These Subdivision Regulations codified as title three of part eleven — Planning and Zoning Code, are the Land Planning and Subdivision Regulations of the City of Brecksville.

('64 Code, § 1111.01; Ord. 2043, passed 12-20-72)

The purpose of these Subdivision Regulations and the intent of the legislative body, in its adoption, are to guide and control the planning, subdividing and development of land and to provide procedures for the administration thereof in order to promote and protect the public health, safety, convenience, comfort, prosperity and general welfare of the city and to achieve, among others, the following objectives:

(a)

To encourage the orderly development and redevelopment of the land to obtain harmonious and stable neighborhoods;

(b)

To provide for the reservation and dedication of land for safe and convenient pedestrian and vehicular circulation and public open spaces for schools, recreational and other public purposes;

(c)

To provide for the construction of streets and utilities which will be adequate and economical to maintain;

(d)

To assure the accurate surveying of land and the preparing and recording of plats; and

(e)

To provide for the coordination of land development in accordance with the objectives of the Master Plan, the Street Plan, the Community Facilities Plan and the Zoning Code of the city.

('64 Code, § 1111.02; Ord. 2043, passed 12-20-72)

The provisions of these Subdivision Regulations shall supplement any and all laws of the state, ordinances of this city, or any and all rules and regulations promulgated by authority of such law or ordinance relating to the purpose and scope of such Subdivision Regulations.

('64 Code, § 1111.03; Ord. 2043, passed 12-20-72)

In interpreting and applying the provisions of these Subdivision Regulations such provisions shall be held to be the minimum requirements for the promotion of public health, safety, convenience, comfort, prosperity and general welfare and the objectives set forth throughout the regulations. Except as specifically provided herein, it is not intended by these regulations to repeal, abrogate or annul any existing provision of any law or ordinance or any rule or regulation previously adopted or issued pursuant to law relating to the planning and subdivision of land and the construction of improvements thereon.

('64 Code, § 1111.04; Ord. 2043, passed 12-20-72)

Each section of these Subdivision Regulations and each part of such sections are declared to be independent sections and parts of sections, and notwithstanding any other evidence of legislative intent, it is hereby declared to be the controlling legislative intent that if any provision of such sections, or the application thereof to any person or circumstance, is held invalid for any reason, the remaining sections or parts of sections and the application of such provision to any person or circumstance other than as to those to which it is held invalid, shall not be affected thereby, and it is hereby declared that these Subdivision Regulations would have been passed independently of the section, sections or parts of a section held to be invalid.

('64 Code, § 1111.05; Ord. 2043, passed 12-20-72)

Words in these Subdivision Regulations are used in their ordinary English usage. Certain terms and words, however, are herein defined and wherever used in these Land Planning and Subdivision Regulations and the Zoning Code, shall have the meaning indicated in this chapter, except where the context clearly indicates a different meaning.

('64 Code, § 1113.01; Ord. 2043, passed 12-20-72)

(a)

The word shall is to be interpreted as mandatory and shall be complied with unless waived; may is to be interpreted as having permission or being allowed to carry out a provision; should is to be interpreted as expressing that the application of such criterion or standard is desired and essential unless commensurate criteria or standards are achieved.

(b)

All words used in the singular shall include the plural, and all words used in the present tense shall include the future tense, unless the context clearly indicates the contrary.

(c)

The phrase used for shall include "arranged for," "designed for," "intended for," "maintained for" or "occupied for."

(d)

The term such as shall be construed as introducing a typical or illustrative enumeration of uses. A colon used to introduce an enumeration shall be construed as being the complete enumeration of uses and not illustrative.

(e)

Regulation means a rule, restriction or other mandatory provision intended to control, require or prohibit an act.

(f)

Standard means a test, measure, model or example of quantity, extent or quality.

(g)

Criterion means a principle by which the planning of a subdivision or development area shall be guided.

(h)

City means the City of Brecksville.

(i)

Commission means the city Planning Commission of the city.

(j)

Council means the City Council of the city.

(k)

Board means the Board of Zoning Appeals of the city.

(l)

Commissioner means the Building Commissioner of the city.

(m)

Clerk means the duly acting and qualified Clerk of the Council of the city.

(n)

Engineer means the Engineer of the city.

(o)

Person means an individual, firm, association, corporation, trust or any other legal entity, including his or its agents.

(p)

Developer means a person commencing proceedings under this Planning and Zoning Code to effect a subdivision or development of land for himself or for another.

(q)

Subdivision regulations means these Land Planning and Subdivision Regulations of the city codified as title three of part eleven — Planning and Zoning Code.

(r)

Code means the Zoning Code of the city codified as titles Five through Eleven of part Eleven — Planning and Zoning Code.

('64 Code, § 1113.02; Ord. 2043, passed 12-20-72)

(a)

Area of buildings means the area at the ground level of the main building and all accessory buildings, excluding unenclosed porches, terraces and steps, measured from the outside surface of exterior walls.

(b)

Area of dwelling unit means the sum of the gross floor areas above the basement level, including those rooms and closets having the minimum ceiling height, light, ventilation and other features as required by the city Building Code and as further defined in section 1151.14 of the Zoning Code.

(c)

Area of lot means the total horizontal area within the lot boundary lines of a zoning lot, exclusive of any portion of the right-of-way of any public or private street.

(d)

Gross dwelling unit density means the number of dwelling units per a given area, found by dividing the total number of dwelling units by the total area of the parcel to be developed, including all land proposed for streets, public use, recreation or common open space.

('64 Code, § 1113.03; Ord. 2043, passed 12-20-72)

(a)

Private garage means an accessory building or part of the main building used for the parking or temporary storage of the vehicles of occupants of any one or two-family dwelling, and in which no occupation, business or service shall be conducted for remuneration.

(b)

Storage garage means a main or accessory building, other than a private garage, used for the parking or temporary storage of vehicles and in which no service shall be provided for remuneration.

(c)

Repair garage means a main or accessory building used or designed for repairing motor vehicles; a service garage if accessory to an automobile salesroom.

(d)

Accessory parking area means an open or enclosed private area, other than a street, used for the free parking of passenger automobiles for occupants, their guests or customers, of a main building.

(e)

Public parking area means an open or enclosed publicly-owned area used for passenger automobile parking, with or without a fee.

(f)

Sales lot means an open area used for the display, sales or rental of new or used vehicles, on which no repair, except minor work, is performed.

(g)

Service station means a building and land including pumps, tanks and grease racks, used for the retail sale of gasoline, lubricants, batteries, tires and other automobile accessories and performing motor vehicle repair work.

(h)

Gasoline station means a building and land including pumps, tanks and equipment, for retail sale of gasoline and motor vehicle engine oil.

('64 Code, § 1113.04; Ord. 2043, passed 12-20-72)

Block means an area of land bounded by streets, public or common land, railroad rights-of-way, shore lines or by other definite limits.

('64 Code, § 1113.05; Ord. 2043, passed 12-20-72)

(a)

Structure means that which is constructed on or under the ground or attached or connected thereto, including but not limited to: buildings, barriers, bridges, bulkheads, bunkers, chimneys, fences, garages, outdoor seating facilities, platforms, pools, poles, tanks, tents, towers, sheds, signs and walls; and excluding trailers and other vehicles whether on wheels or other supports.

(b)

Building means a structure which is permanently affixed to the land, having one or more floors and a roof, being bounded by either open space or lot lines, and used as a shelter or enclosure for persons, animals or enclosure for property. The term shall be used synonymously with "structure" unless otherwise noted, and shall be construed as if followed by the words "part or parts thereof."

(c)

Main building means the building occupied by the main use or activity on the premises, all parts of which are connected in a substantial manner by common walls and a continuous roof.

(d)

Accessory building means a subordinate building detached from, but located on the same lot as the main building, the use of which is incident and accessory to that of the main building or use.

(e)

Building line means synonymous with "setback line" means a line established by the Zoning Code, generally parallel with and measured from the "front lot line," defining the limits of a front yard in which no building or structure may be located above the ground except as may be provided in such code.

(f)

Detached building means a building surrounded by open space.

(g)

Basement means a space within a dwelling having its ceiling less than four feet six inches above the adjoining ground level and which is not designed for general living space.

('64 Code, § 1113.06; Ord. 2043, passed 12-20-72)

(a)

Family means either one individual, two or more persons related by blood, marriage or adoption, or not more than three persons not related by blood, marriage or adoption, who live together in one dwelling unit and maintain a common household.

(b)

Roomer means a person, other than a member of the family as defined in division (a) hereof, who rents one or more rooms in a dwelling from the resident family.

('64 Code, § 1113.07; Ord. 2043, passed 12-20-72)

(a)

Dwelling unit means space, within a dwelling, comprising living, dining, sleeping room or rooms, storage closets, as well as space and equipment for cooking, bathing and toilet facilities, all used by only one family and its household employees.

(b)

Dwelling means a building designed or occupied exclusively for nontransient residential use and permitted accessory uses, including one-family, two-family or multi-family buildings.

(c)

One-family dwelling means a dwelling consisting of a single dwelling unit with the main entrance to its living quarters at ground level.

(1)

Detached dwelling means a one-family dwelling which is separated from all other dwelling units by open space on all sides.

(2)

Semi-attached dwelling means a one-family dwelling which shall be constructed as one of two one-family dwellings attached by a common fireproof party wall.

(3)

Attached dwelling means a one-family dwelling which shall be constructed as one of a sequence of three or more one-family dwellings attached by common fireproof party walls.

(d)

Two-family dwelling means a building consisting of two dwelling units, one above the other, having either a separate or combined entrance or entrances.

(e)

Apartment dwelling means a dwelling comprised of three or more dwelling units, arranged one above the other and/or side by side, with each unit having at least one entrance to a common hall leading to the exterior.

(f)

Accessory living accommodations means a building or part thereof used solely as accommodations for occupants, personal guests or persons employed on the premises, or other nonpaying transients and in which no cooking or similar housekeeping equipment is provided.

(g)

Dormitory means a building or group of buildings designed or intended to provide sleeping accommodations as the main use for six or more students or faculty members; cooking, dining and social facilities may be also provided, included are fraternity and sorority houses.

(h)

Foster home means a building operated for compensation by a resident family to accommodate children of less than 18 years of age who are not members of the resident family.

(i)

Rooming house means a building operated for compensation by a resident family in which a room or rooms are provided for living and sleeping facilities to one or more persons.

(j)

Tourist home means a one-family dwelling operated for compensation by a resident family in which overnight sleeping accommodations are provided.

(k)

Motel means a building or buildings providing overnight accommodations principally for automobile travelers in which access to each rental unit is provided directly through an exterior door.

(l)

Hotel or motor hotel means a building providing overnight accommodations, but access to each rental unit is provided through halls and a central control space.

(m)

Nursing home means a home or facility for the care and treatment of babies, children, pensioners or elderly persons.

('64 Code, § 1113.08; Ord. 2043, passed 12-20-72)

(a)

Established street grade means the elevation established by the city at the roadway center line or curb in front of the lot.

(b)

Natural grade means the elevation of the undisturbed natural surface of the ground prior to any excavation or fill.

(c)

Finished grade means the elevation of the finished surface of the ground adjoining the building after final grading and normal settlement.

('64 Code, § 1113.09); Ord. 2043, passed 12-20-72)

Height of building means the vertical distance measured from the highest point of the coping of a flat roof, or the vertical distance measured from the average level between the eaves and ridge of a pitched roof, to the average finished grade.

