The following certificates shall appear on final plats. The Certificates marked with an asterisk (*) shall be properly signed before the final plat is submitted to the Planning Commission. Certificates not marked with an asterisk shall not be signed at time of submission of the final plat.

 

 

 

 

 

 

 

 

 

 

(EDITOR’S NOTE: See Code Book for diagrams:

Planning and Zoning Code pages 29 through 35)

   For the purpose of the Subdivision Regulations certain terms are defined as follows:

   (a)   "Subdivision" means:

(1)   The division of any parcel of land shown as a unit or as contiguous units on the last preceding tax roll into two (2) or more parcels, sites or lots, any one of which is twenty-five (25) acres or less in size; or

(2)   The improvement of one (1) or more parcels of land which involves the division or allocation of land for any of the following:

A.    The opening, widening or extension of any street;

B.    Open spaces for common use by owners, occupants or lease holders;

C.    Easements for access or for the extension and maintenance of public sewer or water systems, drainage or other public facilities.

   (b)   "Planning Commission" means the Planning Commission of the City, also referred to as the Commission.

   (c)   "Planning Secretary" means the Secretary of the Planning Commission who is the City Manager.

   (d)   "City Engineer" means the Engineer of the City.

   (e)   "Building Commissioner" means the Building Commissioner of the City.

   (f)   "City Plan" means the official City Plan, being the official plan of the City.

   (g)   "Community Facilities Plan" means the official plan of public schools and public building and parks, playgrounds, playfields and other public recreation facilities being part of the official City Plan.

   (h)   "Transportation Plan" means the official plan of highways, primary and secondary thoroughfares or parkways, being part of the official City Plan.

   (i)   "Major and secondary thoroughfares" means the highways, primary and secondary thoroughfares or parkways designated as such in the official Transportation Plan.

   (j)   "Lot" means a parcel of land intended for transfer of ownership or building development, whether immediate or future. A lot shall have frontage on a public street.

   (k)   "Local street" means a street intended to serve and to provide access to neighborhoods or subneighborhoods.

   (l)   "Minor street" means any street not a highway, primary or secondary thoroughfare, parkway or local street, and intended to serve and provide access exclusively to the properties abutting thereon,

   (m)   "Alley or service drive" means a passage or way affording generally a secondary means of vehicular access to abutting properties.

   (n)   "Subdivision Regulations" means Ordinance 2931-65, passed August 16, 1965, as amended which is codified as Title Three of this Planning and Zoning Code.

   The rules and regulations governing plats and subdivisions of land herein contained shall apply within the City.

(Ord. 2931-65. Passed 8-16-65.)

   Within the territorial limits of the Subdivision Regulations, no person, firm or corporation shall change, resubdivide or rearrange the boundary or division line of any lot or parcel of land, or divide the same by any means into lots for any purpose.

   No person, firm or corporation shall begin with any construction work in a proposed subdivision, including grading, without complying with the provisions hereof and before obtaining the tentative approval of the preliminary plat of the proposed subdivision as hereinafter provided.

   Unless approved as a final plat as provided herein, no subdivision shall be entitled to be recorded in the County Recorder's office or have any validity. The Building Commissioner shall not issue building or repair permits for any structure on a lot in any subdivision built in violation of these Subdivision Regulations.

(Ord. 2931-65. Passed 8-16-65.)

   Any person, firm or corporation who violates, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of these Subdivision Regulations shall be guilty of a misdemeanor of the first degree and shall be fined not more than one thousand dollars ($1,000.00) or imprisoned not more than six months, or both, for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.

(Ord. 7904-07. Passed 4-2-07.)

   In planning and developing a subdivision, the general principles and requirements set forth in Chapter 1909 shall be observed and in every case the following procedure shall be pursued:

   (a)   Sketch Plan. The developer or his engineer shall first submit the proposed plat in sketch form to the Building Commissioner and the City Manager to ascertain the location of proposed streets, parks or other planned developments and their conformance with the City’s Master Plan.

    (b)   Preliminary Plat.

      (1)   The developer, after submitting the plat in sketch form to the City Manager, shall prepare a preliminary plat of the proposed subdivision and construction plans for improvements adequate to determine that sewer, water and street construction can be installed conforming with the requirements set forth in Chapter 1913. The developer shall file with the Building Commissioner an application in writing seeking the approval of the plat, accompanied by four (4) black or blue line prints. The Building Commissioner, in conjunction with the City Engineer, shall review the preliminary plat for conformance with City ordinances. The application shall be submitted at least three weeks (3 weeks) prior to a regularly scheduled meeting of the Planning Commission.

      (2)   The Building Commissioner, in conjunction with the City Engineer, will then check the preliminary plat as to its conformity with the Codified Ordinances, Transportation Plan, Community Facilities Plan, other adopted parts of the City Plan and the principles, standards and requirements set forth in these Subdivision Regulations. The City Engineer will review the construction plans for all proposed improvements.

      (3)   The Planning Commission, upon receipt from the Building Commissioner and City Engineer of any recommendations and/or advice concerning the above matters, will recommend to City Council the approval, approval with modifications or disapproval of the preliminary plat. The Commission will note on the plat any changes that are required, and will forward the plat to the Clerk of Council with the date of recommendation endorsed thereon. Upon the approval or disapproval of the plat by City Council, the Clerk of Council will forward all copies of the plat to the Building Commissioner for distribution. One copy of the drawing will be retained by both the Building Department and by the City Engineer.

