Mount Vernon City Zoning Code
CHAPTER 1114
Subdivision Design
1114.01 PURPOSE.
The purpose of this chapter is to:
(a) Establish standard requirements, conditions, and procedures for the design and review of subdivisions;
(b) Provide for the orderly subdivision of land;
(c) Encourage the wise use and management of land and natural resources throughout the City;
(d) Ensure that adequate public infrastructure, facilities, and services are available concurrent with development;
(e) Encourage a beneficial relationship between the uses of land and circulation of traffic throughout the City, and provide for the proper location and design of streets;
(f) Provide adequate utility systems to support the future needs of residents and the community; and
(g) Promote efficient and logical placement of utility structures so as to promote the public health, safety, convenience, comfort, prosperity, morals and general welfare of the City. (Ord. 2024-032. Passed 7-22-24.)
1114.02 APPLICABILITY.
(a) The developer of a subdivision, or the developer of a multi-family development or nonresidential development requiring public improvements, shall dedicate all land required for rights-of-way and shall furnish and install all required improvements serving the subdivision or development in accordance with the provisions of this chapter.
(b) All improvements shall be extended to the boundary of the subdivision or development in order to provide a complete and coordinated system of streets and utilities in accordance with adopted plans or policies of the City of Mount Vernon.
(Ord. 2024-032. Passed 7-22-24.)
1114.03 CONFORMITY TO DEVELOPMENT PLANS, ZONING, AND ENGINEERING STANDARDS.
(a) The arrangement, character, extent, width, grade and location of all streets and improvements shall conform to adopted plans or policies related to public improvements. These plans shall be considered in their relation to existing and planned streets, topographical conditions, public convenience, and safety as well as in their appropriate relation to the proposed uses of the land to be served by such streets. Where not shown on adopted plans, the arrangement and other design standards of streets shall conform to this chapter.
(b) Any plans or documents submitted for subdivision or development approval shall comply with the City's standard drawings and specifications, and any subsequent amendments.
(Ord. 2024-032. Passed 7-22-24.)
1114.04 SALE OF LAND IN SUBDIVISIONS, START OF CONSTRUCTION, AND PERMITTING.
(a) No owner, or authorized agent, of any land located within a subdivision shall transfer, sell, agree to sell or negotiate to sell any land by reference to, by exhibition of, or by the use of a plan or plat of a subdivision, nor proceed with any construction work before such plan or plat has been approved and recorded in the manner prescribed in these regulations.
(b) Any sale or transfer contrary to the provisions of this section is void. The description of such lot or parcel by metes and bounds in the instrument of transfer or other documents used in the process of selling or transferring shall not exempt the transaction from the provisions of these regulations.
(c) The ZEO shall not issue zoning permits for any structure or activity on a lot in a subdivision for which a plat has not been approved and recorded in the manner prescribed in these regulations.
(d) No owner, or agent of the owner, of any land shall be entitled to a permit for the installation of wells or septic tanks upon any lots in a subdivision for which a plat has not been approved, certified, and recorded in the manner prescribed in this code.
(Ord. 2024-032. Passed 7-22-24.)
1114.05 RESPONSIBILITY AND TIMING FOR PUBLIC IMPROVEMENTS.
(a) All public improvements shown on the subdivision plats are the responsibility of the subdivider, unless otherwise expressly indicated, and shall be installed in accordance with this chapter.
(b) The subdivider shall be required to construct the public improvements prior to the recording of the final plat. In lieu of actual construction of the physical improvements, the subdivider may assure completion of construction by furnishing a financial guarantee in accordance with Section 1114.06 in an amount equal to the City Engineer's estimate of the cost of the construction of the physical improvements within the portion of the subdivision submitted for recording. Actual construction shall be as shown on the public improvement plans and in accordance with this chapter.
(c) Protection of Streets, Utilities, and Other Installations.
(1) The subdivider shall provide the City Engineer with a plan for the routing of construction equipment and traffic with the objective of alleviating any need to traverse adjacent off-site residential streets. In exceptional cases, where no reasonable alternative exists or can be provided, construction equipment may be permitted the use of collector streets for a predetermined time period. The contractor shall be permitted to operate only pneumatic-tired equipment over any paved street surfaces and shall be responsible for correction of any damage to street surfaces in any manner resulting from the contractor's operation. The City Engineer may permit non-pneumatic tired equipment in special circumstances with a Street Opening Permit per Section 901.02 of the Codified Ordinances.
(2) The subdivider and their contractors shall protect the pavement against all damage prior to final acceptance of the work, including damage created by the contractor's construction equipment and vehicles, as well as general traffic. As soon as curing and sealing are completed, the contractor shall clean the pavement free of all debris and construction equipment.
(3) The subdivider and their contractors shall at all times protect and mark all utilities constructed by the subdivider and their contractors until as-built drawings are submitted to and approved by the City Engineer.
(4) The subdivider and their contractors shall at all times take proper precautions for the protection of utility lines, the presence of which can be determined by contacting the Ohio Utilities Protection Service (OUPS). The subdivider shall be financially responsible for the repair of any damage to such utility lines.
(Ord. 2024-032. Passed 7-22-24.)
