Whereas, it is the desire of the Council of the Village of Chagrin Falls add new Chapter 952 of the Village of Chagrin Falls Ordinances to establish regulations for Special Events within the Village of Chagrin Falls, as more fully set forth in Exhibit “A” attached hereto and made a part hereof.

Now Therefore, Be It Ordained by the Council of the Village of Chagrin Falls, Cuyahoga County, State of Ohio:

Section 1. That Chapter 952, attached hereto as Exhibit “A”, regulating Special Events, as defined in new Chapter 952, is hereby adopted and the Codified Ordinances of the Village shall be amended to add new Chapter 952.

Section 2. The Codified Ordinances of the Village, to the extent inconsistent with the newly enacted provision herein regarding Chapter 952, attached hereto as Exhibit “A”, are hereby repealed, except to the extent that if such code sections are the subject of an enforcement action they shall be considered effective for the purposes of an enforcement for any violations that occurred prior to repeal.

Section 3. That actions of this Council concerning and relating to the passage of this legislation were adopted in lawful meetings of this Council and that all deliberations of this Council and of any of its committees that resulted in such formal action were in compliance with all legal requirements, including Chapter 114 of the Codified Ordinances of the Village of Chagrin Falls.

Section 4. That in accordance with Section 113.01 of the Codified Ordinances of the Village of Chagrin Falls, public notice of this Ordinance shall be given by posting a copy thereof for not less than fifteen (15) days on the Village website.

Section 5. That this Ordinance shall take effect and be in force after November 1, 2026.

Exhibit “A”

Chapter 952: Special Events

Sections

• 952.01   Intent
• 952.02   Definitions
• 952.03   Scope and Applicability
• 952.04   Permit Requirements
• 952.05   Proof of Insurance
• 952.06   Designated On-Site Representative
• 952.07   Detailed Event Logistics
• 952.08   Criteria Triggering a Memorandum of Understanding (MOU) and Council Track
• 952.09   Submission Deadlines
• 952.10   Approval Process
• 952.11   Conflict Management
• 952.12   Refusal, Cancellation, or Revocation
• 952.13   Weather-Dependent and Short-Duration Special Events
• 953.14   Event Operating Standards & Regulations
• 952.15   Post-Event Billing Settlement
• 952.16   Enforcement

952.01   Intent

The purpose of this chapter is to establish regulations governing Special Events conducted within the Village of Chagrin Falls that utilize Village Facilities.

952.02   Definitions

1. (A) “Village Facilities” shall mean any property owned by the Village, including but not limited to parks, cemeteries, buildings, parking lots, streets, and sidewalks in the Downtown Business District, regardless of applicable zoning provisions.

2. (B) “Village Services” shall mean any utilities, infrastructure, and municipal resources provided by the Village to support public safety, maintenance, or event operations. This includes but is not limited to electrical/water connections, Police and Fire support, Public Works assistance, and professional fees for the Law Director or Village Engineer.

3. (C) “Temporary Structure” means a portable, non-permanent installation intended for short-term use, easily movable without heavy equipment.

4. (D) “Sporting Event” means a gathering where individuals or teams engage in physical activity, games, or races governed by specific rules. “Sporting Event” does not include activities governed by existing Village contracts.

5. (E) “CAO” means the Chief Administrative Officer of the Village or their designee.

6. (F) “MOU” means Memorandum of Understanding, which is a document outlining terms and details for use by applicant of Village Facilities.

7. (G) “Special Event” means any outdoor activity or series of activities open to the public, occurring at a specific time/place, utilizing Village Facilities.

952.03   Scope and Applicability

1. (A) Applicability. This chapter applies to all Special Events utilizing Village Facilities.

2. (B) Exemptions. This chapter does not apply to:

   1. (1) Residential Block Parties, as traditional neighborhood gatherings on residential streets remain under the jurisdiction and approval authority of the Chief of Police.

   2. (2) First Amendment Activity.

   3. (3) Events organized by the Village Council or Administration.

952.04   Permit Requirements

1. (A) Permit Required. Any person or organization intending to conduct a Special Event on Village Facilities must obtain a permit.

2. (B) Application for Special Event Permit Required. A complete application includes:

   1. (1) Application fee: Non-refundable $50.00 application fee

   2. (2) Proof of Insurance (see Section 952.05)

   3. (3) Application Form, completed with the following information:

      1. (i) Applicant and Contact Information: Organization/Applicant name, contact name, address, phone, email, entity type;

      2. (ii) Event Overview: Event name, description, facilities requested, event dates, event hours, set up/tear down, estimated attendance;

      3. (iii) Designated On-Site Representative (see Section 952.06);

      4. (iv) Detailed Event Logistics (see Section 952.07); and

      5. (v) Criteria for Triggering MOU and Council Track (see Section 952.08).

952.05   Proof of Insurance

1. (A) The applicant shall provide to the Village proof of general liability insurance, in an amount not less than:

   1. (1) Per occurrence: one million dollars ($1,000,000.00) per person;

   2. (2) Per claim: two million dollars ($2,000,000.00); and

   3. (3) Property Damage per occurrence: five hundred thousand dollars ($500,000.00). Such proof of insurance may be demonstrated by way of a certificate of general liability insurance which names the Village as an additional insured and which provides thirty (30) days’ advance written notice to the Village of any cancellation, termination, or material change in insurance coverage.

952.06   Designated On-Site Representative

1. (A) Every applicant must designate at least one (1) primary and one (1) secondary on-site representative who shall be present at the Village Facility for the duration of the Special Event (including setup and teardown). A schedule of representatives may be provided for longer Special Events. The designated representative(s) must:

   1. (1) Be reachable by the Village via cellular phone at all times;

   2. (2) Have the authority to make binding decisions on behalf of the applicant; and

   3. (3) Not be under the influence of alcohol or a drug of abuse or substantially impaired by medication of any kind while serving in this capacity.

952.07   Detailed Event Logistics

The applicant must provide the following information (the CAO may request additional information as needed): (i) estimated attendance, daily and aggregate for the Special Event; (ii) whether closure of any Village street, sidewalk, or alley is requested or needed for the Special Event; (iii) Village Services, as defined in Section 952.02, requested; (iv) whether the Special Event includes any mechanical rides, vendors, or Mobile Food Units; (v) proposed security plans, first aid stations, or fire prevention measures; (vi) proposed traffic/parking plans, sanitation (portable toilets) schedules, water use, electrical use and waste removal plans; (vi) detailed site maps showing the location of tents, vendors, structures, portable toilets, water hookups, electrical needs, fire lane, fire suppression, and other Special Event elements; and (vii) confirmation that the Special Event complies with all Village ordinances or request a temporary waiver, suspension or amendment to Village Ordinances.

952.08   Criteria Triggering a Memorandum of Understanding (MOU) and Council Track

The CAO shall require an MOU for any Special Event, if the application discloses, or if the CAO reasonably determines in consultation with Department Heads, that the Special Event meets one (1) or more of the following criteria:

1. (A) The Special Event is reasonably anticipated to attract more than 500 total attendees at any single time;

2. (B) The Special Event is more than one (1) consecutive calendar day or operates outside the standard hours set forth in Section 952.14;

3. (C) The Special Event requires the closure, blockading, or significant traffic detour of any primary street, major intersection, or collector street within the Village;

4. (D) The estimated cost to the Village to provide Village Services to support the Special Event is projected to exceed $500.00 in the aggregate; or

5. (E) The Special Event requires a temporary waiver, suspension, or amendment of any existing Village Ordinance, including but not limited to open container/alcohol restrictions or noise limits outside authorized hours.

952.09   Submission Deadlines

A completed application, including all fees and supporting materials, shall be submitted to the CAO according to the following schedule:

1. (A) Applications shall not be accepted more than one (1) year (365 days) prior to the proposed Special Event date.

2. (B) For Special Events that do not require an MOU, the applicant must submit the application at least thirty (30) days before the Special Event date; provided however, that the CAO may waive the 30-day requirement if the CAO determines the Special Event requires no Village Services and creates minimal impact.

3. (C) For Special Events requiring an MOU, the applicant must submit the application at least one hundred twenty (120) days before the Special Event date and the MOU must be presented to Council at least sixty (60) days prior to the Special Event date.

952.10   Approval Process

1. (A) CAO Approval Track. For Special Events not requiring an MOU, the CAO shall approve or deny the application based on the criteria in Section 952.12. The CAO shall issue a written decision to the applicant within fourteen (14) days of receiving a completed application.

2. (B) MOU/Council Approval Track. If the CAO determines an MOU is required, the following process applies:

   1. (1) The CAO, in consultation with the Law Director and relevant department heads, shall negotiate and draft the MOU with the applicant.

   2. (2) The CAO shall then submit the completed application and the proposed MOU to Village Council with a recommendation for approval or denial.

   3. (3) The CAO shall then submit the proposed MOU to Village Council no less than sixty (60) days prior to the Special Event date. Village Council may waive this requirement only upon a showing of extraordinary circumstances and by an affirmative vote of three-fourths (¾) of the members of Council.

   4. (4) After the steps in subsections 1 – 3 are completed, Village Council shall approve or deny the MOU and the associated permit by ordinance.

3. (C) Permit Issuance. The Village shall issue the permit for the Special Event after the applicant:

   1. (1) Pays all applicable fees;

   2. (2) Provides the required Certificate of Insurance;

   3. (3) Signs the final permit or MOU (as applicable).

4. (D) Notification of Council. The CAO shall provide a monthly report to Village Council and the Parks Commission listing all approved permits and in-process MOUs.

952.11   Conflict Management

1. (A) The CAO shall resolve scheduling conflicts for Village Facilities using the following order of precedence:

   1. (1) Events organized by the Village take first priority.

   2. (2) The CAO may grant priority to recurring annual Special Events that have utilized the same Village Facility at substantially the same time for at least three (3) consecutive years.

   3. (3) If no priority exists under subsections 1 or 2, the CAO shall grant the permit to the applicant who is first-in-time in submitting a completed application. The Village does not recognize “placeholder” requests or verbal “save-the-dates”. Only a completed application establishes “first-in-time” status. If a conflict arises between two “first-in-time” applicants, the CAO shall attempt to resolve the conflict, which attempt may include but is not limited to the following: (i) offering an alternative date or Village Facility; or (ii) relocating one Special Event to a different area of the same Village Facility, provided both Special Events can occur safely and without interference.

2. (B) The CAO’s decision regarding scheduling for the CAO Approval Track is final. If a conflict involves an event on the MOU/Council Approval Track, Village Council shall resolve the conflict as part of the MOU review process.

952.12   Refusal, Cancellation, or Revocation

1. (A) Grounds for Refusal or Cancellation. The CAO may deny an application or cancel an issued permit if, in the CAO’s professional judgment, any of the following apply:

   1. (1) The Special Event would unreasonably interfere with public convenience or the safe, intended use of Village Facilities, streets, or highways;

   2. (2) The Special Event requires a diversion of Village Services to such an extent that it jeopardizes the Village’s ability to provide standard municipal protection and services;

   3. (3) The Special Event would obstruct the movement of emergency vehicles or medical services;

   4. (4) The Special Event conflicts with a previously authorized Special Event already granted priority under Section 952.11;

   5. (5) The application contains material information that is false, misleading, or incomplete; or

   6. (6) The applicant and/or the organization has a documented history of failing to comply with Village ordinances, permit conditions, or prompt payment of municipal fees.

2. (B) Immediate Revocation During Event. The CAO, or in the CAO’s absence, the ranking Police Officer on duty, may immediately revoke a permit during a Special Event for any of the following:

   1. (1) The Special Event footprint expands beyond the area designated in the permit or MOU;

   2. (2) Circumstances arise that create a substantial and immediate risk of injury to persons or damage to property;

   3. (3) Widespread disorderly conduct or criminal activity occurs within the Special Event footprint that the organizer fails to or is unable to mitigate;

   4. (4) The permit holder fails to comply with any specific condition established in the permit or MOU; or

   5. (5) The designated on-site representative is not present, is unreachable, or is determined by the CAO or a Law Enforcement Officer to be under the influence of alcohol or a drug of abuse or substantially impaired by medication of any kind.

3. (C) Notice and Emergency Dispersal.

   1. (1) Nothing in this section shall be construed to prevent the CAO or a Law Enforcement Officer from taking immediate action to mitigate an imminent threat to life or property, including the suspension of Special Event activities or the clearing of a Village Facility, prior to formal notice being provided to the permit holder.

   2. (2) Concurrent with or as soon as practicable following any emergency action, the Village shall make a reasonable effort to provide formal notice of revocation to the permit holder or the designated on-site representative.

   3. (3) The Village may announce the revocation and orders to disperse via public address systems, police sirens, or any other manner reasonably calculated to ensure public safety and an orderly dispersal.

952.13   Weather-Dependent and Short-Duration Special Events

For minimal-impact Special Events that do not require an MOU and last less than two (2) hours, the CAO may approve a “utilization window” of up to fourteen (14) days and the applicant must notify the CAO and relevant department heads of the specific date and time they intend to utilize the Village Facility at least thirty-six (36) hours in advance; provided however, a rescheduled weather-dependent Special Event shall not take precedence over any previously authorized Special Event or scheduled Village maintenance.

952.14   Event Operating Standards & Regulations

All Special Events shall comply with the following standards and any deviation from these standards must be explicitly authorized by Council within an MOU:

1. (A) Timing and Site Restoration

   1. (1) Hours of Operation: Special Event hours shall comply with Chapter 951.01.

   2. (2) Set-up and Clean-up: Special Event set-up shall not commence prior to 6:00 a.m. and all tear-down and debris removal must be completed within two (2) hours of the Special Event’s conclusion, unless otherwise approved by the CAO.

   3. (3) Site Condition: The permit holder shall restore the Village Facility or reimburse the Village for its costs incurred to restore the Village Facility to its original condition as determined by the CAO. Failure to remove equipment or waste may result in the Village performing the work at the permit holder’s expense.

2. (B) Infrastructure and Safety

   1. (1) Fire Code Compliance: The permit holder, all vendors, and all event participants shall comply with all applicable provisions of the Ohio Fire Code and all local fire safety directives issued by the Fire Marshal. The Fire Marshal shall have the right to inspect the event footprint, temporary structures, and Mobile Food Units at any time before or during the Special Event. Failure to immediately remedy any hazard or violation identified during an inspection shall constitute a material violation of this Chapter and shall be grounds for immediate permit revocation.

   2. (2) Tents and Structures: All temporary structures must be fire-rated and securely anchored. Staking into Village asphalt or concrete is strictly prohibited; weighted anchors (e.g., sandbags) must be used. Staking in parks must be approved in advance by the CAO. Structures may not block sidewalks, ADA access, playgrounds, or emergency routes. Tents may be subject to Ohio Building Code and Fire Code Regulations and permitting.

   3. (3) Amusement Devices: Inflatables and mechanical rides require proof of specialized liability insurance, must pass state inspections and be supervised by trained personnel.

3. (C) Health and Sanitation

   1. (1) Restrooms: Portable toilets and handwashing stations are mandatory for Special Events exceeding six (6) hours in duration, not including Special Events that are passive in nature. Placement must be away from food service areas and shown on submitted site maps.

   2. (2) Garbage: Receptacles for trash may be required by the CAO as a condition of the permit.

   3. (3) Food Service: Vendors must comply with Village and County Health Department regulations. Disposal of grease, charcoal, or graywater into Village storm drains is strictly prohibited.

4. (D) General Conduct and Restrictions

   1. (1) Cemetery Use: Use of Village cemeteries is limited strictly to honoring or memorializing individuals interred therein.

   2. (2) Entrance Fees: Entrance fees for access to Village Facilities are prohibited. Fees may be charged for access to Special Event features, i.e., rides, carnival games, etc.

   3. (3) Noise: Amplified sound is permitted only between 10:00 a.m. and 10:00 p.m. and must comply with Village Noise Ordinances.

   4. (4) Trees and Vegetation: Nothing may be attached or affixed to Village trees and/or vegetation. Trees or vegetation may not be trimmed or cut to accommodate Special Event features.

   5. (5) No Affixed Materials: No materials shall be affixed to any light pole, bench, playground, fence or other Village property without prior authorization from the CAO or Village Council.

   6. (6) Vehicles: Vehicles shall not be driven or parked on grass or walking paths without approval from the CAO or their designee.

952.15   Post-Event Billing and Settlement

1. (A) Costs for Village Services. Any costs incurred by the Village for requested or required Village Services for a Special Event may be charged to the permit holder.

2. (B) Issuance of Invoice. The Village shall make a good-faith effort to issue an invoice for all costs incurred by the Village for requested or required Village Services to the permit holder within thirty (30) days of the conclusion of the Special Event.

3. (C) Payment Terms. All invoices are due and payable within thirty (30) days of issuance.

4. (D) Effect of Non-Payment.

   1. (1) Interest: Late payments may be subject to interest at the maximum rate allowed by law.

   2. (2) Future Eligibility: Any outstanding balance owed to the Village may result in the denial of any future Special Event applications by the same applicant or organization until the debt is cleared in full.

952.16   Enforcement

In addition to the Village’s remedies at law, including but not limited to civil injunctive relief to stop a violation in progress, or from pursuing a separate civil action to recover costs, damages, or to enforce the terms of an MOU, upon any violation of this Chapter, the Village Council may cancel such Special Event and/or prohibit any applications for a Special Event permit submitted by the same applicant or on behalf of the same organization deemed in violation.

Whereas, the Charter of the Village of Chagrin Falls provides the Planning and Zoning Code may be amended by the Village Council; and

Whereas, the Village Planning and Zoning Commission on August 17, 2026 recommended that amendments be made to Chapter 1152 of the Planning and Zoning Code of the Village of Chagrin Falls regarding Hillside Protection and the Law Director determined that certain typographical errors needed to be made to such recommended amendment of Chapter 1152 of the Planning and Zoning Code; and

Whereas, Council has held a public hearing on ＿＿＿＿＿＿＿＿＿＿＿＿＿, 2026 on this Ordinance; and

Whereas, Council desires to enact the foregoing amendments to the Planning and Zoning Code by amending Chapter 1152 based, in part, on the recommendation of the Village Planning and Zoning Commission.

Now Therefore, Be It Ordained by the Council of the Village of Chagrin Falls, Cuyahoga County, State of Ohio:

Section 1. Planning and Zoning Code Chapter 1152 is hereby amended and re-lettered in its entirety to read as follows:

Chapter 1152: Hillside Protection

• 1152.01   Intent.
• 1152.02   Definitions.
• 1152.03   Procedures.
• 1152.04   Required hillside control measures, standards and plans.
• 1152.05   Hold harmless provisions.
• 1152.06   Administration and enforcement.

1152.01   Intent

Whereas the Hillside Areas of the Municipality differ from the Municipality’s flatlands, hillsides necessitate different provisions for their development and their protection. The Hillside Protection Regulations are established to achieve, among others, the following objectives:

1. (a) To permit development on Hillside Areas while conserving and promoting the public health, safety, convenience and general welfare by minimizing disruption to slope stability, water Run-off and soil Erosion problems incurred in adjustment of the topography to meet development needs;

2. (b) To use generally accepted design, landscape architecture, architecture, civil engineering, and geotechnical engineering to preserve, enhance and promote the existing and future safety of Hillside Areas;

3. (c) To preserve and enhance the natural beauty of the landscape by encouraging the maximum retention of natural topographic features such as natural drainage swales, streams, slope ridge lines, rock outcroppings, vistas from and of the hillsides, trees and other natural (native) plant formations and to retain the sense of identity and image that the Hillside Areas now impart to the Municipality;

4. (d) To maximize the natural environmental value of Hillside Areas as well as their scenic beauty and to protect public and private property owners from the potential damage to human life and safety and property damage that could be caused by increased hillside instability;

5. (e) To assure access to properties that have Hillside Areas by emergency, police and fire vehicles and personnel to protect persons and property; and,

6. (f) To preserve and protect the unique scenic resources and scenic river habitats in the Municipality.

