Bedford Heights City Zoning Code
TITLE ONE
Subdivision Regulations
1101.01 TITLE; SCOPE.
This Title One of Part Eleven - Planning and Zoning Code shall be known as the Subdivision Regulations of the City or just the Subdivision Regulations. The rules and regulations governing plats and subdivisions of land contained herein shall apply within the corporate limits of the City.
(Ord. 72-13. Passed 7-11-72.)
1101.02 DEFINITIONS.
For the purpose of these Subdivision Regulations certain terms are defined as follows:
(a) “Block” means a tract of land bounded by streets.
(b) “City” means the City of Bedford Heights, Ohio.
(c) “Council” means the Council of the City.
(d) “Commission” or “Planning Commission” means the Planning Commission of the City.
(e) “Crosswalk” means a right of way, dedicated to public use, which cuts across a block to facilitate pedestrian access to adjacent streets and properties.
(f) “Easement” means a grant by the property owner for the use of a strip of land by the public, a corporation or persons for specific purposes.
(g) “Engineer” means the Municipal Engineer.
(h) “Lot” means a portion of a subdivision or other parcel of land intended as a unit for transfer of ownership or for development.
(i) “Master Plan” means a comprehensive plan for future community development prepared by or for the Planning Commission, and adopted by it, indicating its recommendations for the use of private land; the general street system; transits and transportation systems; utility systems; public open spaces and building; zoning; control of land subdivision; rehabilitation areas; and other Municipal elements.
(j) “Secretary” means the Secretary of the Planning Commission.
(k) “Service drive” means a passage or way affording generally a secondary means of vehicular access to abutting properties and not intended for general traffic circulation.
(l) “Street” means a right of way, dedicated to public use, which provides vehicular and pedestrian access to adjacent properties and is classified as follows:
(1) “Business and industrial street” means a street that can be expected to handle heavy traffic by providing through traffic movement in areas zoned for business, commercial or industrial uses.
(2) “Main thoroughfare” means a street of primary importance and/or of considerable continuity and which will collect traffic from collector and minor streets.
(3) “Collector street” means a street which serves or is intended to serve as a collector of traffic from several minor streets and is the principal means of access to the main thoroughfare or road system.
(4) “Minor street” means a street which is used primarily for access to abutting residential properties.
(5) “Cul-de-sac” means a permanent dead-end street not over 600 feet in length, having a turning circle at the closed end.
(m) “Subdivision” means either 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, sites or lots, any one of which is less than five acres, for the purpose, whether immediate or future, of transfer of ownership or building development, provided, however, that the division or partition of land into parcels of more than five acres not involving any new streets or easements of access, and the sale or exchange of parcels between adjoining lot owners, where such sale or exchange does not create additional building sites, shall be exempted; or the improvement of one or more parcels of land for residential, commercial or industrial structures or groups of structures involving the division or allocation of land for the opening, widening or extension of any street or streets, except private streets serving industrial structures; or the division or allocation of land as open spaces for common use by owners, occupants or lease holders or as easements for the extension and maintenance of public sewer, water, storm drainage or other facilities.
(n) “Subdivision Regulations” or “these Regulations” means that part of Ordinance 72-13, passed July 11, 1972, codified herein as Title One of Part Eleven Planning and Zoning Code.
(Ord. 72-13. Passed 7-11-72.)
1101.03 FEES AND DEPOSITS.
(a) When Payable. At the time of filing the application for approval of any plat and at the time when plans and specifications for any improvements are submitted to the Planning Commission for approval, there shall be paid to the Director of Finance a filing fee, and a deposit of money shall be made with the Director as hereinafter set forth to insure the payment by the applicant of all expenses incurred by the City in the processing of the application and all pertinent papers connected therewith.
The cost and expense of any investigation by the Municipal Engineer, the Director of Law and other City officials which may be necessary to determine whether such proposed subdivision is in accordance with law, and whether its improvements, if any, have been made in accordance with the requirements of the City, the cost of any and all notices required and all other necessary expenses shall be paid from the deposit.
In the event that the actual expenditures exceed such deposit, the excess shall be paid by the applicant upon demand of the Director of Finance. If such expenditures are less than the required deposit, the balance shall be refunded to the applicant upon the completion of all administrative proceedings involved in connection with the plat. No filing fee shall be refunded or returned.
