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A proposed development or subdivision shall conform to the Master Plan, where available, and the Zoning Map, except as otherwise provided in these Subdivision Regulations. Public ways not contained on the Master Plan shall conform to the recommendations of the Planning Commission and the design standards of the City. No final development plan or final plat shall be approved unless it conforms with this Planning and Zoning Code.
(Ord. 58-01. Passed 5-29-01.)
(a) If the Planning Commission finds that land proposed for development or to be subdivided is unsuitable due to flooding, bad drainage, steep slopes, rock formations and other such conditions as may increase the danger to health, life or property or aggravate erosion or flood hazards, and if, from adequate investigations conducted by all the public agencies concerned, it is determined that, in the best interest of the public, the land should not be developed or platted and developed for the purpose proposed, the Commission shall not approve such land for development or subdivision unless adequate methods are formulated by the developer or subdivider for meeting the problems created by such development or subdivision of land.
(b) The Commission may refuse to approve what it considers to be a scattered or premature development or subdivision of land which may involve danger or injury to the public health, safety, welfare or prosperity by reason of lack of adequate water supply, schools, proper drainage, good roads and transportation facilities or other public services, or which would necessitate an excessive expenditure of public funds for the supply of such services, such as undue maintenance costs for adequate roads.
(Ord. 58-01. Passed 5-29-01.)
(a) Streets Generally. The arrangement, character, extent, width, grade and location of all streets shall conform to the Master Plan and the Zoning Map, and shall be considered in their relation to other existing and planned streets, topographical conditions and public convenience and safety, and in their appropriate relation to the proposed uses of land to be served and/or abutted by such streets. The following regulations shall govern the design and layout of streets:
(1) Where such is not shown on the Master Plan or the Zoning Map, the arrangement of streets in a development or a subdivision shall either:
A. Provide for the continuation or appropriate projection of existing principal streets in surrounding areas; or
B. Conform to a plan for the neighborhood, approved or adopted by the Planning Commission, to meet a particular situation where topographical or other conditions make continuance or conformity to existing streets impractical.
(2) Local streets shall be so laid out that their use by through traffic will be discouraged.
(3) Where a development or a subdivision abuts or contains an existing or proposed freeway, arterial street or controlled access highway, the Commission may require marginal access streets, reverse frontage lots with screen planting contained in a non-access reservation along the rear property line, deep lots with or without rear service alleys, or such other treatment as may be necessary for adequate protection of residential properties, and to afford separation of through and local traffic.
(4) Where a development or subdivision borders on or contains a railroad right-of-way or a controlled access highway right-of-way, the Commission may require a street approximately parallel to and on each side of such rights-of-way at a distance suitable for the appropriate use of the intervening land, as for park purposes in residential districts or for commercial and industrial purposes in appropriate districts. Such distances shall also be determined with regard for the requirements of approach grades and future grade separation.
(5) Any development or subdivision adjacent to a street which has been designed as a controlled access street shall be laid out in such a manner that access will be afforded from the controlled access street at intervals of not less than 2,000 feet, except that proper pedestrian access may be required at intermediate points.
(6) Reserve strips controlling access to streets, abutting land, water plants, sewage treatment plants or other land dedicated or to be dedicated to public use are prohibited, except where their control is definitely placed in the Municipality under conditions approved by the Commission.
(7) Street jogs with centerline offsets of less than 125 feet shall be avoided. Where streets intersect arterial and collector streets, their alignment shall be continuous.
(8) When connecting street lines deflect from each other at any one point, such lines shall be connected by a horizontal curve with a radius suitable for the anticipated speed limit of such streets.
(9) Unless otherwise approved by the Planning Commission, streets shall be laid out so as to intersect at right angles, and no more than two streets shall intersect at one point.
(10) The property line and curb radii at a street intersection shall be rounded with a minimum radius of 30 feet.
(11) The dedication of the right-of-way for a new street, measured from lot line to lot line, shall be shown on the Major Thoroughfare Plan or, if not shown thereon, shall meet the standards set forth in Schedule 124604(a)(12).
