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(a) No person shall create in a standard subdivision, with a cluster development or Planned Residential Development being excluded, a lot that does not possess the minimum lot width, as required in the Planning and Zoning Code, fronting a dedicated and accepted public thoroughfare, street or highway, without having first secured approval of the required variances.
(b) The Planning Commission may grant approval of division of property pursuant to subsection (a) herein and may require any of the following conditions:
(1) If City water and sewer are available within any point within one thousand feet of a parcel of land to be newly created, that said owner or person seeking the division of said property extend City water and sewer to service the newly created parcel of land.
(2) That the newly created parcel of land have access for ingress and egress to a duly dedicated and accepted public thoroughfare, street or highway with a minimum width of said access way of sixty (60) feet and located thereon a concrete or asphalt pavement a minimum width of twenty (20) feet which shall run and connect to the parcel newly created or to any improvement thereon.
(3) Any other required improvements (see Chapter 1163, General Construction Requirements for Improvements) which the Planning Commission deems necessary. (Ord. 3273. Passed 5-9-24.)
(a) The planning and design of all development projects shall be in accordance with the Planning and Zoning Code, Comprehensive Plan, Streets Utilities and Public Service Code, Building Code, Fire Prevention Code, accepted engineering practices and standards, accepted land planning practices and standards and such other regulations, municipal master plans, requirements, specifications and standards of the Municipality, or other regulatory authority, as may be applicable.
(b) When the Municipality has adopted a Standard Specification for any improvement then the planning and design of such improvement shall evidence strict conformance with said specification.
(c) Private improvements shall be constructed in accordance with the applicable municipal specifications unless otherwise approved by Council.
(d) Utility Easements. Where utilities are not located within a dedicated street right of way the developer shall provide easements for said utilities in accordance with the requirements of the specific utility regulation (see Streets, Utilities and Public Service Code).
(e) Drainage Ways. Easements for open drainage ways shall be provided in accordance with the requirements of Chapter 1165 (Grading and Surface Water Drainage Regulations). Easements for enclosed drainage ways shall be provided in accordance with the requirements of Chapter 929 (Storm Sewer Regulations) of the Codified Ordinances.
(f) Waterways. Drainage courses, ponds, lakes and isolated parcels shall not be accepted unless they are to be a component of private ownership or lands and improvements for public use.
(g) Grading. When any earth moving activities and/or storm water management improvements are proposed or required or necessitated by Municipal regulations said work shall conform to the requirements of Chapter 1165 (Grading and Surface Water Drainage Regulations) of the Land Development Regulations.
(h) Streets and Emergency Access. Rights of way for streets and easements for emergency accessways shall be provided in accordance with the requirements of Chapter 901 (Street Regulations).
(i) Sidewalks and Pedestrian Ways. Rights of way and easements for sidewalks and pedestrian ways shall be provided in accordance with the requirements of Chapter 905 (Sidewalk Regulations).
(j) Street Trees. The planting and removal of street trees shall be in accordance with the requirements of the Streets and Sidewalk Area Code and Chapter 909 (Trees) therein
(k) Natural Features. The natural features and other distinctive characteristics of the site shall be integrated into the plan to create functional variations in neighborhoods and more attractive building sites. Brooks, lakes, hilltops and other focal points within, and distant views outside, the development project shall be integrated in the design to obtain natural variations and interest in each neighborhood. Trees, topsoil and other natural resources shall be preserved and utilized in the development project.
(l) Low lying areas which are subject to flooding, and easements or rights of way for open channel drainage ways, may be included as part of a lot but shall not be used as a building site or included in calculating the required lot area or width.
(Ord. 3273. Passed 5-9-24.)
(a) Improvements Within the Development.
(1) Land for the right of way for all local streets within the development and for all collector and arterial streets within, or on the boundary of, the development shall be dedicated by the developer, and all easements shall be provided.
(2) Utilities and pavements shall be furnished and installed as required by Municipal regulations. They shall be of such sizes and capacities as are required to serve the subject development project, and as may be necessary to serve adjacent land which is an integral part of the service area. However, the developer may not be required to pay for that part of the construction of the pavements of major streets, major trunk line sewers or major water mains which are determined by the Approving Authority to be in excess of the size required for the subject development project and integral service area.
