PART ELEVEN – PLANNING AND ZONING CODE
TITLE ONE – Zoning (Repealed)
TITLE THREE – Subdivision Control
CODIFIED ORDINANCES OF BYESVILLE
PART ELEVEN – PLANNING AND ZONING CODE
TITLE ONE – Zoning (Repealed)
EDITOR’S NOTE: Former Title One of this Part Eleven was repealed by Ordinance 97-05, passed June 11, 1997. A new Zoning Code and Map were enacted by Ordinance 97-06, passed June 11, 1997 and are published separately.
TITLE THREE – Subdivision Control
CHAPTER 1151
General Provisions
General Provisions
1151.01 Scope.
1151.02 Purpose.
1151.03 Application.
1151.04 Jurisdiction.
1151.05 Validity and separability.
CROSS REFERENCES
State law provisions – see Ohio R.C. Ch. 711
Unlawful transfer of lots – see Ohio R.C. 711.13, 711.15, P. & Z. 1159.05
Penalty – see P. & Z. 1159.99
1151.01 SCOPE.
The following provisions as provided in Title Three of this Part Eleven Planning and Zoning Code shall govern the subdividing of land within the corporate limits of the Village.
(Ord. 849. Passed 3-12-73.)
1151.02 PURPOSE.
The purpose of these Subdivision Regulations is to promote and protect the public health, safety and general welfare by establishing standards of design which will promote healthful and stable communities, by providing safe and convenient traffic circulation, by assuring efficient, adequate and economic supply of utilities and public services, by providing ample open spaces for schools, recreational and other public purposes, by obtaining accurate surveying of land and to coordinate land development in accordance with the Zoning Ordinance, Thoroughfare Plan and other plans of the Village.
(Ord. 849. Passed 3-12-73.)
1151.03 APPLICATION.
These Subdivision Regulations shall not apply to any lot or lots forming a part of a subdivision created and recorded prior to the effective date of this section, nor is it intended to repeal, annul or impair existing provisions of other ordinances except those specifically repealed by these Subdivision Regulations, or to impair private restrictions placed upon property by deed, covenant or other private agreement. Where these Subdivision Regulations impose a greater restriction upon land than is imposed or required by such existing provisions of law, ordinance, contract or deed, the provisions of these Subdivision Regulations shall control. (Ord. 849. Passed 3-12-73.)
1151.04 JURISDICTION.
No person shall subdivide or layout into lots any land within the corporate limits of the Village unless it be by a plat complying with the Regulations contained herein, and no plat shall be recorded and no lot or land shall be sold from any such plat until the plat has been approved as herein required.
(Ord. 849. Passed 3-12-73.)
1151.05 VALIDITY AND SEPARABILITY.
Should any part of these Subdivision Regulations be held invalid by a court of competent jurisdiction, the remaining parts shall be severable and shall continue to be in full force and effect.
(Ord. 849. Passed 3-12-73.)
CHAPTER 1155
Definitions
Definitions
1155.01 Definitions.
CROSS REFERENCES
Statutory definitions – see Ohio R.C. 711.001
1155.01 DEFINITIONS.
(a) “Subdivision” means a division of a parcel of land into two or more lots or parcels for the purpose of transfer of ownership or building development or if a new street is involved, any division of a parcel of land, provided that a division of land for agricultural purposes into lots or parcels of five acres or more and not involving a new street shall not be deemed a subdivision. The term also refers to resubdivision as well as the process of subdividing or the land subdivided.
(b) “Final plat” means the final map, drawing or chart on which the subdivider’s plan of subdivision is presented to the Planning Commission for approval and which, if approved, will be submitted for recording.
(c) “Lot” means a parcel of land intended for transfer of ownership or building development.
(d) “Easement” means a grant by a property owner of the use for a specific purpose or purposes of land by the general public or by a certain person or persons.
(e) “Comprehensive Plan” means a plan prepared and approved by the Planning Commission and by Council which indicates the general locations recommended for public facilities including streets, schools and parks, which plan includes the official Thoroughfare Plan and Map for the Village.
(f) “Streets” means a dedicated public way for vehicular traffic, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place or however otherwise designated. Streets shall be classified as follows:
(1) “Limited access highway” means a street devoted to movement of traffic not providing access to abutting properties.
(2) “Arterial street” means a street which is primarily for fast or heavy traffic for intercommunication among large areas. Alternate terminology for “arterial street” includes “major street” or “primary thoroughfare”. An arterial street can be designated as a highway, primary thoroughfare or a secondary thoroughfare, depending upon its relationship to the Comprehensive Master Plan.
