(A) Guarantee for installation of improvements. All improvements required herein shall be constructed prior to the granting of the final plat approval by the Municipal Planning Commission; or the subdivider shall furnish the Commission with a surety or certified check for the amount of the estimated construction cost for the ultimate installation and initial maintenance of the improvements. The amount of the surety shall be determined as specified in § 151.03(O) of these regulations.
(B) Construction procedure and materials. The subdivider shall design and construct improvements not less than the standards outlined in these regulations. The work shall be done under village supervision and inspection and shall be completed within two years from the date of approval by the Municipal Planning Commission. An extension of the two year time frame for the completion of the construction of improvements may be extended by the Municipal Planning Commission with whatever conditions they may determine to be appropriate to insure the proper completion of the construction of improvements for the development of the subdivision. The minimum requirements for design, detailing, and materials shall be in accordance with the standards of the current volumes of Standard Drawings and Construction and Material Specifications of the Southwest Ohio Engineering Association as approved by the village, the requirements of the State Department of Health, and any additional standards and specifications on file in the office of the Municipal Engineer. All inspection and consultation costs shall be paid for by the subdivider.
(C) Inspection of improvements. Periodic inspections during the installation of improvements shall be made by the Municipal Engineer to insure conformity with the approved plans and specifications as required by these regulations. The subdivider shall notify proper administrative officials at least 24 hours before each phase of the improvements is ready for inspection.
(1) Authority and duties of inspectors. Inspectors employed by the village shall be authorized to inspect all work done and all materials furnished. Such inspection may extend to all or any part of the work and to the preparation, fabrication, or manufacture of the materials to be used. The inspector shall not be authorized to revoke, alter, or waive any requirements of the specifications or plans. He or she shall be authorized to call the attention of the contractor to the failure of the work or material to conform to the specifications and contract. He or she shall have the authority to reject materials which do not meet specification requirements or suspend the portion of the work involved until any question at issue can be referred to and decided by the Municipal Engineer.
(2) Final inspection. Upon completion of all of the improvements, the subdivider shall request, in writing, a final inspection by the Municipal Engineer as required under R.C. § 711.091. The Municipal Engineer shall make a final inspection of streets, sidewalks, curbs and gutters, sanitary and storm sewers, water mains, and other improvements required in these regulations.
(D) Monuments, markers, and pins. Permanent concrete monuments shall be accurately set and established at the intersections of all outside boundary lines of the subdivision, at the intersections of those boundary lines with all street lines, at the beginning and end of all curves, at points on curves where the radius or direction changes, and at such other points as are necessary to establish definitely all lines of the plat, including all lot corners. Stone or concrete monuments shall be at least 36 inches long and at least six inches in diameter, and shall be provided with an appropriate center point. Solid iron pins or iron pipe monuments at least one inch in diameter and at least 30 inches long may be used at all other points.
(E) Street improvements. All streets shall be graded to their full width, including side slopes, and improved in conformance with the standards and specifications on file in the office of the Municipal Engineer.
(F) Street width. Minimum pavement widths shall conform to the standards given in § 151.04(E) through (G), inclusive. Where pavement widths greater than those specified in § 151.04(E) through (G) are deemed necessary by the Municipal Engineer and approved by the Municipal Council, the village shall bear the extra cost of providing a greater than the minimum pavement width required by these regulations.
(G) Street subgrade. The street subgrade shall be free from sod, vegetative or organic matter, soft clay, and other objectionable materials. The subgrade shall be properly rolled, shaped, and compacted, and shall conform with the standards and specifications on file in the office of the Municipal Engineer.
(H) Street base course. Street base course shall be constructed in accordance with the standards and specifications on file in the office of the Municipal Engineer.
(I) Street pavement. Street surface course shall be constructed in accordance with the standards and specifications on file in the office of the Municipal Engineer.
(J) Street curbs and gutters. Combined curbs and gutters shall be constructed in conformance with the standards and specifications on file in the office of the Municipal Engineer.
(K) Sidewalks. All sidewalks shall be constructed of portland cement concrete or other acceptable material to the minimum width specified in § 151.04(E) through (G), inclusive, and a minimum depth of four inches, and in conformance with the standards and specifications on file in the office of the Municipal Engineer.
(L) Driveways. Driveways shall have a maximum grade of 10%. All driveway approaches shall be constructed in accordance with the standards and specifications on file in the office of the Municipal Engineer.
(M) Street name signs and street naming.
(1) Street name signs of a type in use throughout the village shall be erected by the subdivider at all intersections.