('64 Code, § 1113.10; Ord. 2043, passed 12-20-72)

Home offices means a secondary use in a dwelling occupied by a person practicing a profession or engaged in a business as permitted in the Zoning Code.

('64 Code, § 1113.11; Ord. 2043, passed 12-20-72)

Junk or wrecking yard means an open area where materials including, but not limited to vehicles, trailers, airplanes, equipment, building materials, waste, scrap iron and other metals, paper, rags and rubber tires are bought, sold, exchanged, stored, baled, packed, disassembled or otherwise handled.

('64 Code, § 1113.12; Ord. 2043, passed 12-20-72)

Loading space means an open or enclosed space, other than a street, used for the temporary parking of a vehicle while its goods are being loaded or unloaded.

('64 Code, § 1113.13; Ord. 2043, passed 12-20-72)

(a)

Lot means a division of land separated from other divisions for purposes of sale, lease or separate use, described on a recorded subdivision plat, recorded survey map or by metes and bounds.

(b)

Lot of record means land designated as a separate parcel on a plat map or deed approved by the city and filed in the records of the Cuyahoga County Recorder's Office.

(c)

Zoning lot means a parcel of land abutting a dedicated street, occupied or intended to be occupied by a land and/or accessory use, or a main or accessory building, as a unit together with such open spaces as required by the Zoning Code. Unless the context clearly indicates the contrary, lot is used synonymously with zoning lot in the Zoning Code and it may or may not coincide with a lot of record.

(d)

Terminology for lot types used in these Subdivision Regulations is as follows:

(1)

Corner lot means a lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135 degrees.

(2)

Interior lot means a lot other than a corner lot with only one frontage on a street.

(3)

Through lot means a lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as double frontage lots.

(4)

Reversed frontage lot means a lot on which frontage is at right angles to the general pattern in the area. A reversed frontage lot may also be a corner lot, examples of which are found in Figure 1. (See hard copy of this Code for Figure 1.)

(e)

Lot line means the boundary of a lot separating it from adjoining public, common or private land, including a public street.

(f)

Front lot line means the lot line separating an interior lot from the street upon which it abuts; the lot line where the front elevation of the house is established of a corner lot which abuts upon a street. Unless the context clearly indicates the contrary, it shall be construed as synonymous with "street line."

(g)

Rear lot line means a lot line parallel or within 45 degrees of being parallel to the front lot line.

(h)

Side lot line means a lot line which is neither a front nor rear lot line, or is the longest lot line of a corner lot which abuts upon a street.

(i)

Lot measurements shall be measured as follows:

(1)

Depth of a lot shall be considered to be the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.

(2)

Width of a lot shall be considered to be the distance between straight lines connecting front and rear lot lines at each side of the lot, measured at the building setback line, provided, however, that the width between side lot lines at their foremost points, where they intersect with the street line, shall not be less than 80 percent of the required lot width.

(3)

Irregular lot measurement and frontage will be at the discretion of the Planning Commission.

(j)

Private land means land in a subdivision or development area which shall be adjoining, attached and assigned to the land occupied by a one-family dwelling, to be held as an open space in common ownership with other dwellings in the subdivision or development area for the exclusive use of the occupants of a particular dwelling unit, and which shall be identified on subdivision and development plans submitted to the city. It is similar to the term "exclusive use of the limited common areas" under condominium property.

(k)

Common land means land in a subdivision or development area not owned as private land or occupied by dwellings, created for common usage by restrictions, easements, covenants or other conditions running with the land, and which is held for the use and enjoyment by or for the owners or occupants of the dwellings in a development area. It is similar to the term "undivided common areas and facilities" under condominium property.

(l)

Homes association means an incorporated, nonprofit organization operating under recorded land agreements through which each lot owner of a development area is a member, and each lot is subject to charges for a proportionate share of the expenses for the organization's activities, such as maintaining the common property.

('64 Code, § 1113.14; Ord. 2043, passed 12-20-72; Am. Ord. 3741, passed 7-20-99)

(a)

Map means a drawing showing geographic, topographic or other physical features of the land.

(b)

Plan means a drawing of a proposed design or of work to be performed.

(c)

Plat means a map of a lot, parcel or subdivision on which the lines of each element are shown by accurate distances and bearings.

(d)

Master Plan means the plan and statement of the objectives and recommendations for the general location and extent of desirable future land development, community facilities and street plans for the city, duly adopted or officially accepted.

(e)

Community Facilities Plan means the plan which shows the location and extent of existing, planned and proposed parks, playgrounds, public land and buildings, and other public facilities for the city, duly adopted or officially accepted, separately or as a part of the Master Plan.

(f)

Street Plan means the plan which shows general location and extent of existing, planned and proposed streets and other transportation facilities for the city, duly adopted or officially accepted, separately or as a part of the Master Plan.

(g)

Area plan means a plan prepared by the city for implementing components of the Master Plan and may include, but is not limited to design, bulk, use, height, location and arrangements of buildings in respect to streets, open space, other structures and natural features.

(h)

Development area means the area of a parcel or assembled parcels of land required by the Zoning Code to be developed by a single owner or a group of owners, acting jointly under a planned development procedure.

(i)

Sketch plan of a subdivision means a sketch of minor subdivisions for the purpose of study and recommendation as outlined in section 1121.02.

(j)

Preliminary plan means a drawing prepared by a developer for the purpose of study of a major subdivision of land, or a preliminary plan of land and buildings of a development area, and when approved by the designated authority permits proceeding with the preparation of the final plat of a subdivision or final plan of a development area.

(k)

Final plat means the final map prepared by a developer based upon the approved preliminary plan of a subdivision, and after the land improvements are constructed, or construction guaranteed, the approved plat shall be recorded.

(l)

Final plan of a development area means the final plan prepared by a developer based upon the approved preliminary plan of a development area and consists of detailed drawings, specifications, agreements and other documents required for construction of the land improvements and buildings within a development area.

('64 Code, § 1113.15; Ord. 2043, passed 12-20-72)

Motor freight station means a building in which freight brought by motor truck is assembled, sorted or reloaded for transshipment by motor truck.

('64 Code, § 1113.16; Ord. 2043, passed 12-20-72)

(a)

Nonconforming building means a building existing lawfully at the time the Zoning Code (Ordinance 2042, passed December 20, 1972) or an amendment thereto, became effective but which does not conform to the area, height, bulk, building, yard or other regulations of the district in which it is located.

(b)

Nonconforming lot means a lot existing lawfully at the time the Zoning Code (Ordinance 2042, passed December 20, 1972) or an amendment thereto, became effective but which does not conform to the lot area, width, access or other requirements of the district in which it is located.

(c)

Nonconforming use means the use of a building or land existing lawfully at the time the Zoning Code (Ordinance 2042, passed December 20, 1972) or an amendment thereto, became effective but which does not conform to the use regulations, off-street parking and loading requirements, performance standards or other use regulations of the district in which it is located.

('64 Code, § 1113.17; Ord. 2043, passed 12-20-72)

Occupancy certificate means an official statement certifying that a building, other structure or parcel of land is in compliance with the provisions of all existing codes, or is a lawfully existing nonconforming building or use and hence may be occupied and used lawfully for the purposes designated thereon.

('64 Code, § 1113.18; Ord. 2043, passed 12-20-72)

Performance standard means A criterion established to control the dust, smoke, fire and explosive hazards, glare and heat, noise, odor, toxic and noxious matter, vibrations and other conditions created by or inherent in uses of land or buildings.

('64 Code, § 1113.19; Ord. 2043, passed 12-20-72)

(a)

Signs means any display figure, painting, drawing, placard, poster or other device visible from a public way which is designed, intended or used to convey a message, advertise, inform or direct attention to a person, institution, organization, activity, place, object or product. It may be a structure or part thereof painted on or attached directly or indirectly to a structure.

(b)

Business sign means a sign which directs attention to the name of the business or establishment, the goods or commodities sold or services rendered on the lot on which the sign is located.

(c)

Real estate and development sign means a sign which directs attention to the promotion, development, construction, rental, sale or lease of property on which it is located.

(d)

Poster panel or billboard means a sign directing attention to a specific business, product, service, entertainment or any other activity sold, offered or conducted elsewhere than upon the same lot on which the sign is located.

('64 Code, § 1113.20; Ord. 2043, passed 12-20-72)

(a)

Street means a public way for purposes of vehicular travel including the entire area within the rights-of-way. The term includes, but is not limited to, avenue, alley, boulevard, drive, highway, road and freeway. Streets shall be classified and further defined as follows:

(1)

Freeway means a divided arterial highway for through traffic to which access from the abutting properties is prohibited and all street crossings are made by grade-separated interchanges.

(2)

Arterial street means a public street which is primarily for moving fast or heavy traffic between large or intensively developed districts.

(3)

Collector street means a street supplementary to and connecting arterial streets to local streets.

(4)

Local street means a street primarily for access to abutting properties and to serve local needs.

A.

Cul-de-sac means a street, one end of which connects with another street and the other end of which terminates in turning facilities for vehicles.

B.

Marginal access street means a local street providing access to lots which abut or are adjacent to a limited-access highway or arterial street.

C.

Loop street means a local street, both ends of which intersect with the same street at different points and which intersects with no other street.

D.

Alley means a minor street used primarily for vehicular service access to the back or side of properties abutting on another street.

(5)

Private street means a street held in private ownership.

(6)

Right-of-way means all of the land included within an area which is dedicated, reserved by deed or granted by easement for street purposes.

A.

Roadway means that portion of a right-of-way available for vehicular travel, including parking lanes.

B.

Tree lawn means that portion of a right-of-way lying between the exterior line of the roadway and the outside right-of-way line.

(7)

Other rights-of-way as follows:

A.

Pedestrian way means a dedicated public right-of-way solely for pedestrian circulation.

B.

Drainage way means the land required for construction or maintenance of storm water sewers, or required along a drainage ditch, natural stream or watercourse.

C.

Easement means a grant by a property owner of the use of land for a specific purpose, by the general public, a corporation or another person.

('64 Code, § 1113.21; Ord. 2043, passed 12-20-72)

Subdivision means the division of any parcel of land shown as a unit or as contiguous units on the last preceding records of the County Auditor, 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.

Subdivision includes the improvement of one or more parcels of land for residential, business 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, or as easements for the extension and maintenance of public sewers, drainage, water supply or other public facilities, and the division or allocation of land as open spaces for common use by owners, occupants or lease holders.

Subdivision includes resubdivision and replatting; it also may refer to the process of subdividing and the land subdivided when appropriate to the context.

('64 Code, § 1113.22; Ord. 2043, passed 12-20-72)

(a)

House trailer means a vehicle which is not self-propelled, designed, constructed or added to by means of accessories in such a manner as will permit the use and occupancy therein for human habitation; it may be supported on wheels, jacks or other supports and used or so constructed as to permit its being used as a conveyance frequently and repeatedly upon the public highways.

(b)

Trailer park means a lot occupied by, or designed to be occupied by, more than one family in house trailers, tents, camp-cars or similar facilities, and includes the roadway, structures, vehicles or other structures used or intended for use as a part of the facilities of such trailer park.

(c)

Trailer means a utility-type cart, wagon or van for hauling articles, designed to be pulled by an automobile or truck.

(d)

Recreational trailer or recreational vehicle means a travel trailer, pick-up truck camper, motorized house, folding tent trailer or boat and/or boat trailer which includes boats, floats and rafts, intended for or suitable for travel, recreational or vacation use.

