North Perry City Zoning Code
TITLE THREE
Subdivision and Land Development Regulations
1151.01 SHORT TITLE.
Title Three of this Part Eleven - Planning and Zoning Code shall hereafter be known, cited and referred to as the Subdivision Regulations of the Village of North Perry, Ohio.
(Ord. 19-10. Passed 11-7-19.)
1151.02 PURPOSE.
The purpose of these Subdivision Regulations shall be: to guide and regulate the planning, subdividing and development of land in order to promote and protect the public health, safety, convenience, comfort, prosperity and general welfare of the Village; to provide for the orderly development of land to obtain harmonious neighborhoods, the prevention of pollution of air and water, and avoidance of congestion of population; to preserve the natural beauty, streams, natural habitat, and topography of the Village and to ensure appropriate development with regard to these natural features, to provide safe and convenient vehicular and pedestrian circulation and access to firefighting apparatus and police vehicles; adequate and economical provisions for utilities and public services to conserve public funds; to provide for ample public open spaces through efficient design and layout of the land for parks, recreational and other public purposes; accurate surveying of land, preparing and recording of plats; discouraging of premature, uneconomical or scattered subdivisions; coordination of land development in accordance with the North Perry Village Zoning Code, Comprehensive Plan, Thoroughfare Plan, Stormwater Management Plan, Standards for Construction - Details and Specifications, Gas Well and Transmission maps, and other plans and specifications of the Village.
(Ord. 19-10. Passed 11-7-19.)
1151.03 APPLICABILITY.
(a) These Subdivision Rules shall be applicable to any person engaged in the planning, platting, transfer or recording of land and more particularly to the owner or agent of the owner engaged in the division or improvement of land as a subdivision and in platting or the re-platting of land; wherever such land may be situated within the limits of the Village.
(b) No person shall circumvent the provisions of these Subdivision Rules by lease or by sale of parcels, by metes and bounds.
(c) No land shall be subdivided within the limits of the Village until:
(1) The sub-divider shall submit site plans or plats; and
(2) Said plans or plats have been approved as provided herein; and
(3) The approved plans or plats are filed and recorded in the Lake County Record of Plats.
(Ord. 19-10. Passed 11-7-19.)
1151.04 COMPLETION OF IMPROVEMENTS.
No zoning permit shall be issued for any structure, dwelling or model home until all improvements have been completed and fully accepted by the Council.
(Ord. 19-10. Passed 11-7-19.)
1151.05 SUBDIVISION COSTS.
(a) Responsibility for Payment: The sub-divider of any property within the Village of North Perry shall be responsible for payment of all deposits, administrative costs and fees. All deposits and fees shall be paid at the time the application is submitted. Payments shall be made to the Zoning Inspector, who shall record the receipt and deliver the payment to the Village Clerk- Treasurer. All checks shall be marked as payable to the Village of North Perry.
(b) Costs Defined: Administrative costs, fees, and expenses shall include all costs and expenses incurred by the Planning Commission, Village Engineer, Village Solicitor, Village employees, Consultants, Services, and Professionals as may be required for such investigations as may be necessary to determine whether the proposed subdivision, improvements, homeowner association documents, deed restrictions, construction plats or plans, and accompanying documents conform with all recommendations, regulations, rules, plans, requirements, and conditions.
(c) Costs in Excess of Deposit: In the event the administrative costs exceed the fees or deposit charged, the Zoning Inspector shall prepare an invoice from documents provided by the Village Clerk-Treasurer. The sub-divider shall submit payment to the Zoning Inspector within thirty (30) days of such invoice date. Such payment shall be deposited with the Village Clerk-Treasurer. No final Plat shall be approved for and released to record, nor any streets and right-of-way improvements be accepted for dedication until required deposits, fees, and administrative costs are paid.
(d) Penalty for Non-Payment: Failure to submit required fees, deposits and payments within the required time limit shall be cause for the Zoning Inspector to issue stop work orders and to stop further progress of the project.
(Ord. 19-10. Passed 11-7-19.)
1151.06 RECORDING OF PLAT.
(a) No plat or plan of any subdivision of land shall be recorded in the County Recorder's Office or have any validity until it has been certified by the Planning Commission, approved by the Village Council and processed in the manner prescribed in these Subdivision Rules. In the event any such unapproved tract, lot, plat or plan is recorded, it shall be considered invalid.
(b) In the event any tract, lot, plat, or plan is recorded and any deed restriction, association membership, reserve, requirement, restriction, covenant or easement is not included in such deed or record, the sub-divider shall be subject to the penalties of these Subdivision Rules and any legal and equitable relief in favor of the Village. In addition, the Council shall institute proceedings to have such record corrected at the expense of the responsible person or party.
(c) The Council of the Village shall institute proceedings to have any invalid plat or plan stricken from the records of Lake County, Ohio at the expense of the responsible person or party. (Ord. 19-10. Passed 11-7-19.)
1151.07 SALE OF LAND IN SUBDIVISION.
(a) No owner or agent of the owner of any land located within a subdivision shall transfer, sell, agree to sell, or negotiate to sell any land by reference to, exhibition of, or by the use of a plan or plat of a subdivision before such plat or plan has been certified by the Planning Commission and approved by the Village Council and recorded in the manner prescribed herein.
(b) The description of such lot or parcel by metes and bounds in the instrument of transfer or other documents used in the process of selling or transferring shall not exempt the transaction from the provisions of these Subdivision Rules.
