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Hiram City Zoning Code

CHAPTER 1143

Subdivision Regulations

1143.01 OVERVIEW.

   (a)   Subdividing or platting is the usual means by which farm land or other open land is converted into building sites. It consists of laying out such land into streets and lots and the accompanying installation of the street and sanitary improvements necessary to provide for traffic access and for water, sewage disposal and other utility services. Subdividing is usually the first step in the process of urbanization and urban expansion.
   (b)   Every real estate subdivision laid out becomes a permanent feature of the area. The ground plans of communities and their environs, with few exceptions, are simply a composite of plans of individual subdivisions. The area concerned, on the other hand, acquires an addition whose character will affect not only its future physical development but the cost of public facilities and services. It is in recognition of this vital interest of the community in subdividing and platting practices and standards, that most states, by means of statutory provisions, have conferred upon local government units the authority to control the subdividing of real estate.
   (c)   Subdivision control is the exercise by public authority of the right to withhold the privilege of public record from subdivision plats which have been poorly or inappropriately designed, or which are not properly adjusted to the existing or potential development of adjoining areas or to an officially adopted comprehensive plan.
   (d)   The statutes of the State of Ohio vest the control over subdivisions within the Village when the Village has complied with certain requirements. More specifically, the statutes (Section 711.09 of the Ohio Revised Code) provide, in part, that:
"Whenever a Village Planning Commission or a Village Platting Commissioner, or, if there is no Commission or Commissioner, the legislative authority of a Village, adopts a plan for the major streets or thoroughfares and for the parks and other public grounds of such Village or any part thereof, then no plat of a subdivision of land within such Village shall be recorded until it has been approved by the Village Commission, Commissioner, or legislative authority and such approval endorsed in writing on the plat."
   (e)   In addition to adopting a plan of major streets or highways, the Village Planning Commission, Platting Commissioner or legislative authority, may adopt general rules governing plats and subdivision of land within its jurisdiction in order to secure and provide for the coordination of streets within the subdivision with existing streets and roads or with the plan or plats of the municipal corporation, for the proper amount of open spaces for traffic, circulation, and utilities, and for the avoidance of future congestion of population detrimental to the public health or safety. These may include regulations setting standards for, and requiring the actual construction of streets, or other improvements or facilities, or assurance of such construction, as a condition precedent to the approval of the plat of a subdivision. However, any such regulations and requirements pertaining to improvement installations must be adopted by the Village Council before they may be made a part of the subdivision regulations of the Village Planning Commission (Section 711.101 of the Ohio Revised Code). It is further required by the statutes that the latter must be approved in its entirety by the Village Council, after public hearing, before becoming effective. (Section 711.132 of the Ohio Revised Code).
   (f)   Where subdivisions are not controlled or are inadequately controlled, the consequences are many and varied. The layouts may show serious defects such as inadequate or poorly designed street systems; lots of inappropriate size, shape or orientation; or the street, sanitary or other utility improvements may fall short of minimum standards necessary for health, safety or desirable living conditions. Subdivisions may be further defective in relation to the development of adjoining areas in that streets may be ill adapted to existing or proposed streets in contiguous areas; the size and arrangement of lots may not be in harmony with the existing or desirable future character of development in a given area; the utilities may not be suitably coordinated in point of location or size with those of adjoining areas. Finally, the layouts of the subdivision may not be properly adjusted to, and may be in conflict with, existing or proposed public facilities of neighborhood or area-wide importance--e.g. a thoroughfare widening or extension, a school site, a recreation area, a utility right-of-way.
   (g)   Subdivisions defective in one or several of the above particulars or similar respects generally do not afford satisfactory living conditions for their residents, besides hindering the orderly and sound development of the area. In addition, they often occasion an undue burden by reason of the excessively high cost of street or utility improvements or their maintenance, unnecessarily high operating cost of public services, expensive corrective improvements required in later years to remedy or lessen shortcomings due to defective original layout or development.
   (h)   Broadly stated, the subdivision regulations are intended to serve as an aid in preventing undesirable practices in land subdividing and as a tool to be applied by the Village Planning Commission in the processing and reviewing of plats for the purpose of promoting desirable modern concepts of subdivisions with long-range plans for the Village's desirable future development.
   (i)   There are no guarantees, however, that all subdivisions complying with them will be fully satisfactory or acceptable, as this will depend on the competence of the designer in applying the principles and standards set forth in the Regulations. Nevertheless, many defects in design will be prevented and the quality of subdivisions generally improved.
   (j)   An important requirement stipulates that the subdivision be designed so as to provide for all public facilities called for in the Comprehensive Plan, which directly affect the tract to be platted. These may include highways and thoroughfares, sites for schools, parks, playgrounds, and other public facilities. The subdivision layout is required to conform further with the provisions of the Zoning Code, as these will bear directly on the kind of street layout, lot sizes, and other features of interior design appropriate for the subdivision in a particular area.
   (k)   All existing or proposed highways and thoroughfares shown on the major road plan as crossing or bordering a proposed subdivision are required to be provided for in the general location and at the width designated. If a proposed park, playground or school site, is proposed by the comprehensive plan, the subdivider should be induced to dedicate such site, or at least reserve it, for the indicated use, thereby affording the opportunity for the community to acquire the needed land before it is improved.
   (l)   The requirement of the installation of street and sanitary improvements prior to building construction is among the most important provisions of the subdivision regulations. These installations are essential to secure the health and safety of the future residents of the subdivision, as well as the area as a whole and to combat excessive or premature subdividing and land speculation and accompanying blight, depreciation of property value and tax defaults, among others, which may result from such practices.
(Ord. 99-15. Passed 9-14-99.)

1143.02 GENERAL.

   (a)   Authority. The Village of Hiram Planning Commission, hereinafter known as Commission, and the Village of Hiram Council, hereinafter known as the Village Council or Council, derive their authority by virtue of Chapter 711 of the Ohio Revised Code. The Commission is authorized to recommend to the Village Council rules and regulations governing plats and subdivisions of land, and to approve, conditionally approve or disapprove plats or subdivisions of land falling within its jurisdictions.
   (b)   Title. The official name of this document shall be "Subdivision Regulations of the Village of Hiram, Ohio", hereinafter known as "Regulations".
   (c)   Purpose. These Regulations are adopted to:
      (1)   Secure and provide for the public health, safety, comfort and general welfare;
      (2)   Provide for future growth and development of the Village, in accordance with the comprehensive plans, policies and resolutions adopted by the necessary authorities;
      (3)   Provide for adequate and convenient open spaces for traffic, utilities, access for service and emergency vehicles, recreation, light, air, and for the avoidance of congestion of population as it would affect the public health, safety and welfare;
      (4)   Protect the public's rights of access to sunlight and wind energy,     promote the conservation of non-renewable energy resources, and promote the most responsible uses of renewable energy resources;
      (5)   Provide safety from fire, flood (as governed by full compliance with appropriate floodplain and zoning requirements and the requirements of Section 1910.3 of the Federal Insurance Administration Regulations) as may be amended, and other dangers;
      (6)   Provide for adequate transportation, drainage, wastewater treatment, water supply, schools, open space, and other public requirements and facilities;
      (7)   Provide for the proper arrangement of streets or other highways in relation to existing or planned streets or highways;
      (8)   Provide reasonable standards of design and procedures for subdivisions and resubdivisions, in order to further the orderly layout and use of the land, and to insure proper legal descriptions and monumenting of subdivided land;
      (9)   Prevent the pollution of air, streams, and ponds, to assure the adequacy of drainage facilities, and to safeguard groundwater;
      (10)   Provide the most beneficial relationship between the use of land and buildings, provide for the proper location of lot lines and building setback lines, and encourage innovative forms of development;
      (11)   Provide for the administration of these regulations and define the powers and duties of the Commission, the respective Village administrative offices and other agencies having jurisdiction, as they relate to these Regulations.
   (d)   Jurisdiction.     The Regulations shall be applicable within the incorporated territory of the Village of Hiram, Portage County, Ohio.
   (e)   Interpretation. The provisions of these Regulations shall be minimum requirements. Whenever these provisions are different from the requirements of other lawfully adopted regulations or private deed restrictions, the more restrictive rule or higher standard shall govern.
   (f)   Separability. If any section, subsection, sentence, clause, or phrase of these Regulations is found to be invalid, such decision shall not affect the validity of the remaining portions of these Regulations.
   (g)   Saving Provision. These Regulations shall not be construed as abating any action now pending under the prior existing Subdivision Regulations.
   (h)   Amendments. For the stated purpose of these Regulations, the Commission may from time to time amend the provisions imposed by these Regulations. Public hearings on all proposed amendments shall be held according to the procedures and requirements of Chapter 711 of the Ohio Revised Code.
   (i)   Scope. These Regulations are not intended to repeal, abrogate, annul or in any way impair or interfere with the existing provisions of other laws or regulations except those specifically repealed by or in conflict with these Regulations, or with private agreement, or with restrictive covenants running with the land to which the Village is a party.   
   (j)   Partitions. Whenever land is to be divided by the process of partition in court pursuant to Section 5307.06 of the Ohio Revised Code, all petitions for the partition shall be submitted to the Commission, which shall take action thereon within thirty (30) days or within such additional time as agreed upon by the petitioners, according to the procedures and provisions of these Regulations. The resulting partition shall be subject to all applicable zoning and subdivision requirements.
   (k)   Land Contracts. All contracts for the conveyance of real estate effecting a present or future subdivision of land, as defined in these Regulations, shall be subject to the requirements of these Regulations.
   (l)   Administration. It shall be the responsibility of the Commission to administer these Regulations except where specific authority and responsibility is given to some other office as set forth in these Regulations.
   (m)   Enforcement. It shall be the duty of the Commission and its staff, together with other appropriate Village officials, to enforce these Regulations within all areas under the jurisdiction of the Village.
   (n)   Zoning. All proposed subdivisions shall conform to the Village of Hiram Zoning Code. (Ord. 99-15. Passed 9-14-99.)

1143.03 SUBDIVISION DEFINITIONS.

   (a)   Rules. For the purpose of these Regulations, words used in the present tense shall include the future; words used in the singular shall include the plural; and the plural the singular; and the word "shall" is mandatory and not discretionary.
   (b)   Definitions.
      (1)   Alley:   A public right-of-way not less than twenty (20) feet or more than thirty (30) feet wide which affords only a secondary means of access to property abutting thereon.
      (2)   Arterial Street: (See Streets).
      (3)   Average Daily Traffic (A.D.T.): The total traffic volume during a given time period (in whole days greater than one (1) day and less than one (1) year) divided by the number of days in that time period.
      (4)   Buffer: Any combination of mounds, fencing, planting, etc., intended to separate one (1) land use or activity from another.
      (5)   Cash Deposit: A sum of cash deposited with the Village Clerk in sufficient amount to guarantee the installation of required improvements.
      (6)   Central Sewer System: (See Wastewater Treatment Systems).
      (7)   Central Water System: (See Water Supply Systems).
      (8)   Certificate of Deposit: A certificate held on deposit by a financial institution for the Village Council until such time as the subdivider has fulfilled his obligation to install the required improvements.
      (9)   Collector Street: (See Streets).
      (10)   Commission:   The Village of Hiram Planning Commission or its designated representative.
      (11)   Community Water System:   (See Water Supply System).
      (12)   Comprehensive Plan: The plan or plans made and adopted by the Commission, or Village, when applicable; and, 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.
      (13)   District: The Portage County Soil and Water Conservation District (SWCD) as organized under Chapter 1515 of the Ohio Revised Code.
      (14)   Easement: Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of the owner's property.
      (15)   Engineer: A registered engineer authorized to practice professional engineering by the State Board of Registration as specified in Section 4733.14 of the Ohio Revised Code.
      (16)   Erosion:
         A.   The wearing away of the land surface by running water,    wind, ice, or other geological agents, including such processes as gravitational creep.
         B.   Detachment and movement of soil or rock fragments by wind, water, ice, or gravity.
      (17)   Escrow Fund: Cash placed by the subdivider in an account to be held by a financial institution in favor of the Village Council to guarantee the installation of improvements according to the provisions of these Regulations.
      (18)   Exceptional Replat: A map of the plan for the division of land within or     having a previously platted subdivision where there is a sale or exchange of parcels between adjoining lot owners and no new building sites are created.
      (19)   Financial Guarantee: Either a cash deposit, escrow fund, or a letter of    credit that is submitted by the subdivider in favor of the Village to guarantee the installation of improvements.
      (20)   Floodplain: The areas adjoining a water course which are expected to be     flooded as a result of a severe combination of meteorological and hydrological conditions.
      (21)   Floodway: The channel of the watercourse and those portions of the adjoining floodplains which are reasonably required to carry and discharge the 100-year flood.
      (22)   Floodway Fringe: That portion of the floodplain outside of the floodway.
      (23)   Hillside: An area with an average slope of more than fifteen percent (15%).
      (24)   Improvements: Street pavement or resurfacing, curbs, gutters, sidewalks, water lines, sewer lines, storm drains, street lights, flood control and drainage facilities, utility lines, landscaping, and other related matters normally associated with the development of undeveloped and into building sites.
      (25)   Index Map: A map supplied with street construction plans showing the street and storm systems at a 1" = 200' scale.
      (26)   Inspection Fee: Cost to Village of supervising construction to be paid by the subdivider or developer.
      (27)   Key (Location) Map: A drawing at a reduced scale located on the plan or plat which shows legibly, by dimension and/or other means, enough     area beyond the bounds of the proposed subdivision to locate and orient the subdivision within Hiram Village, and the relationship of the site to the community facilities which serve or influence the property.
      (28)   Letter of Credit: An irrevocable letter of credit issued by a bank in Northeast Ohio subject to the provisions of Chapter 1305 of the Ohio Revised Code.
      (29)   Lot: For the purpose of these Regulations, a lot is a parcel of land of sufficient size to meet minimum health and zoning requirements for     use, coverage, and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street.
      (30)   Lot Frontage:   The front of a lot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage. Lot frontage shall be measured as the straight-line distance between the points where the side lot lines intersect the street right-of-way.
      (31)   Lot Measurement: The lot shall be measured as follows:
         A.   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 front and the rearmost points of the side lot lines in the rear.
         B.   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, as measured at the minimum building setback line.
      (32)   Lot, Minimum Area Of: The area of a lot is computed exclusive of any portion of the right-of-way of any public or private street.
      (33)   Lot of Record: A lot which is part of a subdivision recorded in the Office of the County Recorder, or a lot or parcel described by metes and bounds, the description of which has been recorded.
      (34)   Lot Types: The terminology used in these Regulations with reference to corner lots, interior lots and through lots is as follows:
         A.   A corner lot is defined as a lot located at the intersection of two (2) or more streets.
         B.   An interior lot is a lot other than a corner lot with single frontage on a street.
         C.   A double frontage lot is a lot other than a corner lot with frontage on more than one (1) street.
         D.   A reversed frontage lot is a double frontage lot located along a collector or arterial that derives access from an interior local street.
      (35)   Natural Buffer: Land maintained in its natural state to protect a natural     resource such as a state scenic river.
      (36)   O.D.N.R.: The Ohio Department of Natural Resources.
      (37)   O.D.O.T.: The Ohio Department of Transportation.
      (38)   Official Thoroughfare Plan: The system of primary and secondary streets for the Village as adopted by the Commission.
      (39)   O.E.P.A.: The Ohio Environmental Protection Agency.
      (40)   O.R.C.: The Ohio Revised Code.
      (41)   Out Lot: Property shown on a subdivision plat outside of the boundaries          of the land which is to be developed and which is to be excluded from the development of the subdivision.
      (42)   Package Treatment Plant: (See Wastewater Treatment System).   
      (43)   Parking Space, Off-Street: An area adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room, located totally outside of any street or alley right-of-way.
      (44)   Plan, Preliminary: Drawings, maps and other materials depicting a proposed subdivision meeting the requirements of these Regulations.
      (45)   Plan, Sketch:   A drawing of a proposed subdivision intended to be used as a general indicator of how the proposed area may be subdivided, as per these Regulations.
      (46)   Plat: The plan of a proposed subdivision, drawn on durable material as specified in these Regulations and intended for recording, meeting all the requirements as herein enumerated.
      (47)   Public Utility: Any firm, corporation, governmental agency, or board having a permit to furnish to the public, electricity, gas, sewer, telephone, transportation, water, or other similar public services.
      (48)   Regulations: Subdivision Regulations of the Village of Hiram, Ohio.
      (49)   Replat: A map of the plan for a division of land within or involving a previously platted subdivision where new building sites are being created.
      (50)   Reserves: Parcels of land within a subdivision set aside for future subdivision or set aside for other purposes, as noted on the plat.
      (51)   Right-of-way:   The width between property lines, of a street, alley, crosswalk or easement.
      (52)   Sediment: Solid mineral and organic material that is in suspension, is being transported, or has been moved from its site of origin by wind, water, gravity, or ice, and has come to rest on the earth's surface above or below sea level.
      (53)   Sediment Basin: A barrier, dam, or other suitable detention facility built     across an area of water flow to settle and retain sediment carried by the runoff waters.
      (54)   Setback Line, Building: A line indicating the minimum horizontal distance between the street easement or right-of-way line and buildings, as governed by the applicable Zoning Code and Thoroughfare Plan.
      (55)   Streets, Arterial: Arterial streets have the primary purpose of carrying through traffic to and from residential, commercial and industrial     areas and the secondary purpose of providing access to abutting property. It is usually a continuous route carrying heavy loads and a large volume of traffic. A.D.T.'s are typically in excess of 3,500.
      (56)   Streets, Collector: Have the primary purpose of intercepting traffic from     intersecting local streets and handling this movement to the nearest arterial streets. A secondary function is service to abutting land use. A.D.T's are typically 1,500 to 3,500 in residential areas, with A.M. peak-hour about 7 to 8 percent and P.M. peak-hour traffic about 10 percent of the A.D.T.
      (57)   Street, Cul-de-sac: A local street which does not connect two streets and is provided with a bulb-type turn around facility.
      (58)   Street, Frontage Road: A minor street which is generally parallel and contiguous to an expressway, freeway, parkway, major and minor street and is so designed as to intercept, collect and distribute traffic desiring to cross, enter or leave such street, and which provides access to abutting properties and protection from through traffic.   
      (59)   Street, Local: Includes all streets not on a higher system. The primary purpose of local streets is to provide direct access to adjacent land.    Typical A.D.T. ranges from 100 to 1,500 with similar proportions of peak-hour traffic as for the collector streets.
      (60)   Street, Minor: (See Street, Local).
      (61)   Street, Private: A right-of-way, owned privately, which provides vehicular and pedestrian access to adjacent properties.
      (62)   Street, Public: A right-of-way, dedicated to public use, which provides vehicular and pedestrian access to adjacent properties.
      (63)   Subdivider: Any person, persons or corporation or duly authorized agent who undertakes or makes preparation for the subdivision of land as defined in these Regulations.
      (64)   Subdivider's Agreement: An agreement by and between a subdivider and/or developer and the Village of Hiram Council that sets forth the manner in which the subdivider and/or developer agrees to proceed with the construction of public improvements and the disposition of lots in the subject subdivision.
      (65)   Subdivision:
         A.   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 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; or
         B.   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.
      (66)   Subdivision Technical Review Group: The technical advisory group for the Commission and Village may consist of, but is not limited to the representatives from the Portage County Soil and Water Conservation District Office, the Village Zoning Inspector, the Village Planning Commission, the Portage County Board of Health and the Portage County Regional Planning Commission.
      (67)   Surety: A certificate of deposit, a cash deposit, an irrevocable letter of credit, or a cash escrow account, all of which are either issued or deposited in favor of the Village Council, and designed to guarantee the construction of improvements required in these Regulations.
      (68)   Surveyor: A registered surveyor, authorized to practice professional surveying by the State Board of Registration, as specified in Chapter 4733 of the Ohio Revised Code.
(69)   Variance: A modification of the strict terms of the relevant standards where such modification will not be contrary to public interest and where owing to conditions peculiar to the subject property and not the result of the action of the applicant and a literal enforcement of the Standards would result in unnecessary and undue hardship.    Said variance may be granted by the Village Council upon recommendation by the Village Planning Commission.
      (70)   Village: Village of Hiram, Portage County, State of Ohio.
      (71)   Village Council: Village of Hiram Council.
      (72)   Village Engineer: The Village’s consulting Engineer.
      (73)   Village Sanitary Engineer: The Village’s consulting Sanitary Engineer.
      (74)   Village Zoning Inspector: The Village's appointed Zoning Inspector.
      (75)   Wastewater Treatment System--Central Public: A sewage system, including collection and treatment facilities, designed and operated by a division of local government intended to service a region larger than the proposed subdivision.
      (76)   Wastewater Treatment System-Package System: A sewage system, including collection and treatment facilities, installed by the subdivider or developer and transferred to the County Sanitary Engineer for maintenance and operations according to the terms of these and other applicable Regulations, intended to service the proposed subdivision and other adjacent or nearby areas as determined by the Ohio Environmental Protection Agency and the County Sanitary Engineer.
      (77)   Water Supply System-Central Public: A water supply system, including water collection, purification and distribution systems, installed by the subdivider or other private party and transferred to the County Sanitary Engineer for maintenance and operations, or operated as a privately owned utility, subject to all requirements of these and other applicable Regulations.
         (Ord. 99-15. Passed 9-14-99.)

