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SUBDIVISION REGULATIONS

Table of Contents
ITEM PAGE NUMBER
Article 1: Title, Scope & Jurisdiction 1
Article 2: Definitions 4
Article 3: The Review Process 12
Article 4: Subdivision Design Standards 23
Article 5: Requirements for Special Development 32
Article 6: Requirements for Construction of Improvements 36
Article 7: Administration and Enforcement 40
Table 1: Cul De Sac Streets 41
Table 2: Pavement Standards for Local Streets 42
Table 3: Standards for Collector Streets 43
Table 4: Standards for Multi-Family Subdivision 44
Table 5: Intersection Design Standards 45

VILLAGE OF NEW RICHMOND SUBDIVISION REGULATIONS
A RESOLUTION OF THE VILLAGE OF NEW RICHMOND, OHIO, ENACTED IN ACCORDANCE WITH CHAPTER 711, OHIO REVISED CODE, AND FOR THE PURPOSE OF PROTECTING THE PUBLIC HEALTH, SAFETY, COMFORT, CONVENIENCE AND GENERAL WELFARE; AND REGULATING THE DEVELOPMENT OF SUBDIVIDED AREAS; PROMOTING THE PROPER ARRANGEMENT OF STREETS AND LAYOUT OF LOTS; PROVIDING FOR ADEQUATE PROVISION OF WATER, DRAINING, SEWER AND OTHER SANITARY FACILITIES; PROVIDING FOR THE ADMINISTRATION OF THESE REGULATIONS AND DEFINING THE POWERS AND DUTIES OF THE ADMINISTRATIVE OFFICERS; PRESCRIBING PENALTIES FOR THE VIOLATION OF THE PROVISIONS IN THIS RESOLUTION OR ANY AMENDMENT THERETO; AND FOR THE REPEAL THEREOF.
NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE VILLAGE OF NEW RICHMOND, OF THE COUNTY OF CLERMONT, STATE OF OHIO:
ARTICLE I
TITLE, SCOPE AND JURISDICTION
SECTION 101: TITLE
These regulations shall be known as the "Subdivision Regulations for the Village of New Richmond, Ohio," and shall hereinafter be referred to as "these regulations."
SECTION 102: INTERPRETATION AND PURPOSE
The foregoing rules and regulations are adopted for the following purposes.
A. To insure sound, harmonious subdivision development and village growth.
B. To secure and provide for the proper arrangement of streets.
C. To secure and provide adequate and convenient open spaces for vehicular and pedestrian traffic, utilities, access of fire fighting apparatus, recreation, light and air.
D. To provide for the avoidance of congestions of population.
E. To coordinate new subdivision design with the design of the village as a whole to allow for the proper capacity of all types of improvements on the basis of an orderly sequence of subdivisions as a part of communities and communities of the village.
F. To provide for the accurate surveying of land, preparing and recording plats and the equitable handling of all subdivision plats by providing uniform approval procedures for observance by both the approving authority and subdividers.
G. To protect to the maximum degree feasible, historic sites, scenic points, desirable natural growth watercourses and other water areas, and other environmentally sensitive features worthy of preservation.
SECTION 103: AUTHORITY
No land within the incorporated area of New Richmond, Ohio shall be subdivided, nor shall any lot be sold or building erected in a subdivision as herein defined, until a plat of the subdivision is approved by the Village and the plat properly filed and recorded by the County Recorder.
Pursuant to chapter 711 of the Ohio Revised Code, a County Recorder shall not record a plat of a subdivision unless the plat has been approved by the Village as required per these regulations.
In the interpretation and application, the provisions of these Regulations shall be held to be minimum requirements to meet the stated purpose and intent of these regulations. Where the provisions of the Regulations imposes greater restrictions than those of any statute, other regulations, or ordinances, these regulations shall prevail. Where the provisions of any Federal, State, County or Village Statute, ordinance, or regulation impose greater restrictions than those of these regulations, the provisions of such Federal, State, County, or Village Statute, shall prevail.
Where any plat or subdivision properly recorded prior to the effective date of these regulations, such plat or subdivision shall not require any approval and are accepted.
SECTION 104: ADMINISTRATION
These regulations shall be administered by the Village of New Richmond Planning Commission and the Community Development Office.
SECTION 105: JURISDICTION
These regulations shall be applicable to all plats and all subdivisions of land within the incorporated area of the Village of New Richmond.
SECTION 106: GENERAL PROVISIONS
A. Wherever any subdivision of land hereafter be laid out, the subdivider or his agent shall submit and receive approval on drawings and plans and/or any other such information as required by these regulations before and record plat may be given final approval. Said plats and plans of proposed improvements, and all procedure relating thereto, shall in all respects be in full compliance with these regulations.
B. Until formal subdivision plans for a subdivision are approved, improvements such as sidewalks, water supply, storm drainage, sanitary sewerage facilities, gas service, electric service or lighting shall be made only at the developer's own risk. The Planning Commission shall not be bound by the location or construction of such facilities in the review of the subdivision.
C. All lands offered to the Village for use as streets, alleys, parks and other public uses shall be referred to the Village of New Richmond Planning Commission for review and recommendation before being accepted by the Village of New Richmond Council

D. In all subdivisions, due regard shall be given to innovative design concepts for the preservation of natural features such as large trees, water courses and scenic views.
E. In the case a plan review for parts of tracts, where it appears necessary to the Planning Commission for the satisfactory overall development of an area, an owner or developer may be required to prepare at least a street design plan of the entire tract based upon proper topographic surveys before approval of any portion of such plan.
SECTION 108: PLANNED UNIT DEVELOPMENT AND COMMUNITY DEVELOPMENTS ENCOURAGED: REGULATIONS MAY BE MODIFIED
The Planned unit development and community development approach to development is greatly encouraged. These regulations may be modified by the degree necessary to accomplish the objectives and standards required for the planned development of residential, commercial, or industrial subdivisions, or a mixture thereof, in accordance with the governing zoning ordinance. Nothing within this section, however, shall exempt the developer from the requirements of subdivision plat approval as specified in Article III, IV and V of these regulations.
SECTION 109: AMENDMENT
The Village of New Richmond Planning Commission may recommend to Village Council, on its own motions and after public hearing, to 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 newspaper of general circulation published in the Village, thirty (30) days prior to holding of said hearing. The amendments shall be on file in the office of the Community Development Director for public examination during said thirty (30) days. However, no amendment, supplementation until such amendment or amendments have been adopted by the Village of New Richmond Council after a public hearing.
SECTION 110: SEPARABILITY
If, for any reason, any clause, sentence, paragraph, section or other part of these regulations should be decided by a court of competent jurisdiction to be invalid, such judgement shall not affect the validity of these regulations as a whole, or any part thereof, other than the part so held to be invalid.