(b) Filing Fees. For filing plat for approval, for each lot upon the plat $ 5.00 Minimum fee 50.00 Maximum fee 500.00 (c) Deposits for Expenses. (1) Single-Family Residence Districts. For plats of five lots or less $100.00 For plats of six to 100 lots 350.00 For plats of over 100 lots 800.00 (2) Multifamily, Town House, Local Retail, Commercial and Industrial Districts. For plats less than five lots $ 200.00 For plats over five lots 700.00 (Ord. 96-088. Passed 5-21-96.) |
1101.04 SEPARABILITY.
These Subdivision Regulations and the various chapters, sections and paragraphs thereof are hereby declared to be separable. If any section, subsection, paragraph or phrase of these Subdivision Regulations is adjudged unconstitutional or invalid by any court of competent jurisdiction, the remainder of these Subdivision Regulations shall not be affected thereby.
(Ord. 72-13. Passed 7-11-72.)
1101.05 AUTHENTICATION; EFFECTIVE DATE.
The Clerk-Treasurer is hereby ordered and directed to certify the passage of these Subdivision Regulations. These Subdivision Regulations shall be effective thirty days after their passage.
(Ord. 72-13. Passed 7-11-72.)
1101.99 PENALTY.
Whoever violates any of the provisions or requirements of these Subdivision Regulations, or any amendment or supplement hereto, or fails to comply herewith, or builds in violation of a detailed statement of plans submitted and approved hereunder, and any architect, builder or contractor who may be employed to assist in the commission of any such violation, shall, for each and every violation or noncompliance, be guilty of a misdemeanor of the third degree. A separate offense shall be deemed committed each day during or on which a violation occurs or continues. Nothing herein shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violations.
(Ord. 89-24. Passed 4-18-89.)
1103.01 APPROVAL OF PRELIMINARY PLAT REQUIRED BEFORE SALE.
No person who is proposing to make or makes or has made a subdivision within the City shall offer for sale, enter into any contract for the sale of, sell, transfer or otherwise dispose of such subdivision, or any part thereof, or proceed with any grading or any construction work of the proposed subdivision until he has obtained from the Planning Commission approval of the preliminary plat of the proposed subdivision and until such approval has been confirmed by resolution of Council.
Such person may thereupon offer to sell or enter into a contract to sell such subdivision, or any part thereof, provided the offer to sell or the contract to sell is conditioned upon the promise and agreement of such person, inserted therein, to complete the improvements and perform the other work set forth upon the preliminary plat.
(Ord. 72-13. Passed 7-11-72.)
1103.02 PLANNING AND DEVELOPING SUBDIVISION; PROCEDURE.
In planning and developing a subdivision, the subdivider or his agent shall in every case pursue the following procedure:
(a) Preparation and Filing of Preliminary Plat. The subdivider shall prepare a preliminary plat of the proposed subdivision which shall conform to the requirements set forth in this section and shall file with the Secretary of the Planning Commission an application in writing for the approval of the preliminary plat, accompanied by six blueprints, at least twenty days prior to the meeting of the Commission at which action is desired.
(b) Plat to be Checked by Commission; Copy to Engineer. The preliminary plat shall be checked by the Commission as to its conformity with any Major
Street Plan in effect at the time of submission of the plat, the Zoning Code, and the principles, standards and requirements hereinafter set forth, and the Secretary shall transmit a copy of the preliminary plat to the Municipal Engineer for recommendations concerning matters within his jurisdiction.
(c) Approval or Disapproval of Plat. The Commission shall approve or disapprove the preliminary plat, or approve it with modifications, within ninety days of the filing thereof, noting thereon any changes that are required. One copy shall be returned to the subdivider with the date of the approval or disapproval endorsed thereon. A similar copy shall also be transmitted to the Engineer.
(d) Conformity to Plans and Specifications. The subdivider may then secure all necessary permits to proceed with the improvements required under Section 1107.03, upon payment of the fees required under Section 1101.03. All improvements shall be constructed or installed in strict accordance with the plans and specifications approved by the Engineer. No changes or modifications in the plans or specifications shall be allowed except upon written authorization of the Engineer. The subdivider shall file with the City one complete set of linen tracings of plans and specifications for all improvements, including any authorized changes or modifications, to be retained by the City upon completion of the improvements.
