Chagrin Falls City Zoning Code
TITLE SEVEN
Subdivision Control
1161.01 TITLE AND INTENT.
(a) Title. These Regulations shall be known and may be cited and referred to as the "Subdivision Regulations of the Municipality of Chagrin Falls".
(b) Intent. This chapter is enacted in accordance with Ohio R.C. Chapter 711 and for the purpose and intent of the following objectives:
(1) Protecting the public health, safety, comfort, convenience and general welfare.
(2) Regulating the development of subdivided areas.
(3) Promoting the orderly, efficient and appropriate development of streets and layout of utilities and other facilities deemed necessary or appropriate to the public interest.
(4) Protecting against deterioration and obsolescence.
(5) Providing for water, drainage, sewer and other sanitary facilities to service the subdivision.
(6) Providing for the administration of these Regulations.
(7) Defining the powers and duties of the administrative officers.
(8) Prescribing penalties for violation of the provisions of this chapter or any amendment thereto.
(9) Safeguarding the interests of the owners or occupants of property, the subdividers and local government.
(10) Accurately surveying, preparing and recording of plats and subdivision of land.
(Ord. 1988-25. Approved by voters 11-8-88.)
1161.02 JURISDICTION.
(a) Jurisdiction. The rules and regulations governing subdivision of land contained in these Regulations shall apply within the corporate limits of the Municipality. The Planning and Zoning Commission shall have the power of approval of the improvement plans, the preliminary plan and final plat. Council shall have the power of acceptance of dedication of any street, open space, required improvements, utilities in the right of way or other public ways on the plat.
(b) Relation to Other Laws. The provision of these Regulations shall supplement any and all laws of the State, ordinances of the Municipality or any and all rules and regulations promulgated by authority of such law or ordinance relating to the purpose and scope of these Regulations. Whenever the requirements of these Regulations do not agree with the requirements of any other lawfully adopted law, ordinance, regulation, resolution or rule, the more restrictive or that imposing the higher standards shall govern.
(c) Review and Approval Procedures. The procedures listed in the Planning and Zoning Code are established to govern the review and approval process of applications for subdivision approvals, zoning certificates, building permits and occupancy permits and shall be adhered to in this title on subdivisions unless otherwise noted herein.
(d) Conformity of Subdivision. No person shall subdivide by deed, plat, instrument of conveyance or otherwise, any tract of land within the Municipality, except conforming with the provisions of this chapter.
(e) Hillside Protection. The applicable Hillside Protection Regulations shall apply to any lot within a subdivision with an average percent of slope of six percent (6%) or greater.
(Ord. 1988-25. Approved by voters 11-8-88.)
1161.03 DEFINITIONS.
(1) Interpretations of Terms or Words. For the purpose of these Regulations, certain words or terms used herein shall be interpreted as follows:
A. "Persons" includes a firm, association, organization, partnership, trust, company or corporation as well as an individual.
B. The present tense includes the future tense, the singular number includes the plural and the plural number includes the singular.
C. "Shall" is a mandatory requirement, "may" is a permissive requirement and "should" is a preferred requirement.
(2) "Abutting property" means physically touching or bordering on; sharing a common property line.
(3) "Alley" means a minor street used primarily for vehicular service access to the back or side of properties abutting on another street.
(4) "Applicant" means the owner of land proposed to be subdivided or his representative. Used synonymously with subdivider, developer and owner.
(5) "Arterial street" means a highway primarily for through traffic carrying heavy loads and large traffic volumes usually on a continuous route.
(6) "Block" means a tract of land bounded by streets or by a combination of streets and public parks, cemeteries, railroad rights of way, shorelines of waterways or boundary lines of municipalities.
(7) "Building line" means a line established by the township zoning resolution, generally parallel with and measured from the street right of way edge, defining the limits of a yard in which no building may be located.
(8) "Collector street" means a thoroughfare, whether within a residential, commercial or other type of development, which primarily carries traffic from local streets to arterial streets, including the principal entrance and circulation routes within residential subdivisions.
(9) "County Recorder" means the Cuyahoga County Recorder.
(10) "County Sanitary Engineer" means the Cuyahoga County Sanitary Engineer.
(11) "Cul-de-sac" means a local street of relatively short length with one end open to traffic and the other end terminating in a vehicular turnaround.
(12) "Culvert" means a transverse enclosed drain that channels under a bridge, street or driveway or other man-made obstruction.
(13) "Dead-end street" means a street temporarily having only one outlet for vehicular traffic and intended to be extended or continued in the future.
(14) "Density" means a unit of measurement; the number of dwelling units per acre of land.
(15) "Developer". See "Applicant".
(16) "Double frontage lot". See "Through lot".
(17) "Easement" means authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his property.
(18) "Engineer" means a person registered to practice professional engineering by the State Board of Registration as specified in Ohio R.C. 4733.14.
(19) "Final plat" means the drawing on which the applicant's plan of subdivision is presented to the Planning and Zoning Commission for approval.
(20) "Halfstreet" means a street where one side is improved and developed while leaving the other side vacant, unimproved and undeveloped due to space limitations or topography in the subdivision.
(21) "Improvements" means any drainage ditch, sewer, water line, roadway, parkway, sidewalk, pedestrianway, tree lawn, off-street parking area or other facility for which the local government may ultimately assume the responsibility for maintenance and operation.
(22) "Improvement plans" means the maps or drawings showing the specific location and design of improvements to be installed in the subdivision in accordance with the requirements specified in these Regulations.
(23) "Local street" means a street primarily for providing access to residential, commercial or other abutting property.
(24) "Location map." See "Vicinity map".
(25) "Lot split." See "Minor subdivision".
(26) "Marginal access street" means a local or collector street, parallel and adjacent to an arterial or collector street, providing access to abutting properties from arterial or collector streets.
(27) "Minor subdivision" (also known as a "lot split") means a parcel of land along an existing public street, not involving the opening, widening or extension of any street or road and involving no more than five lots after the original tract has been completely subdivided.
(28) "Monuments" means permanent concrete, stone or iron markers used to establish definitely all lines of the plat of a subdivision, including all lot corners, boundary lines, corners and points of change in street alignment.
(29) "Open space" means an area open to the sky which may be on the same lot with a building. The area may include, along with the natural environmental features, swimming pools, tennis courts and any other recreational facilities that the Planning and Zoning Commission deems permissive. Streets, structures for habitation and the like shall not be included.
(30) "Pad" means a building site prepared by artificial means, including but not limited to, grading, excavating or filling, or any combination thereof.
(31) "Parking space, off-street" means an area adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room, but shall be located totally outside of any street or alley right of way.
(32) "Performance bond" or "surety bond" means an agreement by the subdivider with the County for the amount of the estimated construction cost guaranteeing the completion of physical improvements required by these Regulations.
