central ohio greenways implementation guide - Mid

CENTRAL OHIO GREENWAYS
IMPLEMENTATION GUIDE
DECEMBER 2006
Central Ohio Greenways
Implementation Guide 2006
This document was developed by the Central Ohio Greenways Steering Committee
Land Protection Subcommittee and the Greenways Program at Mid-Ohio Regional
Planning Commission (MORPC). Funding for the guidebook was provided by the
City of Columbus Public Utilities Department, Division of Sewerage and Drainage;
the City of Columbus Recreation and Parks Department; and the Columbus and
Franklin County Metro Parks. Document compiled by Erin Miller, MORPC.
Special thanks to:
Elaine Marsh, Ohio Greenways; Cyndi Kennedy, Metro Parks; Brad Westall
Columbus Recreation and Parks Department; Kyle Wilson & Heather Doherty,
Franklin Soil and Water Conservation District; Cyane Gresham, Sierra Club; Ashley
Lester & Shari Saunders, MORPC.
Prepared by:
Mid-Ohio Regional Planning Commission
285 E. Main Street
Columbus, OH 43215
The contents of this report reflect the views of MORPC, which is responsible for the facts
and accuracy of the data presented herein. This report does not constitute a standard,
specification, or regulation. Information and statistics referenced herein were obtained from
the identified sources. The best practices presented herein are not expressed or implied
opinions, suggestions or statements that any current condition or practice violates an
applicable regulation or standard.
2
1 Introduction………………………………………………………………….....6
1.1 Purpose.....................................................................................................................6
1.2 Background .............................................................................................................6
1.3 Greenways as Infrastructure .................................................................................7
1.4 Land Use ..................................................................................................................8
1.5 Content of The Document ......................................................................................9
2
Benefits of Greenways .................................................................................. 10
2.1 Water Quality, Flooding and Erosion .................................................................10
2.2 Recreation and Health ..........................................................................................12
2.3 Property Values and Tourism..............................................................................14
2.4 Transportation Connections ................................................................................15
2.5 Evidence of Public Support..................................................................................16
2.5.1 Local Communities....................................................................................................... 16
2.5.2 Central Ohioans ............................................................................................................ 17
2.5.3 Ohioans ......................................................................................................................... 17
2.5.4 Americans ..................................................................................................................... 18
3
Existing Conditions and Efforts................................................................... 18
3.1 Water Quality and Watershed Action Plans ......................................................19
3.2 Central Ohio Greenway Trails ............................................................................20
3.2.1 Darby Creek Trail ......................................................................................................... 21
3.2.2 Heritage Trail................................................................................................................ 21
3.2.3 Scioto Trail ................................................................................................................... 21
3.2.4 Olentangy Trail ............................................................................................................. 21
3.2.5 I-670 Trail ..................................................................................................................... 22
3.2.6 Alum Creek Trail .......................................................................................................... 22
3.2.7 Blacklick Trail .............................................................................................................. 22
3.2.8 Big Walnut Trail ........................................................................................................... 22
3.2.9 Olentangy Water Trail .................................................................................................. 23
4
Greenways- Techniques for Establishment ................................................. 24
4.1 Acquiring Land..................................................................................................... 24
4.1.1 Land Purchase............................................................................................................... 24
4.1.2 Purchase of Options ...................................................................................................... 26
4.1.3 Donations ...................................................................................................................... 27
4.1.4 Bargain Sale.................................................................................................................. 27
4.1.5 Lease Use Agreements.................................................................................................. 27
4.1.6 Easement Purchase........................................................................................................ 28
4.1.7 First Right of Refusal.................................................................................................... 29
4.1.8 Eminent Domain ........................................................................................................... 29
4.2 Regulations ............................................................................................................ 30
4.2.1 The Clean Water Act of 1972 ....................................................................................... 30
4.2.2 Administrative Code and Stormwater Manuals ............................................................ 31
4.2.3 Comprehensive Planning and Zoning ........................................................................... 32
4.2.4 Overlay Zoning ............................................................................................................. 33
4.2.5 Conservation Development........................................................................................... 34
4.2.6 Official Maps ................................................................................................................ 34
4.2.7 Negotiations and Parkland Dedication.......................................................................... 35
4.2.8 Leveraging Support for Regulations ............................................................................. 35
4.3 Private Land Protection Through Education / Incentive Programs: .............. 35
4.3.1 Backyard Conservation Program .................................................................................. 36
4.3.2 WILD Schools Program................................................................................................ 36
4.3.3 Voluntary Buffer Program in the Hellbranch Watershed.............................................. 37
4.3.4 Backyard Habitat – National Wildlife Federation Certification Program..................... 37
4.3.5 U.S. Department of Agriculture Farm Bill Programs ................................................... 38
4.3.6 Hazard Mitigation Grant Program, Ohio Emergency Management Agency ................ 39
5
Guidance for Greenway Planning and Management ................................. 40
5.1 Assistance on setting preservation priorities...................................................... 41
5.2
Width of Greenway......................................................................................... 42
5.3
Greenway Management ................................................................................. 42
5.3.1 Control Invasive Species............................................................................................... 42
5.3.2 Plant Native Vegetation ................................................................................................ 44
5.3.3 Clean Ups...................................................................................................................... 44
5.3.4 Signage ......................................................................................................................... 45
5.3.5 Long Term Sustainable Funding for Management of Protected Lands......................... 46
4
Trail Design & Specifications.....................................................................................47
5.4.1 Trail Surfaces................................................................................................................ 47
5.4.2 Other design standards.................................................................................................. 49
5.4.3 Trail Maintenance ......................................................................................................... 50
5.4.4 Safety ............................................................................................................................ 50
5.4.5 Environmental Impacts ................................................................................................. 51
Appendix II. Listing of Local Funding Sources................................................... 2
Appendix II. Listing of Local Funding Sources................................................... 3
Appendix III. Sample Real-Estate Purchase Contract....................................... 11
Appendix IV. Sample Option Agreement ............................................................ 21
Appendix V. Sample Lease Use Agreement ........................................................ 32
Appendix VI. Sample Deed of Easement- Multi-Purpose Trail Easement........ 37
Appendix VII. Sample Deed of Conservation Easement.................................... 41
Appendix VIII. Sample Right of First Refusal Agreement ................................ 45
Appendix VIV. Section 1 of the Columbus Stormwater Drainage Manual....... 48
Appendix X. Sample Buffer Zone, City of Delaware Zoning Code ................... 57
Appendix XI. MORPC Model Overlay Zoning ................................................... 58
Appendix XII. Sample FSWCD Cost-Share Agreement .................................... 65
Appendix XIII. Central Ohio Greenway Trail Signage System ......................... 69
Appendix XIV. Sample Trail Watch Volunteer Application .............................. 70
Glossary ................................................................................................................ 71
MORPC Greenways Steering Committee
Representatives (as of 09-06)
Local Government (18):
1 Introduction
Columbus*
Westerville*
Dublin*
Gahanna
Metro Parks
Reynoldsburg
Worthington
Grove City
Bexley
Hilliard
Powell
New Albany
Whitehall
Canal Winchester Upper Arlington
Washington Twp
Jefferson Twp
Perry Twp
Prairie Twp
County Government (6):
Franklin County (SWCD, Engineers Office, Board
of Health, Economic Development and
Planning).
Delaware County (General Health)
Fairfield County (Regional Planning)
State Government (4):
ODOT
OEPA*
ODNR
OSU
Federal Government (1):
Natural Resource Conservation Service
Private (6):
Williams Creek
Tetra Tech
EMH&T
Raccoon Valley Partners
VSSP
FMSM
Nonprofit (13):
Darby Creek Association, Licking Land Trust, Fairfield
County Friends of the Trail, Friends of: Lower
Olentangy Watershed, Alum Creek and Tributaries,
Big Walnut Creek and Tributaries, Blacklick Creek,
Scioto River, Ravines. Rocky Fork Watershed
Protection Task Force, Walnut Action group, Sierra
Club and Columbus Nature Preserves.
1.1 PURPOSE
The purpose of this guidebook is to build upon the 1997 Franklin County
Greenways Plan and further assist central Ohio communities to preserve,
develop and maintain greenways. This guidebook includes data supporting
the economic and social benefits of greenways and greenway trails and
techniques for establishing greenways through regulation, transaction,
education and incentive programs, as well as guidance for greenway
establishment and management.
1.2 BACKGROUND
In early 1995 the Mid-Ohio Regional Planning Commission (MORPC) and the
Franklin Soil and Water Conservation District (FSWCD) joined together to
establish a greenways planning project for Franklin County. The primary goal
was to foster a better understanding of and appreciation for the role
waterways play in our environment, resulting in a long-term protection and
water quality improvement plan. Greenways: A Plan for Franklin County
(available online at http://greenways.morpc.org/) was published in 1997. The
plan seeks to build on the efforts of communities throughout central Ohio in
the areas of conservation, water quality protection and recreation. The plan
describes a vision and actions for the City of Columbus, Franklin County and
the many jurisdictions that make up the Columbus metropolitan area. It
provides a background of the importance of protecting waterways and
components of a successful greenway; summarizes an extensive inventory of
all rivers and major streams of Franklin County and provides short and longterm implementation strategies. Implementation of the Plan is guided by the
Central Ohio Greenways Steering Committee with representation from over
* multiple departments represented
6
20 local governments and numerous public and private organizations
supported by staff of the Greenways Program at MORPC.
1.3 GREENWAYS AS INFRASTRUCTURE
Central Ohio may not have majestic mountains or ocean views, but we do
have an amazing wealth of waterways, ravines and streamside forests. There
are 61,500 miles of inland rivers and streams in Ohio and approximately
2,700 miles in central Ohio1.
The majority of central Ohio drains into the Scioto River Basin, which flows
into the Ohio River and ultimately empties into the Gulf of Mexico. The
region’s watersheds include the Big Darby, Little Darby, Scioto, Olentangy,
Big Walnut, Paint, Deer, Salt, Mill, Rush, Bokes, Fulton and Little Walnut.
Additionally, portions of Licking County drain to the Muskingum River Basin
via the Licking River and portions of Fairfield County drain into the Hocking
River, which are direct tributaries to the Ohio River.
1
OSU Extension Fact Sheet Series, Water Resources of Franklin, Licking, Union, Pickaway,
Delaware, Madison, Fairfield Counties: http://ohioline.osu.edu/aex-fact/0480.html
Infrastructure- the basic facilities,
services, and installations needed
for the functioning of a community
or society, such as transportation
and communications systems,
water and power lines, and public
institutions including schools, post
offices, and prisons ( The American
Heritage® Dictionary of the English
Language, Fourth Edition Copyright ©
2000 by Houghton Mifflin Company.)
Green infrastructure- an
interconnected network of land
and water that sustains our air and
water resources by maintaining
and enhancing natural ecological
processes. (2001, Green
Infrastructure Working Group,
www.greeninfrastructure.net )
Greenway – a linear open space or
natural area often along a
waterway. Our floodplains,
wetlands, rivers, ravines, streams
and streamside forests, when
combined, are commonly referred
to as our Greenway system.
A watershed is an area of land draining
into a river, stream or other body of
water
Central Ohio Facts:
- 7 counties
- 21 cities
- 116 townships
- 59 villages
Currently:
-1,580,000 people
- 800 square miles developed land
2030 Projections:
- 2,155,000 people
- 1,514 square miles developed land
Our floodplains, wetlands, rivers, ravines, streams and streamside forests,
when combined, are commonly referred to as our Greenway system and
serve as our natural green infrastructure. They provide services to our
community by reducing flooding and erosive damages, improving air and
water quality, and providing habitat for wildlife. Additionally, greenways
provide a focus for cultural activities, service the recreation and open space
needs of thousands of central Ohio residents every day, and provide for
emotional and mental relief from an increasingly complex urban landscape.
1.4 LAND USE
Central Ohio, defined as Franklin County and the six counties adjacent to it,
has grown relatively rapidly. Between 1990 and 2000, central Ohio
added over 200,000 people and 100,000 households. Moreover, while
central Ohio accounts for about 15 percent of the state population, it
attracted 40 percent of the state population growth during the 1990’s.
8
This growth occurred throughout all seven counties. Unlike most urban
areas in Ohio, Franklin County, which is the central urban county in the
Columbus metropolitan area, sustained a healthy growth rate and grew
by over 10 percent during the decade. However, much of the new
growth in Franklin County occurred outside of the I-270 outerbelt. In
fact, of the 60,000 new housing units added to the county during the
1990’s, nearly 85 percent of them were built outside of the outerbelt.
While this economic development has improved our region in many ways, it
has resulted in the loss of our natural green infrastructure system.
Growth is likely to continue and MORPC projects by 2030 the population
will increase by 36 percent, adding 575,000 new residents for a total
population of approximately 2,155,000. If current land use plans
adopted by 203 local entities in the region were to be built, the current
trend of growth indicates that by the year 2030, there will be a 36
percent increase in population, yet the amount of land consumed by
those people will increase by 86 percent or 714 square miles. The region
stands at approximately 800 square miles of developed land today. To
maintain a high quality of life in central Ohio it is critical that greenways
are protected.
Linworth Run, Olentangy Watershed
1.5 CONTENT OF THE DOCUMENT
Chapter 1 gives a background and demonstrates greenways as
infrastructure. Chapter 2 includes data supporting the economic,
environmental and social benefits of greenways and greenway trails.
Chapter 3 gives an overview of the central Ohio greenway and trail
system. Chapter 4 provides techniques for establishing greenways:
through regulation, transaction, education and incentive programs.
Chapter 5 describes recommended guidance for planning, design and
management of greenways, and trails. The document is supported by a
series of Appendices, including a list of funding sources and sample
transaction and stewardship contracts.
Alum Creek Trail – Casto Park
2 Benefits of Greenways
Greenways provide services to our community in a multitude of ways. They
protect the quality of our waters for drinking and recreational uses, remove
pollutants from the air, store flood waters, stabilize stream banks, and
provide habitat for wildlife and natural areas for community enjoyment.
When connected through a trail system, greenways provide recreational
opportunities and alternative transportation routes. Greenways increase
property values, tourism, connect communities, attract and retain employers,
and provide community identity.
Erosion damages as a result of residents
mowing to the edge of the stream,
photo courtesy of Columbus Stormwater Management.
2.1 WATER QUALITY, FLOODING AND EROSION
Even under natural conditions a stream is dynamic. It is ever changing and
moving and in a constant state of flux. This channel movement becomes
amplified as more water enters the stream, which occurs as a result of land
development and an increase of non-absorbent surfaces (such as asphalt and
concrete). The stream reacts by more frequently flooding over its banks,
scouring out its channel to increase the channel size and moving laterally (i.e.
bank erosion). This zone of movement is defined as the stream corridor zone
and can be calculated by using the ODNR meander width calculation (129 x
0.43
Drainage Area ). Structures placed within this zone are susceptible to
flooding and loss of property through erosion unless expensive measures are
put in place such as fill, levees, rip-rap or other channel stabilizing
techniques.
These measures come with heavy costs to the environment and to taxpayers’
wallets. In 2005, the City of Dublin spent nearly $200,000 on debris and
vegetation removal, and bank stabilization (rip/rap, hydroseeding, turf
reinforcement matting, etc.)2. In addition to local jurisdictions, costs are
incurred by homeowners and associations. One condominium development
Erosion damages as a result of the road built
too close to the river, photo courtesy of
2
Pers Communications with City of Dublin, Jay Herskowitz.
Columbus Stormwater Management
10
in Columbus was built within the stream corridor zone. The stream began to
move (as all natural streams do) and eroded the bank, nearly collapsing the
foundation of the condos. Because the development was over one year of
age, the condo association was held responsible for $200,000 of stabilization
work. 3 In another central Ohio suburb, and individual homeowner inherited
$50,000 of stream stabilization work from a previous owner.
In addition to erosive damages, building within the stream corridor zone can
incur property damages from flooding. According to the Federal Emergency
Management Agency, flooding causes over $1 billion in property damages
every year. In Ohio, total flood costs for local and state governments were
$65.5 million from 1998-20024. By restoring developed floodplains to a
natural state, many riverside communities such as Chattanooga, Tennessee
and Houston, Texas are preventing potential flood damage.
What better way to avoid flooding and stream erosion hazards than to set
development back away from the stream and preserve the natural greenway
corridor? Many communities are doing this. A few examples can be found in
Chapter 4 Greenways- Techniques for Establishment.
According to Ohio EPA, habitat alteration and sedimentation from excessive
erosion are two of the three leading causes of nonattainment of healthy
aquatic life in Ohio streams.5 Ohio EPA bases water quality attainment on the
health and presence of fish (IBI), macroinvertebrates (ICI) and quality of
habitat (QHEI).
Flooding January 2005, photos courtesy
Columbus Stormwater Management.
3
Today Homes, Heron Pointe Condominium resident correspondence, January 12, 2006.
2003 Emergency Management Assistance Listing of the Government Distribution
www.state.oh.us/odps/division/ema/PDFs/DisastersInOhio.pdf
5
A Guide to Ohio Streams, Randy Sanders, Ohio Chapter of American Fisheries Society,
2001.
4
Source of Drinking Water by County
Franklin County
77% Surface Water
20% Groundwater (public supply)
3% Groundwater (private wells)
Delaware County
71% Surface Water
29% Groundwater (public and private)
Madison County
100% Groundwater
Licking County
25% Groundwater (public supply)
40% Groundwater (private wells)
35% Surface Water
Fairfield County
100% Groundwater
Pickaway County
100% Groundwater
Union County
66% Surface Water (in Marysville), rest
of County served by Groundwater
In addition to causing water quality impairments, sediment adds $0.32 per
ton in water treatment costs. A 10% reduction of sediment would result in a
4% reduction of water treatment costs6. Dr. Fred Hitzhuzen, economics
professor at The Ohio State University, estimates the annual cost of removing
7
sediment from Ohio’s waterways was approximately $162 million in 1988 .
The primary source of drinking water for central Ohioans is from surface
water (rivers and streams). Seventy-two percent of the population receives
drinking water from rivers and streams while twenty-eight percent use
groundwater as their source of drinking water8.
Rare and endangered species are found in greenway corridors and
waterways in central Ohio. The highest diversity of biota is located in the
fringe of water and land interaction—greenways. By preserving greenways,
we can preserve the habitat of these unique species.
Preserved floodplains and streamside forests improve water quality and
physical habitats, reduce soil erosion and downstream flooding and increase
groundwater recharge. A domino effect occurs if the greenway corridor is
disturbed: increased flooding, increased erosion, increased damages to
property, and decreased water quality and wildlife habitat.
2.2 RECREATION AND HEALTH
Obesity has risen to epidemic levels in the U.S. It leads to devastating and
costly health problems, reduces life expectancy, and is associated with stigma
and discrimination. Obesity is a strong risk factor for serious diseases such as
6
Source: OSU Extension, Fact Sheet Series
Water Resources of above mentioned
counties.
Foster, Bardos, Southgate. Soil Erosion and Water Treatment Costs. Journal of Soil and
Water Conservation 42:349-352).
7
Soil Erosion: A Downstream Economic Perspective, 1989.
8
Raw data provided by the Ohio State University Extension, Fact Sheet Series Water
Resources of Franklin, Delaware, Union, Pickaway, Fairfield, Madison and Union Counties.
12
type 2 diabetes, heart disease and certain cancers, and it is associated with
depression and other medical conditions9.
The economic impact of obesity has grown dramatically. In 2000, the total
cost of obesity was estimated to be $117 billion, including health care
expenses and loss of productivity. This estimate translates into an economic
10
burden of 9.1% of the nation’s total health care expenditures. With health
care costs at an all-time high, communities and employers should encourage
individuals to actively manage their own health and fitness needs.
According to the 2002 Franklin County Health Assessment, 61.7% of adults
were overweight and 26% were obese. The prevalence of overweight
children is higher than the national average of 16%; 25% of Franklin County
children are overweight and 30% of children in Columbus are overweight.
Exercise can reduce weight and the effects of obesity, relieve the symptoms
of stress and depression, and reverse the progression of or the effects of
numerous diseases and conditions. Activity levels increase where people have
access to safe, secure pathways designed for walking, biking or running.
Riders on the Olentangy Trail – Como Park
When the Kokosing Gap Trail was constructed in Knox County within the
Kokosing River Greenway, a survey was conducted to determine the benefits
to the local rural community. The survey documented over 80% of the
adjacent property owners used the Trail11.
Another health benefit of establishing greenways when used for alternative
transportation, ozone and particle pollution can ultimately be reduced.
9
2001 The Surgeon General’s Call to Action to Prevent and Decrease Overweight and
Obesity. Rockville, MD: Public Health Service, Office of the Surgeon General.
10
Wolf AM, Colditz GA. Current Estimates of the Economic Cost of Obesity in the United
States. Obes Res 1998 Mar;6(2):97-106.
11
Fish, M. Jennifer. “An Analysis of the Perceived Costs and Benefits of Residing Near a Rural
and Recreational Greenway.” The Ohio State University, 1998.
Construction mud runoff blocking capaCity
of a stormwater pipe, photo courtesy of
Columbus Stormwater Management.
Get Green Columbus’ Pedal Instead
Program encourages bicycling on
greenway trails and streets for alternate
transportation modes to downtown
community events.
Central Ohio fails to meet federal air quality standards due to ozone and
particle pollution. Ozone is produced when sunlight and emissions interact.
Particle pollution is formed when emissions combine with stagnant air. The
bulk of emissions in central Ohio come from vehicle exhaust. Gasoline and
diesel vehicles contribute 79% of all NOx emissions, a precursor to ozone
smog, in central Ohio. Point sources (power plants and factories) contribute
11% and area sources (homes, small businesses) contribute 10%. In
addition, trees planted within greenways perform a vital air cleaning service
by absorbing and filtering out nitrogen dioxide, sulfur dioxide, ozone, carbon
monoxide and particle pollution in their leaves. Trees also remove carbon
dioxide from the air and store carbon.12
2.3 PROPERTY VALUES AND TOURISM
Greenways and trails provide countless opportunities for economic renewal
and growth. Increased property values, tourism and recreation-related
spending on items such as bicycles, in line skates and lodging are just a few
of the ways trails and greenways positively impact community economies.
Greenways provide high-quality residential environments and recreational
amenities that have been shown to increase property values and tax
revenues, and are becoming more important in attracting and retaining
productive, high skilled residents, and businesses.
Visitors to the Little Miami Scenic Trail spend $13.54 per person per visit, or
$2.4 million per year, on trip-related expenses. When equipment purchases
are added to the equation, total annual trip-related contribution of Little
Miami Scenic Trail users to Ohio’s economy is $3.7 million. 13
12
American Forests (www.americanforests.org ),
Ohio, Kentucky and Indiana Regional Council of Governments, Trail Users Study, Little
Miami Scenic Trail. 1999. [email protected]
13
14
In the Whetstone Park area of Columbus, the Olentangy River and Greenway
Trail was estimated to account for 7.35% of home prices. 14 According to the
National Association of Homebuilders, trails are the number one amenity
potential homeowners cite when asked what they would like to see in a new
community, ahead of public parks and outdoor pools. “All of the evidence
we have suggests that demand for trails is increasing,” said Gopal Ahlu
Walia, vice president of research at the National Association of
Homebuilders.15
2.4 TRANSPORTATION CONNECTIONS
Greenway Trails connect neighborhoods to downtown, parks, schools,
employment, shopping areas, cultural amenities and other activity centers.
They provide an alternative transportation route for children, families and
commuters. Based on usage of the Olentangy Trail, approximately 50 (low
season) to 175 (high season) bike commuters per day use the trail as an
alternate mode of transportation16. The Olentangy Trail is the busiest
commuter trail in central Ohio. Major employment centers such as The Ohio
State University, Battelle and downtown Columbus are accessible from the
trail.
Greenway Trails also provide safe routes for horse-drawn buggies in Amish
Villages; a local example of this is in Holmes County. The Holmes County
Trail extends from Fredericksburg to Millersburg (12 miles). One lane of the
trail is paved with asphalt for biking, rollerblading, walking, running and
14
Kimmel, Margaret M. 1985. Parks and Property Values: Economic Impact of Protecting
Rivers, Trails and Greenway Corridors. An Empirical Study in Dayton and Columbus, Ohio"
Thesis. Oxford, OH: Miami University, Institute of Environmental Science.
15
New York Times, September 7, 2006 “From Kitchen to the Wild in 30 Seconds, Golf
Courses? No, these days homebuyers want running trails.” By Bradley Melekian.
16
Pers. Communications with Brad Westall, City of Columbus Recreation and Parks
Realtor advertises apartment and
condominium availability to trail
users. Photo also demonstrates
access built to connect residents to
the trail.
wheelchairs, while the other lane is paved with "chip and seal" for horse17
drawn vehicles (Amish buggy) and horseback riding.
