Subdivision Regulations

Belmont County Subdivision Regulations

SECTION 1. INTRODUCTION

A. Title of Resolution. This resolution shall be known as: The

Subdivision Regulations of Belmont County, Ohio.

B. Purpose. The provisions herein set forth are adopted to secure

and provide for the co-ordination of streets within the

subdivision with existing streets and roads or with existing

county highways, for the proper amount of open spaces for

traffic, circulation, and utilities, and for the avoidance of

future congestion of population detrimental to the public health,

safety or welfare; to provide for the construction of streets,

and other facilities deemed necessary or appropriate in the

public interest. The resolution shall be administered to insure

and promote sound community growth; to protect against

deterioration and obsolescence; and to safeguard the interests of

the owners or occupants of property, the subdividers, and the

local government.

C. Mandatory Requirements and Authority. The statutory provisions

of the Ohio Revised Code, under Sections 711.001 et seq.,

prescribe certain mandatory requirements concerning the platting

of land in the State of Ohio; and in addition, authorize and

enable boards of county commissioners to adopt and enforce local

regulations and standards for the control and guidance of

platting and installation of improvement precedent to the

mandatory recording of the plat in the office of the county

recorder.

D. Approving Agency. These regulations shall be administered by

the Board of County Commissioners of Belmont County through

favorable referral to the County Engineer, the Board of Health,

and other officials or agencies of the County; and the Board may

cooperate with any municipality having territorial jurisdiction

beyond its corporate limits so as to promote and secure orderly

growth and development.

E. Jurisdiction. These regulations shall be applicable to any

person engaged in the platting, transfer or recording of land and

more particularly to the owner, or agent of the owner, engaged in

the division or improvement of land as a subdivision, and in

platting or the replatting of land, wherever such land may be

suited within the un-incorporated territory of Belmont County,

Ohio.

F. Interpretation. The provisions of these regulations shall be

held to be minimum requirements adopted for the promotion of

health, safety and welfare of the people annul or in any manner

interfere with any existing laws, zoning, resolutions, covenants

or rules provided. However, where these regulations impose a

greater restrictions than is required by such existing laws,

covenants or rules, the provisions of these regulations shall

govern. All prior resolutions or parts of resolutions of the

Board of County Commissioners setting forth platting rules or

regulations in conflict herewith are hereby repealed.

G. Amendments. The Board of County Commissioners may, on its own

motion and after public hearing, amend, supplement or change

these regulations. Notice shall be given of the time and place of

such public hearing by publication in at least one (1)newspaper

of general circulation published in Belmont County, Ohio, thirty

(30) days prior to the holding of said hearing. The amendment or

amendments shall be on file in the office of the Board of County

Commissioners for public examination during said thirty (30)

days.

H. Effective Date. These regulations were adopted by the Board of

County Commissioners on December 20, 1961 and are recorded in

Volume 39, Page 427, of the Commissioners Journal, and to become

effective on January 1, 1962.

SECTION II. DEFINITIONS

 

1. Alley. Any public or private way which normally provides rear

or side access to properties abutting on other streets.

2. Building Line (or Set-Back Line). A line generally parallel to

a street or front lot line defining the limits of a front yard in

which no structure may be placed above ground.

3. Commissioners. The Board of County Commissioners of Belmont

County, Ohio.

4. Community Plan. The comprehensive plan or a part thereof

adopted by the official Commissioners of the County, providing

recommendations for the location and development of major county

or local streets, public parks, public building sites, public

utilities, and indicating other community objectives.

5. County Road Plan. The plan showing the system of public roads

in the county as officially adopted by the Board of County

Commissioners for Belmont County, Ohio, including the proposed

opening, widening or extension of any streets or roads as may

have been declared necessary by the Commissioners in the public

interest.

6. Crosswalk. A right-of-way, dedicated to public pedestrian use,

which cuts across a long block.

7. Cul-de-sac. A dead-end street of short length having one end

open to traffic and the other end terminating in a vehicular

turnaround.

8. Easement. A grant by the property owner of the use of land for

specified purposes by the public, a corporation, or certain

persons.

9. Improvements. Pavement with or without curbs or gutters,

grading, surfacing, walks, crosswalks, water mains, sanitary and

storm sewers, street trees, and other appropriate items.

10. Lot. (A) A portion of a subdivision or other parcel of land

intended as a unit for transfer of ownership or for building

development which is designated by a number in a recorded plat

which defines its exact location and size.

(B) As used in the definition of a subdivision or exchange of

parcels between adjoining lot owners, the word lot shall also

mean land.

11. Loop Street. A U-shaped street, or court.

12. Master Plan. A comprehensive plan for future community

development prepared by or for a planning and platting commission

and adopted by it, indicating its recommendations for the uses of

private land, the general street system, transit and

transportation systems, utility systems, public open spaces and

buildings, zoning, control of land subdivision, rehabilitation

areas, and other municipal elements.

13. Official Map. A map prepared by an authorized planning

commission and adopted by the county commissioners, or a

municipal council, which shows the accurate location of the lines

of existing roads or streets, roads or streets shown on adopted

mapped-street or road plat, roads or streets shown on recorded

land subdivision plats, existing public open spaces, and proposed

roads or streets and public open spaces that are in conformity

with the Master Plan. After adoption of the official map by the

county commissioners or municipal council, all streets or roads

shown on approved and recorded final plats are automatically

added to the official map, which may also be added to or modified

by the council or county commissioners.

14. Out-lot. A parcel of ground within a municipality described

by mates and bounds and which is not a recorded lot, or a parcel

of ground on a recorded plat which may be inside or outside a

municipality and designated as an out-lot. It is usually not

ready or unsuitable for development.

15. Planning and Platting Commission. The planning and platting

commission of a city in the County of Belmont of the State of

Ohio, having jurisdiction over the area in which the proposed

subdivision is located, as defined in Sections 711.09 and 711.101

Ohio Revised Code.

16. Plat. The map, drawing, or chart on which the developer’s

plan of subdivision is presented to the county commissioners for

approval and, after such approval, to the county recorder for

recording.

17. Reserve Strip. A strip of land controlling access to or

egress from other property, (including land dedication to public

use), or to or from any street or alley, or having the effect of

restricting or damaging the adjoining property for subdivision

purposes, or which will not be taxable or assessable for special

improvements.

18. Right-of-way. The strip of land taken or dedicated for use as

a public way, measured across from property line to property

line. In addition to the roadway, it normally incorporates the

curbs, planting strips, sidewalks, lighting, and drainage

facilities, and may include special features (required by the

topography or treatment) as grade separation, landscaped areas,

viaducts and bridges.

19. Roadway. Roadway shall be considered as the portion of the

right-of-way included between the outside edges of the shoulders.

