The provisions of this Title Two of Part Twelve - the Planning and Zoning Code shall be known as "the Subdivision Regulations of the City of Kenton" and shall be referred to hereinafter as "these Regulations."

(Ord. 97-022. Passed 1-12-98.)

   These Regulations are adopted to secure and provide for the following:

   a.   The proper arrangement of streets or highways in relation to existing or planned streets or highways or to the official Comprehensive Development Plan.

   b.   Adequate and convenient open spaces for vehicular and pedestrian traffic, utilities, access of fire-fighting apparatus and recreation.

   c.   The establishment of standards for the construction of any and all improvements as herein required.

   d.   Conformance with the Zoning Code.

   e.   The orderly and efficient layout and the appropriate use of the land.

   f.      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.

   g.   Protection against floodplain encroachment and possible future flood damage.

   h.   The protection of and provision for the public health, safety and general welfare of the citizens.

   i.   The guidance of public and private policy and action in order to provide adequate and efficient transportation, water, sewerage and other public requirements and facilities.

(Ord. 97-022. Passed 1-12-98.)

   a.   Establishment. There is hereby established a Planning Commission for the City.

   b.   Membership; Terms. The Mayor and the Safety-Service Director shall serve, ex officio, as members of the Planning Commission. Three other members, citizens of the City, shall be appointed by the Mayor, one for a term expiring two years following appointment, one for a term expiring four years following appointment, and the third for a term expiring six years following appointment. Such members shall serve without compensation. After the expiration of each of such terms, the respective appointive terms shall each be a six-year term and shall be filled by appointment by the Mayor. Vacancies occurring during terms by reason of death, removal from the City or resignation shall likewise be filled by appointment by the Mayor.

   c.   Meetings; By-Laws. The Planning Commission shall require a quorum of three members at all of its meetings and the concurring vote of three members shall be necessary to effect any order. Meetings of the Planning Commission shall be held at the call of the Chairperson or two other members and at such other times as may be necessary. The Planning Commission shall act by resolution or motion and shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote. The minutes shall indicate each item considered by the Planning Commission and the section of these Regulations which the Planning Commission has considered in approving or disapproving any petition or other matter brought before the Planning Commission. The Planning Commission shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the City of Kenton and shall be a public record.

(Ord. 97-022. Passed 1-12-98.)

   The Planning Commission shall be responsible for the uniform administration of these Regulations, and shall make recommendations to Council when amendments to these Regulations would further the intent and objective of these Regulations.

(Ord. 97-022. Passed 1-12-98.)

   The provisions of these Regulations shall supplement any and all laws of the State of Ohio, ordinances of the City of Kenton, the City of Kenton Design Criteria and Construction Standards and Drawings, or any and all rules and regulations promulgated by authority of such laws or ordinances relating to the intent and scope of these Regulations. Whenever the requirements of these Regulations are at variance with the requirements of any law, ordinance, or regulation of the Board of Health or the Ohio Environmental Protection Agency (OEPA), the most restrictive or that imposing the higher standards shall govern.

(Ord. 97-022. Passed 1-12-98.)

   In their interpretation and application, provisions of these Regulations shall be held to be the minimum requirements for the promotion of the public health, safety and general welfare.

(Ord. 97-022. Passed 1-12-98.)

   If any part or provision of these Regulations or the application thereof to any person or circumstance is judged invalid by any court of competent jurisdiction, such judgement shall be confined in its operation to the part, provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of these Regulations or the application thereof to other persons or circumstances. The Council hereby declares that it would have enacted the remainder of these Regulations even without any such part, provision or application.

(Ord. 97-022. Passed 1-12-98.)

   These Regulations may be amended after meeting requirements as specified in the Ohio Revised Code.

(Ord. 97-022. Passed 1-12-98.)

   The arrangement, character, width and location of all arterial and collector thoroughfares or extensions thereof shall conform with the requirements of the City of Kenton Comprehensive Development Plan. If there is no Comprehensive Development Plan or if there are thoroughfares not contained in the aforementioned plan, thoroughfares shall conform to the recommendations of the Planning Commission based upon these Regulations. In addition, no final plat shall be approved if in conflict with the Zoning Code.

   For the purposes of these Regulations, certain terms or words used herein shall be interpreted as follows. The word "person" includes a firm, association, organization, partnership, trust, company, or corporation, as well as an individual. The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular. The word "shall" is a mandatory requirement, the word "may" is a permissive requirement, and the word "should" is a preferred requirement. The words "used" or "occupied" include the words "intended, designed, or arranged to be used or occupied". The word "lot" includes the words "plot" or "parcel". Regardless of capitalization, definitions are standard.

      i.   ALLEY. (See THOROUGHFARE, STREET, OR ROAD.)

      ii.   BLOCK. Property abutting one side of a street and lying between the two nearest intersecting streets crossing or terminating, or between the nearest such street and a railroad right-of-way, unsubdivided acreage or a waterway, or between any of the foregoing and any other barrier to the continuity of development or corporate lines of the City.

      iii.   BUILDING LINE. (See SETBACK LINE.)

      iv.   COMMUNITY FACILITIES. Existing planned and proposed parks, playgrounds, schools and other public lands and buildings of the City for which these Regulations are in effect.

      v.   COMPREHENSIVE DEVELOPMENT PLAN. A plan, which may consist of several maps, data, policies, and other descriptive matter, for the physical development of the City, which has been adopted by the City to indicate the general location for proposed physical facilities, including housing, industrial and business uses, major streets, parks, schools, public sites, and other similar information.

      vi.   CONSTRUCTION DRAWINGS. A complete set of engineering drawings drawn to scale containing, but not limited to, grading plans, street plans and profiles, cross sections, sanitary sewer plans and profiles, water main plans and profiles, storm sewer plans and profiles, a complete topographical layout of all existing appurtenances and structures located within the right-of-way, and any other requirement as outlined in the City of Kenton Design Criteria and Construction Standards and Drawings.

      vii.   CORNER LOT. (See LOT.)

      viii.   CUL-DE-SAC. (See THOROUGHFARE, STREET, OR ROAD.)

      ix.   DEAD-END STREET. (See THOROUGHFARE, STREET, OR ROAD.)

      x.   DEDICATION. The appropriation of land to the City of Kenton by its owner for any public use.

      xi.   DEVELOPER. Any person, subdivider, partnership, or corporation or duly authorized agent thereof who or that constructs or contracts to construct improvements on subdivided land.

