MINIMUM REQUIRED IMPROVEMENTS

This Ordinance shall be known and may be cited as the Subdivision Ordinance of the Village of West Jefferson, Ohio, and the same is hereby enacted to read as follows.

(Ord. 22-089. Passed 12-5-22.)

(a)

Jurisdiction. The rules and regulations governing plats and subdivisions of land contained herein shall apply within the corporate limits of the Village of West Jefferson.

(b)

Definitions. Certain words and phrases as used or found in this Ordinance are defined for the purpose of this Ordinance, as hereafter set forth in this chapter.

(1)

BLOCK. A piece or parcel of land entirely surrounded by public highways, streets, streams, railroad right-of-way, or parks, etc. or a combination thereof.

(2)

DIRECTOR OF PUBLIC SERVICE. Position, created by the Charter, over the Department of Public Service and supervises issuance of Building and Zoning permits, and other assigned duties.

(3)

BUILDING SET-BACK LINE. A line established in the Zoning Ordinance, generally parallel to a street delineating the minimum allowable distance between the street right-of-way and the front of a structure.

(4)

CLERK. Clerk of the Village Council of the Village of West Jefferson.

(5)

COMMISSION. Planning and Zoning Commission of the Village of West Jefferson.

(6)

COUNCIL. Council of the Village of West Jefferson.

(7)

EASEMENT. A grant by the property owner, or owners, of the use of a strip of land for a specific purpose or purposes.

(8)

ENGINEER. The Engineer of the Village of West Jefferson.

(9)

FINAL PLAT. The drawing of all or a portion of a subdivision which is submitted to the Village Planning and Zoning Commission for action in accordance with Chapter 1179.

(10)

IMPROVEMENTS. Any addition to the natural state of land which increases its value or utility, including buildings, street pavements, with or without curb and gutter, sidewalks, crosswalks, water mains, sanitary sewers, storm sewers, street trees, street lighting, public utilities, and other appropriate items.

(11)

LOT. A portion of a subdivision or other parcel of land intended as a unit for transfer of ownership or for building development, together with the required open spaces and having frontage on a public street.

(12)

OTHER PERTINENT TERMS. As defined in the Zoning Ordinance of the Village of West Jefferson.

(13)

PARK AND PLAYGROUND PLAN. The plan of parks, playgrounds or other open public grounds adopted by the Planning and Zoning Commission.

(14)

PLAT. Means a map of a tract or parcel of land made by a licensed land surveyor.

(15)

PRELIMINARY PLAT. The drawing indicating the proposed layout of a subdivision which is submitted to the Planning and Zoning Commission in accordance with Chapter 1173.

(16)

RIGHT-OF-WAY. The strip of land lying between property lines of a street; also a parkway, alley or easement dedicated or otherwise acquired for use by the public.

(17)

ROADWAY. The portion of a street available for vehicular traffic.

(18)

SIDEWALK. A paved area intended principally for use of pedestrians.

(19)

STREET. For the purpose of this Ordinance, any avenue, boulevard, road, lane, parkway, alley, or other way for vehicular and/or pedestrian traffic shown upon a plat duly approved, filed and recorded in the office of the County Recorder, shall be known as a street. It includes the land between the street boundary lines, whether improved or unimproved. Streets shall be classified as follows:

A.

FREEWAY. A divided multi-lane highway for through traffic with all cross roads separated in grade and with full control of access.

B.

PRIMARY STREET. A street which carries vehicular traffic of a state or federal highway route.

C.

SECONDARY STREET. A street which is expected to carry large amounts of vehicular traffic usually not of origin or destination primarily in the properties abutting such street. A street intended to serve and to provide access to neighborhoods or sub-neighborhoods.

D.

CUL-DE-SAC. A minor street having only one end open for motor traffic, the other end being permanently terminated by vehicular turnaround.

E.

SERVICE ROAD. A street parallel with a limited access highway to afford abutting property owners access to such highway, but only at specific points.

(20)

STREET LINE. The boundary line (sometimes referred to as the property line) between a lot and the area dedicated or otherwise acquired for street purposes.

(21)

STREET PLAN. The official plan of major streets adopted by the Planning and Zoning Commission.

(22)

SUBDIVISION.

A.

The division of any parcel of land shown as a unit or as contiguous units on the last preceding tax roll, into two or more parcels, sites, or lots, any one of which is less than five acres for the purpose, whether immediate or future, of transfer of ownership, provided, however, that the division or partition of land into parcels of more than five acres not involving any new streets or easements of access, and the sale or exchange of parcels between adjoining lot owners, where such sale or exchange does not create additional building sites and where the lots resulting are not reduced below minimum sizes required by law, shall be exempted; or

B.

