Millersburg City Zoning Code
TITLE NINE
Subdivision Development Requirements
APPENDIX A STREET CLASSIFICATION SYSTEM
STREET CLASSIFICATION SYSTEM
WIDTHS AND GRADES
STREET CLASS | ADT RANGE | MINIMUM R.O.W. (FT.) | PAVEMENT WIDTH (FT.) | MINIMUM LANE WIDTH | MINIMUM GRADE |
Arterial | 5,000+ | 100 | 60 | 12 | .5% |
Major Collector | 1,000-5,000 | 80 | 41 | 11 | .5% |
Minor Collector | 500 - 1,000 | 60 | 41 | 11 | .5% |
Local | under 500 | 50 | 30 | 11 | .5% |
Cul-de-sac | under 500 | 50 | 31 | 11 | .5% |
Alley | under 100 | 16 | 10 | 10 | .5% |
Industrial | NA | 80 | 41 | 12 | .5% |
CODIFIED ORDINANCES OF MILLERSBURG
1191.01 REQUIRED IMPROVEMENTS.
The Owner/Developer who desires to subdivide or develop any land within the Village shall provide and pay the entire cost of improvements to such land as follows:
(a) Streets and parking areas, graded full width and paved, including drainage structures, bridges, sidewalks, curbs and other improvements as may be required by these regulations and/or the Village Standard Plans and Specifications;
(b) Sanitary sewers, including manholes, services and all appurtenances;
(c) Water distribution system including mains, services, valves, fire hydrants and all appurtenances;
(d) Storm drainage improvements, including both enclosed and non-enclosed systems, as well as all appurtenances to such systems;
(e) Monuments, stakes and property pins;
(f) Street signs designating the name of each street at each intersection within the development and other traffic control signage as determined necessary by the Village Administrator.
(g) Street lighting including poles, underground conduits and appurtenances;
(h) Utilities, including electric, telephone and cable television services;
(i) All other improvements shown on the plans as approved by the Village.
The Owner/Developer shall provide for the future extension of streets and water, sanitary sewer and storm drainage lines from his/her site to adjacent property as deemed necessary by the Planning and Zoning Board. (Ord. 2004-111. Passed 7-26-04.)
1191.02 OBLIGATIONS OF OWNER/DEVELOPER.
The Owner/Developer of the land being developed shall be subject to the following obligations:
(a) All construction work and materials used in connection with improvements shall conform to the requirements of the Village and be installed under the general supervision of the Village Administrator. The Owner/Developer shall be responsible for the payment of all fees incurred by the Village pertaining to inspection of the improvements
(b) The Owner/Developer, or his agent, shall give five (5) working days notice to the Village for any inspection to be conducted. The Owner/Developer shall also insure that no work shall be covered or obscured prior to inspection by the Village.
(c) The Owner/Developer shall hold the Village free and harmless from any and all claims for damage of every nature arising or growing out of the construction of improvements or resulting from improvements and shall defend, at his own cost and expense, any suit or action brought against the Village by reason thereof;
(d) All improvements and utilities will be satisfactorily installed within one (1) year from the date of approval of the Construction Plans or within such other time schedule as specifically approved by the Planning and Zoning Board.
(e) As an alternative to the construction and approval of the required public improvements prior to recording the final plat, an acceptable performance assurance equal to one-hundred percent (100%) of the estimated cost of all required improvements, as approved by the Village Administrator, shall be deposited with the Village. Such performance assurance shall consist of one of the following:
(1) A performance or construction bond equal to the estimated construction cost as approved by the Village Administrator for the public improvements. Such bond shall be without time limit;
(2) A certified check equal to one hundred percent (100%) of the estimated construction cost as approved by the Village Administrator for the public improvement; or
(3) Subject to the approval of the chief fiscal officer of the Village, a certification to the Village by the institution, person or corporation financing the construction of the public improvements. Such certification shall consist of a subdivision bond, irrevocable letter of credit, or escrow account in favor of the Village, stipulating that the funds in the amount of the estimated construction cost are available and set aside from all other funds;
A. That these funds will not be released to the Owner/Developer, or their agent, unless said release is signed by the Village;
B. That such release by the Village only certifies that as best as the Village can determine, the construction was completed to the Village's satisfaction and does not relieve the Owner/ Developer of the Village's maintenance guarantee requirement;
C. That ten percent (10%) of all monies released will be placed in an escrow account for use by the Village should there be cause for the Village to have to finish any work through the default, neglect or negligence of the Owner/Developer, or their agents;
D. That only the Village shall have the right to release the funds in the escrow account; and
E. That acceptance of the public improvements by the Village and the posting of the one year maintenance guarantee shall constitute release of the funds in the escrow account lacking any formal release by the Village.
(f) All permits and approvals shall be obtained and all fees and deposits paid prior to beginning any construction of any improvements;
(g) During construction and prior to acceptance of any public improvement, the Owner/Developer shall remove or cause to be removed such dirt and debris and foreign matter from all public rights of way, improvements and/or easements as were deposited, left or resulted from the construction of improvements of any nature within the development. Such removal shall take place within twenty-four (24) hours after being notified by the Village that such work is required, and shall be completed to the satisfaction of the Village Administrator.
(h) All public improvements shall be guaranteed by the Owner/Developer for a period of one year from the date such improvement is accepted, in writing, by the Village. Such guarantee shall consist of a maintenance bond, certified check or other acceptable instrument, for ten percent (10%) of the total cost of the improvements. Such guarantee shall include any and all defects and deficiencies in workmanship and materials. The cost of all labor, materials, equipment and other incidentals required to maintain, repair and replace any or all of such improvements and to maintain them in good and proper condition, excluding ordinary wear and tear, but including filling trenches and restoring lawns, sidewalks, yards, streets, sewers, pipe lines, etc., during the one year guarantee period shall be assumed by such Owner/Developer. In the event the Owner/Developer fails to make such maintenance, repairs or replacements within a reasonable time after notice in writing by the Village, or in the event of an emergency which may endanger life or property, the Village may make or cause to be made, such repairs or replacements from the above guarantee.
(i) The Owner/Developer shall execute a development agreement with the Village, specifying the terms and conditions required under this Chapter.
(j) The Owner/Developer shall furnish to the Village final plats and as-built tracings of the construction drawings.
(k) No person or owner shall violate any of the regulations established in this Section and, upon violation, the Village shall have the authority to:
(1) Stop all work on the development site forthwith;
(2) Hold the bonding company responsible for the completion of the public improvement according to the approved construction drawings and the agreement.
(Ord. 2004-111. Passed 7-26-04.)
