Centerburg City Zoning Code
CHAPTER 1119
Subdivision Design
1119.01 PURPOSE.
The purpose of this chapter is to further the overall purpose of this code and additionally, to:
(a) Establish standard requirements and conditions for the design and review of subdivisions;
(b) Provide for the orderly subdivision of land;
(c) Ensure that adequate public infrastructure, facilities and services are available concurrent with development to secure and provide for the public health, safety, and general welfare;
(d) Encourage a beneficial relationship between the uses of land and circulation of all forms of traffic throughout the Village, and to provide for the proper location and design of streets to provide for safe traffic circulation;
(e) Provide adequate utility systems to support the future needs of the systems; and
(f) Promote efficient and logical placement of utility structures so as to promote the purpose of this code.
(Ord. 2023-16. Passed 6-5-23.)
1119.02 APPLICABILITY.
The applicant for a subdivision, or any development that requires public improvements or rights-of- way, shall dedicate all land required for rights-of-way, and shall furnish and install all required improvements serving the subdivision or development. When applicable plans or policies of the Village of Centerburg provide for adjacent development, all improvements shall be extended to the boundary of the subdivision or development in order to provide a complete and coordinated system of streets and utilities.
(Ord. 2023-16. Passed 6-5-23.)
1119.03 CONFORMITY WITH PLANS AND REGULATIONS.
(a) No owner, or authorized agent, of any land located within a subdivision shall transfer, sell, or agree to sell any less than the whole parcel or to transfer, sell, or agree to sell land by reference to, by exhibition of, or by the use of, a plan or plat of a subdivision, nor proceed with any construction work before such plan or plat has been approved and recorded in the manner prescribed in these regulations. Any sale or transfer contrary to the provisions of this section is void. The description of such lot or parcel by metes and bounds in the instrument of transfer or other documents used in the process of selling or transferring shall not exempt the transaction from the provisions of these regulations.
(b) The Zoning Administrator shall not issue zoning certificates for any structure or activity on a lot in a subdivision for which a major or minor subdivision has not been approved and recorded in the manner prescribed in these regulations.
(c) Subdivisions and public improvements shall be subject to all construction and material specifications and engineering design guidelines as referenced in Section 135.03 of the codified ordinances and development and construction plan review and approval standards of Section 135.04 of the codified ordinances.
(Ord. 2023-16. Passed 6-5-23.)
1119.04 SUBDIVIDER'S AGREEMENT.
(a) As part of any major subdivision, an applicant for a subdivision will be required to enter into a subdivider's agreement. Such agreement shall include, at a minimum:
(1) The timing of the construction of public improvements, including estimates for inspections;
(2) Estimated costs and fees, as required by this code including, but not limited to, pavement guarantees, street tree fund, inspection fees, and recreation impact fees;
(3) Financial guarantee agreements, including the length of any maintenance guarantees;
(4) Protection requirements for existing street, utilities, and other installations;
(5) That the applicant will hold the Village free and harmless from any and all claims for damages of every nature arising or growing out of the construction of such improvements, and shall defend, at his or her cost and expense, any suit or action brought against the Village by reason thereof, until the improvement has been accepted by the Village;
(6) That in the event of any violation of or noncompliance with any of the provisions and stipulations of the agreement or this code, the Village may stop the work forthwith and complete or cause the completion of such improvements according to the approved plat and agreement, and that in such event, to the extent the owner's financial guarantee agreements do not fully compensate the Village, the owner shall reimburse the Village for any and all expenses incurred thereby; and
(7) Any additional information or requirements as deemed necessary by the Zoning Administrator.
(b) The subdivider's agreement shall be approved as to content and form by the Village's legal counsel, with confirmation by the Zoning Administrator, prior to approval of the final plat.
(Ord. 2023-16. Passed 6-5-23.)
