Commercial Point City Zoning Code

TITLE ONE

Subdivision Regulations

APPENDIX A Final Plat Language

The following wording shall be shown on the final plat:

Situated in the Village of Commercial Point, County of , State of Ohio, and being of Section , Township Range (Land Grant - U.S. Military Lands, etc) containing acres and being the same tract as conveyed to and described in deed recorded in Deed Book , Page , Recorder's Office, County, Ohio.

We, the undersigned, being all the owners and lien holders of the land platted herein, certify that the attached final plat correctly represents our , a subdivision of lots to inclusive, do hereby accept this final plat of same, and do voluntarily consent to the execution of said final plat. (NOTE: If any new streets are platted, the following statement must be included). All streets shown hereon will not be accepted for public use until such time as construction is complete and said streets are formally accepted as such by the Village of Commercial Point.

In Witness thereof have hereunto set their hands this day of , 20 _ .

Witness Signed

Easements are reserved for the construction, operation and maintenance of all public and private utilities proposed above and beneath the surface of the ground, and where necessary, are for the construction, operation and maintenance of service connections to all lots and lands, and for stormwater drainage. Structures are not permitted within easements. No landscaping shall interfere with the right to construct, operate and maintain utilities and service connections, and shall not interfere with stormwater drainage.

In Witness thereof have hereunto set their hands this day of , 20_ .

Witness Signed

Surveyed and Platted by

Civil Engineer and/or Surveyor

We do hereby certify that we have surveyed the premises and prepared the attached plat and that said plat is correct and meets the minimum standards for boundary surveys in the State of Ohio. The dimensions of the lots and streets are shown in feet and decimal parts thereof. Dimensions on curves are chord measurements.

Registered Surveyor

State of Ohio

Before me a Notary Public for said State personally came who acknowledged the signing of the foregoing instrument to be their voluntary act and deed (and voluntary corporate on partnership 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 , 20_.

Notary Public

Approved this day of , 20

Planning and Zoning Administrator

Approved this day of , 20

Municipal Engineer

This day of , 20_, rights-of-way for all roads, boulevards, etc., herein dedicated to public use are hereby approved and accepted as such for the Village of Commercial Point.

Mayor, Village of Commercial Point Fiscal Officer, Village of Commercial Point

NOTE: This plat shall not be transferred or recorded until all above required signatures are placed on this final plat. This plat shall be recorded

by , 20_. Transferred this day of , 20 .

County Auditor

Filed for record this day of , 20_, at M. Recorded this day of , 20_, in Plat Book , Page No. Slot for Pickaway County.

County Recorder Deputy Recorder

(Ord. 2020-10, passed 6-15-2020)

APPENDIX B Subdivider's Agreement

DEVELOPMENT AGREEMENT

This Agreement entered into this day of , 20_, by and between with address at (hereinafter the "Owner") and the Village of Commercial Point with address at 10 West Scioto Street, Commercial Point, Ohio (hereinafter the "Village") for the , a subdivision of the Village (hereinafter called the "Project").

WHEREAS, certain ordinances of the Village in force on the date of this Agreement (hereinafter the "Subdivision Regulations") require the Owner to enter into an agreement with the Village.

NOW, THEREFORE, the Owner and the Village, in consideration of the mutual covenants set forth herein, agree that:

I. OWNER RESPONSIBILITIES: The Owner shall:

1.1 Develop or cause the development of the Project in accordance with the Subdivision Regulations, Construction and Material Specifications and the construction plans approved by the Village.

1.2 Unless specifically stated otherwise, be responsible for the entire cost associated with developing the Project, including engineering and construction, fees and deposits.

1.3 Construct the following improvements contained in the Project (hereinafter the "Improvements") and provide to the Village plans, specifications and supporting data describing the Improvements:

(a) Streets and parking areas, graded full width and paved including drainage structures, bridges, curbing and other improvements all as shown on the Village Standard Drawings;

(b) Sanitary sewers, including manholes, services and all appurtenances;

(d) Storm sewers, retention ponds including manholes, inlets and all appurtenances;

(e) Monuments, stakes and all survey control required.

(f) Street signs designating the name of each street at each intersection within the Project. Street signs shall conform to the standards established by the Village;

(g) All other public improvements shown on the plan and plat as approved by the Village, including street lights.

(h) Dedication or granting of land necessary for all rights of way and dedication or granting of all easements necessary for the Improvements.

1.4 Await the Village's approval of the plans and specifications before beginning any construction work.

1.5 Guarantee that the labor, material and equipment used to develop the Project meet the Village requirements by providing a performance bond equal to one hundred percent (100%) of the estimated construction costs of the Improvements, if the plat is to be signed.

1.6 Provide the Village at least three (3) day notice prior to beginning any construction work and will keep the Village advised of the work schedule throughout the development of the Project.

1.7 Prior to conditional acceptance of the Project by the Village, guarantee all labor, material and equipment incorporated in the improvements that will become public against defects and deficiencies, for at least one year, by providing either:

(a) A maintenance bond equal to twenty-five percent (25%) of the construction cost for the Improvements; or

(b) A certification to the Village by a financial institution or corporation acceptable to the Village Solicitor;

That funds equal to ten percent (10%) of the estimated construction cost for Improvements have been set aside in an escrow account;

That these funds cannot be released without a release by the Village;

That the institution or corporation holding the funds shall release to the Village any and all of the funds so escrowed for the purpose enumerated herein; and

That the escrow account will not be closed out without the approval of the Village with the final acceptance of the public improvements by the Village constituting release of the escrow account lacking any formal release by the Village.

1.8 Provide a written request for the maintenance guarantee release upon completion of at least one year maintenance period during which the Improvements are maintained in a satisfactory condition and all expenses incurred by the Village pursuant to this Project have been paid in full.

1.9 Cause the work described in the approved construction drawings, specifications and supporting data, as required herein, to be completed within a year of the approval of the construction plans unless approved otherwise by the Village.

1.10 Remove or cause to be removed such dirt, debris and foreign matter from all public rights-of-way and/or easement areas as were deposited, left or resulted from the construction of the Improvements or from the development of the Project, within twenty-four hours after being notified by the Village that such work is required. Such removal shall be done to the satisfaction of the Village Engineer.

1.11 Prior to acceptance or conditional acceptance of the Project by the Village, the Owner will:

(a) Provide the Village with the original signed plans, with two sets of prints, annotated to reflect the "as-constructed" conditions, the original recorded plat, and a copy of the "as-constructed" plans on a compact disc AutoCAD and PDF format, and GIS plan indicating all project utilities;

(b) Have all sanitary sewers cleaned and provide a bond guaranteeing that after two years or after the last home in this phase is completed, whichever is longer, all sanitary sewers will be re-cleaned and televised and a CD provided to the Village.

(c) Provide a Bill of Sale transferring ownership of all Improvements to the Village. The Bill of Sale shall be in a form acceptable to the Village

II. GENERAL TERMS:

2.1 When there appears to be, or there is in fact, a conflict between this Agreement and the Subdivision Regulations, the more stringent shall govern.

2.2 No conveyance shall be made of any lot or parcel smaller in frontage or area than indicated on the plat except for the purpose of increasing the area of another lot or expanding the width or length of a public right of way.

2.3 The Owner 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 the Improvements or resulting from the Improvements and shall defend, at Owner's 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.

2.4 Upon violation of, or failure to comply with, any of the terms of this Agreement by the Owner, the Village may take any of the following actions:

a. Stop all work on the Project forthwith;

b. Continue any unfinished work or replace any unaccepted work to a point that any Improvements do not appear to create a health or safety hazard or create maintenance or repair expense to the Village because of their state of completion by:

1. Holding the bonding company responsible,

2. Using the certified check, or proceeds thereof, or

3. Using the funds in the escrow account.

2.5 This Agreement represents the entire and integrated agreement between the Owner and the Village for the Project and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instruction signed by both Owner and Village.

2.6 The Owner and Village each binds himself/herself and his/her partners, successors, executors, administrators and assigns to the other party of this Agreement and to the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of this Agreement. Except as set forth in this section 2.6, neither the Owner nor the Village shall assign, sublet, or transfer his interest in this Agreement without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body which may be a party hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the Owner and the Village.

2.7 Notices: Any notice required by this Agreement shall be conclusively presumed to have been received if in writing and if delivered personally or sent by registered or certified mail, postage prepaid, to the party to be notified at the party's last address on file with the party sending the notice.

2.8 Legal Interpretation: This Agreement shall be construed and interpreted in accordance with the laws of the State of Ohio.

IN CONSIDERATION WHEREOF, the Village hereby grants the Owner the right and privilege to make the improvements stipulated herein.

IN WITNESS WHEREOF, the parties hereto have set their hand and seals, and have executed this Agreement on the day and year first above written.

VILLAGE OF COMMERCIAL POINT

ATTEST: By

OWNER

ATTEST: By

Its

ACCEPTED AS TO FORM:

§ 1101.01 TITLE.

(a) Title One of this Part Eleven - Planning and Zoning Code shall be known and may be designated and cited as "The Village of Commercial Point, Ohio, Subdivision Regulations", and heretofore may be referred to as the Subdivision Regulations.

(b) Unless otherwise provided herein or by law or implication required, the same rules of construction, definition and application shall govern the interpretation of this Title One as those governing the interpretation of the Ohio Revised Code.

(Ord. 2020-10, passed 6-15-2020)

§ 1101.02 AUTHORITY.

This chapter is adopted pursuant to the authority contained in R.C. Chapter 711 and 713.

(Ord. 2020-10, passed 6-15-2020)

§ 1101.03 JURISDICTION.

This chapter shall be applicable throughout the municipality's planning jurisdiction, which comprises the area within the corporate boundaries of the Village of Commercial Point, Ohio and to all subdivisions that are subject to extraterritorial jurisdiction, which the municipality may choose to exercise under the provision of R.C. § 711.09.

(Ord. 2020-10, passed 6-15-2020)

§ 1101.04 EFFECTIVE DATE.

The provisions of these Subdivision Regulations and the referenced 2018 Construction Specifications, Materials, and Standard Drawings are adopted by this chapter and become effective on June 15, 2020.

(Ord. 2020-10, passed 6-15-2020)

§ 1101.05 PURPOSE AND INTENT.

(a) The purpose of this Title One is to establish subdivision standards and procedures for Commercial Point, Ohio.

(b) This Title One is to guide and facilitate the orderly, beneficial growth of the community by assuring the orderly subdivision of land and its development, and to promote the public health, safety, convenience, comfort, prosperity and general welfare.

(Ord. 2020-10, passed 6-15-2020)

§ 1101.06 RELATIONSHIP TO EXISTING SUBDIVISION REGULATIONS.

These Subdivision Regulations are adopted in whole and are a replacement of the Subdivision Regulations of Commercial Point effective February 2, 1988 (Ord. 2100.01C, passed 11-2-1987; Am. Ord. 98-1, passed 3-3-1998) and 6/3/2004 and as codified by Ordinance 2008-14 adopted 12/1/2008, and as codified by Ordinance 2018-02 adopted 8/6/2018 and effective September 6, 2018. Implementation of this zoning code is not intended to be onerous.

(Ord. 2020-10, passed 6-15-2020)

§ 1101.07 RELATIONSHIP TO COMPREHENSIVE PLANNING.

It is the intention of Council that this chapter shall implement the subdivision policies adopted by Council for Commercial Point, as reflected in a comprehensive land-use plan adopted May 2, 2011 and all amendments thereto, and all other planning documents formally adopted by Council. While the Council reaffirms its commitment that this Title One and any amendment to it be in conformity with adopted planning policies, the Council hereby expresses its intent that neither this Title One nor any amendment to it may be challenged on the basis of any alleged nonconformity with any planning document.

(Ord. 2020-10, passed 6-15-2020)

§ 1101.08 SEVERABILITY.

Each chapter, section, paragraph, sentence, clause, phrase, or other divisible part of the Subdivision Regulations is hereby declared to be severable and if any such chapter, section, paragraph, sentence, clause, phrase, or other divisible part is declared unconstitutional or otherwise invalid by any court of competent jurisdiction in a valid judgment or decree, such unconstitutionality or invalidity shall not affect any of the remaining chapters, sections, paragraphs, sentences, clauses, phrases, or other devisable part of these regulations since the same would have been enacted without the incorporation into these regulations of such unconstitutional or invalid chapter, section, paragraph, sentence, clause, phrase, or other devisable part.

(Ord. 2020-10, passed 6-15-2020)

§ 1101.09 PLATTING REQUIRED.

(a) No land shall be subdivided within the corporate boundaries of the municipality except in compliance with these Subdivision Regulations and the Zoning Code.

(b) No certificate of zoning compliance or certificate of occupancy shall be issued for any parcel or plat of land which was created by subdivision after the effective date of, and not in conformity with, the provisions of this chapter, and no excavation of land or construction of any public or private improvements shall take place or be commenced except in conformity with these regulations and other applicable municipal codes.

(Ord. 2020-10, passed 6-15-2020)

§ 1101.10 INTERPRETATION AND CONFLICTING ORDINANCES.

In the interpretation and application, the provisions of these Subdivision Regulations shall be held to be minimum requirements. It is not intended by these Subdivision Regulations to interfere with, or abrogate, or annul any easements, covenants, or other agreements between parties unless they violate these Subdivision Regulations. When specific provisions of these Subdivision Regulations conflict with any other lawfully adopted regulations, ordinances, or resolutions, the most restrictive or that imposing the higher standard shall apply and thereby supersede the less strict requirement(s). It is the intent of these Subdivision Regulations that all questions of interpretation, administration and enforcement shall be presented to the Planning and Zoning Administrator. Decisions of the Planning and Zoning Administrator may be appealed in accordance with § 1105.08.

(Ord. 2020-10, passed 6-15-2020)

§ 1101.11 COUNCIL AUTHORITY OVER PLANNING AND ZONING.

The Council of the Village of Commercial Point shall have full authority over all planning and zoning decisions within the Village. It is the intent of the Council, as the legislative authority for the Village, to retain all decision-making authority over planning and zoning matters granted to the Council under R.C. Chapter 7 and not to delegate any such authority to any subordinate commission, board, or panel. Except as otherwise required by law, all ordinances and resolutions relating to planning and zoning matters may be passed by a vote of a majority of all of the members of the Council.

(a) Duties. The duties of Council include, but are not limited to, the following:

(1) To hear and decide appeals where it is alleged there is in error in any order, requirement, decision, or determination made by the Planning and Zoning Administrator.

(2) To initiate amendments to the provisions of this Zoning Code and official Zoning Map.

(3) To review all proposed amendments of this Zoning Code and Zoning Map, as per Chapter 1143.

(4) To review all proposed preliminary development plans, as per Chapter 1173.

(5) To review and act upon applications for variances from the requirements of this Zoning Code, as per Chapter 1147.