(12) Right-of-way widths shall comply with the City Construction Standards as set forth in Schedule 1246.04(a)(12) below:
Schedule 1246.04(a)(12) MINIMUM RIGHT-OF-WAY WIDTH | |
Type
| Minimum Right-of-Way Width (ft.)(a) |
Arterial | 100 |
Collector | 80 |
Residential cul-de-sac | 67 feet, with a width of 134 feet minimum diameter at the turn around |
Commercial cul-de-sac | 72 feet, with a 144 feet minimum diameter at the turn around |
Local | 60 |
Easements | 20, or as required |
(a) In cases where topography or other physical conditions make the required minimum width impractical, the Commission may modify these requirements. | |
(13) Pavement widths shall comply with the City Construction Standards as set forth in Schedule 1246.04(a)(13) below:
Schedule 1246.04(a)(13) Minimum Pavement Width | |
Type
| Minimum Pavement Width (ft.)(a) |
Schedule 1246.04(a)(13) Minimum Pavement Width | |
Type
| Minimum Pavement Width (ft.)(a) |
Arterial | 48 |
Collector | 24, plus 4 feet for curb and gutter |
Residential cul-de-sac | 50, with a 100-foot terminal diameter |
Commercial cul-de-sac | 55, with a 110-foot terminal diameter |
Temporary cul-de-sac | 30, with a 60-foot terminal diameter |
Local | 22, plus 4 feet for curb and gutter |
Sidewalk | 4 |
(a) In cases where topography or other physical conditions make the required minimum width impractical, the Commission may modify these requirements. | |
(14) The maximum length of cul-de-sacs shall be 600 feet or longer where necessitated by the proper configuration and approved by the Commission
(15) All point-of-access streets shall be as approved by the Commission.
(16) The construction or improvement of one side of a street (also referred to as a "half street") is prohibited.
(17) Where a street terminates at the property line of a proposed development or subdivision for the specific purpose of serving the adjacent undeveloped or unplatted lands, the developer or subdivider shall construct a suitable turnaround.
(18) Street names and signs shall comply with Section 1248.13.
(19) Street grades, where feasible, shall not exceed grades set forth in Schedule 1246.04(a)(19).
Schedule 1246.04(a)(19) MAXIMUM STREET GRADE | ||
Street Type
|
Maximum (percent)
|
Minimum (percent)
|
Arterial | 5 | .40 |
Collector | 6 | .40 |
Cul-de-sac | 7 | .40 |
Local | 7 | .40 |
(20) Changes in street grades shall be connected by vertical curves. Where the algebraic difference exceeds 2%, the minimum length of a vertical curve shall be 100 feet.
(21) To ensure the proper entrance of police, fire and service vehicles of the City, all private streets, lanes, etc., shall be constructed in conformity with these Subdivision Regulations, unless specific standards are included in the district regulations.
(22) No island(s) shall be constructed in any cul-de-sac.
(b) Dead End Street. A permanent dead-end street is not permitted, except when it is a part of a continuing street plan, and only if a temporary turnaround, satisfactory to the Commission in design, is provided, and provisions for maintenance and removal are advanced. A temporary dead-end street longer than 150 feet is not permitted, unless approved by Planning Commission.
(c) Streets for Business, Office and Industrial Developments and Residential Subdivisions. Streets serving business developments and accessory parking areas shall be planned to connect with arterial streets so as not to generate traffic on local streets. The intersections of driveways with arterial or collector streets shall be located so as to cause the least possible interference with traffic movement. The Commission may require marginal access streets to provide maximum safety and convenience.
(d) Streets for Industrial Developments or Subdivisions. Collector streets for industrial developments or subdivisions shall be planned to serve industrial areas exclusively and shall connect with arterial streets so that no industrial traffic will be directed into any residential street. The intersections of service streets with arterial or collector streets shall not be less than 100 feet from the intersection of the arterial or collector street with any other street. Streets shall be planned to be extended to the boundaries of any adjoining land planned for industry, except in the case of severe physical conditions, or if the Commission finds such extension is not in accordance with the approved plan of the area.
(e) Arterial and Collector Streets. Arterial and collector streets are identified as such on the Major Thoroughfare Plan as follows:
(1) Arterial Streets: Center Road, Detroit Road, Colorado Road, Just Imagine Drive, Miller Road, Mills Road, Chester Road, Nagel Road (north of Detroit Road), and Jaycox Road, (north of 1-90).
(2) Collector Streets: Avon Commerce Parkway, Camelot Road, Case Road, Chester Road, French Creek Road, Jaycox Road (south of I-90), Long Road, Middleton Road, Moore Road (north of Chester Road), Nagel Road (south of Detroit Road), Napa Boulevard, Reigelsberger Road, Schwartz Road, South Park Drive and Stoney Ridge Road.
(3) Streets designated as arterial or collector streets in the Major Thoroughfare Plan pursuant to this division may be changed by recommendation of the Planning Commission and approval by Council.
(f) Streets in a Western Reserve Development. Streets approved within a Western Reserve Development shall be 22 feet in width and shall not require gutters or curbs. However, any street that joins or connects with an arterial or collector street shall comply with the design standards as set forth in Schedule 1246.04
(a)(13).
(Ord. 58-01. Passed 5-29-01; Ord. 160-02. Passed 11-25-02; Ord. 176-02. Passed 11-12-02; Ord. 190-03. Passed 10-14-03; Ord. 136-05. Passed 10-24-05; Ord. 98-09. Passed 9-14-09; Ord. 37-12. Passed 6-11-12; Ord. 37-17. Passed 5-8-17; Ord. 111-20. Passed 1-11-21.)
