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If the Planning Commission determines that land proposed to be subdivided is unsuitable for subdivision development due to poor drainage, flood hazard, topography, inadequate water supply, landslip potential, unstable subsurface conditions due to underground mining, hazardous waste contamination or other reasons and other such conditions which may endanger the health, life, safety, public welfare or property; and if by any public regulatory agencies concerned, it is determined that in the best interest of the public, the land should not be developed for the purpose proposed, the Planning Commission shall not approve the Subdivision unless appropriate and adequate methods for solving the problems are provided by the Developer.
(a) Soils. The Planning Commission shall require a Developer to submit a detailed soils study in specified areas of a proposed Subdivision, where, as determined by Summit Soil and Water or the County Engineer, existing soil conditions in a proposed Subdivision are severe and may require adjustments in design to compensate for existing conditions. This Study may be required as part of Preliminary Plan approval. The Study shall recommend corrective measures necessary to compensate for existing conditions in the proposed Subdivision and shall be reviewed and approved by Summit Soil and Water, the Department of Sanitary Sewer Services, the Division of Building Standards and other relevant County Departments.
The following note may be required on the Final Plat to acknowledge development issues or restrictions: "Note: Prior to the construction of the footing/foundation for the building to be constructed on each of the lots, the builder of such building shall confer with the Division of Building Standards for the purpose of determining if special foundation and/or basement construction techniques and/ or materials are to be employed on such lot."
(b) Flood Hazard. The FEMA Flood Insurance Rate Maps should be used to determine if land is in a flood area. The Developer shall show the 100-year flood boundary be shown on the topographic map for the Subdivision. If any portion of the land within the Subdivision is subject to flooding or other hazards, due consideration shall be given to such problems in the design of the Subdivision and the flood plain must be shown on the Preliminary Plans, Improvement Plans and Final Plat. Land subject to flooding and land otherwise uninhabitable shall not be platted for residential occupancy nor for such other uses that may increase danger to health, life, or property, or aggravate the flood hazard as delineated on the FEMA Flood Insurance Rate Maps, or detailed engineering study. Furthermore, building areas are not encouraged in the Floodway Fringe.
(c) Wetlands. All wetlands will be delineated by a qualified professional per Section 1104.04(c)(2)K. and the wetlands boundary and their associated setbacks identified on the Preliminary Plan. The full wetlands delineation study shall be completed and approved as part of the Improvement Plan Stage. The delineated wetlands and their associated setbacks and the Category 2 and/or Category 3 determination shall be identified on the Improvement Plans and the Final Plat. If the wetlands will be impacted in a manner exceeding the limits of current law, the Developer is responsible to contact the USACE and the OEPA, the two agencies having jurisdiction over wetlands. The Developer is responsible for securing wetland Development permits from the USACE and OEPA. Summit Soil and Water has resources available to identify potential wetlands.
(1) Land to be subdivided or developed should be designed and improved in a way that impacts to wetlands are minimized. Grading or removal of vegetative cover is not permitted within thirty (30) feet of a Category 2 wetland, and fifty (50) feet of a Category 3 wetland, unless a Section 404 permit to fill has been obtained from the USACE and all permit approvals have been obtained from the OEPA. The required buffer setbacks should be placed in a no-build reserve on the Preliminary Plan, Final Plat, and Minor Subdivision drawings. A Conservation Easement should be developed and deeded over to a government agency, a qualifying conservation or historic preservation organization, or homeowner's association. Copies of all USACE and OEPA Wetland Permit Information and Mitigation Plans shall be forwarded to the Planning Commission, Staff, Summit Soil and Water, the County Engineer and appropriate Township.
(2) There are no wetland buffer setbacks required for Category 1 wetlands. This category of wetlands is defined by the OEPA as wetlands that have minimal habitat and minimal hydrologic and recreation functions. Category 2 wetlands are defined by the OEPA as wetlands that have moderate habitat or moderate hydrology and recreation functions. Category 3 wetlands are defined by the OEPA as wetlands that have superior habitat or superior hydrologic or recreation functions.