ARTICLE II
DEFINITIONS
Interpretation of Terms or Words: For the purpose of these regulations, certain terms or words used herein shall be interpreted as follows:
A) The word "person" includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual.
B) The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular.
C) The word "shall" is a mandatory requirement, the word "may" is a permissive
requirements, and the word "should" is a preferred requirements.
D) The words "used" or "occupied" include the words "intended, designed, or arranged to be used or occupied. "
E) The word "lot" includes the words "plot" or "parcel".
F) The word "Village" shall always refer to the Village of New Richmond, Ohio.
ALLEY: (See Thoroughfare)
ASSURANCE OF COMPLETION: A contract secured by a performance bond or other guarantee or security satisfactory to the Village of New Richmond Council guaranteeing completion of public improvements which are required by these regulations.
BLOCK: A place or parcel of land entirely surrounded by public highways, public streets, railroad, right-of-way, physical barriers, streams, lakes or bodies of water, or a combination of aforesaid bounds.
BUILDING LINE: (See setback line)
COMPREHENSIVE DEVELOPMENT PLAN: A plan, or any portion thereof, adopted by the Village of New Richmond Planning Commission and or the Village of New Richmond Council showing general location and extent of present and proposed physical facilities including housing, industrial and commercial uses, major streets, parks, schools, and other community facilities. This plan establishes the goals, objectives, and policies of the Village of New Richmond
COMMUNITY DEVELOPMENT: (See Planned Unit Development)
CONDOMINIUM: "Condominium property" means and includes the land together with all buildings, improvements, and structures thereon, all easements, rights and appurtenances belonging thereto, and all articles of personal property which have been submitted to the provisions of Chapter 5311 of the Ohio Revised Code and which is subject to said Chapter 5311. A condominium or condominium property is not a subdivision.
CORNER LOT: (See lot types)
COUNTY: Clermont County, State of Ohio
COVENANT: A written promise or pledge.
CROSSWALK: Any portion of a roadway at an intersection or elsewhere, distinctly indicated for pedestrian crossing by lines or other markings on the surface.
CUL-DE-SAC (See Thoroughfare)
CULVERT: A transverse drain that channels under a street or driveway.
DEAD-END STREET (See Thoroughfare)
"DEED OUT": A method of creating and recording residential building lots intended to accommodate one dwelling unit of attached townhouses, row houses or patio homes and their accompanying patios, gardens or small yard areas.
DENSITY: A unit of measurement; the number of dwelling units per acre.
A) Gross Density: The number of dwelling units per acre of the total land to be developed.
B) Net Density: The number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential uses.
C) Multiple Family:
1) A detached, independently standing building occupied or constructed to be occupied by more than two (2) families or housekeeping units.
2) Townhouses, patio homes, or any other attached residential use structure or building employing the use of common party walls.
DWELLING GROUP: A group of two (2) or more detached dwellings located on a parcel of land in one ownership and having any yard or court in common.
DWELLING UNITS: One room, or a suite of two (2) or more rooms, designed for or used by one family or housekeeping units for living and sleeping purposes and which includes permanently installed cooking and lawfully required sanitary facilities.
EASEMENT: Authorization by a property owner for the use by another, and for a specified purpose, of an designated part of his property.
ENGINEER: Any person registered to practice professional engineering by the state board of registration as specified in Section 4733.14 of the Ohio Revised Code.
FINAL DESIGN PLAN: A design plan indicating the final design factors as reflected by accompanying construction drawings. Final design plans shall satisfy the requirements of Article V of these regulations.
FORMAL SUBDIVISION PLAN: A comprehensive set of plans including but not limited to Design Plans, Improvement Drawings and Record Plat. The formal Subdivision Plan shall satisfy the requirements of Article V of these regulations.
HIGHWAY DIRECTOR: The Director of Ohio Department of Transportation.
HILLSIDE DRAWINGS: Detailed plans for the construction of all public improvements to be made to the land including street pavement or resurfacing, curbs, gutters, sidewalks, water lines, sewer lines, storm drains, street lights, flood control and drainage facilities and utility lines. Plus landscaping and other related matters normally associated with the development of raw land into building sites.
LARGE LOT DEVELOPMENT: A subdivision of land typical lots having a minimum lot area of two acres (87,120 sq. Feet) and governed by the special provisions of the County's
LOCATION MAP: (See Vicinity Map).
LOT: For purposes of these regulations, a lot is a parcel of land of sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street, and may consist of
A) A single lot of record
B) A portion of a lot of record
C) A combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of record.
LOT FRONTAGE: The front of a lot shall be construed to be the portion nearest the street. For the purposes of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated under "Yards" in this section .
LOT, MINIMUM AREA OF: The area of a lot is computed exclusive of any portion of the right-of-way of any public or private street.
LOT MEASUREMENTS: A lot shall be measured as follows:
A. Depth of a lot shall be considered to be the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the warmest points of the side lot lines in front and the warmest points of the side lot lines in the rear.
B. Width of a lot (except panhandle, Cul-de-sac lots, and lots along street curves) shall be considered to be the distance between straight lines connecting front and rear lot lines at each side of the lot, measured at the building setback line, provided, however, that the width between side lot lines at their foremost points (where they intersect with the street line) shall not be less than eighty (80) percent of the required lot width.
C. Width of panhandle, Cul-de-sac lots, and lots along street curves shall be measured at the building setback line.
LOT OF RECORD: A lot which is part of a subdivision recorded in the office of the county recorder, or a lot or parcel described by metes and bounds, the description of which has been so recorded.
LOT TYPES: Terminology used in these regulations with reference to lot types is as follows:
A. A corner lot is defined as a lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if the lot lines tangent to the street right-of-way, at the point of intersection of the right-of-way and lot lines forms an interior angle of less than one hundred thirty-five (135) degrees.
B. An interior lot is a lot other than a corner lot with only one frontage on a street.
C. An irregular lot is a lot whose area may not easily be determined by simple mathematics.
D. A through lot is a lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as double frontage lots.
E. A reversed frontage lot is a lot on which frontage is at right angles to the general pattern in the area. A reversed frontage lot may also be a corner lot.
F. A panhandle lot is a lot whose only owned access to the street is a narrow strip of land. The narrow strip of land known and referred to as the "panhandle" shall be defined as a strip of land displaying a minimum width at any point of 20 feet and a maximum width of less than the minimum lot width required for building purposes.
MAINTENANCE BOND: A maintenance bond, satisfactory to the Village of New Richmond Planning Commission, covering the cost of maintenance, for one year, of public improvements which are required by these regulations. See Article IX.
MINOR SUBDIVISION: A division of a parcel of land that does not require a record plat to be approved by the Planning Commission as specified in section 711.131 of the Ohio Revised Code. Also known as a lot split.
MONUMENTS: Permanent concrete markers, iron markers, or other permanent monuments of a design approved by the Village Engineer, used to establish definitely all points of reference as required by the Ohio Revised Code and these regulations.
OPEN SPACE: An area of land intended for common usage by either the residents of a particular subdivision or the at-large public. The area may include, along with natural environmental features, any active recreational and/or community facilities deemed desirable by the Planning Commission. Streets, parking areas, structures for habitation and the like shall not be included.
OUT LOT: Property shown on a subdivision plat outside of the boundaries of the land which is to be developed and which is to be excluded from the development of the subdivision.
OWNER: Any individual, firm, association, syndicate, co partnership, corporation, trust or any other legal entity having legal title to or sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under these regulations.
PAD: A building site prepared by artificial means, including but not limited to grading, excavation, or filling, or any combination thereof.
PARKING SPACE, OFF-STREET: For the purpose of these regulations an off-street parking space shall be a least 9' x 20' for residential or 10' x 20' for commercial, exclusive of access drives or aisles, ramps, columns, office or work areas, together with properly related access to a public street or alley and maneuvering room, but shall be located totally outside of any street or alley right-of-way.
PLANNED UNIT DEVELOPMENT: An area of land, in which a variety of mixed land uses or physical designs are accommodated in a pre-planned environment under more flexible standards, such as lot sizes and setbacks, than those restrictions that would normally apply under these regulations. The procedure for approval of such development contains requirements in addition to those of the standard subdivision, such as building design principles and landscaping plans.
PLANNING COMMISSION: The Planning Commission of the Village of New Richmond, Ohio. Whenever "Commission" or "Planning Commission" is used in these regulations, such use shall mean the Village of New Richmond Planning Commission.
PLAT: The map on which the developer's plan of subdivision is presented for recording.
PUBLIC WAY: An alley, avenue, boulevard bridge, channel, ditch, easement, expressway, freeway, highway, land, parkway, right-of-way, road, sidewalk, street, subway, tunnel, viaduct, walk, or other ways in which the general public or a public entity have a right, or which are dedicated, whether improved or not.
RIGHT-OF-WAY: A strip of land taken or dedicated for use as a public way. In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks, lighting, and drainage facilities, and may include special features (required by the topography or treatment) such as grade separation, landscaping areas, viaducts, and bridges.
SANITARY SEWERS: An approved sewage disposal system which provides a collection network and disposal system and central sewage treatment facility for a single development, community or region.
SANITARY WASTE TREATMENT, ON-SITE: A septic tank or similar installation on an individual lot which utilizes an aerobic bacteriological process or equally satisfactory process for the elimination of sewage and provides for the proper and safe disposal of the effluent, subject to the approval of health and sanitation officials having jurisdiction.
SETBACK LINE: A line established by the subdivision regulations and/or zoning regulations, generally parallel with and measured from the lot line, defining the limits of a yard in which no building, other than accessory buildings or structures may be located above ground except as provided in said regulations. (See Yards)
SIDEWALK: That portion of the road right-of-way outside the roadway, which is improved for the use of pedestrian traffic. (See Walkway)
SPECIAL DEVELOPMENTS: Separate entities with distinct characteristics which are intended to be in harmony with the natural site features and surrounding developments.
STORM SEWERS: Sewers designed and used to collect and carry off surface runoff water.
SUBDIVIDER: (See Developer)
SUBDIVISION:
A. The division of any parcel of land shown as a unit or as contiguous units on the last preceding tax roll, into two (2) or more parcels, sites, or lots anyone which is less than five (5) 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 (5) acres not involving any new streets or easements of access, and the sale or exchange of parcels between adjourning lot owners, where such sale or exchange does not create additional building sites, shall be exempted; or
B. The improvement of one or more parcels of land for residential, commercial, or industrial structures or groups of structures involving the division or allocation of land for the opening, widening, or extension of any street or streets except private streets serving industrial structures; the division or allocation of land as open spaces for common use by owners, occupants, or lease holders, or as easements for the extension and maintenance of public sewer, water, storm drainage, or other public facilities. (See Article III)
SURVEYOR: Any person registered to practice professional surveying by the State Board of Registration as specified in section 4733.14 of the Ohio Revised Code.
THOROUGHFARE, STREET, OR ROAD: The full width between property lines bounding every public way or whatever nature, with a part thereof to be used for vehicular traffic and designated as follows:
A. Alley: A minor street used primarily for vehicular service access to the back or side of properties abutting on another street.
B. Arterial Street (Major and Minor): A general term denoting a road or highway primarily for through traffic, carrying heavy loads and large volume of traffic, usually on a continuous route with a minimum number and extent of cross streets, curb cuts and frontage land uses.
C. Collector Street (Major and Minor): A road whether within a residential, industrial, commercial, or other type of development which primarily carries traffic from local streets to arterial streets including the principal entrance and circulation routes within residential subdivisions.
D. Cul-de-sac: A local street of relatively short length with one end open to traffic and the other end terminating in a vehicular turnaround.
E. Expressway, Freeway or Parkway: A major road or highway carrying high speed, high volume traffic on a continuous basis within or between regions and/or states. An expressway is a limited access or controlled access and usually of separated elevation from all other streets and roads.
F. Local Street: A street primarily for providing access to residential, commercial, industrial, or other abutting property.
G. Marginal Access Street: A local or collector street, parallel and adjacent to an arterial or collector street, providing access to abutting properties and protection from arterial or collector streets. (Also called Frontage Street).
H. Permanent Dead-end Street: A street (without a Cul-de-sac turnaround) having only one outlet for vehicular traffic and not intended to be extended or continue in the future.
I. Private street: A street which has not been duly accepted by the County or State for public use.
J. Public Street: A street which has been duly accepted by the County or state for public use.
K. Temporary Dead-end Street: A street temporarily having only one outlet for vehicular traffic and intended to be extended or continued in the future.
TIME LIMITS: Time limit designated within these regulations shall begin when application for review are officially accepted or as otherwise stipulated in these regulations. The submittal of revised information or information required but not submitted with the original submittal shall renew the entire time limit permitted under these regulations.
VARIANCE: A variance is a modification of the strict terms of the relevant regulations where such modification will not be contrary to the public interest and where owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of the regulations would result in unnecessary and undue hardship.
VICINITY MAP: A drawing accompanying a plan and illustrating the proposed subdivision's relation to surrounding environmental, land use, circulation, infrastructure and property characteristics.
WALKWAY: A dedicated public way, four (4) feet or more in width, for pedestrian use only, whether along the side of a road or not.
WATERSHED: The drainage basin in which the subdivision drains or that land whose drainage is affected by the subdivision.
YARD: A required open space, other than a court, unoccupied and un-obstructed by any structure or portion of a structure from three (3) feet above the general ground level of the graded lot upward, provided accessories, ornaments, and furniture may be permitted in any yard, subject to height limitations and requirements limiting obstruction of visibility.
A. Yard Front: A yard extending between side lot lines across the front of a lot and from the front lot line to the front of the principal building
B. Yard Rear: A yard extending between side lot lines across the rear of a lot and from the rear lot line to the rear of the principal building.
C. Yard, Side: A yard extending from the principal building to the side lot line on both sides of the principal building between the lines establishing the front and rear yards.
ZONING: Regulation by districts of the height, area, and use of buildings; use of land; and density of population.