The improvement of one or more parcels of land for residential, commercial or industrial structures or groups of structures involving the division or allocation of land for the opening, widening or extension of any street or streets; except private streets serving industrial structures; the division or allocation of land as open spaces for common use by owners, occupants or leaseholders or as easements for the extension and maintenance of public sewer, water, storm drainage or other public facilities.

(23)

WALKWAY. A dedicated public right-of-way limited to pedestrian traffic.

(24)

ZONING. Regulations and limitations, by districts, of the height, bulk and location, including percentage of lot occupancy, building setback lines, and area and dimensions of yards, courts and other open spaces, and the uses of buildings and other structures and of the premises in such districts.

(Ord. 22-089. Passed 12-5-22.)

Whenever the strict enforcement of this Ordinance would entail unusual, real and substantial difficulties or hardships, the Planning and Zoning Commission and Council may vary or modify the terms in such a way that the subdivider is allowed to plan and develop his property, record a plat of same and make necessary improvements without unjust difficulties and hardships, if at the same time the public interests of the Municipality are fully protected and the general intent and purposes of the regulations preserved.

(Ord. 22-089. Passed 12-5-22.)

The Council may, after public hearing, amend, supplement or change these regulations. Notice shall be given of the time and place of such public hearing by publication in at least one newspaper of general circulation in the local area, thirty (30) days prior to holding of said hearing. The amendment or amendments shall be on file in the office of the Clerk of Council for public examination during said thirty (30) days.

(Ord. 22-089. Passed 12-5-22.)

Before preparing and submitting a preliminary plat to the Planning and Zoning Commission, the subdivider or his engineer shall consult with the Commission while the plat is in sketch form, to ascertain the location of proposed highways, primary or secondary streets, parkways, parks, playgrounds, school sites and other planned developments and to acquaint himself or herself with the Commission's requirements. Where a large-scale project is contemplated, the subdivider shall also submit a master plan for the entire project area, even though the land to be platted immediately represents only a portion of the total area.

(Ord. 22-089. Passed 12-5-22.)

The subdivider shall prepare a preliminary plat of the proposed subdivision which shall conform with the requirements set forth in this Ordinance and shall file with the Clerk an application in writing for approval of said plat accompanied by at least four black line or blue line prints and one reproducible tracing on cloth or mylar type material, accurately drawn to a scale of 100 feet to the inch or large scale on sheets 24 x 36 inches in size. Filing shall be made at least fifteen working days prior to the meeting with the Commission at which the plat is first considered. Within five working days after the filing, the Clerk shall place one copy of the preliminary plat in a permanent file and distribute the remaining copies to the Planning and Zoning Commission Chairman, the Director of Public Service, the Village Engineer for approval and other appropriate agencies for review and comment. The fore mentioned will tabulate and verify the availability of water, sanitary sewer capacity and storm sewer capacity for the subdivision area being developed. They will also be responsible for calculation of other utilities, including water, sanitary sewers, storm sewers and determine the benefit charges for each lot and parcel.

(Ord. 22-089. Passed 12-5-22.)

(a)

Definition. "Minor Subdivision" means any subdivision involving no more than five lots after the original tract has been completely subdivided, all of the lots of which front on an existing Village street and in which there is no new street or right-of-way required or proposed, and that the lots resulting are not reduced below minimum lot sizes for the Zoning District in which they are located.

(b)

Minor subdivision plats may be approved for recording by the Zoning Inspector without referral to the Planning and Zoning Commission or Village Council provided that all appropriate information to meet the requirements of this Ordinance is met and the plat has received a favorable review by the Madison County Engineer, if required, and by the Village Engineer. Where there are any unusual conditions associated with a proposed subdivision, the plat shall be forwarded to the Planning and Zoning Commission for review and approval.

(c)

Minor subdivision requests presented to the Zoning Inspector shall include the appropriate information to meet the requirements of Section 1173.07 of the Subdivision Regulations, and other information as requested by the Zoning Inspector at a Pre-application Conference.

(d)

Any plats approved by the Zoning Inspector under this section shall be reported to the Planning and Zoning Commission at its next regularly scheduled meeting.

(e)

Any person aggrieved by a decision of the Zoning Inspector shall have the right to appeal said decision to the Planning and Zoning Commission within ten (10) days of the decision.

(Ord. 22-089. Passed 12-5-22.)

No person, firm or corporation, proposing to make or having made a subdivision within the jurisdiction of these regulations shall enter into any contract for the sale of, or shall offer to sell any subdivision part thereof, or shall proceed with any construction work on such proposed subdivision, including grading, until he or it has obtained from the Commission, the approval of the preliminary plat of the proposed subdivision.

(Ord. 22-089. Passed 12-5-22.)

