1161.05   FINAL PLATS.
   The final plat is the plan map produced for the purpose of recording. The final record plat shall comply with the concept of the approved preliminary plat, and meet all requirements imposed by the Planning Commission. Approval of the final plat will be considered only after the requirements for final plat approval, as specified herein, have been fulfilled, and after all specified conditions have been met.
   (a)   Procedure.
      (1)   Major Subdivisions within the Corporate Limits. Major subdivisions proposed within the City corporate limits shall adhere to the following process:
         A.   After the approval of the preliminary plat, the final record subdivision plat shall be prepared and submitted to the Office of Community Development and Planning by the owner of the subject property or their authorized representative.  The final plat shall be submitted in ten copies or one reproducible copy, and shall be submitted at least three weeks, prior to a regularly scheduled meeting of the Planning Commission.  If more than one year has elapsed since preliminary approval was granted, the preliminary subdivision plat shall be re-submitted to the Planning Commission for consideration of reapproval.
         B.   The final plat shall not be considered properly submitted until all applicable fees are paid by the developer, and until all plans, supporting documents, materials and application forms are provided to the Office of Community Development and Planning.
         C.   The final plat shall be drawn on standard sized, reproducible mylar or linen no larger than twenty-four by thirty-six inches and no smaller than eleven by seventeen inches, unless otherwise authorized.
         D.   If the final plat is drawn in two or more sections, each section shall be accompanied by a key map showing the location of the several sections. All final plat sections shall either totally include, or totally exclude intersections, and all lots fronting such intersections.
         E.   The final plat shall be submitted at a scale of at least one inch equals fifty feet, unless otherwise authorized.
         F.   The final plat shall be accompanied by a Certificate of Title, showing the ownership of all lands to be dedicated to public use, and that the title therefore is free and unencumbered.
         G.   The Planning Commission shall act on the final plat within thirty-five business days of the date of the meeting at which the final plat was first reviewed. If approving, shall so indicate and if disapproving, shall express the reasons therefore. The Planning Commission shall not approve final plats with any conditions or stipulations except those relating to performance surety and/or construction of public improvements.
         H.   Final approval of the subdivision plat shall be noted in the official minutes as certified by the Chairman of the Planning Commission, on authorization by the Commission. Also noted shall be the date on which the Commission granted final plat approval or denial.
         I.   If the Planning Commission approves the final plat, then the Chairman of the Planning Commission shall sign and date the final plat.
         J.   Written notification shall be made to the subdivider or their agent specifying the Commission's approval, or the reasons of the Commission's denial of the final plat.
         K.   After final approval of plats, and after all stipulations of the Planning Commission's approval have been satisfied, the final plat shall be submitted (forwarded) to Council for consideration. Upon approval by Council, the final plat shall be signed and dated by the Mayor and Clerk of Council, and shall be filed by the developer in the Office of the Recorder of Shelby County within thirty days of being signed. The approval and subsequent filing of the final plat for recording shall be deemed an acceptance of the proposed dedication of all streets and other public areas shown on the plat, and recording the final plat shall have the effect of transferring proposed streets and public areas other than streets in fee simple to he City.
         L.   One reproducible mylar or linen of the recorded plat shall be filed with the City Engineer.
         M.   The subdivider shall construct the subdivision in accordance with the plats, plans and specifications, as approved by the Planning Commission and Council. Should a subdivider abandon a plat after final acceptance, but prior to the beginning of any construction work, grading and improving, and prior to the sale of any lots therein, such subdivider may apply to the Planning Commission and Council for vacation of such plat.
      (2)   Replats/Vacation Plats Within the Corporate Limits.  In cases involving replatting or adjustment of platted lot lines within the City corporate limits shall adhere to the following process:
         A.   Application for replatting or adjustment of platted lot lines (vacation) shall be submitted to the Office of Community Development and Planning.  The Replat/Vacation Plat  shall be submitted  in ten copies or one reproducible copy, and shall be submitted at least three weeks prior to a regularly scheduled meeting of the Planning Commission.
         B.   The replat/vacation plat shall not be considered properly submitted until all applicable fees are paid by the developer, and until all plans, supporting documents, materials and application forms are provided to the Office of Community Development and Planning.
