Elmore Village City Zoning Code
TITLE ELEVEN
Subdivision Regulations
1190.01 AREA OF JURISDICTION.
1190.02 INTERPRETATION AND PURPOSE.
(a) Interpretation. The provisions of these rules and regulations shall be held to be minimum requirements for the protection of the public health, safety, and welfare. These rules and regulations are not intended to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or regulations. Where these rules and regulations impose a greater restriction upon land than is imposed or required by such existing provisions of law, resolution, contract or deed, the provisions of these rules and regulations shall control.
(b) Purpose. The purposes of these Subdivision Regulations are:
(1) To protect and provide for the public health, safety, and general welfare.
(2) To ensure land to be subdivided is of such character that it can be used safely for building purposes without danger to health or peril from fire, flood, or other menace.
(3) To ensure that development subject to the subdivision regulations occurs in accordance with the Village’s adopted comprehensive plan, as amended, and other Village plans and policies.
(4) To provide for the orderly and beneficial development of the Village of Elmore through appropriate growth management techniques assuring the timing and sequence of development and the proper design and construction of major and minor subdivisions.
(5) To ensure land is not subdivided until adequate public facilities and improvements exist and proper provision has been made for stormwater, water, sewerage, and capital improvements such as schools, parks, recreation facilities and transportation facilities.
(6) To ensure the proper arrangement of streets, roads, or highways in relation to existing or planned streets and roadways, Village and County corridor plans, and Village and County thoroughfare plans.
(7) To ensure adequate and convenient traffic movement, sidewalk connectivity, utilities, access of fire-fighting apparatus, recreation, light, air, privacy and to avoid congestion of population.
(8) To prevent the pollution of air, streams, rivers and ponds, and to ensure that development subject to the Subdivision Regulations is sensitive to and compatible with environmental considerations.
(9) To ensure the ability of the natural environment to adequately support such development without significant negative consequences, and to ensure critical natural resources, areas and habitats are preserved, conserved and/or protected.
(10) To establish reasonable standards of design and procedures for subdivisions and re-subdivisions in order to further the orderly layout and use of land, and to ensure proper legal descriptions and monumenting of subdivided land. (Ord. 13-24. Passed 6-15-24.)
1190.03 EFFECTIVE DATE.
These rules and regulations shall be effective following adoption by the Planning Commission and Village Council. Any other regulations previously adopted by Council or the Planning Commission shall be deemed repealed. These rules and regulations shall in no way affect any subdivision having received preliminary approval by the Planning Commission prior to the effective date provided, however, that no changes to the preliminary plan, as approved, are introduced by the subdivider. (Ord. 13-24. Passed 6-15-24.)
1190.04 AUTHORITY AND ADMINISTRATION.
(a) Authority. The Planning Commission and Council are authorized under the Ohio Revised Code Chapters 711 and 713 to adopt rules and regulations covering plats for subdivisions of land and to approve, conditionally approve or disapprove plats for subdivisions of land falling within their jurisdiction, upon the condition that the Planning Commission has previously adopted a plan for major streets and for public open spaces within their jurisdiction, as set forth in Ohio R.C. Chapters 711.
(b) Administration. Administration of the rules and regulations contained herein shall be the responsibility of the Planning Commission. (Ord. 13-24. Passed 6-15-24.)
1190.05 CLASSIFICATION AND DETERMINATION OF SUBDIVISION TYPE.
There are three (3) basic types of subdivisions.
(a) Minor Subdivision. The following are determined to be minor subdivisions:
(1) The division of land into five (5) or less parcels of more than twenty (20) acres not involving any new streets, public utilities or easement of access as determined by the Planning Commission.
(2) The sale or exchange of parcels between adjoining lot owners, where such sale or exchange does not create additional building sites as defined by zoning or these subdivision regulations or reduce the original tract below the requirements of zoning or these regulations.
(3) The establishment of private streets serving industrial structures on their own property where there is no division of land.
(4) The division of land along an existing public street, not involving the opening, widening or extension of any street or road or public utility and involving no more than five (5) lots after the original tract has been completely subdivided (ORC 711.131).
(5) The division or partition of land into parcels of five (5) to twenty (20) acres where such parcels are used only for agricultural or personal recreation purposes and not involving any new streets, public utilities, or easements of access.
(b) Major Subdivision. This type of subdivision involves the division of five (5) or more lots with new streets and related public improvements. A major subdivision requires a submission of a record plat for Planning Commission review and approval and recording by the County Recorder. Once recorded, future transfer of lots in the “platted subdivision” are referenced by lot numbers. Other requirements of a major subdivision include:
(1) A description of street, alleys, common areas/public grounds, and all in-lots, out-lots, and fractional lots.
(2) The plat must also show the courses, boundaries, and extent. (ORC 711.01) In-lots that are numbered sequentially with precise length and width measurements.
(3) The major subdivision plat must be superimposed on a survey of lands of the owners of the current parcels. It must show an accurate background drawing of any metes-andbounds descriptions of lands from which the plat is being drawn (ORC 7111.02(B).
(4) The major subdivision plat must show the location of all monumentation (e.g., cornerstones, markers, and pins) to identify lots and other survey control points.
(5) Major subdivisions must also adhere to established design standards (such as lay-out of lots, block length, cul-de-sac length, minimum street right-of-way, pavement width and sidewalk requirements) and engineering construction standards for the infrastructure improvements as stipulated by the Village.
(c) Large Lot Subdivision. The division of land into parcels of five (5) to twenty (20) acres along an existing public street, not involving the opening, widening, or extension of any street or road, and involving the establishment of any parcel that is not contrary to any applicable zoning, health, sanitary, or access management regulations. (ORC 711.133) No parcel shall be created which has less than seventy-five (75) feet of frontage on a public street or roadway and shall not exceed the maximum depth of three and one-half (3.5) times the width of the parcel.
(Ord. 13-24. Passed 6-15-24.)
1190.06 AMENDMENTS.
Council and the Planning Commission may, after public hearing, amend, supplement, or change these rules and regulations. Notice shall be given of the time and place of such public hearing by publication in at least one (1) newspaper of general circulation published in the Village thirty (30) days prior to holding such hearing. The amendment or amendments shall be on file in the office of the Planning Commission for public examination during such thirty (30) days.
(Ord. 13-24. Passed 6-15-24.)
1190.07 VALIDITY.
If any section, subsection, sentence, clause or phrase of these rules and regulations is for any reason held to be unconstitutional or void, such decisions shall not affect the validity of the remaining portions of these rules and regulations.
(Ord. 13-24. Passed 6-15-24.)
1190.08 DEFINITIONS.
For the purpose of these regulations, certain terms used herein are defined as follows:
(a) “Alley” means any public or private way which serves as rear or side access to properties abutting on other streets.
(b) “Building setback line” means a line generally parallel to a street or front lot line defining the limits of a front yard in which no structure may be placed above ground.
(c) “Village Engineer” mean the Village Engineer for the Village of Elmore, Ohio.
(d) “Construction Plans” means the specifications, maps or drawings accompanying a subdivision plat, which show the specific location and design of improvements to be installed in the subdivision in accordance with the requirements of the Planning Commission and the Village Engineer as a condition for the approval of the plat.
(e) “County Public Health Department” means the Ottawa County Public Health Department.
(f) “Cul-de-sac Street” means a short minor or dead-end street having one (1) end open to motor traffic, the other end terminating in a vehicular turnaround.
(g) “Dead-end street” means a street having only one (1) end open to motor traffic and not containing a vehicular turnaround.