Greenways serve as a connection for wildlife forming safe migration routes
and decreasing incidents of wildlife killed by vehicles. Annually, 11,000 deer
18
are killed on Ohio’s roads . Deer, many of which are being displaced by
urban sprawl, are left wandering as they seek a mate and flee hunters, often
leading them onto busy roads.19 Locally, in 2005, the Franklin County
Engineers Office spent $37,244 in road kill cleanup (542 animals). The total
cost includes labor, equipment and materials (if applicable). 20
2.5 EVIDENCE OF PUBLIC SUPPORT
Consistently public opinion surveys have shown residents in central Ohio,
throughout Ohio and America support the preservation of natural areas by
an overwhelming majority of the population. Greenway development has
received tremendous public support in the 1974 Watercourse Plan for
Columbus and Franklin County, Columbus Comprehensive Plan, Priorities 95,
Pros2000 Plan, Together 2000, Riverfront Vision Plan and numerous other
community plans in the region.
2.5.1 Local Communities
The Grove City Parks and Recreation Department, EMH&T and REConomics
conducted multiple community input sessions in 2005. When the
Amish horse-drawn buggy and bicyclist
share the Holmes County Trail.
17
http:www.holmestrail.org/trail.html (January 2006)
Gray, Kathy Lynn. The Columbus Dispatch. May 5 2003. “Student Receive Science Award
for Developing Way to Compost Roadkill”
19
State Farm® announces Top 10 states for deer collisions, BLOOMINGTON, Ill. -- November
3, 2005 http://www.statefarm.com/media/release/deer.asp
20
Email correspondence Tom Nutini, Highway Superintendent, Franklin County Engineers
Office June 27, 2006.
18
16
participants were asked what types of leisure facilities are needed, the
connectivity of the bike system (or path system) throughout Grove City was
definitely the most discussed need in each session; and this issue became the
number one overall combined need.21
A survey conducted by the Gahanna Parks and Recreation Department
shows 81% of respondents feel some need or serious need for bikeway
connectivity and listed this as a number one park improvement.
Trail development is the number one desire of Columbus residents when
22
surveyed in 2001 .
2.5.2 Central Ohioans
A survey was conducted of 2100 likely voters in the central Ohio seven
county region to determine their attitudes towards growth and
development. Respondents supported amenities such as open space in new
developments (94.2%). They were concerned about the conversion of
farmland and natural areas to other uses (78.3%), and were also concerned
about water and air quality (88.2%).23
2.5.3 Ohioans
In a 2000 study, the majority of Ohioans identified loss of wild natural areas
as a very serious problem24. In another study put together by the Tarrance
21
Grove City Parks and Recreation Community Input Session Final Report, prepared by Alicia
S Eckhart, Ph.D., CPRP 2005© REConomics
22
Columbus Recreation and Parks Master Plan, 2003.
23
Strategic Research Group, Survey of Central Ohio Public Attitudes Towards Growth and
Development for MORPC, August 2004.
24
Ohio Statewide Survey for the League of Conservation Voters Education Fund; Fairbank,
Maslin, Maullin and Associates, Washington DC.2000.
“Across the country, the rate of
response to preserve land far
exceeds voter approval of
initiatives for built
infrastructure, schools and the
like.” Ed McMahon, Urban Land Institute
“Green Infrastructure – What and Why?” 2003
MidAmerican Trails and Greenway Conference,
Indianapolis, IN.
Group, 75.6% of surveyed Ohioans felt it is “somewhat” to “extremely
25
important” to acquire land for parks, forests and recreational areas .
2.5.4 Americans
In November 2003, despite a weak economy, American voters
overwhelmingly supported conservation-related ballot measures. Ninety-nine
(99) measures in twenty-three (23) states were approved (by 77 percent)
equaling $1.8 billion in new funding overall26.
3 Existing Conditions and Efforts
There are many efforts underway to preserve and restore greenways in
central Ohio. Partnerships are the key to successful greenway development.
Partnership groups include: the Central Ohio Greenways Steering Committee
(monthly meetings), the Central Ohio Greenway and Trail Forum (workshops
held quarterly), as well as local trail and watershed groups (see Appendix I
for contact information).
Photo courtesy of Columbus Stormwater Management.
The formation of river stewardship groups was a main objective of
Greenways: A Plan for Franklin County. In the past nine years, watershed
groups have been formed for every major watershed in central Ohio, a
necessary first step toward successful greenway preservation and protection.
Generally, watershed groups are citizen-based nonprofit organizations
25
26
The Tarrance Group Survey: Ohio Initiative 6394 July 23, 1994.
LandVote 2003, Trust for Public Land (www.tpl.org)
18
whose mission to increase public awareness, appreciation and protection of
waterways.
3.1 WATER QUALITY AND WATERSHED ACTION PLANS
The most comprehensive water quality inventories and solutions for
preserving and restoring water quality, can be found within local Watershed
Action Plans (WAPs). The majority of these plans were developed with the
financial support of the Ohio EPA, Clean Water Act Section 319 funds or the
Ohio Department of Natural Resources, Division of Soil and Water
Conservation and coordinated by local watershed groups. WAPs have been
developed for the following watersheds in central Ohio:
Sample Table of Contents for W.A.P’s:
I.
II.
III.
•
Lower Alum Creek, Friends of Alum Creek and Tributaries (FACT).
February 2005.
•
Lower Olentangy Watershed, Friends of the Lower Olentangy
Watershed (FLOW). March 2005.
•
Lower Big Walnut Watershed, Friends of Big Walnut Creek and
Tributaries. In draft form as of September 2006.
•
Bokes and Mill Creek Watersheds, Union SWCD. April 2003.
•
Upper Scioto, Delaware SWCD. Conditionally endorsed as of
September 2006.
IV.
•
Upper Olentangy Watershed Action Plan, Olentangy Watershed
Alliance, OSU, City of Delaware. Conditionally endorsed as of
September 2006.
V.
Hellbranch Run Watershed Action Plan, Hellbranch Watershed Forum.
In draft form as of September 2006.
VI.
VII.
VIII.
•
Introduction
a. Watershed Size and
Administrative Boundaries
b. Demographics
Planning Process
Watershed Inventory
a. Geology
b. Biological Features
c. Water Resources
d. Land Use
e. Cultural Resources
f. Previous Efforts
g. Habitat Modification
Inventory (dams, levees)
h. Water Use Attainment
and Causes and Sources
of Impairment
i. Status and Trends
Problem Statements linking
cause and source of
impairments, with estimated
loads.
Restoration and Protection
Goals and Objectives
Priorities and Timeline
Evaluation Methods
Process for Plan Update and
Revision
•
Paint Creek Watershed Management Plan, Paint Creek Watershed
Joint Board. July 2002.
•
Comprehensive Watershed Management Plan for the Salt Creek
Watershed, Muskingum SWCD. March 2005
Links to these plans can be found at
ftp://ftp.dnr.state.oh.us/Soil_and_Water_Conservation/WatershedActionPlans/
Currently, Upper Big Walnut, Rocky Fork and Blacklick WAPs are underway,
and the expected completion date is 2009. In addition, the Big Darby
Watershed Action Plan is being developed. The Big Darby Accord Watershed
Master Plan for the portion of the watershed within Franklin County can be
found at http://franklincountyohio.gov/bigdarbyaccord/ .
Watersheds that do not currently have plans include Little Walnut, Deer
Creek, Rush Creek, Upper Alum Creek, Fulton Creek and the Lower Scioto
River. To find out more information about these streams, go to Ohio EPA’s
website, www.epa.state.oh.us/surfacewater.html and search for TMDL and
technical support documents.
3.2 CENTRAL OHIO GREENWAY TRAILS
TMDL = Total Maximum Daily Loads,
called for in the 1972 Clean Water Act.
Every watershed in central Ohio should
have a complete TMDL per pollutant
causing a water quality impairment by
2010. The TMDL attempts divvy up the pie
to meet water quality standards.
Regardless what you call them- leisure paths, trails or bikeways; greenway
trails are a great way to gain a multitude of benefits while also preserving
green infrastructure. They help raise an awareness of natural resources,
provide for safe recreation, connect communities and provide alternative
transportation routes. Below is a listing and adjacent maps of all the existing
greenway trails in the central Ohio region.
Important note: We are fortunate in central Ohio to be a part of the Ohio to
Erie Trail. The Ohio to Erie Trail spans the state of Ohio from Cincinnati to
Cleveland, following lands formerly owned by railroads and canals. When
20
complete, this trail will connect four of Ohio's metropolitan cities, a dozen
large towns and numerous small villages and span approximately 453 miles.
3.2.1 Darby Creek Trail
This trail runs along Big Darby Creek, a State and National Scenic River. It is
constructed with crushed gravel and currently runs 4.6 miles through
Prairie Oaks Metro Park. The portion through the former Darby Dan
Farms is in design phase.
3.2.2 Heritage Trail
The Heritage Rail Trail follows an old abandoned rail line and extends from
Main Street in Hilliard to Cemetery Pike near Plain City. It is a paved trail
and currently runs 7 miles. This trail and the future Hayden Run Trail will
be an important northern linkage to get users from the Darby Trail to the
Scioto Trail.
3.2.3 Scioto Trail
This greenway travels through the heart of downtown Columbus following
along the Scioto River. Four segments of the trail are complete, totaling
7.5 miles of paved surface. Eventually, the trail will reach the cities of
Dublin on the north and Grove City on the south.
3.2.4 Olentangy Trail
This scenic 14 mile paved trail weaves users throughout the Olentangy
greenway corridor, connecting the communities of Worthington,
Columbus, and OSU together. It begins from the south at Confluence
Park in downtown Columbus where it meets the Scioto Trail and heads
north to Worthington Hills Park. Future plans extend this trail to
Highbanks Metro Park and beyond, into the City of Delaware and
perhaps connecting to the Delaware Dam.
Greenway Trail map showing the central and
western trails in the region.
3.2.5 I-670 Trail
This trail begins at Ft. Hayes off Cleveland Avenue and winds east along
Interstate 670, following Leonard Avenue, crossing Nelson and Fifth Avenues
and ending at Airport Drive, near Ohio Dominican University where it
connects to the Alum Creek Trail at Nelson Road. Eventually, this paved trail
will connect the Alum Creek Trail to the Scioto Trail in downtown Columbus.
3.2.6 Alum Creek Trail
This scenic paved trail weaves users throughout the Alum Creek greenway
corridor, connecting the communities of Westerville, Columbus and Bexley
together. Two sections are open (north to south); From Maxtown Road in
Westerville to Easton Way; Nelson Park to Three Creeks Park. Planned is the
middle section from Easton Way to Nelson Park. The trail is currently 15 miles
in length.
3.2.7 Blacklick Trail
This scenic paved trail weaves users throughout the Blacklick Creek
greenway corridor. Two sections are open (north to south): Main Street in
Reynoldsburg to Blacklick Woods Metro Park; Long Road to Shannon Road
connecting to Pickerington Ponds and from Rt 33 through Three Creeks
Park.
3.2.8 Big Walnut Trail
This trail is currently underway, when complete it will run from Rt 23 on the
south to Hoover Reservoir on the north. There are a few segments complete:
Whitehall through Whitehall Park, in Gahanna through Friendship Park, and
along Sunbury Road to the north at Hoover Reservoir.
Greenway Trail map showing the eastern
and central trails in the region.
For more information about Central Ohio Greenway Trails, visit
www.centralohiogreenways.com
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3.2.9 Olentangy Water Trail
Water trails were the first transportation corridors used by Native Americans.
The Ohio Department of Natural Resources- Division of Watercraft is the lead
agency in the state to designate rivers as Water Trails. To be designated you
need to provide public access to the navigable waterway, a map and
information to trail users on low-impact ethics, and the trail needs to be
managed and maintained by a local agency or organization.
The first designated Water Trail in the state was the Kokosing Water Trail,
which runs from Mount Vernon (Knox County) to Twp Road 432 (Coshocton
County). This trail also has a Paddle/Pedal option; combine paddling down
the Kokosing River with bicycling on Kokosing Gap Trail. Locally, the
Olentangy Water Trail designation is underway and expected to kick-off on
Earth Day, April 22, 2007. This water trail will run 32 miles from Delaware
County’s Delaware Dam to Downtown Columbus at the confluence with the
Scioto River. The Olentangy Water Trail will also have a Paddle/Pedal
component with the adjacent Olentangy Greenway Trail.
For more information about Water Trails contact:
Bob Fletcher – ODNR at [email protected] or 614-265-6308
Heather Dean- FLOW at [email protected] or 614-267-3386
4 Greenways- Techniques for Establishment
Preserving, developing or restoring greenway corridors can be done in many
different ways. Three main techniques identified by Ohio Greenways in “A
Summary of Land Protection Techniques for Greenways.” It can be done
through transactions (4.1), regulations (4.2), and voluntary education and
incentive programs (4.3).
4.1 ACQUIRING LAND
Land for greenways can be acquired and/or protected through financial and
other transactions described below. As applied to greenways, these
transactions are usually between a public park agency or a private land
conservancy and a landowner. Examples of transactions follow. For those
transactions that require cash, several options are available: federal and state
grants, loans and affiliated programs, taxes and user fees, fines and
mitigation. For a detailed listing of available funding sources please see
Appendix II.
Land adjacent to Mock Park, Columbus OH was
recently obtained by the City of Columbus to
complete a section of the Alum Creek Greenway
at a cost of approximately $20,000 / acre. Funding
for the land purchase was provided in part by
a Clean Ohio Fund grant and matched with
Columbus tax dollars.
4.1.1 Land Purchase
Purchase of all rights in land, also called “fee simple purchase”. Many local
communities and park districts obtain greenways using this technique. The
price per acre is dependant upon the real-estate market of the area and
accessibility to services. Costs vary widely for greenways, depending on their
development potential and proximity to major streets and roads. Appraisal
of potential acquisitions is recommended and can provide a baseline to help
keep costs reasonable.
If the property is currently for sale contact the realtor or seller of the property,
find out the asking price for the land, and see if there are opportunities for
donation or bargain sale (see pages 23, 24). If a price can be negotiated,
24
enter into a contract (see Appendix III: Sample Real-Estate Purchase
Contract), contingent upon the following:
a. Survey. We recommend an Alta Survey, this shows not only the
boundary of the property, but also any easements that may exist on
the deed and gives you what the fair-market value of the property is.
Ask whoever is doing your survey to do it in the Ohio State Plane
South coordinate system so the survey pins will match GPS points for
GIS mapping later.
b. Title review (it is also important to obtain title insurance). The costs
associated with a. and b. depend on the property’s topography and
local pricing; it is usually safe to budget $5,000-$6,000 for these
steps.
c. Phase I Environmental Site Assessment. This assessment will tell you if
the property has had any spills (oil, gas, etc.), has underground
storage facilities such as septic tanks, wells or gas tanks, and
researches past land uses of the site (industrial or landfill uses). Use
the American Society for Testing and Materials (ASTM) Standard
(www.astm.org). Current standard is E1527-05. Quick search
information can be obtained by going to the Environmental Data
Resources (EDR) website (http://www.edrnet.com) where you can
order information directly for less cost on sites where there are less
concerns- though a full Phase I for all sites, including easements is
recommended. Costs for this vary, but it is safe to budget $500$1,000.
d. If there are buildings or structures on the site, be aware that
demolition can be costly. Include asbestos inspections as part of the
contingencies of the contract. The approximate cost of demolition
ranges from $10,000 to $20,000, with all materials disposed off site.
If the property is not currently on the market, the best approach is to try
calling the property owner on the phone and talk about what they would
like to see for their property in the future. If you cannot find a phone
Once the property is purchased, visibly mark
the boundaries of the property to prevent
from having to survey the property again at
a later date. A sample boundary marker is
the Franklin SWCD easement boundary post
($17 each). FSWCD recommends installing
them at every turn in the property or every
500 feet.
Franklin SWCD conservation easement area
along Rocky Fork Creek in Plain Township.
number, mail a letter giving background information on your organization
and ask for a meeting. Personal relationships can prove quite successful to
gaining trust of the landowner. A local example of this is described in detail
below.
During the past decade Franklin Soil and Water Conservation District
(FSWCD) has worked with landowners to protect valuable natural resources
by establishing permanent conservation easements along rivers and streams
throughout Franklin County. Half the battle in the establishment of such
conservation easements is in making the initial personal contact with those
who own the land. One way FSWCD has attempted to solve this problem is
to seek assistance from other forms of local government. In the spring of
2005 FSWCD staff members organized a bus tour of already existing
conservation easements and riparian buffers in the Hellbranch watershed
located in western Franklin County. They then invited representatives from
townships and municipalities throughout the county to attend and view first
hand some of the conservation practices that FSWCD would like to
implement within their communities. Not long after the tour, FSWCD
received a call from Plain Township Trustee Don Shoemaker requesting a
meeting to discuss possible conservation easements on both township land
and adjacent parcels held in private ownership. After several months of
negotiating deed restrictions and evaluating conservation needs an
agreement was in place to permanently protect and restore more than 10
acres of critical riparian habitat along Rocky Fork Creek in Plain Township. In
addition to the conservation easement, FSWCD staff coordinated their
efforts with the Natural Resources Conservation Service to restore wetlands
on an additional 20+ acres of the township land.
4.1.2 Purchase of Options
The purchase of options is a temporary technique to allow time to raise
funds or make arrangements for permanent protection. In selling an option
on land, the seller gives the buyer the right to buy the land (or an easement)
26
at a specified price until a specified date (see Appendix IV: Sample Option
Agreement).
This is especially useful if a priority piece of greenway property has come up
for sale and you have a grant proposal pending approval. You can purchase
options on the land sale contingent if the grant is awarded by a certain date.
4.1.3 Donations
Donations of land or easements can be made by a landowner to the public
agency or private land trust. Life estates are a specific class of donations that
have deferred benefits for estate taxes. Life estates can also be part of a feesimple purchase that allows the property owner to reside on the land until
moving or upon death. This could allow the donor to deduct the appraised
value of the donation from income or federal taxes and could remove the
value from amounts subject to capital gains and estate taxes. Donation of an
easement can reduce the donor’s taxes in proportion to the easement’s
value.
There are two types of tax advantages for conservation easements: Income
tax based and estate tax based. Please contact Franklin SWCD and a tax
advisor for more information on donated conservation easement benefits
and tax advantages, 614-486-9613 or www.franklinswcd.org
4.1.4 Bargain Sale
A bargain sale is the sale of land at a price below the land’s appraised value.
The seller may be able to deduct the sacrificed value from taxable income
and exclude it from capital gains. The purchaser receives all rights in land.
4.1.5 Lease Use Agreements
Lease use agreements are land rental or negotiated use (usually for a fee) for
specific purposes and explicit durations. For example, an agency may lease
Photo courtesy of Columbus Stormwater Management.
property for a wildlife preserve or for hunting. See Appendix V for a Sample
Lease Use Agreement. The Columbus and Franklin County Metropolitan Park
District and the City of Columbus have used lease-use agreements in the
past for mutual symbiotic benefits. In two cases, the City owned the land,
the Metro Parks leased the land from the City for a small fee and created
and maintained a Metro Park: this agreement was established for both Three
Creeks Park and the Whittier Metro Park.
Photo courtesy of Columbus Stormwater Management.
4.1.6 Easement Purchase
Purchase of specific land rights from a landowner. For example, an easement
may allow public access (such as a trail easement) or may specify that land be
left in a natural state (such as a conservation easement). The landowner
retains ownership and all other previous rights associated with ownership,
including the right to occupy, lease, farm or sell the land. Assessment and
therefore property taxes and estate taxes could be reduced in proportion to
the reduction in land value due to an easement (if processed through the
Board of Revision). Use caution If the land is in Current Agricultural Use
Value (CAUV). CAUV is a differential real estate tax assessment program that
offers farmland owners the opportunity to have their land taxed according to
its agricultural value rather than full market value. CAUV includes a penalty
for the conversion of farmland into non-agricultural uses. If farmland is
converted, the county collects a recoupment tax, which is equal to the tax
savings from the previous three years. Easements may be written in
perpetuity or for an explicit duration. See Appendix VI for a Sample Deed of
Easement: Multi-Purpose Trail Easement and Appendix VII for a Sample Deed
of Conservation Easement.
28
Recommended Steps for Easement Purchases:
-
Local park departments, park districts, land trusts and some
Soil and Water Conservation Districts can hold conservation
easements.
Whoever holds the easement must monitor the restriction to
make sure it is enforced in perpetuity or else the easement
may not stand up in court.
To do this, a legal fund should be established to ensure that
the easement can be enforced in case of legal action.
Warning: Regarding easement purchases, easement or fee-simple land
donations and bargain sales’ NEVER give tax advice to a potential donor.
Refer them to their tax-advisor. Tax benefits vary from person to person,
situation to situation and can be misleading to generalize benefits gained.
4.1.7 First Right of Refusal
A first right of refusal agreement states if a property owner is given an offer
to purchase his/her property, the landowner must notify the park system of
the receipt of such offer. The park system has the right to purchase the
property on the identical terms and conditions as contained in the offer; if
the agency chooses not to purchase the property, the landowner can sell the
property to the party whom it received the offer. See Appendix VIII for
Sample Right of First Refusal Agreement.
Photo courtesy of Columbus Stormwater Management.
4.1.8 Eminent Domain
A governmental unit passes laws that afford it the right to "take in fee”
specific privately owned property, which is defined as needed for a project
that serves a required public good. A specific public process is outlined. Fair
market value is assessed. Eminent domain may have severe public relations
challenges that could negatively impact public-private partnerships and
should only be used as a last resort.
4.2 REGULATIONS
4.2.1 The Clean Water Act of 1972
The Clean Water Act of 1972 was developed in response to polluted
waterways throughout the country, one of the catalysts for this important
legislation was the Cuyahoga River catching fire in 1969. The goal of the
Clean Water Act is to restore and maintain the chemical, physical and
biological integrity of the nation’s waters. Greenways can be preserved or
restored through required mitigation or water quality trading in association
with the following Clean Water Act permits and programs.
The National Pollution Discharge Elimination System (NPDES) is the Clean
27
Water Act’s primary point source control program. This applies to factories,
sewage treatment plants, urban storm sewers and construction sites
(amendments 1987).
Photo courtesy of Columbus Stormwater Management.
The Total Maximum Daily Load (TMDL) program, established under Section
303 (d) of the Clean Water Act (33 U.S.C. 1313), focuses on identifying and
restoring polluted rivers, streams, lakes and other surface waters. A TMDL is
a written, quantitative assessment of water quality problems in a waterbody
and contributing sources of pollution. It specifies the amount a pollutant
needs to be reduced to meet water quality standards, allocates pollutant
Point sources of pollution include any discernible, confined and discrete
conveyance of pollutants to a waterbody. The definition of discrete
conveyance includes but is not limited to, “any pipe, ditch, channel, tunnel,
conduit, well, discrete fissure, container, rolling stock, concentrated animal
feeding operation, landfill leachate collection system, vessel, or other floating
craft from which pollutants are or may be discharged.”
27
30
load reductions and provides the basis for taking action needed to restore a
waterbody. Note: TMDL may also address habitat issues in a stream.28
Sections 401 and 404 of the Clean Water Act state that anyone wishing to
discharge dredged or fill material into waters of the U.S., including all
wetlands, must obtain a Section 401 certification from Ohio EPA and a
Section 404 permit from the U.S. Army Corps of Engineers. Activities that
would require certification and a permit include but are not limited to
clearing or building in a wetland, stream channelization or diversion,
constructing dams or levees.
For additional information on the Clean Water Act, an easy to use guidebook
called “The Clean Water Act: An Owner’s Manual”, developed by River
Network, can be found online at www.rivernetwork.org . The full Clean
Water Act text can be found at www.4.law.cornell.edu/uscode/33/ch26.html
or a summary can be accessed at www.epa.gov/region5/defs/html/cwa.html
Local communities may implement greenway protection through a variety of
regulations. Examples follow.
4.2.2 Administrative Code and Stormwater Manuals
In response to the Clean Water Act NPDES Stormwater Regulations, many
communities are including stream setbacks within their required stormwater
manual or management plans.