(3) “Collector street” means a street which carries traffic from minor streets to arterial or major streets, including the principal entrance streets of a residential development and streets for circulation within such a development.
(4) “Minor street” means a street used primarily for access to abutting properties.
(5) “Alley” means a minor way which is used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
(6) “Marginal access street” means a street which is parallel and adjacent to arterial streets or limited access highways and which provides access to abutting properties and protection for through traffic.
(7) “Cul-de-sac” means a street with only one outlet and permanent turn around.
(8) “Roadway” means the portion of a street available for vehicular traffic, including parking lanes.
(9) “Right of way” means a strip of land measured between property lines dedicated for public use.
(g) “Subdivision Regulations” or “Regulations” as used herein means Ordinance 849, passed March 12, 1973, as amended, which is codified as Title Three of this Part Eleven – Planning and Zoning Code.
(Ord. 849. Passed 3-12-73.)
CHAPTER 1159
Administration and Enforcement
Administration and Enforcement
1159.01 Administration by Planning Commission.
1159.02 Variances and modifications; appeals.
1159.03 Fees.
1159.04 Recording of plat.
1159.05 Recording prior to transfer.
1159.06 Prerequisites for building permit.
1159.99 Penalty.
CROSS REFERENCES
Unlawful transfer of lots – see Ohio R.C. 711.13, 711.15, P. & Z. 1151.04
Vacation of plats – see Ohio R.C. 711.17 et seq., 711.39
Planning Commission shall be Platting Commission – see Ohio R.C. 713.03
Planning Commission – see ADM. 149.01
1159.01 ADMINISTRATION BY PLANNING COMMISSION.
The Village Planning Commission is hereby designated as the platting authority of the Village and is charged with the duty of making investigations and reports on the design and improvement of proposed subdivisions, and is hereby authorized to approve, conditionally approve or disapprove proposed subdivisions.
(Ord. 849. Passed 3-12-73.)
1159.02 VARIANCES AND MODIFICATIONS; APPEALS.
(a) Where the Planning Commission finds that the land involved in a subdivision is of such size or shape, or is subject to topographical or other conditions which make it impossible or impracticable for the subdivider to conform fully to these Subdivision Regulations, the Commission may accept such modifications as may be reasonable and within the general intent and purpose of these Regulations. Such modifications shall be granted only if substantial hardship or injustice would be experienced by strict compliance to the provisions of these Subdivision Regulations.
(b) The requirements of these Regulations may be modified and varied whenever a plat is submitted for a complete community or neighborhood which will insure that adequate public spaces, circulation, recreation, light and air will be provided and the needs of the entire community or neighborhood, when fully developed, will be met.
(c) In granting variances to these Regulations, the Planning Commission may attach such reasonable conditions as will further secure the objectives of the general regulations.
(d) Any party may appeal a decision of the Planning Commission to Village Council after filing formal notice of such appeal with the Clerk within ten days after such action by the Commission. Such appeal shall be heard by Council at the first regular meeting occurring at least fifteen days after the appeal is filed with the Clerk.
(Ord. 849. Passed 3-12-73.)
1159.03 FEES.
(a) Upon filing a preliminary plan for a subdivision within the corporate limits of the Village, the subdivider shall pay to the Village the sum of five dollars ($5.00) for a sub- division containing not more than two lots; ten dollars ($10.00) for a subdivision containing three to five lots; and for a subdivision containing six or more lots, the fee shall be ten dollars ($10.00) plus one dollar ($1.00) for each additional lot over five in the proposed subdivision.
(b) The subdivider shall pay such costs as are incurred by the Village to review plans and to inspect the improvements which are installed.
(Ord. 849. Passed 3-12-73.)
1159.04 RECORDING OF PLAT.
No plat of any subdivision shall be recorded in the office of the County Recorder or have any validity until it has been approved in the manner prescribed herein. In the event any such unapproved plat is recorded it shall be considered invalid and the Commission shall institute proceedings to have the plat stricken from the records of the County.
(Ord. 849. Passed 3-12-73.)
1159.05 RECORDING PRIOR TO TRANSFER.
No owner or agent of the owner of any land located within a subdivision shall transfer or sell any land by reference to, exhibition of or by the use of a plan or plat of a subdivision before such plan or plat has been approved and recorded in the manner prescribed herein. Any sale or transfer contrary to the provisions of this section is void. The description of such lot or parcel by metes and bounds in the instrument of transfer or other documents used in the process of selling or transferring shall not exempt the transaction from the provisions of these Subdivision Regulations.
(Ord. 849. Passed 3-12-73.)