1143.04 PROCEDURES FOR SUBDIVISION APPROVAL.

   (a)   Approval Required. Whenever any subdivision of land is proposed (See Section 1143.03 (b) "Subdivision Definitions"), before any deed of conveyance is made for the sale of any part thereof, and before any permit for the erection of any permanent building in such proposed subdivision shall be granted, the subdivider or his agent shall apply for and secure approval of such proposed subdivision in accordance with the following procedures.
   (b)   Conditional Use Standards for Platted Conventional Subdivisions.
      (1)   Design Criteria. Developer of any conventional subdivision must demonstrate how a conventional subdivision layout better meets the purposes of the zoning district in which the project is to be located than would a conservation subdivision design.
         A.   Special natural resources and features, such as stands of trees, open fields, ponds, streams, hills, and environmentally sensitive areas are included and preserved in the overall design of the project.   
         B.   Historic and cultural features are included and preserved in the    overall design of the project.
         C.   Buildings and roads are designed and located to protect and enhance natural topography and the traditional rural Village character.
         D.   Scenic vistas and areas as seen from the public road system are    preserved as open space for the public's enjoyment.
         E.   Dwelling unit setback lines are flexible. The new homes blend with the unique physical characteristics of the surrounding area to preserve the rural landscape.
         F.   The proposed street system is designed to connect to existing street patterns whenever possible.
      
