Village of Boston Heights OH, Planning and Zoning Code  

CHAPTER 1121
Platting Rules and Regulations

CROSS REFERENCES

Plat and subdivision defined - see Ohio R.C. 711.001

Plat 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.

Cornerstones and permanent markers - see Ohio R.C. 711.03, 711.14

Plat acknowledgment and recording - see Ohio R.C. 711.06

Fee of designated public land to vest when plat recorded - see Ohio R.C. 711.07, 711.11

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

1121.01 RULES AND REGULATIONS ADOPTED.

(a) The "General Rules and Regulations for Plats and Subdivisions in the Unincorporated Areas of Summit County, Ohio" as adopted by the County of Summit Council on August 26, 2002, and enacted effective August 27, 2002, (shall be) are hereby adopted and promulgated within the Village of Boston Heights effective immediately.

(b) The provisions of the "General Rules and Regulations for Plats and Subdivisions in the Unincorporated Areas of Summit County, Ohio" shall be interpreted and construed so as to achieve their essential purposes within the present structure of the Village Planning Commission, Engineer, Mayor, Zoning Inspector, and Council.

(c) Where a conflict exists between the "General Rules and Regulations for Plats and Subdivisions in the Unincorporated Areas of Summit County, Ohio" and any other chapter or section of the Codified Ordinances of the Village of Boston Heights, such conflict shall be resolved in such a fashion so as to achieve the essential purposes and objectives as set forth in Section 1101.02, et seq. of the County of Summit Subdivision Regulations.
(Ord. 19-2003. Passed 11-12-03.)

1121.02 DEFINITIONS.

The terms "allotment" and "subdivision" are used herein synonymously and refer to the subdivision of land into either streets and lots, or into lots, and intended to be recorded as a plat. (Ord. 111-1955. Passed 6-1-55.)

1121.03 SUBMITTAL OF PRELIMINARY PLATS; REQUIREMENTS.

(a) A preliminary street plan shall be submitted to the Planning Commission and be tentatively approved by it before the allotter will be authorized to proceed. This plan must be filed with the Planning Commission not less than one week before the meeting of the Planning Commission to receive action thereon at that meeting. The Engineer of the Planning Commission shall be the Municipal Engineer.

(b) The preliminary plat must show elevations in a grid system of not more than 100 foot dimensions, watercourses, property lines, other existing features and a notation stating acreage in the proposed allotment, the proposed lot layout and the name of the allotter.

(c) All preliminary plats shall be accompanied by a vicinity plat showing existing streets in the surrounding territory. The vicinity plat may be a map of the Municipality and shall show the proposed allotment superimposed upon it.

(d) Approval of the preliminary plat shall be effective for a maximum period of twelve months unless, upon application of the developer the Planning Commission grants an extension. If the final plat has not been recorded within this time limit, the preliminary plat must again be submitted to the Planning Commission for approval.

(e) The preliminary plat shall contain the proposed name of the subdivision. The proposed name of the subdivision shall not duplicate or too closely approximate the name of any other subdivision in the Municipality.

(f) The preliminary plat shall contain the names and addresses of the subdivider, of the owner and of the developer's engineer.
(Ord. 111-1955. Passed 6-1-55.)

1121.04 GENERAL REQUIREMENTS FOR FINAL PLATS.

(a) Plat Dimensions, Etc. The plat of a proposed subdivision shall show all lots and streets by accurate dimensions and angles and shall be drawn in ink upon good quality tracing cloth. It shall ordinarily be drawn to either the scale of one inch equals 100 feet, or one inch equals fifty feet. All dimensions shall be shown in feet and decimals of a foot. The plat shall be complete and consistent in itself as to all measurements. The streets shown on the plat shall be so named that there will be no duplication of any existing street names within the Municipality. A duplicate tracing of the record plat shall be furnished to Council.

(b) Plat Must Show Street Lines. The plat shall show the location of the terminals of existing streets in adjoining property with such dimensions and angles as are necessary to show their relation to streets which are being dedicated by the plat. The plat shall show the location of monuments placed on the ground to define street lines. 

(c) Surveyor's Statement. The plat shall contain a statement from the registered surveyor preparing the same vouching for the data shown on the plat and definitely identifying the lands proposed to be dedicated to the public, with proper dedicatory clause, all as provided by law.