(e)

Motorized home or motor home means a portable device designed and constructed as an integral part of a self-propelled vehicle and with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreation or vacation uses.

(f)

Mobile home means a detached dwelling unit designed to be transported by highway, arriving at the site for placement involving only minor and incidental unpacking, assembling and connection to public utilities.

('64 Code, § 1113.23; Ord. 2043, passed 12-20-72)

(a)

Use means any purpose for which buildings, other structures or land may be arranged, designed, intended, maintained or occupied; or any activity, occupation, business, profession or operation conducted in a building, other structure or on land.

(b)

Main use means the principal purpose of, or activity conducted in a building, other structure or land.

(c)

Accessory use means a use located on the same zoning lot with the main use of the building, other structure or land, but incidental to the main building or land use.

(d)

Conditional use means a use which may be permitted in specific districts subject to the compliance with certain standards and explicit conditions set forth in the Zoning Code and the granting of a conditional use permit.

(e)

Similar main use means uses uncommon in a district but which have characteristics similar to and compatible with those uses which are enumerated and permitted by right in a district.

('64 Code, § 1113.24; Ord. 2043, passed 12-20-72)

Variance means a modification of the zoning regulations permitted in instances where a literal application of the provisions of the Zoning Code would result in unnecessary hardships as a result of some peculiar or unique condition or circumstance pertaining only to the zoning lot in question in accordance with procedures and standards set forth in chapter 1197 of the Zoning Code.

('64 Code, § 1113.25; Ord. 2043, passed 12-20-72)

(a)

Yard means that portion of the open area on a lot extending between a building and the nearest lot line, or certain uses and the nearest lot line as established in the Zoning Code.

(b)

Front yard means the yard extending from the front wall of the building, or front boundary of use, to the front street right-of-way line across the full width of the lot.

(c)

Rear yard means the yard extending from the rear wall of the building, or rear boundary of the use, to the rear lot line across the full width of the lot.

(d)

Side yard means the yard extending between a side lot line, or side street right-of-way line, and the nearest wall of the building, or boundary of use, and from the front yard to the rear yard; provided that, for a corner lot, the side yard extends from the front yard to the rear lot line on the street side.

(e)

Required yard means the minimum yard required between a lot line and building line or the line of any parking area or any other use requiring a yard in order to comply with the zoning regulations of the district in which the zoning lot is located. A required yard and front yard shall be open and unobstructed from the ground upward except for projections on buildings as permitted in the Zoning Code and except for walks, landscaping and other yard or site features.

(f)

Court means an open space other than a yard, bounded on two or more sides by exterior walls of the building, or bounded by exterior walls of a building and lot lines.

('64 Code, § 1113.26; Ord. 2043, passed 12-20-72; Am. Ord. 3741, passed 7-20-99)

Flood fringe means that portion of the flood plain, excluding the floodway, where development may be allowed under certain restrictions.

('64 Code, § 1113.27; Ord. 2043, passed 12-20-72)

Flood plain means that land, including the flood fringe and the floodway, subject to inundation by the regional flood.

('64 Code, § 1113.28; Ord. 2043, passed 12-20-72)

Flood, intermediate, regional means large floods which have previously occurred or which may be expected to occur on a particular stream because of like physical characteristics. The intermediate regional flood generally has an average frequency of the 100-year recurrence interval flood.

('64 Code, § 1113.29; Ord. 2043, passed 12-20-72)

(a)

Procedures are hereby established in this chapter for achieving effectiveness, efficiency and uniformity in the administration of these Subdivision Regulations, including:

(b)

Procedures by which a developer may obtain information, plan land developments, make applications for review, record plats and construct land improvements;

(c)

Procedures by which the Planning Commission may review, study, make recommendations, approve the plans and plan and otherwise administer these regulations; and

(d)

Procedures for planning and developing land consistent with procedures for planned development, areas which include buildings as set forth in chapter 1195 of the Zoning Code, and in accordance with the objectives of the Master Plan.

('64 Code, § 1115.01; Ord. 2043, passed 12-20-72)

The city shall make available copies of these Subdivision Regulations, the Zoning Code, the Street Plan, Community Facilities Plan and other maps and relevant information at a cost to be determined by Council. Any developer may request an advance discussion of the procedures and criteria for developing land at an informal meeting of the Planning Commission.

('64 Code, § 1115.02; Ord. 2043, passed 12-20-72)

(a)

Classification. A subdivision, as defined in section 1113.22, is classified as a minor subdivision if it comprises a division of a parcel of land along an existing public street not involving the opening, widening or extension of any street or road, not involving the installation of any public utilities and not involving more than five lots after the original tract and all the contiguous land owned by the developer has been completely subdivided. The replatting of not more than five lots along a public street is also classified as a minor subdivision.

(b)

Application. An application for approval for each minor subdivision, including a sketch plan complying with the requirements set forth in section 1121.02, shall be filed by the developer with the secretary of the Planning Commission. The Commission shall take action upon the application at the next regularly scheduled meeting after receipt of all required information.

(c)

Approval. The Planning Commission may recommend approval of a minor subdivision to Council if the commission finds, after reviewing the proposed division of land that:

(1)

Not more than five lots will be created and all the land in the original tract and all the contiguous land owned by the developer would be completely subdivided; and

(2)

The sketch plan is properly coordinated with adjoining developments and adjoining unplatted land; and

(3)

The sketch plan complies with the planning criteria and other provisions of these Subdivision Regulations and other codes and plans of the city applying to minor subdivisions.

A notation of the action taken shall be made on the sketch plan by the secretary, chairman or other officials as may be designated by the commission. Six prints of the approved sketch plan shall be furnished to the commission.

If the commission determines the proposal should be reviewed as a major subdivision, or if the proposal cannot be approved for other reasons, the commission may suggest revisions to the plan before it is resubmitted.

('64 Code, § 1115.03; Ord. 2043, passed 12-20-72)

After approval of the sketch plan of a minor subdivision, the developer shall submit a conveyance with either a metes and bounds description or plat, as required by the Planning Commission, to the City Engineer for review. If he finds it complies with the approved sketch plan and is otherwise satisfactory, he shall certify the approval thereon within seven working days after he has received it. The approval shall expire within 120 days unless the deed description or plat has been filed and recorded in the office of the County Recorder, and the commission so notified in writing by the developer.

('64 Code, § 1115.04; Ord. 2043, passed 12-20-72)

(a)

Classification. A subdivision, as defined in section 1113.22, is classified as a major subdivision if more than five lots are created or if any subdivision or resubdivision involves the opening, widening or extension of any street, the allocation of land for open space for common use, or the granting of easements for the extension and maintenance of water supply, sewer disposal or other public facilities in connection with the improvement of one or more parcels of land for residential, business or industrial developments.

(b)

Application. An application for approval, along with six black-on-white prints' of the preliminary plan, or alternate plans complying with the planning criteria set forth in section 1119.03, shall be submitted to the secretary of the commission for each proposed major subdivision. The purposes of the preliminary plan are to explore the best subdivision design and its relationship to adjoining developments or vacant land, to outline a program of land improvements and obtain the suggestions and recommendations of the commission before a firm plan is prepared. Wherever a planned unit development is proposed, the preliminary subdivision plan shall be combined with an application for a planned development area, pursuant to chapter 1195 of the Zoning Code.

For subdivisions where public utilities are not accessible at the site or where rezoning is involved, the developer may submit as a pre-application step, a sketch plan and an outline program for land improvements without all of the required maps, data and plans before proceeding with the preliminary plan as otherwise required.

(c)

Planning Commission action; approval.

(1)

Whenever the Planning Commission has received an application and all of the required maps, drawings and data and plans as required by section 1121.03, a preliminary discussion for course of action on the application shall be held at the next regular meeting, provided it is received in sufficient time to be accommodated on the agenda.

(2)

The commission, in addition to its review, may refer the subdivision plans to any interested agencies, its planning and architectural consultants, and to the City Engineer for preliminary review, comments and recommendations. Review of the development plans shall consist of:

A.

Compliance with all relevant land planning and zoning regulations;

B.

Coordination and integration of subdivision design with the surrounding natural features and developments.

C.

Conformance with the components of the Master Plan.

(3)

Alter reviewing the aforementioned comments and recommendations and noting any nonconformance, the commission may require that the plans be revised prior to setting a date for a public hearing. Notice of the date, time and place of the public hearing shall be provided at least ten days prior to the date of the hearing, by being published at least once in a newspaper of general circulation in the city and mailed to the owners, as shown on the current records of the County Recorder, of contiguous properties and any other property owners deemed by the Planning Commission as affected by the proposed development. Failure of delivery or receipt of such notice shall not invalidate the proceedings. All applicable fees shall be paid by the applicant prior to notice of the public hearing. The applicant shall present at the public hearing all plans and information required for preliminary approval. Within 75 days after the public hearing, the commission shall recommend to Council the approval, approval with modifications or conditions, or denial of the preliminary development plans.

(4)

Within 60 days after the commission's recommendation, Council shall approve as recommended by the commission, approve with modifications or additional conditions, or deny the preliminary development plans. Upon approval by Council, the Chairman and Secretary shall affix their signatures to approved copies of the plans. In the absence of the Chairman or Secretary, the Vice-Chairman may sign the plans. The approval shall be subject to all conditions and modifications imposed by Council.

('64 Code, § 1115.05; Ord. 2043, passed 12-20-72; Am. Ord. 3580, passed 8-5-97)

(a)

Application. An application for approval of a final plat shall be filed with the secretary of the Planning Commission within one year after authorization by Council to proceed unless the commission extends the time.

The application shall include the original tracing of the final plat, the original tracing of the drawings for the required improvements, three black-on-white prints of each tracing, three sets of specifications, and other maps, data and certificates as required and set forth in section 1121.04.

The developer may apply for final plat approval for only that section of an approved preliminary plan of a subdivision which he proposes to develop and record as the first stage, however, the approval of any section of the preliminary plan shall become null and void if an application for final plat approval is not submitted within one year after approval of the preliminary plan, unless an extension of time is granted by the commission.

(b)

Review by City Engineer. The secretary of the commission shall transmit two prints of each drawing and the specifications to the City Engineer for determination if:

(1)

The final plat conforms to the approved preliminary plans and any special conditions or modification stipulated, and for correctness of mathematical data and computations; and

(2)

The designs and details of the required improvements as shown on the drawings and specifications are in conformance with the plans for utilities and streets and constructed in conformance with the approved standards of the city. One copy of the drawings and specifications shall be returned to the commission within ten days indicating his findings and recommendations.

(c)

Action by the Planning Commission. If the City Engineer determines the final plat, drawings and specifications are satisfactory in regard to the aforesaid provisions and if the subdivision complies with all other applicable provisions of these Subdivision Regulations, the commission shall approve it. Action shall be taken within one month after the meeting at which the application for approval and all required plats, maps and data were submitted to the commission, or an extension of time set by the commission.

The commission shall act upon the final plat, drawings and specifications, either separately or concurrently, but in no event shall it approve the final plat for recording until the improvements are constructed by the developer or their construction guaranteed by an approved surety bond. The amount of the bond shall be the estimated costs of the improvements, as estimated by the engineer. The form of the bond shall be approved by the Director of Law.