(6) To review and act upon applications for conditional use permits, as per Chapter 1145 and all other pertinent sections of this Zoning Code.

(7) To act on all major site development plans, as per Chapter 1141.

(8) To act on all development plans, as per Chapter 1173.

(9) To review and act upon reconstruction and substitution of nonconforming uses.

(10) To act on major subdivisions, per the Subdivision Regulations of Commercial Point.

(b) Matters of Interpretation. It is the intent of this Zoning Code that all questions of interpretation and enforcement shall be first presented to the Planning and Zoning Administrator, and that such questions shall be presented to Council on appeal from the decision of the Planning and Zoning Administrator.

(Ord. 2020-10, passed 6-15-2020)

§ 1101.12 GENERAL NOTES DEFINED.

The General Notes of Commercial Point are administrative in nature, administered by the Technical Review Group, and, therefore, not an adopted section of these Subdivision Regulations. The General Notes are subject to change upon adoption by motion by the Technical Review Group. The Technical Review Group shall keep records of any changes made to the General Notes.

(Ord. 2020-10, passed 6-15-2020)

§ 1103.01 GENERAL DEFINITIONS.

Except where specifically defined herein, all words used in the Subdivision Regulations shall carry customary meanings. Words used in the present tense include the future tense; the plural includes the singular and the singular includes the plural; the word LOT includes the word PARCEL and PLOT; the word BUILDING includes the word STRUCTURE; the word SHALL is mandatory, the word MAY is permissive, and the word SHOULD is preferred; the words USED or OCCUPIED include the words INTENDED, DESIGNED OR ARRANGED TO BE USED OR OCCUPIED; and the word PERSON includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual. Words denoting the masculine gender shall be deemed to include the feminine and neuter genders. A general term following specific enumeration of terms is not to be limited to the class enumerated unless expressly so limited.

(Ord. 2020-10, passed 6-15-2020)

§ 1103.02 SPECIFIC DEFINITIONS.

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

AGENT means the authorized representative of the owner. The authority of the agent shall be established to the satisfaction of the Planning and Zoning Administrator.

ALLEY means a public right-of-way less than 50 feet wide which affords only a secondary means of access to property abutting thereon.

ANSI means American National Standards Institute.

APPLICANT means the authorized representative of the developer. The authority of the applicant shall be established to the satisfaction of the Planning and Zoning Administrator.

ARCHITECT means an architect registered by the State of Ohio.

ARTERIAL STREET. See STREETS.

AS BUILT PLANS means engineering construction plans that have been revised to incorporate all changes that occurred during construction of the project.

ASTM means American Society of Testing and Materials.

AVERAGE DAILY TRAFFIC (ADT) means the total traffic volume during a given time period in whole days greater than one day and less than one year divided by the number of days in that time period.

AWWA means American Water Works Association.

BLOCK means all or part of one side of a street between two intersecting streets.

BOND means any form of security including cash deposit, surety bond, collateral, property, or letter of credit in a form satisfactory to the Law Director.

BUFFER means any combination of mounds, fencing, plantings, etc., intended to separate one land use from another.

BUILDABLE AREA means the area of a lot remaining after the minimum yard and open space requirements of the Zoning Code have been met.

BUILDING means any structure securely affixed to land having a roof supported by columns or walls, entirely separated on all sides from any similar structure or entirely separated on all sides by walls in which there are no communicating doors, windows or similar openings and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or materials of any kind or nature.

CALIPER means the diameter of a tree as measured six inches above the ground up to and including four inch caliper size. Thereafter, diameter-at-breast-height (DBH) is used.

CERTIFICATE OF DEPOSIT means a certificate held on deposit by a financial institution for the municipality until such time as the subdivider has fulfilled his obligation to install the required improvements.

COLLECTOR STREET. See STREETS.

COMPREHENSIVE PLAN means the plan or plans prepared and adopted by Council as may be amended, indicating the general locations recommended for the principal streets, parks, public buildings, zoning districts, character and extent of community development and other physical aspects of urban and rural planning.

CONCEPT PLAN means written and graphic documents that indicate in a conceptual form the proposed land uses and their overall impact on the subject property and surrounding properties.

COUNCIL means the Council of Commercial Point, Ohio.

COUNTY means Franklin or Pickaway County, Ohio, as applicable.

CULVERT, MAJOR means any culvert in excess of 12 inches.

CUT SHEETS means tabular survey information used for the purpose of constructing the improvements.

DENSITY means the number of dwelling units per unit of land. To determine density divide the total number of dwelling units by the net developable site as measured in acres. (See definition of NET DEVELOPABLE SITE.)

DEVELOPER. See SUBDIVIDER.

DEVELOPMENT means any man-made change to improved or unimproved real estate.

DIAMETER AT BREAST HEIGHT (DBH) means the outside bark diameter of a tree as measured four and one-half feet above the forest floor on the uphill side of a tree.

EASEMENT means a grant of one or more of the property rights by the property owner and/or for the use by the public, a corporation, or another person or entity.

ENGINEER, REGISTERED means an engineer registered by the State of Ohio.

ENGINEERING CONSTRUCTION PLANS means the plans and supporting information accompanying a subdivision and showing the specific location and design of improvements to be installed in the subdivision.

EROSION means the wearing away of the land surface by running water, wind, ice, or other geological agents, including such processes as gravitational creep and/or detachment and movement of soil or rock fragments by wind, water, ice, or gravity.

ESCROW means a deposit of cash with the municipality in lieu of an amount required and still in force on a performance or maintenance bond.

ESCROW FUND means cash placed by the developer in an account to be held by a financial institution in favor of the municipality to guarantee the installation of improvements according to the provisions of the Subdivision Regulations.

EXCAVATION means the removal or recovery by any means whatsoever of soil, rock, mineral substances, or organic substances other than vegetation, from water or land on or beneath the surface thereof, or beneath the land surface, whether exposed or submerged, whether by mechanical or manual means.

FINAL PLAT means the plat of a proposed subdivision, drawn on durable material as specified in this document and intended for recording, meeting all the requirements as herein enumerated.

FIRE CHIEF means the Fire Chief of the applicable township fire department.

FISCAL OFFICER means the Fiscal Officer of the Village of Commercial Point.

FLOOD, BASE means the flood having a 1% chance of being equaled or exceeded in any given year. The base flood may also be referred to as the 1% chance annual flood or 100 year flood.

FLOODWAY means the channel of a river or other watercourse and the adjacent land areas that have been reserved in order to pass the base flood discharge.

FRONTAGE means that portion of a lot abutting on a dedicated right-of-way.

GRADE means the slope of any surface specified in percentage terms.

GRADE, EXISTING STREET means the grade of the street measured from the centerline to the edge of the street.

GRADE, FINISHED means the grade of the surface of the ground of any parcel of land after construction of buildings, parking, driveways, streets, the completion of all landscaping, and any other improvements.

GRADE, NATURAL means the grade of the undisturbed surface of any land.

HILLSIDE means an area with an average grade of more than 15%.

IES means Illuminating Engineering Society.

IMPROVEMENT, PUBLIC means any roadside ditch, roadway, parkway, sidewalks, pedestrian way, tree lawn, off-street parking area, lot improvement, public utility, or other facility for which Commercial Point may ultimately assume the responsibility for operation and maintenance or which may affect an improvement for which Commercial Point is responsible.

IMPROVEMENTS means street pavement or resurfacing, curbs, gutters, sidewalks, water lines, sewer lines, storm drains, street lights, flood control and drainage facilities, utility lines, landscaping, grading, and other related matters normally associated with development of raw land into building sites.

INFRASTRUCTURE means facilities and services such as water, storm water and sanitary sewer lines, and streets needed to sustain industry, residential, commercial, and all other land use activities.

IN-LIEU FEES means fees paid by a private individual or party to Commercial Point to compensate for the mandatory dedication provisions, if such provisions exist, of the Commercial Point Zoning Code when said land dedication is waived by Council.

INSPECTION FEE means the cost to the municipality of monitoring construction, to be paid by the developer.

LANDSCAPE ARCHITECT means a landscape architect registered by the State of Ohio.

LAW DIRECTOR means the Law Director or Solicitor of Commercial Point, Ohio.

LOT means a tract, plat, or portion of a subdivision or other parcel of land intended as a unit for the purpose, whether immediate or future, of transfer of ownership or for building development.

LOT, CORNER means a lot located at the intersection of two or more streets.

LOT, DOUBLE FRONTAGE means a lot, other than a corner lot, with frontage on more than one street.

LOT IMPROVEMENT means any building, structure, place, work of art, or other object or improvement of the land on which they are situated constituting a physical betterment of real property or any part of such betterment.

LOT, INTERIOR means a lot with only one frontage on a street.

LOT, IRREGULAR means a lot that is neither square nor rectangular.

LOT, MINIMUM AREA means the area of a lot as is computed exclusive of any portion of the right-of-way of any public or private street.

LOT, MEASUREMENT. A lot shall be measured as follows:

(1) The depth of a lot shall be considered to be the distance between the mid-points of straight lines connecting the foremost points of the side lot lines in the front to the rearmost points of the side lot lines in the rear. However, the straight line connecting the rearmost side lot lines shall not be less than one-half of the length of the straight line connecting the foremost points of the side lot lines.

(2) The width of a lot shall be considered to be the distance between straight lines connecting front and rear lot lines at each side of the lot, measured at the building setback line.

LOT OF RECORD means a lot that is part of a subdivision recorded in the appropriate County Recorder's Office, or a lot or parcel described by metes and bounds, the description of which has been recorded.

LOT, REVERSE FRONTAGE means a double frontage lot located along a collector or arterial that derives access from an interior local street.

MANDATORY LAND DEDICATION means the required dedication of private land to Commercial Point for the purpose of providing space for park, recreation, open space and other public uses.

MAP INDEX means a map supplied with street improvement plans showing the street and storm system at a scale of 1" = 200'.

MAP LOCATION means a map supplied with the plat that shows legibly, by dimension and/or other means, the proposed subdivision and enough area beyond the bounds of the proposed subdivision to locate and orient the subdivision and show the relationship of the site to the community facilities that serve or influence the property, at a scale of 1" = 1,000'.

MAYOR means the Mayor of Commercial Point, Ohio.

MUNICIPAL ENGINEER means the municipal engineer or engineering firm contracted by the municipality.

MUNICIPALITY means the Village of Commercial Point, Ohio.

NET DEVELOPABLE ACRES means the land area within a subdivision excluding the minimum open space requirements, all areas designated for public and private streets and alleys, open bodies of water including streams, creeks and ditches, and all other dedicated rights-of-way.

NET DEVELOPABLE SITE means the remainder of a parcel of land following the subtraction of all areas designated for public and private streets and alleys, open bodies of water including streams, creeks and ditches, and all other dedicated rights-of-way.

NO BUILD ZONE means an area or portion of a lot that is designated by deed or plat not to contain any buildings, structures or other built improvement on a permanent basis.

ODOT means the Ohio Department of Transportation.

OEPA means the Ohio Environmental Protection Agency.

OFF-SITE means any premises not located within the area of the property to be subdivided or improved, whether or not in the same ownership of the applicant for subdivision.

OWNER means the legal owner of the land proposed to be subdivided.

PERFORMANCE AND INDEMNITY BOND OR SURETY BOND means an agreement by and between a subdivider and a bonding company in favor of Commercial Point for the amount of the estimated construction cost guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by subdivider's agreement.

PLANNING AND ZONING ADMINISTRATOR means the Planning and Zoning Administrator of the municipality.

PRELIMINARY PLAN means a map of a subdivision of land showing required features that is submitted to the platting authority for purposes of preliminary consideration and approval.

RESERVES means parcels of land within a subdivision set aside for future subdivision or set aside for other purposes, as noted on the plat.

RIGHT-OF-WAY means the surface of any space above and below any public street, public road, public highway, public freeway, public lane, public path, public way, public alley, public court, public sidewalk, public boulevard, public parkway, public drive or any public easement now or hereafter held by the municipality.

SEDIMENT means solid material both mineral and organic that is in suspension, is being transported, or has been moved from its site of origin by surface water, and has come to rest on the earth's surface above or below ground level.

SEDIMENT BASIN means a barrier, dam, or other suitable detention facility built across an area of water-flow to settle and retain sediment carried by run-off waters.

SETBACK, FRONT means the minimum distance between the right-of-way and a building facing said right-of-way, as required by the Zoning Code.

SETBACKS, PLATTED means the minimum distance between a building and the right-of-way line, the rear lot line, and the side lot lines as required by the Zoning Code and shown on the recorded plat of the subdivision.

SETBACK, REAR means the minimum distance between the rear lot line and a building, as required by the Zoning Code.

SETBACK, SIDE AND CORNER SIDE means the minimum distance between the side lot line and a building, as required by the Zoning Code.

STREET, ARTERIAL means a street that accommodates traffic to and from the expressways or to or through major commercial districts. Traffic volumes are generally greater than 10,000 ADT (average daily traffic).

STREET, CUL-DE-SAC means a local street having only one outlet and a paved terminal for safe and convenient reversal of traffic movement.

STREET, DEAD END means a local street having only one outlet without a safe and convenient means for reversal of traffic.

STREET, INDUSTRIAL means a street intended to provide access to other streets from industrial properties, generally being a volume of traffic that includes a relatively large amount of vehicles other than passenger automobiles.

STREET, EXPRESSWAY means a street entirely devoted to the movement of large volumes of traffic at relatively high speeds. Access is completely controlled, not intended to serve abutting property.

STREET, LOCAL means a street intended to provide access to other streets from individual properties, generally bearing a volume of traffic no greater than 800 ADT.

STREET, MAJOR COLLECTOR means a street that carries traffic from the minor collector system to the arterial. Traffic usually has origin and destination within the community and does not exceed 10,000 ADT.

STREET, MINOR COLLECTOR means a street that carries internal traffic within a given neighborhood, connecting local streets to the major collectors or to the arterial system and generally bearing volume of traffic no greater than 4,000 ADT.

STRUCTURE means that which is constructed having a location on, above or below the surface of land or water or attached to that having a location on, above or below the surface of land or water. Containerized cargo boxes, freight transport trailers and similar items are prohibited for use as structures in all districts.

SUBDIVIDER means the person who intends to build/construct the subdivision.

SUBDIVIDER'S AGREEMENT means an agreement by and between a subdivider and Commercial Point that sets forth the manner in which the subdivider agrees to proceed with the construction of public improvements and the disposition of lots in the subject subdivision.

SUBDIVISION means any or all of the following:

(1) The division of any parcel of land shown as a unit or as contiguous units on the last preceding tax roll, into two or more parcels, sites, or lots for the purpose, whether immediate or future, of transfer of ownership, provided, however, that the division or partition of land into parcels of more than five acres not involving any new streets or easements of access, and the sale or exchange of parcels between adjoining lot owners, where such sale or exchange does not create additional building sites, shall be exempted; or

(2) The improvement of one or more parcels of land for residential, commercial or industrial structures or groups of structures involving the division or allocation of land for the opening, widening or extension of any street or streets, except private streets serving industrial structures; the division or allocation of land as open spaces for common use by owners, occupants or lease holders or as easements for the extension and maintenance of public sewer, water, storm drainage or other public facilities.