   (c)   Lot Split Approval Procedures (Minor Subdivisions).
      (1)   Conditions for Approval. The approval of a minor subdivision of less than five acres may be granted by the Planning Commission if the proposed division meets all the following conditions:
         A.   The proposed subdivision is located along an existing State, County, or Village approved roadway and involves no opening, widening or extension of any street or road or public utility;
         B.   In accordance with Section 711.131 of the Ohio Revised Code, no more than five (5) lots may be transferred off the original tract.
         C.   The proposed subdivision is not contrary to applicable subdivision, engineering, or zoning regulations;
         D.   The proposed subdivision is approved by the Village for connection to an approved sanitary sewer system.
      (2)   Authority. Section 711.131 of the Ohio Revised Code gives Village Planning Commission the authority to abbreviate approval procedures for minor lot splits. The Commission, acting through Zoning Inspector, shall implement the following procedures.
      (3)   Application and Review Process.
         A.   Preliminary discussion phase. The subdivider is encouraged to meet with the Zoning Inspector prior to developing any surveys or legal descriptions affecting a minor subdivision or combination of land in order to discuss the procedures involved and become familiar with any subdivision and zoning regulations pertaining to the property and the proposed action. It is helpful to provide a sketch plan showing approximations of the existing property lines and proposed property lines. The sketch plan may be a rough drawing and need not be detailed. It may also be helpful to meet with the Zoning Inspector at the site of the proposed subdivision prior to developing the minor subdivision plan.
         B.   Review and approval. Upon receipt of the "Application for a Lot Split", the lot split plan and the required fee for a minor subdivision approval, the Zoning Inspector shall forward the proposed subdivision plans to those governmental and subdivision technical review agencies having jurisdiction or interest in the proposed subdivision. If the staff is satisfied that the proposed subdivision is not contrary to applicable platting, zoning and subdivision
regulations, it shall, within seven (7) working days, approve such proposed division. If the proposed subdivision does not meet the requirements of these Regulations and applicable zoning regulations, the Zoning Inspector will not approve the proposed minor subdivision. The burden shall be upon the subdivider to amend the proposed subdivision to meet all applicable requirements.
         C.   Fees required. The Village Planning Commission, with the approval of Village Council, shall establish fees to be deposited with each application.
      (4)   Lot Split Plan Requirements. The plan for a minor subdivision shall be subject to the following requirements:
         The plan shall show:
         A.   A title such that the general location of the survey can be identified (i.e. State, County, Village, Range and Lot No.).
         B.   North arrow and scale.
         C.   An accurate control station and its relation (bearing and distance) to the subject property. The beginning point must be referenced to something identifiable on the tax map (i.e. road intersection or lot line). A simple Deed Volume and Page or Highway Station reference alone is not acceptable.
         D.   Length and direction (bearing or interior angle) of each line for all metes and bounds descriptions.
         E.   Subject owners' names, Deed Volume and Page, and acreage.
         F.   Adjacent owners' names, Deed Volume and Page, and acreage and/or subdivision name and Plat Number or Plat Book and Page number, if applicable.
         G.   Original tract number and original acreage.
         H.   If the tract(s) or lot(s), as surveyed, fall within two or more existing parcels, as currently shown on the County Auditor's Tax Duplicate, or within two or more general areas (e.g., Village lots), then the plat and written description shall include the areas broken down accordingly.
         I.   When a division of any parcel of land into two or more parcels is created, the plat shall graphically show the relationship of the newly created parcel(s) to the parent parcel and shall show the acreage and the recording reference of the parent parcel as well as any permanent structure within fifty (50) feet of the newly created property line.
         J.   Current road names, route numbers and right-of-way widths for all existing streets within and adjacent to the plan for a minimum distance of fifty (50) feet.
         K.   List all references to ascertain survey volume, Deed Volume and Page, old surveys, etc.
         L.   All property corners are to be monumented according to the state survey standards.
         M.   Certification statement, seal, registration number and signature of the registered surveyor responsible for the survey.
         N.   Date of survey.
         O.   Every measurement of distance shall be made either directly or indirectly in such manner that the linear error in the distance between any two points (not necessarily adjacent points) shall not exceed the reported distance divided by five thousand (allowable linear error = reported distance divided by five thousand) and every angular measurement shall be made in such a manner that the allowable (directional) error, in radians, shall not exceed allowable linear error divided by the reported distance [allowable (directional) error = allowable linear error divided by the reported distance]. When the reported distance is less than one hundred feet, the linear error shall not exceed 0.02 feet. The reported distance is the distance established by the survey.
         P.   Plan Form.
            1.   All survey plans shall be clearly and legibly drawn in India ink on mylar that is a minimum of .003 inch thick.
            2.   Where necessary, the plan may be on several sheets accompanied by an index sheet showing the entire subdivision.
            3.   The size of the sheets for minor subdivisions shall be either 8 1/2" by 14", 18" by 24", 24" by 30" or 24" by 36".
            4.   Marginal lines shall be drawn around the entire sheet, leaving a one-inch margin from the binding edge and a 1/2" margin from the other edge.
            5.   The subdivision shall be drawn at a scale of not less than one hundred (100) feet to the inch.
            6.   All plans must be legible. If any information is hard to read, the plan will not be accepted.
      (5)   Optional Requirements. Any of the following optional requirements may be required by the Commission on the basis of the characteristics of the subject property.
         A.   Topographical contours in 1 foot or 2 foot intervals.
         B.   A lot grading and drainage plan, illustrating a plan for the handling of surface and sub-surface drainage, showing proposed finished grade    elevations, the type, size, location, and outlet of all drainage improvements, swales, easements, and the proposed ground cover.
         C.   Spot elevations, when topographical conditions warrant.
         D.   Soils borings to determine the impact of the proposed development on the water table.
         E.   Minimum ground floor building elevations in conjunction with the required lot-grading plan.
         F.   100-year flood plain and floodway fringe elevations and delineations where applicable.
         G.   A complete erosion and sediment control plan, as per Section 1143.05(f).
         H.   Screening and buffering provisions, as per Section 1143.05(m).
         I.   A development staging plan showing future subdivisions and resubdivision potentials.
         J.   A surety for the construction of improvements.
         K.   Other provisions as seen necessary by the Planning Commission in order    to create buildable sites and promote the public's health, safety and welfare.
         L.   A detailed inventory of the forested areas. The Planning Commission may require that certain forested areas and/or individual tree species remain unharmed.
Additional right-of-way for road purposes may be required within the area encompassed by the said lot split proposal in order to bring about conformance with the minimum public road right-of-way requirements as set forth by the Regulations and/or the Village of Hiram Thoroughfare Plan as adopted by the Commission and as amended.
The Commission may require the use of private deed restrictions to make provisions for the protection of environmentally sensitive areas. Such restrictions shall be placed upon the deed(s) for the proposed lot split prior to approval.
   (d)   Major Subdivision Approval Procedures.
      (1)   Conditions Requiring Major Subdivision Approval. Any subdivision involving:
         A.   More than five (5) lots any one of which is less than five (5) acres, inclusive, after the tract of record has been completely subdivided, or
         B.   The opening, widening or extension of a street or streets, or
         C.   The division or allocation of land as open spaces for common use by owners, occupants, or lease holders, or
         D.   The division or allocation of land as easements for the extension and maintenance of public sewer, water, storm drainage, or other public facilities, shall be subject to the procedures and requirements set forth by these Regulations for Major Subdivision Approval.
      (2)   Pre-Application Meeting (Optional). Prior to developing a preliminary plan for a proposed subdivision, the subdivider    should contact the Village of Hiram Zoning Inspector and arrange for an informal meeting. The purpose of this meeting is to discuss the procedures and requirements for subdivision approval as well as to familiarize the developer with any Comprehensive Development Plan, Major Thoroughfare Plan, Parks and Open Space Plan applicable to the Village, and with the Village's Zoning Code and drainage/storm sewer, sanitary sewer and water distribution systems. A sketch plan submitted to the Zoning Inspector prior to or at this meeting would be beneficial to the review and discussion of the subdivision being proposed. (Reference subsection (d)(3) hereof for items that should be included on a sketch plan).
      (3)   Contents of Sketch Map. The subdivider should submit to the office of the Village Planning Commission a pre-application sketch containing the following information:
         A.   Dimensions and acreage of property.
         B.   Dimensions and acreage of the proposed lots.
         C.   Planned methods of handling sewage, showing the location of any existing or proposed outlets.
         D.   Location, size, and depth of existing utility lines.
         E.   Location of any existing or proposed roads.
         F.   Location of any easement on the property, proposed or existing.
         G.   Directions of surface water flow.
         H.   Indication of stakes showing property lines, lots, roads and utility lines.
         I.   Names, address and phone number of owner and his designated agent.
         J.   The foot print of any existing structures on site together with a written statement concerning their proposed disposition.
         K.   A letter from the legal owner of record granting access to the subject premises to any public official involved in the review of the proposed subdivision.
   (e)   Major Subdivision, Preliminary Plan Process (Optional). Subdivisions being determined by subsection (d)(1) hereof may be presented to the Village Planning Commission in two (2) platting processes, an optional preliminary plan followed by the required final plat process. The preliminary plan shall conform with the requirements set forth in this Section. The platting requirements for subdivision of five (5) or fewer lots which are along an existing street, not involving the opening, widening or extension of any street or road, may be waived by the Planning Commission.
      (1)   Application and preliminary plan submission. After the sketch plan stage, the subdivider may prepare a preliminary plan, in accordance with the requirements of subsection (e)(4) hereof. An application for preliminary plan approval should be completed and submitted with eight (8) copies of the proposed preliminary plan and eight (8) copies of the soils information sheet, together with payment of all required fees and a letter describing the proposed project, in order to qualify as an accepted submission.
The submittal of the optional preliminary plan is to be made to the Village Zoning Inspector's office a minimum of at least 28 days prior to the Village Planning Commission meeting where consideration is being requested. This period of time is needed in order to review the plan that has been submitted.
      (2)   Preliminary plan requirements. If submitted, the preliminary plan shall conform with all of the following requirements prior to consideration of the said plan by the Commission. If the subdivider of land chooses not to submit the optional preliminary plan, all information, studies, tests and other items normally required as part of the preliminary plan process shall be submitted to the Village with the improvement plans for the proposed subdivision.
      (3)   Scale and plan form requirements. The preliminary plan shall be drawn to a scale of not smaller than one hundred (100) feet to the inch and shall be drawn legibly with India ink on one or more sheets of twenty-four (24) inches by thirty-six (36) inches drafting mylar, with a minimum thickness of .003 inch. If more than two (2) sheets are required, an index must be included. The preliminary plan shall be prepared by a qualified professional engineer or surveyor registered and licensed to work in the State of Ohio.
      (4)   Content of preliminary plan.
         A.   General.
            1.   Proposed name of the subdivision, which shall not duplicate or closely approximate the name of any other subdivision in Portage County.
            2.   The location by section, range, and township or other surveys.
            3.   Names, addresses and phone numbers of the professional engineer and/or registered surveyor who prepared the plan.
            4.   Date of plan preparation and survey.
            5.   The scale of the plat.
            6.   A north point and a legend.
            7.   Boundaries of the subdivision and its approximate acreage.
            8.   Names of adjacent subdivision, owners of adjoining parcel of unsubdivided land, and the location of their boundary lines.
            9.   Zoning classification of the tract and adjoining properties.
            10.   A vicinity map at a scale not smaller than two thousand (2,000) feet to the inch.
         B.   Existing and Natural Features.
            1.   Topographical contours at 1' or 2' intervals based on sea level datum, as determined by the U.S. Coast and Geodetic Survey. Where land slopes less than two percent (2%), spot elevations must be shown at all changes in direction of the boundary survey and at all breaks in grade, and along all drainage channels or swales at selected points. Where the land slopes more than fifteen percent (15%), contours should be shown at five (5) foot intervals. Sufficient topographical information shall be included within and adjacent to the area proposed to be subdivided in order to allow the reviewing agencies the opportunity to properly review the impact of the off-site conditions related to the proposed subdivision.
            2.   The location of the benchmark used to determine base elevation. If feasible, horizontal positions should be given to subdivision corners in Ohio State Plane Coordinates.
            3.   The major storm routing path.
            4.   Soils information, presented on a separate sheet identical in scale to the preliminary plan. The street and lot layout shall be superimposed upon the soils information sheet. Data shall be derived from "Soil Survey, Portage County, Ohio, U.S. Department of Agriculture" or other compatible sources.
            5.   The 100-year floodplain of any stream identified as having a flood hazard area.
            6.   Wooded areas.
            7.   Rivers, streams, watercourses, drainage routes, ponding areas and drainage patterns.
         C.   Existing Physical Features and Boundaries.
            1.   Approximate location of existing buildings within one hundred (100) feet of the proposed subdivision.
            2.   Existing township and municipal boundary lines within five hundred (500) feet of the proposed subdivision.
            3.   Locations, names and widths of existing streets within and adjacent to the proposed subdivision.
            4.   Existing easements within and adjacent to the proposed subdivision. When utility transmission easements are located in the area of the proposed subdivision, the subdivider shall furnish written evidence of acceptance of the proposed plans by the utility.
            5.   Location and illustration of existing storm and sanitary sewers, culverts, drainage tile, water lines, gas lines, CATV, power poles and power lines within and adjacent to the proposed subdivision.
         D.   Proposed Features.
            1.   The location, dimensions and names of all proposed streets, and other public rights-of-way.
            2.   The locations, dimensions and numbers of all proposed block, lots, reservations, and purpose of any reserves.
            3.   Preliminary locations and anticipated sizes of proposed storm sewer, culverts, outlets, sanitary sewers, and water lines showing the connections, when applicable, to areas outside the proposed subdivision.
            4.   The location and dimensions of proposed on-site parking and loading areas. (Reference Zoning Requirements).
            5.   The location and type of proposed landscaping and screening improvements, when required by zoning.
            6.   The location of proposed parkland, open space or other public or common facilities.
            7.   The location and type of other proposed improvements.
            8.   The locations and dimensions of minimum building setback lines required by the Village Zoning Code.
         E.   Optional Requirements. As per these Regulations, the Commission may require the following tests to be performed or information to be shown on or accompany the preliminary plan at the time of its submission:
            1.   A buffering and screening plan.
            2.   Noise abatement measures.
            3.   Samples of proposed deed restrictions and/or private covenants, when proposed by the subdivider.
            4.   Descriptions of the intended use of proposed public or common areas.
            5.   The location of existing or proposed traffic control measures including turning lanes, special curbing and other public safety devices.
            6.   The type and width of street pavement to be used, when the Village determines that a special pavement is necessary.
            7.   A Wetlands Delineation Study.
            8.   A Detailed Soil Analysis.
            9.   A copy of any approvals obtained from the Army Corps of Engineers, the Ohio E.P.A. or other agencies as may be required by the Commission.
            10.   An Environmental Assessment.
            11.   Soils borings to determine the impact of the proposed development on the water table.
            12.   A detailed inventory of the forested areas. The Planning Commission may require that certain forested areas and/or individual tree species remain unharmed.
         F.   Future Subdivision Provisions. The preliminary plan shall include a plan showing the location or potential location of all future collector streets for all land adjacent to or within the tract that is under the same ownership or control as the area being subdivided. The future subdivision plan does not represent a preliminary plan for the area it covers.
         G.   Master Drainage Plan. A master drainage plan shall be submitted as a part of the preliminary plan (See Section 1143.05(b)).
         H.   Erosion and Sedimentation Control Plan. A soil erosion and sedimentation control plan shall be submitted as part of the preliminary plan (See Section 1143.05(e)).
         I.   Subdivision Grading Plan. A subdivision grading plan shall be submitted as part of the preliminary plan (See Section 1143.05(g)).
      (5)   Preliminary plan technical review. Within five (5) days of the receipt of the preliminary plan, the Zoning Inspector shall circulate copies of the plan to the Technical Review agencies that the Zoning Inspector determines should be informed.
         A.   The technical advisory group for the Commission and Village, may consist of, but is not limited to the Chief of Police, the Fire Chief, and Zoning Inspector, and representatives from the Portage County Building Department, the Portage County Soil and Water Conservation District Office, the Portage County Board of Health and the Portage County Regional Planning Commission. Members of this group are to meet to review the plans presented to it on an as needed basis, with a minimum of one (1) week in advance of the scheduled review meeting. The subdivider of land can reasonably expect members of the review group to visit the subject site, either on an individual basis or as a group.       
         B.   A representative of the proposed subdivision may be present to ask or answer any questions which may arise.
      (6)   Land preparation for review. The land to be reviewed by the review group shall be clearly staked at the front and back lot lines of the proposed subdivision lots, at the centerline of a proposed road and along any drainage easement and outlets. The stakes shall be clearly marked so that they can be seen.
      (7)   Notification. Within one (1) week of the Technical Review of the preliminary plan meeting, the Zoning Inspector shall notify the applicant and Planning Commission in writing of the comments and recommendations made by the Subdivision Technical Review meeting members.
      (8)   Preliminary plan approval. Upon receipt of the recommendations and advice of the Technical Plan Review Committee, and at the meeting scheduled to review the preliminary plan, the Village Planning Commission shall approve, approve with modifications, or disapprove the preliminary plan. If the preliminary plan is disapproved or approved with modifications, the reasons of such disapproval or necessary modifications shall be stated in writing and provided to the applicant. When the preliminary plan is approved by the Commission, the Chairperson shall sign all copies and return one (1) to the subdivider.
Once approval has been provided, the subdivider may submit to the Village the improvement plans for the proposed subdivision.
      (9)   Approval period. The approval of the preliminary plan shall be effective for a maximum period of one (1) year from the date of preliminary plan approval, for the purpose of the preparation of the final plat and the installation of the necessary improvements. An extension of time may be requested by the subdivider and granted in writing by the Village Planning Commission.
      (10)   Improvement assurance. Assurances of Improvements, as set forth in these regulations, shall be executed prior to filing the final plat with the Commission's office.
      (11)   Major subdivision, final plat process. The subdivider, after having received approval of the preliminary plan, if such plan was filed for review, and upon completion of all improvements or the necessary improvements assurances, shall prepare the final plat of the proposed subdivision.    If a preliminary plan was not filed with and approved by the Village Planning Commission, the applicant for a major subdivision shall not construct any of the necessary improvements until final plat approval has been obtained. The final plat shall incorporate all changes in the preliminary plan required by the Commission, otherwise it shall conform to the preliminary plan, and it may constitute only that portion of the approved preliminary plan which the subdivider proposes to record and develop at the time.
If the subdivider of land did not submit the optional preliminary plan, all of the information required in subsection (e) of these regulations shall be submitted to the Village at the time the improvement plans for the proposed subdivision are submitted. The final plat will be approved or disapproved and shall conform with the requirements set forth in subsection (f)(3).
      (12)   Submission to State Highway Director. Before any plat is approved affecting any land within three hundred (300) feet of the centerline of proposed new highway(s) for which changes are proposed as described in the certification to local officials by the State Highway Director of any land within a radius of five hundred (500) feet from the point of intersection of said centerline with any public road or highway, the Commission shall give notice, by registered or certified mail to the Highway Director. The Commission shall not approve the plat for one hundred twenty (120) days from the date the notice is received by the Highway Director. If the Highway Director notifies the Commission that he shall proceed to acquire the land needed, then the Commission shall refuse to approve the plat. If the Highway Director notified the Commission that acquisition at this time is not in the public interest or upon the expiration of the one hundred twenty (120) day period or any extension thereof agreed upon by the Highway Director and the property owner, the Commission shall, if the plat is in conformance with all provisions of these Regulations, approve the plat.
   (f)   Final Plat and Application Required. An application on forms provided by the Commission's office, together with eight (8) black line or blue line prints of the final plat along with all approved final engineering improvement plans shall be submitted to the Commission's office. The plat shall be accompanied with certification showing the ownership of all lands dedicated to the public and that the title is free and unencumbered. The final plat shall be prepared by and bear the seal of a registered surveyor.
   The Final Plat submittal shall be made to the Village Planning Commission office a minimum of at least twenty-eight (28) days prior to the Village Planning Commission meeting at which the plat is to be considered. The application, final plat, engineering plans and other prints together with payment of all required fees and a letter describing the proposed project, is to be submitted at this time in order to qualify as an accepted submission.
      (1)   Scale. The final plat shall be drawn to a scale of not smaller than one hundred (100) feet to the inch and shall be drawn legibly with India ink on one or more sheets of twenty-four (24) inches by thirty-six (36) inches drafting mylar, with a minimum thickness of .003 inch. If more than two (2) sheets are required, an index must be included. The final plat shall be prepared by a qualified surveyor registered and licensed to work in the State of Ohio. The plat shall contain enough information to properly determine tax structure.
      (2)   Survey of Dedicators. Every plat shall be superimposed on a survey of the lands of the dedicators from which such plat is drawn and shall contain an accurate background drawing of any metes and bounds descriptions of the lands of the dedicators from which such plat is drawn. (Reference Section 711.02 of the Ohio Revised Code).
      (3)   Final Plat Requirements. The final plat shall show the following:
         A.   The name of the subdivision which shall not duplicate or closely approximate the name of any other subdivision in Portage County.
         B.   Survey location information by Section, Range, and Village Lot or other survey method that may be deemed acceptable.
         C.   The total acreage of the subdivision and the acreages within each taxing district. Also, a table that supplies gross acreage, acreage in lots, road acreage, acreage in open space, net acreage and road centerline mileage shall be included on the plat.
         D.   Statement of one hundred percent (100%) ownership by the subdivider of all lands in the subdivision by indication of Deed Book Volume(s) and page(s).
         E.   The names and addresses of the owner of the land, the developer and the professional engineer and/or the surveyor who are responsible for the preparation of the plat and any improvements.
         F.   The names of adjacent subdivisions and the names of recorded owners of adjacent parcels of unplatted land and Deed Book Volume(s) and page(s).
         G.   North-point, date and scale of not more than one hundred (100) feet to an inch.
         H.   A vicinity sketch shall be drawn on the plat showing the location of said subdivision and its relationship to the roads, streets and alleys in the area.
         I.   The area of the parcel. Descriptions other than the metes and bounds form shall include sufficient and adequate legal and technical wording so that the property can be definitively located and defined.
         J.   Sufficient mathematical data shall be given for each curved line so that the curve can be reproduced without ambiguity.
         K.   A known reference point shall be accurately tied to the lines of the subdivision by distances and bearings and any municipal, Township, Village or section lines transgressing a plat or immediately adjacent thereto shall be shown with acreage breakdown in each division.
         L.   The accurate location and material of all permanent references monuments. (Section 711.03 of the Ohio Revised Code).
         M.   Accurate layout and dimensions of lots and blocks with the necessary distances, bearings and angles.
         N.   Accurate layout of easements for public use, services, utilities and drainage with dimensions and appropriate bearings, and with the limitations of the rights definitely stated on the plat.
         O.   In case the subdivision is traversed by a watercourse, channel, stream, or creek, show directions of flow, the prior or present location of such watercourse, channel, stream, or creek and an easement for the maintenance thereof.
         P.   If the tract(s) or lot(s), as surveyed, fall within two (2) or more existing parcels, as currently shown on the County Auditor's Tax Duplicate, or within two or more general areas (e.g., Village lots), then the plat and any written description shall include the areas broken down accordingly.
         Q.   When a division of any parcel of land into two (2) or more parcels is created, the plat shall graphically show the relationship of the newly created parcel(s) to the parent parcel and shall show the acreage and the recording reference of the parent parcel.
         R.   Sublot numbers and block letters as may be required by the Village.
         S.   Street names of all streets in the subdivision or paralleling the boundaries of the subdivision.
         T.   The accurate outline of all property which is offered for dedication for public use; and of all property that may be reserved by covenant in deeds for the common use of the property owners in the subdivision, with the purpose of the reservation indicated.
         U.   A list of any restrictions and covenants the subdivider intends to include in the deeds to the lots in the subdivision.
         V.   Certification by a registered surveyor to the effect that:
            1.   The plat represents a field survey of the boundaries and all lots in the subdivision made by the surveyor;
            2.   All monuments indicated actually exist and their location, size and material are correctly shown, and;
            3.   That all requirements of these Regulations have been complied with fully.
         W.   A notarized certification by the owner or owners of the land of the adoption of the plat and the dedication of streets and other public areas.
         X.   The Zoning Inspector's signature on the plat prior to the filing of the plat with the Village Planning Commission's Office to show that the plat conforms with the zoning requirements and that the correct zoning is in effect.
      (4)   Filing. The final plat shall be filed with the Village Planning Commission no later than one (1) year after the date on which the preliminary plan was approved. Under no circumstances shall the final plat be filed prior to the approval of any necessary improvement plans and the construction, inspection and approval of said improvements or the posting of the necessary assurances and surety guaranteeing the construction of the required improvements.
      (5)   Approval of the final plat. The Village Planning Commission shall approve or disapprove the final plat within thirty (30) days after it has been filed or within such further time as the applying party may agree to in writing. Failure of the Commission to act upon the final plat within such time shall result in the plat being deemed as approved. If the plat is disapproved the grounds for disapproval, stating the rules or regulation violated, shall be stated in the records of the Planning Commission and a copy of said record shall be forwarded to the subdivider. If disapproved, the subdivider may make the necessary corrections and resubmit the final plat within thirty (30) days to the Planning Commission for its final approval. If a plat is again refused by the Planning Commission, the person submitting the plat may file a petition within sixty (60) days after the initial refusal, in the Court of Common Pleas of Portage County to reconsider the action of the Commission.
      (6)   Approval period. The approval of the final plat shall be effective for a maximum period of ninety (90) days from the date of final plat approval for the purpose of the installation of the necessary improvements. An extension of time may be requested by the subdivider and granted in writing by the Planning Commission.
      (7)   Required statements to be affixed on the subdivision plat.
   Situated in the Village of Hiram, County of Portage, State of Ohio, and being part of Village Lot_______________, containing ______________ acres and being the same tract as conveyed to ___________________________________________ and described in deed recorded in Deed Volume ____________, Page__________, Recorder's Office, Portage County, Ohio.
   We, the undersigned, being all the owners and lien holders of the land platted herein, certify that the attached plat correctly represents our "_______________________________", a subdivision of lots ____________ to __________ inclusive, do hereby accept this plat of same, do voluntarily consent to the execution of said plat.
   (If any new streets are platted, the following statements 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 Hiram.
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 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 storm water drainage.
   The dimensions of the lots and streets are shown on the plat in feet and decimal parts thereof.
   In Witness thereof ______________________________ have hereunto set their hands the ____________________day of__________________________,    20__________.
         Witness ________________ Signed __________________
         
Surveyed and Platted by _____________________________
                                                      Surveyor
We do hereby certify that we have surveyed the accompanying tract of land and that the plat is a correct representation of said premises. All property pins have been set as required by the subdivision Regulations of the Village of Hiram.
                   By______________________
                    Registered Surveyor
STATE OF OHIO
COUNTY OF PORTAGE
VILLAGE OF HIRAM
Before me, a Notary Public in and for said state, personally came ___________________ who acknowledged the signing of the foregoing instrument to be their voluntary act and deed for uses and purposes therein expressed.
In Witness whereof I have hereunto set my hand and affixed my official seal this     ____________________ day of____________________________,    20__________.
                                     ___________________________
                                                  Notary Public
 
         Approved this ________ day of ___________, 20________ .
               _______________________
               Village of Hiram Engineer
         Approved this ________ day of ___________, 20________ .
               _______________________
               Village of Hiram Sanitary Engineer
         Approved this ________ day of ___________, 20________ .
               _______________________
               Village of Hiram Zoning Inspector
   
         Approved this ________ day of ___________, 20________.
                 _____________________
                        Chairperson, Planning Commission
This ____________ day of _____________, 20__________, right-of-way for all roads, boulevards, etc., herein dedicated to public use are hereby approved and accepted as such for the Village of Hiram, State of Ohio.    
               _______________________________________
                   President, Village of Hiram Council
This plat shall not be transferred or recorded until all above required signatures are placed on this plat.
         Transferred this ____________ day of ____________, 20_______.
   
