In cases where it is deemed that hardships, topography or other factual deterrent condition prevail, variations and exceptions from the dimensional standards and improvement requirements as set forth in the Subdivision Regulations may be recommended by the Planning Commission, but must be approved by Council.

(Ord. 33-2020. Passed 3-23-20; Ord. 103-2021. Passed 7-26-21.)

   Notwithstanding any other provisions of the Subdivision Regulations, a proposed division of a parcel of land along an existing public street, whether the parcel to be divided fronts on the street or has access to it by private right-of-way or private driveway, not involving more than five (5) lots after the original tract has been completely subdivided, may be submitted to the Planning Commission for approval without plat. If the Planning and Zoning Administrator, acting on behalf of the Commission, is satisfied that the proposed subdivision complies with all applicable platting, subdividing or zoning regulations, they shall approve the proposed subdivision and, on presentation of a conveyance of the parcel, shall stamp the same “approved by the Planning Commission; no plat required.” The Planning and Zoning Administrator may require the submission of a sketch and such other information as is pertinent to determining compliance with this section. No building, structure or land shall be used or occupied and no building or structure or part thereof shall be erected, constructed, reconstructed, moved or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located.

(Ord. 33-2020. Passed 3-23-20; Ord. 103-2021. Passed 7-26-21.)

      (1)   The preliminary plat shall contain the following, and be prepared by a licensed professional engineer in the State of Ohio:

         A.   The scale, with a minimum of one (1) inch to equal one hundred (100) feet;

         B.   The proposed name of the subdivision;

         C.   Key map showing location within the City;

         D.   Names and addresses of owners, developers and the surveyor who made the plat;

         E.   Date;

         F.   North point; and

         G.   Legal description of parcel being subdivided.

      (2)   The following existing conditions shall be shown on the plat:

         A.   Boundary lines and approximate acreage included matching the provided legal description;

         B.   Locations, widths and names of all existing or previously platted streets or alleys, and proposed thoroughfare locations as shown on the official City Thoroughfare Plan, railroad and utility rights-of-way, parks and public open spaces, permanent buildings and structures, all section and corporation lines within or adjacent to the tract;

         C.   Existing sewers, water mains, culverts and other underground facilities within the tract, indicating pipe sizes, elevations and grades, if readily available, and locations, if known or available;

         D.   Boundary lines of adjacent tracts of unsubdivided and subdivided land;

         E.   Existing zoning restrictions;

         F.   Existing contours, with intervals of five (5) feet where the slope is greater than ten (10) percent and not more than two (2) feet where the slope is less than ten (10) percent;

         G.   Drainage channels, wooded areas, water courses and other significant physical features;

         H.   Existing and proposed easements.

      (3)   All elevations on the preliminary plat shall be based on NAVD (North American Vertical Datum) 1988 datum.

      (4)   The following proposed conditions shall be shown:

         A.   Layout of streets and right-of-way widths;

         B.   Layout, numbers and dimensions of lots including total square footage;

         C.   Parcels of land intended to be dedicated or temporarily reserved for public use;

         D.   Building setback lines shown graphically with dimensions;

         E.   Indication of any lot on which a use other than residential is proposed by the owner;

         F.   Names of new streets which shall not duplicate names of any existing dedicated street within the county and/or its incorporated areas;

         G.   New streets which are extensions of or in alignment with existing streets which shall bear the names of the existing streets of which they are extensions or with which they are in alignment;

         H.   Bearings and dimensions of lot, parcel, and right-of-way boundaries; and

         I.   Proposed landscaping, if any.

      (5)   All new streets shall be named in the following manner and shall be subject to the approval of the Planning Commission:

 

 

      (6)   The general layout of all site improvements attached to the preliminary plat shall be for the entire tract of property even if the owner or developer only intends to initially develop a part of the entire tract and such general layout is to provide for the extension of improvements to the boundary of the proposed subdivision to serve adjoining land.

(Ord. 33-2020. Passed 3-23-20; Ord. 103-2021. Passed 7-26-21.)

