Silverton City Zoning Code
§ 153.24
SUBDIVISION REGULATIONS.
(A) Short title. This section shall be known and may be cited as the Subdivision Ordinance of Silverton, Ohio and shall be referred to herein as "these Subdivision Regulations."
(B) Purpose and scope.
(1) The purpose of these Subdivision Regulations is to provide rules, regulations and standards to guide the subdivision of land in order to promote the public health, safety, convenience and general welfare within the city. Standards shall be administered to ensure orderly growth and development, the conservation, protection and proper use of land, and adequate provisions for traffic circulation and services. These Subdivision Regulations shall not apply to any lot or lots forming a part of subdivision created and recorded prior to the date these Subdivision Regulations are enacted.
(2) These Subdivision Regulations shall apply to all unsubdivided land proposed as a major subdivision or a minor subdivision, and to any land replatted in the city, but shall not be deemed a basis for, nor shall it in any way diminish or relax any existing restrictions or provisions set forth in any subdivision protective covenants, or any such restrictive covenants which may appear in any deed, contract or plat of record.
(C) General compliance regulations.
(1) After the adoption of these Subdivision Regulations, no land shall be subdivided or replatted without complying with the provisions of these Subdivision Regulations. No lot, tract or parcel of land within any subdivision or constituting a subdivision under R.C. Chapter 711 shall be offered for sale, nor shall any sale or contract for sale which is intended to be recorded with the county have any validity, until such subdivision, together with the plans for the improvements thereto, has been properly reviewed and officially approved by the Planning Commission and, where required, by Council.
(2) No permits required for any work in connection with any subdivision shall be issued until the plat has been approved as herein prescribed.
(3) No improvements, such as water supply, storm water drainage, sewerage facilities, gas service, electric service or lighting, or major grading operation, paving or surfacing of any street, shall be made within any such subdivision by any owner or owners or his or their agent, or by any public service corporation at the request of such owner or owners or by his or their agent, until the plats for the subdivision and also the plans for the improvements have been properly reviewed by the City Engineer and officially approved by the Planning Commission.
(4) Where a tract of land is proposed to be subdivided in several stages over a period of years and the subdivider requests approval in parts, he or she shall, at the time of submission of the first part, submit a complete preliminary plan of the entire tract to be eventually developed, with appropriate sectioning adequate to demonstrate to the Planning Commission that the total design as proposed for the entire subdivision is acceptable under the terms of these Subdivision Regulations including conformance with the official Transportation Master Plan. The Planning Commission may give preliminary approval to the overall plan and final approval on the parts as submitted from time to time. The city hereby defines its policy to be that the city will withhold all public improvements of whatsoever nature, including the maintenance of streets and the furnishing of water service, from the subdivisions which have not been approved and from all areas dedicated to the public which have not been accepted by the Planning Commission and Council in the manner prescribed herein.
(5) The provisions of these Subdivision Regulations shall be held to be the minimum requirements necessary in the subdivision of land.
(D) Minor subdivisions.
(1) For the purposes of these regulations, a minor subdivision is a lot split, lot consolidation, or transfer of land between adjacent property owners that complies with all of the following requirements:
(a) The subdivision shall not result in or create more than five lots, including the remainder of the original lot (e.g., four new lots and the remainder of the original lot);
(b) The subdivision shall be in compliance with all applicable site development standards in this code or with any variance approved from such standards;
(c) All lots resulting from the minor subdivision shall have frontage and access on an existing street and shall not require the construction, expansion, or improvement of any street;
(d) The subdivision shall not require any public improvements or the dedication of rights-of-way;
(e) The property has been surveyed and a survey sheet or record plan, in the form provided for in this code, and a full legal description of the changes resulting from the split, are submitted with the application; and
(f) No landlocking of parcels shall occur as a result of the minor subdivision.
(2) A minor subdivision also includes the recombination of land, consolidation of lots, transfer of property from one lot to an adjacent lot, and the dedication of additional land for the widening of existing streets, where no new lots are created.
(3) Minor subdivisions may be administratively approved by the Zoning Enforcement Officer or the Zoning Enforcement Officer shall have the authority to forward the application to the Planning Commission for review if there is any question about the applicability of the standards in this Zoning Code or if there is a need for the Planning Commission to consider waiving any of these Subdivision Regulations.
(4) Applications for a minor subdivision shall be submitted to the Zoning Enforcement Officer with all fees and application content required pursuant to § 153.02(D) and (E).
(5) All major subdivision improvement standards set forth in these Subdivision Regulations shall apply unless otherwise waived by the Planning Commission.
(6) When the development of new residential dwellings is proposed in conjunction with a minor subdivision application, a reciprocal access easement and common infrastructure maintenance agreement shall be submitted with the application contents. No zoning permit shall be issued until the applicant provides the city with evidence of proper recordation of the reciprocal access easement and common infrastructure maintenance agreement.
(7) All subdivisions that are not considered to be minor shall be reviewed as a major subdivision by the Planning Commission in accordance with these Subdivision Regulations.
(E) Major subdivision review procedure.
(1) Pre-application conference (optional).
(a) Prior to filing a subdivision, an applicant may request a meeting with the Zoning Enforcement Officer for a pre-application conference to provide an opportunity to conceptually discuss a proposed development and to provide general guidance to assist in the preparation of the subdivision plats. The Zoning Enforcement Officer may invite additional city staff or review agencies to participate in the discussion.
(b) An applicant may also request a pre-application meeting with Planning to discuss the concept of the proposed development. The applicant may request such meeting by submitting a written request, along with any supporting documents, to the Zoning Enforcement Officer for placement on the agenda of the next regularly scheduled meeting or any special meeting that may be called by Planning Commission.
(c) No action can be taken by the administrative staff or Planning Commission until the applicant submits an actual subdivision application. Therefore, all discussions that occur between the applicant and/or applicant’s representative(s) and staff or Planning Commission that occur prior to the submission of an actual application are not binding on the city and do not constitute official assurances or representations by the city or its officials regarding any aspects of the plan or application discussed.
(2) Preliminary plat review.
(a) The applicant shall begin the formal review process by filing a preliminary plat applications for a major subdivision shall be submitted to the Zoning Enforcement Officer with all fees and application content required pursuant to § 153.02(D) and (E). The required checklist of information shall also include the required drawing standards for any plats. The preliminary plat submission shall be prepared by a professional engineer registered in the State of Ohio and shall include a general location map.
(b) Preliminary plat applications shall also include a traffic impact study for all applications where the expected trip generation of the land use is 100 or more cars per hour as identified in the Institute of Traffic Engineers (ITE) Manual. The traffic impact study shall contain the information established in § 153.06(E)(4).
(c) All proposed subdivisions shall have a storm drainage system designed to serve the area being developed. It shall be compatible to any adjacent storm drainage system and shall have in all cases a clear and unobstructed outlet. The storm drainage system shall be designed in such a manner to minimize the effects on the downstream properties within reasonable limits. The preliminary drainage plan shall:
(d) The developer, owner or their engineer may apply to the Planning Commission for an exception to the detention or retention requirements. Each request shall be accompanied by a study showing the effects of the proposed and required drainage system on the watershed it is located in.
(e) The Zoning Enforcement Officer shall keep one copy of the application, together with one copy of the preliminary plat for the city records.
(f) Five copies of the preliminary plat shall be retained by the Planning Commission for review. The remaining copies shall be submitted to the Health Department, City Engineer, Fire Department, Police Department or other agencies.
(g) The preliminary plat application contents shall be placed on the meeting agenda of Planning Commission for consideration. Upon review of the application for conformance to these Subdivision Regulations, the zoning code and any other applicable document, the Planning Commission shall transmit a letter to the applicant either approving or disapproving (with reasons provided) or, where such changes or corrections are minimal, the Commission may give a conditional approval, stating the plat is approved, subject to the set forth requirements being met. Where it appears that for any reason conditions do not warrant either complete approval or conditional approval, the preliminary plat shall be returned to the applicant or his agent setting forth reasons for disapproval. The plat, revised and corrected, may be resubmitted within one year without payment of an additional application fee.
(h) Approval of the preliminary plat shall be effective for two years from the date of approval, and such approval may, at the discretion of the Commission and upon written request of the applicant, be renewed for one additional year.
(i) If the construction drawings and specifications are not submitted for at least a reasonable section of such plat within the following two-year approval period or renewal year, the preliminary plat approval shall be deemed to have expired. If no construction activity consistent with an approved construction drawing and specification plan is not instituted within six months following the end of the renewal period, then the preliminary plat approval shall be deemed to have expired.
