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.
3
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.)
11
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.
(c) The
seller shall sign and notarize affidavit.
(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.)
13
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.
(c) A fee, as specified in Section 1113.06, shall be required for the filing of the
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.)
21
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.
(c) Half streets (i.e. streets of less than the full required right-of way and pavement
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.
(c) The Commission may modify the aforementioned minimum standards in the
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.
(c) Each lot shall front on a public street.
(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.
(c) The subdivider or developer shall provide the necessary means to assure complete
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.
(c) Where a large scale subdivision or planned unit development is proposed, the
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.
(c) When a proposed development area involves less than five acres, it is not necessary
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.)
29
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.
(c) Street lighting shall be installed by the subdivider to provide ample lighting for
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.
(c) Curbs or curbs and gutters shall be constructed in conformance with the standards
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.
(c) All water lines shall be constructed according to the current standards and
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
(c) Where an adequate public sanitary sewer system is reasonably accessible, as
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.
(c) When natural drainage channels intersect any street right-of-way, it shall be the
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.
(c) The profile shall show:
(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.)
39
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.
(c) Description of natural features of the open land such as woodlots, other vegetation, streams, pond, etc.
(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.)
41
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: $50.00.
(b) The aforementioned fees shall be paid in legal tender or by check or money order
made payable to the
Village Clerk. No final plat, nor appeal for variance shall be
considered filed until said fees have been paid. Failure to pay
the fee for minor subdivision (administrative approval) within a reasonable
period of time shall result in the suspension of privileges of the subdivider
and shall cause said fees for future minor subdivisions to be paid in
advance.
(c) Other guarantees such as the consulting Village engineer, or Village Council may
require a fee to defray their costs of inspection or other work. The subdivider shall be solely responsible for submittal of plans to the Ohio E.P.A. relative to review and approval of proposed water supply and sanitary sewerage facilities and improvements. Payment of fees charged by the agency relative to such review and approval of plans shall be the responsibility of the subdivider.
(Ord. 2000-0-02.
Passed 1-24-00.)
1113.99 PENALTY.
Whoever violates any rule or regulations adopted by the Village Council for the purpose of setting standards and requiring and securing the construction of improvements within a subdivision or fails to comply with any order pursuant thereto shall forfeit and pay not less than ten dollars ($ 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.)
43
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.
44
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
45
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: ______________________________
46
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
47
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: ________________________
48
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:___________________________
49
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
50
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
51
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
52
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
53
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: ___________________
54
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.
55
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.
_________________________________ _____________________________________
_________________________________ _____________________________________
_________________________________ _____________________________________
56
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 _______________________________________________________
57
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)
58
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
59
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)
61
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.)
63
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