Section 1
A. Affidavit for creating subdivision of land involving five lots or less
B. Preliminary plan checklist
C. Preliminary plan questionnaire
D. Application for preliminary plan approval
E. Final plat checklist
F. Required statements and signatures to be affixed on the subdivision plat
G. Application for subdivision variance
H. Sample subdivider’s agreement
I. Sample performance bond
J. Sample certificate of deposit
K. Sample escrow account agreement
L. Sample irrevocable documentary letter of credit
Section 2
1. Village of Wakeman construction rules and regulations.
A. AFFIDAVIT FOR CREATING A SUBDIVISION OF LAND INVOLVING FIVE (5) LOTS OR LESS
STATE OF OHIO COUNTY OF HURON ______________________________being duly sworn upon __________________________. Oath depose and say that: 1. The proposed division of land is along an existing public road and involves no openings; widening or extension of any street or road; 2. No more than five (5) lots are involved after the entire original parcel has been subdivided; 3. The property has been surveyed by a registered surveyor, and is as set forth on the accompanying sketch; two (2) copies of which shall show the following pertinent information: a. North pointer on sketch. b. Dimensions on all lines and bearings shown where necessary. c. All lines shall be labeled to aid in checking parcel descriptions, such as county lines, township line, section line, lot lines, center line, or any other line which may require identifications. d. The distance shall be shown from the point of intersection of one of the lot lines being proposed and the street it is located on. 1. Center line of cross street 2. Section line 3. Original lot line e. Sketch shall bear surveyor’s seal (R.C. 4733.14) SWORN TO BEFORE ME AND SUBSCRIBED IN MY PRESENCE THIS ______ DAY OF _______________, _______. SEAL ___________________________ NOTARY PUBLIC |
VILLAGE I hereby certify that the lot or lots being created meet all of the requirements of the Village of Wakeman Zoning Ordinance ____________________________________ Wakeman Planning Commission Review Board DATE: ______________________________ The Wakeman Planning Commission hereby certifies that the lot or lots being created are not contrary to applicable platting, subdividing, or zoning regulations. No plat is required. Subdivision Approved. ____________________________________ Chairperson, Wakeman Planning Commission DATE: ______________________________ |
SUBDIVISION REGULATIONS
B. PRELIMINARY PLAN CHECKLIST
DOES DOES NOT 1. General _____ _____ a. Transparency and nine (9) prints of plans submitted. _____ _____ b. Survey done by a registered Surveyor _____ _____ c. Engineering done by registered Engineer _____ _____ d. Adequate Preliminary Drawings of Improvements, or equally adequate statements. _____ _____ e. A legible vicinity map _____ _____ f. Drawn at 1" = 100' or larger _____ _____ g. Size of sheets 22" X 32" _____ _____ h. No ditto marks used (“) 2. Plat Details _____ _____ a. Name of Subdivision (does not duplicate another subdivision, street or business in the Village of Wakeman). _____ _____ b. Location of Section, Village, County and State _____ _____ c. Name and address of owner and engineer or surveyor preparing plan _____ _____ d. Scale of plan _____ _____ e. Date _____ _____ f. North point _____ _____ g. Location, width, centerline and names of existing and planned streets and public ways _____ _____ h. Utility r/w and easements _____ _____ i. Parks and open spaces _____ _____ j. Permanent buildings _____ _____ k. Sewer, water lines, culverts and utilities shown with sizes, depths and grades and existing easements therefor. Proposed improvements indicated. _____ _____ l. Names of adjacent subdivisions or owners of adjoining parcels. _____ _____ m. Zoning classification (plat indicated) _____ _____ n. Existing contours at an interval of not more than two feet _____ _____ o. Natural and man-made physical features shown. _____ _____ p. High water levels shown where applicable _____ _____ q. Boundary of plan indicated _____ _____ r. Layout, number and dimensions of lots _____ _____ s. Dedication or reservation of land indicated _____ _____ t. Intended uses of property _____ _____ u. Building setback lines shown and located _____ _____ v. Proposed deed restriction or statement to contrary _____ _____ w. Flood Hazard Elevation for the area to be subdivided _____ _____ x. Soil information as specified in Section 1105.04 |
C. PRELIMINARY PLAN QUESTIONNAIRE
PRELIMINARY PLAN QUESTIONNAIRE Name of Subdivision _________________ Township ____________________ Name of Owner _________________ Phone ____________________ Address __________________________________________________________ The following specific questions relating to this subdivision should be answered and this form included with the presentation of a sketch plan. This form must be included with an application for Preliminary Plan approval. a. Total number of acres in proposed subdivision:______________________ b. Total number of lots anticipated:__________________________________ c. Will new street be created?______________________________________ d. Will any additional right-of-way be dedicated along existing streets?______ e. Name of Road:________________________________________________ f. What type of storm drainage will be used? _________________________ g. Is any land other than streets to be dedicated for public use?___________ Describe: ________________________________________________ h. Streets are to be dedicated to: Public _____Use of property owners______ i. Will any natural drainage course be affected by the proposed subdivision?__________________________________________________ j. What is present use of the land? __________________________________ Contemplated use of the land ____________________________________ k. What is present zoning classification?______________________________ l. Any proposed changes in zoning classification? ______________________ m. Other Comments: _____________________________________________ ____________________________________________________________ Questionnaire prepared by: ________________________ Title: ________________________ |
