Development Regulations

Development Regulations

For

Village of Johnstown, Ohio

JOHNSTOWN VILLAGE COUNCIL

ORIGINAL ADOPTION: JANUARY 30, 2012

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JOHNSTOWN VILLAGE COUNCIL

Sean Staneart- Mayor

Joyce Evans

Sharon Hendren

David Keck

Carol VanDeest

Kevin Riffe

Chris Speck

VILLAGE DEPARTMENTMANAGERS
Jim Lenner – Village Manager / Village Planner
Jack Liggett –Service Director
Larry Heiser – Finance Director

Jean Moyer - Recreation Coordinator

Don Corbin – Police Chief

VILLAGE PLANNING DEPARTMENT

599 S. Main Street

Johnstown, Ohio43031

Phone: 740-967-3177

Fax: 740-967-3519

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TABLE OF CONTENTS

ARTICLE 1 TITLE, PURPOSE, SCOPE & JURISDICTION

Section 1.0Title

Section 1.00Purpose & Scope

Section 1.01Authority

Section 1.02Administration

Section 1.03Jurisdictions

Section 1.04Relation to Other Laws

Section 1.05Amendment

Section 1.06Interpretation

Section 1.07Separability, Validity

Section 1.08Exceptions

Section 1.09Appendix

ARTICLE 2 DEFINITIONS

Section 2.0Interpretation of Terms and Words

Section 2.00Definitions

ARTICLE 3 PROCEDURES FOR MINOR LAND DIVISION AND SUBDIVISON APPROVAL

Section 3.0Introduction

Section 3.1Minor Land Division (Lot Split)

Section 3.10Minor Land Division Criteria

Table 1: Driveway Spacing Requirement

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

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

Section 3.13Submittal & Approval Process for Minor Land Division

Section 3.14Approved Access Points & Culverts for Minor Land Divisions

Section 3.15Recourse from Minor Land Division Disapproval

Section 3.16Adjacent Property Transfer (Former Exempt Split)

Section 3.2Major Land Division (Subdivision)