(Ord. 19-10. Passed 11-7-19.)
1151.08 AMENDMENTS.
These Subdivision Rules may be amended from time to time as provided by law.
(Ord. 19-10. Passed 11-7-19.)
1151.09 VACATION OF A PLAT.
Any plan or portion thereof may be vacated. In the case of a vacation of a plat or plan or parts thereof, as previously recorded in the office of the Recorder of Lake County, Ohio, the same general procedure, rules and regulations shall apply as for a new plat or plan. The title of the vacation shall indicate what is being vacated and the final plat shall show the relation of this vacation to the original area. Such instrument shall be submitted to the Planning Commission who shall review same and make a recommendation to the Council who may approve, reject, or approve in part any such instrument. Upon approval by the Village Council and Lake County approval, said instrument may be recorded in like manner as plans of subdivisions and shall operate to destroy the force and effect of the plan, or portion thereof, so vacated.
(Ord. 19-10. Passed 11-7-19.)
1153.01 GENERAL REQUIREMENTS.
Due consideration shall be given to preserving natural features, wetlands, buffers, scenic spots, streams, water bodies, open spaces and exceptional fine groves of trees. Dedication to and acceptance by a public agency or homeowners association is usually the best means of assuring the preservation.
(Ord. 19-10. Passed 11-7-19.)
1153.02 SURVEY MONUMENTS.
(a) Permanent monuments in accordance with the minimum standards for boundary surveys in the State of Ohio, or of a type acceptable to the Village Engineer shall be set under the direction of a registered surveyor at the intersections and angle points of all outside boundary lines of the platted property and at all points of intersection and the point of curvature and point of tangency for changes of horizontal alignment in the center lines of streets.
(b) A monument shall be accurately placed at each corner, each street intersection, at intermediate points and corners of lots, at intersections of easements with property lines, and at other locations as may be required by the Village Engineer. The top of the monument must be set at the finished grade upon completion of the grading of the streets and lots.
(c) Indicate the location and size of all corner pins or pipes found and set or to be set. Iron pins must be set at all parcel and easement corners and at the intersection of the property lines and easements with the right-of-way line. In cases where pins cannot be set as indicated above, witness pins shall be set and their location noted on the plat or plan.
(Ord. 19-10. Passed 11-7-19.)
1153.03 STREETS.
Provision of Streets. In order to provide for streets of suitable location, width and improvement to accommodate prospective traffic and afford satisfactory access to police, fire-fighting, snow removal, sanitation and road maintenance equipment and, to coordinate streets so as to compose a convenient system and avoid undue hardships to adjoining properties, the following design standards are hereby required:
(a) Conformity with the Comprehensive Plan: The arrangement, character, extent, width, use and location of all streets shall conform to the Thoroughfare Plan of the Village of North Perry and to the following.
(1) Whenever a tract to be subdivided or improved which includes any part of a thoroughfare as shown on the Village Comprehensive Plan, such part shall be dedicated to the public for such purposes by the subdivider or applicant.
(2) The street pattern shall provide ease of circulation for pedestrians and vehicles within the Village and provide proper access to schools, playgrounds, transportation, recreation and other community features.
(b) Connecting Streets:
(1) Continuation of Streets: Streets shall be so arranged as to provide for the continuation of existing streets. Through streets connecting at intersections shall be preferred in all instances over cul-de-sac and dead-end streets. Designs shall be encouraged to eliminate a majority of cul-de-sac options.
(2) Future Connections: Connections shall be provided to adjoining properties for future access and interconnection of neighborhoods with connecting streets.
(3) Local neighborhood Connections: Local residential streets shall be laid out so as to provide for interconnection of neighborhoods. Commercial and industrial areas shall be encouraged to provide such access alleys to provide for reasonable safety and service vehicle access.
(4) Streets for business and industrial developments shall be planned to connect with major streets so as not to generate traffic on local residential streets.
(5) The intersection of service streets, or driveways from parking areas, with major streets shall be located so as to cause the least possible interference with the movement of traffic on the major streets and wherever possible shall be located not less than 125 feet from another intersection of a major or secondary street (measured from the center lines) or space not less than sixty-five (65) feet from each other.
(c) Cul-de-sac Streets:
(1) Cul-de-sacs shall be provided with a turn-around. Dead end streets are prohibited.
(2) Local cul-de-sac streets shall be permitted where parcels are isolated with no future continuous street possible.
(3) If a cul-de-sac is not open in the direction of schools, parks and playgrounds, a pedestrianway shall be provided.
(4) A collector street that is a temporary cul-de-sac due to connections that have not been completed on adjoining properties shall not be considered a permanent cul-de-sac if connecting streets have been installed to these adjacent properties.
(5) Cul-de-sacs approved by a variance, which exceed the maximum length allowed herein shall be considered as collector-type streets for construction purposes.
(6) Under no circumstances shall a cul-de-sac exceed eighteen hundred (1800) feet in length that shall be defined as the distance from centerline of streets to the centerline radius point of the cul-de-sac.
(Ord. 19-10. Passed 11-7-19.)
1153.04 BLOCKS.
(a) Blocks shall be designed to accommodate lots of the size required for the district as set forth in the Zoning Code and to provide for convenient access, circulation and safety of traffic on the bounding streets. The lines and boundaries of blocks shall be adjusted to conform to the topography and natural features such as streams and lakes, and so that rear or side lot lines will coincide with corporation lines.
