A "subdivision" has been previously defined in this document as the division of a parcel of land into two or more lots for the purpose of transferring ownership or construction of a building. If a new street is being built, any division of land is a subdivision.

All land subdivisions developed, redeveloped, or constructed within the City of Cleveland shall comply with the provisions of these regulations.

It shall be unlawful for any person, firm or corporation to lay out for the purpose of selling, or offering for sale, a tract or parcel of land within the City of Cleveland into two or more building sites without first having the tract or parcel of land surveyed and platted by a Licensed Professional Engineer or Licensed Land Surveyor. Also the plat of the proposed subdivision must be submitted to the Planning Commission and Plan Review Committee for their evaluation and recommendation to the Mayor and Board of Aldermen. After approval by the Mayor and Board of Aldermen of Preliminary and Final versions of the proposed subdivision plat, the approved Final Plat shall be recorded as provided by law with said Professional Engineer's or Surveyor's signature and seal.

All proposed subdivisions shall conform to the Cleveland Comprehensive Plan, Zoning Ordinance and other regulations such as building codes, in effect at the time of submission to the Planning Commission. All highways, streets, and other features of the Comprehensive Plan shall be platted by the subdivider in the location and to the dimensions, if any, indicated by the Comprehensive Plan, Zoning Ordinance, and other regulations.

Where community or public facilities of the Comprehensive Plan are located in whole or in part of a proposed subdivision, the public board, commission, or body having jurisdiction and/or financial responsibility for the acquisition of such facility or facilities shall execute a written option to acquire by purchase, file suit for condemnation, or relinquish the location of such facility or facilities. Provided further, however, the option to acquire must be exercised and fully consummated within twelve (12) months following the date of the recording of the final plat.

No final plat of land within the force and effect of an existing zoning code, building code, or other official code, ordinance, or regulation shall be approved unless it conforms to all such regulations.

General subdivision information shall describe or outline the existing conditions of the site and the proposed development as necessary to supplement the drawings required below. This information may include data on existing covenants, land characteristics, and available community facilities and utilities, and information describing the subdivision proposal such as number of residential lots, typical lot width and depth, price range, business areas, playgrounds, park areas, and other public areas, proposed protective covenants and proposed utilities and street improvements.

No building or structure, or any portion thereof, shall be constructed within the limits of special flood hazard areas inundated by the 100-year flood, as identified in the applicable Flood Insurance Rate Map distributed by the Federal Emergency Management Agency, unless the lowest floor elevation of the building or structure is higher than, or is raised by filling to, an elevation at least to or higher than the Base Flood Elevation. The applicant shall conduct on-site topographic surveys to locate the precise floodplain line on the subject parcel. Any structure placed within the floodplain shall be anchored firmly to prevent floodwaters from carrying it downstream.

No building or structure shall be erected, structurally altered, or added to, until a building permit has been issued by the City of Cleveland. All building permit applications shall be in accordance with the requirements of this ordinance, and no building permits shall be issued unless it conforms to all regulations. No building permit shall be accepted or processed until and unless the property where the proposed building will be situated has been given Preliminary and Final subdivision Plat approval and the approved Final Plat has been properly recorded.

In consideration of acceptance by the City of Cleveland and the assumption of the responsibility for maintaining the utilities and streets constructed therein, the owner or owners of the subdivision shall cause to be constructed where required by the Governing Body and at no expense to the City, the following improvements according to the specifications set forth in this Article and the specifications of the Building Official, the City Engineer, or other authorized staff of the City of Cleveland. Design and supervision of work shall be conducted and acknowledged by a Licensed Professional Engineer. After acceptance of the subdivision by the City, following the required period of maintenance by the developer, all such improvements shall become property of the City and the plat shall so state.

Prior to the installation of paving, easements for the installation of gas mains, telephone and television cable and electric lines shall be granted and such of said utilities as go beneath pavement shall have been installed by the respective parties to insure no cutting of pavement. If such improvement installation is required after the pavement is installed, then those improvements will be installed in a manner that does not require cutting of, or other damage to, the pavement.

Prior to the sale of any subdivision lots or the recording of the Final Plat, the sub-divider shall furnish a Surety Bond or Maintenance Bond in the amount of the estimated cost of construction for any and all work that is not fully completed, guaranteeing the faithful performance of all covenants, stipulations and agreements regarding construction, and guaranteeing the work against the incorporation of faulty materials or poor workmanship for a period of one (1) year after the date that construction was certified as complete by the City Engineer. The bond shall be held for a period of at least one (1) year before being released by the Governing Authority upon recommendation of the City Engineer.

Survey monuments shall be placed at all corners or changes of alignment along the boundary of the subdivision and at all block corners, angle points, or points of curves in street right-of-way boundary lines and at all lot corners in alignment in lot boundaries. These monuments shall consist of iron pipe of not less than one-half (½) inch in diameter and not less than twenty-four (24) inches in length or steel rod of not less than three-eighths (3/8) inch diameter and not less than twenty-four (24) inches in length.

