For the purposes of this Title Three, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word shall is always mandatory and not merely directory.

(Ord. 58-135. Passed 9-2-58.)

An arterial street is a vehicular way for moving fast or heavy traffic between large or intensively developed districts.

(Ord. 58-135. Passed 9-2-58.)

Final plat is the final map, drawing or chart on which the subdivider's plan of subdivision is presented to the Planning Commission for approval, and which, if approved, will be submitted to the Council for final action.

(Ord. 58-135. Passed 9-2-58.)

Improvement plans are engineering drawings showing the facilities for storm water drainage, sanitary sewer lines, water lines, gas mains, pavement, curbs and gutters and sidewalks. Improvement plans shall be accompanied by specifications with respect to the material to be used, which materials shall be in compliance with the minimum standards established by the ordinances of the City, the statutes of the State and the regulations promulgated by the Director of Public Service and Properties.

(Ord. 58-135. Passed 9-2-58.)

Lot is a parcel or portion of land in a subdivision or plat of land, separated from other parcels or portions by description as on a subdivision or record of survey map or by metes and bounds, for the purpose of sale or lease to, or separate use of, another.

(Ord. 58-135. Passed 9-2-58.)

Editor's note— This section, which pertained to lot splits, was repealed by Ord. No. 89-79, passed July 10, 1989.

Owner is any individual, firm, association, syndicate, co-partnership, corporation, trust or any other legal entity having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this Title Three.

(Ord. 58-135. Passed 9-2-58.)

Preliminary plat is the preliminary map, drawing or chart indicating the proposed layout of the subdivision to be submitted to the Planning Commission for its consideration.

(Ord. 58-135. Passed 9-2-58.)

Street is a way for vehicular traffic, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place, or however otherwise designated.

(Ord. 58-135. Passed 9-2-58.)

Subdivider is an owner who brings proceedings to create a subdivision.

(Ord. 58-135. Passed 9-2-58.)

Forms of subdivision are:

(a)

Major subdivision means the division of any parcel of land shown as a unit or as contiguous units on the last preceding tax roll into two or more parcels where the development involves new streets or easements of access.

(b)

Minor subdivision means the division of any parcel of land shown as a unit or as contiguous units on the last preceding tax roll into two or more parcels not involving any new streets or easements of access.

(c)

Lot split means the sale or exchange of parcels between adjoining lot owners where the sale or exchange does not create additional building sites.

(d)

Redivision means the combining of parcels of land into a lesser number of parcels.

(Ord. 89-79. Passed 7-10-89.)

Thorofare plan is the group of maps showing the existing and proposed location and width of streets within the City.

(Ord. 58-135. Passed 9-2-58.)

Zone Map is the map which indicates the physical boundaries of the various residential and other type districts within the City.

(Ord. 58-135. Passed 9-2-58.)

In their interpretation and application the provisions of this Title Three shall be held to be the minimum requirements adopted for the protection of the public health, safety and welfare. To protect the public, among other purposes, such provisions are intended to provide for permanently wholesome community environment, adequate municipal service and safer streets.

(Ord. 58-135. Passed 9-2-58.)

This Title Three shall not apply to any lot or lots forming a part of a subdivision created and recorded prior to the effective date of this Ordinance 58-135 passed September 2, 1958, except in case of a resubdivision. Nor is it intended by this Title Three to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or ordinances, except those specifically repealed by this Title Three, or with private restrictions placed upon property by deed, covenant or other private agreement, or with restrictive covenants running with the land to which the City is a party. Where this Title Three imposes a greater restriction upon land than is imposed or required by such existing provisions of law, ordinance, contract or deed, the provisions of this Title Three shall control.

(Ord. 58-135. Passed 9-2-58.)

In accordance with Article VII of the Charter, the provisions of this Title Three shall be administered by the Planning Commission.

(Ord. 58-135. Passed 9-2-58.)

(a)

Recording of plat. No plat of any subdivision shall be entitled to be recorded in the Cuyahoga County Recorder's office or have any validity until it shall have been approved in the manner prescribed herein. In the event any such unapproved plat is recorded it shall be considered invalid and the Law Director, at the direction of City Council, shall institute proceedings to have the plat stricken from the records of Cuyahoga County.

(b)

Transfer of land before recording; forfeiture. Whoever, being the owner or agent of the owner of any land within the City willfully transfers any lot, parcel, or tract of such land from or in accordance with a plat of a subdivision as specifically defined in Chapter 1105, before such plat has been recorded in the office of the County Recorder, shall forfeit and pay the sum of not less than $50.00 nor more than $500.00 for each lot, parcel, or tract of land so transferred. The description of such lot, parcel, or tract by metes and bounds in the deed or transfer shall not serve to exempt the seller from the forfeiture provided in this section. Such sum may be recovered in a civil action, brought in any court of competent jurisdiction by the Law Director of the City, in the name of the City and for the use of the street repair fund thereof.