1159.06 PREREQUISITES FOR BUILDING PERMIT.
No building permit for any structure on a lot in a subdivision for which a plat has not been approved and recorded in the manner prescribed herein shall be issued, nor shall a building permit be issued until site improvements are installed or such installation is properly guaranteed.
(Ord. 849. Passed 3-12-73.)
1159.99 PENALTY.
Whoever violates any provision of these Subdivision Regulations shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than ten days or both. Each day such violation is committed shall constitute a separate offense.
(Ord. 849. Passed 3-12-73.)
CHAPTER 1163
Procedure for Plat Approval
Procedure for Plat Approval
1163.01 Submission and approval of preliminary plan.
1163.02 Submission and approval of final plat.
CROSS REFERENCES
Plat acknowledgment and recording – see Ohio R.C. 711.06
Engineer to approve plats; inspection of streets and acceptance – see Ohio R.C. 711.08, 711.091
Plat approval by planning authority; minimum lot area – see Ohio R.C. 711.09
Planning authority approval without plat – see Ohio R.C. 711.131
1163.01 SUBMISSION AND APPROVAL OF PRELIMINARY PLAN.
(a) Submission of Preliminary Plan. Prior to subdividing or resubdividing land within the jurisdiction of these Subdivision Regulations, the developer shall submit four prints of a preliminary plan of the proposed subdivision to the Clerk of the Planning Commission not less than seven days prior to a regular meeting of the Commission. The preliminary plan shall be for the purpose of preliminary discussion, and it shall include the information and plans specified in Section 1167.01, of these Subdivision Regulations, except as provided in subsection (c) hereof.
(b) Determination of Minor Subdivision. If the Clerk of the Planning Commission determines that the proposed subdivision of land:
(1) Adjoins an existing public street and does not involve opening, widening, extension or improvement of any roadway or the installation of any public utility;
(2) Creates no more than five lots;
(3) Does not adversely affect adjoining tracts of land; and
(4) Complies with the Zoning Ordinance and other pertinent ordinances of the Village than it shall be classified as a minor subdivision.
(c) Approval of Preliminary Plan for Minor Subdivision. If a subdivision is classified as a minor subdivision, only information as is determined necessary by the Clerk to ascertain the compliance of the subdivision with pertinent platting, zoning and other regulations need be submitted in support for the requested approval. The Clerk shall approve or disapprove such minor subdivision within seven days after it has been submitted by indicating upon the preliminary plan “Approved or Disapproved, Byesville Planning Com- mission.” Three copies of the preliminary plan with the approval noted thereon shall be retained for the files of the Village Engineer. The decision of the Clerk may be appealed in writing to the Planning Commission.
(d) Recording Minor Subdivision. After approval of a minor subdivision preliminary plan by the Clerk of the Planning Commission, the developer or subdivider may submit a deed or deeds describing lots by metes and bounds which shall conform to the approved preliminary plan. The Clerk of the Planning Commission shall approve such conveyances if they conform to the preliminary plan by noting on such deeds the words “Approved, Byesville Planning Commission”.
(e) Approval of Preliminary Plan for Major Subdivision. A preliminary plan shall be presented to the Planning Commission by the Clerk at the Commission’s first regular meeting held at least seven days after submission of the preliminary plan to the Clerk by the subdivider. Such presentation shall represent the date of filing. The Planning Commission shall act upon the preliminary plan filed within thirty days from the date of its initial consideration at a regular Planning Commission meeting or within such further time as agreed to by the applicant. If the Commission acts favorably, the Clerk shall sign the plan and return one copy to the developer. If the Commission acts unfavorably, the reasons for such action shall be stated in writing along with conditions necessary for approval of the preliminary plan.
(1) After filing of the preliminary plan, the Planning Commission shall forward copies of the plan to those officials, agencies and organizations which may have an interest in such plan for review, recommendations and comments.
(2) Approval of the preliminary plan shall confer upon the subdivider the right for a two year period from the date of approval that the general terms and conditions under which preliminary approval was granted will not be changed and that within the two year period the whole, part or parts of the subdivision may be submitted for final approval.
(3) A preliminary plan shall not be approved unless the Planning Commission finds that:
A. All the applicable provisions of the Zoning Ordinance, these Regulations and other codes of the Village are complied with, and
B. The subdivision can be adequately served with public facilities and services suitable in the circumstances, and
C. All land intended for building sites can be used safely and without endangering the health and safety of the residents by peril from floods, erosion, continuously high water table, poor soil conditions or other menace.
(Ord. 849. Passed 3-12-73.)
