Granville Community Calendar

Ordinance No. 20-07

ORDINANCE NO. 20-07

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, 2008.

 

WHEREAS, pursuant to the provisions of Section 2.08 of Article II 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, 2008 and ending December 31, 2008 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, has been presented 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, 2008, the following sums be and are hereby set aside and appropriated as follows: 

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 II: That there be appropriated from the General Fund: 

Program I - Security of Persons and Property

A-1-1-A POLICE LAW ENFORCEMENT

 211 Salaries/Wages $601,801

 212 Employee Benefits $215,489

 230 Contractual Services $ 66,490

 240 Supplies & Materials $ 58,500

 250 Capital Outlay $ 31,000 

 270 Transfers $ 2,900

 TOTAL $976,180 

 

A1-1-C STREET LIGHTING

 230 Contractual Services $ 35,600

 250 Capital Outlay $ 12,000

 TOTAL $ 47,600 

Total Program I - Security Of Person And Property $1,023,780 

Program II - Public Health and Human Services

 

A1-2-B COUNTY HEALTH DISTRICT

 230 Contractual Services $ 25,000

 TOTAL $25,000 

 

Total Program II - Public Health And HUMAN SERVICES $25,000


Program IV - Community Environment

A1-4-F COMMUNITY SERVICES

 230 Contractual Services $ 80,900

 240 Supplies & Materials $ 6,000

 250 Capital Outlay $ 28,000

 270 Transfers $ 10,000

 TOTAL $ 124,900

 

A1-4-X BUSINESS DEVELOPMENT

 230 Contractual Services $ 7,000

 TOTAL $ 7,000

 

Total Program IV - Community Environment $131,900

Program VI - Transportation

 

A1-6-A STREET CONSTRUCTION

 230 Contractual Services $ 70,000

 250 Capital Outlay $500,000

 260 Debt Service $ 30,988

 270 Transfer $ 10,000

 TOTAL $ 610,988

 

A1-6-B STREET MAINTENANCE AND REPAIR

 211 Salaries/Wages $376,336

 212 Employee Benefits $120,844

 230 Contractual Services $ 45,460

 240 Supplies & Materials $ 15,645

 270 Transfers $ 55,000

 TOTAL $ 613,285 

 

A1-6-D STORM SEWERS AND DRAINS

 230 Contractual Services $ 15,000

240 Supplies & Materials $ 14,000

250 Capital Outlay $120,000

 TOTAL $ 149,000

 

A1-6-G SIDEWALKS

 230 Contractual Services $ 30,000

 250 Capital Outlay $115,600

 TOTAL $ 145,600 

 

Total Program VI - Transportation $1,518,873

 

Program VII - General Government

 

A1-7-A ADMINISTRATIVE OFFICES

 211 Salaries/Wages $234,282

 212 Employee Benefits $103,197

230 Contractual Services $ 34,375

 240 Supplies & Materials $ 13,500 TOTAL $385,354

 

A1-7-B LEGISLATIVE ACTIVITIES

 211 Salaries/Wages $ 3,000 

 212 Employee Benefits $ 464

230 Contractual Services $ 31,650

240 Supplies & Materials $ 5,950

 TOTAL $ 41,064

 

A1-7-C MAYOR'S COURT

 211 Salaries/Wages $ 36,550

 212 Employee Benefits $ 8,323

 230 Contractual Services $ 43,600

 240 Supplies & Materials $ 3,400

 TOTAL $ 91,873

 

A1-7-D INCOME TAX

 211 Salaries/Wages $ 49,516

 212 Employee Benefits $ 21,723

 230 Contractual Services $ 5,200

 240 Supplies & Materials $ 6,500

 280 Refunds $ 50,000

 TOTAL $132,939

 

A1-7-E LANDS & BUILDINGS

 211 Salaries/Wages $ 22,000

 212 Employee Benefits $ 4,149

 230 Contractual Services $ 67,300

 240 Supplies & Material $ 10,000 

 270 Transfers $185,000 

 TOTAL $288,449

 

A1-7-F BOARDS & COMMISSIONS

 211 Salaries/Wages $ 67,773

 212 Employee Benefits $ 25,171

 230 Contractual Services $ 54,200

 240 Supplies & Materials $ 9,500 

TOTAL $156,644

 

 

A1-7-G COUNTY AUDITOR & TREASURERS' FEES

 230 Contractual Services $ 9,500

 TOTAL $ 9,500

 

 

A1-7-H TAX DELINQUENT LAND ADVERTISING

 230 Contractual Services $ 325

 TOTAL $ 325

 

A1-7-I STATE AUDITOR’S FEES

 230 Contractual Services $ 10,000

 TOTAL $ 10,000

 

A1-7-J ELECTION

 230 Contractual Services $ 2,500

 TOTAL $ 2,500

 

A1-7-K LAW

 211 Salaries/Wages $ 12,000

 212 Employee Benefits $ 2,104

 230 Contractual Services $ 90,000

 240 Supplies & Materials $ 1,000

 TOTAL $105,104 

 

Total Program VII - General Government $1,223,752

 

 

GRAND TOTAL GENERAL FUND APPROPRIATIONS $3,923,305

 

 

Section III: That there be appropriated from the following Special Revenue Funds:

 

A2-7-E MUNICIPAL Building Reserve

260 Debt Service $520,000

 

B1-6-B STREET & MAINTENANCE REPAIR

 230 Contractual Services $ 22,554 

240 Supplies & Materials $133,080

 TOTAL $155,634

 

B2-6-B STATE HIGHWAY FUND

 230 Contractual Services $ 19,000

 TOTAL $ 19,000

 

B8-6-B COUNTY PERMISSIVE TAX FUND

 250 Capital Outlay $ 0 

 TOTAL $ 0 

 

Section IV: That there be appropriated from the following BRYN DU Fund:

 

B4 BRYN DU FUND

 230 Contractual Services $ 25,000

 250 Capital Outlay $ 50,000

 260 Debt Service $100,000

 TOTAL $175,000 

 

 

 

 

Section V: That there be appropriated from the following Law Enforcement Trust Fund:

 

B9 LAW ENFORCEMENT TRUST FUND

 240 Supplies & Materials $ 500

 TOTAL $ 500

 

B13 LAW ENFORCEMENT & EDUCATION FUND

 240 Supplies & Materials $1,500

 TOTAL $ 1,500

 

DI ODOT – TRANSPORTATION ENHANCEMENT

 250 Capital Outlay $400,000

 TOTAL $400,000

 

Grand Total special revenue fund $1,271,634 

 

 

Section VI: That there be appropriated from the following Enterprise Funds: 

 

E1- WATER FUND

 

E1-5-E PRODUCTION

 211 Salaries/Wages $175,623 

 212 Employee Benefits $ 70,032

 230 Contractual Services $137,100

 240 Supplies & Materials $ 78,040

 250 Capital Outlay $ 25,000

 260 Debt Service $ 56,214

 270 Transfers $ 30,025

 280 Refunds $ 200

 TOTAL $572,234 

 

E1-5-F WATER DISTRIBUTION

 211 Salaries/Wages $ 46,295

 212 Employee Benefits $ 18,003

 230 Contractual Services $ 22,900 

 240 Supplies & Materials $ 32,500

 270 Transfers $ 4,000

TOTAL $123,698 

 

 

TOTAL FOR E-1 - WATER FUND APPROPRIATION $695,932

 

 

E2 - SEWAGE 

 

E2-5-G SEWAGE TREATMENT

 211 Salaries/Wages $ 98,993

 212 Employee Benefits $ 43,093

 230 Contractual Services $193,350 

 240 Supplies & Material $ 58,500 

 270 Transfers $ 33,252

 280 Refunds $ 200

 TOTAL $427,388

 

E2-5-H SEWAGE COLLECTION

 211 Salaries \ Wages $ 43,300

 212 Employee Benefits $ 15,010

 230 Contractual Services $ 83,800 

 240 Supplies & Materials $ 24,700

 270 Transfers $ 20,552

 TOTAL $187,362

 

TOTAL FOR E2 SEWER FUND APPROPRIATIONS $614,750

 

 

 

E91 WATER CAPITAL IMPROVEMENTS FUND

 280 Refunds $ 3,000 

 TOTAL $ 3,000

 

C-3 SEWER REPLACEMENT & IMPROVEMENT FUND

 250 Capital Outlay $110,000

 TOTAL $110,000 

 

GRAND TOTAL ENTERPRISE FUND: $1,423,682

 

 

Section VII: That there be appropriated from the INTERNAL SERVICE FUND: 

 

F1-3-I PARK MAINTENANCE IMPROVEMENT FUND

 250 Capital Outlay $ 9,000 $ 9,000 

F2 EQUIPMENT RESERVE FUND

 250 Capital Outlay $ 25,000

 TOTAL $ 25,000

 

GRAND TOTAL INTERNAL SERVICE FUND $ 34,000

 

Section VIII: That there be appropriated from the Special Assessment Fund:

H1-1 EAST WATERLINE

H1-1-A Incidental Expenses $ 1,000

H1-1-B Principal $ 12,300

H1-1-C Interest $ 6,000

 TOTAL $ 19,300 

 

H4-4 WESTGATE SEWER

H4-4-A Incidental Expenses $ 500

H4-4-B Principal $ 5,000

H4-4-C Interest $ 2,600

TOTAL $ 8,100

 

GRAND TOTAL SPECIAL ASSESSMENT FUND $ 27,400 

Section IX: 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 re-appropriated for such original purposes, provided that the net total of the expenditures under any appropriation shall not exceed the original total. 

Section X: That this ordinance therefore shall become effective as of January 1, 2008, for the purpose of effecting expenditures within the limitations herein set forth, during the fiscal year extending from that date to December 31, 2008. 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 19th day of December, 2007.

Ordinance No. 19-07

ORDINANCE NO. 19-07 

AN ORDINANCE DIRECTING THE PROCEEDS FROM THE SALE OF PUBLIC PROPERTY BY THE VILLAGE OF GRANVILLE TO BE USED ONLY FOR DEBT REDUCTION OR THE PURCHASE, IMPROVEMENT OR ACQUISITION OF A CAPITAL ASSET

            WHEREAS, the Village of Granville hereby desires to establish a policy to require any and all proceeds from the sale of public property to be used only for debt reduction or the purchase, improvement or acquisition of a capital asset. 

            NOW, THEREFORE, be it ordained by the Council of the Village of Granville, Ohio, that: 

Section   I:        The proceeds from the sale of public property by the Village of Granville shall be used only for debt reduction or the purchase, improvement or acquisition of a capital asset. 

Section II:       This Ordinance shall take effect upon the earliest date permitted by law.

 Passed this 5th day of December, 2007.

Ordinance No. 18-07

ORDINANCE NO. 18-07

AN ORDINANCE AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO A REAL ESTATE GROUND LEASE AND PURCHASE AGREEMENT FOR 118 SOUTH MAIN STREET, GRANVILLE, OHIO, WITH ST. LUKE’S EPISCOPAL CHURCH 

            WHEREAS, the Village of Granville hereby desires to enter into the Real Estate Ground Lease and Purchase Agreement with St. Luke’s Episcopal Church, attached hereto and incorporated herein as Exhibit “A”, for the .0734 acres, more or less, of real property located at 118 South Main Street, Granville, Ohio 43023; and 

            WHEREAS, any and all funds derived from the sale and/or lease of the property identified in Exhibit “A” to St. Luke’s Episcopal Church shall be deposited into the Municipal Building Reserve Fund. 

            NOW, THEREFORE, be it ordained by the Council of the Village of Granville, Ohio, that:

Section   I:        Council hereby authorizes the Village Manager to enter into the Real Estate Ground Lease and Purchase Agreement with St. Luke’s Episcopal Church, attached hereto and incorporated herein as Exhibit “A”, for the .0734 acres, more or less, of real property located at 118 South Main Street, Granville, Ohio 43023 (“Premises”). 

Section  II:        Council further hereby authorizes and direct the Village Manager to execute and deliver all documents necessary to lease the real property located at 118 South Main Street, Granville, Ohio and to sell the two-story building on the Premises pursuant to the terms set forth in Exhibit “A”. 

Section III:       The proceeds from the sale of the subject property to St. Luke’s Episcopal Church shall be used only for payment of Village debt, which debt reduction shall be accomplished on or before December 31, 2008. 

Section IV:       Amendments for clerical errors may be made to this Ordinance and Exhibit “A” and said amendments shall have no affect on any other provisions of this Ordinance and Exhibit “A.” 

Section V:      This Ordinance shall take effect upon the earliest date permitted by law. 

Passed this 28th day of November, 2007.

Exhibit A

Ordinance 17-07

ORDINANCE NO. 17-07

AN ORDINANCE PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED $1,205,000 OF NOTES BY THE VILLAGE OF GRANVILLE, OHIO, IN ANTICIPATION OF THE ISSUANCE OF BONDS FOR THE PURPOSE OF PAYING PART OF THE COST OF ACQUIRING THE MANSION BUILDING PROPERTY LOCATED AT 537 JONES ROAD FOR VILLAGE PURPOSES, AND DECLARING AN EMERGENCY

WHEREAS, the Granville Village Council has heretofore determined the necessity of acquiring the mansion building property located at 537 Jones Road for Village purposes (the “Project”);

WHEREAS, the Director of Finance has heretofore certified that the maximum maturity of bonds issued for such purpose is thirty (30) years, and the maximum maturity of notes issued in anticipation of such bonds is twenty (20) years;

WHEREAS, the Village Council expects that the debt service on such bonds will be paid from the general revenues of the Village, and on such notes from such general revenues and the proceeds of such bonds or renewal notes (collectively, the “Revenues”); and

WHEREAS, notes heretofore issued to finance part of the cost of the Project are about to mature and should be renewed in an amount not to exceed $1,205,000;

NOW, THEREFORE, BE IT ORDAINED by the Village Council of Granville, Ohio (hereinafter called the “Municipality”):

SECTION 1. That it is necessary to issue bonds of the Municipality in the principal amount of not to exceed $1,205,000, for the purpose of paying part of the cost of the Project. Such bonds shall be dated approximately December 1, 2008, shall bear interest at the rate of approximately seven per (7%) per annum and shall mature in substantially equal annual installments of principal and interest over a period not exceeding thirty (30) years after their issuance.

SECTION 2. That it is hereby determined that notes (hereinafter called the “Notes”) in the principal amount of not to exceed $1,205,000 shall be issued in anticipation of the issuance of said bonds.

SECTION 3. That the Notes shall (i) be issued in a principal amount not exceeding that set forth above, (ii) be dated the date of their initial issuance, (iii) bear interest at a rate not to exceed six percent (6%) per annum, payable at maturity, (iv) mature not more than one year from such date of initial issuance, and (v) be of such number and denominations of $100,000 or more as may be requested by the purchaser, all as determined by the Director of Finance without further action of the Council.

SECTION 4. That the Notes shall be in either bearer or fully registered form without coupons, as may be requested by the purchaser, shall bear the signatures of the Village Manager or Mayor and Director of Finance, provided that one of such signatures may be a facsimile, and may bear the seal of the Municipality or a facsimile thereof. Payment of the principal of and interest of each Note in fully registered form shall be made only to the person whose name appears on the Note registration records as the registered holder thereof. The Notes shall be designated “Real Estate Acquisition Bond Anticipation Notes, Fifth (2007) Renewal,” and shall express upon their faces the purpose for which they are issued and that they are issued in pursuance of this ordinance.

The Municipality may deem and treat the registered holders of Notes in fully registered form as the absolute owners thereof for all purposes, and the Municipality shall not be affected by any notice to the contrary.

SECTION 5. That the Notes shall be sold and awarded, at not less than par and accrued interest, by the Director of Finance without further action of this Council, in accordance with the purchaser’s offer to purchase, which the Director of Finance is hereby authorized to accept without further action of this Council. The proceeds from the sale of the Notes, except any premium or accrued interest thereon, shall be paid into the proper fund and used for the purpose aforesaid and for no other purpose, and for which purpose such proceeds are hereby appropriated. Any premium and accrued interest received from such sale shall be transferred to the bond retirement fund to be applied to the payment of principal and interest on the Notes in the manner provided by law.

SECTION 6. That the Notes shall be the full general obligations of the Municipality, and the full faith, credit and revenue of the Municipality are hereby pledged for the prompt payment of the same. The par value received from the sale of bonds anticipated by the Notes, and any excess fund resulting from the issuance of the Notes, shall to the extent necessary be used only for the retirement of the Notes at maturity, together with interest thereon and is hereby pledged for such purpose.

SECTION 7. That during the period while the Notes run, there shall be levied upon all of the taxable property in the Municipality, within applicable limitations, in addition to all other taxes, a direct tax annually, not less than that which would have been levied if bonds had been issued without the prior issue of the Notes; said tax shall be and is hereby ordered computed, certified, levied and extended upon the tax duplicate and collected by the same officers in the same manner and at the same time that taxes for general purposes for each of said years are certified, extended and collected. Said tax shall be placed before and in preference to all other items and for the full amount thereof.