(b) When a parcel is too small to be laid out economically for the use intended and would result in fractional or odd-shaped lots or otherwise not conform to the Comprehensive Plan, the Planning Commission may request the subdivider to include adjoining unsubdivided land so a complete block may be planned and developed as a unit.
(c) Block lengths, for a single-family subdivision, shall be planned to average 1500 feet and shall not exceed 1800 feet or be less than 800 feet unless approved by the Planning Commission.
(d) Block widths, for a single family subdivision, shall be planned to accommodate two tiers of lots, except that a single tier of lots may be required by the Commission to separate residential development from major streets, adjoining nonresidential land uses, or unusual topographic or natural features.
(Ord. 19-10. Passed 11-7-19.)
1153.05 LOTS.
(a) Lot Design. The size of the lot, width, depth, frontage, area, setback distances, and in all other ways shall meet and exceed the existing requirements of the Planning and Zoning Code. The lot width, depth, and orientation shall be appropriate and in harmonious conformance for the location, contiguous properties, type of development, and use contemplated. Double frontage and reverse frontage shall be avoided.
(b) Building Sites. Each lot shall have direct access to a public street. Each lot shall be designed to form a good site for the type of building to be developed and the lot lines shall not be considered as merely forming a geometric shape, which encloses the minimum area permitted. The lots shall be more or less rectangular in form; triangular, elongated or other shapes that restrict its use as a building site shall be avoided, where possible.
(c) Depth. The depth and width of commercial and industrial lots shall be adequate to provide for the required off-street loading and parking spaces.
(d) Lots on Major Streets. Lots shall be of sufficient width and depth to increase traffic and pedestrian safety and the privacy thereon.
(e) Corner Lots. Corner lots shall have extra width to permit appropriate building setback from and orientation to both streets. Property lines at street intersections shall be rounded by radii of at least twenty-five feet for residential, commercial and industrial as required by the Village Engineer.
(f) Lot Lines. Lot lines shall be substantially at right angles or radial to the right-of- way. Where a street terminates on another to form a "T" intersection, the side lot lines shall be planned so that a dwelling site will not be directly on the projected line of the street which terminates. Cul-de-sac lot lines shall be radial or perpendicular to the centerline of the right-of- way.
(g) Lot Grading: Lots shall be graded so that water drains away from each building at a minimum grade of two percent (2%) over a distance of (10) feet. Surface drainage shall have a minimum drainage of one percent (1%) and shall be designed so surface water will drain into a storm sewer drain inlet or natural drainage basin or way.
(h) Topsoil: If the process of grading or re-grading any land area within a subdivision results in the removal of topsoil, the topsoil shall not be removed from the subdivision. Such topsoil shall be conserved and stockpiled and shall be used as loam or top dressing for lawns, private property, or landscaping within the subdivision. The process so described shall be approved by the Village Engineer and substantiated with inspection records.
(Ord. 19-10. Passed 11-7-19.)
1153.06 PEDESTRIAN SIDEWALKS AND BIKE PATHS.
(a) Sidewalks: Sidewalks shall be provided on both sides of all new streets and shall be located with the outside edge one (1) foot inside the right of way.
(1) Sidewalks shall be a minimum width of five (5) feet along all streets.
(2) Sidewalks shall extend to the curbs at all intersections and shall include provisions for handicap ramps along with the appropriate curb cuts.
(b) Bicycle Paths: Bicycle paths shall be provided as required in the Thoroughfare Plan and the Comprehensive Plan at the direction of the Planning Commission.
(Ord. 19-10. Passed 11-7-19.)
1153.07 PARKING AND DRIVEWAYS.
(a) Connected Commercial Parking Lots: Parking areas serving adjoining business establishments shall be interconnected by drives and designed to provide the maximum safety and convenience.
(b) Service Roads: The Planning Commission may require the dedication and improvement of service roads along major streets.
(Ord. 19-10. Passed 11-7-19.)
1153.08 REGULATION OF STRUCTURES IN EASEMENTS.
Easements granted to the Village shall not allow structures thereon except as permitted by the Board of Zoning Appeals.
(Ord. 19-10. Passed 11-7-19.)
1153.09 PROTECTION OF WELLS.
The subdivider shall provide a well log of all wells and ponds on contiguous properties consisting of name of property owner, location, depth of well or pond, and depth of water. Where a subdivision is proposed to be located in an area in which there are existing water wells in close proximity, the Planning Commission and/or Village Engineer may require that information be provided by the Subdivider to determine the impact of the installation of the subdivision on the water table servicing said wells. The Village Engineer shall determine if high probability for impact exists. If so, he shall require that an approved barrier method be placed on underground lines in such locations as he shall designate to control said impact.
(Ord. 19-10. Passed 11-7-19.)
1153.10 OPEN SPACE REQUIREMENT.
The following open space requirements provide for the creation of areas of land to be left open as the community increases in population so the rural character and flexible recreational use of open and natural and wooded areas may be maintained for future generations and to provide for the funds to be available to expand, equip, maintain, and operate such areas.
(a) New Residential Subdivisions:
(1) The Planning Commission shall follow the Comprehensive Plan and recommendations of the Village Council to provide for a reasonable amount of open spaces for the use of residents and property owners in and around the subdivision, and the construction, operation and maintenance of such areas and facilities.