(c)

Permits. The Building Commissioner shall not issue building permits for any structure on a lot in a subdivision for which a plat has not been approved and recorded in the manner prescribed herein.

(d)

Public services. The City hereby defines its policy to be that the City will withhold all public services of whatsoever nature, including the maintenances of streets and the furnishing of police and fire protection for all subdivisions which have not been approved and for all areas dedicated to the public which have not been accepted by the Council, in the manner prescribed herein.

(e)

Revision of plat after approval. No changes, erasures, modifications or revisions shall be made in any plat of a subdivision after approval has been given by the Commission, and endorsed in writing on the plat, unless the said plat is first resubmitted to the Commission. (Ord. 58-135. Passed 9-2-58.)

(f)

Fees.

(1)

Filing. The subdivider shall pay a filing fee of $25.00 for each sublot in the subdivision for every preliminary plat submitted to the Commission for approval. (Ord. 03-63. Passed 6-2-03.)

(2)

Checking, investigating and supervision of items under "Improvement Plans" (see C.O. 1105.04). The subdivider shall pay to the City the actual cost of checking, investigating and for other matters required by law and these regulations, and for supervising construction of improvements referred to in C.O. 1105.04. The subdivider shall deposit with the Director of Public Service and Properties at the time of filing of the final plat, an amount which shall be determined by the Director of Public Service and Properties as the estimated costs of compliance with this section. (Ord. 58-135. Passed 9-2-58.)

(3)

The fees provided in this subsection (f) shall not be applicable where the land to be subdivided or combined abuts, for its entire frontage, upon a duly dedicated and accepted public street, all improvements referred to in C.O. 1105.04 are installed and the subdivision does not involve the allocation of land for the opening, widening or extension of any street.

(Ord. 60-26. Passed 4-4-60.)

No person shall subdivide any tract of land which is located within the City except in conformity with the provisions of this Title Three.

(Ord. 58-135. Passed 9-2-58.)

Whoever violates this Title Three shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not exceeding $500.00. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.

(Ord. 58-135. Passed 9-2-58.)

Previous to the filing of an application accompanying the preliminary plat, as required by this Title Three, the subdivider may submit to the Commission a rough general plan of the contemplated subdivision for tentative approval, which rough general plan of the contemplated subdivision shall include, by means of a transparent overlay, or by colored dotted lines on such plan, the location of roads proposed in accordance with the then presently existing recorded Thoroughfare Plan for the area to be subdivided.

(Ord. 64-89. Passed 8-3-64.)

(a)

Contents. The preliminary plat shall show, on a map, all the facts needed to enable the Commission to determine whether the proposed layout of the land in a subdivision is satisfactory from the standpoint of public interest, which rough general plan of the contemplated subdivision shall include, by means of a transparent overlay, or by colored dotted lines on such plan, the location of roads proposed in accordance with the then presently existing recorded Thoroughfare Plan for the area to be subdivided. (Ord. 64-89. Passed 8-3-64.)

(b)

Preparation. The preliminary plat shall be prepared by an engineer who is registered in Ohio. (Ord. 58-135. Passed 9-2-58.)

(c)

Filing.

(1)

The subdivider seeking consideration on the preliminary plat shall file an application for preliminary approval with the secretary of the Commission, or with other authorized representatives of the Commission, prior to the tenth calendar day preceding the next scheduled meeting of the Commission, in which he seeks consideration, together with 12 copies of the preliminary plat, 12 copies of the improvement plans, and a deposit with the City the sum of $1,000.00 to cover all costs incurred by the City for the review of improvement plans by the City's Consulting Engineer.

(2)

The subdivider will be required to deposit additional funds if engineering fees exceed the original amount. Upon final acceptance of the improvement plans or withdrawal, all unused monies will be refunded to the subdivider. (Ord. 03-51. Passed 5-5-03.)

(d)

Approval.

(1)

Referral to engineer. The Commission shall transmit copies of the preliminary plat and improvement plans to the Director of Public Service and Properties for his study and recommendations.

(2)

Time requirement. The Commission shall act on the preliminary plat and improvement plans within 90 days after filing unless such time is extended by agreement with the subdivider or his agent, during which period it shall receive a written report with his recommendations from the Director of Public Service and Properties. If no action is taken by the Commission within said 90 days after filing or such longer period as may have been agreed upon, the preliminary plat as filed shall be deemed approved and it shall be the duty of the Chairman of the Commission to cause compliance with (3-A) below.