The City of Columbus Stormwater Drainage Manual, adopted March 2006,
requires all new development and redevelopment projects to minimize
alterations of the stream, keep structures out of the Stream Corridor
Protection Zone and maintain a riparian corridor along the stream to
28
Ohio EPA Appendix 8 Update- Outline of a Watershed Plan from “A Guide to Developing
Local Watershed Action Plans in Ohio”
Participants of the February 2006 Central Ohio
Greenway & Trail Forum learn about the Lake
County, OH stormwater setback regulations.
minimize streambank erosion and protect stream habitat (see Appendix VIV
for details). The stream corridor protection zone is determined by the greater
of the following:
1. The regulatory 100 year floodway based on FEMA mapping;
2. The following table: (Based on the following equation: Stream Corridor Protection
Zone, in feet of width = 129 (DA) 0.43 where DA is the drainage area of the stream in square
miles. This equation was developed and recommended by the Ohio Department of Natural
Resources (ODNR) based on regional curve analysis for various watercourses measured in the
eastern United States region. Based on studies conducted by Ward (2001), Williams (1986),
and Leopold (1978), the equation yields a protection zone wide enough to include a meander
belt width plus two channel widths. )
3. 50 feet from the top of each bank for fourth order streams or larger.
Photo demonstrating flood waters in the
Olentangy Greenway (January 2005)
4.2.3 Comprehensive Planning and Zoning
Comprehensive plans may identify setbacks from sensitive features like
streams, wetlands and steep slopes where these features are specifically
delineated. Setbacks must be based on empirical data and be uniformly
applied. Cities, villages, townships, and counties may adopt comprehensive
plans under Ohio law. Comprehensive plans serve as one of the basic policy
documents of local governments. These plans form the policy basis for
zoning resolutions in townships and for zoning codes in villages, cities and
counties.
For example, the City of Delaware requires development setbacks within
their zoning code as a result of a comprehensive planning process. City of
32
Delaware’s Zoning Code, Section 1150.07 Establishment of Buffer Area,
requires 120 feet setback on both sides of the Olentangy River, 60 feet on
major streams and 30 feet on headwater streams and ditches (see Appendix
X for details).
The Ohio EPA recently released a stormwater permit for development in the
Big Darby Watershed requiring riparian setbacks- a first for the agency. This
was in response to the TMDLs developed for this sensitive watershed. The
Ohio EPA requires the development setback distance from the centerline of
the stream be sized as the greater of the following:
1. The regulatory 100 year floodplain based on FEMA mapping;
2. A minimum of 100 feet on each side; or
3. Distance calculated using the following equation:
W = 133DA0.43
where: DA = drainage area (mi2) W = total width of riparian setback (ft)
(Visit www.epa.state.oh.us for a copy of the permit)
In 1998, the City of Westerville developed the Pros2000 Plan, a parks and
recreation master plan, which involved the entire community. Their City
Council embraced it and shared the vision with developers, and in turn the
developers shared the benefits to the buyers. Though the City of Westerville
does not protect greenways through zoning setbacks, all development plans
go through the Planning and Development Department, negotiations and
transactions, Westerville has succeeded in building 23 miles of trails.
4.2.4 Overlay Zoning
A zoning overlay is an additional protective standard placed atop existing,
underlying zoning districts. They can be useful to protect important and
sensitive areas in a geographically specific manner.
In 1999, MORPC developed a Watercourse Model Zoning Overlay for
communities to adopt. The detailed document can be found online at
Two federally endangered bald eagles nesting
in the Alum Creek Greenway, Westerville OH.
http://greenways.morpc.org/GreenwaysClearinghouse ; the model zoning
overlay can be found in Appendix XI.
4.2.5 Conservation Development
Concentration of development on a section of a site to preserve open space
and protect natural features on the rest of the site. This technique,
implemented through zoning and negotiation, can reduce infrastructure
costs for the developers. Typically, the open space remains privately owned
(e.g. homeowners association) and its maintenance is ensured through a
contractual development agreement with the community.
Jefferson Township in Franklin County requires all Planned Unit Development
Districts, included within the Zoning Resolution, to set aside 35 % of the
gross area of a development as open space (excluding any area in the
floodplain).
Cyclist on the Alum Creek Greenway Trail.
4.2.6 Official Maps
Official maps may be adopted by cities and villages to designate boundaries
for planned streets parks and other areas.
The City of Worthington has developed a flood zone map in conjunction
with their zoning code, which has strict provisions to protect the 100-year
floodplain, in addition to the floodway, by prohibiting any type of
development in such areas. Permitted uses in these areas include agriculture
and park development. Development in areas immediately adjacent to the
100-year floodplain is also restricted.
34
4.2.7 Negotiations and Parkland Dedication
The City of Columbus has a parkland dedication ordinance that seeks to
formalize and codify the informal process of “bargaining” for parkland as
part of the rezoning process. Thus, under this ordinance developers are
asked, based on a formula, to either dedicate a portion of land or donate
money to purchase land that is considered to have priority protection status
as deemed by the City.
4.2.8 Leveraging Support for Regulations
Preserving greenways through regulatory methods can be the most cost
effective method for jurisdictions to prevent damages from flooding and
erosion ultimately protecting the community’s health and safety. To gain
public support, we recommend a public process involving all stakeholders in
development of your community plan and regulatory strategy. Remember,
for all regulations enforcement is vital.
4.3 PRIVATE LAND PROTECTION THROUGH EDUCATION / INCENTIVE PROGRAMS:
There are many examples of effective programs to preserve greenways
through education and incentives to private landowners. Best management
practices (BMPs) are measures installed to control, reduce or eliminate
nonpoint source pollution (runoff and / or physical alterations to water
resources). Voluntary BMPs are installed by landowners and often have
public assistance to cost share. Technical assistance for choosing BMP
alternatives, finding cost share options and providing installation guidance is
available through the Natural Resource Conservation Service (NRCS) field
offices, OSU Extension, local watershed groups, environmental nonprofit
organizations, or through the local SWCD.
Raincatcher 6000 (Rain barrel) by
Gardener's Supply Company
4.3.1 Backyard Conservation Program
Friends of the Lower Olentangy Watershed (FLOW), the Columbus
Foundation, the City of Columbus Public Utilities and Franklin SWCD have
partnered to launch the Backyard Conservation Program. The Backyard
Conservation Program shows residents yard and garden practices that can
beautify surroundings while saving time and money and protecting our river
and streams. This educational program includes opportunities for: conserving
water; earth-friendly lawn care; using native plants; improving habitat for
birds and butterflies; and reducing fertilizers, pesticides and other pollutants
that get into storm water run off; with the end goal of protecting and
improving water quality in the Olentangy River watershed. The program
includes a cost share discount of 30% on the rain barrels to residents living
in the Olentangy watershed who attend a Rain Barrel Workshop.
To find out more about our rain barrel cost share program, contact FLOW at
614-267-3386 or [email protected]
Sign that is displayed on all certified
backyard conservation sites.
4.3.2 WILD Schools Program
WILD Schools is a program offered by ODNR, Division of Wildlife that
provides resources, consultants and workshops available for teachers seeking
to utilize school site as an outdoor classroom. Contact Jen Dennison, Project
WILD Coordinator at 614-265-6316. The sites function within the premise
that every school, regardless of size and location, can provide outdoor
educational opportunities that can and should be part of an integrated
environmental education program. The Division of Wildlife offers grants to
WILD School Sites, including local schools, government agencies, nonprofit
organizations and other school-oriented facilities to start an outdoor
classroom. These grants are designed to provide funding for materials,
equipment and activities that are otherwise unaffordable to the school or
organization. WILD School Sites that demonstrate program development and
36
site enhancement consistent with the premises outlined in this program are
eligible for certification as an official Ohio WILD School Site29.
4.3.3 Voluntary Buffer Program in the Hellbranch Watershed
The purpose of the program is to work with local landowners in the
Hellbranch Run Watershed to establish riparian vegetated buffers along
Hamilton, Clover-Groff and Hellbranch Runs. Franklin SWCD and partners
such as the Darby Creek Association, provide financial and technical
assistance to establish forested greenways. The financial incentive varies with
the width of setback: 50 feet, 75% of all costs including vegetation and
installation is paid by FSWCD or 120-300 feet setback is paid 75% FSWCD
30
and 25% by DCA- so 100% is covered (up to $450/acre).
(See Appendix XI. Sample Conservation Lease Agreement)
4.3.4 Backyard Habitat – National Wildlife Federation Certification Program
The National Wildlife Federation (NWF) published an article in the April 1973
issue of National Wildlife magazine encouraging people to landscape and
garden in a more sustainable, natural way, with wildlife in mind. Response to
the article was so overwhelming that NWF began the Backyard Wildlife
Habitat program that same year to educate people about the benefits, for
both people and wildlife, of creating and restoring natural landscapes. Since
that time, the practice of natural landscaping has grown in popularity.
Through the Backyard Wildlife Habitat program, participants learn to restore
wildlife habitat in yards, balconies, workplaces or even entire communities.
Once the habitat is created, you can submit an application and get your yard
29
Website: http://www.ohiodnr.com/wildlife/Resources/wildschools/default.htm
Franklin Soil and Water Conservation District. June 2005. Fact Sheet Series: Riparian Buffer
Options.
30
certified as one of tens of thousands of official National Wildlife Federation
Backyard Wildlife Habitat sites around the country and the world.
Once certified, you will receive a certificate that designates your property as
part of the National Wildlife Federation's registry of habitat sites. You will
also be eligible to display an attractive yard sign for display in your
environment.
4.3.5 U.S. Department of Agriculture Farm Bill Programs
The Farm Bill Programs are administered by the USDA NRCS who provides
technical and financial support to landowners who participate. Contact
NRCS, Mary Ann Core at 614.486.9613 for more information.
Photo of the Columbus Recreation & Parks
Glen Echo Run stream restoration project in
Glen Echo Park.
4.3.5.1 Conservation Security Program (CSP)
Lands eligible include all private agricultural land and forested land that is an
incidental part of an agricultural operation. USDA offers rental payments
annually based on the length of the agreement (5-10 years), cost share up to
75%.
4.3.5.2 Conservation Reserve Program (CRP)
Lands eligible include highly erodeable cropland that has been planted for 4
of the 6 years preceding enactment of the 2002 law. Marginal pastureland is
also eligible. USDA offers rental payments annually based on the length of
the agreement (10-15 years) and cost share up to 50%.
4.3.5.3 Environmental Quality Incentives Program (EQIP)
All private lands in agricultural production are eligible; includes cropland,
grassland, pastureland and non-industrial private forestland. Agreements
range 1-10 years and provide up to 75% cost share.
38
4.3.5.4 Scioto Conservation Reserve Enhancement Program (CREP)
To be eligible, cropland must have been planted to a crop four of six
years between 1996 and 2001 and be physically and legally capable of
being cropped. Marginal pastureland may also be enrolled provided it
meets eligibility criteria. Agreements range 15 years – permanent and
provide Rental Rate Payment, Cost share and Incentives as well as
ODNR Division of Wildlife Bonus Incentives dependant upon the
conservation practice installed (range from cool-season grass filter
strips, warm-season grass filter strips, tree plantings, wetland
restoration, voluntary easement)
4.3.5.5 Wildlife Habitat Incentive Program (WHIP)
All private lands are eligible, unless it is currently enrolled in CRP, WRP or a
similar program. Agreements range 5-15 years and provide up to 75% cost
share.
4.3.5.6 Wetland Reserve Program (WRP)
A voluntary easement program offering landowners the opportunity to
protect, restore and enhance wetlands and riparian areas on their
property; agreements range 10-30 years or permanent. Most private
wetlands converted to agricultural use prior to 1985 are eligible.
Wetland must be restorable and suitable for wildlife benefits. USDA
provides for permanent easements a one-time up front payment and
cost share up to 100%.
4.3.6 Hazard Mitigation Grant Program, Ohio Emergency Management
Agency
The Pre-Disaster Mitigation Competitive Program (PDM) provides grants to
states/tribes that, in turn, provide sub-grants to local governments for costeffective mitigation activities that are selected via a national ranking and
evaluation process. Funds are used to implement a sustained pre-disaster
Photo of experiential learning at Darby Days,
Battelle-Darby Metro Park.
natural hazard mitigation program to reduce overall risk to the population
and structures, while reducing reliance on funding from actual disaster
declarations.31
Projects funded through PDM must be located physically in a participating
National Flood Insurance Program (NFIP) community if they have been
identified through the NFIP as having a special flood hazard area (a Flood
Hazard Boundary Map, or Flood Insurance Rate Map has been issued). In
addition, the community cannot be on suspension or on probation from the
NFIP. The development of state and local multi-hazard mitigation plans is key
to maintaining eligibility for future PDM funding. The program is voluntary
and competitive and is cost share with the community. Projects must meet
benefit-cost, environmental, and other federal, state and local criteria.
Photo of canoeists enjoying the view of the
confluence of the Scioto and Olentangy
Rivers, Downtown Columbus.
5 Guidance for Greenway Planning and Management
Greenways planning attempts to justify public expense for projects by
ensuring that each greenway provides at least three multi-objective goals,
including community identity, community access and linkages, alternative
transportation, recreational opportunities, habitat preservation, and
enhancement of the water resource.
It is important to involve stakeholders in greenway planning and
management. The following are examples of who should participate in this
process: elected and appointed officials; local government, especially parks
and public works departments; property owners, developers and builders;
nonprofit organizations and environmental groups; and general public; local,
county, regional, state and federal agencies.
31
Website: http://www.ema.ohio.gov/mitigation.asp
40
5.1 ASSISTANCE ON SETTING PRESERVATION PRIORITIES
The Greenways Steering Committee Land Protection Subcommittee
determined the following environmentally sensitive areas and places of
interest as having priority for preservation:
1. Riparian buffers on waterways (waterway-anything with a defined
bed and bank connected to a main stream network) such as springs,
headwater tributaries, streams and rivers. See 5.2 Width of Greenway
to determine how wide a buffer.
2. Wetlands and a 120-300 foot buffer surrounding the wetlands.
We recommend preserving high quality wetlands (class II and class III)
and identify areas for wetland creation and enhancement (class I and
soils suitable for wetlands).
3. Woodlots and mature forests (greater than 3 acres).
4. Steep Slopes (such as ravines; erodeable soils; tops of steep banks
with greater than 15% grade). Note: slope should not be counted
towards buffer width.
5. The ecosystem or habitat of rare, threatened or endangered
species (contact the Natural Heritage Database at ODNR to find these
locations)
6. Sites critical to water quality preservation. (based on aquatic
biological water quality indexes such as IBI, ICI, QHEI, miWB, diversity
of mussel species)
7. Sites that support linkages (areas adjacent to existing preserved
open space / parklands including greenway trail connections, areas
adjacent to public facilities and areas that provide wildlife corridors)
8. Sites that support public access or public use of protected
areas.
9. Special noteworthy land features (e.g. waterfalls, gorges, caves)
These are also registered in the Natural Heritage Database at ODNR.
10. Historically significant sites (contact the Ohio Historical Society).
Marker dedicating the Ohio to Erie Trail
PURPOSE
Sediment- to trap
sediment from runoff
and reduce channel
erosion.
Nitrate- to reduce
nitrate concentrations
Stream Channel
Migration- to allow for
all possible stream
channel migration
EFFECTIVE BUFFER
100ft* buffer plus 2 ft.
per 1% slope; absolute
minimum buffer is 30ft .
Must extend along all
streams (including
intermittent and
ephemeral). Grass or
forest, though forest
preferred due to other
benefits.
Most cases 100ft
provides good control
and 50 ft is usually
sufficient especially
when coupled with
wetland preservation.
Buffer width equal to
the active 100-year
floodplain or meander
belt width calculation
(greater of the two)
35-100ft. Native forest
vegetation should be
maintained or restored.
Aquatic Habitat – to
provide stream
temperature control
and inputs of large
woody debris and
other organic matter.
At least 300 ft. Native
Terrestrial Riparian
forest vegetation
Wildlife- to protect
should be maintained
diverse terrestrial
or restored.
riparian wildlife
communities.
*measured from the ordinary high water mark,
both sides of the stream.
5.2
WIDTH OF GREENWAY
The best width for your greenway buffer is dependant upon the goals of
your greenway. The adjacent table is summarized from “A Review of the
Scientific Literature on Riparian Buffer Width, Extent and Vegetation” by
Seth Wenger for the Office of Public Service and Outreach Institute of
Ecology University of Georgia (revised version March 5, 1999). Mr. Wenger
reviewed over 140 scientific literature papers and found that buffer slope
and the presence of wetlands were determined to be the most important
and useful factors in determining buffer widths and that you must identify
the goals of your buffer upfront to determine the most effective width.
Locally, ODNR and The Ohio State University have conducted research on
streams throughout Ohio and determined that by using following meander
belt width calculation, one can predict natural stream channel migration and
0.43
where DA is the drainage area of the
prevent future damages: 129 (DA)
stream in square miles. This equation was developed and recommended by
ODNR based on regional curve analysis for various watercourses measured in
the eastern United States region. Based on studies conducted by Ward
(2001), Williams (1986) and Leopold (1978), the equation yields a protection
zone wide enough to include a meander belt width plus two channel widths.
5.3
GREENWAY MANAGEMENT
5.3.1 Control Invasive Species
Work with your local watershed group, park agency or groups such as the
Wild Ones, to get advice on how to remove invasive species from greenways.
ODNR has compiled the following lists of targeted invasive species- some of
the most invasive plants in natural areas and the most established, and
42
watch list species- only established in specific regions of Ohio, yet potentially
very invasive (ODNR 2001).
Targeted Species
Common Name
Scientific Name
Autumn olive
Elaeagnus umbellata
Buckthorn, glossy
Rhamnus frangula
Buckthorn, European
Rhamnus cathartica
Garlic mustard
Alliaria petiolata
Honeysuckle, Amur
Lonicera maackii
Honeysuckle, Japanese
Lonicera japonica
Honeysuckle, Morrow
Lonicera morrowii
Honeysuckle, Tatarian
Lonicera tatarica
Knotweed, Japanese
Polygonum cuspidatum
Purple loosestrife
Lythrum salicaria
Rose, multiflora
Rosa multiflora
Reed grass
Phragmites australis
Reed canary grass
Phalaris arundinacea
Autumn olive
Buckthorn
Garlic mustard
Watch List
Common Name
Black swallow-wort
Cat-tail hybrid
Dog rose
Honeysuckle, showy pink
Knapweed, spotted
Kudzu
Mile-a-minute
Small-flowered hairy willow herb
Spurge, leafy
Water-cress
Scientific Name
Vincetoxicum nigrum
Typha x glauca
Rosa canina
Lonicera x bella
Centaurea maculosa
Pueraria lobata
Polygonum perfoliatum
Epilobium parviflorum
Euphorbia esula
Rorippa nasturtium-aquaticum
Amur honeysuckle
Multiflora rose
Photos from: ODNR, DNAP Invasive Species
Brochure :
http://www.dnr.state.oh.us/dnap/invasive/invasivebroc
hure.htm
5.3.2 Plant Native Vegetation
Japanese honeysuckle
Morrow honeysuckle
Trees and Shrubs Recommended for Greenways:
Common Name
Scientific Name
Box Elder
Acer negundo
Silver, Red or Sugar Maple
Acer spp.
Hackberry
Celtis occidentalis
Honey Locust
Gleditsia triacanthos
American Sycamore
Plantus occidentalis
Eastern Cottonwood
Populus deltoides
Paw-Paw
Willow
Salix spp.
Eastern Wahoo
Spicebush
Tatarian honeysuckle
Japanese knotweed
5.3.3 Clean Ups
It is important to pick up litter as you see it, keeping it out of roadsides,
parks and storm drains that go to rivers and streams. For large-scale
community clean-up efforts, many programs are available for assistance: the
local watershed groups and “Plant Pride, Not Litter”, an awareness
campaign developed by ODNR, Division of Recycling and Litter Prevention,
celebrated each April.
The campaign is designed to support the efforts of Ohio’s local recycling and
litter prevention programs and to inform citizens about the need to keep the
state’s public areas, waterways, communities and neighborhoods clean and
litter-free.
Purple loosestrife
Photos from: ODNR, DNAP Invasive Species
Brochure : http://www.dnr.state.oh.us/dnap/invasive/
The “Plant Pride, Not Litter” Community Support Package will:
44
•
Raise public awareness about the “Plant Pride, Not Litter” Month
•
Assist in recruiting volunteers for cleanups
•
Assist in recruiting community leaders
•
Help in soliciting corporate support
•
Provide media tools to assist in promoting local cleanup activities
•
Raise the level of pride in Ohio
http://www.dnr.state.oh.us/recycling/plantpride/csp.htm
SWACO operates a litter reporting program called Nail-A-Dumper; report
littering to 1-800-871-5322 or www.nailadumper.com
5.3.4 Signage
It is important to sign your greenway boundary and greenway trails for
increasing attention to the greenway and for trail safety and educational
purposes.
Central Ohio Greenway Trails: Developing an Identity. Kolar Design, Inc.
developed an identity for the Central Ohio Greenway Trail system. Kolar
Design was hired by Columbus Recreation and Parks, MORPC-Greenways
Program and the Columbus and Franklin County Metro Parks to develop an
identity for the Greenway Trails in Central Ohio; advertising them as a
connected partnership system and ease use and visibility of the Greenways
for the public. A website has been developed
(www.centralohiogreenways.com ) as well as a signage system to promote
the Greenways on roads, on major trail-heads within park systems (e.g.
kiosks), on the greenways trail itself with directional signs at decision points
along the greenway, using mile markers, interpretive signs that tell the story
Clean up volunteers remove tires and trash
debris from along the Olentangy Greenway,
May 2006.
of the community, ecology, history, and use of regulatory signs (stop, yield
etc.) See Appendix XIII. Trail Signage System for signage system graphics.
Please contact MORPC-Greenways Program for guidance on incorporating
the signage into your greenway system 614-233-4178 or [email protected].
5.3.5 Long Term Sustainable Funding for Management of Protected Lands
In order to properly manage greenways and trails, a dedicated maintenance
fund should be secured for long-term use and protection. There are a few
mechanisms to do this depending on the structure of your agency or
organization.
This photo of the Westerville Bikeway / Ohio
to Erie Trail, demonstrates the use of signage
and pavement markings to improve
intersection safety.
For example, The Nature Conservancy (TNC), a nonprofit land trust,
dedicates 20% of the land purchase price toward a general stewardship
fund. As the fund grows, TNC can sustain and maintenance and
management costs from the interest and stock receipts.
A dedicated portion of your budget should be allocated towards
maintenance and management of protected lands.
Partnerships (private and public) can be the key ingredient to successful land
management especially during trying economic times. Partnering with
community groups to conduct clean-ups, invasive species removal and trail
cleaning can save scarce resources. NOTE: coordinating and managing
volunteers takes time. To recruit and retain volunteers, you need to budget
for reward / recognition programs (awards, t-shirts, water bottles). Don’t
forget to provide training to your volunteers so they are clear as to what you
want them to do for you.
46
TRAIL DESIGN & SPECIFICATIONS
Greenway trails are built of many different materials and serve a wide variety
of users. Oftentimes, they are shared use paths for pedestrians, cyclists,
skaters and joggers, also referred to as multi-purpose trails. There are a host
of sources for detailed planning and design information, but this general
information can help get the process started:
5.4.1 Trail Surfaces
Asphalt surfacing is one of the most common materials used in greenway
trail development. The benefits are many: the hard surface helps to keep
subsurface materials in place, it is cost effective, it can last 10 to 20 years if
built right, repairs are possible and people with the knowledge to make
repairs are easy to locate. Asphalt is the preferred surface of bicyclists, in-line
skaters, and some walkers.
Here are some general specifications (provided by Columbus Recreation and
Parks):
Width: 8’-10’ min. to accommodate cyclists, walkers and joggers;
10’ -12’min. for higher use paths. 8’ is appropriate if there is a lack of space,
or for lighter use situations.
Base: 6” depth of compacted 304 limestone, placed on a compacted subbase. Greenway trails are often in difficult places to construct paths, and
soft subgrade, roots and drainage are critical issues that must be addressed
to ensure life expectancy of asphalt paths.
Asphalt: 2.5”- 3” min. Asphalt is usually placed in two “lifts”, 1.5” of base
asphalt and 1.25 - 1.5” of surface course. Specifications must be clear on
installation, as many maintenance issues can arise from poorly compacted,
poorly spread, or poorly aligned paving.
Concrete should be used where frequent flooding is expected, ADA ramps
are to be placed, walks and paths intersect, or narrow sections where asphalt
Partners gather to view relocated historic
bridge, which was transformed into a
pedestrian bridge for the Alum Creek
Greenway Trail.
paving is difficult. When built on a compacted base and when fitted with
transverse joints, Portland Cement Concrete (PCC) surfaces have a 20-year
life. Use 4” of Portland Concrete over 4” of aggregate base. For traffic areas,
where trail maintenance vehicles are going to typically drive, increase the
depth to 6” thick. For smoothness, sawcuts should be used for transverse
joints (5 ft. maximum spacing when PCC is 4” thick), and the surface should
be given a broom or burlap drag finish for skid resistance.