(2) No new subdivision shall be approved by the Planning Commission unless at least ten percent (10%) of the land area is set aside and dedicated as public land for access to recreation, and conservation. Common ownership areas and private property conservation easements, utility easements, setbacks, right-of-ways and screening requirements shall not be included in this area and calculation. Stormwater management ponds shall not be included unless they are landscaped and developed into a viable recreational resource or natural habitat.
(3) Park land and recreational areas shall be concentrated to the maximum extent, to reduce the potential for small scattered parcels. The Planning Commission shall require contiguous land to be dedicated to the public thus increasing the size and flexibility and efficiency of public recreational areas.
(4) Streams, drainage courses, ponds, lakes or isolated parcels shall become a component of public open lands, recreational areas, public conservation or reserved lands and conform with a plan for public lands that is consistent with the Comprehensive Plan.
(b) Common Ownership. Common ownership properties shall have a provision approved by the Village Solicitor that such land may not revert back to subdivision or development use.
(c) Public Access to Public Facilities: Where subdivisions are adjacent to schools, parks or other public facilities, a Village easement for access to such shall be provided to such facility where deemed appropriate by the Planning Commission. Such a Village easement shall be a minimum of twenty (20) feet in width and side yard setbacks for adjacent lots will be measured from the easement.
(Ord. 19-10. Passed 11-7-19.)
1155.01 GENERAL CONSIDERATIONS.
(a) Standards for Construction: The subdivider and contractors shall comply with the Village Standards for Construction - Details and Specifications. It is the subdivider's responsibility to provide the Village Engineer all required proof that materials and workmanship meet or exceed Village and Lake County requirements.
(b) Pre-construction Meeting. Before construction shall begin, the subdivider, all primary contractors and Utility representatives shall attend a pre-construction meeting with the Village Engineer. Minutes shall be maintained of all such construction meetings and distributed to the Planning Commission for review and file retention.
(c) Project Adjustment Documentation: Decisions to modify requirements or make field adjustments by the Village Engineer as shall be allowed in this Regulation shall be fully documented, dated, signed and distributed to the Planning Commission for review and file retention.
(d) Inspection Notification: The subdivider and contractor shall notify the Village Engineer and the assigned job Inspector two working days in advance of any construction to utilities, roads, grading, stormwater systems, sidewalks, restoration work, landscaping or for any other village inspection requirement that may be required by the Village Engineer. Failure to notify may result in removal, and replacement of undocumented work as required by the Village Engineer.
(e) Public Safety:
(1) The subdivider and contractor shall employ flagmen and watchmen on the work site if deemed necessary by the Village Engineer or as directed by the Mayor or Village Council for the safety of the public.
(2) The subdivider and contractor shall erect and maintain strong and suitable reflective traffic warning devices, barricades, cones, barrels and signs to direct traffic and prevent accidents to people, vehicles and property. Such devices shall be installed prior to work in any right-of-way or as additionally required by the Village Engineer, the Mayor or Village Council for the safety of the public.
(3) The Subdivider and contractor shall comply with all Ohio Department of Transportation regulations for maintaining traffic, safety notification and construction methods.
(4) No manhole or utility excavation shall be left open awaiting connection or repair or removal at a later date without backfill, resurfacing and the placement of warning devices and lights.
(f) Testing and Inspection Costs: Specimens, testing and inspections as required in the Standards for Construction or as may be additionally required by the Village Engineer shall be at the expense of the subdivider.
(g) Experts and Consultant Cost: Consultants, experts, service technicians and contractors may be retained by the Village Engineer, Village Solicitor and Zoning Inspector as necessary to provide advice, design, administrative support and technical evaluations for the project. These technical and administrative support costs shall be at the expense of the subdivider and applied to deposits made by the subdivider to North Perry Village.
(Ord. 19-10. Passed 11-7-19.)
1155.02 STREETS.
Streets shall be designed and constructed so as to meet the following criteria:
(a) Road Pavement Width: Pavement widths shall be measured back-to-back of curbs. Pavement thickness and street type used shall be determined based on the fully developed traffic potential of the street, the amount of intersecting streets, the maximum potential traffic projection, and the upward progression of design from intersecting streets.
(1) Right-of-way and pavement widths shall be designed to meet or exceed the size as shown in the following table.
Street Type | Minimum Right of Way | Minimum Pavement Width |
Arterial or Major Highway | 80 ft. | 48 ft. |
Collector, Cul-de-sac Collector, Marginal Access | 60 ft. | 24 ft. |
Local Street | 60 ft. | 24 ft. |
Cul-de-sac Local (less than 700 ft. length) | 60 ft. | 24 ft. |
Commercial Neighborhood Street | 38 ft. | 24 ft. |
(2) Turn-around road endings on cul-de-sacs shall have a minimum 100 feet diameter right of way and 90 feet diameter pavement unless a larger diameter is required by the Chief of the Joint Perry Fire District. The turn- around shall be paved to meet the minimum ninety (90) foot diameter pavement requirements. Turnout radii of pavement at cul-desacs shall be fifty feet minimum. Permanent cul-de-sac roads may contain a landscaped center island. Center islands landscaping on cul-de-sac roads shall be maintained by and at the expense of a Homeowners Association.