(j) Also, where a portion of the lands shown on any preliminary plat have been developed and platted in a phased manner, the approval of the remainder of the preliminary plat shall be deemed in effect for one year from the date Council approves such final plat; and unless plans and plats for additional sections are submitted prior to expiration of the one-year period, the preliminary plat approval shall be deemed to have lapsed. The timely submission of such plans or plats for approval shall extend effective approval for one additional year.
(3) Filing construction drawings for approval.
(a) Prior to the submission of the final record plat, 12 copies of the necessary construction drawings shall be submitted to the Planning Commission.
(b) A review fee established by ordinance of Council equaling 1.5% of the estimated infrastructure improvement costs for the portion of the plat for which the construction drawings have been designed shall be paid to the city prior to the construction drawings being placed on the agenda for consideration of recommendation of the Planning Commission.
(c) Construction drawings and specifications.
1. Upon approval of the preliminary plat by the Planning Commission, construction or improvement plans, as prepared by the owner's engineer, shall be submitted and reviewed by the City Engineer, the Zoning Enforcement Officer and any other proper city officials, and evidence shall be provided that such plans have been duly approved by the State Environmental Protection Agency, the County Health Department or any other governing agencies or departments when approval by such agencies is required by law.
2. The construction plans shall be prepared by or under the immediate direction of a registered professional engineer, registered in the State of Ohio, and same shall be complete, showing all improvements, including storm and sanitary sewers, culverts, water and gas mains, with typical cross-sections of streets, profiles and any necessary special details.
3. The plans shall in every way equal or exceed the standards as adopted by the city for subdivision improvements.
4. The plans, when submitted to the City Engineer for review, shall be accompanied with a map showing division of drainage runoff areas and a complete set of storm water calculations determining pipe or ditch channel sizes and detention/retention volumes and routing.
5. In the preparation of construction or improvement plans, every reasonable effort shall be made to avoid placing utility pipe lines, storm and sanitary sewer pipe lines (but not including service connections which must necessarily cross the streets) under pavements or curbs.
6. After the completion of the construction of the improvements, as-builts shall be submitted in a digital format compatible with the city consultant's CAD system, and on one set of mylars.
7. It shall be the duty of the owner, his or her agent or engineer to consult with public service and utility companies as to location of all underground conduits, pipe lines, cable and telephone conduit, overhead poles, street lights, wires, etc., and to provide necessary easements for such facilities on the final plat.
8. The approval of plans by the City Engineer, the Zoning Enforcement Officer and the Planning Commission shall not relieve the owner, developer or his or her engineer of any liabilities, damages or legal action which may result from faulty, careless or negligent design or construction observed within the guarantee period.
(4) Final plat review.
(a) Upon approval of the construction drawings for the proposed subdivision or a particular phase of the proposed subdivision, the final record plat, together with a durable reproducible copy thereof, shall be submitted to the Zoning Enforcement Officer. The applicant shall submit all fees and application content required pursuant to § 153.02(D) and (E). The required checklist of information shall also include the required drawing standards for any plats. The final plat submission shall be prepared by a professional engineer registered in the State of Ohio and shall include a general location map.
(b) Both copies of the plat shall be referred to the City Engineer for review and signed by him or her if approved, or returned to the Zoning Enforcement Officer with recommendations and comments attached.
(c) The plat shall thereupon be presented to the Planning Commission for approval. If the Commission approves the final plat, it shall be so indicated on both original and reproducible copy over the signature of the Secretary of the Commission, whereupon same shall be returned to the Zoning Enforcement Officer for submission to Council.
(d) City approval. After the approval of the final plat by Council, the developer shall submit cost estimates, bonds, and letters of credit to the Clerk of Council prior to Council signing the final plat for recording. Once the information is submitted, the Clerk of Council shall indicate the approval of Council on both copies of the final plat with a statement of approval, including the date and ordinance number, bearing the signature of the City Clerk. The reproducible copy shall be permanently filed in the office of the Zoning Enforcement Officer.
(e) Approval notification. The Zoning Enforcement Officer shall notify the subdivider of the action of the Planning Commission and Council by mail within ten working days after the date of such action. The original tracing of such approved plat shall be returned to the subdivider or his or her agent for recording in the County Recorder's office. If such recording is not made within 90 days, the approval will become void and a resubmission for approval of the Planning Commission and Council must be made.
(f) Performance guarantee. The Mayor and City Clerk shall not indicate Council's approval on any plat by affixing their names and the ordinance number until such time as the subdivider has posted the performance guarantee as set forth in division (QQ) of this section.
(F) Conformance. The subdivider shall conform to the following principles and standards of land subdivision in the design of each subdivision or portion thereof which has not been officially recorded in the office of the Recorder of Hamilton County, Ohio, on or before the date of the enactment of these Subdivision Regulations.
(G) General design considerations.
(1) The subdivision plat shall conform to design standards that will encourage good development patterns and particularly to the principles, standards, policies and proposals which are specified in the Comprehensive Plan. Therefore, the Official Transportation Master Plan, drainage rights-of-way, school sites, public parks and recreation sites and other public buildings and facilities shown on the officially adopted Comprehensive Plan shall be considered in the decision to approve or disapprove subdivision plats. Each subdivision design shall be in accordance with all applicable sections of the Zoning Code, as amended. The City Engineer, at any time during design or construction or even after the recording of the final plat, shall have the authority to modify any engineering or construction detail, whenever required for the protection of the public interest, health, safety or welfare.
(2) Every residential lot in any subdivision shall abut and have access to a dedicated street or right-of-way, except that in a division of land abutting several lots with the intent of conveying same to such abutting owners without creating additional residential building sites, these parcels need not abut a public street.
(3) No land shall be subdivided for residential use if considered by the Planning Commission to be unsuitable for such use because of flooding or improper drainage, inability to provide proper sanitation or any other feature harmful to the health and safety of the future residents or the community as a whole.
(4) Every subdivision shall be planned so as to be in conformance with the regulations for the zone in which it exists.
(H) Street regulations.
(1) The street layout shall provide access to all lots and parcels of land within the subdivision. Street jogs at intersections of less than 125 feet shall be avoided. Street terminations in a cul-de-sac shall not exceed 700 feet in length unless necessitated by site topography. The measurement shall be taken from the center of the closest intersection that allows two or more alternative access routes from the entrance of the subdivision to the center of the cul-de-sac.
(2) Local or marginal streets shall be designed by pattern and layout so as to discourage through traffic unless otherwise noted in the Comprehensive Plan.
(3) Proposed streets shall be adjusted to the contour of the land so as to produce usable lots and streets of reasonable gradient.
(4) Proposed streets, where appropriate, shall be extended to the boundary of the tract to be subdivided so as to provide for normal circulation of traffic with adjacent existing or future subdivisions or developed areas.
(5) Wherever a dedicated or platted portion of a street or alley exists within the proposed subdivision, the street or alley shall be platted to the prescribed width within the proposed subdivision unless such use is vacated.
(6) Widths of interstate highways, major and minor arterials, collector and local street rights-of-way shall conform to the widths specified in the typical right-of-way sections provided herein. These widths may be increased or decreased or varied in unusual circumstances by the Planning Commission as recommended by the City Engineer.
(a) Additional right-of-way may be required by the Planning Commission to accommodate adjacent storm water runoff and drainage.
(b) Pavement width shall be measured from back of curb to back of curb.
(7) The minimum right-of-way of local streets, including marginal access streets and cul-de-sacs, shall be 50 feet. All cul-de-sacs shall terminate in a circular right-of-way with a minimum diameter of 110 feet; minimum pavement width shall be 86 feet on turnaround. No parking shall be permitted in a cul-de-sac terminus. The developer shall be required to place "No Parking" signs at the beginning radius, center and ending radius of the cul-de-sac with signs approved by the Ohio Manual of Uniform Traffic Control Devices.
(8) Where a street having two or more lots fronting thereon ends at a subdivision line for future extension, it shall be provided with a temporary paved turnaround until such extension is completed. The size of the turn-around shall not be less than 60 feet in diameter.
(9) Subdivisions that include, or border on, existing streets that do not conform to the required widths shall dedicate additional width along either or both sides of such street. The half width of all public rights-of-way abutting the proposed subdivision shall be brought to all applicable city improvement standards.
(10) All street intersections shall be a 90-degree angle of intersection unless special conditions warrant consideration and approval of other design.
(11) At all street intersections, the roadway turning radii shall be adequate to allow all motor vehicles, trucks, and emergency vehicles adequate room to turn into a development in a single movement.
(12) At street intersections the right-of-way line shall be rounded by an arc, the minimum radius of which shall be 20 feet. Street curb intersection shall be rounded by radii of at least 30 feet.
