(a)   The following regulations are hereby declared to be the law regulating the subdivision of land within the city and shall hereinafter be referred to as these regulations. (Ordinance 99-207, passed January 10, 2000, and codified as Title One of this Part Eleven - Zoning Ordinance.)

   (b)   The authority for the preparation, adoption and implementation of these Subdivision Regulations is vested in the Planning Commission and City Council, and is derived from R.C. § 711.09, which enables the two bodies to adopt uniform rules and regulations governing plats and subdivisions of land falling within their legal authority.

   (c)   It is the general intent of these Subdivision Regulations to regulate the division and development of land so as to further the following policies:

      (1)   Assure sites suitable for building purposes and human habitation, and to provide for the harmonious development of the city;

      (2)   Provide for the orderly and appropriate development of land in accordance with the Zoning Ordinance, the Landscape Ordinance, Thoroughfare Plan, access management regulations, Driveway Approaches and Curb Cuts, Comprehensive Development Plan, Water Master Plan and Wastewater System Master Plan;

      (3)   Assure adequate open space for traffic, recreation, light and air;

      (4)   Provide facilities for the orderly movement of traffic on alleys, streets, collectors, arterials and freeways;

      (5)   Assure adequate and safe provision and proper construction of transportation facilities, water, sanitary sewerage, storm drainage and retention, open space, street lights, landscaping and other public facilities;

      (6)   Provide for the orderly arrangement of streets, public facilities and public services in accordance with the adopted Comprehensive Development Plan, Thoroughfare Plan, access management regulations and driveway approaches and curb cuts;

      (7)   Provide for adequate street lighting and signing;

      (8)   Guarantee proper access of firefighting equipment and public service equipment;

      (9)   Protect to the maximum degree possible historic sites, scenic points, desirable natural growth, watercourses and other water areas, and other environmentally sensitive features worthy of preservation;

      (10)   Guarantee the equitable distribution of the costs and benefits of public works and facilities by requiring that the initial cost of constructing improvements which are necessitated by the new development shall be borne by the developer and not by the city taxpayer. Such improvements include:

         A.   Public improvements and facilities in new developments; and

         B.   Public improvements and facilities necessary for proper public access and services to new developments.

      (11)   Coordinate the operations of city departments and other agencies involved with land development.

(Ord. 99-207, passed 1-10-2000)

   The provisions of these regulations shall supplement any and all laws of the city and the state, or any and all rules and regulations promulgated by authority of the law or resolution relating to the purpose and scope of these regulations. 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 highest standard shall govern. These regulations shall be interpreted as minimum requirements.

(Ord. 99-207, passed 1-10-2000)

   These regulations governing plats and subdivision of land contained herein shall apply within the corporate limits of the city.

(Ord. 99-207, passed 1-10-2000)

   The arrangement, character, width and location of all thoroughfares or extensions thereof shall conform with the requirements of the Thoroughfare Plan and Comprehensive Development Plan of the city. Thoroughfares not contained in the aforementioned plan shall conform to the recommendations of the Planning Commission based upon the design standards set forth in these regulations. In addition, no final plat of land will be approved unless it conforms with the Zoning Ordinance.

(Ord. 99-207, passed 1-10-2000)

   The Engineering, Building and Planning Department shall be responsible for the uniform administration and enforcement of these regulations, with the approval of the Planning Commission. The Planning Commission shall make recommendations to City Council on zoning of property, rezonings, plats and amendments to the Subdivision Regulations which would further the purposes and objectives of these regulations.

(Ord. 99-207, passed 1-10-2000)

   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, the judgements 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. 99-207, passed 1-10-2000)

   No owner, subdivider 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 the plat has been approved and recorded in the manner prescribed in these regulations. The description of the 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. 99-207, passed 1-10-2000)

   The definitions in Chapter 1133 of the Zoning Ordinance of the city shall be considered a part of these Subdivision Regulations.

(Ord. 99-207, passed 1-10-2000)

 

(Ord. 99-207, passed 1-10-2000)

   (a)   Pre-application meeting. The subdivider should meet with the City Engineer, then informally with Planning Commission prior to the submission of the preliminary plat. The purpose of this meeting is to discuss, early and informally, the purpose and effect of these regulations and the criteria and standards contained herein. The meeting is designed to familiarize the subdivider with the Comprehensive Development Plan; the Thoroughfare Plan; access management regulations; other relevant plans; applicable zoning standards; present and proposed drainage, sewerage and water systems for the city; and to determine the need for a traffic impact study, based upon the level of impact of this development upon surrounding traffic flow and safety.

   (b)   Concept plan. The following information shall be included on a concept plan submitted by the subdivider to be discussed at the pre-application meeting and subsequently presented to the Planning Commission:

      (1)   The proposed subdivision in relation to existing community facilities, thoroughfares, residential developments, zoning districts and existing natural and man-made features, such as soil types, vegetation, flood-prone areas and utilities in neighboring areas;

      (2)   The layout and acreage of streets and any nonresidential sites, such as commercial, industrial, educational or recreational uses within the proposed subdivision;

      (3)   Identification of the site’s adjacent streets by Functional Roadway Classifications and Access Level from Maps 1115.02 and 1115.03;

      (4)   All proposed locations for access to the site;

      (5)   Access points within 300 feet of the property on all roadways adjacent to the property;

      (6)   Estimate of traffic volumes to be generated by the proposed land-use;

      (7)   A.   The proposed location of utilities in the subdivision, if available, or the locations of the nearest sources of water and public facilities for the disposal of sewage and stormwater; and

         B.   In areas where the utilities are not available, the proposed method of providing these facilities shall be stated and outlined.

      (8)   The names, addresses and telephone numbers of the owners; subdividers; and engineers preparing the plan; and

      (9)   The title and scale of the subdivision, a north arrow and the date.

   (c)   Submission of preliminary plat to Planning Commission. If, during the pre-application meeting or at later date, it is determined that the proposed subdivision is feasible and acceptable from these standpoints, or if the subdivider chooses not to request a pre-application meeting or submit a concept plan to the Planning Commission, the preparation of a preliminary plat for submission to the Planning Commission for formal consideration can occur. No comments or statements made during a pre-application meeting or presentation of a concept plan to Planning Commission or any of its members shall be construed as a final acceptance of the preliminary plat until the formal approval of the Planning Commission and City Council is granted.

   (d)   Fees. Typically, a fee is not charged to the subdivider for a pre-application meeting; however, the subdivider shall reimburse the city for costs incurred by the city for a consultant to review the concept plan. Payment of the review fees shall be required on or before the date on which the preliminary plat fee is submitted.

(Ord. 99-207, passed 1-10-2000)

   In planning and developing a subdivision, the subdivider shall comply with the general principles of design and minimum requirements for the layout of subdivisions and with the rules and regulations concerning required improvements, as set forth in these Subdivision Regulations.

(Ord. 99-207, passed 1-10-2000)

   The preliminary plat shall illustrate the proposed development of the entire parcel or parcels. The purpose of the preliminary plat is to show, on a map, all facts needed to enable the Planning Commission to determine the merit of the proposed development based upon aspects of proper planning and whether the proposed layout of the land in the subdivision furthers the public interest, health, safety and welfare. The preliminary plat shall not serve as a record or final plat.

   (a)   The subdivider shall prepare a preliminary plat of the proposed subdivision which shall conform with the requirements set forth in this chapter and in the design standards and construction drawings of the city. At least 30 days prior to the meeting of the Commission at which the preliminary plat is initially to be presented, the subdivider shall file with the City Engineer the following:

      (1)   An application, obtained in the Engineering, Building and Planning Department, for approval of the plat;

      (2)   Twenty copies of the plat; and

      (3)   The fee set forth in § 205.01.

   (b)   The filing of an application for approval of a preliminary plat with the City Engineer shall constitute the consent by and acceptance of the subdivider to pay the fees to the city. Failure to pay the fees constitutes an incomplete application and will not be placed on the Planning Commission agenda for consideration until the fees are paid.

(Ord. 99-207, passed 1-10-2000)

   The preliminary plat shall be prepared by a registered professional engineer or surveyor. The plat shall be accurately and clearly drawn at a minimum scale of one inch equals 100 feet or as approved by the City Engineer, and shall include all existing and proposed features as set forth in §§ 1105.03 and 1105.04. Where the preliminary plat covers only a part of the subdivider’s entire contiguous holdings, a drawing of the prospective future street system of the unsubmitted part shall be furnished and the street system of the submitted part will be considered in the light of adjustments and connection with the street system of the part not submitted. A vicinity map at a scale of 400 feet or more to the inch shall be drawn on or shall accompany the preliminary plat. This shall show all abutting existing subdivisions and streets and unplatted parcels of land.

(Ord. 99-207, passed 1-10-2000)

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

   (a)   The proposed name of the subdivision (which shall not duplicate or closely approximate the name of any other subdivision in Warren County), tract and section number;

   (b)   Names, addresses and telephone numbers of the owner of record, subdivider and the person or firm preparing the preliminary plat;

   (c)   Scale, north point, title and date;

   (d)   Lot numbers, names of adjacent subdivisions and the names of record owners of adjacent parcels of unplatted land;

   (e)   Boundary lines: showing bearings and distances and the method by which they were derived, as surveyed by a registered surveyor, or as shown by existing deed records. If applicable, all corporation lines, section lines and township lines shall be shown;

   (f)   Easements: location, width and purpose;

   (g)   All streets or other public ways, in and adjacent to the subdivision: names, location, lane dimensions, shoulders, curbs, centerline, medians, right-of-way, roadway width, bike paths and sidewalks;

   (h)   Identification of the site’s adjacent streets by Functional Roadway Classifications and Access Level from Maps 1115.02 and 1115.03;

   (i)   Legal rights-of-way or easements affecting the property as it relates to the roadway:

      (1)   Existing location(s) and dimensions for access to the site;

      (2)   Existing locations of all access points within 300 feet of the site on all roadways adjacent to the site; and

      (3)   Existing traffic signals within 300 feet of the subject site.

   (j)   Utilities, culverts and other underground structures in and adjacent to the subdivision: location, size, type and depth of all existing underground installations;

   (k)   Site topography to 100 feet outside the property, with a minimum of four-foot interval contours, unless site conditions require more detailed topography as determined by the City Engineer;

   (l)   Other conditions within the subdivision such as water courses, ponds and areas subject to flooding; wetlands; marshes; rock outcropping; wooded areas; any structure or other significant features; and FEMA-designated floodplains; and

   (m)   Zoning requirements: Indicate the zoning district of the subdivision, applicable Overlay Districts and the zoning districts of the adjacent properties.

(Ord. 99-207, passed 1-10-2000; Ord. 2001-26, passed 2-26-2001)

   The preliminary plat shall follow the design standards in Chapter 1109 and shall clearly show the following proposed features and information:

   (a)   Streets. Show proposed streets, collectors and arterials with right-of-way and pavement designs meeting the requirements of the Thoroughfare Plan and these Subdivision Regulations. Include:

      (1)   Dimensions of the adjacent roadways, lane dimensions, shoulders, curbs, medians, bike paths and sidewalks;

      (2)   Proposed location(s) and dimensions for access to the site;

      (3)   Proposed right-of-way acquisitions and alternate access, if appropriate;

      (4)   Proposed locations of all access points within 300 feet of the site on all roadways adjacent to the site; and

      (5)   Proposed traffic signals within 300 feet of the subject site.

   (b)   Other rights-of-way or easements. Including sanitary, water, storm sewers, utilities and landscape: location, width and purpose;

   (c)   Lots. Consecutively numbered, scaled dimensions, estimated area of irregular shaped lots in square feet, and typical building setback lines with dimensions shown graphically;

   (d)   Total site data. Including acreage; number of lots; typical lot size; sidewalks; sanitary sewer and water lines; and drainage facilities;

   (e)   Public or private uses. All parcels of land intended to be dedicated or temporarily reserved for public use; and all parcels of land of which the ownership remains private which are reserved in the deeds for the common use of property owners in the subdivision, with the purpose, condition or limitations of the reservation, indicated. If private, a statement of proposed covenants or restrictions for future maintenance shall be furnished, whether on the plat or as a separate recorded instrument;

   (f)   Buried debris. The approximate location of possible burial sites of organic debris which results from clearing and construction of the proposed subdivision. Organic debris includes tree stumps and other organic matter which naturally decomposes. This provision shall not be interpreted to authorize burial or landfilling of inorganic debris, including, but not limited to, construction debris or other solid wastes, which shall only be disposed of according to the regulations of the State Environmental Protection Agency or another authorized agency;

   (g)   Drainage sketch. A drainage boundary map indicating ability to comply with Chapter 1119 of the Water Management and Sediment Control Ordinance, with the FEMA floodplain lines if applicable;

   (h)   Utilities. The proposed utilities conforming to the Water Master Plan and the Wastewater System Master Plan; and

   (i)   Traffic impact study. A traffic impact study shall be submitted with the preliminary plat if any of the criteria in § 1116.02 are met.

(Ord. 99-207, passed 1-10-2000)

   (a)   (1)   The preliminary plat and the general statement as to improvements will be checked by the City Engineer as to their conformity with the Thoroughfare Plan, Zoning Ordinance, Landscape Ordinance, Sign Ordinance, Comprehensive Development Plan, Water Master Plan, Wastewater System Master Plan, and other applicable sections of the city’s codified ordinances and the principles, standards and requirements hereinafter set forth, and copies thereof will be referred by the City Engineer to the following agencies for recommendations (if applicable) and other action as may be required by law or regulation:

         A.   Butler County Engineer;

         B.   Fire Chief;

         C.   Parks and Recreation Director; and

         D.   Warren County Engineer.

      (2)   Failure of the above agencies or officials to report to the City Engineer prior to the next Planning Commission meeting shall be deemed to constitute approval of the preliminary plat by the agencies or officials.