Should conditions prohibit the placing of monuments on the property line; offset marking will be permitted; provided, however, that exact offset courses and distances are shown on the subdivision plat. Iron pipes or steel rods shall be set at all lot corners. If survey monuments are removed during construction, they shall be replaced.

The lengths, widths and shapes of blocks shall be designed with due regard to:

a.

Provision of adequate building sites suitable to the special needs of the type of use contemplated.

b.

Zoning requirements as to minimum lot sizes, setbacks, required yards, and required buffers.

c.

Needs for convenient access, circulation, control and safety of street traffic.

d.

Limitations and opportunities of easements or topography.

As a usual practice blocks shall be generally rectangular. Block lengths shall not exceed one thousand (1,000) feet or be less than four hundred (400) feet. Blocks shall normally be wide enough to allow two (2) tiers of lots of appropriate depth.

The Governing Body, following consultation with the Planning Commission and Plan Review Committee may elect to make exceptions for block design in particular cases.

The lot size, width, depth, shape, orientation, and the minimum building setback lines shall be appropriate for the location of the subdivision and for the type of development and use contemplated.

Lot dimensions shall conform to the requirements of the zoning portion of this ordinance and as approved by the Planning Commission or Governing Body.

The minimum size of residential lots where a public sanitary sewer is not available shall be determined by the Governing Body after studies have been made of the soil condition existing on the site of the proposed subdivision and upon recommendations of the City Engineer with the approval of the Mississippi State Health Department.

Depth and width of properties reserved or laid out for commercial and industrial purposes shall be adequate to provide for off-street service and parking facilities required by the type of use and development contemplated on the site.

All new developments in Cleveland shall be part of a subdivision and shall be assigned to a platted lot and numbered. There shall be no "leftover" lots or land created by "default" through being omitted or excluded from a subdivision.

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

The subdividing of the land shall be such as to provide, by means of a public street, each lot with satisfactory access to an existing public street.

Double frontage and reverse frontage lots should be avoided except where essential to provide separation of residential development from traffic arteries or to overcome specific disadvantages of topography and orientation.

Corner lots and double frontage lots shall have access from only one (1) street. This shall be the street inside the subdivision, a local road and not an arterial. This shall be noted on the subdivision plat.

Side lot lines shall be substantially at right angles or radial to street right-of-way lines.

All lots or spaces intended for permanent detention area, common areas, parks, drainage paths, or other open spaces shall be designated as such on the Preliminary and Final Plat with a note that states how these spaces will be maintained and that these areas will not be developed.

Streets shall be designed and constructed in conformance with the design standards set forth in this ordinance, the Future Transportation Plan portion of the Comprehensive Plan, and/or as specified by the Plan Review Committee, and approved by the Governing Body.

The arrangement, character, extent, width, grade, and location of all streets shall conform to the Future Transportation Plan portion of the Comprehensive Plan and shall be considered in their relation to existing and planned streets, to topographical conditions, to public convenience and safety, and in their appropriate relation to the proposed uses of the land to be served by such streets.

Where such is not shown in the Future Transportation Plan portion of the Comprehensive Plan, the arrangement of streets in a subdivision shall either:

a.

Provide for the continuation or appropriate projection of existing principal streets in surrounding areas; or

b.

Conform to a plan for the neighborhood reviewed by the Planning Commission and the Governing Body to meet a particular situation where topographical or other conditions make continuance or conformance to existing streets impracticable.

Such a neighborhood plan shall be prepared by the subdivider or developer and shall be approved by the Plan Review Committee and Planning Commission. Street stubs to adjacent, undeveloped properties shall be required to ensure adequate future circulation. Any time that a street terminates at the edge of undeveloped property there is the intent to extend the street when the property develops. In such cases, a cul-de-sac or other approved turn-around is required.

Minor streets shall be so laid out that their use by through traffic will be discouraged. But, the city's general grid system shall be continued and encouraged so as to allow multiple options for traffic trips inside the city.

Where a subdivision abuts or contains an existing or proposed arterial street direct driveway access to the arterial shall be minimized for adequate protection of residential properties and to afford separation of through and local traffic. Residential subdivisions shall require reverse frontage extra deep lots with a non-access reservation strip along the rear property line. This non-access strip shall be a landscaped buffer zone. Other special design may be considered for the subdivision including rear access service alleys. Commercial or industrial subdivisions may be allowed to access the arterial in a limited manner or may be designed to create a limited access frontage road. The commercial or industrial development may be allowed to face the arterial and "front" the arterial or frontage road, or it may have a reverse frontage lot with landscaped buffer as described for residential lots. The preferred access to all lots that are adjacent to an arterial street is through a side road.

Where a subdivision borders on or contains a limited access highway right-of-way (ROW) or railroad right-of-way (ROW), the subdivision may be designed to require a street approximately parallel to the ROW at a distance suitable to allow for the land to be appropriately used on both sides. Such distances shall also be determined with due regard for the requirements of approach grades and future grade separations.

Street segments that do not intersect directly across from one another, but where there is an "offset" or "jog" of the street continuation, centerline offsets of less than one hundred twenty-five (125) feet apart shall be avoided.

