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Chillicothe City Zoning Code

TITLE FIVE

Subdivision Development Requirements

APPENDIX A STREET AND ROADWAY CLASSIFICATION SYSTEM

STREET
CLASS
ADT
RANGE
MINIMUM
R.O.W. (FT.)
PAVEMENT WIDTH (FT.)
MAXIMUM
GRADE
MINIMUM GRADE
Arterial
5,000+
90
(SEE NOTE 2)
12%
.5%
Collector
(Minor)
500-2,000
70
36
12%
.5%
(Major)
2,000-5,000
70
36
12%
.5%
Local
under 500
50
27
12%
.5%
Cul-de-Sac
under 500
50
27
12%
.5%
Industrial
NA
60
40
12%
.5%
 
NOTES:   1.   Pavement width is measured from face of curb to face of curb. Required pavement width may be increased if on-street parking is allowed.
      2.    Pavement width on Arterial Streets to be determined on a case-by-case basis by the Planning Commission upon recommendation of the City Engineer.
      3.    Standards for proposed streets with grades in excess of 12% shall be determined on a case-by-case basis by the Planning Commission upon recommendation of the City Engineer and adherence to Chapter 1197.
         (Ord. 27-11. Passed 3-14-11.)
 
 
 
REVISED ORDINANCES OF CHILLICOTHE

1191.01 REQUIRED IMPROVEMENTS.

   The Owner/Developer who desires to subdivide or develop any land subject to this Ordinance shall provide and pay the entire cost of improvements to such land as follows:
   (a)   Streets and parking areas, graded full width and paved, including drainage structures, bridges, sidewalks, curbs and other improvements as may be required by these regulations and/or the City Standard Plans and Specifications.
   (b)   Sanitary sewers, including manholes, services and all appurtenances.
   (c)   Water distribution system including mains, services, valves, fire hydrants and all appurtenances.
   (d)   Storm drainage improvements, including both enclosed and non-enclosed systems, as well as all appurtenances to such systems.
   (e)   Monuments, stakes and property pins.
   (f)   Street signs designating the name of each street at each intersection within the development and other traffic control signage as determined necessary by the City Engineer.
   (g)   Street lighting, pursuant to Section 1193.11, including poles, underground conduits and appurtenances, as determined by the City Engineer.
   (h)   Utilities, including electric, telephone and cable television services.
   (i)   All other improvements shown on the plans as approved by the City.
   (j)   All plans shall be prepared and sealed by a registered professional engineer licensed in the State of Ohio.
   (k)   The final plat shall be prepared and all layout staking of the project shall be performed by a registered professional surveyor licensed in the State of Ohio.
   The Owner/Developer shall provide for the future extension of streets and water, sanitary sewer and storm drainage lines from the Owner/Developer's site to adjacent property as deemed necessary by the Planning Commission.
(Ord. 27-11. Passed 3-14-11.)

1191.02 OBLIGATIONS OF OWNER/DEVELOPER.

   The Owner/Developer of the land being developed shall be subject to the following obligations:
   (a)   The Owner/Developer shall be responsible for the payment of all fees incurred by the City Engineer pertaining to administrative responsibilities specified in this Ordinance, including inspection of the improvements.
   (b)   All construction work and materials used in connection with improvements shall conform to the requirements of the City and be installed under the general supervision of the City Engineer.
   (c)   The Owner/Developer, or his agent, shall give not less than three (3) business days notice to the City for any inspection to be conducted. The Owner/Developer shall also insure that no work shall be covered or obscured prior to inspection by the City.
   (d)   The Owner/Developer shall provide proof of insurance and hold the City free and harmless from any and all claims for damage of every nature arising or growing out of the construction of improvements or resulting from improvements and shall defend, at his own cost and expense, any suit or action brought against the City by reason thereof.
   (e)   All improvements and utilities will be satisfactorily installed within two (2) years from the date of approval of the Construction Plans, pursuant to Section 1115.09, or within such other time schedule as specifically approved by the City Engineer.
   (f)   As an alternative to the construction and approval of the required public improvements prior to recording the final plat, an acceptable performance assurance equal to one hundred ten percent (110%) of the estimated cost of all required improvements, as approved by the City Engineer, shall be deposited with the City. Such performance assurance shall consist of one of the following:
      (1)   A performance or construction bond equal to one hundred ten percent (110%) of the estimated construction cost as approved by the City Engineer for the public improvements. Such bond shall be without time limit and shall be on such forms as may be provided by the City, or
      (2)   A letter of credit or certified check made payable to the City, equal to one hundred ten percent (110%) of the estimated construction cost as approved by the City Engineer for the public improvements.
   (g)   All permits and approvals shall be obtained and all fees and deposits paid prior to beginning any construction of any improvements.
   (h)   During construction and prior to acceptance of any public improvement, the Owner/Developer shall remove or cause to be removed such dirt and debris and foreign matter from all public rights of way, improvements or easements as existed prior to the time of construction or were deposited, left or resulted from the construction of improvements of any nature within the development. Such removal shall take place within twenty-four (24) hours after being notified by the City that such work is required, and shall be completed to the satisfaction of the City Engineer.
   (i)   All public improvements shall be guaranteed by the Owner/Developer for a period of one (1) year from the date the public improvement is accepted, in writing, by City Council pursuant to Section 1115.16. Such guarantee shall consist of a maintenance bond, certified check or other acceptable instrument, for ten percent (10%) of the total cost of the improvements and shall include the following:
      (1)   Any and all defects and deficiencies in workmanship and materials.
      (2)   The cost of all labor, materials, equipment and other incidentals required to maintain, repair and replace any or all of such improvements and to maintain them in good and proper condition, excluding ordinary wear and tear, but including filling trenches and restoring lawns, sidewalks, yards, streets, sewers, pipe lines.
In the event the Owner/Developer fails to make such maintenance, repairs or replacements within ninety (90) days after notice in writing by the City Engineer, or in the event of an emergency which may endanger life or property, the City may make or cause to be made, such repairs or replacements from the above guarantee.
   (j)   The Owner/Developer shall execute a development agreement with the City, specifying the terms and conditions required under this Section of this Ordinance.
   (k)   The Owner/Developer shall furnish to the City final plats and as-built drawings of all improvements as required by these regulations.
   (l)   No person or owner shall violate any of the regulations established in this Section. Upon identifying such violation, the City shall have the authority to:
      (1)   Stop all work on the development site forthwith;
      (2)   Hold the Owner/Developer, bonding company and/or institution issuing the letter of credit responsible for the completion of the public improvement according to the approved construction drawings and the agreement.
         (Ord. 27-11. Passed 3-14-11.)

