Whitehall City Zoning Code
TITLE EIGHT
Subdivision Regulations
1129.01 DEFINITIONS GENERALLY.
For the purpose of these Subdivision Regulations certain terms are defined as follows.
(Ord. 081-2023. Passed 10-3-23.)
1129.02 CITY.
"City" means the City of Whitehall, Ohio.
(Ord. 081-2023. Passed 10-3-23.)
1129.03 COMMISSION.
"Commission" means the Planning Commission of the City of Whitehall, Ohio.
(Ord. 081-2023. Passed 10-3-23.)
1129.04 COUNCIL.
"Council" means the Council of the City of Whitehall, Ohio.
(Ord. 081-2023. Passed 10-3-23.)
1129.05 EASEMENT.
"Easement" means a grant of the property owner of the use of a strip of land by the public or by a private or public utility for access in construction maintaining utility services.
(Ord. 081-2023. Passed 10-3-23.)
1129.06 IMPROVEMENT.
"Improvement" means street pavement, with curb and gutter, sidewalk, water main, sanitary and storm sewer.
(Ord. 081-2023. Passed 10-3-23.)
1129.07 LOT.
"Lot" means a portion of a subdivision or other parcel of land intended as a unit for transfer of ownership.
(Ord. 081-2023. Passed 10-3-23.)
1129.08 PLAT.
"Plat" means a map of a parcel of land on which are marked the courses and distances of the different lines and the quantity of land it contains.
(Ord. 081-2023. Passed 10-3-23.)
1129.09 RIGHT OF WAY.
"Right of way" means the width between property lines of a street, pathway, alley or easement. (Ord. 081-2023. Passed 10-3-23.)
1129.10 SECRETARY.
"Secretary" means the Secretary of the Planning Commission.
(Ord. 081-2023. Passed 10-3-23.)
1129.11 SERVICE DRIVE.
"Service drive" means a passage or way affording generally or secondary means of vehicular access to abutting properties and not intended for general traffic circulation.
(Ord. 081-2023. Passed 10-3-23.)
1129.12 STREET.
"Street" means a right of way which provides public vehicular and pedestrian access to adjacent properties. (Ord. 081-2023. Passed 10-3-23.)
1129.13 PRIVATE ROAD.
"Private road" means every place or way in private ownership used for vehicular traffic by the owner and those having express or implied permission from the owner but not by other persons into property owned by one or more persons, firms or corporations where such way or place serves or is intended to serve four or more dwelling units and which is not intended for public use. (Ord. 081-2023. Passed 10-3-23.)
1129.14 SUBDIVIDER.
"Subdivider" means any person proposing or intending to divide lands so as to contain a subdivision as defined in Section 1129.15
.
(Ord. 081-2023. Passed 10-3-23.)
1129.15 SUBDIVISION.
"Subdivision" means the division of a tract or parcel of land shown as a unit or as contiguous units on the last preceding tax roll, into two (2) or more lots, plots or other divisions of land, any of which is less than five (5) acres, for the purpose, whether immediate or future, of transfer of ownership or building development. The following divisions of land shall not be construed to be a subdivision:
(a) Partition of land into parcels of more than five (5) acres not involving any new streets or easements of access.
(b) The sale or exchange of parcels between adjoining lot owners, where such sale or exchange does not create additional building sites.
(c) The improvement of one (1) or more parcels of land for residential, commercial or industrial structures or group structures involving the divisions or allocations of land for the opening, widening or extension of any street or streets or as easements for extensions and maintenance of public sewers, water, storm drainage or other public facilities.
(d) The dedication of streets or easements without the division of land. However, such dedication for street or easement purposes must be approved by the Planning Commission before any plot is accepted or approved.
(Ord. 081-2023. Passed 10-3-23.)
1129.16 SUBDIVISION REGULATIONS.
1130.01 VARIATIONS.
In cases where it is deemed that hardships, topography or other factual deterrent conditions prevail, variations and exceptions from the dimensional standards and improvement requirements as set forth in these Subdivision Regulations may be recommended by the City Planning Commission to Council for approval.
(Ord. 081-2023. Passed 10-3-23.)
1130.02 VALIDITY.
If any sentence, clause, section, word or words or part of these Subdivision Regulations is for any reason found to be unconstitutional, illegal or invalid, that unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections, word or words or parts of these Subdivision Regulations.
It is hereby declared as the intent of Council that these Subdivision Regulations would have been adopted had such unconstitutional, illegal or invalid sentence, clauses, sections, word or words and parts hereof not been included herein.
(Ord. 081-2023. Passed 10-3-23.)
1130.03 PENALTY.
Any person, firm or corporation who offers for sale, enters into a contract of sale, sells, transfers or otherwise disposes of land before all the requirements of these Subdivision Regulations are complied with, or who neglects or fails to comply with any order issued pursuant thereto, or otherwise violates any provisions of these Subdivision Regulations, shall be fined not less than ten dollars ($10.00) nor more than one thousand dollars ($1,000) or imprisoned not more than six (6) months, or both.
Such sum may be recovered with costs in a civil action brought in the Court of Common Pleas of Franklin County, Ohio, by the City Attorney as provided by Ohio R.C. 711.102. In addition to the foregoing fines and penalties, and in addition to the remedies otherwise provided by law, the City Attorney is hereby authorized to institute any appropriate action or proceeding in law or equity to prevent such violation, or to restrain, correct or abate such violation.
(Ord. 081-2023. Passed 10-3-23.)
1131.01 PROCEDURE FOR APPROVAL OF PLATS.
No person, firm or corporation proposing to make or who makes or has made a subdivision of the City shall offer for sale, enter into any contract for sale of, sell, transfer or otherwise dispose of any subdivision or any part thereof or proceed with the grading or any construction work of the proposed subdivision until he or it has obtained from the Commission approval of the preliminary plat of the proposed subdivision.
Such person, firm or corporation may thereupon offer to sell or enter into a contract to sell such subdivision or any part thereof, providing such offer to sell or such contract to sell is conditioned upon the promise and agreement of such person, firm or corporation inserted therein, to complete the improvements and perform the other work set forth upon such preliminary plat.
However, no building permit shall be issued by the City to erect any dwelling or other structure upon any subdivision until the subdivider has provided sufficient security with the City in the form of a certified check, irrevocable Letter of Credit or bond in an amount equal to the estimated cost of the improvement contemplated by and under such preliminary plat, to assure the completion of such improvements by the City in the event the subdivider fails to complete such improvements. (Ord. 081-2023. Passed 10-3-23.)
1131.02 PREPARATION OF PLATS; REQUIREMENTS.
In planning and developing a subdivision, the subdivider or his agent shall in every case pursue the following procedure:
(a) The subdivider shall prepare a preliminary plat of the proposed subdivision which shall conform with the requirements set forth in Chapter 1132
, and shall file with the Service Director an application in writing for the approval of such preliminary plat, accompanied by ten (10) blue prints and the payment of the required fees, at least two (2) weeks prior to the meeting of the Commission.
(b) The preliminary plat shall be checked by the Commission and the City Engineer as to its conformity with the principles, standards and requirements hereinafter set forth.
(c) Upon receipt of a preliminary plat of a proposed subdivision which has been presented to the Commission, the Commission shall send notice of the filing thereof to owners of property adjacent, contiguous and across the street from the proposed subdivision and to such other person or persons considered by the Commission to be affected by the proposed subdivision. A reasonable time, as set forth in the notice, shall be allowed for a reply from such property owners before action is taken on the preliminary plat by the Commission.
(d) The Commission shall approve or disapprove the preliminary plat, or approve it with modifications, within ninety (90) days of the filing thereof, noting thereon any changes that will be required. One (1) copy shall be returned to the subdivider with the date of such approval or disapproval therein.
(e) If the plat is approved or the subdivider agrees to the modifications as set forth by the Commission, the subdivider may then secure the necessary permits to proceed with the street and sanitary improvements as are required.
(f) After completion of all required improvements in accordance with the standards and specifications of the City pertaining to such improvements and to the satisfaction of the City Engineer, the subdivider shall file with the Secretary the final plat, meeting the requirements stipulated in Chapter 1133
.
The final plat shall be accompanied by the title insurance or other assurance of marketable title showing the ownership of all lands to be dedicated to public use and that the title therefor is free and unencumbered.
The final plat shall be filed with the Secretary at least two (2) weeks prior to the meeting of the Commission at which action is desired.
When the required improvements have not been completed and the subdivider nevertheless desires to proceed as though the improvements have been completed so that a final plat may be recorded, the Commission, in its discretion, may accept such final plat upon the providing of sufficient security with the City in the form of a certified check, irrevocable Letter of Credit or bond in an amount equal to the estimated cost of the improvements not yet completed, plus ten percent (10%) to assure the completion of such improvements by the City in the event that the subdivider fails to do so.