D. APPLICATION FOR PRELIMINARY PLAN APPROVAL
APPLICATION FOR PRELIMINARY PLAN APPROVAL (for Village Planning Office use only) Date Received: ______________________ Application #: ________________________ Date Application accepted for Commission Action: ____________________________________ Placed on Agenda for:_______________________________________________ APPLICATION IS HEREBY MADE TO THE VILLAGE OF WAKEMAN PLANNING COMMISSION FOR APPROVAL OF THE PRELIMINARY PLAN OF THE BELOW DESCRIBED SUBDIVISION: Name of Subdivision: ________________________________________________ Name of Principal Owners: ___________________________________________ Address: _____________________________Phone: ______________________ Name of Surveyor: _________________________________________________ Address: _____________________________Phone: _______________________ Name of Engineer: __________________________________________________ Address: _____________________________Phone: _______________________ Name of Legal Representative (if any): __________________________________ Address: _____________________________Phone: ______________________ Accompanying this Application are nine (9) prints of the proposed Preliminary Plan. It is further understood by the applicant that said application for Preliminary Plan approval must meet the requirements of Sections 1105.01 through 1105.17 of the Village Subdivision Regulations, and consideration said Application is contingent upon meeting the requirements of said sections. Official filing of the application shall not be considered made until these requirements have been met, at which time the application shall be placed on the agenda by the staff of the Village of Wakeman Planning Commission. Signature of Owner or Authorized Agent: _________________________________ Date:___________________________ |
E. FINAL PLAT CHECKLIST
FINAL PLAT CHECKLIST DOES DOES NOT
1. General
_____ _____ a. Submitted within 12 months of approval or conditional approval or preliminary plan or granted extension _____ _____ b. Improvements completed or assurance given as required. _____ _____ c. Application form properly completed _____ _____ d. Plat prepared in waterproof ink on tracing cloth or other material of equal permanence at a scale or not less than 1" = 100' _____ _____ e. Sheets are 22" X 32" or less with ½” border and ½” binding _____ _____ f. Improvement plans meeting requirements of responsible officials
2. Plat Detail
_____ _____ a. Name of subdivision _____ _____ b. Locational description _____ _____ c. Owner, Surveyor, Engineer names and addresses _____ _____ d. Date and scale of plan _____ _____ e. North point _____ _____ f. Adequate survey data _____ _____ g. Names of adjoining owners or subdivisions _____ _____ h. All plat, lot lines with bearings and courses to 1/100 feet _____ _____ i. Must close within the limit of minimum standards of R.C. 4733.73 _____ _____ j. Name of streets and right-of-way _____ _____ k. Location and purpose of easements _____ _____ l. Lot and block numbers or letters _____ _____ m. Dedication of lots and purpose _____ _____ n. Excepted parcel so marked, “Not Included in this Plat” _____ _____ o. Building setback lines shown and properly located _____ _____ p. Location and description of monuments _____ _____ q. Previous lot lines in case of replat _____ _____ r. Present zoning classification _____ _____ s. Soil information as specified in Section 1105.04
3. Certifications _____ _____ a. Certificate of Surveyor and Engineer _____ _____ b. Certificate of Ownership and Dedication _____ _____ c. Certificate that all taxes have been paid _____ _____ d. Approval of Board of Health where sewer and water is not available _____ _____ e. Certificate of approval of Wakeman Council ____ _____ f. Certificate of approval of Wakeman Planning Commission _____ _____ g. Auditor’s certificate of transfer _____ _____ h. Certificate of County Recorder _____ _____ i. Certificate of installation or assurance of such by County Engineer, Board of Health or Wakeman Council _____ _____ j. Protective covenants, if any _____ _____ k. Certificate requiring future connection to a central water or sewer facility when either or both become available as determined by the Huron County Board of Health or Sanitary Engineer. _____ _____ l. Certificate of County Sanitary Engineer |
F. REQUIRED STATEMENTS AND SIGNATURES TO BE AFFIXED ON THE SUBDIVISION PLAT
SECTION 1: REQUIRED STATEMENTS TO BE AFFIXED ON THE SUBDIVISION PLAT
Situated in the Village of Wakeman, County of Huron, State of Ohio, and being of original lot number, containing and described in deed recorded in Deed Book, Page, Recorder’s Office, Huron County, Ohio.