(13) Intersection of more than two streets at one point shall not be permitted.
(14) In the interest of public safety, and as a matter of policy, all points of ingress and egress shall be located as far as possible from the intersection of two or more major thoroughfares. Access control at major thoroughfares shall be taken into consideration in the design of the subdivision plat. The city or ODOT has the right to define access along major thoroughfares as shown in the Transportation Master Plan set forth in the Comprehensive Plan.
(15) Where parkways or special types of streets are involved, the Planning Commission may apply special standards to be followed in the design of such parkways or streets.
(16) Whenever the subdivision contains or is adjacent to a railroad right-of-way, or a highway designated as a limited access highway by the appropriate highway authorities, provision shall be made for either a marginal access street or a parallel street at a distance adequate to permit use of adjoining land.
(17) Horizontal visibility on curved streets and vertical visibility on all streets shall be maintained along the centerlines as follows:
(a) Major highways and thoroughfares: 500 feet.
(b) Collector streets and parkways: 300 feet.
(c) Residential access streets: 100 feet.
(d) Where topographic or other conditions warrant, the Planning Commission may, with the recommendation of the City Engineer, reduce the above requirements.
(18) Horizontal curvature measured along the centerline shall have a minimum radius as follows:
(a) Major highways and thoroughfares: 500 feet.
(b) Collector streets and parkways: 300 feet.
(c) Residential access streets: 150 feet.
(d) Where topographic or other conditions warrant, the Planning Commission may, with the recommendation of the City Engineer, reduce the above radii requirements.
(19) All changes in grades shall be connected by vertical curves of sufficient radii to provide smooth transitions and required sight distances.
(20) Between reverse curves on major arterial streets there shall be a tangent of not less than 100 feet, and on collector and local streets such tangent shall be not less than 40 feet. For hillside areas between reverse curves on major arterial streets there shall be a tangent of not less than 50 feet, and on collector streets such tangents shall not be less than 20 feet.
(21) Maximum grades for streets shall not be greater than those shown below unless approved by the City Engineer and the Planning Commission.
Table 8: Maximum Grade of Streets | |
Type of Street | Maximum Grade |
Major arterials | 4% |
Minor arterials | 7% |
Collector streets | 7% |
Local streets | 10% |
Pedestrian ways or crosswalks | 12% |
(22) The minimum grade of any street gutter shall not be less than 0.5%.
(23) New streets may be called avenue, circle, court, drive, place, street and way, but they shall not be called roads.
(24) Alleys shall not be permitted in residential areas but shall be included in commercial and industrial areas where needed for loading and unloading or access purposes where required; alley rights-of-way shall be at least 20 feet in width and shall be fully paved.
(25) Dead-end alleys shall be avoided, but if unavoidable, shall be provided with adequate turnaround facilities at the dead-end, as determined by the Planning Commission.
(26) The street approach to any proposed stub streets or cul-de-sac street shall not exceed more than 5% grade.
(27) The use of cul-de-sac street designs shall be utilized only when physical features of the site warrant the use this design. Generally, a grid style street network is encouraged including the use of curvilinear design elements.
(28) Each major subdivision shall provide for multiple access points to provide more efficient traffic flow, greater connectivity between adjacent developments and an adequate number of access points for fire, EMS and police personnel.
(29) Medians shall not be located within any cul-de-sac street.
(I) Blocks.
(1) Blocks shall not normally exceed 1,250 feet in length, unless unusual circumstances justify greater length.
(2) Blocks shall be of sufficient width to permit two tiers of lots of appropriate depth, except where an interior street parallels a limited access highway, arterial street or railroad right-of-way.
(3) No other specific rule is made concerning the shape of blocks, but blocks shall fit easily into the overall plan of the subdivision and their design must evidence consideration of lot planning, traffic flow and public areas.
(4) Within blocks of over 700 feet in length, the Planning Commission may require, at or near the middle of the block, a public walk connecting adjacent streets or other public areas, shopping centers, etc.
(J) Lots.
(1) All lots shall abut on a dedicated street of right-of-way.
(2) Side lines of lots shall be at approximately right angles to straight streets and on radial lines on curved streets. Some variation from this rule is permissible, but points or very irregular lots shall be avoided. For hillside areas, side lines of lots shall be located as to provide the most suitable building site.
(3) Minimum lot areas, widths and building setback lines shall be as provided in the Zoning Code for the district in which the subdivision is located within the incorporated area of the city, except that where a water main supply system or a sanitary sewer system is not available, the lot area necessary to install a private water supply or sewage disposal system on the lot in accordance with the Hamilton County Board of Health or the Ohio Department of Health, shall become the minimum lot area.
(4) Panhandle lots shall be discouraged and may only be approved if necessitated by unique topographic features or other special physical conditions as deemed necessary by the Planning Commission. The panhandle portion of the lot shall have a minimum width of 20 feet at the road.
(a) The stacking of panhandle lots shall be prohibited.
(b) The minimum lot size for panhandle lots in any residential district shall be 150% of the minimum lot size as set forth in the underlying zoning district regulations.
(5) Through lots shall be avoided wherever possible. Where through lots do exist, the minimum front yard setback shall be required wherever the lot abuts a right-of-way.
(6) Lot design for all residential subdivisions shall utilize the minimum front yard building setback stated in the underlying zoning district as the basis for determining lot width.
(7) Any major subdivision providing for common area amenities and uses including but not limited to: Landscaped areas, swimming pool and other recreational uses, gateway sign areas, stormwater detention or retention facilities and other similar common use areas shall be wholly located within a dedicated lot with proper title and interest held by a home owners association or similar property owners association for the proposed development.
(K) Easements.
(1) Easements shall be provided for utilities. Such easements shall have a minimum width of 15 feet, and where located along interior lot lines, one-half the width shall be taken from each lot. Before determining the location of the easements, the plan shall be discussed with the local utility companies to assure the proper placing for the installation of services. Slope easements shall be provided when required by the Planning Commission.
(2) Easements of adequate width shall be provided for all streams and drainage channels.
(3) All underground public utility lines, wires, cables, conduits, vaults, laterals, pipes, mains, valves and other similar distributing equipment shall be placed within easements or dedicated public ways in such a manner so as not to conflict with any other underground service previously installed.
(L) Public use areas. Where sites for parks, schools, playgrounds or other public use areas as shown in the Comprehensive Plan are located within the subdivision area, the city shall require that such areas be so designated on the final plat. Within one year after the approval of the final plat, the authority having jurisdiction shall acquire the designated land or commence proceedings to acquire it by condemnation, otherwise the owner may make any other permitted use of the site, as permitted by the zoning district within which it lies.
(M) Topography, natural vegetation and flooding.
(1) In the subdivision of any land within the city, due regard shall be shown for all natural features, such as tree growth, watercourses or other similar elements which, if preserved, would add attractiveness to the proposed development.
(2) The natural topography shall be retained wherever possible in order to reduce excessive runoff onto adjoining property and to avoid extensive regarding of the site.
(3) Floor elevations of all buildings shall be carefully studied in relation to existing topography, proposed street grades, existing trees and other pertinent site features.
(N) Standards and requirements for utility and street improvements. Utility and street improvements shall be provided by the subdivider in each new subdivision in accordance with the standards and requirements described in the following sections. All item numbers that appear below refer to the Ohio Department of Transportation's Construction and Material Specifications, latest edition, unless specifically noted as otherwise.
(O) Streets. Streets shall be completed in accordance with the plans, profiles, specifications, and cross-sections prepared for the subdivider by a registered professional engineer in accordance with sheets one through four of the standard drawings, and approved by the City Engineer, Zoning Enforcement Officer and Planning Commission.
(P) General requirements.
(1) Approval. All construction drawings shall be approved by the Planning Commission acting upon recommendation for approval by the City Engineer.
(2) Construction drawings. Construction drawings shall be complete in detail, and shall include plans, profiles, drainage facilities, sanitary sewers and all utilities and service facilities which are to be installed by the subdivider.
(3) Pavements. Pavements shall be installed with curb and gutter as shown in sheets one through four of the standard drawings. An equivalent concrete section may be considered for industrial and collector streets.
(4) Sidewalks. Sidewalks shall be required on all residential subdivision streets, on both sides of the street. Concrete for sidewalks shall be concrete, and shall meet the specifications set forth in ODOT Item 608, and shall be given a reasonably smooth float finish. Where site features prevent the construction of a sidewalk on both sides of the street, the owner or developer may appeal to the Board of Zoning Appeals for a variance. Subdivisions that abut existing public streets shall provide sidewalks along the full distance of the development beginning and terminating at the project's property lines, unless otherwise approved by the Planning Commission.