ARTICLE III
THE REVIEW PROCESS
SECTION 301: SUBDIVISION DEFINITION AND CLASSIFICATION
THE OHIO REVISED CODE IN SECTION 711.001 SPECIFICALLY DEFINES A SUBDIVISION AS:
A. 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, anyone 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
B. The improvement of one or more parcels of land for residential, commercial or industrial structures or groups of structures involving the division or allocation of land for the opening, widening, or extension of any street or streets, except private streets serving industrial structures; the division or allocation of land as open spaces for common use by owners, occupants or lease holders or as easements for the extension and maintenance of public sewer, water, storm drainage or other public facilities.
Part (A) of the above definition refers to two types of land subdivision, "minor subdivisions" (also known as lot splits or cutups) and "platted subdivisions" (also known as formal subdivisions) in which no improvements are required. It is noteworthy that all divisions of land in Ohio are deemed subdivisions except:
1) the division of land into parcels of more than five (5) acres in size that does not involve the creation of new streets or easements of access; and
2) the transfer of parcels of land between adjoining property owners where additional building sites are not created.
Part (B) of the above definition refers to "platted subdivisions" in which improvements are required. Note that actual division of land is not a prerequisite for qualification as a subdivision. Any improvement of land for residential, commercial, or industrial purposes which involves the allocation of land for:
1) streets (except private streets serving industrial structures)
2) open spaces for common use by owners, occupants, or lease holders, or
3) easements of the extension and maintenance of public sewer, water storm drainage or other public facilities.
is legally a subdivision in the State of Ohio.
For the purpose of these regulations the review process for "platted subdivision" is defined in section 302 thru 311 of this Article. Section 312 defines the review process for "minor subdivision" approval.
SECTION 302: INTRODUCTION
The procedures for obtaining approval of a subdivision consists of the following three steps:
A. Preliminary Meeting;
B. Preliminary Plat Review and Approvals, and Construction Plans; with Subdivision
Application submittal; and,
C. Final Plat Review and Approval, with Subdivision Application submittal.
SECTION 303: PRELIMINARY MEETING
The Preliminary Meeting with the Community Development Director is intended to provide the applicant with an opportunity to resolve problems with respect to a subdivision early in the proceedings and to make necessary modifications and revisions prior to incurring the expense of preparing a Preliminary and Final Plat.
The Preliminary Consultation does not require a formal application, fee or the filing of a plat. A Preliminary Subdivision Application and a preliminary Sketch Plan containing the following information is all that is required for review:
A. Proposed layout of streets, lots and other elements basic to the proposed use in relationship to site conditions; and,
B. Proposed methods for sewage collection, storm drainage, water supply and other utilities.
The Preliminary Sketch Plan may be a pencil drawing superimposed upon a print or a topographic survey of the area proposed to be subdivided or may be in any other graphic medium and form containing the above information.
The preliminary application and sketch drawing are reviewed by the following Village Officials:
A. Community Development Director
B. Utility Foreman
C. Street Superintendent
D. Fire Chief
E. Police Chief
F. Village Engineer
Comments by each of the above officials, and a summary of the proposed subdivision are forwarded to the Applicant, the Chairman of the Planning Commission, Village Engineer and Village Council.
SECTION 304: PRELIMINARY PLAT REVIEW
After receiving the comments and upon the completion of section 303, the applicant may submit a completed preliminary plat to the full Planning Commission. The Preliminary Plat is intended to provide a formal basis for Commission review and consideration of a subdivision prior to preparation of a Final Plat.
The Preliminary Plat, Subdivision Application and all information and procedures relating thereto shall in all respects be in compliance with the provisions of these Regulations, except where variation there from may be specifically authorized in writing by the Commission.
SECTION 305: PRELIMINARY PLAT DATA REQUIREMENTS
The Preliminary Plat shall be drawn at a scale of one-inch (1") equals fifty feet (50') or as required by the Village Engineer and may be of one or more sheets, as necessary. The preliminary Plat shall include the following information:
A. Drafting Standards
1. Dimensions shall be in feet and decimal parts thereof.
2. Each sheet shall be numbered and shall show its relationship to the total number of sheets.
3. Where any revision is made, or when the Plat is a re-subdivision of a previously approved Plat, dashed lines shall be used to show features or location to be abandoned and solid lines to show the presently proposed features.
4. The Plat shall contain adequate legend so as to clearly indicate which features are existing and which are proposed.
5. The boundary line of the subdivision shall be shown as a solid heavy line.
B. Existing Information
1. Vicinity map drawn to a scale of not less than one inch (1") equals one thousand feet (1,000') showing the approximate relationship of the Plat to its general surroundings and showing the following details.
a. Existing or mapped streets within one thousand feet (1,000') of the subdivision; and,
b. Municipal boundaries within one thousand feet (1,000') of the subdivision.
2. The zoning district in which the proposed subdivision is located.
3. Identifying Information
a. Name of subdivision (the name shall not duplicate, be the same spelling or alike in pronunciation to any other recorded subdivision in the Village of New Richmond.)
b. Location by Tax Map Number, Township, County, and State.
c. Names and address of the developer and owner(s) if other than the developer.
d. Certificate signed by a registered land surveyor and/or registered professional engineer responsible for the survey, Preliminary Plat and Seal.
e. Date of drawing, north arrow and scale.
4. Existing Conditions
a. A boundary surveyor survey of record of the property to be subdivided including Map Book and Page reference, locating and identifying adjacent or abutting streets (existing or platted), Subdivisions, un subdivided parcels, easements, water areas, and the like, and all visible monuments, showing all courses, distances, and area, and tie-ins to all adjacent street intersections.
b. Existing contours with intervals of not more than five feet (5') where the slope is ten percent (10%) or greater and not more than two feet (2') where the slope is less than ten percent (10%). Elevations shall be based upon U.S. Geological Surveyor equivalent adjusted datum. Source of contour information shall also be provided on the Plat.
c. Location, width and names of all existing or prior platted streets or other public streets, railroad and utility rights-of-way, parks and other public open spaces, and municipal corporation lines within or adjoining the tract.
d. Other conditions on the tract being subdivided including, but not necessarily limited to, watercourses, marshes, floodplains, rock outcrop areas, wooded areas and other environmentally sensitive areas and significant features.
e. Utilities on and adjacent to the tract. (Location, size and invert elevation of existing sanitary sewerage facilities and storm drains, location and size of water mains, location of fire hydrants (utility lines and street lights. If water mains, sanitary sewers, and storm drains are not on or adjoining the tract, indicate the direction, distance to, and size of nearest water mains and sewers showing invert elevation of sewers to extent known to the developer.)
f. Other conditions on adjoining land within one hundred feet (100'); approximate direction and gradient of ground slope, including and embankments or retaining walls, character, location and ownership of private sewerage systems within one hundred feet (100') of the subdivision boundary, railroads, utility lines, towers and other nearby nonresidential land uses or adverse influences; owners of adjoining un platted land; for adjoining platted land refer to subdivision Plat by name recorded.
g. Proposed public improvements; highways or other major improvements planned by public authorities for future construction on or near the tract to the extent known to the developer.
C. Proposed Layout
1. Street plan containing the following information.
a. Location of all proposed streets in the subdivision.
b. Widths of all proposed rights-of-way and proposed paving widths.
c. Proposed street names.
d. Plan, profile, and construction details of all proposed streets.
e. Location of all required sidewalks and crosswalks.
2. Layout and dimension of proposed lots, including lot lines, lot area, lot numbers and block letters.
3. Sites, if any, for multi-family dwellings, including the number and types of units proposed, parking spaces, shopping centers, churches, industry or other non-public uses, exclusive of single-family and two-family dwellings.
4. Building setback lines.
5. Location and dimensions of all parcels proposed to be dedicated or reserved for school sites, parks, open space use by occupants of the subdivision and for other public uses.
6. Identification, including plan, profile and construction detail, of all utilities proposed within the subdivision, including the location, grade and size of storm drains, catch basins, drainage ways and channels, sanitary sewerage facilities, pumping stations, water mains, street lights, fire hydrants and other required public facilities and improvement.
7. Design calculations as required by the Village Engineer.
8. Rights-of-Way proposed to be created for all drainage purposes and utilities.
9. Proposed contours with intervals of not more than five feet (5') where the slope is ten percent (10%) or greater and not more than two feet (2') where the slope is less than ten percent (10%).
10. Limits of construction.
SECTION 306: PRELIMINARY PLAT APPROVAL
The Commission shall act either to; approve, conditionally approve or disapprove the Preliminary Plat within sixty (60) days following formal receipt of such Plat which is in compliance with these Regulations by the Commission, or within such further time as the applying party may agree to. For the purpose of these regulations, formal receipt shall be upon receipt by the Commission at a scheduled public meeting. Preliminary plat approval shall be effective for a period of one (1) year, and such additional periods as may be specifically approved in writing by the Commission.
A. Approval of the Preliminary Plat shall be noted by the Chairman of the Commission signing two (2) copies of said Plat. One (1) copy is to be returned to the applicant and the second retained in the Community Development's office.
B. If the Commission denies the preliminary plat, it shall set forth the reasons for disapproval on its records and provide the applicant with written notification of such reasons.
C. Conditional approval of a preliminary plat shall state the conditions or modifications needed to satisfy the requirements of these regulations prior to the submittal of the Final Plat.
SECTION 307: FINAL PLAT REVIEW
The purpose of the Final Plat is to require formal approval by the Commission before plats for subdivisions are recorded as required by these regulations. The Final Plat shall conform to the approved preliminary plat and shall reflect all changes required by the Commission pursuant to the Preliminary Plat review procedure.
The approved preliminary plat may be submitted as the final plat if it meets all of the necessary requirements of these regulations.
The final plat may constitute only that portion of the approved preliminary plat which the developer proposed to record and develop at the time, provided that such portion conforms with all the requirements and standards of these regulations.
SECTION 308: FINAL PLAT DATA REQUIREMENTS
The final Plat shall show or be accompanied by the following information:
A. Drafting Standards