(a) Sidewalks. All sidewalks shall comply with the following regulations:
(1) Sidewalks are required to be constructed on both sides of a street in all subdivisions. Sidewalks are also required in front of all structures built in a residential, office, commercial or industrial zoning district.
(2) The following sidewalk pavement design standards are required;
A. Five feet for a subdivision/development in an R-1 or R-2 Single-Family Residential District and in an industrial district.
B. Five feet for an R-3, commercial or office district subdivision/development.
(3) Sidewalks are to be constructed at the time of completion of the residential, office, commercial or industrial structure on the premises and prior to the issuance of an occupancy permit. If inclement weather or other conditions makes it impossible or impractical to construct sidewalks at the time of completion of the major improvements, the Building Inspector may, at his or her discretion, issue an occupancy permit.
(4) Existing streets without sidewalks shall be subject to the installation of sidewalks when 75% of front-footage fronting on the street is developed. Only that side of the street which meets this criterion shall be required to install sidewalks. The length to be considered shall be from one discernible point, such as a street end, street intersection, bridge or other land feature, to another such point. Priority shall be given to streets providing pedestrian access to schools, churches, libraries, parks and other public buildings.
(5) Parcels exceeding 200 feet in frontage and used solely for agriculture shall be exempt from this regulation. However, such frontage shall be included in the percentage calculation noted above.
(6) Other nonresidential uses in residential districts shall be subject to this regulation.
(b) Walking Paths and Trails.
(1) Walking paths and trails may be required to be installed or land may be required to be set aside for the future development of a walking path or trail when improvements are located in an area where there is a planned walking path or trail as shown on the City Zoning Map, dated August of 1999.
(2) Walking paths and trails shall be eight feet in width.
(c) Bicycle Paths. The construction of bicycle paths shall comply with the City Construction Standards.
(Ord. 58-01. Passed 5-29-01; Ord. 52-09. Passed 5-26-09; Ord. 110-20. Passed 1-11- 21.)
The following regulations shall govern the design and layout of blocks:
(a) The arrangement of blocks shall be such as to conform to the street planning criteria set forth in Section 1246.04 to accommodate lots and building sites of the size and character required for the particular zoning district, as set forth in these Subdivision Regulations or this Planning and Zoning Code, and to provide for required community facilities.
(b) Irregularly shaped blocks, those intended for cul-de-sacs or loop streets, and those containing interior parks or playgrounds, may be approved by the Commission if properly designed and located, and if the maintenance of interior public spaces is covered by agreements.
(c) No block shall be more than 1,500 feet or less than 400 feet in length, and the block width shall accommodate two tiers of lots, except where unusual topography or other exceptional physical circumstances exist.
(d) Where blocks are more than 900 feet in length, a walkway easement extending across the block not less than ten feet in width at or near the halfway point may be required, if necessary, to provide proper access to schools, recreational areas, shopping centers and other facilities.
(Ord. 58-01. Passed 5-29-01.)
All lots shall front on either a public or private street.
(a) Public Streets. Unless otherwise specified in this Planning and Zoning Code, the following regulations shall govern the design and layout of lots fronting on public streets:
(1) The lot arrangement and design shall be such that all lots will provide satisfactory building sites, properly related to the topography and the character of the surrounding development.
(2) All lots shall conform to or exceed the requirements of these Subdivision Regulations and the zoning district requirements for the district in which they are located and the use for which they are intended.
(3) All side lot lines shall be at right angles to street lines and radial to curved street lines, except where the Planning Commission determines that a variation to this rule would provide a better layout.
(4) Lots with double frontage shall be avoided except where the Commission determines that is essential to provide for the separation of a residential development from arterial streets to overcome a specific disadvantage due to orientation or topography.
(5) No lot shall have an average depth which is more than four times its average width. This requirement may be waived by the Planning Commission for minor lot splits, due to the unique nature of the property.
(6) Lots shall follow the City boundary lines, whenever practical, rather than cross them.
(7) When land is subdivided into parcels larger than ordinary building lots, such parcels shall be arranged so as to allow for the opening of future streets and logical resubdivision.
(b) Private Streets. Unless another section of this Planning and Zoning Code requires a street to be a public street, any street, may be approved as a private street when the Planning Commission determines that:
(1) The private street is not planned or expected to be extended to serve property outside of the private development in which it is located.
(2) Adequate access and utility easements are provided to the satisfaction of the City and the utilities.
(3) The City retains the authority to inspect and test all work performed by the developer/contractor on the utilities and street installations.
(4) The design and layout of the private street provides adequate and safe ingress and egress to parcels.
(5) A private street shall guarantee access to a public street to all parcels with frontage thereon by easement or other instrument duly recorded in the County Recorders' Office.
