(a) Dedication Statement.
“The undersigned, being the owners of acres of land, being lot numbers through in the City of Trenton, Butler County, Ohio, do hereby assent to and adopt the accompanying plat of subdivision to be known as (name of subdivision) and do hereby dedicate to the public forever, in accordance with the laws in such cases made and provided, the streets and roadways as shown on said plat, and declare the same to be free and unencumbered. The title acquired by Deed Book # and Page # .”
(b) Utility Easement.
"Easements on said plat, designated as utility easements, are provided for the construction, maintenance, and operation of poles, wires and conduits, and the necessary attachments in connection therewith, for the transmission of electric, telephone, cable television and other purposes, for the construction and maintenance of service and underground storm water drains, pipelines for supplying gas, water, heat and other public or quasi-public utility functions together with the necessary lateral connections, and also the right to ingress to and egress from said easements, and to cut, trim or remove trees and undergrowth or overhanging branches within said easement or immediately adjacent thereto. No buildings or other structures may be built within said easements, nor may the easement area be physically altered so as to (1) reduce the clearance of either overhead or underground facilities; (2) impair the land support of said facilities; (3) impair the ability to maintain the facility; or (4) create a hazard."
"The above easements are also provided for other public uses as designated and shall be used for the construction of storm water drains, open channels, public and private sewers, pipelines for the supplying of water, cable television and for any public or quasi-public utility or function, conducted, maintained or performed by ordinary methods beneath or above the surface of the ground, together with the right of ingress and egress over and across lots to and from said easements."
(c) Drainage Notes.
"The City of Trenton City Council does not accept any private drainage easements shown on this plat. The City of Trenton is not obligated to maintain or repair any channels or installations in said easements. The owner of the lot shall maintain the easement area of each lot and all improvements in it continuously. Maintenance of all improvements within the HOA drainage easements shall be the responsibility of the (name of subdivision HOA) as provided for in the declaration and in accordance with the standards and specifications of the City of Trenton on file with the Service Director. Should the HOA cease to exist, maintenance of structures, pipes and any other drainage system improvements in a private drainage easement on a building lot becomes the responsibility of that individual lot owner. Within the easement area, no structure, planting or other material shall be placed or permitted to remain which may obstruct, retard, or change the direction of the water flow."
(d) Transfer of Lots.
(1) "Any lot transferred shall have a minimum width and area substantially the same as shown on the accompanying plat and only one principal building will be permitted on any such lot."
(2) "Any future splitting of any lot that results in an additional building site being created shall be done by re-plat only."
(e) Street Construction.
"The streets shown in said subdivision shall be constructed in accordance with the approved plans on file with the Service Director for the City of Trenton. The streets shall be constructed, with the exception of top course, within one year and shall be maintained and kept in repair for a period of one year from the date the constructed streets are accepted by the City of Trenton."
(f) Water and Sewer.
(1) "It is understood that the City of Trenton will not be able to issue any connection permits or building permits until the Ohio Environmental Protection Agency (OEPA) has approved the plans for the proposed extensions of the public water and sewer systems within this subdivision, unless on-site systems are proposed and approved."
(2) "All buildings to be served by the public sewer system shall be constructed so as to provide a minimum of four feet of vertical separation between the public sanitary sewer, at the point of connection, and the lowest building level served by a gravity sewer connection. In addition, said building level shall be at least one foot above the lowest point of any treatment facility or wastewater pumping facility that receives the discharge from said building.
(3) "Private driveways, parking lots and other paved areas or structures should not be constructed over private water or sewer service lines within the public right-of-way or within easement areas for the public utilities. Should this occur, the property owner will be held responsible for the repair of and for providing access to any curb stops, manholes, clean-outs, etc. installed in conjunction with these private service lines and for any damage or restoration of the paved surfaces or structures that may result from the future operation, maintenance, repair or replacement of said service lines and appurtenances."