1114.06 FINANCIAL GUARANTEES FOR PUBLIC IMPROVEMENTS.
(a) The subdivider or developer shall execute financial guarantees and shall file such financial guarantees with the City prior to approval of a zoning permit or certification of a final plat, if the applicant does not propose to construct the required public improvements or private streets prior to receiving certification of the final plat or approval of the zoning permit. Such financial guarantee shall take any form allowed in Section 1114.06(g).
(b) The financial guarantee shall be an obligation for the faithful performance of any and all work and the construction and installation of all public improvements required to be done by the subdivider, together with all engineering and inspection costs and fees incurred by the City.
(c) When, in the judgment of the City Engineer, public improvements have been completed in accordance with the improvement plans as approved by City, City Council shall, at the recommendation of the City Engineer, accept such improvements and authorize the full or partial release of the financial guarantee.
(d) The terms of such financial guarantees shall be determined by the City's Law Director, with confirmation by the City Engineer.
(e) Financial guarantees shall be made payable to the City of Mount Vernon and shall be acceptable to the City Engineer, the City's Law Director, and the City Auditor.
(f) Incomplete public improvements that the City Engineer determines will constitute a safety hazard or maintenance issue, or will prevent the effective functioning of the public improvements, shall be required to be completed prior to the approval of a final plat.
(g) Types of Financial Guarantees. The following are the types of financial guarantees allowed by the City. The standards for each type of guarantee shall apply to any situation where a financial guarantee is required, regardless if it is related to a subdivision application or not.
(1) Certified Check or Wire Transfer. The following standards shall apply if cash is utilized as a financial guarantee:
A. The subdivider shall provide a certified check or wire transfer for the amount of the guarantee, payable to the City of Mount Vernon and posted with the City Auditor.
B. When the public improvements are complete, the City shall issue a check for the released amount based on this subsection.
C. The City shall not be responsible for paying interest for the period of time the City retains the guarantee.
(2) Irrevocable Letter of Credit. The following standards shall apply if an irrevocable letter of credit is utilized as a financial guarantee:
A. The subdivider shall provide an irrevocable letter of credit from a bank or other reputable institution or individual subject to the approval of the Law Director and City Engineer.
B. The letter shall be deposited with the City, and shall certify the following:
i. The creditor guarantees funds in an amount equal to the cost, as estimated in accordance with Section 1114.06, for completion all required public improvements.
ii. In the case of failure on the part of the subdivider to complete the specified public improvements within the required time period, the creditor shall pay to the City immediately and without further action such funds as are necessary to finance the completion of those public improvements, up to the limit of credit stated in the letter.
iii. This irrevocable letter of credit may not be withdrawn or reduced in amount until released by the City Engineer in accordance with this chapter.
(3) Bonds. The following standards shall apply if a bond is utilized as a financial guarantee:
A. A bond in the amount determined in accordance with this section shall be posted with the City Auditor.
B. The bond may be in the form of a surety bond or a cash bond of the kind approved by law for securing deposits of public money.
C. The bond shall be executed by the subdivider as principal, and if a surety bond, shall be executed by a corporation authorized to act as a surety under the laws of the State of Ohio.
D. The bond shall provide that it cannot be terminated or canceled without the approval of the City, and shall remain in force until such improvements have been accepted by City Council.
(Ord. 2024-032. Passed 7-22-24.)
1114.07 DEVELOPER'S AGREEMENT.
(a) As part of any major subdivision or any development that requires the installation of public utilities, a subdivider or applicant will be required to enter into developer's agreement. Such agreement shall be submitted as part of the improvements plan and shall include, at a minimum:
(1) The timing of the construction of public improvements, including estimates for inspections;
(2) Estimated costs and fees, as required by this code including, but not limited to, pavement guarantees, and inspection fees;
(3) Financial guarantee agreements, including the length of the guarantee;
(4) Protection requirements for existing street, utilities, and other installations;
(5) That the applicant will hold the City free and harmless from any and all claims for damages of every nature arising or growing out of the construction of such improvements, and shall defend, at his or her cost and expense, any suit or action brought against the City by reason thereof, until the improvement has been accepted by the City;
(6) That in the event of any violation of or noncompliance with any of the provisions and stipulations of the agreement, the City may stop the work forthwith and complete or cause the completion of such improvements according to the approved plat and agreement, and that in such event, the owner shall reimburse the City for any and all expenses incurred thereby; and
(7) Any additional information or requirements as deemed necessary by the City Engineer.
(b) The developer's agreement shall be approved as to content and form by the City's Law Director, with confirmation by the City Engineer, prior to approval of the final plat.
(Ord. 2024-032. Passed 7-22-24.)
1114.08 GENERAL DESIGN REQUIREMENTS.
(a) General Suitability of Land for Development. If the MPC and City Council find that land proposed to be subdivided is unsuitable for subdivision development due to flooding, poor drainage, topography or inadequate water supply, wastewater treatment facilities, transportation facilities, or such other conditions as 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 subdivision proposed, the MPC and City Council shall not approve the land for the purpose unless adequate methods are advanced by the subdivider for solving the problems that will be created by the development of the land.
(b) Community Assets. In all subdivisions, due regard shall be shown for natural features such as large trees, unusual rock formations, and watercourses, for sites which have historical significance and for similar assets which, if preserved, will add attractiveness and value to the subdivision and to the community.. The MPC may prepare a list of all such features within its area of subdivision jurisdiction which it deems worthy of preservation.