         _______________________
                     Portage County Auditor
         Filed for record this ____________ day of ____________,                 20____________, at ____________________.
         Recorded this ____________ day ___________, 20__________,
in Plat Number_______
               _____________________
                   Portage County Recorder
      (8)   Signatures and recording of the plat. Within ninety (90) days after the date of approval by the Planning Commission, the plat shall be submitted to the following offices for signature:
         A.   Village of Hiram Planning Commission.
         B.   Village of Hiram Engineer.
         C.   Village of Hiram Sanitary Engineer.
         D.   Village of Hiram Council for the action as may be necessary on the dedication of roads and other lands.
         E.   Portage County Auditor for purpose of tax records.   
         F.   Portage County Recorder for recording purposes. Plats not recorded within ninety (90) days after final approval by the Planning Commission shall be reapproved by the Planning Commission to assure compliance with applicable rules and regulations at the time of reapplication.
   (g)   Replats and Exceptional Replats.
      (1)   Any person who has legal title to land that has been platted may attempt to change any of the lots, streets or alleys by having a new plat drawn, referred to as a Replat or Exceptional Replat (See Definitions).
      (2)   No change shall be approved by the Planning Commission if it injuriously affects any lots on the streets or alleys. Replats and Exceptional Replats shall only be approved by the Planning Commission when all applicable zoning and subdivisions regulations are met, unless otherwise approved through the granting of a variance.
      (3)   All subdivision design regulations and application requirements for platting apply to Replats and Exceptional Replats.
         (Ord. 99-15. Passed 9-14-99.)

1143.05 SUBDIVISION DESIGN STANDARDS AND REQUIREMENTS.

   (a)   Subdivision Name. The proposed subdivision name shall not duplicate or closely approximate the name of any existing subdivision in the Village or other locations within Portage County.
   (b)   Drainage.
      (1)   General. These drainage policies, guidelines and criteria do not provide solutions to all drainage problems, and the Engineer is not exclusively restricted to these designs and procedures. There may be special or unusual drainage or design problems involving exceptions to these policies and criteria. These special problems should be reviewed prior to completing final plans.
      (2)   Commission Policy. The Commission shall not approve any subdivision having inadequate storm drainage or any other physical wetness, drainage or flooding impairment as determined by the Village or other member of the Subdivision Technical Review Group.
      (3)   Stormwater Management Policy. For subdivision and development proposals, the applicant shall submit all information necessary for the Village to determine if the stormwater rate of runoff shall be controlled prior to release to downstream properties. If the Village determines control of stormwater runoff is necessary, the location, construction, ownership and maintenance of required detention or retention facilities shall be resolved prior to approval of the subdivision plat or proposed development.
   (c)   Master Drainage Plan.
      (1)   Requirements. Persons wishing to plat or develop property in the Village of Hiram are required to prepare and submit a master drainage plan for the total development area.
      (2)   Content. The applicant shall:
         A.   Prepare a topographic contour map with drainage areas delineated, with a plan for draining the total upstream tributary watershed through the proposed development,
         B.   Show the general layout of proposed inlets and storm sewers and existing drainage structures with sizes and invert elevations,
         C.   Examine and show the routing path for excess runoff through the site in the event the drainage facilities capacity is exceeded showing excess stormwater will be kept out of habitable structures,
         D.   Submit the master drainage plan to the Village prior to initiating final engineering plans.
      (3)   Preliminary Nature. It must be recognized the master drainage plan is preliminary and does not constitute a detailed working design or plan from which a sewer project can be constructed nor is such detail necessary to meet the objectives of the preliminary phase.
   (d)   Final Drainage Plan. After approval of the master drainage plan, the applicant shall provide a final drainage plan in accordance with these Regulations.
      (1)   Methods for Determining Peak Rate and Design Flows.
         A.   Watersheds under 200 acres. It will be the policy of the Village to use the Rational Method (Q=ciA) for all design storms for drainage areas of 200 acres or less.
         B.   Watersheds over 200 acres. For drainage areas over 200 acres and for determining major storms, methods contained in ''Urban Hydrology for Small Watersheds; Technical Release No. 55" may be used to provide peak rates of runoff.
         C.   The Village may specify or approve other methods or techniques for drainage calculations.
         D.   RUNOFF COEFFICIENT ("C" VALUE) GUIDELINES
            Unimproved Areas      0.2
            Parkland          0.2
            Cultivated         0.4 - 0.6
            Residential:
                           Single Family    0.4
                              Apartments      0.6
            Industrial         0.7
            Commercial         0.8
            Impervious Areas      0.95
NOTE: Site specific considerations may merit modification of Runoff Coefficient Guidelines.
      (2)   Design storms. The Major Storm will be based on a return period of not less than 100 years, unless otherwise approved by the Village. Rainfall frequency curves, as approved by the Village, may be used for all design storms. The peak discharge to be computed for all storm drainage facilities is defined in the design criteria for those facilities.
      (3)   Routing path. The overland routing path or major drainage system is the part of the total storm drainage system which carries runoff exceeding capacity of the initial system (storm sewers and open ditches). The major drainage system shall have capacity, to carry runoff from the major storm without causing significant threat to property or public safety.
      (4)   Design specifications: roadway culverts.
         A.   Culvert types and design standards shall meet the requirements of the Village, ODOT and these guidelines.
         B.   Design storm frequency: 10-50 year as determined by the Village.
         C.   The plan for each culvert shall show the tributary area in acres and the design discharge capacity in cubic feet per second.
         D.   Maximum allowable headwater depth shall be determined by the Village. Backwater elevations shall be below existing or proposed first floor elevations.
         E.   Culvert Design Coefficients:
               Manning's "n" Value:
               Box Culvert         0.011
               Slab Top Culvert      0.03 - 0.05
               Concrete Pipe    0.012
               Corrugated Metal    0.025 - 0.035
               Entrance Loss:
               Box and Slab Top       0.2
               Concrete Pipe       0.2
               Corrugated Metal       0.25 - 0.9
         F.   Cover:
            Minimum--9 inches to subgrade
            Maximum--determined by ODOT standards
         G.   End protection shall be as required by the Village and ODOT specifications.
      (5)   Design specifications: storm sewers. All storm sewers shall be concrete, unless otherwise allowed by the Village, and be designed using the Manning Equation for flowing full conditions.
         A.   Design Storm Frequency:
             Up to 72-inch diameter--5 year
            72 inch and larger--10 year
         B.   Flow velocities in storm sewers shall range between 3 and 15 feet per second unless otherwise approved by the Village.
         C.   Hydraulic Gradient, based on 5-year storm, shall not exceed window or grate elevations for inlets or catch basins. Grade line shall be based on tailwater, 0.8D at outlet, or other critical conditions or points within the system.
         D.   Minimum Time of Concentration:
            Curb Inlet--10 min.
            Open Ditch Catch Basin--15
         E.   Maximum Length Between Access Structures:
            Pipes under 36 inch in diameter--300 feet
            Pipes 36"- 60" in diameter--500 feet
            Pipes over 60 inch in diameter--750 feet
         F.   The main pipe in the storm sewer system, if over 24" in diameter, shall be separated from all surface inlets unless a special design is submitted for approval.
      (6)   Design criteria: inlets. Satisfactory removal of surface water is an important aspect of stormwater control. Inlets shall be designed and located in accordance with the requirements of the Village and these guidelines.
         A.   Design Storm Frequency:
            Major Arterial Streets--5 year
            Other streets and roads--2 year
         B.   Roughness Coefficients:
            Pavement--0.015
            Open Ditch--0.02 - 0.04
         C.   Maximum Water Spread on Curbed Pavement: 8 feet.
         D.   Inlet design and types shall meet ODOT Standards, or be approved by the Village.
      (7)   Design specifications: open watercourses.
         A.   Open channels (natural or man-made) will be enclosed with a storm sewer when an area is developed. This policy will apply even when the watercourse is located on a property line.
         B.   Ditch enclosures requiring a pipe diameter of 60' or greater for a 2 year storm may receive consideration for exemption. Exemptions may be granted as deemed appropriate by the Village.
         C.   Access to storm drainage ditches, channels and watercourses shall be by means of maintenance easements. Such easements shall be not less than 20 feet in width on each side of the channel, plus the width of the channel itself. Maintenance easements are to be kept free of obstructions.
         D.   Design Storm Frequency: Bank full for 10-year storm.
         E.   Manning's "n" Value:
            Sod or Jute Mat Lining   0.04
            Paved Lining         0.015 - 0.018
            Rock Protection      0.06
            Natural Channel      0.020 - 0.080
         F.    Minimum Gradient:
            Desirable    0.48%
            Minimum    0.24%
         G.   Maximum Allowable Flow Velocity:
            Refer to subsection (f)(7) hereof.
Minimum Allowable Velocity: 2 fps based on 2-year storm (Channel paving may be required to meet minimum flow velocity requirements).
      (8)   Detention and retention facilities. In developed and developing urban and suburban areas, several means for controlling stormwater runoff are available. This usually involves storing runoff on or below the ground surface. The following types of storage facilities may be considered:
         A.   Parking Lot Storage. This is surface storage utilizing shallow ponding in specifically graded areas of the parking lot. Controlled release features are incorporated into the storm system. Inconvenience to users during ponding, clogging of flow control devices and icy conditions during cold weather are potential problems. Parking lot design and construction grades are critical factors. This method is generally intended to control the runoff directly from the parking area and is not usually appropriate for large volumes.
         B.   Wet Ponds or Retention Basins. Storage capacity is available above normal water level. Special outlet devices control release rates. Potential problems include easements, safety and maintenance considerations. Due to larger land area requirements and the need to maintain a permanent water level, these facilities have broader applications for instream control involving larger watersheds. However, recreational and aesthetic benefits are often considerable.
         C.   Dry Basins or Detention Basins. These facilities are graded to allow a temporary storage of water only. Outlet devices regulate discharge rates and allow complete drainage of the facility when it is not raining. Dry basins are widely used and often incorporate multi-use purposes such as open space, playfields or parks.
         D.   Underground Tank Storage. Underground tanks or chambers may be prefabricated or constructed on site. Storage volume is provided in large diameter pipes, tanks, or chambers with outlet control devices. This method is generally expensive but may be considered where land values are high and more conventional basin designs would occupy too much land area. Storage trenches and rock filled underground facilities are variations of tank storage as they provide storage capacity in the void spaces between the rock materials. Low storage volume and clogging problems may limit feasibility of this type of facility.
         E.   Design Criteria: Detention/Retention Facilities:
            Design Frequency: 25-year storm--individual site
          development with 5 acres or less tributary area.
            100 year storm--watersheds over 5 acres.
             Release Rate: 2-year storm based on existing conditions, or                    as otherwise approved by the Village.
            Overflow: Provide flood routing/overflow for discharges
               and volumes exceeding design capacity of
               system.
            Parking Lot Storage: 6-inch maximum depth of ponding.
            All Basins: Shall be located within easements and
             maintenance details resolved prior to approval.
            Wet Basins: Fencing may be required around wet basins.
            Dry Basins: Paved flow channels and/or underdrains may
             be required to provide complete drainage.
   (e)   Erosion and Sedimentation Control.
      (1)   When Required. An erosion and sedimentation control plan may be required as a supplement to the street and drainage improvements plans. When required, the plan must contain sediment pollution control practices so that compliance with other provisions of these regulations and the Ohio Environmental Protection Agency's general permit for storm water discharges associated with construction activity under the National Pollution Discharge Elimination System (NPDES).
An erosion and sedimentation control plan shall be required for any of the following:
         A.   When a proposed development area consists of five (5) or more acres and earth-disturbing activities are proposed for the whole area or any part thereof, the responsible person shall develop and submit for approval a sediment control plan prior to any earth-disturbing activity.
         B.   When a proposed development area involves less than five (5) acres, it is not necessary to submit a sediment control plan; however, the responsible person must comply with the other provisions of these Regulations. All earth-disturbing activities may be subject to surveillance and site investigation by the Portage County Soil and Water Conservation District (PCSWCD) to determine compliance with these Regulations.
      (2)   Surety Required. A surety may be required for erosion and sedimentation control improvements. The surety necessary to cover the erosion and sedimentation control measures shall be included in the street and drainage improvements surety.
      (3)   Coordination with Other Drainage Plans. Procedures for developing erosion and sedimentation control plans shall be coordinated with other provisions of these Regulations.
      (4)   Submission to Soil and Water Conversation District. Three (3) copies of the erosion and sedimentation control plan shall be submitted to the Village. The Portage County Soil and Water Conservation District shall review and comment on the plans and may provide technical assistance to the developer, Commission, and the Village's Office.
   (f)   Erosion Control Plan Requirements. The erosion and sedimentation control plan shall be consistent with the street and drainage improvement plans, and conform to the subdivision grading plan, the criteria of the Soil Conservation Service Handbook, "Water Management and Sediment Control for Urbanizing Areas", and shall include:
      (1)   Standards and Criteria.
         A.   The preliminary plan or final plat for the site on which the work is to be performed;
         B.   Location of any buildings, structures, utilities, sewers, water and storm drains on the site where the work is to be performed;
         C.   Elevations, and/or contours, dimensions, locations, and extent of all work proposed, and the existing elevation and/or contours of the land;
         D.   An estimation of the quantity of excavation and fill;
         E.   Detailed plans of all drainage provisions, retaining walls, cribbing, vegetative practices, erosion and sediment control measures, location of fences around sediment basins, steep excavations, or ponding areas, and other protective devices to be constructed in connection with, or as a part of the proposed work, together with a map showing the drainage area of land tributary to the site, and estimated cubic foot per second runoff of the area served by any drain, computed in accordance with current Village storm drainage criteria;
         F.   A timing schedule and sequence indicating the anticipated starting and completion dates of the development sequence; stripping and/or clearing, rough grading and construction, final grading and vegetative establishment, seeding mixture and rates for both temporary and permanent seeding, lime and fertilizer application rates and kind and quantity of mulching, maintenance, and the time of exposure of each area prior to the completion of effective erosion and sediment control measures;
         G.   The engineer's estimated cost of the grading and/or filling and the estimated cost of the required erosion controls.
      (2)   Sheet and Rill Erosion. To control pollution of public waters by soil sediment from accelerated sheet and rill erosion on development areas, the responsible person shall:
         A.   Construct and maintain sediment basins sized in accordance with the United States Soil Conservation Service handbook, "Water Management and Sediment Control for Urbanizing Areas"; or
         B.   Apply and maintain a level of management and conservation practices such that the predicted average annual soil loss, accumulative monthly in accordance with the procedure in the United States Soil Conservation Service Handbook, "Water Management and Sediment Control for Urbanizing Areas", is less than fifteen (15) tons per acre the first year commencing from the time of initial earth disturbance, ten (10) tons per acre the second year and five (5) tons per acre for any other year of the development process. The management and conservation practices shall be designed, applied and maintained so that the entire development area and any part thereof is protected from accelerated erosion in accordance with the stated criteria; or,
         C.   Use other methods to control sediment pollution; this may include, but is not limited to, a combination of paragraphs (a) and (b) of this standard, provided those methods are acceptable to the approving agency.
      (3)   Concentrated Water Erosion. To control pollution of public waters by soil sediment from accelerated erosion in drainageways and grassed waterways and in streams and ditches disturbed or modified in conjunction with the development process on a development area, the responsible person shall:
         A.   Design, construct, and maintain concentrated water flow channels such that the velocity of flow does not exceed the permissible velocities,
         B.   Design, construct, and maintain sediment basins sized in accordance with the United States Soil Conservation Service Handbook, "Water Management and Sediment Control for Urbanizing Areas"; or,
         C.   Use other methods to control sediment pollution; this may include, but is not limited to, a combination of subsections (f)(3)A. and B. hereof, provided those methods are acceptable to the approving agency.
      (4)   Sloughing, Landsliding and Dumping. To control sediment pollution of public waters caused by sloughing, landsliding, or dumping of earth material, or placing of earth material into such proximity that it may readily slough, slide, or erode into public waters by natural forces, no person shall:
         A.   Dump or place earth material into public waters or into such proximity that it may readily slough, slide, or erode into public waters unless such dumping or placing is authorized by the Village for purposes such as, but not limited to, constructing bridges, culverts, erosion control structures and other in-stream or channel bank improvement works; or,
         B.   Grade, excavate, fill, or impose a load upon any soil or slope known to be prone to slipping or landsliding, thereby causing it to become unstable, unless qualified engineering assistance has been employed to explore the stability problems and make recommendations to correct, eliminate, or adequately address the problems. Grading, excavating, filling, or construction shall commence only after the Village has reviewed and approved the exploratory work and recommendations and only in accordance with the approved recommendations.
      (5)   Stream Channel and Floodplain Erosion. To control pollution of public waters by soil sediment from accelerated stream channel erosion and to control floodplain erosion caused by accelerated stormwater runoff from development areas, increased peak rates and volumes of runoff shall be controlled in conformance with the requirements of subsection (f)(7) hereof.
      (6)   Controlling Increases in Peaks and Volumes. Methods for controlling increases in stormwater runoff peaks and volumes may include but are not limited to:
         A.   Retarding flow velocities by increasing friction; for example, grassed road ditches rather than paved street gutters where practical; (low density development areas, access roads, etc.) discharging roof water to vegetated areas; or grass and rock lined drainage channels;
         B.   Grading and construction of terraces and diversions to slow runoff and use of grade control structures to provide a level of control in flow paths and stream gradients;
         C.   Induced infiltration of increased stormwater runoff into the soil where practical; for example, constructing special infiltration areas where soils    are suitable; retaining topsoil for all areas to be revegetated; or providing    good infiltration areas with proper emergency overflow facilities, and;
         D.   Provisions for detention and/or retention; for example, permanent ponds and lakes with stormwater basins provided with proper drainage, multiple use areas for stormwater detention and recreation, wildlife, transportation, fire protection, aesthetics, or subsurface storage areas.
      (7)   Permissible Velocities for Flowing Water.
         MAXIMUM VELOCITIES FOR GRASSED WATERWAYS
COVER
SLOPE
RANGE
(PERCENT)
PERMISSIBLE
VELOCITY*
EROSION
RESISTANT
SOILS
(FT. PER SEC.)
EASILY
ERODED
SOILS
(FT. PER SEC.)
Kentucky Bluegrass
0-5
7
5
Tall Fescue
5-10
6
4
Smooth Brome
Over 10
5
3
Grass Mixtures
0-5
5
4
Reed Canary
5-10
6
3
Redtop*
 