20. Sidewalk. That portion of the road right-of-way, outside the

roadway, which is paved for the use of pedestrian traffic. It

does not include the planting strip, if any.

21. Street or Road. A strip of land for the accommodation of

traffic, which normally provides vehicular and pedestrian access

to adjacent properties.

(A) Primary or Major. A road which is primarily a major traffic

artery connecting major communities and districts serving

comparatively large volumes of traffic. This includes boulevards,

parkways and limited access highways.

(B) Secondary. A street or road which serves district traffic,

connecting minor roads to the primary or major highway system and

to district centers, preferably outside or bounding

neighborhoods.

Minor. A road or street, usually of limited length, which

provides accesses to abutting properties and is intended to serve

local or neighborhood needs.

22. Subdivision. (ORC Sec. 711.001) (1) 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

(2) The improvement of one or more parcels of land for

residential, commercial or industrial structures or groups of

structures involving the division of 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.

23. Housing Development. A systematically built group of houses

or apartment buildings, especially one that includes community

facilities.

SECTION III. PRELIMINARY PLAN-PROCEDURE

 

A. General. Prior to the preparation of the preliminary plan, the

subdivider should seek the assistance of the County Engineer in

order to become familiar with the subdivision requirements and

with the street and highway plans and maps affecting the

territory in which the proposed subdivision is located. The

purpose of the preliminary plan is to show all the facts which

may enable the Commissioners to determine whether the proposed

layout of the land is satisfactory from the standpoint of the

public interest.

All required engineering and surveying work must be performed by

or under the supervision of a registered engineer or surveyor, as

the case may be, in accordance with the provision of the

Engineers and Surveyors Registration Act of the Ohio Revised

Code.

No owner, or agent of the owner, of any land within the

jurisdiction of these regulations, shall transfer any lot,

parcel, or tract of land from or in accordance with a plat of

subdivision before such plat has been approved by the

Commissioners, with such approval endorsed in writing on the plat

has been recorded in the proposed subdivision, including grading,

which may affect the arrangement of streets, utilities or changes

the natural cause of surface drainage, until he has obtained

tentative approval by the Commissioners of the proposed

subdivision plat and has met the other requirements herein set

forth.

B. Filing. The subdivider, or his agent shall submit to the

County Engineer four (4) black or blue on white prints of the

preliminary subdivision layout and supporting drawings for the

installation of required improvements. These documents shall be

considered officially filed for preliminary approval upon

determination by the County Engineer that they are in full

compliance with the formal provisions of these regulations. The

County Engineer that they are in full compliance with the formal

provisions of these regulations. The County Engineer shall retain

two (2) copies and transmit copies thereon. Upon receipt of the

reports, the County Engineer shall prepare his recommendation and

present all preliminary documents and reports to the

Commissioners for their consideration.

C. Approval. The Commissioners shall then consider the

subdivision plans with the reports thereon and either approve,

disapprove or may withhold formal action thereon within such

further time as the applying party may agree to. The ground for

refusal of approval, including citation of or reference to the

rule or regulation violated, shall be stated upon the records of

the Commissioners. The Commissioners will normally indicate its

approval by notation on one (1) copy of such plans for the

subdivider’s records.

D. Form and Size. The preliminary plan shall be clearly and

legibly drawn. The size of the preliminary maps shall be not less

than 8« by 11 inches nor more than 36 by 48 inches. (See page 9

for size of final plat). Subdivisions of six acres or less shall

be drawn at a scale of one inch equals 50 feet. All others shall

be drawn at a scale of one inch equals 100 feet, unless otherwise

authorized by the County Engineer.

E. Plan Contents. The preliminary plan shall contain the

following information:

1. Proposed name of subdivision. The name shall not duplicate any

other recorded plat of subdivision in the County.

2. Location by section, township, range, township, county and

state.

3. Lot lines, approximate dimensions, and lot numbers.

4. Names and addresses of the subdivider, owner and surveyor.

5. Scale of the plan, north arrow, and date.

6. Boundaries of the subdivision indicated by a heavy solid line

and approximate acreage therein.

7. Location, widths and names of existing or platted streets,

railroad rights-of-way, easements, parks, permanent buildings,

section and corporation limes. Street name duplications shall be

avoided.

8. Names of adjacent subdivisions and owners of adjoining parcels

of unsubdivided land.

9. Zoning districts, if any.

10. High water elevations in vicinity of rivers, creeks, or

lakes.

11. Drainage channels, wooded areas, power transmission poles and

lines, and any other significant physical features.

12. Where the preliminary plat covers only a part of the

subdivider’s entire holding, a sketch of the prospective future

system of the unsubmitted part shall be furnished and the road

system of the submitted part will be considered in the light of

adjustments and connections with the road system of the part not

submitted.

13. A vicinity map at a scale of not more than four hundred (400)

feet to the inch shall be shown on, or accompany, the preliminary

plat. This map shall show all existing subdivisions, roads, and

tract lines of acreage parcels, together with names of the record

owners of parcels of land immediately adjoining the proposed

subdivision and between it and the nearest existing

thoroughfares. It shall also show how roads in neighboring

subdivisions or undeveloped property to produce the most

advantageous development of the entire neighboring area.

F. Other Required Information.

(1) Statement of the proposed use of the building sites or lots

so as to reveal the type of residential development with the

number of dwelling units; type and extent of business, industry,

institution or other structures and their effect on traffic flow

through streets, public service facilities, fire hazards or

congestion of population.

2. Proposed covenants and restrictions.

3. Source of water supply.

4. Provisions for sewage disposal and drainage of storm water.

5. Proposed building set-back lines.

G. Vacation of Plats, or Parts Thereof. In the case of vacation

of a plat or parts thereof, as previously recorded in the office

of the Recorder of Belmont County, Ohio, the same general

procedure, rules and regulations shall apply as for a new plat.

The title of the vacation shall indicate just what is being

vacated, and the final map shall include enough of the

surrounding plat or plats to show its relation to adjoining

areas.

SECTION IV. FINAL PLAT-PROCEDURE

A. General. The final plat of the subdivision shall conform to

the approved preliminary plan. It may constitute only that

portion of the preliminary plan which the subdivider proposes to

record and develop at that particular time, provided that such

portion conforms with all the requirements of these regulations.

B. Filing. After receiving notice from the Commissioners that the

preliminary plan has been approved, the subdivider may then

proceed to prepare and file:

1. Copies of the final plat of subdivision as required by the

Commissioners.

2. Written application requesting final approval.

3. Street cross-sections, profiles, specifications and other

construction drawings related to the improvements to be installed

in the subdivision.

All such final documents shall be filed with the County Engineer,

who shall forward copies to the Board of Health, and to the other

County or City officials, as may be involved, for study and

recommendations thereon.

