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Obetz City Zoning Code

CHAPTER 1137

Site Development Plans, Engineering Plans, and Stormwater Pollution Prevention Plans

1137.01 PURPOSE AND INTENT.

   The requirements provided for herein are intended to manage and direct the built environment in order to promote good planning and site development; reduce and mitigate environmental and service impacts resulting from development; ensure that infrastructure improvements meet the requirements of the Village; ensure that the requirements of the United States Environmental Protection Agency and Ohio Environmental Protection Agency are met; and to protect the public health, safety, and general welfare of the Village.
(Ord. 37-15. Passed 6-22-15.)

1137.02 SITE PLANS DEFINED.

   Site Plans are required for most new construction and redevelopment projects. There are two types of Site Plans (1) Major Site Plans; and (2) Minor Site Plans. The type of Site Plan required depends on the scope of the project.
   (a)   Major Site Plans. Major Site Plans require approval of the Planning and Zoning Commission. A Major Site Plan is required and shall be submitted for any of the following:
      (1)   A development involving new building construction with the exception of one or two family residential and accessory structures; developments located in a planned district which has an approved Final Development Plan; and an accessory building associated with non-single family residential uses which require a Conditional Use Permit.
      (2)   A development involving an addition of more than 25 percent of the gross floor area of a structure.
      (3)   A development involving the construction of more than 10,000 square feet of impervious surface;
      (4)   A development that is adjacent to or that includes any waterway;
      (5)   Any development adjacent to an existing residential zoning district;
      (6)   A development which conflicts with an adopted municipal plan;
      (7)   The redevelopment of a non-conforming site or site which does not meet the current development standards of the zoning district in which it is located or the modification of existing buildings, parking, or curb cuts at the site;
      (8)   The addition or modification of three or more curb cuts;
      (9)   A development which generates sufficient volumes of traffic, unusual patterns, or types of traffic that result in lowering the level of service of affected streets or intersections as determined by the Zoning Administrator and/or Director of Engineering; or,
      (10)   Unusual or unique developments that in the professional opinion of the Zoning Administrator and/or Director of Engineering warrant review of the Planning and Zoning Commission even if the project does not warrant Major Site Plan review.
   (b)   Minor Site Plans. Minor Site Plans are approved by the Zoning Administrator and do not require action of the Planning and Zoning Commission. A Minor Site Plan is required and shall be submitted for the following:
      (1)   A development involving an addition of 25 percent or less of the gross floor area of a structure provided the amount of square footage does not exceed 50,000 square feet;
      (2)   A development involving the construction or modification of an impervious surface (including parking lots) up to and including 10,000 square feet;
      (3)   The addition or modification of up to two curb cuts;
      (4)   The addition or modification of dock doors;
      (5)   Modification of no more than 50 percent of the landscaping approved as a part of a Major Site Plan or other previously approved landscape plan; and,
      (6)   Modification of a site's stormwater retention or detention areas.
         (Ord. 37-15. Passed 6-22-15.)

1137.03 MAJOR SITE PLANS APPROVAL PROCESS.

   (a)   Application and Submittal Requirements. An application for a Major Site Plan shall be filed on a form provided by the Village. The applicant shall pay a fee in accordance with the adopted fee schedule. Major Site Plans shall meet the submittal requirements kept on file at the Village. The Zoning Administrator may waive any items if not applicable to the project.
   (b)   Procedure. An application for a Major Site Plan shall be submitted to the Zoning Administrator who shall review it for completeness and compliance with the Codified Ordinances. Major Site Plans that do not comply with the Codified Ordinances shall not be placed on the Planning and Zoning Commission's agenda. Submittal shall be thirty (30) days prior to the meeting date at which the Major Site Plan will be reviewed by the Planning and Zoning Commission.
   (c)   Action and Effect. Upon approval of a Major Site Plan, the Zoning Administrator shall sign and return a copy of the approved Plan. The approval is valid for twelve months from the signature date unless a Building Permit has been obtained for construction. A single extension, not to exceed six (6) months, may be given by the Planning and Zoning Commission upon written request by the applicant. The Planning and Zoning Commission has the discretion to deny the extension.
   The Planning and Zoning Commission may attach conditions to the approval of the Major Site Plan in order to preserve the public health, safety and welfare of Obetz.
(Ord. 37-15. Passed 6-22-15.)