(5) Storm drainage.
(a) Pipe for storm water system, when any portion of the run is underneath the pavement, shall be per ODOT Item 706.02(IV) minimum and in all cases shall be placed with good bedding. Pipe for storm sewers and drains, when entirely outside of the pavement, may be per ODOT Item 707.42.
(b) The storm water system shall be designed based on a post-development 25-year storm. The storm water system includes all closed conduits, open channels, inlets, manholes and all features designed to collect storm water from streets and lots, including the necessary piping for the collection of sump pump drains. The Rational Method will normally be used when calculating peak rate of runoff in determining conduit size and grade. If the drainage area is greater than 20 acres, TR55 should be used.
(c) In general, all conduits shall be designed on a 25-year flowing full design using the Manning Formula, with a minimum diameter of 12 inches with a minimum cover of 18 inches. All changes in size, grade, alignment and the intersection of two or more sewers must take place in a manhole or catch basin. If the main route of the storm sewer passes through a catch basin, the catch basin must have a separate access point for cleaning purposes. The roughness coefficient (n) shall equal 0.015 for all pipe materials, unless approved by the City Engineer. The allowable velocity shall not be less than 3.5 feet per second or greater than 18 feet per second based on a 25-year frequency storm. Rock channel protection and/or other means of energy dissipation must be used when the outlet velocity is higher than the permissible erodible velocity for the channel it enters.
(d) Inlets or catch basins shall have a capacity not less than the quantity of flow tributary to the inlet. Inlets at low points or grade pockets should have extra capacity as a safeguard for flooding from flows in excess of design flows. Calculations shall be submitted verifying the capacity of each inlet. Special inlets may be required for streets with steep gradient to provide the extra capacity such situations require. The inlets shall be so located that they shall pick up no more than 5.0 cfs, and this only when street grades do not exceed 6% on either side of the inlet, and when the maximum concentration of water on each side of the inlet does not exceed 2.5 cfs. Inlets shall be located upstream of all sidewalks at street intersections, crosswalks, driveways, and roadways; in all pockets in streets, where a street grade flattens, and at intervals no greater than 350 feet in gutters. Inlets or catch basins shall be spaced and located as the conditions may require, but generally not over 400 feet apart or from a high point. Inlets shall be placed in such a manner that no storm water shall flow through or into any intersection. Not more than 500 linear feet of street shall be permitted to drain into one pair of catch basins when draining from two directions. Gutters shall be depressed 1½ inches at all catch basins or inlets. Manholes shall be placed on conduits 36 inches in diameter or less, at not more than 400 feet. Manhole tops, which otherwise cannot be set outside of the pavement area, shall be set to meet the pavement grades evenly. All manholes and catch basins which are on the main route of the storm sewer system shall be provided with channels to afford a smooth, unobstructed flow. Easements not less than 15 feet in width shall be provided for all sewers or pipe drains not in a dedicated public right-of-way, depending on the depth of the sewer. Inlets or catch basins shall have a capacity not less than the quantity of flow tributary to the inlet. Inlets at low points or grade pockets should have extra capacity as a safeguard for flooding from flows in excess of design flows.
(e) All subdivisions must include an adequate flood routing system designed to carry runoff from a 100-year frequency storm. Minimum opening elevations are to be set by the owner's engineer along all 100-year flood routes. These elevations are to be a minimum of one foot above the 100-year water elevation. All storm water is to be routed into the detention or retention area. When a storm sewer system outfalls into a flood plain of any major watercourse, the outfall must not be subject to frequent floods or backwaters. Standard wingwall with erosion control shall be constructed for all outfalls. Suitable baffles or other energy dissipaters shall be provided if determined to be necessary by the City Engineer. The invert of the first storm sewer appurtenance upstream of the outfall structure shall be above the elevations of the flood plain.
(f) Streets may be used as a routing path. Where a street is designated as the major drainage way, the depth of flow shall not exceed eight inches at the face of the curb. Where the major drainage way is located outside a street right-of-way, easements shall be provided and a grading plan is to be submitted with detailed elevations showing the flood being contained in this area.
(6) Culvert design.
(a) Technical Release 55 and the Hydraulic Circular No. 5 are the recommended procedures for design. A single-span culvert should always be used in lieu of multiple-span openings. The only time a multiple-opening culvert shall be considered is when no other single-span structure will function. All culverts which are a part of the flood route for the 100-year storm shall be designed for the 50-year storm with head water and a flood route provided to accept a 100-year storm. Maximum allowable head water shall be 18 inches below the top of the curb and 12 inches below the edge of pavement where curb does not exist.
(b) The design of the drainage system should not cause back water onto any adjacent property. If additional back water is caused, an easement from the affected property owner must be obtained. The back water condition should be checked on the 50-year frequency storm.
(c) A structure having a clear opening of ten feet or more shall be classified as a bridge and be subject to special conditions under the direction of the City Engineer.
(7) Open drainage ditches.
(a) All newly designed open channels shall only accommodate a small drainage area (i.e. lot swale). All other design drainage features shall be enclosed with storm sewer, with the exception of large, major channels. All drainage ditches, where provided as a part of the drainage system, shall have rights-of-way or easements provided for the city to access and maintain the ditches. Ditches are to be designed using a full flow 25-year frequency storm unless the channel is part of the flood routing system, in which case it must be designed using a 100-year storm frequency. The longitudinal slope of a channel should be 1% or greater. All side slopes shall be 4:1 or flatter in residential areas and 3:1 or flatter in commercial areas unless otherwise approved by the City Engineer and Planning Commission.
(b) The maximum permissible design velocity shall not be greater than the erodible velocity of the design year storm used to design the ditch. Channel linings will be required as per the ODOT Design Manual. In designing an open ditch, the flow and grade shall be addressed so as to prevent stagnation. All seeding, mulching and sodding shall be installed immediately after construction as per ODOT Item 659 and 660, and kept in ideal growth conditions until established.
(c) Easements or right-of-way widths for open ditches shall be equal to the bottom width, plus six times the design depth of flow and not less than 15 feet.
(8) Retention/detention basins.
(a) An adequate amount of land shall be designated for the sole purpose of detention or retention of storm water runoff. Said area shall be located on a separate non-buildable lot deeded to and maintained by a homeowner's association or similar legal entity. Said homeowner's association or similar legal entity shall execute a perpetual maintenance agreement suitable for recording with the final record plat at the Recording Office of Hamilton County. If the maintenance of the area does not meet the requirements of the city's NPDES permit, the city has the right to maintain said property as applicable under R.C. § 715.41 and 715.47. The detention or retention area shall be used as a temporary sedimentation basin during construction. It will be the responsibility of the developer to ensure that the detention or retention area meets all original design characteristics prior to the end of each of the maintenance bond periods for each of the sections of development.
(b) In order to minimize storm runoff damage to downstream properties and overloading of existing drainage courses, the following criteria shall be followed on all development of parcels one acre or larger in size, and on all redevelopment of existing buildings or site usage as determined by the Planning Commission.
1. Stage 1 shall allow the discharge of the ten-year pre-developed storm flow and provide for the detention of a volume equal to the ten-year storm flow, post-development less the ten-year pre-developed discharge.
2. Stage 2 shall allow the discharge of the 25-year pre-developed storm flow and provide for the detention of a volume equal to the 25-year storm flow, post development less the 25-year pre-developed discharge.
3. Stage 3 shall allow the discharge of the 25-year pre-developed storm flow and provide for the detention of a volume equal to the 100-year storm flow, post development less the 25-year pre-developed discharge. The detention volume shall be determined by multiplying the above difference by 25 minutes. The method of retention is subject to approval by the City Engineer.
4. Outlet flow control devices shall be multistage.
5. Other requirements may be imposed for specific cases.
6. All detention systems shall include an emergency overflow to control the storm water flow when maximum storage capacity is surpassed.
7. No on-site storm drainage shall outlet downstream of the main retention facility without providing supplemental retention as per the above criteria.
(c) The bottom of the detention area should be constructed with a minimum slope of 0.5%. Side slopes for detention facilities shall be no steeper than 4:1, unless existing natural conditions do not make this possible. Anti-seep collars shall be used on all pipe outlets of retention basins or ponds. There shall be a minimum of six inches of freeboard between the top of the dike and the water surface in the reservoir with the emergency spillway flowing at the 100-year design flow. The emergency spillway shall safely pass the peak flow for a 100-year frequency storm with a safe velocity of not more then 8.0 fps. The spillway is to be cut on existing ground, or other protection on the fill slope is to be provided. A minimum of 20 feet access easement shall be provided for easy ingress and egress to and from the basin. The access shall have a maximum slope of 25%. Trash guards should be installed when clogging of the outlet structure is probable. Anti-vortex devices should be used at the top of all riser pipes in retention ponds.
