Ashville City Zoning Code
TITLE SEVEN
Subdivision Development Requirements
APPENDIX A REQUIRED INFORMATION FOR ZONING AND SUBDIVISION APPLICATIONS
1. APPLICATION FOR ZONING PERMIT
A. Name, address, and telephone number of the applicant.
B. Existing use.
C. Proposed use.
D. Zoning district in which property is located.
E. Plans and/or drawings, in triplicate, drawn to approximate scale and showing dimensions and location of existing and proposed structures or alterations in sufficient detail to illustrate the proposed action.
F. Height of proposed buildings.
G. Number and dimensions of existing and proposed off-street parking or loading spaces.
H. Number of proposed dwelling units.
I. In every case where the lot is not provided with public water supply and/or disposal of sanitary wastes by means of public sewers, the application shall be accompanied by a Certificate of Approval by the Pickaway County Health Department of the proposed method of water supply and for disposal of sanitary wastes.
J. Such other material as may be requested by the Zoning Inspector to determine conformance with, and provide for the enforcement of this Ordinance.
2. PRELIMINARY SUBDIVISION PLAT
A preliminary plat shall be drawn to scale and submitted on sheet or sheets 18 by 24 inches or 24 by 36 inches, or other size as determined appropriate by the Planning and Zoning Board. The preliminary plat shall include the following items:
A. Proposed name of the subdivision and its location;
B. Names and addresses of owners and developers;
C. Name, address and registration number of the engineer or surveyor preparing the plat;
D. Date, north arrow and plan scale. Scale shall be one inch equals 100 feet or larger scale;
E. Boundary lines of the proposed development and the total acreage encompassed therein;
F. Locations, widths and names of all existing public streets or other public ways, railroad and utility rights of way or easements, parks and other public open spaces, permanent;
G. Existing sewers, water mains, culverts and other underground facilities within the tract, adjacent to the tract or that will be used in developing the tract, indicating pipe sizes, grades and locations;
H. The adjoining lines of adjacent tracts, parcels or lots, and names of property owners, and, in the case of a replat of an existing subdivision, the existing lot lines;
I. Existing zoning;
J. Existing drainage channels, wooded areas, watercourses and other significant physical features, including topography with contour lines based on USGS data at not more than a two (2) foot difference in elevation.
K. Layout of proposed streets, including their names and rights of way, easement sewers, waterlines, culverts and other major improvements;
L. Layout, numbering and dimensions of lots.
M. Parcels of land intended to be dedicated or temporarily reserved for public use or reserved by deed covenant with the conditions proposed for such covenant, and for the dedications;
N. Tentative street grades and sewer size and slope;
3. FINAL SUBDIVISION PLAT
A final plat shall be drawn to a scale of one (1) inch to one-hundred feet, on a sheet or sheets 24 by 36 inches in size, or other size and scale as determined appropriate by the Planning and Zoning Board. The final plat shall contain the following items:
A. Name of the subdivision and the section number, if it is a portion of the total subdivision.
B. A description giving the number of acres, the military survey number, city, township, county and property owner's name.
C. All required certifications.
D. Requested covenants.
E. Sheet and total number for each sheet, including covenant sheet and construction plan.
F. Scale and north indicator.
G. The bearings and distances of the boundary lines of the subdivision.
H. The bearings and distances of all lot lines or areas dedicated to public uses within the subdivision. In case of curved sides of lots, the tangent deflection angle, the length of the tangent, the length of radius, the length of arc and the length and bearing of the chord shall be given.
I. Lot numbers.
J. The bearing and distances of all straight sections of street center lines. Curved sections of street center lines shall show the same information as curved lot lines
K. Street names.
L. Street, alley and easement widths. Any easements not parallel to property lines shall show the bearings and distances of the lines.
M. In the case of plats not located wholly within the Village, the corporation line shall be accurately shown and measurements given to the nearest corners of the boundary lines.
N. The location of all permanent markers or monuments.
O. Building setback lines with their distance from the right-of-way lines.
P. The proposed location of all utilities and easements.
4. SUBDIVISION IMPROVEMENT CONSTRUCTION PLANS.
Construction Plans shall be prepared for all sanitary sewers, water mains, pavements, sidewalks and storm sewers which are proposed for construction. All plans shall be made on mylar or other suitable permanent medium, size twenty-four (24) inches by thirty-six (36) inches. The proposed work shall be shown in both plan and profile, and in sufficient detail to clearly show all work to be done. In general, the scale shall be one inch equals fifty (50) feet horizontal and one inch equals five (5) feet vertical, except where additional detail is necessary to clearly show all work to be done. Supplemental specifications may be submitted as separate documents on eight and one-half (8 ½) by eleven (11) inch paper, or may be added onto the tracings. Plans shall contain general notes and a summary of estimated quantities. All drawings shall be made in ink and approved and signed by a Professional Engineer. A title block shall be included in the lower right hand corner of the first sheet for the approval signatures of the Village Engineer. The construction plans shall show the following items:
A. Name and section number of the subdivision as shown on the plat map.
B. Sheet and total sheet number.
C. The plan and profile of all street center lines, showing the existing and proposed profile with the proposed center line grades given every fifty (50) feet on straight sections and every twenty-five (25) feet on vertical curves.
D. The plan view of the streets showing curb, sidewalk, utility lines and appurtenances, lot corners and foot frontages.
E. A typical cross section or half-section for the various street widths.
F. The station and elevation shall be shown for the P.C. and P.T. of all curved sections of curbs.
G. The station shall be shown where a street center line intersects a boundary line or other street center line, and at each P.C. and P.T. on the center line.
H. All utility lines, including sanitary sewer, storm sewer, water mains, gas mains, electric power lines and telephone lines shall be shown on the plan section, with their distance from an established line indicated.
I.. Station distances shall be given for the center of all manholes, catch basins, valve boxes and fire hydrants within the street right-of-way.
J. The profile for all sanitary and storm sewers shall show the invert elevation at each manhole or catch basin and the grade in percent between each manhole or catch basin.
K. The depth of water and gas mains below the finished grade shall be shown. In cases where mains cross over or under sewers or other mains, the clearance shall be given.
L. Such other information as may be required by the Engineer for his/her review.
5. APPLICATION FOR ORDINANCE AMENDMENT.
A. Name, address, and phone number of the applicant.
B. Proposed amendment to the text or legal description of the property affected.
C. Present use and district.
D. Proposed use and district.
E. A map or plan showing property lines, streets, and existing buildings drawn to approximate scale, in sufficient detail to illustrate the proposed action.
F. A list of all property owners within the 200 feet, contiguous to, and directly across the street from the parcel(s) proposed to be rezoned and their address as appearing on the Pickaway County Auditor's current tax list. The requirement for addresses may be waived when more than ten (10) parcels are proposed to be rezoned.
G. A statement as to how the proposed amendment will affect adjacent and proximate properties.
H. Any other information as may be requested by the Zoning Inspector to determine conformance with, and provide for enforcement of this Zoning Ordinance.
I. A fee as established by the Village Council.
6. APPLICATION FOR VARIANCE OR APPEAL
A. Name, address, and phone number of the applicant.
B. Legal description of property as recorded in Pickaway County Recorder's office.
C. The names and addresses of all property owners within 200 feet, contiguous to, and directly across the street from the property, as appearing on the Pickaway County Auditor's current tax list.
D. Each application for a variance or appeal shall refer to the specific provisions of this Ordinance which applies.
E. A narrative statement explaining the following:
1. The use for which variance or appeal is sought.
2. Details of the variance or appeal that is applied for and the grounds on which it is claimed that the variance or appeal should be granted, as the case may be.
3. The specific reasons why the variance or appeal is justified, according to Section 1117.02
of this Ordinance.
7. APPLICATION FOR CONDITIONAL USE.
A. All of the information required for a zoning permit, as above.
B. A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading area, traffic circulation, open spaces, landscaping, refuse, and service areas, utilities, signs, yards, and such other information as the Board may require to determine if the proposed conditional use meets the intent and requirements of this Ordinance.
C. A narrative statement evaluating the effects on adjoining property, and a discussion of the general compatibility with adjacent and other properties in the district.
D. The names and addresses of all property owners within 200 feet, contiguous to, and directly across the street from the property, as appearing on the Pickaway County Auditor's current tax list.
E. Such other information regarding the property, proposed use, or surrounding area as may be pertinent to the deliberations of the Planning and Zoning Board.
APPENDIX B SIGNATURES/APPROVALS TO BE AFFIXED TO FINAL PLATS
A . Situated in the Village of Ashville, County of Pickaway, State of Ohio, and being of Section , Township Range containing acres and being the same tract as conveyed to and described in deed recorded in Deed Book Office of Pickaway County Recorder. We, the undersigned, being all the owners and lien holders of the land platted herein, certify that the attached plat correctly represents our "(name of subdivision)", a subdivision of lots through inclusive, do hereby voluntarily consent to the execution of said plat. We further agree that all streets, alleys and public areas so designated are hereby dedicated to public use, and that such streets, alleys and public areas shall not be formally accepted until such time that construction is complete. Easements are reserved for the construction, operation and maintenance of all public and/or private utilities proposed above and beneath the surface of the ground, and where necessary, for the construction, operation and maintenance of service connections to all lots and lands, and for storm drainage. After construction and grading is complete, monuments shall be placed on all lot corners where said monuments do not exist at the present time. In Witness thereof, we set our hands this day of , . Witness Owner(s) STATE OF OHIO, COUNTY OF PICKAWAY Before me a Notary Public in and for said County personally appeared who acknowledged the signing of the foregoing instrument to be their voluntary act and deed for uses and purposes therein expressed. In Witness whereof I have hereunto set my hand and affixed my Official Seal this day of , . Notary Public |
B. I, , hereby certify that I am a Professional Surveyor, licensed in the State of Ohio, and that I (we) have surveyed the premises and prepared the attached plat and that said plat is correct. All monuments shown thereon actually exist at their locations. Engineer/Surveyor Number Date C. APPROVALS Approved this day of , . Planning and Zoning Board Village of Ashville Approved this day of , . Village Engineer Approved this day of , . Zoning Inspector D. Rights-of-way for all streets, alleys, roads, and appurtenances, herein dedicated for public use are hereby approved and accepted as such for the Village of Ashville (Pickaway County, Ohio), this day of , , by Ordinance . Mayor Date E. This plat shall not be transferred or recorded until all above signatures are affixed. Transferred this day of , . Pickaway County Auditor Filed for record this day of , . Recorded this day of , , in Plat Book , Page No. Pickaway County Recorder |
(Ord. 2002-01. Passed 3-4-02.)