1137.04 MINOR SITE PLAN APPROVAL PROCESS.

   (a)   Application and Submittal Requirements. An application for a Minor Site Plan shall be filed on a form provided by the Village. The applicant shall pay a fee in accordance with the adopted fee schedule. Minor Site Plans shall meet the submittal requirements kept on file at the Village. The Zoning Administrator may waive any items if not applicable to the project.
   (b)   Procedure. Within twenty-one (21) days of filing a complete application, the Zoning Administrator shall approve, approve with conditions, or deny the Minor Site Plan. If the Minor Site Plan is denied, the Zoning Administrator will list the reasons why the Minor Site Plan was denied. If a Minor Site Plan is denied, the applicant may appeal the decision using the process outlined in 1183.04(c).
   Upon review, the Zoning Administrator may also determine that the project does not meet the requirements for Minor Site Plan review and require the applicant to seek a Major Site Plan. If the applicant is required to seek Major Site Plan approval, the Zoning Administrator will notify the applicant and seek the required additional information.
   (c)   Action and Effect. Upon approval of a Minor Site Plan, the Zoning Administrator shall sign and return a copy of the approved plan. The approval is valid for twelve months from the signature date unless a Building Permit has been obtained for construction. A single extension, not to exceed six (6) months, may be given by the Zoning Administrator upon written request by the applicant. The Zoning Administrator has the discretion to deny the extension.
   The Zoning Administrator may attach conditions to the approval of the Minor Site Plan in order to preserve the public health, safety and welfare of Obetz.
(Ord. 37-15. Passed 6-22-15.)

1137.05 ENGINEERING PLANS.

    (a)   Engineering Plans. An Engineering Plan, prepared by persons professionally qualified to do such work, is required and must be approved by the Director of Engineering. Engineering Plans may be submitted concurrently with Minor Site Plans. A Preliminary Engineering Plan must be approved prior to approval of a Major Site Plan pursuant to Section 1137.05(b) of the Codified Ordinances. Engineering Plans are required for the following:
      (1)   Any project involving paving or grading;
      (2)   Any project involving the addition or modification of water, sewer, or storm sewer lines or stormwater infrastructure;
      (3)   Any project involving the creation of a new curb cut or the modification of an existing curb cut;
      (4)   Engineering plans are not required for one and two family dwelling and accessory units.
   (b)   Preliminary Engineering Plans. The submittal and approval of a Preliminary Engineering Plan ensures engineering standards can be met prior to proceeding through the development process. A Preliminary Engineering Plan shall be submitted to the Director of Engineering prior to submitting a Major Site Plan to the Planning and Zoning Commission if the project requires an Engineering Plan. The Planning and Zoning Commission will not take action on a Major Site Plan prior to the approval of a Preliminary Engineering Plan by the Director of Engineering.
   The submittal and approval of a Preliminary Engineering Plan is not required for projects that do not require a Major Site Plan.    
    (c)   Application and Submittal Requirements. All Engineering Plans shall be submitted to the Director of Engineering. Engineering Plans shall meet the submittal requirements kept on file in the Office of the Director of Engineering. The Director of Engineering may waive any items if not applicable to the project.
   (d)   Procedure. Within twenty-one (21) days of filing an Engineering Plan for review, the Director of Engineering shall determine if the Engineering Plan complies with the standards of the Municipality. The applicant shall modify the Engineering Plan until it complies with the standards of the Municipality and requirements of the Director of Engineering.
   (e)   Action and Effect. Upon approval of an Engineering Plan, the Director of Engineering shall sign and return a copy of the approved Plan. The approval is valid for twelve months from the signature date unless a Building Permit has been obtained for construction. A single extension, not to exceed six (6) months, may be given by the Director of Engineering upon written request by the applicant. The Director of Engineering has the discretion to deny the extension.
   The Director of Engineering may attach conditions to the approval of an Engineering Plan in order to preserve the public health, safety and welfare of Obetz.
(Ord. 37-15. Passed 6-22-15.)

1137.06 STORMWATER POLLUTION PREVENTION PLANS.

   Stormwater Pollution Prevention Plans shall be submitted to the Director of Engineering when construction activities disturb one acre or more, including smaller sites that are part of a larger common plan of development which meets this threshold. All Stormwater Pollution Prevention Plans shall meet the requirements of the United States Environmental Protection Agency's Construction General Permit and State Of Ohio Environmental Protection Agency's Construction General Permit. Stormwater Pollution Prevention Plans shall be standalone documents and shall not be included on the Engineering Plans.
(Ord. 37-15. Passed 6-22-15.)

