johnstownohio.orgjohnstownohio.org/wp-content/uploads/2012/02/2012...W… · Web viewTABLE OF CONTENTS. ARTICLE 1 TITLE, PURPOSE, SCOPE & JURISDICTION13. Section 1.0Title13. Section

Development Regulations

For

Village of Johnstown, Ohio

JOHNSTOWN VILLAGE COUNCIL

ORIGINAL ADOPTION: JANUARY 30, 2012

Village of Johnstown Development Regulations Effective: January 30, 2012 Page of

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JOHNSTOWN VILLAGE COUNCILSean Staneart - Mayor

Joyce EvansSharon Hendren

David KeckCarol VanDeest

Kevin RiffeChris Speck

VILLAGE DEPARTMENT MANAGERSJim Lenner – Village Manager / Village Planner

Jack Liggett – Service DirectorLarry Heiser – Finance Director

Jean Moyer - Recreation CoordinatorDon Corbin – Police Chief

VILLAGE PLANNING DEPARTMENT599 S. Main Street

Johnstown, Ohio 43031Phone: 740-967-3177Fax: 740-967-3519

www.villageofjohnstown.org


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TABLE OF CONTENTSARTICLE 1 TITLE, PURPOSE, SCOPE & JURISDICTION..................................13

SECTION 1.0 TITLE......................................................................................................13Section 1.00 Purpose & Scope...............................................................................13Section 1.01 Authority............................................................................................13Section 1.02 Administration...................................................................................13Section 1.03 Jurisdictions.......................................................................................14Section 1.04 Relation to Other Laws......................................................................14Section 1.05 Amendment........................................................................................14Section 1.06 Interpretation.....................................................................................14Section 1.07 Separability, Validity.........................................................................14Section 1.08 Exceptions..........................................................................................14Section 1.09 Appendix............................................................................................15

ARTICLE 2 DEFINITIONS...........................................................................................17

SECTION 2.0 INTERPRETATION OF TERMS AND WORDS.............................................17Section 2.00 Definitions..........................................................................................17

ARTICLE 3 PROCEDURES FOR MINOR LAND DIVISION AND SUBDIVISON APPROVAL.....................................................................................................................43

SECTION 3.0 INTRODUCTION.......................................................................................43SECTION 3.1 MINOR LAND DIVISION (LOT SPLIT).....................................................44

Section 3.10 Minor Land Division Criteria............................................................44Table 1: Driveway Spacing Requirement..............................................................45

Section 3.11 Review and Approval of Minor Land Divisions Under 20 Acres......45Section 3.12 Review & Approval of Minor Land Divisions of 20 Acres or Larger47Section 3.13 Submittal & Approval Process for Minor Land Division..................48Section 3.14 Approved Access Points & Culverts for Minor Land Divisions........48Section 3.15 Recourse from Minor Land Division Disapproval............................49Section 3.16 Adjacent Property Transfer (Former Exempt Split)..........................49

SECTION 3.2 MAJOR LAND DIVISION (SUBDIVISION).................................................50Section 3.20 Major Subdivision Criteria & Review Process.................................50Section 3.21 Pre-Application Conference.............................................................50

SECTION 3.3 SKETCH PLAN.........................................................................................50Section 3.30 Sketch Plan Definition and Purpose..................................................51Section 3.31 Sketch Plan Application and Review.................................................51Section 3.32 Sketch Plan Contents.........................................................................52Section 3.33 Sketch Plan Approval Period.............................................................53

SECTION 3.4 PRELIMINARY PLAN...............................................................................53Section 3.40 Preliminary Plan Definition and Purpose.........................................54Section 3.41 Posting Notice of Development..........................................................54Section 3.42 Line Fence Requirements for Major Subdivisions and Development54Section 3.43 Submission to Ohio Department of Transportation/ Local MPO......55Section 3.44 Preliminary Plan Application and Review........................................55Section 3.45 Notice to Property Owners................................................................57


Section 3.46 Preliminary Plan Planning and Zoning Commission Meeting..........57Section 3.47 Preliminary Plan Contents................................................................57Section 3.48 Preliminary Plan Approval Period and Extension Request..............60Section 3.49 Submission of Construction Plans and Pre Construction Conference...................................................................................................................................61

SECTION 3.5 FINAL PLAT............................................................................................62Section 3.50 Final Plat Definition and Purpose.....................................................62Section 3.51 Final Plat Application and Review....................................................62Section 3.52 Notice to Property Owners................................................................63Section 3.53 Final Plat Planning and Zoning Commission Meeting.....................64Section 3.54 Final Plat Contents............................................................................64Section 3.55 Final Plat Approval...........................................................................66Section 3.56 Recording of Final Plat and Extension Request................................66Section 3.57 Regulations Governing Improvements...............................................67Section 3.58 Phasing..............................................................................................67

SECTION 3.6 DEVELOPMENT REVIEW............................................................................67Section 3.60 Development Review Process/Requirements.....................................67Section 3.61 Violation of Development Review......................................................68Section 3.62 Transfer of Lots by Subdivider..........................................................68Section 3.63 Transfer of Lot Contrary to Plat Prohibited......................................69

SECTION 3.7 REPLAT......................................................................................................69

ARTICLE 4 SUBDIVISION DESIGN STANDARDS.................................................71

SECTION 4.0 GENERAL...................................................................................................71Section 4.00 Conformity to Development Plans and Zoning..................................71Section 4.01 Suitability of Land..............................................................................71

SECTION 4.1 STREETS....................................................................................................71Section 4.10 Right-of-Way Requirements...............................................................73Section 4.11 Street Classifications and Design Standards.....................................74Section 4.12 Cul-de-Sacs........................................................................................75

Table 2: Design Elements for Cul-de-Sac Streets.................................................76Figure 1: Loop Offset Cul-De-Sac, Curb and Gutter...........................................77Figure 2: Loop Offset Cul-De-Sac, Center Island................................................77

Section 4.13 Local Residential Streets....................................................................78Table 3: Design Elements for Local Residential Streets.......................................78Figure 3: Local Residential Street, Curbs and Gutter............................................80

Section 4.14 Minor Collectors................................................................................81Table 4: Design Elements for Minor Collectors....................................................81Figure 5: Minor Collector, Minimum....................................................................82Figure 6: Minor Collectors, 4 Lanes......................................................................82

Section 4.15 Major Collectors................................................................................83Table 5: Design Elements for Major Collectors....................................................83Figure 7: Major Collector, Minimums...................................................................84Figure 8: Major Collector, Ideal............................................................................84

Section 4.16 Minor Arterials..................................................................................85Table 6: Design Elements for Minor Arterials......................................................85Figure 9: Minor Arterial, Center Turn Lane..........................................................86


Figure 10: Minor Arterial, Left and Right Turn Lane...........................................86Section 4.17 Major Arterials..................................................................................87

Table 7: Design Elements for Major Arterials......................................................87Figure 11: Major Arterial, Grass Median..............................................................88Figure 12: Major Arterial, Left & Right Turn Lanes.............................................88

Section 4.18 Marginal Access Roads......................................................................89Table 8: Design Elements for Marginal Access Roads.........................................89Figure 13: Marginal Access Road, Curbs and Gutters..........................................90Figure 14: Marginal Access Road with Ditches....................................................90

SECTION 4.2 LOOP CUL-DE-SACS AND ROUNDABOUT...................................................91Figure 15: Roundabout Design Standard...............................................................91Table 9: Roundabout Recommended Maximum Entry Design Speed..................92

SECTION 4.3 SPECIAL STREET TYPES............................................................................92Section 4.30 Street Names......................................................................................94Section 4.31 Horizontal Alignments.......................................................................94Section 4.32 Vertical Alignments............................................................................94Section 4.33 General Street Suffix..........................................................................94

SECTION 4.4 INTERSECTION DESIGN STANDARDS.........................................................95Table 10: Design Elements for Intersections/Driveways/Access Roads...............95

Section 4.40 General Intersection and Roadway Standards..................................95Section 4.41 Streets for Non-Residential Subdivisions...........................................96Section 4.42 Sidewalks and Pedestrian Accesses...................................................97Section 4.43 Curbs and Gutters/Storm Sewers.......................................................98

SECTION 4.5 LOTS AND BLOCKS....................................................................................99Section 4.50 Block Standards.................................................................................99Section 4.51 Lot Standards.....................................................................................99Section 4.52 Easements........................................................................................101

SECTION 4.6 PHYSICAL CONSIDERATIONS AND NATURAL FEATURES.........................101Section 4.60 Flood Plain and Watercourses........................................................102Section 4.61 Storm Drainage Channels................................................................104Section 4.62 Erosion Control...............................................................................104Section 4.63 Erosion Control Standards..............................................................104Section 4.64 Site Protection..................................................................................106Section 4.65 Landscape Buffering........................................................................107Section 4.66 Noise Abatement Procedures...........................................................107

Figure 16: Noise Barrier Detail...........................................................................108SECTION 4.7 OPEN SPACE............................................................................................108

Section 4.70 Land Provision and Dedication of Residential Development..........108Section 4.71 Limitations on Use of Required Land and Fees...............................112Section 4.72 Adjustment to Open Space...............................................................112

SECTION 4.8 CONDOMINIUM, MULTI-FAMILY, AND COMMERCIAL DEVELOPMENT....113Section 4.80 Private Streets.................................................................................113Section 4.81 Public Streets...................................................................................113Section 4.82 Design Standards.............................................................................113Section 4.83 Water & Sewer.................................................................................115Section 4.84 Parking Spaces in AR District.........................................................115


Section 4.85 Drainage in AR Districts.................................................................115Section 4.86 Underground Telephone, Electric, and other Lines in AR Districts116Section 4.87 Village May Require other Improvements.......................................116Section 4.88 Deposit Required with Improvement Plan.......................................116Section 4.89 Compliance Required to Obtain Building Permit or Occupancy Certificate 116Section 4.810 Service Roads.................................................................................116Section 4.811 Street Lighting................................................................................117Section 4.812 Design and Layout.........................................................................117Section 4.813 Lights to be Installed......................................................................117Section 4.814 Maintenance of Lighting is Responsibility of Home Owners Association 118Section 4.815 Damages to Distribution System....................................................118Section 4.816 Completion Bond Required............................................................118Section 4.817 Easement for Energy Lines to Light Standards................................118

SECTION 4.9 LANDSCAPING.........................................................................................118Section 4.90 Street Frontage Trees.....................................................................119Section 4.91 Street and Walkway Lighting..........................................................120

ARTICLE 5: RULES AND REQUIREMENTS FOR CONSTRUCTION OF IMPROVEMENTS........................................................................................................122

SECTION 5.0: TITLE.....................................................................................................122Section 5.00 Statutory Authorization; Delegation................................................122Section 5.01 Purpose............................................................................................122Section 5.02 Scope................................................................................................122Section 5.03 Disclaimer of Liability.....................................................................122Section 5.04 Requirements...................................................................................123

SECTION 5.1 GUARANTEE FOR INSTALLATION OF IMPROVEMENTS.............................123Section 5.10 Construction Procedure and Materials...........................................123Section 5.11 Monuments, Markers, and Pins.......................................................123

SECTION 5.2 STREETS, ROADWAYS.............................................................................124Section 5.20 Pavement Design for All Roadways.................................................124Section 5.21 Street Name Signs, Traffic Signs, and Street Naming......................124

SECTION 5.3 WATER SUPPLY.......................................................................................125Section 5.30 Public Water Supply........................................................................125Section 5.31 Fire Protection.................................................................................125

SECTION 5.4 SANITARY SEWER IMPROVEMENTS.........................................................126Section 5.40 Public Sanitary Sewer System..........................................................126

SECTION 5.5 DRAINAGE IMPROVEMENTS.....................................................................127Section 5.50 Culverts and Bridges........................................................................127

SECTION 5.6 OVER-SIZE AND OFF-SITE IMPROVEMENTS............................................127Section 5.60 Cost of Over-Size Improvements......................................................127Section 5.61 Off-Site Extensions...........................................................................128

SECTION 5.7 INSPECTIONS; ENFORCEMENT..............................................................128

ARTICLE 6: URBAN SOIL & SEDIMENT POLLUTION CONTROL & STORMWATER MANAGEMENT............................................................................130


SECTION 6.0 TITLE....................................................................................................131Section 6.00 Statutory Authorization; Delegation................................................131Section 6.01 Purpose............................................................................................131Section 6.02 Scope................................................................................................131Section 6.03 Disclaimer of Liability.....................................................................131Section 6.04 Requirements...................................................................................132Section 6.05 Exceptions for Public Improvements...............................................132Section 6.06 Standards and Criteria...................................................................132

Table 11: 24-Hour Critical Storm........................................................................134Table 12: Maximum Velocities...........................................................................136

SECTION 6.1 SITE DEVELOPMENT PLANNING PROCEDURES........................................137Section 6.10 Required Information:.....................................................................137Section 6.11 Information Content Requirement...................................................138Section 6.12 Submission, Review, and Approval/Disapproval & Appeal............141Section 6.13 Abatement Control Plan Contents & Requirements........................142Section 6.14 Plan Submission, Review, Approval/Disapproval, Appeal..............143Section 6.15 Inspections; Enforcement................................................................144

ARTICLE 7: ASSURANCE FOR COMPLETION AND MAINTENANCE OF IMPROVEMENTS........................................................................................................145

SECTION 7.0: TITLE.....................................................................................................145Section 7.00 Statutory Authorization; Delegation................................................145Section 7.01 Purpose............................................................................................145Section 7.02 Scope................................................................................................145Section 7.03 Disclaimer of Liability.....................................................................145Section 7.04 Requirements...................................................................................146

SECTION 7.1 IMPROVEMENTS; GUARANTEE...............................................................146Section 7.10 Construction and Dedication of Improvements................................146Section 7.11 Guarantee of Improvements..............................................................146Section 7.12 Extension of Time............................................................................148Section 7.13 Inspections.......................................................................................149Section 7.14 Release or Reduction of Guarantee.................................................149Section 7.15 Maintenance of Improvements.........................................................150Section 7.16 Deferral or Waiver of Required Improvements...............................150

SECTION 7.2 INSPECTIONS; ENFORCEMENT..............................................................151

ARTICLE 8 - VILLAGE OF JOHNSTOWN ACCESS MANAGEMENT PLAN.152

SECTION 8.0 INTENT AND PURPOSE.............................................................................152Section 8.00 Applicability.....................................................................................153Section 8.01 Definitions........................................................................................153

SECTION 8.1 CONGESTION PREVENTION SYSTEM/STANDARDS...................................153Section 8.10 Classifications..................................................................................153

Table 13: AASHTO Safe Stopping Sight Distance.............................................154Table 14: Driveway Spacing Requirements........................................................154Table 15: Setback Requirements of Future Right of Ways.................................154

Section 8.11 Major Arterial..................................................................................155Section 8.12 Minor Arterial..................................................................................156


Section 8.13 Major Collector...............................................................................157Section 8.14 Minor Collectors..............................................................................159Section 8.15 Minor Land Division (Lot Split) on Classified Roadways...............159

SECTION 8.2 GENERAL ROADWAY STANDARDS.......................................................160SECTION 8.3 GENERAL CONGESTION PREVENTION STANDARDS.............................160

Section 8.30 Corner Clearances...........................................................................160Section 8.31 Joint and Cross Access....................................................................161

Figure 17: Examples of Cross Access Corridor Design......................................161Section 8.32 Left Turn Lane Improvements and Requirements............................163

Table 16: Conditions Requiring Left Turn Improvements..................................163Section 8.33 Right Deceleration Lane Improvements and Requirements............164

Table 17: Conditions Requiring Right Turn Improvements................................164Section 8.34 General Access Connection and Driveway Design.........................164

Figure 18: Driveway Location.............................................................................166Figure 19: Driveway Throat Length....................................................................166Table 18: Generally Adequate Driveway Throat Lengths...................................167

Section 8.35 Requirements for Outparcels and Phased Development Plans.......168Section 8.36 Nonconforming Access Features.....................................................168

SECTION 8.4 MULTI-FAMILY, COMMERCIAL, & INDUSTRIAL DEVELOPMENT.....169Section 8.40 Corridor Congestion Prevention Overlay.......................................169Section 8.41 Reverse Frontage.............................................................................170Section 8.42 Shared Access or Common Access Driveway..................................170

Figure 20: Shared Access...................................................................................171Section 8.43 Connectivity.....................................................................................171Section 8.44 Private Streets (except Commercial/Industrial)..............................171Section 8.45 Site Plan Procedures.......................................................................172

SECTION 8.5 VARIANCE STANDARDS........................................................................174

ARTICLE 9 REVISIONS AND ENFORCEMENT...................................................176

SECTION 9.0 TRANSFER OR LEASE OF LAND............................................................176SECTION 9.1 SCHEDULE OF FEES, CHARGES, AND EXPENSES..................................176SECTION 9.2 RECORDING OF PLAT............................................................................176

Section 9.20 Revision of Plat After Approval.......................................................176SECTION 9.3 PENALTIES............................................................................................176SECTION 9.4 VARIANCES..........................................................................................177SECTION 9.5 APPEAL OF DECISION OF PLANNING AND ZONING COMMISSION........179

Section 9.50 Appeal of Decision of Planning and Zoning Commission Director 179SECTION 9.6 VACATING OF PLATS............................................................................179

ARTICLE 10 ENACTMENT.......................................................................................181

SECTION 10.0 EFFECTIVE DATE.................................................................................181

APPENDIX I – RESERVED FOR FUTURE USE.....................................................183

APPENDIX II - REQUIRED STATEMENTS AND SIGNATURES TO BE AFFIXED ON THE PLATS.........................................................................................185

APPENDIX III - SAMPLE WATERCOURSE EASEMENT...................................189


APPENDIX IV - COMMON ACCESS DRIVE EASEMENT AND SHARED MAINTANENCE AGREEMENT...............................................................................191

APPENDIX V - SAMPLE HOMEOWNERS ASSOCIATION AGREEMENT.....195

APPENDIX VI - SAMPLE CROSS ACCESS AGREEMENT.................................200

APPENDIX VII - MINIMUM PAVEMENT COMPOSITION................................207

APPENDIX VIII – RESERVED FOR FUTURE USE...............................................210

APPENDIX IX – VILLAGE OF JOHNSTOWN DEVELOPMENT FEE SCHEDULE...................................................................................................................212

APPENDIX X - GUARD RAIL WARRANT STUDY...............................................214

APPENDIX XI - VILLAGE ROADWAY CLASSIFICATIONS.............................216

APPENDIX XII – RESERVED FOR FUTURE USE................................................218

APPENDIX XIII - DEVELOPMENT INSPECTION SCHEDULE.........................220

APPENDIX XIV - NPDES / EROSION CONTROL MEASURES..........................222

APPENDIX XV - DITCH DESIGN CRITERIA........................................................224

APPENDIX XVI - RIGHT IN/ RIGHT OUT DESIGN CRITERIA........................226

APPENDIX XVII - SKETCH PLAN APPLICATION..............................................232

APPENDIX XVIII - PRELIMINARY PLAN APPLICATION................................235

APPENDIX XIX – FINAL PLAT APPLICATION...................................................240

APPENDIX XX - CERTIFICATE OF DEVELOPMENT REVIEW......................244

APPENDIX XXI - RAINFALL TABLE......................................................................249

APPENDIX XXII – DITCH MAINTENANCE PROCEDURE................................251

APPENDIX XXIII – ENHANCED DITCH DESIGN................................................253

APPENDIX XXIV - PERMISSIBLE VELOCITIES.................................................255

APPENDIX XXV - ADOPTION OF AMENDMENTS TO THESE REGULATIONS.........................................................................................................................................257

APPENDIX XXVI - LIST OF ACCEPTABLE STREET TREES...........................258

APPENDIX XXVII - INDEX........................................................................................262


ARTICLE 1 TITLE, PURPOSE, SCOPE & JURISDICTION

Section 1.0 Title

These Regulations shall be known and may be cited and referred to as the “Development Regulations for Village of Johnstown, Ohio,” and shall be referred to as “these Regulations,” herein.

Section 1.00 Purpose & Scope

The purpose of these Regulations is to provide for the public health, safety, convenience, and general welfare of the Village of Johnstown. These Development Regulations are designed to encourage the development of sound, healthful and economically stable residential, commercial, industrial and public areas; to provide for safe, convenient and efficient traffic circulation; to coordinate land developments in order to ensure that the future physical growth of the Village of Johnstown will be orderly, efficient, and conducive to the minimum outlay of public and private expenditures in providing necessary services to new growth areas; to provide for the protection of environmentally sensitive and geologic hazard areas; to minimize hazards; to mitigate flooding hazards; to provide for the proper disposal of sewage; to enhance the unique aesthetics of the community; to encourage the protection and enhancement of trees and woodland areas and the preservation of open space; and to provide for the overall harmonious development throughout the Village of Johnstown; and to work toward the goal of new developments having No Adverse Impact by ensuring the action of any property owner, public or private, does not adversely impact the property rights of others.

The provisions of these Regulations are made with reasonable consideration, among other things, of the character of the Village, with a view of conserving the value of the buildings placed upon the land, providing the best possible environment for human habitation, and encouraging the most appropriate use of land throughout the Village of Johnstown.

Section 1.01 Authority

The Ohio Revised Code, Section 711.001 et Seq., enables the Johnstown Council to adopt regulations governing plat and subdivisions of land within their jurisdiction.

Section 1.02 Administration

The Village Planner, herein referred to as the “Planner”, shall administer these Regulations.


Section 1.03 Jurisdictions

These Regulations shall apply to all subdivisions made of lands, including those by deeds and land contracts, and/or leases resulting in the creation of a lot located in the Village of Johnstown. The regulations shall also apply to subdivisions with private streets, planned unit developments, commercial developments, and industrial parks, as well as any development that requires change in the type or amount of access to public roadways and right-of-ways.

Section 1.04 Relation to Other Laws

The provisions of these Regulations shall supplement any and all laws of the State of Ohio, resolutions of the Village of Johnstown or any and all rules and regulations promulgated by authority of such law and/or ordinance or resolution relating to the purpose and scope of these Regulations. Whenever the requirements of any other lawfully adopted rules, regulations, ordinances, or resolutions conflict with these Regulations, the Planner shall take these requirements into consideration and shall make the determinations no later then the preliminary plan.

Section 1.05 Amendment

These Regulations may be amended, after public hearings and other requirements, as specified in Section 711 of the Ohio Revised Code.

Section 1.06 Interpretation

The provisions of these Regulations shall be held to be minimum requirements for the promotion of health, safety, and general welfare of the people of the Village of Johnstown and the traveling public. As such, in the development process the Planner shall be entitled to apply a reasonable interpretation of these Regulations as is necessary to give force and effect to the purpose and intent of these Regulations to protect and promote the health, safety and general welfare of the people of the Village of Johnstown and the traveling public.

Section 1.07 Separability, Validity

If, for any reason, any clause, sentence, paragraph, section, article, or other part of these Regulations should be decided by a court of competent jurisdiction to be invalid, such judgment shall not affect the validity of these Regulations as a whole, or any part other than the part held to be invalid.

Section 1.08 Exceptions


There are four special types of division, sale, exchange, or improvement of land, which are exempted from certain provisions of these Regulations. They are:

1. The division or partition of land in which the lots being created and the remainder of the original tract are equal to or greater than twenty acres (20) acres in size each and do not involve the creation or modification of any streets or easements of access. This type of proposed lot must be submitted to the Planner to check that it meets this condition, all applicable Village zoning regulations, flood plain regulations, and the Village’s Access Management Regulations.

2. The sale or exchange of parcel(s) between adjoining lot owners, which does not create additional building sites. This type of proposed lot split must be submitted to the Planner according to Article 3, Section 3.1: Adjacent Property Transfer. It must also meet the requirements of Article 8: Access Management of these Regulations.

3. The improvement of a lot by combining existing, adjacent lots. This type of proposed lot must be submitted to the Planner to ensure that any leftover or remaining adjacent lots under the same ownership meet the requirements set forth in these Regulations, and that the combined lot(s) contains only one principal structure.

4. The division or partition of land in which the lot(s) being created and the remainder of the original tract do not total more than five (5) minor land divisions in number, are not being platted, are five (5) acres or greater in size, are to be used exclusively for agricultural purposes with no residential structures or residential, commercial, or industrial development permitted and is so indicated on the deed for perpetuity, and do not involve the creation or modification of any streets or easements of access. This type of proposed lot must be submitted to the Planner to ensure that it meets this condition, all applicable local zoning regulations, and the Village’s Access Management Plan.

Section 1.09 Appendix

This Appendix is not hereby adopted as part of the Village of Johnstown Development Regulations, it is provided here for reference only. However, the items in the Appendix shall serve to provide consistent guidance, incorporate the policies, formally and informally, utilized by the Planner and its staff, and to provide uniformly reference materials.


ARTICLE 2 DEFINITIONS

Section 2.0 Interpretation of Terms and Words

For the purpose of these Regulations, certain terms and/or words used herein shall be interpreted as follows:

1. The word “person” includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual. (See Person, Section 2.01)

2. The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular.

3. The word “shall” is a mandatory requirement, the word “may” is a permissive requirement, and the word “should” is a preferred requirement.

4. The words “used” or “occupied” include the words “intended, designed, or arranged to be used or occupied.”

5. The word “lot” includes the words “plot” or “parcel.”

If a general term or provision conflicts with a special term or provision, they shall be construed, if possible, so that effect is given to both. If the conflict between the terms or provisions is irreconcilable, the special term or provision prevails as an exception to the general term or provision, unless the general term or provision is the later adoption and the manifest intent is that the general term provision prevails.

Section 2.00 Definitions

208 Plan: Developed to assist all stakeholders in the Village of Johnstown to protect water quality in accordance with Section 208 of the Clean Water Act. The Plan establishes what areas of the Village can be developed over the next 20 years and how areas that are not served by a Publicly Owned Treatment Works will be developed. In addition, the Plan addresses impacts from storm water runoff and other non-point source pollutants.

A.A.S.H.T.O.: American Association of State Highway Transportation Officials. This organization publishes a manual with transportation and roadway standards cited in these Regulations.

Access: A way or means of approach to provide vehicular or pedestrian entrance or exit to a property.

Access Classification: A ranking system for roadways used to determine the appropriate degree of access management and congestion prevention. Factors considered include functional classification, the appropriate local government’s adopted plan for the roadway, existing or potential land use of abutting properties, and existing level of access control.


Access Connection: Any driveway, street, turnout, or other means of providing for the movement of vehicles to or from the public roadway system. Access Management:The process of providing and managing access to land development while preserving the flow of all modes of traffic in terms of safety, capacity, speed, and the prevention of congestion. This traffic can include automobile, truck, mass transit, bicycle, and pedestrian forms. See Congestion Prevention.

Access Management Plan: A plan, or portion thereof, adopted by the Village Planner indicating the general location of recommended major thoroughfares such as arterial and collectors (see Article 8 of these regulations).

Access way: That area of road surface from curb line to curb line or between the edges of the paved or hard surface of the roadway, which may include travel lanes, parking lanes, and deceleration lanes located within the road right of way.

ADA: The American Disabilities Act of 1990 as in 42 U.S.C. 12101 et seq. and as is amended from time to time

ADT: See Average Daily Traffic, below.

Agricultural: Agriculture includes farming; ranching; aquiculture; apiculture; horticulture; viticulture; animal husbandry, including but not limited to the care and raising of livestock, equine, and fur-bearing animals; poultry husbandry and the production of poultry and poultry products; dairy production; the production of field crops, tobacco, fruits, vegetables, nursery stock, ornamental shrubs, ornamental trees, flowers, sod, or mushrooms; timber; pasturage; any combination of the foregoing; the processing, drying, storage, and marketing of agricultural products when those activities are conducted in conjunction with, but are not secondary to, such husbandry or production.

Applicant: The legal owner or owners of land included in a proposed development, including the holder of an option or contract to purchase, or person having an enforceable legal interest in such land. When the applicant is not the legal owner, written consent shall be required from the legal owner of the land. See also Developer.

Appropriate Authority: Those federal, state, or local agencies or departments, with expertise, interests, and/or authority in a given area, from which recommendations and/or approvals could be required. These include, but are not limited to: OEPA, ODOT, ODNR, SWCD, Local Water and Sewer District, etc.

Army Corps of Engineers (ACOE): A branch of the Department of Defense which, among other duties, provides assistance to state and local governments in the planning, development, operation and maintenance of water resources and flood control. In conjunction with stream and river management, the Corps also provides environmental restoration, wildlife protection and recreation.


http://www.epa.state.oh.us/

http://www.usdoj.gov/crt/ada/adahom1.htm

Average Daily Traffic (ADT): The average number of vehicles that travel that portion of roadway in the specified direction each day.

Best Management Practices (BMP): Schedules of activities, prohibition or practices, maintenance procedures, and other best management practices (both structural and non-structural) to prevent or reduce the pollution of surface waters of the state. BMP’s also include treatment requirements, operating procedures, and practices to control construction site runoff, spillage or leaks, sludge or waste disposal or drainage from raw material storage. Some BMP’s may qualify for credit towards water quality standards from, but are not limited to, the OEPA, ODOT, ODNR, SWCD.

Block: A tract of land bounded by streets or by a combination of streets, public parks, cemeteries, railroad rights-of-way, waterways, or the corporate limits of the Village or a municipality.

Bridge: A structure carrying a pathway or roadway over a depression or obstacle that has a span greater than 10’ wide.

Buffer, Landscape: An area within a property or site either consisting of natural existing vegetation or created by the planting or placement of trees, shrubs, fences, and/or berms, designed to limit the view, light, and/or sound from or to the site to adjacent sites, properties, or thoroughfares.

Buffer, Streambank: The area of no disturbance located on each side of a natural stream which shall be maintained in its natural or scenic condition to provide water quality protection and flood buffering.

Buildable Area: Space remaining on a lot after the minimum subdivision and zoning requirements for yards, setbacks, easements, and restrictions have been met.

Business Day: A day of the week excluding Saturday, Sunday, or a legal holiday as defined in Section 1.14 of the Ohio Revised Code.

Channel: A natural stream that conveys water; a ditch or channel excavated for the flow of water.

Classified Roadway: A roadway categorized by the amount of traffic it can or will carry and the amount of congestion prevention and access management it should receive. They are “Major Arterial,” “Minor Arterial,” “Major Collector,” and/or “Minor Collector” as designated by the Village of Johnstown Access Management Plan and Appendix XII.

Common Access Driveway (CAD): A driveway shared by adjacent property owners and privately owned and maintained. Common Access Drives are limited in the number of homes that they are permitted to serve.


Common Access Point (CAP): A point located with its center being a lot line and the road, where a driveway meets the road. This driveway shall extend from the road surface to the road right of way line and shall be shared point of access for the lot owners. From the road right of way line the driveways shall separate onto individual lots.

Common Area Property: A parcel(s) of land or an area of water or a combination of land and water within a development site designated, designed, and intended for the use and enjoyment of the residents of the development. Common areas may contain such complimentary structures and improvements as are necessary and appropriate for the benefit and enjoyment of residents of the development.

Community Facilities: A noncommercial use established primarily for the benefit and service of the population of the development in which it is located.

Completely Subdivided: A tract that is divided into as many lots as the subdivider intends and/or these Regulations permit.

Comprehensive Plan: A plan, or any portion thereof, adopted by the Village Council showing the general location and extent of present and proposed physical facilities and open spaces including housing, industrial and commercial uses, major streets, parks, schools, and other community facilities. This plan establishes the goals, objectives, and policies of the community based on public input and its demographics, economics, natural physical characteristics, and sociology.

Congestion Prevention: The process of providing and managing access to land development while preserving the flow of all modes of traffic in terms of safety, capacity, speed, and the prevention of congestion. This traffic can include automobile, truck, mass transit, bicycle, and pedestrian forms.

Congestion Prevention Plan (Corridor): A plan illustrating the design of access for lots on a highway, arterial, or collector segment and/or an interchange area.

Connection Spacing: The distance between connections, measured from the closet edge of pavement of the first connection to the closest edge of pavement of the second connection along the edge of the traveled way.

Contour Interval: A line on a map or survey that represents where all the land at the elevation is located. Contour maps show topography and United States Geological Survey (USGS) maps are based on ten (10) foot contour interval lines.

Corner Clearance: The distance from an intersection of a public or private road to the nearest access connection, measured from the closest edge of the pavement of the intersecting road to the closest edge of the pavement of the connection along the traveled way (see below).


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Corridor Overlay Zone: Special access requirements added onto existing land development requirements along designated portions of a public thoroughfare.

Covenant: a legally enforceable written agreement or promise which restricts the land or the use of the land by the correct property owner and all subsequent owners of the land an which is included in the deed or other instrument recorded with the Licking County Recorder

Critical Areas: As they pertain to erosion control measures are defined in Appendix XIV by the Licking County Soil and Water Conservation District.

Cross Access: A service drive providing vehicular access between two or more contiguous sites so the driver need not enter the public roadway system. (See Below)


STRE

ET

CORNER CLEARANCE

CORNERCLEARANCEDISTANCE

DISTANCEBETWEENDRIVEWAY

CONNECTIONS

Culvert: A conduit with a span of less than ten (10) feet for conveying water through an embankment.

Curb: A stone or concrete boundary usually marking the edge of a roadway or paved area.

Dedication: An agreed, uncompensated appropriation of land, or an interest therein, by the property owner for use by the public. Examples of dedication may include but are not limited to land dedicated for street, utility easements or other land reserved for public use.

Dedication, fee in lieu of: Cash payments that may be required of an owner or developer as a substitute for a dedication of land, usually calculated in dollars per lot, and referred to as in-lieu fees or in-lieu contributions.

Deed: An instrument in writing that conveys and interest in land from the grantor to the grantee. Deeds are generally classified as bargain and sale, general warranty deeds, or quitclaim deeds.

Deed Restriction (see also Covenant): A legal restriction on the use of land, included in the deed to a property.

Density: A unit of measurement; the number of dwelling units per acre of land.


GoodSeparation

Rear Cross Access Drive

UndevelopedProperty

GoodSeparation

UndevelopedProperty

Front Access Drive

AccptableSeparation

Cross Access Drive

Zig-Zag Access Drive

Gross Density: The numerical value obtained by dividing the total number of dwelling units in a development by the gross area of the tract of land (in acres) within the development. This would include all nonresidential uses and private streets of the development, as well as rights-of-way of dedicated streets; the result being the number of dwelling units per gross acre of land.

Net Density: The numerical value obtained by dividing the total number of dwelling units in a development by area of the actual tract of land (in acres) upon which the dwelling units are proposed to be located and including common areas and associated recreational facilities within the area; the result being the number of dwelling units per net residential acre of land. Net density calculations exclude rights-of-way of publicly dedicated streets and private streets.

Denude: The act of stripping, scraping, and/or scalping a site of vegetation, thus exposing bare soil.

Detention: The capture, collection, and subsequent slow release of stormwater runoff; the primary purpose of which is to mitigate increases in stormwater runoff rates, providing protection, whether complete or partial, to down-slope areas, from the adverse effects of increased runoff rates.

Detention Basin/Pond: A man-made or natural water collecting facility designed to collect surface and subsurface water in order to temporarily impede its flow and to release the same gradually at a rate not greater than that prior to development, into natural or man-made outlets. See also Retention Basin/Pond.

Developer: Any individual, subdivider, firm, association, syndicate partnership, corporation, trust, or any other legal entity commencing proceedings under these Regulations to effect a platted subdivision or a development of land hereunder for himself or for another. Also, the holder of an option or contract to purchase, or any other person having enforceable proprietary interests in such land.

Development: 1. The construction of a new building or other structures on a plot, the relocation of

other structures on a lot, the relocation of an existing building on another lot, or the use of open land for a new land use.

2. Also means any man-made change to improved or unimproved real estate, including but not limited to parking, fences, pools, signs, temporary uses, clearing the land of natural vegetative cover (with the exception of agricultural activities, except timbering), subdivision of land, mining, dredging, filling, grading, paving, excavation, or drilling operations. Routine repair and maintenance activities are exempted.

3. Development occurring on one or more existing lots that involves the opening, widening, or extension of any easement of access or driveway, and/or will increase the traffic flow to and from the site onto a public roadway, and/or will increase the impermeable surface area of the site by more than twenty percent (20%) of the total lot area.


Development Area: An area owned by an individual, firm, or association being developed as a single phase or multiple phases (units) and used or being developed or redeveloped, for non-farm commercial, industrial, residential or other non-farm purposes upon which earth disturbing/land disturbance activities are planned or underway.

Directional Median Opening: An opening in a restrictive median, which provides for specific movements and physically restricts other movements. Directional median openings for two opposing left or “U-turn” movements along a road segment are considered one directional median opening.

District Highway Director: The director of the local district (District 5) of the Ohio Department of Transportation.

Ditch: An excavation either dug or natural for the purposes of drainage or irrigation with intermittent flow.

Ditch Petition: The process, governed by the Chapter 6131 of the Ohio Revised Code, and amendments, that details the method for permitting public maintenance of drainage facilities.

Drainage: The removal of surface or subsurface water from a given area either by gravity or by pumping.

Drainage Plan: Includes BMP’s, facilities, channels, and areas which serve to convey, filter, store, and/or receive stormwater, either on a temporary or permanent basis. See also sediment or erosion control plan.

Drainageway: An area of concentrated water flow.

Driveway: A privately owned and maintained way to one lot of record used to provide vehicular and pedestrian access.

Dry Hydrant or Draughting Hydrant: A non-pressurized pipe system permanently installed in lakes, ponds, streams, cisterns, and other structures that provide a means of access to water for the use of fighting fires whenever needed, regardless of weather.

Dumping: Grading, pushing, pilling, throwing, unloading, or placing of any material.

Dwelling Unit: Space, within a building, comprising living, dining, sleeping room or rooms, storage closets, as well as space and equipment for cooking, bathing, and toilet facilities, all used by only one family and its household employees.

Earth-Disturbing Activity: Any grading, excavating, filling, or other alteration of the earth’s surface where natural or man-made ground cover is destroyed and which results in or contributes to erosion and sediment pollution.


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Earth Material: Soil, sediment, rock, sand, gravel, and organic material or residue associated with or attached to the soil.

Easement: A legal ownership interest in land given by the owner (grantee) to a third party (grantor) for the specific purpose described in the written document that shall be recorded with the Licking County Recorder.

Easement of Access: An easement for immediate or future use, to provide vehicular and/or pedestrian access and/or accommodation for utilities, from a street to a lot, principal building, or accessory structure.

Emergency Access/Emergency Apparatus Access Road: A road that provides fire apparatus or emergency equipment access from the fire station to a facility, building, or right of way. This is a general term inclusive of all other terms such as fire lane, emergency lane, road, street, etc.

Engineer: Any person registered to practice professional engineering by the state board of registration as specified in Section 4733.14 of the Ohio Revised Code.

Erosion: 1. The wearing away of the land surface by running water, wind, ice, or other

geological agents, including such processes as gravitational creep.2. Detachment and movement of soil or rock fragments by wind, water, ice, or

gravity.3. Erosion includes:

Accelerated Erosion: Erosion much more rapid than the normal, natural, or geological erosion, primarily as a result of the influence of the activities of man.Flood Plain Erosion: Abrading and wearing away of the nearly level land situated on either side of a channel due to overflow flooding.Gully Erosion: The erosion process whereby water accumulates in narrow channels during and immediately after rainfall or snow or ice melt and actively removes the soil from this narrow area to considerable depths such that the channel would not be obliterated by normal smoothing or tillage operations.Natural Erosion (Geologic Erosion): Wearing away of the earth’s surface by water, ice, or other environmental conditions of climate, vegetation, etc., undisturbed by man.Normal Erosion: The gradual erosion of land used by man, which does not greatly exceed natural erosion.Rill Erosion: An erosion process in which numerous small channels only several inches deep are formed; occurs mainly on recently disturbed soils.Sheet Erosion: The removal of a fairly uniform layer of soil from the land surface by wind or runoff water.

Erosion Control Plan: See Sediment Control Plan below.


Existing Grade: The level of ground prior to any development or earth disturbing activity.

Federal Emergency Management Agency (FEMA): The agency with the overall responsibility for administering the National Flood Insurance Program.

Fee-in-Lieu of: See Dedication, Fee-in Lieu of.

Fee Simple: A form of land ownership that includes all property rights, including the right to develop land.

Final Plat (Mylar): A final map of all of a portion of a subdivision or site plan that is present to the property review authorities for final approval. After approval, the Final Plat is recorded with the Licking County Recorder.

Final Plat (Process): The process to ensure that all conditions, engineering plans, and other requirements have been completed or fulfilled and that required improvements have been installed, or guarantees properly posted for their completion.

Finished Grade or Finished Elevation: The grade or elevation of the ground surface conforming to the site-grading plan.

Flood or Flooding: A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters, or the unusual and rapid accumulation or runoff or surface waters from any source.

Flood, Base: A flood having a one percent chance of being equaled or exceeded in any given year, also known as the 100-year flood.

Flood Fringe: The portion of the floodplain, which lies on either side of the floodway.

Flood Insurance Rate Map (FIRM): An official map on which the Federal Emergency Management Agency has delineated the areas of special flood hazard.

Flood Insurance Study: The official report in which the Federal Emergency Management Agency has provided flood profiles, floodway boundaries, and the water surface elevations of the base flood.

Flood Plain or Flood-Prone Area: Any land area susceptible to being inundated by water from any source. A Flood Insurance Rate Map identifies some, but not all, of a community’s floodplains as the Special Flood Hazard Areas.


SOURCE: http://www.ohiodnr.gov/water/floodpln/

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Floodway: The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

Frontage Road: A public or private drive, which generally parallels a public street between the right-of-way and the front building setback line. The frontage road provides access to private properties while separating them from the arterial street. (See also Service Roads)

Full Median Opening: An opening in a restrictive median that allows all turning movements from the roadway and the intersecting road or access connection.

Functional Area (Intersection): That area beyond the physical intersection of two roadway facilities that comprises decision and maneuver distance, plus any required vehicle storage length, and is protected through corner clearance and driveway connection spacing standards. (See Below)

Functional Classification: A system used to group public roadways into classes according to their purpose in moving vehicles and providing access.