(c) Public Open Spaces. Where a school, neighborhood park, recreation area or public access to water frontage, which is shown on an official map or in a plan for future land use made and adopted by the MPC, is located in whole or in part in the applicant's proposed subdivision, the Commission may require the dedication or reservation of such open space within the proposed subdivision for school, park, recreation or other public purposes.
(d) Large Tracts or Parcels. When land is subdivided into larger parcels than ordinary building lots as required by the applicable zoning district, such parcels shall be arranged so as to allow for the opening of future streets and logical resubdivision.
(e) Topography, Floodplain Areas, Wetlands, and Natural Areas.
(1) Natural amenities (including views, creeks, riparian corridors, and similar features) shall be preserved and incorporated into proposed development to the greatest extent feasible.
(2) All subdivisions of land and installation of public improvements involving areas subject to flooding, as defined by National Flood Insurance Program Maps and Data, shall conform to all applicable floodplain regulations and the requirements of adopted regulations involving the City's participation in the National Flood Insurance Program.
(3) Whenever any stream or important surface drainage course is located in the area being subdivided and open drainage is permitted, the owner shall provide an adequate easement for benefit of the proper political subdivision along each side of the stream or open drainage course for the purpose of widening, deepening, relocating, improving or protecting the stream or open drainage course for drainage or water control.
(4) Land which is determined by the MPC to be unsuitable for subdivision or development due to flooding, the presence of State and Federal Jurisdictional Waters or Wetlands, or other features which will reasonably be harmful to the safety, health and general welfare of the present or future inhabitants of the subdivision and/or its surrounding areas shall not be subdivided or developed unless methods adequate to resolve the problems are formulated by the developer and approved by Council, upon recommendation by the MPC and upon advice of the City Engineer.
(5) The natural topography shall be retained wherever possible in order to reduce excessive runoff onto adjoining property and to avoid extensive regrading of the site.
(6) Floor elevations of all buildings shall be carefully studied in relation to existing topography, proposed street grades, existing trees and other pertinent site features.
(7) The City reserves the right to disapprove any subdivision which is subject to periodic flooding or which contains extremely poor drainage facilities. However, if the owner agrees to make such improvements as will make the area completely safe for residential occupancy, the subdivision may be approved, subject, however, to the approval by Knox Public Health.
(f) Subdivision Names. The proposed name of the subdivision shall not duplicate or too closely approximate phonetically, the name of any other subdivision in the City or Knox County. The City shall have final authority to designate the name of the subdivision.
(g) Traffic Control Devices. The subdivider shall provide all traffic control devices for the proposed development during construction and after construction is complete, including, but not limited to, temporary and permanent traffic signals, signs, pavement markings and the like, unless otherwise agreed upon as part of the developer's agreement (See Section 1114.07.). Refer to the City of Mount Vernon Standards and the Ohio Manual of Uniform Traffic Control Devices (OMUTC) for details of the devices to be used, and, in some cases, warrants for their use.
(h) Debris and Waste. No cut trees, diseased trees, timber, debris, earth, rocks, stones, soil, junk, rubbish or other waste materials of any kind shall be buried in any land, or left or deposited on any lot or street at the time of the zoning compliance inspection. No items and materials as described in the preceding sentence shall be left or deposited in any area of the subdivision at the time of dedication of public improvements.
(i) Monuments.
(1) Concrete monuments at least thirty-six (36) inches in length and four (4) inches in diameter or four inches square shall be set at all corners on the plat. The top of the monument shall be flat and shall have an indented cross to properly identify the location. Except in cases where it is deemed clearly unreasonable or infeasible by the City Engineer, these monuments shall be described on the final plat.
(2) An iron pin of one-half (½) inch minimum diameter or iron pipe monuments not less than three-fourths of an inch in diameter and not less than thirty-six (36) inches in length shall be set at all lot corners not marked by concrete monuments at all street corners, at all points where street lines intersect and the exterior boundaries of the subdivision and at all intersections of curves and tangents along street lines.
(3) At the discretion of the City Engineer and within the definition of the Ohio Revised Code, additional markers may be required.
(j) Condominiums. The owners or agents of any tract of land, which is to be developed and maintained under single ownership or which is to be subdivided as a condominium, shall submit to the MPC a development plan, improvement plans and plats. Approval of plats, etc., shall follow the standard procedures provided in Chapter 1103: Review Procedures, provided, however, that the following conditions are met:
(1) The plan is consistent with the intent and purposes of this code to promote public health, safety, morals and general welfare;
(2) The grade width and degree of improvement of all access drives, sewers, water lines, and other utilities are approved by the MPC, the City Engineer, and the Fire Chief;
(3) The building or buildings shall be used only for the uses permitted in the zoning district in which they are located;
(4) For residential condominiums, the average lot area per family, exclusive of the area occupied by private streets or drives, shall not be less than that required by the respective zoning districts; and
(5) For residential condominiums, the setbacks from public streets and the required side and rear yard sizes for multiple dwellings shall be provided. Multiple buildings or a single building may be constructed within the buildable area of the total tract. The minimum distance between multiple buildings shall be determined by the MPC.
(Ord. 2024-032. Passed 7-22-24.)