1191.03 COSTS TO BE SHARED BY THE CITY.

   In consideration for the agreement by the Owner/Developer of the land being developed to install utilities and/or streets to sizes and configurations in excess of the needs of the land being developed, the City shall share in the cost of the excess size and configuration of the utilities and/or streets as set forth in this Section.
   (a)   A utility or street shall be considered excessive to needs of the land being developed when any of the following conditions exist:
      (1)   The City specifically requires a greater width, size or configuration of any nonadjacent street for the purpose of meeting the future needs of the City as provided for a comprehensive or thoroughfare plan, or similar study, as adopted by City Council;
      (2)   There is additional pavement width and depth and/or additional length of storm sewers and other improvements required for all thoroughfares;
      (3)   The City requests that a water line be more than twelve inches (12") in diameter, when such size is not required to meet the needs of the land being developed;
      (4)   A sanitary sewer line is more than fifteen inches (15") in diameter, unless this size is required for the land being developed by reason of grade or trench loading requirements of the land being developed, or because of anticipated sewerage flows from the land being developed;
      (5)   Other conditions warrant cost sharing and such conditions are approved by City Council.
   (b)   The City shall share in the cost of improvements by:
      (1)   Paying for all the material costs only for the size difference of the waterline, sanitary sewer pipe and the appurtenances thereto between what is required for the land being developed and what is excessive to the needs of the land being developed, or
      (2)   Paying for all materials F.O.B. the plant, factory, supply depot or warehouse for such other improvements that are excessive to the land being developed.
   (c)   Nothing in this Section shall be interpreted, read or construed to obligate the City for expenses incurred by the Owner/Developer, contractor, subcontractor or other persons because of:
      (1)   Equipment or labor costs related to excessive excavation, due to the over sizing and/or increased depth or width of waterlines, sewers or roadways. For the purposes of this Ordinance, "excessive excavation" shall include excavation in bedrock, wet or loose soils, or at a depth of greater than fourteen (14) feet;
      (2)   Equipment, labor or material cost due to improperly or unacceptable installed improvements including the removal and replacement thereof; or
      (3)   Any improvements installed prior to the approval of the cost sharing by the City.
   (d)   Upon approval by Planning Commission of the preliminary plat for the land being developed, the following procedure shall be followed:
      (1)   The City Engineer shall identify all improvements eligible for cost sharing, and shall estimate the cost of the City's portion of such improvements;
      (2)   If applicable, an ordinance shall be submitted to Council for approval, appropriating funds to cover the City's portion;
      (3)   Upon completion and acceptance of the work and quantities thereof by the City Engineer, the costs shall be certified to the chief fiscal officer of the City.
   (e)   Failure of the Owner/Developer of the land to provide the City with copies of billings, invoices, contracts, agreements or such other evidence of construction costs as the City Engineer deems necessary within three (3) months of completion and acceptance of the improvements by the City, shall constitute just cause to declare the City's agreement to cost share as provided in this Section null and void. In such cases, no reimbursement shall be made or monies paid without negotiation of a new cost-sharing agreement and approval of such agreement and appropriation of costs by City Council.
      (Ord. 27-11. Passed 3-14-11.)

1193.01 CONFORMITY WITH REQUIREMENTS.

   The design standards and requirements of this chapter shall apply to all subdivisions as defined in Chapter 1105.
   (a)   Conformity with City Standards. All public improvements undertaken in any subdivision shall conform to the standards of this chapter and the City Standard Plans and Specifications.
   (b)   Conformity with Zoning and Plans. No final plat of land shall be approved unless it conforms with existing zoning requirements. The design of a proposed subdivision shall be shown by the Owner/Developer to be in general conformity with any adopted land use and/or comprehensive master plan(s) prepared by the City for the area.
      (Ord. 27-11. Passed 3-14-11.)

