CODIFIED ORDINANCES OF WAKEMAN

CODIFIED ORDINANCES OF WAKEMAN

PART ELEVEN - PLANNING AND ZONING CODE

TITLE ONE - Subdivision Regulations

Chap. 1101. General Provisions.

Chap. 1103. Minor Subdivision Approval.

Chap. 1105. Major Subdivision Approval.

Chap. 1107. Subdivision Standards.

Chap. 1109. Requirements for Construction of Improvements.

Chap. 1111. Planned Unit Development.

Chap. 1113. Revisions; Enforcement; Penalty.

Appendix - Subdivision Forms.

TITLE THREE - Zoning Ordinance

Chap. 1121. Purpose; Title; Authority.

Chap. 1123. Definitions.

Chap. 1125. Districts Established; Map.

Chap. 1127. General Regulations.

Chap. 1129. Amendments.

Chap. 1131. Use, Height and Area Regulations.

Chap. 1133. Administration and Enforcement; Penalty.

Chap. 1135. Planning Commission.

Chap. 1137. Board of Zoning Appeals.

CODIFIED ORDINANCES OF WAKEMAN

PART ELEVEN - PLANNING AND ZONING CODE

TITLE ONE - Subdivision Regulations

Chap. 1101. General Provisions.

Chap. 1103. Minor Subdivision Approval.

Chap. 1105. Major Subdivision Approval.

Chap. 1107. Subdivision Standards.

Chap. 1109. Requirements for Construction of Improvements.

Chap. 1111. Planned Unit Development.

Chap. 1113. Revisions; Enforcement; Penalty.

Appendix - Subdivision Forms.

CHAPTER 1101

General Provisions

1101.01 Title.

1101.02 Purpose.

1101.03 Administration.

1101.04 Jurisdiction.

1101.05 Relation to other laws.

1101.06 Amendments.

1101.07 Separability.

1101.08 Definitions.

1101.01 TITLE.

These regulations shall be known and may be cited and referred to as the "Subdivision Regulations of Village of Wakeman, Ohio, and shall hereinafter be referred to as this Title One.

(Ord. 2000-0-02. Passed 1-24-00.)

1101.02 PLANNING AND ZONING CODE 4

1101.02 PURPOSE.

(a) The purpose of this Title One of Part Eleven - Planning and Zoning Code is to regulate and control the subdivision of land within the Village.

(b) This Title One is intended to:

(1) Promote the proper arrangement of streets and lots, safe and convenient vehicular traffic and pedestrian circulation, and adequate access for services and emergency vehicles;

(2) Plan for the provision of adequate and convenient recreations and open space areas, and other public facilities.

(3) Insure the adequate provision for water, drainage, and sanitary sewer facilities, and other health requirements.

(4) Provide for the orderly development of land to obtain an overall harmonious and stable community environment.

(5) Coordinate land development in accordance with applicable zoning resolutions, and other regulations of the Village and Huron County.

(6) Manage the natural resource base for present and future use on a sustained basis. (Ord. 2000-0-02. Passed 1-24-00.)

1101.03 ADMINISTRATION.

Title One shall be administered by the Village Planning Commission as authorized by the Ohio Revised Code. (Ord. 2000-0-02. Passed 1-24-00.)

1101.04 JURISDICTION.

Title One shall apply to, all subdivisions hereinafter made of all land in the Village.

(Ord. 2000-0-02. Passed 1-24-00.)

1101.05 RELATION TO OTHER LAWS.

The provisions of Title One shall supplement any and all laws of the State of Ohio, resolutions by the county, or any and all rules and regulations promulgated by authority of such law or resolution relation to the purpose and scope of this Title One. Whenever, the requirements of this Title One are at variance with the requirements of other lawfully adopted rules, regulations, ordinances, or resolutions, the most restrictive or that imposing the highest standard shall govern. This Title One shall be interpreted as minimum requirements.

(Ord. 2000-0-02. Passed 1-24-00.)

1101.06 AMENDMENTS.

Title One may be amended after public hearings and other requirements as required by the Ohio Revised Code. (Ord. 2000-0-02. Passed 1-24-00.)

1101.07 SEPARABILITY.

If, for any reason, any clause, sentence, paragraph, section, or other part of Title One should be decided by a court of competent jurisdiction to be invalid, such judgment shall not affect the validity of Title One as a whole, or any part thereof, other than that part so held to be invalid.

(Ord. 2000-0-02. Passed 1-24-00.)

5 General Provisions 1101.08

1101.08 DEFINITIONS.

For this purpose of Title One, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(a) "Block" means the property abutting one side of a street and lying between the two nearest intersecting streets, or between the nearest such street, between any of the foregoing, unsubdivided acreage, and any barrier to the continuity of the foregoing.

(b) "Commission" means the Village of Wakeman Planning Commission.

(c) "Comprehensive or regional development plan" means a plan or any portion thereof adopted by the Village of Wakeman Planning Commission, the Huron County Regional Planning Commission and the Board of County Commissioners showing the general location and extent of present and proposed physical facilities including housing, industrial and commercial uses, major streets, parks, schools, and other community facilities. This plan establishes the goals, objectives and policies of the village and the county.

(d) "County" means Huron County, Ohio.

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

(f) "Crosswalk" means a public right-of-way which cuts across a block in order to provide pedestrian access to adjacent streets or properties.

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

(h) "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.

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

(j) "Engineer" means any person registered to practice professional engineering by the State Board of Registration as specified in Ohio R.C. 4733.14.

(k) "Floodplain" means any lands susceptible to be inundated by water from the base flood, as used this Title One, the term refers to that area designated as subject to flooding from the base flood (100 year flood) on the "Flood Boundary and Floodway Map" prepared by the U.S. Department of Housing and Urban Development, a copy of which is on file in the Planning Department.

(l) "Floodway" means the channel of the watercourse and those portions of the adjoining flood plains which are required to convey the regional flood.

(m) "Floodway fringe" means the area within the regulatory flood plain that is outside the floodway and acts as backwater storage area.

(n) "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.

(o) "Letter of credit" means an engagement by a bank or other person made at the request of the Village Planning Commission, and of a kind within the scope of Ohio R.C. 1305.02, that the issuer will honor drafts or other demands for payment upon compliance with the conditions specified in the credit. The engagement may be either an agreement to honor or a statement that the bank or other person is authorized to honor.

1101.08 PLANNING AND ZONING CODE 6

(p) "Lot" means a parcel of land of sufficient size to meet minimum zoning requirements and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street:

(1) A single lot of record;

(2) A portion of a lot record; or

(3) A combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of records. The word lot includes the words plot or parcel.

(q) "Lot area" means the area of a lot is computed exclusive of any portion of the right-of-way of any public or private street.

(r) "Lot depth" means the mean horizontal distance between the front and rear lines of a lot.

(s) "Lot frontage" means the width of the lot at the street right-of-way.

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

(u) "Lot types." Terminology used in this Title One with reference to corner lots, interior lots and through lots is as follows:

(1) "Corner lot" means a lot located at the intersection of two or more streets. A lot abutting on a curved street shall be considered a corner lot if straight line 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

(2) "Interior lot" means a lot with frontage on only one street

(3) "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.

(4) "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 double frontage lots.

(v) "Major Thoroughfare Plan" means the official Huron County Major Thoroughfare Plan adopted by the Huron County Regional Planning Commission, the Village Planning Commission and the Board of County Commissioners and any amendments properly adopted thereto indicating the general location and pattern recommended for thoroughfares within the County.

(w) "May" is a permissive requirement

(x) "Minor subdivision" means a division of a parcel of land that does not require a plat to be approved by a planning authority according to Ohio R.C. 711.131.

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

(z) "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, swimming pools, tennis courts, any other recreational facilities that the planning commission deems permissive. Streets, structures for habitation, and the like shall not be included.

(aa) "Original parcel" means that contiguous land under the same ownership as recorded in the County's Recorder's Office at the passage of this Title One on March 13, 2000.

(bb) "Parcel" means any piece of land described by a current deed.

7 General Provisions 1101.08

(cc) "Performance bond or surety bond" means an agreement by a subdivider or developer with the village for the amount of the estimated construction cost guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by the subdivider's agreement.

(dd) "Person" includes a firm, association, organization, partnership, trust, company or corporation.

(ee) "Planned Unit Development" means an area of land in which a variety of housing types or related commercial and industrial facilities are accommodated in a preplanned environment under more flexible standards such as lot sizes and setbacks other than regulations. The procedure for approval of such development contains requirements in addition to those of the standards subdivision, such as building design principles and landscaping plans.

(ff) "Plat" means a map or drawing showing the plan of subdivision of a tract or parcel of land.

(1) "Preliminary plan" means the map or set of maps which presents the proposed subdivision design, along with all of the information required in this chapter which enables the Commission to accurately review the proposal. Approval of the preliminary plan entitles the subdivider to prepare a final plat for construction and recording of the subdivision.

(2) "Final plat" means the map or set of maps which presents all data required by this Title One and bears substantial conformance to the Preliminary Plan. When approved, said plat is signed by the Commission and other appropriate officials or agencies and is recorded by the County Recorder as a permanent record as defined in the Huron County Flood Damage Prevention and Flood Plan Building Regulations.

(gg) "Public way" means an alley, avenue, boulevard, bridge, channel, ditch, easement, expressway, freeway, highway, parkway, right-of-way, road, sidewalk, street, subway, tunnel, viaduct, land, walk, or other ways in which the general public or a public entity has a right or which are dedicated thus, whether improved or not.

(hh) "Regional flood" means a flood having an average frequency of occurrence on the order of once in 100 years, although the flood may occur in any year.

(ii) "Regulatory flood plain" means a body of water and adjoining areas which have been or hereafter may be covered by the regional flood.

(jj) "Right of way" means a strip of land taken or dedicated for use as a public or private way. In addition, it normally incorporates the curbs, lawn strips, sidewalk, lighting, and drainage facilities, and may also include special features required, such as landscaped area, viaducts and bridges.

(kk) "Roadway" means that portion of a highway, including shoulders, for vehicle use.

(ll) "Setback line" means a line established by this chapter or the zoning resolution, generally parallel to and measured from the lot line, defining the area in which no building, other accessory building, or structure may be located above ground, except as may be provided in said codes.

(mm) "Sewers, central or group" means a sewage disposal system approved by the Village of Wakeman which provides a collection network and disposal system and central sewage treatment facility for a single development, community, or region.

(nn) "Sewers, onsite" means a septic tank or similar installation on an individual lot serve and individual dwelling which utilizes physical and bacteriologic processes for the treatment of sewage and provides for the proper and safe disposal or discharge of the effluent, subject to the approval of the Village of Wakeman.

1101.08 PLANNING AND ZONING CODE 8

(oo) "Shall" is a mandatory requirement.

(pp) "Should" is a preferred requirement.

(qq) "Subdivider" means any individual, developer, firm, association, syndicate, partnership, corporation, trust, or any other legal entity commencing proceeding under this chapter to affect a subdivision of land hereunder for himself or for another.

(rr) "Subdivision" means:

(1) The division of any parcel of land shown as a unit or as contiguous units on the 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 land into parcels of more than five acres each not involving any new street or easements of access, and the sale or exchange does not create additional building sites, shall be exempt; or

(2) The improvement of one or more parcels of land for residential, commercial or industrial 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 facilities.

(ss) "Surveyor" means any person registered to practice surveying by the State Board of Registration, as specified in Ohio R.C. 4733.14.

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

(1) "Local collector street" means a street or road providing for traffic movement between arterial streets or routes and residential streets. Local collectors provided for the internal traffic movement within residential subdivisions.

(2) "Major thoroughfare" means a highway for through traffic usually on a continuous route. Provides for through traffic movement primarily between areas in the village. Secondary routes connect all important industrial, business, and residential areas in the county.

(3) "Residential street" means a street or road primarily providing access to abutting property.

(4) "Secondary thoroughfare" means a street or road providing traffic movement between collector streets and routes

(5) "Special streets."

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

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

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

9 General Provisions 1101.08

D. "Loop street" means a type of local street, each end of which terminates at an intersection with the same arterial or collector street, and whose principal radius points of the 180 degree system of turns are not more than 1000 feet from said arterial or collector street, nor normally more than 600 feet from each other.

E. "Marginal access street" means a street parallel and adjacent to an arterial or collector street, providing access to abutting properties and protection from arterial or collector streets.

(uu) "Use or occupied" includes the words intended, designed, or arranged to be used or occupied.

