Dennison City Zoning Code
REQUIREMENTS FOR
CONSTRUCTION OF IMPROVEMENTS
§ 155.445 GENERAL STATEMENT OF APPLICATION.
All improvements required herein shall be constructed prior to securing the applicable signatures on the final approved plat or the subdividers shall furnish a performance guarantee for the estimated cost plus 10% of the installation of the required improvements to the appropriate agency. All improvements for streets, curbs and gutters, sidewalks, water systems, sanitary sewers, drainage and storm sewers shall be approved by the appropriate agencies or officials and meet the minimum standards of the village’s Public Works Improvements Design Manual.
(Ord. 2317, passed 12-21-2006)
§ 155.446 DETERMINATION OF REQUIRED IMPROVEMENTS.
The Planning Commission with the appropriate agencies and officials shall determine the type, size and amount of required improvements. This determination will be based upon the minimum criteria established by and available from the agencies as it relates to that required improvement.
(Ord. 2317, passed 12-21-2006)
§ 155.447 CONSTRUCTION PROCEDURE AND MATERIALS.
The minimum requirements for material and construction procedures shall be in conformance with the standards of the village’s Public Works Improvements Design Manual and with the requirements of the State Department of Health and State Environmental Protection Agency.
(Ord. 2317, passed 12-21-2006)
§ 155.448 CONSTRUCTION DRAWING APPROVAL.
Before any construction on required improvements is started, the construction drawings shall be approved by the responsible officials. The drawings shall be on file with the Planning Commission, the Village Council, and the Environmental Protection Agency where water and sanitary sewer main construction are involved. Construction drawings shall be drawn and signed by a registered engineer, including registration number, and shall be in accordance with the Planning Commission’s determination of required improvements.
(Ord. 2317, passed 12-21-2006)
§ 155.449 INSPECTION.
During construction and after completion of the required improvements, the subdivider shall request, in writing, the inspection of improvements by the responsible officials. Upon completion of all improvements, the subdivider shall request, in writing, a final inspection by the appropriate agency. All inspection fees and costs are charged to the developer.
(Ord. 2317, passed 12-21-2006)
§ 155.450 FEES AND PRECONSTRUCTION NOTIFICATION.
The subdivider shall pay to the appropriate agency a fee as prescribed by such agency to defray the costs of inspection, engineering services or other services in connection with inspection and supervision of the improvements required herein. The subdivider shall notify the responsible agency at least one week in advance of the start of construction work and the department inspection fee shall be paid prior to the start of such construction.
(Ord. 2317, passed 12-21-2006)
§ 155.451 STREET TREES.
Newly planted trees and shrubs or existing trees and shrubs within the existing or proposed street right-of-way shall not cause interference with underground utilities or visibility problems at intersections.
(Ord. 2317, passed 12-21-2006)
§ 155.452 MONUMENTS.
(A) On streets, reference iron pin monuments at least one-inch in diameter and 30 inches long shall be placed along the centerline of streets, at street intersections and at every point where there is a change in curvature or direction. Such monuments should be placed upon completion of street grading. At intersections of street centerlines, iron pin monuments, as specified above, shall be placed in iron pin boxes. References to street centerline intersections are sufficient until streets are improved.
(B) On lots, iron monuments one-half inch in diameter minimum and 30 inches long with appropriate identification caps shall be placed on all lot corners and at all points on property lines where there is a change in direction.
(C) On plat corners, stone or concrete reference monuments or iron pins set in concrete shall be used. These monuments shall be a minimum of six inches by 30 inches with suitable counterpoint and ferromagnetic centers.
(D) A registered surveyor shall certify the installation of iron pins, stone monuments and monument boxes.
(F) Written certification of the registered surveyor shall be submitted certifying the required monuments and pins are in place prior to requesting signatures on the final plat.
(Ord. 2317, passed 12-21-2006)
§ 155.453 REQUIRED DATA.
Construction plans of all proposed improvements, consisting of survey data, street and sewer plans, and profiles, typical cross-sections, specifications, estimates of costs, and other materials shall be submitted to the Planning Commission for an inspection as to general conformance with the requirements contained herein. The construction plans should be submitted in preliminary draft form at the time of submission for the preliminary plat and shall be submitted in final form at or before the time of submission of the final plat. After final approval, Mylar originals shall be submitted to the appropriate agency.
(Ord. 2317, passed 12-21-2006)
§ 155.454 SURVEY DATA.
