(a) For certain land uses that are considered to have a significant potential impact on traffic, the infrastructure and demands for public services, and/or significant impacts on surrounding properties due to scale, the applicant may be required by the Planning Commission to provide an impact assessment during the initial submittal for either a rezoning or site plan approval. The cost of the impact assessment and review by the City shall be borne by the applicant.
(1) The minimum contents of this impact assessment shall include:
A. The name(s) and address(es) of person(s) or firm(s) responsible for preparation of the impact assessment and a brief statement of his, her, or their qualifications.
B. An area plan or aerial photograph illustrating the entire site and nearby properties.
C. A description of overall site conditions, including a narrative and illustration describing adjacent uses, zoning, public roadways, utilities, significant woodlands, trees over eight (8) inches caliper, soil types, one hundred (100) year floodplains, drainage ways and general topography. The area described shall be within one-quarter (1/4) mile for sites up to one hundred (100) acres and one (1) mile radius for larger sites. Aerial photographs are recommended to assist in describing the general vicinity.
D. A conceptual site plan illustrating a general layout of proposed uses upon which the preliminary impact assessment is based and any proposed phasing.
E. A description of the types of proposed uses and other man-made facilities, including any project phasing and an indication of how the proposed use or uses conform or conflict with existing and comprehensively planned development patterns. A description shall be provided of any increases in light, noise or air pollution, which could negatively impact adjacent properties, particularly increases associated with smoke or truck routing.
F. A description of any general impact expected to wildlife areas, lakes, streams, ponds and regulated wetlands. Conceptual mitigation or replacement measures under consideration shall be described. The study shall also describe general measures to control soil erosion and sedimentation during and after construction.
G. A description of the number of expected employees, visitors or residents and the anticipated impact on police and fire protection. In particular, a description of the relationship of the use to City fire stations and the need for any new facilities or equipment shall be required. Letters from the appropriate agencies should be provided.
H. A description of proposed water and sanitary sewer facilities, including any improvements or off-site extensions needed to serve the long-range development on the site and general calculations for sewage flows and water demands in comparison with sewer line capacity.
I. A description of conceptual plans to control drainage and any significant changes from existing drainage patterns.
J. Identification of methods of on and off-site disposal of solid waste. The information shall describe the type of hazardous substances expected to be used, stored or disposed of on the site, the general location within the site and the method of containment. Documentation of compliance with Federal and State requirements and a Pollution Incident Prevention Plan (PIPP) shall be submitted, as appropriate.
K. Documentation by a qualified wetland specialist shall be required wherever the City determines that there is a potential State or Federally regulated wetland which may be impacted by the proposed project.
L. A traffic impact study shall be included in the impact assessment.
(Ord. 27-2006. Passed 3-7-06.)
1255.02 TRAFFIC IMPACT STUDY.
1255.03 INTENT.
The City may require traffic studies in certain cases to identify the anticipated traffic impacts and to assist in decision-making. The intent of this Chapter is to provide specific direction for the preparation of traffic impact studies where such studies are required. The requirements of this Chapter are also intended to help the City determine the appropriateness of certain uses at proposed locations in terms of traffic impacts and the adequacy of proposed access design. Traffic impact studies may also be used by the applicant to justify additional access points.
(Ord. 27-2006. Passed 3-7-06.)
1255.04 APPLICABILITY.
A traffic impact study may be required by the Planning Commission for special approval uses, for any use which is expected to generate over one hundred (100) directional trips in any peak hour or over seven hundred fifty (750) directional trips in an average day or for projects at locations that currently experience traffic operational problems.
(Ord. 27-2006. Passed 3-7-06.)
1255.05 SUBMITTAL PROCEDURES.
The traffic impact study shall be submitted with the site plan or with other material required to be submitted.
(Ord. 27-2006. Passed 3-7-06.)
1255.06 QUALIFICATIONS OF PREPARER.
The person responsible for the preparation of the study shall have a degree or specific professional training in the preparation of traffic impact studies. The preparer shall have at least three (3) years of recent experience in the preparation of traffic impact studies, shall provide evidence of ongoing experience and familiarity with the Highway Capacity Manual and other traffic operation evaluation techniques, shall be an associate (or higher) member of one (1) or more professional transportation-related organizations and shall be either a registered professional engineer (PE) or a planner with AICP certification. Any study involving roadway or traffic signal design work shall be prepared by or under the supervision of a PE with specific training in traffic engineering.