(9) Sanitary sewers.
(a) Sanitary sewers shall be constructed in accordance with the standard plans and specifications for sanitary sewers as prepared and adopted by the Metropolitan Sewer District.
(b) In general, sewerage works and facilities shall be designed in accordance with State Health Department requirements, and all rules and regulations of the Metropolitan Sewer District, and will be subject to State EPA approval.
(10) Water mains. Water mains, service connections and appurtenances shall meet the requirements set forth in Operation and Regulations of the City of Cincinnati Waterworks or subsequent amendments.
(11) Records. The owner or his or her engineer shall file with the City Clerk copies of the as-built drawings, corrected to show exact location, grades and necessary elevations and other pertinent data, for all structures or facilities installed under the surface of the ground, including all water and sewer mains and service connections.
(12) General. All sewer and utility pipelines shall preferably be placed outside the limits of the pavement. All excavations for public utilities made under paved areas shall be properly backfilled with approved granular materials thoroughly compacted in place.
(a) The streets shall be graded, surfaced, and improved to the dimensions as required by these Subdivision Regulations. All streets shall be graded the full width of the right-of-way. Grading for street improvements shall not create soil slopes exceeding a vertical rise of one foot for each three feet of horizontal distance unless otherwise recommended by the City Engineer and the Planning Commission.
(b) The surface of all streets shall be of Portland cement concrete or asphaltic cement. All streets shall be constructed in accordance with design characteristics at least equal to the minimum requirements of the city. The Planning Commission may require the use of heavy-duty asphalt pavement and/or special consideration of sub-grade construction in locations where large volumes of vehicles or heavyweight vehicles and truck traffic are anticipated.
(c) Prior to the construction of street pavements, adequate surface and any necessary subsurface facilities shall be installed by the subdivider.
(d) Provisions for storm drainage shall meet the requirements of division (T) of this section.
(e) All construction shall be completed in accordance with the approved specifications, and in a manner acceptable to the city authorities having jurisdiction. When changes from the accepted plans and specifications become necessary during construction, written approval from the Zoning Enforcement Officer shall be secured prior to the execution of such changes.
(Q) Curbs and gutters.
(1) Concrete curb and gutter shall be provided along the outside edge of all street pavements.
(2) Curbs and gutters shall be installed by the subdivider in compliance with the specifications of the city. Straight curbs shall be required along all road classification pavements.
(3) Curbs shall be concrete and designed and constructed in accordance with ODOT Item 609.04, as approved by the City Engineer and Zoning Enforcement Officer.
(R) Sewage disposal.
(1) Where a public sanitary sewer main is reasonably accessible, in the judgment of the Metropolitan Sewer District, the subdivision shall be provided with a complete sanitary sewer system connected with such sewer main, including a lateral connection for each lot.
(2) On-site sewage facilities shall be prohibited within any minor or major subdivision.
(3) The subdivider shall furnish the Planning Commission a complete set of plans and profiles as approved by the various authorities having jurisdiction and shall provide proof of approval by the Hamilton County Health Department.
(S) Water supply.
(1) The developer shall install or cause to be installed a public water system the complies with the following:
(a) A complete water main system which shall be connected to a public or other community water supply shall meet the requirements of the State of Ohio or other government authority having jurisdiction, and shall be approved by the City Engineer, the Zoning Enforcement Officer and the Planning Commission.
(b) The plans for the complete installation shall show size, location, depth, material and all connections thereto, including fire hydrants and valves.
(c) The subdivider shall furnish the Commission a complete set of plans and profiles as approved by the City Engineer and Zoning Enforcement Officer.
(d) In all instances, fire hydrants shall be spaced a maximum of 400 feet apart.
(e) No water main shall be less than eight inches in diameter with smaller mains being permitted with the approval of the City Engineer and Planning Commission, larger mains will be required where determined necessary by the City Engineer, Zoning Enforcement Officer and the Planning Commission.
(f) A water main shall be required to extend across the complete frontage of the subdivision to facilitate future development.
(2) On-site water production systems and facilities shall be prohibited within any minor or major subdivision.
(T) Storm drainage.
(1) Adequate surface and subsurface drainage ways for the removal of storm water shall be provided by the subdivider. The extent to which storm drainage facilities shall be required shall be based upon an analysis of need prepared for the subdivider by a registered professional engineer. The analysis shall be based upon the rational method of computing storm water runoff for areas up to 640 acres. For areas over 640 acres, appropriate SCS methods as approved by the City Engineer shall be used. Times of concentration, soil infiltration rates and other variable factors to be used in the analysis shall be discussed with and approved by the City Engineer during the preliminary consideration of the subdivision.
(2) A storm water sewer system, which shall be separate and independent of the sanitary sewer system, with surface inlets, shall be provided by the subdivider in all cases where curb and gutter is to be installed and whenever the available evidence indicates that such a system is necessary due to the inadequacy of the natural surface drainage.
(3) All drainage of non-sanitary water, including sump pumping, roof drains, drain tiles and so on shall be approved by the City Engineer.
(a) The developer, subdivider or builder shall provide as a part of the plans and specifications for any structure or development, a proposal and recommendation for the proper discharge of basement and/or foundation drainage. The recommendations shall meet the requirements of the City Engineer and the Zoning Enforcement Officer. Final approval shall be made by the Planning Commission.
(b) Under no circumstances will the subdivider, developer, builder or occupant be permitted to discharge such drainage onto any street, alley, sidewalk or other public right-of-way.
(4) To ensure proper drainage right-of-way width, the following requirements shall be incorporated in the plat:
(a) Drainage easements shall have a width adequate to include the bottom width of the stream plus side slopes not steeper than three feet horizontal to one foot vertical.
(b) Pipe used for drainage purposes shall be in accordance with the standard specifications of the State of Ohio Department of Transportation, Division of Highways, as approved by the City Engineer and Zoning Enforcement Officer.
(5) The plans for the complete installation of the storm drainage system showing all locations, materials, size and profiles shall be prepared by a registered engineer at the expense of the subdivider or developer and shall be approved by and meet the requirements of the State of Ohio or other government agency having jurisdiction, and shall be approved by the City Engineer, Zoning Enforcement Officer and the Planning Commission.
(6) All storm drainage grates shall be constructed to allow bicycles to pass over the grate safely.
(7) Storm drainage flow lines as indicated on the preliminary and final plats shall be clearly identified and protected by restrictive covenants, homeowners associations, deed restrictions or other appropriate mechanisms to ensure that individual properties maintain required drainage ways.
(8) The subdivider shall furnish the Planning Commission a complete set of plans and profiles as approved by the various authorities.
(U) Public utilities and underground facilities.
(1) Public and common underground electric, cable, and telephone lines and other utilities are mandatory in all residential, office, commercial and industrial subdivisions and districts, and shall be placed in their own easement, shown on the final or record plat. These underground utility requirements shall also apply to any lines required to serve the new development that extend outside the boundary of the development. The conduits or cables shall be located within easements or public rights-of-way in separate trenches, in a manner which will not conflict with other underground services.
(2) In industrial subdivisions where the electric power provider 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 approval by the Planning Commission. Should the Planning Commission approve an 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.
(3) Where cable and television service or conduit is or will be in operation, the subdivider shall install cable or conduit for such service simultaneously with and in the same manner as electric and telephone cables are installed, both within the right-of-way and to individual building connections.
(4) All excavations for public utilities made under paved areas shall be properly backfilled with approved granular materials thoroughly compacted in place, subject to the approval of the City Engineer.
(5) All storm drainage grates shall be constructed to allow bicycles to pass over the grate safely and shall have the words "No Dumping Drains to Stream", or similar, cast into the grate.
(V) Street lighting.
(1) Provisions shall be made by the subdivider for the adequate installation of the lighting of public streets within the subdivision. The proposed street lights shall fully meet all standards and requirements of the city.
(2) Street lights shall be, unless otherwise approved by the Planning Commission, served by underground wiring.
(3) Decorative street light fixtures shall be chosen from a list of fixtures approved and on file by the Planning Commission. Upon a detailed request by the applicant, the Planning Commission may approve street light fixtures not on file with the city on a case-by-case basis. A plan for street lights shall be reflected on and made a part of the construction drawings. All street lights shall be maintained by the power company unless private maintenance is permanently provided as guaranteed by a legally recorded document submitted to and approved by the Planning Commission.
