Development Regulations
For
Village of Johnstown, Ohio
JOHNSTOWN VILLAGE COUNCIL
ORIGINAL ADOPTION: JANUARY 30, 2012
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 1 of 262
THIS PAGE WAS INTENTIALLY LEFT BLANK
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 2 of 262
JOHNSTOWN VILLAGE COUNCIL
Sean Staneart - Mayor
Joyce Evans
Sharon Hendren
David Keck
Carol VanDeest
Kevin Riffe
Chris Speck
VILLAGE DEPARTMENT MANAGERS
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, Ohio 43031
Phone: 740-967-3177
Fax: 740-967-3519
www.villageofjohnstown.org
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 3 of 262
THIS PAGE WAS INTENTIALLY LEFT BLANK
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 4 of 262
TABLE OF CONTENTS
ARTICLE 1 TITLE, PURPOSE, SCOPE & JURISDICTION.................................. 13
SECTION 1.0 TITLE ..................................................................................................... 13
Section 1.00 Purpose & Scope............................................................................... 13
Section 1.01 Authority ........................................................................................... 13
Section 1.02 Administration................................................................................... 13
Section 1.03 Jurisdictions ...................................................................................... 14
Section 1.04 Relation to Other Laws ..................................................................... 14
Section 1.05 Amendment ........................................................................................ 14
Section 1.06 Interpretation .................................................................................... 14
Section 1.07 Separability, Validity ........................................................................ 14
Section 1.08 Exceptions ......................................................................................... 14
Section 1.09 Appendix ........................................................................................... 15
ARTICLE 2 DEFINITIONS .......................................................................................... 17
SECTION 2.0 INTERPRETATION OF TERMS AND WORDS .............................................. 17
Section 2.00 Definitions ......................................................................................... 17
ARTICLE 3 PROCEDURES FOR MINOR LAND DIVISION AND SUBDIVISON
APPROVAL .................................................................................................................... 43
SECTION 3.0 INTRODUCTION ...................................................................................... 43
SECTION 3.1 MINOR LAND DIVISION (LOT SPLIT) ...................................................... 44
Section 3.10 Minor Land Division Criteria ........................................................... 44
Table 1: Driveway Spacing Requirement ............................................................. 45
Section 3.11 Review and Approval of Minor Land Divisions Under 20 Acres. .... 45
Section 3.12 Review & Approval of Minor Land Divisions of 20 Acres or Larger47
Section 3.13 Submittal & Approval Process for Minor Land Division ................. 48
Section 3.14 Approved Access Points & Culverts for Minor Land Divisions ....... 48
Section 3.15 Recourse from Minor Land Division Disapproval ........................... 49
Section 3.16 Adjacent Property Transfer (Former Exempt Split) ......................... 49
SECTION 3.2 MAJOR LAND DIVISION (SUBDIVISION) ................................................. 50
Section 3.20 Major Subdivision Criteria & Review Process ................................. 50
Section 3.21 Pre-Application Conference............................................................. 50
SECTION 3.3 SKETCH PLAN ........................................................................................ 50
Section 3.30 Sketch Plan Definition and Purpose ................................................. 51
Section 3.31 Sketch Plan Application and Review ................................................ 51
Section 3.32 Sketch Plan Contents ........................................................................ 52
Section 3.33 Sketch Plan Approval Period ............................................................ 53
SECTION 3.4 PRELIMINARY PLAN ............................................................................... 53
Section 3.40 Preliminary Plan Definition and Purpose ........................................ 54
Section 3.41 Posting Notice of Development ......................................................... 54
Section 3.42 Line Fence Requirements for Major Subdivisions and Development 54
Section 3.43 Submission to Ohio Department of Transportation/ Local MPO ..... 55
Section 3.44 Preliminary Plan Application and Review ........................................ 55
Section 3.45 Notice to Property Owners................................................................ 57
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 5 of 262
Section 3.46 Preliminary Plan Planning and Zoning Commission Meeting ......... 57
Section 3.47 Preliminary Plan Contents ................................................................ 57
Section 3.48 Preliminary Plan Approval Period and Extension Request .............. 60
Section 3.49 Submission of Construction Plans and Pre Construction Conference
................................................................................................................................... 61
SECTION 3.5 FINAL PLAT............................................................................................ 62
Section 3.50 Final Plat Definition and Purpose .................................................... 62
Section 3.51 Final Plat Application and Review ................................................... 62
Section 3.52 Notice to Property Owners................................................................ 63
Section 3.53 Final Plat Planning and Zoning Commission Meeting .................... 64
Section 3.54 Final Plat Contents ........................................................................... 64
Section 3.55 Final Plat Approval........................................................................... 66
Section 3.56 Recording of Final Plat and Extension Request ............................... 66
Section 3.57 Regulations Governing Improvements .............................................. 67
Section 3.58 Phasing .............................................................................................. 67
SECTION 3.6 DEVELOPMENT REVIEW ............................................................................ 67
Section 3.60 Development Review Process/Requirements .................................... 67
Section 3.61 Violation of Development Review ..................................................... 68
Section 3.62 Transfer of Lots by Subdivider .......................................................... 68
Section 3.63 Transfer of Lot Contrary to Plat Prohibited ..................................... 69
SECTION 3.7 REPLAT...................................................................................................... 69
ARTICLE 4 SUBDIVISION DESIGN STANDARDS ................................................ 71
SECTION 4.0 GENERAL ................................................................................................... 71
Section 4.00 Conformity to Development Plans and Zoning ................................. 71
Section 4.01 Suitability of Land ............................................................................. 71
SECTION 4.1 STREETS .................................................................................................... 71
Section 4.10 Right-of-Way Requirements .............................................................. 73
Section 4.11 Street Classifications and Design Standards .................................... 74
Section 4.12 Cul-de-Sacs ....................................................................................... 75
Table 2: Design Elements for Cul-de-Sac Streets................................................. 76
Figure 1: Loop Offset Cul-De-Sac, Curb and Gutter ........................................... 77
Figure 2: Loop Offset Cul-De-Sac, Center Island ............................................... 77
Section 4.13 Local Residential Streets ................................................................... 78
Table 3: Design Elements for Local Residential Streets ...................................... 78
Figure 3: Local Residential Street, Curbs and Gutter ........................................... 80
Section 4.14 Minor Collectors ............................................................................... 81
Table 4: Design Elements for Minor Collectors ................................................... 81
Figure 5: Minor Collector, Minimum ................................................................... 82
Figure 6: Minor Collectors, 4 Lanes ..................................................................... 82
Section 4.15 Major Collectors ............................................................................... 83
Table 5: Design Elements for Major Collectors ................................................... 83
Figure 7: Major Collector, Minimums .................................................................. 84
Figure 8: Major Collector, Ideal ........................................................................... 84
Section 4.16 Minor Arterials.................................................................................. 85
Table 6: Design Elements for Minor Arterials ..................................................... 85
Figure 9: Minor Arterial, Center Turn Lane ......................................................... 86
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 6 of 262
Figure 10: Minor Arterial, Left and Right Turn Lane .......................................... 86
Section 4.17 Major Arterials.................................................................................. 87
Table 7: Design Elements for Major Arterials ...................................................... 87
Figure 11: Major Arterial, Grass Median ............................................................. 88
Figure 12: Major Arterial, Left & Right Turn Lanes ............................................ 88
Section 4.18 Marginal Access Roads ..................................................................... 89
Table 8: Design Elements for Marginal Access Roads ........................................ 89
Figure 13: Marginal Access Road, Curbs and Gutters ......................................... 90
Figure 14: Marginal Access Road with Ditches ................................................... 90
SECTION 4.2 LOOP CUL-DE-SACS AND ROUNDABOUT .................................................... 91
Figure 15: Roundabout Design Standard .............................................................. 91
Table 9: Roundabout Recommended Maximum Entry Design Speed ................. 92
SECTION 4.3 SPECIAL STREET TYPES ............................................................................. 92
Section 4.30 Street Names...................................................................................... 94
Section 4.31 Horizontal Alignments ...................................................................... 94
Section 4.32 Vertical Alignments ........................................................................... 94
Section 4.33 General Street Suffix ......................................................................... 94
SECTION 4.4 INTERSECTION DESIGN STANDARDS .......................................................... 95
Table 10: Design Elements for Intersections/Driveways/Access Roads .............. 95
Section 4.40 General Intersection and Roadway Standards ................................. 95
Section 4.41 Streets for Non-Residential Subdivisions .......................................... 96
Section 4.42 Sidewalks and Pedestrian Accesses .................................................. 97
Section 4.43 Curbs and Gutters/Storm Sewers ...................................................... 98
SECTION 4.5 LOTS AND BLOCKS .................................................................................... 99
Section 4.50 Block Standards ................................................................................ 99
Section 4.51 Lot Standards .................................................................................... 99
Section 4.52 Easements ........................................................................................ 101
SECTION 4.6 PHYSICAL CONSIDERATIONS AND NATURAL FEATURES .......................... 101
Section 4.60 Flood Plain and Watercourses ....................................................... 102
Section 4.61 Storm Drainage Channels ............................................................... 104
Section 4.62 Erosion Control............................................................................... 104
Section 4.63 Erosion Control Standards ............................................................. 104
Section 4.64 Site Protection ................................................................................. 106
Section 4.65 Landscape Buffering ....................................................................... 107
Section 4.66 Noise Abatement Procedures .......................................................... 107
Figure 16: Noise Barrier Detail........................................................................... 108
SECTION 4.7 OPEN SPACE ............................................................................................ 108
Section 4.70 Land Provision and Dedication of Residential Development ......... 108
Section 4.71 Limitations on Use of Required Land and Fees .............................. 112
Section 4.72 Adjustment to Open Space .............................................................. 112
SECTION 4.8 CONDOMINIUM, MULTI-FAMILY, AND COMMERCIAL DEVELOPMENT ..... 113
Section 4.80 Private Streets ................................................................................ 113
Section 4.81 Public Streets .................................................................................. 113
Section 4.82 Design Standards ............................................................................ 113
Section 4.83 Water & Sewer ................................................................................ 115
Section 4.84 Parking Spaces in AR District ........................................................ 115
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 7 of 262
Section 4.85 Drainage in AR Districts ................................................................ 115
Section 4.86 Underground Telephone, Electric, and other Lines in AR Districts116
Section 4.87 Village May Require other Improvements ...................................... 116
Section 4.88 Deposit Required with Improvement Plan ...................................... 116
Section 4.89 Compliance Required to Obtain Building Permit or Occupancy
Certificate
116
Section 4.810 Service Roads ................................................................................ 116
Section 4.811 Street Lighting ............................................................................... 117
Section 4.812 Design and Layout ........................................................................ 117
Section 4.813 Lights to be Installed ..................................................................... 117
Section 4.814 Maintenance of Lighting is Responsibility of Home Owners
Association
118
Section 4.815 Damages to Distribution System ................................................... 118
Section 4.816 Completion Bond Required ........................................................... 118
Section 4.817 Easement for Energy Lines to Light Standards................................ 118
SECTION 4.9 LANDSCAPING ......................................................................................... 118
Section 4.90 Street Frontage Trees ..................................................................... 119
Section 4.91 Street and Walkway Lighting ......................................................... 120
ARTICLE 5: RULES AND REQUIREMENTS FOR CONSTRUCTION OF
IMPROVEMENTS ....................................................................................................... 122
SECTION 5.0: TITLE ..................................................................................................... 122
Section 5.00 Statutory Authorization; Delegation ............................................... 122
Section 5.01 Purpose ........................................................................................... 122
Section 5.02 Scope ............................................................................................... 122
Section 5.03 Disclaimer of Liability .................................................................... 122
Section 5.04 Requirements................................................................................... 123
SECTION 5.1 GUARANTEE FOR INSTALLATION OF IMPROVEMENTS .............................. 123
Section 5.10 Construction Procedure and Materials .......................................... 123
Section 5.11 Monuments, Markers, and Pins ...................................................... 123
SECTION 5.2 STREETS, ROADWAYS .............................................................................. 124
Section 5.20 Pavement Design for All Roadways ................................................ 124
Section 5.21 Street Name Signs, Traffic Signs, and Street Naming ..................... 124
SECTION 5.3 WATER SUPPLY ....................................................................................... 125
Section 5.30 Public Water Supply ........................................................................ 125
Section 5.31 Fire Protection ................................................................................ 125
SECTION 5.4 SANITARY SEWER IMPROVEMENTS.......................................................... 126
Section 5.40 Public Sanitary Sewer System ......................................................... 126
SECTION 5.5 DRAINAGE IMPROVEMENTS ..................................................................... 127
Section 5.50 Culverts and Bridges ....................................................................... 127
SECTION 5.6 OVER-SIZE AND OFF-SITE IMPROVEMENTS ............................................. 127
Section 5.60 Cost of Over-Size Improvements ..................................................... 127
Section 5.61 Off-Site Extensions .......................................................................... 128
SECTION 5.7 INSPECTIONS; ENFORCEMENT .............................................................. 128
ARTICLE 6: URBAN SOIL & SEDIMENT POLLUTION CONTROL &
STORMWATER MANAGEMENT............................................................................ 130
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 8 of 262
SECTION 6.0 TITLE ................................................................................................... 131
Section 6.00 Statutory Authorization; Delegation ............................................... 131
Section 6.01 Purpose ........................................................................................... 131
Section 6.02 Scope ............................................................................................... 131
Section 6.03 Disclaimer of Liability .................................................................... 131
Section 6.04 Requirements................................................................................... 132
Section 6.05 Exceptions for Public Improvements .............................................. 132
Section 6.06 Standards and Criteria................................................................... 132
Table 11: 24-Hour Critical Storm ....................................................................... 134
Table 12: Maximum Velocities .......................................................................... 136
SECTION 6.1 SITE DEVELOPMENT PLANNING PROCEDURES ......................................... 137
Section 6.10 Required Information: .................................................................... 137
Section 6.11 Information Content Requirement .................................................. 138
Section 6.12 Submission, Review, and Approval/Disapproval & Appeal ........... 141
Section 6.13 Abatement Control Plan Contents & Requirements ....................... 142
Section 6.14 Plan Submission, Review, Approval/Disapproval, Appeal. ............ 143
Section 6.15 Inspections; Enforcement................................................................ 144
ARTICLE 7: ASSURANCE FOR COMPLETION AND MAINTENANCE OF
IMPROVEMENTS ....................................................................................................... 145
SECTION 7.0: TITLE ..................................................................................................... 145
Section 7.00 Statutory Authorization; Delegation ............................................... 145
Section 7.01 Purpose ........................................................................................... 145
Section 7.02 Scope ............................................................................................... 145
Section 7.03 Disclaimer of Liability .................................................................... 145
Section 7.04 Requirements................................................................................... 146
SECTION 7.1 IMPROVEMENTS; GUARANTEE ............................................................... 146
Section 7.10 Construction and Dedication of Improvements ............................... 146
Section 7.11 Guarantee of Improvements ............................................................. 146
Section 7.12 Extension of Time ............................................................................ 148
Section 7.13 Inspections ...................................................................................... 149
Section 7.14 Release or Reduction of Guarantee ................................................ 149
Section 7.15 Maintenance of Improvements ........................................................ 150
Section 7.16 Deferral or Waiver of Required Improvements .............................. 150
SECTION 7.2 INSPECTIONS; ENFORCEMENT .............................................................. 151
ARTICLE 8 - VILLAGE OF JOHNSTOWN ACCESS MANAGEMENT PLAN 152
SECTION 8.0 INTENT AND PURPOSE.............................................................................. 152
Section 8.00 Applicability .................................................................................... 153
Section 8.01 Definitions ....................................................................................... 153
SECTION 8.1 CONGESTION PREVENTION SYSTEM/STANDARDS .................................... 153
Section 8.10 Classifications ................................................................................. 153
Table 13: AASHTO Safe Stopping Sight Distance ............................................ 154
Table 14: Driveway Spacing Requirements ....................................................... 154
Table 15: Setback Requirements of Future Right of Ways ................................ 154
Section 8.11 Major Arterial ................................................................................. 155
Section 8.12 Minor Arterial ................................................................................. 156
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 9 of 262
Section 8.13 Major Collector .............................................................................. 157
Section 8.14 Minor Collectors ............................................................................. 159
Section 8.15 Minor Land Division (Lot Split) on Classified Roadways .............. 159
SECTION 8.2 GENERAL ROADWAY STANDARDS ....................................................... 160
SECTION 8.3 GENERAL CONGESTION PREVENTION STANDARDS............................... 160
Section 8.30 Corner Clearances .......................................................................... 160
Section 8.31 Joint and Cross Access ................................................................... 161
Figure 17: Examples of Cross Access Corridor Design ..................................... 161
Section 8.32 Left Turn Lane Improvements and Requirements ........................... 163
Table 16: Conditions Requiring Left Turn Improvements ................................. 163
Section 8.33 Right Deceleration Lane Improvements and Requirements ........... 164
Table 17: Conditions Requiring Right Turn Improvements ............................... 164
Section 8.34 General Access Connection and Driveway Design ........................ 164
Figure 18: Driveway Location ............................................................................ 166
Figure 19: Driveway Throat Length ................................................................... 166
Table 18: Generally Adequate Driveway Throat Lengths .................................. 167
Section 8.35 Requirements for Outparcels and Phased Development Plans ...... 168
Section 8.36 Nonconforming Access Features .................................................... 168
SECTION 8.4
MULTI-FAMILY, COMMERCIAL, & INDUSTRIAL DEVELOPMENT ........ 169
Section 8.40 Corridor Congestion Prevention Overlay ...................................... 169
Section 8.41 Reverse Frontage ............................................................................ 170
Section 8.42 Shared Access or Common Access Driveway ................................. 170
Figure 20: Shared Access................................................................................... 171
Section 8.43 Connectivity .................................................................................... 171
Section 8.44 Private Streets (except Commercial/Industrial) ............................. 171
Section 8.45 Site Plan Procedures....................................................................... 172
SECTION 8.5 VARIANCE STANDARDS ....................................................................... 174
ARTICLE 9 REVISIONS AND ENFORCEMENT .................................................. 176
SECTION 9.0 TRANSFER OR LEASE OF LAND............................................................. 176
SECTION 9.1 SCHEDULE OF FEES, CHARGES, AND EXPENSES ................................... 176
SECTION 9.2 RECORDING OF PLAT ........................................................................... 176
Section 9.20 Revision of Plat After Approval ...................................................... 176
SECTION 9.3 PENALTIES ........................................................................................... 176
SECTION 9.4 VARIANCES .......................................................................................... 177
SECTION 9.5 APPEAL OF DECISION OF PLANNING AND ZONING COMMISSION .......... 179
Section 9.50 Appeal of Decision of Planning and Zoning Commission Director 179
SECTION 9.6 VACATING OF PLATS ............................................................................ 179
ARTICLE 10 ENACTMENT ...................................................................................... 181
SECTION 10.0 EFFECTIVE DATE ................................................................................. 181
APPENDIX I – RESERVED FOR FUTURE USE .................................................... 183
APPENDIX II - REQUIRED STATEMENTS AND SIGNATURES TO BE
AFFIXED ON THE PLATS ........................................................................................ 185
APPENDIX III - SAMPLE WATERCOURSE EASEMENT .................................. 189
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 10 of 262
APPENDIX IV - COMMON ACCESS DRIVE EASEMENT AND SHARED
MAINTANENCE AGREEMENT............................................................................... 191
APPENDIX V - SAMPLE HOMEOWNERS ASSOCIATION AGREEMENT .... 195
APPENDIX VI - SAMPLE CROSS ACCESS AGREEMENT ................................ 200
APPENDIX VII - MINIMUM PAVEMENT COMPOSITION ............................... 207
APPENDIX VIII – RESERVED FOR FUTURE USE .............................................. 210
APPENDIX IX – VILLAGE OF JOHNSTOWN DEVELOPMENT FEE
SCHEDULE................................................................................................................... 212
APPENDIX X - GUARD RAIL WARRANT STUDY .............................................. 214
APPENDIX XI - VILLAGE ROADWAY CLASSIFICATIONS ............................ 216
APPENDIX XII – RESERVED FOR FUTURE USE ............................................... 218
APPENDIX XIII - DEVELOPMENT INSPECTION SCHEDULE ........................ 220
APPENDIX XIV - NPDES / EROSION CONTROL MEASURES ......................... 222
APPENDIX XV - DITCH DESIGN CRITERIA ....................................................... 224
APPENDIX XVI - RIGHT IN/ RIGHT OUT DESIGN CRITERIA ....................... 226
APPENDIX XVII - SKETCH PLAN APPLICATION ............................................. 232
APPENDIX XVIII - PRELIMINARY PLAN APPLICATION ............................... 235
APPENDIX XIX – FINAL PLAT APPLICATION .................................................. 240
APPENDIX XX - CERTIFICATE OF DEVELOPMENT REVIEW ..................... 244
APPENDIX XXI - RAINFALL TABLE ..................................................................... 249
APPENDIX XXII – DITCH MAINTENANCE PROCEDURE ............................... 251
APPENDIX XXIII – ENHANCED DITCH DESIGN ............................................... 253
APPENDIX XXIV - PERMISSIBLE VELOCITIES ................................................ 255
APPENDIX XXV - ADOPTION OF AMENDMENTS TO THESE REGULATIONS
......................................................................................................................................... 257
APPENDIX XXVI - LIST OF ACCEPTABLE STREET TREES .......................... 258
APPENDIX XXVII - INDEX ....................................................................................... 262
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 11 of 262
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 12 of 262
ARTICLE 1 TITLE, PURPOSE, SCOPE & JURISDICTION
Section 1.0 Title
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 1.00 Purpose & Scope
The purpose of these Regulations is to provide for the public health, safety, convenience,
and general welfare of the Village 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 the Village 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 1.01 Authority
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 1.02 Administration
The Village Planner, herein referred to as the “Planner”, shall administer these
Regulations.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 13 of 262
Section 1.03 Jurisdictions
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 1.04 Relation 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 1.05 Amendment
These Regulations may be amended, after public hearings and other requirements, as
specified in Section 711 of the Ohio Revised Code.
Section 1.06 Interpretation
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 1.07 Separability, 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 1.08 Exceptions
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 14 of 262
There are four special 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 Management Regulations.
2. 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.
3. 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.
4. 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 Management Plan.
Section 1.09 Appendix
This Appendix is not hereby adopted as part of the Village of Johnstown Development
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.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 15 of 262
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 16 of 262
ARTICLE 2 DEFINITIONS
Section 2.0 Interpretation 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 2.00 Definitions
208 Plan: Developed to assist all stakeholders in the Village of Johnstown to 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.
A.A.S.H.T.O.: American Association of State Highway Transportation Officials. This
organization publishes a manual with transportation and roadway standards cited in these
Regulations.
Access: A way or means of approach to provide vehicular or pedestrian entrance or exit
to a property.
Access Classification: A ranking system for roadways used to determine the appropriate
degree of access management and congestion prevention. Factors considered include
functional classification, the appropriate local government’s adopted plan for the
roadway, existing or potential land use of abutting properties, and existing level of access
control.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 17 of 262
Access Connection: Any driveway, street, turnout, or other means of providing for the
movement of vehicles to or from the public roadway system.
Access Management: The process of providing and managing access to land
development while preserving the flow of all modes of traffic in terms of safety, capacity,
speed, and the prevention of congestion. This traffic can include automobile, truck, mass
transit, bicycle, and pedestrian forms. See Congestion Prevention.
Access Management Plan: A plan, or portion thereof, adopted by the Village Planner
indicating the general location of recommended major thoroughfares such as arterial and
collectors (see Article 8 of these regulations).
Access way: That area of road surface from curb line to curb line or between the edges
of the paved or hard surface of the roadway, which may include travel lanes, parking
lanes, and deceleration lanes located within the road right of way.
ADA: The American Disabilities Act of 1990 as in 42 U.S.C. 12101 et seq. and as is
amended from time to time
ADT: See Average Daily Traffic, below.
Agricultural:
Agriculture includes farming; ranching; aquiculture; apiculture;
horticulture; viticulture; animal husbandry, including but not limited to the care and
raising of livestock, equine, and fur-bearing animals; poultry husbandry and the
production of poultry and poultry products; dairy production; the production of field
crops, tobacco, fruits, vegetables, nursery stock, ornamental shrubs, ornamental trees,
flowers, sod, or mushrooms; timber; pasturage; any combination of the foregoing; the
processing, drying, storage, and marketing of agricultural products when those activities
are conducted in conjunction with, but are not secondary to, such husbandry or
production.
Applicant: The legal owner or owners of land included in a proposed development,
including the holder of an option or contract to purchase, or person having an enforceable
legal interest in such land. When the applicant is not the legal owner, written consent
shall be required from the legal owner of the land. See also Developer.
Appropriate Authority: Those federal, state, or local agencies or departments, with
expertise, interests, and/or authority in a given area, from which recommendations and/or
approvals could be required. These include, but are not limited to: OEPA, ODOT,
ODNR, SWCD, Local Water and Sewer District, etc.
Army Corps of Engineers (ACOE): A branch of the Department of Defense which,
among other duties, provides assistance to state and local governments in the planning,
development, operation and maintenance of water resources and flood control. In
conjunction with stream and river management, the Corps also provides environmental
restoration, wildlife protection and recreation.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 18 of 262
Average Daily Traffic (ADT): The average number of vehicles that travel that portion
of roadway in the specified direction each day.
Best Management Practices (BMP): Schedules of activities, prohibition or practices,
maintenance procedures, and other best management practices (both structural and nonstructural) to prevent or reduce the pollution of surface waters of the state. BMP’s also
include treatment requirements, operating procedures, and practices to control
construction site runoff, spillage or leaks, sludge or waste disposal or drainage from raw
material storage. Some BMP’s may qualify for credit towards water quality standards
from, but are not limited to, the OEPA, ODOT, ODNR, SWCD.
Block: A tract of land bounded by streets or by a combination of streets, public parks,
cemeteries, railroad rights-of-way, waterways, or the corporate limits of the Village or a
municipality.
Bridge: A structure carrying a pathway or roadway over a depression or obstacle that
has a span greater than 10’ wide.
Buffer, Landscape: An area within a property or site either consisting of natural
existing vegetation or created by the planting or placement of trees, shrubs, fences, and/or
berms, designed to limit the view, light, and/or sound from or to the site to adjacent sites,
properties, or thoroughfares.
Buffer, Streambank: The area of no disturbance located on each side of a natural stream
which shall be maintained in its natural or scenic condition to provide water quality
protection and flood buffering.
Buildable Area: Space remaining on a lot after the minimum subdivision and zoning
requirements for yards, setbacks, easements, and restrictions have been met.
Business Day: A day of the week excluding Saturday, Sunday, or a legal holiday as
defined in Section 1.14 of the Ohio Revised Code.
Channel: A natural stream that conveys water; a ditch or channel excavated for the flow
of water.
Classified Roadway: A roadway categorized by the amount of traffic it can or will carry
and the amount of congestion prevention and access management it should receive. They
are “Major Arterial,” “Minor Arterial,” “Major Collector,” and/or “Minor Collector” as
designated by the Village of Johnstown Access Management Plan and Appendix XII.
Common Access Driveway (CAD): A driveway shared by adjacent property owners and
privately owned and maintained. Common Access Drives are limited in the number of
homes that they are permitted to serve.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 19 of 262
Common Access Point (CAP): A point located with its center being a lot line and the
road, where a driveway meets the road. This driveway shall extend from the road surface
to the road right of way line and shall be shared point of access for the lot owners. From
the road right of way line the driveways shall separate onto individual lots.
Common Area Property: A parcel(s) of land or an area of water or a combination of
land and water within a development site designated, designed, and intended for the use
and enjoyment of the residents of the development. Common areas may contain such
complimentary structures and improvements as are necessary and appropriate for the
benefit and enjoyment of residents of the development.
Community Facilities: A noncommercial use established primarily for the benefit and
service of the population of the development in which it is located.
Completely Subdivided: A tract that is divided into as many lots as the subdivider
intends and/or these Regulations permit.
Comprehensive Plan: A plan, or any portion thereof, adopted by the Village Council
showing the general location and extent of present and proposed physical facilities and
open spaces including housing, industrial and commercial uses, major streets, parks,
schools, and other community facilities. This plan establishes the goals, objectives, and
policies of the community based on public input and its demographics, economics,
natural physical characteristics, and sociology.
Congestion Prevention: The process of providing and managing access to land
development while preserving the flow of all modes of traffic in terms of safety, capacity,
speed, and the prevention of congestion. This traffic can include automobile, truck, mass
transit, bicycle, and pedestrian forms.
Congestion Prevention Plan (Corridor): A plan illustrating the design of access for
lots on a highway, arterial, or collector segment and/or an interchange area.
Connection Spacing: The distance between connections, measured from the closet edge
of pavement of the first connection to the closest edge of pavement of the second
connection along the edge of the traveled way.
Contour Interval: A line on a map or survey that represents where all the land at the
elevation is located. Contour maps show topography and United States Geological
Survey (USGS) maps are based on ten (10) foot contour interval lines.
Corner Clearance: The distance from an intersection of a public or private road to the
nearest access connection, measured from the closest edge of the pavement of the
intersecting road to the closest edge of the pavement of the connection along the traveled
way (see below).
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 20 of 262
STREET
CO
RNER CL
EARAN
E
C
C
O
R
N
E
R
C
LE
A
R
A
N
C
E
D
IS
T
A
N
C
E
D
IS
T
A
N
C
E
B
E
T
WE
E
N
D
R
IV
E
WA
Y
C
O
N
N
E
C
T
IO
N
S
Corridor Overlay Zone: Special access requirements added onto existing land
development requirements along designated portions of a public thoroughfare.
Covenant: a legally enforceable written agreement or promise which restricts the land or
the use of the land by the correct property owner and all subsequent owners of the land an
which is included in the deed or other instrument recorded with the Licking County
Recorder
Critical Areas: As they pertain to erosion control measures are defined in Appendix
XIV by the Licking County Soil and Water Conservation District.
Cross Access: A service drive providing vehicular access between two or more
contiguous sites so the driver need not enter the public roadway system. (See Below)
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 21 of 262
Rear CrossAccessDri ve
G ood
Separat i on
U n d e v e lo p e d
P ro p e ty
r
U n d e v e lo p e d
P ro p e rty
G ood
Separat i on
Front AccessDri ve
Zi g- Zag Access Dri ve
Accpt abl e
Separat i on
CrossAccessDri ve
Culvert: A conduit with a span of less than ten (10) feet for conveying water through an
embankment.
Curb: A stone or concrete boundary usually marking the edge of a roadway or paved
area.
Dedication: An agreed, uncompensated appropriation of land, or an interest therein, by
the property owner for use by the public. Examples of dedication may include but are not
limited to land dedicated for street, utility easements or other land reserved for public use.
Dedication, fee in lieu of: Cash payments that may be required of an owner or developer
as a substitute for a dedication of land, usually calculated in dollars per lot, and referred
to as in-lieu fees or in-lieu contributions.
Deed: An instrument in writing that conveys and interest in land from the grantor to the
grantee. Deeds are generally classified as bargain and sale, general warranty deeds, or
quitclaim deeds.
Deed Restriction (see also Covenant): A legal restriction on the use of land, included in
the deed to a property.
Density: A unit of measurement; the number of dwelling units per acre of land.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 22 of 262