A plat map, together with the reports and other required

documents, shall be submitted by the County Engineer to the

Commissioners for final approval.

C. Approval. The final tracing and other required documents shall

be submitted at least five (5) working days prior to the meeting

at which the plat is to be considered by the Commissioners. The

Commissioners shall act upon the final plat in the form of a

tracing within thirty (30) days after the same has been

officially submitted and filed; otherwise, and plat shall be

deemed to have been approved. The certificate of the

Commissioners as to date of the submission of the plat for

approval, and the failure to take action within such time, shall

be sufficient in lieu of the written endorsement or evidence of

approval herein required. If disapproved, the ground for

disapproval of the final plat of subdivision shall be stated on

the record of the Commissioners, including reference to the

regulation violated by the plat.

D. Recording of Plat. The final plat of the subdivision, when

approved by the Commissioners, shall have such approval endorsed

thereon, whereupon said tracing shall be retained by the County

until it is delivered to the County Recorder for record and until

the subdivider has furnished one (1) photlitho-print or other

acceptable reproduction of acceptable size for the record file of

the County Engineer.

All fees required in connection with recording or reproduction of

said plat shall be paid by the subdivider.

E. Form and Size. The final plat of subdivision shall be clearly

and legibly drawn in India ink on tracing cloth or other

acceptable material. The scale shall conform to the same

specifications as for the preliminary plan. The size of the final

plat shall be either 22 inches by 24 inches or 24 inches by 36

inches. Marginal lines shall be drawn around the entire sheet,

leaving a margin of two (2) inches on the left edge and one (1)

inch on all other edges. If more than one sheet is needed, each

sheet shall be numbered, the relation of one sheet to another

clearly shown, and the number of sheets used shall be set forth

in the title of the plat.

F. Map Contents. The final plat of subdivision shall contain the

following information:

1. Name of the subdivision; location by section, township, range,

township, county, state; scale, date and north arrow.

2. Tract and plat boundary lines, with length of courses to 1/100

feet and bearings to minutes.

3. Bearings and distances to a section or quarter section corner,

or to a recorded allotment; also a bearing on the section or

quarter section line; or if tied into a recorded allotment, a

bearing on a street or lot line of said allotment.

4. Municipal, township, county, or section lines, accurately tied

to the lines of the subdivision by distances and bearings.

5. Names and right-of-way width of each street.

6. Length of all acres, chord bearings, radii, points of

curvature and tangent bearings.

7. All easements for rights-of-way provided for public services

or utilities, and any limitations of such easement.

8. All easements for access or open spaces established for common

use of the occupants or owners, within the plat.

9. All lot numbers and lines to identify each lot with precise

property dimensions in feet and hundredths, and bearings on all

lots, out-lots, streets, alleys or crosswalk-way lines. All lots

shall be numbered consecutively starting with the number one (1)

or with the next larger number in case of an addition to an

already recorded plat by the same owner. In case of replats or

the vacation of a plat, the developer shall consult with and

follow the instructions of the County Recorder or Auditor as may

be involved. Out-lots, if any, shall be designated by letters.

10. Precise location and description of all monuments, as

required by Section 711.03, Revised Code of Ohio.

11. Accurate outlines of any areas to be dedicated or temporarily

reserved for public use with the purpose indicated thereon.

12. Minimum or intended building setback lines on all lots or

out-lots.

13. Protective covenants shall normally be shown on the plat or

they may be recorded as a part thereof in the form of a separate

instrument provided appropriate reference thereto is plainly

shown on the plat. A time line with option to change should be

included.

14. Certification by a registered, professional civil engineer or

surveyor to the effect that the plat represents a correct survey

made by him and that all the monuments shown thereon actually

exist, and that their location, size, and material are as shown.

(See Form)

15. Notarized certification by the owner or owners, and any dower

interest, of the adoption of the plat and the dedication of

streets and other public areas. (Section 711.04, Ohio Revised

Code). All such signatures shall be written with India ink. (See

Form)

16. Approval of plat by Belmont County Commissioners. (See Form)

17. Approval of plat by County Engineer. (See Form)

18. Approval of Secretary of Township Zoning Commission in any

townships having zoning. (See Form)

19. Approval by Secretary of Planning Commission within the

three-mile limit of a city. (See Form) – Ohio Revised Code

711.09.

20. Proper notations for transfer and recording by the County

Auditor and the County Recorder. (See Form)

21. A table showing the total acreage contained in subdivision,

the acreage in lots and the acreage in roads.

If the subdivision is in two sections, then the above-mentioned

acreage shall be shown for each section. If the subdivision is

within portions of more than one tract, proper notations of

acreage shall be made to facilitate transfer.

SECTION V. DESIGN STANDARDS & DETAILS

 

A. General Requirements.

1. Conformity with County Plan. The arrangement, character,

width, grade, and location of all streets shall conform to the

public road system of the County, or plans for the opening,

widening, or extension of any street, road or major therefore as

adopted by the Commissioners in the public interest. Whenever a

tract to be subdivided includes any part of such therefore as

approved or shown on the adopted plan such part shall be

dedicated to the public for street purposes by the subdivider.

2. Continuation of Existing Streets. Proposed streets shall, as

near as practicable, provide for the continuation, connection, or

projection of streets in surrounding areas, or conform to the

plan for the neighborhood as may have been approved by the County

Engineer and adopted by the Commissioners.

3. Circulation. The street pattern shall provide ease of

circulation within the subdivision, but the minor streets therein

shall be so laid out that their use by through traffic will be

discouraged. Insofar as practical, the street arrangement should

provide proper access to schools, playgrounds, transportation and

other community features. New streets openings shall generally be

prohibited within 600 feet of any major intersection or crossing

such as those formed by a railroad and a highway, two or more

highways or from the head of any major bridge, grade separation

structure or like facilities, are measured along the center line

from the intersection or from such structures.

4. Street Intersections. Streets shall intersect one another at

an angle as near to a right angle as practicable.

5. Street Jog. Street jogs shall be avoided whenever possible.

6. Half Streets. Half streets shall be prohibited. In case a half

street is adjacant to a tract to be subdivided, the other half of

the street shall be platted within such tract.

7. Topographical and Cultural Features. In sloping terrain,

streets shall generally run parallel to the contour of the land

or preferably cross at a slight angle therewith. The general

objectives are to avoid steep street grades, heavy concentrations

of storm surface runoff, abnormal differential in building

elevations at opposite sides of the street, and excessive grading

operations. Appropriate treatment shall be given to encourage the

preservation of existing views, wooded areas, creeks, and other

attractive natural features of the plat.

8. Alleys. Alleys in residential developments will generally be

prohibited. Service roadways will be required in commercial and

industrial developments, except where other provisions for

suitable access and off street loading and unloading is assured.