      xii.   DEVELOPMENT. (See SUBDIVISION.)

      xiii.   EASEMENT. Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his or her property.

      xiv.   ENGINEER. Any person registered to practice professional engineering by the State Board of Registration as specified in the Ohio Revised Code.

      xv.   ENGINEER, CITY. Such person designated as the City Engineer for the City of Kenton.

      xvi.   IMPROVEMENTS. Street pavement or resurfacing, curbs, gutters, sidewalks, pedestrian walkways, water lines, sanitary and storm sewers, landscaping and other related matters normally associated with the development of land into building sites.

      xvii.   INSPECT OR INSPECTION. The visual observation of construction to permit the City or its representative to render its or his or her professional opinion as to whether the contractor is performing the services in a manner indicating that, when completed, the services will be in accordance with the City of Kenton Subdivision Regulations, Construction Standards and Drawings and Design Criteria. Such observations shall not be relied upon in any part as acceptance of the services, nor shall they relieve any party from fulfillment of customary and contractual responsibilities and obligations.

      xviii.   LOT. A piece or parcel of land occupied or intended to be occupied by a principal building or a group of such buildings and its accessory buildings and uses, and having frontage on an improved public or private street.

         (1)   Corner. A lot located at the intersection of two or more streets.

         (2)   Through frontage. A lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as double frontage lots.

         (3)   Interior. A lot with only one frontage on a street.

      xix.   LOT AREA. The computed area contained within the lot lines.

      xx.   LOT LINE.

         (1)   Front. A street right-of-way line forming the boundary of a lot.

         (2)   Rear. The lot line that is most distant from, and is, or is most, parallel with, the front lot line. If a rear lot line is less than fifteen feet long, or if the lot comes to a point at the rear, the rear lot line shall be a line at least fifteen feet, lying wholly within the lot, parallel to the front lot line.

         (3)   Side. A lot line which is neither a front lot line nor a rear lot line.

      xxi.   MINOR SUBDIVISION. (See SUBDIVISION.)

      xxii.   MONUMENTS. 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, which shall comply with the "Minimum Standards for Boundary Surveys in the State of Ohio."

      xxiii.   PARCEL. A piece of land that cannot be designated by lot number.

      xxiv.   PEDESTRIAN WALKWAY. A right-of-way dedicated for the purpose of pedestrian access through residential, commercial, and industrial areas, and located so as to connect to two or more streets, or a street and a public land parcel.

      xxv.   PERFORMANCE SURETY. An agreement by a subdivider or developer with the City of Kenton for the amount of the estimated construction cost, guaranteeing the completion of physical improvements according to the plans and specifications within the time prescribed.

      xxvi.   PLANNING COMMISSION. The City of Kenton Planning Commission.

      xxvii.   PLAT. A map of a tract or parcel of land, made from a survey by a registered surveyor in the State of Ohio.

         (1)   Preliminary plat. A plat showing all requisite details of a proposed subdivision, submitted to the Planning Commission for the purpose of preliminary consideration, prepared in conformance with these Regulations.

         (2)   Final plat. A plat of all or part of a subdivision providing substantial conformance to the preliminary plat of the subdivision, prepared in conformance with these Regulations and suitable for recording by the County Recorder.

      xxviii.   PROTECTIVE COVENANT. A restriction on the use of all private property within a subdivision, to be set forth on the plat and/or incorporated in each deed, for the benefit of the property owners, and to provide mutual protection against undesirable aspects of development which would tend to impair stability of values.

      xxix.   PUBLIC AREA. A portion of a subdivision which is set aside for public use and made available for public use or acquisition.

      xxx.   PUBLIC UTILITY. A firm, association, syndicate, corporation, co-partnership, municipal authority or public agency, board or commission, duly authorized to furnish, and furnishing under governmental regulations, to the public, facilities, products or services such as gas, electricity, sewage disposal, communications, telephone, transportation, water, etc.

      xxxi.   REPLATS/VACATION PLATS. Alteration, modification or adjustment of existing lots, lot lines, property lines or right-of-way lines and/or vacation thereof, within the City of Kenton, which shall require Planning Commission and City Council approval.

      xxxii.   RIGHT-OF-WAY. Land reserved, used, or to be used for a street, alley, walkway, or other public purpose.

      xxxiii.   SETBACK LINE. A line established by the Zoning Code, generally parallel with and measured from the lot line, defining the limits of a yard in which no portion of any principal structure other than an accessory building may be located, except as may be provided in said Zoning Code.

      xxxiv.   SKETCH PLAN. An informal plan or sketch showing the existing features of a site and its surroundings and the general layout of a proposed subdivision, which can be presented to the Planning Commission for informal discussions.

      xxxv.   STREET. (See THOROUGHFARE, STREET, OR ROAD.)

      xxxvi.   SUBDIVIDER. (See DEVELOPER).

      xxxvii.   SUBDIVISION. 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 shall be exempted, and that the sale or exchange of parcels between adjoining lot owners where such sale or exchange does not create additional building sites shall be exempted); 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; or 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.

         (1)   Major subdivision. Division of a lot or parcel of land into more than five lots or parcels, and/or the creation or establishment of new streets or roadways by the division of a lot or parcel of land.

         (2)   Minor subdivision. Division of a lot or parcel of land along an existing public thoroughfare into not more than five lots or parcels not establishing a new street or roadway.

      xxxviii.   SURVEYOR. Any person registered to practice surveying by the State Board of Registration as specified in the Ohio Revised Code.

      xxxix.   THOROUGHFARE, STREET, OR ROAD. 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:

         (1)   Alley. A right-of-way used primarily for vehicular service access to the back or side of properties abutting on another street.

         (2)   Arterial street. A general term denoting a highway primarily for through traffic, carrying heavy loads and a large volume of traffic, usually on a continuous route.

         (3)   Collector street. 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.

         (4)   Cul-de-sac. A local street with one end open to traffic and the other end terminating in a vehicular turnaround.

         (5)   Dead-end street. A street temporarily having only one outlet for vehicular traffic and intended to be extended or continued in the future.

         (6)   Local street. A street primarily for providing access to residential, commercial, or other abutting property.

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

      xl.   VARIANCE. A modification of the strict terms of the relevant Regulations where such modification will not be contrary to the public interest and where, owing to conditions peculiar to the property, and not the result of the action of the applicant, a literal enforcement of these Regulations would result in unnecessary and undue hardship.

      xli.   VICINITY MAP. 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 City of Kenton in order to better locate and orient the area in question.

      xlii.   ZONING CODE. The Zoning Ordinance for the City of Kenton which regulates the use of land by districts or zones and as the same may be amended or supplemented.

