Part 11 Planning and Zoning Code - Title 1 Subdivision Control
Chapter 1107 Subdivision Regulations
Section 1107.01 Title, Purpose and Application
- Title. The platting and minimum improvement requirements for the subdivision of land within the City and within that part of the area within three miles of the corporate limits of the City for which a Plan for the Development of Major Streets and Thoroughfares and for Parks and Other Open Public Grounds has been adopted, including procedures for the application, administration and penalties for the violation thereof, shall be known and referred to as Subdivision Regulations for the City of North Canton, Ohio.
- Purpose. The general purpose of these Subdivision Regulations shall be to control the subdivision of all land in the City and within that part of the area within three miles of the corporate limits of the City for which the Plan for the Development of Major Streets and Thoroughfares and for Parks and Other Open Public Grounds has been adopted, in order to promote the public health, safety, comfort, convenience and general welfare.
- Application. A preliminary and final plat shall be required in accordance herewith for the subdivision of any land within the City and within that part of the area within three miles of the corporate limits of the City for which the Plan for the Development of Major Streets and Thoroughfares and for Parks and Other Open Public Grounds has been adopted.
Section 1107.02 Definitions
As used in these regulations:
- "Commission" means the City Planning Commission of North Canton, Ohio.
- "Plan for the Development of Major Streets and Thoroughfares and for Parks and Other Open Public Grounds" means that plan adopted by the City which includes the plan of the major streets or thoroughfares and for the parks and other open public grounds of the City and for such portion of the unincorporated territory within three miles of the corporate limits for which such plan has been adopted.
- "Council" means the legislative body of the City of North Canton, Ohio.
- "Municipality" means the City of North Canton, Ohio.
- "Plat" means a map of a tract or parcel of land.
- "Roadway" means that portion of a street improved, designed or ordinarily used for public or private vehicular travel, except the berm or shoulder.
- "Street" means the entire width between the boundary lines of every public or private way open to the use as a thoroughfare for the purpose of vehicular traffic.
- "Whoever" includes all persons, natural and artificial; partner, principals, agents and employees.
- "Person" includes a private corporation, and when used to designate the owner of property, includes not only natural persons but also every other owner of property.
- "Subdivision" means:
- The division of any parcel of land shown as a unit or as contiguous units on the last preceding tax roll, into two or more parcels, sites or lots, any one of which is less than five acres for the purpose, whether immediate or future, of transfer of ownership; provided, however, that the division or partition of land into parcels of more than five acres not involving any new streets or easements of access, and the sale or exchange of parcels between adjoining lot owners, where such sale or exchange does not create additional building sites, shall be exempted; or
- The improvement of one or more parcels of land for residential, commercial or industrial structures or groups of structures involving the division or allocation of land for the opening, widening or extension of any street or streets, except private streets serving industrial structures; the division or allocation of land as open spaces for common use by owners, occupants or leaseholders or as easements for the extension and maintenance of public sewer, water, storm drainage or other public facilities.
- The improvement of one or more parcels of land containing a total area of four acres or more for residential or commercial structures or a group of structures involving the division or allocation of land for use as private streets; the division or allocation of land as open spaces for common use by owners, occupants or leaseholders as easements for the extension and maintenance of public sewer, water, storm drainage or other public facilities and as private streets.
- "Private street" means a street platted for the exclusive use of owners, occupants, leaseholders and their invitees of lands platted with such private streets and not dedicated to public use. Private streets shall be open to use by public safety vehicles (fire, police and emergency medical services), of the City and other governmental subdivisions of the State and the State having jurisdiction. Private streets shall also be open to use by public utilities providing service to the premises abutting and served by such private street.
Section 1107.03 Outline of Procedure
- Whoever subdivides land, as defined herein, whether by instrument of conveyance or otherwise, shall comply with these regulations.
- Whoever divides any parcel of land, whether by instrument of conveyance or otherwise, for which division no plat is required by reason of Ohio R.C. 711.001 or 711.131 shall submit such division together with a sketch identifying such division to the Chairman of the Planning Commission or his deputy. The City Engineer in his discretion may require that said division be by plat. The Chairman, or his deputy, shall within seven working days stamp such division of a parcel of land “Approved by the Planning Commission of the City of North Canton: no plat required” or “Approved by the Planning Commission of the City of North Canton by plat”, sign his name and date of approval. In the absence of the Chairman, the City Engineer shall act as his deputy.