   (a)   The general layout of all site improvements attached to the preliminary plat shall be for the entire tract of property even if the owner or developer only intends to initially develop a part of the entire tract and such general layout is to provide for the extension of improvements to the boundary of the proposed subdivision to serve adjoining land.

   (b)   The general layout of all site improvements attached to the preliminary plat shall be for the entire tract of property even if the owner or developer only intends to initially develop a part of the entire tract and such general layout is to provide for the extension of improvements to the boundary of the proposed subdivision to serve adjoining land.

(Ord. 33-2020. Passed 3-23-20; Ord. 103-2021. Passed 7-26-21.)

   (a)   A final plat shall contain the following additional information, and be prepared and sealed by a licensed professional engineer in the state.

      (1)   Boundary of plat based on an accurate traverse with angular and lineal dimensions;

      (2)   True angle and distance to the nearest street intersection, accurately described on the plat;

      (3)   Municipal, township, county or section lines accurately tied to the lines of all chord dimensions;

      (4)   Radii, internal angles, points of curvature, tangent bearings and lengths of all chord dimensions;

      (5)   All lot numbers and lines with accurate dimensions in feet and hundredths and bearings in degrees and minutes;

      (6)   Accurate location of all monuments, which shall be composed and/or located as follows:

         A.   Be composed of a durable material;

         B.   Be a minimum length of thirty (30) inches;

         C.   Of a minimum cross-section area of material of two tenths (2/10) square inches (one (1) inch in diameter);

         D.   Be identified with a durable marker bearing the surveyor’s Ohio Registration number and/or name or company name;

         E.   Be detectable with conventional instruments for finding ferrous or magnetic objects;

         F.   Placed with the top at the existing grade elevation.

         G.   One (1) such monument shall be placed at each extreme corner of the subdivision. All lots must be marked with steel pins, and such pins must be in place after a building is completed. The Building Official shall confirm that lot pins are in place on the final occupancy permit.

      (7)   Exact location, width and name of all streets or other public ways; and

      (8)   Known easements, accurately located and stating the purpose for which they are intended. Easements may be added or revised on the final plat after final plat approval. Easements added to the final plat or revised on the final plat require the approval of the City Engineer and the Director of Public Service and said approvals are to be entered on the final plat. The owner or developer shall offer an easement for television cable and television cable equipment within the easement(s) shown on the final plat. The easement shall be granted at no expense to the television cable owner/operator, if the cable operator installs the necessary television cable and television cable equipment in the utility trench during the time the trench is open for the installation of other utilities. Otherwise, the owner, developer or City may revoke the offer of an easement.

   (b)   A final plat shall also contain:

      (1)   A certificate by a registered professional land surveyor that the plat represents a completed survey and that the monuments shown exist as located or will be set following construction and that all dimensional and geodetic details are correct.

      (2)   Notarized certification by the owner or owners of the adoption of the plat and the dedication by them to public use of the streets and other public areas shown on the plat. The signatures of the owner(s) are required prior to the obtaining of any City Official’s signature on the plat. No property shall extend to the center of a right-of-way.

      (3)   Proper form for the approval of the Planning Commission with space for the signature of the Chairman.

      (4)   Space for approval by signature of the City Engineer and Director of Public Service.

      (5)   Proper form for approval and acceptance by Council, showing ordinance number and provisions for signature by the Clerk of Council.

      (6)   Space for approval, by signature of the City Engineer and Director of Public Service, of easements added to or revised on the final plat.

      (7)   Space for transfer by the County Auditor and recording by the County Recorder. A statement of the expiration date of the City approval shall be placed just ahead of the space provided for the County Auditor’s signature.

      (8)   A topographic survey prepared by an Ohio registered professional surveyor using the North American Vertical Datum of 1988 (NAVD88) reflecting flood way, floodway fringe, base flood elevations and property lines of the plat under consideration for development.

      (1)   The subdivider shall not transfer any lot, parcel or tract of a proposed subdivision, until approval is received of the final plat.