(W) Street signs.
(1) Appropriate street names shall be provided by the city. The subdivider shall install the standard Silverton street sign model and color as instructed by the city at all street intersections. The timing of the sign installations shall be directed by the city.
(2) Street signs shall be of the same material, design and color as other street signs in the city unless otherwise permitted by the Planning Commission.
(3) Street signs and names shall not be duplicated nor closely approximate any existing street name in the city, except the extension of an existing street.
(X) Mailboxes. All mailboxes within any subdivision shall be of a uniform size and design throughout the development. The size and design of the mailboxes shall be approved by the Planning Commission during the preliminary plat review stage.
(Y) Landscape development.
(1) All unpaved or otherwise unimproved areas within the public right-of-way, or public use areas, shall be graded and seeded in an approved manner.
(2) The subdivider shall take necessary steps to prevent silting and erosion during construction to meet the standards of the Ohio Environmental Protection Agency (OEPA).
(3) A landscape plan shall be provided with all subdivision applications.
(4) Adequate landscaping shall be provided between the subdivision and other noncompatible uses according to the landscaping and bufferyard requirements section.
(5) The developer shall provide an attractively landscaped entrance into the development with identification signage and landscaping.
(6) All new residential lots shall have an appropriate cover of undisturbed existing vegetation, seed and straw, fresh-cut sod or spot sod within three months from the issuance of the certificate of occupancy for the new residential structure.
(7) The developer shall plant first-class nursery grade street trees, with not less than a three-inch caliper, every 25 feet on both sides of the street. At the time of planting, the minimum tree size shall be a three-inch caliper. Existing trees that are properly located may be used in lieu of required trees. All tree-planting plans may be modified and/or approved by the Planning Commission. Street trees located within a center median of any private or public roadway shall have a water service line extended to the median and the city's typical water spigot and lock system installed for the purposes of adequate water supply for tree maintenance.
(8) Payments in lieu of tree planting.
(a) The Planning Commission may permit the developer to completely or partially elect out of the tree planting requirement stated above by making a park development payment in lieu of tree plantings. Said election must be requested for in writing by the developer and state the reasons such modification from the 25-foot tree planting requirement should be considered.
(b) If the Planning Commission permits the developer to proceed under this option, the payment in lieu of tree plantings shall be $50 per tree, based upon the total number of trees required to be planted under this section. Payment must be made to the city prior to the final record plat being placed on the City Council agenda for final consideration. Each payment shall only account for the required trees contained within the subdivided section being considered for recordation as indicated on the final record plat. All payments made under this division shall be earmarked for the exclusive use of developing and maintaining municipal park facilities.
(c) The developer shall provide the city with a suitable bond or letter of credit for the maintenance of all street trees planted within any public right-of-way areas within the project area. The bond or letter of credit shall be in an amount of full replacement value for all vegetation planted including removal and installation costs. The bond or letter of credit shall be in effect for 24 months beginning from the day of planting of the vegetation.
(9) Streetscape improvements.
(a) If the proposed major or minor subdivision is located within an area of the city included in the adopted Silverton Streetscape Plan, the developer shall be required to install improvements along the public street area of the subject site that conform to the city's Streetscape Plan. These items may include pavers, sidewalks, street trees, street lighting and planters consistent with the specifications found in the Streetscape Plan.
(b) The Planning Commission may permit the developer to make a streetscape improvement payment-in-lieu request where one or all of the required streetscape improvements are deemed to be premature relative to adjacent property development or the status of the overall streetscape construction phasing. In this event, the city shall transfer these monies to the Streetscape Improvement Fund and hold the funds for no more than five years. The monies placed in this fund shall be used exclusively for streetscape improvements benefitting the applicant's property. If the streetscape improvements are not made within the five-year period, the city shall promptly return those remaining streetscape improvement funds to the development.
(Z) Monuments and markers.
(1) Permanent monuments shall be set at locations required by the City Engineer and the Zoning Enforcement Officer.
(2) Monuments similar and equal to those required by the Hamilton County Engineers office shall be provided and installed by the subdivider.
(3) Markers shall consist of galvanized steel, iron pipe, or steel bars at least 24 inches in length and 5/8-inch in outside diameter.
(4) Monuments and markers shall be provided by the subdivider and so placed that the center point shall coincide with the intersection of lines to be marked and the top level with the surface of the surrounding ground after final grading.
(AA) Privately developed facilities. No major or minor 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. Where the subdivision is to contain sewers, sewage treatment facilities, water supply systems, park areas or other physical facilities which will not be maintained by existing public agencies, the same shall be designed and built according to the city's, or where applicable, the county's prevailing design standards. The Planning Commission may waive those public improvement standards for minor subdivision improvements on a case per case basis.
(BB) Soil erosion and sediment control standards.
(1) These regulations establish technically feasible and economically reasonable standards to achieve a level of subdivision design and construction to minimize damage to property, degradation of natural resources, and to promote and maintain the health, safety and general well-being of all life and inhabitants of the city. Further, these regulations promote development while keeping downstream flooding, erosion and sedimentation at existing levels, and reduce damage to receiving streams and drainage systems which may be caused by impairment of their capacity, which may be caused by sedimentation.
(2) Construction site erosion and sediment control.
(a) No person shall cause or allow earth-disturbing activities, land clearing, grading, excavating or filling except in compliance with the performance criteria set out in division (BB)(3) of this section.
(b) Erosion and sediment control practices used to satisfy the performance criteria shall meet the standards and specifications in the current edition of The Rainwater and Land Development handbook (a copy of this may be obtained from Hamilton County Soil and Water Conservation District).
(c) The performance criteria are general guidelines and shall not limit the right of the city to impose additional, more stringent requirements, nor shall the criteria limit the right of the city to waive individual requirements.
(3) Performance criteria.
(a) Sediment control practices shall be functional throughout earth-disturbing activity. Settling facilities, sediment barriers, and other practices intended to trap sediment shall be implemented as the first step of grading and within seven days from the start of grubbing. They shall continue to function until the up-slope development area is restabilized.
(b) Denuded areas shall have soil stabilization applied within seven days if they are to remain dormant (undisturbed) for more than 45 days. Permanent or temporary soil stabilization shall be applied to denuded areas within seven days after final grade is reached on any portion of the site, and shall also be applied within seven days to denuded areas which may not be at final grade, but will remain dormant longer than 45 days.
(c) Concentrated storm water runoff from denuded areas flowing at rates which exceed the design capacity of sediment barriers shall pass through a sediment-settling facility. The facilities storage capacity shall be 133 cubic yards per acre of drainage area.
(d) Sheet flow runoff from denuded areas shall be intercepted by sediment barriers. Sediment barriers, such as sediment fences or diversions directing runoff to settling facilities, shall protect adjacent properties and water resources from sediment transported by sheet flow.
(e) All storm sewer inlets which accept storm water runoff from the development area shall be protected so that sediment-laden water will not enter the storm sewer system without first being treated to remove sediment, unless the storm sewer system drains to a settling facility.
(f) Streams, including bed and banks, shall be restabilized immediately after in-channel work is completed, interrupted, or stopped. To the extent practicable, construction vehicles shall be kept out of streams. Where in-channel work is necessary, precautions shall be taken to stabilize the work area during construction to minimize erosion.
(g) If a live (wet) stream must be crossed by construction vehicles regularly during construction, a temporary stream crossing shall be provided.
(h) Measures shall be taken to prevent soil transport onto surfaces where runoff is not checked by sediment controls or onto public roads.
(i) No soil, rock, debris, or any other material shall be dumped or placed into a water resource or into such proximity that it may readily slough, slip, or erode into a water resource, unless such dumping or placing is authorized by the Hamilton County Soil and Water Conservation District, and when applicable, the U.S. Army Corps of Engineers, for such purposes as but not limited to construction of bridges, culverts, and erosion control structures.
(j) Unstable soils prone to slipping or landslides shall not be graded, excavated, filled or have loads imposed upon them unless the work is done in accordance with a qualified professional engineer's recommendation to correct, eliminate, or adequately address such problems.
(k) Cut and fill slopes shall be designed and constructed in a manner which will minimize erosion. Consideration shall be given to the length and steepness of the slope, soil type, up-slope drainage area, groundwater conditions, and slope stabilization.
(l) Outfalls and constructed or modified channels shall be designed and constructed to withstand the expected velocity of flow from a post-development, 25-year frequency storm without eroding.
(m) Permanent vegetative cover shall be established on denuded areas not otherwise permanently stabilized. Permanent vegetation shall not be considered established until ground cover is achieved which, in the opinion of the city, provides adequate cover and is mature enough to control soil erosion satisfactorily and to survive adverse weather conditions.