(d)

Form of approval. The approval of the final plat shall be indicated by a certification to that effect on the original tracing of the plat with the signature of the chairman and secretary of the Planning Commission. The commission shall obtain one duplicate tracing thereof at the developer's expense before returning the tracing to him. The reason for disapproval of a plat shall be stated in the records of the commission.

The approval of the drawing and specifications for the required improvements shall be indicated by a certification to that effect on the original drawings and specification with the signature of the City Engineer. Approval of the improvements as constructed shall likewise be certified by the engineer.

(e)

Recording. The developer shall file the approved final plat in the office of the County Recorder. The approval of the Planning Commission shall expire within 60 days unless within that period the plat has been duly filed and recorded and the commission so notified in writing by the developer. If the final plat is revised in any manner after approval, a new approval shall be necessary.

(f)

Effect of approval and recording. If drawings and specifications for improvements are approved and construction guaranteed, the final plat may be approved and recorded, construction of improvements started, building permits issued and lots may be sold, leased or transferred.

Occupancy permits for a building shall not be issued until streets and utilities are accepted by Council for public use; however, a temporary occupancy certificate may be issued upon the condition that the developer assumes all responsibility for maintenance of streets and utilities until officially accepted by Council.

('64 Code, § 1115.06; Ord. 2043, passed 12-20-72)

(a)

Dedication for public use. The plat shall be submitted to Council for acceptance of dedication of any land for public use and acceptance of any easement before it is recorded. The acceptance of any street or utility for public use and maintenance and assignment of street names shall be by separate Council action.

(b)

Land reserved for public use. In addition to land for local streets which principally serve the subdivision under consideration, the city may request by resolution that land for other streets, for parks, playgrounds or other public uses as shown on the official Master Plan, the Street Plan or Community Facilities Plan or determined by adopted standards, be set aside and reserved for a period of 120 days after the application for approval of a preliminary plan of a subdivision is submitted, or for a longer period as may be mutually agreed, to allow the city time to start proceedings to acquire such land by gift, purchase, exchange, devise or appropriation.

(1)

During such period, no structure shall be erected, no trees or topsoil shall be removed or destroyed, no grading shall be done, nor shall any land so reserved be put to any use whatsoever except on written approval of the Planning Commission.

(2)

If land for a recreational use is shown within a proposed subdivision on an official plan, the developer may be required to contribute land, or if no land for recreational use is shown within a proposed subdivision on an official plan, the developer may be required to contribute a fee to a Land Acquisition Fund for playground use. Any required contributions of land or a fee shall be in accordance with established standards based on costs prorated among the properties served by the recreation facility.

(c)

Common land. Whenever a developer submits a plan showing common land either for recreation, streets, pedestrian circulation or other purposes, the covenants, and restrictions of such land shall be submitted with the plans of the subdivision to the Planning Commission. The commission shall not approve any common land unless such covenants and restrictions set forth that the common land shall be:

(1)

Used only for the uses set forth in the restrictions and covenants;

(2)

Improved by the developer;

(3)

Owned by a home association, condominium ownership or similar private organizations with owners of each dwelling unit having a share in the common land; and

(4)

Maintained at no cost to the city with the owner of each dwelling responsible for his share of the maintenance cost, which share when not paid shall be a lien against the property.

(5)

Such covenants and restrictions are as approved by the Law Director.

('64 Code, § 1115.07; Ord. 2043, passed 12-20-72)

(a)

An application and preliminary plan shall be submitted by the developer to the Planning Commission for all proposals for multi-family, business and industrial subdivisions involving the division or allocation of land for open spaces for common use, for the opening or extensions of streets or as easements for the extension and maintenance of sewers, water supply or other public facilities.

(b)

The preliminary plans of such subdivisions shall be planned in accordance with the planning criteria established in chapter 1117 and all maps, plans and other data required and set forth in section 1121.03 shall be furnished if determined applicable by the commission.

(c)

All procedures, maps and other data required and set forth in section 1121.04 shall be complied with and furnished if determined applicable by the commission in the preparation of final plats of subdivisions where streets or other areas are to be used by the public and public utilities are to be constructed.

('64 Code, § 1115.08; Ord. 2043, passed 12-20-72)

In order that proposed subdivisions may be properly planned and reviewed, a map of the city showing all streets, lot lines and topographic contours, shall be kept up to date by the City Engineer and maintained on file by the Clerk of Council. Preliminary plans, when approved, shall be indicated on a print of the city map, and every final plat or deed description, when recorded, shall be added to the tracings thereof.

('64 Code, § 1115.09; Ord. 2043, passed 12-20-72)

An application for resubdividing, replatting or vacation of a subdivision or a part thereof, shall be made by the owner or owners to the commission in the same form as for an original subdivision along with all required maps and other information. The original lots shall be shown by dotted lines, and lot numbers and other references made to previously recorded subdivision. After a replatting or vacation is approved by the Planning Commission it shall be submitted to the Clerk of the Court of Common Pleas if required by the provisions of R.C. §§ 711.17 through 711.31, inclusive.

('64 Code, § 1115.10; Ord. 2043, passed 12-20-72)

(a)

The owner and/or developer of any land, immediately after receiving approval to subdivide, consolidate and/or develop or improve such land, shall deposit with the Building Commissioner the originals, and any amendments made thereto, of all plats, deed restrictions, declarations of covenants and restrictions for use of land, articles of incorporation for homeowner associations, easements, and deeds transferring all common lands to a homeowner's association and all other related documents which require recording and/or filing with any governmental entity. The Building Commissioner shall cause such documents to be recorded with the appropriate governmental entity and a copy of the recorded document shall be retained by the Building Commissioner for the city's records. All originals, except grants to the city, shall be returned to the owner and/or developer.

(b)

The Building Commissioner shall establish a schedule of fees based upon the actual costs, including document filing service company fees, of recording or filing documents with various governmental entities. The owner and/or developer, at the time the original documents are deposited with the Building Commissioner, shall either deposit the applicable recording fees, as determined by the Building Commissioner, with the Building Commissioner or the Building Commissioner is authorized to utilize any funds on deposit with the city from the owner and/or developer pursuant to section 1101.04 of this chapter.

(c)

No building permit shall be issued for the construction of any house, building, or other structure unless and until the provisions of this section have been complied with by the owner and/or developer unless otherwise permitted by the Safety Director.

(Ord. 3881, passed 12-21-99)

Planning criteria are hereby established as fundamental principles and each are to be applied with professional skill in the planning, subdividing and resubdividing the land so as to achieve, among others, the following purposes:

(a)

To provide for the planning of attractive and harmonious neighborhoods and to take advantage of the topography and natural features;

(b)

To relate the planning of neighborhoods to a pedestrian and vehicular circulation system, to implement the Street Plan and to provide convenient and safe local streets;

(c)

To provide quiet neighborhoods, to plan a common green area network where desired, under all types of neighborhood planning; however, each lot shall form a functional building site;

(d)

To provide for the implementation of the Community Facilities Plan by reserving and acquiring sites for public uses;

(e)

To provide for planned unit industrial subdivisions by the application of the same basic planning criteria; and

(f)

To provide for the coordination of planning and division of land in connection with planned development areas where buildings are included, and to carry out the objectives of the Master Plan.

('64 Code, § 1117.01; Ord. 2043, passed 12-20-72)

Land developments shall be planned to take advantage of the topography of the land in order to utilize natural contours, to economize in the construction of drainage facilities, to reduce the amount of grading, and to minimize destruction of trees and topsoil. The natural features and other distinctive characteristics of the site shall be integrated into the plan to create functional variations in the neighborhoods. Detailed topographic maps shall be utilized in the land planning.

(a)

Streets and topography. Land which is relatively flat or of very gentle undulations shall be planned so that the streets follow the natural drainage courses and, insofar as possible, all building sites shall be above the street grade. On more irregular topography, streets should follow the ridges or be planned approximately parallel to contour lines and designed to avoid extensive cuts and fills.

(b)

Natural drainage. All developments, particularly of land of very gentle slopes, shall be designed to take advantage of natural contours so that all the land can be drained with the minimum of reshaping. Unless watercourses or drainage ways are enclosed, the plan shall be adjusted so that rear lot lines or areas held as public or private common land shall be approximately parallel to the natural or straightened watercourse, and only where such a plan is not practical may side lot lines be arranged parallel to an open drainage course. Easements for drainage ways and low-lying areas which are subject to flooding may be included as part of a lot but shall not be utilized as a building site.

(c)

Natural features. Natural features, irregularities, changes in level, brooks, hills and other focal points within the site, and distant views outside the subdivision shall be coordinated with the design to obtain natural variety and interest in each neighborhood and the most attractive building sites and view possible. Trees, topsoil and other natural resources shall be preserved and utilized in the development of the subdivision. Certain required dimensions may be adjusted to preserve such features when approved in accordance with the provisions of these Subdivision Regulations and chapter 1195 of the Zoning Code.

('64 Code, § 1117.02; Ord. 2043, passed 12-20-72)

Streets shall be designed to implement the Street Plan, to be in accord with the functions served as classified in section 1113.21, and to be related to the use of abutting land. Furthermore, streets shall be designed to comply with planning criteria as follows:

(a)

Arterial street system. The arterial street system shall be planned in compliance with the duly adopted Street Plan, and unless shown otherwise on such plan, arterial streets shall be planned for continuation of existing streets in the system and at the same width, or at greater width in accordance with adopted standards. Access to arterial streets shall be controlled in the interest of public safety and to maintain the design capacity of the street system. Arterial streets should be planned to have a minimum distance of 600 to 800 feet between intersections. Access driveways to developments between intersecting streets should be regulated insofar as possible to one driveway at intervals of 200 feet by combining the access to several developments, or by other means.

(b)

Collector street system. Collector streets connect the local residential street system and the main highway and should be oriented to one or more focal points of traffic generation. They should be planned for continuity and will normally contain a relatively large number of intersections with local streets.

(c)

Relation to residential developments. Wherever a one-family residential development abuts an arterial street, the Planning Commission may, in order to protect residential property from the movements of heavy traffic and to control intersections with arterial streets, require:

(1)

Marginal streets parallel to the arterial street;

(2)

Reverse frontage lots between an arterial street and a parallel local street with screen planting located in a nonaccess reservation along the right-of-way line of the arterial street;

(3)

The fronting of lots with extra width on perpendicular local streets; or

(4)

Lots with extra depth fronting on the arterial street with access provided by combined driveways.

(d)

Right-of-way widths. The right-of-way for arterial streets shall be determined by the Planning Commission but in no case shall the right-of-way be less than 80 feet. The right-of-way for collector streets shall be not less than 70 feet.

('64 Code, § 1117.03; Ord. 2043, passed 12-20-72)

The primary function of local streets is to provide direct access to each lot and development. The local street system should be designed to minimize through traffic movements. This can be accomplished by adequate peripheral collector street capacity, and by creating discontinuities in the local street pattern, by offsetting local street intersections and providing loop streets or cul-de-sac streets.

The pattern should be logical and comprehensive for the convenience of the local residents and visitors, and for providing services. The design should be planned to provide these basic functions without having to rely on extensive traffic regulations. The streets should be designed for uniformly low volumes of traffic, commensurate with residential amenities, and to discourage speeds of more than 25 miles per hour. The amount of space devoted to local streets should be minimized for costs and economy of land use.

There should be a basic underlying design related to the topography and natural features. The pattern should also be related to attaining functional, economical and practical patterns, shapes and sizes of areas for development. Necessary traffic generators such as schools, bus routes and playgrounds should serve as focal points in the pattern and such routes should have a minimum number of pedestrian crossings. There should be a minimum number of intersections; "T"-intersections should predominate, cross intersections should be minimized.