      (2)   The subdivider shall not proceed with any construction work on any lot until approval is received of the final plat and compliance is made with all other provisions of the Subdivision Regulations, unless it is for the exact purpose of building model units. The subdivider may be granted a building permit for not more than two (2) units, in the case of single-family detached housing and not more than one (1) building of eight (8) units or less, in the case of townhouse for sale or condominium housing, providing the following conditions have been met:

         A.   Proof of ownership of that portion of subdivision to be used for models;

         B.   The proposed models have legal frontage on an existing public roadway, water and sanitary sewer;

         C.   Insurances have been granted to the City in the form of bond, escrow funds, letters of credit or other assurances the City deems necessary to insure installation of improvements;

         D.   Occupancy permit shall not be issued until Section 1111.09 has been complied with.

      (1)   Before approval of the final plat, the owner or developer shall agree in writing that prior to the beginning of construction of any street, private roadway, public improvement and storm water management infrastructure the owner or developer shall provide a bond, certified check or an irrevocable letter of credit from a solvent bank doing business in Franklin, Licking or Fairfield Counties, Ohio, guaranteeing the completion of said improvement(s) within one (1) year from the date of agreement or such time as may be agreed to by Council. The bond, check or irrevocable letter of credit shall be in an amount equal to the estimated cost of constructing said improvement(s), as approved by the City Engineer. A maintenance bond, certified check or an irrevocable letter of credit in the amount of five (5) percent of the estimated construction costs shall be provided for a maintenance period of one (1) year beginning with the date of acceptance of the said improvement(s) by the Director of Public Service and City Engineer.

      (2)   The owner or developer shall prior to construction, deposit with the Director of Public Service and with the approval of the City Engineer a sum of money as prescribed by the Director of Public Service and the City Engineer to defray the cost of inspection and the engineering services provided and any expenses incurred by the City due to the installation of the improvements and review of the plat and plans. Fees for the review of plats and plans shall be calculated by the owner or developer, to be verified by the City using the fee schedules as provided by the Director of Public Service. These and other documents detailing the development process can be obtained from the Public Service Department. For inspections the owner or developer shall deposit with the Public Service Department a sum of money based on an approved cost of construction schedule, and be approved by the City Engineer. Should the amount of such deposit be insufficient to cover the cost thereof, the owner or developer shall immediately upon request of the City deposit a sum of money acceptable to the City Engineer and the Director of Public Service. Upon completion and acceptance of the improvements, any unexpended balance shall be refunded to the owner or developer.

      (3)   The subdivider shall hold the City harmless for any claims for damages of every nature arising or growing out of the construction of such improvements, and shall defend at his cost and expense, each suit or action brought against the City by reason thereof, until the improvement has been accepted by the City and the developer notified in writing within thirty (30) days. The subdivider shall furnish proof to the City, prior to the time of commencing construction of possession of Comprehensive General Liability Insurance, naming the City of Reynoldsburg as an additional insured. These Certificates of Insurance shall contain a provision that coverage afforded in the policies will not be canceled unless at least thirty (30) days prior written notice has been given to the City. Limits on bodily injury shall not be less than five hundred thousand dollars ($500,000) for personal injury to any one (1) person and a total of not less than one million dollars ($1,000,000) each accident. Limits on property damage shall be not less than two hundred thousand dollars ($200,000) per occurrence, or five hundred thousand dollars ($500,000) aggregate for each accident. Umbrella Excess Liability Insurance to extend existing policies to the required limits will be accepted.

      (4)   If any violation of or noncompliance with, any of the provisions and stipulations of this chapter occurs, the City shall have the right to stop the work without delay and utilize the bond, certified check or an irrevocable letter of credit for the completion of the improvement or use the certified check or proceeds thereof for such purpose.

(Ord. 33-2020. Passed 3-23-20; Ord. 103-2021. Passed 7-26-21.)