Grassed Waterway: A broad or shallow natural course or constructed channel covered with erosion-resistant grasses or similar vegetative cover and used to conduct surface water.

Grubbing: Any activity that removes or significantly disturbs the root matter within the ground.


BOUNDARY OFINTERSECTION

Physical Area

Functional Area

Hazard: Any danger to public health, welfare, and safety including exposure to risk or damage to property of liability for personal injury; or risk of harm to land, air or water resulting in environmental degradation. Hazards can include but are not limited to flooding and ponding, compaction and settling, landslides, earthquakes, toxic chemicals, radiation, fire and disease.

Headwall: A wall (of any material) at the end of a culvert or drain to serve one or more of the following purposes: protect fill from scour or undermining, increase hydraulic efficiency, divert direction of flow, serve as a retaining wall.

Highway Director: The director of the Ohio Department of Transportation.

HOA; Home Owners Association: An association or organization, whether or not incorporated, which operates under and pursuant to recorded covenants or deed restrictions, through which each owner of a portion of a subdivision-be it a lot, parcel site, unit plot, condominium, or any other interest-is automatically a member as a condition of ownerships and each such member is subject to a charge or assessment for a pro-rated share of expense of the association which may become a lien against the lot, parcel, unit, condominium, or other interest of the member.

Improvements: Street pavement or resurfacing, curbs, gutters, sidewalks, water lines, sewer lines, storm drains, street lights, flood control and drainage facilities, utility lines, landscaping, and other related matters normally associated with the development of raw land into building sites, or for a new land use or a change in land use.



Increase in Access: Adding more vehicle traffic entering and/or exiting through that area than previously existed due to a change or expansion of use and/or the physical widening of the access point itself.

Inspector: Duly authorized agent of the Village Engineer, Village Planner, or Licking County Soil and Water Conservation District.

Instrument Number: Identification number provided by the Licking County Recorder’s Office on deeds, and other recorded documents that are recorded with the County Recorder. (See also Deed)

Jog: A jog is where two parallel streets intersect with a common street with an offset of the centerlines of less than two hundred fifty feet.

Joint Access (or Shared Access): The point where vehicles enter or leave the public roadway to or from a private lot, which are shared, by two or more contiguous sites.

Licking County Area Transportation Study (LCATS): This is the federally designated Metropolitan Planning Organization (MPO) for all of Licking County except Etna Township, the City of Reynoldsburg and the City of Pataskala and established as a result of the federal Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991 and the Clean Air Act of 1990. The main goal of LCATS is to utilize federal funds that are available to the county to produce the most efficient transportation system possible through the 20 Year Long-Range Transportation Plan and the Transportation Improvement Program (TIP). It is also responsible for the County Thoroughfare Plan.

Licking County Building Code Department: The organization that is responsible for regulating construction and require building permits, electrical permits, mechanical permits, plumbing permits, and other permits to do work regulated by the Building Code Department pertaining to building and building regulation.

Licking County Engineer: The office established under Chapter 315 of the Ohio Revised Code.

Licking County Health Department: The organization representing the Board of Health of the Licking County General Health District established under Chapter 3709 of the Ohio Revised Code.

Licking County Recorder: The office established under Chapter 315 of the Ohio Revised Code.

Licking County Soil and Water Conservation District (SWCD) : A district organized under Section 1515.05 of the Ohio Revised Code. A political subdivision of the State of Ohio in charge of informing individuals about best management techniques for soil and


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water. The SWCD works in conjunction with the Ohio Soil and Water Conservation District which is established in the Ohio Department of Natural Resources.

Village of Johnstown Water and Wastewater Department (VJWWD): The Village of Johnstown water and sewer departments that provides centralized water and wastewater services to the Village of Johnstown.

Limited Access Highway / Freeway: A highway especially designed for through traffic and over which abutting property owners have no easement or right of access (or no right of increased access) by reason of the fact that their property abuts upon such highway (ORC 5511.02) except as granted by these Regulations. Major and Minor Arterials, as identified in the Village of Johnstown Access Management Plan and these Regulations, are Limited Access Highways/Freeways.

Location and Design Manual: A manual produced by the Ohio Department of Transportation, which provides for uniform standards and criteria for transportation facilities for both state and local roads. Location Map: See also Vicinity Map.

Lot: Includes the words “plot” or “parcel.” For purposes of these Regulations, a lot is a parcel of land of sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as are herein required. Such a lot shall have frontage on an improved public street, and shall consist of one of the following:1. A single lot of record.2. A portion of a lot of record on the same deed.3. A combination of complete lots of record, or complete lots of record and portions

of lots of record, or of portions of lots of record on the same deed.

Lot, Minimum Area of: The area of a lot is computed exclusive of any portion of the right-of-way of any public or Private Street, and any other easements of record.

Lot Frontage: That portion of a lot extending along a street right-of-way.

Lot Lines: The lines that make up the boundary of a lot.

Lot Measurement: A lot shall be measured as follows:1. Depth of a lot considered to be the distance between the mid-points of straight

lines connecting the foremost points of the side lot lines at the front yard setback and the rearmost points of the side lot lines in the rear.

2. Width of a lot shall be considered to be the distance between straight lines connecting from and rear lot lines at each side of the lot, measured at the front building setback line as established by the current Village zoning regulations or, where no zoning exists, 40 feet back from the edge of the current or proposed right-of-way.


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Lot, Nonconforming: A lot that does not meet the dimensional requirements of these Regulations or the zoning district in which it is located and that existed before these requirements became effective.

Lot of Record: A lot which is part of a subdivision recorded in the office of the County Recorder, or a lot or parcel described by metes and bounds, the description of which has been so recorded.

Lot Split (Minor Land Division): The division of the original tract does not involve the opening, widening or extension of any street or road, or easement of access, does not involve more than five (5) lots, including the remainder of the original tract.

Lot Types: Terminology used in these Regulations with reference to corner lots, interior lots, and through lots is as follows:

1. A corner lot is defined as a lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost points of the lot meet at an interior angle of less than 135 degrees.

2. An interior lot is a lot other than a corner lot with only one frontage on a street.3. A through lot is a lot other than a corner lot with frontage on more than one street.

Through lots abutting two streets are sometimes referred to as double frontage lots.

4. A reversed frontage lot is a lot on which frontage is at right angles to the general pattern in the area. A reversed frontage lot may also be a corner lot.

5. A flag lot is a lot, which utilizes a narrow strip of land to provide access to, or legal frontage on, a public street.

Mid Ohio Regional Planning Commission (MORPC): This is the federally designated Metropolitan Planning Organization (MPO) for Etna Township, the City of Reynoldsburg


Lot Frontage

CornerLot Interior Lot

Flag LotThrough

Lot CornerLot

Interior Lot

Interior Lot

CornerLot

Side LotLines

LotDepth Lot

Width

Street

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and the City of Pataskala in Licking County and established as a result of the federal Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991 and the Clean Air Act of 1990. The main goal of MORPC is to utilize federal funds that are available to its members to produce the most efficient transportation system possible through the 20 Year Long-Range Transportation Plan and the Transportation Improvement Program (TIP).

Minor Land Division: A division of a parcel of land that does not require a plat to be approved by a planning authority according to Section 711.131 of the Ohio Revised Code. Also known as a lot split.

Monuments: Permanent concrete or iron markers used to definitively establish all lines of the plat of a subdivision, including all lot corners, boundary line corners, and points of change in street alignment.

More Than Five (5) Acres: The term more than five (5) acres shall mean a minimum of 5.01 acres.

MPO: Regional planning entity responsible for transportation planning and approval of federal transportation funding for the region.

Natural Resource Conservation Service (NRCS): A federal agency that provides technical assistance about natural resource conservation and administers water quality programs.

National Pollutant Discharge Elimination System (NPDES) Permit: As authorized by the Clean Water Act, the National Pollutant Discharge Elimination System (NPDES) permit program controls water pollution by regulating point sources that discharge pollutants into waters. See Appendix XIV

Nonconforming Access Features: Features of the access system of a property that existed at the date of this article’s adoption that do not conform with the requirements of these Regulations.

Nonrestrictive Median: A median or painted centerline that does not provide a physical barrier between traffic traveling in opposite directions or turning left, including continuous center turn lanes and undivided roads.

Ohio Department of Natural Resources (ODNR): The department of the State of Ohio that is responsible for the protection of Ohio’s resources. This involves sustaining the productivity of Ohio's renewable natural resources such as timber, wildlife, and water; promoting wise use of Ohio's non-renewable resources such as oil and gas; and protecting Ohio's threatened and endangered natural resources such as rare plants and animals.

Ohio Department of Transportation (ODOT): The department of the State of Ohio charged with creating, maintaining, and supporting infrastructure to move people and



http://www.dnr.state.oh.us/

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http://www.nrcs.usda.gov/

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goods within the state. ODOT is divided into districts, with District 5 responsible for Licking County.

Ohio Environmental Protection Agency (OEPA): Ohio EPA has authority to implement laws and regulations regarding air and water quality standards; solid, hazardous and infectious waste disposal standards; water quality planning, supervision of sewage treatment and public drinking water supplies; and cleanup of unregulated hazardous waste sites.

Ohio Revised Code (ORC): The laws adopted by the State of Ohio that govern the state.

Open Space: Any land area, the preservation of which in its present use would: (1) conserve and enhance natural or scenic resources; or (2) protect streams or water supply: or (3) promote conservation of soils, wetlands, beaches, or tidal marshes; or (4) enhance the value to the public of abutting or neighboring parks, forests, wildlife preserves, nature reservations, or sanctuaries; or (5) enhance recreational opportunities.

Original Tract: Property shown as a parcel or contiguous parcels under the same ownership on the official tax maps of Licking County as of January 1st of each year.

Original Owner: The individual, family member, persons, company, or corporation (with essentially the same ownership or share-holders) owning the tract as shown on the official tax map as of January 1st of each year.

Out Lot: Property shown on a subdivision plat outside of the boundaries of the land which is to be developed and which is to be excluded from the development of the subdivision or development plat.

Out Parcel: A parcel of land abutting and external to the larger, main parcel, which is under separate ownership and has roadway frontage.

Parcel: A contiguous quantity of land in single ownership or under single control, or parcels described on one deed reference.

Pad: A building site prepared by artificial means, including but not limited to, grading, excavation, filling, or any combination thereof.

Parking Space, Off-street: For the purpose of these Regulations, an off-street parking space shall consist of an area adequate for parking an automobile with room for opening doors on both sides, together with property related access to public street or alley and maneuvering room, but shall be located totally outside of any street or alley right-of-way. The Planner shall utilize the current edition of Urban Planning and Design Criteria, for determining the size and number of parking spaces.


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Pavement Width: Width of paved driving and parking surface, including gutters as measured from curb face to curb face, or from the edge of pavement where there are no curbs.

Pedestrian Walkway: An allowance designed exclusively for pedestrians other than a sidewalk and shall include nature trails and paths.

Performance Bond or Surety Bond: An agreement by a subdivider or developer with the Village for the amount of the estimated construction cost guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by subdivider’s agreement.

Permanent Stabilization: The establishment of permanent vegetation, decorative landscape mulching, matting, sod, rip rap, and landscaping techniques to provide permanent erosion control on areas where construction operations are complete or where no further disturbances are expected for at lease one year.

Person: Any individual, corporation, partnership, joint venture, agency, business association, municipal corporation, county or state agency, the federal government, or any combination thereof.

Plan: The map, drawing, or chart containing the developer’s plan for a subdivision that fall under the following categories:

1. Sketch Plan : A generalized concept plan of a subdivision, accompanied by the information described in Section 3.3 of these Regulations.

2. Preliminary Plan : A map indicating the proposed layout of a development and related information described in Section 3.4 of these Regulations.

3. Final Plat : The final map of all or a portion of a subdivision and related information described in Section 3.5 of these Regulations.

Planned Unit Development (PUD): An area for which a unitary development plan has been prepared indicating but not being limited to, the following land uses: open space, on-site circulation for both pedestrians and vehicles, parking, setbacks, housing densities, building spacing, land coverage, landscaping, relationships, streets, building heights, accessory uses. A Planned Unit Development also includes “cluster developments,” which are a development design technique that concentrates buildings in a specific area on a site to allow the remaining land to be used for recreation, common open space, or preservation of environmentally sensitive areas.

Planner: Herein refers to the Village Planner (Planner).

Planning and Zoning Commission (PZC): A committee made up of local officials or other local, state, or federal authorities. The Planning and Zoning Commission will advise and recommend to the Village Planner on matters related to subdivisions, developments, plats, and other matters as requested by the Village Planner.


Plat: The legal map, drawing, or chart containing the developer’s plan for a subdivision, which is officially recorded.

Pollution: The man-made or man-induced alteration of the chemical, physical, biological or radiological integrity of air, water or soil resources.

Preliminary Plan: A plan used to determine whether the proposed layout meets the standards and requirements of these Regulations and whether the proposed development concepts under the zoning classification and proposed public improvements and utilities are acceptable to the appropriate offices, agencies, and governmental bodies having jurisdiction.

Principal or Main Building/Structure: Any building/structure which is carried on the principal purpose for which the building lot is used and shall include a barn or silo used in conjunction with a farm.

Private Road: Any road or thoroughfare for vehicular travel which is privately owned and maintained and which provides the principal means of access to abutting properties.

Public Access: A means of physical approach to and along common open space or use available to the public or landowners within a development.

Public Road: A road under the jurisdiction of a public body that provides the principal means of access to an abutting property.

Public Waters: Water within rivers, streams, ditches, and lakes except private ponds and lakes wholly within single properties, or waters leaving property on which surface water originates.

Public Way: An alley, avenue, boulevard, bridge, channel, ditch, easement, expressway, freeway, highway, land, parkway, right-of-way, or other ways in which the general public or a public entity have a right, or which are dedicated, whether improved or not.

Quasi-Public: A use conducted by, or a facility or structure owned or operated by, a nonprofit, religious, or eleemosynary institution that provides educational, cultural, recreational, religious, or other similar types of public services.

Rainwater and Land Development Manual: A manual describing construction and post-construction best management practices and association specifications. A copy of the manual may be obtained by contacting the Ohio Department of Natural resources, Division of Soil and Water Conservation.

Reasonable Access: The minimum number of access connections, direct or indirect, necessary to provide safe access to and from the thoroughfare, as consistent with the purpose and intent of these Regulations.


Related Owner: As per the Internal Revenue Service definition and as it is related to the Ohio Department of Development’s definition of an “arms length transaction.”

Reserve: A parcel of land set aside for a use or purpose expressly stated in the deed for the parcel as is included in the Final plat and/or Restrictive Covenants which are recorded with the Licking County Recorder.

Restrictive Median: A physical barrier in the roadway that separates traffic traveling in opposite directions, such as a concrete barrier or landscaped island.

Retaining Wall: A structure erected between lands of different elevation to protect structures and/or prevent the washing down or erosion of earth materials from the upper slope level.

Retention: The collection and storage of stormwater runoff without subsequent discharge other than through infiltration into the ground or evaporation.

Retention Basin/Pond: A man-made or natural water collecting facility (pond, pool, or basin) used for the permanent storage of water runoff. See also Detention Basin/Pond.

Right-of-Way (ROW): A strip of land dedicated for use as a public way. In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks, lighting, and drainage facilities, and may include special features (required by the topography or treatment) such as grade separation, landscaped areas, viaducts, and bridges.

Riparian Corridor: The area between a stream or other body of water and the adjacent upland, which is two times the width of the stream channel with a minimum width of 50 feet and a maximum width of 120 feet upland, where frequent flooding is likely to occur, and which is integral to maintaining the natural quality of the water body.

Road: See Roadway and Thoroughfare, Street, or Road, below.

Roadway: Public: A general reference to a public road, highway, thoroughfare, street, and/or right-of-way. A road or highway includes bridges, viaducts, grade separations, appurtenances, and approaches on or to such road or highway (see ORC 5501.01). See also Thoroughfare, Street, or Road.Private: Same as Public Roadway but will not be petitioned by the owner/developer to be turned over to the Village for public maintenance. Private roadways are built to public roadway standards. (See Section 8.44)

R.O.W.: See Right-of-Way, above.

Runoff: The portion of rainfall, melted snow, or irrigation water that flows across the ground surface and eventually is returned to streams, rivers, lakes, and ponds. That part


of the precipitation which runs off the surface or a drainage area after all abstractions are accounted for.

Sediment: Solid material both mineral and organic, which is in suspension, is being transported, or has been moved from its site or origin by wind, water, gravity, or ice, and has come to rest on the earth’s surface above or below sea level.

Sediment Basin: A facility such as a depressional storage area, a pond or trap, barrier, dam or other suitable detention facility built across an area of water flow to settle by gravity or filtration and retain sediment carried by surface drainage runoff water.

Sediment or Erosion Control Plan: A written description, in graphical and descriptive terms, subject to review and approval by the approving agency, of methods for controlling sediment pollution from accelerated erosion of a development area of one or more contiguous acres for developments one acre or greater.

Sediment Pollution: Failure to use management or conservation practices to abate wind or water erosion of the soil or to abate the degradation of the waters of the state by soil sediment in conjunction with land grading, excavating, filling, or other soil-disturbing activities on land used or being developed for non-farm commercial, industrial, residential, or other non-farm purposes.

Service Road: A public or private street or road, auxiliary to and normally located parallel to a highway facility that maintains local road continuity and provides access to parcels adjacent to the regulated access highway.

Setback Line: A line established by the subdivision regulation and/or zoning resolution generally parallel with and measured from the lot line, defining the limits of a yard in which no building, other than accessory buildings, or structure may be located above ground except as may be provided in said codes (See Yards).

Sewer System, On-Site: A septic tank or similar installation on an individual lot, which utilizes an aerobic bacteriological process or equally satisfactory process for the elimination of sewage and provides for the proper and safe disposal of the effluent, subject to the approval of health and sanitation officials having jurisdiction.

Shared Access Point: A point of common access to a public roadway leading to separate drives providing access to distinct parcels. (See Below)


Sidewalk: That portion of a road right-of-way outside the roadway, which is improved for the use of pedestrian traffic. See also Walkway.

Significant Change in Trip Generation: A change in the use of the property, including land, structures or facilities, or an expansion of the size of the structures or facilities that creates an increase in the trip generation of the property exceeding 10 percent more trip generation (either peak or daily) or 100 vehicles per day more than the existing use for all roads falling within these Regulations.

Slip (Landslide): The rapid downward and outward movement of large rock material and/or soil mass under the influence of gravity in which the movement of soil mass occurs along an interior surface of sliding.

Sloughing: A slip or downward movement of an extended layer of soil resulting from the undermining action of water or the earth-disturbing activity of man.

Soil Loss: Soil relocated on or removed from a given area by the forces of erosion and the redeposit of the soil at another area on land or in a body of water.

Southwest Licking Community Water and Sewer District: Regional water and sewer district that provides centralized water and wastewater service to Etna, Harrison, and the former Lima Townships.

Stabilization: The prevention of soil movement by any vegetative and or structural means.

Staff, Planning and Zoning Commission: Employees of the Village Planning and Zoning Commission, Also Planner staff.

Stopping Sight Distance: The sum of two distances; the distance traveled during perception and reaction time and the distance required to stop the vehicle. Stopping sight distance is calculated for a passenger car using an eye height of 3.50 feet and an object height of 2.0 feet.


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Storm Frequency: The average period of time within which a storm of a given duration and intensity can be expected to be equaled or exceeded probability of a rain fall event.

Stream: A system including permanent or seasonally flowing water, a defined channel, flood plain, and riparian ecosystem. Streams have no defined size range, but generally are considered smaller than rivers.

Intermittent: Also have well-defined banks and natural channels, but typically have flowing water from a headwater source for only a portion of the year.

Perennial: Are identified by well-defined banks and natural channels, and have continuously flowing water most years.

Ephemeral: Is a stream that flows only during and for short periods following precipitation and flows in low areas that may or may not have a well-defined channel.

Stripping: Any activity that removes or significantly disturbs the vegetative surface cover.

Stub Street: A portion of a street or cross access drive used as an extension to an abutting property that may be developed in the future.

Subdivider: Any person, persons, or corporation or duly authorized agent who undertakes the subdivision of land.

Subdivision (See also Development): 1. The division of any parcel of land shown as a unit or as contiguous units on the

last preceding general tax list and duplicate of real property, into two or more parcels, sites, or lots any one which is less than twenty 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 twenty acres not involving any new street or easements of access, and the sale or exchange of parcels between adjoining lot owners, where that sale or exchange does not create additional building sites, shall be exempted. See Article 1, Section 1.08.

2. The improvement of one or more parcels of land for residential, commercial, or industrial structures or groups of structures involving the division or allocation of land for the opening, widening, or extension of any public or private street or streets except private streets serving industrial structures; or involving the division or allocation of land as open spaces for common use by owner, occupants, or leaseholders, or as easements for the extension and maintenance of public or private sewers, water, storm drainage, or other similar facilities. See Article 1, Section 1.08 and Minor Subdivision, Article 3, Section 3.1.


Substantial Enlargements or Improvements: The lesser of 10% increase in existing square footage or 50% increase in assessed valuation of the structure.

Surface Waters of the State: Means all streams, lakes, reservoirs, ponds, marshes, wetlands, or other waterways which are suited wholly or partly within the boundaries of the state, except those private waters which do not combine or effect a junction with surface water. Waters defined as sewage systems, treatment works or disposal systems in Section 6111.01 of the Ohio Revised Code are not included.

Surveyor: Any person registered to practice surveying in the State of Ohio.

SWCD: Licking County Soil & Water Conservation District;

SWP3 (or SWPPP): Storm Water Pollution and Prevention Plan; This plan shall be prepared in accordance with sound engineering and/or conservation practices by a professional experienced in the design and implementation of standard erosion and sediment controls and storm water management practices addressing all phases of construction. The SWP3 shall identify potential sources of pollution which may reasonably be expected to affect the quality of storm water discharges associated with construction activities. In addition, the SWP3 shall describe and ensure the implementation of best management practices (BMPs) that reduce the pollutants in storm water discharges during construction and pollutants associated with post-construction activities to ensure compliance with Section 6111.04 of the Ohio Revised Code and Chapter 3745-1 of the Ohio Administrative Code and the terms and conditions of the permit.

Temporary Access: Provision of direct access to the regulated access facility until that time when adjacent properties develop, in accordance with a joint access agreement or frontage road plan.

Temporary Stabilization: The establishment of temporary vegetation, mulching, geotextiles, sod, preservation of existing vegetation and other techniques capable of quickly establishing cover over disturbed area to provide erosion control between construction operations.

Thoroughfare, Street, or Road: The full width between property lines bounding every public way of whatever nature, with a part thereof to be used for vehicular traffic and designated as noted in Article 4, Section 4.1. All design standards and criteria for aforementioned are designated in Article 4, Section 4.1, and in Article 8, Section 8.1 (All roads in the Village are also categorized in Village’s Long Range Transportation Plan). See also Roadway.

Topsoil: Surface and upper surface soils, which presumably are darker colored, fertile soil materials, ordinarily rich in organic mater or humus debris.


Traffic Impact Study (TIS): A study of the effects of traffic generated by a development on the capacity, operations, and safety of the public street and highway system.

T.R.C.: See Planning and Zoning Commission, above.

United State Geological Survey (USGS): Federal agency in charge of keeping accurate maps of the United States. The USGS created topographic maps of the county and divided them into quadrangles (“quads”). These quadrangles show contour elevations and intermittent streams and perennial streams, among other land features such as roads, bodies of water, and structures.

USGS: United States Geological Society; As an unbiased, multi-disciplinary science organization that focuses on biology, geography, geology, geospatial information, and water, are dedicated to the timely, relevant, and impartial study of the landscape, the natural resources, and the natural hazards that occur.

Utilities: A necessary service for the convenience or welfare of the public. The utilities include, but are not limited to, electric service, natural gas, water systems, sewer systems, cable television companies, and telephone service.

Variance: A variance is a modification of the strict terms of these Regulations where such modification will not be contrary to the public interest and where owing to conditions peculiar to the property and not the result of the action of the applicant or property owner, a literal enforcement of the regulations would result in unnecessary and undue hardship.

Vehicle Storage Length: That portion of the roadway or parking lot where vehicles line up waiting to turn onto an intersecting roadway or parking lot.

Vicinity Map: A drawing located on the plat which sets forth, by dimensions or other means, the relationship of the proposed subdivision to other nearby developments or landmarks and community facilities and services within Licking County in order to better locate and orient any area in question.

Village Planner (Planner): A person who will advise and recommend to the Village Council on matters related to subdivisions, developments, plats, and other matters as requested by the Village Council. Also referred to as “Planner” herein.

Village of Johnstown: Refers to the Village of Johnstown, or Johnstown, or Village.

Walkway: A dedicated public way for pedestrian use only, whether along the side of the road or not. (See also Sidewalk)

Watercourse: A channel in which a flow of water occurs, either continuously or intermittently, and in the latter, with some degree of regularity. Such flow must be in a


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definite direction and cover a prescribed area. Watercourses may be either natural or artificial, and both may occur either on the surface or underground.

Watershed: The drainage basin in which the subdivision drains or that land whose drainage is affected by the subdivision.

Yard: A required open space other than a court, unoccupied and unobstructed by any enclosed structure.

1. Front : A yard extending between side lot lines across the front of a lot and from the front lot line to the front of the principal building (also called the building line).

2. Rear : A yard extending between side lot lines across the rear of a lot and from the rear lot line to the rear of the principal building.

3. Side : A yard extending from the principal building to the side lot lines on both sides of the principal building between lines establishing the front and rear yards.

Zoning Resolution: Regulations adopted by a Village that govern how land can be used.


ARTICLE 3 PROCEDURES FOR MINOR LAND DIVISION AND SUBDIVISON APPROVAL

Section 3.0 Introduction

These Regulations are established to protect the subdivider and the public. By law, the Planner must consider all relevant aspects of a subdivision including the feasibility, desirability, safety, roads, water and sewerage, compliance with other regulations, and the physical capability and suitability of the land to support the development. In this respect, time limits are set in these Regulations to allow sufficient and reasonable periods of public review and comment. The time limitations set forth in these Regulations meet the standards set in Chapter 711 of the Ohio Revised Code.


There are six (6) basic types of subdivision or development review procedures in Licking County. They are:

Minor Land Division (Lot Split), see Section 3.1;

Adjacent Property Transfer Land Division , see Section 3.16;

Major Land Subdivision (Subdivision), see Section 3.2;

Major Development of single or multiple lots in which there is substantial improvement (e.g. apartments, schools, commercial shopping center, etc.), see Section 3.6;

Replat , see Section 3.7

Access Management Plan Review for existing and proposed parcels, see Article 8.

Section 3.1 Minor Land Division (Lot Split)

Section 3.10 Minor Land Division Criteria

Pursuant to ORC 711.131, minor land divisions are divisions of parcels, which meet certain criteria and shall be approved by the Planner without a plat. These criteria include the following:

1. The division of the original tract does not involve the opening, widening or extension of any street or road, or easement of access, does not involve more than five (5) lots, including the remainder of the original tract, and is located on a roadway that is not identified as a Minor or Major Arterial Roadway in Section 8 of these Regulations.

The original tract is defined herein as property shown as a parcel or contiguous parcels under the same or related ownership on the official tax maps of Licking County as of January 1st of each year.

2. Only five (5) lots, including the remainder of the original tract, may be split from an original tract, if the lots will gain access from a roadway that is identified as a regulated or restricted access highway or freeway (i.e. Major Arterial) in Section 8 of these Regulations (See Appendix XII), as of the effective date of these Regulations. This division of the original tract shall not involve the opening, widening or extension of any street or road, or easement of access.

3. All minor land divisions must comply with Article 4: Development Regulations (See Section 4.51), Article 8: Access Management the appropriate Village zoning resolution, and the Licking County Flood Prevention Regulations.

4. All adjacent property transfer land divisions are also considered minor land divisions in terms of review and approval procedures, except that adjacent property transfer land divisions, as non-buildable lots, do not count toward the five (5) minor lot split per year limitation (See Section 3.16).

5. If the division of land is to be used exclusively for agricultural or recreational purposes with no residential structures or residential, commercial, or industrial development of any kind permitted and is so stated on the deed for perpetuity and the lot(s) being created, including the remainder of the original tract, do not total more than five (5) minor land divisions in number, are not being platted, are five (5) acres or greater in size, and do not involve the creation or modification of any streets or easements of access then it may proceed through the process outlined in Section 3.11. The agricultural use may be changed in the future if the lot meets all county, Village, and local regulations in effect at the time. This type of proposed lot must be submitted to the Planner to ensure that it meets these conditions, all applicable local zoning regulations, and Article 8 of these Regulations (See also Section 1.08).


Table 1: Driveway Spacing Requirement

DRIVEWAY SPACING REQUIREMENTS*For Classified Roads in Village of JohnstownRoadClassification

35 mph orLess 45 mph 55 mph or

MoreMinor Collector 250’ 250’ 250’Major Collector 250’ 400’ 400’Minor Arterial 250’ 400’ 550’Major Arterial 250’ 400’ 550’Industrial NA NA NA

NOTES: *This does NOT apply to spacing with road intersections. This spacing is 550 feet regardless of speed limit or road classification.*Additional requirements for Major Arterials exist; see congestion prevention text, See Appendix XI for Table and Appendix XII for Map of Classified Roadways.

Section 3.11 Review and Approval of Minor Land Divisions Under 20 Acres.

Approval of a minor land division under 20 acres is required and shall be granted when such minor land division meet the following conditions:

1. The proposed land division is located along an existing public road and involves no opening, widening, or extension of any street or easement of access.

2. Each proposed lot must meet all criteria and standards of Article 8: Access Management. All minor land divisions that require new points of access onto the State Highway System must have Ohio Department of Transportation approval prior to Planning Commission approval. Where ODOT and Village regulations overlap, the stricter of the two shall apply (See Section 1.04).

3. Each proposed lot meets all criteria of Section 4.10 Right-of-Way Requirements.4. No more than five lots are proposed, including the remainder of the original tract.5. The proposed land division, including the remainder tract, is not contrary to

applicable subdivision or zoning regulations, or Article 8 of these Regulations. 6. The proposed land division has been reviewed and approved by the Village of

Johnstown with respect to the suitability of the proposed parcel for an on-lot well and septic system where proposed; or the appropriate local water and/or sewer authority with respect to central water and/or sewer systems where proposed.

7. An application for minor land division under 20 acres must be submitted to the Planner. This application must contain the following in order to be considered complete:

a. Six (6) copies of a survey prepared in accordance with Chapter 4733-37 of the Ohio Administrative Code by a professional surveyor registered with the State of Ohio. The survey will contain:

i. Proposed division of land, including dimensions of the entire original tract.


ii. Owner(s) of parcel and all adjoining and adjacent parcels, and parcel identification numbers.

iii. Dimension and location of proposed lot lines and property corners by iron pins, corner posts, and/or other monuments.

iv. Existing structures, easements, public facilities, direction of drainage, and bodies of water – including intermittent and perennial streams and rivers.

v. Any adjoining public road and road right-of-way, zoning setbacks, and the distance to the nearest driveway or road intersection in each direction within 1000 feet of the road frontage on both sides of the road.

vi. Any lot being created that is located on a classified road must have the current ROW & Future ROW marked on all surveys/plats and shall be described within the legal description. These can be shown as a future ROW easement.

vii. 100-year flood plain boundary and floodway if it exists anywhere in the original tract. The FIRM panel number and flood zone should be noted on the applicable form.

viii. Any 100-year flood plain boundary lying within the proposed lot must be located and established in the field on the lot by the surveyor. For minor land division proposed lots that include or are adjacent to identified floodplains shall have the total useable area required by the County Health Department, outside the floodplain area. Lot improvements including structure, leach fields, etc. shall comply with Article 4.63 # 19, 20 and 21.

ix. The deed and/or record number and tax duplicate number of the original tract.

x. The surveyor’s name, registration number, and date of survey shall be provided on the survey.

xi. This survey drawing shall not be any larger than 11” x 17”.

b. Six (6) copies of a legal description prepared in accordance with Chapter 4733-37 of the Ohio Administrative Code by a professional surveyor registered with the State of Ohio.

c. A copy of the current deed for the original tract so as to be able to check for any applicable deed restrictions and whether it was an exempted lot when created. This may be obtained in the County Recorder’s Office. A title search may be necessary to determine if any building restrictions exist on the parcel that are not shown on the current deed.

d. A copy of the tax map of the original tract of the proposed split. This may be obtained in the County Engineer’s Office.

e. If the remainder of the parcel is less than 20 acres, a separate application and supporting materials must be submitted for that acreage along with the proposed split.


f. A complete “Minor Subdivision / Lot Split Application for Administrative Approval” form with the corresponding sections completed by both the applicant and a registered surveyor in the State of Ohio.

g. All applicable fees as stated in Appendix IX “Village of Johnstown Development Fee Schedule.”

h. The applicant must stake the driveway location for addressing purposes and for future driveway permits.1. All new driveway/access points shall be assigned an address by the

Village Engineer’s office. All new driveway/access points located on Village highways will receive a driveway permit from the Village Engineer’s Office and must be installed from the edge of the road to the ROW line with the culvert (if needed). When a new driveway permit is applied for, the center of the driveway must be staked and labeled “DRIVEWAY”, with the applicant(s) name.

2. Any proposed driveway/access points located on a highway under the jurisdiction of O.D.O.T. shall receive driveway approval from O.D.O.T. prior to approval by the Planner.

i. The applicant must submit a completed Licking County Health Department site investigation application for all proposed lots that are to be served by on-site water and sanitary services, including the remainder parcel, if less than 20 acres.

Section 3.12 Review & Approval of Minor Land Divisions of 20 Acres or Larger

a. Review of a minor land division of 20 acres or larger is required and shall be granted when such minor land division complies with the following:

1. The Ohio Revised Code, and all of its amendments.2. All local Village zoning regulations.3. Article 4, Subdivision Design Standards (see Sec. 4.60).4. The proposed land division does not involve the opening, widening, or

extension of any street or easement of access. 5. Article 8, Access Management , of the “Village Development Regulations”.

b. All lot splits twenty (20) acres or larger in size must be submitted to the Planner for review. The following are required to be submitted to the Planner for review:

1. The property must be surveyed by a registered surveyor in the State of Ohio. A drawing showing the establishment of property corners by iron pins, corner posts, or other monuments, and legal description of the property must be submitted. It should also include dimensions of the entire original tract (a copy of the tax map for that area would be sufficient to show large area remainders too big to include in an appropriate scale survey as long as the proposed lot, current property owners and parcel boundaries are indicated).

2. Article 4 , Subdivision Design Standard.3. A copy of the current deed for the existing parcel.


4. All minor land divisions that require new points of access onto the State Highway System must have Ohio Department of Transportation approval prior to Planning Commission approval, and meet the Village Access Management Regulations.

5. All new driveway/access points shall be assigned an address by the Village Engineer’s Office. All new driveway/access points located on county or township highways will receive a driveway permit from the Village of Johnstown Engineer’s Office. When a new driveway permit is applied for, the center of the driveway must be staked and labeled “DRIVEWAY”, with the applicant(s) name.

6. All driveway/access points must be installed and inspected by the Village Engineer’s Office to ensure placement in the approved location. The driveway must be installed from the edge of the road to the ROW line with the culvert (if needed).

When an authorized representative of the Planner is satisfied that a proposed sale or exchange of a parcel of a minor land division meets the requirements of this section, he or she shall stamp the deed conveyance “Approved by The Village Planner No Plat Required” and sign and date.

Section 3.13 Submittal & Approval Process for Minor Land Division

Applications are considered officially submitted and filed once all required and pertinent information is submitted, and once the Village Engineer’s Office, Licking County Board of Health and/or appropriate water/sewer district, and any other official agency of the County, State, or Federal government deemed appropriate by the Planner, has completed its review and approved the application. Once an application is officially submitted and filed, an authorized representative of the Planner shall review the proposed division(s) of a parcel, and if satisfied that such proposed division(s) is (are) not contrary to applicable platting, subdividing, or zoning regulations, he or she shall, within seven (7) business days, approve such proposed division and upon presentation of a conveyance for said parcel(s), shall stamp the same “Approved By Village Planner: No Plat Required” and sign and date. The Minor Land Division (Lot Split) must be recorded within 1 year of approval and meet current Village zoning regulations at the time of recording, or the approval expires and will be considered void. The approved lot split maybe administratively re-approved after 1 year if all applicable regulations are still met.

Section 3.14 Approved Access Points & Culverts for Minor Land Divisions

All approved lot splits will receive an access point or joint access point as determined by Article 8, Access Management. In situations where access constraints for a proposed lot are considered severe enough by the Planner, the access point will be precisely located. A copy of all new splits showing approved access points will be distributed to the local


officials. Before the installation of any culverts, the applicant must receive a permit from his/her Village official if required. All culverts must be installed with an adequate headwall suitable to the Village and/or be constructed on non-crushable material to prevent damage to the culvert.

Section 3.15 Recourse from Minor Land Division Disapproval

Minor Land Divisions which are disapproved by the Planner staff may be brought before the Planner for consideration of a variance from these Regulations pursuant to Section 9.4 herein.

Section 3.16 Adjacent Property Transfer (Former Exempt Split)

The division and sale or exchange of parcels in size between adjoining lot owners, where such sale or exchange will not create an additional building site, shall be exempted from these Regulations under the following circumstances:

1. It can be clearly demonstrated that the parcel(s) does not create an additional building site or new access to a public roadway. The Planner shall require that deed restrictions be placed on the property limiting the use of the parcel to only accessory buildings or uses. The deed restriction will state that

“The herein described XX.XX acres shall not constitute an independent building site separate from the Grantees’ adjacent parcel or transferred as an independent principal building parcel in the future unless approved as such in accordance with applicable Subdivision Regulations. After this deed is recorded, the Grantee shall prepare another deed (original parcel & adjacent property transfer) of the total acreage under this new deed and description.”

2. The property has been surveyed by a registered surveyor in the State of Ohio. Two copies of a drawing showing the establishment of property corners by iron pins, corner posts, and/or other monuments, and two copies of the legal description of the property must be submitted with a completed minor subdivision lot split application for administrative approval with corresponding sections completed by both the applicant and a registered surveyor.

3. The parcel cannot violate the intent of Section 4.51 Lot Standards, of the Village Subdivision Regulations.

4. The parcel cannot violate the intent of all applicable Village zoning regulations.

5. Any other material deemed reasonably necessary by the Planner to complete the application.

6. All applicable fees as stated in Appendix IX, Village of Johnstown Fee Schedule.


NOTE: Adjacent Property Transfer (per O.R.C. Section 711) land divisions, as non-buildable lots, shall not count towards the five minor lot splits per year limitation.

When an authorized representative of the Planner is satisfied that a proposed sale or exchange of a parcel between adjoining owners meets the requirements of this section, he or she shall stamp the conveyance “Adjacent Property Transfer” and sign and date it.

Section 3.2 Major Land Division (Subdivision)

Section 3.20 Major Subdivision Criteria & Review Process

A major subdivision is the creation of more than 5 lots, including the remainder, from an original tract and/or the creation or extension of any roads (public or private) or easements of access. In addition, the development of more than one multi-family housing structure on a single lot or group of adjacent lots or the development of commercial, industrial, or quasi-public sites is subject to major subdivision review as per these Regulations. All land divisions not excepted (See Section 1.8), or adjacent property transfers (See Section 3.16), or covered by the minor land division process (See Section 3.1) must follow the regulations for creating a major subdivision.

Developers who intended to submit a plat of a subdivision are strongly encouraged to submit sketch and shall submit preliminary plans for Planning and Zoning Committee (PZC) staff review in order to provide a clear understanding and ensure compliance with the requirements contained within these Regulations as well as to avoid duplication and/or wasted engineering efforts. The Preliminary Plan, Final Plat, and all related information shall be prepared by a professional surveyor or engineer.

Section 3.21 Pre-Application Conference

Developers new to Village of Johnstown or who are unfamiliar with the major subdivision process are strongly encouraged to meet with the PZC staff prior to submitting sketch, and preliminary plans. The purpose of this meeting is to discuss early and informally the purpose and effect of these Regulations and the criteria and standards contained in these Regulations, and to familiarize the developer with the zoning resolutions, and the drainage, sewage, and water systems of Village of Johnstown, Ohio. It will also acquaint the applicant with local and Villagewide comprehensive plans, local and Villagewide transportation plans, and other adopted zoning regulations or planning policies of local approving authorities and Village of Johnstown, Ohio. The subdivider shall be made aware of the provisions of the “Procedure for Subdivision Evaluation” (See Appendix I) at this time.

Section 3.3 Sketch Plan


Section 3.30 Sketch Plan Definition and Purpose

The Planner staff shall meet with the developer, a representative or assistant, to review the Sketch Plan with the Planning and Zoning Commission. This meeting is primarily to illuminate potential difficulties or issues facing the proposed development as it relates to the laws, regulations, policies, and best practices of the Village of Johnstown and its agencies. It also provides an opportunity for the developer to ask questions and for all parties to suggest ways to improve the proposed project. In addition, the purpose for this meeting is also to examine the limitations on development created by the natural features of the site and resolve the best potential management practices before substantial effort, money, and time has been spent by the developer on engineering work for road and lot layout. Impacts on natural features and habitat such as trees, ponds, flora, fauna, and waterways will be closely examined. It also allows discussion of the effects of Article 6 of these Regulations before the actual drainage study is completed. The Planner staff and members of the Planning and Zoning Commission will provide comments and suggestions to the subdivider to assist with further subdivision design. After this meeting, the Planner staff will prepare a brief letter to the applicant addressing issues and areas of concern that should be examined during the preparation of the Preliminary Plan.

Section 3.31 Sketch Plan Application and Review

Upon submittal of a Sketch Plan application, the PZC Director will make a determination of the completeness of the application as it complies with Section 3.32 of these Regulations within five (5) days. An application will be considered officially submitted and filed when the Director of the PZC finds that the following have been provided:

1. A completed application form provided by the Planner.2. Ten (10) copies of the Sketch Plan (4 full size 22”x 34” (or 24” x 36”) and 6

half size 11”x 17”, and3. An electronic copy of the Sketch Plan in an acceptable format (.pdf, and .shp,)4. The proper filing fee (See Appendix IX, Fee Schedule).5. Three (3) copies of other required material (including overlays or colored

maps).

