(a) Applicability: This section, in its entirety, shall apply to all Major Subdivisions, PUDs, PCRDs, and any other developments requiring the submission of a Site Plan, as outlined in Section 1115.08
.
(b) General Procedures – Major Subdivisions:
(1) Construction Plans: Prior to beginning construction on any improvements in a Major Subdivision or any section thereof, Construction Plans showing contemplated improvements for the required streets, utilities and other facilities required by this Section shall be submitted and approved in accordance with Section 1115.06.
(2) Guarantees: Before approval of Construction Plans for a Major Subdivision or any section thereof will be granted, the Subdivider or Developer must file a guarantee with the City, in accordance with Section 1111.03(e), to assure completion of the required public improvements.
(3) Inspection Fees: Before approval of Construction Plans for a Major Subdivision or any section thereof will be granted, the Subdivider or Developer shall pay to the City a fee to provide for the inspection of the various public improvements as they are constructed. Inspection fees shall be charged at the rate of two and one-half percent (2½%) of the estimated cost of the improvements. The fees shall be used to defray the cost of plan review, field inspection during the one- (1) year maintenance warranty period and any other incidental expenses directly related to the contracted improvement. Any costs incurred in excess of the two and one-half percent (2½%) shall be billed to the Subdivider or Developer. Any costs in excess of the two and one-half percent (2½%) shall be paid to the City before acceptance by the City of any improvements for operation and maintenance.
(4) Acceptance by City: No public improvements in a Major Subdivision shall be accepted by the City unless installed and constructed in accordance with this UDO. Acceptance of such improvements shall follow the procedures set forth in Section 1115.06.
(c) General Procedures – PUDs and PCRD’s:
(1) Construction Plans: Prior to beginning construction on any improvements in a PUD/PRCD or any section thereof, Construction Plans showing contemplated improvements for the required streets, utilities and other facilities required by this Section shall be submitted and approved in accordance with Section 1115.05.
(2) Guarantees: Before approval of Construction Plans for a PUD/PRCD or any section thereof will be granted, the Developer must file a guarantee with the City, in accordance with Section 1111.03(e), to assure completion of the required public improvements.
(3) Inspection Fees: Before approval of Construction Plans for a PUD/PRCD or any section thereof will be granted, the Developer shall pay to the City a fee to provide for the inspection of the various public improvements as they are constructed. Inspection fees shall be charged at the rate of two and one-half percent (2½%) of the estimated cost of the improvements. The fees shall be used to defray the cost of plan review, field inspection during the one- (1) year maintenance warranty period and any other incidental expenses directly related to the contracted improvement. Any costs incurred in excess of the two and one-half percent (2½%) shall be billed to the Developer. Any costs in excess of the two and one-half percent (2½%) shall be paid to the City before acceptance by the City of any improvements for operation and maintenance.
(4) Acceptance by City: No public improvements in a PUD or PRCD shall be accepted by the City unless installed and constructed in accordance with this UDO. Acceptance of such improvements shall follow the procedures set forth in Section 1115.05.
(d) General Procedures – Other Developments:
(1) Construction Plans: Prior to beginning construction on any improvements shown on the Final Site Plan, Construction Plans showing contemplated improvements for the required streets, utilities and other facilities required by this Section shall be submitted and approved in accordance with Section 1115.08.
(2) Guarantees: Before approval of the Construction Plans will be granted, the Developer must file a guarantee with the City, in accordance with Section 1111.03(e), to assure completion of the required public improvements.
(3) Inspection Fees: Before approval of Construction Plans will be granted, the Developer shall pay to the City a fee to provide for the inspection of the various public improvements as they are constructed. Inspection fees shall be charged at the rate of two and one-half percent (2½%) of the estimated cost of the improvements. The fees shall be used to defray the cost of plan review, field inspection during the one- (1) year maintenance warranty period and any other incidental expenses directly related to the contracted improvement. Any costs incurred in excess of the two and one-half percent (2½%) shall be billed to the Developer. Any costs in excess of the two and one-half percent (2½%) shall be paid to the City before acceptance by the City of any improvements for operation and maintenance.
(4) Acceptance by City: No public improvements shown on a Final Site Plan shall be accepted by the City unless installed and constructed in accordance with this UDO. Acceptance of such improvements shall follow the procedures set forth in Section 1115.08.