(Ord. 97-022. Passed 1-12-98.)

    The following penalties shall apply to violations of these Regulations:

   a.   Whoever violates any rule or regulation adopted by the City Council for the purpose of setting 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 one hundred dollars ($100.00) nor more than one thousand dollars ($1,000) for each offense. Each day such violation continues shall be considered a separate offense. Such sum may be recovered, with costs, in a civil action suit brought in the Court of Common Pleas of Hardin County.

   b.   Whoever, being the owner or agent of an owner of any land within the Municipality, 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 one hundred dollars ($100.00) nor more than five hundred dollars ($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 of transfer shall not serve to exempt the seller from the forfeiture provided in this section.

(Ord. 97-022. Passed 1-12-98.)

   Subdivision proposals may, at the discretion of the Safety-Service Director, be processed as a "minor subdivision" when the following conditions exist:

   (a)   The proposed subdivision is located along an existing improved public road and involves no opening, widening, or extension of any street or road.

   (b)   No more than five lots are involved after the original parcel has been subdivided.

   (c)   The proposed subdivision is not contrary to applicable Subdivision Regulations, Design Criteria, Construction Standards and Drawings or the Zoning Code.

   (d)   The plat and description of the property is based on a survey completed by a professional surveyor.

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

(Ord. 97-022. Passed 1-12-98.)

   (a)   The subdivider shall prepare and submit three copies of the minor subdivision plat to the Safety-Service Director. The minor subdivision plat shall be considered officially filed on the day it is received and properly noted and shall be so dated. However, the minor subdivision plat shall not be considered properly submitted until all applicable fees are paid (see Schedule of Fees - Section 1222.04) and all plats are provided to the Safety-Service Director.

   (b)   Prior to receiving consideration for a minor subdivision, a minor subdivision plat shall consist of a survey plat drawn by a registered professional surveyor, and it shall be in compliance with Hardin County platting regulations.

(Ord. 97-022. Passed 1-12-98.)

   The minor subdivision plat shall contain the following information:

   (a)   Name of the subdivider;

   (b)   Location by section, range or township or by subdivision name and lot number;

   (c)   Date, north arrow, scale, and acreage, to thousandths of an acre;

   (d)   Abutting streets;

   (e)   Existing buildings, septic facilities and wells, if applicable;

   (f)   100-year floodplain elevations and delineations; and

   (g)   Approval signature lines with the date for the Planning Commission and County Engineer.

   The minor subdivision plat shall be clearly and legibly drawn. A plat shall indicate the size of the parcel, existing and proposed rights-of-way within 100 feet; existing and proposed ownership; any existing parcel within 100 feet, its owner and size; a north arrow; and the professional surveyor's signature and seal.

(Ord. 97-022. Passed 1-12-98.)

   Any of the following information may be required by the Planning Commission or the Safety-Service Director 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 and easements, and the proposed ground cover.

   (b)   Spot elevations.

   (c)   Other information as deemed necessary by the Planning Commission or the Safety-Service Director in order to create building sites and promote the public health, safety and welfare.

(Ord. 97-022. Passed 1-12-98.)

   (a)   The Planning Commission or the Safety-Service Director shall approve or disapprove the minor subdivision within fifteen days after it has been officially and properly submitted. If approval is granted under these conditions it shall be signed and dated as approved.

   (b)   If the proposed minor subdivision is disapproved, the subdivider shall be notified in writing stating the grounds for disapproval.

(Ord. 97-022. Passed 1-12-98.)

   The purpose of the preliminary plat is to show on a map all the facts which may enable the Planning Commission to determine whether the proposed layout of land, including street layout, utilities and storm water controls, is satisfactory from the standpoint of the public interest. The plat shall be prepared by a registered surveyor of the State. Approval of the preliminary plat, in effect, provides a "concept approval" of the subdivision proposal.

(Ord. 97-022. Passed 1-12-98.)

   The subdivider shall prepare and submit six copies of the preliminary plat of the proposed subdivision and the construction plans, along with a completed preliminary plat checklist, with remarks, to the Planning Commission.

   (a)   The preliminary plat shall be considered officially filed on the day it is received and properly noted and shall be so dated.

   (b)   The preliminary plat shall not be considered properly submitted until all applicable fees are paid by the developer (see Schedule of Fees - Section 1222.04).

   (c)   All plats and plans are provided to the Safety-Service Director.

   (d)   The subdivider shall provide a copy of the preliminary plat to the local utility companies.

(Ord. 97-022. Passed 1-12-98.)

   The preliminary plat shall be clearly and legibly drawn. The size of the plat shall not be less than twenty-four inches by thirty-six inches. If the preliminary plat is to be drawn in sections, each section shall be accompanied by a key map, showing the location of the sections. The plat of a subdivision containing six acres or less shall be drawn to a scale of one inch equals fifty feet. All other subdivisions shall be drawn to a scale of one inch equals 100 feet.

(Ord. 97-022. Passed 1-12-98.)

   The preliminary plat shall clearly show the following features and information:

   (a)   Items of Title.

      (1)   Proposed name of the subdivision. The name of the subdivision and proposed streets shall not duplicate, or too closely approximate, the name of any other subdivision or street, subject to Planning Commission approval.

      (2)   Location by numerically labeled inlot or outlot.

      (3)   Name and address of the property owner/developer.

      (4)   Scale of the plat.

      (5)   North arrow.

      (6)   Name and address of the professional surveyor who prepared the plat, as well as the stamp and signature of the surveyor certifying the accuracy of the plat.

      (7)   Date of preparation.

      (8)   Location by section, town or range or by other legal description.

      (9)   Signature line and date for the Planning Commission Chairperson.

      (10)   Stamp and signature of the professional surveyor.

   (b)   Existing Site Conditions/Characteristics.

      (1)   Perimeter boundaries of the proposed subdivision indicated by a heavy solid line, and the approximate acreage comprised therein.

      (2)   Locations, widths and names of all existing or platted streets, indicated as to: dedicated, undedicated, constructed or unimproved, official thoroughfares or other public ways, railroad and utility rights-of-way, easements, parks and other open spaces, permanent buildings, section and corporation lines within or adjacent to the subject tract.

      (3)   Location and size of all existing utilities: sewers, water mains, telephone, electric, gas, culverts or other underground items located within or adjacent to the subject tract.

