These regulations shall be known and may be cited and referred to as the "Subdivision Regulations for the City of Huber Heights, Ohio", and shall hereinafter be referred to as "these regulations".

(Ord. 83-O-124, Passed 7-11-83)

These rules and regulations are adopted to secure and provide for:

(a)

The proper arrangement of streets or highways in relation to existing or planned streets or highways, or to the Official Thoroughfare Plan;

(b)

Adequate and convenient open spaces for vehicular and pedestrian traffic, utilities, access of fire fighting apparatus, recreation, light and air;

(c)

The avoidance of congestion of population;

(d)

The orderly and efficient layout and the appropriate use of the land; and

(e)

The accurate surveying of land, preparing and recording of plats and the equitable handling of all subdivision plats by providing uniform procedures and standards for observance by both the approving authority and subdividers.

(Ord. 83-O-124, Passed 7-11-83)

Ohio R.C. Chapter 711 provides for the legislative body and Planning Commission of a municipal corporation to adopt regulations governing plats and subdivisions of land within such a jurisdiction. By adopting a plan for major streets and highways within the City, Council has complied with the statutory requirement for reviewing and approving plats and subdivisions.

(Ord. 83-O-124, Passed 7-11-83)

These regulations shall be administered by the Planning Commission.

(Ord. 83-O-124, Passed 7-11-83)

These regulations shall be applicable to all subdivisions of land within the incorporated area of the City and land within three miles of the City as provided in the Ohio Revised Code. The Planning Commission shall have the power of final approval of the plats.

(Ord. 83-O-124, Passed 7-11-83)

The provisions of these regulations shall supplement any and all laws of the State of Ohio. Whenever the requirements of these regulations are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances or resolutions, the most restrictive or that imposing the higher standards shall govern.

(Ord. 83-O-124, Passed 7-11-83)

Either the City Planning Commission, Council or the City staff may initiate a case to amend these Subdivision Regulations. Any such case initiated shall be first reviewed by the City Planning Commission at a public hearing. Notice shall be given of the time and place of such public hearing by publication in at least one newspaper of general circulation published in the City ten days prior to the holding of such hearing. After the public hearing, the Commission shall forward on an advisory recommendation on the proposed amendment(s) to Council which shall hold its own public hearing on the case. The same notice provisions shall hold for such public hearing as required for the public hearing held before the Commission. At the end of the public hearing, Council shall render a final decision on the disposition of the proposed amendment(s).

(Ord. 95-O-791, Passed 5-8-95)

If for any reason any clause, sentence, paragraph, section or other part of these regulations should be decided by a court of competent jurisdiction to be invalid, such judgment shall not affect the validity of these regulations as a whole, or any part thereof, other than the part so held to be invalid.

(Ord. 83-O-124, Passed 7-11-83)

The Planning Commission may cooperate with any municipality in the review of subdivision plats occurring in lands adjoining the corporation line of such municipality or within a reasonable distance of same. The Commission may, as a condition for such cooperation, and in order to carry out the regulations more effectively, seek an agreement with any municipality.

(Ord. 83-O-124, Passed 7-11-83)

These regulations as amended shall become effective from and after the date of its approval and adoption by the Planning Commission and Council after public hearing and certification to the Montgomery County Recorder. Henceforth any other regulations previously adopted by Council or the Planning Commission shall be deemed to be repealed. These regulations shall in no way affect any subdivision having received preliminary approval prior to the effective date provided, however, that no changes to the preliminary plat, as approved, are introduced by the subdivider.

(Ord. 83-O-124, Passed 7-11-83)

For the purpose of these regulations, certain terms or words used herein shall be interpreted as follows:

(a)

The word "person" includes a firm, association, organization, partnership, trust, company or corporation as well as an individual.

(b)

The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular.

(c)

The word "shall" is a mandatory requirement, the word "may" is a permissive requirement, and the word "should" is a preferred requirement.

(d)

The words "used" or "occupied" include the words "intended, designed or arranged to be used or occupied".

(e)

The word "lot" includes the words "plot" or "parcel".

(Ord. 83-O-124, Passed 7-11-83)

Agricultural soils, prime means those soils which are best suited for the production of food, fiber and other crops. These soils have been determined to be based upon average yields per acre of principal crops and the capability grouping of each soil type. Prime soils fall within capability Class I and II as they are described in the Soil Survey of Montgomery County, Ohio published by the United States Department of Agriculture, Soil Conservation Service, issued June, 1976.

(Ord. 83-O-124, Passed 7-11-83)

See Section 1103.54(a).

(Ord. 83-O-124, Passed 7-11-83)

Block means a parcel of land bounded on all sides by a street or streets.

(Ord. 83-O-124, Passed 7-11-83)

Building setback line means a line parallel to the street right-of-way line at any story level of a building and representing the distance which all or any part of the building is to be set back from such right-of-way.

(Ord. 83-O-124, Passed 7-11-83)

Comprehensive development plan means a plan, or any portion thereof, adopted by the Planning Commission and the legislative authority of the City, showing the general location and extent of present and proposed physical facilities including housing, industrial and commercial uses, major thoroughfares, parks, schools, and other community facilities. This plan establishes the goals, objectives, and policies of the community.

(Ord. 83-O-124, Passed 7-11-83)

See Section 1103.22.

(Ord. 83-O-124, Passed 7-11-83)

Covenant means a written promise or pledge.

(Ord. 83-O-124, Passed 7-11-83)

Crosswalk means a specially paved or marked path for pedestrians crossing a street or road.

(Ord. 83-O-124, Passed 7-11-83)

See Section 1103.54(d).

(Ord. 83-O-124, Passed 7-11-83)

Culvert means a transverse drain that channels under a bridge, street or driveway.

(Ord. 83-O-124, Passed 7-11-83)

See Section 1103.54(e).

(Ord. 83-O-124, Passed 7-11-83)

Density means the number of dwelling units per acre of land.

(Ord. 83-O-124, Passed 7-11-83)

Developer means any individual, subdivider, firm, association, syndicate, partnership, corporation, trust or any other legal entity commencing proceedings under these regulations to effect a subdivision of land hereunder for himself or for another.

(Ord. 83-O-124, Passed 7-11-83)

Dwelling means any building or portion thereof occupied or intended to be occupied exclusively for residential purposes, but not including a tent, cabin, trailer or trailer coach or other temporary or transient structure or facility.

(a)

Single family means a building occupied or constructed to be occupied exclusively for residential purposes by one family or housekeeping unit.

(b)

Two family means a building occupied or constructed to be occupied exclusively and separately by not more than two families or housekeeping units.

(c)

Multiple means a building or portion thereof occupied or constructed to be occupied separately by more than two families or housekeeping units.

(Ord. 83-O-124, Passed 7-11-83)

Dwelling units means one room, or a suite of two or more rooms, designed for or used by one family or housekeeping unit for living and sleeping purposes and which includes permanently installed cooking and lawfully required sanitary facilities.

(Ord. 83-O-124, Passed 7-11-83)

Easement means authorization by a property owner for use by another, and for a specified purpose, of any designated part of his property.

(Ord. 83-O-124, Passed 7-11-83)

Engineer means any person registered to practice professional engineering by the State Board of Registration as specified in Ohio R.C. 4733.14.

(Ord. 83-O-124, Passed 7-11-83)

Highway Director means the Director of the Ohio Department of Highways.

(Ord. 83-O-124, Passed 7-11-83)

Improvements means street pavement or resurfacing, curbs, gutters, sidewalks, water lines, sewer lines, storm drains, street lights, flood control and drainage facilities, utility lines, landscaping and other related matters normally associated with the development of raw land into building sites.

(Ord. 83-O-124, Passed 7-11-83)

See Section 1103.56.

(Ord. 83-O-124, Passed 7-11-83)

Lot means a tract, or parcel of land occupied or intended to be occupied by a principal building or a group of such buildings and any accessory buildings and uses, including all open spaces required by the Zoning Ordinance, and having frontage on an improved public street unless otherwise provided by the Zoning Ordinance.

(Ord. 83-O-124, Passed 7-11-83)

Lot area means the computed area contained within the lot lines.

(Ord. 83-O-124, Passed 7-11-83)

Lot coverage means that percentage of a lot which, when viewed directly from above, would be covered by a structure or structures, or any part thereof, excluding projecting roof eaves.

(Ord. 83-O-124, Passed 7-11-83)

Lot depth means the mean distance between front and rear lot lines.

(Ord. 83-O-124, Passed 7-11-83)

Lot, front means that boundary of the lot which abuts on a street. In the case of a corner lot, the narrowest boundary fronting on a street. In case the corner lot has equal frontage on two or more streets, the lot shall be considered to front on the principal street, or on that street which the greatest number of buildings have been erected within the same block. In the case of cul-de-sac lots, the lot front means the distance between the side lot lines measured by a line drawn parallel with the front lot line at the point of the required minimum setback from front lot line.

(Ord. 83-O-124, Passed 7-11-83)

Lot, interior means a lot other than a corner lot.

(Ord. 83-O-124, Passed 7-11-83)

Lot line means:

(a)

Front means the line separating the lot from a street.

(b)

Rear means the boundary opposite the most distant from the front lot line. The rear lot line of any irregular or triangular lot shall be a line not less than 20 feet lying wholly within the lot and parallel to and most distant from the front lot line.

(c)

Side means any lot line other than a front or rear lot line.

(Ord. 83-O-124, Passed 7-11-83)

Lot of record means a lot which is part of a subdivision, the plot of which has been recorded in the office of the Recorder of Montgomery County; or a parcel of land, the deed to which was of record as of the effective date of the Zoning Ordinance or of these regulations.

(Ord. 83-O-124, Passed 7-11-83)

Minor subdivision; lot split means a division of a parcel of land that does not require a plat to be approved by a planning authority according to Ohio R.C. 711.131 and of Section 1107.12.

(Ord. 83-O-124, Passed 7-11-83)

Monuments means permanent concrete or iron markers used to establish definitely all lines of the plat of a subdivision, including all lot corners, boundary line corners and points of change in street alignment.

(Ord. 83-O-124, Passed 7-11-83)

Official Thoroughfare Plan means the Official Thoroughfare Plan for the City establishing the official right-of-way width of major streets, on file in the office of the Recorder of Montgomery County, Ohio, and in the office of the Planning Commission, together with all amendments thereto subsequently adopted.

(Ord. 83-O-124, Passed 7-11-83)

Open space means an area open to the sky which may be on the same lot with a building. The area may include, along with the natural environmental features, swimming pools, tennis courts or any other recreational facilities that the Planning Commission deems permissive. Streets, structures for habitation and the like shall not be included.

(Ord. 83-O-124, Passed 7-11-83)

Pad means a building site prepared by artificial means including, but not limited to, grading, excavation or filling, or any combination thereof.

(Ord. 83-O-124, Passed 7-11-83)

Parking garage means a building or structure wholly devoted to the parking of motor vehicles, and where a charge is made for storage or parking of vehicles.

(Ord. 83-O-124, Passed 7-11-83)

Parking lot means a parcel of land devoted to unenclosed parking spaces which may include partially enclosed one story buildings, and where a charge is made for storage or parking of vehicles.

(Ord. 83-O-124, Passed 7-11-83)

Parking space means a permanent surfaced area within or outside of a building, sufficient in size to store one standard model automobile, and with an area of not less than 180 square feet exclusive of driveways or access drives.