9. Dead-end Streets. Dead-end streets, designed to be so

permanently, shall generally be prohibited. In case where a

street over 150 feet in length is to be temporarily dead-ended,

an interim turn-around will be required. A notation shall be

placed on the final recorded plat that such temporary or interim

turn-around area shall automatically be vacated upon authorized

extension and construction of the street, and said area shall

revert to abutting property owner or owners.

10. Cul-de-sac Streets. The length of a cul-de-sac street shall

normally not be greater than 1200 feet, as measured from its

intersection with another street to the start of the circular

turn-around area.

11. Relation to Major or Primary Streets. Where a subdivision

abuts or contains an existing or proposed arterial street,

involving heavy volumes of high speed vehicular traffic, the

Commissioners may require marginal access streets, or a reverse

lot frontage with screen planting or masonry wall contained in a

nonaccess reservation along the rear property line, and such

other treatment as may be necessary for adequate protection of

the proposed industrial, commercial or residential development to

assure separation of through and local traffic. Before requiring

any marginal streets or reverse frontage arrangements, the

Commissioners shall take into account and decide upon the

physical location of the major utility lines as they relate to

the existing and potential development along both sides of the

highway.

12. Frontage Along Railroads. Where a subdivision borders on a

railroad right-of-way, the Commissioners may require a street

approximately parallel to the side of such right-of-way, and at a

reasonable distance therefrom, dependent on the nature and

intended use of the subdivision. Such distance shall also be

determined with due regard for the requirements of future grade

separation facilities and access roads or ramps thereto.

13. Public Sites and Open Spaces. Where a proposed park,

playground, school or other public use shown in a General

Community Plan is located in whole be in part in a subdivision,

the Commissioners may require the dedication or reservation of

such area within the subdivision in those cases in which the

Commissioners deem such requirement to be reasonable.

B. Dimensional Standards:

1. Typical Street Standards. The Commissioners will determine the

required minimum dimensional standards of all rights-of-way,

pavements, and other public improvements but shall consider the

advice and recommendations of the County Engineer in doing so.

The typical street requirements shall be as follows:

a. Primary or Major Streets. Not less than 80 feet right-of-way.

As the geometrical design, pavement and right-of-way widths may

vary considerably over that of a typical minor street, the

Commissioners shall decide upon the pavement width and portion

that shall be done by the developer. In doing so, the

Commissioners shall take into account the location, extent and

character of the proposed development; the degree to which the

proposed lots or land use is to be serviced from or otherwise has

access on the major streets; the number of anticipated employees;

and the extent of vehicular traffic that may be generated by such

improvement or subdivision upon such major street or streets. The

Commissioners, in determining the amount of participation that

shall be made by the subdivider, shall also take into account the

cost and participation involved in the trunk sewers and possible

extra cost in length of service connections, driveway aprons,

etc.

B. Secondary Streets. Not less than 60 feet right-of-way.

C. Minor Streets. 40 to 60 feet right of way.

D. Cul-de-sac or Turnaround. The minimum right-of-way provided

for the turnaround shall be 80 feet (diameter). The area

encompassed in the segments of the turnaround lying outside the

right-of-way of the road shall be in the nature of an easement

for road purposes and revert to the abutting property owners when

the road is legally extended, unless due to conditions of terrain

or design it would be more desirable to retain the turnaround.

E. Alleys. Minimum 24 foot right-of-way.

F. Crosswalks. 24 foot right-of-way with at least 5 foot paved

walkway along centerline.

G. Easements. Easements across lots or centered on rear or side

lot lines shall be provided for utilities where necessary and

shall be at least 10 feet wide. Easements shall also be provided

for water courses, channels, or streams, and shall be adequate

for the purpose.

2. Grades. Minimum grades on any road or street shall be one half

of one percent at gutters for purpose of drainage. Maximum grades

on any road or street shall not be generally greater than twelve

percent. Only in extreme cases and with proper justification will

the Board of County Commissioners consider grades more than

twelve percent.

3. Intersections. Property lines at street or alley intersections

shall be rounded with a radius of at least 13 feet and curbs, if

required, or edges of street pavements shall be rounded by radii

of at least 25 feet for residential, and 52 feet for industrial

or major street intersections.

C. Blocks and Lots.

1. Blocks.

A. Block lengths should usually not exceed 1600 feet, or be less

than 600 feet. Pedestrian crosswalks may be required under

certain conditions, but should be avoided through proper block

length and street arrangement whenever possible.

B. The width of a block shall normally be sufficient to allow two

tiers of lots; or to provide for the off-street parking and

service facilities required by the type of use and development

contemplated.

C. The depth and width of properties laid out or reserved for

commercial and industrial purposes shall be adequate to provide

for the off-street parking and service facilities required by the

type of use and development contemplated. The permanent

reservation of suitable buffer and easement areas may be

required, where deemed essential. Such areas shall normally be

made a part of abutting lots or building sites.

2. Lots.

A. Size, Shape and Orientation.

The lot size, width, depth, shape, orientation, and the minimum

building setback lines shall be appropriate for the location of

the subdivision and type of development and use contemplated. A

length and width ratio of approximately 2 « to 1 is considered

desirable. Lot depth in relation to width shall normally not

exceed a ratio of 3 « to 1.

B. Lot Dimensions.

So as to conform to sound and acceptable community practices and

standards, it is recommended that the minimum lot size not be

less than those specified in the following table:

Type of

Development

Sewer and

WaterAvailable

Public Water

or Sewer

Available

Public Water &

Sewer Not

Available

Single Family

60′ frontage

7,500 sq. Ft.

70′ frontage

10,000 sq. Ft.

100′ frontage

20,000 sq. Ft.

Two-Family

65′ frontage

8,000 sq. Ft.

70′ frontage

10,000 sq. Ft.

100′ frontage

20,000 sq. Ft.

Multi-Family

(4 families)

75′ frontage

10,000 sq. Ft.

100′ frontage

20,000 sq. Ft.

150′ frontage

30,000 sq. Ft.

Multi-Family

(in excess of

4 families)

TO BE

ESTABLISHED BY

COMMISSIONERS

ON BASIS OF

POPULATION

DENSITY

( All frontage

to be measured

at building

line.)

C. Corner Lots. Corner lots shall have a proportionate greater

width than normal within-the-block lots in order to permit

appropriate building setback from and orientation to both

streets.

D. Side Lot Lines. Side lot lines shall normally be at right

angles to the street or radial to curved streets, except when

natural or cultural features suggest other suitable and

appropriate locations.

E. Double Frontage Lots. Double frontage lots shall be avoided

except where essential to provide separation of residential

development from major arteries or specific disadvantage of

topography.

F. Building Setback Line.

1. Building setback lines shall be at least 30 feet in depth.

Setbacks of 35 to 40 feet are recommended along minor and

secondary streets, and at least 50 feet along major highways.