1163.02 SUBMISSION AND APPROVAL OF FINAL PLAT.
(a) General Requirements. The final plat of the subdivision shall be a comprehensive plan of the development. It shall incorporate all modifications required by the Planning Commission and otherwise conform to the preliminary plan as approved. The developer may submit a final plat of only that portion of an approved preliminary plan which he proposes to develop and record at the time provided, however, that such portion conforms to all provisions of these Subdivision Regulations.
(b) Plans and Specifications for Site Improvements. Prior to submission of a final plat the developer shall prepare construction plans, specifications and cost estimates of the required site improvements as outlined in Section 1175.03, and submit four copies to the Commission which shall transmit a copy to the Village Engineer for determination of compliance with the standard specifications for the Village. No final plat shall be approved unless the site improvement plans are approved by the Village Engineer.
(c) Construction of Improvements or Performance Guarantees. The developer may install, construct, have inspected and approved by the Village Engineer all required site improvements prior to submitting application for approval of a final plat, or he may furnish satisfactory performance guarantees for such improvement construction subject to the provisions of Chapter 1175.
(d) Application for Approval of Final Plat. Application for approval of the final plat shall be submitted in writing to the Clerk of the Commission at least seven days prior to a regularly scheduled meeting, together with the tracing and three prints of the final plat and such other maps and data as specified in Section 1167.02. The application shall be submitted within two years after approval of the preliminary plan, otherwise approval of the preliminary plan will become null and void unless an extension is granted by the Commission. The Clerk shall submit the application to the Commission at its next regularly scheduled meeting, which shall be the date of filing of the final plat.
(e) Action of the Planning Commission. If the final plat as submitted to the Commission at a regularly scheduled meeting is correct in regard to the provisions of these Subdivision Regulations, conforms to the preliminary plan with such changes as required by the Commission, and if satisfactory provision is made as outlined in Chapter 1175 regarding site improvements, the Commission shall approve the plat within thirty days after its filing, or such further time as agreed to by the developer. If the Commission fails to act upon the final plat within the time allotted, the plat shall be considered as approved. The approval of the final plat shall be indicated in writing on the original tracing by the signature of the Clerk. Reasons for disapproval of a final plat shall be stated in the records of the Commission.
(f) Acceptance of Public Land. If land is to be dedicated to the public use, the plat shall contain appropriate statements indicating such dedications with a provision for acceptance by the Village.
(g) Recording. The final plat shall be filed and recorded by the developer in the office of the County Recorder within sixty days following approval by the Commission. If the developer fails to file the plat within such period, the approval by the Commission shall be null and void. If any change is made in the final plat after approval of the Commission, the approval shall be null and void. After recording the final plat, transfer of ownership may take place. The developer shall furnish the Village with the original tracing and four prints of the final plat containing indication of approval by all pertinent parties and the recording of the plat.
(Ord. 849. Passed 3-12-73.)
CHAPTER 1167
Plans and Plats Specifications
Plans and Plats Specifications
1167.01 Preliminary plan.
1167.02 Final plat.
CROSS REFERENCES
Plan and contents – see Ohio R.C. 711.01 et seq.
Lot numbering and revision – see Ohio R.C. 711.02, 711.06, 711.28 et seq.
1167.01 PRELIMINARY PLAN.
The subdivider shall submit with his application for approval of a preliminary plan of a major subdivision the following maps, data and plans:
(a) Maps and Data.
(1) Vicinity or location map. A map showing location of the tract to be subdivided and its relationship to the entire tract, to adjacent property of the same ownership, adjacent developments, schools, playgrounds, parks and other community facilities.
(2) Property line maps. A map showing bearings and distances of the boundaries of the tract to be subdivided; location, width and purpose of easements; the name, width and location of existing or platted streets; and location of pavements and sidewalks on adjoining property.
(3) Utility map. A map showing location and size of existing water and gas lines; location, size and invert elevation of existing sanitary and storm sewers, fire hydrants, electric and telephone poles; and the direction and distance to water mains and sewer lines if not located on or adjacent to the tract of land to be subdivided.
(4) Topographic map. A map showing ground elevations with existing contours shown at intervals of not more than five feet where the slope is greater than ten percent and not more than two feet where the slope is less than ten percent. Elevations are to be based on mean sea level datum as established by USGS.
(5) Other information.
A. The location and results of tests made to ascertain subsurface soil conditions shall be shown if required by the Commission. Location and results of soil percolation tests shall be indicated if individual sewage disposal systems are proposed.
B. Watercourses, marshes, rock outcrop, wooded areas, isolated preservable trees, houses and other structures shall be shown.