(33) "Plat" means the map, drawing or chart on which the developer's plan of subdivision (preliminary) is presented to the Planning and Zoning Commission for approval and, after such approval, to the County Recorder (final) for recording.
(34) "Public way" means an alley, avenue, boulevard, bridge, channel, ditch, easement, expressway, freeway, highway, land, parkway, right of way, road, sidewalk, street, subway, tunnel, viaduct, walk or other ways in which the general public or a public entity have a right, or which are dedicated, whether improved or not.
(35) "Right of way" means a strip of land taken or dedicated for use as a public way. In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks, lighting and drainage facilities, and may include special features (required by the topography or treatment) such as grade separation, landscaped areas, viaducts and bridges.
(36) "Setback line" means a line established by the Subdivision Regulations and/or Zoning Ordinance (Resolution), generally parallel with and measured from he lot line, defining the limits of a yard in which no building, other than accessory building or structure may be located above ground, except as may be provided in such codes. (See "Yards.")
(37) "Sewers, central or group" means an approved sewage disposal system which provides a collection network and disposal system and central sewage treatment facility for a single development, community or region.
(38) "Sidewalk" means that portion of the road right of way outside the roadway, which is improved for the use of pedestrian traffic. (See "Walkway".)
(39) "Subdivider". See "Applicant."
(40) "Subdivision 1" means the division of any parcel of land shown as a unit or as contiguous units on the last preceding tax roll, into two or more parcels, sites or lots any one of which is less than five acres for the purpose, whether immediate or future, of transfer of ownership, provided, however, that the division or partitioning of land into parcels of more than five acres not involving any new streets or easements of access, and the sale or exchange of parcels between adjoining lot owners, where such sale or exchange does not create additional building sites, shall be exempted; or
(41) "Subdivision 2" means the improvement of one or more parcels of land from residential, commercial or industrial structures or groups of structures involving the division or allocation of land for the opening, widening or extension of any street or streets except private streets serving industrial structures, the division or allocation of land as open spaces for common use by owners, occupants or lease holders, or as easements for the extension and maintenance of public sewer, water, storm drainage or other public facilities. See "Minor subdivision".
(42) "Sublots" means the parcels of land which result from the subdivision process on a plat intended for future private use. Sublots on recorded plats are assigned permanent parcel numbers by the County Recorder.
(43) "Surveyor" means any person registered to practice surveying in the State.
(44) "Thoroughfare, street or road" means the full width between property lines bounding every public way of whatever nature, with a part thereof to be used for vehicular traffic.
(45) "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 front lots.
(46) "Tract" means the entire land area proposed for subdivision by the applicant.
(47) "Uniform Design Standards" means a set of standards for sewerage improvements adopted by the Village Engineer and Administrator, among others.
(48) "Vicinity map" means a drawing located on the plat which sets forth by dimensions or other means the relationship of the proposed subdivision or use to other nearby developments or landmarks and community facilities and services within Cuyahoga County in order to better locate and orient the area in question.
(49) "Walkway" means a dedicated public way, five feet or more in width, for pedestrian use only, whether along the side of a road or not.
(50) "Watershed" means the drainage basin in which the subdivision drains or that land whose drainage is affected by the subdivision.
(Ord. 1988-25. Approved by voters 11-8-88.)
1161.04 PROPOSAL.
(a) Preapplication.
(1) Recommended procedure: The preliminary discussion allows the subdivider to meet with the Village Administrator to discuss the proposed subdivision in relation to these regulations as well as existing conditions and future planning.
(2) Recommended procedure: The preapplication sketch allows the subdivider to present all information needed to determine that the proposed subdivision satisfies all the requirements hereof and will serve the public interest. Included in the legible, drawn-to-scale (of one inch = forty feet) preapplication sketch is the following:
A. The proposed subdivision in relation to existing community facilities, thoroughfares and other transportation modes, shopping centers, manufacturing establishments, residential developments and existing natural and man-made features such as soil types, vegetation, contours and utilities in the neighboring area.
B. The layout and acreage of streets, lots and any nonresidential sites such as commercial, manufacturing, school or recreational uses within the proposed subdivision.
C. The location of utilities for the proposed subdivision, if available, or the locations of the nearest sources of water and public facilities for the disposal of sewage and storm water.
D. The scale and title of subdivision, a north arrow and the date.
E. Name, address and phone number of owners and developer.
(b) Preliminary Plat. After the preapplication stage, the subdivider shall submit a preliminary plat of the proposed subdivision which shall conform with the requirements set forth in subsections (d) to (k) hereof, inclusive. The preliminary plat shall be prepared and stamped by a registered professional engineer or registered surveyor of the State.
(c) Application for Tentative Approval. An application in writing for the tentative approval of the preliminary plat, together with eight copies of the preliminary plat and the supplementary information specified in subsections (f) to (i) hereof, inclusive, shall be submitted to the Village Administrator.
(d) Preliminary Plat Form. The preliminary plat shall be drawn at a scale not less than fifty feet to the inch and shall be on one or more sheets twenty-four by thirty-six inches in size.
(e) Preliminary Plat Contents. The preliminary plat shall contain the following information:
(1) Proposed name of the subdivision, which shall not duplicate or closely approximate the name of any other subdivision in the Municipality.
(2) Location by section, range and township, permanent parcel number or other surveys.
(3) Names, addresses and phone numbers of the owner, subdivider and the registered professional engineer and registered surveyor who prepared the plat and appropriate registration numbers and seals.
(4) Date of survey.
(5) Scale of the plat of one inch = fifty feet, north point.
(6) Boundaries of the subdivision and its acreage.
(7) Names of abutting subdivisions, owners of adjoining parcels of land and their addresses of record and the location of their boundary lines.
(8) Locations, widths and names of existing streets, railroad rights of way, easements, parks, permanent buildings and corporation and township lines; location of wooded areas and other significant topographic and natural features within and adjacent to the plat for a minimum distance of 200 feet.
(9) Zoning classification of the tract and adjoining properties and a description of proposed zoning changes, if any.
(10) Existing contours at an interval of not greater than two feet if the slope of the ground is twelve percent (12%) or less; and not greater than five feet where the slope is more than twelve percent (12%).
(11) Existing sewers, water lines, culverts and other underground structures and power transmission poles and lines, within and adjacent to the tract.
(12) Location, names and widths of proposed streets and easements.
(13) Building setback lines with dimensions.
(14) Location and dimensions of all proposed utility and sewer lines, showing their connections with the existing system.
(15) Layout, numbers and approximate dimensions of each lot. When a lot is located on a curved street or when side lot lines are not at ninety-degree angles, the width at the property line shall be shown.
(16) Parcels of land in acres to be reserved for public use or to be reserved by covenant for residents of the subdivision.