(d) Engineer Must Approve Street Profiles. Profiles of the streets to be dedicated, showing existing surface elevations on side lines and center line and building lines and proposed grade of such streets, shall be filed with the Municipal Engineer. Profiles shall be made upon tracing cloth to the scale of one inch horizontal equals fifty feet, and one inch vertical equals five feet. When required by the Municipal Engineer, a topographical map of the territory to be alloted shall be furnished in addition to the street profiles. A duplicate tracing of each street profile shall be furnished to Council.

(e) Title Insurance. Title insurance in the amount of one thousand dollars ($1,000) meeting the approval of the Solicitor of the Municipality, covering the lands to be dedicated, shall be filed with the record plat, showing the title to such dedicated streets good in the name of the Municipality when the plat is filed for record.

(f) Reserve Strips. No plat or map of a proposed street or allotment showing reserve strips controlling access to public ways, or showing strips of land which will not prove taxable for special improvements, will be approved. However, such reserve strips may be shown when the control and disposal of land comprising such strips are definitely placed with the Municipality under conditions meeting the approval of the Engineer and Solicitor of the Municipality.

(g) Street Location and Widths Generally. The location and widths of proposed streets shall be such as to fit in with any plan of street development recommended by the Planning Commission or other public authority. Due regard shall be given to existing streets or streets capable of being established in surrounding property, so that streets may be laid out through adjacent or neighboring allotments with reasonable continuity of location and width.

(h) Width of Streets. No street shall be less than fifty feet in width. However, no street shall be less than sixty feet in width where surface drainage is provided by ditches. The Planning Commission may require streets of greater width when in its opinion the greater width is justified to meet existing conditions.

(i) Length of Block. Where practical, intersecting streets shall be provided so that no block will be longer than 2,400 feet.

(j) Streets Shall be Coterminus With Existing Streets. In order that proposed streets may be as nearly coterminus as possible with existing streets in adjoining allotments, due provision shall be made for the continuation of all existing streets which extend to the boundaries of a proposed allotment. In case of adjacent allotments separated by existing thoroughfares, due provision shall be made for continuing in a practical manner such of the existing streets through the proposed allotments as may be necessary for public requirements.

(k) Dead-end Streets. No so-called dead-end street will be approved for dedication except where conditions make the extension of such street impractical. In such cases, a dead-end street may be approved, provided that adequate turning space for vehicles is placed at the dead-end. Turning spaces shall be of sufficient size to provide for a paved circular roadway at least twenty feet in width, the inside radius of which shall be at least thirty-five feet.

(l) Street Termini. Where the land for a proposed allotment adjoins unallotted property capable of being allotted, then the. streets in such proposed allotment need only be carried to the boundaries thereof.

(m) Improvements. Before approval will be given upon any plat dedicating streets to public use, except as hereinafter provided, such streets shall have been graded to a grade approved by the Municipal Engineer in accordance with plans heretofore prepared by a registered professional engineer. In addition to the grading the following improvements must also be installed depending upon the availability of facilities therefor:

(1) Water supply and sewage outlet. Evidence must be furnished, subject to the satisfaction and approval of the Municipal Engineer that adequate water supply means and sewage outlet means meeting with the approval of the Summit County General Health District and in conformity with ordinances and resolutions of the Municipality are provided for each of the lots of the subdivision.

(2) Storm sewers. Storm sewers adequate for the drainage of the street, the lots fronting thereon, and the natural drainage intercepted by such street, must be installed along with curb connections.

(3) Water mains, fire hydrants. Where water main facilities are available to the subdivision, water mains and fire hydrants meeting the approval of the Municipal Engineer, together with curb connections for each lot in the subdivision, must be installed.

(4) Sanitary sewers. Where sanitary facilities are available to the subdivision, both storm and sanitary sewers and curb connections for each lot must also be installed. Storm sewers and curb connections must also be installed on each lot when sanitary sewers are installed. These improvements must first be approved by the Municipal Engineer and any other authority having jurisdiction in such matters.

(5) Electric lines, street lighting. Electric current must be run over the rear property lines. Crossings over streets, when required, must be located between intersections and not at intersections.
Current for street lighting must be supplied through underground cables. Such cables must run either underground along the street or underground from stub poles located 25 feet back from front property lines.
Such lighting systems, including standards and their spacing, must be approved by the Municipal Engineer.