C. Approximate direction and gradient of ground slope of adjacent properties, including embankments and retaining walls, character and location of buildings, railroads, powerlines, towers and other nearby nonresidential land uses or adverse influences and the names of owners of adjacent lands shall be shown.
D. Zoning of the tract to be subdivided and adjacent properties shall be indicated.
E. Proposed public improvements such as highways or other projects planned by public authorities for future construction on or near the tract shall be shown.
(6) Titles and certificates. The name of the proposed subdivision shall be shown; also names and addresses of owners, a notation stating acreage, scale, north arrow, benchmarks, certification of registered civil engineer and a registered surveyor and date of survey shall also be included.
(b) Preliminary Plan. The subdivision plan shall be shown on a map with a scale of not less than one hundred feet to one inch. The plan shall be accurately and clearly drawn and shall show all proposals, including the following:
(1) Streets: The layout, right of way and pavement widths, approximate grades, names.
(2) Other rights of way or easements; location, width and purposes.
(3) Lots: Lot lines, dimensions and numbers.
(4) Sites, if any, for multi-family dwellings, institutions, business or industrial uses.
(5) Sites, if any, to be reserved or dedicated for parks, playgrounds, schools or other public uses.
(6) Minimum building setback lines.
(7) Title, scale, north point and date.
(8) Preliminary or general plan for public utilities.
(c) When application is made for approval of the preliminary plan of a minor subdivision as outlined in these Subdivision Regulations, the Planning Commission may require only such maps, plans and data as are necessary in order to ascertain compliance with the general spirit and intent of these regulations.
(Ord. 849. Passed 3-12-73.)
1167.02 FINAL PLAT.
The developer shall furnish, with application for approval of a final plat of a subdivision, the following:
(a) Final plat shall be drawn and signed in India ink on tracing cloth at a scale preferably fifty feet to one inch, and not more than one hundred feet to one inch. Sheets shall be twenty-four inches by thirty-six inches in size. The final plat shall show or be accompanied by the following:
(1) Boundary lines, center lines and right of way lines of streets, easements and other rights of way, natural watercourses, corporation lines and property lines of all lots and parcels with accurate dimensions, bearings or deflection angles, and radii, arcs and chords of all curves.
(2) Control points to which all dimensions, angles and bearings are to be referred.
(3) Name and width of each street within proposed subdivision and those adjoining, and other rights of way.
(4) Location, dimension and purpose of an easement.
(5) Identifying number or letter, in progressive order, for each lot or parcel.
(6) Purpose for which any parcels, other than residential lots are dedicated or reserved.
(7) Location and description of monuments.
(8) Names of recorded owners of adjoining unplatted land.
(9) Reference to subdivision plats of adjoining platted land by name, volume and page of record.
(10) Certification and seal by registered surveyor.
(11) Acceptance and adoption of plat by owner.
(12) Statement by owner dedicating streets, rights of way and any sites for public use or reserved by deed covenants for common use of all property owners.
(13) Name of subdivision, municipality, county, state, original township section, tract or lot, scale, north arrow, date.
(14) Forms for certification of approval as prescribed by the Planning Commission and County officials as may be required.
(15) Minimum building setback lines on all lots and other sites.
(16) Sufficient permanent monuments shall be set in the streets, two feet below the finished surface and tied together with United States standard units of measurement so that any relocation of any lot will not be uncertain by more than two inches. In commercial areas the location of any lot will not be uncertain by more than one-half inch. Permanent monuments shall be tied to the Ohio Plane Coordinate System.
(b) Certification by the Village Engineer stating that the developer has either installed all site improvements in accordance with the requirements of these Subdivision Regulations or posted financial guarantees in sufficient amount to insure completion of all required improvements within the time limits specified, shall accompany the application for approval of the final plat.
(c) The Planning Commission may require submission of such other information as it deems reasonable and necessary for the enforcement of these Regulations.
(Ord. 849. Passed 3-12-73.)
CHAPTER 1171
Design Standards
Design Standards
1171.01 General.
1171.02 Streets.
1171.03 Easements.
1171.04 Blocks.
1171.05 Lots.
1171.06 Sites for public uses.
CROSS REFERENCES
Fee of designated public land to vest when plat recorded – see Ohio R.C. 711.07, 711.11
Minimum lot area – see Ohio R.C. 711.09
Required improvements – see P. & Z. Ch. 1175
1171.01 GENERAL.
The proposed subdivision shall be guided by the Comprehensive Master Plan and official maps of the Village. All of the improvements shall be carried out in full compliance with the provisions stated herein.
(Ord. 849. Passed 3-12-73.)