In furtherance of these objectives, this Chapter establishes objective, measurable criteria that trigger geotechnical investigation and slope stability evaluation and sets minimum engineering and testing standards consistent with generally accepted geotechnical practice.

1152.02   Definitions

1. (a) “Clearing” means the removal, destruction, cutting, grubbing, mowing of natural vegetation, or the removal of trees, shrubs, groundcover, roots, stumps, or other vegetative material from one or more parcels, whether by mechanical, chemical, or manual means. Clearing includes the removal of vegetation undertaken to prepare land for development, Grading, Excavation, Fill placement, utility installation, access improvements, or to otherwise alter the Original Ground Surface. Routine landscaping maintenance associated with an existing lawful use, including mowing, pruning, trimming, removal of dead, damaged, diseased or hazardous vegetation, and replacement planting, shall not constitute Clearing unless expressly provided elsewhere in this Chapter.

2. (b) “Cut” means a portion of land surface or areas from which the earth has been removed or will be removed by Excavation; the depth below the existing Original Ground Surface.

3. (c) “Disturbance” means any Clearing, Grading, Excavating, Filling, or other alteration of land surface where natural or man-made cover is destroyed in a manner that exposes the underlying soils, including but not limited to tree and vegetative cover removal.

4. (d) “Earth Moving” means any excavating, Cutting or Filling, or any stockpiling thereof.

5. (e) “Erosion” means the general process whereby soils are detached and moved by the flow of surface or subsurface water, wind, ice and gravity.

6. (f) “Excavating” or “Excavation” means removing of soil, trees, vegetative cover, or other materials by any means whatsoever from water or land on or beneath the surface thereof or beneath the land surface, whether exposed or submerged.

7. (g) “Fill” means depositing of soil, rock or other materials by other than natural means.

8. (h) “Finished Grade” means the final Grade or elevation of the ground surface after Grading is completed.

9. (i) “Geotechnical Engineer” means a Registered Professional Engineer in the State of Ohio with training in geotechnical engineering and experience in slope stability analysis and stabilization methods.

10. (j) “Grading” means any Excavating, Cutting or Filling, stockpiling of land or earth or combination thereof, including the conditions resulting from any of the above.

11. (k) “Hillside Area” includes land in all zoning districts in the Municipality with Slopes of fifteen percent (15%) or greater that have a vertical height of ten (10) feet or more.

12. (l) “Hillside Influence Zone” includes each Slope within a Hillside Area and the contiguous lateral extension of the height of the Slope at the Toe and the Crest, in each direction for a distance equal to one (1) times the height of the Slope.

13. (m)

    1. (1) “Crest” means the uppermost edge of a hillside where the ground surface transitions from the hillside to a flatter area.

    2. (2) “Toe” means the lowermost edge of a hillside where the ground surface transitions from the hillside to a flatter area.

    3. (3) “Height of Slope” means the vertical difference in elevation between the Toe and the Crest, measured along the line of steepest descent (or as otherwise demonstrated by site-specific topography).

    4. (4) “Factor of Safety (FoS)” means the ratio of resisting forces to driving forces acting along a potential failure surface. FoS = 1.0 represents limiting equilibrium (unity) between resisting and driving forces.

14. (n) “Comprehensive Geotechnical Investigation (CGI)” means a site-specific subsurface exploration, laboratory testing, groundwater evaluation, and slope stability analysis prepared and sealed by a Geotechnical Engineer consistent with this Chapter.

15. (o) “Impervious Surface” means roads, buildings and structures as defined in Section 1107.05 of the Planning and Zoning Code, tennis courts, roofs, driveways, sidewalks, pools, patios, pool decks, decks, parking lots and other similar surfaces.

16. (p) “Original Ground Surface” means the ground surface in its original state before any Grading, Excavation or Filling.

17. (q) “Owner/Developer” means an individual, firm, association, syndicate, limited liability company, limited liability partnership, partnership or corporation having sufficient proprietary interest to seek development of land.

18. (r) “Run-off” means the part of precipitation which flows over land without filtering into the soil.

19. (s) “Slope” means the degree of rise or descent of a sloping surface.

1152.03   Procedures

Upon the filing of a request for approval of a building permit, grade plan approval or subdivision, the Administrator shall determine whether a Hillside Protection Permit is required by applying the objective criteria in this Chapter based on the presence of a “Hillside Area”, as defined in Section 1152.02(k) and as shown on the Hillside Area Map attached hereto and made a part hereof as Exhibit “A”, to the location of proposed development within the Hillside Influence Zone. The Administrator shall refer to the Hillside Area Map to determine whether a Hillside Area exists at the proposed development, which shall be presumed accurate and the applicant shall have the burden to prove by clear and convincing evidence that the lot(s) upon which a building permit is requested do not have the presence of a Hillside Area as defined in Section 1152.02(k) of this Planning and Zoning Code.

1. (a) In order to obtain a building permit, and when required, a Hillside Protection Permit, the applicant shall submit a topographic survey and slope analysis sufficient to identify all areas of fifteen percent (15%) or greater Slope and to document the height of each such Slope (Toe-to-Crest), including delineation of the Hillside Influence Zone as encompassing each such steep Slope itself and the lateral areas extending horizontally outward from both the Toe and the Crest, in each direction for a distance equal to one (1) times the Height of the Slope. The slope analysis shall be based on contour mapping with an interval no greater than two (2) feet.

2. (b) A Hillside Protection Permit shall be required when any portion of the proposed work area, Grading limits, or proposed improvements are located within a Hillside Influence Zone. The Administrator’s determination regarding whether a Hillside Protection Permit is required shall initially be made by reference to the Hillside Area Map attached hereto as Exhibit “A” and based on the submitted slope analysis utilizing the definitions in Section 1152.02 of this Planning and Zoning Code, the application of which shall not be discretionary.

3. (c) When a Hillside Protection Permit is required, the Owner/Developer shall submit the plans and reports specified in Section 1152.04, including a CGI, Grading plan, hydrological control plan, monitoring plan, and landscape plan, as applicable.

4. (d) No building, demolition, Grading, or subdivision permit shall be issued for work governed by this Chapter until a Hillside Protection Permit is issued and the Owner/Developer shall not cause any Disturbance until a Hillside Protection Permit is issued. The Hillside Protection Permit may be issued in phases tied to the approved erosion and sediment controls, Earth Moving stages, and stabilization measures identified in Section 1152.04, with phased inspections under Section 1152.06.

1152.04   Required Hillside Control Measures, Standards and Plans

The Owner/Developer shall comply with the following provisions. Where a requirement applies only when specified conditions are present, such conditions are stated objectively within the subsection.

1. (a) Pre-Construction Record. A photographic record shall be filed with the Administrator prior to any building, Grading, Clearing, or Earth Moving activity on the parcel(s) to be developed. The record shall depict pre-development conditions in sufficient detail to evaluate compliance during and following completion of construction.

2. (b) Comprehensive Geotechnical Investigation (CGI) Required. A CGI prepared and sealed by a Geotechnical Engineer shall be submitted with each application for a Hillside Protection Permit for work located within a Hillside Influence Zone. The CGI requirement is mandatory and shall not be waived.

3. (c) CGI – Minimum Subsurface Exploration Depth and Extent. Subsurface exploration shall include soil borings (and, where appropriate, test pits) located to characterize the hillside, the Toe and Crest areas, and the proposed improvement areas. Borings shall extend to a depth sufficient to (1) penetrate all potentially unstable strata; and (2) extend at least five (5) feet below the deepest potential failure surface evaluated for the governing design condition. In no case shall borings be less than the greater of (i) the height of the Slope plus five (5) feet, or (ii) twenty (20) feet below existing grade, unless competent bedrock is encountered and documented.

4. (d) CGI – Sampling and Laboratory Testing. The CGI shall include representative disturbed sampling and undisturbed sampling where needed to determine shear strength. Laboratory testing shall, at a minimum, include grain size distribution; Atterberg Limits (Liquid Limit, Plastic Limit, Plasticity Index); natural moisture content; unit weight (moist and saturated where applicable); and shear strength parameters sufficient to support stability analyses.

5. (e) CGI – Groundwater and Seepage. The CGI shall document groundwater conditions, including groundwater encountered during drilling, evidence of perched water or seepage, and an evaluation of seasonal/high groundwater where relevant to stability. Where groundwater affects stability, the stability analyses shall account for long-term groundwater levels and seepage forces.

6. (f) CGI – Slope Stability Analysis and Factors of Safety. The CGI shall include slope stability analyses using generally accepted limit-equilibrium or numerical methods. Analyses shall evaluate at least: existing conditions; proposed (post-development) conditions; and temporary construction conditions where applicable. Minimum Factors of Safety (FoS) shall be as follows: (1) Temporary/construction condition: FoS ≥ 1.4; (2) Permanent/long-term condition: FoS ≥ 1.5; (3) Critical Slopes or where failure could impact occupied structures, public streets, or utilities: FoS between 1.7 and 2.0, as appropriate to the consequence of failure and site variability. FoS = 1.0 represents limiting equilibrium (unity) between resisting and driving forces; FoS values in the ranges specified herein are consistent with very low probabilities of failure, commonly cited on the order of approximately 1:10,000 or less for permanent conditions when supported by appropriate investigation and design.

7. (g) CGI – Recommendations and Mitigation Measures. The CGI shall provide specific, constructible recommendations to mitigate existing or potential instability, including Grading limits, wall/foundation recommendations, drainage and seepage control measures, and construction sequencing. Where stabilization measures are required, the plans submitted under subsections (h) through (m) shall incorporate those measures.

8. (h) Instrumentation and Monitoring – Objective Triggers and Monitoring Plan. Instrumentation and monitoring (e.g., inclinometers, piezometers, survey points) shall be required when any of the following are present: (1) documented prior landslide or slope failure on or adjacent to the site; (2) visible head scarps, toe bulges, open fissures, or distress indicative of movement; or (3) proposed Cuts/Fills or drainage changes within the Hillside Influence Zone that materially increase driving forces or pore pressures as demonstrated by the CGI. A monitoring plan shall be required with each application for a Hillside Protection Permit. The monitoring plan shall define trigger levels, reporting frequency, and response actions.

9. (i) Grading Plans. A Grading plan shall be required for each application for a Hillside Protection Permit, in conformance with Section 1307.19 of the Building Code and shall also show: the existing topography of the total parcel; the location and extent of all Hillside Influence Zones; the limits of Disturbance; the location and size of all structures; Finished grades; and the dimensions, elevations, and contours of all proposed Excavation, Cut, Fill, or retaining structures. No building or demolition permits may be issued and no construction activity initiated until a Grading plan permit is issued.

10. (j) Earth Moving Controls. The following minimum standards shall apply: (1) Minimum alterations. Earth Moving shall be limited to the minimum required for building foundations, driveways, drainage control structures and immediate yard areas. (2) Erosion control. All Earth Moving shall employ best management practices to minimize airborne or waterborne transportation of soil. (3) Compaction. All fill shall be placed and compacted in accordance with the CGI recommendations and generally accepted engineering standards, with testing and certification as specified in the CGI. (4) Prompt completion. All Earth Moving shall be accomplished in the shortest practical period of time. (5) Cut and Fill geometry. Cut and Fill Slopes shall be designed and constructed to meet the stability requirements of subsection (f) and shall not exceed three horizontal to one vertical (3H:1V) unless a CGI demonstrates stability at steeper slopes and provides specific stabilization measures.

11. (k) Hydrological Controls. (1) Natural channels. Natural drainage ways shall be preserved to the maximum extent possible. (2) Controlled Run-off. Run-off from concentrated Impervious Surfaces shall be collected and transported in a pipe or other approved manner to an available storm sewer system, or if unavailable, to the bottom of a ravine in a safe, adequate and nonerosive manner. (3) Interceptor drains/ditches. Where indicated by the CGI to reduce infiltration, seepage, or pore pressure, interceptor drains or ditches shall be established above Hillside Areas and conveyed by pipe or other approved manner to an appropriate discharge point. (4) Discharge stabilization. Drainage and culvert discharge points shall be stabilized for a distance sufficient to prevent Erosion and dissipate energy. (5) Early completion. The overall drainage system shall be completed and made operational at the earliest possible time during construction. (6) Adjacent property impacts. Natural or usual flow of surface or subsurface water shall not be altered or obstructed in a manner that adversely affects other property.

12. (l) Hydrological Control Plan. A hydrological control plan prepared by a registered professional civil engineer or landscape architect shall be submitted with each application for a Hillside Protection Permit. The plan shall include: (1) drainage basin flow directions; (2) all natural drainage channels within fifty (50) feet of the perimeter of the site; (3) other drainage ways that may affect or be affected; (4) notations of seepage/spring flow areas; and (5) the location and details of surface and subsurface drainage devices and protective measures.

13. (m) Vegetation, Revegetation, and Landscape Plan. (1) Shortest duration. Soil exposure shall be kept to as short a duration of time as practical. (2) Temporary measures. Temporary vegetation, mulch, mats, or other acceptable cover shall be used as needed to protect exposed areas during development. (3) Revegetation. A mix of plantings, preferably native with adequate deep root systems, shall be used to stabilize disturbed Hillside Areas. (4) Landscape plan. A landscape plan prepared or approved in writing by a registered landscape architect shall be submitted and shall include an inventory of existing vegetation, areas to be removed, proposed revegetation, and written stabilization methods. Unless otherwise provided in this Chapter 1152, the timeline for Disturbance and restoration shall conform to the requirements set forth in Codified Ordinance Section 1355.09 or 1355.10 when a SWP3 or abbreviated SWP3 plan would be applicable.

14. (n) Driveways. The maximum Slope on driveways shall not exceed ten percent (10%). In the event of any conflict between this Subsection and Chapter 903 of the Codified Ordinances of the Municipality, this Subsection shall control.

15. (o) Limits of Disturbance. Whenever a Hillside Area contains slopes of at least fifteen percent (15%) up to twenty-four and ninety-nine hundredths’ percent (24.99%), the maximum Disturbance allowed within a Hillside Influence Zone shall not exceed sixty percent (60%). Whenever a Hillside Area contains slopes of twenty-five percent (25%) up to thirty-nine and ninety-nine hundredths’ percent (39.99%), the maximum Disturbance of the Hillside Influence Zone shall not exceed forty percent (40%). Whenever a Hillside Area contains slopes of forty percent (40%) or greater on any lot, any buildings, utilities, drainage, access ways and stabilization work shall only be permitted when the Administrator determines that the CGI confirms that such Disturbance and installation of improvements will be safe, the Disturbance and installation of improvement will be the minimum necessary and will Disturb no more than twenty percent (20%) of the Hillside Influence Zone.

16. (p) Excluded Activities. This Chapter shall not be interpreted to prohibit normal landscape maintenance or routine arboreal activities, small-scale planting of ornamental flowers or shrubs, or removal of diseased, dead, or damaged trees, provided that such activities are performed to conform with the vegetation and Erosion control standards herein and do not include Earth Moving within a Hillside Area beyond minor handwork.

1152.05   Hold Harmless Provisions

The following hold harmless provisions pertain to any construction or any Earth Moving activities permitted by the administration of this chapter:

1. (a) Limited Obligation. Compliance with the procedures of this chapter and the issuance of any related permits shall not be construed to impose any legal obligation upon the Municipality or its elected or appointed officials.

2. (b) Civil Claims. Compliance with the procedures of this chapter and the issuance of related permits shall not relieve the property owner from civil liability claims by other property owners.

3. (c) Endorsement. Compliance with the procedures of this chapter and the issuance of related permits do not imply approval of the need for or the benefit or efficacy of the proposed construction; nor does it constitute any assertion that the proposed construction will not result in damage to the property in question or to adjoining property.

1152.06   Administration and Enforcement

1. (a) Administration and Enforcement. As prescribed in Chapter 1109 of the Planning and Zoning Code.

2. (b) Additional Site Inspections. Additional site inspections shall be scheduled by the Administrator or Engineer during and upon completion of each phase of the hillside development. Construction activity shall be halted if it is found upon inspection that a situation exists or could result which endangers the health, safety or welfare of adjacent property owners.

3. (c) Appeals. As prescribed in Chapter 1111 of the Planning and Zoning Code.

4. (d) Severability. If for any reason, any clause, sentence, paragraph, section or other part of these Hillside Protection Regulations should be decided by a court of competent jurisdiction to be invalid, such judgment shall not affect the validity of these Hillside Protection Regulations as a whole, or any part thereof, other than the part so held to be invalid.

5. (e) Relation To Other Laws. The provisions of these Regulations shall supplement any and all laws of the State, ordinances of the Municipality or any and all rules and regulations promulgated by authority of such law or ordinance relating to the purpose and scope of these Regulations. Whenever the requirements of any other lawfully adopted law, ordinance, regulation, resolution or rule, conflict with or similarly regulate the same subject matter as the Hillside Protection Regulations, the more restrictive or that imposing the higher standards shall govern.

6. (f) Nothing contained in this Chapter is intended to waive or conflict with the requirements of the Ohio Building Code. Where applicable, any geotechnical investigation shall comply with Ohio Building Code Chapter 1803 in addition to the requirements set forth in this Chapter 1152.

Exhibit “A”

Section 2. The Current Planning and Zoning Code Chapter 1152, the full text of which follows, is hereby repealed.

Chapter 1152: Hillside Protection

• 1152.01   Intent.
• 1152.02   Definitions.
• 1152.03   Procedures.
• 1152.04   Required hillside control measures, standards and plans.
• 1152.05   Hold harmless provisions.
• 1152.06   Administration and enforcement.

1152.01   Intent

Whereas the hillside areas of the Municipality differ from the Municipality’s flatlands, hillsides necessitate different provisions for their development and their protection. The Hillside Protection Regulations are established to achieve, among others, the following objectives:

1. (a) To permit development on hillside areas while conserving and promoting the public health, safety, convenience and general welfare by minimizing disruption to slope stability, water run-off and soil erosion problems incurred in adjustment of the topography to meet development needs;

2. (b) To use generally accepted design, landscape architecture, architecture, civil engineering, and geotechnical engineering to preserve, enhance and promote the existing and future safety of hillside areas;

3. (c) To preserve and enhance the natural beauty of the landscape by encouraging the maximum retention of natural topographic features such as natural drainage swales, streams, slope ridge lines, rock outcroppings, vistas from and of the hillsides, trees and other natural plant formations and to retain the sense of identity and image that the hillside areas now impart to the Municipality;

4. (d) To maximize the natural environmental value of hillside areas as well as their scenic beauty and to protect public and private property owners from the potential damage to human life and safety and property damage that could be caused by increased hillside instability;

5. (e) To assure access to properties that have hillside areas by emergency, police and fire vehicles and personnel to protect persons and property; and,

6. (f) To preserve and protect the unique scenic resources and scenic river habitats in the Municipality.

1152.02   Definitions

1. (a) “Average percent slope.”