(3)

Notice of action taken. The Commission shall determine whether the preliminary plat shall be approved; approved with modifications; or disapproved; shall cause a notation of the action taken to be noted on the plat and shall give notice to the subdivider in the following manner.

(A)

If approved, the Secretary of the Commission shall affix his signature to the plat and improvement plans and attach thereto a notation that it has received preliminary approval and return one copy to the subdivider for compliance with final approval requirements.

(B)

If approved with modifications or disapproved, a notation of the action taken, and requisite reasons therefor, shall be entered in the records of the Commission and a record thereof transmitted to the subdivider with his Preliminary Plat.

(4)

Effect of approval. Approval of the preliminary plat by the Commission shall not constitute final acceptance of the subdivision by the Commission.

(5)

Right of subdivider after approval. Preliminary approval shall confer upon the subdivider the right for a 12 months period from the date of approval that the general terms and conditions under which the preliminary approval was granted will not be changed by the Commission. This shall in no way be construed to preclude action by Council.

(6)

Abandonment of plan. If the subdivider does not file the final plat, with improvement plans, with the Commission within 12 months after the date of approval of the preliminary plat, the preliminary plat shall be deemed abandoned.

(Ord. 58-135. Passed 9-2-58.)

(a)

Content. The final plat and improvement plan shall include all plans and details required for the construction of the subdivision and shall conform to the preliminary plat and improvement plan except all required changes or modifications shall be incorporated.

(b)

Preparation. The final plat shall be prepared by an engineer registered in Ohio.

(c)

Filing.

(1)

Required matter. Within 12 months after the action of the Commission approving the preliminary plat, the subdivider seeking approval of a final plat shall proceed to file with the Commission:

(A)

A written application for final approval.

(B)

The final plat completely executed and a copy thereof.

(C)

Cross sections and profiles of streets, and all other construction drawings related to the improvements to be constructed in the subdivision and related existing facilities.

(D)

A statement by the Director of Public Service and Properties certifying that he is in receipt of a map showing all utilities in exact location and elevation, identifying those portions already installed and those to be installed.

(d)

Approval.

(1)

Referral to director of public service and properties. Such cross-sections, profiles and other construction drawings shall be forwarded by the Commission to the Director of Public Service and Properties and the City Engineer, for his study and recommendations.

(2)

Final tracing. After receiving a written report from the Director of Public Service and Properties, the Commission shall notify the subdivider of any recommended changes or suggestions so that the subdivider may correct the final tracing and submit same for final approval.

(3)

Time requirement. The final plat, in the form of a final tracing, shall then be resubmitted to the Commission within six weeks. The Commission shall act on the final plat within 90 days after filing, unless such time is extended by agreement with the subdivider. If no action is taken by the Commission within said 90 days after filing or such longer period as may have been agreed upon, the final plat shall be deemed approved, and it shall be the duty of the Chairman of the Commission to comply with (4-A) below.

(4)

Notice of action taken. The Commission shall determine whether the final plat shall be approved or disapproved and shall give notice to the subdivider in the following manner.

(A)

If approved, the Secretary of the Commission shall affix his signature to the plat and attach thereto a notation that it has received final approval, and similar notification shall be given the Clerk of Council.

(B)

If disapproved, the Secretary of the Commission shall attach to the plat a statement of the reasons for such action and return it to the subdivider. In any case, a notation of the action taken and requisite reasons therefor shall be entered in the records of the Commission.

(5)

Action by council. Any proposed subdivision approved by the Planning Commission shall be referred to the Planning and Zoning Committee of Council for study and recommendation of approval, disapproval, or approval with modification. Action by Council of approval or disapproval shall be by resolution or ordinance. A request for modification by the subdivider may be by motion. Council shall approve the proposed subdivision on determination by it that:

(A)

The proposed streets are in accordance with the thoroughfare plan and if not, a determination that the proposed streets are so located as to properly serve the subdivision on other areas that connect with or will connect with the subdivision streets;

(B)

That all proposed improvements meet the standards for construction set by the City;

(C)

That the streets, rights-of-way, easements, and other sites designated for public use are properly offered for dedication as shall be evidenced by a title guarantee in form and to a date as determined by the Director of Law, which title guarantee shall be furnished the City by the subdivider;

(D)

Either (1) All improvements for the subdivision have been installed in accordance with the requirements of applicable ordinances, the action of the Planning Commission, and the Director of Public Service and Properties, or (2) Bond or certified check has been posted, which is available to the City and is in a sufficient amount to assure the completion of all required improvements;

(E)

That any deed restrictions placed on the property are in recordable form, name the City as a party which may enforce the restrictions, and contain no provisions setting any standards lower than the standards set by ordinances of the City for the property;

(F)

That the approval of such subdivision shall be in the best interest of the City.