Section 3.20Major Subdivision Criteria & Review Process

Section 3.21 Pre-Application Conference

Section 3.3Sketch Plan

Section 3.30Sketch Plan Definition and Purpose

Section 3.31Sketch Plan Application and Review

Section 3.32Sketch Plan Contents

Section 3.33Sketch Plan Approval Period

Section 3.4Preliminary Plan

Section 3.40 Preliminary Plan Definition and Purpose

Section 3.41 Posting Notice of Development

Section 3.42 Line Fence Requirements for Major Subdivisions and Development

Section 3.43 Submission to Ohio Department of Transportation/ Local MPO

Section 3.44 Preliminary Plan Application and Review

Section 3.45 Notice to Property Owners

Section 3.46 Preliminary Plan Planning and Zoning Commission Meeting

Section 3.47 Preliminary Plan Contents

Section 3.48 Preliminary Plan Approval Period and Extension Request

Section 3.49 Submission of Construction Plans and Pre Construction Conference

Section 3.5Final Plat

Section 3.50 Final Plat Definition and Purpose

Section 3.51 Final Plat Application and Review

Section 3.52 Notice to Property Owners

Section 3.53 Final Plat Planning and Zoning Commission Meeting

Section 3.54 Final Plat Contents

Section 3.55 Final Plat Approval

Section 3.56 Recording of Final Plat and Extension Request

Section 3.57 Regulations Governing Improvements

Section 3.58 Phasing

Section 3.6 Development Review

Section 3.60Development Review Process/Requirements

Section 3.61Violation of Development Review

Section 3.62Transfer of Lots by Subdivider

Section 3.63Transfer of Lot Contrary to Plat Prohibited

Section 3.7 Replat

ARTICLE 4 SUBDIVISION DESIGN STANDARDS

Section 4.0 General

Section 4.00 Conformity to Development Plans and Zoning

Section 4.01 Suitability of Land

Section 4.1 Streets

Section 4.10Right-of-Way Requirements

Section 4.11 Street Classifications and Design Standards

Section 4.12 Cul-de-Sacs

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

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

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

Section 4.13 Local Residential Streets

Table 3: Design Elements for Local Residential Streets

Figure 3: Local Residential Street, Curbs and Gutter

Section 4.14 Minor Collectors

Table 4: Design Elements for Minor Collectors

Figure 5: Minor Collector, Minimum

Figure 6: Minor Collectors, 4 Lanes

Section 4.15 Major Collectors

Table 5: Design Elements for Major Collectors

Figure 7: Major Collector, Minimums

Figure 8: Major Collector, Ideal

Section 4.16 Minor Arterials

Table 6: Design Elements for Minor Arterials

Figure 9: Minor Arterial, Center Turn Lane

Figure 10: Minor Arterial, Left and Right Turn Lane

Section 4.17 Major Arterials

Table 7: Design Elements for Major Arterials

Figure 11: Major Arterial, Grass Median

Figure 12: Major Arterial, Left & Right Turn Lanes

Section 4.18 Marginal Access Roads

Table 8: Design Elements for Marginal Access Roads

Figure 13: Marginal Access Road, Curbs and Gutters

Figure 14: Marginal Access Road with Ditches

Section 4.2 Loop Cul-de-sacs and Roundabout

Figure 15: Roundabout Design Standard

Table 9: Roundabout Recommended Maximum Entry Design Speed

Section 4.3 Special Street Types

Section 4.30 Street Names

Section 4.31 Horizontal Alignments

Section 4.32 Vertical Alignments

Section 4.33 General Street Suffix

Section 4.4 Intersection Design Standards

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

Section 4.40 General Intersection and Roadway Standards

Section 4.41 Streets for Non-Residential Subdivisions

Section 4.42 Sidewalks and Pedestrian Accesses

Section 4.43 Curbs and Gutters/Storm Sewers

Section 4.5 Lots and Blocks

Section 4.50 Block Standards

Section 4.51 Lot Standards

Section 4.52 Easements

Section 4.6 Physical Considerations and Natural Features

Section 4.60Flood Plain and Watercourses

Section 4.61 Storm Drainage Channels

Section 4.62 Erosion Control

Section 4.63 Erosion Control Standards

Section 4.64 Site Protection

Section 4.65 Landscape Buffering

Section 4.66 Noise Abatement Procedures

Figure 16: Noise Barrier Detail

Section 4.7 Open Space

Section 4.70 Land Provision and Dedication of Residential Development

Section 4.71 Limitations on Use of Required Land and Fees

Section 4.72 Adjustment to Open Space

Section 4.8 Condominium, Multi-Family, and Commercial Development

Section 4.80 Private Streets

Section 4.81 Public Streets

Section 4.82Design Standards

Section 4.83Water & Sewer

Section 4.84Parking Spaces in AR District

Section 4.85Drainage in AR Districts

Section 4.86Underground Telephone, Electric, and other Lines in AR Districts

Section 4.87Village May Require other Improvements

Section 4.88Deposit Required with Improvement Plan

Section 4.89Compliance Required to Obtain Building Permit or Occupancy Certificate

Section 4.810Service Roads

Section 4.811Street Lighting

Section 4.812Design and Layout

Section 4.813Lights to be Installed

Section 4.814Maintenance of Lighting is Responsibility of Home Owners Association