SUBDIVISION, MINOR or LOT SPLIT, means any subdivision that does not result in the creation of more than five lots out of a single tract or does not require the construction of new streets, roads, public water or sewer facilities, sidewalks or similar facilities.

SURETY means a certificate of deposit, performance bond, irrevocable letter of credit or cash escrow account in favor of the municipality designed to guarantee the construction of required improvements.

SURVEYOR means a surveyor registered by the State of Ohio.

TECHNICAL REVIEW GROUP means the municipality's review body of engineering construction plans for private and public development projects.

THOROUGHFARE PLAN means the system of streets for the municipality adopted by the municipality, on file in the Planning and Zoning Administrator's office, together with all amendments thereto subsequently adopted including the Land Use Plan adopted May 2, 2011.

TREE means any tree, shrub, or other woody plant.

TREE LAWN means the strip of land between the back of curb and sidewalks and/or planting easement.

TREE, LARGE means any tree species having a trunk caliper of six inches or more.

TREE, SIGNIFICANT means any individual tree that is of cultural, historical, biological, or horticultural value as determined by the Urban Forester.

UTILITY PLANT SUPERINTENDENT means the Utility Plant Superintendent of Commercial Point, Ohio.

ZONING CODE means the Zoning Code of the municipality.

(Ord. 2020-10, passed 6-15-2020)

§ 1105.01 ENFORCEMENT BY PLANNING AND ZONING ADMINISTRATOR.

It shall be the duty of the Planning and Zoning Administrator to enforce these Subdivision Regulations in accordance with the administrative provisions of these regulations. All departments, officials, public employees, and representatives of the municipality, vested with the duty or authority to issue permits or licenses, shall conform to the provisions of these Subdivision Regulations and shall issue no permit or license for any use, building or purpose in conflict with the provisions of these regulations. Any permit or license issued in conflict with the provisions of these Subdivision Regulations shall be null and void.

(Ord. 2020-10, passed 6-15-2020)

§ 1105.02 WAIVERS BY THE TECHNICAL REVIEW GROUP.

A waiver may be granted by the Technical Review Group where it finds extraordinary and unnecessary hardship may result from strict compliance with Chapter 1115, Required Improvements. The extraordinary and unnecessary hardship shall be a result of topographic or other physical condition(s) of the subject property. Granting a waiver shall not (1) conflict with the preliminary plan approval nor the final plat approval by Council, (2) violate the intent of these Subdivision Regulations, and (3) be detrimental to the public interest. Under no circumstances shall a waiver be granted under this section to any requirement of the Zoning Code.

(Ord. 2020-10, passed 6-15-2020)

§ 1105.03 VARIANCES BY THE COUNCIL.

(a) Where the Council finds that extraordinary hardships may result from strict compliance with the Subdivision Regulations and/or the purposes of the Subdivision Regulations may be served to a greater extent by an alternative proposal, it may approve variances to the Subdivision Regulations so that substantial justice may be done and the public interest secured. Approving such variance shall not have the effect of nullifying any intent or purpose of these Subdivision Regulations. In addition, the Council shall consider the following factors in deciding whether to grant a variance under the Subdivision Regulations:

(1) The granting of the variance will not be detrimental to the public safety, health, or welfare or injurious to other property;

(2) The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are not applicable generally to other property;

(3) Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of these Subdivision Regulations are carried out; and

(4) Variances contrary to other applicable guidelines and ordinances shall not be granted.

(b) In approving variances, the Council may require such conditions as will, in its judgment, substantially secure the objectives of the standards or requirements of these Subdivision Regulations.

(c) Public Notification. At least one notice shall be given at least 30 calendar days prior to the public hearing in one or more newspapers of general circulation in the municipality. Such notice shall include the date, time and place of the public hearing and nature of the appeal. Written notice of the appeal shall be mailed by the municipality, certified mail, at least 20 calendar days prior to the date of the public hearing to abutting property owners. Such notice shall include the date, time and place of the public hearing and nature of the appeal.

(Ord. 2020-10, passed 6-15-2020)

§ 1105.04 PLAT ADJUSTMENTS.

No changes shall be made to any final plat after approval by Council except that minor technical adjustments or corrections, which do not significantly change the plat as approved by Council, may be made with the approval of the Planning and Zoning Administrator.

(Ord. 2020-10, passed 6-15-2020)

§ 1105.05 REQUEST TO VACATE A RECORDED PLAT OR PORTION THEREOF.

A subdivider may file a request to vacate a recorded plat or portion thereof. A written request shall be filed with the Planning and Zoning Administrator. The request shall be heard by Council, which shall have a maximum of 60 calendar days from receipt of the request to make a decision. If approved by Council, the subdivider shall submit the proper recording instrument(s) to the Law Director for review and approval. Once the recording instrument(s) is/are approved by the Law Director, the subdivider is responsible for recording it with the appropriate County Recorder's Office. This recording shall operate to destroy the force and effect of the original plat, or portion thereof, so vacated.

(Ord. 2020-10, passed 6-15-2020)

§ 1105.06 NOTICE OF VIOLATION.

The Planning and Zoning Administrator shall notify by certified mail the property owners and those violating these Subdivision Regulations and any related ordinances of any non-compliance situations and shall order actions to correct or remedy said violations. This notification shall order the discontinuance of any illegal action and shall order actions to correct or remedy said violation(s). The Planning and Zoning Administrator may also issue a stop work order and request the Law Director to institute the appropriate action or proceeding at law or equity to restrain, correct, remove or prosecute such violation(s).

(Ord. 2020-10, passed 6-15-2020)

§ 1105.07 VIOLATIONS AND PENALTIES.

Any person, firm, or corporation who fails to comply with a notice of violation order, or violates any of these Subdivision Regulations or R.C. Chapter 711, shall be subject to the penalties as set forth in said R.C. Chapter 711.

(Ord. 2020-10, passed 6-15-2020)

§ 1105.08 APPEALS.

(a) Appeal of Planning and Zoning Administrator Decision or Technical Review Group Decision. Whoever is aggrieved or affected by the decision of the Planning and Zoning Administrator or the Technical Review Group shall have the right to file an appeal with Council. A written appeal shall be filed with the Planning and Zoning Administrator within ten calendar days of the decision of the Planning and Zoning Administrator or Technical Review Group. At the time of filing the appeal, the Planning and Zoning Administrator shall turn over to Council the application and any relevant background information. Council shall have a maximum of 75 calendar days from receipt of an appeal to hold a public hearing, consider the appeal and make a decision on the appeal. To reverse or modify the decision of the Planning and Zoning Administrator or the Technical Review Group, a simple majority vote of the full membership of Council shall be required.

(b) Public Notification. At least one notice shall be given at least 30 calendar days prior to the public hearing in one or more newspapers of general circulation in the municipality. Such notice shall include the date, time and place of the public hearing and nature of the appeal. Written notice of the appeal shall be mailed by the municipality, certified mail, at least 20 calendar days prior to the date of the public hearing to abutting property owners. Such notice shall include the date, time and place of the public hearing and nature of the appeal.

(c) Council, in reversing or modifying the decision of the Planning and Zoning Administrator may prescribe additional conditions and safeguards in conformity with these Subdivision Regulations. Violations of such conditions and safeguards, when made a part of said approval, shall be deemed a violation of these Subdivision Regulations and punishable as prescribed in § 1105.07, and shall result in revocation of said approval.

(d) Recourse from Council shall be to the Franklin County or Pickaway County Court of Common Pleas, as appropriate, as provided under the Ohio Revised Code.

(Ord. 2020-10, passed 6-15-2020)

§ 1107.01 GENERAL REQUIREMENTS.

The following rules and regulations shall govern request for boundary line adjustment and minor subdivision (lot split) approvals.

(a) Prior to submittal of the exemption request, the applicant should meet with the Planning and Zoning Administrator to determine whether the request meets the exemption criteria and to explain the procedure and submittal requirements. If it is determined that the applicant's proposal does not meet the exemption criteria, the applicant shall be required to comply with Chapter 1109 of these Regulations.

(Ord. 2020-10, passed 6-15-2020)

§ 1107.02 BOUNDARY LINE ADJUSTMENT.

Boundary Line Adjustment Exemption. The boundary line adjustment process is an administrative process conducted by the Planning and Zoning Administrator. Boundary line adjustments cannot be used to create new parcels of record.

(a) Criteria. An application must meet, at a minimum, all of the criteria below:

(1) Resulting parcels comply with the adopted standard platting conditions and any other conditions determined applicable by the Planning and Zoning Administrator or municipal engineer.

(2) Resulting parcels comply with all applicable zoning, building, fire, and health codes, rules and regulations.

(b) Submittal Process. The submittal process below shall apply to all boundary line adjustments:

(1) The applicant shall file two complete copies of the exemption request to the Planning and Zoning Administrator.

(2) The submittal shall be reviewed in a timely manner for completeness by the Planning and Zoning Administrator. The applicant shall be notified in writing of any inadequacies, missing or incomplete documentation. No application for boundary line adjustment shall be reviewed by village officials until all required information has been received by the Planning and Zoning Administrator.

(3) Once the submittal is determined complete, the Planning and Zoning Administrator will conduct a site characteristics analysis and perform a site visit to verify characteristics and determine if the application meets the criteria for a boundary line adjustment. The Planning and Zoning Administrator may consult with the municipal engineer and other municipal officials as necessary.

(4) If the Planning and Zoning Administrator denies the exemption request, the applicant shall have the right to appeal it to Council in accordance with § 1105.08 of these Subdivision Regulations. If the request is approved on appeal, the applicant shall submit the final exemption documents.

(c) Submittal Requirements. In addition to the submittal requirements listed below, the Planning and Zoning Administrator may request other materials or information as deemed necessary, before or during the process.

(1) Application form, as provided by the Planning and Zoning Administrator, signed by the property owner(s).

(2) A fee as stipulated by Chapter 1117, paid by the applicant, shall be included with all application filings.

(3) Preliminary drawing: drawing of the properties involved submitted at a scale no less than 1-inch equals 100-feet. The drawing shall, at a minimum, depict the following:

A. The title shall be placed at the top of the sheet and shall include: the name of the proposed exemption and a general legal description.

B. The drawing shall include: the preparation date; a north arrow; a written and graphic scale; the name, address, and phone number of the person who prepared the exhibit.

C. The proposed boundaries of the subject properties shall be depicted in a heavy solid line and any boundaries proposed to be deleted depicted with a dashed line.

D. Boundaries of adjacent properties or portions of those boundaries that are in immediate proximity of the subject properties shall be depicted in a lighter line weight.

E. Other elements that may be required are: existing roads; existing structures; utilities; site modifications and easements.

(d) Final Exemption Documents. Upon approval of the preliminary drawing by the Planning and Zoning Administrator, a boundary survey for all affected properties, prepared by a certified land surveyor duly registered by the State of Ohio, shall be submitted along with legal descriptions of said properties. The boundary survey shall be at a scale no less than 1" = 100'. New legal descriptions are not valid until the final approved documents, including new deeds, are signed and recorded with the applicable County Auditor's Office and County Recorder's Office. If the new legal descriptions are not recorded within 30 calendar days of approval, the descriptions deemed to be null and void.

(Ord. 2020-10, passed 6-15-2020)

§ 1107.03 MINOR SUBDIVISION EXEMPTION.

The minor subdivision exemption process is to change real property boundaries to create five or fewer new parcels.

(a) Criteria. An application must meet, at a minimum, all of the criteria below.

(1) Creates no more than a total of five parcels.

(2) Resulting parcels comply with all applicable zoning, building, fire, and health codes, rules and regulations.

(3) All of the parcels created comply with the minimum lot size requirements in the applicable zoning district.

(4) Resulting parcels are accessed, at a minimum, by a public right-of-way that meet, or with improvements can meet, Municipal Road Design Standards.

(5) All of the parcels can comply with Municipal and Health Department Sewage Disposal Requirements.

(6) The owner(s) shall provide for the construction to extend all utilities to the site and other public infrastructure as may be required at no cost to the municipality.

(b) Submittal Process. The submittal processes below shall apply to all minor subdivision exemptions:

(1) The applicant shall file two complete copies of the exemption request and appropriate documentation to the Planning and Zoning Administrator.

(2) The submittal shall be reviewed in a timely manner for completeness by the Planning and Zoning Administrator. The applicant shall be notified in writing of any inadequacies, missing, or incomplete documentation. No application for minor subdivision shall be reviewed by village officials until all required information has been received by the Planning and Zoning Administrator.

(3) The Planning and Zoning Administrator may consult with the municipal engineer or other municipal officials as necessary.

(4) The Planning and Zoning Administrator shall approve, approve with conditions, or deny the exemption based on the information presented and compliance with the adopted standards, regulations and policies of the municipality.

(5) If the Planning and Zoning Administrator denies the exemption request, the applicant shall have the right to appeal it to Council in accordance with § 1105.08 of these Subdivision Regulations. If the request is approved on appeal, the applicant shall submit the final exemption documents.

(1) Application form, as provided by the Planning and Zoning Administrator, signed by the property owner(s).

(2) A fee as stipulated by Chapter 1117, paid by the applicant, shall be included with all application filings.

(3) Preliminary drawing: drawing at a scale not less than 1" = 100'. The Plan shall depict the following:

A. The title shall be placed at the top of the sheet and include the name of the proposed exemption and a general description.

B. The drawing shall include: the preparation date; a north arrow designated at true north; a written and graphic scale; the name and address of the owner and person who prepared the exhibit.

C. The boundaries of the proposed parcels shall be depicted in a heavy solid line.

D. Boundaries of adjacent properties or portions of those boundaries that are in immediate proximity of the parcels proposed for subdivision shall be depicted in a lighter line weight.

E. Depict all existing roads, structures, utilities, earthwork, site modifications and easements as applicable.

F. Depict all lots providing accurate dimensions for each.

(d) Final Exemption Documents. Upon approval of the exemption request a full certified land survey for all affected parcels shall be submitted including new legal descriptions. The survey shall be at a scale not less than 1" = 100'. New legal descriptions are not valid until the final approved documents are signed and recorded with the applicable County Auditor and Recorder. If the new legal descriptions are not recorded within 30 calendar days of approval, the descriptions shall become null and void.

(Ord. 2020-10, passed 6-15-2020)

§ 1109.01 PRELIMINARY SUBDIVISION PLAN, SUBMITTAL AND REVIEW.

(a) It is strongly recommended that, prior to filing a preliminary subdivision plan application, the developer submit a conceptual plan to the Planning and Zoning Administrator for review. Depending on the particulars of the proposed development, the Planning and Zoning Administrator may request input from the Technical Review Group.