Gross Density: The numerical value obtained by dividing the total number of
dwelling units in a development by the gross area of the tract of land (in acres)
within the development. This would include all nonresidential uses and private
streets of the development, as well as rights-of-way of dedicated streets; the result
being the number of dwelling units per gross acre of land.
Net Density: The numerical value obtained by dividing the total number of
dwelling units in a development by area of the actual tract of land (in acres) upon
which the dwelling units are proposed to be located and including common areas
and associated recreational facilities within the area; the result being the number
of dwelling units per net residential acre of land. Net density calculations exclude
rights-of-way of publicly dedicated streets and private streets.
Denude: The act of stripping, scraping, and/or scalping a site of vegetation, thus
exposing bare soil.
Detention: The capture, collection, and subsequent slow release of stormwater runoff;
the primary purpose of which is to mitigate increases in stormwater runoff rates,
providing protection, whether complete or partial, to down-slope areas, from the adverse
effects of increased runoff rates.
Detention Basin/Pond: A man-made or natural water collecting facility designed to
collect surface and subsurface water in order to temporarily impede its flow and to
release the same gradually at a rate not greater than that prior to development, into natural
or man-made outlets. See also Retention Basin/Pond.
Developer: Any individual, subdivider, firm, association, syndicate partnership,
corporation, trust, or any other legal entity commencing proceedings under these
Regulations to effect a platted subdivision or a development of land hereunder for
himself or for another. Also, the holder of an option or contract to purchase, or any other
person having enforceable proprietary interests in such land.
Development:
1. The construction of a new building or other structures on a plot, the relocation of
other structures on a lot, the relocation of an existing building on another lot, or
the use of open land for a new land use.
2. Also means any man-made change to improved or unimproved real estate,
including but not limited to parking, fences, pools, signs, temporary uses, clearing
the land of natural vegetative cover (with the exception of agricultural activities,
except timbering), subdivision of land, mining, dredging, filling, grading, paving,
excavation, or drilling operations. Routine repair and maintenance activities are
exempted.
3. Development occurring on one or more existing lots that involves the opening,
widening, or extension of any easement of access or driveway, and/or will
increase the traffic flow to and from the site onto a public roadway, and/or will
increase the impermeable surface area of the site by more than twenty percent
(20%) of the total lot area.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 23 of 262
Development Area: An area owned by an individual, firm, or association being
developed as a single phase or multiple phases (units) and used or being developed or
redeveloped, for non-farm commercial, industrial, residential or other non-farm purposes
upon which earth disturbing/land disturbance activities are planned or underway.
Directional Median Opening: An opening in a restrictive median, which provides for
specific movements and physically restricts other movements. Directional median
openings for two opposing left or “U-turn” movements along a road segment are
considered one directional median opening.
District Highway Director: The director of the local district (District 5) of the Ohio
Department of Transportation.
Ditch: An excavation either dug or natural for the purposes of drainage or irrigation with
intermittent flow.
Ditch Petition: The process, governed by the Chapter 6131 of the Ohio Revised Code,
and amendments, that details the method for permitting public maintenance of drainage
facilities.
Drainage: The removal of surface or subsurface water from a given area either by
gravity or by pumping.
Drainage Plan: Includes BMP’s, facilities, channels, and areas which serve to convey,
filter, store, and/or receive stormwater, either on a temporary or permanent basis. See
also sediment or erosion control plan.
Drainageway: An area of concentrated water flow.
Driveway: A privately owned and maintained way to one lot of record used to provide
vehicular and pedestrian access.
Dry Hydrant or Draughting Hydrant: A non-pressurized pipe system permanently
installed in lakes, ponds, streams, cisterns, and other structures that provide a means of
access to water for the use of fighting fires whenever needed, regardless of weather.
Dumping: Grading, pushing, pilling, throwing, unloading, or placing of any material.
Dwelling Unit: Space, within a building, comprising living, dining, sleeping room or
rooms, storage closets, as well as space and equipment for cooking, bathing, and toilet
facilities, all used by only one family and its household employees.
Earth-Disturbing Activity: Any grading, excavating, filling, or other alteration of the
earth’s surface where natural or man-made ground cover is destroyed and which results
in or contributes to erosion and sediment pollution.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 24 of 262
Earth Material: Soil, sediment, rock, sand, gravel, and organic material or residue
associated with or attached to the soil.
Easement: A legal ownership interest in land given by the owner (grantee) to a third
party (grantor) for the specific purpose described in the written document that shall be
recorded with the Licking County Recorder.
Easement of Access: An easement for immediate or future use, to provide vehicular
and/or pedestrian access and/or accommodation for utilities, from a street to a lot,
principal building, or accessory structure.
Emergency Access/Emergency Apparatus Access Road: A road that provides fire
apparatus or emergency equipment access from the fire station to a facility, building, or
right of way. This is a general term inclusive of all other terms such as fire lane,
emergency lane, road, street, etc.
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.
Erosion:
1.
The wearing away of the land surface by running water, wind, ice, or other
geological agents, including such processes as gravitational creep.
2.
Detachment and movement of soil or rock fragments by wind, water, ice, or
gravity.
3.
Erosion includes:
Accelerated Erosion: Erosion much more rapid than the normal, natural, or
geological erosion, primarily as a result of the influence of the activities of man.
Flood Plain Erosion: Abrading and wearing away of the nearly level land situated
on either side of a channel due to overflow flooding.
Gully Erosion: The erosion process whereby water accumulates in narrow
channels during and immediately after rainfall or snow or ice melt and actively
removes the soil from this narrow area to considerable depths such that the
channel would not be obliterated by normal smoothing or tillage operations.
Natural Erosion (Geologic Erosion): Wearing away of the earth’s surface by
water, ice, or other environmental conditions of climate, vegetation, etc.,
undisturbed by man.
Normal Erosion: The gradual erosion of land used by man, which does not
greatly exceed natural erosion.
Rill Erosion: An erosion process in which numerous small channels only several
inches deep are formed; occurs mainly on recently disturbed soils.
Sheet Erosion: The removal of a fairly uniform layer of soil from the land surface
by wind or runoff water.
Erosion Control Plan: See Sediment Control Plan below.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 25 of 262
Existing Grade: The level of ground prior to any development or earth disturbing
activity.
Federal Emergency Management Agency (FEMA): The agency with the overall
responsibility for administering the National Flood Insurance Program.
Fee-in-Lieu of: See Dedication, Fee-in Lieu of.
Fee Simple: A form of land ownership that includes all property rights, including the
right to develop land.
Final Plat (Mylar): A final map of all of a portion of a subdivision or site plan that is
present to the property review authorities for final approval. After approval, the Final Plat
is recorded with the Licking County Recorder.
Final Plat (Process): The process to ensure that all conditions, engineering plans, and
other requirements have been completed or fulfilled and that required improvements have
been installed, or guarantees properly posted for their completion.
Finished Grade or Finished Elevation: The grade or elevation of the ground surface
conforming to the site-grading plan.
Flood or Flooding: A general and temporary
condition of partial or complete inundation of
normally dry land areas from the overflow of inland
or tidal waters, or the unusual and rapid accumulation
or runoff or surface waters from any source.
Flood, Base: A flood having a one percent chance
of being equaled or exceeded in any given year, also
known as the 100-year flood.
Flood Fringe: The portion of the floodplain, which
lies on either side of the floodway.
SOURCE: http://www.ohiodnr.gov/water/floodpln/
Flood Insurance Rate Map (FIRM): An official map on which the Federal Emergency
Management Agency has delineated the areas of special flood hazard.
Flood Insurance Study: The official report in which the Federal Emergency
Management Agency has provided flood profiles, floodway boundaries, and the water
surface elevations of the base flood.
Flood Plain or Flood-Prone Area: Any land area susceptible to being inundated by
water from any source. A Flood Insurance Rate Map identifies some, but not all, of a
community’s floodplains as the Special Flood Hazard Areas.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 26 of 262
Floodway: The channel of a river or other watercourse and the adjacent land areas that
must be reserved in order to discharge the base flood without cumulatively increasing the
water surface elevation more than one foot.
Frontage Road: A public or private drive, which generally parallels a public street
between the right-of-way and the front building setback line. The frontage road provides
access to private properties while separating them from the arterial street. (See also
Service Roads)
Full Median Opening: An opening in a restrictive median that allows all turning
movements from the roadway and the intersecting road or access connection.
Functional Area (Intersection): That area beyond the physical intersection of two
roadway facilities that comprises decision and maneuver distance, plus any required
vehicle storage length, and is protected through corner clearance and driveway
connection spacing standards. (See Below)
BO
UNDARYO
F
I
NTERSECTI
O
N
PhysicalAr ea
Funct
ionalAr ea
Functional Classification: A system used to group public roadways into classes
according to their purpose in moving vehicles and providing access.
Grassed Waterway: A broad or shallow natural course or constructed channel covered
with erosion-resistant grasses or similar vegetative cover and used to conduct surface
water.
Grubbing: Any activity that removes or significantly disturbs the root matter within the
ground.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 27 of 262
Hazard: Any danger to public health, welfare, and safety including exposure to risk or
damage to property of liability for personal injury; or risk of harm to land, air or water
resulting in environmental degradation. Hazards can include but are not limited to
flooding and ponding, compaction and settling, landslides, earthquakes, toxic chemicals,
radiation, fire and disease.
Headwall: A wall (of any material) at the end of a culvert or drain to serve one or more
of the following purposes: protect fill from scour or undermining, increase hydraulic
efficiency, divert direction of flow, serve as a retaining wall.
Highway Director: The director of the Ohio Department of Transportation.
HOA; Home Owners Association: An association or organization, whether or not
incorporated, which operates under and pursuant to recorded covenants or deed
restrictions, through which each owner of a portion of a subdivision-be it a lot, parcel
site, unit plot, condominium, or any other interest-is automatically a member as a
condition of ownerships and each such member is subject to a charge or assessment for a
pro-rated share of expense of the association which may become a lien against the lot,
parcel, unit, condominium, or other interest of the member.
Improvements: Street pavement or resurfacing, curbs, gutters, sidewalks, water lines,
sewer lines, storm drains, street lights, flood control and drainage facilities, utility lines,
landscaping, and other related matters normally associated with the development of raw
land into building sites, or for a new land use or a change in land use.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 28 of 262
Increase in Access: Adding more vehicle traffic entering and/or exiting through that
area than previously existed due to a change or expansion of use and/or the physical
widening of the access point itself.
Inspector: Duly authorized agent of the Village Engineer, Village Planner, or Licking
County Soil and Water Conservation District.
Instrument Number: Identification number provided by the Licking County Recorder’s
Office on deeds, and other recorded documents that are recorded with the County
Recorder. (See also Deed)
Jog: A jog is where two parallel streets intersect with a common street with an offset of
the centerlines of less than two hundred fifty feet.
Joint Access (or Shared Access): The point where vehicles enter or leave the public
roadway to or from a private lot, which are shared, by two or more contiguous sites.
Licking County Area Transportation Study (LCATS): This is the federally
designated Metropolitan Planning Organization (MPO) for all of Licking County except
Etna Township, the City of Reynoldsburg and the City of Pataskala and established as a
result of the federal Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991
and the Clean Air Act of 1990. The main goal of LCATS is to utilize federal funds that
are available to the county to produce the most efficient transportation system possible
through the 20 Year Long-Range Transportation Plan and the Transportation
Improvement Program (TIP). It is also responsible for the County Thoroughfare Plan.
Licking County Building Code Department: The organization that is responsible for
regulating construction and require building permits, electrical permits, mechanical
permits, plumbing permits, and other permits to do work regulated by the Building Code
Department pertaining to building and building regulation.
Licking County Engineer:
Revised Code.
The office established under Chapter 315 of the Ohio
Licking County Health Department: The organization representing the Board of
Health of the Licking County General Health District established under Chapter 3709 of
the Ohio Revised Code.
Licking County Recorder: The office established under Chapter 315 of the Ohio
Revised Code.
Licking County Soil and Water Conservation District (SWCD): A district organized
under Section 1515.05 of the Ohio Revised Code. A political subdivision of the State of
Ohio in charge of informing individuals about best management techniques for soil and
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 29 of 262
water. The SWCD works in conjunction with the Ohio Soil and Water Conservation
District which is established in the Ohio Department of Natural Resources.
Village of Johnstown Water and Wastewater Department (VJWWD): The Village of
Johnstown water and sewer departments that provides centralized water and wastewater
services to the Village of Johnstown.
Limited Access Highway / Freeway: A highway especially designed for through traffic
and over which abutting property owners have no easement or right of access (or no right
of increased access) by reason of the fact that their property abuts upon such highway
(ORC 5511.02) except as granted by these Regulations. Major and Minor Arterials, as
identified in the Village of Johnstown Access Management Plan and these Regulations,
are Limited Access Highways/Freeways.
Location and Design Manual: A manual produced by the Ohio Department of
Transportation, which provides for uniform standards and criteria for transportation
facilities for both state and local roads.
Location Map: See also Vicinity Map.
Lot: Includes the words “plot” or “parcel.” 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 a
lot shall have frontage on an improved public street, and shall consist of one of the
following:
1.
A single lot of record.
2.
A portion of a lot of record on the same deed.
3.
A combination of complete lots of record, or complete lots of record and portions
of lots of record, or of portions of lots of record on the same deed.
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, and any other easements of record.
Lot Frontage: That portion of a lot extending along a street right-of-way.
Lot Lines: The lines that make up the boundary of a lot.
Lot Measurement: A lot shall be measured as follows:
1.
Depth of a lot considered to be the distance between the mid-points of straight
lines connecting the foremost points of the side lot lines at the front yard setback
and the rearmost points of the side lot lines in the rear.
2.
Width of a lot shall be considered to be the distance between straight lines
connecting from and rear lot lines at each side of the lot, measured at the front
building setback line as established by the current Village zoning regulations or,
where no zoning exists, 40 feet back from the edge of the current or proposed
right-of-way.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 30 of 262
Lot, Nonconforming: A lot that does not meet the dimensional requirements of these
Regulations or the zoning district in which it is located and that existed before these
requirements became effective.
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 Split (Minor Land Division): The division of the original tract does not involve the
opening, widening or extension of any street or road, or easement of access, does not
involve more than five (5) lots, including the remainder of the original tract.
Lot Types: Terminology used in these Regulations with reference to corner lots, interior
lots, and through lots is as follows:
1. 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
straight lines drawn from the foremost points of the side lot lines to the foremost
points of the lot meet at an interior angle of less than 135 degrees.
2. An interior lot is a lot other than a corner lot with only one frontage on a street.
3. A through lot is a lot other than a corner lot with frontage on more than one street.
Through lots abutting two streets are sometimes referred to as double frontage
lots.
4. 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.
5. A flag lot is a lot, which utilizes a narrow strip of land to provide access to, or
legal frontage on, a public street.
Lot Front age
Corner
Int erior Lot
Lot
Int erior Lot
Lot
Dept h
SideLot
Lines
Corner
Lot
FlagLot
Through
Lot
Corner
Lot
Lot
W
idt h
Int erior Lot
St reet
Mid Ohio Regional Planning Commission (MORPC): This is the federally designated
Metropolitan Planning Organization (MPO) for Etna Township, the City of Reynoldsburg
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 31 of 262
and the City of Pataskala in Licking County and established as a result of the federal
Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991 and the Clean Air
Act of 1990. The main goal of MORPC is to utilize federal funds that are available to its
members to produce the most efficient transportation system possible through the 20
Year Long-Range Transportation Plan and the Transportation Improvement Program
(TIP).
Minor Land Division: A division of a parcel of land that does not require a plat to be
approved by a planning authority according to Section 711.131 of the Ohio Revised
Code. Also known as a lot split.
Monuments: Permanent concrete or iron markers used to definitively establish all lines
of the plat of a subdivision, including all lot corners, boundary line corners, and points of
change in street alignment.
More Than Five (5) Acres: The term more than five (5) acres shall mean a minimum of
5.01 acres.
MPO: Regional planning entity responsible for transportation planning and approval of
federal transportation funding for the region.
Natural Resource Conservation Service (NRCS): A federal agency that provides
technical assistance about natural resource conservation and administers water quality
programs.
National Pollutant Discharge Elimination System (NPDES) Permit: As authorized
by the Clean Water Act, the National Pollutant Discharge Elimination System (NPDES)
permit program controls water pollution by regulating point sources that discharge
pollutants into waters. See Appendix XIV
Nonconforming Access Features: Features of the access system of a property that
existed at the date of this article’s adoption that do not conform with the requirements of
these Regulations.
Nonrestrictive Median: A median or painted centerline that does not provide a physical
barrier between traffic traveling in opposite directions or turning left, including
continuous center turn lanes and undivided roads.
Ohio Department of Natural Resources (ODNR): The department of the State of Ohio
that is responsible for the protection of Ohio’s resources. This involves sustaining the
productivity of Ohio's renewable natural resources such as timber, wildlife, and water;
promoting wise use of Ohio's non-renewable resources such as oil and gas; and protecting
Ohio's threatened and endangered natural resources such as rare plants and animals.
Ohio Department of Transportation (ODOT): The department of the State of Ohio
charged with creating, maintaining, and supporting infrastructure to move people and
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 32 of 262
goods within the state. ODOT is divided into districts, with District 5 responsible for
Licking County.
Ohio Environmental Protection Agency (OEPA): Ohio EPA has authority to
implement laws and regulations regarding air and water quality standards; solid,
hazardous and infectious waste disposal standards; water quality planning, supervision of
sewage treatment and public drinking water supplies; and cleanup of unregulated
hazardous waste sites.
Ohio Revised Code (ORC): The laws adopted by the State of Ohio that govern the
state.
Open Space: Any land area, the preservation of which in its present use would: (1)
conserve and enhance natural or scenic resources; or (2) protect streams or water supply:
or (3) promote conservation of soils, wetlands, beaches, or tidal marshes; or (4) enhance
the value to the public of abutting or neighboring parks, forests, wildlife preserves, nature
reservations, or sanctuaries; or (5) enhance recreational opportunities.
Original Tract: Property shown as a parcel or contiguous parcels under the same
ownership on the official tax maps of Licking County as of January 1st of each year.
Original Owner: The individual, family member, persons, company, or corporation
(with essentially the same ownership or share-holders) owning the tract as shown on the
official tax map as of January 1st of each year.
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 or development plat.
Out Parcel: A parcel of land abutting and external to the larger, main parcel, which is
under separate ownership and has roadway frontage.
Parcel: A contiguous quantity of land in single ownership or under single control, or
parcels described on one deed reference.
Pad: A building site prepared by artificial means, including but not limited to, grading,
excavation, filling, or any combination thereof.
Parking Space, Off-street: For the purpose of these Regulations, an off-street parking
space shall consist of an area adequate for parking an automobile with room for opening
doors on both sides, together with property related access to public street or alley and
maneuvering room, but shall be located totally outside of any street or alley right-of-way.
The Planner shall utilize the current edition of Urban Planning and Design Criteria, for
determining the size and number of parking spaces.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 33 of 262
Pavement Width: Width of paved driving and parking surface, including gutters as
measured from curb face to curb face, or from the edge of pavement where there are no
curbs.
Pedestrian Walkway: An allowance designed exclusively for pedestrians other than a
sidewalk and shall include nature trails and paths.
Performance Bond or Surety Bond: An agreement by a subdivider or developer with
the Village for the amount of the estimated construction cost guaranteeing the completion
of physical improvements according to plans and specifications within the time
prescribed by subdivider’s agreement.
Permanent Stabilization: The establishment of permanent vegetation, decorative
landscape mulching, matting, sod, rip rap, and landscaping techniques to provide
permanent erosion control on areas where construction operations are complete or where
no further disturbances are expected for at lease one year.
Person: Any individual, corporation, partnership, joint venture, agency, business
association, municipal corporation, county or state agency, the federal government, or
any combination thereof.
Plan: The map, drawing, or chart containing the developer’s plan for a subdivision that
fall under the following categories:
1. Sketch Plan: A generalized concept plan of a subdivision, accompanied by
the information described in Section 3.3 of these Regulations.
2. Preliminary Plan: A map indicating the proposed layout of a development
and related information described in Section 3.4 of these Regulations.
3. Final Plat: The final map of all or a portion of a subdivision and related
information described in Section 3.5 of these Regulations.
Planned Unit Development (PUD): An area for which a unitary development plan has
been prepared indicating but not being limited to, the following land uses: open space,
on-site circulation for both pedestrians and vehicles, parking, setbacks, housing densities,
building spacing, land coverage, landscaping, relationships, streets, building heights,
accessory uses. A Planned Unit Development also includes “cluster developments,”
which are a development design technique that concentrates buildings in a specific area
on a site to allow the remaining land to be used for recreation, common open space, or
preservation of environmentally sensitive areas.
Planner: Herein refers to the Village Planner (Planner).
Planning and Zoning Commission (PZC): A committee made up of local officials or
other local, state, or federal authorities. The Planning and Zoning Commission will
advise and recommend to the Village Planner on matters related to subdivisions,
developments, plats, and other matters as requested by the Village Planner.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 34 of 262
Plat: The legal map, drawing, or chart containing the developer’s plan for a subdivision,
which is officially recorded.
Pollution: The man-made or man-induced alteration of the chemical, physical, biological
or radiological integrity of air, water or soil resources.
Preliminary Plan: A plan used to determine whether the proposed layout meets the
standards and requirements of these Regulations and whether the proposed development
concepts under the zoning classification and proposed public improvements and utilities
are acceptable to the appropriate offices, agencies, and governmental bodies having
jurisdiction.
Principal or Main Building/Structure: Any building/structure which is carried on the
principal purpose for which the building lot is used and shall include a barn or silo used
in conjunction with a farm.
Private Road: Any road or thoroughfare for vehicular travel which is privately owned
and maintained and which provides the principal means of access to abutting properties.
Public Access: A means of physical approach to and along common open space or use
available to the public or landowners within a development.
Public Road: A road under the jurisdiction of a public body that provides the principal
means of access to an abutting property.
Public Waters: Water within rivers, streams, ditches, and lakes except private ponds and
lakes wholly within single properties, or waters leaving property on which surface water
originates.
Public Way: An alley, avenue, boulevard, bridge, channel, ditch, easement, expressway,
freeway, highway, land, parkway, right-of-way, or other ways in which the general public
or a public entity have a right, or which are dedicated, whether improved or not.
Quasi-Public: A use conducted by, or a facility or structure owned or operated by, a
nonprofit, religious, or eleemosynary institution that provides educational, cultural,
recreational, religious, or other similar types of public services.
Rainwater and Land Development Manual: A manual describing construction and
post-construction best management practices and association specifications. A copy of
the manual may be obtained by contacting the Ohio Department of Natural resources,
Division of Soil and Water Conservation.
Reasonable Access: The minimum number of access connections, direct or indirect,
necessary to provide safe access to and from the thoroughfare, as consistent with the
purpose and intent of these Regulations.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 35 of 262
Related Owner: As per the Internal Revenue Service definition and as it is related to the
Ohio Department of Development’s definition of an “arms length transaction.”
Reserve: A parcel of land set aside for a use or purpose expressly stated in the deed for
the parcel as is included in the Final plat and/or Restrictive Covenants which are recorded
with the Licking County Recorder.
Restrictive Median: A physical barrier in the roadway that separates traffic traveling in
opposite directions, such as a concrete barrier or landscaped island.
Retaining Wall: A structure erected between lands of different elevation to protect
structures and/or prevent the washing down or erosion of earth materials from the upper
slope level.
Retention: The collection and storage of stormwater runoff without subsequent discharge
other than through infiltration into the ground or evaporation.
Retention Basin/Pond: A man-made or natural water collecting facility (pond, pool, or
basin) used for the permanent storage of water runoff. See also Detention Basin/Pond.
Right-of-Way (ROW): A strip of land 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, landscaped areas, viaducts, and bridges.
Riparian Corridor: The area between a stream or other body of water and the adjacent
upland, which is two times the width of the stream channel with a minimum width of 50
feet and a maximum width of 120 feet upland, where frequent flooding is likely to occur,
and which is integral to maintaining the natural quality of the water body.
Road: See Roadway and Thoroughfare, Street, or Road, below.
Roadway:
Public: A general reference to a public road, highway, thoroughfare, street, and/or
right-of-way. A road or highway includes bridges, viaducts, grade separations,
appurtenances, and approaches on or to such road or highway (see ORC 5501.01).
See also Thoroughfare, Street, or Road.
Private: Same as Public Roadway but will not be petitioned by the
owner/developer to be turned over to the Village for public maintenance. Private
roadways are built to public roadway standards. (See Section 8.44)
R.O.W.: See Right-of-Way, above.
Runoff: The portion of rainfall, melted snow, or irrigation water that flows across the
ground surface and eventually is returned to streams, rivers, lakes, and ponds. That part
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 36 of 262
of the precipitation which runs off the surface or a drainage area after all abstractions are
accounted for.
Sediment: Solid material both mineral and organic, which is in suspension, is being
transported, or has been moved from its site or origin by wind, water, gravity, or ice, and
has come to rest on the earth’s surface above or below sea level.
Sediment Basin: A facility such as a depressional storage area, a pond or trap, barrier,
dam or other suitable detention facility built across an area of water flow to settle by
gravity or filtration and retain sediment carried by surface drainage runoff water.
Sediment or Erosion Control Plan: A written description, in graphical and descriptive
terms, subject to review and approval by the approving agency, of methods for
controlling sediment pollution from accelerated erosion of a development area of one or
more contiguous acres for developments one acre or greater.
Sediment Pollution: Failure to use management or conservation practices to abate wind
or water erosion of the soil or to abate the degradation of the waters of the state by soil
sediment in conjunction with land grading, excavating, filling, or other soil-disturbing
activities on land used or being developed for non-farm commercial, industrial,
residential, or other non-farm purposes.
Service Road: A public or private street or road, auxiliary to and normally located
parallel to a highway facility that maintains local road continuity and provides access to
parcels adjacent to the regulated access highway.
Setback Line: A line established by the subdivision regulation and/or zoning resolution
generally parallel with and measured from the lot line, defining the limits of a yard in
which no building, other than accessory buildings, or structure may be located above
ground except as may be provided in said codes (See Yards).
Sewer System, 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.
Shared Access Point: A point of common access to a public roadway leading to
separate drives providing access to distinct parcels. (See Below)
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 37 of 262
Lot #1
Lot #2
Lot #3
Lot #4
Shared Access Point
Shared Access Point
Driveway Spacing Requirement
ROW
Sidewalk: That portion of a road right-of-way outside the roadway, which is improved
for the use of pedestrian traffic. See also Walkway.
Significant Change in Trip Generation: A change in the use of the property, including
land, structures or facilities, or an expansion of the size of the structures or facilities that
creates an increase in the trip generation of the property exceeding 10 percent more trip
generation (either peak or daily) or 100 vehicles per day more than the existing use for all
roads falling within these Regulations.
Slip (Landslide): The rapid downward and outward movement of large rock material
and/or soil mass under the influence of gravity in which the movement of soil mass
occurs along an interior surface of sliding.
Sloughing: A slip or downward movement of an extended layer of soil resulting from
the undermining action of water or the earth-disturbing activity of man.
Soil Loss: Soil relocated on or removed from a given area by the forces of erosion and
the redeposit of the soil at another area on land or in a body of water.
Southwest Licking Community Water and Sewer District: Regional water and sewer
district that provides centralized water and wastewater service to Etna, Harrison, and the
former Lima Townships.
Stabilization: The prevention of soil movement by any vegetative and or structural
means.
Staff, Planning and Zoning Commission: Employees of the Village Planning and
Zoning Commission, Also Planner staff.
Stopping Sight Distance: The sum of two distances; the distance traveled during
perception and reaction time and the distance required to stop the vehicle. Stopping sight
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 38 of 262
distance is calculated for a passenger car using an eye height of 3.50 feet and an object
height of 2.0 feet.
Storm Frequency: The average period of time within which a storm of a given duration
and intensity can be expected to be equaled or exceeded probability of a rain fall event.
Stream: A system including permanent or seasonally flowing water, a defined channel,
flood plain, and riparian ecosystem. Streams have no defined size range, but generally are
considered smaller than rivers.
Intermittent: Also have well-defined banks and natural channels, but typically
have flowing water from a headwater source for only a portion of the year.
Perennial: Are identified by well-defined banks and natural channels, and have
continuously flowing water most years.
Ephemeral: Is a stream that flows only during and for short periods following
precipitation and flows in low areas that may or may not have a well-defined
channel.
Stripping: Any activity that removes or significantly disturbs the vegetative surface
cover.
Stub Street: A portion of a street or cross access drive used as an extension to an
abutting property that may be developed in the future.
Subdivider: Any person, persons, or corporation or duly authorized agent who
undertakes the subdivision of land.
Subdivision (See also Development):
1. The division of any parcel of land shown as a unit or as contiguous units on the
last preceding general tax list and duplicate of real property, into two or more
parcels, sites, or lots any one which is less than twenty 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 twenty acres not
involving any new street or easements of access, and the sale or exchange of
parcels between adjoining lot owners, where that sale or exchange does not create
additional building sites, shall be exempted. See Article 1, Section 1.08.
2. 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 public or private street or
streets except private streets serving industrial structures; or involving the division
or allocation of land as open spaces for common use by owner, occupants, or
leaseholders, or as easements for the extension and maintenance of public or
private sewers, water, storm drainage, or other similar facilities. See Article 1,
Section 1.08 and Minor Subdivision, Article 3, Section 3.1.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 39 of 262
Substantial Enlargements or Improvements: The lesser of 10% increase in existing
square footage or 50% increase in assessed valuation of the structure.
Surface Waters of the State: Means all streams, lakes, reservoirs, ponds, marshes,
wetlands, or other waterways which are suited wholly or partly within the boundaries of
the state, except those private waters which do not combine or effect a junction with
surface water. Waters defined as sewage systems, treatment works or disposal systems in
Section 6111.01 of the Ohio Revised Code are not included.
Surveyor: Any person registered to practice surveying in the State of Ohio.
SWCD: Licking County Soil & Water Conservation District;
SWP3 (or SWPPP): Storm Water Pollution and Prevention Plan; This plan shall be
prepared in accordance with sound engineering and/or conservation practices by a
professional experienced in the design and implementation of standard erosion and
sediment controls and storm water management practices addressing all phases of
construction. The SWP3 shall identify potential sources of pollution which may
reasonably be expected to affect the quality of storm water discharges associated with
construction activities. In addition, the SWP3 shall describe and ensure the
implementation of best management practices (BMPs) that reduce the pollutants in storm
water discharges during construction and pollutants associated with post-construction
activities to ensure compliance with Section 6111.04 of the Ohio Revised Code and
Chapter 3745-1 of the Ohio Administrative Code and the terms and conditions of the
permit.
Temporary Access: Provision of direct access to the regulated access facility until that
time when adjacent properties develop, in accordance with a joint access agreement or
frontage road plan.
Temporary Stabilization: The establishment of temporary vegetation, mulching,
geotextiles, sod, preservation of existing vegetation and other techniques capable of
quickly establishing cover over disturbed area to provide erosion control between
construction operations.
Thoroughfare, Street, or Road: The full width between property lines bounding every
public way of whatever nature, with a part thereof to be used for vehicular traffic and
designated as noted in Article 4, Section 4.1. All design standards and criteria for
aforementioned are designated in Article 4, Section 4.1, and in Article 8, Section 8.1 (All
roads in the Village are also categorized in Village’s Long Range Transportation Plan).
See also Roadway.
Topsoil: Surface and upper surface soils, which presumably are darker colored, fertile
soil materials, ordinarily rich in organic mater or humus debris.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 40 of 262
Traffic Impact Study (TIS): A study of the effects of traffic generated by a
development on the capacity, operations, and safety of the public street and highway
system.
T.R.C.: See Planning and Zoning Commission, above.
United State Geological Survey (USGS): Federal agency in charge of keeping accurate
maps of the United States. The USGS created topographic maps of the county and
divided them into quadrangles (“quads”). These quadrangles show contour elevations
and intermittent streams and perennial streams, among other land features such as roads,
bodies of water, and structures.
USGS: United States Geological Society; As an unbiased, multi-disciplinary science
organization that focuses on biology, geography, geology, geospatial information, and
water, are dedicated to the timely, relevant, and impartial study of the landscape, the
natural resources, and the natural hazards that occur.
Utilities: A necessary service for the convenience or welfare of the public. The utilities
include, but are not limited to, electric service, natural gas, water systems, sewer systems,
cable television companies, and telephone service.
Variance: A variance is a modification of the strict terms of these 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 or
property owner, a literal enforcement of the regulations would result in unnecessary and
undue hardship.
Vehicle Storage Length: That portion of the roadway or parking lot where vehicles line
up waiting to turn onto an intersecting roadway or parking lot.
Vicinity Map: A drawing located on the plat which sets forth, by dimensions or other
means, the relationship of the proposed subdivision to other nearby developments or
landmarks and community facilities and services within Licking County in order to better
locate and orient any area in question.
Village Planner (Planner): A person who will advise and recommend to the Village
Council on matters related to subdivisions, developments, plats, and other matters as
requested by the Village Council. Also referred to as “Planner” herein.
Village of Johnstown: Refers to the Village of Johnstown, or Johnstown, or Village.
Walkway: A dedicated public way for pedestrian use only, whether along the side of the
road or not. (See also Sidewalk)
Watercourse: A channel in which a flow of water occurs, either continuously or
intermittently, and in the latter, with some degree of regularity. Such flow must be in a
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 41 of 262
definite direction and cover a prescribed area. Watercourses may be either natural or
artificial, and both may occur either on the surface or underground.
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 unobstructed by any
enclosed structure.
1. 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 (also called the building
line).
2. 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.
3. Side: A yard extending from the principal building to the side lot lines on both
sides of the principal building between lines establishing the front and rear yards.
Zoning Resolution: Regulations adopted by a Village that govern how land can be used.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 42 of 262
ARTICLE 3 PROCEDURES FOR MINOR LAND DIVISION AND SUBDIVISON
APPROVAL
Section 3.0 Introduction
These Regulations are established to protect the subdivider and the public. By law, the
Planner must consider all relevant aspects of a subdivision including the feasibility,
desirability, safety, roads, water and sewerage, compliance with other regulations, and the
physical capability and suitability of the land to support the development. In this respect,
time limits are set in these Regulations to allow sufficient and reasonable periods of
public review and comment. The time limitations set forth in these Regulations meet the
standards set in Chapter 711 of the Ohio Revised Code.
There are six (6) basic types of subdivision or development review procedures in
Licking County. They are:

Minor Land Division (Lot Split), see Section 3.1;

Adjacent Property Transfer Land Division , see Section 3.16;

Major Land Subdivision (Subdivision), see Section 3.2;

Major Development of single or multiple lots in which there is substantial
improvement (e.g. apartments, schools, commercial shopping center, etc.), see
Section 3.6;

Replat, see Section 3.7

Access Management Plan Review for existing and proposed parcels, see
Article 8.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 43 of 262
Section 3.1 Minor Land Division (Lot Split)
Section 3.10 Minor Land Division Criteria
Pursuant to ORC 711.131, minor land divisions are divisions of parcels, which meet
certain criteria and shall be approved by the Planner without a plat. These criteria include
the following:
1. The division of the original tract does not involve the opening, widening or
extension of any street or road, or easement of access, does not involve more than
five (5) lots, including the remainder of the original tract, and is located on a
roadway that is not identified as a Minor or Major Arterial Roadway in Section 8
of these Regulations.
The original tract is defined herein as property shown as a parcel or contiguous
parcels under the same or related ownership on the official tax maps of Licking
County as of January 1st of each year.
2. Only five (5) lots, including the remainder of the original tract, may be split from
an original tract, if the lots will gain access from a roadway that is identified as a
regulated or restricted access highway or freeway (i.e. Major Arterial) in Section
8 of these Regulations (See Appendix XII), as of the effective date of these
Regulations. This division of the original tract shall not involve the opening,
widening or extension of any street or road, or easement of access.
3. All minor land divisions must comply with Article 4: Development Regulations
(See Section 4.51), Article 8: Access Management the appropriate Village zoning
resolution, and the Licking County Flood Prevention Regulations.
4. All adjacent property transfer land divisions are also considered minor land
divisions in terms of review and approval procedures, except that adjacent
property transfer land divisions, as non-buildable lots, do not count toward the
five (5) minor lot split per year limitation (See Section 3.16).
5. If the division of land is to be used exclusively for agricultural or recreational
purposes with no residential structures or residential, commercial, or industrial
development of any kind permitted and is so stated on the deed for perpetuity and
the lot(s) being created, including 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, and do not involve the creation or modification of any
streets or easements of access then it may proceed through the process outlined in
Section 3.11. The agricultural use may be changed in the future if the lot meets
all county, Village, and local regulations in effect at the time. This type of
proposed lot must be submitted to the Planner to ensure that it meets these
conditions, all applicable local zoning regulations, and Article 8 of these
Regulations (See also Section 1.08).
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 44 of 262
Table 1: Driveway Spacing Requirement
DRIVEWAY SPACING REQUIREMENTS*
For Classified Roads in Village of Johnstown
Road
35 mph or
45 mph
Classification
Less
Minor Collector
250’
250’
Major Collector
250’
400’
Minor Arterial
250’
400’
Major Arterial
250’
400’
Industrial
NA
NA
NOTES:
55 mph or
More
250’
400’
550’
550’
NA
*This does NOT apply to spacing with road intersections. This spacing is
550 feet regardless of speed limit or road classification.
*Additional requirements for Major Arterials exist; see congestion
prevention text, See Appendix XI for Table and Appendix XII for Map of
Classified Roadways.
Section 3.11 Review and Approval of Minor Land Divisions Under 20 Acres.
Approval of a minor land division under 20 acres is required and shall be granted when
such minor land division meet the following conditions:
1. The proposed land division is located along an existing public road and involves
no opening, widening, or extension of any street or easement of access.
2. Each proposed lot must meet all criteria and standards of Article 8: Access
Management. All minor land divisions that require new points of access onto the
State Highway System must have Ohio Department of Transportation approval
prior to Planning Commission approval. Where ODOT and Village regulations
overlap, the stricter of the two shall apply (See Section 1.04).
3. Each proposed lot meets all criteria of Section 4.10 Right-of-Way Requirements.
4. No more than five lots are proposed, including the remainder of the original tract.
5. The proposed land division, including the remainder tract, is not contrary to
applicable subdivision or zoning regulations, or Article 8 of these Regulations.
6. The proposed land division has been reviewed and approved by the Village of
Johnstown with respect to the suitability of the proposed parcel for an on-lot well
and septic system where proposed; or the appropriate local water and/or sewer
authority with respect to central water and/or sewer systems where proposed.
7. An application for minor land division under 20 acres must be submitted to the
Planner. This application must contain the following in order to be considered
complete:
a. Six (6) copies of a survey prepared in accordance with Chapter 4733-37 of
the Ohio Administrative Code by a professional surveyor registered with
the State of Ohio. The survey will contain:
i. Proposed division of land, including dimensions of the entire
original tract.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 45 of 262
ii. Owner(s) of parcel and all adjoining and adjacent parcels, and
parcel identification numbers.
iii. Dimension and location of proposed lot lines and property corners
by iron pins, corner posts, and/or other monuments.
iv. Existing structures, easements, public facilities, direction of
drainage, and bodies of water – including intermittent and
perennial streams and rivers.
v. Any adjoining public road and road right-of-way, zoning setbacks,
and the distance to the nearest driveway or road intersection in
each direction within 1000 feet of the road frontage on both sides
of the road.
vi. Any lot being created that is located on a classified road must have
the current ROW & Future ROW marked on all surveys/plats and
shall be described within the legal description. These can be
shown as a future ROW easement.
vii. 100-year flood plain boundary and floodway if it exists anywhere
in the original tract. The FIRM panel number and flood zone
should be noted on the applicable form.
viii. Any 100-year flood plain boundary lying within the proposed lot
must be located and established in the field on the lot by the
surveyor. For minor land division proposed lots that include or are
adjacent to identified floodplains shall have the total useable area
required by the County Health Department, outside the floodplain
area. Lot improvements including structure, leach fields, etc. shall
comply with Article 4.63 # 19, 20 and 21.
ix. The deed and/or record number and tax duplicate number of the
original tract.
x. The surveyor’s name, registration number, and date of survey shall
be provided on the survey.
xi. This survey drawing shall not be any larger than 11” x 17”.
b. Six (6) copies of a legal description prepared in accordance with Chapter
4733-37 of the Ohio Administrative Code by a professional surveyor
registered with the State of Ohio.
c. A copy of the current deed for the original tract so as to be able to check
for any applicable deed restrictions and whether it was an exempted lot
when created. This may be obtained in the County Recorder’s Office. A
title search may be necessary to determine if any building restrictions exist
on the parcel that are not shown on the current deed.
d. A copy of the tax map of the original tract of the proposed split. This may
be obtained in the County Engineer’s Office.
e. If the remainder of the parcel is less than 20 acres, a separate application
and supporting materials must be submitted for that acreage along with the
proposed split.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 46 of 262
f. A complete “Minor Subdivision / Lot Split Application for Administrative
Approval” form with the corresponding sections completed by both the
applicant and a registered surveyor in the State of Ohio.
g. All applicable fees as stated in Appendix IX “Village of Johnstown
Development Fee Schedule.”
h. The applicant must stake the driveway location for addressing purposes
and for future driveway permits.
1. All new driveway/access points shall be assigned an address by the
Village Engineer’s office. All new driveway/access points located on
Village highways will receive a driveway permit from the Village
Engineer’s Office and must be installed from the edge of the road to
the ROW line with the culvert (if needed). When a new driveway
permit is applied for, the center of the driveway must be staked and
labeled “DRIVEWAY”, with the applicant(s) name.
2. Any proposed driveway/access points located on a highway under the
jurisdiction of O.D.O.T. shall receive driveway approval from
O.D.O.T. prior to approval by the Planner.
i. The applicant must submit a completed Licking County Health
Department site investigation application for all proposed lots that are to
be served by on-site water and sanitary services, including the remainder
parcel, if less than 20 acres.
Section 3.12 Review & Approval of Minor Land Divisions of 20 Acres or Larger
a. Review of a minor land division of 20 acres or larger is required and shall be granted
when such minor land division complies with the following:
1.
The Ohio Revised Code, and all of its amendments.
2.
All local Village zoning regulations.
3.
Article 4, Subdivision Design Standards (see Sec. 4.60).
4.
The proposed land division does not involve the opening, widening, or
extension of any street or easement of access.
5.
Article 8, Access Management, of the “Village Development Regulations”.
b. All lot splits twenty (20) acres or larger in size must be submitted to the Planner for
review. The following are required to be submitted to the Planner for review:
1.
The property must be surveyed by a registered surveyor in the State of Ohio.
A drawing showing the establishment of property corners by iron pins, corner
posts, or other monuments, and legal description of the property must be
submitted. It should also include dimensions of the entire original tract (a
copy of the tax map for that area would be sufficient to show large area
remainders too big to include in an appropriate scale survey as long as the
proposed lot, current property owners and parcel boundaries are indicated).
2.
Article 4, Subdivision Design Standard.
3.
A copy of the current deed for the existing parcel.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 47 of 262
4.
5.
6.
All minor land divisions that require new points of access onto the State
Highway System must have Ohio Department of Transportation approval
prior to Planning Commission approval, and meet the Village Access
Management Regulations.
All new driveway/access points shall be assigned an address by the Village
Engineer’s Office. All new driveway/access points located on county or
township highways will receive a driveway permit from the Village of
Johnstown Engineer’s Office. When a new driveway permit is applied for, the
center of the driveway must be staked and labeled “DRIVEWAY”, with the
applicant(s) name.
All driveway/access points must be installed and inspected by the Village
Engineer’s Office to ensure placement in the approved location. The driveway
must be installed from the edge of the road to the ROW line with the culvert
(if needed).
When an authorized representative of the Planner is satisfied that a proposed sale or
exchange of a parcel of a minor land division meets the requirements of this section, he
or she shall stamp the deed conveyance “Approved by The Village Planner No Plat
Required” and sign and date.
Section 3.13 Submittal & Approval Process for Minor Land Division
Applications are considered officially submitted and filed once all required and pertinent
information is submitted, and once the Village Engineer’s Office, Licking County Board
of Health and/or appropriate water/sewer district, and any other official agency of the
County, State, or Federal government deemed appropriate by the Planner, has completed
its review and approved the application. Once an application is officially submitted and
filed, an authorized representative of the Planner shall review the proposed division(s) of
a parcel, and if satisfied that such proposed division(s) is (are) not contrary to applicable
platting, subdividing, or zoning regulations, he or she shall, within seven (7) business
days, approve such proposed division and upon presentation of a conveyance for said
parcel(s), shall stamp the same “Approved By Village Planner: No Plat Required” and
sign and date. The Minor Land Division (Lot Split) must be recorded within 1 year of
approval and meet current Village zoning regulations at the time of recording, or the
approval expires and will be considered void. The approved lot split maybe
administratively re-approved after 1 year if all applicable regulations are still met.
Section 3.14 Approved Access Points & Culverts for Minor Land Divisions
All approved lot splits will receive an access point or joint access point as determined by
Article 8, Access Management. In situations where access constraints for a proposed lot
are considered severe enough by the Planner, the access point will be precisely located.
A copy of all new splits showing approved access points will be distributed to the local
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 48 of 262
officials. Before the installation of any culverts, the applicant must receive a permit from
his/her Village official if required. All culverts must be installed with an adequate
headwall suitable to the Village and/or be constructed on non-crushable material to
prevent damage to the culvert.
Section 3.15 Recourse from Minor Land Division Disapproval
Minor Land Divisions which are disapproved by the Planner staff may be brought before
the Planner for consideration of a variance from these Regulations pursuant to Section 9.4
herein.
Section 3.16 Adjacent Property Transfer (Former Exempt Split)
The division and sale or exchange of parcels in size between adjoining lot owners, where
such sale or exchange will not create an additional building site, shall be exempted from
these Regulations under the following circumstances:
1.
It can be clearly demonstrated that the parcel(s) does not create an additional
building site or new access to a public roadway. The Planner shall require
that deed restrictions be placed on the property limiting the use of the parcel to
only accessory buildings or uses. The deed restriction will state that
“The herein described XX.XX acres shall not constitute an independent building site
separate from the Grantees’ adjacent parcel or transferred as an independent principal
building parcel in the future unless approved as such in accordance with applicable
Subdivision Regulations. After this deed is recorded, the Grantee shall prepare
another deed (original parcel & adjacent property transfer) of the total acreage under
this new deed and description.”
2.
3.
4.
5.
6.
The property has been surveyed by a registered surveyor in the State of Ohio.
Two copies of a drawing showing the establishment of property corners by
iron pins, corner posts, and/or other monuments, and two copies of the legal
description of the property must be submitted with a completed minor
subdivision lot split application for administrative approval with
corresponding sections completed by both the applicant and a registered
surveyor.
The parcel cannot violate the intent of Section 4.51 Lot Standards, of the
Village Subdivision Regulations.
The parcel cannot violate the intent of all applicable Village zoning
regulations.
Any other material deemed reasonably necessary by the Planner to complete
the application.
All applicable fees as stated in Appendix IX, Village of Johnstown Fee
Schedule.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 49 of 262
NOTE:
Adjacent Property Transfer (per O.R.C. Section 711) land divisions, as
non-buildable lots, shall not count towards the five minor lot splits per
year limitation.
When an authorized representative of the Planner is satisfied that a proposed sale or
exchange of a parcel between adjoining owners meets the requirements of this section, he
or she shall stamp the conveyance “Adjacent Property Transfer” and sign and date it.
Section 3.2 Major Land Division (Subdivision)
Section 3.20 Major Subdivision Criteria & Review Process
A major subdivision is the creation of more than 5 lots, including the remainder, from an
original tract and/or the creation or extension of any roads (public or private) or
easements of access. In addition, the development of more than one multi-family
housing structure on a single lot or group of adjacent lots or the development of
commercial, industrial, or quasi-public sites is subject to major subdivision review as per
these Regulations. All land divisions not excepted (See Section 1.8), or adjacent property
transfers (See Section 3.16), or covered by the minor land division process (See Section
3.1) must follow the regulations for creating a major subdivision.
Developers who intended to submit a plat of a subdivision are strongly encouraged to
submit sketch and shall submit preliminary plans for Planning and Zoning Committee
(PZC) staff review in order to provide a clear understanding and ensure compliance with
the requirements contained within these Regulations as well as to avoid duplication
and/or wasted engineering efforts. The Preliminary Plan, Final Plat, and all related
information shall be prepared by a professional surveyor or engineer.
Section 3.21 Pre-Application Conference
Developers new to Village of Johnstown or who are unfamiliar with the major
subdivision process are strongly encouraged to meet with the PZC staff prior to
submitting sketch, and preliminary plans. The purpose of this meeting is to discuss early
and informally the purpose and effect of these Regulations and the criteria and standards
contained in these Regulations, and to familiarize the developer with the zoning
resolutions, and the drainage, sewage, and water systems of Village of Johnstown, Ohio.
It will also acquaint the applicant with local and Villagewide comprehensive plans, local
and Villagewide transportation plans, and other adopted zoning regulations or planning
policies of local approving authorities and Village of Johnstown, Ohio. The subdivider
shall be made aware of the provisions of the “Procedure for Subdivision Evaluation” (See
Appendix I) at this time.
Section 3.3 Sketch Plan
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 50 of 262
Section 3.30 Sketch Plan Definition and Purpose
The Planner staff shall meet with the developer, a representative or assistant, to review
the Sketch Plan with the Planning and Zoning Commission. This meeting is primarily to
illuminate potential difficulties or issues facing the proposed development as it relates to
the laws, regulations, policies, and best practices of the Village of Johnstown and its
agencies. It also provides an opportunity for the developer to ask questions and for all
parties to suggest ways to improve the proposed project. In addition, the purpose for this
meeting is also to examine the limitations on development created by the natural features
of the site and resolve the best potential management practices before substantial effort,
money, and time has been spent by the developer on engineering work for road and lot
layout. Impacts on natural features and habitat such as trees, ponds, flora, fauna, and
waterways will be closely examined. It also allows discussion of the effects of Article 6
of these Regulations before the actual drainage study is completed. The Planner staff and
members of the Planning and Zoning Commission will provide comments and
suggestions to the subdivider to assist with further subdivision design. After this
meeting, the Planner staff will prepare a brief letter to the applicant addressing issues and
areas of concern that should be examined during the preparation of the Preliminary Plan.
Section 3.31 Sketch Plan Application and Review
Upon submittal of a Sketch Plan application, the PZC Director will make a determination
of the completeness of the application as it complies with Section 3.32 of these
Regulations within five (5) days. An application will be considered officially submitted
and filed when the Director of the PZC finds that the following have been provided:
1. A completed application form provided by the Planner.
2. Ten (10) copies of the Sketch Plan (4 full size 22”x 34” (or 24” x 36”) and 6
half size 11”x 17”, and
3. An electronic copy of the Sketch Plan in an acceptable format (.pdf, and .shp,)
4. The proper filing fee (See Appendix IX, Fee Schedule).
5. Three (3) copies of other required material (including overlays or colored
maps).
Once the application is determined to be complete, Planner staff will distribute the
application to all the members of the Planning and Zoning Commission. A copy of the
plat shall be in the possession of each commission member for a minimum period of five
days before consideration for approval. Other copies will be distributed to the local
school district, the local fire and police departments, Village of Johnstown 911, the
Village fiscal officer and zoning official, and other such regulatory offices and agencies
that the Planner determines necessary for a proper review.
The Planner staff will compile all related information submitted by the developer, review
the proposed layout, and provide a general impression of the proposed development in
light of applicable subdivision regulation and local zoning requirements. Upon
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 51 of 262
completion, the staff will schedule a meeting between the developer and members of the
Planning and Zoning Commission. Every attempt will be made to schedule this PZC
meeting within two (2) weeks of official submittal.
The Sketch Plan submission must include all the information required within Section
3.32 (Sketch Contents) to be considered complete.
Section 3.32 Sketch Plan Contents
The subdivider shall submit a sketch plan that includes all of the following information in
order for the application to be officially accepted as complete by the Planner.
1. NAME, LOCATION, AND DESCRIPTION OF PROPERTY:
(ON BASE MAP WITH AERIAL PHOTO BACKGROUND)
a.
Proposed name of the development for identification purposes. The
name will be unique to the incorporated and unincorporated areas of
Village of Johnstown in order to avoid duplication and confusion of
previously recorded plats.
b.
Approximate location of original parcel boundary lines with parcel
identification numbers, existing easements, railroad rights-of-way,
watercourses, bodies of water, and existing permanent and temporary
structures on site as well as adjacent roadways, existing street right-ofways, and intersections adjacent to the property’s boundaries.
c.
Location of property by Township, Range, and Section, approximate
total acreage, correct graphic scale, north arrow, and date.
d.
The words “Sketch Plan” included somewhere in the title section.
e.
The names, addresses, and phone numbers of the owner(s) and
applicants of the proposed development. (This can be included on a
separate sheet.)
f.
Vicinity map showing the location of the proposed development in
relation to the Village. (This can be included on a separate sheet.)
g.
North arrow and scale (drawn at 1”= 100’ or 1” = 50’ if less than 10
acres in the total site).
h.
Surveyor’s or Engineer’s Name
2. PRELIMINARY INVENTORY AND ANALYSIS OF THE SITE & ADJACENT
PROPERTIES:
(ON SEPARATE OVERLAYS OR COLORED SHEETS)
a. Sheet #1: Contour map of the site with contours from the Licking County
Information Systems Office (GIS), or more precise methods.
Slopes shall also be determined on the map and areas of the
map should be shaded to signify the slope of the property.
These slopes shall be displayed by the following categories
(each shaded a different color).