APPENDIX C SUMMARY OF SUBDIVISION APPROVAL PROCESS
1. Owner attends informal meeting with Planning and Zoning Board (PZB) to explain project. (This step is optional)
2. Owner submits ten (10) copies of application for preliminary plat to Zoning Inspector (ZI). ZI transmits copies of application material to PZB, Village Administrator, Village Engineer, and others as appropriate.
3. Village Administrator, Village Engineer submit comments on application to PZB.
4. PZB reviews comments and transmits the preliminary plat to Village Council, along with a recommendation to approve, disapprove or modify the application for the preliminary plat.
5. Village Council takes action on preliminary plat within thirty (30) days from receiving recommendation by PZB. Village Council should use criteria in Section 1113.06
to make a decision.
6. If preliminary plat is approved, Owner may prepare application for final plat.
7. Owner submits three (3) copies of Construction and Grading Plans and Specifications and cost estimates for subdivision to ZI. ZI transmits copies to Village Engineer, Village Administrator and PZB.
8. Village Engineer and Village Administrator submit comments on plans, specifications and estimates to PZB.
9. After approval of plans, Owner submits application for final plat approval to ZI. ZI transmits such application to PZB for consideration at next meeting.
10. PZB approves, disapproves or approves with modification the final plat, consistent with Section 1113.13
.
11. If final plat is approved, recording of plat must occur within sixty (60) days from date of approval. (Ord. 2000-14. Passed 7-24-00.)
CODIFIED ORDINANCES OF ASHVILLE
1181.01 REQUIRED IMPROVEMENTS.
The Owner/Developer of any land shall provide and pay the entire cost of improvements to such land as follows:
(a) Streets and parking areas, graded full width and paved, including drainage structures, bridges, sidewalks, curbing and other improvements;
(b) Sanitary sewers, including manholes, services and all appurtenances;
(c) Water distribution system including mains, services, valves, fire hydrants and all appurtenances;
(d) Storm sewers, including manholes, inlets and all the appurtenances;
(e) Monuments and stakes;
(f) Street signs designating the name of each street at each intersection within the development;
(g) Street lighting including poles, underground conduits and appurtenances;
(h) Utilities, including electric and cable television services;
(i) All other improvements shown on the plans as approved by the Village.
1181.02 OBLIGATIONS OF OWNER/DEVELOPER.
The Owner/Developer of the land being developed shall be subject to the following obligations:
(a) All construction work and materials used in connection with improvements shall conform to the requirements of the Village and be installed under the supervision of the Planning and Zoning Board, or their designated agent, at no expense to the Village. The Owner/Developer shall be responsible for all fees associated with subdivision reviews as may be established by Village Council pursuant to Chapter 1111. In addition, the Owner/Developer shall be responsible for all costs related to the inspection of improvements and/or legal fees for review of documents as may be required by this Ordinance.
(b) The Owner/Developer, or his agent, shall give three (3) working days notice to the Zoning Inspector prior to the commencement of any construction. The Owner/Developer shall also insure that no work shall be covered or obscured prior to inspection and acceptance by the Village.
(c) The Owner/Developer shall hold the Village free and harmless from any and all claims for damage of every nature arising or growing out of the construction of improvements or resulting from improvements and shall defend, at his own cost and expense, any suit or action brought against the Village by reason thereof, except such liability of the Village resulting from its sole negligence.
(d) All improvements and utilities will be satisfactorily installed within one year from the date of approval of the Construction Plans or within such time schedule as presented and approved by Planning and Zoning Board.
(e) As an alternative to the construction and approval of the required public improvements prior to recording the final plat, an acceptable performance assurance equal to one hundred percent (100%) of the Engineer's approved estimated cost of all required improvements shall be deposited with the Village. Such performance assurance shall consist of one of the following:
(1) A performance or construction bond equal to the estimated construction cost as approved by the Planning and Zoning Board for the public improvements. Such bond shall be without time limit;
(2) A certified check equal to one hundred percent (100%) of the estimated construction cost as approved by the Planning and Zoning Board for the public improvement; or
(3) Subject to the approval of the Planning and Zoning Board, a certification to the Village by the institution, person or corporation financing the construction of the public improvements stipulating that the funds in the amount of the estimated construction cost are available and set aside from all other funds, and further provided that:
A. These funds will not be released to the owner, developer, or their agent, unless said release is signed by the Village;
B. Such release by the Village only certifies that as best as the Village can determine, the construction was completed to the Village's satisfaction and does not relieve the Owner/Developer of the Village's maintenance guarantee requirement;
C. Ten percent (10%) of all monies released will be placed in an escrow account for use by the Village should there be cause for the Village to have to finish any work through the default, neglect or negligence of the Owner/Developer, or their heirs or successors;
D. Only the Village shall have the right to release the funds in the escrow account; and
E. Acceptance of the public improvements by the Village and the posting of the one year maintenance guarantee shall constitute release of the funds in the escrow account lacking any formal release by the Village.
(f) All easements, permits and approvals shall be obtained and all fees and deposits paid prior to beginning any construction of any improvements;
(Ord. 2000-14. Passed 7-24-00.)
(g) During construction and prior to acceptance of any public improvement, the Owner/Developer shall remove or cause to be removed such dirt and debris and foreign matter from all public rights of way, improvements and/or easements as were deposited, left or resulted from the construction of improvements of any nature within the development. Such removal shall take place within twenty-four (24) hours after being notified by the Village that such work is required, and shall be completed to the satisfaction of the Village Engineer.
(h) All public improvements shall be guaranteed by the Owner/Developer for a period of one year from the date such improvement is accepted by the Village. Such guarantee shall consist of a maintenance bond, certified check or other acceptable instrument, for ten percent (10%) of the total cost of the improvements. Such guarantee shall include any and all defects and deficiencies in workmanship and materials. The cost of all labor, materials, equipment and other incidentals required to maintain, repair and replace any or all of such improvements and to maintain them in good and proper condition, excluding ordinary wear and tear, but including filling trenches and restoring lawns, sidewalks, yards, streets, sewers, pipe lines, etc., during the one year guarantee period shall be assumed by such Owner/Developer. In the event the Owner/Developer fails to make such maintenance, repairs or replacements within a reasonable time after notice in writing by the Village, or in the event of an emergency which may endanger life or property, the Village may make or cause to be made, such repairs or replacements from the above guarantee.
(i) The Owner/Developer shall execute a development agreement with the Village, specifying the terms and conditions required under this chapter. Such agreement shall be subject to approval by the Village Engineer.
(j) No person or owner shall violate any of the regulations established in this chapter and upon violation the Village shall have the right to:
(1) Stop all work on the development site forthwith;
(2) Hold the bonding company responsible for the completion of the public improvements according to the approved construction drawing and the agreement.
1181.03 COSTS TO BE SHARED BY THE VILLAGE.
In consideration for the agreement by the Owner/Developer of the land being developed to install utilities and/or streets to sizes and configurations in excess of the needs of the land being developed, the Village shall share in the cost of the excess size and configuration of the utilities and/or streets as stipulated herein.
(a) A utility or street shall be considered excessive to needs of the land being developed when:
(1) The Village specifically requires a greater width, size or configuration of street for the purpose of meeting the future needs of the Village as provided for in approved systems studies.
(2) There is additional pavement width and depth and/or additional length of storm sewers and other improvements required for all thoroughfares.
(3) The Village requests that a waterline be more than eight (8) inches in diameter or more when such size is not required to meet the needs of the land being developed.
(4) A sanitary sewer line is eight (8) inches in diameter or more unless this size is required for the land being developed by reason of grade or trench loading requirements of the land being developed or because of anticipated flow from the land being developed.
(5) Other conditions warrant cost sharing and such conditions are approved by Village Council.
(b) The Village shall share in the cost of improvements by:
(1) Paying for all the material costs only for the size difference of the waterline, sanitary sewer pipe and the appurtenances thereto between what is required for the land being developed and what is excessive to the needs of the land being developed.
(2) Paying for all materials F.O.B. the plant, factory, supply depot or warehouse for such other improvements that are excessive to the land being developed.
(c) Nothing in this section shall be interpreted, read or construed to obligate the Village for expenses incurred by the Owner/Developer, contractor, subcontractor or other persons because of:
(1) Equipment or labor cost due to the oversizing or increased depth of waterlines or sewers;
(2) Equipment, labor or material cost due to improperly and/or unacceptable installed improvements including the removal and replacement thereof; or
(3) Any improvements installed prior to the approval of the cost sharing by the Village.
(d) Upon approval of the preliminary plat by Planning and Zoning Board, the following procedure shall be followed:
(1) The Owner/Developer shall submit to the Planning and Zoning Board a list of all improvements eligible for cost sharing and the amount of these costs. The Planning and Zoning Board shall submit such material to the Village Engineer for review;
(2) Upon review by the Village Engineer and recommendation by the Planning and Zoning Board, an ordinance shall be submitted to Village Council for approval, appropriating funds to cover the Village's portion;
(3) Upon completion and acceptance of the work and quantities thereof by the Village Engineer, the costs shall be certified to the Village Fiscal Officer by the Village Engineer.
(e) Failure of the Owner/Developer of the land to provide the Planning and Zoning Board and/or Village Engineer with copies of billings, invoices, contracts, agreements or such other evidence of construction costs as the Board deems necessary within six months of completion and acceptance of the improvements by the Village, shall constitute just cause to declare the agreement to cost share as provided herein, null and void and no reimbursement shall be made or moneys paid without reapproval by Council.