Limestone screenings paths have been in use for many years and offer a
distinct alternative to rigid pavements. Limestone surfaces have some slight
water absorbing capability, a more giving surface, and users tend to travel
more slowly. It is an ADA acceptable surface, but does not permit roller
blading. Some designers prefer the look of a natural stone surface.
Maintenance of a screenings path is more frequent, and the fines tend to
wash with rain and snow. Screenings should not be used on any path areas
where cross drainage or low spots are located, as ruts and pot holes will
develop. However, seasonal grading of the path with a small tractor and
grader blade will easily return the level surface. Thus one of the advantages
is the low cost of maintaining the path. Some communities start with
screenings paths as a cheaper initial trail, and then later pave with asphalt, as
the screenings base is ideal for blacktop.
The Olentangy Greenway Trail is an asphalt
paved trail.
Typical specifications are to install 4” min. depth of compacted 304, then
surface with 2” of compacted screenings.
In terms of costs, concrete paths are more expensive to build than asphalt
paths, but long-term maintenance costs are lower, since they do not become
as brittle, cracked and rough with age, or deformed by roots and weeds as
does asphalt (Oregon Bicycle and Pedestrian Plan – 1995). However, asphalt
is easy to repair, replace or resurface. When re-paving asphalt paths, the
48
existing asphalt should be milled (ground-up) and recycled in the existing
path as new base.
5.4.2 Other design standards
Horizontal clearance: 3’ min. distance from walls, poles, sign posts, trees etc,
each side.
Vertical clearance: 15’ desired, 10’ min.
Grade: 5% maximum.
Cross Slope: 2% edge-to-edge
Width: 10’-12’ wide pavement surface,
Shoulders: 2’ each side, min.
Stormwater Considerations:
Oftentimes trails cross multiple storm water jurisdictions, and like
environmental permits, each trail building entity should submit their layout
plan to the appropriate agency. When designing a trail, do not interfere with
natural storm water systems if at all possible, and if the path must cross a
natural swale, use only the minimum length of culvert necessary. Make
certain that the culvert has enough capacity to handle a large storm event, as
many paths have been damaged by structures that are too small. To be sure
that the pipe or footbridge is not too large or small, many designers will look
at the opening size of the nearest pipe or culvert along the drainage course,
as often this is close to the size of what your path will need.
If possible, allow for cross drainage of the path, rather than a small ditch on
either side. Providing a 2% minimum cross slope on a trail usually removes
the necessity of further ditching along the berms, and keeps the natural
drainage system intact. Ditching creates more costs and long term
maintenance.
The Scioto Mile, Downtown Columbus
incorporates river access through a 100 foot
boat ramp in North Bank Park.
5.4.3 Trail Maintenance
Many park systems mow a minimum 3’ berm on both sides of the path. This
allows for user safety. Annual removal of invasive shrubs and overhanging
limbs is to be expected. Sweeping a trail with a power brush, if possible, is
highly desirable during spring and fall, as leaves and mud can accumulate
and create a slippery condition. Sweeping also extends the life of rigid
pavements, as they will dry out faster.
Friends of Madison County Parks & Trails
helped develop the Trail Sentinel Program.
Equipment provided for the program include
a Trail Sentinel vest and helmet cover, basic
bike repair tool kit, basic first aid kit, and a
carry-case for items. For more information,
see http://www.fmcpt.com or contact
[email protected]
5.4.4 Safety
Trail safety is an important consideration in developing greenway trails.
Planning must consider the sight distance for users, both for safe passage
and for visibility. Increased visibility enhances the sense of security. Many
communities involve local law enforcement in initial trail design to look at
emergency access and potential concerns. Try to avoid design that does not
allow for a quick access point. The location must be obvious, but not allow
for any unauthorized vehicle access.
Some communities have chosen to enlist volunteers to patrol their trails and
report safety concerns to the authorities. A local example of this is the
Olentangy Trail Watch. The Columbus Recreation and Parks Department
(CRPD), along with the Columbus Division of Police and the Clintonville
Community Crime Patrol, recently made their first effort to establish a trail
watch program along the 4-mile stretch of the Olentangy Greenway
between Whetstone and Tuttle Parks. "The volunteers will primarily provide
customer service to trail users and will be the eyes and ears of the recreation
and parks department," said Mark Young, assistant director of CRPD. (See
Appendix XIV Volunteer Olentangy Trail Watch Application Form)
50
5.4.5 Environmental Impacts
No community wants to develop greenway trails that end up creating a
negative impact on the sensitive environment they were meant to
appreciate. Trails are sometimes very easy to locate, as there may have
already been an old farm road, access drive, or other useable alignment.
However, often times the path will travel through undisturbed areas, and
poor planning can quickly spread into very destructive on-site construction
situations. If possible, an environmental professional should walk the
proposed alignment with the trail design team, to determine what natural
conditions are present and what may need to be avoided. All trail
development plans must be specific in instructions to bidders regarding
erosion control, limits of work, access points and tree protection. There are
also several state and federal regulations regarding appropriate work seasons
and schedules.
It should be assumed when planning begins some environmental permitting
requirements for a trail will be likely. Stream crossings, work along a river
bank, wetland impacts and setbacks are often reviewed. It is best to involve
the permitting agencies as soon as possible during the design development,
as many potential red flags can be avoided or solved before the final plans
are completed.
References or additional help:
Columbus Recreation and Parks Greenways Planning 614-645-2441
Columbus & Franklin County Metro Parks Planning and Design
614-891-0700
ODOT Bikeway Standards Website:
www.dot.state.oh.us/bike/New%20Downloads/Independent%20Facilities.pdf
MORPC Shared Use Paths, Best Practices and Pilot Treatments:
http://www.morpc.org/web/transportation/bikepedplan.html
Photo demonstrating well lit trail underpass.
APPENDIX I. Central Ohio Watershed and Trail Organization Contact Information
Darby Creek Association, John Tetzloff, Chair. Phone: 614-276-4550 www.darbycreeks.org
Delaware County Friends of the Trail Andrew Brenner, President. Phone: 740-965-2646 www.gbgm-umc.org/galena/DCFT.htm
Fairfield Heritage Trail Association, Ira Weiss, President. Phone: 614-864-0808 www.lancaster-oh.com/heritage/
Friends of Alum Creek & Tributaries (FACT), Kimberly Williams, Watershsed Coordinator. Phone: 614-409-0511
www.friendsofalumcreek.org
Friends of Big Walnut Creek & Tributaries, Susann Moeller, Watershed Coordinator. Phone: 614-470-9699
www.friendsofbigwalnutcreek.com (includes Friends of Blackick Creek & Rocky Fork Watershed Protection Task Force)
Friends of the Lower Olentangy Watershed (FLOW), Heather Dean, Watershed Coordinator. Phone: 614-267-3386
www.olentangywatershed.org
Friends of Madison County Parks and Trails. Phone: 740-852-8623 www.FMCPT.com Email: [email protected]
Friends of the Ravines, Martha Buckalew, Chair. Email: [email protected] www.friendsoftheravines.org
Friends of the Scioto River, Alex Silbajoris, Chair. Phone: 614-560-6921 www.geocities.com/fosrfc/scioto.html
Ohio To Erie Trail Fund Jerry Rampelt, Executive Director. Phone: 614-267-2915 www.ohiotoerietrail.org
Olentangy Watershed Alliance, Bob Bargar, Chair. Phone: 740-369-8270 www.olentangyriver.org
Rails to Trails Conservancy- MidWest Chapter Rhonda Border-Boose, Executive Director. Phone: 614-837-6782 www.railtrails.org
Scioto River Valley Federation, Joseph Roden, Chair. Email: [email protected]
Upper Scioto River Watershed Partnership & Upper Big Walnut Creek Water Quality Partnership, Ed Miller, Delaware Soil & Water
Conservation District. Phone: 740-368-1921 www.delawareswcd.org
Walnut Action Group, Bill Yaple, Chair. Email: [email protected]
2
Appendix II. Listing of Local Funding Sources
Grants/Programs
Greenway System
Applications
Annual Allocation/Deadline
Contact Information
Five-Star Restoration Challenge
Matching Grants
Supports community-based
wetland, riparian
restoration projects that
build diverse partnerships
and foster local natural
resource stewardship
through education,
outreach and training
activities.
In 2003, 56 projects received
grants of an average
$10,000 out of 240
applications received.
National Fish & Wildlife Fund
Prefer a 2:1 match.
Tom Kelsch
March 1st deadline
[email protected]
Supports projects that directly
address conservation of
priority bird habitats in
the Western Hemisphere.
Acquisition, restoration,
and improved
management of habitats
are program priorities.
Approximately $100,000 is
available each grant cycle.
The average award to date
has been about $40,000. In
2003, about 10% of preproposals that were
submitted were funded.
Deadlines for the Migratory Bird
Conservancy are the same as
those for the National Fish and
Wildlife Foundation’s General
Matching Grant Program
(www.nfwf.org;
http://www.nfwf.org/programs/
grant_apply.htm).
Migratory Bird Conservancy
Require at least a 1:1 match.
Deadlines for submitting a preproposal are September
and full proposal October.
www.nfwf.org/programs/5starrfp.htm
Applicants are strongly urged to
contact Peter Stangel (404-6797088; [email protected]) to
discuss their project idea prior
to submitting a pre-proposal.
Grants/Programs
Greenway System
Applications
Annual
Allocation/Deadline
Contact Information
Land & Water
Conservation Fund
Program
Provides funds for acquisition
and development of needed
land and water areas and
facilities for recreation.
These grants provide up to
50 percent reimbursement
for outdoor recreation
projects.
February
ODNR-REALM
Through this program, a total of
$200 million in bonds were
issued to provide a longterm source of funds for the
maintenance and
improvement of Ohio’s
parks and natural resource
facilities. In addition, local
governments are eligible for
more than $40 million in
Nature Works grants to
assist community parks and
recreation projects. Local
governments can apply for
up to 75 percent
reimbursement grants (state
funding) for acquisition,
development, or
rehabilitation of public park
and recreation areas.
Deadline: February 1st each
year.
Nature Works – Local
Parks & Recreation
Grants
http://www.dnr.state.oh.us/grants.ht
m
Dameyon Shipley at (614) 265-6646
or via e-mail at
[email protected].
us
ODNR-REALM
http://www.dnr.state.oh.us/grants.ht
m
Dameyon Shipley at (614) 265-6646
or via e-mail at
[email protected].
us
4
Grants/Programs
Greenway System Applications
Annual Allocation/Deadline
Contact Information
Ohio EPA NPS Mgt Program
(Section 319)
Water quality restoration/protection
solutions that are identified in a TMDL
or WAP, this can include riparian
corridor restoration or protection
(through conservation easements).
$5 million in 2005.
Ohio EPA Division of Surface
Water
Deadline – early spring each year.
40% non-federal match required
(of total project cost)
Recreational Trails Program
Up to 80 percent matching federal funds is
reimbursed.
February 1st each year.
http://www.epa.state.oh.us/
dsw/nps/319Program.ht
ml
For additional information
on Ohio EPA’s Section
319 and Nonpoint
Source Control
Program, contact Gail
Hesse at (614) 6442146.
ODNR – REALM
Mary Fitch, ODNR,
-Eligible projects include development of
urban trail linkages, trail head and
trailside facilities; maintenance of
existing trails; restoration of trail areas
damaged by usage; improving access
for people with disabilities; acquisition
of easements and property;
development and construction of new
trails; purchase and lease of
recreational trail construction and
maintenance equipment; environment
and safety education programs related
to trails.
Divisionof Real Estate and
Land Management,
1952 Belcher Drive, C-4,
Columbus, Ohio 43224,
614-265-6477
[email protected]
Grants/Programs
Greenway System Applications
Annual Allocation/Deadline
Contact Information
MORPC Attributable
Funding Programs: All
are Federal Aid
Reimbursement
Programs that need
approval of ODOT and
the Federal Highway
Administration
(see programs below)
All programs have an application
deadline of July 30
http://www.morpc.org/web/department
s/transportation/tip/morpcfunds.ht
ml
MORPC
All programs have a 20% cash
match requirement.
285 East Main Street
Columbus, Ohio 43215-5272
614-233-4147, or [email protected]
Transportation Enhancement
Funding Program (TEP)
Pedestrian and bicycle facilities –
MORPC
Pedestrian and bicycle safety
and education activities –
285 East Main Street
Acquisition of scenic or historic
easements and sites –
Columbus, Ohio 43215-5272
614-233-4147, or [email protected]
Landscaping and scenic
beautification –
Historic Preservation –
Conversion of abandoned
railway corridors to trails –
Environmental mitigation of
runoff pollution and of
wildlife connectivity
6
Grants/Programs
Greenway System
Applications
Annual
Allocation/Deadline
Contact Information
Congestion Mitigation Air Quality
Improvement Program(CMAQ) –
Bicycle and pedestrian facilities
and programs are eligible.
Programs for new
construction and major
reconstructions of paths,
tracks or areas solely for the
use by pedestrians or other
non-motorized means of
transportation when
economically feasible, and
in the public interest
programs for secure bicycle
storage facilities.
$11 million to Central Ohio
governments, park
districts or eligible
agencies every two years.
Mr. Nate Vogt, CMAQ Program
Coordinator
Types of recreation facilities
rehabilitated have included
playgrounds, recreation
centers, neighborhood
parks, ball fields, tennis
courts and basketball
courts, swimming pools,
picnic areas and multiuse
exercise trails.
The funding for this program
was eliminated in 2004.
This fund may be
revitalized in the future.
Reimbursement Federal Aid Program.
The purpose of the CMAQ
program is to fund
transportation projects or
programs that will contribute to
attainment or maintenance of
clean air standards.
Urban Park & Recreation Recovery
Program (projects in Columbus
eligible)
20% cash match required.
The Mid-Ohio Regional Planning
Commission
285 East Main Street
Columbus, Ohio 43215-5272
Deadline: July 30th
614-233-4147,[email protected]
Midwest Region
601 Riverfront Drive
Omaha, NE 68102
Telephone: 402-661-1540
Grants/Programs
Greenway System
Applications
Annual Allocation/Deadline
Contact Information
Columbus Foundation –
Competitive Grant
Program:
Conservation
“Conservation” includes
programs, education, and
land acquisition related to
the preservation of the
environment,
conservation of natural
resources, and protection
of wildlife.
November
Grant proposals (originals and requisite
copies) must be received by the
Foundation at 1234 East Broad Street.
Columbus Foundation –
Special Grants
Neighborhood Partnership
Program: grants have
been made for projects
such as park
improvements and
playgrounds, mentoring
and youth activities, and
neighborhood capacity
building.
Awards range between $250$15,000.
Grant proposals (originals and requisite
copies) must be received by the
Foundation at 1234 East Broad Street.
This is separate from the
money the foundation
awards in its competitive
grant program. This fund
is for watershed and/or
ravine protection &
restoration efforts.
Awards range between $250$1,000.
Columbus Foundation –
Conservation Fund
Deadline March 1st and August
Contact the Columbus Foundation.
Deadline August.
8
Clean Ohio Funds
Grants/Programs
Greenway System
Applications
Annual Allocation/Deadline
Contact Information
Trails Fund
Provides up to 75% of the
project costs for eligible
trail acquisition and
development costs.
February 1st each year.
Mary Fitch, ODNR,
Division of Real Estate and Land
Management,
6.25 million available per year.
1952 Belcher Drive, C-4, Columbus, Ohio
43224,
614-265-6477
[email protected]
Conservation Fund
(Greenspace)
Projects that protect species
habitat and work to
improve water quality.
Check website for updates.
NRAC District 3 – Franklin County
c/o Wilma Yoder
Mid-Ohio Regional Planning Commission
285 E. Main Street
Columbus, Ohio 43215
614-233-4175 or [email protected]
http://www.morpc.org/web/cleanohio/Clea
nOhioRd4/Round4COCF.htm
Loans & Affiliated Programs
Water Pollution Control
Loan Fund
Fund originally designed for low-interest loans
for planning, design and construction of
qualifying wastewater treatment work
projects. Now includes stream restoration/
Loans can be applied for year
round. $327 million was
available in 2003.
Ohio EPA-DEFA
PO Box 1049
Columbus, OH 43216-1049
protection; brownfield cleanup; landfill closure;
agricultural improvements.
614-644-3655
[email protected]
Water Resource
Restoration
Sponsor
Program(WRRSP)
Includes riparian easement purchase/protection;
wetland/stream protection; water resource
restoration implementation. Half the
funding is allocated towards TMDL related
projects; the other half distributed
statewide.
Approximately $15-20 million
dollars statewide/year.
Grants are dependant upon
contracts with Sewer
District loan funds.
Ohio EPA-DEFA
Bob Monsarrat
PO Box 1049
Columbus, OH 43216-1049
614-644-3655
[email protected]
10
Appendix III. Sample Real-Estate Purchase Contract
REAL ESTATE PURCHASE CONTRACT
The undersigned Buyer agrees to buy and the undersigned Seller agrees to sell upon the
terms hereinafter set forth in this Real Estate Purchase Contract (this “Contract”), the parcel
of real property located in the Township of ________, County of _____________, State of
Ohio, consisting of approximately ____ acres and any and all improvements located
thereon (the “Property”), as described more particularly on Exhibit A, attached hereto and
made a part hereof. As used herein, the “Effective Date” shall mean the date that this
Contract is duly executed by both Buyer and Seller.
1.
The Purchase Price: The Purchase Price shall be $_____________________
(_____________________________) per net acre, as determined by the survey
referenced in Section 2(b). For purposes hereof, the term “net acre” shall be
computed by subtracting from the gross acreage of the Property the acreage
comprised of all public and dedicated roads, highways, and streets or rights-of-ways
within the perimeter of the Property.
2.
Contingencies: Buyer’s obligation to purchase the Property is subject to the
satisfaction or waiver by Buyer of the contingencies described herein (the
“Contingencies”) within 120 days of the Effective Date (the “Contingency Period”),
except for any Contingencies for which a different period is specified, which period
shall control. Buyer shall use reasonable efforts to satisfy the Contingencies or allow
Seller to satisfy the Contingencies to be satisfied by it; provided, however, that with
respect to any Contingency whose satisfaction or waiver requires Buyer’s approval
or determination, the satisfaction or waiver of such Contingency shall be within
Buyer’s sole discretion.
(a) Title. Within twenty (20) days of the Effective Date or such longer period
agreed to by Buyer and Seller, Seller shall provide to Buyer at Seller’s expense
a commitment for an owner’s policy of title insurance issued by a title insurance
company selected by Buyer (the “Title Company”) with respect to the Property
(the “Title Commitment”). The Title Commitment shall be certified to within ten
(10) days prior to Closing with endorsement as of 8:30 A.M. on the business
day prior to the date of Closing and shall show in Seller marketable title in fee
simple free and clear of all liens and encumbrances except: (i) those created
by or assumed by Buyer; (ii) those specifically set forth in this Contract; (iii)
zoning ordinances; (iv) legal highways; and (v) covenants, restrictions,
conditions and easements of record which do not interfere with or restrict the
use of the Property contemplated by Buyer. If title to all or part of the Property
is unmarketable, as determined by Ohio law with reference to the Ohio State
Bar Association’s Standards of Title Examination, or is subject to liens,
encumbrances, easements, conditions, restrictions or encroachments other
than those excepted by this Contract, Seller shall within thirty (30) days after
written notice thereof, remedy or remove any such defect, lien, encumbrance,
easement, condition, restriction or encroachment, or obtain title insurance
without exception therefor. At Closing, Seller shall sign an affidavit with
respect to off-record title matters as required by the Title Company and Buyer.
The issuance of a title insurance policy pursuant to the Title Commitment (the
“Title Policy”) is a condition subsequent to Buyer’s obligation to proceed to
Closing under this Contract. The Title Policy shall be in a form acceptable to
Buyer and in the amount of the Purchase Price, showing title to the Property
vested of record in Buyer in fee simple, subject only to any matters approved or
waived by Buyer, any matters shown on the Survey and not objected to by
Buyer and any other matters that Buyer has approved in writing.
(b) Survey. Within thirty (30) days of the Effective Date or such longer period as
agreed to by Buyer and Seller, Seller shall, at its own cost and expense, furnish
Buyer with a survey of the Property, together with certification of the surveyor
as may be required by Buyer (the “Survey”). If the Survey is not received by
Buyer within said thirty (30) day period, each day thereafter until the Survey is
received shall add an additional day to the Contingency Period specified in
paragraph 2. The Survey shall satisfy the most recent “Minimum Standard
Requirements for ALTA/ACSM Land Title Surveys,” jointly established and
adopted by ALTA and ACSM, and shall meet the accuracy requirements of a
Class A Survey as defined therein. The survey shall also be prepared as
required by the __________ County Engineer to permit legal transfer of the
property. If the Survey reveals any exceptions to title that are not acceptable to
Buyer or any matters affecting the Property that are not acceptable to Buyer
(“Survey Exceptions”), Buyer may notify Seller of such Survey Exceptions
within thirty (30) days after Buyer’s receipt of the last of the Title Commitment
or Survey (the “Survey Notice”), whereupon Seller shall have the right, but not
12
the obligation, within thirty (30) days after receipt of the Survey Notice (the
“Survey Cure Period”), to cure any disapproved Survey Exceptions. If Seller
does not cure such Survey Exceptions within the Cure Period, or notifies Buyer
that it does not intend to cause such cure, Buyer shall have the right to
terminate this Contract or to waive the Survey Exception.
(c) Environmental Conditions. Buyer shall determine on or before the end of the
Contingency Period whether the soils, ground water, topography and geology
of the real property on or about the Property are acceptable to Buyer. If such
environmental condition is not acceptable to Buyer, Buyer shall notify Seller of
such during the Contingency Period, whereupon Buyer shall have the right to
terminate this Contract. During the Contingency Period, Buyer may inspect
and review any records relevant to the Property maintained by the Ohio EPA,
U.S. EPA, the State Fire Marshal’s Bureau of Underground Storage Tank
Regulations, the _____________County Health Department, and any other
regulatory or governmental agency, and may consult and confer with any such
agencies concerning any environmental conditions at the Property.
(d) Inspection. Buyer shall have the right to inspect the Property at any time
during the Contingency Period and shall promptly notify Seller of any objections
Buyer has as to the condition of the Property. If Seller fails to cure the
components of the Property subject to Buyer’s objection to Buyer’s satisfaction
within thirty (30) days notice thereof, or the objections are not reasonably
capable of cure, Buyer shall have the right to terminate this Contract.
(e) Easements; Access Rights. Buyer shall secure any and all easements, rights
of way, consents, amendments, variances, permits and or approvals from third
parties as are necessary in order to permit Buyer to have ingress and egress to
and full use and enjoyment of the Property in the manner and for the purposes
contemplated by Buyer.
(f)
3.
Board Approval. This Contract must be approved and authorized at a regular
or special Board meeting of Buyer. This transaction shall be subject to the
review and approval of the _________________________________. If the
Board does not approve this Contract, said Contract shall be null and void.
Closing: The closing of the purchase and sale of the Property (the “Closing”) shall
be on such time, place and date as are mutually agreeable to Buyer and Seller but
in no event shall occur on a date which is later than sixty (60) days from the end of
the Contingency Period. In addition to the contingencies provided in this Contract,
Buyer’s obligations under this Contract are subject to and contingent upon the
occurrence of the following on or before the date of Closing: (a) Buyer shall have
received final approval of this Contract at a regular or special board meeting of
Buyer; (b) all of Seller’s representations and warranties hereunder shall remain true
and correct; (c) no moratorium, statute, order, regulation, ordinance or judgment of
any court or governmental agency shall have been enacted, adopted, issued or
initiated that would materially and adversely affect the Property or Buyer’s use
thereof as contemplated herein; (d) all Contingencies shall have been satisfied or
waived, and no facts or circumstances on which such satisfaction or waiver is based
shall have changed since the date of such satisfaction or waiver; (e) the Title
Company shall have issued its Title Commitment; (f) Seller shall have delivered all
other documents and other deliveries listed in paragraph 4 hereof; and (g) all other
conditions to Buyer’s obligations to proceed to Closing which are set forth in this
Contract shall have been satisfied. Buyer shall receive possession of the Property at
Closing.
4.