(6)

Recording. The City shall record the final plat in the office of the County Recorder of Cuyahoga County, if it is approved by Council, which recording shall not constitute an acceptance of the dedication of streets or any other public lands contained in the subdivision unless the resolution provided in (5) above so provides and an appropriate notation appears on the face of the plat.

(Ord. 58-135. Passed 9-2-58.)

(a)

Conformity. The arrangement, character, extent, width, grade and location of all streets shall conform to the Thorofare Plan and shall be considered in their relation to existing and planned streets, to topographical conditions, to public convenience and safety, and in their appropriate relation to the proposed uses of the land to be served by such streets. Where not shown on the Thorofare Plan, the arrangement and other design standards of streets shall conform to the provisions found herein.

(b)

Relation to adjoining street system. The arrangement of streets in new subdivisions shall make proper provision for the continuation of the existing streets in adjoining areas.

(c)

Projection of streets. Where adjoining areas are not subdivided, the arrangement of streets in new subdivisions shall make proper provision for the projection of streets.

(d)

Streets to be carried to property lines. When a new subdivision adjoins unsubdivided land susceptible of being subdivided, then the new streets shall be carried to the boundaries of the tract proposed to be subdivided.

(e)

Street jogs prohibited. Street jogs with centerline off-sets of less than ten feet shall be avoided.

(f)

Dead-end streets or cul-de-sac. Dead-end streets or cul-de-sacs, designed to be so permanently, shall not be longer than 1,500 feet and shall be provided at the closed end with a turnaround having an outside roadway diameter of at least 100 feet, and a street property line diameter of at least 125 feet. The entire area is to be surfaced. If a dead end street is of a temporary nature, a similar turn-around shall be provided and provision made for future extension of the street into adjoining properties.

(g)

Marginal access streets. Where a subdivision abuts or contains an arterial street the Commission may require marginal access streets or other such treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic.

(h)

Street widths. Street widths shall not be less than

(1)

In front of areas zoned for commercial use and areas where commercial use is contemplated by the Commission, the streets shall be of sufficient width to assure the free flow of traffic.

(i)

Intersections. The intersection of more than two streets at one point shall be avoided except where it is impracticable to secure a proper street system otherwise. Streets shall intersect one another at an angle as near to a right angle as possible, and no intersections of streets at angles less than 80 degrees shall be approved. Street intersections shall be rounded with a radius acceptable to the Commission.

(j)

Street deflections. When connecting street lines deflect from each other at any one point by more than 30 degrees, they shall be connected by a curb determined by the Commission to be adequate to insure a proper sight distance, but in no event a sight distance of less than 500 feet.

(k)

Reverse curves. A tangent at least 100 feet long shall be introduced between reverse curves.

(l)

Subdivision into tracts larger than ordinary building lots. Where a tract is subdivided into larger parcels than ordinary residential building lots, such parcels shall be arranged so as to allow the opening of future streets and logical further resubdivision, in accordance with existing Thorofare Plan.

(m)

Reserve strips. Reserve strips controlling access to streets shall be prohibited except under conditions approved by the Planning Commission.

(n)

Street grades. No street grade shall be less than four-tenths percent.

(o)

Half-streets prohibited. Half-streets shall be prohibited. (Ord. 58-135. Passed 9-2-58.)

(p)

Street names and numbers. Names of new streets shall be determined by the Planning Commission and shall not duplicate existing or platted street names anywhere within Cuyahoga County, unless a new street is a continuation of, or in alignment with, the existing or platted street. House numbers shall be assigned in accordance with the house numbering system in effect in the City. (Ord. 61-90. Passed 5-15-61.)

(q)

Access to streets across ditches. The subdivider shall provide access to all proposed streets, across all ditches, in a method approved by the Director of Public Service and Properties.

(r)

Private streets. Private streets shall not be approved nor shall public improvements be approved for any private street.

(Ord. 58-135. Passed 9-2-58.)

(a)

Residential areas. Alleys shall not be permitted in residential areas.

(b)

Commercial and industrial districts. Alleys shall be provided in Commercial and Industrial Districts, except that the Commission may waive this requirement where other definite and assured provision is made for service access, such as off-street loading, unloading, and parking consistent with and adequate for the uses proposed.

(c)

Width. The right-of-way width of an alley shall be 20 feet.

(d)

Dead-end. Dead-end alleys shall not be permitted, except that the Commission may waive this requirement where such dead-end alley is unavoidable and where adequate turn-around facilities have been provided.