(a)

Right-of-way and pavement widths. Whenever local streets are planned in accordance with the criteria set forth in this section, the right-of-way width of such street shall be 60 feet and the pavement width between curbs shall be 26 feet. The Planning Commission, however, may approve a right-of-way width of 50 feet, and a pavement width of 24 feet for cul-de-sac streets serving less than 15 dwelling units or a loop street serving less than 30 dwelling units.

(b)

Intersections. Arterial and collector streets shall be designed to intersect as nearly at 90 degrees as possible; no arterial or collector street shall intersect another at less than 70 degrees. Local streets shall be designed to intersect at not less than 50 degrees. The intersection of more than two streets at a point or with center line offsets of less than 200 feet shall not be permitted.

The vertical alignment or grade within 100 feet of an intersection should not exceed three percent for arterial, 5 percent for collector, and 7 percent for local. An unobstructed sight triangle of not less than 75 feet measured along the center lines of the intersecting streets shall be provided. Property lines at street intersections should be rounded with a radius of not less than 30 feet for arterial streets; 20 feet for collector streets; and 12 feet for local streets.

(c)

Vertical alignment. The maximum grade for local streets should not exceed four percent in ordinary terrain (0 percent to 8 percent); grades exceeding eight percent should be permitted for only short distances of approximately 200 feet. A rate of change of three to four percent per 100 feet is the maximum recommended to provide a safe sight distance.

(d)

Horizontal alignment. Properly designed curving residential streets are encouraged; angles of horizontal alignment of the center lines of streets shall be connected by a curve with a radius of not less than 150 feet; between reverse curves there shall be a center line tangent of not less than 100 feet.

(e)

Cul-de-sac streets. Cul-de-sac streets or permanent dead-end streets shall be permitted where parcels are surrounded by allotments, where irregular topography would require excessive grading for continuous streets, or where other types of nonthrough streets would not provide sufficient discouragement of through traffic.

All cul-de-sac streets shall be terminated with a permanent turnaround or square having a minimum curb radius of 50 feet and a street property line radius of 65 feet. Cul-de-sac streets shall not exceed 800 feet in length unless an additional turnaround or square is provided. If the cul-de-sac street does not open in the direction of schools or playgrounds, a pedestrian way may be required. In addition, the Planning Commission may require that the center of the turnaround be planted with permanent evergreens and ground cover, and that the turnaround be designed to provide additional parking spaces.

(f)

Temporary dead end streets. Where a proposed subdivision adjoins undeveloped land, a temporary "T" turnaround, may be provided for each street if not more than 500 feet in length. Provisions shall be made for the future extension of such streets and utilities, and for the reversion of the excess right-of-way to the abutting properties.

(g)

Streets of nonconforming width. Streets of less than the required width shall not be permitted except where the Planning Commission finds such a street will be adequate to serve the proposed development. Wherever property abuts a street which does not conform to the width required by the Street Plan, these Subdivision Regulations or plans of the county or Ohio Highway Department, the additional width shall be provided when the land is subdivided.

(h)

Reserve strips adjoining streets. A division of land to prevent access or extensions to pavement and/or utilities to another property shall not be permitted except where the control and provisions for disposal of such land division has been assigned to the city.

(i)

Driveways. Driveways shall be located at least 60 feet from the intersection of the projection of the right-of-way lines of the nearest intersecting streets.

(j)

Street names. Names shall be selected which will not duplicate or be confused with the names of existing streets in Cuyahoga County irrespective of modifying terms such as street, avenue, boulevard, and the like. Streets that are or will eventually be continuations of existing or platted streets shall be named the same. Street names shall be subject to the approval of the Planning Commission.

('64 Code, § 1117.04; Ord. 2043, passed 12-20-72)

(a)

Streets serving apartment buildings shall be planned to connect with arterial or collector streets so as to not generate traffic on local residential streets. Vehicular and pedestrian access shall be adequate and convenient to each dwelling unit; planned so that a street, service drive, parking area or delivery area will be located not more than 100 feet from every main or service entrance of every apartment building.

(b)

The criteria for horizontal and vertical alignment, intersections and other design criteria of streets in apartment developments shall be the same as the design criteria for one-family subdivisions. The distinguishing feature is the heavier traffic volumes caused by the greater population density. A cul-de-sac street shall not exceed 300 feet in length. The minimum rights-of-way shall be not less than 60 feet; the minimum paved surface between curbs shall be 32 feet.

('64 Code, § 1117.05; Ord. 2043, passed 12-20-72)

(a)

Streets serving business developments and accessory parking areas shall be planned to connect with arterial streets so as to not generate traffic on local residential streets. The intersection of service streets or driveways from parking areas with arterial or collector streets shall be located so as to cause the least possible interference with the movement of traffic on the arterial streets, and wherever possible shall be located not less than 100 feet from the intersection of an arterial or collector street, measured from the intersection of the projection of the right-of-way lines or spaced not less than 200 feet from each other.

(b)

Parking areas serving adjoining business establishments shall be interconnected by on-site drives and designed to provide the maximum safety and convenience, and to accomplish such purposes, the commission may require marginal service roads along arterial streets.

('64 Code, § 1117.06; Ord. 2043, passed 12-20-72)

(a)

Collector streets for industrial subdivisions shall be planned to serve industrial areas exclusively and shall connect with arterial streets so that no industrial traffic will be directed onto any residential streets. The intersections of service streets and access driveways to parking areas with arterial streets should be located at intervals of not less than 200 feet in the interest of public safety and to maintain the design capacity of the street.

(b)

The street layout of the industrial subdivision shall be planned to provide the lot areas and widths as required in the Zoning Code; it may be planned for progressive extension as the subdivision is developed. The Street Plan shall be in general conformity with plans for the development of the adjoining industrial areas and the adopted Street Plan. Streets shall be planned to be extended to the boundaries of any adjoining land planned for industry, except for topographic or other physical conditions, or if the Planning Commission finds such extension is not in accord with the approved plan of the area. In such locations, the commission may permit a cul-de-sac street as a temporary measure as part of a progressive development program.

(c)

The minimum pavement width shall be 32 feet; the minimum radius of curbs at intersections shall be 35 feet; the minimum right-of-way shall be not less than 70 feet. Each street shall be of sufficient width to safely accommodate the projected traffic volumes and access for fire protection equipment. The pavement turnaround shall have a minimum outside curb radius of 55 feet and a property line radius of at least 65 feet. The criteria for horizontal and vertical alignment, intersections and other design criteria shall be the same as set forth in this chapter for collector streets.

('64 Code, § 1117.07; Ord. 2043, passed 12-20-72)

The boundaries and lines of blocks and other parts of neighborhoods shall be designed and adjusted to conform to the topography and natural features to the corporation lines, to the street planning criteria as set forth in section 1117.04, to accommodate lots and building sites of the size and character required for the district as set forth in the Zoning Code and to provide for the required community facilities.

(a)

Size of blocks. For one-family subdivisions the length of blocks shall be planned to average 2,000 feet and shall not exceed 2,500 feet or be less than 800 feet unless approved by the Planning Commission. The width of blocks shall be planned to accommodate two tiers of lots. A single tier of lots may, however, be required by the commission to separate residential development from major streets as set forth in section 1117.03, from adjoining nonresidential land uses, from areas of unusual topographic or natural features and tiers of lots may be separated by common green areas.

(b)

Small subdivisions. Whenever a parcel is too small to be planned for the use intended and would result in fractional or odd-shaped lots, lack of street frontage or otherwise not conform to the planning criteria of these Subdivision Regulations and the Zoning Code, the commission may request the developer to include adjoining unsubdivided land so that the project may be coordinated with the neighborhood and eventually developed as a unit.

(c)

Pedestrian circulation. Pedestrian ways of not less than 20 feet in width may be required for walkways across excessively long blocks or at the end of cul-de-sac streets for access to schools, playgrounds or bus stops, or to other public facilities where convenient pedestrian circulation has not been provided by the street pattern.

('64 Code, § 1117.08; Ord. 2043, passed 12-20-72)

Each lot shall be designed to form a functional site for the type of dwelling and the ancillary open space and the lot lines shall not be considered as merely a geometric shape enclosing the minimum requirements. The lots shall generally be rectangular in form; triangular, elongated or other shapes that restrict its use as a building site and utilization of yards shall be avoided.

(a)

Area and width of lot. In residential subdivisions the area and width of lots shall be in accordance with the requirements set forth in the Zoning Code, which requirements shall be construed as absolute minimum and not as optimum dimensions. The width of lot shall be not less than required at the front yard building line, on curved streets the arc of the front lot line or a rear lot line shall be not less than 60% of the required width at building line.

(b)

Depth of lots. The depth of lots abutting a local street in a proposed one-family subdivision should not exceed 3½ times its width. This ratio shall be increased when the rear line of such lots abuts a railroad, a freeway, other nonresidential land uses or where the rear yard contains rugged topography. Lots abutting major streets may exceed the aforesaid depth ratio as set forth in section 1117.03 in order to increase the safety and privacy thereon.

The city may prepare a local Street Plan of partially subdivided areas and reserve openings at intervals along the major roads for future local streets to serve the interior areas in accordance with duly adopted mapped street procedures.

(c)

Corner lots. In one-family subdivisions, corner lots shall have extra width to obtain the required side yards and building setback from and to obtain appropriate orientation to both streets and as set forth in the Zoning Code.

(d)

Side lot lines. In one-family subdivisions, side lot lines shall be designed to be at approximately right angles to street lines or radial to curved street lines. Where a street intersects another to form "T" intersection, the side lot lines shall be planned so that one line will be located approximately on the projected center line of the street which terminates.

('64 Code, § 1117.09; Ord. 2043, passed 12-20-72)

These Subdivision Regulations shall aid in the implementation of the Community Facilities Plan as follows:

(a)

Sites for community facilities. Sites for parks, playgrounds, schools and other public uses as shown on the duly adopted Community Facilities Plan, if located in whole or in part in a proposed subdivision, shall be incorporated in the subdivision plan and the land reserved for such purposes. Drainage courses, ponds, lakes or isolated parcels shall not be accepted for public use and maintenance unless conforming with the plan for public lands.

(b)

Utility easements. Where utilities are not located in the street, easements at least 12 feet total width shall be located on the center of rear lot lines or on side lot lines where necessary.

(c)

Drainage ways. Where a subdivision is traversed by a drainage way, channel, or stream, a storm water easement or drainage right-of-way conforming substantially with the lines of such watercourse shall be established. Such easements shall be not less than 20 feet wide, exclusive of the required lot area, or of such further width as deemed adequate for the purpose. Rear lot lines should be planned along such drainage ways.

('64 Code, § 1117.10; Ord. 2043, passed 12-20-72)

Provisions for requiring improvements are hereby established to be applied to each proposed subdivision and resubdivision for designing, constructing and assuring the construction of land improvements so as to achieve, among others, the following purposes:

(a)

The natural site assets such as existing trees and topsoil shall be preserved and the site graded to the extent necessary to provide a system of drainage;

(b)

All on-site and off-site extensions of pavements and utilities shall be constructed to complete the street and utility system;

(c)

The city is assured all required improvements are constructed for the entire project, or for a progressive series of parts thereof; and

(d)

To provide measures for enforcement thereof by withholding recording and transfer of land until the construction is satisfactorily completed.