Once the application is determined to be complete, Planner staff will distribute the application to all the members of the Planning and Zoning Commission. A copy of the plat shall be in the possession of each commission member for a minimum period of five days before consideration for approval. Other copies will be distributed to the local school district, the local fire and police departments, Village of Johnstown 911, the Village fiscal officer and zoning official, and other such regulatory offices and agencies that the Planner determines necessary for a proper review.

The Planner staff will compile all related information submitted by the developer, review the proposed layout, and provide a general impression of the proposed development in light of applicable subdivision regulation and local zoning requirements. Upon


completion, the staff will schedule a meeting between the developer and members of the Planning and Zoning Commission. Every attempt will be made to schedule this PZC meeting within two (2) weeks of official submittal.

The Sketch Plan submission must include all the information required within Section 3.32 (Sketch Contents) to be considered complete.

Section 3.32 Sketch Plan Contents

The subdivider shall submit a sketch plan that includes all of the following information in order for the application to be officially accepted as complete by the Planner.

1. NAME, LOCATION, AND DESCRIPTION OF PROPERTY :(ON BASE MAP WITH AERIAL PHOTO BACKGROUND)

a. Proposed name of the development for identification purposes. The name will be unique to the incorporated and unincorporated areas of Village of Johnstown in order to avoid duplication and confusion of previously recorded plats.

b. Approximate location of original parcel boundary lines with parcel identification numbers, existing easements, railroad rights-of-way, watercourses, bodies of water, and existing permanent and temporary structures on site as well as adjacent roadways, existing street right-of-ways, and intersections adjacent to the property’s boundaries.

c. Location of property by Township, Range, and Section, approximate total acreage, correct graphic scale, north arrow, and date.

d. The words “Sketch Plan” included somewhere in the title section.e. The names, addresses, and phone numbers of the owner(s) and

applicants of the proposed development. (This can be included on a separate sheet.)

f. Vicinity map showing the location of the proposed development in relation to the Village. (This can be included on a separate sheet.)

g. North arrow and scale (drawn at 1”= 100’ or 1” = 50’ if less than 10 acres in the total site).

h. Surveyor’s or Engineer’s Name

2. PRELIMINARY INVENTORY AND ANALYSIS OF THE SITE & ADJACENT PROPERTIES:(ON SEPARATE OVERLAYS OR COLORED SHEETS)

a. Sheet #1: Contour map of the site with contours from the Licking County Information Systems Office (GIS), or more precise methods. Slopes shall also be determined on the map and areas of the map should be shaded to signify the slope of the property. These slopes shall be displayed by the following categories (each shaded a different color).

0-6%


6-15% Greater than 15%

c. Sheet #2 Location of wetlands, existing wooded areas, other significant

natural features or vegetation on site and visible within 300 feet of the property line. Approximate location of burial grounds, historic sites, and archeologically significant areas, if known. Also, the location of any 100-year flood plain(s) including an approximation of floodplains on any previously unstudied stream. The approximate elevation of flooding may be obtained from county FEMA Flood Insurance Rate Maps or the most current available data.

d. Sheet #3 Approximate Location of any existing sewer, water, and gas lines, culverts, and other underground structures as well as power transmission lines, within and adjacent to the parcel to be developed which are visible from the site or otherwise known.

3. ADDITIONAL INFORMATION REQUIRED WITH APPLICATION :(INCLUDED SEPARATELY OR ON THE BASE MAP)

a. Existing local zoning district(s) and corresponding setbacks and lot size requirements.

b. Tax map or other map showing adjacent parcels and property owners.c. Location of all roads and driveways adjacent to and on both side of any

road within 600’ of the subject parcel. d. A description of the sewage disposal system to serve the subdivision and

letters from the appropriate reviewing authorities as outlined in Appendix I of these Regulations.

e. Soils Evaluation Report from the Soil & Water Conservation District.f. A copy of the current deed of land.

It is important to remember that the detail does not have to be exact at the Sketch Plan stage. The purpose is to highlight, examine, and differentiate between the various elements involved in the site development.

Section 3.33 Sketch Plan Approval Period

There is no formal approval of a Sketch Plan, though it is a critical submittal in the eyes of the Planning Commission Staff where opportunities and constraints are jointly identified and reviewed. The developer is expected to revise the Sketch Plan if there are significant changes in the proposed development or addition of land to the site.

Section 3.4 Preliminary Plan


Section 3.40 Preliminary Plan Definition and Purpose

The purpose of the Preliminary Subdivision Plan is to provide the Planning Commission with sufficiently detailed information to evaluate a major subdivision. The plan should show all of the information needed to enable the Planning Commission to determine whether the proposed layout meets the standards and requirements of these Regulations, and whether the proposed development concepts under the zoning classification and proposed public improvements and utilities are acceptable to the appropriate offices, agencies, and governmental bodies having jurisdiction.

Section 3.41 Posting Notice of Development

In order to notify adjacent property owners, landowners, and residents in the immediate vicinity and the general public of impending development activity, applicants for Preliminary Plan and Final Plat approval shall post a notice of development concurrently upon any application with Planner. The notice sign shall be in accordance with Section 1177 of the Planning and Zoning Code. It shall be erected on the site, readily legible from the most traveled thoroughfare adjacent to the property. The development sign is not permitted to be located within the public right-of-way. The sign needs to be two sided and perpendicular to the roadway. The sign must be constructed of plywood or similar product; no tarps will be permitted. The development sign cannot create any sight distance problems for those utilizing the public roadways.

If local Village zoning sign regulations prohibit any part of this requirement, every attempt shall be made to meet the spirit of this requirement. Should a hardship of this type exist, a letter stating the specific requirements that cannot be met shall be included with the Preliminary Plan application. A picture of the notice of development sign must be submitted with the Preliminary Plan and Final Plat application prior to the acceptance of the application.

The wording of the sign must include the following:

“This site is being reviewed for development, for more information please contact the developer, (insert developer’s name), at (insert developer’s phone number) or the Village Planner at (740) 967-3177.”

The sign must be maintained throughout the review process until the beginning of construction or Final Plat recording of the phase of the project. The Planning and Zoning Commission will not hold a meeting on either the Preliminary Plan or the Final Plat Application until this notice has been posted in accordance with the provisions of this section.

Section 3.42 Line Fence Requirements for Major Subdivisions and Development


1. Any proposal for a major subdivision or development shall provide proof at the preliminary application that all adjoining property owners have been contacted regarding line/partition fences (copies of return receipt of certified letter). Adjoining lots that are recorded as plats shall be exempt from these requirements. (See Ohio Revised Code 971)

2. The developer / applicant shall contact adjoining property owners to determine the need for construction or reconstruction of a line fence(s). All disputes between adjoining property owners and the developer / applicant will be resolved according to the procedures and requirements of the Ohio Revised Code Section 971. The preliminary plan may be conditionally approved while the line fence issues are being resolved. No application for final plat or final development plan approval will be accepted or the construction of improvements will be permitted until all line fence disputes are resolved.

3. If the Village prior to the request for Final Plat approval has not resolved the Line Fence Issue, the developer and the property owner(s) shall each provide one estimate for the cost of construction of a woven wire fence, or if the property owner(s) fail to provide for such estimate, the developer shall provide two estimates for construction of such a fence. One half of the cost of the average of the two estimates shall be held in escrow to ensure funds are available from the developer upon resolution by the Village.

Section 3.43 Submission to Ohio Department of Transportation/ Local MPO

Before any parcel subject to major subdivision review is approved within 300 feet of the centerline of a State Highway, or proposed new highway or a highway for which changes are proposed as described in the certification to local officials by the Director of ODOT/or the Director of the local MPO, the Commission shall give notice, by registered or certified mail to ODOT/ local MPO. The Commission shall not approve the plan for 120 days from the date the notice is received by ODOT/ local MPO. If ODOT/ local MPO notifies the Commission that it shall proceed to acquire the land needed, then the Commission shall refuse to approve the plan. If ODOT/ the local MPO notifies the Commission that acquisition at this time is not in the public interest or upon the expiration of the 120 days or any extension agreed upon by ODOT/ the local MPO and the property owner, the Commission shall approve the plan, it the plan complies with these Regulations.Section 3.44 Preliminary Plan Application and Review

If a Sketch Plan has been previously reviewed, the Preliminary Plan shall conform to the Sketch Plan or incorporate required changes as the case may be. Should the subdivider skip the Sketch Plan process, the Preliminary Plan submission must include all the information required in Sections 3.32 (Sketch Plan Contents), Section 3.43 (Submission to ODOT), as well as the information required within Section 3.4 (Preliminary Plan) to be considered complete. This includes all the associated fees required for the Sketch Plan. Thus this means the Planner may take the standard review time provided for by all


previous review steps skipped before considering whether the Preliminary Plan submitted is complete.

Upon initial Preliminary Plan application, the PZC Director will make a determination of the completeness of the application as it complies with Section 3.44 of these Regulations. An application will be considered officially submitted and filed when the Director of the PZC finds that the following have been provided:

1. An application form provided by the Planner and the proper filing fee (Appendix IX),

2. Ten (10) copies of the preliminary plan, (4 full size 22”x 34” (or 24” x 36”) and 6 half size 11”x 17”,

3. Three (3) copies of Article 6 calculations,4. Four (4) copies of the engineering improvement plans (required for development

reviews, residential subdivisions may submit detailed construction drawings after preliminary plan approval has been given by the Planner).

5. Names and addresses of adjoining property owners typed on mailing labels (Section 3.45)

6. An electronic copy of the Preliminary Plan as a .pdf file and .shp file. 7. Three (3) copies of any other required material.8. Picture of the development sign in place on the property.

The Planner staff will, within five (5) working days after the initial submission of the preliminary plan will distribute copies to all of the members of the Planning and Zoning Commission. A copy of the plat shall be in the possession of each commission member for a minimum period of five days before consideration for approval. Other copies will be distributed to the local school district, the local fire and police departments, LC 911, the Village fiscal officer and zoning official, and other such regulatory offices and agencies as the Planner deems necessary for a proper review. The Planner staff will compile all related information submitted by the developer and schedule a meeting with the developer and members of the Planning and Zoning Commission to consider the plan. Every attempt will be made to schedule this PZC meeting within two (2) weeks of official submittal.

The preliminary plan shall be considered officially filed on the date it is received and determined to be complete by the Planner staff with regards to the issues that resulted from the Planning and Zoning Commission. A Preliminary Plan shall not be submitted to the Planner until all PZC requirements and conditions are met or, in writing, the applicant has indicated they will meet the conditions. If the preliminary plan is to be considered at the next monthly meeting of the PZC, the plan shall be filed with the PZC staff no more than 35 business days in advance of such meeting date. A filing fee shall be charged. Upon acceptance, the PZC staff shall schedule the review of the subdivision by the Planner and send a written notice by first class mail, or email, to the Fiscal Officer or the Village Council, the date, time, and location of any meeting at which the Planner will consider or act upon the proposed plan. The meeting shall take place within 30 days of acceptance of the submission of the plan, and no meeting shall be held until at least seven


(7) days have passed from the date the notice was sent by the Planner. A Village Council Member is not entitled to appeal a decision of the Planner under this section.

If the applicant desires any type of variance, either from the Village Development Regulations, the applicant must first obtain the appropriate variance before a proposed subdivision will be considered by the Planner. If the applicant needs a variance from the Village Development Regulations, the applicant must first obtain the variance at a meeting prior to the meeting in which the Planning Commission will hear the Preliminary Plan.

Section 3.45 Notice to Property Owners

Written notice of the public meeting to be held on all preliminary plans shall be mailed to all adjoining property owners of record within 500 feet of any property line of the proposed subdivision by first class mail, and shall be mailed at least ten (10) days before the preliminary plan meeting. These labels shall be addressed to the owner of record or current resident to ensure proper notification. The applicant shall provide the names and addresses (no bank or other institutional names) of all the adjoining property owners. This list shall be typed on mailing labels. The failure of delivery of such notice shall not invalidate any such action taken on such preliminary plan, but does not relieve the applicant from providing the information or from any civil action. If the Planner staff finds that names of adjoining property owners are missing then the application will not be considered complete and the application will not be forwarded to the Planner for approval until such time as all mailing labels are provided and can be mailed with proper notice.

Section 3.46 Preliminary Plan Planning and Zoning Commission Meeting

The Planning and Zoning Commission shall review all preliminary plans with respect to these Regulations. A meeting of the Planning and Zoning Commission shall be scheduled before the Planner meeting. Comments of the Planning and Zoning Commission shall be forwarded to the Planner for consideration during its review of the proposed plan. If the concerns of the Planning and Zoning Commission as to compliance with these Regulations and all other applicable regulations have not been addressed in writing at least ten (10) days prior to the Planner meeting the application will not be considered complete and will not be presented to the Planner. (See Section 3.44)

Section 3.47 Preliminary Plan Contents

The subdivider shall submit to the Planner the following: 1) All applicable fees as stated in Appendix IX “Village of Johnstown Development Fee Schedule.” 2) Ten (10) copies of the preliminary plan drawn at a scale not more than 100 feet to the inch, plans of six acres or less shall be drawn at a scale of 50 feet to the inch; and 3) Three (3) copies of Article 6 (Urban Soil & Sediment Pollution Control) calculations and report. The plan


shall be on one or more indexed sheets, and contain the following information as indicated below, along with any additional information required:

1. NAME, LOCATION, AND DESCRIPTION OF PROPERTYa. Proposed name of development for identification purposes. The name will

be unique to the incorporated and unincorporated areas of Village of Johnstown in order to avoid duplication and confusion of previously recorded plats.

b. The names, addresses, and phone numbers of the owner(s), applicants, and surveying and/or engineering firm preparing the plans of the proposed development.

c. Clear & accurate vicinity map showing the location of the proposed development in relation to the surrounding area.

d. Location of property by survey, approximate total acreage, correct graphic scale, north arrow, and date of preparation.

e. The original parcel identification number of the tract(s) and the parcel identification numbers of all adjacent parcels.

2. INVENTORY AND ANALYSIS OF SITE AND ADJACENT PROPERTIESa. Locations of boundary lines, existing easements, burial grounds, railroad

rights of way, watercourses, wetlands and drainage, existing wooded areas, other important natural features, and existing permanent and temporary structures on site.

b. Existing Parcel lines and parcel numbers.c. Location of proposed phase boundaries and time schedule, if there will be

more than one plat (This is preliminary and variations may be approved by the Planner if in accordance with Sec. 3.59).

d. School district and taxing district boundary lines.e. Existing local zoning setbacks and dimensions, zoning boundaries, lot size

requirements, and proposed zoning changes for this development.f. Location of buildable area on each lot within which a house could be

placed (minus well & septic).g. Existing sewers, water lines, culverts, and other underground structures,

power transmission poles and lines, and existing rights of way or utility easements, within and adjacent to the parcel to be platted.

h. Diagram of the relationship of the boundaries of the property with adjacent roadways, existing street right-of-ways, nearby intersections the development may impact, and a traffic circulation study if the Planner staff determines the development will have an adverse impact on the existing infrastructure.

i. If any part of the proposed development is within the 100-year flood plain, a line indicating the approximate elevation of flooding shall be shown on the plan. (See Section 4.60 Floodplains and Watercourses)

j. All preliminary plans must be drawn on contour maps with contour intervals of not less than two (2) feet prepared by photogrammetric methods using aerial photography with ground control or by acceptable


field survey technique based on United States Geological Survey (U.S.G.S.) mean sea level datum. All mapping should meet National Map Accuracy Standards. Small areas six (6) acres or less may be prepared by field survey methods. Contour maps prepared by interpolation from enlarged U.S.G.S. or the County GIS Topographic information maps shall not be permitted. The surveyor or engineer shall certify on the preliminary plan how the topographic information was obtained. The Planning and Zoning Commission may require review of field notes or maps from which the information was obtained.

3. PROPOSED LAYOUT OF THE SUBDIVISIONa. For multi-family (two or more dwelling units on the same lot), planned

unit developments, commercial, industrial development, and quasi-public, the location, dimensions, and approximate grade of proposed parking and loading areas, alleys, pedestrian walks, streets, and the points of vehicle entrance and exit to the development, must be shown on the plan.

b. Statement of proposed use of lots, giving type and number of dwelling units, or commercial and industrial structures.

c. General lot layout with approximate acreage, including total acreage of original parcel(s).

d. Location of parkland, open space, school lands or common areas plus the ownership/maintenance of such areas.

e. Proposed street layout and names in accordance with Section 4.1, and Article 8 of these Regulations.

f. The approximate location and size of all parcels of land proposed to be set aside for recreational use or other public use in accordance with Section 4.7, or for the exclusive use of property owners of the proposed subdivision

g. Location and dimensions of all proposed utility and sewer lines, showing their connections with an existing system, if available.

h. Statement of proposed use of lots giving type and number of dwelling units, or commercial and industrial structures.

4. ADDITIONAL INFORMATION WITH APPLICATIONa. A Reduced size copy of the proposed development. (No larger than

11”x17”)b. A list of any variances being requested from these subdivision regulations,

and any other regulations from appropriate authorities.c. In a letter accompanying the request for approval of the Preliminary Plan,

the subdivider shall state the type of sewage disposal he/she proposes to use and include evidence of approval of the proposed system by the Licking County Health Department, or appropriate authority.

d. Preliminary notice letters and responses from appropriate authority for the evaluation of wetlands, streams, and other environmental concerns. This includes letters from OEPA, ODNR, NRCS, and other appropriate authorities.


e. Description of proposed covenant and deed restrictions. Such covenants and deed restrictions must be acceptable to the Licking County Health Department as they pertain to the on-site well and septic system. Where public water and/or sewer are provided, a deed restriction requiring connection to such systems shall be included.

f. Screening, buffering and/or noise abatement measures. (See Section 4.65 & Section 4.66)

g. A document providing information about the proposed homeowner’s association, if applicable. This shall include a description of what area(s) it is to maintain, wording that every lot owner shall be a member, and an account of the powers of the association shall have in collecting dues. (See Appendix V)

h. The preliminary plan shall be accompanied by all plans and applications necessary to obtain a National Pollutant Discharge Elimination System (NPDES) Permit.

i. The preliminary plan shall be accompanied by a list of adjoining property owners within 500 feet of any property line of the proposed development in accordance with Section 3.45 of these Regulations, along with the names and addresses of all involved utility companies.

j. Other elements that may be required by reviewing offices and agencies, including but not limited to: slope analysis, sight distance analysis, and circulations and traffic analysis.

Section 3.48 Preliminary Plan Approval Period and Extension Request

When a plat is filed with the Manager, he shall examine it to determine whether or not it complies with the requirements of Sections 3.40 through 3.48, inclusive. The Manager shall refer the examination of the plat to the Village Engineer. If the plat does not meet the requirements, the Manager shall return it to the owner who shall revise and refile it. If the plat meets the requirements, the Manager shall lay it before the Planning and Zoning Commission at its next meeting. The Commission shall thereupon examine it and approve it within thirty days if it is satisfied that it complies in all respects with this chapter. The approval of the Planning and Zoning Commission shall be indicated in writing on two copies of the preliminary plat which will be returned to the owner and surveyor. The remaining four copies bearing the notation of approval shall remain on file in the office of the Manager, available to the public. The approval of a preliminary plat shall be effective for a maximum period of twelve months, unless extended in writing by the Planning and Zoning Commission.

The applicant (or successor) may apply for an extension of preliminary plan approval. The planning commission may extend the approval upon receiving a completed application for extension and the appropriate fee as noted in Appendix IX of these Regulations. An extension may be granted for a one (1) year period and may only be granted one (1) time.


Section 3.49 Submission of Construction Plans and Pre Construction Conference

The developer shall submit a complete set of construction plans according to the regulations contained herein (Articles 4, 5, 6, 7, & 8) and must have received complete approval from the appropriate authorities prior to beginning any on-site improvements. The following will be required with the submittal of any construction drawings.

1. Six (6) copies of the engineering improvement plans, (4 full size 22”x 34” (or 24”x36”) and 2 half size 11”x 17”,

2. A copy of the OEPA Notification of Intent (NOI).3. An electronic copy of the engineering improvement plans as a .pdf file and .shp

file. 4. Four (4) copies of an engineer’s estimate for the costs of all improvements on the

site. 5. Copies of any other permits including but not limited too, ODOT permits,

NPDES, ACOE Nationwide, etc.

Drawings and specifications for improvements in a subdivision shall be a set of construction and utility plans prepared by a registered professional engineer. The plans shall include typical sections, plans and profile views, construction details, and estimates of the quantities of construction material needed to meet the requirements of these Regulations. All typical sections and major engineering details to be used on any particular street, sewer line, or water line shall be approved by the Village Engineer, or , where applicable, an engineer representing the involved water and/or sewer authority. Prior to the recording of the Final Plat, the subdivider shall have installed the required improvements, or shall have furnished a guarantee pursuant to Article 7 for the amount of the estimated construction cost of the ultimate installation of the required improvements.

Final Construction Plans will need to include at a minimum the following:a. Roadway standards, profile, cross sections and typical details. b. Bridges, culverts, storm sewers and underdrains (including profiles and details).c. Drainage channels, roadside ditches, storm and sediment basins.d. Site grading and flood routing including profiles of all areas where cuts or

fills exceed three feet.e. The construction plan shall be filed with the Urban Soil Sediment Pollution

Control Requirements of Article 6 of these Regulations.f. Contact person and information of consulting Engineering Firm responsible

for development of the construction plang. Contact person for development firm or developer along with address and

phone numbers.

If applicable, the applicant must have final Health Department or water and sewer approval prior to the Construction Plans being approved. No construction can begin without approved Construction Plans (this includes clearing or any earth disturbing activity). Construction plans will be considered approved once the Village Engineer, the


Licking County Soil and Water Conservation District, and the Village Planner sign them (and other applicable authorities when necessary).

Upon approval and acceptance of all improvements, the original construction drawings for the improvements shall be revised to reflect the actual construction. All drawings including the master grade plan or reproductions thereof shall become the property of the Village and shall be on file in the office of the Village Engineer

All developments NOT exempt from construction plans shall be required to have a “Pre-Construction Conference” with the Planner and other applicable parties prior to any site improvements taking place, including but not limited too clearing or any earth disturbing activity. The Pre-Construction Conference shall include at a minimum the Planner, Owner/Developer, Site or General Contractor, Design Engineer, Village Engineer, and the Soil and Water Conservation District.

At the Pre-Construction Conference:1. The Contractor will be required to submit a proposed construction schedule

reflecting all work that is to be completed.2. The Owner/Developer will be required to have secured all necessary permits, and

paid all inspection fees.3. The design engineer shall bring (4) full sized Approved Final Construction

Drawings and (4) reduced Approved Final Construction Drawings that are produced following ODOT plan production standards.

Section 3.5 Final Plat Section 3.50 Final Plat Definition and Purpose

The subdivider shall submit a final plat of the subdivision and drawings and specifications of the improvements required therein. If a preliminary plan has been previously approved, or conditionally approved, the final plat shall conform to the preliminary plan or incorporate required changes as the case may be. The final plat shall be prepared by a registered surveyor as appropriate.

The purpose of the Final Plat is to ensure that all conditions, engineering plans, and other requirements have been completed or fulfilled and that required improvements have been installed, or guarantees properly posted for their completion, prior to recording the Final Plat of the Subdivision.

Section 3.51 Final Plat Application and Review

If a Preliminary Plan has been previously approved, or conditionally approved, the Final Plat shall conform to the Preliminary Plan or incorporate required changes as the case may be.


An application for approval of a final plat shall be submitted on forms provided by the Planner not less than 25 or more than 30 days prior to the next meeting date of the Planner. An application shall be considered officially submitted and filed when the Director of the Planner finds that all required information is submitted, and all regulations within these Regulations are complied with. Each application must include the following:

1. An application form provided by the Planner and the proper filing fee (Appendix IX),

2. Ten (10) copies of the final plat, (4 full size not less than sixteen inches by twenty-two inches nor greater than thirty inches by forty-two inches in size and 6 reduced copies, a minimum of 11” x 17”)

3. One (1) full size copy on mylar4. Four (4) copies of construction drawings (if not previously submitted and

approved),5. Proposed deed restrictions and covenants.6. An electronic copy of the Final Plat in an acceptable format (.pdf, and .shp)7. Three (3) copies of any other required material.

Within five (5) days after the filing of the final plat, the Planner staff shall schedule a meeting of the Planner to consider such final plat. Written notices indicating the time and place of the meeting along with copies of the plat shall be sent to the Village Engineer, the Ohio Department of Transportation, the local school district, local utility companies, local water/sewer districts and other officials deemed necessary. Such notices to the Village Council shall be made by first class mail.

If the applicant desires any type of variance, either from the Village Development Regulations, the applicant must first obtain the appropriate variance. If the applicant needs a variance from the Village Development Regulations, the applicant must first obtain the variance at a meeting prior to the meeting in which the Planning Commission will consider the Final Plat.

Section 3.52 Notice to Property Owners

Written notice of the meeting at which the Planner will consider the final plat shall be mailed to all adjoining property owners of record within 500 feet of any property line of the proposed subdivision by first class mail, and shall be mailed at least ten (10) days before the final plat meeting. These labels shall be addressed to the owners of record, or current resident to ensure proper notification. The applicant shall provide the names and addresses (no bank or other institutional names) of all the adjoining property owners. This list shall be typed on mailing labels. The failure of delivery of such notice shall not invalidate any such action taken on such final plat, but does not relieve the applicant from providing the information or from any civil action. If the Planner finds that names of adjoining property owners are not included then the application will be considered


incomplete and the application will not be forwarded to the Planner Board for consideration until such time as all mailing labels are provided and can be mailed with proper notice.

Section 3.53 Final Plat Planning and Zoning Commission Meeting

The Planning and Zoning Commission shall review Final Plats with respect to these Regulations. A copy of the plat shall be in the possession of each commission member for a minimum period of five days before consideration for approval. Every attempt will be made to schedule a meeting of the Planning and Zoning Commission within two (2) weeks of official Final Plat submittal. All comments of the Planning and Zoning Commission shall be forwarded to the Planner for consideration during their review of the proposed subdivision plat, and the Planner staff will prepare a letter to the applicant addressing issues and areas of concern that should be examined. A Final Plat shall not be submitted to the PZC Board for consideration until all T.R.C. requirements are met and corrected plans are submitted to the Planner. These corrected plans will need to be submitted no later than twelve (12) days prior to the next meeting of the PZC. The applicant can request in writing that uncorrected plans be considered by the Planner if the applicant agrees in writing with the recommendations and/or requirements of the PZC.

Section 3.54 Final Plat Contents

The final plat shall be drawn in black ink on 18 x 24 inch paper or matte mylar material. It shall be drawn at a scale of not less than 100 feet to the inch, six acres or less at 50 feet to the inch, on one or more sheets 18 x 24 inches in size. If more than one sheet is needed, each sheet shall be numbered and the relation of one sheet to another clearly shown.

The final plat shall contain or accompany the following information:

1. NAME AND LAYOUT OF THE SUBDIVISIONa. Name of the subdivision, located by section, range, and township, or by

other survey number, date, north arrow, scale, and acreage.b. Name and address of the subdivider and the professional registered

surveyor who prepared the plat, and appropriate numbers and seals.c. Plat boundaries based on accurate traverse with angular and linear

dimensions, both linear and angular shall be determined by an accurate control survey in the field, which must balance, and close within the limit of 1:10,000.

d. Bearings and distances to nearest established street lines or other recognized permanent monuments.

e. The parcel identification number of the original tract(s) and the owners name(s) and parcel identification number(s) of all adjacent parcels.

f. Radii, internal angles, points of curvature, tangent bearings, lengths or arcs, all easements and right-of-way provided for public services or


utilities, building setback lines with dimensions, right-of-way width, and names of all streets within and adjoining the plat shall be accurately located on the final plat.

g. All lot numbers and lines with accurate dimensions in feet and hundredths, and acreage.

h. Accurate location of all monuments which shall be concrete six inches by six inches by thirty inches or six inches in diameter by thirty inches with an iron pin or brass plug cast in the center. One such monument shall be placed at each extreme corner of the subdivision. All lots shall be marked with steel pins and in place after a building is completed.

i. Accurate outlines and legal description of areas to be dedicated or reserved for public use, or any area to be reserved for common use of all property owners. The use and accurate boundary locations shall be shown for each parcel of land to be dedicated.

j. The locations and descriptions of all monuments and pins as specified in Section 5.11.

k. When lots are located on a curve or when lot lines are at angles other than 90 degrees, the width at the building line shall be shown. If the building line is a curved line, the arc length should be shown.

l. All driveway culvert sizes over 12” will need to be shown on the plat, in the deed restrictions and on the individual lots deeds.

m. Address numbers as assigned by the Village Engineers Office.n. Where the proposed subdivision is traversed by a stream, watercourse,

channel, or creek, the present or prior location of such stream, watercourse, channel, or creek shall be shown on the Plat. Watercourse easements shall be depicted on the plat around these watercourses (See Appendix III: Watercourse Easement).

o. Any part of the subdivision located within the 100 year flood plain as indicated on the county Flood Insurance Rate Map, (FIRM), or determined by others shall be shown on the Final Plat.

2. ADDITIONAL INFORMATION REQUIRED WITH APPLICATIONa. A copy of any restrictions and covenants the subdivider intends to include

in the deeds to the lots in the subdivision. This includes a watercourse easement, if applicable (see Appendix III: Sample Watercourse Easement).

b. A list of any variances being requested from these subdivision regulations not heard by the Planner at the Preliminary Plan approval stage.

c. Notarized certification by the owner or owners of the adoption of the plat and the dedication of streets and other public areas, and lot numbers to be recorded within the plat.

d. Required statements and signatures to be affixed on plat (See Appendix II).

e. Certification shall be required showing that all required improvements have either been installed and approved by proper officials or agencies, or


that a bond or other surety has been furnished assuring installation and initial maintenance of the required improvements (See Article 5 and Article 7).

f. If a zoning change is involved, certification from the Village zoning inspector or Village fiscal officer shall be required indicating that the change has been approved and is in effect.

g. If changed since or not included with preliminary plan submission, the final plat shall be accompanied by a list of adjoining property owners within 500 feet of any property line of the proposed subdivision, in accordance with Section 3.52 of these Regulations, along with the names and addresses of all involved utility companies.

h. A certificate by an Ohio registered surveyor that the plat represents a survey made by him and that the monuments shown exist as located or will be set following construction and that all dimensional and geodetic details are correct.

i. Proper form for the approval of the Planning and Zoning Commission with space for the signature of the Chairman;

j. Space for approval by signature of the Village Engineer and the Manager;

k. Proper form for approval and acceptance by Council, showing chapter number, and provision for signature by the Village Clerk; and

l. Space for transfer by the County Auditor and recording by the County Recorder. A statement of the expiration date of the Village approval shall be placed ahead of the space provided for the County Auditor's signature.

Section 3.55 Final Plat Approval

The PZC shall approve or disapprove the final plat within 30 days after it has been officially accepted, and it is in compliance with all regulations (See Sec. 3.54). Failure of the Commission to act upon the final plat within 30 days shall be deemed as an approval. If the plat is disapproved, the grounds for disapproval shall be stated in the records of the Commission, and a copy of this record shall be forwarded to the subdivider. The Commission shall not disapprove the final plat if the developer has done everything that was required and has proceeded in accordance with the conditions and standards specified in the Planner approved preliminary plan. If disapproved, the subdivider may make the necessary corrections and re-submit the final plat to the Commission for its final approval.

If the Commission disapproves a final plat, the person or party submitting the final plat, which the Commission refused to approve, may file a petition within 60 days after refusal in the Court of Common Pleas of Licking County.


Section 3.56 Recording of Final Plat and Extension Request

When the final plat has been approved by the PZC and after all necessary certificates and signatures are received, the original tracing shall be filed with the Licking County Recorder within 3 months from date of approval by the PZC.

The Planning Commission may extend the approval period of the final plat upon receiving a completed application form from the developer, for review and payment of the appropriate extension fees as noted in Appendix IX of these Regulations. An extension may only be granted for a one (1) year period and may only be granted one (1) time.

Two copies of the final plat, one of which shall be a mylar, showing all approvals and the date and place of recording shall be supplied by the owner to the Village Clerk as local public records.

Section 3.57 Regulations Governing Improvements

Drawings and specifications for improvements in a subdivision shall be a set of construction and utility plans prepared by a registered professional engineer. The plans shall include typical sections, plans and profile views, construction details, and estimates of the quantities of construction material needed to meet the requirements of the approved Final Plat. All typical sections and major engineering details to be used on any particular street, sewer line, or water line shall be approved by the Village Engineer and/or, where applicable, an engineer representing the involved water and/or sewer authority. Prior to the recording of the Final Plat, the subdivider shall have installed the required improvements, or shall have furnished a guarantee pursuant to Article 7 for the amount of the estimated construction cost of the ultimate installation of the required improvements.

Section 3.58 Phasing

A subdivision may be developed in phases provided that:1. The preliminary plan shows the phases of development and the requirements of

these Regulations that will be satisfied in each phase is approved as part of the preliminary plan;

2. The number of lots and amount of any required open space in the phase and any previously approved phases is at least proportional to the portion of the subdivision site area within the phases(s). This requirement can be satisfied with a bond or hold in escrow (see Section 4.72 #8) the amount required for each phase; and

3. The degree and extent of road, water supply, sewage disposal, stormwater management, erosion and sedimentation control, and other required improvements in the phase and previously approved phases is sufficient to serve or handle all development within the phase(s).


Section 3.6 Development Review

Section 3.60 Development Review Process/Requirements

Any development occurring on one or more existing lots is subject to certain sections of the Development Regulations when it involves one of the following (excluding a single family residence):

1. The development of the tract involves the opening, widening, alteration, or extension of any easement of access or driveway.

2. The development will increase the traffic flow to and from the site onto a public roadway.

3. The development will increase the impermeable surface area of the site and/or will require a N.P.D.E.S. permit from the O.E.P.A.

The review procedure follows this outline:1. Sketch Plan approval, as per Section 3.33.2. Preliminary Plan approval consisting of only the Article 4, Article 6 and Article 8

requirements.3. Final approval by the PZC staff and PZC before Building Code permits are

issued.

This review process does not go before the Planner for formal approval. Only in situations of an appeal of a PZC staff decision or requirement shall such a proposal go before the PZC for final review and approval.

When an authorized representative of the PZC is satisfied that the proposed development, drainage, and access meet the requirements of these Regulations, he or she shall issue a Development Permit and sign and date the Construction Plans. This approval is required before the Licking County Building Code Department will act on any permits.

Section 3.61 Violation of Development Review

If a building permit is obtained or if development takes place for a site which is undergoing, or is yet to undergo development review, it will be considered a violation of these Regulations that may be subject to penalties outlined in Section 9.3 of these Regulations.

Section 3.62 Transfer of Lots by Subdivider

The subdivider shall not transfer any lot, parcel or tract of a proposed subdivision, nor shall he proceed with any construction work on it, including grading, until approval is received of the final plat and compliance is made with the other provisions of the Subdivision Regulations.


Section 3.63 Transfer of Lot Contrary to Plat Prohibited

The owner of the subdivision shall make no conveyance of any lot smaller in width or area than indicated on the plat, except for the purpose of increasing the area of another lot.

Section 3.7 Replat

If a person(s) wishes to replat (i.e. make alterations to existing lot lines or other conditions) all or part of an existing platted subdivision, the applicant must submit a completed application consisting of the following:

1. An application form provided by the PZC and the proper filing fee (see Appendix IX).

2. A final plat (Replat) submitted on an 18 inch by 24 inch sheet of paper or mylar with:

a. The surveyor’s name and signature.b. The property owner’s notarized signature.c. The notary public’s signature and stamp.d. The signature of the Village Manager. (See Appendix II for required

statements and signature lines)3. Any other required material.

The Planner will determine the completeness of the application as it meets the following requirements:

1. The applicant shall submit to the Planner a final plat complete with all information required in Section 3.55 of these Regulations.

2. If lots being re-platted have existing structures located on them, then a separate dimensionally accurate sketch prepared by a registered surveyor illustrating the revised lot lines, together with the outlines of such structures shall be submitted with item 1 above. This shall include the access point location of the driveway(s) to the public roadway.

3. The Replat shall meet the requirements of Article 8 of these Regulations. This includes the provision that the creation of lot(s) located on a classified roadway (see Appendix XI) shall provide ½ of any additional right-of-way required for future road expansion (see Section 4.10 for required road right-of-way).

4. The Replat shall assign a new lot number(s) to all new or modified lots. This number shall consist of the lowest original lot number contained within the lot lines of the proposed lot and hyphenated with the letter “A”, or next alphabetical letter needed to make the proposed lot number unique within the subdivision.

5. Replats must maintain and show all easements on the original plat. The one exception is when a lot combination creates a lot in which a lot line is removed leaving an existing utility easement running through the middle of the lot. In this situation, if no utilities exist in the easement, it may be removed. Where utility easements do not exist, a 10-foot utility easement shall be provided along all lot lines except those with public road frontage. Where utility lines or storm sewers


are located or if the controlling utility requests, additional width may be required for the easements. If utility easements throughout the subdivision are of a different size than 10 feet, then that width should be used along new lot lines instead.

6. Any Replat proposing to “vacate” street right of way within a platted subdivision with a date of the original recording of such plat after March 13, 1969 must vacate such right of way by Replat. If the plat was recorded before the above date and only the road right of way is being vacated the applicant shall follow the procedure outlined in O.R.C. 5553.04.

7. When a proposed Replat is to vacate any portion of an existing road right of way, written notice shall be given to all adjoining property owners by first class mail at least 10 days prior to the meeting date which the request is to be heard. Adjoining property owners is defined as all property owners within 500 feet of the R.O.W. proposed by the Replat to be vacated. The applicant shall provide names and addresses (no banks or other institutional names) of all adjoining property owners. The list shall be typed on mailing labels. The failure of delivery of such notice shall not invalidate any such action taken on the Replat, but does not relieve the applicant from providing the information or from any civil action.

8. The applicant shall provide proof that the proposed Replat complies with applicable regulations, including those regulation established by Village zoning, the Village Engineer’s Office, or other authority in control of the involved sanitary sewer and/or water supply systems.

9. Any fees required by the signing agencies, including the Recorder’s Office filing fee, shall be paid when the Replat is submitted to the Planner.

All required information for a proposed Replat must be submitted no later than twelve (12) days before the next regularly scheduled meeting of the Planner. The Village Planner will then either approve or disapprove the Replat within 30 days of the application officially being filed and accepted by the Planner. If disapproved, the subdivider may make the necessary corrections to meet these requirements and resubmit the Replat to the Planner for approval. If a Replat is disapproved by the Planner, the subdivider may file a petition within 60 days after disapproval in the Court of Common Pleas.

Upon approval, the Planner staff shall collect the required approval signatures and remit the plat to the applicant for filing with the Licking County Recorder’s Office.


ARTICLE 4 SUBDIVISION DESIGN STANDARDS

Section 4.0 General

The regulations in Article 4 shall control the manner in which streets, driveways, infrastructure, lots, and other elements of a subdivision are arranged on the land. These design controls shall help ensure the construction of convenient, safe, and efficient roadways, the creation of usable lots, the provision of space for public utilities, and the reservation of land for recreational and other public purposes. The planning of attractive and functional neighborhoods shall be promoted, minimizing the undesirable features of unplanned, haphazard growth. Adequate infrastructure shall be in place prior to the development of any commercial, residential, or industrial subdivision.

Section 4.00 Conformity to Development Plans and Zoning

The arrangements, character, width, and location of all thoroughfares or extensions thereof shall conform to both the village and county’s comprehensive plan, the Village’s Official Access Management Plan (Article 8 of this document), and any other plans and policies adopted by the PZC. Thoroughfares not contained in the aforementioned plans shall conform to the recommendation of the Planner based upon the design standards set forth in Section 4.1 and Article 8, Congestion Prevention. Final Plats must conform to the current zoning resolution. Where regulations overlap, the more strict standards shall control.

Section 4.01 Suitability of Land

If the PZC Board finds that land proposed to be subdivided is unsuitable for subdivision development due to, but not limited to: topography, flooding, poor drainage, inadequate water supply and/or inadequate waste water treatment facilities, insufficient and unsafe transportation facilities, inappropriate access, or other such conditions which may be detrimental to public health and safety and general welfare; and, if from investigations conducted by the public agencies concerned, it is determined that in the best interest of the public the land should not be developed for the subdivision proposed, the PZC Board shall not approve the land for said purpose unless the subdivider proves that the problems created by the development of the land will be remedied.

Section 4.1 Streets

1. No Major Subdivision shall be approved unless the area to be subdivided has frontage on, and/or access from, an existing state, county, or Village roadway under public maintenance. The subdivider shall provide within the boundaries of the subdivision plat the necessary right-of-way for widening, continuance, or alignment of such streets in conformity with the Official Access Management Plan.


2. Developments being reviewed shall be in conformance with these Regulations and other regulations and/or plans adopted by other governmental agencies.

3. All streets shall be platted with appropriate regard for topography, streams, wooded areas, soils and geologic constraints, and other natural features in order to create desirable building sites and to preserve and enhance natural attractiveness. Road site design should also permit efficient drainage and utility systems layout while providing safe and convenient access to the property, and not exceed a 10% grade.

4. As far as practical, all proposed through streets and collectors shall be continuous, designed with a desirable traffic calming layout and in alignment with existing, planned, or platted streets.

5. All streets shall be properly integrated with the existing and proposed system of thoroughfares and dedicated rights-of-way as established on the local and/or Village comprehensive plans and the thoroughfare plans.

6. All proposed streets of the tract to be subdivided shall be extended to connect to any existing access reserve, street stub, or street extension on adjacent parcels or subdivisions at the point where the improved, dedicated roadway is found (see Section 4.3 Special Street Types).