0-6%
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 52 of 262


c. Sheet #2
d. Sheet #3
6-15%
Greater than 15%
Location of wetlands, existing wooded areas, other significant
natural features or vegetation on site and visible within 300 feet
of the property line. Approximate location of burial grounds,
historic sites, and archeologically significant areas, if known.
Also, the location of any 100-year flood plain(s) including an
approximation of floodplains on any previously unstudied
stream. The approximate elevation of flooding may be obtained
from county FEMA Flood Insurance Rate Maps or the most
current available data.
Approximate Location of any existing sewer, water, and gas
lines, culverts, and other underground structures as well as
power transmission lines, within and adjacent to the parcel to
be developed which are visible from the site or otherwise
known.
3. ADDITIONAL INFORMATION REQUIRED WITH APPLICATION:
(INCLUDED SEPARATELY OR ON THE BASE MAP)
a. Existing local zoning district(s) and corresponding setbacks and lot size
requirements.
b. Tax map or other map showing adjacent parcels and property owners.
c. Location of all roads and driveways adjacent to and on both side of any
road within 600’ of the subject parcel.
d. A description of the sewage disposal system to serve the subdivision and
letters from the appropriate reviewing authorities as outlined in Appendix
I of these Regulations.
e. Soils Evaluation Report from the Soil & Water Conservation District.
f. A copy of the current deed of land.
It is important to remember that the detail does not have to be exact at the Sketch Plan
stage. The purpose is to highlight, examine, and differentiate between the various
elements involved in the site development.
Section 3.33 Sketch Plan Approval Period
There is no formal approval of a Sketch Plan, though it is a critical submittal in the eyes
of the Planning Commission Staff where opportunities and constraints are jointly
identified and reviewed. The developer is expected to revise the Sketch Plan if there are
significant changes in the proposed development or addition of land to the site.
Section 3.4 Preliminary Plan
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 53 of 262
Section 3.40
Preliminary Plan Definition and Purpose
The purpose of the Preliminary Subdivision Plan is to provide the Planning Commission
with sufficiently detailed information to evaluate a major subdivision. The plan should
show all of the information needed to enable the Planning Commission to determine
whether the proposed layout meets the standards and requirements of these Regulations,
and whether the proposed development concepts under the zoning classification and
proposed public improvements and utilities are acceptable to the appropriate offices,
agencies, and governmental bodies having jurisdiction.
Section 3.41
Posting Notice of Development
In order to notify adjacent property owners, landowners, and residents in the immediate
vicinity and the general public of impending development activity, applicants for
Preliminary Plan and Final Plat approval shall post a notice of development concurrently
upon any application with Planner. The notice sign shall be in accordance with Section
1177 of the Planning and Zoning Code. It shall be erected on the site, readily legible
from the most traveled thoroughfare adjacent to the property. The development sign is
not permitted to be located within the public right-of-way. The sign needs to be two
sided and perpendicular to the roadway. The sign must be constructed of plywood or
similar product; no tarps will be permitted. The development sign cannot create any sight
distance problems for those utilizing the public roadways.
If local Village zoning sign regulations prohibit any part of this requirement, every
attempt shall be made to meet the spirit of this requirement. Should a hardship of this
type exist, a letter stating the specific requirements that cannot be met shall be included
with the Preliminary Plan application. A picture of the notice of development sign must
be submitted with the Preliminary Plan and Final Plat application prior to the acceptance
of the application.
The wording of the sign must include the following:
“This site is being reviewed for development, for more information please contact
the developer, (insert developer’s name), at (insert developer’s phone number) or
the Village Planner at (740) 967-3177.”
The sign must be maintained throughout the review process until the beginning of
construction or Final Plat recording of the phase of the project. The Planning and Zoning
Commission will not hold a meeting on either the Preliminary Plan or the Final Plat
Application until this notice has been posted in accordance with the provisions of this
section.
Section 3.42
Line Fence Requirements for Major Subdivisions and Development
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 54 of 262
1. Any proposal for a major subdivision or development shall provide proof at the
preliminary application that all adjoining property owners have been contacted
regarding line/partition fences (copies of return receipt of certified letter).
Adjoining lots that are recorded as plats shall be exempt from these requirements.
(See Ohio Revised Code 971)
2. The developer / applicant shall contact adjoining property owners to determine
the need for construction or reconstruction of a line fence(s). All disputes between
adjoining property owners and the developer / applicant will be resolved
according to the procedures and requirements of the Ohio Revised Code Section
971. The preliminary plan may be conditionally approved while the line fence
issues are being resolved. No application for final plat or final development plan
approval will be accepted or the construction of improvements will be permitted
until all line fence disputes are resolved.
3. If the Village prior to the request for Final Plat approval has not resolved the Line
Fence Issue, the developer and the property owner(s) shall each provide one
estimate for the cost of construction of a woven wire fence, or if the property
owner(s) fail to provide for such estimate, the developer shall provide two
estimates for construction of such a fence. One half of the cost of the average of
the two estimates shall be held in escrow to ensure funds are available from the
developer upon resolution by the Village.
Section 3.43
Submission to Ohio Department of Transportation/ Local MPO
Before any parcel subject to major subdivision review is approved within 300 feet of the
centerline of a State Highway, or proposed new highway or a highway for which changes
are proposed as described in the certification to local officials by the Director of
ODOT/or the Director of the local MPO, the Commission shall give notice, by registered
or certified mail to ODOT/ local MPO. The Commission shall not approve the plan for
120 days from the date the notice is received by ODOT/ local MPO. If ODOT/ local
MPO notifies the Commission that it shall proceed to acquire the land needed, then the
Commission shall refuse to approve the plan. If ODOT/ the local MPO notifies the
Commission that acquisition at this time is not in the public interest or upon the
expiration of the 120 days or any extension agreed upon by ODOT/ the local MPO and
the property owner, the Commission shall approve the plan, it the plan complies with
these Regulations.
Section 3.44 Preliminary Plan Application and Review
If a Sketch Plan has been previously reviewed, the Preliminary Plan shall conform to the
Sketch Plan or incorporate required changes as the case may be. Should the subdivider
skip the Sketch Plan process, the Preliminary Plan submission must include all the
information required in Sections 3.32 (Sketch Plan Contents), Section 3.43 (Submission
to ODOT), as well as the information required within Section 3.4 (Preliminary Plan) to be
considered complete. This includes all the associated fees required for the Sketch Plan.
Thus this means the Planner may take the standard review time provided for by all
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 55 of 262
previous review steps skipped before considering whether the Preliminary Plan submitted
is complete.
Upon initial Preliminary Plan application, the PZC Director will make a determination of
the completeness of the application as it complies with Section 3.44 of these Regulations.
An application will be considered officially submitted and filed when the Director of the
PZC finds that the following have been provided:
1. An application form provided by the Planner and the proper filing fee (Appendix
IX),
2. Ten (10) copies of the preliminary plan, (4 full size 22”x 34” (or 24” x 36”) and 6
half size 11”x 17”,
3. Three (3) copies of Article 6 calculations,
4. Four (4) copies of the engineering improvement plans (required for development
reviews, residential subdivisions may submit detailed construction drawings after
preliminary plan approval has been given by the Planner).
5. Names and addresses of adjoining property owners typed on mailing labels
(Section 3.45)
6. An electronic copy of the Preliminary Plan as a .pdf file and .shp file.
7. Three (3) copies of any other required material.
8. Picture of the development sign in place on the property.
The Planner staff will, within five (5) working days after the initial submission of the
preliminary plan will distribute copies to all of the members of the Planning and Zoning
Commission. A copy of the plat shall be in the possession of each commission member
for a minimum period of five days before consideration for approval. Other copies will
be distributed to the local school district, the local fire and police departments, LC 911,
the Village fiscal officer and zoning official, and other such regulatory offices and
agencies as the Planner deems necessary for a proper review. The Planner staff will
compile all related information submitted by the developer and schedule a meeting with
the developer and members of the Planning and Zoning Commission to consider the plan.
Every attempt will be made to schedule this PZC meeting within two (2) weeks of
official submittal.
The preliminary plan shall be considered officially filed on the date it is received and
determined to be complete by the Planner staff with regards to the issues that resulted
from the Planning and Zoning Commission. A Preliminary Plan shall not be submitted to
the Planner until all PZC requirements and conditions are met or, in writing, the applicant
has indicated they will meet the conditions. If the preliminary plan is to be considered at
the next monthly meeting of the PZC, the plan shall be filed with the PZC staff no more
than 35 business days in advance of such meeting date. A filing fee shall be charged.
Upon acceptance, the PZC staff shall schedule the review of the subdivision by the
Planner and send a written notice by first class mail, or email, to the Fiscal Officer or the
Village Council, the date, time, and location of any meeting at which the Planner will
consider or act upon the proposed plan. The meeting shall take place within 30 days of
acceptance of the submission of the plan, and no meeting shall be held until at least seven
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 56 of 262
(7) days have passed from the date the notice was sent by the Planner. A Village Council
Member is not entitled to appeal a decision of the Planner under this section.
If the applicant desires any type of variance, either from the Village Development
Regulations, the applicant must first obtain the appropriate variance before a proposed
subdivision will be considered by the Planner. If the applicant needs a variance from the
Village Development Regulations, the applicant must first obtain the variance at a
meeting prior to the meeting in which the Planning Commission will hear the Preliminary
Plan.
Section 3.45
Notice to Property Owners
Written notice of the public meeting to be held on all preliminary plans shall be mailed to
all adjoining property owners of record within 500 feet of any property line of the
proposed subdivision by first class mail, and shall be mailed at least ten (10) days before
the preliminary plan meeting. These labels shall be addressed to the owner of record or
current resident to ensure proper notification. The applicant shall provide the names and
addresses (no bank or other institutional names) of all the adjoining property owners.
This list shall be typed on mailing labels. The failure of delivery of such notice shall not
invalidate any such action taken on such preliminary plan, but does not relieve the
applicant from providing the information or from any civil action. If the Planner staff
finds that names of adjoining property owners are missing then the application will not be
considered complete and the application will not be forwarded to the Planner for approval
until such time as all mailing labels are provided and can be mailed with proper notice.
Section 3.46
Preliminary Plan Planning and Zoning Commission Meeting
The Planning and Zoning Commission shall review all preliminary plans with respect to
these Regulations. A meeting of the Planning and Zoning Commission shall be
scheduled before the Planner meeting. Comments of the Planning and Zoning
Commission shall be forwarded to the Planner for consideration during its review of the
proposed plan. If the concerns of the Planning and Zoning Commission as to compliance
with these Regulations and all other applicable regulations have not been addressed in
writing at least ten (10) days prior to the Planner meeting the application will not be
considered complete and will not be presented to the Planner. (See Section 3.44)
Section 3.47
Preliminary Plan Contents
The subdivider shall submit to the Planner the following: 1) All applicable fees as stated
in Appendix IX “Village of Johnstown Development Fee Schedule.” 2) Ten (10) copies
of the preliminary plan drawn at a scale not more than 100 feet to the inch, plans of six
acres or less shall be drawn at a scale of 50 feet to the inch; and 3) Three (3) copies of
Article 6 (Urban Soil & Sediment Pollution Control) calculations and report. The plan
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 57 of 262
shall be on one or more indexed sheets, and contain the following information as
indicated below, along with any additional information required:
1. NAME, LOCATION, AND DESCRIPTION OF PROPERTY
a. Proposed name of development for identification purposes. The name will
be unique to the incorporated and unincorporated areas of Village of
Johnstown in order to avoid duplication and confusion of previously
recorded plats.
b. The names, addresses, and phone numbers of the owner(s), applicants, and
surveying and/or engineering firm preparing the plans of the proposed
development.
c. Clear & accurate vicinity map showing the location of the proposed
development in relation to the surrounding area.
d. Location of property by survey, approximate total acreage, correct graphic
scale, north arrow, and date of preparation.
e. The original parcel identification number of the tract(s) and the parcel
identification numbers of all adjacent parcels.
2. INVENTORY AND ANALYSIS OF SITE AND ADJACENT PROPERTIES
a. Locations of boundary lines, existing easements, burial grounds, railroad
rights of way, watercourses, wetlands and drainage, existing wooded
areas, other important natural features, and existing permanent and
temporary structures on site.
b. Existing Parcel lines and parcel numbers.
c. Location of proposed phase boundaries and time schedule, if there will be
more than one plat (This is preliminary and variations may be approved by
the Planner if in accordance with Sec. 3.59).
d. School district and taxing district boundary lines.
e. Existing local zoning setbacks and dimensions, zoning boundaries, lot size
requirements, and proposed zoning changes for this development.
f. Location of buildable area on each lot within which a house could be
placed (minus well & septic).
g. Existing sewers, water lines, culverts, and other underground structures,
power transmission poles and lines, and existing rights of way or utility
easements, within and adjacent to the parcel to be platted.
h. Diagram of the relationship of the boundaries of the property with
adjacent roadways, existing street right-of-ways, nearby intersections the
development may impact, and a traffic circulation study if the Planner
staff determines the development will have an adverse impact on the
existing infrastructure.
i. If any part of the proposed development is within the 100-year flood plain,
a line indicating the approximate elevation of flooding shall be shown on
the plan. (See Section 4.60 Floodplains and Watercourses)
j. All preliminary plans must be drawn on contour maps with contour
intervals of not less than two (2) feet prepared by photogrammetric
methods using aerial photography with ground control or by acceptable
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 58 of 262
field survey technique based on United States Geological Survey
(U.S.G.S.) mean sea level datum. All mapping should meet National Map
Accuracy Standards. Small areas six (6) acres or less may be prepared by
field survey methods. Contour maps prepared by interpolation from
enlarged U.S.G.S. or the County GIS Topographic information maps shall
not be permitted. The surveyor or engineer shall certify on the
preliminary plan how the topographic information was obtained. The
Planning and Zoning Commission may require review of field notes or
maps from which the information was obtained.
3. PROPOSED LAYOUT OF THE SUBDIVISION
a. For multi-family (two or more dwelling units on the same lot), planned
unit developments, commercial, industrial development, and quasi-public,
the location, dimensions, and approximate grade of proposed parking and
loading areas, alleys, pedestrian walks, streets, and the points of vehicle
entrance and exit to the development, must be shown on the plan.
b. Statement of proposed use of lots, giving type and number of dwelling
units, or commercial and industrial structures.
c. General lot layout with approximate acreage, including total acreage of
original parcel(s).
d. Location of parkland, open space, school lands or common areas plus the
ownership/maintenance of such areas.
e. Proposed street layout and names in accordance with Section 4.1, and
Article 8 of these Regulations.
f. The approximate location and size of all parcels of land proposed to be set
aside for recreational use or other public use in accordance with Section
4.7, or for the exclusive use of property owners of the proposed
subdivision
g. Location and dimensions of all proposed utility and sewer lines, showing
their connections with an existing system, if available.
h. Statement of proposed use of lots giving type and number of dwelling
units, or commercial and industrial structures.
4. ADDITIONAL INFORMATION WITH APPLICATION
a. A Reduced size copy of the proposed development. (No larger than
11”x17”)
b. A list of any variances being requested from these subdivision regulations,
and any other regulations from appropriate authorities.
c. In a letter accompanying the request for approval of the Preliminary Plan,
the subdivider shall state the type of sewage disposal he/she proposes to
use and include evidence of approval of the proposed system by the
Licking County Health Department, or appropriate authority.
d. Preliminary notice letters and responses from appropriate authority for the
evaluation of wetlands, streams, and other environmental concerns. This
includes letters from OEPA, ODNR, NRCS, and other appropriate
authorities.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 59 of 262
e. Description of proposed covenant and deed restrictions. Such covenants
and deed restrictions must be acceptable to the Licking County Health
Department as they pertain to the on-site well and septic system. Where
public water and/or sewer are provided, a deed restriction requiring
connection to such systems shall be included.
f. Screening, buffering and/or noise abatement measures. (See Section 4.65
& Section 4.66)
g. A document providing information about the proposed homeowner’s
association, if applicable. This shall include a description of what area(s)
it is to maintain, wording that every lot owner shall be a member, and an
account of the powers of the association shall have in collecting dues. (See
Appendix V)
h. The preliminary plan shall be accompanied by all plans and applications
necessary to obtain a National Pollutant Discharge Elimination System
(NPDES) Permit.
i. The preliminary plan shall be accompanied by a list of adjoining property
owners within 500 feet of any property line of the proposed development
in accordance with Section 3.45 of these Regulations, along with the
names and addresses of all involved utility companies.
j. Other elements that may be required by reviewing offices and agencies,
including but not limited to: slope analysis, sight distance analysis, and
circulations and traffic analysis.
Section 3.48
Preliminary Plan Approval Period and Extension Request
When a plat is filed with the Manager, he shall examine it to determine whether or not it
complies with the requirements of Sections 3.40 through 3.48, inclusive. The Manager
shall refer the examination of the plat to the Village Engineer. If the plat does not meet
the requirements, the Manager shall return it to the owner who shall revise and refile it. If
the plat meets the requirements, the Manager shall lay it before the Planning and Zoning
Commission at its next meeting. The Commission shall thereupon examine it and
approve it within thirty days if it is satisfied that it complies in all respects with this
chapter. The approval of the Planning and Zoning Commission shall be indicated in
writing on two copies of the preliminary plat which will be returned to the owner and
surveyor. The remaining four copies bearing the notation of approval shall remain on file
in the office of the Manager, available to the public. The approval of a preliminary plat
shall be effective for a maximum period of twelve months, unless extended in writing by
the Planning and Zoning Commission.
The applicant (or successor) may apply for an extension of preliminary plan approval.
The planning commission may extend the approval upon receiving a completed
application for extension and the appropriate fee as noted in Appendix IX of these
Regulations. An extension may be granted for a one (1) year period and may only be
granted one (1) time.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 60 of 262
Section 3.49
Submission of Construction Plans and Pre Construction Conference
The developer shall submit a complete set of construction plans according to the
regulations contained herein (Articles 4, 5, 6, 7, & 8) and must have received complete
approval from the appropriate authorities prior to beginning any on-site improvements.
The following will be required with the submittal of any construction drawings.
1. Six (6) copies of the engineering improvement plans, (4 full size 22”x 34” (or
24”x36”) and 2 half size 11”x 17”,
2. A copy of the OEPA Notification of Intent (NOI).
3. An electronic copy of the engineering improvement plans as a .pdf file and .shp
file.
4. Four (4) copies of an engineer’s estimate for the costs of all improvements on the
site.
5. Copies of any other permits including but not limited too, ODOT permits,
NPDES, ACOE Nationwide, etc.
Drawings and specifications for improvements in a subdivision shall be a set of
construction and utility plans prepared by a registered professional engineer. The plans
shall include typical sections, plans and profile views, construction details, and estimates
of the quantities of construction material needed to meet the requirements of these
Regulations. All typical sections and major engineering details to be used on any
particular street, sewer line, or water line shall be approved by the Village Engineer, or,
where applicable, an engineer representing the involved water and/or sewer authority.
Prior to the recording of the Final Plat, the subdivider shall have installed the required
improvements, or shall have furnished a guarantee pursuant to Article 7 for the amount of
the estimated construction cost of the ultimate installation of the required improvements.
Final Construction Plans will need to include at a minimum the following:
a. Roadway standards, profile, cross sections and typical details.
b. Bridges, culverts, storm sewers and underdrains (including profiles and
details).
c. Drainage channels, roadside ditches, storm and sediment basins.
d. Site grading and flood routing including profiles of all areas where cuts or
fills exceed three feet.
e. The construction plan shall be filed with the Urban Soil Sediment Pollution
Control Requirements of Article 6 of these Regulations.
f. Contact person and information of consulting Engineering Firm responsible
for development of the construction plan
g. Contact person for development firm or developer along with address and
phone numbers.
If applicable, the applicant must have final Health Department or water and sewer
approval prior to the Construction Plans being approved. No construction can begin
without approved Construction Plans (this includes clearing or any earth disturbing
activity). Construction plans will be considered approved once the Village Engineer, the
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 61 of 262
Licking County Soil and Water Conservation District, and the Village Planner sign them
(and other applicable authorities when necessary).
Upon approval and acceptance of all improvements, the original construction drawings
for the improvements shall be revised to reflect the actual construction. All drawings
including the master grade plan or reproductions thereof shall become the property of the
Village and shall be on file in the office of the Village Engineer
All developments NOT exempt from construction plans shall be required to have a “PreConstruction Conference” with the Planner and other applicable parties prior to any site
improvements taking place, including but not limited too clearing or any earth disturbing
activity. The Pre-Construction Conference shall include at a minimum the Planner,
Owner/Developer, Site or General Contractor, Design Engineer, Village Engineer, and
the Soil and Water Conservation District.
At the Pre-Construction Conference:
1. The Contractor will be required to submit a proposed construction schedule
reflecting all work that is to be completed.
2. The Owner/Developer will be required to have secured all necessary permits, and
paid all inspection fees.
3. The design engineer shall bring (4) full sized Approved Final Construction
Drawings and (4) reduced Approved Final Construction Drawings that are
produced following ODOT plan production standards.
Section 3.5 Final Plat
Section 3.50
Final Plat Definition and Purpose
The subdivider shall submit a final plat of the subdivision and drawings and
specifications of the improvements required therein. If a preliminary plan has been
previously approved, or conditionally approved, the final plat shall conform to the
preliminary plan or incorporate required changes as the case may be. The final plat shall
be prepared by a registered surveyor as appropriate.
The purpose of the Final Plat is to ensure that all conditions, engineering plans, and other
requirements have been completed or fulfilled and that required improvements have been
installed, or guarantees properly posted for their completion, prior to recording the Final
Plat of the Subdivision.
Section 3.51
Final Plat Application and Review
If a Preliminary Plan has been previously approved, or conditionally approved, the Final
Plat shall conform to the Preliminary Plan or incorporate required changes as the case
may be.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 62 of 262
An application for approval of a final plat shall be submitted on forms provided by the
Planner not less than 25 or more than 30 days prior to the next meeting date of the
Planner. An application shall be considered officially submitted and filed when the
Director of the Planner finds that all required information is submitted, and all regulations
within these Regulations are complied with. Each application must include the
following:
1. An application form provided by the Planner and the proper filing fee (Appendix
IX),
2. Ten (10) copies of the final plat, (4 full size not less than sixteen inches by
twenty-two inches nor greater than thirty inches by forty-two inches in size and 6
reduced copies, a minimum of 11” x 17”)
3. One (1) full size copy on mylar
4. Four (4) copies of construction drawings (if not previously submitted and
approved),
5. Proposed deed restrictions and covenants.
6. An electronic copy of the Final Plat in an acceptable format (.pdf, and .shp)
7. Three (3) copies of any other required material.
Within five (5) days after the filing of the final plat, the Planner staff shall schedule a
meeting of the Planner to consider such final plat. Written notices indicating the time and
place of the meeting along with copies of the plat shall be sent to the Village Engineer,
the Ohio Department of Transportation, the local school district, local utility companies,
local water/sewer districts and other officials deemed necessary. Such notices to the
Village Council shall be made by first class mail.
If the applicant desires any type of variance, either from the Village Development
Regulations, the applicant must first obtain the appropriate variance. If the applicant
needs a variance from the Village Development Regulations, the applicant must first
obtain the variance at a meeting prior to the meeting in which the Planning Commission
will consider the Final Plat.
Section 3.52
Notice to Property Owners
Written notice of the meeting at which the Planner will consider the final plat shall be
mailed to all adjoining property owners of record within 500 feet of any property line of
the proposed subdivision by first class mail, and shall be mailed at least ten (10) days
before the final plat meeting. These labels shall be addressed to the owners of record, or
current resident to ensure proper notification. The applicant shall provide the names and
addresses (no bank or other institutional names) of all the adjoining property owners.
This list shall be typed on mailing labels. The failure of delivery of such notice shall not
invalidate any such action taken on such final plat, but does not relieve the applicant from
providing the information or from any civil action. If the Planner finds that names of
adjoining property owners are not included then the application will be considered
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 63 of 262
incomplete and the application will not be forwarded to the Planner Board for
consideration until such time as all mailing labels are provided and can be mailed with
proper notice.
Section 3.53
Final Plat Planning and Zoning Commission Meeting
The Planning and Zoning Commission shall review Final Plats with respect to these
Regulations. A copy of the plat shall be in the possession of each commission member
for a minimum period of five days before consideration for approval. Every attempt will
be made to schedule a meeting of the Planning and Zoning Commission within two (2)
weeks of official Final Plat submittal. All comments of the Planning and Zoning
Commission shall be forwarded to the Planner for consideration during their review of
the proposed subdivision plat, and the Planner staff will prepare a letter to the applicant
addressing issues and areas of concern that should be examined. A Final Plat shall not be
submitted to the PZC Board for consideration until all T.R.C. requirements are met and
corrected plans are submitted to the Planner. These corrected plans will need to be
submitted no later than twelve (12) days prior to the next meeting of the PZC. The
applicant can request in writing that uncorrected plans be considered by the Planner if the
applicant agrees in writing with the recommendations and/or requirements of the PZC.
Section 3.54
Final Plat Contents
The final plat shall be drawn in black ink on 18 x 24 inch paper or matte mylar material.
It shall be drawn at a scale of not less than 100 feet to the inch, six acres or less at 50 feet
to the inch, on one or more sheets 18 x 24 inches in size. If more than one sheet is
needed, each sheet shall be numbered and the relation of one sheet to another clearly
shown.
The final plat shall contain or accompany the following information:
1. NAME AND LAYOUT OF THE SUBDIVISION
a. Name of the subdivision, located by section, range, and township, or by
other survey number, date, north arrow, scale, and acreage.
b. Name and address of the subdivider and the professional registered
surveyor who prepared the plat, and appropriate numbers and seals.
c. Plat boundaries based on accurate traverse with angular and linear
dimensions, both linear and angular shall be determined by an accurate
control survey in the field, which must balance, and close within the limit
of 1:10,000.
d. Bearings and distances to nearest established street lines or other
recognized permanent monuments.
e. The parcel identification number of the original tract(s) and the owners
name(s) and parcel identification number(s) of all adjacent parcels.
f. Radii, internal angles, points of curvature, tangent bearings, lengths or
arcs, all easements and right-of-way provided for public services or
utilities, building setback lines with dimensions, right-of-way width, and
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 64 of 262
names of all streets within and adjoining the plat shall be accurately
located on the final plat.
g. All lot numbers and lines with accurate dimensions in feet and hundredths,
and acreage.
h. Accurate location of all monuments which shall be concrete six inches by
six inches by thirty inches or six inches in diameter by thirty inches with
an iron pin or brass plug cast in the center. One such monument shall be
placed at each extreme corner of the subdivision. All lots shall be marked
with steel pins and in place after a building is completed.
i. Accurate outlines and legal description of areas to be dedicated or
reserved for public use, or any area to be reserved for common use of all
property owners. The use and accurate boundary locations shall be shown
for each parcel of land to be dedicated.
j. The locations and descriptions of all monuments and pins as specified in
Section 5.11.
k. When lots are located on a curve or when lot lines are at angles other than
90 degrees, the width at the building line shall be shown. If the building
line is a curved line, the arc length should be shown.
l. All driveway culvert sizes over 12” will need to be shown on the plat, in
the deed restrictions and on the individual lots deeds.
m. Address numbers as assigned by the Village Engineers Office.
n. Where the proposed subdivision is traversed by a stream, watercourse,
channel, or creek, the present or prior location of such stream,
watercourse, channel, or creek shall be shown on the Plat. Watercourse
easements shall be depicted on the plat around these watercourses (See
Appendix III: Watercourse Easement).
o. Any part of the subdivision located within the 100 year flood plain as
indicated on the county Flood Insurance Rate Map, (FIRM), or determined
by others shall be shown on the Final Plat.
2. ADDITIONAL INFORMATION REQUIRED WITH APPLICATION
a. A copy of any restrictions and covenants the subdivider intends to include
in the deeds to the lots in the subdivision. This includes a watercourse
easement, if applicable (see Appendix III: Sample Watercourse
Easement).
b. A list of any variances being requested from these subdivision regulations
not heard by the Planner at the Preliminary Plan approval stage.
c. Notarized certification by the owner or owners of the adoption of the plat
and the dedication of streets and other public areas, and lot numbers to be
recorded within the plat.
d. Required statements and signatures to be affixed on plat (See Appendix
II).
e. Certification shall be required showing that all required improvements
have either been installed and approved by proper officials or agencies, or
that a bond or other surety has been furnished assuring installation and
initial maintenance of the required improvements (See Article 5 and
Article 7).
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 65 of 262
f. If a zoning change is involved, certification from the Village zoning
inspector or Village fiscal officer shall be required indicating that the
change has been approved and is in effect.
g. If changed since or not included with preliminary plan submission, the
final plat shall be accompanied by a list of adjoining property owners
within 500 feet of any property line of the proposed subdivision, in
accordance with Section 3.52 of these Regulations, along with the names
and addresses of all involved utility companies.
h. A certificate by an Ohio registered surveyor that the plat represents a
survey made by him and that the monuments shown exist as located or
will be set following construction and that all dimensional and geodetic
details are correct.
i. Proper form for the approval of the Planning and Zoning Commission
with space for the signature of the Chairman;
j. Space for approval by signature of the Village Engineer and the Manager;
k. Proper form for approval and acceptance by Council, showing chapter
number, and provision for signature by the Village Clerk; and
l. Space for transfer by the County Auditor and recording by the County
Recorder. A statement of the expiration date of the Village approval shall
be placed ahead of the space provided for the County Auditor's signature.
Section 3.55
Final Plat Approval
The PZC shall approve or disapprove the final plat within 30 days after it has been
officially accepted, and it is in compliance with all regulations (See Sec. 3.54). Failure of
the Commission to act upon the final plat within 30 days shall be deemed as an approval.
If the plat is disapproved, the grounds for disapproval shall be stated in the records of the
Commission, and a copy of this record shall be forwarded to the subdivider. The
Commission shall not disapprove the final plat if the developer has done everything that
was required and has proceeded in accordance with the conditions and standards
specified in the Planner approved preliminary plan. If disapproved, the subdivider may
make the necessary corrections and re-submit the final plat to the Commission for its
final approval.
If the Commission disapproves a final plat, the person or party submitting the final plat,
which the Commission refused to approve, may file a petition within 60 days after refusal
in the Court of Common Pleas of Licking County.
Section 3.56
Recording of Final Plat and Extension Request
When the final plat has been approved by the PZC and after all necessary certificates and
signatures are received, the original tracing shall be filed with the Licking County
Recorder within 3 months from date of approval by the PZC.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 66 of 262
The Planning Commission may extend the approval period of the final plat upon
receiving a completed application form from the developer, for review and payment of
the appropriate extension fees as noted in Appendix IX of these Regulations. An
extension may only be granted for a one (1) year period and may only be granted one (1)
time.
Two copies of the final plat, one of which shall be a mylar, showing all approvals and the
date and place of recording shall be supplied by the owner to the Village Clerk as local
public records.
Section 3.57
Regulations Governing Improvements
Drawings and specifications for improvements in a subdivision shall be a set of
construction and utility plans prepared by a registered professional engineer. The plans
shall include typical sections, plans and profile views, construction details, and estimates
of the quantities of construction material needed to meet the requirements of the
approved Final Plat. All typical sections and major engineering details to be used on any
particular street, sewer line, or water line shall be approved by the Village Engineer
and/or, where applicable, an engineer representing the involved water and/or sewer
authority. Prior to the recording of the Final Plat, the subdivider shall have installed the
required improvements, or shall have furnished a guarantee pursuant to Article 7 for the
amount of the estimated construction cost of the ultimate installation of the required
improvements.
Section 3.58
Phasing
A subdivision may be developed in phases provided that:
1. The preliminary plan shows the phases of development and the requirements of
these Regulations that will be satisfied in each phase is approved as part of the
preliminary plan;
2. The number of lots and amount of any required open space in the phase and any
previously approved phases is at least proportional to the portion of the
subdivision site area within the phases(s). This requirement can be satisfied with a
bond or hold in escrow (see Section 4.72 #8) the amount required for each phase;
and
3. The degree and extent of road, water supply, sewage disposal, stormwater
management, erosion and sedimentation control, and other required improvements
in the phase and previously approved phases is sufficient to serve or handle all
development within the phase(s).
Section 3.6 Development Review
Section 3.60 Development Review Process/Requirements
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 67 of 262
Any development occurring on one or more existing lots is subject to certain sections of
the Development Regulations when it involves one of the following (excluding a single
family residence):
1. The development of the tract involves the opening, widening, alteration, or
extension of any easement of access or driveway.
2. The development will increase the traffic flow to and from the site onto a public
roadway.
3. The development will increase the impermeable surface area of the site and/or
will require a N.P.D.E.S. permit from the O.E.P.A.
The review procedure follows this outline:
1. Sketch Plan approval, as per Section 3.33.
2. Preliminary Plan approval consisting of only the Article 4, Article 6 and Article 8
requirements.
3. Final approval by the PZC staff and PZC before Building Code permits are
issued.
This review process does not go before the Planner for formal approval. Only in
situations of an appeal of a PZC staff decision or requirement shall such a proposal go
before the PZC for final review and approval.
When an authorized representative of the PZC is satisfied that the proposed development,
drainage, and access meet the requirements of these Regulations, he or she shall issue a
Development Permit and sign and date the Construction Plans. This approval is required
before the Licking County Building Code Department will act on any permits.
Section 3.61 Violation of Development Review
If a building permit is obtained or if development takes place for a site which is
undergoing, or is yet to undergo development review, it will be considered a violation of
these Regulations that may be subject to penalties outlined in Section 9.3 of these
Regulations.
Section 3.62 Transfer of Lots by Subdivider
The subdivider shall not transfer any lot, parcel or tract of a proposed subdivision, nor
shall he proceed with any construction work on it, including grading, until approval is
received of the final plat and compliance is made with the other provisions of the
Subdivision Regulations.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 68 of 262
Section 3.63 Transfer of Lot Contrary to Plat Prohibited
The owner of the subdivision shall make no conveyance of any lot smaller in width or
area than indicated on the plat, except for the purpose of increasing the area of another
lot.
Section 3.7 Replat
If a person(s) wishes to replat (i.e. make alterations to existing lot lines or other
conditions) all or part of an existing platted subdivision, the applicant must submit a
completed application consisting of the following:
1. An application form provided by the PZC and the proper filing fee (see Appendix
IX).
2. A final plat (Replat) submitted on an 18 inch by 24 inch sheet of paper or mylar
with:
a. The surveyor’s name and signature.
b. The property owner’s notarized signature.
c. The notary public’s signature and stamp.
d. The signature of the Village Manager. (See Appendix II for required
statements and signature lines)
3. Any other required material.
The Planner will determine the completeness of the application as it meets the following
requirements:
1. The applicant shall submit to the Planner a final plat complete with all
information required in Section 3.55 of these Regulations.
2. If lots being re-platted have existing structures located on them, then a separate
dimensionally accurate sketch prepared by a registered surveyor illustrating the
revised lot lines, together with the outlines of such structures shall be submitted
with item 1 above. This shall include the access point location of the driveway(s)
to the public roadway.
3. The Replat shall meet the requirements of Article 8 of these Regulations. This
includes the provision that the creation of lot(s) located on a classified roadway
(see Appendix XI) shall provide ½ of any additional right-of-way required for
future road expansion (see Section 4.10 for required road right-of-way).
4. The Replat shall assign a new lot number(s) to all new or modified lots. This
number shall consist of the lowest original lot number contained within the lot
lines of the proposed lot and hyphenated with the letter “A”, or next alphabetical
letter needed to make the proposed lot number unique within the subdivision.
5. Replats must maintain and show all easements on the original plat. The one
exception is when a lot combination creates a lot in which a lot line is removed
leaving an existing utility easement running through the middle of the lot. In this
situation, if no utilities exist in the easement, it may be removed. Where utility
easements do not exist, a 10-foot utility easement shall be provided along all lot
lines except those with public road frontage. Where utility lines or storm sewers
are located or if the controlling utility requests, additional width may be required
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 69 of 262
6.
7.
8.
9.
for the easements. If utility easements throughout the subdivision are of a
different size than 10 feet, then that width should be used along new lot lines
instead.
Any Replat proposing to “vacate” street right of way within a platted subdivision
with a date of the original recording of such plat after March 13, 1969 must vacate
such right of way by Replat. If the plat was recorded before the above date and
only the road right of way is being vacated the applicant shall follow the
procedure outlined in O.R.C. 5553.04.
When a proposed Replat is to vacate any portion of an existing road right of way,
written notice shall be given to all adjoining property owners by first class mail at
least 10 days prior to the meeting date which the request is to be heard. Adjoining
property owners is defined as all property owners within 500 feet of the R.O.W.
proposed by the Replat to be vacated. The applicant shall provide names and
addresses (no banks or other institutional names) of all adjoining property owners.
The list shall be typed on mailing labels. The failure of delivery of such notice
shall not invalidate any such action taken on the Replat, but does not relieve the
applicant from providing the information or from any civil action.
The applicant shall provide proof that the proposed Replat complies with
applicable regulations, including those regulation established by Village zoning,
the Village Engineer’s Office, or other authority in control of the involved
sanitary sewer and/or water supply systems.
Any fees required by the signing agencies, including the Recorder’s Office filing
fee, shall be paid when the Replat is submitted to the Planner.
All required information for a proposed Replat must be submitted no later than twelve
(12) days before the next regularly scheduled meeting of the Planner. The Village
Planner will then either approve or disapprove the Replat within 30 days of the
application officially being filed and accepted by the Planner. If disapproved, the
subdivider may make the necessary corrections to meet these requirements and resubmit
the Replat to the Planner for approval. If a Replat is disapproved by the Planner, the
subdivider may file a petition within 60 days after disapproval in the Court of Common
Pleas.
Upon approval, the Planner staff shall collect the required approval signatures and remit
the plat to the applicant for filing with the Licking County Recorder’s Office.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 70 of 262
ARTICLE 4 SUBDIVISION DESIGN STANDARDS
Section 4.0 General
The regulations in Article 4 shall control the manner in which streets, driveways,
infrastructure, lots, and other elements of a subdivision are arranged on the land. These
design controls shall help ensure the construction of convenient, safe, and efficient
roadways, the creation of usable lots, the provision of space for public utilities, and the
reservation of land for recreational and other public purposes. The planning of attractive
and functional neighborhoods shall be promoted, minimizing the undesirable features of
unplanned, haphazard growth. Adequate infrastructure shall be in place prior to the
development of any commercial, residential, or industrial subdivision.
Section 4.00
Conformity to Development Plans and Zoning
The arrangements, character, width, and location of all thoroughfares or extensions
thereof shall conform to both the village and county’s comprehensive plan, the Village’s
Official Access Management Plan (Article 8 of this document), and any other plans and
policies adopted by the PZC. Thoroughfares not contained in the aforementioned plans
shall conform to the recommendation of the Planner based upon the design standards set
forth in Section 4.1 and Article 8, Congestion Prevention. Final Plats must conform to
the current zoning resolution. Where regulations overlap, the more strict standards shall
control.
Section 4.01
Suitability of Land
If the PZC Board finds that land proposed to be subdivided is unsuitable for subdivision
development due to, but not limited to: topography, flooding, poor drainage, inadequate
water supply and/or inadequate waste water treatment facilities, insufficient and unsafe
transportation facilities, inappropriate access, or other such conditions which may be
detrimental to public health and safety and general welfare; and, if from investigations
conducted by the public agencies concerned, it is determined that in the best interest of
the public the land should not be developed for the subdivision proposed, the PZC Board
shall not approve the land for said purpose unless the subdivider proves that the problems
created by the development of the land will be remedied.
Section 4.1 Streets
1. No Major Subdivision shall be approved unless the area to be subdivided has
frontage on, and/or access from, an existing state, county, or Village roadway
under public maintenance. The subdivider shall provide within the boundaries of
the subdivision plat the necessary right-of-way for widening, continuance, or
alignment of such streets in conformity with the Official Access Management
Plan.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 71 of 262
2. Developments being reviewed shall be in conformance with these Regulations
and other regulations and/or plans adopted by other governmental agencies.
3. All streets shall be platted with appropriate regard for topography, streams,
wooded areas, soils and geologic constraints, and other natural features in order to
create desirable building sites and to preserve and enhance natural attractiveness.
Road site design should also permit efficient drainage and utility systems layout
while providing safe and convenient access to the property, and not exceed a 10%
grade.
4. As far as practical, all proposed through streets and collectors shall be continuous,
designed with a desirable traffic calming layout and in alignment with existing,
planned, or platted streets.
5. All streets shall be properly integrated with the existing and proposed system of
thoroughfares and dedicated rights-of-way as established on the local and/or
Village comprehensive plans and the thoroughfare plans.
6. All proposed streets of the tract to be subdivided shall be extended to connect to
any existing access reserve, street stub, or street extension on adjacent parcels or
subdivisions at the point where the improved, dedicated roadway is found (see
Section 4.3 Special Street Types).
7. All proposed streets of the tract to be subdivided shall be extended as either a
street extension and access to any adjacent developable property unless, in the
opinion of the Planner, such extension is not desirable for the coordination of the
layout of the subdivision or most advantageous to future development of adjacent
tracts. Where possible, these extended rights-of-way shall line up with the
adjoining developable properties in such a way as to allow appropriate and
feasible future development, i.e. it should not run into a large outcrop, and in most
cases, not end at the corner but rather the middle of the adjoining lot so the future
street can be double-loaded (see Section 4.3). These right-of-ways, reserves,
and/or easements shall be paved to the edge of the property line (or as close as
possible), and marked with an appropriate approved barricade until such time as
they are extended by future development.
8. Proposed streets shall intersect one another as nearly at right angles as topography
and other limiting factors of good design permit, and in conformance with sight
distance requirements and intersection spacing requirements set forth in the
Subdivision Regulations, Article 8: Congestion Prevention and this Article.
9. Where the number of residential dwellings to be developed, including
developable land for which future access is to be provided, exceeds 240
dwellings, a minor collector shall be required and the site must have at least two
(2) accesses or future reserves to create at least a second access. Calculations for
the developable adjacent tracts should be made with densities equal to the
proposed site unless otherwise instructed by the Planner.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 72 of 262
10. Internal flow within a subdivision shall take precedence over the use of several,
repeated, or back-to-back cul-de-sacs. The use of cul-de-sacs shall be kept to a
minimum and primarily used for accessing topographically restrictive areas of the
site.
Section 4.10 Right-of-Way Requirements
1. When a major/minor subdivision (including developments, but not exempt, or
replat) abuts a public right-of-way which is shown on the Village’s Official
Access Management Plan (see Appendix XI: Village Roadway Classification),
and when additional right-of-way is required for the street to meet its
classification, the subdivider shall dedicate to the Village one-half the additional
right-of-way required in accordance with the Village’s Official Access
Management Plan and Article 8 of these Regulations. When natural topographic
features preclude the expansion or use of one side of the road right-of-way, the
developer of the other side may be required to dedicated additional right-of-way
equal to that, which is precluded by the natural feature.
2. When a minor, exempt, or replat subdivision (not major subdivision or
development) abuts a public right-of-way which is shown on the Village’s
Official Access Management Plan (see Appendix XI: Village Roadway
Classification), and when additional right-of-way is required for the street to meet
its classification, the subdivider shall have pins placed in the ground marking onehalf the additional right-of-way required in accordance with the Village’s Official
Access Management Plan and Article 8 of these Regulations. This area shall be
indicated and labeled as “future road right-of-way easement” on both the survey
and in the deed description. When natural topographic features preclude the
expansion or use of one side of the road right-of-way, the developer of the other
side may be required to pin, mark, and label additional road right-of-way equal to
that, which is precluded by the natural feature.
3. When a subdivision (major, minor, adjacent land transfer, or replat) abuts a public
road right-of-way where the required road right-of-way does not currently exist,
the land owner/developer shall be required to dedicate at least half of the amount
required to increase the public road right-of-way from the centerline of the road to
its designed width.
4. For any subdivision (major, minor, exempt, or replat) fronting along an existing
Village road not designated on the Village’s Official Thoroughfare Plan,
provisions shall be made to set aside the necessary right-of-way for traffic,
utilities, and drainage, in accordance with the minimum right-of-way for local
streets as established by these Regulations. When natural topographic features
preclude the expansion or use of one side of the road right-of-way, the developer
may be required to dedicate (Major Subdivision/Development) or set aside
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 73 of 262
(Minor/Exempt Subdivision or Replat) additional road right-of-way equal to that
which is precluded by the natural feature.
5. The right of way donation required should be larger at classified intersections to
allow for future additional turn lanes, pedestrian facilities, utilities, clear zone
spacing for signal pole installations, etc. For any arterial intersection, within 600
feet of the intersection, a 150-foot minimum donation is required. This would
allow for a future cross section that includes room for utilities, sidewalks,
shoulders, two through lanes in each direction, a dual left turn lane, and a right
turn lane. For any minor collector intersection, within 600 feet of the intersection,
a 90-foot minimum donation is required. For any major collector intersection,
within 600 feet of the intersection, a 120-foot minimum donation is required. This
would allow for utilities, sidewalks, shoulders, one through lane in each direction,
dual left turn lanes, and a right turn lane.
Section 4.11
Street Classifications and Design Standards
1. Each street shall be designed according to the following classifications. The
design and improvement standards contained herein are minimums for all street
types in residential subdivisions unless otherwise noted. All streets shall be
designed and constructed in accordance with the standards specified in the tables
below for each classification and in Article 8 (Congestion Prevention) of these
Regulations. Where central sewer systems are available or proposed, curbs and
gutters shall be required (see Section 4.43). Streets with curbs and gutters are
measured from curb face to curb face. Greater right-of-ways and pavement width
may be required due to high slopes or other natural features. Utility easements of
10 feet may also be required along each side of the street.
2. The classification of a new street or streets that do not appear in Appendix XI will
be designated by the PZC when a new subdivision (major or minor) is proposed
on or adjacent to that street.
3. No utilities shall be placed within 6’ of the bottom of the ditches as shown per
standard typical ditch drawings. All streets with open ditches will have a 2’
minimum ditch bottom width. This should be included as a note on the
construction plans.
4. Berm under drains may be required along streets with ditches including cul-de-sac
bulbs; this drain will need to be located between the pavement and the ditch and
will be necessary when the following require it: ditch grades, soil types, and depth
to groundwater. This list is not exhaustive and other criteria may be applicable.
5. Street right-of-way shall be adequate to include all cross culverts and roadside
ditches.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 74 of 262
6. Granular backfill of the utility trenches shall be required under and within 4’ of all
paved areas.
Section 4.12
Cul-de-Sacs
Cul-de-Sac – Is a street that has a single means of ingress and egress and
terminates in a permanent vehicular turnaround. Lengths of cul-de-sacs are
limited to minimize mistaking cul-de-sacs with connecting streets, to discourage
speeding, and to limit the number of families stranded in emergency or repair
situations where the road is cut or blocked off. Cul-de-sacs in a commercial or
industrial zoning district shall meet additional width and right-of-way
requirements:
1. Cul-de-sacs should be used sparingly and only to capture areas that cannot
be reasonably developed with a through street (in accordance with Section
4.2).
2. Cul-de-sacs are intended to serve fewer than 25 lots.
3. When cul-de-sacs are planned, developers must provide a written
explanation why a cul–de-sac is a more beneficial design and why
interconnecting streets cannot be used.
Offset cul-de-sac bulbs are preferred and shall be used whenever possible at the
discretion of the Planner. Where cul-de-sacs are curbed, they shall be posted as a
fire lane and no parking signs shall be erected.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 75 of 262
Table 2: Design Elements for Cul-de-Sac Streets
DESIGN ELEMENTS FOR CUL-DE-SAC STREETS
(25 mph Design Speed, under 120 ADT)
Minimum Right-of-Way: Curb & Gutter
Uncurbed
Minimum Pavement Width: Curb & Gutter (face to face)
Uncurbed, with 4 foot shoulder
DIMENSIONS IN
FEET
OR PERCENT
50’
60’
28’
20’
(Between pavement and drainage ditch)
*
Minimum Cul-de-Sac Bulb
Right-of-way
Curbed Pavement Width
Uncurbed Pavement Width
Maximum Grade
Maximum Grade within 50 feet of an Intersection’s Edge of
Pavement
Maximum Grade for the Cul-de-Sac Bulb
Minimum Grade
Minimum Radius of Centerline
Minimum Tangent Length Between Reverse Curves
Minimum Curb Radii
Minimum Stopping Distance
Minimum Sidewalk Width (when required)
Minimum Grassed Area Between Sidewalk and Curb
60’ radius*
45’ radius*
42’ radius*
10%
3%
5%
0.5%
150’
50’
75’
170’
5’
4’
NOTE: Pavement composition and construction standards are located in Appendix VII.
* This minimum requirement may be increased upon the request of local trustees, fire district, or school
district.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 76 of 262
Figure 1: Loop Offset Cul-De-Sac, Curb and Gutter
R.O.W.
30’
20
’
10
’
R=75’
R=25’
20’
R=50’
R.O.W.
50’
24’
Figure 2: Loop Offset Cul-De-Sac, Center Island
’
15
20
’
15
20’
’
20’
R=75’
R=30’
20 or 28’
50’
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 77 of 262
Section 4.13
Local Residential Streets
Local Residential Street – A local residential street is the lowest order of roadway
providing access to residential lots and carrying only the traffic generated by adjoining
residential land uses. Residential subdivisions should be developed so that the maximum
number of housing units have frontage on local residential streets. All tracts having a
zoning classification of AR-1 or AR-2 shall have access roadways of not less than
twenty-six feet in width and full width unobstructed access to a public street, alley or
highway. The pavement shall be constructed on a properly prepared subgrade and shall
consist of not less than six inches of portland cement concrete with integral curbing, or
six inches of compacted aggregate base course and two inches of asphalt concrete surface
course with portland cement concrete curbing or combined curb and gutter. Curbing may
be eliminated to permit access to parking areas only.
Table 3: Design Elements for Local Residential Streets
DESIGN ELEMENTS FOR
LOCAL RESIDENTIAL STREETS
(25 mph Design Speed, up to 800 ADT)
Minimum Right-of-Way
Curb & Gutter
Minimum Pavement Width
Curb & Gutter (curb face to curb face)
Maximum Grade
Maximum Grade within 50 feet of an Intersection
Minimum Grade
Minimum Radius of Centerline
Minimum Tangent Length Between Reverse Curves
Minimum Radii
Curbed
Minimum Stopping Distance
Minimum Sidewalk Width (when required)
Minimum Grassed Area Between Sidewalk and Curb
DIMENSIONS IN FEET
OR PERCENT
50’
26’
10%
3%
0.5%
150’
50’
25’
175’
5’
6’
NOTE: Pavement composition and construction standards are located in Appendix VII.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 78 of 262
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 79 of 262
Figure 3: Local Residential Street, Curbs and Gutter
Cross Section of Local Residential Street or Cul-de-sac with
Curbs and Gutters
Figure 4: Not Used
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 80 of 262
Section 4.14
Minor Collectors
Minor Collector – A collector roadway distributes traffic between lower order
residential streets and higher order arterial streets. The collector’s purpose is
primarily to promote free traffic flow, thus direct access for adjoining lots should
be limited where possible. Collectors should not be used for on-street parking and
may provide linkages to adjoining developments to improve vehicle circulation.
There are two types of collectors, minor and major. A minor collector adds a
middle turn lane while a major collector is designed to carry more traffic by
removing the turn lane in favor of two dedicated lanes running in each direction.
Table 4: Design Elements for Minor Collectors
DESIGN ELEMENTS FOR MINOR
COLLECTORS
(3 Lane: 35 mph Design Speed)
Minimum Right-of-Way: Curb & Gutter Required
Within 600’ of an intersection
Minimum Pavement Width: Curb & Gutter Required
*
No Parking Permitted* (curb face to curb face)
Maximum Grade
Maximum Grade within 50 feet of an Intersection
Minimum Grade
Minimum Radius of Centerline
Minimum Tangent Length Between Reverse Curves
Minimum Curb Radii
Minimum Stopping Distance
Minimum Sidewalk Width (when required)
Minimum Grassed Area Between Sidewalk and Curb
DIMENSIONS IN FEET
OR PERCENT
72’
90’
36’
8%
3%
0.5%
575’
250’
35’
250’
5’
6’