In order to protect the health, safety and general welfare of the people, the Commission will reject any proposed subdivision located in an area subject to periodic flooding. Whenever a subdivision is proposed to be located in an area having poor drainage or other adverse physical characteristics, the Commission may approve the plat, provided the subdivider legally binds himself to making such improvements as, in the judgement of the Engineer, will render the subdivision safe and acceptable for the intended use. In this case the subdivider shall post a surety performance bond sufficient to cover the cost of such improvements as estimated by the officials having jurisdiction.

(Ord. 22-089. Passed 12-5-22.)

SEE CURRENT FEE SCHEDULE AT DIRECTOR OF PUBLIC SERVICE DESK.

Upon filing a preliminary plat for a subdivision, the subdivider shall pay the proper fees to the Village. Said fee to be applicable as the land subdivision permit fee required by the provisions of this Ordinance and the Fee Schedule ordinance. Said amount shall not be returned to the subdivider upon failure to meet the requirements of this Ordinance or failure to submit a final plat in proper form. Said fee shall be used for the purpose of providing funds for administrative costs incidental to processing of the plat by the Council, Commission and their officers or employees.

The subdivider shall pay such additional costs necessary to provide for plat or plan review, including, but not limited to, engineering, planning and architectural costs and expenses.

(Ord. 22-089. Passed 12-5-22.)

The contents of the preliminary plat are as follows:

(a)

The general location of the subdivision.

(b)

The name under which the proposed subdivision is to be recorded and the names and addresses of the subdivider, the owners, and of the registered engineer or registered surveyor, platting the tract. The proposed name of the subdivision shall not duplicate the name of any other subdivision already in use in Madison County.

(c)

The location of present property, section and Congressional Township Lines, U.S. Survey and lines of incorporated areas, streets, buildings, watercourses, sinkholes, tree masses and other similar existing features within the area to be subdivided and on property immediately adjacent thereto.

(d)

The names and boundaries of all adjoining subdivisions and the names of the record owners of adjoining parcels of unsubdivided land.

(e)

The zoning district or districts that affect the property to be subdivided.

(f)

North point, scale, date, and acreage.

(g)

Existing contours with intervals of five (5) feet where the slope is greater than 10 percent and not more than one (1) foot where the slope is less than 10 percent. Elevations shall be based upon sea level datum. The location of bench marks and their elevation, and all other monuments shall also be shown.

(h)

The proposed location, name and dimensions of streets, alleys lots, building lines and easements and the approximate area of lots in square feet.

(i)

The location and size of existing and proposed sanitary and storm sewers, water mains, culverts, street lights and other utilities and underground structures and other public improvements within the tract or immediately adjacent thereto.

(j)

Parcels of land intended to be dedicated to or temporarily reserved for public use, or reserved by deed covenant shall be clearly indicated and the conditions proposed for such covenants and for the dedications shall be shown on or attached to the preliminary plat.

(k)

The location and results of tests made to ascertain subsurface soil conditions shall be shown if required by the Commission. The location and results of soil percolation tests shall be indicated if individual sewage disposal systems are proposed.

(l)

When lots are located on a curve or when side lot lines are at angles other than ninety (90) degrees, the width of the lot at the building line shall be shown.

(Ord. 22-089. Passed 12-5-22.)

(a)

Relation to Adjoining Street System. The subdivider may be required to continue certain adjoining streets through the area being subdivided when necessary to provide for local vehicular movement or to enable adjoining property to be properly subdivided.

(b)

Street Widths.

(1)

The width of streets shall conform to the width designated on the street plan as adopted by the Village of West Jefferson and any subsequent amendments thereto.

(2)

Streets shall have the following minimum right-of-way widths.

NOTE: (See Section 1177.01(a) and (b).)

* Footnote: Village Engineers will set the specifications for Industrial streets according to projected requirements but in no case shall they be less than the minimums.

(3)

Whenever any subdivision or resubdivision provides lots in the interior of existing blocks, such lots shall front upon and have proper access to, a permanently dedicated street or place which connects with one of the streets bounding the block. All dead-end streets or places shall have adequate provision for turning of vehicles in the interior portions of the block. Such turning area shall be a circular drive having an overall diameter of not less than 100 feet to the street lines.

(4)

Whenever there exists a dedicated or platted portion of a street adjacent to the tract to be subdivided, the remaining portion of the street shall be platted or dedicated to provide a minimum right-of-way of fifty (50) feet for single family developments, or sixty (60) feet for two-family dwelling developments.

(c)

Blocks and Lots.

(1)

No block shall be longer than twelve hundred (1,200) feet between street lines.

(2)

Where blocks are over seven hundred fifty (750) feet in length, the Commission may require a crosswalk near the center of the block. The right-of-way for any such walks shall not be less than ten (10) feet in width and such walk shall be improved with at least a four (4) foot wide walk. All sidewalks shall have Handicap ramps at all intersections and crosswalks.