1191.03 COSTS TO BE SHARED BY THE VILLAGE.
In consideration for the agreement by the Owner/Developer of the land being developed to install utilities and/or streets to sizes and configurations in excess of the needs of the land being developed, the Village shall share in the cost of the excess size and configuration of the utilities and/or streets as stipulated herein:
(a) A utility or street shall be considered excessive to needs of the land being developed when any of the following conditions exist:
(1) The Village specifically requires a greater width, size or configuration of street for the purpose of meeting the future needs of the Village as provided for a comprehensive or thoroughfare plan, or similar study, as adopted by Village Council;
(2) There is additional pavement width and depth and/or additional length of storm sewers and other improvements required for all thoroughfares;
(3) The Village requests that a water line be more than eight (8) inches in diameter, when such size is not required to meet the needs of the land being developed;
(4) A sanitary sewer line is more than ten (10) inches in diameter, unless this size is required for the land being developed by reason of grade or trench loading requirements of the land being developed, or because of anticipated sewerage flows from the land being developed;
(5) Other conditions warrant cost sharing and such conditions are approved by Village Council.
(b) The Village shall share in the cost of improvements by:
(1) Paying for all the material costs only for the size difference of the waterline, sanitary sewer pipe and the appurtenances thereto between what is required for the land being developed and what is excessive to the needs of the land being developed;
(2) Paying for all materials F.O.B. the plant, factory, supply depot or warehouse for such other improvements that are excessive to the land being developed;
(c) Nothing in this section shall be interpreted, read or construed to obligate the Village for expenses incurred by the owner, developer, contractor, subcontractor or other persons because of:
(1) Equipment or labor cost due to the oversizing or increased depth of waterlines or sewers;
(2) Equipment, labor or material cost due to improperly and/or unacceptable installed improvements including the removal and replacement thereof; or
(3) Any improvements installed prior to the approval of the cost sharing by the Village.
(d) Upon approval by Planning and Zoning Board of the preliminary plat for the land being developed, the following procedure shall be followed:
(1) The Village Administrator shall identify all improvements eligible for cost sharing, and shall estimate the cost of the Village's portion of such improvements;
(2) If applicable, an ordinance shall be submitted to Council for approval, appropriating funds to cover the Village's portion;
(3) Upon completion and acceptance of the work and quantities thereof by the Village Administrator, the costs shall be certified to the chief fiscal officer of the Village.
(e) Failure of the Owner/Developer of the land to provide the Village with copies of billings, invoices, contracts, agreements or such other evidence of construction costs as the Engineer deems necessary within six (6) months of completion and acceptance of the improvements by the Village, shall constitute just cause to declare the Village's agreement to cost share as provided herein null and void and no reimbursement shall be made or monies paid without reapproval by Council.
(Ord. 2004-111. Passed 7-26-04.)
1193.01 CONFORMITY WITH REQUIREMENTS.
The design standards and requirements of this Chapter shall apply to all subdivisions of land as defined in Chapter 1113.
(a) Conformity with Village Standards. All public improvements undertaken in any subdivision shall conform to the standards of this Chapter and the Village Standard Plans and Specifications.
(b) Conformity with Zoning and Plans. No final plat of land within the area in which an existing zoning code or resolution is in effect shall be approved unless it conforms with such code or resolution. The design of a proposed subdivision shall be in general conformity with adopted land use and/or comprehensive plan(s) prepared by the Village for the area.
(Ord. 2004-111. Passed 7-26-04.)
1193.02 GENERAL SUBDIVISION DESIGN.
The development of the subdivision shall be based on an analysis of environmental characteristics of the site. To the maximum extent possible, development shall be located so as to preserve the natural features of the site, avoid areas of environmental sensitivity, and minimize negative impacts on and alteration of natural features. The following specific areas should be preserved as undeveloped open space, to the extent consistent with reasonable utilization of the land, in accordance with other applicable state or local regulations:
(a) Wetlands, as defined in Section 404, Federal Water Pollution Control Act Amendments of 1972, subject to field verification by the U.S. Army Corps of Engineers, or other agency authorized to make such determination;
(c) Slopes in excess of fifteen percent (15%) unless appropriate engineering methods are employed to address erosion, stability and resident safety;
(d) Historically significant structures and/or sites, as listed on, or eligible for inclusion, on the National Register of Historic Places;
(Ord. 2004-111. Passed 7-26-04.)
1193.03 LAND NOT SUITED FOR DEVELOPMENT.
If the Planning and Zoning Board finds that land proposed for subdivision development is unsuitable due to flooding, poor drainage, topography, unsuitable soils, inadequate public facilities, and/or other condition that may be detrimental to the general health, safety or welfare of the public, and if it is determined that the land should not be developed for the purpose proposed, the Planning and Zoning Board shall not approve such subdivision unless adequate methods are proposed by the Owner/Developer for alleviating the problems that would be created by development of the land.
(1) No subdivision or part thereof shall be approved if the proposed subdivision development will, individually or collectively, significantly increase flood flows, heights or damages.
(2) No subdivision, or part thereof, shall be approved which would substantially affect the storage capacity of the flood plain
(3) Building sites used or intended to be used for human occupation shall not be permitted in floodway areas. Sites for these uses may be permitted outside the floodway if the sites or structures are elevated to such height that the lowest floor of the structure is least one (1) foot above the 100-year base flood elevation, as established by the Federal Emergency Management Agency (FEMA), the Ohio Department of Natural Resources (ODNR), or other authorized agency, in a flood study or report approved by the Village. Required fill areas must extend fifteen (15) feet beyond the limits of the structure(s).
(4) When the Planning and Zoning Board determines that only part of a proposed plat can be developed in compliance with these requirements, it shall limit development to only that portion, and shall require that the method of development is consistent with its determination.
(5) The Planning and Zoning Board may attach other reasonable conditions as is appropriate to the approval of plats within areas subject to flooding. Such conditions may include, but are not limited to, requirement for the construction of dikes, levees or other similar measures, or floodproofing of structures, as recommended by the Village Administrator.
(Ord. 2004-111. Passed 7-26-04.)
1193.04 EROSION AND SEDIMENTATION CONTROL.
Measures shall be taken by the Owner/Developer to minimize erosion and its impacts during subdivision construction activity. The Village Administrator may require detailed erosion and sedimentation plans to be submitted if it is determined that the size and/or scale of the proposed subdivision warrants such action. Generally, such a plan shall be required for major subdivisions comprising more than twenty-five (25) lots or more than fifteen (15) acres, or if the subdivision is located where average slope exceeds five percent (5%). Such plans shall be prepared by a Professional Engineer, and indicate the techniques to be used to control erosion both during construction and permanently, and include a schedule for installing same. Erosion control plans shall be based on the control of erosion on-site, with the objective of eliminating or minimizing erosion and sedimentation impacts off-site. Techniques, devices and/or measures used shall be reviewed and approved by the Village Administrator. All erosion and sedimentation control devices shall be in place at the start of construction activity.
