a) At street and alley intersections property line corners shall be rounded by an arc, the minimum radius of which shall be ten and five feet, respectively. In business districts a chord may be substituted for such arc.

(b) Street curb intersections shall be rounded by radii of at least twenty feet.

(Ord. 64-47. Passed 4-27-64.)

1195.09 LOTS.

(a) The size, shape and orientation of lots shall be appropriate for the location of the proposed subdivision and for the type of development contemplated.

(b) Excessive depth in relation to width shall be avoided. A proportion of two to one shall normally be considered as appropriate.

(d) Lots for residence purposes shall be at least sixty feet wide at the building setback line, in order to permit compliance with the side yard requirements of the Zoning Ordinance and still be adequate for a building of practicable width.

(e) Double-frontage lots and reversed-frontage lots shall be avoided.

(f) Side lot lines shall be approximately at right angles to the right-of-way line of the street on which the lot abuts.

(g) Corner lots for residential use shall be platted wider than interior lots in order to permit conformance with the setback on the side street required by the Zoning Ordinance. Special consideration should be given to the size of the corner lots where a residence may be proposed to face a side street.

(h) Residential lots fronting or abutting on highways, thoroughfares and other important trafficways should have extra depth to permit deep setbacks for the buildings from such trafficways.

(Ord. 64-47. Passed 4-27-64.)

1197.01 IMPROVEMENTS GENERALLY.

Minimum improvements shall be installed:

(a) In the case of subdivisions within the City or those adjacent thereto which are to be furnished water, sanitary and/or storm sewerage by the City, in accordance with the requirements of this chapter under jurisdiction of the normally responsible departments and agencies.

(b) In the case of the other subdivisions outside the corporate limits of the City, in accordance with rules and regulations adopted by the County Engineers.

(Ord. 64-47. Passed 4-27-64.)

1197.02 "A" AREA IMPROVEMENTS.

(a) This section contains the rules and regulations establishing minimum requirements for the installation of improvements in subdivisions within the "A" Area jurisdiction of the City Planning Commission. Such "A" Area is defined as those lands enclosed by:

Beginning at a stake on the south line of the northwest quarter of Section 13, Tp. 16 and R. 14 of Springfield Township. The stake being situated at the intersection of the extended north line of Clay Street with the west line of a 15-foot wide alley or reserve strip at the southwest corner of Elizabeth Heights Addition, recorded in plat book 5, page 100 of Muskingum County records;

Course No. 1: Thence from such place of beginning N 88o 15'W, along the aforesaid quarter section line for a distance of 715.70 feet to the southwest corner of such quarter-section;

Course No. 2: Thence continuing N 88o 15' W along the south line of the north half of Section 14 of Springfield Township for an estimated distance of 5,460 feet to the southwest corner of the north half of Section 14;

Course No. 3: Thence N 1o 45' E, along the west line of the north half of Section 14 and along the entire west line of Section 11 of aforementioned Springfield Township for an estimated distance of 8,190 feet to the northwest corner of the Section, which corner is located approximately 60 feet north of Ridge Road (County Road 34);

Course No. 4: Thence N 2o 07' E along the west line of Section 2 of Springfield Township for an estimated distance of 3,536 feet to the northwest corner of Section 2, which Section corner is located on the south boundary of U.S. Military Lands and is situated in the immediate vicinity of the "Y" of intersecting Township Road 420 and an unnamed road bearing in a southwest direction;

Course No. 5: Thence N 89o 00' W along the south boundary of U.S. Military Lands for an estimated distance of 3,736 feet to the southwest corner of Quarter Township 4, Tp. 1 and Range 8 of Falls Township;

Course No. 6: Thence N 00o 30' E along the west line of Quarter Township 4 for an estimated distance of 13,260 feet to the northwest corner of Quarter Township 4;

Course No. 7: Thence N 00o 30' E along the west line of Quarter Township 1, Tp. 1 and Range 8 of Falls Township for a distance of 1,600 feet to a corner on the north side of the proposed alignment of Western Hills Parkway Thoroughfare as shown in Vol. II of the Comprehensive Master Plan;

Course No. 8: Thence N 50o 00' E along the proposed northerly right of way of Western Hills Parkway Thoroughfare for an estimated distance of 3,725 feet to the apparent northerly right-of-way line of Old Falls Road;

Course No. 9: Thence continuing in a northeasterly and easterly direction along the north right-of-way line of Old Falls Road (County Road 298) to center line of Maple Avenue (State Route 77);

Course No. 10: Thence S 79o 50' E for an estimated distance of 2,400 feet to a point on the north right of way of Ritchie Road (Tp. Road 147) at the most northwesterly corner thereof;