      (4)   Names of adjacent subdivisions and owners of adjoining parcels.

      (5)   Topographic map of such proposed subdivision submitted with the preliminary plat, showing one-foot contour intervals for all land within and fifty feet adjacent to, the subject site.

      (6)   Current zoning classification of the tract and adjoining properties.

      (7)   The vicinity map shown on the preliminary plat.

   (c)   Proposed Site Conditions/Characteristics.

      (1)   Street layout, including street names and widths, alleys, cross-walkways and easements and their dimensions.

      (2)   Layout, numbers and approximate dimensions of lots, including lot area (as measured in acres or square feet).

      (3)   Parcels of land intended to be dedicated or temporarily reserved for public use, and the conditions of such dedication or reservation.

      (4)   Setback lines, along all streets, with dimensions.

      (5)   An indication of the proposed zoning designation to identify the potential development so as to reveal the nature of the impact the proposal will have on traffic flow, fire hazard, congestion, public utility capacities and required services.

      (6)   A typewritten copy of the protective covenants or deed restrictions, if any.

      (7)   Indication of any developmental phasing or staged development timing.

   (d)   Construction Plans. The proposed preliminary subdivision plat shall be accompanied by preliminary construction plans consisting of:

      (1)   A centerline profile for each street shown thereon, drawn to a scale of at least one inch equals 100 feet.

      (2)   A preliminary layout, drawn to a scale of at least one inch equals 100 feet, including proposed placement of water lines, sanitary sewers and storm sewers. These may be incorporated in the above preliminary plat.

      (3)   A preliminary drainage plan including a proposed storm detention location. This may be incorporated in the above preliminary plat.

(Ord. 97-022. Passed 1-12-98.)

   (a)   The Safety-Service Director shall check for completeness of the preliminary plat as required by these Regulations. When completed, the Safety-Service Director shall schedule a Planning Commission meeting.

   (b)   The Planning Commission shall review all details of the proposed subdivision within the framework of the Zoning Code, the various elements of these Regulations, the Design Criteria, the Construction Standards and Drawings, and the various elements of the Comprehensive Development Plan.

   (c)   The Planning Commission shall give careful study to the preliminary plat, taking into consideration the requirements of the community and the best possible use of the land to be subdivided, together with its prospective character, whether residential, commercial or industrial. Attention shall be given to street widths, arrangement and circulation; surface drainage; lot sizes and arrangements; and such neighborhood and community requirements as parks, school and playground sites and main thoroughfare widths and locations.

   (d)   The 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. This shall include at least the City Engineer.

   (e)   After receipt of such reports from such officials and agencies, the Planning Commission shall determine whether the preliminary plat shall be approved, approved with modifications, or disapproved. If a plat is disapproved, the reasons for disapproval shall be stated in writing and recorded in the minutes of the Planning Commission meeting.

   (f)   The Planning Commission shall act on the preliminary plat within thirty days after filing unless such time is extended by agreement with the subdivider. When a preliminary plat has been approved by the Planning Commission, the Chairperson shall sign and date all copies and return one to the subdivider.

(Ord. 97-022. Passed 1-12-98.)

   The approval of a preliminary plat shall be effective for a maximum period of twelve months unless the first section has been filed for final approval. If no subsequent sections are filed within three years from the recording of the previous sections, the approval of the remainder of the preliminary plat is no longer effective. The terms under which the approval is granted will not be affected by changes to these Regulations during the maximum period of twelve months.

(Ord. 97-022. Passed 1-12-98.)

SUBDIVISION                                                                                             

DATE                             

This list is not all inclusive, but is to be used as a guideline for submittals and reviews.

 

(Ord. 97-022. Passed 1-12-98.)

   The subdivider, having received approval of the preliminary plat of a 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 that time. The final plat and the supplementary information shall be certified by a professional surveyor. Construction plans, drawings and specifications shall be certified by a professional engineer.

(Ord. 97-022. Passed 1-12-98.)

   The subdivider shall prepare and submit the following:

    (a)   Six copies of the final plat of the proposed subdivision.

    (b)   Three copies of construction drawings related to the improvements to be constructed in the proposed subdivision.

    (c)   Two copies of an itemized engineer's estimate with quantities for all proposed improvements, including the estimate of cost for each item.

   (d)   A copy of the storm sewer and storm detention calculations and other applicable calculations for design.

   (e)   A completed final plat checklist with remarks.

   (f)   A completed final construction plan checklist with remarks (see Design Criteria for list.)

   All final plats, construction drawings and supporting documents shall meet all Design Criteria and Construction Standards and Drawings established by the City of Kenton, the Zoning Code of the City of Kenton, or requirements established by other governmental organizations having jurisdiction over the improvements. The most restrictive requirements shall apply.

   The final plat shall be considered officially filed on the day it is received and properly noted and shall be so dated. However, the final plat shall not be considered properly submitted until all applicable fees are paid by the developer (see Schedule of Fees - Section 1222.04) and until all plans, supporting documents and materials are provided to the Safety-Service Director.

(Ord. 97-022. Passed 1-12-98.)

   (a)   The final plat shall be clearly legibly drawn on reproducible mylar. The size of the plat shall be twenty-four inches by thirty-six inches. The plat of a subdivision containing five acres or less shall be drawn to a scale of one inch equals fifty feet. All other subdivisions shall be drawn to a scale of one inch equals 100 feet. The minimum lettering height shall be three thirty-seconds of an inch and all lot dimensions shall be one-eighth of an inch or larger. Lot number lettering shall be one-quarter of an inch or larger and underlined or circled.

    (b)   If the final plat is drawn in two or more sections, each section shall be accompanied by a key map showing the locations of the sections. All final plat sections shall either totally include or totally exclude intersections and all lots fronting such intersections.

    (c)   Construction drawings shall be submitted in the form stated in the City of Kenton Design Criteria. The plans shall consist of the required improvements stated in these Regulations.

(Ord. 97-022. Passed 1-12-98.)

   The final plat shall contain the following information:

    (a)   Name of the subdivision (which shall not duplicate or closely resemble the name of any other subdivision in the County), location by section, town, range and township, or by other survey number, date, north arrow and basis of bearing, acreage to thousandths of an acre (total lot acreage and total street acreage) and deed book and page reference.

    (b)   Names and addresses of the subdividers, and the professional engineer and registered surveyor who prepared the plat and appropriate registration numbers and seals.