(c) Property Owners Associations. As part of a non-residential development, a property owners association or similar legal entity shall be created so that, pursuant to division (b) of this section, such association is responsible for the maintenance and control of common areas, including any open space and the private streets. Such association shall become effective upon the sale of the first lot in such development. At the time of final development plan approval, the applicant shall provide the Law Director with copies of the Declaration. Articles of Incorporation, and Code of Regulations. No final development plan shall be approved without a written opinion from the Law Director stating that these submitted documents demonstrate full compliance with the provisions of this division in that these documents, read in their entirety, contain appropriate provisions implementing all of the following requirements:
(1) Membership in the Association shall be mandatory for all purchasers of lots or units in the development. The conditions and timing of transfer of control from the developer to the unit or lot owners shall be provided for as specified in the Association's Declaration or Code of Regulations.
(2) The Association shall not authorize its dissolution or the sale, transfer or other disposal of any common area, including common open space, without an affirmative vote of 75`% of its members, having established a successor entity to take over the property pursuant to the City's Planning and Zoning Code; and the approval of the Planning Commission and City Council.
(3) The Association shall:
A. Be responsible for maintenance, control and insurance of common areas, including the required common space and the private streets and utilities.
B. Impose assessments on members for the maintenance, control and insurance of common areas, private streets, and utilities and have the power to place liens against individual properties for failure to pay assessments as provided for by the Association's Declaration or Code of Regulations.
C. Have the authority to enforce reasonable rules and regulations governing the use of, and payment of assessments for maintenance, control and insurance of, common areas, private streets, and utilities by such means as reasonable monetary fines, suspension of the right to vote and the right to use any facilities in the common area, the right to suspend any services provided by the Association to any owner, and the right to exercise self-help to cure violations.
(4) The Association shall convey to the City and other appropriate governmental bodies, after proper notice, the right to entrance to any common area for emergency purposes in the event of nonperformance of maintenance or improvements affecting the public health, safety and welfare. Such governments shall have the right, after proper notice, to make improvements and perform maintenance functions. In addition, the City shall have the right to proceed against the Association for reimbursements of said costs, including the right to file liens against individual units, houses and vacant building lots.
(d) Pavement Width. Private streets shall be constructed with a minimum pavement width of 22 feet.
(e) Construction Standards. Except as provided in division (c) of this section, all elements of a private street shall be constructed in accordance with the construction standards set forth for public streets in Chapter 1248. However, when the Planning Commission determines that certain elements of a public street do not or should not specifically apply to a private street due to the circumstances of a particular project or portion of a project, the Commission may waive or permit a modification to the installation of any such element(s) to the extent deemed just and proper, provided such relief may be granted without detriment to the public good. This provision applies to waiving the requirement for curbs and storm sewers when the applicant demonstrates to the satisfaction of the Planning Commission that, based on the topography of the site, open space, density and other environmental considerations, the proposed open natural drainage system will equally satisfy the City's drainage requirements.
(f) Deed Restrictions. Whenever a private street is constructed, deed restrictions shall be required in the deeds of all parcels fronting said private street, which shall specifically include the following language:
"The undersigned grantee(s) hereby acknowledge(s) that (he, she, they) understand that the premises described herein is located upon a non-dedicated, private street. And further, the grantee(s) understands that no government body is responsible for care and maintenance of said private street."
(g) Parking and Storage of Vehicles. Parking and vehicle storage shall be provided in accordance with Chapter 1292.
(Ord. 58-01. Passed 5-29-01; Ord. 221-03. Passed 11-10-03; Ord. 260-03. Passed 1-12-04; Ord. 70-04. Passed 5-10-04.)
(a) To protect the health, safety and general welfare of the public, the Planning Commission shall reject any proposed development or subdivision located in an area subject to periodic flooding. If the development or subdivision is located in an area having poor drainage or other adverse physical characteristics, the Commission may approve the development or subdivision, provided that the developer agrees to perform improvements that will render the area safe for the intended use.
(b) Flood control or storm drainage facilities shall be provided as follows:
(1) Access to flood control or storm drainage ditches and channels shall be by means of easements. Such easements shall be not less than 30 feet in width, exclusive of the width of the ditch or channel, and an easement of this type shall be provided on one side of a flood control or storm drainage ditch, channel or similar type facility.
(2) A flood control or storm drainage easement containing underground facilities shall have a minimum width of 20 feet.
(3) Whenever a flood control or storm drainage ditch or channel has a depth of five feet or more, or a bank slope of two feet horizontal to one foot vertical or steeper, a five-foot high masonry wall or a five-foot high chain link fence may be required by the Commission.
(4) All development shall comply with Chapter 1464 of the Building and Housing Code, Flood Damage Prevention.
(Ord. 58-01. Passed 5-29-01.)
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