1193.02 GENERAL SUBDIVISION DESIGN.

   The design of the subdivision shall be based on an analysis of environmental characteristics of the site. To the maximum extent possible, development shall be located so as to preserve the natural features of the site, avoid areas of environmental sensitivity, and minimize negative impacts on and alteration of natural features. The following specific areas should be preserved as undeveloped open space, to the extent consistent with reasonable utilization of the land:
   (a)   Wetlands, as defined in Section 404, Federal Water Pollution Control Act Amendments of 1972, subject to field verification by the U.S. Army Corps of Engineers, or other agency authorized to make such determination;
   (b)   Lands subject to flooding, pursuant to Section 1193.03;
   (c)   Slopes in excess of twelve percent (12%) unless appropriate engineering methods are employed, pursuant to Chapter 1197;
   (d)   Historically significant structures or sites as listed, or eligible for inclusion, on the National Register of Historic Places;
      (Ord. 27-11. Passed 3-14-11.)

1193.03 LAND NOT SUITED FOR DEVELOPMENT.

   (a)   General Provisions. If the Planning Commission, upon recommendation of the City Engineer, finds that land proposed for subdivision development is unsuitable due to flooding, poor drainage, topography, landslip potential, inadequate public facilities, or other condition that may be detrimental to the general health, safety or welfare of the public, and if it is determined that the land should not be developed for the purpose proposed, the Planning Commission shall not approve such subdivision unless adequate methods are proposed by the Owner/Developer for alleviating the problems that would be created by development of the land, subject to the approval of the City Engineer.
   (b)   Land Subject to Flooding. The subdivision of lands within areas subject to flooding shall be subject to the standards and regulations of Chapter 1329 of the Codified Ordinances, and shall, in addition, be subject to the following requirements:
      (1)   No subdivision or part thereof shall be approved if the proposed subdivision development will, individually or collectively, significantly increase flood flows, heights or damages.
      (2)   No subdivision, or part thereof, shall be approved which would substantially affect the storage capacity of the flood plain.
      (3)   Buildings or structures shall not be permitted in floodway areas. Sites for these uses may be permitted outside the floodway if the sites or structures are elevated to such height that the lowest floor of the structure is least one (1) foot above the 100-year base flood elevation, as established by the Federal Emergency Management Agency (FEMA), and/or other authorized agency, in a flood study or report approved by the City. Required fill areas must extend a minimum of fifteen (15) feet beyond the limits of the structure(s) or required improvement(s).
      (4)   When the Planning Commission determines that only part of a proposed plat can be developed in compliance with these requirements, it shall limit development to only that portion.
      (5)   The Planning Commission may attach other reasonable conditions as is appropriate to the approval of plats within areas subject to flooding. Such conditions may include, but are not limited to, requirement for the construction of dikes, levees or other similar measures, or flood proofing of structures, as recommended by the City Engineer.
         (Ord. 27-11. Passed 3-14-11.)

1193.04 EROSION AND SEDIMENTATION CONTROL.

   The Owner/Developer shall use adequate measures to minimize erosion and its impacts during subdivision construction activity. The City Engineer may require the Owner/Developer to submit detailed erosion and sedimentation plans if the City Engineer determines that the size and/or scale of the proposed subdivision warrants such action. Generally, such a plan shall be required for, but not limited to, major subdivisions where the total area of the subdivision is more than one (1) acre in size, or if the subdivision is located where average slope exceeds five percent (5%). In addition, the City Engineer may require the Owner/ Developer to submit erosion and sedimentation plans for any established lot where development is proposed to occur.
   Erosion and sedimentation plans for subdivisions shall be prepared by a Professional Engineer, and indicate the techniques and location of devices to be used to control erosion both during construction and permanently, and include a schedule for installing those devices. Erosion control plans shall be based on the control of erosion on-site, with the objective of eliminating or minimizing erosion and sedimentation impacts off-site. Techniques, devices or measures used shall be reviewed and approved by the City Engineer.
   All erosion and sedimentation control devices shall be in place at the start of construction activity.
(Ord. 27-11. Passed 3-14-11.)