- Whoever subdivides land shall submit a preliminary plat to the Planning Commission. The preliminary plat shall indicate the location and the intended use of the public open space. The preliminary plat shall be presented to North Canton City Council the same time as it is presented to the Commission. Council shall approve the preliminary plat concerning the location and intended use of the public open space before the commission approves the same. After review, the Planning Commission may approve, conditionally approve or disapprove the preliminary plat.
- Whoever subdivides land, having received approval of the preliminary plat, shall then prepare the final plat containing detailed drawings and submit the plan, profiles and typical cross-sections of streets and specifications for the improvements to the City Engineer for approval in accordance with final plat requirements.
- Whoever subdivides shall submit a final plat to the Commission for its review. The Commission may approve final plats only after the improvements are installed or performance guarantees furnished.
- Whoever subdivides shall offer for dedication streets and other areas intended for public use, and Council may accept such streets and areas.
- The acceptance of streets and utilities for use and maintenance shall be by separate action of Council, upon the recommendation of the City Engineer.
- After approval of the final plat by the Commission, whoever subdivides may file the plat with the City Engineer for recording as hereinafter specified, and after recording he may sell or lease the lots shown thereon.
- A residential or commercial subdivision as provided for in Section 1107.02 (j)(3) shall be subject to all of the regulations and requirements of these Subdivision Regulations unless specifically excepted. A residential or commercial subdivision as provided for in Section 1107.02 (j)(3) shall only be permitted within the corporate limits of the City.
Section 1107.04 Plat Requirements
- Whoever subdivides shall make application for approval and shall provide a preliminary plat and a final plat of such subdivision in accordance with the following requirements before the land of such subdivision is sold or leased and before a building permit for the improvement of any lot in such subdivision is issued.
- For approval of preliminary plats there shall be submitted to the Commission an application, on forms provided by the Commission, along with six copies of the preliminary plat, for the subdivision of all land within the City or within that part of the area within three miles of the corporate limits of the City for which the Plan for the Development of Major Streets and Thoroughfares and for Parks and Other Open Public Grounds has been adopted. If the proposed plat is located outside the corporate limits, the Commission shall submit one copy of the preliminary plat to each of the following: the Regional Planning Commission, the County Engineer and the County Board of Health for their files. Preliminary plat approval shall be obtained from the City Planning Commission and, in addition, if the plat is located outside the corporate limits of the City, from the County Board of Health. The preliminary plat shall contain the following information (typical plats are shown in the Appendix):
- Title and certificates:
- The name of the subdivision, the subdivider and the surveyor.
- North point, date and scale, which scale shall be at least 100 feet to the inch.
- Location and identification:
- The boundary line of the property to be subdivided, the location of the property by township, section and half-section lines, and tract identification according to the County Recorder.
- The relation of the property to existing streets, the identification of abutting properties by names of owners, lot numbers or subdivision names.
- Zoning in and adjacent to the plat.
- Existing physical conditions of the site:
- Topographic information referred to sea-level datum with a contour interval of two feet or less and such additional elevations as may be required because of irregularities of terrain and topographic changes as proposed.
- The location of any drainage channels, streams, wooded areas or similar significant land features.
- Surface conditions such as a strip-mined area or an area having a known record of past flooding.
- Existing utilities readily available to the site:
- Existing sanitary and storm sewers, culverts, water mains and other utilities within the land to be subdivided.
- The location and size of water mains, sanitary sewers and outlets for surface water drainage in the immediate vicinity of the proposed plat.
- Proposed layout and development of the site:
- The location, widths and names of all proposed streets, crosswalks, easements, open spaces, building setback lines and lots.
- Sites to be dedicated for parks, playgrounds or other public uses.
- Preliminary plat containing private streets: As a condition precedent to the approval of a preliminary plat containing a private street or streets, there shall be a finding by the City Engineer and the Planning Commission that the subdivision is one which can appropriately be served by private streets and that there is not a reasonable need for the public dedication of the streets serving the subdivision.
- Title and certificates:
- Final Plats.
