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.

 

 
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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.)

 

 
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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.) 
 
 
 
 

 

 
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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 standar