   Average percent slope \(S\) is computed by the formula:

   \[S = {0.00229 \times I \times L \over A}\]

   where:

   • \(S\) = Average percent slope
   • \(I\) = Contour interval, in feet*
   • \(L\) = Summation of length of contours, in feet
   • \(A\) = Area in acres of parcel being considered

   * Calculations of average percent slope should be based upon accurate topographic surveys using a contour interval no greater than ten feet and a horizontal map scale of 1″: 200′ or larger. The area of the zoning lot shall be used in this calculation.

2. (a) “Cut” means a portion of land surface or areas from which the earth has been removed or will be removed by excavation; the depth below the original ground surface or excavating surface.

3. (b) “Earth moving” means any excavating, cutting or filling, or any stockpiling thereof.

4. (c) “Erosion” means the general process whereby soils are detached and moved by the flow of surface or subsurface water, wind, ice and gravity.

5. (d) “Excavating” means removing of soil or other materials by any means whatsoever from water or land on or beneath the surface thereof or beneath the land surface, whether exposed or submerged.

6. (e) “Fill” means depositing of soil, rock or other materials by other than natural means.

7. (f) “Finished grade” means the final grade or elevation of the ground surface after grading is completed.

8. (g) “Geotechnical Engineer” means a Registered Professional Engineer in the State of Ohio with training in geotechnical engineering and experience in slope stability analysis and stabilization methods.

9. (h) “Grade” means the degree of rise or descent of a sloping surface.

10. (i) “Grading” means any excavating, cutting or filling, stockpiling of land or earth or combination thereof, including the conditions resulting from any of the above.

11. (j) “Hillside area” includes land in all zoning districts in the Municipality with an average percent slope of twelve percent (12%) or greater and any area contiguous to such a slope within a distance of one times the height of the slope.

12. (k) “Hillside control measures” means all of the planning work and control that is required and specified by this chapter.

13. (l) “Impervious surface” means roads, buildings and structures as defined in Section 1107.05 of the Planning and Zoning Code, tennis courts, roofs, driveways, sidewalks, pools, patios, pool decks, decks, parking lots and other similar surfaces.

14. (m) “Natural ground surface” means the ground surface in its original state before any grading, excavation or filling.

15. (n) “Natural vegetation” means plant materials which are indigenous to the area and exist on a site prior to any construction or earth moving activity.

16. (o) “Owner/developer/builder” means an individual, firm, association, syndicate, limited liability company, limited liability partnership, partnership or corporation having sufficient proprietary interest to seek development of land.

17. (p) “Run-off” means the part of precipitation which flows over land without filtering into the soil.

18. (q) “Undisturbed” means that portion of the parcel to be developed which will not be regraded, have any vegetation removed from or have any impervious surface constructed on or over as specified in this chapter.

1152.03   Procedures

Upon the filing of a request for approval of a building permit, grade plan approval or subdivision, the Administrator shall use the following procedures to determine whether the proposed action is governed by provisions of this chapter and whether a hillside protection permit is required for a parcel or part of a parcel.

1. (a) The average percent slope shall be calculated, and this information shall be supplied by the applicant at the time of filing of the application with the Municipality.

2. (b) The application shall be reviewed by the Municipal Engineer who shall then notify the Administrator if a hillside protection permit is required.

3. (c) If a hillside protection permit is required, the owner/developer shall be required to include hillside control measures with grading, hydrological and landscaping plans as specified in Section 1152.04.These plans shall be submitted to the Municipal Engineer for approval.

4. (d) If it is determined by the Administrator that the action is governed by these provisions, then a hillside protection permit shall be required before a building permit or subdivision permit is issued to the owner or developer by the Municipality. A hillside protection permit shall be issued in phases as determined by the Administrator and the Municipal Engineer before the next phase permit will be issued.

Refer to Section 1152.06 for additional information on administration and enforcement.

1152.04   Required hillside control measures, standards and plans

The owner/developer shall comply with the following provisions:

1. (a) Pre-Construction Record. A photographic record shall be filed with the Administrator prior to any building, grading or clearing activity on the parcel to be developed. This record shall completely depict the pre-development condition of the parcel in sufficient detail to enable the Administrator to evaluate compliance with these regulations during and following completion of construction activities under these regulations. The Administrator shall have the authority to request additional photographs of pre-development conditions of the parcel being developed to satisfy the intent of this section when in his opinion such additional records are required.

2. (b) Geotechnical Report. When deemed necessary by the Municipal Engineer, a geotechnical report by a qualified geotechnical engineer that addresses all factors pertinent to site stability, both present and future, will be required by the Municipal, and shall include the following:

   1. (1) Present stability evaluation. An evaluation of the present stability of the site, based on field exploration that may include test borings and lab testing and stability analysis.

   2. (2) Future stability evaluation. An evaluation of the effect of the planned construction on stability based on the findings under paragraph (c)(1) hereof.

   3. (3) Recommended strategies. Detailed strategies to ensure that existing or potential instabilities will be mitigated.

   4. (4) Instrumentation. Instrumentation shall be required where, in the opinion of the Municipal Engineer, there is evidence of slope movement. Such evidence may include damage to contiguous structures, head scarps, toe bulges, open fissures, misalignment of fence lines, vertical drops or any other evidence that suggest past or active slope failure.

   5. (5) Minimum Requirements. The Municipal Engineer shall have the authority to set minimum standards for the Geotechnical Report based on current engineering standards and site conditions.

3. (c) Grading Plans. A grading plan shall be required for each lot in conformance with Section 1307.19 of the Building Code and in addition shall show the natural topography of the total parcel to be developed and any steep slopes on contiguous properties that, in the opinion of the Municipal Engineer, may be affected by the development, the location and size of all structures, the finished grade of all improvement locations and the dimensions, elevations and contours of any proposed earth moving and shall be submitted with each application for a hillside protection permit and shall show the following. No building or demolition permits may be issued and no construction activity initiated until a grading plan permit is issued:

   1. (1) A detailed topographic map. A contour map with two-foot intervals or suitable cross sections or profiles of areas where streets, driveways, buildings, utilities or grading construction is proposed shall be required.

   2. (2) Road profiles. Profiles and cross sections of all significant changes in the cross slopes; the cross section to show proposed and natural grade at the centerline of the road, the right-of-way line and the proposed building setback lines shall be required.

   3. (3) Special terrain notes. Notes and details of existing terrain shall be shown over the required topographic information.

   4. (4) Material disposal. A description shall be included of methods to be employed in disposing of soil and other material removed, including the location of the disposal site.

   5. (5) Timetable. A schedule shall be included showing when each stage of the project will be completed, including the estimated starting and completion dates.

4. (d) Earth Moving Controls. The following minimum standards shall apply to earth moving:

   1. (1) Minimum alterations. Earth moving shall be limited to the minimum required for building foundations, driveways, drainage control structures and immediate yard areas.

   2. (2) Erosion control. All earth moving shall create the lowest possible potential for airborne or waterborne transportation of soil.

   3. (3) Compaction. All fill shall be stabilized in conformance with generally accepted engineering standards, including a compacted density in conformance with the approved Geotechnical Report.

   4. (4) Prompt completion. All earth moving shall be accomplished in the shortest practical period of time. In no event shall the existing natural vegetation be destroyed, removed or disturbed more than fifteen days prior to the initiation of construction.

   5. (5) Cut and fill. Cut and fill slopes shall be no steeper than two horizontal to one vertical; fill slopes shall not be located on natural slopes steeper than 2:1; or where fill slope toes out within twelve feet horizontal of the top of an existing or planned cut slope.

5. (e) Hydrological Controls. The following standards shall apply to hydrological controls:

   1. (1) Natural channels. Natural drainage ways shall be preserved to the maximum extent possible.

   2. (2) Controlled run-off. Run-off from concentrated impervious surfaces shall be collected and transported in a pipe or other approved manner to a Municipal storm sewer system if available, or if unavailable, to the bottom of a ravine in a safe, adequate and nonerosive manner. Where required by the Municipal Engineer, storm water retention facilities shall be installed.

   3. (3) Interceptor ditches. Where required, interceptor ditches shall be established above steep slopes in such a way as not to saturate or erode soil, and the intercepted water shall be conveyed in a pipe or other approved manner to a Municipal storm sewer system or to the bottom of a ravine or steep slope.

   4. (4) Discharge point stabilization. Natural drainage ways shall be established by means consistent with sound professional engineering practice, below drainage and culvert discharge points for a distance sufficient to convey the discharge without channel erosion and in such manner as to dissipate the energy of the discharge.

   5. (5) Early completion. The overall drainage system shall be completed and made operational at the earliest possible time during construction.

   6. (6) Impact on adjacent property. Natural or usual flow of surface or subsurface water shall not be altered or obstructed in any way by grade changes that may adversely affect the property of another by either contributing to pooling or collection of waters, or to the concentration or intensification of surface water discharge. However, construction which might otherwise be prohibited hereinabove may be allowed if such waters are safely and adequately drained in a nonerosive manner by a pipe or other approved manner to a storm sewer or to a channel at the bottom of a ravine or steep slope.

6. (f) Hydrological Control Plan. A hydrological control plan, prepared by a registered professional civil engineer or landscape architect, shall be submitted with each application for a hillside protection permit. This plan shall include the following:

   1. (1) Hydrologic inventory. A reasonably detailed description of:

      1. (A) The direction of flow within the local drainage basin;

      2. (B) All natural drainage channels directed toward and away from the site within fifty feet of the perimeter of the site;

      3. (C) Other natural drainage ways which may affect or be affected by the proposal; and

      4. (D) Any future realignment of the natural ravine channel.

   2. (2) Special notations. Special notations shall be included highlighting details of the terrain, existing natural surface drainage and areas subject to seepage or spring flow.

   3. (3) Proposed facilities. The location of all surface and subsurface drainage devices and protective measures to be installed as part of the proposed development, together with a statement concerning any active erosion occurring at the outlet of existing or proposed systems.

7. (g) Vegetation and Revegetation. The following standards shall apply to vegetation and revegetation of Hillside Areas:

   1. (1) Shortest duration. Soil exposure shall be kept to as short a duration of time as practical.

   2. (2) Temporary measures. When required by the Municipal Engineer, temporary vegetation, mulch or other acceptable cover shall be used to protect areas exposed during development and to prevent airborne or waterborne transportation of soil.

   3. (3) Revegetation. A mix of plantings (preferably native with adequate deep root systems) shall be used to landscape steep slope areas disturbed by earth moving and construction.

8. (h) Landscape Plan. A landscape plan, prepared or approved in writing by a professional registered landscape architect trained and experienced in both the characteristics of plant material and proper procedures for installation, shall be submitted with each application for a hillside protection permit. This plan shall include the following:

   1. (1) Existing inventory. A site plan inventory describing the existing vegetation cover of the property and showing those areas where the vegetation will be removed as part of the proposed development.

   2. (2) Revegetation. A site plan describing proposed revegetation of disturbed areas and specifying the materials to be used.

   3. (3) Written description. A detailed description of any slope stabilization and revegetation methods, together with the rationale for selecting the plant materials and planting techniques to be used.

9. (i) Driveways. The maximum grade on driveways shall not exceed ten percent (10%). Each drive shall provide sufficient space and distance so that any vehicle entering or leaving the premises shall be traveling in a forward motion.

10. (j) Excluded Activities. This chapter shall not be interpreted to prohibit normal landscape maintenance or routine arboreal activities or to prohibit small scale planting of ornamental flowers or shrubs, or the removal of diseased, dead or damaged trees. However, such activities shall be carried out to conformance with the standards of vegetation or revegetation of this chapter.

1152.05   Hold harmless provisions

The following hold harmless provisions pertain to any construction or any earth moving activities permitted by the administration of this chapter:

1. (a) Limited Obligation. Compliance with the procedures of this chapter and the issuance of any related permits shall not be construed to impose any legal obligation upon the Municipality or its elected or appointed officials.

2. (b) Civil Claims. Compliance with the procedures of this chapter and the issuance of related permits shall not relieve the property owner from civil liability claims by other property owners.

3. (c) Endorsement. Compliance with the procedures of this chapter and the issuance of related permits do not imply approval of, the need for or the benefit or efficacy of the proposed construction; nor does it constitute any assertion that the proposed construction will not result in damage to the property in question or to adjoining property.

1152.06   Administration and enforcement

1. (a) Administration and Enforcement. As prescribed in Chapter 1109 of the Planning and Zoning Code.

2. (b) Additional Site Inspections. Additional site inspections shall be scheduled by the Administrator or Engineer during and upon completion of each phase of the hillside development. Construction activity shall be halted if it is found upon inspection that a situation exists or could result which endangers the health, safety or welfare of adjacent property owners.

3. (c) Appeals. As prescribed in Chapter 1111 of the Planning and Zoning Code.

4. (d) Severability. If for any reason, any change, sentence paragraph, section or other part of these Hillside Protection Regulations should be decided by a court of competent jurisdiction to be invalid, such judgment shall not affect the validity of these Hillside Protection Regulations as a whole, or any part thereof, other than the part so held to be invalid.

5. (e) Relation To Other Laws. The provision of these Regulations shall supplement any and all laws of the State, ordinances of the Municipality or any and all rules and regulations promulgated by authority of such law or ordinance relating to the purpose and scope of these Regulations. Whenever the requirements of any other lawfully adopted law, ordinance, regulation, resolution or rule, conflict with or similarly regulate the same subject matter as the Hillside Protection Regulations, the more restrictive or that imposing the higher standards shall govern.

Section 3. As amended, Planning and Zoning Code Chapter 1152 with strikeouts for deletions and underling for additions reads in its entirety as follows:

Chapter 1152: Hillside Protection

• 1152.01 Intent.
• 1152.02 Definitions.
• 1152.03 Procedures.
• 1152.04 Required hillside control measures, standards and plans.
• 1152.05 Hold harmless provisions.
• 1152.06 Administration and enforcement.

1152.01   Intent

Whereas the hHillside aAreas of the Municipality differ from the Municipality’s flatlands, hillsides necessitate different provisions for their development and their protection. The Hillside Protection Regulations are established to achieve, among others, the following objectives:

1. (a) To permit development on hHillside aAreas while conserving and promoting the public health, safety, convenience and general welfare by minimizing disruption to slope stability, water rRun-off and soil eErosion problems incurred in adjustment of the topography to meet development needs;

2. (b) To use generally accepted design, landscape architecture, architecture, civil engineering, and geotechnical engineering to preserve, enhance and promote the existing and future safety of hHillside aAreas;

3. (c) To preserve and enhance the natural beauty of the landscape by encouraging the maximum retention of natural topographic features such as natural drainage swales, streams, slope ridge lines, rock outcroppings, vistas from and of the hillsides, trees and other natural (native) plant formations and to retain the sense of identity and image that the hHillside aAreas now impart to the Municipality;

4. (d) To maximize the natural environmental value of hHillside aAreas as well as their scenic beauty and to protect public and private property owners from the potential damage to human life and safety and property damage that could be caused by increased hillside instability;

5. (e) To assure access to properties that have hHillside aAreas by emergency, police and fire vehicles and personnel to protect persons and property; and,

6. (f) To preserve and protect the unique scenic resources and scenic river habitats in the Municipality.

In furtherance of these objectives, this Chapter establishes objective, measurable criteria that trigger geotechnical investigation and slope stability evaluation and sets minimum engineering and testing standards consistent with generally accepted geotechnical practice.

1152.02   Definitions

1. (a) “Average percent slope.”

   Average percent slope \(S\) is computed by the formula:

   \(S = {0.00229 \times I \times L \over A}\)

   where:

   • \(S\) = Average percent slope
   • \(I\) = Contour interval, in feet*
   • \(L\) = Summation of length of contours, in feet
   • \(A\) = Area in acres of parcel being considered

   * Calculations of average percent slope should be based upon accurate topographic surveys using a contour interval no greater than ten feet and a horizontal map scale of 1″: 200′ or larger. The area of the zoning lot shall be used in this calculation.

   “Clearing” means the removal, destruction, cutting, grubbing, mowing of natural vegetation, or the removal of trees, shrubs, groundcover, roots, stumps, or other vegetative material from one or more parcels, whether by mechanical, chemical, or manual means. Clearing includes the removal of vegetation undertaken to prepare land for development, Grading, Excavation, Fill placement, utility installation, access improvements, or to otherwise alter the Original Ground Surface. Routine landscaping maintenance associated with an existing lawful use, including mowing, pruning, trimming, removal of dead, damaged, diseased or hazardous vegetation, and replacement planting, shall not constitute Clearing unless expressly provided elsewhere in this Chapter.

2. (ab) “Cut” means a portion of land surface or areas from which the earth has been removed or will be removed by eExcavation; the depth below the originalexisting oOriginal gGround sSurface.

3. (c) “Disturbance” means any Clearing, Grading, Excavating, Filling, or other alteration of land surface where natural or man-made cover is destroyed in a manner that exposes the underlying soils, including but not limited to tree and vegetative cover removal.

4. (bd) “Earth mMoving” means any excavating, cCutting or fFilling, or any stockpiling thereof.

5. (ce) “Erosion” means the general process whereby soils are detached and moved by the flow of surface or subsurface water, wind, ice and gravity.

6. (df) “Excavating” or “Excavation” means removing of soil, trees, vegetative cover, or other materials by any means whatsoever from water or land on or beneath the surface thereof or beneath the land surface, whether exposed or submerged.

7. (eg) “Fill” means depositing of soil, rock or other materials by other than natural means.

8. (fh) “Finished gGrade” means the final gGrade or elevation of the ground surface after gGrading is completed.

9. (gi) “Geotechnical Engineer” means a Registered Professional Engineer in the State of Ohio with training in geotechnical engineering and experience in slope stability analysis and stabilization methods.

10. (h) “Grade” means the degree of rise or descent of a sloping surface.

11. (ij) “Grading” means any eExcavating, cCutting or fFilling, stockpiling of land or earth or combination thereof, including the conditions resulting from any of the above.

12. (jk) “Hillside aArea” includes land in all zoning districts in the Municipality with an average percent slopeSlopes of twelvefifteen percent (1215%) or greater and any area contiguous to such a slope within a distance of one times the height of the slopethat have a vertical height of ten (10) feet or more.

13. (k) “Hillside control measures” means all of the planning work and control that is required and specified by this chapter.

14. (l) “Hillside Influence Zone” includes each Slope within a Hillside Area and the contiguous lateral extension of the height of the Slope at the Toe and the Crest, in each direction for a distance equal to one (1) times the height of the Slope.

15. (m)

    1. (1) “Crest” means the uppermost edge of a hillside where the ground surface transitions from the hillside to a flatter area.

    2. (2) “Toe” means the lowermost edge of a hillside where the ground surface transitions from the hillside to a flatter area.

    3. (3) “Height of Slope” means the vertical difference in elevation between the Toe and the Crest, measured along the line of steepest descent (or as otherwise demonstrated by site-specific topography).

    4. (4) “Factor of Safety (FoS)” means the ratio of resisting forces to driving forces acting along a potential failure surface. FoS = 1.0 represents limiting equilibrium (unity) between resisting and driving forces.

16. (n) “Comprehensive Geotechnical Investigation (CGI)” means a site-specific subsurface exploration, laboratory testing, groundwater evaluation, and slope stability analysis prepared and sealed by a Geotechnical Engineer consistent with this Chapter.

17. (lo) “Impervious sSurface” means roads, buildings and structures as defined in Section 1107.05 of the Planning and Zoning Code, tennis courts, roofs, driveways, sidewalks, pools, patios, pool decks, decks, parking lots and other similar surfaces.