      (4)   The preliminary plat will be submitted to Council for acceptance or rejection along with the recommendations of the Planning Commission, the Building Commissioner and the City Engineer.

   (c)   Final Plat.

      (1)   The developer, after approval of the Preliminary Plat by City Council, shall direct his design professional to prepare a final plat of the subdivision. The Final Plat shall be a complete set of construction drawings and shall include all elevations, sections, specifications and all other information necessary to completely construct the project. The final plat shall conform in every respect with the requirements specified in Section 1911.03. In the case of condominium construction, a final draft of the condominium association agreement shall be submitted at this time for review by the City Law Director. The developer shall submit the final plat (with condominium agreement if applicable) not later than six months after approval of the Preliminary Plat by City Council. Construction shall then begin within one year from approval of the Final Plat. Failure to submit the Final Plat and to begin construction within the specified time period will render null and void any and all approvals by the Building Commissioner, the City Engineer and City Council.

      (2)   The developer shall present five (5) black or blue line prints, and an original copy of the final or record plat, with a formal request for approval thereof.

      (3)   The Building Commissioner and the City Engineer will check the final plat, and plans and specifications for improvements. If found satisfactory, the original tracing will be returned to the developer with the approval stamp of the City Engineer and the Building Commissioner.

      (4)   After receiving notification from the City Engineer that the improvements are in order and being satisfied the final plat is in conformity with the approved preliminary plat and these Subdivision Regulation, the Building Commissioner shall approve the final plat and forward it to the City Engineer for the appropriate action in recording the plat.

   (d)   Improvements. The developer, after approval of the Final Plat:

      (1)   May secure from the Building Commissioner the necessary permits to proceed with the streets, curbs and other improvements;

         (Ord. 7435-01. Passed 2-18-02.)

      (2)   Shall, to insure the satisfactory installation in conformance with approved plans and specifications and the City's regulations, post with the Building Department a performance bond in a form approved by the Law Director sufficient to cover the full cost of the work involved based upon an estimate approved by the City Engineer. This bond shall be for the benefit of the City only, is not assignable, and shall not create any third-party beneficiaries. (Ord. 9105-13. Passed 9-3-13.)

      (3)   Shall agree to begin construction of the project within one year (1 yr.) of receiving approval of the Final Plat, and shall thereafter not cause construction to cease for more than a six-month period at any time during the construction. Failure to begin with and continue the construction as specified will render null and void any and all approvals by the Building Commissioner, the City Engineer and City Council.

   (e)   Maintenance Bond and Fees.

      (1)   Upon acceptance of the work, the developer shall post a maintenance bond covering any improvement to be accepted for maintenance by the City. Such bond shall be held by the Clerk of Council and shall become effective upon acceptance of the improvements and approval of the work in place by the Building Commissioner and the City Engineer. Maintenance bonds shall run for two years.

      (2)   With the filing of a Preliminary Plat, the developer shall deposit with the Building Commissioner the sum of five thousand dollars ($5,000.00) to cover engineering review, recording fees, inspection and such testing services as the City deems necessary. Fees shall be charged for services rendered. Periodic deposits to this account shall be made by the developer as necessary to maintain this approximate sum in escrow to pay for services rendered by the City. The deposited funds shall be returned upon receipt of the as-built plat from the developer.

         (Ord. 7435-01. Passed 2-18-02.)

   (a)   Subdivisions. All applications for subdivisions shall be accompanied by a filing fee in an amount as follows:

      (1)   Preliminary Plats. Each application submitted for approval of a preliminary plat shall be accompanied by a fee of fifty dollars ($50.00) for each lot proposed in the subdivision, with a minimum filing fee being set at two hundred fifty dollars ($250.00).

      (2)   Final Plats.    Each application submitted for approval of a final plat shall be accompanied by a filing fee of one hundred dollars ($100.00) payable to the City. Final Plats which include the review of a condominium association agreement shall be accompanied by a filing fee in the amount of two hundred fifty dollars ($250.00) payable to the City.

   (b)   Special Costs. Recording costs for all subdivisions, special review or engineering costs and special legal costs, if applicable, shall be assessed in addition to the above fees and paid before any plat shall be final.

(Ord. 7435-01. Passed 2-18-02.)

   In laying out a subdivision, the developer shall comply with the following general principles and requirements:

   (a)   The layout shall conform to the Transportation Plan and other parts of the adopted City Plan.

      (1)   Whenever a tract to be subdivided embraces any part of a highway, primary or secondary thoroughfare or parkway, so designated on the Transportation Plan, such part of the public way shall be platted by the developer in the location and at the width indicated on such Plan.

      (2)   Where a proposed park, playground or other recreational area, proposed school site or other public ground, shown on the adopted Community Facilities Plan or other part of the City Plan, is located in whole or in part within the proposed subdivision, such proposed public ground or part, if not dedicated to the City, or the Board of Education, shall be reserved and no development take place on such land for a period of not less than ninety (90) days to allow the Council or Board of Education the opportunity to consider and take action toward acquisition of such public ground or part of by purchase or other means.