(Ord. 2004-111. Passed 7-26-04.)
1193.05 SURFACE RUNOFF AND STORM DRAINAGE.
(a) Outlets. No subdivision shall be approved by the Planning and Zoning Board unless there is an adequate outlet for stormwater as determined by the Village Administrator. Generally it will be necessary to pipe storm water to an adequate watercourse, stream or existing storm system which has the capacity to accommodate the flow, or to utilize acceptable on-site water retention methods adequate to minimize excessive off-site stormwater flows.
(b) Preservation of Natural Drainage Courses. No natural drainage course shall be altered and no fill, buildings or structures shall be located unless provision is made for the flow of surface water, in a manner satisfactory to the Village Administrator. An easement shall be provided on both sides of the existing surface drainage course adequate for the purpose of future widening, deepening, enclosing or otherwise improving said drainage course. If such drainage course crosses private property, easements must be obtained by the Owner/Developer for construction and future maintenance. These easements must be shown on the Construction Plans, including the volume and page number of the recorded easement.
(c) Surface Routing Paths. Generally, it is not economically feasible to size a storm drainage system to collect and convey more than frequent storm runoff. The complete drainage system of a proposed subdivision shall contain two (2) separate drainage elements. Storm sewers comprise the initial system. Surface routing paths shall be provided to carry the stormwater runoff which exceeds the capacity of the initial system. The system of surface routing paths shall have the capacity to carry runoff from a storm with a return period of not less than one hundred (100) years, without causing significant threat to property or public safety.
(d) Grades. All surface areas not covered by hard surface improvements or stone shall be seeded or sodded and sloped to drain according to the following:
(1) Grass areas shall have a minimum slope or grade of eight-tenths of one percent (.8%).
(2) Grass areas next to buildings shall slope away from the building at not less than five percent (5%) for a minimum of ten feet.
(3) Ditches or swales in grassed areas with a bottom slope or grade between two percent and seven percent (2-7%) shall be sodded. Ditches or swales with a bottom slope or grade greater than seven percent (7%) shall have a paved or stone gutter. Underdrains shall be required in ditches or swales with a bottom grade of less than two percent (2%).
(e) Submittal of Drainage Data. Information and data pertaining to water volumes and velocities for all water-sheds entering and on the property, along with calculations to show that proposed drainage improvements will adequately address such flows, shall be submitted to the Village Administrator, along with required Construction and Grading Plans. Such drainage data shall be approved by a Professional Engineer. Storm drainage systems shall generally be designed so that the peak rate of stormwater runoff from the site after development, does not exceed the peak rate of runoff before development; however, the Village Administrator may grant administrative exceptions to this requirement when specific conditions warrant such action. The methods and techniques proposed to address surface runoff shall be designed to accommodate the five (5) year frequency storm and shall be consistent with stormwater design criteria established by the Village Administrator.
(f) Culverts. All culverts shall be constructed of concrete, and shall have the appropriate headwalls and other structures and improvements to protect the facility, as determined by the Village Administrator. (Ord. 2004-111. Passed 7-26-04.)
1193.06 STREETS.
(a) General. The arrangement of streets shall generally conform to the Thoroughfare Plan for the Village. For streets not indicated on the Thoroughfare Plan, the arrangement shall provide for appropriate extensions of existing streets.
(b) Classification, Street Widths and Street Grades. The arrangement and classification of all streets in newly developed areas shall conform to the Thoroughfare Plan. The Planning and Zoning Board shall make the final determination as to the classification of any new street, based on the potential development of the site, and its potential traffic volume, expressed in ADT (Average Daily Traffic), the character of the surrounding area, and the Thoroughfare Plan. Rights-of-way, pavement widths and street grades shall be as specified in APPENDIX A, which is hereby made a part of the Planning and Zoning Code.
(c) Alignment.
(1) The street pattern shall make provision for the continuance of streets into adjoining areas and for the connection to existing rights-of-way in adjacent areas.
(2) If a subdivision adjoins or contains an existing or proposed arterial or major collector street, direct access points to such street shall be minimized. The Planning and Zoning Board may require marginal access streets or reverse frontage with a planting strip of a minimum width of twenty (20) feet on the rear of those lots abutting the street, and no vehicular access across the strip.
(3) If a subdivision adjoins an existing or proposed arterial or major collector street, the Planning and Zoning Board may require the construction of separate turn lanes on such streets into the proposed subdivision.
(4) Local streets shall be laid out so as to discourage use by through traffic.
(5) Streets shall intersect one another at ninety (90) degrees, or as near to ninety (90) degrees as possible, but in no case less than seventy-five (75) degrees. The intersecting street must remain within these degree parameters for a distance of not less than one-hundred feet (100') from the intersection.
(6) Street jogs shall be discouraged. Where such jogs are unavoidable, in no case shall the centerlines be offset by less than 125 feet.
(7) The maximum length of a cul-de-sac shall be 600 feet, measured from the centerline of the intersecting street to the middle of the turn around.
(8) Half width streets shall be prohibited.
(d) Dedication. The necessary rights-of-way for widening or extension of all thoroughfares, as delineated in the Thoroughfare Plan, shall be dedicated to public use. When a subdivision fronts on an existing Village street, or County or township road, dedication shall be made to the proper authority so as to meet the adopted Village requirements.
(e) Blocks. Blocks shall not exceed 1,200 feet in length except where specific topographic conditions require a greater length.
(f) Street Names. The names of new streets shall not duplicate names of existing dedicated streets except that new streets which are extensions of existing streets shall bear the names of such existing streets. All new roadways shall be named according to the following manner:
DIRECTION | CUL-DE-SACS | ALL OTHER STREETS |
North/South | Place | Avenue |
East/West | Court | Street |
Diagonal | Way | Road |
Curving (over 1,000 ft.) | Drive | Drive |
Curving (under 1,000 ft.) | Way | Circle |
(g) Curbs, Gutters and Sidewalks. Curbs, gutters and sidewalks shall be required in all subdivisions, except those where lot width of at least eighty percent (80%) of the lots exceeds eighty (80) feet, unless the Planning and Zoning Board specifically grants a waiver. In no case shall a certificate of occupancy be granted for a building within a new subdivision where sidewalks are required, until such sidewalks on the lot are constructed and approved.
(h) Driveways.
(1) All driveways shall be at least three (3) feet from the side lot line.
(2) No driveway shall be approved providing direct access from a single or two family residential lot to a street designated on the Thoroughfare Plan as an arterial or major collector street, except where no alternative access is available. (Ord. 2004-111. Passed 7-26-04.)
1193.07 LOTS.
(a) All lots shall have the required frontage on an improved public street or an approved private street.
