(a)    Title One of this Part Eleven - Planning and Zoning Code shall be known, and may be cited, as the "Subdivision Regulations of Union, Ohio," or "these regulations."

   (b)    These regulations shall be held to be the minimum requirements adopted for the promotion of public health, safety, convenience, and general welfare within the Municipality. The standards outlined in these regulations will help to ensure orderly urban growth and development; the conservation, protection, and proper use of land; and adequate provisions for traffic circulation, utilities, and services through sound platting procedures.

(Ord. 333. Passed 12-10-73.)

   (a)    These regulations shall be applicable to all subdivisions of land within the corporate limits of the Municipality and shall supplement any and all laws of the State of Ohio, ordinances of the Municipality, or any and all rules and regulations promulgated by authority of such law or ordinance relating to the purpose and scope of these regulations.

   (b)    Whenever the requirements of these regulations are at variance with requirements of any other lawfully adopted rules, regulations, ordinances, or resolutions, the most restrictive or that imposing the higher standards shall govern except as provided in Sections 1117.10 and 1117.11.

   (c)    These regulations shall take effect at the earliest time prescribed by law following adoption by Council.

   (d)    Any subdivision which has received final approval by the Planning Commission prior to the adoption of these regulations shall be considered an approved final subdivision. (Ord.333. Passed 12-10-73.)

   (a)    Following the official adoption of these regulations, no land shall be subdivided without complying with the provisions of these regulations with the exception of certain modifications allowed for planned unit development. Building setbacks, yard area requirements, pedestrian walkways, and thoroughfare requirements may be modified by the Planning Commission to the extent that such planned unit development will contribute to the orderly, efficient and economical development of the Municipality.

   (b)    No statement above modifying the substantive requirements under these regulations shall be construed to exempt a developer from the procedural requirements of subdivision plat approval as outlined in Chapters 1105 and 1109.

   (c)    Where a subdivider requests approval in parts of land proposed to be subdivided in several stages over a period of years, he should submit at the time of the pre-application conference a Concept Plan with appropriate sectioning for the entire tract to be eventually developed. This Concept Plan should demonstrate to the Planning Commission that the total design as proposed for the entire subdivision is acceptable under the terms of these regulations. The Planning Commission may give preliminary approval to the Concept Plan and subsequently formal approval to the preliminary and final plats for the various sections as submitted to the City in accordance with the administrative procedures specified in Chapters 1105 and 1109.

   (d)    No lot, tract, or parcel of land within any subdivision shall be offered for sale nor shall any sale be completed until such subdivision plats have been properly reviewed and officially approved by the Planning Commission and recorded in the County Recorder's office.

   (e)    No improvements, such as sidewalks, water supply, wastewater facilities, storm water drainage, gas and electric service, or street paving/surfacing/lighting, shall be made within any subdivision by any subdivider until the preliminary and final plats for the subdivision and the construction drawings have been properly reviewed by the Enforcement Officer, City Manager and officially approved by the Planning Commission and until the subdivider has entered into a Subdivider's Agreement with Council. Preliminary or rough grading may be permitted in advance of the formal approval of the final plat and construction drawings, provided that such grading does not impair or alter drainage or create an adverse impact on adjacent property.

(Ord. 333. Passed 12-10-73.)

   (a)    All subdivision plats shall conform to design standards that will encourage sound development patterns. In particular, the subdivision plat shall conform to the principles, standards, policies, and proposals which are specified in the Official Land Use Plan for Union. Ohio. In addition, land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood, or other menace.

   (b)    Existing physical and cultural features which would add value to residential development, such as trees, water courses, historic sites, and similar irreplaceable assets, shall be preserved insofar as possible, through careful design of the subdivision. The subdivider may place restrictions on any of the land contained in the subdivision greater than those required by the Zoning Ordinance, but such restrictions shall be indicated on the deed. No subdivision shall be located in the S-FP District as designated on the Union Official Zoning District Map.

(Ord. 333. Passed 12-10-73.)

   All proposed primary thoroughfares, secondary thoroughfares and collector streets in new subdivision plats shall follow the alignments designated on the Union Official Thoroughfare Plan map and text and their right-of-way and pavement widths shall meet the minimum design standards specified in the Official Thoroughfare Plan.

(Ord. 333. Passed 12-10-73.)

   All subdivision plats shall conform to design standards that will encourage sound development patterns in conformity with the principles, standards, policies, and proposals which are specified in the utility general concept plans for Union, Ohio, namely, the Waterworks General Concept Plan, the Wastewater Collection System General Concept Plan and Storm Drainage Master Plan.

(Ord. 333. Passed 12-10-73.)

   All proposed subdivision plats shall be in conformance with all provisions of the Union Zoning Ordinance and Official Zoning District Map. Among other requirements, all proposed land uses in new subdivisions shall be permitted uses in the particular zoning district within which the proposed subdivision is located.

(Ord. 333. Passed 12-10-73.)

   After enactment of these regulations by Council no plat of any subdivision within the corporate boundaries of Union, Ohio shall be permitted to be recorded by the Recorder of Montgomery County, Ohio, nor be valid. until the preliminary plat, final plat, and construction drawings have all been submitted and approved in the proper manner as specified in these regulations. Any subdivision where the final plat has already been recorded at the Montgomery County Recorder's Office is exempt from the requirements of these regulations.

(Ord. 333. Passed 12-10-73.)

   Prior to the submission of a preliminary plat, the subdivider shall meet with the Planning Commission and/or the Enforcement Officer to review a Concept Plan of the proposed subdivision and to participate in an informal conference regarding plans for such development. This pre-application conference will aid in the conservation of time, effort, and expense by acquainting the subdivider early and informally with provisions of these regulations, the Official Land Use Plan, the Zoning Ordinance, the Waterworks General Concept Plan, the Wastewater Collection System General Concept Plan and the Storm Drainage Master Plan of the Village of Union, Ohio.

(Ord. 333. Passed 12-10-73.)

   (a)    Following the pre-application conference, the subdivider shall submit a preliminary plat of the proposed subdivision, prepared by a qualified registered engineer and a qualified registered surveyor, along with written application for approval of the plat, and such information, requirements, and plans as are specified herein, to the Planning Commission in accordance with the requirements set forth below:

      (1)    Three copies of the completed “Application for Preliminary Plat Approval,” to which are attached preliminary drawings, shall be submitted to the Clerk no later than fourteen days prior to the Planning Commission meeting at which consideration is desired.

         (Ord. 333. Passed 12-10-73.)

      (2)    At the time three copies of the application are filed with the Clerk, eight prints of the preliminary plat drawing and the location map insert shall be submitted. At the time of filing a preliminary plat, every subdivider will be charged one hundred dollars ($100.00) per acre.

         (Ord. 333. Passed 12-10-73; Ord. 334. Passed 12-10-73; Ord. 1091. Passed 5-12-97.)

      (3)    Of the applications and maps required by subsection (a)(2) hereof one copy of the application and preliminary plat drawing shall be retained in the Zoning Enforcement Officer's files and shall be marked with any corrections or additions deemed necessary by the Enforcement Officer and by the Planning Commission when the plat is considered for formal approval; one copy of the preliminary plat drawing shall be submitted to the City Manager; and one copy of the application and preliminary plat drawing shall be retained until after the first review and until such time as all the various boards, persons and the Planning Commission have made their review and commented on approval of the plat. This copy will then be marked and returned with a letter of approval or disapproval to the subdivider. Additional prints of the preliminary plat may be distributed to others where an interest is involved that needs a print of the preliminary plat for review purposes.

   (b)    If at some point in time following formal approval of the preliminary plat, certain changes in the basic layout are desired by the developer, then a new preliminary plat must be resubmitted for the total landholding to enable the Municipality to check for conformance with Union's ordinances and plans, including utility general concept plans.

(Ord. 333. Passed 12-10-73.)

   (a)    The preliminary plat shall be drawn at a scale not less than 100 feet to the inch on sheets twenty-four by thirty-six inches in size and shall meet the following specifications or have the following inclusions:

      (1)    Proposed name of subdivision which shall not duplicate or closely approximate the name of any other subdivision in the Municipality.