18. (mp) “NaturalOriginal gGround sSurface” means the ground surface in its original state before any gGrading, eExcavation or fFilling.

19. (n) “Natural vegetation” means plant materials which are indigenous to the area and exist on a site prior to any construction or earth moving activity.

20. (oq) “Owner/dDeveloper/builder” means an individual, firm, association, syndicate, limited liability company, limited liability partnership, partnership or corporation having sufficient proprietary interest to seek development of land.

21. (pr) “Run-off” means the part of precipitation which flows over land without filtering into the soil.

22. (q) “Undisturbed” means that portion of the parcel to be developed which will not be regraded, have any vegetation removed from or have any impervious surface constructed on or over as specified in this chapter.

23. (s) “Slope” means the degree of rise or descent of a sloping surface.

1152.03   Procedures

Upon the filing of a request for approval of a building permit, grade plan approval or subdivision, the Administrator shall use the following procedures to determine whether the proposed action is governed by provisions of this chapter and whether a hHillside pProtection pPermit is required for a parcel or part of a parcelby applying the objective criteria in this Chapter based on the presence of a “Hillside Area”, as defined in Section 1152.02(k) and as shown on the Hillside Area Map attached hereto and made a part hereof as Exhibit “A”, to the location of proposed development within the Hillside Influence Zone. The Administrator shall refer to the Hillside Area Map to determine whether a Hillside Area exists at the proposed development, which shall be presumed accurate and the applicant shall have the burden to prove by clear and convincing evidence that the lot(s) upon which a building permit is requested do not have the presence of a Hillside Area as defined in Section 1152.02(k) of this Planning and Zoning Code.

1. (a) The average percent slope shall be calculated, and this information shall be supplied by the applicant at the time of filing of the application with the MunicipalityIn order to obtain a building permit, and when required, a Hillside Protection Permit, the applicant shall submit a topographic survey and slope analysis sufficient to identify all areas of fifteen percent (15%) or greater Slope and to document the height of each such Slope (Toe-to-Crest), including delineation of the Hillside Influence Zone as encompassing each such steep Slope itself and the lateral areas extending horizontally outward from both the Toe and the Crest, in each direction for a distance equal to one (1) times the Height of the Slope. The slope analysis shall be based on contour mapping with an interval no greater than two (2) feet.

2. (b) The application shall be reviewed by the Municipal Engineer who shall then notify the Administrator if a hillside protection permit is requiredA Hillside Protection Permit shall be required when any portion of the proposed work area, Grading limits, or proposed improvements are located within a Hillside Influence Zone. The Administrator’s determination regarding whether a Hillside Protection Permit is required shall initially be made by reference to the Hillside Area Map attached hereto as Exhibit “A” and based on the submitted slope analysis utilizing the definitions in Section 1152.02 of this Planning and Zoning Code, the application of which shall not be discretionary.

3. (c) IfWhen a hHillside pProtection pPermit is required, the oOwner/dDeveloper shall be required to include hillside control measures with grading, hydrological and landscaping plans as specified in Section 1152.04.These plans shall be submitted to the Municipal Engineer for approvalsubmit the plans and reports specified in Section 1152.04, including a CGI, Grading plan, hydrological control plan, monitoring plan, and landscape plan, as applicable.

4. (d) If it is determined by the Administrator that the action is governed by these provisions, then a hillside protection permit shall be required before a building permit or subdivision permit is issued to the owner or developer by the Municipality. A hillside protection permit shall be issued in phases as determined by the Administrator and the Municipal Engineer before the next phase permit will be issuedNo building, demolition, Grading, or subdivision permit shall be issued for work governed by this Chapter until a Hillside Protection Permit is issued and the Owner/Developer shall not cause any Disturbance until a Hillside Protection Permit is issued. The Hillside Protection Permit may be issued in phases tied to the approved erosion and sediment controls, Earth Moving stages, and stabilization measures identified in Section 1152.04, with phased inspections under Section 1152.06.

Refer to Section 1152.06 for additional information on administration and enforcement.

1152.04   Required Hillside Control Measures, Standards and Plans

The oOwner/dDeveloper shall comply with the following provisions:. Where a requirement applies only when specified conditions are present, such conditions are stated objectively within the subsection.

1. (a) Pre-Construction Record. A photographic record shall be filed with the Administrator prior to any building, gGrading, or cClearing, or Earth Moving activity on the parcel(s) to be developed. ThisThe record shall completely depict the pre-development conditions of the parcel in sufficient detail to enable the Administrator to evaluate compliance with these regulations during and following completion of construction activities under these regulations. The Administrator shall have the authority to request additional photographs of pre-development conditions of the parcel being developed to satisfy the intent of this section when in his opinion such additional records are required.

2. (b) Geotechnical Report. When deemed necessary by the Municipal Engineer, a geotechnical report by a qualified geotechnical engineer that addresses all factors pertinent to site stability, both present and future, will be required by the Municipal, and shall include the following:

   1. (1) Present stability evaluation. An evaluation of the present stability of the site, based on field exploration that may include test borings and lab testing and stability analysis.

   2. (2) Future stability evaluation. An evaluation of the effect of the planned construction on stability based on the findings under paragraph (c)(1) hereof.

   3. (3) Recommended strategies. Detailed strategies to ensure that existing or potential instabilities will be mitigated.

   4. (4) Instrumentation. Instrumentation shall be required where, in the opinion of the Municipal Engineer, there is evidence of slope movement. Such evidence may include damage to contiguous structures, head scarps, toe bulges, open fissures, misalignment of fence lines, vertical drops or any other evidence that suggest past or active slope failure.

   5. (5) Minimum Requirements. The Municipal Engineer shall have the authority to set minimum standards for the Geotechnical Report based on current engineering standards and site conditions.

   Comprehensive Geotechnical Investigation (CGI) Required. A CGI prepared and sealed by a Geotechnical Engineer shall be submitted with each application for a Hillside Protection Permit for work located within a Hillside Influence Zone. The CGI requirement is mandatory and shall not be waived.

3. (c) CGI – Minimum Subsurface Exploration Depth and Extent. Subsurface exploration shall include soil borings (and, where appropriate, test pits) located to characterize the hillside, the Toe and Crest areas, and the proposed improvement areas. Borings shall extend to a depth sufficient to (1) penetrate all potentially unstable strata; and (2) extend at least five (5) feet below the deepest potential failure surface evaluated for the governing design condition. In no case shall borings be less than the greater of (i) the height of the Slope plus five (5) feet, or (ii) twenty (20) feet below existing grade, unless competent bedrock is encountered and documented.

4. (d) CGI – Sampling and Laboratory Testing. The CGI shall include representative disturbed sampling and undisturbed sampling where needed to determine shear strength. Laboratory testing shall, at a minimum, include grain size distribution; Atterberg Limits (Liquid Limit, Plastic Limit, Plasticity Index); natural moisture content; unit weight (moist and saturated where applicable); and shear strength parameters sufficient to support stability analyses.

5. (e) CGI – Groundwater and Seepage. The CGI shall document groundwater conditions, including groundwater encountered during drilling, evidence of perched water or seepage, and an evaluation of seasonal/high groundwater where relevant to stability. Where groundwater affects stability, the stability analyses shall account for long-term groundwater levels and seepage forces.

6. (f) CGI – Slope Stability Analysis and Factors of Safety. The CGI shall include slope stability analyses using generally accepted limit-equilibrium or numerical methods. Analyses shall evaluate at least: existing conditions; proposed (post-development) conditions; and temporary construction conditions where applicable. Minimum Factors of Safety (FoS) shall be as follows: (1) Temporary/construction condition: FoS ≥ 1.4; (2) Permanent/long-term condition: FoS ≥ 1.5; (3) Critical Slopes or where failure could impact occupied structures, public streets, or utilities: FoS between 1.7 and 2.0, as appropriate to the consequence of failure and site variability. FoS = 1.0 represents limiting equilibrium (unity) between resisting and driving forces; FoS values in the ranges specified herein are consistent with very low probabilities of failure, commonly cited on the order of approximately 1:10,000 or less for permanent conditions when supported by appropriate investigation and design.

7. (g) CGI – Recommendations and Mitigation Measures. The CGI shall provide specific, constructible recommendations to mitigate existing or potential instability, including Grading limits, wall/foundation recommendations, drainage and seepage control measures, and construction sequencing. Where stabilization measures are required, the plans submitted under subsections (h) through (m) shall incorporate those measures.

8. (h) Instrumentation and Monitoring – Objective Triggers and Monitoring Plan. Instrumentation and monitoring (e.g., inclinometers, piezometers, survey points) shall be required when any of the following are present: (1) documented prior landslide or slope failure on or adjacent to the site; (2) visible head scarps, toe bulges, open fissures, or distress indicative of movement; or (3) proposed Cuts/Fills or drainage changes within the Hillside Influence Zone that materially increase driving forces or pore pressures as demonstrated by the CGI. A monitoring plan shall be required with each application for a Hillside Protection Permit. The monitoring plan shall define trigger levels, reporting frequency, and response actions.

9. (ci) Grading Plans. A grading plan shall be required for each lot in conformance with Section 1307.19 of the Building Code and in addition shall show the natural topography of the total parcel to be developed and any steep slopes on contiguous properties that, in the opinion of the Municipal Engineer, may be affected by the development, the location and size of all structures, the finished grade of all improvement locations and the dimensions, elevations and contours of any proposed earth moving and shall be submitted with each application for a hillside protection permit and shall show the following. No building or demolition permits may be issued and no construction activity initiated until a grading plan permit is issued:

   1. (1) A detailed topographic map. A contour map with two-foot intervals or suitable cross sections or profiles of areas where streets, driveways, buildings, utilities or grading construction is proposed shall be required.

   2. (2) Road profiles. Profiles and cross sections of all significant changes in the cross slopes; the cross section to show proposed and natural grade at the centerline of the road, the right-of-way line and the proposed building setback lines shall be required.

   3. (3) Special terrain notes. Notes and details of existing terrain shall be shown over the required topographic information.

   4. (4) Material disposal. A description shall be included of methods to be employed in disposing of soil and other material removed, including the location of the disposal site.

   5. (5) Timetable. A schedule shall be included showing when each stage of the project will be completed, including the estimated starting and completion dates.

   A Grading plan shall be required for each application for a Hillside Protection Permit, in conformance with Section 1307.19 of the Building Code and shall also show: the existing topography of the total parcel; the location and extent of all Hillside Influence Zones; the limits of Disturbance; the location and size of all structures; Finished grades; and the dimensions, elevations, and contours of all proposed Excavation, Cut, Fill, or retaining structures. No building or demolition permits may be issued and no construction activity initiated until a Grading plan permit is issued.

10. (dj) Earth Moving Controls. The following minimum standards shall apply to earth moving:

    1. (1) Minimum alterations. Earth moving shall be limited to the minimum required for building foundations, driveways, drainage control structures and immediate yard areas.

    2. (2) Erosion control. All earth moving shall create the lowest possible potential for airborne or waterborne transportation of soil.

    3. (3) Compaction. All fill shall be stabilized in conformance with generally accepted engineering standards, including a compacted density in conformance with the approved Geotechnical Report.

    4. (4) Prompt completion. All earth moving shall be accomplished in the shortest practical period of time. In no event shall the existing natural vegetation be destroyed, removed or disturbed more than fifteen days prior to the initiation of construction.

    5. (5) Cut and fill. Cut and fill slopes shall be no steeper than two horizontal to one vertical; fill slopes shall not be located on natural slopes steeper than 2:1; or where fill slope toes out within twelve feet horizontal of the top of an existing or planned cut slope.

    (1) Minimum alterations. Earth Moving shall be limited to the minimum required for building foundations, driveways, drainage control structures and immediate yard areas. (2) Erosion control. All Earth Moving shall employ best management practices to minimize airborne or waterborne transportation of soil. (3) Compaction. All fill shall be placed and compacted in accordance with the CGI recommendations and generally accepted engineering standards, with testing and certification as specified in the CGI. (4) Prompt completion. All Earth Moving shall be accomplished in the shortest practical period of time. (5) Cut and Fill geometry. Cut and Fill Slopes shall be designed and constructed to meet the stability requirements of subsection (f) and shall not exceed three horizontal to one vertical (3H:1V) unless a CGI demonstrates stability at steeper slopes and provides specific stabilization measures.

11. (ek) Hydrological Controls. The following standards shall apply to hydrological controls:

    1. (1) Natural channels. Natural drainage ways shall be preserved to the maximum extent possible.

    2. (2) Controlled run-off. Run-off from concentrated impervious surfaces shall be collected and transported in a pipe or other approved manner to a Municipal storm sewer system if available, or if unavailable, to the bottom of a ravine in a safe, adequate and nonerosive manner. Where required by the Municipal Engineer, storm water retention facilities shall be installed.

    3. (3) Interceptor ditches. Where required, interceptor ditches shall be established above steep slopes in such a way as not to saturate or erode soil, and the intercepted water shall be conveyed in a pipe or other approved manner to a Municipal storm sewer system or to the bottom of a ravine or steep slope.

    4. (4) Discharge point stabilization. Natural drainage ways shall be established by means consistent with sound professional engineering practice, below drainage and culvert discharge points for a distance sufficient to convey the discharge without channel erosion and in such manner as to dissipate the energy of the discharge.

    5. (5) Early completion. The overall drainage system shall be completed and made operational at the earliest possible time during construction.

    6. (6) Impact on adjacent property. Natural or usual flow of surface or subsurface water shall not be altered or obstructed in any way by grade changes that may adversely affect the property of another by either contributing to pooling or collection of waters, or to the concentration or intensification of surface water discharge. However, construction which might otherwise be prohibited hereinabove may be allowed if such waters are safely and adequately drained in a nonerosive manner by a pipe or other approved manner to a storm sewer or to a channel at the bottom of a ravine or steep slope.

    (1) Natural channels. Natural drainage ways shall be preserved to the maximum extent possible. (2) Controlled Run-off. Run-off from concentrated Impervious Surfaces shall be collected and transported in a pipe or other approved manner to an available storm sewer system, or if unavailable, to the bottom of a ravine in a safe, adequate and nonerosive manner. (3) Interceptor drains/ditches. Where indicated by the CGI to reduce infiltration, seepage, or pore pressure, interceptor drains or ditches shall be established above Hillside Areas and conveyed by pipe or other approved manner to an appropriate discharge point. (4) Discharge stabilization. Drainage and culvert discharge points shall be stabilized for a distance sufficient to prevent Erosion and dissipate energy. (5) Early completion. The overall drainage system shall be completed and made operational at the earliest possible time during construction. (6) Adjacent property impacts. Natural or usual flow of surface or subsurface water shall not be altered or obstructed in a manner that adversely affects other property.

12. (fl) Hydrological Control Plan. A hydrological control plan, prepared by a registered professional civil engineer or landscape architect, shall be submitted with each application for a hHillside pProtection pPermit. ThisThe plan shall include the following:

    1. (1) Hydrologic inventory. A reasonably detailed description of:

       1. (A) The direction of flow within the local drainage basin;

       2. (B) All natural drainage channels directed toward and away from the site within fifty feet of the perimeter of the site;

       3. (C) Other natural drainage ways which may affect or be affected by the proposal; and

       4. (D) Any future realignment of the natural ravine channel.

    2. (2) Special notations. Special notations shall be included highlighting details of the terrain, existing natural surface drainage and areas subject to seepage or spring flow.

    3. (3) Proposed facilities. The location of all surface and subsurface drainage devices and protective measures to be installed as part of the proposed development, together with a statement concerning any active erosion occurring at the outlet of existing or proposed systems.

    (1) drainage basin flow directions; (2) all natural drainage channels within fifty (50) feet of the perimeter of the site; (3) other drainage ways that may affect or be affected; (4) notations of seepage/spring flow areas; and (5) the location and details of surface and subsurface drainage devices and protective measures.

13. (gm) Vegetation and, Revegetation, and Landscape Plan. The following standards shall apply to vegetation and revegetation of Hillside Areas:

    1. (1) Shortest duration. Soil exposure shall be kept to as short a duration of time as practical.

    2. (2) Temporary measures. When required by the Municipal Engineer, temporary vegetation, mulch or other acceptable cover shall be used to protect areas exposed during development and to prevent airborne or waterborne transportation of soil.

    3. (3) Revegetation. A mix of plantings (preferably native with adequate deep root systems) shall be used to landscape steep slope areas disturbed by earth moving and construction.

14. (h) Landscape Plan. A landscape plan, prepared or approved in writing by a professional registered landscape architect trained and experienced in both the characteristics of plant material and proper procedures for installation, shall be submitted with each application for a hillside protection permit. This plan shall include the following:

    1. (1) Existing inventory. A site plan inventory describing the existing vegetation cover of the property and showing those areas where the vegetation will be removed as part of the proposed development.

    2. (2) Revegetation. A site plan describing proposed revegetation of disturbed areas and specifying the materials to be used.

    3. (3) Written description. A detailed description of any slope stabilization and revegetation methods, together with the rationale for selecting the plant materials and planting techniques to be used.

    (1) Shortest duration. Soil exposure shall be kept to as short a duration of time as practical. (2) Temporary measures. Temporary vegetation, mulch, mats, or other acceptable cover shall be used as needed to protect exposed areas during development. (3) Revegetation. A mix of plantings, preferably native with adequate deep root systems, shall be used to stabilize disturbed hHillside aAreas. (4) Landscape plan. A landscape plan prepared or approved in writing by a registered landscape architect shall be submitted and shall include an inventory of existing vegetation, areas to be removed, proposed revegetation, and written stabilization methods. Unless otherwise provided in this Chapter 1152, the timeline for Disturbance and restoration shall conform to the requirements set forth in Codified Ordinance Section 1355.09 or [1355.10][1355.10] when a SWP3 or abbreviated SWP3 plan would be applicable.

15. (in) Driveways. The maximum gradeSlope on driveways shall not exceed ten percent (10%). Each drive shall provide sufficient space and distance so that any vehicle entering or leaving the premises shall be traveling in a forward motionIn the event of any conflict between this Subsection and Chapter 903 of the Codified Ordinances of the Municipality, this Subsection shall control.

16. (o) Limits of Disturbance. Whenever a Hillside Area contains slopes of at least fifteen percent (15%) up to twenty-four and ninety-nine hundredths’ percent (24.99%), the maximum Disturbance allowed within a Hillside Influence Zone shall not exceed sixty percent (60%). Whenever a Hillside Area contains slopes of twenty-five percent (25%) up to thirty-nine and ninety-nine hundredths’ percent (39.99%), the maximum Disturbance of the Hillside Influence Zone shall not exceed forty percent (40%). Whenever a Hillside Area contains slopes of forty percent (40%) or greater on any lot, any buildings, utilities, drainage, access ways and stabilization work shall only be permitted when the Administrator determines that the CGI confirms that such Disturbance and installation of improvements will be safe, the Disturbance and installation of improvement will be the minimum necessary and will Disturb no more than twenty percent (20%) of the Hillside Influence Zone.

17. (jp) Excluded Activities. This cChapter shall not be interpreted to prohibit normal landscape maintenance or routine arboreal activities, or to prohibit small -scale planting of ornamental flowers or shrubs, or the removal of diseased, dead, or damaged trees. However, such activities shall be carried out to conformance with the standards of vegetation or revegetation of this chapter, provided that such activities are performed to conform with the vegetation and Erosion control standards herein and do not include Earth Moving within a Hillside Area beyond minor handwork.