(h) “Easement” means a grant by the property owner of the use of a strip of land for specified purposes by the public, a corporation, or certain individuals.
(i) “Final plat” means a map of a parcel of land on which the subdivider's plan for subdivision is presented to the Planning Commission for approval, and after approval, to the County Recorder for recording.
(j) “Flood plain” means that area of a natural drainage way which is subject to flooding.
(k) “Grade” means the slope of a road, street, or public way, specified in percentage (%) terms.
(l) “Lot” means a parcel of land intended as a unit for transfer of ownership and for building development, having its full frontage on a public street.
(m) “Major street or thoroughfare” means a street serving as a major traffic way for communication and so designated on the Village plan for major streets and thoroughfares.
(n) “Minor street” means a street intended to serve primarily as access to abutting properties.
(o) “Plat” means a map of a tract or parcel of land.
(p) “Preliminary plat” means a drawing showing the proposed layout of a subdivision which is submitted to the Planning Commission for its consideration and conditional approval.
(q) “Right of way” means the strip of land taken or dedicated for use as a public way, measured across at right angles from property line to property line. In addition to the roadway, it normally incorporates curbs, planting strips, sidewalks, lighting, and drainage facilities, and may include special features, required by topography or treatment, as grade separations, landscaped areas and bridges.
(r) “Secondary Street” means a street serving as a collector for minor streets.
(s) “Sidewalk” means that portion of the street right-of-way outside the vehicular roadway, which is improved for the use of pedestrian traffic.
(t) “Sketch plan” means a free-hand sketch made on a topographic survey map showing the layout of streets, lots, and other features of a proposed subdivision in relation to existing conditions.
(u) “Slope” the degree of deviation of a surface from the horizontal, usually expressed in percent or degrees. Steep slopes are those that are ten percent (10%) or greater.
(v) “Street” means a strip of public land for the accommodation of traffic, which normally provides vehicular and pedestrian access to adjacent property.
(w) “Subdivider” means any person, individual, firm, partnership, association, corporation, estate, trust or any other group or combination acting as a unit, dividing, or proposing to divide land for the purpose of development and/or sale so as to constitute a subdivision as herein defined.
(x) Subdivision.
(1) Division of a parcel. The division of any parcel of land shown as a unit or as contiguous units on the last preceding tax roll, into two (2) or more parcels, sites or lots, any one (1) of which is less than five (5) acres 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 (5) 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.
(2) Improvement of a parcel. The improvement of one (1) 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.
(y) “Topography” means the configuration of the surface, including its relief and the position of natural and constructed features. (Ord. 13-24. Passed 6-15-24.)
1192.01 GENERAL.
(a) A subdivision shall be approved by the Planning Commission before any contract for the sale of any part thereof, and before any permit for the erection of a structure in such proposed subdivision shall be granted. The subdividing owner or his authorized agent shall apply for the approval of such proposed subdivision in accordance with the following procedures which include basically two (2) steps:
(1) Preliminary plat.
(2) Final plat.
(b) Procedure for subdivision involving no more than five (5) lots is administered as set forth in Section 1192.08. (Ord. 13-24. Passed 6-15-24.)
1192.02 OPTIONAL PRE-APPLICATION REVIEW.
(a) Meeting with Planning Commission. Prior to the preparation of the preliminary plat, the subdivider should seek the assistance of the Planning Commission and/or their Village representative in order that he or she may become familiar with the subdivision requirements and with the development plans of the Village for major streets and open public grounds affecting the area in which the proposed subdivision is located.
(b) Sketch Plan. The subdivider has the option to present for discussion, with the Planning Commission, a rough sketch plan of the proposed subdivision and general data about location, facilities, and proposed use in order that the appropriateness of the proposed layout may be evaluated. (Ord. 13-24. Passed 6-15-24.)
1192.03 OPTIONAL PRE-APPLICATION REVIEW SUBMISSIONS.
(a) Sketch Plan. The sketch plan should be a free-hand sketch made directly on a print of the topographic survey of the proposed subdivision area. It should show the location of the proposed development (tract boundaries, township and north point); its relationship to the existing physical conditions, specifically the topography (wetlands, floodplains, slopes/grade), how the proposed development layout will be integrated to the existing and/or proposed new streets and the surrounding area; the number of proposed buildable lots; the planned site amenities and any other information pertinent for the review by the Planning Commission.
(b) Supplementary Written Information. Additionally, a written general description of the following shall also be provided: adjacent land uses, existing community facilities, the availability of utilities (electric, gas, phone, cable); water, sewer, drainage/stormwater; sidewalks and their connection to the Village’s sidewalk network, existing zoning of the site, and identification of easements and covenants. (Ord. 13-24. Passed 6-15-24.)
1192.04 PRELIMINARY PLAT.
(a) Purpose. The purpose of the preliminary plat is to show on a map all the facts which enables the Planning Commission to determine whether the proposed layout of the land is satisfactory from the standpoint of public health, Safety and the General Welfare of the Village; and that the proposed subdivided land can be used safely for building purposes without danger to health or peril from fire, flood or other menace.
(b) Professional Assistance. The preliminary plat shall be prepared by a licensed and registered professional engineer.
(c) Filing. The subdivider shall prepare and file a preliminary plat for approval with the Planning Commission, and as many copies as may be required by the Commission, according to the standards and other requirements of these rules and regulations. The preliminary plat shall be considered officially filed on the day accepted by the Planning Commission and shall be so dated. The preliminary plat shall then be examined by the Village Engineer on behalf of the Planning Commission.
Together with the preliminary plat, the subdivider shall submit an application on the proper form, a written statement describing existing conditions, a vicinity map and the appropriate fee.
(d) Approval. The Planning Commission shall forward copies of the preliminary plat to Council, the Ottawa County Public Health Department, the Village Engineer and other officials and agencies as may be properly interested for the purpose of study and recommendation. After receipt of the reports from such officials and agencies, the Planning Commission shall determine whether the preliminary plat shall be approved, approved with modifications or disapproved. Written notice of such action shall be supplied to the subdivider.
The Planning Commission shall act on the preliminary plat within forty-five (45) days after filing unless such time is extended by agreement with the subdivider or his agent.
When a preliminary plat has been approved by the Planning Commission, the chairman or secretary shall affix his signature to the preliminary plat and attach a notation thereto that the preliminary plat has received approval and return one (1) copy to the subdivider for compliance with final approval requirements. Approval of the preliminary plat by the Planning Commission shall not constitute approval of the final plat.
Approval of the preliminary plat shall confer upon the subdivider for twelve (12) months
from the date of approval, the guarantee that the general terms and conditions under which the approval was granted will not be affected by any changes and/or amendments to these rules and regulations. After twelve (12) months from the date of approval, such approval shall automatically expire, unless extended by formal action of the Planning Commission.
(Ord. 13-24. Passed 6-15-24.)
1192.05 PRELIMINARY PLAT SUBMISSIONS.
(a) Preliminary Plat.
(1) Form. The preliminary plat shall be clearly and legibly drawn on one (1) or more sheets measuring twenty-four (24) inches by thirty-six (36) inches. All subdivisions shall be drawn at a scale of one (1) inch equals 100 feet, unless otherwise required by the Planning Commission.
(2) Map contents.
A. Proposed name of the subdivision: The name shall not duplicate, be the same in spelling or alike in pronunciation with any other recorded subdivision.
B. Location: By section, range, and township.
C. Names and addresses of the subdivider, owner and professional responsible for the preparation of the preliminary plat as specified in Section 1192.04(b).
D. Scale, north point, date.
E. Boundaries of the proposed subdivision indicated by a heavy line and the approximate acreage, corporation lines, section, range, and township.