7. All proposed streets of the tract to be subdivided shall be extended as either a street extension and access to any adjacent developable property unless, in the opinion of the Planner, such extension is not desirable for the coordination of the layout of the subdivision or most advantageous to future development of adjacent tracts. Where possible, these extended rights-of-way shall line up with the adjoining developable properties in such a way as to allow appropriate and feasible future development, i.e. it should not run into a large outcrop, and in most cases, not end at the corner but rather the middle of the adjoining lot so the future street can be double-loaded (see Section 4.3). These right-of-ways, reserves, and/or easements shall be paved to the edge of the property line (or as close as possible), and marked with an appropriate approved barricade until such time as they are extended by future development.

8. Proposed streets shall intersect one another as nearly at right angles as topography and other limiting factors of good design permit, and in conformance with sight distance requirements and intersection spacing requirements set forth in the Subdivision Regulations, Article 8: Congestion Prevention and this Article.

9. Where the number of residential dwellings to be developed, including developable land for which future access is to be provided, exceeds 240 dwellings, a minor collector shall be required and the site must have at least two (2) accesses or future reserves to create at least a second access. Calculations for the developable adjacent tracts should be made with densities equal to the proposed site unless otherwise instructed by the Planner.


10. Internal flow within a subdivision shall take precedence over the use of several, repeated, or back-to-back cul-de-sacs. The use of cul-de-sacs shall be kept to a minimum and primarily used for accessing topographically restrictive areas of the site.

Section 4.10 Right-of-Way Requirements

1. When a major/minor subdivision (including developments, but not exempt, or replat) abuts a public right-of-way which is shown on the Village’s Official Access Management Plan (see Appendix XI: Village Roadway Classification), and when additional right-of-way is required for the street to meet its classification, the subdivider shall dedicate to the Village one-half the additional right-of-way required in accordance with the Village’s Official Access Management Plan and Article 8 of these Regulations. When natural topographic features preclude the expansion or use of one side of the road right-of-way, the developer of the other side may be required to dedicated additional right-of-way equal to that, which is precluded by the natural feature.

2. When a minor, exempt, or replat subdivision (not major subdivision or development) abuts a public right-of-way which is shown on the Village’s Official Access Management Plan (see Appendix XI: Village Roadway Classification), and when additional right-of-way is required for the street to meet its classification, the subdivider shall have pins placed in the ground marking one-half the additional right-of-way required in accordance with the Village’s Official Access Management Plan and Article 8 of these Regulations. This area shall be indicated and labeled as “future road right-of-way easement” on both the survey and in the deed description. When natural topographic features preclude the expansion or use of one side of the road right-of-way, the developer of the other side may be required to pin, mark, and label additional road right-of-way equal to that, which is precluded by the natural feature.

3. When a subdivision (major, minor, adjacent land transfer, or replat) abuts a public road right-of-way where the required road right-of-way does not currently exist, the land owner/developer shall be required to dedicate at least half of the amount required to increase the public road right-of-way from the centerline of the road to its designed width.

4. For any subdivision (major, minor, exempt, or replat) fronting along an existing Village road not designated on the Village’s Official Thoroughfare Plan, provisions shall be made to set aside the necessary right-of-way for traffic, utilities, and drainage, in accordance with the minimum right-of-way for local streets as established by these Regulations. When natural topographic features preclude the expansion or use of one side of the road right-of-way, the developer may be required to dedicate (Major Subdivision/Development) or set aside


(Minor/Exempt Subdivision or Replat) additional road right-of-way equal to that which is precluded by the natural feature.

5. The right of way donation required should be larger at classified intersections to allow for future additional turn lanes, pedestrian facilities, utilities, clear zone spacing for signal pole installations, etc. For any arterial intersection, within 600 feet of the intersection, a 150-foot minimum donation is required. This would allow for a future cross section that includes room for utilities, sidewalks, shoulders, two through lanes in each direction, a dual left turn lane, and a right turn lane. For any minor collector intersection, within 600 feet of the intersection, a 90-foot minimum donation is required. For any major collector intersection, within 600 feet of the intersection, a 120-foot minimum donation is required. This would allow for utilities, sidewalks, shoulders, one through lane in each direction, dual left turn lanes, and a right turn lane.

Section 4.11 Street Classifications and Design Standards

1. Each street shall be designed according to the following classifications. The design and improvement standards contained herein are minimums for all street types in residential subdivisions unless otherwise noted. All streets shall be designed and constructed in accordance with the standards specified in the tables below for each classification and in Article 8 (Congestion Prevention) of these Regulations. Where central sewer systems are available or proposed, curbs and gutters shall be required (see Section 4.43). Streets with curbs and gutters are measured from curb face to curb face. Greater right-of-ways and pavement width may be required due to high slopes or other natural features. Utility easements of 10 feet may also be required along each side of the street.

2. The classification of a new street or streets that do not appear in Appendix XI will be designated by the PZC when a new subdivision (major or minor) is proposed on or adjacent to that street.

3. No utilities shall be placed within 6’ of the bottom of the ditches as shown per standard typical ditch drawings. All streets with open ditches will have a 2’ minimum ditch bottom width. This should be included as a note on the construction plans.

4. Berm under drains may be required along streets with ditches including cul-de-sac bulbs; this drain will need to be located between the pavement and the ditch and will be necessary when the following require it: ditch grades, soil types, and depth to groundwater. This list is not exhaustive and other criteria may be applicable.

5. Street right-of-way shall be adequate to include all cross culverts and roadside ditches.


6. Granular backfill of the utility trenches shall be required under and within 4’ of all paved areas.

Section 4.12 Cul-de-Sacs

Cul-de-Sac – Is a street that has a single means of ingress and egress and terminates in a permanent vehicular turnaround. Lengths of cul-de-sacs are limited to minimize mistaking cul-de-sacs with connecting streets, to discourage speeding, and to limit the number of families stranded in emergency or repair situations where the road is cut or blocked off. Cul-de-sacs in a commercial or industrial zoning district shall meet additional width and right-of-way requirements:

1. Cul-de-sacs should be used sparingly and only to capture areas that cannot be reasonably developed with a through street (in accordance with Section 4.2).

2. Cul-de-sacs are intended to serve fewer than 25 lots.3. When cul-de-sacs are planned, developers must provide a written

explanation why a cul–de-sac is a more beneficial design and why interconnecting streets cannot be used.

Offset cul-de-sac bulbs are preferred and shall be used whenever possible at the discretion of the Planner. Where cul-de-sacs are curbed, they shall be posted as a fire lane and no parking signs shall be erected.


Table 2: Design Elements for Cul-de-Sac Streets

DESIGN ELEMENTS FOR CUL-DE-SAC STREETS(25 mph Design Speed, under 120 ADT)

DIMENSIONS IN FEETOR PERCENT

Minimum Right-of-Way: Curb & Gutter Uncurbed

50’60’

Minimum Pavement Width: Curb & Gutter (face to face) Uncurbed, with 4 foot shoulder (Between pavement and drainage ditch)

28’20’

Minimum Cul-de-Sac Bulb*

Right-of-way Curbed Pavement Width Uncurbed Pavement Width

60’ radius*

45’ radius*

42’ radius*

Maximum Grade 10%Maximum Grade within 50 feet of an Intersection’s Edge of Pavement 3%

Maximum Grade for the Cul-de-Sac Bulb 5%Minimum Grade 0.5%Minimum Radius of Centerline 150’Minimum Tangent Length Between Reverse Curves 50’Minimum Curb Radii 75’Minimum Stopping Distance 170’Minimum Sidewalk Width (when required)Minimum Grassed Area Between Sidewalk and Curb

5’4’

NOTE: Pavement composition and construction standards are located in Appendix VII.* This minimum requirement may be increased upon the request of local trustees, fire district, or school district.


Figure 1: Loop Offset Cul-De-Sac, Curb and Gutter

Figure 2: Loop Offset Cul-De-Sac, Center Island


Section 4.13 Local Residential Streets

Local Residential Street – A local residential street is the lowest order of roadway providing access to residential lots and carrying only the traffic generated by adjoining residential land uses. Residential subdivisions should be developed so that the maximum number of housing units have frontage on local residential streets. All tracts having a zoning classification of AR-1 or AR-2 shall have access roadways of not less than twenty-six feet in width and full width unobstructed access to a public street, alley or highway. The pavement shall be constructed on a properly prepared subgrade and shall consist of not less than six inches of portland cement concrete with integral curbing, or six inches of compacted aggregate base course and two inches of asphalt concrete surface course with portland cement concrete curbing or combined curb and gutter. Curbing may be eliminated to permit access to parking areas only.

Table 3: Design Elements for Local Residential Streets

DESIGN ELEMENTS FORLOCAL RESIDENTIAL STREETS(25 mph Design Speed, up to 800 ADT)


Minimum Right-of-Way Curb & Gutter 50’Minimum Pavement Width Curb & Gutter (curb face to curb face) 26’Maximum Grade 10%Maximum Grade within 50 feet of an Intersection 3%Minimum Grade 0.5%Minimum Radius of Centerline 150’Minimum Tangent Length Between Reverse Curves 50’Minimum Radii Curbed 25’Minimum Stopping Distance 175’Minimum Sidewalk Width (when required)Minimum Grassed Area Between Sidewalk and Curb

5’6’

NOTE: Pavement composition and construction standards are located in Appendix VII.



Figure 3: Local Residential Street, Curbs and GutterCross Section of Local Residential Street or Cul-de-sac with

Curbs and Gutters

Figure 4: Not Used


Section 4.14 Minor Collectors

Minor Collector – A collector roadway distributes traffic between lower order residential streets and higher order arterial streets. The collector’s purpose is primarily to promote free traffic flow, thus direct access for adjoining lots should be limited where possible. Collectors should not be used for on-street parking and may provide linkages to adjoining developments to improve vehicle circulation. There are two types of collectors, minor and major. A minor collector adds a middle turn lane while a major collector is designed to carry more traffic by removing the turn lane in favor of two dedicated lanes running in each direction.

Table 4: Design Elements for Minor Collectors

DESIGN ELEMENTS FOR MINOR COLLECTORS(3 Lane: 35 mph Design Speed)


Minimum Right-of-Way: Curb & Gutter Required Within 600’ of an intersection

72’90’

Minimum Pavement Width: Curb & Gutter Required*No Parking Permitted* (curb face to curb face)

36’

Maximum Grade 8%Maximum Grade within 50 feet of an Intersection 3%Minimum Grade 0.5%Minimum Radius of Centerline 575’Minimum Tangent Length Between Reverse Curves 250’Minimum Curb Radii 35’Minimum Stopping Distance 250’Minimum Sidewalk Width (when required)Minimum Grassed Area Between Sidewalk and Curb

5’6’

NOTE: Pavement composition and construction standards are located in Appendix VII.


Figure 5: Minor Collector, MinimumCross Section of Minor Collector Minimum Requirements

Figure 6: Minor Collectors, 4 LanesCross Section of a Minor Collector with 4 lanes


Section 4.15 Major Collectors

Major Collector – A collector roadway distributes traffic between lower order residential streets and higher order arterial streets. The collector’s purpose is primarily to promote free traffic flow, thus direct access for adjoining lots should be limited where possible. Collectors should not be used for on-street parking and may provide linkages to adjoining developments to improve vehicle circulation. There are two types of collectors, minor and major. A minor collector adds a middle turn land while a major collector is designed to carry more traffic by removing the turn lane in favor of two dedicated lanes running in each direction.

Table 5: Design Elements for Major Collectors

DESIGN ELEMENTS FOR MAJOR COLLECTORS(4 Lane: 45 mph Design Speed)



100’120’

Minimum Pavement Width: Curb & Gutter Required*No Parking Permitted* (curb face to curb face)

48’60’ (when a center turn lane or a median is required.)


5’14’


Figure 7: Major Collector, MinimumsCross Section of Major Collector with Minimum Requirements

Figure 8: Major Collector, IdealCross Section of Ideal Design for Major Collector


Section 4.16 Minor Arterials

Minor Arterial – This roadway is a thoroughfare similar in nature to a major arterial, but designed for lower volumes of traffic. Minor arterials shall consist of a minimum of 4 lanes with a median, and intersections and direct driveway accesses shall be minimized.

Table 6: Design Elements for Minor Arterials

DESIGN ELEMENTS FOR MINOR ARTERIALS(55 mph Design Speed)



120’150’

Minimum Pavement Width: Curb & Gutter Required*No Parking Permitted* (face to face)

48’ Excluding median60’ (When a center turn lane or a median is required)


5’18’


Figure 9: Minor Arterial, Center Turn LaneCross Section of Major or Minor Arterial with Center Lane for Left Turns

Figure 10: Minor Arterial, Left and Right Turn LaneCross Section of Major or Minor Arterial with Left and Right Turn Lanes

For One Direction of Traffic


Section 4.17 Major Arterials

Major Arterial – An major arterial is a major thoroughfare designed to carry traffic between municipalities and other activity centers at a high rate of speed, generally over 45 mph, and to provide connections with major state and interstate roadways. Arterials shall consist of a minimum of 4 lanes, and contain as few intersections and access as few driveways as possible. As a result, no new access points for driveways will be permitted (see Article 8: Congestion Prevention). Typically, existing or new state routes are classified as an arterial.

Table 7: Design Elements for Major Arterials

DESIGN ELEMENTS FOR MAJOR ARTERIALS(55 mph Design Speed)



120’*

150’Minimum Pavement Width: Curb & Gutter Required*No Parking Permitted* (curb face to curb face)

48’Excluding median(More where left/right turn lanes are required)


5’18’


Figure 11: Major Arterial, Grass MedianCross Section of Major or Minor Arterial with a Grass Median

Figure 12: Major Arterial, Left & Right Turn Lanes

For One Direction of Traffic


Section 4.18 Marginal Access Roads

Marginal Access Road – A service roadway may be running parallel to and from a higher order roadway and providing access to abutting properties and separation from through traffic on the higher order roadway. A marginal access road shall be designed as a local residential street according to anticipated daily traffic. When a marginal access road is developed directly adjacent to the arterial, its ultimate design should be one-way.

Table 8: Design Elements for Marginal Access Roads

DESIGN ELEMENTS FOR MARGINAL ACCESS ROADS(35 mph Design Speed)


Minimum Right-of-Way*

Curb & Gutter Uncurbed

60’60’

Minimum Pavement Width*

(No Parking Permitted in Non-Residential Areas)

Curb & Gutter (curb face to curb face) Uncurbed

28’20’

Maximum Grade 10%Maximum Grade within 50 feet of an Intersection 5%Minimum Grade 0.5%Minimum Radius of Centerline 150’Minimum Tangent Length Between Reverse Curves 50’Minimum Curb Radii 25’Minimum Stopping Distance 250’Minimum Sidewalk Width (when required)Minimum Grassed Area Between Sidewalk and CurbMinimum Grassed Area Between Marginal Access & Arterial

5’3’19’#

* A reduction in these minimum requirements may be made if the marginal access

road is designed and approved as a one-way road.

# At an intersecting roadway the distance shall be great enough to meet the intersection spacing requirements of Section 4.4 of these Regulations.


Figure 13: Marginal Access Road, Curbs and Gutters

Figure 14: Marginal Access Road with Ditches


Section 4.2 Loop Cul-de-sacs and Roundabout

1. Cul-de-sac shall only be constructed with a center island (unless specifically requested by the Village to leave as pavement) to reduce the amount of pavement for public maintenance and stormwater runoff. All cul-de-sac construction shall comply with Section 4.12 of these Regulations.

2. Roundabouts shall be used at all four way intersections (unless specifically requested by the Village Council to be a traditional 4-way stop) in residential areas unless topographic or other natural features preclude their use and shall be encouraged as a traffic-calming device.

For roundabout design criteria, see USDOT standards.

Figure 15: Roundabout Design Standard

Source: USDOT Publication #FHW-RD-00-067http://www.tfhrc.gov/safety/00068.htm


http://www.tfhrc.gov/safety/00068.htm

Table 9: Roundabout Recommended Maximum Entry Design Speed

Site Category Entry Design Speed (MPH)Mini-Roundabout 15Urban Compact 15

Urban Single Lane 20Urban Double Lane 25Rural Single Lane 25Rural Double Lane 30

Section 4.3 Special Street Types

The following requirements shall apply to special street types:

1. Permanent dead-end streets shall not be permitted. Temporary dead-end streets shall be permitted only as part of a continuing street plan. Where a street is temporarily dead-ended at a property line, a temporary turnaround shall be required. These turnarounds cannot be used as road frontage for the creation of additional lots. Temporary dead-end streets shall extend to the boundary of such undeveloped acreage and shall be provided with an interim turnaround satisfactory to the Planning Commission and to the Village in design.

When the adjacent tract of land is anticipated to be developed in the future and the extension of the roadway system will provide continuity between subdivisions, a street extension or street stub that satisfies the following standards, will be required:

a. A note is added to the Final Plat indicating that the future connection of the street extension(s) or street stub(s) identified thereon by the same or other developers shall be extended and opened as a public street(s) in subsequent phases of development.

b. If a street extension is built, a “No Outlet” sign is placed at its entrance and a barricade approved by the Village Engineers Office is placed at the end of the extension.

c. A street extension that exceeds one (1) lot in depth will be considered a cul-de-sac for the purposes of construction and shall conform to the requirements of Section 4.12. Depending on whether a major subdivision is being constructed in phases and the timing of the projects, a variance may be sought to allow the section of the cul-de-sac bulb, which is not part of the linear pavement to be constructed in gravel.

d. Alternatively, a phase may be ended at an intersection and the road constructed such that a “T” turnaround is created by building the first 30 feet of length of the intersecting street. Such a “T” turnaround shall be in accordance with Section 4.12 or 4.13 of these Regulations, depending on its ultimate planned design. A sign shall be posted


indicating no parking on the “T”. A barricade approved by the Village Engineer’s Office will be placed at the end of the street stub. There will be a two-year time limit on “T” turnarounds intended to be temporary. In phased developments, prior to the plat being recorded, a bond will be required for the construction of the bulb of the cul-de-sac in the event the developer does not construct the cul-de-sac after the two-year time limit or begin a new phase. Design standards as well as a cost estimate will need to be submitted for all Temporary “T” turnarounds. This standard does not preclude future connection or extension.

e. If a street extension would extend only 1 lot frontage or less in depth past a street intersection, only a street stub will be required. In this case the right-of-way shall extend to the limits of the property of the proposed subdivision, while the street stub shall extend to the radius end of the curve or ten (10) feet, whichever is greater. A barricade approved by the Village Engineer’s Office will be placed at the end of the street stub. In areas where centralized water and sewer services are being utilized the street stubs shall be improved to the property line.

f. The end of a street extension shall not be counted as road frontage for the creation of additional lots. Likewise, no part of a street stub shall be considered road frontage for the creation of additional lots.

2. Dedication of a new half-street shall not be permitted. Where a dedicated or platted half-street exists adjacent to the tract being subdivided, the other half shall be platted.

3. Where a subdivision abuts or contains an existing or proposed arterial street, the Planner shall require marginal access streets, and where reverse frontage is created, screen planting shall be contained in a non-access reservation along the rear property line or other such treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic. There shall be no direct vehicular access from any lots to such arterial streets or highways.

4. Residential developments planned adjacent to any interstate style limited access highway shall provide adequate noise abatement measures as specified by O.D.O.T. standards. This may be in the form of sounds walls, mounded buffers, increased setback and/or landscaping or other measures approved by the Planner. (See Section 4.65 & 4.66)

5. When a residential subdivision abuts or is adjacent to a major collector or higher classification roadway, there shall be a landscaped buffer no less than 40 feet between the road right-of-way and any lots. The buffer shall be at least 70% opaque during the winter and at least six (6) feet in height at the time of planting. For any residential subdivision where there is proposed to be a homeowners association, said buffer shall be exclusive of any proposed lot of record and may count toward the minimum open space requirement as specified in Section 4.7. For any residential subdivision where a homeowners association will not be established and the landscape buffer is to be located upon private property, an easement shall be recorded on the final plat. In either case it shall be noted in the


restrictive covenants that the landscape buffer shall be maintained by the homeowners association or homeowner and no tree shall be removed unless the tree is dead or determined to be diseased. The removal of a tree shall require the homeowners association or homeowner to replace the tree as originally specified herein and noted on the plat. (See Section 4.65 & 4.66)

Section 4.30 Street Names In no case shall the names for proposed streets (except extensions of existing streets), or the name of proposed subdivisions duplicate or closely resemble existing street names or subdivision names in the county, its cities or villages, irrespective of the use of a direct suffix such as Drive, Court, Place, Avenue, etc. In addition, a name shall not be confusing or excessive in length. Street names shall be subject to the approval the Planner. (See Section 5.21) Whenever a new street is constructed along the approximate alignment or extension of an existing street, its name shall be the same as that of an existing one. In all cases of new street construction or extension, address ranges shall be placed on the street sign indicating the direction and range of addresses.

Section 4.31 Horizontal Alignments

Horizontal – As determined by the design speed and site distance per ODOT’s regulations (as per ODOT’s Location & Design Manual).

Section 4.32 Vertical Alignments

Vertical – As determined by the design speed and site distance per ODOT’s regulations (as per ODOT’s Location & Design Manual).

Section 4.33 General Street Suffix

All new streets shall be named in the following manner and shall be subject to the approval of the Planning and Zoning Commission:

General Direction Over 1000 feet in Length Under 1000 feet in Length North and South Street Places East and West Avenues Courts Diagonal Roads Ways

Curving Drives Circles


http://www.dot.state.oh.us/roadwayengineering/standards/Publications/LDM/2006-04-21/200_apr06.pdf

http://www.dot.state.oh.us/roadwayengineering/standards/Publications/LDM/2006-04-21/200_apr06.pdf

Section 4.4 Intersection Design Standards

These standards create safer intersections and allow for sufficient safe stopping distance as well as to prevent cars waiting to turn from stacking and thus disturbing through traffic flow. The design and improvement standards for intersections are minimums for all street intersections in subdivisions. All such intersections shall be designed and constructed in accordance with the standards as specified in the table below, Section 4.40, and Article 8, Congestion Prevention.

Table 10: Design Elements for Intersections/Driveways/Access Roads

DESIGN ELEMENTS FOR INTERSECTIONS/DRIVEWAYS/ACCESS ROADS* STANDARD

Maximum Approach Speed 25 mphMinimum Angle of Intersection 75 degrees and the street shall

remain in the angle of intersection for at least 100’ beyond the point of intersection.

Minimum Centerline Offset of AdjacentIntersections:Local – LocalLocal – CollectorLocal – ArterialSubcollector – SubcollectorSubcollector – CollectorSubcollector – ArterialCollector - Arterial

200 feet250 feet300 feet300 feet300 feet300 feet1,320 feet

Minimum Intersection Stopping Sight DistancesLocal Rural Roads

Design Speed of Road Intersected

55 MPH50 MPH45 MPH40 MPH35 MPH25 MPH

Minimum Stopping Sight Distance550 feet475 feet400 feet325 feet250 feet175 feet

*Based on AASHTO

The above chart applies to all access point including those in platted subdivisions. Whenever possible marginal access roads shall be designed as one-way streets. These roads shall be one-way in the direction of travel as the nearest lane of the adjacent highway.

Section 4.40 General Intersection and Roadway Standards

1. Intersections shall be laid out so as intersect as nearly as possible at right angles.


2. Multiple intersections involving junctions of more than two streets shall not be permitted unless approved by the Planner.

3. Proposed new intersections, or subdivision entrances along one side of an existing street shall, whenever practical, coincide and align with any existing street. Street jogs with centerline offsets of less than 200 feet shall not be permitted.

Section 4.41 Streets for Non-Residential Subdivisions

Non-Residential Subdivisions shall include subdivisions in an area zoned for any type of commercial, industrial, or PUD that contains any mix of residential, commercial, and/or industrial development. In areas with no adopted zoning resolutions, any subdivision created with any of the uses mentioned above shall be considered Non-Residential.

In addition to the rules and regulations set forth in these subdivision regulations, the subdivider must demonstrate to the satisfaction of the Planner that the street, parcel, and block pattern proposed is specifically adapted to the uses anticipated and takes into account other uses in the vicinity. The following principles and standards shall be satisfied if these roads are to be dedicated to the public:

Principles and Standards

1. The street and lot layout of a non-residential subdivision shall be appropriate to the land use proposed and shall conform to the approved land use plans and zoning resolutions of the area.

2. Proposed industrial and commercial parcels shall be suitable in area and dimensions for the type of development anticipated.

3. Street right-of-ways and pavement width minimums shall be increased in order to accommodate the type and volume of traffic the development is expected to generate (i.e. the street classification may be upgraded depending on the proposed use. This includes the need to plan for future traffic adjacent undeveloped parcels.)

4. Additional requirements may also be imposed by the Planner or the Village Engineers regarding the amount and type of materials used in the construction of the proposed roadway’s pavement, as well as the curb and gutter and sidewalk design and construction.

5. Special requirements may be imposed by the Planner upon recommendation from the Village Engineer, Water and Wastewater authority or other state, federal, or local authority regarding the installation of public utilities.

6. Every effort shall be made to protect existing or potential adjacent residential areas from any potential nuisances as a result of the proposed development. This may include, but not be limited to, extra depth in parcels abutting the residential areas, screening or fencing, and a combination of landscaping and dirt mounding to provide for adequate buffering and noise abatement.

7. Streets carrying non-residential traffic, especially truck traffic, should not normally be extended to the boundaries of existing or potential adjacent areas, or connected to streets intended for predominantly residential traffic. However the


Planner may require a street stub if adjacent parcels are zoned for a similar use or are designated for a similar use in the adopted Village Comprehensive Plan.

Section 4.42 Sidewalks and Pedestrian Accesses

1. Where curbs and gutters are required, sidewalks shall be required on both sides of all streets in the proposed subdivision or development. Where sidewalks are required, these sidewalks shall be constructed to current ADA standards at street intersections.

2. When the proposed subdivision or development is located within one-half (0.5) mile of commercial or quasi-public zoned land, that is designated for commercial or quasi-public use in the Village’s comprehensive plan, and/or within one (1) mile of a school, park, playground, shopping center, transportation hub, or other community facility (measured from the nearest point of the subdivision to the nearest point of the place of activity), sidewalks shall be required. The Planner shall also require sidewalks to be installed along the perimeter roadways of any proposed subdivision utilizing centralized water and sewer to facilitate pedestrian access to surrounding areas.

3. The sidewalks must be included as a requirement in the deed for each lot. These sidewalks can be installed at the time of home construction so as to minimize damage from construction.

4. All sidewalks must be five (5) feet wide and constructed of concrete.

5. All sidewalks along Village roadways must be placed inside the road right-of-way.

6. Any street trees must be planted on the back side of the sidewalk.

7. All sidewalks along state routes must be placed outside of the road right-of-way (on private property)

8. The Planner shall also require, in order to facilitate pedestrian access from the roads to schools, parks, playgrounds, shopping centers, transportation, or other community facilities perpetual unobstructed easements of at least 20 feet in width. Easements maybe required to be paved with asphalt and must be recorded on Final Plat.

9. When sidewalks are proposed as part of the subdivision the curbs shall be dropped or removed by a curb-cut method at locations shown in the plans for the handicap ramps. The sidewalk and/or handicap ramp adjacent to the curb shall be at least 6-inches thick for a distance of 4-feet from the back of the curb. At intersections, all sidewalks and ramps will need to be designed to be ADA compliant. The design of the sidewalks and ramps will need to be designed to follow the most current ADA Standards for Accessible Design. Crosswalks shall


be included at all handicap ramps and shall be painted in thermo-plastic reflective painting, or other methods approved by the Village Engineer.

Section 4.43 Curbs and Gutters/Storm Sewers

1. Where central sewer systems are proposed, curbs and gutters shall be required. Curbs and gutters are also required for all collector streets, for all streets in mixed use planned unit developments where net density is clustered in exchange for collective open space, and in any development involving any mix of commercial and/or one-, two-, or multi-family residential uses. The Village Engineer must approve all curb and gutter designs. The Planner may also require curbs and gutters in areas of notable flash flooding, heavy rain runoff, flat topography, or other areas prone to drainage problems.


Section 4.5 Lots and Blocks

The arrangement of lots and blocks shall be such as to conform to the street planning criteria set forth in Section 4.1 inclusive, and shall be arranged to accommodate lots and building sites of the size and character required for the district as set forth in these subdivision regulations and the Village zoning resolution and to provide for the required community facilities.

Section 4.50 Block Standards

Block lengths and widths shall be coordinated with the development of the land and shall be designed in a manner that will allow proper traffic flow including fire and emergency vehicles, and pedestrian use and access ways within the block to schools, parks, or other destinations as may be required by the Planner. In addition, the following regulations shall govern the design and layout of blocks:

1. Irregularly shaped blocks, those intended for cul-de-sacs or loop streets, and those containing interior parks or playgrounds, may be approved by the Planner if properly designed and located and if the maintenance of interior public spaces is covered by agreements.

2. No block shall be longer than 1,500 feet, and the block width shall accommodate lots and building sites of the size and character required for the district as set forth in these subdivision regulations and the Village zoning resolution and shall be sufficient to provide for community facilities.

3. Wherever blocks exceed 900 feet in length, the Planner shall require crosswalks of not less than 10 feet in width near the center of the block. These pedestrian accesses shall be constructed to ADA compliant sidewalk specifications to provide proper access to schools, recreation areas, shopping centers, and other facilities.

Section 4.51 Lot Standards

Each lot shall front along an improved dedicated public right-of-way. All lots must also conform to or exceed the requirements of the zoning district in which they are located and the use for which they are intended. In addition, the following regulations shall govern the design and layout of lots:

1. Lots Abutting Classified Roadways : Where a proposed subdivision (major or minor) abuts or contains an existing or proposed arterial or collector (major or minor) street, the Planner shall require, one or more of the following:

a. Marginal access roads. (Section 4.18)b. Reverse frontage lots with depth adequate to insulate the building area

from the arterial. (per Section 4.66 Noise Abatement)c. Buffering and/or screening (per Section 4.65) to separate traffic from the

proposed lot.d. Driveways with turnarounds.


e. Shared access points to the public right-of-way. If a shared access point is part of a subdivision, the shared

access point and driveway will need to be constructed by the applicant prior to final approval.

f. Cross access agreements. See Appendix IV. If a cross access agreement is part of a commercial

subdivision, the cross access will need to be constructed by the applicant, to the lots gaining access to the shared point, prior to final approval.

2. Access to Arterial : The creation of lots which would have direct access from an arterial as identified in Appendix XI – The Village’s Official Thoroughfare Plan, or Article 8 – Congestion Prevention, shall be discouraged and will not be allowed where the minimum spacing required by Article 8 is not met, and a permit from ODOT has not been received.

3. Side Lot Lines : All side lot lines shall be at right angles to street lines and radial to curved street lines except where the Planner determines that a variation to this rule would provide a better layout. Corner residential lots shall have additional width to accommodate front setback requirements for orientation to both streets (i.e. the front setback requirement must be met on both sides of the lot with public road frontage).

4. Double Frontage : Lots with double frontage shall be avoided except where the Planner determines that it is essential to provide separation of residential development from higher order streets. Any access shall be from the lower order street. These lots will require adequate buffering and/or screening as per Section 4.65 of these Regulations.

5. Additional Lot Depth and Buffers : Additional lot depth will be required where a residential lot in a subdivision backs up to a railroad right-of-way, a high pressure gasoline or liquid pipeline, open drainage ditches, an industrial area, or other existing or zoned land use which may have a detrimental effect on the residential use of the property, and where no street is provided at the rear of such lot. Where a residential lot has its side lot line adjacent to any of the aforementioned, an appropriate additional width may also be required. Buffers per Section 4.65 are to be provided by the developer.

6. Steep Driveways : Lots and streets shall not be laid out so as to create a buildable lot that requires a driveway access with a slope greater than 10% within the road right-of-way, and driveways shall be designed to drain to the appropriate drainage system.

7. Lowest Order Road Address : The Village Engineer’s Office shall assign new lots their street address on the lowest order improved public roadway on which the lot has frontage. This is also the roadway where any mailbox for that lot shall be located, unless the United States Postal Service requests, in writing to the Planner or LC Engineer, a different location.

8. Remaining Land : No remnants of property shall be left after the creation of a lot that do not meet the intent of these Regulations.


Section 4.52 Easements

1. Utility Easements : Public utility easements at least ten (10) feet in total width shall be required along the rear of lots where needed for the accommodation of a public utilities, drainage or any combination of the foregoing. Side yard utility easements shall be ten (10) feet and the side yard setbacks shall be a minimum of 20 feet and may be required at the end of cul-de-sacs to provide access for future utility line extensions. Where deemed necessary by the Planner or utility providers, an additional easement width may be required.

In areas where centralized water and sewer systems are utilized the side and rear yard easements may be reduced to 5 feet on either side of a lot line for a total width of 10 feet.

2. Watercourse Easements : Thirty foot easements shall be provided along every watercourse, drainage channel, stream, or other environmentally sensitive area. See Appendix III for a sample watercourse easement. Extra easements for back slopes may also be required by the Planner where necessary.

3. Structures and fill are not permitted in any easement unless approved in writing by the Planner. All easements shall be fully depicted on the Final Plat and these restrictions recorded in the deeds.

4. All utilities shall be located behind the front setback.

Section 4.6 Physical Considerations and Natural Features

Subdivisions should be planned to take advantage of the topography of the land, to economize in the construction of drainage facilities, to reduce the amount of flood danger and damage, to minimize destruction of trees and topsoil, and to preserve such natural features as watercourses, unusual rock formations, large trees, sites with historical significance, and other assets which, if preserved, will add attractiveness and value to the subdivision and the community.

The Village Planner staff and the developer at sketch plan shall identify those areas to be preserved and the protection of these areas. This shall include historical sites, natural features (watercourses, unusual rock formations, and trees). The areas to be preserved shall be noted on the plat, within the restrictive covenants and within any deed restrictions as applicable. Said restrictive covenants and deed restrictions shall address the preservation and maintenance of the features and removal (ONLY IF IT BECOMES A PUBLIC SAFETY HAZARD and as approved by the platting authority). Shall the developer and the Village Planner staff not reach an agreement as to what shall be preserved and how it is to be protected, the Village Planner board (at or before the preliminary plan) shall review the feature(s) and make the final decision.


The disturbance of historical sites shall be strictly prohibited. Should any of the areas identified for preservation be disturbed or destroyed as a result of the development of the site (site clearing, construction and the like) may result in restitution of the feature(s) that were destroyed or altered as determined by the Village Planner board. The developer shall be held harmless of any destruction due to natural events, such as severe weather, flooding, high winds, earthquakes, natural deterioration and the like. Additionally, the developer shall be held harmless of any destruction after the completion of the project (final inspection is approved and road accepted for maintenance) so long as the developer as a property owner does not take any deliberate action to destroy the feature in violation of the recorded plat, restrictive covenants, and/or deed restriction.

Section 4.60 Flood Plain and Watercourses

Some floodplains in Village of Johnstown are identified on Federal Emergency Management Agency (FEMA) maps. The following shall apply to those floodplains identified on FEMA’s Flood Insurance Rate Maps (FIRM) or to flood prone areas identified as follows. For any stream or body of water not identified by the FIRM, including intermittent streams, the developer shall determine the 100-year flood elevations and subsequent mapping, through a certified engineering analysis. These elevations shall be determined in accordance with FEMA’s recognized state methods and based on “future conditions”. Any 100-year flood plain thus identified on the site must also meet the following requirements:

1. Floodway and 100 Year Flood Hazard Areas : The approval of a subdivision that is located in or partially in an area of periodic flooding, or identified as a flood hazard area on the Licking County FIRM’s or floodway maps, shall be limited to the following:

a. Approval shall not be given for streets within a subdivision, which would be subject to flooding. All street surfaces must be located one or more feet above the 100-year flood elevation.

b. Where major subdivisions are proposed to be located in areas of periodic flooding or in identified 100-year flood hazard areas, and the average lot size is less then 1.5 acres, such floodplain areas shall be left undeveloped or as recreation areas, etc. (See Sec. 4.7 Recreation and Open Space). No area where natural elevation is shown as floodplain shall be used for building sites, leach fields, or well sites. No land disturbing activities shall occur in the floodplain area without prior written approval from the PZC Staff. Should any part of a flood plain be located on a proposed lot, such design shall be explicitly approved by the PZC Board and shall be included in the Open Space/Common Area Management Plan (see Section 4.73 #2). These requirements shall be included in the covenants and deed restrictions, and on the final plat.

c. In minor land divisions, no areas where natural elevation is within a flood zone hazard area shall be included as part of a lot unless that lot meets current Village and health department minimum lot size outside of the flood hazard area exclusive or road right-of-way and other easements of


record. If areas subject to flooding are included on a lot these areas will need to be delineated by permanent markers on all lot lines, which will noted with their locations shown on the final plat.

d. All sanitary sewer systems and water supply systems must be approved by the Village Service Director and Village Engineer.

e. Subject to Section 4.01 (Suitability of Land) of these Regulations.f. Stream bank buffer areas for perennial and intermittent natural streams

whose drainage basin is 75 acres or greater shall be designated within identified flood hazard areas on each side of the watercourse that is 50 feet upland from the defined top of stream bank, which shall be maintained in its natural or scenic condition to provide water quality protection and flood buffering. Identified flood hazard areas with a total width of 100 feet or less shall designate the entire area as a stream bank buffer. This buffer area shall not be contained on any lot. This shall not prelude the installation of any necessary street or driveway as required by the Planner.

g. Around all perennial streams the following requirements shall be established:1. An undisturbed natural stream bank buffer area of fifty (50) feet

measured from the stream banks shall be maintained. Utilities shall not be located within this buffer. All disturbances of this buffer require prior approval by the Planner.

2. Impervious surfaces are prohibited within seventy-five (75) feet of the stream bank.

3. Stream buffer or no disturb buffer areas shall be protected from disturbance by temporary fencing throughout construction of the site. The fencing is required to be in place prior to the pre-construction meeting being held.

2. Stream, Drainage, and Flood Easements – If a stream flows through, or is adjacent to, the proposed subdivision, the subdivider shall provide on the Preliminary Plan and Final Plat for a storm water easement along the stream(s).

a. Access to streams or storm drainage ditches and channels shall be by means of easements. Such easements shall not be less than 30 feet in width, exclusive of the width of the ditch, or channel, or similar type facility.

b. Underground facilities, such as tiles and storm sewers shall have easements with a minimum of 20 feet.

c. Whenever a stream, storm drainage ditch, or channel has a depth of three feet or more, a bank slope of two horizontal to one foot vertical shall be provided. For identified flood hazard areas, the subdivider shall provide that the flood hazard area (fringe and floodway) be established on the preliminary plan and the final plat. The subdivider will also incorporate into the deed restrictions and covenants that no permanent or temporary structures (i.e. yard barns, accessory buildings, bridges, etc.) will be constructed within the flood hazard area, nor shall any fill be placed therein.


3. Public Access – Flood plain and storm water easements established under these Regulations shall provide for public access for inspection and maintenance of stream flow, and enforcement of these Regulations and the regulations adopted by the Village. The establishment of these easements does not in itself provide for public maintenance of these facilities. See Appendix IIIa for a sample watercourse easement.

All subdivisions and developments shall be required to enter into the Village of Johnstown Drainage Maintenance Program, see Section 6.06 #8 and Appendix XXII.

Section 4.61 Storm Drainage Channels

All natural and storm drainage channels requiring a capacity greater than that accommodated by a 60-inch diameter pipe shall remain as an open channel. Where conditions justify, the Village Engineer may make exceptions. The cross section and profile of said channel and its banks shall be determined by the Village Engineer and Village of Johnstown Soil and Water Conservation District. After inspection, open channel banks and a ten-foot berm shall be protected from eroding at the end of each construction day according to specifications in the latest revision of Rainwater and Land Development, as published by ODNR, Division of Soil and Water Conservation.

Section 4.62 Erosion Control

The intent of the Erosion Control regulations are to:1. Prevent erosion during construction and prior to final site completion.2. Minimize the removal of vegetation during the development process.3. Minimize the exposure of bare earth to precipitation by encouraging the

scheduling of land development in increments of workable size which can be completed within a single construction season or within a time period compatible with the type and the size of the project;

4. Provide for the re-establishment of vegetation within a reasonable period following completion of land disturbance and utility installation (See Sec. 4.63);

5. Give priority to the paving of streets, parking lots, and other areas within a reasonable time following completion of final grading;

6. Encourage the use of erosion and sediment control techniques found in the latest revision of Rainwater and Land Development, published by ODNR, Division of Soil & Water Conservation.

Section 4.63 Erosion Control Standards

The developer must meet the more stringent of the current National Pollutant Discharge Elimination System (NPDES) Permit or the requirements of this section.

1. Sedimentation facilities (debris basins, sedimentation traps) and other control measures such as filter barriers, diversions, berms, interceptor ditches and


terraces, shall be installed in conjunction with the initial grading operations and be maintained throughout the development and construction process to remove sediment from runoff waters draining land under development. These shall be maintained by the developer to assure functional operation during all phases of construction by periodic maintenance activities.

2. Land which has been cleared for development, and upon which construction has not commenced within twenty-one (21) days of this initial clearing shall be protected from erosion and consequent sedimentation by appropriate vegetation and land covering techniques such as seeding, sodding, mulching ground cover installation or other vegetation or earth covering techniques.

3. Construction activity on individual single-family lots or a group of lots being developed simultaneously by one developer shall be conducted only if sedimentation facilities are installed and maintained throughout the construction period to prevent soil from any lot or group of lots from being carried off site during all phases of project construction. Substantial completion of final grading and initial ground covering shall be completed prior to the seeding, sodding, ground covering installation or other vegetative or earth covering techniques.

4. No grading, cutting, or filing shall be accomplished on any site under development such that unprotected land surfaces will be in contact with surface water or will encroach upon natural waterways or their floodplains, unless erosion control and sedimentation control devices can be installed where determined by the PZC staff, LCSWCD staff or Village Engineer between the grading area and water surface during development and construction, and vegetation can be restored upon project completion.

5. Stripping of vegetation, regrading and other development activities shall be conducted in a manner so as to minimize erosion.

