(A) General. If the subdivision meets the following conditions and requirements, then the Subdivider may conform to the hereinafter described minimum design and development standards, although the Subdivider shall conform to all development standards and requirements of this Chapter 159 except as expressly and specifically modified and addressed within this Section.
(B) Conditions and Requirements. The subdivision shall be eligible to utilize the special minimum design and development standards of this Section if and only if the following conditions are met:
(1) The subdivision must be located within the corporate limits of the City of Mt. Vernon or must be located within one and one-half (1-1/2) miles of the corporate limits and be subject to a valid Agreement to Annex (pre-annexation agreement) providing for annexation of all property within the subdivision upon same becoming contiguous to the corporate limits.
(2) The subdivision must have an R- 1 Zoning Classification, Low Density Residential District and must conform in every respect to all R-1 Zoning Classification requirements without variance or exception.
(3) Availability of and access to the municipal sewer system of the City must be present for immediate connection for each lot within the subdivision unless the cost of construction for the extension and connection to the municipal sanitary sewer system to serve all of the lots in the subdivision exceeds the sum of $5,000 per lot or the estimated cost of private sewage disposal, whichever is greater as determined by the City and as determined pursuant to Subsection (C)(4) herein.
(1) (a) The Plat of Subdivision and the Declaration of Subdivision shall include a restrictive covenant that the minimum floor area for any residential dwelling shall be not less than 1,200 square feet exclusive of the garage area, and the maximum floor area of any residential dwelling shall not be more than 2,000 square feet exclusive of the garage area, except the covenant may provide that the restriction governing the maximum floor area shall expire 24 months from the date that a Certificate of Occupancy is issued by the City for the residential dwelling. In addition, the minimum floor area and the maximum floor area during 24 months from the date of the Certificate of Occupancy provided herein shall be a requirement of this ordinance.
(b) Alternatively, if the subdivider desires to construct a residential dwelling on one or more lots within the subdivision that is 2,000 square feet or greater exclusive of the garage area, then the Plat of Subdivision and the Declaration of Subdivision shall include a restrictive covenant that the minimum floor area for any residential dwelling shall not be less than 1,500 square feet exclusive of a garage area, which restrictive covenant shall continue without expiration, it being the intent and requirement of this provision that if any residential unit within the subdivision has a square footage of 2,000 feet or greater then all of the residential dwelling units within the subdivision shall have a square footage of at least 1,500 square feet or greater.
(2) (a) The pavement designed for streets shall conform to the standards specified within Plat 2 of § 159.14 as follows:
1. 24’ of 3” bituminous over 9” of compacted gravel base.
2. 24’ of 7 2 A of Portland concrete non-reinforced.
3. 6’ of 6” compacted gravel shoulder upon each side of the street.
4. An open drainage swale with slopes to be a minimum 4 to 1.
5. The bottom of the drainage swale shall be a minimum of 2’ below the edge of the street.
6. No utilities shall be located within 10’ of the edge of the surface of the street.
7. Each driveway culvert shall be a minimum of 15” in diameter RCCP pipe and shall extend 5 feet from the edge of the driveway surface; driveway culverts shall have flared end sections on each end of the culvert and the flared end sections shall not be counted as part of the 5 foot extension.
(b) The Declaration of Subdivision shall include restrictive covenants incorporating subparagraph (C)(2)(a)4.; subparagraph (C)(2)(a)5. and subparagraph (C)(2)(a)6.; in addition, the Declaration of Subdivision shall include a restrictive covenant that no fill, improvement, or other construction shall be made at any time so as to cause any drainage swale to fail to meet the minimum requirements provided herein. Any person who shall make any fill, construction or improvement so as to cause a drainage swale not to meet the minimum requirement shall be subject to a fine and shall be liable for all costs incurred in restoring the drainage swale to the required standards.