(17) A vicinity map at a scale of not less than 400 feet to the inch shall be shown on, or accompany, the preliminary plat. This map shall show all existing subdivisions, roads and tract lines and the nearest exiting thoroughfares. It shall also show the most advantageous connections between the roads in the proposed subdivision and those of the neighboring areas.
(18) Proposed topography, showing contours at intervals of not less than two feet.
(19) Proposed buildings by type of use, parking spaces, loading spaces, roads, drives and walkways, showing dimensions.
(20) Location, type and height of proposed outdoor lighting.
(21) Common open space and landscaping to be provided in accordance with the requirements of Chapter 1142, including the location of trees or tree clusters to be retained and those to be removed.
(22) Proposed and existing signs, shown in accordance with the application requirements of Section 1143.05(b).
(f) Supplementary Information. The following information shall be supplied in addition to the requirements in Section 1161.04(c).
(1) Statement of proposed use of lots, giving type and number of dwelling units and type of business or industry.
(2) Location and approximate dimensions of all proposed and existing buildings.
(3) For commercial development, the location, dimensions and approximate grade of proposed parking and loading areas, alleys, pedestrian walks, streets and the points of vehicular ingress and egress to the development.
(4) Description of proposed covenants and restrictions.
(5) In a letter accompanying the request for approval of the preliminary plat, the subdivider shall state the type of sewage disposal he proposes to use. If other than the Municipal treatment plant, it shall be accompanied by a letter from the County Board of Health.
(6) Building applications, or applications which incorporate building permit applications, shall also contain all information required for building permits in Part Thirteen, Building Code.
(7) If a zoning change is involved, certification from the Village Administrator shall be required indicating the change has been approved and is in effect.
(8) Certification of compliance with environmental performance regulations as required in Section 1144.03.
(9) For all uses proposed or to be retained: building and structure heights, number of parking spaces, number of dwelling units, total building coverage and floor area by type and use.
(Ord. 1988-25. Approved by voters 11-8-88.)
(10) All wetlands and flood hazard areas shall be designated on the preliminary plat. This designation shall be certified by a person certified in wetlands delineation as mandated by the State of Ohio and/or the United States Government.
(Ord. 1993-50. Passed 6-14-93.)
(g) Filing. The preliminary plat shall be considered officially filed after it has been reviewed for all required information and found complete, a non-refundable one thousand five hundred dollar ($1,500) filing fee and also a professional-fee deposit, pursuant to Section 1161.09(b), are paid and it is stamped by the Village Administrator and dated.
(Ord. 2009-66. Passed 12-14-09.)
(h) Notification of Abutting Property Owners.
(1) Ten days prior to the Planning and Zoning Commission's initial review of the preliminary plat, the Administrator shall notify by first class mail all persons who own land which at any point abuts any land within the proposed subdivision. The notice shall advise the landowners that a plat has been submitted to the Village for development of land which abuts theirs, that details of the proposal and its status may be obtained from the Village Administrator's office and that the landowner may submit comments to the Planning and Zoning Commission concerning the proposal.
(2) A notice not received by an abutting property owner shall not affect the validity of approval by this Village of any subdivision which in all other respects is lawfully given.
(Ord. 2014-72. Passed 11-10-14.)
(i) Approval of Preliminary Plat. The Village Administrator shall forward copies of the preliminary plat to such officials and agencies as may be necessary for the purpose of study and recommendation. These include at least the Village Engineer and the Village Administrator. After receipt of reports from such officials and agencies, the Planning and Zoning Commission shall determine whether the preliminary plat shall be approved, approved with modifications or disapproved. If a plat is disapproved, the reasons for such disapproval shall be stated in writing. The Planning and Zoning Commission shall consider the preliminary plat at the next regularly scheduled meeting which occurs seven days or more after official acceptance of the application by the Administrator. The Commission shall make its final determination no later than thirty-five days after the date of its required initial consideration. When a preliminary plat has been approved by the Planning and Zoning Commission, the chairman shall sign all copies and return one to the subdivider for compliance with final approval requirements. Approval of the preliminary plat shall be conditional upon compliance with all other applicable statutes and ordinances of the Municipality.
(j) Approval Period. The approval of the preliminary plat shall be effective for a maximum period of twelve months and shall guarantee that the terms under which the approval was granted will not be affected by changes to these Regulations.
(k) Final Plat Required. The subdivider, having received approval of the preliminary plat of the proposed subdivision, shall submit a final plat of the subdivision and drawings and specifications of the improvements required therein. The final plat shall have incorporated all changes in the preliminary plat required by the Planning and Zoning Commission. Otherwise, it shall conform to the preliminary plat and it may constitute only that portion of the approved preliminary plat which the subdivider proposes to record and develop at the time. The final plat and the supplementary information shall be prepared by a qualified registered engineer or surveyor.
(l) Application for Approval of Final Plat. An application for approval of the final plat shall be submitted on forms provided by the Village Administrator, together with eight copies of the plat and the supplementary information specified shall be submitted to the Planning and Zoning Commission.
(m) Regulations Governing Improvements. The final plat drawings and specifications of improvements shall be a set of construction and utility plans prepared and stamped by a registered professional engineer of the State. The plans include typical sections, plans and profile views, construction details and estimates of quantities. All typical sections and engineering details to be used on any particular street shall be approved in advance by the Village Engineer before completion of the plans. Prior to the granting of approval of the dedicated plat, the subdivider shall have installed the minimum required improvements or shall have furnished a surety or certified check for the amount of the estimated construction cost of the ultimate installation and initial maintenance of the improvements. Before the surety is accepted, it shall be approved by the Village Engineer and Administrator. The term of the surety shall extend twelve months beyond the completion date of the project.
(n) Final Plat Form. The final plat shall be legibly drawn in waterproof ink on tracing cloth, mylar or other material of equal permanence. It shall be drawn at a scale of fifty feet to the inch and shall be on one or more sheets twenty-four by thirty-six inches in size. If more than one sheet is needed, each sheet shall be numbered and the relation of one sheet to another clearly shown.
(o) Final Plat Contents. The final plat shall contain the following information:
(1) Name of the subdivision, location by section, range and township, permanent parcel numbers or other survey number; date, north point, scale and acreage.
(2) Name and address of the subdividers and the professional engineer and/or registered surveyor who prepared the plat and appropriate registration numbers and seals.
(3) Plat boundaries, based on accurate traverse, with angular and lineal dimensions. All dimensions, both linear and angular, shall be determined by an accurate control survey in the field which must balance and close within the limit of one in 10,000.
(4) Bearings and distances to nearest established street lines or other recognized permanent monuments.
(5) Exact locations, right of way and names of all streets within the adjoining the plat, and building setback lines.
(6) Radii, internal angles, points of curvature, tangent bearings, lengths of arcs and lengths and bearings of chords of all applicable streets within the plat area.