F. Existing and proposed rights of way: Location, widths, and names of streets; width and purpose of easements; railroad rights of way.
G. Adjacent property: Names of adjacent subdivisions, owners of record (as of the last preceding tax roll) of adjoining parcels of unsubdivided land.
H. Existing and proposed zoning, if any.
I. Contours: Existing contours with intervals of not more than five (5) feet where slope exceeds ten percent (10%) and not more than two (2) feet where slope is ten percent (10%) or less. Elevations are to be based on sea level datum, if available. Reference benchmark used shall be indicated, and proposed grading changes if natural contours are to be changed more than two (2) feet.
J. Existing utilities: Water mains, sanitary sewers, storm sewers, drainage channels, gas line, fire hydrants, power transmission poles and lines (including direction and flow where relevant).
K. Other significant features: Existing parks and open public grounds, permanent buildings, watercourses, flood plain, wooded areas, historic sites.
L. Proposed lot lines and lot numbers.
M. Proposed building setback lines with dimensions; when lots are located on a curve or when side lot lines are at angles other than ninety (90) degrees, the width at the building line shall be shown.
N. Proposed open space: Parcels of land intended to be reserved for public uses or to be reserved by covenant for residents inhabiting the subdivision.
O. Vicinity sketch: At a scale of one (1) inch equals 400 feet, showing proposed platted area with proposed street system in relation to adjacent properties and existing street system. Names of owners of adjacent properties shall be indicated on their properties.
(b) Supplementary Written Information.
(1) Land use. Statement of the proposed use of lots, stating type of residential buildings with number of proposed dwelling units; type of business or industry so as to reveal the effect of the development on traffic, fire hazards or congestion of population.
(2) Proposed covenants and restrictions.
(3) Water supply. Evidence of adequate source.
(4) Sanitary and storm sewage, flood control. Statement outlining methods to be used and provisions to be made for adequate accommodation.
(5) Zoning changes. Statement outlining any changes contemplated by the subdivider.
(c) Deed Description and Survey Map. A deed description and a survey map of the tract shall be made and certified by a licensed land surveyor.
(d) Application. A sample form of the application to be submitted may be found in the appendix to these rules and regulations.
(e) Sections and Profiles. After receiving notice of the approval of the preliminary plat and prior to the filing of the final plat, the subdivider shall present to the Planning Commission, typical sections and complete profiles of streets and other related improvements and utilities to be constructed in the proposed subdivision.
The Planning Commission shall, within five (5) working days after the filing of the above typical sections and complete profiles, transmit copies of same to the Village Engineer and to the Ottawa County Public Health Department for study and final recommendations.
The Planning Commission, after receiving a report from the aforementioned authorities, shall notify the subdivider of any recommended changes or suggestions so that the subdivider may prepare the final improvement plans and final plat.
(Ord. 13-24. Passed 6-15-24.)
1192.06 FINAL PLAT.
(a) General. The final plat shall incorporate all changes or modifications required by the Planning Commission, otherwise it shall conform to the preliminary plat. The final plat may constitute only that portion of the approved preliminary plat which the subdivider proposes to record and develop at one (1) time, provided that such portion conforms with all requirements of these rules and regulations.
(b) Professional Assistance. The final plat shall be prepared by a registered surveyor or licensed engineer.
(c) Filing. The subdivider shall prepare and file the final plat for approval with the Planning Commission, and as many copies as may be required by the Commission. The final plat shall be considered officially filed after it is examined by the Village Engineer and/or the County Engineer, if the proposed subdivision lies within his jurisdiction, and is found to be in full compliance with the formal provisions of these rules and regulations.
The final plat shall be filed at least ten (10) working days prior to the meeting at which it is to be considered. The final plat shall be filed not later than twelve (12) months after the date of approval of the preliminary plat, otherwise it shall be considered void unless extended by formal action of the Planning Commission.
Together with the final plat, the subdivider shall submit a written statement on proposed use of the subdivided property, cross-sections and profiles of streets and construction drawings and the required certificates.
(d) Approval. The Planning Commission shall take action on the final plat within forty-five (45) days after the same has been officially filed; otherwise, the plat shall be deemed to have been approved. The certificate of the Planning Commission as to the date of submission of the plat for approval and the failure to act within such time shall be sufficient in lieu of the written endorsement or evidence of approval herein required. If disapproved, the grounds for disapproval of the final plat shall be stated on the record of the Planning Commission including the reference to the regulation violated by the plat, and a copy of such record of the Commission shall be forwarded to the subdivider. The subdivider shall make the necessary corrections and resubmit the final plat within thirty (30) days to the Commission for its approval.
The subdivider shall be given written notice of the final approval of the plat by the Planning Commission. The subdivider shall then present the plat to Council for approval.
Approval of the final plat by the Planning Commission shall not constitute acceptance by the Village of the dedication of any public street or open public grounds shown upon the final plat. (ORC 711.041) The Village Engineer, upon written request by the owner of the land upon which the street has been constructed, shall check the construction and if the Engineer finds that such street has been constructed in accordance with the specifications set forth on the approved plat, and that such street is in good repair, then such finding, endorsed on the approved plat, shall constitute an acceptance of the street for public use by the Village. (ORC 711.091)
(e) Recording. The subdivider shall record the final plat in the office of the Recorder of Ottawa County within sixty (60) days after the date of final approval, otherwise the final plat shall be considered void.
The subdivider shall, immediately upon recording, file with the Village Engineer a reproducible copy of the final plat and all plans and profiles.
No changes, erasures, modifications or revisions other than those requested by the Village Engineer, or the Ottawa County Public Health Department, or to correct metes and bounds, shall be made on the final plat after final approval has been given by the Planning Commission and the final plat has been recorded in the office of the County Recorder, unless such plat has first been resubmitted to the Planning Commission and such change, erasure, modification or revision has been first approved by the Planning Commission. Any final plat so changed without first being submitted to the Planning Commission and reapproved shall institute proceedings to have the plat stricken from the records of the County Recorder.
Upon recording, the final plat shall thereupon be a sufficient conveyance to vest in the Village the fee of the parcel of land designated or intended for streets, alleys, ways, commons or other public uses, to be held in the corporate name in trust for the uses and purposes set forth in the instrument. (Ord. 13-24. Passed 6-15-24.)
1192.07 FINAL PLAT SUBMISSIONS.
(a) Final Plat.
(1) Form. The final plat shall be clearly and legibly drawn in India Ink on tracing cloth or other reproducible material of equal permanence. The map shall be on one (1) or more sheets twenty-four (24) inches by thirty-six (36) inches. The scale shall be one (1) inch equals 100 feet.
(2) Map contents.
A. Identification: Name of the subdivision; location by section, range, and township; date, north point, graphic and fractional scale.
B. Plat boundaries: With length of courses in feet and hundredths, bearings to not more than half minutes.
C. Bearings and distances: To the nearest established street lines or other recognized permanent monuments, which shall be accurately described on the plat.
D. Curvilinear street measurements: The radii, arcs, chords and chord bearings, points of tangency and central angles; and radii for rounded corners.
E. Lot lines and numbers: With accurate dimensions in feet and hundredths, and with bearings. The basis of bearings shall be stated on the plat.
F. Monuments: Accurate location.
G. Lines of streets and alleys: With their width and names plus building setback lines; also, for adjoining streets and alleys.
H. Adjoining land: Unplatted - names of record owners; subdivision plats - record name, date, number.
I. Utility easements: All easements and rights of way provided for public services or utilities, and any limitations of such rights of way or easements.