1171.02 STREETS.
(a) The arrangement of streets shall be considered in their relation to existing and planned streets, to topographical conditions, and to public convenience and safety and in their appropriate relation to proposed uses of land to be served by such streets. The arrangement shall make provision for the continuation of the principal existing streets in adjoining areas or their proper projection where adjoining land is not subdivided.
(b) Street arrangement shall be such as not to cause hardship to owners of adjoining property when they plat their own land and seek to provide convenient access to it. Minor residential streets shall be so designed as to discourage through traffic.
(c) Where a subdivision abuts or contains an existing or proposed arterial street, the Planning Commission may require marginal access streets or such other treatment, as the fronting of all lots on minor side streets, to provide for a separation of through and local traffic and to protect residential property.
(d) Where a subdivision borders on or contains a railroad right of way or limited access highway right of way, the Planning Commission may require a marginal access street approximately parallel to and on each side of such right of way at a distance suitable for appropriate use of the intervening land.
(e) Reserve strips controlling access to streets shall be prohibited, except where their control is definitely placed in the Village under conditions approved by the Planning Commission.
(f) Streets shall be arranged to cause the least possible interference with the movement of traffic on adjoining roads. In general, minor streets shall be located not less than 125 feet from the intersection of two arterial or collector streets, measured from the center line.
(g) A tangent at least 100 feet long shall be introduced between reverse curves or arterial or collector streets. Where connecting street lines deflect from each other by more than ten degrees, they shall be connected by a curve with a radius of not less than 300 feet for arterial or collector streets, and not less than 200 feet for minor streets, all radial lines measured to the centerline of the street.
(h) Streets shall be designed to intersect as nearly as possible at ninety degrees, and no street shall intersect another at less than sixty degrees. street jogs with centerline offsets of less than 125 feet shall be avoided.
(i) Property lines at street intersections shall be rounded with a radius of at least ten feet or more where the Commission deems it necessary.
(j) Minimum street right of way widths shall be as follows:
Arterial Streets – fifty feet to eighty feet, depending upon function and design of roadway as determined by the Planning Commission.
Collector Street – 40 feet.
Minor Street – 20 feet
Alley – 20 feet.
Marginal Access Street – 50 feet
Cul-de-sac – 50 feet, with turn around diameter of 100 feet.
(k) Half streets shall be prohibited except where essential to the reasonable development of the subdivision in conformity with the other requirements of these Subdivision Regulations, and where the Planning Commission finds it will be practicable to require dedication of the other half when the adjoining property is subdivided.
(l) Dead end streets, cul-de-sacs, designed to be so permanently, shall not be longer than 500 feet and shall be provided at the closed end with a turn around having an outside right of way diameter of 100 feet.
(m) No street names shall be used which will duplicate or be confused with the names of existing streets. Street names shall be subject to the approval of the Commission.
(n) Grades of arterial and secondary streets shall not exceed five percent and grades of minor streets shall not exceed ten percent. Street grades shall not be less than 0.4 percent in order to provide adequate drainage. All changes in grade shall be connected by vertical curves of sufficient radius to provide a smooth transition and proper sight lines for vehicular operations of not less than 200 feet.
(o) Alleys shall be provided in commercial and industrial districts except that the Commission may waive this requirement where other definite and assured provision is made for service access. Dead end alleys shall be avoided where possible, but if unavoidable, shall be provided with adequate turn-around facilities at the dead end, as determined by the Committee. (Ord. 849. Passed 3-12-73.)
1171.03 EASEMENTS.
Easements across lots or centered on rear or side lot lines shall be provided for utilities wherever necessary and shall be at least ten feet wide. Where a subdivision is traversed by a watercourse, drainage way, channel or stream, there shall be provided a storm water easement or drainage right of way conforming substantially with the lines of such watercourse and such further width as will be adequate for the purpose. Parallel streets or parkways may be acquired in connection therewith.
(Ord. 849. Passed 3-12-73.)
1171.04 BLOCKS.
(a) The lengths, widths and shapes of blocks shall be determined with due regard to provision of adequate building sites suitable to the needs of the type of use contemplated, zoning requirements as to lot sizes and dimensions, needs for convenient access, circulation, control and safety of street traffic and limitations of topography.
(b) Block lengths shall not exceed 1600 feet or be less than 400 feet.
(c) Pedestrian rights of way not less than ten feet wide shall be required where deemed necessary to provide circulation or access to schools, playgrounds or other community facilities. (Ord. 849. Passed 3-12-73.)
1171.05 LOTS.
(a) The lot size, width, depth, shape and orientation and the minimum building setback lines shall be appropriate for the location of the subdivision and for the type of development and use contemplated.