      (1)   The owner of land who desires to subdivide it shall provide and pay the entire cost of improvements to such land as follows:

         A.   Before the construction of any building, street improvements shall consist of grading the right-of-way for full width; construction of permanent curbing and roadway; construction of drainage structures and appurtenances. Two (2) roof drain openings shall be provided in the curb for each lot;

         B.   Sanitary sewers, including manholes, services and all appurtenances;

         C.   Water distribution system, including mains, services, valves, fire hydrants and all appurtenances;

         D.   Curbs and sidewalks on existing streets as determined by the City Engineer; storm sewers, including manholes, inlets and all appurtenances.

      (2)   All phases of the improvement shall be approved by the City Engineer and shall be constructed in accordance with City specifications.

      (3)   The City may require other improvements not listed in this section, if they are deemed necessary by the City Engineer for the protection of public health, safety or welfare.

      (4)   The City shall require a plot-grade-utility-plan approval for all residential subdivisions in accordance with the provisions of Section 1109.19.

      (1)   The construction of all improvements shall be inspected by the City Engineer at the time of installation. Under no circumstances are such installations to be made without an inspector on the job. The City Engineer shall be notified three (3) days before any construction work is begun.

      (2)   If any violation of, or noncompliance with, any of the provisions of this chapter occurs, the City shall withhold the issuance of the occupancy permit until the violation or noncompliance is corrected.

      (1)   All construction drawings for improvements shall be on a horizontal scale of one (1) inch to fifty (50) feet and vertical scale of one (1) inch to five (5) feet. The sheet size shall be twenty-two (22) inches by thirty-six (36) inches.

      (2)   Upon approval and acceptance of all improvements, the original construction drawings for the improvements shall be revised to reflect the actual construction. All drawings including the master grade plan or reproductions thereof on tracing cloth shall become the property of the City and shall be on file in the office of the City Engineer.

(Ord. 33-2020. Passed 3-23-20; Ord. 103-2021. Passed 7-26-21.)

      (1)   All energy lines leading to the light standard shall be underground in new developing subdivisions.

      (2)   All street lighting designs are to be coordinated with the supplier of electric energy. Two (2) drawings for each street lighting layout shall be submitted to the supplier of electric energy for record purposes.

      (3)   Street lights using poles and light assemblies as shown on standard drawings R-46 and R-47, respectively, are to be installed with not less than one hundred sixty (160) feet spacing nor more than two hundred forty (240) feet spacing. Street lights using the alternate residential luminaire and pedestal pole, as shown on standard drawing R-46A, are to be installed with not less than one hundred twenty-five (125) feet spacing nor more than one hundred sixty (160) feet spacing. Street lights shall be installed alternating on opposite sides of the street.

      (4)   The alternate residential luminaire and pedestal pole detail, as shown on standard drawing R-46A, shall be used in all residential areas. The pole detail and light assembly (commonly referred to as a “cobra light”), as shown on standard drawing R-46 and R-47, respectively, shall be used in all commercial corridors, unless otherwise approved by Council through adoption of streetscape standards or other such action to permit consideration of alternative styles, or as may otherwise be approved by any other Board of Commission having jurisdiction to approve or permit the use of alternative styles as part of its review of an overall design concept.

      (5)   The drawings are specification sheets for street light standards, luminaries, mercury vapor lamps and pedestal termination points and will be available at the Director’s office.

      (6)   All connections to supplier of electric energy secondary service locations shall be made by supplier.

(Ord. 33-2020. Passed 3-23-20; Ord. 103-2021. Passed 7-26-21.)