The undersigned (set forth all parties having record legal title interest in the parcel) hereby certify that the attached plat correctly represents their ___________ “_____________________”, a subdivision of same and dedicate to public use as such, all or parts of the roads, boulevards, bul- de-sacs Parks, planting strips, etc., shown herein and not heretofore dedicated.
The undersigned further agree that any use or improvements made on this land shall be in conformity with all existing platting, health, or other lawful rules and regulations including the applicable off-street parking and loading requirements of the Village of Wakeman, for the benefit of themselves and all other subsequent parties taking title from, under or through the undersigned.
The undersigned also agree to install the drainage improvement(s) as planned and assume the cost thereof. We also agree to file a set of plans for the drainage improvements accompanied with a schedule of properties that will benefit by the drainage improvement(s) as required by R.C. §6131.63. We further agree to follow the steps as outlined in this section of the Ohio Revised Code, so that the drainage improvement(s) will be placed on the Huron County Ditch Maintenance Program.
Upon approval of the storm drainage plans and schedules for accepting the storm drainage systems for Huron County Ditch Maintenance, the owner shall deposit an amount based on a percent of the construction cost of the systems with the Huron County Auditor under the name of the improvements to establish the maintenance fund. This amount will be set forth at the hearing with the Huron County Commissioners to accept the drainage systems for future maintenance by the Huron County Ditch Maintenance Program.
The dimensions of the lots and streets are shown on the plat in feet and decimal parts thereof. Easements are reserved where indicated on the plat for public utility purposes above and beneath the surface of the ground.
IN WITNESS thereof the undersigned have hereunto set their hands this ______day of ___________, ________.
Signed: ___________________________
Witness: __________________________
Surveyed and Platted by: ___________________________________
Consulting Engineers and Surveyors
We hereby certify that we have surveyed the premises and prepare the attached plat and that said plat is correct. Dimensions on curves are chord measurements.
BY: ____________________________________
Registered Surveyor (Seal)
STATE OF OHIO
COUNTY OF HURON
Before me a Notary Public in and for said County appeared ________________________
who acknowledged the signing of the foregoing instrument to be their voluntary act and deed for the uses and purposes therein expressed.
IN WITNESS thereof, I have hereunto set my hand and affixed by official seal this _______ day of __________________, ________.
_____________________________________
Notary Public (Seal)
SECTION 2: WITHIN VILLAGE OF WAKEMAN
Approved this _____ day of __________, _______.
_____________________________________
Village Planning Commission
Approved this _____ day of __________, _______.
_____________________________________
Village Administrator
Approved this _____ day of __________, _______.
_____________________________________
Consulting Engineer
Approved this _____ day of __________, _______.
_____________________________________
Mayor
Transferred this _____ day of __________, _______. _____________________________________
Filed for Record this _____ day of __________, _______ at _____ _____ M.
