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(a) Pavement guarantee.
(1) The subdivider shall, prior to the approval of the final plat, be required to post with the city a financial guarantee in an amount equal to 20% of the cost of pavement construction in the subdivision as computed by the City Engineer or engineering consultant(s) to the city. Such financial guarantee shall be held by the city to ensure that the subdivider shall replace or repair, upon request of the city, any defective pavement areas which may appear during the time period of the guarantee.
(2) The pavement guarantee shall be for three years.
(3) The subdivider agreement shall also include timing for the developer to request, in writing, that the pavement be inspected and deficiencies noted for repairs.
(4) After repairs are made, pavement joints within the subdivision shall be cleaned and resealed with hot sealer if needed as directed by the City Engineer prior to final acceptance of pavement.
(b) Financial guarantees. The following are the types of financial guarantees allowed by the city. The standards for each type of guarantee shall apply to any situation where a financial guarantee is required, regardless if it is related to a subdivision application or not.
(1) Certified check, wire transfer, escrow or cash deposit. The following standards shall apply if a certified check, wire transfer, escrow, or cash deposit is utilized as a financial guarantee.
A. The subdivider shall provide a certified check, wire transfer, escrow to a third-party escrow account, or cash deposit for the amount of the guarantee, payable to the city.
B. If a third-party escrow account is to be established, the account shall be with a bank approved by the Law Director and shall be in an account set up for the sole ownership of the city.
C. When the public improvements are complete, the city shall issue a check for the released amount based on this division.
D. The city shall not be responsible for paying interest for the period of time the city retains the guarantee.
E. The subdivider’s agreement may provide for the making of payments from such funds from time to time, upon certification of City Council, provided that the balance remaining after such payments will, in his or her opinion, be adequate to pay the remaining costs of the improvements.
(2) Sidewalk bonds. If a subdivider intends to install sidewalks after the filing of the final plat, then the subdivider shall, prior to the approval of the final plat, file a financial guarantee without an expiration date, to secure the installation of the concrete sidewalks.
(3) Maintenance bonds. The following standards shall apply if a maintenance bond is utilized as a financial guarantee:
A. A bond in the amount determined in accordance with this section shall be filed with the City Engineer or engineering consultant(s) to the city.
B. The bond may be in the form of a maintenance bond or a cash bond of the kind approved by law for securing deposits of public money.
C. The bond shall be executed by the subdivider as principal, and if a maintenance bond, shall be executed by a corporation authorized to act as a the guarantor under the laws of the state.
(Ord. 21-161, passed 12-13-2021; Ord. 24-33, passed 3-25-2024)
(a) General suitability of land for development. If the Planning Commission and the City Council find that land proposed to be subdivided is unsuitable for subdivision development due to flooding, poor drainage, topography or inadequate water supply, wastewater treatment facilities, transportation facilities, or such other conditions as may endanger health, life or property, 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 Planning Commission and the City Council shall not approve the land for the purpose unless adequate methods are advanced by the subdivider for solving the problems that will be created by the development of the land.
(b) Projection of improvements. Where adjoining areas are not subdivided or developed, the arrangement of streets and utilities in new subdivisions shall make provision for the proper projection of streets (i.e., provide for temporary dead-end streets and utilities where street connections can be made to the adjacent land) as required by the City Engineer or engineering consultant(s) to the city. Such arrangements shall be made to the subdivision boundary or up to the edge of the phase of buildable lots.
(c) Topography, floodplain areas, wetlands and natural areas.
(1) Natural amenities (including views, mature trees, creeks, riparian corridors, rock outcrops, and similar features) shall be preserved and incorporated into proposed development to the greatest extent feasible.
(2) All subdivisions of land and installation of public improvements involving areas subject to flooding, as defined by National Flood Insurance Program Maps and Data, shall conform to all applicable floodplain regulations and the requirements of adopted regulations involving the city’s participation in the National Flood Insurance Program.