      (2)    Names and addresses of the owner, subdivider and the registered land surveyor who prepared the plat and the registered engineer who prepared the utility plans;

      (3)    Scale of plat, north point, and boundaries of the subdivision with each sheet in the submission numbered and the relation of each sheet to the remaining sheets shown diagrammatically;

      (4)    All lot lines adjacent to and abutting the subdivision and corporation and township lines;

      (5)    Location of wooded areas and other significant natural features;

      (6)    Topographic map showing one-foot contour intervals where the natural slope does not exceed five percent (5%); showing two-foot contour intervals where the natural slope is between five (5%) and ten percent (10%); and showing five-foot contour intervals where the natural slope is in excess of ten percent (10%). Such topography shall be delineated for the land area within and adjacent to the plat for a minimum distance of fifty feet;

      (7)   Layout of lots, showing approximate dimensions, and plat lot number;

      (8)   Preliminary layout of required public utilities;

      (9)   Existing utility easements;

      (10)   Location and size of existing or nearest water main and sewer outlet, location of culverts and other underground structures;

      (11)    Right -of-way and pavement widths on, and adjoining the site of the proposed subdivision, showing the street names and other pertinent data; and

      (12)    Parcels of land proposed to be dedicated and reserved for schools, parks, playgrounds, or other public, semi-public or community purposes in accordance with the Union Official Land Use Plan and Community Facilities Plan.

   (b)    The various sheets constituting the preliminary plat drawings shall be consecutively numbered. The preliminary plat shall contain, in addition, information on the proposed use of lots, including the type and number of dwelling units, or the types of business or industry proposed.

   (c)    Subdivisions for the purpose of accommodating commercial and industrial development shall include in the preliminary plat the location and approximate dimensions of proposed parking and loading areas; and points of vehicular ingress and egress to the development.

   (d)    In order to provide proper orientation to the Enforcement Officer, Planning Commission and Council, the required location map insert on the preliminary plat shall be prepared to show the following:

      (1)    Boundary line of the proposed subdivision indicated by a solid heavy line and the total approximate acreage involved;

      (2)    Subdivision name and location, specifying U.S. Geological Survey section, township and range lines;

      (3)    Any and all thoroughfares related to the subdivision;

      (4)    Existing elementary and secondary schools, parks, playgrounds available for serving the area proposed to be subdivided, and other relevant community facilities; and

      (5)    Title, scale, north arrow, and date.

         (Ord. 333. Passed 12-10-73.)

   (a)    Following application for approval of the preliminary plat, the Planning Commission shall act on the preliminary plat within sixty days after its official filing date unless the preliminary plat is incorrectly filed or unless such time is extended by agreement with the subdivider. The official filing date shall be considered to be the day upon which the preliminary plat is received by the Planning Commission at a formal Commission meeting.

   (b)    If the preliminary plat and application are correctly filed, the Planning Commission shall take the following action or actions within sixty days of the official filing date:

      (1)    Approve the plat. Approval of a preliminary plat, either immediately or following subsequent revisions or review, shall be effective for a maximum period of twelve months and shall guarantee the subdivider impunity during this time period against changes which may be made in these regulations. This twelve month approval period shall bind the applicant to the need for the submission for final approval of a final plat covering the whole or part or parts of the preliminary plat. In the event the subdivider fails to submit within the twelve month approval period a final plat, encompassing all or part of the area included in the preliminary plat, then the approval given to the preliminary plat or the remaining portion of the preliminary plat shall lapse and be considered null and void.

      (2)   Conduct a first review of the application and preliminary plat, and then return them to the subdivider with suggestions for changes, giving reasons and specifying aspects of nonconformance with existing ordinances. Following the first review of the preliminary plat the Planning Commission will set a date for a second review, notify the applicant in writing, and notify other agencies or persons whom it considers to have an interest in the proposed subdivision. Following this second review by the Commission, the Enforcement Officer shall return to the subdivider a copy of the preliminary plat along with a letter of approval or disapproval. If the preliminary plat is approved by the Commission. The applicant shall be authorized to proceed with the preparation of the final plat. If, however, the preliminary plat is disapproved by the Commission, the applicant shall be advised as to the necessary changes in the preliminary plat which will be required, giving reasons and specifying aspects of nonconformance with existing ordinances, before preliminary approval can be conferred.

      (3)    Disapprove the plat. The Planning Commission shall advise the applicant in writing of the reasons why the proposed preliminary plat has not been approved.

         (Ord. 333. Passed 12-10-73.)

   (c)    A fee of twenty dollars ($20.00) per acre shall be charged for the review of revisions and modifications required in the preliminary review.

   (d)    The applicant shall be charged for outside engineering and other professional services to review the preliminary plat at the cost billed to the City.

(Ord. 1091. Passed 5-12-97.)

   The final plat shall be drawn at a scale not less than 100 feet to the inch on sheets twenty-two by thirty-six inches in size. The final plat original drawing shall be on new linen tracing cloth with waterproof black India ink with the scale of the plat, the north point of the sheet, and the number of the sheets clearly depicted on each map sheet. When more than one sheet is involved, the relation of each sheet to the remaining sheets shall be shown diagrammatically. The final plat shall contain and/or include the following items:

   (a)    Name and location of subdivision including township, range and section numbers;

   (b)    Adjoining recorded subdivision plats with name and recorded plat book number and pages and adjoining unplatted land with owner's name and deed book and page;

   (c)    Accurate locations of all existing and recorded streets intersecting the boundaries of the tract shall be shown;

   (d)    Accurate distances and directions to the nearest established intersection of street centerlines or section corner shall be shown. Reference corners shall be accurately described on the final plat.

   (e)    A closed boundary indicating an accurate survey shall be indicated by dimensions and bearings;

   (f)   Location, type, material and size of all monuments and lot markers;

   (g)   All dimensions shall be shown in feet and hundredths of a foot.

   (h)   Total area within the final plat shall be indicated to the nearest one thousandths (1/1000) of an acre and if more than one original tract is involved, the areas of individual tracts shall be indicated;

   (i)   Consecutive plat number to identify each lot or site;

   (j)   Building setback or front yard lines and dimensions;

   (k)   Purpose and accurate outline of sites, other than residential lots, which will be dedicated or reserved for public or non-public purposes;

   (l)    Right-of-way lines, widths, and names of streets, easements, and other rights of way, and property lines of lots and other tracts, with accurate dimensions, bearings, and curve data, including radii, arcs and chords, lengths of tangents and central angles.

   (m)    Witnessed and notarized signatures of owners and mortgagees indicating the required dedication of streets and other public areas;

   (n)    Location, dimensions and purposes of any easement;

   (o)    All covenants and restrictions which will run with the land ;

   (p)    Certification by a registered surveyor to the effect that the plat represents a survey made by him and that the boundary monuments shown thereon exist as located and that all dimensional details are correct;

   (q)    Certification by the Zoning Enforcement Officer that any Zoning Map and/or text changes involved have been approved and are in effect; and

   (r)    Certification by the Planning Commission, Council and Clerk that the final plat has been formally approved by the Municipality.

      (Ord. 333. Passed 12-10-73.)

   (a)    Together with the final plat, the subdivider shall submit to the Planning Commission six copies of the complete set of construction drawings for the public improvements required in Chapter 1117. These construction drawings shall include a cover sheet, street and utility improvement plans and profiles and grading and drainage plans for the subdivision. In addition, the subdivider shall be required to submit the following:

      (1)    A cost estimate of all public improvements, including all walks, curbs and gutter, pavements, roadway excavation and street signs; storm sewers, sanitary sewers, water mains and their appurtenances; plat and lot corner markers.

      (2)    Storm drainage calculations and drainage area map showing individual and cumulative drainage areas tributary to each point of concentration.

   (b)    The Planning Commission shall distribute copies of the construction drawings to the City Manager for his review and approval of the proposed water and sanitary sewer lines and facilities and the proposed lot layout, streets and storm sewers.

   (c)    Following the Municipality's formal approval of the final plat and accompanying construction drawings, the subdivider shall be required to submit one reproducible cloth or, mylar copy of those construction drawings. Once the developer has constructed the required water and sanitary sewer facilities, he shall be required to submit to the Municipality a set of reproducible prints showing the "as-built" locations of the water and sanitary sewer facilities as well as inverts, grades and span lengths of sanitary sewers. All locations shall be verified by measurement from a minimum of two readily recognizable permanent structures or objects on the ground surface.