(Ord. 83-O-124, Passed 7-11-83)

(a)

Subdividers agreement means an agreement by a subdivider or developer with the City for the amount of estimated construction cost guaranteeing the completion of physical improvements, according to plans and specifications within the time prescribed by the subdivider's agreement and requiring compliance with all applicable provisions of these Subdivision Regulations.

(b)

Performance bond; maintenance and guarantee bond; irrevocable letter of credit (all also referred to in text as surety):

(1)

Performance bond means an undertaking between a surety licensed to act as such in the State of Ohio, acceptable to the City, and the subdivider or developer, for the benefit of the City, which undertaking guarantees that the subdivider or developer shall fully perform and pay for all of its obligations under the Subdivider's Agreement.

(2)

Maintenance and guarantee bond means an undertaking between a surety licensed to act as such in the State of Ohio, acceptable to the City, and the subdivider or developer, for the benefit of the City, which undertaking guarantees that the subdivider or developer shall maintain and pay for the maintenance of the physical improvements provided for in the Subdivider's Agreement and warranting against all defects in workmanship or materials for the period provided for in the Subdivider's Agreement.

(3)

Irrevocable letter of credit means an undertaking by a federally chartered national bank maintaining at least one office in Montgomery County, Ohio, substituting its financial strength for that of the subdivider or developer, for the benefit of the City, agreeing to pay the amount of money stated therein to the City upon presentation and demand by it accompanied by an affidavit by an officer of the City that the subdivider or developer is in default under any provision of the Subdivider's Agreement. Such irrevocable letter of credit shall be freely assignable by the City to any other governmental body and shall be completely irrevocable during its terms. An "irrevocable letter of credit" may be presented to the City in lieu of a "performance bond" or a "maintenance and guarantee bond".

(4)

All performance bonds,maintenance and guarantee bonds and irrevocable letters of credit shall be subject to approval by the City, prior to acceptance, and subject to approval as to form by the City Attorney prior to acceptance. The forms of surety attached to original Ordinance 87-O-245 as Exhibit "A" and incorporated herein, are hereby deemed to be acceptable forms.

(Ord. 87-O-245, Passed 6-1-87)

Editor's note— Ord. No.2023-O-2594, § 1, adopted July 24, 2023, repealed § 1103.39, which pertained to "person" and derived from Ord. 83-O-124, Passed July 11, 1983.

Planned unit development means:

(a)

Land under unified control, planned and developed as a whole; and

(b)

In a single development operation or a definitely programmed series of development operations including all lands and buildings; and

(c)

According to comprehensive and detailed plans which include not only streets, utilities, lots or building sites and the like, but also site plans and design principles for all buildings as intended to be located, constructed, used and related to each other; and detailed plans for other uses and improvements on the land as related to buildings; and

(d)

With a program for provision, operation and maintenance of such areas, improvements and facilities necessary for common use by some or all of the occupants of the development, but which will not be provided, operated or maintained at general public expense.

(Ord. 83-O-124, Passed 7-11-83)

Planning Commission means the Planning Commission of the City of Huber Heights, Ohio.

(Ord. 83-O-124, Passed 7-11-83)

Plat means the map, drawing or chart on which the developer's plan of subdivision is presented to the City Planning Commission for approval and, after such approval, to the County Recorder for recording.

(Ord. 83-O-124, Passed 7-11-83)

Public way means an alley, avenue, boulevard, bridge, channel, ditch, easement, expressway, freeway, highway, land, parkway, right-of-way, road, sidewalk, street, subway, tunnel, viaduct, walk or other ways in which the general public or a public entity have a right, or which are dedicated, whether improved or not.

(Ord. 83-O-124, Passed 7-11-83)

Right-of-way means a strip of land taken or dedicated for use as a public way. In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks, lighting and drainage facilities, and may include special features (required by the topography of treatment) such as grade separation, landscaped areas, viaducts and bridges.

(Ord. 83-O-124, Passed 7-11-83)

Sanitary sewers, central or group means an approved sewage disposal system which provides a collection network and disposal system and central sewage treatment facility for a single development, community or region.

(Ord. 83-O-124, Passed 7-11-83)

Sanitary sewers, on-site means a septic tank or similar installation on an individual lot which utilizes an aerobic bacteriological process or equally satisfactory process for the elimination of sewage and provides for the proper and safe disposal of the effluent, subject to the approval of health and sanitation officials having jurisdiction.

(Ord. 83-O-124, Passed 7-11-83)

Sidewalk means that portion of the road right-of-way outside the roadway, which is improved for the use of pedestrian traffic. (See Section 1103.57)

(Ord. 83-O-124, Passed 7-11-83)

Storm sewers(storm drain) means a sewer that carries storm water and surface water, street wash and other wash waters, or drainage, but excludes domestic waste water and industrial wastes.

(Ord. 83-O-124, Passed 7-11-83)

See Section 1103.14.

(Ord. 83-O-124, Passed 7-11-83)

Subdivision means:

(a)

The division of any parcel of land shown as a unit or as contiguous units on the last preceding tax roll, into two or more parcels, sites or lots any one of which is less than five acres for the purpose, whether immediate or future, of transfer of ownership, provided, however, that the division or partition of land into parcels of more than five acres not involving any new streets or easements 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 be exempted; or

(b)

The improvement of one or more parcels of land for residential, commercial or industrial structures or groups of structures involving the division or allocation of land for the opening, widening or extension of any street or streets except private streets serving industrial structures; the division or allocation of land as open spaces for common use by owners, occupants, or lease holders, or as easements for the extension and maintenance of public sewer, water, storm drainage or other public facilities.

(Ord. 83-O-124, Passed 7-11-83)

See Section 1103.38.

(Ord. 83-O-124, Passed 7-11-83)

Surveyor means a registered land surveyor in the State of Ohio.

(Ord. 83-O-124, Passed 7-11-83)

Terrain classification means terrain within the entire area of the preliminary plat is classified as level, rolling, hilly or hillside for street design purposes. The classifications are as follows:

(a)

Level means that land which has a cross slope range of four percent or less.

(b)

Rolling means that land which has a cross slope range of more than four percent but not more than eight percent.

(c)

Hilly means that land which has a cross slope of more than 15 percent.

(Ord. 83-O-124, Passed 7-11-83)

Thoroughfare,street or road means the full width between property lines bounding every public way of whatever nature, with a part thereof to be used for vehicular traffic and designated as follows:

(a)

Alley means a minor street used primarily for vehicular service access to the back or side of properties abutting on another street.

(b)

Arterial street means a general term denoting a highway primarily for through traffic, carrying heavy loads and large volumes of traffic, usually on a continuous route.

(c)

Collector street means a thoroughfare, whether within a residential, industrial, commercial, or other type of development, which primarily carries traffic from local streets to arterial streets, including the principal entrance and circulation routes within residential subdivisions.

(d)

Cul-de-sac means a local street of relatively short length with one end open to traffic and the other end terminating in a vehicular turnaround.

(e)

Dead-end street means a street temporarily having only one outlet for vehicular traffic and intended to be extended or continued in the future.

(f)

Local street means a street primarily for providing access to residential, commercial or other abutting property.

(g)

Loop street means a type of local street, each end of which terminates at an intersection with the same arterial or collector street, and whose principle radius points of the 180 degree system of turns are not more than 1,000 feet from such arterial or collector street, nor normally more than 600 feet from each other.

(h)

Marginal access street means a local or collector street, parallel and adjacent to an arterial or collector street providing access to abutting properties and protection from arterial or collector streets. (Also called Frontage Street)

(i)

Private street means a street that is not dedicated to the City. Private streets shall be constructed to the same standards and specifications as are required for public streets.

(j)

Public access easements means an easement over private property granting to the general public the right of access, and authorizing the City to regulate traffic and enforce maintenance thereon for the purpose of protecting the public health, safety and general welfare. These easements shall be constructed to the same standards and specifications as are required for public streets.

(Ord. 83-O-124, Passed 7-11-83; Ord. No. 2023-O-2594, § 2, Passed 7-24-23)

See Section 1117.05.

(Ord. 83-O-124, Passed 7-11-83)

Vicinity map means a drawing located on the plat which sets forth by dimensions or other means, the relationship of the proposed subdivision or use to other nearby developments or landmarks and community facilities and services within the area to better locate and orient the area in question.

(Ord. 83-O-124, Passed 7-11-83)

Walkway means a dedicated public way at least ten feet in width containing a paved walk at least four feet in width, used to connect two streets or a street with a park, school or other public facility.

(Ord. 83-O-124, Passed 7-11-83)

Yard means any unoccupied area of a lot, open and unobstructed from the ground to the sky.

(a)

Yard, front means an open space extending the full width of the lot and of a uniform depth measured horizontally between the front line and the foundation of the building.

(b)

Yard, rear means a yard extending across the full width of the lot measured between the rear lot line and the foundation wall of the building.

(c)

Yard, side means a yard extending from the front yard to the rear yard and measured from the side lot line to the foundation wall of the building.

(Ord. 83-O-124, Passed 7-11-83)

(a)

Prior to the preparation of the preliminary plat, the subdivider should seek the assistance of the City Planning Commission in order that he may become familiar with the subdivision requirements and with the proposals of the Official Thoroughfare Plan for the City, affecting the territory in which the proposed subdivision is located.

(b)

The purpose of the preliminary plat is to show, on a map, all the facts which may enable the Commission to determine whether the proposed layout of the land is satisfactory from the standpoint of public interest. The plat shall be prepared by a registered surveyor or engineer and shall conform to the "Minimum Standards for Boundary Surveys in the State of Ohio".

(Ord. 83-O-124, Passed 7-11-83)

Before any plat is approved affecting any land within 300 feet of the centerline of a proposed new highway or a highway for which changes are proposed as described in the certification to local officials by the State Highway Director of any land within a radius of 500 feet from the point of intersection of such centerline with any public road or highway, the City Planning Commission shall give notice by registered or certified mail to the Highway Director. The Commission shall not approve the plat for 120 days from the date the notice is received by the Highway Director. If the Highway Director notifies the Commission that he shall proceed to acquire the land needed, then the Commission shall refuse to approve the plat. If the Highway Director notifies the Commission that acquisition at this time is not in the public interest or upon the expiration of the 120 day period or any extension thereof agreed upon by the Highway Director and the property owner, the Commission shall, if the plat is in conformance with all provisions of these regulations, approve the plat.

(Ord. 83-O-124, Passed 7-11-83)

An application on prescribed forms for the approval of the preliminary plat, together with the required copies of the preliminary plat and the supplementary information, shall be submitted to the City Planning Commission with the appropriate filing fee. The number of copies and amount of the fee are stated in the Administrative Rules and Regulations.

(Ord. 83-O-124, Passed 7-11-83)

The preliminary plat shall be drawn at a scale not less than 100 feet to the inch.