1193.05 STORM WATER MANAGEMENT.

   (a)   Compliance with Storm Water Management Regulations. In addition to the requirements of this Section, all storm water management, erosion and sediment control activities carried out pursuant to these regulations shall be subject to and in compliance with the Storm Water Management and Erosion and Sediment Control Regulations as cited in Chapter 916 of the Codified Ordinances.
   (b)   Construction Site Runoff Control. The Owner/Developer shall use adequate measures to minimize erosion and other negative water quality impacts as a result of construction and development activity. The Planning Commission shall have the authority to require a Storm Water Pollution Prevention Plan in those cases where the scope and scale of the development warrants, as recommended by the City Engineer. The Plan shall be prepared by a Professional Engineer or other certified professional and shall be developed utilizing current industry standards and effective Best Management Practices (BMPs). As part of the plan, the Owner/Developer shall install, inspect and keep records of inspection, and maintain BMPs throughout the duration of the permit. The City Engineer may inspect the construction site for compliance with the Storm Water Pollution Prevention Plan and, if found lacking, may issue a permit violation, stop work order, fine or other measure to ensure compliance.
   (c)   Post Construction Runoff Control.     Post construction storm water runoff control shall be addressed in the design phase of proposed subdivisions. Both structural and nonstructural post construction BMPs will be considered. Use of riparian setbacks, green space preservation, porous pavements, water quality swales and grass filter strips are a few methods to be considered. Specific sites within the proposed subdivision may be inspected for compliance and, if found lacking, the City Engineer may issue a permit violation, stop work order, or fine to ensure compliance. Fines as defined by separate ordinance may be levied by the City as soon as one (1) week after notification of violation.
   (d)   Storm Water Drainage.
      (1)   General. No subdivision plan or plat shall be approved that does not make adequate provision for storm water runoff and flood waters. The Planning Commission shall have the authority to deny subdivision approval for areas of extremely poor drainage, including subdivisions in areas dominated by hydric soils. In any subdivision, the storm drainage system shall be separate and independent of any sanitary sewer system.
      (2)   Preservation of Natural Drainage Courses. Generally, the natural flow of all existing drainage courses, including underground drainage systems, shall be accommodated. Such underground systems, including farm field tile systems, shall be identified and mapped as part of the preliminary plan.
No natural drainage course shall be altered and no fill, buildings or structures shall be located unless provision is made for the flow of storm runoff and/or surface water. The City Engineer may require an easement to be provided on both sides of the existing surface drainage course adequate for the purpose of future widening, deepening, enclosing or otherwise improving said drainage course. If such drainage course crosses private property, easements must be obtained by the Owner/Developer for construction and future maintenance. These easements must be shown on the Construction Plans, including the volume and page number of the recorded easement.
      (3)   Outlets. No subdivision plan or plat shall be approved by the Planning Commission unless an adequate outlet for storm water, as shown on the plan or plat, is approved by the City Engineer. The Owner/Developer shall pay all costs associated with an analysis performed and submitted by a Professional Engineer demonstrating that an adequate outlet for storm water runoff exists. Generally it will be necessary to pipe storm water to an adequate watercourse, stream or existing storm system which has the capacity to accommodate the flow, or to utilize acceptable on-site water retention methods adequate to minimize excessive off-site storm water flows.
      (4)   Submittal Data. Culverts and other components of storm water conveyance systems that cross streets or roadways shall be designed so as to adequately address the ten (10) year storm under residential streets and the fifty (50) year storm under collector and arterial streets. The City Engineer may require the Owner/Developer to pay for an analysis of the existing storm water system by a Professional Engineer to determine how best to connect the proposed development to the existing system or any required improvements downstream so as not to overload the system. The post development runoff rate may not exceed the predevelopment runoff rate as determined by the 100 year storm event.
   (e)   Culverts. All culverts utilized in subdivisions shall have the appropriate headwalls and/or other structures and improvements to protect the facility.
   (f)   Open Drainage Channels. The determination as to whether a specific drainage course shall be enclosed shall be made by the City Engineer. In those cases where an open channel is determined to be acceptable, the cross section and profile of the open channel and its banks shall be approved by the City Engineer.
(Ord. 27-11. Passed 3-14-11.)

1193.06 STREETS.

   (a)   General. All streets shall be designed with appropriate regard for topography, streams, wooded areas, soils, geologic limitations and natural features. Roadways shall further be designed to permit efficient drainage and utility systems layouts while providing safe and convenient access to property.
   (b)   Classification, Street Widths and Street Grades. The arrangement and classification of all streets in newly developed areas shall conform to the Thoroughfare Plan. For streets not indicated on the Thoroughfare Plan, the arrangement shall provide for appropriate extensions of existing streets. The Planning Commission shall make the final determination as to the classification of any new street, based on the potential development of the site, and its potential traffic volume as expressed in ADT (Average Daily Traffic), the character of the surrounding area, the Thoroughfare Plan and the recommendation of the City Engineer. Rights-of-way, pavement widths and street grades shall be as specified in Appendix A, which is hereby made a part of this Ordinance.
   (c)   Alignment.
      (1)   In order to provide for efficient and effective access by emergency vehicles, the street pattern shall make provision for the continuance of streets and for the connection to existing rights-of-way in adjacent areas.
      (2)   If a subdivision adjoins or contains an existing or proposed arterial or major collector street, direct access points to such street shall be minimized. The Planning Commission may require marginal access streets or reverse frontage with a planting strip of a minimum width of twenty (20) feet on the rear of those lots abutting the said arterial or collector street, and no vehicular access across the strip.
      (3)   If a subdivision adjoins an existing or proposed arterial or major collector street, the Planning Commission may require drainage improvements and the construction of separate turn lanes and/or traffic signals on such streets into the proposed subdivision.
      (4)   Local streets shall be laid out so as to discourage use by through    traffic.
      (5)   Streets shall intersect one another at ninety (90) degrees, or as near to ninety (90) degrees as possible, but in no case less than seventy-five (75) degrees. The intersecting street must remain within these degree     parameters for a distance of not less than one-hundred feet (100') from the stop bar or right-of-way line.
      (6)   Street jogs shall be discouraged. In no case shall a street jog be allowed on an arterial street. Where such jogs are unavoidable, in no case shall the centerlines be offset by less than 150 feet.
      (7)   The maximum length of a cul-de-sac shall be 1,000 feet, measured from the centerline of the intersecting street to the middle of the turn around, unless specific approval for greater length is granted by the Planning Commission, upon recommendation of the City Engineer.
      (8)   Half width streets shall be prohibited.
 
