(A) In regard to streets which have been platted and dedicated to public use prior to the date of this section, no department of the village shall accept, lay out, open, improve, grade, pave, curb or light any street or other way, unless the street or way has been accepted or opened or otherwise has received the legal status of a public street or way prior to the effective date of this code, or unless the street or way corresponds in location and extent with a street or way shown on a recorded plat which has been legally accepted by Council. Evidence that a street or other way has been accepted or otherwise has received the legal status of a public street or way shall include, but not be limited to:
(1) Title insurance being issued on the subject property by a title company licensed to do business in the State of Ohio; or
(2) A judgment entry from a court of competent jurisdiction as a result of a declaratory judgment, quiet title action or other legal action regarding the subject property declaring the street or other way to be a public street or other way.
Notwithstanding the above, if all of the property owners adjacent to the street or other way consent to the laying out, opening, improving, grading, paving, curbing or lighting of the street or other way as set forth in the application, the application may be approved by the village.
(B) No person shall open, improve, grade, pave, curb or light any existing street or other way as set forth on a recorded plat which has been legally accepted by Council, until that person obtains the approval of the village. Any person making application for approval to open, improve, grade, pave, curb or light any existing street or other way as set forth on a recorded plat which has been legally accepted by Council, shall provide the following materials, in addition to the application, to the Street Commissioner or Mayor, and one member of the Streets and Sidewalks Committee prior to beginning construction of the proposed improvement:
(1) A certified copy of the plat which has been legally accepted by Council; and
(2) A set of plans, drawn to scale, which show the location of both existing and proposed public utilities, including but not limited to electric, gas, water, sewer, and storm water drainage facilities, type of surface material to be utilized, and showing all obstructions to be removed (both natural and man-made).
In addition, any existing street or other way as set forth on a recorded plat which has been legally accepted by Council, shall be developed to a maximum width of 18 feet, equidistant from the centerline as shown on the recorded plat unless otherwise approved or required by Council. If necessary, Council may initiate vacation proceedings to vacate any excess right-of-way which Council determines to be unnecessary for public use. Council shall prescribe the necessary application form to effectuate the purpose of this section. However, in the event a majority of the adjacent property owners make application for an assessed project pursuant to R.C. § 727.06, the street may be developed to a width greater than 18 feet, except in the case of any structure or part thereof or any other obstruction which may encroach upon or lie within the right-of-way which exists on the effective date of Ordinance 1997-O-9 (passed 2-15-97) as approved by the Street Commissioner or Mayor and one member of the Streets and Sidewalks Committee prior to beginning construction of the proposed improvement.
For the purpose of this chapter, the meaning of the words "Open or Opening" shall include both the opening of an existing street for the purposes of installing utilities, storm water drainage systems, or other subterranean improvements and the original opening of a previously undeveloped street or other way, by the removal of trees, vegetation, or any other obstructions, both natural and man made, and other grading, clearing, paving or improving the land within the boundaries of the street or other way as approved by Council. The filling of pot holes and the leveling of an existing street or other way shall not be considered an opening under this section, but shall be deemed to be regular maintenance.
(C) Notwithstanding subsections (A) and (B), the Mayor, with the approval of Council, may issue a permit to open streets or other ways where the ownership of the street or other way has not been determined, if the applicant for the permit executes an agreement to defend, indemnify, and hold the village harmless against all loss, cost or expense which the village may incur as a result of issuing a permit authorized by this section.
('81 Code § 95.01) (Am. Ord. 1997-O-9, passed 2-15-97; Am. Ord. 2002-O-9, passed 3-9-02)
Statutory reference:
Power of the municipality over streets and sidewalks, see R.C. §§ 715.19, 717.01(P), 723.01, 723.011, 723.02, 729.01