A complete survey shall be made of all lands to be subdivided. The survey shall tie into the system of permanent civil monuments. All monuments, property lines, centerlines of street and right-of-way lines of alleys and easements adjoining or within the tract shall be tied into the survey.
(Ord. 2317, passed 12-21-2006)
§ 155.455 PLANS AND PROFILES.
(A) The subdivider shall submit on Mylar or reproducible material a plan, profile and typical cross-section for each proposed street in the subdivision. Water and sewer mains, with grades and pipe sizes, shall normally be shown on the same plan; however, the Planning Commission may require water and sewer mains to be shown on separate plan and profile sheets. A minimum scale of one inch equal to 50 feet for plans and one inch equal to five feet for profiles shall be maintained unless otherwise authorized by the Planning Commission, a sheet size of 24 inches by 36 inches drawn with reproducible ink or pencil shall be used.
(B) Plans shall show:
(1) Right-of-way lines of thoroughfares, streets, alleys and easements, and location of street and surface therein;
(2) Centerlines of thoroughfares, streets and easements;
(3) Data on the location, length, and bearings of all lines, including length of radii, arcs, tangents and curves. Central angles and street curves may be referred to a curve table;
(4) Location of storm and sanitary sewers and water mains, and items that pertain thereto, such as manholes, hydrants, valves and the like;
(5) All bearing lines shall be referred to established section lines, whenever possible; and
(6) All subsurface utilities, existing or proposed, shall be shown on the plans, whenever possible, and be in accordance with the Ohio Utilities Protection Service.
(C) Profile shall show:
(1) Centerline elevations, percent of grade, and location and length of vertical curves on all streets;
(2) Elevations shall be based on United States Geographic Survey Datum and permanent bench marks whenever possible; and
(3) At least one site bench mark referenced to the U.S.G.S. shall be shown on the plan/profile sheet.
(Ord. 2317, passed 12-21-2006)
§ 155.456 TYPICAL SECTIONS.
Typical street cross-sections or half-sections at a scale not smaller than one inch to five feet shall be required for all proposed streets and may be included on the plan and profile sheet. Typical sections shall show the following if required: width of roadway, type of subsurface and surface, type of curb and gutter, and location and width of sidewalk.
(Ord. 2317, passed 12-21-2006)
§ 155.457 TOPOGRAPHIC MAP.
(A) Generally, a topographic map shall be submitted with the improvement drawings showing the following data at a scale not less that one inch equal to 100 feet and shall ordinarily be required on all subdivisions of land.
(B) Contours:
(1) One-foot intervals where average slopes do not exceed 5%;
(2) Two-foot intervals where average slopes exceed 5% but do not exceed 15%, depending upon the roughness of the side and the corresponding interval considered necessary by the Planning Commission to describe the character of the land;
(3) Five-foot intervals where average slopes exceed 15%;
(3) Natural features. Existing buildings or structures, rock outcrops, high points, water courses, depressions, ponds, marshes, wooded areas and the boundary lines of the property; and
(4) Alteration of existing topography. Proposed changes in grade shall be shown on the contour map or on an accompanying sheet. Where changes in grade will affect adjoining property, such as diverting stormwater, the approval of the Planning Commission shall be required.
(Ord. 2317, passed 12-21-2006)
§ 155.458 IMPROVEMENT AND COST ESTIMATE INFORMATION.
Cost estimates for various materials, labor and the like necessary to complete all required improvements for the final plat shall be provided as requested.
(Ord. 2317, passed 12-21-2006)
§ 155.459 SPECIFICATIONS.
Materials and construction procedures shall be in conformance with the general provisions of the village. These material and construction procedures shall be shown on the specification drawings for all improvements.
(Ord. 2317, passed 12-21-2006)
§ 155.460 GUARANTEE FOR INSTALLATION OF IMPROVEMENTS.
(A) All required improvements should be completed prior to the granting of the final plat approval. Completed improvements shall be in accordance with an approved improvement plan and in accordance with the requirements of these regulations.
(B) When required improvements are not completed, the subdivider shall ensure their completion with a performance guarantee acceptable to the Planning Commission, the Village Council and the appropriate officials before the final plat may be approved. All improvements shall be completed within a one-year period from the date of final plan approval. Otherwise, the appropriate official will take the necessary steps to complete or correct the improvements using the performance guarantee.