(6) Minimum paving requirements where water and/or sanitary sewers not available. Where either water main facilities or sanitary sewer facilities or both of them are not available the street shall be graded to the full width of the proposed dedication and to a cross section providing for ditch gutters, berms and a pavement of not less than twenty feet. In such cases a pavement meeting the minimum requirements of a waterbound macadam base having a width of twenty feet and comprising a total depth of eight inches, built in two layers of four inches each, with the sub-grade and each course of base thoroughly consolidated by adequate rolling. On such base course a surface course shall then be constructed consisting of two inches of hot plant mixed asphaltic concrete with a width on center of the base course of eighteen feet, using a prime coat over the base course of not less than 0.50 gallon asphalt emulsion per square yard.

(7) Minimum paving requirements where facilities available. Where all facilities, enumerated in (1), (2), (3) and (4) above are available then the pavement shall be of a width of at least twenty-four feet, with curbs of stone or concrete, with four inch curb drains and a minimum pavement of type and thickness as specified in (6) above.
Before any approval has been obtained from the Planning Commission, plans, specifications and all necessary details for the improvements specified in this subsection (m) must have been prepared by a registered professional engineer on tracing cloth to a scale of one inch equals fifty feet with the signature and seal of the registered engineer affixed thereto. Duplicate tracings shall be furnished to Council. All plans, specifications and details must be first submitted to the Municipal Engineer and approved by him.

(8) Waiver of installation of facilities. The Planning Commission may waive the construction or installation of any of such improvements if, in its opinion, due to special circumstances, conditions or other reasons, the public health, safety and interest are not jeopardized, and provided it first obtains the consent of at least three-fourths of the members of Council to do so.
All expense connected with the installation of the facilities enumerated in this subsection (m) shall be paid for by the allotter except that in case of paragraph (5) hereof, the allotter shall assume such expense of installation of the electric facilities enumerated therein that are not regularly assumed by the agency furnishing such facilities.

(n) Monuments. Adequate monuments to indicate street lines shall be placed at street intersections, at points of change in alignment, at the summit of a grade change more than five feet higher than a horizontal line between the monuments on each side of the summit and at ends of streets. Monuments shall be of suitable hard stone at least twenty inches in depth and five inches square with a drill hole in the center set at the true point indicated. Iron pins set in concrete cylinders having a depth of twenty inches and a diameter of six inches may also be used. The top of the monument shall be set so that the top will be about ten inches below the established grade of the street and covered with a cast iron "monument box" (so marked) with removable cover.

(o) Culverts, Bridges and Intersections. All culverts or bridges necessary within the limits of the streets to be dedicated; all box culverts and drainage necessary to carry surface drainage; all of the work necessary in the intersections of proposed streets with existing streets, including the repaving of such intersections and providing catchbasins at such locations, shall be done by the owners of the proposed development, on land proposed for dedication, and all subject to the approval and satisfaction of the Engineer of the Municipality.

(p) Deposit for Investigation and Approval of Plats. At the time of filing the application for the approval of any plat, or at the time plans and specifications for any improvement or improvements are submitted to the Planning Commission and Municipal Engineer for approval, there shall be deposited with the Treasurer of the Municipality an amount of money sufficient, in the opinion of the Engineer, to cover the cost and expense of such investigation as may be necessary to determine whether such proposed allotment conforms to the provisions of this chapter or its improvements have been or are being installed in accordance with the requirements of this chapter and the plans and specifications approved by the Municipal Engineer. The cost and expense of such investigation, made by the Municipal Engineer or his assistants, shall be paid from such deposit upon itemized bills rendered by the Municipal Engineer. In case such expenditure exceeds the deposit, the excess shall, upon demand by the Planning Commission, be paid by the owner, forthwith into the Treasury of the Municipality. In case the deposit exceeds such expenditure, the balance will be refunded to the applicant within a reasonable time after the completion of such investigation.

(q) Bond if Improvements not Completed when Plat Filed. Should it not be desirable or possible to install all the improvements required in subsection (m) hereof prior to the submission of the plat to the Planning Commission, then and in that event a performance bond shall be required and approved as to the amount by the Municipal Engineer and as to legal form and surety furnished by the Solicitor of the Municipality. Such bond shall be given to the Municipality by the allotment owner, under the terms of which bond the completion of the work shall be assured and guaranteed within the time fixed by the Planning Commission, and which shall further indemnify the Municipality from any and all liability arising by reason of the unimproved conditions of the streets of the subdivision which may arise or grow out of such improvements when undertaken.