   (b)   Where considered desirable by the developer and held appropriate by the Planning Commission, open spaces suitably located and of adequate size for parks, playgrounds or other recreational purposes for local or neighborhood use shall be provided for in the design of the proposed subdivision, and, if not dedicated to the public and accepted by the City or Board of Education, may be reserved for the common use of all property owners in the proposed subdivision by covenant in the deed.

      (Ord. 7435-01. Passed 2-18-02.)

   (a)   The street layout of the subdivision shall be in general conformity with a plan for the most advantageous development of adjoining areas and the entire neighborhood.

      (1)   Where appropriate to the design, proposed streets shall be continuous and in alignment with existing, planned or platted streets with which they are to connect.

      (2)   Proposed streets shall be extended to the boundary lines of the tract to be subdivided, unless prevented by topography or other physical conditions, or unless, in the opinion of the Planning Commission, such extension is not necessary or desirable for the coordination of the layout of the subdivision with existing layouts or the most advantageous future development of adjacent tracts. Dead-end streets (courts) of reasonable length will be approved where topography necessitates or where they are appropriate for the type of development contemplated.

      (3)   Proposed streets shall intersect one another as nearly at right angles as topography and other limiting factors of good design permit.

      (4)   Wherever there exists adjoining the tract to be subdivided a dedicated or platted and recorded half-width street or alley, the other half-width of such street or alley shall be platted.

      (5)   Alleys shall be platted in the rear of all lots to be used for business, and in the rear of residential lots fronting on highways, primary and secondary thoroughfares or parkways, unless service roads are provided in front thereof, as means of safe access thereto.

   (b)   Blocks shall have sufficient width to provide for two (2) tiers of lots of appropriate depth, unless, in the opinion of the Planning Commission, prevented by exceptional topography or other physical conditions.

      (1)   The lengths of blocks shall be such as are appropriate, in the opinion of the Planning Commission, for the locality and the type of development contemplated, but shall not exceed one thousand eight hundred feet (1,800 ft.) where the average size of lots does not exceed two (2) acres in area.

      (2)   In any block over nine hundred feet (900 ft.) in length, the Planning Commission may require that a crosswalk or pedestrian way, not less than ten feet (10 ft.) wide, shall be provided near the center and entirely across such block.

         (Ord. 7435-01. Passed 2-18-02.)

   Minimum right of way widths as follows:

   (a)   Highways and primary thoroughfares: as designated on the Transportation Plan, but not less than eighty feet (80 ft.) wide in any case.

   (b)   Secondary thoroughfares and parkways: as designated on the Transportation Plan, but not less than sixty feet (60 ft.) wide in any case.

   (c)   Local streets, minor streets and dead-end streets (courts): sixty feet (60 ft.). All dead-end streets shall terminate in a circular turn-around having a minimum right of way diameter of one hundred feet (100 ft.), unless the Planning Commission approves a "T" or "Y" shaped paved space in place of the required turning circle.

   (d)   Alleys and service drives: twenty feet (20 ft.).

   (e)   Easements for utilities, where required, shall be at least ten feet (10 ft.) wide centered on rear or side lot lines.

      (Ord. 7435-01. Passed 2-18-02.)

   The portion of the pavement required to be installed at the developer’s expense shall be as follows:

   (a)   Primary and secondary thoroughfares or parkways, designated as such on the Transportation Plan, and local and minor streets, twenty-five feet (25 ft.) wide, back to back or curb. Overall pavement widths shall be as designated by the Transportation Plan, and the differences, if any, between the cost of the portion to be provided at the expense of the developer and that of the total width designated by the Transportation Plan shall be borne by the City unless it is determined by the Commission that such greater width will benefit the developer in proportion to its costs. However, the cost of curb and gutter shall be borne by the developer in any case. The pavement of a turning circle at the end of the dead-end street shall have a minimum outside diameter of eighty feet (80 ft.). A "T" or "Y" shaped paved space, when approved by the Planning Commission in place of a turning circle, shall extend entirely across the width of the street right of way and shall be at least fifteen feet (15 ft.) wide with the flared portion rounded by minimum radii of twenty-five feet (25 ft.).

   (b)   Alleys and service drives: sixteen feet (16 ft.)

      (Ord. 7435-01. Passed 2-18-02.)

   (a)   The grades of streets shall not be less than five-tenths percent (5/10%) nor exceed the following:

      (1)   Highways, primary and secondary thoroughfares or parkways, designated as such on the Transportation Plan: six percent (6%) unless prevented by topography.

      (2)   Local streets, minor streets, service drives and alleys: ten percent (10%).

      (3)   Pedestrian ways or crosswalks: twenty percent (20%), unless steps of an acceptable design are to be constructed.

   (b)   All changes in street grade above one percent (1%) shall be connected by vertical curves of a minimum length equal to thirty (30) times the algebraic difference in the rate of grade for highways, thoroughfares or parkways, and one-half (1/2) of this minimum for all other streets.

   (c)   The radii of curvature on the center line shall not be less than the following:

      (1)   Highways, thoroughfares and parkways: five hundred feet (500 ft.).