(3) In major developments the developer shall be required to extend street and utility improvements to the boundaries of the proposed project to serve adjoining undeveloped land and/or to connect with such extensions, or the provisions therefor, as may exist on adjacent lands. However, where the Approving Authority determines that a connecting street or utility service is necessary or the future development of adjoining land, but the present construction of pavement and/or utilities are not warranted, the Approving Authority shall, at a minimum, require easements or the dedication of land for such connecting street or utility service; and require that provisions be made, in accordance with the specific improvement regulations, for the future extension of said streets and/or utilities by other developers.
(b) Off site Extensions. The construction of off site improvements to serve a proposed development project may be required of the developer as a precedence to approval if adequate utilities and/or streets are not available at the boundary of the proposed project. However, should the Approving Authority find that the actual construction of such extension of the improvements across undeveloped or unserved areas would not be warranted as either a special assessment to the intervening properties or as a municipal expense, until some future date, then the Approving Authority may waive construction thereof but shall require such easements and/or rights of way as may be necessary therefor.
(c) Determination of Scope of Improvements. In making determinations for the reasonable participation by the developer for the construction of off site extensions or a major street, major trunk sewer line or major water main shall consider the following conditions in addition to the standards set forth in this chapter and other regulations of the Municipality:
(1) The relative location and size of the proposed development;
(2) The traffic estimated to be generated by the development in relation to present streets;
(3) The natural drainage area for sewers and the service area for water;
(4) The benefits that will accrue to the development;
(5) The sequence of land and utility developments in the vicinity;
(6) Any other conditions it may find pertinent.
(d) Non municipal utilities (including, but not limited to, gas, electric, telephone, and cable television) shall be installed underground. The installations shall be in accordance with all applicable codes and requirements. Where said utilities presently exist above ground (excepting those within dedicated rights of way) they shall be removed and placed underground. New installations of non municipal utilities shall not be permitted within a right of way or easement dedicated to public use.
(Ord. 3273. Passed 5-9-24.)
1163.01
General requirements.
1163.03
Performance guarantees.
1163.05
Maintenance guarantee.
1163.07
Construction inspection and testing.
The improvements required for each development are determined according to the proposed land uses; accessibility of existing and planned Municipal storm and sanitary sewers, the proximity of Municipal water mains; the relationship of the proposed development project to existing, or planned, streets and sidewalks; the relationship to other existing or planned development projects and improvements on adjacent lands (or the absence thereof); topography of the subject lands including any existing or potential drainage problems; and improvements delineated in the Comprehensive Plan.
The streets, utilities and other improvements which are required by Municipal regulations are the minimum necessary improvements to provide essential services; safe and adequate access to property; and to provide for the public safety, health and general welfare. The requirements for said improvements are based upon the Municipality's experience with development within the corporate limits and accepted land planning and engineering practices and standards. It is intended that said improvements shall be provided and installed by the developer at his expense. Further, that the developer shall dedicate all land required for rights of way, easements, and other public uses; furnish and install all improvements serving the development project, including the extension of said improvements to the project boundaries, and/or off site, as may be required by the Municipality in order to provide a complete and coordinated systems of streets and utilities and to provide for the future continuation thereof.
(Ord. 3273. Passed 5-9-24.)
(a) The developer shall post performance guarantees to guarantee the construction of required improvements under any of the following circumstances:
(1) When public funds of the Municipality are to be used in the construction of any improvements, or portions thereof.
(2) As a condition of approval for any variance or other modification which may be granted to any Municipal regulation.
(3) As a condition of approval for any major subdivision, planned unit development, or lands and improvements to be dedicated to public use to guarantee that all aspects of the project shall be constructed as shown and described in the approved Construction Documents submittal and in conformance with all applicable Municipal requirements.
(4) The Approving Authority may, at its sole discretion, require the developer to post such performance guarantees as the Authority deems appropriate in the public interest for any or all improvements due to the nature, circumstances, financing or classification of the proposed project; or for other just cause.