         C.   The replat/vacation plat shall be drawn on standard size reproducible mylar or linen no larger than twenty-four by thirty-six inches and no smaller than eleven by seventeen inches, unless otherwise authorized.
         D.   The replat/vacation plat shall show existing lot lines, and utility easements to be vacated in dashed lines (---).
         E.   The replat/vacation plat shall contain a statement of intention and a request for the vacation of these lot lines and utility easements.
         F.   The replat/vacation plat shall provide the appropriate signatures for utility easement abandonment by all affected utility companies, and also the signatures of all affected property owners of the original plat.
         G.   The Planning Commission shall act on the replat/vacation plat within thirty-five business days of the date of the meeting at which the replat/vacation plat was first reviewed. If approving, shall so indicate and if disapproving, shall express the reasons therefore. The Planning Commission shall not approve replats/vacation plats with any conditions or stipulations.
         H.   Approval or denial of the replat/vacation plat shall be noted in the official minutes as certified by the Chairman of the Planning Commission, on authorization by the Commission. Also noted, shall be the date on which the Commission granted approval or denial.
         I.   If the Planning Commission approves the replat/vacation plat, then the Chairman of the Planning Commission shall sign and date the replat/vacation plat.
         J.   Written notification shall be made to the property owners or their agent specifying the Commission's approval, or the reasons of the Commission's denial of the replat/vacation plat.
         K.   Upon approval by the Planning Commission, the replat/vacation plat shall be submitted (forwarded) to Council for consideration. Upon approval by Council, the replat/vacation plat shall be signed and dated by the Mayor and Clerk of Council, and shall be filed by the property owner in the Office of the Recorder of Shelby County within thirty days of being signed.
         L.   One reproducible mylar or linen of the recorded replat/vacation plat shall be filed with the City Engineer.
      (3)   Field Verification. All surveys, plats, plans and drawings submitted for final review shall be field verified by the developer's surveyor or engineer as to the accuracy of dimensions, existing site conditions, angles, bearing, and placement of existing and proposed public improvements.
   (b)   Specifications. The final plat shall conform to the preliminary plat as approved by the Commission and shall show:
      (1)   The full plan of development, including street and alley lines, lot lines, building setbacks lines and areas to be dedicated to street, park, and other purposes, including easements for utilities, stormwater control, and maintenance.
      (2)   North arrow and scale of at least one inch equals fifty feet, unless otherwise authorized.
      (3)   Lengths of tangents, radii, arcs and chords, and central angles for all centerline curves on streets.
      (4)   Points of tangency, lengths of chords and arcs, radii, and central angles for all curves, where applicable, at each street intersection.
      (5)   Location, size, and material type of all monuments within the land to be subdivided, which monuments shall be referenced to at least three permanent coordinated monuments (where such exist within a reasonable distance of the land to be subdivided).
      (6)   The name of the subdivision, the name of the owner or owner's agent, and the name of the certifying professional surveyor.
      (7)   The stamp and signature of the professional surveyor responsible for such plat, to certify that the plat is correct.
      (8)   A list of any protective covenants which are to apply to the area to be developed.
      (9)   A reference to the volume and page and/or a description where the owner(s) obtain title.
       (10)   A dedication statement indicating the property owner's or owners' intent to dedicate the public use for the proposed streets, easements or other public facilities as may be required for the subdivision plat as proposed.
       (11)   A statement of intention and request for the vacation of lot lines and easements on previously platted properties.
       (12)   The signatures of authorized representatives of local utility companies (electric, telephone, cable television, etc.) acknowledging the abandonment of easements.
   (c)   Construction Plans.  The final plat shall be accompanied by five complete sets of construction plans for the part of the subdivision being platted for review by City Staff.  Three corrected sets shall be submitted after staff review. These construction plans shall include:
      (1)   A centerline profile for each street shown thereon, drawn to a scale of one inch equals twenty feet.
      (2)   A utility layout, drawn to a scale of one inch equals twenty feet, including proposed placement and sizes of water lines, sanitary sewer lines, storm sewer lines and stormwater detention areas, electrical lines, gas lines, telephone lines, cable television lines, and street lights.