(7) All easements and rights of way provided for public services or utilities.
(8) All lot numbers and lines with accurate dimensions in feet and hundredths. When lots are located on a curve, the lot width at the building setback line shall be shown.
(9) Accurate location and description of all monuments.
(10) Accurate outlines of areas to be dedicated or reserved for public use, or any area to be reserved for the common use of all property owners. The use and accurate boundary locations shall be shown for each parcel of land to be dedicated.
(11) A copy of any restrictions and covenants the subdivider intends to include in the deeds to the lots in the subdivision.
(12) Certification by a registered surveyor to the effect that the plat represents a survey made by him and that the monuments shown thereon exist as located and that all dimensional details are correct.
(13) Typical sections and complete profiles of streets and other related improvements to be constructed in the proposed subdivision.
(14) The location of and a description of all monuments and pins.
(p) Filing. The final plat shall be filed with the Planning and Zoning Commission not later than twelve months after the date of approval of the preliminary plat; otherwise, it shall be considered void unless an extension is requested by the developer and granted in writing by the Planning and Zoning Commission.
(q) Approval of Final Plat by Planning and Zoning Commission. The Planning and Zoning Commission shall approve or disapprove the final plat at the next regularly scheduled meeting which occurs seven days or more after official acceptance of the application by the Administrator. The Commission shall make its final determination no later than thirty-five days after the date of its required initial consideration. Failure of the Commission to act upon the final plat within such time shall be deemed as approval of the plat. If the plat is disapproved, the grounds for disapproval shall be stated in the records of the Commission and a copy of such record shall be forwarded to the subdivider. The Commission shall not disapprove the final plat if the developer has done everything that he was required to do and has proceeded in accordance with the conditions and standards specified in the approved preliminary plat. If disapproved, the subdivider shall make the necessary corrections and resubmit the final plat within thirty days to the Commission for it final approval. If a plat is refused by the Commission, the person submitting the plat which the Commission refused to approve may file with the Administrator an application for appeal of the decision, for review by the Board of Zoning Appeals within thirty days of Commission refusal of plat, as required in Section 1111.03.
(r) Transmittal of Copies. When the final plat has been approved by the Planning and Zoning Commission, the original tracing shall be returned to the subdivider for filing with the County Recorder after all necessary certifications are received. After recording with the County Recorder, the original tracing shall then be given to the Clerk of Council to be permanently placed on file.
(s) Minor Subdivisions (Lot Splits). Approval of a minor subdivision may be granted by the Planning and Zoning Commission if the proposed division of a parcel of land meets all of the following conditions:
(1) The proposed subdivision is located along an existing public road and involves no opening, widening or extension of any street or road;
(2) No more than five lots or 2.5 acres are involved after the original parcel has been completely subdivided;
(3) The proposed subdivision is not contrary to applicable subdivision or zoning regulations;
(4) The property has been surveyed and a sketch and legal description of the property is submitted with the application.
All procedures in subsection (a) to (s) hereof, inclusive, shall be adhered to by the subdivider unless otherwise waived by the Village Administrator or Engineer.
All minor subdivisions shall have final plat approval by the Planning and Zoning Commission and shall be filed by the subdivider with the County Recorder.
(Ord. 1988-25. Approved by voters 11-8-88.)
1161.05 DESIGN STANDARDS.
(a) Design Standards Statement. The provisions of this chapter shall control the manner in which streets, lots and other elements of a subdivision are arranged on the land. These planning controls shall insure convenient and safe streets, creation of usable lots, provision of space for public utilities and reservation of land for open spaces.
(b) Design Review. The Planning and Zoning Commission has responsibility for reviewing the design of each future subdivision early in its design development. The Commission shall insure that all of the requirements in this chapter are met.
(d) Physical Considerations.
(1) Natural land use. Subdivisions shall be planned to take advantage of the topography of the land, to economize in the construction of drainage facilities, to minimize destruction of trees and topsoil, and to preserve such natural features as watercourses, unusual rock formations, large trees, sites of historical significance and other assets which if preserved will add attractiveness and value to the subdivision and the community.
(2) Suitability of land. The Planning and Zoning Commission, with the advice of the Village Engineer, shall review and determine if land proposed to be subdivided is unsuitable for subdivision development due to flooding, inadequate drainage, topography, inadequate water supply, seasonal high water table limitations, steep slopes, rock formations, adverse earth formations or the features or conditions which will be hazardous to the safety, health and general welfare of the present or future inhabitants of the subdivision and/or its surrounding area.
(e) Street Design. The arrangement, character, extent, width, grade, construction and location of all streets shall conform to the standards and specifications of the Village Engineer and to Chapters 901 to 905. They shall be considered in their relation to existing and planned streets, so that the entire area can be served with a coordinated public street system. The width of the right of way should be provided so that all underground utilities can be located outside of pavement areas.
(f) Street Classification.
(1) Arterial streets. Major arterial thoroughfares shall be planned for continuation of movement of traffic between points of heavy traffic generation and from one section of the community to another. They shall contain as few intersections with minor streets as possible.
(2) Local streets. Local streets shall provide direct and full access to each lot and shall be laid out so that their use by through traffic will be discouraged. The street system shall be so designed that all proposed streets shall be in general conformity with a plan for the most advantageous development of the entire neighborhood. The streets shall be extended to the boundaries of the tract to be recorded unless prevented by topography or other physical conditions, or unless, in the opinion of the Planning and Zoning Commission, such extension is not necessary nor desirable for the coordination of the layout of the subdivision with the development of adjacent tracts. Dead-end streets or cul-de-sacs shall be approved only when necessitated by topography or other physical conditions or where they are appropriate for the type of development contemplated.
Parallel streets may be required along an existing or proposed major arterial thoroughfare to provide access to lots along such major arterial thoroughfares.
(3) Street right-of-way widths and grades.
Minimum Right-of-Way | Grades by Percent | ||
Classification | Width in Feet | Maximum | Minimum |
Major arterial thoroughfare | 60* | 6 | 0.5 |
Collector, commercial and local streets | 60* | 12 | 0.5 |
* Indicates a minimum ten-foot easement to be adjacent to the proposed right-of-way lines on both sides of the streets. | |||
(4) Half streets. Half streets shall be prohibited except where there is an existing half street adjacent to the subdivision, in which case the remaining half of the street shall be platted.
(5) Cul-de-sac and dead-end streets. Streets designed to be permanent cul-de-sacs shall not be longer than 750 feet and shall be provided at the closed end with a turnaround having an outside pavement radius of at least 37.5 feet and a street right-of-way line radius of at least 62.5 feet with a paving diameter of ninety feet.
