(a)   Purpose.  These access driveways shall be limited to situations where a determination is made by the Planning Commission that due to the unique physical, environmental, historical or traffic safety issues which may be found to exist on site, the utilization of a standard driveway to each of the two or three lots would be detrimental to the health, safety and welfare of the area.  Common access driveways for minor subdivisions are not intended to be used to avoid the construction of a standard City approved road.  Any common access driveway proposed for more than three lots shall be processed as a major subdivision within the requirements of these Regulations.
   (b)   Procedure. 
      (1)   Common access driveway minor subdivisions shall be submitted, reviewed and approved according to the requirements and procedures of Section 1105.01 applicable to all minor subdivisions in addition to the requirements of this section 1109.08.
      (2)   Application shall be made with the Planning Director and reviewed by the Director of Engineering, Utilities, and Inspection.  They shall review and either approve or disapprove the common access driveway application where no other exceptions or referrals are required pursuant to the Code.  Any disapproval may be appealed through the exception procedure as outlined in the Codified Ordinances to be referred to the Planning Commission with the recommendation of the Planning Director and Director of Engineering, Utilities, and Inspection.
      (3)   All common access driveways will be certified to the Aurora Planning Commission by the Director of Engineering, Utilities, and Inspection and shall be designed by a Civil Engineer (P.E.), licensed to practice in the State of Ohio in accordance with the common access driveway requirements and good engineering standards.  The design of all private common access driveways must be certified by a professional engineer, registered in the State of Ohio, prior to the filing of the final plat for the Planning Commission's approval.
      (4)   No responsibility is assumed by the City or any public official in the design, construction, maintenance or possible failure of any improvements whether present or future. 
      (5)   Alternative Driveway Certification Requirements. 
         A.   An Improvement Agreement is required which establishes the time frames for the completion of all required improvements.  Financial guarantees will be required in the form of a bond, a letter of credit or a certified check in the amount of the cost estimates established by the City including final inspections and certifications by a Civil Engineer licensed to practice in the State of Ohio.
         B.   In the alternative, plat and deed restrictions will require certification of the common access driveway constructed by a Civil Engineer, licensed in the State of Ohio, be submitted to the Planning Director prior to the issuance of any building permits.
        (c)        Approval Criteria.
      (1)   Approval criteria to be applied may include but is not limited to the following:
         A.   Traffic safety. Access control considerations;  Sight distance; excessive road grades.
         B.   Historical.  Structures of historic significance; areas of archaeological significance; areas of paleontological significance
         C.   Environmental.  Wetlands, drainage courses, flood plains, mature tree stands, rock outcrops, sensitive wildlife habitat, slope stability.
         D.   Unique physical shape.  Where a parcel of land has exceptional narrowness, shallowness or other extraordinary situations exist, which does not provide a reasonable application of the land.
      (2)   The determination as to the existence of these conditions will be made by the Planning Commission.
   (d)   Standards.  The following are minimum standards which shall apply to private common access driveways.  Site conditions may require more severe standards than those listed herein:
      (1)   If approved at the discretion of the Planning Commission, said driveways will be limited to accessing no more than three lots.  The lot size shall conform to all standards of the zoning district in which it is located.
      (2)   The access driveway will be extending from a public roadway but not connected to another public roadway.
      (3)   Private non-dedicated roads built to public standards shall not be considered to be common access driveways. 
      (4)   Common access driveway easements shall be a minimum of sixty (60) feet in width and shall be used for the purpose of utilities and the construction of the common access driveway.
      (5)   An owner's driveway maintenance agreement shall be established to run with the affected lands and shall be recorded with the subdivision plat and incorporated in each deed transferring ownership.
      (6)   Private Common Access Driveways serving any property shall be constructed and maintained in a manner which provides access for emergency vehicles and the free flow of traffic from public roadways. 
      (7)   Driveway shall not have a grade up or down from a public roadway pavement level exceeding eight percent (8%).
      (8)   Driveway shall not contain a grade exceeding ten percent (10%) at any point over its entire length.
      (9)   At the point the driveway intersects the public roadway the same shall have such turnout radii and culvert underdrain as specified by the City of Aurora.