1. Dimensions shall be in feet and decimal parts thereof, and bearings in degrees, minutes and seconds.

2. The scale of the final plat shall be one inch (1") equals one hundred feet (100') or one inch (1") equals fifty feet (50') or as required by the County for recording.

3. When more than one sheet is required, an index sheet of the same size shall be submitted showing the entire subdivision drawn to scale.
4. Where the plat is a re-subdivision of a previously approved Plat, dashed lines shall be used to show features or locations to be abandoned and solid lines to show the presently proposed features.
5. The plat shall contain adequate legend so as to clearly indicate which features are existing and which are proposed.

6. The boundary line of the subdivision shall be shown as a solid heavy line.
7. The final plat shall be prepared by a certified land surveyor on a standard medium and sized in accordance with the requirements, of the County for recording.
8. All linear and angular dimensions for locating the boundaries of the subdivision, lots, streets, alleys, public and private easements shall be expressed in feet and hundredths of a foot. Angular measurements shall be expressed by bearings. All curve data shall be expressed by a curve table on the face of the Plat, each curve being tabulated and numbered to correspond with the respective numbered curves shown throughout the Plat. Dimensions, both linear and angular, shall be determined by an accurate control survey in the field, which shall be checked for
closure and must balance and close within 1 to 20,000.
B. Existing Information:
1. Identifying Information
a. Name of the Subdivision.
b. Name and address of the owner of the land being subdivided and name and address of the developer, if different from that of the owner.
c. Name, address and seal of the engineer and surveyor.
d. Date of drawing, north arrow and scale.
e. Location of subdivision by Tax Map Number, Township, County, Village and State.
f. Vicinity map for the purpose of locating the site to be subdivided at a scale of not less than one thousand feet (1,000) to the inch, showing the relation of the tract adjoining property and to all streets and municipal boundaries existing within one thousand feet (1,000') of any part of the property proposed to be subdivided.
2. Existing Conditions:
a. Complete outline survey of the property to be subdivided, showing all courses, distances, and area, and tie-ins to all adjacent street intersections.
b. The location, name and right-of-way of each street and the locations and widths of all other rights-of-way.
c. The location and angles of departure of adjoining property and street right-of- way lines, the names of abutting subdivisions and the names of adjoining property owners of undivided tracts, including deed reference. The abutting subdivisions shall be identified by lot and block numbers, subdivision name, place of record or other proper designation .
d. The location, size and ownership of all existing utility easements as define herein, both within the subdivision and within one hundred feet (100') of the subdivision's boundaries.

C. Proposed Layout:
1. Lot layout with lots numbered in numeric order. In tracts continuing more than one block, the blocks shall be lettered in alphabetical order.

2. Area of each lot, parcel, site or other unit shown on the Final Plat.

3. The names and right-of-way widths of all proposed streets.

4. Sufficient data to determine readily the location, bearing and length of every street, lot and boundary line.

5. Building setback line for each street.

6. Location and dimensions of all parcels proposed to be dedicated or reserved for open space as defined herein or for other public uses with the purposes indicated thereon.

7. The location, width, and purpose of all easements or rights-of-way and boundaries by bearings and dimensions.

8. The location and description of all markers, monuments, or other evidence found or established to determine the boundaries of the subdivision.