 
 
Red Fescue
0-5
3.5
2.5
 
* Use velocities exceeding five (5) feet per second only where good cover and proper maintenance can be obtained.
* Do not use on slopes steeper than ten percent (10%) except for vegetated side slopes in combination with a stone, concrete, or highly resistant vegetative center section.
* Do not use on slopes steeper than five percent (5%) except for vegetated side slopes in combination with a stone, concrete, or highly resistant vegetative center section.
      (8)   Permissible Velocities for Vegetated Stream Channels.
         A.   Drainage areas less than one (1) square mile. The maximum permissible design velocity shall be based on site conditions and shall be such as to result in stability of the ditch bottoms and side slopes. Maximum permissible velocities will be computed using bank-full stage or 10-year frequency stage, whichever is lower. The following table will be used as maximum velocity for all drainage main or lateral designs. Vegetation shall be established immediately after construction.
PERMISSIBLE VELOCITIES FOR VEGETATED STREAM CHANNELS
SUBSOIL TEXTURE
MAXIMUM VELOCITY
(FT. PER SEC.)
Sand and sandy loam (non colloidal)
2.5
Silt Loam (also Highlime Clay)
3.0
Sandy clay loam
3.5
Clay loam
4.0
Stiff clay, fine gravel and graded loam to gravels
5.0
Graded silt to cobbies (colloidal)
5.5
Shale, hardpan, coarse gravel
6.0
 
         B.   Drainage areas greater than one (1) square mile. Channel velocities for newly constructed channels with drainage areas in excess of one (1) square mile shall meet special stability requirements contained in U.S. Soil Conservation Technical Guide, Technical Release #25, "Planning and Design of Open Channels." Channels that cannot be designed to meet the maximum velocity limitation must be stabilized with materials other than vegetation. Such materials include crushed concrete, rip rap, gabions, etc.
   (g)   Subdivision Grading Plan.
      (1)   General. Proper grading of the subdivision is important to ensure a safe building site and a usable yard area. Improper grading of a subdivision can result in severe erosion and maintenance problems, or create a need for costly corrective measures such as additional drainage facilities, retaining walls, and the like. In some cases, improper grading can cause newly constructed homes to be unsuitable for habitation. The subdivision grading plan is general in nature, and is intended to serve as a guideline for establishing lot grading and erosion control plans. It should allow for the independent improvement of each lot.
      (2)   Plan Required. A subdivision grading plan shall be prepared for every proposed subdivision.
      (3)   Submission Procedure. The subdivision grading plan shall be submitted as a part of the final engineering and construction plans.
      (4)   Conformity with Master Drainage Plan. The subdivision grading plan shall conform to the master drainage plan and other applicable drainage plans and street improvements planned for the proposed subdivision.
   (h)   Subdivision Grading Plan Requirements. The subdivision grading plan shall show:
      (1)   The approximate location of the proposed structure for each lot and the type of block grading for each block in the proposed subdivision.
      (2)   The direction of flow, indicated by arrows.
      (3)   Proposed elevations shown by broken contour lines.
      (4)   Existing elevations shown by solid contour lines.
      (5)   Proposed drainage easements of the appropriate alignment and width necessary for the expected use and maintenance of proposed drainage facilities.
   (i)   Individual Lot Grading Plan. An individual lot grading plan is normally required by the Portage County Building Department when filing an application for a building permit. In some cases, the Commission will require that lot grading plans be submitted with the subdivision plan.
      (1)   Conformity with Master Drainage and Subdivision Grading Plan. Individual lot grading plans shall conform to the Master Drainage Plan and Subdivision Grading Plan.
      (2)   Individual Lot Grading Plan Requirements.
         A.   Individual lot grading plans shall conform to the requirements of the U.S. Housing and Urban Development (HUD) Manual of Acceptable Practices, 1973.
         B.   The plan shall be drawn at a scale of not less than 1" = 20 feet, unless otherwise allowed by the Chief Building Inspector.
         C.   In addition to the HUD requirements, the plan shall show:
            1.   Drainage easements on side and rear lot lines where necessary.
            2.   Existing topographical contours at 2' intervals. Sufficient elevation shall be shown on the plan to indicate all proposed swale locations and drainage directions, including all proposed surface grade breaks.
            3.   Spot elevations of the existing and finished grade where less than a two percent (2%) slope exists, curb or edge of pavement elevations, and proposed ground elevations at the right-of-way.
            4.   The proposed locations and dimensions of all buildings, paved areas, wells, sewage disposal facilities, drainage tile, and other improvements.
            5.   Side elevations of that portion of any structure which is adjacent to the 100-year routing path, as shown on the Master Drainage Plan. No basement entrances shall be permitted adjacent to the 100-year routing path. The minimum building elevation for the lowest floor level (including basement) when adjacent to the 100-year routing path shall be one (1) foot above the 100-year flood elevation as shown on the Master Drainage Plan.
            6.   The direction of surface water flow along proposed swales.
            7.   The swales necessary to carry surface water away from the building area, sanitary facilities and/or paved areas. All swale gradients must be shown. All swales must have a gradient of one percent (1%) or greater, unless otherwise allowed by the Chief Building Inspector.
   (j)   Common Access Driveways. Common access driveways to individual lots will only be allowed in situations where due to unique physical, environmental, historical, or traffic safety issues, the utilization of a standard roadway would be detrimental to the health, safety and general welfare of the area. If approved through the variance process by the Planning Commission, the common access driveway may not serve more than three (3) lots.
   (k)   Streets.
      (1)   General. All streets shall be considered in their relation to existing and planned streets, topographical conditions, public convenience and safety, and in their appropriate relation to the proposed uses of the land to be served by such streets. All streets shall meet or exceed the requirements established in these Regulations.
      (2)   Right-of-way Requirements. The arrangement, character, extent, width, grade and location of all streets shall conform to the Village Thoroughfare Plan, or subsequent thereof, and the Comprehensive Plan, as appropriate.
         A.   Right-of-way Dedication. When a subdivision abuts a public right-of-way which is identified on the Village Thoroughfare Plan, additional right-of-way for the street exceeding the existing right-of-way is required, the subdivider shall dedicate to the    Village the additional right-of-way.
         B.   Collector, Local and Marginal Access Streets. For any subdivision fronting along an existing Village, Township or County road not designated on the Village Thoroughfare Plan, provisions shall be made to set aside the necessary right-of-way for traffic, utilities, and drainage, in accordance with the minimum right-of-way for local streets established by these Regulations.
      (3)   Lot Access and Frontage.
         A.   Lot Access on Major Arterials. The creation of lots which would have direct access from a major arterial as identified in the Village Master Plan or as identified by the criteria in these Regulations, shall be discouraged.
         B.   Lots Abutting Arterials. Where a proposed subdivision abuts or contains an existing or proposed arterial street, the Commission may require:
            1.   Marginal access streets.
            2.   Reverse frontage lots with depth adequate to insulate the building area from the arterial.
            3.   Buffering and screening provisions as addressed in subsection (m)(2) hereof, or such other treatment as may be necessary for the separation of through traffic from the activities of the proposed building areas.
            4.   Driveways with turn-arounds.
         C.   Grassed Area. A grassed area having a minimum width of twenty (20) feet shall be provided between the pavement of the arterial street and the pavement of the marginal access street. The minimum width of the marginal access right-of-way shall be fifty (50) feet.
         D.   Subdivision Abutting Physical Barriers. Where a proposed subdivision abuts or contains an existing or proposed arterial street, the Commission may require:
            1.   Frontage roads or street approximately parallel to and on each side of such barrier, or
            2.   The placement of higher intensity non-residential uses or open space adjacent to such right-of-way in order to buffer residential uses,
            3.   Landscaping and buffering provisions as addressed in subsection (m)(2) hereof.
      (4)   Street Classification. Each street in a subdivision shall be classified and designed in accordance with the following tables:
               STREET DESIGN
 
CLASSIFICATION
MIN.
PAV’T
(FEET)
MIN.
R/W
(FEET)
MIN.
CENTER-
LINE
RADIUS
(FEET)
MAX.
GRADE
(PERCENT)
MIN.
GRADE
(PERCENT)
Major Arterial
52
100
1350
4
0.5
Minor Arterial
36
80
850
6
0.5
Collector
36
60
510
8
0.5
Other*
 
 
 
 
 
(with curb)
24
50
275
8
0.5
(w/o curb)
22
60
275
8
0.5
 
*Local Streets, frontage or service roads, loops or cul-de-sacs
         INTERSECTION DESIGN STANDARDS
DESIGN ELEMENT
STANDARD
Maximum Approach Speed
25 mph
Clear Sight Distance (length along each approach leg)
100 feet
Profile Grade Approach to Intersection
3% (max)
Minimum Angle of Intersection
Streets shall remain in the angle of intersection for at least 100 feet beyond point of intersection
75 degrees
(90 degrees preferred)
Minimum Curb Return Radius
 
(a) Curbed (face of curb)
25 feet
(b) Uncurbed (edge of pavement)
30 feet
Minimum centerline offset of adjacent intersections
 
(a) Local-local
160 feet
(b) Local-collector
200 feet
(c) Local-arterial
300 feet
(d) Collector-collector
300 feet
(e) Collector-arterial
1320 feet
Maximum degree of curvature
20 degrees
 
      (5)   Minor Street Design. Minor streets shall be so laid out that their use by through traffic will be discouraged. The Commission may require that the subdivider alter the street layout in order to discourage its use by through traffic.
      (6)   Provision for Future Subdivisions. Where the plat submitted includes only part of the tract owned or intended for development by the subdivider, a plan showing the future street system and general lot layout for the unsubdivided portion shall be prepared and submitted by the developer.
      (7)   Special Street Types. Street layouts providing adequate access, traffic flow and circulation patterns are important to fire, safety, road maintenance and snow removal forces and equipment. Also impacted by street layout are consumer services involving moving or delivery vans, refuse collection vehicles, and construction equipment or building supply and material delivery vehicles.
Alternate access routes for each lot is the ideal goal from a public health, safety and welfare, as well as convenience, point of view. With these factors in mind, the policy of the Commission is to encourage sound design practices and principles avoiding extensive or complex dead end street systems and/or excessive cul-de-sac lengths.
         A.   Dead-end Street Systems, Cul-de-sacs, Stub Streets. Permanent dead-end streets without an approved cul-de-sac or other approved permanent turn-around facility shall not be permitted. Temporary dead-end stub streets shall be permitted only as part of an approved continuing street plan. Temporary turn-around provisions and cul-de-sac bulbs shall have a minimum paved diameter of 80'. The Village and Fire Chief may require a greater paved diameter.      
Many factors are involved in determining the maximum allowable length for a cul-de-sac or dead end street system. Such considerations as the total number of lots, size of lots, type of street section (side ditch or curbed usable pavement), right-of-way width, street gradients, size of turn-around, availability of water lines and fire hydrants, availability of sanitary sewers, etc., influence this issue of public health, safety and welfare concerning density of development and alternate access routes for fire and safety forces and equipment as well as snow fighting and street maintenance forces and equipment.
If allowed, a cul-de-sac or dead end street system shall not exceed nine hundred (900) feet in length.
In multi-phase subdivisions, short stub streets to facilitate future street extensions and connection of street systems may be considered, and if allowed, shall meet the following conditions:
            1.   Length of a stub street shall not extend more than two lots past the intersection,
            2.   Stub streets shall be allowed only if the potential future extension of the stub street is identified and its connection to an existing or planned street is shown on a proposed sketch plan, and is deemed feasible and practical by the Commission,
            3.   The plat shall contain the following note: Stub streets shall be extended and opened as public streets in subsequent phases of development or permanent cul-de-sac turnarounds shall be installed, and
            4.   A financial surety is provided in sufficient amount to guarantee the installation of the permanent cul-de-sac turnaround in the event such street is not extended in future phases of development.
         B.   Half Streets. Dedication of new half-streets shall not be permitted. Where a dedicated or platted half-street exists adjacent to the tract being subdivided, the other half shall be platted and constructed according to the provisions of these Regulations.
         C.   Service Roads or Alleys. As a general rule, alleys or service roads will not be approved in residential subdivisions unless specifically included in a planned development. Alleys may be required in commercial and industrial districts if other provisions cannot be made for adequate service access. Service roads for access to public utility facilities are exempted from these Regulations.
      (8)   Curb and Gutter. Mountable curb or standard curb and gutter street sections shall be required in all subdivisions having a density of two (2) dwelling units per acre or more. The Commission may waive this requirement.
      (9)   Street Names. The names of proposed streets in the subdivision shall not duplicate or closely resemble the names of existing streets in the Village or Portage County. New streets which are extensions of or in alignment with existing streets shall bear the name of the existing streets.
Confirm at the earliest date possible the use of proposed street names with the Village and the County Engineer's Office. It shall be the responsibility of the Village's Office to assure correct street names. All new streets shall be named in the following manner:
 
DIRECTION
OVER 1000 FEET
LONG
LESS THAN 1000
FEET LONG
North/South
Street
Place
East/West
Avenue
Court
Diagonal
Road
Way
Curving
Drive
Circle
 
      (10)   Required Shared Driveways. The Planning Commission may require a subdivider to create a shared common access driveway or common access point for multiple driveways due to the terrain, traffic conditions, the need to limit curb cuts, line of sight, or other site conditions.
      (11)   Sidewalks. The Commission may require sidewalks in residential subdivisions where the predominant lot width is under one hundred (100) feet or less. Sidewalks shall be required on both sides of each street when the average lot width is sixty (60) feet or less. Public sidewalks may be required for commercial or industrial lots, as may be deemed necessary by the Commission.
Sidewalks shall be composed of Portland Cement Concrete with a minimum width of four (4) feet and shall conform to Item 608 of the current "Construction and Material Specifications", State of Ohio, Department of Highways Manual. Sidewalks will not be required on any open ditch section.
      (12)   Pavement Specifications. Pavement shall meet or exceed the following criteria:
MINIMUM PAVEMENT COMPOSITION
 