1183.01 GENERAL APPLICABILITY.
(a) Conformity with Standards. The design standards and requirements of this chapter shall apply to all subdivisions of land as defined in Chapter 1107. All public improvements undertaken in any subdivision shall conform to the improvement standards of this Ordinance, the “Village of Ashville Regulations and Material Specifications”, and the “City of Columbus Construction Material and Specifications”, as may be subsequently amended. In case of conflict between these standards, the most restrictive shall apply.
(b) Streets. The arrangement, character, width and location of all arterial and collector thoroughfares or extensions thereof shall conform to the Thoroughfare Plan and the Ashville Comprehensive Land Use Plan. Thoroughfares not contained in said Plan shall conform to the recommendations of the Planning and Zoning Board based on the design standards set forth in this Ordinance.
(c) Zoning. No subdivision or plat of land within the corporate boundaries of the Village of Ashville shall be approved unless it conforms with the zoning requirements as specified in Titles One through Five of this Ordinance. (Ord. 2000-14. Passed 7-24-00.)
1183.02 LAND SUITABILITY.
If the Planning and Zoning Board finds that land proposed for subdivision development is unsuitable due to flooding, poor drainage, topography, inadequate public facilities, and/or other condition that may be detrimental to the general health, safety or welfare of the public, the Board shall not approve such subdivision unless adequate methods are proposed by the Owner/Developer for alleviating the problems that would be created by development of the land. The Planning and Zoning Board may attach conditions to the approval of subdivisions in areas determined to be subject to the provisions of this Section. (Ord. 2000-14. Passed 7-24-00.)
1183.03 EROSION AND SEDIMENTATION CONTROL.
Measures shall be taken by the Owner/Developer to minimize erosion and its impacts during subdivision construction activity. The Planning and Zoning Board may require detailed erosion and sedimentation plans to be submitted if it determines that the size and/or scale of the proposed subdivision warrants such action. Generally, such a plan shall be required for any proposed land disturbance of five (5) acres or more or according to current Environmental Protection Agency (EPA) recommendations, whichever is more restrictive. Such plans shall indicate the techniques to be used to control erosion both during and after construction and permanently, and include a schedule for installing same. Erosion control plans shall be based on the control of erosion on-site, with the objective of eliminating or minimizing erosion and sedimentation impacts off-site. Techniques, devices and/or measures used shall be reviewed and approved by the Village Engineer.
Proposed erosion and sediment control design shall conform to the most recent edition of the Rainwater and Land Development, Ohio's Standards for Stormwater Management, Land Development and Urban Stream Protection manual, published by the Ohio Department of Natural Resources (ODNR).
An Ohio EPA Notice of Intent (NOI) permit shall be obtained prior to any ground disturbance of five (5) acres or more according to current EPA requirements.
All erosion and sedimentation control devices shall be in place at the start of construction activity. (Ord. 2000-14. Passed 7-24-00.)
1183.04 SURFACE RUNOFF AND STORM DRAINAGE.
(a) Outlets. No subdivision shall be approved by the Planning and Zoning Board unless there is an adequate outlet for stormwater as determined by the Village Engineer. Generally it will be necessary to pipe storm water to an adequate watercourse, stream or existing storm system which has the capacity to accommodate the flow, or to utilize acceptable on-site water retention methods adequate to minimize excessive off-site stormwater flows
(b) Preservation of Natural Drainage Courses. No natural drainage course shall be altered and no fill, buildings or structures shall be located unless provision is made for the flow of surface water, in a manner satisfactory to the Village Engineer. An easement shall be provided on both sides of the existing surface drainage course adequate for the purpose of future widening, deepening, enclosing or otherwise improving said drainage course. If such drainage course crosses private property, easements must be obtained by the Owner/Developer for construction and future maintenance. These easements must be shown on the Construction Plans. A copy of the recorded easement shall be shown on the final plat or incorporated by reference to the volume and page number of the recorded easement
(c) Grades. All surface areas not covered by a hard surface improvement or stone shall be seeded or sodded and sloped to drain, according to the following:
(1) Grass areas shall have a minimum slope or grade of one percent (1.0%).
(2) Grass areas next to buildings shall slope away from the building at not less than five percent (5%) for a minimum of ten feet.
(3) Ditches or swales in grassed areas with a bottom slope or grade between two percent and seven percent (2-7%) shall be sodded.
(4) Ditches or swales with a bottom slope or grade greater than seven percent (7%) shall have a paved or stone gutter as required by the Village Engineer.
(5) Ditches or channels with a slope flatter than one percent (1.0%) shall have a paved bottom.
(d) Drainage Data.
(1) Stormwater management practices for proposed development shall conform with the design standards and requirements as set forth in the “Stormwater Design Manual” (Mid-Ohio Regional Planning Commission; June, 1977) as may be subsequently revised.
(2) The storm drainage system of a proposed subdivision shall be designed to flow full conveying the stormwater runoff generated by a two (2) year frequency storm. The system shall also be capable of accommodating a five (5) year frequency storm such that the hydraulic grade line does not exceed the top of any structure grade.
(3) A major storm flood routing path shall be designed for all developments. This route shall be a part of the required storm drainage system and designed to carry stormwater runoff from a storm with a frequency of not less than 100 years, without causing significant threat to property or public safety. Depth of flow shall not exceed six inches (6") above the curb. An easement must be dedicated for the protection and maintenance of this flood route.
(4) Drainage calculations shall be submitted along with a master drainage plan to the Zoning Inspector at the same time the construction drawings and/or Development Plan is submitted.
(e) Culverts. All culverts utilized in subdivisions shall have the appropriate headwalls and other structures and improvements to protect the facility, as determined by the Village Engineer. Such culverts shall be designed according to the most current Ohio Department of Transportation (ODOT) drainage design recommendations.
(Ord. 2000-14. Passed 7-24-00.)
1183.05 STREETS,
(a) Classification and Street Width. Right-of-way and pavement widths shall be designed as shown on the following Table. Pavement widths shall be measured from face to face of curb.
Street | ADT Range | Minimum ROW (ft.) | Minimum Pavement Width | Minimum Grade | Maximum Grade |
Arterial | Over 5,000 | 100 | 52 | .5% | 6% |
Major Collector | 1,000-5,000 | 80 | 36 | .5% | 6% |
Minor Collector | 500-1,000 | 70 | 36 | .5% | 7% |
Local | Less than 500 | 60 | 30 | .5% | 8% |
Cul-de-Sac | -- | 50 | 26 | .5% | 8% |
Typical sections and standards for these streets are found in the “Village of Ashville Regulations and Material Specifications”.
The arrangement and classification of all streets in newly developed areas shall conform to the Thoroughfare Plan. The Planning and Zoning Board shall make the final determination as to the classification of any street upon which there is disagreement, based on the character and potential development of the surrounding area, and the street classification table above.
(b) Alignment.
(1) The street pattern shall make provision for the continuance of streets into adjoining areas and for the connection to existing rights-of-way in adjacent areas.
(2) If a subdivision adjoins or contains an existing or proposed principal arterial street or minor arterial street, the Planning and Zoning Board may require marginal access streets or reverse frontage with a planting strip of a minimum width of twenty (20) feet on the rear of those lots abutting the street, and no vehicular access across the strip.
(3) Local streets shall be laid out so as to discourage use by through traffic.
(4) Streets shall intersect one another at ninety (90) degrees, or as near to ninety (90) degrees as possible, but in no case less than eighty-five (85) degrees. The approaches to the intersection shall be maintained at the angle of intersection for a minimum distance of one hundred (100) feet.
(5) Street jogs shall be discouraged. Where such jogs are unavoidable, in no case shall the centerlines be offset by less than 125 feet.
(6) The maximum length of a cul-de-sac shall be 600 feet, measured from the centerline of the intersecting street to the middle of the turn around.
(7) Half streets shall be prohibited.
(8) Vertical curves shall be provided where street profile grade breaks have an algebraic difference greater than one percent (1%). Vertical curves shall be designed according to current DOT design criteria with sight distances based on design speeds and minimum length of twenty (20) times the algebraic distance of grades or forty feet (40'), whichever is longer.
(9) Horizontal curves shall be provided for deflections in street alignments according to current ODOT design criteria. Minimum horizontal radii shall not be less than 200'.
(10) Minimum center line off set of adjacent intersections shall be as shown on the following Table:
Street Type | Distance |
Arterial-Arterial | 1,320' |
Arterial-Collector | 1,320' |
Arterial-Local | 300' |
Collector-Collector | 300' |
Collector-Local | 250' |
Local-Local | 175' |
(11) The minimum curb radius shall be twenty-five feet (25') without curb, the minimum pavement radius shall be thirty-five feet (35') to the edge of pavements.
(c) Dedication. The necessary rights-of-way for widening or extension of all thoroughfares, as delineated in the Thoroughfare Plan, shall be dedicated to public use. When a subdivision fronts on an existing Village street, or County or township road, dedication shall be made to the proper authority so as to meet the requirements of the table in subsection (a) above.
(d) Blocks. Blocks shall not exceed 1,500 feet in length except where specific topographic conditions require a greater length.
(e) Street Names. The names of new streets shall not duplicate names of existing dedicated streets except that new streets which are extensions of existing streets shall bear the names of such existing streets. All new roadways shall be named according to the following manner:
Direction | Over 1,000 Feet | Under 1,000 Feet |
North/South | Street | Place |
East/West | Avenue | Court |
Diagonal | Road | Way |
Curving | Drive | Circle |
(f) Curbs, Gutters and Sidewalks. Curbs, gutters and sidewalks shall be required in all subdivisions where the lots average one hundred (100) feet or less of frontage, as shown on the preliminary plat. Sidewalks shall be required for all subdivisions, regardless of frontage, located within 1,500 feet from a public school.
(g) Driveways.
(1) No driveway shall be approved providing direct access from a single or two family residential lot to a street designated on the Thoroughfare Plan as an arterial street, except where no alternative access is available.
(2) Driveway approaches shall be constructed in conformity with the “Village of Ashville Regulations and Material Specifications”.
(3) Private driveways shall be paved with asphalt, concrete or similar material so as to provide a permanent hard, durable and dustless surface.