(e) Final Plat; Improvement and Cash Bonds; Certificate of Title. After the completion of all required improvements, in accordance with the standards and specifications of the City pertaining to such improvements and to the satisfaction of the Engineer, the subdivider shall file with the Director of Finance an original tracing of waterproof ink on tracing cloth, together with three blueprints of the final plat, meeting the requirements stipulated in Section 1105.05. In lieu of completing the required improvements, the subdivider may execute and file with the Director of Finance an agreement and bond in the amount determined by the Engineer, in form satisfactory to the Director of Law, equal to the approximate total cost of such improvements, which shall insure the City that the improvements will be completed within two years after a final approval of the plat. The subdivider shall also execute and file with the Director of Finance an agreement and maintenance bond in an amount determined by the Engineer, in form satisfactory to the Director of Law, which will insure the City that the improvements will be properly maintained for a period of two years after their completion. If the subdivider elects to file an improvement bond and the construction of dwellings or other structures is commenced, making it necessary that a means of ingress and egress be provided over streets in the subdivision, the subdivider shall improve the street prior to the approval of the final plat to the extent necessary, in the opinion of the Engineer, to provide satisfactory access to dwellings and structures on the street until such time as the street is fully improved in accordance with the terms of the improvement bond. To insure that all streets are properly maintained to provide access, the subdivider will deposit a cash bond with the Director of Finance, in an amount deemed necessary by the Engineer, from which all maintenance costs will be paid until the street is fully improved and the two-year maintenance bond is filed. The subdivider may use the cash bond or any portion of it from time to time to pay for all maintenance expenses, but if he should fail to maintain the street properly, upon request of the Engineer, the City may use such bond to perform necessary maintenance upon giving the subdivider forty-eight hours notice of its intention to do so. The final plat shall be accompanied by a certificate of title showing that the ownership of all lands to be dedicated to public use is free and unencumbered. The final plat shall be filed with the Director of Finance at least twenty days prior to the meeting of the Commission at which action is desired.
(f) Engineer's Report. The Engineer shall check the final plat as to computations, certifications, lot areas and numbers, monuments, etc. If found satisfactory, he shall transmit all copies of the final plat to the Commission, together with the certificate of title and a two-fold certificate showing:
(1) That the technical details of the plat itself have been checked and found satisfactory; and
(2) That all improvements have been completed in accordance with the standards and specifications of the City and to his satisfaction, or that a satisfactory bond has been executed and filed with the Director of Finance.
(g) Approval of Final Plat. After the final plat, together with such certificates, has been received, and provided that the final plat is found to conform with the preliminary plat as approved and with the requirements set forth in these Subdivision Regulations, the Commission and Council will give the final plat their final approval and endorse the same thereon. The original tracing, together with the certificate of title, will be transmitted by the Commission to Council for necessary action on any proposed dedication. The final plat of the subdivision so approved shall then be filed for record in the office of the Recorder of Cuyahoga County by an official of the City at the cost of the developer.
(Ord. 72-13. Passed 7-11-72.)
1103.03 RESTRICTIONS ON COMMISSION'S APPROVALS.
It is suggested that the subdivider or his engineer consult with the Municipal Engineer while the plat is in sketch form and before the preliminary plat is prepared, to ascertain the location and extent of proposed City streets, parks and other public grounds and of other planned projects and developments related to the proposed subdivision.
The approval of the preliminary plat by the Planning Commission is tentative and may be revoked within ninety days of the filing thereof. Such agreement does not constitute acceptance of the subdivision. It shall be considered only as an approval of the layout, with the understanding that the Engineer will examine the grades of streets, types of improvements and design of the drainage, sewerage and water systems as proposed, and may modify any engineering or construction details submitted by the subdivider whenever required for the protection of the public interest.
Approval of the preliminary plat will be effective for one year unless extended by the Commission.
The final plat of any portion of a larger subdivision, the preliminary plat of which has been approved by the Commission, may be submitted for final approval.
The approval of the final plat by the Commission shall not be deemed to constitute or effect an acceptance by the public of the dedication of any street or other proposed public way or space shown on the plat.
(Ord. 72-13. Passed 7-11-72.)
1103.04 VACATION OF PLATS OR PARTS THEREOF.
In the case of vacation of a plat or parts thereof, as previously recorded in the office of the Recorder of Cuyahoga County, Ohio, the same general procedure, rules and regulations shall apply as for a new plat. The title of the vacation shall indicate just what is being vacated, and the final map shall include enough of the surrounding plat or plats to show its relation to adjoining areas. Council may vacate any subdivision plat in the event the improvements depicted thereon have not been substantially commenced within a period of three years following the recording of the plat with the County Recorder. Upon vacation, the previous approval by Council of the subdivision plat shall be void. The lots on the subdivision plat shall be returned as acreage to the tax duplicate.