J. Areas for public use: Accurate outlines of any areas to be dedicated or temporarily reserved for public use with the purpose indicated thereon.
K. Names and addresses: Of the subdivider and registered engineer or surveyor who prepared the final plat.
L. Covenants and restrictions: A list of all covenants and restrictions, if any, the developer intends to include in the deeds to the lots in the subdivision.
M. Certification by the registered surveyor: To the effect that the plan represents a survey made by him and that all monuments shown thereon actually exist and that their location is correctly shown. A sample form of the certificate to be submitted may be found in the appendix to these rules and regulations.
N. A dedication and acknowledgement by the owner or owners: of his or their adoption of the plat; and dedication of streets and other public areas. A sample form of the dedication and acknowledgement may be found in the appendix to these rules and regulations.
O. Certification by a notary public: To notarize the dedication and acknowledgement of the owner or owners. A sample form of the certificate form submitted may be found in the appendix to these rules and regulations.
P. The proper form for signatures of approval: To be signed and dated by those authorities the Planning Commission has required to process the plat.
(b) Supplementary Written Information.
(1) Land use. The subdivider shall submit a statement of the proposed use of lots, stating type of residential buildings with number of proposed dwelling units; type of business or industry, so that the effect of the development on traffic, fire hazards or congestion of population can be determined; source of water supply, provisions for sewage disposal, drainage and flood control.
(2) Certificate from the Village Engineer. A certificate by the Village Engineer shall be submitted certifying that the subdivider has complied with one (1) of the following alternatives:
A. That the improvements have been completed to the satisfaction of the Village Engineer according to standards; or
B. That a performance bond has been posted in a sufficient amount to assure completion of all required improvements.
(3) Certificate from public utility companies. Certificates shall be submitted that the public utility companies will make the necessary service installations, where required by the Planning Commission.
(4) Statements granting easements. Statements by the owner granting the necessary easements or other releases for the installation of required public utilities with the approval of the utility companies shall be submitted.
(5) Certificate from the Ottawa County Public Health Department. The certificate shall approve the proposed water supply and sewage disposal systems for all plats upon which dwellings for five (5) or more families are proposed to be constructed.
(6) Certificate of zoning change. If a zoning change is involved, certification from the Village Zoning Administrator shall be required indicating that the change has been approved and is in effect.
(7) Certificate from the County Treasurer's office. A certificate by the County Treasurer's office shall be submitted certifying that all legally due taxes have been paid.
(c) Sections and Profiles. The subdivider shall submit together with the final plat, sections and profiles of streets and utilities.
Street sections and profiles shall show: width of roadways, type and depth of surfacing and sub-base, location, size and type of curbs, locations and width of sidewalks, location and size of utility mains, and grading plans showing present and proposed contours at two (2) foot intervals.
Utility sections and profiles shall show: exact location, size, type and invert elevations of existing and required facilities, including profiles of all utility lines at points of interference.
(Ord. 13-24. Passed 6-15-24.)
1192.08 APPROVAL WITHOUT PLAT.
The proposed division of a parcel of land along an existing public street, not involving the opening, widening or extension of any street or road, and involving no more than five (5) lots after the original tract has been completely subdivided, may be submitted, together with a rough sketch and such other information as is pertinent to its determination herewith, to the Village Engineer on behalf of the Village Planning Commission for review. If the Village Engineer determines that such proposed division is not contrary to applicable platting, subdividing or zoning regulations, it shall within seven (7) working days after submission, approve such proposed division, and, on presentation of a conveyance of such parcel, shall stamp the same, "Approved by the Elmore Planning Commission, No Plat Required" and have it signed by Village Engineer and the appropriate transfer may then be recorded.
However, if the owner of the property does not agree with any of the requirements specified by the Village Engineer, he or she may then appeal to the Planning Commission for approval for recording and such approval must be obtained before the transfer can be recorded.
No preliminary or final plat other than the rough sketch of the division shall be required and none of the improvements described in Chapter 1194 shall be required for the transfer.
(Ord. 13-24. Passed 6-15-24.)
1194.01 GENERAL.
A subdivision shall be self-contained and shall not encroach on or interfere with the normal development of contiguous properties. These standards shall be considered minimum standards and may be varied from, or waived, only as provided in Chapter 1198.
(Ord. 13-24. Passed 6-15-24.)
1194.02 STREETS.
(a) Conformance with Village and County Street Plans. The arrangement, character, extent, width and location of major, secondary and minor streets shall conform with the Major Thoroughfare Plan for Elmore and with the Official Highway Plan for Ottawa County, Ohio, if any, and with the provisions of these rules and regulations. Streets not contained in the Official Highway Plan or the Major Thoroughfare Plan shall conform to the requirements of the Planning Commission based on existing and planned streets, topography, public safety and convenience, and proposed uses of land.
(b) Design and Arrangement.
(1) Access to public right of way. Every subdivision shall have access to a public right of way.
(2) Continuation of existing streets. The arrangement of streets in a new subdivision shall make provision for the continuation of principal existing streets in the adjoining area, unless prevented by topography or other physical conditions, or unless in the opinion of the Planning Commission and the Village Engineer the extension is not necessary or desirable, in which case a cul-de-sac street shall be constructed.
(3) Vacation. The vacation of any street or part of a street dedicated for public use shall not be recommended by the Planning Commission if such vacation interferes with the uniformity of the existing street pattern or with any future street plans for an area.
(4) Angle of intersection. The angle of intersection between minor streets and major streets shall not vary by more than ten (10) degrees from a right angle. All other streets should intersect each other as near to a right angle as possible, and no intersection of streets at angles of less than seventy (70) degrees shall be permitted.
(5) Residential streets. Residential streets shall be designed to discourage through traffic which may otherwise use secondary or major highways, and whose origin and destination are not within the subdivision. Residential streets extending for considerable distance, parallel to any secondary or major street, should be avoided.
(6) Private streets. Private streets shall not be approved nor shall public improvements be approved for any existing private streets.
(7) Cul-de-sac. Each cul-de-sac shall be provided with a turnaround. The maximum length for a cul-de-sac shall be 800 feet. Dimensions of the cul-de-sac turnaround shall be as provided in subsection (d)(4) hereof.
(8) Dead-end streets. Dead-end streets, designated to be so permanently, shall not be permitted. Temporary dead-end streets shall include proper temporary turnarounds as determined necessary by the Planning Commission.
(9) Reserve strips. A reserve strip between a property line and the right-of-way line of a street shall be permitted as determined necessary by the Planning Commission.
(c) Alignment.
(1) Vertical. No street grade shall be less than one-half of one percent (0.5%) and shall not exceed the following, with allowances for reasonable vertical curves:
Major | Secondary | Minor | Dead-end (shorter than 500 feet) | |
Percent | 5 | 6 | 8 | 10 |
For major thoroughfares, profile grades shall be connected by vertical curves of a minimum length equivalent to twenty (20) times the algebraic difference between the rates of grade, expressed in feet per hundred; for secondary and minor streets and dead-ends, fifteen (15) times.
(2) Horizontal. The minimum radii of centerline curvature for streets shall be as follows:
Major | Secondary | Minor | Dead-end (shorter than 500 feet) | |
Degrees | 12 | 19 | 28 | 58 |
Length (feet) | 475 | 300 | 200 | 100 |
A minimum fifty (50) foot tangent shall be introduced between reverse curves.