(b) Pavement Content: Pavement shall be constructed of Portland cement concrete conforming to Section 450 of Ohio Department of Transportation (ODOT) Specifications, or full- depth asphalt conforming to Section 400 of the same specifications, or such other combination of materials that will meet and exceed the same design criteria as approved in writing by the Village Engineer. The selection of pavement construction material may be specified by the Planning and Zoning Commission for the purpose of present or future neighborhood compatibility
(c) Pavement Thickness:
(1) Pavement thickness shall be as per the following chart:
Portland Cement | Asphalt | |||
Street Type | Sub-base | Pavement | CBR | Pavement |
Arterial or Major Highway; Collector (Cul-de-Sac or Marginal Access); Commercial Neighborhood Street | 6" | 9" | 3-5 | 10' |
5-9 | 8' | |||
Local Street (Thru or Cul-de-Sac) | 4" | 8" | 3-5 | 8" |
5-9 | 7" | |||
(2) Pavement thickness illustrated above may be modified through the usage of soil-cement stabilization or geotextile fabrics. Calculations by a registered Engineer, shall demonstrate that the resulting stabilized road will exceed these standards, and shall be submitted to the Village Engineer for written pre-approval.
(3) In addition to the above chart, all asphalt pavement thickness shall be designed using the results of testing indicating the California Bearing Ratio (CBR).
(4) Concrete pavement shall also be evaluated and tested to the satisfaction of the Village Engineer. These tests shall be conducted by a registered Geotechnical Engineer and his report, certifications and recommendations shall be submitted to the Village Engineer prior to submission of final plans. All costs relative to such testing and evaluation shall be borne by the applicant. The Village Engineer shall recommend the final pavement type and thickness in writing to the Planning Commission.
(d) Curbs and Sidewalk Ramps:
(1) Curbs shall be constructed of Portland cement concrete in accordance with Section 499 of the ODOT specifications.
(2) Where pavement type is Portland cement, a four (4) inch mountable, integral curb will be provided.
(3) Where pavement type is full-depth asphalt, a two and one-half (2-1/2) foot curb and gutter section conforming to a type 3 ODOT standard shall be provided.
(4) Intersections handicap ramps shall be provided at walk extensions.
(e) Road Under-drains: Under-drains shall be provided along both sides of all roads and in under-road locations designated by the Village Engineer. Pipe size, depth and backfill materials and construction fabrics shall be as approved by the Village Engineer based on soil, silt and sediment accumulation potential and site conditions to minimize and prevent sedimentation in these lines.
(f) Road Sub-Base: Sub-base shall be free of sod, vegetation, soft clay, water, or other objectionable material for a minimum depth of two (2) feet below finished subgrade. The sub-base shall be rolled, shaped and compacted to a minimum depth of one (1) foot below subgrade and to a minimum width of eighteen (18) inches beyond the back of curbs. Compaction shall not be less than one hundred percent (100%) of maximum dry density. The subdivider’s Engineer may recommend fabric underlay in addition to this sub-base due to wetness, soil, materials and site conditions for the approval by the Village Engineer.
(g) Road Radius and Horizontal and Vertical Alignment:
(1) The minimum radius at intersections measured at the outside of pavement shall be 35 feet for local and collector streets and 50 feet for arterial streets.
(2) Horizontal and vertical alignment shall meet the minimum standards as shown on the following table:
Arterial Street | Collector Street | Local Street | Cul-De- Sac | Commercial Neighborhood Street | |
Minimum Horizontal Centerline Radius | 500 ft. | 350 ft. | 200 ft. | 100 ft. | 350 ft. |
Minimum Tangent Between Reverse Curves (Road Centerline Dimension) | 200 ft. | 100 ft. | 50 ft. | 50 ft. | 100 ft. |
Minimum Clear Sight | 500 ft. | 400 ft. | 200 ft. | 100 ft. | 400 ft. |
Minimum Gradient | 0.52 | 0.52 | 0.52 | 0.52 | 0.52 |
Distance Maximum Gradient | 6% | 8% | 10% | 10% | 8% |
Minimum Vertical Curve Length | 100 ft. | 100 ft. | 50 ft. | 50 ft. | 100 ft. |
Minimum Street Intersection Angle | 80 deg. | 80 deg. | 75 deg. | 70 deg. | 80 deg. |
Minimum Intersection Centerline Offset | 300 ft. | 250 ft. | 150 ft. | 150 ft. | 250 ft. |
(3) Where the vertical curve length results in a potential hazard as determined by sight and stopping distances, the vertical curve length may be increased by the Village Engineer.
(4) Vertical curves shall be provided at any change of vertical grade where the algebraic difference on grades is 0.5% or greater. Sight distance shall be determined by most recent standards established by American Association of State Highway and Transportation Officials (AASHTO).
(h) Commercial Planned Development: Where the Planning Commission approves a Commercial Planned Development plan pursuant to this Planning and Zoning Code, which shall only occur due to either topographical conditions, existing utility locations, or the relationship of the Commercial District to Route 20 and where commercial buildings will have their front or rear facing on a commercial neighborhood street, a commercial neighborhood street may be provided and improved in lieu of other street types designated in these Subdivision Regulations. In the event a Commercial Planned Development plan is approved, the Planning Commission may grant modifications or variances to these Subdivision Rules when it will have no adverse effect on the health, safety and welfare of the Village and will help promote the development of the Commercial Planned Development. Such action shall be deemed to be a waiver of the Subdivision Regulations and shall be granted only in compliance with the procedures set forth in the Subdivision Regulations. In each instance when any improvement will occur and such improvement is subject to these Subdivision Regulations, the Planning Commission shall determine the appropriate street type to be required for such development.
