Trotwood City Zoning Code
TITLE THREE
Subdivision Regulations
1107.01 TITLE.
This Title Three of the Planning and Zoning Code shall be known and may hereafter be cited and referred to as the Official Subdivision Regulations for the City of Trotwood, Ohio.
(Ord. 2-99. Passed 1-19-99.)
1107.02 PURPOSE.
The following rules and regulations are adopted in order to secure and provide for the:
(a) Proper arrangement of streets.
(b) Adequate and convenient provision of open space.
(c) Orderly and efficient subdivision of land.
(d) Preparation and recording of record plans.
(Ord. 2-99. Passed 1-19-99.)
1107.03 SCOPE; COMPLIANCE.
No land shall be subdivided without first complying with the provisions of these Official Subdivision Regulations for the City. Further, no subdivision improvements shall be permitted to be made until both preliminary and final plats, along with all required construction drawings and grading and utility plans, have been submitted to and approved by the Planning Commission and until all required bonds have been posted and accepted by Council.
(Ord. 45-08. Passed 12-15-08.)
1107.04 DEFINITIONS.
For the purposes of these Subdivision Regulations, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) “Alley” means a public or private way not more than twenty feet wide which provides secondary access to the rear or side of an abutting property.
(2) “Approving Agent” means the Planning Commission of Trotwood.
(3) “Arterial” means a street whose primary function is to move large volumes of traffic.
(4) “As Built Drawings” means a set of drawings supplied by the contractor or developer indicating the final subdivision as constructed. These drawings shall indicate all changes made during construction with respect to the construction drawings and grading; utility plans submitted with the final plat.
(5) “Block” means a parcel of land which is entirely surrounded by public highways and streets, railroad rights of way, waterways or other barriers.
(6) “Channel” means natural stream that conveys water; a ditch or channel excavated for the flow of water.
(7) “City Engineer” and “Director of Public Works” means any person, firm, or organization designated by City Council to review and advise the City concerning the proposed subdivision of land.
(8) “Clearing” means clearing, grubbing, scalping, removal of trees and stumps, and removing and disposing of all vegetation and debris within the site, and shall include the conditions resulting therefrom.
(9) “Collector” means street whose primary purpose is to conduct traffic from local or minor residential streets to an arterial.
(10) “Comprehensive Plan” the officially adopted land use plan of the City as may be amended from time to time.
(11) “Construction” means the erection, alteration, repair, renovation, demolition or removal of any building or structure; and the clearing, stripping, excavating, filling, grading and regulation of sites in connection therewith.
(12) “Covenant” means series of controls included in a record plan which acts to further regulate development within a subdivision.
(13) “Cul-de-sac” means local or minor street of relatively short length with one end open to traffic and the other end terminating in a vehicular turnaround.
(14) “Cut” means excavation; the difference between a point on the original ground and a designated point of lower elevation on the final grade. Also, the material removed in excavation.
(15) “Dead-end street” means a street temporarily having only one outlet for vehicular traffic and intended to be extended or continued in the future.
(16) “Debris” means loose refuse or earth material not suitable for use as presently situated or constituted as determined by the approving agent.
(17) “Dedication” means the granting of land by its owner for any of a number of public uses.
(18) “Deed restriction” See “Covenant.”
(19) “Developer” means any individual, subdivider, firm, association, syndicate, partnership, corporation, trust or any other legal entity commencing proceedings under these Subdivision Regulations to effect the development of land for himself or for another.
(20) “Development” means the division of land into two or more parcels, the carrying out of any building, or the making of any material, change in the use or appearance of any structure or land through activities of construction, erection or alteration.
(21) “Development area” means any contiguous area owned by one person or operated as one development unit included within the scope of these regulations, upon which earth disturbing activities are planned or underway.
(22) “Ditch” means an open channel either dug or natural for the purpose of drainage or irrigation with intermittent flow. See “Stream”, “Drainageway,” and “Grassed waterway.”
(23) “Drainageway” means an area of concentrated water flow other than a river, stream, ditch or grassed waterway.
(24) “Dumping” means the grading, pushing, piling, throwing, unloading or placing of soil, dirt, stone or other earthen material.
(25) “Dwelling” means any building or portion thereof designed or used exclusively as the residence of one or more persons, but not including tents, cabins, trailers, hotels and motels.
(26) “Dwelling unit” means a single family, two family or multi- family dwelling used by one family for cooking, living or sleeping purposes.
(27) “Earth-disturbing activity” means any grading, excavation, filling, or other alteration of the earth's surface where natural or manmade ground cover is destroyed and which may result in or contribute to erosion and sediment pollution.
(28) “Earthen material” means soil, sediment, rock, sand, gravel or organic material or residue associated with or attached to the soil.
(29) “Easement” means authorization by a property owner for the use by another, for a clearly defined purpose, of any designated part of his property.
(30) “Enforcement officer” means that person designated by the City Manager to administer and enforce the provisions contained within the official Subdivision Regulations for the City.
(31) “Erosion” means the wearing away of the land surface by running water, wind, ice or other geological agents, including such processing as gravitational creep; detachment and movement of soil or rock fragments by wind, water, ice or gravity.
A. “Accelerated erosion” means erosion much more rapid than normal, natural or geologic erosion, primarily as a result of the influence of the activities of man.
B. “Rill erosion” means an erosion process in which numerous small channels only several inches deep are formed; occurs mainly on recently disturbed soils.
C. “Sheet erosion” means the removal of a fairly uniform layer of soil from the land surface by wind or runoff.
(32) “Excavation” means any act by which earth, sand, gravel, rock or any similar material is dug into, cut, quarried, uncovered, removed, displaced, relocated or bulldozed, and the conditions resulting therefrom.
(33) “Fill” means any act by which earth, sand, gravel, rock, or any other material is placed, pushed, dumped, pulled, transported, or moved to a new location above the natural surface of the ground or on top of the stripped surface and shall include the conditions resulting therefrom. “Fill” also means the difference in elevation between a point on the original ground and a designated point of higher elevation on the final grade.
(34) “Final plat” means that map, drawing or chart on which a developer's plan of subdivision, along with applicable construction drawings, is submitted to the Planning Commission in accordance with the Official Subdivision Regulations for the City for approval, and, after the approval, filed with the County Recorder.
(35) “Finished grade” means the final grade or elevation of the ground surface conforming to the approved grading plan.
(36) “Freeboard” means the vertical distance between the design flow level of the water surface and a specific point of interest (i.e. top elevation of a detention/retention basin).
(37) “Grading” means the stripping, cutting, filling, stockpiling or any combination thereof of earth-disturbing activity inclusive of land in its cut or filled conditions.
(38) “Grassed waterway” means a broad and shallow natural course or constructed channel with erosion-resistant grasses or similar herbaceous cover and used to conduct surface water runoff.
(39) “Hazard” means any danger to public health, welfare, and safety including exposure to risk or damage to property or liability for personal injury; or risk of harm to land, air or water resulting in environmental degradation. Hazards can include but are not limited to, flooding and ponding, compaction and settling, landslides, earthquakes, toxic chemicals, radiation, fire and disease.
(40) “Improvements” means street pavement or resurfacing, curbs, gutters, sidewalks, water lines, sewer lines, storm drains, street lights, flood control and drainage facilities, utility lines, landscaping and other related matters normally associated with the development of raw land into building sites.
(41) “Landscaping” means the placement of materials such as grass, flowers, shrubs, hedges, trees, decorative walls and fences and berms improved with ground cover, within a designated area.
(42) “Loop street” means a type of local street, each end of which terminates at an intersection with the same arterial or collector street.