(n) All temporary erosion and sediment control practices shall be removed or permanently stabilized within 30 days after final site stabilization is achieved, or after the temporary practices are no longer needed, unless otherwise authorized by the city.
(o) All temporary and permanent erosion and sediment control practices shall be designed and constructed to minimize maintenance requirements. They shall be maintained and repaired as needed to assure continued performance of their intended function. The person or entity responsible for the continued maintenance of permanent erosion controls shall be identified to the satisfaction of the city.
(4) Administration; Soil Erosion Sediment Control (SESC) Plan content. In compliance with division (BB)(2) and (BB)(3) of this section, a SESC plan shall identify potential erosion and sediment pollution problems from the development area and describe measures to be taken to control those problems. The SESC plan must be submitted to and approved by and a permit shall be obtained from the Ohio Environmental Protection Agency prior to any earth-disturbing activity on the development area. The SESC plan shall contain the following information:
(a) Narrative. The following narrative shall be included on the site plans in the form of notes:
1. The schedule of major construction operations as related to implementing erosion and sediment control practices;
2. Maintenance requirements for temporary erosion and sediment control practice:
a. Sediment levels necessitating clean-out; and
b. Person to perform maintenance.
3. The name, address and telephone number of the SESC plan designer and the owner or person(s) responsible for the development area.
(b) Site plan.
1. Vicinity map at a scale of not less than 2,000 feet to the inch, locating the site in relation to the surrounding area;
2. Limits of earth-disturbing activity;
3. Existing and proposed topography shown in appropriate contour intervals;
4. Existing and proposed drainage patterns including watershed lines, directions of flow and watershed acreage. Drainage patterns during major phases of construction shall also be included as appropriate;
5. The types of soils within or affected by the development area and the location of all highly erodible or unstable soils;
6. Erosion and sediment control practices:
a. Their location;
b. Settling ponds drawn to scale with basic dimensions; and
c. Detail-drawings of structural control-practices.
7. Proposed utilities which may affect erosion and sediment control practices.
(5) Inspection and enforcement actions. The City Engineer shall inspect any permitted development area to determine compliance with the approved plan and these regulations. When it is determined that there is a violation or the development area is not in compliance the following procedure shall be followed:
(a) The inspector representing the city shall notify the site superintendent of the violation and the work required to be in compliance with the approved plan and these regulations. Notification will be in writing.
(b) If the violation still exists, the issue may be reported to the City Engineer for consideration. If the City Engineer determines that a violation exists one or all of the following options may be pursued:
1. The SESC permit may be revoked. No earth-disturbing activity shall proceed without a SESC permit.
2. An injunction or other appropriate relief may be sought through a court of competent jurisdiction.
(6) The inability to perform any of the inspection and enforcement procedures as defined in this section shall not preclude the use of any other procedure, nor shall the procedure be binding in cases of severe hazard or threat to public welfare as determined by the city.
(CC) Hillside development regulations. These regulations apply to all hillside areas in the city. A hillside area as referred to herein is defined as one with an average slope of more than 15%. The subdivider shall submit sufficient detailed information as to geologic conditions, soil types, and underground water level in order that a determination can be made by the City Engineer as to the safety of development of the particular location.
(1) Determination of average slope. The average slope for any hillside development shall be determined by the Planning Commission from the preliminary subdivision submittal. Determination will be on area-by-area basis with each lot sized according to the average topographic change falling within each area.
(2) Grading plan and controls. The overall development plan shall show contour lines at two-foot intervals. Elevations are to be based on the sea level datum (U.S.G.S.), with conversions shown to local datum. The lot layout and the approximate dimensions shall be shown for each lot and each building site. Where pads are utilized or proposed for building sites, engineering data shall show the existing topography and the proposed finished grades, location and size of each building site, and finished grade of streets prior to consideration of the final record plat.
(3) Cuts and fills. No land shall be graded, cut, or filled so as to create a slope exceeding a vertical rise of one-foot for each three feet of horizontal distance between abutting lots, unless a wall of sufficient height and thickness is provided to retain the graded bank. Major cuts, excavation, grading, and filling, where the same materially changes the site and its relationship with the surrounding areas or materially affects such areas, shall not be permitted if such excavation, grading, and filling will result in a slope exceeding a vertical rise of one-foot for each three feet of horizontal distance between abutting lots or between adjoining tracts of land, except where adequate provision is made to prevent slides and erosion by cribbing and retaining walls.
(4) Compaction of fill. All fill shall be compacted to a density of 90% or greater in accordance with ASTM D-6-98. Inspection of fill shall be conducted by the City Engineer.
(5) Retaining walls. Retaining walls may be required whenever topographic conditions warrant. Retaining walls shall be designed in accordance with currently accepted design practices and approved by the City Engineer.
(6) Minimum design requirements. Minimum front yard, rear yard, side yard, and setback requirements shall be in accordance with specifications as set forth by the zoning regulations of the applicable political subdivision. Minimum right-of-way and pavement widths shall conform to the street design standards as stated in this section.
(7) Street alignment. The following regulations shall govern street alignment:
(a) Vertical profile grades shall be connected by vertical curves;
(b) Waiver of visibility requirements may be given subject to the approval of the Planning Commission and the City Engineer; and,
(c) Waiver of vertical curve requirements may be given subject to the approval of the Planning Commission and the City Engineer.
(8) Driveways. The maximum grade on driveways shall not exceed 10% to the street.
(9) Sidewalks. Concrete sidewalks having a minimum width of five feet and having a minimum thickness of five inches shall be installed along the uphill side.
(10) Conservation easement required. Those areas within a hillside development exceeding a 15% slope and not containing a building footprint shall designate those non-building areas to be a non-disturbance area. A conservation easement requiring no permanent structures be constructed in this area and no removal of existing vegetation shall be recorded with the final record plat to preserve these areas in perpetuity as non-disturbance zones.
(DD) Construction clean up requirements. The subdivider and all contractors working within the project shall maintain any adjacent public street free and clear of mud, dust and debris originating from the project site. Clean up activities shall be provided on a daily basis if necessary to avoid the movement of dirt, mud and other debris onto adjacent public right-of-way areas. A construction clean-off area shall be provided on the project site and indicated on the construction drawing submission identifying a designated area for construction vehicles and other equipment to be cleaned prior to entering adjacent public right-of-way areas. The failure to properly maintain the adjacent public right-of-way areas in a clean and orderly fashion may result in a violation of these Subdivision Regulations.
(EE) Notification; inspections. During the course of the construction of the improvements, the subdivider shall be required to notify the City Engineer at least 24 hours before each of the following operations in order that required inspections can be made:
(1) All street subgrades, especially areas where compacted backfilling was placed over subterranean construction, and curb and gutter construction before base material is deposited in place.
(2) The base construction before pavement is placed on the base material. It is essential that these inspections be made in order for the city to ascertain the quality of construction preliminary to accepting the improvements for public maintenance. Additional inspections may be required by the City Engineer. The subdivider shall pay a fee for all required inspection. Before Council accepts streets and improvements, all applicable fees shall have been paid to the city.
(FF) Completed construction notification. When the subdivider has completed construction of the improvements, he shall notify the City Engineer by letter, in two copies, and formally request a final inspection. In this letter, the subdivider shall briefly describe all the improvements and shall enclose two copies of the subdivision plan which show these improvements as installed.
(GG) Recommendation for acceptance. Before acceptance of subdivision improvements, the City Engineer shall inspect these improvements as described above and submit a report to Council on the condition of such improvements and a recommendation for action thereon.
(HH) Notification of inspection results. No later than seven days after the final inspection of the subdivision improvements, the City Engineer shall notify the subdivider in writing of the results of the inspection.
(II) Final plat restrictions and covenants. Each final plat submitted to the City Council for approval shall contain statements in the restrictive covenants providing for the following items:
(1) All utility easements as dedicated on the face of the plat shall be kept free of all permanent structures and the removal of any obstructions such as structures, trees, shrubbery, fences or other installations thereon, whether temporary or permanent, by a utility company, shall in no way obligate the utility company in damages or to restore the obstruction to its original form.
(2) Before any lot or tract located within the subdivision may be used and occupied, such user or occupier shall first obtain from the Zoning Enforcement Officer the zoning permit required by the Zoning Code.
(3) Before any house or building on any lot or tract in the subdivision shall be used and occupied as a dwelling or as otherwise provided in the subdivision restrictions, the developer or any subsequent owner of such lot or tract shall install all improvements serving the lot or tract as provided in the plans and specifications filed with the Planning Commission.