   (d)   Dedication. The necessary rights-of-way for widening or extension of all thoroughfares, shall be dedicated to public use. When a subdivision fronts on an existing City street, or County or township road, dedication shall be made to the proper authority so as to meet the requirements of the table in Appendix A.
   (e)   Blocks. Blocks shall not be less than 800 feet nor more than1,400 feet and in length, except where topographic conditions specific to this individual subdivision require a greater length.
   (f)   Private Streets. There shall be no private streets or roadways nor any private easement used for purpose of providing access to any subdivision unless constructed and maintained to the specifications and standards of the City.
   (g)   Alleys. Alleys may be approved in residential subdivisions, when justified by subdivision street design, to provide vehicular access to garages or parking areas. Alleys may be approved in commercial or industrial subdivisions if no other provisions can be made for adequate service access. The minimum width for rights-of-way of any alley shall be twenty (20) feet and shall be dedicated to the public.
   (h)   Street Names. The names of new streets shall not duplicate names of existing dedicated streets except that new streets which are extensions of existing streets shall bear the names of such existing streets.
   (i)   Curbs, Gutters and Sidewalks. Curbs and gutters shall be required in all subdivisions within the City of Chillicothe. Sidewalks shall be required in all subdivisions where the average lot width of all lots within the subdivisions is less than eighty feet (80'). In no case shall a Certificate of Zoning Compliance be granted for a building within a new subdivision where sidewalks are required until such sidewalks are constructed on the lot(s) and approved. Sidewalks shall comply with standards as provided by the City Engineer.
   (j)   Driveways.
      (1)   All driveways shall have a maximum grade of ten percent (10 %) except under the provisions of Chapter 1197.
      (2)   The edge of all driveways shall be at least three (3) feet from the side lot line.
      (3)   No driveway shall be approved providing direct access from a single or two family residential lot to a street designated as an arterial or major collector street. (Ord. 27-11. Passed 3-14-11.)

1193.07 LOTS.

   (a)   All lots shall have the required frontage on an improved public street or an approved private street. Access to garages or parking areas via an alley may be permitted if the alley is constructed to standards as approved by the City Engineer.
   (b)   Lots in subdivisions located within the City of Chillicothe shall meet the dimension and area requirements of the zoning district in which such subdivision is located. In addition, all lots shall also meet the following requirements:
      (1)   All residential lots shall be approximately rectangular in shape, and should not have a depth in excess of four (4) times their width, except where extra depth is necessary due to topography or natural conditions, or to meet other requirements of this Ordinance.
      (2)   Double frontage and reverse frontage lots should be avoided, except where required to provide separation from arterial or major collector streets, or to overcome specific conditions of topography or orientation. In such cases, an easement shall be provided along the rear lot line across which there shall be no vehicular access.
      (3)   Whenever possible, residential subdivisions shall be designed so that corner lots have a larger area than interior lots in order to accommodate the additional setback of the second street.
      (4)   Whenever possible, side lot lines should be at right angles or radial to street lines.
      (5)   Lots shall not be created by dividing land at the terminus of stub streets in adjacent subdivisions, such stub streets being intended to promote continuity of street systems in adjoining subdivisions.
      (6)   Additional lot width or a buffer strip of not less than fifty (50) feet may be required where a residential lot backs up to a railroad right-of-way, high pressure gas and/or liquid petroleum transmission lines, overhead high voltage electrical lines, an arterial street or roadway or an open drainage channel.
      (7)   When necessary, easements shall be provided along side and rear lot lines for local service utility lines. Easements shall be provided on both sides of any open drainage course, for the purposes of widening, deepening or general maintenance. Such easements shall comply with the requirements of Section 1193.08.
In no case shall a fence, planting or any other obstruction, including playground equipment or other accessory structures be constructed on this easement. Notwithstanding the above, the removal of any existing obstruction within such easement shall be the responsibility of the owner of the property at the time such action is required.
         (Ord. 27-11. Passed 3-14-11.)

1193.08 EASEMENTS.

   (a)   Utility Easements. Easements shall be required for poles, wire, cable, conduits, storm and sanitary sewers, water lines, gas lines or any other utility lines. The Owner/Developer shall seek recommendations on the proposed layout of all utilities from all entities providing service to the area. Generally, such easements shall be no less than ten feet (10') in width, or twenty feet (20') if multiple underground and overhead utilities are present, and shall be located along front, rear or side lot lines of each lot. Notwithstanding the foregoing, easements of greater width may be required in particular cases upon determination of the City Engineer.
   (b)   Watercourse Easements and Riparian Setbacks. When any stream, watercourse or surface drainage course is located within a proposed subdivision, the Owner/Developer shall provide an easement along each side of such stream, or water course or surface drainage course for the purpose of widening, deepening, relocating or other maintenance thereof. The width of such easement shall be determined by the City Engineer, but shall be no less than twenty (20) feet. Provisions shall be made by the Owner/Developer for perpetual maintenance of all stream, watercourse, or storm drainage course easements and shall be specified on the final plat of the subdivision. (Ord. 27-11. Passed 3-14-11.)