(4) Depressed driveways shall be prohibited if the elevation of the sidewalk at the driveway is within twenty inches (20") vertical distance from the lowest point of the adjacent street. (Ord. 2000-14. Passed 7-24-00.)
1183.06 LOTS.
(a) All lots shall have the required frontage on an improved public street or an approved private street.
(b) Lots in subdivisions located within the Village of Ashville shall meet the dimension and area requirements of the zoning district in which the subdivision is located.
(c) All residential lots shall be approximately rectangular in shape, and should not have a depth in excess of three (3) times their width, except where extra depth is necessary due to topography and/or natural conditions, or to meet the requirements of this Zoning Code.
(d) Double frontage and reverse frontage lots should be avoided, except where required to provide separation from arterial streets, or to overcome specific conditions of topography and/or orientation. In such cases, an easement shall be provided along the rear lot line across which there shall be no vehicular access.
(e) Whenever possible, side lot lines should be at right angles or radial to street lines.
(f) Except where alleys are provided for such purpose, each lot shall have necessary easements along side and rear lot lines for utility lines. Such easements shall not be less than eight (8) feet wide on each lot.
(g) Easements shall be provided on both sides of any open drainage courses for the purposes of widening, deepening or general maintenance. Such easements shall be a minimum of fifteen (15) feet wide from the design width of the drainage course.
(Ord. 2000-14. Passed 7-24-00.)
1183.07 SANITARY SEWERS.
(a) The design and construction of the overall sanitary sewer collection system shall be in conformance with the requirements of the “Village of Ashville Regulations and Material Specifications”, the Ohio Environmental Protection Agency (OEPA) and the Ohio Department of Health.
(b) Sanitary sewer lines shall be located in a dedicated easement or street right-of way, except under special conditions, when this requirement may be waived by the Planning and Zoning Board, upon recommendation of the Village Engineer
(c) Only under circumstances of extreme hardship shall sewage lift stations be permitted in subdivisions established after the effective date of this Ordinance. Such systems shall only be permitted with the approval of the Village Engineer and the Village Administrator.
(d) Minimum line size shall be eight inches (8" ). Downstream sewer pipe sizes shall be greater than or equal to the upstream size unless otherwise approved by the Village Administrator. If larger pipe sizes are required to accommodate future growth, the Village may participate in the costs associated with the larger sizes, in accordance with Section 1181.03 of this Ordinance. (Ord. 2000-14. Passed 7-24-00.)
1183.08 WATER LINES.
(a) Water lines shall be designed, sized and constructed so as to be in conformance with the “Village of Ashville Regulations and Material Specifications”. Fire hydrants shall be located, so that adequate fire flow to each structure, based on the current guidelines of the Insurance Services Office (ISO) can be met.
(b) Water lines should be located within the street right-of-way or dedicated easement, except under special circumstances, when this requirement may be waived by Planning and Zoning Board, upon recommendation of the Village Engineer.
(c) The standard minimum size of mains shall be eight inches (8"). If larger line sizes are required to accommodate future growth, or to provide for fire flows in excess of those required for the proposed development, the Village may participate in costs for the size increase, in accordance with the procedures of Section 1181.03 of this Ordinance.
(d) Minimum cover for water lines shall be forty-eight inches (48"). Water mains shall be laid so that at least ten feet (10') of horizontal distance and eighteen inches (18") vertical distance is maintained between the water main and sanitary sewer line. In cases where ten feet (10') of horizontal distance cannot be maintained, such as a crossing, the vertical distance shall be maintained. At crossings, one full length of water pipe should be used so both joints will be as far away from the sewer line as possible. (Ord. 2000-14. Passed 7-24-00.)
1183.09 UNDERGROUND UTILITIES AND STREET LIGHTING.
(a) Underground utilities shall be required for all subdivisions within the subdivision jurisdiction of the Village of Ashville.
(b) Street lights shall be required for all subdivisions where the total number of residential lots exceeds ten (10), or where the lots average one hundred (100) feet or less of frontage, as shown on the preliminary plat.
(c) Illumination for street lights shall be uniform and shall follow the recommendations of the current Illuminating Engineering Society (IES) Handbook. The type of street light fixtures to be used shall be reviewed by the Planning and Zoning Board, and shall be of a type consistent with the scale and character of the proposed subdivision. Streetlights shall be spaced in accordance with the most current “City of Columbus Street Lighting Specifications”.
(Ord. 2000-14. Passed 7-24-00.)
1183.10 PUBLIC SITES AND OPEN SPACE.
(a) Relationship to Comprehensive Plan. Where a proposed park or school site, as shown on the Ashville Comprehensive Land Use Plan, as may be subsequently amended, is located in whole or in part within a proposed subdivision, the Planning and Zoning Board may require the following:
(1) The dedication to the public of part or all of the proposed site, and/or
(2) Reservation of the site for a period of up to three (3) years to enable acquisition by the appropriate agency or entity.
(b) Minimum Dedication Requirements. The Owner/Developer shall be required to reserve a minimum of ten percent (10%) of the total area of the land included in the proposed plat as permanent open space. The open space shall either be dedicated to a public agency which has expressed a desire to accept and maintain the open space or shall be transferred to a private association or entity. If the open space is transferred to a private association or entity, acceptable provisions for the perpetual maintenance of the open space shall be stated on the plat.
Land proposed for open space shall be suitable for recreational purposes. The Planning and Zoning Board shall have the authority to determine whether the proposed open space and maintenance provisions are acceptable. Lands used for the provision of utilities shall not be considered suitable open space for the purposes of this Ordinance.
(c) Fee in Lieu of Dedication. In cases where the Planning and Zoning Board determines that the dedication of open space within the proposed subdivision is not suitable for dedicated open space, the Owner/Developer may be required to pay an amount equal to ten percent (10%) of the total value of the land within the proposed subdivision, as shown on the current tax records, or a set fee of $250 per platted lot, to the Village of Ashville. This payment in lieu of dedication shall be placed in a separate fund to be used by the Village only for the purposes of open space acquisition, improvement or maintenance of public open space and recreational facilities for the benefit of the residents of the Village. (Ord. 2000-14. Passed 7-24-00.)
1183.11 MONUMENTS.
(a) Location. Monuments shall be placed at each change of direction of a subdivision, dedication or development boundary, at the point of intersection of the centerlines of all streets, at the beginning and end of each street centerline curve and at the center of each cul-de-sac. Monuments in the street centerlines shall be placed upon the completion of paving. Monuments outside of the street pavement shall be placed or verified upon the completion of work in the immediate area of the location of the monument.
(b) Standards. Monuments and markers shall be set approximately one-fourth (1/4) inch above finished grade and shall be:
(1) Concrete monuments cast in place using a copper or iron dowel pin insert for the point marker. The cast-in-place concrete shall be approximately six (6) inches in diameter and thirty-six (36) inches deep. The dowel shall be embedded at least three (3) inches into the concrete.
(2) Iron or steel bars with a diameter of one-half (1/2) inch to one (1) inch and a length not less than thirty-six (36) inches.
(Ord. 2000-14. Passed 7-24-00.)
1185.01 GENERAL.
The design and construction of the improvements required by this Ordinance shall conform to the standards and specifications appearing in this Ordinance, the “Village of Ashville Regulations and Material Specifications” and other legally adopted ordinances of the Village of Ashville. Such improvements shall be designed, furnished and installed by the Owner/Developer of the subdivision. The Owner/Developer shall be responsible for the costs of all tests required by the Planning and Zoning Board and the Village Engineer to establish that the materials and methods utilized in construction of the improvements meets the specifications. Subdivisions shall be provided with the same improvements whether the streets are public or private, except in special situations as approved by the Planning and Zoning Board.
1185.02 STREETS.
(a) Street Grading. No street grading shall be permitted until the final construction plans have been approved by the Village Engineer and inspection fees have been paid. No street grading shall be commenced without three (3) working days notice to the Village Engineer.
(b) Street Subgrade. All streets shall be graded to their full width, including side slopes. No obstructions shall be placed or allowed to remain in the street right-of-way. The subgrade shall be free of sod and/or vegetative or organic matter. Soft clay and other unsuitable material shall be cleared to a depth as determined by the Village Engineer. The subgrade shall be shaped and compacted subject to the requirements of the Village Engineer, and no fill shall be placed until said subgrade has been inspected and approved.
(c) Pavement Application. No pavement shall be placed until the prepared subgrade has been inspected and approved. The finish pavement course shall not be placed over the base course until a period of time as specified by the Village Engineer has elapsed. All failures in the base course must be repaired prior to installation of the finish course.
(d) Street Signs. The Owner/Developer shall provide and install street name and parking signs at intersections and other locations as designated by the Planning and Zoning Board. The material, graphics and content are subject to approval by the Planning and Zoning Board.
1185.03 SANITARY SEWERS.
(a) Concrete Encasement. Concrete encasement shall be used when required for the sanitary sewer to withstand trench loadings, when rock is encountered in the trench bottom or when the cover is less than two-and-one-half (2 ½) feet.
(b) Testing. Leakage tests are required for all sanitary sewers except building sewers. Deflection tests are required for all sewers utilizing PVC pipe.
(c) Building Sewers. Building sewers shall be constructed at no expense to the Village. Before any building sewer is constructed, a tap permit must be obtained from the Village. Installation of building sewers shall conform to applicable regulations of this and other applicable regulations of the Village. An "S " shall be stamped into the face of the curb at the location of any building sewer tap.
1185.04 WATER SYSTEMS.
(a) Water Service Lines. All water service lines shall be installed not less than forty- eight inches (48") below the ground or pavement surface. Services shall be constructed after the street is rough graded and prior to the installation of paved surfaces and curbs.
(b) Curb Boxes. Curb boxes shall be located between the sidewalk and the curb. All curb boxes shall be adjusted to the finished ground surface. A "F" shall be stamped into the face of the curb opposite each curb box before the concrete has set.