If a cul-de-sac is of a temporary nature and a future extension into adjacent land is anticipated, then such turning circle beyond the normal street width shall be in the nature of an easement. Such easements shall be automatically vacated to abutting property owners when the dead-end street is legally extended into adjacent land.
(6) Corner radii. Property lines at street intersections shall be rounded with a radius of not less than twenty-five feet or as required by the Village Engineer.
(7) Horizontal curves. Angles in the alignment of street lines shall be connected by a curve with a radius on the centerline of not less than 300 feet for local streets, 800 feet for collector streets and 1,200 feet for major arterial thoroughfares. Between reverse curves there shall be a tangent at least 100 feet long on major arterial thoroughfares.
(8) Intersections. Streets shall be laid out to intersect as nearly as possible at right angles and no street shall intersect any other street at an angle of less than seventy degrees. In no event shall an intersection containing streets in excess of four legs be considered unless specifically approved by the Planning Commission.
(9) Street centerline offsets (jogs). Street jogs with centerline offsets shall be prohibited unless specifically approved by the Planning and Zoning Commission and Village Engineer.
(g) Easements.
(1) Utility easements. Adequate easements along rear or side lot lines shall be provided for utilities where necessary. A ten-foot easement on each front lot line for utilities is required.
(2) Drainage easements. Where a subdivision is traversed by a drainage way, a storm sewer or drainage easement conforming substantially with the lines of such drainage way shall be provided. The easement shall be a minimum of twenty feet or as the Village Engineer may require.
(3) Utility lines. All utility lines including electric, telephone and cable television shall be located underground wherever possible.
(h) Lots.
(1) Zoning conformance. The lot size, width, depth and the minimum building setback lines shall meet at a minimum the existing Zoning Regulations, except where the Commission and Village Engineer determine the Hillside Protection Regulations apply.
(2) Access to public streets. The subdividing of land whether as major or minor subdivision, shall provide each lot with the required frontage for the district in which it is zoned (fifty, sixty or 100 feet of continuous frontage). For lots which front on a curved street segment, the minimum street frontage required herein shall be reduced in proportion to the degree of curvature. The minimum permitted street frontage for such lots shall be that distance which results from side lot lines drawn as radials of the circle(s) formed from the front lot line. This standard may be reduced by the Planning and Zoning Commission for lots fronting on a permanent cul-de-sac.
(3) Lot lines. Lot lines shall be substantially at right angles or radial to street lines. Lot lines should follow Municipal boundary lines rather than across them.
(4) Minimum lot depth. No lot depth shall exceed four and one-half times the lot width or less than one and one-half times the width unless otherwise approved by the Commission. The lot width shall be measured at the minimum building setback line.
(5) Double frontage lot. A double frontage lot shall be avoided except where essential to provide separation of residential development from major arteries or specific disadvantages of topography.
(i) Public Sites and Open Space. The developer is encouraged to give consideration to preserving outstanding natural features such as scenic spots, water bodies or groves of trees.
(j) Flood Areas and Storm Drain Sewers. In order to protect the health, safety and general welfare of the people, the Planning and Zoning Commission shall reject any proposed subdivision located in an area subject to a hundred year flood as found in the Flood Insurance Rate Maps. If the subdivision is located in an area having poor drainage or other adverse physical characteristics, the Commission may approve the subdivision based on the advice of the Village Engineer, provided the subdivider agrees to perform such improvements as will render the area safe for the intended use. In lieu of improvements, the subdivider shall furnish a surety or certified check covering the cost of the required improvements.
(Ord. 1988-25. Approved by voters 11-8-88.)
1161.06 REQUIRED CONSTRUCTION IMPROVEMENTS.
(a) Standards and Specifications. Standards and specifications for the construction of monuments, curbs, gutters, sidewalks, streetlights, water mains, storm sewers, sanitary sewers and other utility mains, piping and other facilities may be required completed by the Village Engineer.
(b) Guarantee of Installation of Improvements. Required improvements herein shall be constructed prior to the granting of the final plat approval by the Planning and Zoning Commission or the subdivider shall furnish the Commission with a surety or certified check for the amount of the estimated construction cost for the ultimate installation and initial maintenance of all the improvements herein.
(c) Improvements. The improvements required shall be designed by an Ohio registered professional engineer and constructed by the subdivider in accordance with the standards outlined in these Regulations. The work shall be done under the Village Administrator's and Engineer's supervision and inspection and shall be completed within the time fixed or agreed upon by the Village Engineer and Administrator. The minimum requirements for materials shall be in accordance with the standards of the current volume of "Construction and Material Specifications" of the State Department of Transportation and the requirements of the State EPA. All inspection costs shall be paid for by the subdivider.
(d) Performance Guarantee in Lieu of Installation.
(1) Type of guarantees. The developer may execute and file with the Village, financial guarantees in lieu of actual installation or completion of the required improvements concurrently with the application for approval of the final plat. 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 Village.
(2) Terms. The terms of such guarantees shall be determined by Council; 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.
(3) 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, plus fifteen percent (15%) for engineering and legal fees and contingencies. Such costs shall be determined by the Village 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 by the Village Engineer and Administrator.
(4) 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.
(e) Street Maintenance Deposit or Bond.
(1) The developer shall guarantee the construction and materials of the street pavement for a two-year period after acceptance by the Municipality and all other improvements for a twelve-month period after acceptance by the Municipality. In order to secure the guarantee, he shall deposit with the Municipality an amount equal to ten percent (10%) of the total cost of the construction of street improvements in a maintenance fund or furnish a maintenance bond equal to ten percent (10%) of the total cost of the construction of street improvements.
(2) Insurance. The subdivider shall furnish such insurance as is deemed necessary by the Law Director or which has a minimum equal coverage to the insurance the Municipality carries, which shall indemnify and save harmless the Municipality from any and all liability arising by reason of the unimproved conditions of the streets of such subdivision which may arise or grow out of the construction or installment of such facilities when undertaken. The insurance shall be of such duration, amount and form as determined by the Law Director but shall in no case be allowed to expire earlier than the effective period of any maintenance bond. A copy of the insurance policy shall remain at all times with the Clerk of the Municipality.
(3) Permits. The Administrator shall not issue building permits for any structure on a lot in a subdivision for which a plat has not been approved and recorded in the manner prescribed herein.
(f) Failure to Complete Improvements. In the event the developer fails to complete the installation of required improvements according to the terms and conditions of the agreement, the Municipality, upon proper notice, may complete the same and appropriate such necessary portion of the money or bonds posted for the faithful performance of such work. Further, the Village can pursue any and all other legal remedies available, either criminal or civic, for enforcement of the provisions of these Regulations, and to obtain the full cost, administrative and legal, for completing such improvements, or causing them to be completed.