(b) Lots in subdivisions located within the Village of Millersburg shall meet the dimension and area requirements of the zoning district in which such subdivision is located. Residential lots that are located outside the zoning authority of the Village of Millersburg but within the subdivision jurisdiction of the Planning and Zoning Code shall conform to the zoning requirements of the jurisdiction in which they are located. All lots shall also meet the following requirements:
(1) All residential lots shall be approximately rectangular in shape, and should not have a depth in excess of three (3) times their width, except where extra depth is necessary due to topography and/or natural conditions, or to meet other requirements of the Planning and Zoning Code.
(2) Double frontage and reverse frontage lots should be avoided, except where required to provide separation from arterial streets, or to overcome specific conditions of topography and/or orientation. In such cases, an easement shall be provided along the rear lot line across which there shall be no vehicular access.
(3) Whenever possible, residential subdivisions shall be designed so that corner lots have a larger area than interior lots
(4) Whenever possible, side lot lines should be at right angles or radial to street lines.
(5) Necessary easements shall be provided along side and rear lot lines for utility lines.
(6) Easements shall be provided on both sides of any open drainage course, for the purposes of widening, deepening or general maintenance. Such easements shall be a minimum of ten feet (10') on both sides, or the total width required to maintain surface routing paths pursuant to Section 1193.05(c) above, whichever is greater. In no case shall a fence or any other obstruction be constructed on this easement.
(Ord. 2004-111. Passed 7-26-04.)
1193.08 SANITARY SEWERS.
(a) Sanitary sewers should be designed to maintain a minimum velocity of two (2) feet per second. The design of the overall sewer system shall be in conformance with the requirements of the Village Standard Specifications, the Ohio Environmental Protection Agency (OEPA), the Ohio Department of Health and Recommended Standards for Wastewater Facilities (Great Lakes - Upper Mississippi River Board of State Public Health and Environmental Managers:1990) as may be subsequently updated or amended.
(b) Sanitary sewer lines should be located in the street right-of-way, except under special conditions, when this requirement may be waived by the Planning and Zoning Board, upon recommendation by the Village Administrator.
(c) Only under circumstances of extreme hardship shall sewage lift stations, sewage grinder pumps or individual household sewage disposal systems be permitted in subdivisions established after the effective date of the Planning and Zoning Code. Such systems shall only be permitted with the approval of the Planning and Zoning Board. The Owner/ Developer shall be responsible for all costs associated with any lift station until such time that sixty percent (60%) of the lots in the subdivision are developed.
(d) Minimum line size shall be eight inches (8"). Downstream sewer pipe sizes shall be greater than or equal to the upstream size unless otherwise approved by the Planning and Zoning Board. If larger pipe sizes are required to accommodate future growth, the Village may participate in the costs associated with the larger sizes, in accordance with Chapter 1191.
(Ord. 2004-111. Passed 7-26-04.)
1193.09 WATER LINES.
(a) Water lines shall be designed, sized and constructed so as to be in conformance with the Village Standard Specifications. Fire hydrants shall be located, so that adequate fire flow to each structure, based on the current guidelines of the Insurance Services Office (ISO) can be met, but, in no case shall be more than 300 feet, or as required by the local Fire Department..
(b) Water lines should be located within the street right-of-way, except under special circumstances, when this requirement may be waived by the Planning and Zoning Board.
(c) The standard minimum size of water mains shall be six inches (6"). If larger line sizes are required to accommodate future growth, or to provide for fire flows in excess of those required for the proposed development, the Village may participate in costs for the size increase, in accordance with the procedures of Chapter 1191.
(d) Minimum cover for water lines shall be forty-eight inches (48"). Water mains shall be laid so that at least ten feet (10') of horizontal distance and eighteen inches (18") vertical distance is maintained between the water main and sanitary sewer line. In cases where ten feet (10') of horizontal distance cannot be maintained, such as a crossing, the vertical distance shall be maintained. At crossings, one full length of water pipe should be used so both joints will be as far away from the sewer line as possible.
(Ord. 2004-111. Passed 7-26-04.)
1193.10 UNDERGROUND UTILITIES AND STREET LIGHTING.
(a) Underground utilities shall be required for all subdivisions within the subdivision jurisdiction of the Village of Millersburg.
(b) Street lights shall be required for all subdivisions within corporate boundaries of the Village of Millersburg, and for all subdivisions where the total number of residential lots exceeds ten (10), or where the lots average one hundred feet (100') or less of frontage, as shown on the preliminary plat. The location of all street lights shall be shown on the final plat.
(c) Street lights and all appurtenances shall be installed by the owner/developer and shall be of a type, style and kind which are acceptable by the power utility currently providing service to the Village, under the Municipal Street Lighting Tariff Program. The installation, design and perpetual maintenance of any street light not meeting this standard shall be the sole responsibility of the Owner/Developer.
(d) Illumination for street lights shall be uniform and shall follow the recommendations of the current Illuminating Engineering Society (IES) Handbook. Generally, street lights shall be located not less than 200 feet nor more than 350 feet apart. Lights shall be placed within 200 feet from the closed end of each cul-de-sac, and at each street intersection.
(Ord. 2004-111. Passed 7-26-04.)
1193.11 PUBLIC SITES AND OPEN SPACE.
(a) Required Dedication or Reservation. Where a proposed park or school site, as shown on a land use plan adopted by Village Council, is located in whole or in part within a proposed subdivision, the Planning and Zoning Board may require the following:
(1) The dedication to the public of part or all of the proposed site and/or
(2) Reservation of the site for a period of up to three (3) years to enable acquisition by the appropriate agency or entity.
(b) Minimum Dedication Requirements. In all subdivisions or developments which result in additional dwelling units within the Village, the Owner/Developer shall be required to dedicate land to public sites and open space without compensation or to pay an amount equal to the value defined herein, of such land to the Parks and Recreation Committee for the purpose of developing public sites and open space. The amount of land to be dedicated by the Owner/Developer shall be determined according to the following formula:
Acres of Land for Dedication = Total Population X .005
The total population of any subdivision will be determined by:
(1) Determination of a population factor for each dwelling unit in the subdivision.
(2) Summation of all population factors for each dwelling unit in the subdivision.
The population for each dwelling unit shall be as follows:
Single-Family Dwelling 3.0
One Bedroom Multiple Family 1.5
Two Bedroom Multiple Family 2.0
Three Bedroom Multiple Family 3.0
(c) Modifications to Requirements. The Planning and Zoning Board, in conjunction with the Parks and Recreation Committee may modify the requirements as specified above when the Owner/Developer has shown that at least one of the following conditions exist:
(1) The development will house a population substantially lower than that established above.
(2) The development will have a low need for parks and recreation services.