(3) Land which is determined by the Planning Commission to be unsuitable for subdivision or development due to flooding, the presence of federal jurisdiction wetlands, or other features which will reasonably be harmful to the safety, health and general welfare of the present or future inhabitants of the subdivision and/or its surrounding areas shall not be subdivided or developed unless methods adequate to resolve the problems are formulated by the developer and approved by Council, upon recommendation by the Planning Commission and upon advice of the City Engineer or engineering consultant(s) to the city.
(4) The natural topography shall be retained wherever possible in order to reduce excessive runoff onto adjoining property and to avoid extensive regrading of the site.
(d) Creeks, ditches and waterways.
(1) Where a major watercourse, as defined and mapped by the City Engineer or engineering consultant(s) to the city, exists within a proposed subdivision, the developer thereof shall grant unto the city an easement for necessary maintenance and shall also grant unto the city an easement to provide access to the watercourse. The width of the dominant maintenance easement shall be determined by the City Engineer or engineering consultant(s) to the city, and the width and precise location of the subservient access easement shall be determined by the City Engineer or engineering consultant(s) to the city in consultation with the developer, with due regard for the preservation of natural features of such area.
(2) No permanently attached or unmovable fixture or structure, except for a footbridge or the like, as necessary to join sections of the same property, shall be permitted within the maintenance easement or access easement. A footbridge or similar structure shall be approved by the City Engineer or engineering consultant(s) to the city and shall not be constructed and placed within said maintenance easement without the appropriate approval of the City Engineer or engineering consultant(s) to the city. Any construction in areas designated as floodways by the Federal Emergency Management Agency (FEMA) shall be subject to the regulations of that agency.
(3) In the event that there are special circumstances or conditions affecting a property owner which deprive the property owner of the use of that property pursuant to the factors as considered by the ZBA in the granting of an area variance, a property owner may appeal an administration decision denying the use of the property pursuant to an easement created by this chapter and request a hearing by the ZBA.
(e) Inspection fees. The subdivider shall provide all necessary engineering and surveying services for preparing the plat and improvement plans. The city will inspect the installation of improvements and private utilities. The developer shall reimburse the city the actual cost of these inspections before the plat is placed upon a Planning Commission agenda.
(f) Homeowners’ or property owners’ associations. See § 1230.06: Standards for Owners’ Associations for requirements for homeowners’ or property owners’ associations.
(g) Debris and waste. No cut trees, diseased trees, timber, debris, earth, rocks, stones, soil, junk, rubbish or other waste materials of any kind shall be buried in any land, or left or deposited on any lot or street at the time of the issuance of a zoning permit. No items and materials as described in the preceding sentence shall be left or deposited in any area of the subdivision at the time of dedication of public improvements.
(h) Monuments and markers.
(1) Monuments and monument boxes shall be installed at the intersection of all centerlines of all streets, points of curvature and points of tangency on all curves.
(2) Property pins shall be set at all lot corners, points of tangency and points of curvature.
(3) Steel rods shall be used for property pins permanently installed that comply with the state’s requirements.
(4) Monuments and lot corner markers shall be of a design approved by the City Engineer or engineering consultant(s) to the city and meeting State of Ohio Minimum Standards for Boundary Surveys.
(i) Street trees and Street Tree Fund.
(1) Trees planted within a street right-of-way shall conform to the city master tree plan. Prior to construction a planting plan shall be approved by the Urban Forester.
(2) All new subdivisions shall be required to contribute to the Street Tree Fund for the installation of trees in public rights-of-way. The fee shall be payable as a cash amount calculated by the Urban Forester and shall be paid prior to Final Plat approval. The fund shall be used by the city to install tree lawn trees within public rights-of-way of new subdivisions. The fund shall not apply to private streets. The cost for said fee shall be as set forth in Chapter 208 of this code of ordinances.
(Ord. 21-161, passed 12-13-2021; Ord. 24-33, passed 3-25-2024)
(a) The lot arrangement and design shall be such that all lots will provide satisfactory building sites that can accommodate a structure and required setbacks in the applicable zoning district.
(b) Lots shall also be arranged so that all lots will have frontage on a public street or road and will provide building sites properly related to topography and the character of surrounding development. Lots may have frontage on a private street only if approved as part of a PUD or RPD.