Section 4.815Damages to Distribution System

Section 4.816Completion Bond Required

Section 4.817 Easement for Energy Lines to Light Standards

Section 4.9 Landscaping

Section 4.90 Street Frontage Trees

Section 4.91 Street and Walkway Lighting

ARTICLE 5: RULES AND REQUIREMENTS FOR CONSTRUCTION OF IMPROVEMENTS

Section 5.0: Title

Section 5.00Statutory Authorization; Delegation

Section 5.01Purpose

Section 5.02Scope

Section 5.03Disclaimer of Liability

Section 5.04Requirements

Section 5.1 Guarantee for Installation of Improvements

Section 5.10 Construction Procedure and Materials

Section 5.11 Monuments, Markers, and Pins

Section 5.2 Streets, Roadways

Section 5.20 Pavement Design for All Roadways

Section 5.21 Street Name Signs, Traffic Signs, and Street Naming

Section 5.3 Water Supply

Section 5.30 Public Water Supply

Section 5.31 Fire Protection

Section 5.4 Sanitary Sewer Improvements

Section 5.40 Public Sanitary Sewer System

Section 5.5 Drainage Improvements

Section 5.50 Culverts and Bridges

Section 5.6 Over-Size and Off-Site Improvements

Section 5.60 Cost of Over-Size Improvements

Section 5.61 Off-Site Extensions

Section 5.7Inspections; Enforcement

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

Section 6.0Title

Section 6.00Statutory Authorization; Delegation

Section 6.01Purpose

Section 6.02Scope

Section 6.03Disclaimer of Liability

Section 6.04Requirements

Section 6.05Exceptions for Public Improvements

Section 6.06Standards and Criteria

Table 11: 24-Hour Critical Storm

Table 12: Maximum Velocities

Section 6.1 Site Development Planning Procedures

Section 6.10Required Information:

Section 6.11Information Content Requirement

Section 6.12Submission, Review, and Approval/Disapproval & Appeal

Section 6.13Abatement Control Plan Contents & Requirements

Section 6.14Plan Submission, Review, Approval/Disapproval, Appeal.

Section 6.15Inspections; Enforcement

ARTICLE 7: ASSURANCE FOR COMPLETION AND MAINTENANCE OF IMPROVEMENTS

Section 7.0: Title

Section 7.00Statutory Authorization; Delegation

Section 7.01Purpose

Section 7.02Scope

Section 7.03Disclaimer of Liability

Section 7.04Requirements

Section 7.1 Improvements; Guarantee

Section 7.10 Construction and Dedication of Improvements

Section 7.11 Guarantee of Improvements

Section 7.12Extension of Time

Section 7.13Inspections

Section 7.14Release or Reduction of Guarantee

Section 7.15Maintenance of Improvements

Section 7.16Deferral or Waiver of Required Improvements

Section 7.2Inspections; Enforcement

ARTICLE 8 - VILLAGE OF JOHNSTOWN ACCESS MANAGEMENT PLAN

Section 8.0 Intent and Purpose

Section 8.00Applicability

Section 8.01Definitions

Section 8.1 Congestion Prevention System/Standards

Section 8.10Classifications

Table 13: AASHTO Safe Stopping Sight Distance

Table 14: Driveway Spacing Requirements

Table 15: Setback Requirements of Future Right of Ways

Section 8.11Major Arterial

Section 8.12Minor Arterial

Section 8.13Major Collector

Section 8.14Minor Collectors

Section 8.15Minor Land Division (Lot Split) on Classified Roadways

Section 8.2General Roadway Standards

Section 8.3 General Congestion Prevention Standards

Section 8.30Corner Clearances

Section 8.31Joint and Cross Access

Figure 17: Examples of Cross Access Corridor Design

Section 8.32Left Turn Lane Improvements and Requirements

Table 16: Conditions Requiring Left Turn Improvements

Section 8.33Right Deceleration Lane Improvements and Requirements

Table 17: Conditions Requiring Right Turn Improvements

Section 8.34General Access Connection and Driveway Design

Figure 18: Driveway Location

Figure 19: Driveway Throat Length

Table 18: Generally Adequate Driveway Throat Lengths

Section 8.35Requirements for Outparcels and Phased Development Plans

Section 8.36Nonconforming Access Features

Section 8.4 Multi-Family, Commercial, & Industrial Development

Section 8.40Corridor Congestion Prevention Overlay

Section 8.41Reverse Frontage

Section 8.42Shared Access or Common Access Driveway

Figure 20: Shared Access

Section 8.43Connectivity

Section 8.44Private Streets (except Commercial/Industrial)