Deliveries:
(a) Seller’s Deliveries at Closing. At Closing, Seller shall deliver the following
documents and materials, all of which shall be in form and substance
reasonably acceptable to Buyer: (i) a duly executed and acknowledged Deed
(as defined in paragraph 6); (ii) a certificate duly executed by Seller that as of
the date of Closing, all representations and warranties by Seller set forth in
this Contract remain true and correct; (iii) a non-foreign certification duly
executed by Seller under penalty of perjury, certifying that Seller is not a
“foreign person”, pursuant to Section 1445 of the Internal Revenue Code of
1986, as amended (“Section 1445”) (If Seller shall fail or be unable to deliver
the same, then Buyer shall have the right to withhold such portion of the
Purchase Price as may be necessary, in the opinion of Buyer or its counsel, to
comply with Section 1445.); (iv) a general instrument of transfer, pursuant to
which Seller shall convey and assign to Buyer all of Seller’s right, title and
interest in and to all personal property and other rights of Seller relating to the
Property (“General Instrument of Transfer”); (v) such affidavits and indemnities
as the Title Company may reasonably require in order to omit from the Title
Policy all exceptions for (1) parties in possession, (2) mechanic’s liens, (3)
unrecorded assessments and other matters an accurate survey of the Property
14
would disclose, and (4) nondelinquent real estate taxes, water and sewer and
other charges of municipal and governmental authorities and utility companies;
and (vi) closing statements showing documents, closing costs and prorations,
calculated in accordance with paragraph 5 hereof, in form and substance
satisfactory to Buyer and Seller (the “Closing Statements”).
(b) Buyer’s Deliveries at Closing. On the date of Closing, Buyer shall: (i) deliver
at the Closing the Purchase Price for the Property (plus any additional funds
necessary to pay Buyers’ share of closing costs and prorations, minus any
credits granted to Buyer as set forth herein) in immediately available funds; and
(ii) sign the Closing Statements.
5.
Closing Costs and Prorations: At the Closing, closing costs shall be paid and
prorations made as follows:
(a) Closing Costs. Except as otherwise expressly provided herein, Seller shall
pay at the Closing: the costs of releasing any mortgage, financing statement,
or other debt security, or any attachments, assessments, delinquent real estate
taxes or mechanic’s or materialmen’s liens outstanding against the Property;
the costs of the Title Policy; the costs of the Survey; the costs of curing,
remedying or removing any Contingencies that Seller elects to cure, remedy or
remove; and any sales or use taxes. Buyer and Seller shall share equally the
cost of any Closing fees charged by the Title Company. Buyer and Seller shall
each pay their own attorneys fees. Buyer shall pay the costs of recording the
Deed and any special endorsements to the Title Policy not required to cure a
title objection or Survey Exception. Buyer shall be responsible for any
conveyance fees associated with this transaction.
(b) Prorations. All prorations shall be made as of 12:01 a.m. on the date of
Closing, so that for purposes of prorations only, Buyer shall be deemed an
owner of the Property throughout such day. Unless otherwise specified herein,
all matters shall be prorated on an accrual basis. Any matters whose proration
is not specifically covered in this Section shall be prorated in accordance with
customary procedures in the county where the Property is located. As used
herein, “Taxes” shall include all real property taxes and assessments relating to
the Property. As of the date of closing, Seller shall pay or credit to the purchase
price all delinquent Taxes, including penalties and interest, all assessments
which are a lien on the Property as of the date of Closing, if any, and Seller
shall pay or credit to the purchase price an amount equal to all Taxes not yet
due and payable as of the date of Closing based upon a 365-day year. If Taxes
are undetermined, Taxes shall be based upon the most recently available tax
bill for the Property, giving effect to applicable exemptions, recently voted
millage, change of valuation, etc., whether or not certified. If the actual tax bill
for the year of Closing indicated the Taxes exceeding those prorated at
Closing, or if any additional or supplemental Taxes are assessed against the
Property for back assessments, corrections to previous tax bills or other events
occurring before the date of Closing, then Buyer shall have the option to so
notify Seller, upon receipt of which notice Seller shall pay to Buyer the amount
of such excess taxes due within ten (10) days after receipt of such notice. The
obligations contained in this paragraph shall survive the Closing.
6.
Deed: Seller shall convey to Buyer marketable title in fee simple by transferable
and recordable general warranty deed free and clear of all liens and encumbrances
not excepted by this Contract (the “Deed”).
7.
Damage or destruction of property: Risk of loss to the real estate and
appurtenances shall be borne by Seller until Closing provided that if certain
Property covered by this Contract shall be substantially damaged or destroyed
before this transaction is closed, Buyer may (a) proceed with the transaction and
be entitled to all insurance money, if any, payable to Seller under all policies
covering the Property, or (b) rescind the Contract and thereby release all parties
from liability hereunder, by giving written notice to Seller within ten (10) days after
Buyer has written notice of such damage or destruction. Failure by Buyer to so
notify Seller shall constitute an election to proceed with the transaction.
8.
Income-producing agreements: Seller shall convey any and all interest in leases
or income-producing agreements relative to the Property that may be in effect as of
the date of Closing, and will execute such assignments or other instruments as
necessary to effectuate such conveyances.
9.
Seller’s Representations and Warranties: As a material inducement to the
execution and delivery of this Contract by Buyer and the performance by Buyer of
its duties and obligations hereunder, Seller does hereby warrant and represent to
Buyer as of the Effective Date and as of the date of Closing:
16
(a) Information. Except as set forth herein, Seller is unaware of any information
affecting the Property that has or would have a material adverse impact on
Buyer’s ability to use, lease and operate the Property as contemplated by
Buyer.
(b) Legal Compliance. Except as disclosed to Buyer, Seller has no knowledge of
any past or continuing violation or alleged violation of any legal requirement
affecting the Property; including, without limitation, any past or continuing
violation or alleged violation of any local, state or federal environmental,
zoning, subdivision, fire or other law, ordinance, code, regulation, rule or order.
In addition to the foregoing, the Property complies with all applicable building
and zoning codes and all laws, statutes, codes ordinances, rules and
regulations relating to the environment.
(c) Litigation. Seller has no knowledge of any pending or threatened claims,
actions, suits, litigation or governmental proceeding affecting the Property.
(d) Other Agreements. To Seller’s knowledge, there are no agreements or
understandings, oral or written, with any person, entity or governmental
authority affecting the Property which could give rise to claims affecting the
Property.
(e) Governmental Actions. Seller has no knowledge of any threatened or
pending condemnation or eminent domain proceeding, special assessment,
rezoning or moratorium affecting the Property.
(f)
Boundary or Drainage Disputes. To the best of their knowledge there are no
boundary or water drainage disputes about which they have received notice
with the owners of any adjacent properties.
(g) Due Authorization. Seller has full power to execute, deliver and carry out the
terms and provisions of this Contract and has taken all necessary action to
authorize the execution, delivery and performance of this Contract. The
individual executing this Contract on behalf of Seller has the authority to bind
Seller to the terms and conditions of this Contract.
(h) Environmental Matters. To the best of Seller’s knowledge, the Property is not
in violation of any Environmental Law, as defined below, and Seller has no
knowledge of (i) the presence on or about the Property of any Hazardous
Materials, as defined below; (ii) any release or threatened release of any
Hazardous Materials on or affecting the Property; or (iii) the existence of any
underground storage tanks on or about the Property. Seller has received no
notice of any investigation or proceeding by any governmental agency
concerning the presence or alleged presence, release or threatened release of
Hazardous Materials on the Property. The term “Environmental Law” includes
any federal, state or local law, ordinance or regulation pertaining to health,
industrial hygiene, waste disposal, or the environment, including, without
limitation: the federal Comprehensive Environmental Response, Compensation
and Liability Act of 1980, the federal Superfund Amendments and
Reauthorization Act of 1986, the federal Resource Conservation and Recovery
Act of 1976, the federal Clean Air Act, the federal Water Pollution Control Act
and federal Clean Air Act of 1977, the federal Insecticide, Fungicide and
Rodenticide Act, the federal Pesticide Act of 1977, the federal Toxic
Substances Control Act, the federal Safe Drinking Water Act, the federal
Hazardous Materials Transportation Act, and any amendments thereto and
regulations adopted and publications promulgated pursuant thereto. The term
“Hazardous Materials” includes oil and petroleum products, asbestos,
polychlorinated biphenyl, radon and urea formaldehyde, and any other
materials classified as hazardous or toxic or as pollutants or contaminants
under any Environmental Law.
If Seller has received or at any time does receive notice, knowledge or information as
to the presence, alleged presence, release or threatened release of Hazardous
Materials on or about the Property other than as previously disclosed by Seller to
Buyer, Seller agrees to provide to Buyer all information and data as to such
Hazardous Materials immediately upon receipt of same.
10.
Miscellaneous:
(a) This Contract shall be binding upon the parties hereto, and their respective
successors and assignees. All agreements, representations and warranties by
the respective parties contained herein are intended to and shall remain true
and correct as of the Closing, shall be deemed to be material, and shall survive
the delivery of the Deed and transfer of title. Any covenants and conditions
herein that must be operative after delivery of the Deed to be effective shall be
so operative and shall not be deemed to have been merged in the Deed.
18
(b) This Contract contains all of the covenants, conditions and agreements
between the parties with respect to the subject matter hereof and shall
supersede all prior correspondence, agreements and understandings, both oral
and written to the extent related to the subject matter hereof. The parties intend
that this Contract constitutes the complete and exclusive statement of its terms
and that no extrinsic evidence may be introduced in any proceeding involving
this Contract. This Contract may not be changed or amended orally, but only by
an agreement in writing. No waiver shall be effective hereunder unless given in
writing, and waiver shall not be inferred from any conduct of either party.
(c) All notices required or permitted to be given pursuant to the terms hereof shall
be in writing and shall be delivered either by hand delivery, by overnight delivery
service, by deposit in the United States mail, registered or certified mail,
postage prepaid, or by facsimile transmission provided that in the case of
facsimile transmission a hard copy of such notice shall be delivered on or
before the next Business Day (defined below) by hand delivery or by overnight
delivery service. All such notices shall be addressed to Seller at Seller’s
address set forth on the signature page hereof, and to Buyer at Buyer’s address
set forth on the signature page hereof, with a copy to each of Buyer’s and
Seller’s attorney as set forth on the signature page hereof; except that in the
case of notice by facsimile transmission, the facsimile transmission numbers set
forth on the signature page hereof shall be used. The foregoing addresses (and
facsimile transmission numbers) may be changed by written notice to the other
party as provided herein. Notices shall be deemed received upon delivery if
delivered by hand or by overnight delivery service or by facsimile transmission,
or three (3) days after being sent by registered or certified mail (unless a signed
receipt evidences earlier delivery).
(d) In construing this Contract, all headings and titles are for the convenience of the
parties only and shall not be considered a part of this Contract. Whenever
required by the context, the singular shall include the plural and the masculine
shall include the feminine and vice versa. All exhibits attached hereto are
incorporated in this Contract by reference thereto.
(e) Time is of the essence of every provision herein contained. Whenever the date
or deadline for any action to be taken is not a Business Day, the relevant date
or deadline shall be the next Business Day. As used herein, a “Business Day”
shall mean any day that is not a Saturday or Sunday or a holiday in the State of
Ohio.
(f) This Contract shall be governed by the laws of the State of Ohio.
(g) Each party represents to the other that no broker or finder has been engaged
who may claim a fee or commission in connection with the transaction
contemplated hereby. Each party shall indemnify, defend and hold the other
party harmless from and against any loss, cost or expense, including, but not
limited to, attorneys fees and court costs, resulting from any claim for a fee or
commission by any other broker or finder in connection with the Property or this
Contract as a result of the acts or omissions of such party.
(h) If any provision of this Contract is held to be illegal, invalid, or unenforceable
under present or future laws, such provisions shall be fully severable; this
Contract shall be construed and enforced as if such illegal, invalid or
unenforceable provision had never comprised a part of this Contract; and the
remaining provisions of this Contract shall remain in full force and shall not be
affected by the illegal, invalid or unenforceable provision or by its severance
from this Contract. In lieu of such illegal, invalid, or unenforceable provision,
there shall be added automatically as a part of this Contract a provision similar
in terms to such illegal, invalid or unenforceable provision as may be possible
and be legal, valid, or enforceable.
11.
This offer shall remain open until ________________, 200___.
IN WITNESS WHEREOF, the parties hereto have caused this Real Estate Purchase
Contract to be executed by their respective duly authorized representatives as of the date
set forth below
Signatures and contact information of seller, buyer, attorneys and notarized.
20
Appendix IV. Sample Option Agreement
OPTION AGREEMENT
This Option Agreement (“Agreement”) is made as of __________, 200__ by and between
_____________________________________________,
having
offices
at
_________________________________________ (“Buyer”), and _____________
having an address of ______________________________________ (“Seller”).
In consideration of the mutual promises, covenants, and agreements hereinafter set forth,
and for other good and valuable consideration, Seller and Buyer agree as follows:
1.
Grant of Option. Upon the terms and subject to the conditions set forth in this
Agreement, Seller hereby grants to Buyer the exclusive option to purchase
(“Option”) all of Seller’s right, title and interest in and to the approximately ____
acre tract of real property located at _________________ (the “Property”) as
described on Exhibit A, attached hereto and incorporated herein by this
reference. The foregoing Option may be exercised by Buyer at any time during
the Option Period (as that term is hereafter defined). For the purposes of this
Agreement, the “Option Period” will be deemed to refer to the period beginning
on the date hereof and continuing for _____ days thereafter. Buyer will exercise
the Option, if at all, by delivering written notice thereof (“Exercise Notice”) to
Seller during the Option Period. The closing of Buyer’s purchase of the Property
(the “Closing”) will occur at the time and in the manner described in Paragraph 4
of this Agreement. In consideration of Seller’s grant of the Option, Buyer hereby
agrees that coincident with the parties’ execution of this Agreement it will pay
Seller cash in the amount of $ ______________ (the “Option Consideration”).
The Option Consideration will be applied as a credit against the purchase price
payable by Buyer for its purchase of the Property. Notwithstanding anything
contained herein to the contrary, Buyer’s obligation to purchase the Property in
the event Buyer exercises the Option shall be subject to the satisfaction or waiver
of the contingencies described herein.
2.
Purchase Price. The purchase price of the Property shall be $_____________
payable in cash or other available funds at Closing (as defined in Paragraph 4).
3.
Contingencies. Buyer’s obligation to purchase the Property is subject to the
satisfaction or waiver by Buyer of the contingencies described herein (the
“Contingencies”). Buyer shall use reasonable efforts to satisfy the Contingencies
or allow Seller to satisfy the Contingencies to be satisfied by it; provided,
however, that with respect to any Contingency whose satisfaction or waiver
requires Buyer’s approval or determination, the satisfaction or waiver of such
Contingency shall be within Buyer’s sole discretion.
a. Evidence of Title. Within twenty (20) days of the Exercise Notice date, or such
longer period as agreed to by Buyer and Seller, Seller shall provide to Buyer at
Seller’s expense a commitment for an owner’s policy of title insurance issued by
a title insurance company selected by Buyer (the “Title Company”) with respect
to the Property (the “Title Commitment”). The Title Commitment shall be
certified to within ten (10) days prior to Closing with endorsement as of 8:30
A.M. on the business day prior to the date of Closing and shall show in Seller
marketable title in fee simple free and clear of all liens and encumbrances
except: (i) those created by or assumed by Buyer; (ii) those specifically set
forth in this Agreement; (iii) zoning ordinances; (iv) legal highways; and (v)
covenants, restrictions, conditions and easements of record which do not
interfere with or restrict the use of the Property contemplated by Buyer. If title
to all or part of the Property is unmarketable, as determined by Ohio law with
reference to the Ohio State Bar Association’s Standards of Title Examination,
or is subject to liens, encumbrances, easements, conditions, restrictions or
encroachments other than those excepted by this Agreement, Seller shall
within thirty (30) days after written notice thereof, remedy or remove any such
defect, lien, encumbrance, easement, condition, restriction or encroachment,
or obtain title insurance without exception therefor. At Closing, Seller shall sign
an affidavit with respect to off-record title matters as required by the Title
Company and Buyer. The issuance of a title insurance policy pursuant to the
Title Commitment (the “Title Policy”) is a condition precedent to Buyer’s
obligation to proceed to Closing under this Agreement. The Title Policy shall be
in a form acceptable to Buyer and in the amount of the Purchase Price, showing
title to the Property vested of record in Buyer in fee simple, subject only to any
matters approved or waived by Buyer, any matters shown on the Survey and
not objected to by Buyer and any other matters that Buyer has approved in
writing.
b. Survey. Within thirty (30) days of the Exercise Notice date, or such longer
period as agreed to by Buyer and Seller, Seller shall, at its own cost and
22
expense, furnish Buyer with a survey of the Property, together with certification
of the surveyor as may be required by Buyer (the “Survey”). The Survey shall
satisfy the most recent “Minimum Standard Requirements for ALTA/ACSM
Land Title Surveys,” jointly established and adopted by ALTA and ACSM, shall
meet the accuracy requirements of a Class A Survey as defined therein. The
survey shall also be prepared as required by the _______ County Engineer to
permit legal transfer of the property. If the Survey reveals any exceptions to title
that are not acceptable to Buyer or any matters affecting the Property that are
not acceptable to Buyer (“Survey Exceptions”), Buyer may notify Seller of such
Survey Exceptions within thirty (30) days after Buyer’s receipt of the last of the
Title Commitment or Survey (the “Survey Notice”), whereupon Seller shall have
the right, but not the obligation, within thirty (30) days after receipt of the Survey
Notice (the “Survey Cure Period”), to cure any disapproved Survey Exceptions.
If Seller does not cure such Survey Exceptions within the Cure Period, or
notifies Buyer that it does not intend to cause such cure, Buyer shall have the
right to waive the Survey Exception or terminate this Agreement and receive the
Option Consideration.
c. Environmental Conditions. Buyer shall determine on or before the end of the
Contingency Period whether the soils, ground water, topography and geology of
the real property on or about the Property are acceptable to Buyer. If such
environmental condition is not acceptable to Buyer, buyer shall notify Seller of
such during the Contingency Period, whereupon Buyer shall have the right to
terminate this Agreement.
d. Inspection. Buyer shall have the right to inspect the Property at any time
during the
Contingency Period and shall promptly notify Seller of any objections Buyer has
as to the condition of the Property. If Seller fails to cure the components of the
Property subject to Buyer’s objection to Buyer’s satisfaction within thirty (30)
days notice thereof, or the objections are not reasonably capable of cure, Buyer
shall have the right to terminate this Agreement.
e. Easements; Access Rights. Buyer shall secure any and all easements,
rights of way,
consents, amendments, variances, permits and or approvals from third parties
as are necessary in order to permit Buyer to have ingress and egress to and full
use and enjoyment of the Property in the manner and for the purposes
contemplated by Buyer.
f.
Board Approval. This Agreement shall have been approved and authorized at
a regular or special board meeting of Buyer. This transaction shall be subject to
the review and approval of the _________________________. If the
_____________ does not approve this Agreement, said Agreement shall be
null and void.
4.
Closing. The Closing shall be at such time, place and date as are mutually
agreeable to Buyer and Seller but in no event shall occur on a date which is later
than sixty (60) days after the contingencies have been satisfied or waived. In
addition to the contingencies provided in this Agreement, Buyer’s obligations under
this Agreement are subject to and contingent upon the occurrence of the following
on or before the date of Closing: (a) Buyer shall have received final approval for the
purchase of the Property at a regular or special board meeting of Buyer; (b) all of
Seller’s representations and warranties hereunder shall remain true and correct; (c)
no moratorium, statute, order, regulation, ordinance or judgment of any court or
governmental agency shall have been enacted, adopted, issued or initiated that
would materially and adversely affect the Property or Buyer’s use thereof as
contemplated herein; (d) all contingencies shall have been satisfied or waived, and
no facts or circumstances on which such satisfaction or waiver is based shall have
changed since the date of such satisfaction or waiver; (e) the Title Company shall
have issued the Title Commitment; (f) Seller shall have delivered all other
documents and other deliveries listed herein; and (g) all other conditions to Buyer’s
obligations to proceed to Closing which are set forth in this Agreement shall have
been satisfied. Buyer shall receive possession of the Property at Closing.
5.
Deliveries.
a. Seller’s Deliveries at Closing. At Closing, Seller shall deliver the following
documents and materials, all of which shall be in form and substance
reasonably acceptable to Buyer: (i) a duly executed and acknowledged
Deed (as defined in Paragraph 8); (ii) a certificate duly executed by Seller
that as of the date of Closing, all representations and warranties by Seller set
forth in this Agreement remain true and correct; (iii) a non-foreign certification
duly executed by Seller under penalty of perjury, certifying that Seller is not a
“foreign person”, pursuant to Section 1445 of the Internal Revenue Code of
1986, as amended (“Section 1445”) (If Seller shall fail or be unable to deliver
24
the same, then Buyer shall have the right to withhold such portion of the
Purchase Price as may be necessary, in the opinion of Buyer or its counsel, to
comply with Section 1445.); (iv) a general instrument of transfer, pursuant to
which Seller shall convey and assign to Buyer all of Seller’s right, title and
interest in and to all personal property and other rights of Seller relating to the
Property (“General Instrument of Transfer”); (v) such affidavits and indemnities
as the Title Company may reasonably require in order to omit from the Title
Policy all exceptions for (1) parties in possession, (2) mechanic’s liens, (3)
unrecorded assessments and other matters an accurate survey of the Property
would disclose, and (4) nondelinquent real estate taxes, water and sewer and
other charges of municipal and governmental authorities and utility companies;
and (vi) a closing statements showing documents, closing costs and prorations,
calculated in accordance with Paragraph 7 hereof, in form and substance
satisfactory to Buyer and Seller (the “Closing Statements”).
b. Buyer’s Deliveries at Closing. On the date of Closing, Buyer shall: (i) deliver
at Closing the Purchase Price for the Property (plus any additional funds
necessary to pay Buyers’ share of closing costs and prorations, minus any
credits granted to Buyer as set forth herein) in immediately available funds; and
(ii) sign the Closing Statements.
6.
Closing Costs. Except as otherwise expressly provided herein, Seller shall pay at
the Closing: the costs of releasing any mortgage, financing statement, or other debt
security, or any attachments, assessments, delinquent real estate taxes or
mechanic’s or materialmen’s liens outstanding against the Property; the costs of the
Title Policy; the costs of the Survey; the costs of curing, remedying or removing any
Contingencies that Seller elects to cure, remedy or remove; and any sales or use
taxes. Buyer and Seller shall each pay their own attorneys fees. Buyer shall pay the
costs of recording the Deed and any special endorsements to the Title Policy not
required to cure a title objection or Survey Exception. Buyer shall be responsible for
any conveyance fees and agricultural recoupment fees associated with this
transaction.
7.
Prorations. All prorations shall be made as of 12:01 a.m. on the date of Closing, so
that for purposes of prorations only, Buyer shall be deemed an owner of the
Property throughout such day. Unless otherwise specified herein, all matters shall
be prorated on an accrual basis. Any matters whose proration is not specifically
covered in this Paragraph shall be prorated in accordance with customary
procedure in the county where the Property is located. As used herein, “Taxes”
include all real property taxes and assessments. As of the date of closing, Seller
shall pay or credit to the purchase price all delinquent Taxes, including penalties
and interest, all assessments which are a lien on the Property as of the date of
Closing, if any, and Seller shall pay or credit to the purchase price an amount equal
to all Taxes not yet due and payable as of the date of Closing based upon a 365day year. If Taxes are undetermined, Taxes shall be based upon the most recently
available tax bill for the Property, giving effect to applicable exemptions, recently
voted millage, change of valuation, etc., whether or not certified. If the actual tax bill
for the year of Closing indicated the Taxes exceeding those prorated at Closing, or if
any additional or supplemental Taxes are assessed against the Property for back
assessments, corrections to previous tax bills or other events occurring before the
date of Closing, then Buyer shall have the option to so notify Seller, upon receipt of
which notice Seller shall pay to Buyer the amount of such excess taxes due within
ten (10) days after receipt of such notice. The obligations contained in this
Paragraph shall survive the Closing.
8.
Deed. Seller shall convey to Buyer marketable title in fee simple by transferable
and recordable general warranty deed free and clear of all liens and encumbrances
not excepted by this Agreement (the “Deed”).
9.
Damage or Destruction of Property. Risk of loss to the real estate and
appurtenances shall be borne by Seller until Closing provided that if certain
Property covered by this Agreement shall be substantially damaged or destroyed
before this transaction is closed, Buyer may (a) proceed with the transaction and
be entitled to all insurance money, if any, payable to Seller under all policies
covering the Property, or (b) rescind the Agreement and thereby release all parties
from liability hereunder, by giving written notice to Seller within ten (10) days after
Buyer has written notice of such damage or destruction, upon which the Option
Consideration shall be returned to Buyer. Failure by Buyer to so notify Seller shall
constitute an election to proceed with the transaction.
10.