(Ord. 58-135. Passed 9-2-58.)

(a)

Provision for utilities. Easements with a right-of-way width of 10 feet shall be provided along all rear lot lines and along certain side lot lines where necessary for utilities.

(b)

Provision for drainage. Where a subdivision is traversed by a water course, drainage way, channel, or stream, there shall be provided a storm water easement or drainage right-of-way conforming substantially with the lines of such water course, and such further width or construction, or both, as will be adequate for the purpose.

(Ord. 58-135. Passed 9-2-58.)

(a)

Factors governing dimensions. Block length and width or acreage within bounding roads shall be such as to accommodate the size of lot required in the area by the Zoning Code and to provide for convenient access, circulation control and safety of street traffic.

(b)

Arrangement. A block shall be so designed as to provide two tiers of lots wherever feasible.

(c)

Crosswalks. In blocks over 1,000 feet long, pedestrian crosswalks may be required by the Commission in locations deemed necessary to public health, convenience and necessity. Such crosswalks shall be ten feet wide, five feet of which is to be hard-surfaced, and be straight from street to street.

(Ord. 58-135. Passed 9-2-58.)

(a)

Dimensions. Lot dimensions and area shall not be less than the requirements of the Zoning Code. (Ord. 58-135. Passed 9-2-58.)

(b)

Location. All lots shall front and abut at the right-of-way lines by their full continuous frontage on a publicly dedicated street or a street that has received the legal status as such.

(c)

Lines. The side lot lines shall be as close to right angles as practical to straight street lines or radial to curved street lines and run as such the entire length of the lot to the rear lot line. Lots shall thus be rectangular in general form. Dwellings shall front the street that the lot is situated on. Triangular, elongated, acute angles, irregular boundaries or other shapes shall be specifically avoided unless otherwise approved by the Planning Commission. (Ord. 04-76. Passed 6-21-04.)

(d)

Corner lots. Corner lots for residential use shall have extra width to permit appropriate building setback from and orientation to both streets.

(e)

Uninhabitable lots. Lots subject to flooding and lots deemed by the Commission to be uninhabitable shall not be platted for residential occupancy, nor for such other uses as may increase danger to health, life or property or aggravate the flood hazard, but such land within the plat shall be set aside for such uses as shall not be endangered by periodic or occasional inundation or shall not produce unsatisfactory living conditions.

(f)

Lot remnants. All remnants of lots below minimum size left over after subdividing of a larger tract must be added to adjacent lots, rather than allowed to remain as unusable parcels. (Ord. 58-135. Passed 9-2-58.)

(g)

Cul-de-sac. All lots shall front and abut a minimum of 40 feet at the right-of-way line by their full continuous frontage on a publicly dedicated street or a street that has received the legal status as such.

(Ord. 04-76. Passed 6-21-04.)

Prior to the granting of final approval, the subdivider shall have installed, and shall have furnished adequate bond for the ultimate installation of, or otherwise complied with C.O. 1109.03(d)(5)(D).

(Ord. 58-135. Passed 9-2-58.)

Monuments shall be placed at all block corners, angle points, points of curves in streets, and at intermediate points as shall be required by the Director of Public Service and Properties. The monuments shall be of such material, size and length as may be approved by the Director of Public Service and Properties.

(Ord. 58-135. Passed 9-2-58.)

(a)

Surfacing. All streets shall be surfaced in accordance with applicable standard specifications of the City. Such construction shall be subject to inspection and approval by the Director of Public Service and Properties.

(b)

Curbs, gutters and drainage. Curbs, gutters, drainage and drainage structures shall be provided in accordance with standard specifications of the City. Such construction shall be subject to the inspection and approval of the Director of Public Service and Properties.

(c)

Sidewalks. Concrete sidewalks shall be constructed along both sides of every street in the subdivision, in accordance with applicable standard specifications of the City.

(d)

Name signs. Street name signs shall be placed at all street intersections within or abutting the subdivision by the subdivider. Such signs shall be of a type approved by the City and shall be placed in accordance with standards of the City.

(Ord. 58-135. Passed 9-2-58.)

(a)

Water distribution system. The proposed or existing water distribution system shall be installed in accordance with the requirements of the Division of Water and Heat of the City of Cleveland, whose approval shall be endorsed upon the plans. (Ord. 58-135. Passed 9-2-58.)

(b)

Fire hydrants. Fire hydrants shall be installed in all subdivisions. Fire hydrant standards shall be subject to the approval of the City Fire Division and the Director of Public Service and Properties. The hydrants shall be six-inch hydrants with two and one-half inch outlet connections and one four-inch inside diameter outlet connection, which outlet connections shall be threaded with national standard threads. The hydrants shall be painted in colors directed by the Chief of the Fire Division.