9. Private restrictions, if any, proposed to be included in the deeds.
SECTION 309: FINAL PLAT CERTIFICATION
The following certifications and related information shall appear on the Final Plat:
A. Certification of Ownership and Dedication signed and acknowledged by all parties having any record title interest in the land subdivided consenting to the preparation and recording of said Final Plat, establishing minimum building restriction lines and dedicating the following public uses: roads, streets, alleys, walks, utility and storm drainage rights-of-way open spaces, and other areas approved for dedication to public use by the Commission.
B. Certification of Accuracy signed by a registered land surveyor responsible for the survey and Final Plat with seal.
C. Certification signed by the Village Engineer approving the installation of the streets and other improvements as defined herein in accordance with Village Specifications where these improvements have been completed, dedicated and accepted by the Village prior to Final Plat approval.
D. Certification signed by the Village Clerk of the Village acknowledging that a performance bond in the amount determined by the appropriate Village official(s) has been posted with the Village Council guaranteeing completion of all improvements as defined herein in accordance with Village Specifications where these improvements have not been completed, dedicated and accepted by the village prior to Final Plat approval.
E. Certificates of Approval signed by the Chairman of the Commission, the Village Mayor and the Community Development Director certifying that the subdivision shown on the Final Plat is in compliance with the Subdivision Regulations, of New Richmond Village, Ohio, and approving the Final Plat recording.
F. Any other restrictions or requirements relating to land use, height, area or bulk regulations or restrictions designed to promote the purposes of the Zoning Ordinance and/or Subdivision Regulations as determined by the Commission.
G. Protective covenants, if any, in form for recording.
SECTION 309.A: FINAL RECORD PLAT APPROVAL
The Final Plat shall be approved or disapproved if all requirements of these Subdivision Regulations have been complied with, within sixty (60) days after the submission thereof to the Community Development Director.
The applicant may waive the sixty (60) day limitation and consent to an extension of such period.
If the Final Plat is determined to be in conformance with the approved Preliminary Plat by the Village Engineer, then the Final Plat shall be deemed to have been approved and a certificate to that effect shall be signed by the Village Mayor and the Chairman of the Planning Commission.
A. Approval of the Final Plat shall be noted by the signing of the Certificate of Approval by the Chairman of the Commission and the Village Mayor on the record plat, which shall then be recorded by the applicant with the County Recorder within six (6) months, if not approval of the Plat shall become void.
B. Within five (5) working days of the date of recording, the applicant shall submit to the Community Development Director a reproducible and two (2) black line prints of the Final Plat with proof of recording affixed thereto. Failure to provide the Village with the appropriate documentation of recording within the time period specified shall constitute a violation of this Ordinance and the applicant shall be subject to penalties as provided in Article VII, section 706, Violations and Penalties.
C. If the Final Plat is disapproved, the Village Engineer shall set forth the reasons for disapproval and provide the applicant with written notification of such reasons
The commission shall have the power to agree with applicant upon user height, area or bulk requirements or restrictions which are des1gned to promote the purposes of the Zoning Ordinance of New Richmond Village. Such requirements or restrictions shall be stated upon the Final Plat prior to the approval and recording thereof and shall have the same force of law and be enforceable in the same manner and with the same sanctions and penalties and subject to the same power of amendment or repeal as though set out as a part of the Zoning Ordinance and Zoning Map of New Richmond Village. Such requirements and restrictions shall be in addition to and not in place of provisions set forth in the Zoning Ordinance.
SECTION 310: ACCEPTANCE OF REQUIRED IMPROVEMENTS
Approval of the Final Plat shall not be deemed to constitute or effect an acceptance by the Village of any required improvement shown upon the Final Plat. Acceptance of such required improvement shall be made in accordance with these Regulations and other applicable ordinances, statutes and regulations.
SECTION 311: WITHDRAWAL
A Final Plat, upon written request of the applicant, shall be withdrawn from consideration provided the written request is received prior to the expiration of the sixty (60) day review period.
SECTION 312: APPROVAL OF MINOR SUBDIVISIONS
Approval of A minor subdivision within the Village of New Richmond may be granted by an authorized representative of the Planning Commission if the proposed division of a parcel of land meets all of the following conditions:
A. The proposed subdivision is located along an existing public street or road and involves no opening, widening, or extension of any street or road. Each lot or parcel created must display a minimum frontage of twenty (20) feet on an existing public street or road.
B. No more than five (5) lots or parcels are involved after the original tract has been completely subdivided.
C. The proposed subdivision is not contrary to applicable platting, subdividing, or zoning regulations. Administrative approval may not be granted if any variance from either zoning or subdivision regulations are requested. Variances of subdivision regulations may only be granted by the Planning Commission and not the administrative officer and variances to zoning only by the proper board of zoning appeals.
D. The property has been surveyed and the applicant has submitted:

1) One (1) copy of a completed "Application for Minor Subdivision Approval" form.
2) Three (3) copies of a drawing (survey) showing dimensions and areas of the entire tract and each individual lot.
3) Three (3) copies of the metes and bounds legal description that will be used in the individual conveyances for each of the lots involved.
4) Included on the survey there shall be a sketch map showing the parent parcel, the tract to be separated and parcels previously separated from the parent tract.
5) All drawings shall indicate the location of all utility lines.
Upon submission of the above information, the Community Development director shall ensure that the submittal is not contrary to all applicable requirements of both these regulations and the Village Zoning Regulations. If the submitted information meets these requirements the application shall be approved within ten (10) working days from the submission date in accordance with section 309 A,B,C, of these regulations.

ARTICLE IV
SUBDIVISION DESIGN STANDARDS
SECTION 401: GENERAL STATEMENT
All the regulations in this Article shall control the manner in which streets, lots, and other elements of a subdivision are arranged on the land. These design controls shall help insure convenient and safe streets, creation of usable lots, provision of space for public utilities, and reservation of land for recreational uses. The planning of attractive and functional neighborhoods shall be promoted, minimizing the undesirable features of unplanned, haphazard growth.
The Planning Commission has the responsibility for reviewing the design of each future subdivision early in its design development. The Commission shall insure that all of the requirements of this Article are met.
SECTION 402 CONFORMITY TO DEVELOPMENT PLANS AND ZONING
No final plat of land shall be approved unless it conforms with the Village of New Richmond Zoning Ordinance.
SECTION 403 CAPABILITY/SUITABILITY OF LANDS AND SOILS
If the Village of New Richmond Planning Commission finds that lands or soils proposed to be subdivided are incapable or unsuitable for subdivision development for any use due to the attributes listed of a Conservation District and/or a Conservation/Buffer District as defined in this section; and/or if the subdivision as proposed causes hazard or abuse of such features based on the comments, conditions or exceptions offered by the Village Administrator, Utility Foreman, Street Superintendent, Fire Chief, Police Chief; the Commission shall not approve the land for subdivision unless or until the subdivider has submitted plans and assurances to the satisfaction of the Commission and review agent (s) that the land and soil can be used without hazard, contamination or degradation.
A. Conservation District: Those lands and soils found to be incapable and/or unsuitable urban use and which pose special hazard, pollution or degradation to the site, environment surrounding, or the public at large, if subjected to improper alteration, use or management.
Such lands and soils include:

1. Tributary Drainage System the beds and banks of perennial and intermittent streams.

2. Alluvial Floodplains-soil types AdC, Ee, Gn, Hu, Lg, Ln, Mh, Ne, Rh, Rn, Sh, and st.

3. Flood Zones – areas adjoining any stream, pond or lake which are subject to a 100 – year – recurrence – interval flood or a flood of record as delineated by one of the following studied, or a study conducted by anyone else expert and experienced in the preparation of hydrological studies and the determination of flood lines:
a. Flood Plain Information, Ohio River, Clermont County, Ohio, Corps of Engineers, U.S. Army, 1968
b. Flood Plain Information Study, Little Miami River, Ohio, U.S. Army Corps of Engineers, 1966
c. Flood insurance Study, County of Clermont, Ohio Unincorporated Areas, Federal Insurance Administration.
4. Lakes or ponds intermittently filled with water-marshes, swamps and water spots (equivalent to soil types Bc, Ct, and Mb).

5. Areas of standing water-lakes, ponds and springs.
6. Quarries and gravel pits-complete Cu, Gr, and Rh soil types.
7. Bedrock Escarpments
8. Steep slope and erosion hazards – sand gravel soil types in excess of eighteen (18); silt soils in excess of twelve (12); and clay soils in excess of twelve (12) percent slope; defined as soil types Adc, CcD2, CkD3, EaD2, EaE2, EaF2, EbD2, EbE2, EbG2, EcE3, EdG3, FaE2, FaG2, GpE2, HkD2, HlF2, HiG3, RkE2, SeD2, and WrD2.

9. Other erosion hazards – defined as severely eroded spoy, erosion, areas of gravel, clay spot, and sand spot, made land, soil types Cu, Gr, and Rh.
10. Wetlands – defined to be nearly impervious soils of permeability less than 0.2 inches/hour of soil types Bc, Cf, and Mb.
B. Conservation Sensitive/Buffer District
Those lands and soils found to be directly affecting on the protection of a conservation element or of such sensitive character that they may require special use, design and engineering restrictions. Such land and soils include:
1. Tributary Drainage Buffers the zone of land one hundred fifty (150) feet from the centerline or bank of a perennial stream; the zone of land fifty (50) feet from the centerline or bank of an intermittent stream.

2. Flood Fringe and Shorelines the zones of land five hundred feet from: a) the edge of the flood zone; b) about all dams, levies, flood control embankment, holding ponds, and similar water control measures; c) from the bank, edge or shoreline of a marsh, swamp, wet spot, lake, pond or spring; and/or d) as the Corps of Engineers may determine to be affected by or affecting on any area above.

3. Exceedingly Shallow Depth to Seasonal High Water Table defined as less than six (6) inches from the surface or soil types Bc, ct, and Mb.

4. Non-compressive Soil Foundations defined as clay soil types EaD2, EaE2, SeC2, and SeD2.

5. Exceedingly Shallow Depth to Bedrock where bedrock is less than two (2) feet from the surface; soil types FaE2, and FaG2.

6. Moderate to Steep Slope and Erosion Hazard sand gravel soil between twelve (12) and eighteen (18); silt soil between six (6) and twelve (12); clay soil between six (6) and twelve (12) percent slopes; defined as soil types CcC2, EbC2, GpC2, RkD2, RpC2, RsC3, RtC, sEc2, and WrC2.

7. Other Limiting Hazards defined as stony, rock outcrop, chert fragment and scabby lands.
SECTION 404: STREET DESIGN STANDARDS
A. General Street Design Policies: to promote a coherent and efficient system of streets in the Village of New Richmond, the Planning Commission will:
1. Encourage the use of collector streets to serve minor residential streets wherever possible:
2. Discourage the frequent intersection of local residential streets with arterials:
3. Require proposed street systems to be compatible with the existing and/or proposed pattern of surrounding streets and land uses.