1185.05 CERTIFICATION OF IMPROVEMENTS.
Upon the completion of construction, and prior to acceptance by the Village, the Owner/Developer's engineer shall provide the Zoning Inspector with a letter which certifies that the construction is in conformance with the approved Construction Plans and other applicable regulations of the Village.
1185.06 RESPONSIBILITY AND LIABILITY DURING CONSTRUCTION.
No streets or public improvements shall be the responsibility of any public entity prior to formal acceptance. Until such time as such improvements have been approved and accepted, the Owner/Developer shall assume full responsibility and liability for all areas dedicated to the public, and the improvements thereon. The Owner/Developer shall agree to indemnify and hold harmless the Village of Ashville until such time as the improvements are accepted.
1194.01 PURPOSE AND INTENT.
The purpose and intent of this chapter are:
(a) To establish uniform procedures for the imposition, calculation, collection, expenditure, and administration of impact fees imposed on new development;
(b) To assure new development contributes its fair and proportionate share towards the costs of public facilities reasonably necessitated by such new development;
(c) To ensure new development benefits from the provision of the public facilities provided with the proceeds of impact fees;
(d) To ensure impact fees collected pursuant to this chapter are expended only on public facilities the demand for which is generated by the new development against which the fees are assessed;
(e) To ensure impact fees assessed pursuant to this chapter are proportionate in amount to the degree of impact new development has on public facilities; and
(f) To ensure all applicable legal standards and criteria are properly incorporated in these procedures.
(Ord. 2022-23. Passed 12-19-23.)
1194.02 DEFINITIONS.
Words and terms not specifically defined below carry their normal dictionary meanings. An additional reference for zoning and development terms is The New Illustrated Book of Development Definitions, Harvey S. Moskowitz and Carl G. Lindbloom, ISBN 0-88285-144-6 or the latest edition:
(a) "Applicant. " Any person who files an application with the Village for a zoning permit to undertake new development within the Village.
(b) "Appropriation or to appropriate. " An action by the Village or Village Administrator to identify specific public facilities for which impact fee funds may be utilized. "Appropriation" shall include, but is limited to: inclusion of a public facility in the adopted Village budget, capital improvements plan, or comprehensive plan; execution of a contract or other legal encumbrance for construction or acquisition of a public facility using impact fee funds in whole or in part; and/or the expenditure or transfer of impact fee funds from an impact fee account for the financing of public facilities that provides or will provide a roughly proportionate benefit to new development.
(c) "Capital Improvement Plan." A schedule of public facility improvements to be undertaken by the Village as determined from time to time by the Village Council or as set forth in the capital budget and/or the comprehensive plan.
(d) "Codified Ordinances." The Codified Ordinances of Ashville, Ohio, as amended from time to time.
(e) "Comprehensive Plan" The Comprehensive Plan for the Village and any subsequent plans adopted by Village Council.
(f) "Credit." A reduction in the amount of an Impact Fee due pursuant to this chapter that may be granted pursuant to an approved reimbursement and validly executed development agreement between the Village and an applicant, which results in the provision of excess public facility capacity sufficient to offset the impacts of the proposed new development on public facilities.
(g) "Fiscal Officer." The Fiscal Officer for the Village of Ashville, Ohio or their designee.
(h) "Institutional." Establishments designed to aid individuals in need of mental, therapeutic, rehabilitative counseling or other correctional services.
(i) "Limited Industrial District." Establishments characterized by a mix of manufacturing (small items), service, and warehouse facilities in the same building with a wide variation in the proportion of each type of use as indicated in Chapter 1157.
(j) "Manufacturing" Establishments engaged in the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the creation of products, and the blending of materials, such as oils, plastics, resins, or liquors.
(k) "Impact Fee." A fee imposed on new development on a proportionate basis in connection with, and as a condition of, the issuance of a zoning permit and which is calculated to defray all or a portion of the costs of the public facilities required to accommodate new development at Village-designated level of service (LOS) standards and which provides a roughly proportionate benefit to new development and is proportionate in amount to actual impact of new development on the public facilities to be funded with impact fee funds.
(l) "Methodology report." A report titled "Impact Fee Methodology and Costing Report" prepared in support of this chapter. by Strand Associates, Inc., dated December, 2022 which sets forth the methodology and rational basis for the determination of the impact of new development on public facilities; the proper and proportionate amount of the impact fee to be assessed against new development: and the mechanisms for ensuring that a rational nexus exists between the fee amount and the impact of new development on public facilities and the roughly proportionate benefits that accrue to new development paying the impact fee.
(m) "New development." Any construction, reconstruction; redevelopment, rehabilitation, structural alteration, structural enlargement, structural extension, or new use within the Village that requires a zoning permit after the effective date of this chapter, including any change in zoning district of an existing building, structure, or lot that increases the demand for one or more public facility; except as otherwise provided in Section 1194.03(d).
(n) "Nonresidential." Any use or development that is not a residential use.
(p) "Office." Establishments used primarily for conducting the affairs of a business, profession, service, industry, or government and generally furnished with desks, tables, files, computers, and communication equipment.
(q) "Planning and Zoning Code." Part 11 of the Codified Ordinances of the Village of Ashville.
(r) "Public facility." Non-site-related capital improvements to the roadway network including roadway widening, intersection improvements, and associated infrastructure that provides a roughly proportionate benefit to new development. "Public facilities" are nonrecurring and are treated as capitalized expenses according to generally accepted governmental accounting principles. "Public facilities" do not include costs associated with the operation, repair, or maintenance of public facilities.
(s) "Public facility expenditures." Amounts appropriated in connection with the planning, design, engineering, and construction of public facilities; including planning, legal, appraisal, and other costs related to the acquisition of land, financing (including the issuance of bonds or other obligations of indebtedness used to pay for public facilities), and development costs; the costs of compliance with purchasing procedures and applicable administrative and legal requirements; and all other costs necessarily incident to the provision of public facilities.
(t) "Reimbursement." Repayment of impact fees in an amount that fairly reflects the value of public facilities dedicated or constructed by an applicant.
(u) "Residential use." Any use or development that includes or results in the creation of a dwelling unit, as defined in the Codified Ordinances.
(v) "Restaurant." Establishments where food and drink are prepared and sold for consumption within the facility or consumption outside of the facility and where ordering and pickup may take place from an automobile.
(x) "Retail." Establishments engaged in selling or renting goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.
(y) "Service charge." A charge against each applicant paying an impact fee, not to exceed two percent (2%) of the total impact fee assessed against the proposed new development, used solely for costs incurred in the administration of this chapter.
(z) "Village." Village of Ashville, Ohio.
(aa) "Village Council." The Council of the Village of Ashville, Ohio.
(bb) "Village Administrator." The Village Administrator for the Village of Ashville, Ohio or their designee.
(cc) "Warehousing." Establishments engaged in the receipt, storage, and/or distribution of goods, products, cargo and materials.
(dd) "Zoning Permit" A document issued by the Village Administrator in accordance with the Zoning Code authorizing the use of lots, structures, uses of land and structures, and the characteristics of the uses.
(Ord. 2022-23. Passed 12-19-23.)
1194.03 APPLICABILITY AND EXEMPTIONS.
(a) Term. This chapter and the procedures established herein shall remain in effect unless and until repealed, amended, or modified by Village Council.
(b) Affected Area. Impact Fees are to be imposed on new development proposed within the corporate boundaries of the Village, as they exit now or as changed from time-to-time.
(c) Type of Development Affected. Except as provided in subsection (d) below, this chapter applies to all new development and all revenue producing areas of the development
(d) Type of Development Not Affected; Exemptions. This chapter does not apply to:
(1) No net increase in nonresidential development. No Impact Fee shall be imposed on any new nonresidential development that does not increase the demand for public facilities; this includes, but is not limited to, such non-revenue producing areas of a development such as storage yards, porches without sales area or merchandise displays, and all similar such areas.
(2) Remodeling or improvements. No Impact Fee shall be imposed for remodeling or improvements to an existing structure provided there is no change in use and no net increase in the number of dwelling units or amount of nonresidential floor area.
(3) Replacements. No Impact Fee shall be imposed on the replacement of a destroyed or partially destroyed structure provided there is no change in use and no net increase in the number of dwelling units or amount of nonresidential floor area.
(4) Temporary uses. No Impact Fee shall be imposed on a temporary use, including construction trailers and offices, but only for the life of the zoning permit issued for the construction served by the trailer or office.
(5) Development agreements. No Impact Fee shall be imposed on new development that is the subject of a duly executed and lawful development agreement entered into by an applicant and the Village prior to the effective date of this chapter, which agreement contains provisions in conflict or inconsistent with this chapter, but only to the extent of the conflict or inconsistency.
(6) Governmental uses. Prior to the application for a zoning permit, a local, regional, State or Federal governmental agency or school district may seek an exemption to this chapter by applying to Village Council, who shall review all such exemption applications and shall establish a reasonable basis for the granting or denying of all such requests.
(7) Other uses. No Impact Fee shall be imposed on a use, development, project, structure, building, fence, sign or other activity whether a zoning permit is required, which does not result in an increase in the demand for public facilities.
(8) Non-profit organizations. No Impact Fee shall be imposed on any nonprofit organization (NPO), also known as a non-business entity, not-for-profit organization, or nonprofit institution, or any other legal entity organized and operated for a collective, public or social benefit, in contrast with an entity that operates as a business aiming to generate a profit for its owners.
(9) Extraordinary Economic Development. Village Council may exempt all, or part of, a particular development project from Impact Fees if such project is determined, under the criteria set forth below, to create extraordinary economic development and/or employment growth.
A. The Village hereby establishes a policy to encourage employment growth and economic development in order to provide a balance between jobs and housing, provide adequate income levels for its residents, and to promote balanced and orderly growth. Further, it is the intent of this section to establish a mechanism that removes potential regulatory barriers to the establishment of businesses that provide employment and economic development in the Village, and it is the further specific intent of this section that the waiver provisions contained herein shall not apply to residential developments. The Village specifically desires to review all applications for exemptions on an individual basis and further wants the review and approval process to be fair, consistent, and based on established criteria. Also, the process should ensure the businesses that are granted exemptions provide the benefits recited in this section and the due process rights of all applicants are protected.