(vv) "Variance" means a modification of the strict terms of the relevant regulation 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 a practical difficulty.

(ww) "Vicinity 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 developments or landmarks and community facilities and services within the village in order to better locate and orient the area in question.

(xx) "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 or visibility.

(1) "Yard, front" means a yard extending between side lot lines across the front of a lot and from the lot line to the front of the principal building.

(2) "Yard, rear" means a yard extending between side lot lines across the rear of a lot and from the rear lot line to the rear of the principal building.

(3) "Yard, side" means a yard extending from the principal building to the side lot line on both sides of the principal building between the lines establishing the front and rear yard. (Ord. 2000-0-02. Passed 1-24-00.)

CHAPTER 1103

Minor Subdivision Approval

1103.01 Outline of procedure. 1103.02 Submission requirements.

1103.01 OUTLINE OF PROCEDURE.

Whenever a division of a parcel of land shown as a unit on the last preceding tax roll (duplicate) is proposed along an existing public street not involving the opening, widening, or extension of any street or road, and involving no more than five lots, the said division shall be submitted to the Commission for action without a plat. If the Commission is satisfied that such proposed division is not contrary to applicable platting, subdividing, or zoning regulations, it shall within 60 days after submission approve such proposed division. On presentation of a conveyance of said parcel, the same shall be stamped "Approved, Wakeman Village Planning Commission" and signed by a member of the Commission. (Ord. 2000-0-02. Passed 1-24-00.)

1103.02 SUBMISSION REQUIREMENTS.

(a) An affidavit form shall be obtained from the Village Planning Commission.

(b) A Survey shall be prepared as outlined in affidavit form.

(d) The Planning Commission Review Board shall be requested to check lot for

conformity with zoning resolution and sign the form, if approved.

(e) An affidavit for, signed deed (completely executed), and two copies of survey

(sketch) shall be brought to the Planning Office.

(f) There is a twenty-five dollar ($25.00) processing fee for each deed and the check should accompany the document at the time of submission.

(Ord. 2000-0-02. Passed 1-24-00.)

CHAPTER 1105

Major Subdivision Approval

1105.01 Informal consultation.

1105.02 Preliminary plan required.

1105.03 Preliminary plan form.

1105.04 Preliminary plan contents.

1105.05 Supplementary information.

1105.06 Filing of the preliminary plan.

1105.07 Review and approval of

preliminary plan.

1105.08 Approval period.

1105.09 Final plat required.

1105.10 Application for approval of

final plat.

1105.11 Regulation governing

improvement.

1105.12 Final plat form.

1105.13 Final plat contents.

1105.14 Certificate of approval.

1105.15 Filing of the final plat.

1105.16 Review and approval of

final plat.

1105.17 Transmittal of copies.

1105.18 Replats, subdivision vacations,

plat of streets, open spaces

and easements for public

utilities.

1105.01 INFORMAL CONSULTATION.

Prior to the preparation of the preliminary plan of a subdivision, the subdivider or his agent may consult informally with the Planning commission, and the Huron County Regional Planning staff in order to familiarize himself with the Subdivision Regulations.

(Ord. 2000-0-02. Passed 1-24-00.)

1105.02 PRELIMINARY PLAN REQUIRED.

The subdivider shall submit nine copies of the preliminary plan of the proposed subdivision which shall conform to all requirements established in Section 1105.04, inclusive of this chapter. The preliminary plan shall not serve as a record plat; its purpose shall be to display the proposal in its proper context and, thus, enable the Commission to determine its merit based upon aspects of proper planning and the public welfare and interest.

(Ord. 2000-0-02. Passed 1-24-00.)

1105.03 PRELIMINARY PLAN FORM.

The preliminary plan shall be drawn on one or more sheets 22 inches by 32 inches size at a scale of not less than 100 feet to the inch. No ditto marks shall be used.

(Ord. 2000-0-02. Passed 1-24-00.)

1105.04 PLANNING AND ZONING CODE 14

1105.04 PRELIMINARY PLAN CONTENTS.

The preliminary plan, shall contain the following information:

(a) Proposed name of the subdivision which shall not duplicate or closely approximate the name of any other subdivision, street or business in the Village;

(b) Location by section (or great lot or tract), Village, Range, County and State;

(c) Names, addresses and telephone numbers of the owner(s), subdivider(s), and the surveyor(s), who prepared the plan, and appropriate registration numbers and seals;

(d) Date of survey, scale of plat, north point;

(e) A legible vicinity map shall be provided which indicates the relationship of the subdivision to its surrounding. This map shall display all existing subdivisions, roads, tract lines, and the nearest existing thoroughfares;

(f) Boundaries of the subdivision, amount of acreage in lots, streets, open spaces, etc., and the total acreage;

(g) Names of adjacent subdivisions, owners of adjoining parcels of unsubdivided land and boundary lines of said contiguous properties;

(h) Locations, widths, centerlines, and names of all existing or platted streets, public or private, utility rights-of way, easements, parks, permanent buildings and location of wooded areas and other significant topographic and natural features within adjacent to the plat;

(i) Zoning classification of the tract and adjoining properties and a description of proposed zoning changes, if any;

(j) Existing contours at an interval of not more than two feet;

(k) Location of existing sewers, drainage tile, water mains, culverts, or other underground utilities within the tract or adjacent thereto, with pipe sizes, depth, and grade indicated; also location of existing and proposed easements;

(l) Location, names and dimensions of existing and proposed streets, alleys, crosswalks, and other easements. Names shall not duplicate any existing street name in the Village of Wakeman;

(m) All building setback lines with dimensions shown graphically along all streets;

(n) Location and dimensions of all proposed utility and sewer lines (including easements), showing their connections with existing systems.

(o) The connection to available central facilities shall be mandatory;

(p) Soils information including soil types, locations and engineering properties related to intended uses should be identified on the plat for existing soils or proposed fill source. In addition, soil capabilities and limitations for the intended land use shall appear. This information can be obtained at no charge from the Huron County Soil and Water Conservation District;

(q) Layout, numbers and approximate dimensions of each lot;

(r) Parcels of land in acres to be reserved for public use or to be reserved by covenant for residents of the subdivision; and;

(s) High water levels in vicinities of lakes, streams, ponds and other natural bodies of water;

(t) Completions of the checklist as 2 of the Appendix following this Title One and available from the Commission will assist the subdivider in meeting the preliminary plan information. (Ord. 2000-0-02. Passed 1-24-00.)

15 Major Subdivision Approval 1105.06

1105.05 SUPPLEMENTARY INFORMATION.

(a) The following information shall be supplied in addition to the requirements in Section 1105.04:

(1) Statement of proposed use of lot, giving types and number of dwelling units and type of business or industry;

(2) Location and approximate dimensions of all existing buildings;

(3) A conceptual plan for commercial and industrial development showing the locations, dimensions, and approximate grade of proposed parking and loading areas, alleys, pedestrian walk-ways, streets, and the points of vehicular ingress and egress to the development; and

(4) Description of proposed covenants and restrictions;

(b) The subdivider must submit a narrative and where needed a drainage plan which will meet the following standards for drainage and storm water management:

(1) To the extent practicable, all developments shall conform to the natural contours of the land and natural pre-existing man-made drainage ways shall remain undisturbed.

(2) To the extent practicable, lot boundaries shall be made to coincide with natural and pre-existing man-made drainage ways within subdivisions to avoid the creation of lots that can be built upon only by altering such drainage ways.

(3) All developments shall be provided with a drainage system that is adequate to prevent the undue retention of surface water on the development site. Surface water shall not be regarded as unduly retained if;

A. The retention results from a technique, practice or devise deliberately installed as part of an approved sedimentation or storm water runoff control plan; or

B. The retention is not substantially different in location or degree than that experienced by the development site in its pre-development stage, unless such retention presents a danger to health or safety.

(4) All developments shall be constructed and maintained so that adjacent properties are not unreasonably burdened with surface waters as a result of such developments. More specifically:

A. No development may be constructed or maintained so that such a development unreasonably impedes the natural flow of waters.

B. No development may be constructed or maintained so that surface water from such development are unreasonably collected and channeled onto lower adjacent properties at such locations or at such volumes are to cause substantial damage to such lower adjacent properties. (Ord. 2000-0-02. Passed 1-24-00.)

1105.06 FILING OF THE PRELIMINARY PLAN.

The application for a preliminary plan approval shall be considered officially filed on the day it is received by the Commission and shall be so dated. The application shall include the preliminary plan, the preliminary plan questionnaire and the application form for preliminary plan approval. The Commission staff shall notify the subdivider of any additional data required and Commission action may be delayed until said data is received. Filing shall be at least fourteen days prior to the Commission meeting at which the plan is to be reviewed. Any plat received less than fourteen days prior to the Commission meeting shall be discussed at the succeeding Commission meeting. A fee, as specified in the Section 1113.06, shall be required for the filing of the preliminary plan. (Ord. 2000-0-02. Passed 1-24-00.)

1105.07 PLANNING AND ZONING CODE 16

1105.07 REVIEW AND APPROVAL OF PRELIMINARY PLAN.

(a) The Village Planning Commission shall forward copies of the preliminary

plan to the consulting engineer and other officials and agencies as may e necessary for the purpose of study and recommendation.

(b) The subdivider, or his agent, may be required to meet with certain agencies

and the Commission staff to discuss pertinent problems. All corrections or clarification agreed upon during such meetings shall be incorporated either in the preliminary plan drawing or in subsequent plans as approved by the Commission. (Ord. 2000-0-02. Passed 1-24-00.)

1105.08 APPROVAL PERIOD.

The approval or conditional approval of the preliminary plan shall be effective for a maximum period of twenty-four months from date of approval or conditional approval and shall guarantee that the terms under which the approval was granted will not be affected by changes to this chapter. The subdivider may submit a request in writing for extension of this approval to the Village Planning Commission. (Ord. 2000-0-04. Passed 1-24-00.)

1105.09 FINAL PLAT REQUIRED.

The subdivider, having received the approval of the preliminary plan from the Village Planning Commission, shall submit the final plat of the subdivision along with the required drawings and specifications of improvements. Said final plat shall incorporate all changes in the preliminary plan as required by the Commission. Otherwise, it shall conform to the preliminary plan; and it shall constitute only that portion of the approved preliminary plan which the subdivider proposes to record and develop at the time. The final plat shall be prepared by a qualified registered surveyor and the construction improvements by a qualified registered engineer.

(Ord. 2000-0-02. Passed 1-24-00.)

1105.10 APPLICATION FOR APPROVAL OF FINAL PLAT.

An application for approval of the final plat, together with nine copies of the plat and the supplementary information specified hereinafter, shall be submitted to the Commission.

(Ord. 2000-0-02. Passed 1-24-00.)

1105.11 REGULATION GOVERNING IMPROVEMENT.

(a) The final plat drawings shall be prepared by a registered surveyor and specifications

of improvements shall be a set of construction and utility plans prepared by a registered engineer. Said plans shall be submitted to the responsible officials and agencies as outlined in Section 1107.01 through 1107.22.

(b) Prior to the granting of approval of the final plat, the subdivider shall have installed

the required improvements or shall have furnished a performance guarantee for the ultimate installation of said improvements.

The requirements, approval and length of term for the performance guarantee shall

be administered by the appropriate Village official, as established by Section 1109.22.

(Ord. 2000-0-02. Passed 1-24-00.)

17 Major Subdivision Approval 1105.14

1105.12 FINAL PLAT FORM.

The final plat shall be legibly prepared in water proof ink, mylar or other material of equal permanence. It shall be drawn at a scale of not less than 100 feet to the inch and shall be one or more sheets 22" X 32" in size, with ½" border and 1 ½ binding left edge. If more than one sheet is needed, each sheet shall be numbered and the relation of one sheet to another clearly shown. No ditto marks or abbreviations shall be used on the plat. (Ord. 2000-0-02. Passed 1-24-00.)