   (b)   Upon receipt of the recommendations, or other action provided by the above, the Commission shall approve the plat within 30 days of their next regular meeting, shall disapprove the plat, or shall table its consideration of the plat until the next regularly scheduled meeting, with the reason for tabling specifically stated. The failure of the Commission to approve, disapprove or table a plat within the time herein fixed or further time as the applying party may agree to, shall constitute approval of the plat by the Commission, and the certificate of the City Engineer as to the date of the submission of the plat for approval and the failure to take action thereon within the time shall be issued on demand and shall be sufficient in lieu of the written endorsement of approval required by this section.

   (c)   The approval of the preliminary plat by the Commission shall be deemed to be only an approval of the layout of the tract and the City Engineer, the Warren County Engineer, the Butler County Engineer or other officials having jurisdiction may modify any engineering or construction details proposed by the subdivider, whenever required for the protection of the public interest.

(Ord. 99-207, passed 1-10-2000)

   (a)   If the Commission disapproves the plat, it shall enter in its minutes the reason for the disapproval, including citation of or reference to the rule or regulation violated by the plat. The subdivider may thereafter make the changes as he or she deems necessary to conform the plat to the rules and regulations and resubmit the plat, as revised, to the Commission for approval or disapproval, which revised plat shall be processed within the times and in the manner provided in this section.

   (b)   Within 60 days after the disapproval of a plat by the Commission, or within 60 days after its disapproval of a revised plat, if a revised plat shall have been submitted, the person submitting the plat may file a petition in the Court of Common Pleas of Warren County, Ohio, as provided in the R.C. § 711.09.

(Ord. 99-207, passed 1-10-2000)

   Upon approval of a preliminary plat, the Commission shall certify one copy thereof to Council for approval or disapproval. Failure of Council to approve or reject the preliminary plat on or before the first regular meeting occurring more than ten days following certification of the plat to Council shall be deemed to constitute approval of the preliminary plat and shall constitute approval of the layout of the streets and public grounds shown thereon, and shall evidence Council’s intention to accept dedication of the same upon approval by the Commission of the final plat.

(Ord. 99-207, passed 1-10-2000)

   Approval of the preliminary plat is effective for a maximum period of 24 months and shall guarantee that the terms under which the approval is granted will not be affected by changes to these regulations during that period, provided some portion of the subdivision has been recorded or the subdivider starts construction of the improvements within the 24-month period after approval.

(Ord. 99-207, passed 1-10-2000)

   (a)   Construction plan application. After approval by Council of the preliminary plat and before grading work and construction of the required street, sanitary and drainage improvements may begin, the subdivider shall provide to the City Engineer for distribution and review:

      (1)   An application obtained in the Engineering, Building and Planning Department;

      (2)   Five sets of construction plans for all improvements, sealed by a state registered engineer, and prepared in accordance with the minimum construction plan requirements in this chapter, the design standards requirements of Chapter 1109, erosion control and stormwater standard requirements of Chapter 1119, and the city standard construction drawings developed by the City Engineer and Public Utilities Director; and following the subdivision arrangement shown on the approved preliminary plat;

      (3)   The required submission fee (see § 205.01); and

      (4)   Two copies of the drainage boundary map and stormwater calculations as required in Chapter 1119.

   (b)   Distribution of plans.

      (1)   Copies of the plans will be sent to the following agencies for recommendations (if applicable) and other action as may be required by law or regulation:

         A.   Butler County Engineer;

         B.   Public Works Director;

         C.   Public Utilities Director;

         D.   Fire Chief;

         E.   Parks and Recreation Director; and

         F.   Warren County Engineer.

      (2)   Failure of the above agencies or officials to report to the City Engineer within 30 calendar days from the date of referral shall be deemed to constitute approval of the construction plans by the agencies or officials.

   (c)   Construction plan approval and pre-construction meetings. After approval and signature of the plans by the City Engineer and Public Utilities Director, the subdivider shall contact the Engineering, Planning and Building Department to set a pre-construction meeting with all parties before beginning construction. Construction shall not begin until this meeting takes place.

(Ord. 99-207, passed 1-10-2000)

   Construction plans for improvements shall incorporate the standard construction drawings for the city; shall be furnished in accordance with the specifications of the City Engineer; shall require approval by the City Engineer, the Fire Chief and the Public Utilities Director before improvements are installed and before approval of the final plat; and shall include the following:

   (a)   The center line profile of each proposed street, with proposed grades indicated at 50-foot intervals;

   (b)   The cross section of each proposed street, showing the width of pavement, the location and width of sidewalks, and the location and size of utility mains;

   (c)   The plans and profiles of proposed sanitary sewers and stormwater sewers, with grades and sizes indicated;

   (d)   A plan of the proposed water distribution system, showing pipe sizes and the location of valves and fire hydrants;

   (e)   (1)   A drainage boundary map (meeting the requirements of Chapter 1119) showing all existing and proposed storm sewers, manholes, catch basins, watercourses, culverts and other underground structures within the tract and immediately adjacent thereto, with pipe sizes and grades and waterway openings indicated thereon. A general grading-drainage plan shall be prepared and made a part of the construction drawings for the total development, showing the intended drainage from individual lots as well as the total development. The plan shall coordinate the needs for proper drainage and aesthetics of the total development. Positive surface drainage shall be provided for the total development. This may be accomplished by grading and/or installation of pipe drainage system. When the topography is changed to a higher or lower level than the natural grade, suitable slopes or measures shall be provided to blend the changed contour in with the surroundings. The grading work shall not impede the natural flow of storm drainage. Grading shall be done so that the rate of existing storm drainage (runoff) to the adjoining property is not increased nor is it concentrated to spill off the property at new locations.

      (2)   A soil erosion plan showing best management practices (meeting the requirements of Chapter 1119) shall be submitted to maintain acceptable housekeeping or standards of cleanliness and neatness of the site during and after development. The site shall not be used as a waste area for construction debris. In case of on-site excess earthen materials, the wasting of such shall be in a manner which will be compatible with the general grading-drainage plan. The piling or dumping of the material without spreading or distribution shall not be permitted.

   (f)   A traffic maintenance plan if working on a public right-of-way, showing necessary detours, if any, and in accordance with the requirements set forth in the latest edition of the Ohio Manual of Uniform Traffic Control Devices (OMUTCD).

(Ord. 99-207, passed 1-10-2000)

   Prior to starting any of the work covered by the construction plans, whether for public or private improvements, but after the plans are approved, the subdivider shall notify the Engineering, Building and Planning Department in order to schedule an inspection. The notification shall be made at least 24 hours before construction at the site is to begin. At that time, the subdivider shall also arrange for future inspections to ensure that the work complies with the approved plans and specifications.

(Ord. 99-207, passed 1-10-2000)

   The subdivision improvements shall be installed in accordance with the approved construction drawings. The construction of all improvements required by these rules and regulations shall be completed within two years of the date of approval of the final plat by City Council, unless good cause can be shown for the granting of an extension of time by authority of the City Engineer. Any “repairs or maintenance” required during the period of time after final plat approval and prior to acceptance of the public improvements by the city shall be completed within the time established by the City Engineer.

(Ord. 99-207, passed 1-10-2000)

   (a)   In laying out a subdivision, the subdivider shall comply with the following general principles and requirements. The regulations contained in the following sections, the Zoning Ordinance, Comprehensive Development Plan, Water Master Plan, Wastewater System Master Plan and the Standard Construction 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, creation of useable lots, provision of space for public utilities and reservation of land for recreation 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 for reviewing the layout of each future subdivision early in its design development. The City Engineer shall ensure that all the requirements of Chapter 1107, this chapter and the standard construction drawings inclusive are met.

(Ord. 99-207, passed 1-10-2000)

   In order to protect the health, safety and general welfare of the people, the Planning Commission will review any area of a proposed subdivision subject to flooding, in accordance with Chapter 1169.

(Ord. 99-207, passed 1-10-2000)

   If the Planning Commission finds that land proposed to be subdivided is unsuitable for subdivision development due to flooding, bad drainage, poor soils, topography, inadequate water supply, transportation facilities and other 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 intended purpose, the Commission shall not approve the land for subdivision.

(Ord. 99-207, passed 1-10-2000)

   The arrangement, character, extent, width, grade, construction and location of all streets in a subdivision shall conform to the official Thoroughfare Plan, to the driveway and curb cut regulations in Chapter 1117, to the access management regulations in Chapter 1115, and to the city’s standard construction drawings.

   (a)   Whenever a tract to be subdivided embraces any part of a highway, thoroughfare, parkway, collector or local street, so designated on the Thoroughfare Plan, the part of the public way shall be platted by the subdivider in the location and at the width indicated on the Thoroughfare Plan.

   (b)   Street design shall take into consideration their relationship to existing and planned streets, topographical conditions, public convenience and safety and their appropriate relation to the proposed uses of land to be served by the streets.

   (c)   Duplicates of the standard construction drawings shall be kept on file in the offices of the City Engineer.

   (d)   If a street is to be designed with a median, wherever possible, the median shall be a minimum of 12 feet in width measured from face of curb to face of curb, unless waived by the City Engineer, and be landscaped to match landscaping design in the immediate area.

(Ord. 99-207, passed 1-10-2000; Ord. 2005-133, passed 11-14-2005)

   The street layout of the subdivision shall be in general conformity with a plan for the most advantageous development of adjoining areas and the entire neighborhood.

   (a)   Where appropriate to the design, proposed streets shall be continuous and in alignment with existing, planned or platted streets with which they are to connect.

   (b)   Proposed streets shall be extended to the boundary lines of the tract to be subdivided, unless prevented by topography or other physical conditions or unless, in the opinion of the Commission, the extension is not necessary or desirable for the coordination of the layout of the subdivision with the possible future development of adjacent tracts.

   (c)   Dead-end streets of reasonable length (not over 800 feet) will be approved where necessitated by topography or where, in the opinion of the Commission, they are appropriate for the type of development contemplated.

   (d)   Proposed streets shall intersect one another as nearly at right angles as topography and other limiting factors of good design permit.

   (e)   Wherever there abuts the tract to be subdivided a dedicated or platted and recorded half-width street or alley, the other half-width of the street or alley shall be platted.

   (f)   (1)   Lands abutting numbered state or federal highways, collector streets or arterials should be platted with the view of making the lots, if for residential use, desirable for the use by cushioning the impact of heavy traffic on trafficways; and with the view also of minimizing interference with traffic on the trafficways as well as the accident hazard.

      (2)   This may be accomplished in several ways:

         A.   By platting the lots abutting the trafficways at very generous depth; and by providing vehicular access to them by means of streets, alleys or service drives in the rear or frontage access roads next to the highway, connected therewith at infrequent intervals;

         B.   Another more desirable and usually more economical method consists of not fronting the lots on the highway but on a minor street paralleling the highway at a distance of a generous lot depth. Private driveways in this case would, of course, connect with the minor street;

         C.   Under still another scheme, a minor street may be platted more or less parallel with the highways, from which loop streets or dead-end streets would extend toward the highway, the ends of which give access to the lots abutting the highway to their rear; and

         D.   Selection, in a specific case, among the foregoing or other acceptable methods for accomplishing the purposes in view, must necessarily be made in consideration of topography and other physical conditions, the character of existing and contemplated developments and other pertinent factors that apply in each case.

   (g)   No subdivider shall lay out any private road, street, highway, lane or boulevard, unless the proposed road, street, highway, lane or boulevard is built in compliance with the standards of design and construction applicable to public streets. Any private road, street, highway, lane or boulevard shall be constructed at a minimum width of 25 feet back of curb to back of curb. The design and construction of these improvements shall be as determined under the provisions of the city’s codified ordinances, including the Subdivision Regulations and the standard construction drawings.

   (h)   Temporary dead-end streets may be approved where necessitated by the layout of the subdivision or staging of development, provided that temporary turnarounds shall be constructed within the limits of the street right-of-way where lots front on temporary dead-end streets. The design and construction of the turn-around shall be determined by the City Engineer.

(Ord. 99-207, passed 1-10-2000)

   (a)   Minimum pavement widths, back of curb to back of curb, required to be installed at the subdivider’s expense, shall be as follows:

 

   (b)   The pavement of a turning circle at the end of a dead-end street shall have a minimum outside diameter of 79 feet. A “T” or “Y” shaped paved space, when approved by the Commission in place of a turning circle, shall extend entirely across the width of the street right-of-way, except for sidewalk space, and shall be at least ten feet wide with the flared portion rounded by minimum radii of 20 feet.

   (c)   On all existing streets, the subdivider shall be responsible for all required street improvements in accordance with division (a) above, including the construction of necessary curb, water lines, sanitary and storm sewers, inlets, sidewalks, underdrains and the like.

(Ord. 99-207, passed 1-10-2000)

   (a)   The grades of streets shall not exceed the percentage shown in Table 1109.02, column 2, except that where unusual or exceptional conditions exist, the City Engineer may modify these regulations. In no event shall the minimum grade of any street or alley be less than .75%.