(4) "Easements on said plat designated as "Sanitary Sewer Easements" or "Water Main Easements" are provided for the right to construct, use, maintain, and keep in repair thereon a sanitary sewer pipeline and/or water mains and appurtenances thereto necessary to the operation therefor."
(5) "The City of Trenton does not accept any responsibility for the relocation, repair or replacement of any other utilities installed within five feet of the centerline of any public water main or within ten feet of the centerline of any public sanitary sewer main."
(6) "All lots shown hereon shall be served by public sanitary sewers and water."
(g) Certification Statement. Certification by a registered surveyor to the effect that the plat represents a survey made by the surveyor and that all monuments indicated on the final subdivision plat thereon actually exist and their location, size and material are correctly shown.
(h) General Notes.
(1) "This plat is subject to present future regulations of the County Board of Health."
(2) "This street to be extended in the future" shall be added to streets where future expansion is planned.
(3) "We, the City Council for the City of Trenton, Butler County, Ohio do hereby approve and accept the dedication of land for the streets as shown on this plat of (name of subdivision), Section , Block , this day of (month), (year)."
(i) Building Elevations and Models.
(1) Throughout this residential development, the following standards shall apply to all single-family dwellings or buildings containing more than one dwelling unit in order to prevent monotony of design for residential uses: Buildings on adjoining lots or on opposing lots will not have a similar appearance. Therefore, no single model or floor plan using the same exterior elevations shall be built on the first two lots on either side of the subject house or on the three opposing lots directly across the street, that are the closest to the lot lines of the property in question. However, the same model may be built within the restricted area provided a minimum of three of the following options are incorporated in the exterior design, at least one of which must be from division (i)(1)A., B. or C.:
A. Building orientation is rotated a minimum of 90 degrees.
B. Roof configuration is rotated 90 degrees, or a different style of roof is utilized.
C. Different exterior wall materials are used. A mix of materials may be used for example, brick with horizontal siding, stone with shingles and stucco, etc.
D. Different color scheme.
E. Different style of building trim around doors and windows and at corners and eave and gable lines.
F. Different orientation of garage entry.
G. Difference in architectural feature, for example window and door size and style, addition of porch and porch size, addition of balconies.
Building elevation drawings or photographs of the surrounding structures will be submitted by the applicant to the City at the time of permit application for purposes of review.
(j) Public Access Easement. In the event that the Planning Commission has required or approved one or more public access easements within the subdivision, these areas of the final plat shall be circumscribed and labeled as public access easements on the final plat, and the following notation shall be provided on the final plat:
"All areas designated as Public Access Easements shall be subject to the following covenants:
(1) "Public Access Easements are dedicated to the public access and use. This grant shall run with the land in perpetuity."
(2) "To ensure the public health, safety and general welfare, private drives constructed within designated Public Access Easements shall be open and accessible to fire, police, and other emergency and maintenance vehicles at all times. The pavement, curb, and gutter of private drives within Public Access Easements shall be continuously maintained by the property owner in good repair and kept free of all obstructions which would impede the free and safe movement of traffic, including but not limited to ice, snow and parked vehicles. If required by the City, the owner shall prepare a traffic control plan for review and approval. Traffic control devices shall be provided and installed in accord with the approved plan and by the owner.
The City of Trenton shall have full power and authority to enforce such controls and to prosecute violations in accord with the laws of the City and State as it would in any other public right-of-way."
(3) "No Public Access Easement may be blocked without the prior written approval of the City of Trenton."
(4) "In the event that the owner of any Public Access Easement fails to fulfill the obligations set forth in these covenants, the City of Trenton is hereby authorized, after providing reasonable opportunity for notice and hearing to the property owner, to take such corrective action as it deems necessary, to charge the owner for the entire cost thereof, and in the event of failure of payment for more than thirty days, to collect such costs as a special assessment against the property without further notice to or approval by the owner."
(Ord. 12-2002. Passed 7-2-02; Ord. 22-2006. Passed 9-7-06; Ord. 18-2008. Passed 12-18-08; Ord. 25-2021. Passed 6-17-21.)