      (3)   A grading plan for proposed streets, drainage, stormwater detention, and erosion control measures.
      (4)   Cross-sections, typical section and other details as stipulated by the City Engineer.  Horizontal cross-sections shall be drawn to a scale of one inch equals five feet.  Vertical cross-sections at one inch equals five feet.
      (5)   Location of gas, electric, telephone and cable television lines shall be coordinated with the local utility company, and the utility company representatives shall sign the construction plans indicating their approval of the gas and electric line locations.
      (6)   Signature and stamp of a professional engineer who prepared plans.
      (7)   Copy of storm sewer calculations and other applicable calculations for design.
      (8)   Plans and associated design documents, as stipulated by the City Engineer, in accordance with City Engineering Department specifications.
      (9)   If the developer has not received any response regarding the locations of gas, electric, telephone, and cable television from the local utility companies within three weeks after submittal,  then the developer  shall be permitted  to proceed to the Planning Commission for final plat approval. These construction plans shall be submitted to the Ohio Environmental Protection Agency (OEPA) for approvals as required. Certification of OEPA approval shall be provided on the plans where applicable. Construction shall not commence until such approvals are granted. The City Engineer's signature shall be provided on approved construction plans to verify compliance with the applicable specifications and the requirements of these regulations.
   (d)   Final Plat Standards.
      (1)   Design Standards.  The subdivider shall observe the following requirements and principals of land subdivision.
         A.   Plat conformity. The plat shall conform to such plan or plans for the City, Township and/or County or portions thereof, as shall have been adopted by the Planning Commission.
         B.   Block lengths. Block lengths, or the distance between street intersections, shall not be more than 1,200 feet, and block depths optional, except when the Planning Commission may deem that existing conditions or special plan provisions warrant a variation from this requirement. If a block exceeds 1,000 feet in length, the Planning Commission may require that a Pedestrian Way, for a footpath not less than five (5) feet in width and improved with a four (4) foot concrete pavement, shall be provided at a convenient place to extend across the width of the block.
         C.   Lot widths and depths. Lots shall be of such width and depth to permit conformance with the Zoning Code and other City, Township or County regulations. No lot depth shall exceed three and one-half times the lot width.  All lots shall comply with the frontage requirements set forth in subsection (d)(1) hereof.
         D.   Angle of side lot lines. In all rectangular lots, and so far as possible in all other lots, side lot lines shall be at right angles or radial to the streets on which the lots face.
         E.   Access.  Appropriate access to and from any subdivision in the form of standard City streets with required improvements must be provided by a developer in instances where development is not located contiguously along an improved public street right- of-way. No subdivision shall be approved where a parcel tract or lot having frontage only on the "stub end" of a discontinued or dead-end street.  Such street must first be extended or reconstructed as a cul-de-sac in accordance with these Regulations. No subdivision showing reserved strips controlling the access to public ways will be approved, except where the control and disposal of land comprising such strips are definitely placed within the jurisdiction of the City, under conditions meeting the approval of the Planning Commission.
         F.   Frontage. All lots, parcels or tracts shall have frontage along an improved public right-of-way, other than an alley, at a length which meets the lot width or frontage length requirements of the zoning district in which the site is located. In zoning districts which have no minimum lot width requirements, frontage length shall equal or exceed the right-of-way width as required for the type of development found at the subject location. For lots, parcels or tracts having frontage along the circular terminus of a cul-de-sac, or along a curve of a right-of-way, a compensatory reduction in frontage length is permissible to a minimum of fifty percent of the lot width required by zoning regulations, provided that the minimum lot width required is complied with at the setback line.
         G.   Setback Lines. Building or setback lines of a depth approved by the Planning Commission may be established for all lots and shown on the record plat. All comer lots shall have adequate lot area to accommodate the required front yard setback along each street frontage.
         H.   Unsubdivided Portion of Plat. Where the plat to be subdivided includes only part of the tract owned by the subdivider, the Planning Commission may require topography and a sketch of a tentative future streets system of the unsubdivided portion.