(Ord. 93-67. Passed 6-1-93.)
1105.01 APPLICATION FOR APPROVAL OF PRELIMINARY PLAT; BLUEPRINTS.
Six blueprints prepared by a registered professional engineer or surveyor shall accompany an application in writing to the Planning Commission for the approval of the preliminary plat of the subdivision.
(Ord. 72-13. Passed 7-11-72.)
1105.02 VICINITY SKETCH.
A vicinity sketch at the scale of 400 feet or more to the inch shall be shown on or shall accompany the preliminary plat. The vicinity sketch shall show all existing subdivisions and the street and tract lines of all acreage parcels of land, together with the names of record owners of such parcels immediately adjoining the proposed subdivision and between it and the nearest existing streets. It shall also show how the streets and service drives in the proposed subdivision may connect with existing and proposed streets and service drives in neighborhood subdivisions or unplatted property to produce the most advantageous development of the entire neighborhood.
(Ord. 72-13. Passed 7-11-72.)
1105.03 CONTENTS OF PRELIMINARY PLAT.
The preliminary plat shall clearly show the following features and information:
(a) The proposed name of the subdivision. This name shall not duplicate or closely approximate the name of any other subdivision in Cuyahoga County;
(b) The tract designation according to the real estate records of the Auditor and Recorder of Cuyahoga County;
(c) The names and addresses of the owner of record, the subdivider and the engineer or surveyor;
(d) The names of adjacent subdivisions and the names of record owners of adjacent parcels of unplatted land;
(e) The boundary lines, accurate in scale, of the tract to be subdivided;
(f) The location, widths and names of all existing or platted streets or other public ways within or adjacent to the tract, and other important features such as existing railroad lines, corporation lines, township lines, sections, lines, etc.;
(g) The layout of proposed streets, easements and lot dimensions, which must comply with all applicable zoning restrictions. Proposed streets, except for coterminous streets, shall be given letter designation, e.g. proposed street A-60', proposed street B-50', etc.;
(h) Contours based on seal level datum shall be shown at five-foot intervals for land that slopes in excess of four percent (4%) and two-foot intervals for land that slopes less than four percent (4%);
(i) Easements within the tract and immediately adjacent thereto, showing location, size, width and purpose, such as for sewers, water mains, gas lines, culverts, water courses and other underground or overhead structures and utilities;
(j) Zoning boundary lines, if any; proposed uses of property and proposed front yard depths;
(k) All parcels of land, including streets, intended to be dedicated or temporarily 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 reservation indicated;
(l) North point, scale and date;
(m) Copies of any private restrictions to be included in the deeds should be attached to the preliminary plat.
(Ord. 72-13. Passed 7-11-72.)
1105.04 SUBMISSION OF FINAL PLAT; BLUEPRINTS.
The final or record plat of the subdivision shall be submitted to Council in the form of an original drawing in black India ink or tracing cloth, together with three blueprints of the same.
(Ord. 72-13. Passed 7-11-72.)
1105.05 CONTENTS OF FINAL PLAT.
The final plat shall be drawn at the scale of 100 feet to the inch and shall clearly show the following features and information:
(a) Plat boundary lines with length of courses to hundredths of a foot and bearings to half minutes and the exact location and width of all existing or recorded streets intersecting or adjoining the boundaries of the tract. The plat boundaries shall be determined by an accurate survey in the field, which shall be balanced and closed. The error of closure shall not exceed one to 10,000;
(b) True bearings and distances to the nearest established street lines or official monuments, which shall be accurately located and described on the plat; Municipal, Township, County or section lines accurately tied to the lines of the subdivision by distances and bearings;
(c) The exact layout, including:
(1) The right-of-way lines of streets and service drives; their names, bearings, angles of intersection and widths, including widths along the line of any obliquely intersecting street;
(2) The length of all arcs, radii, internal angles, points of curvature and tangent bearings;
(3) All easements or rights of way provided for or owned by public services; the limitation of the easement rights shall be definitely stated on the plat;
(4) Lot numbers and all lot lines with accurate dimensions in feet and hundredths, and with bearings and angles to minutes, if other than right angles to the street lines;
(d) The accurate location, material and approximate size of all monuments;
(e) The accurate boundaries of all property which is offered for dedication or which is temporarily reserved for public use, and of all property that may be reserved by deed covenant for the common use of the property owners in the subdivision, with the purpose of each such dedication or reservation indicated;
(f) The name of the subdivision and the name or number of the largest subdivision or tract, of which the tract now subdivided forms a part;
(g) An accurate description of the subdivision in reference to the real estate records of Cuyahoga County;
(h) The names and addresses of the owner of record, the subdivider and of the engineer or surveyor;
(i) North point, scale and date;
(j) Certification by a registered professional civil engineer or surveyor to the effect that the plat represents a survey made by him and that all monuments indicated thereon actually exist and that their location, size and material are correctly shown.