4. When considered desirable and practical, encourage the provision of interconnecting streets to adjacent property in such a manner as to provide for the orderly development of said adjacent property.

5. Encourage an arrangement of subdivision streets that display a positive relationship to on-site natural conditions.
6. Encourage street designs that enhance the residential amenity of new subdivisions by creating interesting visual perspectives and a sense of privacy.

7. Require street lights on all streets.
8. Sidewalks on all streets.
B. Functional Street Classification System:
1. Arterial streets: serve both as feeders to expressways and as principle travel ways between major land use concentrations. The primary function of arterial streets is traffic service. Consequently, direct land service functions should be minimized and high standards for curb cuts and driveways should be applied to protect arterial street capacities so they may function according to design.
2. Collector Streets: are designed to provide both land service and traffic movement functions. They serve as the intermediate feeders between local streets and arterials and primarily accommodate short trips.

3. Local Streets: are designed primarily to provide a land service function, and are intended to accommodate very localized, short trips.
C. All street construction shall be in accordance with the Village of New Richmond Design Standards located in the appendix of these regulations.
D. Special street Types: The following requirements shall apply to special street types:

1. Permanent dead-end streets shall not be permitted. Temporary dead-end streets shall be permitted only as part of a continuing street plan.
2. Dedication of new half-streets shall not be permitted. Where a dedicated or platted half-street exists adjacent to the tract being subdivided, the other half shall be platted.

3. Alleys shall not be approved in residential subdivision, except where justified by extreme conditions. Alleys may be required in commercial and industrial districts if other provisions cannot be made for adequate services access. The minimum widths for alleys shall be thirty (30) feet for the right-of-way and eighteen (18) feet for the pavement width.
4. Private streets may be permitted by the Planning Commission in platted subdivisions provided they meet the following requirements:
a. All private streets shall be constructed to satisfy the same requirements set out in these regulations and all other county specifications and requirements for the construction of public streets.
b. A Home Owners Association or other appropriate method is established to maintain the street system.
c. Private streets should not be planned to be extended to adjacent properties.

E. Intersection Design Standards:

1. The design and improvement standards for intersections are suggested minimums for all streets intersections in subdivisions. All such intersections shall be designed and constructed in accordance with the standards as specified in Table 5.
2. Multiple intersections involving junctions of more than two (2) streets shall be avoided.
3. Four-way intersections of local streets should be avoided and three-way or T- intersection shall be encouraged wherever possible.
4. Low points which would result in water ponding or poor visibility shall not be permitted.
F. Street Names:
Names of new streets shall not duplicate or nearly duplicate the names of existing streets of record or streets for which design plans have been approved.
New Streets which are extensions of or in alignment with existing streets shall bear the name of the existing streets.
SECTION 405: SIDEWALKS
A. As a general policy the Planning Commission shall require sidewalks along all regional arterials, suburban arterials and primary collectors streets. Sidewalks
shall also be generally required along both sides of new collector streets, multi-family subdivision streets.
B. Sidewalks shall be required along both sides of all local streets and cul-de-sac streets except in subdivisions where all lots are 20,000 square feet or larger and all lots have a lot width of 100 feet or more at the building line.
C. The Planning Commission may require sidewalks in any situation where proximity of the proposed subdivision to future or existing neighboring businesses, schools, community facilities or other pedestrian traffic generators, suggest sidewalks will be needed.
D. All required sidewalks shall be built in accordance with the Village of New Richmond Standards and Specifications.
E. The Planning Commission shall make a determination of need during each subdivision review and shall take into consideration any unique or unusual local conditions that would render unreasonable strict adherence to the above policies. If during this review the Planning Commission declares that subsections (a) thru (c) of section 405 cannot be met the Planning Commission may waive the requirement for sidewalks.
SECTION 406: CURBS, GUTTERS, AND STORM SEWERS
A. Curbs, gutters, and storm sewers shall be required in all subdivisions except in subdivisions where all lots are one acre or larger and have a lot width of 125 feet or more at the building lines. However, curbs, gutters, and storm sewers shall be required along all streets constructed with grades in excess of 8% unless an alternative method of storm drainage is approved by the Utility Foreman. Curbs, gutters, and storm sewers may be required by the Planning Commission upon recommendation of the Utility Foreman in any subdivision where they are deemed necessary for proper drainage.
B. As a general policy the Planning Commission shall require curbs, gutters, and storm sewers in all multi-family and nonresidential subdivisions. However, the determination of need shall be made during each subdivision review and upon the recommendation of the Utility Foreman, the Planning Commission shall determine the best system for accommodating surface drainage needs upon the project design and natural topographic features of the site in question.
SECTION 407: BLOCKS
The following regulations shall govern the design layout of blocks:
A. Irregularly shaped blocks, those intended for cul-de-sacs or loop streets, and those containing interior parks or playgrounds, may be approved by the Commission if properly designed and located and if the maintenance of interior public spaces is covered by agreements.
C. No block, shall be longer than fifteen hundred (1500) feet and the block shall accommodate two (2) tiers of lots, except where unusual topography or other exceptional physical circumstances exist.
SECTION 408: LOTS
The following regulations should govern the design and layout of lots:
A. The lot arrangement and design should be such that all lots provided satisfactory building sites, properly related to topography and character of surrounding development.
B. All lots shall conform to or exceed the requirements of these subdivision regulations and the zoning district requirements for the district in which they are located and the use for which they are intended. Where soil or other drainage conditions are of such nature that they do not meet the requirements of the Planning Commission for the proper operation of wells and septic tanks and other on-site waste disposal systems, the size of the lots in the subdivision shall be increased to meet at least the minimum required standards required to meet the proper Planning Commission regulations.
C. Each lot shall front (abut) on a public street except lots fronting on private streets.
D. All side lot lines shall be at right angles to street lines and radial to curved, street lines, except where the Commission determines that a variation to this rule would provide a better layout.
E. Lots with double frontage shall be avoided except where the Commission determines that it is essential to provide separation of residential development from arterial streets.
F. No corner lot shall have a width at the building of less than eighty (80) feet.
G. The "panhandle" of a panhandle lot as defined in section II of these regulations shall have a minimum width of twenty (20) feet and shall not exceed three hundred (300) feet in length.
H. All lots, except lots which contain an area of five (5) acres or more, shall be designed not to exceed an approximate 3:1 depth to width ratio unless some characteristic peculiar to the site renders such ratio to be undesirable or impractical. The computation of the lot depth to width ratio shall not include the "panhandle" of a panhandle type lot as defined in Section II of these regulations. In this respect, the Planning Commission shall seriously discourage the creation of extremely long, narrow lots which represent an expedient method of utilizing existing road frontage.
I. Lots containing five (5) acres or more subject to subdivision regulations shall not be less than two hundred fifty (250) feet in width at any location ( except "pie shaped " lots along the bubbles of permanent cul-de-sacs); they should be of such shape and dimensions as to render the possible re subdivision of any such parcels at some later date into lots and streets which meet the requirements of these regulations.
SECTION 409: EASEMENTS
A. Public utility easements at least twenty (20) feet in total width may be required along the rear and sides of lots where needed for the accommodation of a public utility or for sanitary structures. Surface drainage easements at least twenty (20) ft. in total width may also be required upon recommendation of the Utility Foreman. Where deemed necessary by the Planning Commission an additional easement width shall be provided.
B. The subdivider shall provide easement for storm drainage purposes which conform substantially with the lines of any natural water courses, channels, streams, or creeks which traverse the subdivision or any new channel, which is established to substitute for a natural watercourse, channel, stream or creek. Such rights-of-way or easements shall be of a width which will provide for the maintenance needs of the channel and incidental structures as determined by the Planning Commission.
SECTION 410: PUBLIC WATER SUPPLY
Where the property to be subdivided involves twenty (20) or more building lots or twenty (20) or more dwelling units and where the property to be subdivided is located within 1500 ft. of a public water main, the water main (s) shall be extended by the subdivider and water service shall be provided for each building lot or dwelling unit.
However, regardless of the number of building lots or dwelling units, where the property to be subdivided is located within 500 ft. of a public water main, the water main (s) shall be extended by the subdivider and water service shall be provided for each building lot or dwelling unit. This requirement is, however, not applicable to minor subdivision as they are defined in this resolution and the Ohio Revised Code.
SECTION 411: SANITARY SEWERS:
Where the property to be subdivided is located within 500 ft. of a public sanitary sewer system, public sanitary sewers shall be installed to serve all lots. However, sanitary sewers shall not be required where the installation of sanitary sewers are contrary to the rules and regulations of the Village of New Richmond Utility Department. This requirement is, however, not applicable to minor subdivisions as they are defined in this resolution and the Ohio Revised Code.
Where public sanitary sewers are not required or provided, the subdivider shall provide:
A. A central treatment plant, provided that such central treatment plant is installed in accordance with state and Clermont County Health Department requirements; or
B. When individual disposal systems are to be used, the developer must provide the Planning Commission with written verification, from the Clermont County Health Department, that the lots and proposed systems meet adopted department standards.
SECTION 412: PHYSICAL CONSIDERATIONS
Subdivisions should be planned to take advantage of the topography of the land, to economize in the construction of drainage facilities, to reduce the amount of danger, to minimize destruction of trees and topsoil and to preserve such natural features as water courses, unusual rock formations, large trees, sites of historical significance and other assets which if preserved, will add attractiveness and value to the subdivision and the community.
SECTION 413: FLOOD PLAIN
A. As a safety measure for the protection of the health and welfare of the people of the Village of New Richmond, the commission shall not approve any subdivision located in the Flood Plain Area. If the subdivision is located in said area, the commission may approve the subdivision provided the developer or subdivider agrees to perform such improvements set forth in the New Richmond Flood Plain Ordinance.
B. If a stream flows through, or adjacent to, the proposed subdivision, the plat shall provide for a storm water easement or drainage right-of-way along the stream for a floodway of at least twenty (20) feet or wider if needed. The floodway easement shall be wide enough to provide for future enlargement of the stream channels as adjacent areas become more highly developed and runoff rates are increased.
C. Approval shall not be given for streets within a subdivision which would be subject to flooding. All streets must be located at elevations which will make them flood free in order that no portion of the subdivision would become isolated by floods.
SECTION 414: PUBLIC OPEN SPACE
The Planning Commission urges every subdivider to provide open space for such associated uses as parks, playgrounds, schools, etc., to a degree commensurate with the size. Density and nature of the proposed development. Where an adopted master exists for parks, schools, etc., and where such plans pertain to the tract to be subdivided, the Planning Commission shall require the space requirements of the plan to be incorporated into the subdivision design. This shall be accomplished by dedication, reservation for use, acquisition, or any other method acceptable to the Planning Commission that would not place an unreasonable burden on the subdivider.