(43) “Lot” means a piece or parcel of land occupied or intended to be occupied by a principal building or a group of such buildings and accessory buildings, or utilized by a principal use and accessory uses thereto, together with such open space as required by the Zoning Ordinance, and having frontage on a public street or approved private street.
A. “Lot area” means that area of land contained entirely within the boundary of a lot.
B. “Lot, corner” means a lot located at the junction and abutting on two or more intersecting streets where the intersection does not exceed 135 degrees.
C. “Lot depth” means the average horizontal distance between the front and rear lot lines.
D. “Lot, double frontage” means an interior lot having frontage on two non- intersecting streets.
E. “Lot frontage” means that the distance between the side lot lines as measured by a line drawn parallel with the front lot line at a point of required minimum front yard depth as established by the setback line.
F. “Lot, interior” means a lot other than a corner lot.
G. “Lot line, front” means in the case of an interior lot, a line separating the lot from the street; and, in the case of a corner lot, a line separating the narrowest lot frontage of the lot from the street.
H. “Lot line, rear” means the lot line opposite and most distant from the front lot line.
I. “Lot line, side” means any lot line other than a front or rear lot line.
(44) “Maintenance bond” means an approved agreement by a developer or subdivider with the City in the amount of ten percent (10%) of the actual cost of all required improvements.
(45) “Minor street” means a local street whose primary function is to move traffic within residential neighborhoods.
(46) “Monument” means a permanent concrete or iron marker used to definitely establish all property lines within a plat.
(47) “Municipal Clerk” means the Municipal Clerk for the City.
(48) “Nuisance” means a public nuisance as known by common law or in equity jurisprudence.
(49) “Official Thoroughfare Plan” means that map or set of maps which establish the official right-of-way width for streets within the corporation limits of the City.
(50) “Parcel” See “Lot.”
(51) “Performance bond” means an approved agreement by a developer or subdivider with the City in the amount of the estimated construction cost necessary to guarantee completion of all required subdivision improvements in accordance with previously approved plans and specifications.
(52) “Permittee” means any person to whom a permit is issued pursuant to these Subdivision Regulations, or who is subject to inspection under it.
(53) “Person” means any individual corporation, partnership, joint venture, agency, unincorporated association, municipal corporation, county or state agency within the State, the Federal government, or any combination thereof.
(54) “Planned unit development” means a land development project which is comprehensively planned as a single entity via a unitary site plan.
(55) “Planning Commission” means that Council-appointed advisory body known as the Planning Commission for the City.
(56) “Plans” means profiles, typical cross sections, working drawings and supplemental drawings of site, grading, drainage and runoff and sedimentation control plans, vicinity map, soil map and other plans as approved or exact reproductions thereof, which show the location, character, dimensions and details of the work with the information/data required and identified within the Subdivision Regulations.
(57) “Pollution” means the man-induced alteration of the chemical, physical and biological integrity of air and water resources.
(58) “Preliminary plat” means a proposed layout of a tract of land which has been submitted by a developer or subdivider to the Planning Commission for approval.
(59) “Public way” means an alley, avenue, boulevard, bridge, channel, ditch, easement, expressway, freeway, highway, land, parkway, right of way, road, sidewalk, street, subway, tunnel, viaduct, walkway, bikeway or other ways in which members of the general public or a public entity have a right, or which are dedicated, whether improved or not.
(60) “Right-of-way” means a strip of land taken or dedicated for use as a public way. In addition to the roadway, the right of way normally includes curbs, gutters, sidewalks, lawn strips, and lighting utilities and drainage facilities.
(61) “Runoff” means the portion of rainfall, melted snow or irrigation water that flows across the ground surface and eventually is returned to streams.
A. “Accelerated runoff” means increased rate and volume of runoff due to less permeable surface primarily caused by urbanization.
B. “Peak rate of runoff”' means the maximum rate of runoff for Type II distribution, 24-hour duration storm of a given frequency, as defined by the Soil Conservation Service.
(62) “Sediment” means solid material, both mineral and organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water, gravity or ice, and has come to rest on the earth's surface either above or below water.
(63) “Sediment pollution” means failure to use management or conservation practices to abate wind or water erosion of the soil or to abate the degradation of waters by soil sediment in conjunction with land grading, excavating, filling or other soil-disturbing activities on land used within the scope of provisions as described in these Subdivision Regulations.
(64) “Service road” means a minor street which is both adjacent and parallel to an arterial, and, which provides access to abutting properties while affording protection from major amounts of through traffic.
(65) “Setback line” means the closest point at which a building or structure may be placed in relation to a lot line.
(66) “Sidewalk” means an improved public way, five feet or more in width, for pedestrian use only, whether along the side of the road or not.
(67) “Site” means any lot or parcel of land or a series of lots or parcels of land adjoining or contiguous or joined together under one ownership where clearing, stripping, grading or excavating is performed.
(68) “Sketch plan” means a concept drawing which has been prepared by a developer or subdivider prior to his or her submission of a preliminary plat to the Planning Commission.
(69) “Slope” means the face of an embankment or cut section; any ground whose surface makes an angle with the plane of the horizon. Slopes are usually expressed in a percentage based upon vertical difference in feet per 100 feet of horizontal distance.
(70) “Sloughing” means a downward movement of an extended layer of soil over a slope frequently resulting from the undermining action of surface water runoff or the earth-disturbing activity of man.
(71) “Soil” means all earthen material that overlies bedrock, and may include the decomposed zone of bedrock which can be readily excavated by mechanical equipment.
(72) “Soil loss” means soil moved from one location by the forces of erosion, and redeposited at another location.
(73) “Steep slope” means a slope over fifteen percent (15%) grade, which is characterized by increased runoff, erosion and sediment hazards.
(74) “Storm frequency” means the average period of time in years within which a storm of a given duration and intensity can be expected to be equaled or exceeded.
(75) “Stream” means a body of water running or flowing on the earth's surface or channel in which such flow occurs. Flow is continuous or seasonally intermittent.
(76) “Stripping” means any activity which removes or significantly disturbs the vegetative surface cover.
(77) “Subdivider” See “ Developer.”
(78) “Subdivision” means the division or redivision of a lot, tract or parcel of land by any means into two lots, tracts, parcels or other division of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, transfer of ownership or building or lot development.
(79) “Subsoil” means that part of the soil below the surface soil or plow layer.
(80) “Surface soil” means the uppermost part (five to eight inches) of the soil commonly stirred by tillage implements or its equivalent in uncultivated soils.
(81) “Surveyor” means any person registered to practice surveying.
(82) “Swale” means a low lying stretch of land which gathers or carries surface water runoff.
(83) “Thoroughfare,” “Street” or “Road” means an improved public right-of-way which provides a public means of access to abutting property.
(84) “Topsoil” means surface and upper surface soils which presumably are darker colored, fertile soil materials, ordinarily rich in organic matter or humus debris.
(85) “Tree” means any self-supporting, woody plant which normally grows to a mature height of at least fifteen (15) feet and normally develops an average mature spread of greater than fifteen (15) feet in southwestern Ohio.
(86) “Variance” means a deviation, owing to conditions peculiar to the property and not resulting from the action of the applicant, from the strict application of the terms of the official Subdivision Regulations for the City.
(87) “Vicinity map” means a drawing included on the final record plan which shows the relationship of the proposed subdivision or use to other nearby developments and thoroughfares.
(88) “Walkway/Bikeway” means a dedicated public way, six feet or more in width depending on the actual use of the path system, for pedestrian and nonmotorized vehicular use, whether along the side of a road or not.