(Ord. 83-O-124, Passed 7-11-83)

The preliminary plat shall contain the following information:

(a)

Proposed name of the subdivision, which shall neither duplicate nor closely approximate the name of any other subdivision in the County;

(b)

Location by section, township, range or other surveys;

(c)

Names, addresses and phone numbers of the owner, subdivider and professional engineer and registered surveyor who prepared the plat, and appropriate registration numbers and seals;

(d)

Date of survey;

(e)

Scale of the plat, north point;

(f)

Boundaries of the subdivision and its acreage;

(g)

Names of adjacent subdivisions, owners of adjoining parcels of unsubdivided land and the location of their boundary lines;

(h)

Locations, widths and names of existing streets, railroad right-of-way, easements, parks, permanent buildings, and corporation and township lines; location of wooded areas and other significant topographic and natural features within and adjacent to the plat for a minimum distance of 200 feet;

(i)

Locations, names and widths of proposed streets and easements, and a street lighting plan, if any;

(j)

Zoning classification of the tract and adjoining properties and a description of proposed zoning changes, if any;

(k)

Existing contours at two foot intervals for predominant ground slopes within the subdivision between level and ten percent grade and five foot intervals for predominate ground slopes within the subdivision over ten percent grade;

(l)

Existing sewers, water lines, culverts and other underground structures, and power transmission poles and lines, within and adjacent to the tract;

(m)

Building setback lines with dimensions;

(n)

Location and dimensions of all existing and proposed utility and sewer lines, showing their connections with the existing system;

(o)

All thoroughfares as shown on the Official Thoroughfare Plan wherever they traverse the plat;

(p)

Layout, numbers and approximate dimensions of each lot. When a lot is located on a curved street or when side lot lines are not at 90 degree angles, the width at the building setback line shall be shown;

(q)

Parcels of land in acres to be reserved for public use or to be reserved by covenant for residents of the subdivision;

(r)

A vicinity map at a scale of not less than 1,000 feet to the inch shall be shown on, or accompany, the preliminary plat. This map shall show all existing thoroughfares, streets and woods; and

(s)

A supplemental sheet containing the following:

(1)

Any anticipated exceptions to the subdivision design standards;

(2)

Sight distance from the intersection of any new road with an existing road; and

(3)

A statement of which of the following drainage philosophies is to be used:

A.

The rate of post development runoff less than or equal to the rate of predevelopment runoff. In this case reference shall be made as to how the drainage structures (retention basin, infiltration beds, etc.), if any, are to be maintained, that is, Homeowners Association, ditch petition, park district, etc.

B.

The rate of post development runoff greater than the rate of predevelopment runoff. In this case a statement shall be included to indicate whether or not any down stream improvement to increase capacity, prevent erosion, etc., are anticipated.

(Ord. 83-O-124, Passed 7-11-83)

The following information shall be supplied in addition to the requirements in Section 1105.05:

(a)

Statement of proposed use of lots, giving type and number of dwelling units and type of business or industry;

(b)

Location and approximate dimensions of all existing buildings;

(c)

For commercial and industrial development, the location, dimensions and approximate grade of proposed parking and loading areas, alleys, walkways, streets and the points of vehicular ingress and egress to the development;

(d)

Description of proposed covenants and restrictions;

(e)

In a letter accompanying the request for approval of the preliminary plat, the subdivider shall state the type of sewage disposal he proposes to use; and

(f)

Flood prone areas:

(1)

Regional flood elevations and boundaries of flood prone areas as defined in Section 1113.02 including floodways if known. Base flood elevation data shall be provided for subdivision proposals and other proposed development which contain at least 50 lots or five acres (whichever is less);

(2)

Layout of and elevation of proposed roads, alleys and public crosswalks, and widths noted; road grades and cross sections;

(3)

Preliminary plan of onsite waste disposal systems or sanitary sewers with grade pipe size and points of discharge; and

(4)

Proposed fill or other structure elevating techniques, levees, channel modifications, seawalls and other methods to overcome flood or erosion-related hazards.

(Ord. 83-O-124, Passed 7-11-83)

The preliminary plat shall be considered officially filed after it is examined by the City Planning Commission or its designated representative, and is found to be in full compliance with these regulations.

(Ord. 83-O-124, Passed 7-11-83)

The City Planning Commission on its own initiative prior to acting on a preliminary plat of a subdivision, may hold a public hearing thereon at such time and upon such notice as the Commission may designate.

(Ord. 83-O-124, Passed 7-11-83)

The City Planning Commission shall forward copies of the preliminary plat to such officials and agencies as may be necessary for the purpose of study and recommendation. After receipt of reports from such officials and agencies, the Commission shall determine whether the preliminary plat shall be approved, approved with modifications or disapproved. If a plat is disapproved, the reasons for such disapproval shall be stated in writing. The Commission shall act on the preliminary plat within 30 days after filing unless such time is extended by agreement with the subdivider. Approval of the preliminary plat shall be conditional upon compliance with all other applicable statutes and ordinances of the City.

(Ord. 83-O-124, Passed 7-11-83)

The approval of the preliminary plat shall be effective for a maximum period of 12 months unless the final approval of the first section has been obtained.

(Ord. 83-O-124, Passed 7-11-83)

The subdivider, having received approval of the preliminary plat of the proposed subdivision, shall submit a final plat of the subdivision and drawings and specifications of the improvements required therein. The final plat shall have incorporated all changes in the preliminary plat required by the Planning Commission. Otherwise, it shall conform to the preliminary plat, and it may constitute only that portion of the approved preliminary plat which the subdivider proposes to record and develop at the time. The final plat and the supplementary information shall be prepared by a qualified registered engineer or surveyor and shall conform to the minimum standards for boundary surveys in the State of Ohio.

(Ord. 83-O-124, Passed 7-11-83)

An application for approval for the final plat, using the forms provided, together with copies of the plat as specified, the supplementary information, and the appropriate filing fee shall be submitted to the Planning Commission. The number of copies and the amount of the fee are stated in the Administrative Rules and Regulations.

(Ord. 83-O-124, Passed 7-11-83)

The following rules apply to subdivision improvements and performance guarantees:

(a)

The final plat drawings and specifications of improvements shall be a set of construction drawings, general block grading plans and utility plans prepared by a registered professional engineer licensed to practice in the State of Ohio.

(b)

The plans shall indicate typical sections, plans and profile views, construction details and estimates of quantities. All typical sections and major engineering details to be used on any particular street shall be approved in advance by the Director of Public Safety and Service, or his designee, before completion of the plans.

(c)

Prior to the granting of approval of the final plan, the subdivider shall have installed the minimum required improvements, or shall have furnished a surety for the amount of the estimated construction cost of the ultimate installation.

(d)

Before the surety is accepted, it shall be approved by Council.

(e)

The improvements shall be constructed within a reasonable time as determined by the Director of Public Safety and Service or his designee, but not to exceed two years. If not developed within two years, an extension may be granted for a period of up to one additional year by the Director of Public Safety and Service, or his designee.

(f)

All required subdivision improvements shall be maintained in a satisfactory condition by the subdivider during any interim period between this construction and final approval and acceptance of the subdivision by the City.

(g)

Council may release not more than 90 percent of the amount of the surety upon the completion of a portion of the subdivision improvements prior to final acceptance of the subdivision. The amount of remaining surety is to be negotiated and is contingent upon the amount and quality of installed improvements.

(h)

Final approval by Council shall be conditioned upon the subdivider's providing to the City, in form acceptable to the City Attorney, a maintenance and guarantee bond or irrevocable letter of credit in an amount acceptable to the Director of Public Safety and Service or his designee, guaranteeing maintenance and repair of the improvements warranting same for a period of one year from the date of final approval (two years in the case of water main work).

(Ord. 83-O-124, Passed 7-11-83; Ord. 87-O-245, Passed 6-1-87)

The final plat shall be legibly drawn in waterproof ink on tracing cloth or other material of equal permanence. It shall be drawn at a scale not less than 100 feet to the inch, and shall be one or more sheets 24 by 36 inches in size. If more than one sheet is needed, each sheet shall be numbered and the relation of one sheet to another clearly shown.

(Ord. 83-O-124, Passed 7-11-83)

The final plat shall contain the following information:

(a)

Name of the subdivision, location by section, township, range or by other survey number; date, north point, scale and acreage to hundredths of acre, and deed book and page reference;

(b)

Name and address of the subdividers, and the registered professional engineer and/or registered surveyor who prepared the plat along with appropriate registration numbers and seals;

(c)

Plat boundaries, based on accurate traverse, with angular and lineal dimensions. All dimensions, both lineal and angular shall be determined by an accurate control survey in the field which shall conform to the minimum standards as set forth by the board of registration for professional surveyors of the State of Ohio;

(d)

Bearings and distances to nearest established street lines or other recognized permanent monuments;

(e)

Exact location, rights-of-way and names of all streets within and adjoining the plat, and building setback lines;

(f)

Radii, internal angles, points of curvature, tangent bearings, lengths of acres, of all applicable streets within the plat area;

(g)

All easements and rights-of-way provided for public services or utilities;

(h)

All lot numbers and lines with accurate dimensions in feet and hundredths;

(i)

Accurate location and description of all monuments and pins;

(j)

Accurate outlines of areas to be dedicated or reserved for public use, or any area to be reserved for the common use of all property owners. The use and accurate boundary locations shall be shown for each parcel of land to be dedicated;

(k)

Certification by a registered surveyor to the effect that the plat represents a survey made by him and that the monuments shown thereon exist as located and that all dimensional details are correct;

(l)

Acknowledgement of the owner or owners to the plat and restrictions, including dedications to public use of all streets, alleys, parks or other open spaces shown thereon and the granting of the required easements, as shall be indicated by the following statement on the plat tracing: "Easements shown on this plat are for the construction, operation, maintenance, repair, replacement or removal of water, gas, sewer, electric, telephone or other utilities or services, and for the express privilege of removing any and all trees or other obstructions to the free use of such utilities and for providing of ingress and egress to the property for such purposes, and are to be maintained as such forever";

(m)

The names of record of all abutting tracts with their deed book and page reference and the plat book reference of all abutting plats;

(n)

Any section lines, corporation limits, township and county lines shall be accurately documented and located on the plat and their names lettered thereon; and

(o)

Location of permanent facilities and easements for same used for drainage control such as detention ponds, retention ponds, infiltration beds, etc.

(Ord. 83-O-124, Passed 7-11-83)

The following information shall be supplied in addition to the requirements in Section 1107.05:

(a)

If a zoning change is involved, certification from the City Zoning Officer shall be required indicating that the change has been approved and is in effect.

(b)

Certification shall be required showing that all required improvements have been either installed and approved by the proper officials, or that a surety has been furnished to assure complete installation and initial maintenance of the required improvements.

(c)

In flood prone areas the subdivider shall provide information detailing how the structures will be protected from flood hazard.

(d)

The City Planning Commission may require the applicant to submit additional topographic information, detailed plans for proposed uses and other information to determine possible flood or erosion hazards, the effect of the subdivision uses upon flood flows, and the adequacy of proposed flood protection measures. The Commission may consult with expert persons or agencies for technical assistance and advice.

(Ord. 83-O-124, Passed 7-11-83)

The final plat shall be filed with the City Planning Commission not later than 12 months after the date of approval of the preliminary plat; otherwise the preliminary plat shall be considered void unless an extension is requested by the developer and granted in writing by the Commission. The final plat shall be considered filed after it is examined by the Director of Public Safety and Service, or his designee, and is found to be in full compliance with the requirements for filing within these regulations. The official date of filing shall be the date of receipt of the subdivider's filing fee.

(Ord. 83-O-124, Passed 7-11-83)

The City Planning Commission shall officially approve or disapprove the final plat within 30 days after it has been filed. Failure of the Commission to act upon the final plat within such time shall be deemed as approval of the plat. If the plat is disapproved, the grounds for disapproval shall be stated in the records of the Commission, and a copy of such record shall be forwarded to the subdivider.