(3)

All side line of lots shall be at right angles to straight street lines, or radial to curved street lines, unless a variation to this rule will give a better lot plan.

(4)

Corner lots shall have extra width to permit the maintenance of building set-back lines on both front and side streets, as required by the Zoning Ordinance.

(5)

The minimum area and width of all lots shall conform to the area regulation of the zoning district in which the lot is located.

(d)

Easements. Easements of not less than seven and one-half (7.5) feet in width shall be provided on each side of all rear lot lines and side lines where necessary for wires, conduits, storm and sanitary sewer, gas, water and drainage ditches. Easements of greater width may be required along lines or across lots where necessary for the extension of main sewers and similar utilities.

(e)

Street Names. Streets that are obviously in alignment with others already existing and named shall bear the names of the existing streets. Street names shall not be duplicated within the County.

(Ord. 22-089. Passed 12-5-22.)

The preliminary plat shall be deemed submitted to the Planning and Zoning Commission within fifteen (15) working days following the filing of said plat with the Clerk of Council as provided under Section 9.04, Village Charter, "Any matter so referred to the Planning and Zoning Commission shall be considered and acted upon by it within ninety (90) days from the date of referral, unless a longer time be authorized by Council."

"If the Planning and Zoning Commission shall fail to act within the ninety (90) days, the applicant seeking action on the matter referred to the Planning and Zoning Commission may request the Council to act thereon without actions from the Planning and Zoning Commission. If the Planning and Zoning Commission fails to act in the time allotted by Council, Council may act as if it had received recommendation of approval in such matters."

The approval of the preliminary plat does not constitute an acceptance of the subdivision, but merely authorizes the developer to proceed with work on the final plat. One copy of the approved preliminary plat, signed by the Director of Public Service, Chairman of the Planning and Zoning Commission, Mayor and Village Engineer, shall be retained in the office of the Clerk of Council. One signed copy shall be given to the subdivider.

Receipt of such signed copy is authorization for the subdivider to proceed with the preparation of detailed plans and specifications for the minimum improvements required in this Ordinance, and with the preparation of the final plat. Prior to the construction of any improvements required or to the submission of any bond, the subdivider shall furnish the Council all plans, information and data necessary for said improvements. These plans shall be examined by the Council and will be approved if in accordance with the requirements of this Ordinance. Following this approval, construction can be started or the amount of the bond determined as provided.

(Ord. 22-089. Passed 12-5-22.)

If the Planning and Zoning Commission disapproves such plan, it shall enter in its minutes the reason for such disapproval, including citation of or reference to the rule or regulation violated by such plat. The subdivider may thereafter make changes as he deems necessary to conform the plat to the rules and regulations and resubmit the same as revised to the Planning and Zoning Commission for approval or disapproval, which revised plat shall be processed within the times and in the manner provided in this section.

Within ninety (90) days after the disapproval of a plat by the Planning and Zoning Commission, or within ninety (90) days after its disapproval of a revised plat, if a revised plat shall have been submitted, the person submitting such plat may file a petition in the Court of Common Pleas of Ohio, as provided in Ohio R.C. 711.09.

(Ord. 22-089. Passed 12-5-22.)

Upon approval of the preliminary plat, the Planning and Zoning Commission shall certify one copy thereof to the Council for approval or disapproval. Failure of Council to approve or disapprove the preliminary plat at a regular meeting occurring within thirty (30) days following certification of said plat to Council, shall be deemed to constitute approval of the preliminary plat by Council, unless a further delay is agreed to by the subdivider.

Approval by Council of the preliminary plat shall constitute approval of the layout of the streets and public grounds shown thereon, and shall evidence Council's intention to accept the dedication of the same upon approval by the Planning and Zoning Commission of the final plat.

Council's approval shall confer upon the subdivider the right for a one year period from the date of approval that the general terms and conditions under which the preliminary approval was granted will not be affected by any changes and/or amendments to these regulations.

(Ord. 22-089. Passed 12-5-22.)

(a)

The design of all improvements, including grades of streets, type of pavement drainage, sidewalks, sanitary sewers, storm sewers, water distribution facilities and street lighting facilities shall conform to the requirements of the Village Engineer, the Design and Review Board and the Director of Public Service.

(b)

The preliminary plat should set forth the character and general details of the developments and shall be accompanied by plans and statements regarding details of improvements such as grading, draining, paving, sidewalks, street lights, storm and sanitary sewers and water mains. The subdivider shall be required to extend improvements to boundaries of the proposed subdivision to serve adjoining land.

(Ord. 22-089. Passed 12-5-22.)