The funds derived from said tax levy hereby required shall be placed in a separate and distinct fund and, together with interest collected on the same, shall be irrevocably pledged for the payment of the principal and interest of the Notes, or the bonds in anticipation of which they are issued, when and as the same fall due; provided, however, to the extent Revenues or other moneys are available and appropriated for debt service in a sufficient amount, said tax shall not be collected for such purpose.

SECTION 8. That this council, for and on behalf of the Municipality, hereby covenants that it will restrict the use of the proceeds of the Notes hereby authorized in such manner and to such extent, if any, and take such other actions, as may be necessary, after taking into account reasonable expectations at the time the debt is incurred, so that they will not constitute obligations the interest on which is subject to federal income taxation or “arbitrage bonds” under Sections 103(b)(2) and 148 of the Internal Revenue Code of 1986, as amended (the “Code”) and the regulations prescribed there under and will, to the extent possible, comply with all other applicable provisions of the Code and the regulations there under to retain the exclusion from federal income taxation for interest on the Notes, including any expenditure requirements, investment limitations or rebate requirements or use restrictions. The Director of Finance or any other officer having responsibility with respect to the issuance of the Notes is authorized and directed to give an appropriate certificate on behalf of the Municipality, on the date of delivery of the Notes for inclusion in the transcript of proceedings, setting forth the facts, estimates and circumstances and reasonable expectations pertaining to the use of the proceeds thereof and the provisions of the Code and the regulations there under.

SECTION 9. That the Notes are hereby designated as “qualified taxexempt obligations” to the extent permitted by Section 265(b) of the Code and not deemed so designated. This council finds and determines that the reasonably anticipated amount of taxexempt obligations (whether or not designated as qualified) issued and to be issued by the Municipality during this calendar year including the Notes does not, and this council hereby covenants that, during such year, the amount of taxexempt obligations issued by the Municipality and designated as “qualified taxexempt obligations” for such purpose will not, exceed $10,000,000. The Director of Finance and other appropriate officers, and any of them, are authorized to take such actions and give such certifications on behalf of the Municipality with respect to the reasonably anticipated amount of taxexempt obligations to be issued by the Municipality during this calendar year and with respect to such other matters as appropriate under the Code.

SECTION 10. That for purposes of this ordinance, the following terms shall have the following meanings: “Book entry form” or “book entry system” means a form or system under which (i) the beneficial right to payment of principal of and interest on the Notes may be transferred only through a book entry, and (ii) physical Note certificates in fully registered form are issued only to the Depository or its nominee as registered owner, with the Notes “immobilized” to the custody of the Depository, and the book entry maintained by others than the Municipality is the record that identifies the owners of beneficial interests in those Notes and that principal and interest. “Depository” means any securities depository that is a clearing agency under federal law operating and maintaining, together with its Participants or otherwise, a book entry system to record ownership of beneficial interests in Notes or principal and interest, and to effect transfers of Notes, in book entry form, and includes and means initially The Depository Trust Company (a limited purpose trust company), New York, New York.

“Participant” means any participant contracting with a Depository under a book entry system and includes security brokers and dealers, banks and trust companies, and clearing corporations. At the request of the purchaser, all or any portion of the Notes may be initially issued to a Depository for use in a book entry system, and the provisions of this Section shall apply to such Notes, notwithstanding any other provision of this ordinance. If and as long as a book entry system is utilized with respect to any of such Notes: (i) there shall be a single Note of each maturity; (ii) those Notes shall be registered in the name of the Depository or its nominee, as registered owner, and immobilized in the custody of the Depository; (iii) the beneficial owners of Notes in book entry form shall have no right to receive Notes in the form of physical securities or certificates; (iv) ownership of beneficial interests in any Notes in book entry form shall be shown by book entry on the system maintained and operated by the Depository and its Participants, and transfers of the ownership of beneficial interests shall be made only by book entry by the Depository and its Participants; and (v) the Notes as such shall not be transferable or exchangeable, except for transfer to another Depository or to another nominee of a Depository, without further action by the Municipality. Debt service charges on Notes in book entry form registered in the name of a Depository or its nominee shall be payable in the manner provided in the Municipality’s agreement with the Depository to the Depository or its authorized representative (i) in the case of interest, on each interest payment date, and (ii) in all other cases, upon presentation and surrender of Notes as provided in this ordinance. The Paying Agent and Registrar may, with the approval of the Municipality, enter into an agreement with the beneficial owner or registered owner of any Note in the custody of a Depository providing for making all payments to that owner of principal and interest on that Note or any portion thereof (other than any payment of the entire unpaid principal amount thereof) at a place and in a manner (including wire transfer of federal funds) other than as provided in this ordinance, without prior presentation or surrender of the Note, upon any conditions which shall be satisfactory to the Paying Agent and Registrar and to the Municipality. That payment in any event shall be made to the person who is the registered owner of that Note on the date that principal is due, or, with respect to the payment of interest, as of the applicable date agreed upon as the case may be. The Paying Agent and Registrar shall furnish a copy of each of those agreements, certified to be correct by the Paying Agent and Registrar, to any other paying agents for the Notes and to the Municipality. Any payment of principal or interest pursuant to such an agreement shall constitute payment thereof pursuant to, and for all purposes of, this ordinance.

The Director of Finance is authorized and directed without further action of this council to execute, acknowledge and deliver, in the name of and on behalf of the Municipality, a blanket letter agreement between the Municipality and The Depository Trust Company, as Depository, to be delivered in connection with the issuance of the Notes to the Depository for use in a book entry system, and to take all other actions the Director of Finance deems appropriate in issuing the Notes under a book entry system.

If any Depository determines not to continue to act as Depository for the Notes for use in a book entry system, the Municipality and the Paying Agent and Registrar may attempt to establish a securities depository/book entry relationship with another qualified Depository under this ordinance. If the Municipality and the Paying Agent and Registrar do not or are unable to do so, the Municipality and the Paying Agent and Registrar, after the Paying Agent and Registrar has made provision for notification of the beneficial owners by the then Depository, shall permit withdrawal of the Notes from the Depository and authenticate and deliver Note certificates in fully registered form to the assigns of the Depository or its nominee, all at the cost and expense (including costs of printing definitive Notes), if the event is not the result of action or inaction by the Municipality or the Paying Agent and Registrar, of those persons requesting such issuance.

SECTION 11. That the law firm of Peck, Shaffer & Williams LLP be and is hereby retained as bond counsel to the Municipality to prepare the necessary authorization and related closing documents for the issuance, sale and delivery of the Notes and, if appropriate, rendering its approving legal opinion in connection therewith in accordance with the written agreement presently on file with the Municipality which the Mayor, the Village Manager and the Director of Finance are each hereby separately authorized, alone or with others, to execute and deliver on behalf of the Municipality, with such changes thereto not substantially adverse to the Municipality as may be approved by such officers. The approval of such changes by such officers, and that the same are not substantially adverse to the Municipality, shall be conclusively evidenced by the execution of such agreement by such officers. Such law firm shall be compensated by the Municipality for the above services in accordance with such written agreement.

SECTION 12. That the Director of Finance is hereby directed to forward a certified copy of this ordinance to the county auditor.

SECTION 13. That it is found and determined that all formal actions of this council concerning and relating to the passage of this ordinance were passed in an open meeting of this council, and that all deliberations of this council and of any of its committees that resulted in such formal action, were in meetings open to the public, in compliance with the law, including Section 121.22 of the Ohio Revised Code.

SECTION 14. That this ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, safety, morals and welfare of the inhabitants of the Municipality for the reason that the immediate issuance and sale of the Notes is necessary to retire the Prior Notes in a timely manner and to provide for the orderly financing of the Project, and, therefore, provided this ordinance receives the affirmative vote of at least five members elected or appointed to this council, it shall be in full force and effect immediately upon its passage.

Passed this 7th day of November, 2007.

Ordinance 15-07

ORDINANCE NO. 15-07

TO AMEND ORDINANCE NO. 17-06 PROVIDING FOR ADJUSTMENTS OF THE ANNUAL BUDGET FOR FISCAL YEAR 2007 AND REVISING SUMS FOR OPERATING EXPENSES.

WHEREAS, pursuant to the provisions of Section 2.08 of Article II 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, 2007 and ending December 31, 2007, and; WHEREAS, the Village 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. 17-06, is hereby amended by the Council to include the additional appropriations recommended by the Village Manager.

Section II: To provide for Operating Expenditures during the fiscal year ending December 31, 2007, the following additional appropriations are hereby made for the Sewer Fund for supplies, materials and contractual services:

Sewer Fund Account # Description Cost Sewage Treatment E2-5-G-240 Supplies and Materials $15,000.00 Sewage Collection E2-5-H-230 Contractual Services 6,000.00 Sewage Collection E2-5-H-240 Contractual Services 6,000.00

Section III: This Ordinance shall take effect and be in full force immediately upon passage.

Passed this 17th day of October, 2007.

Ordinance 14-07

ORDINANCE NO. 14-07

AN ORDINANCE ENACTING SECTION 505.115 OF THE CODIFIED ORDINANCES TO RESTRICT THE FEEDING OF DEER WITHIN THE VILLAGE OF GRANVILLE

WHEREAS, the supplemental feeding of deer can enhance reproductive rates, foster the transmission of disease, encourage deer to concentrate in specific areas, and make the deer more tolerant of people; and

WHEREAS, the supplemental feeding of deer can also contribute to an artificially high deer population, especially during harsh winters; and

WHEREAS, it is the desire of the Village Council to establish restrictions on the feeding of deer within the Village as part of a deer management program.

NOW, THEREFORE, BE IT ORDAINED BY COUNCIL OF THE VILLAGE OF GRANVILLE, COUNTY OF LICKING, STATE OF OHIO, THAT:

Section 1. That Section 505.115 of the Codified Ordinances be, and the same hereby is, enacted to read as follows:

“505.115 RESTRICTIONS ON THE FEEDING OF DEER

(a) Deer Feeding Prohibited. Except as provided in paragraph (d) below, no person shall intentionally feed deer within the Village.

(b) Feeding Defined. For the purposes of this section, feeding shall include the act of placing or permitting to be placed on the ground, or within five feet of the ground, any device or any fruits, grains, minerals, plants, salt licks, vegetables, seeds, nuts, hay, or any other edible materials that may reasonably be expected to result in deer feeding, unless such items are screened or otherwise protected from deer consumption.

The presumption that the placement of any fruits, grains, minerals, plants, salt licks, vegetables, seeds, nuts, hay, or any other edible materials is for the purpose of feeding deer shall not apply to the following:

(1) Naturally growing materials, including but not limited to fruit, grain, nuts, seeds, hay, and vegetables.

(2) Planted materials growing in gardens, as standing crops, or in a wildlife food plot.

(3) Residue from lawns, gardens & other vegetable materials maintained as a mulch pile.

(4) Stored crops, provided that the crop is not intentionally made available to deer.

(5) Spills of seed materials intended for planting or crop materials that have been harvested if the spills are incidental to normal agricultural operations and such materials are not intentionally made available to deer.

(6) Unmodified, commercially-purchased bird or squirrel feeders or their equivalent.

(7) Temporary, seasonal or ornamental decorations as determined by the Village Manager.

(c) Removal Required. Each property owner shall have the duty to remove any device or materials placed on the owner’s property in violation of this section. Alternatively, a property owner may modify such a device or make other changes to the property that prevent deer from having access to the materials or feeding from the device. Failure to remove such materials or to make such modifications within twenty-four (24) hours after notice from the Village shall constitute a separate violation.

(d) Exceptions to Prohibition.

(1) The prohibition in paragraph (a) shall not apply to any health department employee, law enforcement officer or state or federal game official acting within the scope of his or her official duties. Nor shall the prohibition in paragraph (a) apply to feeding activities permitted by the Ohio Division of Wildlife hunting regulations when performed by an individual holding valid local and state deer hunting permits and in those areas where deer hunting is authorized pursuant to Section 505.111.

(2) The prohibition in paragraph (a) shall not apply to feeding that is authorized by the Village Manager on an emergency basis.

(e) Whoever violates this section is guilty of a minor misdemeanor.

Section 2. This Ordinance shall take effect from and after the earliest period allowed by law.

PASSED this 17th day of October, 2007.

Ordinance 13-07


ORDINANCE NO. 13-07


AN ORDINANCE ENACTING SECTION 505.111 OF THE CODIFIED ORDINANCES TO ALLOW LIMITED HUNTING AS PART OF A DEER MANAGEMENT PROGRAM



WHEREAS, it is the desire of the Village Council to amend the restrictions on hunting within the Village to allow the limited hunting of deer as part of a deer management program.


NOW, THEREFORE, BE IT ORDAINED BY COUNCIL OF THE VILLAGE OF GRANVILLE, COUNTY OF LICKING, STATE OF OHIO, TWO-THIRDS OF ITS MEMBERS CONCURRING, THAT:


Section 1. That Section 505.111 of the Codified Ordinances be, and the same hereby is, enacted to read as follows:


“505.111 LIMITED HUNTING OF DEER PERMITTED


(a) Regardless of the prohibitions against hunting contained in Section 505.11, the limited hunting of deer shall be allowed as part of a Village deer management program.


(b) No person shall engage in deer hunting in the restricted areas of the Village as designated in Section 505.11 except in compliance with the provisions that are provided herein.


(c) Deer hunting may be permitted during periods and within locations specified by the Chief of Police, including but not limited to public parks. No deer hunting permit shall be issued by the Chief of Police unless the following criteria have been satisfied:


(1) All applicable state licenses and permits have been obtained; and


(2) The hunter agrees to abide by all of the hunting laws, rules, and regulations of the State of Ohio and the Village of Granville.


(d) The Chief of Police shall establish appropriate rules and regulations for deer hunting within the Village as are necessary to preserve and protect the health, safety, and welfare of the residents of the Village. These rules and regulations shall be approved by the Village Manager following review by the Village Council.


(1) A report on the program’s performance shall be made available to the Village

Council no later than ninety (90) days after full implementation of the
program and no later than annually.

(e) The Chief of Police shall establish procedures for the issuance of deer hunting permits in accordance with the rules and regulations provided in (d). The limited deer hunting permit may restrict the hunter to specific areas, times, and such other restrictions as the Chief of Police may deem appropriate.


(f) Any person engaged in deer hunting must comply with all of the conditions and restrictions imposed by the State of Ohio and the Village of Granville and must have the applicable permits on his or her person at all times while engaged in deer hunting within the Village.


(g) Whoever violates this section is guilty of a minor misdemeanor.



Section 3. This Ordinance shall take effect from and after the earliest period allowed by law.



PASSED this 3rd day of October, 2007.

Ordinance 12-07

ORDINANCE NO. 12-07

AN ORDINANCE AMENDING SECTION 505.11 OF THE CODIFIED ORDINANCES TO REGULATE HUNTING AND TRAPPING WITHIN THE VILLAGE OF GRANVILLE


WHEREAS, it is the desire of the Village Council to amend the restrictions on trapping within the Village to allow limited trapping of nuisance animals,


NOW, THEREFORE, BE IT ORDAINED BY COUNCIL OF THE VILLAGE OF GRANVILLE, COUNTY OF LICKING, STATE OF OHIO, TWO-THIRDS OF ITS MEMBERS CONCURRING, THAT:


Section 1. That Section 505.11 of the Codified Ordinances be, and the same hereby is, amended to read as follows:


“505.11 HUNTING AND TRAPPING RESTRICTED; TARGET SHOOTING


(a) No person shall hunt, trap, kill or attempt to kill any animal or fowl by the use of firearms, bow and arrow, air rifle or any other means within the corporate limits of the Municipality, except as provided herein.


(b) The prohibitions found in (a) do not apply to hunting and/or trapping activities within the Municipality that would otherwise be permitted under the laws of the State of Ohio, provided that all of the following conditions apply:


(1) The hunter holds a current, valid hunting license issued by the State of Ohio for those activities for which a hunting license is required;


(2) Written permission has been obtained from the owner of or the person having lawful possession of the property on which the hunting or trapping is to occur. The written permission referred to herein must be in possession of the hunter or trapper at all times and produced upon request of a police officer or game warden. Written permission to hunt or trap on a particular piece of property may be granted for any period of time provided there is no prohibition against hunting or trapping at that time by statute or ordinance of the Municipality.


(3) The hunting and/or trapping takes place on a parcel of land that is agriculturally zoned and is located south of State Route 16 and east of State Route 37. For the purposes of this section, the Open Space zoning classification, which permits agricultural uses, shall be considered an agricultural zone; and


(4) The hunting and/or trapping does not take place within three hundred (300) feet of any cemetery, school, church, occupied structure, or public or private roadway.


(c) The provisions in (a) shall not apply to any health department employee, law enforcement officer, or bona fide pest exterminator who, in the scope of his or her official duties or employment, is required to capture or exterminate any bird or animal in the interest of the public health, safety and welfare. The provisions in (a) shall not apply to a person holding a nuisance trapping permit issued by the Division of Wildlife of the State of Ohio for the trapping of wildlife or animals constituting a nuisance. Nor shall the provisions in (a) apply to any person who secures or attempts to secure possession of his own pet, bird or animal, or who employs a standard device for the purpose of catching mice, rats, bats, or similar vermin infesting the person’s habitation or place of business.