Recorded this _____ day of __________, _______, in Plat Book _______, Page No. _______
_____________________________________
Huron County Recorder
G. APPLICATION FOR SUBDIVISION VARIANCE
VILLAGE OF WAKEMAN PLANNING COMMISSION APPLICATION FOR SUBDIVISION VARIANCE Date: _________________________ Application #: ____________________ Name: ____________________________________________________________ Address: __________________________________________________________ Phone: _______________________ Township: ______________________
1. Location Description: __________________________________________ ____________________________________________________________
2. Nature of Variance Requested: Describe generally the nature of the variance:____________________________________________________
3. Justification of Variance: One a separate sheet, please attach a statement explaining why the variance from requirements of the subdivision regulations is requested. Include such items as: a. Exceptional topographical or other conditions peculiar to this parcel of land; b. Why a strict interpretation of the regulations would deprive the applicant of right enjoyed by other property owners; c. That the peculiar conditions do not result from previous actions of the applicant; d. That the requested variance is the minimum variance that will allow a reasonable division of the land; e. A sketch of the area showing the location and characteristics of the requested variance. I hereby certify that all information contained in this application and its supplements is true and correct. __________________ _____________________________________ Date Signature
(for official use only) Date Received:___________________ Action: ________________________ Fee Due: ___________________ |
H. SAMPLE SUBDIVIDER’S AGREEMENT
This agreement, executed on this _____ day of __________, _______, by and between (name of developer) the Subdivider, as evidenced by the Plat and Village of Wakeman Council of Huron County, Ohio, is governed by the following conditions and consideration, to wit:
Said subdivider shall cause no private construction of permanent buildings to be made on the lands within such plat until street construction is started with the approval of the village administrator and all applicable permits are obtained. No house may be occupied until all improvements are accepted unless otherwise allowed by the Planning Commission, Wakeman Village Council.
Said subdivider shall construct, install or otherwise make all improvements shown and set forth to be done and performed by the engineering drawings and specifications, all of which are a part of this agreement. The subdivider shall pay the entire cost and expense of the required improvements.
Prior to consulting engineer and the Mayor’s signature on the final plat, the subdivider shall execute a performance surety equal to 110% of the estimated cost of the public improvement (street, storm sewer, sanitary sewer and water lines and appurtenances) to the satisfaction of the Village of Wakeman Council the sum of money estimated to be necessary to pay the cost of inspection. 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 Village Council to be necessary. Upon completion and acceptance of the improvement, any unexpended balance remaining from such deposit or deposits shall be refunded. (All checks may be made payable to the Village of Wakeman Fiscal Officer, Huron County)
The subdivider shall hold Huron County, the Village of Wakeman Planning Commission, Village Administrator, Planning Commission Review Board, Village Council, Planning Commission, Board of Appeals and the Consulting Engineer free and harmless from any and all claims for damages of every nature arising or growing out of the construction of such improvements, and shall defend, at his or their own cost and expense, each and every lawsuit brought against (Village officials, Village Planning Commission, and Consulting Engineer). Engineer by reason thereof until the improvement has been accepted by the consulting engineer, the Village Council, and the Village of Wakeman Planning Commission.
All work is to be performed within the period of two years from the date of this agreement, which is hereby fixed by said Village as a reasonable period, but an extension of time may be granted if approved by the Village.
The subdivider further agrees that any violation of noncompliance with any of the provisions and stipulations of this agreement shall constitute a breach of contract and the Village Planning Commission, with the approval of Village of Wakeman Council shall have the right to stop the work forthwith and use the surety to complete the work.
This agreement shall be binding on the subdivider and his or her personal representatives, heirs and assigns.
In consideration whereof, the Village of Wakeman Council hereby grants the subdivider or his agent the right and privilege to make the improvements stipulated herein.
Witnessed by: (Name of Developer)
____________________________ ________________________________
Developer
____________________________ ________________________________
Developer
VILLAGE OF WAKEMAN COUNCIL
OF HURON COUNTY, OHIO.
_____________________________ _________________________________
_____________________________ _________________________________
_____________________________ _________________________________
I. SAMPLE PERFORMANCE BOND
KNOWN ALL MEN BY THESE PRESENTS:
That, We ____________________________________ as Principal and _______________________ as Surety, are held and firmly bound unto the Village of Wakeman Council, County of Huron and State of Ohio, in the sum of ______________ ($ _____________) Dollars, lawful money of the United States, for the heirs, executors, successors and assigns, jointly and severally, firmly by these presents.