(2) For purposes of street naming, the following suffixes shall apply:
(a) Avenue shall be used only for streets that run in a generally east-west direction;
(b) Boulevard or Drive shall be used only for a large meandering type street;
(c) Circle or Court shall be used only for cul-de-sac type streets that run in a generally east-west direction;
(d) Lane or Place shall be used only for cul-de-sac type streets that run in a generally north-south direction;
(e) Road or Way shall be used only for streets that run in a diagonal manner, either a generally northwest-southeast direction or a northeast-southwest direction;
(f) Street shall be used only for thoroughfares that run in a generally north-south direction;
(g) The words north, south, east, or west should be avoided as part of a street name whenever possible.
(3) Whenever a new street is constructed along the approximate alignment or extension of an existing street, its name shall be the same as that of the existing one.
(4) Whenever a street alignment changes direction more than 75° without a return to the original alignment within a distance of 500 feet, then the name of the street shall be changed at the point of curvature.
(5) Whenever a cul-de-sac street serves not more than three lots, the name of the intersecting street shall apply to the cul-de-sac.
(6) To avoid duplication and confusion, and prior to the proposed names being used, the proposed names of all streets shall be approved by the Planning Commission after the subdivider submits a letter from the Montgomery County Planning Commission that states the proposed names would not cause confusion with other existing street names in the county.
(N) Street and walkway lighting.
(1) The subdivider shall install street lights at his or her expense in accordance with the standards and specifications on file in the office of the Municipal Engineer in each residential subdivision which contains a majority of lots with an individual lot width of 100 feet or less at the front property line. Such lights shall be located at each entrance (streets and walkways) to the subdivision and at each street intersection within the subdivision. In addition, whenever the distance between two adjacent street (walkway) lights would exceed 300 feet, then additional street lights shall be installed in such a manner that proper light intensity shall be provided and maintained.
(2) New subdivision street (walkway) lighting shall be installed with all associated wiring underground.
(O) Tree cover and street trees. The following regulations shall govern the retention of existing trees and the planting of all required street trees.
(1) All trees having a diameter (as measured 4½ feet from the ground) of six or more inches shall, unless otherwise authorized by the Planning Commission, be preserved whenever a proposed subdivision has been submitted for approval.
(2) In order to better protect trees and their respective root systems from possible damage during the construction of a subdivision, no earth shall be permitted to be moved or blacktop or concrete poured within two feet of the base of all trees having a circumference of less than 36 inches. Similarly, no earth shall be permitted to be moved or blacktop or concrete poured within four feet of the base of all trees having a circumference of between 36 and 59 inches; six feet of the base of all trees having a circumference of between 60 and 83 inches; and eight feet of the base of all trees having a circumference of 84 inches or more. In addition, wooden staking or brick barriers shall completely surround such a preservation zone in order to further protect against potential harm from construction equipment. Further, no fill dirt shall be permitted to be placed within such a preservation zone in order to help prevent possible root damage.
(3) Unless authorized by the Planning Commission, no construction equipment shall, during the earth moving process, be permitted to interfere with the integrity of a tree's branching system.
(4) STREET TREES, as used herein, shall mean those deciduous or coniferous trees which are planted within a public right-of-way, or on easements immediately adjacent to public rights-of-way. The planting of such trees shall be undertaken in all residential zoning districts in accordance with the following:
(a) At least two street trees shall be required to be planted for each one- or two-family lot for which a zoning permit has been issued.
(b) At least one street tree shall be required to be planted for each 50 linear feet of lot frontage for which a zoning permit has been issued within a four-family or multi-family residential zoning district.
(c) Whenever on-site street trees have been specifically delimited for preservation in the same manner of proportion as stated in (1) or (2) above, the street tree planting requirement shall not apply.
(d) Street tree plantings shall be restricted in those locations where damage to underground or aerial utilities may occur or where a conflict with driveways, sidewalks, bikeways, walkways, curbs and gutters, water mains, and sewer facilities is likely. Further, in order to prevent interference with motorists' or pedestrians' sight distances, no street tree shall be permitted to be planted within 30 feet of intersecting rights-of-way.
(e) Whenever the Planning Commission has determined that sidewalks will not be required within a residential zoning district, all street trees shall be planted eight feet back from the edge of the street curb.
(f) All street trees shall be planted in accordance with the standards contained in Table 1, Recommended Street Standard Dimensions of this chapter, located after § 151.04(I).
(g) All street tree plantings shall be inspected by the Municipal Engineer.