      (2)   Local streets, minor streets, service drives and alleys: one hundred feet (100 ft.).

         (Ord. 7435-01. Passed 2-18-02.)

   (a)   Curb returns at street intersection shall be rounded by radii of at least thirty feet (30 ft.).

   (b)   The above minimum radii shall be increased when the smallest angle of intersection is less than sixty (60) degrees.

(Ord. 7435-01. Passed 2-18-02.)

   (a)   The size, shape and orientation of lots shall be appropriate for the location of the proposed subdivision and for the type of development contemplated.

   (b)   Excessive depth in relation to width ordinarily shall be avoided.

   (c)   The entire frontage of every lot shall abut on a public right of way dedicated for street purposes.

   (d)   Lots for residential purposes shall have a width at the building setback line as established in the Planning and Zoning Code. No lot shall have a frontage on a street of less than sixty feet (60 ft.).

   (e)   Lots larger than the minimum zoning lot may be required where topography or other considerations may limit the buildable or usable portion of such lots.

   (f)   Corner lots for residential use shall be platted not less than ten percent (10%) wider than interior lots in order to permit conformance with the setback required in the Planning and Zoning Code on the side street.

   (g)   Residential lots fronting on highways, thoroughfares and parkways should have extra depth to permit deep setback for the buildings.

   (h)   Double frontage lots and reversed frontage lots ordinarily shall be avoided. Double frontage residential lots backing on highways, thoroughfares and parkways shall be planted with twenty-foot (20 ft.) wide screen adjacent to the rear lot line.

   (i)   Side lot lines shall be approximately at right angles to the right of way line of the street on which the lot fronts.

   (j)   Rear lot lines shall be parallel to front lines wherever possible.

(Ord. 7435-01. Passed 2-18-02.)

   (a)   The general principles of design and minimum requirements for the laying out of subdivision, set forth in this chapter may be varied by the Planning Commission in the case of a subdivision large enough to constitute a more or less self-contained neighborhood which is to be developed in accordance with a comprehensive plan safeguard by deed restrictions and agreements with the City and which, in the judgment of the Commission make adequate provision for all essential community requirements. However, no modification shall be granted by the Commission which would conflict with the proposals of the Transportation Plan, Community Facilities Plan or with the intent and purposes of the general principles of design and minimum requirements.

   (b)   In any particular case where the developer can show that, by reason of exceptional topography or other physical conditions, strict compliance with any requirements of these Subdivision Regulations could cause practical difficulty or exceptional and undue hardship, the Planning Commission may relax such requirement to the extent deemed just and proper, so as to relieve such difficulty or hardship; provided such relief may be granted without detriment to the public good and without impairing the intent and purposes of these Subdivision Regulations or the desirable general development of the neighborhood and the community in accordance with the adopted City Plan and the Planning and Zoning Code. Any modification thus granted shall be entered in the minutes of the Commission setting forth the reasons which, in the opinion of the Commission, justified modification.

(Ord. 7435-01. Passed 2-18-02.)

   In any residential district where the land to be conveyed is five feet or less, from side or rear yard, without reducing a minimum yard requirement, and where the conveyance is necessitated by practical difficulty or special hardship, then the requirement of filing a linen drawing and formal appearance before the Planning Commission is hereby authorized to approve the conveyance to be recorded by the County Recorder.

(Ord. 7435-01. Passed 2-18-02.)

   (a)   The preliminary plat of the proposed subdivision, four (4) black or blue line prints prepared by a registered Ohio Engineer and surveyor, shall accompany an application in writing to the Building Commissioner for tentative approval of the subdivision.

   (b)   A vicinity sketch at a scale of four hundred feet (400 ft.) or less to the inch shall be drawn on or shall accompany the preliminary plat. Such vicinity sketch shall show all adjacent existing subdivisions and their names, the tract lines of acreage parcels of land together with the names of record owners of such parcels, and all street and alley lines immediately adjoining the proposed subdivision and between it and the nearest existing highways or thoroughfares.

   (c)   The horizontal scale of the preliminary plat shall be thirty feet (30 ft.) or less to the inch.

   (d)   The preliminary plat shall clearly show and indicate the following features and information:

      (1)   The proposed name of the subdivision, which shall not duplicate or closely approximate the name of any other subdivision in the City.

      (2)   An accurate description of the property involved according to the real estate records of Cuyahoga County.

      (3)   The names and addresses of the owners of record, the developer, and the surveyor and engineer who prepared the plat.

      (4)   The names adjoining subdivisions and the names of record owners of adjoining parcels of unplatted land.

      (5)   The boundary lines, accurate in scale, of the tract to be subdivided.

      (6)   The location, widths and names of all existing or platted streets or other public ways and easements within or immediately adjacent to the tract, corporation lines, section and quartersection lines, and other important features such as existing permanent buildings, watercourses, railroad lines, etc.

      (7)   Existing sewers, water mains, culverts and other underground structures within the tract and immediately adjacent thereto, with pipe sizes and grades indicated.

      (8)   Contours, normally with intervals of five feet (5 ft.), except in flat territory where intervals of two feet (2 ft.) may be required, referenced to regional geodetic survey.