1105.13 FINAL PLAT CONTENTS.

The final plat shall contain the following information:

(a) Name of the subdivision, location by section (or great lot), County and State;

(b) Date, north point and acreage;

(c) Name and address of the subdivider, the professional engineer who prepared the improvement plans, and the registered surveyor who prepared the plat and the appropriate registration numbers and seals;

(d) Center lines of streets and rights-of-way of streets, alleys, easements with accurate dimensions, bearings, or deflection angles and radii, arcs and central angles of all curves. Linear dimensions shall be expressed by bearings and distances in feet and hundredths thereof. All dimensions, both linear and angular, are to be determined by an accurate control survey in the field which must balance and close within the limit of the minimum standards of the Ohio R.C. 4733.37;

(e) Names of existing and proposed streets or other rights-of-way;

(f) Location and purpose of easements;

(g) Number to identify each lot, site or block. All lots and blocks shall be numbered progressively;

(h) Dedication of streets, reserved areas, or other applicable areas within boundaries of the plat;

(i) Excepted parcels or lots which shall be marked "Not Included in Plat" and the boundaries of which shall be completely described by courses and distances;

(j) Minimum building setback lines on all lots and other sites displayed graphically with dimensions from street lines;

(k) Accurate location and description of all monuments;

(l) Previous lots or blocks and their numbers indicated by relatively thinner lines (in the case of a replat);

(m) A copy of any restrictive covenants in form for recording shall be presented with the final plat to the Commission; and

(n) Flood hazard information of the area as required.

(Ord. 2000-0-02. Passed 1-24-00.)

1105.14 CERTIFICATE OF APPROVAL.

(a) The following certifications shall be placed on the final plat and are mandatory for

the final approval and recording of the plat;

(1) Certification by a registered surveyor to the effect that the plat represents an accurate survey and that all monuments shown thereon actually exist and that their location is shown correctly;

(2) Notarized certification of ownership of the land being platted and acknowledgment and adoption of the plat and dedication of streets and open spaces;

(3) Certification of approval by the Village Council where new street construction is involved;

1105.15 PLANNING AND ZONING CODE 18

(4) Certification of approval by the Village Planning Commission.

(5) Certification of approval by the Village Council;

(6) Certification of approval by the Auditor of Huron County stating that all taxes and assessments on the land in the subdivision have been paid;

(7) Certification of County Recorder;

(8) Certification by the Consulting Engineer, and the Village Council, where the construction of streets and other improvement are required, and the subdivider has complied with one of the following alternatives;

A. All improvements have been installed in accordance the requirements of this chapter and in accordance with any other recommendations of the consulting engineer, and the Commission; or

B. A financial guarantee has been posted with the proper agency in sufficient amount to insure completion of all required improvements.

(9) Such other certificates, affidavits, endorsements, or dedications as may be required by the Commission in the administration of the regulations.

(b) The checklist attached as Appendix 5, Section 1 will assist the subdivider in meeting

final plat information requirements. (Ord. 2000-0-02. Passed 1-24-00.)

1105.15 FILING OF THE FINAL PLAT.

(a) The final plat shall be filed with the Commission not later than twenty-four months after the date of approval or conditional approval of the preliminary plan; otherwise, it will be considered void unless an extension is requested by the subdivider and granted in writing by the Commission.

(b) The final plat shall be filed at least fourteen days prior to the Commission meeting at which said plat is to be reviewed. The final plat shall be considered officially filed on the day it is received and accepted by the Commission and shall be so dated.

Final plat. (Ord. 2000-0-02. Passed 1-24-00.)

1105.16 REVIEW AND APPROVAL OF FINAL PLAT.

(a) The Commission, at its meeting, shall approve, conditionally approve, or disapprove, the final plat within forty-five days after it has been filed. If the plat is disapproved, the grounds for disapproval shall be stated in the records of the Commission, and a copy of said record shall be forwarded to the subdivider. If conditionally approved, the subdivider shall make the necessary corrections and resubmit the final plat for final approval to the Planning Commission within ninety days. Therefore, in all cases the subdivider shall be informed in writing of the action of the Commission.

(b) If a plat is disapproved by the Commission, the subdivider of said plat may file a

petition within thirty days after such disapproval in the Court of Common Pleas of Huron County to appeal the action of the Commission. (Ord. 2000-0-02. Passed 1-24-00.)

19 Major Subdivision Approval 1105.18

1105.17 TRANSMITTAL OF COPIES.

When a final plat has been approved and all conditions for approval have been satisfied, the Chairman of the Planning Commission and the mayor shall sign the certificate of approval on the original tracing and return it to the subdivider. The subdivider shall submit a copy of the approved plat at this time. It shall be the responsibility of the subdivider to gain all necessary certifications before filing the plat with the County Recorder. After the plat is recorded, the original plat or a mylar reproduction shall be filed with the Village Clerk.

(Ord. 2000-0-02. Passed 1-24-00.)

1105.18 REPLATS, SUBDIVISION VACATIONS, PLAT OF STREETS, OPEN

SPACES AND EASEMENTS FOR PUBLIC UTILITIES.

(a) A subdivider proposing the resubdivision of a plat previously recorded in the Office

of the County Recorder shall follow the same procedure as for a new plat, except that a preliminary map may not be required if changes in street alignment or like changes are not included in the proposal.

(b) Proposals of subdivision abandonment; plats of street openings, widening, and

extensions; open spaces for common use by owners, occupants, or leaseholders; and easements for extension and maintenance of public sewer, storm water drainage, or other public utility shall have the same plat requirements as stated above. Provisions for the subdivision of land for use by utility companies shall be considered on the basis of the special conditions in each case. Primary consideration of any proposed use shall be that it is not detrimental to the area in which the property is located. (Ord. 2000-0-02. Passed 1-24-00.)

CHAPTER 1107

Subdivision Standards

1107.01 General statement.

1107.02 Conformity to development

plans and zoning.

1107.03 General layout of streets.

1107.04 Suitability of land.

1107.05 Street design.

1107.06 Streets design standards for

cul-de-sac.

1107.07 Rights-of-way for all streets.

1107.08 Horizontal alignment.

1107.09 Vertical alignment.

1107.10 Intersection design standards.

1107.11 Special street types.

1107.12 Streets for commercial and

industrial subdivisions.

1107.13 Street vacation.

1107.14 Name of streets.

1107.15 Blocks.

1107.16 Lots.

1107.17 Easements.

1107.18 Storm drainage.

1107.19 Public sites, open spaces and

natural features.

1107.20 Soil erosion requirements.

1107.01 GENERAL STATEMENT.

(a) The regulations in this chapter shall control the manner in which streets, lots, and other elements of a subdivision are arranged on the land. These design controls shall help insure convenience and safe streets, the creation of usable lots, the provision of space for public utilities, and the reservation of land for recreational uses. The planning of attractive and functional neighborhoods shall be promoted minimizing the undesirable features of unplanned haphazard growth.

(b) The Village Planning Commission has the responsibility for reviewing the design of each future subdivision early in its design development. The Commission shall insure that all of the requirements of this chapter are met. (Ord. 2000-0-02. Passed 1-24-00.)

1107.02 CONFORMITY TO DEVELOPMENT PLANS AND ZONING.

(a) The Arrangement, character, and location of all arterial and collector thoroughfares or extensions thereof shall conform with the Major Thoroughfare Plan and Comprehensive Plan. Thoroughfares not contained in the aforementioned plan shall conform to the recommendation of the Commission based upon the design standards set forth in Sections 1107.03 through 1107.13, inclusive.

1107.03 PLANNING AND ZONING CODE 22

(b) In addition, no final plat of land within the are in which an existing zoning resolution is in effect shall be approved unless it conforms with such resolution.

(Ord. 2000-0-02. Passed 1-24-00.)

1107.03 GENERAL LAYOUT OF STREETS.

(a) Cul-de-sacs and loop streets are encouraged so that through traffic on residential

streets is minimized. Similarly, to the extent practicable, driveway access to collectors streets shall be minimized to facilitate the free flow of traffic and avoid traffic hazards.

(b) Residential driveway access shall not be permitted to regional, major or secondary

thoroughfares as designated on the major thoroughfare plan and the comprehensive plan for major subdivisions.

width) shall not be permitted except where such streets, when combined with a similar street (developed previously or simultaneously) on property adjacent to the subdivision, creates or comprises a street that meets the right-of-way and pavement requirement.

(d) Street shall be laid out so that residential blocks do not exceed 1,000 feet, unless no other practicable alternative is available. (Ord. 2000-0-02. Passed 1-24-00.)

1107.04 SUITABILITY OF LAND.

If the Commission finds that land proposed to be subdivided is unsuitable for subdivision development considering but not limited to flooding, poor drainage, topography, soils, inadequate water supply or sewage disposal, transportation facilities, and other such conditions which may endanger health, life, or property and, if from investigations conducted by the public agencies concerned it is determined that in the best interest of the public the land should not be developed for the purpose proposed, the Commission shall not approve the land for subdivision unless adequate methods are advanced by the subdivider for solving the problems that will be created by the development of the land. (Ord. 2000-0-02. Passed 1-24-00.)

1107.05 STREET DESIGN.

The arrangement, character, extent, width, grade construction, and location of all streets shall conform to the major thoroughfare plan. All streets shall be considered in their relation to existing and planned streets, topographical conditions, public convenience and safety, and the proposed uses of the land to be served by such streets. The circulation pattern shall discourage thorough traffic in the interior of a subdivision. The subdivider shall provide, within the boundaries of the subdivision plat, the necessary right-of-way for the widening, continuance, or alignment of such streets in conformity with the Major Thoroughfare Plan. The Commission reserves the right to disapprove any street plan which does not insure continuity of existing street systems. (Ord. 2000-0-02. Passed 1-24-00.)

1107.06 STREETS DESIGN STANDARDS FOR CUL-DE-SACS.

The maximum length of a cul-de-sac shall be 1,000 feet measured to the center of the radius of the turnaround unless otherwise approved by the Commission. The terminal shall be a circular area with a minimum radius of 42 feet measured from a point on the street centerline.

(Ord. 2000-0-02. Passed 1-24-00.)

23 Subdivision Standards 1107.09

1107.07 RIGHTS-OF-WAY FOR ALL STREETS.

The rights-of-way for thoroughfares shall be in accordance with the major thoroughfare plan, and the minimum requirements shall be as follows:

Street Type R/W width (feet)

Arterial/main street 60

Local collector street 60

Residential street 60

Special streets:

Cul-de-sac 42 (radius)

Marginal access street 50

(Ord. 2000-0-02. Passed 1-24-00.)

1107.08 HORIZONTAL ALIGNMENT.

(a) Horizontal street curves shall have the following minimum radii of centerline

curvature:

Street Type Minimum Radii (feet)

Arterial/main collector streets 300

Residential streets 100

(b) A minimum tangent of at least 100 feet shall be provided between reversed curves

on all residential street; greater tangential lengths shall be required on collector and arterial streets and other high order thoroughfares.

following situations:

(1) When a collector or residential street's lines deflect from each other at any point by more than ten degrees, they shall be connected by a curve with a radius adequate to insure a sight distance of not less than 200 feet or with such greater radius as the Commission may deem necessary for the particular situation.

(2) For arterial streets, curves with radii adequate to insure longer sight distances may be required by the Commission.

(Ord. 2000-0-02. Passed 1-24-00.)

1107.09 VERTICAL ALIGNMENT.

(a) Vertical street profiles shall conform to the grades listed below. All deviation shall

be approved by the consulting Engineer.

(b) (1) Arterial/main streets: maximum grade - 48%

(2) Collector and residential streets and alleys: maximum grade 6%:

(3) Intersection approaches: maximum grade - 4% (for at least 100ft)

(4) Rate of change of grade: maximum grade - 4%; and

(5) Minimum grade: 0.40% (Ord. 2000-0-02. Passed 1-24-00.)

1107.10 PLANNING AND ZONING CODE 24

1107.10 INTERSECTION DESIGN STANDARDS.

(a) Proposed streets shall intersect one another as nearly at right angles as topography or other limiting factors will permit.

(b) No intersection or streets at angles less than eighty degrees shall be approved unless

justified by extreme topographical conditions. In such a case, special provisions as deemed necessary by the Commission shall be made in designing the intersection to afford a satisfactory sighting of approaching vehicles from each intersecting street.

(c) Residential street intersections shall be rounded with a thirty foot radius measured at the back of curbs, if such intersections occur at right angles. Under the same condition and measured similarly, all other intersections shall be founded with a radius deemed appropriate by the Commission. If an intersection at an angle less than thirty degrees in unavoidable, the radius of curvature shall be such as to allow vehicles, especially trucks and buses, to make right turns and proceed in the proper lane without crossing the centerline of a two land thoroughfare.

(d) Street jogs at intersections with centerline offsets shall be avoided.

(Ord. 2000-0-02. Passed 1-24-00.)