1119.05 FINANCIAL GUARANTEES AND PUBLIC IMPROVEMENTS.
(a) If the applicant does not propose to construct the required public improvements or private streets prior to receiving certification of the final plat or approval of the site plan or zoning, the applicant shall execute financial guarantees and shall file such financial guarantees with the Village prior to approval of a zoning certificate or certification of a final plat. Such financial guarantee shall take any form allowed in this section.
(b) The financial guarantee shall cover one hundred twenty percent (120%) of the estimated costs to install the public improvements.
(c) The financial guarantee shall be an obligation for the faithful performance of any and all work and the construction and installation of all public improvements required to be done by the applicant, together with all engineering and inspection costs and fees incurred by the Village.
(d) Upon completion, inspection, and approval of the public improvements and release of the initial financial guarantee for construction, the applicant shall be required to execute a warranty and financial guarantee that shall remain in force for two(2)-years over the public improvement, as determined by the Village Administrator as part of the subdivider's agreement. If during that two (2)- year period any improvements in the subdivision should fail to perform in the designed manner or fail to retain an acceptable condition, the Village may use or allocate the financial guarantee to correct those deficiencies.
(e) When, in the judgment of the Zoning Administrator, public improvements have been completed in accordance with the improvement plans as approved by Village, Village Council shall, at the recommendation of the Zoning Administrator, accept such improvements and authorize the full or partial release of the financial guarantee.
(f) The terms of such financial guarantees shall be determined by the Village's legal counsel, with confirmation by the Zoning Administrator.
(g) Financial guarantees shall be made payable to the Village of Centerburg and shall be acceptable to the Zoning Administrator.
(h) Incomplete public improvements that the Zoning Administrator or Village's engineer determines will constitute a safety hazard or maintenance issue, or will prevent the effective functioning of the public improvements, shall be required to be completed prior to the approval of a final plat.
(i) Types of Financial Guarantees. The following are the types of financial guarantees allowed by the Village. The standards for each type of guarantee shall apply to any situation where a financial guarantee is required, regardless if it is related to a subdivision application or not.
(1) Irrevocable Letter of Credit. The following standards shall apply if an irrevocable letter of credit is utilized as a financial guarantee:
A. The applicant shall provide an irrevocable letter of credit from a bank or other reputable institution or individual, subject to the approval of the Village's legal counsel and Village Administrator.
B. The letter shall be deposited with the Village, and shall certify the following:
i. The creditor guarantees funds in an amount equal to the cost, as estimated in accordance with this section, for completion all required public improvements.
ii. In the case of failure on the part of the applicant to complete the specified public improvements within the required time period, the creditor shall pay to the Village immediately and without further action such funds as are necessary to finance the completion of those public improvements, up to the limit of credit stated in the letter.
iii. This irrevocable letter of credit may not be withdrawn or reduced in amount until released by the Village Administrator in accordance with this chapter.
(2) Certified Check, Wire Transfer, Escrow, or Cash Deposit. The following standards shall apply if cash is utilized as a financial guarantee:
A. The applicant shall provide a certified check, wire transfer, escrow to a third-party escrow account, or cash deposit for the amount of the guarantee, payable to the Village of Centerburg.
B. If a third-party escrow account is to be established, the account shall be with a bank approved by the Village's legal counsel and shall be in an account set up for the sole ownership of the Village.
C. When the public improvements are complete, the Village shall issue a check for the amount released based on this subsection.
D. The Village shall not be responsible for paying interest for the period of time the Village retains the guarantee.
(3) Bonds. The following standards shall apply if a bond is utilized as a financial guarantee:
A. A bond in the amount determined in accordance with this section shall be filed with the Village of Centerburg.
B. The bond may be in the form of a surety bond or a cash bond of the kind approved by law for securing deposits of public money.
C. The bond shall be executed by the applicant as principal, and if a surety bond, shall be executed by a corporation authorized to act as a surety under the laws of the State of Ohio.
D. The bond shall provide that it cannot be terminated or canceled without the approval of the Village, and shall remain in force until such improvements have been accepted by Village Council.
(Ord. 2023-16. Passed 6-5-23.)