         A.   Major arterial, which include federal, state and county roads which are main arteries of access to the City: one hundred (100) feet; an additional width of forty-five (45) feet shall be provided to accommodate a service drive wherever lots are to face a primary road;

         B.   Minor arterial, which are next in importance as avenues of access between sections of the City as opposed to commercial traffic and nonlocal traffic: eighty (80) feet;

         C.   Neighborhood collector, which are within a new subdivision: sixty (60) feet;

         D.   Minor residential, which are completely residential in nature: fifty (50) feet;

         E.   Alleys: twenty (20) feet;

         F.   Easements: as required.

         A.   Major arterial: variable as conditions may require;

         B.   Minor arterial: thirty-six (35) feet;

         C.   Neighborhood collector: thirty-two (32) feet;

         D.   Minor residential: twenty-six (26) feet;

         E.   Alleys: eighteen (18) feet;

         F.   Service drives: twenty (20) feet;

         G.   Sidewalks: minimum four (4) feet along non-arterial and minimum width along arterial streets to be as approved by the City Engineer, in accordance with the provisions of Section 909.02.

         A.   Major arterial: four (4) percent;

         B.   Minor arterial: five (5) percent;

         C.   Neighborhood collector, minor residential streets and alleys: six (6) percent.

      (1)   As used in this section “private roadway” means any passageway designed for use by motor powered vehicles, upon property owned by one (1) or more persons, firms or corporations where such passageway serves in excess of four (4) dwelling units.

      (2)   All proposed private roadways and their pavement widths shall be shown on the preliminary and final plats filed in accordance with these Subdivision Regulations. In addition, a document indicating the responsible party for maintenance shall also be provided.

      (3)   All private roadways shall be improved with a hard surface of concrete, asphalt or other similar products or combination of products. The construction and specification for materials for private roadways shall conform with standards provided by the City standards as published by the City Engineer.

      (4)   The minimum pavement width for private roadways shall be twenty-six (26) feet and the maximum grade shall be six (6) percent, however, the minimum grade for private roadways shall be one-half of one (½) percent at the gutter, unless otherwise approved by the City Engineer.

      (5)   Every private roadway ending in a dead end or at a cul-de-sac circle shall have a minimum pavement width as approved by the Planning Commission to assure access to the area for fire equipment and to facilitate the turning of vehicular traffic. In approving such minimum pavement widths the Planning Commission shall consider whether such cul-de-sac or turnaround will be used for parking vehicles.

      (6)   The plans must bear the approval of the City Engineer, Director of Public Service, Superintendent of Water/Wastewater, Superintendent of Streets, and Fire Chief. Places shall be provided for their signatures.

      (1)   Plans and profiles of sanitary sewers shall be submitted to the Director of Public Service. All grades, pipe sizes, manholes and other appurtenances shall be shown and installation and materials shall be in conformity with City standards as published by the City Engineer.

      (2)   Sanitary sewer plans must bear the approval of the Director of Public Service and the City Engineer and the Superintendent of Water/Wastewater. Places shall be provided for their signatures.

      (1)   Plans of the proposed water distribution system shall be submitted to the Director of Public Service. All plans must show pipe sizes, locations of valves, fire hydrants and other appurtenances. Installation and materials shall be in conformity with City standards as published by the City Engineer.

      (2)   Water distribution system plans, if not incorporated as part of the street improvement plans, must bear the approval of the City Engineer, Director of Public Service, Superintendent of Water/Wastewater, Superintendent of Streets, and Fire Chief. Places shall be provided for their signatures.

      (1)   Proposed storm sewers, including grades, pipe sizes, manholes, inlets and appurtenances may be shown on the street improvement plans. Installation and materials shall be in conformity with City standards published by the City Engineer.

      (2)   The owner or developer shall follow the recommendations of the City Engineer with regard to the proper method and direction of drainage and storm water following review of the proposed plan of such drainage as submitted by the subdivider or his engineer. A storm water management report shall be submitted to the City Engineer for review in conjunction with drainage plans.

      (3)   The storm sewer plans, if not incorporated as part of the street improvement plans, must bear the approval of the City Engineer, Director of Public Service, Superintendent of Water/Wastewater, Superintendent of Streets, and Floodplain Administrator. Place shall be provided for their signature.