1107.11 SPECIAL STREET TYPES.

The following requirements shall apply to special street types:

(a) Permanent dead-end streets shall not be permitted. Temporary dead-end streets shall be permitted only as a segment of a continuing street plan subject to extension into undeveloped acreage. Temporary dead-end street shall extend to the boundary of such undeveloped acreage and shall be provided with an interim turnaround satisfactory to the Commission in design. The Commission shall reserve the right to limit the length of such a dead-end street based on principles of proper planning, and the Commission may require a street along the boundary between a proposed subdivision and the undeveloped acreage to provide for future development.

(b) The dedication of new half-streets shall not be permitted. If a parcel to be subdivided exists adjacent to a dedicated or platted and recorded half-width street or alley, the other half-width of such street or alley falling within the proposed subdivision shall be platted, providing that in the opinion of the Commission such right-of-way is necessary for the proper development of the area.

(c) Easement or reserve strips controlling access to streets shall be prohibited except where deemed necessary by the Commission and where their control is definitely placed with the County.

(d) In subdividing land along existing streets or roads and within a proposed subdivision, provisions for the dedication of land for one or more access streets to undeveloped land not fronting on an existing street or road shall be incorporated. Said access streets shall be spaced not less than 800 feet nor more than 1,400 feet apart.

(e) Alleys shall not be approved in subdivisions except where justified by extreme conditions.

(f) In subdividing land along regional, major or secondary thoroughfares, as designated on the major thoroughfare plan, access should be limited by incorporating one of the following into design of the subdivision:

(Ord. 2000-0-02. Passed 1-24-00.)

25 Subdivision Standards 1107.15

1107.12 STREETS FOR COMMERCIAL AND INDUSTRIAL SUBDIVISION.

Streets in commercial and industrial subdivisions shall be so planned as to minimize conflict between vehicular and pedestrian movement. Such streets shall connect with arterial streets so as not to generate excess traffic on residential streets. The Commission may require marginal access streets in such subdivisions to provide maximum safety and convenience.

(Ord. 2000-0-02. Passed 1-24-00.)

1107.13 STREET VACATION.

The Commission shall not recommend the vacation of any street dedicated to and accepted by the public if such vacation will adversely affect the proper functioning of the existing street system or any future street plans prepared by, or approved by Commission.

(Ord. 2000-0-02. Passed 1-24-00.)

1107.14 NAME OF STREETS.

(a) Name of streets shall not duplicate nor by confusingly similar to the name of any

other street or business in the Village. New streets which are extensions of, or in alignment with existing streets shall bear the name of the existing streets.

(b) All new streets shall be named in the following manner, subject to the approval of the Commission

General Direction Long Short*

North-South Street Place

East-West Avenue Court

Diagonal Road Way

Curving Drive Lane or Circle

*Less than 1,000 feet long, permanent length

(Ord. 2000-0-02. Passed 1-24-00.)

1107.15 BLOCKS.

The following regulations shall govern the design and layout of blocks:

(a) The arrangement of blocks shall conform to the street design criteria set forth in Sections 1107.04 through 1107.13, inclusive.

(b) Blocks shall be arranged to accommodate lots and building sites of the size and character required by this chapter and any applicable zoning resolution, to provide for adequate opportunities of topography.

(c) Irregularly-shaped blocks, those intended for cul-de-sacs and loop streets, and those containing interior park playgrounds may be approved by the Commission, if properly designed and located.

(d) Where blocks are more than 900 feet in length, a crosswalk easement not less than ten feet in width at or near the halfway point of the block may be required.

(e) Blocks intended for commercial and industrial subdivisions shall be designed specifically for such purposes and shall include adequate provisions for parking, loading and delivery services. Such blocks shall not be less than 250 feet in width nor less than 500 feet in length. (Ord. 2000-0-02. Passed 1-24-00.)

1107.16 PLANNING AND ZONING CODE 26

1107.16 LOTS.

The following regulations shall govern the design and layout of lots.

(a) The lot arrangement and design shall be such that all lots will provide satisfactory building site, properly related to topography and the character of surrounding development.

(b) All lots shall conform to the Zoning Ordinance.

(d) All side lots should be straight lines and should be at right angles to street lines or radial to curved street lines except where the Commission determines that a variation would benefit the public interest. (Ord. 2000-0-02. Passed 1-24-00.)

1107.17 EASEMENTS.

Where utilities are located outside street right-of-way lines, easements at lest 20 feet in width centered along rear or side lot lines shall be provided. All easements locations shall be approved by the utility company involved; and, where necessary, easements of greater width may be required by the Commission. Easements shall also be provided along every water course, storm sewer, or drainage channel within a subdivision as provided in this section.

(Ord. 2000-0-02. Passed 1-24-00.)

1107.18 STORM DRAINAGE.

(a) Design of the storm water management system shall be consistent with general and

specific concerns of the comprehensive plan and standards established by the consulting engineer. Design shall be based on environmentally sound site planning and engineering techniques.

(b) The best available technology shall be used to minimize off-site storm water runoff,

increase on-site infiltration, encourage natural filtration function, simulate natural drainage systems, and minimize off site discharge of pollutants to ground and surface water. Best available technology may include measures such as retention basins, recharge trenches, porous paving and piping, contour terraces and swales.

drainage in and adjacent to his property.

(d) When necessary, outlet ditches of closed sewers of an approved type and size shall

be required as part of the construction. If same is across private property, rights-of-way or easements must be obtained by the subdivider or developer for the construction and future maintenance. These rights-of-way or easements shall be shown on the construction plans. Two copies of the above easement shall be furnished to the Village Council.

(e) Upon request by the village planning commission, the subdivider or developer will

submit a topographical plan of storm drainage improvement, with all areas shown that are tributary to the improvement.

(f) The preferred runoff patter shall be towards the street. The design of streets and

grading shall be such that runoff from roofs driveways and other impervious surfaces will be collected in ditches or gutters in short funs 300 feet to 400 feet in length. The runoff shall than be diverted from the surface into storm sewers or a natural watercourse. Street shall be located away from watercourses unless storm sewers are to be installed.

27 Subdivision Standards 1107.19

(g) The subdivider shall guard against the creation or continuation of swampy areas or

stagnant pools. The Commission may require fill, swale, or channel improvements in order to forestall such problems.

(h) Adequate measures for the protection of open and closed drainage channels shall be provided. Maintenance easements of up to 75 feet from the top of the bank on open channels, and up to 50 feet from the centerline of the conduit for closed channels, shall be required by the consulting engineer.

(i) Open watercourses through the platted subdivision shall be cleaned. The bottom

shall be dipped of sediment and a uniform width constructed. The side slopes shall be cleaned of brush an sloped to no steeper than 2:1 and seeded.

(j) The channel downstream of the subdivision shall be improved adequately by the

developer to convey the storm runoff from the subdivision and across the adjacent property owner so that damages from flooding are minimized. Property lines shall be so designed as to follow drainage easements, except that such easements may cross lots larger that one acre.

(k) No water course shall be altered in such a way as to change the amount of direction

of flow; no fill, building, or structures shall be situated in natural water courses unless provision is made for the flow of water in a manner satisfactory to the consulting engineer.

(Ord. 2000-0-02. Passed 1-24-00.)

1107.19 PUBLIC SITES, OPEN SPACES AND NATURAL FEATURES.

(a) Where a park, playground, school, public access to water frontage, or other public

uses, which are contained within the comprehensive plan, are located in whole or in part in a proposed subdivision, the Commission shall request the dedication of such area within the subdivision or that provision be made for the acquisition of such area by the proper agency within a period of two years or other mutually accepted period.

(b) The Commission in conjunction with the Village Council may require land to the

amount of three percent (3%) of the land included in the plan of the subdivision be conveyed to the Village for park purposes. In lieu of the conveyance for park purposes, the Commission may in conjunction with the Village require the subdivider to pay one hundred dollars ($100.00) per lot created by the subdivision to be used for improvements to park land in the Village. Upon the sale of the first lot within the subdivision, the subdivider shall pay the Village five hundred dollars ($500.00) for the first five lots. The above shall be repeated for each group of five lots or part thereof. If less than five lots are to be developed, the amount to be paid shall be one hundred dollars ($100.00) per lot for the total number of lots less than five.

Commission may require the consideration be given to sites for parks, playgrounds, and other such areas for common use and that provisions be made for such reservation or acquisition by the proper agency.

1107.20 PLANNING AND ZONING CODE 28

(d) The Commission may reserve the right to deny approval to a subdivision if such a subdivision disregards the preservation of natural features which add value to a residential development and the community, such as wooded areas, water courses, beaches, areas of natural or historical significance and similar irreplaceable assets as described in the comprehensive plan.

(Ord. 2000-0-02. Passed 1-24-00.)

1107.20 SOIL EROSION REQUIREMENTS.

(a) In the development of a subdivision, the developer shall not cause or allow earth-

disturbing activities on a development area, except to comply by minimizing or preventing soil erosion that can impair a public or private surface ditch, subsurface drainage, stream, river or lake; nor shall excessive amounts of sediment be deposited onto an adjoining property. Adequate controls of sail erosion and sedimentation, through the use of best management practices through both temporary and permanent measures, shall be used during all phases of clearing, grading, and construction to conserve soil resources and to insure no significant change in water quality.

(b) When a proposed development area consists of five or more acres and earth-

disturbing activities are proposed for the whole area or any part thereof, the owner of record shall develop and submit for review a soil erosion and sedimentation control plan. Such a plan shall contain sufficient information, drawings and notes to describe how soil erosion and off-site sedimentation will be kept to a minimum, both during and after construction.

to submit a soil erosion and sedimentation control plan; however, the responsible person must comply with the above standards of subsection (a) hereof. Upon request, submittal of specific soil erosion and sedimentation prevention measures to be or being implemented may be required to determine compliance.

(d) Soil erosion and sedimentation control plans shall be certified by a professional

engineer registered in the State of Ohio before submitted to the Commission for review and approval. (Ord. 2000-0-02. Passed 1-24-00.)

CHAPTER 1109

Requirements for Construction of Improvements

1109.01 General statement.

1109.02 Construction drawing

approval.

1109.03 Inspections.

1109.04 Fees and reconstruction

notification.

1109.05 Street construction standards

and specifications.

1109.06 Street construction procedure

and materials.

1109.07 Curb and gutter requirements.

1109.08 Curb and gutter standards

and specifications.

1109.09 Water supply requirements.

1109.10 Water supply standards and

specifications.

1109.11 Sanitary sewer and facilities

requirements.

1109.12 Sanitary sewer and facilities

standards and requirements.

1109.13 Drainage and storm sewer

requirements.

1109.14 Drainage and storm sewer

standards and specifications.

1109.15 Monuments.

1109.16 Survey data.

1109.17 Plans and profiles.

1109.18 Cross section.

1109.19 Topographic map.

1109.20 Improvement and cost

estimate information.

1109.21 Guarantee for installation

of improvements.

1109.22 Types of performance

guarantees.

1109.23 Progressive installation.

1109.24 Acceptance of streets, storm

drainage, and sanitary sewer

and water distribution

improvements for use and

maintenance by public.

1109.01 GENERAL STATEMENT.

(a) All improvements required herein shall be constructed prior to the granting of the

final plat approval by the Commission, or the subdivider shall furnish a performance guarantee for the estimated cost plus ten percent (10%) of the installation of the required improvements.

(b) Architecturally integrated subdivisions containing any number of dwelling units may

develop with private roads that meet the public standards and sidewalk standards of this chapter, as long as:

(1) The proposed development will have direct access onto a public street or if the tract has access to a public street only via a private road, such private road is improved to public street standards;

1109.02 PLANNING AND ZONING CODE 30

(2) No road intended to be private is planned or expected to be extended to serve property outside the development.

(3) The subdivider demonstrates to the satisfaction of the village that the private roads will be properly maintained; and

(4) The private road will be constructed to a standard acceptable to the village consulting engineer. (Ord. 2000-0-02. Passed 1-24-00.)

1109.02 CONSTRUCTION DRAWING APPROVAL.

Before any construction on required improvements is started, the construction drawings shall be approved by the responsible officials listed herein. The drawings shall be on file with the Commission, Village Council, Village Administrator, and the Ohio Environmental Protection Agency where water and sanitary sewer main construction are involved. Construction drawings shall be drawn and signed by a registered engineer, including registration number, and shall be in accordance with the Commission's determination of required improvements.

(Ord. 2000-0-02. Passed 1-24-00.)