(5) Performance guarantees shall be required when such requirement is set forth in other Municipal regulations.
(b) The requirements for such guarantees shall be as follows, unless otherwise approved by Council:
(1) Type of Guarantees. The developer shall execute and file with the Municipality, a single financial guarantee to guarantee the installation and completion of the designated improvements. Such guarantee shall be in the form of surety acceptable to the Law Director.
(2) Term. The term of such guarantee shall be determined by the Law Director, however, they shall be for not less than one (1) year; and shall not be for a longer period than three (3) years unless Council, by resolution, extends the time.
(3) Amount of Guarantee. The developer shall prepare his actual cost estimates and forward same, with supporting documentation in adequate detail, to the Municipal Engineer for verification of the accuracy, adequacy and appropriateness of the estimated costs. The Municipal Engineer shall adjust the estimate to reflect the labor costs calculated on the then current "Prevailing Wage Determination" of the Ohio Dept. of Industrial Relations.
A. A one (1) year financial guarantee shall be in an amount equal to one hundred percent (100%) of the estimated total of all materials and labor costs to provide and install the required improvements at the then current "prevailing wage".
B. For terms greater than one year the guarantee shall be in an amount equal to the base one hundred percent (100%), as provided for herein, plus ten percent (10%) thereof for each additional six (6) months of term (i.e. a three year guarantee shall be for one hundred forty percent (140%) of the total estimated costs at "prevailing wages").
(c) Progressive Installation. When all, or any portion of the work on an improvement has, upon inspection, been found satisfactorily completed, a reduction in the surety, or partial withdrawal of funds equal to the estimated cost of said completed work, may be authorized by the Approving Authority.
(1) Prior to any subsequent partial reduction in the surety or partial withdrawal of funds, the developer shall submit a notarized lien release certifying that all monies due and payable to vendors, contractors and subcontractors who have provided materials and/or labor for work previously completed have been paid for all such material and labor provided. Until said notarized lien release has been received and approved by the Municipality, no additional withdrawal of funds or reduction in the surety shall be authorized.
(2) Prior to the final reduction in the surety or final release of funds, the developer shall submit a notarized lien release certifying that all monies due and payable to vendors, contractors and subcontractors who have provided materials and/or labor for any work have been paid in full for all such material and labor provided.
(d) Forfeiture of Guarantees. When performance, maintenance, or other guarantees have been posted and thereafter the developer fails to diligently pursue the work; or fails to complete the installation of the guaranteed improvements; or fails to construct said improvements in accordance with the approved Construction Document submittal; or otherwise fails to conform with any terms and/or conditions of the guarantee or of any Municipal approvals or Municipal requirements for the subject project, then the Municipality, after giving notice which it deems reasonable under the particular circumstances, shall utilize such monies or bonds as have been posted. (Ord. 3273. Passed 5-9-24.)
(a) The developer shall guarantee the materials and workmanship of all improvements to be dedicated to public use, and certain private improvements when so required by Municipal regulations, for an eighteen (18) month period after acceptance of dedicated improvements, or approval of private improvements, by the Municipality.
(b) In order to secure the guarantee, the developer shall provide a letter of credit, cash in bank, a maintenance bond or other single surety acceptable to, and subject to the approval of, the Approving Authority in an amount equal to fifteen percent (15%) of the total estimated cost of the improvement (as determined in Section 1163.03(b)(3) above).
(c) If the maintenance guarantee balance should be depleted during its term to less than the original amount, then the developer shall replenish the guarantee to the amount originally required within thirty (30) days of notification to accomplish same or forfeit the entire remaining guarantee balance. (Ord. 3273. Passed 5-9-24.)
The construction of any improvement shall be subject to inspection by the Municipality for determination of conformance with the approved construction documents and applicable Municipal requirements. The work and materials shall be subject to testing by the Municipality, as may be appropriate in accordance with accepted engineering practice, for determination of conformance with the specifications and applicable engineering standards. The cost of such inspections and testing shall be paid by the developer prior to final construction approval being granted.
(Ord. 3273. Passed 5-9-24.)