(89) “Watercourse” means any natural or artificial waterway (including, but not limited to, streams, rivers, creeks, ditches, channels, canals, conduits, culverts, drains, drainageways, waterways, gullies, ravines or washes) in which waters flow in a definite direction or course, either continuously or intermittently; and including any area adjacent thereto which is subject to inundation by reason of overflow of flood water.
(90) “Yard” means a space on the same lot with a main building which is open, unoccupied and unobstructed from the ground upward.
A. “Yard, front” means an open space extending the full width of the lot between a building and the front lot line.
B. “Yard, rear” means an open space extending the full width of the lot between a building and the rear lot line. The rear yard for a corner lot is an area bounded by the side lot lines and an imaginary line on an arc of X feet (“X” being the required rear yard setback of the Zoning District of the property) from a point most distant from the front lot lines at which the side lot lines intersect.
C. “Yard, side” means an open space extending from the front yard to the rear yard between a building and the nearest side lot line.
(91) “Zoning Code” means that comprehensive set of Council-adopted regulations known as the official Zoning Code for the City.
(Ord. 45-08. Passed 12-15-08.)
1107.05 JURISDICTION.
The Official Subdivision Regulations for the City shall be applicable to all subdivisions of land within the City.
(Ord. 2-99. Passed 1-19-99.)
1107.06 CONFLICTING PROVISIONS.
The provisions of the official Subdivision Regulations for the City shall supplement any and all laws of the State, as well as those ordinances and resolutions adopted by Council. Whenever the requirements of these Subdivision Regulations conflict with the requirements of any other lawfully adopted rules, regulations, ordinances or resolutions, the most restrictive or that imposing the higher standards shall govern.
(Ord. 2-99. Passed 1-19-99.)
1109.01 PURPOSE.
The purpose of this chapter is to establish a functional and meaningful system of enforcement and administration.
(Ord. 2-99. Passed 1-19-99.)
1109.02 ENFORCING AUTHORITY.
The Planning and Zoning Administrator, or his designate, shall be responsible for enforcing the official Subdivision Regulations for the City.
(Ord. 45-08. Passed 12-15-08.)
1109.03 VARIANCES.
The following regulations shall govern the granting of variances:
(a) Where the Planning Commission finds that extraordinary and unnecessary hardship may result from strict compliance with the official Subdivision Regulations for the City due to exceptional topographic or other physical conditions, it may vary the regulations so as to relieve the hardship, provided that relief may be granted without detriment to the public interest and without impairing the intent and purpose of the Subdivision Regulations or the desirable development of the neighborhood and community. Any variance granted by the Planning Commission shall not have the effect of nullifying the intent and purpose of the Official Subdivision Regulations for the City, the Comprehensive Plan, or the official Zoning Code for the City.
(b) When granting variances or modifications, the Planning Commission may require any conditions as will, in its judgment, secure substantially the objective of the standards or requirements so varied or modified.
(Ord. 45-08. Passed 12-15-08.)
1109.04 RIGHT TO APPEAL.
(a) Any person who believes he has been aggrieved by a decision of the Zoning Administrator, the Building Inspector/Code Enforcement Officer, or the City Engineer and Director of Public Works may appeal the matter to the Planning Commission. All appeals shall be made in writing to the chairman of the Planning Commission, who will cause the matter to be placed on the agenda of the next regularly scheduled meeting of the Planning Commission. At the scheduled meeting, the Planning Commission shall either affirm, reverse or modify a decision of the Zoning Administrator, the Building Inspector/Code Enforcement Officer, or the City Engineer and Director of Public Works.
(b) Within thirty days following a decision of the Planning Commission, the decision may be appealed to Council by the aggrieved party. The appeal shall state specifically wherein it is claimed there was an error or abuse of discretion by the Planning Commission, or wherein its decision was not supported by the evidence in the record. All appeals must be made in writing to the Municipal Clerk, who will cause the matter to be placed on the agenda of the next regularly scheduled meeting of City Council. At the scheduled hearing, City Council shall either affirm or reverse or modify a decision of the Planning Commission.
(Ord. 45-08. Passed 12-15-08.)
1109.05 PLANNING COMMISSION; DUTIES.
The Planning Commission shall be primarily responsible for:
(a) Reviewing the preliminary plat submitted by a subdivider and either approving, modifying or rejecting that plan.
(b) Evaluating the recommendations of the Zoning administrator, the Building Inspector/Code Enforcement Officer, and the City Engineer and Director of Public Works, with respect to preliminary and final plats.
(c) Acting on behalf of City Council relative to the acceptance of performance and maintenance bonds.
(d) Making recommendations to City Council relative to the need for and type of amendments to the Official Subdivision Regulations for the City.
(e) Granting any variances or modifications to the official Subdivision Regulations which have been judged to be in the best interests of the general public.
(f) Acting on behalf of City Council, accepting those public improvements which have been completed in accordance with the provisions of the official Subdivision Regulations for the City, and with all other required ordinances, plans, drawings and criteria.
(Ord. 45-08. Passed 12-15-08.)
1109.06 RESPONSIBILITY OF CITY COUNCIL.
City Council shall have primary responsibility for:
(a) Amending, following a formal recommendation of the Planning Commission, the Official Subdivision Regulations.
(Ord. 45-08. Passed 12-15-08.)
1109.99 PENALTY.
The following penalties shall apply to the violation of any of the provisions of the Official Subdivision Regulations for the City:
(a) Whoever violates any rule or regulation adopted by Council for the purpose of establishing standards and requiring and securing the construction of improvements within a subdivision, or who fails to comply with any order pursuant thereto, is creating a public nuisance and the creation thereof may be enjoined and maintenance thereof may be abated by action at suit of the City or any citizen thereof. In those instances, whoever violates these regulations shall forfeit and pay not less than that as established by City Council in their fee schedule.
(b) Whoever, being the owner or agent of the owner of any land within or without the City, transfers any lot, parcel or tract of that land from or in accordance with a plat of a subdivision before that plat has been recorded in the office of the County Recorder, shall forfeit and pay the sum of not less than that as established by City Council in their fee schedule for each lot, parcel or tract of land sold.
(c) Any person who disposes of any lot or any part of a lot in a subdivision before the provisions contained within the official Subdivision Regulations for the City are complied with shall forfeit and pay the sum of not less than that as established by City Council in their fee schedule for each lot or part of a lot sold.
(Ord. 2-99. Passed 1-19-99.)
1111.01 PURPOSE.
The purpose of this chapter is to show, on a map (drawing) or series of map (drawings), those details which are necessary to enable the Planning Commission to determine whether the proposed layout of the land, as well as any required improvements, are in the best interests of the general public.
(Ord. 45-08. Passed 12-15-08.)
1111.02 PRESUBMISSION CONFERENCE.
Any person, firm or corporation who is interested in submitting a subdivision for approval shall first participate in an informal conference with either the Planning Commission or the Zoning Administrator, or both. The purpose of this important meeting shall be to: determine the nature of the proposal, and acquaint the prospective subdivider with those ordinances, plans and criteria which shall govern the future approval of all preliminary and final plats.
(Ord. 45-08. Passed 12-15-08.)
1111.03 SKETCH PLAN.
Where a proposed subdivision consists of ten or more acres, a scaled sketch plan may be required to be reviewed by the Planning Commission prior to the submission of a preliminary plat. When required, a sketch plan shall contain the following information:
(a) The location of the proposed subdivision and its relationship to any surrounding land uses and thoroughfares.
(b) A tentative layout of all proposed lots.
(c) A tentative layout of all proposed street improvements.
(d) The proposed location of all points of ingress and egress.
(e) The net density of all lots proposed to be developed for residential purposes.