- Whoever subdivides shall make application for the approval of and shall provide a final plat for all land within the City and within that part of the area within three miles of the corporate limits of the City for which the Plan for the Development of Major Streets and Thoroughfares and for Parks and Other Open Public Grounds has been adopted. Such final plat for all or part of the territory shown as subdivided in the preliminary plat shall be made within twelve months of the date of approval of the preliminary plat upon which it is based. Upon a majority agreement of the Commission members, an extension of the twelve-month period of validity for any preliminary plat may be granted.
- The final plats shall be drawn to accepted engineering standards of legibility in India ink on linen tracing cloth or its equivalent, at a scale of at least 100 feet to the inch, and shall contain the following information.
- Boundaries, dimensions, control points:
- All boundary lines of the area being divided; all lot lines; all boundary lines of land dedicated or granted for public use; all easement lines. Street lines, lot lines and easement or other lines shall be graphically differentiated from each other. Replats shall show eliminated lot lines and differentiate them from new lot lines.
- Accurate distances and bearings of all required lines; widths of streets and easements; radii, arcs, chords, chord bearings, central angles and points of tangency for all curves. Linear dimensions shall be given to the nearest one-hundredth of a foot.
- Minimum building setback lines to conform to Zoning Ordinance.
- Such control description as may be approved by the City Engineer.
- Identification and location:
- The names of proposed and adjoining streets and the purposes of easements and other lands provided for public use.
- Identification of each lot in accordance with the City's adopted lot numbering system.
- All section, half-section, township or City corporation lines.
- Location and description of all monuments.
- The name of the subdivision, scale of the plat and north point.
- Identification of adjoining land.
- Total acreage of land platted, total acreage of streets dedicated and total acreage of lots platted.
- The certificate of a registered surveyor attesting to the accuracy of the survey and the correct location of all monuments shown.
- The certificate of the owner or owners of the plat acknowledging the proposed plat and all dedications of land for public use. This acknowledgment shall be before a notary public.
- The certificate of the City Engineer certifying that the plat meets all requirements for installed improvements.
- The certificate of the chairman of the Commission approving the final plat.
- The certificate of Council's acceptance of streets for public use.
- Certificate to be completed by the City Board of Health when the subdivision is located within the corporation limits, if such Board exits.
- Certificate to be completed by the County Board of Health when the subdivision is located outside the corporate limits of the City.
- Certification to be completed by the Board of County Commissioners upon approval of the final plat, when the subdivision is located outside the corporate limits of the City.
- Endorsement to be completed by the County Auditor upon transfer of record.
- Endorsement by County Recorder upon recording of plat.
- The City Law Director shall endorse plats when land is located within the corporation limits of the City, stating dedications are free from encumbrances. The subdivider shall provide to the City Law Director such instruments as are necessary to this determination.
- Endorsement to be completed by the County Prosecutor, when the subdivision is located outside the corporate limits of the City, when land is to be dedicated for public use, certifying that all lands offered for dedication are free from encumbrances. The subdivider shall provide to the County Prosecutor such instruments as are necessary to this determination.
- Certification by City Law Director that all premises contained in the plat have adequate legal access by a private street to a public street or have adequate access to a public street.
- Boundaries, dimensions, control points:
- Upon approval by the Planning Commission and acceptance of the street dedication by the City, Council or the Stark County Commissioners, the plat shall be deposited with the City Engineer, together with the necessary moneys to pay the cost of recording the same; and thereupon the City Engineer shall cause such plat to be recorded in the office of the Recorder of Start County, Ohio, at the expense of the developer.
- The tracing of the final plat, after it has been recorded, shall be filed and retained in the office of the City Engineer and shall become and remain the property of the City.
Section 1107.05 Design Standards
- The arrangement, location, extent, width, grade and character of all streets shall conform to the Plan for the Development of Major Streets and Thoroughfares and for Parks and Other Public Grounds and shall be appropriate to topography, to proposed uses of land abutting the streets and to the pattern of surrounding streets and land use.
- Existing or projected major streets in adjoining areas shall be contained in new subdivisions and minor residential streets shall be continued to prevent dead-end streets.
- Continuous through streets, other than major or collector streets, extending from one major street to another should be avoided.