         I.   Streets. Streets shall conform in effect to the Official Thoroughfare Plan and other City plans where applicable.  Proposed streets shall provide for continuation or completion of any existing streets (constructed or recorded) in adjoining property, at equal or greater width as determined by the City Engineering standards and specifications, and in similar alignment, unless variations are recommended by the Planning Commission. The street pattern shall provide ease of circulation within the subdivision as well as convenient access to adjoining streets, thoroughfares or unsubdivided land, as may be required by the Planning Commission. In a case where a street will eventually be extended beyond the plat but is temporarily dead ended, an interim turn-around may be required. Streets shall be platted with appropriate regard for topography, water courses, wooded areas and other natural features which would lend themselves to attractive treatment.
         Street intersections shall be as nearly at right angles as possible. Street grades shall not exceed four percent on major streets or thoroughfares, or ten percent on residential or access streets. The minimum street grade for any street shall be one- half percent (0.5%), unless otherwise approved by the City Engineer. Horizontal curvature of streets shall not exceed eight degrees on thoroughfares and fourteen degrees on minor, through streets, unless otherwise approved by the City Engineer. Superelevation will be required for any thoroughfare curve over six degrees unless otherwise approved. Cul-de-sacs shall not be longer than 600 feet in length unless topography necessitates a greater length.
         Streets that are extensions of or obviously in alignment with existing named streets shall bear the names of the existing streets. Street designations shall be in accordance with Section 103.03 of these Codified Ordinances. The names of new streets shall be subject to the approval of the Planning Commission and shall not duplicate existing street names, except as provided above.
         Dedication of half-streets will be prohibited. Where there exists a dedicated or platted half-street or alley adjacent to the tract to be subdivided, the other half shall be platted if deemed necessary by the Planning Commission.
         J.   Alleys. Alleys may be required in business areas and industrial districts for adequate access to block interiors and for off-street loading and parking purposes. Dead-end alleys are prohibited.
         K.   Railroads. If a railroad is involved, the subdivision plan should be so arranged as to permit, where necessary, future grade separations at highway crossing of the railroads. The railroad should be bordered with a parallel street at sufficient distance from it to permit deep lots to back up to the railroad, or form a buffer strip for park, commercial or industrial use. The subdivision plan also should provide cul-de-sacs at right angles to the railroad so as to permit lots to back thereon, and be so arranged as to preserve adequate sight lines for safe traffic crossing.
         L.   Flood plains or flood hazard areas. Where any subdivision is located in an area subject to periodic floods up to the 100-year level, the Planning Commission or its authorized representative shall not approve such plat without verification of compliance with Chapter 1108, "Flood Damage Prevention", of the Codified Ordinances of the City of Sidney, and with applicable State and Federal regulations. The developer shall submit all filling, grading and construction plans as required by the City Engineer and/or the Building Inspector, in order to determine compliance with the provisions of this Section. In no case shall a subdivision be approved where development will raise the 100-year flood elevation more than one foot or where development will result in a principal structure having a "lowest floor" elevation below the base flood level. All subdivision plats for flood-prone areas shall plainly identify the 100-year flood elevation for the subject property and all area with its boundary.
      (2)   Dimensional Standards.
         A.   Streets.  Dimensional Standards for street pavement widths shall be in accordance with current City Engineering standards and specifications. All street layouts and dimensional specifications for each development must meet with the approval of the Planning Commission.
         B.   Alleys. Alleys, where provided, shall have a right-of-way width of no less than sixteen and one-half feet. Pavement widths shall be in conformance with current City Engineering standards and specifications.
         C.   Pedestrian Ways.  Pedestrian ways, where provided shall be platted to a minimum five foot width. Greater width may be required when necessary for installation of underground utilities and drainage facilities. Concrete widths shall be approved by the City Engineer.
         D.   Easements. Utility easements five feet in width shall be provided along each side and rear lot line. An easement ten feet in width shall be required along lot lines where no easement exists on an adjacent parcel. Such easements shall be for utility installations and drainage purposes.
      (3)   Required Improvements. All improvements required under these Regulations shall be constructed in accordance with the specifications, and under the supervision, of the City Engineer, the Sidney-Shelby County Health Department, and the Ohio Environmental Protection Agency.
         A.   Streets. All intersecting or cross streets in a subdivision shall be improved to meet the current City Engineering Standards, on both sides of the centerline and to the full depth of the corner lots facing the street being developed unless otherwise approved by the Planning Commission.