Street
Type
Aggregate Base
Deep Strength
Concrete Base
Concrete
 
304
301
402
404
301
402
404
305
402
404
452
Local or Collector Street
4"
4"
1.5"
1.5"
6"
1.5"
1.5"
6"
1.5"
1.5"
6"
Minor Arterial Street
5"
5"
1.5"
1.5"
7"
1.5"
1.5"
7"
1.5"
1.5"
8"
Major Arterial or Industrial Street
5"
7"
1.5"
1.5"
9"
1.5"
1.5"
8"
1.5"
1.5"
9"
Note: 407 Tack coat is required over 305
301 - Bitum. Aggregate Base      404 - Asphalt Concrete
304 - Aggregate Base         407 - Tack Coat
305 - Concrete Base                     408 - Prime Coat
402 - Asphalt Concrete                 452 - Plain Concrete Coat
All items shall meet current Ohio Department of Transportation's "Construction and Materials Specifications" manual.
      (13)   Private Streets. There shall be no private streets, lanes or ways, nor any private easement of access used for the purpose of access to any subdivision including subdivisions exempt from platting under Ohio Revised Code Section 711.131 and these regulations, unless said private streets, lanes, ways or easement of access is constructed and maintained to Village road specifications and standards. The cost of maintenance of said private streets, lanes, ways or easements of access shall be borne equitably by benefiting property owners. Proper legal steps shall be taken to guarantee the continuing maintenance of any private street, lane, way or easement that may be permitted. Public easements of access, lanes or ways leading to public facilities such as pump stations, stand pipes and the like are exempted from these Regulations.
      (14)   Blocks. The following regulations shall govern the design and layout of blocks:
         A.   The arrangements of blocks shall be such as to conform to the street planning criteria set forth in subsection (k) hereof and shall be arranged to accommodate lots and building sites of the size and character required for the district as set forth in these Regulations or the Zoning Code, and to provide for the required community facilities.
         B.   Irregularly shaped blocks, those intended for cul-de-sacs or loop streets, and those containing interior parks or playgrounds, may be approved by the Commission if properly designed and located and if the maintenance of interior public spaces is covered by agreements.
         C.   No block shall be longer than fifteen hundred (1,500) feet and the block width shall accommodate two (2) tiers of lots, except where unusual topography or other exceptional physical circumstances exist.
         D.   Where blocks are over nine hundred (900) feet in length, a crosswalk easement no less than ten (10) 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.
         E.   For slope areas where the average topographic slope is fifteen percent (15%) or greater, refer to Hillside Regulations, subsection (b) hereof.
      (15)   Lots. The following Regulations shall govern the design and layout of lots:
         A.   The lot arrangement and design shall be such that all lots will provide satisfactory building sites, properly related to the topography and the character of surrounding development. All lots shall be numbered consecutively within a block.
         B.   All lots shall conform to or exceed the requirements of these Regulations and the zoning district requirements for the district in which they are located.
         C.   Each lot shall front on an approved thoroughfare unless otherwise allowed by the Commission. For slope areas where the average topographic slope is fifteen percent (15%) or greater, refer to the Hillside Regulations, subsection (b) hereof.
         D.   All side lot lines shall be at right angles to street lines and radial to curved street lines, except where the Commission determines that a variation to this rule would provide a better layout. The Commission may grant variation to this specific rule independent of normal subdivision variance procedures.
         E.   Double frontage and reverse frontage lots shall be required where they are essential to provide separation of residential, commercial or industrial development from traffic arteries. A buffer of at least twenty (20) feet, across which there would be no rights of vehicular access, shall be provided along the lot lines abutting such traffic arteries.
         F.   No corner lot shall have a width at the front minimum building setback line of less than seventy-five (75) feet.
      G.   No lot shall have an average depth which is more than three and one half (3-1/2) times its width as measured along the front minimum building setback line unless otherwise allowed by the Commission.
         H.   Lots for residence purpose shall be at least sixty (60) feet wide at all points between the front and rear minimum building set-back lines, in order to permit compliance with the side yard requirements of the Zoning Code; except, in areas zoned for Planned Unit Developments (PUD) for the purpose of constructing common-wall, cluster or patio single family structures or variations thereof, wherein the lot width, depth, set-back, side yard, rear yard distances shall be governed by the Zoning Regulations that are applicable.
         I.   For each reserve established within a subdivision, there will be wording on the plat indicating what the intended future use of the reserve shall be.
         
   (l)   Easements.
      (1)   Utilities. Easements of at least ten (10) feet in total width, along rear or side lot lines shall be provided where necessary for sanitary sewer, storm sewers, water lines, gas mains, electric lines, telephone and telecommunications facilities.
      (2)   Watercourse Easement. When deemed necessary by the Village, easements shall be provided along every watercourse, drainage channel, stream, or other environmentally sensitive area.
      (3)   Utility Placement. All proposed utilities within the boundaries of the subdivision shall be placed underground unless otherwise allowed by the Commission.
   (m)   Screening and Buffering Provisions.
      (1)   When Required. When screening and buffering provisions are required by the Zoning Code, the screening and buffering provisions shall be shown as a part of the preliminary plan if a preliminary plan is submitted. In the event a preliminary plan is not submitted, a landscaping plan shall be submitted with the final plat.
The Commission may require screening and buffering provisions for any lot abutting a thoroughfare, a limited access highway, a railroad, or other major physical barrier or significant noise source.
No screening and buffering provisions shall be permitted in any State,     County, Village or Township right-of-way unless otherwise allowed by the entity having jurisdiction over any such right-of-way.
      (2)   Types of Screening and Buffering. The subdivider may utilize walls, fences, mounding, landscaping, trees, or any combination thereof to accomplish the required screening and buffering, provided that it meets with the following criteria:
         A.   If screening is to be accomplished by use of vegetation, the vegetation should be sufficient to achieve the required standards within a reasonable period of time.
         B.   If screening is to be accomplished using mounding, mounds generally should not exceed a three (3) foot horizontal to one (1) foot vertical slope ratio. Steeper slopes may be allowed if justified by the screening plan. The mounds shall be seeded upon completion and all applicable erosion control practices, as determined by the PSWCD shall be utilized. All mounding and landscaping shall permit accomplishment of proper lot drainage.
   Vehicular sight distance shall not be impaired by any screening or buffering provisions.
   (n)   Planned Unit Development and Conservation Subdivisions.
      (1)   Use. The planned unit development and conservation development approach as set forth in the Village Zoning Code are encouraged by the Commission.
      (2)   Coordination of Flexible Zoning Application with Subdivision Approval. It is the intent of these Regulations that subdivision review be carried out simultaneously with the review of flexible zoning applications under the Zoning Code. The plans required for flexible zoning application shall be submitted in a form to satisfy the requirements of the Subdivision
         Regulations.
      (3)   Flexibility of Standards and Requirements. Where deemed necessary by the Commission, the design standards and improvements specifications of these Regulations may be altered to allow for flexibility for subdivisions in areas zoned for planned development and conservation development, providing such alterations are in keeping with the spirit and intent of these Regulations and providing such alterations meet the requirements of the zoning code as may be amended.
If sufficient detail is provided during rezoning, and Village approvals are obtained, a subdivision variance will not be required.
   (o)   Provisions for Alternative Energy Systems.
      (1)   Policy. The Commission and the Village encourage the use of alternative energy sources, such as solar, geothermal and wind energy. It is Commission's policy to make subdivision design standards flexible where necessary to make the use of alternative energy systems feasible.
      (2)   Variances. The Commission may vary subdivision design standards necessary to accommodate alternative forms of energy without requiring a formal variance application, provided that the proposal meets with all applicable zoning requirements and provided that the subdivider supply sufficient written intentions to the effect that alternative energy systems will be utilized as proposed.
      (3)   Maximization of Opportunities. Street and lot layouts in all subdivision proposals should reflect an attempt to maximize opportunities to utilize alternative forms of energy. Due consideration should be given to southern exposures and south facing slopes.
   
   (p)   Trees. Trees shall be planted outside of the street right-of-way or any sewer or water easements that may be adjacent to the street right-of-way and planted in such manner as not to impair visibility at any corner or corners. It is strongly recommended that all subdividers or developers retain existing trees on each lot. The Commission may require that certain trees and/or species remain unharmed. The Commission will cooperate in giving advice on species of trees which are acceptable for plantings.
   When forested or wooded areas are developed, special consideration and provisions should be made in order to maximize the economic and aesthetic value of the trees and avoid creating maintenance liabilities for future homeowners. Trees which have grown in a forested or wooded environment, especially large mature trees, are often highly susceptible to stress factors such as soil compaction, changes in grade elevation, wind throw and sunburn. These stress factors are generally created by development activities but can be minimized with proper construction and urban forestry management techniques.
(Ord. 99-15. Passed 9-14-99.)

1143.06 LAND SUITABILITY.

   Land which the Commission finds to be unsuitable for subdivision or development due to flooding, improper drainage, steep slopes, geologic conditions, soil conditions, water quality or quantity, utility easements, or other features which will reasonably be harmful to the safety, health and general welfare of the present or future inhabitants of the subdivision and/or its surrounding areas, shall not be subdivided or developed unless methods adequate to resolve the problems are formulated by the developer and approved by the Commission, upon the recommendations of the pertinent Technical Review Agency(s).
   (a)   Watercourses.
      (1)   Natural Drainageways. The subdivider shall make all provisions necessary to assure that all natural watercourses and drainageways, wet streams, creeks, ditches or swales, continue to function in their natural manner. When ever changes are contemplated for any of the above watercourses, plans for such changes shall be submitted to and approved by the Village, Army Corps of Engineers or any other authority that may have jurisdiction.
      (2)   Easements Required. Where deemed necessary by the Village, a watercourse easement shall be provided according to the specifications of the Village.
   (b)   Hillside Regulations.
      (1)   Cuts and Fills. No land should be graded, cut or filled so as to create a slope exceeding a vertical rise of one (1) foot for each two and one half (2-1/2) feet of horizontal distance between abutting lots, unless a retaining wall of sufficient height, thickness and design is provided to retain the graded bank, or other acceptable control measures are provided.
   Major cuts, excavation, grading, and filling where the same materially changes the site and its relationship with surrounding areas or materially affects such areas, shall not be permitted if such excavation, grading, and filling will result in a slope exceeding a vertical rise of one (1) foot for each two and one half (2-1/2) feet of horizontal distance between abutting lots or between adjoining tracts of land, except where adequate provisions are made to prevent slides and erosion by cribbing and retaining walls or other acceptable measures.
      (2)   Compaction of Fill. All fill shall be compacted to a density of ninety percent (90%) or greater.
      (3)   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 Village and shall be designed by a licensed professional engineer.
      (4)   Driveways. The maximum grade on driveways shall not exceed ten (10%) percent for residential drives and eight (8%) percent for commercial and industrial drives. (Ord. 99-15. Passed 9-14-99.)

1143.07 DEDICATION OF PARKS OR OPEN SPACE.

   (a)   Statement of Policy. With respect to residential subdivisions and developments to which these Regulations apply, developers or subdividers may be required to dedicate lands for parks, playgrounds, or as open space or deposit monies with the Village in lieu of dedication of lands.
   (b)   Open Space. In the interest of public welfare, at least ten percent (10%) of the area of every subdivision, exclusive of road rights of way, shall be set aside as open space for recreational purposes. Such land set aside shall be suitable for use as parks or playgrounds. Such land shall be dedicated for public use, or reserved for the common use of all property owners or tenants within the proposed subdivision.
   (c)   Dedication to the Public. If the area set aside is dedicated for public use, it shall be dedicated to and accepted by the Village. If the Village refuses to accept any such dedication, then such areas shall either be reserved for the common use of all property owners or tenants of the proposed subdivision or a payment in lieu of land dedication shall be made to the Village for capital improvements to existing public open spaces, parks or playgrounds.
   (d)   Reservation for Common Use. Reservation of open space for common use may be accomplished by conveyance of such area to a property owners' association or the developer may employ any other legal device by which such area is effectively reserved for the common use of all property owners, such as a land trust. Any such legal device shall provide where such area is reserved for the common use of all property owners within the subdivision, covenants that run with the land shall be endorsed on the plat and inserted in the deed to every purchaser of property within the subdivision requiring each property owner to pay a proportionate share of the maintenance cost of such open space.
   (e)   Payment In Lieu of Dedication or Reservation. If the area proposed for development does not include a site identified by the Land Use and Thoroughfare Plan as public open space and if the Village refuses to accept the dedication of land to the public, the developer may make a cash payment to the Village in lieu of setting aside the required open space. The amount of the payment in lieu of dedication or reservation shall be based on the appraised value of the land that otherwise would normally be required to be dedicated or reserved for open space by these Regulations.
   The appraisal shall reflect the after improvement value of a typical lot within the proposed subdivision and shall be expressed in dollars per square foot. Once the average value per square foot of land has been determined, it shall then be multiplied by the total square footage of land that otherwise would be required to be dedicated or reserved as open space. The amount that is determined by this calculation shall be the amount of the payment in lieu of dedication or reservation.
   (f)   Preservation of Natural Features. Due consideration shall be given by the developer and the Planning Commission to preserving outstanding natural features such as scenic spots, water bodies or exceptionally fine stands of trees.
(Ord. 99-15. Passed 9-14-99.)