(g) The City Engineer shall check the final plat as to computations, certifications, lot areas and numbers, monuments and other related data. If found satisfactory, he shall transmit all copies of the final plat to the Commission, together with title insurance or other assurance of marketable title and a certificate showing that the technical details of the final plat itself have been checked and found satisfactory and that all improvements have been completed in accordance with the standards and specifications of the City and to the satisfaction of the City Engineer.
(h) After the final plat, together with such certificates, has been received and provided that the final plat is found to conform with the preliminary plat as approved and with the requirements set forth in these Subdivision Regulations, the Commission shall approve and endorse such final plat.
(i) The final plat of the subdivision so approved shall then be filed for record in the office of the County Recorder, Franklin County, Ohio, at the expense of the subdivider. (Ord. 081-2023. Passed 10-3-23.)
1131.03 INSPECTION.
The construction of all improvements shall be inspected at the time of installation by the City Engineer. Under no circumstances are such installations to be made without an inspector on the job. The City Engineer shall be notified three days before any construction work is begun and sufficient funds shall be deposited with the City to cover the cost of such inspections.
(Ord. 081-2023. Passed 10-3-23.)
1131.04 BOND FOR IMPROVEMENTS.
Before the approval of the final plat, the owner or developer shall agree in writing that prior to construction of any street or private road, he shall provide a bond or an irrevocable Letter of Credit acceptable to the City, or a certified cheek, guaranteeing the completion of the street improvement or private roadway within one (1) year from the date of agreement or such further time as may be agreed to by the Director of Public Service. The bond, irrevocable Letter of Credit or check shall be in the amount equal to the estimated cost of constructing the private road improvements as approved by the City Engineer and the Director of Public Service. A maintenance bond, an irrevocable Letter of Credit or a certified check in the amount of five percent (5%) of the preliminary estimate or final construction cost shall be provided for a maintenance period of one (1) year beginning with the date of acceptance of the street improvements by Council.
In lieu of bond for sanitary sewer and water main improvements, the City may accept private agreements for sanitary sewer and water main construction and maintenance. Such agreements shall be executed on forms approved and supplied by the City.
(Ord. 081-2023. Passed 10-3-23.)
1131.05 FEES.
The owner or developer shall, prior to construction, deposit with the Director of Public Service a minimum sum of fifty dollars ($50.00) for five (5) acres or any fraction thereof and eight dollars ($8.00) for each acre in excess of five (5) acres, and no part of this fee shall be refundable. Should the amount of such deposit be insufficient to pay the cost thereof, the subdivider shall immediately, upon demand, deposit such additional sums as are estimated by the Director of Public Service to be necessary. Upon completion and acceptance of the improvement, any unexpended balance remaining from such deposits shall be refunded.
For the purpose of checking statements and computations, the subdivider shall pay to the City the actual cost of checking the maps and investigations incidental thereto when the final plat is submitted for approval.
(Ord. 081-2023. Passed 10-3-23.)
1132.01 APPLICATION; COPIES OF PLAT.
The preliminary plat of the proposed subdivision shall be made in ten copies prepared by a registered professional engineer or surveyor. Such preliminary plat shall accompany an application in writing to the Commission for the approval of such preliminary plat of the subdivision. (Ord. 081-2023. Passed 10-3-23.)
1132.02 VICINITY SKETCH.
A vicinity sketch at the scale of 400 feet or more to the inch shall be shown on or shall accompany the preliminary plat. The vicinity sketch shall show all existing subdivisions and the street and tract lines of all acreage parcels of land, together with the names of the record owners of such parcels immediately adjoining the proposed subdivision and between it and the nearest existing City streets. It shall also show how the streets and service drives in neighboring subdivisions or unplatted property are coordinated to produce the most advantageous development of the entire neighborhood.
(Ord. 081-2023. Passed 10-3-23.)
1132.03 INFORMATION REQUIRED; SCALE.
The preliminary plat shall clearly show the following features and information:
(a) The minimum scale shall be one inch equals 100 feet.
(b) The proposed name of the subdivision. This name shall not duplicate or closely approximate the name of any other subdivision in Franklin County.
(c) The name and addresses of the owner of record, the subdivider and the engineer or surveyor.
(d) The names of adjacent subdivisions and the names of record owners of adjacent parcels of unplatted land.
(e) The boundary lines, accurate in scale, of the tract to be subdivided.
(f) The location, widths and names of all existing or plotted streets or other public ways within or adjacent to the tract and other important features such as existing permanent buildings, railroad lines and corporation lines.
(g) Existing sewers, water mains, culverts and other underground structures within the tract and immediately adjacent thereto, with pipe sizes and grades indicated.
(h) Contours with intervals of five (5) feet or less, reference to City of Columbus data.
(i) The layout, proposed names and widths of proposed streets, service drives and easements; the layout, numbers and approximate dimensions of proposed lots. The proposed street names shall not duplicate the names of existing streets in Franklin County, or closely approximate any existing street names in the City, except coterminous streets.
(j) The width of each proposed street and the right of way.
(k) The zoning boundary lines, if any; proposed uses of property and the proposed front yard depths.
(l) All parcels of land, including streets, intended to be dedicated or temporarily reserved for public use or to be reserved in the deeds for the common use of property owners in the subdivision, with the purpose, conditions or limitations of such reservations indicated.
(m) The location and plans of all structures appurtenant to the subdivision and intended for the common use of property owners, such as gates, recreation buildings, shelters and the like.
(n) North point, scale and date, location and elevation of bench mark.
(o) Copies of any private restrictions to be included in the deeds shall be attached to the preliminary plat.
(p) Copies of maintenance and repair agreements binding purchasers of lots are to be included in the deeds to lots and, in the event that any street in the subdivision is to be a private street, must be attached to the preliminary plat.
(q) Easements must be shown and the purposes and uses of the easements must be clearly stated in the dedication.
(r) All proposed reserves must clearly indicate the proposed use of such reserve.
(s) Street lighting system.
(t) All new streets shall be named in the following manner and shall be subject to the approval of the Planning Commission:
TABLE 1132.03 STREET NAME REGULATIONS | ||
GENERAL DIRECTION | OVER 1,000 FEET IN LENGTH | UNDER 1,000 FEET IN LENGTH |
North and south | Streets | Places |
East and west | Avenues | Courts |
Diagonal | Roads | Ways |
Curving | Drives | Circles |
(Ord. 081-2023. Passed 10-3-23.)
1133.01 SUBMISSION OF FINAL PLAT; COPIES.
The final or record plat of the subdivision shall be submitted to the Mayor in the form of an original drawing in black India ink on tracing cloth or mylar the size of which shall be twenty- two (22) inches by thirty (30) inches, together with ten (10) blue prints of same. Multiple pages will be permitted for larger size subdivisions. The original drawing and blue prints shall become the property of the City.
(Ord. 081-2023. Passed 10-3-23.)
1133.02 SEWER AND WATER LINE DRAWINGS.
All construction drawings for storm and street sewers shall be on a horizontal scale of one (1) inch to fifty (50) feet and a vertical scale of one (1) inch to five (5) feet. The scale for sanitary sewer and water lines may be one (1) inch to eighty (80) feet and a vertical scale of one (1) inch to six (6) feet or as approved by the City Engineer.
Upon approval and acceptance of all improvements, the original construction drawings for the improvements shall be revised to reflect the actual construction and shall become the property of the City. (Ord. 081-2023. Passed 10-3-23.)
1133.03 SCALE; INFORMATION REQUIRED.
The final plat shall be drawn at the scale of 100 feet or less to the inch, and shall clearly show the following features and information:
(a) Plat boundary lines with length of courses to hundredths of a foot and bearing to half minutes; and the exact location and the width of all existing or recorded streets intersecting or adjoining the boundaries of the tract.
The plat boundaries shall be determined by an accurate survey in the field, which shall be balanced and closed. The error of closure shall not exceed one to 10,000.
(b) True bearings and distances to nearest established street lines, or official monuments, which shall be accurately located and described on the plat; municipal, township, county or section lines accurately tied to the lines of the subdivisions by distances and bearings.
(c) The exact layout including:
(1) The right of way of streets and service drives, their names, bearings, angles of intersection and widths (including widths along the line of any obliquely- intersecting street).
(2) The length of all arcs, radii, internal angles, points of curvature and tangent bearings.
(3) All easements or rights of way provided for or owned by public services (the limitation of the easement rights shall be definitely stated on the plat).
(4) Lot numbers and all lot lines with accurate dimensions in feet and hundredths, and with bearings and angles to minutes (if other than right angles to the street lines).
(d) The accurate location, material and approximate size of all monuments.