      (9)   The layout, proposed names and widths of proposed streets, alleys and easements; the number, location and approximate sizes of proposed catch basins, culverts, fire hydrants and other structures or appurtenances; the layout, numbers and approximate dimensions of proposed lots.

      (10)   Proposed front yard setback or other setback lines.

      (11)   All parcels of land intended to be dedicated or reserved for public use, or to be reserved in the deeds for the common use of property owners in the subdivision, with the purpose, conditions or limitations of such dedication or reservation indicated.

      (12)   North point, scale and date.

      (13)   Geometric designs of all sewer and water improvements, including the layout and proposed grades of sewer and water inlets and inverts, water connections and detention basins.

      (14)   A grading Plan, including proposed elevations of streets, drives, aprons, walks and the finished floor elevation of all principal structures.

      (15)   Copies of any proposed restrictions.

         (Ord. 7435-01. Passed 2-18-02.)

   After approval of the Preliminary Plat, a Final Plat shall be prepared by the developer’s design professional. Five (5) prints and the original tracing of the final or record plat of the subdivision, or of any part of a larger subdivision, shall be submitted to the Building Commissioner with a formal request for approval. The final plat shall be drawn to the scale of thirty feet (30 ft.) or less to the inch, and shall clearly show the following features and information:

   (a)   Legal description of the property, including reference to the section, township and range; section lines and corners; quartersection lines.

   (b)   All plat boundary lines with lengths of courses to hundredths of a foot and bearings or angles based on an accurate survey in the field.

   (c)   The exact locations and the widths along the property lines of all existing or recorded streets intersecting or paralleling the boundaries of the tract.

   (d)   Bearings and distances to nearest established street bounds, other established survey lines or other official monuments, which monuments shall be located or accurately described on the plat. Any established survey or corporation lines shall be accurately monument marked and located on the plat, and their names shall be lettered on them.

   (e)   The accurate location and material of all permanent reference markers shall be steel rods not less than five-eighth inch (5/8 in.) in diameter and twenty-four inches (24 in.) long, located at extreme corners of the subdivision, at all street corners, at all points where street lines intersect the plat boundary lines and at angle points and points of curve in each street, and at all lot corners. Any pins disturbed by construction or grading shall be reset.

   (f)   The exact layout including:

      (1)   Street and alley lines; their names, bearings, angles of intersection and widths including widths along the line of any obliquely intersecting street;

      (2)   The lengths of all lines and cords, arcs, radii, points of curvature and cord line tangent bearings;

      (3)   All easements or right of ways, when provided for or owned by public services with the limitation of the easement rights definitely stated on the plat;

      (4)   All lot lines with dimensions in feet and hundredths, and with bearings or angles of other than right angles to the street and alley lines.

   (g)   Lots numbered in numerical order, and blocks also numbered in numerical order.

   (h)   The accurate outline of all property which is offered for dedication for public use, and of all property that may be reserved by covenant in the deeds for the common use of the property owners in the subdivision, with the purpose indicated thereon.

   (i)   Front, side and rear yard setback lines as established in the Planning and Zoning Code shall be shown. Lines of future streets as designated by the Transportation Plan and those setback lines stipulated in deed restrictions shall be shown.

   (j)   Private restrictions, if any:

      (1)   Boundaries of each type of use restriction;

      (2)   Other private restrictions for each restricted section of the subdivision.

   (k)   Names of the subdivision and name or number of the largest subdivision or tract of which the tract being subdivided forms a part.

   (l)   Names and locations of adjoining subdivisions.

   (m)   Names and addresses of the owner or owners of record, the developer, and of the registered Ohio land surveyor and engineer who prepared plat.

   (n)   North point, scale and date.

   (o)   Plans, sections and/or elevations and construction details and specifications of all roads, streets, alleys, curbs, walks, aprons, drives, water and sewer lines and detention ponds or structures.

   (p)   Certification by the registered Ohio land surveyor and engineer who prepared the plat to the effect that the plat represents a survey made by him, that all monuments indicated thereon actually exist and that their location, size and material are correctly shown.

   (q)   Other certificates, required by law, including certificate of title showing ownership of the tract of land included in the subdivision, certificate from the County Auditor showing that all taxes have been paid, and certificate of title guarantee from approved title insurance company that there are no liens or encumbrances against the land being deeded or dedicated to the City.

   (r)   Any and all construction information not itemized in the preceding items that may be required for a comprehensive review of construction details by the City Engineer.

      (Ord. 7435-01. Passed 2-18-02.)

   The scope of work of this Section shall include all improvements contained within the City Right-of-Way as well as those improvements installed on private property outside of the envelope created by the foundation walls of a dwelling unit or commercial structure.

   (a)   Prior to final approval of the work and/or the return of any escrowed funds, the new infrastructure improvements required under these Subdivision Regulations or any alterations, upgrades or repairs to existing infrastructure shall be constructed and installed either according to specifications and/or details approved by the City Engineer for the specific project or according to standard specifications, sections and details found in these Codified Ordinances. In respect to the proper inspection of the improvements to be installed or the alterations or repairs to the infrastructure to be made, the City Engineer, the Director of the Service Department or the Building Commissioner, or their authorized representatives, shall be authorized to conduct necessary inspections of the work in place. The fees for permits and inspections relating to installation, alteration or repair of such infrastructure shall be set by City Council from time to time as they see fit. All inspections shall be completed and any known violations corrected prior to final approval of the work by City officials or submission to the Building Commissioner of a record plat for final review and approval by the City Engineer, or
(Ord. 7733-05. Passed 7-11- 05.)