(a)

Before the Council will officially accept any street improvements, water distribution facilities, sidewalks, street lighting facilities or storm and sanitary sewer facilities in a subdivision and become responsible for their maintenance, supervision and repair, such improvements shall be constructed in accordance with the "Construction and Material Specifications" of the City of Columbus, Ohio, in effect at the time the improvements are made and the Council shall have received a certificate of conformance from the Village Engineer.

(b)

Monuments shall be placed at angle points, points of curves in streets, and at such other points as required by the Village Engineer. Monuments shall be of such material, size and length as may be approved by the Village Engineer.

(Ord. 22-089. Passed 12-5-22.)

(a)

At least four copies of detailed plans and specifications for all improvements shall be submitted to the Village Engineer and meet his approval before any construction shall proceed. Such plans shall be prepared by an Engineer, licensed in the State of Ohio.

(b)

The Village shall maintain a competent inspector on the job when improvements are being constructed. The cost of the services of the Engineer in review and approval of detailed plans and specifications, the cost of the inspection and supervision of construction shall be reimbursed to the Village by the developer.

(Ord. 22-089. Passed 12-5-22.)

Upon preliminary approval by Council, the subdivider may secure from appropriate authorities the necessary permits to proceed with the required street, sanitary, water and drainage improvements.

(Ord. 22-089. Passed 12-5-22.)

In lieu of constructing improvements, the subdivider may apply for final plat approval by insuring completion of the required improvements by one of the following methods:

(a)

A surety performance bond may be posted with the Village, sufficient to cover the full cost of said improvements as estimated by the Engineer to assure the satisfactory installation of said improvements.

(b)

The subdivider may deposit in a bank or savings and loan association in Madison County, Ohio, the sum of not less than the total estimated improvement cost, to be held in escrow to guarantee the satisfactory completion of said improvements within the required time, the form of said escrow to be subject to the approval of the Solicitor and which agreement may provide for the making of payments from such funds from time to time upon certificates of the Engineer that the balance remaining after such payments will, in his opinion, be adequate to pay the remaining costs of said improvements.

(c)

The subdivider may deposit with the Village a certified check in the amount of the total estimated improvement cost, to be held in escrow until the satisfactory completion of construction, unless there be a default in the completion of said improvements, in which event the check may be cashed by the proper official and the proceeds thereof used to complete the improvements, to pay claims connected therewith for which the subdivider may be liable, or to cure any other default of the subdivider connected with the making of said improvements.

(Ord. 22-089. Passed 12-5-22.)

(a)

The subdivider shall pay the cost to the Village for the approval of the plans and specifications, inspection and engineering supervision of construction by the Engineer and the cost of the legal services and administrative expense incident to such improvements. If required by the Village, the subdivider shall deposit such sums of money as are estimated to be necessary for the foregoing purposes, and in the event that such estimated amounts are found to be insufficient, shall deposit such additional sum as may be necessary, all unexpended monies so deposited to be refunded.

(b)

The charge to be collected for legal service and administrative expense shall be two percent (2%) of the field cost of such improvements, as estimated by the Engineer; provided, however, that the Village may determine upon a different charge, where, in his opinion, such percentum charge is not fair to both parties.

(c)

The charge to be collected for inspection of said construction shall be the actual expense incurred on an hourly basis for the Engineer, or other competent inspector.

(Ord. 22-089. Passed 12-5-22.)

Construction of buildings shall not be permitted until all improvements are completed and accepted by the Village.

(Ord. 22-089. Passed 12-5-22.)

All required improvements shall be constructed within two years of the acceptance of the final plat by the Council.

(Ord. 22-089. Passed 12-5-22.)

Streets shall be graded to full width of the right-of-way and fully constructed in accordance with the "Construction and Material Specifications" of the City of Columbus, Ohio, in effect at the time the improvements are made.

(Ord. 22-089. Passed 12-5-22.)

Where a public water supply main is reasonably accessible, in the judgment of the Planning and Zoning Commission, the subdivision shall be provided with a complete loop type water distribution system adequate to serve the area being platted, including a connection for each lot and fire hydrants spaced in accordance with the requirements of the "National Board of Fire Underwriters." The entire water system shall be designed to meet the approval of the Village Engineer.

(Ord. 22-089. Passed 12-5-22.)

Every subdivision shall be provided with a storm water sewer or drainage system adequate to serve the area being platted and otherwise meeting the approval of the Village Engineer.

(Ord. 22-089. Passed 12-5-22.)

The subdivision shall be provided with a complete sanitary sewer system, connected to the sewer main, including a lateral connection for each lot, meeting the approval of the Village Engineer.

(Ord. 22-089. Passed 12-5-22.)

The subdivider shall reimburse the Municipality for the cost of street signs.

(Ord. 22-089. Passed 12-5-22.)