1143.08 SUBDIVISION IMPROVEMENTS.

   (a)   Subdivider's Agreement. As a condition prior to the signing of the final plat, the subdivider of the land covered by the said plat shall pay all applicable fees and execute and submit to Village Council three (3) signed copies of a subdivider's agreement which shall be binding on his or her heirs, personal representatives and assigns, a part of which agreement shall be set forth that unless otherwise allowed by the Village, no building shall be occupied or receive a certification of occupancy until all improvements required under these Regulations have been made in the manner prescribed by these Regulations.
   (b)   Methods for the Installation of Improvements. Prior to the recording of the final plat, the subdivider shall, pursuant to Section 711.101 of the Ohio Revised Code, install or provide for the installation of improvements by one (1) of the two (2) following options:
      (1)   Option A.  
         A.   If the subdivider has submitted and obtained preliminary plan approval from the Commission, and the improvement plans have been submitted and approved and prior to the submission, approval and signature of the final plat by Village Council, the subdivider may opt to complete all the required improvements and provide for the maintenance and/or dedication of these improvements, free and clear of all encumbrances on the property, or the subdivider may opt to provide a surety to the Village guaranteeing the installation of any required improvements so that the final plat may be submitted for review prior to the completion of improvements. The amount of surety to be provided shall be in an amount equal to one-hundred twenty-five percent (125%) of the approved engineer's cost estimate for the construction, installation, and inspection of any and all improvements associated with the proposed subdivision.
   B.   Such surety shall comply with all statutory requirements and shall be satisfactory to the Village in form, content and manner of execution. The Village Solicitor shall approve all such sureties as to their form and manner of execution.
         C.   If such surety is provided to the satisfaction of the Village, the subdivider may submit the final plat for review and approval prior to the completion of the necessary improvements. Once the plat has been approved, it may be recorded.
      (2)   Option B.
         A.   If the subdivider has not submitted the optional preliminary plan but has filed improvement plans with the Village and has received improvement plan approval, the applicant, prior to the submission or approval of the final plat, shall provide a surety to the Village guaranteeing the installation of any required improvements. The amount of surety to be provided shall be in an amount equal to one-hundred twenty-five percent (125%) of the approved engineer's cost estimate for the construction, installation, and inspection of any and all improvements associated with the proposed subdivision.
         B.   Such surety shall comply with all statutory requirements and shall be satisfactory to the Village in form, content and manner of execution. The Village Solicitor shall approve all such sureties as to their form and manner of execution.
         C.   If such surety is provided to the satisfaction of the Village, the subdivider may submit the final plat for review and approval prior to the completion of the necessary improvements. Once the plat has been approved, it may be recorded.
   (c)   Completion Period. If a surety has been provided, all required improvements must be completed within two years of the date of final plat approval.
   (d)   Surety Reduction. The surety may be reduced from time to time by the cost of construction completed and approved, as determined by the Village. The Engineer, in addition to the actual work completed, may consider paid invoices for materials that have been installed as well as any other information the subdivider may wish to provide to assist in the determination of a fair and reasonable surety reduction amount.
   (e)   Subdivision Plat Vacation. At anytime after providing a surety and recording of a subdivision plat and prior to the transfer of any land in the subdivision, a subdivision plat may be vacated in its entirety, upon the mutual agreement of the subdivider and the Village. Said surety may be released in its entirety after said subdivision plat vacation is completed in accordance with Chapter 711 and other applicable statutes of the Ohio Revised Code. All plat vacations shall be subject to the procedure and requirements for filing a final plat. Preliminary plan requirements shall be excluded for plat vacations.
   (f)   Hold Harmless. The subdivider shall hold the Village free and harmless from any and all claims for damages of every nature arising or growing out of the construction of such improvements, and shall defend, at his/her own cost and expense, each and every lawsuit brought against said Village by reason thereof until the improvement has been accepted by the Village and Village Council.
   (g)   Maintenance. The subdivider shall maintain all improvements in the subdivision or proposed subdivision and provide for snow removal in the same until Village Council has granted final acceptance of the improvements. The Village, where appropriate, shall require the subdivider to submit a warranty/maintenance surety in an amount not exceeding three percent (3%) of the original cost of the improvements which shall be in force for no more than one (1) year following the final acceptance of any required improvements and shall guarantee satisfactory performance of the said improvements.
   (h)   Conditions.    All of the required street and drainage improvements to be installed under the provisions of these Regulations shall be subject to the inspection of the Village. All of the Village's expenses incurred as a result of the improvements shall be paid either directly, indirectly or by reimbursement to the Village by the subdivider.
   No final plat shall be signed by Village Council until Council has received reports signed by the Village certifying that all required improvements have been installed as stipulated under these Regulations and meet the requirements of the Village.
   (i)   Procedure for Street and Drainage Improvements.  
      (1)   All typical sections and major engineering details or drainage systems to be used on any particular street must receive approval by the Village prior to completion of the construction improvement plans. The subdivider's representative is encouraged to meet with the Village to discuss details in the process of forming the construction plans.
      (2)   The subdivider shall submit two sets of prints together with drainage calculations, maps delineating areas tributary to the proposed storm system, and any existing facilities within and adjacent to the proposed site    to the Village for review. These prints shall be in accordance with street and drainage requirements put forth in these Regulations. Within thirty (30) days, the Village shall review the prints and inform the subdivider of changes necessary in the improvement plans if there are any. Upon receipt of the Village review comments, the subdivider shall submit revised plans as per the Village recommendation along with a title sheet for signing by the Village. The Village shall make a determination within fifteen (15) days regarding the revised improvement plans. If required changes have been made as stipulated by the review comments, the aforementioned signatures shall be affixed to the revised plans and title sheet. If the subdivider opts to install improvements prior to final plat approval,    he shall complete the required improvements within two years of the date    of improvement plan approval.
      (3)   If the subdivider opts to execute a surety, they shall do so in accordance with the provisions of these Regulations and shall complete said improvements within two (2) years from the date on which the surety    is executed and approved by the Village. No construction is to occur prior to improvement plan approval
      (4)   Upon approval of the improvement plans, the subdivider shall deposit with the Village two percent (2%) of the estimated construction costs to initially cover the cost of inspecting said improvements. If more funds are needed to cover the costs of inspection, they will be requested by letter which shall show how inspection time has been used to date. All monies deposited for inspection of improvements that is not used shall be returned to the subdivider. All inspection time and services will be charged at a rate current with the cost of personnel and equipment used.
      (5)   The subdivider shall notify the Village of each construction phase requiring inspection as determined by the Village's requirements, at least two (2) working days prior to when the inspection is needed.   
      (6)   The subdivider shall notify the Village when, in the subdivider's opinion, all of the required improvements have been installed. The Village shall conduct a final inspection of the improvements within two (2) weeks after receiving this notice from the subdivider. If the work is found to be satisfactory and all inspection fees have been paid, the Village shall recommend final acceptance of the improvements to Village Council. Failure to reject any defective work or material shall not in any way prevent later rejection when such defects are discovered, or obligate the Village to accept defective improvements.
      (7)   Certified "as built" drawings shall be supplied to the Village prior to final acceptance of the improvements. No improvements may be installed except as provided for in the approved improvement plans or as may be later approved by the Village in writing. The "as built" drawings shall include locations (both vertical and horizontal), dimensions and material specifications for all required improvements.
   (j)   Boundary and Subdivision Surveys.
      (1)   General.
         A.   Property surveying activities conducted within the Village shall be performed by, or under the direction and close supervision of, a registered professional surveyor.
         B.   Surveying activities conducted in the Village shall meet the "Minimum Standards for Boundary Surveys in the State of Ohio", as set forth in the Ohio Administrative Code Section 4733-37.
         C.   The subdivision Plat shall show reference to the nearest existing road intersection.
         D.   The surveyor shall research at the Zoning Inspector's Office and County Engineer's Office for existing road plans and monumentation prior to commencing the survey.
         E.   If a Village survey control monument is available within one (1) mile of the proposed subdivision, all associated surveys are required to tie into the existing monumentation. If Village monumentation does not exist and a County survey control monument is available within one (1) mile, then the survey is to be tied to the County monumentation.
      (2)   Monumentation.
         A.   All monuments shall meet the "Minimum Standards for Boundary Surveys in the State of Ohio."
         B.   All monuments shall be set by or under the direct supervision of a registered professional surveyor. Said surveyor shall certify to the Village in writing that all required monumentation has been set prior to final approval and acceptance of the improvements or the release of the surety guaranteeing the installation of the improvements.
         C.   A minimum of four (4) permanent monuments shall be set to control the subdivision plat. Additional monuments shall be set to properly control the original survey and any interior streets being platted as may be required by    the Village or these Regulations.
         D.   All permanent monuments to be set shall be indicated on he final subdivision plat. For street alignment control, the surveyor shall set permanent monuments in the centerlines of intersecting streets and in the centerline of a street at the point it changes direction (PC, PI and PT).   
         E.   The final subdivision plat shall delineate between survey monuments found or set, and identify the type of each monument.
   (k)   Improvement Plan Requirements.
      (1)   General.
         A.   All improvement plans shall be prepared, signed and sealed by a registered professional engineer. Plans shall include title sheet, index map at 1" = 200' scale, location map, typical sections, plan and profile view, bench marks, miscellaneous engineering details, and estimates of quantities and costs. Cross sections shall be submitted upon request by the County Engineer. All typical sections and major engineering details to be used on any particular street shall be approved in advance before completion of the construction plans.
         B.   All materials and construction procedures shall be in accordance with the current "Construction and Material Specifications" of the State of Ohio, Department of Transportation unless otherwise approved in advance by the Village or his representative. The title of the plan 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 approval by the proper authorities.
         C.   An estimate of the quantities of all work specified or indicated on the construction plans shall be shown.
         D.   The necessity of guardrail seeding, erosion control, type of backfill or other special conditions, shall be determined with the assistance of the Village or his representative before completion of the construction plan.
         E.   The construction plan shall show the drainage area and design "Q" for all major culverts.
      (2)   General Standards for Drawings. The construction drawings and plans shall be made with India ink on linen, mylar or some other equally substantial and distinct material from which clear and legible prints may be obtained. Freehand linear drawings will not be accepted. The sheets upon which the construction drawings are made shall measure 24 inches x 36 inches. All construction drawings shall meet the following general standards:
         A.   No shading or coloring shall be allowed.
         B.   Drawing background shall be light and uniform in color and the lines and lettering shall be dark and opaque. This will provide the optimum contrast needed.
         C.   All lines and lettering shall be on the face of the drawing material.
         D.   All lettering and drawings shall be made with black India ink. All signatures shall be made with black, non-smearing ink.
      (3)   Conformance of Construction to Plan. 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 streets shall be graded the full width of the right-of-way with all trees within the right-of-way removed. The setting and marking of all line, profile and grade stakes necessary for the layout of the work in accordance with the construction plans will be performed under the supervision of a registered engineer or 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 Village in such cases shall be final.
      (4)   Plan and Profile Views. The plan view shall be drawn to a scale of 1" = 50'. Other scales will be used only with the approval of the Village or his representative in advance of the plan preparation. The plan view shall show the proposed road, street or alley alignment, right-of-way and pavement widths, centerlines, bearings, stationing, curve or radius data, existing and proposed drainage. Pavement details for cul-de-sacs, the turnarounds or other pertinent data shall be drawn    to a scale of 1" = 20'. Any other significant feature or factor, shall also be shown on the plans. The centerline of road, street or alley construction shall coincide with the     centerline of the right-of-way. Any proposed or existing utilities          within the road right-of-way, and a points of crossing storm sewers, shall be shown in the plan and profile views. Any changes from the same shall be at the discretion of the Village or his representative. The profile view shall have a horizontal scale of 1" = 50'. The vertical scale shall be 1" = 5'. The existing and proposed centerline profile, elevations, gradient, existing and proposed drainage lines and vertical curves shall be shown. Future profile grades shall be established a sufficient distance beyond the development to eliminate abrupt grade changes. If portions of the work fall outside the corporate limits of the Village or abut a Township or County road, plans shall be submitted to the Portage County Regional Planning Commission for their review.
      (5)   Typical Sections. The typical sections shall meet the current requirements as set forth by the Village.
      (6)   Street Plans. Refer to Sections 1143.05 (k)(12) and 1143.05 (k)(11) for street pavement and sidewalk specifications.
         A.   Curb and Gutter. Curb, or mountable curb and gutter, may be required as part of any road or street construction if, in the opinion of the Village, such type of construction is deemed desirable. Mountable curb may only be used on local streets, frontage roads, service roads, loop roads and cul-de-sacs. When an uncurbed section is used, storm pipe may be required under both side ditches. When the driveway is constructed, an inlet shall be placed on the upstream side of the driveway, unless otherwise allowed by the Village.
         B.   Driveways. The maximum grade on driveways shall not exceed fourteen percent (14%). Driveway pipe shall be reinforced concrete pipe or equal with a    minimum diameter of twelve inches (12"). On a normal ditch section, pipe shall extend a minimum of five (5) feet on each side of the driveway. Variations in ditch geometry may require additional length.
         C.   Vertical Curves. Vertical curves shall be used in local or collector streets at all points on the gradient where the algebraic difference is one percent (1%) or greater. Vertical curves shall be used at all change in gradients for arterial or industrial streets. The minimum length of any vertical curve shall be one hundred (100) feet.
         D.   Construction of Additional Streets and Roads. Where deemed necessary or desirable, the Village or his representative may require construction of part or all of any intersection, road, street, or alley in order to assure no hardships or added expense be endured by abutting property owners, the Village, Township or County on some future date. (Ord. 99-15. Passed 9-14-99.)

1143.09 SEWAGE DISPOSAL AND WATER SUPPLY POLICIES.

   (a)   Wastewater Disposal Policies.
      (1)   Where a public central sanitary sewer system (See Section 1143.03 (b)) is reasonably accessible, and capacity is determined to exist, the subdivider shall connect to it and provide sewage collection facilities for each lot in the proposed subdivision. The determination of whether or not capacity exists or can be readily constructed, shall be made by the Village. If a central sanitary sewer system is available, the Commission will disapprove a subdivision if individual wastewater treatment systems are proposed.
   Where a public sanitary sewer system is not reasonably accessible, but may become available within a reasonable time (not to exceed twenty (20) years, as shown in the wastewater facilities plan for the area), easements for central sewer shall be provided on the subdivision plat. Where wastewater facilities planning has not been completed, sanitary sewer easements may be required along major drainage courses or right-of-way on the recommendation of the Village.
      (2)   Where public central sanitary sewers are not reasonably accessible and are not planned or anticipated for a period in excess of ten (10) years, the subdivider may be required to install a package treatment plant and collection system in accordance with these Regulations and the Regulations of the Village and the Ohio E.P.A. The plant shall be located to facilitate future connection with public sanitary facilities or the extension of future collection sewers to the treatment facility. Packaged wastewater treatment systems shall be required when the number of subdivided parcels is twenty (20) or more.
      (3)   Packaged wastewater treatment systems may be required on subdivided parcels of less than twenty (20) units if determined cost effective by the Village.
      (4)   If a public sanitary sewer is accessible and a sanitary sewer is placed in a street or alley abutting upon the property, the owner thereof shall be required to connect to the said sewer for the purpose of disposing of waste, and it shall be unlawful for any such owner or occupant to maintain upon any such property an individual sewage disposal system.
   (b)   Water Supply Policies.
      (1)   Where a public central water system (See Section 1143.03 (b)) is determined to be reasonably accessible, the subdivider shall connect to it and provide water mains accessible to each lot in the proposed subdivision. The determination of whether or not the central system is reasonably accessible shall be made by the Village.
      (2)   Where a public central water system is not reasonably accessible, but will become available within a reasonable time (not to exceed ten (10) years), easements for the extension a central water system shall be provided on the subdivision plat.
      (3)   Where a public central water supply system is not reasonably accessible and will not become accessible for a period in excess of ten (10) years, the subdivider may install a community system in accordance with these Regulations and the regulations of the Village, the County Board of Health and the Ohio Environmental Protection Agency.
   (c)   Test Wells for Low Yield Areas. When Ohio Capability Analysis Program (OCAP) maps, or other geologic information shows that groundwater yields may be questionable for the proposed development, the Commission may require the subdivider to drill a minimum of three (3) test wells, or more, as may be required to determine sufficient water supply is available. The test wells should be drilled at locations and depths necessary to determine the horizontal and vertical dimensions of any water bearing strata proposed as a source of water supply. The Commission, on the advice of the Village, may require the construction of central water facilities, including a water tower or storage wells, where necessary.
(Ord. 99-15. Passed 9-14-99.)