(3) Visibility requirements. The minimum vertical visibility (measured four and one-half (4.5) feet eye level to tail light eighteen (18) inches above ground level) shall be:
Major | Secondary | Minor | Dead-end (shorter than 500 feet) | |
Feet | 500 | 300 | 200 | 100 |
The minimum horizontal visibility, measured on the centerline, shall be:
Major | Secondary | Minor | Dead-end (shorter than 500 feet) | |
Feet | 500 | 300 | 100 | 100 |
Visibility at all street corners shall extend unobstructed for twenty (20) feet. The area shall be kept clear of all structures and vegetation exceeding a height of two and one-half (2.5) feet above the curb line. The curb radius at all street corners shall be twenty-five (25) feet.
(d) Street Width.
(1) Right of way and pavement. The widths of right of way and pavement for street shall be:
Major | Secondary | Minor | Dead-end (shorter than 500 feet) | |
R.O.W. (feet) | 0 | 70 | 60 | 60 |
Pavement (feet) | 0 | 36 | 28 | 28 |
* See the Major Thoroughfare Plan for Elmore and the Official Highway Plan for Ottawa County.
(2) Half-streets. Dedication of half-streets shall not be permitted. Where a dedicated or platted half-street or alley exists adjacent to the tract being subdivided, the other half shall be platted, if deemed necessary by the Planning Commission.
(3) Alley. Alleys shall not be permitted in residential areas unless required by the Planning Commission. In commercial and industrial areas, alleys shall be required if no other provisions are made for adequate service access, such as off-street parking and loading. The right-of-way width of such alleys shall be not less than twenty (20) feet, and the pavement width shall be sixteen (16) feet. Dead-end alleys shall not be permitted.
(4) Cul-de-sac. Each cul-de-sac street shall be provided with a turnaround having a minimum right-of-way radius of fifty-five (55) feet. The outside of the road surface within the turnaround right of way shall have a minimum radius of forty (40) feet. The maximum length for a cul-de-sac shall be 800 feet.
(5) Easements. Easements of at least five (5) feet in width shall be provided on each side of all rear lot lines and alongside lot lines, where necessary, for poles, wires, conduits and gas mains. Additional width may be required for necessary access to the utility involved. Easements may also be required along or across lots where engineering design or special conditions may necessitate installation of water and sewer lines outside public rights of way. A five (5) foot easement shall be required on one side of an alley to accommodate pole lines. For lots facing on curvilinear streets, the rear easement shall consist of straight lines with a minimum number of points of deflection.
Ten (10) foot wide easements shall also be provided adjacent to, and outside of the street right-of-way lines.
(e) Street Names. Names of streets shall be avenue, street, lane, drive or court; but not
road. All street names shall meet with the approval of the Planning Commission and shall be substantially different in order not to be confused in sound or spelling with existing street names in the Village, or adjacent areas, except that streets which join or align with streets of an abutting subdivision or area shall bear the same name.
(f) Sidewalks. The design standards for sidewalks may be found in Section 1196.03. (Ord. 13-24. Passed 6-15-24.)
1194.03 BLOCKS.
(a) Length. No block shall be longer than 1,200 feet nor less than 500 feet, except in unusual circumstances when considered advisable by the Planning Commission. Where a subdivision adjoins a major thoroughfare, the greater dimension of the block shall front along such major highway to minimize the number of points of ingress or egress.
(b) Arrangement of Lots. Blocks shall be arranged so as to provide two (2) rows or tiers of lots.
(c) Crosswalks. Where blocks are over 750 feet in length, a crosswalk easement not less than ten (10) feet in width may be required, if determined necessary by the Planning Commission, to provide proper access to schools, playgrounds, shopping centers and other facilities. (Ord. 13-24. Passed 6-15-24.)
1194.04 LOTS.
(a) Arrangement. The lot arrangement and design shall be such that all lots will provide
satisfactory and desirable building sites, properly related to topography and the character of surrounding development.
(b) Frontage.
(1) On public streets. All lots shall abut by their full frontage on a publicly dedicated street.
(2) Minimum frontage. The minimum frontage of a lot shall be sixty (60) feet and excessive depth in relation to width shall be avoided. Maximum depth of parcels shall not be more than three and one-half (3.5) times the width.
(3) Double frontage. Lots fronting on two (2) streets other than corner lots shall be discouraged.
(4) Corner lots. Corner lots shall have a minimum frontage of seventy-five (75) feet measured at the building line in order to permit adequate setbacks.
(c) Side Lot Lines. Side lot lines shall be at right angles to street lines or radial to curved street lines and shall be straight, except where variation because of topography or other circumstances will provide a better subdivision layout.
(d) Corner Lot Radius. All corner lots, whether at the intersection of the rights of way of two (2) streets or of an alley and a street, shall have a curve with a minimum radius of twenty (20) feet joining the two (2) sidelines of such rights of way.
(e) Setback Line.
(1) On secondary and minor streets. The minimum setback line shall be thirty-five (35) feet measured from the property line and shall be required in all subdivisions unless larger setbacks are required by zoning ordinances, plat restrictions or other existing covenants or laws.
(2) On major thoroughfares. The minimum setback line shall be thirty-five (35) feet on all major thoroughfares.
(Ord. 13-24. Passed 6-15-24.)
1194.05 COMMERCIAL OR INDUSTRIAL SITES.
These subdivision regulations may be modified by the Planning Commission for subdivisions that are proposed for commercial or industrial use. Such modifications shall be made and required by the Planning Commission as will assure lot sizes and shapes, landscaping or buffering, signage, lighting, street standards and arrangements, and off-street parking and loading areas that are carefully designed to serve the industrial or commercial land uses which are proposed or permitted. (Ord. 13-24. Passed 6-15-24.)
1194.06 LARGE-SCALE DEVELOPMENTS.
Large-scale developments, planned business parks, planned unit developments, multi-use and variable density or cluster developments not otherwise anticipated by these rules and regulations, shall be submitted to the Planning Commission for consideration. The Planning Commission shall review such developments to ensure the adequacy of public open spaces and improvements, traffic circulation, recreation, education, light, air and the overall needs of the tract when fully developed and populated. The Planning Commission shall ascertain that the proposed project will constitute a desirable and stable development; that it will be in harmony with development in adjoining areas; and that such covenants, restrictions, financial guarantees and other legal assurances to guarantee the plan will be followed and fully achieved.
(Ord. 13-24. Passed 6-15-24.)
1194.07 PUBLIC SITES AND OPEN SPACES.
(a) Procedure for Allocating Open Space. The allocation of areas for parks, playgrounds, school sites and other public open spaces shall be by one (1) of the following methods:
(1) Dedication to the Village;
(2) Reservation of land for use of property owners by deed or covenants.
(b) Conformance with the Village Open Space Plan. Conformance with the Village plan for parks and other open public grounds shall be required where a designated site shown on the Village plan is located in whole or in part within a proposed subdivision. The Planning Commission may request the subdivider to dedicate or reserve such area which lies within the subdivision, provided that the amount of land to be dedicated for park purposes shall not exceed ten percent (10%) of the total area of the subdivision.
(c) Large-scale Developments. For large-scale developments, the Planning Commission may request the subdivider to dedicate or reserve sites for playgrounds and parks whose character, extent and location will be suitable to the needs created by such development, whether or not such sites are shown on the Village open space plan. Such areas shall be in the judgment of the Planning Commission, of reasonable size for the particular use. In general, the subdivider shall be required to set aside ten percent (10%) of the gross area of the subdivision for this purpose.
(d) Money Payments. In lieu of a provision of land for parks and playgrounds, particularly where such public land will be too small for use, the Planning Commission may request payment of money to the Village. This payment must be not more than ten percent (10%) of the market value of the entire tract prior to subdivision and cannot be used by the Village except to create, improve, expand or maintain public recreational uses serving the neighborhood created by or including the subdivision.