Construction plans for the following improvements shall be furnished in accordance with the Construction and Material Specifications of the City of Columbus, Ohio, in effect at the time the improvements are made and shall receive approval of the Engineer before improvements are installed, and before approval of the final plat:

(a)

Centerline profile of each proposed street showing tentative grades.

(b)

Cross-section of each proposed street, showing the width of pavement, location and width of sidewalks, location and size of utility mains and type of pavement.

(c)

Plans and profiles of proposed sanitary sewers and storm water sewers showing grades and sizes, or method of sewage or storm water disposal in lieu of sewers.

(d)

A plan of the proposed water distribution system, showing pipe sizes and the location of valves and fire hydrants.

(e)

A drainage plan showing all existing and proposed storm sewers, manholes, catch basins, watercourses, culverts and other underground structures within the tract and immediately adjacent thereto, with pipe sizes and grades, and waterway openings indicated thereon. The grading plan shall show the method to be used for adequate disposal of all storm water, including drainage outlets, and such other data as may be required by the Engineer.

(Ord. 22-089. Passed 12-5-22.)

Prior to starting any of the work covered by the above plans, after approval thereof, arrangements shall have been made to provide for inspection of the work sufficient, in the opinion of the Engineer, to ensure compliance with the plans and specifications as approved.

(Ord. 22-089. Passed 12-5-22.)

For a period of one year from the date the constructed improvements were accepted by Council, the subdivider shall make such repairs or replacements as may be required by reason of defective workmanship or material.

(Ord. 22-089. Passed 12-5-22.)

(See Section 1173.08(b)(2).) Minimum pavement widths, back to back of curb, installed at subdivider expense shall conform to specifications listed under Section 1173.08(b)(2) of this Ordinance.

(a)

Generally.

(b)

Minor Streets. Minor streets, including cul-de-sacs, shall not be over six hundred feet long. The pavement of a turning circle at the end of a dead-end street shall have a minimum outside diameter of eighty (80) feet. A "T" or "Y" shaped paved space, when approved by the Planning and Zoning Commission in place of a turning circle, shall extend entirely across the width of the street right-of-way, except for sidewalk space, and shall be at least ten feet wide with the flared portion rounded by minimum radii of twenty (20) feet.

(c)

Owners, developers and contractors on subdivisions that have dedicated streets that do not intersect with another street shall provide a turnaround as approved by the Village Engineers, Planning and Zoning Commission, Director of Public Service and Council until such time as the street is extended or completed.

(Ord. 22-089. Passed 12-5-22.)

The grades of streets shall not exceed the following, except that where unusual or exceptional conditions exist, the Village Engineer may modify these regulations:

(a)

Primary streets: four percent (4%).

(b)

Secondary streets and collector street: seven percent (7%).

(c)

Minor streets and service drives: ten percent (10%).

(d)

Pedestrian ways or crosswalks: twelve percent (12%) unless steps of an acceptable design are constructed and provisions made to meet current handicap requirements.

(e)

In no event shall the minimum grade be less than four-tenths (0.4%) of one percent.

(Ord. 22-089. Passed 12-5-22.)

All changes in street grades in excess of one percent shall be connected by vertical curves of a minimum length equal to fifteen (15) times the algebraic difference in the rate of grade, but not less than fifty (50) feet.

(Ord. 22-089. Passed 12-5-22.)

The radii of curvature on the centerline shall not be less than the following:

(a)

Primary and secondary streets: four hundred (400) feet.

(b)

Minor streets and services drives: two hundred (200) feet.

(Ord. 22-089. Passed 12-5-22.)

(a)

At street intersections, property line corners shall be rounded by an arc, the minimum radius of which shall be twenty-five (25) feet. ("Street intersection" is defined as where two or more streets intersect.)

(b)

Street curb intersections shall be rounded by radii of at least twenty (20) feet. ("Street curb intersections" shall be defined as in intersection between any dedicated street and a private street, between any dedicated street and a private street other than an individual's private drive.)

(Ord. 22-089. Passed 12-5-22.)

Entrance gates, posts, columns, walls, fences or similar structures designed to indicate entrances to subdivisions or parts thereof, and signs designating subdivisions or developments, will be permissible either on public or private property, provided both the Planning and Zoning Commission and the Council determine the structures to be desirable. In no case will such approval be given unless provision is made, satisfactory to the Council, for proper location and maintenance of such structures.

(Ord. 22-089. Passed 12-5-22.)

Any parcel of land, whether a lot of record, or part of a subdivision, when improved with a building or buildings, shall also be improved by the construction of sidewalks as required by the Engineer or Council, unless otherwise specified by the Engineer or Council.