They shall be shown on the plat and reference thereto made in the

deed restrictions. Where the terrain warrants, the Commissioners

will consider setback lines less than 30 feet after favorable

referral by the County Engineer.

2. The established setback for detached accessory buildings at

the rear of a corner lot shall not be closer to the street than

the existing or established setback line for the main building on

the adjoining butt lot.

G. Access to Streets. Every lot shall normally abut for at least

50 feet on a public street, or it shall have an exclusive

unobstructed private easement of access or right-of-way at least

20 feet wide to a public street for a one-family dwelling

provided the Commissioners are satisfied that the arrangement

will not result in a hazardous or inaccessible condition in terms

of emergency, equipment nor be in conflict with the continuity of

the public street system; provided further that such private

street, way, or grounds are expressly indicated as for the

exclusive use of the abutting or other owner; and a 40 foot

building setback line is also shown along both sides and the

closed end of such area or areas.

SECTION VI. REQUIRED IMPROVEMENT

 

A. General. Unless otherwise expressly indicated, the developer

shall furnish all plans, specifications, cost estimates, and

other essential documents necessary for the construction and

installation of the required improvements. And further, the

subdivider shall agree at his own cost and expense, to do all the

work, furnish all the materials and labor necessary to construct

and complete the required improvements in a good and substantial

manner to the satisfaction of the County Engineer.

1. Specifications, Supervision and Inspection. The specifications

of the county shall in all respects govern all construction work.

The work shall be done under county supervision and inspection.

It shall be completed within the time fixed or agreed upon by the

County Engineer.

2. Inspection of Costs. The cost of county inspection shall be

paid by the subdivider, the amount of which shall not exceed

$50.00 which shall be deposited in advance with the County

Treasurer or otherwise secured as hereinafter mentioned, said

Engineer will pass upon and recommend to the Commissioners that

said plat, if otherwise conforming to these platting rules and

regulations, be approved.

3. Recommendation and Approval. It shall be competent for the

County Engineer to recommend the final plat of subdivision, to

the person or persons making same, to the effect that, whenever

the required improvements are properly made or otherwise secured

as hereinafter mentioned, said Engineer will pass upon and

recommend to the Commissioners that said plat, if otherwise

conforming to these platting rules and regulations, be approved.

B. Streets. All grading, surfacing, drainage structures or other

improvements required or involved in the opening, widening or

extension of any street, road or public way shall be of such

size, width, thickness, character and type deemed by the

Commissioners, upon the recommendations of the County Engineer,

to be suitable and appropriate to the intended use and

development, and consistent with the standards and specifications

set forth in these rules and regulations. (See typical section of

allotment streets attached hereto.)

C. Seeding and Protecting. Berms, ditches and slopes resulting

from the opening, widening or extension of any street grading or

improvement operations should be protected against soil erosion

by seeding or other protective methods.

D. Storm Drainage. Storm drainage, including drain tile around

basements, shall not be permitted to empty into any sanitary

sewer. Where a public storm water sewer is reasonably accessible,

as determined by the Commissioners, the subdivider shall connect

with such storm drainage system and shall do such grading and

provide such drainage structures including lateral connections as

may be required by the County Engineer. Where a public storm

water system is not reasonably accessible as determined by the

Commissioners, but where the plans for the storm water drainage

system of the district in which the subdivision is located have

been prepared and officially approved, the subdivider shall

install drainage facilities as may be required by the County

Engineer in conformity with such official plans.

If the subdivision is in an area where public storm water system

is not available, the subdivider shall do such grading and

provide such drainage structures as may be required by the County

Engineer. Whenever the construction of streets and necessary

storm water system in a subdivision is such that direction of

storm water flow is diverted and affects surrounding properties,

the developer shall obtain sufficient drainage easements to

provide adequate disposal of the storm water.

E. Sewer Disposal.

1. Sanitary Sewers. If a subdivision can be reasonably served by

the extension of an existing public sanitary sewer, as determined

by the Commissioners, the developer shall provide a system of

sanitary sewer mains and shall provide lateral connections for

each lot or potential building site. Where a public sanitary

sewer is not reasonably accessible:

A) The Commissioners may, after obtaining and considering reports

from the local or state Board of Health agencies as involved,

refuse to permit the area to be developed for any purpose deemed

detrimental to the health and general welfare of the surrounding

community.

B) Or, the Commissioners may approve the subdivision plat

provided appropriate provisions or arrangements have been made

for the installation of septic tanks for each lot or building

site and provided further that such arrangements are made in

accordance with local and state Board of Health requirements.

2. Individual Septic Tank Facilities. In the event the

installation of individual disposal systems shall be considered,

the ability of the soil, surface drainage and topography shall be

the criteria for determining whether or not the installation of

individual septic tank disposal systems are feasible. It shall be

the responsibility of the developer to furnish the topographical

map, if required, and other information and data; to obtain or

perform all tests in accordance with the requirements of the

local or state Board of Health. All private home sewage disposal

systems shall be installed in accordance with the requirements of

the Belmont County Health Department.

In all case where it has been determined by the local Board of

Health that individual septic tank disposal systems are not

feasible, a group sewage disposal system may be required.

3. Group Sewage Disposal Facilities. Group sewage disposal

systems shall meet the requirements of the State Department of

Health as cited in Sections 3710.18 to 3701.21 inclusive, of the

Revised Code Title XXXVII, Health-Safety-Morals, of the State of

Ohio.

Group sewage disposal systems may be accepted for maintenance and

operation by the Commissioners if the ownership is vested in the

County, and if the disposal system has been constructed according

to specifications, and provided it has been approved by the

County Engineer.

The provision of this and other related sections are not intended

to place any obligation, liability or responsibility upon the

Commissioners or other county officials for accepting the

operation or maintenance of such systems. In cases where the

Commissioners decide to accept such responsibilities, they may

specify the conditions of such acceptance.

F. Water Supply.

1. Public Water Supply. Where public water supply is available

and within reasonable distance, as determined by the

Commissioners, the developer shall construct a system of water

mains and fire hydrants and connect with such public water supply

under the terms and conditions of the public water district or

authority controlling same.

2. Location and Construction of Individual Private Wells.Individual private wells shall be located at least twenty-five

(25) feet from property lines; fifty (50) feet from all septic

tanks; approximately one hundred (100) feet from all tile

disposal field and other sewage disposal facilities, depending on

terrain; ten (10) feet from all cast iron sewer lines; thirty

(30) feet from any vitrified sewer tile lines, and shall not be

located within any flood plain.

As a precaution against seepage, a water-tight seal shall be

provided around the pump mounting.