B. In order to grant an exemption under this section, Village Council shall:
i. Review the Village Administrator's recommendation and the Finance Committee's recommendation, and shall;
ii. Conduct a public hearing at which the applicant may explain the elements of its application and present any further information that may assist in Village Council's review, and may;
iii. Grant the requested exemption only if Village Council determines:
a. The application fully meets the policies herein established; and
b. The projected employment growth is based on either existing payroll figures or other available evidence that reflects a potential annual payroll that exceeds two and one-half million dollars ($2,500,000.00) and it is recognized that this threshold may be adjusted upward based on an annual Council review; and
c. The value of the exemption or waiver is recovered in twenty-four (24) months based on projected income tax revenues from the development.
iv. Enter into a written contract with the Applicant that requires the Applicant to repay the exempted Impact Fees if the conditions under which the exemption was granted are not fully and timely met.
(Ord. 2022-23. Passed 12-19-23.)
1194.04 PROCEDURES FOR IMPOSITION, CALCULATION, REIMBURSEMENT, CREDIT, AND COLLECTION OF IMPACT FEES.
(a) In General. The Village Administrator must notify the applicant of the applicable
Impact Fee requirements, including applicable service charges, at the time of application for a zoning permit on a form provided by the Village. The Village Administrator must calculate the applicable impact fee at the time of application for a zoning permit. The Village may not issue a zoning permit until the applicant has paid all impact fees due pursuant to this chapter.
(b) Non-binding Impact Fee Estimate. An applicant may request a non-binding estimate of Impact Fees due for a particular new development at any time by filing a request on a form provided for such purpose by the Village; provided, however, that such estimate may be subject to change when a formal application for a zoning permit for new development is made. Such non-binding estimate is solely for the benefit of the prospective applicant and in no way binds the Village or precludes it from making amendments or revisions to any provisions of this chapter or the specific impact fee implementing ordinances. No vested rights, legal entitlements, or equitable estoppel accrue by reason of a non-binding estimate. A non-binding fee estimate does not constitute a final decision and may not be appealed.
(c) Calculation.
(1) Upon receipt of an application for a zoning permit, the Village Administrator must determine:
A. Whether the proposed new development constitutes a residential or nonresidential use;
B. The specific category of residential or nonresidential development; and
C. The amount of additional square feet of nonresidential gross floor area or the number of additional dwelling units associated with the proposed use.
(2) If the application for a zoning permit involves a change in zoning district, the Impact Fee must be calculated upon the incremental increase in the public facility capacity created by the proposed change in zoning district.
(3) After making these determinations, the Village Administrator must calculate the applicable Impact Fee by multiplying the number of dwelling units or amount of nonresidential floor area proposed by the amount of the applicable Impact Fee per unit of development, incorporating any applicable exemptions or credits.
(4) If the type of land use proposed for new development is not expressly listed in this Chapter and Impact Fee schedule, the Village Administrator, in consultation with other Village staff and consultants, as necessary, must:
A. Identify the most similar land use type listed and calculate the Impact Fee based on the Impact Fee for the land use identified;
B. Identify the broader land use category within which the specified land use would apply and calculate the Impact Fee based on the Impact Fee for that land use category; or
C. As appropriate, determine the basis used to calculate the Impact Fee pursuant to an independent impact analysis pursuant to subsection (d) below.
D. The Village Administrator's determination must be based on a generally accepted land use classification system (e.g., the North American Industry Classification System, the Land-Based Classification Standards, and/or ITE' s Trip Generation Manual) and the methodology report.
(5) The calculation of Impact Fees due from a multiple-use new development must reflect the aggregated demand for each public facility generated by each land use type within the proposed new development.
(6) The calculation of Impact Fees due from a phased new development must reflect the demand generated by each specific land use within the phase of development for which a separate zoning permit is requested.
(7) Impact fees must be calculated based on the Impact Fee amount in effect at the time of application for a zoning permit.
(d) Independent Impact Analysis. If the applicant believes the Impact Fee calculations are in error or would violate a right that is protected by either the State or Federal constitutions, the applicant shall conduct an Impact Fee analysis. The following provisions shall apply to any independent impact analysis:
(1) The applicant is responsible, at its sole expense, for conducting and preparing the independent impact analysis, which must be reviewed for approval by the Village Administrator prior to payment of the fee.
(2) The independent impact analysis must measure the impact that the proposed new development will have on the specific public facility at issue, must be based on the same methodologies used in the methodology report, and must be supported by professionally acceptable data and assumptions.
(3) Within sixty (60) days of submittal of the independent impact analysis, the Village Administrator must provide written notice to the applicant as to whether the analysis is accepted or rejected based on the provisions of this section. If the independent impact analysis is rejected, the written notice must provide an explanation of the insufficiencies of the analysis.
(4) The final decision of the Village Administrator may be appealed to Village Council. The filing of an appeal does not stay the imposition, or the collection of the Impact Fee as calculated by the Village Administrator unless a cash bond or other sufficient surety has been provided to the Fiscal Officer. The Fiscal Officer shall hold the bond or surety pending outcome of all available appeals. If the appeal is accompanied by a cash bond or other sufficient surety, in an amount equal to the Impact Fee calculated to be due, a zoning permit may be issued pending resolution of the final appeal.
(e) Reimbursements and Credits.
(1) Eligibility for a reimbursement. The Village may enter into a development agreement with an applicant, which provides for the reimbursement of Impact Fees in exchange for the dedication or construction of public facilities made necessary by a proposed new development. The Village may reimburse Impact Fees already paid only for the type of facility dedicated or constructed by the applicant. Reimbursements must be made from the Impact Fee Fund. No Impact Fee may be reimbursed for a proffered public facility unless:
A. It is included in the Village's capital and operating budgets, capital improvement plan, or the methodology report; or
B. It adds public facility capacity made necessary by and to be provided for the roughly proportionate benefit of new development.
(2) Additional provisions.
A. In order to be eligible for a reimbursement, the applicant must receive approval by the Village pursuant to the provisions of this chapter, prior to the issuance of a zoning permit.
B. The Village shall not reimburse the applicant in an amount exceeding the amount of the Impact Fee due pursuant to this chapter.
C. The Village shall not reimburse the applicant until a proffered land dedication is finalized or the construction project is at least fifty percent (50%) complete. Reimbursement may then occur based on the percent completion of the project on a pro rata basis.
D. If an applicant proposes to dedicate or construct public facilities valued at an amount greater than the amount of the Impact Fee due, then the development agreement may provide for reimbursements to the applicant by future developers of costs incurred over and above those reimbursed by the Village.
(3) Procedures for reimbursements.
A. Application made to the Village Administrator. Applications for an agreement by the Village to provide a reimbursement upon completion of certain work by the applicant must be made on a form provided by the Village. The application must be accompanied by a proposed development agreement developed through coordination with Village staff. Upon receipt of a complete application an proposed development agreement, the Village Administrator and other appropriate staff and/or consultants must review the application and proposed development agreement, as well as such other information and evidence as may be deemed relevant. The Village Administrator must forward a recommendation report stating whether a reimbursement is proper, based on the provisions of this chapter, to Village Council. The Village Administrator's recommendation report shall assume that upon completion of the work by the applicant as set forth within the proposed development agreement the same will comply in all material ways with the proposed development agreement and Village standards.
B. Village Council. Based on the Village Administrator's recommendation report, the provisions of this chapter, the capital improvement plan, comprehensive plan, adopted Village budget, and the methodology report, Village Council shall make a final decision to accept, reject, or accept with conditions the proposed reimbursement and proposed development agreement.
C. Appeals. Appeals from the final decision of Village Council shall be made to the Court of Common Pleas of Pickaway County. The filing of an appeal does not stay the imposition or the collection of the Impact Fee as calculated by the Village Administrator unless a cash bond or other sufficient surety has been provided to the Fiscal Officer. The Fiscal Officer shall hold the bond or surety pending outcome of all available appeals. If the appeal is accompanied by a cash bond or other sufficient surety, in an amount equal to the Impact Fee calculated to be due, a zoning permit may be issued pending resolution of the final appeal.
(4) Calculation of the value of dedication or construction. The amount of the reimbursement to be paid by the Village is to be calculated as follows:
A. Construction of facilities and provision of equipment. The reimbursement must be equal to the actual cost of construction or equipment as evidenced by receipts and other sufficient documentation or the amount of Impact Fees due pursuant to this chapter, whichever is less.
B. Dedication of land. At the option of the applicant, the reimbursement is to be based on either the assessed value of the proffered land, based on the most recent County property appraisal, or the fair market value of the land as determined by a certified property appraiser hired and paid for by the applicant. If the latter option is chosen and the Village rejects the applicant's appraisal, the Village may hire and pay for a second appraiser to appraise the property. If either party rejects the second appraisal, a third appraisal may be performed by an appraiser chosen by the first and second appraisers, the costs of which are to be shared equally by the Village and the applicant. The third appraisal is binding on both parties. All appraisals must be consistent with generally accepted appraisal techniques and the date of valuation must be the date of transfer to the Village.
(5) Development agreement requirements. No reimbursement may be made except pursuant to an executed development agreement between the Village and the applicant, which must include, but is not necessarily limited to; the following:
A. The estimated cost of the public facility to be constructed or dedicated, based on the provisions of this chapter;
B. A schedule for the initiation and completion of the construction of a public facility;
C. The amount of the Impact Fees to be reimbursed by the Village to the applicant;
D. The schedule for making reimbursement payments to the applicant, based on the provisions of this section;
E. Provision for reimbursements to the applicant by future developers of costs incurred over and above those reimbursed by the Village pursuant to this section;
F. The applicant's agreement to construct all public facilities in accordance with Village specifications and all regulations set forth in the Codified Ordinances; and
G. Such other terms and conditions as deemed necessary by the Village.
(6) Transfer and assignment. The reimbursement may be paid only to the original applicant or the applicant's legal successor in interest with a contractual right to the reimbursement.