   (b)   In lieu of completing all the improvements as required in subsection (b) hereof, except the installation of sidewalks, the developer shall furnish the City with a surety bond, sufficient to cover the cost of any or all of the improvements, including sidewalks, required to be installed by the developer, based on estimate approved by the City Engineer, thereby to secure a permit for the actual construction and installation of such improvements within one year after the approval of the final plat, subject to extension by the Building Commissioner. In the event the developer has not completed the sidewalks as required, he shall furnish the Building Commissioner with a separate surety bond, sufficient to cover the cost of the installation of such sidewalks required to be installed by the developer based on an estimate approved by the City Engineer, thereby to secure the permit for actual construction and installation of such sidewalks.

      (Ord. 7435-01. Passed 2-18-02.)

   (a)   Construction plans for improvements to be installed shall be prepared by a registered Ohio professional engineer, whose seal shall appear thereon, and four (4) prints furnished, in accordance with the requirements of the Building Commissioner, which shall be revised as may be necessary to and receive approval by the City Engineer before improvements are installed:

      (1)   Plan and profile of each street, referenced to regional geodetic survey, at a horizontal scale of thirty feet (30 ft.) or less to the inch, and vertical scale of ten feet (10 ft.) or less to the inch, with tentative grades indicated; including plans and profiles of proposed sanitary sewers and service connections, storm sewers, with grades and sizes indicated, water mains and sidewalks;

      (2)   Typical cross-section of each proposed street, at a horizontal and vertical location and width of sidewalks and the location of utility mains; and

      (3)   Complete grading plan.

   (b)   Streets shall be graded to the full right of way width and fully constructed. Residential streets shall be constructed with seven inches (7 in.) of reinforced Portland cement concrete not less than twenty-five feet (25 ft.) wide, back to back of curb, and with curb and gutter, or as otherwise required in Section 1909.04(a), all in accordance with the specifications and meeting the approval of the City Engineer. Greater width, thickness or reinforcement may be required by the City where use or traffic loads differ from a residential subdivision. Asphaltic concrete is not permitted.

   (c)   Sidewalks constructed of Portland cement concrete four feet (4 ft.) wide and four inches (4 in.) thick, except six inches (6 in.) where crossed by a driveway, shall be constructed on both sides of every street unless, in the opinion of the Building Commissioner, these are unnecessary to protect the safety of pedestrians.

   (d)   Alleys shall be graded to the full width of the right of way and shall be surfaced with a material satisfactory to the City Engineer. Such paved width shall be four feet (4 ft.) less than the dedicated right of way unless otherwise specified.

(Ord. 7435-01. Passed 2-18-02.)

   (a)   Every subdivision shall be provided with a complete water distribution system adequate to serve the area being platted including one service connection for each lot extended two feet (2 ft.) behind the curb line, and appropriately spaced fire hydrants, with the entire water system designed to meet the approval of the City Engineer and the Bedford Water Commissioner. Such approval shall be so certified on the plans for the water system.

   (b)   Every subdivision shall be provided with a storm sewer or drainage system adequate to serve the area being platted and otherwise meeting the approval of the City Engineer.

   (c)   In every subdivision, provision shall be made for the satisfactory disposal of sanitary sewage.

      (1)   The subdivision shall be provided with a complete sanitary sewer system connected with such sewer main, including a service connection for each lot located two feet (2 ft.) behind the curb line.

      (2)   Backfilling of trenches. Wherever excavations for storm sewer, sanitary sewer and/or water mains and appurtenances thereto may lie beneath the existing or proposed pavement, sidewalk or drive areas, such excavations shall be backfilled with sand of a grade and in a manner approved by the City Engineer.

   (d)   All Water and Sewerage piping and appurtenances shall be installed per the details contained in Appendix I and II and the following minimum specifications:

      (1)   Water service lines to individual dwelling structures or to structures containing multiple dwelling units shall be sized according to demand but shall be a minimum of 1-inch, Type “K”, seamless, soft copper piping.

      (2)   Piping shall be installed in one continuous section free of all joints or fittings whenever possible and when not possible due to length of run shall be connected by flair-style fittings.

      (3)   When placed in the same trench with sewer piping, the water piping shall be placed a minimum of 12-inches above the highest point of the top of the sewer piping.

      (4)   Piping shall be installed in one continuous section free of all joints or fittings whenever possible and when not possible due to length of run shall be connected by flair-style fittings.

      (5)   All copper water piping shall be protected from damage during backfilling by completely surrounding the piping with a minimum of 12-inches of clean mason sand. Backfill containing broken concrete, broken asphalt or other substances that may be injurious to the piping shall not be used to backfill water or sewer piping.

