§ 153.136 PONDS.
   (A)   General.
      (1)   Ponds shall be permitted as a conditional use in the “A”, “R-A”, and all “M” Districts on parcels of three acres or greater.
      (2)   All ponds shall require a permit and meet requirements of § 153.168, which includes written application for a zoning certificate (§ 153.168(B)) accompanied by a site plan (§ 153.168(C)). All parcels of five acres or less shall meet the additional requirements of site plan review under §§ 153.137 and 153.168(D) which includes site plan review by the Planning Commission.
      (3)   Ponds shall conform to the U.S. Soil Conservation Service specifications and recommendations.
      (4)   If a pond is deemed to pose a safety hazard because of increased density of development in the vicinity of the parcel, the village may require fencing be installed as specified under § 153.101(D) and (E), subject to the review of the Zoning Board of Appeals.
      (5)   Ponds which abut more than one lot and/or serve as an accessory use for more than one lot, and all of the respective lots associated with the pond, shall be platted in accordance with applicable subdivision regulations.
      (6)   Lots containing ponds used for drainage retention shall be platted in accordance with applicable subdivision regulations.
   (B)   Area and design requirements.
      (1)   Minimum pond surface area shall be one-half acre. Maximum surface area shall not exceed 25% of the net acreage of the parcel.
      (2)   The side slope of a pond shall be horizontal to vertical at a ratio of three-to-one except where a beach is desired. The ratio shall be maintained to a minimum depth of 17 feet.
      (3)   Beach areas may be sloped no less than at a horizontal to vertical ratio of ten-to-one and shall not exceed 25% of the pond surface area.
      (4)   Ponds shall be graded not to exceed four feet in height so as not to obstruct an adjoining property owner’s view. Excess dirt may be redistributed on the parcel, but may not be removed from the site unless determined in the site plan approval that it is deemed necessary for landscaping or to provide adequate drainage of the site.
      (5)   To prevent effects of drainage to adjoining properties, a drainage system shall be installed to accommodate overflows and surface drainage from pond development, then diverted to a suitable outlet or drainage ditch.
   (C)   Setback.
      (1)   A pond shall have a 100-foot minimum setback from any roadway right-of-way centerline.
      (2)   Ponds on parcels of five acres or less shall have a side yard setback of not less than 10% of the width of the parcel, with a minimum setback of 25 feet.
      (3)   A pond shall be located no closer than 100 feet to a septic tank or leach field.
   (D)   Refilling. The refilling of an area which has been excavated for the development of a pond shall be considered waste disposal and shall meet the requirements as set forth by the County Board of Health for solid waste disposal under R.C. § 3734.05.
(Ord. 1141, passed 9-1-1998)