All abandoned wells shall be sealed in a manner that will render

them watertight. In all cases where it has been determined that

individual water supplies from private wells are not feasible, a

public water distribution system will be required.

3. Public Water Distribution System. Public wells and other

public water distribution systems shall meet the requirements of

the State Department of Health as cited in Section 3701.08 to

3701.21 inclusive, of the Revised Code, Title XXXVII, Health-

Safety-Morals of the State of Ohio.

G. Survey and Monuments. A complete survey shall be made by a

registered surveyor. The transverse of the exterior boundaries of

the tract and of each block, when computed from field

measurements of the ground, shall close within a limit of error

of one (1) foot to five thousand (5000) of the perimeter before

balancing the survey.

A minimum of four concrete monuments shall be set in each plat of

ten lots or less and create monuments shall be at least thirty

inches long. Said monuments shall have a one inch pipe or steel

rod set in and running through same. The bottom of all concrete

monuments shall be at least thirty inches below finished grade.

The corners of each lot, including any change of direction or

point of curve, shall be marked with iron rods at least 3/4

inches in diameter and at least 30 inches in length, and unless

said corner is occupied by a monument.

H. Street Signs. If required by the Board of County

Commissioners, the developer shall place on deposit, or arrange

as a part of the bond agreement, sufficient funds to cover the

cost of purchases, delivery and installation of all required

street name signs. Such signs shall conform to the standards

adopted by the County.

SECTION VII. GENERAL PROVISIONS

 

A. Miscellaneous Plat Approval- “No Plat Required”. (See Section

711.131).

1. Notwithstanding the provision herein set forth, a proposed

division of a parcel of land along an existing public street, not

involving the opening, widening or extension of any street or

road, and involving no more than five lots after the original

tract has been completely subdivided, may be submitted to the

Commissioners without plat. The Commissioners acting through the

County Engineer, as its designated representative, may approve

the proposed conveyance if the Engineer is satisfied that such

division is not contrary to any applicable platting, subdividing

or zoning regulations, which shall include the County Street

Plan, or any rule or regulation which the Commissioners may have

adopted for the processing of such divisions or the conduct of

its business.

The applicant shall submit a sketch plat or plat map showing the

division of such land in graphic dimensional form. This map shall

be certified by a registered surveyor as to its correctness and

shall contain information as is pertinent to its determination

hereunder. When the County Engineer is satisfied with the

information submitted for his determination, he shall in seven

working days after such submission approve such proposed

subdivision. Evidence of approval by the County Engineer will be

indicated by a stamp reading, “No Plat Required”, Board of

Commissioners of Belmont County, Ohio.

, .

(Signature) (Date)

Either a plat of the division or the deed of transfer, which has

been thus stamped, shall constitute approval under this section.

If such conveyance is not submitted for recording in the office

of the County Recorder within 30 days of such approval, the

approval as provided for herein shall be null and void.

B. Land Subject to Inundation.

Land subject to inundation or flood hazards by storm water shall

not be platted for residential occupancy, nor for such other uses

as may increase danger to health, life, or property, or aggravate

the flood hazard. Such land within the plat should be withheld or

otherwise set aside for such uses as will not be endangered by

periodic or occasional inundation.

C. Responsibility of Public Agencies to Provide Service.

If the County Engineer or County Health Commissioner find upon

inspection that any of the improvements being installed and

constructed, or upon completion are not in accordance with the

plans, specifications or plat in the form in which they were

approved, the responsibility of the County and or Township to

provide services and utilities shall cease.

D. Sale and Lease of Lots – May be Withheld. (See Section 711.101

ORC)

When the improvements within a proposed public street or within

an existing public street do not conform to the standards and

specifications as adopted by the Board of County Commissioners

for the construction of public street, curb, gutters, sidewalks,

street lights, water mains, storm sewers, and other utility

mains, piping, and other facilities, the Commissioners may

require complete or partial installation of such improvements,

and may make such installations a condition precedent to the sale

or lease of lots in such subdivisions or the issuance of a

building permit for the improvement of such lot or lots thereon;

and further may require in lieu of actual construction a

performance agreement and the furnishing of a performance bond or

other guarantee of security for the purpose of assuring the

installation of such improvements deemed necessary or appropriate

in the public interest.

E. Reserve or “Devil Strips”.

Narrow reserve strips of land, commonly called devil strips,

which are intended by the owner of a plat to prevent access to

streets or the extension of sewer, water or storm drain lines

from one plat to another shall be prohibited. The Commissioners

or the County Engineer, acting for them, shall not authorize the

division of any land at the terminal or closed end of any stub-

end street which division would tend to prevent the appropriate

extension of such stub-ended street into abutting or adjoining

territory.

F. Variances and Modifications.

Where the Commissioners find in specific cases, due to unusual

topography or other exceptional conditions not common to other

areas similarly situated, that extraordinary hardships may result

from strict compliance with these regulations, it may vary the

regulations so that substantial justice may be done and the

public interest secured; provided that such variation will not

have the effect of nullifying the intent and purpose of these

regulations, the County Road Plan, or jeopardize the safety or

health of the community.

G. Large Scale Developments.

The standards and requirements of these regulations may be

modified by the Commissioners in the case of a plan and program

for a complete community, or a neighborhood unit.

Such plans shall provide adequate public spaces and improvements

for circulation, recreation, light, air and the service needs of

the tract when fully developed and populated and appropriate

covenants or other legal provisions of any zoning resolution. The

Commissioners may take into account that, although some of the

lots or building sites may not strictly conform or comply to the

specific requirements or standards, the design, layout, and

standards as used may present a substantial, appropriate or sound

community development.

H. Conditions of Variance and Modification.

1. In granting variances and modifications, the Commissioners may

require such conditions as will, in its independent judgement,

secure substantially the objectives of the standards or

requirements so varied or modified.

2. Before deciding upon any such variances or modifications, the

Commissioners shall give notice to abutting property owners or

other persons substantially interested in the proposed change, s

Commissioners may determine, or it may hold a public hearing

thereon.

SECTION VIII. STANDARD FORMS

 

The following forms have been suggested by the Commissioners for

use on final subdivision plats. Wording should be adjusted to

suit circumstances.

A. Certificate of Engineer or Surveyor.

The within plat is a subdivision of ____ acres conveyed to

_______ by deed as recorded in Deed Book _____, Page ___ in the

deed records of Belmont County, Ohio.

The above mentioned tract of land was conveyed by ______ (name of

grantor) ____.

Acreage contained in dedicated roads is ____ acres.

Acreage contained in lots ____ acres.

Acreage contained in public park is _____ acres.

Total acreage is ______

I, hereby, certify that this map is a true and correct survey

made by me on _date__; that all monuments are set as shown. (See

Page 10, Item 14)

(Sign, using India Ink)

————————-

Registered Surveyor No.