   (b)   All changes in street grade in excess of 1% shall be connected by vertical curves. Curve length shall be determined using the following formula:

 

 

where:

 

 

   (c)   The radii of curvature on the center line shall not be less that the radii shown in Table 1109.02, column 4.

 

 

(Ord. 99-207, passed 1-10-2000)

   (a)   Streets shall intersect one another at an angle as near to a right angle as possible. Street intersections shall be rounded with a minimum radius of 25 feet measured at the back of the curb.

   (b)   When the intersection occurs at an angle other than right angle, it shall be rounded with a curve of a radius acceptable to the City Engineer.

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

(Ord. 99-207, passed 1-10-2000)

   (a)   The size, shape and orientation of lots shall be appropriate for the location of the proposed subdivision and for the type of development contemplated and shall be in compliance with applicable zoning requirements.

   (b)   Excessive depth in relation to width shall be avoided. A proportion of two to one shall normally be considered as appropriate, except in the case of narrow lots. Residential lots abutting on highways, arterials or collector streets should have extra depth to permit deep setbacks from the highways.

   (c)   Every lot shall abut on a street.

   (d)   Lots for residence purposes shall have sufficient width at the building setback lines to permit compliance with the side yard requirements of the Zoning Ordinance and still be adequate for a building of practicable width.

   (e)   Except as otherwise provided herein, double-frontage lots and reversed-frontage lots shall be avoided.

   (f)   Where practicable, side lot lines shall be approximately at right angles to the right-of-way line of the street on which the lot faces.

   (g)   Corner lots for residential use shall be platted wider than interior lots to permit compliance with the yard and setback requirements of the Zoning Ordinance.

(Ord. 99-207, passed 1-10-2000)

   Public and common underground electric, cable and telephone lines and other utilities are mandatory in all residential, office and commercial subdivisions and districts, and shall be placed in their own easement, shown on the final or record plat.

   (a)   Electric, cable and telephone lines. In industrial subdivisions where Duke Energy advises the city that the power load requirements are sufficiently large as to make underground service impractical or unfeasible, electric, cable and telephone lines may be installed overhead along rear lot lines with the recommendation by Planning Commission and the approval of City Council. In an event where Duke Energy requires a transmission, subtransmission or main line distribution feed and the cost of installing underground service is impractical and unfeasible, electric and telephone lines may be installed overhead with the recommendation by Planning Commission and the approval of City Council. Should City Council approve the overhead distribution system, all connections to it shall be made underground. All facilities are to be constructed on one side of the road without overhead crossovers.

   (b)   Water supply. The subdivision shall be provided with a water distribution system, meeting the requirements of the city’s Water Master Plan, adequate to serve the area being platted, including a connection for each lot and appropriately spaced fire hydrants in accordance with the requirements of the Public Utilities Director and city standards.

(Ord. 99-207, passed 1-10-2000)

   Sidewalks are an essential element for pedestrian safety in the development of most residential subdivisions and as such shall be installed in accordance with the following standards.

   (a)   Residential areas (R-1 through R-7). In R-3, R-4, R-6 and R-7 residential areas, sidewalks shall be installed on both sides of all streets, including cul-de-sacs. In R-1 and R-2 residential areas, sidewalks shall be installed on both sides of all arterials and collector streets, and on at least one side of all local streets.

   (b)   Commercial areas (B-1, B-2, B-3 and B-4). Sidewalks in commercial areas shall be installed on both sides of all streets.

   (c)   High-tech and industrial areas (HT-1, I-1 and I-2). Sidewalks in industrial plats may be required at the option of the Planning Commission, except sidewalks are required on both sides of all arterials, parkways and collector streets.

   (d)   Office park areas (O-1). Sidewalks in office park plats may be required at the option of the Planning Commission, except sidewalks are required on both sides of all arterials, parkways and collector streets.

(Ord. 99-207, passed 1-10-2000)

(Ord. 99-207, passed 1-10-2000)

(Ord. 99-207, passed 1-10-2000; Ord. 2004-155, passed 1-10-2005)

   A landscape plan meeting the requirements of the Landscape Ordinance and the Street Tree Ordinance shall be submitted to Planning Commission for approval before or with the final plat, for all property which is subject to the Landscape and/or Street Tree Ordinances. Trees shall be planted in all tree lawns in accordance with city’s Street Tree Ordinance.

   (a)   Landscape plan application. The subdivider shall furnish an application obtained in the Engineering, Building and Planning Department, along with the submission fee (see § 205.01), and 15 copies of the plans prepared by a landscape architect.

   (b)   Distribution of plans. Copies of the plans will be sent to the following agencies for recommendations (if applicable) and other action as may be required by law or regulation:

      (1)   Planning Commission members;

      (2)   City Engineer;

      (3)   City Planner; and

      (4)   Parks and Recreation Director.

   (c)   Landscape plan approval. The Planning Commission shall approve the landscape plan within 30 days of its next regular meeting, shall disapprove the plan or shall table its consideration of the plan until the next regularly scheduled meeting, with the reason for tabling specifically stated. The failure of the Commission to approve or disapprove a landscape plan within the time herein fixed or a further time as the applying party may agree to, shall constitute approval of the plan by the Commission, and the certificate of the City Engineer as to the date of the submission of the plan for approval and the failure to take action thereon within the time shall be issued on demand and shall be sufficient in lieu of the written endorsement of approval required by this section.

   (d)   Inspections. Landscape improvements shall be subject to inspection and shall be deemed satisfactory by the City Engineer before the subdivider’s performance bond can be released.

(Ord. 99-207, passed 1-10-2000)

   (a)   Unless an arrangement is made by the subdivider with the City Engineer to use ornamental signs, the Public Works Department will erect the necessary stop, speed, information and street signs, and the subdivider shall reimburse the city for the cost thereof. Ornamental street signs shall be erected by the subdivider, at the subdivider’s expense, and are required to meet the standards set forth in the Ohio Manual of Uniform Traffic Control Devices and shall be maintained by the development or owners’ association.

   (b)   Names of new streets shall not duplicate existing or platted street names or have similar sounding names unless a new street is a continuation of, or in alignment with, an existing or platted street.

   (c)   To avoid duplication and confusion, proposed street names, public or private, shall be approved by the City Engineer and the Police and Fire Departments prior to the names being assigned or used.

(Ord. 99-207, passed 1-10-2000)

   Entrance gates, posts, columns, walls, fences or similar structures designed to indicate entrances to subdivisions or parts thereof, and signs designating the subdivision or development, will be permissible on private property, provided Planning Commission determines the structures to be desirable. A building permit must be obtained for all structures, and in no case shall the structures be built on top of any easement or in the right-of-way. Signs on the structures naming the designer, supplier, builder or installer are prohibited.

(Ord. 99-207, passed 1-10-2000)

   The subdivider shall submit a street lighting plan in accordance with the following standards.

   (a)   Street lights shall be located along each existing or proposed street upon approximately 150 feet centers or as recommended by the electric utility company which will supply the subdivision and as approved by the City Engineer. The City Engineer may also require the installation of additional street lights as he or she deems necessary for public safety.

   (b)   Street lighting fixture, wiring and pole design shall be uniform throughout the subdivision as approved by the City Engineer.

   (c)   The subdivider shall pay all costs of construction for all street lighting.

   (d)   Construction of individual street light poles shall not begin until approval is obtained from the City Engineer. When street lighting, poles, wiring and fixtures have been installed and approved by the City Engineer and accepted by City Council, the city shall assume the cost of providing necessary electrical power to the street lighting fixtures.

   (e)   The subdivider shall work with Duke Energy to ensure that when the streets are accepted by the city, the city will be paying the lowest possible rate for electricity.

   (f)   All light poles that Duke Energy will not maintain shall be maintained by the developer or homeowners’ association.

(Ord. 99-207, passed 1-10-2000)

   The subdivider may apply for final plat approval prior to his or her completion of the required public improvements by entering into a subdivider’s contract with the city, thereby ensuring the construction of all improvements shown on the approved construction plans, ensuring completion of the public improvements and ensuring that “repairs and maintenance” of the improvements shall be performed during the period of time between final plat approval and City Council’s acceptance of the improvements. Subdivider’s contract forms shall be available at the City Engineer’s office. The obligations therein shall be secured by a performance bond as described below.

   (a)   (1)   The subdivider’s engineer shall submit to the City Engineer for approval an itemized estimate of quantities for all proposed improvements and a determination of the costs thereof using the city’s bond price list. When approving the estimates, the City Engineer may properly take into account escalations in costs of construction, repairs and maintenance due to the passage of time.

      (2)   If the subdivision or any part thereof is not located within the city limits, the city may, with the consent of the Warren County or Butler County Engineer, assign to the county any or all rights of the city under this section or pursuant to any agreement with a subdivider.

   (b)   The subdivider and/or engineer shall be informed by letter of the amount of the performance bond required. The performance bond may be a bond, letter of credit or certified check, as the case may be, in suitable form acceptable to the City Engineer and Law Director and for no less than the amount stated by the City Engineer.

   (c)   The performance bond shall be delivered to the City Engineer accompanied by the subdivider’s contract executed by the subdivider on forms supplied by the City Engineer’s office, and stating the length of time to finish the improvements, but not exceeding two years.

(Ord. 99-207, passed 1-10-2000)

   The subdividers contract may allow for a partial release of the bond when specific improvements have been made, inspected, tested and approved by the City Engineer. However, the agreement shall provide that before any funds are released, the City Engineer issue a certificate that the balance remaining after the payment shall, in his or her opinion, be adequate to pay the remaining cost of the improvements and the cost of “repairs and maintenance.” In no case shall the performance bond, letter of credit or certified check be reduced to less than 10% of the original estimate before the public improvements are accepted by City Council.

(Ord. 99-207, passed 1-10-2000)

   The performance bond, letter of credit or certified check shall remain in effect until the public improvements are accepted unless there is a default in the completion of the improvements or the failure of the subdivider to perform “repairs and maintenance” on the improvements during the period of time between final plat approval and the time noted in the subdivider’s contract. In the event of default, as determined by the City Engineer, the letter of credit or certified check may be cashed by the Finance Director and the proceeds thereof used to complete the improvements, to make the repairs, to provide the maintenance, to pay claims connected therewith for which the subdivider may be liable, and to secure any other default of the subdivider connected with the making of the improvements. In the case of a performance bond the necessary steps will be taken by the Law Director to require performance by the bonding company.

(Ord. 99-207, passed 1-10-2000)

   Before the performance bond may be released:

   (a)   All outstanding fees owed to the city must be paid;

   (b)   The subdivider shall grant to the City Engineer the authority to order and conduct any inspections and testing that, in the City Engineer’s opinion, are deemed necessary for final approval; and

   (c)   The subdivider shall pay the costs of all testing ordered by the City Engineer and the costs of all inspections not included in the fee schedule in § 205.01.

(Ord. 99-207, passed 1-10-2000)

   (a)   There is established on the books of the city a fund entitled Subdivision Inspection Deposit Fund.

   (b)   All incomes and expenses relating to § 1111.04 shall be placed in and disbursed from the Fund.

(Ord. 99-207, passed 1-10-2000)

   (a)   The subdivider shall properly construct and shall be responsible for making “repairs and maintenance” and alterations in accordance with § 1111.01 to provide that improvements are in good condition at the time the subdivider requests in writing their acceptance by City Council.

   (b)   Acceptance of improvements for use and maintenance by the public shall be subject to satisfactory compliance with the following requirements:

      (1)   The subdivider shall forward a written request to the City Engineer for a final inspection of the physical improvements for release of the performance bond;

      (2)   The City Engineer shall notify the subdivider of any corrections that are needed for compliance with the approved construction plans, as noted during field inspections by the Public Works Director, the Public Utilities Director or the City Engineer. When all items are satisfactorily completed, the subdivider will be notified in writing;

      (3)   When the required improvements are completed and written approvals from the Public Works Director and the Public Utilities Director have been granted and received by the City Engineer, the subdivider shall submit to the City Engineer as-built drawings of the subdivision along with a maintenance bond meeting the requirements of § 1111.07; and

      (4)   After receiving and approving the as-built drawings and maintenance bond, the City Engineer shall notify City Council that the construction of all streets and improvements in the subdivision have been satisfactorily completed, giving a description of the improvement. City Council will thereupon adopt an ordinance accepting the improvements, releasing the performance bond, accepting the maintenance bond and accepting all public improvements for city maintenance.

(Ord. 99-207, passed 1-10-2000)

   Before any improvement is accepted or any responsibility is assumed by the city, a guarantee by the subdivider in an amount equal to 10% of the total cost of construction of all improvements, with a minimum of $5,000, shall be furnished in the form of a bond, certified check or letter of credit. This guarantee shall assure the correction of any defect or failure from any cause whatsoever appearing in any public improvement, as shown on the construction drawings, for a period of one year, or as determined by the City Engineer and stated in the maintenance bond, after acceptance by City Council. After acceptance, the streets and sidewalks shall be kept free of any obstructions, such as building material, equipment, temporary buildings and the like. The bond form shall be available at the office of the City Engineer.

(Ord. 99-207, passed 1-10-2000)

   Release of the maintenance bond shall be made in one year or as stated in the maintenance bond, subject to satisfactory compliance with the following requirements:

   (a)   The subdivider shall request in writing to the City Engineer for a final inspection of the physical improvements for release of the maintenance bond;

   (b)   The City Engineer shall notify the subdivider of any corrections that are needed for compliance with the approved construction plans, as noted during field inspections by the Public Works Director, the Public Utilities Director or the City Engineer. When all items are satisfactorily completed, the subdivider will be notified in writing; and

   (c)   When the required improvements are completed and all required written approvals regarding same have been granted and received by the City Engineer, the maintenance bond will be released to the subdivider.

