(a) Easement Along Streams. Whenever any stream or important surface drainage course is located within the area being subdivided, the subdivider shall provide a permanent easement dedicated to the proper authority for the purpose of widening, deepening, relocating, improving or protecting the stream for drainage of public use. The width of such easement shall be as determined by the Village Engineer.
(b) Land Subject to Flooding or Containing Poor Drainage Facilities. The right is reserved to disapprove any subdivision which is subject to periodic flooding or which contains extremely poor drainage facilities. The 100-year flood plain, floodway elevations and contours shall be shown on the preliminary drawings. However, if the subdivider agrees to make such improvements as will make the area completely safe for residential occupancy, the subdivision may be approved, subject, however, to approval of the Village Engineer and Planning Commission.
(c) Parks and Open Spaces.
(1) Due regard shall be shown for preserving outstanding scenic, historic and cultural features as determined by the Planning Commission.
(2) If a subdivider divides ten or more acres in a subdivision, the Village shall require one of the following options:
A. Where parcels are greater than thirty acres, the developer will dedicate a minimum of five percent (5%) of the net area of the subdivision as open space. The dedicated area shall meet with the approval of the Park Board or, where parcels are less than thirty acres or where the Planning Commission determines that it would prefer, the developer shall:
B. Donate a fee equivalent to five percent (5%) of the fair market value of the land for acquisition of open space and recreation purposes.
(3) If adjacent land is subdivided, the sum of all areas subdivided after adoption of the revisions to the Subdivision Regulations, will form the total acreage of the subdivision.
(4) Any lands that have been dedicated to open space purposes through this program may be transferred to suitable public park agencies, non-profit homeowners' and renters' associations or the Sandusky County Board of Park Commissioners, at the discretion of the Planning Commission, subject to acceptance by the receptive agency, with the provisions that the recipient agency shall be responsible for the maintenance appropriate to the designated lands.
(Ord. 22-93. Passed 11-15-93.)