(c) The minimum right-of-way for local streets, including marginal access streets shall be seventy feet (70’). All cul-de-sacs shall terminate in a circular right-of-way with a minimum diameter of one hundred feet (100’) and with a minimum diameter of seventy-five feet (75’) for the vehicle turn around (i.e. paved area). The City may require a wider right-of-way in order to comply with typical street cross section with minimum drainage swale and bank slopes.
(3) If the proposed subdivision is contiguous with the corporate limits of the City of Mt. Vernon, all of the proposed subdivisions shall be annexed to the City prior to subdivision. If the proposed subdivision is not within the corporate limits of the City of Mt. Vernon and if the proposed subdivision is not contiguous to the corporate limits of the City of Mt. Vernon the Declaration of Subdivision shall include a restrictive covenant that the subdivision is subject to an Agreement to Annex providing for the annexation of all property within the subdivision to the City of Mt. Vernon upon the property comprising the subdivision becoming contiguous to the corporate limits of the City of Mt. Vernon; and said Agreement to Annex shall be executed by all owners, occupants and necessary parties prior to subdivision approval.
(4) (a) Unless state law otherwise requires, if the cost of construction for the extension and connection of the municipal sanitary sewer system to serve all of the lots in the subdivision exceeds the sum of $5,000 per lot or the estimated cost of private sewage disposal as determined by the City, whichever is greater, then private sewage disposal may be utilized. Calculation of the costs of sewage disposal shall be determined by the estimated number of lots based upon the smallest lot within the proposed subdivision and based upon the area within the subdivision and within all projected subsequent phases thereof and all contiguous real estate owned in whole or in part, directly or indirectly, by the Developer and/or Subdivider and/or Owner including without limitation any developed or undeveloped land and any non-subdivided and/or subdivided lands. In addition, any tract of real estate of which the proposed subdivision formed a part as of March 1, 2002 shall be considered in the calculation of the cost of sewage disposal.
(b) If each lot within the proposed subdivision is not immediately connected to the municipal sanitary sewer system, the Declaration of Subdivision shall include a restrictive covenant that, in the event the City of Mt. Vernon municipal sanitary sewer is extended to within 100 feet of the subdivision boundary, the owners of lots in the subdivision will be required to extend the City of Mt. Vernon municipal sanitary sewer through the subdivision and that each lot owner shall bear the construction costs, proportioned by lot frontage, and shall grant at no charge an easement to the City of Mt. Vernon at such location and in such width as determined by the City of Mt. Vernon for the construction of the municipal sanitary sewer, unless an easement for the municipal sanitary sewer is incorporated in the approved and recorded plat of the subdivision.
(c) A plan prepared by a licensed professional engineer for the municipal sanitary sewer extension shall be submitted to the City for review within 90 days of the municipal sanitary sewer becoming available and accessible within 100 feet of the subdivision boundary. Each lot must connect to the municipal sanitary sewer system during the construction of the extension, which shall be completed within 180 days of the plan approval by the City. All required permits shall be acquired prior to commencement of any municipal sanitary sewer construction activities. If the owners of the lots fail to construct the municipal sewer or shall fail to comply with any provision herein, all costs incurred by the City in enforcing this Ordinance, including but not limited to attorneys’ fees, engineering fees, construction costs, and all expenses of every kind shall be personally assessed to each lot owner and a lien shall attach to each lot for said expenses.
(5) Sidewalks shall not be required unless the subdivision shall be immediately adjacent to a subdivision with sidewalks which extend to or would reasonably be expected to extend to or through the proposed subdivision.
(6) If the subdivision consists of 5 acres or more, storm water management (including both erosion control and storm water detention) shall be required and detailed upon the subdivision plans and plat.
(7) The Subdivider and/or Developer shall immediately grade and seed all unpaved areas of any publicly dedicated right-of-way and shall maintain said areas until acceptance of the street by city.
(8) Except as expressly and specifically modified within this sub-section, the subdivision and the Owner and/or Subdivider and/or Developer shall comply with all other provisions of this Chapter 159 of the Revised Code of ordinances. With regard to the modifications provided within this sub-section, there shall be no variance or exceptions therefrom.
(Prior Code, Art. 17, § 17.8)