1152.05   Hold Harmless Provisions

The following hold harmless provisions pertain to any construction or any eEarth mMoving activities permitted by the administration of this chapter:

1. (a) Limited Obligation. Compliance with the procedures of this chapter and the issuance of any related permits shall not be construed to impose any legal obligation upon the Municipality or its elected or appointed officials.

2. (b) Civil Claims. Compliance with the procedures of this chapter and the issuance of related permits shall not relieve the property owner from civil liability claims by other property owners.

3. (c) Endorsement. Compliance with the procedures of this chapter and the issuance of related permits do not imply approval of, the need for or the benefit or efficacy of the proposed construction; nor does it constitute any assertion that the proposed construction will not result in damage to the property in question or to adjoining property.

1152.06   Administration and Enforcement

1. (a) Administration and Enforcement. As prescribed in Chapter 1109 of the Planning and Zoning Code.

2. (b) Additional Site Inspections. Additional site inspections shall be scheduled by the Administrator or Engineer during and upon completion of each phase of the hillside development. Construction activity shall be halted if it is found upon inspection that a situation exists or could result which endangers the health, safety or welfare of adjacent property owners.

3. (c) Appeals. As prescribed in Chapter 1111 of the Planning and Zoning Code.

4. (d) Severability. If for any reason, any changeclause, sentence, paragraph, section or other part of these Hillside Protection Regulations should be decided by a court of competent jurisdiction to be invalid, such judgment shall not affect the validity of these Hillside Protection Regulations as a whole, or any part thereof, other than the part so held to be invalid.

5. (e) Relation To Other Laws. The provisions of these Regulations shall supplement any and all laws of the State, ordinances of the Municipality or any and all rules and regulations promulgated by authority of such law or ordinance relating to the purpose and scope of these Regulations. Whenever the requirements of any other lawfully adopted law, ordinance, regulation, resolution or rule, conflict with or similarly regulate the same subject matter as the Hillside Protection Regulations, the more restrictive or that imposing the higher standards shall govern.

6. (f) Nothing contained in this Chapter is intended to waive or conflict with the requirements of the Ohio Building Code. Where applicable, any geotechnical investigation shall comply with Ohio Building Code Chapter 1803 in addition to the requirements set forth in this Chapter 1152.

Exhibit “A”

Section 4. The existing Chapter 1152 of the Planning Zoning Code to the extent inconsistent with the newly enacted provisions herein and any other ordinance in conflict with this Ordinance are hereby repealed, except to the extent such code sections are the subject of an enforcement action they shall be considered in effect for the purposes of enforcement for any violations that occur prior to repeal.

Section 5. That actions of this Council concerning and relating to the passage of this legislation were adopted in lawful meetings of this Council and that all deliberations of this Council and of any of its committees that resulted in such formal action were in compliance with all legal requirements, including Chapter 114 of the Codified Ordinances of the Village of Chagrin Falls.

Section 6. That in accordance with Section 113.01 of the Codified Ordinances of the Village of Chagrin Falls, public notice of this Ordinance shall be given by posting a copy thereof for not less than fifteen (15) days on the Village website.

Section 7. This Ordinance shall take effect and be in force after the earliest period allowed by law.

Whereas, it is the desire of the Council of the Village of Chagrin Falls add new Chapter 952 of the Village of Chagrin Falls Ordinances to establish regulations for Special Events within the Village of Chagrin Falls, as more fully set forth in Exhibit “A” attached hereto and made a part hereof.

Now Therefore, Be It Ordained by the Council of the Village of Chagrin Falls, Cuyahoga County, State of Ohio:

Section 1. That Chapter 952, attached hereto as Exhibit “A”, regulating Special Events, as defined in new Chapter 952, is hereby adopted and the Codified Ordinances of the Village shall be amended to add new Chapter 952.

Section 2. The Codified Ordinances of the Village, to the extent inconsistent with the newly enacted provision herein regarding Chapter 952, attached hereto as Exhibit “A”, are hereby repealed, except to the extent that if such code sections are the subject of an enforcement action they shall be considered effective for the purposes of an enforcement for any violations that occurred prior to repeal.

Section 3. That actions of this Council concerning and relating to the passage of this legislation were adopted in lawful meetings of this Council and that all deliberations of this Council and of any of its committees that resulted in such formal action were in compliance with all legal requirements, including Chapter 114 of the Codified Ordinances of the Village of Chagrin Falls.

Section 4. That in accordance with Section 113.01 of the Codified Ordinances of the Village of Chagrin Falls, public notice of this Ordinance shall be given by posting a copy thereof for not less than fifteen (15) days on the Village website.

Section 5. That this Ordinance shall take effect and be in force after November 1, 2026.

Exhibit “A”

Chapter 952: Special Events

Sections

• 952.01   Intent
• 952.02   Definitions
• 952.03   Scope and Applicability
• 952.04   Permit Requirements
• 952.05   Proof of Insurance
• 952.06   Designated On-Site Representative
• 952.07   Detailed Event Logistics
• 952.08   Criteria Triggering a Memorandum of Understanding (MOU) and Council Track
• 952.09   Submission Deadlines
• 952.10   Approval Process
• 952.11   Conflict Management
• 952.12   Refusal, Cancellation, or Revocation
• 952.13   Weather-Dependent and Short-Duration Special Events
• 953.14   Event Operating Standards & Regulations
• 952.15   Post-Event Billing Settlement
• 952.16   Enforcement

952.01   Intent

The purpose of this chapter is to establish regulations governing Special Events conducted within the Village of Chagrin Falls that utilize Village Facilities.

952.02   Definitions

1. (A) “Village Facilities” shall mean any property owned by the Village, including but not limited to parks, cemeteries, buildings, parking lots, streets, and sidewalks in the Downtown Business District, regardless of applicable zoning provisions.

2. (B) “Village Services” shall mean any utilities, infrastructure, and municipal resources provided by the Village to support public safety, maintenance, or event operations. This includes but is not limited to electrical/water connections, Police and Fire support, Public Works assistance, and professional fees for the Law Director or Village Engineer.

3. (C) “Temporary Structure” means a portable, non-permanent installation intended for short-term use, easily movable without heavy equipment.

4. (D) “Sporting Event” means a gathering where individuals or teams engage in physical activity, games, or races governed by specific rules. “Sporting Event” does not include activities governed by existing Village contracts.

5. (E) “CAO” means the Chief Administrative Officer of the Village or their designee.

6. (F) “MOU” means Memorandum of Understanding, which is a document outlining terms and details for use by applicant of Village Facilities.

7. (G) “Special Event” means any outdoor activity or series of activities open to the public, occurring at a specific time/place, utilizing Village Facilities.

952.03   Scope and Applicability

1. (A) Applicability. This chapter applies to all Special Events utilizing Village Facilities.

2. (B) Exemptions. This chapter does not apply to:

   1. (1) Residential Block Parties, as traditional neighborhood gatherings on residential streets remain under the jurisdiction and approval authority of the Chief of Police.

   2. (2) First Amendment Activity.

   3. (3) Events organized by the Village Council or Administration.

952.04   Permit Requirements

1. (A) Permit Required. Any person or organization intending to conduct a Special Event on Village Facilities must obtain a permit.

2. (B) Application for Special Event Permit Required. A complete application includes:

   1. (1) Application fee: Non-refundable $50.00 application fee

   2. (2) Proof of Insurance (see 952.05)

   3. (3) Application Form, completed with the following information:

      1. (i) Applicant and Contact Information: Organization/Applicant name, contact name, address, phone, email, entity type;

      2. (ii) Event Overview: Event name, description, facilities requested, event dates, event hours, set up/tear down, estimated attendance;

      3. (iii) Designated On-Site Representative (see 952.06);

      4. (iv) Detailed Event Logistics (see 952.07); and

      5. (v) Criteria for Triggering MOU and Council Track (see 952.08).

952.05   Proof of Insurance

1. (A) The applicant shall provide to the Village proof of general liability insurance, in an amount not less than:

   1. (1) Per occurrence: one million dollars ($1,000,000.00) per person;

   2. (2) Per claim: two million dollars ($2,000,000.00); and

   3. (3) Property Damage per occurrence: five hundred thousand dollars ($500,000.00). Such proof of insurance may be demonstrated by way of a certificate of general liability insurance which names the Village as an additional insured and which provides thirty (30) days’ advance written notice to the Village of any cancellation, termination, or material change in insurance coverage.

952.06   Designated On-Site Representative

1. (A) Every applicant must designate at least one (1) primary and one (1) secondary on-site representative who shall be present at the Village Facility for the duration of the Special Event (including setup and teardown). A schedule of representatives may be provided for longer Special Events. The designated representative(s) must:

   1. (1) Be reachable by the Village via cellular phone at all times;

   2. (2) Have the authority to make binding decisions on behalf of the applicant; and

   3. (3) Not be under the influence of alcohol or a drug of abuse or substantially impaired by medication of any kind while serving in this capacity.

952.07   Detailed Event Logistics

The applicant must provide the following information (the CAO may request additional information as needed): (i) estimated attendance, daily and aggregate for the Special Event; (ii) whether closure of any Village street, sidewalk, or alley is requested or needed for the Special Event; (iii) Village Services, as defined in Section 952.02, requested; (iv) whether the Special Event includes any mechanical rides, vendors, or Mobile Food Units; (v) proposed security plans, first aid stations, or fire prevention measures; (vi) proposed traffic/parking plans, sanitation (portable toilets) schedules, water use, electrical use and waste removal plans; (vi) detailed site maps showing the location of tents, vendors, structures, portable toilets, water hookups, electrical needs, fire lane, fire suppression, and other Special Event elements; and (vii) confirmation that the Special Event complies with all Village ordinances or request a temporary waiver, suspension or amendment to Village Ordinances.

952.08   Criteria Triggering a Memorandum of Understanding (MOU) and Council Track

The CAO shall require an MOU for any Special Event, if the application discloses, or if the CAO reasonably determines in consultation with Department Heads, that the Special Event meets one (1) or more of the following criteria:

1. (A) The Special Event is reasonably anticipated to attract more than 500 total attendees at any single time;

2. (B) The Special Event is more than one (1) consecutive calendar day or operates outside the standard hours set forth in Section 952.14;

3. (C) The Special Event requires the closure, blockading, or significant traffic detour of any primary street, major intersection, or collector street within the Village;

4. (D) The estimated cost to the Village to provide Village Services to support the Special Event is projected to exceed $500.00 in the aggregate; or

5. (E) The Special Event requires a temporary waiver, suspension, or amendment of any existing Village Ordinance, including but not limited to open container/alcohol restrictions or noise limits outside authorized hours.

952.09   Submission Deadlines

A completed application, including all fees and supporting materials, shall be submitted to the CAO according to the following schedule:

1. (A) Applications shall not be accepted more than one (1) year (365 days) prior to the proposed Special Event date.

2. (B) For Special Events that do not require an MOU, the applicant must submit the application at least thirty (30) days before the Special Event date; provided however, that the CAO may waive the 30-day requirement if the CAO determines the Special Event requires no Village Services and creates minimal impact.

3. (C) For Special Events requiring an MOU, the applicant must submit the application at least one hundred twenty (120) days before the Special Event date and the MOU must be presented to Council at least sixty (60) days prior to the Special Event date.

952.10   Approval Process

1. (A) CAO Approval Track. For Special Events not requiring an MOU, the CAO shall approve or deny the application based on the criteria in Section 952.12. The CAO shall issue a written decision to the applicant within fourteen (14) days of receiving a completed application.

2. (B) MOU/Council Approval Track. If the CAO determines an MOU is required, the following process applies:

   1. (1) The CAO, in consultation with the Law Director and relevant department heads, shall negotiate and draft the MOU with the applicant.

   2. (2) The CAO shall then submit the completed application and the proposed MOU to Village Council with a recommendation for approval or denial.

   3. (3) The CAO shall then submit the proposed MOU to Village Council no less than sixty (60) days prior to the Special Event date. Village Council may waive this requirement only upon a showing of extraordinary circumstances and by an affirmative vote of three-fourths (¾) of the members of Council.

   4. (4) After the steps in subsections 1 – 3 are completed, Village Council shall approve or deny the MOU and the associated permit by ordinance.

3. (C) Permit Issuance. The Village shall issue the permit for the Special Event after the applicant:

   1. (1) Pays all applicable fees;

   2. (2) Provides the required Certificate of Insurance;

   3. (3) Signs the final permit or MOU (as applicable).

4. (D) Notification of Council. The CAO shall provide a monthly report to Village Council and the Parks Commission listing all approved permits and in-process MOUs.

952.11   Conflict Management

1. (A) The CAO shall resolve scheduling conflicts for Village Facilities using the following order of precedence:

   1. (1) Events organized by the Village take first priority.

   2. (2) The CAO may grant priority to recurring annual Special Events that have utilized the same Village Facility at substantially the same time for at least three (3) consecutive years.

   3. (3) If no priority exists under subsections 1 or 2, the CAO shall grant the permit to the applicant who is first-in-time in submitting a completed application. The Village does not recognize “placeholder” requests or verbal “save-the-dates”. Only a completed application establishes “first-in-time” status. If a conflict arises between two “first-in-time” applicants, the CAO shall attempt to resolve the conflict, which attempt may include but is not limited to the following: (i) offering an alternative date or Village Facility; or (ii) relocating one Special Event to a different area of the same Village Facility, provided both Special Events can occur safely and without interference.

2. (B) The CAO’s decision regarding scheduling for the CAO Approval Track is final. If a conflict involves an event on the MOU/Council Approval Track, Village Council shall resolve the conflict as part of the MOU review process.

952.12   Refusal, Cancellation, or Revocation

1. (A) Grounds for Refusal or Cancellation. The CAO may deny an application or cancel an issued permit if, in the CAO’s professional judgment, any of the following apply:

   1. (1) The Special Event would unreasonably interfere with public convenience or the safe, intended use of Village Facilities, streets, or highways;

   2. (2) The Special Event requires a diversion of Village Services to such an extent that it jeopardizes the Village’s ability to provide standard municipal protection and services;

   3. (3) The Special Event would obstruct the movement of emergency vehicles or medical services;

   4. (4) The Special Event conflicts with a previously authorized Special Event already granted priority under Section 952.11;

   5. (5) The application contains material information that is false, misleading, or incomplete; or

   6. (6) The applicant and/or the organization has a documented history of failing to comply with Village ordinances, permit conditions, or prompt payment of municipal fees.

2. (B) Immediate Revocation During Event. The CAO, or in the CAO’s absence, the ranking Police Officer on duty, may immediately revoke a permit during a Special Event for any of the following:

   1. (1) The Special Event footprint expands beyond the area designated in the permit or MOU;

   2. (2) Circumstances arise that create a substantial and immediate risk of injury to persons or damage to property;

   3. (3) Widespread disorderly conduct or criminal activity occurs within the Special Event footprint that the organizer fails to or is unable to mitigate;

   4. (4) The permit holder fails to comply with any specific condition established in the permit or MOU; or

   5. (5) The designated on-site representative is not present, is unreachable, or is determined by the CAO or a Law Enforcement Officer to be under the influence of alcohol or a drug of abuse or substantially impaired by medication of any kind.

3. (C) Notice and Emergency Dispersal.

   1. (1) Nothing in this section shall be construed to prevent the CAO or a Law Enforcement Officer from taking immediate action to mitigate an imminent threat to life or property, including the suspension of Special Event activities or the clearing of a Village Facility, prior to formal notice being provided to the permit holder.

   2. (2) Concurrent with or as soon as practicable following any emergency action, the Village shall make a reasonable effort to provide formal notice of revocation to the permit holder or the designated on-site representative.

   3. (3) The Village may announce the revocation and orders to disperse via public address systems, police sirens, or any other manner reasonably calculated to ensure public safety and an orderly dispersal.

952.13   Weather-Dependent and Short-Duration Special Events

For minimal-impact Special Events that do not require an MOU and last less than two (2) hours, the CAO may approve a “utilization window” of up to fourteen (14) days and the applicant must notify the CAO and relevant department heads of the specific date and time they intend to utilize the Village Facility at least thirty-six (36) hours in advance; provided however, a rescheduled weather-dependent Special Event shall not take precedence over any previously authorized Special Event or scheduled Village maintenance.

952.14   Event Operating Standards & Regulations

All Special Events shall comply with the following standards and any deviation from these standards must be explicitly authorized by Council within an MOU:

1. (A) Timing and Site Restoration

   1. (1) Hours of Operation: Special Event hours shall comply with Chapter 951.01.

   2. (2) Set-up and Clean-up: Special Event set-up shall not commence prior to 6:00 a.m. and all tear-down and debris removal must be completed within two (2) hours of the Special Event’s conclusion, unless otherwise approved by the CAO.

   3. (3) Site Condition: The permit holder shall restore the Village Facility or reimburse the Village for its costs incurred to restore the Village Facility to its original condition as determined by the CAO. Failure to remove equipment or waste may result in the Village performing the work at the permit holder’s expense.

2. (B) Infrastructure and Safety

   1. (1) Fire Code Compliance: The permit holder, all vendors, and all event participants shall comply with all applicable provisions of the Ohio Fire Code and all local fire safety directives issued by the Fire Marshal. The Fire Marshal shall have the right to inspect the event footprint, temporary structures, and Mobile Food Units at any time before or during the Special Event. Failure to immediately remedy any hazard or violation identified during an inspection shall constitute a material violation of this Chapter and shall be grounds for immediate permit revocation.

   2. (2) Tents and Structures: All temporary structures must be fire-rated and securely anchored. Staking into Village asphalt or concrete is strictly prohibited; weighted anchors (e.g., sandbags) must be used. Staking in parks must be approved in advance by the CAO. Structures may not block sidewalks, ADA access, playgrounds, or emergency routes. Tents may be subject to Ohio Building Code and Fire Code Regulations and permitting.

   3. (3) Amusement Devices: Inflatables and mechanical rides require proof of specialized liability insurance, must pass state inspections and be supervised by trained personnel.

3. (C) Health and Sanitation

   1. (1) Restrooms: Portable toilets and handwashing stations are mandatory for Special Events exceeding six (6) hours in duration, not including Special Events that are passive in nature. Placement must be away from food service areas and shown on submitted site maps.

   2. (2) Garbage: Receptacles for trash may be required by the CAO as a condition of the permit.

   3. (3) Food Service: Vendors must comply with Village and County Health Department regulations. Disposal of grease, charcoal, or graywater into Village storm drains is strictly prohibited.

4. (D) General Conduct and Restrictions

   1. (1) Cemetery Use: Use of Village cemeteries is limited strictly to honoring or memorializing individuals interred therein.

   2. (2) Entrance Fees: Entrance fees for access to Village Facilities are prohibited. Fees may be charged for access to Special Event features, i.e., rides, carnival games, etc.

   3. (3) Noise: Amplified sound is permitted only between 10:00 a.m. and 10:00 p.m. and must comply with Village Noise Ordinances.

   4. (4) Trees and Vegetation: Nothing may be attached or affixed to Village trees and/or vegetation. Trees or vegetation may not be trimmed or cut to accommodate Special Event features.

   5. (5) No materials shall be affixed to any light pole, bench, playground, fence or other Village property without prior authorization from the CAO or Village Council.

   6. (6) Vehicles: Vehicles shall not be driven or parked on grass or walking paths without approval from the CAO or their designee.

952.15   Post-Event Billing and Settlement

1. (A) Costs for Village Services. Any costs incurred by the Village for requested or required Village Services for a Special Event may be charged to the permit holder.