(1) The intersection of more than two (2) streets at a point or with centerline offsets of less than one hundred fifty (150) feet shall not be permitted.
(2) Property lines at street intersections shall be rounded with a radius of not less than twenty-five (25) feet.
(i) Street Name: Street names shall be selected that will not duplicate or be confused with the names of existing streets in the vicinity irrespective of modifying terms such as street, avenue, boulevard, etc. Streets that are or will eventually be continuations of existing or planted streets shall be named the same. Street names shall be subject to the approval of the Planning Commission and wherever possible shall be in accordance with the following system:
General Direction | Long Continuous | Short Disconnected |
North-South | Roads | Courts |
East-West | Avenues | Places |
Diagonal | Streets | Ways |
Curving | Drives | Lanes or Circles |
(Ord. 19-10. Passed 11-7-19.)
1155.03 STREET LIGHTING AND TRAFFIC CONTROL.
(a) Traffic Control Signs. All street signs, street name signs and traffic control lights and signs shall be installed by the subdivider before acceptance of a road. All Traffic Control Signs shall conform to the specifications, requirements and locations as set forth in the Ohio Manual for Uniform Traffic Control Devices and as approved by the Village Engineer and Chief of Police.
(b) Street Name Signs: Such shall be furnished and installed by the Subdivider. The design of the signs shall be in accordance with published standards as prescribed by the Village Engineer and as approved by the Planning Commission and Chief of Police. Signs shall be placed as determined by the Village Engineer and the Chief of Police.
(c) Street Lighting: The subdivider shall install street lighting along all new and existing roads that are contiguous to the subdivision lots.
(1) All street lighting electric supply shall be contained in underground cables. Cable system shall be able to be metered if necessary.
(2) Street lighting shall be approved by the Planning Commission, and shall be in harmonious agreement with the architecture of the neighborhood and with street lighting in other North Perry subdivisions. Street lighting shall avoid any glare or direct light into existing homes. The Planning Commission shall also consider availability of replacement components and ease of maintenance.
(3) Street lighting shall be supported and paid by an association of property owners that benefit from such lighting.
(4) Street lighting facilities shall be permanently mounted on a foundation, and shall be spaced a maximum distance apart of one every 200 feet. All intersections shall have street lighting that illuminates the intersection and crosswalks from each corner.
(d) Traffic Control Lights: Electric traffic control lights and permanent warning blinker lights shall conform to the specifications, requirements and locations as set forth by the Village Chief of Police and the Ohio Manual of Uniform Traffic Control Devices.
(e) Roadway Painting, Marking and Stencils: Before acceptance of road dedication, all signage, traffic control lights, street lights, and roadway safety markings must be in place. All roadway painting and marking shall be approved on a plan in advance by the Village Engineer, Chief of Police, and the Planning Commission.
(1) Stop Sign: Traffic stop bars shall be placed on the pavement at each stop sign location.
(2) Crosswalks: Pedestrian crossing areas and bicycle crossing areas shall be marked on the pavement or permanently installed with colored and textured pavement and lighter color material for outlines.
(3) Edge Lines and Center Markings: All road edges shall be marked unless the Village Engineer and Police Chief waive the requirement due to curbing or other factors. All bicycle pathways attached to the roadway shall be appropriately marked with edge lines and stencils a maximum distance apart of one every 300 feet prohibiting vehicle access and indicating bicycle only use as approved by the Chief of Police.
(4) Traffic Safety Stenciling: Where traffic safety shall require road stenciling for such locations as roadway dividing (arrows), school crossing, bicycle path crossing or any other appropriate safety notice requirement, the sub- divider shall install such pavement stenciling as required by the Village Engineer and Chief of Police.
(Ord. 19-10. Passed 11-7-19.)
1155.04 SIDEWALKS.
(a) Sidewalks shall be constructed of Portland cement concrete in conformance with ODOT specifications Section 499, Class C, or other material determined by the Village Engineer to meet the same performance and maintenance standards.
(b) The minimum thickness of sidewalks shall be four (4) inches. At driveways and other points of vehicular crossing the thickness shall be six (6) inches.
(Ord. 19-10. Passed 11-7-19.)
1155.05 PARKING AND DRIVEWAYS.
(a) Driveway Aprons: Driveway aprons six (6) inches thick shall be provided from the sidewalk to the curb at all driveway locations. Driveways shall conform to construction standards established by the Village Engineer and have a maximum grade of ten percent (10%). Driveway aprons shall be Portland cement concrete and shall be reinforced with steel mesh for all commercial and/or industrial drives or equivalent design as approved by the Village Engineer. An equivalent thickness of asphalt based on CBR method for the anticipated traffic may be used in lieu of concrete for nonresidential applications with the approval of the Village Engineer.
(b) Curb Cuts: All driveway aprons shall have the curb cut to one (1) inch reveal in height in conformance with North Perry Village specifications and standards.
(Ord. 19-10. Passed 11-7-19.)
1155.06 PUBLIC WATER.
(a) Adequate Water Service: Adequate public water service shall be provided for all lots in conformance with the rules, regulations and approval of the Ohio Environmental Protection Agency and the Lake County Utilities Department.
(b) Service Connections: Service connections shall be provided for each lot and shall be installed at the time the water main is installed.