The condition of the foregoing obligation is such that:
WHEREAS, said Principal will make the following improvements. All public improvements and other work as set forth to be done and performed in accordance with the plans, specifications and provisions of the contract executed between said Principal and the Village of Wakeman Council for the development and improvements in _______________________________ Subdivision, Village of Wakeman, Huron County, Ohio.
NOW, THEREFORE, if the said Principal shall fully and faithfully perform all the work specified to be done and performed by the contract executed between the Principal of this Board and in accordance with the plans, specifications and provisions therefore, to which reference is here made, the same being a part thereof, as if fully incorporated herein; then this obligation shall be void, otherwise to remain in full force and effect in law; it being expressly understood and agreed that the liability of the surety for any or all claims hereunder, shall on event exceed the penal amount of this obligations, as herein stated.
This said Surety hereby stipulates and agrees that no modifications, omissions or additions, in or to the terms of said contract or in or to the plans or specifications therefore or any extension of time, shall in any way affect the obligations of said surety on its bond.
WITNESS OUR HANDS THIS _____ DAY OF __________, ________.
PRINCIPAL _______________________________________________
SURETY __________________________________________________
BY _______________________________________________________
J. SAMPLE CERTIFICATE OF DEPOSIT
Village Council Wakeman, Huron County, Ohio 44889 Re: Certificate of Deposit (amount) (Name of Subdivision) Gentlemen: At the request of (name of developer), we are holding certificate no. __________ in the amount of $ _____________. We understand the purpose of this deposit of $ _______________, is to further assure the Village of Wakeman Council that the streets and storm sewers in (the/this phase of) construction for (name of subdivision), located in Huron County, Ohio, will be satisfactorily and faithfully performed; also that this method of deposit is being used in lieu of (name of developer), and until the (name of developer) has faithfully discharged its obligations. When this subdivision is released, please notify us by letter. Yours Truly, Signed: (authorized officer of bank) |
K. SAMPLE ESCROW ACCOUNT AGREEMENT
Village of Wakeman Council Wakeman, Huron County, Ohio 44889 Re: (Development) Gentlemen: At the request of ________________________ Development Corporation, we are holding escrow funds under our custody in the amount of $ ____________ is to assure the Village of Wakeman, of Huron County, Ohio that the installation of streets, storm sewers, sanitary sewers, and water lines located in the Village of Wakeman, Huron County, Ohio will be faithfully and satisfactorily installed; also, that this escrow agreement will be used in lieu of giving a performance bond. The escrowed funds will be held by us and disbursed to the Contractor monthly on the basis of 90% of the estimate of completion by the Contractor and approved by the Village Engineer and the Wakeman Village Council. The final 10% will be dispersed upon acceptance of the subject improvements by the Wakeman Village Council of Huron County, Ohio. Developer and Bank do hereby acknowledge and agree that the Village of Wakeman of Huron County, Ohio, is a third party beneficiary of this agreement and that said Board shall be authorized and empowered to sue for specific performance and/or damages in the event of breach of any terms and conditions of this agreement. APPROVED: By ___________________________ By ____________________________ Developer Title By _______________________________ Contractor By _______________________________ Village Engineer By _______________________________ Village of Wakeman Council President |
L. SAMPLE IRREVOCABLE DOCUMENTARY LETTER OF CREDIT
______________________________ __________________ (Name of Bank) (Date) ____________________________________ (advising bank) BENEFICIARY: APPLICANT VILLAGE OF WAKEMAN ________________________ WAKEMAN, OHIO 44889 (subdivider) EXPIRATION DATE FOR NEGOTIATION/PRESENTATION ____________________________________ AMOUNT: ____________________________________ Dear Sirs: We hereby issue in your favor this documentary letter of credit which is available by negotiation of your draft(s) at sight drawn on $ __________________ U.S. bearing the clause “Drawn under documentary credit no. _____, _____________” accompanied by the following documents: (bank) Beneficiary’s signed statement that ___________________ has failed to perform. (subdivider) Properly under terms of its agreement with Village of Wakeman, OH relative to improvements of _________________________. (subdivision improvements) We hereby engage with the bonafide holders of all drafts drawn or documents presented under an in compliance with the terms of this letter of credit that such drafts or documents will be duly honored upon presentation to us. The amount of each drawing must be endorsed on the reverse side of this letter of credit by the negotiating bank. Yours faithfully, ____________________________________ _______________________________ (bank name) (Signature) |