      (10)   If the driveway leaves the public roadway on an up-grade the design and construction shall include a vertical curve or a saddle to prevent the flow of surface drainage from said driveway onto the traveled portion of the public roadway.
      (11)   If any driveway crosses a drainage swale, stream or ditch, the same shall be bridged by pipe of such structure as required to permit the unobstructed passage of all surface water generated by a storm with an intensity of a ten (10) year occurrence.  Any pipe shall be of sufficient length to extend not less than three feet beyond the toe of the slope of the fill over said pipe unless properly designed headwall is installed to protect the end of such pipe.  Any bridge or structure spanning a stream or ditch shall be designed for HS-20 loading by a Professional Civil Engineer, licensed in the State of Ohio.  No bridge shall be less than twelve feet in width.  A signed and sealed copy of the designs, storm water calculations, plans and specifications shall be filed with the Planning Commission and local zoning officials, as required, and shall be constructed in strict compliance with the plans and specifications.
      (12)   If fill is placed over any drainage structure or placed to alter the grade of any driveway the vertical slopes on said fill shall be no steeper than a two to one (2:1) slope.  All fill area shall be scalped of vegetation and excavated to load bearing soil before fill material is placed over it.  Such fill shall be free of all humus and organic material and shall be compacted to a density of ninety-five percent (95%).  The fill shall be of sufficient width to include a compacted berm beside the graveled or paved areas of reasonable width to facilitate safe passage of vehicles.  Guardrail or barriers shall be installed when necessary to create safe conditions.
      (13)   Drainage ditches shall be constructed as necessary parallel to said driveway which ditch shall be graded to a good and sufficient outlet.  Siltation control shall be placed in any ditch and such siltation shall not flow to roadside ditches along public roads.
      (14)   All centerline curves in the driveway shall be sufficient radius (not less than fifty feet) to permit unhindered passage of public safety vehicles including fire vehicles and all other vehicles reasonably expected to utilize the same.
      (15)   All trees, overhanging branches or other obstructions to the free passage of public safety vehicles shall be removed.
      (16)   Obstructions on the prevailing windward side of the driveway which contribute to drifting snow should, when possible, be removed.
      (17)   A turnaround shall be provided at the end of the drive to accommodate fire and emergency vehicles as required by the Director of Engineering, Utilities, and Inspection.
      (18)   Common Access Driveways and driveways serving individual residential structures shall be not less than eighteen feet (18') in width and shall be constructed as required by the Director of Engineering, Utilities, and Inspection.  Driveway apron dimensions shall be as provided in these Regulations for residential driveways.
      (19)   If any residential driveway is over five hundred feet in length, widened paved passing areas at least eighteen feet in width shall be provided at reasonable intervals, not more than three hundred feet distance from each other, to permit the free passage of traffic over said drive.
      (20)   Dust control shall be provided on an "as needed" basis.
      (21)   Certification.     The following statement of certification of design and construction shall be placed on the plat:
      This is to certify that good engineering practices have been utilized in the design and construction of the common access driveway and that all minimum standards as required by this section and the Codified Ordinances have been met including those standards greater than minimum where in my opinion, as design engineer, they are needed to protect the safety of the users.
            Registered Engineer                       Date
   (e)   Additional Subdivisions. Once a common access driveway has been established and recorded, no further subdivision or lot splits or access points may occur within the subdivision that would create additional building sites unless the driveway is improved to City road standards and is dedicated and accepted by the City as a public road.  All common access driveways shall be limited for access to lots within the original minor subdivision and shall not be used to access lands outside the subdivision's boundaries.
   (f)   Maintenance Responsibility. The approval of a common access driveway does not provide for or imply responsibility for construction, repair, maintenance, snow removal, dust control, or mowing of any private access drive by the City.  All such responsibility remains with the owners of lots served by a common access driveway.  Approval does not imply that school bus service or mail service will be provided on the private access drives and such statement shall be included in the driveway maintenance agreement.  In the event that a single sixty foot wide common access driveway is used, the access shall be titled to one of the lots in the minor subdivision.  The access to the other lots shall be by easement.
(Ord.  2013-130.  Passed 1-27-14.)