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
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
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,
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)
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
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
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
8. Easement. A grant by the property owner of the use of land for
specified purposes by the public, a corporation, or certain
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
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
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
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
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
23. Housing Development. A systematically built group of houses
or apartment buildings, especially one that includes community
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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.
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
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
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
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
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,
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
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.
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
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.
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:
Public Water &
7,500 sq. Ft.
10,000 sq. Ft.
20,000 sq. Ft.
8,000 sq. Ft.
10,000 sq. Ft.
20,000 sq. Ft.
10,000 sq. Ft.
20,000 sq. Ft.
30,000 sq. Ft.
(in excess of
ON BASIS OF
( All frontage
to be measured
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
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
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
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
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
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
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
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
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
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.
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
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
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
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
SECTION VIII. STANDARD FORMS
The following forms have been suggested by the Commissioners for
use on final subdivision plats. Wording should be adjusted to
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
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 (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 __.
Approved for Record _____________________________________________
Belmont County Engineer
Date __________, 19 ___.
Approved for Record, subject to the rules and regulations
governing the platting of subdivisions of land.
Date _________ , 19 __ _____________________________
Transferred by Belmont County Auditor.
Date ________________, 19 ___. Fee ____
Received for Record ____________, 19 __, at ______ o’clock __ M.
Recorded ________, 19__.
In Belmont County Record of Plats.
Volume ________, Page ___.
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.
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.
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
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.
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 __.
(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: __________________ __________________________
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
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
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
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:
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
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