      (6)   Sanitary sewer piping shall be constructed of schedule 40 PVC or ABS coextruded composite piping with matching fittings. Individual sanitary sewer laterals shall not be installed smaller than 4-inches in diameter nor larger than 6-inches in diameter and shall be installed from the public main to a point within 5-feet of the structure in the same size piping as the tap into the public sewer main. A cleanout of the minimum size of 4-inches in diameter shall be installed 1-foot inside the public right-of-way or public sidewalk and again within 5-feet of and outside of the foundation wall of the structure. Additional cleanouts shall be placed the maximum of 200 feet apart or at changes of direction in exceptionally long runs of piping. Connections to existing piping shall be made with approved elastomeric, mechanical fittings with stainless steel bands and be installed in accordance with the manufacturer’s instructions.

      (7)   Sanitary or storm sewer piping shall be bedded with #57 limestone or washed gravel material which shall be placed a minimum of 6-inches in thickness below the sewer piping and to a minimum height equaling the center line of the piping.

      (8)   The roof and footer drains of all new dwellings and those existing dwellings undergoing significant alterations shall be connected to the municipal storm sewer system whenever one is available. Storm sewer piping shall be a minimum of SDR-35 solid or perforated piping and shall be equipped with cleanouts in strategic locations per the approved drawings.

      (9)   A permit shall be required for the installation or replacement of water or sewer lateral piping which shall be charged at a rate approved by City Council. All piping shall be inspected by an authorized representative of the City Engineer, the Service Director or the Building Commissioner prior to backfilling. (Ord. 7734-05. Passed 7-11-05.)

   In all subdivisions of ten (10) or more lots the following shall be complied with:

   (a)   The preliminary plat with respect to any new subdivision shall be submitted to all utility companies servicing the subdivision and the Building Commissioner for their recommendations;

   (b)   Utility easements ten feet (10 ft.) in width for communication and electric power and street lighting distribution lines and facilities shall be provided on all front lot lines and along certain side or rear lot lines where necessary;

   (c)   Prior to granting final approval, the developer shall have installed or shall have furnished adequate bond for the ultimate installation to the approval of the Building Commissioner of the following:

      (1)   Underground communication cables;

      (2)   Underground distribution cables for power and street lighting from a common distribution system, and the equipment and housing necessary in the operation of the distribution system;

      (3)   Adequate provision for streetlight lamps and standards in accordance with a design approved by the Planning Commission. The developers shall bear the increase in costs, if any, over the normal mode of construction or communication or electrical lines and facilities, as determined by the telephone or electric company involved in accordance with the rules and regulations of the telephone or electric company involved.

   (d)   The Planning Commission may recommend a variance from these Regulations when undue hardships would otherwise result from strict compliance. In recommending any variance the Commission shall prescribe only conditions that it deems necessary or desirable for the public interest after finding that there are special circumstances or conditions affecting such property which in the strict application of the provisions of these Subdivision Regulations would deprive the applicant of the reasonable use of his land.

   (e)   Where underground utilities are not required, poles shall be erected for electric lights and telephone lines or other utilities and shall be placed in easements provided along the rear or side lot lines to the approval of the Planning Commission.

   (f)   Monuments shall be placed in accordance with the requirements of Section 1911.03(e).

(Ord. 7435-01. Passed 2-18-02.)

   Where the construction as performed varies from the plans filed and approved as hereinbefore required, "as-built" construction drawings shall be filed with the Building Commissioner for review by the City Engineer. If such construction does not vary from such plans, an affidavit so certifying shall be filed prior to acceptance of a final plat or acceptance of improvements for maintenance.

(Ord. 7435-01. Passed 2-8-02.)

   (a)   In new subdivisions of four (4) or more lots, all telephone, electric power and street lighting wires, conduits or cables to serve lots in such subdivision shall be constructed underground upon easements provided for the utilities, except that those wires, conduits or cables owned by or serving individual customers and located wholly on the customer's property need not be located upon easements. All such underground wiring shall be constructed in accordance with standards and regulations promulgated by the Public Utilities Commission of Ohio.

   (b)   No such subdivision shall be approved by the Planning Commission nor shall any permit be issued by the Building Inspector for the construction of any building within such subdivision unless proper provision has been made to comply with the requirements of this section.

(Ord. 7435-01. Passed 2-18-02.)

   (a)   All sanitary outlets from a residential or commercial structure shall be connected to the municipal sanitary sewer system if it is available, or otherwise to a private system approved by both the City Division of Building and the County Health Department in cases when no municipal system is available.

   (b)   All residential or commercial buildings and accessory structures shall be equipped with gutters and downspouts or other approved roof drainage system. All downspouts and drain tiles shall be connected to an approved municipal storm water system unless specifically approved otherwise by the City Engineer or Building Official. Combination storm/sanitary sewers shall not be used for the disposal of rain or ground water.

   (c)   The architectural size and design of any structure, whether residential or commercial in nature, shall be architecturally compatible with the structures in the general neighborhood in which it is constructed. All single family ranch-style dwellings shall be of a size of at least 1,100 square feet in area exclusive of any basement, garage or utility room. Any 1½ or 2-story dwelling shall be of a size at least 800 square feet on a full floor and at least 400 square feet on a half-floor. No dwelling shall contain less than 1,100 square feet of livable area exclusive of basements or utility rooms regardless of the number of levels. No modular or manufactured structure which is intended for use as a dwelling shall be placed in any neighborhood unless it is equipped with a roof that is pitched a minimum of 4 horizontal units for each 12 vertical units and is of a comparable size to other structures in the neighborhood.