(Ord. 83-O-124, Passed 7-11-83)

When the final plat has been approved by the City Planning Commission, the original tracing shall be returned to the subdivider, for filing with the County Recorder after all necessary certifications are received. The plat shall be recorded within 60 days of Commission approval. Plats not so recorded within 60 days of Commission approval shall become void and shall be resubmitted for Commission approval.

(Ord. 83-O-124, Passed 7-11-83)

The subdivider shall submit one mylar reproducible tracing and two prints of the final plat to the Zoning Office within 30 days after recording the plat. No building permits shall be issued until this requirement is satisfied.

(Ord. 83-O-124, Passed 7-11-83)

No changes, erasures, modifications or revisions shall be made in any Record Plan after approval has been given by the City Planning Commission. All revisions shall require Commission approval. In the event that any such Record Plan is recorded without complying with this requirement, the same shall be considered null and void and the Commission shall institute proceedings to have the Plan stricken from the records of the County Recorder.

(Ord. 83-O-124, Passed 7-11-83)

Approval without a plat of a minor subdivision may be granted by the City Planning Commission or its designated agent if the proposed division of a parcel of land meets all of the following conditions:

(a)

The proposed subdivision is located along an existing public road and involves no opening, widening or extension of any street or road, and in the case of residential lots, does not involve an easement of access. New lots to be created which do not front along an existing public road but which are to be sold to owners of a contiguous parcel of land which does abut along such a road do not constitute a "subdivision" of land and are exempt from this limitation provided, however, that no structure shall be built on the new lot. The City shall require a statement on the deed that the parcels shall not be a separate building lot and may not be transferred except when transferred along with the contiguous property. Such lots are also exempt from the limitation on the number of lots which may be created as a result of a minor subdivision as noted under subsection (b) hereof.

(b)

No more than five lots are involved after the original parcel has been completely subdivided. New lots to be created which are five acres or larger in size and located along an existing public road are not "subdivisions" and are exempt from this limitation.

(c)

The proposed subdivision is not contrary to applicable subdivision or zoning regulations.

(d)

The physical characteristics of the property are suitable for building sites.

(e)

There is no division or allocation of land for parks and open spaces as required by these regulations.

(Ord. 95-O-791, Passed 5-8-95)

An application for approval of the minor subdivision shall be submitted on forms provided by the City Planning Commission, together with copies of the minor subdivision plan and any required supplementary information.

(Ord. 83-O-124, Passed 7-11-83)

Prior to receiving consideration for a minor subdivision, the subdivider shall prepare and submit a minor subdivision plan consisting of the following elements:

(a)

A survey drawn by a registered professional surveyor; and

(b)

Deeds for the proposed minor subdivision with a legal description.

(Ord. 83-O-124, Passed 7-11-83)

The minor subdivision plan shall contain the following information:

(a)

Name of the subdivider, location by section, range and township or by other survey number, date, north point, scale and acreage to hundredths of acre;

(b)

Abutting streets; and

(c)

Exact locations shall be shown for all buildings, septic tanks, wells or similar features with respect to existing or proposed lot lines or right-of-way lines.

(Ord. 83-O-124, Passed 7-11-83)

Any of the following information may be required by the City Planning Commission on the basis of the characteristics of the subject property.

(a)

Lot grading and drainage plan, illustrating a plan for the handling of surface and subsurface drainage, showing proposed finished grade elevations, the type, size, location and outlet of all existing and proposed drainage systems, swales, easements and the proposed ground cover;

(b)

Spot elevations;

(c)

Approval by the Health Department if onsite sewage disposal systems are being proposed;

(d)

A statement from the proper authorities that a tap-in is permitted if the property is served by public sewer and water;

(e)

100 year floodplain elevations and delineations; and

(f)

Other information as deemed necessary by staff in order to create building sites and promote the public health, safety and welfare.

(Ord. 83-O-124, Passed 7-11-83)

The Planning Commission may require, as a condition for approval of a minor subdivision, the dedication of a street right-of-way in conformance with the requirements of these regulations or the Official Thoroughfare Plan.

(Ord. 83-O-124, Passed 7-11-83)

If approval is given under these provisions, the City Planning Commission shall, within 30 working days after submission, approve such proposed division and, upon presentation of a conveyance for such parcel, shall stamp "Approved by the Huber Heights City Planning Commission: No Plat Required" and the authorized representative of the Commission shall sign the conveyance.

If the proposed division is disapproved, the subdivider shall be notified within 30 working days after the submission.

(Ord. 2011-O-1910, Passed 9-12-11)

The regulations in Sections 1119.02 to 1109.22, inclusive, shall control the manner in which streets, lots and other elements of a subdivision are arranged on the land. These design controls shall help ensure convenient and safe streets, creation of usable lots, provision of space for public utilities and reservation of land for recreational uses. The planning of attractive and functional neighborhoods shall be promoted, minimizing the undesirable features of unplanned, haphazard growth.

The City Planning Commission has the responsibility for reviewing the design of each future subdivision early in its design development. The Commission shall ensure that all of the requirements of Sections 1109.02 to 1109.22, inclusive, are met.

(Ord. 83-O-124, Passed 7-11-83)

The arrangement, character, width and location of all thoroughfares or extensions thereof shall conform with the City's Official Thoroughfare Plan. Thoroughfares not contained in the aforementioned plan shall conform to the recommendation of the City Planning Commission based upon the design standards set forth in Sections 1109.03 to 1109.14, inclusive. In addition, no final plat of land within the area in which an existing Zoning Ordinance is in effect shall be approved unless it conforms with such Ordinance.

(Ord. 83-O-124, Passed 7-11-83)

If the City Planning Commission finds that land proposed to be subdivided is unsuitable for subdivision development due to flooding, bad drainage, topography, inadequate water supply, schools, transportation facilities and other such conditions which may endanger health, life or property; and, if from investigations conducted by the public agencies concerned, it is determined that in the best interest of the public the land should not be developed for the purpose proposed, the Commission shall not approve the land for subdivision unless adequate methods are advanced by the subdivider for solving the problems that will be created by the development of the land.

(Ord. 83-O-124, Passed 7-11-83)

The arrangement, character, extent, width, grade construction and location of all streets shall conform to the Official Thoroughfare Plan for the City, or subsequent amendments thereto, and shall be considered in their relation to existing and planned streets, topographical conditions, and public convenience and safety; and in their appropriate relation to the proposed uses of the land to be served by such streets. The street pattern shall discourage through traffic in the interior of a subdivision. The subdivider shall provide within the boundaries of the subdivision plat, the necessary right-of-way for the widening, continuance or alignment of such streets in conformity with the Official Thoroughfare Plan.

(Ord. 83-O-124, Passed 7-11-83)

The design and improvement standards contained herein are minimums for cul-de-sacs and loop type local streets in residential subdivisions. All such streets shall be designed and constructed in accordance with standards as specified in Table 1.

(Ord. 83-O-124, Passed 7-11-83)

The design and improvement standards contained herein are minimums for all local type streets, except cul-de-sacs and loop type streets, in residential subdivisions. All such streets shall be designed and constructed in accordance with the standards as specified in Table 2.

(Ord. 83-O-124, Passed 7-11-83)

The design and improvement standards contained herein are minimums for all collector streets. All such streets shall be designed and constructed in accordance with the standards as specified in Table 3.

(Ord. 83-O-124, Passed 7-11-83)

(a)

The design standards of and the required improvements to arterial streets and roads, as shown on the Official Thoroughfare Plan are contained in Table 4. Construction design criteria on these streets are not specified in these regulations but are to be determined by the City Director of Public Safety and Service, or his designee, when and if such a street abuts or crosses the proposed subdivision. Certain improvements may be waived after review and approval by the City Planning Commission. In all cases right-of-way dedications shall be required.

(b)

The subdivider shall be responsible for all required improvements including sidewalk, curb, storm drainage and the required pavement width when the streets lie within the subdivision. On divided streets left turn lanes shall be provided at all median openings.

(c)

When developing on property that abuts one side of an existing collector or any arterial street or roadway which is included in the Official Thoroughfare Plan, the subdivider shall be responsible for sidewalk, curb, and pavement widening to thoroughfare width of the side of the collector or arterial street or roadway adjacent to the subdivision. In addition, the subdivider shall be responsible for all necessary adjustments to existing pavement and storm drainage for the street in accordance with an agreement with the City. Where sight distance or other engineering requirements make it imperative, the pavement adjustment responsibility shall include the replacement of up to the entire existing pavement.

(d)

Where marginal access streets are used to provide access to arterials (82 to 120 feet right-of-way widths) street improvements on arterial streets may be waived but sidewalks shall be required.

(Ord. 83-O-124, Passed 7-11-83; Ord. No. 2022-O-2526, § 2, 4-25-22)

When there is an angle of deflection of more than ten degrees between two centerline tangent sections of a street, a curve of adequate radius shall connect them. Between reverse curves, a minimum tangent of 100 feet shall be introduced for local streets design. For streets other than local streets, the minimum tangent between reverse curves shall be determined by the Director of Public Safety and Service, or his designee, in accordance with the latest recommendations of the American Association of State Highway and Transportation Officials (AASHTO) in effect on the date of the approval of the preliminary plat. Adequate safe stopping sight distance shall be provided in accordance with the latest recommendations of AASHTO in effect on the date of the approval of the preliminary plat.

(Ord. 83-O-124, Passed 7-11-83)

(a)

Minimum vertical visibility shall conform to the latest recommendations of AASHTO in effect on the date of approval of the preliminary plat.

(b)

No street grade shall be less than five-tenths of one percent and on stop streets grade shall not exceed two percent positive or three percent negative within a distance from the intersection of 100 feet plus one-half of the intersecting street right-of-way width, unless approved by the Director of Public Safety and Service, or his designee.

(c)

All changes of grade shall be connected by vertical curves of a minimum length in feet equal to 20 times the algebraic difference in the rate of grade.

(Ord. 83-O-124, Passed 7-11-83)

(a)

The design and improvement standards for intersections are minimums for all street intersections in subdivisions. All such intersections shall be designed and constructed in accordance with the standards as specified in Table 5. Intersection sight distance requirements shall be as specified in subsection (f) hereof.

(b)

Multiple intersections involving junctions of more than two streets shall be avoided.

(c)

Four way intersections of local streets should be avoided and T-intersections should be encouraged wherever possible.

(d)

Individual grades for each curb shall be provided on a stop street when the grade on the through street exceeds two percent.

(e)

Low points which would result in water ponding or poor visibility shall not be permitted.

(f)

Adequate intersection sight distance shall be provided as outlined below.

(1)

For uncontrolled intersections the sight distance shall be in accordance with Table 5—Clear Sight Distance.

(2)

For intersections where positive traffic control devices shall be placed adequate cross corner intersection sight distance shall be provided according to the requirements of the latest revisions of the Ohio Department of Transportation's Location and Design Manual in effect on the date of approval of the preliminary plat.

(Ord. 83-O-124, Passed 7-11-83)

The following requirements shall apply to special street types:

(a)

Permanent dead-end streets shall not be permitted. Temporary-dead end streets shall be permitted only as part of a continuing street plan.