1119.06 GENERAL DESIGN REQUIREMENTS.
(a) General Suitability of Land for Development. If the Planning Commission and the Village Council find that land proposed to be subdivided is unsuitable for subdivision development due to flooding, poor drainage, topography or inadequate water supply, wastewater treatment facilities, transportation facilities, or such other conditions as may endanger health, life or property, and if, from investigations conducted by the public agencies concerned, it is determined that, in the best interest of the public, the land should not be developed for the subdivision proposed, the Planning Commission and the Village Council shall not approve the land for the proposed subdivision unless adequate methods are advanced by the applicant for solving the problems that will be created by the development of the land.
(b) Projection of Improvements. Where adjoining areas are not subdivided or developed, the arrangement of streets and utilities in new subdivisions shall make provision for the proper projection of streets (i.e., provide for temporary dead-end streets and utilities where street connections can be made to the adjacent land) as required by the Zoning Administrator. Such arrangements shall be made to the subdivision boundary or up to the edge of the phase of buildable lots.
(c) Topography, Floodplain Areas, Wetlands, and Natural Areas.
(1) Natural amenities (including views, mature trees, creeks, riparian corridors, rock outcrops, and similar features) shall be preserved and incorporated into proposed development to the greatest extent feasible.
(2) All subdivisions of land and installation of public improvements involving areas subject to flooding, as defined by National Flood Insurance Program Maps and Data, shall conform to all applicable floodplain regulations and the requirements of adopted regulations involving the Village's participation in the National Flood Insurance Program.
(3) Land which is determined by the Village to be unsuitable for subdivision or development due to flooding, the presence of Federal Jurisdiction Wetlands, or other features which will reasonably be harmful to the safety, health and general welfare of the present or future inhabitants of the subdivision and/or its surrounding areas shall not be subdivided or developed unless methods adequate to resolve the problems are formulated by the applicant and approved by the Planning Commission and upon advice of the Zoning Administrator.
(4) The natural topography shall be retained wherever possible in order to reduce excessive runoff onto adjoining property and to avoid extensive regrading of the site.
(d) Inspection Fees. The applicant shall provide all necessary engineering and surveying services for preparing the plat and improvement plans. The Village will inspect the installation of improvements and private utilities. The applicant shall reimburse the Village the actual cost of these inspections before the plat is placed upon a Planning Commission agenda.
(e) Debris and Waste. No cut trees, diseased trees, timber, debris, earth, rocks, stones, soil, junk, rubbish or other waste materials of any kind shall be buried in any land, or left or deposited on any lot or street at the time of the issuance of a zoning certificate. No items and materials as described in the preceding sentence shall be left or deposited in any area of the subdivision at the time public improvements are accepted by the Village.
(f) Monuments and Markers.
(1) Monuments and monument boxes shall be installed at the intersection of all centerlines of all streets, points of curvature and points of tangency on all curves.
(2) Property pins shall be set at all lot corners, points of tangency and points of curvature.
(3) Steel rods shall be used for property pins permanently installed that comply with the State of Ohio's requirements.
(4) Monuments and lot corner markers shall be of a design approved by the Zoning Administrator and meeting State of Ohio Minimum Standards for Boundary Surveys.
(Ord. 2023-16. Passed 6-5-23.)
1119.07 LOTS.
(a) The lot arrangement and design of any proposed subdivision shall be such that all lots will provide satisfactory building sites that can accommodate the proposed structures and meet required setbacks in the applicable zoning district.
(b) Lots shall also be arranged so that all lots will have frontage on a public street or road and will provide building sites properly related to topography and the character of surrounding development. Lots may have frontage on a private street only if approved as part of a PD District.
(c) The lots shall be more or less rectangular in form; triangular, elongated, or other shapes that restrict its use as a building site shall be avoided to the maximum extent feasible unless the applicant can demonstrate special circumstances requiring irregular lots to the Planning Commission.
(d) All side lot lines shall be at right angles to street lines and radial to curved street lines except where the Planning Commission determines that a variation to this rule will provide a better street and sublot layout.