(Ord. 99-207, passed 1-10-2000)

   (a)   The subdivider, having received approval of the preliminary plat and construction plans of the proposed subdivision and upon completion of all improvements or posting of appropriate security and subdivider’s contract as required by these Subdivision Regulations, shall file with the City Engineer, at least 12 working days before the Planning Commission meeting, a final plat which meets the requirements of this chapter, together with an application for approval thereof, accompanied by the original Mylar plat and 20 copies and a minimum fee as set forth in § 205.01 for the review of the final plat. The final plat or any portion of the subdivision which has been approved by the Commission may be submitted for approval. Completion of improvements, or the giving of security therefor, need only cover that portion of the plat for which final approval is requested.

   (b)   The filing of an application for approval of a final plat with the City Engineer shall constitute the consent by and acceptance of the subdivider to pay the fees to the city. Failure to pay the fees constitutes an incomplete application and will not be placed on the Planning Commission agenda for consideration until the fees are paid.

(Ord. 99-207, passed 1-10-2000)

   Where land comprising streets created by a plat is subject to an assessment which has been or is about to be levied, the owner shall, as a condition to approval of the final plat, either pay in cash the amount of the assessment chargeable to the land in the streets, or enter into a contract, satisfactory to the City Manager and the Law Director, subjecting the remainder of the subdivision to additional assessments equal to the amount chargeable to the streets.

(Ord. 99-207, passed 1-10-2000)

   The subdivider shall file a certification of title showing the ownership of all lands to be dedicated to the public and that the title thereof is free and unencumbered. Before building permits are issued, a reproducible copy of the record plat, after it is recorded with Warren County, must be filed with the City Engineer.

(Ord. 99-207, passed 1-10-2000)

   The final plat shall clearly show the following information:

   (a)   Name of subdivision. The name of the subdivision and the name or number of the larger subdivision or tract of which the tract now subdivided forms a part;

   (b)   North point and the like. North point; scale; acreage; number of lots; date of survey; location by section, range and township, or by other legal description; and title;

   (c)   Boundary lines. Plat boundaries, based on accurate traverse, with angular and linear dimension. All dimensions, both linear and angular, shall be determined by an accurate control survey in the field which meets the minimum standards for boundary surveys in the state per O.A.C. Chapter 4733-37;

   (d)   Recorded streets. The exact location and the width along the property line of all existing recorded streets intersecting or paralleling the boundaries of the tract;

   (e)   Bearings and distances. True bearings and distances to nearest established street bounds, patent or other established survey lines or other official monuments, which monuments shall be located or accurately described on the plat. Any patent or other established survey or corporation lines shall be accurately monument marked and located on the plat, and their names shall be lettered on them;

   (f)   Monuments. The accurate location and material of all permanent reference monuments;

   (g)   Layout. The exact layout including:

      (1)   Streets and alley lines. Their names, bearings, angles of intersection and widths, including widths along the line of any obliquely-intersecting street;

      (2)   Mathematical data. Sufficient mathematical data for each curved line so that the curve can be reproduced without ambiguity;

      (3)   Easements and rights-of-way. All easements and rights-of-way, when provided for or owned by public services, utilities or waterways, with the limitation of the easement rights definitely stated on the plat; and

      (4)   Lot lines. All lot lines with dimensions in feet and hundredths, and with bearings and angles to minutes if other than right angles to the street and alley lines.

   (h)   Lot and block numbers. Lots numbered in numerical order or as established on the preliminary plat. In tracts containing more than a block, the blocks may be likewise numbered in numerical order or lettered in alphabetical order;

   (i)   Property offered for dedication.

      (1)   The accurate outline of all property which is offered for dedication for public use, and of all property that may be reserved by covenant in the deeds for the common use of the property owners in the subdivision, with the purpose indicated thereon; and

      (2)   All lands dedicated to public use other than streets or roads shall be marked “Dedicated to the Public.” Streets and roads not dedicated shall be marked “Private Street.”

   (j)   FEMA floodplain and watercourses. In cases where the subdivision is traversed by a FEMA floodplain, watercourse, channel, stream or creek, the location of the floodplain, including the 500-year floodplain boundary, the 100-year floodplain boundary and the floodway, shall be plotted directly from the FEMA Flood Insurance Rate Map and Floodway Map and Floodplain Overlay Map;

   (k)   Buried debris. The location and dimensions of any burial sites of organic debris from clearing and construction of the subdivision. Organic debris includes tree stumps and other organic matter which naturally decomposes. This provision shall not be interpreted to authorize burial or landfilling of inorganic debris, including, but not limited to, construction debris or other solid wastes, which shall only be disposed of according to the regulations of the State Environmental Protection Agency, or another authorized agency;

   (l)   Setback lines. As shown on the preliminary plat;

   (m)   Adjoining subdivision; lots and parcels. Names and locations of adjoining subdivisions and locations and ownership of adjoining unsubdivided property;

   (n)   Names of owner and the like. Names and addresses of the owner of record, the subdivider and the registered surveyor who prepared the plat;

   (o)   Contents. All plat contents are to be per R.C. § 711.02;

   (p)   Engineer’s certificates. A certificate by a registered surveyor to the effect that the plat was prepared by him or her, pursuant to an actual survey of the premises and that the plat is correct;

   (q)   Covenants and restrictions. A copy of the covenants and restrictions the subdivider intends to include in the deeds to the lots in the subdivision; and

   (r)   Owner’s certificates. A notarized certificate by the owner of the land to the effect that he or she has caused the land to be platted and that he or she dedicates to public use the streets, parks and other lands indicated on the plat as intended for public use. This certificate shall be executed as a conveyance is executed.

(Ord. 99-207, passed 1-10-2000; Ord. 2001-26, passed 2-26-2001)

   There shall be submitted with each plat a tabulation showing the exact area of each lot, reserve or other parcel on the plat, other than streets and alleys, and the area of dedicated streets. The accuracy of the tabulation shall be certified by a registered professional engineer or registered surveyor. The purpose of this requirement is to facilitate calculation of the trunk sanitary sewer benefit charges for each lot and parcel.

(Ord. 99-207, passed 1-10-2000)

   The City Engineer shall check the final plat to determine if it conforms to the preliminary plat as approved. When the final plat does so conform and the costs of review have been paid, the City Engineer will submit the plat to the Planning Commission, together with a two-fold certificate showing that:

   (a)   The technical details of the plat have been checked and that the final plat conforms in all essential respects to the preliminary plat; and

   (b)   All required improvements have been satisfactorily completed, or that security has been given for the making of improvements, along with a subdivider’s contract as provided by these Subdivision Regulations.

(Ord. 99-207, passed 1-10-2000)

   At the first meeting of the Commission after a copy of the final plat, together with the City Engineer’s certificate, has been received by the Commission, the Commission shall approve the final plat and the Chairperson of the Commission shall endorse the approval on the plat, unless the certificate of the City Engineer states the final plat is clearly erroneous and the final plat does not conform in all essential respects to the preliminary plat; or the requirements of these Subdivision Regulations as to completion of improvements, or the assuring thereof, have not been complied with; in which case the Commission may disapprove the plat or table its consideration of the plat until the next regularly scheduled meeting. Failure of the Commission to approve, table or disapprove the plat within the time fixed or a further time as the applicant may agree to, shall constitute approval of the plat, and the certificate of the Secretary of the Commission as to the date of submission of the plat for approval and the failure to take action thereon shall be issued on demand and shall be sufficient in lieu of the written endorsement of approval. If the Commission disapproves the final plat, it shall enter in its minutes the reason for the disapproval.

(Ord. 99-207, passed 1-10-2000)

   Within 15 days after the Commission has approved the final plat, the plat shall be transmitted to Council, together with all certificates and endorsements herein required. Council shall approve the plat at its next regular meeting occurring 15 days or more following the transmission of the plat to it, unless the certificate of the City Engineer hereinabove referred to states the final plat is clearly erroneous and the final plat does not substantially conform to the preliminary plat, or the improvements required by the preliminary plat have not been completed, in which case Council may disapprove the plat or table its consideration of the plat until the next regularly scheduled meeting. Approval of the plat by Council shall be deemed to constitute acceptance by the city of the dedication of the public ground necessary for the construction of the streets, right-of-way and other public improvements. The approval of the plat, however, shall not be deemed to constitute acceptance of the public improvements. Any public improvements must be completed according to the standards of the city. If Council fails to approve, table or disapprove the plat within the prescribed time of this section, and if the subdivider has not agreed to an extension of this time, the City Council shall be deemed to have approved the final plat.

(Ord. 99-207, passed 1-10-2000)

   The following statements shall be affixed on the subdivision plat. The Planning Commission may require modifications to these statements. All signatures, except the signatures of City Council, Warren County Auditor, Warren County Recorder, City Engineer and the Planning Commission shall be obtained prior to approval of the subdivision by the Planning Commission and City Council.

   (a)   Deed reference.

      Situated in the City of Mason, Township of __________, County of Warren, State of Ohio and being a subdivision containing ______acres and being (part of) the same tract as conveyed to_________and described in the deed recorded in Deed (Official Records) Book_______Page______, Warren County, Ohio.

   (b)   Owner’s consent and dedication.

      We, the undersigned, being all the owners and lien holders of the lands herein platted, adopt and confirm this plat of subdivision and dedicate the streets, parks or public grounds as shown hereon to the public use forever and hereby dedicate easements shown on the plat for construction, operation, maintenance, repair, replacement or removal of water, sanitary sewer, storm sewer, storm drainage ditches, gas, electric, telephone or other utility lines or services and for the express privilege of removing any and all trees or other obstructions to the free use of the utilities and for providing of ingress and egress to the property for those purposes and are to be maintained as such forever.

   (c)   Certificate of notary public.

      State of Ohio, County of Warren, S.S.

      Be it remembered on this____day of_____, (year), before me, the undersigned, a notary public in and for the said county and state, personally came_________(and_________), who acknowledged the signing and execution of the foregoing plat to be their voluntary act and deed.

In testimony whereof, I have set my hand and notary seal on the day and date above written.

                  ___________________

                  (Signature)                   ___________________

                  (Print Name Here)

                  Notary Public

                  State of Ohio

                  My commission expires

   (d)   Certificate of surveyor.

      I hereby certify that this map is a true and complete survey made by me (under my supervision), on (date) and that all monuments and lot corner pins are (or will be) set as shown.

            ___________________________

            (Signature)                    ___________________________

      (Print name and registration number here)

            Registered Surveyor

   (e)   Restrictions on water and sewer easements.

      No private improvements of any kind except street trees as required by the Landscape Ordinance shall be made on the right-of-way of easement, which would interfere with access to any proposed street, utility or other service improvement, present or future and the City of Mason shall not be responsible to any present or future owners of the property indicated on this plat for any damage done on the right-of-way or easements to sod, shrubbery, trees, underground pipes, wiring or sprinklers, driveways, or other improvements either natural or artificial by reason of entering for the purpose of construction, maintaining or replacing the improvements.

   (f)   Restrictions on private drainage easement.

      The City of Mason assumes no legal obligation to maintain or repair any “Drainage Facilities Easement” or “100 Year Permanent Drainage Easement” on this plat. The easement area of each lot and all improvements within it shall be maintained continuously by the lot owner within the easements. No structure, planting, fencing, culvert, grading, topsoil or other materials shall be placed or permitted to remain which may obstruct, retard or divert the flow through the water course.

   (g)   Landscape easement.

      All landscaping and amenity improvements located within any landscape easement area shall be maintained by the                 Homeowners Association (or lot owner) as provided for in the declarations of covenants and restrictions for               Homeowners Association or City of Mason Landscape Ordinance. The landscaping and easements are to and for the benefit of the Homeowners Association.

   (h)   Private drainage easements between lots.

      Unless otherwise designated on the record plat, a ten foot wide private drainage easement shall exist along all common lot lines, the common lot line being the centerline of the easement. The declarant for its agent and builders reserves the right to enter upon all lots to establish or reestablish drainage swales, drainage pipe and drainage tile within the easements for the purpose of controlling and directing stormwater to collection facilities.

   (i)   Restrictions on utility easements.

      Easements of the plat, designated as “utility easements,” are provided for the construction, maintenance and operations of poles, wires and conduits, and the necessary attachments in connection therewith; for the transmission of electric, telephone and other utilities; for the construction and maintenance of service and underground stormwater drains, pipelines for supplying gas, water, heat, electric, telephone and other public or quasi-public utility functions together with the necessary lateral connections, and also the right of ingress to and egress from the easements, and to cut, trim or remove trees and undergrowth or overhanging branches within the easement or immediately adjacent thereto. No building or other structures may be built within the easements, nor may the easement area be physically altered so as to:

      (1)   Reduce the clearance of underground facilities;

      (2)   Impair the land support of the facilities;

      (3)   Impair the ability to maintain the facility; and/or

      (4)   Create hazard.

   The above utility easements are for the benefit of all public utility service providers including, but not limited to Duke Energy, Sprint, Time Warner Cable, City of Mason.

   (j)   Subject to HOA restrictions.