   (d)   The Construction Drawings shall consist of the following items:

      (1)   Cover sheet. The cover sheet shall include thereon a plan at 1"=100' of the plat showing street right of way and lot layout, street names, lot numbers, utility layouts for the storm drainage system, sanitary sewerage system and water distribution system including sizes, span length and appurtenances locations; vicinity map; plat name or title; and required signature approval blocks.

      (2)   Street and utility improvement plans. The street and utility improvement plans shall consist of plan and profile sheets at the scale of 1"=40' horizontally and 1"=6' vertically. The plan portion of the streets shall include in sufficient detail the location of all streets, lots and storm drainage, sanitary sewerage, and water distribution systems. The profiles shall show the existing and proposed street profiles and profiles of all sanitary sewer and storm improvement.

   Details of standard street sections and miscellaneous construction items shall appear on the sheets as well as any construction notes pertaining to the proposed improvements. The street and utility improvement plans shall be prepared in accordance with the Union “Standard Specifications and Construction Drawings for Public Improvements” including both drawings and written material specifications.

      (3)   Lot grading and drainage plans. These grading and drainage plans shall be drawn at a scale of 1'=40' and shall show the existing topography (contours) and the proposed street and lot layout, including dimensions. Proposed lot grading shall be shown by either proposed contour lines or sufficient spot elevations and drainage direction arrows. In either case, proposed elevations shall be shown at all lot corners. Storm drainage lines and structures shall be indicated including pertinent elevations.

         (Ord. 333. Passed 12-10-73.)

      (4)   An Erosion and Sediment Control Plan shall be prepared for all developments covered by this regulation which require improvements to more than one acre of land. The Erosion and Sediment Control Plan shall conform to any and all standards defined in the Ohio Environmental Protection Agency Authorization for Storm Water Discharges Associated with Construction activity under the National Pollutant Discharge Elimination System, (permit number OHC000002); effective April 21, 2003, and all revisions and amendments thereto. The Notice of Intent, as well as a copy of the storm water pollution prevent plan (SWP3) shall be provided to the City as part of the Erosion and Sediment Control Plan submittal. (Ord. 1300. Passed 9-22-03.)

   (a)   An application for approval of the final plat shall be submitted to the Planning Commission no later than fourteen days prior to the Planning Commission’s next meeting, on administrative forms provided by the Municipality, together with six copies of the final plat map and six copies of construction drawings including cover sheet, grading and drainage plans and street and utility improvement plans, and two copies of performance bond cost estimates. The final plat shall be prepared and certified by a registered surveyor; the construction drawings shall be prepared and certified by a registered engineer.

   (b)   Prior to initiating construction of the required public improvements, the subdivider shall enter into a Subdivider’s Agreement with Council. Prior to recording the approved final plat in the County Recorder’s Office, the subdivider shall post a performance bond. The administrative procedure for posting this performance bond is specified in Section 1121.03(b).

   (c)   The Planning Commission shall review the final plat for conformance with the preliminary plat and all other requirements specified in these regulations. The City Manager shall review the final plat and construction drawings for conformance of the proposed water and sanitary sewer facilities with its regulations and Union “Standard Specifications and Construction Drawings for Public Improvements.” The City Manager shall review the final plat and construction drawings for conformance of the proposed streets, curb and gutter, sidewalks and storm sewer facilities with Union’s “Standard Specifications and Construction Drawings for Public Improvements.” The Ohio Environmental Protection Agency shall review the proposed water and sanitary sewer facilities for conformance with its regulations.

(Ord. 333. Passed 12-10-73.)

   (d)   The applicant shall be charge two percent (2%) of the Letter of Credit or Performance Bond Estimate for public improvements for the final plat review.

   (e)   The applicant shall be charged for outside engineering and other professional services to review the final plat at the cost billed to the City.

(Ord. 1091. Passed 5-12-97.)

   The Enforcement Officer shall notify the subdivider by mail of the action of Council on the final plat submitted within five working days after the date of such action. The subdivider is then required to record the final plat with the County Recorder within 180 days of his receipt of approval of both the final plat and construction drawings. If such recording is not made within 180 days, the approval will become void and reapplication must be made.

(Ord. 333. Passed 12-10-73.)

   (a)    All streets in new subdivisions shall be constructed in accordance with the minimum design standards and materials specifications stated in Union's "Standard Specifications and Construction Drawings for Public Improvements." All proposed streets in new subdivisions shall be reviewed and shall be subject to the approval of the City Manager and Council.

   (b)    Where the subdivision borders an existing street and additional land is required for realignment or widening of such street, as indicated by the Official Thoroughfare Plan or as otherwise determined by the Planning Commission to be necessary, such additional right of way and dimensions shall be shown and the right of way shall be dedicated on such plat.

   (c)    Proposed streets shall be coordinated so as to provide adequate circulation and shall have the right of way prescribed on the Official Thoroughfare Plan. Street patterns shall discourage through traffic in the interior of a residential subdivision. Where a street connection is necessary for the appropriate development of adjoining land, the arrangement or extension of streets shall include the extension of the subdivision street to the edge of the subdivision.

   (d)    Streets shall be arranged such that adjacent building sites are at, or above, the grades of the streets, where possible. Grades of streets shall conform as closely as possible to the original topography. A combination of steep grades and curves shall be avoided.

   (e)    Streets shall be graded and improved with pavement, street signs, sidewalks, driveway approaches, street lights, curbs, gutters, water mains, sanitary sewers, storm sewers, fire hydrants and appurtenances. The Planning Commission may waive, subject to appropriate conditions such public improvements as it considers not requisite in the interest of the public health, safety and general welfare.

   (f)    If placed in the street rights of way, underground utilities may be required by the Planning Commission to be placed between the paved roadway and right-of-way line, where possible, to simplify location and repair of the lines. The subdivider shall install underground service connections to the property line of each lot before the street is paved. Walks in pedestrian easements shall be improved according to specifications and as shown on the construction plans. Other easements shall be cleared and graded where required by the Municipal Engineer.

   (g)    Streets shall be laid out so as to intersect as nearly at right angles as possible. Multiple intersections of more than two streets shall be avoided.

   (h)    The street layout shall provide access to all lots and parcels of land within the subdivision. The distance between the centerline of offset street intersections shall not be less than 125 feet.

   (i)    Subdivisions that adjoin or include existing streets that do not conform to the required widths shall dedicate additional width along either or both sides of the street and shall construct such improvements as are necessary to bring such street or streets up to the standards specified in these regulations.

   (j)    Wherever there exists a dedicated or platted portion of a street or alley adjacent to the proposed subdivision, the remainder of the street or alley shall be platted to the prescribed width within the proposed subdivision.

   (k)    Streets serving commercial development and accessory parking areas shall be planned to connect with primary or secondary thoroughfares so as not to generate traffic on local access streets. Collector streets for industrial subdivisions shall be planned to serve industrial areas exclusively and shall connect with either primary or secondary thoroughfares so that no industrial traffic will be directed onto any local access streets.

   (l)    All streets shall be named, and such names shall be sufficiently different in sound and in spelling from other street names in the Municipality so as not to cause confusion. A street which is a continuation of an existing street shall bear the same name. Numbers as street names are not acceptable. House numbers will be assigned by the Planning Commission, and all street names shall be subject to the approval of the Planning Commission.

   (m)    Alleys will not be allowed in residential areas, but may be included in commercial and industrial areas where needed for loading and unloading or access purposes; and, where platted, shall be at least twenty feet in width.

(Ord. 333. Passed 12-10-73.)

   (a)    Blocks shall not normally exceed 1,500 feet unless unusual circumstances justify greater length. Within blocks of over 800 feet in length, the Planning Commission may require dedication of a ten foot right of way, at or near the middle of the block, a public pedestrian walkway connecting adjacent streets or other public areas, shopping centers, etc.

   (b)    The arrangement of blocks shall be such as to conform to the street planning criteria set forth in Section 1113.01.

   (c)    Blocks should be of sufficient width to permit two tiers of lots of appropriate depth, except where an interior street parallels a secondary or primary thoroughfare or thoroughfare of equivalent right of way.

   (d)    Irregularly shaped blocks such as those intended for cul-de-sacs and loop streets and those containing interior parks or playgrounds may be approved by the Planning Commission if properly designed and located and if the maintenance of interior public spaces is covered by agreements. (Ord. 333. Passed 12-10-73.)