1109.03 INSPECTIONS.

(a) During construction and after completion of the required improvements, the

subdivider shall request, in writing, the inspection of improvements by the responsible Village officials as listed herein, where new street construction is involved. Upon completion of all improvements, the subdivider shall request, in writing, a final inspection by the Village.

(b) During construction of sanitary sewage or water line improvements for use and

maintenance by the public, the subdivider or his/her contractor shall notify the Village Administrator seven calendar days in advance of installing said lines and request an inspection. Upon completion of all line improvements, the subdivider or his/her contractor shall request in writing an inspection, after which the Village shall submit to the subdivider and his/her contractor a punch list of items that are not satisfactorily completed per the approved drawings and specifications, or this chapter will accept the improvement. When the punch list is entirely completed, the subdivider or his/her contractor shall again request in writing an inspection. This procedure will continue until the project is satisfactorily completed per the approved drawings and specifications. (Ord. 2000-0-02. Passed 1-24-00.)

1109.04 FEES AND RECONSTRUCTION NOTIFICATION.

The subdivider shall pay the Village, County, and State regulatory departments a fee as prescribed by such departments to defray the costs of inspection, engineering services, or other services in connection with inspection and supervision of the improvements required herein. The subdivider shall notify the responsible Village official a least one week in advance of the start of construction work and the department inspection fee shall be paid upon billing.

(Ord. 2000-0-02. Passed 1-24-00.)

1109.05 STREET CONSTRUCTION STANDARDS AND SPECIFICATIONS.

(a) The following are required minimum street construction standards:

(1) Pavement width of 24 feet

(2) Cul-de-sacs 42 ft. radius

(3) Compacted limestone base. 8" minimum

(4) Street surface may be either concrete or asphalt

31 Requirements for Construction of Improvements 1109.09

(b) Where pavement widths greater than those specified above are necessary, provision

of same shall be discussed with the public officials having jurisdiction over the planning and construction of public ways to determine whether or not public expenditures for such additional width can or should be made simultaneously with the subdivider's improvement program.

public safety. Lighting shall be of a type approved by the public utility providing electric service to the Village, as to material/equipment specifications and construction standards.

Cross-reference: Ohio Edison Co. Material/Equipment specifications and construction standards, see Appendix Section 2 #2. (Ord. 2000-0-02. Passed 1-24-00.)

1109.06 STREET CONSTRUCTION PROCEDURE AND MATERIALS.

All street construction work, including but not limited to pavement, base, grading, earthwork, storm sewers, catch basins, guardrails, and the like shall be in conformance with the standards established by the Village of Wakeman as set forth in Ordinance 1997-0-21.

(Ord. 2000-0-02. Passed 1-24-00.)

1109.07 CURB AND GUTTER REQUIREMENTS.

(a) The responsible Village officials are the consulting engineer, the Commission, and

the Village Council.

(b) The requirements for curbs and gutters may vary according to the character of the

area and the density of development. Curb or curbs and gutters shall be required drainage problems exist that may properly handled by side ditches as determined by the Village officials.

(Ord. 2000-0-02. Passed 1-24-00.)

1109.08 CURB AND GUTTER STANDARDS AND SPECIFICATIONS.

(a) A satisfactory substitute may be authorized by the Commission if requested by the

subdivider and approved by the village consulting engineer.

(b) The overall width of curb and gutter shall not exceed two and one-half feet and shall be approved by the Village consulting engineer.

established by the Village. (Ord. 2000-0-02. Passed 1-24-00.)

1109.09 WATER SUPPLY REQUIREMENTS.

(a) The responsible officials are the Village Administrator, the Village Council, the

Commission, and the Ohio Environmental Protection Agency.

(b) In general, all material and construction shall be in accordance with the current

American Water Works Association standards and Specifications, and/or the current Ohio Department of Transportation Standards and Specifications, and/or the current Ohio Environment Protection Agency Standards and Specifications, and the Village of Wakeman.

(c) A minimum of ten (10) feet horizontally and eighteen (18) inches vertically from any sanitary sewer must be maintained. No entry or contact with a sewer manhole is permitted.

1109.10 PLANNING AND ZONING CODE 32

(d) All work must comply with Federal, State, and Local regulations in all respects,

including compliance with the Occupational Health and Safety Act.

(e) The Contractor must at all times conduct his operations within the public right-of-

way, easements, or work agreement as shown in the plans.

(1) The location of the underground utilities shown on the plans are as obtained from the owners of the utilities.

(2) At least two working days prior to commencing construction operations in an area which may involve underground utility facilities, the Contractor shall notify the Project Engineer, the registered utility protection service (1-800-362-2764), and the owners of each underground utility facility shown in the plans.

The owner of the underground utility facility shall, within forty-eight hours, excluding Saturday, Sundays, and legal holidays after notice is received, stake, mark or otherwise designate the location of the underground utility facilities in the construction area in such a manner as to indicate their course together with the approximate depth at which they were installed. The marking of location shall be coordinated to stay approximately two days ahead of the planning construction. (Ord. 2000-0-02. Passed 1-24-00.)

1109.10 WATER SUPPLY STANDARDS AND SPECIFICATIONS.

(a) Water mains shall be laid wherever possible in the designated right-of-way of the

street. Minimum cover shall be four and one-half feet. Minimum coverage may be reduced upon approval of the Village Administrator, but in no case shall minimum coverage be less than three and one-half feet.

(b) Fire Hydrants.

(1) Hydrants shall be spaced to provide necessary fire flow. In addition, hydrants shall be spaced so that each residence shall be within 500 feet of a hydrant.

(2) Hydrants shall be located at the ends of lines, and valves of full line size shall be provided after hydrant tees at the ends of all dead lines that may be extended in the future.

(3) Size, type and installation of hydrants shall conform to the standards established by the Village.

specifications established by the Ohio Environmental Protection Agency and the Village.

Cross-reference: Village of Wakeman specifications, see Appendix Section 2 #1.

(Ord. 2000-0-02. Passed 1-24-00.)

1109.11 SANITARY SEWER AND FACILITIES REQUIREMENTS.

(a) The responsible officials are the Village Administrator, Village Council, the

Commission and the responsible state agency the Ohio Environmental Protection Agency.

(b) All existing requirements and regulations, future requirements and regulations, or

revisions or requirements and regulations of the Village of Wakeman, State Department of Health and the Ohio Environmental Protection Agency shall be complied with regarding installation of septic tanks and connection to the village sanitary sewer system.

33 Requirements for Construction of Improvements 1109.13

determined by the Commission, public sanitary sewers shall be installed to adequately serve all lots including lateral connections to the public system.

(d) If a public sewer is not available, the connection to an available future system shall

be required under regulation established under the Ohio Revised Code and may be assessed by the Council to pay for the capital improvements.

(e) Should an existing sanitary sewer be available, however, no existing capacity is

available in said sewer as determined by the Village Council, the developer shall be required to provide additional capacity, at his/her cost, construction of new sanitary sewers, pump stations, force mains and appurtenances as needed and as approved by the Village consulting engineer.

(Ord. 2000-0-02. Passed 1-24-00.)

1109.12 SANITARY SEWER AND FACILITIES STANDARDS AND

REQUIREMENTS.

No sanitary sewers and group sanitary sewage disposal systems shall be constructed, installed or operated without approval of the Village Administrator, the Ohio Environmental Protection Agency, the Village Council and the Commission. The design, construction and installation shall be according to current standards and specifications adopted by the State Department of Health, Ohio Environmental Protection Agency and the Village.

Cross-reference: Village of Wakeman specifications, see appendix Section 2 #1.

(Ord. 2000-0-02. Passed 1-24-00.)

1109.13 DRAINAGE AND STORM SEWER REQUIREMENTS.

(a) The responsible officials are the Village Administrator, Commission, and the Village Council.

(b) A drainage system adequate to serve the needs of the proposed new streets and the

entire subdivision will be required in new subdivisions. Where a public storm sewer main is available at the plat boundary, the subdivider shall construct a storm sewer system and connect with such storm sewer main. If such storm sewer systems are not accessible, adequate storm water drainage shall be provided by natural drainage channels with easements of adequate widths, as determined by the consulting engineer and approved by the Commission.

responsibility of the subdivider to have satisfactory bridge or culverts designed to the village consulting engineer's specifications and constructed to his satisfaction.

(d) Pipe culverts (12" minimum) shall be placed under all driveways where the street

design provides for an open ditch.

(e) Where the street design provides for an open ditch, the ditch shall be satisfactorily

constructed to drain storm water.

1109.14 PLANNING AND ZONING CODE 34

(f) Outlets and surface drainage systems into existing waterways shall be such that the cubic feet per second discharge shall not increase from the pre-development property to the post-development. This would include runoff during construction. The use of retention and restricted outlets will be necessary. (Ord. 2000-0-02. Passed 1-24-00.)

1109.14 DRAINAGE AND STORM SEWER STANDARDS AND SPECIFICATIONS.

All storm water drainage improvements shall be constructed to the specifications of

the Village of Wakeman and shall be in conformance with current "Construction and Material Specifications" of the Department of Transportation, State of Ohio, as they pertain to this type of improvement.

Cross-reference: Village of Wakeman specifications, see appendix section 2 #1.

(Ord. 2000-0-02. Passed 1-24-00.)

1109.15 MONUMENTS.

(a) Streets: On streets, monument boxes shall be placed along the centerline of streets,

at street intersections, and at every point where there is a change in curvature or direction. Such monuments should be placed upon completion of street grading. At intersections of street centerlines, iron pin monuments, as specified above, shall be place in iron pin boxes approved by the village. References to street centerline intersections are sufficient until streets are improved.

(b) Lots: On lots, iron pin monuments 3/4 inches in diameter and thirty inches long shall be placed on all lot corners and at all points on property lines where there is a change in direction.

(c) A registered surveyor shall certify the installation of iron pins, stone monuments and monument boxes. (Ord. 2000-0-02. Passed 1-24-00.)

1109.16 SURVEY DATA.

A complete survey shall be made of all lands to be subdivided. The survey shall tie into the system a permanent monuments established by Huron County, the nearest road intersection, or other recognized reference points. All monuments, property lines, centerlines of streets, and right-of-way lines of alleys and easements adjoining or within the tract shall be tied into the survey. A traverse sheet may be required by the Commission.

(Ord. 2000-0-02. Passed 1-24-00.)

1109.17 PLANS AND PROFILES.

(a) The subdivider shall submit a plan, profile and cross sections for each proposed street in the subdivision. Water and sewer mains, with grades and pipe sizes, shall normally be shown on the same tracing; however, the Commission may require water and sewer mains to be shown on separate plans and profile sheets. A scale of one inch equal to fifty feet for plans and one inch equal to five feet for profiles shall be maintained unless otherwise authorized by the Commission. A sheet size of 24 inches by 36 inches drawn with reproducible ink or pencil shall be used.

(b) The plan shall show:

(1) Right-of-way lines of thoroughfares, streets and easements, and location of street and surface therein;

(2) Centerlines of thoroughfares, streets and easements;

35 Requirements for Construction of Improvements 1109.19

(3) Data on the location, length, and bearings of all lines, including length of radii, arcs, tangents, and curves; (center angles and street curves may be referred to a curve table.)

(4) Location of storm and sanitary sewers and water mains, and items that pertain thereto, i.e., manholes, hydrants, valves, etc. and

(5) The Village Council requires, in addition to all the above, the location of all existing buried utilities, including, but not limited to, sanitary, storm, water, gas, electric, telephone, cable, steam, chilled water etc. All existing buried utility lines should be accurately marked concerning line sizes and types.

(1) Centerline elevations, percent of grade, and location and length of vertical curves on streets to the right-of-way limits.

(2) Elevations shall be based on U.S. Geodetic Survey Datum and permanent bench marks wherever possible;

(3) The Village Council requires, in addition to all the above, to show the location of all existing buried utilities that either parallel the proposed utility lines within 5'-0 c/c that intersect proposed utility lines.

(Ord. 2000-0-02. Passed 1-24-00.)

1109.18 CROSS SECTION.

Typical street cross sections or half-sections at a scale not smaller than one inch to five feet shall be required for all proposed streets and may be included on the plan and profile sheet. Cross sections shall show the following: width of roadway, type of subsurface and surface, type of curb and gutter, and location and width of sidewalk. Where considerable but and fill is involved, several cross sections showing proposed grading may be required. All cross sections of streets in the subdivision shall conform to the minimum cross section standards adopted by the Commission in cooperation with the Village Council and the consulting engineer.