   (d)   No dwelling shall be equipped with bedrooms located on a windowless story, below-grade story or in a basement unless it complies with the provisions of the Residential Code of Ohio for One, Two and Three-Family Dwellings or is specifically approved by the Building Official. No dwelling shall be equipped with bedrooms located on a third story above ground or in an attic unless it complies with the provisions of the Residential Code of Ohio for One, Two and Three-Family Dwellings and/or such story is equipped with two means-of-egress stairways approved by the Building Official.

   (e)   All occupants of a dwelling unit shall have a room or space dedicated for sleeping purposes. Only one occupant shall utilize any one dedicated space. Each occupant of the dwelling unit shall have a minimum of 70 square feet of space dedicated for use as sleeping area and used for no other purpose. Common areas used for both living and sleeping shall have the minimum floor areas required for both purposes. Spaces or rooms dedicated for use by more than one occupant shall contain a minimum of 50 square feet of space for each occupant. The sole path of egress from any bedroom area shall not be through a bathroom.

   (f)   No structure which is intended to be used as a dwelling or accessory to a dwelling shall be constructed within the City of Bedford unless it is equipped with a permanent foundation in compliance with the Residential Code of Ohio for One, Two and Three-Family Dwellings. All footings or foundation walls of dwellings or their accessory structures shall rest on virgin or undisturbed soil, on bedrock, or on engineered fill at a minimum depth of 36 inches below the adjacent exterior grade.

   (g)   All footings or foundations of structures located below the adjacent exterior grade shall be constructed of cement or masonry materials. Wood (and pole) footings or foundations shall not be permitted.

   (h)   Dwelling units located above or adjacent to a commercial use shall be separated from the commercial use by a minimum of a 1-hour rated fire wall, floor/ceiling assembly or other separation based on the applicable sections of the Ohio Building Code.

   (i)   The exposed surfaces of concrete or masonry foundation walls and any exposed exterior walls of all residential or commercial structures shall be constructed using brick masonry or other similar masonry or quality, decorative product as may be approved by the Building Official or the Planning Commission.

   (j)   It shall be unlawful to construct or equip any residential or commercial structure with an incinerator of any type.

   (k)   Chimneys, flues and other appurtenances to solid-fuel burning appliances, including stoves and fireplaces, shall be installed, with the approval of the Building Commissioner or the City Manager, in such a manner and at such a height as necessary to prevent the creation of a nuisance in the neighborhood from smoke or soot.

   (l)   All structures, whether residential or commercial, shall be served by and connected per the applicable sections of the Ohio Plumbing Code to the Bedford municipal water system unless otherwise approved in writing by the Building Commissioner.

   (m)   All materials installed under the terms of this code shall be installed in a neat and workmanlike manner. All materials shall be installed according to the written instructions or recommendations of the manufacturer. Any material used to patch a surface or assembly shall be equal to or the same as the material being patched in quality, strength, texture and color. All building lines shall run level and plumb, flat and true. All drywall installed in an occupiable space shall be finished to a standard equal to Level 4 as described and published by the Gypsum Association.  A standard of workmanship equal to or exceeding the highest standards of the industry shall be required.

   (n)   Garages Required. All new dwellings and all existing dwellings which are being increased in gross floor area shall be equipped with indoor parking, either attached or detached. Garages which must be razed due to their condition, location or other circumstances must be replaced with a garage of similar size.

   (o)   Allowable Sizes of Garages. The size of any garage shall not exceed 500 square feet for lot sizes up to 5,000 square feet. For each additional complete increment of 2,500 square feet of lot area, the size of the garage may be increased by 200 square feet. The total of all garages on a lot shall not exceed 1,100 square feet unless approved by the Planning Commission.

   (p)   The number and location of all fire hydrants, yard hydrants and fire department connections to automatic sprinkler systems which serve any new commercial structure, project or development shall be determined and approved by the Chief of the Bedford Fire Department.

(Ord. 7819-06. Passed 6-12-06.)

   (q)   Asphalt Surfaces.

      (1)   Commercial. Asphalt materials shall be used on commercial projects in lieu of concrete in the City of Bedford only with the prior approval of the Building Commissioner. When approved, commercial drives and parking areas not subject to truck traffic shall be constructed pursuant to the current Ohio Department of Transportation (ODOT) guidelines and specifications.

      (2)   Residential. Residential driveway paving shall be constructed per the following specification:

         A.    Concrete driveways and parking areas shall be constructed pursuant to the current Ohio Department of Transportation (ODOT) guidelines and specifications.

         B.    Asphalt driveways shall be constructed pursuant to the current Ohio Department of Transportation (ODOT) guidelines and specifications.

            (Ord. 9642-18. Passed 9-4-18.)

      NOTE: All aprons, whether commercial or residential, shall be constructed of reinforced concrete with a minimum compressive strength of 4,000 psi. Residential aprons shall be the minimum thickness of 6-inches. Commercial aprons shall be the minimum thickness of 8-inches.

      (Ord. 7819-06. Passed 6-12-06.)