(f) A statement as to the type of utilities which will serve the proposed subdivision.
(Ord. 45-08. Passed 12-15-08.)
1111.04 PRELIMINARY PLAT CONTENTS.
(a) Upon conclusion of a presubmission conference, and/or, upon conclusion of a discussion of a proposed sketch plan, a subdivider shall be entitled to submit \a preliminary plat to the Planing Commission. When submitting a preliminary plat, an applicant shall be required to pay, in order to help cover the cost of administration, a fee as provided in a fee schedule as established by City Council. Where the preliminary plat covers only apart of the subdivider’s entire contiguous holdings, a drawing of the prospective future street system of the unsubmitted part shall be furnished and the street system of the submitted part shall be considered in the light of adjustments and connection with the street system of the part not submitted.
The subdivider shall furnish the following:
(1) Preliminary plat application with the submission fee and the number of copies of the plat as directed by the Planning Commission.
(2) Vicinity map at a scale of 400 feet or more to the inch drawn on preliminary plat showing all abutting existing subdivisions and streets and unplatted parcels.
(3) Preliminary plat drawing prepared by a registered professional engineer or surveyor. The plat shall be accurately and clearly drawn at a scale no smaller than one inch equals one hundred feet (1"=100').
(b) The preliminary plat shall clearly show the following existing features and information:
(1) The proposed name of the subdivision, its location by section, town and range, by book, page and parcel number(s) and the total acreage of the proposed subdivision.
(2) Boundary lines showing bearings and distances and the method by which they were derived. If applicable, all corporation lines, section lines and township lines shall be shown.
(3) The names, addresses and telephone numbers of the owner, subdivider and professional engineer and registered surveyor who prepared the preliminary plat.
(4) North arrow, scale, date and title.
(5) The names of adjacent subdivisions, the owners of adjoining parcels, and the location of their respective boundary lines.
(6) The location, size and arrangement of all existing streets and utilities within 300 feet of the proposed subdivision.
(7) The location, width and purpose of any existing or proposed covenants, easements or other restrictions upon the use of the land or its structures.
(8) Utilities, culverts and other underground structures adjacent to the site: location, size, type and depth.
(9) The existing topography; shown by contours of the land spaced at two-foot intervals if ground slope is 10% or less and five-foot intervals if ground slope is in excess of 10% or greater.
(10) The locations of all wooded areas and/or existing trees having a circumference of twelve (12) or more inches.
(11) Water courses, rock outcropping, ponds, areas subject to flooding, wetlands and other significant natural features.
(12) Zoning District designation of the site and adjacent property.
(c) The preliminary plat shall clearly show the following proposed features and information:
(1) The location and width of any proposed street system and proposed street names, as well as an estimate of the traffic volumes expected to be generated by the proposed development as well as a traffic impact analysis based upon the proposed traffic volumes.
(2) Other right-of-ways or easements (including sanitary, water and storm sewers): location, width and purpose.
(3) The layout of proposed lots, including lot lines, lot numbers, dimensions of each lot and the estimated area of individual lots in square feet.
(4) Total site data including the total acreage, the location and total acreage of all proposed open space, number of lots, typical lot size, and overall net density of residential dwelling units proposed to be built.
(5) The location, size and layout of all proposed parking areas.
(6) The location and dimensions of all proposed sidewalks and/or walkways/ bikeways.
(7) The location and size of proposed water, sanitary waste and storm drainage facilities.
(9) A general landscape plan.
(10) Location and dimension of any buried organic debris which results from clearing and construction of the proposed development. This provision shall not authorize burial of inorganic debris, such as construction debris or other solid wastes. Disposal shall only be disposed of according to the regulations of the Ohio Environmental Protection Agency, or such other authorized agency.
(11) The proposed schedule of development for the proposed subdivision.
(d) The Planning Commission shall be required to act on a preliminary plat within sixty days after its submission.
(Ord. 45-08. Passed 12-15-08.)
1111.05 FINAL PLAT CONTENTS.
Upon approval of a preliminary plat, a developer shall file final plat with the Planning Commission. Specifically, the final plat shall be consistent with information contained within the preliminary plat, and shall address and satisfy any conditions and/or standards set forth in the approval of that plat.
(a) The subdivider shall furnish the following:
(1) Final plat with the submission fee and ten copies of the plat.
(2) Final plat drawing prepared by a registered professional surveyor. The plat shall be accurately and clearly drawn at a scale no smaller than one inch equals one hundred feet (1"=100').
(3) The final plat shall be drawn on media as specified by the Montgomery County Recorder.
(b) The final plat shall clearly show the following features and information:
(1) Show all dimensions in feet and hundredths of a foot.
(2) North the arrow, scale, date and title.
(3) Show a closed boundary which indicates an accurate survey with bearings and distances with total area indicated to the nearest thousandth of an acre.
(4) Identify the properties which constitute the totality of the subdivision by Parcel Numbers as assigned by the Montgomery County Recorder’s Office.
(5) Identify the location of the proposed subdivision by section, town and range.
(6) Identify appropriate building setback lines as required by the official Zoning Code for the City.
(7) Include witnessed and notarized signatures of the owners and mortgagees of the land.
(8) Provide for the required dedication of streets and other public areas.
(9) The name of the subdivision.
(10) The name and addresses of the owner of record, subdivider and professional engineer and registered surveyor who prepared the final plat.
(11) The accurate location and materials of all permanent reference monuments. All corners shall be marked by pins or monuments.
(12) Include certification by a registered surveyor to the effect that the final plat represents a survey made by him and that all dimensional details are correct.
(13) Include signature boxes for approval by the City Engineer and the Chairman of the Planning Commission.
(14) Include, whenever the dedication of a new or additional public right of way is required, a signature box for the Chairman of the Planning Commission which certifies that Planning Commission, acting on behalf of City Council, has formally accepted the dedication.
(15) Where a subdivision is proposed to be built within an area subject to periodic flooding, the provision of base flood elevation data shall be required.
(16) A certificate by the owner of the land to the effect that he/she has caused such land to be platted and that he/she dedicates to public use the streets, open space and other lands indicated on the plat as intended for public use.
(17) A statement that the applicant meets the Montgomery County requirements for recording plats.
(Ord. 45-08. Passed 12-15-08.)
1111.06 CONSTRUCTION DRAWINGS AND GRADING; UTILITY PLANS.
Grading and utility plans shall be required to accompany the submission of a final plat. Whenever a proposed subdivision will require public improvements, both construction drawings and grading and utility plans shall also be required to accompany the submission of a final plat. All information shall be prepared by a registered professional engineer, and shall be in full conformance with the standard drawings, design criteria and construction and materials specifications prepared by the City Engineer and Director of Public Works. In addition, the developer shall be required to submit the following information:
(a) Water, sanitary sewer and storm drainage calculations, along with a statement explaining the basis for applicable design.
(b) An estimate which details the expected cost of all required tree plantings; all public improvements such as sidewalks, curbs and gutters, street pavement, roadway excavation, storm sewers, sanitary sewers, water mains and their appurtenances; all plat and corner lot markers; and all finished lot grading. In no instance shall a final plat be released for filing until the required improvement bond has been both approved and filed with the City of Trotwood.
(Ord. 45-08. Passed 12-15-08.)
1111.07 APPROVAL OF FINAL PLAT
When a final plat is submitted, an applicant shall be required to pay, in order to help cover the cost of administration, a fee as provided by the City of Trotwood City Council. The Planning Commission shall be required to act on a final plat within ninety days after its submission. However, in those instances where substantial fill is required as protection against future flooding, the Planning Commission shall be entitled to delay its decision for a maximum 120-day period of time. When considering approval of a final plat, the Planning Commission shall base its decision on the following findings:
(a) That locations and dimensions of proposed streets, roads and parking areas will be adequate to serve the people living and/or working in the proposed subdivision.