(Ord. 2000-0-02. Passed 1-24-00.)

1109.19 TOPOGRAPHIC MAP.

A topographic map showing the following data at a scale not less than one inch equal to 200 feet shall originally be required on all subdivisions of land exceeding five acres.

(a) Contours.

(1) Two foot intervals where average slopes exceed five percent (5%) but do not exceed fifteen percent (15%), depending upon the roughness of the side and the corresponding interval considered necessary by the Commission to describe the character of the land.

(2) Five foot intervals where average slopes exceed fifteen percent (15%).

A. Natural Features. Existing building or structures, rock outcrops, high points, water courses, depressions, ponds, marshes, wooded areas, and the boundary lines of the property.

B. Alteration of Existing Topography. Proposed changes in grade shall be on the contour map or on an accompanying sheet. Where changes in grade will affect adjoining property, such as diverting storm water, the approval of the commission and consulting engineer shall be required. (Ord. 2000-0-02. Passed 1-24-00.)

1109.20 PLANNING AND ZONING CODE 36

1109.20 IMPROVEMENT AND COST ESTIMATE INFORMATION.

Improvements to be constructed by the subdivider shall be listed on the preliminary plan and their construction certified on the final plat. Cost estimated for various materials, labor, etc. necessary to complete all required improvements shall be provided as requested by a professional engineer licensed in the State of Ohio. (Ord. 2000-0-02. Passed 1-24-00.)

1109.21 GUARANTEE FOR INSTALLATION OF IMPROVEMENTS.

All required improvements shall be completed prior to the granting of the final plat approval. Completed improvements shall be in accordance with and approved preliminary plan and in accordance with the requirements of this chapter. When required improvement are not completed, the subdivider shall insure their completion with a performance guarantee acceptable to the Commission, the Village Council and the appropriate county official before the final plat may be approved. (Ord. 2000-0-02. Passed 1-24-00.)

1109.22 TYPES OF PERFORMANCE GUARANTEES.

To guarantee the construction or maintenance of required improvements prior to the approval and recording of the final plat, the subdivider shall be required to provide a performance guarantee in one or a combination of the following arrangements;

(a) Performance Bond. The subdivider may post a bond executed by a surety bond company equal to the estimated cost plus ten percent (10%) of the required improvements. The bond shall be in favor of the Village Council. The bond shall guarantee construction of the improvements according to the plans and specifications approved by the Commission and the responsible public officials. The term of the bond shall not exceed two years, except the Commission may grant an extension where due cause can be shown.

(b) Deposit. The subdivider may make a deposit with the Village Clerk, with a responsible escrow agent, or with a trust company. The deposit shall be money or negotiable bonds in an amount equal to the estimated cost plus ten percent of the required improvements. If a cash deposit is made, and agreement may be executed to provide payment to the contractor or the subdivider from the deposit as the work progresses and is approved by the responsible village officials.

(c) Contract Documents of Escrow Agreements. Where contract documents or escrow agreements for the proposed improvements are available, copies of such contracts shall be certified to the Village Council and when approved will constitute sufficient guarantee for the installation of required improvements in lieu of other methods stated above.

(d) Special Assessments. The subdivider may petition the Village Council to have the necessary road improvements constructed and levy assessments against property as provided in Ohio R.C. Chapter 727 and/or 729. Approval of such petition by official action of the Village Council shall be required.

(e) Failure of Subdivider to Complete Improvement. In case the subdivider shall fail to complete the required public improvements work within such time period as required by the conditions or guarantees as outline above, the Village Council may proceed to have such work completed and reimburse itself for the cost thereof by appropriating the cash deposit, certified check, surety bond, or by drawing upon the letter of credit, or shall take the necessary steps to require performance by the bonding company. (Ord. 2000-0-02. Passed 1-24-00.)

37 Requirements for Construction of Improvements 1109.24

1109.23 PROGRESSIVE INSTALLATION.

After a preliminary plan of a proposed subdivision has been approved by the Commission, the subdivider may improve a part of the entire area and submit a final plat for that improved portion to the Commission for approval. The subdivider may make the necessary arrangements for completion of the improvements as provided in Sections 1109.21 and 1109.22 herein and submit a final plat for that portion to the Commission for approval.

(Ord. 2000-0-02. Passed 1-24-00.)

1109.24 ACCEPTANCE OF STREETS, STORM DRAINAGE, AND SANITARY

SEWER AND WATER DISTRIBUTION IMPROVEMENTS FOR USE

AND MAINTENANCE BY PUBLIC.

(a) The subdivider shall properly construct and shall be responsible for making repairs

or alterations to provide that improvements are in good condition at the time the subdivider requests their acceptance by the Village Council.

(b) The acceptance of improvements for use and maintenance by the public shall be

subject to satisfactory compliance with the following requirements.

(1) Inspection and approval of all improvements by the responsible village officials and notification of the Commission in writing when the construction of the improvements have been satisfactorily completed. Payment in full for all Village inspection services shall be made by the subdivider to the village prior to acceptance.

(2) When the required improvement construction is not completed, or written approvals of completed construction have not been received by the Commission prior to submittal of the final plat for approval, the Commission shall, if it approves the plat, notify the Village Council and the consulting engineer when the construction of all required streets (including other required improvements) in a specific plat has been satisfactorily completed, giving a description of the resolution accepting such streets (which shall include maintenance by the public); however, such acceptance shall be dated one year from the date of the resolution and the subdivider shall keep such improvements in a satisfactory state of maintenance, otherwise such acceptance shall be voided.

(Ord. 2000-0-02. Passed 1-24-00.)

CHAPTER 1111

Planned Unit Development

1111.01 Required information.

1111.02 Open space improvement

guarantee.

1111.01 REQUIRED INFORMATION.

The preliminary plan application for the approval of a planned unit development shall contain the following information in addition to the required in Sections 1105.03 through 1105.17. A complete description of the land proposed to be dedicated to common use (herein called open land) shall be provided including:

(a) Legal description of the open land.

(b) Topographical survey of the open land.

(d) How legal title is to be held.

(e) How the open land is to be regulated.

(f) Provisions for the payment of taxes.

(g) Persons or corporations to be responsible for maintenance.

(h) How maintenance is to be guaranteed.

(i) How maintenance and development of the open land area to be financed.

(j) Proposed uses of open land.

(k) What improvements are to be constructed by the subdivider and an estimate of the cost thereof prepared by a consulting engineer or architect; and

(l) Other relevant facts concerning the proposed land.

(Ord. 2000-0-02. Passed 1-24-00.)

1111.02 PLANNING AND ZONING CODE 40

1111.02 OPEN SPACE IMPROVEMENT GUARANTEE.

(a) At the time of application for final approval of the plat, the subdivider shall provide

a performance guarantee in accordance with Section 1109.22, in the amount of the estimated cost of the proposed improvements to the open land guaranteeing the completion of such improvements with the time period set by the Village Council or Title One.

(b) In addition to the performance guarantee, a maintenance guarantee for the open land

shall be provided by the subdivider in accordance with Section 1109.22. Said maintenance guarantee shall be of such amount as determined and approved by the Village Council and shall be arranged for a period of one year from the date of acceptance of the improvements. The amount of the maintenance guarantee shall be determined by land conditions and the prevailing cost of labor and materials. (Ord. 2000-0-02. Passed 1-24-02.)

CHAPTER 1113

Revisions; Enforcement; Penalty

1113.01 Recording of plat.

1113.02 Revision of plat after approval.

1113.03 Sale of land within

subdivision.

1113.04 Variances.

1113.05 Appeal.

1113.06 Fees.

1113.99 Penalty

1113.01 RECORDING OF PLAT.

No plat of any subdivision shall be recorded by the County Recorder of Huron County, Ohio or have any validity until said plat has received a final approval in the manner prescribed in this Title One. (Ord. 2000-0-02. Passed 1-24-00.)

1113.02 REVISION OF PLAT AFTER APPROVAL.

No changes, erasures, modifications, or revisions shall be made in any plat of a subdivision after approval has been granted by the Commission and endorsed in writing on the plat, unless said plat is first resubmitted to the Commission. (Ord. 2000-0-02. Passed 1-24-00.)

1113.03 SALE OF LAND WITHIN SUBDIVISION.

No owner or authorized agent of any land located within a subdivision shall transfer or sell any land by reference to, or by the use of a plat of the subdivision before such plat has been approved and recorded in the manner prescribed in Title One.

(Ord. 2000-0-02. Passed 1-24-00.)

1113.04 VARIANCES.

The following regulations shall govern the granting of variances:

(a) Where the Commission finds that a practical difficulty may result from strict compliance to the Subdivision Regulations, due to exceptional topographic or other physical conditions, it may vary the regulations so as to relieve such hardship, provided such 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. Such variations shall not have the effect of nullifying the intent and purpose of the Subdivision Regulations, the Comprehensive Plan, or the Zoning Ordinance.

(b) If granting variances or modifications, the Commission may require such conditions as well, in its judgment, secure substantially the objective of the standards or requirements so varied or modified.

1113.05 PLANNING AND ZONING CODE 42

(c) Any variance granted shall be entered in the minutes of the Commission setting forth the reasons which justify said variance.

(d) A fee, as specified in Section 1113.06, shall be paid to the Commission upon filing reasons which justify said variance. (Ord. 2000-0-02. Passed 1-24-00.)

1113.05 APPEAL.

Any person who believes he has been aggrieved by this chapter or the action of the Commission has the rights of appeal as set forth in Ohio R.C. Chapter 711.

(Ord. 2000-0-02. Passed 1-24-00.)

1113.06 FEES.

(a) Fees in the amount fixed as follows shall be paid to the Commission for its services:

(1) Minor subdivisions (administrative approvals) as designated in Sections 1105.01 through 1105.17 to be paid upon approval: $ 25.00 per lot

(2) Preliminary plan filing fee: $ 25.00 per lot

(3) Final plat filing fee: $ 25.00 per lot

(4) Variance fee as designated in Section 1109.22, to be paid at the time of the filing of the appeal for variance: $50.00.

(b) The aforementioned fees shall be paid in legal tender or by check or money order

made payable to the Village Clerk. No final plat, nor appeal for variance shall be considered filed until said fees have been paid. Failure to pay the fee for minor subdivision (administrative approval) within a reasonable period of time shall result in the suspension of privileges of the subdivider and shall cause said fees for future minor subdivisions to be paid in advance.

require a fee to defray their costs of inspection or other work. The subdivider shall be solely responsible for submittal of plans to the Ohio E.P.A. relative to review and approval of proposed water supply and sanitary sewerage facilities and improvements. Payment of fees charged by the agency relative to such review and approval of plans shall be the responsibility of the subdivider.

(Ord. 2000-0-02. Passed 1-24-00.)

1113.99 PENALTY.

Whoever violates any rule or regulations adopted by the Village Council for the purpose of setting standards and requiring and securing the construction of improvements within a subdivision or fails to comply with any order pursuant thereto shall forfeit and pay not less than ten dollars ($ 10.00) nor no more than one thousand dollars ($1,000). Such sum may be recovered with costs in a civil action brought in the Court of Common Pleas of Huron County.

(Ord. 2000-0-02. Passed 1-24-00.)

APPENDIX: SUBDIVISION FORMS

Section 1

A. Affidavit for creating subdivision of land involving five lots or less

B. Preliminary plan checklist

C. Preliminary plan questionnaire

D. Application for preliminary plan approval

E. Final plat checklist

F. Required statements and signatures to be affixed on the subdivision plat

G. Application for subdivision variance

H. Sample subdivider's agreement

I. Sample performance bond

J. Sample certificate of deposit

K. Sample escrow account agreement

L. Sample irrevocable documentary letter of credit

Section 2

1. Village of Wakeman construction rules and regulations.

A. AFFIDAVIT FOR CREATING A SUBDIVISION OF LAND INVOLVING FIVE (5)

LOTS OR LESS

SATE OF OHIO

COUNTY OF HURON ______________________________being duly sworn upon __________________________.

Oath depose and say that:

1. The proposed division of land is along an existing public road and involves no openings; widening or extension of any street or road;

2. No more than five (5) lots are involved after the entire original parcel has been subdivided;

3. The property has been surveyed by a registered surveyor, and is as set forth on the accompanying sketch; two (2) copies of which shall show the following pertinent information:

a. North pointer on sketch.

b. Dimensions on all lines and bearings shown where necessary.

c. All lines shall be labeled to aid in checking parcel descriptions, such as county lines, township line, section line, lot lines, center line, or any other line which may require identifications.

d. The distance shall be shown from the point of intersection of one of the lot lines being proposed and the street it is located on.

