Home Rule Chapter 400 - Roads

WHEREAS, conditions exist from time-to-time which may threaten life or property along undedicated roads in the unincorporated territory of the Township; and

WHEREAS, such conditions may require immediate action to remove snow or ice from such roads; and

WHEREAS, these conditions constitute an emergency under O.R.C. Section 504.11; and

WHEREAS, the voters of Plain Township have adopted the form of limited self-government pursuant to Chapter 504 of the Ohio Revised Code which provides that the Township may adopt resolutions for the benefit of the Health, safety and welfare of its resident; and

WHEREAS, the ability to remove snow or ice from undedicated roads within the unincorporated territory of the Township would benefit the health, safety, and welfare of Township residents; and

WHEREAS, such action is not in conflict with the general law or any enumerated provision of O.R.C. Section 504.04;

NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plain Township Board of Trustees, Stark County, Ohio that the following resolution is adopted under Chapter 504 and within the authority of limited self-government, and as an emergency resolution in accordance with O.R.C. Section 504.11;

Section 401: Removal of Snow and Ice on Undedicated Roads

  1. The Township may provide for the removal of snow and ice from undedicated roads in the unincorporated areas of the Township, providing that the following conditions are met:
    • A final on-site inspection for conformance with construction plans has been conducted in accordance with the standard practice established by the Subdivision Engineering Department of the Stark County Engineer.
    • In conjunction with this inspection, an itemized list prepared of any nonconformance with construction plans and any other substandard or unacceptable conditions.
    • The final on site inspection discloses no conditions which present a hazard to general health, safety or welfare upon the determination of the Road Superintendent of Plain Township.
    • The owner of the roadway agrees to maintain a performance bond in effect with Stark County until the road is accepted.
  2. The cost of snow and ice removal shall be paid in full by the Township.
  3. Any damage to the developer's roadway and installations within the road right-of-way caused by snow and ice removal shall remain the responsibility of the owner.
  4. Snow and ice removal services may be provided under this section for a period not to exceed six (6) consecutive months.
  5. The provisions of this section and any services provided thereunder shall not cause an undedicated road to be designated as a dedicated road by Stark County or any agency thereof.

BE IT FURTHER RESOLVED that this resolution be duly recorded and authenticated by the signature of the Township Clerk, and the Plain Township Board of Trustees shall hereby advise the Clerk to publish the same in a newspaper of general circulation within the Township according to the requirements of ORC Section 504.11.