1193.09 SANITARY SEWERS.

   (a)   Sanitary sewers shall be designed to maintain a minimum velocity of two (2) feet per second. The design of the overall sewer system shall be in conformance with the requirements of all of the following:
      (1)   The City Standard Plans and Specifications.
      (2)   The Ohio Environmental Protection Agency (OEPA.
      (3)   The Ohio Department of Health and Recommended Standards for Wastewater Facilities (Great Lakes - Upper Mississippi River Board of State Public Health and Environmental Managers:1990) as may be subsequently updated or amended.
      (4)   The current rules and regulations of the Utility Department of the City of Chillicothe
   (b)   Sanitary sewer lines should be located in the street right-of-way, except under special conditions, when this requirement may be waived by Planning Commission. In such cases, the line shall be provided with permanent access easements.
   (c)   Under no circumstances shall a new septic tank, aeration system, mound (evapo-transpiration) system or similar method of sewage disposal be installed within the City. Only under circumstances of extreme hardship shall sewage lift stations, sewage grinder pumps or individual household sewage disposal systems be permitted in subdivisions established after the effective date of this Ordinance. Such systems shall only be permitted with the approval of the Planning Commission. The Owner/ Developer shall be responsible for all costs associated with any lift station for one (1) year after the system is dedicated to the City, or until not less than or until more than five (5) lots have been developed, whichever comes first.
   (d)   Minimum line size for gravity sewers shall be eight inches (8"). Downstream sewer pipe sizes shall be greater than or equal to the upstream size unless otherwise approved by the Planning Commission. If larger pipe sizes are required to accommodate future growth, the City may participate in the costs associated with the larger sizes, in accordance with Chapter 1191.
(Ord. 27-11. Passed 3-14-11.)

1193.10 WATER LINES.

   (a)   Water lines shall be designed, sized and constructed so as to be in conformance with all of the following:
      (1)   The City Standard Plans and Specifications.
      (2)   The Ohio Environmental Protection Agency (OEPA.)
      (3)   The current rules and regulations of the Utility Department of the City of Chillicothe.
   (b)   Fire hydrants shall be located so that adequate fire flow to each structure, based on the current guidelines of the Insurance Services Office (ISO) can be met, but in no case shall be more than 350 feet from another fire hydrant, or as otherwise required by the Chillicothe Fire Department.
   (c)   Water lines should be located within the street right-of-way, except under special circumstances when this requirement may be waived by the Planning Commission. In such cases, the line shall be provided with permanent access easements.
   (d)   The standard minimum size of water mains shall be six inches (6"). If larger line sizes are required to accommodate future growth, or to provide for fire flows in excess of those required for the proposed development, the City may participate in costs for the size increase, in accordance with the procedures of Chapter 1191.
   (e)   Minimum cover for water lines shall be forty-eight inches (48"). Water mains shall be laid so that at least ten feet (10') of horizontal distance and eighteen inches (18") vertical distance is maintained between the water main and any sanitary or storm water sewer line. In cases where ten feet (10') of horizontal distance cannot be maintained, such as a crossing, the vertical distance shall be maintained and such sewer lines shall be constructed of water line material.
   (f)   At crossings of water mains and sanitary sewer lines, one full length of water pipe should be used in order that both joints will be as far away from the sewer line as possible. All crossings shall be made at a 90 degree angle.
   (g)   The water system shall be designed in order that the minimum residual pressure at the highest inhabited floor of any building shall be not less than 20 psi.
(Ord. 27-11. Passed 3-14-11.)

1193.11 UNDERGROUND UTILITIES AND STREET LIGHTING.

   (a)   Underground utilities shall be required for all subdivisions within the City of Chillicothe. Unless specific approval is granted by the Planning Commission, all utility boxes shall be located in side or rear yards.
   (b)   At a minimum, street lights shall be required at all street intersections for all subdivisions within the City of Chillicothe. The Planning Commission may, upon recommendation of the City Engineer, require the Owner/Developer to make adequate provisions for the subsequent placement of additional street lights within the subdivision.
   (c)   Street lights and all appurtenances thereto shall be installed by the Owner/Developer, and shall be of a type acceptable for cost-effective service as determined by the electric utility providing service to the City. The City Council shall have the authority to assess costs associated with the operation and maintenance of the system to the lots within the subdivision.
   (d)   Illumination for street lights shall be uniform and shall follow the recommendations of the current Illuminating Engineering Society (IES) Handbook. Generally, street lights shall be located not less than 200 feet nor more than 350 feet apart. Lights shall be placed within 200 feet from the closed end of each cul-de-sac, and at each street intersection.
   (e)   The location of all street lights shall be shown on the street construction plans.
(Ord. 27-11. Passed 3-14-11.)

1193.12 STREET TREES.

   (a)   Street trees in new subdivisions shall comply with the standards of Chapter 907.06 of the Codified Ordinances.
   (b)   Street trees shall not be planted in the right-of-way of any street designated as an arterial roadway, unless specific approval is granted by the Planning Commission.
   (c)   Trees planted in the right-of-way of any other street shall not be planted in any location where the City Engineer determines that such placement would create a safety hazard. In no case shall a street tree be planted within fifty feet (50') from an intersection, within thirty feet (30') from any alley approach, or ten feet (10') from any driveway approach, sanitary or storm sewer manholes or fire hydrants.
   (d)   Any portion of any tree that extends over the curb line shall be maintained to a minimum of fifteen feet (15') from the top of limb to the highest point of the curb, and a minimum of eight feet (8') from the sidewalk to the lowest portion of the tree extending over such sidewalk. (Ord. 27-11. Passed 3-14-11.)