Course No. 11: Thence east along the north right of way of Ritchie Road for an estimated distance of 6,200 feet to the east right-of-way line of Dresden Road;

Course No. 12: Thence south along the east right of way of Dresden Road to the north right-of-way line of Hale Road (Tp. Road 480);

Course No. 13: Thence easterly and along the north alignment of Hale Road (Tp. Road 480) and with the meanderings thereof, to the east right-of-way line of Linden Avenue;

Course No. 14: Thence following an approximate bearing of S 19o 00' E, and traversing diagonally across Riverside Airport and the Muskingum River into Washington Township for an estimated distance of 3,000 feet to a point of intersection of the east right-of-way line of North River Road (State Route 666) with the north right-of-way line of Batemam Road (Tp. Road 112);

Course No. 15: Thence east, and at a distance of approximately 600 feet north and parallel to the north line of Quarter Townships 3 and 4 of Washington Township for an estimated distance of 10,680 feet to the intersection of the east line of Adamsville Road (State Route 75) with the center line of the Baltimore and Ohio Railroad;

Course No. 16: Thence in a southerly direction and along the east right of way of Adamsville Road (State Route 75) and Pleasant Grove Road (County Road 5) to a point of intersection on the south right-of-way of National Highway U.S. Route 40;

Course No. 17: Thence south and parallel to the west line of Quarter Township 4 of Washington Township for an estimated distance of 2,890 feet to the south boundary line of U.S. Military Lands;

Course No. 18: Thence south into Wayne Township and parallel to and at a distance of 2,155 feet east of and parallel to the west section line of Sections 3, 8 and 13 for an estimated distance of 11,935 feet to the south line of the northwest quarter of Section 13;

Course No. 19: Thence west along the quarter section line of Sections 13, 14 and 15 in Wayne Township to a point in the center of Wayne Avenue (State Route 77) for an estimated distance of 10,600 feet. The point in center of Wayne Avenue is approximately 600 feet north of the center line intersection of Wayne Avenue with the center line of Dietz Lane (County Road 72);

Course No. 20: Thence crossing the Muskingum River and continuing along the quarter section line of Sections 15 and 13 of the Springfield Township and along the quarter section line being along the north line of Clay Street for an estimated distance of 6,980 feet to the stake at the place of beginning at the southwest corner of Elizabeth Heights Addition.

(b) Plans for the construction and installation of improvements shall be submitted as set out in Section 1191.05, of these Subdivision Regulations and shall be constructed under the supervision of the governmental departments and agencies normally responsible for the type of work involved, and shall be constructed in accordance with the regulations of these departments and agencies.

In lieu of constructing such improvements the subdivider shall furnish a performance bond running to the City sufficient to cover the subdivider's proportion of the cost, as estimated by the normally responsible departments and agencies and approved by the Planning Commission of any or all of the improvements required to be installed thereby to secure the actual construction and installation of such improvements immediately after final approval of the final plat or at a time and according to the requirements of the Planning Commission.

(c) Streets and alleys shall be graded to full width of the dedicated right of way, and side slopes, if any, shall start at the right-of-way line and slope upward or downward as topography necessitates. Before any sewers or underground utilities are constructed the street wearing surface area shall be graded to sub-base elevation according to the construction plans.

All streets shall have standard concrete combined curb and gutter and shall have either:

(1) A wearing surface of T-35 asphaltic concrete two and one-half inches thick on a compacted stone base course eight inches thick; or

(2) Concrete pavement constructed in accordance with specifications of the Division of Engineering and Construction.

No surface treated or gravel streets or alley will be permitted.

Where alleys or similar accessways are approved by the Planning Commission, they shall be properly graded the full width of the right of way and paved with concrete. In estate type subdivisions, where dedicated rights of way for streets are sixty feet or more in width and where the lots have a street frontage of 150 feet or more, combined concrete curb and gutter may not be required if the street right of way is graded in accordance with the standard typical section of the Division of Engineering and Construction and the side ditches and road shoulders are properly seeded in grass. Wearing surfaces of streets in this type of subdivision shall not be less than twenty-two feet wide with intersections provided with ample turning radii.

(d) Sidewalks of such width and type of construction as required by the Planning Commission shall be constructed on both sides of every street where lots are a width of sixty feet or less. Sidewalks shall be constructed on one or both sides of the streets irrespective of the width of lots, where in the judgment of the Planning Commission, these are necessary to protect the safety of pedestrians. Where plats are designed with interior walkways, walks shall be fully constructed to adequately serve the area being platted.