(h) 1. The following shall constitute an approved list of trees most suitable for planting along a publicly dedicated street:
Ash family | Locust family |
American Ash | Moraine Locust |
European Mountain Ash | Skyline Locust |
Green Ash | |
Marshall's Seedless Green Ash | Maple family |
Norway Maple | |
Cherry family | Red Maple |
Japanese Flowering Cherry | Sugar Maple |
Sargent Cherry | |
Pine family | |
Crab family | Austrian Pine |
Snowdrift Crab | Colorado Blue |
White Angel Crab Spruce | Douglas Fir |
Norway Spruce | |
Dogwood family | Scotch Pine |
Pink Dogwood | |
White Dogwood | Other suitable trees |
Amur Cork Tree | |
Hawthorn family | European Beech |
Lavelle Hawthorn | Ginkgo |
Washington Hawthorn | Pin Oak |
Red Oak | |
Linden family | Sweet Gum |
American Linden | Sycamore |
European Linden | |
Little Leaf Linden | |
2. None of the following trees shall be permitted to be planted as street trees:
Prohibited Street Trees | |
Box Elder | Silver Maple |
Catalpa | Siberian Elm |
Horsechestnut | Tree-of-Heaven |
Mulberry | Willow |
Poplar | |
3. All deciduous street trees shall be planted so as to have a minimum in-ground height of eight feet. All coniferous street trees shall have a minimum in-ground height of six feet.
4. All required street trees which, due to accident, damage, disease, or other cause, fail to show a healthy growth shall be replaced within a reasonable period of time.
(P) Control of erosion and sedimentation.
(1) In the event that any developer shall intend to make significant changes in the contour of any land proposed to be subdivided, developed, or changed in use by grading, excavating, or the removal or destruction of the natural topsoil, trees, or other vegetative covering thereon, the same shall only be accomplished after the owner of the land or his or her agent has submitted to the Planning Commission for approval a plan for erosion and sedimentation controls, unless there has been a prior determination by the Planning Commission that such plans are not necessary.
(2) Such plans shall contain adequate measures for control of erosion and siltation where necessary, using the guidelines and policies contained herein.
(3) The Planning Commission shall review these plans as submitted and shall duly consider the recommendations submitted by the County Soil Conservation Service upon their review. Upon the completion of such review, the Planning Commission shall take necessary steps to insure compliance by the developer with these plans as finally approved.
(a) Requirements.
1. Three sets of plans for the control of erosion and sedimentation shall be submitted to the Planning Commission at the time the final plat drawings are submitted, one set of which shall be forwarded to the County Soil Conservation Service for their review.
2. Measures to be taken to control erosion and sedimentation shall be described and provided for in the construction agreement and the estimated cost of accomplishing such measures shall be covered in the performance bond or guarantee (as per § 151.03(N) of these regulations). In addition, the subdivider may be required to provide a cash escrow guarantee, to be held by a company which is in the practice of handling escrows, approved by the Municipal Attorney in an amount determined by the Municipal Engineer, which would insure the village that emergency measures could be taken by the village at the subdivider's expense, if he or she did not initiate corrective action determined to be needed by the Planning Commission or the Municipal Engineer. In this regard, the subdivider shall at the time of final plan submission, deliver to the Municipal Manager written instructions addressed to the escrow holder which shall authorize and instruct the escrow holder to convey to the subdivider, after completion of the entire subdivision, (as per the construction agreement) upon approval, by resolution of the Municipal Council, the cash guarantee or to convey to the village when the Municipal Council has approved such action, by resolution, such amounts of the cash guarantee, as the resolution requires.
3. At the building permit application stage, a review will be conducted by the Municipal Engineer to insure conformance with the plan as approved.
4. During the construction phase, further consultive technical assistance will be furnished, if necessary, by the Planning Commission or by the local representative of the County Soil Conservation Service. The Planning Commission or its duly authorized representative shall enforce compliance with the approved plans.
5. The Municipal Engineer shall make a continuing review and evaluation of the methods used and the overall effectiveness of the erosion and sedimentation control program.
(b) Suggested control measures should be used for an effective erosion and sedimentation control plan.
1. The smallest practical area of land should be exposed at any one time during development
2. When land is exposed during development, the exposure should be kept to the shortest practical period of time.
3. Where necessary, temporary vegetation or mulching should be used to protect areas exposed during development.
4. Sediment basins (debris basins, desilting basins, or silt traps) should be installed and maintained to remove sediment from runoff waters from land undergoing development.
5. Provisions should be made to effectively accommodate the increased runoff caused by changed soil and surface conditions during and after development.