(Ord. 65-139. Passed 11-15-65.)

There is adopted for the purpose of establishing design and construction criteria to apply to both storm and sanitary sewer systems in the City the Uniform Rules, Regulations and Standards for the Design and Construction of Sewerage Improvements as formulated by the Committee on Uniform Standards dated May 11, 1978, save and except such portions as may be hereafter modified, added or deleted.

(Ord. 78-109. Passed 8-21-78.)

A sanitary sewerage system shall be provided so that each lot within the subdivided area shall be provided with a connection thereto. All connections shall be subject to the approval of the Director of Public Service. The installation of the sewerage system shall be subject to the inspection and approval of the Director of Public Service and Properties. The materials to be used shall be in accordance with the standard specifications of the City. When adjoining areas are not subdivided the sanitary sewer shall be of sufficient size as determined by the Director of Public Service and Properties, to meet the expected requirements of the unsubdivided area when it is subdivided.

(Ord. 58-135. Passed 9-2-58.)

A storm sewerage system shall be provided so that each lot within the subdivided area shall be provided with a connection thereto. All connections shall be subject to the approval of the Director of Public Service and Properties. Storm sewers shall also adequately drain the streets. The materials to be used shall be in accordance with the standard specifications of the City. When adjoining areas are not subdivided the storm sewer shall be of sufficient size as determined by the Director of Public Service and Properties, to meet the expected requirements of the unsubdivided area when it is subdivided.

(Ord. 58-135. Passed 9-2-58.)

The Director of Public Service and Properties may, prior to the final approval of any newly installed sewer system, either storm or sanitary, require that photographs of the entire sewer system be taken; if the City has available means for taking such photographs, the City shall undertake such work at the developer's cost and the developer shall deposit with the City the estimated cost thereof. If the City does not have available means to take such photographs, such work shall be contracted by the City on behalf of the developer, who shall pay the contract price.

Such photographs, whether taken by the City or a contractor, shall be the property of the City. If, in the discretion of the Director of Public Service and Properties, the sewers are large enough to permit visual inspection in lieu of photographs, such visual inspection shall be made by the City at the developer's cost and the report of such inspection shall be the property of the City.

(Ord. 64-45. Passed 5-4-64.)

The preliminary plat shall be clearly and legibly drawn and submitted on an Ozalid, or equivalent, black and white print, in duplicate, of size 22 inches by 34 inches.

(Ord. 58-135. Passed 9-2-58.)

The preliminary plat shall contain the following information.

(a)

Description.

(1)

Proposed name of the subdivision. The name shall not duplicate, be the same in spelling or alike in pronunciation with any other recorded subdivision except that adjacent subdivisions may have the same name if each is designated by a different Roman numeral.

(2)

Names of adjacent subdivisions and owners of adjoining parcels of unsubdivided land.

(3)

Names and addresses of the subdivider, owner and engineer.

(4)

Location by town, range, township, county, state.

(b)

Existing conditions.

(1)

Boundaries of the subdivision indicated by a heavy line and the approximate acreage.

(2)

Location, widths, and names of existing or platted streets, easements, parks, permanent buildings, and corporation lines.

(3)

Zoning district.

(c)

Survey data. Existing contours with intervals of not more than one foot.

(1)

Drainage channels, wooded areas, power transmission poles and lines, and any other significant items should be shown.

(2)

Vicinity sketch.

(d)

Drafting of plat. Date of preparation, scale of map, North point.

(e)

Proposals. Location and principal dimensions for all proposed streets, alleys, easements, lot lines and areas to be reserved for public use.

(Ord. 58-135. Passed 9-2-58.)

(a)

Statement of the proposed use of lots stating type of residential buildings with number of proposed dwelling units; type of business or industry, so as to reveal the effect of the development of traffic, fire hazards or congestion of population.

(b)

Proposed covenants and restrictions.

(c)

Provisions for water supply.

(d)

Provisions for sanitary sewage disposal and separate provisions for storm sewage, drainage and flood control.

(e)

If any zoning changes are contemplated, the proposed zoning plan for the area, including dimension.

(Ord. 58-135. Passed 9-2-58.)

The final plat shall be clearly and legibly drawn in India ink on linen tracing cloth, size 22 inches by 34 inches. A photographic copy on linen shall be submitted with the original linen tracing cloth plat.

(Ord. 58-135. Passed 9-2-58.)

(a)

Description.

(1)

Name of the subdivision.

(2)

Names of adjacent subdivisions and owners of adjoining parcels of unsubdivided land.