      The entire property shown herein and all improvements thereon are subject to the rules, regulations, covenants and restrictions of the                           Homeowners Association as recorded in Book           , Page           , of the Warren County, Ohio records and subject to all recorded amendments and supplements to the                                                Homeowners Association documents which may be recorded from time to time.

   (k)   City of Mason Planning Commission approval.

      We, the Planning Commission of the City of Mason, Ohio do hereby approve this plat on this            day of           , (year) .

      PC No.                   

                                                    

                  Chairman

   (l)   City Engineer approval.

      I hereby approve this plat on this           day of            , (year) .

                                                    

                  City Engineer

   (m)   City Council approval.

      I hereby certify that on the        day of      , (year) , this plat was approved and accepted by Ordinance No.               .

      ______________      ______________

      Clerk of Council      Mayor

   (n)   Warren County Recorder.

      File No.__________________

      Received on this ________ day of _______, (year) at _____ m.

      Recorded on this _______ day of ________, (year) at ______m.

      Recorded on Plat Book No. ______on Page No. _________.

      Fee:__________.

      By:

      ___________      ___________________

      Deputy         Warren County Recorder

   (o)   Warren County Auditors transfer.

      Transferred in this _______ day of______, (year) .

      By:

      __________      ___________________

      Deputy         Warren County Auditor

(Ord. 99-207, passed 1-10-2000)

   The general principles of design and the minimum requirements for the laying out of subdivisions may be varied by the Commission in the case of a subdivision large enough to constitute a more or less self-contained neighborhood to be developed in accordance with a comprehensive plan safeguarded by appropriate restrictions, which in the judgment of the Commission make adequate provision for all essential community requirements; provided, however, that no modification shall be granted by the Commission which would conflict with the proposals of the Official Thoroughfare Plan or with other features of the Comprehensive Development Plan, or with the intent and purpose of the general principles of design and minimum requirements as defined in these Subdivision Regulations.

(Ord. 99-207, passed 1-10-2000)

   In the case of a minor subdivision situated in a locality where conditions are well defined, the Commission may exempt the subdivider from complying with some of the requirements stipulated in Chapters 1103 and 1105 pertaining to the preparation of the preliminary plat.

(Ord. 99-207, passed 1-10-2000)

   (a)   A proposed division of a parcel of land along an existing public street, not involving the opening, widening or extension of any street or road and involving no more than five lots after the original tract has been completely subdivided, may be submitted to the City Engineer for approval. If the City Engineer, as the authorized representative of the Planning Commission, is satisfied that the proposed division is not contrary to applicable platting, subdividing or zoning regulations, the City Engineer shall, within 20 working days after the original submission, approve the proposed division and, on presentation of a conveyance of the parcel, shall stamp the same “Approved by the City Planning Commission, Mason, Ohio, NO PLAT REQUIRED” and shall sign it as the authorized representative of the Planning Commission. For his or her review, the City Engineer shall require the submission by the subdivider of an application obtained from the Engineering and Building Department, a fee as noted in § 205.01, a survey plat, a legal description of the land or a survey completed by a registered surveyor and the original deed for signature.

   (b)   If the City Engineer refuses approval of a subdivision without a plat, the applicant may appeal to the Planning Commission. Additionally, if the City Engineer is in doubt as to whether or not the subdivision qualifies for approval without a plat, the City Engineer may refer the question to the Planning Commission.

(Ord. 99-207, passed 1-10-2000)

   In any particular case where the subdivider shows that, by reason of exceptional topographic or other physical conditions which are not the result of the action of the subdivider, literal compliance with any requirement of these Subdivision Regulations would cause practical difficulty or undue hardship, the Commission may relax the requirement to the extent deemed just and proper, so as to relieve the difficulty or hardship; provided the relief may be granted without detriment to the public interest and without impairing the intent of these Subdivision Regulations or the development of the neighborhood and the community in accordance with the Comprehensive Development Plan and the Zoning Ordinance. Any modification thus granted shall be entered in the minutes of the Commission setting forth the reasons justifying the modification.

(Ord. 99-207, passed 1-10-2000)

   (a)   Access management provides or manages access to land while simultaneously preserving the flow of traffic on the surrounding road systems in terms of safety, capacity and speed. Every roadway in a transportation network has a specific function, which can be broadly stated as either to provide direct access to abutting land or to provide for through traffic movement. In this context, it can be stated that the effects of access management become significant in the case of freeways, arterial streets and collector streets, where there needs to be a balance between through traffic movement and the access functions performed by the roadway.

   (b)   In order to promote safe and reasonable access between public roadways and adjacent land; improve the convenience and ease of movement of travelers on public roads; and permit reasonable speeds and economy of travel while maintaining the capacity of the roadway, the location and design of access points shall be in accordance with the following access management regulations. These regulations shall apply to all existing, planned or proposed roadways within the jurisdiction of the city. New or proposed roadways within the city not identified on the adopted Thoroughfare Plan shall interconnect with the existing roadway network in a uniform and efficient manner.

   (c)   Even though existing roadways and their accesses do not comply with the respective access restrictions in their class, for the prevention of the future breakdown of the balance between mobility and access functions, it is required that the city follow these regulations for all future access permits.

   (d)   When direct property access (wherever allowable) is permitted to any roadway, the developer shall bear the cost of the corresponding roadway improvements required to meet the restrictions defined by the access level of the respective roadway.

   (e)   The Engineering, Building and Planning Department shall be responsible for the uniform administration of these regulations, with the approval of the Planning Commission.

(Ord. 99-207, passed 1-10-2000)

   The following are the key components of the access management regulations:

   (a)   Roadway classification. Location-based and functional classification of roadways;

   (b)   Access classification. Classification of different access levels and their assignment to the roadways in the city;

   (c)   Access spacing regulations. Spacing guidelines for different access features at different levels of access;

   (d)   Traffic impact study guidelines. Regulations as to when a traffic impact study is needed and determination of the necessary components. See Chapter 1116; and

   (e)   Driveway approach and curb cut regulations. Regulations for the placement and construction of driveway approaches and curb cuts. See Chapter 1117.

(Ord. 99-207, passed 1-10-2000)

   For the purposes of this chapter, the following terms are defined.

   ACCESS or ACCESS CONNECTION. Any driveway or other point of entry and/or exit such as a street, road or thoroughfare, that connects to the general street system. Where two public roadways intersect, the secondary roadway shall be considered the access.

   ACCESS CONTROL. The regulation of the number, type and frequency of access points along a given roadway, and the design standards to which they should conform.

   ACCESS LEVEL. A numerical designation which defines the magnitude of access control.

   ACCESS MANAGEMENT PLAN. A roadway design plan which designates access locations and their design for the purpose of bringing public roadways into conformance with their access classification to the extent feasible.

   ADT. The annual average two-way daily traffic volume. It represents the total traffic for the year, divided by 365.

   ALLEY. A narrow roadway intended to provide access to the rear or sides of lots or buildings and not intended for through traffic.

   ARTERIAL, MAJOR. A multilane roadway, usually divided by a raised median, that allows for access at at-grade public street intersections; provides mobility to traffic at moderate to high speeds, volumes and distances; and serves interregional, intercity and intracity travel demands.

   ARTERIAL, MINOR. A multilane roadway that allows for access at at-grade public street intersections; restricts direct property access; provides access and mobility at moderate to high speeds and volumes in rural areas and low to moderate speeds and volumes in urban areas; and serves intercity, intracity and intracommunity travel demands.

   COLLECTOR, PRIMARY. A three-lane roadway that allows for access at at-grade public street intersections, restricts direct property access, provides access and mobility at moderate speeds and connects local or secondary collector streets to arterial roadways.

   COLLECTOR, SECONDARY. A two-lane roadway that allows for access at at-grade public street intersections, restricts direct property access, provides access and mobility at lower speeds, and connects primary collectors or arterials to local streets.

   COORDINATED SIGNALS. Two or more signalized intersections that have the same cycle lengths and are timed to improve the quality of progression from one signal to the next.

   CURB CUT. The area where a curb is level with the roadway to provide vehicular access from the roadway to an adjoining property.

   DIVIDED ROADWAY. A roadway with separated areas for traffic in opposite directions, the separation being indicated by depressed dividing strips, raised curbing, traffic islands or other physical barriers so constructed as to prevent or discourage crossover vehicular traffic; or otherwise indicated by standard pavement markings or other official traffic- control devices as prescribed in the Ohio Manual of Uniform Traffic Control Devices.

   DRIVEWAY OR PRIVATE ROAD. Every way or place in private ownership used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons.

   FREEWAY. A divided multilane roadway that allows for access at interchanges only; provides for through movement of traffic at high speeds, over long distances; and serves interstate, intrastate, interregional, intercity and intracity (in urbanized and metropolitan areas) travel demands.

   FUNCTIONAL ROADWAY CLASSIFICATION. A classification system that defines a public roadway according to its purposes and hierarchy in the local or statewide roadway system.

   GRADE SEPARATION. A crossing of two roadways, a roadway and a railroad, or roadway and a pedestrian walkway or bike path; where neither facility interferes with the operation of the other because of their differences in elevation.

   INTERCHANGE. A facility that provides ramps for access movements between intersecting roadways that are separated in grade. The ramps and any structures used to accomplish the movement of traffic between the roadways are considered part of the INTERCHANGE.

   LATERAL ACCESS. The first access point on a given street, in relation to its nearest street intersection. (See Figure 1115.)

   LATERAL ACCESS REGULATIONS. The rules which regulate the minimum distance of the first driveway on either side of an intersection. (See Figure 1115.)

   LEVEL OF SERVICE (LOS). A qualitative measure describing a range of traffic operating conditions such as travel speed and time, freedom to maneuver, traffic interruptions and comfort and convenience as experienced and perceived by motorists and passengers. Six levels are defined from A to F, with A representing the best range of conditions and F the worst. See Table 1116 in Chapter 1116.

   LOCAL STREET. A two-lane roadway that allows for access at at-grade public street intersections, permits direct property access and carries traffic at low speeds to and from collector streets.

   MEDIAN. The portion of a roadway separating the opposing traffic flows.

   PRIVATE ROAD. See DRIVEWAY.

   RIGHT-OF-WAY. A general term denoting land, property or the interest therein, usually in the configuration of a strip acquired for or devoted to transportation purposes. When used in this context, RIGHT-OF-WAY includes the roadway, shoulders or berm, ditch and slopes extending to the right-of-way limits under the control of the state or city.

   ROAD. A roadway.

   ROADWAY. The paved area between the edges of the right-of-way bounding every public way and that is to be used for vehicular traffic. Unpaved and paved shoulders are included in a ROADWAY.

   ROUTE. A roadway.

   SIGNAL. A traffic control signal.

   SIGNALIZATION. Installing or modifying a traffic control signal.

   SIGNAL PROGRESSION. The progressive movement of traffic at a planned rate of speed, without stopping, through adjacent signalized locations within a traffic control system.

   STREET. A roadway.

   THOROUGHFARE. A roadway.

   TRAFFIC IMPACT STUDY (TIS). A study that is required to be completed according to the conditions specified in § 1116.02. The purpose and need for the TIS is to determine more precisely the impacts of the access usage; to mitigate these impacts through the proper location, design and construction of access connection(s); and to ensure the continued functional and operational integrity of the roadway.

   TRAFFIC VOLUME GENERATOR. A measure of the amount of traffic, as shown in Table 1115.01.

 

 

(Ord. 99-207, passed 1-10-2000)

   The roadways of the city are classified based on their location, function and desired level of access control. The classifications are as follows.

   (a)   Location based roadway classification. The roadways of the city were first classified into urban, suburban and rural, based on their location. This general classification will help in the assignment of access levels and access standards to roadways based on their location. Please refer to Map 1115.01.

      (1)   Urban can be construed to represent the central city, or other areas where density exceeds 6,000 persons per square mile;

      (2)   Suburban can be defined as all parts of an urbanized area other than the central city; and

      (3)   Rural represents all other areas.

   (b)   Functional roadway classification.

      (2)   The roadway classifications in the city are based primarily upon traffic volumes and capacity, operating speeds and trip distances. The classifications also take into consideration the functions performed by the roadway; traffic flow intensity and characteristics; linkages between activity centers, land usage and areas served; and system continuity and design features.

         A.   Freeways. Freeways typically carry high volumes of traffic at high speeds over long distances. For freeways, maximum priority is assigned to mobility and minimum priority is assigned to access functions. Freeways are complete access-controlled roadways with access at interchanges only.

         B.   Major arterial. Major arterials carry a significant amount of through traffic. They also serve as the primary access channels for traffic originating from the city to the interstates and vice-versa. Direct property access may be provided if no reasonable alternate access from an intersecting street is available. Development patterns in the city suggest a significant amount of development in and around these roadways, with direct property access having been granted from these roadways. However, when granting future access permits, it is important that the stipulations mentioned in these guidelines are followed, assuring that the grants do not interfere with the primary function of providing efficient (if possible, uninterrupted) through traffic movement.

         C.   Minor arterials.

            1.   The primary distinguishing features between major and minor arterial roadways are the volume of through traffic, operating speeds and the respective priorities assigned to providing through traffic movement and access to abutting developments.

            2.   The priority assigned to providing through traffic movement is marginally lower for minor arterials when compared with that assigned to major arterials. Also, minor arterial roadways are not necessarily the primary carriers of traffic to and from the city. They either serve as connectors between major arterial roadways and collector streets, or act as auxiliary channels for carrying through traffic to and from remote locations and from major arterial roadways. Essentially, minor arterial roadways perform the role of a major arterial roadway in cases where the trip distances are significantly lower.