(3) The unique or special characteristics of the project that justify modification of these requirements can be reasonably expected to continue for the life of the project.
(d) Fee in Lieu of Dedication. The Planning and Zoning Board, in conjunction with the Parks and Recreation Committee, shall determine if land proposed for public sites and/or open space is suitable and desirable for such purpose. If it is determined that the land is not suitable for such purposes, the Owner/Developer shall pay a fee-in-lieu of land dedication to the Parks and Recreation Committee, for the purposes of developing other sites or open spaces.
The amount of such fee shall be two hundred dollars ($200.00) for each dwelling unit within the subdivision.
(e) Private Recreational Areas. In lieu of the requirements of Section 1193.11 (b) and (d) above, the Owner/Developer may devote not less than the acreage required in Section 1193.11 (b) to a private recreation area for the use of the occupants of the subdivision. The recreation area must be of suitable size for recreational purposes, as determined by the Parks and Recreation Committee and the Planning and Zoning Board. The Owner/Developer must present a plan for development and perpetual maintenance of the site proposed, and such plan must be reviewed and approved by the Parks and Recreation Committee and the Planning and Zoning Board. In addition, the Owner/Developer shall also provide security to ensure development and maintenance of the site in the form of a bond, deposit of funds or other form satisfactory to the Planning and Zoning Board.
(Ord. 2004-111. Passed 7-26-04.)
1193.12 MONUMENTS.
(a) General Requirements. All research, investigation, monumentation, measurement specifications, plats of survey, descriptions, and subdivision plats shall conform to the Minimum Standards for Boundary Surveys in the State of Ohio, Section 4733-37 (Administrative Code) Ohio Revised Code. These standards are intended as a minimum requirement, and where the surveying profession requires or recommends a higher level of standards, the higher or most restrictive of such standards shall apply.
(b) Location. Monuments shall be placed at all angle points on the outside boundary of the subdivision. Iron pins shall be placed at all corners of all lots, intersections of the centerlines of streets, and at the beginning and end points of each curved street section centerline. In those cases where sanitary sewer manholes prevent the setting of monuments, such monuments shall be offset five feet (5') in each direction along the street centerline.
(c) When Set. Monuments in the street centerlines shall be placed upon the completion of paving of the streets. All other monuments are to be set upon completion of the street, water, sanitary sewer improvements, and over lot grading and before acceptance of improvements by the Village of Millersburg.
(d) Materials. Monuments shall be not less than thirty inches (30") long consisting of a one inch (1") diameter iron pin. Iron pins shall be as per the standards cited above in Section 1193.12 (a) above. (Ord. 2004-111. Passed 7-26-04.)
1195.01 GENERAL.
The improvements required by these subdivision regulations shall conform to the Village Standard Plans and Specifications, and other applicable portions of the Codified Ordinances of the Village, and shall be designed, furnished and installed by the Owner/Developer of the subdivision. The Owner/Developer shall be responsible for the costs of all tests required by the Village Administrator to establish that the materials and methods utilized in construction of the improvements meets the specifications. Subdivisions shall be provided with the same improvements whether the streets are public or private, except in special situations as approved by the Planning and Zoning Board.
(Ord. 2004-111. Passed 7-26-04.)
1195.02 STREETS.
(a) Street Grading. No street grading shall be permitted until the final construction plans have been approved by the Village Administrator and inspection fees have been paid. No street grading shall be commenced without a forty-eight (48) working hour notice to the Village Administrator.
(b) Street Subgrade. All streets shall be graded to their full width, including side slopes. No obstructions shall be placed or allowed to remain in the street right-of-way. The subgrade shall be free of sod and/or vegetative or organic matter. Soft clay and other unsuitable material shall be cleared to a depth as determined by the Village Administrator. The subgrade shall be shaped and compacted subject to the requirements of the Village Administrator, and no fill shall be placed until said subgrade has been inspected and approved.
(c) Pavement Application. No pavement shall be placed until the prepared subgrade has been inspected and approved. The finish pavement course shall not be placed over the base course until a period of time as specified by the Village Administrator has elapsed. All failures in the base course must be repaired prior to installation of the finish course.
(d) Street Signs. The Owner/Developer shall provide all traffic control, street name and parking signs at intersections and other locations as designated by the Village Administrator. Such signs shall be purchased from the Village. The Village shall be responsible for the installations and maintenance of all such signs.
(Ord. 2004-111. Passed 7-26-04.)
1195.03 SANITARY SEWERS.
(a) Concrete Encasement. Concrete encasement shall be used when required for the sanitary sewer to withstand trench loadings, when rock is encountered in the trench bottom, when the cover is less than two-and-one-half (2 ½) feet, or when such sewer line crosses a stream with year-round flow.
(b) Testing. Leakage tests are required for all sanitary sewers except building sewers.
(c) Building Sewers. Building sewers shall be constructed at no expense to the Village. Before any building sewer is constructed, a tap permit must be obtained from the Village. Installation of building sewers shall conform to applicable regulations of the Village. An "S" shall be stamped into the face of the curb at the location of any building sewer tap.
(Ord. 2004-111. Passed 7-26-04.)
1195.04 WATER SYSTEMS.
(a) Water Service Lines. Water service lines shall be installed consistent with Ten State Standards. All water service lines shall be installed not less than forty-two inches (42") below the ground or pavement surface. Services shall be constructed after the street is rough graded and prior to the installation of paved surfaces and curbs.
(b) Curb Boxes. Curb boxes shall be located two feet (2') behind the back of the curb. All curb boxes shall be adjusted to the finished ground surface.
(Ord. 2004-111. Passed 7-26-04.)
1195.05 CERTIFICATION OF IMPROVEMENTS.
Upon the completion of construction, and prior to acceptance by the Village, the Owner/Developer shall provide the Village with a letter which certifies that the construction is in conformance with the approved Construction Plans and the Village Standard Plans and Specifications.
(Ord. 2004-111. Passed 7-26-04.)
1195.06 RESPONSIBILITY AND LIABILITY DURING CONSTRUCTION.
No streets or public improvements shall be the responsibility of any public entity prior to formal acceptance. Until such time as such improvements have been approved and accepted, the owner/developer shall assume full responsibility and liability for all areas dedicated to the public, and the improvements thereon. The Owner/Developer shall agree to indemnify and hold harmless the Village of Millersburg until such time as the improvements are accepted.
(Ord. 2004-111. Passed 7-26-04.)
1197.01 GENERAL.
These regulations shall apply to all hillside areas, herein defined as areas where the average slope exceeds fifteen percent (15%). The final determination as to whether a particular subdivision is subject to these requirements shall be made by the Zoning Inspector and/or Village Administrator at time of submittal of the application for the preliminary plat, as specified in Section 1135.03. In making such determination, input may be sought from outside engineering consultants procured for that purpose. If a subdivision is determined to be subject to hillside regulations, the Zoning Inspector and/or Planning and Zoning Board is hereby granted the authority to require additional material to that specified in Chapter 1135, in order to determine compliance with the intent of these regulations.