(e) Where a public water supply main is reasonably accessible, in the judgment of the Planning Commission, the subdivision shall be provided with a complete water distribution system adequate to serve the area being platted, including a connection for each lot and appropriately spaced fire hydrants. Where public water supply is not available within reasonable distance, the average size of lots shall not be less than 20,000 square feet and the subdivider or developer shall provide for individual wells. The entire water supply and/or distribution system shall be designed to meet the approval of the officials having jurisdiction.

(f) Every subdivision shall be provided with storm sewers of adequate size to serve the subdivision and the natural drainage area in which the subdivision is situated. Where the subdivider is permitted to use open ditches or natural drainage ditches and creeks, they shall be properly graded and enlarged to sufficient cross section to adequately care for the storm water run-off without the velocity of water being sufficient to cause erosion of the stream bed. The open ditches or natural drains shall have the side slopes sodded or seeded in grass and curves properly riprapped to prevent erosion.

If deemed necessary, natural watercourses and open drainage channels shall be placed in easements, running to the City or be located in areas dedicated to the City, in order that the control of the watercourse or open drainage channels shall be in the City's jurisdiction and so that representatives of the City may enter upon the easement or dedicated area to maintain the open drainage channel.

Catch basins shall be provided as required to properly intercept storm water run-off and prevent flooding of streets or alleys.

Location of storm sewers, catch basins and construction of open drainage channels shall conform to the regulations of the Division of Engineering and Construction.

(g) Where a public sanitary sewer main is reasonably accessible, in the judgment of the Planning Commission, the subdivision shall be provided with a complete sanitary sewer system connected with such sewer main, including a lateral connection for each lot. Where a public sanitary sewer main is not reasonably accessible, in the opinion of the Planning Commission, proper provision shall be made for the disposal of sanitary wastes by one or the other of the following methods, as the case may be:

(1) In the case of a subdivision in which the average size of lots is less than 20,000 square feet, the subdivision shall be provided with a complete sewer system, including a lateral connection for each lot, and a community sewage treatment plant of a type meeting the approval of the officials having jurisdiction. In such case, or whenever a common effluent sewer line is provided the following note shall be entered on the final plat: "The tile that is laid for the purpose of serving as an effluent line for an individual or community septic tank is a private sewer line and the responsibility of maintenance shall rest with the abutting property owners using such line," or, alternately, the right of the City to charge the actual cost of operating and maintaining such common effluent sewer line and/or treatment plant shall be entered on the final record plat and incorporated in each deed.

(2) In the case of a subdivision in which the average size of lots is 20,000 square feet or more in area, and a public water supply is available, and where the officials having jurisdiction deem appropriate based on soil and other conditions as determined by a percolation and other tests, private restrictions shall be filed with the final or record plat and incorporated in each deed calling for the installation on each lot of an individual sewage disposal system meeting fully the requirements of the officials having jurisdiction.

(h) Where practicable, easements for poles or underground conduits for electric light or telephone lines shall be provided along rear lot lines.

(i) Guard rails shall be constructed and berm width increased one foot when the vertical distance from the center line of the street to the top of the slopefill is five feet or more.

(j) The City will place all street signs in accepted subdivisions.

(k) Permanent monuments shall be placed in accordance with the requirements of the City Engineer. The permanent reference monuments shall be of stone or concrete or other suitable material as approved by the Planning Commission and shall be at least thirty-six inches in length, a minimum of two inches diameter, and with suitable center point.

(l) Construction plans, including the following, for improvements to be installed shall be furnished in accordance with the specifications of the officials having jurisdiction and shall receive approval of these officials before improvements are installed:

(1) The center line profile (and natural profile) of each proposed street at a scale of fifty feet or less to the inch, with tentative grades indicated.

(2) Cross section of each proposed street, at not less than each fifty-foot station, showing the width of pavement, the location and width of the sidewalks and the location and size of utility mains.

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

(4) A drainage plan showing all existing and proposed storm sewers, manholes, catch basins, watercourses, culverts and other underground structures within the tract and immediately adjacent thereto, with pipe sizes and grades or waterway openings indicated thereon. The drainage plan shall show the method to be used for the adequate disposal of all storm sewer water, including drainage outlets, and such other data as may be required by the Director of Public Service.

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

(m) Prior to starting any of the work covered by the plans as approved, arrangements, including payment of fees for inspection and/or engineering services of the responsible government departments and agencies, to insure compliance with the plans and specifications as approved, and written approval obtained from such departments and agencies.

(n) The construction of all improvements required by these rules and regulations shall be completed prior to filing the final plat, or, when a performance bond has been filed, within one year from the date of approval of the final plat by the Planning Commission, unless good cause can be shown for the granting of an extension of time by authority of the Planning Commission.

(o) The subdivider shall maintain and keep in repair all required improvements for one year from the date the constructed streets are approved by the Director of Public Service.

