§ 153.341  LANDSCAPE DEVELOPMENT.
   (A)   All unpaved or otherwise unimproved areas within the public right-of-way, or public use areas, shall be graded and seeded in an approved manner.
   (B)   The subdivider shall take necessary steps to prevent silting and erosion during construction to meet the standards of the Ohio Environmental Protection Agency (OEPA).
   (C)   A landscape plan shall be provided with all subdivision applications.
   (D)   Adequate landscaping shall be provided between the subdivision and other noncompatible uses according to the landscaping and bufferyard requirements subchapter.
   (E)   The developer shall provide an attractively landscaped entrance into the development with identification signage and landscaping.
   (F)   All new residential lots shall have an appropriate cover of undisturbed existing vegetation, seed and straw, fresh-cut sod or spot sod within three months from the issuance of the certificate of occupancy for the new residential structure.
   (G)   The developer shall plant first-class nursery grade street trees, with not less than a three-inch caliper, every 25 feet on both sides of the street. At the time of planting, the minimum tree size shall be a three-inch caliper. Existing trees that are properly located may be used in lieu of required trees. All tree-planting plans may be modified and/or approved by the Planning Commission. Street trees located within a center median of any private or public roadway shall have a water service line extended to the median and the city's typical water spigot and lock system installed for the purposes of adequate water supply for tree maintenance.
   (H)   Payments in lieu of tree planting.
      (1)   The Planning Commission may permit the developer to completely or partially elect out of the tree planting requirement stated above by making a park development payment in lieu of tree plantings. Said election must be requested for in writing by the developer and state the reasons such modification from the 25-foot tree planting requirement should be considered.
      (2)   If the Planning Commission permits the developer to proceed under this option, the payment in lieu of tree plantings shall be $50 per tree, based upon the total number of trees required to be planted under this section. Payment must be made to the city prior to the final record plat being placed on the City Council agenda for final consideration. Each payment shall only account for the required trees contained within the subdivided section being considered for recordation as indicated on the final record plat. All payments made under this division shall be earmarked for the exclusive use of developing and maintaining municipal park facilities.
   (I)   The developer shall provide the city with a suitable bond or letter of credit for the maintenance of all street trees planted within any public right-of-way areas within the project area. The bond or letter of credit shall be in an amount of full replacement value for all vegetation planted including removal and installation costs. The bond or letter of credit shall be in effect for 24 months beginning from the day of planting of the vegetation.
   (J)   Streetscape improvements. 
      (1)   If the proposed major or minor subdivision is located within an area of the city included in the adopted Silverton Streetscape Plan, the developer shall be required to install improvements along the public street area of the subject site that conform to the city's Streetscape Plan. These items may include pavers, sidewalks, street trees, street lighting and planters consistent with the specifications found in the Streetscape Plan.
      (2)   The Planning Commission may permit the developer to make a streetscape improvement payment-in-lieu request where one or all of the required streetscape improvements are deemed to be premature relative to adjacent property development or the status of the overall streetscape construction phasing. In this event, the city shall transfer these monies to the Streetscape Improvement Fund and hold the funds for no more than five years. The monies placed in this fund shall be used exclusively for streetscape improvements benefitting the applicant's property. If the streetscape improvements are not made within the five year period, the city shall promptly return those remaining streetscape improvement funds to the development.
(Ord. 09-3306, passed 10-15-09)