(Ord. 2004-111. Passed 7-26-04.)
1197.02 GRADING PLAN.
The grading plan for any subdivision subject to these hillside regulations shall include a detailed description of the measures to be utilized to address the unique slope-related conditions of the site. The detailed grading plan shall receive specific approval by the Village Administrator prior to approval of the final plat.
(Ord. 2004-111. Passed 7-26-04.)
1197.03 CUT AND FILL.
No land shall 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 ½) feet of horizontal distance between abutting lots or adjoining tracts of land, unless a retaining wall of sufficient height and thickness, or other acceptable control measure to prevent slides and erosion is provided.
(Ord. 2004-111. Passed 7-26-04.)
1197.04 STREETS.
Final grades on all streets shall not exceed ten percent (10%). All fill used on streets shall be compacted in accordance with Ohio Department of Transportation Specifications.
(Ord. 2004-111. Passed 7-26-04.)
1197.05 RETAINING WALLS.
Retaining walls may be required whenever topographic conditions warrant or where necessary to retain fill or cut slopes within street rights-of-way.
(Ord. 2004-111. Passed 7-26-04.)
1197.06 COMPACTION OF FILL.
All fill outside the right-of-way shall be compacted to a density of ninety percent (90%) dry density or greater, to within four inches (4”) of finished grade.
(Ord. 2004-111. Passed 7-26-04.)
1199.01 PURPOSE AND INTENT.
The Village of Millersburg lies in a rolling hills landscape. Over time, many trees have grown or been planted by residents in the community. These trees, native and imported, provide beauty and protection from summer heat, increase property values, enhance community pride, preserve wildlife habitat, reduce air and noise pollution, and reduce soil erosion. Millersburg is striving to earn the designation as a "Tree City USA" and to establish a responsible stewardship of this vital resource. Accordingly, the Village has determined that it is necessary for the public health and welfare to conserve tree resources by protecting trees from unnecessary destruction or removal, encouraging the replacement of trees lost to disease, natural hazards, or human intervention. The Village has also determined that street trees, park trees, and other trees on public lands contribute to the quality of life in the community. Chapter 1199, provides for the improvement and maintenance of the appearance and safety of and the protection, preservation, and promotion of the aesthetic appeal, character and value of the Village of Millersburg. The intent of this ordinance is to establish mechanisms and policies for maintaining public trees so that the community may continue to enjoy the many benefits associated with trees.
(Ord. 2014-105. Passed 12-22-14.)
1199.02 DEFINITIONS.
The following definitions are only for the purposes of this Chapter:
(a) "Large tree" means any tree species which normally attains a full-grown height equal to or greater than fifty (50) feet.
(b) "Medium tree" means any tree species which normally attains a full-grown height of between thirty (30) and fifty (50) feet.
(c) "Small tree" means tree species which normally attains a full-grown height of under thirty (30) feet.
(d) "On-site landscaping" means the use of landscape materials within the innermost boundaries of the property.
(e) "Trunk caliper" means the diameter of the tree as measured eighteen (18) inches above the ground.
(f) "Treelawn" means the area either between the edge of the street pavement/curb and the edge of the sidewalk or the area from the edge of the street pavement/curb to the right-of-way line.
(g) "Street trees" are herein defined as trees, shrubs, bushes, and all other woody vegetation on rights-of way on either side of all streets, avenues, or ways within the Village.
(h) "Park trees" are herein defined as trees, shrubs, bushes and all other woody vegetation in public parks having individual names, and all areas owned by the Village, or to which the public has free access as a park.
(Ord. 2014-105. Passed 12-22-14.)
1199.03 CREATION AND ESTABLISHMENT OF THE MILLERSBURG TREE BOARD.
There is hereby created and established a Millersburg Tree Board, which shall consist of five members, citizens and residents of the Village, who shall be appointed by the Mayor with the approval of Village Council. Members of the Board shall serve without compensation.
(Ord. 2014-105. Passed 12-22-14.)
1199.04 TERM OF OFFICE.
The term of the five persons to be appointed by the Mayor shall be three years, except that the term of two of the members appointed to the first Board shall be for only one year and the term of three members of the first Board shall be for two years. In the event that a vacancy shall occur during the term of any member, his successor shall be appointed for the unexpired portion of the term. (Ord. 2014-105. Passed 12-22-14.)
1199.05 DUTIES AND RESPONSIBILITIES.
(a) It shall be the responsibility of the Board to study, investigate, counsel and develop and/or update annually, and administer a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs in parks, along streets and in other public areas. Such plan will be presented annually to the Village Council and upon their acceptance and approval shall constitute the official comprehensive Village tree plan. The board, when requested by the Village Council, shall consider, investigate, make findings, report and recommend upon any special issue coming within the scope of its work.
(b) The Board shall have the power to promulgate and enforce rules, regulations and specifications concerning the trimming, spraying, removal, planting, pruning and protection of trees, shrubs, vines, hedges and other plants.
(Ord. 2014-105. Passed 12-22-14.)
1199.06 OPERATION.
The Board shall choose its own officers, make its own rules and regulations and keep a journal of its proceedings. A majority of the members shall be a quorum for the transaction of business. (Ord. 2014-105. Passed 12-22-14.)
1199.07 TREE PLANTING, MAINTENANCE AND REMOVAL.
(a) No person shall plant, remove, cut above the ground, or disturb any tree within the right of way of any street, within a park or in another public place without first filing an application and procuring a permit from the Village Administrator. The Administrator shall present the matter to Village Council for decision. Village Council may refer the issue to the Village Tree Board for advice before making the decision. The person receiving the permit shall abide by the standards set forth in this Chapter.
(b) Street Tree Species to be Planted. The following list constitutes the official street tree species for the Village:
SMALL TREES | MEDIUM TREES | LARGE TREES |
Apricot | Hackberry | Kentucky Coffeetree |
Flowering Crabapple (sp.) | Honey Locust (thornless) | Silver Maple |
Golden Raintree | Linden or Basswood (sp.) | Sugar Maple |
Hawthorne (sp.) | Red Mulberry (fruitless, male) | Bur Oak |
Pear | English Oak | Sycamore |
Bradford Redbud | Red Oak | London Sycamore |
Soapberry | Japanese Pagodatree | Cottonwood (cottonless, male) |
Lilac | Pecan | |
Japanese tree | River Birch | |
Flowering Peach | Osageorange (male, thornless) | |
Purpleleaf Plum | Persimmon | |
Serviceberry | White Poplar | |
Sassafras | ||
(c) Spacing. The spacing of street trees will be in accordance with the three species size classes listed in 1199.08(b), and no trees may be planted closer together than the following: small trees, 30 feet; medium trees, 40 feet; and large trees, 50 feet; except in special plantings designed or approved by a landscape architect and approved by the Board.