   (c)   The total area being platted, including all perimeter courses outlined by a heavy-line border. Courses are to be listed in a clockwise direction. All dimensions, both linear and angular, shall be determined by an accurate control survey in the field. The error of closure shall conform to the Ohio Administrative Code.

   (d)   Bearings and distances to the nearest centerline of intersecting roads or the intersection of right-of-way lines; lot corners of recorded plats with plat reference; or section corners or quarter section corners.

    (e)   Names, exact locations, dimensions and right-of-way widths of all streets and railroads within and adjoining the plat and building setback lines. Street names shall be approved by the Planning Commission.

   (f)   Radii, internal angles, points of curvature, tangent bearings, lengths of arcs and chord length bearings of all applicable streets within the plat area.

   (g)   The exact locations, dimensions and uses of easements.

    (h)   All lots accurately dimensioned in feet and hundredths of feet, with lot numbers and acreage. The lot numbers shall be consecutive for each platted section and shall be placed in the center of the lot with acreage under the lot number. Replatted lots shall illustrate existing lot numbers, lot lines dashed and utility easements on the plat.

   (i)   Accurate location and a description of all monuments as to type, size, and whether the monument was found or set. If a monument has been omitted, a notation shall appear on the plat indicating the reason for the omission, or if it has been offset, its true location in relation to the property corner or lot corner shall be noted.

   (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)   Any restrictions and covenants.

   (l)   Certification containing the following:

      (1)   The total acres being subdivided;

      (2)   Current ownership; and

      (3)   Deed reference.

   (m)   Acknowledgment dedication statement of the owner or owners to the plat and restrictions, including dedications to public use of all public 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 said utilities and for providing of ingress to and egress from the property for said purposes, and are to be maintained as such indefinitely."

      A statement of intention and request for the vacation of lot lines and easements on previously platted properties, and the signature of authorized representatives of local utility companies (electric, telephone, cable television, etc.) acknowledging the abandonment of easements shall also be provided.

   (n)   The names of record of all abutting parcels with deed reference, acreage and survey record reference, if applicable. Platted land shall show the name of the subdivision, lot numbers, plat book and page reference.

   (o)   Any section lines, corporation limits, township and county lines accurately documented and located on the plat and their names lettered thereon.

   (p)   Location of permanent facilities and easements for the same used for drainage control, such as detention ponds, retention ponds, infiltration beds etc., and a statement of the provisions for the maintenance of these facilities.

   (q)   Approval signature lines with the date for the President of Council, the Mayor, the Clerk of Council, the Planning Commission Chairperson and the County Engineer.

(Ord. 97-022. Passed 1-12-98.)

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

   (a)   If a zoning change is involved, certification from the Safety-Service Director 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 agencies, or that a bond or other surety has been furnished assuring 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 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 Planning Commission may consult with expert persons or agencies for technical assistance and advice.

   (e)   These construction plans shall be submitted to the OEPA for approvals as required. Certification of OEPA approval shall be provided on the plans where applicable. Construction shall not commence until such approvals are granted.

   (f)   The City Engineer's signature shall be provided on approved construction plans to verify compliance with the applicable specifications and the requirements of these Regulations.

(Ord. 97-022. Passed 1-12-98.)

   The Planning Commission shall approve or disapprove a final plat within thirty days after it has been officially and properly filed with the Planning Commission and so noted in the minutes. Failure of the Planning Commission to act upon the final plat within such time shall be deemed approval of the plat. If the plat is disapproved, the grounds for disapproval shall be stated in the records of the Planning Commission, and a copy of said record shall be forwarded to the subdivider; the subdivider shall make the necessary corrections and resubmit the final plat within thirty days to the Planning Commission for final approval. When the final plat has been approved by the Planning Commission, the original shall be forwarded to the City Council for its approval and endorsement. The original shall be returned to the subdivider.

(Ord. 97-022. Passed 1-12-98.)

   After a final plat has been approved by the Planning Commission, dedications accepted by the Council and the necessary approval endorsed in writing thereon, the subdivider shall record the plat in the office of the County Recorder. The final plat shall be recorded in the office of the County Recorder as required by law within sixty days after the date of final approval. The subdivider shall furnish the City with a reproducible copy of the recorded plat.

(Ord. 97-022. Passed 1-12-98.)

SUBDIVISION                                                                                             

DATE                             

This list is not all inclusive, but is to be used as a guideline for submittals and reviews.

 

(Ord. 97-022. Passed 1-12-98.)

   In order that the City has assurance that the construction and installation of improvements, such as street surfacing, curbs, gutters, storm sewers and appurtenances, sanitary sewers, waterlines, sidewalks, street lighting, street signs and other required improvements, will be constructed, the subdivider shall provide a performance surety.

   (a)   Performance Surety. To get a final plat signed by the Mayor and Clerk before improvements, the subdivider shall furnish either a bond, executed by a surety company, cash deposit (certified check) or irrevocable letter of credit (the form must be approved by the City Law Director) equal to the cost of construction of such improvements as shown on the plans, and based on an estimate approved by the City Engineer.

   The performance bond, cash deposit (certified check) or irrevocable letter of credit to the City of Kenton shall run for a period of one year and be extendable for two years from the date of execution, and shall provide that the subdivider, its or his or her heirs, successors and assigns, agents or servants, will comply with all applicable terms, conditions, provisions and requirements of these Regulations, and will faithfully perform and complete the work of constructing and installing such facilities or improvements in accordance with such laws and Regulations. Before said bond is accepted it shall be approved by the City Law Director. Whenever a cash deposit (certified check) is made, the same shall be made out to the City of Kenton.

   (b)   Extension of Time. If the construction or installation of any improvement or facility, for which guarantee has been made by the developer in the form of a bond or cash deposit, is not completed within two years from the date of final approval of the record plat, the developer may request the City of Kenton to grant an extension, provided he or she can show reasonable cause for the inability to complete said improvements within the required two years.

    (c)   Failure to Complete Improvements. When required improvements have not been installed within the terms of such performance surety, the City may thereupon declare the surety to be in default and require that all the improvements be installed regardless of the extent of the building development at the time the bond is declared to be in default. The same shall apply whenever construction of improvements is not performed in accordance with applicable standards and specifications.

    (d)   Acceptance of Dedication Offers. Acceptance of formal offers of dedication of streets, public areas, easements, and parks shall be by ordinance of the City Council. The approval by the Planning Commission of a subdivision plat shall not be deemed to constitute or imply the acceptance by the local government of any street, easement, or park shown on said plat.