(b) Lot dimensions and area shall conform to the requirements of the Zoning Ordinance, except that:
(1) Residential lots outside the corporation limits which cannot be served reasonably by public sanitary sewers or which are not within reasonable distance of available public water supply shall have a minimum width of 100 feet, measured at the building setback line and a minimum area of 20,000 square feet, unless higher standards are required by the Board of Health having jurisdiction. Standards established by the appropriate Board of Health shall apply to areas within 2000 feet of a public water supply.
(2) Residential lots which are located outside the zoning control of the Village but which are served by public water and sewer systems shall have a minimum width at the building setback line of seventy-five feet and an area no less than 10,000 square feet.
(c) Corner lots for residential use shall have extra width to permit appropriate building setback from and orientation to both streets.
(d) The subdividing of the land shall be such as to provide, by means of public street, each lot with satisfactory access to an existing public street.
(e) Double frontage and reverse frontage lots should be avoided except where essential to provide separation of residential development from traffic arteries or to overcome specific disadvantages of topography and orientation. A planting screen easement of at least ten feet, and across which there shall be no right of access shall be provided along the line of lots abutting such a traffic artery or other disadvantageous use.
(f) Side lot lines shall be substantially at right angles or radial to street lines.
(g) The average depth of a residential lot shall be not more than three and one-half times the width of the lot, measured at the building setback line.
(h) Where the subdivided area is not under zoning control and is to be used for residential purposes, the subdivider shall establish building lines in accordance with the character of the development, but in no case shall the front building line be less than thirty feet from the right of way or roadway easement of the street or thoroughfare upon which the lot fronts. Restrictions requiring buildings to be set back of such building lines shall be shown on the plat.
(Ord. 849. Passed 3-12-73.)
1171.06 SITES FOR PUBLIC USES.
(a) Where a proposed park, playground, school or other public use shown in the comprehensive plan is located in whole or in part in a subdivision, the Planning Commission may require the reservation of such area within the subdivision in those cases in which the Planning Commission deems such requirements to be reasonable. Such sites shall be reserved for acquisition by the proper agency for a period of three years.
(b) Where deemed essential by the Planning Commission, upon consideration of the particular type of development proposed in the subdivision, and especially in large scale neighborhood unit developments not anticipated in the comprehensive plan, the Planning Commission may require reservation of such other areas or sites of a character, extent and location suitable to the needs created by such development for schools, parks and other community purposes.
(c) The proprietor of each new subdivision as a prerequisite to the approval of the final plat, shall pay a public use fee into the General Fund of the Village. The fee shall be computed as follows: For each lot shown on such plat which is intended for single-family residence use, the sum of twenty-five dollars ($25.00); for each lot intended for multi-dwelling use, the sum of twenty-five dollars ($25.00); for each dwelling unit permitted to be constructed thereon under applicable regulations of the Zoning Ordinance. The fees collected shall be used for the acquisition or improvement of municipal parks, playgrounds and/or land for other public purposes exclusively, and for no other purpose.
(d) In lieu of payment of the above public use fee, the Planning Commission may accept the dedication for public use of open spaces constituting a reasonable proportion of the gross acreage of the subdivision, suitably located and of adequate size. However, in no event shall the aggregate value of such dedicated land be less than the equivalent public use fee otherwise payable and computed in accordance with the above established formula.
(Ord. 849. Passed 3-12-73.)
CHAPTER 1175
Improvements
Improvements
1175.01 Installation required; exception; off-site improvements.
1175.02 Monuments.
1175.03 Required improvements.
1175.04 Performance guarantees.
CROSS REFERENCES
Cornerstones and permanent markers – see Ohio R.C. 711.03, 711.14
Drainage – see S.U. & P.S. 905.01
Sidewalk material- see S.U. & P.S. 909.01
Water connections – see S.U. & P.S. 941.02
Sewers – see S.U. & P.S. Ch. 945
1175.01 INSTALLATION REQUIRED; EXCEPTION; OFF-SITE IMPROVEMENTS.
All site improvements shall be installed, or in lieu thereof, adequate guarantees to install such improvements shall be made by the developer in accordance with all the provisions of these Subdivision Regulations before a final plat shall be approved. Improvements shall be installed as required by the Village.
The construction of off-site improvements to serve the proposed subdivision may be required of the developer if improvements are not available at the boundary of such subdivision. The developer shall be required to extend improvements, excluding water and sanitary sewer lines, to the boundary of the proposed subdivision to serve adjoining unsubdivided land.
(Ord. 849. Passed 3-12-73.)