         D.   Collector streets. Collector streets serve as connectors for traffic flow between the arterial roadways and the local streets. Collector streets are vital links for collection and distribution of traffic to and from the local streets, with equal priorities assigned to the functions of providing through traffic flow and access to abutting land developments. Hence it is important that the city focuses its attention on preserving the functional integrity of existing collector streets, and also prevent the future roadways (designated as collectors) from losing the balance between through traffic flow and access functions. It is essential that collector streets do not carry excessive volumes of through-traffic. This would defy their purpose as well as increase the risk of accidents due to excessive speed differentials at intersections.

            1.   In the roadway classification system, the collector streets of the city are subdivided into primary collector streets and secondary collector streets because:

               a.   This helps to account for differences in the length and extent of different collector streets;

               b.   The trip origins and ends for primary and secondary collector streets are different from each other;

               c.   This subclassification makes the access management plan specific, rather than general, to the different roadway types in the city;

               d.   This subclassification also accounts for basic differences in traffic flow characteristics between primary and secondary collectors; and

               e.   They do not permit residential driveway cuts and restrict the use of commercial driveway cuts.

            2.   The inherent characteristics of primary collector streets are as follows:

               a.   Primary collector streets connect local streets or secondary collector streets to arterial roadways (major or minor);

               b.   More often than not, the traffic flow pattern along primary collector streets is such that traffic to and from originates from or ends in secondary collector streets; the other ends of trips originate from or end in arterial roadways;

               c.   They usually dissect the land pockets between arterial streets from one end to the other in such a way that a reasonable amount of access is provided for the land developments in the respective land pockets; and

               d.   They are usually longer than the respective adjoining secondary collector streets or local streets.

            3.   The inherent characteristics of secondary collector streets are as follows:

               a.   They connect primary collector streets or arterial roadways to local streets;

               b.   In most cases trip ends originate from or end in local streets; the other ends of trips originate from or end in either arterial roadways or in primary collector streets;

               c.   They do not usually span the land pockets between arterial roadways. There may be exceptions depending on the existence of nearby collectors that serve as primary collector streets;

               d.   They are usually shorter in length than the respective primary collectors from which they branch; and

               e.   They restrict direct property access.

         E.   Local streets. The purpose of local streets is to provide direct access to abutting properties and land developments. The most important function for these streets is access provision, while through-traffic movement on these streets is secondary. Any access restrictions imposed on local streets will be only for safety purposes. All streets in the city that are not otherwise classified are local streets.

         F.   Alleys and private streets. An alley provides access to the rear or sides of lots or buildings. Alleys are not intended to provide access for through traffic. Private streets provide access to individual private properties that are located within a large tract of private property (e.g., condominiums and business parks).

Refer to Table 1115.02, which provides typical characteristics for each of the roadway classes, and to Map 1115.02.

 

(Ord. 99-207, passed 1-10-2000)

   An access classification system involves the development of different access levels and the consequent assignment of allowable access levels to the roadways under consideration. Each roadway type is assigned an access control level according to the number, type and frequency of access points along the roadway, the volume and speed of traffic along the roadway, and the design standards required for safe and efficient traffic movement. The correlation of functional roadway classification and access levels for the city is shown in Table 1115.03. The specifications for each access level are shown in Table 1115.04. Refer also to Map 1115.03.

 

 

(Ord. 99-207, passed 1-10-2000)

   The roadway classifications are subject to change, as surrounding land uses change. As a particular roadway’s reclassification is necessary, the proposed classification shall be recommended for approval by the Planning Commission and then approved by the City Council.

(Ord. 99-207, passed 1-10-2000)

   Access spacing regulations establish standards of access spacing for the different access levels. Different sets of standards apply to interchanges and signalized intersections, unsignalized intersections and driveways, median openings and to lateral access restrictions.

   (a)   Interchanges and signalized intersections. The very nature of the access spacing guidelines for interchanges and signalized intersections makes it impossible to require that all spacing distances be exact. Roadway and access designs should conform to the specifications in Table 1115.05 as closely as possible. When a new interchange or signalized intersection is proposed, the applicant shall provide justification for the proposed location. Final approval shall be obtained from Planning Commission.

(Ord. 99-207, passed 1-10-2000)

 

   (b) Unsignalized intersections and driveways. Minimum spacing regulations have been set for unsignalized driveways and roadways. The intent of these regulations is to avoid significant delays and/or accidents caused by frequent access points along a given roadway. The spacing regulations are based upon the type of traffic volume generator or land use, and its location classification (urban, suburban, rural) along a given roadway. To determine the roadway location classification, refer to Map 1115.01. Refer to Table 1115.06 for the specific development standards.

 

   (c)   Median openings. Minimum spacing regulations have been developed to regulate the distance between median openings. These regulations are intended to:

      (1)   Ensure that vehicles making turns through the median openings will not cause significant delays; and

      (2)   Ensure a safer, uncongested through movement along the divided roadway. Minimum spacing regulations, based upon roadway type, are listed in Table 1115.07.

 

   (d)   Lateral access regulations.

      (1)   Lateral access regulations have been developed to regulate the distance between the first driveway or unsignalized street on either side of an intersection.

      (2)   Lateral access regulations are intended to:

         A.   Provide for sufficient vehicle stacking distance at intersections so that vehicles backed up at a traffic signal will not block the use of the driveway;

         B.   Ensure that vehicles turning left through an intersection and into the lateral access do not back up into the intersection and block through movements;

         C.   Ensure that vehicles turning out of driveways have sufficient time to either:

            1.   Cross the traffic lanes with a left turn movement; or

            2.   Turn right and accelerate sufficiently, without risk of conflict from a car coming around the corner.

      (3)   Minimum distances, based upon roadway type and development type are listed in Table 1115.08.

 

(Ord. 99-207, passed 1-10-2000)

   (a)   All driveway approaches and curb cuts are subject to the regulations in this chapter and in Chapter 1117.

   (b)   Determination of application procedure. Any owner or subdivider intending to apply for the placement of a new roadway, driveway approach or curb cut within the city shall first inquire of the City Engineer as to the type of application procedure required. The City Engineer shall consider street classification, access type, configuration of the access point, and the zoning of the property in order to determine that either a right-of-way permit is required, or that the application for the roadway, driveway approach or curb cut shall be submitted as part of the subdivision process as described in Chapter 1103 or as part of a site plan as described in Chapter 1135 or as part of the PUD concept plan as described in Chapter 1161.

   (c)   Right-of-way permit. If, according to division (b) above, the City Engineer determines that a permit to work in the right-of-way is required, the permit shall be filed according to Chapter 1117.

(Ord. 99-207, passed 1-10-2000)

   A traffic impact study (TIS) allows the city to foresee, before the approval of a proposed development, the impact it will have on adjacent roads, intersections and site access driveways. It provides guidance for site access, on-site circulation, parking and off-site improvements necessary to permit the street system to operate at a satisfactory level of service.

(Ord. 99-207, passed 1-10-2000)

   To promote efficient access management, a traffic impact study for a proposed development shall be submitted with the site plan or preliminary plat when the development meets any of the following criteria:

   (a)   The proposed development generates 100 or more added new peak hour trips to and/or from the site during the adjacent roadway’s peak hours or during the development’s peak hour and the proposed development generates more than 1,000 trips daily;

   (b)   The development is expected to reduce the level of service on adjacent roadways and/or intersections to below “C;”

   (c)   A level of service lower than “C” already exists on a roadway that is adjacent to the proposed development;

   (d)   The development is within 500 feet of a high-accident (20 or more per year) intersection or section of roadway;

   (e)   One or more of the proposed access drives to the development is within 500 feet of a public roadway intersection or within 250 feet of a drive that is a high traffic volume generator;

   (f)   The traffic generated by the proposed development will increase the ADT by 25% or more on roadways in adjacent neighborhoods, as determined by the City Engineer;

   (g)   Traffic volumes of 10,000 ADT or higher exist on roadways adjacent to the proposed development; and

   (h)   The City Engineer determines that other conditions exist in the vicinity of the proposed development that may be negatively impacted by the development. Final determination of the conditions shall be agreed upon by the City Engineer and the developer.

(Ord. 99-207, passed 1-10-2000)

   The minimum study area shall include all proposed and existing site access locations and major intersections (signalized and unsignalized) adjacent to the site. Depending on the overall size of the development, as well as the nature of the development, the City Engineer may require that additional areas be included in the study, based upon, but not limited to, local or site-specific issues, local policy and impacts that are likely to occur to residential areas. Final determination of the study area shall be agreed upon by the City Engineer and the developer.

(Ord. 99-207, passed 1-10-2000)

   An appropriately scaled site plan shall be submitted as part of the traffic impact study. The site plan shall include:

   (a)   Adjacent public roadway(s), including the existing traffic lanes and their configuration;

   (b)   All public roads and private access driveways that exist or are proposed within 500 feet beyond the limits of the site property. This distance may be reduced by the City Engineer, depending upon the site location;

   (c)   All proposed access points to the public road system, including pavement markings; and

   (d)   Internal traffic flow, stacking areas and parking.

(Ord. 99-207, passed 1-10-2000)

   The horizon years are the years for which the traffic impact study are to be characterized. The study shall address traffic conditions:

   (a)   On opening day;

   (b)   At the anticipated completion year of the proposed development at full build-out and occupancy; and

   (c)   At the completion of each major phase, if the development is to occur in phases.

(Ord. 99-207, passed 1-10-2000)

   In order to ensure adequate roadway operation and sufficient driveway, turn lane and queuing capacity, the traffic impact study shall analyze traffic:

   (a)   (1)   At street peak hours. The peak hours of the highway system are generally a one hour period between:

         A.   7:00 a.m. and 9:00 a.m. on weekdays;

         B.   4:00 p.m. and 6:00 p.m. on weekdays; and

         C.   12:00 noon and 2:00 p.m. on Saturdays.

      (2)   Changes in peak hours can occur over time.

   (b)   At the site directional peak hours;

   (c)   Hours for which a land use classification promotes the highest trip generation during times other than weekday peak hours. The land use classifications include, but are not limited to, schools, theaters, churches, shopping centers and discount stores; and

   (d)   Other hours deemed necessary by the City Engineer.

(Ord. 99-207, passed 1-10-2000)

   The impacts and transportation infrastructure needs shall be assessed separately for the horizon level of service both with and without site development. The separate studies shall include:

   (a)   All significant developments within the study area that have been approved or are likely to occur by the specified horizon year;

   (b)   The impacts of off-site development;

   (c)   The transportation improvements required for the approximate proportion of the improvements attributable to the traffic generated by the proposed development;

   (d)   (1)   Non-site traffic volume estimates for the horizon years in the study. Non-site traffic has neither an origin from, nor destination to, the subject site. The traffic volume conditions of the study area in the horizon years, assuming the proposed site is not developed or redeveloped, must be established.

      (2)   Non-site traffic volumes shall be calculated using the “build-up” method to provide accurate and easily traced results. The “build-up” method is a method of determining peak hour factors for non-site traffic by building the opening day traffic volumes and the horizon year(s) traffic volumes if the site were not developed. This is accomplished by adding or building, the following items:

         A.   Existing traffic volumes in the area;

         B.   Traffic to be generated by approved and anticipated developments in the study area;

         C.   Estimated growth in through traffic generated from outside the study area; and

         D.   If the subject site is being redeveloped, existing site- generated traffic shall be subtracted from the total of these items.

   (e)   A determination of the level-of-service “D” for future base conditions. Future base conditions to assess the traffic operations and needed improvements in the horizon years without the subject development in place must first be determined.

(Ord. 99-207, passed 1-10-2000)

   The internal design of the development shall provide sufficient traffic capacity and queuing space, and shall provide for distribution of automobiles to and from parking spaces, pick-up/dropoff points and drive-through lanes. The internal design has a direct bearing on the adequacy of site access points. The identification and design of access points between the site and the external roadway system is directly related to both the directional distribution of site traffic and the internal circulation of the facility. Simply providing access to a site by means of curb cuts does not necessarily mean that access to the development has been adequately addressed. The quality of the internal site circulation and design has a direct impact on the quality of traffic flow in and around the site development and on public safety.

(Ord. 99-207, passed 1-10-2000)

   Joint access and cross access by two or more properties shall be considered. Joint access reduces the number of driveway openings and turning movement conflicts. Cross access permits motorists to travel to adjacent properties without first exiting out of one commercial access onto the public roadway and then reentering adjacent commercial access driveways.

(Ord. 99-207, passed 1-10-2000)

   (a)   In determining the amount of traffic to be generated by the proposed development, trip generation rates or equations from the latest edition of Trip Generation, a publication from the Institute of Transportation Engineers, shall be used. The proposed development shall be categorized by the specific land use classification contained in Trip Generation. If specific trip rates are not available for a particular development, the method of trip rate determination shall be agreed upon by the City Engineer and the developer.

   (b)   Documentation shall be provided to verify the reason for any variation from normally recognized generation rates or equations and for assumptions unique to the development being studied. Trip generation rates must be defensible using a combination of available data and professional judgment.

   (c)   A table shall be provided in the study report showing the categories and quantities of land uses, with the corresponding trip generation rates or equations and resulting number of trips. The reason for using the rates or equations shall be documented in the report. For large developments that will be phased in over time, the table shall also provide trip generation expected at each significant phase.