Permanent dead-end streets shall be allowed at the City's corporation lines for streets which were in existence at the time of incorporation. These streets are defined as roadways which would be impacted adversely if a through connection were made. These streets include:

Powell Road (East)

Jansin Place

Lehar Place

Hilgeford Drive

Harshmanville Road

(b)

Dedication of new half-streets shall not be permitted. Where a dedicated or platted half-street exists adjacent to the tract being subdivided, the other half shall be platted.

(c)

Where a subdivision abuts or contains an existing or proposed arterial street (82 to 120 [feet] right-of-way widths) the City Planning Commission may require marginal access streets, reverse frontage with screen planting contained in a nonaccess reservation along the rear property line, or other such treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic. There shall be no direct vehicular access from residential lots to such arterial streets or highways.

(d)

Alleys shall not be approved in residential subdivisions, except where justified by extreme conditions. Alleys may be required in commercial and industrial districts if other provisions cannot be made for adequate service access. The minimum widths for alleys shall be 20 feet for the right-of-way and 18 feet for the pavement width.

(e)

Gated streets shall be allowed in order to separate public streets from private streets. These streets include:

Corby Way

(Ord. 2012-O-1939, Passed 2-13-12; Ord. No. 2023-O-2594, § 3, Passed 7-24-23)

Streets serving business developments and accessory parking areas shall be planned to connect with arterial streets so as not to generate traffic on local streets. The intersections of driveways from parking areas with arterial or collector streets shall be located so as to cause the least possible interference with traffic movement on the streets, and shall be located not less than 100 feet from the intersection of an arterial or collector street with any other street, and shall be spaced not less than 200 feet from each other. The City Planning Commission may require marginal access streets to provide maximum safety and convenience.

(Ord. 83-O-124, Passed 7-11-83)

Collector streets for industrial subdivisions shall be planned to serve industrial areas exclusively and shall connect with arterial streets so that no industrial traffic shall be directed into any residential streets. The intersections of service streets from parking areas with arterial or collector streets shall not be less than 100 feet from the intersection of the arterial or collector street with any other street.

Streets shall be planned to be extended to the boundaries of any adjoining land planned for industry, except for severe physical conditions or if the City Planning Commission finds such extension is not in accord with the approved plan of the area.

(Ord. 83-O-124, Passed 7-11-83)

(a)

Sidewalks shall be required on both sides of a street in all subdivisions where all lots have either a width of less than 80 feet at the building line, or where the lot is less than 15,000 square feet. The City Planning Commission shall require that sidewalks be constructed where lot frontage is greater than 80 feet where they may be essential to pedestrian movement and safety. Sidewalks shall be required to be constructed along all arterial roads and collector roads as indicated in the Official Thoroughfare Plan for the City and these regulations.

(b)

Public sidewalks shall be required for all commercial lots.

(c)

Public sidewalks may be required for industrial lots, subject to the approval of the Planning Commission.

(Ord. 83-O-124, Passed 7-11-83; Ord. No. 2022-O-2526, § 1, 4-25-22)

The following regulations shall govern the design and layout of blocks.

(a)

The arrangement of blocks shall be such as to conform to the street planning criteria set forth in Sections 1109.04 to 1109.15, inclusive, and shall be arranged to accommodate lots and building sites of the size and character required for the district as set forth in these subdivision regulations or the zoning ordinance and to provide for the required community facilities.

(b)

Irregularly shaped blocks, those intended for cul-de-sacs or loop streets, and those containing interior parks or playgrounds, may be approved by the City Planning Commission if properly designed and located and if the maintenance of interior public spaces is covered by agreements.

(c)

No block shall be longer than 1,500 feet and the block width shall accommodate two tiers of lots, except where unusual topography or other exceptional physical circumstances exist.

(d)

Where blocks are over 900 feet in length a walkway not less than ten feet in width at or near the halfway point may be required, if necessary, to provide proper access to schools, recreational areas, shopping centers and other facilities.

(Ord. 83-O-124, Passed 7-11-83)

The following regulations shall govern the design and layout of lots:

(a)

The lot arrangement and design shall be such that all lots shall provide satisfactory building sites, properly related to topography and the character of surrounding development.

(b)

All lots shall conform to or exceed the requirements of these subdivision regulations and the zoning district requirements for the district in which they are located and the use for which they are intended.

(c)

Where no public utilities exist the lots shall meet the requirements of the Montgomery County Board of Health.

(d)

All side lots shall be at right angles to street lines and radial to curved street lines, except where the City Planning Commission determines that a variation to this rule would provide a better layout.

(e)

Lots with double frontage shall be avoided except where the Commission determines that it is essential to provide separation of residential development from arterial streets.

(f)

No corner lot shall have a width at the building line of less than 75 feet, except as authorized by the Zoning Ordinance.

(g)

Except as provided in Section 1109.17(i) the maximum depth of a lot shall not be greater than three times the width of the lot, except lots which contain an area of five acres or more. Lots containing over five acres shall not be less than 200 feet in width at any location; they should be of such shape and dimensions as to render the possible resubdivision of any such parcels at some later date into lots and streets which meet the requirements of these regulations, except as authorized in Chapter 1143.

(h)

Additional lot depth may be required where a residential lot in a subdivision backs up to a railroad right-of-way, a high pressure gasoline or gas line, open drainage ditch, an arterial street, an industrial area or other existing land use which may have a detrimental effect on the residential use of the property, and where no street is provided at the rear of such lot. Where a residential lot has its side lot line adjacent to any of the aforementioned an appropriate additional width may also be required.

(i)

The minimum lot size where public sewer or water is not available shall be one acre with a minimum frontage of 200 feet.

Where soil conditions are of such nature that proper operation of wells and septic systems may be impaired, the City Planning Commission may increase the size of any or all lots in the subdivision.

Where soils are classified as prime agricultural soils as defined in these regulations, or are adjacent to prime agricultural soils, the Commission may permit the alteration of these requirements where the subdivider demonstrates that such alteration is necessary and desirable in order to preserve the prime agricultural soils, provided that the subdivision is not contrary to applicable zoning regulations.

(Ord. 83-O-124, Passed 7-11-83)

(a)

Utility Easements. Public utility easements at least ten feet in total width may be required along the rear and sides of lots where needed for the accommodation of a public utility, drainage or sanitary structures or any combination of the foregoing. Where deemed necessary by the City Planning Commission an additional easement width shall be provided.

(b)

Watercourses. The subdivider shall provide easements for storm drainage purposes which conform substantially with the lines of any natural watercourses, channels, streams or creeks which traverse the subdivision or for any new channel which is established to substitute for a natural watercourse, channel, stream or creek. Such easements shall be of a width which shall provide for the maintenance needs of the channel and incidental structures as determined by the Commission. In certain areas, the City may require that rights-of-way for drainage ways be dedicated by the developer as a condition for approval of the plat.

(Ord. 83-O-124, Passed 7-11-83)

(a)

Natural Land Uses. Subdivisions should be planned to take advantage of the topography of the land, to economize in the construction of drainage facilities, to protect existing field drainage systems, to reduce the amount of danger, to minimize destruction of trees and topsoil and to preserve such natural features as watercourses, unusual rock formations, large trees, sites of historical significance and other assets which, if preserved, shall add attractiveness and value to the subdivision and the community. Subdivision designers and developers should coordinate the site layout with the drainage system. The planning of a subdivision should incorporate natural waterways, artificial channels, storm sewers, runoff storage facilities and other drainage works.

(Ord. 83-O-124, Passed 7-11-83)

(a)

As a safety measure for the protection of the health and welfare of the people of the City, the City Planning Commission shall not approve any subdivision located in areas subject to periodic flooding. If the subdivision is located in such area or an area having other physical impairment, the Commission may approve the subdivision provided the developer or subdivider agrees to perform such improvements as shall render the area substantially safe for development; and further, provide that in lieu of the improvements, the subdivider shall furnish a surety covering the cost of the required improvement. Prior to acting on a proposed subdivision located in a flood hazard area, the Commission shall secure advice from the Federal Insurance Administration, the Ohio Department of Natural Resources, the Miami Conservancy District or other appropriate agencies.

(b)

Stream Easement. If a stream flows through, or adjacent to, the proposed subdivision, the plat shall provide for a storm water easement or drainage right-of-way along the stream for a floodway of at least ten feet. For the smaller streams, the plat shall provide for channel improvement to enable them to carry all reasonable floods within banks. The floodway easement shall be wide enough to provide for future enlargement of the stream channels as adjacent areas become more highly developed and runoff rates are increased.

(c)

Streets. Approval shall not be given for streets within a subdivision which would be subject to flooding. All streets shall be located at elevations which shall make them flood free in order that no portion of the subdivision would become isolated by floods.

(d)

All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

(Ord. 83-O-124, Passed 7-11-83)

Consideration shall be given to the allocation of areas suitably located and adequate size for playgrounds, school sites and parks to be made available by one of the following methods.

(a)

Dedication to the City;

(b)

Reservation of land for the use of property owners by deed or covenants; or

(c)

Reservations for acquisition by the City within a period of two years from the approval of the preliminary plan. Such reservation shall be made in such a manner as to provide for a release of the land to the subdivider in the event the City does not proceed with the purchase.

Due regard shall be shown for preserving outstanding natural features such as scenic spots, watercourses or exceptionally fine groves of trees. Dedication to and acceptance by a public agency is usually the best means of assuring their preservation.

(Ord. 83-O-124, Passed 7-11-83)

A street lighting plan, showing the locations and type of lights proposed for the subdivision, shall be included in the data submitted for final plat approval.

(Ord. 83-O-124, Passed 7-11-83)

(a)

As used in this section, "utility structure" means any above ground structure, facility or equipment, including but not limited to, pedestals, poles, boxes, cabinets, meters, storage facilities, or utility stations, that are associated with a utility providing services to its customers. Such services shall include, but are not limited to: electricity, natural gas, telecommunications, cable, video and internet service, and water. Utility structures shall not include fire hydrants, traffic control devices, or other City equipment.

(b)

All utility structures are to be placed within the intersection clearance zone with a ten-foot minimum clearance from fire hydrants and shall not adversely impact the line of sight for any driveways. Utility structures should be located in a platted utility easement. All utility structures must be coordinated to the extent possible with existing and other proposed utility structures, reducing the total number of utility structures, providing the most effective screening, and minimizing the impact on trees. All pads supporting utility structures shall be concrete. Utility structures should be located in rear or side yards. Utility structures (excluding utility poles) that are greater than 36 inches in height above grade, greater than 36 inches in width, or greater than 36 inches in depth shall not be located within a front yard.

(c)

The visual impact of the utility structure, including size, color and screening, is to be minimized. The vistas of the property owner and adjacent property owners shall be considered with a goal of obtaining 50 percent opacity as viewed from neighboring property lines. Fifty percent opacity should be obtained upon installation. However, planting may be postponed by the City due to seasonal conditions. Fifty percent opacity shall not be required for utility poles or for wires and cables. Screening is to be achieved by the use of:

(1)

Existing or new vegetation;

(2)

Existing or new fencing;

(3)

Existing structures.

(Ord. 2008-O-1745, Passed 6-9-08)

TABLE 1
STREET DESIGN STANDARDS FOR CUL-DE-SACS AND LOOP TYPE LOCAL STREETS

* Pavement from back of curb to back of curb.

