Granville Community Calendar

Ordinance 44-1993

ORDINANCE NO. 44-93
1-
BY: Ure)t/y
AN ORDINANCE TO AMEND ORDINANCE NO. 49-92 PROVIDING FOR
ADJUSTMENTS OF THE ANNUAL BUDGET FOR THE FISCAL YEAR
1993 AND REVISING SUMS FOR OPERATING EXPENSES.
WHEREAS, pursuant to the provisions of Section 2.08 of Article 11 of the Charter
of the Village of Granville, Ohio, the Village Council is authorized to adopt the
Municipal budget for the fiscal year beginning January 1, 1993 and ending December
31, 1993, and;
WHEREAS, the Manager has recommended appropriations to supplement
previously made appropriations.
NOW, THEREFORE, Be it ordained by the Council of Granville, Ohio, that:
Section I:
Section 11:
Account No.
Al -4-F-230
Al -6-A-230
Section 111:
Account No.
E 91-5-260
The annual budget of the Village of Granville, as established by
Ordinance No. 49-92, be amended by the Council, as recommended by
the Manager, and is hereby adopted.
To provide for Operating Expenditures in the Capital Improvements Fund
during the fiscal year ending December 31, 1993, the following
appropriations are hereby made in the Capital Improvements Fund:
Account
Contractual Services -
Old Colony Burying Ground.
Contractual Services -
South Main Street Plan Upgrade
Add
7,000
3,500
To provide for Operating Expenditures in the Water Capital Improvement
Fund during the fiscal year ending December 31, 1993, the following
appropriations are hereby made in the Water Capital Improvements Fund:
Account
Legal Services -
Water Bond
Add
3,600
Section IV: This Ordinance shall take effect and be in full force upon the earliest date allowed by law.
Passed this 15b+ day of e-e£be,;r 1993.
OLLAr-qLib Clerk of Council
Approved845 or*m:
5i<d <R j(Ls 7 Law Djpector
Mayor
BRYN DU WOODS
PROTECTIVE COVENANTS
PHASE IV
Article 1 . Additional Definitions
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Unless the context otherwise specifies or requires, as used in this deed the following terms
shall have the meanings specified:
§ 1.01 Association: means BRYN DU WOODS ASSOCIATION, INC.,a non-profit Ohio
corporation, the members of which shall be each person, firm or corporation who becomes an
Owner.
§ 1.02 Board: shall mean the Board of Trustees or other governing body of the
Association.
§ 1.03 Bryn Du Woods:shall mean the residential community being developed and to be
developed on the Property.
§ 1.04 Building: shall mean a roofed and walled structure, together with all projections
and extensions thereof, including, but not limited to, garages, porches, canopies, shelters and storage areas.
§ 1.05 Common Property:shall mean those areas of the Property designated as such
pursuant to the provisions of §3.01 of these Protective Covenants and all buildings and improvements now or hereafter situated thereon.
§ 1.06 Developer shall mean the Grantor, Granville Golf Course Company, during such
periods as the Grantor is the record holderof the fee simple title to any part of the Property and shall mean the Association at all other times.
§ 1.07
§ 1.08
Front:shall mean the side facing the street.
Improvements: shall mean and include, without limitation, buildings, Outbuildings,
roads, driveways, parking areas, fences, retaining walls, swimming pools, screening walls, ornamentation, signs, stairs, decks, hedges, wind-breaks, plantings, planted trees and shrubs, poles and all otherstructures and landscaping, and each of the foregoing shall constitute an Improvement".
§1.09 Lot: shall mean a part of the Property which constitutes a single parcel for purposes of real estate taxation ortwo or more of such parcels which are contiguous,are commonly owned and collectively constitute a single residential building site.
§ 1.10 Owner:shall mean the holder or holders of record of the fee simple title to a Lot.
§ 1.11 Property:shall mean and include the following:
1) At the time of the execution hereof, the term P"roperty"shall mean the real eprreocpteerdty described in this deed and all presently existing Improvements built, installed or thereon;
2)From and after the building, installation orerection of each Improvement upon tIhmeprroeavlempreonpte;rty described in this deed,the term P"ropertys"hall also include each such
3) From and after each addition to the real property described in this deed,
pursuant to Article 7 hereof, the term "Property"shall also include each such additional
parcel of land and each Improvement existing thereon; and
4) From and after the building, installation or erection of each Improvement on
each additional parcel of land referred to in subparagraph (3)above, the term "Property"
shall also include each such Improvement.
§ 1.12 Resident:shall mean and include each person lawfully residing on any Lot and the
members of the immediate family of each such person actually residing in the same household.
Article 2 -Association Purposes and Membership,
Fees, Dues and Lien
§2.01 Purposes:The purposes of the Association shall be to acquire the fee simple title
to real property for the common use, benefit or enjoyment of its members, whether or not the same
shall be designated as Common Property; to improve, maintain and keep the same open, in repair
and free from nuisance and in a clean and sanitary condition and to pay the public taxes and
assessments thereon; to review, evaluate, approve and disapprove proposed plans for
Improvements to be constructed on the Property, to maintain and preserve the Bryn Du Woods
Design Standards (hereinafter defined)and to enforce the provisions of these Protective Covenants;
to determine what fees and dues shall be paid by its members, the amounts thereof and when the
same shall be due and payable; to promote, conserve and maintain the health, safety, welfare,
convenience, comfort and enjoyment of the Owners and Residents; to provide for the acquisition, construction, management, maintenance and care of "Association property", as said defined term is in present Sec. 528 of the United States Internal Revenue Code or may hereafter be defined in any amendment or replacement of said section; and, in carrying out the foregoing provisions to purchase, lease, exchange, acquire, own, hold,mortgage, pledge, hypothecate, borrow money upon, sell, dedicate to public use and otherwise deal in and with real and personal property of every kind, character and description, and any and all estates and interests therein and otherwise to do all things permitted by law.
§2.02 Members: The members of the Association shall be each person, firm or corporation who becomes an Owner. Each member shall be entitled to one vote on each matter properly submitted to the members for their vote, consent, waiver, release or other action for each Lot owned by such member. If, however, one Lot is owned by two or more members, such members collectively shall have but one vote for such Lot.
§2.03 Fees and Dues:The Board shall determine what fees and dues shall be paid by the members, the amounts thereof and when the same shall be due and payable, but all such fees and dues shall be apportioned equally on a per Lot basis among all members. All such fees and dues shall be used by the Association, without profit,solely in carrying out its purposes set forth herein and in its Articles of Incorporation and shall not exceed the Maximum Amount per Lot per calendar year unless the same shall have been approved by members entitled to exercise not less than a majority of the total voting power of the members.The M" aximum Amount"for each calendar year, as used herein, shall mean the greater of One Hundred Dollars(1$00)orasum of money having, as of January of that calendar year, a purchasing power equal to One Hundred Dollars 1(0$0)January, 1987, which sum shall be determined by increasing or decreasing One Hundred Doalslarosf 100)by the same percentage by which the Consumer Price Index for All Urban Consumers A( ll- Items, U.S.City Average)published by Bureau of Labor Statistics of the United States Department of Labor for January of such year has increased ordecreased in comparison with such Index(using the rseafmereenrceeference base)for January, 1987. If publication of such Index is discontinued or if the bases are so changed that such Index no longer fairly represents changes in consumer prices from those as of January, 1987, adjustments in the Maximum Amount for any calendar year shall be made in accordance with such other index as will fairly reflect such changes.
§2.04 Personal Liability and Lien. Such fees and dues as become due and payable by a
member at any time during his period of membership shall be a personal obligation of such member
and, in addition, shall be a charge upon the Lot or Lots owned by such member,and the Association
shall have a lien on such Lot or Lots to secure the payment of all such fees and dues subject only to
lien of public authority for taxes and assessments and the lien of any first mortgage.
Article 3 · Common Property
§3.01 Designation of Common Property: The Grantor intends to convey to the
Association, subsequent to the recordation of this Deed and subsequent to the reconveyance of the
Property to the Grantor, one or more tracts of land within the Property for park and recreational
purposes. Upon designation by the Association of any part of the Property owned by it as Common
Property, the Association shall cause a declaration stating that such land has been so designated to
be recorded among the records of the Recorder of Licking County,Ohio. No part of the Property shall
be Common Property subject to the rights and easements of enjoyment and privileges hereinafter
granted unless and until the same shall have been so designated and the above described
declaration shall have been filed in accordance with the foregoing procedures. Common Property
shall remain such in perpetuity, subject only to the provisions of §3.06.
§3.02 Use of Common Property:Each Owner shall have a right and easement of use and
en' joyment in the Common Property in common with the other Owners. Such right and easement
shall be appurtenant to each Lot and shall not be transferable except as they shall automatically
transfer with the transfer of the ownership of the Lot. Each Resident shall have a non-transferable
privilege to use and enjoy the Common Property in common with the other Residents. For purposes
of this Article 3 only, the terms " Owner"and "Resident"shall also include the employees, guests,
invitees, and tenants of any Owner or Resident, if and to the extent the Association, in its absolute
discretion, so directs. All such rights, easements and privileges in this §3.02 set forth, however, shall
be subject to the further provisions of this deed and the right of the Association to promulgate and
adopt reasonable rules and regulations pertaining to the use of the Common Property, which in the
sole discretion of the Association will serve to promote the safety and convenience of the users of
the Common Property and will be in the interests of the Owners and Residents and Bryn Du Woods
as a whole, including, without limitation on the foregoing, making the Common Property available
for use by churches, school boards, other community and civic organizations, and the community at
large, with or without charge.
§3.03 Authority to Charge Admission and Other Fees: The Association shall have the
power and authority to charge Owners, Residents and other users of the Common Property, or any
one or more of the foregoing, reasonable admission, use, or other fees in connection with the use of
the Common Property. In establishing such admission and other fees, the Association may, in its
absolute discretion, establish reasonable classifications of Owners, Residents and of members of
the community at large. Such admission and other fees must be uniform within each such class, but
need not be charged to all classes or be uniform from class to class.
§3.04 Authority to Borrow Funds:The Association shall have the power and authority to
borrow money for the purpose of improving the Common Property and, in aid thereof, to mortgage
the same, and the rights of any such mortgage shall be superior to the easements and privileges
herein granted and assured.
§3.05 Suspension of Right to Use Common Property: The Association shall have the
power and authority to suspend the right of any Owner (and the privilege of each Resident claiming
through such Owner)of use of the Common Property for any period during which any fee or charges
payable by such Owner to the Association, or any installment thereof, remains overdue and unpaid
by such Owner, or in connection with the enforcement of any condition, covenant, restriction or
agreement imposed by this deed, of any rules or regulations relating to the use of such facilities in
accordance with the provisions of this Article 3, or of any condition, covenant, restriction,
agreement, rule or regulation relating to the use of any portion of the Property.
§3.06 Authority to Convey Common Property: Notwithstanding the rights, easements
and privileges granted under this Article 3, the Association shall nevertheless have the power and
authority to convey or dedicate any property or an ease,ment or right of way over any property
referred to in §3.01 hereof free and clear of all such rights, easements and privileges if such
conveyance or dedication is for a public purpose or to a public or private utility for the installation,
operation and maintenance of utility services. Any such conveyance or dedication for a purpose
other than the installation, operation and maintenance of utility services shall be made only if it is
authorized by the affirmative vote of members of the Association entitled to exercise not less than a
majority of the total voting power of the members present in person or presented by proxy at a
meeting (annual or special)called for such purpose.
Article 4 . Administration and Approval Requirements
§4.01 Bryn Du Woods Design Standards: The Developer has established, will establish
and will hereafter maintain and preserve specific architectural guidelines and standards to carry out
the intent of these Protective Covenants, which guidelines and standards from time to time in effect
with respect to all or any portion of the Property shall hereafter be referred to as the " Bryn Du Woods
Design Standards".In establishing the Bryn Du Woods Design Standards, the Developer has
implemented and will implement design concepts which will provide for the combining of good
design with respect for the natural environment, the blending of buildings into the landscape, the
establishment of consistent design and logical relationships to buildings, requiring the size, scale
or character of a building to be compatible with neighboring structures, disturbing a minimum of
existing grades and contours, utilizing as exterior building materials natural materials such as
wood, brick, stone and tile and utilizing as exterior colors earth tones (browns, tans, dusty greens,
warm grays and rusty reds)which will blend well with the trees, meadows and natural environment.
However,white is permitted.
§4.02 Developer' s Actions:The Developer will exercise its best judgment to see that all
Improvements on the Property conform to Bryn Du Woods Design Standards as to external design,
quality and types of construction, materials, colors, setting, height, grade, finished ground
elevation, landscaping and tree removal. The actions of the Developer, through its approval disapproval of plans, specifications or and other information submitted pursuant hereto, shall be conclusive and binding on all interested parties.
§4.03 Requirement of Approval: No improvement, change, construction, addition, excavation, landscaping, tree removal, or other work or action which in any way alters the exterior
appearance of any part of the Property from its natural or improved state shall be commenced or continued until and unless plans and specifications for the same shall have been approved in writing by the Developer.Approval shall be requested by submission to the Developer of such plans and specifications, in duplicate, showing the following:
a) Existing and proposed land contours and grades;
b)All Buildings, and other Improvements, access drives, and other improved areas, and the locations thereof on the site;
c) All landscaping, including existing and proposed tree locations and planting areas a(nd specie thereof),mail boxes, and exterior ornamentation;
d)wPlaalnlss; for all floors, cross sections and elevations, including projections and winge)