(Ord. 97-022. Passed 1-12-98.)

   (a)   Periodic inspections during the installation of improvements shall be made by the City of Kenton to insure conformity with the approved plans and specifications as required by these Regulations.

    (b)   The subdivider shall notify proper City officials at least twenty-four hours before each phase of the improvements is ready for inspection. The presence and/or absence of an inspector during construction shall not relieve the subdivider from the responsibility of complying in full with the City of Kenton Construction Standards and Drawings and the responsibility of completing all improvements to the satisfaction of the City of Kenton. See the City of Kenton Design Criteria for inspection requirements. The City will require improvement inspection fees (see Schedule of Fees - Section 1222.04).

(Ord. 97-022. Passed 1-12-98.)

   (a)   The applicant shall be required to maintain all improvements, if required, until approval of said improvements. Once the required public improvements have been constructed and approved in the subdivision, and prior to the release of the performance surety, the subdivider shall post with the City a maintenance surety in the amount of ten percent of the performance surety and in a form as approved by the City Law Director.

    (b)   No public improvements shall be approved until the subdivider has posted an approved maintenance surety, and this maintenance surety will extend for one year from the actual date that the final punch list has been completed and approved by the City.

   (c)   Acceptance by the City of the public improvements will not take place until the City releases the maintenance surety and receives record drawings as outlined in the City of Kenton Design Criteria of construction plans, including all utilities (i.e. sanitary sewers, storm sewers, gas and water). Record drawings shall be stamped by a registered professional engineer or surveyor verifying the accuracy of the drawings.

   (d)   Prior to release of the maintenance surety by the City, the developer shall have paid all public improvement fees required by these Regulations and have completed all maintenance punch list items.

(Ord. 97-022. Passed 1-12-98.)

   (a)   The Planning Commission may defer or waive at the time of final approval, subject to appropriate conditions, the provision of any or all such improvements as, in its judgment, are not requisite in the interests of the public health, safety, and general welfare, or which are inappropriate because of inadequacy or lack of connecting facilities.

   (b)   Whenever it is deemed necessary by the Planning Commission to defer the construction of any improvement required herein because of incompatible grades, future planning, inadequate or lack of connecting facilities, or for other reasons, the applicant shall pay his or her share of the costs of the future improvements as approved by the City Engineer and Council to the City of Kenton prior to signing of the final subdivision plat.

(Ord. 97-022. Passed 1-12-98.)

   As determined by the Safety-Service Director, zoning permits will be issued when the extent of the street improvements is completed with curb and asphalt being installed. However, the subdivider is responsible for any damage to improvements.

(Ord. 97-022. Passed 1-12-98.)

   (a)   The regulations contained in this chapter and the City of Kenton Design Criteria and Construction Standards and Drawings, 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, the 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.

    (b)   The Planning Commission has the responsibility of reviewing the design of each future subdivision early in its design development. The Planning Commission shall ensure that all the requirements of this chapter and the City of Kenton Design Criteria and Construction Standards and Drawings are met.

(Ord. 97-022. Passed 1-12-98.)

   The arrangements, character, width, and location of all arterial and collector thoroughfares or extensions thereof shall conform to the adopted City of Kenton Comprehensive Development Plan. If there is no Comprehensive Development Plan or if there are thoroughfares not contained in the aforementioned Plan, thoroughfares shall conform to the recommendation of the Planning Commission, based upon the design standards set forth in this chapter and the City of Kenton Design Criteria and Construction Standards and Drawings. In addition, no final plat shall be approved if in conflict with the Zoning Code.

(Ord. 97-022. Passed 1-12-98.)

   If the Planning Commission finds that land proposed to be subdivided is unsuitable for subdivision development due to flooding, bad drainage, topography, inadequate water supply 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 desired purpose, the Planning 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. 97-022. Passed 1-12-98.)

   (a)   The arrangements, character, extent, width, grade, construction, and location of all streets shall conform to the Comprehensive Development Plan of the City, and shall conform to the City of Kenton Design Criteria and Construction Standards and Drawings. Street design shall take into consideration the relationship to existing and planned streets, topographical conditions, and public convenience and safety, and the appropriate relation to the proposed uses of 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 plat, the necessary right-of-way for the widening, continuance, or alignment of such streets in conformity with the Comprehensive Development Plan.

   (b)   The subdivider shall improve all streets which are part of the subdivision, including that portion of the subdivision located on existing streets. The required improvements shall be such that all items of work are in accordance with the City of Kenton Design Criteria and Construction Standards and Drawings. Existing streets shall be improved so that they meet the above standards, including storm drainage.

   (c)   Curbs and gutters shall be required for all streets, including existing streets.

   (d)   Appropriate access to and from any subdivision in the form of a standard City street with required improvements must be provided by a developer in instances where development is not located contiguously along an improved public street right-of-way. No subdivision shall be approved where a parcel, tract or lot has frontage only on the "stub end" of a discontinued or dead-end street. Such street must first be extended or reconstructed as a cul-de-sac in accordance with these Regulations. No subdivision showing reserved strips controlling the access to public ways will be approved.

   (e)   All street widths shall conform to the City of Kenton Design Criteria and Construction Standards and Drawings. In cases where the designation of the street is in question, the Planning Commission shall determine the type of street designation.

(Ord. 97-022. Passed 1-12-98.)

   (a)   Street name signs and other traffic control signs shall be erected by the City.

   (b)   For purposes of street naming, the following is recommended:

      (1)   "Circle", "Place", or "Court" should be used only for cul-de-sac type streets.

      (2)   The words north, south, east, or west should be avoided as part of a street name whenever possible.

   (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 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 the City of Kenton.

(Ord. 97-022. Passed 1-12-98.)

   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 and only if a temporary turnaround satisfactory to the Planning Commission in design is provided.

   (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)   Alleys shall not be approved.

(Ord. 97-022. Passed 1-12-98.)

   Streets serving business developments and accessory parking areas shall be planned to connect with arterial streets or marginal access drives so as not to generate traffic problems. 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. The location of streets and driveways for business developments shall conform to the City of Kenton Design Criteria and Construction Standards and Drawings.

(Ord. 97-022. Passed 1-12-98.)