(g) Monuments, Markers and Pins. Permanent concrete monuments shall be accurately set and established at the intersection of all outside boundary lines of the subdivision; at the intersections of those boundary lines with all street lines; at the beginning and end of all curves; at points on the curves where the radius or direction changes; and at such other points as are necessary to establish definitely all lines of the plat, including all lot corners. Stone or concrete monuments shall be at least thirty-six inches long and at least six inches in diameter and shall be provided with an appropriate center point. Solid iron pins or iron pipe monuments at least one inch in diameter and at least thirty inches long may be used at all other points.
(h) Street Improvements. Street improvements shall consist of a hard surface pavement of reinforced Portland Cement concrete pavement or full depth asphalt. They shall have concrete curbs and drain tile on both sides of the pavement.
(i) Street Width. The width of the street shall be twenty-six feet measured from the back of curb to the back of curb and centered in the right of way.
(j) Street Subgrade. Spongy, vegetable or other materials objectionable to the Engineer found in the pavement area below subgrade shall be removed and replaced according to the requirements of the Engineer.
The subgrade area shall be compacted and shall acquire a compaction of ninety-five percent (95%) minimum. The developer shall submit compaction test results by an approved testing company to the Engineer before final approval can be given and any pavement put in place. The subgrade shall be consistent with the elevations and crowns that are called out on the improvement plan.
(k) Street Base Course. The base course for a reinforced concrete pavement shall be three inches thick and shall comply with Item 310 Subbase of the Construction and Materials Specifications of the State Department of Transportation, latest edition. The base course for a full-depth asphalt pavement shall be six inches thick and shall comply with the Item 301 Bituminous Aggregate Base of the Construction and Material Specifications of the State Department of Transportation, latest edition.
(l) Street Surface Course. The surface course for a reinforced concrete pavement shall be seven inches thick and shall comply with Item 451 Reinforced Portland Cement Concrete Pavement of the Construction and Material Specifications of the State Department of Transportation, latest edition. The surface course for a full-depth asphalt pavement shall be two inches thick and shall comply with Item 404 Asphalt Concrete of the Construction and Material Specifications of the State Department of Transportation, latest edition.
(m) Portland Cement Concrete Pavement. A Portland Cement concrete pavement shall be reinforced and have an overall thickness of ten inches of which three inches shall be Item 310 Subbase and seven inches of Item 451 Reinforced Portland Cement Concrete Pavement.
(n) Full-Depth Asphalt Pavement. Full-depth asphalt pavement shall have an overall thickness of eight inches of which six inches shall be Item 301 Bituminous Aggregate Base and two inches of Item 404 Asphalt Concrete.
(o) Street Curbs and Gutters. The reinforced concrete pavements shall have an integral curb and gutter and shall be Type 3-A as called out in standard construction drawings of the State Department of Transportation Page BP-7, latest edition. The full-depth asphalt pavements shall have asphalt gutters and six-inch by eighteen-inch Type 6 concrete curbs as called out in the standard construction drawings of the State Department of Transportation Page BP-7, latest edition.
(Ord. 1988-25. Approved by voters 11-8-88.)
(p) Sidewalks.
(1) Sidewalks shall be constructed on both sides of every publicly dedicated road in a new subdivision. The Planning and Zoning Commission is authorized to grant an exception to the location and construction requirements, upon receipt of a written application for exception by the property owner. The Planning and Zoning Commission, in deciding whether to grant an exception, shall consider the recommendation of the Village Engineer, the unique physical characteristics of the property, the presence of sidewalks in the surrounding area, the availability of alternative means of pedestrian access, and any other factors deemed relevant by the Planning and Zoning Commission. Any person aggrieved by the decision or action of the Planning and Zoning Commission may appeal to the Board of Zoning Appeals within 10 days of such official action. Such an appeal shall be made in conformity with Chapter 1111. Written notice of the appeal shall be served on the Village.
(2) Sidewalks shall be constructed of Portland Cement concrete or sandstone flagging in accordance with Item 608 Walks, Curb Ramps and Steps of the Construction and Material Specifications of the State Department of Transportation and Chapter 903 of the Streets, Utilities and Public Services Code. (Ord. 2011-13. Passed 4-11-14.)
(q) Driveways. Driveways may be constructed of Portland Cement concrete or asphalt concrete. However, all drive aprons shall be Portland Cement concrete, six inches thick and conform to Item 452 Plain Portland Cement Concrete Pavement as called out in the Construction and Material Specifications of the State Department of Transportation, latest edition and a two-inch base course as called out in Item 310 Subbase of the Construction and Material Specifications of the State Department of Transportation, latest edition. If the driveway is to be constructed of asphalt, then the driveway shall have a four-inch subbase conforming to Item 304 Aggregate Base of the Construction and Material Specifications of the State Department of Transportation, latest edition, and a four-inch surface course conforming to Item 404 of the Construction and Material Specifications of the State Department of Transportation.
(r) Street Name Signs and Street Naming. The developer may name streets and shall provide all necessary street signs, but the names and placement of signs are subject to the approval of the Village Administrator and shall satisfy the requirements of the Police Chief and Fire Chief.
(s) Street and Walkway Lighting. The developer shall make provisions with the electric power company to provide the sufficient power and wiring to provide street lighting for the entire subdivision including walkways. The developer shall also provide a street and walkway lighting plan which must be approved by the Village Administrator. The developer shall pay for the installation of such lighting.
(t) Street Trees. Shade trees three inches calipered twelve inches above ground level shall be planted within the rights of way of all roads within and abutting the subdivision. The following regulations govern the planting of trees in subdivisions:
(1) One tree shall be planted for every thirty-five feet of street frontage, exclusive of driveways. Streets abutting side lines of lots shall be considered frontage requirements.
(2) Trees planted shall be of species which are resistant to damage and disease and which do not cause interference with underground utilities and/or street lighting and as approved by the Shade Tree Commission.
(3) All trees shall be properly guyed, wrapped and mulched.
(4) A certification of the date of the tree's planting shall be provided to the Shade Tree Commission. If a tree dies within two years of the planting date, it shall be replaced at the developer's expanse.
(6) Location of all proposed trees shall be shown on the improvement plans or on a separate plan to be submitted with the preliminary plat.
(u) Water Supply Improvements. A suitable public water supply connection shall be provided for each lot in the proposed subdivision. All public water supply improvements including extensions of existing water mains shall be subject to approval by the Village Engineer. The installation of all water mains and appurtenances shall comply with the ordinances and resolutions of the Municipality and the rules and regulations of its Water Department. All new subdivisions shall have water from the Municipal water system and shall comply with Chapter 931 of the Streets, Utilities and Public Services Code.
(v) Fire Protection. Fire hydrants are to be provided at 250-foot intervals or as required by the Fire Chief. All hydrant locations and plans are to be approved by the Fire Chief, the Village Administrator and Chapter 931 of the Streets, Utilities and Public Services Code.