(c) Hydrant Spacing: In general, the spacing of fire hydrants shall be a maximum of 300 feet in residential areas and a maximum of 250 feet in commercial and/or industrial areas; however, the actual locations shall be as determined and approved by the Lake County Utilities Department and the Joint Perry Fire District to ensure public safety.
(d) Written Approval: Written approval shall be submitted by the subdivider as evidence that the construction plans of the water supply system have been reviewed and approved by the Lake County Utilities Department and the Lake County Sanitary Engineer prior to approval of the final plat. (Ord. 19-10. Passed 11-7-19.)
1155.07 SANITARY SEWER.
(a) Sanitary Sewer Service. Each lot shall be served by an adequate sanitary sewage collection and disposal system in accordance with the applicable rules, regulations and approval of the Ohio Environmental Protection Agency, the Lake County Utilities Department and the Lake County General Health District.
(b) Written Evidence: Written evidence that the sewer construction plans have been reviewed and approved by the Lake County Sanitary Engineer and the Village Engineer shall be submitted by the subdivider to the Planning Commission prior for approval of the final plat.
(Ord. 19-10. Passed 11-7-19.)
1155.08 STORM DRAINAGE.
An adequate storm drainage system shall be provided for each subdivision and documented in the Stormwater Management Plan. The design of said system shall be based on a minimum five-year frequency.
(a) Rainfall intensity, runoff coefficients and concentration times used in computing flows and structure sizes shall be in accordance with the tables, charts and the data established in the Stormwater Management Plan for such calculations. All areas which contribute storm water to the proposed storm drainage system must be considered on the determination of the sizes of pipes, structures and channels.
(b) Drainage plans shall be accompanied by two (2) copies of the design computations and a topographic map showing existing and proposed contours and indicating design increments. Hydraulic gradient checks for less frequent storms may also be required by the Village Engineer where deemed appropriate.
(c) Culvert sizes shall be determined by using the Rational design method and shall be based on a minimum ten-year frequency rainfall, or other more stringent methodology as required by the Village Engineer and the Stormwater Management Plan.
(d) Bridges shall be based on a fifty-year frequency storm using the design method contained in Ohio Department of Natural Resources Bulletin #45.
(e) Detention ponds or basins shall be provided where necessary to control the volume and velocity of storm water leaving the site. Detention ponds and basins shall be designed to meet and exceed the Stormwater Management Plan. Such facilities shall be approved by the Village Engineer and the Lake County Soil and Water Conservation District.
(f) Storm sewer and drainage system connections shall be provided to every lot at least to the building setback line, and easements shall be provided by the subdivider for maintenance. The subdivider shall provide for the continued maintenance or for a property owner association or for an agreement for such continued maintenance that meets the approval of the Village Solicitor and the Planning Commission. All downspouts shall be connected. Such connections shall be to underground piping. No above ground drainage pipe shall be permitted.
(g) Footer drains shall be connected to storm sewers or drainage system as required by the Lake County Building Department standards. The building contractor or excavator shall test and determine the water level at the excavation site and notify the Village Engineer of this level before the foundation is placed.
(h) Storm sewers shall be constructed of materials approved for use by the Village Engineer based on performance standards as established by the Ohio Department of Transportation (ODOT).
(i) Manholes shall be provided at all changes in alignment, end points, and grade changes of storm sewers and at such other locations as necessary to provide sufficient maintenance access and maintain a maximum interval between manholes on storm sewers of three hundred-fifty feet (350) for pipes sizes twelve (12) inches to twenty-four (24) inches and five hundred (500) feet for pipe sizes greater than twenty-four (24) inches or shorter distance intervals as required by the Village Engineer.
(j) Storm inlet or catch basin grates shall be of a type design to permit safe crossing by bicycles and other pedestrian traffic as approved by the Ohio Department of Transportation (ODOT).
(Ord. 19-10. Passed 11-7-19.)
1155.09 SEDIMENT AND EROSION CONTROL.
(a) Erosion Control Plan:
(1) Measures shall be taken to minimize erosion and its impacts during subdivision construction activity.
(2) All construction and improvement activity areas including but not limited to berms, ditches, streams, retention areas, and slopes shall be protected against soil erosion by seeding within 15 days of the completion of such activity. In the interim, mechanical methods such as mulch, silt fencing, and temporary seeding shall cover and contain all exposed areas throughout the site during construction and prior to seeding.
(3) Detailed Erosion Control Plans set forth the techniques to be used both temporarily (during construction) and permanently and a schedule for implementing or installing same shall be submitted to Lake County Soil and Water Conservation District for review and recommendation. Evidence that the plans for same meet or exceed Lake County Soil and Water Conservation Department regulations, Lake County Engineering requirements, and North Perry Village Regulations, shall be submitted to the Planning Commission for approval of the final plat.
(4) All erosion control devices shall be in place and maintained at the start of construction and other measures shall be implemented.
(5) Erosion control plans shall be based upon controlling erosion on-site with the object of eliminating or minimizing erosion or sedimentation impacts off-site. Techniques, devices or measures used shall meet or exceed Village Regulations and shall be as approved by the Village Engineer based on current policies and standards.
(6) No construction shall proceed in streams, waterways, retention ponds, conservation areas or areas deemed to be retained as natural by the Planning Commission without an inspector reporting to the Village Engineer present.
(7) A bond to an amount satisfactory to cover all construction restoration and potential remediation shall be required. The amount of such bond shall meet or exceed the Village Engineer estimate of such construction and be to the satisfaction of the Village Solicitor.