   Collector streets for industrial subdivisions shall be planned to serve industrial areas exclusively and shall connect with arterial streets so that no industrial traffic will be directed into any residential street. Streets shall be planned to be extended to the boundaries of any adjoining land planned for industry, except when severe physical conditions exist or if the Planning Commission finds such extension is not in accordance with the approved plan of the area. The location of streets and driveways for industrial developments shall conform to the City of Kenton Design Criteria and Construction Standards and Drawings.

(Ord. 97-022. Passed 1-12-98.)

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

    (b)   Watercourses. The subdivider shall dedicate rights-of-way or provide easements for storm drainage purposes which conform substantially to 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 rights-of-way or easements shall be of a width which will provide for the maintenance needs of the channel and incidental structures as determined by the Planning Commission. Easements shall be provided for the entire area of detention basins or retention ponds.

(Ord. 97-022. Passed 1-12-98.)

   (a)   Sidewalks shall be required on both sides of all streets.

   (b)   All sidewalks shall be constructed in accordance with the City of Kenton Design Criteria and Construction Standards and Drawings. A developer who constructs a sidewalk is responsible for curb ramps at intersections and any sidewalk located on a public access that may be dedicated to the City at a later time. Homeowners will be required to install sidewalks on individual properties within six months of finalized building construction (occupation of the building). Two years after that particular phase of the subdivision is accepted, sidewalks must be installed on all lots by whoever owns the properties. If the sidewalks are not installed, the City will perform the installation and assess the property owner for all costs incurred.

(Ord. 97-022. Passed 1-12-98.)

   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 this chapter and to the street design criteria established in the City of Kenton Design Criteria and Construction Standards and Drawings, and shall be arranged to accommodate lots and building sites of the size and character required for the zoning district as set forth in the Zoning Code and to provide for the required community facilities.

   (b)   The Planning Commission may require that the characteristics of blocks bear close relation to the use of the land.

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

    (d)   No block shall be longer than 1,400 feet nor less than 300 feet and the block width shall accommodate two tiers of lots, except where unusual topography or other exceptional physical circumstances exist.

   (e)   Where blocks are over 900 feet in length, a pedestrian walkway easement 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, and other facilities. The Planning Commission has the authority to require an easement of ten feet, five feet from each lot through the tier of two lots, for pedestrian access to schools, playgrounds, or other facilities. The pavement width for a sidewalk shall conform to the City of Kenton Design Criteria and Construction Standards and Drawings.

   (f)   All block corners shall be rounded with a radius of not less than ninety feet measured at the back of the curb.

(Ord. 97-022. Passed 1-12-98.)

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

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

    (b)   All lots shall conform to or exceed the requirements for the zoning district in which they are located and the use for which they are intended.

    (c)   All lots shall abut by their full frontage on a publicly dedicated street or a street that has received the legal status of such. The minimum lot size, widths, and setbacks, shall be as specified in the Zoning Code.

   (d)   All side lot lines shall be as close to right angles as possible to the street line and radial to curved street lines, except where the 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 Planning Commission determines it is essential to provide separation of residential development from arterial streets.

    (f)   All corner lots shall have front yard setbacks on both streets, and lots shall be of an area sufficient to permit an adequate building site.

    (g)   No lot shall have an average depth which is more than three times its average width, nor shall it have a depth of less than 110 feet, except that, whenever a lot fronts upon an exterior curved portion of a street, lot depth may be reduced to not less than 100 feet.

   (h)   In the case of vacation of lots, or parts of lots, in the City, previously recorded in the office of the County Recorder, the same procedure, rules and regulations shall apply as for a new plat, except that a preliminary plat may not be required. The title of the vacation plat shall indicate what is being vacated, and the final plat shall include enough of the surrounding plat or plats to show its relations to adjoining areas.

    (i)   Whenever a subdivider or developer proposes a re-subdivision of a plat previously recorded in the office of the County Recorder, he or she shall follow the same procedures as for a new plat, except that a preliminary plat may not be required if changes in street alignment or similar changes are not included in the proposal. The lots in the resubdivision shall conform as to size and arrangement to the requirements of these Regulations and the appropriate requirements of the Zoning Code of the City of Kenton. 

   (j)   When a preliminary plat is submitted, all lots shall have the front setback lines clearly marked on them.

(Ord. 97-022. Passed 1-12-98.)

   (a)   A survey shall be made by a registered surveyor and shall conform to the "Minimum Standards for Boundary Surveys in the State of Ohio."

   (b)   Permanent markers shall be set at all exterior subdivision boundary corners and intersections of change, at the point of curvature and point of tangent of all curves and where the radius of direction changes. The intent is to identify and establish all lines of the plat. All monuments or permanent markers shall be placed prior to City acceptance of improvements.

   (c)   Monument boxes with permanent markers shall be set at all street intersections and on all points of intersections. If the points of intersections are not in the paved area of the street, the monument boxes with permanent markers shall be placed at the point of curvature and point of tangent of all curves.

   (d)   All monuments and permanent markers shall be set as shown on the final plat. The size, location and type of material used shall also be shown. A professional surveyor's affidavit shall be filed in the plat volume and cross-referenced with the original plat when, for any reason, a monument or permanent marker must be offset from the original location or the type of permanent marker is changed.

   (e)   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. 97-022. Passed 1-12-98.)

   The subdivider is responsible for all equipment, labor and materials for trenching, backfilling and conduit, where necessary for all street lights to be installed. The City of Kenton will pay for the street lights. Such lights shall be located at each street intersection within the subdivision. Street and walkway lighting (AEP standard street lights) shall be installed at a distance of no more than 250 feet apart. New subdivision street (walkway) lighting, trenching and backfilling shall be performed by the subdivider with all associated wiring underground. The subdivider shall place the layout of street lighting on the construction plans for City review and approval.

(Ord. 97-022. Passed 1-12-98.)

   The subdivider shall install a public water system, if applicable, to adequately serve all lots, including lateral connections to the public system. Public water system extensions shall meet the requirements of the Ohio Environmental Protection Agency and conform to the standards and specifications established in the City of Kenton Design Criteria and Construction Standards and Drawings.

(Ord. 97-022. Passed 1-12-98.)

   The subdivider shall install public sanitary sewers 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 and conform to the standards and specifications of the City of Kenton Design Criteria and Construction Standards and Drawings.

   No individual septic systems or combined sanitary and storm sewers shall be allowed.

(Ord. 97-022. Passed 1-12-98.)