NOTE: Pavement composition and construction standards are located in Appendix VII.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 81 of 262
Figure 5: Minor Collector, Minimum
Cross Section of Minor Collector Minimum Requirements
Figure 6: Minor Collectors, 4 Lanes
Cross Section of a Minor Collector with 4 lanes
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 82 of 262
Section 4.15
Major Collectors
Major Collector – A collector roadway distributes traffic between lower order residential
streets and higher order arterial streets. The collector’s purpose is primarily to promote
free traffic flow, thus direct access for adjoining lots should be limited where possible.
Collectors should not be used for on-street parking and may provide linkages to adjoining
developments to improve vehicle circulation. There are two types of collectors, minor
and major. A minor collector adds a middle turn land while a major collector is designed
to carry more traffic by removing the turn lane in favor of two dedicated lanes running in
each direction.
Table 5: Design Elements for Major Collectors
DESIGN ELEMENTS FOR MAJOR
COLLECTORS
(4 Lane: 45 mph Design Speed)
Minimum Right-of-Way: Curb & Gutter Required
Within 600’ of an intersection
Minimum Pavement Width: Curb & Gutter Required
*
No Parking Permitted* (curb face to curb face)
DIMENSIONS IN FEET
OR PERCENT
Maximum Grade
Maximum Grade within 50 feet of an Intersection
Minimum Grade
Minimum Radius of Centerline
Minimum Tangent Length Between Reverse Curves
Minimum Curb Radii
Minimum Stopping Distance
Minimum Sidewalk Width (when required)
Minimum Grassed Area Between Sidewalk and Curb
8%
3%
0.5%
575’
250’
35’
400’
5’
14’
Village of Johnstown Development Regulations
100’
120’
48’
60’ (when
a center turn lane or a
median is required.)
Effective: January 30, 2012
Page 83 of 262
Figure 7: Major Collector, Minimums
Cross Section of Major Collector with Minimum Requirements
Figure 8: Major Collector, Ideal
Cross Section of Ideal Design for Major Collector
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 84 of 262
Section 4.16
Minor Arterials
Minor Arterial – This roadway is a thoroughfare similar in nature to a major
arterial, but designed for lower volumes of traffic. Minor arterials shall consist of
a minimum of 4 lanes with a median, and intersections and direct driveway
accesses shall be minimized.
Table 6: Design Elements for Minor Arterials
DESIGN ELEMENTS FOR MINOR ARTERIALS
(55 mph Design Speed)
Minimum Right-of-Way: Curb & Gutter Required
Within 600’ of an intersection
Minimum Pavement Width: Curb & Gutter Required
*
No Parking Permitted* (face to face)
DIMENSIONS IN FEET
OR PERCENT
120’
150’
48’ Excluding median
60’ (When a center turn lane or
a
median is required)
Maximum Grade
Maximum Grade within 50 feet of an Intersection
Minimum Grade
Minimum Radius of Centerline
Minimum Tangent Length Between Reverse Curves
Minimum Curb Radii
Minimum Stopping Distance
Minimum Sidewalk Width (when required)
Minimum Grassed Area Between Sidewalk and Curb
Village of Johnstown Development Regulations
5%
3%
0.5%
575’
250’
35’
550’
5’
18’
Effective: January 30, 2012
Page 85 of 262
Figure 9: Minor Arterial, Center Turn Lane
Cross Section of Major or Minor Arterial with Center Lane for Left Turns
Figure 10: Minor Arterial, Left and Right Turn Lane
Cross Section of Major or Minor Arterial with Left and Right Turn Lanes
For One Direction of Traffic
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 86 of 262
Section 4.17
Major Arterials
Major Arterial – An major arterial is a major thoroughfare designed to carry
traffic between municipalities and other activity centers at a high rate of speed,
generally over 45 mph, and to provide connections with major state and interstate
roadways. Arterials shall consist of a minimum of 4 lanes, and contain as few
intersections and access as few driveways as possible. As a result, no new access
points for driveways will be permitted (see Article 8: Congestion Prevention).
Typically, existing or new state routes are classified as an arterial.
Table 7: Design Elements for Major Arterials
DESIGN ELEMENTS FOR MAJOR ARTERIALS
(55 mph Design Speed)
Minimum Right-of-Way: Curb & Gutter Required
Within 600’ of an intersection
Minimum Pavement Width: Curb & Gutter Required
*
No Parking Permitted* (curb face to curb face)
DIMENSIONS IN FEET
OR PERCENT
120’*
150’
48’
Excluding median
(More where left/right turn lanes
are required)
Maximum Grade
Maximum Grade within 50 feet of an Intersection
Minimum Grade
Minimum Radius of Centerline
Minimum Tangent Length Between Reverse Curves
Minimum Curb Radii
Minimum Stopping Distance
Minimum Sidewalk Width (when required)
Minimum Grassed Area Between Sidewalk and Curb
Village of Johnstown Development Regulations
7%
3%
0.5%
575’
250’
35’
550’
5’
18’
Effective: January 30, 2012
Page 87 of 262
Figure 11: Major Arterial, Grass Median
Cross Section of Major or Minor Arterial with a Grass Median
Figure 12: Major Arterial, Left & Right Turn Lanes
For One Direction of Traffic
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 88 of 262
Section 4.18
Marginal Access Roads
Marginal Access Road – A service roadway may be running parallel to and from a
higher order roadway and providing access to abutting properties and separation
from through traffic on the higher order roadway. A marginal access road shall
be designed as a local residential street according to anticipated daily traffic.
When a marginal access road is developed directly adjacent to the arterial, its
ultimate design should be one-way.
Table 8: Design Elements for Marginal Access Roads
DESIGN ELEMENTS FOR MARGINAL ACCESS DIMENSIONS
ROADS
FEET
(35 mph Design Speed)
OR PERCENT
*
Minimum Right-of-Way
Curb & Gutter
60’
Uncurbed
60’
Minimum Pavement Width*
IN
(No Parking Permitted in Non-Residential Areas)
Curb & Gutter (curb face to curb face)
Uncurbed
Maximum Grade
Maximum Grade within 50 feet of an Intersection
Minimum Grade
Minimum Radius of Centerline
Minimum Tangent Length Between Reverse Curves
Minimum Curb Radii
Minimum Stopping Distance
Minimum Sidewalk Width (when required)
Minimum Grassed Area Between Sidewalk and Curb
Minimum Grassed Area Between Marginal Access & Arterial
*
#
28’
20’
10%
5%
0.5%
150’
50’
25’
250’
5’
3’
19’#
A reduction in these minimum requirements may be made if the marginal access
road is designed and approved as a one-way road.
At an intersecting roadway the distance shall be great enough to meet the
intersection spacing requirements of Section 4.4 of these Regulations.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 89 of 262
Figure 13: Marginal Access Road, Curbs and Gutters
Figure 14: Marginal Access Road with Ditches
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 90 of 262
Section 4.2 Loop Cul-de-sacs and Roundabout
1. Cul-de-sac shall only be constructed with a center island (unless specifically
requested by the Village to leave as pavement) to reduce the amount of pavement
for public maintenance and stormwater runoff. All cul-de-sac construction shall
comply with Section 4.12 of these Regulations.
2. Roundabouts shall be used at all four way intersections (unless specifically
requested by the Village Council to be a traditional 4-way stop) in residential
areas unless topographic or other natural features preclude their use and shall be
encouraged as a traffic-calming device.
For roundabout design criteria, see USDOT standards.
Figure 15: Roundabout Design Standard
Source: USDOT Publication #FHW-RD-00-067
http://www.tfhrc.gov/safety/00068.htm
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 91 of 262
Table 9: Roundabout Recommended Maximum Entry Design Speed
Site Category
Mini-Roundabout
Urban Compact
Urban Single Lane
Urban Double Lane
Rural Single Lane
Rural Double Lane
Entry Design Speed (MPH)
15
15
20
25
25
30
Section 4.3 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. Where a street is
temporarily dead-ended at a property line, a temporary turnaround shall be
required. These turnarounds cannot be used as road frontage for the creation of
additional lots. Temporary dead-end streets shall extend to the boundary of such
undeveloped acreage and shall be provided with an interim turnaround
satisfactory to the Planning Commission and to the Village in design.
When the adjacent tract of land is anticipated to be developed in the future and the
extension of the roadway system will provide continuity between subdivisions, a
street extension or street stub that satisfies the following standards, will be
required:
a.
b.
c.
d.
A note is added to the Final Plat indicating that the future connection
of the street extension(s) or street stub(s) identified thereon by the
same or other developers shall be extended and opened as a public
street(s) in subsequent phases of development.
If a street extension is built, a “No Outlet” sign is placed at its entrance
and a barricade approved by the Village Engineers Office is placed at
the end of the extension.
A street extension that exceeds one (1) lot in depth will be considered
a cul-de-sac for the purposes of construction and shall conform to the
requirements of Section 4.12. Depending on whether a major
subdivision is being constructed in phases and the timing of the
projects, a variance may be sought to allow the section of the cul-desac bulb, which is not part of the linear pavement to be constructed in
gravel.
Alternatively, a phase may be ended at an intersection and the road
constructed such that a “T” turnaround is created by building the first
30 feet of length of the intersecting street. Such a “T” turnaround shall
be in accordance with Section 4.12 or 4.13 of these Regulations,
depending on its ultimate planned design. A sign shall be posted
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 92 of 262
2.
3.
4.
5.
indicating no parking on the “T”. A barricade approved by the Village
Engineer’s Office will be placed at the end of the street stub. There
will be a two-year time limit on “T” turnarounds intended to be
temporary. In phased developments, prior to the plat being recorded, a
bond will be required for the construction of the bulb of the cul-de-sac
in the event the developer does not construct the cul-de-sac after the
two-year time limit or begin a new phase. Design standards as well as
a cost estimate will need to be submitted for all Temporary “T”
turnarounds. This standard does not preclude future connection or
extension.
e.
If a street extension would extend only 1 lot frontage or less in depth
past a street intersection, only a street stub will be required. In this
case the right-of-way shall extend to the limits of the property of the
proposed subdivision, while the street stub shall extend to the radius
end of the curve or ten (10) feet, whichever is greater. A barricade
approved by the Village Engineer’s Office will be placed at the end of
the street stub. In areas where centralized water and sewer services are
being utilized the street stubs shall be improved to the property line.
f.
The end of a street extension shall not be counted as road frontage for
the creation of additional lots. Likewise, no part of a street stub shall
be considered road frontage for the creation of additional lots.
Dedication of a new half-street shall not be permitted. Where a dedicated or
platted half-street exists adjacent to the tract being subdivided, the other half shall
be platted.
Where a subdivision abuts or contains an existing or proposed arterial street, the
Planner shall require marginal access streets, and where reverse frontage is
created, screen planting shall be contained in a non-access reservation along the
rear property line or other such treatment as may be necessary for adequate
protection of residential properties and to afford separation of through and local
traffic. There shall be no direct vehicular access from any lots to such arterial
streets or highways.
Residential developments planned adjacent to any interstate style limited access
highway shall provide adequate noise abatement measures as specified by
O.D.O.T. standards. This may be in the form of sounds walls, mounded buffers,
increased setback and/or landscaping or other measures approved by the Planner.
(See Section 4.65 & 4.66)
When a residential subdivision abuts or is adjacent to a major collector or higher
classification roadway, there shall be a landscaped buffer no less than 40 feet
between the road right-of-way and any lots. The buffer shall be at least 70%
opaque during the winter and at least six (6) feet in height at the time of planting.
For any residential subdivision where there is proposed to be a homeowners
association, said buffer shall be exclusive of any proposed lot of record and may
count toward the minimum open space requirement as specified in Section 4.7.
For any residential subdivision where a homeowners association will not be
established and the landscape buffer is to be located upon private property, an
easement shall be recorded on the final plat. In either case it shall be noted in the
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 93 of 262
restrictive covenants that the landscape buffer shall be maintained by the
homeowners association or homeowner and no tree shall be removed unless the
tree is dead or determined to be diseased. The removal of a tree shall require the
homeowners association or homeowner to replace the tree as originally specified
herein and noted on the plat. (See Section 4.65 & 4.66)
Section 4.30
Street Names
In no case shall the names for proposed streets (except extensions of existing streets), or
the name of proposed subdivisions duplicate or closely resemble existing street names or
subdivision names in the county, its cities or villages, irrespective of the use of a direct
suffix such as Drive, Court, Place, Avenue, etc. In addition, a name shall not be
confusing or excessive in length. Street names shall be subject to the approval the
Planner. (See Section 5.21) Whenever a new street is constructed along the approximate
alignment or extension of an existing street, its name shall be the same as that of an
existing one. In all cases of new street construction or extension, address ranges shall be
placed on the street sign indicating the direction and range of addresses.
Section 4.31
Horizontal Alignments
Horizontal – As determined by the design speed and site distance per ODOT’s
regulations (as per ODOT’s Location & Design Manual).
Section 4.32
Vertical Alignments
Vertical – As determined by the design speed and site distance per ODOT’s
regulations (as per ODOT’s Location & Design Manual).
Section 4.33
General Street Suffix
All new streets shall be named in the following manner and shall be subject to the
approval of the Planning and Zoning Commission:
General Direction
North and South
East and West
Diagonal
Curving
Over 1000 feet in Length
Street
Avenues
Roads
Drives
Village of Johnstown Development Regulations
Under 1000 feet in Length
Places
Courts
Ways
Circles
Effective: January 30, 2012
Page 94 of 262
Section 4.4 Intersection Design Standards
These standards create safer intersections and allow for sufficient safe stopping distance
as well as to prevent cars waiting to turn from stacking and thus disturbing through traffic
flow. The design and improvement standards for intersections are minimums for all
street intersections in subdivisions. All such intersections shall be designed and
constructed in accordance with the standards as specified in the table below, Section 4.40,
and Article 8, Congestion Prevention.
Table 10: Design Elements for Intersections/Driveways/Access Roads
DESIGN ELEMENTS FOR
INTERSECTIONS/DRIVEWAYS/ACCESS ROADS*
Maximum Approach Speed
Minimum Angle of Intersection
STANDARD
25 mph
75 degrees and the street shall
remain in the angle of intersection
for at least 100’ beyond the point of
intersection.
Minimum Centerline Offset of Adjacent
Intersections:
Local – Local
Local – Collector
Local – Arterial
Subcollector – Subcollector
Subcollector – Collector
Subcollector – Arterial
Collector - Arterial
Minimum Intersection Stopping Sight Distances
Local Rural Roads
200 feet
250 feet
300 feet
300 feet
300 feet
300 feet
1,320 feet
Design Speed of Minimum
Road Intersected Stopping Sight
Distance
55 MPH
550 feet
50 MPH
475 feet
45 MPH
400 feet
40 MPH
325 feet
35 MPH
250 feet
25 MPH
175 feet
*Based on AASHTO
The above chart applies to all access point including those in platted subdivisions.
Whenever possible marginal access roads shall be designed as one-way streets. These
roads shall be one-way in the direction of travel as the nearest lane of the adjacent
highway.
Section 4.40
General Intersection and Roadway Standards
1. Intersections shall be laid out so as intersect as nearly as possible at right angles.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 95 of 262
2. Multiple intersections involving junctions of more than two streets shall not be
permitted unless approved by the Planner.
3. Proposed new intersections, or subdivision entrances along one side of an existing
street shall, whenever practical, coincide and align with any existing street. Street
jogs with centerline offsets of less than 200 feet shall not be permitted.
Section 4.41
Streets for Non-Residential Subdivisions
Non-Residential Subdivisions shall include subdivisions in an area zoned for any type of
commercial, industrial, or PUD that contains any mix of residential, commercial, and/or
industrial development. In areas with no adopted zoning resolutions, any subdivision
created with any of the uses mentioned above shall be considered Non-Residential.
In addition to the rules and regulations set forth in these subdivision regulations, the
subdivider must demonstrate to the satisfaction of the Planner that the street, parcel, and
block pattern proposed is specifically adapted to the uses anticipated and takes into
account other uses in the vicinity. The following principles and standards shall be
satisfied if these roads are to be dedicated to the public:
Principles and Standards
1. The street and lot layout of a non-residential subdivision shall be appropriate to
the land use proposed and shall conform to the approved land use plans and
zoning resolutions of the area.
2. Proposed industrial and commercial parcels shall be suitable in area and
dimensions for the type of development anticipated.
3. Street right-of-ways and pavement width minimums shall be increased in order to
accommodate the type and volume of traffic the development is expected to
generate (i.e. the street classification may be upgraded depending on the proposed
use. This includes the need to plan for future traffic adjacent undeveloped
parcels.)
4. Additional requirements may also be imposed by the Planner or the Village
Engineers regarding the amount and type of materials used in the construction of
the proposed roadway’s pavement, as well as the curb and gutter and sidewalk
design and construction.
5. Special requirements may be imposed by the Planner upon recommendation from
the Village Engineer, Water and Wastewater authority or other state, federal, or
local authority regarding the installation of public utilities.
6. Every effort shall be made to protect existing or potential adjacent residential
areas from any potential nuisances as a result of the proposed development. This
may include, but not be limited to, extra depth in parcels abutting the residential
areas, screening or fencing, and a combination of landscaping and dirt mounding
to provide for adequate buffering and noise abatement.
7. Streets carrying non-residential traffic, especially truck traffic, should not
normally be extended to the boundaries of existing or potential adjacent areas, or
connected to streets intended for predominantly residential traffic. However the
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 96 of 262
Planner may require a street stub if adjacent parcels are zoned for a similar use or
are designated for a similar use in the adopted Village Comprehensive Plan.
Section 4.42
Sidewalks and Pedestrian Accesses
1. Where curbs and gutters are required, sidewalks shall be required on both sides of
all streets in the proposed subdivision or development. Where sidewalks are
required, these sidewalks shall be constructed to current ADA standards at street
intersections.
2. When the proposed subdivision or development is located within one-half (0.5)
mile of commercial or quasi-public zoned land, that is designated for commercial
or quasi-public use in the Village’s comprehensive plan, and/or within one (1)
mile of a school, park, playground, shopping center, transportation hub, or other
community facility (measured from the nearest point of the subdivision to the
nearest point of the place of activity), sidewalks shall be required. The Planner
shall also require sidewalks to be installed along the perimeter roadways of any
proposed subdivision utilizing centralized water and sewer to facilitate pedestrian
access to surrounding areas.
3. The sidewalks must be included as a requirement in the deed for each lot. These
sidewalks can be installed at the time of home construction so as to minimize
damage from construction.
4. All sidewalks must be five (5) feet wide and constructed of concrete.
5. All sidewalks along Village roadways must be placed inside the road right-ofway.
6. Any street trees must be planted on the back side of the sidewalk.
7. All sidewalks along state routes must be placed outside of the road right-of-way
(on private property)
8. The Planner shall also require, in order to facilitate pedestrian access from the
roads to schools, parks, playgrounds, shopping centers, transportation, or other
community facilities perpetual unobstructed easements of at least 20 feet in width.
Easements maybe required to be paved with asphalt and must be recorded on
Final Plat.
9. When sidewalks are proposed as part of the subdivision the curbs shall be
dropped or removed by a curb-cut method at locations shown in the plans for the
handicap ramps. The sidewalk and/or handicap ramp adjacent to the curb shall be
at least 6-inches thick for a distance of 4-feet from the back of the curb. At
intersections, all sidewalks and ramps will need to be designed to be ADA
compliant. The design of the sidewalks and ramps will need to be designed to
follow the most current ADA Standards for Accessible Design. Crosswalks shall
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 97 of 262
be included at all handicap ramps and shall be painted in thermo-plastic reflective
painting, or other methods approved by the Village Engineer.
Section 4.43
Curbs and Gutters/Storm Sewers
1. Where central sewer systems are proposed, curbs and gutters shall be required.
Curbs and gutters are also required for all collector streets, for all streets in mixed
use planned unit developments where net density is clustered in exchange for
collective open space, and in any development involving any mix of commercial
and/or one-, two-, or multi-family residential uses. The Village Engineer must
approve all curb and gutter designs. The Planner may also require curbs and
gutters in areas of notable flash flooding, heavy rain runoff, flat topography, or
other areas prone to drainage problems.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 98 of 262
Section 4.5 Lots and Blocks
The arrangement of lots and blocks shall be such as to conform to the street planning
criteria set forth in Section 4.1 inclusive, and shall be arranged to accommodate lots and
building sites of the size and character required for the district as set forth in these
subdivision regulations and the Village zoning resolution and to provide for the required
community facilities.
Section 4.50
Block Standards
Block lengths and widths shall be coordinated with the development of the land and shall
be designed in a manner that will allow proper traffic flow including fire and emergency
vehicles, and pedestrian use and access ways within the block to schools, parks, or other
destinations as may be required by the Planner. In addition, the following regulations
shall govern the design and layout of blocks:
1. Irregularly shaped blocks, those intended for cul-de-sacs or loop streets, and those
containing interior parks or playgrounds, may be approved by the Planner if
properly designed and located and if the maintenance of interior public spaces is
covered by agreements.
2. No block shall be longer than 1,500 feet, and the block width shall accommodate
lots and building sites of the size and character required for the district as set forth
in these subdivision regulations and the Village zoning resolution and shall be
sufficient to provide for community facilities.
3. Wherever blocks exceed 900 feet in length, the Planner shall require crosswalks
of not less than 10 feet in width near the center of the block. These pedestrian
accesses shall be constructed to ADA compliant sidewalk specifications to
provide proper access to schools, recreation areas, shopping centers, and other
facilities.
Section 4.51
Lot Standards
Each lot shall front along an improved dedicated public right-of-way. All lots must also
conform to or exceed the requirements of the zoning district in which they are located
and the use for which they are intended. In addition, the following regulations shall
govern the design and layout of lots:
1. Lots Abutting Classified Roadways: Where a proposed subdivision (major or
minor) abuts or contains an existing or proposed arterial or collector (major or
minor) street, the Planner shall require, one or more of the following:
a. Marginal access roads. (Section 4.18)
b. Reverse frontage lots with depth adequate to insulate the building area
from the arterial. (per Section 4.66 Noise Abatement)
c. Buffering and/or screening (per Section 4.65) to separate traffic from the
proposed lot.
d. Driveways with turnarounds.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 99 of 262
2.
3.
4.
5.
6.
7.
8.
e. Shared access points to the public right-of-way.
 If a shared access point is part of a subdivision, the shared
access point and driveway will need to be constructed by the
applicant prior to final approval.
f. Cross access agreements. See Appendix IV.
 If a cross access agreement is part of a commercial
subdivision, the cross access will need to be constructed by
the applicant, to the lots gaining access to the shared point,
prior to final approval.
Access to Arterial: The creation of lots which would have direct access from an
arterial as identified in Appendix XI – The Village’s Official Thoroughfare Plan,
or Article 8 – Congestion Prevention, shall be discouraged and will not be
allowed where the minimum spacing required by Article 8 is not met, and a
permit from ODOT has not been received.
Side Lot Lines: All side lot lines shall be at right angles to street lines and radial
to curved street lines except where the Planner determines that a variation to this
rule would provide a better layout. Corner residential lots shall have additional
width to accommodate front setback requirements for orientation to both streets
(i.e. the front setback requirement must be met on both sides of the lot with public
road frontage).
Double Frontage: Lots with double frontage shall be avoided except where the
Planner determines that it is essential to provide separation of residential
development from higher order streets. Any access shall be from the lower order
street. These lots will require adequate buffering and/or screening as per Section
4.65 of these Regulations.
Additional Lot Depth and Buffers: Additional lot depth will be required where a
residential lot in a subdivision backs up to a railroad right-of-way, a high pressure
gasoline or liquid pipeline, open drainage ditches, an industrial area, or other
existing or zoned land use which may have a detrimental effect on the residential
use of the property, and where no street is provided at the rear of such lot. Where
a residential lot has its side lot line adjacent to any of the aforementioned, an
appropriate additional width may also be required. Buffers per Section 4.65 are to
be provided by the developer.
Steep Driveways: Lots and streets shall not be laid out so as to create a buildable
lot that requires a driveway access with a slope greater than 10% within the road
right-of-way, and driveways shall be designed to drain to the appropriate drainage
system.
Lowest Order Road Address: The Village Engineer’s Office shall assign new lots
their street address on the lowest order improved public roadway on which the lot
has frontage. This is also the roadway where any mailbox for that lot shall be
located, unless the United States Postal Service requests, in writing to the Planner
or LC Engineer, a different location.
Remaining Land: No remnants of property shall be left after the creation of a lot
that do not meet the intent of these Regulations.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 100 of 262
Section 4.52
Easements
1. Utility Easements: Public utility easements at least ten (10) feet in total width
shall be required along the rear of lots where needed for the accommodation of a
public utilities, drainage or any combination of the foregoing. Side yard utility
easements shall be ten (10) feet and the side yard setbacks shall be a minimum of
20 feet and may be required at the end of cul-de-sacs to provide access for future
utility line extensions. Where deemed necessary by the Planner or utility
providers, an additional easement width may be required.
In areas where centralized water and sewer systems are utilized the side and rear
yard easements may be reduced to 5 feet on either side of a lot line for a total
width of 10 feet.
2. Watercourse Easements: Thirty foot easements shall be provided along every
watercourse, drainage channel, stream, or other environmentally sensitive area.
See Appendix III for a sample watercourse easement. Extra easements for back
slopes may also be required by the Planner where necessary.
3. Structures and fill are not permitted in any easement unless approved in writing
by the Planner. All easements shall be fully depicted on the Final Plat and these
restrictions recorded in the deeds.
4. All utilities shall be located behind the front setback.
Section 4.6 Physical Considerations and Natural Features
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 flood danger
and damage, to minimize destruction of trees and topsoil, and to preserve such natural
features as watercourses, unusual rock formations, large trees, sites with historical
significance, and other assets which, if preserved, will add attractiveness and value to the
subdivision and the community.
The Village Planner staff and the developer at sketch plan shall identify those areas to be
preserved and the protection of these areas. This shall include historical sites, natural
features (watercourses, unusual rock formations, and trees). The areas to be preserved
shall be noted on the plat, within the restrictive covenants and within any deed
restrictions as applicable. Said restrictive covenants and deed restrictions shall address
the preservation and maintenance of the features and removal (ONLY IF IT BECOMES
A PUBLIC SAFETY HAZARD and as approved by the platting authority). Shall the
developer and the Village Planner staff not reach an agreement as to what shall be
preserved and how it is to be protected, the Village Planner board (at or before the
preliminary plan) shall review the feature(s) and make the final decision.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 101 of 262
The disturbance of historical sites shall be strictly prohibited. Should any of the areas
identified for preservation be disturbed or destroyed as a result of the development of the
site (site clearing, construction and the like) may result in restitution of the feature(s) that
were destroyed or altered as determined by the Village Planner board. The developer
shall be held harmless of any destruction due to natural events, such as severe weather,
flooding, high winds, earthquakes, natural deterioration and the like. Additionally, the
developer shall be held harmless of any destruction after the completion of the project
(final inspection is approved and road accepted for maintenance) so long as the developer
as a property owner does not take any deliberate action to destroy the feature in violation
of the recorded plat, restrictive covenants, and/or deed restriction.
Section 4.60 Flood Plain and Watercourses
Some floodplains in Village of Johnstown are identified on Federal Emergency
Management Agency (FEMA) maps. The following shall apply to those floodplains
identified on FEMA’s Flood Insurance Rate Maps (FIRM) or to flood prone areas
identified as follows. For any stream or body of water not identified by the FIRM,
including intermittent streams, the developer shall determine the 100-year flood
elevations and subsequent mapping, through a certified engineering analysis. These
elevations shall be determined in accordance with FEMA’s recognized state methods and
based on “future conditions”. Any 100-year flood plain thus identified on the site must
also meet the following requirements:
1. Floodway and 100 Year Flood Hazard Areas: The approval of a subdivision that
is located in or partially in an area of periodic flooding, or identified as a flood
hazard area on the Licking County FIRM’s or floodway maps, shall be limited to
the following:
a. Approval shall not be given for streets within a subdivision, which would
be subject to flooding. All street surfaces must be located one or more
feet above the 100-year flood elevation.
b. Where major subdivisions are proposed to be located in areas of periodic
flooding or in identified 100-year flood hazard areas, and the average lot
size is less then 1.5 acres, such floodplain areas shall be left undeveloped
or as recreation areas, etc. (See Sec. 4.7 Recreation and Open Space). No
area where natural elevation is shown as floodplain shall be used for
building sites, leach fields, or well sites. No land disturbing activities
shall occur in the floodplain area without prior written approval from the
PZC Staff. Should any part of a flood plain be located on a proposed lot,
such design shall be explicitly approved by the PZC Board and shall be
included in the Open Space/Common Area Management Plan (see Section
4.73 #2). These requirements shall be included in the covenants and deed
restrictions, and on the final plat.
c. In minor land divisions, no areas where natural elevation is within a flood
zone hazard area shall be included as part of a lot unless that lot meets
current Village and health department minimum lot size outside of the
flood hazard area exclusive or road right-of-way and other easements of
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 102 of 262
d.
e.
f.
g.
record. If areas subject to flooding are included on a lot these areas will
need to be delineated by permanent markers on all lot lines, which will
noted with their locations shown on the final plat.
All sanitary sewer systems and water supply systems must be approved by
the Village Service Director and Village Engineer.
Subject to Section 4.01 (Suitability of Land) of these Regulations.
Stream bank buffer areas for perennial and intermittent natural streams
whose drainage basin is 75 acres or greater shall be designated within
identified flood hazard areas on each side of the watercourse that is 50 feet
upland from the defined top of stream bank, which shall be maintained in
its natural or scenic condition to provide water quality protection and
flood buffering. Identified flood hazard areas with a total width of 100
feet or less shall designate the entire area as a stream bank buffer. This
buffer area shall not be contained on any lot. This shall not prelude the
installation of any necessary street or driveway as required by the Planner.
Around all perennial streams the following requirements shall be
established:
1. An undisturbed natural stream bank buffer area of fifty (50) feet
measured from the stream banks shall be maintained. Utilities shall not
be located within this buffer. All disturbances of this buffer require
prior approval by the Planner.
2. Impervious surfaces are prohibited within seventy-five (75) feet of the
stream bank.
3. Stream buffer or no disturb buffer areas shall be protected from
disturbance by temporary fencing throughout construction of the site.
The fencing is required to be in place prior to the pre-construction
meeting being held.
2. Stream, Drainage, and Flood Easements – If a stream flows through, or is adjacent
to, the proposed subdivision, the subdivider shall provide on the Preliminary Plan
and Final Plat for a storm water easement along the stream(s).
a. Access to streams or storm drainage ditches and channels shall be by
means of easements. Such easements shall not be less than 30 feet in
width, exclusive of the width of the ditch, or channel, or similar type
facility.
b. Underground facilities, such as tiles and storm sewers shall have
easements with a minimum of 20 feet.
c. Whenever a stream, storm drainage ditch, or channel has a depth of three
feet or more, a bank slope of two horizontal to one foot vertical shall be
provided. For identified flood hazard areas, the subdivider shall provide
that the flood hazard area (fringe and floodway) be established on the
preliminary plan and the final plat. The subdivider will also incorporate
into the deed restrictions and covenants that no permanent or temporary
structures (i.e. yard barns, accessory buildings, bridges, etc.) will be
constructed within the flood hazard area, nor shall any fill be placed
therein.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 103 of 262
3. Public Access – Flood plain and storm water easements established under these
Regulations shall provide for public access for inspection and maintenance of
stream flow, and enforcement of these Regulations and the regulations adopted by
the Village. The establishment of these easements does not in itself provide for
public maintenance of these facilities. See Appendix IIIa for a sample
watercourse easement.
All subdivisions and developments shall be required to enter into the Village of
Johnstown Drainage Maintenance Program, see Section 6.06 #8 and Appendix
XXII.
Section 4.61
Storm Drainage Channels
All natural and storm drainage channels requiring a capacity greater than that
accommodated by a 60-inch diameter pipe shall remain as an open channel. Where
conditions justify, the Village Engineer may make exceptions. The cross section and
profile of said channel and its banks shall be determined by the Village Engineer and
Village of Johnstown Soil and Water Conservation District. After inspection, open
channel banks and a ten-foot berm shall be protected from eroding at the end of each
construction day according to specifications in the latest revision of Rainwater and Land
Development, as published by ODNR, Division of Soil and Water Conservation.
Section 4.62
Erosion Control
The intent of the Erosion Control regulations are to:
1. Prevent erosion during construction and prior to final site completion.
2. Minimize the removal of vegetation during the development process.
3. Minimize the exposure of bare earth to precipitation by encouraging the
scheduling of land development in increments of workable size which can be
completed within a single construction season or within a time period compatible
with the type and the size of the project;
4. Provide for the re-establishment of vegetation within a reasonable period
following completion of land disturbance and utility installation (See Sec. 4.63);
5. Give priority to the paving of streets, parking lots, and other areas within a
reasonable time following completion of final grading;
6. Encourage the use of erosion and sediment control techniques found in the latest
revision of Rainwater and Land Development, published by ODNR, Division of
Soil & Water Conservation.
Section 4.63
Erosion Control Standards
The developer must meet the more stringent of the current National Pollutant Discharge
Elimination System (NPDES) Permit or the requirements of this section.
1. Sedimentation facilities (debris basins, sedimentation traps) and other control
measures such as filter barriers, diversions, berms, interceptor ditches and
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 104 of 262
terraces, shall be installed in conjunction with the initial grading operations and
be maintained throughout the development and construction process to remove
sediment from runoff waters draining land under development. These shall be
maintained by the developer to assure functional operation during all phases of
construction by periodic maintenance activities.
2. Land which has been cleared for development, and upon which construction has
not commenced within twenty-one (21) days of this initial clearing shall be
protected from erosion and consequent sedimentation by appropriate vegetation
and land covering techniques such as seeding, sodding, mulching ground cover
installation or other vegetation or earth covering techniques.
3. Construction activity on individual single-family lots or a group of lots being
developed simultaneously by one developer shall be conducted only if
sedimentation facilities are installed and maintained throughout the construction
period to prevent soil from any lot or group of lots from being carried off site
during all phases of project construction. Substantial completion of final grading
and initial ground covering shall be completed prior to the seeding, sodding,
ground covering installation or other vegetative or earth covering techniques.
4. No grading, cutting, or filing shall be accomplished on any site under
development such that unprotected land surfaces will be in contact with surface
water or will encroach upon natural waterways or their floodplains, unless
erosion control and sedimentation control devices can be installed where
determined by the PZC staff, LCSWCD staff or Village Engineer between the
grading area and water surface during development and construction, and
vegetation can be restored upon project completion.
5. Stripping of vegetation, regrading and other development activities shall be
conducted in a manner so as to minimize erosion.
6. Cut-fill operations must be kept to a minimum.
7. Development plans must conform to topography and soil type so as to create the
lowest practical erosion potential.
8. Whenever feasible, natural vegetation shall be retained, protected, and
supplemented.
9. The disturbed area and the duration of exposure to erosive elements shall be kept
to a practical minimum.
10. Disturbed soil shall be stabilized as quickly as practical (See Sec. 4.63 #2)
11. Temporary vegetation or mulching shall be employed to protect exposed critical
areas during development. These measures shall be installed within 48 hours of
initial disturbance. Critical areas, as they pertain to erosion control measures, are
defined in Appendix XIV by the Village Engineer or Village of Johnstown Soil
and Water Conservation Service.
12. Permanent vegetation and structural erosion control measures shall be installed as
soon as practical but no later than 48 hours after final grading. This includes sod
or other methods of retaining seeding material prior to maturation in the lower ½
of any drainage ditches.
13. To the extent necessary, sediment in runoff water must be trapped by the use of
debris basins, sediment basins, silt traps, or similar measures until the disturbed
area is stabilized.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 105 of 262
14. Straw, mulch, or netting material provisions must be provided to minimize
damage from surface water to the cut face of excavations or the sloping surface
of fills within 48 hours of initial disturbance.
15. Cuts and fills may not endanger adjoining property.
16. Fills may not encroach upon natural watercourses or constructed channels in a
manner so as to adversely affect other property owners.
17. Grading equipment shall traverse flowing streams by means of bridges or
culverts except when such methods are not feasible and provided, in any such
case, that such crossings are kept to a minimum.
18. Land-disturbing activity plans for erosion and sedimentation control shall include
provisions for control or treatment of any source of sediments and adequate
sedimentation control facilities to retain sediments on-site or preclude
sedimentation of adjacent streams beyond the levels specified in paragraph (21)
of this section.
19. Land-disturbing activities shall not be conducted within any one hundred (100)
year floodplain unless in accordance with the Licking County Flood Damage
Prevention Regulations and a Permit to Develop in a Flood Hazard Area has been
approved.
20. An undisturbed natural buffer area shall be maintained for a distance of twentyfive (25) feet adjacent to any body of water as measured from the lake, wetland
or pond banks except when in the interest of public health, safety and welfare, or
the contour of the land require a different buffer subject to the Planner’s
approval.
21. All correspondence with the OEPA in regards to NPDES permits shall be
forwarded to the Planner, and SWP3 with associated inspection reports shall be
kept on site for inspection in accordance with the NPDES Permit requirements.
Section 4.64
Site Protection
1. Removal of Debris – All debris shall be disposed of in accordance with legal
requirements. No debris, regardless of compliance with other local, state, or
federal requirements, shall be buried in the development except in debris pits
specifically designed and approved as part of an improvement plan in locations
outside the buildable area, drainage ways or drainage easements. Debris pits shall
be prohibited in all other locations. If trees and limbs are reduced to chips, they
may be used as mulch in landscaped areas. Debris sites shall be shown on
construction drawings and must gain approval of the Village Engineer’s Office,
and the Village of Johnstown Soil and Water Conservation Service or other
appropriate authority.
2. Protection of Existing Plantings – Maximum effort should be made to save fine
specimens. No material or temporary deposits shall be placed within four feet
(4’) of shrubs or within the drip line and at least ten feet (10’) of trees designated
by the developer or the Planner to be retained. Protective barriers or tree wells
must be installed around each plant and/or group of plants that are to remain on
the site where determined during construction plan review. Barriers shall not be
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 106 of 262
supported by the plants they are protecting, but shall be self-supporting. They
shall be a minimum of four feet (4’) high and constructed of a durable material
that will last until construction is completed. Snow fences and silt fences are
examples of acceptable barriers.
3. Vegetative Enhancement – Landscaping of all cuts and fills and/or terraces shall
meet the approval of the Planner, and/or the LCSWCD.
Section 4.65
Landscape Buffering
1. Function and Materials – Buffering shall provide visual and audio screening in
order to minimize adverse impacts. It may consist of fencing, plantings, walls
evergreens, berms, rocks, boulders, mounds, or combinations thereof to achieve
the same objectives.
2. When Required – Buffering shall be required when the Planner determines that
there is a need:
a. To shield neighboring properties from any adverse external effects of a
development;
b. To shield the development from negative impacts of adjacent uses such as
streets or railroads;
c. To screen public views of rear or side yards and rear facades within
double frontage or reverse frontage lots.
d. To shield from different zoned uses or zoning classifications or open
space.
3. Planting Specifications – Size of evergreens and deciduous trees shall be allowed
to vary depending on setting and type of shrub. All trees, shrubs, and ground
covers shall be planted according to accepted horticultural standards and be live at
the time of planting. The buffering shall be significant at the time of planting to
provide an immediate effect of visual screening. A landscape plan shall be
submitted by the applicant that shows the buffering and this will be required to be
approved by the PZC staff. The buffer shall be at least 70% opaque during the
winter and at least six foot in height at the time of planting. If the landscape buffer
is on private property, a landscape easement must be recorded on the final plat.
4. Plant Species – The plant species selected should be hardy for the particular
climate zone in which the development is located and appropriate in terms of
function and size.
5. Village Zoning – The applicant shall review and comply with all Village zoning
regulations regarding buffering, landscaping, or screening.
Section 4.66
Noise Abatement Procedures
All proposed subdivisions or developments that are adjacent to interstate style highways
(I-70, SR 16, SR 37, SR 161) shall provide for noise abatement measures. This may be in
the form of walls, fences, mounds, plantings, distance or any combination thereof. The
noise abatement measures must meet the requirements of ODOT Noise Barrier Details.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 107 of 262
Figure 16: Noise Barrier Detail
Section 4.7 Open Space
It is found that in order to protect the public health, safety, and welfare an adequate
amount of land should be dedicated and developed for open space, park, and recreational
purposes or left as undeveloped areas. Therefore, all developers of major residential
subdivisions within the planning jurisdiction shall pay a fee-in-lieu of land dedication,
unless the Planner, or some other governmental agency requests the dedication or
provision of a portion of such land, the provision of a combination of land dedication and
fee payment, or the provision of a perpetual conservation easement, as set forth in these
regulations, for the purpose of providing park and recreation facilities to serve future
residents of each such subdivision or development.
Developed open space shall be designed to provide active recreational facilities to serve
the residents of the development. Undeveloped open space shall be designed to preserve
in perpetuity unique or sensitive natural resources such as groundwater, floodplains,
wetlands, streams, steep slopes, woodlands and wildlife habitat. All open space shall
promote the creation of interconnected greenways and corridors throughout and shall
meet or exceed the open space requirements of the Village. The construction of
convenient and landscaped walking trails or bike paths shall also be encouraged.
Section 4.70
Land Provision and Dedication of Residential Development
1. Minimum Amount of Land – The minimum amount of land to be dedicated or
provided by a subdivider as open or recreational space shall be determined in
accordance with the following formula (gross site area and number of dwelling
units is as shown on the preliminary plan):
Acres of land
to be dedicated
or provided
=
.04 x gross site area
+ .05 per dwelling unit proposed
These minimums shall not be construed to prohibit the voluntary dedication or
provision of lands by the subdivider in excess of the requirements established by
these Regulations.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 108 of 262
2. Characteristics of Land – The Planner will use the following criteria to judge
whether land to be dedicated or provided is satisfactory for open space and
recreational purposes. These criteria may be adjusted if the Planner determines
that doing so will be in the best public interest.
a. Unity: Land to be dedicated or provided must form a single parcel of land
or else consist of a few large pieces connected by a trail, path, or walkway.
Every attempt should be made to match open spaces and/or recreational
land with similar land on adjoining lots or subdivision.
b. Permitted Uses: Uses of open space may consist of the following:
1. Conservation of natural, archeological or historical resources;
2. Meadows, woodlands, wildlife corridors, game preserves, or
similar conservation-oriented areas;
3. Walking or bicycle trails, provided they are constructed of porous
paving materials;
4. Passive recreation areas;
5. Active recreation areas provided that they are open to the public or
all residents of the subdivision and do not require a fee for use;
6. Agricultural, horticulture, silviculture or pasture uses, provided
that best management practices are used to minimize
environmental impacts;
7. Nonstructural stormwater management practices;
8. Easements for drainage, access, and underground utility lines;
(Easements can lie in the open space but the easements in and of
themselves do not constitute open space.)
9. Other conservation-oriented uses compatible with the purposes of
these Regulations.
c. Conditionally Permitted Areas: The following areas are permitted to be
included in the required area of open space if made part of a greater active
open space (Examples include but are not limited to: Paths, Overlooks,
Gazebos).
1. Retention ponds or basins;
2. Slopes greater than 20% for an area larger than 5,000 sq. ft.
3. Wetlands that meet the definition used by the Army Corps of
Engineers pursuant to the Clean Water Act;
4. Stream bank buffers; (See Sec. 4.60 #1 g)
5. Any identified or determined 100-year Flood Hazard Areas, if
pervious paths are constructed within as pre-approved by the
Planner. (See Sec. 4.72 #6)
d. Size, Shape, and Topography: The land shall be of such minimum
dimensions and maximum slope as to be functionally usable for
recreational purposes.
e. Location: The land to be dedicated or provided shall be convenient to the
dwelling units it is intended to serve. Due to the potential for noise
generation, however, the land shall also be sited with sensitivity to
surrounding development.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 109 of 262
3.
4.
5.
6.
f. Access: Public and maintenance access to the land shall be provided from
adjoining street frontage.
g. Preservation of Natural Beauty: Scenic natural features such as trees,
plant life, watercourses, topography, and views, and any historic or
archeological locations shall be considered and preserved in the provision
of open space, parks, and recreational areas.
Open Space Ownership – The type of ownership of land dedicated or provided for
open space purposes shall be selected by the owner, subdivider, or developer,
subject to the approval of the Planner. Type of ownership may include, but is not
limited to, the following:
a. The local government, subject to acceptance by the governing board of the
local government.
b. Other public jurisdictions or agencies, subject to their acceptance.
c. Quasi-public organizations, subject to their acceptance.
d. Homeowner, condominium, or cooperative associations or organizations
(See Appendix V);
e. Shared, undivided interest by all property owners in the subdivision.
Open Space/Common Area Management Plan – The applicant shall submit a Plan
for approval by the Planner Board in conjunction with the preliminary plan as
required in Section 3.4. This plan shall:
a. Describe what areas are to be used as open space and common areas.
These items must be in accordance with Section 4.72 #2, Item a, b, and c
and must be identified on a separate sheet within the Preliminary Plan.
b. List and identify any areas that are priority areas for water resource
protection, rare species, recreation, buffer areas (natural or landscaped)
and any other areas considered by the applicant as open space.
c. Allocates responsibility and guidelines for the maintenance and operation
of the Open Space and any common facilities located thereon, including
provisions for ongoing maintenance and for long term capital
improvements.
d. Estimates the cost and staffing requirements needed for maintenance and
operation of, and insurance for, the Open Space and outlines the means by
which such funding will be obtained or provided;
e. Provides that any changes to the plan be approved by the Planner; and
provides for enforcement of the plan.
f. Demonstrates how the Open Space or facilities will be maintained by the
applicant prior to their dedication to another entity.
Treatment of Land – Following approval of a preliminary plan which designates
land for open space and recreation, the existing vegetation (except growing
commercial crops other than growing timber), topography, features of historic
value, stream courses, soil, rock strata, and other natural features of such
dedicated or provided land shall not be altered or have their condition adversely
affected in any way without the consent of the Planner.
Improvement of Land – There are two general types of land that meet the open
space requirements of these Regulations:
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 110 of 262
Developed Open Space: The Planner may require the installation of recreational
facilities, taking into consideration:
a. The character of the open space land;
b. The estimated age and the recreation needs of persons likely to reside in
the development;
c. Proximity, nature, and excess capacity of existing recreational facilities;
and
d. The cost of recreational facilities.
e. Walking/Jogging/Bike trials will be encouraged.
Undeveloped Open Space: As a general principle, undeveloped open space
should be left in its natural state. The subdivider may make certain improvements
such as the cutting of trails for walking or jogging, or the provision of picnic
areas, etc. In addition, the Planner may require a subdivider to make other
improvements such as removing dead or diseased trees or grading and seeding.
a. Floodplains will be permitted to be included in the required area of open
space at the Planner’s discretion provided that a trail or similar is included
within the area that meets the following criteria.
 Make use of pervious paving surfaces, pea gravel, mulch, etc.
that are appropriate to the use of the proposed trail.
 The proposed trail does not traverse a slope of greater than 10%
at any point for longer than 25 feet.
 The proposed walkways, bike paths, and/or horse trails follow
the existing contour of the land and so not require grading other
than the ground directly beneath the proposed trail.
 Such walkways, paths, or trails shall be of the following
specified width.
1. Ten (10) feet for horse trails and/or combination horse trails,
bike paths, and walkways.
2. Seven (7) feet for bike paths and/or combination bike path
and walkways.
3. Five (5) feet for walkways.
7. Deed Restrictions – Any lands designated for open space purposes shall contain
appropriate covenants and deed restrictions approved by the Village Planner
ensuring that:
a. The open space will not be further subdivided in the future;
b. The use of open space will continue in perpetuity for the purpose
specified;
c. Appropriate provisions will be made for the maintenance of open space;
and
d. Ownership of the land will revert to a local government or agency, if, in
the opinion of the Planner, open space is not being adequately maintained
for public benefit.
e. Common, undeveloped open space shall not be turned into a commercial
enterprise admitting the general public at a fee or as part of a membership.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 111 of 262
8. Open Space Designations for Phased Subdivisions – The Planner recognizes that
for phased subdivisions, the land most suitable for open space and recreation may
not be accessible in the initial stages of the development. If the open space to be
designated will not be immediately accessible, the subdivider shall pay a fee-inlieu of land dedicated to Village of Johnstown, as each phase of the development
is platted. This fee, calculated as described below, shall be based on the acreage
and number of lots for the phase of the development to be platted. The fee will be
placed in an escrow account and will be returned to the developer once the land to
be provided or dedicated is fully accessible and acceptable.
If the open space will be accessible during the first phase of development, the
subdivider has the option of dedicating or providing the open space for the entire
subdivision, or providing only that portion of the land required for that phase to
be platted.
9. Fencing or landscaping will be required around all open space. This fencing or
landscaping will be used to delineate between what is a personal lot of record and
what is considered to be open space and will typically be sections of fencing or
landscaping located at each lot corner abutting open spaces. Fencing will not be
required along roadways that abut to open space, however sidewalks will need to
be included along the open space frontage if the subdivision is being developed
with sidewalks. If fencing it is used it shall be split rail, 2 or 3-rail construction.
Installing fence posts two feet into the open space from lot corners is encouraged
to delineate property lines. Chain-link fences are prohibited. A landscape plan
will need to be provided and approved by the PZC staff in conjunction with the
construction plan submittal.
Section 4.71
Limitations on Use of Required Land and Fees
Any land and fees received by Village of Johnstown pursuant to this resolution shall be
used only for the purpose of providing park and recreational facilities to serve the area in
which the subdivision concerned is located. Fees paid pursuant to this resolution shall be
deposited in an Open Space and Recreational Fund to be used for the acquisition,
development, and improvement of park and recreational facilities. No part of such fees
shall be used for the purpose of paying salaries, wages, or other general operating
expenses. Fees received may be expended only in connection with development of parks
and recreational facilities in reasonable proximity to the subdivision they are meant to
benefit. Parks and recreational facilities so developed shall continue to be maintained so
long as the subdivision they are meant to benefit remains in use.
Section 4.72
Adjustment to Open Space
Notwithstanding any provision of these Regulations to the contrary, the Planner may in
cases of an unusual or exceptional nature, allow for adjustments in the open space land
dedication and fee-in-lieu regulations and park development fee requirements as
established in and required by the provisions of this resolution. Adjustments may be
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 112 of 262
allowed when, in the opinion of Planner, it has been determined and shown that the
character of the particular subdivision and the park and recreation need generated by and
associated with it sufficiently justify adjustments.
Section 4.8 Condominium, Multi-Family, and Commercial Development
Refer to Codified Ordinance Part Eleven Chapter 1179 for Planned Unit Developments
approval procedures.
Section 4.80
Private Streets
Private streets may be permitted provided they meet the following requirements:
1. The minimum width of the right-of-way and street pavement shall be developed
in accordance with the specifications set forth in these Regulations, or if proposed
a ROW and street design that will not interfere on availability for utilities and
safety of pedestrian and vehicular traffic.
2. The pavement thickness and material used shall be constructed in accordance with
the improvement specifications set forth in the requirements for the design and
construction of roads and streets in major subdivisions.
3. A Home Owners’ Association or other appropriate method is established to
maintain the street system within residential uses (See Appendix V).
Section 4.81
Public Streets
See Section 4.1 for public street detail.
Section 4.82 Design Standards
1.
Drainage Systems - Storm drainage systems and Storm Water Pollution
Prevention, including but not limited to catch basins, pipes, retention/detention
ponds, control structures etc. shall be designed and constructed per the Article 6,
and appurtenant sections of this section of these Regulations.
The storm drainage system, unless otherwise agreed upon by the Planner, shall be
owned and maintained by the owner of the development, homeowners
association, or condominium owners association. The owner/developer is
responsible to maintain the storm drainage system in such a way as to not reduce
the capacity of the system.
2.
Landscaping - All developments shall conform to the buffering requirements
according to Section 4.65. Plans shall be submitted for approval with the
Construction Drawings.
3.
Development Standards - The following design parameters shall apply to all
condominium, multi-family or commercial development. The purpose of these
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 113 of 262
design criteria is to assure the buyers of the units/lots are not receiving an inferior
product, which will lessen the value of the project over time.
a. Sidewalk Standards - Within all Condominium, Multi-family, and Commercial
development, sidewalks shall be constructed in accordance with Section 4.42 of
the Development Regulations and shall be ADA compliant. Sidewalks shall be
provide along the perimeter of the lot along all public and private roads as
specified in Section 4.42, and provide for connections to the interior pedestrian
system. It shall be noted that connections to the interior pedestrian system that
require access through parking areas shall require the separation of the pedestrian
corridors in the parking areas from the parking stalls by landscaped islands.
Additionally, appropriate striping of the pavement where the sidewalk crosses the
traffic isles shall be required. Where sidewalks are proposed adjacent to parking
stalls there shall be provided a physical barrier (curb or concrete wheel stop) to
prevent vehicles from parking upon the sidewalk. Additionally, there shall be a
minimum of four feet from the back edge of the curb or wheel stop to the edge of
the sidewalk to allow for vehicular overhang. This 4 foot area may be landscaped
or grass.
b. Driveway Composition - The entrance drives within the Village right-of-way shall
be constructed from the existing edge of pavement to the right-of-way line. Once
the driveway is on private property the Developer may lessen the pavement
composition, however shall not provide less than the following:




Item 448 – 1 ¼ ” Asphalt Concrete Surface Course Type 1, PG6422
Item 448 – 1 ½ ” Asphalt Concrete Intermediate Course, Type 2,
PG64-22
Item 304 – 6” Aggregate Base
Item 204 – Subgrade Compaction
c. Major Access Driveway Design and Width - Each project shall contain a Major
Access Drive designed to allow a continuous flow for emergency vehicles to
access the development throughout. If the topography prohibits a loop design then
a cul-de-sac shall be placed at the end of the roadway. The Major Access Drive
shall be no less than 24 feet of asphalt surface if no curb and gutter is used or 28
feet of asphalt surface with curb and gutter. All turnout radii at intersections shall
be a minimum of 35 feet. If a cul-de-sac is necessary then the outer radius shall be
no less than 50 feet with an inner radius of 20 feet.
d. Minor Access Driveway Design - Minor Access Drives are defined as those
drives serving more than 4 units and are not part of the major access drive loop.
The minimum width for a Minor Access Drive is 20 feet of asphalt surface if no
curb and gutter is used or 24 feet if curb and gutter is used.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 114 of 262
e. Driveway Design -Driveways are defined as those drives serving 4 units or less.
These drives must have a minimum width of 16 feet.
f. Pavement Cross-Section - Inverted crowns are permitted within the development
but must be designed to have a minimum profile grade slope of 1.50% with a
cross section pavement slope of not less than 2.00%. Crowned roadways with
curb and gutter shall have a minimum profile slope design of 1.00%. All drives
shall have a maximum slope of 12%.
4.
Traffic Study - The Developer shall supply the Planning Commission with a
traffic study addressing the impact the development will have onto the roadways.
The study shall address not only the new intersection but also the impacts
incurred onto the next major existing intersections each direction from the
development. The study shall also address site distance at the connection
intersection for both through and turning traffic. The cost for these improvements
shall be bore by the developer.
Chapter 5311 of the Ohio Revised Code provides for the recording of ownership of
condominiums. Condominium ownership does not excuse compliance with this section
and any applicable section of these Regulations.
Section 4.83 Water & Sewer
Water and sewer service shall be provided in accordance with these Regulations. Any
development must meet the Ohio Environmental Protection Agency (OEPA) Regulations,
Village of Johnstown Water & Wastewater Department Regulations, and/or the Licking
County Health Department Regulations.
Section 4.84 Parking Spaces in AR District
All tracts having a zoning classification of AR-1 or AR-2 shall be provided with at least
two off-street parking spaces for each apartment unit. The minimum area for each
parking space shall be 200 square feet and the pavement surface shall be portland cement
concrete or asphalt concrete.
Section 4.85 Drainage in AR Districts
All tracts having a zoning classification of AR-1 or AR-2 shall be located on a well
drained site, properly graded to insure rapid drainage. All drainage for buildings and the
site are subject to the provisions and conditions approved by the Village Engineer and
Manager, so long as the same will not adversely affect adjacent property owners and/or
premises owned by the Village and dedicated for public use, or any drainage facilities
that are not to be dedicated to the Village for public use.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 115 of 262
Section 4.86 Underground Telephone, Electric, and other Lines in AR Districts
All telephone, electrical and other distribution lines in tracts having a zoning
classification of AR-1 or AR-2 and having private roadways, shall be installed in
underground conduits. No overhead lines shall be permitted. All service, utility and fire
hydrant placements shall be approved by the Village Engineer and Manager and shall
comply with Village standards.
Section 4.87 Village May Require other Improvements
Other improvements not listed in Sections 4.8 inclusive, but deemed necessary by the
Village for the protection of public health, safety or welfare, shall be installed by the
developer of a tract.
Section 4.88 Deposit Required with Improvement Plan
A plot, grading and utility plan shall be submitted to the Manager reflecting all
improvements as set forth in Sections 4.8, inclusive. The plans shall be approved by the
Village Engineer and the Manager.
The owner or developer shall, prior to review of the plans and construction, deposit with
the Village a sum of money as prescribed by the Manager to defray the cost of
engineering and inspection services to be provided, and any expense incurred by the
Village due to review of the plans and installation of the improvements. Should the
amount of such deposit be insufficient to pay the cost thereof, the owner or developer
shall immediately, upon demand, deposit such additional sums as are estimated by the
Manager to be necessary. Upon satisfactory completion of the improvement any
unexpended balance remaining from such deposits shall be refunded.
Section 4.89 Compliance Required to Obtain Building Permit or Occupancy
Certificate
If any violation of, or noncompliance, with any of the provisions and stipulations as set
forth in Sections 4.8 occurs, the Village shall withhold the issuance of the building permit
and/or occupancy certificate until the violation or noncompliance is corrected.
Section 4.810 Service Roads
(a)
Service Roads Authorized. When it is determined by the Village Engineer that
the roadways provided in the Subdivision Regulations are not satisfactory for the needs
of special circumstances; additional roadways, designated "service roads", may be
prescribed by the Village Engineer. These service roads shall be shown on the plat of a
subdivision in such locations as are determined by the Village Engineer, subject to plat
approval, as provided by the Subdivision Regulations.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 116 of 262
(b)
Service Road Right of Way. When it is determined that service roads may be
included in a subdivision plat, the right-of-way for the road shall be no less than thirtytwo feet in width and shall be dedicated to public use in the same manner as prescribed in
the Subdivision Regulations for all other public roads.
(c)
Service Road Specifications. Service roads shall be constructed of materials and
to design section as shown on the revised standard construction of materials, drawing File
R-23A as presently constituted and as hereafter amended on file with the Village
Engineer and Manager.
Section 4.811 Street Lighting
The Manager shall cause specifications for street lighting to be prepared and designed in
accordance with the standards set forth in Sections 4.8
Section 4.812 Design and Layout
The design and layout for the street lighting, the underground wiring and other pertinent
equipment to be used shall be designed by a registered professional engineer, licensed to
practice engineering in the State of Ohio and approved by the Village Engineer.
(a)
All energy lines leading to the light standard shall be underground in new
redeveloped subdivisions.
(b)
All street lighting designs are to be coordinated with the supplier of electric
energy. Two drawings for each street lighting layout shall be submitted to the supplier of
electric energy for record purposes.
(c)
Street lights are to be installed with not less than 160 feet spacing nor more than
240 feet spacing.
(d)
The drawings are specification sheets for street light standards, luminaries,
mercury vapor lamps and pedestal termination points and will be available at the
Manager’s office.
(e)
All connections to supplier of electric energy secondary service locations shall be
made by supplier.
Section 4.813 Lights to be Installed
Any person, firm or corporation desiring final acceptance of a street, shall, before final
acceptance is granted, have the street lights installed and ready for use.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 117 of 262
Section 4.814 Maintenance of Lighting is Responsibility of Home Owners
Association
It shall be the responsibility of the Village to secure the energy for lighting and to
maintain the installations.
Section 4.815 Damages to Distribution System
Any contractor or agent for the developer, while in the process of installing street lights,
who damages the distribution system of an electric energy supplier shall be liable for
such damages and for any other cost as a result of such damages, and the energy supplier
may charge and receive payment for such damages from the party responsible.
Section 4.816 Completion Bond Required
If conditions are such that street lights cannot be installed prior to the acceptance of the
streets upon which the street lights are to be installed as required in Section 4.813, the
person, firm or corporation requesting acceptance of such streets shall deposit with the
Director of Finance an amount of cash or a performance bond in form satisfactory to the
Law Director, equal to one and one-half times the estimated cost of the installation of
street lights as security for the installation of such lights, which installation shall be
completed within six months of the date of deposit of such funds or bond. Failure on the
part of such person, firm or corporation to complete the installation within six months
shall be cause for the Manager to order installation by such other contractor as he may
choose and cause the cost of installation to be paid from the funds or bonds so deposited.
That portion of such funds not used for the installation shall be returned to the depositor
at the completion and acceptance by the Village of the street lighting installation.
Section 4.817 Easement for Energy Lines to Light Standards
The developer shall provide the necessary easements for street lighting. The Village
Engineer will coordinate with the developer, where necessary, the easement leading to
the electric lighting standard so that lighting may be properly spaced.
Section 4.9 Landscaping
1. Reasonable landscaping should be provided at subdivision and site entrances, in
public areas, and adjacent to buildings. The type and amount of landscaping
required shall be allowed to vary with the type of development. Landscaping
improvements shall not be constructed in the right-of-way, either existing or to be
dedicated.
2. The plant or other landscaping material that best serves the intended function shall
be selected. Landscaping materials shall be appropriate for the local environment,
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 118 of 262
soil conditions, availability of water, and should not cause interference with any
above or belowground utilities, or safe sight distance visibility.
Section 4.90
Street Frontage Trees
1. Street frontage trees shall be included in all developments that are served by
centralized water and sewer systems to provide shade along roads; enhance the
natural beauty of the landscape and support property values.
Developers/subdividers of Major Subdivisions shall plant street frontage trees as
required herein. For every 50 feet of lot frontage, one large tree (minimum 2 ½
caliper) shall be planted by the developer/subdivider. The appropriate time for
planting trees is from March 1 to May 31 and from September 1 to December 1.
2. Trees shall be dedicated to the property owner of the lot upon which such tree is
located. Trees shall be planted according to a Landscape and Street Tree Plan that
is submitted as required herein. Street frontage trees shall not be planted closer
than 20 feet to a residential driveway, 10 feet to a fire hydrant, 25 feet to an
overhead utility pole or overhead line.
3. Final Plats shall include language stating the following:
That persons owning property on which a street frontage tree is located as
required to prune or cause to pruned such trees in such a manner that the trees
will not obstruct or shade street lights, obstruct the passage of pedestrians on
sidewalks, obstruct vision of traffic signs, obstruct view of any street intersection
or generally obstruct vehicular traffic.
4. The Village Planning Commission shall maintain a list of acceptable street
frontage tree plantings (See Appendix XXXI) and recommended installation
guidelines. The following trees are prohibited:
1. Acer negundo (Box Elder).
2. Acer saccharinum (Silver Maple).
3. Aesculus hippocastanum species (Horsechestnut).
4. Ailanthus attissima (Tree of Heaven).
5. Catalpa speciosa (Northern Catalpa).
6. Ginkgo bilboa (Ginko - female).
7. Maclura pomifera (Osage - orange).
8. Morus species (Mulberry).
9. Populus species (Poplar).
10. Pyrus calleryana "Bradford" (Bradford Pear).
11. Robinia pseudoacacia (Black Locust).
12. Salix species (Willow).
13. Ulmus amercana "Moline" (Moline American Elm).
14. Ulmus pumila (Siberian Elm).
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 119 of 262
5. Proposed street frontage trees as required shall be shown on the Landscape and
Street Tree Plan of the Preliminary Plan and Final Plat. The tree lawn and spacing
shall meet the requirements of the Village Planning Commission. A design detail
shall also be shown on the Preliminary Plan and Final Plat indicating the
landscape design for the street frontage tree lawn, including species, planting
location and planting instructions.
6. All Street Trees must be planted on the back side (side closest to structure) of the
sidewalk.
Section 4.91
Street and Walkway Lighting
1. The subdivider shall install streetlight, with consultation provided by the local
electric utility company, in each residential subdivision, which contains a majority
of lots with an individual lot width of one hundred (100) feet or less at the front
property line. Such lights shall be located at each street intersection and
crosswalks within the subdivision and at other locations deemed necessary for
safety purposes by the Planner. All walkways constructed in tracts having a
zoning classification of AR-1, shall be illuminated. Potentially hazardous
locations, such as steps or stepped ramps, shall be individually illuminated.
Streetlights shall be designed, with appropriate lamps and reflectors, to minimize
light pollution.
2. Fully shielded fixtures are technically or photometrically defined as lights that
emit no light above the horizontal plane, but in practice such fixtures are usually
easily recognizable from catalog drawings or pictures without requiring or
interpreting photometric specifications. Such fixtures almost always have a flat,
horizontally oriented lens and opaque (usually metal) sides. They are often
described as "shoe box" luminaries if the luminary has a predominantly
rectangular form, but they come in many shapes and sizes.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 120 of 262
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 121 of 262
ARTICLE 5: RULES AND REQUIREMENTS FOR CONSTRUCTION OF
IMPROVEMENTS
Section 5.0: Title
This Article shall be cited as the Village of Johnstown Rules and Requirement for
Construction of Improvements. This Article and the regulations herein shall also be
incorporated into and be hereinafter know as Article 5: RULES AND REQUIREMENTS
FOR CONSTRUCTION OF IMPROVEMENTS of the Development Regulations.
Section 5.00 Statutory Authorization; Delegation
This Article is adopted by the Village Council in accordance with and pursuant to the
legal grant of authority of the Ohio Revised Code, Section 711.101, to adopt rules
regarding the construction of improvements. The Village Planner (Planner) and its staff,
is herein delegated the authority on behalf of the Village Council to administer and
enforce the provisions of this Article, with technical assistance from the Village Engineer
(VE). And pursuant to the authority of Chapter 711 of the Ohio Revised Code, is Article
5 is being adopted and incorporated in the Village of Johnstown Development
Regulations as it pertains to the subdivision/development of land in Village of
Johnstown.
Section 5.01 Purpose
This Article is adopted for the purpose of setting standards and requiring and securing
improvements shown on plat and plans required by section 711.10 of the Ohio Revised
Code and will promote and maintain the health, safety and general well being of all life
and inhabitants with Village of Johnstown.
Section 5.02 Scope
This Article shall apply to all proposed subdivisions/developments within the jurisdiction
of the Development Regulations unless otherwise excluded within this Article or unless
expressly excluded by law.
Section 5.03 Disclaimer of Liability
Neither submission of a plan under provisions of this Article nor compliance with
provisions of this Article shall relieve any person from responsibility for damage to any
person or property otherwise imposed by law, nor impose any liability upon Village of
Johnstown for damage to any person or property.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 122 of 262
Section 5.04 Requirements
No proposed subdivision/development shall be approved, except in compliance with the
standards and criteria set forth in this Article. The owner/developer shall comply with
any and all State and Federal regulations and must obtain any required State and Federal
permits.
Section 5.1 Guarantee for Installation of Improvements
All improvements required herein shall be constructed prior to the granting of the Final
Plat approval by the Planner; or the owner/developer shall furnish the Village Council
with a performance bond or other acceptable guarantee as more fully described in Article
7 of the Development Regulations. The owner of land who desires to subdivide it shall
provide and pay the entire cost of improvements to such land as follows:
1. Before the construction of any building, street improvements shall consist of
grading the right of way for full width; construction of permanent curbing and
roadway and construction of drainage structures and appurtenances. Two roof
drain openings shall be provided in the curb for each lot;
2. Sanitary sewers, including manholes and pump stations, services and all
appurtenances;
3 Water distribution system, including mains, services, valves, fire hydrants,
elevated storage tanks and all appurtenances;
4. Sidewalks on both sides of a street in any subdivision, plus curbs and sidewalks
on existing streets if feasible;
5. Storm sewers, including manholes, inlets and all appurtenances;
6. Driveways paved with concrete or asphalt.
Section 5.10
Construction Procedure and Materials
The owner/developer shall design and construct improvements not less than the standards
outlined in the Development Regulations. The minimum requirements for materials shall
be in accordance with the standards of the current volume of “Construction and Material
Specifications” of the City of Columbus (CMS), the State of Ohio Department of
Transportation (ODOT), the current requirements of the Ohio Department of Health
(ODH) and Ohio Environmental Protection Agency (OEPA), and the current standards in
the Ohio Department of Natural Resources’ (ODNR) Rainwater and Land Development
Manual, as amended from time to time. All required improvements shall be inspected in
accordance with of the Development Regulations.
Section 5.11
Monuments, Markers, and Pins
Permanent markers shall be set according to the provisions of Section 711.03 of the Ohio
Revised Code. The owner/developer shall direct the surveyor to place and set at least
four permanent markers tied to Licking County Monumentation in each plat of ten lots or
less and in plats having more than ten lots as many additional markers as the surveyor
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 123 of 262
deems necessary to properly control his original survey. The surveyor shall place
additional permanent markers in accordance with Section 711.03 of the Ohio Revised
Code, or with the approval of the VE. At least one permanent benchmark or control point
tied to the Licking County Monumentation (GIS Coordinates) must be placed in the area
of the floodplain. The control point must be in State Plane Coordinates.
Section 5.2 Streets, Roadways
Inspection by the Village Engineer shall be required of all street improvements after the
surface of the sub-grade has been prepared, shaped, and compacted to the approximate
cross section grade, but before any pavement, base, or sub-base material is placed
thereon. When the owner/developer or contractor receives notice of inspection approval,
then the application of the base course may occur, provided that such application is
inspected by the VE while it is being accomplished.
Streets shall be graded, surfaced, and improved to the profiles and dimensions shown on
plans, profiles, and cross sections submitted by the owner/developer and approved by the
VE. There shall be a roadway crown of 3/16 of an inch per foot from the centerline of
the road to the shoulder. There shall be a shoulder slope of one inch per foot of shoulder.
Section 5.20
Pavement Design for All Roadways
Owner/developers may choose among alternative pavement design for streets in
accordance with the following guidelines. The construction materials referred to herein
are described in the Construction and Materials Specification Handbook, published by
the Ohio Department of Transportation (ODOT), which describes proscribes both
composition and construction methods to be used for each material. The design concept
is based upon the publication Pavement Design Guide for Streets and Parking,
distributed by the Ohio Aggregates Association and Flexible Pavements, Inc.
The use of the ODOT design procedure provides a structural number (SN) for a pavement
structure that is sufficient to carry the anticipated traffic for the soil type found at the
construction site. Coefficients for paving materials, along with various combinations of
materials and thickness, will yield different designs, which satisfy the SN requirement.
The owner/developer can then compare an alternate designs to determine the most
economical to construct.
Section 5.21
Street Name Signs, Traffic Signs, and Street Naming
All necessary street name signs, traffic control devices, signs and pavement markings
shall be shown in the “Final Construction Plans”. The street name signs shall be installed
prior to the opening of any street to traffic. Street name signs, and all required traffic
signs (including but not limited to: STOP, SPEED LIMIT, STOP AHEAD), shall be
erected by the owner/developer its sole cost and expense. Signs shall meet standards set
forth within the Ohio Manual of Uniform Traffic Control Devices (OMUTCD). With
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 124 of 262
prior written approval from the Village, the owner/developer may have signs erected by
the Village, however, the total cost will be charged to the owner/developer. To avoid
duplication and confusion, the developer/owner shall obtain written approval from the
Planner and Village Engineer staff of the proposed names of all streets prior to such
names being assigned or used. Once platted, the approved shall be used as the official
street names. See Section 4.31 of the Village Development Regulations.
Temporary Street Signs shall be posted during construction of the site that allows for
passable traffic once the street base has been established. Temporary street name signs
shall consist of lettering on a contrasting background and shall be posted at least four feet
off the ground and visible from all directions on the street. Temporary street signs shall
be erected at all intersections with existing and new streets and shall be maintained until
replaced with the approved permanent street signs.
Section 5.3 Water Supply
Section 5.30
Public Water Supply
The following requirements shall govern water supply improvements:
1. Public Water Supply: Public water supply shall be provided, the proposed
subdivision/development shall not be approved until such time as the
owner/developer have submitted and the appropriate authority has
subdivision/development will be provided with an approved complete water
distribution system. The water distribution system shall include a connection for
each lot to the system and appropriately spaced fire hydrants the requirement of
which are more fully set forth in Section 5.31 of the Development Regulations.
Section 5.31
Fire Protection
Fire hydrants with 2-½ inch threaded outlets and one large diameter Storz connection
shall be provided by the owner/developer in all subdivisions/developments with public
water supplies. The hydrants should be located between property lines and curbs with all
outlets facing or parallel to the street. Hydrants shall be placed at the corners of all blocks
and at mid-block with distance between hydrants not to exceed 500 feet and at a
minimum. Hydrants shall also be required at the entrance and end of all cul-de-sacs.
Where a water and sewer district has authority over the public water supplies, the
owner/developer shall comply with the water and sewer district’s regulations for fire
hydrants and shall obtain prior approval from that district.
The type of hydrant, size of Storz connection, and control valves as well as the location
of the hydrant shall be approved by the fire department having jurisdiction. The
minimum size of any waterline serving any single hydrant shall not be less than six (6)
inches in diameter and shall be a looped water line. If the same line serves two or more
hydrants, the diameter of the line must be increased to eight (8) inches. No fire hydrant
shall be more then 400 feet from the furthest point of the first floor.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 125 of 262
Where public water systems are not available and where a natural pond is available or
where a retention or detention pond is being proposed, the owner/developer shall
construct a Dry or Draughting Hydrants if requested by the fire department having
jurisdiction. These hydrants will be designed as set forth by the National Fire Protection
Association (NFPA). The specifications, available from the Planner, are detailed in the
publication Planning for Water Supply and Distribution, developed by the National Wild
land/ Urban Interference Initiative.
Section 5.4 Sanitary Sewer Improvements
Section 5.40
Public Sanitary Sewer System
Where an adequate public sanitary sewer system is reasonably accessible and is served by
a treatment plant with sufficient capacity, in the determination of the Planner, a public
sanitary sewer system shall be installed to adequately serve all lots within the
subdivision/development and shall include lateral connections to the public system.
Public sanitary sewer system extensions shall meet the requirements of OEPA,
VJWWSD and/or other authority, which would own and operate the system.
Combinations or interconnection of sanitary sewers and storm sewers shall be strictly
prohibited.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 126 of 262
Section 5.5 Drainage Improvements
The owner/developer shall design and construct all necessary facilities including
underground pipes, inlets, catch basins, and/or open drainage ditches, as required by
Articles 4 and 6, of the Development Regulations to provide for the adequate disposal of
surface and/or subsurface water and maintenance of natural drainage courses.
Section 5.50
Culverts and Bridges
Where natural or man-made drainage channels intersect any street right-of-way, it shall
be the responsibility of the owner/developer to have bridges and/or culverts designed,
approved, and constructed. Where culverts are required, minimum requirements shall be
observed as follows: all roadway conveyances shall be approved by the VE and designed
to handle a minimum of a 100-year storm. For flood routing purposes, a variance may be
granted allowing a road to be overtopped by the 100-year flood to an elevation not to
exceed 2 inches.
Residential driveway culverts shall have a minimum length of 30 feet, and a minimum
diameter of 12 inches. The driveway culvert shall be laid so as to maintain the flow lines
of the ditch or gutter, and shall be non-crushable or have adequate headwalls installed.
All subdivisions/developments shall have a minimum culvert size for all driveways
crossing any drainage ditches according to the calculations of Article 6 of the
Development Regulations. The owner/developer shall be required to include these
minimum culvert sizes in the deed restrictions for the subdivision/development.
Section 5.6 Over-Size and Off-Site Improvements
At the request of other governmental agencies, public sanitary sewer systems, public
water systems, or other public improvements. The utilities, pavements, and other land
improvements required for the proposed subdivision/development shall be designed oversized and/or with extensions provided to serve adjacent developable land which is, or
may become, an integral part of the adjacent service or drainage area as determined by
the Planner, VE, VJWWSD, and any public utility provider.
Section 5.60
Cost of Over-Size Improvements
The owner/developer shall be required to pay for only that part of the design, approval
and construction costs for the, sewers, water lines, and other required improvements that
will serve the proposed subdivision/development as determined by Planner, VE,
VJWWSD or other applicable entity. The apportionment of the cost of the required
improvements for the proposed subdivision/development and those improvements
required to serve the adjacent service areas are specified in Section 5.6.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 127 of 262
Section 5.61
Off-Site Extensions
If streets, utilities, or other required improvements are not available at the boundary of a
proposed subdivision/development, and if the Planner finds that extension across
undeveloped areas would not be warranted as a special assessment to the intervening
properties or as a Village expense until some future time, the owner/developer may be
required, prior to approval of the Final Plat, to provide necessary easements or rights-ofway and construct and pay for such extensions. Such improvements shall be available for
later connection by any owner/developer of the adjoining land after their development is
approved through the major subdivision/development process.
Section 5.7 Inspections; Enforcement
1. All construction work and materials used in connection with public improvements
in the area platted shall conform to requirements of the Village Engineer and
Village specifications and be installed under their supervision. The construction
of all improvements shall be inspected by the Village Engineer at the time of
installation. Under no circumstances are such installations to be made without an
inspector on the job. The Village Engineer and Manager shall be notified three
days before any construction work is begun.
2. All inspections of the required improvements of this Article shall be done in
accordance with the Development Regulations.
2. If it is determined that a violation of this Article 5 of the Development Regulations
exists, the owner/developer will be notified of the deficiencies or noncompliance.
After a reasonable time for voluntary compliance, the inspector or inspecting
agency shall report the deficiency or noncompliance to the Planner. The Planner
upon determination that a development does not comply with Article 5 of the
Development Regulations may pursue an enforcement action and impose penalties
as outlined in Section 711.02 of the Ohio Revised Code against the
owner/developer.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 128 of 262
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 129 of 262
ARTICLE 6: URBAN SOIL & SEDIMENT POLLUTION CONTROL &
STORMWATER MANAGEMENT
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 130 of 262
Section 6.0 Title
This Article shall be cited as the Village of Johnstown Urban Soil and Sediment Pollution
Control & Storm Water Management Regulations. This Article and the regulations
herein shall also be incorporated into and be hereinafter know as Article 6: URBAN
SOIL & SEDIMENT POLLUTION CONTROL & STORMWATER MANAGEMENT
of the Development Regulations.
Section 6.00 Statutory Authorization; Delegation
This Article is adopted by the Village Council in accordance with and pursuant to the
legal grant of authority of the Ohio Revised Code, Section 307.79, to adopt rules to abate
soil erosion and water pollution sediment. The Village Planner (Planner) and its staff, is
herein delegated the authority on behalf of the Village Council to administer and enforce
the provisions of this Article, with technical assistance from the Licking County Soil and
Water Conservation District (LCSWCD) and the Village Engineer’s Office (VE). And
pursuant to the authority of Chapter 711 of the Ohio Revised Code, is Article 6 is being
adopted and incorporated in the Village of Johnstown Development Regulations as it
pertains to the subdivision/development of land in Village of Johnstown.
Section 6.01 Purpose
This Article is adopted for the purpose of controlling the pollution of public waters by
sediment from accelerated soil erosion and accelerated storm water runoff caused by
earth-disturbing activities and land use changes connected with developing urban areas.
Control of such pollution will promote and maintain the health, safety and general well
being of all life and inhabitants with Village of Johnstown.
Section 6.02 Scope
This Article shall apply to all proposed subdivisions/developments within the jurisdiction
of the Development Regulations unless otherwise excluded within this Article or unless
expressly excluded by law.
Section 6.03 Disclaimer of Liability
Neither submission of a plan under provisions of this Article nor compliance with
provisions of this Article shall relieve any person from responsibility for damage to any
person or property otherwise imposed by law, nor impose any liability upon Village of
Johnstown for damage to any person or property.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 131 of 262
Section 6.04 Requirements
No proposed subdivision/development shall be approved, except in compliance with the
standards and criteria set forth in this Article. The owner/developer shall comply with
any and all State and Federal regulations and must obtain any required State and Federal
permits.
Section 6.05 Exceptions for Public Improvements
No sediment control plan shall be required for public road, highway, other transportation,
or drainage improvement, or maintenance thereof, undertaken by a government agency or
entity if such agency or entity plans to follow a statement of sediment control policy.
Government agencies are not exempt from a NPDES Phase II permit, O.E.P.A. permits,
or any other permits from appropriate authorities.
Section 6.06 Standards and Criteria
In addition to compliance with any and all State and Federal regulations, strict
compliance with the following standards and criteria shall be required of in all proposed
subdivisions/developments:
1.
All base mapping and topographic information shall be prepared from
field survey methods or other approved sources of information. This
information shall be used for design of infrastructure. Use of Licking
County GIS Topographic information is prohibited.
2. Sheet and Rill Erosion- To control pollution of public waters by soil
sediment from accelerated sheet and rill erosion on development areas,
the owner/developer shall:
a. Apply and maintain a level of conservation practices that
will minimize any on and off site erosion. Follow
standards and guidelines found in the handbook, Rainwater
and Land Development, and amendments thereto and any
standards and criteria recommended by the LCSWCD.
b. Other methods to control sediment pollution may be used
provided these methods are acceptable to the Planner, VE,
LCSWCD, and the Ohio Environmental Protection Agency
(OEPA).
c. Assume full build-out of all upstream areas at the highest
housing density allowed by the Village.
2. Concentrated Water Erosion- To control pollution of public waters
by soil sediment from accelerated erosion in drainage ways and
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 132 of 262
grassed waterways and in streams and ditches disturbed or
modified in conjunction with the development process, the
owner/developer shall:
a. Design, construct, and maintain concentrated water flow
channels such that the velocity of flow does not exceed the
permissible velocities listed in the Table of Permissible
Velocities for Flowing Water; or, (See Table 12 below and
Appendix XXIV of the Development Regulations)
b. Design, construct, and maintain sediment basins sized in
accordance with the handbook, Rainwater and Land
Development and any amendments thereto and any
recommendations, standards, and criteria of the LCSWCD,
or
c. Other methods to control concentrated water erosion may
be used if acceptable to the Planner, VE, and the
LCSWCD.
3. Sloughing, Land sliding, and Dumping- To control sediment
pollution of public waters caused by sloughing, land sliding, and
dumping of earth material, or placing of earth material into such
proximity that it may readily slough, slide, or erode into public
waters by natural forces. Any existing areas susceptible to
sloughing or land sliding shall be stabilized and/or repaired, and no
owner/developer shall:
a. Dump or place earth material into public waters or into
such proximity that it may readily slough, slide, or erode
into public waters unless such dumping or placing is
authorized by the Planner for such purposes as, but not
limited to, constructing bridges, culverts, erosion control
structures and other in-stream or channel bank
improvement works; or,
b. Grade, excavate, fill, or impose a load upon any soil or
slope known to be prone to slipping or land sliding, thereby
causing it to become unstable, unless qualified engineering
assistance has been employed to explore the stability
problems and make recommendations to correct, eliminate,
or adequately address the problems. Grading, excavating,
filling, or construction shall commence only after the
Planner, VE, and LCSWCD has reviewed and approved
such activities in accordance with the approved
recommendations.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 133 of 262
4. Stream Channel Erosion, Flood Plain Erosion, and Storm Water
Management- To control pollution of public waters by soil
sediment from accelerated stream channel erosion and to control
flood plain erosion caused by accelerated storm water runoff and to
minimize flooding from development areas, the developer/owner
shall control the increased peak rates and volumes of runoff such
that:
a. The peak rate of runoff from the critical storm and all more
frequent storms occurring on the development area does not
exceed the peak rate of runoff from a one-year frequency,
24-hour storm occurring on the same area under predevelopment conditions.
b.
Storms of less frequent occurrence (longer return periods) than the
critical storm up to the 100-year storm have peak runoff rates no
longer than the peak runoff rates from equivalent size storms under
pre-development conditions. Consideration of the 1, 2, 5, 10, 25,
50, and 100 year storm will be considered adequate to designing
and developing to meet this standard. (See Table 11 & Appendix
XXI of the Development Regulations).
c.
The values set forth in Table 11: 24-Hour Critical Storm shall be
utilized:
Table 11: 24-Hour Critical Storm
If the percentage of increase in
runoff is:
Equal to or
And Less Than:
10
10
20
20
50
50
100
100
250
250
500
500
-
The critical storm for discharge
limitation will be:
1 year
2 years
5 years
10 years
25 years
50 years
100 years
d. The critical storm for a specific development area is determined as
follows: Determine by appropriate hydrologic methods the total volume
of runoff from a one-year frequency, 24-hour storm occurring on the
development area before and after development (see Table 11). Using this
total volume of runoff), determine the percent increase in volume of runoff
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 134 of 262
due to development and using this percentage, select the 24-hour critical
storm from this table (see Table 11).
e.
The “Peak Discharge Method” of calculating peak rate and total
volume of runoff as described in the Natural Resources Conservation
Service’s Urban Hydrology for Small Watersheds, Technical Release #55,
is well suited to provide the information necessary to comply with this
standard. Technical Release #55 is available from the Natural Resources
Conservation Service. Methods for controlling increases in storm water
runoff peaks and volumes may include, but are not limited to:
1) Retarding flow velocities by increasing friction, for example,
grassed road ditches rather than paved street gutters where
practical (low density development areas, access roads, etc.);
discharging roof water to vegetated areas; or grass and rock lined
drainage channels.
2) Grading and construction of terraces and diversions to slow runoff
and use of grade control structures to provide a level of control in
flow paths and stream gradients.
3) Inducted infiltration of increased storm water runoff into the soil
where practical, for example, constructing special infiltration areas
where soils are suitable; retaining topsoil for all areas to be revegetated; or providing good infiltration areas with proper
emergency overflow facilities.
4) Provisions for detention and retention, for example, permanent
ponds and lakes with storm water basins provided with proper
drainage; multiple use areas for storm water detention and
recreation, wildlife, transportation, fire protection, or aesthetics; or
subsurface storage areas. Any designed pond shall be a retention
pond.
5.
Off-Site Abatement Control Facilities:
Any and all exceptions to
requiring permanent control of accelerated runoff and/or soil loss on the
development site in all cases shall be considered and approved by the
Planner provided the owner/developer can definitively establish that:
a) Performance objectives and standards of this Article for runoff control
and sediment abatement can be best achieved by installations of offsite abatement control facilities.
b) Accelerated and/or sediment runoff from the development site can be
conveyed to off-site abatement control facilities in a manner, which
satisfies or surpasses performance objectives of this Article.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 135 of 262
6.
Drainage Field Ditches: Owner/developer may utilize drainage field
ditches, provided they are shallow graded ditches with flat side slopes,
which do not interfere with tillage operations, having side slopes that shall
not exceed a range from 8:1 to 15:1, and maximum velocities that shall be
limited to 2.5 feet/second unless on-site studies show that higher velocities
will not result in erosive conditions. The purpose of developer/owner’s
use of drainage field ditches shall be limited to collecting water from
depressional or nearly flat areas within a field and remove it to a stable
outlet.
7.
Maximum Velocities for Stream Channels
a) Drainage Areas Less Than One Square Mile. The maximum
permissible design velocity shall be based on site conditions and shall
be such as to result in stability of the ditch bottoms and side slopes.
Maximum permissible velocities will be computed using bank-full
stage or ten-year frequency stage whichever is lower. Table 12 below
sets forth the maximum velocity for all drainage main or lateral design
in sub critical flow. Vegetation will be established immediately after
construction.
b) Drainage Areas Greater Than One Square Mile Channel velocities for
newly constructed channels with drainage areas in excess of one
square mile shall meet special stability requirements contained in
Natural Resources Conservation Service, Technical Release 25,
Planning and Design of Open Channels.
c) Any design exceeding the permissible velocities set forth in Table 12
or having a critical flow shall be designed using rock or other suitable
erosion resistant material.
Table 12: Maximum Velocities
SUBSOIL TEXTURE
Sand and Sandy Loam (non-colloidal)
Silt Loam (also high lime clay)
Sandy Clay Loam
Clay Loam
Stiff Clay, Fine Gravel, and Graded Loam to Gravel
Graded Silt to Cobbles (colloidal)
Shale, Hardpan, Coarse Gravel
8.
PERMISSIBLE VELOCITY4
(Ft. Per Second)
2.5
3.0
3.5
4.0
4.0
4.0
4.0
Ownership and Maintenance of Drainage Facilities
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 136 of 262
a) The owner and/or developer of the proposed subdivision/development
shall follow the maintenance procedure outlined in Chapter 6137 of
the Ohio Revised Code.
b) The location, construction, ownership and maintenance of the
detention or retention facility, whether public or private, shall be
approved prior to applying for the final subdivision plat and the
acceptance of the application by the Planner. Chapter 6131 of the Ohio
Revised Code outlines the permitted method of providing
maintenance.
c) The owner/developer shall petition the Village Council for
maintenance of the storm water management system and facilities of
the proposed development.
d) Prior to the final approval of the subdivision/development, the Village
Council will not sign the plat until the petition for maintenance has
been filed and approved. As-Built plans must be certified by a
Professional Engineer or Professional Surveyor and must accompany
the petition for maintenance. An outline of the procedure for this
petition process is contained in the Appendix VIII of the Development
Regulations supplement to these standards.
9.
Any retention ponds shall be designed to Natural Resource Conservation
Service (NRCS) and State of Ohio specifications for dams and ponds.
10.
Guarantees for Completion of Work - All required improvement
guarantees shall be in accordance with Article 7 of the Development
Regulations.
Section 6.1 Site Development Planning Procedures
Section 6.10 Required Information:
Any person seeking approval of a subdivision/development shall:
1.
Provide mapped information about the location and vicinity of proposed
development site.
2.
Furnish three types of information and maps (as are more specifically
defined in Section 6.11) about the proposed development site:
a. An existing characteristics inventory;
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 137 of 262
b. A predevelopment conditions assessment; and,
c. A development plan evaluation.
3.
Request an optional pre-submission conference and development site
inspection from Planner, VE and LCSWCD to gain assistance in
submitting the required site planning information.
4.
Provide four (4) copies of the above-required information.
Section 6.11 Information Content Requirement
1.
Information Requirements- all mappable information requirements, with
the exception of the location and vicinity map, shall be rendered on
topographic base maps at a scale of no less than 100 feet to one inch,
which depicts:
a. The proposed development site and the adjacent area within 100 feet
of its border.
b. The relief of the site in a maximum of two-foot intervals unless onefoot intervals are required by LCSWCD or the VE Office.
c. Any natural watercourses and existing man-made improvements such
as transportation thoroughfares, public utilities, transmission lines,
landmarks, as well as any existing structures.
d. Off-site areas susceptible to sediment deposits or to erosion caused by
accelerated runoff.
e. Off-site areas affecting potential accelerated runoff and erosion
control.
f. Development impacts on upstream drainage areas.
2.
Location and Vicinity
a. This mapped information is required to show the proposed
development site in relation to its general surroundings.
b. The location and vicinity map shall:
1)
Display the proposed development site and the surrounding
area within one mile from its borders.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 138 of 262
3.
2)
U. S. Geological Survey (USGS) topographic base map
(2,000 scale / one inch=2,000 feet) or other acceptable
topographic data.
3)
Indicate any areas adjacent to the development site which
are obviously susceptible or which noticeably contribute to
on-site potentials for flooding, erosion and sedimentation.
4)
Indicate the general direction of surface drainage around
the proposed development site and show delineation of the
100-year floodplain for any watercourses, which pass
through or are adjacent to the proposed development site.
Existing Characteristics Inventory
a. Mapped information is required in the inventory, which is necessary
for assessment of redevelopment site conditions; and later serves as the
basis for site plan evaluation.
b. The inventory map shall:
1) Display information about the names, textures, percent slope, and
erodability of surface soils on the proposed development site
according to series symbols and descriptions provided within
county soil surveys prepared by and available from the U. S.
Department of Agriculture. Also, the hydrologic group to which
each soil series belongs may be identified from the Natural
Resources Conservation Service (NRCS) technical release Urban
Hydrology for Small Watersheds, Technical Release 55 and
indicated in the map legend.
2) Depict all major and minor watercourses, inclusive of streams,
creeks, rivers and tributaries, and indicate the general directions of
flow and the 100-year floodplain where applicable with in the
development site. Any bodies of water, inclusive of lakes, ponds,
marshes and reservoirs shall also be shown. Streams shall include
intermittent, perennial, ephemeral, and any drainage ways.
4.
Predevelopment Conditions Assessment
a. The assessment requires quantifying the inventory map information by
site subdrainage areas in order to determine and display the volume
and rate of runoff and gross soil loss from the proposed development
site, and shall be prepared according to methods prescribed in the
NRCS text cited in Section 6.07 of this Article or others, which yield
equivalent information about rates and volumes of site surface
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 139 of 262
drainage runoff and soil loss potentials. Information from the
assessment is used to evaluate impacts expected to result during and
from development of a proposed plan.
b. The development site assessment shall:
1.
Show delineation and sequence of subdrainage units, which
comprise the area proposed for development.
2. Indicate the hydraulic length of slope per individual subdrainage
unit and the length of the natural or man-made watercourse,
which accommodates the surface runoff from each.
5.
3.
Indicate within the legend the average percent slope, and runoff
curve number (CN) per individual subdrainage unit.
4.
Be accompanied by a hydrograph and all calculations pertinent
to assessing site surface water runoff.
Development Plan Evaluation
a. The evaluation of the proposed site development plan is to provide
mapped and tabularized information about the changes in rates and
volumes of runoff which are expected to result from its
implementation and shall be prepared according to methods prescribed
in the NRCS text cited in Section 6.07 of this Article.
b. The development plan evaluation map shall:
1)
Depict all permanently proposed structural improvements and
installations to be made on the development site, inclusive of
buildings, retaining walls, sidewalks, streets, parking lots,
driveways and storm drainage impoundments, channels and
outlets.
2)
Indicate all proposed earth disturbance including:
a)
Areas of excavation, grading, and filling.
b)
The finished grade, stated in feet horizontal to feet
vertical, of cut and fill slopes.
c)
Kinds of utilities and proposed areas of installation.
d)
Proposed paved and covered areas in square feet or to
scale on a plan map.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 140 of 262
e)
Proposed kind of cover on areas not covered by
buildings, structures, or pavement. Description shall be
in such terms as: lawn, turf grass, shrubbery, trees, forest
cover, riprap, mulch, etc.
3)
Graphically differentiate the area to be developed from the area
to be left undisturbed within the development site.
4)
Be accompanied by a hydrograph for a 24-hour storm of the
critical frequency to be controlled as determined according to
Section 6.07 and all calculations made pertinent to evaluating
the effects of the proposed development plan upon current
runoff and erosion conditions of the development site.
6)
Provide certification by the developer/owner that all earth
disturbance, construction, and development will be done
pursuant to the approved plan. This can be accomplished with a
signature line for the owner/developer on the cover sheet of all
plans.
Section 6.12 Submission, Review, and Approval/Disapproval & Appeal
1. Submission of required site development planning information required under
Section 6.10 and 6.11 of this Article to the Planner by an owner/developer
seeking approval of a proposed development and/or subdivision.
2.
a.
Completes the owner/developer’s responsibilities within the initial
planning phase of the development review process.
b.
Initiates proceedings by the Planner to determine whether changes
are needed before it approves the proposed development, authorizing
commencement of earth-disturbing activities.
The Planner, VE and LCSWCD shall review the site development
planning information and inspect the proposed development site to:
a.
Verify site plan assessment information furnished by the
owner/developer and evaluate the proposed development in relation
to existing site conditions.
b.
Assess the adequacy of the proposed site grading and drainage
development plan to control against on-site incidents of accelerated
runoff, erosion, and sedimentation.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 141 of 262
3.
4.
5.
Review of the site plan and development impact assessment evaluation
information shall be completed by the Planner, VE, and LCSWCD:
a.
By the time that such information, along with the
subdivision/development proposal, is officially accepted by the
Planner at its regularly scheduled meeting.
b.
Provided the owner/developer has submitted all information required
by Section 6.10 and 6.11 of this Article along with the
subdivision/development proposal to the Planner at least 30 days
prior to a regularly scheduled meeting.
Upon completion of the site development plan and impact assessment
evaluation, the Planner shall review the site development plan within the
time period specified by Section 6.12, # 3 of this Article and shall either
be:
a.
Approve the site development plan as submitted by the
owner/developer; or,
b.
Disapprove the site development plan until required changes in the
site development plan are made and a Runoff Control and Sediment
Abatement Plan is prepared and submitted by the owner/developer to
the Planner according to the provisions under Sections 6.13 and 6.14
of this Article and area reviewed and approved by Planner.
Action by the Planner approving or disapproving the site development
plan is a final appealable order for purposes of judicial review.
Section 6.13 Abatement Control Plan Contents & Requirements
1. A Runoff Control and Sediment Abatement Plan shall identify how
accelerated surface water runoff, increased erosion, and sediment
deposition induced by site development are to be controlled to a level
within the abatement standards of Sections 6.05 and 6.06 of this Article.
2. All proposed controls are to be designed in accordance with methods and
techniques set forth in the texts cited above in this Article or others with
the prior approval of the Planner.
3.
A Runoff Control and Sediment Abatement Plan shall be compromised of,
but not limited to, the following information:
a.
A map rendered on the base prescribed by Section 6.11 #1 of this
Article, which indicates the number, types, dimensions, and
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 142 of 262
locations of all runoff, erosion, or sediment control devices to be
utilized either temporarily or permanently on a development site.
b.
All pertinent computations made to arrive at the final dimensions of
each control device. These shall be presented along with plan and
section view drawings of the same rendered at an appropriate design
scale to be agreed upon between the owner/developer and the
Planner.
c.
Schedules detailing the timing and maintenance of each control
device.
4.
Notwithstanding anything to the contrary in this Article, any
owner/developer (1) shall submit its initial application (Section 6.13)
together with the Preliminary Plan submissions required by Articles 3 and
4 of the Development Regulations and (2) shall submit its Runoff Control
and Sediment Abatement Plan together with the Final Plat submissions
required by Articles 3 and 4 of the Development Regulations.
5.
Prior to the final approval of the subdivision/development, the Village
Council will not sign the plat until this petition has been filed and
approved. As-Built plans must be certified by a Professional Engineer or
Professional Surveyor and must accompany the petition for maintenance.
An outline of the procedure for this petition process is contained in the
Appendix VIII of the Development Regulations supplement to these
standards.
Section 6.14 Plan Submission, Review, Approval/Disapproval, Appeal.
1.
Submission of a Runoff Control and Sediment Abatement Plan to the
Planner completes all site development planning information and impact
control planning responsibilities required of an owner/developer under
provisions of this Article and initiates final site Development Plan
approval proceedings under the Development Regulations.
2.
Review of the Runoff Control and Sediment Abatement Plan required of
the owner/developer shall:
a.
Be made by the Planner, VE and LCSWCD, provided the
owner/developer has prepared and submitted all necessary
information according to Section 6.13 of this Article.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 143 of 262
b.
3.
4.
Be completed within a period of 35 days before the Preliminary Plan
is approved or disapproved by the Planner at a regularly scheduled
meeting.
The Planner shall, upon completing its review of the Runoff Control and
Sediment Abatement Plan, either:
a.
Approve the Runoff Control and Sediment Abatement Plan as
submitted by the owner/developer provided it is in compliance with
provisions of this Article and initial site plan review
recommendations; or,
b.
Disapprove the Runoff Control Sediment Abatement Plan until the
owner/developer makes revisions, which comply with provisions of
this Article. Revisions to a disapproved Runoff Control and
Sediment Abatement Plan shall be prepared and submitted by an
owner/developer to the Planner for review and approval according to
the same procedures specified by provisions within the above
paragraphs of this section.
Action by the Planner approving or disapproving a Runoff Control and
Sediment Abatement Plan is a final order for purposes of judicial review.
Section 6.15 Inspections; Enforcement
3. All inspections of the required improvements of this Article shall be done in
accordance with Article 3, Article 7, and Article 9 of the Development
Regulations.
2. If it is determined that a violation of this Article 6 of the Development Regulations
exists, the owner/developer will be notified of the deficiencies or noncompliance.
After a reasonable time for voluntary compliance, the inspector or inspecting
agency shall report the deficiency or noncompliance to the Planner. The Planner
upon determination that a development does not comply with Article 6 of the
Development Regulations may pursue an enforcement action and impose penalties
as outlined in Section 307.79(D) through (F) of the Ohio Revised Code against
the owner/developer.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 144 of 262
ARTICLE 7: ASSURANCE FOR COMPLETION AND MAINTENANCE OF
IMPROVEMENTS
Section 7.0: Title
This Article shall be cited as the Village of Johnstown Rules for Assurance for
Completion and Maintenance of Improvements. This Article and the regulations herein
shall also be incorporated into and be hereinafter know as Article 7: ASSURANCE FOR
COMPLETION AND MAINTENANCE OF IMPROVEMENTS of the Development
Regulations.
Section 7.00 Statutory Authorization; Delegation
This Article is adopted by the Village Council in accordance with and pursuant to the
legal grant of authority of the Ohio Revised Code, Section 711.101, to adopt rules
regarding the construction of improvements. The Village Planner (Planner) and its staff,
is herein delegated the authority on behalf of the Village Council to administer and
enforce the provisions of this Article, with technical assistance from the Village Engineer
(VE). And pursuant to the authority of Chapter 711 of the Ohio Revised Code, is Article
7 is being adopted and incorporated in the Village of Johnstown Development
Regulations as it pertains to the subdivision/development of land in Village of
Johnstown.
Section 7.01 Purpose
This Article is adopted for the purpose of setting standards and requiring and securing
improvements shown on plat and plans required by section 711.10 of the Ohio Revised
Code and will promote and maintain the health, safety and general well being of all life
and inhabitants with Village of Johnstown.
Section 7.02 Scope
This Article shall apply to all proposed subdivisions/developments within the jurisdiction
of the Development Regulations unless otherwise excluded within this Article or unless
expressly excluded by law.
Section 7.03 Disclaimer of Liability
Neither submission of a plan under provisions of this Article nor compliance with
provisions of this Article shall relieve any person from responsibility for damage to any
person or property otherwise imposed by law, nor impose any liability upon Village of
Johnstown for damage to any person or property.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 145 of 262
Section 7.04 Requirements
No proposed subdivision/development shall be approved, except in compliance with the
standards and criteria set forth in this Article. The owner/developer shall comply with
any and all State and Federal regulations and must obtain any required State and Federal
permits.
Section 7.1 Improvements; Guarantee
Section 7.10 Construction and Dedication of Improvements
Before the Final Plat is approved and endorsed by the PZC, the owner/developer shall
construct and dedicate, in accordance with the Planner’s plan approval and to the
satisfaction of the Village Engineer (VE), Village of Johnstown Soil and Water
Conservation District (VJSWCD), and the Village of Johnstown Water and Wastewater
Department (VJWWD), any and all the street, water supply, sanitary sewer, and any other
improvements (herein collectively referred to as “improvements”) required by the Village
of Johnstown Development Regulations and specified in the Final Plat. Additionally, the
Village Council shall approve the PZC signed Final Plat prior to it being recorded by the
Licking County Recorder.
Section 7.11 Guarantee of Improvements
The Planner, in its sole discretion, may waive the requirements that the owner/developer
construct and dedicate all improvements prior to signing the Final Plat. As a condition
precedent to Planner’s waiver, the owner/developer shall provide one of the following
guarantees: Performance Bond, Certified Check, Escrow Account, or Letter of Credit
(collectively referred to herein as “Guarantee”):
1.
Prior to the commencement of any street or private roadway, the owner or
developer shall provide a bond or irrevocable letter of credit, acceptable to
the Village, or a cashiers check, in an amount not less than one hundred
ten percent (110%) of the final construction cost for such street or private
roadway. Such bond shall guarantee, and such letter of credit or cashiers
check shall remain payable to the Village for the purpose of, completion
of the such street or private roadway within one year from the date of
commencement of construction or such time as may be agreed to by the
Village Manager. In addition, a bond, cashiers check, or letter of credit in
the amount of ten percent (10%) of the final construction cost shall be
provided for a maintenance period of one year beginning with the date of
acceptance of the street improvements by the Village.
2.
In lieu of a bond for sanitary sewer and water main improvements, the
Village may accept private agreements for sanitary sewer and water main
construction and maintenance. Such agreements shall be executed on
forms approved and supplied by the Village.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 146 of 262
3.
The owner or developer shall, prior to the commencement of review of
plats or plans by the Village Engineer, or prior to the supervision of
installation of improvements by the Village Engineer, deposit with the
Village Clerk a sum of money as prescribed by the Manager to defray the
cost of the engineering or inspection services to be provided, and any
expense incurred by the Village due to the review of the plat and plans
and installation of the improvements. Should the amount of such deposit
be insufficient to pay the cost thereof, the owner or developer shall
immediately, upon demand, deposit such additional sums as are estimated
by the Manager to be necessary. The Manager shall not obligate the
Village for payment of such engineering services prior to receipt of the
funds to be deposited by the owner or developer. Further, the Manager
shall have the authority to order that work be stopped on any review of
plats or plans or upon the installation of improvements, for which such
deposit has not been made. Upon completion and acceptance of any such
improvement, any unexpended balance remaining from such deposits
shall be refunded to the owner or developer who paid such deposit. The
Clerk shall provide to Council on a monthly basis a tabulated recap by
project of the deposited fund balances and outstanding deficiencies.
4.
The subdivider shall hold the Village harmless from any claims for
damages of every nature arising or growing out of the construction of such
improvements, and shall defend, at his cost and expense, each suit or
action brought against the Village by reason thereof, until the
improvement has been accepted by the Village and the developer notified
in writing. The subdivider shall furnish proof to the Village at the time of
commencing construction of possession of personal injury liability
insurance of not less than one hundred thousand dollars/three hundred
thousand dollars ($100,000/$300,000) and property damage liability
insurance of not less than one hundred thousand dollars ($100,000).
5.
If any violations of, or noncompliance with, any of the provisions and
stipulations of this chapter occurs, the Village shall have the right to stop
the work without delay and hold the bonding company responsible for the
completion of the improvement or use the cashiers check or letter of
credit, or proceeds thereof, for such purpose.
6.
Any Guarantee provided by owner/developer shall meet all of the
following requirements:
a.
The amount of the Guarantee provided by owner/developer shall
be one hundred per cent (100%) of the estimated total construction
cost of all improvements plus ten per cent (10%) of total
construction costs for initial maintenance of all improvements
which shall be determined by the VE, LCSWCD and LCWWD,
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 147 of 262
any of whom may seek the advice and recommendations of other
qualified individuals, based on estimates provided to them by the
owner/developer, and as agreed upon by the Village Council.
7.
b.
The Guarantee shall clearly describe the subdivision/development
and the required improvements for which it is being provided.
c.
The Guarantee shall be issued to, made payable to, or for the sole
benefit of the Village Council, Licking County, Ohio and shall be
binding on the owner/developer, his/her heirs, its successors and
assigns.
d.
Sufficient documentation evidencing the Guarantee shall be
provided to the Village Planner.
e.
The owner/developer shall provide the Planner with a scheduled
completion date for the improvements
within the
subdivision/development at the time the Guarantee is agreed upon.
f.
The Guarantee shall remain in full force and effect for a one (1)
month following the date of the completion, approved inspection
or dedication of the improvements, whichever is later.
d.
No Guarantee shall be released without the prior approval of the
Village Council.
Specific types of Guarantees shall also meet the following requirements:
a.
Performance Bond If a performance bond is provided by the
owner/developer as a Guarantee, the bond shall be issued by and
entity and under terms acceptable to the Village Council.
b.
Certified Check:
If a Certified Check is provided by the
owner/developer as a Guarantee, the owner/developer shall execute
an agreement that shall state the terms and conditions under which
the funds from the Certified Check may be accessed if the
owner/developer fails to satisfactorily complete the required
improvements within the time limit as specified in herein.
Section 7.12 Extension of Time
The construction and dedication of all improvements for which a Guarantee has been
provided by the owner/developer shall be completed within two years after the
subdivision/development has received final approval.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 148 of 262
If the owner/developer fails to satisfactorily complete such improvements by the
scheduled completion date, the owner/developer shall show cause why the Guarantee
should not be forfeited, enforced or executed. For good cause shown, the Planner may, in
its sole discretion, grant an extension of not more than one year.
If the Planner grants an extension of up to one year, the total cost of the improvements
shall be updated to accurately reflect the current costs which shall be determined by the
VE, LCSWCD and LCWWD, any of whom may seek the advice and recommendations
of other qualified individuals, based on estimates provided to them by the
owner/developer, and as agreed upon by the Village Council.
If the current costs are more than the original costs, plus ten percent, then an additional
Guarantee in the amount of any increased cost shall be provided to the Village Council.
If the improvements are not completed by the end of the extension period, the Village
Council may request the County Prosecutor to initiate legal action to enforce compliance.
Section 7.13 Inspections
During construction of improvements, the Planner, VE, LCWWD and/or appropriate
governmental entity or their respective designee (herein after “inspecting entity”) shall
provide all inspections of improvements. The owner/developer shall provide advance
written notice to the appropriate inspecting entity two business days prior to the date
construction is to commence, the date any inspection or re-inspection is desired and the
final inspection upon completion of improvements. All inspections shall be required
according to the schedule in Appendix XIII.
The owner/developer shall be required to pay any and all costs associated with the
inspections for any and all inspections during and after construction of the improvements.
The owner/developer shall be billed for the full amount of any and all inspection services.
Section 7.14 Release or Reduction of Guarantee
1.
The Village Council will not accept dedication of required improvements,