(b) A preliminary subdivision plan application shall be filed with the Planning and Zoning Administrator. Eight 11" by 17" size copies and two full size copies of all preliminary subdivision plans and supporting information shall be included with the application submittal. In addition, plan sheets shall be submitted in electronic form in either jpeg or tif formats. Upon the filing of a preliminary subdivision plan application, the Planning and Zoning Administrator shall review the application for compliance with § 1113.02 of these Subdivision Regulations. Should any information not be included with the application, it shall be returned to the developer with a written explanation of what information is missing. No preliminary subdivision plan application shall be reviewed by village officials until all required information has been received by the Planning and Zoning Administrator.

(c) A fee as stipulated by ordinance, paid by the developer, shall be included with the preliminary subdivision plan application filing.

(d) All preliminary subdivision plans shall be prepared by a certified land surveyor duly registered by the State of Ohio.

(e) Council shall review the preliminary subdivision plan and act thereon within 60 calendar days from receipt of a complete application. Council may approve the plan as submitted or modified, it may conditionally approve the plan and stipulate the conditions of such approval, or it may disapprove the plan and express the reasons therefore. The developer shall be advised as to the decision of Council by letter and/or legible markings and notes on the plan.

(f) All updated preliminary subdivision plans and supporting information submitted to Council for review shall include all revisions requested at Council's prior meeting. Upon the submittal of updated preliminary subdivision plans and supporting information, the Planning and Zoning Administrator shall review the submittal for compliance with the requested revisions. Should any information not be included with the updated submittal, it shall be returned to the developer with a written explanation of what information is missing. No updated submittal shall be reviewed by village officials until the requested revisions have been made.

(g) Approval of a preliminary subdivision plan shall not constitute approval of the final subdivision plat nor required improvement plans, but rather shall be deemed an expression of approval of the layout as a guide to preparation of the engineering construction plans and final subdivision plat.

(h) Review of the preliminary plan is based on conformance with present zoning, general conformance with the required improvement as stipulated herein, and compatibility to adjacent land use, adjacent zoning and to appropriate plans for the area, including but not limited to the comprehensive plan.

(i) Whether it is proposed to develop the property in one section or in multiple sections, the layout of the entire tract is required.

(j) Public notification for the review of a preliminary subdivision plan shall consist of listing on the Council's meeting agenda posted in accordance with the all applicable laws and rules.

(Ord. 2020-10, passed 6-15-2020)

§ 1109.02 TECHNICAL REVIEW GROUP.

(a) The Technical Review Group is established as the municipality's review body of engineering construction plans for private and public development projects and consists of, as necessary, but not be limited to, the Planning and Zoning Administrator, Municipal Engineer, Village Administrator, and Mayor. The Technical Review Group will meet on an as needed basis to provide for a forum at which proposed developments at any state in the regulatory process may be discussed. These meetings are intended to minimize conflicts with various regulatory requirements and to provide coordination of various requirements and procedures. The Technical Review Group also provides Council technical expertise in matters that come before Council.

(b) The Planning and Zoning Administrator shall chair the Technical Review Group and shall coordinate the review process. The developer shall be advised by the Planning and Zoning Administrator as to the decision of the Technical Review Group by letter and/or legible markings and notes on the plans.

(c) Approval of engineering construction plans by the Technical Review Group shall expire 12 months from the date of such approval, unless construction work has started. A single extension, not to exceed six months, may be given by the Technical Review Group upon written request by the developer.

(Ord. 2020-10, passed 6-15-2020)

§ 1109.03 ENGINEERING CONSTRUCTION PLANS, SUBMITTAL AND REVIEW.

(a) Engineering construction plans shall only be accepted for review after Council has approved the preliminary subdivision plan or, in the case of a site plan development, the site plan has been approved by Council. All required improvements shall be installed at the cost of the developer in accordance with design and construction standards of the municipality.

(b) Submittal Procedure: The developer shall prepare and submit five full-size copies of the engineering construction plans and supporting information to the Planning and Zoning Administrator. If complete, they are distributed and reviewed by the Technical Review Group. If the submittal is incomplete, it is returned to the applicant with a written explanation of what information is missing. No engineering construction plans shall be reviewed by the Technical Review Group until all required information has been received.

(1) Civil engineering construction plan review with Technical Review Group within one week of submission.

(2) Review any approval conditions by Council.

(3) Review general notes.

(4) Review compliance with Chapter 1115, Required Improvements.

(5) Hold preliminary engineering construction plan meeting with the Technical Review Group within two weeks of distribution to compile comments to be forwarded to the developer for revision and/or clarification.

(d) Final Review Procedure:

(1) All updated engineering construction plans and supporting information submitted for review shall include all revisions and/or clarifications as previously requested. The developer also shall return all annotated review plans along with a Mylar cover sheet for signatures and construction cost estimate. No updated submittal shall be reviewed by the Technical Review Group until all requested revisions have been made and/or clarifications have been provided.

(2) Civil engineering construction plan review with the Technical Review Group within one week of submission.

(3) Review revisions from preliminary engineering construction plan review.

(4) Hold final engineering construction plan meeting with the Technical Review Group within two weeks of distribution to compile comments to be forwarded to the developer for revision and/or clarification. If there are additional comments, forward to the developer for revision and/or clarification.

(e) When there are no additional comments, return signed Mylar to the developer.

(f) Pre-Construction Meeting Required: Infrastructure improvements for the area proposed under the subdivision, or site plan development, may proceed following the required pre-construction meeting with the municipality. The property owner or applicant is responsible to contact the Village's Municipal Engineer to schedule and review the pre-construction meeting requirements including, but not limited to, submitting signed engineering construction plans, bonding, insurance and inspection fees in accordance with Chapter 1117.

(Ord. 2020-10, passed 6-15-2020)

§ 1109.04 FINAL SUBDIVISION PLATS, SUBMITTAL AND REVIEW.

(a) Final subdivision plats shall be subsequent to and substantially in conformance with a previously approved preliminary subdivision plan. A final subdivision plat shall constitute only that portion of the development that is proposed for recording and development at the current time.

(b) The final subdivision plat, or the final subdivision plat of the first phase of a subdivision, shall be submitted to the Planning and Zoning Administrator within 12 months after approval of the preliminary subdivision plan but not until the engineering construction plans have been approved by the Technical Review Group. Otherwise, said preliminary subdivision plan approval shall become null and void unless an extension of time has been granted by Council upon the developer showing justified cause to the satisfaction of Council. Only one extension of time may be granted for a period not to exceed 12 months.

(c) A final subdivision plat application shall be filed with the Planning and Zoning Administrator at least 30 calendar days prior to the Council meeting date. Eight 11" by 17" size copies and two full size copies of all final subdivision plats and supporting information shall be included with the application submittal. In addition, plan sheets shall be submitted in electronic form in either jpeg or tif formats. Upon the filing of a final subdivision plat application, the Planning and Zoning Administrator shall review the application for compliance with § 1113.03 of these Subdivision Regulations. Should any information not be included with the application, it shall be returned to the developer with a written explanation of what information is missing. No final subdivision plat application shall be reviewed by village officials until all information has been received by the Planning and Zoning Administrator.

(d) A fee as stipulated by ordinance, paid by the developer, shall be included with the final subdivision plat application filing.

(e) Final subdivision plats shall be prepared by a registered surveyor duly certified by the State of Ohio.

(f) Council shall review the final subdivision plat application within 60 calendar days from receipt of a complete application. Council may approve the final plat as submitted or modified, it may conditionally approve the final plat and stipulate said conditions, or it may disapprove the final plat and express the reasons thereof. The developer shall be advised as to the decision of Council by letter and/or legible markings and notes on the plat.

(1) Before any final subdivision plat application is considered for approval or conditional approval by Council, the developer shall give notice to the Ohio State Director of Transportation of the proposed improvements and obtain a letter from the Ohio State Director of Transportation stating that: This property is not within 300 feet of the centerline of a proposed new highway, or within 500 feet of the centerline of a highway for which changes are proposed; or this property is within these limits but that acquisition of the land at this time is not in the public interest. If the Ohio State Director of Transportation notifies Council that the state shall proceed to acquire the land needed, then Council may refuse to approve the plat, according to provisions of R.C. § 5511.01.

(2) At the request of the subdivider, Council may give conditional approval and allow the developer to proceed with completion of the plat. However, it shall be clearly at the subdivider's own risk and the conditional approval shall be withdrawn if the Ohio State Director of Transportation proceeds to acquire the land.

(3) If the State Director of Transportation notifies Council that acquisition at this time is not in the public interest, or upon expiration of a 120 calendar day period from date of notice to the Ohio State Director or any extension thereof agreed upon by the Ohio State Director of Transportation and the property owner, Council shall, if the final plat is in conformance with all provisions of these Subdivision Regulations, approve of the final subdivision plat application.

(4) The developer shall provide a copy of all correspondence to the Ohio State Director to the Planning and Zoning Administrator. The correspondence to the Ohio State Director shall indicate the 120 calendar day notification deadline.

(g) If the final subdivision plat application is disapproved by Council, it shall be returned to the Planning and Zoning Administrator and the Developer with recommendations for modification.

(h) Upon approval by Council, the Mayor and Fiscal Officer shall sign the final plat for recording with the appropriate County Auditor's Office and County Recorder's Offices. The municipality shall record the signed plat with the respective county. The developer shall be responsible for all recording costs. The approved final plat shall be placed on record within 30 calendar days from the date of Council's approval, or said approval shall be deemed null and void. Provided, however, the said recording time may be extended by Council for good cause.

(i) The subdivider shall submit a full size copy of the approved final plat, as recorded, to the Planning and Zoning Administrator. Upon completion of the subdivision, four full size copies of as-built plans, prepared by the developer's engineer and based on the municipality's construction inspection records, shall be submitted to the Planning and Zoning Administrator. As-built plans shall also be submitted in electronic format as specified by the Planning and Zoning Administrator.

(j) No building permits for lots within the platted (recorded) subdivision shall be issued until after the public infrastructure has been constructed and said improvements have been accepted by the municipality.

(Ord. 2020-10, passed 6-15-2020)

§ 1111.01 INITIATION.

The provisions of these Subdivision Regulations may be amended, supplemented, changed or repealed to meet changing conditions or to better meet good development practices. Amendments may be initiated in one of two ways: (1) by adoption of a resolution by Council; or (2) by filing of an application by the owner(s) of the property affected by the proposed amendment to these Subdivision Regulations.

(Ord. 2020-10, passed 6-15-2020)

§ 1111.02 APPLICATION REQUIRED.

(a) A complete written application shall be filed with the Planning and Zoning Administrator at least 30 calendar days prior to the Council meeting date. Eight copies of all supporting information including, but not limited to, information listed in division (c) of this section shall be included with the application filing. Upon the filing of the application, the Planning and Zoning Administrator shall review the application for compliance with this chapter. Should any information not be included with the application, it shall be returned to the owner with a written explanation of what information is missing. No application shall be reviewed by village officials until all required information has been received by the Planning and Zoning Administrator.

(b) A fee of five hundred dollars ($500), paid by the owner(s), shall be included with the application filings.

(1) Name, address and phone number of the owner(s) and agent, and if available the subdivider if different from the owner.

(2) A written description of the proposed amendment to these Subdivision Regulations.

(3) A written explanation of why the proposed amendment should be adopted and how the proposed amendment relates to the implementation of the municipality's Community Plan and other related adopted plans.

(Ord. 2020-10, passed 6-15-2020)

§ 1111.03 CRITERIA FOR REVIEW OF A PROPOSED AMENDMENT.

All amendments to these Subdivision Regulations must be consistent with the adopted comprehensive plan. Council shall, at minimum, consider the following factors in the review of the application:

(a) Compatibility of the proposed amendment to adjacent land use, adjacent zoning and to appropriate plans for the area, including but not limited to the comprehensive plan.

(b) Relationship of the proposed amendment to access and traffic flow and utility services including sanitary sewer, water, and storm drainage, as outlined in the transportation thoroughfare plan, comprehensive plan and/or other adopted plans for the area.

(c) Relationship of the proposed amendment to the public health, safety, convenience, comfort, prosperity and general welfare, including impact on infrastructure and municipal services.

(d) Relationship of the proposed use to the adequacy of available services and to general expansion plans and planned capital improvements.

(Ord. 2020-10, passed 6-15-2020)

§ 1111.04 REVIEW PROCEDURE OF A PROPOSED AMENDMENT.

(a) Council shall act on proposed amendments presented to it within a reasonable time. The owner or agent shall be advised as to the decision of Council by letter.

(b) Council shall hold a public hearing on the proposed amendment within 60 calendar days of receipt of the amendment proposal. Nothing in this section shall prevent the Council from granting a continuance of the public hearing.

(c) At least one notice of Council's public hearing shall be given at least 30 calendar days prior the scheduled public hearing date in one or more newspapers of general circulation in the municipality. Such notice shall include the time and place of the public hearing and the nature of the proposed amendment.

(d) Within 45 calendar days after the public hearing, Council shall approve or disapprove the proposed amendment, or adopt the proposed amendment with modifications.

(Ord. 2020-10, passed 6-15-2020)

§ 1113.01 GENERAL REQUIREMENTS.

Preliminary plans, final plats, and supporting information submitted to the municipality for review shall be in accordance with the requirements contained in this chapter.

(Ord. 2020-10, passed 6-15-2020)

§ 1113.02 PRELIMINARY PLAN REQUIREMENTS.

Preliminary subdivision plans shall be on sheet(s) no larger than 24-inches by 36-inches and prepared at a scale not smaller than one inch equals 100 feet. The entire project shall be displayed on a single sheet when possible. If more than two sheets are required, an index sheet must be included. Where information is required for items off-site, and access to such areas is not available to the registered surveyor preparing the preliminary plan, required information may be an approximate nature, based on an existing recorded plat(s) of surrounding parcels and must be so noted. Preliminary subdivision plans shall include the following:

(a) A location map showing the relationship of the proposed subdivision to the surrounding area.

(b) The name of the subdivision, the name and address of the developer, the name and registration number of the registered surveyor, a north arrow, scale, and date the plan was prepared.

(d) Soils information, presented on a separate drawing, identical in scale to the preliminary plan. Street and lot layout shall be superimposed upon the soils information sheet. Data shall be derived from the United States Department of Agriculture Soil Survey.

(e) The current names and locations of all adjoining property owners and adjacent subdivisions within 150 feet of the proposed subdivision.

(f) The current zoning of the property to be subdivided and of the contiguous properties.

(g) The location and dimensions of all boundary lines of the property expressed in feet and decimals of a foot, and the approximate acreage of the land to be subdivided.

(h) The location of existing water bodies, streams, drainage ditches, stands of trees and trees with a diameter breast height (DBH) more than six inches in diameter, and other pertinent features within 500 feet of the proposed subdivision.