(w) Sanitary Sewer Improvements. Each lot in the proposed subdivision shall be served by a suitable sanitary sewer connection. Sanitary sewer improvements including extensions of existing facilities shall meet all requirements of and be subject to approval by the Village Engineer, Village Administrator and the Ohio Environmental Protection Agency (O.E.P.A.). The sanitary improvements shall be designed and constructed in accordance with the Uniform Rules, Regulations and Standards for the Design and Construction of Sewerage Improvements prepared and accepted by the City of Cleveland, Northeast Ohio Regional Sewer District, Cuyahoga County Sanitary Engineer and the Northeast Ohio Municipal Engineers Association. All new subdivisions shall have their sewage treated at the Chagrin Falls Municipal Waste Treatment Plant.
(x) Drainage Improvements. Each lot in the proposed subdivision shall be served by a suitable storm sewer connection. Storm sewer improvements including extensions of existing facilities shall meet all requirements of and be subject to approval by the Village Engineer. The storm improvements shall be designed and constructed in accordance with the Uniform Rules, Regulations and Standards for the Design and Construction of Sewerage Improvements prepared and accepted by the City of Cleveland, Northeast Ohio Regional Sewer District, Cuyahoga County Sanitary Engineer and the Northeast Ohio Municipal Engineers Association.
(y) Storm Sewers and Storm Water Drainage. A storm sewer system meeting all requirements of the Uniform Rules, Regulations and Standards for the Design and Construction of Sewerage Improvements prepared and accepted by the City of Cleveland, the Northeast Ohio Regional Sewer District, the Cuyahoga County Engineer and the Northeast Ohio Municipal Engineers Association shall be constructed within the proposed subdivision. The following additional requirements shall govern the provision of storm water drainage facilities and improvements not covered in the document referred to above.
(1) All existing watercourses or ditches with a design capacity not exceeding that of sixty-inch concrete pipe as well as any watercourse or ditch having a gradient in excess of two and one-half percent (2.5%) shall be enclosed in a conduit the size and type of which shall be subject to approval by the Village Engineer.
(2) Open ditches shall have a side slope ratio of not less than 3:1 and a minimum bottom width of two feet.
(3) All watercourses or ditches having a gradient of less than twenty-five percent (25%) but more than one and one-half percent (1.5%) shall be sodded or paved with bricks, concrete, half tile or broken concrete slabs or other suitable material.
(4) Any storm drainage course carried along the side lot lines of proposed sublots shall be enclosed with approved pipe along the entire lot depth.
(5) Wherever possible, the Commission shall require the subdivider to provide one or more storm water retention basins or enclosed tanks within the subdivision as a means to control the amount and velocity of runoff occurring during and immediately after a storm. Such retention basins, if required, shall be sized so as to insure that storm water runoff from the tract in a fully developed state does not exceed that from the tract in a predevelopment or undeveloped state for a storm of two-hour duration and ten-year frequency. Calculations of runoff from the tract shall be based upon use of the Rational Method or other method approved by the Village Engineer. Coefficients used in the calculation of storm water runoff shall be as specified in Uniform Rules, Regulations and Standards for the Design and Construction of Sewerage Improvements. All calculations of pre- and post-development storm water runoff as well as the design of the proposed storm water retention basin shall be subject to the approval of the Village Engineer.
(z) Culverts and Bridges. Where natural or man-made watercourses intersect any proposed street right of way, it shall be the responsibility of the applicant to have satisfactory bridges and/or culverts constructed. Where culverts are required, the following minimum requirements shall be observed:
(1) All culverts shall extend across the entire right of way width of the proposed street.
(2) The capacity of all culverts and the material utilized for the culvert shall be determined by the Village Engineer based on individual conditions.
(3) Headwalls shall be required on all culverts.
(4) Where an opening for an eight-inch or larger culvert is on private property, a hard surface easement shall be required.
(aa) Electric, Gas and Telephone Improvements. Electric service, gas, telephone and cable service shall be provided to all lots within each subdivision. All wires, conduits and cables associated with such service shall be placed underground. All utilities shall be inspected by the Village Engineer at the developer's expense.
(bb) Extension to Boundaries. All improvements and utilities are to be extended to the boundaries of a subdivision so that a harmonious connection can be made with developments existing or proposed.
(cc) Inspection of Improvements During Construction. All improvements required herein shall be constructed under the supervision of the Village Engineer. It shall be the applicant's responsibility to contact the Engineer at least forty-eight hours before any construction requiring inspection is to take place. All inspection costs shall be borne by the subdivider.
The developer shall post a cash bond equal to two percent (2%) of the construction cost for the cost of inspection. If the inspection costs are more than the cash bond, then the developer is required to make up the difference. If there are moneys remaining at the end of the improvement construction, they shall be returned to the subdivider.
(dd) Final Inspections. Upon completion of all improvements, the subdivider shall request, in writing, a final inspection by the Village Engineer as required under Ohio R.C. 711.091. Such inspection may include core borings and related structural tests with respect to paving improvements. Such inspections shall include an internal pipe inspection of sanitary and storm sewers, two photography, television and hydrostatic tests, the first immediately following installation and the second internal pipe inspection at the discretion of the Village Engineer. With respect to sewer improvements, these inspections shall be completed at the developer's expense.
(Ord. 1988-25. Approved by voters 11-8-88.)
1161.07 REVISIONS; ENFORCEMENT.
(a) Recording of Plat. No plat or any subdivision shall be recorded by the County Recorder or have any validity until such plat has received final approval in the manner prescribed in these Regulations.
(b) Revision of Plat After Approval. No changes, erasures, modifications or revisions shall be made in any plat of a subdivision after approval has been given by the Planning and Zoning Commission and endorsed in writing on the plat, unless such plat is first resubmitted to the Commission.
(c) Sale of Land Within Subdivisions. No owner or agent of the owner of any land located within a subdivision shall transfer or sell any land by reference to, exhibition of or by the use of a plat of the subdivision before such plat has been approved and recorded in the manner prescribed in these Regulations. The description of such lot or parcel by metes and bounds in the instrument of transfer or other documents used in the process of selling or transferring shall not exempt the transaction from the provisions of these Regulations.
(d) Schedule of Fees, Charges and Expenses. Council shall establish a schedule of fees, charges and expenses, and a collection procedure for same, and other matters pertaining to these Regulations, as stated in Section 1109.08. The schedule of fees shall be posted in the office of Village Clerk and may be altered or amended only by Council. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal.
(e) Variances. Chapter 1111 shall be adhered to in the regulation of subdivision appeals and variances.
(f) Appeal. Any person who believes he has been aggrieved by the Regulations or the action of the Planning and Zoning Commission has all the rights of appeal as set forth in Chapter 1111.