Exterior lighting plans;
f) Walls, fencing, and screening;
g) Patios, decks, pools; and porches;
h)Signs and parking areas;
i) Samples of All exterior material, including proposed colors, must be submitted to the
Developer, and
j) Such other information, data, and drawings 'as rhay be reasonably requested by the
Developer.
Specifications shall describe types of construction and exterior materials to be used,
including, without limitation, the colors and manufacturers thereof.
§4.04 Governmental Regulations:Each part of the Property is subject to all present and
future applicable laws, ordinances, rules, regulations and orders of the United States Government,
the State of Ohio, Licking County, the Village of Granville, and any other political subdivision having
jurisdiction and any administrative agency of any of the foregoing. Nothing herein shall be
construed as permitting any action or condition prohibited by such applicable laws, ordinances,
rules, regulations and orders. In the event of any conflict between any such applicable laws,
ordinances, rules, regulations and orders of these Protective Covenants, the most restrictive
provisions of each shall govern and control.
§4.05 Basis of Approval:Approval shall be based, among other things, upon conformity
and harmony of the proposed Improvements with other Improvements in Bryn Du Woods;the effect
of the location and use of the proposed Improvements on neighboring property; and conformity of
the proposed Improvements to the purpose and general intent of the Bryn Du Woods Design
Standards and these Protective Covenants.
§4.06 Failure to Approve or Disapprove: If the Developer fails either to approve or
disapprove the plans and specifications for any proposed Improvements within thirty (30)days after
the same have been delivered to the Developer either personally or by certified mail, it shall be
presumed that the Developer has approved said plans and specifications.
§4.07 Liability Relating to Approvals:Neither the Grantor nor the Association nor any of
their respective officers, directors, trustees, agents, employees, shareholders liable to or members shall be anyone by reason of mistakes in judgment, negligence or nonfeasance arising out of or in connection with the approval or disapproval or failure to approve plans and specifications. Each
person orentity who submits plans and specifications to the Developeragrees, by the submission of such plans and specifications, that he or it will not bring any action or suit against the Grantor,the Association or any of their respective officers, directors, trustees, agents, employees,shareholders
or members for damages resulting from any such mistake in judgment, negligence or nonfeasance.
§4.08 Requirement of Completion; Notice of Completion; Non.Compliance or Non. Completion:An Owner shall cause any Improvement in or to the Property to be diligently pursued to completion within twelve months of the commencement of construction. Upon the completion of any Improvement, the person or entity who completed the same may file with the Developer a notice of completion and compliance which shall give rise to a conclusive presumption in favor of such person or entity and any Owner of the part of the Property on which the Improvement is located and any encumbrancer acting in good faith and for value that said Improvement is completed and in compliance with all provisions of this Article 4 and the construction requirements of Article 5, unless within thirty 3(0)days of said filing the Developer gives actual notice of non-compliance or non-completion. Notice of non-compliance or non-completion will be considered to be delivered when it is posted on or about the Improvement in question. In the event any Improvement in the Property is, by virtue of this §4.08, conclusively presumed to be completed and in compliance with all provisions of this Article 4 and the construction requirements of Article 5, such person or entity and any such Owner and any such encumbrancer may at any time request in writing that the Developer issue a certificate certifying that said Improvement is completed and in compliance with all provisions of this Article 4 and the construction requirements of Article 5,which certificate shall be issued by the Developer within fifteen 1( 5)days of its receipt of written request therefor, and which certificate shall be conclusive evidence that said Improvement is completed and in compliance with all provisions of this Article 4 and the construction requirements of Article 5.
Article 5 - Land Use
§5.01 Restrictions as to Use of Lots and Size, Height and Location of Buildings: Reserve
A of Bryn Du Woods (Phase I)shall be used only for storm water ponding and drainage and, for park
and recreational purposes. Lots Nos. Ninety-Nine (99)through One Hundred Fifty-Five (155),both
numbers inclusive, of said subdivision shall be used only for private residential purposes and
purposes incidental thereto, and no such lot shall be subdivided without the written consent of the
Developer endorsed on the instrument or plat effecting such subdivision. Not more than one
dwelling house for a single, private family and buildings and structures accessory thereto shall be
erected on any such lot.
Each one-story dwelling house shall have a minimum living floor area of 2,500 square feet.
Each one and one-half-story dwelling house shall have a minimum living floor area on the main or
ground floor of 1,500 square feet. Each two-story dwelling house shall have a minimum living floor
area on the main or ground floor of 1,300 square feet. Dwelling house shall have a minimum finished
living floorarea of less than 2,500 square feet. In computing floorareas, basements, attics, garages,
garage spaces, porches and decks shall be excluded.
No Building may be constructed on the Property having a height greaterthan thirty-five (35)
feet measured from the finish grade of the Property at the main entrance of the Building to the ridge
of the roof or to any other element of the Building (excluding chimneys, flues, and vents).
No Building, wall, fence or other structure shall be constructed, placed or maintained on
any Lot nearer to a perimeter boundary line of such Lot than the building setback line applicable
thareto set forth on the recorded subdivision plat containing each Lot. No Building shall be
constructed, placed or maintained on any Lot nearerthan ten (10)feet toany perimeter boundary line
of such Lot to which a platted building setback line is not applicable.
§5.02 Temporary Improvements:No temporary building or structures shall be permitted
on any Lot, provided, however, trailers, temporary buildings, barricades and the like shall be
permitted for construction purposes during the construction period of a permanent Building, if the
Developer shall have theretofore approved in writing the design, appearance, and location of the
same. All such trailers, temporary buildings, barricades and the like shall be removed not later than
fourteen (14)days after the date of completion of the Building(s)for which the same were permitted,
and shall be permitted on a Lot for no longer than a period of one (1) year, unless a variance is
granted by the Developer.
§5.03 Antennas: No antenna for transmission or reception of television signals other form or any of electromagnetic radiation shall be erected, used or maintained on the Property outside
tahney Building, whether attached to an Improvement or otherwise,without the prior written approval of Developer.
§5.04 Utility Service: No lines, wires or other devices for communication purposes, including telephone, televisions, data and radio signals, or for transmission of electric current or energy, shall be constructed, placed or maintained anywhere in or upon the Property unless the same shall be in or by conduits or cables constructed, placed and maintained underground or concealed in, under or on Buildings, or other approved Improvements; provided, above ground electrical transformers and other equipment may be permitted if properly screened and approved by the Developer. In addition, all gas, water, sewer, oil and other pipes for gas or liquid transmission shall also be placed underground or within or other Buildings. Nothing herein shall be deemed to forbid the erection and use of temporary powerortelephone services incident to the construction of approved Improvements. All service entries and conduits shall be painted to blend with the Building they serve. No window air-conditioners shall face any street or the Golf Course. All air-conditioning cnoenigdhebnosreinrsg and other mechanical equipment shall be permanently screened from any street, properties and the Golf Course.
§5.05 Site Placement:All Buildings and other Improvements shall be placed so that the existing topography and landscape shall be disturbed as little as possible, and so that the maximum number of desirable trees and other natural features will be preserved. Trees in natural areas shall be protected by a temporary fence during construction. Retaining walls, mounding, and stepping of
slopes shall be utilized as much as possible to keep the natural appearance of the site. Graded
portions of Lots outside the building area shall be kept at existing grade or shaped not to exceed a
four to one slope. Storm water from Buildings and pavement shall be carried away by pipe or swale
to the nearest storm sewer or natural waterway.
§5.06 Parking, Loading and Unloading Areas: Adequate off-street parking must be
provided for all residential units. Specifically, each single-family dwelling house must have at least
a two-car covered and enclosed garage, plus additional off-street parking for at least two cars. As
used herein, c"ar"shall mean a full-sized automobile, as opposed to a compact or subcompact
automobile.
§5.07 Service Screening, Storage Areas: Garbage and refuse shall be placed in
containers, which shall be concealed and contained within Buildings, or shall be concealed by
means of a screening wall of materials similar to and compatible with that of the Building or
Buildings on the Lot, or shall be concealed by sufficient landscaping to provide a permanent screen
at all times of the year. These elements shall be integrated with the Building plan, be designed so as
not to attract attention, and shall be located in such an inconspicuous manner as is reasonably
possible. Unless specifically approved by the Developer in writing, no materials, supplies or
equipment shall be stored on the Property except inside a closed Building, or behind a visual barrier
screening the storage areas so that they are not visible from neighboring streets or properties. Metal
storage sheds and other prefabricated out-buildings are not permitted.
§5.08 Streets, Drives, Curbs and Walks: Streets, drives, curbs and walks shall be
constructed or altered only in accordance with plans and specifications submitted and approved in
writing by the Developer. All drives and parking areas shall be paved. No gravel or stone drives or
parking areas shall be permitted. No drive or parking area shall be constructed or maintained on any
Lot nearer than five feet to any perimeter b6undary line that is not coincident with a street right-ofway
line.
§5.09 Storage Tanks: No storage tanks, including, but not limited to, those used for
storage of water, gasoline, oil, other liquids or any gas, shall be permitted on the Property outside a Building except as approved by the Developer.
§5.10 Building Exteriors: All windows, porches, balconies and the exteriors of Buildings
shall at all times be maintained in a neat and orderly manner.No clotheslines orotheroutside drying
or airing facilities shall be permitted. Finish building materials shall be applied to all sides of the
exteriors of Buildings. Exterior colors shall be harmonious and compatible with colors of the natural surroundings and other adjacent Buildings. However, white is permitted. Roofs shall have a minimum pitch of six/twelve. Roof coverings shall be of approved twenty-five year asphalt shingles, wood, metal, slate or tile. White roofs are prohibited. Gutters (except copper),fascias and rake boards shall be stained or painted to blend with the roof. Downspouts (except copper)shall be painted to blend with the Building's exterior colors. Roof ends, fans, vents and flashing (except dopper)shall be painted to match the roof. All sides of a building shall be detailed and finished in a similar fashion and no more than three materials shall converge at any point on a Building. If a material is not used on the front of the building in a significant quantity, a(s determined by the developer)then it cannot be used on the other sides of the building. All window frames shall be of wood or wood clad and all four sides the same. Awnings shall not be used unless they are cloth type and blend with the Building's exterior colors. Aluminum storm and screen doors may be used only if their finish blends with the Building's exterior colors. Aluminum and vinyl siding are prohibited. Garage doors shall blend with the Building of which they are a part, of one color and be of wood or wood-based material. Artificial stone may not be used except on chimneys. All chimneys must be faced on the outside with stone, artificial stone, thin brick or brick. Stucco must blend with natural earth colors and shall not be applied to more than forty percent 4( 0%of )the exterior surface of the structure. Above ground portable pools shall not be installed. Inground swimming pools shall be visually screened from all four sides of the Lot and the location shall be approved by the Developer. Basketball bankboards shall not face any street and shall be screened or painted to match the Building's exterior colors. All outdoor lighting shall be positioned so as not to disturb neighboring property owners.Open-bulbed lanterns with direct glare may not be used. The Developer will specify aPrsotpaenrdtya.rd design mail box, and no other visible mail box shall be placed or maintained on the
§5.11 Outdoor Activities: Outdoor hobbies or activities that tend to detract from the
aesthetic character of the Property, and Improvements used in connection with such hobbies or
activities, shall not be permitted unless carried out or conducted as directed by the Developer.This
paragraph has reference to, but is not limited to, such activities as automotive and boat repair and
sporting activities involving equipment placed on the property.
§5.12 Fences:Fences shall be built from stone, wood, brick or plantings and shall range
in height from a minimum of two feet 2( ')to a maximum of six feet 6( ')E.xcept for fences existing at
the time of the execution of this deed along perimeter boundary lines of the Property which divide
the Property from other real property, no chain link or wire fencing shall be constructed, placed or
maintained anywhere in or on any part of the Property which is visible from any surrounding part or
parts of the Property except property abutting the Property.
§5.13 Signs: No signs whatsoever (including, but not limited to, commercial, political
and similar signs)shall be erected or maintained on the Property except:
a) Such signs as may be required by law;
b) One sign at·any one time carrying the legend " For Sale"or "For Lease";
c) Political signs may be displayed for a period of time as per Granville Village code.
d) Signs supporting student school activities may be displayed with specific permission
by the Board of Trustees of the Bryn Du Woods Association, Inc.
N6 sign shall have an area greater than three square feet.
§5.14 Landscaping: Each part of the Property which shall have been altered from its
natural state existing at the time of the execution of this deed shall be landscaped according to
plans approved by the Developer. All shrubs, trees, grass and plantings of every kind shall be kept
well-maintained, properly cultivated and free of trash and other unsightly materials. Landscaping
shall be installed no later than one hundred eighty (180)days following occupancy of or completion
of the construction of any Building, whichever occurs first.
§5.15 Condition of the Property and Nuisances: Each part of the Property and all
Buildings, structures, appurtenances, screening, fences, parking areas, driveways, walks, landscaping and other Improvements of whatever nature thereon shall be maintained at all times in
a safe, clean and wholesome manner and in first class condition and repair, replacements being