(e) Corner lots shall be of sufficient width to allow vehicular access to the lot and to permit the required building set-back line for each street the lot abuts.
(f) Flag (panhandle) lots or double frontage (through) lots shall be discouraged and may only be approved if necessitated by unique features or other special physical conditions as deemed necessary by the Planning Commission. These lots shall meet the requirements established for the applicable lot type in Section 1111.01.
(g) Every lot shall have access to it that is sufficient to afford a reasonable means of ingress and egress for emergency vehicles as well as for all those likely to need or desire access to the property in its intended use. (Ord. 2023-16. Passed 6-5-23.)
1119.08 BLOCKS.
(a) The arrangement of blocks shall be such as to conform to the street planning criteria set forth in Section 1119.10: Streets and Thoroughfares and shall be arranged to accommodate lots and building sites of the size and character required for the zoning district as set forth in this code.
(b) Subdivisions shall be designed with blocks of sufficient width to permit two rows of lots that share rear and side lot lines, of appropriate depth, to the maximum extent feasible.
(c) Where a subdivision adjoins a major thoroughfare, the block shall be oriented so that there will be the fewest points of direct ingress and egress along such major thoroughfare as possible.
(d) Irregularly shaped blocks, those intended for cul-de-sac or loop streets, and those containing interior parks or playgrounds, may be approved if properly designed and located, and upon adequate provisions for the maintenance of interior open spaces.
(Ord. 2023-16. Passed 6-5-23.)
1119.09 STREET LIGHTING.
Street lighting for all new subdivisions within the Village shall be provided by the electric utility, subject to the following provisions:
(a) The applicant's choice of the means and styles of street lighting for any particular new subdivision shall be limited to those styles and systems currently available from the local electric utility for such street lighting purposes.
(b) The street lighting system for a new subdivision shall be of a uniform nature and style within that subdivision.
(Ord. 2023-16. Passed 6-5-23.)
1119.10 STREETS AND THOROUGHFARES.
(a) General Street Design.
(1) The arrangement, character, width, grade, construction and location of all streets shall conform to the comprehensive land use plan, or other applicable street plans, for the Village that are in effect at the time of final plat submission.
(2) The street layout shall provide access to all lots and parcels of land within the subdivision.
(3) The applicant shall provide within the boundaries of the subdivision plat the necessary right-of-way for the widening, continuance or alignment of such streets in conformity with the comprehensive plan or other applicable street plans.
(4) Offset street intersections shall be avoided whenever possible.
(5) Where practical, the arrangement of streets in new subdivisions shall make provision for the continuation of existing streets in adjoining areas.
(6) A street that is not constructed to Village standards will not be accepted by the Village for dedication as a public street.
(7) Proposed streets shall be adjusted to the contour of the land so as to produce usable lots and streets of reasonable gradient.
(8) A street that is not constructed to Village standards will not be accepted by the Village for dedication as a public street.
(9) Streets within a subdivision which are reasonably expected to be subject to flooding shall not be accepted by the Village. All streets must be located at elevations which will make them flood-free, in order that no portion of the subdivision would become isolated by floods.
(10) In the interest of public safety, and as a matter of policy, all points of ingress and egress shall be located as far as possible from the intersection of two or more major arterial streets or highways.
(b) Traffic Control Devices. The applicant shall provide all traffic control devices for the proposed development, including, but not limited to, traffic signals, signs, pavement markings and the like. Refer to the Ohio Manual of Uniform Traffic Control Devices (OMUTC) for details of the devices to be used, and, in some cases, warrants for their use.
(c) Street Signage. All new subdivisions shall be required to install the street signage within each phase on all public and private streets. The signage shall be installed prior to acceptance by the Village, and the road being open to vehicular traffic. The signage must be shown on the improvement plans/site plans as submitted for review by the Planning Commission.
(d) Street Names and Numbering.