(c) The lots shall be more or less rectangular in form; triangular, elongated, or other shapes that restrict its use as a building site shall be avoided to the maximum extent feasible unless the applicant can demonstrate special circumstances requiring irregular lots to the Planning Commission.
(d) All side lot lines shall be at right angles to street lines and generally radial to curved street lines except where the Planning Commission determines that a variation to this rule will provide a better street and sublot layout.
(e) Corner lots shall be of sufficient width to permit the required building set-back line for each street the lot abuts.
(f) Flag (panhandle) lots or double frontage (through) lots shall be discouraged and may only be approved if necessitated by unique features or other special physical conditions as deemed necessary by the Planning Commission. These lots shall meet the requirements established for the applicable lot type in § 1226.01: Lot and Principal Building Regulations.
(g) Every lot shall have access to it that is sufficient to afford a reasonable means of ingress and egress for emergency vehicles as well as for all those likely to need or desire access to the property in its intended use.
(Ord. 21-161, passed 12-13-2021)
(a) The arrangement of blocks shall be such as to conform to the street planning criteria set forth in § 1238.12: Streets and Thoroughfares, and shall be arranged to accommodate lots and building sites of the size and character required for the zoning district as set forth in this code.
(b) Subdivisions shall be designed with blocks of sufficient width to permit two tiers of lots of appropriate depth, to the maximum extent feasible.
(c) Where a subdivision adjoins a major thoroughfare, the block shall be oriented so that there will be the fewest points of direct ingress and egress along such major thoroughfare as possible.
(d) Irregularly shaped blocks, those intended for cul-de-sac or loop streets, and those containing interior parks or playgrounds, may be approved if properly designed and located, and if the maintenance of interior public spaces is covered by agreements.
(Ord. 21-161, passed 12-13-2021)
Street lighting for all new subdivisions within the city shall be provided by the electric company, subject to the following provisions.
(a) The developer’s choice of the means and styles of street lighting for any particular new subdivision shall be limited to those styles and systems currently available from the local electric company for such street lighting purposes.
(b) The street lighting system for a new subdivision shall be of a uniform nature and style within that subdivision.
(c) Any street lighting system proposed by the developer of a subdivision must first be approved by the Public Works Department and must comply with the laws of the city pertaining to such subdivisions and street lighting plans.
(Ord. 21-161, passed 12-13-2021)
(a) General street design.
(1) The arrangement, character, width, grade, construction and location of all streets shall conform to the comprehensive land use plan, or other applicable street plans, for the city that are in effect at the time of final plat submission.
(2) The street layout shall provide access to all lots and parcels of land within the subdivision.
(3) Residential local streets shall be designed to discourage through traffic, but offset streets shall be avoided whenever possible.
(4) Where practical, the arrangement of streets in new subdivisions shall make provision for the continuation of existing streets in adjoining areas.
(5) A street that is not constructed to city standards will not be accepted by the city for dedication as a public street.
(b) Traffic control devices. The subdivider shall provide all traffic control devices for the proposed development, including, but not limited to, traffic signals, signs, pavement markings and the like. Refer to the Ohio Manual of Uniform Traffic Control Devices (OMUTC) for details of the devices to be used, and, in some cases, warrants for their use.
(c) Street signage.
(1) All new subdivisions shall be required to install the street signage within each phase on all public and private streets. The signage shall be installed prior to acceptance by the city, and the road being open to vehicular traffic. The signage must be shown on the improvement plans/site plans as submitted for review by the Development Review Committee.
(2) The types and location layouts for the signs on public streets must be in conformance with the Manual of Uniform Traffic Control Devices and the Ohio Department of Transportation specifications and be in compliance with Chapter 404 of this code of ordinances.
(3) In addition to the required street signage, one additional replacement street name sign shall be provided to the Public Works Department for each new street. The signs shall be delivered to the Public Works Department for inventory purposes. Supplying of signs shall only apply to street name signs on public streets.
(4) The maintenance of signage for private streets shall be the responsibility of the subdivider and/or homeowners associations.
(d) Street names and numbering.