(3)

Names and addresses of the subdivider, owner and engineer.

(b)

Existing conditions.

(1)

All plat boundaries.

(2)

Bearings and distances to the nearest established street lines, or other recognized permanent monuments which shall be accurately described on the plat.

(3)

Municipal and county lines accurately tied to the lines of the subdivision by distance and bearings.

(4)

Accurate location of all monuments.

(c)

Survey data.

(1)

Length of all arcs, radii, internal angles, points of curvature and tangent bearings.

(2)

When lots are located on a curve or when side lot lines are at angles other than 90 degrees, the width at the building line shall be shown.

(d)

Drafting of plat. Date of preparation, scale of map, North points.

(e)

Proposals.

(1)

All easements for right-of-way provided for public services or utilities, and any limitations of such easements.

(2)

All lot numbers and lines, with accurate dimensions in feet and hundredths, and with bearings or angles to street and alley or crosswalk-way lines, lots to be consecutively numbered beginning with one.

(3)

Accurate outlines of any areas to be indicated or temporarily reserved for public use with the purpose indicated thereon.

(4)

Building setback lines, with dimensions.

(Ord. 58-135. Passed 9-2-58.)

(a)

Protective covenants or proper reference thereto shall be shown on the plat.

(b)

Director of Public Service and Properties certification as required under C.O. 1109.03(d).

(c)

Certification shall be furnished from the Director of Finance that all assessments and taxes have been paid, with taxes being prorated to date of transfer, on the land proposed to be dedicated for public use within the proposed subdivision.

(d)

Certification by a registered civil engineer or surveyor to the effect that the plat represents a survey made by him and that all monuments shown thereon actually exist and that their location is correctly shown.

(e)

An acknowledgement by the owner or owners, of his or their adoption of the final plat, and the offer for dedication of streets and other public areas.

(Ord. 76-111. Passed 8-16-76.)

(a)

Minor subdivision means the division of any parcel of land shown as a unit or as contiguous units on the last preceding tax roll into two or more parcels not involving any new streets or easements of access.

(b)

Lot split means the sale or exchange of parcels between adjoining lot owners where the sale or exchange does not create additional building sites.

(c)

Redivision means the combining of parcels of land into a lesser number of parcels.

(Ord. 89-76. Passed 7-10-89.)

Any application for a minor subdivision, lot split or redivision of parcels of land shall be submitted to the Building Commissioner as follows:

(a)

Preliminary review of uncertified drawing. The applicant may furnish a sketch plan of reasonable accuracy for review and consultation by the Building Commissioner which shall reflect:

(1)

Property description. A drawing or print showing the parcel(s) to be altered and all contiguous land of the same ownership and the name of the owner and of adjoining property owners, including designation of parcels according to official records.

(2)

Structures. Dimensioned locations of existing structures on the parcel(s), residential structures on adjoining parcels, and all nonresidential structures on adjoining parcels.

(3)

Sketch plan. The sketch plan shall be clearly drawn and must show the present layout, the proposed layout, the dimensions of each lot, and the lot numbers of permanent parcel numbers.

(b)

Filing a formal application. The applicant shall file a formal application for a minor subdivision, lot split or redivision of land, provided that the application is submitted in writing and is accompanied by the following:

(1)

Nonrefundable fee.

(Ord. 03-64. Passed 6-30-03.)

(2)

Certified drawings. Drawings prepared by a registered surveyor or licensed engineer containing:

A.

Property description. A drawing or print showing the parcels to be altered and all contiguous land of the same ownership and the name of the owner and of adjoining property owners, including designation of parcels according to official records.

B.

Structures. Dimensioned locations of existing structures on the parcels, residential structures on adjoining parcels, and all nonresidential structures on adjoining parcels.

C.

Additional data. Present layout, proposed layout, dimensions of each lot, and lot numbers of permanent parcel numbers.

(3)

Metes and bounds deed description.

(Ord. 89-76. Passed 7-10-89.)

The Building Commissioner shall submit the metes and bounds deed description of the parcels to be sold, exchanged, divided or combined to the Director of Public Service and Properties to verify for accuracy of survey.

(Ord. 89-76. Passed 7-10-89.)

(a)

Minor subdivision. The minor subdivision shall be approved by the Building Commissioner if he has received the verification provided for in Section 1119.03 above and he determines the proposed minor subdivision:

(1)

Conforms to the Zoning Code and other adopted plans of the City;

(2)

Conforms to accepted safety standards;

(3)

Does not create a nonbuildable lot;

(4)

Does not create a landlocked area; and

(5)

Does not involve the creation of more than five lots.