('64 Code, § 1119.01; Ord. 2043, passed 12-20-72)

The developer shall provide and install at his expense the improvements required herein, or he shall provide financial guarantees in lieu of actual installation as precedence to the recording and sale of lots and the issuance of building permits. For industrial subdivisions, the Planning Commission may, however, permit that the improvements be installed on an assessment basis.

(a)

Improvements within the subdivision. Land for rights-of-way for all local and collector streets within the subdivision, and land for the widening or extension of arterial streets on the boundary of any proposed subdivision shall be dedicated by the developer and all easements shall be provided.

(1)

Utilities and pavements shall be furnished and installed as hereinafter required and they shall be of such sizes and capacities as are required for the development of the proposed subdivision, and as may be necessary to serve adjacent undeveloped land which is an integral part of the service area.

(2)

The developer shall be required to extend improvements to the boundary of the proposed subdivision to serve adjoining unsubdivided land; however, where the commission determines that a connecting street is necessary for the future subdividing of adjoining land, but the present construction of pavement and/or utilities therein are not warranted, the commission may require the dedication of land for such connecting street and the pavement for the intersections constructed and connections to the utilities made available for future extension.

(b)

Off-site extensions. The construction of off-site improvements to serve a proposed subdivision may be required of the developer as a precedence to approval if adequate utilities or streets are not available at the boundary of the proposed subdivision, provided the commission finds the extension of the improvements across undeveloped or unserved areas would not be warranted as a special assessment to the intervening properties or a municipal expense until some future date.

('64 Code, § 1119.02; Ord. 2043, passed 12-20-72)

The developer shall prepare a grading plan for each subdivision in order to establish street grades, floor elevations of buildings and a system of drainage for private lots, all in proper relation to each other and to existing topography, as follows:

(a)

Grading of block. The grading plan for the block shall be in accordance with criteria as set forth in section 1117.02. The purposes are to divert water away from buildings, to prevent standing water and soil saturation detrimental to buildings and the use of the lot, to provide for disposal of water from the lot except that which should be retained for irrigation, to preserve desirable site features and to provide grades for safe and convenient access to and around buildings and the lot for their use and maintenance.

(1)

The finished grading shall be designed in accordance with the chapter on Lot Improvements, details 88 through 91, of the FHA Minimum Property Standards for One and Two Living Units, and section M 309 Grading Design of the Municipal Property Standards for Multi-Family Housing.

(2)

The grading of the roadway shall be in accordance with criteria set forth in section 1117.02, and extend the full width of the right-of-way except in rolling topography. Tree lawns should be graded at a gradient of not loss than two percent or more than four percent upward from the curb to the sidewalk or property line.

(b)

Lot grading. The floor elevation of each building shall be established in proper relation to the surrounding grades, to the driveway and the street. There should be a minimum grade of two percent around each building so that water drains to lower areas or drainage swales which shall have minimum grade of 0.5 percent. The lot drainage system shall be designed so that surface water will drain onto the driveway, a drainage structure on the lot, a street gutter and storm sewer or a natural drainage way.

The minimum grades of driveways shall be 0.5 percent; the maximum shall be 12 percent. Grading should be adjusted so there will be no abrupt grades in the front yards and along side lot lines. The grades of earth terraces shall not exceed a two and one-half to one slope. If a masonry retaining wall exceeds three (3) feet in height, a hedge, fence or railing shall be provided on it.

(c)

Topsoil and trees. The topsoil shall be stripped from the roadway and construction areas, piled separately and not removed from the site or used as spoil.

The Planning Commission may require that as many trees as can be reasonably utilized in the final development plan be retained, and the grading be adjusted to the existing grade around the trees.

('64 Code, § 1119.03; Ord. 2043, passed 12-20-72)

A drainage system shall be designed and constructed by the developer as required for the district in which the proposed subdivision is located for the proper drainage of the surface water of the subdivision and each lot as follows:

(a)

Enclosed storm sewer. An enclosed storm sewer system shall be provided and connected to an existing storm sewer system, drainage ditch or other waterway as determined by the City Engineer. The system shall have a capacity to serve the subdivision and drainage area of which it is a part. The system shall include pipes, culverts, manholes, catch basins, drain inlets and a connection for each lot.

(b)

Open drainage system. Subject to the approval of the Planning Commission, the developer may rechannel any watercourse through his property in order to contain the storm drain flow within a lesser width. The developer may be required to deed in fee, dedicate or grant an easement to the city for a drainage channel not less in width than required by a plan or standards adopted by the city or as directed by the City Engineer. The developer shall be responsible for clearing the drainage way of all debris as a condition of acceptance. The City Engineer shall determine the proper cross section, grade, width of channel and horizontal alignment.

(c)

Design standards. The drainage system shall be designed in accordance with standards of the City Engineer.

('64 Code, § 1119.04; Ord. 2043, passed 12-20-72)

Sanitary sewers shall be designed in accordance with the Master Sewer Plan of the city, and constructed by the developer of each proposed subdivision or development; a house connection shall be provided for each lot. The sanitary system shall be designed and constructed in accordance with such regulations and standards as may be established by the City Engineer.

('64 Code, § 1119.05; Ord. 2043, passed 12-20-72)

A public water system shall be designed and constructed by the developer of each subdivision or development and a supply shall be provided for each lot. The water distribution system shall be designed and constructed in accordance with the rules and standards as may be established by the City Engineer or the Division of Water and Heat of the City of Cleveland.

('64 Code, § 1119.06; Ord. 2043, passed 12-20-72)

The developer shall submit preliminary plans of proposed subdivisions to the utility companies which will service the subdivision for the preparation of a layout of their distribution system. The distribution system shall be designed to provide overhead service from easements along lot lines or to provide underground service and shall be designed and constructed, and easements shall be provided in accordance with the following standards:

(a)

Underground utility service.

(1)

In all residential subdivisions or developments all telephone, electric power, cable television and street lighting wires, conduits or cables to serve lots in such subdivision shall be constructed underground and upon easements provided for 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.

(2)

All underground telephone, electric power, cable television and street lighting wires, conduits or cables and transformers shall be installed in accordance with the standards required in the American National Standard, National Electric Safety Code, and any amendments or replacements thereto, and other applicable regulations of the Public Utilities Commission of Ohio or any other applicable governmental agency. Transformers shall be located in underground vaults under the public walk or in an approved location in a nearby easement.

(3)

The use of above ground power pedestals, tap housings, meter bases, node housings, and other similar type installations shall be limited to those instances where such use is specifically required by any applicable federal, state or local electric or building codes. When the use of such pedestals is permitted, the utility shall be required to service as many lots as is technologically feasible from a single pedestal installation. Also, when feasible, the various utility providers shall be required to share such above ground pedestals to provide their respective utility services to their mutual customers.

(b)

Overhead electric service.

(1)

Where permitted, in business and industrial areas, overhead electric and telephone service lines should be located in easements along interior lot lines, and occasionally on a side lot line, in order to keep the number of poles along streets to a minimum.

(2)

In order to allow a reasonable minimum clearance from structures and adjacent trees, easements should be six feet wide on each parcel, total minimum width 12 feet. Easements should be continuous from block to block; in some blocks ingress only may be necessary. Street lighting wires shall be extended along side lot lines to lighting standards along the street rights-of-way.

(c)

Street lighting system. In subdivisions served by underground electric service, bases shall be provided for the ultimate installation of street lighting standards on arterial or collector streets and at intersections, all as directed and approved by the Building Commissioner, by the electric utility serving the subdivision to provide lighting intensity meeting the minimum recommendations of American Standard Practice for Roadway Lighting. Until used, the wiring in such bases shall be safely insulated and/or de-energized.

('64 Code, § 1119.07; Ord. 2043, passed 12-20-72; Am. Ord. 3145, passed 5-7-91; Am. Ord. 3448, passed 8-1-95)

The developer shall submit plans for a gas fuel distribution system for the proposed subdivision or development and a supply provided for each lot. The gas system shall be designed and constructed in accordance with the rules and standards of the East Ohio Gas Company as approved by the city. The lines shall be installed before the roadway subgrade is constructed.

('64 Code, § 1119.08; Ord. 2043, passed 12-20-72)

The pavement, curbs, driveways, foundation walls, use of masonry, parking area and sidewalks shall be designed and constructed by the developer as required for the district in which the subdivision is located and as set forth in the schedules in the Subdivision Regulations and in other applicable city ordinances, in accordance with the Detailed Specifications for paving in the city and Material Specifications of the Ohio Department of Transportation, whichever is applicable, such specifications shown on the drawings of the City Engineer, as approved by City Council, which are on file in the office of the Building Commissioner for reference.

(a)

Pavement. Pavement requirements may be modified if found necessary by the City Engineer and if approved by the Planning Commission, because of extraordinary traffic loads or unusual soil conditions in specific locations. The developer may construct the final pavement, or the developer may request to construct a temporary pavement of slag or stone for use during the building construction period and furnish a cash bond of at least ten percent of the amounts of the performance bond or in other amounts mutually agreed to, guaranteeing that all pavements shall be maintained in a passable and reasonable condition and rebuilt as necessary to comply with the standards of the city at the completion of the construction of the buildings, and without expense to the city, until acceptance of final pavement for maintenance and use.

(b)

Driveways. Driveways shall be located not less than three feet from the side lot line. Driveways shall be not less than eight feet and not more than 20 feet wide in One-Family Districts.

(c)

Parking areas. The design of off-street parking areas and its service driveways shall be in accordance with the standards as set forth in chapter 1183 of the Zoning Code.

(d)

Public sidewalks. Sidewalks shall be provided on both sides of the street, however, the Planning Commission may waive this requirement in R-60 and R-40 Residential Districts for cul-de-sac streets serving less than 15 dwelling units or for loop streets serving less than 30 dwelling units. Walks shall be extended to connect with existing walks or to the boundaries of the subdivision if walks are not accessible.

(1)

Completion time. Public sidewalks required hereunder in any subdivision shall be constructed and completed within a two-year period from the time that construction of all other required improvements are completed. However, the developer or owner shall construct remaining sidewalks within such subdivision or any street therein in a lesser period than the two years aforementioned in order to assure safe pedestrian travel within such subdivision when determined by the Building Commission that:

A.

The construction of homes within the subdivision are completed, or

B.

Eighty percent of the home construction with the subdivision or any street thereof is completed.

(2)

Cash bond. In addition to any other bond requirement guaranteeing the construction of all improvements within a proposed subdivision, a cash bond, in an amount equal to the cost of public sidewalks, as determined by the City Engineer, shall be deposited with the Building Commissioner at the time an application for a building permit for homes is presented to the Building Department. Such cash bond shall be refunded immediately after such public sidewalks have been inspected and approved by the City Engineer.

(e)

Foundation walls. New foundation walls, or foundation walls constructed in conjunction with home additions or replacement walls, shall be of solid or hollow masonry units and shall be covered with face brick or stone above grade, except that alterations, additions and expansions to pre-existing foundation walls shall match, as closely as possible, within the discretion of the Building Commissioner, the existing above grade portion of the foundation wall. Poured concrete foundations, plain or reinforced, shall be brick or stone appearance above grade, except that alterations, additions and expansions to pre-existing foundation walls shall match, as closely as possible, within the discretion of the Building Commissioner, the existing above grade portion of the foundation wall.