(3) If other local wetland ordinances or resolutions are adopted that would supersede state or federal regulations, then the most stringent of the wetland protection and buffering Regulations will apply.
(d) Riparian Setbacks. Development shall be subject to the requirements of Chapter 937 of these Ordinances establishing Riparian Setbacks within the County of Summit. (See, Appendix J, County of Summit Riparian Ordinance)
(Res. 2008-026. Adopted 3-17-08; Ord. 2015-561. Adopted 1-25-16; Ord. 2023-339. Adopted 11-27-23.)
Design of the Subdivision shall consider existing county, township and regional comprehensive plans and shall be based on analysis of site characteristics. To the maximum extent practicable, development shall be located to preserve the natural features of the site, to avoid areas of environmental sensitivity and to minimize negative impacts and alterations of natural features and habitat to the extent consistent with the reasonable utilization of land and in accordance with state, local or federal regulations including but not limited to the following:
(a) Unique or fragile areas, including wetlands, as may be defined in Section 404 of the Clean Water Act, as amended, and in OEPA standards.
(b) Land in the Floodway and Floodway Fringe as identified and mapped using the FEMA's Flood Hazard Boundary Maps.
(c) Steep slopes in excess of eighteen (18) percent unless appropriate engineering measures concerning slope stability, erosion and resident safety are taken into account.
(d) Habitats of endangered wildlife, as identified on federal and state lists.
(e) Historically and culturally significant structures and sites, as listed on the National Register of Historic Places.
(f) Land located within 100 feet of an existing oil or gas well, 200 feet from an existing tank battery and 50 feet from a proposed street pavement edge to an existing oil or gas well and/or an existing tank battery shall remain undeveloped.
(Res. 2008-026. Adopted 3-17-08; Ord. 2015-561. Adopted 1-25-16.)
(a) Residential Block Lengths. The long dimension of a residential block shall not exceed one thousand five hundred (1,500) feet.
(b) Commercial or Industrial Blocks. Blocks intended to be used for commercial or industrial purposes shall be designed specifically for such uses with adequate space set aside for off-street parking and loading facilities as required by the applicable zoning.
(Res. 2008-026. Adopted 3-17-08.)
(a) Zoning Conformance. The lot size, width, depth, and the minimum Building Setback Lines shall conform to the minimum requirements of the existing Township Zoning Regulations.
(b) Double-Frontage Lot. Lots shall be laid out so that there are no double-frontages except:
(1) Where extreme conditions in elevation prevent access to the lot from one (1) of the streets;
(2) Where it is necessary to separate residential lots from major arterial thoroughfares. Where double-frontage lots are created adjacent to arterial thoroughfares, a minimum twenty (20) foot wide reserve strip along the arterial thoroughfares shall be deeded to the County of Summit. The Final Plat shall state that there shall be no right of access across such reserve strip. The Planning Commission may require buffering per Section 1106.06.
(c) Lot Lines. Lot lines shall be substantially at right angles or radial to street lines. Lot lines should follow municipal, township and county boundary lines rather than cross them.
(d) Lot Depth. No lot depth shall exceed four and one-half (4½) times the lot width unless otherwise required by local zoning resolutions. The lot width shall be measured at the minimum building setback line. This also applies to Section 1103.03(a).
(e) Access to Public Streets. Unless otherwise permitted herein, the subdividing of land whether as a Major or Minor Subdivision, shall provide each lot with a minimum of fifty (50) thirty (30) feet of continuous frontage on a dedicated street. Access to public streets shall comply with the Access Management Manual.
(Res. 2008-026. Adopted 3-17-08; Ord. 2015-561. Adopted 1-25-16.)
