This Title Two of Part Twelve of these Codified Ordinances shall be known and may be cited as the Subdivision Regulations of Carlisle, Ohio or just the Subdivision Regulations. References in this Title Two to "these Regulations" shall mean these Subdivision Regulations.

(Ord. 9-76. Passed 9-9-76.)

   (a)   The purpose of these Subdivision Regulations is to provide rules, regulations and standards to guide the subdivision of land in order to promote public health, safety, convenience and general welfare within the Municipality. Standards shall be administered to ensure orderly growth and development, the conservation, protection and proper use of land, and adequate provision for traffic circulation, utilities and services.

   (b)   These Regulations shall not apply to any lot forming a part of a subdivision created and recorded prior to the effective date of these Regulations (Ordinance 9-76, passed September 9, 1976). It is not intended by these Regulations to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or ordinances, except those specifically repealed by these Regulations, with private restrictions placed upon property by deed, covenant or other private agreement, or with restrictive covenants running with the land to which the Municipality is a party.

      (c)   These Regulations shall apply to all unsubdivided land and to any land replatted in the Municipality, but shall not be deemed a basis for, nor shall they in any way diminish or relax, any existing restriction or provision set forth in any subdivision protective covenant or in any such restrictive covenant which may appear in any deed, contract or plat of record.

(Ord. 9-76. Passed 9-9-76.)

   (a)   No land shall, after the adoption of these Subdivision Regulations (Ordinance 9-76, passed September 9, 1976), be subdivided or replatted without complying with these Regulations.

   (b)   No lot, tract or parcel of land within any subdivision or constituting a subdivision under Ohio R.C. Chapter 711 shall be offered for sale, nor shall any sale or contract for sale which is intended to be recorded with the County have any validity, until such subdivision, together with plans for improvements thereto, have been properly reviewed and officially approved by the Planning Commission and, where required, by Council.

   (c)   No permit required for any work in connection with any subdivision shall be issued until the plat has been approved as prescribed in these Regulations.

   (d)   No improvement, such as water supply, storm water drainage, sewerage facilities, gas service, electric service or lighting, major grading operation, or paving or surfacing of any street, shall be made within any subdivision by any owner or his or her agent, or by any public service corporation at the request of such owner or his or her agent, until the plat for the subdivision and plans for improvements have been properly reviewed by the Municipal Engineer and officially approved by the Commission and until the appropriate bonds have been posted.

   (e)   Where a tract of land is proposed to be subdivided in several stages over a period of years, and the subdivider requests approval in parts, he or she shall, at the time of submission of the first part, submit a complete preliminary plan of the entire tract to be eventually developed, with appropriate sectioning adequate to demonstrate to the Commission that the total design as proposed for the entire subdivision is acceptable under the terms of these Regulations, including conformity with the Land Use Plan. The Commission may give preliminary approval to the overall plan and final approval on the parts as submitted from time to time.

   (f)   The Municipality hereby defines its policy to be that the Municipality will withhold all public improvements, including the maintenance of streets and the furnishing of sewerage facilities and water service, from all subdivisions which have not been approved and from all areas dedicated to the public which have not been accepted by the Commission and Council in the manner prescribed in these Regulations.

   (g)   These Regulations shall be held to be the minimum requirements necessary in the subdivision of land.

(Ord. 9-76. Passed 9-9-76.)

   As used in these Subdivision Regulations, unless the context clearly indicates otherwise:

   (1)   "Alley" means a narrow service way providing a secondary public means of access to abutting properties, which way is not more than twenty feet wide.

   (2)   "Block" means that property abutting on one side of a street between the two nearest intersecting streets or other natural barriers.

   (3)   "Building line" means a line running parallel to and measured perpendicularly from the lot line to the main building, defining the limits of a yard in which no building or structure may be located above ground, except as provided in these Regulations.

   (4)   "Certificate of occupancy" means a certificate issued by the Zoning Inspector stating that the occupancy and use of a building, structure or land referred to therein complies with these Regulations.

   (5)   "Crosswalk" means a strip of land dedicated to public use, which is reserved across a block to provide pedestrian access to adjacent areas.

   (6)   "Cul-de-sac" (court of a dead-end street) means a short street having one end open to traffic and the other end permanently terminated by a vehicular turn-around.

   (7)   "Drainage right of way" means the land required for the installation of a storm water sewer or drainage ditch, or the land required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage.

   (8)   "Easement" means a grant by a property owner for the use of a strip of land by the public or a person for a specified purpose.

   (9)   "Final plat" means the final map of all or a portion of the subdivision which is presented to the Planning Commission and Council for final approval in accordance with these Regulations, and which, if approved, shall be filed with the proper County recording officer.

   (10)   "Hillside area" means any area with an average cross slope of sixteen percent or greater.

   (11)   "Land Use Plan" means the Land Use Plan of the Municipality.

   (12)   "Lot" means a parcel of land defined by metes and bounds or boundary lines in a recorded deed or on a recorded plat, fronting on a legally, dedicated public thoroughfare. In determining lot area, no part thereof within the limits of a proposed street right of way shall be included.

   (13)   "Performance bond agreement" means a bond in the amount of 110 percent of the Municipal Engineer's estimated cost of total required improvements, to be posted as a bond for withdrawal only by Council to guarantee the Municipality that the necessary public improvements will be installed in the subdivision.

   (14)   "Preliminary plat" means a plat prepared by a professional registered engineer or surveyor, incorporating recommendations and requirements of planning authorities, and showing topography, means of drainage, roadways, grades, sanitary sewer and waterline locations and easements on which the Municipal Engineer encounters problems and shows means of solving them.

   (15)   "Street" means a right of way, other than an alley, dedicated, undedicated or otherwise legally established to the public use, usually affording the principal means of access to abutting property. A street may be designated as a thoroughfare, parkway, boulevard, avenue, lane, drive or other appropriate name. For the purpose of these Regulations, streets shall be classified as follows

      A.   Major highways. These facilities serve mainly to move through traffic. State and United States marked routes, as well as some County roads and important intra-municipal streets, are considered under this classification. Where a highway is a nonlimited access route, these facilities also perform a secondary function of providing direct access to abutting land and thus interconnect principal traffic generators.

      B.   Arterial streets. These facilities serve to accommodate crosstown traffic and to link the Municipal street network with the major highway system. Arterial routes provide access to abutting land and generally serve all principal traffic generators. They are also known as primary or secondary streets or thoroughfares.

      C.   Collector streets. These facilities serve intra-Municipal movement of traffic, such as that which moves between a subdivision and an arterial street. The principal difference between a collector street and a street or road of a higher classification is the length of trip each principally serves. Collector routes are intended to supply the abutting property with the same degree of land service as the local street, while at the same time serving a larger volume of traffic.

      D.   Local streets. The sole function of a local street is to provide access to the immediately adjacent property. Local access streets are intended to carry low volumes of traffic.

   (16)   "Subdivider" means any person responsibly engaged in developing or improving a tract of land which complies with the definition of a subdivision.