(f)

Use of masonry. Chimneys and vents passing through a roof shall extend through flashing and terminate in accordance with the manufacturer's installation requirements. All chimneys shall be designed and constructed so as to be stable and structurally conduct the gaseous products of combustion to the outer air without creating a fire hazard or a public nuisance. All chimneys shall be of masonry or Class A construction or in accordance with the provisions contained in the National Fuel Gas Code or any amendments made thereto. All metal or other type chimneys and or flues shall be enclosed, above the roof line, or if located on the exterior of the structure, above and below the roof line with brick, stone, simulated brick or other material as may be approved by the Building Commissioner.

(Ord. 4307, passed 3-20-07; Am. Ord. 4488, passed 6-16-09)

Monument boxes shall consist of an adjustable cast-iron monument box No. R-1968, Type "B" as manufactured by Neenah Foundry Company, or an approved equal. Monument boxes shall be set at all points in the pavement indicated on the plans. These shall be located so as to conform to the line and grades as shown on the plans and standard detailed drawings for pavements in the city.

('64 Code, § 1119.10; Ord. 2043, passed 12-20-72)

(a)

The selection and spacing of trees shall be in accord with a street tree plan approved by the Planning Commission. Trees should be planted along new city streets at intervals of 50 feet. Tree species should be selected with such habit of growth that they will fill the space desired within a reasonable time, producing a pleasing effect in scale with adjacent developments. Miniature tree species should not be used except for special design considerations of scale, such as in a mall, and not used merely as a means of reducing pruning and a tree care program. Trees of untried species, of unknown endurance, or those requiring frequent spraying should not be used.

(b)

Trees generally recommended along streets are red maple, Norway Maple, Sugar Maple, Red oak, White Oak, Thornless Honey Locust, London Plane, Amur Cork and Sweet Gum. Trees which have undesirable characteristics such as excessively thick foliage, low branches, unpleasant odors, susceptibility to disease or attack by insects, or have large root systems such as Poplar, Willow, Cottonwood, American Elm, various nut and fruit trees, Ailanthus, Mountain Ash, and Oregon Maple shall not be planted in any tree lawn.

(c)

A tree planting program should be prepared by qualified landscape architects for trees along the public streets and in public areas, including but not limited to: species to be used on specific streets along with regulations controlling spacing; distance from curbs, street intersections, private driveways and street lights; and minimum size and height to lower branch. The program should be in accordance with the objectives of Policy No. 29, January 1964, of the American Society of Landscape Architects.

('64 Code, § 1119.11; Ord. 2043, passed 12-20-72)

Street name signs shall be furnished and installed by the developer. The design of the signs shall be in accord with the present signs as approved by the city. Signs shall be placed on diagonally-opposite corners, on the far right-hand of the intersection for traffic on the more important street, and as close to the corner as possible.

('64 Code, § 1119.12; Ord. 2043, passed 12-20-72)

The utilities, pavements and other land improvements as required shall be designed of extra size and/or extensions provided as may be necessary to serve nearby land which is an integral part of the neighborhood service or drainage area in addition to the improvements required for the development of the proposed subdivision.

(a)

Extra-size improvements. The developer shall be required to pay a part of the improvements but shall not be required to pay for that part of the materials or construction of the pavements of arterial streets, trunk sewers or water mains which are determined by the City Engineer, according to standards set forth in this chapter, to be in excess of the size required for the development of the subdivision and the integral neighborhood, service or drainage area.

If a storm sewer, a sanitary sewer or a water main in excess of the size necessary to service the development is required, but each less in size than the sewer trunk lines or water mains which are to be constructed and financed on a regional basis, the city may construct the extra-size utility and require a deposit in advance from the developer for the cost of the utility he is required to install and his portion of other costs which the city may assess against the benefited property owners of the service or drainage area.

(b)

Extensions to boundaries. The developer shall be required to extend the necessary improvements to the boundary of the proposed subdivision to serve adjoining unsubdivided land, as determined by the Planning Commission.

(c)

Off-site extensions. If streets or utilities are not available at the boundary of a proposed subdivision, and if the commission finds the extensions across undeveloped areas would not be warranted as a special assessment to the intervening properties or as a municipal expense until some future time, the developer may be required, prior to approval of the final plat, to obtain necessary easements or right-of-way and construct and pay for such extensions. Such improvements shall be available for connections by developers of adjoining land.

(d)

Prorating costs. In making determinations for prorating costs for the construction of off-site extensions or extra-size improvements, the commission and Council shall consider, in addition to the standards set forth in this chapter and other regulations of the city, the following conditions:

(1)

The relative location and size of the proposed subdivision;

(2)

The traffic estimated to be generated by the development in relation to present streets;

(3)

The natural drainage area for sewers and the service area for water;

(4)

The development benefits that will accrue to the subdivision;

(5)

The sequence of land and utility developments in the vicinity; and

(6)

Any other condition it finds pertinent.

('64 Code, § 1119.13; Ord. 2043, passed 12-20-72)

(a)

The design of the water system, storm and sanitary sewerage systems and roadways, the grading of the subdivision and each lot shall be in accord with the various aforesaid standards and requirements. Drawings and specifications for the improvements shall be reviewed and approved by the City Engineer and the installation shall be subject to his continuous inspection.

(b)

At the completion of the construction, and before acceptance, the developer shall furnish the city a set of records or as built tracings showing the locations, sizes and elevations of all underground utilities.

('64 Code, § 1119.14; Ord. 2043, passed 12-20-72)

The developer may execute and file with the city financial guarantees, in lieu of actual installation or completion of the required improvements, concurrently with the application for approval of the final plat.

(a)

Type of guarantees. Such guarantees may be in the form of a performance or surety bond, a certified check or any other type of surety approved by the city. The terms of such guarantees shall be determined by the Planning Commission, however, they shall not be for a longer period than two years unless Council, by resolution, extends the time. Bonds shall be executed by the applicant as principal with a surety company authorized in the state and shall be in a form substantially as shown in Appendix III of these Subdivision Regulations.

(b)

Amount of guarantee. The financial guarantees shall be in an amount equal to the estimated total cost of materials and labor required to install or construct the improvements. Such costs shall be determined by the City Engineer. When any portion of an improvement has, upon inspection, been found satisfactorily completed, a reduction in the bonds or partial withdrawal of funds equal to the estimated costs of such completed improvements may be authorized.

(c)

Progressive installation. The developer may apply for final approval and recording of only a portion of the entire subdivision. Under such a progressive unit development procedure, the installation of required improvements and sale or lease of lots may proceed only on that portion of the subdivision which has been approved and recorded.

('64 Code, § 1119.15; Ord. 2043, passed 12-20-72)

The developer shall guarantee the construction and materials of the street and other public improvements for a 24 month period after acceptance by the city, and in order to secure the guarantee, he shall deposit cash or other surety in an amount equal to 25 percent of the total cost of the construction of street improvements in a Maintenance Fund and provide the city certificates or other evidence that such fund is maintained.

('64 Code, § 1119.16; Ord. 2904, passed 8-4-87)

The developer agrees to indemnify and save harmless the city against and from any and all loss, cost, damage, liability and expense on account of damage to property of the city, or injury to or death of the city's employees, agents or representatives or any third person, caused by, growing out of or in any way whatsoever attributable to the construction of such public improvements and the use of the streets delineated on the subdivision plat during construction. The developer further agrees, but without limiting its liability to indemnify the city, to carry liability insurance contracts with any insurance company or companies licensed to do business in the state acceptable to the Building Commissioner during the period of such construction in the sum of $250,000.00 for injury to or death of any persons with a minimum aggregate limit of $1,000,000.00, and in the sum of $300,000.00 for damage to or destruction of property, which insurance contracts to include the city as a named insured. The developer agrees to maintain on file with the city during the period of such construction, certificates or memoranda of insurance evidencing that such insurance contracts are in force.

('64 Code, § 1119.17; Ord. 2905, passed 8-4-87)

In the event the developer fails to diligently pursue the work or complete the installation of all improvements to the land according to the terms and conditions of these Subdivision Regulations, the drawings and specifications, approved by Council, the performance bonds filed by him and/or other agreements or covenants made by him, the city may upon ten days written notice to the developer complete the same in the manner required, and pay for the costs thereof from the deposits made by the developer.

('64 Code, § 1119.18; Ord. 2043, passed 12-20-72)

A building permit may be issued and construction started after the completion of the underground utilities. If a temporary pavement is constructed a temporary certificate of occupancy which includes a statement that the city is not liable for maintenance of such improvements, may be issued, provided the developer furnishes a cash bond in an amount required by the city guaranteeing that all streets shall be maintained in a passable and reasonable condition until such time as the final pavement is completed and accepted for use and maintenance as set forth in subsection 1119.09(a).

('64 Code, § 1119.19; Ord. 2043, passed 12-20-72)

Plans, maps, data and plats shall be prepared and furnished by the developer as required in this chapter to assure accurate surveying, to provide adequate information for designing, preparing plans, reviewing and recording subdivisions.

('64 Code, § 1121.01; Ord. 2043, passed 12-20-72)

The developer shall furnish with the application for approval of a sketch plan for a minor subdivision, or as a pre-application for a major subdivision, pursuant to section 1115.03, either separate or combined, the following:

(a)

Maps and data.

(1)

Location. A drawing or print of a city map, or a part thereof, showing the location of the proposed subdivision.

(2)

Property. A drawing or print showing by scale and dimensions the parcel which is to be subdivided and all contiguous land of the same ownership, including locations of existing structures within 100 feet of the boundaries.

(3)

Topography. A section of the topography and drainage map of Cuyahoga County, 200-foot scale, two-foot contours, of the proposed subdivision and within 100 feet thereof.

(4)

Utilities. Information on the accessibility of required utilities.

(5)

Name. The name of the owner and of adjoining property owners, including designations of the parcel according to official records.

(b)

Sketch plan. The sketch plan shall be clearly drawn on transparent paper or cloth at a scale of not less than 100 feet to the inch, showing the proposed layout and dimensions of each lot.

('64 Code, § 1121.02; Ord. 2043, passed 12-20-72)

The developer shall furnish, with the application for approval of a preliminary plan of a major subdivision, pursuant to section 1115.05, the following maps, data and plans:

(a)

Maps and data. Maps and data shall, unless submitted in connection with a sketch plan, include the following, either separate or combined:

(1)

Vicinity map. A print of a section of the 800-foot scale map of the city, showing the proposed subdivision and relationship to adjacent developments, streets and all community facilities which serve or influence it.

(2)

Property line map. A property line map showing bearings and distances of the parcel to be subdivided, location, width and purpose of easements, the name, width and location of abutting streets including location of pavements and sidewalks and structures on parcels within 100 feet on adjoining property.

(3)

Utility map. A utility map showing utilities on and adjacent to the tract, including location, size and invert elevations of all sewers, location and size of water and gas mains, location of fire hydrants and electric power and telephone poles.

(4)

Topographic map. A section of the Cuyahoga County Topographic Map, 200-foot scale, contours at two-foot intervals based on the county datum plane.

(5)

Titles and certifications. Titles and certifications indicating present parcel designations according to official records, the name of the developer, the name and address of owners, a certification of a registered surveyor, the scale and the date of survey.