2. (B) Issuance of Invoice. The Village shall make a good-faith effort to issue an invoice for all costs incurred by the Village for requested or required Village Services to the permit holder within thirty (30) days of the conclusion of the Special Event.

3. (C) Payment Terms. All invoices are due and payable within thirty (30) days of issuance.

4. (D) Effect of Non-Payment.

   1. (1) Interest: Late payments may be subject to interest at the maximum rate allowed by law.

   2. (2) Future Eligibility: Any outstanding balance owed to the Village may result in the denial of any future Special Event applications by the same applicant or organization until the debt is cleared in full.

952.16   Enforcement

In addition to the Village’s remedies at law, including but not limited to civil injunctive relief to stop a violation in progress, or from pursuing a separate civil action to recover costs, damages, or to enforce the terms of an MOU, upon any violation of this Chapter, the Village Council may cancel such Special Event and/or prohibit any applications for a Special Event permit submitted by the same applicant or on behalf of the same organization deemed in violation.

Whereas, it is the desire of the Council of the Village of Chagrin Falls add new Chapter 952 of the Village of Chagrin Falls Ordinances to establish regulations for Special Events within the Village of Chagrin Falls, as more fully set forth in Exhibit “A” attached hereto and made a part hereof.

Now Therefore, Be It Ordained by the Council of the Village of Chagrin Falls, Cuyahoga County, State of Ohio:

Section 1. That Chapter 952, attached hereto as Exhibit “A”, regulating Special Events, as defined in new Chapter 952, is hereby adopted and the Codified Ordinances of the Village shall be amended to add new Chapter 952.

Section 2. The Codified Ordinances of the Village, to the extent inconsistent with the newly enacted provision herein regarding Chapter 952, attached hereto as Exhibit “A”, are hereby repealed, except to the extent that if such code sections are the subject of an enforcement action they shall be considered effective for the purposes of an enforcement for any violations that occurred prior to repeal.

Section 3. That actions of this Council concerning and relating to the passage of this legislation were adopted in lawful meetings of this Council and that all deliberations of this Council and of any of its committees that resulted in such formal action were in compliance with all legal requirements, including Chapter 114 of the Codified Ordinances of the Village of Chagrin Falls.

Section 4. That in accordance with Section 113.01 of the Codified Ordinances of the Village of Chagrin Falls, public notice of this Ordinance shall be given by posting a copy thereof for not less than fifteen (15) days on the Village website.

Section 5. That this Ordinance shall take effect and be in force after the earliest period allowed by law.

Exhibit “A”

Chapter 952: Special Events

Sections

• 952.01   Intent
• 952.02   Definitions
• 952.03   Scope and Applicability
• 952.04   Permit Requirements
• 952.05   Proof of Insurance
• 952.06   Designated On-Site Representative
• 952.07   Detailed Event Logistics
• 952.08   Criteria Triggering a Memorandum of Understanding (MOU) and Council Track
• 952.09   Submission Deadlines
• 952.10   Approval Process
• 952.11   Conflict Management
• 952.12   Refusal, Cancellation, or Revocation
• 952.13   Weather-Dependent and Short-Duration Special Events
• 953.14   Event Operating Standards & Regulations
• 952.15   Post-Event Billing Settlement
• 952.16   Penalty

952.01   Intent

The purpose of this chapter is to establish regulations governing Special Events conducted within the Village of Chagrin Falls that utilize Village Facilities.

952.02   Definitions

1. (A) “Village Facilities” shall mean any property owned by the Village, including but not limited to parks, cemeteries, buildings, parking lots, streets, and sidewalks in the Downtown Business District, regardless of applicable zoning provisions.

2. (B) “Village Services” shall mean any utilities, infrastructure, and municipal resources provided by the Village to support public safety, maintenance, or event operations. This includes but is not limited to electrical/water connections, Police and Fire support, Public Works assistance, and professional fees for the Law Director or Village Engineer.

3. (C) “Temporary Structure” means a portable, non-permanent installation intended for short-term use, easily movable without heavy equipment.

4. (D) “Sporting Event” means a gathering where individuals or teams engage in physical activity, games, or races governed by specific rules. “Sporting Event” does not include activities governed by existing Village contracts.

5. (E) “CAO” means the Chief Administrative Officer of the Village or their designee.

6. (F) “MOU” means Memorandum of Understanding, which is a document outlining terms and details for use by applicant of Village Facilities.

7. (G) “Special Event” means any outdoor activity or series of activities open to the public, occurring at a specific time/place, utilizing Village Facilities.

8. (H) “Circus” means a company of performers presenting a diverse entertainment show that may include clowns, acrobats, musicians, dancers, and undomesticated animals (trained or untrained), conducted outdoors or in a tent.

9. (I) “Parade” means any organized march, procession, run, race, walk, or pageant of persons, animals, or vehicles operating upon any public street, sidewalk, or alley within the Village that does not comply with normal traffic regulations or control devices.

952.03   Scope and Applicability

1. (A) Applicability. This chapter applies to all Special Events utilizing Village Facilities.

2. (B) Exemptions. This chapter does not apply to:

   1. (1) Residential Block Parties, as traditional neighborhood gatherings on residential streets remain under the jurisdiction and approval authority of the Chief of Police.

   2. (2) First Amendment Activity.

   3. (3) Events organized by the Village Council or Administration.

952.04   Permit Requirements

1. (A) Permit Required. Any person or organization intending to conduct a Special Event on Village Facilities must obtain a permit.

2. (B) Application for Special Event Permit Required. A complete application includes:

   1. (1) Application fee: Non-refundable $50.00 application fee

   2. (2) Proof of Insurance (see 952.05)

   3. (3) Application Form, completed with the following information:

      1. (i) Applicant and Contact Information: Organization/Applicant name, contact name, address, phone, email, entity type;

      2. (ii) Event Overview: Event name, description, facilities requested, event dates, event hours, set up/tear down, estimated attendance;

      3. (iii) Designated On-Site Representative (see 952.06);

      4. (iv) Detailed Event Logistics (see 952.07); and

      5. (v) Criteria for Triggering MOU and Council Track (see 952.08).

952.05   Proof of Insurance

1. (A) The applicant shall provide to the Village proof of general liability insurance, in an amount not less than:

   1. (1) Per occurrence: one million dollars ($1,000,000.00) per person;

   2. (2) Per claim: two million dollars ($2,000,000.00); and

   3. (3) Property Damage per occurrence: five hundred thousand dollars ($500,000.00). Such proof of insurance may be demonstrated by way of a certificate of general liability insurance which names the Village as an additional insured and which provides thirty (30) days’ advance written notice to the Village of any cancellation, termination, or material change in insurance coverage.

952.06   Designated On-Site Representative

1. (A) Every applicant must designate at least one (1) primary and one (1) secondary on-site representative who shall be present at the Village Facility for the duration of the Special Event (including setup and teardown). A schedule of representatives may be provided for longer Special Events. The designated representative(s) must:

   1. (1) Be reachable by the Village via cellular phone at all times;

   2. (2) Have the authority to make binding decisions on behalf of the applicant; and

   3. (3) Not be under the influence of alcohol or a drug of abuse or substantially impaired by medication of any kind while serving in this capacity.

952.07   Detailed Event Logistics

The applicant must provide the following information (the CAO may request additional information as needed): (i) estimated attendance, daily and aggregate for the Special Event; (ii) whether closure of any Village street, sidewalk, or alley is requested or needed for the Special Event; (iii) Village Services, as defined in Section 952.02, requested; (iv) whether the Special Event includes any mechanical rides, vendors, or Mobile Food Units; (v) proposed security plans, first aid stations, or fire prevention measures; (vi) proposed traffic/parking plans, sanitation (portable toilets) schedules, water use, electrical use and waste removal plans; (vi) detailed site maps showing the location of tents, vendors, structures, portable toilets, water hookups, electrical needs, fire lane, fire suppression, and other Special Event elements; and (vii) confirmation that the Special Event complies with all Village ordinances or request a temporary waiver, suspension or amendment to Village Ordinances.

952.08   Criteria Triggering a Memorandum of Understanding (MOU) and Council Track

The CAO shall require an MOU for any Special Event, if the application discloses, or if the CAO reasonably determines in consultation with Department Heads, that the Special Event meets one (1) or more of the following criteria:

1. (A) The Special Event is reasonably anticipated to attract more than 500 total attendees at any single time;

2. (B) The Special Event is more than one (1) consecutive calendar day or operates outside the standard hours set forth in Section 952.14;

3. (C) The Special Event requires the closure, blockading, or significant traffic detour of any primary street, major intersection, or collector street within the Village;

4. (D) The estimated cost to the Village to provide Village Services to support the Special Event is projected to exceed $500.00 in the aggregate; or

5. (E) The Special Event requires a temporary waiver, suspension, or amendment of any existing Village Ordinance, including but not limited to open container/alcohol restrictions or noise limits outside authorized hours.

952.09   Submission Deadlines

A completed application, including all fees and supporting materials, shall be submitted to the CAO according to the following schedule:

1. (A) Applications shall not be accepted more than one (1) year (365 days) prior to the proposed Special Event date.

2. (B) For Special Events that do not require an MOU, the applicant must submit the application at least thirty (30) days before the Special Event date; provided however, that the CAO may waive the 30-day requirement if the CAO determines the Special Event requires no Village Services and creates minimal impact.

3. (C) For Special Events requiring an MOU, the applicant must submit the application at least one hundred twenty (120) days before the Special Event date and the MOU must be presented to Council at least sixty (60) days prior to the Special Event date.

952.10   Approval Process

1. (A) CAO Approval Track. For Special Events not requiring an MOU, the CAO shall approve or deny the application based on the criteria in Section 952.12. The CAO shall issue a written decision to the applicant within fourteen (14) days of receiving a completed application.

2. (B) MOU/Council Approval Track. If the CAO determines an MOU is required, the following process applies:

   1. (1) The CAO, in consultation with the Law Director and relevant department heads, shall negotiate and draft the MOU with the applicant.

   2. (2) The CAO shall then submit the completed application and the proposed MOU to Village Council with a recommendation for approval or denial.

   3. (3) The CAO shall then submit the proposed MOU to Village Council no less than sixty (60) days prior to the Special Event date. Village Council may waive this requirement only upon a showing of extraordinary circumstances and by an affirmative vote of three-fourths (¾) of the members of Council.

   4. (4) After the steps in subsections 1 – 3 are completed, Village Council shall approve or deny the MOU and the associated permit by ordinance.

3. (C) Permit Issuance. The Village shall issue the permit for the Special Event after the applicant:

   1. (1) Pays all applicable fees;

   2. (2) Provides the required Certificate of Insurance;

   3. (3) Signs the final permit or MOU (as applicable).

4. (D) Notification of Council. The CAO shall provide a monthly report to Village Council and the Parks Commission listing all approved permits and in-process MOUs.

952.11   Conflict Management

1. (A) The CAO shall resolve scheduling conflicts for Village Facilities using the following order of precedence:

   1. (1) Events organized by the Village take first priority.

   2. (2) The CAO may grant priority to recurring annual Special Events that have utilized the same Village Facility at substantially the same time for at least three (3) consecutive years.

   3. (3) If no priority exists under subsections 1 or 2, the CAO shall grant the permit to the applicant who is first-in-time in submitting a completed application. The Village does not recognize “placeholder” requests or verbal “save-the-dates”. Only a completed application establishes “first-in-time” status. If a conflict arises between two “first-in-time” applicants, the CAO shall attempt to resolve the conflict, which attempt may include but is not limited to the following: (i) offering an alternative date or Village Facility; or (ii) relocating one Special Event to a different area of the same Village Facility, provided both Special Events can occur safely and without interference.

2. (B) The CAO’s decision regarding scheduling for the CAO Approval Track is final. If a conflict involves an event on the MOU/Council Approval Track, Village Council shall resolve the conflict as part of the MOU review process.

952.12   Refusal, Cancellation, or Revocation

1. (A) Grounds for Refusal or Cancellation. The CAO may deny an application or cancel an issued permit if, in the CAO’s professional judgment, any of the following apply:

   1. (1) The Special Event would unreasonably interfere with public convenience or the safe, intended use of Village Facilities, streets, or highways;

   2. (2) The Special Event requires a diversion of Village Services to such an extent that it jeopardizes the Village’s ability to provide standard municipal protection and services;

   3. (3) The Special Event would obstruct the movement of emergency vehicles or medical services;

   4. (4) The Special Event conflicts with a previously authorized Special Event already granted priority under Section 952.11;

   5. (5) The application contains material information that is false, misleading, or incomplete; or

   6. (6) The applicant has a documented history of failing to comply with Village ordinances, permit conditions, or prompt payment of municipal fees.

2. (B) Immediate Revocation During Event. The CAO, or in the CAO’s absence, the ranking Police Officer on duty, may immediately revoke a permit during a Special Event for any of the following:

   1. (1) The Special Event footprint expands beyond the area designated in the permit or MOU;

   2. (2) Circumstances arise that create a substantial and immediate risk of injury to persons or damage to property;

   3. (3) Widespread disorderly conduct or criminal activity occurs within the Special Event footprint that the organizer fails to or is unable to mitigate;

   4. (4) The permit holder fails to comply with any specific condition established in the permit or MOU; or

   5. (5) The designated on-site representative is not present, is unreachable, or is determined by the CAO or a Law Enforcement Officer to be under the influence of alcohol or a drug of abuse or substantially impaired by medication of any kind.

3. (C) Notice and Emergency Dispersal.

   1. (1) Nothing in this section shall be construed to prevent the CAO or a Law Enforcement Officer from taking immediate action to mitigate an imminent threat to life or property, including the suspension of Special Event activities or the clearing of a Village Facility, prior to formal notice being provided to the permit holder.

   2. (2) Concurrent with or as soon as practicable following any emergency action, the Village shall make a reasonable effort to provide formal notice of revocation to the permit holder or the designated on-site representative.

   3. (3) The Village may announce the revocation and orders to disperse via public address systems, police sirens, or any other manner reasonably calculated to ensure public safety and an orderly dispersal.

952.13   Weather-Dependent and Short-Duration Special Events

For minimal-impact Special Events that do not require an MOU and last less than two (2) hours, the CAO may approve a “utilization window” of up to fourteen (14) days and the applicant must notify the CAO and relevant department heads of the specific date and time they intend to utilize the Village Facility at least thirty-six (36) hours in advance; provided however, a rescheduled weather-dependent Special Event shall not take precedence over any previously authorized Special Event or scheduled Village maintenance.

952.14   Event Operating Standards & Regulations

All Special Events shall comply with the following standards and any deviation from these standards must be explicitly authorized by Council within an MOU:

1. (A) Timing and Site Restoration

   1. (1) Hours of Operation: Special Event hours shall comply with Chapter 951.01.

   2. (2) Set-up and Clean-up: Special Event set-up shall not commence prior to 6:00 a.m. and all tear-down and debris removal must be completed within two (2) hours of the Special Event’s conclusion, unless otherwise approved by the CAO.

   3. (3) Site Condition: The permit holder shall restore the Village Facility or reimburse the Village for its costs incurred to restore the Village Facility to its original condition as determined by the CAO. Failure to remove equipment or waste may result in the Village performing the work at the permit holder’s expense.

2. (B) Infrastructure and Safety

   1. (1) Fire Code Compliance: The permit holder, all vendors, and all event participants shall comply with all applicable provisions of the Ohio Fire Code and all local fire safety directives issued by the Fire Marshal. The Fire Marshal shall have the right to inspect the event footprint, temporary structures, and Mobile Food Units at any time before or during the Special Event. Failure to immediately remedy any hazard or violation identified during an inspection shall constitute a material violation of this Chapter and shall be grounds for immediate permit revocation.

   2. (2) Tents and Structures: All temporary structures must be fire-rated and securely anchored. Staking into Village asphalt or concrete is strictly prohibited; weighted anchors (e.g., sandbags) must be used. Staking in parks must be approved in advance by the CAO. Structures may not block sidewalks, ADA access, playgrounds, or emergency routes. Tents may be subject to Ohio Building Code and Fire Code Regulations and permitting.

   3. (3) Amusement Devices: Inflatables and mechanical rides require proof of specialized liability insurance, must pass state inspections and be supervised by trained personnel.

3. (C) Health and Sanitation

   1. (1) Restrooms: Portable toilets and handwashing stations are mandatory for Special Events exceeding six (6) hours in duration, not including Special Events that are passive in nature. Placement must be away from food service areas and shown on submitted site maps.

   2. (2) Garbage: Receptacles for trash may be required by the CAO as a condition of the permit.

   3. (3) Food Service: Vendors must comply with Village and County Health Department regulations. Disposal of grease, charcoal, or graywater into Village storm drains is strictly prohibited.

4. (D) General Conduct and Restrictions

   1. (1) Cemetery Use: Use of Village cemeteries is limited strictly to honoring or memorializing individuals interred therein.

   2. (2) Entrance Fees: Entrance fees for access to Village Facilities are prohibited. Fees may be charged for access to Special Event features, i.e., rides, carnival games, etc.

   3. (3) Noise: Amplified sound is permitted only between 10:00 a.m. and 10:00 p.m. and must comply with Village Noise Ordinances.

   4. (4) Trees and Vegetation: Nothing may be attached or affixed to Village trees and/or vegetation. Trees or vegetation may not be trimmed or cut to accommodate Special Event features.

   5. (5) No materials shall be affixed to any light pole, bench, playground, fence or other Village property without prior authorization from the CAO or Village Council.

   6. (6) Vehicles: Vehicles shall not be driven or parked on grass or walking paths without approval from the CAO or their designee.

952.15   Post-Event Billing and Settlement

1. (A) Costs for Village Services. Any costs incurred by the Village for requested or required Village Services for a Special Event may be charged to the permit holder.

2. (B) Issuance of Invoice. The Village shall make a good-faith effort to issue an invoice for all costs incurred by the Village for requested or required Village Services to the permit holder within thirty (30) days of the conclusion of the Special Event.

3. (C) Payment Terms. All invoices are due and payable within thirty (30) days of issuance.

4. (D) Effect of Non-Payment.

   1. (1) Interest: Late payments may be subject to interest at the maximum rate allowed by law.

   2. (2) Future Eligibility: Any outstanding balance owed to the Village may result in the denial of any future Special Event applications by the same applicant or organization until the debt is cleared in full.

952.16   Penalty

1. (A) General Violation. Whoever violates any provision of this Chapter 952, or fails to comply with any condition of a permit for a Special Event issued hereunder, is guilty of a Minor Misdemeanor.

2. (B) Continuing Violations. A separate offense shall be deemed committed for each day during or on which a violation occurs or continues.

3. (C) Other Remedies and Injunction. The imposition of a criminal penalty does not preclude the Village from seeking other remedies, including but not limited to civil injunctive relief to stop a violation in progress, or from pursuing a separate civil action to recover costs, damages, or to enforce the terms of an MOU.

Whereas, by Ordinance No. 2025-25, Council amended Subsections 917.04(a), (b) & (h) of the Codified Ordinances of the Village of Chagrin Falls, increasing the sanitary sewer charges as a result of increased costs for eliminating ground water infiltration, necessary capital improvements and underground line replacement that is required and due to increased costs in the operation of the Village’s Waste Water Treatment Plant, which charges, respectively, were effective July 1, 2025, January 1, 2026 and to be effective January 1, 2027, January 1, 2028, and January 1, 2029;

Whereas, after discovering an error in the calculation of the sanitary sewer charges for the effective dates, it is necessary to amend certain portions of Codified Ordinances Section 917.04(a), (b) and (h) to reflect the correctly calculated, amended sanitary sewer charges from the date following the day that this Ordinance is adopted.