(e) The accurate boundaries of all property which is offered for dedication or which is temporarily reserved for public use, and of all property that may be reserved by deed covenant for the common use of the property owners in the subdivision, with the purpose of each such dedication or reservation indicated.
(f) Any yard restrictions or requirements as fixed by the Zoning Code, street lines established by public authority and any requirements or restrictions to be stipulated in the deeds.
(g) Private restrictions, if any:
(1) Boundaries of each type of use restrictions,
(2) Other private restrictions for each definitely restricted section of the subdivision.
(h) Name of the subdivision and name or number of the largest subdivision or tract of which the tract now subdivided forms a part.
(i) An accurate description of the subdivision in reference to the real estate records of Franklin County.
(j) Names and addresses of the owner or record, the subdivider and of the engineer or surveyor.
(k) North point, scale and date.
(1) Statement that any lot transferred will have a minimum width and area substantially the same as those shown on the plat.
(l) Certification by a registered professional surveyor to the effect that the plat represents a survey made by him and that all the monuments required are indicated thereon and actually exist or will be placed following construction and that their location, size and material are correctly shown. If monuments have not been erected, a deposit for the cost of the location of such monuments shall be required.
(m) Maintenance and repair agreements binding purchasers of lots are to be included in the deeds to lots in the event any street in the subdivision is a private street.
(Ord. 081-2023. Passed 10-3-23.)
1134.01 PRIVATE STREETS.
For good cause shown, private streets may be permitted in a subdivision. As used in this section, "private streets" means any passage way designed for use by motor vehicles upon property owned by one or more persons, firms or corporations where such passage serves four dwelling units or more. Such private streets must have the following minimum standards:
(a) All private streets shall be improved with a hard surface of concrete, of the type and thickness as required of streets of the City.
(b) All private streets shall have a pavement width of a minimum of twenty-four (24) feet and the maximum grade of six percent (6%), provided, that the minimum grade for private streets shall be one-half of one percent at the gutter, unless otherwise approved by the City Engineer.
The length of the radius of the center line of any curve of a private street shall be no less than fifty (50) feet.
The curb radius at any street intersection shall be no less than twenty (20) feet.
(c) Every private street ending in a dead end or at a cul- de-sac circle shall have a minimum pavement width as approved by the Commission to assure access to the area for fire equipment and to facilitate the turning of vehicular traffic. In approving such minimum pavement widths, the Commission shall consider whatever such cul-de-sac or turn-about will be used for parking vehicles.
(Ord. 081-2023. Passed 10-3-23.)
1134.02 LOTS AND BLOCKS.
Every lot shall abut on a dedicated street. Double frontage lots shall be avoided. At the intersection of two streets, property line corners shall be rounded by an arc of a minimum of ten (10) foot radius. Size, shape and orientation of residential lots shall be appropriate to the location of the proposed subdivision and for the type of development contemplated and in conformity with the Zoning Code, with proper regard given yard areas and setback lines. Excessive depth in relation to length shall be avoided. A proportion of two to one depth to frontage shall be normal for lots having a width of sixty (60) feet or more, and depths in excess of three times the lot width are not recommended. Side lines of lots shall be approximately at right angles or radial to the street line. Corner lots shall have extra width sufficient to permit maintenance of building lines of both front and sides of lot. The maximum length of blocks may not exceed 1,800 feet except where topographic conditions require longer blocks, nor shall they be less than 400 feet in length. The width of a block shall normally be sufficient to allow two tiers of lots of appropriate depth. Where frontage on a primary street is involved, the long dimension of the block shall front thereon in order to minimize access intersections.
(Ord. 081-2023. Passed 10-3-23.)
1134.03 PUBLIC AREAS.
When a proposed subdivision contains an area described as a proposed public building site, park, playground or other public area, such area shall be dedicated on the plat to the City. From five to ten percent of the area of each residential subdivision, exclusive of street, should be allocated for recreational uses.
Where feasible, the developer and the City may work out an arrangement for parks and recreational facilities.
Proposed large scale neighborhood unit developments and similar unusual developments may require the reservation or dedication of such additional areas or sites of a character, extent and location suitable for needs for community facilities created by such particular developments where deemed necessary by the Planning Commission.
Natural features of beauty, such as trees, brooks, topography and views, shall be preserved whenever possible in designing any subdivision.
(Ord. 081-2023. Passed 10-3-23.)
1134.04 DRAINAGE.
(a) Generally. The Planning Commission shall not approve any subdivision having inadequate storm drainage or other physical drainage impairment as determined by the City Engineer. In areas known to be subject to periodic floods, such drainage improvements must be made so as to satisfy the aforementioned public officers in order that the safety, health and welfare of the people will be protected.
(b) Protection of Drainage Courses. No natural drainage courses shall be altered and no fill, buildings or structures shall be placed in it unless provisions are made for the flow of water in a manner satisfactory to the City Engineer. An easement shall be provided on both sides of an existing important surface drainage course adequate for the purpose of protecting, widening, deepening, enclosing or otherwise improving such stream for drainage purposes. All drainage ditch swales should be enclosed when ordered by the Commission.
(c) Lot Drainage. A master grade plan shall be prepared for all subdivisions and shall be presented to the Mayor for review and approval by the City Engineer. The grading plan shall show the existing topography, the proposed street grades and the proposed storm sewers with pipe sizes and grades. It shall also show the proposed elevation at each lot corner, the proposed finish grades at the house and shall delineate the method of rear yard drainage by showing proposed swales and direction of surface slope by arrows. The grading plan shall follow the standards as established for such grading by the Federal Housing Administration.
Whenever possible, with exceptions being made where the topography of an area does not permit such grading practice, lots shall be graded from the rear lot line to the street. Where a lot abuts directly on two streets, the grade shall be from the corner of the lot which is diagonally opposed to the corner of the two (2) streets on which the lot abuts. This regulation is included in a desire to reduce the amount of water standing in yards to a minimum. Therefore, where it is not possible to grade a lot in the prescribed manner, the owner or developer shall provide for the adequate drainage of any and all low areas and tie such drainage into and make it a part of the storm sewer system of the development and the City as directed by the City Engineer, with approval of such drainage subject to inspection by the City Engineer along with the inspection of other storm sewer installations.
(Ord. 081-2023. Passed 10-3-23.)
1135.01 COMPLIANCE REQUIRED.
Improvements shall be installed in accordance with the following regulations.
(Ord. 081-2023. Passed 10-3-23.)
1135.02 STREETS.
Streets shall be dedicated to public use by the owner. Minor residential streets shall be so designed as to discourage their use by nonlocal traffic. Except where necessitated by local conditions, alleys will not be approved in residential districts. Dead end alleys are prohibited in all districts. Easements for utilities must be provided along side or rear lot lines where possible. Street right-of-ways shall have the following minimum widths:
(a) Primary (includes Federal, State and County roads which are main arteries of access to the City) - 100 feet; an additional width of forty-five (45) feet shall be provided to accommodate a service drive wherever lots are to face a primary road.
(b) Secondary (next in importance as avenues of access between sections of the City as opposed to commercial traffic and nonlocal traffic) - eighty (80) feet.
(c) Collector (within new subdivision) - sixty (60) feet.
(d) Minor (completely residential in nature) - fifty (50) feet.
(e) Cul-de-sac circles - minimum diameter of 100 feet for right of way.
(f) No alleys shall be permitted
(g) Easements, as required.
Minimum pavement widths shall be as follows:
(1) Primary - variable as conditions may require.
(2) Secondary - thirty-six (36) feet.
(3) Collector - thirty-two (32) feet.
(4) Minor - twenty-six (26) feet.
(5) Cul-de-sac circules - as approved by the City Engineer.
(6) Sidewalks, residential - four (4) feet minimum; minimum width in commercial districts to be approved by the Engineer and in no case shall such sidewalks be less than five (5) feet wide.
Minimum pavement widths shall be as follows:
(1) Primary streets - four percent (4%).
(2) Secondary streets - five percent (5%).
(3) Collector, minor streets and alleys - six percent (6%).
The minimum grade for any street shall be one-half of one percent at the gutter, unless otherwise approved by the City Engineer. Street intersections shall be rounded by radii not less than twenty feet at the curb line. Sidewalks shall be located as approved by the City Engineer.
All street construction and specifications for materials shall be in conformity with standards required by the City, and the subdivider shall pay for and install street signs and posts in accordance with the specifications of the City.
(Ord. 081-2023. Passed 10-3-23.)
1135.03 WATER DISTRIBUTION.
Every subdivision shall be provided with a complete water distribution system, including fire hydrants spaced in accordance with the standards and specifications of the City. The entire water system shall bear the approval of the City Engineer and the Director of Public Service. All plans must show pipe sizes, location of valves, fire hydrants and other appurtenances.