Income-Producing Agreements. Seller shall convey any and all interest in
leases or income-producing agreements relative to the Property that may be in
effect as of the date of Closing, and will execute such assignments or other
instruments as necessary to effectuate such conveyances.
26
11.
Seller’s Representations and Warranties. As a material inducement to the
execution and delivery of this Agreement by Buyer and the performance by Buyer of
its duties and obligations hereunder, Seller does hereby warrant and represent to
Buyer as of the date hereof and as of the date of Closing:
a. Information. Except as set forth herein, Seller is unaware of any information
affecting the Property that has or would have a material adverse impact on
Buyer’s ability to use, lease and operate the Property as contemplated by
Buyer.
b. Legal Compliance. Except as disclosed to Buyer, Seller has no knowledge of
any past or continuing violation or alleged violation of any legal requirement
affecting the Property; including, without limitation, any past or continuing
violation or alleged violation of any local, state or federal environmental, zoning,
subdivision, fire or other law, ordinance, code, regulation, rule or order. In
addition to the foregoing, the Property complies with all applicable building and
zoning codes and all laws, statutes, codes ordinances, rules and regulations
relating to the environment.
c. Litigation. Seller has no knowledge of any pending or threatened claims,
actions, suits, litigation or governmental proceeding affecting the Property.
d. Other Agreements. To Seller’s knowledge, there are no agreements or
understandings, oral or written, with any person, entity or governmental
authority affecting the Property which could give rise to claims affecting the
Property.
e. Governmental Actions. Seller has no knowledge of any threatened or
pending condemnation or eminent domain proceeding, special assessment,
rezoning or moratorium affecting the Property.
f.
Due Authorization. Seller has full power to execute, deliver and carry out the
terms and provisions of this Agreement and has taken all necessary action to
authorize the execution, delivery and performance of this Agreement. The
individual executing this Agreement on behalf of Seller has the authority to bind
Seller to the terms and conditions of this Agreement.
g. Environmental Matters. To the best of Seller’s knowledge, the Property is not
in violation of any Environmental Law, as defined below, and Seller has no
knowledge of (i) the presence on or about the Property of any Hazardous
Materials, as defined below; (ii) any release or threatened release of any
Hazardous Materials on or affecting the Property; or (iii) the existence of any
underground storage tanks on or about the Property. Seller has received no
notice of any investigation or proceeding by any governmental agency
concerning the presence or alleged presence, release or threatened release of
Hazardous Materials on the Property. The term “Environmental Law” includes
any federal, state or local law, ordinance or regulation pertaining to health,
industrial hygiene, waste disposal, or the environment, including, without
limitation: the federal Comprehensive Environmental Response, Compensation
and Liability Act of 1980, the federal Superfund Amendments and
Reauthorization Act of 1986, the federal Resource Conservation and Recovery
Act of 1976, the federal Clean Air Act, the federal Water Pollution Control Act
and federal Clean Air Act of 1977, the federal Insecticide, Fungicide and
Rodenticide Act, the federal Pesticide Act of 1977, the federal Toxic
Substances Control Act, the federal Safe Drinking Water Act, the federal
Hazardous Materials Transportation Act, and any amendments thereto and
regulations adopted and publications promulgated pursuant thereto. The term
“Hazardous Materials” includes oil and petroleum products, asbestos,
polychlorinated biphenyl, radon and urea formaldehyde, and any other
materials classified as hazardous or toxic or as pollutants or contaminants
under any Environmental Law.
If Seller has received or at any time does receive notice, knowledge or
information as to the presence, alleged presence, release or threatened release
of Hazardous Materials on or about the Property other than as previously
disclosed by Seller to Buyer, Seller agrees to provide to Buyer all information
and data as to such Hazardous Materials immediately upon receipt of same.
12.
Miscellaneous.
a. This Agreement shall be binding upon the parties hereto, and their respective
successors and assignees. All agreements, representations and warranties by
the respective parties contained herein are intended to and shall remain true
and correct as of the Closing, shall be deemed to be material, and shall survive
28
the delivery of the Deed and transfer of title. Any covenants and conditions
herein that must be operative after delivery of the Deed to be effective shall be
so operative and shall not be deemed to have been merged in the Deed.
b. This Agreement contains all of the covenants, conditions and agreements
between the parties with respect to the subject matter hereof and shall
supersede all prior correspondence, agreements and understandings, both oral
and written to the extent related to the subject matter hereof. The parties intend
that this Agreement constitutes the complete and exclusive statement of its
terms and that no extrinsic evidence may be introduced in any proceeding
involving this Agreement. This Agreement may not be changed or amended
orally, but only by an agreement in writing. No waiver shall be effective
hereunder unless given in writing, and waiver shall not be inferred from any
conduct of either party.
c.
All notices required or permitted to be given pursuant to the terms hereof shall
be in writing and shall be delivered either by hand delivery, by overnight delivery
service, by deposit in the United States mail, registered or certified mail,
postage prepaid, or by facsimile transmission provided that in the case of
facsimile transmission a hard copy of such notice shall be delivered on or
before the next Business Day (defined below) by hand delivery or by overnight
delivery service. All such notices shall be addressed to Seller at Seller’s
address set forth on the signature page hereof, and to Buyer at Buyer’s address
set forth on the signature page hereof, with a copy to each of Buyer’s and
Seller’s attorney as set forth on the signature page hereof; except that in the
case of notice by facsimile transmission, the facsimile transmission numbers set
forth on the signature page hereof shall be used. The foregoing addresses (and
facsimile transmission numbers) may be changed by written notice to the other
party as provided herein. Notices shall be deemed received upon delivery if
delivered by hand or by overnight delivery service or by facsimile transmission,
or three (3) days after being sent by registered or certified mail (unless a signed
receipt evidences earlier delivery).
d. In construing this Agreement, all headings and titles are for the convenience of
the parties only and shall not be considered a part of this Agreement. Whenever
required by the context, the singular shall include the plural and the masculine
shall include the feminine and vice versa. All exhibits attached hereto are
incorporated in this Agreement by reference thereto.
e. Time is of the essence of every provision herein contained. Whenever the date
or deadline for any action to be taken is not a Business Day, the relevant date
or deadline shall be the next Business Day. As used herein, a “Business Day”
shall mean any day that is not a Saturday or Sunday or a holiday in the State of
Ohio.
f.
This Agreement shall be governed by the laws of the State of Ohio.
g.
Each party represents to the other that no broker or finder has been engaged
who may claim a fee or commission in connection with the transaction contemplated
hereby. Each party shall indemnify, defend and hold the other party harmless from
and against any loss, cost or expense, including, but not limited to, attorneys fees
and court costs, resulting from any claim for a fee or commission by any other
broker or finder in connection with the Property or this Agreement as a result of the
acts or omissions of such party.
h. If any provision of this Agreement is held to be illegal, invalid, or unenforceable
under present or future laws, such provisions shall be fully severable; this
Agreement shall be construed and enforced as if such illegal, invalid or
unenforceable provision had never comprised a part of this Agreement; and the
remaining provisions of this Agreement shall remain in full force and shall not be
affected by the illegal, invalid or unenforceable provision or by its severance
from this Agreement. In lieu of such illegal, invalid, or unenforceable provision,
there shall be added automatically as a part of this Agreement a provision
similar in terms to such illegal, invalid or unenforceable provision as may be
possible and be legal, valid, or enforceable.
13.
Acceptance.
Buyer’s offer to enter into this Agreement and pay the
consideration for the within described Option may be accepted by Sellers by
executing at least one (1) copy of this Agreement and delivering it to Buyer on or
before 5:00 p.m., on _________________________. If Buyer’s offer is not so
accepted by said time and date, Buyer’s offer shall automatically terminate.
14.
Notice of Option. Seller, upon request by Buyer, shall execute and deliver to
Buyer a Notice of Option or similar instrument reflecting terms of this Agreement
pertaining to the Property (other than the consideration therefor) as Buyer may
designate, which instrument shall be in a form recordable under the laws of the
30
State of Ohio and which Buyer may record. In the event that Buyer does not
exercise the Option, or exercises the Option and then fails to close as provided
herein, Buyer will provide Seller with a recordable release of the Option.
15.
The parties hereto have executed this Agreement as of the date set forth below
their respective signatures (notarized)
Appendix V. Sample Lease Use Agreement
LEASE AGREEMENT
THIS INSTRUMENT OF LEASE, WITNESSETH:
That the__________________, hereinafter known as “Lessor”, under authority conferred
upon it by ________, in consideration of covenants and stipulations hereinafter agreed to
be performed and observed by the ________________________hereinafter known as
“Lessee”, does hereby demise, let and lease unto Lessee that portion of property known
as ________which is shown on the attached Exhibit “A” hereinafter known as “Premises,”
(the “Lease”).
TERM
To have and to hold the same, with the appurtenances unto said Lessee, for and during
the term of twenty (20) years beginning ___________________and ending
_____________________, with the Lessee having the option to renew the lease for an
additional twenty (20) year period as set forth in Article III.
RENT
Yielding and paying therefore, during the term aforesaid, no rent payable, the
consideration being the exchange of mutual promises, covenants and conditions
hereinafter set forth.
Covenants of Lessee
Lessee hereby covenants with Lessor:
Purpose of occupancy. The Premises shall be maintained and managed to conserve
natural resources and provide public access to _____ Creek.
Prior Conditions. Prior to signing this Lease, Lessee shall submit a master plan of
operation and maintenance and its intended uses for review and approval by Lessor.
Said Master Plan is attached hereto, marked Exhibit “B” and is incorporated by reference
as if fully set out herein.
Lawful Use. Lessee shall provide protection of the Premises and its facilities from
vandalism, fire and soil erosion. In accordance with such responsibilities, Lessee shall
32
not use the Premises, nor permit the Premises to be used for any unlawful purpose and
shall conform to and obey all present and future laws, ordinances, rules and regulations
of the United States of America, State of Ohio, ______________, and subdivisions and
agencies thereof, with respect of the Premises and Lessee’s occupation and use thereof.
Both Lessor’s and Lessee’s law enforcement officers may enforce all applicable laws and
regulations regarding the Premises.
Management and Maintenance.
Lessor shall be notified as soon as possible of any damage or destruction of property that
has occurred to the Premises.
B.
Critical incidences such as serious injury, death and major damage to property
shall be promptly reported to the ___________ by Lessee and shall be followed up with a
critical incident report describing the situation and any investigation that was carried out.
C.
Lessee shall submit any future use charges it intends to impose to Lessor for
written approval prior to implementing. It is understood that Lessee has no direct fees
currently established that would affect the operations of the Premises.
D.
There shall be no discrimination by Lessee based on race, creed, national origin,
gender, age, handicap, or disability as defined in the Americans with Disabilities Act.
E.
Lessee shall adequately police and maintain the Premises and provide staff and
service for the Premises to insure maintenance of the Premises as a public access area.
Illegal dumping, and trespassing shall be controlled at all times. Lessee shall maintain
adequate records of all operations.
F.
Lessee’s management and maintenance of the Premises shall be consistent with
the programs of the ____________ and shall be conducted at no cost to Lessor.
G.
Lessor may conduct an annual formal site review and inspection with a
representative/s of Lessee and may make additional site inspections at its discretion and
without prior notice. Any issues or problems shall be specified in writing to Lessee for
clarification and/or resolution.
H.
Lessee shall supply to Lessor an annual report due each year on the thirty-first
day of January. Reporting requirements are set forth in Exhibit “C”, which are
incorporated as if fully set out herein. Lessee shall comply with all reporting
requirements.
I.
A sign shall be erected on the Premises by Lessee which clearly states the
following:
Owned by: ______________ (Lessor) Managed by: ______________(Lessee)
The Lessor logo and Lessee logo shall be on the sign.
No other signs shall be permitted on the area except for those required by the
U.S. Department of Interior, interpretive and educational signs installed by
Lessee, or those necessary for operation of the Premises.
Lessee shall maintain the boundaries of the Premises by posting with boundary
signs. Lessor shall supply to Lessee, at no cost to Lessee, Lessor boundary
signs and assist in the physical locating of boundaries.
J.
In the event it is necessary to protect the public health, safety and welfare,
Lessee may temporarily limit or deny public access to portions of the Premises.
Lessee shall notify the Lessor of such actions reasonably in advance of such
limitations of denial of access, however denying public access to the area due to
flooding of _______ Creek does not require notice to Lessor. The Lessor
reserves the right to take appropriate means to correct conditions to avoid any
unreasonable limitation on public access.
Construction
All construction, change, or alteration plans by Lessee shall have prior written approval of
Lessor.
Prior to instituting any construction activities by Lessee, a construction plan and drawings
shall be submitted for approval by Lessor. Projects shall be discussed during the
planning phase in order to reduce additional costs associated with design or other
changes. All construction that would result in a change in stormwater runoff volume or
flow patterns shall not be permitted without having prior approval and an approved
stormwater plan.
Lessee shall not change the contour or condition of the Premises without prior written
approval of Lessor nor shall Lessee permit or allow anyone else to do so. These
changes include, but are not limited to, mining and drilling operations, cutting of timber,
sand or gravel removal, or waste disposal in the area. Removal of trees, shrubs or plants
that are considered non-native is permitted in accordance with the attached management
plan.
34
Responsibility for Routine Maintenance
Lessee’s maintenance activities shall include, but not be limited to, the following:
Clearing and proper disposing of litter, trash and rubbish; Mowing limited to a specified
area delineated on the master plan, if any, and agreed to by Lessor and Lessee; Lessee
shall be responsible for habitat management and invasive species control of those nonnative species that impact the riparian community.
Maintenance of Facilities
Lessee shall maintain all facilities located on the Premises in a good state of repair.
Lessor may conduct interpretive programs in consultation and agreement with Lessee.
Lessee shall not unreasonably withhold its agreement.
Covenants of Lessor
Lessor hereby covenants with Lessee as follows:
Upon fulfillment by Lessee of all the covenants and stipulations on its part to be
performed during the original term of twenty (20) years, this lease shall automatically
renew for an additional term of twenty (20) years, commencing on the expiration of the
first term, which renewal shall be under and subject to all the other covenants, provisions,
terms, and conditions of this Lease.
Mutual Covenants of Lessor and Lessee
FURTHER, Both Lessor and Lessee mutually covenant:
State Property
The Premises shall continue to be State property and shall be open to the public subject
to the rules and regulations of the Lessee and as set forth in attachments to this Lease
agreement. The Premises shall not be a private park or local public park open only to the
local community.
Inspection
Lessor has the right to review and inspect the Premises at any time for any reason
without notification to Lessee.
Any violation of the terms of this Lease shall be reduced to writing and presented to the
party in violation. If the violations are not corrected within 90 days from notice of
violation, then either party may cancel this Lease by giving written notice of
cancellation.
End of Lease Agreement
At the cancellation or expiration of the term of this Lease, including the renewal thereof,
the Premises shall be vacated and restored as nearly as possible to the same condition
as when it was let, reasonable wear and tear excepted. Any personal property or
facilities not removed by Lessee prior to the cancellation or expiration of the Lease shall
be deemed abandoned and become the property of Lessor without right or claim for
compensation or damages thereof.
Indemnification Against Loss
Lessee shall indemnify and save Lessor harmless against all loss, costs, expenses,
attorney fees and damages suffered or incurred by Lessor in the discharge of mechanic’s
liens, filled or inchoate, in the improvement or maintenance of the premises by Lessee, or
in the defense of discharge of claims asserted or perfected against Lessor as to death, or
personal injuries or property damages in the occupancy or use of the Premises by
Lessee, its agents, employees, licensees or invitees.
Obligations of Lessor are subject to the provisions of O.R.C. 126.07.
IN WITNESS WHEREOF, the Lessor and the Lessee have set their
hands this
________________ day of _________________________, 2003.
(Lessor & Lessee signatures - notarized)
36
Appendix VI. Sample Deed of Easement- Multi-Purpose
Trail Easement
DEED OF EASEMENT
MULTI-PURPOSE TRAIL EASEMENT
_______________________________, a _________________ (“Grantor”), for
valuable consideration received, does hereby grant, bargain, sell and convey to
_____________________________________, its successors and assigns
(“Grantee”), a perpetual multi-purpose trail and public access easement (“Trail
Easement”) together with appurtenant rights over, across and under the real
property (or a portion of the real property) owned by Grantor, located in the City
[Village or Township] of __________, County of _________ and State of Ohio,
and more fully described on the attached Exhibit A (the “Real Property”). The
approximate location of the Trail Easement is depicted on the attached Exhibit B.
By acceptance of this Trail Easement, Grantee agrees to the following conditions
and Grantor covenants to do the following:
1. Grantee shall have the right to construct a multi-purpose trail over
across and upon said Trail Easement (the “Trail”) for the benefit of the
public, including, without limitation, the Grantee’s employees, officers,
agents, visitors, and invitees.
2. Grantor shall permit Grantee’s employees, agents, and contractors, to
enter upon the Real Property for the purposes of constructing,
maintaining, operating, and replacing the Trail over and across the
Trail Easement, and shall not interfere with Grantee’s use, access,
ingress and egress to the Trail Easement. Grantee shall be permitted
to construct appropriate signage, barriers, fencing, benches and
landscaping as Grantee determines is necessary.
3. All improvements to the Trail and Trail Easement shall be at the sole
cost of the Grantee, and Grantee shall cause to be bonded off
mechanics’ liens arising out of construction, repair, maintenance or
replacement of the Trail undertaken by the Grantee.
4. Grantee shall be responsible for maintaining the Trail Easement in a
clean and safe condition after Trail construction begins.
5. Grantee shall have the right to patrol the Trail and Trail Easement in
the same and similar manner as it patrols other trails owned or
maintained by Grantee for public use, and Grantor hereby authorizes
Grantee to enforce the rules and regulations of the Grantee and the
State of Ohio; provided, however, that Grantee shall not be liable to
Grantor for any failure to enforce such rules and regulations.
6. Grantee shall have the right to require that the Trail and Trail
Easement prohibit access by motorized vehicles, except to the extent
that Grantee’s employees, officers, agents, contractors, emergency
service personnel or law enforcement personnel require the use of
motorized vehicles for the purposes of trail construction, maintenance,
repair, patrol and safety, and other park and programming uses.
7. Grantor may not erect new or additional power and transmission lines,
water, sewer, or other utility lines, or wells within the Trail Easement,
and Grantor may not grant any additional easement(s) within the Trail
Easement for such or any other purposes. The Grantor reserves the
right to utilize the Trail Easement to maintain and repair existing
telephone, electric, water, wells, or other utility lines or mains already
serving the Real Property. If such repairs and maintenance are
required, upon the completion of any necessary repairs and/or
maintenance, Grantor shall restore the Trail Easement to its condition
prior to such repair or maintenance.
8. The Grantee shall have the right to periodically inspect the Trail
Easement for violations of the covenants and restrictions set forth
herein. If Grantor or its successors and assigns violate any of these
38
covenants and restrictions Grantor shall cure the violation(s) within
sixty (60) days of receipt of notice thereof from Grantee. If Grantor
fails to adequately cure or eliminate the violation(s) within the sixty
(60) day time period, Grantee may cause the cure of the violation(s),
and Grantor shall immediately reimburse Grantee for all costs and
expenses incurred in curing the violation(s), in addition, Grantee shall
also have the right to obtain injunctive relief for the enforcement of the
covenants and restrictions from a court of competent jurisdiction.
9. The Grantee shall have the right to post or clearly mark the
boundaries of the Trail Easement.
10. Grantor shall not permit hunting on the Real Property.
11. Grantor shall be responsible for controlling domestic animals and
preventing Grantor’s domestic animals from entering the Trail
Easement. Grantor shall indemnify and hold harmless Grantee for all
damages, losses, costs and expenses suffered by Grantee as a result
of damage or injury caused by Grantor’s domestic animals to the Trail
Easement or the public users of the Trail Easement.
12. Grantee shall have exclusive possession of the Trail Easement at all
times.
13. The Grantor hereby covenants with Grantee that it is the true and
lawful owner of the Real Property and is lawfully seized of the same in
fee simple and has good right and full power to grant this Trail
Easement.
14. This Trail Easement, and the terms and conditions contained herein
shall inure to the benefit of and be binding upon the parties hereto,
and their respective heirs, executors, administrators, successors, and
assigns. The Grantee shall have the right to assign this Trail
Easement.
IN WITNESS WHEREOF, the Grantor and Grantee have caused this instrument
to be executed by their duly authorized representatives as of this ___ day of
_____________, 200__
Signature of Grantor, Grantee and notarized
40
Appendix VII. Sample Deed of Conservation Easement
DEED OF CONSERVATION EASEMENT
_______________________________ , a _____________(“Grantor”), for
valuable consideration received, does hereby grant, bargain, sell and convey to
____________________________________________________, its successors
and assigns (“Grantee”), a perpetual conservation and scenic non-public access
easement (the “Conservation Easement”) together with appurtenant rights over,
across and under the real property (or a portion of the real property) owned by
Grantor, located in the City [Village or Township] of __________, County of
_________ and State of Ohio, and more fully described on the attached Exhibit A
(the “Real Property”). The location of the Conservation Easement is depicted on
the attached Exhibit B.
Grantor hereby covenants, on Grantor’s behalf and Grantor’s successors and
assigns as owners of fee simple title to the Real Property, as follows to do the
following acts with respect to the Real Property and the Conservation Easement:
1. Grantor shall maintain the Conservation Easement in its natural state. As
herein used, the term “natural state” is intended to mean that no
buildings, billboards or other structures of any kind, either temporary or
permanent, including roads, driveways, or other areas of pavement or
gravel, either temporary or permanent, shall be placed or erected on the
Conservation Easement and Grantor shall not remove, cut, pick, or collect
any of the trees, ground cover, vegetation, flora or other natural features
of the Conservation Easement.
2. Grantee shall have the right to require that the Conservation Easement
prohibit access by motorized vehicles, except to the extent that Grantee’s
employees, officers, agents, contractors, emergency service personnel or
law enforcement personnel require the use of motorized vehicles for the
purposes of patrol and safety.
3. The Conservation Easement shall not be used for fill material, excavating,
removal of top soil, sand, gravel, rock, minerals or other materials.
Grantor shall not cause or permit a change in the topography of the land,
other than that caused by the forces of nature.
4. Herbicides or pesticides shall not be used on the Conservation Easement
without prior written consent of the Grantee.
5. New or additional power and transmission lines may not be erected within
the Conservation Easement, and Grantor may not grant any additional
easement(s) within the Conservation Easement for such or any other
purposes. The Grantor reserves the right to utilize the Conservation
Easement to maintain and repair existing telephone, electric, water, wells,
or other utility lines or mains already serving the Real Property. If such
repairs and maintenance are required, upon the completion of any
necessary repairs and/or maintenance, Grantor shall restore the
Conservation Easement to its condition prior to such repair or
maintenance.
6. The Conservation Easement shall at all times be kept clean and neat, and
Grantor shall not permit the storage or accumulation of any materials or
objects, including, but not limited to the following; garbage, trash, debris,
machinery, equipment, and vehicles.
7. The Grantee shall have the right to periodically inspect the Conservation
Easement for violations of the covenants and restrictions set forth herein.
If Grantor or its successors and assigns should violate any of these
covenants and restrictions Grantor shall cure the violation(s) within sixty
(60) days of receipt of notice thereof from Grantee. If Grantor fails to
adequately cure or eliminate the violation(s) within the sixty (60) day time
period, Grantee may cause the cure of the violation(s), and Grantor shall
immediately reimburse Grantee for all costs and expenses incurred in
curing the violation(s), in addition, Grantee shall also have the right to
42
obtain injunctive relief for the enforcement of the covenants and
restrictions from a court of competent jurisdiction.
8. The Grantee shall have the right to post or clearly mark the boundaries of
the Conservation Easement.
9. Grantor shall permit Grantee to patrol the Conservation Easement in the
same and similar manner as it patrols other trails and easements owned
or maintained by Grantee, and Grantor hereby authorizes Grantee to
enforce the rules and regulations of the Grantee and the State of Ohio;
provided, however, that Grantee shall not be liable to Grantor for any
failure to enforce such rules and regulations.
10. Grantor shall not permit hunting on the Real Property.
11. Grantee shall have exclusive possession of the Easement at all times.
12. Grantor shall not keep or allow livestock within the Easement, including,
but not limited to cattle, pigs, sheep, horses, llamas, or other exotic
animals.
13. The Grantor hereby covenants with Grantee that it is the true and lawful
owner of the Real Property and is lawfully seized of the same in fee
simple and has good right and full power to grant this Conservation
Easement.
