1272.05 INTERIOR STREETS.
(a) Interior streets shall be constructed according to Municipal specifications, as delineated in the Subdivision Regulations, and properly lighted and maintained to conform with City ordinances. Their minimum paved roadway widths shall ordinarily be as delineated in the Subdivision Regulations and in the Thoroughfare Plan. However, approval of interior access streets with different nonstructural dimensions will be considered by the Planning Commission and Council where the developer can demonstrate compliance with Section 1272.01and receive approval from the Municipal Engineer. Approval of the PUD with such differences will constitute lawful approval of a variance from the Subdivision Regulations. Where streets are not fully constructed in accord with the subdivision regulations and thoroughfare plan, such streets shall be privately owned and maintained, and shall be constructed entirely within a public access easement. All public access easements shall be designated on the general plan, the final development plan, and the record plan for each section of the development.
(b) On the record plan, the following covenant shall appear which establishes the rights and responsibilities of the property owner and the City with regard to public access easements:
(1) To insure the public health, safety and welfare of the citizens of Springboro, private drives constructed within designated public access easements shall be open and accessible to fire, police and other emergency and maintenance vehicles at all times. Street improvements within these easements shall be continuously maintained by the owner in good repair and kept free from all obstructions that would impede the free movement of public traffic, including but not limited to ice, snow and parked vehicles. Where necessary, in accordance with a traffic control plan approved by the City of Springboro, traffic control devices shall be provided and installed by the owner as directed by the City Engineer. To insure compliance with traffic control devices in public access easements, the City of Springboro shall have full power and authority to enforce such controls and to prosecute violations in accordance with the laws of the City and the State.
(2) No public access easement shall be blocked for any purpose without prior approval of the City.
(3) In the event that the owner of a public access easement fails to fulfill the obligations set forth in these covenants, conditions and restrictions, the City of Springboro is hereby authorized, after providing reasonable notice and opportunity for hearing to the property owner, to take such corrective action as it deems necessary, to charge the owner for the entire cost thereof, and in the event of failure of prompt payment, to collect said costs as a special assessment against the property.
(4) Proper drainage within public access easements shall be provided for and maintained in the development and redevelopment of contiguous properties in a manner approved by the City.
(Ord. 02-4. Passed 1-17-02.)