1175.02 MONUMENTS.
Monuments shall be placed at all block corners, angle points, points of curvature in streets and at intermediate points as shall be required by the Village Engineer. The monuments shall be of such material, size and length as may be approved by the Village Engineer.
(Ord. 849. Passed 3-12-73.)
1175.03 REQUIRED IMPROVEMENTS.
The owner or developer shall provide the following improvements: streets graded full width, paving, curbs, gutters and drainage structures; sanitary sewers, sewer laterals and all other necessary appurtenances; a loop type water distribution system including mains, services, valves and fire hydrants; sidewalks including sidewalks for any access walkways included in the subdivision, storm sewers and necessary appurtenances; and street name signs. Street lighting facilities shall be provided in accord with current Village regulations pertaining thereto.
(a) The following pavement widths, including curbs, shall apply for the type of street indicated:
Arterial Streets – 40 feet to 54 feet as determined by the Planning Commission.
Collector – 36 feet to 40 feet
Minor Street – 26 feet
Alleys – 20 feet
Cul-de-sac – 26 feet with paved turnaround radius of 40 feet.
(b) Within the corporate limits of the Village, each lot shall be serviced by a public sanitary sewer system. Where public or community water and sanitary sewer systems are accessible, each lot shall be serviced by the public or community water and sewerage systems.
(c) If, within the Village, temporary measures for providing sanitary sewer facilities are approved by the Planning Commission, such temporary measures shall include but are not limited to installation of package sewer treatment plants, lift stations, temporary sewer lines or force mains which direct flow to sewers not planned to receive such flow. Lands within such subdivision shall be subject to future assessments for relieving the temporary sanitary sewer measures and proper waivers shall be noted on the subdivision plans and plats and in the conveyance of such lands indicating such possible future assessments.
(d) The design and construction of all utility, street, storm sewer and sidewalk improvements shall be in accord with the standard specifications for the Village. All improvements shall be designed in consideration of the needs of adjoining undeveloped areas and shall extend to the boundary of the tract or be available for extension. Plans and specifications for such improvements shall be reviewed and approved by the Village Engineer and the installation shall be inspected by the Village Engineer. Developments within the three mile jurisdiction shall be re- viewed and approved by the County Engineer.
(e) Drainage and Grading. The entire development shall be graded so that the surface of the ground and paved areas of each lot will drain onto the street, into a storm sewer, or into a natural drainage way without causing injury to adjoining lots.
(f) Trees. Trees when planted in the street right of way shall be planted at locations and at intervals so as to cause the least possible interference with street lighting, underground utilities and traffic visibility at intersections. The species, size and location shall be approved by the Commission.
(Ord. 849. Passed 3-12-73.)
1175.04 PERFORMANCE GUARANTEES.
(a) The developer may execute and file with the Village or with the County, as the case may be, financial guarantees, in lieu of actual installation or completion of the required site improvements, concurrently with the application for approval of the final plat. Such guarantees may be one or a combination of the following: performance or surety bond, cash deposit, certified check, or negotiable bonds or such other guarantee as is acceptable to the Village. He shall also post a satisfactory guarantee of payment of all inspection fees for inspection of such improvements by the Village or County, whichever jurisdiction shall inspect the improvements. The guarantee shall assure completion of required improvements within one year from approval of the final plat or such other period of time as determined by the Commission.
(b) The Village Solicitor shall approve the form of the performance guarantee.
(c) The amount of a cash deposit, certified check, or negotiable bond performance guarantee shall be an amount equal to one-half of the estimated cost of the improvements to be installed. The amount of any other performance guarantee shall be an amount equal to the entire estimated cost of the improvements to be installed. Such costs shall be determined by the Village Engineer upon submission of cost estimates by the developer. When any portion of an improvement has been completed to the satisfaction of the Village Engineer, a reduction in the amount of the performance guarantee may be authorized, such reduction representing no more than the cost of that portion of the improvement completed.
(d) In the event that the developer fails to complete all improvements within the time specified in the performance guarantee, the Village, after giving proper notice to the developer, may complete the same and appropriate such portion of money or bonds posted for the performance of such work as is necessary to pay for completion of the improvements.
(e) No building occupancy shall be permitted until improvements are complete and accepted by the Village.
(f) Release of performance guarantees shall be made only after the Village has approved the site improvements and after a maintenance bond in the amount of three percent of the improvement costs is furnished the Village, assuring that the contractor and/or the developer shall repair and maintain any defects in the improvements for a period of one year after approval of the site improvements by the Village. Release of guarantees securing payment of inspection fees shall not be made until such time as all fees are paid the Village.
(Ord. 849. Passed 3-12-73.)
CODIFIED ORDINANCES OF BYESVILLE
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