   (17)   "Subdivision" means:

      A.   The division of any parcel of land shown as a unit, as a part of a unit, or as contiguous units, on the last preceding transfer of ownership thereof, into two or more parcels, sites or lots, for the purpose, whether immediate or future, of transfer of ownership, except that the division or partition of land into parcels of more than five acres not involving any new street or easement of access, and the sale or exchange of parcels between adjoining lot owners, where such sale or exchange does not create additional building sites, shall not be considered a subdivision; or

      B.   The improvement of one or more parcels of land for residential, commercial or industrial structures or groups of structures involving the subdivision and allocation of land as streets or other open spaces for common use by owners, occupants or leaseholders, or as easements for the extension and maintenance of public sewer, water, storm drainage or other utilities and facilities, provided that where no new street or road is involved, the division of land for agricultural purposes, where the resulting parcels are more than three acres or larger in size, the division of property by interstate provisions, or the division of property upon court order, shall not be considered a subdivision.

   (18)   "Subdivision Regulations" means Ordinance 9-76, passed September 9, 1976, codified herein as Part Two of Title Twelve - the Planning and Zoning Code.

   (19)   "Tentative plat" means a general plat presented for discussion and subject to change.

   (20)   "Yard" means an open space on the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided in these Regulations. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the horizontal distance between the lot lines and the main building shall be used.

   (21)   "Zoning Code" means Ordinance 8-13 , passed May 14, 2013 , as amended, codified as Titles Four through Eight of Part Twelve - the Planning and Zoning Code.

   (22)   "Zoning permit" means a permit issued by the Zoning Inspector or his or her duly authorized representative, stating that the proposed erection, construction, enlargement or moving of a building or structure referred to therein complies with the Zoning Code.

      (Ord. 9-76 . Passed 9-9-76 . )

   (a)   The Planning Commission shall review preliminary plats and final plats and shall exercise the responsibilities provided in these Subdivision Regulations.

   (b)   The Commission shall enforce these Regulations in the manner and form and with the powers provided in the laws of the State. (Ord. 9-76. Passed 9-9-76.)

   The Building and Zoning Inspector shall administer these Subdivision Regulations and, in addition thereto and in furtherance of such authority, he or she shall:

   (a)   Maintain permanent and current records of these Regulations, including amendments thereto;

   (b)   Receive and file all sketch plans, preliminary plats and final plats, together with applications;

   (c)   Forward copies of preliminary plats and final plats to other appropriate agencies for their recommendations and reports;

   (d)   Assimilate comments, recommendations and reviews from applicable Municipal officials and make a recommendation for action to the Planning Commission on every subdivision plan or plat which the Commission is to consider, such recommendation to be either for approval, disapproval or deferral with reasons for the recommendation clearly stated;

   (e)   Receive and file copies of final plats and check their compliance with preliminary plats or with such changes from preliminary plats as have been approved by the Municipal Engineer and the Department of Public Service, as applicable, and the Planning Commission;

   (f)   Receive “as built” plans, as outlined in Section 1230.02, and forward prints of such plans to proper governmental departments;

   (g)   Inspect and make recommendations concerning the approval or disapproval of streets and improvements, in accordance with these Regulations; and

   (h)   Make all other determinations required of him or her by these Regulations.

      (Ord. 9-76. Passed 9-9-76; Ord. 13-91. Passed 5-14-91.)

   The Planning Commission may, from time to time, adopt, amend and make public rules and regulations for the administration of these Subdivision Regulations to the end that the public is informed and the approval of plats is expedited. Upon the recommendation of the Commission, these Subdivision Regulations may be enlarged or amended by Council, after a public hearing, due notice of which shall be given as required by law.

(Ord. 9-76. Passed 9-9-76.)

   When a subdivider can show that a provision of these Subdivision Regulations would cause unnecessary hardship if strictly adhered to, and when, in the opinion of the Planning Commission, because of topographical or other conditions peculiar to the site, a departure may be made without destroying the intent of such provision, the Commission may recommend a variance or modification to Council. The subdivider shall apply, in writing, to the Commission, stating the reasoning on which the departure is justified. Any variance or modification authorized by Council shall be made by resolution and a copy thereof shall be attached to and made a part of the final plat.

(Ord. 8-91. Passed 3-26-91.)

   Upon receipt of a written petition of appeal from an aggrieved party, the Board of Zoning Appeals shall, within a reasonable period of time, set a date for a public hearing. At least fifteen days prior to such public meeting date, the Board shall notify the aggrieved party, in writing, and shall notify, by general publication or otherwise, officials, agencies or persons it considers as having an interest in the proceedings.

    The notice shall contain the particular location of the property affected by the decision appealed from or the variation or exception requested, as well as a brief statement of the nature of the appeal or of what the proposed variation or exception consists. The Board shall render its decision on such appeal within a reasonable time after the date of such hearing.

(Ord. 9-76. Passed 9-9-76; Ord. 15-98. Passed 5-12-98.)

   The plat of any proposed subdivision shall be recorded for taxation purposes, within ninety days of the date of its final approval by the Planning Commission, in the office of the Clerk of Council and in the office of the County Recorder.

(Ord. 9-76. Passed 9-9-76.)

   After the enactment of these Subdivision Regulations, no plat of a subdivision shall be recorded by the Clerk of Council or the County Recorder, and no plat of a subdivision shall have any validity, until it is submitted and approved in the manner prescribed by these Regulations.

(Ord. 9-76. Passed 9-9-76.)

   No department, official or employee of the Municipality vested with the authority to issue a permit shall issue a permit for any use, building or purpose if the same is in conflict with these Subdivision Regulations.

(Ord. 9-76. Passed 9-9-76.)

   No certificate of occupancy shall be issued by the Zoning Inspector for the occupancy of any building, structure or improvement to land or a lot within a subdivision which has been approved for platting or replatting, until all subdivision plans are approved, the final plat is recorded, the zoning requirements are met and the 110 percent bond is posted to guarantee the installation of all required improvements.

(Ord. 9-76. Passed 9-9-76.)

   Any subdivision which has received final approval by the Planning Commission prior to the adoption of these Subdivision Regulations (Ordinance 9-76, passed September 9, 1976) shall be considered an approved final subdivision. If the approved final subdivision plat is not recorded within ninety days after the date of the Commission's approval, such approval shall be deemed null and void. If a plat is considered invalid, such plat shall then be resubmitted as a preliminary plat and shall meet all requirements of these Subdivision Regulations.

(Ord. 9-76. Passed 9-9-76.)

   (a)   Approval of a minor subdivision without a plat may be granted by the Manager if the proposed division of a parcel of land meets all of the following requirements:

      (1)   The proposed subdivision is located along an existing public street and does not involve opening, widening or extending any street.

      (2)   Not more than five lots or parcels less than five acres in size are involved after the original tract has been completely subdivided. An original tract shall be considered to have been completely subdivided when all of lots created as a result of any division are less than five acres.

      (3)   The proposed subdivision is not contrary to applicable subdivision or zoning regulations. Administrative approval shall not be granted if any variance from either the Zoning Code or these Subdivision Regulations is requested. Variances to these Subdivision Regulations may only be granted by Council, not the Manager, upon written recommendation of the Planning Commission, and variances to the Zoning Code may only be granted by the Board of Zoning Appeals.

Council, upon written recommendation of the Planning Commission, has the authority and responsibility to apply any pertinent provision of these Subdivision Regulations in the interest of public benefit, as stated in these Subdivision Regulations. This means that a request for a minor subdivision may be properly denied and a record subdivision plat may be required in order for the proposed subdivision not to be contrary to any applicable provision of these Subdivision Regulations.

   (b)   The Manager shall, within seven working days after submission, take action upon such proposed division. If the proposed division is acceptable, a conveyance for such parcel shall be presented to the Manager who shall sign the conveyance and stamp it “Approved by the Carlisle Manager: No plat required.”