         In cases within the corporate limits where a subdivision is proposed along an existing paved street, and where such street does not meet current City Engineering Department standards, the developer must improve the portion of the street adjoining the subdivision by installing curb, gutter, sidewalks, widening and/or upgrading the street surface and its base and make other improvements as may be required by the City Engineer. In the event that both sides of the street are to be included in the subdivision, the entire street adjoining or traversing the subdivision must be improved in accordance with standards required by the City Engineer and as specified in Engineering Department specifications.
         Streets and alleys shall be completed to grades which have been officially determined or approved by the City Engineer. All streets shall be graded to the full width of the pavement.
         Adjacent side slopes shall be graded to a slope not steeper than three-to-one, except as approved by the City Engineer.
         The type and strength of street paving and surfacing shall be installed as per current City Engineering specifications, and shall be commensurate with the volume, street classification, character and general circulation requirements, as determined by the City Engineer. The cost of materials for the paved surface and its sub-base of an existing street and any oversizing cost in excess of the owner's required responsibility needed to meet the dimensional standards for roadways as shown on the City's Thoroughfare Plan, shall be at the City's expense.  The costs for minimum street width, as required by these Regulations, including curb, gutter and sidewalk, shall be the developer's responsibility and at his/her expense (see City Engineering Standards and Specifications).
         B.   Curbs and Gutter. Curbs and gutters shall be required and of a type to be approved by the City Engineer.
         C.   Sidewalks.
            1.   Zone District Requirements.
               a.   N, S, R, B. and O Districts.  Sidewalks shall be required per current City Engineering Standards and installed on both sides of all streets, including cul-de-sacs.
               b.   I Districts.  Sidewalks shall be required on both sides of all thoroughfares and collector streets. Sidewalks may be required on other streets if Planning Commission finds that such sidewalks are necessary for safety, pedestrian connections or other similar reasons.
            2.   Sidewalks shall be installed adjacent to each lot in the subdivision by the owner of the lot at the earlier of the following:
               a.   Prior to the issuance of an occupancy permit.
               b.   Within three years of approval of the final plat by City Council if 75% of the lots within any block frontage are developed with sidewalks.
               c.   Within five years of approval of the final plat by City Council.
         D.   Traffic Control and Directional Signs. Traffic control (stop signs, speed limit signs, etc.) and directional signs (street name signs) shall be required. The sign type and location shall be approved by the City Engineer. The City is responsible for all costs associated with materials and installation.
         E.   Utilities. All utilities shall be installed underground. All lines and connections thereto shall be made before any pavement course, curb and gutter, or sidewalks are placed. Trenches will be backfilled with granular material to meet City specifications.  All utilities shall be specified on construction plans provided to the City as part of the required submission material for subdivision review.  Requirements for the installation of utilities shall be as follows:
            1.   Water Mains. A subdivider shall install water mains according to City specifications.  The material's cost difference between the minimum required size of pipe and appurtenances, and oversized pipe required by the City, will be paid by the City.
            2.   Sanitary Sewers. A subdivider shall install sanitary sewers according to City specifications. The materials cost difference between the minimum required size of pipe and appurtenances, and oversized pipe required by the City, will be paid by the City.  The construction cost difference as determined by the City Engineer for the minimum depth needed for installation and the greater depth of installation required by the City, will be paid by the City.
            3.   Storm Sewers. Storm sewer systems shall be installed by the developer in accordance with plans approved by the City Engineer and under inspection by the City Engineering Department.
            4.   Stormwater Management/Erosion Control. Stormwater detention systems and erosion control measures shall be installed by the developer in accordance with City Engineering specifications and approval by the City Engineer.
            5.   Street Lights. Street lights shall be installed at locations acceptable to the Utility Company and as approved by the City Engineer. Street lighting installations, materials and performance shall meet the standards and specifications of the City Engineer and be acceptable to the Utility Company. The developer is responsible for all costs associated with street light materials and installation.