(Ord. 27-2006. Passed 3-7-06.)
1255.07 CONTENTS.
The extent of information to be provided depends upon the expected trip generation of the proposed project. The information provided in the traffic impact study shall include:
(a) A description of the site, surroundings and study area. Illustrations and a narrative should describe the characteristics of the site and adjacent roadway system (functional classification, lanes, speed limits, etc.). This description should include surrounding land uses, expected development in the vicinity which could influence future traffic conditions, special site features and a description of any committed roadway improvements. The study should define and justify the study area selected for analysis.
(b) A description of the requested use which relates to traffic generation, such as the number and types of dwelling units, the gross and usable floor area, the number of employees and shift change factors. Intended phasing or future expansion should also be noted.
(c) A description of existing peak-hour traffic volumes (and daily volumes if applicable) at intersections and on street(s) adjacent to the site. The existing level of service analysis shall be provided for intersections in the vicinity that are expected to experience an increase in traffic of at least five percent (5%) due to the proposed project. Existing traffic counts shall not be over two (2) years old from the date of submittal of the report.
(d) Roadway characteristics, described and illustrated, as appropriate. Features to be addressed include existing rights-of-way, lane configurations, geometrics, signal timing, traffic control devices, posted speed limits, average running speeds, sight distance information, existing driveways and potential turning movement conflicts in the vicinity of the site.
(e) For projects that will be completed and occupied within one (1) year of a traffic impact statement submittal, an analysis of background traffic (i.e. the expected increase in traffic volumes related to approved projects and historic annual percentage increases).
(f) Forecasted trip generation of the proposed use for the a.m.(if applicable) peak hour, the p.m. peak hour and an average weekday. A weekend forecast may also be required for certain commercial uses. The forecasts shall be based on one (1) standard deviation above the average rate outlined in the most recent edition of Trip Generation published by the Institute of Transportation Engineers (ITE). The applicant may use other commonly-accepted sources of data or supplement the standard data with data from at least three (3) similar projects in northwest Ohio. For rezoning requests, the study should contrast the traffic impacts of typical uses permitted in the requested zoning district with uses permitted in the current zoning district. The determination of typical uses shall be made by the Planning and Zoning Administrator. Any trip reduction for pass-by trips, transit, ridesharing, other modes, internal capture rates, etc., shall be both based on the ITE. The community may accept in whole or in part the trip reduction rates used. For projects intended to be developed in phases, the trip generation by phase shall be described.
(g) Distribution of Traffic: The projected traffic generated shall be distributed (inbound v. outbound; left turn v. right turn) onto the existing street network to project turning movements at site access points and nearby intersections where required. Projected peak hour turning movement volumes shall be illustrated in the report. A description of the application of standard engineering procedures for determining the distribution should also be attached.
(h) Capacity Analysis: A before and after level of service or "capacity" analysis at the proposed access points and nearby intersections shall be completed using the procedures outlined in the most recent edition of the Highway Capacity Manual published by the Transportation Research Board.
(i) Mitigation Alternatives: The study shall outline mitigation measures and demonstrate any changes to the level of service achieved by these measures. Any alternatives or suggested phasing of improvements should be described. The mitigation measures may include items such as roadway widening, need for bypass lanes or deceleration tapers/lanes, changes to signalization, use of access management techniques or a reduction in the proposed intensity of use.
(j) Waiver of Study Contents: The study contents listed in Section 1255.07(a) through (i) may be waived or modified by the Planning Commission. Reasons for the waiver or modification shall be documented and the following factors may be considered:
(1) Roadway improvements are already scheduled which are expected to mitigate any impacts associated with the proposed project.
(2) The existing level of service is not expected to be significantly impacted by the proposed project due to specific conditions at this location.
(3) A similar traffic study was previously prepared for the site and is still considered applicable.
(Ord. 27-2006. Passed 3-7-06.)
1255.08 PERFORMANCE STANDARDS.
1255.09 PERFORMANCE REQUIREMENTS.
(a) Requirements: No land or buildings in any district shall be used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable element or condition so as to adversely affect the surrounding area or adjoining premises, provided that any use permitted by this Zoning Code may be undertaken and maintained if acceptable measures and safeguards are employed to limit dangerous and objectionable elements to acceptable limits as established by the following requirements:
(1) Fire hazards: Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate fire fighting and fire suppressing equipment and by such safety devices as are normally used in the handling of any such material. Such hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved. All activities shall comply with applicable fire prevention ordinances of the City.