(r) No Permits to be Issued Until Improvements Completed: Temporary Pavement. No zoning or building permits shall be issued by the Mayor, or any other person authorized to issue the same, prior to the completion of all the improvements specified in subsection (m) hereof, or to the filing of the bond as specified in subsection (q) hereof.

Since a full winter's settlement must be had after the completion of all underground improvements before the pavement is installed, and if building is started so that dwellings will be occupied before the completion of the pavement, then a temporary slag roadway, equal to the width of pavement as specified in subsection (m) hereof, and to a depth of six inches shall be built and maintained to the satisfaction of the Municipal Engineer, and adequate to insure access to any occupied dwelling by any of the equipment of the Fire, Police or Service Departments. The top surface of the temporary pavement shall be at least eight inches below the parallel with the surface of the finished pavement.

Whenever the pavement is installed over such temporary pavement, providing it has been maintained properly and meets with the approval of the Municipal Engineer for weight or load capacity, then the waterbound macadam base may be reduced in thickness to one course having a depth of six inches.

(s) Approval of Planning Commission. The approval of the Planning Commission required by this chapter, or the refusal to approve, shall take place within thirty days after the submission of the final plat for approval or within such further time as the applying party may agree to; otherwise such plat is deemed approved, and the certificate of the Planning Commission, as to the date of the submission of the plat for approval and the failure to take action thereon within such time, shall be issued on demand and shall be sufficient in lieu of the within endorsement or other evidence of approval required by this chapter. The ground of refusal or approval of any plat submitted, including citation of or reference to the rule or regulation violated by the plat, shall be stated upon the records of the Planning Commission.

(t) Approval not an Acceptance of Dedication. Approval of a plat by the Planning Commission shall not be an acceptance by the public of the dedication of any street, highway or other way or open space upon the plat.

(u) Streets Must be Accepted by Council Before Engineer Approves Plat. The Municipal Engineer shall not approve a plat constituting an acceptance of a street for public use by the Municipality as provided in Ohio R.C. 711.091 until such time as Council has enacted an ordinance accepting such street or streets for public use by the Municipality.
(Ord. 111-1955. Passed 6-1-55.)

1121.05 PLANNING COMMISSION CONTROL AS TO LOCATION AND USE OF STRUCTURES.

(a) The Planning Commission is hereby given the right to require that the plan, design, location, grade line and use of any structure to be erected on an allotment be first submitted to the Planning Commission.

(b) Before the Planning Commission approves the final or record plat, it shall require that the use be one which appears to be the most appropriate and suitable and complies with all zoning regulations of the Municipality.
(Ord. 111-1955. Passed 6-1-55.)

1121.06 APPROVAL WITHOUT PLAT.

Notwithstanding the provisions of Sections 1121.01 to 1121.05 inclusive, the Chairman of the Planning Commission and the Municipal Engineer are hereby authorized to examine any proposed division of a parcel of land along an existing public street not involving the opening, widening or extension of any street or road, and involving no more than five lots after the original tract has been completely divided; and they are further authorized, if they are satisfied that such proposed division is not contrary to applicable platting, subdividing or zoning regulations, to approve such division and stamp the deed "Approved by the Planning Commission of the Village of Boston Heights, Ohio, No Plat Required"; and either of them are authorized to sign the same.

Any person desiring to have a division approved as above (complying with Ohio R.C. 711.131) must submit to the Chairman of the Planning Commission and the Municipal Engineer the following, along with the Deed:

(a) Survey notes of property to be divided accompanied by a sketch of the entire tract to be divided, showing the part thereof to be conveyed, signed by a surveyor registered by the State of Ohio.

(b) An affidavit from the owner of the entire tract that such tract will not be divided into more than five lots without submitting a plat showing all parcels divided out after October 16, 1953.
(Ord. 111-1955. Passed 6-1-55.)

(c) An application fee of seventy-five dollars ($75.00) which shall be deposited into the General Fund of the Village.
(Ord. 19-1980. Passed 6-11-80.)

Boston Heights Overlook

2003B Replacement