   (c)   The application for a minor subdivision shall include the following:

      (1)   A completed application form;

      (2)   A metes and bounds legal description for each lot being created;

      (3)   A survey plat which conforms to the standards and requirements of the County Tax Map Department; and

      (4)   The proper fees as required in Section 1262.13.

   (d)   Whenever a minor subdivision abuts a public street designated in the Official Thoroughfare Plan for the Municipality, the subdivider shall be required to grant all applicable easements or dedications to the appropriate governmental jurisdiction. Such easements or dedications shall be the required amount of right-of-way specified in the Official Thoroughfare Plan for the Municipality and shall be measured from the centerline of the public street.

(Ord. 1-88. Passed 1-11-88; Ord. 3-95. Passed 1-24-95; Ord. 15-98. Passed 5-12-98.)

   (a)   Whoever constructs any public improvement or portion thereof in violation of any of the provisions of these Subdivision Regulations is guilty of a minor misdemeanor and shall be fined not more than one hundred dollars ($100.00) for each offense. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.

   (b)   Whoever sells or offers for sale, or leases or offers for lease, any lot or block within the Municipality, or any addition thereto, or any resubdivision of any lot or block therein, before all of the requirements of these Subdivision Regulations have been complied with, is guilty of a minor misdemeanor and shall be fined not more than one hundred dollars ($100.00) for each lot, block or part thereof so disposed of, offered for sale or leased.

(Ord. 9-76. Passed 9-9-76.)

   (a)   When first proposing to subdivide property, an owner or developer shall submit to the Zoning Inspector, at an informal conference, at least two copies of a sketch or tentative plat of the proposed subdivision. The Zoning Inspector shall review the tentative plat or sketch and advise the owner or developer of such changes as are required to ensure conformity with the Land Use Plan as to major highways and streets, school and recreation sites, community facilities, shopping centers or other pre-designated land usage. He or she shall give such advice as he or she can on sanitation, water supply, drainage and the relationship to any existing or proposed development, and may refer such plat to the Municipal Engineer for additional consultation.

   (b)   In the preparation of any subdivision plat, the following shall be taken into account:

      (1)   Every residential lot in a subdivision shall abut and have access to a dedicated street or right of way, except that in a division of land abutting several lots with the intent of conveying the same to abutting owners without creating additional residence building sites, such parcels need not abut a public street.

      (2)   No land shall be subdivided for residential use if such land is considered by the Planning Commission to be unsuitable for such use because of flooding, improper drainage, inability to provide proper sanitation or any other feature harmful to the health and safety of future residents or the community as a whole.

      (3)   Every subdivision shall be planned so as to be in conformity with the regulations for the zoning district in which it exists.

         (Ord. 9-76. Passed 9-9-76.)

   (a)   An owner or developer shall make written application for the approval of any plat or subdivision, submitted in triplicate, together with at least four copies of the preliminary plat, and make payment of the filing fee, at least fourteen days prior to any meeting of the Planning Commission at which a review is desired. The filing fee shall be in an amount, as determined by resolution of Council, to meet such costs as may be involved in reviewing plans, publishing notices, notifying concerned persons and conducting required public hearings. The fee shall be paid to the Municipality and deposited in the General Fund.

   (b)   The Zoning Inspector shall file one copy of the receipted application with the Clerk of Council and receipt the remaining two copies, one of which shall be attached to the preliminary plat. The subdivider shall keep the third receipted copy as proof of payment.

(Ord. 9-76. Passed 9-9-76.)

   (a)   The Zoning Inspector shall keep one copy of the application for approval of a preliminary plat, together with such copies of the preliminary plat as he or she deems necessary, and either forward or request the subdivider to forward copies of the plat to the various departments and agencies which will review such plat, including the Municipal Engineer and the County Health Department.

   (b)   Two copies of the preliminary plat shall be retained by the Planning Commission for review, and, after having been reviewed by the Commission, both copies shall be identically noted in colored pencil or ink to show all required or recommended changes or corrections as of the date of review, including adopted recommendations or suggestions submitted by the County Health Department, the Municipal Engineer or any other agency.

   One such copy shall be returned to the subdivider or his or her agent by the Zoning Inspector, together with a letter either approving or disapproving the application, with reasons provided, or, where changes or corrections are minimal, the Commission may give a conditional approval, stating that the plat is approved subject to compliance with certain requirements, which requirements shall be set forth in such letter.

   Where it appears that, for any reason, conditions do not warrant either complete approval or conditional approval, the preliminary plat shall be returned to the developer or his or her agent setting forth reasons for disapproval. The plat, revised and corrected, may be resubmitted within one year without payment of an additional application fee.

(Ord. 9-76. Passed 9-9-76.)

   (a)   Approval of a preliminary plat shall be effective for one year from the date of approval, and such approval may, at the option of the Planning Commission and upon request of the applicant, be renewed for one additional year. If construction plans and specifications and a final plat are not submitted for at least a reasonable section of such plat within the second year, the approval shall be deemed to have expired.

   (b)   Where a portion of the land shown on a preliminary plat has been developed and platted, the approval of the remainder of the preliminary plat shall be deemed in effect for one year from the date Council approves the final plat, and unless plans and plats for additional sections are submitted prior to expiration of the one-year period, the preliminary plat approval shall be deemed to have lapsed. The submission of such plans or plats for approval shall extend the approval for one additional year.

(Ord. 9-76. Passed 9-9-76.)

   (a)   The preliminary plat submission shall include a general location map and the preliminary plat of the subdivision with all pertinent data.

   (b)   The location map shall be drawn on a scale not smaller than 400 feet per inch, may be prepared either on a separate or on the same sheet with the plat and shall include the following:

      (1)   Boundaries of the proposed subdivision, indicated by a heavy line;

      (2)   Present or projected thoroughfares related to the subdivision; and

      (3)   The title, scale, north arrow, County, Township and range lines, etc.

   (c)   The preliminary plat shall be drawn on a scale not smaller than 100 feet to, one inch and shall show the following:

      (1)   The name of the proposed subdivision and its location;

      (2)   Names and addresses of the owner, subdivider and the planner, land planning consultant, engineer or registered land surveyor who prepared the plat;

      (3)   Streets and rights of way adjoining and on the site of the proposed subdivision showing street names and including roadway widths, approximate gradients, types and width of pavement, curbs, planting strips and other pertinent data;

      (4)   All lot lines adjacent to and abutting the subdivision;

      (5)   The layout of lots, showing approximate dimensions, lot numbers and centerline radii of streets;

      (6)   Parcels of land proposed to be dedicated or reserved for schools, parks, playgrounds or other public, semipublic or community purposes;

      (7)   Easements, existing and proposed, showing their location, width and purpose;

      (8)   The building set-back or front yard lines and dimensions;

      (9)   The location and size of the nearest water main, sewer outlet and other pertinent utilities;

      (10)   The location, type and approximate size of utilities to be installed;

      (11)   Tract boundary lines, showing dimensions, bearings, angles and reference to known land lines;

      (12)   Contours at vertical intervals of two feet if the general slope of the site is less than sixteen percent, and at vertical intervals of five feet if the general slope is sixteen percent or greater;

      (13)   Tree masses and all individual trees having a diameter of twelve inches or greater, if required by the Planning Commission;

      (14)   The location of existing structures;

      (15)   A preliminary outline of the deed restrictions and covenants that would be placed upon the subdivision;

      (16)   Landscaping plans and proposed limits on the location and intensity of signs, advertising and off-street parking, in the case of a proposed subdivision for industrial or commercial use; and

      (17)   The location of swales, ditches and storm sewers, showing the direction of flow and the general overall drainage pattern, with particular attention to points of inflow into the area and points of discharge.