1. Center line of cross street

2. Section line

3. Original lot line

e. Sketch shall bear surveyor's seal (R.C. 4733.14)

SWORN TO BEFORE ME AND SUBSCRIBED IN MY PRESENCE THIS ______ DAY OF _______________, _______.

SEAL ___________________________

NOTARY PUBLIC

VILLAGE

I hereby certify that the lot or lots being created meet all of the requirements of the Village of Wakeman Zoning Ordinance

____________________________________

Wakeman Planning Commission Review Board

DATE: ______________________________

The Wakeman Planning Commission hereby certifies that the lot or lots being created are not contrary to applicable platting, subdividing, or zoning regulations. No plat is required. Subdivision Approved.

____________________________________

Chairperson, Wakeman Planning Commission

DATE: ______________________________

SUBDIVISION REGULATIONS

B. PRELIMINARY PLAN CHECKLIST

DOES DOES NOT

1. General

_____ _____ a. Transparency and nine (9) prints of plans submitted.

_____ _____ b. Survey done by a registered Surveyor

_____ _____ c. Engineering done by registered Engineer

_____ _____ d. Adequate Preliminary Drawings of Improvements, or equally adequate statements.

_____ _____ e. A legible vicinity map

_____ _____ f. Drawn at 1" = 100' or larger

_____ _____ g. Size of sheets 22" X 32"

_____ _____ h. No ditto marks used (")

2. Plat Details

_____ _____ a. Name of Subdivision (does not duplicate another subdivision, street or business in the Village of Wakeman).

_____ _____ b. Location of Section, Village, County and State

_____ _____ c. Name and address of owner and engineer or surveyor preparing plan

_____ _____ d. Scale of plan

_____ _____ e. Date

_____ _____ f. North point

_____ _____ g. Location, width, centerline and names of existing and planned streets and public ways

_____ _____ h. Utility r/w and easements

_____ _____ i. Parks and open spaces

_____ _____ j. Permanent buildings

_____ _____ k. Sewer, water lines, culverts and utilities shown with sizes, depths and grades and existing easements therefor. Proposed improvements indicated.

_____ _____ l. Names of adjacent subdivisions or owners of adjoining parcels.

_____ _____ m. Zoning classification (plat indicated)

_____ _____ n. Existing contours at an interval of not more than two feet

_____ _____ o. Natural and man-made physical features shown.

_____ _____ p. High water levels shown where applicable

_____ _____ q. Boundary of plan indicated

_____ _____ r. Layout, number and dimensions of lots

_____ _____ s. Dedication or reservation of land indicated

_____ _____ t. Intended uses of property

_____ _____ u. Building setback lines shown and located

_____ _____ v. Proposed deed restriction or statement to contrary

_____ _____ w. Flood Hazard Elevation for the area to be subdivided

_____ _____ x. Soil information as specified in Section 1105.04

C. PRELIMINARY PLAN QUESTIONNAIRE

PRELIMINARY PLAN QUESTIONNAIRE

Name of Subdivision ________________________ Township ____________________

Name of Owner ________________________ Phone ____________________

Address ____________________________________________________________

The following specific questions relating to this subdivision should be answered and this form included with the presentation of a sketch plan. This form must be included with an application for Preliminary Plan approval.

a. Total number of acres in proposed subdivision:____________________________

b. Total number of lots anticipated:________________________________________

c. Will new street be created?____________________________________________

d. Will any additional right-of-way be dedicated along existing streets?___________

e. Name of Road:______________________________________________________

f. What type of storm drainage will be used? _______________________________

g. Is any land other than streets to be dedicated for public use?____________________ Describe: __________________________________________________________

h. Streets are to be dedicated to: Public ________Use of property owners__________

i. Will any natural drainage course be affected by the proposed subdivision?________________________________________________________

j. What is present use of the land? ________________________________________

Contemplated use of the land __________________________________________

k. What is present zoning classification?____________________________________

l. Any proposed changes in zoning classification? ____________________________

m. Other Comments: ___________________________________________________

__________________________________________________________________

Questionnaire prepared by: ________________________

Title: ________________________

D. APPLICATION FOR PRELIMINARY PLAN APPROVAL

APPLICATION FOR PRELIMINARY PLAN APPROVAL

(for Village Planning Office use only)

Date Received: ______________________ Application #: ________________________

Date Application accepted for Commission Action: ____________________________________

Placed on Agenda for:____________________________________________________________

APPLICATION IS HEREBY MADE TO THE VILLAGE OF WAKEMAN PLANNING COMMISSION FOR APPROVAL OF THE PRELIMINARY PLAN OF THE BELOW DESCRIBED SUBDIVISION:

Name of Subdivision: ____________________________________________________________

Name of Principal Owners: ________________________________________________________

Address: _____________________________________Phone: ___________________________

Name of Surveyor: ______________________________________________________________

Address: _____________________________________Phone: ___________________________

Name of Engineer: ______________________________________________________________

Address: _____________________________________Phone: ___________________________

Name of Legal Representative (if any): ______________________________________________

Address: _____________________________________Phone: ___________________________

Accompanying this Application are nine (9) prints of the proposed Preliminary Plan. It is further understood by the applicant that said application for Preliminary Plan approval must meet the requirements of Sections 1105.01 through 1105.17 of the Village Subdivision Regulations, and consideration said Application is contingent upon meeting the requirements of said sections. Official filing of the application shall not be considered made until these requirements have been met, at which time the application shall be placed on the agenda by the staff of the Village of Wakeman Planning Commission.

Signature of Owner or Authorized Agent:

_________________________________

Date:___________________________

E. FINAL PLAT CHECKLIST

FINAL PLAT CHECKLIST

DOES DOES NOT

1. General

_____ _____ a. Submitted within 12 months of approval or conditional approval or preliminary plan or granted extension

_____ _____ b. Improvements completed or assurance given as required.

_____ _____ c. Application form properly completed

_____ _____ d. Plat prepared in waterproof ink on tracing cloth or other material of equal permanence at a scale or not less than 1" = 100'

_____ _____ e. Sheets are 22" X 32" or less with ½" border and ½" binding

_____ _____ f. Improvement plans meeting requirements of responsible officials

2. Plat Detail

_____ _____ a. Name of subdivision

_____ _____ b. Locational description

_____ _____ c. Owner, Surveyor, Engineer names and addresses

_____ _____ d. Date and scale of plan

_____ _____ e. North point

_____ _____ f. Adequate survey data

_____ _____ g. Names of adjoining owners or subdivisions

_____ _____ h. All plat, lot lines with bearings and courses to 1/100 feet

_____ _____ i. Must close within the limit of minimum standards of R.C. 4733.73

_____ _____ j. Name of streets and right-of-way

_____ _____ k. Location and purpose of easements

_____ _____ l. Lot and block numbers or letters

_____ _____ m. Dedication of lots and purpose

_____ _____ n. Excepted parcel so marked, "Not Included in this Plat"

_____ _____ o. Building setback lines shown and properly located

_____ _____ p. Location and description of monuments

_____ _____ q. Previous lot lines in case of replat

_____ _____ r. Present zoning classification

_____ _____ s. Soil information as specified in Section 1105.04

3. Certifications

_____ _____ a. Certificate of Surveyor and Engineer

_____ _____ b. Certificate of Ownership and Dedication

_____ _____ c. Certificate that all taxes have been paid

_____ _____ d. Approval of Board of Health where sewer and water is not available

_____ _____ e. Certificate of approval of Wakeman Council

E. FINAL PLAT CHECKLIST (Cont.)

____ _____ f. Certificate of approval of Wakeman Planning Commission

_____ _____ g. Auditor's certificate of transfer

_____ _____ h. Certificate of County Recorder

_____ _____ i. Certificate of installation or assurance of such by County Engineer, Board of Health or Wakeman Council

_____ _____ j. Protective covenants, if any

_____ _____ k. Certificate requiring future connection to a central water or sewer facility when either or both become available as determined by the Huron County Board of Health or Sanitary Engineer.

_____ _____ l. Certificate of County Sanitary Engineer

F. REQUIRED STATEMENTS AND SIGNATURES TO BE AFFIXED ON THE

SUBDIVISION PLAT

SECTION 1: REQUIRED STATEMENTS TO BE AFFIXED ON THE SUBDIVISION PLAT

Situated in the Village of Wakeman, County of Huron, State of Ohio, and being of original lot number, containing and described in deed recorded in Deed Book, Page, Recorder's Office, Huron County, Ohio.

The undersigned (set forth all parties having record legal title interest in the parcel) hereby certify that the attached plat correctly represents their __________ "__________________", a subdivision of same and dedicate to public use as such, all or parts of the roads, boulevards, bul-de-sacs Parks, planting strips, etc., shown herein and not heretofore dedicated.

The undersigned further agree that any use or improvements made on this land shall be in conformity with all existing platting, health, or other lawful rules and regulations including the applicable off-street parking and loading requirements of the Village of Wakeman, for the benefit of themselves and all other subsequent parties taking title from, under or through the undersigned.

The undersigned also agree to install the drainage improvement(s) as planned and assume the cost thereof. We also agree to file a set of plans for the drainage improvements accompanied with a schedule of properties that will benefit by the drainage improvement(s) as required by R.C. §6131.63. We further agree to follow the steps as outlined in this section of the Ohio Revised Code, so that the drainage improvement(s) will be placed on the Huron County Ditch Maintenance Program.

Upon approval of the storm drainage plans and schedules for accepting the storm drainage systems for Huron County Ditch Maintenance, the owner shall deposit an amount based on a percent of the construction cost of the systems with the Huron County Auditor under the name of the improvements to establish the maintenance fund. This amount will be set forth at the hearing with the Huron County Commissioners to accept the drainage systems for future maintenance by the Huron County Ditch Maintenance Program.

The dimensions of the lots and streets are shown on the plat in feet and decimal parts thereof. Easements are reserved where indicated on the plat for public utility purposes above and beneath the surface of the ground.

IN WITNESS thereof the undersigned have hereunto set their hands this ______day of ___________, ________.

Signed: ___________________________

Witness: __________________________

Surveyed and Platted by: ___________________________________

Consulting Engineers and Surveyors

F. REQUIRED STATEMENTS AND SIGNATURES TO BE AFFIXED ON THE

SUBDIVISION PLAT (Cont.)

We hereby certify that we have surveyed the premises and prepare the attached plat and that said plat is correct. Dimensions on curves are chord measurements.

BY: ____________________________________

Registered Surveyor (Seal)

STATE OF OHIO

COUNTY OF HURON

Before me a Notary Public in and for said County appeared ________________________

who acknowledged the signing of the foregoing instrument to be their voluntary act and deed for the uses and purposes therein expressed.

IN WITNESS thereof, I have hereunto set my hand and affixed by official seal this _______ day of __________________, ________.

_____________________________________

Notary Public (Seal)

SECTION 2: WITHIN VILLAGE OF WAKEMAN

Approved this _____ day of __________, _______. _____________________________________

Village Planning Commission

Approved this _____ day of __________, _______. _____________________________________

Village Administrator

Approved this _____ day of __________, _______. _____________________________________

Consulting Engineer

Approved this _____ day of __________, _______. _____________________________________

Mayor

Transferred this _____ day of __________, _______. _____________________________________

Filed for Record this _____ day of __________, _______ at _____ _____ M.

Recorded this _____ day of __________, _______, in Plat Book _______, Page No. _______

_____________________________________

Huron County Recorder

G. APPLICATION FOR SUBDIVISION VARIANCE

VILLAGE OF WAKEMAN PLANNING COMMISSION

APPLICATION FOR SUBDIVISION VARIANCE

Date: _________________________________ Application #: _________________________

Name: ___________________________________________________________________________

Address: _________________________________________________________________________

Phone: ________________________________ Township: ____________________________

1. Location Description: ________________________________________________________

_________________________________________________________________________________

2. Nature of Variance Requested: Describe generally the nature of the variance:___________________________________________________________________

3. Justification of Variance: One a separate sheet, please attach a statement explaining why the variance from requirements of the subdivision regulations is requested. Include such items as:

a. Exceptional topographical or other conditions peculiar to this parcel of land;

b. Why a strict interpretation of the regulations would deprive the applicant of right enjoyed by other property owners;

c. That the peculiar conditions do not result from previous actions of the applicant;

d. That the requested variance is the minimum variance that will allow a reasonable division of the land;

e. A sketch of the area showing the location and characteristics of the requested variance.