(e) Guarantees: The Subdivider or Developer shall enter into a contract with the City for the completion of the required public improvements, and shall provide a financial guarantee of performance in one or a combination of the following arrangements, subject to the review of Council:
(1) Performance Bond: A performance or surety bond sufficient to cover the full cost of the contemplated improvements, as estimated by the Subdivider’s or Developer’s Engineer and as approved by the City Engineer, and payable to the City of Eaton, shall be filed with the Finance Director to assure satisfactory installation of said improvements in accordance with these regulations. Such bond shall specify the time period in which the improvements are to be completed and shall be with an acceptable bonding company authorized to do business in Ohio by the Secretary of State.
(2) Escrow Fund: The Subdivider or Developer may enter into an escrow agreement with the City, and may deposit in a financial institution, as approved by the City’s Finance Director, a sum equal to the total estimated cost of the contemplated improvements, to be held in escrow for the estimated time period necessary to complete the required public improvements, to guarantee the satisfactory completion of said improvements within the required time. The escrow agreement may provide for the making of payments from such funds, from time to time, upon the written certification of the City Engineer that the balance remaining in the fund after such payments will, in his opinion, be adequate to pay the remaining costs of any unfinished improvements.
(3) Deposit with the City: A cash deposit or certified check sufficient to cover the full cost of the contemplated improvements, as estimated by the Subdivider’s or Developer’s Engineer and as approved by the City Engineer, may be deposited with the Finance Director. In the case of either cash deposits or certified checks, an agreement between the City and the Subdivider or Developer may provide for progressive payments out of the cash deposit or reduction of the certified check from time to time, upon the written certification of the City Engineer that the balance of funds remaining after such payments will, in his opinion, be adequate to pay the remaining costs of any unfinished improvements.
(f) Required Public Improvements: Every Major Subdivision, PUD, PCRD or other development to which this Chapter applies shall be required to provide complete public utilities, including water, sanitary sewers and storm sewers, and full street improvements, including street paving, curbs, gutters, street trees, street lighting, and sidewalks. The Subdivider or Developer shall be responsible, at his own cost, for making application for and obtaining all necessary permits and approvals from the Ohio EPA. The minimum standards for required public improvements shall be as follows:
(1) Water: A public water system containing an eight-inch minimum supply line, fire hydrants, valves and other water system appurtenances shall be constructed. The Subdivider or Developer shall provide the subdivision or development with a complete loop type water distribution system, unless otherwise directed by the City. The system shall be adequate to serve the area being platted or developed, shall include a connection for each lot, and shall include appropriately spaced fire hydrants in accordance with the requirements of the City of Eaton. The entire water system shall be designed to meet the approval of the City.
(2) Sanitary Sewers: A public sanitary sewer system containing an eight-inch minimum size pipe shall be constructed and the sewer size, grade and other appurtenances of the system shall be constructed in conformity with the requirements of the City Engineer. The Subdivider or Developer shall provide the subdivision or development with a complete sanitary sewer connected with such sewer main, including a lateral connection for each lot. Where a public sanitary main is not reasonable accessible, in the opinion of the Planning Board, proper provisions shall be made for the disposal of sanitary wastes by one or the other of the following methods, as the case may be:
A. In the case of a subdivision or development in which the average size of lots is less than one-half acre, the subdivision shall be provided with a complete sewer system, including a lateral connection for each lot, and a community sewage treatment plant of a type meeting the approval of the City Engineer and the Health Commissioner. The right of the City to charge the actual cost of operating and maintaining such treatment plant shall be filed with the final or record plat and incorporated in each deed.
B. In the case of a subdivision or development in which the average size of lots in one-half acre or more in area, and where the City Engineer and Health Commissioner deem it appropriate, based on soil and other conditions as determined by percolation and other tests, private restrictions shall be filed with the final or record plat or deed(s) calling for the installation on each lot of an individual sewage disposal system meeting fully the requirements of the officials having jurisdiction.
(3) Storm Sewers: A storm drainage system, including necessary storm sewers, drain inlets, manholes, culverts and other necessary appurtenances shall be required and constructed in conformity with the requirements of the City Engineer. The Subdivider or Developer shall provide the subdivision or development with a storm water sewer or drainage system adequate to serve the area being platted or developed.
A. All natural water drainage ways shall be preserved at their natural gradient unless otherwise determined by the Planning Board upon recommendation from the City Engineer.
B. All lots shall be finish graded so that all storm waters shall drain easily from the site.
(4) Streets: Full street improvements, including adequate subgrade preparation, hard surfacing, curbs and gutters shall be required in every subdivision and development, as applicable, in conformity with the construction standards of the City Engineer. The minimum standards for such street improvement shall be as follows:
A. Street surfacing. Streets shall be fully constructed with all-weather macadam or concrete pavements surfaced with asphaltic or Portland cement concrete wearing surfaces, concrete curbs and gutters with tile underdrain and porous backfill and proper storm drains and inlets.