(d) (c) Target shooting is permitted in the area specified in (b)(3) above, provided that the target shooting is on a parcel or combination of parcels that is at least five (5) acres in size, and that no projectile from said target shooting shall land within three hundred (300) feet of any perimeter property line, cemetery, school, church, occupied structure, or public or private roadway.


(e) (d) Whoever violates this section is guilty of a minor misdemeanor.”


Section 2. This ordinance is hereby declared to be an emergency ordinance that is necessary to meet an immediate need in the preservation of the public peace, safety, health, and welfare. Residents cannot adequately protect their property from nuisance animals but for the immediate passage of this ordinance.


To address this emergency, the waiting period after the adoption of this ordinance is hereby waived in accordance with Section 3.05 of the Granville Charter.




Section 3. This Ordinance shall take effect from and after its adoption.


PASSED this 19 day of September, 2007.

Ordinance 11-07

ORDINANCE NO. 11-07

AN ORDINANCE TO AMEND SECTION 333.03(b)(3) OF THE CODIFIED ORDINANCES OF THE VILLAGE OF GRANVILLE TO ESTABLISH A 35 MPH SPEED LIMIT ON JAMES ROAD

WHEREAS, a portion of James Road was recently annexed into the Village of Granville; and

WHEREAS, the Codified Ordinances of the Village of Granville provide that the appropriate speed limit for through highways outside of business is 35 miles per hour; and

WHEREAS, the current speed limit on the recently annexed section of James Road is 45 miles per hour.

NOW, THEREFORE, BE IT ORDAINED BY COUNCIL OF THE VILLAGE OF GRANVILLE, COUNTY OF LICKING, STATE OF OHIO, THAT:

Section 1. That existing Section 333.03 (b) (3) of the Codified Ordinances of the Village of Granville is hereby amended to read as follows:

333.03 MAXIMUM SPEED LIMITS; ASSURED CLEAR DISTANCE AHEAD

. . .

(b) It is prima-facie lawful, in the absence of a lower limit declared pursuant to Ohio R.C. 4511.21 by the Ohio Director or Transportation or Council, for the operator of a motor vehicle to operate the same at a speed not exceeding the following:

. . .

(3) Thirty-five miles per hour on all State routes or through highways within the Municipality outside business districts, except as provided in subsections (b)(4) and (5) hereof; thirty-five miles per hour on Welsh Hills Road from its intersection with North Granger Street to corporation limits; thirty-five miles per hour on Jones Road, from Newark-Granville Road north to the corporation limit; thirty-five miles per hour along the entire length of Newark-Granville Road; thirty-five miles per hour on James Road.

Section 2. This ordinance shall be effective from and after the earliest date allowed by law.

Ordinance 10-07

ORDINANCE NO. 10-07

AN ORDINANCE TO AMEND SECTIONS 351.03 AND 351.05 OF THE CODIFIED ORDINANCES OF THE VILLAGE OF GRANVILLE TO REGULATE AND PROVIDE A PENALTY FOR PARKING OUTSIDE OF MARKED SPACES

WHEREAS, the Village has marked parallel and angled parking spaces at various locations in the Village; and

WHEREAS, the current traffic code needs to be amended to clarify the penalty for the parking of vehicles across or outside of those marked spaces.

NOW, THEREFORE, BE IT ORDAINED BY COUNCIL OF THE VILLAGE OF GRANVILLE, COUNTY OF LICKING, STATE OF OHIO, THAT:

Section 1. Existing Section 351.03 of the Codified Ordinances of the Village of Granville is hereby amended to read as follows:

“351.03 PROHIBITED STANDING OR PARKING PLACES.

(a) No person shall stand or park a vehicle, except when necessary to avoid conflict with other traffic or to comply with the provisions of this Traffic Code, or while obeying the directions of a police officer or a traffic control device, in any of the following places:

(1) On a sidewalk, curb or street lawn area, except a bicycle; (2) In front of a public or private driveway; (3) Within an intersection; (4) Within ten feet of a fire hydrant; (5) On a crosswalk; (6) Within twenty feet of a crosswalk at an intersection; (7) Within thirty feet of, and upon the approach to, any flashing beacon, stop sign or traffic control device; (8) Between a safety zone and the adjacent curb or within thirty feet of points on the curb immediately opposite the end of a safety zone, unless a different length is indicated by a traffic control device; (9) Within fifty feet of the nearest rail of a railroad crossing; (10) Within twenty feet of a driveway entrance to any fire station and, on the side of the street opposite the entrance to any fire station, within seventy-five feet of the entrance when it is properly posted with signs; (11) Alongside or opposite any street excavation or obstruction when such standing or parking would obstruct traffic; (12) Alongside any vehicle stopped or parked at the edge or curb of a street; (13) Upon any bridge or other elevated structure upon a street, or within a street tunnel; (14) At any place where signs prohibit stopping, standing or parking, or where the curbing or street is painted yellow, or at any place in excess of the maximum time limited by signs; (15) Within one foot of another parked vehicle; (16) On the roadway portion of a freeway, expressway or thruway; (17) Outside of a marked parking space where a sign has been erected advising that parking is allowed within marked spaces only.

(b) Except as otherwise provided in this subsection, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.”

Section 2. Existing Section 351.05 of the Codified Ordinances of the Village of Granville is hereby amended to read as follows:

“351.05 MANNER OF PARALLEL OR ANGLE PARKING WITHIN MARKED SPACES.

(a) White lines may be painted upon the street parallel to the curb to indicate authorized parallel parking or at an angle to indicate authorized angle parking. When lines are painted on any street indicating parallel or angle parking, it shall be unlawful for any person to stop, stand, or park a vehicle so that it extends across any such line or markings, or is in such position that it is not entirely within the space designated by such lines or markings.

(a) Upon streets where angle parking is permitted, no person shall stop, stand or park a vehicle other than at the angle to the curb or edge of the roadway as is indicated by appropriate signs or markings.

(b) Whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.

(b) Whoever violates this section is guilty of a minor misdemeanor on a first offense; on a second offense within one year after the first offense, the person is guilty of a misdemeanor of the fourth degree; on each subsequent offense within one year after the first offense, the person is guilty of a misdemeanor of the third degree.”

Section 3. This ordinance shall be effective from and after the earliest date allowed by law.

Ordinance 09-07

ORDINANCE 09-07

AN ORDINANCE TO REVISE THE CODIFIED ORDINANCES BY ADOPTING CURRENT REPLACEMENT PAGES

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 that is before Council.

NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF GRANVILLE, STATE OF OHIO THAT:

Section I: The ordinances of Granville, Ohio, of a general and permanent nature, as revised, recodified, rearranged and consolidated into component codes, titles, chapters and sections within the 2007 Replacement Pages to the Codified Ordinances are hereby approved and adopted.

Section II: The following sections and chapters are hereby added, amended or repealed as respectively indicated in order to comply with current State law:

Traffic Code

331.01 Driving Upon Right Side of Roadway. (Amended) 331.07 Hazardous or No Passing Zones. (Amended) 331.14 Signals before Changing Course. (Amended) 333.01 Driving or Physical Control While Under the Influence. (Amended) 333.04 Stopping Vehicle; Slow Speed. (Amended) 335.03 Driving With Temporary Instruction Permit. (Amended) 335.031Driving with Probationary License. (Amended) 337.26 Child Restraint System Usage. (Amended) 337.29 Bumper Heights. (Amended) 373.01 Code Application to Bicycles. (Amended) 373.02 Riding upon Seats; Handle Bars; Helmet and Glasses. (Amended) 373.05 Signal Device on a Bicycle. (Amended) 373.06 Lights and Reflector on Bicycle. (Amended) 373.07 Riding Bicycle on Right Side of Roadway. (Amended)

General Offenses Code

501.01 Definitions. (Amended) 501.06 Limitation of Criminal Prosecution. (Amended) 525.02 Falsification. (Amended) 525.03 Impersonation of Peace Officer. (Amended) 525.16 Assaulting Police Dog, Horse or an Assistance Dog. (Amended) 529.02 Sales to and Use by Underage Persons. (Amended) 529.07 Open Container Prohibited. (Amended) 529.08 Hours of Sale or Consumption. (Amended) 533.01 Obscenity and Sex Offense Definitions. (Amended) 533.07 Public Indecency. (Amended) 537.02 Vehicular Homicide and Manslaughter. (Amended) 537.03 Assault. (Amended) 537.07 Endangering Children. (Amended) 537.16 Illegal Distribution of Cigarettes. (Amended) 541.11 Trespass on a Place of Public Entertainment. (Added) 545.01 Theft and Fraud Definitions. (Amended) 545.05 Petty Theft. (Amended) 549.02 Carrying Concealed Weapons. (Amended) 549.04 Improperly Handling Firearms in a Motor Vehicle. (Amended) 549.12 Defacing Identification Marks of a Firearm, or Possessing a Defaced Firearm. (Added)

Section III: The complete text of the sections of the Codified Ordinances listed above are set forth in full in the current replacement pages to the Codified Ordinances and a summary of the amendments contained therein are hereby attached to this ordinance as Exhibit A. Notice of adoption of each new section by reference to its title shall constitute sufficient publication of new matter contained therein.

Section IV: This ordinance shall be in full force and effect from and after the earliest period allowed by law.

Ordinance 08-07

ORDINANCE NO. 08-07 

 

 AN ORDINANCE TO AMEND ORDINANCE NO. 07-06 PROVIDING FOR ADJUSTMENTS OF THE ANNUAL BUDGET FOR THE FISCAL YEAR 2007, REVISING SUMS FOR OPERATING EXPENSES, AND DECLARING AN EMERGENCY. 

 

 WHEREAS, pursuant to the provisions of Section 2.08 of Article II 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, 2007 and ending December 31, 2007, and; 

 

 WHEREAS, the Village 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. 07-06, is hereby amended by the Council to include the additional appropriations recommended by the Village Manager. 

 

 Section II: To provide for Operating Expenditures during the fiscal year ending December 31, 2007, the following additional appropriations are hereby made for the purpose of making emergency repairs to Bryn Du Drive: 

 

 Fund Program Account # Account Add 

 

 General Street Maint & Repair A1-6-A250 Capital Outlay $110,000 

 Road Reserve A6-6-B250 Capital Outlay $ 60,000 

 Street B1-6-B250 Capital Outlay $ 60,000 

 

 

 Section III: The Ordinance is hereby declared to be an emergency ordinance that is necessary to meet an immediate need in the operation of the municipal government and for the immediate preservation of the public peace, safety, health, and welfare. The emergency repairs to Bryn Du Drive could not be accomplished but for the immediate passage of this Ordinance. 

 

 To address this emergency, the waiting period and hearing prior to the consideration of this ordinance are herby waived in accordance with Section 3.05 of the Granville Charter. 

 

 Section IV: This Ordinance shall take effect and be in full force immediately upon passage. 

 

 

 Passed this 26th day of June, 2007.

Ordinance 07-07

ORDINANCE NO. 07-07

AN ORDINANCE AUTHORIZING AND DIRECTING THE VILLAGE MANAGER TO ENTER INTO A CONTRACT WITH THE BOARD OF TRUSTEES OF GRANVILLE TOWNSHIP FOR THE TRANSFER OF TITLE TO THE MAPLE GROVE CEMETERY TO THE TOWNSHIP UPON OR FOLLOWING THE ANNEXATION OF SUCH CEMETERY INTO THE VILLAGE OF GRANVILLE.

WHEREAS, RC § 759.08 provides that upon annexation of a public cemetery and burial grounds to a municipal corporation, title to and right of possession automatically vest in such municipal corporation; and

WHEREAS, under Sections 1.02 and 1.03 of the Charter of the Village of Granville, Council may exercise all powers of local self government; and

WHEREAS, under Section 105.01 of the Codified Ordinances authorizes Council to dispose of real property upon terms and conditions that Council determines are in the best interests of the municipality; and

WHEREAS, certain territory containing the Maple Grove Cemetery will be or has been annexed to the Village and the Township desires to control such cemetery.

WHEREAS, Council has determined that transferring title back to the Township is in the Village’s best interests.

NOW, THEREFORE, BE IT ORDAINED BY COUNCIL OF THE VILLAGE OF GRANVILLE, COUNTY OF LICKING, STATE OF OHIO, A MAJORITY OF MEMBERS ELECTED THERETO CONCURRING, THAT:

Section 1. Council hereby authorizes and directs the Village Manager to enter into a contract with the Board of Trustees of Granville Township, attached hereto as Exhibit A and incorporated herein, for the transfer of title to the Maple Grove Cemetery to the Township upon or following the annexation of such cemetery into the Village.

Section 2. This Ordinance shall become effective upon the earliest date allowed by the Charter of the Village of Granville and the laws of the State of Ohio.

PASSED this 20th day of June, 2007.

Ordinance 06-07

BY: Tegtmeyer

ORDINANCE NO. 06-07

AN ORDINANCE ACCEPTING AN APPLICATION FOR THE ANNEXATION OF 514 +/- ACRES TO THE VILLAGE

WHEREAS, a petition for a regular annexation of 514 +/- acres located in Granville and Union Townships to the Village of Granville was filed with the Board of Licking County Commissioners by Christopher Strayer as the agent for the Petitioners on November 6, 2006; and

WHEREAS, the Board of Licking County Commissioners held a hearing on the petition for annexation on January 18, 2007 at the Granville High School Auditorium; and

WHEREAS, the Board of Licking County Commissioners by Resolution 53-475 dated February 20, 2007 granted the petition for a regular annexation of 514 +/- acres located in Granville and Union Townships to the Village of Granville; and

WHEREAS, no appeals of the decision by the Board of Licking County Commissioners were filed under Section 709.07 of the Revised Code; and

WHEREAS, following the expiration of the appeal period, the clerk of the Board of Licking County Commissioners delivered a certified copy of the entire record of the annexation proceedings; and

WHEREAS, sixty days have expired following the delivery of the certified copy of the annexation proceedings; and

WHEREAS, the Clerk of the Village Council has laid the Resolution of the Board of Licking County Commissioners granting the petition and the accompanying map and petition before the Village Council;

NOW, THEREFORE, BE IT ORDAINED BY COUNCIL OF THE VILLAGE OF GRANVILLE, COUNTY OF LICKING, STATE OF OHIO, THAT:

Section 1. The petition for the annexation of 514 acres +/- located in Granville and Union Townships to the Village of Granville included the following described real estate in the County of Licking and adjacent to the Village of Granville, to wit:

“Situated in the State of Ohio, County of Licking, partially in the Township of Granville in Quarter Townships 3 and 4, Township 2 North, Range 13 West, and partially in the Township of Union in Quarter Township 1, Township 1 North, Range 13 West, United States Military Lands, and being 514 acres of land more or less, all bounded and described as follows:

Beginning at a point in Lot No. 14 in the 3rd Range of Lots in the 1st Division, at a corner of the Village of Granville Corporation Line as recorded in Plat Book 16, Pages 399 and 400, all references being to the Recorder’s Office, Licking County, Ohio, as said corporation line was established by Ordinance No. 11-01, said point being in Raccoon Creek and at the southwest corner of a 4.000 acre tract of land conveyed as Exhibit “B” to The Board of Granville Township by deed of record in Instrument 199809110034893;

thence northerly along said Village of Granville Corporation Line established by Ordinance No. 11-01 and along the west line of said 4.000 acre tract a distance of approximately 407 feet to a point at a corner of said Village of Granville Corporation Line established by Ordinance No. 11-01, at the northwest corner of said 4.000 acre tract and in a south line of a 28.825 acre tract of land conveyed to The Thomas J. Evans Foundation (formerly The Penn Central Corporation and now a bikeway) by deed of record in Deed Book 809, Page 1018;

thence westerly along said Village of Granville Corporation Line established by Ordinance No. 11-01 and along a south line of said 28.825 acre tract a distance of approximately 159 feet to a point;

thence westerly along said Village of Granville Corporation Line established by Ordinance No. 11-01 and along a south line of said 28.825 acre tract a distance of approximately 304 feet to a point;

thence westerly along a portion of said Village of Granville Corporation Line established by Ordinance No. 11-01 and along a portion of a south line of said 28.825 acre tract a distance of approximately 183 feet to a point at a corner of the Village of Granville Corporation Line as recorded in Plat Book 1, Page 192, and as said corporation line was established by Ordinance No.;

thence northerly along a portion of said Village of Granville Corporation Line crossing said 28.825 acre tract, crossing a 4 acre tract of land conveyed to Trustees of Granville Cemetery by deed of record in Deed Book 85, Page 33, and crossing a tract of land conveyed to Trustees of Granville Cemetery a distance of approximately 650 feet to a point at a corner of the Village of Granville Corporation Line as recorded in Plat Book 13, Page 274, and as said corporation line was established by Ordinance No. 26-83;

thence easterly along said Village of Granville Corporation Line established by Ordinance No 26-83 a distance of approximately 120 feet to a point at the southwest corner of a 5.78 acre tract of land conveyed to The Board of Trustees of Granville Township by deed of record in Deed Book 650, Page 118;

thence northerly along said Village of Granville Corporation Line established by Ordinance No. 26-83 and along the west line of said 5.78 acre tract a distance of approximately 231 feet to a point;

thence northeasterly along said Village of Granville Corporation Line established by Ordinance No. 26-83 and along the northwest line of said 5.78 acre tract a distance of approximately 165 feet to a point;

thence easterly along said Village of Granville Corporation Line established by Ordinance No. 26-83 and along the north line of said 5.78 acre tract a distance of approximately 462 feet to a point;

thence southerly along said Village of Granville Corporation Line established by Ordinance No. 26-83 and along an east line of said 5.78 acre tract a distance of approximately 269 feet to a point;

thence southerly along said Village of Granville Corporation Line established by Ordinance No. 26-83, along an east line of said 5.78 acre tract and along a portion of the east line of a 5.99 acre tract of land conveyed as Parcel Two to Maple Grove Cemetery by deed of record in Deed Book 403, Page 598, a distance of approximately 553 feet to a point in a north line of said 28.825 acre tract;

thence easterly along a portion of said Village of Granville Corporation Line established by Ordinance No. 26-83 and along a portion of a north line of said 28.825 acre tract a distance of approximately 303 feet to a point in the east line extended northerly of a 0.72 acre tract of land conveyed as Parcel Two to Leola Marie Sheffler by deeds of record in Deed Book 508, Page 103 and in Deed Book 833, Page 1019;

thence southerly crossing said 28.825 acre tract and along the east line of said 0.72 acre tract a distance of approximately 90 feet to a point in the centerline of Raccoon Creek and in a north line of a 40.00 acre tract of land conveyed as Parcel No. 1 to The Board of Trustees of Granville Township by deed of record in Official Record 534, Page 194;

thence easterly along the centerline of Raccoon Creek and along north lines of said 40.00 acre tract the following eight (8) courses:

1) approximately 142 feet;

2) approximately 168 feet,

3) approximately 212 feet;

4) approximately 87 feet;

5) approximately 82 feet;

6) approximately 565 feet;

7) approximately 200 feet, and

8) approximately 200 feet to a point in the west line of a 7 acre tract of land conveyed to Township of Granville by deed of record in Instrument 199912290052184;

thence northerly along a portion of the west line of said 7 acre tract a distance of approximately 108 feet to a point at the northwest corner of said 7 acre tract and in a curved south line of said 28.825 acre tract;

thence easterly along the curved north line of said 7 acre tract and along a portion of a curved south line of said 28.825 acre tract a distance of approximately 341 feet to a point at the northeast corner of said 7 acre tract;

thence southerly along the east line of said 7 acre tract a distance of approximately 808 feet to a point in the centerline of Raccoon Creek, at the southeast corner of said 7 acre tract and in a north line of said 40.00 acre tract;

thence easterly along the centerline of Raccoon Creek and along a portion of a north line of said 40.00 acre tract a distance of approximately 106 feet to a point;

thence southeasterly along the centerline of Raccoon Creek and along an east line of said 40.00 acre tract a distance of approximately 218 feet to a point;

thence southerly along the centerline of Raccoon Creek and along an east line of said 40.00 acre tract a distance of approximately 245 feet to a point;

thence southwesterly along the centerline of Raccoon Creek and along an east line of said 40.00 acre tract a distance of approximately 199 feet to a point in the north limited access right-of-way line of Ohio Route 16 and at the southeast corner of said 40.00 acre tract, said point being 135 feet left of centerline station 165+28, as shown upon Sheet 14 of 26 of Ohio Department of Transportation right-of-way plans for LIC-161-11.13 and LIC-16-(14.30-18.51);

thence southerly crossing Ohio Route 16 a distance of approximately 260 feet to a point in the south limited access right-of-way line of Ohio Route 16 and at a corner of a 21.281 acre tract of land conveyed to Granville Township by deed of record in Instrument 200303310013924, said point being 125 feet right of centerline station 165+50;

thence easterly along a south limited access right-of-way line of Ohio Route 16 and along a north line of said 21.281 acre tract a distance of approximately 150 feet to a point, said point being 125 feet right of centerline station 167+00;

thence easterly along a south limited access right-of-way line of Ohio Route 16 and along a north line of said 21.281 acre tract a distance of approximately 1,201 feet to a point, said point being 175 feet right of centerline station 179+00;

thence easterly along a south limited access right-of-way line of Ohio Route 16 and along a north line of said 21.281 acre tract a distance of approximately 351 feet to a point at the northeast corner of said 21.281 acre tract, said point being 175 feet right of centerline station 182+51.62;

thence southerly along the east line of said 21.281 acre tract a distance of approximately 62 feet to a point;

thence southwesterly along a southeast line of said 21.281 acre tract a distance of approximately 446 feet to a point;

thence southwesterly along a southeast line of said 21.281 acre tract a distance of approximately 559 feet to a point in the centerline of Raccoon Creek, at a corner of said 21.281 acre tract, at the northeast corner of a 36.323 acre tract of land conveyed to The Board of Granville Township Trustees by deed of record in Instrument 200203200010678, at the northwest corner of Reserve “E” in Park Trails Section 5, as shown of record in Instrument 200408310031603 and at a corner of the City of Newark Corporation Line as recorded in Plat Book 16, Page 132, as said corporation line was established by Ordinance No. 98-51;

thence southerly along said City of Newark Corporation Line established by Ordinance No. 98-51, along a portion of the east line of said 36.323 acre tract and along the west line of said Reserve “E” a distance of approximately 1,153 feet to a point at the southwest corner of said Reserve “E” and at the northwest corner of a 20.906 acre tract of conveyed to Board of Township Trustees of Granville Township by deed of record in Instrument 200107190025993;

thence easterly along said City of Newark Corporation Line established by Ordinance No. 98-51, along the south line of said Reserve “E” and along the north line of said 20.906 acre tract a distance of approximately 1,122 feet to a point at a corner of said Reserve “E” and at the northeast corner of said 20.906 acre tract;

thence southerly along a portion of said City of Newark Corporation Line established by Ordinance No. 98-51, along a line of said Reserve “E”, along an east line of said 20.906 acre tract, along an east line of a 6.994 acre tract of land conveyed to Stanley J. and Jill A. Tataranowicz by deed of record in Instrument 200211210044439, along a west line of Reserve “D” in Park Trails Section 4, as shown of record in Plat Cabinet 17, Slides 245-250, along the west lines of Lots Nos. 13007, 13008, 13009 and 13010 in said Park Trails Section 4 and along a portion of the west line of Lot No. 13011 in said Park Trails Section 4 a distance of approximately 1,318 feet to a point at a southeast corner of said 6.994 acre tract, at the northeast corner of Lot No. 13094 in The Meadow at River Bend, as shown of record in Plat Cabinet 17, Slides 232 and 233 and at a corner of the City of Newark Corporation Line as recorded in Plat Book 16, Page 293, as said corporation line was established by Ordinance No. 2000-28;

thence westerly along said City of Newark Corporation Line established by Ordinance No. 2000-28, along a south line of said 6.994 acre tract, along the north line of said Lot No. 13094 and along the north line of Lot No. 13095 in said The Meadow at River Bend a distance of approximately 368 feet to a point at a corner of said 6.994 acre tract, at the northwest corner of said Lot No. 13095 and at the northwest corner of Lot no. 13096 in said The Meadow at River Bend;

thence southerly along said City of Newark Corporation Line established by Ordinance No. 2000-28, along an east line of said 6.994 acre tract, along the west line of said Lot No. 13096 and along the west lines of Lots Nos. 13097, 13098, 13099 and 13100 a distance of approximately 609 feet to a point in the centerline of River Road – Township Road No. 131 (40 feet wide) and at a southeast corner of said 6.994 acre tract;

thence westerly along said City of Newark Corporation Line established by Ordinance No. 2000-28, along the centerline of River Road and along a south line of said 6.994 acre tract a distance of approximately 59 feet to a point at the northeast corner of a 5.000 acre tract of land conveyed to Jeffery O. and Jill A. Mills by deed of record in Instrument 199910140042582;

thence southerly along said City of Newark Corporation Line established by Ordinance No. 2000-28, along the east line of said 5.000 acre tract, along the east line of a 14.2029 acre tract of land conveyed as Tract One to Robert B. Morris, Trustee, by deed of record in Instrument 200005050014328 and along a portion of the east line of a 38 acre tract of land conveyed to Robert D. Hunter by deed of record in Instrument 199812090047561 a distance of approximately 2,201 feet to a point at the northwest corner of an 8.342 acre tract of land conveyed to James A. and Kathleen M. Morrison by deed of record in Instrument 199809030033937;

thence easterly along said City of Newark Corporation Line established by Ordinance No. 2000-28, along the north line of said 8.342 acre tract and along the north line of an original 32 acre tract of land conveyed to John R. and Ann L. Lang by deed of record in Instrument 199711060006140 a distance of approximately 872 feet to a point at the northeast corner of said original 32 acre tract;

thence southerly along said City of Newark Corporation Line established by Ordinance No. 2000-28, along a portion of the east line of said original 32 acre tract and along a portion of the east line of a 2 acre tract of land conveyed out of said original 32 acre tract to Sherrill W. and Barbara J. Luce by deed of record in Official Record 95, Page 481, a distance of approximately 1,321 feet to a point in the curved centerline of James Road-Township Road No. 132 (no legal right-of-way width established) and at the northwest corner of a 4.800 acre tract of land conveyed to Robert I. and Margaret E. Ketner by deed of record in Official Record 6, Page 563;

thence northeasterly along said City of Newark Corporation Line established by Ordinance No. 2000-28, along a curved north line of said 4.800 acre tract, along a portion of the curved centerline of James Road and with a curve to the right having a radius of 63.66 feet a chord distance of approximately 48 feet to the point of tangency;

thence easterly along said City of Newark Corporation Line established by Ordinance No. 2000-28, along the centerline of James Road and along a portion of the north line of said 4.800 acre tract a distance of approximately 639 feet to a point at the southwest corner of a 5.6673 acre tract of land conveyed to James E. and Norma Eggenschwiler by deed of record in Instrument 200406040020363;

thence northerly along said City of Newark Corporation Line established by Ordinance No. 2000-28, along the west line of said 5.6673 acre tract and along a west line of a 6.838 acre tract of land conveyed to Susan G. Wolford by deed of record in Official Record 693, Page 86 a distance of approximately 1,270 feet to a point at the northwest corner of said 6.838 acre tract;

thence easterly along said City of Newark Corporation Line established by Ordinance No. 2000-28, along the north line of said 6.838 acre tract, along the north line of a 5.8191 acre tract of land conveyed to Jay R. and Beth M. Knudsen by deed of record in Instrument 200506020016328, along the north line of an 8.000 acre tract of land conveyed as Parcel Four to Kenneth C. and Lori A. Karst by deed of record in Instrument 200401090000898, along the north line of a 7.5616 acre tract of land conveyed as Parcel Two to Bethel Apostolic Church by deed of record in Instrument 199808030029370 and along the north line of a 6.6095 acre tract of land conveyed to Sally J. Drake by deed of record in Instrument 200204240015720 a distance of approximately 2,447 feet to a point at the northwest corner of said 6.6095 acre tract and at a corner of said City of Newark Corporation Line established by Ordinance No. 2000-28;

thence southerly along the east line of said 6.6095 acre tract a distance of approximately 202 feet to a point at the southeast corner of said 6.6095 acre tract, at the northeast corner of Lot No. 10617 in Country Estates, of record in Plat Book 13, Page 12, and at a corner of the City of Newark Corporation Line as recorded in Plat Book 13, Page 313, as said corporation line was established by Ordinance No. 86-83;

thence westerly along said City of Newark Corporation Line established by Ordinance No. 86-83, along a portion of a south line of said 6.6095 acre tract and along the north line of said Lot No. 10617 a distance of approximately 165 feet to a point at the northwest corner of said Lot No. 10617 and at the northeast corner of Lot No. 10618 in said Country Estates;

thence southerly along said City of Newark Corporation Line established by Ordinance No. 86-83, along the west line of said Lot No. 10617 and along the east line of said Lot No. 10618 a distance of approximately 389 feet to a point in the north right-of-way line of James Road-Township Road No. 132 and in the City of Newark Corporation Line as recorded in Plat Book 16, Page 151, as said corporation line was established by Ordinance No. 99-32;

thence westerly along the north right-of-way line of James Road, along the south line of said Lot No. 10618, along a portion of the south line of Lot No. 10619 in said Country Estates, parallel with and 30 feet northerly by perpendicular measurement from the centerline of James Road and along a portion of said City of Newark Corporation Line established by Ordinance No. 99-32 a distance of approximately 156 feet to a point in the east line extended northerly of a 0.91 acre tract of land conveyed to John J. Stretton, Jr. by deed of record in Official Record 500, Page 639, and in the west line extended northerly of Lot No. 12643 in Thornwood Office Park, as shown of record in Plat Book 16, Pages 316 and 317;

thence southerly crossing James Road, along said City of Newark Corporation Line established by Ordinance No. 99-32, along the east line extended northerly and along the east line of said 0.91 acre tract and along the west line extended northerly and along the west line of said Lot No. 12643 a distance of approximately 266 feet to a point at the southeast corner of said 0.91 acre tract, at the southwest corner of said Lot No. 12643 and at a corner of Lot No. 12644 in said Thornwood Office Park;

thence westerly along said City of Newark Corporation Line established by Ordinance No. 99-32, along the south line of said 0.91 acre tract and along a north line of said Lot No. 12644 a distance of approximately 199 feet to a point at the southwest corner of said 0.91 acre tract, at the northwest corner of said Lot No. 12644 and in the east line of a 5.077 acre tract of land conveyed to William E. Downey by deeds of record in Official Record 119, Pages 614 and 616 and in Official Record 707, Page 656;

thence southerly along said City of Newark Corporation Line established by Ordinance No. 99-32, along a portion of the east line of said 5.077 acre tract and along the west line of said Lot No. 12644 a distance of approximately 720 feet to a point in the Granville-Union Township Line, at the southeast corner of said 5.077 acre tract and in the City of Newark Corporation Line as recorded in Plat Book 17, Page 38, as said corporation line was established by Ordinance No. 01-50;

thence westerly along a portion of said City of Newark Corporation Line established by Ordinance No. 01-50, along the Granville-Union Township Line, along the south line of said 5.077 acre tract, along the south line of a 10.2433 acre tract of land conveyed to Richard B. and Cheryl A. White by deed of record in Instrument 2000206110021944, along the south line of a 5.000 acre tract of land conveyed to Michael L. and Tracy L. Crommes by deed of record in Instrument 200110120036706, along the south line of a 5.000 acre tract of land conveyed to James A. and Gloria L. Gibboney by deed of record in Official Record 254, Page 576, along the south line of a 5.000 acre tract conveyed to Jeffrey J. and Kimberly E. Ventura by deed of record in Official Record 102, Page 749, along the south line of said Ketner 4.800 acre tract and along the centerline of James Road a distance of approximate 2,764 feet to a point at the northeast corner of a 7.540 acre tract of land conveyed to Sherrill W. and Barbara J. Luce by deed of record in Official Record 491, Page 815;

thence southerly along an east line of said 7.540 acre tract a distance of approximately 361 feet to a point at a corner of said 7.540 acre tract;

thence easterly along a line of said 7.540 acre tract a distance of approximately 100 feet to a point at a corner of said 7.540 acre tract;

thence southerly along an east line of said 7.540 acre tract a distance of approximately 225 feet to a point at a corner of said 7.540 acre tract;

thence southeasterly along a line of said 7.540 acre tract a distance of approximately 99 feet to a point at a corner of said 7.540 acre tract;

thence southeasterly along a line of said 7.540 acre tract a distance of approximately 318 feet to a point at a corner of said 7.540 acre tract;

thence southerly along an east line of said 7.540 acre tract and along the east line of a 12.164 acre tract of land conveyed as Parcel Five to Patricia A. Taylor by deed of record in Official Record 182, Page 371 a distance of approximately 538 feet to a point at the southeast corner of said 12.164 acre tract;

thence westerly along a portion of the south line of said 12.164 acre tract a distance of approximately 906 feet to a point at the northeast corner of a 33.785 acre tract of land conveyed to Misty Hollow LLC by deed of record in Instrument 200212020045703;

thence southerly along a portion of the east line of said 33.785 acre tract a distance of approximately 1,458 feet to a point in the north right-of-way line of Hallie Lane-Township Road No. 133 (50 feet wide);

thence westerly along the north right-of-way line of Hallie Lane a distance of approximately 158 feet to a point of curvature;

thence westerly along a portion of the curved north right-of-way line of Hallie Lane a chord distance of approximately 72 feet to a point at a corner of said 33.785 acre tract;

thence westerly along a south line of said 33.785 acre tract a distance of approximately 770 feet to a point at the southwest corner of said 33.785 acre tract;

thence northerly along a west line of said 33.785 acre tract a distance of approximately 335 feet to a point at a corner of said 33.785 acre tract;