- Collector streets are satisfactory when there are no continuous cross streets and if they exit into only one major street.
- No street arrangement shall be approved that prevents future access to adjoining undeveloped property.
- Minor residential streets shall be designed so as not to offer direct routes to through traffic.
- Streets shall intersect as nearly as possible at right angles and no street shall intersect any angle less than a sixty-degree angle. No more than two streets should intersect at one point.
- Street jogs shall have centerline offsets of at least 125 feet.
- The right-of-way lines of intersecting streets shall intersect at all corners with a curve having a radius of at least fifteen feet.
- When the line of a street changes direction by more than ten degrees, a circular curve shall be provided. For minor residential streets, this curve shall be at least 100 feet in radius and for all other streets at least 350 feet in radius. For all streets, these radii shall be measured along the centerline.
- On all but minor residential streets, reverse curves shall be connected by a tangent of at least 100 feet.
- Vertical curves shall provide the sight distance suited to their location as determined by the specifications of the City Engineer and adopted by Council.
- Permanent dead-end streets or cul-de-sacs shall be used only where a continuous street cannot be developed.
- Dead-end streets, designed to be so permanently, shall not be longer than 600 feet and shall be provided at the closed end with a turn-around which shall have a minimum radius of fifty feet at the property line.
- T-shaped or Y-shaped turning areas in place of the circle may be permitted when the topography and shape of the lot makes such a design more desirable.
- A temporary dead-end street may be permitted if it is part of a required street and a satisfactory turn-around is provided.
- Half-streets shall be prohibited, except where essential to the reasonable development of the subdivision in conformity with the other requirements of these regulations, and where the Commission finds it will be practicable to require the dedication of the other half when the adjoining property is subdivided.
- Whenever an existing half-street is adjacent to a tract to be subdivided, the other half of the street shall be platted within such tract.
- Half-streets shall not be less than one-half the standard width for the appropriate street classification.
- Any plat dedicating a temporary dead-end or a half-street shall include a plat restriction prohibiting any easement or right-of-way access to the temporary dead-end or half-street from any abutting or adjoining property save from lots platted in conformity with these regulations.
- Streets as identified on the Plan for the Development of Major Streets and Thoroughfares and for Parks and Other Open Public Grounds shall have right-of-way widths of not less than:
Type of Street
Right of Way Width in Feet
Minor Residential Streets
- Street grades shall be not less than 0.4 percent. Grades shall not exceed five percent (5%) on secondary streets or eight percent (8%) on other streets, except in case of unusual topographic conditions. In no event shall any street grade exceed ten percent (10%).
- Block lengths shall not exceed 1,400 feet.
- In blocks longer than 900 feet, easements shall be provided for pedestrian walks in order to give substantially more direct access to a school, playground, public transportation, shopping center, church or other community facilities. Such easements shall be located in or near the center of the block or as extensions of sidewalks or walks in adjacent blocks. Crosswalk easements when provided shall be at least ten feet wide and shall be dedicated as public rights of way for sidewalk purposes.
- Blocks that abut a major thoroughfare may be required by the City Planning Commission and may be designed to:
- Align blocks with their greater dimension parallel to and adjoining the major thoroughfares, and
- Provide property access or service streets parallel to and adjoining the major thoroughfares, or
- Abut the major thoroughfares with lot lines across which vehicular access is prohibited by plat restriction.
- Irregular shaped blocks (including super-blocks) and, indented cul-de-sacs, containing interior public spaces, shall be acceptable when adequately designed and fitted to the overall plan and when adequate provision for the maintenance of public areas is provided.
- Lots shall be arranged and designed to meet all the zoning requirements of the district in which located and are appropriate to the location of the subdivision.
- Lots that are not served by a public water and/or public sanitary sewer shall meet the area requirements established by the City Board of Health if within the corporate limits, or by the County Board of Health if outside the corporate limits.
- Side lot lines shall be at right angles or radial to street lines as nearly as practicable.
- Double-frontage or reversed-frontage lots shall be prohibited except where they are deemed necessary by the Commission to provide separation of residential development from traffic arteries or to overcome unusual topographic conditions.
- The numbering of lots shall conform to the City's adopted lot numbering system if the subdivision is located within the corporate limits of the City, or to the County's numbering system if located outside the corporate limits of the City.