(7) Eligibility for credits for excessive dedication or construction. An applicant may be given a credit against an Impact Fee upon demonstration that, after the date of this chapter, a public facility was dedicated or constructed by the applicant with sufficient excess capacity to offset the impacts of the applicant's proposed new development. For a credit to be accepted, the applicant must demonstrate the dedicated or constructed public facility will reduce the overall need for public facilities and the applicant has secured a contractual right to an allocation of the excess capacity equal to the total or any portion of the Impact Fee owed by the applicant. Any approved credit must be consistent with the adopted Village budget, capital improvement plan, comprehensive plan, and the methodology report.
(8) Procedures for credits.
A. Application made to the Village Administrator. Applications for a credit must be made on a form provided by the Village. The application must be accompanied by a development agreement executed after the effective date of this chapter, which demonstrates that excess public facility capacity has been provided by the applicant, which will provide a roughly proportionate benefit to the new development proposed by the applicant. Upon receipt of a complete application, the Village Administrator, and other appropriate staff and/or consultants must review the application, as well as such other information and evidence as may be deemed relevant. The Village Administrator must forward a recommendation report stating whether a credit is proper, based on the provisions of this chapter, to Village Council. The Village Administrator's recommendation report shall assume that upon completion of the work by the applicant as set forth within the proposed development agreement the same will comply in all material ways with the proposed development agreement and Village standards.
B. Village Council. Based on the Village Administrator's recommendation report, the provisions of this chapter, the capital improvement plan, comprehensive plan, adopted Village budget, and the methodology report, Village Council must make a final decision to accept, reject, or accept with conditions the proposed credit and proposed development agreement.
C. Appeals. Appeals from the final decision of Village Council shall be made to the Court of Common Pleas of Pickaway County. The filing of an appeal does not stay the imposition, or the collection of the Impact Fee as calculated by the Village Administrator unless a cash bond or other sufficient surety has been provided to the Fiscal Officer. The Fiscal Officer shall hold the bond or surety pending outcome of all available appeals. If the appeal is accompanied by a cash bond or other sufficient surety, in an amount equal to the Impact Fee calculated to be due, a zoning permit may be issued pending resolution of the final appeal.
(e) Collection. The Village must collect all Impact Fees and service charges in the amounts set forth in this chapter at the time of application for a zoning permit and must issue a receipt to the applicant for such payment unless:
(1) The applicant is not subject to the payment of an Impact Fee; or
(2) The applicant has filed an appeal and the appeal is accompanied by a cash bond or other sufficient surety, in an amount equal to the Impact Fee calculated to be due.
(Ord. 2022-23. Passed 12-19-23.)
1194.05 ESTABLISHMENT OF IMPACT FEE FUND; USE AND APPROPRIATION OF IMPACT FEE PROCEEDS; AND REFUNDS.
(a) Impact Fee Accounting. The Fiscal Officer must establish an impact fee fund and all Impact Fees collected by the Village must be deposited into such impact fee fund. All interest earned on monies deposited into the impact fee fund must be credited to that fund. The monies of such impact fee fund must be accounted for separately from all other Village funds. The Fiscal Officer must establish and implement necessary accounting controls to ensure the impact fee fund is properly deposited, accounted for, and appropriated in accordance with this chapter and other
applicable legal requirements.
(b) Use of Impact Fee Funds.
(1) Generally. All appropriations from impact fee funds must be approved by Village Council and detailed on a form provided for such purposes and filed with the Village Administrator.
(2) Use of funds. Impact fee funds may be used only for
A. Public facility expenditures;
B. The payment of principal, interest, and other financing costs on contracts, bonds, notes, or other obligations issued by, or on behalf of, the Village to finance public facilities;
C. Financing of refunds;
D. Financing of reimbursements; or
E. Financing the costs of updating this chapter.
(3) Report. Prior to appropriating impact fee funds, the Village Administrator must generate a written report which demonstrates such funds are being used to finance public facility capacity that provides or will provide benefits to new development that are roughly proportionate to the impact of that development. The report must be consistent with the methodology report. The written report must be presented to and accepted by Village Council.
(4) Restrictions on use. Impact Fees may not be appropriated for repair or maintenance of public facilities, or for operational or personnel expenses associated with the provision of public facilities. Additionally, Impact Fees must be appropriated:
A. For the particular public facility for which they were imposed, calculated, and collected; and
B. Within six (6) years of the beginning of the Village's fiscal year immediately succeeding the date of collection, unless such time period is extended as provided in paragraph (b)(5), below.
(5) Appropriation of impact fee funds beyond six (6) years of collection. Notwithstanding anything to the contrary, impact fee funds may be appropriated beyond six (6) years from the beginning of the Village's fiscal year immediately succeeding the date of collection, if the appropriation is for a public facility that requires more than six years to plan, design, and construct. The Village must document compliance with the provisions of this paragraph.
(c) Procedure for Appropriation of Impact Fee Funds.
(1) Each year, Village Council must identify public facility capacity anticipated to be funded, in whole or in part, with Impact Fees. Public facility expenditures must be consistent with the methodology report, the capital improvement plan, the comprehensive plan, and the annual review and such other information as may be relevant to ensure compliance with this chapter.
(2) Village Council may include public facilities funded with Impact Fees in the Village's annual budget or capital improvements plan. If included, the description of the public facility must specify the nature of the public facility, the location of the public facility, the capacity to be added and/or funded by the appropriation, the service area of the public facility, the need/demand for the public facility, and the anticipated timing of completion of the public facility.
(3) Consistent with the provisions of this chapter, Village Council may authorize public facilities expenditures at such other times as it deems necessary.
(4) Village Council must verify that adequate impact fee funds are or will be available for the particular public facility capacity.
(5) Because Impact Fees must be used in a location or manner that would provide benefit to the development supplying the funds, Impact Fees must be used in the order in which they were received related to that New Development.
(d) Refunds.
(1) Eligibility.
A. Expiration or revocation of zoning permit. An applicant who has paid an Impact Fee for which construction has not begun, and the necessary zoning permit has expired or has been revoked, may apply for a refund. The refund application must be made on a form provided by the Village.
B. Failure of Village to appropriate Impact Fees within time limit. An applicant may apply for a refund of Impact Fees if the Village failed to appropriate the Impact Fees collected from the applicant within the time limit established in subsection (b)(4)(B) above unless such time period is extended as provided in subsection (b)(5) above. The refund application must be made on a form provided by the Village.
C. Abandonment of new development. An applicant, who paid an Impact Fee for which a zoning permit has been issued and pursuant to which construction has been initiated but abandoned prior to issuance of a certificate of occupancy, is eligible for a refund if the uncompleted building is completely demolished and the site is returned to the same or similar condition as before construction began.
(2) Administrative fee. The Village may deduct a five hundred dollar ($500.00) administrative fee from the amount of any refund granted and retain the administrative fee to defray the administrative expenses associated with processing a refund application.
(3) Processing of applications for a refund.
A. Application made to the Village Administrator. Applications for a refund must be made on a form provided by the Village. Upon receipt of a complete refund application, the Village Administrator must review the application and documentary evidence submitted by the applicant, as well as such other information and evidence as may be deemed relevant and must forward a report as to whether a refund is due based on the provisions of this chapter to Village Council.
B. Village Council. Based on the report of the Village Administrator, the provisions of this chapter, and the methodology report, Village Council must make a final decision to approve, approve with conditions, or deny the proposed refund.
C. Appeals. Appeals from the final decision of Village Council shall be made to the Court of Common Pleas of Pickaway County. The filing of an appeal does not stay the imposition or the collection of the Impact Fee as calculated by the Village Administrator unless a cash bond or other sufficient surety has been provided to the Fiscal Officer. The Fiscal Officer shall hold the bond or surety pending outcome of all available appeals. If the appeal is accompanied by a cash bond or other sufficient surety, in an amount equal to the Impact Fee calculated to be due, a zoning permit may be issued pending resolution of the final appeal.
(4) Refund because of expiration or revocation. Applications for refunds due to expiration or revocation of a zoning permit must be made on a form provided by the Village and made within sixty (60) days following expiration or revocation of the zoning permit. In order for the refund application to be deemed complete, the applicant must submit: (a) evidence the person or entity applying for the refund was the initial applicant who paid the fee, or the authorized agent of the initial applicant; (b) the amount of the Impact Fees paid; and (c) documentation evidencing the expiration or revocation of the zoning permit. Failure to apply for a refund within sixty (60) days following expiration or revocation of the zoning permit constitutes a complete and full waiver of entitlement to any refund. No interest will be paid by the Village when calculating the amount of a refund pursuant to this paragraph.
(5) Refund because of the Village's failure to timely appropriate. Applications for refunds due to the failure of the Village to timely appropriate Impact Fees must be made on a form provided by the Village and made within one year following the expiration of such time limit. In order for the refund application to be deemed complete, the applicant must submit: (a) evidence the applicant is the current property owner or the authorized agent of the current property owner and (b) the amount of the Impact Fees paid; and (c) description and documentation of the Village's failure to appropriate impact fee funds pursuant to subsection (b)(2) above. Interest must be paid by the Village in calculating the amount of the refunds pursuant to this section.
(6) Refund because of abandonment. Applications for refunds due to abandonment of a new development prior to completion must be on a form provided by the Village. Failure to apply for a refund within sixty (60) days following demolition of the structure constitutes a waiver of entitlement to a refund. No interest will be paid by the Village in calculating the amount of the refund pursuant to this paragraph. The application must include: (a) evidence the person applying for the refund is the initial applicant who paid the fee, or the authorized agent of the initial applicant; (b) the amount of the Impact Fees paid; and (c) documentation evidencing the demolition of the building partially constructed pursuant to payment of the impact fees to be refunded. (Ord. 2022-23. Passed 12-19-23.)
1194.06 REVIEW AND ADJUSTMENTS.
(a) Review.
(1) The Village Administrator, in coordination with all relevant and necessary Village staff, must prepare and submit an annual report to Village Council on the subject of Impact Fees.