made if necessary. No rubbish or debris of any kind shall be placed or permitted to accumulate
upon, and no odors shall be permitted to arise or be emitted from, any part of the Property so as to rendersuch part unsanitary or unsightly,offensive ordetrimental to any other part of the Property or the occupants thereof. No exterior lights, the principal beam of which shines upon portions of the Property other than the Lot upon which they are located, or which otherwise cause unreasonable interference with the use and enjoyment of any other part of the Property by the occupants thereof, and no speakers, horns, whistles, bells or other sound devices, shall be located, used or placed on the Property, except security devices used exclusively for security purposes which are activated only in emergency situations or for testing thereof. During construction, each Owner of his or its contractors shall at all times be responsible for keeping his or its Lot and adjoining premises free from the accumulation of waste materials and rubbish, and shall keep streets and driveways clear of mud caused by the construction operations. If any Lot is not being maintained as required, Developer may give its Owner written notice of such fact, and if the Owner fails to comply with this provision within fifteen (15)days after such written notice o( r within a longer period of time if the required work cannot reasonably be completed within fifteen (15)days and if the required work is commenced within said fifteen 1( 5)day period and thereafter is continued with due diligence and dispatch),Developer shall have the right to enter upon the Lot and perform the required maintenance or repairs at the expense of the Owner.Developer shall give written notice of the cost of such maintenance or repairs to the Ownerand such cost shall be reimbursed by the Owner to the Developer within ten (10)days after the date of such notice.
§5.16 Right of Entry: Developer and its representatives shall have the right, during
reasonable hours, to enter upon and inspect any part of the Property and any Building, whether prior
to, during, or after the completion of the construction of any Improvement or Building, for purposes
of determining whether or not the provisions of these Protective Covenants are being complied with
and exercising all rights and powers conferred upon the Developer with respect to the enforcement
or correction or remedy of any failure of an Owner to observe these Protective Covenants, and the
Developer and its representatives shall not be deemed to have committed a trespass as a result
thereof. Notwithstanding the foregoing, an occupied Building may not be entered.
§5.17 Mineral Exploration:The Property shall not be used in any manner to explore for,
use or exploit commercially any water, oil or other hydrocarbons, minerals of any kind, gravel, earth,
soil, or any other substance located in or under the ground.
§5.18 Machinery and Equipment: No commercial machinery or equipment of any kind
shall be placed, operated or maintained upon the Property except such machinery or equipment
reasonably necessary for use in connection with maintenance or construction of Improvements as
approved by the Developer.
§5.19 Vehicles,Trailers, Boats, Commercial Vehicles, or Motor Homes: No automobile
or motor driven vehicle may be left upon the Property for a period longer than five (5)days in a
condition such that it is incapable of being operated upon the public highways. After such time, the
vehicle shall be considered as a nuisance and detrimental to the welfare of the neighborhood and
must be removed from the Property. No towed vehicle, boat, motor home or mobile home shall be
left or kept on any part of the Property for a period longer than twenty-four (24)hours, and after the
expiration of twenty-four (24)hours any such towed vehicle, boat, motor home or mobile home shall
be considered a nuisance and detrimental to the welfare of the neighborhood and must be removed
from the Property. The foregoing, however, does not apply to such boats or other vehicles, whether
motor-driven or towed, as are stored wholly within a Building. No commercial vehicles may be
parked, stored or temporarily kept on the Property, except when stored wholly within Buildings, except when there temporarily or to service existing Improvements orto be used in connection with the
construction of Improvements on the Property.
§5.20 Animals: No animals, birds, insects, livestock or poultry of any kind shall be
raised, bred, or kept on the Property except dogs, cats and other household pets which are kept for
domestic purposes only, and are not kept, bred or maintained for any commercial purpose.No more than twodogs and two cats may be kepton any Lot orin any Building orcombination of Buildings on any Lot except when such dogs or cats in excess of such numbers are less than three months of age.
§5.21 Removal of Trees: In order that the natural beauty of the Property may be preserved, no living tree having a caliper measurement or diameter of six 6( )inches or more shall be destroyed or removed from the Property unless approved by the Developer in connection with its approval of the plans and specifications for the construction of Improvements on the Property or otherwise with the prior express written consent of the Developer. In the event of a violation of this paragraph, the Developer, and its representatives, may, at its option, cause any tree so removed·or destroyed to be replaced wittl another tree, and the Owner of the part of the Property from or on which the tree was removed or destroyed shall reimburse the Developer for all expenses incurred by it; provided, however, that with respect to the replacement of a tree there shall be no obligation of reimbursement in any amount in excess of the expenses which would be incurred if the destroyed or removed tree were replaced with a tree similar in type and size.
§5.22 Drainage and Grading: No drainage ditches, cuts, swales, streams, impoundments, ponds, or lakes; no mounds, knobs, dams, or hills; and no other physical improvements or elements 6f the landscape or terrain which control or determine the location of flow of surface water and drainage patterns may be destroyed, altered or modified by, or at the direction or with the consent of any Owner,without the prior written consent of the Developer. In the event of any destruction, alteration or modification made or occurring without such priorconsent of the Developer, the Developer and its representatives, shall have the right to enter upon the Property and any Lot to remedy or repair any such destruction, alteration, modification, or improvement without being guilty of trespass and without liability to any Owner with respect to the same or the
consequences thereof. Whenever, because of construction of Improvements on a part of the
Property or for some other reason, silt would run off of a part of the Property on to any adjacent
property, the Owner of such part shall be obligated to provide a means of siltation control to prevent
silt from running off such part on to such adjacent propetty.
Article 6 - Enforcement
§6.01 Interpretation: In case of uncertainty as to the meaning of an article, paragraph,
sentence, clause, phrase or word in these Protective Covenants, the interpretation of the Developer
shall be final and conclusive upon all interested parties.
§6.02 Abatement and Suit: Violation or breach of any of these Protective Covenants
shall give to the Grantor and the Association the joint and several right to enter the part of the
Property involved and abate and remove the same, and the Grantor and/or the Association, as the
case may be, shall be entitled to be reimbursed for its expenses incurred in abating or removing
such violation or breach by the Owner of the part of the Property involved. Violation or breach of any
of these Protective Covenants shall also give to the Grantor and the Association the joint and
several right to proceed at law or in equity against the Owner of the part of the Property involved or
any person or persons who have violated or breached or are attempting to violate or breach these
Protective Covenants for injunctive relief or to recover damages. In any such legal or equitable
proceeding, the unsuccessful party or parties shall pay the attorneys' fees of the prevailing party or parties in such amount as may be fixed by the court. All remedies provided for herein or at law or in
equity shall be cumulative and not exclusive.
§6.03 Failure to Enforce Not a Waiver of Rights:With the exception of a time limit for
action by the Developer contained in Article 4 above, failure of the Grantor, the Association, Owner, to enforce or any any of these Protective Covenants shall in no way be deemed a waiver of the right to do so thereafter or the right to enforce any other of these Protective Covenants.
§6.04 Personal Obligation and Lien for Payments:Any amount which, pursuant to these
Protective Covenants, an Owner is required to pay to the Grantor or the Association or for which an Owner is required to reimburse the Grantor or the Association shall become due and payable to the Grantororthe Association immediately upon the receipt bysuch Ownerof astatement therefor from the entity entitled to payment or reimbursement, shall bear interest at the highest lawful rate after it becomes due, shall constitute a personal obligation of such Owner and, in addition, shall be a charge upon the part or parts of the Property owned by him, and the entity entitled to such payment or reimbursement shall have a lien on such part or parts of the Property to secure payment or reimbursement,subject only to the lien of public authority for taxes and assessments and the lien of any first mortgage. The Grantor or the Association shall furnish to any Owner upon the request of such Owner and upon the payment of the expenses of the Grantor or the Association in connection therewith such certificates of payment or nonpayment regarding payments or reimbursement to which the Grantor or the Association is entitled from such Owner or any predecessor in title pursuant to these Protective Covenants,which certificates shall be signed by an officer of the entity furnishing the same and shall be in accordance with the facts.Such certificates shall be conclusive ienvtiedreenscte of the facts recited therein, and all persons dealing with any part of the Property or any therein may rely and act upon the same.
§6.05 Liability Relating to Enforcement:Neither the Grantor nor the Association norany of their respective officers, directors, trustees, agents, employees, shareholders or members shall be liable to anyone by reason of mistake in judgment, negligence or nonfeasance arising out of any act or actions to enforce or any failure to enforce these Protective Covenants. Each person or entity who accepts a conveyance of all or any part of the Property agrees, by acceptance of such conveyance,that he or it will not bring any action or suit against the Developer, the Association,or any of their respective officers, directors, trustees,agents,employees, shareholders or members for damages resulting from any such mistake in judgment, negligence or nonfeasance.
Upon the execution and delivery by the Grantor of a deed subjecting the real property
described in said deed to these Protective Covenants and the filing of said deed with the Recorder of
the appropriate county or counties, the real property described therein shall thereupon be and
become a part of the Property and subject to all of the conditions, cover'iants, restrictions and
agreements set forth in these Protective Covenants.
Article 8 - Period of Duration
These Protective Covenants, as the same may be amended, modified, changed or added to
as provided in Article 15, and the charges and liens provided for herein, shall be deemed to run with
the land; shall continue in full force and effect for a period of thirty-five (35)years from the date
hereof;and shall be automatically reinstated for a like period unless written objection is theretofore
declared and filed by the Association and the Owners of a majority of the Lots comprising the
Property with the Recorder of Licking County, Ohio.
Article 9 - Constructive Notice and Acceptance
Every person who now or hereafter owns or acquires any rights, title or estate in any part of
the Property is and shall be conclusively deemed to have consented and agreed to every covenant,
condition and restriction contained herein whether or not a reference to these Protective Covenants
is contained in the instrument by which such person acquired an interest in said part of the Property.
Article 10 - Easements
Grantee and Grantee's successors and assigns as Owners hereby agree to grant utility
easements to the Grantor or to the Association for the purpose of constructing utility lines over or through the Property. The Grantor or the Association, as the case may be, shall present to each
Owner whose part of the Property is affected a survey of any proposed easement which shall be
subject to such Owner's approval, but which approval shall not be unreasonably withheld. Subject the aforesaid to approval, each Owner agrees to execute all appropriate papers and documents to accomplish the foregoing. If the exercise of any of the rights granted by any such easement results in the damage,destruction or disturbance of any part of the Property, the person or entity exercising such rights shall, at his or its sole expense, repair or restore the part of the Property damaged, destroyed or disturbed to its condition immediately prior to such damage, destruction or disturbance.
Article 11 - Rights of Mortgagee
All provisions of these Protective Covenants, including the provisions hereof respecting liens and charges against the Property, shall be deemed subject and subordinate to the lien of all recorded first mortgages and deeds on or for any part, parts or all of the Property securing a debt, now or hereafter executed, and none of these Protective Covenants shall supersede or in any way reduce the security or affect the validity of such lien or mortgage or deed to secure such debt; provided, however, that if any part of said Property is sold or conveyed under a foreclosure or other enforcement of any mortgage or under the provisions of any deed to secure debt, any grantee or purchaser at such sale, and his heirs, personal representatives, successors and assigns, shall hold any and all property so conveyed or purchased, subject to these Protective Covenants.
Article 12 . Mutuality
All restrictions,conditions and covenants contained herein are made for the direct mutual and reciprocal benefit of the Grantor, the Association, and the Grantee and their respective successors and assigns;these Protective Covenants shall create mutual equitable servitudes upon each part of the Property in favor of each other part of the Property;these Protective Covenants shall create reciprocal rights and obligations between the respective Owners of all parts of the Property
Article 7 Additions to the Property
and privity of contract and estate between all such Owners; and these Protective Covenants shall,
as to the Owner of any part. of such Property, his heirs, personal representatives, successors and
assigns, operate as covenants running with the land for the benefit of all parts of the Property and
the Owners thereof.
Article 13 - Paragraph Headings
The paragraph headings are intended for convenience only and are not intended to be a
part of these Protective Covenants in any way to define, limit or describe the scope or intent of the
particular paragraph to which they refer.
Article 14 . Effect of Invalidation
If any provision of these Protective Covenants is held to be invalid by any court of
competent jurisdiction, the invalidity of such provisions shall not affect the validity of the remaining
provisions hereof.
Article 15 -Amendments, Modifications, Changes or Additions
Amendments, modifications, changes or additions to these Protective Covenants may be
made from time to time by an instrument in writing setting forth the amendments, modifications,
changes and/or additions effected thereby which is executed by the Developer and by the owners of
not less than a majority of the Lots constituting part of the Property in the manner provided by law
for the execution of deeds and the filing for record of such instrument with the Recorder of Licking County, Ohio.