Now Therefore, Be It Ordained by the Council of the Village of Chagrin Falls, Cuyahoga County, State of Ohio:

Section 1. That existing Subsections (a), (b) and (h) of Section 917.04 of the Codified Ordinances of the Village of Chagrin Falls regarding sanitary sewer charges be and are hereby amended to read and provide, in their entirety, as follows:

1. (a) The charge to be made shall be computed on the basis of the quantity of water consumed upon the lot, parcel of land or premises, or connection as measured by the municipal water meter in use, or other meter installed or approved by the Superintendent of Services during the applicable sewer charge billing period. Such charge shall be billed quarterly as to each such lot, parcel of land or premises, at a rate equal to the number identified in the chart below per hundred cubic feet of water, which shall be levied against such lot, parcel of land or premises, building or connection for the use of water service of the Municipality, or a minimum sewer charge of six times the stated rate, below, per one hundred cubic feet of water, whichever is greater:

   Effective Rate Change Date	Rate – Min. Charge
   07/01/25	$10.19/100 cf - $61.14
   01/01/26	$10.70/100 cf - $64.20
   01/01/27	$11.24/100 cf - $67.44
   01/01/28	$11.80/100 cf - $70.80
   01/01/29	$12.39/100 cf - $74.34

After the year 2029, the rates established for 2029 shall remain in effect until modified by Council.

1. (b) Premises located outside the corporate limits of the Municipality which are served by the system shall be charged at the rate contained in the chart below, per hundred cubic feet of water, which shall be levied against such lot, parcel of land or premises, building or connection for the use of the water service of the Municipality, or a minimum sewer charge of six (6) times the rate per hundred cubic feet of water, whichever is greater.

   Effective Rate Change Date	Rate – Min. Charge
   07/01/25	$12.74/100 cf - $76.43
   01/01/26	$13.38/100 cf - $80.25
   02/10/26	$13.38/100 cf - $80.28
   01/01/27	$14.05/100 cf - $84.30
   01/01/28	$14.75/100 cf - $88.50
   01/01/29	$15.49/100 cf - $92.94

After the year 2029, the rates established for 2029 shall remain in effect until modified by Council.

1. (h) In the event any premises are located outside the corporate limits of the Municipality and are served by the system but are unmetered for any reason whatsoever, such land or premises shall be charged an additional twenty-five percent (25%) of the rates set forth in subsection (a) at a rate equal to the amount stated in the chart below, which shall be charged and billed quarterly to each such lot, parcel of land or premises. This charge is based on a 3200 cubic feet of consumption.

   Effective Rate Change Date	Flat Rate
   07/01/25	$407.60
   01/01/26	$428.00
   02/10/26	$428.16
   01/01/27	$449.60
   01/01/28	$472.00
   01/01/29	$495.68

After the year 2029, the rates established for 2029 shall remain in effect until modified by Council.

Section 2. The existing Subsections 917.04 (a), (b) and (h) of the Codified Ordinances, the full text of which follows is hereby repealed.

1. (a) The charge to be made shall be computed on the basis of the quantity of water consumed upon the lot, parcel of land or premises, or connection as measured by the municipal water meter in use, or other meter installed or approved by the Superintendent of Services during the applicable sewer charge billing period. Such charge shall be billed quarterly as to each such lot, parcel of land or premises, at a rate equal to the number identified in the chart below per hundred cubic feet of water, which shall be levied against such lot, parcel of land or premises, building or connection for the use of water service of the Municipality, or a minimum sewer charge of six times the stated rate, below, per one hundred cubic feet of water, whichever is greater:

   Effective Rate Change Date	Rate – Min. Charge
   07/01/25	$10.19/100 cf - $61.14
   01/01/26	$10.70/100 cf - $64.20
   01/01/27	$11.24/100 cf - $67.44
   01/01/28	$11.80/100 cf - $70.80
   01/01/29	$12.39/100 cf - $74.34

After the year 2029, the rates established for 2029 shall remain in effect until modified by Council.

1. (b) Premises located outside the corporate limits of the Municipality which are served by the system shall be charged at the rate contained in the chart below, per hundred cubic feet of water, which shall be levied against such lot, parcel of land or premises, building or connection for the use of the water service of the Municipality, or a minimum sewer charge of six (6) times the rate per hundred cubic feet of water, whichever is greater.

   Effective Rate Change Date	Rate – Min. Charge
   07/01/25	$12.74/100 cf - $76.43
   01/01/26	$13.38/100 cf - $80.25
   01/01/27	$14.05/100 cf - $84.30
   01/01/28	$14.75/100 cf - $88.50
   01/01/29	$15.49/100 cf - $92.93

After the year 2029, the rates established for 2029 shall remain in effect until modified by Council.

1. (h) In the event any premises are located outside the corporate limits of the Municipality and are served by the system but are unmetered for any reason whatsoever, such land or premises shall be charged at a rate equal to the amount stated in the chart below, which shall be charged and billed quarterly to each such lot, parcel of land or premises.

   Effective Rate Change Date	Flat Rate
   07/01/25	$407.60
   01/01/26	$428.00
   01/01/27	$449.60
   01/01/28	$472.00
   01/01/29	$495.60

After the year 2029, the rates established for 2029 shall remain in effect until modified by Council.

Section 3. As amended, Subsections 917.04(a), (b) and (h) with strikeouts for deletions and underlining for additions, read in their entirety as follows:

1. (a) The charge to be made shall be computed on the basis of the quantity of water consumed upon the lot, parcel of land or premises, or connection as measured by the municipal water meter in use, or other meter installed or approved by the Superintendent of Services during the applicable sewer charge billing period. Such charge shall be billed quarterly as to each such lot, parcel of land or premises, at a rate equal to the number identified in the chart below per hundred cubic feet of water, which shall be levied against such lot, parcel of land or premises, building or connection for the use of water service of the Municipality, or a minimum sewer charge of six times the stated rate, below, per one hundred cubic feet of water, whichever is greater:

   Effective Rate Change Date	Rate – Min. Charge
   07/01/25	$10.19/100 cf - $61.14
   01/01/26	$10.70/100 cf - $64.20
   01/01/27	$11.24/100 cf - $64.44
   01/01/28	$11.80/100 cf - $70.80
   01/01/29	$12.39/100 cf - $74.34

After the year 2029, the rates established for 2029 shall remain in effect until modified by Council.

1. (b) Premises located outside the corporate limits of the Municipality which are served by the system shall be charged at the rate contained in the chart below, per hundred cubic feet of water, which shall be levied against such lot, parcel of land or premises, building or connection for the use of the water service of the Municipality, or a minimum sewer charge of six (6) times the rate per hundred cubic feet of water, whichever is greater.

   Effective Rate Change Date	Rate – Min. Charge
   07/01/25	$12.74/100 cf - $76.43
   01/01/26	$13.38/100 cf - $80.25
   02/10/26	$13.38/100 cf - $80.28
   01/01/27	$14.05/100 cf - $84.30
   01/01/28	$14.75/100 cf - $88.50
   01/01/29	$15.49/100 cf - $92.93 $92.94

1. (h) In the event any premises are located outside the corporate limits of the Municipality and are served by the system but are unmetered for any reason whatsoever, such land or premises shall be charged an additional twenty-five percent (25%) of the rates set forth in subsection (a) at a rate equal to the amount stated in the chart below, which shall be charged and billed quarterly to each such lot, parcel of land or premises. This charge is based on a 3200 cubic feet of consumption.

   Effective Rate Change Date	Flat Rate
   07/01/25	$407.60
   01/01/26	$428.00
   02/10/26	$428.16
   01/01/27	$449.60
   01/01/28	$472.00
   01/01/29	$495.68

After the year 2029, the rates established for 2029 shall remain in effect until modified by Council.

Section 4. The correctly calculated, amended increased rates shall be effective February 10, 2026 and will be reflected on a pro rata basis in the first billing cycle after January 13, 2026. Any amounts for sewer unpaid from July 1, 2025 through February 9, 2026 shall be governed by Ordinance No. 2025-25.

Section 5. That actions of this Council concerning and relating to the passage of this legislation were adopted in lawful meetings of this Council and that all deliberations of this Council and of any of its committees that resulted in such formal action were in compliance with all legal requirements, including Chapter 114 of the Codified Ordinances of the Village of Chagrin Falls.

Section 6. That in accordance with Section 113.01 of the Codified Ordinances of the Village of Chagrin Falls, public notice of this Ordinance shall be given by posting a copy thereof for not less than fifteen (15) days on the Village Website.

Section 7. This Ordinance is hereby declared to be an emergency measure immediately necessary for the preservation of the public peace, health and safety of the inhabitants of the Village and for the further reason that it is necessary to have these correctly calculated, amended rates go into effect as soon as possible to insure the fiscal integrity of the Village’s Waste Water Treatment Plant and to provide uninterrupted service to the residents of the Village, wherefore provided it receives the affirmative vote of at least two-thirds (⅔) of all members elected to Council, this Ordinance shall be in full force and effect from and immediately upon its passage and approval by the Mayor, otherwise it shall take effect and be in force after the earliest period allowed by law.

Whereas, by Ordinance No. 2025-25, Council amended Subsections 917.04(a), (b) & (h) of the Codified Ordinances of the Village of Chagrin Falls, increasing the sanitary sewer charges as a result of increased costs for eliminating ground water infiltration, necessary capital improvements and underground line replacement that is required and due to increased costs in the operation of the Village’s Waste Water Treatment Plant, which charges, respectively, were effective July 1, 2025, January 1, 2026 and to be effective January 1, 2027, January 1, 2028, and January 1, 2029;

Whereas, after discovering an error in the calculation of the sanitary sewer charges for the effective dates, it is necessary to amend certain portions of Codified Ordinances Section 917.04(a), (b) and (h) to reflect the correctly calculated, amended sanitary sewer charges from the date following the day that this Ordinance is adopted.

Now Therefore, Be It Ordained by the Council of the Village of Chagrin Falls, Cuyahoga County, State of Ohio:

Section 1. That existing Subsections (a), (b) and (h) of Section 917.04 of the Codified Ordinances of the Village of Chagrin Falls regarding sanitary sewer charges be and are hereby amended to read and provide, in their entirety, as follows:

1. (a) The charge to be made shall be computed on the basis of the quantity of water consumed upon the lot, parcel of land or premises, or connection as measured by the municipal water meter in use, or other meter installed or approved by the Superintendent of Services during the applicable sewer charge billing period. Such charge shall be billed quarterly as to each such lot, parcel of land or premises, at a rate equal to the number identified in the chart below per hundred cubic feet of water, which shall be levied against such lot, parcel of land or premises, building or connection for the use of water service of the Municipality, or a minimum sewer charge of six times the stated rate, below, per one hundred cubic feet of water, whichever is greater:

   Effective Rate Change Date	Rate – Min. Charge
   07/01/25	$10.19/100 cf - $61.11
   01/01/26	$10.70/100 cf - $64.17
   01/13/26	$10.70/100 cf - $64.20
   01/01/27	$11.24/100 cf - $67.44
   01/01/28	$11.80/100 cf - $70.80
   01/01/29	$12.39/100 cf - $74.34

After the year 2029, the rates established for 2029 shall remain in effect until modified by Council.

1. (b) Premises located outside the corporate limits of the Municipality which are served by the system shall be charged at the rate contained in the chart below, per hundred cubic feet of water, which shall be levied against such lot, parcel of land or premises, building or connection for the use of the water service of the Municipality, or a minimum sewer charge of six (6) times the rate per hundred cubic feet of water, whichever is greater.

   Effective Rate Change Date	Rate – Min. Charge
   07/01/25	$12.74/100 cf - $76.39
   01/01/26	$13.38/100 cf - $80.21
   01/13/26	$13.38/100 cf - $80.28
   01/01/27	$14.05/100 cf - $84.30
   01/01/28	$14.75/100 cf - $88.50
   01/01/29	$15.49/100 cf - $92.94

After the year 2029, the rates established for 2029 shall remain in effect until modified by Council.

1. (h) In the event any premises are located outside the corporate limits of the Municipality and are served by the system but are unmetered for any reason whatsoever, such land or premises shall be charged an additional twenty-five percent (25%) of the rates set forth in subsection (a) at a rate equal to the amount stated in the chart below, which shall be charged and billed quarterly to each such lot, parcel of land or premises.

   Effective Rate Change Date	Flat Rate
   07/01/25	$407.44
   01/01/26	$427.81
   01/13/26	$428.16
   01/01/27	$449.60
   01/01/28	$472.00
   01/01/29	$495.68

After the year 2029, the rates established for 2029 shall remain in effect until modified by Council.

Section 2. The existing Subsections 917.04 (a), (b) and (h) of the Codified Ordinances, the full text of which follows is hereby repealed.

1. (a) The charge to be made shall be computed on the basis of the quantity of water consumed upon the lot, parcel of land or premises, or connection as measured by the municipal water meter in use, or other meter installed or approved by the Superintendent of Services during the applicable sewer charge billing period. Such charge shall be billed quarterly as to each such lot, parcel of land or premises, at a rate equal to the number identified in the chart below per hundred cubic feet of water, which shall be levied against such lot, parcel of land or premises, building or connection for the use of water service of the Municipality, or a minimum sewer charge of six times the stated rate, below, per one hundred cubic feet of water, whichever is greater:

   Effective Rate Change Date	Rate – Min. Charge
   07/01/25	$10.19/100 cf - $61.11
   01/01/26	$10.70/100 cf - $64.17
   01/01/27	$11.24/100 cf - $67.38
   01/01/28	$11.80/100 cf - $70.75
   01/01/29	$12.39/100 cf - $74.29

After the year 2029, the rates established for 2029 shall remain in effect until modified by Council.

1. (b) Premises located outside the corporate limits of the Municipality which are served by the system shall be charged at the rate contained in the chart below, per hundred cubic feet of water, which shall be levied against such lot, parcel of land or premises, building or connection for the use of the water service of the Municipality, or a minimum sewer charge of six (6) times the rate per hundred cubic feet of water, whichever is greater.

   Effective Rate Change Date	Rate – Min. Charge
   07/01/25	$12.74/100 cf - $76.39
   01/01/26	$13.38/100 cf - $80.21
   01/01/27	$14.05/100 cf - $84.23
   01/01/28	$14.75/100 cf - $88.44
   01/01/29	$15.49/100 cf - $92.86

After the year 2029, the rates established for 2029 shall remain in effect until modified by Council.

1. (h) In the event any premises are located outside the corporate limits of the Municipality and are served by the system but are unmetered for any reason whatsoever, such land or premises shall be charged at a rate equal to the amount stated in the chart below, which shall be charged and billed quarterly to each such lot, parcel of land or premises.

   Effective Rate Change Date	Flat Rate
   07/01/25	$407.44
   01/01/26	$427.81
   01/01/27	$449.20
   01/01/28	$471.66
   01/01/29	$495.24

After the year 2029, the rates established for 2029 shall remain in effect until modified by Council.

Section 3. As amended, Subsections 917.04(a), (b) and (h) with strikeouts for deletions and underlining for additions, read in their entirety as follows:

1. (a) The charge to be made shall be computed on the basis of the quantity of water consumed upon the lot, parcel of land or premises, or connection as measured by the municipal water meter in use, or other meter installed or approved by the Superintendent of Services during the applicable sewer charge billing period. Such charge shall be billed quarterly as to each such lot, parcel of land or premises, at a rate equal to the number identified in the chart below per hundred cubic feet of water, which shall be levied against such lot, parcel of land or premises, building or connection for the use of water service of the Municipality, or a minimum sewer charge of six times the stated rate, below, per one hundred cubic feet of water, whichever is greater:

   Effective Rate Change Date	Rate – Min. Charge
   07/01/25	$10.19/100 cf - $61.11
   01/01/26	$10.70/100 cf - $64.17
   01/13/26	$10.70/100 cf - $64.20
   01/01/27	$11.24/100 cf - $67.38 $67.44
   01/01/28	$11.80/100 cf - $70.75 $70.80
   01/01/29	$12.39/100 cf - $74.29 $74.34

After the year 2029, the rates established for 2029 shall remain in effect until modified by Council.

1. (b) Premises located outside the corporate limits of the Municipality which are served by the system shall be charged at the rate contained in the chart below, per hundred cubic feet of water, which shall be levied against such lot, parcel of land or premises, building or connection for the use of the water service of the Municipality, or a minimum sewer charge of six (6) times the rate per hundred cubic feet of water, whichever is greater.

   Effective Rate Change Date	Rate – Min. Charge
   07/01/25	$12.74/100 cf - $76.39
   01/01/26	$13.38/100 cf - $80.21
   01/13/26	$13.38/100 cf - $80.28
   01/01/27	$14.05/100 cf - $84.23 $84.30
   01/01/28	$14.75/100 cf - $88.44 $88.50
   01/01/29	$15.49/100 cf - $92.86 $92.94

1. (h) In the event any premises are located outside the corporate limits of the Municipality and are served by the system but are unmetered for any reason whatsoever, such land or premises shall be charged an additional twenty-five percent (25%) of the rates set forth in subsection (a) at a rate equal to the amount stated in the chart below, which shall be charged and billed quarterly to each such lot, parcel of land or premises.

   Effective Rate Change Date	Flat Rate
   07/01/25	$407.44
   01/01/26	$427.81
   01/13/26	$428.16
   01/01/27	$449.20 $449.60
   01/01/28	$471.66 $472.00
   01/01/29	$495.24 $495.68

After the year 2029, the rates established for 2029 shall remain in effect until modified by Council.

Section 4. The correctly calculated, amended increased rates shall be effective January 13, 2026 and will be reflected on a pro rata basis in the first billing cycle after January 13, 2026. Any amounts for sewer unpaid from July 1, 2025 through January 12, 2026 shall be governed by Ordinance No. 2025-25.

Section 5. That actions of this Council concerning and relating to the passage of this legislation were adopted in lawful meetings of this Council and that all deliberations of this Council and of any of its committees that resulted in such formal action were in compliance with all legal requirements, including Chapter 114 of the Codified Ordinances of the Village of Chagrin Falls.

Section 6. That in accordance with Section 113.01 of the Codified Ordinances of the Village of Chagrin Falls, public notice of this Ordinance shall be given by posting a copy thereof for not less than fifteen (15) days on the Village Website.

Section 7. This Ordinance is hereby declared to be an emergency measure immediately necessary for the preservation of the public peace, health and safety of the inhabitants of the Village and for the further reason that it is necessary to have these correctly calculated, amended rates go into effect as soon as possible to insure the fiscal integrity of the Village’s Waste Water Treatment Plant and to provide uninterrupted service to the residents of the Village, wherefore provided it receives the affirmative vote of at least two-thirds (⅔) of all members elected to Council, this Ordinance shall be in full force and effect from and immediately upon its passage and approval by the Mayor, otherwise it shall take effect and be in force after the earliest period allowed by law.

Whereas, Ordinance 2008-45, adopted September 22, 2008 by Village Council created Chapter 959 to provide a resource for senior citizens in Chagrin Falls and surrounding communities for non-emergency assistance and the Village created, by Ordinance, a volunteer senior citizen help line (“Help Line”); and

Whereas, the Village never implemented Chapter 959, did not create a Help Line utilizing Village telephone lines and equipment nor was the Help Line staffed by volunteers; and

Whereas, the Village Police Chief and the Village Council have determined that Chapter 959 is no longer needed to be in effect and that the services contemplated by the adoption of Chapter 959 are currently fulfilled by the services provided by the Village of Chagrin Falls, the Chagrin Falls Suburban Volunteer Firemen’s Association, the Village wide general use of internet services available to residents of the Village as well as the existence of the Village website, the Village Council has determined to repeal Chapter 959 of the Codified Ordinances of the Village of Chagrin Falls.