(Ord. 99-207, passed 1-10-2000)

   (a)   The impact of the proposed project on intersections and roadways within the study area shall be analyzed by distributing the traffic and assigning it to the roadway. The directions from which traffic will approach and depart the site can vary depending on several factors, including the type and size of the proposed development, the surrounding and/or competing land uses, and the conditions on the surrounding street system. Trip assignments shall be made considering logical routings, available roadway capacities, left turns at critical intersections, and projected and perceived minimum travel times.

   (b)   An influence area shall be designed to assist in the distribution of traffic. The influence area shall include surrounding communities and roadways from which traffic is expected to be attracted. This is normally determined by a marketing study. If no study exists, the influence area shall be determined based on reasonable estimates. Existing trip distribution data from similar, developed sites within the immediate vicinity may be used for making assignments.

   (c)   Many land uses such as fast food restaurants, service stations, restaurants and shopping centers not only generate new trips, but also attract trips that were already passing by in the traffic stream. The procedure described in the Institute of Transportation Engineers’ Trip Generation shall be used to account for these “pass-by” trips.

(Ord. 99-207, passed 1-10-2000)

   (a)   Capacity analyses shall be performed on each of the street and site intersections (signalized and unsignalized) in the study area. For each analysis period being studied, projected traffic volumes for site and non-site traffic shall be analyzed and used for capacity analysis for future conditions. LEVEL OF SERVICE (LOS) is the street’s ability to carry traffic in terms of average stopped delay per vehicle. The LOS analysis procedure set forth in the most recent issue of the Highway Capacity Manual, published by the Highway Research Board, shall be used to evaluate traffic operating conditions.

 

   (b)   The city’s goal for the operation of its roadways is to maintain the best level of service possible. An overall level of service of “D” shall be the minimum acceptable. The level of service for an intersection is computed as a weighted average of the vehicle delay. An intersection may have an overall LOS of or “D” and have individual movements of LOS “E” or “F.” As a result, all movements should be analyzed individually. Recommendations shall include modifications to reduce delay and increase capacity on the critical movements.

(Ord. 99-207, passed 1-10-2000)

   Peak hour factors (PHF) shall be calculated based on existing count data for signalized and non-signalized intersections and roadways. For analyzing future conditions, a peak hour factor of .90 shall be used unless agreed upon by the City Engineer. For existing signals that will be analyzed, it is the responsibility of the developer to obtain and use the existing cycle lengths and signal phasing from the city, unless otherwise agreed to by the City Engineer.

(Ord. 99-207, passed 1-10-2000)

   The developer shall meet with the City Engineer, or his or her designated representatives, to discuss the following variables:

   (a)   Right turn on red assignments;

   (b)   Grades;

   (c)   Lane widths;

   (d)   Percent of trucks;

   (e)   Pedestrian movements; and

   (f)   Any deviations from the proscribed procedures described herein, and agreed to by the City Engineer and the developer. The deviations shall be noted in a memo of understanding from the City Engineer to the developer. Unless so noted in the letter, the standard practices described herein shall be used.

(Ord. 99-207, passed 1-10-2000)

   The traffic impact study shall include recommendations for improvements to maintain capacity, provide signal capacity, and improve safety to, from and within the development. These may include, but are not limited to:

   (a)   Intersection recommendations. Modifications to reduce delay and increase capacity on the critical movements, while not negatively impacting non-site traffic. The modifications may include, but are not limited to, adding lanes, removing curb parking, changing signal phasing or timing, and lane use modifications. A level of service of “D” or better is required;

   (b)   Site driveway recommendations. If site driveways are proposed to be signalized, they shall be warranted and located for good traffic progression past the site. Adequate ingress and egress capacity shall be provided. Capacity of on-site intersections shall be sufficient to prevent traffic that is entering the site from backing up on the adjacent street; and

   (c)   Acceleration and deceleration lanes. May be required to minimize potential for accidents due to speed reduction at driveways, even if turn volume requirements do not require the lanes.

(Ord. 99-207, passed 1-10-2000)

   The cost for infrastructure improvements, new traffic signals, modification of existing traffic signals, traffic signs and pavement markings which are necessitated by the new development shall by borne by the developer. The city may participate in the costs if the City Engineer determines the changes will provide benefits to vehicle or pedestrian traffic not associated with the proposed development.

(Ord. 99-207, passed 1-10-2000)

   The following report outline provides a framework for traffic impact study reports to the extent they are relevant to the study issues and needs. Topics not relevant may be omitted; however, additional sections may be warranted because of specific issues to be addressed, local study requirements and results of the study.

   Traffic Impact Study Report Outline

   I.   Title Page

      A.   Development’s name

      B.   Development’s location

      C.   Applicant’s name, address, telephone and fax numbers

      D.   Preparer’s name, address, telephone and fax numbers

      E.   Report date

   II.   Table of Contents

   III.   List of Figures, Tables and Appendices

   IV.   Executive Summary

   One to two page maximum summary including the following:

      A.   Site location and study area

      B.   Development description

      C.   Main findings

      D.   Conclusions

      E.   Recommendations

      F.   Memo of understanding to City Engineer

   V.   Proposed Site Development

      A.   Information sources

      B.   Existing zoning

      C.   Land use and anticipated quantity

      D.   Location

      E.   Site plan

      F.   Phasing and timing

   VI.   Area Conditions

      A.   Study area

         1.   Area of influence

         2.   Area of significant impact

      B.   Study area land use

         1.   Existing land use

         2.   Existing zoning

         3.   Anticipated future development

      C.   Site accessibility

         1.   Area roadway system

            a.   Existing

            b.   Future

         2.   Traffic volumes and conditions

         3.   Transit service

         4.   Existing relevant transportation management programs

   VII.   Projected Traffic

      A.   Horizon years

      B.   Peak hours

      C.   Site traffic

         1.   Trip generation

         2.   Trip distribution

         3.   Modal split

         4.   Trip assignment

      D.   Through traffic

         1.   Method of projection

         2.   Non-site traffic for anticipated development in study area

            a.   Method of projection

            b.   Trip generation

            c.   Modal split

            d.   Trip assignment

         3.   Through traffic

         4.   Estimated volumes

      E.   Total traffic

   VIII.   Traffic Analysis

      A.   Site access

         1.   Vehicular

         2.   Service and emergency (check with emergency personnel for requirements)

         3.   Pedestrian

         4.   Transit

      B.   Capacity and level of service

         1.   Intersections

         2.   Ramps

         3.   Weaving sections

      C.   Traffic safety

         1.   Sight distances

         2.   Impact on current high accident locations

         3.   School zones within study area

         4.   Special circumstances

      D.   Traffic control

         1.   Traffic signals

            a.   Signal warrants

            b.   Signal coordination

         2.   Speed limits

         3.   Other

      E.   Site circulation and parking needs

         1.   On-site parking needs

         2.   Ease of internal circulation

         3.   On-site queuing provisions

         4.   Joint access

   IX.   Improvement Analysis

      A.   Improvement to accommodate base traffic

      B.   Additional improvements to accommodate site traffic

      C.   Alternative improvements

      D.   Status of improvements already funded, programmed or planned

      E.   Evaluation

   X.   Findings

      A.   Site accessibility

      B.   Traffic impacts

      C.   Need for improvements

      D.   Compliance with applicable codes

   XI.   Recommendations

      A.   Site access/circulation plan

      B.   Site access

         1.   On-site circulation and parking

         2.   Off-site circulation

      C.   Roadway improvements (preliminary drawings showing improvements)

         1.   On-site

         2.   Off-site

         3.   Phasing

   XII.   Site Plan

(Ord. 99-207, passed 1-10-2000)

   No person, corporation or firm, other than an authorized employee of the city, shall construct a driveway approach connecting to a public street or right-of-way or cut, break out or remove any curb along any street or other public way without first obtaining a driveway approach/curb cut permit. Each day of violation shall constitute a separate offense. Applications for driveway approach/curb cut permits shall be made at the City Engineer’s office, according to the application procedures in § 1115.08. The City Engineer or his or her designate may require the construction plans or drawings with the permit application as he or she deems necessary to:

   (a)   Permit all reviewing authorities to make an intelligent and conclusive review of the application;

   (b)   Enable the contractor to construct the proposed facility in accordance with the terms of the permit;

   (c)   Enable the individual responsible for inspection to insure that the facility is constructed in accordance with the terms of the permit; and

   (d)   Serve as a record of the construction authorized by the permit.

(Ord. 99-207, passed 1-10-2000)

   If, according to § 1115.05 the City Engineer has determined that a permit to work in the right-of-way is required, the applicant shall submit the completed permit, available from the City Engineer’s office, together with the fees for the permit. The fees shall be as established and set forth in the fee schedule in Part One - Title Eleven, Chapter 205 of these codified ordinances. The amounts of the fees shall be as set by ordinance from time to time.

(Ord. 99-207, passed 1-10-2000)

   The City Engineer may impose conditions in the permit upon the construction of the driveway approach/curb cut, which conditions are designed to facilitate the safe movement of pedestrian traffic and the safe and expeditious movement of motor vehicles on the public streets or ways affected by the driveway approaches/curb cuts. The conditions imposed upon driveway approaches/curb cuts under this section shall take into consideration the designed speed limit and sight distance at the location and may include, but are not limited to, the following:

   (a)   Limitations of the number, size and location of driveway approaches/curb cuts for any premises to which the permit applies;

   (b)   Requiring the use of alternative means of access such as service or private drives or frontage roads, to run parallel to the public street or way, rather than direct connection to the public street or way where the alternate means are accessible to the premises to which the permit applies and/or requiring that direct connection of driveway approaches/curb cuts to the public street or way be limited and used only until alternative means of access such as service or private drives or frontage roads are made accessible to the permit premises;

   (c)   Limiting the construction of driveway approaches/curb cuts to only one public street or way where the premises to which the permit applies abuts more than one public street or way;

   (d)   Requiring that driveway approaches/curb cuts be marked and/or constructed to allow only entrance to or only exit from the permit premises;

   (e)   Requiring the construction of safety islands to separate two driveway approaches/curb cuts;

   (f)   Requiring the construction of right hand and/or left hand deceleration/acceleration and/or storage lanes which shall be required to be a minimum of 200 feet each way with a 100-foot taper, or longer as determined by the traffic impact study. The lanes may be permitted to be decreased, based on the physical conditions, characteristics and use of the property. The lanes shall meet the requirements of the city construction standards and include the appropriate traffic-control devices, including, but not limited to, signals, as necessary;

   (g)   Requiring the construction of driveway turnaround facilities so that vehicular traffic can change direction on the permit premises and enter the roadway in a forward direction;

   (h)   Requiring the consolidation of access points. Major access points on opposite sides of roadways shall be located opposite each other. If not so located, turning movement restrictions may be imposed as determined necessary by the City Engineer. In addition, in order to maximize the efficient utilization of access points, access drives shall be designed, located and constructed in a manner to provide and make possible the coordination of access with and between adjacent properties developed (present or future) for similar or compatible uses. As a condition of approval for construction, use or reuse of any access point, the City Engineer may require that unobstructed and unencumbered access, in accordance with the provisions of this chapter, be provided from any access point to adjacent properties; and

   (i)   Requiring the consolidation of existing access points. Whenever the use of a parcel of land changes, or two or more parcels of land are assembled under one purpose, plan, entity or usage, the existing driveway permits shall become void and the new permit shall be based upon the owner/developer’s plans to use some existing driveways and/or close or relocate other driveways. Any new or reauthorized access point must be in compliance with all applicable sections of this regulation.

(Ord. 99-207, passed 1-10-2000)

   The conditions for the construction of driveway approaches/curb cuts specified by the City Engineer under this chapter shall be provided in writing to the applicant at the time the permit is issued.

(Ord. 99-207, passed 1-10-2000)

   The City Engineer may require a bond from the applicant or property owner to assure compliance with the conditions imposed under this chapter.

(Ord. 99-207, passed 1-10-2000)

   In any case in which an application for a building permit includes a change in the primary use of the premises, or in any case in which there is construction, reconstruction, enlargement or expansion for larger and essentially commercial construction which must comply with the formal administrative procedures for a zoning certificate under § 1135.05, the existing driveway approaches/curb cuts for the premises may be reviewed in accordance with the provisions of this chapter.

(Ord. 99-207, passed 1-10-2000)

   The City Engineer may establish general conditions applicable to the construction of all driveway approaches/curb cuts for premises within specific land use categories.

(Ord. 99-207, passed 1-10-2000)

   When a proposed driveway approach/curb cut or any facilities required to be constructed in conjunction with any driveway approach/curb cut interferes with street light poles or posts, traffic signal standards, signs, stormwater, inlets, hydrants, utility poles, fire alarm supports, underground ducts or pipes, drainage facilities or other necessary street structures, the owner of the parcel of land served by the driveway approach/curb cut shall pay the expense of moving and/or altering the structure as determined to be necessary by the City Engineer.

(Ord. 99-207, passed 1-10-2000)

   Proposed driveway approaches and curb cuts or improvements to existing driveway approaches and curb cuts shall comply with the official Thoroughfare Plan, the design and improvement standards under these Subdivision Regulations and with the purpose and restrictions of the Zoning Ordinance before a permit is issued. Whenever a driveway approach and/or curb cut or improvements to existing driveway approaches and/or curb cuts embraces any part of a roadway, the part of the public way shall be platted by the owner or subdivider in the location and at the width indicated by the aforementioned documents.