Ordinance 43-1993

ORDINANCE NO. 43-93
1
1
By: rE)/--
AN ORDINANCE TO MAKE APPROPRIATIONS FOR CURRENT
EXPENSES AND OTHER EXPENDITURES OF THE VILLAGE OF
GRANVILLE, STATE OF OHIO, DURING THE FISCAL YEAR ENDING
DECEMBER 31, 1994.
WHEREAS, pursuant to the provisions of Section 2.08 of Article 11 of the Charter
of the Village of Granville, Ohio, the village Council is authorized to adopt the Municipal
Budget for the fiscal year beginning January 1, 1994 and ending December 31, 1994
and;
WHEREAS, the manager has submitted a proposed budget with estimates and
explanatory data, and;
WHEREAS, a public hearing has been held and said budget with estimates as required by section 6.06 of Article VI of the Charter.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF GRANVILLE,
OHIO a majority of the members elected thereto herein concurring that, to provide for
the current expenses and other expenditures of said Village of Granville during the
fiscal year ending December 31, 1994, the following sums be and they are hereby set aside and appropriated as follows, vis:
Section I: The annual budget submitted by the Manager in accordance with the
provisions of Section 6.05, Article VI, of the Charter, be and the same hereby is adopted.
Section
A-1 -1 -A
Al -1 -C
Al-2-B
11: That there be appropriated from the General Fund:
Program 1 -Security Of Persons And Property
POLICE LAW ENFORCEMENT
211 SalariesW/ ages
212 Employee Benefits
230 Contractual Services
240 Supplies &Materials
250 Capital Outlay
270 Transfers
327,006
112,647
47,738
39,196
18,000
3,998
TOTAL POLICE LAW ENFORCEMENT
STREET LIGHTING
230 Contractual Services
250 Capital Outlay
TOTAL STREET LIGHTING
23,600
6,000
548,584
29,600
Total Program 1 -Security Of Person And Property
Program 11 -Public Health And Welfare
COUNTY HEALTH DISTRICT
230 Contractual Services 11, 960
TOTAL COUNTY HEALTH DISTRICT 11, 960
578,184
1
1
Ordinance No. 43-93
Page 2
Al -5-D
Al -4-F
Al -6-A
Al -6-B
Al-6-D
Al -6-G
Al -7-A
Total Proaram 11 -Public Health And Welfare.
BASIC UTILITY SERVICE
230 Contractual Services
250 Capital Outlay
6,900
40,000
TOTAL BASIC UTILITY SERVICE 46,900
Program IV -Community Environment
COMMUNITY SERVICES
230 Contractual Services
240 Supplies &Materials
250 Capital Outlay
270 Transfers
29,075
2,700
7,000
28,900
11, 960
TOTAL COMMUNITY SERVICES 67,675
Total Program IV -Community Environment
67,675
Program VI -Transportation
STREET CONSTRUCTION
230 Contractual Services
250 Capital Outlay
15,500
23,762
TOTAL STREET CONSTRUCTION
STREET MAINTENANCE AND REPAIR
211 SalariesW/ ages
212 Employee Benefits
230 Contractual Services
240 Supplies & Materials
270 Transfers
273,019
71, 761
7,870
6,000
96,795
39,262
TOTAL STREET MAINTENANCE AND REPAIR
455,444
STORM SEWERS AND DRAINS
240 Supplies &Materials 2,000
250 Capital Outlay 37,607
TOTAL STORM SEWERS AND DRAINS
SIDEWALKS
250 Capital Outlay
TOTAL SIDEWALKS
84,000
Total Program VI -Transportation
Program VII -General Government
ADMINISTRATIVE OFFICES
211 SalariesW/ ages
212 Employee Benefits
230 Contractual Services
240 Supplies &Materials
151, 568
41,373
13,186
11,600
39,607
84,000
618,313
1
Ordinance No. 43-93
Page 3
Al-7-B
Al -7-C
Al-7-D
Al -7-E
Al -7-F
Al -7-G
Al -7-H
TOTAL ADMINISTRATIVE OFFICES
LEGISLATIVE ACTIVITIES
211 SalariesW/ ages
212 Employee Benefits
230 Contractual Services
240 Supplies &Materials
TOTAL LEGISLATIVE ACTIVITIES
MAYOR'S COURT
211 SalariesW/ ages
212 Employee Benefits
230 Contractual Services
240 Supplies &Materials
TOTAL MAYOR'S COURT
INCOME TAX
211 SalariesW/ ages
212 Employee Benefits
230 Contractual Services
240 Supplies &Materials
280 Refunds
TOTAL INCOME TAX
LANDS &BUILDINGS
211 SalariesW/ ages
212 Employee Benefits
230 Contractual Services
240 Supplies &Material
260 Debt Service
270 Transfers
TOTAL LANDS AND BUILDINGS
BOARDS & COMMISSIONS
211 SalariesW/ ages
212 Employee Benefits
230 Contractual Services
240 Supplies & Materials
1, 080
151
15,880
2,200
19,161
6,577
946
2,500
24,295
8,100
4,500
4,500
15,000
TOTAL BOARDS &COMMISSIONS.
3,501
665
23,137
14,315
35,528
13,000
25,724
6,159
9,600
3,000
COUNTY AUDITOR & TREASURERS' FEES
230 Contractual Services 2,500
217,727
19,311
29,184
56,395
90,146
44,483
TOTAL COUNTY AUDITOR &TREASURERS' FEES
TAX DELINQUENT LAND ADVERTISING
230 Contractual Services 325
2,500
TOTAL TAX DELINQUENT LAND ADVERTISING
325
1
1
Ordinance No. 43-93
Page 4
Al -7-1
Al -7-J
Al -7-K
STATE AUDITOR'S FEE
230 Contractual Services
TOTAL STATE AUDITOR FEE
ELECTION
230 Contractual Services
TOTAL ELECTION
LAW
211 SalariesW/ ages
212 Employee Benefits
230 Contractual Services
240 Supplies &Materials
TOTAL LAW
12,000
1, 500
7,200
1, 346
8,000
800
Total Program VII -General Government.
12,000
1, 500
17,346
GRAND TOTAL GENERAL FUND APPROPRIATIONS
490,917
1, 813,949
Section 111: That there be appropriated from the following Special Revenue Funds:
Program VI -Transportation
81-6-B STREET &MAINTENANCE REPAIR
82-6-B
86-4-A
230 Contractual Services
240 Supplies &Materials
9,040
74,130
TOTAL STREET MAINTENANCE AND REPAIR
83,170
82-STATE HIGHWAY IMPROVEMENT FUND
STATE HIGHWAY FUND
230 Contractual Services 4,400
TOTAL FOR 82-STATE HIGHWAY FUND
Total Proaram VI -Transportation
TREE PLANTING GRANT FUND
250 Capital Outlay 11, 800
TOTAL TREE PLANTING GRANT FUND
4,400
11, 800
Section IV: That there be appropriated from the following Enterprise Funds:
Program V -Basic Utility Service Fund
Cl -SEWER DEBT SERVICE FUND
260 Debt Service 130,623
TOTAL SEWER DEBT SERVICE 130,623
87,570
Ordinance No. 43-93
Page 5
El-5-E
El-5-F
E2-5-G
E2-5-H
C-3 -SEWER REPLACEMENT & IMPROVEMENT FUND
250 Capital Outlay
280 Refunds
40,000
2,000
TOTAL SEWER REPLACEMENT &IMPROVEMENT FUND
42,000
El-WATER FUND
PRODUCTION
211 SalariesW/ ages
212 Employee Benefits
230 Contractual Services
240 Supplies &Materials
250 Capital Outlay
260 Debt Service
270 Transfers
280 Refunds
TOTAL PRODUCTION
WATER DISTRIBUTION
211 SalariesW/ ages
212 Employee Benefits
230 Contractual Services
240 Supplies &Materials
270 Transfers
TOTAL DISTRIBUTION
119,695
39,824
92,114
49,940
13,000
94,093
25,750
200
27,083
11, 718
7,100
15,600
3,464
434,616
64,964
TOTAL FOR E-1 -WATER FUND APPROPRIATION.
499,581
E2 -SEWAGE
SEWAGE TREATMENT
211 SalariesW/ ages
212 Employee Benefits
230 Contractual Services
240 Supplies &Material
270 Transfers
280 Refunds
TOTAL SEWAGE TREATMENT
SEWAGE COLLECTION
211 Salaries \Wages
212 Employee Benefits
230 Contractual Services
240 Supplies &Materials
270 Transfers
TOTAL SEWAGE COLLECTION
80,307
24,764
96,351
29,400
29,350
200
22,225
4,936
16,900
9,200
6,000
260,372
59,262
TOTAL FOR E2 SEWER FUND APPROPRIATIONS.
319,633
Grand Total For Proaram V -Basic Utility Services
991, 917
Ordinance No. 43-93
Page 6
Section V: That there be appropriated from the Sewer Debt Service Fund:
E6 -SEWER DEBT SERVICE FUND
260 Debt Service 118,876
TOTAL E6 -SEWER DEBT SERVICE FUND $ 118,876
Section VI: That there be appropriated from the Sewer Debt Service Reserve Fund.
E7 -SEWER DEBT SERVICE RESERVE FUND
260 Debt Service 25,000
TOTAL E7 -SEWER DEBT SERVICE RESERVE FUND
25,000
Section VII: That there be appropriated from the Water Capital Improvements Fund:
E91 -WATER CAPITAL IMPROVEMENTS FUND
250 Capital Outlay
280 Refunds
163,900
2,000
TOTAL E91 -WATER CAPITAL IMPROVEMENTS FUND
165,900
Section VIll: That there be appropriated from the Equipment Reserve Fund.
F2-6-8
Section
H 1 - 2-A
H1-2-B
H 1 - 2-C
H 1 -3-A
H 1-3-B
H 1 -3-C
Hl-4-A
H1 - 4-B
Hl -4-C
F2 -EQUIPMENT RESERVE FUND
250 Capital Outlay 5,000
TOTAL EQUIPMENT RESERVE FUND: 5,000
IX: That there be appropriated from the Special Assessment Fund:
Hl-2 -CEDAR STREET SANITARY SEWER
Incidental Expense
Principal
Interest
140
3,000
1, 103
TOTAL H-2 -CEDAR STREET SANITARY SEWER
4,243
Hl-3 -WEST BROADWAY/ WILDWOOD SEWER
Incidental Expenses
Principal
Interest
120
3,000
1, 365
TOTAL_Hl-3 -WEST BROADWAY/ WILDWOOD SEWER
4,485
H14 -WILDWOOD DRIVE IMPROVEMENT
Incidental Expenses
Principal
Interest
140
4,000
340
TOTAL Hl-4 -WILDWOOD DRIVE IMPROVEMENT
4,480
Ordinance No. 43-93
Page 7
TOTAL SPECIAL ASSESSMENT BOND RETIREMENT FUND
13,208
Section X: Sums expected from the above appropriation which are proper charges
against any other department or against any firm, person, or corporation,
if repaid within the period covered by such appropriation, shall be
considered reappropriated for such original purposes, provided that the
net total of the expenditures under any appropriation shall not exceed the
original total.
Section XI: That this ordinance therefore shall become effective as of January 1,
1994, for the purpose effecting expenditures within the limitations herein
set forth, during the fiscal year extending from that date to December 31,
1994. This appropriation ordinance shall become effective as provided in
Section 6.07, Article VI of the Charter of the Village of Granville, Ohio,
and shall take effect and be in force from and after the earliest date
allowed by law.
Passed this
Attest:
15"th
C Ani j4124 J Clerk of Council /
Approved as to Form:
9223L. Law Difector
day of Jeeer,6€/
Mayor
1993.

Ordinance 42-1993

1
1
BY: fld-KU,1661 1
ORDINANCE NO. 42-93
AN ORDINANCE TO ESTABLISH THE GRANVILLE VILLAGE
MANAGER'S SALARY EOR 1994.
WHEREAS, Article 11, Section 2.08 of the Charter of Granville, Ohio, provides
that Council shall fix the salary of the Village Manager by ordinance, and
WHEREAS, Ordinance No. 48-92, establishing the salary of the Manager for the
period of January 1, 1993, to December 31, 1993, will expire on December 31, 1993.
NOW, THEREFORE, be it ordained by the Council of Granville, Ohio, that:
Section I: The salary of the Village Manager for the calendar year 1994 shall be
60,000 payable by-weekly in the amount of 1/26 of the total amount.
Section 11: The Manager be granted four weeks of paid vacation leave during the calendar year 1994.
Section 111: This ordinance shall take effect and be in full force from and after the
earliest date allowed by law.
Passed this 15'44
Attest:
Ctlearkrotf C-Lounckil rft.2b
Approrm
114 1 # j,k -,-7£-7-;
Lawf e[c*tor
day of 662, 776€/
LALL
Mayor <
1993.

Ordinance 41-1993

YL lstrreAk)
VILLAGE OF GRANVILLE, OHIO
ORDINANCE NO. 4/9-3-
AN ORDINANCE FIXING AND REGULATING THE PRICE THAT MAY BE
CHARGED BY NATIONAL GAS &OIL CORPORATION, ITS SUCCESSORS
OR ASSIGNS, FOR GAS SERVICE TO THE VILLAGE OF GRANVILLE,
OHIO, AND TO ITS INHABITANTS, FOR THE PERIOD OF THREE (3)
YEARS FROM AND AFTER THE EFFECTIVE DATE OF THIS
ORDINANCE; AND REPEALING ORDINANCE NO. 29-91.
BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF GRANVILLE, STATE OF
OHIO:
Section 1: A. That, for the period of one (1) year from and
after the effective date of this Ordinance, the
maximum price that National Gas &Oil Corporation
Company),its successors and assigns, shall be
permitted to charge for and the minimum price at
which it or they shall be required to furnish gas
service to the Village of Granville, and to its
inhabitants, shall be and the same is hereby fixed
for each individual customer, as follows:
Customer charge of Six Dollars and Fifty
Cents 6.50) for each customer or meter
each month;
Two Dollars and Fifteen Cents 2($. 15) for
each one thousand (1,000) cubic feet used
through each meter each month.
From and after the expiration of the aforesaid oneyear
period and for a further period of one (1) year thereafter, as follows:
From
Customer charge of Six
Cents 6($.50) for each
each month;
Two
each
Dollars and Fifty
customer or meter
Dollars and Thirty-five 2. 35) for
one thousand 1,000) cubic feet used
through each meter each month.
and after the expiration of the aforesaid
second one- year period and for a further period of
one (1) year thereafter, as follows:
Customer charge of Six
Cents 6. 50) for each
each month;
Dollars and Fifty
customer or meter
Two Dollars and Fifty-four 2. 54) for
each one thousand (1,000) cubic feet used through each meter each month.
B. The above rates exclude gas costs and the Ohio Gross Receipts Tax. All bills rendered
pursuant to this Ordinance shall be adjusted to reflect the effect of the Ohio Gross Receipts Tax and are subject to decrease or increase in accordance with the "Gas Cost Recovery"provisions of the Company' s Rules and Regulations, on file with The Public Utilities Commission of Ohio.
C. If service under any of these rate schedules in this Section 1 is discontinued at the request of the customer, the Company shall not be under any obligation to resume service to the same customer on the same premises until the customer has made payment of an amount equal to the minimum monthly customer charge applicable for each month of the minotenrthvse.ning period, but not to exceed twelve (12)
1.
B
Ordinance No.
Page 2.
Section II:
Section III:
Section IV:
Section v:
D. The Company shall be authorized to charge $15. 00
to any customer for each check or draft returned by
the Company' s or customer' s bank as being
uncollectible for any reason, including but not
limited to, non- sufficient funds or closed out
account.
E. Termination and reconnection of service shall
conform with and be subject to the Rules and
Regulations of the Company on file with and approved
by The Public Utilities Commission of Ohio.
It is expressly conditioned that the service to be
rendered by said Company, its successors or assigns,
pursuant to this Ordinance, shall be primarily for
residential and commercial purposes, and that
service shall not be extended consumers of other
different classes until all reasonable requirements
for residential and commercial purposes are fully
met; and this provision shall be binding upon said
Company, its successors or assigns, so long as the
foregoing rates are in effect; but during any month
or year, subject to the foregoing limitations and
after compliance with the foregoing provisions gas
may be delivered to any other consumer and
additional classes of consumers at such times and
under such conditions and for such rates as may be
agreed upon between the Company and such consumer or
consumers.
The terms and conditions of the service to be
rendered shall conform with and be subject to the
Rules and Regulations for furnishing gas service of
the Company on file with and approved by The Public
Utilities Commission of Ohio; and that the service
to be rendered by said Company to new residential
and commercial customers shall, at all times be
subject to and in accordance with any and all
regulations and/or restrictions as may be stipulated
by The Public Utilities Commission of Ohio.
That the gas furnished or delivered pursuant to the
terms of this Ordinance, by said Company, shall have
an average heating value' of 1, 000 British Thermal
Units per cubic foot for any consecutive month twelve (12) period subject to a variance of not more than
five (5) percent upward or downward.
In the event the United States Federal Government,
State of Ohio, or the Village of Granville, Ohio,
should hereafter impose a new or additional tax upon the Company that is not now imposed, or should hereafter increase or decrease the rate of any tax
upon the Company different from the tax rate now existing, other than the rate on property listed in the real estate tax list and duplicate, then the rates prescribed in Section 1 shall be increased or decreased to the extent necessary to compensate the Company or the customer for the respective increase
toarxdecrease in cost due to such new tax or revised rate. This shall be done in the following manner:
a) If the new tax or revised tax rate is
computed in direct relation to gas sold or revenues received for the sale of gas the
rates set forth herein shall be adjusted to the extent necessary.
b) If the new tax or revised tax rate is not related directly to gas sold or to
revenues received for the sale of gas, then the total dollar effect thereof upon
Ordinance No.
Page 3.
Section VI:
Section VII:
Section VIII:
Passed this
the cost of serving gas by the Company in
the Municipality shall be determined,
based upon operations of the Company in
the Municipality during the most recently
available twelve- month period ending on
the last date of the December or June,
preceding the effective date of the new
tax or revised tax rate; the total dollars
so computed shall then be divided by the
total sales made to the types of customers
covered by this Ordinance during the same
twelve month period and the rates
prescribed herein shall be correspondingly
adjusted.
The adjustment of the rates prescribed in this
Ordinance, as provided in subparagraphs (a) and
b) above, shall be made by rounding the
mathematical result of the computations SO
prescribed to the nearest one hundredths of a
cent (00$0.1) per one thousand cubic feet.
The adjusted rate shall be placed in effect and
shall apply to all meter readings occurring on and after the effective date of the statute,
ordinance or resolution pursuant to which the
new tax or revised tax is imposed.
Written notification of the adjustment shall be sent to the Clerk of Council as quickly as
possible after the effect of the new tax or
revised tax rate can be determined.
That Ordinance No. 29-91 passed by the Council of
the Village of Granville, Ohio, and all other ordinances and resolutions and parts thereof
inconsistent herewith shall be and the same hereby
are repealed, and that should any section or part of
a section or provision of a section of this
Ordinance be declared void, the remainder of this
Ordinance shall not be affected thereby.
That, unless the Company accepts and agrees to the terms contained in this Ordinance on or before the expiration
date of
becomes
parties,
of seven (7) days after the effective
this Ordinance, whereby this Ordinance
a valid and binding agreement between the
the Company and the City, then this
Ordinance, shall cease to be effective and shall
terminate, at the expiration of said seven (7) daysi period.
That this Ordinance shall take effect and be in
force from and after the earliest period allowed by claowntinaunde is accepted by the Company, and shall thereafter unless superseded by a comparable Ordinance, passed by the Council of the Village of Granville, Ohio, and accepted by the Company.
day of
ATTST:
l.lit-U(FrlLa) Clerk of Council /
Appr137asdo€fora: 112i w 41(40 Law Difector
644, 46. 0 .r 1993.
Ark/129fof