(i) The location, width, names, and classification of all existing and proposed streets, rights-of-way, and easements, and where pertinent, their designated use within 500 feet of the proposed subdivision.

(j) Approximate location of all existing buildings within 500 feet of the proposed subdivision.

(k) Location and illustration of existing storm and sanitary sewers, culverts, drainage tiles, water lines, gas lines, CATV, utility poles, and utility lines within and adjacent to the proposed subdivision.

(l) The location of all existing wells within 300 feet of the proposed subdivision.

(m) The approximate location, dimensions, and numbering of all proposed lots.

(n) The approximate location, dimensions, and area of all land proposed to be set aside for required parks and open space, and other public or private reservation, with designation of the purpose and proposed ownership and maintenance thereof.

(o) Topography with a maximum contour interval of two feet. Elevations shall be based on mean sea level datum obtained from benchmarks established by the NGS Control.

(p) Indication of the proposed use of any lots other than residential.

(q) Lots within the subdivision including future additions shall be numbered consecutively beginning with "one", and the total number of lots and their combined acreage shown on the plat.

(r) Preliminary proposals for connection to existing water supply and sanitary sewer systems and for the collection and discharge of surface water drainage including the location and size of existing and proposed water mains, sanitary sewers and drainage facilities.

(s) Delineation of the drainage areas involved, with a plan for draining the total upstream watershed through the development. The major storm routing path shall be delineated.

(t) The 100-year floodplain and floodway of any watercourse identified as having a flood hazard area and delineated on the most current flood insurance rate maps.

(u) Written indication from the Utility Plant Superintendent that capacity for both water and sanitary sewer service is available.

(v) Preliminary street lighting plan showing proposed locations of street lights and the typical street light fixture to be used in the subdivision.

(w) Where it is proposed to develop the property in multiple sections, a tentative delineation of the sections including an estimated time frame for construction and build out.

(Ord. 2020-10, passed 6-15-2020)

§ 1113.03 FINAL PLAT REQUIREMENTS.

Final subdivision plats shall be on sheet(s) no larger than 24-inches by 36-inches and prepared at a scale not smaller than one inch equals 100 feet, drawn in black India ink on reproducible Mylar. The entire project on a single sheet when possible. If more than two sheets are required, an index sheet shall be included. The reproducible Mylar shall meet the size requirements of the applicable County Auditor's Office and County Recorder's Office. Where information is required for items off-site, and access to such areas is not available to the registered surveyor preparing the final plat, required information may be an approximate nature, based on an existing recorded plat(s) of surrounding parcels and must be so noted. Final subdivision plats shall include the following:

(a) A location map showing the relationship of the proposed subdivision to the surrounding area.

(b) The name of the subdivision, name and address of the developer, the name and registration number of the registered surveyor, a north arrow, scale, and date the plat was prepared.

(d) The current names and locations of all adjoining property owners and adjacent subdivisions within 150 feet of the proposed subdivision.

(e) The current zoning of the property to be subdivided and of the contiguous properties.

(f) The location and dimensions of all boundary lines of the property being subdivided with accurate distance and bearings, including section, municipal corporation, and county lines.

(g) Accurate dimensions for all lots, reserve parcels, rights-of-way, and all known easements.

(h) The numbering of the lots in the final subdivision plat application. All lots within the entire subdivision, including any future sections or additions, shall be numbered consecutively starting with the first plat to be recorded and beginning with the number 'one'.

(i) The location, width, names and classification of all existing and proposed streets, rights-of-way and easements, and where pertinent, their designated use, within 500 feet of the proposed subdivision.

(j) Curve data for all proposed streets including the radii, arcs, chords, chord bearings, tangent and central angle.

(k) Accurate location of all required monuments.

(l) A summary of the area of land used for each of the following: (1) lots, (2) rights-of-way, and (3) parks, open space, and other public or private reservation, with designation of the purpose and purposed ownership and maintenance thereof.

(m) Location of setback lines from all rights-of-way, public or private, and the building envelope shown on all lots.

(n) An acknowledgment by and bearing the signature of the owner that the subdivision plat was prepared with the owner's consent and approval and dedicating the public streets and the appropriate areas to Commercial Point.

(o) A statement signed by the owner setting forth the rights associated with the easements and reserve parcels shown on the subdivision plat.

(p) Certification by the registered surveyor who prepared the subdivision plat that the information contained on the plat is true and correct and conforms to the requirements of these Subdivision Regulations.

(q) A signature block for the endorsement of an approved final subdivision plat by the Mayor and Fiscal Officer upon the approval by Council. The signature block and associated final subdivision plat wording is shown in Appendix B.

(Ord. 2020-10, passed 6-15-2020)

§ 1115.01 GENERAL.

(a) Prior to final plat approval by Council, the subdivider shall have installed the required improvements.

(b) All items of work covered and stipulated in the construction plans, including altering or any extra work shall be performed in accordance with the lines, grades, typical cross sections and dimensions shown on the construction plans. All areas within the rights-of-way and easements shall be graded in accordance with the grading plan. All other areas shall be rough graded such that building construction (including basement excavation) will satisfy final grading in accordance with the grading plan. The setting and marking of all lines, profile and grade stakes necessary for the layout of the work in accordance with the improvement plans shall be performed under the supervision of a registered surveyor. Should any misunderstanding arise as to the intent or meaning of the construction plans, or any discrepancy appear in same, or in the proper method of setting and marking of the construction stakes, the decision of the Municipal Engineer in such cases shall be final. All surveys and construction plans shall be based on the Pickaway County Horizontal and Vertical Control System. An index of control points is available from the Pickaway County Engineer.

(c) The construction material specifications and standard drawings of Commercial Point, along with the City of Columbus, Ohio and ODOT, shall govern the required improvements except as modified within these Subdivision Regulations.

(d) (1) All engineering construction plans shall be prepared, signed and sealed by a registered professional engineer. Construction plans shall include title sheet, index map, location map, typical sections, plan and profile view, benchmarks, miscellaneous engineering details, and estimate of quantities. Cross sections shall be submitted upon request by the Municipal Engineer. All typical sections and major engineering details to be used on any particular street shall be approved in advance before completion of the engineering construction plans.

(2) The title sheet of the engineering construction plans must contain the name of the subdivision, road or street names, county and location map. Space shall be provided on the title sheet or the first sheet of the plan for signature of the Mayor; Utility Plant Superintendent; and Municipal Engineer. The following statement shall be above the village's signature block: "Signatures below signify only concurrence with the general purpose and general location of the project. All technical details remain the responsibility of the engineer preparing the plans."

(3) The necessity of guard rail, seeding, erosion control, type of backfill or other special conditions shall be determined with the assistance of the Municipal Engineer before completion of the construction plans.

(4) The engineering construction plans shall show the drainage area and design flow for all major culverts in 12 inches and greater.

(5) The engineering construction plans shall be made with India ink on matte Mylar material. Freehand linear drawings will not be accepted. No shading or coloring shall be allowed. The sheets upon which the engineering construction drawings are made shall measure 24" x 36", with 1/2" margin border on three sides and a 1-1/2" to 2" binding margin on the short left side. A poorly drawn or illegible plan is sufficient cause for rejection.

(6) Submittal requirements include improvement plans, sanitary sewer calculations, storm drainage calculations, grading plans, landscaping plans, erosion and sedimentation control plans, and lighting plans. See § 1109.03 for time frames for submittal to the Planning and Zoning Administrator.

(7) Resubmittals of engineering construction plans shall clearly show all revisions made thereto by notes in the "revision" block with each revision clearly outlined on the appropriate sheet(s). A lack of properly addressing all Technical Review Group comments is sufficient cause for rejecting the resubmittal.

(8) After all improvements have been constructed, a complete set of as-built plans on reproducible Mylar and electronic copy of the same in either pdf or tif format shall be submitted to the Municipal Engineer for municipal files.

(e) Testing to ensure compliance with the standards contained herein shall be required by the Municipal Engineer, and shall be at the expense of the subdivider.

(f) (1) Plan view on improvement plans must include the following:

A. Right-of-way line, centerline, departing lot lines, lot numbers, subdivision limits, and limits of construction.

B. Centerline curve data and centerline tangent data, including delta, radius, arc, chord, and tangent.

C. Radius of all curb returns to face of curb.

D. Approved street name.

E. Stations at every 100 feet on centerline. Indicate stations at points of curve and tangent at the beginning and end of all returns at centerline intersection, and at subdivision or section limits.

F. Street widths are based on face of curb to face of curb for full length.

G. When proposed streets intersect with or join existing streets or traveled way, indicate both edges of existing pavement, surface, or curb and gutter for a minimum of 100 feet, or the length of connection, whichever distance is the greater.

H. All existing or proposed easements.

I. All water mains, their sizes, valves, and fire hydrants, and location of mains to centerline of street.

J. All sanitary sewers and appurtenances. Identify sanitary sewer appurtenances by type. All appurtenances shall be numbered.

K. The location of all or any natural springs whether within or draining to street right-of-way and indicate proposed treatment of it. All springs will be capped and piped in a minimum six-inch diameter perforated pipe encased in washed gravel, and connected into the nearest storm manhole or curb inlet.

L. Proposed stream or channel relocations. Show existing and proposed locations. Furnish detailed typical section and type of stabilization to be provided. Any proposed stream or channel relocation, excluding road side ditch, shall comply with the requirements of the Army Corp of Engineers.

M. Guard posts or barricade at the end of streets that are to be extended in the future. A temporary T-turnaround shall be provided for dead end streets exceeding 200 feet in length.

N. Protection of ends of curb and gutter by providing for erosion control and temporary drainage where required.

O. Where a special typical section is approved, provides detail on plan.

P. Notes that may be necessary to explain the intent and purposes of the plan.

Q. Symmetrical transition of pavement at intersection with existing street.

(2) Profile view on improvement plans must include the following:

A. Elevations at beginning and end of all vertical curves.

B. Length of vertical curves with elevations and stations of vertical points of intersections (VPI).

C. Elevations computed every 50 feet on all tangent sections, and grades computed every 25 feet in all vertical curves.

D. Elevations along all curbs and curb returns on intersecting streets. The grades of intersecting streets shall match at the intersection of the extensions of the respective curbs. In other words, a hypothetical curb P.I. must be established.

E. Elevations at all curb inlets.

F. Extension of centerline profile 300 feet beyond property line or boundary on all streets that provide for access to adjoining property.

G. Existing centerline profiles for 200 feet minimum distance to insure proper grade tie, when proposed street is an extension of, or connects with an existing street or road.

H. Centerline profile of existing street or road 300 feet minimum distance to right and left of proposed connection, when a proposed street intersects with an existing street or road.

I. All proposed water mains, sanitary sewer mains, storm drains, and appurtenances.

J. All crossings of existing utilities.

K. Notes that may be necessary to explain the intent and purposes of the profile.

(Ord. 2020-10, passed 6-15-2020)

§ 1115.02 MONUMENTS.

Iron pins and permanent markers shall be set under the direction of a surveyor registered by the State of Ohio at all changes in direction of all outside boundary lines of the platted property and at all changes in direction of the right-of-way lines. Iron pins shall be 13/16-inch inside diameter, 30 inches long with a plastic plug placed in the top bearing the initials of the surveyor. Permanent markers shall be one-inch in inside diameter, material 30-inches long, buried one-foot in depth below final grade with a plastic plug placed in the top bearing the initials of the surveyor. A minimum of four permanent markers shall be set. The placing of all monuments shall meet the minimum standards for boundary surveys in the State of Ohio.

(Ord. 2020-10, passed 6-15-2020)

§ 1115.04 STREET LIGHTING.

(a) Street lighting shall be required, designed and installed by the subdivider. Street lights every 200 feet on opposite sides of street. Illumination provided shall be uniform and compatible with adjacent light sources. Energy efficient lamps, controlled by dusk-to-dawn photocells, are required unless otherwise directed by the Municipal Engineer.

(b) Council shall approve the selection of lighting fixtures that are to be used in the subdivision.

(c) The developer shall be required to set up an assessment on each lot to cover the cost of operation of street lights within the subdivision.

(Ord. 2020-10, passed 6-15-2020)

§ 1115.05 TRAFFIC CONTROL AND STREET SIGNS.

(a) All traffic and street name signs shall be installed by the subdivider and shall conform to the requirements as set forth by the Municipal Engineer. A schedule of traffic signs conforming to the current Ohio Manual of Uniform Traffic Control Devices shall be submitted for review and approval by the Municipal Engineer.

(b) For all required traffic control signals, the subdivider shall install mast arms.

(d) The developer may be required to provide painted cross walks and stop bars at intersections and other places as may be appropriate to facilitate pedestrian traffic.

(Ord. 2020-10, passed 6-15-2020)

§ 1115.06 WATER.

Adequate public water service shall be provided for all lots in conformance with the following criteria:

(a) All water mains shall be PVC AWWA C-900 or C-905, AWWA C-909 CL-150 or HDPE, AWWA C-906, DIPS, DR-11 minimum.

(b) All water mains and appurtenances shall be constructed in accordance with the rules, standards, and specifications of Commercial Point and shall be reviewed, tested, and approved by the Municipal Engineer prior to acceptance by the village.

(c) Service connections shall be HDPE DR-9 with stiffeners at every coupling, installed at the time the water main is installed.

(d) The minimum size of mains shall be eight-inches, unless prior approval from the Technical Review Group.

(e) Minimum cover shall be 48 inches.

(f) New waterlines, along with sanitary sewers and storm drains shall be placed within the roadway right-of-way and meet the required horizontal and vertical separations as set forth by the OEPA.

(g) The following requirements shall be met for fire protection:

(1) In a residential single-family area, there shall be a minimum distribution of fire hydrants on a ratio of one to each 120,000 square feet of area. The distance between fire hydrants shall not exceed 400 feet, and one hydrant shall be placed at the dead-end of a cul-de-sac.

(2) In commercial, business, industrial, and multi-family areas, there shall be a distribution of public and/or private fire hydrants on a ratio of one to each 80,000 square feet of area. A minimum of one hydrant shall be provided within 300 feet of every building or part thereof with a minimum of one additional hydrant within 500 feet of every building or part thereof.

(3) Fire hydrants shall be placed two feet clear behind the back of curb, whenever possible, or eight feet clear behind the edge of pavement in uncurbed streets. Fire hydrants shall be placed a minimum of 40 feet from buildings protected whenever possible.

(4) Computations may be required to verify that the minimum fire hydrant flow in the proposed improvement meets the requirements for the appropriate insurance ratings. The computations shall be based on a Hazen Williams coefficient of 100. For residential, (single family) areas, the fire flow should be 1,000 gpm at 20 pounds per square inch (psi). For industrial, multi-family, or commercial areas, the fire flow should be a minimum of 2,000 gpm at 30 psi. Higher flows may be required depending on the type of use. Fire flows shall be provided in addition to maximum daily requirements.