(b) That locations and dimensions of proposed utilities will be adequate to serve the people living and/or working in the proposed subdivision.
(c) That property adjacent to the proposed subdivision will not adversely be affected.
(d) That the City Engineer finds the final plat and any required supplemental information to be in full conformance with the official Subdivision Regulations for the City. Within ninety days of the signing and approval of a final plat, the document shall be recorded with Montgomery County by the developer, in the manner provided for recording plats of subdivisions. Afterwards, the subdivider shall be responsible for returning at least two (2) copies of a properly recorded final plat to the Department of Planning and Development, one copy of which must be on durable material. Only after this has been accomplished will the City be in a position to issue or authorize the issuance of all required zoning and building permits.
(Ord. 45-08. Passed 12-15-08.)
1111.08 LOT SPLITS.
(a) Approval of a subdivision without a plat may be made by the Planning Commission, or its designate, whenever the following conditions have been met:
(1) No more than five lots are to be created after the proposed parcel has been subdivided.
(2) The proposed subdivision is located along an existing public road, and does not require any additional right-of-way dedication, or involve the opening, widening or extension of any street or road.
(3) The proposed subdivision is not contrary to the regulations contained within the official Zoning Code for the City.
(4) The property proposed to be split has been surveyed, and a sketch and legal description of the property have been submitted along with the request for the lot split.
(b) If approval is given under these provisions, the Planning Commission or its designate shall, within ten days after submission, approve the proposed division and, upon presentation of a conveyance for that parcel, shall stamp "Approved by the City of Trotwood; no plat required." A fee as provided by the City of Trotwood City Council shall be charged for each approval without plat.
(Ord. 45-08. Passed 12-15-08.)
1113.01 PURPOSE.
The purpose of this chapter is to regulate the manner in which streets, lot and other elements of a subdivision are arranged on the land.
(Ord. 2-99. Passed 1-19-99.)
1113.02 CONFORMITY.
All subdivision plans submitted for approval by the Planning Commission shall be in conformance with those provisions contained within the Comprehensive Plan, the Official Zoning Code for the City, the standard drawings, design criteria, and construction and materials specification prepared by the City Engineer and Director of Public Works, and the Official Thoroughfare Plan for City of Trotwood.
(Ord. 45-08. Passed 12-15-08.)
1113.03 SUITABILITY OF LAND.
If the land proposed to be subdivided is unsuitable for development because of flooding, poor drainage, topography, inadequate water supply or any other conditions which may either endanger the public health, safety or general welfare, or, be judged as not being in the overall best interest of the public, the Planning Commission shall not approve the land for subdivision unless adequate methods or measures are advanced by the developer for solving those problems which would be created by the proposed development.
(Ord. 45-08. Passed 12-15-08.)
1113.04 STREETS.
All streets proposed to be constructed within a new subdivision shall be designed in the following manner:
(a) Grades of proposed streets shall conform as closely as possible to the original topography.
(b) Wherever possible a proposed street shall be arranged such that adjacent building sites are at, or above, the grades of the street.
(c) Subdivisions which adjoin or include existing streets which do not conform to required street widths shall be required to dedicate additional right-of-way along either or both sides of such street, and shall construct improvements as are necessary to bring the street or streets up to the standards specified in this chapter.
(d) Dedication of new half-streets shall not be permitted.
(e) Permanent dead-end streets shall not be permitted. Temporary dead-end streets shall be permitted only as a part of a continuing street plan, only if a temporary turnaround satisfactory in design to the Planning Commission is provided, and provisions for maintenance and removal are approved.
(f) Multiple intersections involving the junctions of more than two streets shall be avoided.
(g) Streets shall be laid out so as to intersect as nearly at right angles as possible.
(h) T-intersections shall be encouraged whenever a proposed street is to intersect with a collector or arterial street.
(i) In order to further the sense of neighborhood, the development of greater numbers of loop and cul-de-sac streets shall be encouraged. In addition, grid street systems shall be encouraged where no direct connection with major arterials will occur.
(j) The distance between the centerline of offset street intersections shall not be less than 150 feet.
(k) The platting of double frontage residential lots whose rear yards face or directly abut upon a street shall be discouraged.
(1) Where double frontage lots are permitted to be established by the Planning Commission, a developer shall be required to plant a buffer area measuring a minimum of thirty feet in width between the rear property line of adjoining parcels and the edge of the future right-of-way. In those instances, provision shall be made for the construction of an approved decorative stone or brick wall measuring a minimum of four feet in height and placed so as to be immediately adjacent to the lot lines, and the placement of approved landscape materials between the wall and the edge of the future right-of-way.
(2) Whenever the Planning Commission has determined that such a combination of wall and landscape materials is not necessary, it shall require a developer to provide earth berming and an approved planting of dense evergreen trees between all rear lot lines and the edge of the future right-of-way. All such trees shall measure a minimum in-ground height of not less than eight feet and shall be spaced so as to measure a minimum distance of not more than twenty feet on center. In addition, a minimum distance of thirty (30) feet shall be maintained between the center of a tree and the corner of a street intersection, while a minimum distance of fifteen feet shall be required between the center of a tree and any fire hydrants.
(3) Under no circumstances shall a required buffer area be dedicated to the City, nor shall that area be maintained by City personnel. In those instances, title shall remain with either the developer, a homeowner's association or other responsible party. In addition, all maintenance shall be the responsibility of the property owner.
(l) Except where waivers may be approved by the Planning Commission, or unless otherwise provided in these Subdivision Regulations, all new streets shall be graded and improved with pavement, sidewalks, driveway approaches, curbs, gutters, water mains, sanitary sewers, storm sewers, fire hydrants and necessary appurtenance.
(m) Where required, a marginal access street (service road) shall contain a minimum pavement width of twenty (20) feet and shall consist of a minimum right-of-way width of fifty feet.
(n) An approved cul-de-sac shall not be permitted to exceed 800 feet in length, and shall be required to have a minimum curb radius, for the vehicular turnaround, of forty feet.
(o) All proposed streets shall be built according to the standards contained in Table 1 below.
TABLE 1
Recommended Street Standard Dimensions
STREET FUNCTIONAL CLASSIFICATION | Minimum Lane Width | Parking (1) | Minimum Sidewalk Width (2) | Bike- way (3) | Land- scape Area | Median Including Left Bay | Back/ Back Curb |
Local (Low volume) | 2 at 11' 22' | None | 2 at 5' 10' | Class III | 2 at 9 18' | None | 25' |
Local (High volume) Collector (Low volume) | 2 at 11' 22' | 1 at 9 9' | 2 at 5' 10' | Class III | 2 at 9.5 19' | None | 31' |
Collector (Medium volume) | 2 at 11' 22' | 1 at 9 9' | 2 at 5' 10' | Class II | 2 at 12.5 25' | None | 31' |
Collector (High Volume) | 4 at 11' 44' | None | 2 at 5' 10' | Class II | 2 at 8 16' | None | 44' |
Collector (Industrial/ commercial) | 4 at 11' 44' | None | 2 at 5' 10' | Class II | 2 at 8 16' | 10' Minimum (Painted) | 54' |
Minor Arterial | 4 at 12' 48' | None | 2 at 5' 10' | Class I | 2 at 8 16' | (Painted) 14' Minimum 16' Maximum | 62' - 64' |
Principal Arterial (Low volume - 4 lanes) | 4 at 12' 48' | None | 2 at 5' 10' | Class I | 2 at 8 16' | (Curbing) 14' Minimum 18' Maximum | 62' - 66' |
Principal Arterial (High volume) | 6 at 12' 72' | None | 2 at 5' 10' | Class I | 2 at 9 18' | (Curbing) 14' Minimum 20' Maximum | 86' - 92' |
1. Whenever a public thoroughfare which does not permit on-street parking has been approved City Council shall adopt a no on-street parking ordinance specific to said thoroughfare.