(Ord. 081-2023. Passed 10-3-23.)
1135.04 SANITARY SEWERS.
Every subdivision shall be provided with a complete sanitary sewer system in accordance with the standards and specifications of the City. Sanitary sewer plans shall bear the approval of the City Engineer and the Director of Public Service and all grades, pipe sizes, manholes and other appurtenances must be shown on such plans.
(Ord. 081-2023. Passed 10-3-23.)
1135.05 STORM SEWER SYSTEMS.
Every subdivision shall be provided with a complete storm sewer system in accordance with the standards and specifications of the City. Storm sewer plans shall bear the approval of the City Engineer and the Director of Public Service and all grades, pipe sizes, manholes, inlets and appurtenances must be shown on such plans.
The owner or developer shall follow the recommendations of the City Engineer with regard to the proper method and direction of drainage storm water following review of the proposed plan of such drainage as submitted by the subdivider or his engineer.
(Ord. 081-2023. Passed 10-3-23.)
1135.06 TREES.
Trees of an approved size and species appropriate for the specific location, selected from a list approved by the Commission, shall be planted on both sides of every street and at a distance approved by the Commission. No trees or shrubbery shall be permitted within the right of way and no poplar, cottonwood or willow trees shall be permitted. Trees must be planted prior to final acceptance of the plat or upon such terms and conditions as the Commission may decide.
(Ord. 081-2023. Passed 10-3-23.)
1135.07 MONUMENTS.
Permanent monuments shall be of concrete, six (6) inches in diameter and thirty (30) inches in length, with a brass plug. They shall be accurately set and established at all corners of the outer boundaries of the plat as directed by the City Engineer. Iron pins, one (1) inch in diameter and thirty (30) inches in length shall be accurately set and established at all street intersections, at the beginning and end of all curves, at points on curves where the radius or direction changes and at such other points as are necessary to establish definitely all lines of the plat excepting those outlining individual lots, as directed by the City Engineer. Cost of all such work shall be paid by the owner. If the owner desires to record the plat before completion of improvements, the certified check or bond required by Section 1105.02(
f) shall include an amount as determined by the City Engineer sufficient to assure the completion of the placement of the above required monuments and iron pins.
(Ord. 081-2023. Passed 10-3-23.)
1136.01 GENERAL PROVISIONS.
(a) Statutory Authorization. Article XVIII, Section 3, of the Ohio Constitution grants municipalities the legal authority to adopt land use and control measures for promoting the health, safety, and general welfare of its citizens. Therefore, the Council of The City of Whitehall, State of Ohio, does ordain as follows:
(b) Findings of Fact. The City of Whitehall has special flood hazard areas that are subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base. Additionally, structures that are inadequately elevated, floodproofed, or otherwise protected from flood damage also contribute to the flood loss. In order to minimize the threat of such damages and to achieve the purposes hereinafter set forth, this chapter is adopted.
(c) Statement of Purpose. It is the purpose of this chapter to promote the public health, safety and general welfare, and to:
(1) Protect human life and health;
(2) Minimize expenditure of public money for costly flood control projects;
(3) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
(4) Minimize prolonged business interruptions;
(5) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;
(6) Help maintain a stable tax base by providing for the proper use and development of areas of special flood hazard so as to protect property and minimize future flood blight areas;
(7) Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions;
(8) Minimize the impact of development on adjacent properties within and near flood prone areas;
(9) Ensure that the flood storage and conveyance functions of the floodplain are maintained;
(10) Minimize the impact of development on the natural, beneficial values of the floodplain;
(11) Prevent floodplain uses that are either hazardous or environmentally incompatible; and
(12) Meet community participation requirements of the National Flood Insurance Program.
(d) Methods of Reducing Flood Loss. In order to accomplish its purposes, this chapter includes methods and provisions for the considerations listed below.
(1) Restricting or prohibiting uses which are dangerous to health, safety, and property due to water hazards, or which result in damaging increases in flood heights or velocities;
(2) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
(3) Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;
(4) Controlling filling, grading, dredging, excavating, and other development which may increase flood damage; and,
(5) Preventing or regulating the construction of flood barriers, which will unnaturally divert flood waters or which may increase flood hazards in other areas.
(e) Lands to Which This Chapter Applies. This chapter shall apply to all areas of special flood hazard within the jurisdiction of the City of Whitehall as identified in Section 1136.01
(f) including any additional areas of special flood hazard annexed by the City of Whitehall.
(f) Basis for Establishing the Areas of Special Flood Hazard. For the purposes of this chapter, the following studies and/or maps are adopted:
(1) The Flood Insurance Study for Franklin County, Ohio and Incorporated Areas and Flood Insurance Rate Map for Franklin County, Ohio and Incorporated Areas both effective June 17, 2008.
(2) Any hydrologic and hydraulic engineering analysis prepared and certified by a registered Professional Engineer in the State of Ohio which has been approved by the City of Whitehall as required by Section 1136.04(c) Subdivisions and Large Developments.
Any revisions to the aforementioned maps and / or studies are hereby adopted by reference and declared to be a part of this chapter. Such maps and/or studies are on file at the Whitehall City Hall, 360 S. Yearling Road, Whitehall, Ohio.
(g) Abrogation and Greater Restrictions. This chapter is not intended to repeal any existing ordinances (resolutions) including Subdivision Regulations, Zoning or Building Codes. In the event of a conflict between this chapter and any other ordinance (resolution), the more restrictive shall be followed. This chapter shall not impair any deed restriction covenant or easement but the land subject to such interests shall also be governed by the regulations.
(h) Interpretation. In the interpretation and application of this chapter all provisions shall be:
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the governing body; and,
(3) Deemed neither to limit nor repeal any other powers granted under state statutes. Where a provision of this chapter may be in conflict with a state or Federal law, such state or Federal law shall take precedence over this chapter.
(i) Warning and Disclaimer of Liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damage. This chapter shall not create liability on the part of the City of Whitehall, any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damage that results from reliance on this chapter or any administrative decision lawfully made thereunder.
(j) Severability. Should any section or provision of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the regulations as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid.
(Ord. 081-2023. Passed 10-3-23.)
1136.02 DEFINITIONS.
Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter the most reasonable application.
(a) Accessory Structure. A structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal structure.
(b) Appeal. A request for review of the Director of Public Service's interpretation of any provision of this chapter or a request for a variance.
(c) Base Flood. The flood having a one percent (1%) chance of being equaled or exceeded in any given year. The base flood may also be referred to as the one percent (1%) chance annual flood or one-hundred (100) year flood.
(d) Base (100-Year) Flood Elevation (BFE). The water surface elevation of the base flood in relation to a specified datum, usually the National Geodetic Vertical Datum of 1929 or the North American Vertical Datum of 1988. In Zone AO areas, the base flood elevation is the natural grade elevation plus the depth number (from one (1) to three (3) feet).
(e) Basement. Any area of the building having its floor subgrade (below ground level) on all sides.
(f) Development. Any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.
(g) Enclosure Below the Lowest Floor. See "Lowest Floor."
(h) Executive Order 11988 (Floodplain Management). Issued by President Carter in 1977, this order requires that no federally assisted activities be conducted in or have the potential to affect identified special flood hazard areas, unless there is no practicable alternative.
(i) Federal Emergency Management Agency (FEMA). The agency with the overall responsibility for administering the National Flood Insurance Program (NFIP).
(j) Fill. A deposit of earth material placed by artificial means.
(k) Flood or Flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from:
(1) The overflow of inland or tidal waters, and/or
(2) The unusual and rapid accumulation or runoff of surface waters from any source.
(l) Flood Insurance Rate Map (FIRM). An official map on which the Federal Emergency Management Agency has delineated the areas of special flood hazard and floodway boundaries.
(m) Flood Insurance Risk Zones. Zone designations on FHBMs and FIRMs that indicate the magnitude of the flood hazard in specific areas of a community. Following are the zone definitions:
(1) Zone A:
Special flood hazard areas inundated by the 100-year flood; base flood elevations are not determined.
A. Zone AE:
Special flood hazard areas inundated by the 100-year flood; base flood elevations are determined.
(2) Zone X (shaded):
Areas of 500-year flood; areas subject to the 100-year flood with average depths of less than one (1) foot or with contributing drainage area less than one (1) square mile; and areas protected by levees from the base flood.
(3) Zone X (unshaded):
Areas determined to be outside the 500-year floodplain.
(n) Flood Insurance Study (FIS). The official report in which the Federal Emergency Management Agency has provided flood profiles, floodway data and the water surface elevations of the base flood.