(Ord. 72-13. Passed 7-11-72.)
1105.06 PLANS FOR MULTIFAMILY AND BUSINESS DISTRICTS.
Preliminary and final site development plans shall be prepared by the developer for all proposed developments in Multifamily, Town House, Business and Industrial Districts and submitted to the Planning Commission for review and approval.
(Ord. 72-13. Passed 7-11-72.)
1105.07 SUBMISSION OF PLANS.
Plans for a development shall be drawn at a scale of not less than fifty (50) feet to the inch and a plan for a division or development of a group of lots shall be drawn at a scale of not less than 100 feet to the inch and shall include.
(a) Survey. Property and topography, showing land owned and proposed for development, surrounding streets and adjoining lots;
(b) Buildings. Locations, size, height and use of all proposed main and accessory buildings; the general design, materials and color; the nearest buildings on adjoining lots;
(c) Traffic. Proposed system of on-site vehicular circulation; details for accessways to streets; methods for control of traffic; type of pavement;
(d) Parking Areas. Layout and estimate of number of spaces; landscaping and other design features; type of pavement;
(e) Utilities. Location, size and grade for all utility installations; connections to present or proposed facilities;
(f) Other Site Developments. Grading and drainage; designs of landscaped yards; recreation areas; planting areas and buffers adjoining residential areas; the size, location and type of all outdoor signs; exterior lighting.
(Ord. 72-13. Passed 7-11-72.)
1105.08 APPROVAL OF PLANS.
The preliminary development plan shall be submitted to the Planning Commission for study and review to determine whether the plan conforms with the provisions of the regulations set forth in this section, or how it may be revised to conform therewith.
If the preliminary development plan, together with any modifications thereof proposed by the developer, is found by the Commission to be in accord with the requirements of this chapter, it shall approve such plan within two months from the date of the meeting when all required plans and data were received; if not found to be in agreement therewith, the Commission shall recommend revisions to be made by the developer.
The Commission, in reviewing the proposed preliminary development plan for conformity to the provisions of this Planning and Zoning Code, shall construe the provisions liberally and it may make adjustments to certain yard and area requirements and other standards if it finds, because of skillful design in the arrangement of buildings, the layout of driveways, on-site circulation and parking areas, the design of landscaping or other site features, that functional, efficient and attractive buildings and sites, openness and other amenities will be attained and that the intent and purposes of the provisions are satisfactorily fulfilled. On the other hand, where a literal application of the provisions would result in a development which would not be satisfactory for the district, the Commission may require adjustments in the preliminary development plan, such as improvements to the design and arrangement of buildings, yards, on-site circulation, control of access to streets and such other features as fences and planting, to further improve the proposed development and to protect the surrounding developments.
Upon approval of a preliminary development plan, the developer may prepare a final development plan and submit it to the Commission. If the proposed final development plan is found to comply with, and represents a detailed expansion of, the preliminary development plan, as previously approved, and complies with any conditions which may have been imposed in the approval of the preliminary plan, and complies with all applicable provisions of this chapter, the plan shall be approved within forty-five days from the date of the meeting when all required plans and data were received. Upon recommendation of the final development plan by the Commission, and approval by Council, the developer may then apply for a building permit which shall be issued by the Building Division if the final development plan is found to comply with the Building Code and other applicable regulations of the City.
(Ord. 2005-141. Passed 10-18-05.)
1105.09 REVISION; LAPSE OF APPROVAL.
The final development plan may be revised by the developer and resubmitted through the same procedure required for the original preliminary and final development plan.
Failure to begin the construction of all or a substantial portion of the improvements approved by the final development plan within one year after the issuance of a permit shall make the plan null and void as approved unless an extension of time is granted by Council.
(Ord. 72-13. Passed 7-11-72.)
1107.01 GENERAL REQUIREMENTS.
In the laying out of a subdivision, the subdivider shall comply with the following principles and requirements:
(a) The subdivision layout shall conform to any Major Street Plan and the Zoning Code in effect at the time of submission of the plat.
(b) Whenever a tract to be subdivided embraces any part of a principal or secondary street, such part of such street shall be platted by the subdivider in its existing location and at the width indicated in Section 1107.02(b).