thence northerly along a west line of said 33.785 acre tract and along a portion of the west line of a 9.886 acre tract of land conveyed as Parcel Four to Patricia A. Taylor by deed of record in Official Record 182, Page 371, a distance of approximately 1,238 feet to a point at the southeast corner of a 41.376 acre tract of land conveyed to Patricia A. Taylor by deed of record in Official Record 496, Page 372;

thence westerly along a portion of the south line of said 41.376 acre tract a distance of approximately 1,242 feet to a point in the east right-of-way line of Canyon Road – Township Road No. 137 (no legal right-of-way width established);

thence northerly along the east right-of-way line of Canyon Road and parallel with and 30 feet westerly by perpendicular measurement from the centerline of Canyon Road and from a west line of said 41.376 acre tract a distance of approximately 432 feet to a point in a line of said 41.376 acre tract;

thence easterly along a portion of a line of said 41.376 acre tract a distance of approximately 184 feet to a point at a corner of said 41.376 acre tract;

thence northwesterly along a line of said 41.376 acre tract a distance of approximately 61 feet to a point at a corner of said 41.376 acre tract;

thence northwesterly along a portion of a line of said 41.376 acre tract a distance of approximately 410 feet to a point in the east right-of-way line of Canyon Road;

thence northerly along the east right-of-way line of Canyon Road and parallel with and 30 feet easterly by perpendicular measurement from the centerline of Canyon Road and from a west line of said 41.376 acre tract a distance of approximately 542 feet to a point in the south right-of-way line of James Road – Township Road No. 132 (no legal right-of-way width established);

thence easterly along the south right-of-way line of James Road and parallel with and 30 feet southerly by perpendicular measurement from the centerline of James Road, from the Granville – Union Township Line, from the north line of said 41.376 acre tract, from the north line of a 0.371 acre tract of land conveyed to Jill M. Dowell by deed of record in Instrument 200209170034717, from a north line of a 2.469 acre tract of land conveyed as Parcel Two to Patricia A. Taylor by deed of record in Official Record 182, Page 371, and from a portion of the north line of a 2.486 acre tract of land conveyed as Parcel Three to Patricia A. Taylor by deed of record in Official Record 182, Page 371, a distance of approximately 1,765 feet to a point in a west line extended southerly of a said Hunter 38 acre tract;

thence northerly crossing James Road, along a west line extended southerly and along a west line of said 38 acre tract a distance of approximately 1,349 feet to a point at a corner of said 38 acre tract (passing a point in the centerline of James Road and in the Granville-Union Township Line at 30 feet);

thence westerly along a south line of said 38 acre tract a distance of approximately 527 feet to a point to a corner of said 38 acre tract;

thence northerly along a west line of said 38 acre tract a distance of approximately 1,107 feet to a point at the northwest corner of said 38 acre tract;

thence easterly along a portion of the north line of said 38 acre tract a distance of approximately 210 feet to a point at the southwest corner of said Morris 14.2029 acre tract;

thence northerly along a west line of said 14.2029 acre tract a distance of approximately 654 feet to a point at a northwest corner of said 14.2029 acre tract;

thence easterly along a north line of said 14.2029 acre tract a distance of approximately 339 feet to a point at a corner of said 14.2029 acre tract;

thence northerly along a west line of said 14.2029 acre tract and along a west line of said Mills 5.000 acre tract a distance of approximately 733 feet to a point at a corner of said 5.000 acre tract;

thence northwesterly along a line of said 5.000 acre tract a distance of approximately 111 feet to a point at a corner of said 5.000 acre tract;

thence northerly along a west line of said 5.000 acre tract a distance of approximately 93 feet to a point in the centerline of River Road – Township Road No. 131 (40 feet wide) and at the northwest corner of said 5.000 acre tract;

thence easterly along the centerline of River Road and along a portion of the north line of said 5.000 acre tract a distance of approximately 120 feet to a point at a southwest corner of said Board of Township Trustees of Granville Township 20.906 acre tract;

thence northerly along a west line of said 20.906 acre tract a distance of approximately 1,290 feet to a point at a corner of said 20.906 acre tract;

thence westerly along a south line of said 20.906 acre tract a distance of approximately 296 feet to a point at a southwest corner of said 20.906 acre tract;

thence northerly along a portion of a west line of said 20.906 acre tract a distance of approximately 27 feet to a point at the southeast corner of said The Board of Granville Township Trustees 36.323 acre tract;

thence westerly along the south line of said 36.323 acre tract a distance of approximately 762 feet to a point at the southwest corner of said 36.323 acre tract;

thence northwesterly along the southwest line of said 36.323 acre tract a distance of approximately 1,012 feet to a point at a corner of said 36.323 acre tract, at the northeast corner of Lot No. 32 in Mill Race Subdivision Section 1, as shown of record in Plat Book 10, Pages 49, 50 and 51, and at the southeast corner of Lot No. 34 in said Mill Race Subdivision Section 1;

thence northerly along a west line of said 36.323 acre tract and along the east line of said Lot No. 34 a distance of approximately 211 feet to a point at a corner of said 36.323 acre tract, at the northeast corner of said Lot No. 34 and at a corner of Lot No. 35 in said Mill Race Subdivision Section 1;

thence northeasterly along a portion of the northwest line of said 36.323 acre tract and along the southeast line of said Lot No. 35 a distance of approximately 266 feet to a point at the easternmost corner of said Lot No. 35 and at the southernmost corner of a 23.79 acre tract of land conveyed to The Board of Trustees of Granville Township by deed of record in Official Record 887, Page 672;

thence northwesterly along a southwest line of said 23.79 acre tract, along the northeast line of said Lot No. 35 and along the northeast line of Lot No. 36 in said Mill Race Subdivision Section 1 a distance of approximately 467 feet to a point at a corner of said 23.79 acre tract and at a corner of said Lot No. 36;

thence westerly along a south line of said 23.79 acre tract, along the north line of said Lot No. 36 and along the north line of Lot No. 37 in said Mill Race Subdivision Section 1 a distance of approximately 200 feet to a point in the curved northeast right-of-way line of River Road;

thence northwesterly along the curved northeast right-of-way line of River Road a distance of approximately 110 feet to a point;

thence northwesterly along the curved northeast right-of-way line of River Road a distance of approximately 186 feet to a point;

thence northwesterly along the curved northeast right-of-way line of River Road a distance of approximately 155 feet to a point;

thence northwesterly along the curved northeast right-of-way line of River Road a distance of approximately 50 feet to a point;

thence northwesterly along the curved northeast right-of-way line of River Road a distance of approximately 97 feet to a point;

thence northwesterly along the curved northeast right-of-way line of River Road a distance of approximately 73 feet to a point;

thence northwesterly along the northeast right-of–way line of River Road a distance of approximately 292 feet to a point in the south limited access right-of-way line of Ohio Route 16, said point being 125 feet right of centerline station 149+00 as shown upon Sheet 13 of 26 of Ohio Department of Transportation right-of-way plans for LIC-161-11.13 and LIC-161-(14.30-18.51);

thence northwesterly crossing Ohio Route 16 a distance of approximately 664 feet to a point in the north limited access right-of-way line of Ohio Route 16, in the northeast right-of-way line of River Road and at southwest corner of said The Board of Trustees of Granville Township 40.00 acre tract, said point being 110 feet left of centerline station 142+79;

thence northwesterly along the northeast right-of-way line of River Road and along a west line of said 40.00 acre tract a distance of approximately 61 feet to a point at a corner of said 40.00 acre tract;

thence easterly along a line of said 40.00 acre tract a distance of approximately 104 feet to a point at a corner of said 40.00 acre tract;

thence easterly along a line of said 40.00 acre tract a distance of approximately 250 feet to a point at a corner of said 40.00 acre tract;

thence easterly along a line of said 40.00 acre tract a distance of approximately 815 feet to a point at a corner of said 40.00 acre tract;

thence northerly along a west line of said 40.00 acre tract a distance of approximately 1,260 feet to a point at a corner of said 40.00 acre tract;

thence westerly along a line of said 40.00 acre tract a distance of approximately 50 feet to a point at a corner of said 40 acre tract;

thence westerly along a line of said 40.00 acre tract a distance of approximately 164 feet to a point at a corner of said 40.0 acre tract;

thence northwesterly along a ling of said 40.00 acre tract a distance of approximately 122 feet to a point at a corner of said 40.00 acre tract;

thence northwesterly along a line of said 40.00 acre tract a distance of approximately 171 feet to a point at a corner of said 40.00 acre tract;

thence westerly along a line of said 40.00 acre tract a distance of approximately 95 feet to a point at a corner of said 40.00 acre tract;

thence westerly along a line of said 40.00 acre tract a distance of approximately 93 feet to a point at a corner of said 40.00 acre tract;

thence westerly along a line of said 40.00 acre tract a distance of approximately 88 feet to a point at a corner of said 40.00 acre tract;

thence southwesterly along a line of said 40.00 acre tract a distance of approximately 348 feet to a point at a corner of said 40.00 acre tract;

thence westerly along a line of said 40.00 acre tract a distance of approximately 175 feet to a point at a corner of said 40.00 acre tract;

thence northeasterly along a west line of said 40.00 acre tract a distance of approximately 184 feet to a point in the centerline of Raccoon Creek, at a corner of said 40.00 acre tract and in a south line of said The Board of Granville Township 4.000 acre tract;

thence westerly along the centerline of Raccoon Creek and along a portion of a south line of said 4.000 acre tract a distance of approximately 48 feet to a point at a corner of said 4.000 acre tract;

thence westerly along the centerline of Raccoon Creek and along a south line of said 4.000 acre tract a distance of approximately 282 feet to the place of beginning;

containing 514 acres of land more or less.”

The foregoing description was filed with the Board of County Commissioners of Licking County by Christopher Strayer, Agent for the Petitioners, on November 6, 2006.

Section 2. An accurate map of the territory, together with the petition of its annexation, and other papers relating thereto, and a certified transcript of the proceedings of the Licking County Commissioners in relation thereto are on file with the Clerk of Council of the Village of Granville. A copy of the map has been attached hereto as Exhibit A and is incorporated herein.

Section 3. The petition for the annexation of 514 +/- acres located in Granville and Union Townships to the Village of Granville as described in Section 1 above is hereby accepted.

Section 4. In accordance with Section 519.18 of the Ohio Revised Code, the township zoning regulations currently in effect for said 514 +/- acres shall remain in effect until the Village Council adopts new regulations.

Section 5. The Village Manager is hereby directed, on behalf of the Village Council, to initiate the procedure to zone the 514 +/- acres under the Village’s zoning regulations.

Section 6. This ordinance shall be effective from and after the earliest period allowed by law.

PASSED this 20th day of June, 2007.

Ordinance 05-07

ORDINANCE NO. 05-07

AN ORDINANCE APPROVING THE APPLICATION TO REZONE PROPERTY OWNED BY ORVILLE AND AUDREY ORR, 124 AND 128 SOUTH PEARL STREET, FROM VRD (VILLAGE RESIDENTIAL DISTRICT TO VBD-A (VILLAGE BUSINESS DISTRICT-GROUP A, WITH USES LIMITED TO HOTELS, MOTELS, AND INNS)

WHEREAS, Orville and Audrey Orr have filed a written application pursuant to Chapter 1143 of the Codified Ordinances requesting a rezoning of the properties located at 124 and 128 South Pearl Street from the current zoning of Village Residential District (VRD) to the zoning classification of Village Business District-Group A (VBD-A); and,

WHEREAS, the Granville Planning Commission, after conducting a public hearing on the application and considering the issue, has recommended that this property be rezoned to VBD-A (Village Business District-Group A, with uses limited to hotels, motels, and inns offering board and lodging); and,

WHEREAS, the Granville Planning Commission believes that this property is suitable for the zoning classification of VBD-A (Village Business District-Group A, with uses limited to hotels, motels, and inns offering board and lodging). 

NOW, THEREFORE, Be it ordained by the Council of Granville, Ohio that:

Section  I: Upon recommendation of the Planning Commission and after a public hearing, the application of Orville and Audrey Orr to rezone their properties located at 124 and 128 South Pearl Street from Village Residential District to Village Business District-Group A is approved and the property is hereby rezoned in accordance with Section II of this Ordinance.  

Section  II: The Official Zoning Map of the Village of Granville, Ohio, is hereby amended and revised by changing the zoning of the property described in Exhibit A, which is attached hereto and made a part hereof, from Village Residential District (VRD) to the zoning classification of Village Business District-Group A (VBD-A).  In accordance with Section 1159.02(a)(2)(A) of the Codified Ordinances, the permitted uses in the VBD-A Zoning District shall be limited to hotels, motels, and inns offering board and lodging.

Section III: The Village Manager is hereby authorized and directed to make this change on the Zoning Map maintained under Section 1155.02 of the Codified Ordinances.

Section IV: This Ordinance shall take effect and be in full force and effect upon the earliest date allowed by law.

Ordinance 04-07

ORDINANCE NO. 04-07

AN ORDINANCE TO PERMIT THE DEMOLITION OF A SINGLE-STORY STRUCTURE AT 2326 NEWARK-GRANVILLE ROAD


WHEREAS, the Village of Granville adopted Chapter 1162 of the Granville Zoning Code in order to protect the aesthetic quality of the community and protect the significant viewsheds and corridors, and;

WHEREAS, upon review of the request for demolition, the Village of Granville finds that the demolition of this single-family structure would in no way diminish the quality of life for the community and its residents.

NOW, THEREFORE, be it ordained by the Council of Granville, Ohio, that:

Section I: The Village of Granville authorizes the demolition of a single-story structure located on the property at 2326 Newark-Granville Road, which is identified in Exhibit A that is attached hereto.

Section II: In accordance with Section 1162.05 of the Codified Ordinances, the applicant shall furnish a surety bond in the amount of $4,000 to guarantee the approved demolition. Any future construction plans or landscaping that has not been commenced in a time period deemed sufficient by the Village Manager will result in the forfeiture of the surety bond.  

Section III: This ordinance shall take effect and be in full force from and after the earliest period allowed by law.

Ordinance 03-07

ORDINANCE NO. 03-07

AN ORDINANCE TO ENACT NEW CHAPTER 1177 OF THE CODIFIED ORDINANCES OF THE VILLAGE OF GRANVILLE TO CONFORM THE VILLAGE FLOOD HAZARD OVERLAY ZONING DISTRICT TO STATE OF OHIO REQUIREMENTS AND TO BETTER ESTABLISH A SYSTEM OF FLOOD DAMAGE PREVENTION AND CONTROL WITHIN THE VILLAGE.

 WHEREAS, the Council of the Village of Granville has determined that it is necessary to update and modernize its Flood Hazard Overlay District and conform the same to requirements of the Department of Natural Resources of the State of Ohio in order to better protect the citizens of the Village and to provide for a better system of flood management and flood prevention and control.

 NOW THEREFORE, BE IT ORDAINED by the Council of the Village of Granville, Ohio, that:

 Section 1.  New Chapter 1177 of the Codified Ordinances of the Village of Granville is hereby enacted to read as follows:

 "1177.01  FLOOD HAZARD OVERLAY DISTRICT
 There is hereby established a Flood Hazard Overlay District within the Village of Granville, Ohio.  This Overlay District shall apply to all special flood hazard areas within the jurisdiction of the Village as identified in Section 1177.04 of the Codified Ordinances, including any additional special flood hazard areas annexed by the Village of Granville.  The underlying zoning district as shown on the Official Zoning Map shall hereafter be called the base district.  Uses and minimum requirements shall be determined by the base district.  However, if the provisions governing the overlay district are stricter than those of the base district, the provisions of this Chapter shall supersede those of the base district.

 1177.02  TITLE AND PURPOSE
 (a) Findings of Fact.  The Village of Granville has special flood hazard areas that are subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base.  Additionally, structures that are inadequately elevated, floodproofed, or otherwise protected from flood damage also contribute to the flood loss.  In order to minimize the threat of such damages and to achieve the purposes hereinafter set forth, these regulations are adopted.
 
 (b) Statement of Purpose.  It is the purpose of Chapter 1177 of the Codified Ordinances, which are referred to herein as "regulations," to promote the public health, safety and general welfare, and to:
 (1) Protect human life and health;
  (2) Minimize expenditure of public money for costly flood control projects;
 (3) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
  (4) Minimize prolonged business interruptions;
 (5) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, and streets and bridges located  in areas of special flood hazard;
 (6) Help maintain a stable tax base by providing for the proper use and development of areas of special flood hazard so as to protect property and  minimize
future flood blight areas;
 (7) Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions;
 (8) Minimize the impact of development on adjacent properties within and near flood prone areas;
 (9) Ensure that the flood storage and conveyance functions of the floodplain are maintained;
 (10) Minimize the impact of development on the natural, beneficial values of the floodplain;
 (11) Prevent floodplain uses that are either hazardous or environmentally incompatible; and
 (12) Meet community participation requirements of the National Flood Insurance Program.

 (c) Methods of Reducing Flood Losses. In order to accomplish its purposes, these regulations include methods and provisions for:
  (1) Restricting or prohibiting uses which are dangerous to health, safety, and property due to water hazards, or which result in damaging increases in flood heights or velocities;
  (2) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
  (3) Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;
  (4) Controlling filling, grading, dredging, excavating, and other development which may increase flood damage; and
  (5) Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.