(o) Flood Protection Elevation. The Flood Protection Elevation, or FPE, is the base flood elevation plus 0.5 foot of freeboard. In areas where no base flood elevations exist from any authoritative source, the flood protection elevation can be based on historical flood elevations, or base flood elevations determined and/or approved by the Director of Public Service.
(p) Floodway. A floodway is the channel of a river or other watercourse and the adjacent land areas that have been reserved in order to pass the base flood discharge. A floodway is typically determined through a hydraulic and hydrologic engineering analysis such that the cumulative increase in the water surface elevation of the base flood discharge is no more than 0.5 foot.
The floodway is an extremely hazardous area, and is usually characterized by any of the following: moderate to high velocity flood waters, high potential for debris and projectile impacts, and moderate to high erosion forces.
(q) Historic Structure. Any structure that is:
(1) Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listings on the National Register;
(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; or
(3) Individually listed on the State of Ohio's inventory of historic places maintained by the Ohio Historic Preservation Office; or
(4) Individually listed on the inventory of historic places maintained by the City of Whitehall historic preservation program, which program is certified by the Ohio Historic Preservation Office.
(r) Hydrologic and Hydraulic Engineering Analysis. An analysis performed by a professional engineer, registered in the State of Ohio, in accordance with standard engineering practices as accepted by FEMA, used to determine flood elevations and/or floodway boundaries.
(s) Letter of Map Change (LOMC). A Letter of Map Change is an official FEMA determination, by letter, to amend or revise effective Flood Insurance Rate Maps, Flood Boundary and Floodway Maps, and Flood Insurance Studies. LOMCs are broken down into the following categories:
(1) Letter of Map Amendment (LOMA)
A revision based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property is not located in a special flood hazard area.
(2) Letter of Map Revision (LOMR)
A revision based on technical data that, usually due to manmade changes, shows changes to flood zones, flood elevations, floodplain and floodway delineations, and planimetric features. One common type of LOMR, a LOMR-F, is a determination concerning whether a structure or parcel has been elevated by fill above the base flood elevation and is, therefore, excluded from the special flood hazard area.
(3) Conditional Letter of Map Revision (CLOMR)
A formal review and comment by FEMA as to whether a proposed project complies with the minimum National Flood Insurance Program floodplain management criteria. A CLOMR does not amend or revise effective Flood Insurance Rate Maps or Flood Insurance Studies.
(t) Lowest Floor. The lowest floor of the lowest enclosed area (including basement) of a structure. This definition excludes an "enclosure below the lowest floor" which is an unfinished or flood resistant enclosure usable solely for parking of vehicles, building access or storage, in an area other than a basement area, provided that such enclosure is built in accordance with the applicable design requirements specified in this chapter for enclosures below the lowest floor.
(u) Manufactured Home. A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities.
The term "manufactured home" does not include a "recreational vehicle". For the purposes of this chapter, a manufactured home includes manufactured homes and mobile homes as defined in Chapter 3733 of the Ohio Revised Code.
(v) Manufactured Home Park. As specified in the Ohio Administrative Code 3701-27- 01, a manufactured home park means any tract of land upon which three (3) or more manufactured homes used for habitation are parked, either free of charge or for revenue purposes, and includes any roadway, building, structure, vehicle, or enclosure used or intended for use as part of the facilities of the park. A tract of land that is subdivided and the individual lots are not for rent or rented, but are for sale or sold for the purpose of installation of manufactured homes on the lots, is not a manufactured home park, even though three (3) or more manufactured homes are parked thereon, if the roadways are dedicated to the local government authority.
(w) National Flood Insurance Program (NFIP). The NFIP is a Federal program enabling property owners in participating communities to purchase insurance protection against losses from flooding. This insurance is designed to provide an alternative to disaster assistance to meet the escalating costs of repairing damage to buildings and their contents caused by floods. Participation in the NFIP is based on an agreement between local communities and the Federal government that states if a community will adopt and enforce floodplain management regulations to reduce future flood risks to all development in special flood hazard areas, the Federal government will make flood insurance available within the community as a financial protection against flood loss.
(x) New Construction. Structures for which the "start of construction" commenced on or after the initial effective date of the City of Whitehall Flood Insurance Rate Map, dated July 18, 1985, and includes any subsequent improvements to such structures.
(y) Person. Includes any individual or group of individuals, corporation, partnership, association, or any other entity, including state and local governments and agencies. An agency is further defined in the Ohio Revised Code Section 111.15 as any governmental entity of the State and includes, but is not limited to, any board, department, division, commission, bureau, society, council, institution, state college or university, community college district, technical college district, or state community college. "Agency" does not include the General Assembly, the Controlling Board, the Adjutant General's Department, or any court.
(z) Recreational Vehicle. A vehicle which is:
(1) Built on a single chassis,
(2) 400 square feet or less when measured at the largest horizontal projection,
(3) Designed to be self- propelled or permanently towable by a light duty truck, and
(4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
(aa) Registered Professional Architect. A person registered to engage in the practice of architecture under the provisions of sections 4703.01 to 4703.19 of the Ohio Revised Code.
(ab) Registered Professional Engineer. A person registered as a professional engineer under Chapter 4733 of the Ohio Revised Code.
(ac) Registered Professional Surveyor. A person registered as a professional surveyor under Chapter 4733 of the Ohio Revised Code.
(ad) Special Flood Hazard Area. Also known as "Areas of Special Flood Hazard", it is the land in the floodplain subject to a one percent (1%) or greater chance of flooding in any given year. Special flood hazard areas are designated by the Federal Emergency Management Agency on Flood Insurance Rate Maps and Flood Insurance Studies as Zones A, AE, AH, AO, A1-30, and A99. Special flood hazard areas may also refer to areas that are flood prone and designated from other federal state or local sources of data including but not limited to historical flood information reflecting high water marks, previous flood inundation areas, and flood prone soils associated with a watercourse.
(ae) Start of Construction. The date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of a building.
(af) Structure. A walled and roofed building, manufactured home, or gas or liquid storage tank that is principally above ground.
(ag) Substantial Damage. Damage of any origin sustained by a structure whereby the cost of restoring the structure to it before damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred. Substantial damage also means flood related damage sustained by a structure on two (2) separate occasions during a ten (10)-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceed twenty-five percent (25%) of the market value of the structure before the damage occurred.
(ah) Substantial Improvement. Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the "start of construction" of the improvement. When the combined total of all previous improvements or repairs made during the life of the structure equals or exceeds fifty percent (50%) of a structure's market value, that structure is considered a substantial improvement. This term includes structures, which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include:
(1) Any improvement to a structure that is considered "new construction";
(2) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified prior to the application for a development permit by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
(3) Any alteration of a "historic structure," provided that the alteration would not preclude the structure's continued designation as a "historic structure".
(ai) Variance. A grant of relief from the standards of this chapter consistent with the variance conditions herein.
(aj) Violation. The failure of a structure or other development to be fully compliant with this chapter. (Ord. 081-2023. Passed 10-3-23.)
1136.03 ADMINISTRATION.
(a) Designation of the Floodplain Administrator. The Director of Public Service is hereby appointed to administer and implement this chapter and is referred to herein as the Floodplain Administrator.
(b) Duties and Responsibilities of the Floodplain Administrator. The duties and responsibilities of the Floodplain Administrator shall include but are not limited to the items listed below.
(1) Evaluate applications for permits to develop in special flood hazard areas.
(2) Interpret floodplain boundaries and provide flood hazard and flood protection elevation information.
(3) Issue permits to develop in special flood hazard areas when the provisions of this chapter have been met, or refuse to issue the same in the event of noncompliance.
(4) Inspect buildings and lands to determine whether any violations of this chapter have been committed.
(5) Make and permanently keep all records for public inspection necessary for the administration of this chapter including Flood Insurance Rate Maps, Letters of Map Amendment and Revision, records of issuance and denial of permits to develop in special flood hazard areas, determinations of whether development is in or out of special flood hazard areas for the purpose of issuing floodplain development permits, elevation certificates, variances, and records of enforcement actions taken for violations of this chapter.
(6) Enforce the provisions of this chapter.
(7) Provide information, testimony, or other evidence as needed during variance hearings.
(8) Coordinate map maintenance activities and FEMA follow-up.
(9) Conduct substantial damage determinations to determine whether existing structures, damaged from any source and in special flood hazard areas identified by FEMA, must meet the development standards of this chapter.
(10) Provide community acknowledgement where appropriate on the Letter of Map Correction applications (LOMR, LOMR-F, and CLOMR).
(c) Floodplain Development Permits. It shall be unlawful for any person to begin construction or other development activity including but not limited to filling, grading, construction, alteration, remodeling, or expanding any structure; or alteration of any watercourse wholly within, partially within or in contact with any identified special flood hazard area, as established in Section 1136.01
(f), until a floodplain development permit is obtained from the Floodplain Administrator. Such floodplain development permit shall show that the proposed development activity is in conformity with the provisions of this chapter. No such permit shall be issued by the Floodplain Administrator until the requirements of this chapter have been met.