Now Therefore, Be It Ordained by the Council of the Village of Chagrin Falls, Cuyahoga County, State of Ohio:

Section 1. Chapter 959 of the Codified Ordinances of the Village of Chagrin Falls, the full text of which is attached hereto and made a part hereof as Exhibit “A” is hereby repealed.

Section 2. That actions of this Council concerning and relating to the passage of this legislation were adopted in lawful meetings of this Council and that all deliberations of this Council and of any of its committees that resulted in such formal action were in compliance with all legal requirements, including Chapter 114 of the Codified Ordinances of the Village of Chagrin Falls.

Section 3. That in accordance with Section 113.01 of the Codified Ordinances of the Village of Chagrin Falls, public notice of this Ordinance shall be given by posting a copy thereof for not less than fifteen (15) days on the Village website.

Section 4. This Ordinance shall take effect and be enforced after the earliest period allowed by law.

Exhibit “A”

Chapter 959: Volunteer Senior Citizens Help Line

• 959.01   Creation and Staffing
• 959.02   Purpose
• 959.03   Training and Duties of Volunteers and Supervisors
• 959.04   Records
• 959.05   Contact With Seniors
• 959.06   Background Checks
• 959.07   Confidentiality
• 959.08   Compensation

959.01   Creation and Staffing

There is hereby created a Volunteer Senior Citizens Help Line (“Help Line”), which shall utilize Village telephone lines and equipment and shall be staffed by “Volunteers” appointed by the Mayor and confirmed by Council. The Mayor, subject to confirmation by Council, shall also appoint one or more “Volunteer Supervisors,” who shall perform such duties as are provided for herein or as directed by the Mayor. Volunteers and Volunteer Supervisors shall serve at the pleasure of the Mayor.
(Ord. 2008-45. Passed 9-22-08.)

959.02   Purpose

The Help Line shall provide a resource for senior citizens in Chagrin Falls and surrounding communities for non-emergency assistance. Such assistance may include providing information regarding resources which are available to senior citizens in the county or region, and other assistance which does not involve emergency services.
(Ord. 2008-45. Passed 9-22-08.)

959.03 Training and Duties of Volunteers and Supervisors

1. (a) The Volunteer Supervisors shall:

   1. (1) Develop and implement appropriate training and supervision standards for Volunteers;

   2. (2) Monitor the services provided by Volunteers by implementing appropriate record keeping and reviewing such records;

   3. (3) Counsel Volunteers on appropriate methods of providing assistance to callers to the Help Line;

   4. (4) Assist Volunteers with the provision of assistance to callers, if necessary.

   5. (5) Advise the Mayor if a Volunteer is unable or unwilling to adhere to the rules and standards which have been developed.

2. (b) The Volunteers shall:

   1. (1) Not provide assistance to callers to the Help Line until having first received the training developed by the Volunteer Supervisors;

   2. (2) Provide assistance to callers to the Help Line in accordance with the policies and training developed by the Volunteer Supervisors; and

3. (3) Notify the Chagrin Falls Police Department immediately if a caller needs emergency assistance.
   (Ord. 2008-45. Passed 9-22-08.)

959.04 Records

Phone calls to the Help Line shall be documented, and the record of each phone call shall include the time, date, identity of the caller and purpose of the call, as well as any additional information required by the Volunteer Supervisors. The Volunteer Supervisors shall review the records on a regular basis.
(Ord. 2008-45. Passed 9-22-08.)

959.05   Contact With Seniors

No Volunteer shall initiate in-person contact with a caller to the Help Line, who is not otherwise known to the Volunteer, unless a Volunteer Supervisor approves such in-person contact; such contact shall be documented in the manner prescribed by the Volunteer Supervisors.
(Ord. 2008-45. Passed 9-22-08.)

959.06   Background Checks

The Village Police Department shall perform background checks on all Volunteers and Volunteer Supervisors prior to the commencement of their duties with the Help Line.
(Ord. 2008-45. Passed 9-22-08.)

959.07   Confidentiality

Volunteers should not promise confidentiality to callers to the help line. No Volunteer or Supervisor, however, shall publicly discuss or publish information obtained in the performance of duties as a Volunteer or Supervisor, except for training or educational purposes; if such information is used for training or educational purposes, the identity of the caller should not be revealed.
(Ord. 2008-45. Passed 9-22-08.)

959.08   Compensation

All Volunteers and Volunteer Supervisors shall serve without compensation.
(Ord. 2008-45. Passed 9-22-08.)

Whereas, the Council for the Chagrin Falls adopted Ordinance 2025-24 to add Subsection (k) to Section 917.04 of the Codified Ordinances of the Village of Chagrin Falls to impose a fixed capital improvement charge to each sewer customer account to reduce and ultimately pay the Wastewater Treatment Plant modernization improvement debt; and

Whereas, the Village Council set the charge based on the size of a water meter utilized by the Village water customer and failed to establish how the quarterly fixed capital improvement charge would be assessed against those customers who only receive sewer service; and

Whereas, the Village Council has determined that sewer service only customers should be charged the same capital charge as the smallest water meter sewer and water customer is charged by the Village.

Now Therefore, Be It Ordained by the Council of the Village of Chagrin Falls, Cuyahoga County, State of Ohio:

Section 1. That existing Section 917.04(k) is hereby amended to add the following to such subsection:

1. (k) The quarterly fixed capital improvement charge applied to a sewer customer account that does not have water service from the Village shall be charged the same rate as a sewer customer who has a water meter of ¾ inch or less, effective July 1, 2025 for the October 25, 2025 billing period.

Section 2. This Ordinance shall be effective as to any sewer service only customer to commence at the same effective date as provided in Ordinance 2025-24 so there is no uncertainty of the rate to be charged to a sewer only customer, commencing July 1, 2025.

Section 3. That actions of this Council concerning and relating to the passage of this legislation were adopted in lawful meetings of this Council and that all deliberations of this Council and of any of its committees that resulted in such formal action were in compliance with all legal requirements, including Chapter 114 of the Codified Ordinances of the Village of Chagrin Falls.

Section 4. That in accordance with Section 113.01 of the Codified Ordinances of the Village of Chagrin Falls, public notice of this Ordinance shall be given by posting a copy thereof for not less than fifteen (15) days on the Village website.

Section 5. This Ordinance is hereby declared to be an emergency measure immediately necessary for the preservation of the public peace, health and safety of the inhabitants of the Village and for the further reason that this Ordinance must be immediately effective to provide for clarity for the capital improvement charge for sewer service only customers of the Village; wherefore, provided it receives the affirmative vote of at least two-thirds (⅔) of all members elected to Council, this Ordinance shall be in full force and effect from and immediately upon its passage and approval by the Mayor, otherwise it shall take effect and be in force after the earliest period allowed by law.

Whereas, the Village of Chagrin Falls has been required to modernize and improve its Wastewater Treatment Plant due to various regulations, and the age of the Wastewater Treatment Plant and as a result it is necessary to impose a fixed capital improvement charge to each sewer customer account to reduce and ultimately pay the wastewater treatment plant modernization and improvement debt; and

Whereas, the Village Council has determined that a quarterly fixed capital improvement charge of Thirty-Five Dollars ($35.00) should be imposed on each sewer customer account in order to pay the existing debt in twenty years.

Now Therefore, Be It Ordained by the Council of the Village of Chagrin Falls, Cuyahoga County, State of Ohio:

Section 1. That existing Section 917.04 of the Codified Ordinances of the Village of Chagrin Falls is hereby amended to add subsection (k) to reads as follows:

1. (k) A quarterly fixed capital improvement charge shall be applied to each sewer customer account, quarterly, effective with the billing cycle starting July 1, 2025, to remain in place for a period of twenty (20) years concluding with the billing cycle ending June 30, 2045, unless modified or eliminated by Council, for the purpose of servicing existing wastewater treatment plant modernization and improvement debt incurred by the Village. The quarterly fixed capital improvement charge shall initially be Thirty-Five Dollars ($35.00) per quarter for a water meter of ¾ inch or less, Forty-Nine Dollars ($49.00) per quarter for a water meter greater than ¾ inch but no greater than 1 inch, Sixty-Three Dollars ($63.00) per quarter for a water meter that is greater than 1 inch and no greater than 1½ inch, One Hundred Two Dollars ($102.00) per quarter for a water meter that is greater than 1½ inch and no greater than 2 inch, and Four Hundred Ninety Dollars per quarter for any water meter that is greater than 2 inches. The capital improvement charge shall be the same amount for accounts servicing premises inside and outside the corporate limits of the Municipality.

Section 2. The capital improvement charge to impose upon each sewer customer shall commence for the first month of the billing cycle starting on July 1, 2025, and will be imposed on any new account that is established during each quarterly billing cycle in the full amount of the then quarterly fixed capital improvement charge, without proration for any portion of a quarter when service was not yet provided.

Section 3. That actions of this Council concerning and relating to the passage of this legislation were adopted in lawful meetings of this Council and that all deliberations of this Council and of any of its committees that resulted in such formal action were in compliance with all legal requirements, including Chapter 114 of the Codified Ordinances of the Village of Chagrin Falls.

Section 4. That in accordance with Section 113.01 of the Codified Ordinances of the Village of Chagrin Falls, public notice of this Ordinance shall be given by posting a copy thereof for not less than fifteen (15) days on the Village website.

Section 5. This Ordinance is hereby declared to be an emergency measure immediately necessary for the preservation of the public peace, health and safety of the inhabitants of the Village and for the further reason that this Ordinance must be immediately effective for the charge to become effective July 1, 2025 in order to timely and properly service the wastewater treatment plant modernization and improvement debt; wherefore, provided it receives the affirmative vote of at least two-thirds (2/3) of all members elected to Council, this Ordinance shall be in full force and effect from and immediately upon its passage and approval by the Mayor, otherwise it shall take effect and be in force after the earliest period allowed by law.

Whereas, as a result of increased costs for eliminating ground water infiltration, necessary capital improvements and underground line replacement that is required and due to increased costs in the operation of the Village’s Waste Water Treatment Plant, it is necessary to amend the sanitary sewer rates being charged, in order that proper maintenance and service can be continued for the protection of the health, safety and welfare of the residents and Waste Water Treatment Plant users;

Whereas, it is necessary to amend certain portions of Codified Ordinances Section 917.04(a), (b) and (h) to reflect the amended sanitary sewer charges.

Now Therefore, Be It Ordained by the Council of the Village of Chagrin Falls, Cuyahoga County, State of Ohio:

Section 1. That existing Subsections (a), (b) and (h) of Section 917.04 of the Codified Ordinances of the Village of Chagrin Falls regarding sanitary sewer charges be and are hereby amended to read and provide, in their entirety, as follows:

1. (a) The charge to be made shall be computed on the basis of the quantity of water consumed upon the lot, parcel of land or premises, or connection as measured by the municipal water meter in use, or other meter installed or approved by the Superintendent of Services during the applicable sewer charge billing period. Such charge shall be billed quarterly as to each such lot, parcel of land or premises, at a rate equal to the number identified in the chart below per hundred cubic feet of water, which shall be levied against such lot, parcel of land or premises, building or connection for the use of water service of the Municipality, or a minimum sewer charge of six times the stated rate, below, per one hundred cubic feet of water, whichever is greater:

   Effective Rate Change Date	Rate – Min. Charge
   07/01/25	$10.19/100 cf - $61.14
   01/01/26	$10.70/100 cf - $64.20
   01/01/27	$11.24/100 cf - $67.44
   01/01/28	$11.80/100 cf - $70.80
   01/01/29	$12.39/100 cf - $74.34

   After the year 2029, the rates established for 2029 shall remain in effect until modified by Council.

1. (b) Premises located outside the corporate limits of the Municipality which are served by the system shall be charged at the rate contained in the chart below, per hundred cubic feet of water, which shall be levied against such lot, parcel of land or premises, building or connection for the use of the water service of the Municipality, or a minimum sewer charge of six (6) times the rate per hundred cubic feet of water, whichever is greater.

   Effective Rate Change Date	Rate – Min. Charge
   07/01/25	$12.74/100 cf - $76.43
   01/01/26	$13.38/100 cf - $80.25
   01/01/27	$14.05/100 cf - $84.30
   01/01/28	$14.75/100 cf - $88.50
   01/01/29	$15.49/100 cf - $92.93

   After the year 2029, the rates established for 2029 shall remain in effect until modified by Council.

1. (h) In the event any premises are located outside the corporate limits of the Municipality and are served by the system but are unmetered for any reason whatsoever, such land or premises shall be charged an additional twenty-five percent (25%) of the rates set forth in subsection (a) at a rate equal to the amount stated in the chart below, which shall be charged and billed quarterly to each such lot, parcel of land or premises.

   Effective Rate Change Date	Flat Rate
   07/01/25	$407.60
   01/01/26	$428.00
   01/01/27	$449.60
   01/01/28	$472.00
   01/01/29	$495.60

   After the year 2029, the rates established for 2029 shall remain in effect until modified by Council.

Section 2. The existing Subsections 917.04(a), (b) and (h) of the Codified Ordinances, the full text of which follows is hereby repealed.

1. (a) The charge to be made shall be computed on the basis of the quantity of water consumed upon the lot, parcel of land or premises, or connection as measured by the municipal water meter in use, or other meter installed or approved by the Superintendent of Services during the applicable sewer charge billing period. Such charge shall be billed quarterly as to each such lot, parcel of land or premises, at a rate equal to the number identified in the chart below per hundred cubic feet of water, which shall be levied against such lot, parcel of land or premises, building or connection for the use of water service of the Municipality, or a minimum sewer charge of six times the stated rate, below, per one hundred cubic feet of water, whichever is greater:

   Effective Rate Change Date	Rate - Min. Charge
   04/01/20	$8.30/100 cf - $49.80
   01/01/21	$8.80/100 cf - $52.80
   01/01/22	$9.33/100 cf - $55.98
   01/01/23	$9.70/100 cf - $58.20

   After the year 2023, the rates established for 2023 shall remain in effect until modified by Council.

1. (b) Premises located outside the corporate limits of the Municipality which are served by the system shall be charged at the rate contained in the chart below, per hundred cubic feet of water, which shall be levied against such lot, parcel of land or premises, building or connection for the use of the water service of the Municipality, or a minimum sewer charge of six (6) times the rate per hundred cubic feet of water, whichever is greater.

   Effective Rate Change Date	Rate - Min. Charge
   04/01/20	$10.38/100 cf - $62.28
   01/01/21	$11.00/100 cf - $66.00
   01/01/22	$11.66/100 cf - $69.96
   01/01/23	$12.13/100 cf - $72.78

   After the year 2023, the rates established for 2023 shall remain in effect until modified by Council.

1. (h) In the event any premises are located outside the corporate limits of the Municipality and are served by the system but are unmetered for any reason whatsoever, such land or premises shall be charged at a rate equal to the amount stated in the chart below, which shall be charged and billed quarterly to each such lot, parcel of land or premises.

   Effective Rate Change Date	Flat Rate
   04/01/20	$332.08
   01/01/21	$352.00
   01/01/22	$373.12
   01/01/23	$388.04

   After the year 2023, the rates established for 2023 shall remain in effect until modified by Council.

Section 3. As amended, Subsections 917.04(a), (b) and (h) with strikeouts for deletions and underlining for additions, read in their entirety as follows:

1. (a) The charge to be made shall be computed on the basis of the quantity of water consumed upon the lot, parcel of land or premises, or connection as measured by the municipal water meter in use, or other meter installed or approved by the Superintendent of Services during the applicable sewer charge billing period. Such charge shall be billed quarterly as to each such lot, parcel of land or premises, at a rate equal to the number identified in the chart below per hundred cubic feet of water, which shall be levied against such lot, parcel of land or premises, building or connection for the use of water service of the Municipality, or a minimum sewer charge of six times the stated rate, below, per one hundred cubic feet of water, whichever is greater:

   Effective Rate Change Date	Rate - Min. Charge
   04/01/20 07/01/25	$8.30 10.19/100 cf - $49.80 61.14
   01/01/21 01/01/26	$8.80 10.70/100 cf - $52.80 64.20
   01/01/22 01/01/27	$9.33 11.24/100 cf - $55.98 67.44
   01/01/23 01/01/28	$9.70 11.80/100 cf - $58.20 70.80
   01/01/29	$12.39/100 cf - $74.34

   After the year 2023 2029, the rates established for 2023 2029 shall remain in effect until modified by Council.

1. (b) Premises located outside the corporate limits of the Municipality which are served by the system shall be charged at the rate contained in the chart below, per hundred cubic feet of water, which shall be levied against such lot, parcel of land or premises, building or connection for the use of the water service of the Municipality, or a minimum sewer charge of six (6) times the rate per hundred cubic feet of water, whichever is greater.

   Effective Rate Change Date	Rate - Min. Charge
   04/01/20 07/01/25	$10.38 12.74/100 cf - $62.28 76.43
   01/01/21 01/01/26	$11.00 13.38/100 cf - $66.00 80.25
   01/01/22 01/01/27	$11.66 14.05/100 cf - $69.96 84.30
   01/01/23 01/01/28	$12.13 14.75/100 cf - $72.78 88.50
   01/01/29	$15.49/100 cf - $92.93

   After the year 2023 2029, the rates established for 2023 2029 shall remain in effect until modified by Council.

1. (h) In the event any premises are located outside the corporate limits of the Municipality and are served by the system but are unmetered for any reason whatsoever, such land or premises shall be charged at a rate equal to the amount stated in the chart below, which shall be charged and billed quarterly to each such lot, parcel of land or premises.

   Effective Rate Change Date	Flat Rate
   04/01/20 07/01/25	$332.08 407.60
   01/01/21 01/01/26	$352.00 428.00
   01/01/22 01/01/27	$373.12 449.60
   01/01/23 01/01/28	$388.04 472.00
   01/01/29	$495.60

   After the year 2023 2029, the rates established for 2023 2029 shall remain in effect until modified by Council.

Section 4. The increased rates shall be effective April 1, 2020 July 1, 2025 and will be reflected on a pro rata basis in the first billing cycle after April 1, 2020 July 1, 2025.

Section 5. That actions of this Council concerning and relating to the passage of this legislation were adopted in lawful meetings of this Council and that all deliberations of this Council and of any of its committees that resulted in such formal action were in compliance with all legal requirements, including Chapter 114 of the Codified Ordinances of the Village of Chagrin Falls.

Section 6. That in accordance with Section 113.01 of the Codified Ordinances of the Village of Chagrin Falls, public notice of this Ordinance shall be given by posting a copy thereof for not less than fifteen (15) days on the Village Website.

Section 7. This Ordinance is hereby declared to be an emergency measure immediately necessary for the preservation of the public peace, health and safety of the inhabitants of the Village and for the further reason that it is necessary to have these rates go into effect as soon as possible to insure the fiscal integrity of the Village’s Waste Water Treatment Plant and to provide uninterrupted service to the residents of the Village, wherefore provided it receives the affirmative vote of at least two-thirds (⅔) of all members elected to Council, this Ordinance shall be in full force and effect from and immediately upon its passage and approval by the Mayor, otherwise it shall take effect and be in force after the earliest period allowed by law.