   (a)    The layout of lots shall be platted so that individual building sites will be properly related to topography and the character of surrounding development.

   (b)    Lot dimensions shall comply with the minimum standards of the Zoning Ordinance for the respective zoning districts in which these lots may be located. Dimensions of corner lots shall be large enough to allow for the placement of the principal building so as to observe the minimum front yard setback from both streets. No lot shall have an average depth which is more than three times its average width nor shall it have depth of less than 120 feet, unless located in a planned unit development in which case not less than 100 feet.

   (c)    Side lot lines shall be generally at right angles or radial to street right-of- way lines unless a variation from this rule will give a better street or lot layout.

   (d)    Lots with double frontage shall be avoided except where the conditions cited under Section 1113.02(c) prevail.

(Ord. 333. Passed 12-10-73.)

   (a)    Easements at least twenty feet in width centered along rear lot lines or ten feet centered along side lot lines, or in an area approved by the Municipal Engineer, shall be provided where necessary for sanitary sewers, water mains, gas mains, and electric lines.

   (b)    Where open ditches are allowed, an additional easement shall be provided outside the drainage ditch or channel width to allow for proper access and maintenance.

(Ord. 333. Passed 12-10-73.)

   (a)   Sanitary sewers shall be completed in accordance with the plans and profiles prepared for the subdivider by a registered professional engineer and approved by the Municipal Engineer to meet the minimum requirements specified in Union’s “Standard Specifications and Construction Drawings for Public Improvements,” and shall be in accordance with the Municipal Wastewater Collection System General Plan Concept. Sanitary sewer construction shall be carried out under Municipal supervision within the time fixed or agreed upon by the City Manager, and all inspection costs shall be paid for by the subdivider. All proposed sanitary sewers in new subdivisions shall be reviewed by, and shall be subject to the approval of the City Manager.

   (b)   Public sanitary sewers shall be installed to adequately serve all lots, including lateral connections to the public system. Public sewer extensions shall meet the requirements of the Ohio Environmental Protection Agency, Montgomery County Health Department and the Municipality.

   (c)   All new buildings on zoning lots shall be connected to the Municipal public sanitary sewer system. Combinations of or cross-connections between sanitary sewers and storm sewers shall be prohibited.

(Ord. 333. Passed 12-10-73.)

   (a)   The subdivider shall install a water system for the subdivision. A complete water main system shall be connected to a public water supply, plans for which are reviewed and approved by the City Manager and the Ohio Environmental Protection Agency. All water mains shall be a minimum of six inches in size. The plans for the complete installation showing size, location, depth, material and all connections thereto including fire hydrants, shall meet the requirements and receive the approval of the Ohio Environmental Protection Agency.

   (b)   Water supply improvements shall be completed in accordance with the plans and profiles prepared for the subdivider by a registered professional engineer and approved by the Municipal Engineer to meet the minimum requirements specified in Union’s “Waterworks General Concept Plan” and “Standard Specifications and Construction Drawings for Public Improvements”. Water supply improvements shall be carried out under Municipal supervision within the time fixed or agreed upon by the City Manager, and all inspection costs shall be paid for by the subdivider.

   (c)   Water lines serving cul-de-sacs that exceed 300 feet in length measured from the street centerline to the center point of the cul-de-sac shall be connected back into the water distribution system.

(Ord. 333. Passed 12-10-73.)

   (a)   Storm drainage improvements shall be completed in accordance with the plans and profiles prepared for the subdivider by a registered professional engineer and shall be reviewed and approved by the City Manager and Council to meet the minimum requirements of the Storm Drainage Master Plan and Union’s “Standard Specifications and Construction Drawings for Public Improvements”. Storm drainage improvements shall be carried out under Municipal supervision within the time fixed or agreed upon by the City Manager, and all inspection and review costs shall be paid for by the subdivider.

   (b)   Natural drainage channels with protective easements, the width of both to be determined by the Municipal Engineer, shall be utilized for storm drainage removal in the absence of public storm sewer availability at the plat boundary. New drainage ditches where permitted shall be fully paved on the bottom and side slopes to a point one foot above the design depth when the velocities of flow exceed seven feet per second. Where new drainage ditches are not paved, they shall be seeded.

   (c)   Storm drainage, including drain tile around basements, shall not be permitted to discharge into any sanitary sewer, but shall connect to an adequate drainage outlet.

   (d)   Culverts and/or bridges shall be required where natural drainage channels intersect any street right of way or public walkways. Culverts shall extend across and beyond the entire right of way width of the existing or proposed street so that full street sections can be developed. The minimum diameter of a culvert pipe shall be eighteen inches with the exception of driveway culverts where permitted which may have a minimum diameter of twelve inches; however the minimum capacity of all culverts shall be approved by the City Manager prior to installation.

(Ord. 333. Passed 12-10-73.)

   (a)   The installation of other utility lines shall be carried out in accordance with the plans and profiles prepared for by the subdivider by the General Telephone Company and Dayton Power and Light Company and these plans and profiles shall be reviewed and approved by the City Manager. All plans and profiles shall be subject to final approval by the Planning Commission and Council. All utility lines for telephone, electric service and street lights shall be placed underground with the exception of existing overhead lines and high-tension power lines. The underground utility lines shall be located at the rear of the zoning lots and shall be physically separated from the public water and sewer lines. Markers shall be placed above ground at the right-of-way lines on both sides of all streets that the underground lines traverse.

   (b)    Where telephone and/or electric service lines are to be placed underground throughout the subdivision, the conduit or cables shall be located within easements or public rights of way in trenches, in a manner which will not conflict with other underground services. All transformers and terminal boxes shall be located so as not to be unsightly or hazardous to the public.

   (c)    Gas lines may be required to be installed within the proposed plat prior to acceptance of the required public improvements by the City when such gas lines are immediately adjacent or in close proximity to the plat as determined by the Planning Commission.

   (d)    The developer shall be responsible for all costs of street light and walkway light installation as outlined and set forth in the street lighting contract with Dayton Power and Light Company as approved and entered into by the City of Union.

   (e)    The developer shall also be responsible for all trenching and backfilling for the installation of street lights and walkway lights.

   (f)    The developer shall be responsible for all costs levied by the Power Company including but not limited to the fees required to be paid before poles and fixtures are installed by the Power Company.

(Ord. 333. Passed 12-10-73.)

   (g)    The developer shall be responsible for all costs of street light and walkway light installation as outlined and set forth in our street lighting contract with Dayton Power and Light Company as approved and entered into by the City.

   (h)    The developer shall also be responsible for all trenching and backfilling for the installation of street lights and walkway lights.

   (i)    The developer shall be responsible for all costs levied by the Power Company including but not limited to the fees required to be paid before poles and fixtures are installed by the Power Company. (Ord. 644. Passed 3-14-83.)

   (a)    Streets shall be completed in accordance with the plans and profiles prepared for the subdivider by a registered professional engineer and approved by the City Manager and Council, and shall meet the minimum requirements specified under Union's "Standard Specifications and Construction Drawings for Public Improvements." Street improvements shall be carried out under City supervision within the time fixed or agreed upon by the City Manager, and all inspection costs shall be paid for by the subdivider.

   (b)    Required specifications regarding both street base and street surface course, pavement width, sidewalk preparation and materials are available from the City Manager. All streets shall be graded to their full width, including side slopes.

   (c)    Before proceeding with any construction on streets or other public ways, the subdivider shall erect signs warning the public, "Streets Under Construction". The subdivider shall, in addition, erect and maintain barricades and signs and lighted warning lights at all necessary times and places during such construction.

(Ord. 333. Passed 12-10-73.)

   Curbs and gutters shall be required along all City streets. Curbs and gutters shall be completed in accordance with the plans and profiles prepared for the subdivider by a registered professional engineer and approved by the City Manager to meet the minimum requirements specified in Union's "Standard Specifications and Construction Drawings for Public Improvements." Curb and gutter improvements shall be carried out under City supervision within the time fixed or agreed upon by the City Manager and all inspection costs shall be paid for by the subdivider. (Ord. 333. Passed 12-10-73.)

   Sidewalks shall be required on both sides of all new streets in the City. Public sidewalks shall be required for all commercial lots and may be required for industrial lots, subject to the approval of the Planning Commission. All sidewalks shall be constructed of portland cement concrete to the minimum width and depth as specified in Union's "Standard Specifications and Construction Drawings for Public Improvements." Walkways in R-PUD Districts may be constructed of asphalt concrete instead of portland cement concrete.