 (d) Statutory Authorization. This Chapter is adopted pursuant to Article XVIII, Section 3, of the Ohio Constitution, which grants municipalities the legal authority to adopt land use regulations and to control measures for promoting the health, safety, and general welfare of its citizens.

 1177.03  DEFINITIONS.
 (a) Unless specifically defined below, words or phrases used in these regulations shall be interpreted so as to give them the meaning they have in common usage and to give these regulations the most reasonable application.
 (1) "Accessory Structure" means a structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal structure.
 (2) "Appeal" means a request for review of the floodplain administrator's interpretation of any provision of these regulations or a request for a variance.
 (3) "Base Flood" means the flood having a one percent chance of being equaled or exceeded in any given year. The base flood may also be referred to as the 1% chance annual flood or one-hundred (100) year flood.
 (4) "Base (100-Year) Flood Elevation (BFE)" means the water surface elevation of the base flood in relation to a specified datum, usually the National Geodetic Vertical Datum of 1929 or the North American Vertical Datum of 1988, and usually expressed in Feet Mean Sea Level (MSL).  In Zone AO areas, the base flood elevation is the natural grade elevation plus the depth number (from 1 to 3 feet).
 (5) "Basement" means any area of the building having its floor subgrade (below ground level) on all sides.
 (6) "Development" means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.
 (7) "Enclosure Below the Lowest Floor" See "Lowest Floor."
 (8) "Executive Order 11988 (Floodplain Management)" issued by President Carter in 1977, this order requires that no federally assisted activities be conducted in or have the potential to affect identified special flood hazard areas, unless there is no practicable alternative.
 (9) "Federal Emergency Management Agency (FEMA)" means the agency with the overall responsibility for administering the National Flood Insurance Program.
 (10) "Fill" means a deposit of earth material placed by artificial means.
 (11) "Flood or Flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from:
      A. The overflow of inland or tidal waters, and/or
 B. The unusual and rapid accumulation or runoff of surface waters from any source.
 (12) "Flood Hazard Boundary Map (FHBM)" means the initial map, produced by the Federal Emergency Management Agency or U.S. Department of Housing and Urban Development, for a community depicting approximate special flood hazard areas.
 (13) "Flood Insurance Rate Map (FIRM)" means an official map on which the Federal Emergency Management Agency or the U.S. Department of Housing and Urban Development has delineated the areas of special flood hazard.
 (14) "Flood Insurance Risk Zones" means zone designations on FHBMs and FIRMs that indicate the magnitude of the flood hazard in specific areas of a community.  Following are the zone definitions:
 A. Zone A: Special flood hazard areas inundated by the 100-year flood; base flood elevations are not determined.
 B. Zones A1-30 and Zone AE: Special flood hazard areas inundated by the 100-year flood; base flood elevations are determined.
 C. Zone AO: Special flood hazard areas inundated by the 100-year flood; with flood depths of 1 to 3 feet (usually sheet flow on sloping terrain); average depths are determined.
 D. Zone AH: Special flood hazard areas inundated by the 100-year flood; flood depths of 1 to 3 feet (usually areas of ponding); base flood elevations are determined.
 E. Zone A99: Special flood hazard areas inundated by the 100-year flood to be protected from the 100-year flood by a Federal flood protection system under construction; no base flood elevations are determined.
 F. Zone B and Zone X (shaded): Areas of 500-year flood; areas subject to the 100-year flood with average depths of less than 1 foot or with contributing drainage area less than 1 square mile; and areas protected by levees from the base flood.
 G. Zone C and Zone X (unshaded): Areas determined to be outside the 500-year floodplain.
 (15) "Flood Insurance Study (FIS)" means the official report in which the Federal Emergency Management Agency or the U.S. Department of Housing and Urban Development has provided flood profiles, floodway boundaries (sometimes shown on Flood Boundary and Floodway Maps), and the water surface elevations of the base flood.
 (16) "Flood Protection Elevation" means the Flood Protection Elevation, or FPE, and is the base flood elevation plus 1.5 feet of freeboard.  In areas where no base flood elevations exist from any authoritative source, the flood protection elevation can be historical flood elevations or base flood elevations determined and/or approved by the floodplain administrator.
 (17) "Floodway" means a channel of a river or other watercourse and the adjacent land areas that have been reserved in order to pass the base flood discharge.  A floodway is typically determined through a hydraulic and hydrologic engineering analysis such that the cumulative increase in the water surface elevation of the base flood discharge is no more than a designated height.  In no case shall the designated height be more than one foot at any point within the community.  The floodway is an extremely hazardous area, and is usually characterized by any of the following:  Moderate to high velocity flood waters, high potential for debris and projectile impacts, and moderate to high erosion forces.
 (18) "Freeboard" means a factor of safety usually expressed in feet above a flood level for the purposes of floodplain management.  Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, obstructed bridge openings, debris and ice jams, and the hydrologic effect of urbanization in a watershed.
 (19) "Historic structure" means any structure that is:
 A. Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listings on the National Register;
 B. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; or
 C. Individually listed on the State of Ohio's inventory of historic places maintained by the Ohio Historic Preservation Office.
 (20) "Hydrologic and hydraulic engineering analysis" means an analysis performed by a professional engineer, registered in the State of Ohio, in accordance with standard engineering practices as accepted by FEMA, used to determine flood elevations and/or floodway boundaries.
 (21) "Letter of Map Change (LOMC)" means an official FEMA determination, by letter, to amend or revise effective Flood Insurance Rate Maps, Flood Boundary and Floodway Maps, and Flood Insurance Studies.  LOMC's are broken down into the following categories:
 A. "Letter of Map Amendment (LOMA)" means a revision based on technical data showing that a property was incorrectly included in a designated special flood hazard area.  A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property is not located in a special flood hazard area.
 B. "Letter of Map Revision (LOMR)" means a revision based on technical data that, usually due to manmade changes, shows changes to flood zones, flood elevations, floodplain and floodway delineations, and planimetric features.  One common type of LOMR, a LOMR-F, is a determination concerning whether a structure or parcel has been elevated by fill above the base flood elevation and is, therefore, excluded from the special flood hazard area.
 C. "Conditional Letter of Map Revision (CLOMR)"means a formal review and comment by FEMA as to whether a proposed project complies with the minimum National Flood Insurance Program floodplain management criteria.  A CLOMR does not amend or revise effective Flood Insurance Rate Maps, Flood Boundary and Floodway Maps, or Flood Insurance Studies.
 (22) "Lowest floor" means the lowest floor of the lowest enclosed area (including basement) of a structure. This definition excludes an "enclosure below the lowest floor" which is an unfinished or flood resistant enclosure usable solely for parking of vehicles, building access or storage, in an area other than a basement area, provided that such enclosure is built in accordance with the applicable design requirements specified in these regulations for enclosures below the lowest floor.
 (23) "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle".  For the purposes of these regulations, a manufactured home includes manufactured homes and mobile homes as defined in Chapter 3733 of the Ohio Revised Code.
 (24) "Manufactured home park" means as specified in the Ohio Administrative Code 3701-27-01, a manufactured home park is any tract of land upon which three or more manufactured homes, used for habitation are parked, either free of charge or for revenue purposes, and includes any roadway, building, structure, vehicle, or enclosure used or intended for use as part of the facilities of the park.  A tract of land that is subdivided and the individual lots are not for rent or rented, but are for sale or sold for the purpose of installation of manufactured homes on the lots, is not a manufactured home park, even though three or more manufactured homes are parked thereon, if the roadways are dedicated to the local government authority.
 (25) "National Flood Insurance Program (NFIP)" means a Federal program enabling property owners in participating communities to purchase insurance protection against losses from flooding.  This insurance is designed to provide an insurance alternative to disaster assistance to meet the escalating costs of repairing damage to buildings and their contents caused by floods.  Participation in the NFIP is based on an agreement between local communities and the Federal government that states if a community will adopt and enforce floodplain management regulations to reduce future flood risks to all development in special flood hazard areas, the Federal government will make flood insurance available within the community as a financial protection against flood loss.
 (26) "New construction" means structures for which the "start of construction" commenced on or after the initial effective date of the Village of Granville Flood Insurance Rate Map, May 17, 1982, and includes any subsequent improvements to such structures.
 (27) "Person" means any individual or group of individuals, corporation, partnership, association, or any other entity, including state and local governments and agencies.  An agency is further defined in the Ohio Revised Code Section 111.15 as any governmental entity of the state and includes, but is not limited to, any board, department, division, commission, bureau, society, council, institution, state college or university, community college district, technical college district, or state community college.  "Agency" does not include the general assembly, the controlling board, the adjutant general's department, or any court.
 (28) "Recreational vehicle" means a vehicle which is (1) built on a single chassis, (2) 400 square feet or less when measured at the largest horizontal projection, (3) designed to be self- propelled or permanently towable by a light duty truck, and (4) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
 (29) "Registered Professional Architect" means a person registered to engage in the practice of architecture under the provisions of Sections 4703.01 to 4703.19 of the Revised Code.
 (30) "Registered Professional Engineer" means a person registered as a professional engineer under Chapter 4733 of the Revised Code.
 (31) "Registered Professional Surveyor" means a person registered as a professional surveyor under Chapter 4733 of the Revised Code.
 (32) "Special Flood Hazard Area" means the land in the floodplain subject to a one percent or greater chance of flooding in any given year, also known as "Areas of Special Flood Hazard".  Special flood hazard areas are designated by the Federal Emergency Management Agency on Flood Insurance Rate Maps, Flood Insurance Studies, Flood Boundary and Floodway Maps and Flood Hazard Boundary Maps as Zones A, AE, AH, AO, A1-30, and A99.  Special flood hazard areas may also refer to areas that are flood prone and designated from other federal state or local sources of data including but not limited to historical flood information reflecting high water marks, previous flood inundation areas, and flood prone soils associated with a watercourse.
 (33) "Start of construction" means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date.  The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation.  Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.  For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of a building.
 (34) "Structure" means a walled and roofed building, manufactured home, or gas or liquid storage tank that is principally above ground.
 (35) "Substantial Damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
 (36) "Substantial Improvement" means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement.  This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed.  The term does not, however, include:
 A. Any improvement to a structure which is considered "new construction";
 B. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified prior to the application for a development permit by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
 C. Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure".
 (37) "Variance" means a grant of relief from the standards of these regulations consistent with the variance conditions herein.
 (38) "Violation" means the failure of a structure or other development to be fully compliant with these regulations.

 1177.04 GENERAL PROVISIONS.
 (a) Basis for Establishing the Areas of Special Flood Hazard.  For the purposes of this Chapter, the following studies and/or maps are adopted:
 (1)  Flood Insurance Study Licking County, Ohio and Incorporated Areas and Flood Insurance Rate Map Licking County, Ohio and Incorporated Areas both effective 05/02/2007.
  (2)  Other studies and maps, which may be relied upon for establishment of the flood protection elevation, delineation of the 100-year floodplain, floodways or delineation of other areas of special flood hazard.
  (3)  Any hydrologic and hydraulic engineering analysis authored by a registered Professional Engineer in the State of Ohio which has been approved by the Village of Granville as required by Subdivisions and Large Scale Development Section 1177.06(b) of the Codified Ordinances.
 (4)  Any revisions to the aforementioned maps and studies are hereby adopted by reference and declared to be a part of these regulations.  Such maps and/or studies are on file at 141 East Broadway, Granville, Ohio.

 (b) Abrogation and Greater Restrictions.  These regulations are not intended to repeal any existing ordinances or resolutions, including subdivision regulations, zoning or building codes.  In the event of a conflict between these regulations and any other ordinance, the more restrictive shall be followed.  These regulations shall not intend to impair any deed restriction covenant or easement, but the land subject to such interests shall also be governed by the regulations.

 (c) Interpretation.  In the interpretation and application of these regulations, all provisions shall be:
 (1) Considered as minimum requirements;
 (2) Liberally construed in favor of the governing body; and
 (3) Deemed neither to limit nor repeal any other powers granted under state statutes.  Where a provision of these regulations may be in conflict with a state or Federal law, such state or Federal law shall take precedence over these regulations.

 (d) Warning and Disclaimer of Liability.  The degree of flood protection required by these regulations is considered reasonable for regulatory purposes and is based on scientific and engineering considerations.  Larger floods can and will occur on rare occasions.  Flood heights may be increased by manmade or natural causes. These regulations do not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damage. These regulations shall not create liability on the part of the Village of Granville, any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damage that results from reliance on these regulations or any administrative decision lawfully made thereunder.

 (e) Severability.  Should any section or provision of these regulations be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the regulations as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid.

 1177.05  PERMITTED AND PROHIBITED USES
 The following use standards shall apply to development wholly within, partially within, or in contact with any special flood hazard area as established in Sections 1177.04 or 1177.08(j):

 (a) Permitted Uses.  All uses permitted in the base or underlying zoning district and not otherwise prohibited in this Chapter or any other applicable land use regulation adopted by the Village of Granville shall be permitted uses within the Flood Plain Overlay District provided they meet the provisions of these regulations.

 (b) Prohibited Uses.  Private water supply systems in all special flood hazard areas identified by FEMA, permitted under Chapter 3701 of the Ohio Revised Code, and
infectious waste treatment facilities in all special flood hazard areas, permitted under Chapter 3734 of the Ohio Revised Code shall not be permitted.


 1177.06  DEVELOPMENT STANDARDS AND REGULATIONS
 The following development standards and regulations shall apply to development wholly within, partially within, or in contact with any special flood hazard area as established in Sections 1177.04 or 1177.08(j):

 (a) Water and Wastewater Systems.  The following standards shall apply to all water supply, sanitary sewerage and waste disposal systems not otherwise regulated by the Ohio Revised Code:
 (1) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the systems;
 (2) New and replacement sanitary sewerage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and,
 (3) On-site waste disposal systems shall be located to avoid impairment to or contamination from them during flooding.

 (b) Subdivisions and Large Developments. 
 (1) All subdivision proposals shall be consistent with the need to minimize flood damage and are subject to all applicable standards in these regulations;
 (2) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage;
 (3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage;
 (4) In all areas of special flood hazard where base flood elevation data are not available, the applicant shall provide a hydrologic and hydraulic engineering analysis that generates base flood elevations for all subdivision proposals and other proposed developments containing at least 50 lots or 5 acres, whichever is less;
 (5) The applicant shall meet the requirement to submit technical data to FEMA in Section 1177.08(i)(1)(A)(4) of the Codified Ordinances when a hydrologic and hydraulic analysis is completed that generates base flood elevations as required by Section 1177.06(b)(4) of the Codified Ordinances.

 (c) Residential Structures.
 (1) New construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.  Where a structure, including its foundation members, is elevated on fill to or above the base flood elevation, the requirements for anchoring under Section 1177.06(c)(1) of the Codified Ordinances and construction materials resistant to flood damage Section 1177.06(c)(2) of the Codified Ordinances are satisfied.
 (2) New construction and substantial improvements shall be constructed with methods and materials resistant to flood damage.
 (3) New construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or elevated so as to prevent water from entering or accumulating within the components during conditions of flooding.
 (4) New construction and substantial improvement of any residential structure, including manufactured homes, shall have the lowest floor, including basement, elevated to or above the flood protection elevation.
 (5) New construction and substantial improvements, including manufactured homes, that do not have basements and that are elevated to the flood protection elevation using pilings, columns, posts, or solid foundation perimeter walls with openings sufficient to allow unimpeded movement of flood waters may have an enclosure below the lowest floor provided the enclosure meets the following standards:
 A. Be used only for the parking of vehicles, building access, or storage; and
 B. Be designed and certified by a registered professional engineer or architect to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters; or
 C. Have a minimum of two openings on different walls having a total net area not less than one square inch for every square foot of enclosed area, and the bottom of all such openings being no higher than one foot above grade.  The openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
 (6) Manufactured homes shall be affixed to a permanent foundation and anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.  Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors.
 (7) Repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and is the minimum necessary to preserve the historic character and design of the structure, shall be exempt from the development standards of Section 1177.06(c) of the Codified Ordinances.

 (d) Nonresidential Structures.
 (1) New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall meet the requirements of Section 1177.06(c)(1)-(3) and (c)(5)-(7) of the Codified Ordinances.
 (2) New construction and substantial improvement of any commercial, industrial or other non-residential structure shall either have the lowest floor, including basement, elevated to or above the level of the flood protection elevation, or, together with attendant utility and sanitary facilities, shall meet all of the following standards:
 A. Be dry floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water to the level of the flood protection elevation;
 B. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
 C. Be certified by a registered professional engineer or architect, through the use of a Federal Emergency Management Floodproofing Certificate, that the design and methods of construction are in accordance Section 1177.06(d)(2) (A)&(B) of the Codified Ordinances.

