The following notes shall be contained on the final record plat:
(a) Dedication Statement.
"The undersigned, being all the owners and lien holders of the land herein replatted, do hereby accept and approve this replat, to the dedication of the right-of-way of as shown hereon, and do hereby voluntarily consent to the execution of the said. The title acquired by Deed Book # and Page # ."
(b) Certification Statement. Certification by a registered surveyor to the effect that: (1) the plat represents a survey made by the surveyor and that all monuments indicated final subdivision plat requirements thereon actually exist and their location, size and material are correctly shown; and (2) that all requirements of these Subdivision Regulations have been fully complied with.
(c) General Notes.
(1) "This street to be extended in the future" shall be added to streets where future expansion is planned.
(2) "We, the City Council for the City of Troy, Miami County, Ohio do hereby approve and accept the dedication of land for the streets as shown on this plat of ____________________________(name of subdivision), Section _______, Book _______, this _____day of _________________, _______(month), (year)."
(3) "The dedication of land for the streets as shown on this plat was reviewed and approved by the Planning Commission for the City of Troy on the _______day of _____________, _______(month), (year)."
(d) Public Access Easement. In the event that the City's Authorized Agent has required or approved one or more public access easements within the subdivision, these areas of the final record plat shall be circumscribed and labeled as public access easements on the final record plat, and the following notation shall be provided on the final plat:
(1) "All areas designated as Public Access Easements shall be subject to the following covenants:
(2) "Public Access Easements are dedicated to the public access and use. This grant shall run with the land in perpetuity."
(3) "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 Troy 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."
(4) "No Public Access Easement may be blocked without the prior written approval of the City of Troy."
(5) "In the event that the owner of any Public Access Easement fails to fulfill the obligations set forth in these covenants, the City of Troy 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."
(e) Utility Easement.
"Utility easements are provided for other public uses as designated and shall be used for the construction, maintenance, and operation of electric, gas, water, sewers, stormwater drains, open channels, cable television, telephone 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. 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."
(f) Drainage Notes.
"The City of Troy does not accept any [private] drainage easements shown on this plat. The City of Troy 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 [private] drainage easements shall be the responsibility of the as provided for in the declaration and in accordance with the standards and specifications of the City of Troy. 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." "The City of Troy shall have the permanent and irrevocable right and authority to inspect such interior streets, access easements, waterways, common spaces and improvements thereon as are developed in this subdivision."
"The City of Troy shall have the right, but not the responsibility, to enter upon any Lot in the subdivision to inspect and monitor any stormwater detention basin area or drainage facilities constructed in the subdivision. In the event that the facilities are not properly constructed or maintained, upon the failure of the Developer, lot owner, or the Association to take corrective action after being duly notified in writing by the City, the City shall have the right, but not the obligation to take whatever action is necessary to correct any improper construction or to maintain stormwater detention basins areas and drainage facilities; provided, however, that the Developer, lot owner, and/or Association shall first have a reasonable period of time, taking into account the urgency of the matter, to take corrective action. Any cost incurred by the City of Troy for such maintenance may be assessed to the Association or, if there is no Association, or the association has ceased to exist, against individual lot owner. These restrictions shall run with the land, and shall bind the owners, successors, and assigns unless and until a modification is agreed to and approved by the Council of the City of Troy."
(Ord. 73-2021. Passed 1-18-22.)