Loading...
With respect to double frontage lots, dual access shall be prohibited except by approval of the City Council and a permit so issued under the terms and conditions as established by the Council.
(2005 Code, § 13-1-22) (Ord. 940804A, passed - -; Ord. passed 4-21-2005)
(A) The City of Heath may, but is not obligated to, accept private streets into the public street and roadway system of the city upon conformance to the following provisions:
(1) A petition, signed by property owners representing at least 66-2/3% of the lots abutting a private street, must be submitted to the City Secretary. The petition shall be submitted on forms obtained from the City Secretary. In the alternative, the Board of Directors of the Homeowners Association (HOA) for the affected subdivision may submit a notice procedure to the affected property owners. The procedure must be submitted to the City Secretary and approved by the City Council prior to any acceptance;
(2) All of the infrastructure must be in a condition that is acceptable to the city;
(3) All security stations and other structures not consistent with a public street development must be removed or disabled;
(4) The City Council may require that monies in a homeowner association fund, designated for street maintenance, be delivered to the city. In the absence of a homeowners association and/or the fund, the Council may require the property owners to reimburse the city for any street maintenance provided during a period of time specified by the Council;
(5) The subdivision plat must be submitted as a re-plat dedicating the rights of way and other easement to the city; and
(6) Any and all homeowner association documents must be modified and re-filed to remove any specific reference to any private streets converted to public streets.
(B) For private streets that do not meet the requirements of divisions(A)(1) through (6) above, the following procedure may be considered by the City Council to accept the private streets:
(1) In order for the City Council to consider a petition requesting that the city take over ownership and maintenance of a private street under this section, the petition must be signed by a minimum of 80% of the property owners abutting the private street and must be submitted to the City Secretary. The petition shall be submitted on forms obtained from the City Secretary;
(2) The subdivision or properties would need to be either platted or replatted dedicating 100% of the right-of-way needed for the project including any additional utility easement needed for the improvements;
(3) The petition must request that the city finance, design, and construct a new street to city standards along with water and sanitary sewer lines (sewer if available in the area);
(4) The city would be responsible for 50% of the street paving design and construction cost, of the cost of water system upgrades relating to providing fire flow, and the city would be responsible for 0% of the sanitary sewer design and construction cost;
(5) The petitioners would be responsible for 50% of the street paving design and construction cost, 100% of the sanitary sewer design and construction cost, and 0% of the water line improvement cost;
(6) Should the City Council agree to the proposed project, the city would have up to 24 months to begin construction in order to allow time for budgeting and design of the project;
(7) The project may be financed for up to 20 years with reimbursement collected from each property owner. Financing and payback will be determined at the time of the application and construction of the improvements. City may enter into an agreement with property owners on a form approved by the city which shall identify the estimated cost of the improvement or expansion, the schedule for initiation and completion of the improvement or expansion, a requirement that the improvement or expansion be designed and completed to city standards and any other terms and conditions as deemed necessary by the city. The agreement shall provide for the method to be used to determine the amount of the reimbursement by the property owner for construction of the improvements or expansion in accordance with this section;
(8) The city may finance the project through the issuance of bonds or through any other authorized mechanism, in such manner and subject to such limitations as may be provided by law; and
(9) Nothing in this section shall be deemed in any way to be an exclusive method of enforcing the payment of the costs against the property owner, and shall not be deemed in any manner to be a waiver of the city's right to validly assess the property owners concerned for costs of the installation of improvements or expansion and to fix and enforce liens against the properties, all of which may be done as provided herein in the manner allowed by law. The liens are security for the expenditures made and interest accruing as allowed by law.
(C) Upon certification of the requisite number of signatures on the petition by the City Secretary, if such is presented in accordance with division (A)(1) above, the City Council shall consider the petition at its first available meeting upon due notice being given to the HOA.