(d) Application Required. An application for a floodplain development permit shall be required for all development activities located wholly within, partially within, or in contact with an identified special flood hazard area. Such application shall be made by the owner of the property or his/her authorized agent, herein referred to as the applicant, prior to the actual commencement of such construction on a form furnished for that purpose. Where it is unclear whether a development site is in a special flood hazard area, the Floodplain Administrator may require an application for a floodplain development permit to determine the development's location. Such applications shall include, but not be limited to:
(1) Site plans drawn to scale showing the nature, location, dimensions, and topography of the area in question; the location of existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing.
(2) Elevation of the existing, natural ground where structures are proposed.
(3) Elevation of the lowest floor, including basement, of all proposed structures.
(4) Such other material and information as may be requested by the Floodplain Administrator to determine conformance with, and provide enforcement of this chapter.
(5) Technical analyses conducted by the appropriate design professional registered in the State of Ohio and submitted with an application for a floodplain development permit along with the additional information listed below, when applicable.
A. loodproofing certification for non-residential floodproofed structure as required in Section 1136.04
(e).
B. Certification that fully enclosed areas below the lowest floor of a structure meet the criteria of Section 1136.04
(d)(5).
C. Description of any watercourse alteration or relocation that the flood carrying capacity of the watercourse will not be diminished, and maintenance assurances as required in Section 1136.04(
i)(3).
D. A hydrologic and hydraulic analysis demonstrating that the cumulative effect of proposed development, when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood by more than 0.5 foot in special flood hazard areas where the Federal Emergency Management Agency has provided base flood elevations but no floodway as required by Section 1136.04(
i)(2).
E. A hydrologic and hydraulic engineering analysis showing impact of any development on flood heights in an identified floodway as required by Section 1136.04
(i)(1).
F. Generation of base flood elevation(s) for subdivision and large-scale developments as required by Section 1136.04
(c).
(6) All applications for a floodplain development permit shall be accompanied by a fee of fifty dollars ($50.00).
(e) Review and Approval of a Floodplain Development Permit Application.
(1) Review.
A. After receipt of a complete application, the Floodplain Administrator shall review the application to ensure that the standards of this chapter have been met. No floodplain development permit application shall be reviewed until all information required in Section 1136.03
(d) has been received by the Floodplain Administrator.
B. The Floodplain Administrator shall review all floodplain development permit applications to assure that all necessary permits have been received from those federal, state or local governmental agencies from which prior approval is required. The applicant shall be responsible for obtaining such permits as required including permits issued by the U.S. Army Corps of Engineers under Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act, and the Ohio Environmental Protection Agency under Section 401 of the Clean Water Act.
(2) Approval. Within thirty (30) days after the receipt of a complete application, the Floodplain Administrator shall either approve or disapprove the application. If an application is approved, a floodplain development permit shall be issued. All floodplain development permits shall be conditional upon the commencement of work within one (1) year. A floodplain development permit shall expire one (1) year after issuance unless the permitted activity has been substantially begun and is thereafter pursued to completion.
(f) Inspections. The Floodplain Administrator has the authority to perform and shall make periodic inspections at appropriate times throughout the period of construction in order to monitor compliance with permit conditions.
(g) Post-Construction Certifications Required. The as-built certifications listed below are required after a floodplain development permit has been issued:
(1) For new or substantially improved residential structures, or nonresidential structures that have been elevated, the applicant shall have a Federal Emergency Management Agency Elevation Certificate completed by a registered surveyor to record as-built elevation data. For elevated structures in Zone A and Zone AO areas without a base flood elevation, the elevation certificate may be completed by the property owner or owner's representative.
(2) For all development activities subject to the standards of Section 1136.03
(j)(1), a Letter of Map Revision.
(h) Revoking a Floodplain Development Permit. A floodplain development permit shall be revocable if, among other things, the actual development activity does not conform to the terms of the application and permit granted thereon. In the event of the revocation of a permit, an appeal may be taken to the Appeals Board (Variance Board for Counties) in accordance with Section 1136.05
of this chapter.
(i) Exemption from Filing a Development Permit. An application for a floodplain development permit shall not be required for the items listed below.
(1) Maintenance work such as roofing, painting, and basement sealing, or for small nonstructural development activities (except for filling and grading) valued at less than five thousand dollars ($5,000).
(2) Development activities in an existing or proposed manufactured home park that are under the authority of the Ohio Department of Health and subject to the flood damage reduction provisions of the Ohio Administrative Code Section 3701.
(3) Major utility facilities permitted by the Ohio Power Siting Board under Chapter 4906 of the Ohio Revised Code.
(4) Hazardous waste disposal facilities permitted by the Hazardous Waste Siting Board under Chapter 3734 of the Ohio Revised Code.
(5) Development activities undertaken by a federal agency and which are subject to Federal Executive Order 11988 - Floodplain Management. Any proposed action exempt from filing for a floodplain development permit is also exempt from the standards of this chapter.
(j) Map Maintenance Activities. To meet National Flood Insurance Program minimum requirements to have flood data reviewed and approved by FEMA, and to ensure that the City of Whitehall's flood maps, studies and other data identified in Section 1136.01
(f) accurately represent flooding conditions so appropriate floodplain management criteria are based on current data, the map maintenance activities listed below are identified.
(1) Requirement to submit new technical data.
A. For all development proposals that impact floodway delineations or base flood elevations, the community shall ensure that technical data reflecting such changes be submitted to FEMA within six months of the date such information becomes available. These development proposals include the activities listed below.
i Floodway encroachments that increase or decrease base flood elevations or alter floodway boundaries.
ii Fill sites to be used for the placement of proposed structures where the applicant desires to remove the site from the special flood hazard area.
iii Alteration of watercourses that result in a relocation or elimination of the special flood hazard area, including the placement of culverts,
iv Subdivision or large scale development proposals requiring the establishment of base flood elevations in accordance with Section 1136.04
(c).
B. It is the responsibility of the applicant to have technical data, required in accordance with Section 1136.03
(j)(1), prepared in a format required for a Conditional Letter of Map Revision or Letter of Map Revision, and submitted to FEMA. Submittal and processing fees for these map revisions shall be the responsibility of the applicant.
C. The Floodplain Administrator shall require a Conditional Letter of Map Revision prior to the issuance of a floodplain development permit for:
i Proposed floodway encroachments that would result in any increase in the base flood elevation; and
ii Proposed development which increases the base flood elevation by more than 0.5 foot in areas where FEMA has provided base flood elevations but no floodway.
D. Floodplain development permits issued by the Floodplain Administrator shall be conditioned upon the applicant obtaining a Letter of Map Revision from FEMA for any development proposal subject to Section 1136.03(j)
(1)(a).
(2) Right to submit new mapping information. The Floodplain Administrator may request changes to any of the information shown on an effective Flood Insurance Rate Map that does not impact floodplain or floodway delineations or base flood elevations, such as labeling or planimetric details. Such a submission shall include appropriate supporting documentation made in writing by the Mayor of the City of Whitehall and may be submitted at any time.
Upon occurrence, the Mayor shall also notify FEMA in writing whenever the boundaries of the City of Whitehall have been modified by annexation or the community has assumed authority over an area, or no longer has authority to adopt and enforce floodplain management regulations for a particular area. In order that the City of Whitehall's Flood Insurance Rate Map accurately represent the City of Whitehall's boundaries, include within such notification a copy of a map of the City of Whitehall suitable for reproduction, clearly showing the new corporate limits or the new area for which the City of Whitehall has assumed or relinquished floodplain management regulatory authority.
(k) Data Use and Flood Map Interpretation. The following guidelines shall apply to the use and interpretation of maps and other data showing areas of special flood hazard:
(1) In areas where FEMA has not identified special flood hazard areas, or in FEMA identified special flood hazard areas where base flood elevation and floodway data have not been identified, the Floodplain Administrator shall review and reasonably utilize any other flood hazard data available from a federal, state, or other source.
(2) Base flood elevations and floodway boundaries represented on a Flood Insurance Rate Map or Letter of Map change (or other approved FEMA study) shall take precedence over base flood elevations and floodway boundaries proposed by any other source that reflect a reduced floodway width and/or lower base flood elevations until such flood hazard information has been approved by FEMA. Other sources of data, showing increased base flood elevations and/or larger floodway areas than are shown on FEMA flood maps and studies, shall be reasonably used by the Floodplain Administrator.
(3) When Preliminary Flood Insurance Rate Maps and/ or Flood Insurance Study have been provided by FEMA, the provisions listed below apply.