(b)

Preliminary plan. The subdivision shall be planned in accord with the planning criteria set forth in chapter 1117 of these Subdivision Regulations and designed by either a professional planner, a registered landscape architect or a registered civil engineer. The plan shall be accurately and clearly drawn at a scale of not less than 100 feet to one inch. It may be drawn in pencil on transparent tracing paper. The drawing shall include the aforesaid topographic and property line data, the surrounding streets and lots and the proposed plan, or alternate plans of the subdivision, including the following:

(1)

Streets. The layout, right-of-way and pavement widths, approximate grades and names of streets;

(2)

Other rights-of-way. The location, width and purpose of other rights-of-way;

(3)

Lot lines. The approximate dimensions and number of lot lines;

(4)

Public use sites. The sites to be reserved or dedicated for parks, playgrounds or other public uses;

(5)

Other use sites. The sites for multi-family, institutions, business or industrial uses;

(6)

Building lines. Building lines if uniform or if a group development;

(7)

Title. Title, graphic scale, north arrow and date.

(c)

Protective covenants. An outline of the protective covenants proposed to regulate and protect the development, restrictions and by-laws of a homes association and its incorporation, declaration of condominium ownership and any other covenants, if any.

(d)

Other preliminary plans. The Planning Commission may require additional preliminary drawings showing information such as street profiles and grades, a typical cross section of the proposed roadway, proposed sanitary and storm sewers and water service, or the prospective street system of adjacent land owned by the developer.

(e)

Ownership certificate. The commission may require a certificate as to ownership and that the proposed subdivision is satisfactory to the owner.

('64 Code, § 1121.03; Ord. 2043, passed 12-20-72)

The developer shall furnish, with the application for approval of the final plat of a subdivision, pursuant to section 1115.06, the following plans, data and plats:

(a)

Final plat. The final plat shall be drawn and signed in India ink on tracing cloth at a scale not less than 50 feet to one inch.

Sheets shall not be less than 24 inches x 36 inches, or larger than 36 inches x 48 inches in size, if necessary the plat shall consist of several sheets including an index and references to adjoining sheets. The plat shall include only the portion of the subdivision proposed for immediate recording and development and show the following:

(1)

Control points. The control points to which all dimensions, angles and bearings are to be referred; the nearest street or section line or other established point.

(2)

Lines and boundaries. Lines and boundaries such as center lines and right-of-way lines of streets, easements and other rights-of-way; natural and artificial watercourses, streams and shorelines; corporation lines; and property lines of all lots and parcels with distances, radii, arcs, chords and tangents of all curves, nearest one hundredth of a foot; bearings or deflection angles, nearest second.

(3)

Street. The name and width of each street within the proposed subdivision and those adjoining; the building setback line.

(4)

Lot and block identification. The number or letter, in progressive order, for each lot and block conforming with the Recorder's procedures.

(5)

Dedication and acceptance. The boundaries of and purpose for which any parcels, other than residential lots, the area to be dedicated or reserved for public use; the purpose of easements.

(6)

Monuments. The location and description of those monuments found, set or to be set.

(7)

Names. The names of recorded owners of adjoining unplatted land.

(8)

Reference. Reference to subdivision plats of adjoining platted land by name, volume and page of the Recorder's maps.

(9)

Certification. Certification by the owner of the acceptance of the plat and a statement offering dedication of streets, rights-of-way, and any sites for public use or reserved by deed covenants for common use of all property owners.

(10)

Survey and plat certification. Certification and seal by a registered surveyor or engineer as to preparation and details of the survey and plat.

(11)

Protective covenants. Reference to protective covenants, or included on the plat.

(12)

Title. Titles of the subdivision, municipality, county, state, original township section, tractor lot; scale (shown graphically), north arrow, date.

(13)

Approval statement. An approval statement for the Planning Commission and city officials and/or county officials, as may be required.

(14)

Forms. The above, title, certificates, statements, and the like, shall be in accord with the forms set forth in the appendix of these Subdivision Regulations.

(b)

Drawings and specifications. Drawings and specifications showing cross sections, profiles, elevations, construction details and specifications for all required improvements. The drawings and specifications shall be in accordance with the requirements of chapter 1119.

(c)

Certification by City Engineer. Certification by the City Engineer stating that the developer has:

(1)

Installed all required improvements in accordance with the provisions of these Subdivision Regulations and any conditions set forth by the Planning Commission in its approval of the preliminary plan; or

(2)

Posted financial guarantees in sufficient amount to assure completion of all required improvements.

(3)

Complied, where applicable, with the provisions of chapter 915 relating to a Trees Savings Plan.

(4)

Protective covenants. Protective covenants, restrictions, by-laws, declarations and any other covenants in final form, to be recorded separately.

(5)

Other statements and data.

(1)

A statement that there are no unpaid taxes or special assessments against the tract and that the developer owns the property.

(2)

Other data, certificates or affidavits as may be required by the Planning Commission in the enforcement of these Subdivision Regulations.

('64 Code, § 1121.04; Ord. 2043, passed 12-20-72; Am. Ord. 3741, passed 7-20-99)

On any existing lot or sublot, or in any proposed subdivision of land where, in the opinion of the City Engineer, development is proposed on irregular or severe topography, the developer shall comply with the following regulations:

(a)

Those lots or sublots of any proposed subdivision, or any existing lots or sublots that have been identified by the City Engineer as having irregular or severe topography or poor soil conditions shall be marked on the preliminary and final plats for proposed subdivisions and upon the city's existing plat maps for existing lots or sublots, by an appropriate symbol or other designation as approved by the City Engineer, as requiring any improvement plans to be reviewed and approved by a structural engineer and a geotechnical or other qualified expert retained by the owner and/or developer. The report of these experts shall indicate that such proposed development will not pose an unreasonable risk to the potential occupants of any buildings located on such land or present a hazard or risk to adjacent developments. The owner and/or developer of such lot shall comply with all recommendations of these experts in the development of the land in question.

(b)

At the time any footers have been installed for any structure proposed for such lot or sublot, the expert(s) retained by the developer or builder shall confirm in writing that any and all conditions set forth in the approved plans as required in subsection (a) above have been met and these footers have been installed in accordance with such plan. Additional inspections to determine compliance with the report and recommendation of the experts retained by the owner or developer shall occur when the structure is completed, at the time final grade is to be established and at such other times as the Building Commissioner or City Engineer deems appropriate. The Building Commissioner shall not issue any form of occupancy permit unless and until all requirements of the experts have been met.

(c)

The surety bond, as required by section 1311.011 of the Codified Ordinances of the City of Brecksville, shall be available to the city in the event the owner and/or developer fails to comply with any requirements of this section or the recommendations of any experts retained in compliance with this section.

(Ord. 3547, passed 12-17-96; Am. Ord. 3557, passed 2-18-97)

(a)

Procedures are hereby established for adopting these Subdivision Regulations by Council after public hearing, and administering it thereafter by the Planning Commission; and

(b)

To relate these regulations to other codes of the city and to provide for their interpretation;

(c)

To provide for appeals for refusal of approval of a plan; and

(d)

To provide procedures for the enforcement of these regulations, the construction of improvements and recording of plats, all consistent with state laws and the rules and the Charter of the city.

('64 Code, § 1123.01; Ord. 2043, passed 12-20-72)

(a)

The Planning Commission is empowered by authority of R.C. chapters 711 and 735 or such statutes hereinafter in effect, to prepare plans of unsubdivided or improperly subdivided or platted areas showing a system of future streets and public open spaces, and show as "mapped street" those rights-of-way to be reserved.

(b)

The commission shall hold a public hearing thereon. Notice of the time, place and purpose of such hearing shall be given by written notice mailed not less than 15 days prior to the date of such hearing, to the owners of all property within, contiguous to and directly across the street from the area being planned. The address of such owners shall be obtained from current records of the County Auditor and city records.

(c)

After the hearing, such "mapped street" or "mapped public land" plans, may be adopted by the commission and recorded, and thereafter no subdivision may be approved and no street may be accepted or improved unless it conforms substantially to such recorded plan, and no application for a permit to construct a building on land shown within the right-of-way of a future street shall be issued until the city has started procedures to acquire such land for street purposes, but such permit may not be withheld for a period exceeding 120 days.

('64 Code, § 1123.02; Ord. 2043, passed 12-20-72)

In making applications for approval of a preliminary plan or a final plat of a subdivision, the developer shall:

(a)

Certified check. Deposit a certified check payable to the city in the amount as established by the schedule of fees, by ordinance, along with the preliminary plan, to be credited to the General Fund for the exclusive use of defraying any expenses incurred by the city in reviewing the plan.

(b)

Engineering inspection, construction inspection and legal expenses. The fee for engineering inspection, construction inspection and for legal fees shall not be less than the expenses incurred by the city, and the developer shall deposit not less than five percent of the estimated cost of the improvements, or such additional amount as reasonably determined necessary by the Building Commissioner, in a specific fund for such purpose.

('64 Code, § 1123.03; Ord. 2043, passed 12-20-72; Am. Ord. 2906, passed 8-4-87; Am. Ord. 3853, passed 12-19-00)

Compliance with these Subdivision Regulations shall be obtained by applying penalties for noncompliance as follows:

(a)

Violations of rules and regulations; penalty. Whoever violates any provision of these Subdivision Regulations as duly adopted or fails to comply with any order issued pursuant thereto, shall forfeit and pay not less than $10.00 nor more than $1,000.00 and each violation shall be considered a separate offense.

(b)

Improvements to be installed. The utilities and other improvements required by these Subdivision Regulations and deemed necessary in the public interest to provide essential services and access to a lot shall have been installed or their installation guaranteed, in conformance with the provisions of these regulations before the issuance of a building permit for construction upon such lot and before the recording, sale or lease of the lot.

(c)

Transfer of land before recording. Whoever, being the owner or agent of the owner of any land located within the jurisdiction of these Subdivision Regulations, transfers any lot, parcel or tract of such land or in accordance with any plat of a subdivision before such plat has been recorded, shall forfeit and pay not less than $100.00 nor more than $500.00 for each lot, parcel or tract of land sold. The description of such lot, parcel or tract by metes and bounds in the deed of transfer shall not serve to exempt the seller from the forfeit herein provided. The city may enjoin such sale or agreement by a civil action in any court of competent jurisdiction.

The sale of lots, parcels or tracts from a plat of a subdivision on which any and all areas indicated as streets or as open ground are expressly indicated as for the exclusive use of the abutting or other owners in such subdivision and not as public streets, ways or grounds shall not serve to exempt the seller from the requirements of these regulations or from the forfeiture herein provided.

('64 Code, § 1123.04; Ord. 2043, passed 12-20-72)

(a)

The adoption of and amendments to these Subdivision Regulations may be initiated by the Planning Commission or Council. If initiated by Council they shall be referred to the commission, and, after receiving recommendations thereon, the commission shall hold a public hearing in accordance with the provisions set forth in section 1199.03 of the Zoning Code. If the amendment is approved by the commission, Council may adopt the amendment by a majority vote, or, if such amendment is not approved by the commission, it may be adopted only by an affirmative vote of five members of Council.

(b)

After adoption or amendment to these Subdivision Regulations a copy thereof shall be certified by the commission or Council to the Cuyahoga County Recorder.

('64 Code, § 1123.06; Ord. 2043, passed 12-20-72: Am. Ord. 3741, passed 7-20-99)

These Subdivision Regulations shall be effective upon passage and publication, and upon adoption by Council. They shall take effect and be in force at the earliest date permitted by the City Charter.

('64 Code, § 1123.07; Ord. 2043, passed 12-20-72; Am. Ord. 3741, passed 7-20-99)