1114.01
Purpose.
1114.02
Applicability.
1114.03
Conformity to development plans, zoning and engineering standards.
1114.04
Sale of land in subdivisions, start of construction, and permitting.
1114.05
Responsibility and timing for public improvements.
1114.06
Financial guarantees for public improvements.
1114.07
Developer’s agreement.
1114.08
General design requirements.
1114.09
Blocks.
1114.10
Lots.
1114.11
Tree planting and preservation.
1114.12
Street design.
1114.13
Sidewalks and crosswalks.
1114.14
Utilities.
1114.15
Easements.
1114.16
Green infrastructure.
The purpose of this chapter is to:
(a) Establish standard requirements, conditions, and procedures for the design and review of subdivisions;
(b) Provide for the orderly subdivision of land;
(c) Encourage the wise use and management of land and natural resources throughout the City;
(d) Ensure that adequate public infrastructure, facilities, and services are available concurrent with development;
(e) Encourage a beneficial relationship between the uses of land and circulation of traffic throughout the City, and provide for the proper location and design of streets;
(f) Provide adequate utility systems to support the future needs of residents and the community; and
(g) Promote efficient and logical placement of utility structures so as to promote the public health, safety, convenience, comfort, prosperity, morals and general welfare of the City. (Ord. 2024-032. Passed 7-22-24.)
(a) The developer of a subdivision, or the developer of a multi-family development or nonresidential development requiring public improvements, shall dedicate all land required for rights-of-way and shall furnish and install all required improvements serving the subdivision or development in accordance with the provisions of this chapter.
(b) All improvements shall be extended to the boundary of the subdivision or development in order to provide a complete and coordinated system of streets and utilities in accordance with adopted plans or policies of the City of Mount Vernon.
(Ord. 2024-032. Passed 7-22-24.)
(a) The arrangement, character, extent, width, grade and location of all streets and improvements shall conform to adopted plans or policies related to public improvements. These plans shall be considered in their relation to existing and planned streets, topographical conditions, public convenience, and safety as well as in their appropriate relation to the proposed uses of the land to be served by such streets. Where not shown on adopted plans, the arrangement and other design standards of streets shall conform to this chapter.
(b) Any plans or documents submitted for subdivision or development approval shall comply with the City's standard drawings and specifications, and any subsequent amendments.
(Ord. 2024-032. Passed 7-22-24.)
(a) No owner, or authorized agent, of any land located within a subdivision shall transfer, sell, agree to sell or negotiate to sell any land by reference to, by exhibition of, or by the use of a plan or plat of a subdivision, nor proceed with any construction work before such plan or plat has been approved and recorded in the manner prescribed in these regulations.
(b) Any sale or transfer contrary to the provisions of this section is void. The description of such lot or parcel by metes and bounds in the instrument of transfer or other documents used in the process of selling or transferring shall not exempt the transaction from the provisions of these regulations.
(c) The ZEO shall not issue zoning permits for any structure or activity on a lot in a subdivision for which a plat has not been approved and recorded in the manner prescribed in these regulations.
(d) No owner, or agent of the owner, of any land shall be entitled to a permit for the installation of wells or septic tanks upon any lots in a subdivision for which a plat has not been approved, certified, and recorded in the manner prescribed in this code.
(Ord. 2024-032. Passed 7-22-24.)
(a) All public improvements shown on the subdivision plats are the responsibility of the subdivider, unless otherwise expressly indicated, and shall be installed in accordance with this chapter.
(b) The subdivider shall be required to construct the public improvements prior to the recording of the final plat. In lieu of actual construction of the physical improvements, the subdivider may assure completion of construction by furnishing a financial guarantee in accordance with Section 1114.06 in an amount equal to the City Engineer's estimate of the cost of the construction of the physical improvements within the portion of the subdivision submitted for recording. Actual construction shall be as shown on the public improvement plans and in accordance with this chapter.
(c) Protection of Streets, Utilities, and Other Installations.