1193.13 PUBLIC SITES AND OPEN SPACE.

   Where a proposed park or school site, as shown on a comprehensive plan as adopted by City Council, is located in whole or in part within a proposed subdivision, the Planning Commission may require one of the following:
   (a)   The dedication to the public of part or all of the proposed site and/or
   (b)   Reservation of the site for a period of up to three (3) years to enable acquisition by the appropriate agency or entity.
      (Ord. 27-11. Passed 3-14-11.)

1193.14 MONUMENTS.

   (a)   General Requirements. All research, investigation, monumentation, measurement specifications, survey exhibits, legal descriptions, and subdivision plats shall conform to the Minimum Standards for Boundary Surveys, Ohio Administrative Code (OAC) Section 4733-37-03.
   (b)   Type and Location. The intent of placing monuments within a new subdivision is to make the buyer aware of the boundary of the parcel. With this in mind, all corners of interior lots shall be staked, where practical. In cases where the corner cannot be staked (due to an obstruction, manhole, utility facility, etc), an offset may be placed. The monumentation set shall conform to that shown on the recorded plat. If offsets are placed, the plat must be amended to satisfy this requirement. All monumentation set shall comply with OAC 4733-37-03.
   The intersections of local or residential streets may be monumented with minor monumentation (P-K nail, Mag Nail, Rail Spike) after the final pavement is in place. Intersections of new arterial or collector streets shall be monumented in compliance with OAC 4733-37-03 and be placed within a monument box approved by the City Engineer.
   (c)   When Set. Lot monuments shall be placed after lot grading and prior to sidewalk construction. After all construction activity is completed, the Owner/Developer shall insure that all monuments are in place.
   Centerline monuments shall be placed after construction of the streets are completed. Monument boxes may be placed prior to paving.
   All setting of monumentation shall be under the direction of an Ohio Registered Professional Surveyor.
(Ord. 27-11. Passed 3-14-11.)

1195.01 GENERAL REGULATIONS.

   The improvements required by these subdivision regulations shall conform to the City Standard Plans and Specifications and other applicable portions of the Codified Ordinances of the City, as may be subsequently amended. All site improvements shall be designed, furnished and installed by the Owner/Developer of the subdivision. The Owner/Developer shall be responsible for the costs of all tests required by the City Engineer to establish that the materials and methods utilized in construction of the improvements meets the requirements of the City Standard Plans and Specifications. Subdivisions shall be provided with the same improvements whether the streets are public or private, except in cases of unique conditions as may be approved by the Planning Commission.
(Ord. 27-11. Passed 3-14-11.)

1195.02 STREETS.

   (a)   Street Grading. No street grading shall be permitted until the final construction plans have been approved by the City Engineer and inspection fees have been paid. No street grading shall be commenced without a two (2) business day notice being given to the City Engineer.
   (b)   Street Subgrade. All streets shall be graded to their full width, including side slopes. No obstructions shall be placed or allowed to remain in the street right-of-way. The subgrade shall be free of sod and/or vegetative or organic matter. Soft clay and other unsuitable material shall be cleared to a depth as determined by the City Engineer. The subgrade shall be shaped and compacted subject to the requirements of the City Engineer, and no fill shall be placed until said subgrade has been inspected and approved.
   (c)   Pavement Application. No pavement shall be placed until the prepared subgrade has been inspected and approved by the City Engineer. The finish pavement course shall not be placed over the base course until a period of time as specified by the City Engineer has elapsed. All failures in the base course must be repaired prior to installation of the finish course.
   (d)   Street Signs. The Owner/Developer shall provide all traffic control, street name and parking signs at intersections and other locations as designated by the City. Such signs shall be purchased from the City. The City shall be responsible for the installation and maintenance of all such signs. (Ord. 27-11. Passed 3-14-11.)

1195.03 SANITARY SEWERS.

   (a)   Concrete Encasement. Concrete encasement shall be used when required for the sanitary sewer to withstand trench loadings, when rock is encountered in the trench bottom, when the cover is less than two-and-one-half (2 1/2) feet, or when such sewer line crosses a stream or watercourse with year-round flow. In those cases where a sanitary sewer crosses such a stream or watercourse, the encasement shall extend along the sewer ten (10) feet beyond the top of the bank on both sides.
   (b)   Testing. Leakage and deflection tests are required for all sanitary sewers except building sewers. Vacuum tests are required for all manholes.
   (c)   Private Sanitary Sewers. All private sanitary sewer laterals shall be six inches (6") minimum diameter PVC plastic conforming to ASTM D-3034 SDR 35 with flexible gaskets conforming to ASTM D-3212, unless otherwise specifically approved by the City Engineer. Before any building sewer, as defined in Chapter 911 of the Codified Ordinances, is constructed, a tap permit must be obtained from the City. Installation of building sewers shall conform to applicable regulations of the City. An "S" shall be stamped into the face of the curb at the location of any building sewer tap. (Ord. 27-11. Passed 3-14-11.)