      (1)   Every lot shall abut on a dedicated street. Double frontage lots shall be avoided. At the intersection of two (2) streets, property line corners shall be rounded by an arc with a minimum radius of ten (10) feet. Size, shape and orientation of residential lots shall be appropriate to the location of the proposed subdivision and for the types of development contemplated and in conformity with the Zoning Code, with proper regard given yard areas, setback lines, etc. Excessive depth in relation to length shall be avoided. A proportion of two (2) to one (1) depth to frontage shall be normal and depths in excess of three (3) times the lot width are not recommended. Side lines of lots shall be approximately at right angles or radial to the street line. Corner lots shall have extra width sufficient to permit maintenance on both front and sides of lot. The maximum length of blocks may not exceed one thousand eight hundred (1,800) feet except where topographic conditions require longer blocks, nor shall they be less than four hundred (400) feet in length. Wherever blocks are longer than nine hundred (900) feet, crosswalks or crosswalk easements not less than ten (10) feet in width may be required near the center of the block, and Council may require that a sidewalk be constructed in accordance with City standards for sidewalk construction. The width of a block shall normally be sufficient to allow two (2) tiers of lots of appropriate depth except where double and reverse frontage lots are allowed. Where frontage on a primary street is involved, the long dimension of the block shall front thereon in order to minimize access intersections.

      (2)   Where either sanitary sewer or water service is not available, lots shall have a minimum frontage of seventy-five (75) feet and a minimum area of ten thousand (10,000) square feet. Where neither sanitary sewer nor water service is available, lots shall have a minimum frontage of one hundred (100) feet and a minimum area of twenty thousand (20,000) square feet.

      (1)   The Planning Commission shall not approve any subdivision having inadequate storm drainage or other physical drainage impairment as determined by the City Engineer. In areas known to be subject to periodic floods, such drainage improvements must be made as to satisfy the Director of Public Service and the City Engineer in order that the health and welfare of the people will be protected.

      (2)   No natural drainage course shall be altered and no fill, buildings or structures shall be placed in it unless provisions are made for the flow of water in a manner satisfactory to the City Engineer. An easement shall be provided on both sides of any existing important surface drainage course adequate for the purpose of protecting, widening, deepening, enclosing or otherwise improving such stream for drainage purposes.

      (3)   A master grade plan shall be prepared for all subdivisions and shall be presented to the for review and approval by the City Engineer. The grading plan shall show the existing topography, the proposed street grades and the proposed storm sewers with pipe sizes and grades. It shall also show the proposed elevation at each lot corner, the proposed finish grades at the house and shall delineate the method of rear yard drainage by showing proposed swales and direction of surface slope by arrows. The grading plan shall follow the standards as established for such grading by the City Engineer.

      (4)   Wherever possible, with exceptions being made where the topography of an area does not permit such grading practice, lots shall be graded from the rear lot line to the street. Where a lot abuts directly on two (2) streets, the grade shall be from the corner of the lot which is diagonally opposite to the corner of the two (2) streets on which the lot abuts. This section is included in order to reduce the amount of water standing in yards to a minimum. Therefore, where it is not possible to grade a lot in the prescribed manner, the owner or developer shall provide for the adequate drainage of any and all low areas and tie such drainage into and make it a part of the storm sewer system of the development and the City as directed by the City Engineer, with approval of such drainage subject to inspection by the City Engineer along with the inspection of other storm sewer installations.

      (5)   The Planning Commission shall not approve the final plat of any development or subdivision over which it has jurisdiction without certification from the Director of Public Service and the City Engineer that such development or subdivision has been designed to be in full compliance with the design requirements contained in the Stormwater Management Policy and Design Manual.

      (6)   There is hereby adopted, and incorporated by reference as if set out at length herein, for the purpose of establishing rules and regulations for the design, construction, or alteration, the Stormwater Management Policy and Design Manual as hereafter amended in the most recent edition published by City Engineer.

      (1)   Ten (10) percent of the area of each residential subdivision, exclusive of streets, shall be allocated for recreational uses. When a proposed subdivision contains an area described as a proposed public building site, park, playground or other public area, that area shall be dedicated on the plat to the City, another public agency, or reserved for acquisition by the City within a period of five (5) years by purchase or other means.