B. Owner’s Consent and Dedication.

We, the undersigned, being all of the owners of the lands herein

platted, do hereby voluntarily consent to the execution and

recording of the said plat and do dedicate the street, (Park or

public grounds), as shown hereon to the public use forever. We

also hereby dedicate easements, to run with land, for water,

sewer, gas, electric, telephone, or other public utility lines or

services under, on or over those certain strips of land

designated hereon as “Utility Easements.”

The area encompassed in the segments of the turnaround circle

laying outside the ____ foot right-of-way shall be in the nature

of an easement for road purposes and shall revert to the abutting

property owners when the road is legally extended beyond the

limits of this plat.

(Sign, using India Ink) (Sign, using India Ink)

———————– ———————–

Witness

———————- ———————–

Witness (Dower interest also sign)

(If there is more than one owner, it may be necessary to

designate, beside their signatures or in some other acceptable

manner, the portions of the plat owned).

STATE OF OHIO

BELMONT COUNTY SS:

Be it remembered that on this ____ day of ____ , 19__, before me

the undersigned, a notary public in and for said county and

state, personally came ____________ and ___________ who

acknowledged that they did sign the foregoing plat and that the

same is their free act and deed.

In testimony whereof, I have set may hand and notary seal on the

day and date above written.

____________________

Notary Public in and

for Belmont County, Ohio

—————————————————————–

Note : Within the three mile limit of a City (When required by

Law) the following shall be on the plat also.

Approved by the ____________ City Planning Commission

Date ____________, 19 __.

___________________

Secretary

—————————————————————–

County Engineer.

Approved for Record _____________________________________________

Belmont County Engineer

Date __________, 19 ___.

—————————————————————–

County Commissioners.

Approved for Record, subject to the rules and regulations

governing the platting of subdivisions of land.

BELMONT

COUNTY _____________________________

COMMISSIONERS _____________________________

Date _________ , 19 __ _____________________________

—————————————————————–

County Auditor.

Transferred by Belmont County Auditor.

Date ________________, 19 ___. Fee ____

—————————————————————–

County Recorder.

No. _______

Received for Record ____________, 19 __, at ______ o’clock __ M.

Recorded ________, 19__.

In Belmont County Record of Plats.

Volume ________, Page ___.

__________________ Recorder.

—————————————————————–

C. Agreement- Construction of Improvements.

New Subdivision or Section Thereof

THIS AGREEMENT, entered into this ____ day of _______, 19__, by

and between the County of Belmont, a political subdivision of the

State of Ohio, by the Board of County Commissioners thereof,

hereinafter called the Commissioners, and ___________ hereinafter

called the SUBDIVIDER.

WITNESSETH:

 

In consideration of the mutual promises herein contained, the

Commissioners, on behalf of Belmont County, and the SUBDIVIDER,

on behalf of (himself)(herself) (his)(her) heirs, executors and

assigns, (do)(does) hereby covenant and agree as follows:

Article 1. THE COMMISSIONERS, upon execution of this AGREEMENT

and the bond for the faithful performance of this agreement,

agree to release the SUBDIVIDER’S plat of subdivision entitled

______________ as stated in __________ Township, Section

_________T. ________R. __________ Belmont County, Ohio, for

filing and recording in the office of County Recorder prior to

the completion of the public improvements shown on the above

named Plat, and those further shown and set forth to be done and

performed by the engineering drawings and specifications marked

as follows, all of which are hereby made a part hereof:

NAME OF DRAWING DRAWING NO.

—————————————————————————————————————————————————————————————————

SPECIFICATIONS

—————————————————————————————————————————————————————————————————

And said work shall include construction of approximately:

_____________________Sq. Ft. of _________________________

_____________________Lin. Ft. of ________________________

_____________________Lin. Ft of _________________________

_____________________Sq. Yds. Of ________________________

Article 2. The subdivider agrees at his own cost and expense to

do all the work, as hereinbefore described and under the

conditions express in any material and labor or faithful

performance bond executed therefor, and to furnish all the

materials (except such as are mentioned in the specifications to

be furnished by the COMMISSIONERS) necessary to construct and

complete such work in a good and substantial manner to the

satisfaction if the COUNTY ENGINEER.

And further as may be applicable, all streets, alleys, and other

public ways shall be graded to their full width, including side

slopes, to a grade approved by the County Engineer; the roadways

shall be crowned, proper base course constructed, or otherwise

improved to the specifications and satisfaction of the County

Engineer; underwise storm water drainage, such as slices,

culverts, or pipe sewers in order to eliminate the collection of

surface water in any low area and to take care of the drainage of

any natural water course, made necessary by the grading of the

street, shall be constructed, and sanitary sewers and water mains

and connections for both shall be installed in accordance with

approved lot layout.

Article 3. The SUBDIVIDER agrees to perform all work within a

period of two years from the date of this agreement, which is

hereby fixed by the COMMISSIONERS as a reasonable period, but an

extension of time may be granted if approved by the

COMMISSIONERS.

Article 4. The SUBDIVIDER agrees further to execute bond, equal

to the cost of construction of improvements based on an estimate

furnished or acceptable to the County Engineer, and to the

satisfaction of the COMMISSIONERS, to insure the faithful

performance of this agreement.

___________________

Witness

_________________ _________________________

Witness Subdivider

Attest: ________________________

President -Board of County

Commissioners for Belmont County, Ohio

——————-

NOTE: In case the PLAT OF SUBDIVISION is located within the 3

mile zone, the required Bond and Agreement should be secured by

the Board of County Commissioners and acceptance of work should

be by the County Engineer, except as the City desires the work to

be accomplished in some other manner.

D. Bond for Faithful Performance of Agreement.

KNOW ALL MEN BY THESE PRESENTS:

That we ___________ as principal, and ______________ as Surety,

are held and firmly bound unto the County of Belmont, and State

of Ohio, in the just and the full sum of _____ ($___) for the

payment whereof, well and truly to be made, said Principal and

Surety bind themselves, their heirs, administrators, successors

and assigns, jointly obligation is such that:

The condition of the foregoing obligation is such that:

WHEREAS, said Principal will make the following improvements: All

public improvements and other work as set forth to be done and

performed in accordance with the plans, specifications and

provisions of the agreement executed between said Principal and

the Principal and the Board of County Commissioners, for the

development and improvement in __ (Name of Subdivision Plat) ____

stated in Section __, Township _______, Range ____, Township

____, Belmont County, Ohio.

NOW, THEREFORE, if the above bounded Principal shall fully and

faithfully perform all work specified to be done and performed by

the agreement executed between the Principal of this Bond and the

Board of County Commissioners of Belmont County Ohio, and within

the time prescribed, and in accordance with the plans,

specifications and provisions therefor, to which reference is

here made, the same being a part thereof, as if fully

incorporated herein; then this obligation shall be void upon the

delivery to the Principal of a statement signed by the County

Engineer of the completion to the satisfaction of the County

Engineer; otherwise to remain in full force and effect in law; it

being expressed understood and agreed that the liability of the

surety for any and or all claims hereunder shall in no event

exceed the penal amount of this obligation as herein stated.