(2) The report may include any or all of the following:
A. Recommendations for amendments, if appropriate, to this chapter;
B. Proposed changes to the Village Comprehensive Plan and/or an applicable ordinance or policy, including the identification of additional public facility projects anticipated to be funded wholly or partially with Impact Fees;
C. Creation of impact fee districts, as necessary;
D. Proposed changes to the impact fee schedule as set forth in the ordinances imposing and setting impact fees for particular public facilities;
E. Proposed changes to level of service standards for particular public facilities;
F. Proposed changes to any impact fee calculation methodology;
G. Proposed changes to the population, housing, land use, persons per household or nonresidential development projections included in the methodology report and upon which the impact fee amounts have been determined; or
H. Other data, analysis, or recommendations as the Village Administrator may deem appropriate, or as may be requested by the Village Council.
(3) The report must include the following background data:
A. Number of zoning permits issued by type development in each Category (Primary and Sub-Category) listed in the Impact Fee Schedule;
B. Gross floor area of new nonresidential development, by type;
C. Total amount of Impact Fees collected, by type of development in each Category (Primary and Sub-Category) listed in the Impact Fee Schedule;
D. Total expenditures made from impact fee fund and the purpose for which the expenditure was made, i.e., the description, type, and location of the public facility project;
E. When the public facility project was, or will be, initiated and completed;
F. Whether additional impact fee funds will be appropriated for the same project in the future;
G. Whether supplemental non-impact fee funds have been used for the project and, if so, how much;
H. The service area of the public facility project;
I. The total estimated cost of the project and the portion funded with impact fees;
J. Whether the public facility project is in the Village's current annual budget, capital improvements plan, or comprehensive plan;
K. The estimated useful life of the project; and
L. Such other facts as may be deemed relevant by the Village Administrator or Village Council.
(4) Village Council action. After reviewing the report identified herein, Village Council may take such actions as it deems appropriate, including but not limited to, amending this chapter, requesting additional data or analyses, and holding public workshops and/or public hearings.
(Ord. 2022-23. Passed 12-19-23.)
1194.07 PARKS AND RECREATION DEPARTMENT/FACILITIES IMPACT FEE.
(a) Impact Fee for Residential Development. All new residential development within the Village of Ashville is subject to the payment of a parks and recreation impact fee payable at the time of building permit issuance by the Village, pursuant to this chapter, such specific fee schedule to be on file in the Department of Development.
(b) Impact Fee for Nonresidential Development. Nonresidential development within the Village of Ashville is not subject to the payment of a parks and recreation impact fee.
With the costs assessed proportionally amongst the residential development types, the Recreation and Parks Impact Fee can then be assessed to a cost per dwelling unit. Table 3.04-2 provides the recommended Parks and Recreation Impact Fee per development type.
Residential | |
Single-Family Detached Housing | $2,554.72 per D.U. |
Multi-Family Housing (Low-Rise and Apartments) | $1,689.94 per D.U. |
Nonresidential | |
Retail and Restaurants | Not Assessed |
Commercial and Office Space | Not Assessed |
Limited Industrial and Warehousing | Not Assessed |
Manufacturing | Not Assessed |
Table 3.04-2 Parks and Recreation Impact Fee Schedule | |
This fee assessment will allow for the expansion of the Parks and Recreation department because of population growth, as well as provide an acceptable level of parkland and amenities per 1,000 new residents. As previously discussed , and shown in Table 3.04-2, this fee will only be assessed to residential developments.
(Ord. 2022-23. Passed 12-19-23.)
1194.08 POLICE DEPARTMENT/FACILITIES IMPACT FEE.
(a) Impact Fee for Residential Development. All new residential development within the Village of Ashville is subject to the payment of a police impact fee payable at the time of building permit issuance by the Village, pursuant to this chapter, such specific fee schedule to be on file in the Department of Development.
(b) Impact Fee for Nonresidential Development. All new nonresidential development within the Village of Ashville is subject to the payment of a police facilities impact fee payable at the time of building permit issuance by the Village, pursuant to this chapter, such specific fee schedule to be on file in the Department of Development.
With the costs assessed proportionally amongst the residential and nonresidential developments, the Police Impact Fee can then be assessed to a cost per dwelling unit for residential, and a cost per square footage for nonresidential. Table 4.06-2 provides the recommended Police Impact Fee per development type.
Residential | |
Single-Family Detached Housing | $1,366.14 per D.U. |
Multi-Family Housing (Low-Rise and Apartments) | $910.76 per D.U. |
Nonresidential | |
Retail and Restaurants | $0.27 per SF |
Commercial and Office Space | $0.18 per SF |
Limited Industrial and Warehousing | $0.04 per SF |
Manufacturing | $0.04 per SF |
Table 4.02-2 Police Impact Fee Schedule | |
This fee assessment will allow for the growth the Police Department because of population and commercial expansion, as well as continue to provide an acceptable level of police staffing for current and future residents.
(Ord. 2022-23. Passed 12-19-23.)
1194.09 GOVERNMENT DEPARTMENT/FACILITIES IMPACT FEE.
(a) Impact Fee for Residential Development. All new residential development within the Village of Ashville is subject to the payment of a government municipal impact fee payable at the time of building permit issuance by the Village, pursuant to this chapter, such specific fee schedule to be on file in the Department of Development.
(b) Impact Fee for Nonresidential Development. All new nonresidential development within the Village of Ashville is subject to the payment of a government municipal impact fee payable at the time of building permit issuance by the Village, pursuant to this chapter, such specific fee schedule to be on file in the Department of Development.
With the costs assessed proportionally amongst the residential and nonresidential developments, the Police Impact Fee can then be assessed to a cost per dwelling unit for residential, and a cost per square footage for nonresidential. Table 4.06-2 provides the recommended Police Impact Fee per development type.
Residential | |
Single-Family Detached Housing | $1,407.64 per D.U. |
Multi-Family Housing (Low-Rise and Apartments) | $894.11 per D.U. |
Nonresidential | |
Retail and Restaurants | $0.83 per SF |
Commercial and Office Space | $0.50 per SF |
Limited Industrial and Warehousing | $0.13 per SF |
Manufacturing | $0.12 per SF |
Table 6.06-2 General Government Impact Fee Schedule | |
(Ord. 2022-23. Passed 12-19-23.)
1194.10 STREET DEPARTMENT/FACILITIES IMPACT FEE.
(a) Impact Fee for Residential Development. All new residential development within the Village of Ashville is subject to the payment of a street impact fee payable at the time of building permit issuance by the Village, pursuant to this chapter, such specific fee schedule to be on file in the Department of Development.
(b) Impact Fee for Nonresidential Development. All new nonresidential development within the Village of Ashville is subject to the payment of a street impact fee payable at the time of building permit issuance by the Village, pursuant to this chapter, such specific fee schedule to be on file in the Department of Development.
Table 2.04-1 demonstrates the overall average trips per unit, calculated for each of the ITE Land Use Codes used. Using the information from this table, an impact fee assessment schedule was derived and provide in Table 2.04-2 in the following:
Residential | |
Single-Family Detached Housing | $1,758.27 per D.U. |
Multi-Family Housing (Low-Rise and Apartments) | $1,607.79 per D.U. |
Nonresidential | |
Retail and Restaurants | $4.65 per SF |
Commercial and Office Space | $2.79 per SF |
Limited Industrial and Warehousing | $0.73 per SF |
Manufacturing | $0.66 per SF |
Table 2.04-2 Transportation Impact Fee Schedule | |
The Fee Schedule provided in Table 2.04-2 is in line with the planned development zones presented in Figure 1.0-1 and Table 1.01-1 of this Report. Nonresidential categories were created based upon the intended language for the Village's future Impact Fee Ordinance. This meant organizing the different ITE land-use codes into combined categories, which is captured previously. (Ord. 2022-23. Passed 12-19-23.)
1194.11 FIRE DEPARTMENT/FACILITIES IMPACT FEE.
(a) Impact Fee for Residential Development. All new residential development within the Village of Ashville is subject to the payment of a fire impact fee payable at the time of building permit issuance by the Village, pursuant to this chapter, such specific fee schedule to be on file in the Department of Development.
(b) Impact Fee for Nonresidential Development. All new nonresidential development within the Village of Ashville is subject to the payment of a fire impact fee payable at the time of building permit issuance by the Village, pursuant to this chapter, such specific fee schedule to be on file in the Department of Development.
With the costs assessed proportionally amongst the residential and nonresidential developments, the Fire Impact Fee can then be assessed to a cost per D.U. for residential, and a cost per square footage for nonresidential. Table 5.06-2 provides the recommended Fire Impact Fee per development type.
Residential | |
Single-Family Detached Housing | $954.40 per D.U. |
Multi-Family Housing (Low-Rise and Apartments) | $636.26 per D.U. |
Nonresidential | |
Retail and Restaurants | $0.23 per SF |
Commercial and Office Space | $0.14 per SF |
Limited Industrial and Warehousing | $0.04 per SF |
Manufacturing | $0.03 per SF |
Table 5.06-2 Fire Impact Fee Schedule | |
(Ord. 2022-23. Passed 12-19-23.)
1194.12 SUMMARY OF IMPACT FEES.
Residential (per D.U.) | Transportation | Parks and Recreation | Police | Fire | General Government | Total |
Single-Family Detached Housing | $1,758.27 | $2,554.72 | $1,366.14 | $954.40 | $1,407.64 | $8,041.17 |
Multifamily Housing (low-rise) | $1,607.79 | $1,689.94 | $910.76 | $636.26 | $894.11 | $5,738.87 |
Nonresiden- tial (per square foot) | Transportation | Parks and Recreation | Police | Fire | General Government | TOTAL |
Retail Restaurants | $4.65 | N/A | $0.27 | $0.23 | $0.83 | $5.98 |
Commercial and Office Space | $2.79 | N/A | $0.16 | $0.14 | $0.50 | $3.59 |
Limited Industrial and Warehousing | $0.73 | N/A | $0.04 | $0.04 | $0.13 | $0.94 |
Manufacturing | $0.66 | N/A | $0.04 | $0.03 | $0.12 | $0.85 |
Table 7.04-1 Overall Impact Fee Schedule | ||||||
(Ord. 2022-23. Passed 12-19-23.)