2. The Planning Commission shall reserve the right to modify the requirement of sidewalks on both sides of a street.
3. Class I - exclusive facility, parallel to roadway.
Class II - in buffer zone or on pavement adjacent to roadway.
Class III - share roadway with automobile.
(Ord. 45-08. Passed 12-15-08.)
1113.05 SIDEWALKS.
All sidewalks shall conform with the following requirements:
(a) Sidewalks shall be required on both sides of the street in all residential subdivisions.
(b) Public sidewalks shall be required on one or both sides of a street where commercial lots exist or are proposed for platting, dependent upon the nature of the area.
(c) Public sidewalks shall, at the discretion of the Planning Commission, be required on one or both sides of a street where industrial lots exist or are proposed for platting, dependent upon the nature of the area.
(d) The Planning Commission shall reserve the right to waive the sidewalk requirement where the improvement would either not be compatible with a surrounding or adjacent neighborhood, or would not serve the best interests of the general public.
(Ord. 45-08. Passed 12-15-08.)
1113.06 BOULEVARDS.
The Planning Commission may reserve the right to require the dedication of a landscaped boulevard median in place of additional right-of-way paving which would otherwise be used for on-street parking purposes, whenever the provision of a boulevard is required, the following dimensions shall apply:
(a) Two traffic lanes with a minimum width of fourteen feet each. (No on-street parking shall be permitted.)
(b) A fourteen-foot wide landscaped median.
(c) Two five-foot wide sidewalks.
(d) Two (2) landscaped areas:
(1) Four (4) feet apiece for sixty-foot wide rights of way; and
(2) Seven (7) feet apiece for sixty-six-foot wide rights of way.
(Ord. 45-08. Passed 12-15-08.)
1113.07 EASEMENTS.
Easements at least twenty feet in width centered along rear lot lines and ten feet in width along side lot lines shall be provided along those lot lines where it is necessary to provide for sanitary sewers, water mains, gas mains, electric lines and other services. Where it is not feasible to center an easement on a lot line, the location and width of the easement shall be approved by the City Engineer and Director of Public Works. In addition, where boulevards will be built, easements shall be provided for the purpose of meeting the street tree planting requirements of these Subdivision Regulations.
(Ord. 2-99. Passed 1-19-99.)
1113.08 BLOCKS.
The following regulations shall govern the design and layout of blocks:
(a) While block lengths of 800 through 1,000 feet are to be encouraged, no block shall be designed so as to exceed 1,200 feet in length.
(b) The arrangement of blocks shall conform with the street planning criteria as set forth in Section 1113.04.
(Ord. 45-08. Passed 12-15-08.)
1113.09 LOTS.
All proposed lots shall be platted according to the following regulations:
(a) The layout of lots shall be such that individual building sites will be properly related to both topography and the character of surrounding development.
(b) All proposed lots shall conform to or exceed the applicable schedule of minimum requirements contained within the Official Zoning Code for the City.
(c) Dimensions of corner lots shall be large enough to permit the placement of the principal building such that the minimum side yard shall not be less than the setback requirements for the front yard.
(d) The average depth of a lot shall not be more than two and one-half times its average width.
(e) Except as otherwise provided for in the official Zoning Code, no lot shall be permitted to have a depth of less than 120 feet.
(f) Each approved lot shall front on a public thoroughfare.
(g) Lots with double frontage shall be avoided except where the Planning Commission determines that it is essential to provide separation of residential development from arterial streets.
(h) All side lot lines shall be at right angles to street lines and radial to curbed street lines, except where the Planning Commission determines that a variation from this rule would provide a better layout.
(i) Those lots which are not proposed to be served by public sewer and water systems shall be required to have supporting documentation submitted which verifies that the proper operation of wells and private septic system will not be impaired.
(Ord. 45-08. Passed 12-15-08.)
1113.10 ACCESS CONTROL.
The following subsections shall act to further regulate proposed development. The Planning Commission shall limit access in the following manner:
(a) A maximum of one curb cut shall be permitted for each nonresidential lot having frontage of 199 feet or less.
(b) A maximum of two curb cuts shall be permitted for those nonresidential lots having frontage of 200 feet or more.
(c) No curb cut shall be permitted to be located within fifty feet of a street intersection. For the purposes of these regulations, the minimum curb cut distance shall be measured from the right-of-way line. However, the Planning Commission shall reserve the right, in certain instances, to require that such a distance be increased to a maximum of 100 feet.
(d) The minimum distance permitted between curb cuts on adjoining nonresidential lots shall be not less than 100 feet unless otherwise authorized by the Planning Commission.
(e) No residential commercial or industrial use shall be permitted to create a continuous curb cut or driveway along its property line.
(f) Where a marginal access street (service road) is proposed, the minimum required distance between curb cuts along the major thoroughfare being served shall be not less than 600 feet.
(Ord. 45-08. Passed 12-15-08.)
1113.11 FUTURE STREETS.
The Planning Commission shall require all future streets which are proposed to be contained within or directly abutting a new subdivision to be situated so as to be consistent with any future right-of-way locations which have previously been identified in the City's Comprehensive Plan.
(Ord. 45-08. Passed 12-15-08.)
1113.12 STREET NAMING.
For the purposes of street naming, the following suffixes shall be used:
(a) Avenue shall be used only for streets that run in a generally east-west direction.
(b) Boulevard or drive shall be used only for a large meandering type street.
(c) Circle or court shall be used only for cul-de-sac type streets that run in a generally east-west direction.
(d) Lane or place shall be used only for cul-de-sac type streets that run in a generally north-south direction.
(e) Road or way shall be used only for streets that run in a diagonal manner.
(f) Street shall be used only for thoroughfares that run in a generally north-south direction.
(g) The words north, south, east or west should be avoided as part of a street name whenever possible.
(h) Whenever a new street is constructed along the approximate alignment or extension of an existing street, its name shall be the same as that of the existing one.
(i) Whenever a cul-de-sac serves not more than three lots, the name of the intersecting street shall apply to the cul-de-sac.
(j) The proposed names of all streets shall be subject to the approval of the Planning Commission.
(Ord. 45-08. Passed 12-15-08.)
1113.13 LARGE PRIVATE PARKING LOTS.
Where a parking lot is proposed to consist of fifty or more spaces, it shall include, as a minimum, one decorative or ornamental tree for every ten parking spaces to be provided. These plantings may be placed either within the required setback area or the interior parking lot area, or both. Whenever 100 or more parking spaces will be provided, at least one-half of the required number of trees shall be placed within the interior of the parking lot. Regardless of parking lot size, the number of trees required may be planted in clusters, or may be planted in evenly spaced or staggered rows.
(Ord. 2-99. Passed 1-19-99.)
1113.14 STREET AND BUILDING ORIENTATION.
Whenever a new residential construction is proposed, the Planning Commission shall, in an effort to maximize energy savings, give priority to the approval of those plats where maximum use of east-west streets, as opposed to north-south streets, will occur. Wherever possible, residential structures should be built with their roof lines running east and west in order to permit maximum sun exposure on the south side of the dwelling unit. This orientation will ensure that generous amounts of sunlight will enter the dwelling during winter, bringing added warmth and reducing the amount of fuel needed for indoor comfort. For the same reason, glass areas should be minimized on the north, east and especially west sides of all new residential dwellings. Further, greater energy savings can be gained by encouraging the incorporation of roof overhangs into residential building design.