nor release nor reduce any Guarantee, unless or until: receipt of a
certificate from the applicable inspecting entity stating that all required
improvements have been satisfactorily completed and receipt of a
certificate from the applicable inspecting entity it has received and
approved owner/developer’s “as-built” survey. The “as built” survey
shall contain the location, dimensions, material, and other information
required by the Development Regulations and any other applicable
regulations and as required by the inspecting entity.
2.
A final inspection of the subdivision/development shall be scheduled and
conducted by the Planner, in conjunction with all other appropriate
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 149 of 262
agencies and entities, including but not limited to the Village Zoning
Inspector, to determine if all improvements on the site have been
satisfactorily completed. If improvements are found to be incomplete or
unsatisfactory to the Planner then the Guarantee shall not be reduced or
released as requested.
3.
The owner/developer shall provide a Title Opinion to the Village Council
indicating that the improvements have been completed, and are
recommended for dedication to the Village Council, the improvements and
the real estate they are located are free and clear of any and all liens and
encumbrances. Upon such approval and recommendation, the Village
Council shall thereafter accept the improvements for dedication in
accordance with the established procedure.
4.
Guarantees may only be reduced or released upon actual dedication of
public improvements. When a portion of the improvements has, upon
inspection been determined to be satisfactorily completed, a reduction in
the Guarantee may be authorized, provided, however, that such reduction
shall not reduce the balance of the Guarantee below the current
completion cost as of the date of reduction, and provided further that all
other requirements of this Article have been properly executed.
Section 7.15 Maintenance of Improvements
The owner/developer shall be responsible for the maintenance of the improvements
installed and for providing the services necessary to ensure access to completed portions
of the subdivision/development for the full term of Guarantee. This maintenance of
improvements shall include but not limited to winter maintenance items such as snow and
ice control, erosion and sediment control measures, debris, and mud tracking onto the
Village road system. (See Appendix VIII of the Development Regulations).
Section 7.16 Deferral or Waiver of Required Improvements
The Planner may defer or waive at the time of final approval, subject to appropriate
conditions, the provision of any or all such improvements as, in the Commission’s
judgment, are not requisite in the interests of the public health, safety, and general
welfare, or which are inappropriate because of inadequacy or lack of connecting
facilities.
Whenever it is deemed necessary by the Planner to defer the construction of any
improvement required herein because of incompatible grades, future planning, inadequate
or lack of connecting facilities, or for other reasons, the applicant shall pay his share of
the costs of the future improvements to the Village Council prior to signing the final
subdivision plat, or the owner/developer may post a bond or other guarantee insuring
completion of said improvements upon demand of the Village Council.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 150 of 262
Section 7.2 Inspections; Enforcement
1. All inspections required under this Article shall be done in accordance with the
Development Regulations.
2. If it is determined that a violation of this Article 7 of the Development Regulations
exists, the owner/developer will be notified of the deficiencies or noncompliance.
After a reasonable time for voluntary compliance, the inspector or inspecting
agency shall report the deficiency or noncompliance to the Planner. The Planner
upon determination that a development does not comply with Article 7 of the
Development Regulations may pursue an enforcement action and impose penalties
as outlined in Section 711.02 of the Ohio Revised Code against the
owner/developer.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 151 of 262
ARTICLE 8 - VILLAGE OF JOHNSTOWN ACCESS MANAGEMENT PLAN
The relationship between transportation and land use is sometimes described in terms of
an ongoing cycle of obsolescence. This is especially evident in areas undergoing rapid
development. Many areas of Village of Johnstown are experiencing just this type of
rapid urbanization. As development occurs, traffic continues to increase which drives up
land values and spurs further development. More business development along the
roadway brings more driveways, more conflicts and more congestion. Eventually traffic
service levels drop so low that roadway improvements or completely new infrastructure
becomes necessary. This requires the expenditure of scarce taxpayer dollars on
expensive land acquisition, physical construction, and traffic maintenance. Then the
increased accessibility provided by the improved/new roadway starts the cycle all over
again. Factors considered for congestion prevention include functional classification, the
appropriate local government’s adopted plan for the roadway, existing or potential land
use of abutting properties, and existing level of access control.
Congestion prevention and access control measures offer great potential for slowing the
cycle of functional obsolescence while maintaining acceptable and safe traffic operating
conditions along arterial and collector streets. Inadequate controls may render a highway
functionally obsolete well in advance of its design life and contribute to potential safety
problems, congestion, and air quality problems. Another important aspect of access
management is the large public tax savings that occur by slowing this unmanaged growth.
In addition, it protects the property owner by ensuring safe access with less road
congestion, which in turn maintains land values.
Section 8.0 Intent and Purpose
The intent of this article is to provide and manage access to land development, while
preserving the regional flow of traffic in terms of safety, capacity, and speed. Major
thoroughfares, including highways and other arterials, serve as the primary network for
moving people and goods. These transportation corridors also provide access to
businesses and homes and have served as the focus for commercial and residential
development. If access systems are not properly designed, these thoroughfares will be
unable to accommodate the access needs of continued development while retaining their
primary transportation function. This article balances the right of reasonable access to
private property with the right of the citizens of Village of Johnstown to safe and efficient
travel, while significantly reducing the need to raise or divert additional tax dollars to
cover road improvements.
To achieve this policy intent, state and local thoroughfares have been categorized by
function and classified for access purposes based upon their level of importance, with
highest priority on the Ohio Highway System and secondary priority on the primary
network of regional and intra-regional arterials and collectors. Regulations have been
applied to these thoroughfares for the purpose of reducing traffic accidents, personal
injury, and property damage attributable to poorly designed access systems, and to
thereby improve the safety, operation, and reduce the overall improvement cost of the
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 152 of 262
roadway network. In addition, these Regulations attempt to mitigate the congestion of
existing roadways from continued growth in the Village and the increased air pollution
caused by resulting traffic jams. This will protect the substantial public investment in the
existing transportation system and reduce the need for expensive, remedial measures.
These Regulations also further the orderly layout and use of land, protect community
character, and conserve natural resources by promoting well-designed road and access
systems that prevent congestion and discourage the unplanned subdivision of land.
Section 8.00 Applicability
This article shall apply to all arterials and collectors within Village of Johnstown as
identified in Appendix XI and XII, and to all properties that abut these roadways. The
capacity and classification of those streets not listed in Appendix XII will be evaluated in
terms of the proposed development or lot split by the Planner, the Village Engineer, and,
where applicable, the Ohio Department of Transportation.
Section 8.01 Definitions
See Article 2 Definitions
Section 8.1 Congestion Prevention System/Standards
Section 8.10 Classifications
All roadways in Village of Johnstown have been classified for congestion prevention and
access management (see Appendix XI and XII). These classes are “Major Arterial,”
“Minor Arterial,” “Major Collector,” Minor Collector,” and lower order. These
Congestion Prevention requirements only apply to the first four roadway classes. Those
roads not listed are considered lower order and do not need to meet the requirements of
Article 8. Within the first four classifications, each has different degrees of access
standards, with the most strict applying to major arterials and the least strict to minor
collectors. Non-through roads serving only industrial site shall not be classified; however,
intersection design standards shall apply to these roadways. Of major importance to
congestion prevention and access management is driveway and roadway spacing; in other
words the distance between access points onto a roadway. The requirement for spacing
between any access points and/or roads for a lot on any of these classified roadways is the
speed limit on that road segment. What follows is a more detailed description of the
requirements for each particular road classification.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 153 of 262
Table 13: AASHTO Safe Stopping Sight Distance
SPEED (MPH)
25
35
45
55
DISTANCE (FEET)
150
250
400
550
Table 14: Driveway Spacing Requirements
DRIVEWAY SPACING REQUIREMENTS*
For Classified Roads in Village of Johnstown
Road
35 mph or
45 mph
Classification
Less
Minor Collector
250’
250’
Major Collector
250’
400’
Minor Arterial
250’
400’
Major Arterial
250’
400’
Industrial
NA
NA
NOTES:
55 mph or
More
250’
400’
550’
550’
NA
*This does NOT apply to spacing with road intersections. This spacing is
550 feet regardless of speed limit or road classification.
*Additional requirements for Major Arterials exist; see congestion
prevention text See Appendix XI for Table and Appendix XII for Map of
Classified Roadways.
Table 15: Setback Requirements of Future Right of Ways
SETBACK REQUIREMENTS FUTURE RIGHT-OF-WAYS
For Classified Roads in Village of Johnstown
Road Classification
Total Right-of-Way Required
Minor Collector
Major Collector
Minor Arterial
Major Arterial
72 feet
100 feet
120 feet
120 feet
NOTES:
Setback
Requirement*
6 feet each side
20 feet each side
30 feet each side
30 feet each side
*This is based on an existing Right-of-Way of 60 feet, 30 feet on each side.
Where no ROW or less ROW exists, the difference between 30 feet and
what exists is also required.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 154 of 262
Section 8.11 Major Arterial
1.
In accordance with ORC 5535.03, Village of Johnstown and the Licking
County Area Transportation Study (LCATS) have designated certain
roadways in the county as Major Arterials based on Ohio Department of
Transportation classifications (see Appendix XII). These Major Arterial
roadways are specifically designed for the movement of through traffic
and therefore only four (4) minor land divisions (lot splits) gaining access
from a Major Arterial shall be permitted in total from an original tract of
land as it is recorded on the effective date of these Subdivision
Regulations. Land divisions that meet the Major Subdivision or
Development processes outlined in these Regulations (see Sections 3.1 &
3.2) are permitted on Major Arterials.
2.
No additional access points are permitted on a Major Arterial, other than
for new roads (existing access points may be relocated or closed to
improve safety and/or traffic flow on a roadway). Large-scale
developments may be required to provide additional access points when a
Traffic Impact Study indicates such provision will enhance safety and/or
traffic flow on the arterial. When a major change in use or trip (traffic)
generation occurs, such development shall be required to meet the
standards of this article (see definition: Significant Change in Trip
Generation).
3.
New Roads / access points requiring (or that may require in the future)
traffic signals shall be spaced at ½ mile intervals. Whenever feasible, new
roads shall be a minimum of 550 feet apart and directly across from (not
offset from) other streets and drives.
4.
New roads that are constructed intersecting a Major Arterial shall
construct left turn lanes and right turn deceleration lanes on the Major
Arterial; this includes the dedication of right-of-way sufficient for turn
lanes along the entire frontage.
5.
For all land division or access improvement, sixty feet (60’) from the
centerline of the road or half (1/2) of the right-of-way necessary to
improve the R.O.W. of the Major Arterial to 120 feet, or that necessary for
a four lane divided road section, shall be pinned, marked on a proposed lot
survey and recorded on the deed as “Future Road Right-of Way Setback”
along the entire parcel or development. Within 600’ of an intersection,
150’ shall be required. Major Subdivisions and Developments are required
to dedicate this right-of-way to the Village (see Section 4.10).
6.
All developments (residential, commercial, and industrial) shall be
reviewed to ensure that ingress/egress, including on-site circulation, shall
not interfere with roadway traffic; this review may require, but is not
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 155 of 262
limited to, the addition of left and right turn lanes, minimum turning radii
for driveways, minimum “throat” lengths between entrance and parking
areas (see Table 18), and restricting ingress and egress to Right In/Right
Out only.
7.
Wherever the creation of a new access point or a significant change in trip
generation of an access point is permitted, the property owner(s) must
record an easement with the deed allowing access to and from other
properties in the area. The property owner shall enter an agreement to
dedicate remaining access rights along the arterial to the Village, and enter
into another agreement to be recorded with the deed that any pre-existing
driveways on the arterial will be closed and eliminated after the
construction of joint use driveways/access roads/ or alternative means of
access.
8.
Where a proposed subdivision or development abuts and, through internal
roadways, connects to an existing subdivision or development which has
access to a Major Arterial, the proposed subdivision shall be required,
where necessary, to upgrade the intersection of the Major Arterial and the
existing subdivision’s roadway access.
9.
No increase in access will be granted on roadways where the access rights
have been purchased by any governmental body.
Section 8.12 Minor Arterial
The criteria for Major Arterial shall apply with the exception of the following:
1.
In accordance with ORC 5535.03, Village of Johnstown and the Licking
County Area Transportation Study (LCATS) have designated certain
roadways in the county as Minor Arterials based on Ohio Department of
Transportation classifications (see Appendix XII). These Minor Arterial
roadways are specifically designed for the movement of through traffic
and therefore only four (4) minor land divisions (lot splits) gaining access
from a Minor Arterial shall be permitted in total from an original tract of
land as it is recorded on the effective date of these Subdivision
Regulations (07/16/1996).
Land divisions that meet the Major
Subdivision or Development processes outlined in these Regulations (see
Sections 3.1 & 3.2) are permitted on Minor Arterials.
2.
New driveway access points and new roadways shall be located on a
Minor Arterial in accordance with the less restrictive requirement of either
AASHTO SAFE STOPPING SIGHT DISTANCE criteria based upon the
existing speed limit of the arterial (Table 1) or 55 miles per hour (550
feet).
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 156 of 262
3.
For other than single family residential developments, joint use driveways
and cross access and/or through access easements must be established
wherever possible and the building site must incorporate a unified access
and circulation system. Wherever the creation of a new access point or the
increased use of an access point is permitted, the property owner(s) must
record an easement with the deed allowing access to and from other access
rights along the arterial to the Village, and enter into another agreement to
be recorded with the deed that any pre-existing driveways will be closed
and eliminated after the construction of joint use driveways/access
roads/or alternative means of access.
4.
For all land division or access improvement, sixty feet (60’) from the
centerline of the road, to improve the R.O.W. of the Minor Arterial to 120
feet, or that necessary for a four lane divided road section, shall be pinned,
marked on the survey or plat, and recorded on the deed or plat as “Future
Road Right-of-Way Setback” along the entire parcel or development.
Within 600’ of an intersection, 150’ shall be required. Major Subdivisions
and Developments are required to dedicate this right-of-way tot the
Village (see Section 4.10).
5.
Any lot permitted to create a new access point(s) shall be required to have
deed restrictions allowing travel through that access to any contiguous lots
of record.
6.
Where a proposed subdivision or development abuts and, through internal
roadways, connects to an existing subdivision or development which has
access to a Minor Arterial, the proposed subdivision shall be required,
where necessary, to upgrade the intersection of the Minor Arterial and the
existing subdivision’s roadway access.
7.
No new access point or increase in access will be granted on roadways
where the access rights have been purchased by any governmental body.
Section 8.13 Major Collector
1.
No new direct access (driveway) other than for a new road is permitted
from any lot to a Major Collector, except for minor lot splits in residential
or agricultural zoning districts. For other than single family residential
developments, joint use driveways and cross access and/or through access
easements must be established wherever possible and the building site
must incorporate a unified access and circulation system. Wherever the
creation of a new access point or the increased use of an access point is
permitted, the property owner(s) must record an easement with the deed
allowing access to and from other properties in the area. The property
owner shall enter an agreement to dedicate remaining access rights along
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 157 of 262
the major Collector to the Village, and enter into another agreement to be
recorded with the deed that any pre-existing driveways will be closed and
eliminated after the construction of joint use driveways/access roads/or
alternative means of access
2.
Any new driveway access points and new roadways shall be located on a
Major Collector in accordance with either AASHTO SAFE STOPPING
SIGHT DISTANCE criteria based upon the existing speed limit of the
Major Collector (Table 1).
3.
When new streets access a Major Collector, left turn lanes shall be
constructed on the collector and flared right turn “lanes” shall be
constructed according to the requirements of Section 8.3 (esp. 8.32 &
8.33). Right-of-way shall be dedicated along the full frontage to the depth
required by the turn lanes and/or other turn improvements.
4.
For all land division or access improvement, fifty feet (50’) from the
centerline of the road, to improve the R.O.W. of the Major Collector to
100 feet, or that necessary for a four lane road section, shall be pinned,
marked on the survey or plat, and recorded on the deed or plat as “Future
Road Right-of-Way Setback” along the entire parcel or development.
Within 600’ of an intersection, 120’ of R.O.W. shall be required. Major
Subdivisions and Developments are required to dedicate this right-of-way
to the Village (see Section 4.10).
5.
Commercial and industrial subdivisions/developments shall construct left
and right turn lanes and dedicate right-of-way as per above and meet the
requirements of Section 8.32 & 8.33.
6.
All developments (residential, commercial, and industrial) shall be
reviewed to ensure ingress/egress, including on-site circulation, shall not
interfere with roadway traffic; this review may require, but is not limited
to, the addition of left and right turn lanes, minimum turning radii for
driveways, minimum “throat” lengths between entrance and parking areas,
and restricting ingress and egress to Right In / Right Out only.
7.
Where a proposed subdivision or development abuts and, through internal
roadways, connects to an existing subdivision or development which has
access to a Major Collector, the proposed subdivision shall be required,
where necessary to upgrade the intersection of the Major Collector and the
existing subdivision’s roadway access.
8.
No increase in access will be granted on roadways where the access rights
have been purchased by any governmental body.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 158 of 262
Section 8.14 Minor Collectors
1.
New streets intersecting the Minor Collector shall meet the requirements
of Section 83.
2.
New driveway access points and new roadways shall be located on a
Minor Collector in accordance with either AASHTO SAFE STOPPING
SIGHT DISTANCE criteria based upon the existing speed limit of the
Minor Collector (Table 1) or 35 miles per hour (250 feet), whichever is
less restrictive.
3.
For all land division or access improvement, thirty-six feet (36’) from the
centerline of the road, to improve the R.O.W. of the Minor Collector to 72
feet, or that necessary for a three lane road section, shall be pinned,
marked on the survey or plat, and recorded on the deed or plat as “Future
Road Right-of-Way Setback” along the entire parcel or development.
Within 600’ of an intersection, 90’ of R.O.W. shall be required. Major
Subdivisions and Developments are required to the dedicate ROW to the
Village (see Section 4.10).
4.
Minimum turning radii for roadways where no right turn lane exists shall
be 50 feet for a development creating less than or equal to 50 peak hour
trips, otherwise a right turn deceleration lane shall be constructed (see
Section 8.33).
5.
Where a proposed subdivision or development abuts and, through internal
roadways, connects to an existing subdivision or development which has
access to a minor collector, the proposed subdivision shall be required,
where necessary, to upgrade the intersection of the minor collector and the
existing subdivision’s roadway access.
6.
No increase in access will be granted on roadways where the access rights
have been purchased by any governmental body.
Section 8.15 Minor Land Division (Lot Split) on Classified Roadways
1.
Minor land divisions are permitted along all roadways except Major and
Minor Arterials provided that the proposed driveway spacing meets the
requirements of Table 1: AASHTO Safe Stopping Sight Distance
Connection Spacing Standards and this article and the proposed minor
land division(s) meet the requirements of Section 3.1.
2.
Minor Arterials are limited access highways, so in order to increase safety
and prevent congestion of the public roadways, minor land divisions
gaining access from Minor Arterials are restricted to a total of four (4)
lots, exclusive of the remainder of the original tract. Thus five lots may be
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 159 of 262
created as minor land divisions from the original tract as it exists on the
Licking County tax maps as of the effective date of these Regulations
(07/16/1996), provided the proposed minor land division(s) meet the
requirements of Section 3.1.
3.
Major Arterials are also limited access highways, so minor land divisions
gaining access from Major Arterials will be permitted provided that they
meet the same requirements as Section 8.15, #2 above and no new access
points are created. A copy of the official driveway permit must be
submitted with the application.
Section 8.2 General Roadway Standards
1.
All connections on roadway segments that have been assigned an access
classification shall meet or exceed the minimum connection spacing
requirements of that access classification as specified in Table 1.
2.
Driveway spacing shall be measured from the closest edge of the
pavement to the next closest edge of the pavement (see Definition Section:
“Connection Spacing”). The projected future edge of the pavement of the
intersecting road shall be used in measuring corner clearance, where
widening, relocation, or other improvement is indicated in an adopted
local thoroughfare plan or 20 year transportation plan of the metropolitan
planning organization.
3.
If the connection spacing of this code cannot be achieved, then a system of
joint use driveways and cross access easements may be required in
accordance with Section 8.31.
4.
Variation form these standards shall be permitted at the discretion of the
Village Planner where the effect would be to enhance the safety or
operation of the roadway. Examples might include a pair of one-way
driveways in lieu of a two-way driveway, or alignment of median
openings with existing access connections. Applicants may be required to
submit a study prepared by a registered engineer to assist the Planner in
determining whether the proposed change would exceed roadway safety or
operational benefits of the prescribed standard.
Section 8.3
General Congestion Prevention Standards
Section 8.30 Corner Clearances
1.
Corner clearance for connections shall meet or exceed the minimum
connection spacing requirements for that roadway.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 160 of 262
2.
New connections shall not be permitted within the functional area of an
intersection or interchange as defined by the connection spacing standards
of this code (see Table 1).
3.
Where no other alternatives exist, the Planner may allow construction of
an access connection along the property line farthest from the intersection.
In such cases, directional connections (i.e. right in/out, right in only, or
right out only) may be required.
4.
In addition to the required minimum lot size, all corner lots shall be of
adequate size to provide for required front yard setbacks and corner
clearance on street frontage.
Section 8.31 Joint and Cross Access
1. As parcels are developed for commercial use, such properties shall provide a
cross access drive and pedestrian access to adjacent parcels to allow circulation
between sites.
2. A system of joint use driveways and cross access easements as shown in Figure
17 shall be established wherever feasible along arterials and collectors and the
building site shall incorporate the following:
Figure 17: Examples of Cross Access Corridor Design
Rear Cross Access Drive
Good
Separation
Undeveloped
Property
Undeveloped
Property
Good
Separation
Front Access Drive
Zig-Zag Access Drive
Accptable
Separation
Cross Access Drive
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 161 of 262
a.
b.
c.
d.
A continuous service drive or cross access corridor extending the
entire length of each block served to provide for driveway
separation consistent with the congestion prevention classification
system and standards.
A design speed of 10 mph and sufficient width to accommodate
two-way travel aisles designed to accommodate automobiles,
service vehicles, and loading vehicles;
Stub streets and other design features to make it visually obvious
that the abutting properties may be tied in to provide cross-access
via a service drive;
A unified access and circulation system plan that includes
coordinated or shared parking areas is required wherever feasible.
3. Pursuant to this section, property owners shall:
a.
b.
c.
d.
4.
Record an easement with the deed allowing cross access to and
from other properties served by the joint use driveways and cross
access or service drive;
Record an agreement with the deed that remaining access rights
along the thoroughfare will be dedicated to the Planner and preexisting driveways will be closed and eliminated after construction
of the joint-use driveway;
Record a joint maintenance agreement with the deed defining
maintenance responsibilities of property owners.
The common access drive will need to be constructed by the
developer prior to an occupancy permit being issued major
development approval.
The Planner may reduce required separation distance of access points
where they prove impractical, provided all of the following, requirements
are met:
a.
b.
c.
Joint access driveways and cross access easements are provided
wherever feasible in accordance with this section.
The site plan incorporates a unified access and circulation system
in accordance with this section.
The property owner shall enter a written agreement with the
Planner, recorded with the deed, that pre-existing connections on
the site will be closed and eliminated after construction of each
side of the joint use driveway to read that the pre-existing
connections to existing public right-of-way on the site will be
closed and eliminated after construction of the joint use driveway.
The written agreement with the Planner shall provide for the time
frame that the pre-existing connections will be closed and
eliminated.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 162 of 262
5.
The Planner may modify or waive the requirements of this section where
the characteristics or layout of abutting properties would make
development of a unified or shared access and circulation system
impractical.
Section 8.32 Left Turn Lane Improvements and Requirements
When a new road is being created connecting to a classified roadway, or a parcel is
creating a significant change in trip generation for its access point on a classified
roadway, a left turn lane may shall be required to be constructed on the classified road.
Left turn lanes shall be required in the following instances:
Table 16: Conditions Requiring Left Turn Improvements
Village of Johnstown
Road Classification
Minor Collector
Major Collector
Minor Arterial
Major Arterial
Residential:
Required When Number of
Lots Meets or Exceeds
25 lots or dwelling units
20 lots or dwelling units
15 lots or dwelling units
10 lots or dwelling units
Non-Residential:
Required When Peak Hour
Trips Exceed
60 Peak hour trips
50 Peak hour trips
40 Peak hour trips
30 Peak hour trips
When adjacent property is to be provided with an access, either at the time of
development or in the future, and this adjacent site does not have its own access or can
not meet the connection spacing standards, the number of dwelling units (if residential) or
peak hour trips (if non-residential) shall be added to the total planned for the proposed
site to determine whether a left turn lane is warranted. When the adjacent property has its
own access, 25% of the lots or peak hour trips shall count toward the total for the
proposed site. If the adjacent site to be connected with a future access road is currently
undeveloped or contains only one structure, the total number of dwelling units or peak
hour trips for that parcel shall be calculated by projecting the same density development
as proposed on the current site.
When turn lanes are built they shall include full depth paved shoulders. The width of the
full depth paved shoulder should be a minimum of four feet for arterial roadways and two
feet for collectors. If the roadway has existing paved shoulders that exceed this minimum
then the existing width should be matched. Full depth paved shoulders increase the safety
of the roadway by providing recovery room, pull off space, and increase the life
expectancy of the pavement.
Where the classified road does not, in the opinion of the Village Planner, provide
appropriate connectivity to warrant a left turn lane, a variance from such requirement
may be granted. Construction of a right turn lane may be a condition of such a variance.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 163 of 262
Section 8.33 Right Deceleration Lane Improvements and Requirements
When a new road is being created connecting to a classified roadway, or a parcel is
creating a significant change in trip generation for its access point on a classified
roadway, a right turn improvement shall be required to be constructed on the classified
road. The type of improvement depends on the peak hour trips and shall be as follows:
Table 17: Conditions Requiring Right Turn Improvements
Number of Peak Hour Trips
Less than or equal to 50
More than 50
Minimum Right Turn Improvement Type
Larger turn radius of 50 ft.
Full-width right turn lane
Thus if the design right turn volume is less than or equal to 50 vehicles per hour, a 50
foot radius must be provided. If the design right turn volume is over 50 vehicles per
hour, a full right turn lane must be constructed.
When adjacent property is to be provided with an access, either at the time of
development or in the future, and this adjacent site does not have its own access or can
not meet the connection spacing standards, the number of peak hour trips shall be added
to the total planned for the proposed site to determine what type of right turn
improvement is warranted. When the adjacent property has its own access, 25% of the
peak hour trips shall count toward the total for the proposed site. If the adjacent site to be
connected with a future access road is currently undeveloped or contains only one
structure, the total number of peak hour trips for that parcel shall be calculated by
projecting the same density development as proposed on the current site.
When turn lanes are built they shall include full depth paved shoulders. The width of the
full depth paved shoulder should be a minimum of four feet for arterial roadways and two
feet for collectors. If the roadway has existing paved shoulders that exceed this minimum
then the existing width should be matched. Full depth paved shoulders increase the safety
of the roadway by providing recovery room, pull off space, and increase the life
expectancy of the pavement.
Section 8.34 General Access Connection and Driveway Design
1. Driveway width shall meet the following guidelines:
a. If the driveway is a one-way in or one-way out drive, then the driveway
shall be a minimum width of 16 feet and shall have appropriate signage
designating the driveway as a one way connection.
b. For two-way access, each lane shall have a width of 12 feet and a
maximum of four lanes shall be allowed. Whenever more than two lanes
are proposed, entrance and exit lanes shall be divided by a median. The
median shall be 10 feet wide if three lanes are being proposed or 16 feet
wide if four lanes are proposed.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 164 of 262
c. Driveways that enter the major thoroughfare at traffic signals must have at
least two outbound lanes (one for each turning direction) of at least 12 feet
in width, and one inbound lane with 14 feet of width.
2. Driveways shall be located on the lowest order improved public roadway on
which the lot has frontage or a shared access point, unless ODOT and/or the
Planner determines that public safety would be better served through access on a
higher order roadway. For major subdivisions with private roadways, driveway
location will be determined during the PZC review process.
3. Driveway grades shall conform to the requirements of ODOT’s Location and
Design Manual, latest edition.
4. All entranceways must be designed so that all vehicles entering will not cross
over or into opposing lanes of traffic or a portion thereof.
5. Driveway approaches must be designed and located to provide an exiting vehicle
with an un-obstructed view. Construction of driveways along acceleration or
deceleration leans and tapers is prohibited discouraged due to the potential for
vehicular weaving conflicts (see Figure 18).
6. Driveway width and flair shall be adequate to serve the volume of traffic and
provide for rapid movement of vehicles off of the major thoroughfare, but
standards shall not be so excessive as to pose safety hazards for pedestrians,
bicycles, or other vehicles.
7. The length of driveways or “Throat Length” (see Figure 18) shall be designed in
accordance with the anticipated storage length for entering and exiting vehicles to
prevent vehicles from backing into the flow of traffic on the public street or
causing un-safe conflicts with on-site circulation. General standards appear in
Table 4 9 but these requirements will vary according to the projected volume of
the individual driveway. These measures generally are acceptable for the
principle access to a property and are not intended for minor driveways.
Variation from these shall be permitted for good cause upon approval of the
Planner.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 165 of 262
Figure 18: Driveway Location
Figure 19: Driveway Throat Length
INTERNAL SITE DESIGN
THROAT
LENGTH
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 166 of 262
Table 18: Generally Adequate Driveway Throat Lengths
LAND USE
SIZE
Light Industry
100,000 sq. ft.
300,000 sq. ft.
500,000 sq. ft.
30,000 sq. ft.
100,000 sq. ft.
20,000 sq. ft.
50,000 sq. ft.
< 100,000 sq. ft.
300,000 sq. ft.
500,000 sq. ft.
> 700,000 sq. ft.
15,000 sq. ft.
30,000 sq. ft.
2,000 sq. ft.
4,000 sq. ft.
100,000 sq. ft.
300,000 sq. ft.
500,000 sq. ft.
700,000 sq. ft.
150 Rooms
100 Units
200 Units
Discount Store
Supermarket
Shopping Center
“Sit-Down”
Restaurant
“Drive-In”
Restaurant
Office Building
Motel
Apartment
TYPE OF ROAD
ARTERIAL1
100
2503
4004
100
2503
75
2003
1503
3004
4004
5004
50
75
50
75
1503
3004
4004
5004
75
50
75
COLLECTOR2
75
2503
3004
75
2003
75
1503
150
2504
3504
4504
50
50
50
50
150
2504
3504
4504
50
25
50
Notes: Throat lengths are shown for a single lane based on applying ITE trip generation
rates to the formula N=2qr, where q = “vehicles per lane per second” and r = “effective
red time in seconds”.
1
Assumes 60 second red cycle (90 second cycle)
2
Assumes 50 second red cycle (90 second cycle)
3
Requires multiple lanes or access points
4
Requires multiple lanes and access points
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 167 of 262
Section 8.35 Requirements for Outparcels and Phased Development Plans
1.
In the interest of promoting unified access and circulation systems,
development sites under the same ownership or consolidated for the
purposes of development and comprised of more than one building site
shall not be considered separate properties in relation to the access
standards of these Regulations. The number of connections permitted
shall be the minimum number necessary to provide reasonable access to
these properties, not the maximum available for that frontage. All
necessary easements, agreements, and stipulations required under Section
8.31 shall be met. This shall also apply to phased development plans. The
owner and all lessees within the affected area are responsible for
compliance with the requirements of these Regulations.
2.
All access to the out parcel must be internalized using the shared
circulation system of the principle development or retail center. Access to
out parcels shall be designed to avoid excessive movement across parking
aisles and queuing across surrounding parking and driving aisles.
3.
The out parcels shall have a minimum lineal frontage of 300 feet per out
parcel or greater where spacing standards for that roadway require. This
frontage requirement may be waived where access is internalized using the
shared circulation system of the principle development or retail center. In
such cases the right of direct access to the roadway shall be dedicated to
the Village and recorded with the deed.
Section 8.36 Nonconforming Access Features
1.
Permitted access connections in place as of the effective date of these
Regulations that do not conform with the standards herein shall be
considered as nonconforming features and shall be brought into
compliance with applicable standards under the following conditions:
a.
b.
c.
d.
2.
When new access connection permits are requested;
Substantial enlargements or improvements;
Significant change in trip generation; or
As roadway improvements allow.
If the principle activity on a property with nonconforming access features
is discontinued for a consecutive period of 2 years, then that property must
thereafter be brought into conformity with all applicable connection
spacing and design requirements, unless otherwise exempted by the
Planner.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 168 of 262
Section 8.4
Multi-Family, Commercial, & Industrial Development
Section 8.40 Corridor Congestion Prevention Overlay
1.
The minimum lot frontage for all parcels with frontage on all arterials
shall not be less than the minimum connection spacing standards of that
thoroughfare, except as otherwise provided in this section. Flag lots shall
not be permitted direct access to the thoroughfare and interior parcels shall
be required to obtain access via a public road in accordance with the
requirements of this code.
2.
The following requirements shall apply to segments of thoroughfares that
are planned for commercial or intensive development. All land in a parcel
having a single description or deed number, as of the effective date of
these Regulations fronting on major thoroughfares, shall be entitled one
(1) driveway/connection per parcel as of right on said public
thoroughfare(s). When subsequently subdivided, parcels designated
herein shall provide access to all newly created lots via the permitted
access connection. This may be achieved through subdivision roads, joint
and cross access, service drives, and other reasonable means of ingress
and egress in accordance with the requirements of these Regulations. The
following standards shall also apply:
a.
b.
c.
d.
Parcels with large frontages may be permitted additional driveways
at the time of adoption of these requirements provided they are
consistent with the applicable driveway spacing standards.
Existing parcels with frontage less than the minimum connection
spacing for that corridor may not be permitted a direct connection
to the thoroughfare under this section where the Planning
Commission determines alternative reasonable access is available
to the site. [Note – The Planning Commission could allow for a
temporary driveway with the stipulation that joint and cross access
be established as adjacent properties develop.]
Additional access connections may be allowed where the property
owner demonstrates that safety and efficiency of travel on the
thoroughfare will be improved by providing more than one access
to the site.
No parking or structure other than signs shall be permitted within
25 feet of the roadway right-of-way. The 25-foot buffer shall be
landscaped with plants suitable to the soil and in a manner that
provides adequate sight visibility for vehicles exiting the site.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 169 of 262
Section 8.41 Reverse Frontage
1.
Access to double frontage lots shall be required on the street with the
lower functional classification.
2.
When a residential subdivision is proposed that would abut an arterial, it
shall be designed to provide through lots along the arterial with access
from a frontage road or interior local road. Access rights of these lots to
the arterial shall be denied and recorded with the deed. A berm, buffer,
and/or sound barrier per O.D.O.T. standards may be required at the rear of
through lots to buffer residences from traffic on the arterial. The berm,
buffer and/or sound barrier shall not be located within the public right-ofway.
Section 8.42 Shared Access or Common Access Driveway
1.
Lot created with frontage on a classified roadway may be required to be
designed with a shared access point to and from the roadway. Normally a
maximum of two accesses shall be allowed when the number of lots or
businesses served is greater than 3 (see Figure 20).
2.
The shared access drive will need to be constructed by the developer as a
condition of final approval of a development plan.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 170 of 262
Figure 20: Shared Access
Lot #1
Lot #2
Lot #3
Lot #4
Shared Access Point
Shared Access Point
Driveway Spacing Requirement
ROW
Section 8.43 Connectivity
1.
The street system of a proposed subdivision shall be designed to
coordinate with existing, proposed, and planned streets outside of the
subdivision as provided in this section.
2.
Wherever a proposed development abuts land that has not been platted or
a future development phase of the same development, street stubs shall be
provided as deemed necessary by the Planning Commission to provide
access to abutting properties or to logically extend the street system into
the surrounding area. For these purposes either a street extension or street
stub shall be used as provided in Section 4.1.
3.
Collector streets shall intersect with collector or arterial streets at safe and
convenient locations.
4.
Minor collector and local residential access streets shall connect with
surrounding streets to permit the convenient movement of traffic between
residential neighborhoods or facilitate emergency access and evacuation,
but such connections shall not be permitted where the effect would be to
encourage the use of such streets by substantial through traffic.
Section 8.44 Private Streets (except Commercial/Industrial)
1.
Private roads may be permitted in accordance with the requirements of
this section and the following general standards shall apply:
a.
All roadways shall be constructed to public road structural design
specifications, be subject to inspection, and have an easement of a
minimum of sixty feet in width.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 171 of 262
b.
c.
d.
e.
f.
Private roads that by their existence invite the public in shall have
all traffic control features, such as striping or markers, in
conformance with the Ohio Manual of Uniform Traffic Control
Devices.
The minimum distance between private road outlets on a single
side of public road shall be 550 feet, or less where provided by
access classification and standards for state roads and local
thoroughfares.
All properties served by the private road shall provide adequate
access for emergency vehicles and shall conform to the approved
local street numbering system.
All private roads shall be designated as such and will be required
to have a sign and name meeting Planner standards and shall
include the following notice: “Private Road-not publicly
maintained”.
All private roads shall have a posted speed limit not to exceed
twenty miles an hour.
2.
Applications for subdivision approval that include private roads shall meet
all of the requirements of these Regulations.
3.
No private road shall be incorporated into the public road system unless it
is built to public road specifications of the Planner and adopted by the
Village Council. The property owners or applicable authority shall be
responsible for bringing the road into conformance and also for
inspections, reports and certification of construction.
4.
Any plat served by a private road shall be maintained collectively by all
property owners along that road; that the Village shall not be held
responsible for maintaining or improving the private road; and that a rightof-way easement to provide the only access to that property has been
recorded in the deed for that property.
Section 8.45 Site Plan Procedures
1.
2.
Applicants shall submit a preliminary site plan for review by the Planner,
as required in Article 3 of these Regulations.
The site plan review shall address the following access considerations:
a.
b.
The road system must be designed to meet the projected traffic
demand and the road network should consist of a hierarchy of
roads designed according to function.
The road network should follow the natural topography and
preserve natural features of the site as much as possible. In
addition, the road alignments should be planned so as to minimize
grading requirements.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 172 of 262
c.
d.
e.
f.
g.
h.
All access points must be properly placed in relation to sight
distance, driveway spacing, and other related considerations.
Entry roads must be clearly visible from the connecting
thoroughfare.
All residential dwellings must front on residential access streets
(local street, minor collector, marginal access street, or cul-de-sac)
rather than major roadways (major collector, minor and major
arterials). This is also preferable for commercial and industrial
buildings.
Automobile movement within the site should be designed to
prevent vehicles accessing the site from having to use the
peripheral road network.
The road system must provide adequate access to the buildings for
residents, visitors, deliveries, emergency vehicles, garbage
collection and ADA Compliant pedestrian access.
If sidewalks are provided alongside the road, they must be set back
sufficiently from the road and a planting strip between the road and
the sidewalk must be provided.
A pedestrian path system should link buildings with parking areas,
entrances to the development, open space, and recreational and
other community facilities.
3.
The Planner reserves the right to require the developer to undertake a
traffic impact study in accordance with Section 8.2 where safety is an
issue or where significant problems already exist
4.
Within 30 days from filing the application, applicants must be notified by
the Planner if any additional information is needed to complete the
application.
5.
Any application that involves access to the State Highway System shall be
reviewed by the Ohio Department of Transportation for conformance with
state standards. Where the applicant requires access to the State Highway
System, and a zoning change, or subdivision or site plan review is also
required, development review may be coordinated with the Ohio
Department of Transportation, as follows:
a.
A congestion prevention/ site plan review committee that includes
representatives of ODOT traffic operations, access permitting, and
the local government may review the application. The committee
shall inform the developer what information will be required for
access review. Information required of the applicant may vary
depending upon the size and timing of the development, but shall
at a minimum meet the requirements of this article.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 173 of 262
b.
Upon review of the application, the congestion prevention review
committee shall advise the Planner whether to approve the access
application, approve with conditions, or deny the application.
6.
If the application is approved with conditions, the applicant shall resubmit
the plan with the conditional changes made. The plan, with submitted
changes, will be reviewed within 10 working days and approved or
rejected.
7.
If the access permit is denied, the Planner shall provide an itemized letter
detailing why the application has been rejected.
8.
The Licking County Building Code Department shall not approve any
building plans for a structure on a lot with access to a classified roadway
without the site plan having been stamped by PZC staff “Approved—No
plat required,” signed, and dated.
Section 8.5 Variance Standards
1.
The granting of the variation shall be in harmony with the purpose and
intent of these Regulations and shall not be considered until every feasible
option for meeting access standards is explored.
2.
Applicants for a variance from these standards must provide proof of
unique or special conditions that make strict application of the provisions
impractical. This shall include proof that:
a.
b.
c.
Indirect or restricted access cannot be obtained;
No engineering or construction solutions can be applied to mitigate
the condition; and
No alternative access is available from a street with lower
functional classification than the primary roadway.
3.
Under no circumstances shall a variance be granted, unless not granting
the variance would deny all reasonable access, endanger public health,
welfare or safety, or cause an exceptional and undue hardship on the
applicant. No variance shall be granted where such hardship is selfcreated.
4.
Emergency access-point drives shall not require a variance from spacing
requirements for driveways or roads provided that they are limited to use
by emergency equipment only.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 174 of 262
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 175 of 262
ARTICLE 9 REVISIONS AND ENFORCEMENT
Section 9.0 Transfer or Lease of Land
No owner or agent of the owner of any land located within a subdivision shall transfer or
sell any land by reference to, exhibition of, or use of a plat of the subdivision before such
plat has been approved and recorded in the manner prescribed in these regulations. The
description of such lot or parcel by metes and bounds in the instrument of transfer or
other documents used in the process of selling or transferring shall not exempt the
transaction from the provisions of these regulations.
Section 9.1 Schedule of Fees, Charges, and Expenses
The Village Council shall establish a schedule of fees, charges, and expenses. The
schedule of fees shall be available in the office of the Village Council, and may be
altered, or amended by the Village Council. Until all applicable fees, charges, and
expenses have been paid in full, no action shall be taken on any application or appeal.
All such payments shall be made payable to the Village of Johnstown. (Appendix IX)
Section 9.2 Recording of Plat
No plat of any subdivision, replatted subdivision, minor land division, or exempted minor
subdivision shall be recorded by the County Recorder of Licking County or have any
validity until said plat has received final approval by the PZC in the manner prescribed in
these regulations.
Section 9.20 Revision of Plat After Approval
No changes, measures, modifications, or revisions shall be made in any plat of a
subdivision, unless said plat is first submitted to the Commission, according to Section
3.7 and other relevant sections of these regulations.
Section 9.3 Penalties
1. Whoever violates any provision of these Regulations shall be subject to the
following enforcement actions, either individually or cumulatively, which ever
shall apply:
a. Whoever violates any provision in these Regulations or fails to comply
with any order according to these Regulations is creating a public
nuisance. The public nuisance may be abated by action at suit of Village
of Johnstown or any resident of Village of Johnstown.
b. Whoever violates any rule or regulation adopted by the Village Council
found in Article 5 shall be subject to the enforcement provisions in Section
5.6 of these Regulations.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 176 of 262
c. Whoever violates any rule or regulation adopted by the Village Council
found in Article 6 shall be subject to the enforcement provisions found in
Section 6.16 of these Regulations
d. Whoever violates any rule or regulation adopted by the Village Council
found in Article 7 shall be subject to the enforcement provisions found in
Section 7.2 of these Regulations.
e. Whoever violates these Regulations shall forfeit and pay not less than
$100 or more than $1,000 per article of offense per day. Until all
violations are corrected, the Planner may refuse Final Plat approval until
all fees and fines are paid. Such sum may be recovered with costs in a
civil action brought in the Court of Common Pleas of Licking County.
f. Each such person shall be deemed guilty of a separate offense for every
day during which any violation of any provisions of these regulations,
including any physical condition created in violation hereof, continues or
is committed by such person and shall be punished as provided herein.
2. A County Recorder who records a plat contrary to the provisions of these
regulations shall forfeit and pay not less than $100 nor more than $500, to be
recovered with costs in a civil action by the Prosecuting Attorney in the name and
for the use of Licking County.
3. Whoever, being the owner or agent of the owner of any land outside a municipal
corporation, transfers any lot, parcel, or tract of land from or in accordance with a
plat of a subdivision before such plat has been recorded in the office of the
County Recorder, shall forfeit and pay the sum of not less than $100 nor more
than $500 for each lot, parcel, or tract of land so sold. The description of such lot,
parcel, or tract by metes and bounds in the deed or transfer shall not serve to
exempt the seller from the forfeiture provided in this section. If such land is
within a municipal corporation, such sum may be recovered in a civil action
brought in the Court of Common Pleas of Licking County.
Section 9.4 Variances
The Village Planner may grant variances to these Regulations as specified herein where
unusual or exceptional factors or conditions require such modification. Where the
Planning Commission finds extraordinary hardships or practical difficulties may result
from strict compliance with these Regulations and/or the purposes of these Regulations
may be served to a greater extent by an alternative proposal, it may approve variances to
these Regulations so that substantial justice may be done and the public interest secured,
provided such variance shall not have the effect of nullifying the intent and purpose of
these Regulations; provided that the Village Planner shall:
1. Determine that the size, shape, location or surroundings of the property are
unusual; find that unusual topographical or physical conditions, or other
conditions inherent in the land exist.
2. Determine that a strict compliance with these Regulations would create an
extraordinary and unnecessary hardship in the face of the exceptional conditions.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 177 of 262
3. Permit any modification to depart from these Regulations only to the extent
necessary to equitably remove the hardship so that substantial justice is done.
4. Determine that any modification granted will not be detrimental to the public
interest nor in conflict with the spirit, intent and purpose of these regulations.
5. Require such other conditions to be met by the proposed plat as the Village
Planner may find necessary to accomplish the purposes of these Regulations when
modified.
6. Determine that a strict compliance with these Regulations would deprive the
property of privileges enjoyed by similar property in the vicinity.
7. In making its determinations, the Village Planner may also consider:
a. Whether the property will yield a reasonable return or whether there can
be any beneficial use of the property without the variance.
b. Whether the essential character of the neighborhood will be altered or
whether adjoining properties would be adversely affected as a result of the
variance.
c. Whether the variance would adversely affect the delivery of governmental
services.
8. In granting variances or modifications, the Planner may require special
conditions, which, in its judgment, secure the objective of the standards or
requirements so varied or modified. All variances shall be requested in writing on
forms provided by the Commission at the time of preliminary and/or final plat
submission. A petition for any such variance shall state fully the grounds for the
application and all the facts relied upon by the petitioner.
Note: In the event that the applicant requires a variance from the Village Regulations,
the applicant must receive written confirmation of the Village’s variance being
granted before the Planner will review the requested variance.
No appeal or variance will be taken back for reconsideration by the Village
Planner unless substantial changes have been made from the original variance
request.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 178 of 262
Section 9.5 Appeal of Decision of Planning and Zoning Commission
Any person who believes they have been aggrieved by these regulations or the action of
the PZC has all the rights of appeal as set forth in Chapter 711 of the Ohio Revised Code
or any other applicable section of the Ohio Revised Code.
Section 9.50 Appeal of Decision of Planning and Zoning Commission Director
Any person who believes that they have been aggrieved by an opinion of the Director of
the PZC regarding the Director’s Interpretation of these regulations may appeal in writing
the directors interpretation to the PZC. Notice of such appeal shall be given to the PZC
within thirty (30) working days of such interpretation and at least fifteen (15) working
days before such appeal is presented to the PZC for consideration.
Such appeal shall be in writing and shall state the Article, Section, and title of the
regulations being appealed. As well as their interpretation of such regulation and why
they believe the Director’s interpretation is erroneous.
Section 9.6 Vacating of Plats
Any person wishing to or vacate any recorded subdivision shall follow requirements of
the Ohio Revised Code, Chapter 711.25. If the vacating of the plat creates dead-end
streets, the developer shall install cul-de-sacs or turn-arounds suitable to the Village
Engineer, Village Council, and Planner.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 179 of 262
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 180 of 262
ARTICLE 10 ENACTMENT
Section 10.0 Effective Date
These regulations shall become effective from and after the date of their approval and
adoption by the Planner and Village Council after a public hearing and certification to the
Licking County Recorder. Henceforth, any other regulations previously adopted by the
Planner shall be deemed to be repealed. These regulations shall in no way affect any
affect any subdivision having received preliminary plan approval prior to the effective
date provided that no changes to the preliminary plan, as approved, are introduced by the
subdivider.
Mayor, Village Council
Village Planner
Adopted – ___________20__.
Attested
Village Clerk/Administrator
Filed for record this ____ day of ______________, 20____, at _________ (AM –PM).
Recorded this ____ day of ______________, 20 ____.
________________________
Effective Date:
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 181 of 262
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 182 of 262
APPENDIX I – RESERVED FOR FUTURE USE
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 183 of 262
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 184 of 262
APPENDIX II - REQUIRED STATEMENTS AND SIGNATURES TO BE
AFFIXED ON THE PLATS
REQUIRED STATEMENTS
The following statements shall be affixed on the subdivision plat:
Situated in Section _____, Township __________, Range ________, __________
County, Ohio. Containing _____ acres being the same tract as conveyed to
_______________ and described in the deed recorded in the Deed Book __________
County, Ohio.
The undersigned _______________ hereby certify that the attached plat correctly
represents their _______________, a subdivision of lots _____ to _____ inclusive, and to
hereby accept this plat of same and dedicate to public use as such all or parts of the roads,
boulevards, cul-de-sacs, reserves/easements for future access, parks, planting strips, etc.,
shown dedicated.
The undersigned further agrees that any use of improvements made on this land shall be
in conformity with all existing valid zoning, platting, health, or other lawful rules and
regulations including the applicable off-street parking and loading requirements of
Village of Johnstown, Ohio, for the benefit of himself/herself and all other subsequent
owners or assigns taking title from, under, or through the undersigned.
In witness thereof ___ day of __________, 20___.
Witness __________________
Signed __________________
We do hereby certify that we have surveyed the premises and prepared the attached plat
and that said plat is correct.
By ________________________
Registration Number__________
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 185 of 262
Before me, a Notary Public in and for said State personally appeared ________________,
who acknowledged the signing of the foregoing instrument to be their voluntary act and
deed for use and purposes therein expressed.
In witness thereof, I have hereunto set hand and affixed by official this ___ day of
____________, 20___.
By _________________________
My Commission Expires________
Approved this ___ day of ____________, 20___.
_____________________
Village of Johnstown Engineer
(NOTE: One or more of the next three must be on the plat, depending on the jurisdiction
of the site: Village of Johnstown Water and Wastewater Department. If public sewer and
water are to be used at the time of development, the plat need not be signed by the
County Board of Health).
Approved this ___ day of ____________, 20___.
____________________________
Village of Johnstown Water and
Wastewater Department
Approved this ___ day of ____________, 20___.
_______________________________
Village Planner
Approved this ___ day of ____________, 20___.
VILLAGE COUNCIL
__________________________________
__________________________________
__________________________________
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 186 of 262
(NOTE: Approval of this plat by the Village Council does not constitute an acceptance of
the dedication of any public street, road or highway dedicated on such plat, Section
711.04 and 711.041 of the Ohio Revised Code).
Transferred this ___ day of ___________, 20___.
____________________
Licking County Auditor
Filed for record this ___ day of ____________, 20___, at ______ (AM-PM).
Recorded this ___ day of ___________, 20___, as instrument number_____________.
_____________________
Licking County Recorder
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 187 of 262
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 188 of 262
APPENDIX III - SAMPLE WATERCOURSE EASEMENT
The following restrictions shall apply specifically to lots number _____ and _____.
Watercourse means storm flow above and below ground level.
1. No structure or improvements or any kind, including sheds, fences, flower beds,
rock gardens and trees (but excluding grass and approved bank protection), shall
be erected or planted within the easement provided for the watercourse.
2. No owner shall take any action or permit any action to be taken that might change
or divert the flow of the watercourse, nor shall he/she, within the easement
provided, alter the ground level or the course of the stream as shown on this plat.
An owner may provide riprap, walls or other bank protection upon securing
written approval from the Village Engineer’s Office and a recommendation of the
Village of Johnstown Soil and Water Conservation District or the Licking County
Flood Plain Administrator.
3. Every owner of property along the watercourse shall maintain the portion of said
watercourse in his/her property and keep the same free of debris and obstruction
of all kinds. The Village shall be free of any responsibility toward maintaining
the watercourse, unless that watercourse is an established Village ditch under an
existing maintenance agreement.
4. These restrictions and agreements shall run with the land and shall bind the
owner, his/her successors and assigns unless and until a modification or change
thereto is agreed to and approved by Village of Johnstown.
5. Said restrictions and agreements may be enforced by Village of Johnstown and its
successors and assigns, and are for the benefit of said Village and owners of
neighboring property in such proximity to the above described premises that the
violation of said restriction and agreements would adversely affect the value of
such property or the enjoyment of the use thereof.
6. The failure of said Village to take prompt action by injunction or otherwise with
regard to a violation of any of these restrictions and agreements shall not be
deemed to be a waiver of its (Village) rights to take action for said violation or
any further violation of any said restrictions and agreements, and existing Flood
Damage Prevention Regulations.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 189 of 262
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 190 of 262
APPENDIX IV - COMMON ACCESS DRIVE EASEMENT AND SHARED
MAINTANENCE AGREEMENT
Wording for Deed Requiring Shared Access Point
The following wording is to be placed in the deeds of the parcels that will share
an access point. This wording or similar wording approved by the Planner Staff
shall be placed in the deeds of all properties which will gain access from the
shared driveway or access point.
[GRANTOR] for valuable considerations paid and the agreements set forth below,
hereby grants to [GRANTEE], a shared access easement for common driveway
purposes appurtenant to and for the common use and benefit of
(residential/industrial/commercial) buildings to be located upon each lot respectively
for a perpetual, common, non-exclusive means of ingress and egress from said lots to
[ROAD NAME] over the following real property:
Provide Legal Description or reference attached Legal Description.
In consideration of the premises, grant of the easement, covenants contained herein
and other good and valuable consideration, Grantor and Grantee hereby agree that
Lots [#] and [#] are hereafter subject to this perpetual and non-exclusive shared
access easement and the maintenance agreement contained herein and the owners of
said lots, the heirs, successors and assigns shall take ownership subject to them. The
parties further agree:
1. Said shared driveway shall be appurtenant to Lots [#] and [#] for the use and
benefit of the owners of said lots, their heirs, successors, assigns, successors in
title and all persons using the same for the benefit of any of them to freely
pass and repass on foot or with vehicles for all lawful purposes incident or
proper to the use and enjoyment of their lands.
2. The improved surface of the driveway shall be located in the center of the
easement and shall have a maximum width of fourteen (14) feet with the
exception of the driveway apron where the improved driveway surface meets
the improved public right-of-way of [ROAD NAME] One-half of the
improved driveway surface shall be upon the land of Lot [#] and the other half
should be upon the land of Lot [#] with the common property line between
said tracts being the centerline of said driveway located within the confines of
the twenty (20) foot wide easement.
3. The parties shall jointly maintain, improve and keep in good repair the
easement described herein and improvements thereon and shall mutually
agree upon all maintenance, improvement and repair. The terms
“maintanence”, “improvement”, and “repair”, in the context of this easement
shall generally refer to, but shall not be limited to, the following activities:
 The placement of gravel, stone, cement, or bituminous aggregate
within the improved driveway and apron area.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 191 of 262