(c) Where a proposed park or other recreational area, school site or other public ground shown on any Major Street Plan, in effect at the time of submission of the plat, is located in whole or in part within the proposed subdivision, such proposed public ground or park shall be dedicated to the City or reserved for acquisition by the City within a period of three years by purchase or other compensatory means according to law.
(Ord. 72-13. Passed 7-11-72.)
1107.02 DESIGN STANDARDS.
(a) Streets. The street system shall be so designed that all proposed streets shall be in conformity with modern practices of land subdivision and in general conformity with a plan for the most advantageous development of the entire neighborhood. The streets shall be extended to the boundaries of the tract to be recorded unless prevented by topography or other physical conditions or unless, in the opinion of the approving authority, such extension is not necessary or desirable for the coordination of the layout of the subdivision with the development of adjacent tracts. Dead-end streets or cul-de-sacs will be approved only where necessitated by topography or other physical conditions or where, in the opinion of the approving authority, they are appropriate for the type of development contemplated. Streets shall intersect one another as nearly at right angles as practicable.
(b) Width of Right of Way of Streets. Feet Business and industrial 80 Main 70 Collector 60 Minor* 60 |
*Where a minor street is being developed adjacent to land not owned by the developer and slope rights cannot be obtained, additional right-of-way width may be required by the Planning Commission.
Where unusual grading conditions exist, necessitating longer backslopes, additional right-of-way widths or slope rights may be required by the Planning Commission.
(c) Dead-End Streets. At the end of every dead-end street a turning circle with a property line diameter of 125 feet and a surfaced roadway diameter of eighty (80) feet shall be provided. When it is proposed to extend the road at a later date, the turning circle shall be in the nature of an easement over the premises included in the turning circle, but beyond the boundaries of the street proper, and shall cease to exist and shall be eliminated when the dead-end street is legally extended by dedication. The Commission may permit the developer to use a “T” turnaround requirement when it deems it unnecessary. Reservations of not less than one foot nor more than five (5) feet shall be provided at all dead-end streets adjacent to a property line and shall be deemed dedicated as a public highway upon the extension by dedication plat.
(d) Street Curvature. The minimum radius of curvature for all business, industrial and main streets or thoroughfares shall be 300 feet on the centerline, unless otherwise specified by the Commission.
(Ord. 72-13. Passed 7-11-72.)
(e) Street Grades. No street grade shall exceed eight percent (8%). The grade of main or secondary thoroughfares shall not exceed six percent (6%). All changes of grade shall be connected by vertical curves of appropriate lengths unless approved otherwise by the Municipal Engineer. Where a minor street enters a main or secondary thoroughfare, the grade of the minor street shall not exceed four percent (4%) for a distance of 150 feet from the intersection centerline. Minimum grades on any street or road shall be one-half percent (½%) for purposes of drainage.
(Ord. 73-13. Passed 5-15-73.)
(f) Blocks, Crosswalks. Blocks shall not exceed 1,200 feet in length, subject, however, to the right of the Commission to increase the length where, in specific cases, unusual topographic or exceptional conditions require such modification. Where conditions demand, a crosswalk right of way, at least ten (10) feet wide, shall be provided near the center and entirely across the blocks.
(g) Lots. The size of all lots in any proposed allotment shall not be less than the minimum area required by the Zoning Code for a dwelling in the district in which such parcel is located. On straight streets, the side lines of lots, so far as practicable, shall be at right angles to the street lines on which they face; on curving streets the side lines shall be radial lines so far as practicable.
At the intersection of two or more streets, the corners of property lines shall be rounded by a circular arc, the minimum radius of which shall be fifteen (15) feet. This minimum radius shall be increased when the angle of intersection is other than ninety degrees. The minimum lot frontage for a corner lot shall be increased by ten (10) feet.
(h) Open Spaces. Due consideration should be given to the allocation of suitable property for schools, parks and playgrounds to be dedicated or to be reserved for the common use of all property owners within the subdivision by covenants in the deeds. It is deemed desirable that at least five percent (5%) of the net area of every plat, exclusive of streets, should be set aside as a play park. Where the tract contains less than forty acres, such reservation for open spaces should be combined, wherever possible, with similar reservations on adjoining tracts, and shall be located adjacent to the exterior property line with a view to making possible the addition of land from the neighboring land in the creation of a single larger tract.
(Ord. 72-13. Passed 7-11-72.)