6. Cut-fill operations must be kept to a minimum.7. Development plans must conform to topography and soil type so as to create the

lowest practical erosion potential.8. Whenever feasible, natural vegetation shall be retained, protected, and

supplemented.9. The disturbed area and the duration of exposure to erosive elements shall be kept

to a practical minimum.10. Disturbed soil shall be stabilized as quickly as practical (See Sec. 4.63 #2)11. Temporary vegetation or mulching shall be employed to protect exposed critical

areas during development. These measures shall be installed within 48 hours of initial disturbance. Critical areas, as they pertain to erosion control measures, are defined in Appendix XIV by the Village Engineer or Village of Johnstown Soil and Water Conservation Service.

12. Permanent vegetation and structural erosion control measures shall be installed as soon as practical but no later than 48 hours after final grading. This includes sod or other methods of retaining seeding material prior to maturation in the lower ½ of any drainage ditches.

13. To the extent necessary, sediment in runoff water must be trapped by the use of debris basins, sediment basins, silt traps, or similar measures until the disturbed area is stabilized.


14. Straw, mulch, or netting material provisions must be provided to minimize damage from surface water to the cut face of excavations or the sloping surface of fills within 48 hours of initial disturbance.

15. Cuts and fills may not endanger adjoining property.16. Fills may not encroach upon natural watercourses or constructed channels in a

manner so as to adversely affect other property owners.17. Grading equipment shall traverse flowing streams by means of bridges or

culverts except when such methods are not feasible and provided, in any such case, that such crossings are kept to a minimum.

18. Land-disturbing activity plans for erosion and sedimentation control shall include provisions for control or treatment of any source of sediments and adequate sedimentation control facilities to retain sediments on-site or preclude sedimentation of adjacent streams beyond the levels specified in paragraph (21) of this section.

19. Land-disturbing activities shall not be conducted within any one hundred (100) year floodplain unless in accordance with the Licking County Flood Damage Prevention Regulations and a Permit to Develop in a Flood Hazard Area has been approved.

20. An undisturbed natural buffer area shall be maintained for a distance of twenty-five (25) feet adjacent to any body of water as measured from the lake, wetland or pond banks except when in the interest of public health, safety and welfare, or the contour of the land require a different buffer subject to the Planner’s approval.

21. All correspondence with the OEPA in regards to NPDES permits shall be forwarded to the Planner, and SWP3 with associated inspection reports shall be kept on site for inspection in accordance with the NPDES Permit requirements.

Section 4.64 Site Protection

1. Removal of Debris – All debris shall be disposed of in accordance with legal requirements. No debris, regardless of compliance with other local, state, or federal requirements, shall be buried in the development except in debris pits specifically designed and approved as part of an improvement plan in locations outside the buildable area, drainage ways or drainage easements. Debris pits shall be prohibited in all other locations. If trees and limbs are reduced to chips, they may be used as mulch in landscaped areas. Debris sites shall be shown on construction drawings and must gain approval of the Village Engineer’s Office, and the Village of Johnstown Soil and Water Conservation Service or other appropriate authority.

2. Protection of Existing Plantings – Maximum effort should be made to save fine specimens. No material or temporary deposits shall be placed within four feet (4’) of shrubs or within the drip line and at least ten feet (10’) of trees designated by the developer or the Planner to be retained. Protective barriers or tree wells must be installed around each plant and/or group of plants that are to remain on the site where determined during construction plan review. Barriers shall not be


supported by the plants they are protecting, but shall be self-supporting. They shall be a minimum of four feet (4’) high and constructed of a durable material that will last until construction is completed. Snow fences and silt fences are examples of acceptable barriers.

3. Vegetative Enhancement – Landscaping of all cuts and fills and/or terraces shall meet the approval of the Planner, and/or the LCSWCD.

Section 4.65 Landscape Buffering

1. Function and Materials – Buffering shall provide visual and audio screening in order to minimize adverse impacts. It may consist of fencing, plantings, walls evergreens, berms, rocks, boulders, mounds, or combinations thereof to achieve the same objectives.

2. When Required – Buffering shall be required when the Planner determines that there is a need:

a. To shield neighboring properties from any adverse external effects of a development;

b. To shield the development from negative impacts of adjacent uses such as streets or railroads;

c. To screen public views of rear or side yards and rear facades within double frontage or reverse frontage lots.

d. To shield from different zoned uses or zoning classifications or open space.

3. Planting Specifications – Size of evergreens and deciduous trees shall be allowed to vary depending on setting and type of shrub. All trees, shrubs, and ground covers shall be planted according to accepted horticultural standards and be live at the time of planting. The buffering shall be significant at the time of planting to provide an immediate effect of visual screening. A landscape plan shall be submitted by the applicant that shows the buffering and this will be required to be approved by the PZC staff. The buffer shall be at least 70% opaque during the winter and at least six foot in height at the time of planting. If the landscape buffer is on private property, a landscape easement must be recorded on the final plat.

4. Plant Species – The plant species selected should be hardy for the particular climate zone in which the development is located and appropriate in terms of function and size.

5. Village Zoning – The applicant shall review and comply with all Village zoning regulations regarding buffering, landscaping, or screening.

Section 4.66 Noise Abatement Procedures

All proposed subdivisions or developments that are adjacent to interstate style highways (I-70, SR 16, SR 37, SR 161) shall provide for noise abatement measures. This may be in the form of walls, fences, mounds, plantings, distance or any combination thereof. The noise abatement measures must meet the requirements of ODOT Noise Barrier Details.


http://www.dot.state.oh.us/oes/noise.htm

Figure 16: Noise Barrier Detail

Section 4.7 Open Space

It is found that in order to protect the public health, safety, and welfare an adequate amount of land should be dedicated and developed for open space, park, and recreational purposes or left as undeveloped areas. Therefore, all developers of major residential subdivisions within the planning jurisdiction shall pay a fee-in-lieu of land dedication, unless the Planner, or some other governmental agency requests the dedication or provision of a portion of such land, the provision of a combination of land dedication and fee payment, or the provision of a perpetual conservation easement, as set forth in these regulations, for the purpose of providing park and recreation facilities to serve future residents of each such subdivision or development.

Developed open space shall be designed to provide active recreational facilities to serve the residents of the development. Undeveloped open space shall be designed to preserve in perpetuity unique or sensitive natural resources such as groundwater, floodplains, wetlands, streams, steep slopes, woodlands and wildlife habitat. All open space shall promote the creation of interconnected greenways and corridors throughout and shall meet or exceed the open space requirements of the Village. The construction of convenient and landscaped walking trails or bike paths shall also be encouraged.

Section 4.70 Land Provision and Dedication of Residential Development

1. Minimum Amount of Land – The minimum amount of land to be dedicated or provided by a subdivider as open or recreational space shall be determined in accordance with the following formula (gross site area and number of dwelling units is as shown on the preliminary plan):

Acres of land .04 x gross site area to be dedicated = + .05 per dwelling unit proposedor provided

These minimums shall not be construed to prohibit the voluntary dedication or provision of lands by the subdivider in excess of the requirements established by these Regulations.


2. Characteristics of Land – The Planner will use the following criteria to judge whether land to be dedicated or provided is satisfactory for open space and recreational purposes. These criteria may be adjusted if the Planner determines that doing so will be in the best public interest.

a. Unity : Land to be dedicated or provided must form a single parcel of land or else consist of a few large pieces connected by a trail, path, or walkway. Every attempt should be made to match open spaces and/or recreational land with similar land on adjoining lots or subdivision.

b. Permitted Uses : Uses of open space may consist of the following:1. Conservation of natural, archeological or historical resources;2. Meadows, woodlands, wildlife corridors, game preserves, or

similar conservation-oriented areas;3. Walking or bicycle trails, provided they are constructed of porous

paving materials;4. Passive recreation areas;5. Active recreation areas provided that they are open to the public or

all residents of the subdivision and do not require a fee for use; 6. Agricultural, horticulture, silviculture or pasture uses, provided

that best management practices are used to minimize environmental impacts;

7. Nonstructural stormwater management practices;8. Easements for drainage, access, and underground utility lines; (Easements can lie in the open space but the easements in and of

themselves do not constitute open space.)9. Other conservation-oriented uses compatible with the purposes of

these Regulations.c. Conditionally Permitted Areas : The following areas are permitted to be

included in the required area of open space if made part of a greater active open space (Examples include but are not limited to: Paths, Overlooks, Gazebos).

1. Retention ponds or basins;2. Slopes greater than 20% for an area larger than 5,000 sq. ft.3. Wetlands that meet the definition used by the Army Corps of

Engineers pursuant to the Clean Water Act;4. Stream bank buffers; (See Sec. 4.60 #1 g)5. Any identified or determined 100-year Flood Hazard Areas, if

pervious paths are constructed within as pre-approved by the Planner. (See Sec. 4.72 #6)

d. Size, Shape, and Topography : The land shall be of such minimum dimensions and maximum slope as to be functionally usable for recreational purposes.

e. Location : The land to be dedicated or provided shall be convenient to the dwelling units it is intended to serve. Due to the potential for noise generation, however, the land shall also be sited with sensitivity to surrounding development.


f. Access : Public and maintenance access to the land shall be provided from adjoining street frontage.

g. Preservation of Natural Beauty : Scenic natural features such as trees, plant life, watercourses, topography, and views, and any historic or archeological locations shall be considered and preserved in the provision of open space, parks, and recreational areas.

3. Open Space Ownership – The type of ownership of land dedicated or provided for open space purposes shall be selected by the owner, subdivider, or developer, subject to the approval of the Planner. Type of ownership may include, but is not limited to, the following:

a. The local government, subject to acceptance by the governing board of the local government.

b. Other public jurisdictions or agencies, subject to their acceptance.c. Quasi-public organizations, subject to their acceptance.d. Homeowner, condominium, or cooperative associations or organizations

(See Appendix V); e. Shared, undivided interest by all property owners in the subdivision.

4. Open Space/Common Area Management Plan – The applicant shall submit a Plan for approval by the Planner Board in conjunction with the preliminary plan as required in Section 3.4. This plan shall:

a. Describe what areas are to be used as open space and common areas. These items must be in accordance with Section 4.72 #2, Item a, b, and c and must be identified on a separate sheet within the Preliminary Plan.

b. List and identify any areas that are priority areas for water resource protection, rare species, recreation, buffer areas (natural or landscaped) and any other areas considered by the applicant as open space.

c. Allocates responsibility and guidelines for the maintenance and operation of the Open Space and any common facilities located thereon, including provisions for ongoing maintenance and for long term capital improvements.

d. Estimates the cost and staffing requirements needed for maintenance and operation of, and insurance for, the Open Space and outlines the means by which such funding will be obtained or provided;

e. Provides that any changes to the plan be approved by the Planner; and provides for enforcement of the plan.

f. Demonstrates how the Open Space or facilities will be maintained by the applicant prior to their dedication to another entity.

5. Treatment of Land – Following approval of a preliminary plan which designates land for open space and recreation, the existing vegetation (except growing commercial crops other than growing timber), topography, features of historic value, stream courses, soil, rock strata, and other natural features of such dedicated or provided land shall not be altered or have their condition adversely affected in any way without the consent of the Planner.

6. Improvement of Land – There are two general types of land that meet the open space requirements of these Regulations:


Developed Open Space: The Planner may require the installation of recreational facilities, taking into consideration:

a. The character of the open space land;b. The estimated age and the recreation needs of persons likely to reside in

the development;c. Proximity, nature, and excess capacity of existing recreational facilities;

andd. The cost of recreational facilities.e. Walking/Jogging/Bike trials will be encouraged.

Undeveloped Open Space: As a general principle, undeveloped open space should be left in its natural state. The subdivider may make certain improvements such as the cutting of trails for walking or jogging, or the provision of picnic areas, etc. In addition, the Planner may require a subdivider to make other improvements such as removing dead or diseased trees or grading and seeding.

a. Floodplains will be permitted to be included in the required area of open space at the Planner’s discretion provided that a trail or similar is included within the area that meets the following criteria.

Make use of pervious paving surfaces, pea gravel, mulch, etc. that are appropriate to the use of the proposed trail.

The proposed trail does not traverse a slope of greater than 10% at any point for longer than 25 feet.

The proposed walkways, bike paths, and/or horse trails follow the existing contour of the land and so not require grading other than the ground directly beneath the proposed trail.

Such walkways, paths, or trails shall be of the following specified width.1. Ten (10) feet for horse trails and/or combination horse trails,

bike paths, and walkways. 2. Seven (7) feet for bike paths and/or combination bike path

and walkways.3. Five (5) feet for walkways.

7. Deed Restrictions – Any lands designated for open space purposes shall contain appropriate covenants and deed restrictions approved by the Village Planner ensuring that:

a. The open space will not be further subdivided in the future;b. The use of open space will continue in perpetuity for the purpose

specified;c. Appropriate provisions will be made for the maintenance of open space;

andd. Ownership of the land will revert to a local government or agency, if, in

the opinion of the Planner, open space is not being adequately maintained for public benefit.

e. Common, undeveloped open space shall not be turned into a commercial enterprise admitting the general public at a fee or as part of a membership.


8. Open Space Designations for Phased Subdivisions – The Planner recognizes that for phased subdivisions, the land most suitable for open space and recreation may not be accessible in the initial stages of the development. If the open space to be designated will not be immediately accessible, the subdivider shall pay a fee-in-lieu of land dedicated to Village of Johnstown, as each phase of the development is platted. This fee, calculated as described below, shall be based on the acreage and number of lots for the phase of the development to be platted. The fee will be placed in an escrow account and will be returned to the developer once the land to be provided or dedicated is fully accessible and acceptable.

If the open space will be accessible during the first phase of development, the subdivider has the option of dedicating or providing the open space for the entire subdivision, or providing only that portion of the land required for that phase to be platted.

9. Fencing or landscaping will be required around all open space. This fencing or landscaping will be used to delineate between what is a personal lot of record and what is considered to be open space and will typically be sections of fencing or landscaping located at each lot corner abutting open spaces. Fencing will not be required along roadways that abut to open space, however sidewalks will need to be included along the open space frontage if the subdivision is being developed with sidewalks. If fencing it is used it shall be split rail, 2 or 3-rail construction. Installing fence posts two feet into the open space from lot corners is encouraged to delineate property lines. Chain-link fences are prohibited. A landscape plan will need to be provided and approved by the PZC staff in conjunction with the construction plan submittal.

Section 4.71 Limitations on Use of Required Land and Fees

Any land and fees received by Village of Johnstown pursuant to this resolution shall be used only for the purpose of providing park and recreational facilities to serve the area in which the subdivision concerned is located. Fees paid pursuant to this resolution shall be deposited in an Open Space and Recreational Fund to be used for the acquisition, development, and improvement of park and recreational facilities. No part of such fees shall be used for the purpose of paying salaries, wages, or other general operating expenses. Fees received may be expended only in connection with development of parks and recreational facilities in reasonable proximity to the subdivision they are meant to benefit. Parks and recreational facilities so developed shall continue to be maintained so long as the subdivision they are meant to benefit remains in use.

Section 4.72 Adjustment to Open Space

Notwithstanding any provision of these Regulations to the contrary, the Planner may in cases of an unusual or exceptional nature, allow for adjustments in the open space land dedication and fee-in-lieu regulations and park development fee requirements as established in and required by the provisions of this resolution. Adjustments may be


allowed when, in the opinion of Planner, it has been determined and shown that the character of the particular subdivision and the park and recreation need generated by and associated with it sufficiently justify adjustments.

Section 4.8 Condominium, Multi-Family, and Commercial Development

Refer to Codified Ordinance Part Eleven Chapter 1179 for Planned Unit Developments approval procedures.

Section 4.80 Private Streets

Private streets may be permitted provided they meet the following requirements:1. The minimum width of the right-of-way and street pavement shall be developed

in accordance with the specifications set forth in these Regulations, or if proposed a ROW and street design that will not interfere on availability for utilities and safety of pedestrian and vehicular traffic.

2. The pavement thickness and material used shall be constructed in accordance with the improvement specifications set forth in the requirements for the design and construction of roads and streets in major subdivisions.

3. A Home Owners’ Association or other appropriate method is established to maintain the street system within residential uses (See Appendix V).

Section 4.81 Public Streets

See Section 4.1 for public street detail.

Section 4.82 Design Standards

1. Drainage Systems - Storm drainage systems and Storm Water Pollution Prevention, including but not limited to catch basins, pipes, retention/detention ponds, control structures etc. shall be designed and constructed per the Article 6, and appurtenant sections of this section of these Regulations.

The storm drainage system, unless otherwise agreed upon by the Planner, shall be owned and maintained by the owner of the development, homeowners association, or condominium owners association. The owner/developer is responsible to maintain the storm drainage system in such a way as to not reduce the capacity of the system.

2. Landscaping - All developments shall conform to the buffering requirements according to Section 4.65. Plans shall be submitted for approval with the Construction Drawings.

3. Development Standards - The following design parameters shall apply to all condominium, multi-family or commercial development. The purpose of these


design criteria is to assure the buyers of the units/lots are not receiving an inferior product, which will lessen the value of the project over time.

a. Sidewalk Standards - Within all Condominium, Multi-family, and Commercial development, sidewalks shall be constructed in accordance with Section 4.42 of the Development Regulations and shall be ADA compliant. Sidewalks shall be provide along the perimeter of the lot along all public and private roads as specified in Section 4.42, and provide for connections to the interior pedestrian system. It shall be noted that connections to the interior pedestrian system that require access through parking areas shall require the separation of the pedestrian corridors in the parking areas from the parking stalls by landscaped islands. Additionally, appropriate striping of the pavement where the sidewalk crosses the traffic isles shall be required. Where sidewalks are proposed adjacent to parking stalls there shall be provided a physical barrier (curb or concrete wheel stop) to prevent vehicles from parking upon the sidewalk. Additionally, there shall be a minimum of four feet from the back edge of the curb or wheel stop to the edge of the sidewalk to allow for vehicular overhang. This 4 foot area may be landscaped or grass.

b. Driveway Composition - The entrance drives within the Village right-of-way shall be constructed from the existing edge of pavement to the right-of-way line. Once the driveway is on private property the Developer may lessen the pavement composition, however shall not provide less than the following:

Item 448 – 1 ¼ ” Asphalt Concrete Surface Course Type 1, PG64-22

Item 448 – 1 ½ ” Asphalt Concrete Intermediate Course, Type 2, PG64-22

Item 304 – 6” Aggregate Base Item 204 – Subgrade Compaction

c. Major Access Driveway Design and Width - Each project shall contain a Major Access Drive designed to allow a continuous flow for emergency vehicles to access the development throughout. If the topography prohibits a loop design then a cul-de-sac shall be placed at the end of the roadway. The Major Access Drive shall be no less than 24 feet of asphalt surface if no curb and gutter is used or 28 feet of asphalt surface with curb and gutter. All turnout radii at intersections shall be a minimum of 35 feet. If a cul-de-sac is necessary then the outer radius shall be no less than 50 feet with an inner radius of 20 feet.

d. Minor Access Driveway Design - Minor Access Drives are defined as those drives serving more than 4 units and are not part of the major access drive loop. The minimum width for a Minor Access Drive is 20 feet of asphalt surface if no curb and gutter is used or 24 feet if curb and gutter is used.


e. Driveway Design -Driveways are defined as those drives serving 4 units or less. These drives must have a minimum width of 16 feet.

f. Pavement Cross-Section - Inverted crowns are permitted within the development but must be designed to have a minimum profile grade slope of 1.50% with a cross section pavement slope of not less than 2.00%. Crowned roadways with curb and gutter shall have a minimum profile slope design of 1.00%. All drives shall have a maximum slope of 12%.

4. Traffic Study - The Developer shall supply the Planning Commission with a traffic study addressing the impact the development will have onto the roadways. The study shall address not only the new intersection but also the impacts incurred onto the next major existing intersections each direction from the development. The study shall also address site distance at the connection intersection for both through and turning traffic. The cost for these improvements shall be bore by the developer.

Chapter 5311 of the Ohio Revised Code provides for the recording of ownership of condominiums. Condominium ownership does not excuse compliance with this section and any applicable section of these Regulations.

Section 4.83 Water & Sewer

Water and sewer service shall be provided in accordance with these Regulations. Any development must meet the Ohio Environmental Protection Agency (OEPA) Regulations, Village of Johnstown Water & Wastewater Department Regulations, and/or the Licking County Health Department Regulations.

Section 4.84 Parking Spaces in AR District

All tracts having a zoning classification of AR-1 or AR-2 shall be provided with at least two off-street parking spaces for each apartment unit. The minimum area for each parking space shall be 200 square feet and the pavement surface shall be portland cement concrete or asphalt concrete.

Section 4.85 Drainage in AR Districts

All tracts having a zoning classification of AR-1 or AR-2 shall be located on a well drained site, properly graded to insure rapid drainage. All drainage for buildings and the site are subject to the provisions and conditions approved by the Village Engineer and Manager, so long as the same will not adversely affect adjacent property owners and/or premises owned by the Village and dedicated for public use, or any drainage facilities that are not to be dedicated to the Village for public use.


Section 4.86 Underground Telephone, Electric, and other Lines in AR Districts

All telephone, electrical and other distribution lines in tracts having a zoning classification of AR-1 or AR-2 and having private roadways, shall be installed in underground conduits. No overhead lines shall be permitted. All service, utility and fire hydrant placements shall be approved by the Village Engineer and Manager and shall comply with Village standards.

Section 4.87 Village May Require other Improvements

Other improvements not listed in Sections 4.8 inclusive, but deemed necessary by the Village for the protection of public health, safety or welfare, shall be installed by the developer of a tract.

Section 4.88 Deposit Required with Improvement Plan

A plot, grading and utility plan shall be submitted to the Manager reflecting all improvements as set forth in Sections 4.8, inclusive. The plans shall be approved by the Village Engineer and the Manager.

The owner or developer shall, prior to review of the plans and construction, deposit with the Village a sum of money as prescribed by the Manager to defray the cost of engineering and inspection services to be provided, and any expense incurred by the Village due to review of the plans and installation of the improvements. Should the amount of such deposit be insufficient to pay the cost thereof, the owner or developer shall immediately, upon demand, deposit such additional sums as are estimated by the Manager to be necessary. Upon satisfactory completion of the improvement any unexpended balance remaining from such deposits shall be refunded.

Section 4.89 Compliance Required to Obtain Building Permit or Occupancy Certificate

If any violation of, or noncompliance, with any of the provisions and stipulations as set forth in Sections 4.8 occurs, the Village shall withhold the issuance of the building permit and/or occupancy certificate until the violation or noncompliance is corrected.

Section 4.810 Service Roads

(a) Service Roads Authorized. When it is determined by the Village Engineer that the roadways provided in the Subdivision Regulations are not satisfactory for the needs of special circumstances; additional roadways, designated "service roads", may be prescribed by the Village Engineer. These service roads shall be shown on the plat of a subdivision in such locations as are determined by the Village Engineer, subject to plat approval, as provided by the Subdivision Regulations.


(b) Service Road Right of Way. When it is determined that service roads may be included in a subdivision plat, the right-of-way for the road shall be no less than thirty-two feet in width and shall be dedicated to public use in the same manner as prescribed in the Subdivision Regulations for all other public roads.

(c) Service Road Specifications. Service roads shall be constructed of materials and to design section as shown on the revised standard construction of materials, drawing File R-23A as presently constituted and as hereafter amended on file with the Village Engineer and Manager.

Section 4.811 Street Lighting

The Manager shall cause specifications for street lighting to be prepared and designed in accordance with the standards set forth in Sections 4.8

Section 4.812 Design and Layout

The design and layout for the street lighting, the underground wiring and other pertinent equipment to be used shall be designed by a registered professional engineer, licensed to practice engineering in the State of Ohio and approved by the Village Engineer.

(a) All energy lines leading to the light standard shall be underground in new redeveloped subdivisions.

(b) All street lighting designs are to be coordinated with the supplier of electric energy. Two drawings for each street lighting layout shall be submitted to the supplier of electric energy for record purposes.

(c) Street lights are to be installed with not less than 160 feet spacing nor more than 240 feet spacing.

(d) The drawings are specification sheets for street light standards, luminaries, mercury vapor lamps and pedestal termination points and will be available at the Manager’s office.

(e) All connections to supplier of electric energy secondary service locations shall be made by supplier.

Section 4.813 Lights to be Installed

Any person, firm or corporation desiring final acceptance of a street, shall, before final acceptance is granted, have the street lights installed and ready for use.


Section 4.814 Maintenance of Lighting is Responsibility of Home Owners Association

It shall be the responsibility of the Village to secure the energy for lighting and to maintain the installations.

Section 4.815 Damages to Distribution System

Any contractor or agent for the developer, while in the process of installing street lights, who damages the distribution system of an electric energy supplier shall be liable for such damages and for any other cost as a result of such damages, and the energy supplier may charge and receive payment for such damages from the party responsible.

Section 4.816 Completion Bond Required

If conditions are such that street lights cannot be installed prior to the acceptance of the streets upon which the street lights are to be installed as required in Section 4.813, the person, firm or corporation requesting acceptance of such streets shall deposit with the Director of Finance an amount of cash or a performance bond in form satisfactory to the Law Director, equal to one and one-half times the estimated cost of the installation of street lights as security for the installation of such lights, which installation shall be completed within six months of the date of deposit of such funds or bond. Failure on the part of such person, firm or corporation to complete the installation within six months shall be cause for the Manager to order installation by such other contractor as he may choose and cause the cost of installation to be paid from the funds or bonds so deposited. That portion of such funds not used for the installation shall be returned to the depositor at the completion and acceptance by the Village of the street lighting installation.

Section 4.817 Easement for Energy Lines to Light Standards

The developer shall provide the necessary easements for street lighting. The Village Engineer will coordinate with the developer, where necessary, the easement leading to the electric lighting standard so that lighting may be properly spaced.

Section 4.9 Landscaping

1. Reasonable landscaping should be provided at subdivision and site entrances, in public areas, and adjacent to buildings. The type and amount of landscaping required shall be allowed to vary with the type of development. Landscaping improvements shall not be constructed in the right-of-way, either existing or to be dedicated.

2. The plant or other landscaping material that best serves the intended function shall be selected. Landscaping materials shall be appropriate for the local environment,


soil conditions, availability of water, and should not cause interference with any above or belowground utilities, or safe sight distance visibility.

Section 4.90 Street Frontage Trees

1. Street frontage trees shall be included in all developments that are served by centralized water and sewer systems to provide shade along roads; enhance the natural beauty of the landscape and support property values. Developers/subdividers of Major Subdivisions shall plant street frontage trees as required herein. For every 50 feet of lot frontage, one large tree (minimum 2 ½ caliper) shall be planted by the developer/subdivider. The appropriate time for planting trees is from March 1 to May 31 and from September 1 to December 1.

2. Trees shall be dedicated to the property owner of the lot upon which such tree is located. Trees shall be planted according to a Landscape and Street Tree Plan that is submitted as required herein. Street frontage trees shall not be planted closer than 20 feet to a residential driveway, 10 feet to a fire hydrant, 25 feet to an overhead utility pole or overhead line.

3. Final Plats shall include language stating the following:

That persons owning property on which a street frontage tree is located as required to prune or cause to pruned such trees in such a manner that the trees will not obstruct or shade street lights, obstruct the passage of pedestrians on sidewalks, obstruct vision of traffic signs, obstruct view of any street intersection or generally obstruct vehicular traffic.

4. The Village Planning Commission shall maintain a list of acceptable street frontage tree plantings (See Appendix XXXI) and recommended installation guidelines. The following trees are prohibited:

1. Acer negundo (Box Elder).2. Acer saccharinum (Silver Maple).3. Aesculus hippocastanum species (Horsechestnut).4. Ailanthus attissima (Tree of Heaven).5. Catalpa speciosa (Northern Catalpa).6. Ginkgo bilboa (Ginko - female).7. Maclura pomifera (Osage - orange).8. Morus species (Mulberry).9. Populus species (Poplar).10. Pyrus calleryana "Bradford" (Bradford Pear).11. Robinia pseudoacacia (Black Locust).12. Salix species (Willow).13. Ulmus amercana "Moline" (Moline American Elm).14. Ulmus pumila (Siberian Elm).


5. Proposed street frontage trees as required shall be shown on the Landscape and Street Tree Plan of the Preliminary Plan and Final Plat. The tree lawn and spacing shall meet the requirements of the Village Planning Commission. A design detail shall also be shown on the Preliminary Plan and Final Plat indicating the landscape design for the street frontage tree lawn, including species, planting location and planting instructions.

6. All Street Trees must be planted on the back side (side closest to structure) of the sidewalk.

Section 4.91 Street and Walkway Lighting

1. The subdivider shall install streetlight, with consultation provided by the local electric utility company, in each residential subdivision, which contains a majority of lots with an individual lot width of one hundred (100) feet or less at the front property line. Such lights shall be located at each street intersection and crosswalks within the subdivision and at other locations deemed necessary for safety purposes by the Planner. All walkways constructed in tracts having a zoning classification of AR-1, shall be illuminated. Potentially hazardous locations, such as steps or stepped ramps, shall be individually illuminated. Streetlights shall be designed, with appropriate lamps and reflectors, to minimize light pollution.

2. Fully shielded fixtures are technically or photometrically defined as lights that emit no light above the horizontal plane, but in practice such fixtures are usually easily recognizable from catalog drawings or pictures without requiring or interpreting photometric specifications. Such fixtures almost always have a flat, horizontally oriented lens and opaque (usually metal) sides. They are often described as "shoe box" luminaries if the luminary has a predominantly rectangular form, but they come in many shapes and sizes.



ARTICLE 5: RULES AND REQUIREMENTS FOR CONSTRUCTION OF IMPROVEMENTS

Section 5.0: Title

This Article shall be cited as the Village of Johnstown Rules and Requirement for Construction of Improvements. This Article and the regulations herein shall also be incorporated into and be hereinafter know as Article 5: RULES AND REQUIREMENTS FOR CONSTRUCTION OF IMPROVEMENTS of the Development Regulations.

Section 5.00 Statutory Authorization; Delegation

This Article is adopted by the Village Council in accordance with and pursuant to the legal grant of authority of the Ohio Revised Code, Section 711.101, to adopt rules regarding the construction of improvements. The Village Planner (Planner) and its staff, is herein delegated the authority on behalf of the Village Council to administer and enforce the provisions of this Article, with technical assistance from the Village Engineer (VE). And pursuant to the authority of Chapter 711 of the Ohio Revised Code, is Article 5 is being adopted and incorporated in the Village of Johnstown Development Regulations as it pertains to the subdivision/development of land in Village of Johnstown.

Section 5.01 Purpose

This Article is adopted for the purpose of setting standards and requiring and securing improvements shown on plat and plans required by section 711.10 of the Ohio Revised Code and will promote and maintain the health, safety and general well being of all life and inhabitants with Village of Johnstown.

Section 5.02 Scope

This Article shall apply to all proposed subdivisions/developments within the jurisdiction of the Development Regulations unless otherwise excluded within this Article or unless expressly excluded by law.

Section 5.03 Disclaimer of Liability

Neither submission of a plan under provisions of this Article nor compliance with provisions of this Article shall relieve any person from responsibility for damage to any person or property otherwise imposed by law, nor impose any liability upon Village of Johnstown for damage to any person or property.


Section 5.04 Requirements

No proposed subdivision/development shall be approved, except in compliance with the standards and criteria set forth in this Article. The owner/developer shall comply with any and all State and Federal regulations and must obtain any required State and Federal permits.

Section 5.1 Guarantee for Installation of Improvements

All improvements required herein shall be constructed prior to the granting of the Final Plat approval by the Planner; or the owner/developer shall furnish the Village Council with a performance bond or other acceptable guarantee as more fully described in Article 7 of the Development Regulations. The owner of land who desires to subdivide it shall provide and pay the entire cost of improvements to such land as follows:

1. Before the construction of any building, street improvements shall consist of grading the right of way for full width; construction of permanent curbing and roadway and construction of drainage structures and appurtenances. Two roof drain openings shall be provided in the curb for each lot;

2. Sanitary sewers, including manholes and pump stations, services and all appurtenances;

3 Water distribution system, including mains, services, valves, fire hydrants, elevated storage tanks and all appurtenances;

4. Sidewalks on both sides of a street in any subdivision, plus curbs and sidewalks on existing streets if feasible;

5. Storm sewers, including manholes, inlets and all appurtenances; 6. Driveways paved with concrete or asphalt.

Section 5.10 Construction Procedure and Materials

The owner/developer shall design and construct improvements not less than the standards outlined in the Development Regulations. The minimum requirements for materials shall be in accordance with the standards of the current volume of “Construction and Material Specifications” of the City of Columbus (CMS), the State of Ohio Department of Transportation (ODOT), the current requirements of the Ohio Department of Health (ODH) and Ohio Environmental Protection Agency (OEPA), and the current standards in the Ohio Department of Natural Resources’ (ODNR) Rainwater and Land Development Manual, as amended from time to time. All required improvements shall be inspected in accordance with of the Development Regulations.

Section 5.11 Monuments, Markers, and Pins

Permanent markers shall be set according to the provisions of Section 711.03 of the Ohio Revised Code. The owner/developer shall direct the surveyor to place and set at least


four permanent markers tied to Licking County Monumentation in each plat of ten lots or less and in plats having more than ten lots as many additional markers as the surveyor deems necessary to properly control his original survey. The surveyor shall place additional permanent markers in accordance with Section 711.03 of the Ohio Revised Code, or with the approval of the VE. At least one permanent benchmark or control point tied to the Licking County Monumentation (GIS Coordinates) must be placed in the area of the floodplain. The control point must be in State Plane Coordinates.

Section 5.2 Streets, Roadways

Inspection by the Village Engineer shall be required of all street improvements after the surface of the sub-grade has been prepared, shaped, and compacted to the approximate cross section grade, but before any pavement, base, or sub-base material is placed thereon. When the owner/developer or contractor receives notice of inspection approval, then the application of the base course may occur, provided that such application is inspected by the VE while it is being accomplished.

Streets shall be graded, surfaced, and improved to the profiles and dimensions shown on plans, profiles, and cross sections submitted by the owner/developer and approved by the VE. There shall be a roadway crown of 3/16 of an inch per foot from the centerline of the road to the shoulder. There shall be a shoulder slope of one inch per foot of shoulder.

Section 5.20 Pavement Design for All Roadways

Owner/developers may choose among alternative pavement design for streets in accordance with the following guidelines. The construction materials referred to herein are described in the Construction and Materials Specification Handbook, published by the Ohio Department of Transportation (ODOT), which describes proscribes both composition and construction methods to be used for each material. The design concept is based upon the publication Pavement Design Guide for Streets and Parking, distributed by the Ohio Aggregates Association and Flexible Pavements, Inc.

The use of the ODOT design procedure provides a structural number (SN) for a pavement structure that is sufficient to carry the anticipated traffic for the soil type found at the construction site. Coefficients for paving materials, along with various combinations of materials and thickness, will yield different designs, which satisfy the SN requirement. The owner/developer can then compare an alternate designs to determine the most economical to construct.

Section 5.21 Street Name Signs, Traffic Signs, and Street Naming

All necessary street name signs, traffic control devices, signs and pavement markings shall be shown in the “Final Construction Plans”. The street name signs shall be installed prior to the opening of any street to traffic. Street name signs, and all required traffic signs (including but not limited to: STOP, SPEED LIMIT, STOP AHEAD), shall be


erected by the owner/developer its sole cost and expense. Signs shall meet standards set forth within the Ohio Manual of Uniform Traffic Control Devices (OMUTCD). With prior written approval from the Village, the owner/developer may have signs erected by the Village, however, the total cost will be charged to the owner/developer. To avoid duplication and confusion, the developer/owner shall obtain written approval from the Planner and Village Engineer staff of the proposed names of all streets prior to such names being assigned or used. Once platted, the approved shall be used as the official street names. See Section 4.31 of the Village Development Regulations.

Temporary Street Signs shall be posted during construction of the site that allows for passable traffic once the street base has been established. Temporary street name signs shall consist of lettering on a contrasting background and shall be posted at least four feet off the ground and visible from all directions on the street. Temporary street signs shall be erected at all intersections with existing and new streets and shall be maintained until replaced with the approved permanent street signs.

Section 5.3 Water Supply

Section 5.30 Public Water Supply

The following requirements shall govern water supply improvements:

1. Public Water Supply : Public water supply shall be provided, the proposed subdivision/development shall not be approved until such time as the owner/developer have submitted and the appropriate authority has subdivision/development will be provided with an approved complete water distribution system. The water distribution system shall include a connection for each lot to the system and appropriately spaced fire hydrants the requirement of which are more fully set forth in Section 5.31 of the Development Regulations.

Section 5.31 Fire Protection

Fire hydrants with 2-½ inch threaded outlets and one large diameter Storz connection shall be provided by the owner/developer in all subdivisions/developments with public water supplies. The hydrants should be located between property lines and curbs with all outlets facing or parallel to the street. Hydrants shall be placed at the corners of all blocks and at mid-block with distance between hydrants not to exceed 500 feet and at a minimum. Hydrants shall also be required at the entrance and end of all cul-de-sacs. Where a water and sewer district has authority over the public water supplies, the owner/developer shall comply with the water and sewer district’s regulations for fire hydrants and shall obtain prior approval from that district.

The type of hydrant, size of Storz connection, and control valves as well as the location of the hydrant shall be approved by the fire department having jurisdiction. The minimum size of any waterline serving any single hydrant shall not be less than six (6) inches in diameter and shall be a looped water line. If the same line serves two or more


hydrants, the diameter of the line must be increased to eight (8) inches. No fire hydrant shall be more then 400 feet from the furthest point of the first floor.

Where public water systems are not available and where a natural pond is available or where a retention or detention pond is being proposed, the owner/developer shall construct a Dry or Draughting Hydrants if requested by the fire department having jurisdiction. These hydrants will be designed as set forth by the National Fire Protection Association (NFPA). The specifications, available from the Planner, are detailed in the publication Planning for Water Supply and Distribution, developed by the National Wild land/ Urban Interference Initiative.

Section 5.4 Sanitary Sewer Improvements

Section 5.40 Public Sanitary Sewer System

Where an adequate public sanitary sewer system is reasonably accessible and is served by a treatment plant with sufficient capacity, in the determination of the Planner, a public sanitary sewer system shall be installed to adequately serve all lots within the subdivision/development and shall include lateral connections to the public system. Public sanitary sewer system extensions shall meet the requirements of OEPA, VJWWSD and/or other authority, which would own and operate the system. Combinations or interconnection of sanitary sewers and storm sewers shall be strictly prohibited.


Section 5.5 Drainage Improvements

The owner/developer shall design and construct all necessary facilities including underground pipes, inlets, catch basins, and/or open drainage ditches, as required by Articles 4 and 6, of the Development Regulations to provide for the adequate disposal of surface and/or subsurface water and maintenance of natural drainage courses.

Section 5.50 Culverts and Bridges

Where natural or man-made drainage channels intersect any street right-of-way, it shall be the responsibility of the owner/developer to have bridges and/or culverts designed, approved, and constructed. Where culverts are required, minimum requirements shall be observed as follows: all roadway conveyances shall be approved by the VE and designed to handle a minimum of a 100-year storm. For flood routing purposes, a variance may be granted allowing a road to be overtopped by the 100-year flood to an elevation not to exceed 2 inches.

Residential driveway culverts shall have a minimum length of 30 feet, and a minimum diameter of 12 inches. The driveway culvert shall be laid so as to maintain the flow lines of the ditch or gutter, and shall be non-crushable or have adequate headwalls installed. All subdivisions/developments shall have a minimum culvert size for all driveways crossing any drainage ditches according to the calculations of Article 6 of the Development Regulations. The owner/developer shall be required to include these minimum culvert sizes in the deed restrictions for the subdivision/development.

Section 5.6 Over-Size and Off-Site Improvements

At the request of other governmental agencies, public sanitary sewer systems, public water systems, or other public improvements. The utilities, pavements, and other land improvements required for the proposed subdivision/development shall be designed over-sized and/or with extensions provided to serve adjacent developable land which is, or may become, an integral part of the adjacent service or drainage area as determined by the Planner, VE, VJWWSD, and any public utility provider.

Section 5.60 Cost of Over-Size Improvements

The owner/developer shall be required to pay for only that part of the design, approval and construction costs for the, sewers, water lines, and other required improvements that will serve the proposed subdivision/development as determined by Planner, VE, VJWWSD or other applicable entity. The apportionment of the cost of the required improvements for the proposed subdivision/development and those improvements required to serve the adjacent service areas are specified in Section 5.6.


Section 5.61 Off-Site Extensions

If streets, utilities, or other required improvements are not available at the boundary of a proposed subdivision/development, and if the Planner finds that extension across undeveloped areas would not be warranted as a special assessment to the intervening properties or as a Village expense until some future time, the owner/developer may be required, prior to approval of the Final Plat, to provide necessary easements or rights-of-way and construct and pay for such extensions. Such improvements shall be available for later connection by any owner/developer of the adjoining land after their development is approved through the major subdivision/development process.

Section 5.7 Inspections; Enforcement

1. All construction work and materials used in connection with public improvements in the area platted shall conform to requirements of the Village Engineer and Village specifications and be installed under their supervision. The construction of all improvements shall be inspected by the Village Engineer at the time of installation. Under no circumstances are such installations to be made without an inspector on the job. The Village Engineer and Manager shall be notified three days before any construction work is begun.

2. All inspections of the required improvements of this Article shall be done in accordance with the Development Regulations.

2. If it is determined that a violation of this Article 5 of the Development Regulations exists, the owner/developer will be notified of the deficiencies or noncompliance. After a reasonable time for voluntary compliance, the inspector or inspecting agency shall report the deficiency or noncompliance to the Planner. The Planner upon determination that a development does not comply with Article 5 of the Development Regulations may pursue an enforcement action and impose penalties as outlined in Section 711.02 of the Ohio Revised Code against the owner/developer.


ARTICLE 6: URBAN SOIL & SEDIMENT POLLUTION CONTROL & STORMWATER MANAGEMENT


Section 6.0 Title

This Article shall be cited as the Village of Johnstown Urban Soil and Sediment Pollution Control & Storm Water Management Regulations. This Article and the regulations herein shall also be incorporated into and be hereinafter know as Article 6: URBAN SOIL & SEDIMENT POLLUTION CONTROL & STORMWATER MANAGEMENT of the Development Regulations.