(5) Fire hydrants shall conform to AWWA C502 and shall be Mueller Company A423 Super Centurion or American Darling B84B fire hydrants. All hydrants shall be supplied with five inch 30-degree Stortz fitting. A maximum of one extension shall be permitted per hydrant. The hydrants shall have a six-inch mechanical joint inlet connection, a five and one-quarter-inch main valve opening, two two and one-half-inch hose nozzles, and one four-inch pumper nozzle with coarse thread (four per inch). All outlet nozzles shall have National Standard threads. Hydrants shall be furnished with a five-foot bury depth unless otherwise shown on the plans. Hydrants shall be self-draining. A drainage sump two feet in diameter and two feet deep shall be excavated below each hydrant and filled with coarse gravel or stone, compacted in place, under and around the shoe of the hydrant and to a level of six inches above the waste opening. No drainage sump shall be connected to a sanitary sewer. The operating nut shall be pentagon. Fire hydrants shall be factory painted grenadier red. One hydrant wrench shall be furnished with each five hydrants.

(h) Valves shall be placed outside of pavement wherever practical. In general, two valves shall be installed at every main line tee, and three valves shall be placed at every main line cross. The distance between main line valves shall be in accordance with the OEPA's Ten-State Standard.

(i) At high points in water mains where air can accumulate, provisions shall be made to remove the air by means of air/vacuum release valve or fire hydrant as determined by Commercial Point.

(j) All tees, bends, plugs, and hydrants shall be provided with reaction blocking and an approved restraining system designed to prevent movement. Restraining systems shall be epoxy coated.

(k) Meters shall be supplied by the municipality and paid for by the customer.

(l) The subdivider shall provide the municipality with all required OEPA approvals and pay all OEPA and associated review fees.

(m) Fire Department connections to a building fire sprinkler system shall be a five-inch Stortz-type connection.

(n) Location of the connections set forth in division (m) of this section will be determined by the local fire authority.

(o) All valves and hydrants shall include factory installed stainless steel trim bolts and nuts.

(p) Curb boxes shall be Ford arch pattern type boxes with an extension road provided.

(q) All water fitting appurtances shall be American made.

(Ord. 2020-10, passed 6-15-2020)

§ 1115.07 SANITARY SEWERS.

Each lot shall be served by an adequate sanitary sewage collection and disposal system.

(a) (1) All sanitary sewer pipe shall be PVC sewer pipe ASTM D-3034, SDR 35 and ASTM F-679 or HDPE minimum DR-17. All pipes shall have sufficient strength to withstand an HS-20 live load. If PVC pipe is used, a mandrel test is required just prior to expiration of the one-year guarantee to assure maximum deflection of 5% has not been exceeded. Any pipe that fails this test will be replaced at the subdividers expense.

(2) PVC pipe, shall be shop tested in accordance with the City of Columbus Construction Inspection Division's quality control program at the subdivider's expense. A report of the material tests shall be provided to the Municipal Engineer.

(b) New sanitary sewers, along with waterlines and storm drains, shall be placed within the roadway right-of-way and meet the required horizontal and vertical separation as set forth by the OEPA. All sanitary sewage collection systems shall be constructed in accordance with the rules, regulations, standards and specifications of Commercial Point, OEPA's Ten-State Standards and the Ohio Department of Health.

(c) A map must be provided delineating the contributing area in acres to the sanitary sewer system. All sanitary sewer manholes shall be numbered, consistent with the numbering on the improvement plans. A copy of the location map may be used for this purpose.

(d) Sanitary sewers shall be designed in accordance with the latest edition of OEPA's "Ten States Standards."

(e) The subdivider shall provide the municipality with all required OEPA approvals and pay all OEPA and associated review fees.

(f) Minimum collection line size shall be eight inches.

(g) All sanitary sewer manholes and covers shall conform to Commercial Point Standard Drawings.

(h) Service shall be provided to each lot. If basement service is not provided, it shall be so noted on the sanitary sewer improvement plans and on the final plat. Risers shall be provided where the service is greater than 12 feet deep, provided that basement service will still be provided.

(i) All sanitary sewers shall be videotaped in DVD format after construction prior to acceptance of the sewers by the municipality. The DVD shall remain the property of the municipality. The DVD shall clearly identify the location of the camera within the sewer, date and time of DVD, and be of sufficient quality to determine the condition of the sewers.

(j) The top of the manhole cover shall be flush with the finished grade of the surrounding area. Covers are not permitted to be buried nor be above final grade.

(k) Plan view on sanitary sewer plans must include the following: (TBC by engineer).

(Ord. 2020-10, passed 6-15-2020)

§ 1115.08 DRAINAGE.

An adequate storm drainage system shall be provided for each subdivision/development. The design of said system shall be prepared using the Rational method and shall be based on a minimum of two year frequency. Rainfall intensity, runoff coefficients, and concentration time used in computing flows and structures sizes shall be in accordance with the tables, charts, and the data established by the Municipal Engineer for such calculations. All areas which contribute storm water to the proposed drainage system must be considered on the determination of the sizes of structures and channels. Detention basins that are properly maintained by their owners or property owners' associations are important to protect the integrity of the public storm sewer system.

(a) (1) A separate grading plan shall be submitted at a scale of 1" = 50' or l" = 100'. The grading plan shall indicate ground elevations with existing and proposed contours shown at intervals of not more than five feet where the slope is greater than 10% and not more than two feet where the slope is less than 10%. Sufficient proposed elevations must be shown such as at all lot corners, etc. in order to explain the proposed grading. First floor elevations of all existing and proposed structures shall be included. Routing of the major storm shall be shown. Sanitary sewer and storm sewer top of castings must be shown on the grading plan.

(2) The minimum building elevation adjacent to the 100-year routing path shall be set a minimum of one foot above the 100-year flood elevation. No basement entrances, windows, or basement level garages shall be permitted adjacent to and below the 100-year routing path.

(3) Swales necessary to carry surface water must have a minimum gradient of 1.0%.

(b) Storm Sewer Requirements.

(1) Minimum cover for storm sewer pipe shall be one foot clear from the bottom of the curb and gutter or from the bottom of the under-drain to the outside top of the pipe except as approved by the Village Engineer. Maintain a minimum of two feet of cover from the finished ground surface to the outside top of the pipe for any storm sewer system located beyond the limits of street right-of-way.

(2) Standard headwalls are to be constructed at the inlet and outfall of all storm sewers, and shall be shown on the plan and profile.

(3) The invert of the first storm sewer appurtenance shall be above the computed floodplain elevation, unless otherwise permitted by the Village Engineer.

(4) Pipe for storm sewers shall not be less than 12 inches in diameter. All storm sewer piping shall be extra strength vitrified clay, reinforced concrete, or ductile iron. Other materials may be approved at the direction of the Village Engineer. All piping shall have sufficient strength to withstand an HS-20 live load.

(5) All drainage calculations, drainage area outlines, and contributing areas used in drainage design shall be furnished on a print of the grading plan.

(6) The inverts of all curb inlets, manholes, yard inlets, and other appurtenances shall be formed to reduce turbulence to a minimum.

(7) Manholes shall be provided at all changes in alignment and grade of storm sewers and at such other locations as necessary to maintain a maximum interval of 500 feet between manholes or storm sewers.

(8) Storm inlet or catch basin grates shall be of a type to permit safe crossing by bicycles as approved by the Village Engineer.

(9) The maximum distance for overland flow shall be 300 feet before entering a surface yard inlet or 400 feet before entering a curb inlet. Except, that the maximum overland drainage area tributary to any yard inlet or curb inlet shall not exceed 1.5 acres. The maximum spacing for curb inlets shall not exceed 400 feet unless approved by the Village Engineer. The maximum spread of flow during a two-year storm shall not exceed eight feet for 30-foot wide streets and nine feet for streets wider than 30 feet. Spread calculations may be required, at the discretion of the Village Engineer.

(10) All storm water runoff shall be conducted through storm drainage systems up to and including the equivalent of a 72-inch diameter pipe.

(11) The flow lines of pipes shall be set such that either the crown, or the 0.8 depth points, at junctions, are at the same elevation. However, the crown of the outlet pipe may be lower.

(12) Where an open watercourse is permitted, an easement shall be provided at least equal to the area required for the 100-year rainfall. Also, the easement shall be shown on the final plat as a "Watercourse and Utility Easement." Restrictions as to the use of this easement shall be shown on the final plat.

(13) No water will be allowed to cross a street intersection unless it is carried in storm sewer.

(1) The method outlined herein will provide a general guide as to the criteria and procedures to be used for storm sewer design.

A. The rational method shall be used for all storm water drainage design for areas up to 200 acres. Storm sewers shall be designed to carry a two-year storm flowing full Q=CIA, in which

Q = Quantity of storm water runoff in cubic feet per second.

C = Coefficient of runoff (0.4 for single-family residential areas).

I = Average rainfall intensity in inches per hour for the period of concentration to the point under consideration. The minimum length of time of concentration is ten minutes to a curb inlet or l5 minutes to a ditch catch basin.

A = Drainage area in acres tributary to the point of concentration.

B. For drainage areas over 200 acres, the method explained in "Urban Hydrology for Small Watershed, Technical Release No. 55" (can be obtained from the Soil Conservation Service, U.S. Department of Agriculture) shall be used.

(2) The minimum time of concentration to the first curb inlet shall be ten minutes. The minimum time of concentration to the first catch basin shall be l5 minutes.

(3) Storm sewer pipe sizes are to be determined by using Manning's Formula with a minimum coefficient of roughness of n = .013.

(4) The minimum allowable velocity shall be three feet per second (fps) in pipe. The maximum allowable velocity shall be seven fps.

(5) A hydraulic grade line check based on a five-year storm may be required, at the discretion of the Village Engineer.

(d) Open Watercourses.

(1) Access to storm drainage ditches and channels shall be assured by means of maintenance easements. Such maintenance easements shall be not less than 20 feet in width, measured horizontally from the top of the bank, exclusive of the width of the ditch, or channel, and shall be provided on each side of the ditch. Maintenance easements are to be kept free of obstructions. Detailed provisions regarding the entities to be responsible for maintenance of the facility shall be submitted in text form with the subdivision plat. As applicable, notes regarding maintenance shall be made on the plat.

(2) Design storm frequency for open channels shall be based on bank full for ten-year storm, with a one foot freeboard.

(3) A. The minimum velocity for open channels shall be two feet per second. The maximum velocity is dependent on the type of channel protection provided. The desirable minimum grade for open channel is 1.0%.

B. The Manning "n" values shall be as follows:

Sod or jute mat lining 0.05

Paving lining 0.015

Rock Protection 0.08

C. The Municipal Engineer on a case-by-case basis will review Manning "n" values for other lining materials.

D. The minimum side slope shall be 3:1 for unprotected slopes and 2:l for slopes protected with riprap. Flatter slopes are more desirable. Steeper slopes for materials other than riprap will be reviewed on a case-by-case basis.

(4) If the proposed improvements are located in a floodplain area as identified by the Federal Emergency Management Agency, the limits of this floodway and floodway fringes must be shown on the improvement plans.

(e) Storm Water Detention.

(1) If the post-development runoff volume is greater than the predevelopment runoff volume, storm water detention must be provided in accordance with the following table:

Increase in 2-year Volume of Runoff	Control Design Frequency (Critical Storm)
1 - 2 Times	10-year
2 - 3 Times	25-year
3 - 4 Times	50-year
Over 4 Times	100-Year

(2) The maximum allowable release rate shall be based on the two-year storm under pre-developed site conditions, for all rainfall events up to and including the critical storm. The maximum allowable release rate for storms greater than the critical storm shall not exceed the pre-developed rate for the same frequency storm, for storms up to and including the 100-year storm.

(3) "Total Runoff Volume Computations Worksheet," in the Village of Commercial Point Specification, Materials, and Standard Drawings Manual should be used to determine predeveloped and post developed runoff volumes, runoff volumes for critical storm, and required detention volume calculations.

(4) Detention basins shall be lined with riprap or other bank protection as approved by the Village Engineer, extending at least three feet horizontally and two feet vertically from the established water table line. Soils information shall be provided to demonstrate that the retention basis will be impervious.

(5) All wet basins shall have fountains approved by Council. Dry basins must have concrete channels to handle low flows.

(6) Detention basins shall have a minimum 1% slope.

(7) All control facilities shall be designed with overflow provisions to handle the developed 100-year discharge.

(8) The maintenance of detention basins and all outlets thereto shall be the responsibility of the property owner or property owners' association, as applicable and not the Village of Commercial Point. Such maintenance shall ensure that water in each detention basin through the detention basin outlet does not restrict the flow of the public storm sewer system.

(f) Wet basins are to include one fountain for every three-quarter of an acre of surface area. In addition, the basin must include an air diffuser below the fountain to improve water circulation and quality. The infrastructure to be installed that is necessary to provide power to the fountain and aerator shall be installed in a manner to coincide with the overall basin landscaping aesthetics. Wet basins with a surface area of less than three-quarter of an acre are required to include one fountain and air diffuser. Fountains and aerators must be operated from April 1 to October 31 each year.

Fountain and Aerator Requirements
Basin Surface Area (Acre)	Number of Fountains and Aerators
0.75	1
0.75 -- 1.5	2
1.5 -- 2.25	3
2.25 -- 3.0	4
3.0 -- 3.75	5
3.75 -- 4.5	6
> 4.5 discuss with Technical Review Group

(g) Trash racks. At a minimum, all outlet structures shall have a grate to prevent large debris from passing through. Trash racks are to be constructed from galvanized metal and shall meet the specifications provided below.

(1) Catch basin riser structures shall have a trash rack at all window openings with a height of 1-foot or greater, spacing not to exceed 4-inches, and a pre-fabricated grate top.

(2) Pipe and headwall structures shall have a fabricated galvanized metal grate of the type similar to that shown on Exhibit A, upon review, the technical review group may approve other types and forms of trash racks presented by the design engineer as part of the construction plan submittal.

(Ord. 2021-28, passed 8-16-2021; Am. Ord. 2025-01, passed 3-3-2025)

§ 1115.09 BRIDGES.

Bridges over walkways or watercourses shall be designed to ODOT standards. Calculations shall be submitted to the Municipal Engineer to demonstrate that these standards have been met.

(Ord. 2020-10, passed 6-15-2020)

§ 1115.10 EROSION AND SEDIMENTATION CONTROL.

(a) Measures shall be taken to minimize erosion and its impact during subdivision construction activity. Prior to construction, a copy of the Notice of Intent (NOI) to use the Ohio Environmental Protection Agency's General Construction Permit, as well as the storm water pollution prevention plan prepared as part of the NOI, shall be submitted with the improvement plans for review by the municipality. All erosion control devices shall be in place at the start of construction and maintained by the subdivider at all times, and other measures implemented according to the approved time schedule. Such erosion control devices, techniques and other measures shall not be removed and/or disturbed until earth disturbing activities on the site have been concluded.