(1) Street names shall be selected that will not duplicate or be confused with the names of existing streets in the Village of Centerburg and Knox County, irrespective of modifying terms such as street, avenue, boulevard, etc. Streets that are or will eventually be continuations of existing or platted streets shall be named the same. Street names shall be included on the preliminary plat and final plat.
(2) Street names shall not be confusing, offensive, or otherwise named in such a manner as to hinder safe or efficient travel.
(3) When a new street is a direct extension of an existing street, the name shall remain the same.
(4) Address numbers shall be assigned by the Village in accordance with the current numbering system.
(e) General Street and Right-of-Way Design Standards.
(1) Proposed street classifications shall be designated (i.e., local, principal collector, arterial, etc.) on all plats, based on their proposed functions and the recommendation of any approved street plans. The physical and geometric design of streets shall be based upon these designations in adapting the proposed streets to the existing terrain and soils.
(2) The standards of the American Association of State Highway and Transportation Officials (AASHTO), as published in A Policy on Geometric Design of Highways and Streets, 1984; A Policy on Design Standards for Stopping Sight Distances, 1971; and subsequent publications modifying those standards by AASHTO, in effect at the time of final plat submission, shall govern the design of subdivision streets and abutting Village, county and township roads. The "Desirable Sight Distance Values" will govern in all but the most unusual instances, and any lesser values must be recommended by the Village Administrator before the preliminary design plan is approved by the Planning Commission.
(3) The pavement design shall be calculated and submitted by an Ohio registered engineer with the preliminary plat approval.
(4) The applicant shall be responsible for all required improvements, including the required pavement width measured from back-to-back of curbs on an undivided street.
(5) When developing along one side of an existing street or roadway which is included in any approved street plans, the applicant shall be responsible for one curb, the pavement widening to thoroughfare width of his or her side, all necessary adjustments to existing pavement, and storm drainage for the street in accordance with an agreement with the Village Administrator. Where sight distances or other engineering requirements make it imperative, the pavement adjustment responsibility shall include the replacement of up to the entire existing pavement, also in accordance with an agreement with the Village Administrator.
Table 1119-1: Street Rights-of-Way and Grade Standards | ||||||
Type of Street | Minimum ROW (feet) | Minimum Pavement Width (Feet) [1] | Grades % | |||
Preferred (Parking on Both Sides) | Minimum (Parking on One Side) | No Parking | Maximum | Minimum | ||
Major Arterial Street [2] | 100 [3] | 66 | 57 | 48 | 7 | 0.5 |
Minor Arterial Street [2] | 80 | 54 | 45 | 36 | 7 | 0.5 |
Collector Street | 70 | 54 | 45 | 36 | 8 | 0.5 |
All Other Local Streets | 50 | 33 | 30 | Not Applicable | 8 | 0.5 |
NOTES: [1] Pavement width is measured back of curb to back of curb. [2] Where marginal access streets are used to provide access to existing or proposed arterials, improvements on those thoroughfares may be waived by the Village Administrator | ||||||
(6) Table 1119-2 establishes the standards for horizontal curves, reverse curves, sight distances for each street type.
Table 1119-2: Street Curve and Sight Distance Standards | |||
Type of Street | Horizontal Curve | Reverse Curve | Sight Distance |
Minimum Radius (Feet) | Required Tangent (Feet) | Minimum (Feet) | |
Major Arterial Street | 400 | 250 | 450 |
Minor Arterial Street | 400 | 150 | 350 |
Collector Street | 300 | 100 | 275 |
Local Street | 200 | 50 | 200 |
(7) Vertical Alignment.
A. All changes in grades shall be connected by vertical curves of a minimum length in feet equal to thirty (30) times the algebraic difference in the rate of change of grade expressed in feet per 100 feet. Longer vertical curves shall be used when needed for sight distances as determined by the design engineer and approved by the Village Administrator.
B. No street grade shall be less than 0.4 percent and on stop streets, the grade shall not exceed two percent positive or three percent negative within 100 feet of an intersection with local streets or 150 feet for all other intersections, unless otherwise approved by the Village Administrator. The positive is considered going up from the intersection and the negative is going down from the intersection.