(d) Distance From Curb and Sidewalk. The distance trees may be planted from curbs or curblines and sidewalks will be in accordance with the three species size classes listed in 1199.07(b), and no trees may be planted closer to any current curb or sidewalk than the following: small trees, 2 feet; medium trees, 3 feet; and large trees, 4 feet.
(e) Distance from Street Corners and Fire Hydrant. No street tree shall be planted closer than 35 feet of any street corner, measured from the point of the nearest intersecting curb or curblines. No street tree shall be planted closer than 10 feet of any fire hydrant.
(f) Utilities. No street trees other than those species listed as small trees in 1199.07(b) may be planted under or within 10 lateral feet of any overhead utility wire, or over or within 5 lateral feet of any underground water line, sewer line, transmission line or other utility. See also the requirements of Section 1199.10.
(g) Public Tree Care. The Village shall have the right to plant, prune, maintain and remove trees, plants and shrubs within public grounds and the rights-of-way of all streets, alleys, avenues, lanes and squares as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such grounds.
(h) The Village may remove or cause or order to be removed, any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines, or other public improvements, or is affected with any injurious fungus, insect or other pests.
(i) It shall be unlawful as a normal practice for any person, firm, or Village department to top any street tree, park tree or other tree on public property. Topping is defined as the severe cutting back of limbs to stubs larger than 3 inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this ordinance at the determination of the Village Tree Board.
(j) Every owner of any tree overhanging any street or right-of-way within the Village shall prune the branches so that such branches shall not obstruct the light from any street light or obstruct the view of any street intersection and so that there shall be a clear space of 8 feet above the surface of the street or sidewalk. Said owner shall remove all dead, diseased or dangerous trees, or broken or decayed limbs which constitute a menace to the safety of the public. The Village shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a street light or interferes with visibility of any traffic control device or sign.
(k) The Village shall have the right to cause the removal of any dead or diseased trees on private property within the Village, when such trees constitute a hazard to life and property, or harbor insects or disease which constitute a potential threat to other trees within the Village pursuant to Sections 1199.15-17.
(l) All stumps of street and park trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground. The owner of the property shall bear the cost of stump removal.
(Ord. 2014-105. Passed 12-22-14.)
1199.08 NEW SITE DEVELOPMENT OR REDEVELOPMENT.
(a) No Building or Zoning Permit or Planning Commission plan approval shall be issued for any new site development or redevelopment, otherwise permitted under this Code unless the landscaping provisions for such development as required by this Chapter are met.
(b) New Site Developments. Subdivision and development plans shall be designed to preserve natural vegetation areas as much as possible. Streets, parcels, structures and parking areas shall be laid out to minimize the destruction of wooded areas or outstanding tree specimens. Developers of land are encouraged to designate wooded areas as park reserves.
(c) Existing Structures. No building, structure or vehicular use area shall be constructed or expanded unless the minimum landscaping required by the provisions of this Chapter is provided.
(d) Expansions and/or additions to an existing single-family residential structure are exempt from the requirements of this Chapter.
(Ord. 2014-105. Passed 12-22-14.)
1199.09 STANDARDS FOR TREES LOCATED ON NEW DEVELOPMENT SITES.
Subdividers or developers shall plant trees along public streets bordering and within their development in such a manner, type, quantity and location as determined by the Planning Commission. Any undeveloped street or existing street with undeveloped frontage shall conform to the following requirements at the time of the development:
(a) The spacing between trees, the size of trees to be planted within tree lawns and the tree location in relation to street intersections and fire hydrants and utility poles shall be consistent with Section 1199.08
(b) (1) Developers shall be required to maintain trees for one (1) year after the trees are planted. Should any tree require replacement during this one (1) year period, the replacement period shall start at the date of replacement. Except as provided herein, the replacement period shall not extend beyond two (2) years from the original planting date.
(2) Upon completion of a street tree planting, the developer shall contact the Zoning Inspector for a preliminary inspection. The replacement period shall begin after the approval of the Zoning Inspector.
(3) The developer shall contact the Zoning Inspector for a final inspection to be made at the end of the replacement period. All trees not exhibiting a healthy, vigorous growing condition, as determined by the Village's inspection, shall be replaced at the expense of the developer.
(4) In the event that the conditions of any trees cannot be ascertained due to the season of the year, the final inspection may, in the discretion of the Zoning Inspector, be deferred until the commencement of the next growing season.
(c) The minimum trunk caliper measured at eighteen (18) inches above the ground for all street trees shall be no less than one and three-quarter (1 ¾) inches.
(d) The Zoning Inspector shall submit a report to the Village Tree Board detailing the Inspector's activities and actions undertaken pursuant to this section.
(Ord. 2014-105. Passed 12-22-14.)
1199.10 STANDARDS FOR TREES PLANTED IN EXISTING RIGHT OF WAYS.
No street trees other than those species defined as a "small tree" in Section 1199.07 of this Chapter may be planted under or within ten (10) lateral feet of any overhead utility wire. Plantings over or within five (5) lateral feet of any valve box, underground water line, sewer line, transmission line or other utility shall require the approval of the Village Administrator.
(Ord. 2014-105. Passed 12-22-14.)
1199.11 MINIMUM LANDSCAPE REQUIREMENTS FOR VEHICULAR USE AREAS.
This section sets forth the minimum requirements that shall be met regarding the landscaping for vehicular use areas.
(a) Landscaping at Parking and Service Areas. Any open parking area of more than four thousand (4,000) square feet in area and/or at least twelve (12) vehicular parking spaces shall be required to have on-site landscaping that may be in the form of islands or peninsulas. On-site landscaping shall encompass at least five percent (5%) of the total area of the parking lot. The preservation of existing plants is encouraged and shall be included in the consideration as to whether minimum landscape requirements have been attained.
(b) Minimum Tree Plantings. A minimum of one (1) large tree per three thousand (3,000) square feet of ground coverage by structures and vehicular use areas is required.
(c) Vehicle Overhang. Parked vehicles may not extend into the border of any landscape area. Curbs or wheel stops shall be provided to insure no overhang.
(d) Landscaping for Service Structures. Service structures shall be screened. For the purpose of this Chapter, "service structures" includes but is not limited to loading docks, waste collections units, utility vaults which extend above the surface and other equipment providing service to a building or a site. Structures may be grouped together; however, screening height shall be one (1) foot more than the tallest of the structures.