B. Street surfacing width. Minimum street surfacing widths shall be as follows:
Classification To Backs of Curbs (in Feet) Minor streets 35 Neighborhood collector streets 41 Major streets 52 |
Added street pavement width may be required by the Planning Board for minor streets which are designed to serve high density residential developments and commercial or industrial subdivisions.
C. Curbs and gutters. Curbs and gutters of a type approved by the City Engineer shall be provided for all streets within each subdivision or development, provided, however, that curbs and gutters shall not be required in subdivisions/developments in which the Planning Board, pursuant to Section 1109.06, has waived permanently or conditionally the necessity of sidewalks.
D. Street islands and boulevards. Where the Subdivider or Developer proposes boulevard streets and/or street islands in his street layout, he shall make suitable plans for landscaping the boulevard or island areas. All such landscaping plans shall be approved as to height, size and type of plant material by the Zoning and Building Official and City Engineer.
E. Sidewalks and Crosswalks. Each subdivision or development shall provide concrete sidewalks five (5) feet in width on both sides of the street, in accordance with the City Engineer’s specifications. The Planning Board may reduce the requirement to four (4) feet where, in its judgment, such improvement will adequately serve the pedestrian needs of the subdivision or development. Crosswalks, where required, shall have a five (5) foot paving width centered within the required ten (10) foot public right of way.
F. Alleys. Alleys, where permitted, shall be paved in concrete or other bituminous material in accordance with specifications approved by the City Engineer.
G. Street Trees. Street trees shall be required in each subdivision or development of a type, size and location as specified by the City.
H. Monuments. Monuments shall be placed at all block corners, angle points and points of curves in streets and at such other points as required by the City Engineer.
I. Street Lights. Standard street lights shall be installed at street intersections and at such other locations as may be required to maintain minimum standards of public safety. If the Subdivider or Developer choose to install fixture types other than the standard fixture type, he shall place a covenant on each lot in the subdivision or development stating that said lots shall be a part of a special street lighting district, and that the owners of said lots shall collectively be responsible for the payment of the maintenance and replacement of said lights. Such costs shall be the difference between the cost of maintenance and replacement of standard street lights and the alternative lights installed, and said costs shall be divided equally among all the owners in the special district and shall be added on a monthly basis to their City utility bill. In the case of a condominium development, the Developer shall place within the condominium documents and the Homeowners Association bylaws that the Homeowners Association shall be responsible for the cost of the maintenance and replacements of said lights, which costs shall be billed on a monthly basis to the Homeowners Association.
J. Street Name Signs. The City will erect the necessary street and traffic sign, and the Subdivider or Developer shall reimburse the City for the cost thereof. The City shall install the standard street name signs, unless the Subdivider or Developer requests the installation of street name signs of a character or design which reflects the particular characteristics of the subdivision or development, and agrees to pay the cost thereof. Such special signing arrangements may be approved by the Planning Board.
K. Electric and Telephone Lines. Where it is necessary to locate electric or telephone lines in the street right-of-way, they shall be located in accordance with the City’s right-of-way ordinance and/or as directed by the City Engineer.
(g) Optional Public Improvements:
Landscaping. Landscape planting, louvered fences for screening, or other suitable landscape treatment may be made by the subdivider within required greenbelts, buffer parks or other open spaces where he desires to protect his development from the detrimental effects of adjacent expressways, major streets, railroads or other land uses. Such landscape plans should be indicated on the Subdivider’s or Developer’s construction plans and shall be approved by the Planning Board after review by the Building Officer and City Engineer.
(h) Modifications and Conditions:
(1) Where the Planning Board finds that strict compliance with the minimum improvement requirements provided for in this chapter results in extraordinary hardship or costs being imposed upon a particular subdivision, PUD, PRCD or other development, it may vary these improvement regulations so that substantial justice may be done and the public interest secured.
(2) In granting modifications of these requirements, the Planning Board may require such conditions as will, in its judgment, secure the objectives of the standards or requirements so varied or modified.
(i) Penalty for Non-Completion: Should the Subdivider or Developer fail to complete the required public improvement work within the time period required by the conditions of the guarantees as outlined above, the City shall proceed to have such work completed and reimburse itself for the cost thereof by appropriating the cash deposit, certified check or surety bond, or shall take the necessary steps to require performance by the bonding company.
(Ord. 05-16. Passed 11-7-05.)