         (Ord. 9-76. Passed 9-9-76.)

   Prior to the approval of a final plat, all necessary construction or improvement plans, an estimate of construction costs, and bonds or letters of credit necessary to guarantee that such improvements will be completed, shall be submitted and approved. In lieu of the bonds or letters of credit, the applicant may complete the improvements in a manner acceptable to the Municipality and file a maintenance guarantee bond running one year from the date such improvements are accepted by the Municipality.

(Ord. 9-76. Passed 9-9-76.)

   The final plat, together with a durable reproducible copy thereof, shall be submitted to the Clerk of Council for transmittal to the Zoning Inspector who shall carry such plat to its final approval. Both copies of such plat shall be referred to the Municipal Engineer for review and shall be signed by him or her, if approved, or returned to the Zoning Inspector with recommendations and comments attached. The plat shall thereupon be presented to the Planning Commission for approval. If the final plat is approved by the Commission, it shall be so indicated on both the original and reproducible copy over the signature of the Secretary of the Commission, whereupon such plat shall be returned to Council.

(Ord. 9-76. Passed 9-9-76.)

   The approval by Council of the final plat shall be indicated thereon by a statement of approval which shall include the date and ordinance number and which shall bear the signature of both the Mayor and the Clerk of Council. The reproducible copy shall be permanently filed in the office of the Clerk of Council or the Zoning Inspector.

(Ord. 9-76. Passed 9-9-76.)

   The Zoning Inspector shall notify the subdivider of the action of the Planning Commission and Council, by mail, within five working days after the date of such action. The original tracing of the approved plat shall be returned to the subdivider or his or her agent for recording in the County Recorder's office. If such recording is not made within ninety days, the approval will become void, and a resubmission for approval of the Commission and Council shall be made.

(Ord. 9-76. Passed 9-9-76.)

   The Mayor and the Clerk of Council shall not indicate Council's approval on any plat by affixing their names and the ordinance number thereto until such time as the subdivider has posted the performance guarantee as set forth in Section 1250.03.

(Ord. 9-76. Passed 9-9-76.)

   The fee established by resolution of Council for each lot created under Ohio R.C. 711.131 shall be assessed to defray the cost of reviewing and processing.

(Ord. 9-76. Passed 9-9-76.)

   Approval of a final plat shall be effective for two years from the date of approval, and such approval may, at the option of the Planning Commission and upon request of the applicant, be renewed for two additional years.

(Ord. 9-76. Passed 9-9-76.)

   A final plat shall be provided by a subdivider and shall meet the following specifications:

   (a)   The final plat may not necessarily include the entire approved preliminary plat. However, the subdivider, in such case, shall provide copies of the approved preliminary plat marked to show the outline of the section or area for which final plat approval is being requested.

   (b)   The original drawing of the final plat shall be made on a permanent reproducible medium, in black waterproof India ink, to a scale of 100 feet to one inch and upon one or more sheets not larger than twenty-four inches by thirty-eight inches.

   (c)   With the original of the final plat, the subdivider shall submit one permanent-type reproducible copy (mylar or other suitable medium) and four blue-line or black-line prints. Upon the recording of any plat, the subdivider shall furnish two prints of the recorded plat showing the date, plat book and page, etc., as recorded.

   (d)   All dimensions shall be shown in feet and decimals of a foot.

   (e)   Each plat, shall have a suitable, prominently lettered title and border line placed with a margin of not less than one-half inch on all sides.

   (f)   All surveys for a final plat shall be made under the active and personal direction of a professional surveyor registered in the State.

   (g)   The following basic information shall be shown on the final plat:

      (1)   The name of the subdivision;

      (2)   Accurate boundary lines, with dimensions and bearings or angles, which provide a survey of the tract, closing with an error of closure of not more than one foot in 10,000 feet, thereafter adjusted to close precisely;

      (3)   Accurate distances and directions to the nearest established street corner or official monument, with reference corners accurately described on the final plat;

      (4)   Accurate locations of all existing and recorded streets intersecting the boundaries of the plat;

      (5)   All data which are necessary for an accurate metes and bounds legal description of the property included, with the area shown to the nearest 1/1000 of an acre;

      (6)   The right-of-way line of streets, easements and other rights of way, and property lines of lots and other tracts, with accurate dimensions, bearings and curve data, including radii, arcs, lengths, points of tangency and central angles;

      (7)   The name and right-of-way width for each .street or other right of way;

      (8)   The location, dimensions and purpose of any easement shown by light, dashed lines;

      (9)   The number to identify each lot or site, using lot numbers designated by the County Auditor, where the Auditor has such designation;

      (10)   The purpose for which sites, other than residential lots, are dedicated or reserved, such as for parks, retarding basins, floodways, etc.;

      (11)   The building set-back or front yard lines and dimensions;

      (12)   The location, type and material of monuments and lot markers;

      (13)   The name of the owner adopting the plat, with the owners signature properly notarized;

      (14)   Deeds or acknowledgments, protective covenants of restrictions, and statements of dedication of streets or roadways, personally signed by the owner and duly notarized. Mortgage releases shall be provided for all dedicated streets or public areas where subdivided land is mortgaged and shall be of record when the plat is approved by Council. Where restrictions and protective covenants become of considerable length, they may be filed on a separate instrument with reference on the plat indicating the book and page number where the instrument is recorded.

      (15)   Names of the recorded owners of adjoining unplatted land, shown by medium, dashed lines;

      (16)   A reference to recorded subdivision plats of adjoining platted land by recorded name, plat book and page, shown by medium, dashed lines;

      (17)   The title, north arrow, scale and date;

      (18)   Certification by the registered surveyor, with the registration number and seal affixed to all documents of the final plat;

      (19)   Certification by the registered surveyor or registered professional engineer, stating that all lot dimensions and areas conform to the requirements of the zoning district in which the plat is located;

      (20)   A deed of dedication of all public areas;

      (21)   A certificate for approval by the Zoning Inspector;

      (22)   A certificate for approval by the Municipal Engineer;

      (23)   A certificate for approval by the Planning Commission;

      (24)   A certificate for approval by Council;

      (25)   A certificate for approval by the County Department of Health; and

      (26)   Where numerous existing lots are being replatted, the title reference plat, showing the new lots in solid lines superimposed over the old lots shown in short, dashed lines, shall accompany the record plat, for recording purposes.

         (Ord. 9-76. Passed 9-9-76.)

   Each final plat submitted to the Planning Commission for approval shall contain statements in the restrictive covenants providing for the following items:

   (a)   All utility easements, as dedicated on the face of the plat, shall be kept free of permanent structures, trees, shrubbery, fences or other installations thereon, whether temporary or permanent, and the removal thereof by a utility company shall in no way obligate the utility company in damages or to restore the obstruction to its original form.

   (b)   Before any lot or tract located within the subdivision is used or occupied, such user or occupier shall first obtain a zoning permit as required by the Zoning Code, from the Zoning Inspector.