         F.   Monuments and Permanent Markers. Permanent markers shall be set at all exterior subdivision boundary corners and intersection of change, at the point of curvature and point of tangent of all curves and where the radius of direction changes. The intent is to identify and establish all lines of the plat. All monuments or permanent markers shall be placed prior to City acceptance of improvements. All individual rear lot corners shall be permanently marked prior to the City issuing building permits. Monument boxes with permanent markers shall be set at all street intersections and on the centerlines at the point of intersection if in the paved area of the street or point of curvature and point of tangent of all curves, or any deflection in the centerline. Permanent markers shall be concrete not less than three feet long and at least four inches in diameter, or four inches square and properly marked with a cross; or an iron pin at least thirty inches long and five-eighths of an inch in diameter. All monuments and permanent markers shall be set as shown on the final plat. The size, location and type of material used shall also be shown. A professional surveyor's affidavit shall be filed in the plat volume and cross-referenced with the original plat when, for any reason, a monument or permanent marker must be off-set from the original location or the type of permanent marker is changed.
         G.   Dedication of Parkland. Each subdivision containing residential lots shall include land dedicated for recreational and park facilities. The location of dedicated park land within the subdivision shall be subject to the approval of City Council, upon recommendation of the Planning Commission and Recreation Board. In order to determine recreational land requirements for residential subdivisions, in accordance with the general standard of three acres per one thousand persons, the following formula shall be used:
            (3/1000) x ( 3* x (Y) = Amount of land to be dedicated
            *= Average # persons per dwelling unit
            Y = # of dwelling units in subdivision
      The following are suggested guidelines for locating parks within subdivisions:
               (1)   Easily accessible to residential neighborhoods within minimum road frontage of 50 feet;
               (2)   Located to serve as buffer between incompatible uses;
               (3)   Along stream corridors, but outside the 100-year floodplain, to ensure that filling the floodplain won't be necessary to provide recreational facilities;
               (4)   Within wooded areas provided sufficient vacant ground exists for recreational facilities, without disturbing woods;
               (5)   Within severe sloped areas and ravines, provided sufficient level ground exists for recreational facilities, without requiring significant grading.
            1.   Where the developer cannot satisfactorily show the specific number of dwelling units to be built, the following presumptions will apply:
               a.   Where the property to be developed is zoned R-1, the presumption is that one dwelling unit per lot will be constructed;
               b.   Where the property to be developed is zoned R-2, the presumption is that two dwelling units per lot will be constructed;
               c.   Where the property to be developed is zoned R-3, the presumption is that 21.78 dwelling units per acre will be constructed;
            2.   The City Council, upon recommendation of the Planning Commission and the Recreation Board, may determine that all or part of the land proposed to be dedicated is not needed for recreational development. In these cases, City Council may require the developer to pay a fee in lieu of dedication of land. The amount of such fee shall be determined using the following formula:
                  Amount of land to be dedicated x $50,000/acre = Fee
            3.   Where it is determined by City Council that there is sufficient park and recreational land in the subdivision and is only a small portion of land is required, a developer may be required to both dedicate land and pay a fee. This fee is to be determined using the following formula:
                  RLD-ALD = Z
                     CPA x Z = Fee
               CPA = Cost Per Acre = $50,000
               RLD = Required Land Dedication
               ALD = Accepted Land Dedication
               Z = Remaining Land for Which a Fee is Required
               EXAMPLE:
         For a 100 acre development for which three acres of parkland or one hundred fifty thousand dollars ($150,000) is required. Only one acre of parkland is accepted; two acres require a fee.
               3 acres required; l acre accepted = 2 acres for fee
               $50,000 x 2 acres = $100,000 fee required.
            4.   All fees shall be computed at Preliminary Plat stage. Payment of fees may be phased based on the number of lots of the approved final plat as a percentage of the total lots of the approved preliminary plat. Fees shall be due prior to the issuance of any building permits.
               EXAMPLE
               112 lot single-family residence subdivision
               Required land dedication = 1 acre
               Required fee in lieu of land dedication = $50,000
               Phase I final plat = 28 lots
               28/112 = .25
               $50,000 x .25 = $12,500
         H.   Street trees. Although not a required improvement, it is recommended that street trees be planted as part of the subdivision development. The species of tree shall be approved by the Tree Board and the location by the City Engineer.
(Ord. A-2137. Passed 8-24-98; Ord. A-2338.  Passed 2-24-03.)