1114.09 BLOCKS.
(a) The arrangement of blocks shall be such as to conform to the street planning criteria set forth in Section 1114.12 and shall be arranged to accommodate lots and building sites of the size and character required for the zoning district as set forth in this code.
(b) Subdivisions shall be designed with blocks of sufficient width to permit two (2) tiers of lots of appropriate depth, except where an interior street parallels a limited access highway, arterial street, or railroad right-of-way.
(c) Irregularly shaped blocks, including superblocks, indented by cul-de-sacs, containing interior parks or playgrounds and adequate parking spaces, will be acceptable when properly designed and covered by agreements as to maintenance of such park areas.
(d) Blocks shall have a minimum length of 400 feet and a maximum length of 1,100 feet. In reviewing the subdivision plat, the MPC can modify these requirements for blocks that will be located adjacent to nonresidential uses or where there are unusual topographic or natural features.
(e) Blocks intended for business or industry shall be of such length as may be considered most suitable for their prospective use, including adequate provision for parking and deliveries.
(f) Where a subdivision adjoins a major thoroughfare, the block shall be oriented so that there will be the fewest points of direct ingress and egress along such major thoroughfare as possible. (Ord. 2024-032. Passed 7-22-24.)
1114.10 LOTS.
(a) The lot arrangement and design shall be such that all lots will provide satisfactory building sites that can accommodate a structure and required setbacks in the applicable zoning district. Lots shall also be arranged so that all lots will have frontage on a public street or road and will provide building sites properly related to topography and the character of surrounding development.
(b) The lots shall be generally rectangular in form. Triangular, elongated, or other shapes that restrict its use as a building site shall be avoided to the maximum extent feasible unless the applicant can demonstrate special circumstances requiring irregular lots to the MPC.
(c) All side lot lines shall be at right angles to street lines and radial to curved street lines except where the MPC determines that a variation to this rule will provide a better street and sublot layout.
(d) Lots shall be subject to the provisions of Section 1105.05, and shall be of sufficient width to permit the required building setbacks.
(e) Excessive length in relation to width shall be avoided.
(f) Every lot shall have access to it that is sufficient to afford a reasonable means of ingress and egress for emergency vehicles as well as for all those likely to need or desire access to the property in its intended use.
(g) Where compliance with the site development standards of Section 1105.05 will result in a requirement for a greater lot area or width than the standards set forth herein, the more restrictive requirement shall take precedence and shall be required.
(h) Land subject to flooding and land deemed to be topographically unsuitable for residential development shall not be platted for residential use or for any other use which may increase the danger to health, life or property or aggravate erosion or flood hazards. Such land within the subdivision shall be set aside on the plat for such uses as will not be endangered by periodic or occasional inundation or will not result in conditions contrary to the public welfare. To ensure that lots will be located only where they will provide flood-free house sites, the MPC may require the subdivider to provide elevation and flood profiles sufficient to demonstrate that the house sites will be completely free from the danger of flooding.
(Ord. 2024-032. Passed 7-22-24.)
1114.11 TREE PLANTING AND PRESERVATION.
(a) Purpose. The purpose of the new subdivision tree planting regulation is to promote and protect the public health, safety and welfare through the preservation and protection of the environment by recognizing the vital importance of tree growth in the ecological system. It is further the purpose of this chapter to specifically promote the preservation and replacement of major trees removed in the course of land development, and to regulate tree planting in the tree lawns along public streets and waterways in new subdivisions.
(b) Applicability. This section shall apply to all major subdivisions, regardless of the zoning district or proposed use.
(c) Tree Preservation.
(1) All major trees shall be preserved unless exempted, as follows:
A. The tree will be located within a public right-of-way or easement for road and utility improvements;
B. The tree is located within the area to be covered by proposed structures or within twenty (20) feet from the perimeter of structures, and the proposed structures cannot be located in a manner to avoid removal of the tree;
C. The tree will be located within a proposed driveway;
D. The tree is damaged or diseased;
E. The tree is an undesirable species in its present location; or
F. The tree interferes with the proper development of the plat as a whole.
(2) If a major tree is removed, and if necessary to comply with the purposes of this section, the developer shall propose planting replacement trees.
(d) Advisory Meeting with the Shade Tree Commission.
(1) Before preparing a tree planting plan and submitting it to the MPC for approval, the developer shall meet and consult informally with the Shade Tree Commission for the purpose of determining the location of all major trees and which, if any, major trees are sought to be removed and the location, size and description of trees which will be planted to comply with this chapter. This informal review shall prevent unnecessary and costly revisions in the layout and development of the subdivision.
(3) When preparing and reviewing subdivision plans and tree planting plans, good faith effort shall be made to preserve natural vegetation areas. Streets, lots, structures and parking areas shall be laid out to avoid the unnecessary destruction of heavily wooded areas or outstanding tree specimens. Developers of land are encouraged to designate heavily wooded areas as park reserves.
(e) Procedure.
(1) After meeting informally with the Shade Tree Commission, the developer shall cause to be prepared a tree planting plan for the subdivision, which shall include:
A. The present location and size of all major trees, with a designation of major trees sought to be removed.
B. The location, size, and description of trees proposed to be placed on the plat in order to comply with this section.
(2) The Shade Tree Commission shall review the tree planting plan at its next regularly scheduled meeting and make a recommendation to the MPC. In making its recommendation, the Shade Tree Commission may recommend approval, approval with modifications, or denial of the tree planting plan.