(2005 Code, § 13-1-23) (Ord. passed 4-21-2005; Ord. 050421C, passed - -2005; Ord. 050818, passed - -2005; Ord. 060302, passed 3-2-2006; Ord. 151110E, passed 11-10-2015; Ord. 170328-B, passed 3-28-2017)
(A) General requirements; non-residentially zoned property.
(1) On non-residentially zoned property, in instances where land is required for trail construction in accordance with the Parks, Recreation, and Trails Master Plan in the city's Comprehensive Plan, the city shall have the right to require the land dedication for approval on the final plat or refuse the same.
(2) Land dedicated for trails shall be developed in accordance with the provisions herein.
(B) Land dedication for trail development.
(1) In instances where land dedication for trail development is required, the Council shall have the right to require construction of a trail in accordance with the city's engineering and design guidelines.
(2) Construction of a trail must be completed in conjunction with all other public improvements/infrastructure and approved by the city prior to release of a building permit, or as a part of the building improvement as approved by the Council. All improvements or construction on or within the dedicated area to be installed by the applicant/developer shall be completed in accordance with the approved construction plans. Finished projects shall be maintainable and acceptable as determined by the City Engineer.
(3) In instances where a sidewalk and trail are in the same location, the trail will replace the sidewalk. Park development fees will only be credited for the difference of the required width between a sidewalk and the trail. The applicant/developer may receive a credit of park development fees equal to the cost of construction up to the amount of the fees required. Reimbursement will not be made to the applicant/developer for any amount of construction costs in excess of the required fees credited.
(Ord. 180327B, passed 3-27-2018)
TREE PRESERVATION
(A)
The purpose of this subchapter is to encourage the preservation of mature trees, to preserve protected trees during construction and to control the removal of protected trees when necessary.
(B) It is the intent of this chapter to achieve the following:
(1) Prohibit the indiscriminate clearing of property;
(2) Protect and increase the value of residential and commercial properties within the city;
(3) Maintain and enhance a positive image for the attraction of new business enterprises to the City;
(4) Protect healthy trees and promote the natural ecological, environmental and aesthetic qualities of the city;
(5) Help provide needed shaded areas in order to provide relief from the heat by reducing the ambient temperature; and
(6) Establish the Tree Preservation Fund to be administered by the City Manager, or his or her designee, in conformance with an approved treescape plan.
(2005 Code, § 13-2-1) (Ord. 200825A, passed 8-25-2020)
(A)
This chapter shall apply to all real property within the city limits of the city except as provided for in § 158.44.
(B) The provisions of this subchapter shall be administered and enforced by the City Manager or his or her designee.
(2005 Code, § 13-2-2) (Ord. 200825A, passed 8-25-2020)
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DRIP LINE. A vertical line that runs through the outermost portion of the crown of a tree and extending to the ground.
PROTECTED TREE. A tree of any species which has a diameter of three inches or greater measured at a point four and one-half feet above ground level, which if removed, shall be subject to replacement and mitigation in conformance with the methods and procedures described in this subchapter.
REPLACEMENT TREE. A tree species included in the qualified tree list detailed in § 158.45 as adopted by the City Council, as amended by the City Council from time to time, of which is required to replace a removed protected tree in conformance with the methods and procedures described in this subchapter. REPLACEMENT TREES shall be of the minimum diameter width established in § 158.41(C).
TREE. A self-supporting woody perennial plant which has a trunk diameter of three inches or more when measured at a point four and one-half feet above ground level and which normally attains a height of at least 20 feet at maturity, usually with one main stem or trunk and many branches. It may appear to have several stems or trunks as in several varieties of oaks.
TREESCAPE PLAN. A graphic representation drawn to the largest scale practical showing the exact location, size (trunk diameter and height), and common name of all protected trees and indication of which trees are to be removed or replaced. The TREESCAPE PLAN requirements are more fully described in § 158.38.
(2005 Code, § 13-2-3) (Ord. 200825A, passed 8-25-2020)
Loading...