   (c)   Before any house or building on a lot or tract in the subdivision is used and occupied as a dwelling or as otherwise provided in these Subdivision Regulations, the developer or any subsequent owner of such lot or tract shall install all improvements serving the lot or tract as provided in the plans and specifications filed with the Planning Commission.

   (d)   Before any house or building on a lot or tract in the subdivision is used or occupied as a dwelling or as otherwise provided in these Regulations and the Zoning Code, the developer or any subsequent owner of the lot or tract shall first obtain a certificate of occupancy, as required by the Zoning Code, from the Zoning Inspector.

   (e)   The further subdivision of any lot or combination of lots, within a subdivision previously approved by the Commission, is prohibited, unless and until the Commission has reviewed and approved the change.

      (Ord. 9-76. Passed 9-9-76.)

   A subdivider shall conform to the principles and standards of land subdivision set forth in this chapter in the design of each subdivision or portion thereof which has not been officially recorded in the office of the County Recorder on or before the effective date of these Subdivision Regulations.

(Ord. 9-76. Passed 9-9-76.)

   A subdivision plat shall conform to design standards that will encourage good development patterns and shall conform particularly to principles, standards, policies and proposals which are specified in the Land Use Plan. Therefore, drainage rights-of-way, school sites, public parks, recreation sites and other public buildings and facilities shown on the Land Use Plan shall be considered in the decision to approve or disapprove a subdivision plat. Each subdivision design shall also conform with all applicable sections of the Zoning Code.

(Ord. 9-76. Passed 9-9-76.)

   (a)   A street layout shall provide access to all lots and parcels of land within a subdivision. Street jogs at intersections of less than 125 feet shall be avoided.

   (b)   Street terminations in a cul-de-sac shall not exceed 700 feet in length, unless a greater length is necessitated by site topography.

   (c)   Local or neighborhood streets shall be designed by pattern and layout so as to discourage through traffic.

   (d)   Proposed streets, where appropriate, shall be extended to the boundary of the tract to be subdivided so as to provide for normal circulation of traffic with adjacent existing or future subdivisions or developed areas.

   (e)   Wherever there exists a dedicated or platted portion of a street or alley within the proposed subdivision, the street or alley shall be platted to the prescribed width within the proposed subdivision.

   (f)   Widths of major highways, primary and secondary thoroughfares and collector and local street rights-of-way shall conform to the widths specified in Plate 1. These widths may be increased, decreased or varied in unusual circumstances by the Planning Commission.

 

 

1.   Additional right-of-way may be required by the Planning Commission.

2.   Pavement width shall be measured from back of curb to back of curb. The standards as shown in the cross-section of Bakersfield Subdivision, a copy of which is attached to original Ordinance 23-81, passed March 9, 1981, and made a part of this section by reference, shall be used in the construction of local access streets, and curbs shall be of a four-inch roll type as shown in the cross-section.

         (Ord. 9-76. Passed 9-9-76; Ord. 23-81. Passed 3-9-81.)

 

   (g)   The minimum right-of-way of local streets, including marginal access streets and cul-de-sacs, shall be fifty feet. All cul-de-sacs shall terminate in a circular right-of-way with a minimum diameter of 100 feet.

   (h)   Where a street having two or more lots fronting thereon ends at a subdivision line for future extension, it shall be provided with a temporary paved turn-around until such extension is completed. The size of the turn- around shall be not less than sixty feet in diameter.

   (i)   A subdivision that includes or borders on an existing street that does not conform to the required width shall dedicate additional width along either or both sides of the street. Not more than half of the required right-of-way shall be taken from either side of the street.

   (j)   All streets shall be constructed in accordance with the Municipal street construction specifications, as set forth in Chapter 1022 of the Streets, Utilities and Public Services Code.

   (k)   A street intersection shall be at a ninety degree angle of intersection.

   (l)   At street intersections, the property line corners shall be rounded by arcs with radii of not less than twenty feet.

   (m)   The intersection of more than two streets at one point is not permitted.

   (n)   Where parkways or special types of streets are involved, the Planning Commission may apply special standards to be followed in the design of such parkways or streets.

   (o)   Whenever the subdivision contains or is adjacent to a railroad right-of-way, or a highway designated as a limited access highway by the appropriate authorities, provision shall be made for either a marginal access street or a parallel street at a distance adequate to permit the use of adjoining land.

   (p)   Horizontal visibility on curved streets and vertical visibility on all streets shall be maintained along centerlines as follows:

      (1)   Major highways and thoroughfares   500 feet;

      (2)   Collector streets and parkways   300 feet; and

      (3)   Residential access streets      100 feet.

   Where topographic or other conditions warrant it, the Commission may, with the approval of the Municipal Engineer, reduce these requirements.

 

   (q)   Horizontal curvature measured along the centerline shall have a minimum radius as follows:

      (1)   Major highways and thoroughfares   500 feet;

      (2)   Collector streets and parkways   300 feet; and

      (3)   Residential access streets      150 feet.

   Where topographic or other conditions warrant it, the Commission may, with the approval of the Municipal Engineer, reduce these requirements.

   (r)   All changes in grades shall be connected by vertical curves of sufficient radii to provide smooth transitions and required site distances.

   (s)   Between reverse curves on major highways and thoroughfares, there shall be a tangent of not less than 100 feet. On collector and local or neighborhood streets, such tangent shall be not less than forty feet. In hillside areas, there shall be a tangent of not less than fifty feet between reverse curves on major highways and arterial streets. On collector streets in hillside areas, such tangents shall be not less than twenty feet.

   (t)   The maximum gradient for a street shall be six percent, unless a greater gradient is approved by the Municipal Engineer and the Commission.

   (u)   The minimum grade of a street gutter shall be five-tenths of one percent.

   (v)   A new street may be called an avenue, circle, court, drive, place, street or way, but it shall not be called a road or highway. Street names shall be sufficiently different in sound and spelling from other street names in the Municipality and abutting townships.

   (w)   Alleys are not permitted in residential areas, but shall be included in commercial and industrial areas, where needed, for loading and unloading or access purposes where required. Alley rights-of-way shall be at least twenty feet in width and shall be fully paved, except for curbs and gutters, and shall allow for drainage toward the center and adjoining streets with catch facilities.

   (x)   Dead-end alleys shall be avoided, but if unavoidable, shall be provided with adequate turn-around facilities at the dead end, as determined by the Commission.

   (y)   Streets shall be arranged such that adjacent building sites are above the grade of the streets wherever possible.

   (z)   All proposed streets shall conform to the Land Use Plan.

(Ord. 9-76. Passed 9-9-76.)

 

   (a)   Blocks shall not exceed 1,250 feet in length, unless unusual circumstances justify a greater length.

   (b)   Blocks shall be of sufficient width to permit two tiers of lots of appropriate depth, except where an interior street parallels a limited access highway, arterial street or railroad right-of-way.

   (c)   No other specific rule is made concerning the shape of blocks, but blocks shall fit easily into the overall plan of a subdivision and their design must evidence consideration of lot planning, traffic flow and public areas.

   (d)   Within blocks of over 700 feet in length, at or near the middle of the block, a public walk connecting adjacent streets or other public areas, shopping centers, etc., is required.

(Ord. 9-76. Passed 9-9-76.)

   (a)   All lots shall abut on a dedicated street or right-of-way.