6. The permanent final vegetation and structures should be installed as soon as practical in the development.
7. The development plan should be fitted to the topography and soils so as to create the least erosion potential.
8. Wherever feasible, natural vegetation should be retained and protected.
(Q) Soil preservation and seeding.
(1) No certificate of occupancy shall be issued until final grading has been completed in accordance with the approved record plan. Topsoil shall not be removed from residential lots or used as spoil, but shall be redistributed so as to provide at least six inches of cover on the lots and at least four inches of cover between the sidewalks and curbs, and shall be stabilized by seeding or planting.
(2) Lawn-grass seed shall be sown at not less than four pounds to each 1,000 square feet of land area. In the spring, the seed shall be sown between March 15 and May 15; and in the fall, the seed shall be sown between August 15 and September 30. The seed shall consist of a maximum of 10% rye grass by weight and a minimum of 90% by weight of permanent bluegrass or fescue grass. All seed shall have been tested for germination within one year of the date of seeding, and the date of testing shall be on the label containing the seed analysis. All lots shall be seeded from the roadside edge of the unpaved right-of-way back to a distance of 40 feet behind the principal residence on the lot. No certificate of occupancy shall be issued until respreading of soil and seeding of the lawn has been completed; except that between October 1 and March 15, and between May 15 and August 15, the applicant shall submit an agreement in writing signed by the developer and the property owner, with a copy to the Zoning Inspector, that the respreading of soil and seeding of the lawn will be done during the immediately following planting season as set forth in this section, and may be required to leave a cash escrow for performance in such amount as shall be determined by the Zoning Inspector. Sod may be used to comply with any requirement of seeding set forth herein.
(R) Water supply improvements. The subdivision shall be provided with a complete water distribution system, including a connection for each lot and appropriately spaced fire hydrants in conformance with the standards and specifications as approved by the Municipal Engineer.
(S) Fire protection.
(1) Fire hydrants with two, 2½-inch outlets and one 4½-inch pumping connection shall be provided by the subdivider in all subdivisions with public water supplies. All outlets shall have national standard threads. The hydrants should be located between property lines and curbs with all outlets facing or parallel to the street. Hydrants shall be placed at the corners of all blocks and at midblock for blocks exceeding 800 feet in length. Hydrants shall also be required at the entrance and end of all cul-de-sacs exceeding 400 feet in length.
(2) The type of hydrant and control valves and the location of the hydrant shall be approved by the Fire Chief. The size and location of water lines shall be approved by the Municipal Engineer and the Fire Chief.
(T) Sanitary sewer improvements. The subdivision shall be provided with a complete sanitary sewer system adequately sized and including a lateral for each lot as approved by the Municipal Engineer.
(U) Drainage improvements. The subdivider shall construct all necessary facilities including underground pipe, inlets, catch basins, or open drainage ditches, as determined by the Municipal Engineer, to provide for the adequate disposal of subsurface and surface water and maintenance of natural drainage courses. The velocity of flow in an open ditch shall not exceed four feet per second in soil ditches or six feet per second in turf gutters. Paved gutters will be required if velocities of flow are greater than those specified or if it is otherwise likely that destructive erosion will result. Drainage ditches shall not be permitted to discharge into any sanitary sewer facility.
(V) Storm sewers and storm water drainage. Where an adequate public storm sewer is available at the plat boundary, the subdivider shall construct a storm sewer system and connect with such storm sewer line. If such a storm sewer system is not accessible, the subdivider shall construct a storm sewer system and connect with natural drainage channels with easements of adequate width or may be required to construct off site extensions to connect with an existing storm sewer line as stated in division (CC) herein, of these regulations, and as determined by the Municipal Engineer and approved by the Planning Commission. Paved gutters or storm sewers shall be required if velocities of flow are greater than specified in division (U) above, or cause destructive erosion. Storm drainage, including drain tile around basements, shall not be permitted to discharge into any sanitary sewer facility, but shall connect to an adequate drainage outlet.
(W) Catch basin grates. Grates over catch basins shall be of a type that does not catch bicycle tires between the bars of the grate. The bars and openings shall run perpendicular to the direction of traffic.
(X) Culverts and bridges. Where natural drainage channels intersect any street right-of-way, it shall be the responsibility of the subdivider to have satisfactory bridges or culverts constructed. Where culverts are required, minimum requirements shall be observed as follows:
(1) All culverts shall extend across the entire right-of-way width of the proposed street. The cover over the culvert and its capacity shall be approved by the Municipal Engineer. The minimum diameter of a culvert pipe shall be 18 inches. Depending on existing drainage conditions, head walls may be required.