(p) The approval of a plat by the Planning Commission shall not be deemed to be an acceptance of the dedication of any public street, road or highway dedicated in such plat. The Director of Public Service shall, upon written request by the owner of the land upon which the street has been constructed, check the construction and if he finds that such street is in good repair, then such finding shall be certified to Council for their consideration and action in accepting such street for public use.

(q) Where unusual or exceptional factors or conditions exist, the Planning Commission may modify any of the provisions of these regulations except those covered by subsection (b) of this section. A written statement of the reasons for such modification shall be attached to all copies of the construction plans.

(Ord. 64-47. Passed 4-27-64.)

1197.03 "B" AREA IMPROVEMENTS.

(a) This section contains rules and regulations establishing minimum requirements for the installation of improvements in subdivisions within the "B" Area jurisdiction of the City Planning Commission. Such "B" Areas are defined as those areas outside of the "A" Area and within the jurisdictional three-mile limit of these Subdivision Regulations.

(b) These regulations shall meet all minimum improvement standards of the respective townships and county, and shall conform to the standards set forth:

(1) Street rights of way shall be not less than fifty feet.

(2) The width of roadways shall be not less than thirty feet and shall be graded to cross section.

(3) The pavement or metal will be eighteen feet wide and have a minimum thickness of six inches of limestone or comparable base.

(4) The roadway and slopes shall adequately drain. Subdrainage shall be supplied where needed.

(5) Drainage easements and right of entry to maintain proper drainage shall be submitted to the County Engineer when required.

(c) Where unusual or exceptional factors or conditions exist, the Planning Commission may modify any of the provisions of these regulations except those covered by Section 1197.02(b). A written statement of the reasons for such modification shall be attached to all copies of the construction plans.

(Ord. 64-47. Passed 4-27-64.)

1199.01 PLANNING COMMISSION AUTHORITY.

The general principles of design and the minimum requirements for the laying out of subdivisions, stipulated in Chapter 1195, may be varied by the Planning Commission in the case of a subdivision large enough to constitute a more or less self-contained neighborhood to be developed in accordance with a comprehensive plan, safeguarded by appropriate restrictions which in the judgment of the Planning Commission make adequate provision for all essential community requirements. However, no modification shall be granted by the Planning Commission which would conflict with the proposals of the Thoroughfare Plan, or with other features of the adopted Master Plan of the City and environs, or with the intent and purpose of such general principles of design and minimum requirements.

(Ord. 64-47. Passed 4-27-64.)

1199.02 PRELIMINARY PLAT EXEMPTION FOR MINOR SUBDIVISION.

In the case of a small subdivision of minor importance situated in a locality where conditions are well defined, the Planning Commission may exempt the subdivider from complying with some or all of the requirements stipulated in Chapter 1191 pertaining to the preparation of the preliminary plat.

(Ord. 64-47. Passed 4-27-64.)

1199.03 APPROVAL WITHOUT PLAT.

A proposed division of a parcel of land along the existing public street, not involving the opening, widening or extension of any street or road, nor a private easement of access, and involving no more than five lots after the original tract has been completely subdivided, may be submitted to the Planning Commission for approval without plat. The request shall be accompanied by a sketch, prepared by a registered engineer or surveyor, and such other information as is pertinent. Such sketch shall show the original tract being divided, the tract to be conveyed and adjacent owners and such sketch shall be recorded as a part of the deed conveyance. If the Planning Commission is satisfied that such proposed division is not contrary to applicable platting, subdividing or zoning regulations, it shall, within seven working days after submission, approve such proposed division and, on presentation of a conveyance of such parcel, shall stamp the same "Approved by City Planning Commission, Zanesville, Ohio; no plat required" and have it signed and dated by its Clerk, Secretary or other official as may be designated by it. The Planning Commission may waive the requirement for submission of a sketch for the division of a lot of a recorded subdivision plat.

(Ord. 64-47. Passed 4-27-64.)

1199.04 UNDUE HARDSHIP.

In any particular case where the subdivider or his engineer can show by plan and written statement that, by reason of exceptional topographic or other physical conditions, strict compliance with any requirement of these Subdivision Regulations would cause practical difficulty or exceptional and undue hardship, the Planning Commission may relax such requirement to the extent deemed just and proper, so as to relieve such difficulty or hardship. However, such relief may be granted without detriment to the public good and without impairing the intent and purpose of these Subdivision Regulations or the desirable general development of the neighborhood and the community in accordance with the Master Plan and the Zoning Ordinance. Any modification thus granted shall be entered in the minutes of the Planning Commission setting forth the reasons which, in the opinion of the Commission, justified the modification.

(Ord. 64-47. Passed 4-27-64.)

CODIFIED ORDINANCES OF ZANESVILLE