(3) The MPC consider the recommendation during the review of the preliminary plat and shall either approve, approve with modifications, or deny all new subdivision tree planting plans at the same time as their decision on the preliminary plat.
(4) No variance, zoning permit, conditional use approval, or final subdivision plat approval by the MPC shall be granted or issued until the new subdivision tree planting plan has been approved.
(5) Depending upon conditions relating to the season of the year, the size of the proposed development, the complexity of the tree planting plan, and the developers time schedule, the City reserves the right to require a financial guarantee equal to the approximate cost of tree planting to assure that all required improvements shall be completed within two years of the acceptance of the final subdivision plat by the City. See Section 1114.06.
(f) Tree Lawn Planting Regulations.
(1) The normal spacing between trees on the tree lawn shall be fifty (50) feet, on center. The exceptions to this rule would be the columnar types and small ornamentals, where the spacing could be reduced. Upright types are used mainly on narrow tree lawns or where there is minimal space for crown development.
(2) Trees shall typically be centered between the back of the curb and the street-side edge of the sidewalk. Some exceptions:
A. Wide tree lawns allowing trees to be moved towards the sidewalk;
B. Cul-de-sacs where no sidewalks will be installed; or
C. If utilities have installed a number of lines and cables immediately back of the curb.
(3) Trees planted along the tree lawn to the right or left of the approach to an intersection must not impede vision of pedestrians, bicyclists, street signs, and motor vehicles. Adequate line-of-sight distance must be given to tree lawn signs (school crossing, parking etc.) in order that the later sign clearance trimming can be kept to a minimum. Greater line-of-sight distances shall be provided at railroad crossings.
(4) New subdivision plantings are to be placed no closer than five (5) feet from gas and water shut-offs, driveways, fire hydrants, and property lot lines. All utility companies must be notified prior to any new subdivision tree lawn planting. List all planting locations and note the depth of the planting holes and equipment to be used.
(5) Recommended street trees are listed in an official Shade Tree Commission publication guide available in the City Engineer's Office. The mature height and spread of a given tree type will determine the planting distance from a street light. The developer should also consider height of overhead wires, tree lawn width, and soil types.
(6) Trees required to be planted by this section must be planted within two (2) years of approval of the final subdivision plat by the City.
(7) The developer shall provide for the proper care of the newly planted trees and warranty their survival for one (1) year post planting.
(Ord. 2024-032. Passed 7-22-24.)
1114.12 STREET DESIGN.
(a) General Street Design.
(1) The arrangement, character, width, grade, construction, and location of all streets shall conform to any adopted plans of the City that are in effect at the time of final plat submission.
(2) The street layout shall provide access to all lots and parcels of land within the subdivision.
(3) Access control at major arterials and highways shall be taken into consideration in the design of the subdivision plat. The City or ODOT has the right to define and limit access along major arterials or highways.
(4) The subdivider shall provide within the boundaries of the subdivision plat the necessary right-of-way for the widening, continuance, or alignment of such streets in conformity with any adopted plans of the City.
(5) The class of streets in a new subdivision shall be not less than the minimum class established in this code. The street and alley arrangement shall not cause a hardship to owners of adjoining property when they plat their own land and seek to provide for convenient access to it.
(6) Residential minor streets shall be designed to discourage through traffic, but offset streets shall be avoided whenever possible.
(7) Where practical, the arrangement of streets in new subdivisions shall make provision for the continuation of existing streets in adjoining areas.
(8) A street that is not constructed to City standards will not be accepted by the City for dedication as a public street.
(9) Extensions.
A. The street layout of the proposed subdivision shall provide for the continuation or projection of streets already existing in areas adjacent to the area being subdivided unless the MPC deems such continuation or extension undesirable for specific reasons of topography or design.
B. Where, in the opinion of the MPC, it is desirable to provide street access to adjoining properties, proposed streets shall be extended by dedication to the boundaries of such properties. Where the MPC deems it necessary, such dead-end streets shall be provided with turn-around having a radius of at least forty (40) feet of paved surface area.
C. The street system for the proposed subdivision shall provide for extending existing streets at the same or greater width, but in no case shall a street extension be of less width than the minimum width required in this code for a street in its category.
(b) Street Names, Signs, and Numbering.
(1) The developer shall be required to install durable street name signs according to City Standards and bearing approved street names at all intersections as well as all other appropriate signs for adequate traffic control.
(2) Street names shall be selected that will not duplicate or be confused with the names of existing streets in the City of Mount Vernon and in Knox County irrespective of modifying terms such as street, avenue, boulevard, etc. Streets that are or will eventually be continuations of existing or platted streets shall be named the same. Street names shall be included on the preliminary plat and final plat.
(3) When a new street is a direct extension of an existing street, the name shall remain the same.
(4) Address numbers shall be assigned by the County in accordance with the current numbering system.
(5) The developer, at their expense, shall install traffic control devices within the subdivision and where subdivision streets connect with existing streets. These devices shall meet all applicable standards as established by the City.
(c) Grading of Streets.
(1) All streets, roads, and alleys shall be graded to their full widths by the subdivider so that pavements and sidewalks can be constructed on the same level plane. Deviation from this standard due to special topographical conditions will be allowed only with the special approval of the MPC.