      (2)   Where required, the developer and the City shall work out an arrangement for parks and recreational facilities.

      (3)   Proposed large scale neighborhood unit developments and similar unusual developments may require the reservation or dedication of such additional areas or sites of a character, extent and location suitable for the needs of the community facilities created by such particular developments where deemed necessary by the Planning Commission.

      (4)   Natural features of beauty such as trees, brooks, topography and views shall be preserved whenever possible in designing any subdivision.

      (1)   The term “subdivision” as used in this section refers only to residential subdivisions of more than eleven (11) lots platted subsequent to July 1, 1967.

      (2)   Unless the subdivision has been exempted from the requirements of this section, as provided in subsection (e) hereof, all telephone and electric distribution wires, conduits, and cables therein shall be installed underground, except as necessary to bring service to the subdivision, and except for existing overhead facilities and any rearrangement, improvement or addition thereto.

      (3)   The preliminary plan with respect to the subdivision shall be submitted to the City Engineer and to the electric and telephone utility companies which will provide service to the subdivision for their recommendations with respect to the width and location of easements for electric and telephone distribution cables and related facilities. The recommendations of the City Engineer and such utility companies shall be submitted to the Planning Commission by the owner of the subdivision together with the plat of the subdivision. Prior to signing the plat of the subdivision, the Planning Commission shall determine that adequate easements are provided for all utility services, including underground electric and telephone distribution wires, conduits, cables, gas pipelines, sewer and water lines. The owner of the subdivision shall, at the time the plat of the subdivision is submitted for approval, present such evidence as the Planning Commission deems necessary to ensure that the owner shall make or has made provision for all utility services, including underground electric and telephone distribution wires, conduits, cables, gas pipelines, sewer and water lines in accordance with this section, adequate for the anticipated needs of the subdivision.

      (4)   The construction of all underground facilities shall meet the minimum requirements of any code approved by the Public Utilities Commission of Ohio.

      (5)   If, in the opinion of the owner of any subdivision or a portion thereof, or any interested utility company, the installation of underground facilities is economically or physically unfeasible, such owner or utility company may apply to the Planning Commission for exemption of the subdivision or portion thereof from the requirements of this section, stating in the application for exemption the reasons thereof or, and submitting therewith such exhibits, documents and data as may be necessary to substantiate the request. The Planning Commission shall hold a hearing, at which the applicant and any other interested person may appear, at its regularly scheduled meeting, after the submission of an application for exemption. Notice of the hearing shall be given by certified mail by the applicant, at the applicant’s expense, to each interested utility and owner no less than seven (7) days prior to such hearing. If the Planning Commission denies the application following the notice and hearing, the applicant may file a written appeal therefrom with the Clerk of Council, stating the reasons therefor, within thirty (30) days following the announcement of such decision by the Planning Commission. Such appeal shall be placed on the agenda for the next regularly scheduled meeting of Council following the filing thereof with the Clerk and shall be heard at such meeting. Council may, by resolution, reverse or affirm, wholly or in part, or may modify the decision of the Planning Commission.

      (1)   The erosion and sediment control plan shall conform to any and all standards defined in the Ohio Environmental Protection Agency authorization for storm water discharges associated with construction activity under the current National Pollutant Discharge Elimination System (NPDES) permit, and all revisions and amendments thereto. The Notice of Intent, as well as a copy of the Storm Water Pollution Prevent Plan (SWP3) shall be provided to the City as part of the erosion and sediment control plan submittal.

      (2)   The SWP3 shall be prepared by a professional experienced in the design and implementation of erosion and sedimentation controls and shall address all phases of construction. The SWP3 shall incorporate, at a minimum, all of “Part III, Section G” SWP3 requirements of the current NPDES permit, and all revisions and amendments thereto.

(Ord. 33-2020. Passed 3-23-20; Ord. 103-2021. Passed 7-26-21.)