(a)

Excavation shall be made to required depth and to width, that will permit the installation and bracing of forms. The forms shall be of wood or steel, set in a true line and staked to avoid bulging. The subgrade shall be shaped and compacted to a firm surface. The surface of walks shall be divided into equal spaced blocks at approximately 5 foot intervals.

(b)

Expansion joints 1/2 inch thick shall be installed at least every 25 feet. The surface shall have a transverse slope of 1/4 inch per foot. Dimension shall be 48 inches wide and a depth of 4 inches—unless otherwise specified by inspector. Areas of sidewalk, which will carry vehicle traffic such as driveway or lot entrance shall be at least 8 feet in length for single drive, and 16 feet for double drive, and a depth of 6 inches.

(c)

Capping of old sidewalks will be permitted—with the permission of inspector in charge.

(d)

Concrete shall be class (c) 6-1/2 bags or 611 lbs. per cubic yard. All outside edges and joints shall be edged.

(e)

Forms may be removed when concrete is set enough to avoid crumbling of edges. In case of freezing weather—concrete shall be protected with straw or any suitable covering.

(f)

Owner or contractor shall notify inspector at least 48 hours (2 working days) before concrete is placed in forms.

(g)

Where the construction is being performed, the owner or contractor shall provide and erect barricades, warning signs and maintain lights, that may be needed for the protection of pedestrian traffic during the construction of said work.

(h)

Handicap Ramps. All new and replacement sidewalks shall have handicap ramps at all street intersections and designated crosswalks.

(Ord. 22-089. Passed 12-5-22.)

Upon completion of all improvements or posting of appropriate bonds as required by these regulations, the subdivider shall file the final plat with the Council at least fifteen working days before the Planning and Zoning Commission meeting. The final plat of any portion of a larger subdivision of which has been approved by the Planning and Zoning Commission, may be submitted for approval. Completion of improvements, or the giving of security therefor, need only cover that portion of the plat for which final approval is requested. Within five working days after filing, the Clerk of Council shall place one copy of the final plat in a permanent file and distribute the remaining copies to the Village Engineer for approval, the Chairman of the Planning and Zoning Commission, the Director of Public Service, the Chairman of the Design and Review Board for approval and other appropriate agencies for review and comment.

(Ord. 22-089. Passed 12-5-22.)

The owner of each new subdivision as a prerequisite to the approval of the final plat thereof, shall pay a park and playground fee into the Park and Playground Fund. Said fee to comply with the current ordinance established fee schedule.

(a)

The Park and Playground Fund shall be used for the acquisition or improvement of municipal parks and playgrounds exclusively, and for no other purpose.

(b)

In lieu of payment of the park and playground fee, the Council on recommendation of the Planning and Zoning Commission may accept the dedication for public work and playground use, open spaces constituting not less than fifteen percent (15%) of the gross acreage of the subdivision, suitably located and of adequate size.

(Ord. 22-089. Passed 12-5-22.)

Within five days after the final plat has been filed, a copy thereof shall be transmitted to the Village Engineer, who will check said plat to determine if the final plat conforms to the preliminary plat as approved. If said final plat does so conform, the Village Engineer shall forward said plat to the Madison County Subdivision Review Board. The Board shall review the final plat plans, and forward them and the prescribed certificate from the Village Engineer which accompanied the plan, to the Village of West Jefferson, Director of Public Service, along with their advice and opinions concerning the said plans. The Village Engineer shall send with the final plat plan a certificate showing:

(a)

That the technical details of the plat have been checked and that said final plat conforms in all essential respects to the preliminary plat, and

(b)

That all required improvements have been satisfactorily completed, or that security has been given for the making of such improvements as provided by these regulations.

Following their approval and designation of such by signature of the Director of Public Service, the Director of Pubic Service shall forward the final plat to the Planning and Zoning Commission.

(Ord. 22-089. Passed 12-5-22.)

At the first meeting of the Planning and Zoning Commission after a copy of the final plat, together with the Village Engineer's certificate and the approval of the Director of Public Service, has been received by the Planning and Zoning Commission, the Planning and Zoning Commission shall endorse the approval of the plat. Failure of the Planning and Zoning Commission to approve or disapprove the plat within the time fixed or such further time as the applying party may agree to, shall constitute approval of the plat, and the certificate of the secretary of the Planning and Zoning Commission as to the date of submission of the plat for approval and the failure to take action thereon shall be issued on demand and shall be sufficient in lieu of written endorsement of approval. If the Planning and Zoning Commission disapproves the final plat, it shall enter in its minutes the reason for such disapproval.

(Ord. 22-089. Passed 12-5-22.)

Within five days after the Planning and Zoning Commission has approved the final plat, the plat shall be transmitted to the Council, together with all certificates and endorsements herein required. The Council shall approve the plat within ninety (90) days following the transmission of the plat to it. Approval of the plat by Council shall be deemed to constitute acceptance of the public way or space shown on said plat. Failure of Council to act within the prescribed time, unless an extension of time is agreed to by the subdivider shall constitute approval of the plat.