   (a)   The subdivider shall construct all necessary facilities, including underground pipes, inlets, catch basins, open drainage ditches, and detention basins, as approved by the City Engineer, to provide for adequate disposal of subsurface and surface water and maintenance of natural drainage courses. The developer shall also provide all necessary soil sediment pollution control. Design and construction shall be in accordance with the Design Criteria and Construction Standards and Drawings of the City of Kenton. Adequate provision shall be included in the design and construction to accommodate all upstream drainage and, where necessary, extend all drainage improvements to plat limits.

    (b)   It shall state on the final plat that all natural watercourses, detention basins, retention ponds and appurtenances shall be maintained by the property owner. An easement shall be provided to ensure that there will not be any building within the drainage area and to provide for major maintenance and inspection. See the design criteria for inspection and ownership of detention basin requirements and for placement of the statement on deeds.

(Ord. 97-022. Passed 1-12-98.)

   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, minimum requirements shall be observed as follows:

   (a)   All culverts and bridges shall extend, at a minimum, across the entire right-of-way width of the proposed street. The cover over the culvert and its capacity shall be approved by the City Engineer. Headwalls are required.

   (b)   Driveway culverts shall be as approved in accordance with the City of Kenton Design Criteria and Construction Standards and Drawings. The driveway culverts shall be laid so as to maintain the flow lines of the ditch or gutter. Headwalls are required.

   (c)   All culverts and bridges shall conform to the City of Kenton Design Criteria and Construction Standards and Drawings.

(Ord. 97-022. Passed 1-12-98.)

   (a)   Electric, gas, cable television, and telephone service shall be provided within each subdivision. Telephone, electric, and street lighting wires, conduits, and cables shall be constructed underground, except in cases where the City determines that topographic, bedrock, or underground water conditions would result in excessive cost to the subdivider.

   (b)   Overhead utility lines, where permitted, shall be located at the rear of all lots. The width of the easement per lot shall be not less than ten feet and the total easement shall be not less than twenty feet.

   (c)   Whenever a sanitary sewer, water main or storm sewer, and electric and/or telephone lines are each placed underground in the same utility easement, the following provisions shall be applicable:

      (1)   The total easement width shall not be less than twenty feet.

      (2)   The sanitary sewer, water main or storm sewer shall be installed on one side of the easement.

      (3)   Electric, gas, cable television, and telephone lines shall not be installed within five feet of the sanitary sewer, water main or storm sewer.

(Ord. 97-022. Passed 1-12-98.)

   The utilities, pavements, and other land improvements required for the proposed subdivision shall be designed to incorporate any required over-sizing and any extensions needed to provide service to nearby adjoining lands as determined by the City. (Ord. 97-022. Passed 1-12-98.)

   The subdivider shall be required to pay for all of the construction costs for the installation of utilities which are serving the proposed subdivision as determined by the City and the subdivider's estimates. The City may elect to have the utilities over-sized to service the surrounding areas, provided the improvement is beneficial to the City. The City shall pay the difference between the cost of the requirements of the subdivision and the required over-sized improvements as follows:

   (a)   Water Mains. A subdivider shall install water mains according to the City's specifications. The difference in cost of materials between the minimum required size of pipe and appurtenances and over-sized pipe required by the City will be paid by the City.

   (b)   Sanitary Sewers. A subdivider shall install sanitary sewers according to the City's specifications. The difference in cost of materials between the minimum required size of pipe and appurtenances and over-sized pipe required by the City will be paid by the City. The construction cost difference as determined by the City Engineer for the minimum depth needed for installation, and the greater depth of installation required by the City, will be paid by the City.

    (c)   Storm Sewers. A subdivider shall install storm sewers according to the City's specifications. The difference in cost of materials between the minimum required size of pipe and appurtenances and over-sized pipe required by the City will be paid by the City. The construction cost difference as determined by the City Engineer for the minimum depth needed for installation and the greater depth of installation required by the City will be paid by the City.

    (d)   Streets. The type and composition of street paving and surfacing shall be installed as per current City specifications, or County engineering specifications, where applicable, and shall be commensurate with the volume, street classification, character and general circulation requirements, as determined by the City. The cost of materials for the paved surface and its sub-base of an existing street, and any over-sizing cost in excess of the owner's required responsibility needed to meet the dimensional standards for roadways, as shown on the City of Kenton Comprehensive Development Plan, shall be at the City's expense. The costs for the minimum street width, as required by these Regulations, including curb, gutter, and sidewalks, shall be the developer's responsibility and at his or her expense.

(Ord. 97-022. Passed 1-12-98.)

   The subdivider shall be required to extend the necessary improvements to the boundary of the proposed subdivision to serve adjoining un-subdivided land.

(Ord. 97-022. Passed 1-12-98.)

   If streets or utilities are not available at the boundary of a proposed subdivision, the subdivider will be responsible for extending those streets or utilities, obtaining necessary easements or rights-of-way, and constructing and paying for such extensions to serve the proposed subdivision. Such improvements shall be available for connection by subdividers of adjoining land and become the property of the City of Kenton.

(Ord. 97-022. Passed 1-12-98.)

   (a)   Any subdivision that lies outside the corporation limits of the City of Kenton, but is connected to any of the City's utilities, must comply with these Regulations, the City of Kenton Design Criteria and Construction Standards and Drawings.

    (b)   If a subdivision is connected to any one of the City of Kenton utilities. the residents of that subdivision, at the time annexation is determined to be possible by the City. must not oppose annexation. A statement to this effect must be included with each property deed and recorded in the office of the County Recorder.

(Ord. 97-022. Passed 1-12-98.)

   Record drawings shall be furnished to the City before a final maintenance inspection. The submittal of record drawings shall be as outlined in the City of Kenton Design Criteria.

(Ord. 97-022. Passed 1-12-98.)

   No plat of any subdivision shall be recorded or have any validity until said plat has received final approval in the manner prescribed in these Regulations.

(Ord. 97-022. Passed 1-12-98.)

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

(Ord. 97-022. Passed 1-12-98.)

   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 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. 97-022. Passed 1-12-98.)

   (a)   The City of Kenton Council establishes the following schedule of fees:

 

 

   (b)   The schedule of fees shall be posted in the office of the City Clerk and may be altered or amended only by the City of Kenton Council. Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application or appeal.

(Ord. 97-022. Passed 1-12-98.)

   The following regulations shall govern the granting of variances:

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

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

(Ord. 97-022. Passed 1-12-98.)

   Any person who believes he or she has been aggrieved by these Regulations or any action of the Planning Commission, has all the rights of appeal as set forth in the Ohio Revised Code.

(Ord. 97-022. Passed 1-12-98.)