(g) Separability. If, for any reason, any clause, sentence, paragraph, section or other part of these Subdivision Regulations should be decided by a court of competent jurisdiction to be invalid, such judgment shall not affect the validity of these Subdivision Regulations as a whole, or any part thereof, other than the part so held to be invalid.
(Ord. 1988-25. Approved by voters 11-8-88.)
1161.08 ENACTMENT.
These Regulations shall become effective from and after the date of their approval and adoption by the Planning and Zoning Commission and Council after public hearing and certification to the County Recorder. Henceforth, any other regulations previously adopted by the Planning and Zoning Commission shall be deemed to be repealed. These Regulations shall in no way affect any subdivision having received preliminary approval prior to the effective date provided, however, that no changes to the preliminary plat, as approved, are introduced by the subdivider.
(Ord. 1988-25. Approved by voters 11-8-88.)
1161.09 SUBDIVISION PROCEDURES.
(a) Preapplication sketch review with Village Administrator.
(Ord. 1988-25. Approved by voters 11-8-88.)
(b) Preliminary Plat.
(1) Applicant shall submit eight copies of the preliminary plat and supplemental information as listed in Section 1161.04(d), (e) and (f) to the Village Administrator. The Administrator shall file the preliminary plat after he/she has determined it is complete. When it is found complete and the filing fee and required deposit is paid, the preliminary plat shall be stamped, dated and the thirty-day review period shall begin (unless an extension is agreed upon).
(2) A deposit shall be made for services performed by the Municipal Engineer, Planning Consultant and Law Director and any other professionals engaged to assist in the evaluation of the plat. The initial amount of the deposit shall be twenty thousand dollars ($20,000), that shall be made at the time the preliminary plat is filed. Expenses paid from such deposit shall be approved by the Administrator, and the applicant shall be responsible for all Village costs incurred in processing and evaluating the plat. If the deposit is depleted, the Administrator shall determine the amount of an additional reasonable deposit, that the applicant shall make or the application shall be dismissed. Upon final disposition of the application, any portion of the deposit which remains shall be returned to the applicant.
(Ord. 2009-66. Passed 12-14-09.)
(3) Administrator:
A. Notify by first class mail abutting property owners at least ten days before the Planning and Zoning Commission meeting for their information and input. (Ord. 2014-72. Passed 11-10-14.)
B. Forward, for review, copies of the preliminary plat to the Village Engineer and other officials and agencies as may be necessary for the purpose of study and recommendation. Review and make recommendations.
(4) Planning and Zoning Commission.
A. After reviewing reports from officials, a presentation if desired, by the applicant subdivider, and open discussion, the Commission shall determine whether the preliminary plat will be
1. Approved.
2. Approved with modifications.
3. Disapproved, and why.
B. If the Commission approves the preliminary plat, the chairperson signs all eight copies and returns one to the subdivider for compliance with final plat approval requirements.
Approval of preliminary plat shall be effective for a maximum period of twelve months.
C. If approved with modifications, the subdivider shall make revisions and resubmit the plans to the Administrator.
D. If disapproved, the subdivider shall rework plans to meet the requirements of the Subdivision Regulations and submit reworked plans to the Administrator.
(c) Before Initial Construction Work and Before Final Plat:
Applicant shall provide:
(1) A guarantee of installation of improvements to equal ten percent (10%) of the total cost of the street improvements and/or
(2) A financial guarantee with a surety or certified check for the amount of the estimated construction cost for ultimate installation and initial maintenance of all improvements in lieu of actual installation. The terms of the guarantee shall be set by Council. The Village Administrator and Village Engineer shall approve the payment as set by the Village Engineer. (Section 1161.06) File with the Village Clerk's office.
(3) Insurance. As deemed necessary by the Law Director; which has a minimum equal coverage to the insurance the Municipality carries. It shall be of the duration, amount and form as determined by the Law Director, but shall not expire earlier than the effective period of any maintenance bond. A copy shall be filed and remain at the Village Clerk's office.
(4) Inspection of improvements during construction. The subdivider shall contact the Village Engineer at least forty-eight hours before any construction requiring inspection.
(5) Final inspections of improvements by the Village Engineer upon written request of the subdivider.
(d) Final Plat.
(1) Applicant shall:
A. Submit eight copies of the final plat of the subdivision on forms provided by the Administrator, drawings and specifications of the improvements to the Planning and Zoning Commission.
B. Provide certification from the Village Administrator and Engineer that all required improvements have been installed and approved by the Village Engineer and a bond or other surety has been furnished assuring installation and initial maintenance of the required improvements.
(Ord. 1988-25. Approved by voters 11-8-88.)
(2) Planning and Zoning Commission:
A. Shall approve and disapprove the final plat at the next regularly scheduled meeting which occurs ten days or more after official acceptance of the application by the Administrator. The Commission shall make its final determination no later than forty-five days after the date of its required initial consideration.
B. If disapproved, the reasons shall be forwarded to the subdivider and stated in the Commission's record. The subdivider shall make the necessary corrections and resubmit the final plat within thirty days to the Commission for its final approval.
C. If approved, the Commission shall refer the final plat to Council for acceptance of dedication of any street, utilities in the right of way or open place.
(e) Recording of Plat: After approval by the Commission and Council, signed, stamped and dated and all necessary certifications received, the original tracing shall be returned to the subdivider for filing with the County Recorder's office. The original tracing is then permanently filed with the Village Clerk's office.
(f) Sale of land within the subdivision is prohibited until the final subdivision plat has been approved by the Commission and recorded with the County.
(Ord. 1988-25. Approved by voters 11-8-88.)
1161.99 PENALTY.
The following penalties shall apply to the violations of these Regulations:
(a) Whoever violates any rule or regulation adopted by Council for the purpose of setting standards and requiring and securing the construction of improvements within a subdivision or fails to comply with any order pursuant thereto is creating a public nuisance and the creation thereof may be enjoined and maintenance thereof may be abated by action at suit of the Municipality or any resident thereof. Whoever violates these Regulations shall be guilty of a misdemeanor of the first degree.
(b) Whoever, being the owner or agent of the owner of any land within the Village, leases or transfers any lot, parcel or tract of such land from or in accordance with a plat of a subdivision before such plat has been recorded in the office of the County Recorder, shall forfeit and pay the sum of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) for each lot, parcel or tract of land so sold. The description of a lot, parcel or tract by metes and bounds in the deed or transfer shall not serve to exempt the seller from the forfeiture provided in this section. Such sum may be recovered in a civil action brought in the Court of Common Pleas of Cuyahoga County by the legal representative of the Municipality in the name of the Municipality, in addition to any other criminal or civil remedies available under law.
(Ord. 1988-25. Approved by voters 11-8-88.)
CODIFIED ORDINANCES OF CHAGRIN FALLS