(b)

Lot split or redivision. The lot split or redivision shall be approved by the Building Commissioner if he has received the verification provided for in Section 1119.03 above and he determines the proposed lot split or redivision:

(1)

Conforms to the Zoning Code and other adopted plans of the City;

(2)

Conforms to accepted safety standards;

(3)

Does not create a nonbuildable lot;

(4)

Does not create a landlocked area; and

(5)

Does not reduce any lot or parcel to dimensions or square foot area less than the minimum dimensions or square foot area required by the Zoning Code in effect at the time of such sale or exchange applicable to the Zoning District in which such land is situated.

(Ord. 89-76. Passed 7-10-89.)

If the Building Commissioner determines that the proposed alteration of land:

(a)

Is not a minor subdivision, lot split or redivision; or

(b)

The requirements of Section 1119.02 above have not been met; or

(c)

The proposal is not otherwise in conformity with the Codified Ordinances of the City;

the Building Commissioner shall state, in writing, the conditions to be complied with before such proposal will be approved by the Commissioner.

(Ord. 89-76. Passed 7-10-89.)

The applicant shall:

(a)

Promptly file or cause to be filed a deed or deeds in the Office of the County Auditor bearing the revised legal description of the parcels of land affected by the proposed change as conditionally approved by the Building Commissioner or the Planning Commission;

(b)

Promptly request, in writing to the County Auditor, that the County Auditor's records be changed to provide that a single tax bill be submitted for each lot owner to include the split or altered parcel and requesting from the County Auditor an acknowledgment in writing; and

(c)

Submit copies of the deed or deeds bearing the recordation information of the County Recorder including date, volume and page numbers of recording, and copies of the letter of request to the County Auditor and the signed acknowledgment thereof, to the Building Commissioner.

(Ord. 89-76. Passed 7-10-89.)

The approval of the Building Commissioner or the Planning Commission arising out of any application pursuant to this chapter shall be effective for 60 days from the date granted and shall become final upon receipt by the Building Commissioner of all copies of items required pursuant to Section 1119.06 regarding the filing with the County Auditor and recordation with the County Recorder. In the event that the applicant needs additional time to obtain such items for filing with the Building Commissioner, the Building Commissioner may grant an extension of time upon request, in writing, from the applicant demonstrating reasonable cause for such extension. If the items required in Section 1119.06 are not timely submitted, then any prior conditional approval shall become null and void, and the application shall thereafter be deemed to have been disapproved.

(Ord. 89-76. Passed 7-10-89.)

The Building Commissioner shall submit a report, in writing, to the Planning Commission at the meeting which constitutes the first meeting of the calendar quarters, stating in summary form or such form as the Planning Commission shall direct regarding each request for a lot split, minor subdivision or redivision of land which has pended at any time during such preceding quarter, stating the location of the affected parcels, the nature of the request, the most recent action taken, and the status of the application for each such application. For purposes hereof, pending shall mean any matter pursuant to Section 1119.02 et seq., for which an application has been filed pursuant to Section 1119.02(b) through final approval as provided for in Section 1119.07.

(Ord. 89-76. Passed 7-10-89.)

(a)

Whoever violates any rule or provision of this chapter for which no other penalty is provided shall be deemed guilty of a misdemeanor of the third degree.

(b)

Whoever, being the owner or agent of the owner, of any land located within the jurisdiction of these regulations, willfully transfers any lot or parcel of such land, or files deeds before the same have been approved by the Building Commissioner, shall be deemed guilty of a misdemeanor of the third degree for each lot or parcel of land sold, divided or transferred. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. The description of such lot or parcel by metes and bounds in the deed or transfer shall not serve to exempt the seller from the forfeit herein provided. The City may enjoin such sale or agreement by a civil action in any court of competent jurisdiction.

(Ord. 89-76. Passed 7-10-89.)

The Commission may authorize a variance from these Plats and Platting Regulations when, in its opinion, undue hardship may result from strict compliance. In granting any variance, the Commission shall prescribe only conditions that it deems necessary to or desirable for the public interest. In making its findings, as required herein below, the Commission shall take into account the nature of the proposed use of land and the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision, and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. No variance shall be granted unless the Commission finds that:

(a)

There are special circumstances or conditions affecting such property such that the strict application of the provisions of this Title Three would deprive the applicant of the reasonable use of his land; and

(b)

The granting of the variance will not be detrimental to the public welfare or injurious to other property in the territory in which such property is situated.

(Ord. 89-78. Passed 7-10-89.)

Application for any such variance shall be submitted in writing for the consideration of the Commission. The petition shall state fully the grounds for the application and all the facts relied upon by the petitioner.

(Ord. 89-78. Passed 7-10-89.)