   (b)   Side lines of lots shall be at approximately right angles to straight streets and on radial lines on curved streets. Some variation from this rule is permissible, but points or very irregular lots shall be avoided. For hillside areas, side lines of lots shall be located so as to provide the most suitable building site.

   (c)   Double frontage lots shall be discouraged. Along arterial streets, lots may face on an interior street and back on such thoroughfare. For hillside areas, double frontage lots may be permitted when indicated by the character of the topography.

   (d)   Minimum lot areas, widths and building set-back lines shall be as provided in the Zoning Code.

(Ord. 9-76. Passed 9-9-76.)

   (a)   Easements for utilities shall be provided. Such easements shall have a minimum width of fifteen feet. Where located along interior lot lines, one-half of the width shall be taken from each lot. Before determining the location of easements, the plan shall be discussed with local utility companies to ensure proper placement for the installation of services. Slope easements shall be provided when required by the Planning Commission.

   (b)   Easements of adequate width shall be provided for all streams and drainage channels.

   (c)   All underground public utility lines, wires, cables, conduits, vaults, laterals, pipes, mains, valves and other similar distributing equipment shall be placed within easements or dedicated public ways in such a manner as not to conflict with any other underground service previously installed. (Ord. 9-76. Passed 9-9-76.)

   Where sites for parks, schools, playgrounds or other public use areas as shown in the Land Use Plan are located within a subdivision area, the Municipality shall require that such areas be so designated on the final plat. Within one year after the approval of the final plat, the authority having jurisdiction shall acquire the designated land or commence proceedings to acquire it by condemnation, otherwise the owner may make any other permitted use of the site, as permitted in the zoning district within which it lies.

(Ord. 9-76. Passed 9-9-76.)

   (a)   In a subdivision of any land within the Municipality, due regard shall be shown for all natural features, such as tree growth, watercourses or other similar elements which, if preserved, would add attractiveness to the proposed development.

   (b)   The natural topography shall be retained wherever possible in order to reduce excessive run-off onto adjoining property and to avoid extensive regrading of the site.

   (c)   Floor elevations of all buildings shall be carefully studied in relation to existing topography, proposed street grades, existing trees, areas subject to periodic flooding and other pertinent site features. Such elevations shall be constructed in accordance with recommendations by the Planning Commission, the Municipal Engineer and the Miami Conservancy District.

(Ord. 9-76. Passed 9-9-76.)

   Utility and street improvements shall be provided by the subdivider in each new subdivision in accordance with the standards and requirements described in this chapter.

(Ord. 9-76. Passed 9-9-76.)

   (a)   A final plat, when submitted to the Planning Commission for approval, shall be accompanied by construction or improvement plans as prepared by the owner's engineer and approved by the Municipal Engineer, the Mayor, the Zoning Inspector and any other proper Municipal official. In addition, evidence shall be provided that such plans have been duly approved by the State Environmental Protection Agency, the County Health Department or any other governing agency or department when approval by such agency or department is required by law.

   (b)   Construction plans shall be prepared by or under the immediate direction of a professional engineer registered in the State. Such plans shall be complete and shall show all improvements, including storm and sanitary sewers, culverts, water and gas mains, typical cross-sections of streets, profiles and necessary special details.

   (c)   The plans shall, in every way, equal or exceed the standards set forth in this chapter.

   (d)   The plans, when submitted to the Municipal Engineer for review, shall be accompanied with a map showing a division of drainage run-off areas and a complete set of calculations determining pipe or ditch channel sizes.

   (e)   In the preparation of construction or improvement plans, every reasonable effort shall be made to avoid placing utility pipelines and storm and sanitary sewer pipelines (but not including service connections which must necessarily cross the streets) under pavements or curbs.

   (f)   After the completion of the construction or improvements, a set of reproducible prints of the essential parts of such plans, showing Aas built@ details and changes, if any, shall be filed with the Zoning Inspector.

   (g)   the owner or his or her agent or engineer shall consult with public service and utility companies as to the location of underground conduits, pipelines, overhead poles, street lights, wires, etc., and shall provide necessary easements for such facilities on the final plat.

   (h)   The approval of plans by the Municipal Engineer, the Mayor, the Zoning Inspector or the Planning Commission shall not relieve the owner or developer or his or her engineer of any liability, damages or legal action which may result from faulty, careless or negligent design or construction observed within the guarantee period.

(Ord. 9-76. Passed 9-9-76.)

   No final plat shall be approved until all the improvements necessary and agreed to by the owner or developer, or required by the Planning Commission, have been completed to the satisfaction of Council or ensured by the owner. A credit at a local bank by the owner in an amount equal to 110 percent of the Municipal Engineer's estimated cost of total improvements shall be confirmed by notice, in writing, to the Municipality from a bank. A statement in a form approved by Council and signed by the developer shall state that 110 percent of the contract price is credited at a bank for withdrawal, only with the approval of Council, as shown in the Bond Agreement outlined in Appendix I, form h., following this chapter. Both instruments shall state that upon failure of the developer to satisfactorily complete or make necessary repairs or alterations to the improvements, the Municipality may do so and shall use the remaining credit for this purpose.

    The date upon which final payment to the pavement contractor is approved by the Municipality shall be deemed the date of tentative acceptance for all improvements, including sewers and utility pipelines, from which date the subdivider is liable for all necessary maintenance and repairs for one year. If, at the termination of the one-year guarantee period, all roadways, pavements, utilities, sewers, etc., are found to be in good and satisfactory condition, the same shall be given final acceptance by the Municipality and the remaining ten percent of the bond shall be released.

(Ord. 9-76. Passed 9-9-76.)

   (a)   Streets shall be completed in accordance with the plans, profiles, specifications and cross-sections prepared for the subdivider by a registered professional engineer in accordance with the specifications for construction of streets in the Municipality, as set forth in Chapter 1022 of the Streets, Utilities and Public Services Code, and approved by the Municipal Engineer, the Zoning Inspector and the Planning Commission.

   (b)   Streets shall be graded, surfaced and improved to the dimensions required by Section 1228.03(f). All streets shall be graded the full width of the right-of-way. Cul-de-sac turn-arounds shall be paved to within ten feet of the right-of-way. Grading for street improvements shall not create soil slopes exceeding a vertical rise of one foot for each three feet of horizontal distance, unless otherwise approved by the Municipal Engineer and the Commission.

   (c)   The street surface shall be of Portland cement concrete or asphaltic concrete pavement and shall be constructed in accordance with design characteristics at least equal to the minimum requirements of the Municipality.

   (d)   Prior to the construction of street pavements, adequate surface and necessary subsurface facilities shall be installed by the subdivider.

   (e)   Provisions for storm drainage shall meet the requirements of Section 1230.08.

   (f)   All construction shall be completed in accordance with approved specifications and in a manner acceptable to the Municipal authorities having jurisdiction. When changes from the accepted plans and specifications become necessary during construction, written approval from the Zoning Inspector shall be secured prior to the execution of such changes.

   (g)   The subdivider is not required to provide a pavement width of more than twenty-five feet on each side of a centerline, or the equivalent in the case of a divided pavement.

(Ord. 9-76. Passed 9-9-76.)

 

   (a)   Concrete curbs and gutters shall be provided along the outside edge of all street pavements, except in R 1, M 1 and M 2 Districts where curb and gutter requirements may be waived by the Planning Commission.

   (b)   Curbs and gutters shall be installed by the subdivider in compliance with the specifications of the Municipality. Curb construction shall be roll-type curbs on all streets. (Barrier-type curbs, as specified, may be required along primary and secondary thoroughfare pavements.)