This Article is adopted by the Village Council in accordance with and pursuant to the legal grant of authority of the Ohio Revised Code, Section 307.79, to adopt rules to abate soil erosion and water pollution sediment. The Village Planner (Planner) and its staff, is herein delegated the authority on behalf of the Village Council to administer and enforce the provisions of this Article, with technical assistance from the Licking County Soil and Water Conservation District (LCSWCD) and the Village Engineer’s Office (VE). And pursuant to the authority of Chapter 711 of the Ohio Revised Code, is Article 6 is being adopted and incorporated in the Village of Johnstown Development Regulations as it pertains to the subdivision/development of land in Village of Johnstown.


This Article is adopted for the purpose of controlling the pollution of public waters by sediment from accelerated soil erosion and accelerated storm water runoff caused by earth-disturbing activities and land use changes connected with developing urban areas. Control of such pollution will promote and maintain the health, safety and general well being of all life and inhabitants with Village of Johnstown.

Section 6.02 Scope







Section 6.05 Exceptions for Public Improvements

No sediment control plan shall be required for public road, highway, other transportation, or drainage improvement, or maintenance thereof, undertaken by a government agency or entity if such agency or entity plans to follow a statement of sediment control policy. Government agencies are not exempt from a NPDES Phase II permit, O.E.P.A. permits, or any other permits from appropriate authorities.

Section 6.06 Standards and Criteria

In addition to compliance with any and all State and Federal regulations, strict compliance with the following standards and criteria shall be required of in all proposed subdivisions/developments:

1. All base mapping and topographic information shall be prepared from field survey methods or other approved sources of information. This information shall be used for design of infrastructure. Use of Licking County GIS Topographic information is prohibited.

2. Sheet and Rill Erosion - To control pollution of public waters by soil sediment from accelerated sheet and rill erosion on development areas, the owner/developer shall:

a. Apply and maintain a level of conservation practices that will minimize any on and off site erosion. Follow standards and guidelines found in the handbook, Rainwater and Land Development, and amendments thereto and any standards and criteria recommended by the LCSWCD.

b. Other methods to control sediment pollution may be used provided these methods are acceptable to the Planner, VE, LCSWCD, and the Ohio Environmental Protection Agency (OEPA).

c. Assume full build-out of all upstream areas at the highest housing density allowed by the Village.

2. Concentrated Water Erosion - To control pollution of public waters by soil sediment from accelerated erosion in drainage ways and


grassed waterways and in streams and ditches disturbed or modified in conjunction with the development process, the owner/developer shall:

a. Design, construct, and maintain concentrated water flow

channels such that the velocity of flow does not exceed the permissible velocities listed in the Table of Permissible Velocities for Flowing Water; or, (See Table 12 below and Appendix XXIV of the Development Regulations)

b. Design, construct, and maintain sediment basins sized in accordance with the handbook, Rainwater and Land Development and any amendments thereto and any recommendations, standards, and criteria of the LCSWCD, or

c. Other methods to control concentrated water erosion may be used if acceptable to the Planner, VE, and the LCSWCD.

3. Sloughing, Land sliding, and Dumping - To control sediment pollution of public waters caused by sloughing, land sliding, and dumping of earth material, or placing of earth material into such proximity that it may readily slough, slide, or erode into public waters by natural forces. Any existing areas susceptible to sloughing or land sliding shall be stabilized and/or repaired, and no owner/developer shall:

a. Dump or place earth material into public waters or into such proximity that it may readily slough, slide, or erode into public waters unless such dumping or placing is authorized by the Planner for such purposes as, but not limited to, constructing bridges, culverts, erosion control structures and other in-stream or channel bank improvement works; or,

b. Grade, excavate, fill, or impose a load upon any soil or slope known to be prone to slipping or land sliding, thereby causing it to become unstable, unless qualified engineering assistance has been employed to explore the stability problems and make recommendations to correct, eliminate, or adequately address the problems. Grading, excavating, filling, or construction shall commence only after the Planner, VE, and LCSWCD has reviewed and approved such activities in accordance with the approved recommendations.


4. Stream Channel Erosion, Flood Plain Erosion , and Storm Water Management- To control pollution of public waters by soil sediment from accelerated stream channel erosion and to control flood plain erosion caused by accelerated storm water runoff and to minimize flooding from development areas, the developer/owner shall control the increased peak rates and volumes of runoff such that:

a. The peak rate of runoff from the critical storm and all more frequent storms occurring on the development area does not exceed the peak rate of runoff from a one-year frequency, 24-hour storm occurring on the same area under pre-development conditions.

b. Storms of less frequent occurrence (longer return periods) than the critical storm up to the 100-year storm have peak runoff rates no longer than the peak runoff rates from equivalent size storms under pre-development conditions. Consideration of the 1, 2, 5, 10, 25, 50, and 100 year storm will be considered adequate to designing and developing to meet this standard. (See Table 11 & Appendix XXI of the Development Regulations).

c. The values set forth in Table 11: 24-Hour Critical Storm shall be utilized:

Table 11: 24-Hour Critical Storm

If the percentage of increase in runoff is: The critical storm for discharge

limitation will be:Equal to or And Less Than:- 10 1 year10 20 2 years20 50 5 years50 100 10 years100 250 25 years250 500 50 years500 - 100 years

d. The critical storm for a specific development area is determined as follows: Determine by appropriate hydrologic methods the total volume of runoff from a one-year frequency, 24-hour storm occurring on the development area before and after development (see Table 11). Using this total volume of runoff), determine the percent increase in volume of runoff


due to development and using this percentage, select the 24-hour critical storm from this table (see Table 11).

e. The “Peak Discharge Method” of calculating peak rate and total volume of runoff as described in the Natural Resources Conservation Service’s Urban Hydrology for Small Watersheds, Technical Release #55, is well suited to provide the information necessary to comply with this standard. Technical Release #55 is available from the Natural Resources Conservation Service. Methods for controlling increases in storm water runoff peaks and volumes may include, but are not limited to:

1) Retarding flow velocities by increasing friction, for example, grassed road ditches rather than paved street gutters where practical (low density development areas, access roads, etc.); discharging roof water to vegetated areas; or grass and rock lined drainage channels.

2) Grading and construction of terraces and diversions to slow runoff and use of grade control structures to provide a level of control in flow paths and stream gradients.

3) Inducted infiltration of increased storm water runoff into the soil where practical, for example, constructing special infiltration areas where soils are suitable; retaining topsoil for all areas to be re-vegetated; or providing good infiltration areas with proper emergency overflow facilities.

4) Provisions for detention and retention, for example, permanent ponds and lakes with storm water basins provided with proper drainage; multiple use areas for storm water detention and recreation, wildlife, transportation, fire protection, or aesthetics; or subsurface storage areas. Any designed pond shall be a retention pond.

5. Off-Site Abatement Control Facilities: Any and all exceptions to requiring permanent control of accelerated runoff and/or soil loss on the development site in all cases shall be considered and approved by the Planner provided the owner/developer can definitively establish that:

a) Performance objectives and standards of this Article for runoff control and sediment abatement can be best achieved by installations of off-site abatement control facilities.

b) Accelerated and/or sediment runoff from the development site can be conveyed to off-site abatement control facilities in a manner, which satisfies or surpasses performance objectives of this Article.


6. Drainage Field Ditches: Owner/developer may utilize drainage field ditches, provided they are shallow graded ditches with flat side slopes, which do not interfere with tillage operations, having side slopes that shall not exceed a range from 8:1 to 15:1, and maximum velocities that shall be limited to 2.5 feet/second unless on-site studies show that higher velocities will not result in erosive conditions. The purpose of developer/owner’s use of drainage field ditches shall be limited to collecting water from depressional or nearly flat areas within a field and remove it to a stable outlet.

7. Maximum Velocities for Stream Channels

a) Drainage Areas Less Than One Square Mile. The maximum permissible design velocity shall be based on site conditions and shall be such as to result in stability of the ditch bottoms and side slopes. Maximum permissible velocities will be computed using bank-full stage or ten-year frequency stage whichever is lower. Table 12 below sets forth the maximum velocity for all drainage main or lateral design in sub critical flow. Vegetation will be established immediately after construction.

b) Drainage Areas Greater Than One Square Mile Channel velocities for newly constructed channels with drainage areas in excess of one square mile shall meet special stability requirements contained in Natural Resources Conservation Service, Technical Release 25, Planning and Design of Open Channels.

c) Any design exceeding the permissible velocities set forth in Table 12 or having a critical flow shall be designed using rock or other suitable erosion resistant material.

Table 12: Maximum Velocities

SUBSOIL TEXTURE PERMISSIBLE VELOCITY4

(Ft. Per Second)Sand and Sandy Loam (non-colloidal)

Silt Loam (also high lime clay)Sandy Clay Loam

Clay LoamStiff Clay, Fine Gravel, and Graded Loam to Gravel

Graded Silt to Cobbles (colloidal)Shale, Hardpan, Coarse Gravel

2.53.03.54.04.04.04.0

8. Ownership and Maintenance of Drainage Facilities


a) The owner and/or developer of the proposed subdivision/development shall follow the maintenance procedure outlined in Chapter 6137 of the Ohio Revised Code.

b) The location, construction, ownership and maintenance of the detention or retention facility, whether public or private, shall be approved prior to applying for the final subdivision plat and the acceptance of the application by the Planner. Chapter 6131 of the Ohio Revised Code outlines the permitted method of providing maintenance.

c) The owner/developer shall petition the Village Council for maintenance of the storm water management system and facilities of the proposed development.

d) Prior to the final approval of the subdivision/development, the Village Council will not sign the plat until the petition for maintenance has been filed and approved. As-Built plans must be certified by a Professional Engineer or Professional Surveyor and must accompany the petition for maintenance. An outline of the procedure for this petition process is contained in the Appendix VIII of the Development Regulations supplement to these standards.

9. Any retention ponds shall be designed to Natural Resource Conservation Service (NRCS) and State of Ohio specifications for dams and ponds.

10. Guarantees for Completion of Work - All required improvement guarantees shall be in accordance with Article 7 of the Development Regulations.

Section 6.1 Site Development Planning Procedures

Section 6.10 Required Information:

Any person seeking approval of a subdivision/development shall:

1. Provide mapped information about the location and vicinity of proposed development site.

2. Furnish three types of information and maps (as are more specifically defined in Section 6.11) about the proposed development site:

a. An existing characteristics inventory;


b. A predevelopment conditions assessment; and,

c. A development plan evaluation.

3. Request an optional pre-submission conference and development site inspection from Planner, VE and LCSWCD to gain assistance in submitting the required site planning information.

4. Provide four (4) copies of the above-required information.

Section 6.11 Information Content Requirement

1. Information Requirements- all mappable information requirements, with the exception of the location and vicinity map, shall be rendered on topographic base maps at a scale of no less than 100 feet to one inch, which depicts:

a. The proposed development site and the adjacent area within 100 feet of its border.

b. The relief of the site in a maximum of two-foot intervals unless one-foot intervals are required by LCSWCD or the VE Office.

c. Any natural watercourses and existing man-made improvements such as transportation thoroughfares, public utilities, transmission lines, landmarks, as well as any existing structures.

d. Off-site areas susceptible to sediment deposits or to erosion caused by accelerated runoff.

e. Off-site areas affecting potential accelerated runoff and erosion control.

f. Development impacts on upstream drainage areas.

2. Location and Vicinity

a. This mapped information is required to show the proposed development site in relation to its general surroundings.

b. The location and vicinity map shall:

1) Display the proposed development site and the surrounding area within one mile from its borders.


2) U. S. Geological Survey (USGS) topographic base map (2,000 scale / one inch=2,000 feet) or other acceptable topographic data.

3) Indicate any areas adjacent to the development site which are obviously susceptible or which noticeably contribute to on-site potentials for flooding, erosion and sedimentation.

4) Indicate the general direction of surface drainage around the proposed development site and show delineation of the 100-year floodplain for any watercourses, which pass through or are adjacent to the proposed development site.

3. Existing Characteristics Inventory

a. Mapped information is required in the inventory, which is necessary for assessment of redevelopment site conditions; and later serves as the basis for site plan evaluation.

b. The inventory map shall:

1) Display information about the names, textures, percent slope, and erodability of surface soils on the proposed development site according to series symbols and descriptions provided within county soil surveys prepared by and available from the U. S. Department of Agriculture. Also, the hydrologic group to which each soil series belongs may be identified from the Natural Resources Conservation Service (NRCS) technical release Urban Hydrology for Small Watersheds, Technical Release 55 and indicated in the map legend.

2) Depict all major and minor watercourses, inclusive of streams, creeks, rivers and tributaries, and indicate the general directions of flow and the 100-year floodplain where applicable with in the development site. Any bodies of water, inclusive of lakes, ponds, marshes and reservoirs shall also be shown. Streams shall include intermittent, perennial, ephemeral, and any drainage ways.

4. Predevelopment Conditions Assessment

a. The assessment requires quantifying the inventory map information by site subdrainage areas in order to determine and display the volume and rate of runoff and gross soil loss from the proposed development site, and shall be prepared according to methods prescribed in the NRCS text cited in Section 6.07 of this Article or others, which yield equivalent information about rates and volumes of site surface


drainage runoff and soil loss potentials. Information from the assessment is used to evaluate impacts expected to result during and from development of a proposed plan.

b. The development site assessment shall:

1. Show delineation and sequence of subdrainage units, which comprise the area proposed for development.

2. Indicate the hydraulic length of slope per individual subdrainage unit and the length of the natural or man-made watercourse, which accommodates the surface runoff from each.

3. Indicate within the legend the average percent slope, and runoff curve number (CN) per individual subdrainage unit.

4. Be accompanied by a hydrograph and all calculations pertinent to assessing site surface water runoff.

5. Development Plan Evaluation

a. The evaluation of the proposed site development plan is to provide mapped and tabularized information about the changes in rates and volumes of runoff which are expected to result from its implementation and shall be prepared according to methods prescribed in the NRCS text cited in Section 6.07 of this Article.

b. The development plan evaluation map shall:

1) Depict all permanently proposed structural improvements and installations to be made on the development site, inclusive of buildings, retaining walls, sidewalks, streets, parking lots, driveways and storm drainage impoundments, channels and outlets.

2) Indicate all proposed earth disturbance including:

a) Areas of excavation, grading, and filling.

b) The finished grade, stated in feet horizontal to feet vertical, of cut and fill slopes.

c) Kinds of utilities and proposed areas of installation.

d) Proposed paved and covered areas in square feet or to scale on a plan map.


e) Proposed kind of cover on areas not covered by buildings, structures, or pavement. Description shall be in such terms as: lawn, turf grass, shrubbery, trees, forest cover, riprap, mulch, etc.

3) Graphically differentiate the area to be developed from the area to be left undisturbed within the development site.

4) Be accompanied by a hydrograph for a 24-hour storm of the critical frequency to be controlled as determined according to Section 6.07 and all calculations made pertinent to evaluating the effects of the proposed development plan upon current runoff and erosion conditions of the development site.

6) Provide certification by the developer/owner that all earth disturbance, construction, and development will be done pursuant to the approved plan. This can be accomplished with a signature line for the owner/developer on the cover sheet of all plans.

Section 6.12 Submission, Review, and Approval/Disapproval & Appeal

1. Submission of required site development planning information required under Section 6.10 and 6.11 of this Article to the Planner by an owner/developer seeking approval of a proposed development and/or subdivision.

a. Completes the owner/developer’s responsibilities within the initial planning phase of the development review process.

b. Initiates proceedings by the Planner to determine whether changes are needed before it approves the proposed development, authorizing commencement of earth-disturbing activities.

2. The Planner, VE and LCSWCD shall review the site development planning information and inspect the proposed development site to:

a. Verify site plan assessment information furnished by the owner/developer and evaluate the proposed development in relation to existing site conditions.

b. Assess the adequacy of the proposed site grading and drainage development plan to control against on-site incidents of accelerated runoff, erosion, and sedimentation.


3. Review of the site plan and development impact assessment evaluation information shall be completed by the Planner, VE, and LCSWCD:

a. By the time that such information, along with the subdivision/development proposal, is officially accepted by the Planner at its regularly scheduled meeting.

b. Provided the owner/developer has submitted all information required by Section 6.10 and 6.11 of this Article along with the subdivision/development proposal to the Planner at least 30 days prior to a regularly scheduled meeting.

4. Upon completion of the site development plan and impact assessment evaluation, the Planner shall review the site development plan within the time period specified by Section 6.12, # 3 of this Article and shall either be:

a. Approve the site development plan as submitted by the owner/developer; or,

b. Disapprove the site development plan until required changes in the site development plan are made and a Runoff Control and Sediment Abatement Plan is prepared and submitted by the owner/developer to the Planner according to the provisions under Sections 6.13 and 6.14 of this Article and area reviewed and approved by Planner.

5. Action by the Planner approving or disapproving the site development plan is a final appealable order for purposes of judicial review.

Section 6.13 Abatement Control Plan Contents & Requirements

1. A Runoff Control and Sediment Abatement Plan shall identify how accelerated surface water runoff, increased erosion, and sediment deposition induced by site development are to be controlled to a level within the abatement standards of Sections 6.05 and 6.06 of this Article.

2. All proposed controls are to be designed in accordance with methods and techniques set forth in the texts cited above in this Article or others with the prior approval of the Planner.

3. A Runoff Control and Sediment Abatement Plan shall be compromised of, but not limited to, the following information:

a. A map rendered on the base prescribed by Section 6.11 #1 of this Article, which indicates the number, types, dimensions, and


locations of all runoff, erosion, or sediment control devices to be utilized either temporarily or permanently on a development site.

b. All pertinent computations made to arrive at the final dimensions of each control device. These shall be presented along with plan and section view drawings of the same rendered at an appropriate design scale to be agreed upon between the owner/developer and the Planner.

c. Schedules detailing the timing and maintenance of each control device.

4. Notwithstanding anything to the contrary in this Article, any owner/developer (1) shall submit its initial application (Section 6.13) together with the Preliminary Plan submissions required by Articles 3 and 4 of the Development Regulations and (2) shall submit its Runoff Control and Sediment Abatement Plan together with the Final Plat submissions required by Articles 3 and 4 of the Development Regulations.

5. Prior to the final approval of the subdivision/development, the Village Council will not sign the plat until this petition has been filed and approved. As-Built plans must be certified by a Professional Engineer or Professional Surveyor and must accompany the petition for maintenance. An outline of the procedure for this petition process is contained in the Appendix VIII of the Development Regulations supplement to these standards.

Section 6.14 Plan Submission, Review, Approval/Disapproval, Appeal.

1. Submission of a Runoff Control and Sediment Abatement Plan to the Planner completes all site development planning information and impact control planning responsibilities required of an owner/developer under provisions of this Article and initiates final site Development Plan approval proceedings under the Development Regulations.

2. Review of the Runoff Control and Sediment Abatement Plan required of the owner/developer shall:

a. Be made by the Planner, VE and LCSWCD, provided the owner/developer has prepared and submitted all necessary information according to Section 6.13 of this Article.


b. Be completed within a period of 35 days before the Preliminary Plan is approved or disapproved by the Planner at a regularly scheduled meeting.

3. The Planner shall, upon completing its review of the Runoff Control and Sediment Abatement Plan, either:

a. Approve the Runoff Control and Sediment Abatement Plan as submitted by the owner/developer provided it is in compliance with provisions of this Article and initial site plan review recommendations; or,

b. Disapprove the Runoff Control Sediment Abatement Plan until the owner/developer makes revisions, which comply with provisions of this Article. Revisions to a disapproved Runoff Control and Sediment Abatement Plan shall be prepared and submitted by an owner/developer to the Planner for review and approval according to the same procedures specified by provisions within the above paragraphs of this section.

4. Action by the Planner approving or disapproving a Runoff Control and Sediment Abatement Plan is a final order for purposes of judicial review.


3. All inspections of the required improvements of this Article shall be done in accordance with Article 3, Article 7, and Article 9 of the Development Regulations.

2. If it is determined that a violation of this Article 6 of the Development Regulations exists, the owner/developer will be notified of the deficiencies or noncompliance. After a reasonable time for voluntary compliance, the inspector or inspecting agency shall report the deficiency or noncompliance to the Planner. The Planner upon determination that a development does not comply with Article 6 of the Development Regulations may pursue an enforcement action and impose penalties as outlined in Section 307.79(D) through (F) of the Ohio Revised Code against the owner/developer.


ARTICLE 7: ASSURANCE FOR COMPLETION AND MAINTENANCE OF IMPROVEMENTS

Section 7.0: Title

This Article shall be cited as the Village of Johnstown Rules for Assurance for Completion and Maintenance of Improvements. This Article and the regulations herein shall also be incorporated into and be hereinafter know as Article 7: ASSURANCE FOR COMPLETION AND MAINTENANCE OF IMPROVEMENTS of the Development Regulations.


This Article is adopted by the Village Council in accordance with and pursuant to the legal grant of authority of the Ohio Revised Code, Section 711.101, to adopt rules regarding the construction of improvements. The Village Planner (Planner) and its staff, is herein delegated the authority on behalf of the Village Council to administer and enforce the provisions of this Article, with technical assistance from the Village Engineer (VE). And pursuant to the authority of Chapter 711 of the Ohio Revised Code, is Article 7 is being adopted and incorporated in the Village of Johnstown Development Regulations as it pertains to the subdivision/development of land in Village of Johnstown.


This Article is adopted for the purpose of setting standards and requiring and securing improvements shown on plat and plans required by section 711.10 of the Ohio Revised Code and will promote and maintain the health, safety and general well being of all life and inhabitants with Village of Johnstown.

Section 7.02 Scope







Section 7.1 Improvements; Guarantee

Section 7.10 Construction and Dedication of Improvements

Before the Final Plat is approved and endorsed by the PZC, the owner/developer shall construct and dedicate, in accordance with the Planner’s plan approval and to the satisfaction of the Village Engineer (VE), Village of Johnstown Soil and Water Conservation District (VJSWCD), and the Village of Johnstown Water and Wastewater Department (VJWWD), any and all the street, water supply, sanitary sewer, and any other improvements (herein collectively referred to as “improvements”) required by the Village of Johnstown Development Regulations and specified in the Final Plat. Additionally, the Village Council shall approve the PZC signed Final Plat prior to it being recorded by the Licking County Recorder.

Section 7.11 Guarantee of Improvements

The Planner, in its sole discretion, may waive the requirements that the owner/developer construct and dedicate all improvements prior to signing the Final Plat. As a condition precedent to Planner’s waiver, the owner/developer shall provide one of the following guarantees: Performance Bond, Certified Check, Escrow Account, or Letter of Credit (collectively referred to herein as “Guarantee”):

1. Prior to the commencement of any street or private roadway, the owner or developer shall provide a bond or irrevocable letter of credit, acceptable to the Village, or a cashiers check, in an amount not less than one hundred ten percent (110%) of the final construction cost for such street or private roadway. Such bond shall guarantee, and such letter of credit or cashiers check shall remain payable to the Village for the purpose of, completion of the such street or private roadway within one year from the date of commencement of construction or such time as may be agreed to by the Village Manager. In addition, a bond, cashiers check, or letter of credit in the amount of ten percent (10%) of the final construction cost shall be provided for a maintenance period of one year beginning with the date of acceptance of the street improvements by the Village.


2. In lieu of a bond for sanitary sewer and water main improvements, the Village may accept private agreements for sanitary sewer and water main construction and maintenance. Such agreements shall be executed on forms approved and supplied by the Village.

3. The owner or developer shall, prior to the commencement of review of plats or plans by the Village Engineer, or prior to the supervision of installation of improvements by the Village Engineer, deposit with the Village Clerk a sum of money as prescribed by the Manager to defray the cost of the engineering or inspection services to be provided, and any expense incurred by the Village due to the review of the plat and plans and installation of the improvements. Should the amount of such deposit be insufficient to pay the cost thereof, the owner or developer shall immediately, upon demand, deposit such additional sums as are estimated by the Manager to be necessary. The Manager shall not obligate the Village for payment of such engineering services prior to receipt of the funds to be deposited by the owner or developer. Further, the Manager shall have the authority to order that work be stopped on any review of plats or plans or upon the installation of improvements, for which such deposit has not been made. Upon completion and acceptance of any such improvement, any unexpended balance remaining from such deposits shall be refunded to the owner or developer who paid such deposit. The Clerk shall provide to Council on a monthly basis a tabulated recap by project of the deposited fund balances and outstanding deficiencies.

4. The subdivider shall hold the Village harmless from any claims for damages of every nature arising or growing out of the construction of such improvements, and shall defend, at his cost and expense, each suit or action brought against the Village by reason thereof, until the improvement has been accepted by the Village and the developer notified in writing. The subdivider shall furnish proof to the Village at the time of commencing construction of possession of personal injury liability insurance of not less than one hundred thousand dollars/three hundred thousand dollars ($100,000/$300,000) and property damage liability insurance of not less than one hundred thousand dollars ($100,000).


5. If any violations of, or noncompliance with, any of the provisions and stipulations of this chapter occurs, the Village shall have the right to stop the work without delay and hold the bonding company responsible for the completion of the improvement or use the cashiers check or letter of credit, or proceeds thereof, for such purpose.

6. Any Guarantee provided by owner/developer shall meet all of the following requirements:

a. The amount of the Guarantee provided by owner/developer shall be one hundred per cent (100%) of the estimated total construction cost of all improvements plus ten per cent (10%) of total construction costs for initial maintenance of all improvements which shall be determined by the VE, LCSWCD and LCWWD, any of whom may seek the advice and recommendations of other qualified individuals, based on estimates provided to them by the owner/developer, and as agreed upon by the Village Council.

b. The Guarantee shall clearly describe the subdivision/development and the required improvements for which it is being provided.

c. The Guarantee shall be issued to, made payable to, or for the sole benefit of the Village Council, Licking County, Ohio and shall be binding on the owner/developer, his/her heirs, its successors and assigns.

d. Sufficient documentation evidencing the Guarantee shall be provided to the Village Planner.

e. The owner/developer shall provide the Planner with a scheduled completion date for the improvements within the subdivision/development at the time the Guarantee is agreed upon.

f. The Guarantee shall remain in full force and effect for a one (1) month following the date of the completion, approved inspection or dedication of the improvements, whichever is later.

d. No Guarantee shall be released without the prior approval of the Village Council.

7. Specific types of Guarantees shall also meet the following requirements:

a. Performance Bond If a performance bond is provided by the owner/developer as a Guarantee, the bond shall be issued by and entity and under terms acceptable to the Village Council.


b. Certified Check : If a Certified Check is provided by the owner/developer as a Guarantee, the owner/developer shall execute an agreement that shall state the terms and conditions under which the funds from the Certified Check may be accessed if the owner/developer fails to satisfactorily complete the required improvements within the time limit as specified in herein.

Section 7.12 Extension of Time

The construction and dedication of all improvements for which a Guarantee has been provided by the owner/developer shall be completed within two years after the subdivision/development has received final approval.

If the owner/developer fails to satisfactorily complete such improvements by the scheduled completion date, the owner/developer shall show cause why the Guarantee should not be forfeited, enforced or executed. For good cause shown, the Planner may, in its sole discretion, grant an extension of not more than one year.

If the Planner grants an extension of up to one year, the total cost of the improvements shall be updated to accurately reflect the current costs which shall be determined by the VE, LCSWCD and LCWWD, any of whom may seek the advice and recommendations of other qualified individuals, based on estimates provided to them by the owner/developer, and as agreed upon by the Village Council.

If the current costs are more than the original costs, plus ten percent, then an additional Guarantee in the amount of any increased cost shall be provided to the Village Council.

If the improvements are not completed by the end of the extension period, the Village Council may request the County Prosecutor to initiate legal action to enforce compliance.

Section 7.13 Inspections

During construction of improvements, the Planner, VE, LCWWD and/or appropriate governmental entity or their respective designee (herein after “inspecting entity”) shall provide all inspections of improvements. The owner/developer shall provide advance written notice to the appropriate inspecting entity two business days prior to the date construction is to commence, the date any inspection or re-inspection is desired and the final inspection upon completion of improvements. All inspections shall be required according to the schedule in Appendix XIII.

The owner/developer shall be required to pay any and all costs associated with the inspections for any and all inspections during and after construction of the improvements. The owner/developer shall be billed for the full amount of any and all inspection services.


Section 7.14 Release or Reduction of Guarantee

1. The Village Council will not accept dedication of required improvements, nor release nor reduce any Guarantee, unless or until: receipt of a certificate from the applicable inspecting entity stating that all required improvements have been satisfactorily completed and receipt of a certificate from the applicable inspecting entity it has received and approved owner/developer’s “as-built” survey. The “as built” survey shall contain the location, dimensions, material, and other information required by the Development Regulations and any other applicable regulations and as required by the inspecting entity.

2. A final inspection of the subdivision/development shall be scheduled and conducted by the Planner, in conjunction with all other appropriate agencies and entities, including but not limited to the Village Zoning Inspector, to determine if all improvements on the site have been satisfactorily completed. If improvements are found to be incomplete or unsatisfactory to the Planner then the Guarantee shall not be reduced or released as requested.

3. The owner/developer shall provide a Title Opinion to the Village Council indicating that the improvements have been completed, and are recommended for dedication to the Village Council, the improvements and the real estate they are located are free and clear of any and all liens and encumbrances. Upon such approval and recommendation, the Village Council shall thereafter accept the improvements for dedication in accordance with the established procedure.

4. Guarantees may only be reduced or released upon actual dedication of public improvements. When a portion of the improvements has, upon inspection been determined to be satisfactorily completed, a reduction in the Guarantee may be authorized, provided, however, that such reduction shall not reduce the balance of the Guarantee below the current completion cost as of the date of reduction, and provided further that all other requirements of this Article have been properly executed.

Section 7.15 Maintenance of Improvements

The owner/developer shall be responsible for the maintenance of the improvements installed and for providing the services necessary to ensure access to completed portions of the subdivision/development for the full term of Guarantee. This maintenance of improvements shall include but not limited to winter maintenance items such as snow and ice control, erosion and sediment control measures, debris, and mud tracking onto the Village road system. (See Appendix VIII of the Development Regulations).


Section 7.16 Deferral or Waiver of Required Improvements

The Planner may defer or waive at the time of final approval, subject to appropriate conditions, the provision of any or all such improvements as, in the Commission’s judgment, are not requisite in the interests of the public health, safety, and general welfare, or which are inappropriate because of inadequacy or lack of connecting facilities.

Whenever it is deemed necessary by the Planner to defer the construction of any improvement required herein because of incompatible grades, future planning, inadequate or lack of connecting facilities, or for other reasons, the applicant shall pay his share of the costs of the future improvements to the Village Council prior to signing the final subdivision plat, or the owner/developer may post a bond or other guarantee insuring completion of said improvements upon demand of the Village Council.


1. All inspections required under this Article shall be done in accordance with the Development Regulations.

2. If it is determined that a violation of this Article 7 of the Development Regulations exists, the owner/developer will be notified of the deficiencies or noncompliance. After a reasonable time for voluntary compliance, the inspector or inspecting agency shall report the deficiency or noncompliance to the Planner. The Planner upon determination that a development does not comply with Article 7 of the Development Regulations may pursue an enforcement action and impose penalties as outlined in Section 711.02 of the Ohio Revised Code against the owner/developer.


ARTICLE 8 - VILLAGE OF JOHNSTOWN ACCESS MANAGEMENT PLAN

The relationship between transportation and land use is sometimes described in terms of an ongoing cycle of obsolescence. This is especially evident in areas undergoing rapid development. Many areas of Village of Johnstown are experiencing just this type of rapid urbanization. As development occurs, traffic continues to increase which drives up land values and spurs further development. More business development along the roadway brings more driveways, more conflicts and more congestion. Eventually traffic service levels drop so low that roadway improvements or completely new infrastructure becomes necessary. This requires the expenditure of scarce taxpayer dollars on expensive land acquisition, physical construction, and traffic maintenance. Then the increased accessibility provided by the improved/new roadway starts the cycle all over again. Factors considered for congestion prevention include functional classification, the appropriate local government’s adopted plan for the roadway, existing or potential land use of abutting properties, and existing level of access control.

Congestion prevention and access control measures offer great potential for slowing the cycle of functional obsolescence while maintaining acceptable and safe traffic operating conditions along arterial and collector streets. Inadequate controls may render a highway functionally obsolete well in advance of its design life and contribute to potential safety problems, congestion, and air quality problems. Another important aspect of access management is the large public tax savings that occur by slowing this unmanaged growth. In addition, it protects the property owner by ensuring safe access with less road congestion, which in turn maintains land values.

Section 8.0 Intent and Purpose

The intent of this article is to provide and manage access to land development, while preserving the regional flow of traffic in terms of safety, capacity, and speed. Major thoroughfares, including highways and other arterials, serve as the primary network for moving people and goods. These transportation corridors also provide access to businesses and homes and have served as the focus for commercial and residential development. If access systems are not properly designed, these thoroughfares will be unable to accommodate the access needs of continued development while retaining their primary transportation function. This article balances the right of reasonable access to private property with the right of the citizens of Village of Johnstown to safe and efficient travel, while significantly reducing the need to raise or divert additional tax dollars to cover road improvements.

To achieve this policy intent, state and local thoroughfares have been categorized by function and classified for access purposes based upon their level of importance, with highest priority on the Ohio Highway System and secondary priority on the primary network of regional and intra-regional arterials and collectors. Regulations have been applied to these thoroughfares for the purpose of reducing traffic accidents, personal injury, and property damage attributable to poorly designed access systems, and to thereby improve the safety, operation, and reduce the overall improvement cost of the


roadway network. In addition, these Regulations attempt to mitigate the congestion of existing roadways from continued growth in the Village and the increased air pollution caused by resulting traffic jams. This will protect the substantial public investment in the existing transportation system and reduce the need for expensive, remedial measures. These Regulations also further the orderly layout and use of land, protect community character, and conserve natural resources by promoting well-designed road and access systems that prevent congestion and discourage the unplanned subdivision of land.

Section 8.00 Applicability

This article shall apply to all arterials and collectors within Village of Johnstown as identified in Appendix XI and XII, and to all properties that abut these roadways. The capacity and classification of those streets not listed in Appendix XII will be evaluated in terms of the proposed development or lot split by the Planner, the Village Engineer, and, where applicable, the Ohio Department of Transportation.

Section 8.01 Definitions

See Article 2 Definitions

Section 8.1 Congestion Prevention System/Standards

Section 8.10 Classifications

All roadways in Village of Johnstown have been classified for congestion prevention and access management (see Appendix XI and XII). These classes are “Major Arterial,” “Minor Arterial,” “Major Collector,” Minor Collector,” and lower order. These Congestion Prevention requirements only apply to the first four roadway classes. Those roads not listed are considered lower order and do not need to meet the requirements of Article 8. Within the first four classifications, each has different degrees of access standards, with the most strict applying to major arterials and the least strict to minor collectors. Non-through roads serving only industrial site shall not be classified; however, intersection design standards shall apply to these roadways. Of major importance to congestion prevention and access management is driveway and roadway spacing; in other words the distance between access points onto a roadway. The requirement for spacing between any access points and/or roads for a lot on any of these classified roadways is the speed limit on that road segment. What follows is a more detailed description of the requirements for each particular road classification.


Table 13: AASHTO Safe Stopping Sight Distance

SPEED (MPH) DISTANCE (FEET)25 15035 25045 40055 550

Table 14: Driveway Spacing Requirements

DRIVEWAY SPACING REQUIREMENTS*For Classified Roads in Village of JohnstownRoadClassification

35 mph orLess 45 mph 55 mph or

MoreMinor Collector 250’ 250’ 250’Major Collector 250’ 400’ 400’Minor Arterial 250’ 400’ 550’Major Arterial 250’ 400’ 550’Industrial NA NA NA

NOTES: *This does NOT apply to spacing with road intersections. This spacing is 550 feet regardless of speed limit or road classification.*Additional requirements for Major Arterials exist; see congestion prevention text See Appendix XI for Table and Appendix XII for Map of Classified Roadways.

Table 15: Setback Requirements of Future Right of Ways

SETBACK REQUIREMENTS FUTURE RIGHT-OF-WAYSFor Classified Roads in Village of Johnstown

Road Classification Total Right-of-Way Required Setback Requirement*

Minor Collector 72 feet 6 feet each sideMajor Collector 100 feet 20 feet each sideMinor Arterial 120 feet 30 feet each sideMajor Arterial 120 feet 30 feet each side

NOTES: *This is based on an existing Right-of-Way of 60 feet, 30 feet on each side. Where no ROW or less ROW exists, the difference between 30 feet and what exists is also required.


Section 8.11 Major Arterial

1. In accordance with ORC 5535.03, Village of Johnstown and the Licking County Area Transportation Study (LCATS) have designated certain roadways in the county as Major Arterials based on Ohio Department of Transportation classifications (see Appendix XII). These Major Arterial roadways are specifically designed for the movement of through traffic and therefore only four (4) minor land divisions (lot splits) gaining access from a Major Arterial shall be permitted in total from an original tract of land as it is recorded on the effective date of these Subdivision Regulations. Land divisions that meet the Major Subdivision or Development processes outlined in these Regulations (see Sections 3.1 & 3.2) are permitted on Major Arterials.

2. No additional access points are permitted on a Major Arterial, other than for new roads (existing access points may be relocated or closed to improve safety and/or traffic flow on a roadway). Large-scale developments may be required to provide additional access points when a Traffic Impact Study indicates such provision will enhance safety and/or traffic flow on the arterial. When a major change in use or trip (traffic) generation occurs, such development shall be required to meet the standards of this article (see definition: Significant Change in Trip Generation).

3. New Roads / access points requiring (or that may require in the future) traffic signals shall be spaced at ½ mile intervals. Whenever feasible, new roads shall be a minimum of 550 feet apart and directly across from (not offset from) other streets and drives.

4. New roads that are constructed intersecting a Major Arterial shall construct left turn lanes and right turn deceleration lanes on the Major Arterial; this includes the dedication of right-of-way sufficient for turn lanes along the entire frontage.

5. For all land division or access improvement, sixty feet (60’) from the centerline of the road or half (1/2) of the right-of-way necessary to improve the R.O.W. of the Major Arterial to 120 feet, or that necessary for a four lane divided road section, shall be pinned, marked on a proposed lot survey and recorded on the deed as “Future Road Right-of Way Setback” along the entire parcel or development. Within 600’ of an intersection, 150’ shall be required. Major Subdivisions and Developments are required to dedicate this right-of-way to the Village (see Section 4.10).

6. All developments (residential, commercial, and industrial) shall be reviewed to ensure that ingress/egress, including on-site circulation, shall not interfere with roadway traffic; this review may require, but is not


limited to, the addition of left and right turn lanes, minimum turning radii for driveways, minimum “throat” lengths between entrance and parking areas (see Table 18), and restricting ingress and egress to Right In/Right Out only.

7. Wherever the creation of a new access point or a significant change in trip generation of an access point is permitted, the property owner(s) must record an easement with the deed allowing access to and from other properties in the area. The property owner shall enter an agreement to dedicate remaining access rights along the arterial to the Village, and enter into another agreement to be recorded with the deed that any pre-existing driveways on the arterial will be closed and eliminated after the construction of joint use driveways/access roads/ or alternative means of access.

8. Where a proposed subdivision or development abuts and, through internal roadways, connects to an existing subdivision or development which has access to a Major Arterial, the proposed subdivision shall be required, where necessary, to upgrade the intersection of the Major Arterial and the existing subdivision’s roadway access.

9. No increase in access will be granted on roadways where the access rights have been purchased by any governmental body.

Section 8.12 Minor Arterial

The criteria for Major Arterial shall apply with the exception of the following:

1. In accordance with ORC 5535.03, Village of Johnstown and the Licking County Area Transportation Study (LCATS) have designated certain roadways in the county as Minor Arterials based on Ohio Department of Transportation classifications (see Appendix XII). These Minor Arterial roadways are specifically designed for the movement of through traffic and therefore only four (4) minor land divisions (lot splits) gaining access from a Minor Arterial shall be permitted in total from an original tract of land as it is recorded on the effective date of these Subdivision Regulations (07/16/1996). Land divisions that meet the Major Subdivision or Development processes outlined in these Regulations (see Sections 3.1 & 3.2) are permitted on Minor Arterials.

2. New driveway access points and new roadways shall be located on a Minor Arterial in accordance with the less restrictive requirement of either AASHTO SAFE STOPPING SIGHT DISTANCE criteria based upon the existing speed limit of the arterial (Table 1) or 55 miles per hour (550 feet).


3. For other than single family residential developments, joint use driveways and cross access and/or through access easements must be established wherever possible and the building site must incorporate a unified access and circulation system. Wherever the creation of a new access point or the increased use of an access point is permitted, the property owner(s) must record an easement with the deed allowing access to and from other access rights along the arterial to the Village, and enter into another agreement to be recorded with the deed that any pre-existing driveways will be closed and eliminated after the construction of joint use driveways/access roads/or alternative means of access.

4. For all land division or access improvement, sixty feet (60’) from the centerline of the road, to improve the R.O.W. of the Minor Arterial to 120 feet, or that necessary for a four lane divided road section, shall be pinned, marked on the survey or plat, and recorded on the deed or plat as “Future Road Right-of-Way Setback” along the entire parcel or development. Within 600’ of an intersection, 150’ shall be required. Major Subdivisions and Developments are required to dedicate this right-of-way tot the Village (see Section 4.10).

5. Any lot permitted to create a new access point(s) shall be required to have deed restrictions allowing travel through that access to any contiguous lots of record.

6. Where a proposed subdivision or development abuts and, through internal roadways, connects to an existing subdivision or development which has access to a Minor Arterial, the proposed subdivision shall be required, where necessary, to upgrade the intersection of the Minor Arterial and the existing subdivision’s roadway access.

7. No new access point or increase in access will be granted on roadways where the access rights have been purchased by any governmental body.