1137.07 REQUIRED IMPROVEMENTS AND DESIGN STANDARDS.

   (a)   All improvements required by this Chapter shall be installed at the cost of the developer and in accordance with construction standards of Obetz. All site design shall take into consideration all existing local plans for Obetz.
   (b)   Upon approval of the Engineering Plans, there shall be executed by the owner or developer an agreement to construct such required physical improvement as are located within public rights-of-way or easements or as are connected to any public facility in form and substance as approved by the Municipality, together with a bond with surety, cashier's check or escrow account in the amount of the estimated cost of the required improvements as submitted by the developer and approved by the Director of Engineering. The aforesaid agreement and bond or condition shall be provided for completion of all work covered thereby within the time to be determined by the Director of Engineering, which time may be extended upon written application by the owner or developer, signed by all parties (including sureties) to the original agreement. The Director of Engineering may also require a restoration bond. Said bond shall be to insure repair of any damage done to existing curb, gutter, sidewalk, street pavement, landscaping, or other items within the right-of-way adjacent to a project. The amount of said bond shall be as determined by the Director of Engineering based on his estimate of potential damage. The Administrator may waive the bond requirements for any project.
   (c)   All street construction standards and geometric design standards shall be in accord with those specified by the regulations of Obetz except where specifically modified by the Director of Engineering.
   (d)   Private vehicular travel lanes or driveways designed to permit vehicular travel on the site and to and from adjacent property and parking areas shall be constructed not less than twenty (20) feet in width except where specifically modified by the Director of Engineering.
   (e)   Adequate drainage for the disposition of storm and natural waters both on and off-site shall be provided. The extent of both on-site and off-site treatment shall be approved by the Director of Engineering. A Stormwater Maintenance Agreement shall be executed between Obetz and the property owner prior to completion of the stormwater management infrastructure and issuance of a Certificate of Occupancy for any phase of the property.
   (f)   Water service shall be based on the requirements of the Director of Engineering.
   (g)   Sanitary sewer facilities shall be constructed in accordance with the requirements of the Director of Engineering.
   (h)   In the preparation of site development plans, consideration will be given to provide suitable areas for parks, schools, open space, and other areas of public recreational use, especially when such facilities are proposed in the municipal Comprehensive Plan or other planning documents.
   (i)   Fire hydrants shall be located within one hundred and fifty (150) feet of any proposed structure as approved by the Director of Engineering.
   (j)   Provision shall be made for sidewalks and pedestrian walkways which will enable patrons, residents and/or tenants to walk safely and conveniently from one building to another within the site and to building and/or uses on adjacent sites. Sidewalks shall be constructed in accordance with Municipal standards and the requirements of the Director of Engineering.
   (k)   Landscape planting, screening, buffering, fences and other physical improvements shall be provided in accordance with the Codified Ordinances.
   (l)   To the maximum extent possible, development shall be located to preserve the natural features of the site; to avoid areas of environmental sensitivity; and to minimize negative impacts and alteration of natural features.
   (m)   All improvements that will ultimately be dedicated and become a part of the Municipality owned infrastructure system shall be inspected full-time during construction by the Municipality or their authorized representative. The costs of such inspection shall be paid by the developer. (Ord. 37-15. Passed 6-22-15.)

1137.08 ADMINISTRATION AND ENFORCEMENT.

   (a)   No permit shall be issued by any administrative officer for the construction of any building or improvement requiring a permit in any area covered by a site development plan, Engineering Plan, or Stormwater Pollution Prevention Plan except in conformity with the provisions of this chapter and duly approved plans. No construction or site improvements shall be initiated until the site plan, engineering plan, and/or Stormwater Pollution Prevention Plan has been approved.
   (b)   Any site development may be revised and such revisions shall be accomplished in the same manner as the original approval, provided, however, that minor technical changes which do not substantially alter the original site plan may be authorized by the Zoning Administrator.
   (c)   Upon satisfactory completion of the required improvements the Director of Engineering shall release any remaining bonds.
(Ord. 37-15. Passed 6-22-15.)