I hereby certify that all information contained in this application and its supplements is true and correct.

__________________ _____________________________________

Date Signature

(for official use only)

Date Received:___________________ Action: ______________________________

Fee Due: ___________________

H. SAMPLE SUBDIVIDER'S AGREEMENT

This agreement, executed on this _____ day of __________, _______, by and between (name of developer) the Subdivider, as evidenced by the Plat and Village of Wakeman Council of Huron County, Ohio, is governed by the following conditions and consideration, to wit:

Said subdivider shall cause no private construction of permanent buildings to be made on the lands within such plat until street construction is started with the approval of the village administrator and all applicable permits are obtained. No house may be occupied until all improvements are accepted unless otherwise allowed by the Planning Commission, Wakeman Village Council.

Said subdivider shall construct, install or otherwise make all improvements shown and set forth to be done and performed by the engineering drawings and specifications, all of which are a part of this agreement. The subdivider shall pay the entire cost and expense of the required improvements.

Prior to consulting engineer and the Mayor's signature on the final plat, the subdivider shall execute a performance surety equal to 110% of the estimated cost of the public improvement (street, storm sewer, sanitary sewer and water lines and appurtenances) to the satisfaction of the Village of Wakeman Council the sum of money estimated to be necessary to pay the cost of inspection. Should the amount of such deposit be insufficient to pay the cost thereof, the subdivider shall immediately, upon demand deposit such additional sums as are estimated by the Village Council to be necessary. Upon completion and acceptance of the improvement, any unexpended balance remaining from such deposit or deposits shall be refunded. (All checks may be made payable to the Village of Wakeman Clerk, Huron County)

The subdivider shall hold Huron County, the Village of Wakeman Planning Commission, Village Administrator, Planning Commission Review Board, Village Council, Planning Commission, Board of Appeals and the Consulting Engineer free and harmless from any and all claims for damages of every nature arising or growing out of the construction of such improvements, and shall defend, at his or their own cost and expense, each and every lawsuit brought against (Village officials, Village Planning Commission, and Consulting Engineer). Engineer by reason thereof until the improvement has been accepted by the consulting engineer, the Village Council, and the Village of Wakeman Planning Commission.

All work is to be performed within the period of two years from the date of this agreement, which is hereby fixed by said Village as a reasonable period, but an extension of time may be granted if approved by the Village.

The subdivider further agrees that any violation of noncompliance with any of the provisions and stipulations of this agreement shall constitute a breach of contract and the Village Planning Commission, with the approval of Village of Wakeman Council shall have the right to stop the work forthwith and use the surety to complete the work.

This agreement shall be binding on the subdivider and his or her personal representatives, heirs and assigns.

H. SAMPLE SUBDIVIDER'S AGREEMENT (Cont.)

In consideration whereof, the Village of Wakeman Council hereby grants the subdivider or his agent the right and privilege to make the improvements stipulated herein.

Witnessed by: (Name of Developer)

_________________________________ _____________________________________

Developer

_________________________________ _____________________________________

Developer

VILLAGE OF WAKEMAN COUNCIL

OF HURON COUNTY, OHIO.

_________________________________ _____________________________________

I. SAMPLE PERFORMANCE BOND

KNOWN ALL MEN BY THESE PRESENTS:

That, We ____________________________________ as Principal and _______________________ as Surety, are held and firmly bound unto the Village of Wakeman Council, County of Huron and State of Ohio, in the sum of ______________ ($ _____________) Dollars, lawful money of the United States, for the heirs, executors, successors and assigns, jointly and severally, firmly by these presents.

The condition of the foregoing obligation is such that:

WHEREAS, said Principal will make the following improvements. All public improvements and other work as set forth to be done and performed in accordance with the plans, specifications and provisions of the contract executed between said Principal and the Village of Wakeman Council for the development and improvements in _______________________________ Subdivision, Village of Wakeman, Huron County, Ohio.

NOW, THEREFORE, if the said Principal shall fully and faithfully perform all the work specified to be done and performed by the contract executed between the Principal of this Board and in accordance with the plans, specifications and provisions therefore, to which reference is here made, the same being a part thereof, as if fully incorporated herein; then this obligation shall be void, otherwise to remain in full force and effect in law; it being expressly understood and agreed that the liability of the surety for any or all claims hereunder, shall on event exceed the penal amount of this obligations, as herein stated.

This said Surety hereby stipulates and agrees that no modifications, omissions or additions, in or to the terms of said contract or in or to the plans or specifications therefore or any extension of time, shall in any way affect the obligations of said surety on its bond.

WITNESS OUR HANDS THIS _____ DAY OF __________, ________.

PRINCIPAL _______________________________________________

SURETY __________________________________________________

BY _______________________________________________________

J. SAMPLE CERTIFICATE OF DEPOSIT

Village Council

Wakeman, Huron County, Ohio 44889

Re: Certificate of Deposit (amount)

(Name of Subdivision)

Gentlemen:

At the request of (name of developer), we are holding certificate no. ________________ in the amount of $ ___________________.

We understand the purpose of this deposit of $ _______________, is to further assure the Village of Wakeman Council that the streets and storm sewers in (the/this phase of) construction for (name of subdivision), located in Huron County, Ohio, will be satisfactorily and faithfully performed; also that this method of deposit is being used in lieu of (name of developer), and until the (name of developer) has faithfully discharged its obligations.

When this subdivision is released, please notify us by letter.

Yours Truly,

Signed: (authorized officer of bank)

K. SAMPLE ESCROW ACCOUNT AGREEMENT

Village of Wakeman Council

Wakeman, Huron County, Ohio 44889

Re: (Development)

Gentlemen:

At the request of ________________________ Development Corporation, we are holding escrow funds under our custody in the amount of $ ____________ is to assure the Village of Wakeman, of Huron County, Ohio that the installation of streets, storm sewers, sanitary sewers, and water lines located in the Village of Wakeman, Huron County, Ohio will be faithfully and satisfactorily installed; also, that this escrow agreement will be used in lieu of giving a performance bond.

The escrowed funds will be held by us and disbursed to the Contractor monthly on the basis of 90% of the estimate of completion by the Contractor and approved by the Village Engineer and the Wakeman Village Council. The final 10% will be dispersed upon acceptance of the subject improvements by the Wakeman Village Council of Huron County, Ohio.

Developer and Bank do hereby acknowledge and agree that the Village of Wakeman of Huron County, Ohio, is a third party beneficiary of this agreement and that said Board shall be authorized and empowered to sue for specific performance and/or damages in the event of breach of any terms and conditions of this agreement.

APPROVED:

By _______________________________ By __________________________________

Developer Title

By _______________________________

Contractor

By _______________________________

Village Engineer

By _______________________________

Village of Wakeman Council President

L. SAMPLE IRREVOCABLE DOCUMENTARY LETTER OF CREDIT

____________________________________ __________________

(Name of Bank) (Date)

____________________________________

(advising bank)

BENEFICIARY: APPLICANT

VILLAGE OF WAKEMAN ________________________

WAKEMAN, OHIO 44889 (subdivider)

EXPIRATION DATE FOR NEGOTIATION/PRESENTATION

____________________________________ AMOUNT:

____________________________________

Dear Sirs:

We hereby issue in your favor this documentary letter of credit which is available by negotiation of your draft(s) at sight drawn on $ __________________ U.S. bearing the clause "Drawn under documentary credit no. _____, _____________" accompanied by the following documents:

(bank)

Beneficiary's signed statement that _____________________ has failed to perform.

(subdivider)

Properly under terms of its agreement with Village of Wakeman, OH relative to improvements of _________________________.

(subdivision improvements)

We hereby engage with the bonafide holders of all drafts drawn or documents presented under an in compliance with the terms of this letter of credit that such drafts or documents will be duly honored upon presentation to us.

The amount of each drawing must be endorsed on the reverse side of this letter of credit by the negotiating bank.

Yours faithfully,

____________________________________ _______________________________

(bank name) (Signature)

TITLE THREE - Zoning Ordinance

Chap. 1121. Purpose; Title; Authority.

Chap. 1123. Definitions.

Chap. 1125. Districts Established; Map.

Chap. 1127. General Regulations.

Chap. 1129. Amendments.

Chap. 1131. Use, Height and Area Regulations.

Chap. 1133. Administration and Enforcement; Penalty.

Chap. 1135. Planning Commission.

Chap. 1137. Board of Zoning Appeals.

CHAPTER 1121

Purpose; Title; Authority

1121.01 Purpose.

1121.02 Short title.

1121.03 Authorization.

1121.04 Validity and separability.

1121.05 Repealer.

1121.01 PURPOSE.

It is the purpose of this Title Three to provide for the comprehensive zoning of the Village; establish use districts, heights and area regulations; control nonconforming uses; provide for off-street parking; authorize conditional zoning certificates; establish a Board of Zoning Appeals; provide for the administration and enforcement of this Zoning Ordinance; establish a Zoning District Map; establish procedures for amendments thereto; and to repeal existing Zoning Ordinances and resolutions to the Village. (Ord. 2000-0-03. Passed 3-13-00.)

1121.02 SHORT TITLE.

Title Three of this Part Eleven - Planning and Zoning Code shall be known as the "Zoning Code of the Village of Wakeman, Ohio." (Ord. 2000-0-03. Passed 3-13-00.)

1121.03 PLANNING AND ZONING CODE 62

1121.03 AUTHORIZATION.

This Title Three is authorized by the constitution and the revised code of the State.

(Ord. 2000-0-03. Passed 3-13-00.)

1121.04 VALIDITY AND SEPARABILITY.

It is hereby declared to be the legislative intent that, if any provision or provisions of this Title Three, or the application thereof to any zoning lot, building or other structure, or tract of land, are declared by a court of competent jurisdiction to be invalid or ineffective in whole or in part, or it be inapplicable to any person or situation, the effect of such decision shall be limited to the provision or provisions which are expressly stated in the decision to be invalid or ineffective, or to the zoning lot, building, or other structure, or tract of land immediately involved in the controversy. All other provisions of this Zoning Ordinance shall continue to be separate and fully effective, and the application of any such provision to other persons or situations shall not be affected. (Ord. 2000-0-03. Passed 3-13-00.)

1121.05 REPEALER.

All existing zoning ordinances of the Village are hereby repealed.

(Ord. 2000-0-03. Passed 3-13-00.)

CHAPTER 1123

Definitions

1123.01 Definitions.

1123.01 DEFINITIONS.

(a) "Accessory structures. A structure such as a garage, storage shed, barn, which is customarily incidental to, and subordinate to, a principle structure on a property.

(b) "Accessory use. A use customarily incidental and subordinate to the principle use

of the building located on the same lot as the principle use or building.

(c) "Adult book store" means an establishment which utilizes 15 percent or more of its retail selling area for the purpose of retail sale or rental, or for the purpose of display by coin or slug-operated, or electronically, electrically or mechanically controlled still or motion picture machines, projectors, or other image-producing devices, or both, books, magazines, other periodicals, films, tapes, cassettes and compact discs which are distinguished by their emphasis on adult materials as defined in this section.

(d) "Adult Cabaret" means a nightclub, bar, restaurant, supper club, lounge or similar establishment in which persons appear in a state of nudity in the performance of their duties.

(e) "Adult Entertainment Business" means an adult book store, adult cabaret, adult motion picture theater, adult drive-in motion picture theater, adult-oriented business, or an adult only entertainment establishment as further defined in this section.

(f) "Adult Motion Picture Drive-in Theater" means an open air drive-in theater which is regularly used or utilizes fifteen (15%) or more of its total viewing time, for presenting material distinguished or characterized by an emphasis on matter depicting, describing or related to adult material as defined in this section.

(g) "Adult Motion Picture Theater" means an enclosed motion picture which is regularly used or utilizes fifteen percent (15%) or more of its total viewing time, for presenting material distinguished or characterized by an emphasis on matter depicting, describing or related to adult material as defined in this section.

1123.01 PLANNING AND ZONING CODE 64

(h) "Adult Only Entertainment Establishment" means an establishment where the patron directly or indirectly is charged a fee where the establishment features entertainment or services which constitute adult material as defined in this section, or which features exhibitions, dance routines, or gyrational choreography of persons totally