(2) Before grading is started, the entire right-of-way area shall be first cleared of all tree stumps, roots, brush, and other objectionable materials and of all trees not intended for preservation. The subgrade shall be properly shaped, rolled and uniformly compacted to conform with the accepted cross-section and grades.
(3) In cuts, all tree stumps, boulders, organic materials, soft clay, spongy material, and other objectionable materials shall be removed to a depth of at least two (2) feet below the graded surface. Rock, when encountered, shall be scarified to a depth of at least twelve (12) inches below the graded surface.
(4) In fills, all tree stumps, boulders, organic materials, soft clay, spongy materials, and other objectionable materials shall be removed to a depth of at least two (2) feet below the natural ground surface. This objectionable matter as well as similar matter from cuts shall be removed from the right-of-way area and disposed of in such a manner that it will not become incorporated in fills or hinder proper operation of the drainage system.
(5) Adequate under drainage shall be provided wherever good engineering practice dictates.
(d) Street Types.
(1) The dedication of the right-of-way for new streets shall meet the minimum right-of-way widths and pavement widths in Table 1114-1.
(2) All points of access streets shall be as approved by the MPC. Marginal access streets may be required by the Commission for subdivisions fronting on arterial streets.
(3) Through proposed business areas, street widths shall be increased ten (10) feet on each side if needed to provide parking without interfering with normal traffic movements.
(4) Where there are unusual topographical or other physical conditions, the MPC may require a greater or lesser right-of-way width than that indicated in this section.
(5) Subdivisions platted along existing streets shall dedicate additional right-of-way if necessary to meet the minimum street width requirements set forth in Table 1114-1.
(6) The entire minimum right-of-way width shall be dedicated where the subdivision is on both sides of an existing street. When the subdivision is located on only one (1) side of an existing street, one-half (1/2) of the required right-of-way width, measured from the centerline of the existing roadway, shall be dedicated.
(7) Cul-de-Sacs.
A. The maximum length of a cul-de-sac shall be 1,000 feet unless necessitated by topography or other circumstances beyond the subdivider's control. Each cul-de-sac shall be provided with a turnaround having a minimum right-of-way radius of fifty (50) feet with a 100-foot terminal diameter. The road surface within the cul-de-sac right-of-way shall conform, for dimensions, to the City's standard drawings.
B. Cul-de-sacs shall have a minimum pavement width of forty (40) as the minimum diameter at the turn around.
(8) Half Streets. The dedication of half streets shall not be permitted except in special situations. Where there exists a dedicated or platted half street or alley adjacent to the tract being subdivided, the other half shall be platted if deemed necessary by the MPC.
(9) Private Streets and Reserve Strips.
A. There shall be no private streets platted within a subdivision.
B. There shall be no reserve strips in a subdivision except where their control is definitely vested in the City or County under conditions approved by the MPC as authorized in this code.
(10) Alleys. Alleys may be permitted if approved by the MPC as part of the subdivision plat.
(11) Marginal Access Streets. Where the proposed subdivision abuts upon or contains an existing or proposed arterial street or highway on which traffic volumes and vehicular speeds warrant special safety considerations, the Commission may require that marginal access streets be provided in order that no lots will front on such existing or proposed arterial street or highway.
(e) Intersections.
(1) Streets shall intersect as nearly as possible at right angles unless the intersection contains a roundabout design as approved by the City Engineer.
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Figure 1114-A: Streets should intersect as nearly as possible at right angles
(right image) with the exception of approved roundabouts.
(2) Street curb intersections shall be rounded by radii of at least twenty (20) feet. When the smallest angle of street intersection is less than sixty (60) degrees, the MPC shall require curb radii of greater length. Wherever necessary to permit the construction of a curb having a desirable radius without reducing the sidewalk at a street corner to less than normal width, the property line at such street corner shall be rounded or otherwise set back sufficiently to permit such curb construction.
(3) No lot or other parcel of land which abuts on and has access to either a collector or a minor street shall have a service drive, curb cut or other means of access to an arterial street within seventy-five (75) feet of the right-of-way of any street which intersects such arterial street on the side on which such lot or parcel is located.
(4) Street jogs are prohibited.
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Figure 1114-B: Street jogs (left image) are prohibited with straight travel through a four-way intersection (right image) the appropriate intersection type unless a roundabout is approved.
(f) Vertical and Horizontal Alignment.
(1) A tangent at least 100 feet long shall be introduced between reverse curves on arterial and collector streets.
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Figure 1114-C: Illustration of the minimum 100-foot tangent required between reverse curves.
(2) Where there is a deflection angle of more than ten (10) degrees in the alignment of a street, a curve with a radius adequate to ensure safe sight distance shall be made. The minimum radii of curves shall be as established in Table 1114-2:
(g) Street Grades and Elevations.
(2) All streets shall be designed so as to provide for the discharge of surface water from the pavement and from the right-of-way by grading and drainage. For adequate drainage, the minimum street grade shall be not less than one-half of one percent (0.5%).
(3) The MPC shall not approve streets which will be subject to inundation or flooding based on a twenty-five (25)-year storm event. All streets must be located at elevations which will make them flood-free in order that portions of the subdivision will not be isolated by floods. Where flood conditions exist, the Commission shall require profiles and elevations of streets in order to determine the advisability of permitting the proposed subdivision activity.