1143.10 SANITARY SEWER IMPROVEMENTS.

   (a)   Subdivider's Agreement. As a condition, prior to the Village signing of the final plat, the subdivider of the land covered by the said plat shall pay all applicable fees and execute and submit to Village Council three (3) signed copies of a Subdivider's Agreement which shall be binding on his or her heirs, personal representatives and assigns, part of which agreement shall be set forth that unless otherwise allowed by the Village, no building shall be occupied or have received a certificate of occupancy until all improvements required by these Regulations and accepted by the Village Council for operation and maintenance, and a lateral connection inspected and approved by the Village has been constructed to service the building.
   (b)   Methods for the Installation of Improvements. Prior to the recording of the final plat, the subdivider shall, pursuant to Section 711.101 of the Ohio Revised Code, install or provide for the installation of improvements by one of the following methods:
      (1)   Option A: Completion of Improvements.
         A.   If the subdivider has submitted and obtained preliminary plan approval from the Commission, and the improvement plans have been submitted and approved by the Village and the Ohio E.P.A. and prior to the submission, approval and signature of the final plat by Village Council, the subdivider may opt to complete all the required improvements and provide for the maintenance and/or dedication of these improvements, free and clear of all encumbrances on the property, or the subdivider may opt to provide a surety to the Village guaranteeing the installation of any required improvements so that the final plat may be submitted for review prior to the completion of improvements.
         B.   The amount of surety to be provided shall be in an amount equal to one-hundred twenty-five percent (125%) of the approved engineer's cost estimate for the construction, installation, and inspection of any and all improvements associated with the proposed subdivision.
         C.   Such surety shall comply with all statutory requirements and shall be satisfactory to the Village in form, content and manner of execution. The Village Solicitor shall approve all such sureties as to their form and manner of execution.    
         D.   If such surety is provided to the satisfaction of the Village, the subdivider may submit the final plat for review and approval prior to the completion of the necessary improvements. Once the plat has been approved, it may be recorded.
      (2)   Option B.
         A.   If the subdivider has not submitted the optional preliminary plan but has filed improvement plans with the Village and the Ohio E.P.A. and has received improvement plan approval, the applicant, prior to the submission or approval of the final plat, shall provide a surety to the Village guaranteeing the installation of any required improvements. The amount of surety to be provided shall be in an amount equal to one-hundred twenty-five percent (125%) of the approved engineer's cost estimate for the construction, installation, and inspection of any and all improvements associated with the proposed subdivision.
         B.   Such surety shall comply with all statutory requirements and shall be satisfactory to the Village in form, content and manner of execution. The Village Solicitor shall approve all such sureties as to their form and manner of execution.
         C.   If such surety is provided to the satisfaction of the Village, the subdivider may submit the final plat for review and approval prior to the completion of the necessary improvements. Once the plat has been approved, it may be recorded.
   (c)   Completion Period. The period within which required improvements shall be completed shall not exceed one (1) year from the date of final approval. Approval of the subdivision may be rescinded if all improvements have not been installed and formally accepted by the Village within this one (1) year period. The Village and Village Council may grant extension(s) to the one (1) year period.
   (d)   Surety Reduction. The surety may be reduced from time to time by the cost of construction completed and approved, as determined by the Village. The Village in addition to the actual work completed, may consider paid invoices for materials that have been installed as well as any other information the subdivider may wish to provide to assist in the determination of a fair and reasonable surety reduction amount.
   (e)   Subdivision Plat Vacation. At any time after providing a surety and recording a subdivision plat, prior to the transfer of land in the subdivision, and prior to initiation of the construction of required improvements, a subdivision plat may be vacated in its entirety upon the mutual agreement of the subdivider and the Village. Said surety may be released in its entirety after said subdivision plat vacation is completed in accordance with applicable statutes of the Ohio Revised Code.
   (f)   Hold Harmless. The subdivider 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 such improvements, and shall defend, at his/her own cost and expense, each and every law suit brought against said Village by reason thereof until the improvements have been accepted by the Village, and the Village Council.
   (g)   Maintenance. The Village may, where appropriate in the opinion of the Village, require the subdivider to submit a warranty/maintenance surety in an amount not exceeding three percent (3%) of the original cost of the improvements which shall be in force for no less than one (1) year following the final acceptance of any required improvements and shall guarantee satisfactory performance of the said improvements.
   (h)   Conditions.  
      (1)   All of the required sanitary improvements to be installed under the provisions of these Regulations shall be subject to the inspection of the Village.
      (2)   All of the Village's expenses incurred as a result of the inspection of the improvements shall be paid to the Village by the subdivider.
      (3)   The Subdivider's Agreement establishes an escrow fund for the use of the Village for their expenses for inspecting the construction. No final plat shall be signed by the Village Council until Council receives reports signed by the Village certifying that the improvements described therein or the agreements and documents which provide for the installation of improvements as stipulated under these Regulations meet the requirements of the Village.
   (i)   Improvements Procedure.
      (1)   Approvals Necessary. Prior to initiating construction on any portion of the sanitary sewer system improvements, the subdivider shall obtain the approvals of the Village and the Ohio E.P.A. The Village will not perform inspections on the improvements until all State approvals are obtained. The approvals for wastewater treatment plants and sewer line improvements must be obtained through the Ohio E.P.A. following local approval. All (State) review and approval fees shall be paid by the subdivider, including the "PERMIT TO INSTALL" application and review fees which are obtained in the name of the Village.
      (2)   Construction Plans. The subdivider is encouraged to meet with the Village prior to developing the General Plan for service to the subject area. The subdivider should be prepared at this time to present the property location, proposed use(s), unit densities allowed by zoning/proposed densities, time frame of development and any plans for phasing of the platting and/or constructing the improvements. The Village will discuss general procedures and requirements for planning the sanitary improvements to Village specifications along with known general requirements of other jurisdictions, such as the Ohio EPA.
      (3)   Submission of General Plan. After discussing the proposed improvements with the Village, the subdivider shall submit two (2) sets of prints and design data of the proposed sanitary sewer improvements General Plan to the Village, said submittal to be in accordance with the sanitary sewer requirements of these Regulations and the Regulations of the Village. If a package wastewater treatment facility is involved, preliminary manufacturer's data may be requested by the Village.
      (4)   General Plan Minimum Requirements. As a minimum, the general plan shall meet the following requirements:
         A.   Design Data. The data and calculations upon which the sewer line is based shall be submitted to the Village at the time of the General Plan. The information shall be typewritten on 8-1/2" x 11" paper and shall include the following:
            1.   Average domestic flow in each sewer.
            2.   I/I flow in each sewer.
            3.   Peak flow in each sewer.
            4.   The capacity of each sewer.
         B.   A 2' contour topographical map with a 1" = 100' scale to show the tributary area.
         C.   Proposed lot layouts and building types (i.e., residential, apartments, commercial, industrial, etc.).
         D.   Proposed sewer sizes percent of grade and invert elevations.
         E.   Location and size of any sewer pump station and force main.
         F.   Location, type and capacity of any temporary wastewater treatment facilities.
         G.   The General Plan shall be prepared by an engineer registered in the State of Ohio.
      (5)   Village General Plan Review. Within ten (10) working days, the Village shall review the submission and inform the subdivider of changes or modifications, if any, which are necessary in the General Sanitary Improvements Plan. When all changes and modifications have been performed by the Subdivider to the satisfaction of the Village, the Village shall inform the subdivider that he may proceed with the preparation of detailed plans in accordance with the approved General Plan.
      (6)   Village Detailed Plan Review. The Village shall review and comment within thirty (30) calendar days on the adequacy of the detailed plans. When all changes have been made as stipulated during the review, the Village signature shall be affixed to the plans and title sheet.
   (j)   Final Plan Approvals.  
      (1)   The subdivider may then request the Village to submit the plans to the Village Council for their review and approval. The Village Council shall act upon the improvements plan at their next regular meeting, providing provisions of the open meeting requirements of the Ohio Revised Code can be met. When all necessary signatures have been obtained, the subdivider shall submit six (6) copies of the signed plans to the Village Office, along with the required copies of the O.E.P.A. forms and applications. The Village shall then submit the plans, data sheets and permit applications to the O.E.P.A. for their approvals. The State review fees shall be paid by the subdivider at the time of submission to the O.E.P.A. Post review fees (permit to install) required by the State, shall be paid by the subdivider.
      (2)   If the subdivider options to install improvements prior to final plat approval, he shall complete the required improvements within one (1) year from the date on which the Village Council approved the improvements plan.
      (3)   If the subdivider options to provide a surety guarantee, he shall do so in accordance with the provisions of these Regulations and complete the said improvements within one (1) year from the date on which the plan is approved and accepted by the Village. The construction of the improvements shall not commence until the final State approvals are obtained and all requirements of these Regulations governing the installation of improvements are satisfied.
   (k)   Inspection of Construction. The subdivider shall notify the Village of each construction phase requiring inspection at least two (2) working days in advance or as required by the Village requirements. In no case shall work be covered or obscured prior to the inspection. The subdivider shall deposit with the Sanitary Engineer the amount estimated by the Village for the construction inspection.
   (l)   Operation and Maintenance Costs.
      (1)   Wastewater Systems with Package Wastewater Treatment Facilities (Requires additional agreement with Village Council). Upon acceptance of the facilities by the Village Council and prior to the installation of the first building connection, Village Council shall require the subdivider to deposit a non-refundable operation and maintenance, reserve fund fee to cover the first year's estimated operation, maintenance and repair costs. Village Council, upon acceptance of the facilities, shall establish the connection fees and the minimum monthly rental charges to be collected from each and every buildable lot which shall at a minimum be adequate to cover the yearly operation maintenance and repair costs and may include charges for future connection to interceptor sanitary sewers and other utilization fees as may be appropriate. Said monthly charges to be billed to each and every lot (on the basis established by the Rules and Regulations of the Village of Hiram Sewer District) whether a building has been connected or not.
      (2)   Wastewater Systems with Lift Stations and Force Mains to Existing Interceptor Sewers. The subdivider shall be required to make monthly, quarterly or yearly payments to cover the operation, maintenance and repair costs of the lift station and force main until the revenue from the area tributary to the lift station is adequate to cover said costs. The monthly sewer rental charges and the capacity fees will be those established for the Village's System.
   (m)   Public Rights of Way. Any and all portions of work which are located in public streets, roads, highways or easements shall be done and the surface repaired in accordance with the requirements of the appropriate jurisdiction and at the expense of the subdivider. All permits required for said work shall be obtained by the subdivider, and if necessary, and required, obtained in the name of the Village.
   (n)   Permits Required. No connection shall be made to any sanitary sewer until a qualified sewer tapper has applied for and has received the appropriate permit.
   (o)   "As-Built" Tracings, Affidavit of Costs. Within thirty (30) days after completion of the construction work for any of what may be several construction phases, the subdivider shall submit to the Village a complete set of tracings, on mylar, revised as constructed, together with two (2) sets of prints on paper. The subdivider shall provide an affidavit itemizing the cost of the sanitary improvements and declaring that all labor and materials have been paid.
   (p)   Testing and Cleaning. Each main line shall be cleaned and tested prior to acceptance of the improvement by the Village. The type and manner of cleaning and testing to be done shall be determined by the Village.
   (q)   Conveyance.
      (1)   Systems. Upon satisfactory completion of the construction phase and receipt of the "as built" drawings and the affidavit of cost, the Village shall issue Certificates of Completion. The subdivider shall then convey to the Village all right, title and interest in such systems.
      (2)   Package Plants and Lift Stations. Subject to the requirements of the Village and State of Ohio, the subdivider shall transfer and convey to the Village the wastewater treatment plant, and/or the Lift Stations, together with those parts of the sanitary sewer and water systems defined as follows: The sewage force main; the sanitary sewer from the Lift Station; all connection piping; and all appurtenances thereto (excluding private laterals), including temporary and permanent access roads, and the real estate upon which the plants/lift stations have been constructed.
   (r)   Additional Improvements and Extensions. The Village may connect, extend or authorize the connection or extension and use of any sanitary sewers or water systems conveyed to the Village, provided said action does not serve property in the same subdivision. In the event that O.E.P.A. orders improvements to the sanitary sewer and plants prior to the conveyance to the Village, the cost will be borne by the subdivider, his heirs, or assignees.
   (s)   Occupancy. Prior to the occupancy of any building in the subject development, the subdivider shall construct the sanitary sewer and plant required to serve such dwelling and all connections thereto shall be inspected and approved.
   (t)   Sanitary Sewer and Water Improvement Plans. All plans shall be prepared by a professional engineer registered in the State of Ohio.
      (1)   Drawing Criteria. The construction drawings and plans shall be made with India ink on linen, mylar or some other equally substantial and distinct material from which clear and legible prints may be obtained. Freehand linear drawings will not be accepted. The sheets upon which the construction drawings are made shall measure 24 inches x 36 inches. Marginal lines shall be drawn around the entire sheet leaving a border of one and one-half inch (1-1/2") on the left side and one-half (1/2") on all other sides. All drawings shall show a north arrow and all elevations shown thereon shall be based on U.S.G.S. elevations. All construction drawings shall meet the following general standards:
         A.   No shading or coloring shall be allowed.
         B.   Drawing background shall be light and uniform in color and the lines and lettering shall be dark and opaque. This will provide the optimum contrast needed.
         C.   All lines and lettering shall be on the face of the drawing material.
         D.   All lettering and drawings shall be made with black India ink. All signatures shall be made with black, non-smearing ink.
      (2)   Conformance of Construction to Plan. 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. The setting and marking of all line, profile and grade stakes necessary for the layout of the work in accordance with the construction plans will be performed under the
supervision of a registered engineer or 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 Village in such cases shall be final.
      (3)   Plan and Profile Views. The plan view shall be drawn to a scale of 1" = 50' with the horizontal profile view drawn to a scale of 1" = 50' and the vertical profile view drawn to a scale of 1" = 5'. Other scales will be used only with the approval of the Village or his representative in advance of the plan preparation. The plan and profile sheets shall show all proposed improvements and shall have the following minimum requirements:
         A.   The centerline of the road shall be the principal center of the plan with the abutting lots accurately plotted.
         B.   The principal profile shall be the centerline of the road. The existing centerline profile shall be shown dashed and the finished grade shown solid. The finished grade elevations shall be shown every twenty-five (25) feet on vertical curves and every fifty (50) feet on tangents. The P.I. elevation and tangent grade shall be shown. The finished grade elevation at all centerline intersections shall be shown. The location, station and name of each intersecting street shall be shown on the profile. Any other significant feature or factor shall also be shown on the plans.
         C.   The storm sewer system serving the road and adjacent lots shall be shown on the plan and profile. The profile of the storm sewer system shall show the station, centerline offset, number, type of structure (inlet or manhole), invert elevation of each pipe, for each inlet or manhole and the size length and grade of pipe in the system. The location of the pipe and inlets, etc., shall be accurately plotted on the plan. The top elevation of inlets shall be required for all ditch type storm sewer systems. The top elevation of inlets on paved roads will be determined from centerline profile grade and typical section. If pavement warping is required to provide adequate surface drainage, top elevations and detail curb grades will be required.
         D.   The sanitary sewer system serving the lots shown on the plan shall be shown on the plan and profile. The profile view of the sanitary sewers shall show the centerline station, centerline offset, manhole number, invert elevation of each pipe and for each manhole, and the size length and grade of pipe in the system. The location of all pipes manholes shall be accurately plotted on the plan. The top of all manholes shall be plotted to the finished grade.
         E.   The water distribution lines serving the lots shown on the plan shall be accurately plotted on the plan. The location of all valves and fire hydrants shall be shown accurately. Valves shall be located in a convenient standard plan position throughout the system so that they may be located easily.
         F.   The location of all existing or planned gas lines, buried telephone, cable television and electric lines shall be shown on the plan view only unless profile views are needed to avoid conflict of grade.
         G.   Existing and finished grades shall be shown on plan view at rear lot corners unless a typical section for lot grading tied to the centerline grade is shown. Grading cross sections of the project may be used in lieu of this requirement. Before and after contour lines are not acceptable.
         H.   Sufficient dimensions shall be shown on the plan to permit construction without field calculations. Road centerline stations shall be accurately shown. Lot frontages and depth shall be shown. General survey information shown on the General Plan shall be    used to lay out lots.
         I.   Sufficient outlines of adjacent lots and streets shall be plotted on each sheet to clearly show the relation to other sheets and the     operation of the sewer system and/or water system.
         J.   Each sheet shall show the vertical and horizontal scales, the page numbering circle, the name of the subdivision, sewer district, the Village project name and number. The name of all streets and the number of each lot shall be shown. Vertical elevations of the profile line shall be shown each inch on each side of the sheet. The centerline station shall be plotted along the bottom of the front sheet. A north arrow shall be shown on each sheet. The name of the street and the beginning and ending stations shall be shown in the lower right hand corner of each sheet. The nearest benchmark to the area shown shall be described on each sheet.
         K.   Each sheet shall have a summary of quantities.
         L.   In the event the profile of a sanitary sewer, storm sewer or water line is independent of the profile of the road centerline, or the profile of the road centerline provides an inaccurate or distorted plan or profile view of the sanitary, storm or water system, separate plans and profiles may be required.
      (4)   Specifications. All specifications for sanitary improvements shall meet the minimum requirements set forth by the Village.
      (5)   Easements. All sanitary sewer and water easements shall be at least ten (10) feet wide. In cases where a greater easement is required the width of the easement shall be determined by the Village. All sanitary sewer easements shall be recorded and dedicated on the final subdivision plat. Easements necessary for constructing the system outside of the platted area shall be conveyed to the Village by Deeds of Easement.
      (6)   Underground Utilities. All underground utility lines, including service connections to property lines, that are to be located under any portion of surface improved public ways and which would require partial removal of the surface improvement for installation purposes, shall be installed prior to any surface improvement of the public way concerned. In the case of wiring, only the conduit need be installed prior to the surface improvement. In those instances wherein utility lines are to be located in an underground easement area over which there will not be any surface improvements, service connections should be extended to the easement boundaries, or five (5) feet beyond if determined necessary by the Village, and installed at the same time the utility line is installed.
         (Ord. 99-15. Passed 9-14-99.)

1143.11 VARIANCES AND REVISIONS.

   (a)   General. Where the Commission finds that extraordinary hardships or practical difficulties may result from strict compliance with these Regulations and/or the purpose of these Regulations may be served to a greater extent by an alternative proposal, it may approve variances to these Subdivision regulations so that substantial justice may be done and the public interest secured, provided that such variance shall not have the effect of nullifying the intent and purpose of these Regulations; and further provided the Commission shall not approve variances unless it shall make findings based upon the evidence presented to it in each specific case that:
      (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 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 Regulations are carried out.
      (4)   The variances will not in any manner vary the provisions of the Zoning Ordinance, comprehensive plans, or other applicable guidelines and regulations.
   Under no circumstances will variances be granted solely because of financial difficulties. In addition, the granting of an individual variance in no way sets a precedent for the granting of similar variances in the future.
   (b)   Conditions. In approving variances, the Commission may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements of these Regulations.
   (c)   Procedure for Variance Approval.
      (1)   Filing and Fees. The applicant shall file for the subdivision variance at the time the proposed subdivision plan/plat is submitted. Applications are available at Village Hall. A fee as stipulated by Village Council, shall be payable at the time the application for the variance is submitted.
      (2)   Fee Exemptions. Applications for a variance from the 3-1/2-to-1 depth to width ratio provisions of these Subdivision Regulations shall be exempt from the fee    requirements and technical review provisions, but shall be subject to all other variance procedures. Applications for 3- 1/2-to-1 variances must be filed at least fourteen (14) working days in advance of the next regular Village Planning Commission meeting.
   (3)   Technical Review Committee Meeting. When a variance application is submitted to the Zoning Inspector, the Zoning Inspector shall notify the Chairperson of the Planning Commission. A meeting of the Technical Review Committee will then be scheduled. At such meeting, the Technical Review Committee members shall review and comment on the variance application.
      (4)   Planning Commission Meeting. Following the Technical Review meeting, the variance application, together with the recommendations of the Technical Review members, shall be placed on the agenda of and heard at the next regular meeting of the Planning Commission. The Commission shall act upon the variance application within thirty (30) days of initial submission. (Ord. 99-15. Passed 9-14-99.)

1143.12 VIOLATIONS AND PENALTY.

   (a)   Misrepresentation. No subdivider shall represent that any improvements in the subject subdivision have been constructed, inspected or supervised according to the plans and specifications that have not been so constructed, inspected or supervised.
   (b)   Penalty. Any violations of these Regulations or Chapter 711 of the Ohio Revised Code is subject to the penalties as set forth in said Chapter 711.
   (c)   Appeal. Any person who believes they have been aggrieved by these Regulations has all the rights of appeal as set forth in Chapter 711 of the Ohio Revised Code.
   (d)   Notices. The Zoning Inspector may serve a written notice or order upon the person responsible whenever he or she is satisfied that any work is being done or any transactions are being made in violation of the provisions of these Regulations or in violation of a detailed statement or plan submitted and approved by the Commission or Village. Such notice shall direct the discontinuance of any illegal action and the remedying of the condition that is in violation of the provisions and requirements of these Regulations. In case such notice or order is not promptly complied with, the Zoning Inspector shall notify the other public offices, utility companies and other officials concerned therewith and shall request the same to withhold their approval and stop all services to the property where such violations are concerned and to refuse such services until Regulations are complied with. The Zoning Inspector may also request the Village Solicitor to institute the appropriate action or proceeding of law or equity to restrain, correct, remove or prosecute such violation. (Ord. 99-15. Passed 9-14-99.)

1143.13 ENACTMENT.

   These Regulations shall become effective from and after the date of their approval and adoption by the Village Planning Commission and the Village Council after public hearing and certification to the Village Clerk. Henceforth, any other subdivision regulations previously adopted by the Village of Hiram Council or the Village of Hiram Planning Commission shall be deemed to be repealed.
(Ord. 99-15. Passed 9-14-99.)