14. This Conservation Easement, and the terms and conditions contained
herein shall inure to the benefit of and be binding upon the parties hereto,
and their respective heirs, executors, administrators, successors, and
assigns. The Grantee shall have the right to assign this Conservation
Easement
The Conservation Easement granted hereunder and the covenants
heretofore made are subject to the following rights of the Grantor(s), which
are expressly reserved hereunder.
(a) Grantor(s) reserves for [itself], [its] heirs and assigns, all rights as owner
of the Conservation Easement, including the right to use the Conservation
Easement for all purposes not inconsistent with the purposes set forth
herein.
(b) Grantor(s) reserves the right to continue to use the Conservation
Easement for agricultural purposes, [add in appropriate language
regarding limitations for livestock or certain crops] and Grantee consents
to the use of herbicides and pesticides on the Real Property provided that
such use is in compliance with all applicable laws, rules, regulations and
ordinances.
IN WITNESS WHEREOF, the Grantor and Grantee have caused this
instrument to be executed by their duly authorized representatives as of this
___ day of _____________, 200_.
Signature of Grantor, Grantee notarized
44
Appendix VIII. Sample Right of First Refusal Agreement
RIGHT OF FIRST REFUSAL AGREEMENT
This Right of First Refusal Agreement (“Agreement”) is entered into this __ day of
_______________ 200_, by and between _____________________ (“Grantor”) and
__________________________ (“Grantee”).
AGREEMENT
In consideration of Ten Dollars ($10.00) and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, and subject to the terms and
conditions hereof, the parties agree as follows:
1.
Grant of Right of First Refusal. Grantor does hereby grant to Grantee the
exclusive and irrevocable Right of First Refusal to purchase all or any part of the land
owned by Grantor and more fully described on Exhibit A attached hereto and
incorporated herein (the “Property”).
2.
Term of Right of First Refusal. The parties hereto agree that the Right of
First Refusal with respect to the Property shall expire on _________________________.
3.
Exercise of Right of First Refusal.
(a)
Upon receipt by Grantor of a bona fide offer to purchase the
Property, or any part thereof, Grantor shall notify, in writing,
Grantee of the receipt of such offer. Said notice shall specify the
terms and conditions of the bona fide offer, including but not
limited to the purchase price, payment terms and closing date,
and shall include a copy of the bona fide offer. Thereafter,
Grantee shall have ninety (90) days from the date of the notice to
elect to purchase all of the property which is subject to the bona
fide offer on the identical terms and conditions as contained in
the bona fide offer.
(b)
In the event that Grantee elects not to purchase the property
which is subject to a bona fide offer, or in the event that Grantee
fails to make an election within the prescribed ninety (90) day
period, Grantor may sell the property to the party from whom it
received the bona fide offer, but only upon the same terms and
conditions of the bona fide offer conveyed to Grantee hereunder.
Any change in the terms and conditions shall be deemed to be a
new bona fide offer and shall subject the proposed sale of the
property to the terms of 3(a), above, except that Grantee shall
have thirty (30) days from the date of notice of the new bona fide
offer in which to elect to exercise the Right of First Refusal rather
than ninety (90) days.
(c)
Any failure to elect or election not to exercise its Right of First
Refusal by Grantee with respect to any portion of the property
subject to this Right of First Refusal shall not affect Grantee’s
Right of First Refusal with respect to any remaining property
subject to this Agreement which has not been subject to a bona
fide offer.
4.
Notices. Any notice required or permitted under this Agreement shall be
in writing and shall be effective upon receipt if delivered in person or sent by a reputable
overnight courier service or as of the date the same is deposited, postage paid, in the
United States certified or registered mail, addressed as follows:
To the Grantor:
Attention:
With a copy to:
Attention:
46
To the Grantee:
Attention:
With a copy to:
Attention:
or to such other addresses as either may designate by notice to the other in the manner
herein provided.
5.
Headings. All section headings and other titles and captions herein are
for convenience only, do not form a substantive part of this Agreement, and shall not
restrict or enlarge any substantive provisions of this Agreement.
6.
Run with the Land. This Agreement, subject to the terms provided
herein, shall run with the Property and shall be binding upon and inure to the benefit of
the parties hereto and their respective successors, heirs and assigns. This Agreement
shall be recorded in the Office of the _________________ County, Ohio Recorder.
7.
Enforceability. This Agreement shall be construed in accordance with
the laws of the State of Ohio. Each covenant, agreement and provision of this
Agreement shall be construed to be a separate covenant, agreement and provision. If
any covenant, agreement or provision of this Agreement or the application thereof to any
person or circumstance shall, to any extent, be held to be invalid or unenforceable, the
remainder of this Agreement shall not be affected thereby and each covenant, agreement
and provision of this Agreement shall be valid and enforceable to the extent permitted by
law.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year first set forth above.
Signature of Grantor notarized EXHIBIT A Legal Description of the Property
Appendix VIV. Section 1 of the Columbus Stormwater
Drainage Manual
Section 1
Preservation and Protection
The City has determined that establishing a Stream Corridor Protection Zone along
streams is necessary to protect structures from damage caused by natural erosion. Unless
otherwise exempt, all development and redevelopment projects that include a portion of
the Stream Corridor Protection Zone must minimize alterations of the stream, keep new
structures out of the Stream Corridor Protection Zone, and maintain a riparian corridor
along the stream to minimize streambank erosion and to protect stream habitat. Section 1
of the Manual provides stream protection standards for all development and
redevelopment projects in the City.
1.1 Stream Protection Policy Statement
With the exception of roadside ditches and approved roadway crossings, all Tier I (those
identified on the United States Geologic Survey (USGS) quad maps with solid or blue
dashed lines) and Tier II (those not classified as Tier I but having a well-defined bed and
bank) streams shall remain open and shall not be enclosed within a storm sewer or other
engineered structure.
A Stream Corridor Protection Zone shall be established that allows for the natural, lateral
movement of streams and to prevent structures from being impacted by natural
streambank erosion. Stream relocation and/or realignment projects are permitted through
proper permitting requirements (including, but not limited to, requirements under Section
401 and 404 of the Clean Water Act) and the use of appropriate stream restoration
techniques.
1.2 Stream Identification
A stream is a surface watercourse with a well-defined bed and bank, either natural or
artificial, which confines and conducts continuous or periodic flowing water. The
Applicant shall identify and label all streams within the project site and/or receiving
stormwater discharges from the project site on the master drainage plan (Section 6)
submitted as part of the Stormwater Management Report. The Applicant shall provide
48
information that supports the classification of Tier I and Tier II streams. Such information
may include, but not be limited to, copies from USGS Quad sheets showing a Tier I
stream, or photographs, FEMA maps, or soils maps showing the location of a Tier II
stream. If the City determines that the submitted evidence is inconclusive, then they may
require a site inspection and input from other sources of information including the U.S.
Army Corps of Engineers, Ohio EPA, ODNR, or the appropriate County Soil and Water
Conservation District. Final determination regarding whether the watercourse or channel
meets the classification of a Tier II stream for the purposes of the Manual shall be at the
discretion of the Director or designee. Photographs of a stream and a constructed open
channel, which is not considered to be a stream, are on the following page. Stream
Corridor Protection Zones are not required along constructed open channels that are not
classified as streams.
1.3 Stream Corridor Protection Zone
A Stream Corridor Protection Zone consists of the stream and the riparian area along the
stream. Its purpose is to allow the natural, lateral movement of open water courses and
prevent structures from being impacted by natural streambank erosion.
1.3.1 Definitions
The total width of the Stream Corridor Protection Zone for Tier I and Tier II streams shall
be established using the following criteria, whichever is greater:
1) The Federal Emergency Management Agency (FEMA) designated 100-year floodway,
2) Table 1-1, based upon the upstream drainage area of the stream, or
Required Stream Corridor Protection Zone Width By Contributing Drainage Area
Contributing Drainage Area (ac) Stream Corridor Protection Zone Width (ft)1
<100
101-250
251-500
501-750
751-1200
1201-1750
1751 - 2500
>2500
75
100
125
150
175
200
225
250
3) 50 feet from the top of each bank for fourth order streams or larger.
In most instances the Stream Corridor Protection Zone is located by placing its centerline
over the centerline of the watercourse. However, individual site conditions including, but
not limited to, topography and slope must be considered when determining the precise
location of the Stream Corridor Protection Zone.
The width of the Stream Corridor Protection Zone will be extended to include slopes that
are greater than 15 percent and begin at a point within the Stream Corridor Protection
Zone. The maximum width of the Stream Corridor Protection Zone extension shall be to
the top of the slope or to a point up-slope, as measured horizontally, where the width of
the Stream Corridor Protection Zone is doubled, whichever is less. Slope protection
widths may be extended beyond these limits at the City’s discretion on a case-by-case
basis.
Where wetlands protected under federal or state law are located partially within the
Stream Corridor Protection Zone, the Stream Corridor Protection Zone shall be extended
to include the full extent of the wetland area plus any setback from the wetland required
by a Section 404 permit (see Section 1.5).
1.3.2 Permanent Protection of the Stream Corridor
The Stream Corridor Protection Zone shall be kept in as natural state as possible so that it
can perform its inherent function of erosion protection, flood storage, and water quality
protection. In order to ensure the permanent protection of the zone, the developer shall
provide for the permanent protection of the zone.
The developer shall identify on the plat or plan and visibly delineate on the site the
Stream Corridor Protection Zone prior to any construction on the site to prevent
excursions onto the zone during construction. Such delineation must be submitted to the
1 Based
on the following equation:
Stream Corridor Protection Zone, in feet of width = 129 (DA) 0.43 where DA is the drainage area of
the stream in square miles. This equation was developed and recommended by the Ohio
Department of Natural Resources (ODNR) based on regional curve analysis for various
watercourses measured in the eastern United States region. Based on studies conducted by Ward
(2001), Williams (1986), and Leopold (1978), the equation yields a protection zone wide enough
to include a meander belt width plus two channel widths.
Director of Public Utilities or the Director’s designee for review and approval prior to
construction. No later than the conclusion of construction, the developer shall
50
permanently delineate the Stream Corridor Protection Zone in an aesthetically
harmonious manner, approved by the director, such that the location of the zone is
apparent to casual observers and permits access to the zone.
Language preventing Property Owners from constructing facilities and performing
activities that are prohibited within the Stream Corridor Protection Zone, as described in
Section 1.3.3, shall be shown on the plat and reflected on all deeds. Land designated as a
Stream Corridor Protection Zone may, at the option of the land owner, be deeded in fee
simple to the City of Columbus. That portion of a lot or parcel reserved as the Stream
Corridor Protection Zone may be included in the total area for computing the density
permitted by the particular underlying zoning district for that parcel, even if ownership of
the Stream Corridor Protection Zone is subsequently transferred. The resulting increase in
net density permitted on that portion of the lot or parcel located outside of the Stream
Corridor Protection Zone is acceptable to the extent that the gross density for the total
area does not exceed the density prescribed by the underlying zoning district.
1.3.3 Prohibited Uses in the Stream Corridor Protection Zone
Table 1-2 lists facilities/activities that are prohibited within the Stream Corridor
Protection Zone. No stormwater pipe outfalls shall be located within the Stream Corridor
Protection Zone unless it is determined after review that no other alternative is feasible.
Stormwater pipe outfalls shall be located outside the Stream Corridor Protection Zone
and discharged into either a structural level spreader or a constructed open channel with
appropriate protection from erosion.
1.3.4 Permitted Uses in the Stream Corridor Protection Zone
Uses permitted within the Stream Corridor Protection Zone include, but are not limited
to, the following:
1) Passive uses including hiking, fishing, picnicking, and similar uses. Construction of
paved trails to further such passive recreation uses is permitted; however, trails that
become damaged due to natural erosion should not be repaired but should be moved
upland or removed altogether,
2) Vegetation removal on existing levees and dikes,
3) Activities by City personnel that are necessary to maintain the function of any open
watercourse and the West Columbus Local Protection Project (floodwall),
4) Removal of damaged or diseased trees.
Table 1-2
Facilities and Activities Prohibited in the Stream Corridor Protection Zone
Prohibited Facilities Prohibited Activities*
Buildings/structures (except bridges)
Agriculture
Swimming pools
Industry/ commercial business
Signs
Filling
Billboards
Excavation
Fences
Parking lots
Ditching/diking
Removal of topsoil, sand, gravel, rock, oil, gas
Electric lines that run parallel to the stream (with the exception of transmission lines)
Utility lines or pipes that run parallel to the stream (except for necessary public sanitary, water,
stormwater [see above] and public utility transmission lines as approved by the City)
Any other change in topography other than what is caused by natural forces
Herbicides/pesticides
Removal of native trees /vegetation except as approved by the City
Telecommunications lines that run parallel to the stream (with the exception of transmission
lines)
Cable TV lines that run parallel to the stream
Other improvements deemed unacceptable to the City
* Unless designated a permitted use by the City
5) Revegetation and/or reforestation with plantings of native species,
6) Public utility crossings (Those utilities owned by the City, suburb or any entity
contracting with the City as defined by Title 11 of the City Code.),
7) Street crossings,
8) Excavation for providing compensatory floodplain volume immediately adjacent to the
channel,
9) Construction activities associated with properly permitted stream restoration projects,
10) Disturbances resulting from permitted stream and/or wetland mitigation projects
provided the mitigation is to offset impacts to local protected wetlands (See Section 1.5),
and
11) Activities related to enhancement of existing wetlands.
Disturbances within the Stream Corridor Protection Zone as a result of a permitted use
must be mitigated through revegetation/reforestation, with the exception of vegetation
removal for floodwall and dike/berm maintenance and inspection.
1.3.5 Applicability of Stream Corridor Protection Zones
A Stream Corridor Protection Zone is required for all projects subject to the Manual,
except as follows:
Exemption 1 — Stream Corridor Protection Zones will not be required along existing
streams located within the Downtown Zoning District as defined in City Code 3359.03
(See Figure 1-1 at the end of this section).
52
Exemption 2 — Where the Stream Corridor Protection Zone for the Scioto River falls
beyond the limits of the existing West Columbus Local Protection Project (floodwall),
the limits of the Stream Corridor Protection Zone for the Scioto River shall end at the
river side face of the floodwall or floodwall easement. Streams tributary to the Scioto
River, however, that are not located within the downtown zoning district, will have a
Stream Corridor Protection Zone based on their respective tributary area or floodway
width as specified in Section 1.3.
Exemption 3 – First consideration must be given to providing the full Stream Corridor
Protection Zone width as presented in Section 1.3. Based on plan review, the City may
allow the Stream Corridor Protection Zone to be reduced if the project is a
redevelopment, and the existing buildings already exist within the protection zone. The
redevelopment shall not encroach further into the protection zone.
1.4 Floodplain Preservation and Developments within
Special Flood Hazard Areas
All development within FEMA designated Special Flood Hazard Areas is subject to
conditions of the City of Columbus’ Title 33 Zoning Code, Chapter 3385 Flood Plain
Development. The process for approving and administering floodplain fill permits is
administered by the Columbus Development Department.
The Division of Sewerage and Drainage prohibits the filling of FEMA designated
floodplains without compensation due to potential for problems associated with flooding,
erosion, and environmental impact. With the exception of fills associated with widening
an existing public roadway within a FEMA designated Flood Hazard Area, fill within the
FEMA delineated 100-year floodplain outside of the Stream Corridor Protection Zone
must be compensated by removing an equivalent volume of material or greater.
(Information on FEMA’s 100-year floodplains can be obtained through ODNR's
Geographic Information Management Systems metadata or directly through FEMA.) The
amount of compensatory storage shall be determined by the volume of material removed
above the ordinary high-water mark of the stream and below the 100-year flood elevation
established for the area. The compensation area must have an unrestricted hydraulic
connection to the affected stream and provide the same rate of flood storage capture and
discharge over the course of the flood event as in pre-project conditions.
First consideration shall be given to expanding the stream’s existing floodplain next to
the existing channel and within the limits of the development site. In instances where
compensatory storage within the limits of the development site is proven to be
impractical, the City will consider offsite compensatory storage as long as:
1) First consideration is given to performing compensatory storage by expanding the
stream’s existing floodplain next to the channel.
2) The mitigation is performed as close to the proposed fill area as possible.
3) The mitigation occurs within the same hydraulic reach of the same stream in which
filling is proposed to occur.
4) Where the Applicant proposes to provide compensatory storage on property owned by
others, the Applicant must submit a written agreement between such landowner and the
Applicant wherein the landowner agrees to convey an easement or other property interest
or right to the Applicant allowing compensatory storage, and to permanently maintain
such area for flood storage purposes in the event that the City approves the Applicant’s
proposed project.
The same hydraulic reach is defined as the reach of a stream between the nearest features
controlling the flood water elevations upstream and downstream from the proposed fill
area.
Disturbances created within the Stream Corridor Protection Zone for the purpose of
providing compensatory floodplain storage adjacent to the stream are permitted;
however, all disturbances must be mitigated through reforestation and revegetation. A
streambank restoration plan that incorporates bioengineering techniques shall be prepared
for compensatory floodplain fill work that occurs immediately adjacent to the
streambank. The streambank restoration plan shall be submitted as part of the Stormwater
Management Report and Construction Plan submission (Part II) for the project. The
means and methods for stream restoration work, including non-vegetative and vegetative
materials, shall be shown in the plan.
Streambank restoration plans shall be designed and constructed based on the bankfull
discharge and able to withstand the inundation, stream velocities, and channel stresses
associated with the 100-year flood event without structural failure once vegetative cover
is established. Streambank restoration plans shall be submitted with the construction
plans.
Guidance and further references for streambank stabilization techniques are provided
under USDA’s Stream Corridor Restoration: Principles, Practices and Processes and
Engineering Handbook.
54
Embankment slopes proposed in compensatory storage areas must reasonably conform to
the natural slopes adjacent to the disturbed area. The use of vertical retaining structures
constructed of concrete, brick, block or other like-material is specifically prohibited. The
use of crib walls with bioengineered fascines may be approved on a case-by-case basis.
1.5 Wetland Policy
The City of Columbus supports the preservation of existing wetlands and values the
stormwater benefits that they provide. Wetlands have been determined to provide flood
and storm control by the hydrologic absorption and storage capacity; pollution treatment
by nutrient uptake from wetland plants and the filtering of silt and organic matter by
settlement; protection of subsurface water resources by recharging ground water supplies;
and wildlife habitat in nesting areas, feeding grounds, and cover for many species
including migratory waterfowl, rare, threatened, or endangered wildlife species.
Jurisdictional and isolated wetlands on development sites shall be delineated by a
qualified professional as required by the U.S. Army Corps of Engineers (Corps) and the
Ohio Environmental Protection Agency (OEPA). Wetland boundaries shall be mapped in
an acceptable electronic format and submitted to the Division of Sewerage and Drainage.
Copies of all permit applications and any associated wetland mitigation plans shall also
be submitted to the Division of Sewerage and Drainage with the Stormwater
Management Report. The City may not approve stormwater management reports or plans
prior to receipt of copies of approved Federal (404) and State (401) permits if the permits
are required.
Where wetlands protected under federal or state law are located partially within the
Stream Corridor Protection Zone, the Stream Corridor Protection Zone shall be extended
to include the full extent of the wetland area plus any setback from the wetland required
by a Section 404 permit.
For impacted wetlands that fall outside the Stream Corridor Protection Zone, the City
encourages the mitigation of proposed impacts to occur within the limits of the
development site but not outside the subwatershed. To encourage onsite/intra-watershed
wetland mitigation, the City will consider the location of mitigation projects within the
Stream Corridor Protection Zones of properties that are located adjacent to a tributary
stream provided that:
1) Impacts to isolated wetlands and associated mitigation plans are approved/permitted
by the Corps and/or OEPA, and
2) Wetlands constructed for mitigation purposes are not used to serve as a stormwater
Best Management Practice (BMP) to treat onsite stormwater runoff.
The stormwater system design for the project shall ensure that the predevelopment
quantity and quality of stormwater flows directed to any protected wetlands is
maintained. Constructed wetlands (including bio-retention basins) shall not be considered
subject to these requirements.
Existing wetlands shall not be used for stormwater management or stormwater runoff
quality treatment of the development site.
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Appendix X. Sample Buffer Zone, City of Delaware Zoning Code
City of Delaware –Zoning Code Effective 04/22/04 Revised 03-22-04
Chapter 1150 Flood Plain Standards 1150.01 Purpose. 1150.02 Methods of reducing flood losses. 1150.03 Applicable lands. 1150.04 Basis for
establishing the areas of special flood hazard. 1150.05 Flood plain. 1150.06 Flood plain boundary changes. 1150.07 Establishment of buffer area. 1150.08
Permitted uses. 1150.09 Conditional uses. 1150.10 Prohibited uses. 1150.11 Flood plain administrator. 1150.12 Application for a use permit. 1150.13
Factors upon which decision shall be made. 1150.14 Conditions attached to use permits. 1150.15 Applications to the Board of Zoning Appeals. 1150.16
Abrogation and greater restrictions. 1150.17 Penalty.
SECTION 1150.01 PURPOSE. The purposes of the flood plain standards are as follows:
(a) To prevent the loss of property and life. (b) To prevent the creation of health and safety hazards.(c) To prevent the disruption of commerce and
governmental services. (d) To prevent the extraordinary and unnecessary expenditure of public funds for flood protection and relief.
(e) To prevent the impairment of the tax base. (f) To maintain and enhance the visibility and character of the Olentangy River corridor including the quality
of water, natural characteristics and wildlife of the river system
…SECTION 1150.07 ESTABLISHMENT OF BUFFER AREA. (Revisions ORD 04-42 Passed 03-22-04) Purpose. The purpose of the buffer area is to limit
the impact of land uses on rivers, streams, creeks, ditches, and headwater streams in order to preserve and conserve the quality, purity, clarity and freeflowing conditions of such water bodies, maintain water temperatures, preserve aquatic and terrestrial plant and animal habitats, prevent erosion of stream
banks, lessen the level of siltation of stream waters and preserve valuable water resources in the interest of present and future generations.
(b) Olentangy River. The minimum boundary of the buffer area shall be set at 120 feet or to the nearest existing public street or road right of way,
whichever is less, in a horizontal plane outward from the normal low water mark of the stream channel as identified in the Corps of Engineers 1966
Information Report of the Scioto and Olentangy Rivers. The 120-foot standard is based upon recommendations of the Ohio Department of Natural
Resources. All other setback requirements in this Section are based upon the 120-foot standard.
(c) Major Streams. The following streams are designated as Major Streams: Delaware Run, Horseshoe Run, Mill Run, and Sugar Run. The minimum
boundary of the buffer area shall be set at 60 feet or to the nearest existing public street or road right of way, whichever is less, in a horizontal plane
outward from the normal high water mark. The Planning Commission may allow the buffer area be measured from the center line of the stream, provided a
sufficient width is added to the buffer area to ensure that 60 feet is established outside the stream banks. Measurements may be based upon a field survey
or demarcated on the most current aerial photograph. For the Delaware Run in the Downtown (measured starting at the Olentangy River and continuing
west along the length of the Run to King Avenue), the setback shall be established at 15 feet or to the nearest existing public street or road right of way,
whichever is less, in a horizontal plane outward from the normal high water mark.
(d) All Remaining Creeks, Ditches and Headwater Streams. All other creeks, ditches, and headwater streams shall have a buffer area. It shall be set at 30
feet or to the nearest existing public street or road right of way, whichever is less, in a horizontal plane outward from the normal high water mark. The
Planning Commission may allow the buffer area be measured from the center line of the stream, provided a sufficient width is added to the buffer area to
ensure that 30 feet is established outside the stream banks. Measurements may be based upon a field survey or demarcated on the most current aerial
photograph.
(e) Standards. The buffer area shall be preserved in its natural state and shall be adjusted outwards to include sensitive areas such as steep slopes,
wetlands and woodlands adjacent to the stream. Buffers are intended to be left in a natural state, with minimal clearance of vegetation. Landowners are
encouraged to reforest buffer areas that have been cleared of trees. Said requirement for outward adjustments for sensitive areas shall be determined by
the Planning Commission. Permitted uses or activities in the buffer area shall not significantly affect the natural quality of the area and shall be limited to
the following: (1) Government owned public facilities necessary to meet the needs of the general public and passive recreational uses such as hiking,
fishing, etc. (2) Privately owned and maintained parks and open space, provided that seventy-five percent (75%) of the buffer area is maintained in a
forested state. (3) Selective harvesting of timber such that not more than twenty-five percent (25%) of the crown is removed and the trees on the
immediate banks are not harvested. (4) Undeveloped lands associated with a development provided that the buffer area is maintained in a forested state.
Buffer Areas shall be set aside in perpetuity as conservation easements or reserves on subdivision plats. Conservation easements may be dedicated to
the City of Delaware or another public entity or nonprofit land trust or conservation organization. Subdivision reserves may be dedicated to the City of
Delaware or a Homeowners Association, provided the plat note for the reserve ensures that the reserve cannot be deforested, as approved by the Director
of Planning and Community Development.