(4) Fill may be used in areas subject to flooding in order to provide flood- free streets if such fill does not unduly increase flood heights. Drainage openings shall be designed so as not to restrict the flow of water and thereby unduly increase flood heights.
(h) Pavement Specifications. The following pavement specifications shall be required for all public streets unless additional standards are required by specifications developed by the City Engineer and adopted by the City.
(1) The developer shall evaluate the soil conditions of the proposed site at the proposed road alignments. The developer shall present a roadway design using the California Bearing Ratio (CBR) method outlined below with geotechnical testing data or the developer shall meet the minimum standards outlined below.
(2) Brick and concrete streets may be approved for use as public streets if specifications are agreed upon within the developer's agreement.
(3) Street construction design shall be based upon the California Bearing Ratio (CBR) value of the soil subgrade. Where more than one soil type of varying CBR value occurs on the proposed street, design shall be made on the basis of the lowest CBR. While actual on-site testing is recognized as a proper method of determining CBR values, the use of soil types may be utilized in lieu of on-site testing as a satisfactory substitute.
(4) Sub-base construction: All developers shall be required to construct a roadway sub base that complies with the specifications of the Ohio Department of Transportation (Item 203 and 204) for the type of roadway being constructed.
(5) Base Construction: The aggregate base for a street shall consist of four inches of compacted granular material meeting the Ohio Department of Transportation Specifications for Item 304.
(6) Surface Construction: All developers shall be required to adhere to the City of Mount Vernon asphalt specifications and standard drawings.
A. Asphalt Concrete Pavement: All developers shall construct a hard surfaced street consisting of nine (9) inches of asphalt concrete applied in three (3) courses consisting of a six inch (6") 301 bitumninous aggregate base; one and one-half inch (1.5") 448 intermediate; one and one-half inch (1.5") 448 surface and meeting the specifications of Ohio Department of Transportation as modified by the City of Mount Vernon.
B. Rigid Concrete Pavement: All developers shall construct a hard surfaced street of seven (7) inches minimum thickness Portland Cement Concrete Pavement meeting the specifications of Ohio Department of Transportation Item 451 and as modified by the City of Mount Vernon
C. Brick Paving: All developers shall construct a hard surfaced street consisting of a seven (7) inche concrete base, topped with brick meeting the ASTM C1272 Type R or Type F standards.
(7) The City Engineer may review proposed construction design and recommend approval of alternative pavement specifications.
(i) Curbs and Gutters.
(1) The requirements for curbs and gutters will vary according to the character of the area and the density of development.
(2) Curbs and gutters shall be constructed in conformance with the current Construction and Material Specifications of the Ohio Department of Transportation unless otherwise waived or modified by the City Engineer and approved by the MPC.
(Ord. 2024-032. Passed 7-22-24.)
1114.13 SIDEWALKS AND CROSSWALKS.
(a) Cement concrete sidewalks shall be constructed on both sides of all streets within all subdivisions as well as where recommended in the Mount Vernon Active Transportation Plan.
(b) The sidewalk requirements of this code shall not be waived unless the MPC determines that due to unique features of the site that sidewalks would not be feasible.
(c) Sidewalks shall have a minimum pavement width and thickness as established in Table 1114-4 unless additional width is required by the Mount Vernon Active Transportation Plan.
(d) Crosswalks shall have a minimum width of six (6) feet.
(e) Sidewalks shall be constructed meet Mount Vernon standards and shall also be subject to applicable regulations in Part Nine of the Codified Ordinances.
(f) Handicap ramps shall be provided that are compliant with the American with Disabilities Act (ADA) and the Public Right-of-Way Accessibility Guidelines (PROWAG) on all corners unless the MPC waives a requirement for crosswalk connections on a corner.
(Ord. 2024-032. Passed 7-22-24.)
1114.14 UTILITIES.
(a) Sewer and water line house connections or crossovers shall be installed before the paving of the streets, unless written permission has been obtained from the City Engineer to do otherwise.
(b) Utilities shall be installed in rear lot easements except where utility lines already exist. This excludes water, gas and sewer utilities. A total of twelve (12) feet shall be provided at the rear property lines for any utilities required.
(c) Water.
(1) Where, in the opinion of the MPC, the public water supply is reasonably accessible or available to the proposed subdivision, the subdivider shall construct a complete water distribution system which shall adequately serve all lots and which shall include appropriately spaced fire hydrants, and this system shall be properly connected with the public water supply.
(2) All water mains shall be sectionalized and looped when reasonably feasible and achievable. Dead end water mains shall only be permitted upon written approval from the Mount Vernon Fire Department and City Engineer.
(3) Where a public water supply is not within a reasonable distance or otherwise available, the subdivider shall normally be required to construct a similar water distribution system and connect it with an alternate supply approved by the County Health Commissioner.
(4) Before the MPC approves the use of individual wells, lot sizes shall meet all regulations of the Regional Planning and Health Commission and the same shall be submitted for the approval of the County Health Commissioner.
(d) Gas Mains. All new gas service branch lines shall have a shut off valve at the property or curb line.
(e) Sanitary Sewers.
