1109.01 GENERAL; ENGINEERING CONSTRUCTION STANDARDS.

   (a)   Improvements Required. The applicant shall, at the applicant's expense, provide rights-of-way and easements and design, furnish, and install improvements as required by these Regulations, as required by other applicable codes of the City, and as provided in a development agreement, to ensure that the subdivision, roads, areas, and individual lots therein are provided with improvements and services consistent with the standards of the City, that they are consistent to the greatest possible extent with the plans adopted by the City, and that they contribute to the public health, safety, and welfare. The applicant shall provide and install at least the following required improvements within any proposed subdivision, and other improvements as determined necessary by the City to comply with applicable regulations, all as approved in the improvement plans.

      (1)   Monuments and other survey markers.

      (2)   Roads, including pavement, curbs, underdrains, culverts and bridges, road signs, street lighting, landscaping and street trees, and other necessary appurtenances.

      (3)   Sidewalks and other facilities for pedestrian and bicycle travel.

      (4)   Sanitary facilities, including extensions of the public sanitary sewer system or, where required, approval for the installation of on-site systems.

      (5)   Water supply, including extensions of the public water supply system or, where required, approval for the installation of on-site private wells.

      (6)   Other essential utilities, including at least telephone, natural gas and electric power.

      (7)   Drainage facilities, including open drainage facilities or enclosed storm sewer systems, retention/detention facilities, and other construction necessary to control storm water runoff and to protect water quality.

      (8)   Grading of rights-of-way, easements, and lots.

   (b)   Conformance with Plans and Ordinances. Every subdivision and its improvements shall be designed and constructed in conformance with the objectives of the Master Plan and in compliance with plans and ordinances adopted by the City.

   (c)   Engineering Construction Standards Adopted. Consistent with the intent and provisions of these Regulations and all other applicable laws and regulations, the Director of Engineering, Utilities and Inspection shall prepare and adopt additional standards, specifications, and policies regarding the location and design of subdivision and site development improvements as necessary for their proper design, documentation, inspecting, testing, maintenance, ownership, and operation. The Director of Engineering, Utilities and Inspection shall maintain a written record of the adopted standards which shall be known as the "Engineering Construction Standards".

   (d)   Conformance with Accepted Standards. Except where specifically addressed by the provisions of these Regulations or by other policies or regulations of the City, the design of subdivisions, site developments, and improvements shall comply with the standards generally accepted or used in northeastern Ohio including but not limited to:

      (1)   ODOT Design and Construction Standards, including Location and Design Manuals, Construction and Material Specifications and Standard Construction Drawings

      (2)   Recommended Standards for Wastewater Facilities, and Recommended Standards for Water Works, issued by the Great Lakes-Upper Mississippi River Board of State Public Health and Environmental Managers

      (3)   Ohio R.C. 4733.37, "Minimum Standards for Boundary Surveys in the State of Ohio."

      (4)   Regulations of the Ohio Environmental Protection Agency (OEPA)

      (5)   Regulations of the U.S. Army Corps of Engineers

      (6)   Regulations and Design Standards of the Ohio Department of Natural Resources (ODNR), including the Rainwater and Land Development Manual.

      (7)   Regulations of the Portage County Health District

      (8)   Regulations of the Occupational Safety and Health Administration (OSHA)

      (9)   Portage County Standards Governing the Conveyances of Real Property

   (e)   Extra-Size and Off-Site Improvements. The applicant shall be required to design, furnish, and install rights-of-way, easements, and improvements with the dimensions and capacities required to make feasible the eventual completion of the systems of roads, sidewalks, drainage, and utilities necessary for the development of the proposed subdivision and of nearby land which is an integral part of the same area and systems. Where such rights-of-way, easements, or improvements are greater than normally required or necessary for the subdivision itself, the applicant may be required to provide and install the extra-sized improvements. The applicant shall be required to extend improvements to make service available to adjoining land. If roads or utilities are not available at the boundary of a proposed subdivision, the City may require the applicant to construct off-site extensions of the improvements.

      (1)   Extra Size Improvements. Where improvements are required in excess of the size needed to serve the proposed subdivision itself, the applicant shall install the extra-sized improvements. The applicant shall pay that part of the total cost of the improvements required to service the subdivision. The City shall reimburse the applicant for only the extra cost for the extra-sized improvements. Reimbursement shall be made according to a contract as provided in subsection 1109.01(e)(5) below.

      (2)   Off-Site Extensions to the Proposed Subdivision. When improvements are not available at the boundary of a proposed subdivision in the manner required to provide adequate access or service, the City shall require, prior to approval of the preliminary and final plat, guarantees that such improvement extensions will be provided by the applicant.

      (3)   Extensions to Abutting Properties. The applicant shall be required to provide, at the applicant's expense, such rights-of-way, easements, and improvements necessary to ensure that roads, utilities, drainage systems, sidewalks, walkways, bikeways, and other improvements are extended and available to those boundaries of the subdivision where the City determines that future extensions will be appropriate for future development and for the completion of planned, functional, and integrated service areas and systems.

      (4)   Prorating Costs. In making determinations for prorating costs for the construction of off-site extensions or extra-size improvements, the City shall consider, in addition to the standards set forth in this section and other regulations of the State, County or City, the following conditions:

         A.   The relative location and size and projected impacts of the proposed subdivision;

         B.   The traffic estimated to be generated by the development in relation to present roads and anticipated future;

         C.   The natural drainage area for storm sewers and other drainage improvements, the service area for sanitary sewers, and the service area for the water system, including the need for future looping of water lines;

         D.   The development benefits that will accrue to the subdivision;

         E.   The sequence of land and utility developments in the vicinity;

         F.   Planned locations of open space, public properties, walkways, and bikeways; and

         G.   Any other condition it may deem necessary.

      (5)   Contract for Reimbursement. Contract arrangements shall be made between the applicant and the City for the reimbursement of extra-sized and off-site improvements incurred by the applicant. As agreed in the contract:

         A.   Reimbursement may be delayed until such time that connections to these improvements are made by the benefitting properties; or

         B.   The governmental body having jurisdiction may construct and pay for the extra-sized and off-site improvements and assess the costs to the owners benefitted; or

         C.   The City may establish a rotary fund to pay for such development costs and not collect the assessments on the intervening land until developed; or

         D.   If the City finds that the extensions across undeveloped areas would not be warranted as a special assessment to the intervening properties or as a governmental expense until some future time, the applicant may be required to obtain necessary easements or rights-of-way and to construct and pay for the extensions. Such improvements shall be available for connections by applicants or applicants of adjoining land.

            (Ord. 2013-130. Passed 1-27-14.)