Appendix XI. MORPC Model Overlay Zoning
M. Watercourse Model Zoning Overlay
Editor’s Note: The following model is presented ascp
a starting point for each community that may consider adopting zoning provisions
to protect a given watercourse or set of watercourses. This model is intended to be modified by the community to reflect locallydefined priorities and issues. Certain sections of the zoning district are left blank for that purpose. It has been
prepared to reflect the accompanying text in Chapter 3. A community’s planning staff, Planning Commission and legal representative
should work together to prepare an acceptable zoning district before submitting it to the community’s zoning adoption process. For
townships, the Board of Zoning Appeals would be the appropriate township administrative authority.
1. Purposes
The purposes of the Watercourse Protection Zoning Overlay District are the following:
a. Protecting surface and groundwater quality by filtering stormwater runoff and trapping sediments through vegetative buffers and
by regulating harmful land use practices.
b. Protecting against streambank erosion and tree loss by facilitating and promoting the planting and maintenance of a forested
buffer along streambanks.
c. Providing high-quality stream habitats by establishing a forested buffer which will moderate water temperature, provide shade,
cover and food, and ensure a diverse ecosystem and riparian corridor.
d. Reducing flood impacts on real property and buildings by absorbing peak flows, slowing the velocity of floodwaters and regulating
the base flow.
e. Enhancing environmental and community quality of life and property values by protecting open space, natural resources and
invaluable natural features, and reducing the economic costs that result from flooding and destruction of the natural environment.
f. Implementing an adopted comprehensive, watershed or greenway plan that calls for protection of watercourses.
2. Scope of Authority
The Watercourse Protection Zoning Overlay District is an overlay district and shall be superimposed on the other zoning districts
established by the (community) zoning ordinance/resolution. All regulations of the zoning ordinance/resolution applicable to such
underlying districts shall remain in effect. Where a conflict occurs between regulations, the more stringent requirement shall apply.
3. Definitions
For the purposes of this Zoning Overlay, the following definitions shall apply:
a. Best Management Practices – Management practices or structural practices designed to reduce the quantities of pollutants, such
as sediment, nitrogen, phosphorus and animal wastes washed by rain or snow melt from land into nearby receiving waters.
b. Development – The physical alteration of a tract of land, including buildings, structures, grading and other related changes.
c. Gross Density – The measure of the number of dwelling units permitted per acre of land area, minus dedicated right-of-way.
d. Ordinary High Water Mark – That line on the shore, established by the fluctuations of water, and indicated by physical
characteristics, such as a clear, natural line impressed on the bank, shelving, changes in the character of soil, destruction of
h
i i
f h
di
58
terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding
areas.
e. Overlay Zoning District – A zoning district that encompasses one or more underlying zones and that imposes additional or
alternative requirements to that required by the underlying zone.
f. Passive Recreation – Leisure-time activities, such as hiking and observation of nature, and not typically requiring prescribed places,
sites, courts or fields.
g. Riparian Corridor – The area between a stream or other body of water and the adjacent upland where frequent flooding is likely
to occur and which is integral to maintaining the natural quality of the water body. The boundary of a riparian corridor is defined by a
delineation study.
h. Upland – Land at a higher elevation, in general, than the alluvial plain or stream terrace; land above the lowlands along a stream.
i. Watercourse – Any natural, perennial or intermittent, public or private streams, river or creek with a defined bed and bank that is
contained within, flows through or borders the (community).
l. Wetland – Those areas that are inundated or saturated by surfacewater or groundwater at a frequency and duration sufficient to
support and that under normal circumstances do support a prevalence of vegetation typically adapted for life in saturated soil
conditions. Wetlands generally include swamps, marshes, bogs and similar areas.
4. District Boundaries
The area subject to the Watercourse Protection Zoning Overlay District shall be the entire length of the (watercourse) within the
(community). The boundaries of the Overlay District shall be measured from the ordinary high water mark and established by the
following methodology:
Insert methodology
The Zoning Overlay shall be divided into the following three subdistricts:
a. Streambank Buffer – The Streambank Buffer is intended to facilitate the provision of a vegetative corridor along the protected
watercourse. The buffer will provide the maximum ecological protection through the creation of the vegetative buffer. Most land
use activities and development are not permitted within the buffer. See Section 5.0 for applicable land use regulations.
b. Transition Area – The Transition Area is intended to provide a physical transition between the Streambank Buffer and the
Disturbance Area. Within the Transition Area certain low impact land use activities are permitted. See Section 5.0 for applicable land
use regulations.
c. Disturbance Area – The Disturbance Area is intended to provide for development on a parcel outside the Streambank Buffer and
the Transition Area. While quite a few land use activities are permitted in the Disturbance Area, limitations are required to reduce
certain specific impacts. See Section 5.0 for applicable land use regulations.
5. Use Regulations
All development shall be in compliance with applicable regulations, in particular floodplain regulations.
a. Permitted Uses
The following uses are permitted, provided that they comply with the (community’s) applicable floodplain regulations.
1) Streambank Buffer
The intent of the Streambank Buffer is to provide a vegetative corridor along the designated watercourse(s) within the Zoning Overlay.
The following permitted uses should be consistent with this intent and shall minimize their impact on the watercourse(s) and the
streambank to the extent feasible.
a) Forestry.
b) Conservation practices.
c) Passive recreation such as observation facilities.
d) Recreation trails.
e) Access for compatible public recreational facilities, such as fishing piers and canoe launches. Such access shall be perpendicular to
the Streambank Buffer.
f) Stormwater outfall, provided such lines are combined where appropriate, construction activity is minimized and the buffer is
restored to its preconstruction state.
g) Underground utility crossings, provided such crossings are combined where appropriate, construction activity is minimized and the
buffer is restored to its preconstruction state.
h) Additional stream crossings, provided such crossings are combined where appropriate, construction activity is minimized and the
buffer is restored to its preconstruction state.
2) Transition Area
The intent of the Transition Area is to provide a physical and land use transition between the Streambank Buffer and the Disturbance
Area.
a) All uses permitted in the Streambank Buffer.
b) Accessory uses and structures are permitted provided they are set back at least 10 feet from the Streambank Buffer. Such uses and
structures shall be associated with a principal use or structure.
c) Lawns, gardens, golf courses, cemeteries, and private and public open space and recreational facilities provided the use of
herbicides, pesticides and fertilizers is minimized and judiciously applied.
d) Stormwater management best management practices (BMPs) provided they are designed to promote stormwater infiltration,
filtration, sheet flow, etc., without unduly impacting the Streambank Buffer or water quality of the protected watercourse. These
practices shall not be located in a FEMA designated floodway.
e) Grading, filling and general site preparation activity is permitted provided a gradual change in topography is maintained between
the Streambank Buffer, and the Disturbance Area.
60
f) Mineral extraction is permitted if located outside the floodway and which maintains the Streambank Buffer.
3) Disturbance Area
The intent of the Disturbance Area is to provide for appropriate development within the Zoning Overlay, but outside the Streambank
Buffer and the Transition Area.
a) All uses permitted in the Streambank Buffer and Transition Area.
b) All uses permitted in the underlying zoning district except those prohibited by the Zoning Overlay (Section 5.3).
b. Conditional Uses/Special Permits
The following uses may be allowed in the Zoning Overlay as a Conditional Use/Special Permit:
1) Conditional uses/special permits that are allowed in the underlying zoning district are allowed in the Zoning Overlay, provided such
conditional uses/special permits do not conflict with the permitted uses allowed in Section 5.1, the uses prohibited in Section 5.3 and
the (community) floodplain regulations.
2) Construction of one dock providing access to the river per parcel or set of contiguous parcels in common ownership.
3) Park and recreation facilities proposed in the Streambank Buffer other than those permitted in Section 5.1.
4) Altering, dumping, filling or removal of riverine materials or dredging is strongly discouraged in the watercourse. Maintenance of
the river, including stabilization or repair of eroded riverbanks or removal of flood debris, and dredging for the purpose of recreational
boat access may be done under applicable laws and regulations. Riverbank repairs should utilize natural materials and soil engineering.
Consultation with natural resource organizations is required.
c. Prohibited Uses
The following uses are prohibited in the Zoning Overlay or a subarea as indicated:
1) Grading, filling and otherwise modifying topography in the Streambank Buffer is prohibited.
2) Asphalt plants; dry cleaners; gasoline service stations, commercial car washes and other auto-related uses; junkyards, landfills,
transfer stations and recycling facilities; oil and gas wells; storage or discharge of hazardous materials and chemicals, commercial
storage and petroleum storage, sales and distribution; quarries and borrow pits; sand and gravel extraction; and transportation
facilities (exclusive of highways, roads and alleys), road maintenance facilities and road salt storage.
3) Residential, commercial, office and industrial development is prohibited in the Streambank Buffer and Transition Area, except for
accessory uses and structures as permitted in Section 5.1.
4) In general tree removal is discouraged within the Zoning Overlay. Within the Streambank Buffer, selective tree removal may only
occur to maintain the ecological health of the forest and to create access to the river as approved.
6. Streambank Buffer
The following requirements shall apply to all uses allowed by right or by conditional use/special permit located in the Streambank
Buffer.
a. A Streambank Buffer extending (____feet) in width landward from the ordinary high water mark of each bank of the
b
(watercourse) shall be required for all lots or parcels within the Watercourse Protection Zoning Overlay District.
b. In the absence of an approved final plat and with the approval of the Planning Commission, any lot or parcel existing at the time of
adoption of this district does not contain sufficient depth measured landward from the ordinary high water mark to provide
the required Streambank Buffer, the buffer may be reduced to (____percent) of the available (undeveloped) lot depth, measured
landward from the ordinary high water mark.
c. The Streambank Buffer shall include native trees, shrubs, bushes, ground cover and turfgrass and shall be kept in a natural or scenic
condition.
d. No buildings nor structures shall be erected, enlarged, altered or moved within the Streambank Buffer except in accordance with
the (community’s) nonconformance regulations.
e. On-site wastewater disposal systems shall be located outside the Streambank Buffer.
f. The construction of a multiple use recreation path and/or recreational facilities may be permitted by the Planning Commission
provided such facilities are limited in their impact on the buffer. Such limitation may include placing the facilities as far removed from
the (watercourse) as feasible and utilizing environmentally-friendly building materials and construction practices.
7. Transition Area
The following requirements shall apply to all uses allowed by right or by conditional use/special permit located in the Transition Area.
a. A Transition Area extending (____feet) in width landward from the Streambank Buffer along each side of the (watercourse) shall be
required for all lots or parcels within the Watercourse Protection Zoning Overlay District.
b. In the absence of an approved final plat and with approval of the Planning Commission, if any lot or parcel existing at the time of
adoption of this district does not contain sufficient to provide the required Transition Area, the Transition Area Standard may be
reduced (____percent), with approval of the Planning Commission.
c. On-site wastewater disposal systems shall be located outside the Transition Area.
8. Disturbance Area
The following requirements shall apply to all uses allowed by right or by conditional use/special permit located in the Disturbance Area.
a. A Disturbance Area extending (___feet) in width landward from the Transition Area along each side of the (watercourse) shall be
required for all lots or parcels within the Watercourse Protection Zoning Overlay District.
b. If any lot or parcel existing at the time of adoption of this district does not contain sufficient depth measured landward from the
Transition Area to provide the required Disturbance Area, the requirement of a Disturbance Area may be waived by the Planning
Commission.
9. Incentives
The following incentives are hereby made available to property owners. Incentives shall be considered by the (community) during
development approval and shall be reflected in the appropriate zoning documents.
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a. Parkland Dedication
1) Where a proposed development is subject to a dedication requirement for parkland, the acreage of the Streambank Buffer shall be
counted towards the (community’s) parkland dedication requirement with the approval of the Planning Commission. If approved, the
buffer shall be established as a separate tax parcel and dedicated to the (community). The parcel shall be transferred to the
(community) according to existing parkland dedication requirements.
2) Where a proposed development is subject to a dedication requirement for parkland, the Transition Area or a portion thereof shall
be counted towards the (community’s) parkland dedication requirement with the approval of the Planning Commission,
provided such land is set aside for public or private recreational purposes. If set aside for public use, such land may be dedicated to the
(community). That portion not counted towards the (community’s) parkland dedication requirement shall be placed in a conservation
easement or subdivision reserve as perpetual open space.
b. Density Transfer
1) The portion of a lot, parcel or development site that is set aside as a Streambank Buffer or for public or private recreational uses in a
Transition Area, and which is not counted towards the (community’s) parkland dedication requirement, may be used as the basis for a
density transfer.
2) The density transfer shall be calculated based upon the existing, permitted density of the underlying zoning district. That permitted
density shall be multiplied by the set aside acreage not included in a parkland dedication. The resulting density shall be transferred to
the balance of the lot, parcel or development site.
c. Density Bonus
1) The Planning Commission may consider approving a density bonus in those cases where the property owner proposes additional
actions or improvements that fulfill the purpose and intent of the Zoning Overlay. In these cases, the Planning Commission will
consider a proposal to increase density in the developable portion of the lot, parcel or development site by no more than
(____percent). Such an increase shall be calculated by multiplying the approved density increase (percent) by the existing, underlying
density. As an example: 10 percent bonus density increase X 2.25 dwelling units per acre (existing,
underlying gross density) = 2.475 dwelling units per acre (new, approved gross density – applied to the net site minus the Streambank
Buffer)
2) The following actions may be proposed by the property owner to the Planning Commission, which the Commission will consider in
deciding upon a request for density bonus.
a) Expanding the depth of the Streambank Buffer beyond the minimum requirement.
b) Planting the Streambank Buffer with appropriate native plantings per an approved landscape plan.
c) Restricting permitted land use within the Transitional Area and/or the Disturbance Area to forest and other conservation practices.
d) Stormwater best management practices that exceed local minimum requirements and which are ecologically friendly and enhance
water quality of the protected watercourse
3) The request for a density bonus shall be addressed as part of a rezoning of the subject parcel from the underlying zoning
district to a planned district, or an amendment if the parcel is already zoned in a planned district. In either case, the zoning shall be
amended to incorporate the approved density bonus. The property owner must propose development standards that accommodate
the additional density, including minimum lot size, required setbacks and lot coverage.
10. Additional Standards
The community may wish to include additional standards that meet locally-defined goals relative to watercourse protection or which
address other related concerns. These may include design standards to ensure new construction is sensitive to riparian corridors,
standards for crossings, use of chemicals, signage limitations and measures that encourage the preservation of scenic views.
11. Submittal Requirements
The submittal requirements shall be as stipulated in the rezoning, conditional use/special permit, variance and zoning clearance
portions of the Zoning Code.
12. Variances/Exceptions
The following criteria should be used by the Planning Commission/Board of Zoning Appeals when it considers variances or exceptions
to the Zoning Overlay. These criteria are in addition to the existing criteria and standards for the grant or denial of variances/exceptions
of the (community’s) zoning code.
a. The size and configuration of the parcel or site does not accommodate the Streambank Buffer, Transition Area and/or Disturbance
Area, subject to other applicable variance provisions.
b. The existing pattern of development (including the configuration of buildings and parcels) and the developability of the subject
parcel or site due to these adjacent conditions does not accommodate the Streambank Buffer, Transition Area and/or Disturbance
Area.
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Appendix XII. Sample FSWCD Cost-Share Agreement
COST-SHARE AGREEMENT
Riparian Forest Buffer
Agreement
#: HB319VB - ____
To:
Franklin SWCD Board of Supervisors or Authorized Agent
From:
______________________________________________
Address:
_____________________
_____________________
Home Phone: __________
Work Phone: __________
County:
Franklin____
Township:
___________
Location:__________________________________________________
I (We) undersigned owner(s) do request Franklin SWCD cost-share assistance
through the Hellbranch Riparian Buffer Program to help pay the cost of
installing the acceptable practice(s) indicated in order to meet the standards
adopted by Franklin SWCD for nonpoint source pollution abatement. I
understand and agree with the following conditions:
1.
2.
The technical representative of the Franklin Soil and Water
Conservation District must certify that the practice is needed to meet
the state standards for nonpoint source pollution abatement, and
certify the estimates of quantities and cost as proper and reasonable.
Public cost-sharing will not exceed seventy-five percent (75%) of
actual total cost of installing the least expensive acceptable practice
needed. These costs may include vegetative stock, cost of
installation, herbicides required for project maintenance, and other
project-related materials. A more elaborate and expensive practice
may be used if the District technical representative certifies that it will
3.
4.
5.
6.
7.
8.
9.
not exceed seventy-five percent (75%) of the least expensive
acceptable practice indicated. The remainder of the project costs and
local match may be provided by any of the following entities:
landowner, local public entity, private non-profit organization or
watershed group.
Cost-share funding will only be available to landowners that agree to
cooperate with the District and abide by a District approved riparian
management plan.
All eligible cost-share practices must be planned and installed in
accordance with the technical specifications listed in the Natural
Resources Conservation Service Field Office Technical Guide and/or
technical specifications approved by the Chief of the ODNR Division
of Soil and Water Conservation if the Technical Guide does not apply.
The District must be notified and a “Supplemental Cost-Share
Agreement” filed if any substantial change is made in the practice to
be installed, the starting and competition dates, and/or the cost
thereof. The technical representative of the District must certify such
changes as proper and reasonable.
The Technical Representative of the District must certify that the
practice is completed and meets the required technical specifications.
All of the items of cost, upon which reimbursement will be based,
must be verified by receipts for payments made to vendors and/or a
list of landowner/operator time expenditures, equipment use, and all
such cost-supporting items shall be verified by the technical
representative of the District as proper and reasonable.
The Technical Representative of the District shall have the right of
ingress and egress to my property where the practice is installed for
the purpose of fulfilling this agreement.
Installation of the practice(s) indicated will be begin within six (6)
months from the date of this agreement and completed by the date
shown below. Failure to meet these dates will result in automatic
termination unless this agreement is amended by mutual consent to
reschedule the work.
66
10.
11.
Nonpoint source pollution abatement practices installed through
District Conservation Programs cost-share assistance shall be
properly operated and/or maintained by the owner for no less than
fifteen (15) years or as long as the current applicant owns the property
up to fifteen (15) years.
The District shall monitor at least annually the maintenance and
condition of practices established with cost-share money.
As the recipient of public cost-share funds, I understand that if I (owner/operator)
fail to care for and maintain the practice(s) cost-shared by the District, the District
may recover up to the full amount of its project costs and require the
reimbursement of any local matching funds to the donating entity.
If title to land containing these cost-share practices is transferred to another
person, it shall be my (owner/operator) responsibility to inform the District of the
change in ownership in order for the District to contact subsequent owner.
There shall be attached to this agreement:
(a) a description of the water quality problem(s) to be corrected;
(b) a map indicating the stream to be protected, location of all practices
installed,
(c) and where to access the site for follow-up maintenance practices;
(d) a project budget breakdown showing labor, materials, and other costs
indicating the percent of total project funds used from each of the
following: local matching entity, NatureWorks, HB319;
(e) a project timetable, including planned completion date.
Practice(s) to be installed including pollution abatement standards
to be met (FOTG Specification Number):
_______________________
Least Expensive acceptable practice(s) needed._________________
Estimated Cost: _______________________
Cost-Share not to exceed: _______________________
If practice desired is more elaborate and expensive, explain: ___________
Expected life of practice(s) to be installed: ________________( at least 15 years)
Planned completion date:
_________________
Signed:_________________________
District Technical Representative
Hereby agreed to by:
Date:_____/_____/______
Signed:_____________________________
Owner/Operator
Date:____/______/______
_________-_________-_________
Federal Tax I.D. or Social Security Number
Signed:____________________________
Owner/Operator
Date:______/_____/____
_______-________-________
Federal Tax I.D. or Social Security Number
ORIGINAL SIGNATURES MUST BE ON TWO COPIES
COMPLETION CERTIFICATION
Completion Certified by:
Signed: ________________________________Date: _______/______/____
Technical Representative
Franklin Soil & Water Conservation District
District Cost-Share Provided:
$______________
Other: _______________________
Check Number(s):
__________________Date:_____/________/____
Remainder Cost Provided:
$_________________From__________________
Date:_______/______/____
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Appendix XIII. Central Ohio Greenway Trail Signage System
Appendix XIV. Sample Trail Watch Volunteer Application
Columbus Recreation and Parks Department
Volunteer Application
“Olentangy Greenway Trail Watch Program” Must be 18 years old and a background check is required
Name: ______________________________________________
Local Address: ________________________________________
City: _______________
Zip Code: _______________
Phone: _____________ Alternate Number: ______________
Email Address: ________________________
Emergency Contact: ______________________
Emergency Number: ______________________
Employer: ________________ Occupation: _______________
Other Agencies for which you have volunteered:
_____________________________________________________________________
Please attach a list of 3 references, their phone numbers and their relationship to you.
____________________________________________
Volunteer Position: Olentangy Greenway Trail Watch Volunteer
Days & times available to be on the trail
Monday: ______________Tuesday: ________________Wednesday: ______________ Thursday: _____________Friday: ___________
Saturday: ________________Sunday: _________________
I would like to monitor the trail by:
Bicycle ___________ Roller Blade __________ Walking __________
Signature: _____________________
Date: _______________
Submit Application to:
Danielle Jones, Volunteer Services Coordinator
Columbus Recreation and Parks Department
420 West Whittier Columbus, OH 43215
Questions:
Mark Young, Assistant Director & Trail Watch Coordinator, Columbus Recreation and Parks
(614) 645-3342 Email: [email protected]
The Olentangy Greenway Trail Watch program is a partnership between the City of Columbus Division of Police, Community Crime
Patrol, Inc. and the City of Columbus Recreation and Parks Department. Michael B. Coleman, Mayor
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Glossary
Floodplain- the area adjacent to streams or other waterways that is subject
to flooding (Center for Watershed Protection Definition).
FSWCD- Franklin Soil and Water Conservation District
GPS- Global Positioning System (GPS)
GIS- Geographic Information System (GIS)
Hydromodification / Habitat Alteration- the alteration of streams or
other waterways by human activity, such as channelization, removal of
vegetation, damming, and in-stream mining.
Headwater Streams- USEPA designates all streams with drainage areas of
less than 20 square miles as “headwater” streams.
IBI – Index of Biological Integrity (IBI) is a measure of fish species diversity
and species populations. Scores can range from 0 to 60, with the higher
score showing the most diversity.
ICI – Invertebrate Community Index (ICI) is based on measurements of the
macroinvertebrate communities living in a stream or river. Like the IBI,
scores can range from 0 to 60, with the higher score showing the most
diversity.
MiWB- Modified Index of Well Being (MiWB) is based upon the index of well
being, which is a calculation of fish mass and density.
MORPC- Mid Ohio Regional Planning Commission
Appendices
ODNR- Ohio Department of Natural Resources
Ohio EPA- Ohio Environmental Protection Agency
PHWH- Primary Headwater Habitat (PHWH) streams are categorized into
three types: Class III cool water adapted native fauna; Class II warm
water adapted native fauna and Class I ephemeral stream, seasonal dry
channel.
QHEI- Qualitative Habitat Evaluation Index (QHEI) is Ohio’s tool to evaluate
the characteristics of a stream segment by looking at the various
attributes of the available habitat to support viable, diverse aquatic
faunas. QHEI evaluates the type and quality of the substrate; amount of
in stream cover, channel morphology, extent of riparian canopy, pool
and riffle development and quality, and stream gradient. Scores usually
range from 20 to 100, with the higher score showing the best habitat.
Riparian corridor- The area between a stream or other body of water and
the adjacent upland where frequent flooding is likely to occur and which
is integral to maintaining the natural quality of the waterbody.
River- Moving water described by a hierarchy of terms. From largest to
smallest these terms are: river, creek, stream, brook, spring.
SWCD- Soil and Water Conservation District
TMDL- Total Maximum Daily Load
Water Quality Attainment- meeting goals set by the Ohio EPA for the
waterway’s assigned beneficial use designation. Designations take into
consideration the use and value of water for public water supplies,
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protection and propagation of aquatic life, recreation in and on the
water, agricultural, industrial and other purposes including navigation.
Waterways / Watercourses- any natural, perennial or intermittent, stream,
river or creek with a defined bed and bank that is contained within,
flows through or borders a community. Ditches and swales may also be
included.
Wetlands- Those areas that are inundated or saturated by surfacewater or
groundwater at a frequency and duration sufficient to support and that
under normal circumstances do support a prevalence of vegetation
typically adapted for life in saturated soil conditions. Wetlands generally
include swamps, marshes, bogs and similar areas.