(C) Extensions to the completion deadline may be granted by the Zoning Administrator, Planning Commission or Village Council, if necessary
(D) Once the improvements have been completed, a one-year period of time must pass before the improvements will be accepted. A sufficient amount of funds will be retained during the warranty period to ensure any required repairs can be undertaken.
(Ord. 2317, passed 12-21-2006)
§ 155.461 TYPES OF PERFORMANCE GUARANTEES.
To guarantee the construction or maintenance of required improvements prior to the approval and recording of the final plat, the subdivider may be required to provide a performance guarantee in one or a combination of the following arrangements.
(A) Performance bond. The subdivider may post a bond executed by a surety company equal to the estimated cost plus 10% of the required improvements. The bond shall be in favor of the Village Council. The bond shall guarantee construction of the improvements according to the plans and specifications approved by the Planning Commission and the responsible public officials. The term of the bond shall not exceed one year, except the Planning Commission, Village Council or Zoning Administrator grant an extension where due cause can be shown.
(B) Deposit. The subdivider may make a deposit with a responsible escrow agent or with a trust company. The deposit shall be money or negotiable bonds in an amount equal to the estimated cost plus 10% of the required improvements. If a cash deposit is made, an agreement may be executed to provide payments to the contractor or the subdivider from the deposit as the work progresses and is approved by the responsible officials.
(C) Escrow agreements. Where escrow agreements for the proposed improvements are proposed for the estimated cost plus 10%, they will constitute sufficient guarantee for the installation of required improvements in lieu of other methods stated above. An escrow agreement form is available from the appropriate agency involved and must be used.
(D) Failure of subdivider to complete improvements. In case the subdivider shall fail to complete the required improvements work within such time period as required by the conditions or guarantees as outlined above, the Planning Commission and Village Council may proceed to have such work completed and reimburse the village for the cost thereof by appropriating the cash deposit, certified check, surety bond, or escrow account, or shall take the necessary steps to require performance by the bonding company.
(Ord. 2317, passed 12-21-2006)
§ 155.462 PROGRESSIVE INSTALLATION.
After the preliminary plat of a proposed subdivision has been approved by the Planning Commission, the subdivider may improve a part or the entire area and submit a final plat for that improved portion to the Planning Commission for approval. The subdivider may make the necessary arrangements for the completion of the improvements as provided in §§ 155.460 and 155.461 of this subchapter and submit a final plat for that position to the Planning Commission for approval.
(Ord. 2317, passed 12-21-2006)
§ 155.463 ACCEPTANCE OF STREETS AND OTHER IMPROVEMENTS FOR USE AND MAINTENANCE BY PUBLIC.
(A) The subdivider shall properly construct and shall be responsible for making repairs and alterations to provide that improvements are in good condition at the time the subdivider requests their acceptance by the Village Council.
(B) The acceptance of improvements for use and maintenance by the public shall be subject to satisfactory compliance with the following requirements:
(1) Inspection and approval of all improvements by the responsible officials, with notification by those agencies to the Planning Commission and Village Council in writing when the construction of the improvements has been satisfactorily completed;
(2) When the required improvement construction is completed and all required written approvals regarding same have been granted and received by the Planning Commission and Village Council, the subdivider shall place a certificate on the final plat indicating the acceptance by Village Council of the improvement (including the improvements constructed therein) for use and maintenance by the public; and
(3) When the required improvement construction is not completed, or written approvals of completed construction have not been received by the Planning Commission and Village Council prior to submittal of the final plat for approval, the Planning Commission shall, if it approves the plat, notify Village Council when the construction of all required streets and other required improvements in a specific plat has been satisfactorily completed, giving a description of the improvement, and the Village Council shall thereupon adopt a resolution or ordinance accepting such improvement (which shall include the improvements constructed therein) for a use and maintenance by the public; however, such acceptance shall be dated one year from the date of the resolution or ordinance and the subdivider shall keep such improvements in a satisfactory state maintenance, otherwise such acceptance shall be voided. Where the improvement is to be publicly-owned, transfer of the improvement, in a manner acceptable to Village Council, shall occur.
(Ord. 2317, passed 12-21-2006)
§ 155.999 PENALTY.
Any person, firm or corporation violating any regulation thereto shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than $100 each and every day during which such illegal location, erection, construction, reconstruction, enlargement, change, maintenance or use continues shall be deemed a separate offense.
(Ord. 2052, passed 9-3-1998; Ord. 2317, passed 12-21-2006)