(b) Erosion control plans shall be based upon controlling erosion on-site, with the object of eliminating or minimizing erosion or sedimentation impacts off-site. Erosion and sedimentation control plans shall follow the OEPA NPDES Phase II Permit and be approved by the municipal engineer.

(c) Erosion and sedimentation control techniques will be inspected by the municipality to ensure compliance with the State's General Construction Permit. The cost for this inspection shall be stipulated by ordinance. Failure to maintain erosion and sedimentation control measures as approved by the municipality is a violation of these Subdivision Regulations.

(Ord. 2020-10, passed 6-15-2020)

§ 1115.11 LANDSCAPING.

(a) All improved areas within dedicated street rights-of-way shall be graded, friable soil, and seeded in accordance with current standards of the municipality and in a manner approved by the Planning and Zoning Administrator.

(b) The number, type and location of trees to be planted, excluding the dedicated street right-of-way, shall be based upon the existing trees preserved on the site and shall be shown on a landscaping plan to be submitted with the final plat. Landscaping plans shall be in accordance with a master tree plan. Where such plans do not exist, the subdivider shall provide the following per lot: One shade tree (maple family, 1-1/2 - 2 inch), two shrubs 3-4 feet (pyramidal Evergreens), two shrubs 2-3 feet (flowering shrubs), four shrubs 18-24 inch (spreading evergreens), and 12 bags of mulch.

(c) The subdivider shall be responsible for the establishment of required plantings and such responsibility shall extend one year from the date of original planting. A bond shall be posted to ensure the planting and replacement of trees, and may be reduced as trees are planted. Council may require tree buffers or landscaped mounds between adjoining properties.

(d) An irrigation system shall not be allowed within the dedicated public street right-of-way.

(e) All tree and shrub planting shall follow ANSI A300, latest edition, Part 6 "Transplanting Standard".

(Ord. 2020-10, passed 6-15-2020)

§ 1115.12 HILLSIDE REGULATIONS.

(a) Cuts and Fills. No land shall be graded, cut or filled so as to create a slope exceeding a vertical rise of one foot for every two and one-half feet of horizontal distance between abutting lots, or between adjoining tracts of land, unless a retaining wall of sufficient height and thickness is provided to retain the graded bank, or other acceptable control measures are provided.

(b) Compaction of Fill. All fill outside the right-of-way shall be compacted to a density of 98% dry density or greater, to within four inches of finished grade.

(c) Retaining Walls. Retaining walls may be required whenever topographic conditions warrant or where necessary to retain fill or cut slopes within the right-of-way. Such improvements shall require the approval of the Municipal Engineer.

§ 1115.14 PLATTED EASEMENTS.

The following standards shall govern the provision of easements:

(a) Where a subdivision is traversed by a water course, drainage way, channel, storm conduit or stream, there shall be provided to the municipality, a storm drainage easement or drainage right-of-way on forming substantially with the lines of such water course and containing additional width as required for maintenance.

(b) Easements, a minimum of ten feet in width shall be provided adjacent to each side of and contiguous with all proposed rights-of-way. Such easements shall be used for any and all public or private underground utilities, street trees and other public facilities.

(c) Utility or drainage easements across lots or alongside or rear lot lines shall be a minimum 20 feet in width. The Municipal Engineer may require additional width where appropriate, based on the proposed usage. If a proposed utility is outside the right-of-way, a minimum of 7% feet of clearance must be provided between the centerline of the proposed utility and the edge of the easement. If a proposed utility is within the right-of-way, an easement must be provided adjacent to the right-of-way if the utility is less than seven and one-half feet from the right-of-way line.

(d) Where subdivisions are adjacent to schools, parks, or other public facilities, access easements shall be provided to those facilities where deemed appropriate by Council. Such access easement shall be a minimum of 20 feet in width and side yard setbacks for adjacent lots shall be measured from the easement.

(Ord. 2020-10, passed 6-15-2020)

§ 1115.15 LOCATION OF PRIVATE UTILITIES.

All utilities (including, but not limited to, gas, electric, telephone, and CATV cables) shall be located underground throughout the subdivision. Wherever existing utility facilities are above ground, unless otherwise stipulated by the Municipal Engineer, they shall be placed underground.

(Ord. 2020-10, passed 6-15-2020)

§ 1117.01 GENERAL REQUIREMENTS.

Prior to final approval of any plat, the following bonds, deposits and insurance policies shall be provided to the municipality by the subdivider.

(Ord. 2020-10, passed 6-15-2020)

§ 1117.02 BONDING REQUIREMENTS.

(a) Purpose. A performance bond shall be posted by the subdivider to guarantee to the municipality that in the event the required public improvements and utilities, which were an integral part of the approved final plat, are not installed, the municipality may install such required public improvements and utilities at the expense of the subdivider.

(b) Performance Bond Requirements. The required bond shall be so worded as to ensure the completion of the improvements, to the extent required by the Subdivision Regulations or which may be required by Council, including the construction of all streets and bridges, all sidewalks and curbs and the installation of a storm drainage system, all sanitary sewage facilities, water services, and the setting of all monuments.

(1) The applicant shall file with the Fiscal Officer a surety bond in favor of Commercial Point. Such bond must be executed by a surety company authorized to enter into such bonds under the laws of the State of Ohio. The bond shall be in such amount and in such form and contain such conditions as the municipality may require.

(2) Should a subdivision be approved in sections, the above requirements may be applied by section, rather than to the subdivision as a whole at the option of the subdivider unless specifically required by Council. Requirements by Council may include thoroughfare and infrastructure improvements that are deemed appropriate for the large development and necessary for incremental development of the section.

(c) Term of Performance Bond Extension. The Planning and Zoning Administrator may extend the term of the performance bond upon a written request from the subdivider when good cause for delay is shown and the surety company agrees to the extension.

(d) Maintenance Bond.

(1) Prior to the release of a performance bond, the subdivider shall present a maintenance bond in an amount as stipulated by ordinance based on the value of the public and private improvements required by the approved improvement plans and the subdivision regulations. The developer or designated representative shall contact the Planning and Zoning Administrator to schedule a meeting with municipal officials during the 11th month of the first year of the maintenance bond to perform an inspection of the improvements. Any deficiencies shall be documented in writing and provided to the developer who shall take appropriate action in addressing said deficiencies.

(2) After all deficiencies, if any, have been addressed to the satisfaction of the municipality, the maintenance bond may be reduced in an amount determined by the Planning and Zoning Administrator to cover street improvements for an additional four years.

(3) No certificate of zoning compliance or building permit shall be issued in the approved subdivision, or section thereof, until the required maintenance bond is accepted.

(e) Release of Performance Bond and "As Built" Drawings. Request for the release of a performance bond upon completion of all required improvements including "punch list" items must include "as built" drawings to include any changes from the approved improvement plans, including grading plan for storm drainage. Two hard copies of the "as built" drawings must be submitted and in electronic format (CD/DVD) in either jpeg or tif format, with GPS/GIS files. The "as built" drawings shall be reviewed and approved by the Municipal Engineer, showing the location of said improvements, as constructed, in both plan and profile. The "as built" drawings and revised grading plan shall be respectively signed by a licensed engineer or surveyor licensed in the State of Ohio.

(f) Bond Instructions.

(1) The bond form obtainable from the Planning and Zoning Administrator is the only one acceptable to the municipality.

(2) The bond must be for the total amount required by the municipality.

(3) Power of attorney of person signing on behalf of the surety company must be attached to the bond if not already on file with the municipality.

(4) If the person acting as attorney for the surety company is not a licensed resident agent of the State of Ohio, then a licensed Ohio resident agent of the company shall countersign this bond.

(5) The signatures of two witnesses are required on the bond.

(6) If the subdivision applicant is a corporation, then the corporate seal must be shown in addition to the seal of the bonding company.

(7) The bond must show the bond number and the name of the bonding company's local agent.

(8) Commercial Point requires a completion date of two years (performance bonds only).

(g) Cash Bond. The municipality may, at its discretion, require the posting by the developer of a cash bond in lieu of any or all of the provisions of this section. Interest on such bond shall accrue to the developer, but in no event shall be payable thereto until performance has been completed in accordance with all of the provisions of the Regulations. The Municipal Engineer shall determine the amount of such bond.

(Ord. 2020-10, passed 6-15-2020)

§ 1117.03 INDEMNITY INSURANCE.

A policy of indemnity insurance for personal liability and property damage, in the amount as stipulated by ordinance, protecting the municipality against any claims for damage to person or property resulting from or by reason of the construction of the required improvements, shall be furnished to the municipality and maintained in force by the subdivider. The insurance policy shall remain in full force and effect until all improvements are completed and maintained to the satisfaction of the Council.

(Ord. 2020-10, passed 6-15-2020)

§ 1117.04 FEES.

(a) Subdividers shall be responsible for payment of the following fees, which shall be submitted with the plats, unless otherwise noted. These fees are subject to review and revision by Council.

(l) For processing of a preliminary subdivision plat, the sum of $400, plus $5 per lot for each plat.

(2) For processing of a final subdivision plat and final improvement plans, the sum of $200, plus $10 per lot, plus 2% of the estimated construction cost.

(3) For processing of minor subdivision plats that require improvement plans, 2% of the estimated construction cost ($600 minimum).

(4) For processing of minor subdivision plats that do not require improvement plans, the sum of $400 plus $10 per lot.

(5) Processing of resubmitted final plats are subject to a fee of $5 per lot, and are subject to a fee of up to 50% of the original fees.

(6) A retainer for all inspection fees, supervision, and testing of materials, in the amount of 5% of the cost of construction of the required improvements based upon the subdivider's detailed estimate of said cost as approved by the Municipal Engineer. Said fee to be paid prior to the beginning of construction. If the inspecting, supervision, and testing fees are anticipated to exceed the retained amount, an additional amount will be required to be deposited. Any of these amounts remaining at the completion of construction will be returned to the subdivider.

(7) Tests performed for the village by commercial laboratories to verify compliance with construction standards shall be billed to the subdivider at the rates charged by the laboratories.

(8) If the fees collected for processing of plats exceed the costs incurred by the village, the balance will be returned to the subdivider.

(9) For re-zoning of a planned district, the sum of $500.

(10) Site development plan fees:

A. Major: $500 processing fee and $10,000 review retainer fee.

B. Minor: $100 processing fee and $2,000 review retainer fee. If the amount incurred by the village in reviewing any site development plan exceeds the review retainer fee, then an additional amount will be charged to the developer and required to be deposited. This amount shall not exceed the actual amounts incurred by the village in reviewing the site development plan. Any review retainer fee(s) remaining at the completion of the review shall be returned to the developer.

(11) Flood plain development permit fee, the sum of $500.

(b) In addition to the required fees for processing a subdivision application, said fees as stipulated by ordinance, the subdivider shall be responsible for the following:

(1) Payment to the municipality of a retainer for inspection, monitoring and the testing of materials consisting of an amount as stipulated by ordinance of the construction cost of the required improvements based on the subdivider's engineer's detailed estimate of said costs as reviewed by the municipal engineer. Any retainage remaining at the completion of the construction will be returned to the subdivider. If the inspection, supervision and testing fees are anticipated to exceed the original retainage amount, the subdivider shall be required to deposit additional fees to the municipality. The Planning and Zoning Administrator shall inform the subdivider if this situation should occur. The municipality may temporarily stop construction work until additional retainage has been provided.

(2) A water tower maintenance fee of $1,000 per each platted lot. This fee will be paid in phases at the time each phase is approved for construction.

(3) A. For all commercial, industrial, and warehousing subdivisions, a utilities facilities construction impact fee of $0.25 per square foot of building of principal and accessory structures to be developed within the subdivision. The utilities facilities construction impact fee shall be collected at the time a subdivider submits a written site plan application per Chapter 1141. If an accessory structure is not included in the written site plan application and the subdivider later submits an application to obtain a Certificate of Zoning Compliance per §§ 1135.02 and 1135.03 for an accessory structure, the utilities facilities construction impact fee for the accessory structure shall be collected at the time the subdivider submits an application for a Certificate of Zoning Compliance.

B. The utilities facilities construction impact fee shall be refundable only if Council denies approval of the major site plan application. If the site plan is approved but approval has expired per § 1141.07(e), a subdivider shall not be required to pay the same utilities facilities construction impact fee more than once. If the site plan approval has expired, then the subdivider shall be given a credit for the utilities facilities construction impact fee already paid. If site plan approval expires and the subdivider submits a new written site plan application that differs from the originally approved site plan application, the subdivider shall be responsible for payment of additional fees if the building square footage contained in the new site plan application is greater than the previously approved building square footage.

C. A credit for payment of the utilities facilities construction impact fees already paid shall, upon request by the subdivider who submitted a written site plan application per Chapter 1141, be given to any transferee, assignee, or future owner of the property that is described in the site plan application. If the credit is not sufficient to cover the square footage of any written site plan application re-submitted per Chapter 1141, the transferee, assignee, or future owner shall be required to deposit additional fees to the municipality.

D. Utilities facilities construction impact fees shall be collected only on the basis of building square footage. The square footage of structures such as parking lots shall not be considered when calculating the overall impact fee owed.

E. All moneys generated pursuant to the utilities construction impact fee under this division shall be divided 90% among the Water Fund and 10% among the Sewer Fund.

(4) A. For all residential subdivisions, a utilities facilities construction impact fee of $0.25 per square foot of building of principal structures to be developed within the subdivision. No utilities facilities construction impact fee shall be collected for accessory structures within a residential subdivision. The utilities facilities construction impact fee shall be collected at the time a subdivider submits an application to obtain a certificate of zoning compliance per §§ 1135.02 and 1135.03.

B. All moneys generated pursuant to the utilities facilities construction impact fee under this division shall be divided 90% among the Water Fund and 10% among the Sewer Fund.

(5) Other applicable fees as stipulated by ordinance.

(Ord. 2022-07, passed 2-8-2022)

§ 1117.05 CONSTRUCTION INSPECTION PROCESS.

(a) Pre-construction Meeting Required. Prior to the construction of improvements, a pre-construction meeting shall be required between the subdivider and/or designated representative(s) and the municipality's Technical Review Group. The purpose of this meeting is to review the construction schedule and related details, as well as the inspection process. The subdivider shall contact the municipality's engineer to schedule this meeting. The required performance bond, retainage fees for inspection, monitoring and testing, and municipal engineering review fees shall be submitted to the municipality no later than the preconstruction meeting.

(b) Construction Inspection Process. Following completion of improvements, the municipality's Municipal Engineer will conduct a walk-through of the project and, if necessary, prepare a detailed punch list of items that are not in compliance with municipal standards and regulations. The Technical Review Group shall review this punch list for accuracy before the list is released to the subdivider. The subdivider is responsible for addressing all items on the punch list. Municipal Engineer, upon notice by the subdivider, will reinspect said items and inform the Planning and Zoning Administrator when completed.