(Ord. 9-76. Passed 9-9-76.)

   The developer shall install or cause to be installed a system for the disposal of sanitary sewage in the subdivision by one of the following means.

   (a)   Public System. A complete sanitary sewerage system, which shall convey the sewage into an established Municipal or other public agency sanitary sewage treatment and disposal system, at a point and in a manner approved, in writing, by the Municipality, shall be installed. The plans for the complete installation of sewage connections thereto shall be prepared by a registered engineer at the expense of the subdivider or developer, shall meet the requirements of the State or other government agency having jurisdiction and shall be approved by the Municipal Engineer, the Zoning Inspector and the Planning Commission.

   (b)   Quasipublic System. A complete sanitary sewerage system, which shall connect into the sanitary disposal system of the Municipality at a future date, shall be installed. The plans for the complete installation of the system, both within the subdivision and any off-site installations serving such subdivision, shall show all locations, size, material, profiles and capacities, shall meet the requirements of the State or other government agency having jurisdiction and shall be approved by the Municipal Engineer, the Zoning Inspector and the Commission.

   (c)   Private Sewage Disposal Systems. If the developer submits proper evidence to the Municipal Engineer that no other form of sewage disposal and treatment is possible, then the Commission may permit the developer to use a private sanitary sewage disposal system on each individual lot of one-half acre or more, consisting of a septic tank, a tile absorption field or another approved treatment system, when installed in accordance with the standards and approval of the State and the County Department of Health, provided that the average water table is not closer than thirty inches form the ground surface. Part of the proper evidence shall be in the form of a print of the plan showing the location, depth and percolation rate of the test holes, one located on each lot, of a percolation test conducted by an engineer. The information shown shall be certified to be accurate by a professional engineer registered in the State.

   (d)   Plans. The subdivider shall furnish the Commission with a complete set of plans and profiles as approved by the various authorities.

      (Ord. 9-76. Passed 9-9-76.)

   The developer shall install or cause to be installed a water system for a subdivision by one of the following methods.

   (a)   Public System. A complete water main system, which shall be connected to a public or other community water supply which meets the requirements of the State or other government agency having jurisdiction and which shall be approved by the Municipal Engineer, the Zoning Inspector and the Planning Commission, shall be installed. The plans for the complete installation shall show the size, location, depth and material thereof and all connections thereto, including fire hydrants and valves. The subdivider shall furnish the Commission with a complete set of plans and profiles as approved by the Municipal Engineer and the Zoning Inspector. In all instances, fire hydrants shall be spaced a minimum of 400 feet apart. No water main shall be less than six inches in diameter and larger mains shall be required where determined necessary by the Municipal Engineer, the Zoning Inspector and the Commission.

   (b)   Individual Supply. If the developer submits proper evidence to the Municipal Engineer that no other form of water supply is possible or economically feasible, then the Commission may permit an individual water supply on each lot in the subdivision, subject to compliance with all recommended design standards of the County Department of Health and the State. Such individual systems are not encouraged by the Municipality.

      (Ord. 9-76. Passed 9-9-76.)

   (a)   Adequate surface and subsurface drainageways for the removal of storm water shall be provided by the subdivider. The extent to which storm drainage facilities are required shall be based upon an analysis of need, prepared for the subdivider by a registered professional engineer. The analysis shall be based upon the reactional method of computing storm water run-off, using the maximum one-hour rainfall to be expected at a ten-year frequency. Times of concentration, soil infiltration rates and other variable factors to be used in the analysis shall be discussed with and approved by the Municipal Engineer during the preliminary consideration of the subdivision.

   (b)   A storm water sewerage system, which shall be separate and independent of the sanitary sewerage system, with surface inlets, shall be provided by the subdivider in all cases where curbs and gutters are to be installed and whenever available evidence indicates that such a system is necessary due to the inadequacy of the natural surface drainage.

   (c)   All nonsanitary water, including sump pumping, roof drain tiles and the like, shall be connected to the public storm drainage system. Under no circumstances shall the subdivider, developer, builder or occupant be permitted to discharge such drainage onto any street, alley, sidewalk or other public right-of-way.

   (d)   To ensure proper drainage right-of-way width, the following requirements shall be incorporated in a plat:

      (1)   Drainage easements shall have a width adequate to include the bottom width of a stream, plus side slopes not steeper than three feet horizontal to one foot vertical.

      (2)   Pipes used for drainage purposes shall be in accordance with the standard specifications of the State Department of Transportation, Division of Highways, as approved by the Municipal Engineer and the Zoning Inspector.

   (e)   Plans for the complete installation of the storm drainage system, showing all locations, materials, sizes and profiles, shall be prepared by a registered engineer at the expense of the subdivider or developer, shall be approved by and meet the requirements of the State or other government agency having jurisdiction and shall be approved by the Municipal Engineer, the Zoning Inspector and the Planning Commission.

   (f)   The subdivider shall furnish the Commission with a complete set of plans and profiles as approved by the various authorities.

(Ord. 9-76. Passed 9-9-76.)

   (a)   The developer shall have installed, by the respective utility companies, underground distribution facilities, street lighting facilities and underground communications distribution facilities in all new residential subdivisions (R 1, R 2, R 3 and R 4 Districts). In all cases, street lighting facilities shall be included by the developer.

   (b)   As used in this section, “developer” means a person who submits a subdivision plat or other plat to the Planning Commission and/or Council for approval.

   (c)   Underground utilities shall serve the subdivision within or along rights-of-way or existing or proposed public streets, provided that prior to the installation of such facilities, the developer pays the utility companies' schedules and/or associated charges and gives written commitment to pay the utility company for the cost of any relocation of such facilities and to provide all easements necessary for relocation and extension. The developer shall provide necessary easements to utility companies at no cost.

   (d)   All service lines connecting a customer's service within the utility company's underground distribution lines shall be installed underground to connection points on the distribution facilities determined by the utility company. The customer's service line shall be installed by the developer or customer, except for communication service lines. The actual connection to the utility company's facilities shall be made by the utility company. Underground electrical wiring shall be a minimum of thirty inches below the final grade and shall be bedded in or covered by a minimum of four inches of sand or protected by commercially available plastic tile, such as “core-flor” or an approved equal. Approval shall be made by the Commission with the advice of the utility company.

   (e)   The installation of pad-mounted transformers and communication interconnection cabinets is required and nothing in this section shall be construed as requiring the installation of this equipment underground. The use of underground transformers is not permitted. Prior to paving any street, the developer shall install, at his or her own cost, acceptable separate conduit cross-overs for electric and communication facilities at locations specified by the utility company and/or the Commission.

(Ord. 28-79. Passed 12-27-79.)

   (f)   In other than new residential subdivisions, as set forth in subsection (a) hereof, all telephone and/or electric service lines may be required to be placed underground throughout the subdivision and the conduit or cables shall be located within easements or public rights-of-way in separate trenches, in a manner that will not conflict with other underground services. Furthermore, all transformers and terminal boxes shall be located so as not to be unsightly or hazardous to the public.

   (g)   All excavations for public utilities made under paved areas shall be properly backfilled with approved granular material thoroughly compacted in place, subject to the approval of the Zoning Inspector and the Municipal Engineer.

(Ord. 9-76. Passed 9-9-76.)

   (a)   Commercial Lighting /Private Residential Lighting.