(2) Radioactivity or electrical disturbances: No activity shall emit dangerous radioactivity at any point or electrical disturbances adversely affecting the operation at any point of any equipment other than that of the creator of such disturbances.
(3) Vibration: No vibration shall be permitted which is discernible without instruments on any adjoining lot or property.
(4) Smoke: Smoke shall not be emitted with a density greater than number one (#1) on the Ringelmann Chart as issued by the U. S. Bureau of Mines, except for one (1) blow-off period of ten (10) minutes duration per hour, when a density of not more than number two (#2) is permitted.
(5) Odors: No malodorous gas or matter shall be permitted which is offensive or produces a public nuisance or hazard on any adjoining lot or property.
(6) Air pollution: No pollution of air by fly-ash, dust, vapors or other substances shall be permitted which is harmful to health, animals, vegetation or other property or which can cause excessive soiling.
(7) Glare: No direct or reflected glare shall be permitted which is visible from any property outside an "I" District or from any public street, road or highway.
(8) Erosion: No erosion, by either wind or water, shall be permitted which will carry objectionable substances onto neighboring properties.
(9) Water pollution: Pollution of water shall be subject to the requirements and regulations established by the Ohio Environmental Protection Agency and/or the City.
(b) Enforcement Provisions:
(1) Statement of corrective methods: The Zoning Inspector or Board of Zoning Appeals, prior to the issuance of a Certificate of Occupancy, may require the submission of statements and plans indicating the manner in which dangerous and objectionable elements involved in processing and in equipment operations are to be eliminated or reduced to acceptable limits and tolerances.
(2) Measurement procedures: Methods and procedures for the determination of the existence of any dangerous and objectionable elements shall conform to applicable standard measurement procedures published by the American National Standards Institute, Inc., New York, New York; The Manufacturing Chemists Association, Inc., Washington, D.C.; and the United States Bureau of Mines.
(Ord. 27-2006. Passed 3-7-06.)
Perrysburg City Zoning Code
CHAPTER 1255
Community and Environmental Standards
1255.01 IMPACT ASSESSMENT.
(a) For certain land uses that are considered to have a significant potential impact on traffic, the infrastructure and demands for public services, and/or significant impacts on surrounding properties due to scale, the applicant may be required by the Planning Commission to provide an impact assessment during the initial submittal for either a rezoning or site plan approval. The cost of the impact assessment and review by the City shall be borne by the applicant.
(1) The minimum contents of this impact assessment shall include:
A. The name(s) and address(es) of person(s) or firm(s) responsible for preparation of the impact assessment and a brief statement of his, her, or their qualifications.
B. An area plan or aerial photograph illustrating the entire site and nearby properties.
C. A description of overall site conditions, including a narrative and illustration describing adjacent uses, zoning, public roadways, utilities, significant woodlands, trees over eight (8) inches caliper, soil types, one hundred (100) year floodplains, drainage ways and general topography. The area described shall be within one-quarter (1/4) mile for sites up to one hundred (100) acres and one (1) mile radius for larger sites. Aerial photographs are recommended to assist in describing the general vicinity.
D. A conceptual site plan illustrating a general layout of proposed uses upon which the preliminary impact assessment is based and any proposed phasing.
E. A description of the types of proposed uses and other man-made facilities, including any project phasing and an indication of how the proposed use or uses conform or conflict with existing and comprehensively planned development patterns. A description shall be provided of any increases in light, noise or air pollution, which could negatively impact adjacent properties, particularly increases associated with smoke or truck routing.
F. A description of any general impact expected to wildlife areas, lakes, streams, ponds and regulated wetlands. Conceptual mitigation or replacement measures under consideration shall be described. The study shall also describe general measures to control soil erosion and sedimentation during and after construction.
G. A description of the number of expected employees, visitors or residents and the anticipated impact on police and fire protection. In particular, a description of the relationship of the use to City fire stations and the need for any new facilities or equipment shall be required. Letters from the appropriate agencies should be provided.
H. A description of proposed water and sanitary sewer facilities, including any improvements or off-site extensions needed to serve the long-range development on the site and general calculations for sewage flows and water demands in comparison with sewer line capacity.