ARTICLE V
REQUIREMENTS FOR SPECIAL DEVELOPMENTS
SECTION 501: GENERAL PROVISIONS
Special Developments are separate entities with distinct characteristics which are intended to be in harmony with the natural site features and surrounding developments. Conventional design standards contained in Article VI may be waived and modified by the degree necessary to achieve the intent of the special development. However the project must clearly demonstrate that the natural features of the site are being preserved and that the attributes of the project could not be achieved with strict adherence to conventional regulations. Projects which are designed primarily to circumvent conventional regulations shall not be approved.
SECTION 502: PLANNED UNIT DEVELOPMENTS:
It is the intent of these regulations to accommodate creative and imaginative Community and Planned unit Developments and to permit utilization of those innovations in land development technology which are in the best interest of the Village of New Richmond. It is the purpose of section 702 to waive design requirements by the degree necessary to accomplish the following objectives:
A. The conservation of natural amenities of the landscape.
B. The creation of functional and interesting residential areas.
C. The provision of readily accessible open space.
D. The separation of pedestrian and vehicular circulation.
E. The provision of a necessary complement of community facilities.
The developer must however comply with the appropriate zoning regulations if applicable, and the review requirements of these regulations. If the project is planned in an un zoned area, the Planning Commission may approve the development provided that the density of the project does not exceed five (5) units per gross acre, the intent and objectives of these regulations are met, and the developer provides all necessary information which may be required by the Commission to make an appropriate decision.
A. OPEN SPACE: A major element of the community or Planned unit Development is privately owned or publicly owned common property within the development. These developments usually contain such features as an internal park network abutting home sites, recreational facilities, and preservation of natural amenities. A Home Owners Association should be established to provide for the maintenance of all properties held in common.
B. PRIVATE STREETS: Private streets may be permitted in Community or Planned unit Developments provided they meet the following requirements:
1. All developments shall be constructed to satisfy the same requirements set out in these regulations and all other village specifications and requirements for the construction of public streets.
2. A Home Owners Association or other appropriate method is established to maintain the street system.
3. Private streets should not be planned to be extended to adjacent properties.
C. PUBLIC STREETS: The Planning Commission may require certain streets within Community or Planned Development to be public if it determines that the project density necessitates the use of public streets and that traffic connections are required to adjacent plats or developments for adequate circulation.
D. SANITARY SEWER LINES AND APPURTENANCES: All sanitary sewer lines and appurtenances and water lines constructed within a community or Planned unit Development shall be built under the supervision of the Village Utility Foreman to the specifications adopted by that office after the necessary inspection fee has been posted. Such facilities will be provided with easements satisfying the requirements of the Village Administrator's Office.
E. STAGING OF NONRESIDENTIAL CONSTRUCTION: If a Community or Planned Unit Development contains nonresidential uses, these uses may be constructed first, but only if the Planning Commission finds and records its findings on the Final Development Plan that the nonresidential uses are consistent with the Comprehensive Plan for the community even though the residential area of the Planned Development is not built or not completed.
F. DEED OUT: In community and Planned unit Developments, the Planning Commission will permit the transfer off the fee simple title for parcels of land large enough to accommodate a unit of attached town houses, "row houses" or patio homes and its accompanying patio, garden or small yard area. This "zero lot line" method of title transfer shall be known as "deed out" and shall only be permitted in projects developed in accordance with the intent and objectives of these regulations and in accordance with a recorded development plan for the project. The design of all deed out projects must however satisfy zoning requirements governing the tract in question.
G. CONDOMINIUMS: Chapter 5311 of the Ohio Revised Code provides for the recording of ownership of condominiums. Condominium ownership does not excuse compliance with these regulations whenever appropriate.
SECTION 503: HILLSIDE DEVELOPMENT
The regulations contained in this section are intended to encourage subdivision techniques which will minimize disturbance of the natural topographic features and other physical assets of the Village of New Richmond hillside areas. A hillside area as referred to herein is defined in the Terrain Classification Definition "Hillside" in Article II of this Resolution.
A. COMBINING REGULATIONS: In large subdivisions, where only a portion of the tract qualifies as a hillside area, the regulations included in this section may be used in combination with the regulations contained in other Articles of the subdivision regulations.
B. LOTTING: Lots proposed for hillsides development must bear a relationship to existing topography and must be of a sufficient size and configuration to assure an appropriate placement of structures thereon. In all instances, the smallest lot shall satisfy the minimum lot size requirement specified in the zoning district governing the tact of land.
C. STRUCTURE PLACEMENT: The preliminary plans shall indicate the approximate location of each proposed structure. Structures should be placed in such a manner as to require a minimum amount of alteration to the existing contours and other physical assets of the site.
D. CONFORMITY TO EXISTING STREETS: Whenever a Hillside Development abuts or contains an existing or proposed major thoroughfare the standards as contained in these regulations shall be applicable. If the Hillside Development abuts or contains an existing local or collector residential street, it must meet the requirements of these regulations.
E. STREET DESIGN CRITERIA:
1. All streets will be designed as local streets. Their alignment will reflect existing topographic features and will be planned to prohibit through traffic.
2. The Planning Commission may allow a reduction in pavement width to eighteen (18) feet for those streets serving either directly or indirectly twenty-five (25) lots or less.
3. The Planning commission may allow a maximum 12% street gradient on hillside streets.
4. The Planning Commission shall require curbs, gutters, storm sewers and sidewalks for any Hillside street which would normally require such improvements under Article VI of these regulations. However, along any Hillside street; curbs, gutters, and storm sewers shall be required by the Planning Commission upon the Utility Foreman's recommendation and determination that such improvements are necessary to accommodate the surface drainage in order to prevent soil erosion or to protect the hillside or public improvements from potential damage.
F. RESUBDIVISION: A Hillside Development may be re subdivided only where no new building sites are created or where the re subdivider constructs all improvement or additional improvements to the design requirements set out in Article VI. The record plat of a Hillside Development must clearly indicate that it is a Special Development approved under Article VII of The village of New Richmond Subdivision Regulations and shall include in its covenants and restrictions a clause prohibiting the resubdivision of any lot within the development except where in compliance with these regulations.
SECTION 504: LARGE LOT DEVELOPMENT
The regulations contained in this section are intended to accommodate low-density development, which will provide livable environments with a minimal disturbance to natural topography and physical assets of the proposed site.
A. MINIMUM LOT SIZE: All lots in "Large Lot Developments" shall contain a minimum of two (2) acres (87,120 square feet).
B. CONFORMITY TO EXISTING STREETS AND THOROUGHFARE PLAN:
Whenever a Large Lot Development abuts or contains an existing or proposed major thoroughfare, the standards as contained in these regulations shall be applicable. If a Large Lot Development abuts or contains an existing local or collector residential street, it must meet the requirements of these regulations.
C. STREET DESIGN CRITERIA:
1. All streets will be designed as local streets. Their alignment will reflect existing topographic features and will be planned to prohibit thru traffic.