- When utilities are located off the street, easements shall be provided and shall be centered on rear or side lot lines. When electrical or telephone service is located in rear lot easements, additional easements shall be provided along side lot lines at intervals of 250 feet or less or at such other intervals as may be established by a street lighting plan approved by the Commission. Easements shall be at least sixteen feet wide except that easements used solely for access to utilities above ground or easements for overhead utilities may be ten feet wide. Utility poles shall be seven feet inside the street right-of-way line.
- Easements shall be provided on both sides of all drainage ditches or open watercourses. The width of drainage easements shall be sufficient to provide for access to the drainage course. It shall be wide enough for its reasonable protection, widening, deepening, realignment or enclosure.
- Open Space.
- Whoever subdivides a parcel ten acres or greater under this chapter shall provide public open space to be dedicated to the City. A minimum of two point five (2.5%) percent of the gross area to be subdivided shall be provided to be dedicated as public open space. Public open space must be of usable size and shape for the intended purpose as determined by Council, and must be fully accessible to the public. Public open space shall be one parcel within the entire subdivision and be wholly located within the City of North Canton. Public open space shall not include public street right-of-way, private street pavements, walking paths, public utility easements, detention/retention basins, wetlands or any unusable space for development, structures or facilities intended for common recreation use such as pools, clubhouses, picnic shelters, play equipment and similar features, parking areas, required setbacks, required spacing, easements, and private yards.
- Whoever subdivides a parcel ten acres or greater under this chapter shall provide open space in addition to public open space. A minimum of two point five (2.5%) percent of the gross area to be subdivided shall be provided as open space. Open space is property set aside within the gross area to be subdivided and is not dedicated by the City. Retention ponds and detention ponds can make up half of this open space requirement.
Section 1107.06 Required Improvements
- Whoever subdivides shall construct or guarantee construction of, as hereinafter provided, streets, curbs, gutters, sidewalks, street signs, water mains, storm sewers and sanitary sewers, in accordance with the following provisions, before the plat therefor is approved and before the lands of such subdivision are sold or leased and before a building permit for the improvement of any lot in such subdivision is issued.
- Whoever subdivides shall notify the City Engineer whenever constructed improvements require inspection preparatory to approval by the City Engineer. If the improvements have not been installed as required, such improvements shall be installed or reinstalled to conform to these regulations.
- The following improvements shall be required:
- Streets shall be provided according to the specifications of the City Engineer and shall be approved by him prior to the start of any construction.
- The pavement and wearing surface shall be installed to meet the design standards established by the City Engineer and adopted by Council as shown in Appendix A.
- The naming of streets shall conform to the City's adopted street naming system.
- Street signs shall be installed by the developer in accordance with the specifications of the City Engineer and adopted by Council.
- Curb and gutter, where installed, shall meet the design standards established by the City Engineer and adopted by Council.
- Sidewalks shall be installed on both sides of all streets. The required sidewalks may be placed in the rear of lots in certain types of developments upon Commission approval. Sidewalks shall be at least five feet in width and installed to meet the design standards established by the City Engineer and adopted by Council.
- Street and pavement widths shall be in accordance with the Plan for the Development of Major Streets and Thoroughfares and for Parks and Other Open Public Grounds and the following schedule:
Right-of-Way Width in Feet
Pavement Width in Feet
Minor Residential Streets
- Upon recommendation of the Planning Commission and approval of Council, sidewalks may be deleted from one or both sides of a private street.
- Upon recommendation of the Planning Commission and approval of Council, the pavement width of a private street may be reduced when either of the following conditions occur:
- Adequate off-street parking is provided so as to eliminate the need for a parking lane.
- The street layout is such that traffic flow will be permitted in only one direction.
- In the event a street, whether private or dedicated for public use, is permitted to be constructed without sidewalks and/or of a reduced pavement width, the area from the curb line shall be graded as shown in Appendix A.