(Ord. 22-089. Passed 12-5-22.)

The final plat in ink on tracing cloth or mylar material and five black line or blue line prints thereof, together with copies of deed restrictions and two copies of certified plans showing the improvements that are to be constructed within the subdivision, and bond assuring construction of said improvements in accordance with plans previously approved, shall be submitted to the Planning and Zoning Commission.

(Ord. 22-089. Passed 12-5-22.)

The final plat shall show the following:

(a)

The general location of the subdivision.

(b)

The name under which the proposed subdivision is to be recorded and the names and addresses of the subdivider, the owners, and of the registered engineer or registered surveyor, platting the tract. The proposed name of the subdivision shall not duplicate the name of any other subdivision already in use in Madison County.

(c)

The location of present property, section and Congressional Township Lines, U.S. Survey and lines of incorporated areas, streets, buildings, watercourses, sinkholes, tree masses and other similar existing features within the area to be subdivided and on property immediately adjacent thereto.

(d)

The boundaries of the property with accurate distances and bearings and the lines and extent of all proposed streets with their width and names and any other areas intended to be dedicated to public use.

(e)

The lines of adjoining streets and alleys, with their width and names.

(f)

All lot lines and easements with their dimensions.

(g)

All dimensions, both linear and angular, necessary for locating boundaries of the subdivided area, including lots, streets, alleys, easements and building line setbacks, and any other similar public or private areas. The linear dimensions shall be expressed in feet and decimals of a foot.

(h)

Radii, arcs, points of tangency, central angles for all curvilinear streets, and radii for all rounded corners.

(i)

All lot lines and an identification system for all lots and blocks.

(j)

The accurate outline of any property which is offered for dedication for public use.

(k)

All survey monuments and bench marks together with their descriptions.

(l)

Title and description of property subdivided, showing its location and extent, point of compass, scale of plan, and name of subdivider and certificate of registered land surveyor that the plan represents a survey made by him and that the results of said survey are correctly shown thereon.

(m)

Any private restrictions shall be shown on the plat or reference made to them thereon, and plats shall contain proper acknowledgment of owners and holders of mortgages accepting said platting and restrictions.

(n)

A certificate shall accompany the final plat showing that all taxes due shall have been previously paid and a certificate of title or photo copy thereof shall be submitted for inspection.

(o)

A certificate by the owner of the land to the effect that he has caused said land to be platted and that he dedicates to public use the streets, parks and other land indicated on the plat as intended for public use.

(p)

There shall be submitted with each plat, a tabulation showing the exact area of each lot, reserve or other parcel on said plat (other than streets and alleys), such area to be computed inclusive of and after the extensions of lot or parcel lines to the centerline of contiguous public ways, such as streets or alleys. The purpose of this requirement is to facilitate calculation of the water, storm water, and trunk sanitary sewer benefit charges for each lot and parcel.

(q)

The final plat is to be drawn at a scale of 100 feet or less to the inch from an accurate survey and on one or more sheets whose dimensions are 24 inches by 36 inches. In certain unusual instances, where the subdivided area is of unusual size or shape, the Planning and Zoning Commission may permit a variation in the scale or size of the final plat.

(Ord. 22-089. Passed 12-5-22.)

If the Planning and Zoning Commission disapproves the plat, it shall transmit its reasons therefor to the Council who may then approve the plat only by an affirmative vote of six (6) of its membership. In the event one or more members are absent, the affirmative vote of five (5) of its members is required for approval.

(Ord. 22-089. Passed 12-5-22.)

No plat of any subdivision shall be entitled to be recorded in the County Recorder's Office or have any validity until it shall have been approved in the manner prescribed herein by ordinance of Council.

(Ord. 22-089. Passed 12-5-22.)

No building or repair permits shall be issued for any structure located on a lot in any subdivision plat which has been prepared after the date of the adoption of this Ordinance which has not been approved in accordance with the provisions contained herein.

(Ord. 22-089. Passed 12-5-22.)

Council shall not permit any public improvements over which it has any control to be made or any money expended for improvement in any area that has been subdivided or upon any street that has been platted after the date of the adoption of this Ordinance, unless such subdivision or street has been approved in accordance with the provisions contained herein.

(Ord. 22-089. Passed 12-5-22.)

Any person, firm or corporation who violates or fails to comply with, or who permits or causes any person in their employ to violate or fail to comply with any provision of this Ordinance shall upon conviction thereof be subject to the maximum fine allowed by law for each and every offense. Each and every day shall constitute a separate violation.

(Ord. 22-089. Passed 12-5-22.)