(Ord. 333. Passed 12-10-73.)

   The improvements specified in Sections 1117.01 through 1117.07 inclusive shall be designed in accordance with the sizes and capacities called for in the Official Thoroughfare Plan, Sanitary Sewer Collection System General Concept Plan, Waterworks General Concept Plan and Storm Drainage Master Plan.

(Ord. 333. Passed 12-10-73.)

   If a proposed plat is not contiguous to an area served by streets or public utilities, and the Planning Commission finds the extension of streets and utilities across undeveloped areas would not be warranted as a special assessment to the intervening properties or as a Municipal expense until some future time, the subdivider may be required, prior to approval of the final plat, to obtain the necessary easements or rights of way and construct such extensions.

(Ord. 333. Passed 12-10-73.)

   (a)    Planned unit development shall be permitted when in keeping with existing natural features and when designed to preserve such features or to make more efficient use of land and thereby better serve the general health and welfare of the community. Such development may require modification, subject to Planning Commission approval, to Sections 1101.04, 1101.07, 1113.02, 1113.03 and 1117.07.

   (b)    Upon completion of all the required public improvements, the subdivider or developer shall request, in writing, a final inspection by the City Manager as required under Ohio R.C. 711.091. (Ord. 333. Passed 12-10-73.)

   In order to promote the health and general welfare and to preserve and make available open space, the Planning Commission may grant a subdivider the right to vary the yard setbacks and building placement within the zoning lot to be developed, leaving common open space free of buildings. The right to vary yard setbacks and building placement shall, however, be subject to the following conditions:

   (a)   An overall plan of the entire tract showing roads, lot lines, lot areas, easements, encumbrances, and other relevant data shall be submitted in accordance with Chapters 1105 through 1117.

   (b)   Overall density shall not exceed that of the zoning district in which the proposed subdivision is located. The houses in the proposed subdivision shall be grouped in clusters. The minimum lot area shall be no less than one-half of that minimum lot area normally required in the zoning district in which the subdivision is located.

   (c)   The balance of the land in the proposed subdivision that is not contained in lots or within road rights of way shall be contiguous and of such condition, size and shape as to be usable for recreation. Such land shall be held in corporate ownership by the owners of lots within the development, and the subdivider shall incorporate into the deeds of all property within the development a clause giving to the owners an interest in such open land which shall be used for recreational purposes only. No structure, save those incidental to the recreational use, shall be permitted thereon.

   (d)   Open land shall be a minimum of one and one-half acres and shall be subject to taxation. In the case of tracts of three or more acres, the developer may petition the Municipality to accept dedication of the land to be used in perpetuity as public open spaces.

   (e)   Upon completion of all the required public improvements, the subdivider or developer shall request, in writing, a final inspection by the City Manager as required under Ohio R.C. 711.091.

      (Ord. 333. Passed 12-10-73.)

   In order to preserve harmony with existing natural features, provide more efficient concentrations of open space, and/or provide aesthetic benefits, the Planning Commission may grant a subdivider the right to vary the yard setbacks within the zoning lot to be developed subject to the following conditions:

   (a)   The total lot size meets the minimum square footage requirement for the zoning district in which located.

   (b)   The setback variance does not exceed thirty percent (30%) of the setback normally required within the applicable zoning district.

   (c)   All such site plans envisioning such variances have been approved by the Planning Commission. (Ord. 333. Passed 12-10-73.)

   (a)   Trees of species which are resistant to damage and disease and which do not cause interference with either aboveground or underground utilities, street lighting, or visibility at street intersections shall be provided by the subdivider in all subdivisions where curbs, gutters, and sidewalks are required.

   (b)   The builder shall plant two trees with a minimum caliper of two and one-half inches for every lot frontage, but no trees shall be located within ten feet of the required right of way. Existing tree cover within the proposed plat shall be retained to the greatest extent possible and taken fully into account in the design of the subdivision lots and street layout. All areas not otherwise landscaped or treated shall be sodded or seeded.

(Ord. 333. Passed 12-10-73.)

   (a)   Permanent concrete reference monuments, as described in subsection (b) hereof, shall be located and set as follows: At least four permanent markers in each subdivision plat of ten lots or less, and not less than six permanent markers in each plat containing over ten lots. The permanent concrete reference monuments shall be installed at the outer perimeter of the subdivision prior to the final acceptance of a plat.

   (b)   Permanent reference markers shall be of one inch steel rod set in, and running through, a concrete block at least six inches in diameter and at least thirty inches long. The bottom of such concrete block shall be set at least thirty inches deep below finished grade in the subdivision, and the points at which all such permanent markers may be found shall be designated on the plat.

   (c)   Iron pin monuments five-eighths inch in diameter and thirty inches long, shall be placed by the surveyor at all points on the plat boundary lines where there is a change of direction not marked by a concrete monument and at all lot corners. The lot markers shall be installed prior to the time that the prospective residents of the subdivision are permitted to occupy their dwellings.

(Ord. 333. Passed 12-10-73.)

   (a)   The Construction and Material Specifications attached to Ordinance 1415 and made a part hereof, as though fully rewritten herein, is hereby adopted.

   (b)   Such Construction and Material Specifications include general requirements, earthwork, roadway, storm drainage system, sanitary sewer system, water distribution system, and erosion and sediment control, with appendix for standard drawings.

   (c)   A complete copy of such Construction and Material Specifications is on file with the City. (Ord. 1415. Passed 1-22-07.)

   (a)    Building Permit. A Building Permit allowing construction of any building, structure, or similar improvement to the land within a subdivision, which has been approved for platting or replatting, shall be issued only after all requirements of these regulations have been fully complied with, including the approval of all plans by the Planning Commission, approval of water and wastewater plans by the City Manager and the Ohio Environmental Protection Agency, acceptance of the required public improvements by Council, and the recording of the final plat in the County Recorder's Office.

   (b)    Amendments. The Planning Commission may, from time to time, recommend to Council the amendment of these regulations. Upon receipt of the recommendations of the Planning Commission, these regulations may be enlarged or amended by Council after public hearing, due notice of which shall be given as required by law.

   (c)    Variations. When a subdivider can show that a provision of these regulations would cause unnecessary hardship if strictly adhered to and when, in the opinion of the Planning Commission, because of topographical or other conditions, peculiar to the site, a variation may be allowed without destroying the intent of such provision, the Planning Commission may recommend a variance to the Board of Appeals. The subdivider shall apply in writing to the Board of Appeals stating the reasoning on which the departure is justified and this application shall be processed by the Board of Appeals in accordance with the procedures outlined in Section 1121.02(c). Any variance authorized by the Board of Appeals shall be made by formal vote and a copy thereof shall be attached to, and made a part of, the final plat. In recommending variances, the Planning Commission may require such conditions as required to adhere to the intent of these regulations.

   (d)    Fee Schedule. Council shall establish by resolution a schedule of fees, charges, and expenses pertaining to these regulations which shall be posted in the office of the Clerk and which may be altered or amended only by a resolution of Council. No action shall be taken on any application or appeal until all applicable fees and charges have been paid in full. (Ord. 333. Passed 12-10-73.)

   (a)    Enforcement Officer. The Enforcement Officer shall have the responsibility of acting on behalf of the Planning Commission in making an initial determination that a particular subdivider has or has not complied with the requirements of these regulations. The Enforcement Officer shall perform the following functions:

      (1)    Establish that all the requirements of Chapters 1105 through 1117 and Section 1121.03 have been fully met by the subdivider;

      (2)    Make certain inspections of improvements within proposed subdivisions maintaining a vigil on the quality of the improvements and the adherence of the subdivider or developer's work to the timetables specified in these regulations.

      (3)    Distribute, when appropriate, copies of the preliminary plat to the City Manager, Municipal Engineer and other Municipal officials for their study and review comments;

      (4)    Determine instances of noncompliance with these regulations on the basis of an interpretation of these regulations and the review comments of all the appropriate officials to whom review copies of the preliminary plat were sent;

      (5)    Make recommendations to the Planning Commission for action on all preliminary and final plats, certifying those final plats which are in full compliance with the provisions of these regulations;

      (6)    Maintain permanent and current records of these regulations including amendments thereto;

      (7)    Receive, review, file, forward and maintain records of preliminary plats, final plats, application forms, construction drawings, and other required submissions under the terms of these regulations.