(e) Surface Water Areas.
(1) Easement along streams. Whenever any stream or important surface drainage course is located within the area being subdivided, the subdivider shall provide a permanent easement dedicated to the proper authority for the purpose of widening, deepening, relocating, improving or protecting the stream for drainage or public use.
(2) Flooding and poor drainage. The right is reserved to disapprove any subdivision which is subject to periodic flooding, or which contains extremely poor drainage facilities. However, if the subdivider agrees to make such improvements as will make the subdivision completely safe for residential occupancy, the subdivision may be approved, subject, however, to the approval of the Planning Commission, and the Village Engineer.
(f) Preservation of Outstanding Features. The preservation of outstanding features such as scenic spots, historic sites, watercourses, or exceptionally fine groves of trees shall be shown due regard. Dedication to and acceptance by a public agency is usually the best means of assuring their preservation. (Ord. 13-24. Passed 6-15-24.)
1194.08 VARIANCES.
Where topography and other physical conditions make full compliance with the subdivision design standards of this chapter an undue hardship upon the owner, the Planning Commission may refer the problem of compliance to the Village Engineer for recommendations as to possible variances. (Ord. 13-24. Passed 6-15-24.)
1196.01 GENERAL.
Prior to the granting of final approval, the subdivider shall have installed or shall have furnished adequate financial guarantee for the ultimate installation of the improvements listed and described in this chapter. All of the required improvements and related construction activities and services such as material testing shall be made in full compliance with the specifications for each of the various units of work, as required by the Village Engineer according to the nature of the improvements. The developer shall submit a schedule of all construction necessary for the improvements. All such construction costs and expenses for related construction activities and services shall be borne by the subdivider. No required work shall be backfilled or completed until inspected by the Village Engineer or the Village’s authorized representative.
(Ord. 13-24. Passed 6-15-24.)
1196.02 STREET IMPROVEMENTS.
(a) Grading. All streets and thoroughfares shall be graded to their full width, including side slopes.
(b) Paving. All streets shall be paved with bituminous asphalt concrete or Portland cement.
(c) Subgrade. The subgrade shall be free of sod, vegetation matter or other similar material. Where poor subsurface drainage conditions exist, adequate drainage shall be installed. The subgrade shall be properly compacted or stabilized based on a geotechnical engineer’s recommendation for existing soil conditions. Sub-grade elevation tolerance shall be not more than one- quarter (1/4) inch in twenty-five (25) feet. Subgrade construction shall be subject to the approval of the Village Engineer.
(d) Base Course. The thickness, type of materials and method of constructing the base course will vary, depending upon the amount of anticipated traffic and existing sub-grade soil conditions. The minimum base course shall be constructed of not less than two (2) equal thickness courses of ODOT 304 crushed limestone aggregate compacted in place, and the thickness of the base course after compaction shall be not less than eight (8) inches. A greater thickness may be required, depending upon the type of material used, the subsoil and subsurface drainage conditions and other pertinent factors. All materials and construction procedure shall be subject to the approval of the Village Engineer.
(e) Intermediate Course. The intermediate course shall be a minimum two and on-half (2.5) inch asphaltic surface to be constructed in conformance with the requirements of the Village Engineer.
(f) Surface Course. The surface course shall be a minimum one and one-half (1.5) inches asphaltic surface to be constructed in conformance with the requirements of the Village Engineer.
(g) Curbs and Gutters.
(1) All streets shall have Portland cement concrete six (6) inches straight curb with integral gutter plate constructed in conformance with Village standard construction details.
(2) Drop curbs shall be provided at all driveway locations by separate Village permitting in conformance with Village standard construction details.
(Ord. 13-24. Passed 6-15-24.)
1196.03 SIDEWALKS.
Sidewalks shall be required in all subdivisions along dedicated streets to provide for the safety of pedestrians in walking to schools, shopping areas, places of employment, parks, churches, or other similar destinations and/or for connectivity to the Village’s sidewalk network. Sidewalks shall be placed in the street right of way one (1) foot inside from the right-of-way line and shall have a minimum width of four (4) feet or five (5) feet as determined applicable by the Planning Commission, and a minimum thickness of four (4) inches with a four (4) inch compacted aggrege base. Sidewalks shall be installed along both sides of streets. Sidewalks shall be of Portland Cement concrete and be constructed in conformance with the specifications of the Village. (Ord. 13-24. Passed 6-15-24.)
1196.04 STREET FURNISHINGS.
(a) Street Name Signs. Street name signs shall be provided erected by the subdivider of a type to be approved by the Village at all street intersections prior to acceptance of the constructed streets.
(b) Traffic Control Signs. Traffic control signs shall be provided and be erected by the subdivider as directed by the Village. These signs types shall include, but may not be limited to stop signs, speed limit signs, pedestrian crossing signs, no parking signs, etc.
(c) Street Lights. Street lights shall be provided and be installed by the subdivider of a type and of such spacing as to be approved by the Village.
(d) Street Trees. Street trees shall be provided by the subdivider and placed within the tree lawns of the street right of way and shall be of such species and planted with such spacing as shall be approved by the Village Administrator/Tree Commission. Planting shall be in such a manner as not to impair visibility at any street intersection.
(Ord. 13-24. Passed 6-15-24.)
1196.05 DRAINAGE.
(a) Drainage Plan. A drainage plan shall be submitted as part of the construction plans for any subdivision and show the proposed scheme of surface drainage. All surface water shall drain across individual lots to the public street without traversing adjacent property. Such storm drainage facilities shall include all storm sewers, gutters, culverts, inlet basins/yard drains, manholes, drainage pipe and grading of slopes, swales, and ditches necessary to eliminate the collection of surface and roof water along streets, intersections, or low areas in the lots of lands within the subdivision. The storm drainage plan shall also provide for the adequate disposal of sub-surface and surface water and maintenance of natural drainage courses. All Storm drainage facilities within the subdivision shall connect to an adequate drainage course or acceptable Village storm sewer.
(b) Storm Drainage. A drainage system, Storm Water Management Plan, and Erosion and Sediment Control Plan, shall be provided to adequately serve the needs of the proposed new streets and the entire subdivision. Where an adequate public storm sewer main is available at the plat boundary, the subdivider shall construct a storm sewer system and connect it to the public storm sewer main. If such storm sewer systems are not accessible, adequate storm water drainage shall be provided by natural drainage channels with easements of adequate width as determined by the Village Engineer.
(c) Culverts and Bridges.
(1) Where required. When natural drainage channels intersect any street right of way, it shall be the responsibility of the subdivider to have satisfactory bridges and culverts designed and constructed. Planning Commission may, at its discretion, require the subdivider to relocate and/or enclose natural drainage channels.
(2) Culverts in streets. All culverts shall extend across the entire right-of-way width of the proposed road. The cover over the culvert and its capacity shall be determined by the subdivider’s consulting engineer and approved by the Village Engineer. The minimum diameter of a culvert pipe shall be eighteen (18) inches. Head walls may be required depending on existing drainage conditions.
(3) Driveway culverts. Driveway culverts shall have a minimum length of twenty (20) feet. The diameter of driveway culverts shall be subject to the determination of the subdivider’s consulting engineer and as approved by the Village Engineer. The driveway culverts shall be laid so as to maintain the flow line of the ditch or gutter. Head walls may be required. The use of driveway culverts shall be at the discretion of the Planning Commission. (Ord. 13-24. Passed 6-15-24.)