Ordinance 40-1993

ORDINANCE NO. 40-93
1
BY: Fp. 1423
AN ORDINANCE TO AMEND SECTION 921. 07 OF THE CODIFIED
ORDINANCES OF GRANVILLE, OHIO ESTABLISHING SEWER
REGULATIONS AND CHARGES AND TO REPEAL EXISTING SECTION
921.07 OF SAID CODIFIED ORDINANCES.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF GRANVILLE,
OHIO, that:
Section I: Section 921. 07 of the Codified Ordinances of Granville, Ohio, is hereby
amended to read as follows:
Section 921. 07 SEWER SERVICE CHARGES.
For the purpose of providing for the cost of the management,
maintenance, operation and repair of the sewerage system and sewage
pumping, treatment and disposal works, and for the enlargement or
replacement of the system and works, and for the construction and
reconstruction of main and interceptor sewers and the payment of interest
on any debt incurred for the construction thereof, there is hereby levied
and assessed upon each lot or parcel of land in the Village of Granville on
which a building, commercial, industrial, institutional or residential is
located, which is connected to the Village of Granville sewer system, a
sewer service charge as hereinafter provided. All classes of users shall
be levied charges on the same basis as described hereinafter.
The sewer service charge shall be calculated on the volume of wastewater
discharged directly or indirectly into the sewer system and shall be
measured by the water used by each sewer user as shown by water meter
readings. The sewer service charge for the Village of Granville shall
consist of a debt service charge of one dollar 1(.$00)per thousand
gallons and a user charge for operation, maintenance and replacement
OM &R)of two dollars and ninetyf-ive cents 2(.$95)per thousand
gallons. If the total sewage (as measured by water meter readings)
discharged in any one (1)month period is less than one thousand (1000)
gallons, there shall be a minimum charge of three dollars and ninety- five
cents 3(.$95).Such minimum charge shall be for debt service in the
amount of one dollar 1(.$00)and for OM&R in the amount of two dollars
and ninetyf-ive cents 2(.$95).
The sewer service system charge will be audited annually by the Village
with the charges being adjusted upwards or downwards in order to assure that the system is and will continue to be self sufficient and that sufficient
revenue is being generated from each user class in the proper proportions. No free service shall be provided in this service charge
system. Each user will be notified by the Village, at least annually, in conjunction with a regular bill, of the rates for that year and that portion of the service charges which are attributable to the user charge for
operation, maintenance and replacement of the system. In addition, rates will be reviewed and adjusted accordingly to compensate users of each class for any overages and underages accumulated during the previous rate period. The sewer service charge herein assessed shall be in addition to the charge made for water used.
Where a private supply is used, the sewer service charge may be calculated by requiring the property owner to meter the private water
1
Ordinance No. 40-93
Page 2
Section 11:
Section 111:
Passed this
supply, such metering to be at the property owner's expense and such
measurement to be used in the same manner as a public water meter in
determining the charge. The Village may, at its option, in lieu of such
metering, apply a sewer service charge of fifty dollars 5(0$.00)per month
to such premises. Each resident, institution, commercial or industrial
establishment shall be subject to a separate sewer service charge even
though such establishment may be served by a sewer connection
common to other premises. If it be found by the citizen that the water or
waste measured or metered for any customer is greater than that actually
being discharged directly or indirectly into the sewage system, the Village
may modify and adjust such volume in accordance with the facts and with
justice and equity, but no charge less than the minimum shall be made for
any customer subject to the sewer service charge.
Where a private water supply is used and/ or the user desires to meter his
water use or sewage flow, the owner shall incur all expenses related to
the installation of said meter. Prior to installation of the meter, the type of
equipment installed and its location must be approved by the Village.
Prior to placing said meter-into use after installation, the Village shall
inspect and approve or disapprove the meter installation. Any
modifications required by the Village shall be made at the user's expense
and prior to the meter's use. The meter shall be located in a suitable
location that will accommodate readings by Village personnel. Tampering
with the meter by the user to cause inaccurate readings shall make the
user subject to the penalty provisions of Section 921. 99.
Existing Section 921. 07 of the Codified Ordinances of Granville, Ohio, is
hereby repealed.
This ordinance shall take effect and be in full force from and after the
earliest period allowed by law.
1*day of
AFFF:
UkcLkMk- Clerk of Council
1 APPROVED,AS<FO FORM:
EQiJLi7<, Law Di,6ctor
hece, 464
Mayor
1993.
k
2

Ordinance 39-1993

ORDINANCE NO. 39-93
1
1
BY: 1/d(«Ksha-21
AN ORDINANCE TO AMEND SECTION 1171.03b( )2()A()OF THE
CODIFIED ORDINANCES OF THE VILLAGE OF GRANVILLE
ESTABLISHING OFF-SITE IMPROVEMENTS TO PLANNED
DISTRICTS.
NOW,THEREFORE,be it ordained by the Council of Granville,Ohio:
Section I: That Section 1171.03b( )2()A()ofthe Codified Ordinances ofthe Village of
Granville,Ohio, is hereby amended to read as follows:
A)Such planned development provides adequate ingress and egress and
does not adversely impact traffic patterns nor unreasonably increase traffic
usage of municipal streets to the detriment of the safety and welfare of the
public.If the plan provides adequate offs-ite improvements,as determined
to be necessary by the Village Engineer,the Commission shall consider
these improvements in determining whether the plan adversely impacts
traic#patterns or unreasonably increases trajjic usage ofmunicipal
streets to the dellim' ent of the safely andwelfare of the public.
Section II: That this ordinance shall take effect and be in force from and after the
earliest date allowed by law.
Passed this
ATTEST:
Clerk of Council
APPROVED AS TO FORM:
Law Director
day of
Mayor
1993.

Ordinance 38-1993

ORDINANCE NO. 38-93
1
1
BY: CShu/man
AN ORDINANCE TO AMEND SECTION 1175.03(c)OF THE
CODIFIED ORDINANCES OF THE VILLAGE OF GRANVILLE
ESTABLISHING OFF-SITE IMPROVEMENTS TO SUBURBAN
BUSINESS DISTRICT.
NOW,THEREFORE,be it ordained by the Council of Granville,Ohio:
Section I: That Section 1175.03(c)ofthe Codified Ordinances ofthe Village of
Granville,Ohio is hereby amended to read as follows:
c) Traffic Requirements. A traffic and parking system plan shall be
shown that details points of ingress and egress into the property, public and
private drives,parking areas and pedestrian walkway areas. The plan shall
be designed to minimize conflict points between pedestrian and vehicular
movement. The Commission shall not approve the plan unless they find the
plan provides adequate ingress and egress and does not adversely impact
traffic patterns nor unreasonably increase traffic usage of municipal streets
to the detriment ofthe safety and welfare ofthe public. If the plan
provides off- site improvements,as determined to be appropriate by the
Village Engineer,the Commission shall consider these improvements in
determining whether the plan adversely impacts trafic patterns or
unreasonably increases trc®c usage of municipal streets to the detriment
of the safety andwelfare ofthepublic.
Section II: That this ordinance shall take effect and be in force from and after the
earliest date allowed by law.
Passed this
ATTEST:
Clerk of Council
APPROVED AS TO FORM:
Law Director
day of
Mayor
1993.

Ordinance 37-1993

ORDINANCE NO. 37-93
1
BY: L-req- AN ORDINANCE TO AMEND CHAPTER 1305 OF THE
CODIFIED ORDINANCES OF THE VILLAGE OF GRANVILLE
AND TO REPEAL EXISTING CHAPTER 1305 OF SAID
CODIFIED ORDINANCES.
NOW, THEREFORE, be it ordained by the Council of Granville, Ohio that:
Section I: Existing Chapter 1305 of the Codified Ordinances of the Village of
Granville, Ohio is hereby repealed.
Section 11: Chapter 1305 of the Codified Ordinances of the Village of
Granville, Ohio, is hereby adopted as follows:
CODIFIED ORDINANCES OF GRANVILLE
PART THIRTEEN -BUILDING CODE
CHAPTER 1305
Building/ Zoning Permit Fees
1305.01 Fees for building permits.
1305.02 Public Buildings.
1305.03 Public Use Fees.
1305.04 Cost Reimbursement.
CROSS REFERENCES
Power to regulate building erection -see O.R.C. 715.26, 715.29, 737.37
Adoption of technical codes -see CHTR. 3.09
Required submission of plans of public buildings -see O.R. C. 3791. 04
Plat approval -see P. &Z. Ch. 1113
1305.01 FEES FOR BUILDING/ ZONING PERMITS
The Manager or designee shall charge the applicant from the following
fee schedule:
New Structures -
ResidentiaCl/ommercial Buildings -
Additions -
ResidentiaCl/ommercial Buildings -
Remodeling -
50.00 +0. 1$5 per square
foot of floor area over 100 square
feet. Floor area includes all
floors, basement and garage.
20.00 +0. 0$5 per square
foot of floor area over 100 square
feet. Floor area includes all
floors, basement and garage.
1
1
Residential/ Commercial Buildings -
Signs -
Air Conditioning Units -
Other Structures -
Fences or other structures that
are not classified as a buildings,
building additions, or remodeling -
Zoning Application in
Flood Hazard Overlay District -
15.00 +1. 5$0 for each
additional $ 1,000 over $15,000.
20.00 +1. 5$0 for each
additional $ 1, 000 over $ 20,000.
10.00.
20.00 +1 . 5$0 for each
additional $ 1, 000 over $ 20,000.
50.00.
1305.02 PUBLIC BUILDINGS.
Building/ Zoning permits shall be issued without any fee for the
construction of all public buildings.
1305.03 PUBLIC USE FEES.
a) The owner or proprietor of each new subdivision for the purpose of
transfer of ownership of land, as a prerequisite to the approval of the final plat of
the subdivision, shall pay a public use fee, in addition to other fees, into the Park
Land Reserve Fund of the Municipality as follows:
1) For each lot shown on the plat of the subdivision for singlefamily
residence use, the sum of three hundred fifty dollars
350.00);and
2) For each lot intended for multi-dwelling use, the sum of three
hundred fifty dollars 3(5$0.00)for each dwelling unit permitted
to be constructed thereon under applicable regulations of the
Zoning Ordinance.
b) The owner or proprietor of each lot or parcel of ground in the
municipality, as a prerequisite to the issuance of a building or zoning permit for
new structures as required by the applicable ordinances of the Municipality shall
pay a public use fee, in addition to other fees, into the Park Land Reserve Fund
of the Municipality as follows:
1) For each single-family residence, the sum of three hundred fifty
dollars 3(5$0.00);
2) For each dwelling unit of a multi-dwelling structure, the sum of
threeh-undred fifty dollars 3(5$0.00)a;nd
3) For each commercial, office, business or industrial unit a public
use fee computed at a rate of eight hundred dollars 8(0$0.00)
per acre, provided that such fee shall not be less than three
hundred fifty dollars 3(5$0.00)per unit.
c) No owner or developer of land shall be required to pay the public use fee as established in subsection (b)hereof for construction upon or development
of any parcel of land for which a public use fee has been paid pursuant to the terms of subsection (a)hereof.
d) In lieu of the payment of the public use fees hereinbefore provided, the Manager, upon recommendation of the Planning Commission, may accept the dedication for public use of open spaces constituting a reasonable
proportion of the gross acreage of land subdivided for the purpose of transfer of ownership or of land for which a building or zoning permit has been requested, provided that such open spaces are suitably located and of adequate size to
1
1
provide for the public health, safety and general welfare; and further provided
that in no event shall the aggregate value of such dedicated land be less than
the equivalent public use fee otherwise payable and computed in accordance
with this section.
1305.04 COST REIMBURSEMENT
The subdivider, developer, or owner shall pay all costs incurred by
the Municipality, as the case may be, to inspect the improvements which are
installed, and to provide for the plat and plan review, including, but not limited to,
engineering costs and expenses.
Section 111: This ordinance shall take effect and be in full force from and after
the earliest date allowed by law.
Passed this
ATTEST:
End
G.kt 11. FnU.623 Clerk of Council
APPROVED AS TO FORM:
9/ g)Lr
Law director
day of CA
Mayor
1994.

Ordinance 36-1993

ORDINANCE NO. 36-93
1
1
BY:
dj
Our6<14
AN ORDINANCE TO ADD SECTION 1171.03a( )7()TO THE
CODIFIED ORDINANCES OF THE VILLAGE OF GRANVILLE
ESTABLISHING MAXIMUM LOT COVERAGE STANDARDS IN
PCD,PLANNED COMMERCIAL DISTRICT,AND PID,PLANNED
INDUSTRIAL DISTRICT.
NOW,THEREFORE,be it ordained by the Council of Granville,Ohio:
Section I: That Section 1171. 03a( )7()is hereby added to the Codified Ordinances of
Granville,Ohio,establishing Maximum Lot Coverage standards in PCD,
Planned Commercial District and PID,Planned Industrial District as
follows:
7) Maximum Lot Coverage in PCD and PID. Structures,service
areas,loading docks,parking areas and pedestrian sidewalks shall be
limited to seventyf-ive 7( 5%ofth)e total site area. A maximum credit of
five percent 5( %add)itional lot coverage under PCD and PID may be
granted by the Planning Commission for each of the conditions met in
Section 1171.03b( )4().In no case shall the lot coverage exceed ninety
percent 9( 0%ofth)e site,not including publicly dedicated roadways in the
calculations.
Section II: That this ordinance shall take effect and be in force from and after the
earliest date allowed by law.
Passed this
ATTEST:
Clerk of Council
APPROVED AS TO FORM:
Law Director
day of
Mayor
1993.