The removal and/or trimming of vegetation and tree debris within the
easement area where applicable.
 The removal of snow and mud within the easement area.
 The surface preparation and sowing or erosion control seed material
outside of the improved driveway are to mitigate erosion and offsite
sedimentation.
4. Each owner(s) of Lots [#] and [#] shall have the obligation of maintaining the
easement and shall share the cost of maintaining and repairing the easement,
improved driveway and other improvement(s) in the following proportions:
Fifty percent (50%) of the cost shall be borne by the owner(s) of Lot [#]
Fifty percent (50%) of the cost shall be borne by the owner(s) of Lot [#]
5. Any damage or change resulting from the extraordinary uses such as
construction traffic usage caused by the owner(s) of either lot, other than
ordinary wear and tear, shall be repaired and paid by such owner(s). Said
completed repairs shall meet or exceed the condition of the driveway at its
pre-disturbed state and shall be completed within 30 days from the date of
damage.
6. If any owner improves the improved driveway beyond the specifications
mutually agreed upon by the owner(s) of Lots [#] and [#], the Lot owner(s)
making the improvement shall do so at their own expense. The other lot
owner(s) shall not be held responsible for maintaining the drive beyond the
construction specifications mutually agreed upon, but shall remain obligated
to pay its share of the maintenance expenses up to the mutually agreed upon
construction specification. Furthermore, if the owner(s) of a Lot makes
improvements or repairs to the driveway without the prior written agreement
of the abutting lot owner(s), said owner(s) shall bear the entire cost of said
repair and/or improvement.
7. The owners of Lots [#] and [#] shall be required to construct and maintain, at
their own expense, access driveways situated on each individual lot for
connection to the common driveway. Neither lot owner shall obstruct or
permit obstruction of said shared driveway in any manner whatsoever. The
parking of vehicles within the improved surface area of the driveway is such
manner that restricts access is prohibited.
8. In the event of a dispute regarding maintenance, improvement or repair arises
between the owner(s) of Lots [#] and [#] of for the costs thereof, said dispute
shall be submitted to resolution by binding arbitration. Except as otherwise
provided herein, arbitration shall be pursuant to the provisions of Chapter
2711 of the Ohio Revised Code. Within fifteen (15) days after an owner(s)
gives written notice to the other of the dispute or controversy and demands
arbitration, the parties shall mutually agree upon an independent arbitrator. If
the parties are unable to agree, an arbitrator shall be appointed as provided in
Ohio Revised Code Chapter 2711. The arbitration hearing shall be held no
more than 45 days from the appointment of the arbitrator, and shall make a
decision within 30 days of the hearing, unless the owners agree in writing to
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 192 of 262
an extension. The parties shall share equally all costs of arbitration.
This easement or the covenants herein may be modified only upon the written
agreement of all of the owners of Lots [#] and [#]. No modification shall be
effective until it is recorded in the Licking County Recorder’s Office.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 193 of 262
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 194 of 262
APPENDIX V - SAMPLE HOMEOWNERS ASSOCIATION AGREEMENT
(SUBDIVISION NAME) SECTION (NUMBER(s))
DECLARATION OF COVENANTS, EASEMENTS,
RESTRICTIONS, ASSESSMENT LIENS AND (SUBDIVISION
NAME) ASSOCIATION
The following examples of wording for Homeowners Associations, and deed restrictions
that should be incorporated in associations and Restrictions. There is a summary list of
what restrictions that are recommended and restrictive wording that will be required to be
part of deed restriction wording that cannot be amended by Home/Lot owner without
approvals of the appropriate authorities.
1. Articles of Incorporation of Homeowners Association, Summary of Articles
A. Must be in compliance with the laws of O.R.C. 1702 – Nonprofit
corporations.
B. Name of Association
C. Purpose and powers
D. Establish Board of Trustees
E. Notice of Association and/or Board of Trustees meeting and quorum.
F. Indemnification
a. Third Party Action
b. Derivative Actions
c. Rights after successful defense
d. Other determinations of rights
e. Indemnification of Trustees
f. Advances of Expenses
g. Non-exclusiveness: Heirs
h. Purchase of Insurance
G. Net Earning and Dissolution
H. Definitions
I. Amendments
2. Deed Restriction/Covenants, Easements, and Assessment Liens
The Deed Restrictions should provide for a written statement on what is or is not
permitted within a subdivision. This may range from Use of Land, Types or square
footage dwelling units and other permitted land use, etc. The Homeowners Association
enforces deed restrictions/covenants and is not zoning regulations regulated by Village.
There may be Deeds Restrictions. The ? are regulated by the Health Department, Water
and Sewer providers, Planning Commission, and these deed restrictions cannot be
amended by a vote of Homeowners and/or Board of Trustees, without the approval of
appropriate authority. Example: Subdivision developed with on-lot water wells and
septic systems and central water and sewer become available. This would require the
County Health Department to approve the removal of deed restriction wording that is
required for lots originally developed with water wells and septic systems.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 195 of 262
The following is a summary of items that may be incorporated within deed
restriction/covenants.
A. Identification or description of subdivision, date, and lot numbers.
B. Background or purpose
C. Land Use
D. Requirements for approval
E. Building standards
1. Minimum building area
2. Accessing buildings and/or structures
3. Driveways
4. Materials and finishes
5. Roofing
6. Sewage and water systems *
7. Fences
8. Pools
9. Accessory items
10. Landscaping
11. Miscellaneous
 Restriction that may not be amended without Health Department
approval.
F. Formation of Association
G. Background
H. Powers; Authority; Duties
I. Membership
J. Voting
K. Assessments
L. Maintenance – Open Space, common areas, subdivision entrance features, etc.
M. Successor
N. Terms or time limits on deed restrictions
O. Enforcement
P. Severability
Q. Property subject to restrictions
R. Additional property
S. Acceptance or certification that the lot owner has been provided a copy of Deed
Restrictions.
3. Deed Restrictions that cannot be amended without appropriate authority
approval
The following covenants, easements, restriction, assessment liens can not be amended by
Association’s vote unless the appropriate state, county District authority approves of such
amendment in writing. (Example): The subdivision has on lot well and sewer systems and
central water and sewer becomes available.)
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 196 of 262
1. The _________________Subdivision was developed within the subdivision
regulations of Village of Johnstown and there are all/certain parts are under Village ditch
maintenance (Ohio Revised Code 6137) and the lot owners within the
_______________________ Subdivision will be assessed an annual maintenance fee for
the maintenance of Ditch and/or other related storm water control structures,
detention/retention ponds, etc. The assessments will be placed on the annual tax
(bill?/Assessment? From the Village of Johnstown Treasurer.
(Note) The following could be added to the covenants, or as appendixes.
1. Copy of Plat (reduced) showing what is under Village Ditch Maintenance, or
description or list of what is under Village Maintenance.
2. Copy of original ditch maintenance petition.
3. The ________________________subdivision was developed with roadside
drainage ditches for storm water control and discharge of such stormwater. No
alternating, filling or any changes to the roadside ditch shall be done with the
approval of the _______________________Village Council or their designee, or
the Village Engineer. It is important to understand that these road ditches were
originally designed to maintain stormwater control within the subdivision for
control, protection of streets, and prevent flooding of areas within the subdivision.
The filling in roadside ditches can cause additional maintenance and flooding to
streets and lots, without the approvals from the appropriate local authorities.
4. Common Access Drives
(CAD): See appendix__________________?
5. Dry Hydrant Maintenance
The ________________________Subdivision has a dry hydrant (s) for fire
protection to be utilized by the local fire departments(s) (District). It shall be the
responsibility of the homeowners Association to maintain this dry hydrant. It will
be the responsibility of the local fire Department/District to inspect and test such
dry hydrant(s) and provide a maintenance report to the Homeowners Association
on maintenance repairs required to keep such hydrant(s) operational.
Maintenance repairs shall be completed and inspected in a time frame agreeable
to both the Fire Department/District and Homeowners Association. If repairs are
not completed within a time frame satisfactory to the Fire Department/District, the
Fire Department/District may proceed with having the repairs completed and the
cost of such repairs will be charged to pay the cost back to the Fire Department.
Maintenance is not limited to just the dry hydrant, but may include access drive or
pad and anything related to function, access and operational use of the dry
hydrant(s).
6. School Bus Stops
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 197 of 262
The ______________Subdivision has __________________bus stops with the
subdivision. It shall be the responsibility of the Homeowners Association to
maintain school bus stop(s). This shall include shelter(s), if any access pavement,
and related improvements to bus stops area.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 198 of 262
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 199 of 262
APPENDIX VI - SAMPLE CROSS ACCESS AGREEMENT
(similar wording approved by the Planner Staff may be used.)
Reciprocal Easement Agreement
This Reciprocal Easement Agreement (hereinafter the “Agreement”) made this ____ day
of _______________, 20___, by and between ____(Party 1 (full name))____, an
_____(individual(s), corporation/company)_____ of _____(Address of Party 1 (if
company add “with offices at” (address))_____ (hereinafter ___”Party 1”___ and
_____(Party 2 (full name))_____, an _____(individual(s), corporation/company)_____ of
_____(address of Party 2(if company add “with offices at” (address))_____ (hereinafter
___”Party 2”___.
RECITALS
A
___(Party 1)___ is/are the fee owner(s) of the real property (hereinafter the __(”Party
1”)__ Property) situated in the State of Ohio, County of Licking, Village of Johnstown,
and more fully described in Exhibit A, attached hereto and made a part of hereof.
B
The Party 2 is/are the fee owner(s) of the real property (hereinafter the __”Party
2__Property”) situated in the State of Ohio, County of Licking, Village of Johnstown,
and more fully described in Exhibit B, attached hereto and made a part of hereof.
C
The ___(Party 1)___ Property and the ___(Party 2)___ Properties are adjacent to each
other and are located and configured generally as shown in Exhibit C, attached hereto and
made a part hereof.
D
___(Party 1)___ owns and is developing on his/her/their property a ____(what is
proposed- example: single-family residential home, commercial, etc.)____.
E
___(Party 2)___ owns and ((add “operates” if existing business or “resides” if existing
residence)) (if the land is being developed add “and is developing”) a ___(what is exits or
is proposed-example: building for retail commercial use)___ on their property.
F
___(Party 1)___ and ___(Party 2)___ desire to grant certain reciprocal easements with
respect to the ___(Party 1)___ Property and ___(Party 2)___ Property to permit
reciprocal, mutual access form the ___(Party 2)___ Property to the ___(Party 1)___
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 200 of 262
Property and from the ___(Party 1)___ Property to the ___(Party 2)___ Property through
a curb cut (the “Access Point”) to be installed at a point approximately ___(distance)___
feet ___(direction)___ of the ___(direction 2)___ boundary of the ___(Party 1 or 2)___
Property.
Now therefore, in consideration of the mutual covenants hereinafter contained and other
good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties hereto, intending to be legally bond, do hereby agree as
follows:
1. Identification and Installation of Access Point: The “Access
Point” shall be a curb cut made in the ___(direction 2) property line of the
__(Party 1 or 2)___ (which property line is the ___(opposite direction
2)___ property line of the ___(Party 2 or 1)___ Property), with the
intention of aligning the Access Point with the ___(direction 2)___ most
drive lane on the ___(Party 2)___ Property. This curb cut shall not be less
than ___ feet and not more than ____ feet wide, and it shall begin at the
point located approximately ___(distance)___ feet ___(Party 2)___ from
the boundary line of ___(Road Name)___ Road. Subject to the foregoing
parameters, the final location and width of the Access Point shall be
agreed upon by the parties in conjunction with the review of plans
provided for in the next following sentence, which agreement neither party
shall unreasonable withhold. The curb cut for the Access Point shall be
constructed by ___(Party 1)___ subject to ___(Party 2)___ approval of the
plans therefore, which approval shall not be unreasonably withheld. In
constructing the curb cut for the Access Point, ___(Party 1)___ shall have
the right to remove any concrete or asphalt dividers ___(Party 2)___ may
have installed along the line of or which would obstruct the Access Point
and shall join the pavement on the ___(Party 2)___ Property and on the
___(Party 1)___ Property such that the two pavements are smoothly
connected. ___(Party 1)___ shall have a right of entry onto the ___(Party
2)___ Property during its construction of the Access Point in the
immediate vicinity reasonably needed for the construction thereof, only
during working hours (or otherwise agreed upon time) (i.e. no equipment
to be stored on the ___(Party 2)___ Property overnight), and only in such
manner as does not materially detract form ___(Party 2)___ ___(residence
or business)___. All damage to the ___(Party 2)___ Property outside of
the Access Point area shall be promptly repaired and best efforts shall be
utilized not to cause any such damage. The plans for the curb cut shall
include such traffic safety and directional signs (e.g. “stop” signs) as may,
in the opinion of a professional engineer, be necessary in the vicinity of
the Access Point to promote traffic safety, which signs ___(Party 1)___
shall and may install on either property, as such engineer may direct,
subject to the ___(Party 2)___ approval which shall not be unreasonably
withheld.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 201 of 262
2. Grants of Easement: A- Easement to ___(Party 1)___. The ___(Party
2)___ hereby grant to ___(Party1)___, his/her/their successors and
assigns, for his/her/their benefit and that of any and all tenants or
occupants of all or any part of the ___(Party 1)___ Property and their
respective licensees, invitees, customers, agents and employees, during the
term of this agreement, the non-exclusive, irrevocable easement and right
of way for pedestrian and vehicular traffic through the access point and
over and upon such driveways and parking areas as may exist from time to
time on the ___(Party 2)___ Property (including without limitation the
drive lanes thereon), together with the easement and right to use such
areas for pedestrian and vehicular passage, for access and ingress to, from
and across the ___(Party 2)___ Property and to and from the streets,
highways, and alleys adjacent to and abutting the ___(Party 2)___
Property. The ___(Party 2)___ warrant that he/she/they have fee simple
title to the ___(Party 2)___ Property, free of all liens and encumbrances
except real estate taxes and matters of record which would not prevent the
granting nor use of this easement.
B-Easement to ___(Party 2)___. The ___(Party 1)___ hereby grant to
___(Party 2)___, their successors and assigns, for his/her/their benefit and
that of any and all tenants or occupants of all or any part of the ___(Party
2)___ Property and their respective licensees, invitees, customers, agents
and employees, during the term of this agreement, the non-exclusive,
irrevocable easement and right of way for pedestrian and vehicular traffic
through the Access Point and over and upon such driveways and parking
areas as may through the access point and over and upon such driveways
and parking areas as may exist from time to time on the ___(Party 1)___
Property (including without limitation the drive lanes thereon), together
with the easement and right to use such areas for pedestrian and vehicular
passage, for access and ingress to, from and across the ___(Party 1)___
Property and to and from the streets, highways, and alleys adjacent to and
abutting the ___(Party 1)___ Property. The ___(Party 1)___ hereby
warrants(s) that he/she/they have fee simple title to the ___(Party 1)___
Property, free of all liens and encumbrances except real estate taxes and
matter of record which would not prevent the granting nor use of this
easement.
3. Maintenance-After initial construction of the access point is complete,
___(Party 1)___ shall be responsible for all pavement maintenance, traffic
and directional signage maintenance, repaving/resurfacing, striping
maintenance, landscape maintenance, trash and litter pickup, and snow
and ice removal on the ___(Party 1)___ Property, and ___(Party 2)___
shall be responsible for all pavement maintenance, traffic and directional
signage maintenance, repaving/resurfacing, striping maintenance,
landscape maintenance, trash and litter pickup, and snow and ice removal
on the ___(Party 2)___ Property.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 202 of 262
4. Insurance and Indemnity
A-During Construction- ___(Party 1)___ shall indemnify, defend and
hold harmless the ___(Party2)___ and all tenants or occupants of the
___(Party 2)___ Property from all loss, liability, suits, judgments, costs, or
expenses (including reasonable attorney fees) for incidents occurring on
either party’s property during the period of time between the date of
commencement and the date of completion of construction of the access
point and arising out of any act or omission of ___(Party 1)___, its
tenants, contractors, agents, or employees. During such construction
___(Party 2)___ shall carry public liability insurance against such
occurrences in the amount of at least ___(one million or other sum)___
dollars combined single limit coverage, with the ___(Party 2)___ as
additional insured, and shall assure that any contractor performing work
on the access point shall likewise carry public liability insurance in such
amount or greater, together with worker’s compensation coverage in
accordance with Ohio law.
B-After the initial construction of the access point is complete, ___(Party
1)___ shall indemnify, defend, and hold harmless the ___(Party 2)___ and
all tenants or occupants of the ___(Party 2)___ property from all loss,
liability, suits, judgments, costs, or expenses (including reasonable
attorney fees) arising out of any and all occurrences taking place on the
___(Party 1)___ Property. The ___(Party 2)___ shall indemnify, defend,
and hold harmless ___(Party 1)___ and all tenants or occupants of the
___(Party 1)___ Property from all loss, liability, suits, judgments, costs, or
expenses (including reasonable attorney fees) arising out of any and all
occurrences taking place on the ___(Party 2)___ Property. Each party
shall add the other, and, upon request, any tenant or occupant of the other,
as an additional insured to its public liability insurance policy, and shall
provide the other, upon written request, with a certificate attesting thereto.
The insurance certificate shall provide that the insurers shall give the
additional insured at least thirty (30) days prior written notice of any
intended cancellation of coverage. Each party’s public liability insurance
coverage shall be in the amount of at least ___(one million or other
amount)___ dollars, combined single limit coverage. Each party hereby
waives, for itself and any insurer providing it with liability insurance
coverage, the right of subrogation against the other party hereto and
against any tenant or occupant of such other party, for any and all claims
paid for occurrences arising directly or indirectly out of the use of the
easement created in this agreement.
5. No Public Dedication-It is mutually agreed that the grants contained in
this agreement are not intended and shall not be construed as a dedication
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 203 of 262
of the respective premises for public use, and the parties hereto will take
whatever steps may be necessary to avoid such dedication.
6. Running with the Land-Al of the easements, covenants, agreements,
conditions, and restrictions set forth in this agreement shall be construed
as covenants running with the land, binding upon, inuring to benefit of and
enforceable by the parties and their respective successors and assigns,
___for so long as each of the (Party 1) property and the (Party 2) property
are put to (residential/commercial) use, but if the use of more than 30% by
area of such property should change from (residential/commercial) use
(the “Changed Property”), the owner of such property shall have the
option on 30 days proper written notice to the owner of the changed
property___ to terminate this agreement and all easements, covenants,
restrictions, and conditions hereunder requires approval of the Village
Planner or, if annexed, its municipal equivalent.
7. Limited Recourse-Recourse by either party hereto against the other
party for any claim or liability arising in connection herewith shall be
limited to such other party’s interest in its respective parcel of real
property with which this agreement runs.
8. Notice-Any notice required or permitted by or to either of the parties
under this agreement shall be in writing and shall be deemed to have been
given when deposited in the United States mail, certified or registered
mail, return receipt requested and addressed as follows:
If to ___(Party 1)___:
___(Party 1 address)___
If
to
___(Party 2 address___
___(Party
2)___:
Either party may, at any time, change its address for the purposes of
mailing, as aforesaid, a notice stating this change and setting forth the new
address.
IN WITNESS WHEREOF, the parties hereto have duly executed this
agreement as of the day and year first above written.
WITNESS:____________________
BY:__________________________
ITS:__________________________
______________________________
______________________________
______________________________
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 204 of 262
______________________________
______________________________
______________________________
______________________________
______________________________
STATE OF OHIO
)
)
COUNTY OF LICKING
)
Before me, a Notary Public in and for said County, personally appeared
_________________________, (if individual: “an individual,” or if a
company: “of __________________________, “) who acknowledged the
signing and attestation of the foregoing Reciprocal Easement Agreement
to be his/her free act and deed, and as such (“officer” if a company) on
behalf of __________________________ for the uses and purposes set
forth therein.
IN WITNESS WHEREOF, I have hereunto signed my name and
affixed my official seal on the ___ day of _______________, 20___.
_________________________
NOTARY PUBLIC
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 205 of 262
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 206 of 262
APPENDIX VII - MINIMUM PAVEMENT COMPOSITION
ASPHALT CONCRETE
Int.
Surface
304 301
Course Course
CONCRETE PAVEMENT
304*
452
Cul-de-sac or Local
6”
Residential
Residential
Subcollector or Minor 6”
Collector
Major Collector or
6”
Minor Arterial
4”
1.75”
1.25”
4”
7”
5”
1.75”
1.25”
4”
8”
6”
1.75”
1.25”
4”
8”
6”
8”
1.75”
1.25”
4”
9”
Major Arterial
Industrial /
6”
8”
1.75”
1.25”
4”
9”
Commercial
* Alternative materials may be permitted, subject to the approval of the Village Engineer.
Notes:
1. The surface course shall consist of Item 448, Asphalt Concrete, Type 1,
PG 64-22 (Asphalt Binder).
2. The intermediate course shall consist of Item 448, Asphalt concrete,
Intermediate Course, Type 2, PG 64-22.
3. With asphalt concrete pavement, item 407 Tack Coat shall be applied at a
rate of 0.075 Gallons per square yard to the 301 course, prior to the
placement of the intermediate course, when the Village engineer or his
designee deems it necessary.
4. Item 407 Tack Coat for Intermediate Course shall be applied at a rate of
0.050 Gallons per square yard to the intermediate course, prior to the
placement of the surface course, when the Village engineer or his designee
deems it necessary.
5. Per the ODOT CMS 301.04, “The maximum compacted depth of any one
layer (of 301) shall be 6 inches.”
6. With a concrete base pavement, item 407 Tack Coat shall be applied at a
rate of 0.075 Gallons per square yard to the 305 course, prior to the
placement of the intermediate course with a rubberized asphalt emulsion
meeting ODOT CMS 702.13.
7. The actual rate of application of Tack Coat shall be subject to adjustment,
as conditions in the field may dictate.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 207 of 262
LEGEND
301
304
305
407
448
448
452
Bituminous Aggregate Base
Aggregate Base
Portland Cement Concrete Base (5.5 Bag)
Tack Coat (RC-70 or RS-1)
Asphalt Concrete – Intermediate Course – Type II
Asphalt Concrete – Surface Course – Type I
Plain Portland Cement Concrete Pavement (6.5 Bag)
All item numbers refer to the Ohio Department of Transportation Construction
Material Specifications ODOT CMS, 2005 edition.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 208 of 262
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 209 of 262
APPENDIX VIII – RESERVED FOR FUTURE USE
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 210 of 262
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 211 of 262
APPENDIX IX – VILLAGE OF JOHNSTOWN DEVELOPMENT FEE
SCHEDULE
Lot Split
$100 plus $50 per new lot created by lot split
$750 plus $100 per lot (single family) OR $750 plus
$50 per acre or partial acre (non-single-family)
Preliminary Plat
subdivision plat
$1,000 plus $100 per lot (single family) OR $1,000
plus $50 per acre or partial acre (non-single-family)
Final Plat
subdivision plat
Re-plat
$300 plus cost of postage and advertising*
Improvement Drawings Review and Inspection
8% of total cost of all public improvements
Conditional Use
$150 plus cost of postage and advertising*
Variance (single family)
$150 plus cost of postage and advertising*
Variance (non-single family)
$500 plus cost of postage and advertising*
Non-Conforming Use (single family) Non$200 plus cost of postage and advertising* $500 plus
Conforming Use (non-single family)
cost of postage and advertising*
Zoning Map Amendment
$500 plus cost of postage and advertising*
Zoning Text Amendment
$500 plus cost of postage and advertising*
Zoning Appeal
$150 plus the cost of postage and advertising *
Home Occupation
$150 plus cost of postage and advertising*
Zoning Certificate (REQUIRED
for all new construction, additions or modifications to
or change of
$75 (single family) OR $150 (non-single family)
use of ANY structure)
$750 plus $100 per lot (single-family) OR $750 plus
$50
Preliminary Planned Unit
per acre or partial (non-single-family) subdivision
Development Plan
plat
$1,000 plus $100 per lot (single family) OR $1,000
plus $50 per acre or partial acre (non-single-family)
Final Planned Unit Development Plan
subdivision plat
Improvements Inspection for Planned Unit
Developments
8% of total cost of all public improvements
Certificate of Appropriateness
$1,000
Occupancy Certificate (single family)
$75
Occupancy Certificate (multiple family)
$75 per unit
Occupancy Certificate (all others)
$250
Sign Permit
$100 plus $0.50 per sq ft of sign facing
$50 (which includes a $25 refundable deposit if the
Temporary Sign Permit
sign is timely removed)
$5 per day -limited to three (3) sales per year at any
Garage Sale Permit
given address
Fence Permit
$30 (single family) OR $100 (non-single family)
Curb Cut
$125 (which includes a $50 refundable deposit, if
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 212 of 262
Sidewalk
Site Drainage Review & Inspection Fee
Re-Inspection (all types)
Permit Modification (all types)
Flood Development Permit
Demolition Permit (non-single family)
Demolition Permit (single family)
Maps
Zoning Code
Annexation Review
requested, following final inspection)
$125 (which includes a $50 refundable deposit, if
requested, following final inspection)
$0.20 per sq ft of impervious surface area on site
$30
$50
$300 plus $10 per acre or partial acre
$1,000 per structure (which includes a $SOO
refundable deposit, if requested, following inspection
to ensure lot is timely restored to green space)
$700 per structure (which includes a ~OO refundable
deposit, if requested, following inspection to ensure
lot is
timely restored to green space)
$5 per copy
$25 per copy
$50 per acre or partial acre proposed to be annexed
* $6.00 per adjoining/adjacent property owner for cost of certified mailing plus $100.00 for
cost of legal advertisement
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 213 of 262
APPENDIX X - GUARD RAIL WARRANT STUDY
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 214 of 262
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 215 of 262
APPENDIX XI - VILLAGE ROADWAY CLASSIFICATIONS
Refer to Village Planner for current Village of Johnstown roadway classifications.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 216 of 262
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 217 of 262
APPENDIX XII – RESERVED FOR FUTURE USE
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 218 of 262
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 219 of 262
APPENDIX XIII - DEVELOPMENT INSPECTION SCHEDULE
There will be an inspection of the including but not limited to following:
1. Pre-Construction Meeting
2. Site Clearing and Grubbing
3. Construction of Sediment, Erosion, and Stormwater Controls
4. Roadway Excavation and Embankment
5. Sanitary Sewer Pipe and Collector Pipe
6. Storm Sewer Pipe, Culverts and Bridges
7. Water Distribution Pipe
8. Roadway Utility or Stormwater Crossing Compaction
9. Roadway Final Grade and Compaction
10. Concrete Curb and Gutter
11. Asphalt Paving
12. Guardrail
13. Final Grading
14. Seeding and Mulching (Permanent or Temporary)
15. Final Construction Inspection
16. Final Inspection Walk-Thru with Developer and Contractor.
17. As-Builts Submitted to Planner.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 220 of 262
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 221 of 262
APPENDIX XIV - NPDES / EROSION CONTROL MEASURES
The following additions to the design and construction specifications will be required:
1. All ponds will be designed and constructed to USDA/NRCS-State of Ohio
Engineering Standard and Construction Specifications as the minimum criteria.
2. All rock channel protection including channel lining, stilling basins, culvert outlet
protection and similar will be designed and constructed to include:
a. A filter under the rock of geotextile or gravel.
b. Chocking of the rock to fill the voids and help lock rock in place.
i. Type D rock to be chocked with #2’s or similar.
ii. Type B & C rock to be chocked with Type D rock and #2’s.
c. Hand placing may be necessary to obtain the desired surface shape.
3. All inlets will be protected from sediment entry even though they may discharge
to a sediment-settling pond.
4. The NPDES permit holder shall maintain the log of weekly or more frequent site
inspections and provide copies to the Soil & Water Conservation District or
Village Planner upon request.
5. Stability evaluations of all ditches shall be determined using 10-year peak flow in
the as-built state unless other specifications require evaluation under higher flow
conditions. Manning’s n-value of 0.025 shall be used for computations unless
otherwise agreed.
a. Stability of newly seeded drainage channels shall be determined using the
same peak flow; however, the Manning’s n-value of 0.025 shall be used
for computations unless otherwise agreed.
6. The Ohio EPA requirements for the current General Construction Permit will be
followed.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 222 of 262
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 223 of 262
APPENDIX XV - DITCH DESIGN CRITERIA
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 224 of 262
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 225 of 262
APPENDIX XVI - RIGHT IN/ RIGHT OUT DESIGN CRITERIA
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 226 of 262
APPENDIX XVI – VARIANCE APPLICATION
VILLAGE OF JOHNSTOWN, OHIO
THE APPELLANT/APPLICANT SHALL COMPLETE THIS APPLICATION. THE PLANNING
DIRECTOR MAY RETURN AN INCOMPLETE APPLICATION AND REQUEST ADDITIONAL
INFORMATION AS REQUIRED. THE APPLICATION MUST BE SUBMITTED NOT LESS THAN
TWENTY (20) DAYS PRIOR TO A REGULARLY SCHEDULED VILLAGE PLANNING
COMMISSION MEETING.
A. Name of Appellant: ____________________________________________________
Address of Appellant: __________________________________________________
Telephone Number of Appellant: ________________Mobile Number_____________
Fax Number of Appellant: _________________E-mail Address__________________
B. Name of Owner of Record: ______________________________________________
Address of Owner of Record: ____________________________________________
Telephone Number of Owner of Record: ___________________________________
C. Address of the Property: _________________________________________________
(If different from Appellant’s current address)
D. Attach documentation as to authority to file notice of appeal (e.g. deed or purchase
agreement).
E. Attach a legal description of the property, as recorded with the Licking County Recorder.
F. Provide the specific subdivision regulation from which a variance is requested:
Article ______________, Section ________________, Paragraph ______________
G. Written justification for the requested variance shall be made. Responses to the following
questions shall be provided:
1. Whether the property in question will yield a reasonable return or whether there can
be any beneficial use of the property without the variance.
_______________________________________________________________________________
_______________________________________________________________________________
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 227 of 262
2. Whether the essential character of the neighborhood would be substantially altered or
whether adjoining properties would suffer a substantial detriment as a result of the
variance.
_______________________________________________________________________________
_______________________________________________________________________________
3. Whether exceptional topographic or other physical conditions exist which are
peculiar to the particular parcel of land.
_______________________________________________________________________________
_______________________________________________________________________________
I hereby certify that all of the information contained in this application is true and correct
to the best of my knowledge.
_________________________________________
Appellant’s Signature or Authorized Representative
________________________________________
Date
Factors:
Is the parcel located in a floodplain?
Yes, Zone:_____ / No
Community Panel Number: __________________
Effective Date: __________________
Is the parcel located on a State Route?
Yes / No
If yes, has O.D.O.T. been contacted and have comments been
received.
Is the parcel located on a classified road?
Yes / No
Road Classification
Spacing Requirement
Local Collector
Minor Collector
200’ (35mph) 250’ (45/55mph)
250’ (35mph) 400’ (45/55mph)
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 228 of 262
250’ (35mph) 400’ (45/55 mph)
250’ (35mph) 400’ (45mph)
550’ (55mph)
250’ (35mph) 400’ (45mph)
550’ (55mph)
Major Collector
Minor Arterial
Major Arterial
Topographical Features:
Streams:
Terrain:
Forestation:
Current use of site:
_______________________________________________________________________________
Current Zoning:
_______________________________________________________________________________
Are Village zoning requirements met?
Frontage Requirement:
Minimum Lot Size:
Setback Front:
Does the proposed use meet the zoning requirement?
_______________________________________________________________________________
_______________________________________________________________________________
Date Received____________________
Date of Meeting to be considered at___________________________________________
Preliminary Plan Fee $__________________
Inspection Fee $________________
Action by Planning Commission:
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 229 of 262
Date____________________
Signature______________________
Village of Johnstown Development Regulations
Planner
Effective: January 30, 2012
Page 230 of 262
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 231 of 262
APPENDIX XVII - SKETCH PLAN APPLICATION
Date____________
1. Name of Applicant__________________________________________________
Address___________________________________________________________
Phone___________________
Fax___________________
2. Name of Surveyor___________________________________________________
Contact Person_____________________________________________________
Address___________________________________________________________
Phone___________________
Fax__________________________
Mobile__________________
E-mail________________________
3. Name of Engineer___________________________________________________
Contact Person_____________________________________________________
Address___________________________________________________________
Phone___________________
Fax__________________________
Mobile__________________
E-mail________________________
4. Name of Subdivision_________________________________________________
5. Location:
Township____________________
Section__________________
Road Name___________________ Range__________________
6. Subdivision Plan
a. Type of Development__________________________________________
b. Number of Residential Lots_____________________________________
c. Typical Lot Width & Depth_____________________________________
d. Total Area (acres)_____________________________________________
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 232 of 262
e. Industrial Area (acres)__________________________________________
f. Business Area (acres)__________________________________________
Form No. 2 (Cont’d)
g. Park Area (acres)______________________________________________
h. Other (acres)_________________________________________________
7. Present Zoning District_______________________________________________
Proposed Zoning District_____________________________________________
8. Do you propose deed restrictions? Yes_________
No_________
a. If yes, please submit a copy of the proposed deed restrictions.
9. What type of sewage disposal do you propose to utilize? ____________________
10. What type of water supply system do you propose to utilize? ________________
11. List of materials submitted with this application:
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 233 of 262
a.
b.
c.
d.
e.
f.
g.
h.
Folded copies of Sketch Plan (20 copies)
Vicinity Sketch
Tax map showing adjacent property owners
FIRM showing any floodplain on site
Distance to existing driveways & roads
Geologist report pertaining to groundwater
Copy of current deed
Other materials
______________________________
Applicant
Village of Johnstown Development Regulations
________________________
________________________
________________________
________________________
________________________
________________________
________________________
________________________
______________________________
Surveyor or Engineer
Effective: January 30, 2012
Page 234 of 262
APPENDIX XVIII - PRELIMINARY PLAN APPLICATION
Date____________
1. Name of Applicant__________________________________________________
Address___________________________________________________________
Phone___________________
Fax___________________
4. Name of Surveyor___________________________________________________
Contact Person_____________________________________________________
Address___________________________________________________________
Phone___________________
Fax________________________
Mobile__________________
E-mail______________________
5. Name of Engineer___________________________________________________
Contact Person_____________________________________________________
Address___________________________________________________________
Phone___________________
Fax_________________________
Mobile__________________
E-mail_______________________
6. Name of Subdivision_________________________________________________
7. Location:
Township____________________
Section__________________
Road Name___________________ Range__________________
8. Subdivision Plan
1. Type of Development__________________________________________
2. Number of Residential Lots_____________________________________
3. Typical Lot Width & Depth_____________________________________
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 235 of 262
4. Total Area (acres)_____________________________________________
5. Industrial Area (acres)__________________________________________
Form No. 3 (Cont’d)
6. Business Area (acres)__________________________________________
7. Open Space (acres)____________________________________________
8. Other (acres)_________________________________________________
9. Present Zoning District_______________________________________________
Proposed Zoning District_____________________________________________
*If zoning change was requested please provide a copy of the approval letter.
10. Do you propose deed restrictions? Yes_________
No_________
1. If yes, please submit a copy of the proposed deed restrictions.
11. What type of sewage disposal do you propose to utilize? ____________________
12. What type of water supply system do you propose to utilize? ________________
13. List of materials submitted with this application:
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 236 of 262
1. Folded copies of Preliminary Plan (20 copies)______________________
2. Reduced copy of development (11x17)
________________________
3. Picture of Notice of Development Sign
________________________
4. Proposed covenants & deed restrictions
________________________
5. ODNR letter if applicable
________________________
6. OEPA letter if applicable
________________________
7. Article 6 calculations
________________________
8. Street improvement plans if applicable
________________________
9. Labels of adjoining property owners
________________________
10. Homeowners Association Agreement
________________________
11. Copy of current deed
________________________
12. Other materials
________________________
________________________
________________________
Preliminary Plan Application (Cont’d)
I recognize the fact that Section 711.10 of the Ohio Revised Code provides that “the
approval of the planning commission or the refusal to approve shall be endorsed on the
plat within thirty days after the submission of the plat for approval, or within such further
time as the applying party may agree to”.
In relation to the above, I find it in my best interest to consider this Preliminary Plan
submission as pre-submission guidance rather than the submission of a plat. I further
agree that the thirty-day approval period shall not commence until after consideration of
the Preliminary Plan by the Village Planning Commission and submission of the Final
Plat based upon the approved Preliminary Plan.
______________________________
Applicant
______________________________
Surveyor or Engineer
Date Received____________________
Date of Meeting to be considered at___________________________________________
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 237 of 262
Preliminary Plan Fee $__________________
Inspection Fee $________________
Action by Planning Commission:
Date____________________
Planner
Signature____________________________
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 238 of 262
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 239 of 262
APPENDIX XIX – FINAL PLAT APPLICATION
Date____________
1. Name of Applicant__________________________________________________
Address___________________________________________________________
Phone___________________
Fax___________________
2. Name of Surveyor___________________________________________________
Contact Person_____________________________________________________
Address___________________________________________________________
Phone___________________
Fax__________________________
Mobile__________________
E-mail________________________
7. Name of Engineer___________________________________________________
Contact Person_____________________________________________________
Address___________________________________________________________
Phone___________________
Fax__________________________
Mobile__________________
E-mail_______________________
8. Name of Subdivision_________________________________________________
9. Location:
Township____________________
Section__________________
Road Name___________________ Range__________________
10. Date Preliminary Plan Approved____________________
11. Number of Residential Lots within Preliminary Plan________________________
Number of Residential Lots within Final Plat_____________________________
12. Subdivision Plan
a. Total Area (acres)_____________________________________________
b. Area in lots (acres)____________________________________________
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 240 of 262
c. Area in streets (acres)__________________________________________
Form No. 4 (Cont’d)
d. Lineal Feet of Streets__________________________________________
e. Area dedicated for Open Space___________________________________
f. Other (acres)_________________________________________________
13. Present Zoning District_______________________________________________
*If zoning change was requested please provide a copy of the approval letter, the
proposed zoning must be in place prior to Final Plat approval.
14. Do you propose deed restrictions? Yes_________
No_________
a. If yes, please submit a copy of the proposed deed restrictions.
15. List of materials submitted with this application:
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 241 of 262
a.
b.
c.
d.
e.
f.
g.
h.
Folded copies of Final Plat (20 copies)
Reduced copy of development (11x17)
Proposed covenants & deed restrictions
Folded copies of Improvement Plan
i. Construction Drawings
ii. Erosion & Sedimentation Plans
Labels of adjoining property owners
Homeowners Association Agreement
Plat signed by appropriate Zoning Auth.
Other materials
______________________________
Applicant
________________________
________________________
________________________
________________________
________________________
________________________
________________________
________________________
________________________
________________________
______________________________
Surveyor or Engineer
Date Received____________________
Date of Meeting to be considered at___________________________________________
Final Plat Fee $__________________
Inspection Fee $________________
Action by Planning Commission:
Date____________________
Planner
Signature____________________________
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 242 of 262
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 243 of 262
APPENDIX XX - CERTIFICATE OF DEVELOPMENT REVIEW
1)
Current Owner of Record
Name:____________________________________
Address:______________________City:______________State:____Zip:_______
Home Phone:____________________________ Work Phone:_______________
2)
Current Tenant
Name:____________________________________
Address:______________________City:____________State:_____Zip:________
Home Phone:____________________________ Work Phone:_______________
3)
Existing Zoning:____________________________________
4)
Site Location of Subject Tract