** Development density is defined as that permitted in the following zoning districts:

(Ord. 83-O-124, Passed 7-11-83; Ord. 2011-O-1910, Passed 9-12-11)

TABLE 2
STREET DESIGN STANDARDS FOR ALL LOCAL STREETS EXCEPT CUL-DE-SACS AND LOOP TYPE STREETS

* Pavement from back of curb to back of curb.

** Development density is defined as that permitted in the following zoning districts.

(Ord. 83-O-124, Passed 7-11-83; Ord. 2011-O-1910, Passed 9-12-11)

TABLE 3
COLLECTOR STREET DESIGN STANDARDS

* Pavement from back of curb to back of curb.

** Development density is defined as that permitted in the following zoning districts:

(Ord. 83-O-124, Passed 7-11-83; Ord. 2011-O-1910, Passed 9-12-11)

TABLE 4
THOROUGHFARE STREET DESIGN STANDARDS*

* Pavement widths and other dimensions in this table based on face to face curb measurements.

** Unless otherwise required by Planning Commission.

(Ord. 84-O-138, Passed 3-12-84; Ord. No. 2022-O-2526, § 3, 4-25-22)

TABLE 5
INTERSECTION DESIGN STANDARDS

(Ord. 84-O-138, Passed 3-12-84)

Planned developments are separate entities with a distinct character which is intended to be in harmony with surrounding developments. Projects which are designed solely to circumvent these regulations or the Zoning Ordinance shall not be approved. The project shall clearly demonstrate that natural features are being preserved, that amenities are being provided which would enhance the livability of the project and that such attributes of the project could not be achieved with strict adherence to these regulations.

Zoning approval of a planned development does not constitute either preliminary or final subdivision approval.

(Ord. 83-O-124, Passed 7-11-83)

A major element of the planned development is privately owned or publicly owned common property within the development. These developments usually contain such features as an internal park network abutting home sites, recreational facilities and preservation of natural amenities. A Home Owners Association should be established to provide for the maintenance of all properties held in common.

The design of internal circulation systems shall be sensitive to such points of safety, convenience, access to dwelling units and nonresidential facilities, separation of vehicular and pedestrian-bicycle traffic, and general attractiveness. Internal streets shall be adequate to carry anticipated traffic and yet provide convenient and safe access. Access for emergency vehicles shall be considered. The Planning Commission may require the dedication of public access easements over certain roads and drives in planned developments as may be necessary for the public health, safety and welfare.

(Ord. 83-O-124, Passed 7-11-83)

Whenever a planned development abuts or contains an existing or proposed major thoroughfare the right-of-way standards as contained in these regulations shall be applicable. If a planned development abuts or contains an existing minor residential street it shall meet the requirements of these regulations.

(Ord. 83-O-124, Passed 7-11-83)

Private streets may be permitted in planned developments provided they meet the following requirements:

(a)

A minimum street pavement width of 27 feet or of such width the Planning Commission deems necessary for the type of development.

(b)

The pavement thickness and materials used shall be constructed in accordance with the City specifications.

(c)

A Home Owners Association or other appropriate method is established to maintain the street system.

(d)

The center line radius for streets shall not be less than 45 feet.

(Ord. 83-O-124, Passed 7-11-83)

The Planning Commission may require certain streets within planned developments to be public if it determines that the project density necessitates the use of public streets and that traffic connections are required to adjacent plats or developments for adequate circulation.

(Ord. 83-O-124, Passed 7-11-83)

Each stage of a planned development shall be so designed so as to stand independently of future related stages in the event future stages are not constructed. The construction and provision of all of the common open spaces and public and recreational facilities which are shown on the final development plan shall proceed at the same rate as the construction of dwelling units. Council shall not approve the final development plan for any stage of the planned development unless the average of the allowable dwelling units per stage, up to and including the stage which is to be approved, does not exceed by more than 20 percent the average number of dwelling units per stage which is allowable for the entire planned development.

(Ord. 83-O-124, Passed 7-11-83)

Council may require adequate assurance, in a form and manner which it approves, that the common open space shown in the final development plan shall be provided or that designated trees are preserved. The following methods of assurance may be used singularly or in combination:

(a)

An acceptable surety in a form which complies with the provision of these regulations and in an amount sufficient to purchase the common open space shown or trees shown on the final development plan or alternative acreage which is equivalent in size and character;

(b)

The land shown as common open space may be put in escrow, the escrow agreement to provide that the land is to be held in escrow until the Planning Commission has certified to the escrow agent that the planned development has been completed; and/or

(c)

If any of the planned development which includes common open space is held by the developer in option, the developer may assign to the applicable governmental entity the right to exercise the option to acquire the common open space.

(Ord. 83-O-124, Passed 7-11-83)

If a planned development contains nonresidential uses, these uses may be constructed first, but only if the Planning Commission finds and records its findings on the final development plan, that the nonresidential uses are consistent with the Comprehensive Plan for the community even though the residential area of the planned development is not built or not completed.

(Ord. 83-O-124, Passed 7-11-83)

Ohio R.C. Chapter 5311 provides for the recording of ownership of condominiums. Condominium ownership does not excuse compliance with these regulations whenever appropriate.

(Ord. 83-O-124, Passed 7-11-83)

It is the purpose of these regulations to promote the public health, safety and general welfare and to minimize flood losses resulting from periodic inundation by provisions designed to:

(a)

Restrict or prohibit subdivision of lands for uses which are dangerous to health, safety or property in times of flood or which, with reasonably anticipated improvements, will cause excessive increases in flood heights or velocities;

(b)

Require that each subdivision lot in an area vulnerable to floods be provided with a safe building site with adequate access and that public facilities which serve such uses be installed with protection against flood damage at the time of initial construction;

(c)

Protect individuals from buying lands which are unsuited for intended purposes because of flood hazard by prohibiting the subdivision of unprotected flood hazard lands, requiring that flood hazard areas be delineated on the final plat, and areas not suitable for development be subject to deed restrictions; and

(d)

Ensure compliance with the Flood Damage Prevention Regulations adopted by Montgomery County.

(Ord. 83-O-124, Passed 7-11-83)

(a)

Land to Which These Regulations Apply. These regulations shall apply to all areas of special flood hazard within the jurisdiction of the City.

(b)

Basis for Establishing the Area of Special Flood Hazard. The areas of special flood hazard have been identified by the Federal Emergency Management Agency in a scientific and engineering report entitled "Flood Insurance Study for the Unincorporated Territory of Montgomery County, Ohio". This study with accompanying Flood Boundary and Floodway Maps and Flood Insurance Rate Maps dated December 15, 1981 and any revisions thereto is hereby adopted by reference and declared to be a part of these regulations.

(c)

Compliance. No land shall hereafter be subdivided or used without full compliance with the terms of these regulations and other applicable regulations including zoning, official maps, health codes and other regulations which apply to uses within the jurisdiction of these regulations.

(d)

Definitions.

(1)

Base flood means the flood having a one percent chance of being equaled or exceeded in any given year, also known as the 100 year frequency flood.

(2)

Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from:

A.

The overflow of inland or tidal waters; and/or

B.

The unusual and rapid accumulation or runoff of surface waters from any source.

(3)

Floodway means the channel of the watercourse and those portions of the adjoining flood plains which are reasonably required to carry and discharge the regional flood.

(4)

Floodway fringe means that portion of the regional floodplain located outside of the floodway.

(5)

Regional flood means the flood which is representative of large floods known to have occurred generally in the area and reasonably characteristic of what can be expected to occur on a particular stream. The regional flood generally has a flood frequency of approximately 100 years as determined by an analysis of floods on a particular stream and other streams in the same general region.

(6)

Regional flood plain or flood plain means the area inundated by the regional flood (100 year frequency). This is the flood plain area which shall be requested by the standards and criteria of these regulations.

(7)

Regional flood protection elevation means the elevation of general flood plus one foot of freeboard to provide a safety factor.

(Ord. 83-O-124, Passed 7-11-83)

The degree of flood protection required by these regulations is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. These regulations do not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. These regulations shall not create liability on the part of the City, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on these regulations or any administrative decision lawfully made thereunder.

(Ord. 83-O-124, Passed 7-11-83)

No land shall be subdivided which is unsuitable for its intended use for reason of flooding, inadequate drainage, susceptibility to mud slides or earth slides, or severe erosion potential. However, the subdivision may be approved if the subdivider improves the land consistent with the standards of this and other applicable regulations to make the area suitable for its intended use. In determining the appropriateness of the land subdivision at the site, the City Planning Commission shall consider the objectives of these regulations and:

(a)

The danger to life and property due to the increased flood heights or velocities caused by subdivision fill, roads and intended uses;

(b)

The danger that intended uses may be swept on to other lands or downstream to the injury of others;

(c)

The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions under flood conditions;

(d)

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

(e)

The importance of the services provided by the proposed facility to the community;

(f)

The requirements of the subdivision for a waterfront location;

(g)

The availability of alternative locations not subject to flooding for the proposed subdivision and land uses;

(h)

The relationship of the proposed subdivision to the comprehensive plan and flood plain management program for the area;

(i)

The safety of access to the property in times of flood for emergency vehicles; and

(j)

The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site.

(Ord. 83-O-124, Passed 7-11-83)

(a)

No subdivision or part thereof shall be approved if proposed subdivision development in a floodway will, individually or collectively, significantly increase flood flows, heights, or damages.

(b)

No subdivision or part thereof shall be approved for floodway or floodway fringe areas which will substantially affect the storage capacity of the flood plain.

(c)

Building sites, residences, motels, resorts, and similar uses for human occupation shall not be permitted in floodway areas. Sites for those uses may be permitted outside the floodway if the sites are elevated to a height at least one foot above the elevation of the regional flood or provisions otherwise made for elevating or adapting structures to achieve the same result. Required fill areas shall extend 15 feet beyond the limits of intended structures and, if the subdivision is not to be sewered, shall include areas for waste disposal.

(d)

Building sites for structures other than residences outside of floodway areas shall ordinarily be filled as provided in subsection (c) hereof. However, the City Planning Commission may allow subdivisions of areas for commercial and industrial use at a lower elevation if the subdivider agrees to protect the uses through structural flood-proofing as specified in Section 1113.10.

(e)

When the Commission determines that only part of a proposed plat can be safely developed, it shall limit development to that part and shall require that the method of development is consistent with its determination.

(f)

When the subdivider does not intend to develop the plat, and the Commission determines that limitations are required to ensure safe development, it may require the subdivider to impose appropriate deed restrictions on the land. Such deed restrictions shall be inserted in every deed and noted on the face of the final recorded plat.

(Ord. 83-O-124, Passed 7-11-83; Ord. No. 2023-O-2594, § 4, Passed 7-24-23)

Storm drainage facilities shall be designed to convey the flow of surface waters without damage to persons or property. The system shall ensure drainage at all points along streets, and provide positive drainage away from buildings and onsite waste disposal sites. Plans shall be subject to the approval of the Director of Public Service or his designee. The Director may require a primarily underground system to accommodate frequent floods and a secondary surface system to accommodate larger, less frequent floods. Drainage plans shall be consistent with local and regional drainage plans. The facilities shall be designed to prevent the discharge of excess runoff onto adjacent properties.

(Ord. 83-O-124, Passed 7-11-83)

The finished elevation of proposed streets shall be no more than one foot below the regional flood. The City Planning Commission may require, where necessary, profiles and elevations of streets to determine compliance with this requirement. Drainage openings shall be sufficient to discharge flood flows without unduly increasing flood heights.