Section 8.13 Major Collector

1. No new direct access (driveway) other than for a new road is permitted from any lot to a Major Collector, except for minor lot splits in residential or agricultural zoning districts. For other than single family residential developments, joint use driveways and cross access and/or through access easements must be established wherever possible and the building site must incorporate a unified access and circulation system. Wherever the creation of a new access point or the increased use of an access point is permitted, the property owner(s) must record an easement with the deed allowing access to and from other properties in the area. The property owner shall enter an agreement to dedicate remaining access rights along


the major Collector to the Village, and enter into another agreement to be recorded with the deed that any pre-existing driveways will be closed and eliminated after the construction of joint use driveways/access roads/or alternative means of access

2. Any new driveway access points and new roadways shall be located on a Major Collector in accordance with either AASHTO SAFE STOPPING SIGHT DISTANCE criteria based upon the existing speed limit of the Major Collector (Table 1).

3. When new streets access a Major Collector, left turn lanes shall be constructed on the collector and flared right turn “lanes” shall be constructed according to the requirements of Section 8.3 (esp. 8.32 & 8.33). Right-of-way shall be dedicated along the full frontage to the depth required by the turn lanes and/or other turn improvements.

4. For all land division or access improvement, fifty feet (50’) from the centerline of the road, to improve the R.O.W. of the Major Collector to 100 feet, or that necessary for a four lane road section, shall be pinned, marked on the survey or plat, and recorded on the deed or plat as “Future Road Right-of-Way Setback” along the entire parcel or development. Within 600’ of an intersection, 120’ of R.O.W. shall be required. Major Subdivisions and Developments are required to dedicate this right-of-way to the Village (see Section 4.10).

5. Commercial and industrial subdivisions/developments shall construct left and right turn lanes and dedicate right-of-way as per above and meet the requirements of Section 8.32 & 8.33.

6. All developments (residential, commercial, and industrial) shall be reviewed to ensure ingress/egress, including on-site circulation, shall not interfere with roadway traffic; this review may require, but is not limited to, the addition of left and right turn lanes, minimum turning radii for driveways, minimum “throat” lengths between entrance and parking areas, and restricting ingress and egress to Right In / Right Out only.

7. Where a proposed subdivision or development abuts and, through internal roadways, connects to an existing subdivision or development which has access to a Major Collector, the proposed subdivision shall be required, where necessary to upgrade the intersection of the Major Collector and the existing subdivision’s roadway access.



Section 8.14 Minor Collectors

1. New streets intersecting the Minor Collector shall meet the requirements of Section 83.

2. New driveway access points and new roadways shall be located on a Minor Collector in accordance with either AASHTO SAFE STOPPING SIGHT DISTANCE criteria based upon the existing speed limit of the Minor Collector (Table 1) or 35 miles per hour (250 feet), whichever is less restrictive.

3. For all land division or access improvement, thirty-six feet (36’) from the centerline of the road, to improve the R.O.W. of the Minor Collector to 72 feet, or that necessary for a three lane road section, shall be pinned, marked on the survey or plat, and recorded on the deed or plat as “Future Road Right-of-Way Setback” along the entire parcel or development. Within 600’ of an intersection, 90’ of R.O.W. shall be required. Major Subdivisions and Developments are required to the dedicate ROW to the Village (see Section 4.10).

4. Minimum turning radii for roadways where no right turn lane exists shall be 50 feet for a development creating less than or equal to 50 peak hour trips, otherwise a right turn deceleration lane shall be constructed (see Section 8.33).

5. Where a proposed subdivision or development abuts and, through internal roadways, connects to an existing subdivision or development which has access to a minor collector, the proposed subdivision shall be required, where necessary, to upgrade the intersection of the minor collector and the existing subdivision’s roadway access.


Section 8.15 Minor Land Division (Lot Split) on Classified Roadways

1. Minor land divisions are permitted along all roadways except Major and Minor Arterials provided that the proposed driveway spacing meets the requirements of Table 1: AASHTO Safe Stopping Sight Distance Connection Spacing Standards and this article and the proposed minor land division(s) meet the requirements of Section 3.1.

2. Minor Arterials are limited access highways, so in order to increase safety and prevent congestion of the public roadways, minor land divisions gaining access from Minor Arterials are restricted to a total of four (4) lots, exclusive of the remainder of the original tract. Thus five lots may be


created as minor land divisions from the original tract as it exists on the Licking County tax maps as of the effective date of these Regulations (07/16/1996), provided the proposed minor land division(s) meet the requirements of Section 3.1.

3. Major Arterials are also limited access highways, so minor land divisions gaining access from Major Arterials will be permitted provided that they meet the same requirements as Section 8.15, #2 above and no new access points are created. A copy of the official driveway permit must be submitted with the application.

Section 8.2 General Roadway Standards

1. All connections on roadway segments that have been assigned an access classification shall meet or exceed the minimum connection spacing requirements of that access classification as specified in Table 1.

2. Driveway spacing shall be measured from the closest edge of the pavement to the next closest edge of the pavement (see Definition Section: “Connection Spacing”). The projected future edge of the pavement of the intersecting road shall be used in measuring corner clearance, where widening, relocation, or other improvement is indicated in an adopted local thoroughfare plan or 20 year transportation plan of the metropolitan planning organization.

3. If the connection spacing of this code cannot be achieved, then a system of joint use driveways and cross access easements may be required in accordance with Section 8.31.

4. Variation form these standards shall be permitted at the discretion of the Village Planner where the effect would be to enhance the safety or operation of the roadway. Examples might include a pair of one-way driveways in lieu of a two-way driveway, or alignment of median openings with existing access connections. Applicants may be required to submit a study prepared by a registered engineer to assist the Planner in determining whether the proposed change would exceed roadway safety or operational benefits of the prescribed standard.

Section 8.3 General Congestion Prevention Standards

Section 8.30 Corner Clearances

1. Corner clearance for connections shall meet or exceed the minimum connection spacing requirements for that roadway.


2. New connections shall not be permitted within the functional area of an intersection or interchange as defined by the connection spacing standards of this code (see Table 1).

3. Where no other alternatives exist, the Planner may allow construction of an access connection along the property line farthest from the intersection. In such cases, directional connections (i.e. right in/out, right in only, or right out only) may be required.

4. In addition to the required minimum lot size, all corner lots shall be of adequate size to provide for required front yard setbacks and corner clearance on street frontage.

Section 8.31 Joint and Cross Access

1. As parcels are developed for commercial use, such properties shall provide a cross access drive and pedestrian access to adjacent parcels to allow circulation between sites.

2. A system of joint use driveways and cross access easements as shown in Figure 17 shall be established wherever feasible along arterials and collectors and the building site shall incorporate the following:

Figure 17: Examples of Cross Access Corridor Design


a. A continuous service drive or cross access corridor extending the entire length of each block served to provide for driveway separation consistent with the congestion prevention classification system and standards.

b. A design speed of 10 mph and sufficient width to accommodate two-way travel aisles designed to accommodate automobiles, service vehicles, and loading vehicles;

c. Stub streets and other design features to make it visually obvious that the abutting properties may be tied in to provide cross-access via a service drive;

d. A unified access and circulation system plan that includes coordinated or shared parking areas is required wherever feasible.

3. Pursuant to this section, property owners shall:

a. Record an easement with the deed allowing cross access to and from other properties served by the joint use driveways and cross access or service drive;

b. Record an agreement with the deed that remaining access rights along the thoroughfare will be dedicated to the Planner and pre-existing driveways will be closed and eliminated after construction of the joint-use driveway;

c. Record a joint maintenance agreement with the deed defining maintenance responsibilities of property owners.

d. The common access drive will need to be constructed by the developer prior to an occupancy permit being issued major development approval.

4. The Planner may reduce required separation distance of access points where they prove impractical, provided all of the following, requirements are met:

a. Joint access driveways and cross access easements are provided wherever feasible in accordance with this section.

b. The site plan incorporates a unified access and circulation system in accordance with this section.

c. The property owner shall enter a written agreement with the Planner, recorded with the deed, that pre-existing connections on the site will be closed and eliminated after construction of each side of the joint use driveway to read that the pre-existing connections to existing public right-of-way on the site will be closed and eliminated after construction of the joint use driveway. The written agreement with the Planner shall provide for the time frame that the pre-existing connections will be closed and eliminated.


5. The Planner may modify or waive the requirements of this section where the characteristics or layout of abutting properties would make development of a unified or shared access and circulation system impractical.

Section 8.32 Left Turn Lane Improvements and Requirements

When a new road is being created connecting to a classified roadway, or a parcel is creating a significant change in trip generation for its access point on a classified roadway, a left turn lane may shall be required to be constructed on the classified road. Left turn lanes shall be required in the following instances:

Table 16: Conditions Requiring Left Turn Improvements

Village of Johnstown Road Classification

Residential:Required When Number of

Lots Meets or Exceeds

Non-Residential:Required When Peak Hour

Trips ExceedMinor Collector 25 lots or dwelling units 60 Peak hour tripsMajor Collector 20 lots or dwelling units 50 Peak hour tripsMinor Arterial 15 lots or dwelling units 40 Peak hour tripsMajor Arterial 10 lots or dwelling units 30 Peak hour trips

When adjacent property is to be provided with an access, either at the time of development or in the future, and this adjacent site does not have its own access or can not meet the connection spacing standards, the number of dwelling units (if residential) or peak hour trips (if non-residential) shall be added to the total planned for the proposed site to determine whether a left turn lane is warranted. When the adjacent property has its own access, 25% of the lots or peak hour trips shall count toward the total for the proposed site. If the adjacent site to be connected with a future access road is currently undeveloped or contains only one structure, the total number of dwelling units or peak hour trips for that parcel shall be calculated by projecting the same density development as proposed on the current site.

When turn lanes are built they shall include full depth paved shoulders. The width of the full depth paved shoulder should be a minimum of four feet for arterial roadways and two feet for collectors. If the roadway has existing paved shoulders that exceed this minimum then the existing width should be matched. Full depth paved shoulders increase the safety of the roadway by providing recovery room, pull off space, and increase the life expectancy of the pavement.

Where the classified road does not, in the opinion of the Village Planner, provide appropriate connectivity to warrant a left turn lane, a variance from such requirement may be granted. Construction of a right turn lane may be a condition of such a variance.


Section 8.33 Right Deceleration Lane Improvements and Requirements

When a new road is being created connecting to a classified roadway, or a parcel is creating a significant change in trip generation for its access point on a classified roadway, a right turn improvement shall be required to be constructed on the classified road. The type of improvement depends on the peak hour trips and shall be as follows:

Table 17: Conditions Requiring Right Turn Improvements

Number of Peak Hour Trips Minimum Right Turn Improvement TypeLess than or equal to 50 Larger turn radius of 50 ft.

More than 50 Full-width right turn lane

Thus if the design right turn volume is less than or equal to 50 vehicles per hour, a 50 foot radius must be provided. If the design right turn volume is over 50 vehicles per hour, a full right turn lane must be constructed.When adjacent property is to be provided with an access, either at the time of development or in the future, and this adjacent site does not have its own access or can not meet the connection spacing standards, the number of peak hour trips shall be added to the total planned for the proposed site to determine what type of right turn improvement is warranted. When the adjacent property has its own access, 25% of the peak hour trips shall count toward the total for the proposed site. If the adjacent site to be connected with a future access road is currently undeveloped or contains only one structure, the total number of peak hour trips for that parcel shall be calculated by projecting the same density development as proposed on the current site.

When turn lanes are built they shall include full depth paved shoulders. The width of the full depth paved shoulder should be a minimum of four feet for arterial roadways and two feet for collectors. If the roadway has existing paved shoulders that exceed this minimum then the existing width should be matched. Full depth paved shoulders increase the safety of the roadway by providing recovery room, pull off space, and increase the life expectancy of the pavement.

Section 8.34 General Access Connection and Driveway Design

1. Driveway width shall meet the following guidelines:

a. If the driveway is a one-way in or one-way out drive, then the driveway shall be a minimum width of 16 feet and shall have appropriate signage designating the driveway as a one way connection.

b. For two-way access, each lane shall have a width of 12 feet and a maximum of four lanes shall be allowed. Whenever more than two lanes are proposed, entrance and exit lanes shall be divided by a median. The median shall be 10 feet wide if three lanes are being proposed or 16 feet wide if four lanes are proposed.


c. Driveways that enter the major thoroughfare at traffic signals must have at least two outbound lanes (one for each turning direction) of at least 12 feet in width, and one inbound lane with 14 feet of width.

2. Driveways shall be located on the lowest order improved public roadway on which the lot has frontage or a shared access point, unless ODOT and/or the Planner determines that public safety would be better served through access on a higher order roadway. For major subdivisions with private roadways, driveway location will be determined during the PZC review process.

3. Driveway grades shall conform to the requirements of ODOT’s Location and Design Manual, latest edition.

4. All entranceways must be designed so that all vehicles entering will not cross over or into opposing lanes of traffic or a portion thereof.

5. Driveway approaches must be designed and located to provide an exiting vehicle with an un-obstructed view. Construction of driveways along acceleration or deceleration leans and tapers is prohibited discouraged due to the potential for vehicular weaving conflicts (see Figure 18).

6. Driveway width and flair shall be adequate to serve the volume of traffic and provide for rapid movement of vehicles off of the major thoroughfare, but standards shall not be so excessive as to pose safety hazards for pedestrians, bicycles, or other vehicles.

7. The length of driveways or “Throat Length” (see Figure 18) shall be designed in accordance with the anticipated storage length for entering and exiting vehicles to prevent vehicles from backing into the flow of traffic on the public street or causing un-safe conflicts with on-site circulation. General standards appear in Table 4 9 but these requirements will vary according to the projected volume of the individual driveway. These measures generally are acceptable for the principle access to a property and are not intended for minor driveways. Variation from these shall be permitted for good cause upon approval of the Planner.


Figure 18: Driveway Location

Figure 19: Driveway Throat Length


Table 18: Generally Adequate Driveway Throat Lengths

LAND USE SIZE TYPE OF ROADARTERIAL1 COLLECTOR2

Light Industry 100,000 sq. ft.300,000 sq. ft.500,000 sq. ft.

1002503

4004

752503

3004

Discount Store 30,000 sq. ft.100,000 sq. ft.

1002503

752003

Supermarket 20,000 sq. ft.50,000 sq. ft.

752003

751503

Shopping Center < 100,000 sq. ft.300,000 sq. ft.500,000 sq. ft.> 700,000 sq. ft.

1503

3004

4004

5004

1502504

3504

4504

“Sit-Down” Restaurant

15,000 sq. ft.30,000 sq. ft.

5075

5050

“Drive-In” Restaurant

2,000 sq. ft.4,000 sq. ft.

5075

5050

Office Building 100,000 sq. ft.300,000 sq. ft.500,000 sq. ft.700,000 sq. ft.

1503

3004

4004

5004

1502504

3504

4504

Motel 150 Rooms 75 50Apartment 100 Units

200 Units5075

2550

Notes: Throat lengths are shown for a single lane based on applying ITE trip generation rates to the formula N=2qr, where q = “vehicles per lane per second” and r = “effective red time in seconds”.

1 Assumes 60 second red cycle (90 second cycle)

2 Assumes 50 second red cycle (90 second cycle)

3 Requires multiple lanes or access points

4 Requires multiple lanes and access points


Section 8.35 Requirements for Outparcels and Phased Development Plans

1. In the interest of promoting unified access and circulation systems, development sites under the same ownership or consolidated for the purposes of development and comprised of more than one building site shall not be considered separate properties in relation to the access standards of these Regulations. The number of connections permitted shall be the minimum number necessary to provide reasonable access to these properties, not the maximum available for that frontage. All necessary easements, agreements, and stipulations required under Section 8.31 shall be met. This shall also apply to phased development plans. The owner and all lessees within the affected area are responsible for compliance with the requirements of these Regulations.

2. All access to the out parcel must be internalized using the shared circulation system of the principle development or retail center. Access to out parcels shall be designed to avoid excessive movement across parking aisles and queuing across surrounding parking and driving aisles.

3. The out parcels shall have a minimum lineal frontage of 300 feet per out parcel or greater where spacing standards for that roadway require. This frontage requirement may be waived where access is internalized using the shared circulation system of the principle development or retail center. In such cases the right of direct access to the roadway shall be dedicated to the Village and recorded with the deed.

Section 8.36 Nonconforming Access Features

1. Permitted access connections in place as of the effective date of these Regulations that do not conform with the standards herein shall be considered as nonconforming features and shall be brought into compliance with applicable standards under the following conditions:

a. When new access connection permits are requested;b. Substantial enlargements or improvements;c. Significant change in trip generation; or d. As roadway improvements allow.

2. If the principle activity on a property with nonconforming access features is discontinued for a consecutive period of 2 years, then that property must thereafter be brought into conformity with all applicable connection spacing and design requirements, unless otherwise exempted by the Planner.


Section 8.4 Multi-Family, Commercial, & Industrial Development

Section 8.40 Corridor Congestion Prevention Overlay

1. The minimum lot frontage for all parcels with frontage on all arterials shall not be less than the minimum connection spacing standards of that thoroughfare, except as otherwise provided in this section. Flag lots shall not be permitted direct access to the thoroughfare and interior parcels shall be required to obtain access via a public road in accordance with the requirements of this code.

2. The following requirements shall apply to segments of thoroughfares that are planned for commercial or intensive development. All land in a parcel having a single description or deed number, as of the effective date of these Regulations fronting on major thoroughfares, shall be entitled one (1) driveway/connection per parcel as of right on said public thoroughfare(s). When subsequently subdivided, parcels designated herein shall provide access to all newly created lots via the permitted access connection. This may be achieved through subdivision roads, joint and cross access, service drives, and other reasonable means of ingress and egress in accordance with the requirements of these Regulations. The following standards shall also apply:

a. Parcels with large frontages may be permitted additional driveways at the time of adoption of these requirements provided they are consistent with the applicable driveway spacing standards.

b. Existing parcels with frontage less than the minimum connection spacing for that corridor may not be permitted a direct connection to the thoroughfare under this section where the Planning Commission determines alternative reasonable access is available to the site. [Note – The Planning Commission could allow for a temporary driveway with the stipulation that joint and cross access be established as adjacent properties develop.]

c. Additional access connections may be allowed where the property owner demonstrates that safety and efficiency of travel on the thoroughfare will be improved by providing more than one access to the site.

d. No parking or structure other than signs shall be permitted within 25 feet of the roadway right-of-way. The 25-foot buffer shall be landscaped with plants suitable to the soil and in a manner that provides adequate sight visibility for vehicles exiting the site.


Section 8.41 Reverse Frontage

1. Access to double frontage lots shall be required on the street with the lower functional classification.

2. When a residential subdivision is proposed that would abut an arterial, it shall be designed to provide through lots along the arterial with access from a frontage road or interior local road. Access rights of these lots to the arterial shall be denied and recorded with the deed. A berm, buffer, and/or sound barrier per O.D.O.T. standards may be required at the rear of through lots to buffer residences from traffic on the arterial. The berm, buffer and/or sound barrier shall not be located within the public right-of-way.

Section 8.42 Shared Access or Common Access Driveway

1. Lot created with frontage on a classified roadway may be required to be designed with a shared access point to and from the roadway. Normally a maximum of two accesses shall be allowed when the number of lots or businesses served is greater than 3 (see Figure 20).

2. The shared access drive will need to be constructed by the developer as a condition of final approval of a development plan.


Figure 20: Shared Access

Section 8.43 Connectivity

1. The street system of a proposed subdivision shall be designed to coordinate with existing, proposed, and planned streets outside of the subdivision as provided in this section.

2. Wherever a proposed development abuts land that has not been platted or a future development phase of the same development, street stubs shall be provided as deemed necessary by the Planning Commission to provide access to abutting properties or to logically extend the street system into the surrounding area. For these purposes either a street extension or street stub shall be used as provided in Section 4.1.

3. Collector streets shall intersect with collector or arterial streets at safe and convenient locations.

4. Minor collector and local residential access streets shall connect with surrounding streets to permit the convenient movement of traffic between residential neighborhoods or facilitate emergency access and evacuation, but such connections shall not be permitted where the effect would be to encourage the use of such streets by substantial through traffic.

Section 8.44 Private Streets (except Commercial/Industrial)

1. Private roads may be permitted in accordance with the requirements of this section and the following general standards shall apply:

a. All roadways shall be constructed to public road structural design specifications, be subject to inspection, and have an easement of a minimum of sixty feet in width.


b. Private roads that by their existence invite the public in shall have all traffic control features, such as striping or markers, in conformance with the Ohio Manual of Uniform Traffic Control Devices.

c. The minimum distance between private road outlets on a single side of public road shall be 550 feet, or less where provided by access classification and standards for state roads and local thoroughfares.

d. All properties served by the private road shall provide adequate access for emergency vehicles and shall conform to the approved local street numbering system.

e. All private roads shall be designated as such and will be required to have a sign and name meeting Planner standards and shall include the following notice: “Private Road-not publicly maintained”.

f. All private roads shall have a posted speed limit not to exceed twenty miles an hour.

2. Applications for subdivision approval that include private roads shall meet all of the requirements of these Regulations.

3. No private road shall be incorporated into the public road system unless it is built to public road specifications of the Planner and adopted by the Village Council. The property owners or applicable authority shall be responsible for bringing the road into conformance and also for inspections, reports and certification of construction.

4. Any plat served by a private road shall be maintained collectively by all property owners along that road; that the Village shall not be held responsible for maintaining or improving the private road; and that a right-of-way easement to provide the only access to that property has been recorded in the deed for that property.

Section 8.45 Site Plan Procedures

1. Applicants shall submit a preliminary site plan for review by the Planner, as required in Article 3 of these Regulations.

2. The site plan review shall address the following access considerations:

a. The road system must be designed to meet the projected traffic demand and the road network should consist of a hierarchy of roads designed according to function.

b. The road network should follow the natural topography and preserve natural features of the site as much as possible. In addition, the road alignments should be planned so as to minimize grading requirements.


c. All access points must be properly placed in relation to sight distance, driveway spacing, and other related considerations. Entry roads must be clearly visible from the connecting thoroughfare.

d. All residential dwellings must front on residential access streets (local street, minor collector, marginal access street, or cul-de-sac) rather than major roadways (major collector, minor and major arterials). This is also preferable for commercial and industrial buildings.

e. Automobile movement within the site should be designed to prevent vehicles accessing the site from having to use the peripheral road network.

f. The road system must provide adequate access to the buildings for residents, visitors, deliveries, emergency vehicles, garbage collection and ADA Compliant pedestrian access.

g. If sidewalks are provided alongside the road, they must be set back sufficiently from the road and a planting strip between the road and the sidewalk must be provided.

h. A pedestrian path system should link buildings with parking areas, entrances to the development, open space, and recreational and other community facilities.

3. The Planner reserves the right to require the developer to undertake a traffic impact study in accordance with Section 8.2 where safety is an issue or where significant problems already exist

4. Within 30 days from filing the application, applicants must be notified by the Planner if any additional information is needed to complete the application.

5. Any application that involves access to the State Highway System shall be reviewed by the Ohio Department of Transportation for conformance with state standards. Where the applicant requires access to the State Highway System, and a zoning change, or subdivision or site plan review is also required, development review may be coordinated with the Ohio Department of Transportation, as follows:

a. A congestion prevention/ site plan review committee that includes representatives of ODOT traffic operations, access permitting, and the local government may review the application. The committee shall inform the developer what information will be required for access review. Information required of the applicant may vary depending upon the size and timing of the development, but shall at a minimum meet the requirements of this article.

b. Upon review of the application, the congestion prevention review committee shall advise the Planner whether to approve the access


application, approve with conditions, or deny the application.

6. If the application is approved with conditions, the applicant shall resubmit the plan with the conditional changes made. The plan, with submitted changes, will be reviewed within 10 working days and approved or rejected.

7. If the access permit is denied, the Planner shall provide an itemized letter detailing why the application has been rejected.

8. The Licking County Building Code Department shall not approve any building plans for a structure on a lot with access to a classified roadway without the site plan having been stamped by PZC staff “Approved—No plat required,” signed, and dated.

Section 8.5 Variance Standards

1. The granting of the variation shall be in harmony with the purpose and intent of these Regulations and shall not be considered until every feasible option for meeting access standards is explored.

2. Applicants for a variance from these standards must provide proof of unique or special conditions that make strict application of the provisions impractical. This shall include proof that:

a. Indirect or restricted access cannot be obtained;b. No engineering or construction solutions can be applied to mitigate

the condition; andc. No alternative access is available from a street with lower

functional classification than the primary roadway.

3. Under no circumstances shall a variance be granted, unless not granting the variance would deny all reasonable access, endanger public health, welfare or safety, or cause an exceptional and undue hardship on the applicant. No variance shall be granted where such hardship is self-created.

4. Emergency access-point drives shall not require a variance from spacing requirements for driveways or roads provided that they are limited to use by emergency equipment only.


ARTICLE 9 REVISIONS AND ENFORCEMENT

Section 9.0 Transfer or Lease of Land

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 use of a plat of the subdivision before such plat has been approved and recorded in the manner prescribed in these regulations. 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 regulations.

Section 9.1 Schedule of Fees, Charges, and Expenses

The Village Council shall establish a schedule of fees, charges, and expenses. The schedule of fees shall be available in the office of the Village Council, and may be altered, or amended by the Village Council. Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application or appeal. All such payments shall be made payable to the Village of Johnstown. (Appendix IX)

Section 9.2 Recording of Plat

No plat of any subdivision, replatted subdivision, minor land division, or exempted minor subdivision shall be recorded by the County Recorder of Licking County or have any validity until said plat has received final approval by the PZC in the manner prescribed in these regulations.

Section 9.20 Revision of Plat After Approval

No changes, measures, modifications, or revisions shall be made in any plat of a subdivision, unless said plat is first submitted to the Commission, according to Section 3.7 and other relevant sections of these regulations.

Section 9.3 Penalties

1. Whoever violates any provision of these Regulations shall be subject to the following enforcement actions, either individually or cumulatively, which ever shall apply:

a. Whoever violates any provision in these Regulations or fails to comply with any order according to these Regulations is creating a public nuisance. The public nuisance may be abated by action at suit of Village of Johnstown or any resident of Village of Johnstown.

b. Whoever violates any rule or regulation adopted by the Village Council found in Article 5 shall be subject to the enforcement provisions in Section 5.6 of these Regulations.


c. Whoever violates any rule or regulation adopted by the Village Council found in Article 6 shall be subject to the enforcement provisions found in Section 6.16 of these Regulations

d. Whoever violates any rule or regulation adopted by the Village Council found in Article 7 shall be subject to the enforcement provisions found in Section 7.2 of these Regulations.

e. Whoever violates these Regulations shall forfeit and pay not less than $100 or more than $1,000 per article of offense per day. Until all violations are corrected, the Planner may refuse Final Plat approval until all fees and fines are paid. Such sum may be recovered with costs in a civil action brought in the Court of Common Pleas of Licking County.

f. Each such person shall be deemed guilty of a separate offense for every day during which any violation of any provisions of these regulations, including any physical condition created in violation hereof, continues or is committed by such person and shall be punished as provided herein.

2. A County Recorder who records a plat contrary to the provisions of these regulations shall forfeit and pay not less than $100 nor more than $500, to be recovered with costs in a civil action by the Prosecuting Attorney in the name and for the use of Licking County.

3. Whoever, being the owner or agent of the owner of any land outside a municipal corporation, transfers any lot, parcel, or tract of land from or in accordance with a plat of a subdivision before such plat has been recorded in the office of the County Recorder, shall forfeit and pay the sum of not less than $100 nor more than $500 for each lot, parcel, or tract of land so sold. The description of such lot, parcel, or tract by metes and bounds in the deed or transfer shall not serve to exempt the seller from the forfeiture provided in this section. If such land is within a municipal corporation, such sum may be recovered in a civil action brought in the Court of Common Pleas of Licking County.

Section 9.4 Variances

The Village Planner may grant variances to these Regulations as specified herein where unusual or exceptional factors or conditions require such modification. Where the Planning Commission finds extraordinary hardships or practical difficulties may result from strict compliance with these Regulations and/or the purposes of these Regulations may be served to a greater extent by an alternative proposal, it may approve variances to these Regulations so that substantial justice may be done and the public interest secured, provided such variance shall not have the effect of nullifying the intent and purpose of these Regulations; provided that the Village Planner shall:

1. Determine that the size, shape, location or surroundings of the property are unusual; find that unusual topographical or physical conditions, or other conditions inherent in the land exist.

2. Determine that a strict compliance with these Regulations would create an extraordinary and unnecessary hardship in the face of the exceptional conditions.


3. Permit any modification to depart from these Regulations only to the extent necessary to equitably remove the hardship so that substantial justice is done.

4. Determine that any modification granted will not be detrimental to the public interest nor in conflict with the spirit, intent and purpose of these regulations.

5. Require such other conditions to be met by the proposed plat as the Village Planner may find necessary to accomplish the purposes of these Regulations when modified.

6. Determine that a strict compliance with these Regulations would deprive the property of privileges enjoyed by similar property in the vicinity.

7. In making its determinations, the Village Planner may also consider:a. Whether the property will yield a reasonable return or whether there can

be any beneficial use of the property without the variance.b. Whether the essential character of the neighborhood will be altered or

whether adjoining properties would be adversely affected as a result of the variance.

c. Whether the variance would adversely affect the delivery of governmental services.

8. In granting variances or modifications, the Planner may require special conditions, which, in its judgment, secure the objective of the standards or requirements so varied or modified. All variances shall be requested in writing on forms provided by the Commission at the time of preliminary and/or final plat submission. A petition for any such variance shall state fully the grounds for the application and all the facts relied upon by the petitioner.

Note: In the event that the applicant requires a variance from the Village Regulations, the applicant must receive written confirmation of the Village’s variance being granted before the Planner will review the requested variance.

No appeal or variance will be taken back for reconsideration by the Village Planner unless substantial changes have been made from the original variance request.


Section 9.5 Appeal of Decision of Planning and Zoning Commission

Any person who believes they have been aggrieved by these regulations or the action of the PZC has all the rights of appeal as set forth in Chapter 711 of the Ohio Revised Code or any other applicable section of the Ohio Revised Code.

Section 9.50 Appeal of Decision of Planning and Zoning Commission Director

Any person who believes that they have been aggrieved by an opinion of the Director of the PZC regarding the Director’s Interpretation of these regulations may appeal in writing the directors interpretation to the PZC. Notice of such appeal shall be given to the PZC within thirty (30) working days of such interpretation and at least fifteen (15) working days before such appeal is presented to the PZC for consideration.

Such appeal shall be in writing and shall state the Article, Section, and title of the regulations being appealed. As well as their interpretation of such regulation and why they believe the Director’s interpretation is erroneous.

Section 9.6 Vacating of Plats

Any person wishing to or vacate any recorded subdivision shall follow requirements of the Ohio Revised Code, Chapter 711.25. If the vacating of the plat creates dead-end streets, the developer shall install cul-de-sacs or turn-arounds suitable to the Village Engineer, Village Council, and Planner.


ARTICLE 10 ENACTMENT

Section 10.0 Effective Date

These regulations shall become effective from and after the date of their approval and adoption by the Planner and Village Council after a public hearing and certification to the Licking County Recorder. Henceforth, any other regulations previously adopted by the Planner shall be deemed to be repealed. These regulations shall in no way affect any affect any subdivision having received preliminary plan approval prior to the effective date provided that no changes to the preliminary plan, as approved, are introduced by the subdivider.

Mayor, Village Council Village Planner

Adopted – ___________20__.

AttestedVillage Clerk/Administrator

Filed for record this ____ day of ______________, 20____, at _________ (AM –PM).

Recorded this ____ day of ______________, 20 ____.

________________________

Effective Date:


APPENDIX I – RESERVED FOR FUTURE USE


APPENDIX II - REQUIRED STATEMENTS AND SIGNATURES TO BE AFFIXED ON THE PLATS

REQUIRED STATEMENTS

The following statements shall be affixed on the subdivision plat:

Situated in Section _____, Township __________, Range ________, __________ County, Ohio. Containing _____ acres being the same tract as conveyed to _______________ and described in the deed recorded in the Deed Book __________ County, Ohio.

The undersigned _______________ hereby certify that the attached plat correctly represents their _______________, a subdivision of lots _____ to _____ inclusive, and to hereby accept this plat of same and dedicate to public use as such all or parts of the roads, boulevards, cul-de-sacs, reserves/easements for future access, parks, planting strips, etc., shown dedicated.

The undersigned further agrees that any use of improvements made on this land shall be in conformity with all existing valid zoning, platting, health, or other lawful rules and regulations including the applicable off-street parking and loading requirements of Village of Johnstown, Ohio, for the benefit of himself/herself and all other subsequent owners or assigns taking title from, under, or through the undersigned.

In witness thereof ___ day of __________, 20___.

Witness __________________ Signed __________________

We do hereby certify that we have surveyed the premises and prepared the attached plat and that said plat is correct.

By ________________________Registration Number__________


Before me, a Notary Public in and for said State personally appeared ________________, who acknowledged the signing of the foregoing instrument to be their voluntary act and deed for use and purposes therein expressed.

In witness thereof, I have hereunto set hand and affixed by official this ___ day of ____________, 20___.

By _________________________My Commission Expires________

Approved this ___ day of ____________, 20___.

_____________________Village of Johnstown Engineer

(NOTE: One or more of the next three must be on the plat, depending on the jurisdiction of the site: Village of Johnstown Water and Wastewater Department. If public sewer and water are to be used at the time of development, the plat need not be signed by the County Board of Health).


____________________________Village of Johnstown Water and Wastewater Department


_______________________________Village Planner


VILLAGE COUNCIL

__________________________________

__________________________________


__________________________________

(NOTE: Approval of this plat by the Village Council does not constitute an acceptance of the dedication of any public street, road or highway dedicated on such plat, Section 711.04 and 711.041 of the Ohio Revised Code).

Transferred this ___ day of ___________, 20___.

____________________ Licking County Auditor

Filed for record this ___ day of ____________, 20___, at ______ (AM-PM).

Recorded this ___ day of ___________, 20___, as instrument number_____________.

_____________________Licking County Recorder


APPENDIX III - SAMPLE WATERCOURSE EASEMENT

The following restrictions shall apply specifically to lots number _____ and _____. Watercourse means storm flow above and below ground level.

1. No structure or improvements or any kind, including sheds, fences, flower beds, rock gardens and trees (but excluding grass and approved bank protection), shall be erected or planted within the easement provided for the watercourse.

2. No owner shall take any action or permit any action to be taken that might change or divert the flow of the watercourse, nor shall he/she, within the easement provided, alter the ground level or the course of the stream as shown on this plat. An owner may provide riprap, walls or other bank protection upon securing written approval from the Village Engineer’s Office and a recommendation of the Village of Johnstown Soil and Water Conservation District or the Licking County Flood Plain Administrator.

3. Every owner of property along the watercourse shall maintain the portion of said watercourse in his/her property and keep the same free of debris and obstruction of all kinds. The Village shall be free of any responsibility toward maintaining the watercourse, unless that watercourse is an established Village ditch under an existing maintenance agreement.

4. These restrictions and agreements shall run with the land and shall bind the owner, his/her successors and assigns unless and until a modification or change thereto is agreed to and approved by Village of Johnstown.

5. Said restrictions and agreements may be enforced by Village of Johnstown and its successors and assigns, and are for the benefit of said Village and owners of neighboring property in such proximity to the above described premises that the violation of said restriction and agreements would adversely affect the value of such property or the enjoyment of the use thereof.

6. The failure of said Village to take prompt action by injunction or otherwise with regard to a violation of any of these restrictions and agreements shall not be deemed to be a waiver of its (Village) rights to take action for said violation or any further violation of any said restrictions and agreements, and existing Flood Damage Prevention Regulations.


APPENDIX IV - COMMON ACCESS DRIVE EASEMENT AND SHARED MAINTANENCE AGREEMENT

Wording for Deed Requiring Shared Access Point

The following wording is to be placed in the deeds of the parcels that will share an access point. This wording or similar wording approved by the Planner Staff shall be placed in the deeds of all properties which will gain access from the shared driveway or access point.

[GRANTOR] for valuable considerations paid and the agreements set forth below, hereby grants to [GRANTEE], a shared access easement for common driveway purposes appurtenant to and for the common use and benefit of (residential/industrial/commercial) buildings to be located upon each lot respectively for a perpetual, common, non-exclusive means of ingress and egress from said lots to [ROAD NAME] over the following real property:

Provide Legal Description or reference attached Legal Description.

In consideration of the premises, grant of the easement, covenants contained herein and other good and valuable consideration, Grantor and Grantee hereby agree that Lots [#] and [#] are hereafter subject to this perpetual and non-exclusive shared access easement and the maintenance agreement contained herein and the owners of said lots, the heirs, successors and assigns shall take ownership subject to them. The parties further agree:

1. Said shared driveway shall be appurtenant to Lots [#] and [#] for the use and benefit of the owners of said lots, their heirs, successors, assigns, successors in title and all persons using the same for the benefit of any of them to freely pass and repass on foot or with vehicles for all lawful purposes incident or proper to the use and enjoyment of their lands.

2. The improved surface of the driveway shall be located in the center of the easement and shall have a maximum width of fourteen (14) feet with the exception of the driveway apron where the improved driveway surface meets the improved public right-of-way of [ROAD NAME] One-half of the improved driveway surface shall be upon the land of Lot [#] and the other half should be upon the land of Lot [#] with the common property line between said tracts being the centerline of said driveway located within the confines of the twenty (20) foot wide easement.

3. The parties shall jointly maintain, improve and keep in good repair the easement described herein and improvements thereon and shall mutually agree upon all maintenance, improvement and repair. The terms “maintanence”, “improvement”, and “repair”, in the context of this easement shall generally refer to, but shall not be limited to, the following activities:

The placement of gravel, stone, cement, or bituminous aggregate within the improved driveway and apron area.


The removal and/or trimming of vegetation and tree debris within the easement area where applicable.

The removal of snow and mud within the easement area. The surface preparation and sowing or erosion control seed material

outside of the improved driveway are to mitigate erosion and offsite sedimentation.

4. Each owner(s) of Lots [#] and [#] shall have the obligation of maintaining the easement and shall share the cost of maintaining and repairing the easement, improved driveway and other improvement(s) in the following proportions:

Fifty percent (50%) of the cost shall be borne by the owner(s) of Lot [#]Fifty percent (50%) of the cost shall be borne by the owner(s) of Lot [#]

5. Any damage or change resulting from the extraordinary uses such as construction traffic usage caused by the owner(s) of either lot, other than ordinary wear and tear, shall be repaired and paid by such owner(s). Said completed repairs shall meet or exceed the condition of the driveway at its pre-disturbed state and shall be completed within 30 days from the date of damage.

6. If any owner improves the improved driveway beyond the specifications mutually agreed upon by the owner(s) of Lots [#] and [#], the Lot owner(s) making the improvement shall do so at their own expense. The other lot owner(s) shall not be held responsible for maintaining the drive beyond the construction specifications mutually agreed upon, but shall remain obligated to pay its share of the maintenance expenses up to the mutually agreed upon construction specification. Furthermore, if the owner(s) of a Lot makes improvements or repairs to the driveway without the prior written agreement of the abutting lot owner(s), said owner(s) shall bear the entire cost of said repair and/or improvement.

7. The owners of Lots [#] and [#] shall be required to construct and maintain, at their own expense, access driveways situated on each individual lot for connection to the common driveway. Neither lot owner shall obstruct or permit obstruction of said shared driveway in any manner whatsoever. The parking of vehicles within the improved surface area of the driveway is such manner that restricts access is prohibited.

8. In the event of a dispute regarding maintenance, improvement or repair arises between the owner(s) of Lots [#] and [#] of for the costs thereof, said dispute shall be submitted to resolution by binding arbitration. Except as otherwise provided herein, arbitration shall be pursuant to the provisions of Chapter 2711 of the Ohio Revised Code. Within fifteen (15) days after an owner(s) gives written notice to the other of the dispute or controversy and demands arbitration, the parties shall mutually agree upon an independent arbitrator. If the parties are unable to agree, an arbitrator shall be appointed as provided in Ohio Revised Code Chapter 2711. The arbitration hearing shall be held no more than 45 days from the appointment of the arbitrator, and shall make a decision within 30 days of the hearing, unless the owners agree in writing to


an extension. The parties shall share equally all costs of arbitration.

This easement or the covenants herein may be modified only upon the written agreement of all of the owners of Lots [#] and [#]. No modification shall be effective until it is recorded in the Licking County Recorder’s Office.


APPENDIX V - SAMPLE HOMEOWNERS ASSOCIATION AGREEMENT

(SUBDIVISION NAME) SECTION (NUMBER(s))DECLARATION OF COVENANTS, EASEMENTS,

RESTRICTIONS, ASSESSMENT LIENS AND (SUBDIVISION NAME) ASSOCIATION

The following examples of wording for Homeowners Associations, and deed restrictions that should be incorporated in associations and Restrictions. There is a summary list of what restrictions that are recommended and restrictive wording that will be required to be part of deed restriction wording that cannot be amended by Home/Lot owner without approvals of the appropriate authorities.

1. Articles of Incorporation of Homeowners Association, Summary of ArticlesA. Must be in compliance with the laws of O.R.C. 1702 – Nonprofit

corporations.B. Name of AssociationC. Purpose and powersD. Establish Board of TrusteesE. Notice of Association and/or Board of Trustees meeting and quorum.F. Indemnification

a. Third Party Actionb. Derivative Actionsc. Rights after successful defensed. Other determinations of rightse. Indemnification of Trusteesf. Advances of Expensesg. Non-exclusiveness: Heirsh. Purchase of Insurance

G. Net Earning and DissolutionH. DefinitionsI. Amendments

2. Deed Restriction/Covenants, Easements, and Assessment LiensThe Deed Restrictions should provide for a written statement on what is or is not permitted within a subdivision. This may range from Use of Land, Types or square footage dwelling units and other permitted land use, etc. The Homeowners Association enforces deed restrictions/covenants and is not zoning regulations regulated by Village. There may be Deeds Restrictions. The ? are regulated by the Health Department, Water and Sewer providers, Planning Commission, and these deed restrictions cannot be amended by a vote of Homeowners and/or Board of Trustees, without the approval of appropriate authority. Example: Subdivision developed with on-lot water wells and septic systems and central water and sewer become available. This would require the County Health Department to approve the removal of deed restriction wording that is required for lots originally developed with water wells and septic systems.


The following is a summary of items that may be incorporated within deed restriction/covenants.