1107.03 IMPROVEMENT REQUIREMENTS.
Improvements shall be installed in accordance with the regulations contained in this section or as directed by the Municipal Engineer.
No dedication of streets shall be accepted nor shall the subdivision of any land within the City be approved until the following improvements have been completed or provisions have been made guaranteeing all such improvements in conformity with this section and other ordinances relating thereto, which are satisfactory to Council.
(a) Drainage. Adequate facilities shall be provided for the removal of surface water from all streets offered for dedication and from such other surfaces within the boundaries of the proposed subdivision as Council may determine and for the discharge thereof to established watercourses or another approved drainage system. All culverts, drains and other structures required for the prompt removal of such storm water shall be provided.
(b) Grading. All streets shall be graded to their full width as shown on the dedication plan and to the grade and cross-section approved by Council. Grading of adjoining surfaces may be required by Council where necessary for the protection of the street.
(c) Water Mains. All streets offered for dedication shall be provided with water mains, including fire hydrants, valves and accessories, and with curb connections extending three (3) feet beyond the paved area and shall have direct connection with an existing supply main. All such construction shall meet the approval of Council and conform to the requirements of the Water Department of the City of Cleveland.
(d) Sewers.
(1) Both sanitary and storm water sewers shall be provided in all streets offered for dedication and shall make direct connection to adequate facilities for discharge and disposition of the flows therefrom. All such sewers and drains shall be properly engineered and constructed and shall include both storm water and sanitary sewerage connections for each lot, which connections shall extend three (3) feet beyond the paved area.
(2) When no outlet for sanitary sewers is available, the requirement for construction of sanitary sewers in the streets proposed for dedication may be waived or postponed by Council under such terms and conditions as Council may determine.
(Ord. 72-13. Passed 7-11-72.)
(e) Pavements.
(1) All streets offered for dedication shall include an improved roadway area not less than twenty-four (24) feet in width, extending the full length of each such street and connecting with improved road surfaces in all terminal and intersecting streets. Types of construction of all such roadways shall be subject to approval by Council, but shall be a minimum of Portland cement concrete equivalent to a standard seven(7)- reinforced section with a four-by-twelve (4x12) inch roll curb and a two (2)-inch cushion course. However, a heavier roadway may be required by Council if the use, traffic density, circulation and safety require the same.
(2) All new curbs that are authorized by Council and all existing curbs which form a part of any reconstruction, shall have a ramp with nonslip surface built into the curb at each pedestrian crosswalk so that the sidewalk and street blend to a common level. Ramps shall be not less than forty (40) inches wide and shall insofar as feasible be constructed in accordance with the standard drawings and specifications for curb ramps of the Department of Transportation.
(Ord. 77-15. Passed 3-15-77.)
(f) Sidewalks. Sidewalks shall be required on every street. They shall be constructed on each side of each street offered for dedication and all such walks shall connect with sidewalks in terminal and intersecting streets. Walks shall be of Portland cement concrete not less than five (5) feet in width and shall conform in all respects to the provisions of Municipal ordinances pertaining thereto.
(g) Monuments. Permanent monuments of a type and design as required by the standards and specifications of the City shall be accurately set and established at the intersection of all outside boundary lines of the plat; at intersections of these boundary lines with all street lines; at two diagonally opposite corners, at least, of each street intersection; at the beginning and end of all curves; at points on curves where the radius or direction changes; and at such other points as are necessary to establish definitely all lines of the plat, except to outlining individual lots. In general, permanent monuments shall be placed at all critical points necessary to enable any skilled surveyor correctly to lay out any lot in the subdivision.
(h) Street Signs. The subdivider shall furnish and erect street signs for all streets in the subdivision at all intersections and such other places as directed by the Engineer. The style and design of street signs shall be in accordance with the standards and specifications of the City.
(i) Supervision by Engineer. All improvements shall be constructed under the supervision of the Engineer.
(j) Trees. Trees of an approved size and a species appropriate for the specific location, selected from a list approved by the Planning Commission, shall be planted on both sides of every street at distances approved by the Commission or as set forth in the Master Tree Plan.
(k) Increase of Right of Way. The required minimum right of way and the minimum paved or improved portion thereof of any street or road may be increased no more than ten percent (10%) by the Commission if deemed necessary because of unusual conditions and the anticipated volume of vehicular traffic.
(l) Sewer Construction. Storm and sanitary sewers, where required, shall be constructed in accordance with specifications equal to or in excess of those prescribed and used by the City for such improvements when constructed by the City.