(c) Notwithstanding anything in the foregoing division to the contrary, erosion and sedimentation control measures shall be maintained throughout all land disturbing activities, in accordance with the approved storm water pollution prevention plan.

(d) Compliance Inspections. Periodic inspections of a land disturbing activities' erosion and sedimentation control measures will determine either partial compliance or non-compliance with erosion and sedimentation control regulations. Partial compliance is defined as erosion and sedimentation control measures that are found to be in need of repair or maintenance or when practices fail to provide their intended function. Non-compliance is defined as erosion and sedimentation control measures are not installed or implemented or when partial compliance schedules are not adhered to.

(1) Should land disturbing activities be found to be in partial compliance, a notification will be issued by the Planning and Zoning Administrator that will require full compliance within three working days, unless it is found that the practices fail to provide their intended function, in which case there will be ten calendar days to submit a revised storm water pollution prevention plan and implement new control measures.

(2) Should land disturbing activities be found to be non-compliant, a notification will be issued that will require full compliance within ten calendar days, including weekends and holidays.

(3) If the aforementioned time frames are not met, the site will be found to be in violation of the Code of the Village of Commercial Point and subject to penalty in accordance with § 1105.07.

(Ord. 2020-10, passed 6-15-2020)

§ 1130.01 ARCHITECTURAL DIVERSITY (SAME HOUSE MODELS NEXT TO EACH OTHER).

All single-family residential developments shall incorporate architectural diversity whereby (a) the same house model and elevation shall not be directly across the street and (b) a minimum two-lot separation shall be required between the same house model on the same side of the street or diagonal from each other.

(Ord. 2020-10, passed 6-15-2020)

§ 1130.02 BUILDING ENVELOPE.

The dimensional space within which a building or structure is permitted to be built on a lot and that is defined by minimum yard setbacks.

(Ord. 2020-10, passed 6-15-2020)

§ 1130.03 CHIMNEYS.

(a) Cantilevered and shed type chimneys are permitted only if located on the rear of the house and not visible from the street. A chimney built "inside" the exterior wall or built inside the house or residential unit shall be exempt from this requirement.

(b) All chimneys shall be constructed out of masonry or stucco. Except for cantilevered and shed chimneys, chimneys shall extend the full height of the abutting vertical wall plane.

(Ord. 2020-10, passed 6-15-2020)

§ 1130.04 DRIVEWAYS.

Driveways for residential and non-residential developments shall consist of concrete, asphalt, or brick pavers. Council may permit a similar construction material as an alternative only upon prior approval. All driveway aprons shall be concrete. All driveways shall be a flat, earth tone color.

(Ord. 2020-10, passed 6-15-2020)

§ 1130.05 FOUR-SIDED ARCHITECTURE.

(a) The purpose of requiring four-sided architecture on all residential dwellings is to avoid large areas of blank exterior walls. Each side or rear elevation must contain at least two design elements and each front elevation must contain at least three design elements. On two-story dwellings, it is preferable that each story on a single elevation contains at least one design element. Typical design elements are included below, but this list is not all-inclusive.

(b) The eligible design elements are as follows:

(1) A door of at least 17 square feet in area.

(2) A window of at least six square feet in area. Windows closer than ten feet shall be considered as one element. A set of adjacent windows, such as double or bay windows, shall be considered as one element.

(3) A chimney.

(4) An articulated gable vent of at least four square feet in area.

(5) Porches, decks or similar structure.

(6) A similar significant permanent architectural feature consistent with the style of the house only upon prior approval by Council.

(7) The use of three-tab type roof shingles is not permitted.

(8) Twenty percent of all platted lots shall have partial natural finishes, of stone, stucco, or brick on the front elevation.

(9) Additionally, 10% of all platted lots shall have natural finishes of stone, stucco, or brick.

(Ord. 2020-10, passed 6-15-2020)

§ 1130.06 GARAGES.

All single-family residential developments may have a mix of front loaded and side loaded garages. There is no minimum of lots that must be designed for a standard side entrance garage. Side loaded garages may be used on lots where side-entry garages can be accommodated, typically 65 feet wide and wider lots. For corner lots, the garage shall be oriented towards the "lower" defined street classification as determined by the Planning and Zoning Administrator. Garage doors shall be a maximum ten feet height. If there is a living area above the garage, the maximum height of the garage shall be 35 feet. Otherwise, the maximum height of the garage is 18 feet.

(Ord. 2020-10, passed 6-15-2020)

§ 1130.07 FRONT LOADED GARAGES.

(a) May not project or be set back more than four feet from the front line of the livable area of the home. A covered or uncovered porch shall not be considered a livable area of a home.

(b) Garage doors shall not exceed 50% of the house width (frontage). Where more than a standard two car front loaded garage is provided, the additional garage bay(s) shall be offset from and architecturally designed to appear separate and distinct from the two car garage.

(Ord. 2020-10, passed 6-15-2020)

§ 1130.08 SIDE LOADED GARAGES.

(a) Side loaded garages may be loaded from an inside court area.

(b) The garage elevation facing the street must incorporate design features also found in the front elevation of the home including, but not limited to, windows.

(Ord. 2020-10, passed 6-15-2020)

§ 1130.09 HOUSE SIZE AND SETBACKS.

Dwelling Type	Ground Floor Area (sq. ft.)	Finished Floor Area (sq. ft.)
1 Story	1,500	1,500
1½ Story	1,250	1,700
2 Story	950	1,900
Split Level	1,500	1,500
Min. Lot Area	14,375
Max. Lot Coverage	30%
Min. Lot Width & Depth	80 ft. by 180 ft.
Lot Width on Curving Street or Cul-De-Sac	45 ft. at ROW 80 ft. at building lint
Front Yard Setback	30 ft.
Side Yard Setback	10 ft. each side
Rear Yard Setback	30 ft.; 8 ft. for accessory bldg.
Max. Building Height	35 ft. or 2 stories

(Ord. 2020-10, passed 6-15-2020; Am. Ord. 2025-02, passed 3-3-2025)

§ 1130.10 LANDSCAPING, REQUIRED.

All residential and non-residential lots shall have a minimum of 200 total square feet of landscaping in the front and side yards, consisting of shrubs and perennial flowers and at least one tree, in accordance with a landscaping plan approved by the village. If block is used for the foundation, any fully exposed block above final grade shall be of a premium or upgraded decorative material compatible with adjacent natural materials.

(Ord. 2020-10, passed 6-15-2020)

§ 1130.11 LOT COVERAGES.

Lot coverage shall mean the ratio of the horizontal area measured from the exterior surface of the exterior walls of the ground floor of all principal and accessory buildings or structures on a lot to the total lot area. Included in this ratio are porches, decks, patios, and outdoor pools.

(Ord. 2020-10, passed 6-15-2020)

§ 1130.12 PARKS AND GREEN SPACE.

All residential developments are required to address parkland and green space needs. Council shall determine whether a parkland is to be an active park or a passive park, green space, or some combination. A parkland is to be developed according to the approved plan at the beginning of the residential development. Only 40% of a required parkland acreage can be located within the 100-year floodplain.

(a) Active Park: Active park land shall contain usable areas reasonably dry most of the time for future buildings and structures. The developer is required to install the park's play equipment as determined by Council. A park development plan that includes the type and location of play equipment shall be approved by Council.

(b) Passive Park: The developer is required to install the park's furniture as determined by Council. A park development plan that includes the type and location of play equipment shall be approved by Council.

(c) Developer Providing Land for Village Utilities in Lieu of Parkland or Green Space: If the village determines that space in a development is needed for utility improvements, including but not limited to a water tower, booster, lift station or such, that space shall be donated and deeded to the village and may be considered part of the required green space or parkland.

(Ord. 2020-10, passed 6-15-20020)

MINIMUM COMPOSITION

** A tack coat (Item 407) (0.10 gallon per square yard) will be required between the 305 and 404 course.

Note: The number in parenthesis is the design traffic number and is the minimum number of 18,000 lbs. equivalent loads per day. When it is possible that this will be exceeded, the developer's engineer is required to check with the Village Engineer about changing design.

Legend

301 = Bituminous Aggregate Base

304 = Aggregate Base

305 = Plain Portland Cement Concrete Pavement (5 Bag)

402 = Asphalt Concrete

SS1523 = Roller Compacted Concrete

404 = Asphalt Concrete

407 = Tack Coat (RC-70 or RS-1)

408 = Prime Coat (RC-30, MC-70, (RT-2, RS-1, RS-2)

452 = Plain Portland Cement Pavement Class C, - ODOT Specifications

(1) Curb and gutter with under-drains shall be constructed in accordance with village standards.

(2) Sub-base shall be free of topsoil, vegetation, soft clay, or other objectionable material for a minimum depth of two feet below finished sub-grade. The sub-base shall be rolled, shaped, and compacted to a minimum depth of one foot below sub-grade and to a minimum width of 18 inches beyond the back of curbs. Compaction shall be not less than 100% of maximum dry density.

(3) The minimum radius at intersections measured at the face of curb shall be 20 feet for cul-de-sacs and local streets, 35 feet for collector streets, and 50 feet for arterial intersections.

A. Right-of-way and pavement widths shall be drawn in accordance with the following table. Pavement widths shall be measured face of curb to face of curb. Turnarounds on cul-de-sacs shall have a minimum 100' diameter right-of-way. There shall be no center islands in the turnaround of a cul-de-sac.

Street Type	Minimum Right-of-Way	Minimum Pavement Width
Arterial w/median	100	61
Arterial	100	52
Collector	70	36
Local	60	30
Cul-de-sac		R = 38 ft.

B. The typical sections contained in the Village of Commercial Point Specifications, Materials and Standard Drawings Manual shall be utilized.

C. Minimum pavement composition shall be determined by existing soil conditions and an AASHTO pavement design. All new pavement design shall include an aggregate base having a minimum thickness of six inches. The design engineer shall also consider future construction traffic. For new and reconstruction of streets and roads within the corporation limits of Commercial Point, Ohio with ADT's less than 400, the current "AASHTO Guidelines For Geometric Design of Very Low Volume Local Roads" shall govern.

D. The minimum radius at intersections measured at the face of curb shall be 20 feet for cul-de-sacs and local streets, 35 feet for collector streets, and 50 feet for arterial intersections.

E. Horizontal and vertical alignment shall meet the following minimum standards:

	Arterial	Major Collector	Minor Collector	Cul-de-sac or Local
Centerline Radius	1,050 ft.	650 ft.	400 ft.	250 ft.
Minimum Gradient	0.5%	0.5%	0.5%	0.5%
Monuments Maximum Gradient	6%	6%	7%	8%
Minimum Street Intersection Angle	90-degrees	90-degrees	90-degrees	80-degrees

F. Clear sight distance (length along each approach leg) shall follow ODOT's Location and Design Manual, Table 201-5 E Vol. 1.

G. Intersection centerline offsets shall meet the following minimum requirements:

Local/local	150 feet
Local/collector	200 feet
Local/arterial	300 feet
Collector/collector	300 feet
Collector/arterial	1,320 feet
Cul-de-sac/cul-de-sac	150 feet
Cul-de-sac/local	150 feet
Cul-de-sac/collector	200 feet
Cul-de-sac/arterial	not permitted

H. Vertical curves shall be provided at any change of vertical grade where the algebraic difference on grades is 1% or greater, unless otherwise directed by the Municipal Engineer. Sight distance shall be measured as the line of sight from a height of 3.75 feet to 0.5 feet above the pavement. The length of vertical curve shall meet the length as set by the ODOT requirement for crest and vertical segment. The ODOT Location and Design Manual Vol. 1, latest edition, or the AASHTO guidelines for low volume roads shall govern.

I. The maximum profile grade approach to intersections shall be 2%.

J. Sidewalks shall be installed inside the right-of-way along all streets, constructed of Portland cement concrete and located one foot off the right-of-way, unless otherwise approved by the Technical Review Group. Sidewalks shall be a minimum width and thickness as indicated below. At driveways and other points of vehicle crossing, the thickness shall be six inches. Sidewalks shall extend to the curbs at all intersections and include wheelchair ramps compliant with current ADA requirements. ADA detectible warning devices on ramps shall be "brick red."

Type of Street	Sidewalk Width	Sidewalk Thickness
Cul-de-sac	4 feet	4 inches
Local	4 feet	4 inches
Collector	4 feet	4 inches
Arterial	8 feet*	4 inches

*Or may be a leisure path, may be asphalt or concrete.

K. Driveway aprons, six inches thick minimum for residential and eight inches thick minimum for non-residential, shall be provided from the sidewalk to the curb at all driveway locations in accordance with the municipal standard drawing. The maximum grade of a driveway apron shall not exceed 10%.

(b) Street Layout. The arrangement, character, extent, width, and location of all streets shall conform to the master street plan of Commercial Point and to the following:

(1) Streets shall be so arranged as to provide for the continuation of existing streets.

(2) Connections shall be provided to adjoining properties for future access.

(3) Local residential streets shall be laid out so as to discourage through traffic while providing for interconnection of neighborhoods, reasonable safety, and access by emergency vehicle services.

(4) Cul-de-sacs shall be provided with a bulb type turnaround.

(5) Permanent cul-de-sacs shall not exceed 600 feet except where a variance to this requirement is specifically granted by Council. Temporary cul-de-sacs may exceed 600 feet where they are part of an overall street network.

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

A. Irregularly shaped blocks, those intended for cul-de-sacs or loop streets, and those containing interior parks or playgrounds, will be evaluated by Council and may be approved by Council if properly designed and located, and if the maintenance of interior public spaces is covered by notation on the plat.

B. No block shall be longer than 1,500 feet and the block width shall accommodate two tiers of lots, except where unusual topography or other exceptional physical circumstances exist.

C. Where blocks are over 900 feet in length, a crosswalk easement no less than ten feet in width at or near the halfway point may be required to provide proper access to schools, recreational areas, shopping centers, and other facilities.

(7) Street names shall be approved by the Planning and Zoning Administrator and shall not duplicate or be similar to names of existing streets within the municipality or its postal zip code.

(1) Each lot shall have frontage on a public or private street as specified in the Zoning Code, or zoning text as may be applicable.

(2) The depth and width of commercial and industrial lots shall be adequate to provide for the required off-street loading and parking spaces.

(3) Corner lots shall have extra width to permit appropriate building set back from and orientation to both streets.

(4) Double frontage, reverse frontage and irregularly shaped lots shall be avoided.

(5) Lot lines shall be substantially at right angles or radial to street lines.

(6) No lot shall have an average depth that is more than three and one-half times its average width unless otherwise allowed by Council.

(7) Pipe roof drain: roof drains shall either be to the street pavement via two cored-holes per lot, or tied directly to the curb under drain as determined by the Technical Review Group.