(4) Before any house or building on any lot or fraction thereof in the subdivision shall be used or occupied as a dwelling or as otherwise provided in these Subdivision Regulations and the Zoning Code, the developer or any subsequent owner of the lot or tract shall first obtain from the Zoning Enforcement Officer the zoning permit as required by the Zoning Code.
(5) The further subdivision of any lot or combination of lots, within the subdivision previously approved by the Planning Commission, is prohibited, unless and until the Commission has reviewed and approved the change.
(JJ) Certification forms for plat recording. To entitle a final plat to be recorded, such certificates as required by law shall be lettered or printed on the final plat. This chapter lists certain certificates, some of which shall be placed on every plat, other certificates are optional and serve as a guide only.
(1) Deed of dedication. Each final plat submitted to the Planning Commission for approval shall carry a deed of dedication in substantially the following form:
Deed of Dedication We, the undersigned (name), owners of the real estate shown and prescribed herein, do hereby certify that we have laid off, platted and subdivided, and do hereby lay off, plat and subdivide, said real estate in accordance within plat. This subdivision shall be known and designated as (name), an addition to (name). All streets, alleys, parks and other public lands shown and not heretofore dedicated, are hereby dedicated, to the public. Front and side yard building setback lines are hereby established as shown on this plat, between which lines and the property lines of the street, there shall be erected or maintained no building or structures. Witness our Hands and Seals this day of, (Year) State of Ohio ) County of Hamilton ) City of Silverton ) Before me, the undersigned Notary Public, in and for the City, County, and State, personally appeared (name), (name), and each separately and severally acknowledged the execution of the foregoing instrument as his or her voluntary act and deed; for the purposes therein expressed. Witness my hand and Notarial Seal this day of, (Year) Notary Public |
(2) Survey certification. Each final plat submitted to the Planning Commission for approval shall carry a certificate signed by a registered professional engineer or land surveyor in substantially the following form:
APPROVED LAND SURVEYOR (OR PROFESSIONAL ENGINEER) OF THE STATE OF OHIO I, (
name), hereby certify that I am a professional engineer (or a registered land surveyor), licensed in compliance with the laws of the State of Ohio; that this plat correctly represents a survey completed by me on (date); that all the monuments shown thereon actually exist; and that their location, size, type and material are accurately shown, (SEAL) Land Surveyor (or Professional Engineer) |
(3) Approval of Zoning Enforcement Officer. Each final plat submitted to the City Council for approval shall carry a certificate to be signed by the Zoning Enforcement Officer in substantially the following form:
APPROVED ZONING ENFORCEMENT OFFICER OF SILVERTON, OHIO Zoning Enforcement Officer This day of, (
Year) |
(4) Approval of City Engineer. Each final plat submitted to the City Council for approval shall carry a certificate to be signed by the City Engineer in substantially the following form:
APPROVED CITY ENGINEER OF SILVERTON, OHIO City Engineer This day of, (
Year) |
(5) Approval of Planning Commission. Each final plat submitted to the City Council for approval shall carry a certificate to be signed by the Secretary of the Planning Commission in substantially the following form:
APPROVED PLANNING COMMISSION OF SILVERTON, OHIO Secretary This day of, (
Year) |
(6) Council certification. Each final plat submitted to the City Council shall carry a certificate to be signed by the City Clerk in substantially the following form:
APPROVED COUNCIL OF SILVERTON, OHIO City Clerk This day of, (
Year) |
(7) Approval of Hamilton County Sanitary Engineer. Each final plat submitted to the City Council for approval shall carry a certificate to be signed by the Hamilton County Sanitary Engineer in substantially the following form:
APPROVED HAMILTON COUNTY SANITARY ENGINEER Engineer This day of, (
Year) |
(8) EPA or County Health approval. Each final plat submitted to the City Council for approval shall carry a certificate to be signed by the appropriate official of the Ohio Environmental Protection Agency in substantially the following form:
APPROVED OHIO ENVIRONMENTAL PROTECTION AGENCY This day of, (
Year) |
NOTE: If septic tanks are involved, certification shall be by the health department of the county of jurisdiction.
(KK) Developer performance bond. Each final record plat submitted to Council for approval shall be accompanied by a performance bond agreement on a form provided by the City Engineer. The performance bond agreement shall be signed by the subdivider or developer.
(LL) Certificate of occupancy. No building certificate of occupancy shall be issued by the Chief Building Official for the city for the occupancy of any building, structure or improvement to the land or any lot within a subdivision as defined herein, which has been approved for platting or replatting, until all subdivision plans have been approved, the final plat recorded, the zoning requirements met, and the performance bond posted to guarantee installation of all the required improvements.
(MM) Right-of-way permit required. 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 such violation shall constitute a separate offense. Applications for such driveway approach/curb cut permits shall be made at the City Engineer's office, according to the application procedures in this section. The City Engineer or his or her designate may require such construction plans or drawings with the permit application as he deems necessary to:
(1) Permit all reviewing authorities to make an intelligent and conclusive review of the application;
(2) Enable the contractor to construct the proposed facility in accordance with the terms of the permit;
(3) Enable the individual responsible for inspection to ensure that the facility is constructed in accordance with the terms of the permit; and
(4) Serve as a record of the construction authorized by the permit.
(NN) Right-of-way permit and fees. If 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 such permit. The fees shall be established and amended from time to time by City Council.
(OO) Conditions. 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:
(1) Limitations of the number, size and location of driveway approaches/curb cuts for any premises to which the permit applies;
(2) 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 such 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;
(3) 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;
(4) Requiring that driveway approaches/curb cuts be marked and/or constructed to allow only entrance to or only exit from the permit premises;
(5) Requiring the construction of safety islands to separate two driveway approaches/curb cuts;
(6) 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. Such lanes may be permitted to be decreased, based on the physical conditions, characteristics and use of the property. Such lanes shall meet the requirements of the Silverton Construction Standards and include the appropriate traffic control devices, including, but not limited to, signals, as necessary;
(7) 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;
(8) 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 such access point to adjacent properties;
(9) 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 such new or reauthorized access point must be in compliance with all applicable sections of this regulation.
(PP) Written notice of conditions. 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.
(QQ) Performance and maintenance bond or letter of credit required.
(1) Performance guarantee. At the time of submittal of the final record plat to City Council for consideration of approval, a bond or letter of credit from the applicant or property owner to assure compliance with the conditions imposed under these Subdivision Regulations for the construction of all future public infrastructure shall be provided. The bond or letter of credit shall be in the amount of 110% of the estimated costs of the improvements. A detailed spreadsheet outlining the estimated costs of the approved public infrastructure improvements shall also be provided and approved by the City Engineer. Upon written request by the applicant, the city may permit the pro-rated reduction of the performance guarantee instrument value upon an inspection by the City Engineer documenting the project has progressed to the proposed pro-rated stage of the overall project.
(2) Maintenance guarantee. Prior to the city accepting the public improvements, maintenance bonds shall be posted by all contractors for the infrastructure improvements for which they are responsible in the subdivision approved under this chapter for the full costs of those infrastructure improvements to the subdivision developer. Unless otherwise authorized in advance by the City Council, maintenance bonds for street paving and curb and gutter installation shall be for a minimum of one year. Prior to the release of the maintenance bond after the one year maintenance period, the City Engineer shall perform a final inspection of the improvements to confirm the required condition of the improvements.
(RR) Existing driveway approaches and curb cuts. 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 permit in § 153.02(G), the existing driveway approaches/curb cuts for the premises may be reviewed in accordance with the provisions of this section.
(SS) Specific land use categories. The City Engineer may establish general conditions applicable to the construction of all driveway approaches/curb cuts for premises within specific land use categories.
(TT) Expense of interference with public facilities. 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, storm water 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 such structure as determined to be necessary by the City Engineer.
(UU) Conformance with Transportation Master Plan, Subdivision Regulations and Zoning Code. Proposed driveway approaches and curb cuts or improvements to existing driveway approaches and curb cuts shall comply with the official Transportation Master Plan as provided in the City Comprehensive Plan, the design and improvement standards under these Subdivision Regulations and with the purpose and restrictions of the Zoning Code 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, such 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.
(VV) Violation. No person, corporation or firm shall violate any condition specified by the City Engineer under this section in a driveway approach/curb cut permit. Each day of such violation shall constitute a separate offense.
(WW) Penalty for Subdivision Regulations. Whoever violates any provisions of these Subdivision Regulations shall be guilty of a minor misdemeanor and shall be fined up to a maximum of $100 for each offense. Each day's violation is a separate offense.
(Ord. 2025-10, passed 5-1-25)