Ordinance 35-1993

ORDINANCE NO. 35-93
1
1
BY: Cre,VAN«ORDINANCE TO AMEND SECTION 1171.03b( )4()OF THE
CODIFIED ORDINANCES OF THE VILLAGE OF GRANVILLE AND
TO REPEAL EXISTING SECTION 1171.03b( )4()OF THE CODIFIED
ORDINANCES.
NOW,THEREFORE,be it ordained by the Council of Granville,Ohio that:
Section I: Existing Section 1171.03b( )4()ofthe Codified Ordinances ofthe Village of
Granville,Ohio is hereby repealed.
Section II: Section 1171.03b( )4()ofthe Codified Ordinances ofthe Village of
Granville,Ohio,is hereby adopted as follows:
4) LandDedicationD/evelopment Incentives. It is the intent ofthe Planned
Districts to be an asset to the surrounding communio'and as such,land dedication
is required and development incentives may be granted by the Planning
Commission. By providing one of the following shall be considered the required
land dedication. By providing two or more of thefollowing shall be considered
as the development incentive. One Ofthe following can be doubled to be
considered as a development incentive. Ailland to be dedicated shall be subject
to approval of the Planning Commission as land suitablefor the specified use.
The Planning Commission shall determine the land suitable through
recommendationfrom Village Staff,Tree and Landscape Commission,School
Board or any other applicable committees.
A. Dedicatedparkland -The land dedication requirement shall be that five
percent5 (%of th)e total gross site area,plus 0. 5 acres per dwelling unit
proposed,shall be set aside as open space. Uses other than residential,
the land dedication requirement shall be 5 (%of t)he total gross site area,
plus.05 acres per 1500 squarefeetof lot coveragei n (cluding all
buildings and pavement areass)h,all be set aside as open space.
Dedicated school site -The amount of acreage to be determined by the
Planning Comdssion upon recommendation of the School Board
Representative on the Commission.
Dedicatedmunicipal service site -The amount of acreage to be
determined by the Planning Commission upon recommendation of Village
Manager.
D. Private Recreational Facility -If the resulting land dedication is
determined to be of insujficient size or inappropriately located,or if
public ownership and operation of such recreational areas is notfeasible,
the Municipality may request that an applicant planfor the provision of
privatelyfinanced and ownedrecreationalfacilities. Suchprivate park
areas shall be not less than sixtyji-vepercent6 (5%of th)e land area otherwise required under subsectiona ()hereof,provided that suchpark
area shall be privately developedfor recreational uses. Privately
developed recreationalfacilities used to meet the requirements of this
section shallbefor generalpublic use. The applicant shall be required to indicate:
1) The proposed size and location ofthe parkarea.
2) The proposed recreationalfacilities and site improvements to be made.
B
C
1
1
4)
7)
8)
3) A schedule indicating how actual construction of the proposed
park and improvements are to be phased in relation to the overall
project phasing.
How both ownership and maintenance Of such park areas is to be
undertaken.
Pavment Fee in lieu ofLand Dedication -Should any of the previous
options be deemed inappropriate or not feasible,the Municipality may
request an applicant to make apayment in lieu of land dedication. The
per unit f o(r uses other than residential,per acref)eewill be collected
at the time final plat or final development plan approval is requested and
shall be based on the total number ofunits o r(acreagec)ontainedwithin
the final plat orfinal development plan as determined by using the
followingformula:
4)
5)
6)
1)
2)
3)
Total site gross acreage
Required landdonation:1 ()x .05
Total number of dwelling units U (ses other than residential,total
acreage)
Required land donation3: (x) .05
Total landdonation2: () 4+) (
Estimated average value of land per acre shall be established
every two years by resolution of Council based upon the
recommendation ofa qualijied land appraiser retained by the
Village to research recent real estate transactions andprovide
Council with a suggestedprice per acre for raw landwithin the
Village.
Value of land donation:6 (x) 5()
Per unito (r per acref)ee: 7 ()dividedby 3()
This payment will be paid into the either the Park Land Reserve Fund or Special
School Fund as determined by Council upon recommendation of the Planning Commission.
Section III:
Passed this
ATTEST:
This ordinance shall take effect and be in full force from and after the
earliest date allowed by law.
Clerk of Council
APPROVED AS TO FORM:
day of
Mayor
1993.
Law Director
E

Ordinance 34-1993

ORDINANCE NO. 34-93
BY:
AN ORDINANCE TO AMEND ORDINANCE NO. 49-92 PROVIDING FOR
ADJUSTMENTS OF THE ANNUAL BUDGET FOR THE FISCAL YEAR
1993 AND REVISING SUMS FOR OPERATING EXPENSES.
WHEREAS, pursuant to the provisions of Section 2.08 of Article 11 of the Charter
of the Village of Granville, Ohio, the Village Council is authorized to adopt the
Municipal Budget for the fiscal year beginning January 1, 1993 and ending December
31, 1993, and;
WHEREAS, the Manager has recommended appropriations to supplement
previously made appropriations.
NOW, THEREFORE, be it ordained by the Council of Granville, Ohio, that:
Section I: The annual budget of the Village of Granville, as established by
Ordinance No. 49-92, be amended by the Council, as recommended by
the Manager, and is hereby adopted.
Section 11: To provide for Operating Expenditures in the General Fund during the
fiscal year ending December 31, 1993, the following appropriations hereby made in the General Fund: are
Account No.
Al -7E-250
Account
Capital Outlay -
Electrical Emergency Generator
Add
14,000
Section Ill: That this Ordinance shall take effect and be in full force from and after the
earliest period allowed by law.
Passed this - day of hezey,lbtr 1993.
Attest:
Ld_2 1 6 «- . Clerk of Council u
Approved as to Form:
02ajLA Law Di#6ctor
1
Mayor

Ordinance 33-1993

ORDINANCE NO. 33-93
1
BY: ff\ G, r,shN 1
AN ORDINANCE TO AMEND SECTION 925.18 OF THE CODIFIED
ORDINANCES OF THE VILLAGE OF GRANVILLE ESTABLISHING
WATER REGULATIONS AND CHARGES AND TO REPEAL EXISTING
SECTION 925.18 OF THE SAID CODIFIED ORDINANCES.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF GRANVILLE,
OHIO, that:
Section I: Section 925.18 of the Codified Ordinances of Granville, Ohio, is hereby
amended to read as follows:
925.18 RATES FOR RESIDENTIAL AND BUSINESS CONSUMERS.
The prices to be charged for water furnished by the Water Division to
residential and business consumers situated in the municipality are
hereby fixed as follows:
a) If the total water used in any one (1) month period is 1000 gallons or
less, there shall be a charge of two dollars and eightyf-ive cents 2(.$85).
b) If the total water used in any one (1)month period is more than 1000
gallons, the charge for all water used shall be at the rate of two dollars
and eightyf-ive cents 2(.$85)per 1000 gallons or for any fractional part thereof.
c)All utility accounts will be charged at least a minimum monthly utility
bill unless the water service has a final reading or is shut off at the curb
stop by tlie Granville Utilities Department.
Section 11: Existing Section 925.18 of the Codified Ordinances of Granville, Ohio, is hereby repealed.
Section 111: This ordinance shall take effect and be in force from and after the earliest
date allowed by law.
Passed this
Attest:
19
60L(L2 YVIA
Clerk of Council
Approved ast*In:
948*127*1 Law Dir6#tor
day of bu
00
Mayor
1993.
r
1

Ordinance 31-1993

ORDINANCE NO. 31-93
BY· &
,
ULE»
AN ORDINANCE TO AMEND ORDINANCE NO. 49-92 PROVIDING FOR
ADJUSTMENTS OF THE ANNUAL BUDGET FOR THE FISCAL YEAR 1993 AND
REVISING SUMS FOR OPERATING EXPENSES.
WHEREAS, pursuant to the provisions of Section 2.08 of Article 11 of the Charter of the Village of
Granville, Ohio, the Village Council is authorized to adopt the Municipal Budget for the fiscal year
beginning January 1, 1993 and ending December 31, 1993, and;
WHEREAS, the Manager has recommended appropriations to supplement previously made
appropriations.
NOW, THEREFORE, be it ordained by the Council of Granville, Ohio, that:
Section I:
Section
The annual budget of the Village of Granville, as established by Ordinance No. 49-92, be
amended by the Council, as recommended by the Manager, and is hereby adopted.
11: To provide for Operating Expenditures in the General Fund during the fiscal year ending
December 31, 1993, the following appropriations are hereby made in the General Fund:
Account No.
Al-1-A-230
Al-7-A-211
Al-7-C-211
Al -7-D-280
Al-7-E-212
Al -7-E-230
Al -7-E-260
Account
Contractual Services
Salaries /Wages
Salaries /Wages
Refunds
Employee Benefits
Contractual Services
Debt Service
Add
3,000
1,200
1, 050
1, 500
20
10,345
540
Section 111: To provide for Operating Expenditure in the Sewer Fund during the fiscal year ending
December 31, 1993, the following appropriation are hereby made in the Sewer Fund:
Section
Section
Account No.
E2-5-G-211
E2-5-G-240
E2-5-H-211
Account
Salaries /Wages
Supplies /Materials
Salaries /Wages
Add
1, 135
7,340
2,500
IV: To provide for Operating Expenditures in the Water Capital Improvements Fund during
the fiscal year ending December 31, 1993, the following appropriations are hereby made in the Water Capital Improvements Fund:
Account No.
E91-5-E-260
Passed this
Account
Debt Service
Add
509,261
VI: That this Ordinance shall take effect and be in full force from and after the earliest period allowed by law.
2&
j1 day of
Attest:
CLlerkGof CoEuncilg rh,LibJ
Approved as to Forifi)
9-12/jL / #
V. , Lawcto r[*
Nwonbv
Mayor
1993.
i
j
t
i