1195.04 WATER SYSTEMS.

   (a)   Water Service Lines. Water service lines shall be installed consistent with Ten State Standards. All water service lines shall be Type K copper. All water service lines shall be protected from freezing and frost penetration, but in no case shall be installed less than forty-eight inches (48") below the ground or pavement surface. Water services shall be constructed after the street is rough graded and prior to the installation of paved surfaces and curbs. A "W" shall be stamped on the face of the curb at the location of any water service tap.
   (b)   Curb Boxes and Meter Pits. Curb boxes shall be located within the tree lawn not less than two feet (2') behind the back of the curb. All curb boxes shall be adjusted to the finished ground surface. The City Engineer may require an alternative location of curb boxes and/or meter pits. (Ord. 27-11. Passed 3-14-11.)

1195.05 CERTIFICATION OF IMPROVEMENTS.

   Upon the completion of construction, and prior to acceptance by the City, the Owner/Developer shall provide the City with a letter certifying that the construction is in conformance with the approved Construction Plans and the City Standard Plans and Specifications. Any and all changes made shall be shown on the as built plans and specifications, as required in Section 1191.02(k).
(Ord. 27-11. Passed 3-14-11.)

1195.06 RESPONSIBILITY AND LIABILITY DURING CONSTRUCTION.

   No streets or public improvements shall be the responsibility of any public entity prior to formal acceptance. Until such time as improvements have been approved and accepted, the Owner/Developer shall assume full responsibility and liability for all areas dedicated to the public, and improvements thereon. The Owner/Developer shall agree to indemnify and hold harmless the City of Chillicothe until such time as the improvements are accepted.
(Ord. 27-11. Passed 3-14-11.)

1197.01 GENERAL REGULATIONS.

   These regulations shall apply to all hillside areas, herein defined as areas where the average slope exceeds twelve percent (12%). The final determination as to whether a particular subdivision is subject to these requirements shall be made by the Planning Commission during the preliminary planning stage of subdivision design. If a subdivision is determined to be subject to hillside regulations, both the Planning Commission and City Engineer may require additional material, including but not limited to geologic conditions, soil types and underground water levels, in addition to that material specified in Chapter 1115, in order to determine compliance. New development in hillside areas shall maintain existing levels of slope stability and not increase the potential for slope failure.
(Ord. 27-11. Passed 3-14-11.)

1197.02 CUT AND FILL.

   Cut and fill slopes shall be designed, constructed and maintained in a manner that will maximize stability and minimize erosion. No land shall be graded, cut or filled so as to create a slope exceeding a vertical rise of one (1) foot for each two and one half (2 ½) feet of horizontal distance between abutting lots or adjoining tracts of land, unless a retaining wall of sufficient height and thickness is provided to prevent slides and erosion.
(Ord. 27-11. Passed 3-14-11.)

1197.03 RETAINING WALLS.

   Retaining walls may be required whenever topographic conditions warrant or where necessary to retain fill or cut slopes within street rights-of-way.
(Ord. 27-11. Passed 3-14-11.)

1197.04 STREETS.

   Final grades on all streets shall be as determined by the City Engineer on a case-by-case basis, but in no case shall the slope of any street exceed twenty percent (20%). All fill used on streets shall be compacted in accordance with Ohio Department of Transportation Specifications and the City Standard Plans and Specifications.
(Ord. 27-11. Passed 3-14-11.)

1197.05 DRIVEWAYS.

   The maximum grade on that portion of any driveway within a public right-of-way in a hillside subdivision shall not exceed sixteen percent (16%). Driveways shall provide sufficient space and distance to turn around prior to entering the street if so required by the City Engineer. Driveways shall be designed and constructed so as to drain into the curb and gutter and not directly onto the roadway surface or onto any lot.
(Ord. 27-11. Passed 3-14-11.)

1199.01 GENERAL REGULATIONS.

   If a proposed subdivision or development includes land that is zoned for commercial or industrial uses, the proposed subdivision or development shall be subject to the submittal and approval of a separate site plan by the Planning Commission. In reviewing such site plan, the Planning Commission shall have the authority to modify and/or reduce the requirements of this Ordinance when, on the basis of evidence submitted by the Owner/Developer, it is determined that such modification is warranted.
(Ord. 27-11. Passed 3-14-11.)

1199.02 STANDARDS.

   The Owner/Developer of a commercial or industrial subdivision shall provide evidence that the following standards shall be met, and the Planning Commission shall consider such evidence in evaluating the site development plan, as required in Section 1199.01:
   (a)   The proposed industrial or commercial parcels shall be suitable in area and dimensions to the types of industrial or commercial development proposed.
   (b)   Street rights-of-way and standards shall be adequate to accommodate the type and volume of traffic anticipated to be generated by the development.
   (c)   Accommodation shall be made for special requirements for street, curb, gutter and sidewalk design and construction, and installation of public utilities, including water, sewer and storm drainage.
   (d)   Adverse impacts to any adjacent residential areas are identified, and measures are employed to protect adjacent residential areas from such adverse impacts.
   (e)   Streets carrying nonresidential traffic shall not normally be extended to the boundaries of existing residential areas, or areas proposed for residential use in any land use or comprehensive plan for the City, as adopted by City Council.
      (Ord. 27-11. Passed 3-14-11.)