(Ord. 99-207, passed 1-10-2000)

   No person, corporation or firm shall violate any condition specified by the City Engineer under § 1117.03 in a driveway approach/curb cut permit. Each day of the violation shall constitute a separate offense.

(Ord. 99-207, passed 1-10-2000)

   Whoever violates § 1117.01 or § 1117.10 shall be guilty of a minor misdemeanor and shall be fined up to a maximum of $150 for each offense. Each day’s violation is a separate offense.

(Ord. 99-207, passed 1-10-2000)

   These Subdivision Regulations and the various parts, articles and paragraphs thereof are hereby declared to be severable. If any article, section, subsection, paragraph, sentence or phrase of these Subdivision Regulations is adjudged unconstitutional or invalid by any court of competent jurisdiction, the remainder of these Subdivision Regulations shall not be affected thereby.

(Ord. 99-207, passed 1-10-2000)

   The Clerk of Council is hereby ordered and directed to certify the passage of these Subdivision Regulations. These Subdivision Regulations shall be effective 30 days after passage.

(Ord. 99-207, passed 1-10-2000)

   All other ordinances of the city, inconsistent with the provisions of these Subdivision Regulations and to the extent of the inconsistency and no further, are hereby repealed.

(Ord. 99-207, passed 1-10-2000)

   Any person found guilty of violating any of the provisions of these Subdivision Regulations shall be subject to a fine or penalty of not more than $300 or imprisoned for not more than 90 days or both. Each violation shall be deemed a separate offense and subject to all the penalties hereof.

(Ord. 99-207, passed 1-10-2000)

   For the purpose of this chapter, the following words and phrases shall have the following meanings ascribed to them respectively.

   BUILDING OFFICIAL. The Building Official of the City of Mason.

   BUILDING INSPECTOR. A person designated by and representing the city, also referred to as the Inspector for purposes of this chapter.

   CITY. The City of Mason, and its authorized agents.

   CITY ENGINEER. A professional engineer designated by and representing the City of Mason or his or her authorized agent.

   CITY MANAGER. The City Manager of the City of Mason.

   COUNCIL. The City Council of the City of Mason, Ohio.

   CUT. See EXCAVATION.

   DETENTION BASINS. Dry surface stormwater storage areas created by natural contours or by constructing an excavated or embankment basin or by installing underground structures such as concrete pipes or chambers.

   DEVELOPMENT. A change in the use of a parcel of land which will alter the natural or existing state of the property.

   DEVELOPER. A person or company performing construction work of any kind in the project area.

   EMBANKMENT. A fill. Any act by which earth, sand, gravel, rock or any other material is placed, pushed, dumped, pulled, transported or moved to a new location above the natural surface of the ground or on top of the stripped surface or cut and shall include the conditions resulting therefrom. The difference in elevation between a point on the original ground and a designated point of higher elevation on the final grade. The material used to make a fill.

   EROSION. The wearing away of the land surface by the action of wind, water or gravity.

   EXCAVATION. A cut. Any act by which earth, sand, gravel, rock or any other similar material is dug into, cut, quarried, uncovered, removed, displaced, relocated or bulldozed and shall include the conditions resulting therefrom. The difference between a point on the original ground and a designated point of lower elevation on the final grade. The material removed in excavation.

   FILL. See EMBANKMENT.

   GRADING. Any stripping, cutting, filling, stockpiling or any combination thereof and shall include the land in its cut or filled condition.

   MULCHING. The application of suitable materials on the soil surface to conserve moisture, hold soil in place and aid in establishing plant cover.

   NATURAL VEGETATION. The ground cover in its original state before any grading, excavation or filling.

   ODOT. The Ohio Department of Transportation.

   PERMANENT VEGETATION. Producing long term vegetative cover, that is bluegrass, tall fescue, crown vetch and the like.

   PLAN. The Water Management and Sediment Control Plan.

   PROJECT AREA. The land lying within the geographical limits of the tract(s) or parcel(s) under consideration and on which the work is to be performed.

   REDEVELOPMENT. Any alteration to an existing building or site usage which will require Planning Commission or Building Department approval.

   RETENTION POND. Permanent ponds where additional stormwater storage capacity is provided above the normal water level.

   SEDIMENT. Solid material both mineral and organic, that is in suspension, is being transported or has been moved from its original site or origin by air, water or gravity as a product of erosion.

   SEDIMENT BASIN. A barrier or dam built across a waterway or at other suitable locations to retain rock, sand, gravel or silt or other materials.

   SLOPE. The face of an embankment or cut section; any ground whose surface makes an angle with the plane of the horizon. SLOPES are expressed in a percentage based upon vertical difference in feet per 100 feet of horizontal distance or as a ratio of horizontal distance to vertical distance, for example three to one means three feet horizontal distance to one foot in elevation change.

   STORMWATER MANAGEMENT SYSTEM. The combination of land grading, pavement slope, open channels, underground conduits (storm sewers, culverts, underdrains), catch basins, manholes, dams, detention/retention facilities and the like, designed according to acceptable engineering practice to properly transport, detain, store or dispose of stormwater.

   SUBDIVISION. The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, for lease, transfer of ownership or building or lot development. The name given to an area of land divided into lots including streets, walkways, easements and the like

   SWALE. A low-lying stretch of land which gathers or carries surface water runoff.

   SWCD. The Warren County Soil and Water Conservation District or its authorized agent.

   TEMPORARY VEGETATION. Short term vegetative cover used to stabilize the soil surface until final grading and installation of permanent vegetation, such as oats, rye or wheat.

   TOPSOIL. Surface soils and subsurface soils which presumably are fertile soils and soil material, ordinarily rich in organic matter or humus debris. TOPSOIL is usually found in the uppermost soil layer.

   WATERCOURSE. A permanent stream, intermittent stream, river, brook, creek, channel or ditch for water whether natural or man-made.

(Ord. 99-207, passed 1-10-2000)

   (a)   Before a parcel is cleared, graded or otherwise disturbed by the movement of earth by any person, partnership or corporation, a Water Management and Sediment Control Plan describing the proposed earth movement shall be approved by the Planning Commission, where development comes under any one or more of the following conditions, unless the development is exempted therefrom by division (b) hereof:

      (1)   Cut and fill will exceed 100 cubic yards. The cut volume shall not include that necessary for pavement, sidewalks or buildings, but, if the material from these excavations is placed within the project area as fill it shall be considered when calculating the fill volume;

      (2)   Cut or fill will exceed four feet in vertical depth at its deepest point measured from the natural ground surface;

      (3)   Existing surface drainage is impaired or if the proposed work within the project area constitutes a potential erosion hazard or acts as a source of sediment deposit to any adjacent land or watercourse;

      (4)   Final slopes are steeper than three to one;

      (5)   Fill placed on a surface having a slope steeper than five to one; or

      (6)   Existing stormwater runoff is altered in a way that affects adjacent properties.

   (b)   A Water Management and Sediment Control Plan shall not be required for any of the following conditions:

      (1)   Excavations below finished grade for drain fields, tanks, vaults, tunnels, equipment, basements, swimming pools, cellars or footings of buildings or structures for which a building permit shall have been issued by the city, unless the excavation is part of the work within a project area which required a permit;

      (2)   Excavation or removal of vegetation in public utility easements by public utility companies for the purpose of installing underground utilities, unless required by the City Engineer;

      (3)   Tilling of the soil for fire protection purposes;

      (4)   The construction of sod waterways, terraces, grade stabilization structures and surface water diversions which do not direct stormwater to adjacent property, tilling the soil and similar work on property used exclusively for farming or other agricultural purposes;

      (5)   When the Planning Commission rules that no Water Management and Sediment Control permit is required;

      (6)   For the construction of one or two family residences in an existing subdivision, their accessory structures and related work;

      (7)   Any construction work designed, bid and inspected by or under control of the city unless specifically required by the city; or

      (8)   Any unsubdivided parcel less than one acre in size.

(Ord. 99-207, passed 1-10-2000)

   (a)   The following principles are effective in minimizing erosion and sedimentation and shall be included where applicable in the Water Management and Sediment Control Plan:

      (1)   Stripping of vegetation, regrading or other development shall be done in a way that will minimize erosion. Whenever feasible, natural vegetation shall be retained, protected and supplemented;

      (2)   Development plans shall preserve salient natural features, keep cut-fill operations to a minimum, and ensure conformity with topography so as to create the least erosion potential;

      (3)   The smallest practical area of land shall be exposed at any one time and the duration of exposure shall be kept to a practical minimum. The topsoil shall be preserved and returned to the surface of areas to be revegetated, or new topsoil will be provided, or the surface shall be covered with sod;

      (4)   Disturbed soils shall be stabilized as quickly as practical with temporary vegetation or mulching to protect exposed critical areas during development;

      (5)   The permanent final vegetation and structural erosion control and drainage measures shall be installed as soon as practical in the development;

      (6)   Provisions shall be made to effectively accommodate the increased runoff caused by changed soil and surface conditions during and after development. Where necessary, detention/retention basins shall be provided according to the requirements of this chapter; and

      (7)   Sediment in the runoff water shall be trapped by the use of debris basins, sediment basins, silt traps or similar measures until the disturbed area is stabilized.

   (b)   The following standards shall be followed in preparing Water Management and Sediment Control Plans:

      (1)   All lots, tracts or parcels shall be graded to provide proper drainage away from the building and dispose of it without ponding except as provided herein. Each lot shall be graded so that water from the lot drains to a natural stream, swale, storm sewers or other watercourse;

      (2)   All drainage provisions shall be of the design to adequately handle the surface runoff;

      (3)   Concentration of surface water runoff shall only be permitted in swales or watercourses;

      (4)   The installation of the specific water management and sediment control measures shall be accomplished in accordance with the standards and specifications contained in the and the current edition of the Stormwater Manual and the SWCD;

      (5)   During the construction phase, further consultive technical assistance will be furnished, if necessary by the City Engineer or by the SWCD; and

      (6)   The Building Department shall enforce compliance with the approved plans.

   (c)   The approved Water Management and Sediment Control Plan required of the landowner or his or her agent shall include, but not be restricted to the following:

      (1)   A vicinity sketch and boundary line survey of the project area;

      (2)   Location of all existing buildings, structures, utilities, storm and sanitary sewers and waterlines in the project area;

      (3)   Location of all trees with a trunk diameter of greater than six inches measured at a point five feet from the ground or a report on the trees in a form acceptable to the city from an arboriculturist certified by the city. If there are no trees, a note so stating shall be placed on the plans;

      (4)   Location of any building or structure, on land of adjacent property owners, within 100 feet of the project area;

      (5)   Elevations, contours, dimensions, locations and extent of all work proposed to be done within and outside the project area, the existing elevations and contours of the land all in increments of two feet, and soil type and proposed ground cover for areas not covered by buildings, structures or pavement;

      (6)   A certification of the quantity of cut and fill involved;

      (7)   Detailed plans of all proposed stormwater provisions, retaining walls, vegetative practices, erosion and sediment control measures, location of fences around sediment basins, detention/retention basins or steep excavations and other protective devices to be constructed in connection with, or as a part of the proposed work;

      (8)   Provisions for maintenance of control facilities including easements to ensure short as well as long term erosion and sediment control;

      (9)   A map showing the drainage area of land tributary to the project area and estimated runoff of the area served by any drainage structure or watercourse, computed in accordance with the current edition of the Mason Stormwater Manual;

      (10)   The estimated cost of all the required water management and sediment control items.

(Ord. 99-207, passed 1-10-2000)

   (a)   Introduction.

      (1)   Every subdivision and land development shall be provided with a stormwater management system which

      (2)   A.   Developers are required to design improvements so that in a 100- year storm, the rate of stormwater runoff leaving the project area at strategic points is no more after development than if the project area had remained undeveloped. If necessary, detention/retention facilities shall be constructed to assure that this requirement is met.

         B.   Where an existing site is being partially or totally redeveloped all requirements of this chapter will be in full force and effect. If conditions warrant on partially redeveloped sites and the developer can show that the application of all requirements would cause a hardship, he or she may request partial relief from Planning Commission.

      (3)   The Planning Commission may waive requirements for an individual detention/retention basin if a common or regional detention/retention basin of adequate design is available or if the city is reasonably certain one will be constructed and if the major drainage system from the project area to the common or regional detention/retention basin is such that the public health, safety and welfare will not be in jeopardy. If this option is exercised, the developer shall agree in writing to participate in the cost of the common or regional detention/retention basin whether already constructed or planned. The amount of participation and method of collection will be determined by the city.

      (4)   It is not the intent of this chapter to hinder innovative and creative solutions to drainage problems, however, in the interest of expediting the processing of plans and construction, use of standard procedures, forms, nomographs, charts and computer programs is necessary. Deviation from these standards will cause delay in the approval process.

      (5)   Although the submission requirements are specific, they are also the minimum requirements. The City Engineer may recommend to the Planning Commission a higher degree of protection than specified if the design results do not appear adequate to protect the health, safety and welfare of the community.

      (6)   Stormwater management systems shall be designed for the ultimate use of the land.

      (7)   Subsurface drainage such as underdrains may be required at the discretion of the City Engineer.

      (8)   Continued maintenance. Once a Stormwater Management Plan has been approved and constructed it shall be the responsibility of the property owner to maintain the facility as designed and constructed and to ensure its proper operation to meet the intent and requirements of this chapter at all times.

   (b)   Stormwater management system.

      (1)   The development of a comprehensive stormwater management system requires providing two separate and distinct drainage systems, the minor system and the major system.