If site is vacant:
The site is located on the (circle one) N S E W side of __________
approximately________ feet (circle one) N S E W of __________

If site is not vacant:
Address:__________________
State:______Zip:____
5)
Subject Tract Site Acreage:___________________
6)
Detailed description of Present Use of the subject tract
City:________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
_________________________________________________________________
7)
Detailed description of Proposed Use of the subject tract
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 244 of 262
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
_________________________________________________________________
8)
Along with this application, the applicant must submit
A)
Two (2) copies of a site plan (drawn to scale) showing:





B)
The actual dimensions of the lot including easements.
The exact size and location of all buildings on the lot.
The proposed new construction.
The existing and intended use of all parts of the land or
buildings.
Such other information with regard to the lot and neighboring
lots as may be necessary to determine and provide for the
enforcement of the Subdivision Regulations.
Two (2) copies of a site plan (drawn to scale) showing:


The proposed provisions of water and sanitary sewer facilities.
In addition to the plan, a letter of preliminary approval for
wastewater treatment and disposal facilities from the
appropriate health authority (The Licking County Board of
Health or the Ohio Environmental Protection Agency) must be
submitted with this application.
Note: Refer to the Development Regulations and the Licking County
Board of Health Regulations.
C)
Two (2) copies of a site plan (drawn to scale) showing:


The proposed provisions of surface drainage features and
underground storm drainage facilities.
The proposed erosion and sediment control plan which, at a
minimum, must include:

A narrative describing the following:
Project description. A brief description of the nature
and purpose of the land-disturbing activity and the
amount of grading involved.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 245 of 262

Existing site conditions. A brief summary of when
practices will be implemented as related to grading and
building operations. This includes approximate start
and finish dates for each stage of construction.

Construction sequence. A brief summary of when
practices will be implemented as related to grading and
building operations. This includes approximate start
and finish dates for each stage of construction.

Critical areas. A description of areas within the
developed site that have potential for serious erosion or
sediment problems (e.g. steep slopes, concentrated
areas of flow, etc…).

Permanent Stabilization. A brief description of how
the site will stabilize after construction is complete.

Maintenance. Schedule of regular inspections and
repairs of erosion and sediment control structures.

A site map showing the following:
Existing contours. Existing elevation contours of the
site at an interval sufficient to determine drainage
patterns.

Final contours. Proposed changes in the existing
elevation contours.

Existing vegetation. Locations of trees, shrubs, grass,
and other vegetation.

Limits of clearing and grading. A line showing the
area to be disturbed.

North arrow.

Existing and final drainage patterns. Show the
dividing lines and the direction of flow for the different
drainage areas before and after development.

Erosion and sediment control measures. Locations,
names, and dimensions of the proposed temporary and
permanent erosion and sediment control measures.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 246 of 262

Storm water management system. Location of
permanent storm drain inlets, pipes, outlets, and other
permanent drainage facilities (swales, waterways,
etc…).
______________________________
Applicant
______________________________
Surveyor or Engineer
Date Received____________________
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 247 of 262
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 248 of 262
APPENDIX XXI - RAINFALL TABLE
Village of Johnstown 24 Hour Storm Events
1 year
2.3”
2 year
2.6”
5 year
3.2”
10 year
3.8”
25 year
4.6”
50 year
5.2”
100 year
6.0”
 Source: NOAA Atlas 14 Volume 2 or any updates.
Criteria:
 Highest permissible curve number (CN) for cropland shall be 82.
 Unless thoroughly documented, all “woods” shall be characterized as “good”.
 Where development cuts and fills are anticipated to be in excess of six (6)
inches, the hydrologic soils group shall be increased one category for post
development calculations. For example: C to D.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 249 of 262
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 250 of 262
APPENDIX XXII – DITCH MAINTENANCE PROCEDURE
In accordance with Section 61.90 of the Development Regulations, all drainage
improvements constructed within subdivisions shall be placed on Village Maintenance
through the ditch petition laws of the State of Ohio (ORC 6137).
When the final plat of a subdivision has been approved by the Village Planner and is
brought before the Village Council for approval, a petition requesting that the drainage
improvements be placed on Village Maintenance shall accompany it. A sample copy of
the petition is included in this section. The petition shall include the following
attachements:
Exhibit A
Exhibit B
Exhibit C
Exhibit D
A copy of the plat in the size that will be recorded.
A copy of the Signed Subdivider’s Agreement with a certified
check, if applicable.
A copy of the drainage plans for the subdivision delineating the
improvements to be placed on public maintenance. This plan
should be developed in consultation with the Village Engineer.
The Village Engineer shall make the final decision regarding the
scope of maintenance.
A cost estimate for the construction cost of the improvements
delineated in Exhibit “C” based on prevailing wage rates.
The petition and attachments shall be submitted two (2) weeks prior to placing the final
plat on the Village Council Agenda. No plat will be placed on the Village Council
agenda unless accompanied by a complete petition package approved by the Village
Engineer and the Village Planning Commission.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 251 of 262
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 252 of 262
APPENDIX XXIII – ENHANCED DITCH DESIGN
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 253 of 262
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 254 of 262
APPENDIX XXIV - PERMISSIBLE VELOCITIES
TABLE OF PERMISSIBLE VELOCITIES FOR FLOWING WATER
Range2
Permissible Velocity1
Cover
(Percent)
(Ft. Per Second)
Kentucky Bluegrass or
0-5
4
Tall Fescue or
5-10
4
Smooth Brome
Over 10
3
Grass Mixtures or
0-52
4
Reed Canary
5-10
3
3
Red Top or
Red Fescue
0-5
2.5
1
Any design exceeding the above velocities or having a critical flow shall be
designed using rock or other suitable erosion resistant material.
2
Do not use slopes steeper than 10 percent except for vegetated side slopes in
combination with a stone, concrete, or highly resistant vegetative center section.
3
Do not use on slopes steeper than 5 percent except for vegetated side slopes in
combination with a stone, concrete, or highly resistant vegetative center section.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 255 of 262
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 256 of 262
APPENDIX XXV - ADOPTION OF AMENDMENTS TO THESE REGULATIONS
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 257 of 262
APPENDIX XXVI - LIST OF ACCEPTABLE STREET TREES
Large:
Trees that reach over 45 feet tall at maturity. Suitable for tree lawns at least seven
feet wide, with no overhead utility lines.
Name
Latin Name
Norway Maple
Red Maple
Sugar Maple
Black Maple
Black Alder
Sugar Hackberry
Hackberry
Turkish Filbert
European Beech
Ginkgo (Males only)
Honeylocust
Kentucky Coffeetree
Sweetgum
Dawn Redwood
Black Tupelo (Black Gum)
London
White Oak
Swamp White Oak
Scarlet Oak
Shingle Oak
Bur Oak
Chinkapin Oak
Chestnut Oak
English Oak
Red Oak
Shumard Oak
Black Oak
Japanese Pagoda Tree
Baldcypress
American Linden
Littleleaf Linden
Crimean Linden
Silver Linden
Japanese Zelkova
Acer platanoides
Acer rubrum
Acer saccharum (and A. nigrum)
Acer nigrum
Alnus glutinosa
Celtis laevigata
Celtis occidentalis
Corylus colurna
Fagus sylvatica
Ginkgo biloba
Gleditsia triacanthos var. inermis
Gymnocladus dioicus
Liquidambar styraciflua
Metasequoia glyptostroboides
Nyssa sylvatica
Planetree Platanus x acerifolia
Quercus alba
Quercus bicolor
Quercus coccinea
Quercus imbricaria
Quercus macrocarpa
Quercus muehlenbergii
Quercus prinus
Quercus robur
Quercus rubra
Quercus shumardii
Quercus velutina
Styphnolobium japonicum
Taxodium distichum
Tilia americana
Tilia cordata
Tilia x euchlora
Tilia tomentosa
Zelkova serrata
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 258 of 262
Medium:
Trees that reach over 30-45 feet tall at maturity. Suitable for tree lawns at least five fee
wide with no low overhead wires.
Name
Latin Name
Hedge Maple
Acer campestre
Hybrid Purpleblow Maple Acer truncatum x platanoides
River Birch
Betula nigra
European Hornbeam
Carpinus betulus
Katsura Tree
Cercidiphyllum japonicum
American Yellowwood
Cladrastis kentukea
Hardy Rubber Tree
Eucommia ulmoides
Goldenraintree
Koelreuteria paniculata
Magnolia Hybrids Magnolia sp (tree form)
American Hophornbeam
Ostrya virginiana
Amur Cork Tree
Phellodendron amurense
Sargent Cherry
Prunus sargentii
Callery Flowering Pear
Pyrus calleryana
Sawtooth Oak
Quercus acutissima
Lacebark Chinese Elm
Ulmus parvifolia
Small:
Trees that reach 15-30 feet tall at maturity. Suitable for tree lawns at least four feet wide
or with overhead wires.
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 259 of 262
Name
Latin Name
Bigtooth Maple (Canyon Maple)
Acer grandidentatum
Amur Maple
Acer ginnala (tree form)
Trident Maple
Acer buergerianum
Paperbark Maple
Acer griseum
Tatarian Maple
Acer tataricum
Red Horsechestnut
Aesculus x carnea
Serviceberry
Amelanchier sp. (tree form)
Thornless Cockspur Hawthorn
Crataegus crusgalli
Lavalle Hawthorn
Crataegus x lavallei
Thornless Thicket Hawthorn
Crataegus punctata var. inermis
Green Hawthorn
Crataegus viridis
Amur Maackia
Maackia amurensis
Crabapple Malus sp. (oval or upright forms and cultivars only)
Japanese Tree Lilac
Syringa reticulata
Blackhaw Viburnum
Viburnum prunifolium
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 260 of 262
Village of Johnstown Development Regulations
Effective: January 30, 2012
Page 261 of 262
APPENDIX XXVII - INDEX
ADT
Definition .............. 16
Appeals ................... 169
Buffering
Landscape ........... 104
Perennial ............. 100
Perennial &
Intermittent ........ 99
Construction Plans .. 59
Cul-de-Sac.......... 72, 87
Development Review
General .................. 65
Driveway Spacing... 43,
145
Extension
Final Plat ............... 64
Preliminary Plan.... 58
Street ..................... 88
Final Plat .................. 60
Flood Plain
Definition .............. 24
Final Plat ............... 63
General .................. 99
Minor Lot Split 44, 99
Preliminary Plan.... 57
Subdivision ........... 99
Landscaping........... 113
Plan ....................... 94
Local Residential
Streets
General .................. 75
Major Arterial Streets
Access Management
......................... 146
General .................. 83
Major Collector
Streets
Access Management
......................... 148
General .................. 79
Marginal Access Roads
General .................. 85
Minor Arterial Streets
Access Management
......................... 147
General .................. 81
Minor Collector
Streets
Access Management
......................... 150
General .................. 77
Minor Land Division
Access Management
......................... 150
Adjacent Property
Transfer ............. 47
Between 5-20 Acres
........................... 95
Over 20 Acres ....... 96
Process .................. 46
Under 5 Acres ....... 95
Notification
Development Sign . 52
Final Plat ............... 61
Preliminary Plan.... 55
Open Space
Amount to be
Dedicated ........ 106
Conditionally
Permitted Areas107
Fee-in-Lieu .......... 105
General ................ 105
Management Plan 108
Permitted Uses .... 106
Village of Johnstown Development Regulations
Penalties ................. 166
Pre-Construction
Conference ........... 60
Preliminary Plan ..... 52
Private Streets
Access Management
......................... 162
Condo, Multi-Fam,
Commercial ..... 110
Replat ....................... 66
Right-of-Way
Dedication ........... 145
Requirements ........ 70
Roundabout ............. 87
Sidewalks ................. 93
Sketch Plan .............. 49
Streets
Access Management
......................... 144
Classification......... 71
General .................. 68
Lighting ............... 114
Naming .......... 90, 118
Private ......... 110, 162
Signs .................... 118
Special ................... 88
Variance
Application .......... 209
Final Plat .............. 61
Preliminary Plan . 55
Variances
General ................ 167
Wetlands
Preliminary Plan.... 51
Effective: January 30, 2012
Page 262 of 262