- All the following utility improvements shall be installed prior to street construction and shall meet the following standards:
- Subdivisions shall be protected from flood hazard and inundation by stormwater. Existing watercourses entering the subdivision shall be received and discharged from the subdivision, as nearly as possible in the manner which existed prior to construction of the subdivision. Runoff originating in a subdivision shall be drained to an adequate outlet. This termini location shall be approved by the City Engineer, and when the termini is located outside the City limits, after consulting the Stark County Hydraulics Engineer. The City is part of the National Flood Insurance Program. Any subdivision located within a flood hazard area designated by the Federal Insurance Administration (FIA) shall comply with all regulations established by the FIA.
- A complete sanitary sewer system of an adequate size discharging into an approved outlet in accordance with the specifications established by the City Engineer and adopted by Council shall be provided. If the subdivision is in an area where sanitary sewer mains are not accessible, the minimum lot area may be approved if adequate sewer system and group disposal facilities are constructed that will tie into future sewer line extensions. Individual septic tanks shall be installed only according to the specifications of the County Board of Health, or the City Board of Health if one exists within the corporate limits of the City and to the specifications of the County Board of Health if located outside the City corporate limits.
- Adequate size water mains properly connected to the public water supply system to serve all lots for domestic use and fire protection shall be provided in accordance with the specifications established by the City Engineer and adopted by Council. Shut-off valves for water services shall be located in the street right of way in the lawn strip between the curb and sidewalk. In no case shall such valve be located under a paved area or driveway in any residential district.
- Monuments shall be placed in accordance with the standards and specifications established by the City Engineer. If monuments are not installed prior to recording, a certified check shall be deposited with the City in an amount to be specified by the City Engineer; this check shall be returned when monuments are installed according to plat requirements.
- Utilities to be located in street rights of way shall be placed in the ground before any pavement is constructed in the proposed street, unless otherwise provided for by joint agreement of the City Engineer and the utility company.
- Streets shall be provided according to the specifications of the City Engineer and shall be approved by him prior to the start of any construction.
Section 1107.07 Installation of Utilities and Performance Guarantee
- The public utilities and other improvements required herein shall be installed, or their installation guaranteed, in conformance with the provisions of these regulations before the issuance of a permit to construct a building upon a lot and before the sale or lease of a lot.
- The developer may execute and file with the Clerk of Council financial guarantees in lieu of actual installation or completion of the required improvements. Such guarantees may be in the form of a performance or surety bond, a certified check or any other type of surety approved by Council.
- The financial guarantees shall be in an amount equal to the estimated total cost of materials and labor required to install or construct the improvements. Such costs shall be verified by the City Engineer. When any portion of an improvement has, upon inspection, been found satisfactorily completed, a reduction in the bonds, or partial withdrawal of funds equal to the estimated costs of such completed improvements, may be authorized by Council.
- The terms of such guarantees shall be determined by the Commission; however, they shall not be for a period of more than two years unless Council, by resolution, extends the time.
- In the event the installation of all land improvements, according to the terms of the agreement, is not completed, the Municipality, upon proper notice, may complete the improvements and may take action to recover such portion of money or bonds posted for the faithful performance of such work.
Section 1107.08 Modification
The Commission may modify the application of these regulations where unusual or exceptional factors or conditions require such modification. In granting such modification, the Commission shall:
- Find that unusual topographical or exceptional physical conditions exist, and
- Find that strict compliance with these standards would create an extra hardship in the face of the exceptional conditions, and
- Permit any modification to depart from these standards only to the extent necessary to remove the extraordinary hardship, and
- Find that any modification granted will not be detrimental to the public interest or in conflict with the intent and purposes of these regulations, and
- Require such other conditions to be met by the proposed plat as the Commission may find necessary to accomplish the purposes of these regulations when modified.
Section 1107.09 Fees
Upon the filing of an application for the approval of a final plat, a fee shall be paid. Such fee shall be the sum of twenty-five dollars ($25.00) plus one dollar ($1.00) for each lot shown on the final plat.
Section 1107.99 Penalty
- Whoever willfully violates any rule or standard herein adopted by Council or fails to comply with any order issued pursuant thereto shall forfeit and pay not less than ten dollars ($10.00) or more than one thousand dollars ($1,000).
- Such sum may be recovered with costs in a civil action brought in the court of common pleas in the county in which the land lies relative to which such violation occurred, by the legal representative of the City, in the name of the City.
- Written notice shall be served upon persons acting in violation of these regulations. Such written notice shall describe the violation, remedies required and penalties provided by law.