(Ord. 83-O-124, Passed 7-11-83)

(a)

The City Planning Commission may prohibit installation of sewage disposal facilities requiring soil absorption systems where such systems shall not function due to high ground water, flooding or unsuitable soil characteristics. The Commission may require that the subdivider note on the face of the plat and in any deed of conveyance that soil absorption fields are prohibited in designated areas.

(b)

The Commission may prescribe adequate methods for waste disposal. If a sanitary sewer system is located on or near the proposed subdivision, the Commission shall require the subdivider to provide sewage facilities to connect to this system where practical, and shall prescribe the procedures to be followed by the subdivider in connecting to the system.

(Ord. 83-O-124, Passed 7-11-83)

All water systems located in flood prone areas, whether public or private, shall be floodproofed to above the regional flood protection elevation. If there is an existing public water supply system on or near the subdivision, the City Planning Commission may require the subdivider to connect to this system.

(Ord. 83-O-124, Passed 7-11-83)

The City Planning Commission may attach conditions including but not limited to the following to the approval of plats for areas subject to development hazards:

(a)

Construction and modification of sewage, water supply and drainage facilities to meet the standards of these Subdivision Regulations and to promote the health, safety and general welfare;

(b)

Requirements for construction or channel modification, dikes, levees and other protective measures;

(c)

Installation of flood-warning systems;

(d)

Imposition of operational controls, sureties and restrictions enforceable by the Commission to restrict the types and design of uses. Such restrictions may include flood-proofing of intended uses, subject to the individual approval of the appropriate agency at the time such uses are constructed, through:

(1)

Anchorage to resist flotation and lateral movement;

(2)

Installation of watertight doors, bulkheads and shutters, or similar methods of construction;

(3)

Reinforcement of walls to resist water pressures;

(4)

Use of paints, membranes or mortars to reduce seepage of water through walls;

(5)

Addition of mass or weight to structures to resist flotation;

(6)

Installation of pumps to lower water levels in structures;

(7)

Construction of water supply and waste treatment systems so as to prevent the entrance of flood waters;

(8)

Pumping facilities or comparable practices for subsurface drainage systems for buildings to relieve external foundation wall and basement flood pressures;

(9)

Construction to resist rupture or collapse caused by water pressure of floating debris;

(10)

Installation of valves or controls on sanitary and storm drains which shall permit the drains to be closed to prevent back-up of sewage and storm waters into the buildings or structures. Gravity drainage of basements may be eliminated by mechanical devices;

(11)

Location of all electrical equipment, circuits and installed electrical appliances in a manner which shall assure they are not subject to flooding and to provide protection from inundation by the regional flood; and

(12)

Location of any structural storage facilities for chemicals, explosives, buoyant materials, flammable liquids or other toxic materials which could be hazardous to public health, safety and welfare in a manner which shall assure that the facilities are situated at elevations above the height associated with the flood protection elevation or are adequately flood-proofed to prevent flotation of storage containers, or damage to storage containers which could result in the escape of toxic materials into flood waters.

(Ord. 83-O-124, Passed 7-11-83)

(a)

General. In order that the City has the assurance that the construction and installation of such improvements as street surfacing, curbs, gutters, sidewalks, public sanitary sewers, public water supply and street signs shall be acceptably completed, the subdivider shall enter into one of the following agreements:

(1)

To construct all improvements directly affecting the subdivision, as required by the City, prior to the final approval of the plat; or

(2)

In lieu of the completion of the improvements, furnish surety equal to the cost of construction of such improvements as shown on plans, and based on an estimate approved by the Director of Public Safety and Service or his designee.

(b)

Conditions. Before the final plat is given final approval, the developer shall have executed a subdivider's contract and surety with the City covering the estimated cost of required improvements.

The surety shall run to the City and shall provide that the subdivider, his heirs, successors and assigns, their agent or servants, shall comply with all applicable terms, conditions, provisions and requirements of these regulations, and shall faithfully perform and complete the work of constructing and installing such facilities or improvements in accordance with such laws and regulations, and that the work shall be completed within two years from the date of execution, but the surety shall run indefinitely until released by the City.

If the construction or installation of any improvement or facility, for which assurance has been made by the developer in the form of surety, is not completed within two years from the date of final approval of the record map, the developer may request the City to grant an extension of time, provided he can show reasonable cause for inability to complete such improvements within the required two years. The extension shall not exceed one year. At the expiration of the extension, the City shall use as much of the surety as necessary to complete the construction of the improvements.

As required improvements are completed, approved, and accepted, Council, with the concurrence of the Director of Public Safety and Service or his designee, may reduce the amount of the surety.

Periodic inspections during the installation of improvements shall be made by the City to ensure conformity with the approved plans and specifications as required by these regulations.

The subdivider shall notify proper administrative officials at least 24 hours before each phase of the improvements is ready for inspection.

The absence of an inspector from a plat during construction shall not relieve the subdivider from full responsibility under this agreement. Upon acceptable completion of installation of the required improvements, the Director or his designee shall issue a letter to the subdivider or his agent and such letter shall be sufficient evidence for the release by the City.

When the proper administrative officials, following final inspection of a subdivision, certify to Council that all improvements have been constructed in accordance with City specifications, Council may proceed to accept the facilities for which surety has been posted.

Whenever public improvements have not been constructed in accordance with the agreement and with specifications as established, Council may exercise its rights of foreclosure under the surety.

(Ord. 83-O-124, Passed 7-11-83; Ord. 95-O-791, Passed 5-8-95)

The subdivider shall design and construct improvements not less than the standards and specifications contained in these regulations. The work shall be done under City surveillance and inspection and shall be completed within the time fixed or agreed upon by the Director of Public Safety and Service or his designee. All improvements shall be constructed in accordance with the standards of the City, the construction and material specifications of the Ohio Department of Transportation, latest edition, and any applicable standards of Montgomery County and the Ohio Environmental Protection Agency. All inspection costs shall be paid for by the subdivider.

(Ord. 83-O-124, Passed 7-11-83)

A complete survey shall be made by a registered surveyor and shall conform to the "minimum standards for boundary surveys in the State of Ohio".

Additionally permanent reference monuments made of stone or concrete, at least 36 inches in length and six inches square with suitable center point, shall be located and placed within the subdivision, and their location noted on the record plan. These monuments shall be placed immediately after final grading of lots is completed and the cost of the monuments will be included in the cost of improvements. There shall be no release of performance bond until after monuments have been placed.

Boundary lines shall be monumented at all points where there is a change of direction and at all lot corners by suitable monuments as specified in the "minimum standards for boundary surveys in the State of Ohio".

(Ord. 83-O-124, Passed 7-11-83)

All streets shall be graded to their full width, including side slopes, and improved in conformance with the standards given or referred to in these regulations.

A centerline profile of proposed streets or roads with typical cross sections indicating proposed crowns and slopes anticipated in meeting required street improvements, shall be a part of, or accompany, the construction plan. Profiles of existing roadways or streets shall be extended a sufficient distance beyond the plat boundary to determine a suitable join with existing pavements. All drainage and drainage structures shall be indicated on the profile and all profiles shall be submitted to the Director of Public Safety and Service or his designee.

(Ord. 83-O-124, Passed 7-11-83)

Minimum street pavement widths shall conform to the standards given in Sections 1109.05 to 1109.08, inclusive.

(Ord. 83-O-124, Passed 7-11-83)

The subgrade shall be free of sod, vegetative or organic matter, soft clay, and other objectional materials for a depth of at least two feet below the finished surface. The subgrade shall be properly rolled, shaped and compacted, and shall be subject to the approval of the Director of Public Safety and Service or his designee.

(Ord. 83-O-124, Passed 7-11-83)

The developer has the option of using any of the following base courses, based upon recommendations of the Director of Public Safety and Service or his designee as to soil and traffic conditions: aggregate, bituminous aggregate, asphaltic concrete, Portland cement concrete, or equally suitable base course. Thickness shall be determined by the Montgomery County standard drawings.

(Ord. 83-O-124, Passed 7-11-83)

Upon the expiration of the established maintenance period for the base course, the surface course shall be constructed using either asphaltic concrete, bituminous mix or Portland cement concrete. Specific material and thickness recommendations are stated in the Montgomery County standard drawings.

(Ord. 83-O-124, Passed 7-11-83)

If the subdivider elects to construct streets totally out of Portland cement concrete or if pavement is required by the Director of Public Safety and Service or his designee, thickness of seven inches for local and collector streets and nine inches for arterial, commercial and industrial streets shall be required. The City Planning Commission may require pavement or base of greater thickness, upon the recommendation of the Director of Public Safety and Service or his designee, based upon his evaluation of the subgrade, traffic and wheel load conditions.

(Ord. 83-O-124, Passed 7-11-83)

If streets are to be constructed out of "full-depth" asphalt, an asphalt pavement in which asphalt-aggregate mixture is used for all courses above the subgrade, careful inspection of the subgrade may be necessary to determine pavement thicknesses. For local streets, pavements may vary from four to six inches depending upon subgrade conditions. For collector streets, pavements shall vary from five to nine inches, and for arterial and industrial streets from six to 11 inches. Thickness shall be approved by the Director of Public Safety and Service or his designee. Any tests required to determine the condition (CBR) of the subgrade shall be ordered and paid for by the subdivider.

(Ord. 83-O-124, Passed 7-11-83)

The requirements for curbs and gutters shall vary according to the character of the area and the density of development. Curbs shall be required on all streets.

(Ord. 83-O-124, Passed 7-11-83)

All sidewalks shall be constructed of Portland cement concrete or other acceptable material to the minimum width specified in Sections 1109.05 through 1109.08 and a minimum depth of four inches in accordance with the Montgomery County standard drawings.

(Ord. 83-O-124, Passed 7-11-83)

(a)

Street name signs of a type in use throughout the City and in accordance with the Standard Drawings shall be erected by the subdivider at all intersections and at all places where streets change names.

(b)

Street names shall not duplicate the names of existing streets in the City or the County.

(c)

Whenever a new street is constructed along the approximate alignment or extension of an existing street, its name shall be the same as that of the existing one.

(d)

To avoid duplication and confusion, the proposed names of all streets shall be approved by the City Planning Commission prior to such names being assigned or used.

(e)

House numbers shall be assigned in accordance with the current house numbering system in effect in Montgomery County, Ohio.

(Ord. 83-O-124, Passed 7-11-83)

(a)

Street lights shall be installed in accordance with standards and specifications of the City in each residential subdivision which contains a majority of lots within an individual lot width of 100 feet or less at the front property line. Such lights shall be located at each entrance (streets and walkways) to the subdivision and in each street intersection within the subdivision. In addition, whenever the distance between two adjacent street (walkway) lights would exceed 300 feet, then additional street lights shall be installed in such a manner that proper light intensity shall be provided.

(b)

New subdivision street (walkway) lighting shall be installed with all associated wiring underground, wherever practical. Where underground wiring is not practical, the wiring shall be at the rear property line.

(Ord. 83-O-124, Passed 7-11-83)

The following requirements shall govern water supply improvements:

(a)

Where a public water supply is reasonably accessible or required because of pollution problems in the determination of the City Planning Commission, the subdivision shall be provided with a complete water distribution system, including a connection for each lot and appropriately spaced fire hydrants. Public water distribution and public wells systems shall meet the requirements of the Ohio E.P.A. as cited in Ohio R.C. 6111.44.