   (b)    Planning Commission. In order to administer these regulations, the Planning Commission shall do the following:

      (1)    Review the preliminary plat submitted by a subdivider and either accept, accept with modifications or reject such preliminary plat;

      (2)    Evaluate the recommendation of the Enforcement Officer and City Manager relative to the preliminary plat and final plat applications;

      (3)    Review the final plat and construction drawings submitted by the subdivider, check that the final plat is in accordance with the preliminary plat, check that the construction drawings are in accordance with these regulations and Union's "Standard Specifications and Construction Drawings for Public Improvements", determine that the requirements in Chapter 1105 through 1117 have been met, and either accept, accept with modifications, or reject the final plat;

      (4)    Make recommendations to Council concerning the need for, and type of, amendments to these regulations, at such times as such amendments are felt to be appropriate.

         (Ord. 333. Passed 12-10-73.)

   (c)    Board of Zoning Appeals.

      (1)    Composition. The Board of Zoning Appeals shall consist of such members as is provided in Section 3.11 of the Charter. At the first meeting of each year, the Board shall elect a chairman and a vice- chairman from among its members who shall serve for one year, and it may appoint and fix the compensation of a secretary and such employees as are necessary for the discharge of its duties, all in conformity to and compliance with salaries and compensation theretofore fixed by Council.

      (2)    Meetings and records. Meetings of the Board of Zoning Appeals shall be held at the call of the Chairman and at such other times as the Board may determine. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations, testimony and official actions, all of which shall be filed in the office of the Clerk and shall be a public record.

      (3)   Filing procedure. Written application for a variance shall be filed with the Enforcement Officer, who will transmit same, together with the preliminary plat and other papers pertaining to the application, to the Board. Written application for an administrative appeal shall be made directly to the Board as well as to the Enforcement Officer. All applications made to the Board for administrative appeals and variances, shall be in writing and shall be filed with the Enforcement Officer at least fourteen days prior to the meeting at which they are to be heard. Each application shall refer to the specific provisions of these regulations involved and shall set forth a clear and exact description of land involved; the interpretation of these regulation that is claimed, and/or the details of the variance proposed to be granted.

      (4)   Specific powers relative to administrative errors. The Board shall hear and decide appeals where it is alleged there is an error in any administrative decision made by the Enforcement Officer in the enforcement of these regulations. Any person claiming to be aggrieved by an order, requirement, or decision made by the Enforcement Officer may appeal to the Board. Such appeal shall be taken within twenty days of the date of decision, by filing with the Enforcement Officer from whom the appeal is taken and with the Board a Notice of Appeal specifying the grounds thereof. The Enforcement Officer shall transmit to the Board all of the papers constituting the record upon which the action appealed from is taken. Normally, such review by the Board shall be limited to alleged errors in interpretation of these regulations .

      (5)   Specific powers relative to variances. The Board shall have the power to authorize upon appeal in specific cases, filed as hereinbefore provided, such variances from the provisions or requirements of these regulations as will not be contrary to the public interest. Such variances will be granted only in the case of peculiar conditions involving irregular, abnormally narrow, shallow, or steep lots, or other unusual physical conditions, whereby strict and literal application of such provisions or requirements would result in practical difficulty and unnecessary hardship that would deprive the owner of the reasonable use of the land or buildings involved, but in no other case. No variance from the strict application of any provision of these regulations shall be granted by the Board unless it finds, beyond reasonable doubt, that all the following facts and conditions exist:

         A.    That special conditions and circumstances exist which are peculiar to the land involved, and which are not applicable to other lands in the immediate vicinity.

         B.    That literal interpretation of the provisions of these regulations would deprive the applicant of rights commonly enjoyed by other property owners in the immediate vicinity under the terms of these regulations.

         C.    That the special conditions and circumstances do not result from the actions of the applicant.

         D.    That granting the variance requested will provide the minimum necessary relief to alleviate the hardship and will not confer on the applicant any special privilege which is denied by these regulations to other lands, structures, or buildings in the same vicinity.

         E.    That granting of the variance will be in harmony with the general purpose and intent of these regulations and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.

      (6)    Public hearings procedure. When an application or appeal has been filed in proper form and with the required data, the Secretary of the Board shall immediately notify the Chairman, who will publish a notice stating the time, place and object of the hearing. Such notice shall be published in a newspaper of general circulation in the Municipality at least ten days prior to the public hearing. In addition, all property owners within 200 feet of the property in question shall be notified by the Secretary of the Board as to the time, place and object of the public hearing. Any party may appear at such public hearings in person or by agent or attorney.

      (7)   Approval procedure. The Board shall decide all applications and appeals within sixty days after completion of hearing. Such decision shall be binding upon the Enforcement Officer and/or Planning Commission. The terms and conditions of the decision by the Board shall be incorporated into any Building Permit whenever such is authorized by the Board.

(EDITOR'S NOTE: Section 3.11 of the City Charter establishes the number, term, powers and duties, of the Board of Zoning Appeals and authorizes the Board to establish its own rules of procedure.)

      (8)    Appeals procedure. Appeals from the Board of Appeals in their decisions on administrative error and variances shall be to the Court of Common Pleas of Montgomery County, Ohio, as provided by the statutes of the State.

   (d)    Council. Council shall have the power to act in the following manner with regard to these regulations:

      (1)    Appoint an Enforcement Officer who shall be responsible for the administrative enforcement of these regulations. To this end, the Enforcement Officer shall work closely with the Engineer's Office and the Planning Commission.

      (2)    Enter into a contract, called a Subdivider's Agreement, with the sub- divider or developer, specifying what public improvements are to be carried out and providing the legal basis for the posting of the performance bond.

      (3)    Accept the required public improvements as stated in Chapters 1113 and 1117 that have been reviewed and approved by the City Manager, and Ohio Environmental Protection Agency and that meet all requirements of Municipal utility general concept plans and Union's "Standard Specifications and Construction Drawings for Public Improvements" or reject those required public improvements that do not meet the above described criteria.

      (4)    Release the performance bond of the subdivider or developer once the required public improvements have been accepted.

      (5)    Release the maintenance bond of the subdivider or developer once the stipulated time period has elapsed.

      (6)    Amend these Subdivision Regulations, following receipt of a formal recommendation the Planning Commission and following a public hearing with the appropriate public notice.

         (Ord. 333. Passed 12-10-73.)

   (a)    Inspection and Acceptance of Required Public Improvements. The Municipality may exercise its option of inspecting required public improvements at any reasonable time before final acceptance of such improvements by Council.

      (1)    The installation of public improvements may not proceed until the Enforcement Officer or his designate has been notified of the subdivider’s intention to proceed.

      (2)    The subdivider, however, shall assume responsibility for notifying the Municipality of his desire to have inspection of stages of work completed at least twenty-four hours in advance of the time inspection is desired. Failure of the subdivider to so notify the Municipality shall be interpreted by the Municipality as a lack of readiness on the part of the subdivider to be inspected. The subdivider shall notify the Municipality of the time and date he will be available for inspection, and failure to keep such an appointment or failure to have work for which inspection was requested completed, shall make the subdivider liable to the Municipality for a fifty dollar ($50.00) reinspection fee. The subdivider shall be verbally notified of the inspection results at that time by the Enforcement Officer and if requested in writing, no later than twenty- four hours after each inspection.

      (3)    The Municipality, through action by Council, shall accept public improvements made by a subdivider which meet the following conditions:

         A.    The public improvements have been made in accordance with the requirements of Chapters 1113 and 1117;

         B.    The design standards of Chapter 1113 have been adhered to;

         C.    Installation of public improvements has been completed according to the Union "Standard Specifications and Construction Drawings for Public Improvements";

         D.    All final inspections required by these regulations have been carried out by the Municipality and such public improvements were found to be acceptable by the Engineer and the Enforcement Officer;

         E.    "As-built" construction plans have been submitted by the subdivider to the Municipality and release from the posted performance surety has been granted.

   (b)    Performance Bond. The subdivider shall execute a contract with the Municipality agreeing to carry out all required public improvements, as specified in these regulations. The method of guarantee may be in the form of a Subdivider Agreement and a Letter of Credit, or posting a Performance Bond. The contract between the subdivder and the Municipality shall be in a form approved by resolution of Council.