(Ord. 45-08. Passed 12-15-08.)
1115.01 PURPOSE.
The purpose of this chapter is to insure that all public improvements required as a result of the subdivision of land are completed in accordance with the provisions of the Official Subdivision Regulations for the City.
(Ord. 2-99. Passed 1-19-99.)
1115.02 IMPROVEMENT GUARANTEES.
In lieu of the actual installation of required public improvements, the subdivider shall provide a financial guarantee of performance in one or a combination of the following ways:
(a) Performance Bond. A performance or surety bond to cover 100% of the cost of all required improvements, as approved by the City Engineer and Director of Public Works, shall be submitted to the Zoning Administrator before a final plat will be released for filing with Montgomery County. The bond shall specify the time period in which the required improvements are to be completed, and shall be furnished through an acceptable bonding company legally authorized to do business in the State.
(b) Escrow Fund.
(1) A cash deposit or certified check sufficient to cover the cost of all required improvements, as approved by the City Engineer and Director of Public Works, shall be deposited with the Finance Director before a final plat will be released for filing with Montgomery County. The escrow deposit shall specify the time period in which the required improvements are to be completed.
(2) In the case of either cash deposits or certified checks, an agreement between City Council and the subdivider may provide for progressive payments out of the cash deposit, or reduction of the certified check to the extent of the estimated cost of the completed portion of the public improvements.
(c) Contractual Arrangements. The subdivider may elect to enter into a contract with the City for the completion of the required improvements.
(d) Maintenance Bond. Once all required improvements have been made which includes all monuments in place and the as-built drawings received and checked by the City, the subdivider shall post a maintenance bond, in the amount of ten percent (10%) of the actual costs of those improvements, with the City. The dollar amount of the maintenance bond shall be subject to the approval of the City Engineer and Director of Public Works. with regard to being an accurate reflection of actual improvement costs. Until such a bond has been posted, City Council will not be authorized to accept any improvements. The required maintenance bond shall be in effect for one year from the actual date that City Council releases the required performance bond.
(Ord. 45-08. Passed 12-15-08.)
1115.03 NON-COMPLETION OF REQUIRED IMPROVEMENTS.
In case the subdivider fails to complete the required improvements within that time period as required by the conditions of the guarantee as outlined in Section 1115.02, the City shall proceed to have the work completed and reimburse itself for the cost thereof by appropriating the cash deposit or certified check, or shall take the necessary steps to require performance by the bonding company.
(Ord. 2-99. Passed 1-19-99.)
1115.04 INSPECTIONS.
The installation of any required improvement may not proceed until the City Engineer and Director of Public Works or his designate has been notified of the subdivider's intention to proceed. The subdivider shall assume responsibility for notifying the City Engineer and Director of Public Works at least two (2) business days in advance of his intention to carry out the required improvement. In addition the subdivider shall be responsible for any fees for inspection or for any fees requiring the developer to reimburse the City for all costs associated with individual inspections.
(Ord. 2-99. Passed 1-19-99.)
1115.05 MONUMENTS.
(a) Permanent concrete monuments shall be accurately set and established at the intersections of all outside boundary lines of the subdivision. All permanent reference markers shall consist of a one inch steel rod set in and running through a concrete block at least six inches in diameter and at least thirty inches deep below finished grade. Each point where those permanent markers may be found shall be designated on the final plat.
(b) Solid iron or iron pipe monuments at least one inch in diameter and at least thirty inches long shall be placed by the surveyor at all lot corners.
(c) All monuments shall be in place before the City can accept the subdivision.
(Ord. 2-99. Passed 1-19-99.)
1115.06 STREETS.
(a) Streets shall be completed in accordance with the standard drawings, design criteria and construction and materials specifications prepared by the City Engineer and Director of Public Works.
(b) All streets shall be graded to their full width, including side slopes. The street subgrade shall be properly rolled, shaped and compacted, and shall be free of sod, vegetative or organic matter, soft clay and other objectionable materials. All street improvements shall be inspected and approved by the City Engineer and Director of Public Works.
(Ord. 2-99. Passed 1-19-99.)
1115.07 PAVEMENT.
All streets, unless otherwise approved by the Planning Commission, shall be designed in accordance with the pavement designs specified and approved by the City Engineer and Director of Public Works.
(Ord. 45-08. Passed 12-15-08.)
1115.08 STREET CURBS AND GUTTERS.
Curbs and gutters shall be required along all public streets. All curb and gutter improvements shall be completed in accordance with the standard drawings, design criteria and construction and materials specifications prepared by the City Engineer and Director of Public Works, and shall be inspected and approved by the City Engineer and Director of Public Works.
(Ord. 2-99. Passed 1-19-99.)
1115.09 SIDEWALKS.
Pedestrian-oriented improvements such as sidewalks shall be at least five feet in width, and shall be constructed in accordance with the standard drawings, design criteria and construction and materials specifications prepared by the City Engineer and Director of Public Works. All improvements shall be inspected and approved by the City Engineer and Director of Public Works.
(Ord. 2-99. Passed 1-19-99.)
1115.10 WATER SUPPLY.
(a) Within all new subdivisions proposed to be built within the City, a developer shall be required to install a complete water main system which is connected to a public water supply system. All improvements shall be constructed in accordance with the standard drawings, design criteria and construction and materials specifications prepared by the City Engineer and Director of Public Works, and shall be inspected and approved by the City Engineer and Director of Public Works and the County Sanitary Engineering Department. Water lines shall be extended across the complete road frontage of a subdivision.
(b) All plans for water distributions systems shall be reviewed and approved by the City of Dayton, the City of Trotwood, the OEPA or the County Sanitary Department as so required.
(Ord. 2-99. Passed 1-19-99.)
1115.11 FIRE HYDRANTS.
The subdivider shall provide fire hydrants within all subdivisions served by public water lines. All fire hydrants shall be located between the back of curb and individual property lines. Further, fire hydrants shall be spaced at intervals not to exceed 300 feet. All fire hydrants shall have a minimum main valve opening of five inches and shall have a four-inch pumper connection and two (2), two and one-half-inch hose connections, and shall be designed in accordance with the construction and materials specifications standards specified by the City Engineer and Director of Public Works and the County Sanitary Engineering Department.
(Ord. 2-99. Passed 1-19-99.)
1115.12 STORM DRAINAGE.
(a) Where an adequate public storm sewer is available, a developer shall be required to construct a storm sewer system and connect with that storm sewer line. All storm drainage improvements shall be constructed in accordance with the standard drawings, design criteria and construction and materials specifications prepared by the City Engineer and Director of Public Works, and shall be inspected and approved by the City Engineer and Director of Public Works.
(b) Provision for the disposition of storm water via adequate on-site and off-site underground facilities to a City-approved natural stream shall be provided. In no instance shall storm drainage, including drain tile around basements, be permitted to discharge into any sanitary sewer. Rather, it shall be required to connect to an adequate underground drainage system. In instances where an adequate public storm sewer is not available, natural drainage channels, with easements of adequate width, shall be provided. Where natural drainage channels intersect any street right of way, it shall be the responsibility of the subdivider to have satisfactory bridges or, culverts constructed. The adequacy of all proposed natural drainage systems shall be determined by the City Engineer and Director of Public Works, and approved by the Planning Commission.
(Ord. 45-08. Passed 12-15-08.)