A. Identification or description of subdivision, date, and lot numbers.B. Background or purposeC. Land UseD. Requirements for approvalE. Building standards

1. Minimum building area2. Accessing buildings and/or structures3. Driveways4. Materials and finishes5. Roofing6. Sewage and water systems *7. Fences8. Pools9. Accessory items10. Landscaping11. Miscellaneous

Restriction that may not be amended without Health Department approval.

F. Formation of AssociationG. BackgroundH. Powers; Authority; DutiesI. MembershipJ. VotingK. AssessmentsL. Maintenance – Open Space, common areas, subdivision entrance features, etc.M. SuccessorN. Terms or time limits on deed restrictionsO. EnforcementP. SeverabilityQ. Property subject to restrictionsR. Additional propertyS. Acceptance or certification that the lot owner has been provided a copy of Deed

Restrictions.

3. Deed Restrictions that cannot be amended without appropriate authority approval

The following covenants, easements, restriction, assessment liens can not be amended by Association’s vote unless the appropriate state, county District authority approves of such amendment in writing. (Example): The subdivision has on lot well and sewer systems and central water and sewer becomes available.)


1. The _________________Subdivision was developed within the subdivision regulations of Village of Johnstown and there are all/certain parts are under Village ditch maintenance (Ohio Revised Code 6137) and the lot owners within the _______________________ Subdivision will be assessed an annual maintenance fee for the maintenance of Ditch and/or other related storm water control structures, detention/retention ponds, etc. The assessments will be placed on the annual tax (bill?/Assessment? From the Village of Johnstown Treasurer.

(Note) The following could be added to the covenants, or as appendixes.

1. Copy of Plat (reduced) showing what is under Village Ditch Maintenance, or description or list of what is under Village Maintenance.

2. Copy of original ditch maintenance petition.

3. The ________________________subdivision was developed with roadside drainage ditches for storm water control and discharge of such stormwater. No alternating, filling or any changes to the roadside ditch shall be done with the approval of the _______________________Village Council or their designee, or the Village Engineer. It is important to understand that these road ditches were originally designed to maintain stormwater control within the subdivision for control, protection of streets, and prevent flooding of areas within the subdivision. The filling in roadside ditches can cause additional maintenance and flooding to streets and lots, without the approvals from the appropriate local authorities.

4. Common Access Drives (CAD): See appendix__________________?

5. Dry Hydrant MaintenanceThe ________________________Subdivision has a dry hydrant (s) for fire protection to be utilized by the local fire departments(s) (District). It shall be the responsibility of the homeowners Association to maintain this dry hydrant. It will be the responsibility of the local fire Department/District to inspect and test such dry hydrant(s) and provide a maintenance report to the Homeowners Association on maintenance repairs required to keep such hydrant(s) operational. Maintenance repairs shall be completed and inspected in a time frame agreeable to both the Fire Department/District and Homeowners Association. If repairs are not completed within a time frame satisfactory to the Fire Department/District, the Fire Department/District may proceed with having the repairs completed and the cost of such repairs will be charged to pay the cost back to the Fire Department. Maintenance is not limited to just the dry hydrant, but may include access drive or pad and anything related to function, access and operational use of the dry hydrant(s).

6. School Bus Stops


The ______________Subdivision has __________________bus stops with the subdivision. It shall be the responsibility of the Homeowners Association to maintain school bus stop(s). This shall include shelter(s), if any access pavement, and related improvements to bus stops area.


APPENDIX VI - SAMPLE CROSS ACCESS AGREEMENT(similar wording approved by the Planner Staff may be used.)

Reciprocal Easement Agreement

This Reciprocal Easement Agreement (hereinafter the “Agreement”) made this ____ day of _______________, 20___, by and between ____(Party 1 (full name))____, an _____(individual(s), corporation/company)_____ of _____(Address of Party 1 (if company add “with offices at” (address))_____ (hereinafter ___”Party 1”___ and _____(Party 2 (full name))_____, an _____(individual(s), corporation/company)_____ of _____(address of Party 2(if company add “with offices at” (address))_____ (hereinafter ___”Party 2”___.

RECITALS

A___(Party 1)___ is/are the fee owner(s) of the real property (hereinafter the __(”Party 1”)__ Property) situated in the State of Ohio, County of Licking, Village of Johnstown, and more fully described in Exhibit A, attached hereto and made a part of hereof.

BThe Party 2 is/are the fee owner(s) of the real property (hereinafter the __”Party 2__Property”) situated in the State of Ohio, County of Licking, Village of Johnstown, and more fully described in Exhibit B, attached hereto and made a part of hereof.

CThe ___(Party 1)___ Property and the ___(Party 2)___ Properties are adjacent to each other and are located and configured generally as shown in Exhibit C, attached hereto and made a part hereof.

D___(Party 1)___ owns and is developing on his/her/their property a ____(what is proposed- example: single-family residential home, commercial, etc.)____.

E___(Party 2)___ owns and ((add “operates” if existing business or “resides” if existing residence)) (if the land is being developed add “and is developing”) a ___(what is exits or is proposed-example: building for retail commercial use)___ on their property.

F___(Party 1)___ and ___(Party 2)___ desire to grant certain reciprocal easements with respect to the ___(Party 1)___ Property and ___(Party 2)___ Property to permit reciprocal, mutual access form the ___(Party 2)___ Property to the ___(Party 1)___


Property and from the ___(Party 1)___ Property to the ___(Party 2)___ Property through a curb cut (the “Access Point”) to be installed at a point approximately ___(distance)___ feet ___(direction)___ of the ___(direction 2)___ boundary of the ___(Party 1 or 2)___ Property.

Now therefore, in consideration of the mutual covenants hereinafter contained and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto, intending to be legally bond, do hereby agree as follows:

1. Identification and Installation of Access Point: The “Access Point” shall be a curb cut made in the ___(direction 2) property line of the __(Party 1 or 2)___ (which property line is the ___(opposite direction 2)___ property line of the ___(Party 2 or 1)___ Property), with the intention of aligning the Access Point with the ___(direction 2)___ most drive lane on the ___(Party 2)___ Property. This curb cut shall not be less than ___ feet and not more than ____ feet wide, and it shall begin at the point located approximately ___(distance)___ feet ___(Party 2)___ from the boundary line of ___(Road Name)___ Road. Subject to the foregoing parameters, the final location and width of the Access Point shall be agreed upon by the parties in conjunction with the review of plans provided for in the next following sentence, which agreement neither party shall unreasonable withhold. The curb cut for the Access Point shall be constructed by ___(Party 1)___ subject to ___(Party 2)___ approval of the plans therefore, which approval shall not be unreasonably withheld. In constructing the curb cut for the Access Point, ___(Party 1)___ shall have the right to remove any concrete or asphalt dividers ___(Party 2)___ may have installed along the line of or which would obstruct the Access Point and shall join the pavement on the ___(Party 2)___ Property and on the ___(Party 1)___ Property such that the two pavements are smoothly connected. ___(Party 1)___ shall have a right of entry onto the ___(Party 2)___ Property during its construction of the Access Point in the immediate vicinity reasonably needed for the construction thereof, only during working hours (or otherwise agreed upon time) (i.e. no equipment to be stored on the ___(Party 2)___ Property overnight), and only in such manner as does not materially detract form ___(Party 2)___ ___(residence or business)___. All damage to the ___(Party 2)___ Property outside of the Access Point area shall be promptly repaired and best efforts shall be utilized not to cause any such damage. The plans for the curb cut shall include such traffic safety and directional signs (e.g. “stop” signs) as may, in the opinion of a professional engineer, be necessary in the vicinity of the Access Point to promote traffic safety, which signs ___(Party 1)___ shall and may install on either property, as such engineer may direct, subject to the ___(Party 2)___ approval which shall not be unreasonably withheld.


2. Grants of Easement: A- Easement to ___(Party 1)___. The ___(Party 2)___ hereby grant to ___(Party1)___, his/her/their successors and assigns, for his/her/their benefit and that of any and all tenants or occupants of all or any part of the ___(Party 1)___ Property and their respective licensees, invitees, customers, agents and employees, during the term of this agreement, the non-exclusive, irrevocable easement and right of way for pedestrian and vehicular traffic through the access point and over and upon such driveways and parking areas as may exist from time to time on the ___(Party 2)___ Property (including without limitation the drive lanes thereon), together with the easement and right to use such areas for pedestrian and vehicular passage, for access and ingress to, from and across the ___(Party 2)___ Property and to and from the streets, highways, and alleys adjacent to and abutting the ___(Party 2)___ Property. The ___(Party 2)___ warrant that he/she/they have fee simple title to the ___(Party 2)___ Property, free of all liens and encumbrances except real estate taxes and matters of record which would not prevent the granting nor use of this easement.

B-Easement to ___(Party 2)___. The ___(Party 1)___ hereby grant to ___(Party 2)___, their successors and assigns, for his/her/their benefit and that of any and all tenants or occupants of all or any part of the ___(Party 2)___ Property and their respective licensees, invitees, customers, agents and employees, during the term of this agreement, the non-exclusive, irrevocable easement and right of way for pedestrian and vehicular traffic through the Access Point and over and upon such driveways and parking areas as may through the access point and over and upon such driveways and parking areas as may exist from time to time on the ___(Party 1)___ Property (including without limitation the drive lanes thereon), together with the easement and right to use such areas for pedestrian and vehicular passage, for access and ingress to, from and across the ___(Party 1)___ Property and to and from the streets, highways, and alleys adjacent to and abutting the ___(Party 1)___ Property. The ___(Party 1)___ hereby warrants(s) that he/she/they have fee simple title to the ___(Party 1)___ Property, free of all liens and encumbrances except real estate taxes and matter of record which would not prevent the granting nor use of this easement.

3. Maintenance-After initial construction of the access point is complete, ___(Party 1)___ shall be responsible for all pavement maintenance, traffic and directional signage maintenance, repaving/resurfacing, striping maintenance, landscape maintenance, trash and litter pickup, and snow and ice removal on the ___(Party 1)___ Property, and ___(Party 2)___ shall be responsible for all pavement maintenance, traffic and directional signage maintenance, repaving/resurfacing, striping maintenance, landscape maintenance, trash and litter pickup, and snow and ice removal on the ___(Party 2)___ Property.


4. Insurance and Indemnity

A-During Construction- ___(Party 1)___ shall indemnify, defend and hold harmless the ___(Party2)___ and all tenants or occupants of the ___(Party 2)___ Property from all loss, liability, suits, judgments, costs, or expenses (including reasonable attorney fees) for incidents occurring on either party’s property during the period of time between the date of commencement and the date of completion of construction of the access point and arising out of any act or omission of ___(Party 1)___, its tenants, contractors, agents, or employees. During such construction ___(Party 2)___ shall carry public liability insurance against such occurrences in the amount of at least ___(one million or other sum)___ dollars combined single limit coverage, with the ___(Party 2)___ as additional insured, and shall assure that any contractor performing work on the access point shall likewise carry public liability insurance in such amount or greater, together with worker’s compensation coverage in accordance with Ohio law.

B-After the initial construction of the access point is complete, ___(Party 1)___ shall indemnify, defend, and hold harmless the ___(Party 2)___ and all tenants or occupants of the ___(Party 2)___ property from all loss, liability, suits, judgments, costs, or expenses (including reasonable attorney fees) arising out of any and all occurrences taking place on the ___(Party 1)___ Property. The ___(Party 2)___ shall indemnify, defend, and hold harmless ___(Party 1)___ and all tenants or occupants of the ___(Party 1)___ Property from all loss, liability, suits, judgments, costs, or expenses (including reasonable attorney fees) arising out of any and all occurrences taking place on the ___(Party 2)___ Property. Each party shall add the other, and, upon request, any tenant or occupant of the other, as an additional insured to its public liability insurance policy, and shall provide the other, upon written request, with a certificate attesting thereto. The insurance certificate shall provide that the insurers shall give the additional insured at least thirty (30) days prior written notice of any intended cancellation of coverage. Each party’s public liability insurance coverage shall be in the amount of at least ___(one million or other amount)___ dollars, combined single limit coverage. Each party hereby waives, for itself and any insurer providing it with liability insurance coverage, the right of subrogation against the other party hereto and against any tenant or occupant of such other party, for any and all claims paid for occurrences arising directly or indirectly out of the use of the easement created in this agreement.

5. No Public Dedication-It is mutually agreed that the grants contained in this agreement are not intended and shall not be construed as a dedication


of the respective premises for public use, and the parties hereto will take whatever steps may be necessary to avoid such dedication.

6. Running with the Land-Al of the easements, covenants, agreements, conditions, and restrictions set forth in this agreement shall be construed as covenants running with the land, binding upon, inuring to benefit of and enforceable by the parties and their respective successors and assigns, ___for so long as each of the (Party 1) property and the (Party 2) property are put to (residential/commercial) use, but if the use of more than 30% by area of such property should change from (residential/commercial) use (the “Changed Property”), the owner of such property shall have the option on 30 days proper written notice to the owner of the changed property___ to terminate this agreement and all easements, covenants, restrictions, and conditions hereunder requires approval of the Village Planner or, if annexed, its municipal equivalent.

7. Limited Recourse-Recourse by either party hereto against the other party for any claim or liability arising in connection herewith shall be limited to such other party’s interest in its respective parcel of real property with which this agreement runs.

8. Notice-Any notice required or permitted by or to either of the parties under this agreement shall be in writing and shall be deemed to have been given when deposited in the United States mail, certified or registered mail, return receipt requested and addressed as follows:

If to ___(Party 1)___:___(Party 1 address)___

If to ___(Party 2)___:___(Party 2 address___

Either party may, at any time, change its address for the purposes of mailing, as aforesaid, a notice stating this change and setting forth the new address.

IN WITNESS WHEREOF, the parties hereto have duly executed this agreement as of the day and year first above written.

WITNESS:____________________BY:__________________________ITS:____________________________________________________________________________________________________________________


______________________________________________________________________________________________________________________________________________________

STATE OF OHIO))COUNTY OF LICKING)

Before me, a Notary Public in and for said County, personally appeared _________________________, (if individual: “an individual,” or if a company: “of __________________________, “) who acknowledged the signing and attestation of the foregoing Reciprocal Easement Agreement to be his/her free act and deed, and as such (“officer” if a company) on behalf of __________________________ for the uses and purposes set forth therein.

IN WITNESS WHEREOF, I have hereunto signed my name and affixed my official seal on the ___ day of _______________, 20___.

_________________________NOTARY PUBLIC


APPENDIX VII - MINIMUM PAVEMENT COMPOSITION

ASPHALT CONCRETE CONCRETE PAVEMENT

304 301 Int. Course

Surface Course 304* 452

Cul-de-sac or Local Residential 6” 4” 1.75” 1.25” 4” 7”

Residential Subcollector or Minor Collector

6” 5” 1.75” 1.25” 4” 8”

Major Collector or Minor Arterial 6” 6” 1.75” 1.25” 4” 8”

Major Arterial 6” 8” 1.75” 1.25” 4” 9”Industrial /Commercial 6” 8” 1.75” 1.25” 4” 9”

* Alternative materials may be permitted, subject to the approval of the Village Engineer.Notes:

1. The surface course shall consist of Item 448, Asphalt Concrete, Type 1, PG 64-22 (Asphalt Binder).

2. The intermediate course shall consist of Item 448, Asphalt concrete, Intermediate Course, Type 2, PG 64-22.

3. With asphalt concrete pavement, item 407 Tack Coat shall be applied at a rate of 0.075 Gallons per square yard to the 301 course, prior to the placement of the intermediate course, when the Village engineer or his designee deems it necessary.

4. Item 407 Tack Coat for Intermediate Course shall be applied at a rate of 0.050 Gallons per square yard to the intermediate course, prior to the placement of the surface course, when the Village engineer or his designee deems it necessary.

5. Per the ODOT CMS 301.04, “The maximum compacted depth of any one layer (of 301) shall be 6 inches.”

6. With a concrete base pavement, item 407 Tack Coat shall be applied at a rate of 0.075 Gallons per square yard to the 305 course, prior to the placement of the intermediate course with a rubberized asphalt emulsion meeting ODOT CMS 702.13.

7. The actual rate of application of Tack Coat shall be subject to adjustment, as conditions in the field may dictate.


LEGEND

301 Bituminous Aggregate Base304 Aggregate Base305 Portland Cement Concrete Base (5.5 Bag)407 Tack Coat (RC-70 or RS-1)448 Asphalt Concrete – Intermediate Course – Type II448 Asphalt Concrete – Surface Course – Type I452 Plain Portland Cement Concrete Pavement (6.5 Bag)

All item numbers refer to the Ohio Department of Transportation Construction Material Specifications ODOT CMS, 2005 edition.


APPENDIX VIII – RESERVED FOR FUTURE USE


APPENDIX IX – VILLAGE OF JOHNSTOWN DEVELOPMENT FEE SCHEDULE

Lot Split $100 plus $50 per new lot created by lot split

Preliminary Plat

$750 plus $100 per lot (single family) OR $750 plus $50 per acre or partial acre (non-single-family) subdivision plat

Final Plat

$1,000 plus $100 per lot (single family) OR $1,000 plus $50 per acre or partial acre (non-single-family) subdivision plat

Re-plat $300 plus cost of postage and advertising* Improvement Drawings Review and Inspection 8% of total cost of all public improvements Conditional Use $150 plus cost of postage and advertising* Variance (single family) $150 plus cost of postage and advertising* Variance (non-single family) $500 plus cost of postage and advertising* Non-Conforming Use (single family) Non-Conforming Use (non-single family)

$200 plus cost of postage and advertising* $500 plus cost of postage and advertising*

Zoning Map Amendment $500 plus cost of postage and advertising* Zoning Text Amendment $500 plus cost of postage and advertising* Zoning Appeal $150 plus the cost of postage and advertising * Home Occupation $150 plus cost of postage and advertising* Zoning Certificate (REQUIRED for all new construction, additions or modifications to or change of use of ANY structure)

$75 (single family) OR $150 (non-single family)

Preliminary Planned Unit Development Plan

$750 plus $100 per lot (single-family) OR $750 plus $50 per acre or partial (non-single-family) subdivision plat

Final Planned Unit Development Plan

$1,000 plus $100 per lot (single family) OR $1,000 plus $50 per acre or partial acre (non-single-family) subdivision plat

Improvements Inspection for Planned Unit Developments 8% of total cost of all public improvements Certificate of Appropriateness $1,000 Occupancy Certificate (single family) $75 Occupancy Certificate (multiple family) $75 per unit Occupancy Certificate (all others) $250 Sign Permit $100 plus $0.50 per sq ft of sign facing

Temporary Sign Permit $50 (which includes a $25 refundable deposit if the sign is timely removed)

Garage Sale Permit $5 per day -limited to three (3) sales per year at any given address

Fence Permit $30 (single family) OR $100 (non-single family)

Curb Cut $125 (which includes a $50 refundable deposit, if requested, following final inspection)


Sidewalk $125 (which includes a $50 refundable deposit, if requested, following final inspection)

Site Drainage Review & Inspection Fee $0.20 per sq ft of impervious surface area on site Re-Inspection (all types) $30 Permit Modification (all types) $50 Flood Development Permit $300 plus $10 per acre or partial acre

Demolition Permit (non-single family)

$1,000 per structure (which includes a $SOO refundable deposit, if requested, following inspection to ensure lot is timely restored to green space) $700 per structure (which includes a ~OO refundable

Demolition Permit (single family) deposit, if requested, following inspection to ensure lot is timely restored to green space)

Maps $5 per copy Zoning Code $25 per copy Annexation Review $50 per acre or partial acre proposed to be annexed* $6.00 per adjoining/adjacent property owner for cost of certified mailing plus $100.00 forcost of legal advertisement


APPENDIX X - GUARD RAIL WARRANT STUDY


APPENDIX XI - VILLAGE ROADWAY CLASSIFICATIONS

Refer to Village Planner for current Village of Johnstown roadway classifications.


APPENDIX XII – RESERVED FOR FUTURE USE


APPENDIX XIII - DEVELOPMENT INSPECTION SCHEDULE

There will be an inspection of the including but not limited to following:

1. Pre-Construction Meeting2. Site Clearing and Grubbing3. Construction of Sediment, Erosion, and Stormwater Controls4. Roadway Excavation and Embankment5. Sanitary Sewer Pipe and Collector Pipe6. Storm Sewer Pipe, Culverts and Bridges7. Water Distribution Pipe8. Roadway Utility or Stormwater Crossing Compaction9. Roadway Final Grade and Compaction10. Concrete Curb and Gutter11. Asphalt Paving12. Guardrail13. Final Grading14. Seeding and Mulching (Permanent or Temporary)15. Final Construction Inspection16. Final Inspection Walk-Thru with Developer and Contractor. 17. As-Builts Submitted to Planner.


APPENDIX XIV - NPDES / EROSION CONTROL MEASURES

The following additions to the design and construction specifications will be required:

1. All ponds will be designed and constructed to USDA/NRCS-State of Ohio Engineering Standard and Construction Specifications as the minimum criteria.

2. All rock channel protection including channel lining, stilling basins, culvert outlet protection and similar will be designed and constructed to include:

a. A filter under the rock of geotextile or gravel.b. Chocking of the rock to fill the voids and help lock rock in place.

i. Type D rock to be chocked with #2’s or similar.ii. Type B & C rock to be chocked with Type D rock and #2’s.

c. Hand placing may be necessary to obtain the desired surface shape.3. All inlets will be protected from sediment entry even though they may discharge

to a sediment-settling pond.4. The NPDES permit holder shall maintain the log of weekly or more frequent site

inspections and provide copies to the Soil & Water Conservation District or Village Planner upon request.

5. Stability evaluations of all ditches shall be determined using 10-year peak flow in the as-built state unless other specifications require evaluation under higher flow conditions. Manning’s n-value of 0.025 shall be used for computations unless otherwise agreed.

a. Stability of newly seeded drainage channels shall be determined using the same peak flow; however, the Manning’s n-value of 0.025 shall be used for computations unless otherwise agreed.

6. The Ohio EPA requirements for the current General Construction Permit will be followed.


APPENDIX XV - DITCH DESIGN CRITERIA


APPENDIX XVI - RIGHT IN/ RIGHT OUT DESIGN CRITERIA


APPENDIX XVI – VARIANCE APPLICATION

VILLAGE OF JOHNSTOWN, OHIO

THE APPELLANT/APPLICANT SHALL COMPLETE THIS APPLICATION. THE PLANNING DIRECTOR MAY RETURN AN INCOMPLETE APPLICATION AND REQUEST ADDITIONAL INFORMATION AS REQUIRED. THE APPLICATION MUST BE SUBMITTED NOT LESS THAN TWENTY (20) DAYS PRIOR TO A REGULARLY SCHEDULED VILLAGE PLANNING COMMISSION MEETING.

A. Name of Appellant: ____________________________________________________

Address of Appellant: __________________________________________________

Telephone Number of Appellant: ________________Mobile Number_____________

Fax Number of Appellant: _________________E-mail Address__________________

B. Name of Owner of Record: ______________________________________________

Address of Owner of Record: ____________________________________________

Telephone Number of Owner of Record: ___________________________________

C. Address of the Property: _________________________________________________(If different from Appellant’s current address)

D. Attach documentation as to authority to file notice of appeal (e.g. deed or purchase agreement).

E. Attach a legal description of the property, as recorded with the Licking County Recorder.


F. Provide the specific subdivision regulation from which a variance is requested:

Article ______________, Section ________________, Paragraph ______________

G. Written justification for the requested variance shall be made. Responses to the following questions shall be provided:

1. Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance.

_______________________________________________________________________________

_______________________________________________________________________________


2. Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a substantial detriment as a result of the variance.

_______________________________________________________________________________

_______________________________________________________________________________

3. Whether exceptional topographic or other physical conditions exist which are peculiar to the particular parcel of land.

_______________________________________________________________________________

_______________________________________________________________________________

I hereby certify that all of the information contained in this application is true and correct to the best of my knowledge.

_________________________________________Appellant’s Signature or Authorized Representative

________________________________________ Date

Factors:

Is the parcel located in a floodplain?Yes, Zone:_____ / No Community Panel Number: __________________

Effective Date: __________________

Is the parcel located on a State Route?Yes / No If yes, has O.D.O.T. been contacted and have comments been

received.

Is the parcel located on a classified road?Yes / No

Road Classification Spacing Requirement

Local Collector 200’ (35mph) 250’ (45/55mph)Minor Collector 250’ (35mph) 400’ (45/55mph)


Major Collector 250’ (35mph) 400’ (45/55 mph)Minor Arterial 250’ (35mph) 400’ (45mph)

550’ (55mph)Major Arterial 250’ (35mph) 400’ (45mph)

550’ (55mph)

Topographical Features:Streams:

Terrain:

Forestation:

Current use of site:_______________________________________________________________________________

Current Zoning:_______________________________________________________________________________

Are Village zoning requirements met?Frontage Requirement:Minimum Lot Size:Setback Front:

Does the proposed use meet the zoning requirement?_______________________________________________________________________________

_______________________________________________________________________________

Date Received____________________

Date of Meeting to be considered at___________________________________________

Preliminary Plan Fee $__________________ Inspection Fee $________________

Action by Planning Commission:


Date____________________ Planner Signature______________________


APPENDIX XVII - SKETCH PLAN APPLICATION

Date____________

1. Name of Applicant__________________________________________________

Address___________________________________________________________

Phone___________________ Fax___________________

2. Name of Surveyor___________________________________________________

Contact Person_____________________________________________________

Address___________________________________________________________

Phone___________________ Fax__________________________

Mobile__________________ E-mail________________________

3. Name of Engineer___________________________________________________

Contact Person_____________________________________________________

Address___________________________________________________________

Phone___________________ Fax__________________________

Mobile__________________ E-mail________________________

4. Name of Subdivision_________________________________________________

5. Location: Township____________________ Section__________________

Road Name___________________ Range__________________

6. Subdivision Plana. Type of Development__________________________________________

b. Number of Residential Lots_____________________________________

c. Typical Lot Width & Depth_____________________________________

d. Total Area (acres)_____________________________________________


e. Industrial Area (acres)__________________________________________

f. Business Area (acres)__________________________________________

Form No. 2 (Cont’d)

g. Park Area (acres)______________________________________________

h. Other (acres)_________________________________________________

7. Present Zoning District_______________________________________________

Proposed Zoning District_____________________________________________

8. Do you propose deed restrictions? Yes_________ No_________a. If yes, please submit a copy of the proposed deed restrictions.

9. What type of sewage disposal do you propose to utilize? ____________________

10. What type of water supply system do you propose to utilize? ________________

11. List of materials submitted with this application:


a. Folded copies of Sketch Plan (20 copies) ________________________b. Vicinity Sketch ________________________c. Tax map showing adjacent property owners ________________________d. FIRM showing any floodplain on site ________________________e. Distance to existing driveways & roads ________________________f. Geologist report pertaining to groundwater ________________________g. Copy of current deed ________________________h. Other materials ________________________

______________________________ ______________________________Applicant Surveyor or Engineer


APPENDIX XVIII - PRELIMINARY PLAN APPLICATION

Date____________


Address___________________________________________________________

Phone___________________ Fax___________________

4. Name of Surveyor___________________________________________________

Contact Person_____________________________________________________

Address___________________________________________________________

Phone___________________ Fax________________________

Mobile__________________ E-mail______________________

5. Name of Engineer___________________________________________________

Contact Person_____________________________________________________

Address___________________________________________________________

Phone___________________ Fax_________________________

Mobile__________________ E-mail_______________________



Road Name___________________ Range__________________

8. Subdivision Plan

1. Type of Development__________________________________________

2. Number of Residential Lots_____________________________________

3. Typical Lot Width & Depth_____________________________________


4. Total Area (acres)_____________________________________________

5. Industrial Area (acres)__________________________________________

Form No. 3 (Cont’d)6. Business Area (acres)__________________________________________

7. Open Space (acres)____________________________________________

8. Other (acres)_________________________________________________


Proposed Zoning District_____________________________________________

*If zoning change was requested please provide a copy of the approval letter.

10. Do you propose deed restrictions? Yes_________ No_________1. If yes, please submit a copy of the proposed deed restrictions.

11. What type of sewage disposal do you propose to utilize? ____________________

12. What type of water supply system do you propose to utilize? ________________



1. Folded copies of Preliminary Plan (20 copies)______________________2. Reduced copy of development (11x17) ________________________3. Picture of Notice of Development Sign ________________________4. Proposed covenants & deed restrictions ________________________5. ODNR letter if applicable ________________________6. OEPA letter if applicable ________________________7. Article 6 calculations ________________________8. Street improvement plans if applicable ________________________9. Labels of adjoining property owners ________________________10. Homeowners Association Agreement ________________________11. Copy of current deed ________________________12. Other materials ________________________

________________________________________________

Preliminary Plan Application (Cont’d)I recognize the fact that Section 711.10 of the Ohio Revised Code provides that “the approval of the planning commission or the refusal to approve shall be endorsed on the plat within thirty days after the submission of the plat for approval, or within such further time as the applying party may agree to”.

In relation to the above, I find it in my best interest to consider this Preliminary Plan submission as pre-submission guidance rather than the submission of a plat. I further agree that the thirty-day approval period shall not commence until after consideration of the Preliminary Plan by the Village Planning Commission and submission of the Final Plat based upon the approved Preliminary Plan.


Date Received____________________



Preliminary Plan Fee $__________________ Inspection Fee $________________


Date____________________ Planner Signature____________________________


APPENDIX XIX – FINAL PLAT APPLICATION

Date____________


Address___________________________________________________________

Phone___________________ Fax___________________

2. Name of Surveyor___________________________________________________

Contact Person_____________________________________________________

Address___________________________________________________________

Phone___________________ Fax__________________________

Mobile__________________ E-mail________________________

7. Name of Engineer___________________________________________________

Contact Person_____________________________________________________

Address___________________________________________________________

Phone___________________ Fax__________________________

Mobile__________________ E-mail_______________________



Road Name___________________ Range__________________

10. Date Preliminary Plan Approved____________________

11. Number of Residential Lots within Preliminary Plan________________________Number of Residential Lots within Final Plat_____________________________

12. Subdivision Plan

a. Total Area (acres)_____________________________________________

b. Area in lots (acres)____________________________________________


c. Area in streets (acres)__________________________________________

Form No. 4 (Cont’d)d. Lineal Feet of Streets__________________________________________

e. Area dedicated for Open Space___________________________________

f. Other (acres)_________________________________________________


*If zoning change was requested please provide a copy of the approval letter, the proposed zoning must be in place prior to Final Plat approval.

14. Do you propose deed restrictions? Yes_________ No_________a. If yes, please submit a copy of the proposed deed restrictions.



a. Folded copies of Final Plat (20 copies) ________________________b. Reduced copy of development (11x17) ________________________c. Proposed covenants & deed restrictions ________________________d. Folded copies of Improvement Plan ________________________

i. Construction Drawings ________________________ii. Erosion & Sedimentation Plans ________________________

e. Labels of adjoining property owners ________________________f. Homeowners Association Agreement ________________________g. Plat signed by appropriate Zoning Auth. ________________________h. Other materials ________________________


Date Received____________________


Final Plat Fee $__________________ Inspection Fee $________________


Date____________________ Planner Signature____________________________


APPENDIX XX - CERTIFICATE OF DEVELOPMENT REVIEW

1) Current Owner of Record Name:____________________________________

Address:______________________City:______________State:____Zip:_______

Home Phone:____________________________ Work Phone:_______________

2) Current Tenant Name:____________________________________

Address:______________________City:____________State:_____Zip:________

Home Phone:____________________________ Work Phone:_______________

3) Existing Zoning:____________________________________

4) Site Location of Subject Tract

If site is vacant:

The site is located on the (circle one) N S E W side of __________approximately________ feet (circle one) N S E W of __________

If site is not vacant:

Address:__________________ City:________________ State:______Zip:____

5) Subject Tract Site Acreage:___________________

6) Detailed description of Present Use of the subject tract

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

7) Detailed description of Proposed Use of the subject tract


___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

8) Along with this application, the applicant must submit

A) Two (2) copies of a site plan (drawn to scale) showing:

The actual dimensions of the lot including easements. The exact size and location of all buildings on the lot. The proposed new construction. The existing and intended use of all parts of the land or

buildings. Such other information with regard to the lot and neighboring

lots as may be necessary to determine and provide for the enforcement of the Subdivision Regulations.

B) Two (2) copies of a site plan (drawn to scale) showing:

The proposed provisions of water and sanitary sewer facilities. In addition to the plan, a letter of preliminary approval for

wastewater treatment and disposal facilities from the appropriate health authority (The Licking County Board of Health or the Ohio Environmental Protection Agency) must be submitted with this application.

Note: Refer to the Development Regulations and the Licking County Board of Health Regulations.

C) Two (2) copies of a site plan (drawn to scale) showing:

The proposed provisions of surface drainage features and underground storm drainage facilities.

The proposed erosion and sediment control plan which, at a minimum, must include:

A narrative describing the following: Project description. A brief description of the nature

and purpose of the land-disturbing activity and the amount of grading involved.


Existing site conditions. A brief summary of when practices will be implemented as related to grading and building operations. This includes approximate start and finish dates for each stage of construction.

Construction sequence. A brief summary of when practices will be implemented as related to grading and building operations. This includes approximate start and finish dates for each stage of construction.

Critical areas. A description of areas within the developed site that have potential for serious erosion or sediment problems (e.g. steep slopes, concentrated areas of flow, etc…).

Permanent Stabilization. A brief description of how the site will stabilize after construction is complete.

Maintenance. Schedule of regular inspections and repairs of erosion and sediment control structures.

A site map showing the following: Existing contours. Existing elevation contours of the

site at an interval sufficient to determine drainage patterns.

Final contours. Proposed changes in the existing elevation contours.

Existing vegetation. Locations of trees, shrubs, grass, and other vegetation.

Limits of clearing and grading. A line showing the area to be disturbed.

North arrow.

Existing and final drainage patterns. Show the dividing lines and the direction of flow for the different drainage areas before and after development.

Erosion and sediment control measures. Locations, names, and dimensions of the proposed temporary and permanent erosion and sediment control measures.


Storm water management system. Location of permanent storm drain inlets, pipes, outlets, and other permanent drainage facilities (swales, waterways, etc…).


Date Received____________________


APPENDIX XXI - RAINFALL TABLE

Village of Johnstown 24 Hour Storm Events1 year 2.3”2 year 2.6”5 year 3.2”10 year 3.8”25 year 4.6”50 year 5.2”100 year 6.0”

Source: NOAA Atlas 14 Volume 2 or any updates.

Criteria: Highest permissible curve number (CN) for cropland shall be 82. Unless thoroughly documented, all “woods” shall be characterized as “good”. Where development cuts and fills are anticipated to be in excess of six (6)

inches, the hydrologic soils group shall be increased one category for post development calculations. For example: C to D.


APPENDIX XXII – DITCH MAINTENANCE PROCEDURE

In accordance with Section 61.90 of the Development Regulations, all drainage improvements constructed within subdivisions shall be placed on Village Maintenance through the ditch petition laws of the State of Ohio (ORC 6137).

When the final plat of a subdivision has been approved by the Village Planner and is brought before the Village Council for approval, a petition requesting that the drainage improvements be placed on Village Maintenance shall accompany it. A sample copy of the petition is included in this section. The petition shall include the following attachements:

Exhibit A A copy of the plat in the size that will be recorded.Exhibit B A copy of the Signed Subdivider’s Agreement with a certified

check, if applicable.Exhibit C A copy of the drainage plans for the subdivision delineating the

improvements to be placed on public maintenance. This plan should be developed in consultation with the Village Engineer. The Village Engineer shall make the final decision regarding the scope of maintenance.

Exhibit D A cost estimate for the construction cost of the improvements delineated in Exhibit “C” based on prevailing wage rates.

The petition and attachments shall be submitted two (2) weeks prior to placing the final plat on the Village Council Agenda. No plat will be placed on the Village Council agenda unless accompanied by a complete petition package approved by the Village Engineer and the Village Planning Commission.


APPENDIX XXIII – ENHANCED DITCH DESIGN


APPENDIX XXIV - PERMISSIBLE VELOCITIES

TABLE OF PERMISSIBLE VELOCITIES FOR FLOWING WATER

Cover Range2

(Percent)Permissible Velocity1

(Ft. Per Second)Kentucky Bluegrass orTall Fescue orSmooth Brome

0-55-10

Over 10

443

Grass Mixtures orReed Canary

0-52

5-1043

Red Top orRed Fescue

3

0-5 2.5

1 Any design exceeding the above velocities or having a critical flow shall be designed using rock or other suitable erosion resistant material.

2 Do not use slopes steeper than 10 percent except for vegetated side slopes in combination with a stone, concrete, or highly resistant vegetative center section.

3 Do not use on slopes steeper than 5 percent except for vegetated side slopes in combination with a stone, concrete, or highly resistant vegetative center section.


APPENDIX XXV - ADOPTION OF AMENDMENTS TO THESE REGULATIONS


APPENDIX XXVI - LIST OF ACCEPTABLE STREET TREES

Large:

Trees that reach over 45 feet tall at maturity. Suitable for tree lawns at least seven feet wide, with no overhead utility lines.

Name Latin NameNorway Maple Acer platanoides Red Maple Acer rubrum Sugar Maple Acer saccharum (and A. nigrum) Black Maple Acer nigrum Black Alder Alnus glutinosa Sugar Hackberry Celtis laevigata Hackberry Celtis occidentalis Turkish Filbert Corylus colurna European Beech Fagus sylvatica Ginkgo (Males only) Ginkgo biloba Honeylocust Gleditsia triacanthos var. inermis Kentucky Coffeetree Gymnocladus dioicus Sweetgum Liquidambar styraciflua Dawn Redwood Metasequoia glyptostroboides Black Tupelo (Black Gum) Nyssa sylvatica London Planetree Platanus x acerifolia White Oak Quercus alba Swamp White Oak Quercus bicolor Scarlet Oak Quercus coccinea Shingle Oak Quercus imbricaria Bur Oak Quercus macrocarpa Chinkapin Oak Quercus muehlenbergii Chestnut Oak Quercus prinus English Oak Quercus robur Red Oak Quercus rubra Shumard Oak Quercus shumardii Black Oak Quercus velutina Japanese Pagoda Tree Styphnolobium japonicum Baldcypress Taxodium distichum American Linden Tilia americana Littleleaf Linden Tilia cordata Crimean Linden Tilia x euchlora Silver Linden Tilia tomentosa Japanese Zelkova Zelkova serrata


Medium:

Trees that reach over 30-45 feet tall at maturity. Suitable for tree lawns at least five fee wide with no low overhead wires.

Name Latin NameHedge Maple Acer campestre Hybrid Purpleblow Maple Acer truncatum x platanoides River Birch Betula nigra European Hornbeam Carpinus betulus Katsura Tree Cercidiphyllum japonicum American Yellowwood Cladrastis kentukea Hardy Rubber Tree Eucommia ulmoides Goldenraintree Koelreuteria paniculata Magnolia Hybrids Magnolia sp (tree form) American Hophornbeam Ostrya virginiana Amur Cork Tree Phellodendron amurense Sargent Cherry Prunus sargentii Callery Flowering Pear Pyrus calleryana Sawtooth Oak Quercus acutissima Lacebark Chinese Elm Ulmus parvifolia

Small:

Trees that reach 15-30 feet tall at maturity. Suitable for tree lawns at least four feet wide or with overhead wires.


Name Latin NameBigtooth Maple (Canyon Maple) Acer grandidentatum Amur Maple Acer ginnala (tree form) Trident Maple Acer buergerianum Paperbark Maple Acer griseum Tatarian Maple Acer tataricum Red Horsechestnut Aesculus x carnea Serviceberry Amelanchier sp. (tree form) Thornless Cockspur Hawthorn Crataegus crusgalli Lavalle Hawthorn Crataegus x lavallei Thornless Thicket Hawthorn Crataegus punctata var. inermis Green Hawthorn Crataegus viridis Amur Maackia Maackia amurensis Crabapple Malus sp. (oval or upright forms and cultivars only) Japanese Tree Lilac Syringa reticulata Blackhaw Viburnum Viburnum prunifolium


APPENDIX XXVII - INDEX

ADTDefinition...............16

Appeals....................169Buffering

Landscape............104Perennial..............100Perennial &

Intermittent........99Construction Plans...59Cul-de-Sac..........72, 87Development Review

General...................65Driveway Spacing. .43,

145Extension

Final Plat................64Preliminary Plan....58Street......................88

Final Plat...................60Flood Plain

Definition...............24Final Plat................63General...................99Minor Lot Split 44, 99Preliminary Plan....57Subdivision............99

Landscaping...........113Plan........................94

Local Residential StreetsGeneral...................75

Major Arterial StreetsAccess Management

.........................146General...................83

Major Collector StreetsAccess Management

.........................148General...................79

Marginal Access RoadsGeneral...................85

Minor Arterial StreetsAccess Management

.........................147General...................81

Minor Collector StreetsAccess Management

.........................150General...................77

Minor Land DivisionAccess Management

.........................150Adjacent Property

Transfer..............47Between 5-20 Acres

...........................95Over 20 Acres........96Process...................46Under 5 Acres........95

NotificationDevelopment Sign. 52Final Plat................61Preliminary Plan....55

Open SpaceAmount to be

Dedicated.........106Conditionally

Permitted Areas107Fee-in-Lieu..........105General.................105

Management Plan 108Permitted Uses.....106

Penalties..................166Pre-Construction

Conference............60Preliminary Plan......52Private Streets

Access Management.........................162

Condo, Multi-Fam, Commercial......110

Replat........................66Right-of-Way

Dedication............145Requirements.........70

Roundabout..............87Sidewalks..................93Sketch Plan...............49Streets

Access Management.........................144

Classification.........71General...................68Lighting................114Naming..........90, 118Private..........110, 162Signs....................118Special....................88

VarianceApplication..........209Final Plat...............61Preliminary Plan. .55

VariancesGeneral.................167

WetlandsPreliminary Plan....51


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johnstownohio.orgjohnstownohio.org/wp-content/uploads/2012/02/2012...W… · Web viewTABLE OF CONTENTS. ARTICLE 1 TITLE, PURPOSE, SCOPE & JURISDICTION13. Section 1.0Title13. Section