      (1)    Subdivider's agreement. The subdivider shall execute a contract to construct all required public improvements with the Municipality.

      (2)    Letter of credit. The subdivider shall submit a Letter of Credit covering the cost of the required public improvements in accordance with the requirements specified by the Municipality; or

      (3)    Performance bond. The posting of a performance bond by the subdivider for one hundred percent (100%) of the estimated cost of all required public improvements as specified in these regulations shall be required to guarantee their proper installation. The Enforcement Officer and the Municipal Engineer shall determine that the amount of the posted bond adequately reflect the probable costs of the improvements to be installed.

   (c)    Maintenance Bond. Once all the required public improvements have been constructed in the subdivision, the subdivider shall post with the Municipality a maintenance bond in the amount of ten percent (10%) of the actual public improvement costs. The dollar amount of this maintenance bond shall be subject to the approval of both the Enforcement Officer and Engineer with regard to being an accurate reflection of actual public improvement costs. No public improvements shall be accepted by Council until the subdivider shall post an approved maintenance bond and this maintenance bond will extend for one year from the actual date that Council accepts the street dedication, and/or the required water and sewer facilities. The subdivider shall execute a contract with the Municipality Engineer to carry out all required public improvements and agreeing to post the required maintenance bond. Such contract shall be in form as approved by Council by resolution.

   (d)    Procedure in Case of Default. The subdivider shall be in default of his performance bond when one of the following conditions exist:

      (1)    The installation of all required public improvements as called for in these regulations has not taken place within the two year period agreed upon in the Subdivider's Contract with the Municipality, and the subdivider has failed to establish reasonable cause for such delay to the satisfaction of the Planning Commission and thereby to receive a time extension.

      (2)    The subdivider has not constructed the required public improvements in accordance with the minimum standards specified in Chapter 1113, and the subdivider is unwilling to modify and to upgrade the public improvements within a six month time period so as to be in compliance with the provisions of these regulations.

   The subdivider shall be in default of his maintenance bond when the required public improvements have not been properly maintained over the two year period following the actual date that Council accepts the dedication of the public improvements so that these public improvements meet fully all of the requirements under the terms of these regulations; or when the required public improvements are not in accordance with the "as-built" plans submitted by the subdivider to the Municipality.

   In such cases of default, the Municipality shall proceed to utilize the performance bond and/or maintenance bond moneys to construct the required public improvements to the minimum design standards as required in these regulations.

   (e)    Required Plat Restrictions. Each final plat submitted to the Planning Commission 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 installation thereon, whether temporary or permanent, by the Municipality or a utility company shall in no way make the Municipality or utility company liable for damages or obligate the utility company to restore the obstruction to its original form;

      (2)    Before any building within the subdivision may begin to be constructed, the subdivider shall first obtain from the Enforcement Officer the Building Permit required by the Zoning Ordinance;

      (3)    Before any house or building on any lot in the subdivision shall be used or occupied as a dwelling or as otherwise provided in these regulations and the Zoning Ordinance, the developer or any subsequent owner of the lot or tract shall first obtain from the Enforcement Officer the Certificate of Occupancy as required by the Zoning Ordinance;

      (4)    The further subdivision of any lot or combination of lots is prohibited within the subdivision previously approved by the Planning Commission, unless and until the Planning Commission has reviewed and approved the change.

   (f)    Requiring Approvals to Accompany Final Plat. The following approvals shall accompany a final plat and shall be necessary for its approval:

      (1)    Approval by a registered engineer on the construction drawings that the drawings have all been prepared in accordance with Municipal requirements;

      (2)    Certification by a registered surveyor that the final plat is correct;

      (3)    Stated dedication of streets, utilities and public areas recorded on the final plat with the notarized signatures of the property owners and the mortgagees ;

      (4)    Enforcement Officer approval of the final plat;

      (5)    Municipal Engineer approval of the final plat and the construction drawings;

      (6)    City Manager approval of the final plat and the construction drawings;

      (7)    Planning Commission approval of the final plat with the signature of the Chairman;

      (8)    Performance bond approved by the Planning Commission as providing sufficient assurance against default by the subdivider in executing the requirements of these regulations;

      (9)    Council approval of the final plat and dedication of public streets; and

      (10)    Ohio Environmental Protection Agency approval of water and sanitary sewer facilities. (Ord. 333. Passed 12-10-73.)

   The enactment of these regulations shall not affect or prevent the prosecution or punishment of any person for any action done or committed in violation of any ordinance or part of provisions of any ordinance of the Municipality, prior to the taking effect of these regulations.

(Ord. 333. Passed 12-10-73.)

   If any part, parts, section, sections, provision, clause or portion of these regulations shall be adjudged invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of these regulations as a whole or of any other part, section, clause, provision, or portion of these regulations.

(Ord. 333. Passed 12-10-73.)

   (a)    Any person, firm or corporation who constructs any public improvement or portion thereof in violation of the provisions of these regulations shall be, upon conviction, guilty of a misdemeanor of the third degree and shall be fined not more than five hundred dollars ($500.00) or imprisoned for not more than sixty days, or both, for each offense. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

   (b)    Whoever shall sell or offer for sale, lease or offer for lease, while the Subdivision Regulations are in effect, any lot or lots, or block or blocks, within the incorporated limits of the City, or any resubdivision of any lot or block therein, before all the requirements of these regulations have been complied with, shall be upon conviction, guilty of a misdemeanor of the third degree and shall be fined not more than five hundred dollars ($500.00) or imprisoned for not more than sixty days, or both, for each lot, block or part thereof so disposed of, offered for sale or leased.

(Ord. 672. Passed 4-23-84.)

   For the purpose of these Subdivision Regulations, certain terms or words used herein shall be interpreted as follows:

   (a)    “Person” includes a firm, association, organization, partnership, trust, company or corporation as well as an individual.

   (b)    The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular.

   (c)    "Shall" is a mandatory requirement, the word "may" is a permissive requirement, and the word "should" is a preferred requirement.

   (d)    "Used" or "occupied" include the words "intended, designed, or arranged to be used or occupied."

   (e)    "Lot" includes the words "plot" or "parcel."

      (Ord. 333. Passed 12-10-73.)

   (1)    "Alley." See "Thoroughfare."

   (2)    "Block" means a unit of property entirely surrounded by public highways and streets, railroad rights of way, waterways, or other barriers, or combination thereof.

   (3)    "Board of Zoning Appeals" means the Board of Zoning Appeals of the Municipality.

   (4)    "Council" means the Council of the Municipality.

   (5)    "Comprehensive Plan" means a plan, or any portion thereof, adopted by the Planning Commission and Council showing the general locations and extent of present and proposed residential development and housing, commercial and industrial development, thoroughfares and community facilities. This plan establishes the goals, objectives, and policies of the community and includes the Official Land Use Plan, the Official Thoroughfare Plan and the Community Facilities Plan for Union.

   (6)    "Corner lot. " See "Lot Types."

   (7)    "Covenant" means a written promise or pledge.

   (8)    "Cul-de-sac." See "Thoroughfare."

   (9)    "Culvert" means a transverse drain that channels under a street or driveway.

   (10)   "Dead -end street." See "Thoroughfare."

   (11)   "Density" means a unit of measurement; the number of dwelling units per acre of land.

   (12)   "Developer." See "Subdivider."

   (13)   "Dwelling unit" means space, within a building, comprising living, dining, sleeping room or rooms, storage closets, as well as space and equipment for cooking, bathing, and toilet facilities, all used by only one family and its household employees.

   (14)   "Easement" means authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his property.

   (15)   "Enforcement Officer" means the officer designated and authorized by Council to administer and enforce these Subdivision Regulations.

   (16)   "Engineer" means any person registered to practice professional engineering by the State Board of Registration as specified in Ohio R.C. Chapter 4733.

   (17)   "Final plat" or "record plan" means the final map of all or a portion of the subdivision which together with the construction drawings is presented to the Planning Commission for final approval in accordance with these regulations, and which, if approved, shall be filed with the County Recorder of Montgomery County, Ohio.

   (18)   "Improvements" means street pavement or resurfacing, curbs and gutters, sidewalks, water lines, sanitary sewer lines, storm sewers, 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.