(2) Driveway culverts shall have a minimum length of 20 feet, and a minimum diameter of 12 inches. The driveway culvert shall be laid so as to maintain the flow lines of the ditch or gutter. Head walls may be required.
(Y) Electric, gas, cable television, and telephone improvements.
(1) Electric service and telephone service shall be provided within each subdivision. Gas or cable television service may be required where reasonably accessible. Whenever such facilities are reasonably accessible and available, they may be required to be installed within the area prior to the approval of final plat. Telephone, electric, cable television, and street lighting wires, conduits, and cables shall be constructed underground except in cases where the Municipal Engineer determines that topographic, bedrock, or underground water conditions would result in excessive costs to the subdivider.
(2) Overhead utility lines, where permitted, shall be located at the rear of all lots. The width of the easement per lot shall be not less than five feet and the total easement width shall not be less than ten feet.
(3) Whenever a sanitary sewer line and an electric or telephone line are placed underground in the same utility easement, the following provisions shall be applicable:
(a) The total easement width shall not be less than 20 feet, and
(b) The sanitary sewer line shall be installed within five feet of one side of the easement, and the electric or telephone lines shall be installed within five feet of the opposite side of the easement.
(Z) Over-size and off-site improvements. The utilities, pavements, and other land improvements required for the proposed subdivision shall be designed of over-size or with extensions provided to serve nearby land which is an integral part of the neighborhood service or drainage area as determined by the Municipal Engineer.
(AA) Cost of over-size improvements. The subdivider shall be required to pay for only that part of the construction costs for the arterial streets, trunk sewers, or water lines which are serving the proposed subdivision as determined by the Municipal Engineer. The village shall pay the difference between the cost of required improvements for the proposed subdivision and improvements required to service the surrounding areas as specified in division (Z) above.
(BB) Extensions to boundaries. The subdivider shall be required to extend the necessary improvements to the boundary of the proposed subdivision to serve adjoining unsubdivided land.
(CC) Off-site extension. If streets or utilities are not available at the boundary of a proposed subdivision, and if the Municipal Planning Commission finds that the extensions across undeveloped areas would not be warranted as a special assessment to the intervening properties or as a municipal expense until some future time, the subdivider may be required, prior to approval of the final plat, to obtain necessary easements or rights-of-way and construct and pay for such extensions. Such improvements shall be available for connections by subdividers of adjoining land.
(DD) Protection and opening to traffic. The subdivider shall protect the pavement against all damage prior to final acceptance of the work. Traffic shall be excluded from the pavement by erecting and maintaining barricades and signs until the concrete is at least seven days old. This traffic restriction shall apply to the contractor's construction equipment and vehicles as well as general traffic. As soon as curing and sealing are completed, the subdivider shall remove all dirt, debris, and construction equipment from the pavement.
(EE) Protection of utility lines. The subdivider shall at all times take proper precautions for the protection of utility lines, the presence of which are known, or can be determined by the examination of appropriate maps of the utility companies and the village. The subdivider shall be financially responsible for the repair of any damage to such service line.
(FF) Protection of miscellaneous public and private installations. The subdivider shall, at all times, take proper precautions for the protection of and placement of driveway culverts, street intersections, culverts, aprons, mail boxes, driveway approaches, and all other public and private installations that may be encountered during construction as well as significant tree cover. Written approval for complete replacement or restoration work may be required by the Planning Commission, or its duly authorized representative. Any damage done to the improvements by construction traffic, local traffic, or by any other means shall be repaired or the damaged materials replaced before the next item of construction is begun.
(GG) Final cleaning. Upon completion of the work and before acceptance, the subdivider or contractor shall clean up all ground occupied or affected by construction in connection with the work. The entire area shall be kept in a neat and presentable condition during the entire duration of the project and left in a neat and presentable condition satisfactory to the Municipal Engineer.
(HH) Maintenance of improvements.
(1) The subdivider shall be responsible for the maintenance of the improvements installed and shall be responsible for providing the services necessary to guarantee access to all the occupied lots, including plowing snow, until final acceptance for maintenance by the Municipal Council.
(2) The subdivider shall be given adequate and appropriate notice by the Planning Commission or the Municipal Engineer of the need for such maintenance or service. If the subdivider fails to perform such necessary maintenance or service within an appropriate time, the Planning Commission or the village may perform such service and bill the subdivider for such service. Payment shall be guaranteed by the maintenance bond described in § 151.03(O), herein.
('80 Code, § 151.05) (Ord. 83-18, passed 12-20-83; Am. Ord. 95-17, passed 9-19-95) Penalty, see § 151.99