2. The Planning Commission may allow a reduction in pavement width to eighteen (18) feet for streets serving either directly or indirectly twenty-five (25) lots or less. These streets must be planned to terminate within the property and not be extended to additional lots.
The Planning Commission, however reserves the right to require extension of the street to property lines if special circumstances warrant this determination.
3. As a general policy curbs, gutters, storm sewers and sidewalks will not usually be required within a Large Lot Development. However, the Planning Commission shall require these improvements where such improvements are required under Article VI of these regulations.
D. RESUBDIVISION: A Large Lot Development may be resubdivided only where no new building sites are created or where the resubdivider constructs all improvements or additional improvements to the design requirements set out in Article VI. The record plat of a Large Lot Development must clearly indicate that it is a Special Development approved under Article VII of the Village Of New Richmond Subdivision Regulations and shall include in its covenants and restrictions a clause prohibiting the resubdivision of any lot within the development except where in compliance with the requirements of these regulations.

ARTICLE VI
REQUIREMENTS FOR CONSTRUCTION OF IMPROVEMENTS
SECTION 601: GUARANTEE FOR INSTALLATION OF IMPROVEMENTS
A. GENERAL: In order that the Village has the assurance that the construction and installation of such improvements as street surfacing, curbs, gutters, sidewalks, sanitary sewers, water supply and drainage improvements will be constructed, the subdivider shall enter into one of the following agreements:
1. To construct all improvements directly affecting the subdivision, as required by the commission, prior to the final approval of the record plat, or
2. In lieu of the completion of the improvements, the subdivider shall furnish a commercial surety bond, a certified check, a cash deposit or another method approved by the Clerk Treasurer, equal to the cost of construction of such improvement as shown on plans, and based on an estimate approved by the Utility Foreman and/or the Street Superintendent, as the case may be.

B. BONDS: Before the record plat is given final approval the developers shall have executed a subdivider's permit and a performance bond in the form of a surety, bond, certified check or letter of credit for 100% of the construction cost of the ultimate installation and initial inspection of the required improvements. The actual amount of the bond will be determined by the Clerk Treasurer or his representative for street, water lines, and sewer improvements. The performance bond(s) shall be made out to the Village of New Richmond and shall include an agreement and/or description of the purpose of the bond. The bond shall run for a period of two (2) years from the date of execution and shall be upon a form approved by the Village of New Richmond. The record plat for a subdivision shall not be signed by the Planning Commission or Village Mayor until the subdivider furnishes a written certification from the Community Development Director that the required improvements have been constructed and/or the appropriate bond or bonds have been executed.
C. EXTENSION OF TIME: If the construction or installation of any improvements or facility, for which guarantee has been made by the developer in the form of bond or cash deposit, is not completed within two (2) years from the date of final approval of the record plat, the developer may request the Planning Commission to grant an
extension of one year (1) provided he can show reasonable cause for inabil1ty to complete said improvements within the required two (2) years. The extension shall not exceed one year (1). At the expiration of the one year (1) extension the Village of New Richmond may use as much of the bond or cash deposit as necessary to complete the construction of the improvements. The same shall apply whenever construction of improvements is not performed in accordance with applicable standards and specifications.
D. INSPECTION FEE:
1. Street Improvements: Before the final approval of a subdivision plat or construction plan for street improvements, the subdivider or developer shall deposit, with the Clerk Treasurer a fee for the inspection of the construction of street improvements included on the development, the fee will also include the cost of all testing. The subdivider or developer shall pay the entire cost and expense of the inspection and testing. Upon completion and acceptance of the street improvements, any unexpended balance remaining from such deposit or deposits shall be refunded to the subdivider or developer. The deposit shall be a certified check or money order made payable to the village of New Richmond and deposited in a special fund known as the "Fund for inspection of Roads, Streets, and Alleys Privately Constructed" commonly known as "Fund J". From time to time transfers will be made from "Fund J" to the proper Village of New Richmond Road Fund from which payrolls for inspection and invoices for testing are paid. The office of the Clerk Treasurer will keep a running account of the status of each inspection and testing account and will institute the transfers by filing vouchers with the Village of New Richmond Treasurer; refunds to the subdivider or developer will be made in the same manner.
2. Water Supply and Sanitary Sewer Improvements: Inspection of all lines both water and sanitary which are to be accepted by the Village of New Richmond shall be conducted by the Village Utility Foreman. No fee will be charged unless on the recommendation of the Utility Foreman the Village Engineer must be consulted. In the event that the Village Engineer is needed to make a recommendation for approval of a utility line, the fee is incurred by the developer.
E. INSPECTION AND TESTING:
1. Street Improvements;
a. Inspection of the construction of street improvements shall be made by the Village Engineer or his duly appointed representative. Forty eight (48) hours notice shall be required before any work begins, including all grade work. The subdivider or developer is hereby cautioned that any work requiring inspection, which is performed without proper inspection, will not be accepted by the Village of New Richmond. The inspection of street improvements shall include the construction of the subgrade, base courses, surface courses, concrete pavements, curb and gutter, storm drains, sidewalks, drainage structures, guard rail and any additional items included in the plans.

b. Testing of materials and compaction of subgrades and base materials shall be performed by the Village Engineer, and paid for by the Developer.
2. Water Supply and Sanitary Sewer Improvements: The inspection of water supply and sanitary sewer improvements shall be made by the Utility Foreman.
F ACCEPTANCE:
1. Street Improvements; When the construction of street improvements have been constructed to the satisfaction of the Village Engineer in compliance with the approved construction plans and these rules and regulations, a recommendation shall be made to the Planning Commission for the release of the performance bond. Upon acceptance of the recommendation by the Planning Commission, the performance bond will be released upon the filing of a maintenance bond. The bond shall be for a period of one year upon a form approved by the Planning Commission. The maintenance bond shall guarantee the replacement or repair of any damage caused by poor workmanship, faulty materials, snow and ice removal, or other causes for which the developer is directly responsible as well as keeping the right of way and the street area clean of obstruction or materials which would hinder the driving public. The developer shall be responsible for year round maintenance on the street and shall keep ditches open and free flowing, mud off of the streets, building materials out of the right of way, track equipment off of pavement and shall remove snow and/or ice. The required one-year maintenance bond shall begin with the date of the Planning Commission's certificate of acceptance of the maintenance bond or at a date as recommended by the Street Superintendent and accepted by the Planning Commission.
The developer shall hold the Village of New Richmond free and harmless from any and all claims for damages of every nature arising or growing out of the construction of the required street improvements and shall defend, at his or their own cost and expense, each and every cause of action brought against said Village of New Richmond by reason thereof until the final acceptance, on the expiration date of the maintenance bond, has been made by the Street Superintendent and the Planning Commission.
2. Water Supply and Sanitary Sewer Improvements; Where water distribution systems or extensions thereof and/or sanitary sewer systems or treatment facilities are constructed and installed pursuant to these regulations said improvements shall be guaranteed for a period of one (1) year against all defects of workmanship and materials. The required guarantee and the acceptance of water supply and sanitary sewer improvements shall be governed by the Rules and Regulations of the Village of New Richmond utility Department.
G. FAILURE TO COMPLY: Whenever public improvements have not been constructed and/or maintained in accordance with the agreement and with the specifications established, the Planning Commission may exercise its rights of foreclosure under the bond.
SECTION 602: CONSTRUCTION PROCEDURE AND MATERIALS
The subdivider shall design and construct improvements not less than the standards outlined in these regulations. The work shall be done under Village supervision and inspection and shall be completed within the time fixed or agreed upon by the Street Superintendent and/or Utility Foreman. The minimum requirements for materials shall be in accordance with the standards of the "Construction and Material Specifications" of the Village of New Richmond or as amended by the Street Superintendent, the requirements of the Village of New Richmond Planning Commission, and the requirements of the Ohio Department of Health. All inspection costs shall be paid by the subdivider.
SECTION 603: SURVEY MONUMENTS
A complete survey shall be made by a registered surveyor. The traverse of the exterior boundaries of the tract and of each block, when computed from field measurements of the ground, shall close within a limit or error of one foot to ten thousand (10,000) feet of the perimeter before balancing the survey.
Permanent reference monuments made of stone or concrete, at least thirty-six (36) inches in length and six (6) inches square with suitable center point, shall be located and placed within the subdivision, and their location noted on the record plan.

ARTICLE VII
ADMINISTRATION AND ENFORCEMENT
SECTION 701: RECORDING OF PLAT
No plat of any subdivision located within the unincorporated area of the Village of New Richmond shall be entitled to record in the office of the Village Administrator or shall have any validity until it shall have been approved by the manner prescribed in these subdivision regulations. In the event any such unapproved plat is recorded, it shall be considered invalid and the Commission shall institute proceedings to have the plat stricken from the records of the Village of New Richmond, Ohio
SECTION 702: REVISION OF PLAT AFTER APPROVAL
No changes, erasures, modifications, or revisions shall be made in any plat of a subdivision after approval has been given by the Planning Commission, and endorsed in writing on the plat, unless said plat is first resubmitted to the Commission.
SECTION 703: RESUBDIVISION
Whenever a plat for an existing recorded subdivision is proposed to be changed or altered, such change or alteration shall be considered a resubdivision and shall be submitted to the Planning Commission for approval in compliance with these regulations.
SECTION 704: SALE OF LAND WITHIN SUBDIVISIONS
No owner or agen