   (19)   "Jurisdictional area" means the incorporated land area within the corporate limits of the Municipality.

   (20)   "Location map" means a drawing located on the plat which sets forth by dimensions or other means, the relationship of the proposed subdivision or use to other nearby land uses, thoroughfares and community facilities and services within the Municipality in order to better locate and orient the subdivision in question.

   (21)   "Lot" means a parcel of land of sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street, or on an approved private street and may consist of:

      A.    A single lot of record;

      B.    A portion of a lot of record;

      C.    A combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of record.

   (22)   "Lot frontage" means the portion of the lot nearest the street. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated under "Yards" in this section.

   (23)   "Lot, minimum area of." The area of a lot is computed exclusive of any portion of the right of way of any public or private street.

   (24)   "Lot measurements." A lot shall be measured as follows:

      A.    Depth of a lot shall be considered to be the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.

      B.    Width of a lot shall be considered to be the distance between straight lines connecting front and rear lot lines at each side of the lot, measured at the building setback line, provided, however, that the width between side lot lines at their foremost point, where they intersect with the street line, shall not be less than sixty percent (60%) of the required lot width.

   (25)   "Lot of record" means a lot which is part of a subdivision recorded in the office of the Montgomery County Recorder, or a lot or parcel described by metes and bounds, the description of which has been so recorded.

   (26)   "Lot types." Terminology used in these regulations with reference to corner lots, interior lots and through lots is as follows:

      A.    "Corner lot" means a lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135 degrees.

      B.   "Interior lot" means a lot other than a corner lot with only one frontage on a street.

      C.   "Through lot" means a lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as a double frontage lots.

      D.    "Reversed frontage lot" means a lot on which frontage is at right angles to the general pattern in the area. A reversed frontage lot may also be a corner lot.

   (27)   "Maintenance bond" means an agreement by a subdivider or developer with the Municipality for ten percent (10%) of the amount of the estimated construction cost guaranteeing the conveyance of improvements as required in these regulations to the Municipality in good order according to plans and specifications outlined in these regulations, and further, guaranteeing that such conveyance of improvements for Municipality acceptance will be contingent upon durability during a one year time period following acceptance of improvements by the Municipality, during such time as the developer will assume responsibility for maintaining improvements in the condition under which they were conveyed to the Municipality as long as such conveyance was made in accordance with the standards outlined herein.

   (28)   "Monuments" mean permanent concrete or iron markers used to establish definitely specified lines or boundaries within the plat of a subdivision, including all lot corners, boundary line corners, and points of change in street alignment.

   (29)   "Official Thoroughfare Plan" means the plan map and text entitled "Official Thoroughfare Plan" formally adopted by the Planning Commission and Council indicating the general location recommended for State highways, primary and secondary thoroughfares and collector and local streets within the corporate limits of the Municipality and within the Union Planning Area.

   (30)   "Open space" means an area open to the sky which may be on the same lot with a building. The area may include, along with the natural environmental features, neighborhood and community parkland, swimming pools, tennis courts, and other recreational facilities that the Planning Commission deems permissive. Streets, structures for habitation, and the like shall not be included.

   (31)   "Ordinance" means the Subdivision Regulations.

   (32)   "Performance bond" means an agreement by a subdivider/or developer with the Municipality for the amount of the estimated construction cost guaranteeing the completion of all required public improvements according to plans and specifications within the one year time period prescribed by the subdivider's agreement or posting cash in the amount of the estimated construction cost at the subdivider's or developer's option.

   (33)   "Planned unit development" means an area of land, in which a variety of housing types are accommodated in a pre-planned environment under more flexible standards, such as lot sizes and setbacks, than those restrictions that would normally apply under these regulations. The procedure for approval of such development contains requirements in addition to those of the standard subdivision, such as building design principles, and landscaping plans.

   (34)   "Planning Commission" means the Planning Commission of the Municipality.

   (35)   "Plat" means the map, drawing, or chart on which the developer's plan of subdivision (preliminary) is presented to the Planning Commission for approval and, after such approval, to the Montgomery County Recorder (final) for recording.

   (36)   "Preliminary plat" means a tentative proposal for the subdivision of land under the regulations specified by these regulations, submitted in map form to the Planning Commission and supplemented with such other submissions as specified herein for its consideration according to the procedures specified herein.

   (37)   "Record plan." See "Final plat."

   (38)   "Right of way" means a strip of land taken or dedicated for use as a public way. In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks, lighting, and drainage facilities, and may include special features required by the topography or treatment such as grade separation, landscaped areas, viaducts and bridges.

   (39)   "Sanitary sewers" means an approved public sewage disposal system which provides a collection network and disposal system and central sewage treatment facility for the Municipality.

   (40)   "Setback line" means a line established by these regulations and the Zoning Ordinance, generally parallel with and measured from the lot line, defining the limits of a yard in which no building, other than accessory building, or structure may be located above ground, except as may be provided in such codes. (See Yard.)

   (41)   "Sidewalk" means that portion of the road right of way outside the roadway, which is improved for the use of pedestrian traffic.

   (42)   "Storm sewers" means an approved public storm sewer system which provides for the collection of surface water and its discharge into local area drainageways.

   (43)   "Subdivider" means any individual, property owner, subdivider, developer, builder, firm, association, syndicate, partnership, corporation, trust, or any other legal entity commencing proceedings under these Subdivision Regulations to effect a subdivision of land or the improvement of heretofore unimproved land for himself or for another.

   (44)   "Subdivision" means the division of any parcel of land shown as a unit or as contiguous units on the last preceding tax roll, into two or more parcels, sites, or lots, any one of which is less than five acres for the purpose, whether immediate or future, of transfer of ownership, provided, however, that the division or partition of land into parcels of more than five acres not involving any new streets or easements of access, and the sale or exchange of parcels between adjoining lot owners, where such sale or exchange does not create additional building sites, shall be exempted; or the improvement of one or more parcels of land for residential, commercial or industrial structures or groups of structures involving the division or allocation of land for the opening, widening or extension of any street or streets, except private streets serving industrial structures; the division or allocation of land as open spaces for common use by owners, occupants or lease holders or as easements for the extension and maintenance of public sewer, water, storm drainage or other public facilities.

   (45)   “Surveyor” means any person registered to practice surveying by the State Board of Registration as specified in Ohio R.C. Chapter 4733.

   (46)   "These regulations" means the Subdivision Regulations of the Municipality.

   (47)   "Thoroughfare, street or road" means the full width between property lines bounding every public way with a part thereof to be used for vehicular traffic and designated as follows:

      A.    "Alley" means a minor street used primarily for vehicular service access to the back or side of properties abutting on another street.

      B.   "Primary thoroughfare" means a general term denoting a thoroughfare primarily for through traffic, carrying heavy loads and large volume of traffic, usually on a continuous route, but also carrying a certain level of cross-town traffic.

      C.   "Secondary thoroughfare" means a thoroughfare primary for cross-town traffic but also carrying a certain level of through traffic.

      D.   "Collector street" means a street, whether within a residential, industrial, commercial, or other type of development, which primarily carries traffic from local access streets to primary and secondary thoroughfares, including the principal entrance and circulation routes within residential subdivisions.

      E.   "Cul-de-sac" means a local street of relatively short length with one end open to traffic and the other end terminating in a vehicular turnaround.

      F.   "Dead-end street" means a street temporarily having one outlet for vehicular traffic and intended to be extended or continued in the future.

      G.    “Local access street” means a street primarily for providing access to residential, commercial, or other abutting property.

   (48)   "Through lot." See "Lot types."

   (49)   "Variance" means a modification of the strict terms of these regulations where such modification will not be contrary to the public interest and where owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of the regulations would result in unnecessary and undue hardship.

   (50)   "Engineer" means that person designated by Council to fulfill the requirements of these regulations, in the professional manner prescribed herein.

   (51)   "Yard" means a required open space other than a court unoccupied and unobstructed by any structure or portion of a structure from three feet above the general ground level of the graded lot upward, provided, accessories, ornaments, and furniture may be permitted in any yard, subject to height limitations and requirements limiting obstruction of visibility.

      A.    "Yard, front" means a yard extending between side lot lines across the front of a lot and from the front lot line to the front of the principal building. (Ord. 333. Passed 12-10-73.)