      (1)   Lights may be pole-mounted or wall-mounted lighting.

      (2)   New installations and modifications to existing lighting shall be accompanied by a photometric analysis showing the illumination levels at all strategic points within the site, including parking lots, entranceway areas, sidewalks and lot lines common with residential areas.

      (3)   Stray lighting from on-site generated sources shall not exceed 0.1 footcandle at the property line. Diffusers, lenses or shields may be used to meet this requirement.

      (4)   No light shall be emitted above a horizontal line parallel to the ground. In order to achieve total cutoff at 90 degrees, a luminaire shall emit maximum candlepower at an angle not exceeding 75 degrees.

      (5)   High pressure sodium (IRS) or metal halon shall be used.

      (6)   Poles shall be aluminum.

      (7)   No activity on private property shall generate light that creates a nuisance to surrounding property, as determined by the Zoning Inspector.

      (8)   Lighting fixtures, wiring and pole designs shall be uniform throughout the subdivision/development.

      (9)   For a reason other than monetary, the Planning Commission may grant an exception to these requirements.

   (b)   Street Lighting.

      (1)   As a minimum, street lights shall be located at every intersection and at the neck of every cul-de-sac.

      (2)   Street light pole standards and fixtures shall be selected by the developer; however, aluminum or fiberglass poles must be used unless the utility company certifies to the Manager that a wooden pole is necessary for safety reasons.

      (3)   If the developer chooses to erect decorative style “coach” lighting with the development, in addition to the standard specified in division (b)(1) of this section, street lights shall be located such that the average spacing is no more than every 150 feet. For taller , more traditional “cobra head” designs, in addition to the standard specified in division (b)(1) of this section, street lights shall be located such that the average spacing is no more than every 250 feet.

      (4)   High pressure sodium (HPS) shall be used for all street lighting in residential development in wattages approved by the Municipal Engineer.

      (5)   Construction of street lighting shall not begin until approval is obtained from the Municipal Engineer. Subdividers shall pay all costs of construction for street lighting, establishing electrical service and initial electrical power charges. The Municipality shall assume the cost of providing the necessary electrical power when the street lighting, poles, wiring and fixtures have been installed and accepted by the Municipal Engineer.

      (6)   No activity on private property in a residential area shall generate light that creates a nuisance to surrounding property, as determined by the Zoning Inspector.

   (c)   Definitions.

      (1)   “Commercial.” A business development with large numbers of pedestrians and a heavy demand for parking during peaks, or a sustained high pedestrian volume and a continuously heavy demand for off-street parking during business hours.

      (2)   “Residential.” A residential development, or a mixture of residential and commercial establishments, characterized by few pedestrians and a low parking demand or turnover at night. This definition includes areas with single-family homes, townhouses, and/or small apartments. Regional parks, cemeteries and vacant lands are also included.

         (Ord. 19-06. Passed 6-13-06.)

   (a)   Appropriate street signs, as specified by the Municipality, shall be installed by the subdivider at all street intersections.

   (b)   Street names shall not be duplicated nor closely approximate any existing street name in the Municipality or abutting townships, except extensions of existing streets.

(Ord. 9-76. Passed 9-9-76.)

   (a)   An unpaved or otherwise unimproved area within a public right-of-way or public use area, shall be graded in an approved manner.

   (b)   The subdivider shall take necessary steps to prevent silting and erosion during plat construction.

(Ord. 9-76. Passed 9-9-76.)

   (a)   Permanent monuments shall be set at locations required by the Municipal Engineer and the Zoning Inspector.

   (b)   Monuments similar and equal to those required by the County Planning Commission shall be provided and installed by the subdivider.

   (c)   Markers shall consist of galvanized steel or steel bars at least twenty-four inches in length and three-quarters of an inch in outside diameter.

   (d)   Monuments and markers shall be provided by the subdivider and so placed that the center point coincides with the intersection of lines to be marked and the top level with the surface of the surrounding ground after final grading.

(Ord. 9-76. Passed 9-9-76.)

   Where a subdivision is to contain sewers, sewage treatment facilities, water supply systems, park areas or other physical facilities which will not be maintained by existing public agencies, the same shall be designed and built according to the prevailing design standards of the Municipality. Facilities shall be maintained by a trust agreement, which shall be a part of the deed restrictions and which shall be acceptable to the proper public agencies normally having jurisdiction over the continuous maintenance, supervision, operation and reconstruction of such facilities. Other restrictions not inconsistent or in conflict with these Subdivision Regulations or other ordinances of the Municipality may also be included.

(Ord. 9-76. Passed 9-9-76.)

   (a)   For new streets, sidewalks are required on both sides of the street.

   (b)   For major and minor subdivisions where the new lots will face an existing street, sidewalks are required on the newly established lots as part of the lot improvement.

   (c)   For a reason other than solely monetary, the Planning Commission may grant an exception to the requirements of this section. An example exception would be to not require a sidewalk on a new lot, created from a lot split, that faces an existing street when there is little likelihood that the other existing lots would be required to have sidewalks put in at the same time. (Ord. 20-92. Passed 7-7-92.)

   (a)   During the course of construction of improvements, the subdivider shall notify the Municipal Engineer or his or her authorized representative at least two working days before each of the following operations, in order that required inspections may be made:

      (1)   All street subgrades, especially areas where backfilling was placed over subterranean construction, and curb and gutter construction, before base material is deposited in place; and

      (2)   Base construction before pavement is placed on the base material.

   It is essential that these inspections be made in order for the Municipality to ascertain the quality of construction preliminary to accepting improvements for public maintenance. Additional inspections may be required by the Municipal Engineer or his or her authorized representative.

   (b)   The subdivider shall pay a fee for all required inspections. The total inspection fee for a subdivision shall be determined on an hourly basis and shall be at the prevailing wage rate for the Municipal Engineer or his or her authorized representative. Verbal approval or disapproval shall be made at the time of inspection. Not later than five days after the date of each inspection, the Municipal Engineer or his or her authorized representative shall notify the subdivider, in writing, of the results of the inspection. Before Council accepts streets and improvements, all inspection fees, as required in this subsection, shall be paid to the Clerk of Council.

(Ord. 9-76. Passed 9-9-76; Ord. 1-91. Passed 1-8-91.)

   When a subdivider has completed construction of improvements, he or she shall notify the Municipal Engineer or his or her authorized representative by letter (in two copies) and formally request a final inspection. In this letter, the subdivider shall briefly describe all improvements and shall enclose two copies of the subdivision plan which show these improvements as installed.

(Ord. 9-76. Passed 9-9-76; Ord. 1-91. Passed 1-8-91.)

 

   Before the acceptance of subdivision improvements, the Municipal Engineer or his or her authorized representative shall inspect such improvements, as described in Section 1230.16, and submit a report to Council on the condition of such improvements and a recommendation for action thereon.

(Ord. 9-76. Passed 9-9-76; Ord. 1-91. Passed 1-8-91.)

   Not later than seven days after the final inspection of subdivision improvements, the Municipal Engineer or his or her authorized representative shall notify the subdivider, in writing, of the results of the inspection.

(Ord. 9-76. Passed 9-9-76; Ord. 1-91. Passed 1-8-91.)

   All new construction, either in new plats or undeveloped lots, must be paved using either concrete or asphalt installed per Municipal specifications after the passage of this section.

(Ord. 18-89. Passed 4-10-89.)