(1) The subdivider shall provide the City Engineer with a plan for the routing of construction equipment and traffic with the objective of alleviating any need to traverse adjacent off-site residential streets. In exceptional cases, where no reasonable alternative exists or can be provided, construction equipment may be permitted the use of collector streets for a predetermined time period. The contractor shall be permitted to operate only pneumatic-tired equipment over any paved street surfaces and shall be responsible for correction of any damage to street surfaces in any manner resulting from the contractor's operation. The City Engineer may permit non-pneumatic tired equipment in special circumstances with a Street Opening Permit per Section 901.02 of the Codified Ordinances.
(2) The subdivider and their contractors shall protect the pavement against all damage prior to final acceptance of the work, including damage created by the contractor's construction equipment and vehicles, as well as general traffic. As soon as curing and sealing are completed, the contractor shall clean the pavement free of all debris and construction equipment.
(3) The subdivider and their contractors shall at all times protect and mark all utilities constructed by the subdivider and their contractors until as-built drawings are submitted to and approved by the City Engineer.
(4) The subdivider and their contractors shall at all times take proper precautions for the protection of utility lines, the presence of which can be determined by contacting the Ohio Utilities Protection Service (OUPS). The subdivider shall be financially responsible for the repair of any damage to such utility lines.
(Ord. 2024-032. Passed 7-22-24.)
(a) The subdivider or developer shall execute financial guarantees and shall file such financial guarantees with the City prior to approval of a zoning permit or certification of a final plat, if the applicant does not propose to construct the required public improvements or private streets prior to receiving certification of the final plat or approval of the zoning permit. Such financial guarantee shall take any form allowed in Section 1114.06(g).
(b) The financial guarantee shall be an obligation for the faithful performance of any and all work and the construction and installation of all public improvements required to be done by the subdivider, together with all engineering and inspection costs and fees incurred by the City.
(c) When, in the judgment of the City Engineer, public improvements have been completed in accordance with the improvement plans as approved by City, City Council shall, at the recommendation of the City Engineer, accept such improvements and authorize the full or partial release of the financial guarantee.
(d) The terms of such financial guarantees shall be determined by the City's Law Director, with confirmation by the City Engineer.
(e) Financial guarantees shall be made payable to the City of Mount Vernon and shall be acceptable to the City Engineer, the City's Law Director, and the City Auditor.
(f) Incomplete public improvements that the City Engineer determines will constitute a safety hazard or maintenance issue, or will prevent the effective functioning of the public improvements, shall be required to be completed prior to the approval of a final plat.
(g) Types of 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 or Wire Transfer. The following standards shall apply if cash is utilized as a financial guarantee:
A. The subdivider shall provide a certified check or wire transfer for the amount of the guarantee, payable to the City of Mount Vernon and posted with the City Auditor.
B. When the public improvements are complete, the City shall issue a check for the released amount based on this subsection.
C. The City shall not be responsible for paying interest for the period of time the City retains the guarantee.
(2) Irrevocable Letter of Credit. The following standards shall apply if an irrevocable letter of credit is utilized as a financial guarantee:
A. The subdivider shall provide an irrevocable letter of credit from a bank or other reputable institution or individual subject to the approval of the Law Director and City Engineer.
B. The letter shall be deposited with the City, and shall certify the following:
i. The creditor guarantees funds in an amount equal to the cost, as estimated in accordance with Section 1114.06, for completion all required public improvements.
ii. In the case of failure on the part of the subdivider to complete the specified public improvements within the required time period, the creditor shall pay to the City immediately and without further action such funds as are necessary to finance the completion of those public improvements, up to the limit of credit stated in the letter.
iii. This irrevocable letter of credit may not be withdrawn or reduced in amount until released by the City Engineer in accordance with this chapter.
(3) Bonds. The following standards shall apply if a bond is utilized as a financial guarantee:
A. A bond in the amount determined in accordance with this section shall be posted with the City Auditor.
B. The bond may be in the form of a surety 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 surety bond, shall be executed by a corporation authorized to act as a surety under the laws of the State of Ohio.
D. The bond shall provide that it cannot be terminated or canceled without the approval of the City, and shall remain in force until such improvements have been accepted by City Council.
(Ord. 2024-032. Passed 7-22-24.)
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