I. A description of conceptual plans to control drainage and any significant changes from existing drainage patterns.
J. Identification of methods of on and off-site disposal of solid waste. The information shall describe the type of hazardous substances expected to be used, stored or disposed of on the site, the general location within the site and the method of containment. Documentation of compliance with Federal and State requirements and a Pollution Incident Prevention Plan (PIPP) shall be submitted, as appropriate.
K. Documentation by a qualified wetland specialist shall be required wherever the City determines that there is a potential State or Federally regulated wetland which may be impacted by the proposed project.
L. A traffic impact study shall be included in the impact assessment.
(Ord. 27-2006. Passed 3-7-06.)
1255.02 TRAFFIC IMPACT STUDY.
1255.03 INTENT.
The City may require traffic studies in certain cases to identify the anticipated traffic impacts and to assist in decision-making. The intent of this Chapter is to provide specific direction for the preparation of traffic impact studies where such studies are required. The requirements of this Chapter are also intended to help the City determine the appropriateness of certain uses at proposed locations in terms of traffic impacts and the adequacy of proposed access design. Traffic impact studies may also be used by the applicant to justify additional access points.
(Ord. 27-2006. Passed 3-7-06.)
1255.04 APPLICABILITY.
A traffic impact study may be required by the Planning Commission for special approval uses, for any use which is expected to generate over one hundred (100) directional trips in any peak hour or over seven hundred fifty (750) directional trips in an average day or for projects at locations that currently experience traffic operational problems.
(Ord. 27-2006. Passed 3-7-06.)
1255.05 SUBMITTAL PROCEDURES.
The traffic impact study shall be submitted with the site plan or with other material required to be submitted.
(Ord. 27-2006. Passed 3-7-06.)
1255.06 QUALIFICATIONS OF PREPARER.
The person responsible for the preparation of the study shall have a degree or specific professional training in the preparation of traffic impact studies. The preparer shall have at least three (3) years of recent experience in the preparation of traffic impact studies, shall provide evidence of ongoing experience and familiarity with the Highway Capacity Manual and other traffic operation evaluation techniques, shall be an associate (or higher) member of one (1) or more professional transportation-related organizations and shall be either a registered professional engineer (PE) or a planner with AICP certification. Any study involving roadway or traffic signal design work shall be prepared by or under the supervision of a PE with specific training in traffic engineering.
(Ord. 27-2006. Passed 3-7-06.)
1255.07 CONTENTS.
The extent of information to be provided depends upon the expected trip generation of the proposed project. The information provided in the traffic impact study shall include:
(a) A description of the site, surroundings and study area. Illustrations and a narrative should describe the characteristics of the site and adjacent roadway system (functional classification, lanes, speed limits, etc.). This description should include surrounding land uses, expected development in the vicinity which could influence future traffic conditions, special site features and a description of any committed roadway improvements. The study should define and justify the study area selected for analysis.
(b) A description of the requested use which relates to traffic generation, such as the number and types of dwelling units, the gross and usable floor area, the number of employees and shift change factors. Intended phasing or future expansion should also be noted.
(c) A description of existing peak-hour traffic volumes (and daily volumes if applicable) at intersections and on street(s) adjacent to the site. The existing level of service analysis shall be provided for intersections in the vicinity that are expected to experience an increase in traffic of at least five percent (5%) due to the proposed project. Existing traffic counts shall not be over two (2) years old from the date of submittal of the report.
(d) Roadway characteristics, described and illustrated, as appropriate. Features to be addressed include existing rights-of-way, lane configurations, geometrics, signal timing, traffic control devices, posted speed limits, average running speeds, sight distance information, existing driveways and potential turning movement conflicts in the vicinity of the site.
(e) For projects that will be completed and occupied within one (1) year of a traffic impact statement submittal, an analysis of background traffic (i.e. the expected increase in traffic volumes related to approved projects and historic annual percentage increases).
(f) Forecasted trip generation of the proposed use for the a.m.(if applicable) peak hour, the p.m. peak hour and an average weekday. A weekend forecast may also be required for certain commercial uses. The forecasts shall be based on one (1) standard deviation above the average rate outlined in the most recent edition of Trip Generation published by the Institute of Transportation Engineers (ITE). The applicant may use other commonly-accepted sources of data or supplement the standard data with data from at least three (3) similar projects in northwest Ohio. For rezoning requests, the study should contrast the traffic impacts of typical uses permitted in the requested zoning district with uses permitted in the current zoning district. The determination of typical uses shall be made by the Planning and Zoning Administrator. Any trip reduction for pass-by trips, transit, ridesharing, other modes, internal capture rates, etc., shall be both based on the ITE. The community may accept in whole or in part the trip reduction rates used. For projects intended to be developed in phases, the trip generation by phase shall be described.