C. Whenever the applicant changes the grade of an existing street outside the limits of the development, and the grade change requires adjustment to meet existing improvements (streets, driveways, walks, and the like), such adjustments shall be the responsibility of the applicant, as approved by the Village Administrator.
(f) Special Street Types and Street Requirements. The following requirements shall apply to special street types or under the specified circumstances:
(1) Temporary Dead-End Streets.
A. Temporary dead-end streets shall be permitted only where there are future plans to continue the street into another phase of the subdivision or into an adjacent, future subdivision. In such cases, a temporary turnaround shall be provided with a design approved by the Village Administrator.
B. Provisions for maintenance and the removal of the temporary dead-end street shall be required of any additional plat approvals.
C. Temporary dead-end streets longer than 600 feet are prohibited.
D. A "T" turnaround (temporary only) may be permitted in-lieu of a cul-de-sac that is required for permanent dead-end streets. Such turnarounds shall be designed to allow vehicles to turn around with only one backing-up movement. See Figure 1119-A. The turnaround area shall be the same width as the street it abuts and shall be at least seventy-five (75) feet long.
Figure 1119-A: Illustrative example of a temporary "T" turnaround.
E. If a dead-end street extends one lot depth or less past a street intersection, a "T" turnaround will not be required.
(2) Permanent Dead-End Streets.
A. Permanent dead-end streets are prohibited unless they include a turnaround (cul-de-sac) in accordance with this subsection.
B. Permanent dead-end streets shall not exceed 600 feet in length as measured from the centerline of the intersecting street to the center of the turn-around. Permanent dead-end streets may be longer where unique topographic or other physical conditions exist making a through street impractical.
C. All permanent dead-end streets shall be designed with a turning circle having an outside pavement diameter (curb face to curb face) of at least eighty (80) feet.
(3) Streets for Nonresidential Subdivisions.
A. Streets serving nonresidential developments (e.g., commercial or industrial) and accessory parking areas shall be planned to connect with collector or arterial streets so as not to generate traffic on local access streets.
B. The Village Administrator may require local access streets (frontage streets) that run parallel to an arterial or collector street to provide maximum safety and convenience.
(4) Half-Streets. The dedication of new half-streets shall not be permitted. Where a dedicated or platted half-street exists adjacent to the tract being subdivided, the other half shall be platted.
(5) Private Streets.
A. Private streets are discouraged.
B. Where constructed, a private street shall be constructed to the minimum standard of a public street in accordance with this code.
C. The Village shall not be responsible for maintenance, snow plowing, cleaning, or provision of similar public street services for private streets.
D. Property owners abutting a private street may request that the Village accept the street as a public street dedication at a later date, but the Village shall not be required to accept such dedication.
E. In no instance shall the Village accept a private street as a public dedication until such street is shown to meet all applicable street design standards required for public streets in this code.
(Ord. 2023-16. Passed 6-5-23.)
1119.11 SIDEWALKS.
1119.12 UTILITIES.
(a) General Requirements for Utilities and Underground Facilities.
(1) All public, common, or shared electric, cable, and telephone lines and other utilities shall be located underground in all residential, office, commercial and industrial subdivisions and districts, and shall be placed in their own easement, shown on the final or record plat. These underground utility requirements shall also apply to any lines required to serve the new development that extend outside the boundary of the development. The conduits or cables shall be located within easements or public rights-of-way in separate trenches, in a manner which will not conflict with other underground services.
(2) In industrial subdivisions where the electric power provider advises the Village that the power load requirements are sufficiently large as to make underground service impractical or unfeasible, electric, cable, and telephone lines may be installed overhead along rear lot lines with the approval by the Village Administrator. Should the Village Administrator approve an overhead distribution system, all connections to it shall be made underground. All facilities are to be constructed on one side of the road without overhead crossovers.