 (e) Accessory Structures.  Relief to the elevation or dry floodproofing standards may be granted for accessory structures containing no more than 600 square feet.  Such structures must meet the following standards:
 (1) They shall not be used for human habitation;
 (2) They shall be constructed of flood resistant materials;
 (3) They shall be constructed and placed on the lot to offer the minimum resistance to the flow of flood waters;
 (4) They shall be firmly anchored to prevent flotation;
 (5) Service facilities such as electrical and heating equipment shall be elevated or floodproofed to or above the level of the flood protection elevation; and
 (6) They shall meet the opening requirements of subdivision C of Section 1177.06(c)(5) of the Codified Ordinances (this Section).

 (f) Recreational Vehicles.  Recreational vehicles must meet at least one of the following standards:
 (1) They shall not be located on sites in special food hazard areas for more than 180 days; or
 (2) They must be fully licensed and ready for highway use; or
 (3) They must meet all standards of Section 1177.06(c) of the Codified Ordinances.

 (g) Above Ground Gas or Liquid Storage Tanks.  All above ground gas or liquid storage tanks shall be anchored to prevent flotation or lateral movement resulting from hydrodynamic and hydrostatic loads.

 (h) Assurance of Flood Carrying Capacity.  Pursuant to the purpose and methods of reducing flood damage stated in these regulations, the following additional standards are adopted to assure that the reduction of the flood carrying capacity of watercourses is minimized:
 (1) Development in Floodways.
 A. In floodway areas, development shall cause no increase in flood levels during the occurrence of the base flood discharge.  Prior to issuance of a floodplain development permit, the applicant must submit a hydrologic and hydraulic analysis, conducted by a registered professional engineer, demonstrating that the proposed development would not result in any increase in the base flood elevation; or
 B. Development in floodway areas causing increases in the base flood elevation may be permitted provided all of the following are completed by the applicant:
 1. Meet the requirements to submit technical data in Section 1177.08(i)(1) of the Codified Ordinances;
 2. An evaluation of alternatives which would not result in increased base flood elevations and an explanation why these alternatives are not feasible;
 3. Certification that no structures are located in areas which would be impacted by the increased base flood elevation;
 4. Documentation of individual legal notices to all impacted property owners within and outside the community, explaining the impact of the proposed action on their property; and
 5. Concurrence of the Village Manager of the Village of Granville and the Chief Executive Officer of any other communities impacted by the proposed actions.
 (2) Development in Riverine Areas with Base Flood Elevations but No Floodways.
 A. In riverine special flood hazard areas identified by FEMA where base flood elevation data are provided but no floodways have been designated, the cumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the base flood elevation more than 1.0 (one) foot at any point. Prior to issuance of a floodplain development permit, the applicant must submit a hydrologic and hydraulic analysis, conducted by a registered professional engineer, demonstrating that this standard has been met; or
 B. Development in riverine special flood hazard areas identified by FEMA where base flood elevation data are provided but no floodways have been designated causing more than 1.0 (one) foot increase in the base flood elevation may be permitted provided all of the following are completed by the applicant:
 1. An evaluation of alternatives which would result in an increase of 1.0 (one) foot or less of the base flood elevation and an explanation why these alternatives are not feasible;
 2.  The requirements of Section 1177.06(h)(1)(B)(1) and (3)-(5) of the Codified Ordinances.
 (3) Alterations of a Watercourse.  For the purpose of these regulations, a watercourse is altered when any change occurs within its banks.  The extent of the banks shall be established by a field determination of the "bankfull stage." The field determination of "bankfull stage" shall be based on methods presented in Chapter 7 of the USDA Forest Service General Technical Report RM-245, Stream Channel Reference Sites:  An Illustrated Guide to Field Technique or other applicable publication available from a Federal, State, or other authoritative source. For all proposed developments that alter a watercourse, the following standards apply:
 A. The bankfull flood carrying capacity of the altered or relocated portion of the watercourse shall not be diminished.  Prior to the issuance of a floodplain development permit, the applicant must submit a description of the extent to which any watercourse will be altered or relocated as a result of the proposed development, and certification by a registered professional engineer that the bankfull flood carrying capacity of the watercourse will not be diminished.
 B. Adjacent communities, the U.S. Army Corps of Engineers, and the Ohio Department of Natural Resources, Division of Water, must be notified prior to any alteration or relocation of a watercourse. Evidence of such notification must be submitted to the Federal Emergency Management Agency.
 C. The applicant shall be responsible for providing the necessary maintenance for the altered or relocated portion of said watercourse so that the flood carrying capacity will not be diminished.  The Floodplain Administrator may require the permit holder to enter into an agreement with the Village of Granville specifying the  maintenance responsibilities.  If an agreement is required, it shall be made a condition of the floodplain development permit.
 D. The applicant shall meet the requirements to submit technical data in Section 1177.08(i)(1)(A)(3) of the Codified Ordinances when an alteration of a watercourse results in the relocation or elimination of the special flood hazard area, including the placement of culverts.

 1177.07  ADMINISTRATION
 (a) Designation of the Floodplain Administrator.  The Village Manager is hereby appointed to administer and implement these regulations and is referred to herein as the Floodplain Administrator.

 (b) Duties and Responsibilities of the Floodplain Administrator. The duties and responsibilities of the Floodplain Administrator shall include but are not limited to:
 (1) Evaluate applications for permits to develop in special flood hazard areas.
 (2) Interpret floodplain boundaries and provide flood hazard and flood protection elevation information.
 (3) Issue permits to develop in special flood hazard areas when the provisions of these regulations have been met, or refuse to issue the same in the event of noncompliance.
 (4) Inspect buildings and lands to determine whether any violations of these regulations have been committed.
 (5) Make and permanently keep all records for public inspection necessary for the administration of these regulations including Flood Insurance Rate Maps, Letters of Map Amendment and Revision, records of issuance and denial of permits to develop in special flood hazard areas, determinations of whether development is in or out of special flood hazard areas for the purpose of issuing floodplain development permits, elevation certificates, variances, and records of enforcement actions taken for violations of these regulations.
 (6) Enforce the provisions of these regulations.
 (7) Provide information, testimony, or other evidence as needed during variance hearings.
 (8) Coordinate map maintenance activities and FEMA follow-up.
 (9) Conduct substantial damage determinations to determine whether existing structures, damaged from any source and in special flood hazard areas identified by FEMA, must meet the development standards of these regulations.

 1177.08  FLOODPLAIN DEVELOPMENT PERMITS
 (a) Floodplain Development Permits.  No person shall begin construction or other development activity, including but not limited to filling; grading; construction; alteration, remodeling, or expanding any structure; or alteration of any watercourse wholly within, partially within or in contact with any identified special flood hazard area  established by Section 1177.04(a) of the Codified Ordinances, until a floodplain development permit is obtained from the Floodplain Administrator.  Such floodplain development permit shall show that the proposed development activity is in conformity with the provisions of these regulations.  No such permit shall be issued by the Floodplain Administrator until the requirements of these regulations have been met.

 (b) Application Required.  An application for a floodplain development permit shall be required for all development activities located wholly within, partially within, or in contact with an identified special flood hazard area, and a permit shall be obtained before construction or development begins in a special flood hazard area.  The application shall be made by the owner of the property or his or her authorized agent, herein referred to as the applicant, prior to the actual commencement of such construction on a form furnished for that purpose.  Application for a Development Permit shall be made in duplicate on forms furnished by the Village Manager.  Where it is unclear whether a development site is in a special flood hazard area, the Floodplain Administrator may require an application for a floodplain development permit to determine the development's location.  Such applications shall include, but not be limited to:  
 (1) Site plans drawn to scale showing the nature, location, dimensions, and topography of the area in question; the location of existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing.
 (2) Elevation of the existing, natural ground where structures are proposed.
 (3) Elevation of the lowest floor, including basement, of all proposed structures.
 (4) Such other material and information as may be requested by the Floodplain Administrator to determine conformance with, and provide enforcement of these regulations.
 (5) Technical analyses conducted by the appropriate design professional registered in the State of Ohio and submitted with an application for a floodplain development permit when applicable:
 A. Floodproofing certification for non-residential floodproofed structure as required in Section 1177.06(d) of the Codified Ordinances.
 B. Certification that fully enclosed areas below the lowest floor of a structure not meeting the design requirements of Section 1177.06(c)(5) of the Codified Ordinances are designed to automatically equalize hydrostatic flood forces.
 C. Description of any watercourse alteration or relocation that the flood carrying capacity of the watercourse will not be diminished, and maintenance assurances as required in Section 1177.06(h)(3) of the Codified Ordinances.
 D. A hydrologic and hydraulic analysis demonstrating that the cumulative effect of proposed development, when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood by more than one foot in special flood hazard areas where the Federal Emergency Management Agency has provided base flood elevations but no floodway as required by Section 1177.06(h)(2) of the Codified Ordinances.
 E. A hydrologic and hydraulic engineering analysis showing impact of any development on flood heights in an identified floodway as required by Section 1177.06(h)(1) of the Codified Ordinances.
 F. Generation of base flood elevation(s) for subdivision and large scale developments as required by Section 1177.06(b) of the Codified Ordinances.
 (6) A floodplain development permit application fee set by the schedule of fees adopted by the Village of Granville.

 (c) Review of a Floodplain Development Permit Application.
 (1) After receipt of a complete application, the Floodplain Administrator shall review the application to ensure that the standards of these regulations have been met.  No floodplain development permit application shall be reviewed until all information required in Section 1177.08(b) of the Codified Ordinances has been received by the Floodplain Administrator.
 (2) The Floodplain Administrator shall review all floodplain development permit applications to assure that all necessary permits have been received from those federal, state or local governmental agencies from which prior approval is required.  The applicant shall be responsible for obtaining such permits as required including permits issued by the U.S. Army Corps of Engineers under Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act, and the Ohio Environmental Protection Agency under Section 401 of the Clean Water Act.

 (d) Approval of a Floodplain Development Permit Application.  Within thirty (30) days after the receipt of a complete application, the Floodplain Administrator shall either approve or disapprove the application.  If an application is approved, a floodplain development permit shall be issued.  All floodplain development permits shall be conditional upon the commencement of work within one (1) year.  A floodplain development permit shall expire one (1) year after issuance unless the permitted activity has been substantially begun and is thereafter pursued to completion.  This permit shall be in addition to the Zoning and Architectural Permit required for the base or underlying zoning district.

 (e) Inspections.  The Floodplain Administrator shall make periodic inspections at appropriate times throughout the period of construction in order to monitor compliance with permit conditions.

 (f) Post-Construction Certifications Required.  The following as-built certifications are required after a floodplain development permit has been issued:
 (1) For new or substantially improved residential structures, or nonresidential structures that have been elevated, the applicant shall have a Federal Emergency Management Agency Elevation Certificate completed by a registered surveyor to record as-built elevation data.  For elevated structures in Zone A and Zone AO areas without a base flood elevation, the elevation certificate may be completed by the property owner or owner's representative.
 (2) For all development activities subject to the standards of Section 1177.08(i) of the Codified Ordinances, a Letter of Map Revision.

 (g) Revoking a Floodplain Development Permit.  A floodplain development permit shall be revocable, if among other things, the actual development activity does not conform to the terms of the application and permit granted thereon.  In the event of the revocation of a permit, an appeal may be taken to the Board of Zoning and Building Appeals in accordance with Section 1177.09 of the Codified Ordinances.

 (h) Exemption from Filing a Development Permit. An application for a floodplain development permit shall not be required for:
 (1) Maintenance work such as roofing, painting, and basement sealing, or for small nonstructural development activities (except for filling and grading) valued at less than $1,000.
 (2) Development activities in an existing or proposed manufactured home park.  Such activities are under the authority of the Ohio Department of Health and subject to the flood damage reduction provisions of the Ohio Administrative Code Section 3701.
 (3) Major utility facilities permitted by the Ohio Power Siting Board under Section 4906 of the Ohio Revised Code.
 (4) Hazardous waste disposal facilities permitted by the Hazardous Waste Siting Board under Section 3734 of the Ohio Revised Code.
 (5) Development activities undertaken by a federal agency and which are subject to Federal Executive Order 11988 - Floodplain Management.
 Any proposed action exempt from filing for a floodplain development permit is also exempt from the standards of these regulations.

 (i) Map Maintenance Activities.  To meet National Flood Insurance Program minimum requirements to have flood data reviewed and approved by FEMA, and to ensure that the Village of Granville flood maps, studies and other data identified in Section 1177.04(a) of the Codified Ordinances accurately represent flooding conditions so appropriate floodplain management criteria are based on current data, the following map maintenance activities are identified:
 (1) Requirement to Submit New Technical Data.
 A. For all development proposals that impact floodway delineations or base flood elevations, the community shall ensure that technical data reflecting such changes be submitted to FEMA within six months of the date such information becomes available.  These development proposals include:
 1. Floodway encroachments that increase or decrease base flood elevations or alter floodway boundaries;
 2. Fill sites to be used for the placement of proposed structures where the applicant desires to remove the site from the special flood hazard areas;
 3. Alteration of watercourses that result in a relocation or elimination of the special flood hazard area, including the placement of culverts; and
 4. Subdivision or large scale development proposals requiring the establishment of base flood elevations in accordance with Section 1177.06(b) of the Codified Ordinances.
 B. It is the responsibility of the applicant to have technical data, required in accordance with Section 1177.08(i) of the Codified Ordinances, prepared in a format required for a Conditional Letter of Map Revision or Letter of Map Revision, and submitted to FEMA.  Submittal and processing fees for these map revisions shall be the responsibility of the applicant.
 C. The Floodplain Administrator shall require a Conditional Letter of Map Revision prior to the issuance of a floodplain development permit for:
 1. Proposed floodway encroachments that increase the base flood elevation; and
 2. Proposed development which increases the base flood elevation by more than one foot in areas where FEMA has provided base flood elevations but no floodway.
 D. Floodplain development permits issued by the Floodplain Administrator shall be conditioned upon the applicant obtaining a Letter of Map Revision from FEMA for any development proposal subject to Section 1177.08(i)(1)(A) of the Codified Ordinances.
 (2) Right to Submit New Technical Data.  The Floodplain Administrator may request changes to any of the information shown on an effective map that does not impact floodplain or floodway delineations or base flood elevations, such as labeling or planimetric details.  Such a submission shall include appropriate supporting documentation made in writing by the Village Manager of the Village of Granville, and may be submitted at any time.
 (3) Annexation/Detachment.  Upon occurrence, the Floodplain Administrator shall notify FEMA in writing whenever the boundaries of the Village of Granville have been modified by annexation or the community has assumed authority over an area, or no longer has authority to adopt and enforce floodplain management regulations for a particular area. In order that the Village of Granville's Flood Insurance Rate Map accurately represents the Village of Granville boundaries, include within such notification a copy of a map of the Village of Granville suitable for reproduction, clearly showing the new corporate limits or the new area for which the Village of Granville has assumed or relinquished floodplain management regulatory authority.

 (j) Data Use and Flood Map Interpretation.  The following guidelines shall apply to the use and interpretation of maps and other data showing areas of special flood hazard:
 (1) In areas where FEMA has not identified special flood hazard areas, or in FEMA identified special flood hazard areas where base flood elevation and floodway data have not been identified, the Floodplain Administrator shall review and reasonably utilize any other flood hazard data available from a federal, state, or other source.
 (2) Base flood elevations and floodway boundaries produced on FEMA flood maps and studies shall take precedence over base flood elevations and floodway boundaries by any other source that reflect a reduced floodway width and/or lower base flood elevations.  Other sources of data, showing increased base flood elevations and/or larger floodway areas than are shown on FEMA flood maps and studies, shall be reasonably used by the Floodplain Administrator.
 (3) When Preliminary Flood Insurance Rate Maps and/or Flood Insurance Study have been provided by FEMA:
 A. Upon the issuance of a Letter of Final Determination by FEMA, the preliminary flood hazard data shall be used and replace all previously existing flood hazard data provided from FEMA for the purposes of administering these regulations.
 B. Prior to the issuance of a Letter of Final Determination by FEMA, the use of preliminary flood hazard data shall only be required where no base flood elevations and/or floodway areas exist or where the preliminary base flood elevations or floodway area exceed the base flood elevations and/or floodway widths in existing flood hazard data provided from FEMA.  Such preliminary data may be subject to change and / or appeal to FEMA.
 (4) The Floodplain Administrator shall make interpretations, where needed, as to the exact location of the flood boundaries and areas of special flood hazard.  A person contesting the determination of the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 1177.09 of the Codified Ordinances.
 (5) Where a map boundary showing an area of special flood hazard and field elevations disagree, the base flood elevations or flood protection elevations (as found on an elevation profile, floodway data table, established high water marks, etc.) shall prevail.

 (k) Substantial Damage Determinations.  Damages to structures may result from a variety of causes including tornado, wind, heavy snow, flood, fire, etc.  After such a damage event, the Floodplain Administrator shall:
 (1) Determine whether damaged structures are located in special flood hazard areas;
 (2) Conduct substantial damage determinations for damaged structures located in special flood hazard areas; and
 (3) Make reasonable attempt to notify owners of substantially damaged structures of the need to obtain a floodplain development permit prior to repair, rehabilitation, or reconstruction.
 (4) Additionally, the Floodplain Administrator may implement other measures to assist with the substantial damage determination and subsequent repair process.  These measures include issuing press releases, public service announcements, and other public information materials related to the floodplain development permits and repair of damaged structures; coordinating with other federal, state, and local agencies to assist with substantial damage determinations; providing owners of damaged structures materials and other information related to the proper repair of damaged structures in special flood hazard areas; and assist owners of substantially damaged structures with Increased Cost of Compliance insurance claims.