Section 8.45Site Plan Procedures

Section 8.5Variance Standards

ARTICLE 9 REVISIONS AND ENFORCEMENT

Section 9.0Transfer or Lease of Land

Section 9.1Schedule of Fees, Charges, and Expenses

Section 9.2Recording of Plat

Section 9.20Revision of Plat After Approval

Section 9.3Penalties

Section 9.4Variances

Section 9.5Appeal of Decision of Planning and Zoning Commission

Section 9.50Appeal of Decision of Planning and Zoning Commission Director

Section 9.6Vacating of Plats

ARTICLE 10 ENACTMENT

Section 10.0 Effective Date

APPENDIX I – RESERVED FOR FUTURE USE

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

APPENDIX III - SAMPLE WATERCOURSE EASEMENT

APPENDIX IV - COMMON ACCESS DRIVE EASEMENT AND SHARED MAINTANENCE AGREEMENT

APPENDIX V - SAMPLE HOMEOWNERS ASSOCIATION AGREEMENT

APPENDIX VI - SAMPLE CROSS ACCESS AGREEMENT

APPENDIX VII - MINIMUM PAVEMENT COMPOSITION

APPENDIX VIII – RESERVED FOR FUTURE USE

APPENDIX IX – VILLAGE OF JOHNSTOWN DEVELOPMENT FEE SCHEDULE

APPENDIX X - GUARD RAIL WARRANT STUDY

APPENDIX XI - VILLAGE ROADWAY CLASSIFICATIONS

APPENDIX XII – RESERVED FOR FUTURE USE

APPENDIX XIII - DEVELOPMENT INSPECTION SCHEDULE

APPENDIX XIV - NPDES / EROSION CONTROL MEASURES

APPENDIX XV - DITCH DESIGN CRITERIA

APPENDIX XVI - RIGHT IN/ RIGHT OUT DESIGN CRITERIA

APPENDIX XVII - SKETCH PLAN APPLICATION

APPENDIX XVIII - PRELIMINARY PLAN APPLICATION

APPENDIX XIX – FINAL PLAT APPLICATION

APPENDIX XX - CERTIFICATE OF DEVELOPMENT REVIEW

APPENDIX XXI - RAINFALL TABLE

APPENDIX XXII – DITCH MAINTENANCE PROCEDURE

APPENDIX XXIII – ENHANCED DITCH DESIGN

APPENDIX XXIV - PERMISSIBLE VELOCITIES

APPENDIX XXV - ADOPTION OF AMENDMENTS TO THESE REGULATIONS

APPENDIX XXVI - LIST OF ACCEPTABLE STREET TREES

APPENDIX XXVII - INDEX

ARTICLE 1 TITLE, PURPOSE, SCOPE & JURISDICTION

Section 1.0Title

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

Section 1.00Purpose & Scope

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

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

Section 1.01Authority

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

Section 1.02Administration

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

Section 1.03Jurisdictions

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

Section 1.04Relation to Other Laws

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

Section 1.05Amendment

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

Section 1.06Interpretation

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

Section 1.07Separability, Validity

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

Section 1.08Exceptions

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

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

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

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

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

Section 1.09Appendix

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

ARTICLE 2 DEFINITIONS

Section 2.0Interpretation of Terms and Words

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

1. The word “person” includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual. (See Person, Section 2.01)
2. The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular.
3. The word “shall” is a mandatory requirement, the word “may” is a permissive requirement, and the word “should” is a preferred requirement.
4. The words “used” or “occupied” include the words “intended, designed, or arranged to be used or occupied.”
5. The word “lot” includes the words “plot” or “parcel.”

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

Section 2.00Definitions

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