1196.06 WATER SUPPLY.
(a) Public Water Supply. Where public water supply is available as determined by the Planning Commission, the subdivider or developer shall construct a system of water mains to the specifications of the Village and connect with such public water supply and provide a lateral connection for each lot. Lateral connections to each lot shall extend ten (10) feet beyond the street right-of-way. Water mains shall be constructed under street pavement, sidewalks, or within front yard easements. (Ord. 13-24. Passed 6-15-24.)
1196.07 SANITARY SEWAGE.
(a) Public Sanitary Sewers. If a subdivision can be reasonably served by the extension of an existing public sanitary sewer, as determined by the Planning Commission, the subdivider or developer shall provide a system of sanitary sewer mains and shall provide lateral connections for each lot. Whenever main lines are installed, sewer and water shall be extended to property lines. Sewer taps for individual lots shall be extended to a point ten (10) feet beyond the street right-of-way. Manholes shall be placed in the sanitary sewers at a maximum distance of 400 feet between manholes. Sanitary sewers shall be constructed under street pavement, under sidewalks, or within front yard easements. Connections to public sanitary sewer lines shall be subject to the approval of and according to the specifications of the Ottawa County Public Health Department.
(b) Individual Sewage Disposal. When permitted by the Planning Commission, to continue in a grandfathered situation, such sewage disposal systems shall meet all applicable requirements, rules and regulations of the State of Ohio, the Ottawa County Soil and Water Conservation District and the Ottawa County Public Health Department.
(Ord. 13-24. Passed 6-15-24.)
1196.08 MONUMENTS.
(a) Location. Permanent monuments shall be accurately set and established at the intersections of all outside boundary lines of the plat; at intersections of those boundary lines with all street lines at diagonally opposite corners of each street intersection; at the beginning and end of all curves; at points on curves where the radius or direction changes; and at such other points as are necessary to establish definitely all lines of the plat, except those outlining individual lots. In general, permanent monuments shall be placed at all critical points necessary to correctly lay out any lot in the subdivision.
(b) Construction. All markers shall be in compliance with Ohio R.C. 711.03.
(Ord. 13-24. Passed 6-15-24.)
1196.09 TOPOGRAPHY, NATURAL HABITATS AND FLOODING.
(a) Natural amenities (including scenic views, mature trees, creeks, riparian corridors, rock outcrops, and similar features) shall be preserved and incorporated into proposed development to the greatest extent feasible.
(b) The natural topography shall be retained whenever possible in order to reduce excessive run-off onto adjoining property and to avoid extensive regrading of the site. To the extent feasible, the existing topsoil on the site shall be preserved and/or reused.
(c) Floor elevations of all buildings shall be carefully studied in relation to existing topography, proposed street grades, existing trees and other pertinent site features.
(d) The subdivision shall be designed to minimize development in any floodplain or floodway as identified by FEMA. The platting of lots for residential occupancy in a 100-year floodplain shall be discouraged unless the subdivider can document that any habitable structure shall be located outside the 100–year floodplain.
(Ord. 13-24. Passed 6-15-24.)
1196.10 SOIL AND SEDIMENTATION PLAN
No earth disturbing activity shall commence until a Soil and Sedimentation Plan is approved for the site by the Village Engineer. The Soil and Sedimentation Plan shall adhere to the provisions of Chapter 921.02 - Storm Water Management and Erosion and Sediment Control and applicable Ohio EPA, ODNR and Ottawa County Soil and Water Conservation District regulations. (Ord. 13-24. Passed 6-15-24.)
1196.11 UTILITIES.
All public and common electric, gas, cable, telephone lines and other utilities shall be located underground in all residential subdivisions and shall be placed in their own easement, shown on the final or record plat. These underground utility requirements shall also apply to any lines required to serve the new development that extend outside the boundary of the development. The conduits or cables shall be located within easements or public rights-of-way in separate trenches, in a manner which will not conflict with other underground services.
(Ord. 13-24. Passed 6-15-24.)
1196.12 IMPROVEMENTS BOND.
(a) When Required. No final plat shall be approved unless:
(1) The improvements listed in this chapter have been satisfactorily completed prior to such approval; or
(2) The subdivider files with Council a performance guarantee in the form of a surety bond, or an irrevocable letter of credit or an escrow account in the amount and character of which shall be approved by the Village, guaranteeing to the Village that such improvements will be constructed and completed in a satisfactory manner and within a period of time specified by the Village, but such period shall not exceed two (2) years. Such bond, letter of credit or escrow account shall be approved by the Village fiscal officer and shall be made payable to, and enforceable by, the Village of Elmore.
(b) Bond Release after Improvements Completed. Upon satisfactory completion of the improvements and approval of the same in writing by the Village Engineer, and with the presentation of letters of certification of payment in full of all contractors, subcontractors, suppliers of materials, engineers, surveyors and all inspection fees or other fees incurred by the installation of the improvements by the subdivider, the bonds, irrevocable letter of credit or escrow account may be released and so acknowledged in writing by the Village fiscal officer. (Ord. 13-24. Passed 6-15-24.)
1196.13 INSURANCE.
The subdivider shall agree to indemnify and hold harmless the Village of Elmore against and from any and all loss, cost, damage, liability, and expense on account of damage to property of, or injury to or death of, the parties or a third person caused by or in any way whatsoever attributable to the construction of the improvements and the use of streets delineated on a subdivision plat/plan or a development plan during construction. The subdivider shall further agree, but without limiting its liability to indemnify the Village of Elmore, to carry liability insurance contracts in an amount determined by the Village for injury to or death of persons, and for damage to or destruction of property, which insurance contracts shall include the Village of Elmore as a named insured. The subdivider shall further agree to maintain on file with the Village during the period of such construction, certificates, or memoranda of insurance evidencing that such insurance contracts are in force.
(Ord. 13-24. Passed 6-15-24.)
1196.14 PRIVATE MAINTENANCE OF IMPROVEMENTS.
Where the subdivision contains storm water detention/retention systems, bioswales, rain gardens, park areas, multi-purpose trails, street trees or other physical facilities that meet applicable EPA/ODNR and Village requirements and that are necessary or desirable for the public health, safety and welfare of the area and which are of common use or benefit and which are of such character that the Village or other public agency does not desire to maintain them, then provisions shall be made by trust agreements, which are a part of the deed restrictions and which are acceptable to the Planning Commission for the proper and continuous maintenance and supervision of such facilities by the lot owners in the subdivision.
(Ord. 13-24. Passed 6-15-24.)
1196.15 VARIANCES.
Where topography or other physical conditions make full compliance with the minimum required improvements of this chapter and undue hardship upon the owner, the Planning Commission may refer the problem of compliance to the Village Engineer for recommendations as to permissible variances. (Ord. 13-24. Passed 6-15-24.)
1198.01 REQUESTS FOR EXCEPTIONS TO REGULATIONS.
(a) Requests by the subdivider for variations, modifications, waivers, or time extensions in connection with the provisions of these rules and regulations shall be presented in writing to the Planning Commission and shall contain the following information:
(1) Shall explain the request in detail, making reference to the specific provisions of these rules and regulations which are concerned;
(2) Shall state the interpretation, change or permission desired; and
(3) Shall present the specific reasons for such request.
(b) The Planning Commission within thirty (30) days following the date of such request shall reply in writing to the subdivider, granting either approval or disapproval of such request, and in the case of disapproval shall state the reasons therefor.
(Ord. 13-24. Passed 6-15-24.)