(g) Distribution of Traffic: The projected traffic generated shall be distributed (inbound v. outbound; left turn v. right turn) onto the existing street network to project turning movements at site access points and nearby intersections where required. Projected peak hour turning movement volumes shall be illustrated in the report. A description of the application of standard engineering procedures for determining the distribution should also be attached.
(h) Capacity Analysis: A before and after level of service or "capacity" analysis at the proposed access points and nearby intersections shall be completed using the procedures outlined in the most recent edition of the Highway Capacity Manual published by the Transportation Research Board.
(i) Mitigation Alternatives: The study shall outline mitigation measures and demonstrate any changes to the level of service achieved by these measures. Any alternatives or suggested phasing of improvements should be described. The mitigation measures may include items such as roadway widening, need for bypass lanes or deceleration tapers/lanes, changes to signalization, use of access management techniques or a reduction in the proposed intensity of use.
(j) Waiver of Study Contents: The study contents listed in Section 1255.07(a) through (i) may be waived or modified by the Planning Commission. Reasons for the waiver or modification shall be documented and the following factors may be considered:
(1) Roadway improvements are already scheduled which are expected to mitigate any impacts associated with the proposed project.
(2) The existing level of service is not expected to be significantly impacted by the proposed project due to specific conditions at this location.
(3) A similar traffic study was previously prepared for the site and is still considered applicable.
(Ord. 27-2006. Passed 3-7-06.)
1255.08 PERFORMANCE STANDARDS.
1255.09 PERFORMANCE REQUIREMENTS.
(a) Requirements: No land or buildings in any district shall be used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable element or condition so as to adversely affect the surrounding area or adjoining premises, provided that any use permitted by this Zoning Code may be undertaken and maintained if acceptable measures and safeguards are employed to limit dangerous and objectionable elements to acceptable limits as established by the following requirements:
(1) Fire hazards: Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate fire fighting and fire suppressing equipment and by such safety devices as are normally used in the handling of any such material. Such hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved. All activities shall comply with applicable fire prevention ordinances of the City.
(2) Radioactivity or electrical disturbances: No activity shall emit dangerous radioactivity at any point or electrical disturbances adversely affecting the operation at any point of any equipment other than that of the creator of such disturbances.
(3) Vibration: No vibration shall be permitted which is discernible without instruments on any adjoining lot or property.
(4) Smoke: Smoke shall not be emitted with a density greater than number one (#1) on the Ringelmann Chart as issued by the U. S. Bureau of Mines, except for one (1) blow-off period of ten (10) minutes duration per hour, when a density of not more than number two (#2) is permitted.
(5) Odors: No malodorous gas or matter shall be permitted which is offensive or produces a public nuisance or hazard on any adjoining lot or property.
(6) Air pollution: No pollution of air by fly-ash, dust, vapors or other substances shall be permitted which is harmful to health, animals, vegetation or other property or which can cause excessive soiling.
(7) Glare: No direct or reflected glare shall be permitted which is visible from any property outside an "I" District or from any public street, road or highway.
(8) Erosion: No erosion, by either wind or water, shall be permitted which will carry objectionable substances onto neighboring properties.
(9) Water pollution: Pollution of water shall be subject to the requirements and regulations established by the Ohio Environmental Protection Agency and/or the City.
(b) Enforcement Provisions:
(1) Statement of corrective methods: The Zoning Inspector or Board of Zoning Appeals, prior to the issuance of a Certificate of Occupancy, may require the submission of statements and plans indicating the manner in which dangerous and objectionable elements involved in processing and in equipment operations are to be eliminated or reduced to acceptable limits and tolerances.
(2) Measurement procedures: Methods and procedures for the determination of the existence of any dangerous and objectionable elements shall conform to applicable standard measurement procedures published by the American National Standards Institute, Inc., New York, New York; The Manufacturing Chemists Association, Inc., Washington, D.C.; and the United States Bureau of Mines.