(1) Streets that are or will eventually be continuations of existing or platted streets shall be named the same. Street names shall be included on the preliminary plat and final plat.
(2) When a new street is a direct extension of an existing street, the name shall remain the same.
(3) Address numbers shall be assigned by the city in accordance with the current numbering system.
(e) Rounding of property corners.
(1) At all street intersections, the corner of property lines shall be rounded by a radius of not less than 15 feet.
(2) In nonresidential district, a cut-off corner may be substituted in place of a circular arc.
(3) Where two alleys intersect, an eight-foot cutoff shall be provided.
(f) Private streets.
(1) Private streets shall not be permitted except as provided below, in approved PUDs or RPDs;
(2) The PUD or RPD developer shall demonstrate that any proposed private streets are necessary to create a superior design or eliminate a practical hardship;
(3) No more than 20 dwelling units shall be served by a single entrance from a public street to a private street;
(4) The pavement width of private streets and minimum turning radius shall be sufficient enough to accommodate emergency vehicle access;
(5) The pavement design is judged adequate to handle the projected traffic without resurfacing for 15 years;
(6) The private street shall comply with all stormwater drainage requirements applicable to a public street;
(7) The subdivider shall demonstrate that adequate provision has been made for the long-term maintenance of private vehicular areas; and
(8) The city shall not be required to accept a private street as a public street. The city may consider acceptance of the dedication of the street as a public street if the private street is brought up to the same standards as required for public streets by this code.
(g) Street types.
(1) Street rights-of-way.
A. Street right-of-way widths shall not be less than the following:
Table 1238-1: Minimum Street Right-of-Way Widths | |
Street Type | Minimum Right-of-Way Width |
Main thoroughfare - arterial | 80 feet |
Primary street - major collector | 80 feet |
Secondary street - minor collector | 60 feet |
Minor street - local street | 60 feet |
Cul-de-sac | 60 feet |
B. Where there are unusual topographical or other physical conditions, the Planning Commission may require a greater or lesser right-of-way width than that indicated in this section.
(2) Cul-de-sacs.
A. The maximum length of a cul-de-sac shall be 600 feet. Each cul-de-sac shall be provided with a turnaround having a minimum right-of-way radius of 65 feet. The road surface within the cul-de-sac right-of-way shall conform, for dimensions, to the city’s standard drawings.
B. As part of the subdivision plat review, the city shall review the location of mailboxes, lighting, and landscaping in the right-of-way to ensure no interference from safety service vehicles maneuvering through a cul-de-sac.
(3) Half streets. The dedication of half streets shall not be permitted except in special situations. Where there exists a dedicated or platted half street or alley adjacent to the tract being subdivided, the other half shall be platted if deemed necessary by the Planning Commission.
(h) Street pavement.
(1) All streets shall be paved with portland cement concrete with integral curbs. The concrete shall be made with air-entraining type cement or an air-entraining agent shall be added. All concrete shall conform to “Class C” requirements as described in the Ohio Department of Transportation specification. Concrete shall be placed, finished and cured in accordance with the latest Ohio Department of Transportation specifications. Concrete pavement shall be not less than eight inches thick and with a minimum four-inch aggregate subbase. Underdrains shall be required on all concrete streets. Sub-base shall as set forth in the current State of Ohio Department of Transportation Construction and Materials Specifications. Pavement widths shall be 27 feet from back of curb to back of curb on public streets and a minimum of 22 feet on private residential streets.
(2) Contraction, expansion and construction joints shall be provided at intervals as required and shall be properly sealed after construction. The pavement shall be constructed to established grades with an adequate radius at each corner and proper slope to all drainage structures. Test cylinders will be made and the costs of all tests shall be borne by the developer.
(Ord. 21-161, passed 12-13-2021)
(a) Sidewalk installation and maintenance shall be as stated in Chapter 1010 of this code of ordinances.
(b) For private roads, sidewalks shall only be required on one side of the road.
(c) See also § 1234.21: Sidewalks and Sidewalk Connections to a Right-of-Way for sidewalk requirements outside of subdivisions.
(Ord. 21-161, passed 12-13-2021)
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