(3) Where cable, fiber optic, television, or similar services or conduit is or will be in operation, the applicant shall install cable or conduit for such service simultaneously with and in the same manner as electric and telephone cables are installed, both within the right-of-way and to individual building connections.
(4) All sewer and utility pipelines shall preferably be placed outside the limits of the pavement or other similar improvements. All excavations for public utilities made under improved roadway areas shall be properly backfilled with approved granular materials thoroughly compacted in place and repaved, resealed, or otherwise returned to the same improved condition, subject to approval by the Village Administrator.
(5) All storm drainage grates shall be constructed to allow bicycles to pass over the grate safely and shall have the words "No Dumping, Drains to Stream", or similar, cast into the grate.
(b) Sanitary Sewers. The following requirements shall govern sanitary sewer improvements:
(1) Where an adequate existing public wastewater treatment system is reasonably accessible, in the determination of the Village Administrator, public sanitary sewers shall be installed to adequately serve all lots, including lateral connections to the public system. Public sewer system extensions shall meet the requirements of the Ohio Environmental Protection Agency and Village standards.
(2) Combinations of sanitary sewers and storm sewers shall be prohibited.
(3) Sanitary sewers shall be extended through all lots and rights-of-way within the approved plat.
(c) Public Water Supply. The following shall govern water supply improvements:
(1) The applicant shall construct a system of water mains and appurtenances and connect them with the public water supply and provide a connection for each lot.
(2) The design of the water supply shall comply with the design standards established by the Del-Co Water Company.
(3) The type, size, and location of water lines shall be approved by the Village Administrator.
(4) Water mains shall be extended through all lots and rights-of-way within the approved plat.
(5) Fire hydrants shall be provided at a ratio of one hydrant per 300 feet of lineal street frontage.
(d) Electric, Communication, Cable, and Fiber Optic.
(1) Electric service and communication service shall be provided within each subdivision.
(2) Gas service and fiber optics shall be required where reasonably accessible.
(3) All electric, telephone, cable, fiber optic, and similar transmission lines shall be designed and installed in compliance with the applicable standards of these regulations and the authority having jurisdiction.
(Ord. 2023-16. Passed 6-5-23.)
1119.13 GREEN INFRASTRUCTURE.
(a) Green Infrastructure Techniques.
(1) The Village encourages the use of green infrastructure techniques because of their connection to sustainable development practices and environmental quality. The proper use of green infrastructure can dramatically improve storm water runoff quality, decrease runoff volume, protect downstream streams and rivers, and create more interesting places to live.
(2) The following green infrastructure techniques may be incorporated into new subdivisions with approval from the Zoning Administrator, Village's engineer, or engineering consultants to the Village, as applicable, provided that the applicant submits documentation that the proposed green infrastructure technique is effective and will equal or exceed the function of traditional infrastructure techniques and meet the requirements of this code:
A. Narrower pavement widths;
B. Narrower right-of-way widths;
C. Grassy swales and shoulders without curb and gutter;
D. Pedestrian walkways that do not constitute the sidewalks required by this code;
E. Permeable pavements (e.g., pavers, permeable concrete, permeable asphalt pavement);
F. Bioretention swales;
G. Planter boxes;
H. Curb extensions; or
I. Other techniques.
(b) Criteria for Green Infrastructure Waivers. The Zoning Administrator, Village Administrator, or engineering consultants to the Village, as applicable. may grant a green infrastructure waiver for use of the green infrastructure techniques provided:
(1) The techniques will utilize the landscape or other natural features to reduce, slow, filter, and/or absorb storm water runoff from streets, parking lots, and buildings in a method that equals or exceeds the existing infrastructure requirements of the Village;
(2) The techniques are consistent with best management practices;
(3) Covenants or other agreements have been presented to the Village, in a format acceptable by the Village's legal counsel, that provide for the long-term maintenance of any approved green infrastructure; and
(4) The technique has been designed by a professional engineer and is accompanied by documentation stating that the proposed technique does not pose a threat to the public safety.
(Ord. 2023-16. Passed 6-5-23.)