 1177.09  APPEALS FROM DETERMINATIONS OF THE FLOODPLAIN
     ADMINISTRATOR
 The Board of Zoning and Building Appeals shall hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Floodplain Administrator in the administration or enforcement of the regulations set forth in this Chapter.  The appeal shall be conducted under the procedures set forth in Chapter 1139. of the Codified Ordinances of the Village.

 1177.10  VARIANCES
 (a) Variances.  The Board of Zoning and Building Appeals shall have the power to hear and decide applications for variances in the application of these regulations, where such variance is not inconsistent with Federal regulations, and where a variance from the standards of these regulations will not be contrary to the public interest, and where, owning to special conditions of the lot or parcel, a literal enforcement of the provisions of these regulations would result in unnecessary hardship.  The Board shall hear and decide an application for a variance in accordance with the procedures set forth in Chapter 1139 of the Codified Ordinances of the Village.

 (b) Application.  Any person believing that the use and development standards of these regulations would result in unnecessary hardship may file an application for a variance.  All applications for a variance shall be accompanied by a variance application fee set in the zoning fee schedule.

 (c) Considerations.  In considering an application for a variance under this Section, the Board of Zoning and Building Appeals shall consider and make findings of fact on all evaluations, all relevant factors, standards specified in other sections of these regulations and the following factors:
 (1) The danger that materials may be swept onto other lands to the injury of others.
 (2) The danger to life and property due to flooding or erosion damage.
 (3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
 (4) The importance of the services provided by the proposed facility to the community.
 (5) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage.
 (6) The necessity to the facility of a waterfront location, where applicable.
 (7) The compatibility of the proposed use with existing and anticipated development.
 (8) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area.
 (9) The safety of access to the property in times of flood for ordinary and emergency vehicles.
 (10) The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site.
 (11) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.

 (d) Determinations.  Variances shall only be issued upon a showing of good and sufficient cause and:
 (1) A determination that failure to grant the variance would result in exceptional hardship due to the physical characteristics of the property.  Increased cost or inconvenience of meeting the requirements of these regulations do not constitute an exceptional hardship to the applicant.
 (2) A determination that the granting of a variance will not result in increased flood heights beyond that which is allowed in these regulations; additional threats to public safety; extraordinary public expense, nuisances, fraud on or victimization of the public, or conflict with existing local laws.
 (3) A determination that the structure or other development is protected by methods to minimize flood damages.
 (4) A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

 (e) Limitations.  In addition to the other requirements of this Section, a variance shall only be issued upon the following conditions:
 (1) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
 (2) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items in Section 1177.04(c)(1)-(11) of the Codified Ordinances have been fully considered.  As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.
 (3) Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

 (f) Conditions.  The Board of Zoning Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of these regulations.

 1177.11  APPEALS TO VILLAGE COUNCIL
 An appeal from any decision of the Board of Zoning and Buildings Appeals under this Chapter may be taken to Village Council in accordance with the procedures set forth in Section 1139.06 of the Codified Ordinances.  Those aggrieved by the decision of the Village Council may appeal such decision to the Licking County Court of Common Pleas as provided in Chapter 2506 of the Ohio Revised Code.

 1177.12  ENFORCEMENT.
 (a) Compliance Required.
 (1) No structure or land shall hereafter be located, erected, constructed, reconstructed, repaired, extended, converted, enlarged or altered without full compliance with the terms of these regulations and all other applicable regulations which apply to uses within the jurisdiction of these regulations, unless specifically exempted from filing for a development permit under Section 1177.08(h) of the Codified Ordinances.
 (2) Failure to obtain a floodplain development permit shall be a violation of these regulations and shall be punishable in accordance with Section 1177.12(c) of the Codified Ordinances.
 (3) Floodplain development permits issued on the basis of plans and applications approved by the Floodplain Administrator authorize only the use, and arrangement, set forth in such approved plans and applications or amendments thereto.  Use, arrangement, or construction contrary to that authorized shall be deemed a violation of these regulations and punishable in accordance with Section 1177.12(c) of the Codified Ordinances.

 (b) Notice of Violation.  Whenever the Floodplain Administrator determines that there has been a violation of any provision of these regulations, he shall give notice of such violation to the person responsible therefore and order compliance with these regulations as hereinafter provided. Such notice and order shall:
 (1) Be put in writing on an appropriate form;
 (2) Include a list of violations, referring to the section or sections of these regulations that have been violated, and order remedial action which, if taken, will effect compliance with the provisions of these regulations;
 (3) Specify a reasonable time for performance;
 (4) Advise the owner, operator, or occupant of the right to appeal;
 (5) Be served on the owner, occupant, or agent in person.  However, this notice and order shall be deemed to be properly served upon the owner, occupant, or agent if a copy thereof is sent by registered or certified mail to the person's last known mailing address, residence, or place of business, and/or a copy is posted in a conspicuous place in or on the dwelling affected.

 (c) Violations and Penalties.  Violation of the provisions of these regulations or failure to comply with any of its requirements shall be deemed to be a strict liability offense, and shall constitute a fourth degree misdemeanor.  Any person who violates these regulations or fails to comply with any of its requirements shall upon conviction thereof be fined or imprisoned as provided by the laws of the Village of Granville.  Each day such violation continues shall be considered a separate offense.  Nothing herein contained shall prevent the Village of Granville from taking such other lawful action as is necessary to prevent or remedy any violation.  The Village of Granville shall prosecute any violation of these regulations in accordance with the penalties stated herein."

 Section 2.  Existing sections 1177.01, 1177.02, 1177.03, 1177.04, 1177.05, 1177.06, 1177.07, 1177.08, 1177.09 and 1177.10 of the Codified Ordinances of the Village of Granville are hereby repealed.

 Section 3:  This Ordinance shall take effect upon the earliest date permitted by law.

Ordinance 02-07

ORDINANCE NO. 02-07

AN ORDINANCE AMENDING SECTION 1139.05 OF THE CODIFIED ORDINANCES TO PROVIDE FOR THE POSTING OF A SIGN ON A PROPERTY THAT IS THE SUBJECT OF A HEARING BEFORE THE BOARD OF ZONING AND BUILDING APPEALS, AND TO AMEND THE REQUIREMENTS WITH REGARD TO THE TRANSCRIBING OF MEETINGS


 WHEREAS, the Village Council, through the recent approval of Ordinance No. 01-07, has required that a sign be posted on a property that is the subject of an application that is under consideration by the Planning Commission; and

 WHEREAS, it is the desire of the Village Council to similarly require the posting of a sign on a property that is the subject of a hearing before the Board of Zoning and Building Appeals.

NOW, THEREFORE, BE IT ORDAINED BY COUNCIL OF THE VILLAGE OF GRANVILLE, COUNTY OF LICKING, STATE OF OHIO, THAT:

Section 1. Section 1139.05 of the Codified Ordinances be, and the same hereby is, amended to read as follows:

"1139.05 DECISIONS

(a) All applications and appeals filed with the Board of Zoning and Building Appeals shall be scheduled for hearing and heard within forty-five days of the date of filing unless extended upon written request of the applicant or appellant.

(b) Notice of the date and time set for the hearing shall be published in one or more local newspapers of general circulation in the Village and posted on at least one (1) public bulletin board. Notice to property owners listed in an application shall be by ordinary U.S. mail and certified mail at least fifteen days prior to the hearing date. The notice shall state the date, time and place of the hearing, the name of the applicant or appellant, and the nature of the proposed application or appeal. The failure of delivery of such notice shall not invalidate any decision by the Board related to the hearing.

A sign indicating the type of application as well as the date and time for the hearing shall also posted on the subject property at least fifteen (15) days prior to the hearing date.  

(c) The following persons may appear at hearings as parties and be heard in person or by attorney:
(1) The applicant or appellant;
(2) The owner of property that is the subject of the application or appeal, if the owner is not the applicant or appellant;
(3) The owner of property adjacent or contiguous to the property that is the subject of the application or appeal; and
(4) Any other person who claims a direct, present injury or prejudice to any personal or property right or interest that was prejudiced by the decision or order appealed from, or claims such injury or prejudice will occur if the application is approved or denied.

(d) A person authorized to appear and be heard may:
(1) Present his or her position, arguments and contentions;
(2) Offer and examine witnesses and present evidence in support of his or her position, arguments, and contentions;
(3) Cross-examine witnesses purporting to refute his or her position,
arguments, and contentions;
(4) Offer evidence and testimony to refute evidence and testimony offered in opposition to his or her position, arguments, and contentions;
(5) Proffer any evidence or testimony into the record if such evidence or
testimony has not been admitted by the Board.

(e) Hearings are open to the public, but are not public hearings. Any witness offering testimony or presenting evidence at a hearing shall be placed under oath prior to offering testimony or evidence. All hearings shall be recorded by tape recorder or other electronic means. The Board, at its option, may have a hearing transcribed by court reporter.

(f) The Board shall decide all applications and appeals within thirty days after the conclusion of the hearing, unless waived by the applicant or appellant. Thereafter, and within thirty days of reaching its decision, the Board shall formalize its decision in writing.

(g) The Board's final decision shall be in writing, shall be accompanied by a finding of fact and statement of reasons for the decision reached and shall be filed in the Village Office and become a part of the public record. A certified copy of the Board's decision shall be transmitted by the Secretary of the Board to all parties to the hearing and all persons who claimed a right but were not permitted to appear as parties to the hearing, and to the Zoning Inspector by personal service or certified mail.

(h) The Zoning Inspector shall incorporate the terms and conditions of the decision in the permit to the applicant or appellant, whenever a permit is authorized."

Section 2. This ordinance shall be effective from and after the earliest period allowed by law.

Ordinance 01-07

ORDINANCE NO. 01-07

AN ORDINANCE AMENDING SECTION 1141.05 OF THE CODIFIED ORDINANCES TO PROVIDE FOR NOTICE TO ADJACENT AND CONTIGUOUS PROPERTIES FOR PLANNING COMMISSION HEARINGS AND TO AMEND THE REQUIREMENTS WITH REGARD TO THE TRANSCRIBING OF MEETINGS AND PROVIDING NOTICE OF THE COMMISSION'S DECISIONS

 WHEREAS, the current provisions of the Zoning Code only require general notice through publication in a newspaper of scheduled hearings by the Planning Commission; and

 WHEREAS, residents have requested that specific notice of Planning Commission hearings be provided to the properties that are adjacent and contiguous to the property that is the subject of the hearing; and   

 WHEREAS, the Council of the Village of Granville has determined that specific notice about Planning Commission hearings to adjacent and contiguous properties would provide a better opportunity for those neighboring properties to be informed about the hearing.

NOW, THEREFORE, BE IT ORDAINED BY COUNCIL OF THE VILLAGE OF GRANVILLE, COUNTY OF LICKING, STATE OF OHIO, THAT:

Section 1. Section 1141.05 of the Codified Ordinances be, and the same hereby is, amended to read as follows:

"1141.05 PROCEDURE FOR DECISIONS OF THE PLANNING COMMISSION.

(a) Except as otherwise herein provided, all applications which are referred to the Planning Commission for action in accordance with Chapters 1159 and 1161 shall be heard within thirty days from the date of filing.

(b) Notice of the date and time set for hearing shall be published in one or more local newspapers of general circulation in the Village and posted on at least one (1) public bulletin board. Notice to the applicant and adjacent or contiguous property owners shall be sent by first class U.S. mail or by personal service at least six seven days prior to the hearing date. The notice shall state the date, the time and the place of the hearing, the name of the applicant and the nature of the application. The failure of delivery of such notice shall not invalidate any decision by the Planning Commission related to the hearing.

A sign indicating the type of application as well as the date and time for the hearing shall also posted on the subject property at least six days prior to the hearing date.  

(c) The following persons may appear at hearings as parties and be heard in person or by attorney:

(1) The applicant;
(2) The owner of property that is the subject of the application, if the owner is not the applicant or appellant;
(3) The owner of property that is adjacent or contiguous to the property that is the subject of the application; and
(4) Any other person who claims that a direct, present injury or prejudice to a personal or property right will occur if the application is approved or denied.

(d) A person authorized to appear and be heard may:

(1) Present his or her position, arguments and contentions;
(2) Offer and examine witnesses and present evidence in support of his or her position, arguments and contentions;
(3) Cross-examine witnesses purporting to refute his or her position, arguments and contentions;
(4) Offer evidence and testimony to refute evidence and testimony offered in opposition to his or her position, arguments, and contentions;
(5) Proffer any evidence or testimony into the record if such evidence or testimony has not been admitted by the Commission.

(e) Hearings are open to the public, but are not public hearings. Any witness offering testimony or presenting evidence at a hearing shall be placed under oath prior to offering testimony or evidence. All hearings shall be recorded by tape recorder or other electronic means. The Planning Commission, at its option, may have a hearing transcribed by court reporter.

(f) The Commission shall decide all applications within forty-five days after the date of filing, unless waived by the applicant. The decision of the Commission shall be in writing and shall be accompanied by findings of fact and a statement of reasons for the decision reached. The decision shall be filed in the Village Office and it shall become a part of the public record. The Village Clerk shall serve a certified copy of the Commission's decision on all parties to the hearing, all persons who claimed a right but were not permitted to appear as parties to the hearing, and the Zoning Inspector by personal service or ordinary U.S. mail."

Section 2. This ordinance shall be effective from and after the earliest period allowed by law.

Village of Granville - Adopted Ordinances - 2007

Ordinance Number 20-2007
To Make Appropriations for Current Expenses and Other Expenditures of the Village of Granville, State of Ohio, During the Fiscal Year Ending December 31, 2008
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Ordinance Number 19-2007
An Ordinance Directing the Proceeds from the Sale of Public Property by the Village of Granville to be used only for Debt Reduction or the Purchase, Improvement or Acquisition of a Capital Asset
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Ordinance Number 18-2007
An Ordinance Authorizing the Village Manager to Enter into a Real Estate Ground Lease and Purchase Agreement for 118 South Main Street, Granville, Ohio, with St. Luke's Episcopal Church
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Exhibit, Ordinance Number 18-2007

Ordinance Number 17-2007
To Provide the Issuance of $1,205,000 of Notes by the Village of Granville, in Anticipation of the Issuance of Bonds to Pay Part of the Cost of Acquiring the Mansion Building Property at 537 Jones Road for Village Purposes, and Declaring an Emergency
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Ordinance Number 16-2007
Ordinance Was Never Initiated
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Ordinance Number 15-2007
An Ordinance to Amend Ordinance No. 17-06 Providing for Adjustments of the Annual Budget for Fiscal Year 2007 and Revising Sums for Operating Expenses
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Ordinance Number 14-2007
An Ordinance Enacting Section 505.115 of the Codified Ordinances to Restrict the Feeding of Deer Within the Village of Granville
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Ordinance Number 13-2007
An Ordinance Enacting Section 505.111 of the Codified Ordinances to Allow Limited Hunting as Part of a Deer Management Program
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Ordinance Number 12-2007
An Ordinance Amending Section 505.11 of the Codified Ordinances to Regulate Hunting and Trapping Within the Village of Granville
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Ordinance Number 11-2007
An Ordinance to Amend Section 333.03(b)(3) of the Codified Ordinances of the Village of Granville to Establish a 35 MPH Speed Limit on James Road
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Ordinance Number 10-2007
An ordinance to Amend Section 351.03 and 351.05 of the Codified Ordinances of the Village of Granville to Regulate and Provide a Penalty for Parking Outside of Marked Spaces
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Ordinance Number 9-2007
An Ordinance to Revise the Codified Ordinances by Adopting Current Replacement Pages
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Exhibit, Ordinance Number 9-2007

Ordinance Number 8-2007
To Amend Ordinance No. 07-06 Providing for Adjustments of the Annual Budget for the Fiscal Year 2007, Revising SUMS for Operating Expenses, and Declaring an Emergency
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Ordinance Number 7-2007
To Transfer the Title of Maple Grove Cemetery Back to Granville Township Following the Annexation
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Exhibit, Ordinance Number 7-2007

Ordinance Number 6-2007
To Annex 514 Acres into the Village
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Ordinance Number 5-2007
To Rezone Properties at 124 and 128 South Pearl Street From VRD (Village Residential District) to VBD (Village Business District)
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Ordinance Number 4-2007
To Permit the Demolition of a Single-Story Structure at 2326 Newark-Granville Road
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Ordinance Number 3-2007
To Enact New Chapter 1177 to Conform the Village Flood Hazard Overlay Zoning District to State of Ohio Requirements
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Ordinance Number 2-2007
To Provide for the Posting of a Sign on a Property that is the Subject of a Hearing Before the Board of Zoning and Building Appeals
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Ordinance Number 1-2007
To Provide for Notice to Adjacent and Contiguous Properties for Planning Commission Meetings
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Employee Payroll / Compensation

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