A. Upon the issuance of a Letter of Final Determination by the FEMA, the preliminary flood hazard data shall be used and replace all previously existing flood hazard data provided from FEMA for the purposes of administering this chapter.
B. Prior to the issuance of a Letter of Final Determination by FEMA, the use of preliminary flood hazard data shall only be considered where no base flood elevations and /or floodway areas exist or where the preliminary base flood elevations or floodway area exceed the base flood elevations and/or floodway widths in existing flood hazard data provided from FEMA. Such preliminary data may be subject to change and/or appeal to FEMA.
(4) The Floodplain Administrator shall make interpretations, where needed, as to the exact location of the flood boundaries and areas of special flood hazard. A person contesting the determination of the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 1136.05, Appeals and Variances.
(5) Where a map boundary showing an area of special flood hazard and field elevations disagree, the base flood elevations or flood protection elevations (as found on an elevation profile, floodway data table, established high water marks, etc.) shall prevail.
(l) Substantial Damage Determinations. Damages to structures may result from a variety of causes including flood, tornado, wind, heavy snow, fire, etc. After such a damage event, the Floodplain Administrator shall conduct the tasks listed below.
(1) Determine whether damaged structures are located in special flood hazard areas.
(2) Conduct substantial damage determinations for damaged structures located in special flood hazard areas. and
(3) Make a reasonable attempt to notify owners of substantially damaged structures of the need to obtain a floodplain development permit prior to repair, rehabilitation, or reconstruction.
Additionally, the Floodplain Administrator may implement other measures to assist with the substantial damage determination and subsequent repair process. These measures include issuing press releases, public service announcements, and other public information materials related to the floodplain development permits and repair of damaged structures; coordinating with other federal, state, and local agencies to assist with substantial damage determinations; providing owners of damaged structures materials and other information related to the proper repair of damaged structures in special flood hazard areas; and assist owners of substantially damaged structures with Increased Cost of Compliance insurance claims.
(Ord. 081-2023. Passed 10-3-23.)
1136.04 USE AND DEVELOPMENT STANDARDS FOR FLOOD HAZARD REDUCTION.
(a) Use Regulations.
(1) Permitted uses. All uses not otherwise prohibited in this section or any other applicable land use regulation adopted by the City of Whitehall are allowed provided they meet the provisions of this chapter.
(2) Prohibited uses.
A. Private water supply systems in all special flood hazard areas identified by FEMA, permitted under Chapter 3701 of the Ohio Revised Code.
B. Infectious waste treatment facilities in all special flood hazard areas, permitted under Chapter 3734 of the Ohio Revised Code.
C. Storage or processing of materials that are hazardous, flammable, or explosive in the identified special flood hazard area.
D. Storage of material or equipment that, in time of flooding, could become buoyant and pose an obstruction to flow in identified floodway area.
(b) Water and Wastewater Systems. The following standards apply to all water supply, sanitary sewerage and waste disposal systems not otherwise regulated by the Ohio Revised Code:
(1) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems;
(2) New and replacement sanitary sewerage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and,
(3) On-site waste disposal systems shall be located to avoid impairment to or contamination from them during flooding.
(c) Subdivisions and Large Developments.
(1) All subdivision proposals shall be consistent with the need to minimize flood damage and are subject to all applicable standards in this chapter.
(2) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage.
(3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.
(4) In all areas of special flood hazard where base flood elevation data are not available, the applicant shall provide a hydrologic and hydraulic engineering analysis that generates base flood elevations for all subdivision proposals and other proposed developments containing at least fifty (50) lots or five (5) acres, whichever is less.
(d) Residential Structures.
(1) New construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Where a structure, including its foundation members, is elevated on fill to or above the flood protection elevation, the requirements for anchoring (Section 1136.04
(d)(1)) and construction materials resistant to flood damage (Section 1136.04
(d)(2)) are satisfied.
(2) New construction and substantial improvements shall be constructed with methods and materials resistant to flood damage.
(3) New construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or elevated so as to prevent water from entering or accumulating within the components during conditions of flooding.
(4) New construction and substantial improvement of any residential structure, including manufactured homes, shall have the lowest floor, including basement, elevated to or above the flood protection elevation. In Zone A areas with no elevations specified, the structure shall have the lowest floor, including basement, elevated at least two feet above the highest adjacent natural grade. Support structures and other foundation members shall be certified by a registered professional engineer or architect as designated in accordance with ASCE 24, Flood Resistant Design and Construction.
(5) New construction and substantial improvements, including manufactured homes, that do not have basements and that are elevated to the flood protection elevation using pilings, columns, posts, or solid foundation perimeter walls with openings sufficient to allow unimpeded movement of flood waters may have an enclosure below the lowest floor provided the enclosure meets the standards listed below.
A. Be used only for the parking of vehicles, building access or storage; and
B. Be designed and certified by a registered professional engineer or architect to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters; or
C. Have a minimum of two (2) openings on different walls having a total net area not less than one (1) square inch for every square foot of enclosed area, and the bottom of all such openings being no higher than one (1) foot above grade. The openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
(6) Manufactured homes shall be affixed to a permanent foundation and anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors.
(7) Repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and is the minimum necessary to preserve the historic character and design of the structure, shall be exempt from the development standards of Section 1136.04(
d).
(e) Nonresidential Structures.
(1) New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall meet the requirements of Section 1136.04
(d)(1)-(3) and (5)-(7).
(2) New construction and substantial improvement of any commercial, industrial or other non-residential structure shall either have the lowest floor, including basement, elevated to or above the level of the flood protection elevation; or, together with attendant utility and sanitary facilities, shall meet all of the following standards:
A. Be dry floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water to the level of the flood protection elevation;
B. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and,
C. Be certified by a registered professional engineer or architect, through the use of a Federal Emergency Management Agency Floodproofing Certificate, that the design and methods of construction are in accordance with Section 1136.04
(e)(2)A. and B.
(3) In Zone A areas with no elevations specified, the structure shall have the lowest floor, including basement, elevated at least two (2) feet above the highest adjacent natural grade, or be dry floodproofed to that elevation.
(f) Accessory Structures. Relief to the elevation or dry floodproofing standards may be granted for accessory structures containing no more than 600 square feet. Such structures must meet the standards listed below.
(1) They shall not be used for human habitation.
(2) They shall be constructed of flood resistant materials.
(3) They shall be constructed and placed on the lot to offer the minimum resistance to the flow of floodwaters.
(4) They shall be firmly anchored to prevent flotation;
(5) Service facilities such as electrical and heating equipment shall be elevated or floodproofed to or above the level of the flood protection elevation.
(g) Recreational Vehicles. Recreational vehicles must meet at least one of the standards listed below.
(1) They shall not be located on sites in special flood hazard areas for more than 180 days, or
(2) They must be fully licensed and ready for highway use, or
(h) Above Ground Gas or Liquid Storage Tanks. All above ground gas or liquid storage tanks shall be anchored to prevent flotation or lateral movement resulting from hydrodynamic and hydrostatic loads.
(i) Assurance of Flood Carrying Capacity. Pursuant to the purpose and methods of reducing flood damage stated in this chapter, the additional standards listed below are adopted to assure that the reduction of the flood carrying capacity of watercourses is minimized:
(1) Development in floodways.
A. In floodway areas, development shall cause no increase in flood levels during the occurrence of the base flood discharge. Prior to issuance of a floodplain development permit, the applicant must submit a hydrologic and hydraulic analysis, conducted by a registered professional engineer, demonstrating that the proposed development would not result in any increase in the base flood elevation; or
B. Development in floodway areas causing increases in the base flood elevation may be permitted provided the applicant obtains prior approval by the Federal Emergency Management Agency in the form of a Conditional Letter of Map Revision.
(2) Development in riverine areas with base flood elevations but no floodways.
A. Prior to issuance of a floodplain development permit, the applicant must submit a hydrologic and hydraulic analysis, conducted by a registered professional engineer, demonstrating that the cumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the base flood elevation more than 0.5 foot at any point.
B. Development causing more than 0.5 foot increase in the base flood elevation may be permitted provided the applicant obtains prior approval by the Federal Emergency Management Agency in the form of a Conditional Letter of Map Revision.
(3) Alterations of a watercourse. For the purpose of this chapter, a watercourse is altered when any change occurs within the channel banks including changes to size or dimension of the channel, or relocation of the channel. For all proposed developments that alter a watercourse, the standards listed below apply.
A. The flood carrying capacity of the altered or relocated portion of the watercourse shall not be diminished. Prior to the issuance of a floodplain development permit, the applicant must submit a description of the extent to which any watercourse will be altered or relocated as a result of the proposed development, and engineering documentation demonstrating that the flood carrying capacity of the watercourse will not be diminished.