(e) Location of Screening. A continuous hedge planting, fence, wall or earth mound must enclose any service structure on all sides. Any service structure which must be moved daily or serviced shall require screening on all but one (1) side. The height of the screening material shall be one (1) foot more than the height of the structure, but shall not be required to exceed ten (10) feet in height. Whenever a service structure is located next to a building wall or vehicular use area, walls or screening material may fulfill the screening requirement for that side of the service structure if that wall or screening material is of an average height sufficient to meet the height requirement set out in this Chapter. Whenever service structures are screened by plant material, such materials may apply to the fulfillment of required landscaping. The type of screening or combination of screening types is subject to Planning Commission review and approval.
(Ord. 2014-105. Passed 12-22-14.)
1199.12 LANDSCAPE MATERIALS FOR NEW DEVELOPMENT.
(a) The proposed landscape materials should complement the existing trees and plantings.
(b) Artificial plants are prohibited.
(c) The amount of shade or sun should be considered in selecting plant materials.
(d) Plants, planting and maintenance shall conform to the standards of the American Association of Nurserymen (ANN), American Standard for Nursery Stock, 1990 edition, ANN Publication #A2-40240, 1250 I Street NW, Suite 500, Washington, DC 2005.
(e) Plant material which does not survive shall be replaced by the owner within twelve (12) months after the material dies. Replacement of plants shall be of the same size, genus and species as originally planted.
(Ord. 2014-105. Passed 12-22-14.)
1199.13 PLANNING COMMISSION DISCRETION.
If circumstances prevent compliance with the requirements as specified in Sections 1199.08- 1199.12 of this Chapter, the Planning Commission may alternatively allow the property owner or developer to meet the above requirements by planting the required plants at a place designated by the Village Tree Board.
(Ord. 2014-105. Passed 12-22-14.)
1199.14 PLAN APPLICATION AND APPROVAL.
(a) Whenever any property is affected by these landscape requirements, the property owner or developer shall prepare a landscape plan for review and approval. Such plans shall follow the same application requirements for site plans and shall contain all existing and proposed trees and landscape materials, including botanical names, common names, planting size, on center planting dimensions where applicable and quantities for all plants used.
(b) The Planning Commission shall, prior to its consideration of a landscape plan, forward a copy of the plan along with any other information provided by the developer to the Village Tree Board for its review and recommendation. Upon receipt of the recommendation and/or comment from the Village Tree Board, the Planning Commission shall begin its review.
(c) In the event recommendation is not received within thirty (30) days after the transmittal of the plan to the Village Tree Board, the Planning Commission may proceed in accordance with these regulations.
(Ord. 2014-105. Passed 12-22-14.)
1199.15 PROPERTY OWNER RESPONSIBLE FOR REMOVAL OF TREE ON PRIVATE PROPERTY INCLUDING PUBLIC RIGHT OF WAY.
(a) The owner of any real estate within the Village shall be responsible for the removal of any trees located on the owner's property, including public right of way. If all or any portion of a tree on an owner's property is deemed unsafe or otherwise undesirable and overhangs a street or public property, the Administrator or the Administrator's designee may notify the owner in writing to remove that tree or portion thereof. If the owner does not comply within fifteen days after receipt of such notice, the Village may cause to be removed all, or the endangering portion of such tree, and charge the cost to the owner. If the charge remains unpaid for a period of 60 days, the charge shall become a lien against such property. The Administrator shall certify the amount due to the County Auditor, which charge shall be assessed on the owner's real property taxes and collectible in the same manner as other taxes and assessments.
(b) If the Village removes a tree as indicated in the subsection above, the Village shall determine the method of disposing of the cut wood, which wood shall be the property of the Village. If the owner removes a tree the owner shall determine the method of disposing of the cut wood, which wood shall be the property of the owner.
(c) Notification. Unless the Administrator should decide that immediate removal of a tree is required to protect the public health, safety, and welfare, the Administrator or the Administrator's designee shall notify the owner of the property of the proposed tree removal in writing.
(d) Appeal. Any property owner to whom notice is provided by this Section may object in writing to the proposed removal of the tree identified in the notice and request a hearing before Village Council. The written objection shall be delivered to the Administrator within ten (10) days after notice of the proposed removal was first given by the Village staff.
(e) Hearing. Village shall reconsider the decision to remove the tree and shall evaluate the information from the property owners, affected residents, and the Village Street Department in light of the criteria for removal. Village Council may refer the issue to the Village Tree Board for advice before making the decision The Village staff shall inform the objecting property owners either orally or in writing, of the determination of the Village regarding the tree after such reconsideration and shall provide the reasons supporting such determination. The Village staff shall use reasonable efforts and methods to provide notice of such determination before any removal of the tree, if removal is the final determination.
(Ord. 2014-105. Passed 12-22-14.)
1199.16 TREE REMOVAL CRITERIA.
(a) Tree Removal Criteria. Loss of trees results in less shade, increased negative impacts due to air and noise pollution, reduced wildlife habitat, and a less attractive community. It is the intent of the Village to protect the quality of life in the community by encouraging the conservation of tree resources. Therefore the following criteria have been established for evaluating whether a tree in the public right of way should be removed.
(1) The tree is dead.
(2) The tree is deemed hazardous, when the hazardous condition cannot be corrected through pruning or other reasonable arboricultural practices.
(3) Persistent and uncontrollable insect, disease or fruiting problems.
(4) The frequency and extensiveness of the tree's maintenance.
(5) The proximity and quality of trees near to the one considered for removal.
(6) The extent and frequency of damage the tree is causing to surrounding infrastructure such as sidewalks, streets, sewers, etc.
(7) The feasibility and timeliness in which a replacement tree will be planted.
(8) The amount of space allowable for tree growth.
(Ord. 2014-105. Passed 12-22-14.)
1199.99 PENALTY.
Any person who violates any provision of this Chapter or fails to comply with any notice issued pursuant to provision of the Chapter, upon being found guilty of violation, shall be subject to a fine not to exceed five hundred dollars ($500.00) for each separate offense. Each day during which any violation of the provisions of this Chapter shall occur or continue shall be a separate offense. If as a result of the violation of any provision of this Chapter, the injury, mutilation, or death of the tree, shrub, or other plant located on Village owned property is caused, the cost of repair or replacement, or the appraised dollar value of such tree, shrub, or other plant, shall be borne by the party in violation. The value of trees and shrubs shall be determined in accordance with the latest revision of A Guide to the Professional Evaluation of Landscape Trees, Specimens for Shrubs, and Evergreens, as published by the International Society of Arboriculture. Each day a violation continues following notice of such violation shall constitute a separate offense. Nothing herein contained shall prevent the Administrator or the Administrator's designee from other lawful action necessary to prevent or remedy any violation. (Ord. 2014-105. Passed 12-22-14.)