Ordinance 30-1993

ORDINANCE NO. 30-93
1
BY: MQ.r*AL/1
AN ORDINANCE TO AUTHORIZE THE VILLAGE MANAGER TO ENTER
INTO A LEASE AGREEMENT WITH SENSIBILITIES, INC.,FOR LEASE
OF THE MUNICIPAL BUILDING LOCATED AT 118 SOUTH MAIN
STREET FOR A TERM OF FIVE YEARS WITH TWO FIVE YEAR
OPTIONS.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF GRANVILLE,
OHIO, that:
Section I: The Manager should be, and hdreby is directed and authorized to
enter into a certain lease agreement substantially in the form of
that which is attached hereto, marked "Exhibit A",and made a part
thereof.
Section 11: This ordinance shall take effect and be in full force from and after
the earliest period allowed by law.
Passed this
Attest:
11D- day of \
3e£
rautl_f
O
l.6 .MG-Qub Clerk of Council /
Approved as to Form:
t d I #Ek*,
Law Director
1994.
Mayor
AGREEMENT OF LEASE
The Village ofGranville,Ohio,h (ereinafter,Lessor,Landlord,orMunicipalitya),nd Sensibilities,Inc.,h e(reinafter,
Lessee or Tenant)h,ereby agree as follows:
1.0 Leased Premises:
Landlord,in consideration of the rents to be paid,the representations of Lessee set forth herein and the covenants to
be performed by Lessee hereunder,leases to Lessee and Lessee,in consideration of the representations of Landlord
set forth herein and the covenants to be performed by Landlord hereunder,leases from Landlord for the term
contained herein and subject to the representations,covenants and conditions established hereinafter the following described premises.-_ .
h.1 I
2.0 Term
L-
118 South Main Street
Granville,Ohio
The term of this lease is for five, 5( )c,alendar years commencing on April 1, 1994,and ending on March 31, 1999, subject to the options set forth in Section 2.1,below,A (d"ditional Termsa"n)d, Section 2.2,below,R e(s"trictions on Additional Terms").
2.1 Additional Terms:
If Lessee faithfully performs all obligations of Lessee as set forth herein the Lessee shall have the option to renew this lease for an additional five,5 ()y,ear period commencing April 1, 1999,and ending on March 31, 2004. In addition,if Lessee faithfully performs all obligations as set forth in this lease or in any lease instrument executed relative to the first additional term set forth above,1 (9992- 004)th,en Lessee shall have the option to renew this any subsequent lease for a second additional term of five, 5 (), or 31,2009. The options for additional years commencing April 1, 2004,and ending March terms are contingent upon the faithful performance ofall obligations imposed luepaosne.Lessee by this or any subsequent amendments to this lease and the restrictions set forth in Section 2.2 of this
Restrictions of Additional Terms:
In order for Lessee to exercise either ofthe options for an additional term set forth in Section 2.1,above,Lessee must notify Lessor in writing ofthe desire to exercise the option. Such notification shall be no earlier than one hundred eighty,1 (80)d,ays prior to the expiration ofthe then in effect lease term and not later than ninety,9 (0)d,ays prior the expiration of the then in effect lease term. to
3.0 Rent
Lessee will pay Landlord as rent for the premises during the term ofthis lease the base amount offortyf-our thousand four hundred dollars,4 4($,400.00.a)c,cording to the following schedule:
11' ' 1 1
22
I ''
A) FIRST 5 -YEAR TERM:
During the first three, 3 ()m, onths of this lease,no rent shall be due. During the second three, 3 ( )m,onths
of this lease,the sum offour hundred dollars,4 0(0$.00)p,er month. During the remaining fiftyf-our,5 (4),
months of the first lease term,the sum of eight hundred dollars, 8 (00.00)p,er month.
B) FIRST 5-YEAR RENEWAL TERM:
The base amount of fortye-ight thousand dollars,4 (8$,000.00)p,ayable in monthly installments of eight
hundred dollars,8 0($0.00)a,djusted for the five,5 ()y,ear renewal term as measured by the change in the U.S. Department ofLabor's Consumer Price Index C( .P.I.)f,or the previous five, 5( )y,ear term. For
purposes of adjustment according to the increase in the C.P.I.,1994 shall be treated as the base year.
C) SECOND 5-YEAR RENEWAL TERM:
The base amount equal to the base amount of the previous five, 5 ()y,ear term,payable in sixty, 6 (0)e,qual monthly installments,adjusted for the five, 5( )y,ear renewal term as measured by the change in the C.P.I. that occurred during the previous five,5 ()y,ear term.
All monthly installments set forth herein are due and payable on the first, 1 (1,day of each month of the term specified.
4.0 Renovations and Improvements
As additional consideration,Lessee represents and covenants to cause certain permanent renovations and improvements to be made to the premises including;the, a( )r,enovation and redesign ofthe interior ofthe structure; the, b( )r,epair and refinishing ofthe existing flooring or its repair and carpeting;the, c ()r,epair ofthe existing exterior doors;the, d ()r,eplacement ofall exterior lighting;the, e ()in,stallation of two, 2 ()n,ew HVAC systems designed to separately service the first and second floors ofthe premises;the,f ()r,emodeling or reconstruction ofa handicap accessible restroom on the first floor;and,the, g ()s,craping and painting ofall exterior wood surfaces.
It is understood that all permanent renovations and permanent improvements,whether set forth herein or subsequently made,must receive prior approval ofthe proper municipal authorities whether ofthe Planning Commission,the Board ofZoning and Building Appeals,or of Village Council. All Village Ordinances,regulations and procedures will be applicable to the consideration of renovations and improvements.
All renovations and improvements listed above shall be completed within the first year ofthe lease term. Permanent renovations and improvements made shall become a part ofthe premises and shall become property ofthe Village. Except as provided under Section 4.1 &6.0 herein,the Village shall not be obligated to compensate Lessee in any rmeanonvnaetrioanssa consequence ofthe renovations or improvements made to the premises it being understood that such and improvements represent one ofthe conditions precedent to this lease.
4.1 Effect of Lease Termination on Renovations and Improvements:
It is understood by the parties that the renovations and improvements set forth in Section 4.0,or subsequently approved and made,represent a substantial addition to the value ofthe property. These improvements,although a condition to this lease,would not be made but for the anticipation ofthe parties that Lessee will be able to exercise the options set forth in Section 2.1. In consideration thereof,it is agreed that the total cost ofthe renovations and improvements set forth in Section 4.0,or subsequently approved and made,will be assigned a useful life equal to fifteen, 1(5)y,ears.
If the whole or any part of the demised premises shall be acquired or condemned by eminent domain for any public
or quasi public use or purpose,then Lessor and Lessee agree as to the total cost of the renovations and improvements
set forth in Section 4.0,or subsequently approved and made,that the village shall return to Lessee that sum equal to
the unrealized benefit to Lessee of the renovations and improvements made to the property. This amount shall be
calculated by multiplying the total costs of the agreed upon renovations and improvements by a fraction,the
numerator ofwhich shall be fifteen (15)minus the number of full years the premises was occupied by Lessee and the
denominator of which shall be fifteen (15).This agreement by Lessor and Lessee as to the return of these amounts
reflecting the unrealized benefit to Lessee of the renovations and improvements made to the property is limited to
those items only,and is not intended to set or establish any other amounts which Lessee may claim of as a consequence such acquisition or condemnation,or in anyway otherwise impact the respective rights of the Village or Lessee in
the event of such acquisition or condemnation.
Should this lease or any subsequent lease terminate as a consequence of a breach of the terms of the lease by Lessee,
no payments for any unrealized benefit shall be due Lessee. In addition,should Lessee determine not to exercise any of the options granted by virtue of this Agreement,no amounts will be due Lessee for any of the unrealized benefit to Lessee of the renovations and improvements made to the property.
5.0 Use of Premises
Lessee will not commit or suffer any waste in the premises, use the premises or permit them to be used for any unlawful purpose,or any purpose not permitted within the Zoning district for the premises,or any dangerous, noxious or offensive activity or cause or maintain any nuisance in the premises. At the end of the term of this lease, Lessee will deliver up the primacies in as good an order and condition as they now are,or may be put by Lessor or Lessee,reasonable use and ordinary wear and tear thereof and damage by fire or other casualty excepted.
6.0 Damage or Destruction to Premises
If fire or other casualty shall cause the demised premises or the building in which they are situated to be destroyed, or damaged to such an extent as to amount practically to total destruction thereof,or if the damage caused thereby cannot be reasonably repaired within sixty 6(0)days from the happening of such fire or other casualty,then in any of said events,the term hereby created,shall,at the option of the Lessee,cease and become null and void from the date of such damage or destruction,upon written notice given by the Lessee not later than fortyf-ive 4(5)days from the happening of such fire or other casualty,and the rent shall be apportioned to the time ofsuch damage or destruction. In all other cases where the demised premises are destroyed or damaged by fire or other casualty,Lessor shall repair the damage with reasonable dispatch,and if such damage has rendered the premises untenantable in whole or in part,there shall be an apportionment ofthe rent until the damage has been repaired. In determining what constitutesr e"asonable dispatchc"o,nsideration shall be given to delays caused by strikes,adjustments ofinsurance and other causes beyond the Lessor's control. In the event ofany casualty,insurance proceeds paid to cover losses for improvements,additions,repairs,etc.made by Lessee shall be prorated between Landlord and Lessee based on a fifteen,1 (5)y,ear period in the same manner as set forth in Section 4.1.
7.0 Maintenance,Repairs,Utilities,Insurance and Taxes
Lessee shall be responsible for all utility and real estate tax charges.Landlord shall be responsible for all assessments. Lessee shall be responsible for all routine maintenance and repairs to the interior and exterior ofthe premises. Any repairs or maintenance required to the premises outside the scope ofnormal,customary and routine maintenance shall be the responsibility ofLessor unless such repairs or maintenance are determined to be required as raecpolancseemqueenntce ofthe acts or failures to act ofLessee. Except as set forth in Section 4.0,repairs,maintenance and under the ofroofs,exterior walls,foundations,structural elements,components and members,utility services main floor,utility services exterior to the building,and major mechanical and electrical units and
components thereof shall not be considered as normal,customary and/ or routine and shall be the responsibility of
Landlord. Improvements shall be the responsibility of Landlord.
Lessee shall permit Lessor and its agents to enter into and upon the premises at all reasonable times for the purpose
of inspecting the property or maintaining the property or making repairs,improvements or alterations.
Lessee shall obtain and maintain from a company or companies providing insurance in the State of Ohio fire and
extended coverage insurance on the premises and any improvements made thereto in a minimum amount of twohundredt-
wentys-even thousando-neh-undredf-ive dollars 2(2$7,105)a,nd shall obtain and maintain liability
insurance for loss from accident resulting in bodily injury to or death of persons in a minimum amount of onemillion
dollars per person and twom- illion dollars per occurrence1 (,0$00,0002/,$000,000)L.essee shall cause the
Village of Granville to be named as additionally named insured under such policy or policies.
8.0 Assignment and Sublease
Lessee will not assign this lease or sublet the premises,or any part thereof,without the prior written consent of Lessor which consent can not be unreasonably withheld.
9.0 Default
In the event that;a ()the rent,or any phrt thereof,remains unpaid for fourteen,1 (4)d,ays after it becomes due;b () Lessee's interest herein is sold under execution or other legal process;c ()Lessee makes an assignment for the benefit of creditors;d ()any proceeding in bankruptcy or for a wage earner's plan,an arrangement or reorganization,or any other proceeding under any insolvency law,is instituted by or against Lessee;e ()a receiver or trustee is appointed for the property of Lessee;or 0( Lessee fails to keep any of the other covenants of this lease,it will be lawful for Lessor to reenter and repossess the premises and thereupon this lease shall terminate.
Upon Lessors' determination that Lessee is in default of any of the terms,conditions or covenants established by this Agreement,Lesser shall advise Lessee of such default in writing setting forth the particulars of such default. Thereafter,Lessee shall have fourteen,1 (4)d,ays within which to cure such default. Should Lessee within the time established,then and in that event,Lessee shall cure such default not be considered to be in breach of this Agreement.
10.0 Quiet Enjoyment
Lessor agrees that ifLessee pays the rents and keeps and performs the covenants ofthis lease on the part ofLessee to be kept and performed,Lessee will peaceably and quietly occupy the premises during the term hereofwithout any hindrance,ejection or molestation by Lessor or any person lawfully claiming under Lesser.
11.0 Binding Effect
This lease and the agreements ofLessor and Lessee contained herein shall be binding upon and inure to the benefit ofthe heirs,executors,administrators,successors and assigns ofthe respective parties.
IN WITNESS WHEREOF,Lessor and Lessee have executed this
Agreement on the day of Lk.
Signed and acknowledged in presence of:
LL ak-rfliDQu_) 9
o
1gnithL«n Mid
u)90'41/ 0
1994.
N.4W3MA>VdillLasettA,ftY; er
Less0er'l-4C- .jqrnfcr<quf,lt·e_
poill'L" 2,
4 ,
Lessee
STATE OF OHIO,COUNTY OF LICKING,ss:
Before e,a Notary Public, in and for said county and state,personally appeared the above- named
kanndown to e to be the Lessors in the foregoing instrument,and who acknowledge that they did sign said instrument that the same is their free act and deed.
IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal
this z#4Eday of 7 >.d- 1994,at t,##u*U .Ohio.
NOTARY PUBLIC SHIRLEY A.ROBERTSON
Notary Public,State of Ohio
My commission e*pires 8-5-98 STATE OF OHIO,COUNTY OF LICKING,ss:
BFEoIr#eMmper,Ia N+1o4tr#y1P4 ublaincd *fo*rs,aid colmly and state,personally appeared the above named ftr\ E d-i J{AN- I O 0. A· DCIS
known to me to be the Lessee in the foregoing instrument and that the same is its free act and deed.
IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal
this 43 dayof *Gj 1994,at 1 /0/ 0#( / Ohio.
1-111.4j
NOTARY PUBLIC
BERNICE W. KUHN,·
Nothry Pllbfic;State of Ohio
My commission. expirds 9.18-97
Exh;6,Tri

Ordinance 29-1993

ORDINANCE NO. 29-93
1
1
BY: C
fal/4-0
AN ORDINANCE TO AMEND SECTIONS 171.03 AND 171. 14 OF CHAPTER
171 OF THE CODIFIED ORDINANCES OF GRANVILLE, OHIO,
ESTABLISHING INCOME TAX REGULATIONS AND TO REPEAL EXISTING
SECTION 171. 03 AND 171. 19 (c)AND 171. 19 (d).
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF GRANVILLE, OHIO,
that:
Section I: That Section 171. 03 of the Codified Ordinances of Granville, Ohio, is
hereby amended by changing the rate levied to read as follows:
d)
171. 03 IMPOSITION OF TAX
Subject to the provisions of Section 171. 20, an annual tax for the
purpose specified herein is hereby levied at the rate of one and
oneh-alf percent (1.5%pe)r year on the following:
a) On all salaries, wages, including sick and vacation pay,
commissions and other compensation earned by residents during
the effective period of this chapter.
b) On all salaries, wages, including sick and vacation pay,
commissions and other compensation earned by nonresidents for
work done or services performed in the Municipality during the
effective period of this chapter.
c) 1 () On the portion attributable to the Municipality of the net
profits earned during the effective period of this chapter, of
all residents associations, unincorporated businesses,
professions or other entities, derived from sales made, work
done, services performed or rendered or business or other
activities conducted in the Municipality.
2) On a resident partner's or owners share of the net
profits earned during the effective period of this chapter of a resident association or other unincorporated entity not
attributable to the Municipality and not levied against such
association or other unincorporated entity.
1) On the portion attributable to the Municipality of the net profits, earned during the effective period of this chapter, of
all nonresident associations, unincorporated businesses,
professions or other entities, derived from sales made, work
done or services performed or rendered or business or other activities conducted in the Municipality, whether or not such association or other unincorporated entity has an office or place of business in the Municipality.
2) On a resident partner's or owner's share of the net profits earned during the effective period of this chapter of a nonresident association or other unincorporated entity not attributable to the Municipality, and not levied against such association or other unincorporated entity.
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1
e) On the net profits earned during the effective period of this
chapter of all corporations derived from sales made, work done or
services performed or rendered, and business or other activities
conducted in the Municipality whether or not such corporations
have an office or place of business in the Municipality.
Section 11: That Section 171. 14 of the Codified Ordinances of Granville, Ohio, is
hereby amended by changing the rate of interest and adding subsection
c),to read as follows:
171. 14 INTEREST AND PENALTIES.
a) All taxes imposed and moneys withheld or required to be
withheld by employers under the provisions of this chapter,
remaining unpaid after they become due, shall bear interest at the
rate of one percent per month.
b) In addition to Interest as provided in subsection (a)herein,
penalties for failure to pay taxes and to withhold and remit taxes
pursuant to the provisions of this chapter are hereby imposed as follows:
1) In the case of taxpayers failing to pay the full amount of
tax due, a penalty of the higher of five dollars5 (.0$0)or one
percent per month of fraction thereof of the amount of the
unpaid tax, if the tax is paid during the first six months after
such tax became due; a penalty of two percent per month, or fraction thereof of the unpaid tax, if such tax is paid between
the seventh and twelfth months after such tax became due;
and a penalty of four percent per month, of fraction thereof
of the amount of the unpaid tax, if such tax is paid later than
twelve months after it became due. The percentages herein
specified when used shall apply from the first month of
delinquency.
2) In the case of employers who fail to withhold and remit
to the Tax Commissioner the taxes to be withheld from
employees, a penalty of the higher of ten dollars 1(0$.00)of
two percent per month, or fraction thereof of the unpaid
withholding, if paid during the first three months after it was due; a penalty of four percent per month, or fraction thereof
of the unpaid withholding if paid during the fourth to sixth
month, inclusive, after it was due; and a penalty of five
percent per month or fraction thereof the unpaid withholding,
if paid later than six months after it was due.
c)In addition to interest and penalties as provided in subsections a( ) and b( )herein, penalties for Failure to File any return required by this chapter, whether annual or for any shorter period, within the times permitted by this chapter are imposed as follows:
PENALTY
25.00
50.00
100.00
COMPLETE TAX RETURN IS FILED
Not more than 30 days after due date.
More than 30 days but less than 120 days after due date. More than 120 days after due date.
Section 111: That Section 171. 19 of the Codified Ordinances of Granville, Ohio is fhoellroewbsy:amended by deletion of subsections c( )and d( )t,o read as
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171. 19 CREDIT FOR TAX PAID TO ANOTHER MUNICIPALITY.
a) Effective January 1, 1987, every individual taxpayer who
resides in the Municipality and who receives salaries, wages,
commissions or other compensation or net profits from sales made, work
done or services performed or rendered outside of the Municipality if it be
made to appear that he has paid a Municipal Income Tax on such income,
taxable under this chapter, to another municipality shall be allowed a
credit against the tax imposed by Section 171.03 in an amount equal to
fifty percent (50%of t)he amount of tax imposed by Section 171. 03 or in
the amount of tax so paid by him or in his behalf to such other
municipality, whichever is less.
b) Notwithstanding the provisions contained in Section 171. 16, or
any other provisions inconsistent herewith, a claim for refund or credit
under this section shall be made in such a manner as the Tax
Commissioner may by regulation provide. No such claim for refund of
credit under this section shall be allowed unless made on or before the
date of filling the taxpayer's final return unless such taxpayer's employer
files with the Tax Commissioner a list showing the tax withheld from such
taxpayer's wages, salaries or commissions for other municipalities.
Section IV: That this ordinance shall be in full force from and after the earliest period allowed by law.
Passed this 1.-- day of Novoriba- 1993.
Attest:
Clerk of Council
Approved as to Form:
11 1 --'
Law pirector
Mayy
3