1115.13 SANITARY SEWER.
(a) Where an adequate public sanitary sewer system is available, public sanitary sewers shall be installed to adequately serve all lots, including lateral connections to the public system. In no instance shall sanitary sewers and storm sewers be combined. All sanitary sewer improvements shall be constructed in accordance with the standard drawings, design criteria and construction and materials specifications prepared by the City Engineer and Director of Public Works and the County Sanitary Engineering Department, and shall be inspected and approved by the City Engineer and Director of Public Works and by the appropriate utility company supplying sanitary and wastewater sewer service.
(b) Where the installation of individual sewage disposal systems is considered, the suitability of the soil for individual systems, the absorptive ability of the soil, surface drainage, ground water level and topography shall be the criteria for determining whether or not the installation of individual systems is permissible. Written authorization from the City Engineer and Director of Public Works and the County General Health District must be forthcoming before the installation of individual sewage disposal systems shall be permitted.
(Ord. 2-99. Passed 1-19-99.)
1115.14 OTHER UTILITIES.
(a) All newly installed utility distribution systems, including, but not limited to, electric, telephone, communication and cable TV, shall be placed and maintained underground within approved utility easements or public rights of way. Wherever possible, underground electric lines, cable TV lines and telephone lines shall be located within the same trench. All excavations for public utilities made under paved areas shall be properly backfilled with approved granular materials thoroughly compacted in place, and the pavement shall be restored in kind.
(b) While the City shall be responsible for the installation and financing of all street lights, the subdivision developer shall be responsible for all required trenching and backfilling. Street lights shall be installed at all intersections, and within a residential subdivision shall be situated not less than 300 feet from one another. All street lighting shall be as approved by the City of Trotwood.
(Ord. 2-99. Passed 1-19-99.)
1115.15 TREE COVER AND STREET TREES.
The following regulations shall govern the retention of existing trees:
(a) All trees having a circumference (as measured four and one-half feet from the ground) of twenty-four or more inches shall, unless otherwise authorized by the Planning Commission, be preserved whenever a proposed subdivision has been submitted for approval. The Planning Commission shall have the authority, on a case by case basis, to require the preservation of trees with a smaller diameter where necessary.
(b) In order to better protect trees and their respective root systems from possible damage during the construction of a subdivision, no blacktop or concrete shall be poured, within five (5) feet of the base of all trees having a circumference of less than thirty-six inches. Similarly, no blacktop or concrete shall be poured within four (4) feet of the base of all trees having a circumference of between thirty-six and fifty-nine inches; ten (10) feet of the base of all trees having a circumference of between sixty and eighty-three inches; and fifteen (15) feet of the base of all trees having a circumference of eighty-four inches or more. In addition, wooden staking or brick barriers shall completely surround such a preservation zone in order to further protect against potential harm from construction equipment. Further, no fill dirt shall be permitted to be placed within such a preservation zone in order to help prevent possible root damage. Furthermore, to protect an existing tree on a construction site, the grade should not be altered higher or lower than six inches (6") from the existing grade within the dripline of the tree. The dripline is the area on the ground plane that relates to the full circumference of the tree’s canopy. While minimum distances for disturbance and paving have been established above, to provide the best protection for a tree to survive, no construction should occur within the dripline of the tree.
(c) Unless authorized by the Planning Commission, no construction equipment shall, during the earth-moving process, be permitted to interfere with the integrity of a tree's branching system.
(d) Street trees, as used herein, shall mean those deciduous or coniferous trees which are planted within a public right-of-way, or on easements immediately adjacent to public right-of-ways. The planting of those trees shall be undertaken in all residential zoning districts in accordance with the following:
(1) At least two street trees shall be required to be planted for each one- or two- family lot for which a zoning permit has been issued.
(2) At least one street tree shall be required to be planted for each fifty linear feet of lot frontage for which a zoning permit has been issued within a four-family or multi-family residential zoning district.
(3) Whenever on-site street trees have been specifically delineated for preservation in the same manner or proportion as stated in subsection 1115.15(d)(l) or (2) hereof, the street tree planting requirement may be modified by the Planning Commission.
(4) Street tree plantings shall be restricted in those locations where damage to underground or aerial utilities may occur, or where a conflict with driveways, sidewalks, walkways/bikeways, curbs and gutters, water mains and sewer facilities is likely. Further, in order to prevent interference with motorists' or pedestrians' site distances, no street tree shall be permitted to be planted within thirty feet of intersecting rights of way.
(5) Whenever the Planning Commission has determined that sidewalks will not be required within a residential zoning district, all street trees shall be planted eight (8) feet back from the edge of the street curb.
(6) All street tree plantings shall be inspected by the City Engineer and Director of Public Works or Building Inspector/Code Enforcement Officer.
(7) The following shall constitute an approved list of trees most suitable for planting along a publicly dedicated street:
A. Cherry family.
1. Japanese Flowering Cherry.
2. Sargent Cherry.
B. Crab family.
1. Snowdrift Crab.
2. White Angel Crab.
C. Dogwood family.
1. Pink Dogwood.
2. White Dogwood.
D. Hawthorn family.
1. Lavelle Hawthorn.
2. Washington Hawthorn.
E. Linden family.
1. American Linden.
2. European Linden.
3. Little Leaf Linden.
F. Locust family.
1. Moraine Locust.
2. Skyline Locust.
G. Maple family.
1. Norway Maple.
2. Red Maple.
3. Sugar Maple.
H. Evergreen family.
1. Austrian Pine.
2. Colorado Blue Spruce.
3. Douglas Fir.
4. Norway Spruce.
5. Scotch Pine.
I. Other suitable trees.
1. Amur Cork Tree.
2. European Beech.
3. Ginkgo.
4. Pin Oak.
5. Red Oak.
6. Sweet Gum.
7. Sycamore.
(8) None of the following trees shall be permitted to be planted as street trees:
A. Box Elder.
B. Catalpa.
C. Horsechestnut.
D. Mulberry.
E. Poplar.
F. Silver Maple.
G. Siberian Elm.
H. Tree-of-Heaven.
I. Willow.
J. Ash family.
1. American Ash.
2. European Mountain Ash.
3. Green Ash.
4. Marshall's Seedless Green Ash.
(9) All deciduous street trees shall be planted so as to have a minimum in-ground height of eight feet. Similarly, all coniferous street trees shall have a minimum in-ground height of six feet.
(10) All required street trees which, due to accident, damage, disease or other cause, fail to show a healthy growth shall be replaced within a reasonable period of time by the developer.
(Ord. 45-08. Passed 12-15-08.)
1115.16 PARKLAND DEDICATION.
(a) The Planning Commission shall require the dedication of five percent (5%) of the gross area of a proposed residential subdivision in order to better meet the future open space needs of the City. Where such a dedication is required, steep slopes, streams, lakes, watercourses and floodplains shall constitute a maximum of forty percent (40%) of the dedicated land. In addition, all land proposed for dedication must have public access by adjoining street frontage of not less than 100 feet, or by a public easement of equal size. In no instance shall the Planning Commission require the dedication of parkland where the size of the proposed parcel would amount to less than one-half acre.
(b) In any residential subdivision where the dedication of land for park purposes is deemed by the Planning Commission not to be in the best interest of the general public, the Commission shall require, as a condition to approval, fees to be paid according to a fee schedule as established by City Council.
(c) Where a fee in lieu of dedication is required as a result of the construction of new housing within the City, that money shall be payable upon issuance of a zoning permit by the Zoning Inspector. In addition, all fees collected as a result of new residential subdivision development shall be deposited in a special account which may subsequently be used for the purpose of either parkland acquisition or development.
(Ord. 45-08. Passed 12-15-08.)