(b)

Where public water supply is not available or not required, the subdivider shall supply evidence that the Montgomery County Combined General Health District has approved the private well. The subdivider may be required to make one or more test wells in the area to be platted if such evidence is deemed not acceptable. Copies of well logs which are obtained shall include the name and address of the well driller and shall be submitted with the plat to the Commission.

(c)

Individual private wells shall be located as approved by the Combined General Health District. In all cases where it has been determined that individual water supplies from private wells are not feasible, a public water distribution system shall be required.

(d)

All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood water in the system.

(Ord. 83-O-124, Passed 7-11-83)

Fire hydrants shall have two, two and one-half inch outlets and one large pumping connection and shall be provided by the subdivider in all subdivisions with public water supplies. Hydrant shall meet Montgomery County hydrant specifications and Fire Department specifications. All hydrant outlet nozzles shall be 18 to 21 inches above finished grade. The hydrants should be located between property line and curb with pumping connection facing the street. Hydrant spacing distance shall not be over 500 feet apart, measured on the main, in single family residential districts. In multi-family residential, fire hydrants shall not be over 300 feet apart, measured on the main, and not more than 400 feet from any opening in any building.

When measuring the distance from building opening that fire hydrants may be placed, such distance shall be measured along actual fire apparatus routes of travel, and fire apparatus shall be provided with safe and unconstrained access to all fire hydrants.

The minimum size of any water line serving any hydrant shall not be less than six inches in diameter and should be circulating water lines. The size and location of water lines shall be approved by the Fire Department and meet recommended ISO Standards for commercial and industrial subdivisions.

The following provisions of the City Code apply to fire regulations of the City regarding hydrants and construction, suppression and prevention:

(Ord. 83-O-124, Passed 7-11-83)

The following requirements shall govern sanitary sewer improvements:

(a)

Where an adequate public sanitary sewer system is reasonably accessible, in the determination of the City Planning Commission, public sanitary sewers shall be installed to adequately serve all lots, including lateral connections to the public system. Public sewer system extensions shall meet the requirements of the Ohio Environmental Protection Agency (EPA). Combinations of sanitary sewers shall be prohibited.

(b)

Where a public sanitary sewer system is not reasonably accessible, the subdivider may provide:

(1)

A central treatment plant for the group, provided that such central treatment plant is installed in accordance with State and the Montgomery County Combined General Health District requirements; or

(2)

Lots may be served by individual disposal systems if the provisions of subsection (c) hereof are met.

(c)

(1)

Where the installation of individual disposal systems is considered the suitability of the soil for individual systems, the absorptive ability of the soil, surface drainage, ground water level and topography shall be the criteria for determining whether or not the installation of individual systems is permissible. Criteria shall be in accordance with the requirements of the Montgomery County Combined General Health District and the requirements of the Ohio Environmental Protection Agency (EPA).

(2)

Each lot so served shall be a size and shape to accommodate the necessary length of tile field at a safe distance from and at a lower elevation than the proposed building(s). Such lot size and shape shall conform to the requirements of the zoning district in which they are located.

(3)

At least one percolation test shall be made for each lot area being platted, each test shall be located in close proximity to the proposed individual sewage disposal unit, and each such test shall be numbered and its location shown on the preliminary plat. All percolation tests shall be performed in accordance with the requirements of the Commission and the Montgomery County Combined General Health District.

(4)

Where the installation of individual disposal units is considered and where the average natural ground slope exceeds ten percent, the installation of a step-up disposal system may be required subject to specification by the Montgomery County Combined General Health District.

(5)

In areas where public sewerage will be available in a reasonable period of time the Commission may require the installation of a sewage collection system to serve all lots.

(Ord. 83-O-124, Passed 7-11-83)

The subdivider shall construct all necessary facilities including underground pipes, inlets, catch basins or open drainage ditches, as determined by the Director of Public Safety and Service or his designee, to provide for the adequate collection of subsurface, and surface water and maintenance of natural drainage courses.

Whichever philosophy is used to dispose of this drainage, pursuant to Section 1105.05(s)(3), shall be approved by the Director or his designee. All drainage structures built under either philosophy shall be in conformance with the Montgomery County Engineer's Subdivision Drainage Guidelines and approved by the Director or his designee.

Storm drainage, including drain tile around basements, shall not be permitted to discharge into any sanitary sewer facility but shall connect to an adequate drainage outlet. All downspouts and sump pumps shall not be discharged through the curb.

(Ord. 83-O-124, Passed 7-11-83)

Where natural drainage channels intersect any street right-of-way, it shall be the responsibility of the subdivider to have satisfactory bridges and/or culverts constructed. Where culverts are required, they shall extend across the entire right-of-way width of the proposed street. The cover over the culverts and its capacity shall be approved by the Director of Public Safety and Service or his designee. The minimum diameter of a culvert pipe shall be 18 inches. Depending on existing drainage conditions, head walls may be required.

(Ord. 83-O-124, Passed 7-11-83)

(a)

Electric service and telephone service shall be provided within each subdivision. Gas service may be required where reasonably accessible. Whenever such facilities are reasonably accessible and available (they may be required to be installed within the area prior to the approval of the final plat). Telephone, electric and street lighting wires, conduits and cables shall be constructed underground except where the Director of Public Safety and Service or his designee determines that topographic, bedrock, or underground water conditions would result in excessive costs to the subdivider.

(Ord. 83-O-124, Passed 7-11-83)

The utilities, pavements and other land improvements required for the proposed subdivision may be required to be designed over-size and/or with extensions provided to serve nearby land which is an integral part of the neighborhood service or drainage area as determined by the Director of Public Safety and Service or his designee.

(Ord. 83-O-124, Passed 7-11-83)

The subdivider shall be required to pay for all utilities, pavements and other land improvements required for the proposed subdivision including any over-size improvements and extension as specified in Section 1115.21.

(Ord. 83-O-124, Passed 7-11-83)

The subdivider may be required to extend the necessary improvements to the boundary of the proposed subdivision to serve adjoining unsubdivided land, as determined by the City Planning Commission.

(Ord. 83-O-124, Passed 7-11-83)

If streets or utilities are not available at the boundary of a proposed subdivision, and if the City Planning Commission finds the extensions across undeveloped areas would not be warranted as a special assessment to the intervening properties or as a municipal expense until some future time, the subdivider may be required, prior to approval of the final plat, to obtain necessary easements or rights-of-way and construct and pay for such extensions. Such improvements shall be available for connections by subdividers of adjoining land.

(Ord. 83-O-124, Passed 7-11-83)

In those subdivisions where curbs are not installed and roadside ditches are used to convey and collect surface drainage, the developer shall provide erosion control measures where dictated by the velocity and volume of flow.

(Ord. 83-O-124, Passed 7-11-83)

Where culverts are required to carry driveways over roadside ditches in subdivisions, the construction drawings shall indicate the size, length and type of pipe necessary to carry the anticipated flow in the ditch. All required culverts shall be installed and covered as a part of the subdivision improvements, and the estimated cost of such work shall be included in any bonds posted for the plat.

(Ord. 83-O-124, Passed 7-11-83)

Upon completion of all the improvements, the subdivider shall request, in writing, a final inspection by the Director of Public Safety and Service or his designee as required under Ohio R.C. 711.091.

(Ord. 83-O-124, Passed 7-11-83)

In order to be valid, any plat of subdivision must be recorded with the County Recorder of the county in which the subdivision is located and must have received final approval in the manner prescribed in the Huber Heights regulations.

(Ord. 2011-O-1910, Passed 9-12-11)

No changes, erasures, modifications or revisions shall be made in any plat of a subdivision after approval has been given by the City Planning Commission, and endorsed in writing on the plat, unless such plat is first resubmitted to the Commission.

(Ord. 83-O-124, Passed 7-11-83)

No owner or agent of the owner of any land located within a subdivision shall transfer or sell any land by reference to, exhibition of, or by the use of a plat of the subdivision before such plat has been approved and recorded in the manner prescribed in these regulations. The description of such lot or parcel by metes and bounds in the instrument of transfer or other documents used in the process of selling or transferring shall not exempt the transaction from the provisions of these regulations.

(Ord. 83-O-124, Passed 7-11-83)

(a)

Council shall establish a schedule of fees, charges and expenses, and a collection procedure for same, and other matters pertaining to these regulations. The schedule of fees shall be posted in the office of the City Planning Commission. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal.

(b)

Following are the fees established by Council:

DEVELOPMENT

(Ord. 2011-O-1912, Passed 9-12-11)

The following regulations shall govern the granting of variances:

(a)

Where the City Planning Commission finds that extraordinary hardship may result from strict compliance with these regulations, due to exceptional topographic or other physical conditions, it may vary the regulations so as to relieve such hardship, provided such relief may be granted without detriment to the public interest and purpose of these regulations or the desirable development of the neighborhood and community. Such variations shall not have the effect of nullifying the intent and purpose of these regulations, the Comprehensive Plan or the Zoning Ordinance.

(b)

In granting variances or modifications, the Commission may require such conditions as shall, in its judgment, secure substantially the objective of the standards or requirements so varied or modified.

(c)

Prior to granting such variances or modifications, the Commission shall document in its meeting the perceived hardship and the basis for determining that the variance granted is the minimum required to relieve the perceived hardship.

(Ord. 83-O-124, Passed 7-11-83)

Any person who believes he has been aggrieved by the regulations or the action of the City Planning Commission, has all the rights of appeal as set forth in Ohio R.C. Chapter 711 or any other applicable section of the Ohio Revised Code.

(Ord. 83-O-124, Passed 7-11-83)

The following penalties shall apply to the violations of these regulations:

(a)

Whoever violates any rule or regulation adopted by Council for the purpose of setting the standards and requiring and securing the construction of improvements within a subdivision or fails to comply with any order pursuant thereto is creating a public nuisance and the creation thereof may be enjoined and maintenance thereof may be abated by action at suit of the County or any citizen thereof. Whoever violates these regulations shall forfeit and pay not less than $100.00 nor more than $1,000.00. Such sum may be recovered with costs in a civil action brought in the Court of Common Pleas of Montgomery County.

(b)

The owner or agent of the owner of any land within or without a municipal corporation who transfers any lot, parcel or tract of such land from or in accordance with a plat of a subdivision before such plat has been recorded in the office of the County Recorder, shall forfeit and pay the sum of not less than $100.00 nor more than $500.00 for each lot, parcel or tract of land so sold. The description of such lot, parcel, or tract by metes and bounds in the deed or transfer shall not serve to exempt the seller from the forfeiture provided in this section. If such land is within a municipal corporation, such sum may be recovered in a civil action brought in the Court of Common Pleas of Montgomery County by the City Attorney in the name of the City.

(c)

Any person who disposes of, offers for sale or lease for a time exceeding five years any lot or any part of a lot in a subdivision before provisions of these regulations are complied with shall forfeit and pay the sum of not less than $100.00 nor more than $500.00 for each lot or part of a lot so sold, offered for sale or leased, to be recovered with costs in a civil action, in the name of the City Treasurer for the use of the City.

(Ord. 83-O-124, Passed 7-11-83; Ord. No. 2023-O-2594, § 5, Passed 7-24-23)