(b) Erosion Control Schedule: A schedule for implementing, installing and inspecting of all erosion control measures shall be updated by the Village Engineer as work progresses.
(c) Penalties:
(1) The Zoning Inspector in consultation with the Village Engineer shall issue a stop work order for failure to maintain adequate erosion control measures or failure to maintain an erosion control schedule. Such penalty shall remain in effect until corrective measures are installed and functioning to the satisfaction of the Lake Soil and Water Conservation District and the Village Engineer.
(2) Additional financial penalties or remediation requirements may be imposed at the recommendation or direction of the Lake Soil and Water Conservation District and the Village.
(Ord. 19-10. Passed 11-7-19.)
1155.10 UTILITIES.
(a) Location of Utilities: All utilities (including but not limited to gas, electric, telephone and CATV cables) shall be located underground throughout the subdivision. Wherever existing utility facilities are located above ground, they shall be removed and placed underground as recommended and approved by the Planning Commission.
(b) Utility and Drainage Easements
(1) Utility easements.
A. Easements twelve (12) feet in width shall be provided adjacent to each side of and contiguous with all proposed and existing rights-of-way. Such easements shall be usable for any and all underground utilities licensed in the Village of North Perry.
B. Where utilities are not located in the street, easements of at least twelve (12) feet in width and no greater than twenty (20) feet total width and shall be located contiguous with or on the center of rear lot lines and on side lot lines where necessary. No trees shall be planted or structures constructed on such easements.
(2) Drainage ways.
A. Where a subdivision is traversed by a water course, drainage system, or stream, a storm water setback or conservation easement, conforming with the Comprehensive Plan and substantially with the lines of such watercourse shall be provided. The easement shall be at least twenty (20) feet wide or of such further width as is adequate for the purpose. Parallel rear lot lines may be required along such way.
B. The Planning Commission at its discretion, may allow other such uses as may be deemed in the best interest of the Village within said easement. No structures shall be erected on a drainage easement.
(Ord. 19-10. Passed 11-7-19.)
1155.11 LANDSCAPING.
(a) All improved areas within dedicated street rights of way shall be graded, top-soiled, and seeded in accordance with the Construction Improvement Plan and schedule and approved by the Village Engineer. The subdivider shall submit a landscape plan as a part of the Improvement Plan for approvals. Trees shall be required and in accordance with the approved landscape plan as required by the Planning Commission.
(b) The location of existing trees to be preserved on the site shall be shown on a landscaping plan to be submitted with the construction drawings.
(c) The subdivider shall be responsible for the establishment of required trees and such responsibility shall extend for one (1) year from the date of original planting. The Village Engineer shall require that a bond be posted or an amount included in the Performance and Maintenance Bond to ensure the planting and replacement of trees. The amount of said bond shall be based on the estimated costs of planting and establishing the required trees.
(Ord. 19-10. Passed 11-7-19.)
1155.12 TESTING.
Testing to ensure compliance with the standards contained herein shall be as required by the Village Engineer and shall be at the expense of the subdivider.
(Ord. 19-10. Passed 11-7-19.)
NORTH PERRY VILLAGE ZONING FEES
Residential Permits: | FEE |
New Construction | $125* |
Addition | $75* |
Multi-Family | $125* |
Garage | $50* |
Accessory Structure (Shed, Fence, Wall, Deck, Patio, ETC) | $25 |
New Drive | $50* |
Swimming Pool | |
Above Ground | $25 |
In-Ground | $50 |
Commercial Permits: | |
New Construction | $350* |
Addition | $350* |
Accessory Structure (Storage Bldg., Fence, Wall, ETC) | $100* |
New Drive | $150* |
Building Move/Demo/Relocation: | |
Move - Residential | $75* |
Move - Commercial | $150* |
Disassemble/Demolish | $10 |
Excavation: | |
All Excavation (Sand/Gravel, Drilling, Filling, Dumping, Surface Extraction, Roadway) | $100* + CU Permit |
Waterways: | |
All Waterways (Pond, Watercourse, Retention Basin, Storm Drain System) | $100* + CU Permit |
Cell Tower: | |
New Tower | $500 + CU Permit |
Co-Location | $250 + CU Permit |
Alternative Energy System: | |
Solar or Wind Power | $50* + CU Permit |
Lot Split/Lot Line Adjustment: | |
Lot Line Adjustment | $150 |
Lot Split | $150/Lot* |
Major Subdivision: | |
Major Subdivision | $1500 + $150/Lot Eng. Review Legal Review |
Signs: | |
Temporary Signs | $25 |
Residential Use Signs | $25 |
Commercial Signs | $100 |
Billboards | $250 + CU Permit |
Other: | |
BZA/Appeal | $250 |
Site Plan Review or Other Planning Commission Meeting Request | $150 |
Conditional Use Permit | $250 |
Zoning Amendment or Zoning Map Change Request | $500 |
Copy of Zoning Book | $25 |
Notes:
1)* = Permit may require an engineering review which will be a separate fee.
2) The Village of North Perry reserves the right to request outside consultation, for any permit, at the cost to the applicant. Outside consultation may include, but not limited to, Professional (Engineering), Legal or Governmental (Local, State or Federal).
3) Where a fee does not exist for an application, the Zoning Inspector shall determine the required fee based on similar or like categories of the fee requirements.
(Ord. 19-09. Passed 10-3-19.)
CODIFIED ORDINANCES OF NORTH PERRY