(1) Where, in the opinion of the MPC, the public sanitary sewerage system is reasonably accessible or available to the proposed subdivision, the subdivider shall construct a subdivision sewerage system to adequately serve all lots and connect the subdivision system to the public system after the City Engineer or designee has approved the size of the lines.
(2) Where lots cannot be served by the extension of an existing public sanitary sewer, the subdivider shall meet the regulations of the Knox Public Health as to lot sizes for individual septic tanks and disposal fields. Plans shall be submitted for approval by the Knox County Health Commissioner or a permit for the use of a neighborhood disposal system shall be obtained from the Knox County Health Commissioner.
(f) Stormwater Management Systems.
(1) An adequate stormwater management system shall be provided for the proper drainage of all surface water. The system may include a combination of underground pipes, manholes, inlets, catch basins and other appurtenances, as well as above ground features. The system shall also provide for the maintenance of any natural and constructed drainage courses.
(2) All storm sewers shall be designed and constructed in accordance with City standards.
(g) Underground Utility Distribution and Communication Facilities. The installation, construction, and expansion of electric, telephone, cable television and/or all new services for subdivisions may be located in the right-of-way or along rear lot lines and placed underground subject to the following conditions and exceptions:
(1) Transmission lines are exempt from this section. Transmission lines are defined as those lines constructed between generating stations and substations.
(2) Underground utilities shall serve the subdivision within or along the right-of-way of existing or proposed public streets, provided that prior to installation of such facilities, the subdivider pays the utility companies' schedules and/or associated charges and gives written commitment to pay the utility company for the cost of any relocation of such facilities and to provide all easements necessary for relocation and for any extensions. The subdivider shall provide necessary easements to the utility companies at no cost.
(3) All service lines connecting the customer's service within the utility company's underground distribution lines shall be installed underground to connection points on the distribution facilities determined by the utility company. The customer's service line shall be installed by the subdivider or customer, except for communications service lines. The actual connection to the utility company's facilities shall be made by the utility company.
(4) Installation of pad mounted transformers and communication interconnection cabinets are required and nothing in this section shall be construed as requiring the installation of this equipment underground. The use of underground transformers shall not be permitted. Prior to paving any street, the developer shall install, at its own cost, acceptable separate conduit cross-overs for electric and communication facilities at locations specified by the utility company.
(5) Temporary overhead services of electric and telephone utilities shall be allowed, provided that all permanent electric, telephone and cable television services within and adjacent to a new subdivision or commercial and industrial use shall be underground. For purposes of this section, "temporary overhead service" means:
A. Service necessary for immediate public convenience and necessity and constructed to serve only on an interim basis until permanent underground services can be installed; or
B. Service which, in order to reach a new subdivision or commercial or industrial use, must be extended from existing overhead service through undeveloped parcels of land not included in the subdivision or commercial or industrial use.
(Ord. 2024-032. Passed 7-22-24.)
1114.15 EASEMENTS.
(a) Except where alleys are permitted for such purpose, the MPC shall require easements at least sixteen (16) feet in width centered along all rear lot lines for poles, wires, conduits, storm sewers, sanitary sewers, gas mains, water mains, heat mains and other utility facilities. Where necessary or advisable, in the opinion of the MPC, similar easements shall be provided alongside lot lines or across lots.
(b) If the MPC deems it necessary for proper drainage within or through a subdivision, it shall require that a storm water easement or drainage right-of-way be provided.
(Ord. 2024-032. Passed 7-22-24.)
1114.16 GREEN INFRASTRUCTURE.
(a) The City encourages the use of green infrastructure techniques because of their connection to sustainable development practices and environmental quality. The proper use of green infrastructure can dramatically improve storm water runoff quality, decrease runoff volume, protect downstream streams and rivers, and create more interesting places to live.
(b) The following green infrastructure techniques may be incorporated into new subdivisions with approval from the City Engineer, or engineering consultants to the City, as applicable, provided that the applicant submits documentation that the proposed green infrastructure technique is effective and will equal or exceed the function of traditional infrastructure techniques and meet the requirements of this code:
(1) Narrower pavement widths;
(2) Narrower right-of-way widths;
(3) Grassy swales and shoulders without curb and gutter;
(4) Pedestrian walkways that do not constitute the sidewalks required by this code;
(5) Bioretention swales;
(6) Planter boxes;
(7) Curb extensions; or
(8) Other techniques.
(c) Criteria for Green Infrastructure Waivers. The City Engineer, or engineering consultants to the City, as applicable, may grant a green infrastructure waiver for use of the green infrastructure techniques provided:
(1) The techniques will utilize the landscape or nature's ability to reduce, slow, filter, and/or absorb storm water runoff from streets, parking lots, and buildings in a method that equals or exceeds the existing infrastructure requirements of the City;
(2) The techniques are consistent with best management practices;
(3) Covenants or other agreements have been presented to the City, in a format acceptable by the Law Director, that provide for the long-term maintenance of any approved green infrastructure;
(4) The technique has been designed by a professional engineer and is accompanied by documentation stating that the proposed technique does not pose a threat to the public safety;
(5) Site geotechnical reports with infiltration rates are provided;
(6) A draft operation and maintenance manual with expected costs are provided; and
(7) The entity responsible for the operation and maintenance is established.
(Ord. 2024-032. Passed 7-22-24.)