The said Surety hereby stipulates and agrees that no

modifications, omissions or additions, in or to the terms of said

agreement, or in or to the plans or specifications therefrom or

any extension of time, shall in any wise affect the obligations

of said Surety on its bond.

WITNESS OUR HANDS THIS ______ day of ________, 19 __.

PRINCIPAL

___________________________

____________________________

SURETY

—————————————————————–

(This form shall not appear on any plat unless authorized to be

placed thereon by the County Engineer)

ACCEPTANCE OF STREETS

ALLOTMENT NAME & IDENTIFICATION

 

This will certify that upon request of the owner and developer of

the lands dedicated as public street or streets, in the

__________, that we, in conjunction with the Belmont County

Engineer, have checked said street or streets and find that it or

they substantially conform to the specifications set forth on the

plat or plats which are in accord with Rules and Regulations

(now) approved by the Board of Belmont County Commissioners, and

in effect that such street or streets are in good repair; and

further endorsement shall constitute an acceptance of said street

or streets for public use by Belmont County and _________________

__________________, 19 __ (Date of Inspection)

Dated __________________________

Dated: __________________ __________________________

__________________ __________________________

SECTION IX. VIOLATIONS AND PENALTIES

 

Inasmuch as the citizens of Belmont County, Ohio, are not

generally informed as to the laws regulating the platting and

subdivision of land, the following sections of the Revised Code

of Ohio concerning matters of violations and penalties are quoted

below:

O.R.C. Section 711.102. Violations of Rules and Regulations.

Whoever violates any rule or regulation adopted by the

legislative authority of a municipal corporation or a board of

County Commissioners pursuant to section 700.101 of the revised

code or fails to comply with any order issued pursuant thereto,

shall forfeit and pay not less than Ten nor more than One

Thousand Dollars.

Such sum may be recovered with costs in a civil action brought in

a court of common pleas of the county in which the land lies

relative to which such violation occurred, by the legal

representative of the village, city or county, in the name of

such village, city or county for the use thereof.

O.R.C. Section 711.09. Planning Commission or Legislative

Authority to Approve Plat.

The approval of the planning commission, platting commissioner,

or the legislative authority of a village, required by this

section, or the refusal to approve, shall be endorsed on the plat

within such further time as the applying party may agree to;

otherwise such plat is deemed approved, and the certificate of

the planning commission, platting commissioner or the clerk of

such legislative authority, as to the date of the submission of

the plat for approval and the failure to take action thereon

within such time, shall be issued on demand and shall be

sufficient in lieu of the written indorsement or other evidence

of approval required by this section. The ground of refusal or

approval of any plat submitted, including citation of , or

reference to the rule or regulation violated by the plat, shall

be stated upon the record of the commission, commissioner, or

legislative authority.

O.R.C. Section 711.12. Forfeiture for Wrongfully Recording Plats.

A county recorder who records a plat contrary to sections 711.01

ti 711.38, inclusive, of the Revised Code, shall forfeit and pay

not less than One Hundred Dollars to be recovered, with costs in

a civil action by the prosecuting attorney in the name and for

the use of the county.

O.R.C. Section711.121. Conveyances Contrary to Plat Law.

The county auditor and the county recorder shall not transfer

property or record deeds or leases which attempt to convey

property contrary to the provisions of Chapter 711. of the

Revised Code. In case of doubt, the county auditor or county

recorder may require the person presenting such deed or lease to

give evidence of the legality of a conveyance by metes and bounds

by an affidavit as to the facts which exempt such conveyance from

the provisions of Chapter 711. of the Revised Code.

O.R.C. Section 711.13. Transfer of Land Before Recording:

Forfeiture.

Whoever, being the owner or agent of the owner of any land within

or without a municipal corporation, willfully transfers any lot,

parcel, or tract of such land from or in accordance with a plat

of a subdivision as specifically defined in this chapter, before

such plat has been recorded in the office of the county recorder,

shall forfeit and pay sum of not less than Ten nor more than Five

Hundred Dollars for each lot, parcel, or other 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 forfeiture provided in this section.

If such land is within a municipal corporation, such sum may be

recovered in a civil action, brought in any court of competent

jurisdiction by the city solicitor or other corresponding

official of the municipal corporation, and for the use of the

street repair fund thereof.

If the land is situated outside a municipal corporation, such sum

may be recovered in a civil action, brought by the prosecuting

attorney, other corresponding official, or planning commission of

the county in which the land is situated in the name of the

county and for the use of the road repair fund thereof.

The sale of lots, parcels or tracts from a plat of a subdivision

on which any and all areas indicated as streets or open grounds

are expressly indicated as for the exclusive use of the abutting

or other owners in such subdivision and not as public streets, or

grounds shall not serve to exempt the seller from the

requirements of this chapter or from the forfeiture herein

provide.

O.R.C. Section 711.14. Planting of Cornerstone: Forfeiture.

Any person who lays out a village or an addition to a municipal

corporation, and neglects to plant the cornerstone therein, or

causes such village or addition to be surveyed or platted in any

manner other than that prescribed in sections 711.01 to 711.13,

inclusive, of the Revised Code, shall forfeit and pay One Hundred

Dollars and costs of suit, to be recovered in a civil action in

the name of the county treasurer, for the use of the county.

O.R.C. Section 711.03. Cornerstone.

At the time of surveying and laying out a village, or subdivision

or addition to a municipal corporation, the proprietor of such

village, or subdivision or addition, shall plant at the corner of

the public ground or lot, if there is such, and if there is none,

then at the corner of one of the in-lots and at the corner of

each out-lot, a good and sufficient stone, of such size and

dimensions and in such good manner as the surveyor provided for

under Section 711.01 of the Revised Code directs, for a corner

from which to make future surveys, and the point at which it may

be found shall be designated on the plat.

Such proprietor shall also set at least four permanent markers in

each plat of ten lots or less, and not less than six permanent

markers in each plat containing over ten lots; iron pins shall be

set at all lot corners. Such permanent markers shall be one inch

pipe or steel rods set in and running through a concrete block

and at least six inches in diameter and at least thirty inches

deep, below finished grade in the plat, and the points at which

they may be found shall be designated on the plat.

SECTION X. VALIDITY.

 

If any article, section, subsection, paragraph, sentence or

phrase of these regulations is for any reason held to be invalid

by a Court of competent jurisdiction, such decision shall not

affect the validity of the remaining portions of these

regulations.