(m) Construction Materials. Materials used in connection with the construction of any improvement required in connection with the development of a new subdivision or within any established street or road shall be tested in accordance with the standards used by the City for general improvements undertaken by it. Any costs incurred for laboratory, shop and field tests shall be borne by the developer or the person undertaking the construction of the improvements.
(n) Utility Construction.
(1) In connection with the construction of utilities within any dedicated street or in any street to be dedicated as a part of a subdivision, the owner and contractor shall plan the work so as to present a minimum of inconvenience to the normal flow of traffic. The contractor shall submit a written plan of operation to the Engineer and obtain written approval of the plan before beginning construction.
(2) Failure to obtain such approval shall be sufficient reason for the Engineer to stop the work. Where any trenches cross the traveled portion of a street that is kept open to traffic, the contractor shall furnish and install, at no cost to the City, a steel plate satisfactory to the Engineer to insure the smooth passage of normal traffic flow.
(o) City Specifications. In connection with all street improvements, any detail of construction which is not governed specifically by an ordinance of the City shall be in accordance with the specifications usually used by the City in connection with its own improvements.
(p) Underground Communication Electric Power and Street Lighting. In all subdivisions of more than ten sublots, the following procedure and requirements shall be met:
(1) Utility easements at least ten (10) feet 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.
(2) Prior to granting final approval, the subdivider shall have installed the following, or shall have furnished adequate bond for the ultimate installation of such in accordance with the requirements of Part Thirteen - the Building Code:
A. Underground communication cables;
B. Underground distribution cables for power and street lighting from a common distribution system, and the equipment and housing necessary for the operation of the distribution system;
C. Adequate provision for street light lamps and standards in accordance with a design approved by Council.
(3) The Commission may authorize a variance from these regulations when undue hardship may result from strict compliance. In granting any variance, the Commission shall prescribe only conditions which it deems necessary or desirable for the public interest when it finds that there are special circumstances or conditions affecting the property such that the strict application of the provisions of this subsection would deprive the applicant of the reasonable use of his land.
(q) Culverts, Bridges, Etc. All culverts and bridges necessary within the street lines of the property to be allotted, all box culverts necessary to carry surface drains, all required drainage, outlets or crosswalks, and any work necessary at the intersection of existing streets which are being dedicated, all as determined by the Engineer, shall be constructed only after approval by the Engineer.
(Ord. 72-13. Passed 7-11-72.)
1109.01 VARIANCES.
The general principles of design and the minimum requirements for the laying out of subdivisions, stipulated in these Subdivision Regulations, may be varied by the Planning Commission in the case of a subdivision large enough to constitute a more or less self-contained neighborhood to be developed in accordance with a comprehensive plan safeguarded by appropriate restrictions which, in the judgment of the Commission, make adequate provision for all essential community requirements. However, no modifications shall be granted by the Commission which would conflict with the provision of any Major Street Plan or the Zoning Code in effect at the time of the submission of the plat or with the intent and purposes of such general principles of design and minimum requirements.
(Ord. 72-13. Passed 7-11-72.)
1109.02 HARDSHIP EXCEPTIONS.
In any particular case where the subdivider can show that, by reason of exceptional topographic or other physical conditions, strict compliance with any requirement of these Subdivision Regulations would 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 any Major Street Plan in effect at the time of the submission of the plat and with the Zoning Code. Any modification thus granted shall be entered in the minutes of the Commission together with the reasons which, in the opinion of the Commission, justified the modification.
(Ord. 72-13. Passed 7-11-72.)
1109.03 WAIVER OF FILING PLATS.
Notwithstanding the provisions of these Subdivision Regulations, the requirements for filing plats may be waived under the following circumstances:
(a) The proposed subdivision of land abuts upon an existing public street and does not involve the opening, widening or extension of any street or road, and the entire parcel does not involve more than five lots;
(b) There is a proposed sale or exchange of parcels between adjoining owners, where the sale or exchange does not create additional building sites;
(c) There is submitted to the Planning Commission a linen tracing to scale showing the proposed subdivision and such other information as is pertinent to its determination and action thereon under these Subdivision Regulations;
(d) If the Commission is satisfied that such proposed subdivision is not contrary to other applicable subdivision or zoning regulations, it may, at a regular meeting, approve such subdivision, shall stamp the same “Approved by the City Planning Commission of the City of Bedford Heights: No Plat Required” and shall have it signed by the Secretary of the Commission.
(Ord. 72-13. Passed 7-11-72.)