B. Adjacent communities impacted by the watercourse alteration, and the Ohio Department of Natural Resources, Division of Water, must be notified prior to any alteration or relocation of a watercourse. Evidence of such notification must be submitted to the Federal Emergency Management Agency.
C. The applicant shall be responsible for providing the necessary maintenance for the altered or relocated portion of said watercourse so that the flood carrying capacity will not be diminished. The Floodplain Administrator may require the permit holder to enter into an agreement with the City of Whitehall specifying the maintenance responsibilities as well as providing an easement suitable for the City to access the channel and provide maintenance if the agreement obligation is not met by the permit holder. If an agreement and/or easement are required, it shall be made a condition of the floodplain development permit.
D. The applicant shall meet the requirements to submit technical data in Section 1136.03
(j)(1)A.(iii) when an alteration of a watercourse results in the relocation or elimination of the special flood hazard area, including the placement of culverts.
(j) Storage of Material. Storage of material or equipment not otherwise prohibited in Section 1136.04
(a)(2) shall be firmly anchored to prevent flotation.
(Ord. 081-2023. Passed 10-3-23.)
1136.05 APPEALS AND VARIANCES.
(a) Appeals Board Established.
(1) The Board of Zoning and Building Appeals as established by the City Charter shall hear and decide appeals and requests for variances from the requirements of this chapter.
(2) Records of the Appeals Board shall be kept and filed in 360 South Yearling Street, (Service Department) Whitehall Ohio, 43213.
(b) Powers and Duties.
(1) The Board of Zoning and Building Appeals shall hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Floodplain Administrator in the administration or enforcement of this chapter.
(c) Appeals. Any person affected by any notice and order, or other official action of the Floodplain Administrator may request and shall be granted a hearing on the matter before the Board of Zoning and Building Appeals provided that such person shall file, within twenty (20) days of the date of such notice and order, or other official action, a brief statement of the grounds for such hearing or for the mitigation of any item appearing on any order of the Floodplain Administrator's decision. Such appeal shall be in writing, signed by the applicant, and be filed with the Floodplain Administrator. Upon receipt of the appeal, the Floodplain Administrator shall transmit said notice and all pertinent information on which the Floodplain Administrator's decision was made to the Board of Zoning and Building Appeals.
Upon receipt of the notice of appeal, the Board of Zoning and Building Appeals shall fix a reasonable time for the appeal, give notice in writing to parties in interest, and decide the appeal within a reasonable time after it is submitted.
(d) Variances. Any person believing that the use and development standards of this chapter would result in unnecessary hardship may file an application for a variance. The Board of Zoning and Building Appeals shall have the power to authorize, in specific cases, such variances from the standards of this chapter, not inconsistent with Federal regulations, as will not be contrary to the public interest where, owing to special conditions of the lot or parcel, a literal enforcement of the provisions of this chapter would result in unnecessary hardship.
(1) Application for a variance.
A. Any owner, or agent thereof, of property for which a variance is sought shall make an application for a variance by filing it with the Floodplain Administrator, who upon receipt of the variance shall transmit it to the Board of Zoning and Building Appeals.
B. Such application at a minimum shall contain the following information: Name, address, and telephone number of the applicant; legal description of the property; parcel map; description of the existing use; description of the proposed use; location of the floodplain; description of the variance sought; and reason for the variance request.
C. All applications for a variance shall be accompanied by a variance application fee set in the schedule of fees adopted by the City of Whitehall.
(2) Notice for public hearing. The Appeals Board shall schedule and hold a public hearing within thirty (30) days after the receipt of an application for a variance from the Floodplain Administrator. Prior to the hearing, a notice of such hearing shall be given in one (1) or more newspapers of general circulation in the community at least ten (10) days before the date of the hearing.
(3) Public hearing. At such hearing the applicant shall present such statements and evidence as the Appeals Board requires. In considering such variance applications, the Appeals Board shall consider and make findings of fact on all evaluations, all relevant factors, standards specified in other sections of this chapter and the factors listed below
A. The danger that materials may be swept onto other lands to the injury of others.
B. The danger to life and property due to flooding or erosion damage.
C. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
D. The importance of the services provided by the proposed facility to the community.
E. The availability of alternative locations for the proposed use that are not subject to flooding or erosion damage.
F. The necessity to the facility of a waterfront location, where applicable.
G. The compatibility of the proposed use with existing and anticipated development.
H. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area.
I. The safety of access to the property in times of flood for ordinary and emergency vehicles.
J. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site.
K. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.
(4) Variances shall only be issued upon evidence of the items listed below.
A. A showing of good and sufficient cause.
B. A determination that failure to grant the variance would result in exceptional hardship due to the physical characteristics of the property. Increased cost or inconvenience of meeting the requirements of this chapter does not constitute an exceptional hardship to the applicant.
C. A determination that the granting of a variance will not result in increased flood heights beyond that which is allowed in this chapter; additional threats to public safety; extraordinary public expense, nuisances, fraud on or victimization of the public, or conflict with existing local laws.
D. A determination that the structure or other development is protected by methods to minimize flood damages.
E. A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
Upon consideration of the above factors and the purposes of this chapter, the Board of Zoning and Building Appeals may attach such conditions to the granting of variances, as it deems necessary to further the purposes of this chapter.
(5) Other Conditions for Variances.
A. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
B. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items in Section 1136.05(
d)(3)A. to K. have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.
C. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
(e) Procedure at Hearings.
(1) All testimony shall be given under oath.
(2) A complete record of the proceedings shall be kept, except confidential deliberations of the Board, but including all documents presented and a verbatim record of the testimony of all witnesses.
(3) The applicant shall proceed first to present evidence and testimony in support of the appeal or variance.
(4) The administrator may present evidence or testimony in opposition to the appeal or variance.
(5) All witnesses shall be subject to cross-examination by the adverse party or their counsel.
(6) Evidence that is not admitted may be proffered and shall become part of the record for appeal.
(7) The Board shall issue subpoenas upon written request for the attendance of witnesses. A reasonable deposit to cover the cost of issuance and service shall be collected in advance.
(8) The Board shall prepare conclusions of fact supporting its decision. The decision may be announced at the conclusion of the hearing and thereafter issued in writing or the decision may be issued in writing within a reasonable time after the hearing.
(f) Appeal to the Court. Those aggrieved by the decision of the Appeals Board may appeal such decision to the Franklin County Court of Common Pleas, as provided in Chapter 2506 of the Ohio Revised Code. (Ord. 081-2023. Passed 10-3-23.)
1136.06 ENFORCEMENT.
(a) Compliance Required.
(1) No structure or land shall hereafter be located, erected, constructed, reconstructed, repaired, extended, converted, enlarged or altered without full compliance with the terms of this chapter and all other applicable regulations which apply to uses within the jurisdiction of this chapter, unless specifically exempted from filing for a development permit as stated in Section 1136.03
(i).
(2) Failure to obtain a floodplain development permit shall be a violation of this chapter and shall be punishable in accordance with Section 1136.06
(c).
(3) Floodplain development permits issued on the basis of plans and applications approved by the Floodplain Administrator authorize only the use, and arrangement, set forth in such approved plans and applications or amendments thereto. Use, arrangement, or construction contrary to that authorized shall be deemed a violation of this chapter and punishable in accordance with Section 1136.06
(c).
(b) Notice of Violation. Whenever the Floodplain Administrator determines that there has been a violation of any provision of this chapter, he shall give notice of such violation to the person responsible therefore and order compliance with this chapter as hereinafter provided. Such notice and order shall adhere to the criteria listed below.
(1) Be put in writing on an appropriate form;
(2) Include a list of violations, referring to the section or sections of this chapter that have been violated, and order remedial action, which, if taken, will effect compliance with the provisions of this chapter;
(3) Specify a reasonable time for performance;
(4) Advise the owner, operator, or occupant of the right to appeal;
(5) Be served on the owner, occupant, or agent in person. However, this notice and order shall be deemed to be properly served upon the owner, occupant, or agent if a copy thereof is sent by registered or certified mail to the person's last known mailing address, residence, or place of business, and/or a copy is posted in a conspicuous place in or on the dwelling affected.
(c) Violations and Penalties. Violation of the provisions of this chapter or failure to comply with any of its requirements shall be deemed to be a strict liability offense, and shall constitute a fourth degree misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall upon conviction thereof be fined or imprisoned as provided by the laws of the City of Whitehall. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the City of Whitehall from taking such other lawful action as is necessary to prevent or remedy any violation. The City of Whitehall shall prosecute any violation of this chapter in accordance with the penalties stated herein.
(Ord. 081-2023. Passed 10-3-23.)
CODIFIED ORDINANCES OF WHITEHALL