(a) Easements in General. Adequate easements along rear or side lot lines shall be provided for utilities and drainage where necessary. A ten (10) foot easement on each front lot line for utilities is required.
(b) Stormwater and Drainage Easements. A drainage easement shall be provided, where a Subdivision is traversed by a, new or improved ditch, storm sewers or detention and retention basins that were constructed as part of the development and post construction water quality practices. The easement width shall be a minimum of thirty (30) feet or as the County Engineer and Planning Commission may require. The easement width for the major (100-year) storm path shall be a minimum of thirty (30) feet wide. The easement width for the overland floodways shall be dependent upon the width of the channel plus any operational space deemed necessary by the County Engineer.
(c) Fire Pond Easements. Easements shall be provided as may be required for fire ponds and related appurtenances.
(d) Utility Lines. All utility lines shall be located underground.
(Res. 2008-026. Adopted 3-17-08; Ord. 2015-561. Adopted 1-25-16.)
(a) Grading Plan. A master grading plan shall be a part of required Comprehensive Stormwater Management Plan and Improvement Plans for all Major Subdivisions and may be required for other proposals. This grading plan shall show contour lines at two (2) foot intervals, with stormwater best management practice details at one (1) foot intervals. Elevations are to be based on the NAVD88, and the grading plan shall show:
(1) Existing and proposed contour lines.
(2) Yard swales.
(3) Minimum building envelope and other spot elevations.
(4) Lot layout and lot dimensions.
(5) Finished grade of streets.
(6) Stormwater management features and major storm routing path (if applicable, include fire pond).
(b) Comprehensive Storm Water Management Plan.
(1) SWPPP. When the Developer intends to remove or disturb the natural topsoil, trees, and other vegetation, and/or add impervious surfaces, or where the Developer intends to change the surface contour of a proposed Subdivision, he/she shall prepare a SWPPP and have such plan approved by the Summit Soil and Water prior to the commencement of earthwork. The SWPPP shall be included in the improvement drawings and the Stormwater Management Plan. In general, erosion and sediment control work will consist of phasing construction, minimizing disturbed areas, timely application of temporary and permanent seeding, and the installation of temporary structural erosion and post-construction best management sediment control practices as specified in Chapter 941 of the Codified Ordinances of the County of Summit. The SWPPP shall also include the design of permanent structural and non-structural post construction water quality practices their associated long term maintenance agreement. Summit Soil and Water has developed a check list to assist with the creation of the SWPPP which is included in Appendix L.
(2) Storm Water Management. When impervious surfaces are proposed for a development project, the Comprehensive Storm Water Management Plan shall include all structural and non-structural features that convey, detain, retain, infiltrate, and filter storm water runoff to manage and treat storm water runoff both as to quantity and quality from the development site as specified in Chapter 943 of the Codified Ordinances of the County of Summit and the Summit County Engineer's Stormwater Drainage Manual. Practices may include retention and detention basins, swales, ditches, storm sewer pipes and storm water inlets and post construction water quality practices.
(3) Inspection. The County Engineer and the Summit Soil and Water will have the work inspected to insure that the Developer has complied with the approved plans or necessary environmental conditions. Summit Soil and Water will provide site inspections to verify compliance with the SWPPP. Failure to comply with the plan may result in enforcement. The County Engineer may take necessary steps to provide corrective measures, and the cost of such services will be charged to the Developer. This does not relieve the Developer or contractor of any liability that may arise. No project will be released from Bond if there is failure to comply with an approved Comprehensive Stormwater Management Plan unless the Developer has performed cleanup and repair of damages. Final inspection requires all drainage facilities to be free of deposits from erosion, siltation and construction debris. The Preliminary Plan(s) for subsequent phases and proposed Final Plat(s) will be disapproved if there are compliance issues on any phase of a development. (Also refer to Inspection Requirements per Section 1110.07(c)).
(Res. 2008-026. Adopted 3-17-08; Ord. 2015-561. Adopted 1-25-16.)