1198.02 TIME EXTENSIONS.
(a) Preliminary Approval of Plat. The twelve (12) month period following the date of preliminary approval of the preliminary plat during which time the final plat is to be filed, may be extended by the Planning Commission upon the proper application by the subdivider, provided the proposed subdivision fully conforms to the Zoning Ordinance in effect at the time such extension is applied for.
Such extension shall be granted for a three (3) month period and may be renewed at the discretion of the Planning Commission.
(b) Construction of Improvements. The twelve (12) month period following the date of approval of the final plat during which time required improvements are to be completed, may be extended by the Planning Commission upon proper application by the subdivider, provided he/she can show reasonable cause for inability to complete the improvements within the required time. Such extension shall not exceed six (6) months at the end of which time the Village will use as much of the bond, irrevocable letter of credit, or escrow account on deposit to construct the improvements as may be necessary. The same shall apply whenever construction of improvements is not performed in accordance with the applicable standards and specifications included in these rules and regulations. (Ord. 13-24. Passed 6-15-24.)
1198.03 VARIANCES AND EXCEPTIONS.
(a) Hardship. These rules and regulations may be varied or modified whenever unusual conditions occur or the strict application of these requirements would result in real difficulties, substantial hardship, or real injustice, but at the same time, the public health, safety, general welfare, and the interest of the Village and the general intent of these rules and regulations shall be enforced.
(b) Large-scale Development. A variance or modification may also be granted whenever a plat is for a complete community or neighborhood, but any such variance will insure that adequate public spaces, circulation, recreation, light and air will be provided and the needs of the entire community when completely developed and occupied will be fully met.
(Ord. 13-24. Passed 6-15-24.)
1198.04 WAIVERS.
The Planning Commission may waive, subject to appropriate conditions and guarantees, for such period of time as it may determine, the requirements of these rules and regulations relative to the provision and design of any or all such public improvements which in its judgment of the circumstances of a particular plat or plats are not requisite to the interests of the public health, safety and general welfare of the Village; or are not appropriate because of inadequacy or lack of connection facilities adjacent or in the proximity of the proposed subdivision.
(Ord. 13-24. Passed 6-15-24.)
1198.05 PUBLIC HEARING PRIOR TO PRELIMINARY PLAT.
The Planning Commission, may, prior to acting on a preliminary plat of a subdivision, hold a hearing thereon at its next scheduled meeting. Such hearing must take place within forty-five (45) days of the preliminary plat application.
(Ord. 13-24. Passed 6-15-24.)
1198.06 TERMINATION OF APPROVAL OF FINAL PLAT.
(a) Expiration. Approval by the Planning Commission of a final plat shall automatically expire after ninety (90) days following the date of such approval, unless the subdivider within this period shall have filed such plat with the County Recorder and the County Recorder shall have duly notified the Planning Commission of the filing.
(b) Revocation. If within twelve (12) months following the date of filing of an approved final plat with the County Recorder, no construction of improvements has begun, or no performance bond in lieu of construction has been posted by the subdivider as provided in these rules and regulations, then the Planning Commission is empowered to revoke its approval of such final plat.
(c) Reapplication. Formal action by the Planning Commission revoking approval of a final plat shall require a subdivider to file another application for approval in accordance with these rules and regulations, in order for any building permits to be issued to him/her and for any construction to proceed. (Ord. 13-24. Passed 6-15-24.)
1198.07 REVISION OF FINAL PLAT AFTER APPROVAL.
No changes, erasures, modifications or revisions shall be made in any plat of a subdivision after approval has been given by the Planning Commission, and endorsed in writing on the final plat, unless such final plat is first re-submitted to the Planning Commission.
(Ord. 13-24. Passed 6-15-24.)
1198.08 FEES.
(a) Fee Schedule. At the time of submitting a preliminary plat, the subdivider shall pay a filing fee of one hundred fifty dollars ($150.00) plus ten dollars ($10.00) per lot. This fee covers the initial review and one re-review if needed.
For additional reviews of changes to the preliminary and/or final plat, a fee of twenty dollars ($20.00) per page will be assessed. For inspection services of subdivision improvements, a fee equaling five percent (5%) of the total cost of improvements will be assessed. If additional reviews are necessary, as determined by the Planning Commission, the subdivider shall pay any costs associated with such additional reviews.
(b) Form of Payment. The filing fee shall be paid in legal tender or by certified check or money order made payable to the Village and deposited with the Village fiscal officer.
(c) Refunds. In the event that a plat is disapproved by the Planning Commission before any physical inspection has been made of the site, the Planning Commission may, at its discretion, refund the fee to the subdivider. (Ord. 13-24. Passed 6-15-24.)
1198.09 RELEASE OR DEFAULT OF PERFORMANCE BONDS.
(a) Release of Performance Bonds. Performance bonds shall be released to the subdivider only upon certification by Council that all required improvements have been satisfactorily completed.
(b) Default of Performance Bonds. If the Planning Commission, or an appropriate Village officer appointed by it, finds upon inspection that any of the required improvements have not been constructed in accordance with the plans and conditions approved and specified by the Planning Commission, then the subdivider, bonding company, and/or lender holding the irrevocable letter of credit, shall be severally and jointly liable for the costs of completing the improvements originally specified by the Planning Commission.
(Ord. 13-24. Passed 6-15-24.)
1198.10 VACATION OF PLATS.
(a) General. Upon the institution of proceedings by Council or the subdivider in the Court of Common Pleas for the vacation of any public way, or any portion thereof, in a subdivision, a plat or map showing such public way sought to be vacated and all intersecting and connective public ways, shall form a part of the petition and proceedings for such a vacation. Any such public way sought to be vacated shall be shown on the plat by measurements, descriptions identifying the extent of the area proposed to be vacated.
(b) Professional Assistance. The plat showing the public area to be vacated shall be prepared by a registered surveyor.
(c) Recording. Such plat shall be transferred in the office of the County Auditor and recorded in the office of the Recorder of Ottawa County in the same manner as are plats originally transferred and recorded.
(d) Cross Referencing. Upon the filing of the plat with the County Recorder, a cross reference to the record of the vacated portion of the plat shall be made by the Recorder on the original plat of the subdivision.
(e) Returning Lots to Tax Duplicate. Upon institution of proceedings to vacate platted lots of a subdivision for the purpose of returning such lots as acreage to the tax duplicate, the same procedure shall be required. (Ord. 13-24. Passed 6-15-24.)
1198.99 PENALTY.
(a) Violation of These Rules and Regulations. Whoever violates any rule or regulation adopted by Council for the purpose of setting standards and requiring and securing the construction of improvements with a subdivision, or fails to comply with any order, pursuant thereto, shall be fined not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000) [per ORC. 711.102].
Such sum may be recovered with costs in a civil action brought in the Court of Common Pleas in Ottawa County, by legal representative of the Village or County, in the name of the Village or County and for the use thereof.
(b) Violation by Selling Lots Before Recording. Whoever, being the owner or agent of the owner of any land within or outside the Village limits, transfers any lot, parcel or tract of such land from or in accordance with a plat of a subdivision before such plat has been recorded in the office of the County Recorder, shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) for each lot, parcel or tract of land so sold. The description of such lot, parcel or tract by metes and bounds in the deed or transfer shall not serve to exempt the seller from the forfeiture provided in this section.
(c) Violation by Selling Lots Against Regulations. Any person who disposes of, offers for sale or leases for a time exceeding five (5) years any lot or any part of a lot in a subdivision before provisions of these rules and regulations are complied with, shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) for each lot or part of a lot so sold, offered for sale or leased. Such sum may be recovered with costs in a civil action, in the name of the Village fiscal officer for the use of the Village.
(Ord. 13-24. Passed 6-15-24.)