Ordinance 28-1993

ORDINANCE NO. 28-93
1
1
By·
Leq
AN ORDINANCE TO ACCEPT THE FACILITIES INSTALLED IN THE PHASE ONE
SEGMENT OF THE GLEN AT ERINWOOD BY THE MURPHY GROUP, INC.,
WITH CONDITIONS.
WHEREAS, on January 30, 1991, by Ordinance No. 1-91, the Granville Village Council
approved the Development Plan for Erinwood, and;
WHEREAS, Section Five of the said Ordinance No. 1-91 approved Phase I of the development, and;
WHEREAS, construction of the public utilities appurtenances, road base, curb and gutter
facilities, and storm sewers in the Phase I segment of the Glen at Erinwood is now complete and approved by the Village's Engineer.
NOW, THEREFORE, be it ordained by the Council of Granville, Ohio, that:
Section I:
Section 11:
Section 111:
Section IV:
Section V:
Section VI:
Passed this
Attest:
Galway Drive, Longford Drive, and Kerry Court segments of the public facilities
constructed by the Murphy Group, Inc. as part of the improvements to serve
Phase I of the Glen at Erinwood Development, in accordance Ordinance with by Section V of No. 1-91, are hereby accepted.
The Murphy Group, Incorporated, owner/ developer of the Erinwood Planned Unit
Development, shall withhold application of the final course of asphalt on roads
within the Phase I segment of the Glen at Erinwood G( alway Drive, Longford Drive, and Kerry Court), for a period of one year from the effective date of this ordinance
and shall then, apply the two inch travel or finish course of asphalt to those streets at the owners sole expense.
Village Council hereby withholds its acceptance of the traffic islands located in the
center of the cul-de-sacs of Longford Drive and Kerry Court, which traffic islands
the Murphy Group, Inc.,will remove within one year of the effective date of this ordinance at the sole expense of the Murphy Group if the Village Council so chooses.
Acceptance of the facilities as set forth in this ordinance shall conform in all
respects to the conditions set forth in Section V of Ordinance No. 1-91.
The Murphy Group, ownerd/eveloper of the Erinwood Planned Unit Development shall install sidewalks along one side of Galway Drive, Longford Drive, and Kerry Court within five years from the effective date of this ordinance at the owners' sole
expense, without regard to the number or placement of completed housing units.
That this ordinance shall take effect upon the earliest date allowed by law.
670 day of 05- 1*6 1993.
Clerk of Council
ildId 1 11 /«al
Lawpfi@for 4- '
Mayor

Ordinance 27-1993

ORDINANCE NO.27-93
1
AN ORDINANCE AMENDING THE GRANVILLE ZONING ORDINANCE AND
ACCOMPANYING MAP THERETO, BY AMENDING THE CLASSIFICATION OF
THE ZONING DISTRICT FOR A CERTAIN FIVE ACRE PARCEL OF LAND
DESCRIBED HEREIN AND LOCATED AT 1960 NEWARK-GRANVILLE ROAD
FROM PUD, PLANNED UNIT DEVELOPMENT TO SBD, SUBURBAN
BUSINESS DISTRICT.
WHEREAS, on August 13, 1993, an application was filed by the owner of the of five acres property known at 1960 Newark-Granville Road requesting a change in zoning district and classification of said property from PUD, Planned Unit Development to SBD, Suburban Business District, and;
WHEREAS, said application was submitted to the Planning Commission, which, after a public hearing in accordance with the provisions of Section 1143.03 a( )b,()c,)(a,nd d( )of the Granville Codified Ordinances, recommended to this Council on September 20, 1993, that said application be approved, that is, the rezoning of the property from PUD, Planned Unit Development to SBD, Suburban Business District, and;
WHEREAS, the Granville Planning Commission recomm6nded approval of the rezoning application on September 20, 1993, and the Village Council conducted its public hearing on that recommendation October 20,-1993, in accordance with Section 1143.04 (F) through (H),of the Granville Codified Ordinances, and;
WHEREAS, this Council, by a vote of a majority of the full membership thereof, appfoved the Planning Commission's recommendation,
NOW, THEREFORE, Be It Ordained By The Council of Granville, Ohio:
Section I: That the Granville Planning Commission's recommendation to reclassify the said property as SBD, Suburban Business District, which is attached hereto and marked Exhibit A" "b,e and is hereby adopted by a majority vote of the full membership of Council.
Section 11: That the Granville Codified Ordinances, and accompanying map thereto are hereby amended insofar as the same relates to a certain five acre parcel of land located at 1960 NewarkG- ranville Road from PUD, Planned Unit Development to SBD, Suburban Business District, herein described in the legal description hereto attached and marked Exhibit "B".
Section 111: That this ordinance shall take effect upon the earliest date permitted by law.
idrd- r
Passed this L/ day of Nbvernbo, 1993.
Attest: 1/
Clerjk&orfdC,o u-ncbil f .FlL/. _)
Approved as to form:
2 2 -_ -g - L= -r/' LawW [h)etor
Mayor 1-
ZONINGINSPECTOR 614)587-2763
TO:
From:
Date:
Re:
VEa£g£e of t@anuClE[
DEPARTMENT OF ZONING
141 E BROADWAY
P 0 BOX 514
GRANVILLE OH 43023-0514
MEMO
Village Council
Granville Planning Commission
September 23, 1993
George Fackler's rezoning request.
At the September 20th meeting,the GPC held a public hearing on the request from
George Fackler to rezone his five acres ofproperty at 1960 Newark-Granville Road. The
request was to rezone the property from Planned Unit Development P(UD)to Suburban
Business District (SBD).
Mr. Fackler provided the GPC with a preliminary sketch plan for the property.
The plan shows the primary access from Newark-Granville Road and future accesses from
Cherry Valley Road and South Galway Drive. The GPC believes primary access should
be located on Cherry Valley Road with secondary access from South Galway Drive. The
GPC recommends that no access be provided onto Newark-Granville Road due to traffic
increase caused by commercial uses. The development plan for the property is in no way binding to the acceptance ofthe rezoning request. The development plan for the property
can be worked out in future work sessions when Mr. Fackler is prepared to develop the property.
The GPC believes that the request meets all the criteria of Section 1143.03 and is
in compliance with the Comprehensive Plan ofGranville. The five acres ofproperty at 1960 Newark-Granville Road is recommended to be rezoned to Suburban Business
District. This will allowMr. Fackler make application for development ofmixed commercial uses governed by the n"ewly adopted"Chapter 1175 ofthe Codified ordinances of Granville,Ohio.
Respectively submitted by,
Zoning Inspector
Exh,6,0
1
Situated in the State of Ohio, County of Licking and Township of
Granville and being in Township 2, Range 13 of the U. S.M. Lands and
in Section 4 and being part of the Third Range of Lots as surveyed
by' the Licking Land Company and bounded and described as follows:
Beginning at a spike set in the intersection of the centerlines of
County Road 539 (Newark- Granville Road) and County Road 128 (Cherry
Valley Road);
Thence South 2 degrees 18' 00" West, along the centerline of County
Road 128, a distance of 407. 19 feet to a spike set;
Thence North 71 degrees 09' 13" West, passing an iron pin set at
31. 30 feet, a total distance of 558. 00 feet to an iron pin set;
Thence North 2 degrees 18' 00" East, passing an iron pin set at
375. 89 feet, a total distance of 407. 19 feet to a spike set in the
centerline of County Road 539;
Thence South 71 degrees 09''13" East, along the centerline of
County Road 539, a distanceof 558. 00 feet to the place of
beginning.
Contains 5. 00 Acres, according to a survey made by William B.
Henderson, Registered Surveyor No. 5242 made in September of 1988.
Being part of the same real estate conveyed by Newark AspMalt
Paving Co. to Northtowne Properties Co. by deed dated March 30,
1982, and recorded in Volume 822, Page 776 of Deed Records, Licking
County, Ohio.
Subject to all legal highways, all limitations of access to public
roads or highways, leases and rights of way, zoning regulations,
easement of record and restrictive covenants.
Premises are subject to taxes and special assessments, if any,
which shall be prorated to the date of closing, and other
conditions and restrictions of record, if any.
4 .
l.,
Exh,61,- 8- 't t

Ordinance 26-1993

ORDINANCE NO. 26-93
1
1
BY: A-rho-02.-'
AN ORDINANCE TO APPROVE AND ADOPT CURRENT
REPLACEMENT PAGES TO THE CODIFIED ORDINANCES; AND
DECLARING AN EMERGENCY.
WHEREAS, certain provisions within the Codified Ordinances should be
amended to conform with current State law as required by the Ohio Constitution; and
WHEREAS, various ordinances of a general and permanent nature have been
passed by Council which should be included in the Codified Ordinances; and
WHEREAS, Council has heretofore entered into a contract with the Walter H.
Drane company to prepare and publish such revision which is before Council;
NOW THEREFORE, be it ordained by the Council of the Village of Granville, State of Ohio that:
Section I:
Section 11:
The ordinancds of Granville, Ohio of a general and permanent revised, nature, as recodified, rearranged and consolidated into component codes,
titles, chapters and sections within the 1993 Replacement Pages to the Codified Ordinances are hereby approved and adopted.
The following sections and chapters are hereby added, amended or repealed as respectively indicated in order to comply with current State law:
301. 11
301.20
301.27
301.35
301.48
301. 51
303.041
303.99
331. 12
331.21
335.05
335.07
337.10
337.27
339.07
341.03
513.01
513.02
513.05
513.08
521.08
537.03
537.051
537.11
537.12
537.14
537.15
Traffic Code
Emergency Vehicle ( Amended).
Motor Vehicle ( Amended).
Public Safety Vehicle ( Amended).
School Bus ( Amended).
Trailer (Amended).
Vehicle ( Amended).
Emergency of Public Safety Vehicles Exempt ( Added). Penalty ( Amended).
U"Turns Restricted A(mended).
Right of Way of Public Safety Vehicles ( Amended).
Owner of Operator Allowing Another to Drive ( Amended).
Driving Under Suspension, Revocation or Restriction A(mended). Lights on Slow Moving Vehicles A(mended).
Seat Belts Required ( Amended).
Towing Requirements ( Amended).
Prerequisites to Operation A(mended).
General Offenses Code
Definitions A(mended).
Gift of Marihuana A(mended).
Permitting Drug Abuse ( Amended).
Illegally Dispensing Drug Samples ( Amended). Littering A(mended).
Assault ( Amended).
Menacing by Stalking (Added).
Threatening Phone Calls ( Amended).
party Lines to be Yielded in an Emergency A(mended). Domestic Violence A(mended).
Temporary Protection Order ( Aended).
1
1
Ordinance No. 26-93
Page 2
541. 02
541. 051
Arson (Amended).
Aggravated Trespass (Added).
Section 111: This ordinance is hereby declared to be an emergency measure
necessary for the immediate preservation of the public peace, health,
safety and welfare of the Municipality and its inhabitants, and for the
further reason that there exists an imperative necessity for the earliest
publication and distribution of the current Replacement Pages to the
officials and residents of Granville, so as to facilitate the administrative
and daily operation of Granville and avoid practical and legal
entanglements. Wherefore, this ordinance shall be in full force and effect
from and immediately after its passage.
Passed this
Attest:
0 day of
24«/
Clerk of Cou6ncil 7/L421_j
Approved as to form:
Rit=
Law Dfrector
61b*e./ 1993.
Vr- V.V / V - -

Ordinance 25-1993

ORDINANCE NO. 25-93
1
BY:
AN ORDINANCE TO AMEND ORDINANCE NO. 49-92 PROVIDING FOR
ADJUSTMENTS OF THE ANNUAL BUDGET FOR THE FISCAL YEAR 1993
AND REVISING SUMS FOR OPERATING EXPENSES.
WHEREAS, pursuant to the provisions of Section 2.08 of Article 11 of the Charter
of the Village of Granville, Ohio the Village Council is authorized to adopt the Municipal
Budget for the fiscal year beginning January 1, 1993, and ending December 31, 1993,
and;
WHEREAS, the Manager has recommended appropriations to supplement
previously made appropriations.
NOW, THEREFORE, be it ordained by the Council of Granville, Ohio, that.
Section I: The annual budget of the Village of Granville, as established by
Ordinance No. 49-92, be amended by the Council, as recommended by
the Manager, and is hereby adopted.
Section 11: To provide for operating expenditures in the General Fund during the
fiscal year ending December 31, 1993, the following appropriation is hereby made in the General Fund:
Account No.
Al-6D-250
Al -7-C-230
Account
Capital Outlay
Contractual Services -
Indigent Counsel Fees
Add
3,500
1, 000
Section 11: That this ordinance shall take effect and be in full earliest force from and after the period allowed by law.
Passed this
ATTEST:
U-ru j 1)t-f¥u j Clerk of Council L
APPROVED AS TO FORM:
QERJLT- 1 Law Dirdctor
day of 666< 1993.

Ordinance 24-1993

ORDINANCE NO. 24-93
1
1
BY:
/
1.rK€ AN ORDINANCE TO AMEND ORDINANCE NO. 10-92 PROVIDING FOR NEW
SUBSECTION b( )7()TO ORDINANCE NO. 109-2 OF GRANVILLE, OHIO ESTABLISHING
WATER REGULATIONS AND CHARGES AND TO REPEAL EXISTING SUBSECTION
b)7()OF ORDINANCE NO. 109- 2. .
WHEREAS, on June 3, 1992, the Council of Granville, Ohio adopted Ordinance No. 10-
92, an Ordinance enacting new Section 925.13 of the Codified Ordinance of Granville, Ohio
establishing water regulations and charges, and to repeal existing Section 925.13 of said Codified
Ordinance, which Ordinance became effective July 3, 1992, and;
WHEREAS, certain inequities have become apparent as a consequence of the
implementation of Subsection b( )7()o,f Ordinance No. 109-2, and;
WHEREAS, the Council of Granville, Ohio has determined that it is appropriate to correct
the inequities present in Subsection b( ) 7()of Ordinance No. 109-2 and to clarify its application;
NOW THEREFORE, be it ordained by the Council of Granville, Ohio that Subsection (b)
7)of Ordinance No. 10-92 is hereby amended as follows:
Section I:
b)7()i)(
b)7()ii()
b)7()ii(i)
Section 11:
Section 111:
Passed this
Attest:
Property owners of record as of July 3, 1992, where waterlines existed or
were under construction as of July 3, 1992, and who had paid a water tap
connection fee prior to July 3, 1992, shall be issued a connection permit
upon proper application and shall not be assessed additional charges for
such permit. Application for permits to be issued pursuant to this
Subsection b( )7()i)(may be made at any time and shall be valid for a
period of ninety (90)days from the date of issuance.
Property owners of record as of July 3, 1992, where waterlines existed or
were under construction as of July 3, 1992, who had not paid a water tap
connection fee prior to July 3, 1992, but where there was an existing
residence or business located on the property as of July 3, 1992, shall be
allowed to be issued a connection permit at the capacity charges in effect
immediately preceding July 3, 1992, if application is made within thirty
30)days of the effective date of this Ordinance. Connection permits
issued pursuant to this Subsection b( )7()ii()shall be valid for a period of
ninety (90)days from the date of issuance.
Property owners of record as of July 3, 1992 or subsequent thereto upon which property, a residence or business, was not present as of July 3,
1992, shall be allowed to be issued a connection permit at the capacity
charges established by Ordinance No. 10-92 or as thereafter amended.
Connection permits issued pursuant to this Subsection b( )7()ii(i)shall be valid for a period of ninety (90)days from the date of issuance.
That existing Subsection b( )7()of Ordinance No. 109-2 is hereby repealed.
This Ordinance shall take effect and be in full force from and after the
earliest date allowed by law.
Clerk of Council
Approved as to form:
day of
Mayor
hflua_
3 -0- VOLL
01 -Is -93
1993.
Law Director

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