Streets shall be laid out so as to intersect as nearly as possible at right angles, and no street shall intersect any other street at less than sixty (60) degrees unless approved by the Plan Review Committee.

Property lines at street intersections shall be rounded with a radius of twenty (20) feet on a minor street and twenty-five (25) feet on a collector, or major street. The Plan Review Committee may require comparable cutoffs or chords in place of rounded corners. A comparable chord shall be considered a chord or line connecting the points of tangency of the radius it is replacing.

A tangent of at least one hundred (100) feet shall be introduced between reverse curves on arterial and collector streets.

When connecting street lines deflect from each other at any one point by more than ten (10) degrees, they shall be connected by a curve with a radius sufficient to insure an adequate sight distance for minor and collector streets, or of such radii as the Plan Review Committee shall determine for special cases:

Half streets shall be prohibited, except where essential to the reasonable development of the subdivision in conformity with the other requirements of these regulations and where the Plan Review Committee finds it will be practical to require the dedication of the other half when the adjoining property is subdivided. Wherever a half street is adjacent to a tract to be subdivided, the other half of the street shall be platted within such tract and two full lanes of pavement shall be required on the developing property.

Culs-de-sac or "dead-end" streets, designed to be so permanently, shall be of such length as may be deemed necessary and adequate by the Plan Review Committee, and shall be provided at the closed end with a turn-around having an outside roadway diameter of at least one hundred ten (110) feet.

No street names shall be used which will duplicate or be confused with names of existing streets. Street names shall be subject to the approval of the Governing Body.

Street signs shall be placed by the developer at time of construction of the subdivision and then become the responsibility of the City.

Street grades shall be approved by the City Engineer. Care shall be exercised in construction of curb and gutter to insure proper drainage, when such improvements are required.

Street Trees: Trees will be permitted within street boundary lines with right-of-way width of at least sixty-four (64) feet. Street trees will not be permitted within seven (7) feet of the center line of any public storm or sanitary sewer. Trees of a type not exceeding fifty (50) feet in height and with a trunk diameter not in excess of thirty (30) inches at a point two (2) feet above the ground level at maturity will be permitted when planted at not less than fifty (50) feet intervals.

Lawn grasses will be permitted within the right-of-way boundary of an intersecting street. All planting strips shall be graded and sod or seeded with Bermuda, St. Augustine, Zoysia or similar grasses. Any planting other than lawn grasses within boulevard rights of way and/or median strips must be approved by the Plan Review Committee.

Street Sight Distance: No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between two and one-half (2.5) feet and ten (10) feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points twenty-five (25) feet from the intersection of the street lines, or in the case of a rounded property corner from the intersection of the street lines extended. The same sight line limitations shall apply on any lot within ten (10) feet from the intersection of a street property line with the edge of a driveway pavement of alley boundary.

Street right-of-way widths and pavement widths, unless otherwise determined by the Governing Body, shall be as follows:

All pavement or surfacing designs must be approved by the City Engineer before any construction is undertaken to insure adequate design for the existing soil conditions and proposed use to which it is subjected.

To attain purposes of the Future Transportation Plan as contained in the Comprehensive Plan, the City may require that certain streets serving a subdivision be constructed to higher standards than would be necessary to serve the particular subdivision. When higher standards are so imposed, the City may assume a proportionate share of the increased cost of construction. Such cost shall not exceed the difference between that required for construction of the minimum street capable of adequately serving the subdivision and the cost of street construction imposed by the City, as determined by the City Engineer.

Where off-site roadway or utility improvements are required as a result of the proposed development, those improvements shall be the responsibility of the applicant, and shall be constructed or installed prior to any final inspection.

Streets to be constructed for the development of a subdivision or extension of any road within the City of Cleveland shall conform to the following specifications. This includes all grubbing, grading, laying of sub-base, base, pavements, curbs and gutters, culverts, bridges, storm sewer mains and structures. Design and supervision of work shall be done by a Licensed Professional Engineer.

Sub-Bases. Where any excavation and stripping of soil for roadbed construction, the sub-base shall be compacted to ninety-five (95) percent of maximum density by standard proctor prior to any base material being placed for compaction. Adequate test shall be taken to cover the project area. All tests shall be performed by a certified testing lab and results shall be reported to the Project Engineer and City Engineer prior to any further construction.

Base. A layer of four (4) inch topping material shall be placed on the sub-base and compacted to ninety-five (95) percent of maximum density by standard proctor. Topping material may be a sandy-loam material or may be a SB-2 limestone base. Adequate test shall be taken to cover the project area. All tests shall be performed by a certified testing lab and results shall be reported to the Project Engineer and City Engineer prior to any further construction.

Reinforced Concrete Pavement. Pavement for all roads and streets shall consist of 6″ reinforced concrete, unless otherwise approved by the Planning Commission and Board of Aldermen. Pavement shall conform to the Mississippi Standard Specifications for Road and Bridge Construction for concrete pavement. All pavement shall be constructed of Class PA concrete as specified. The mix design shall be submitted to the Project Engineer and City Engineer prior to the placement of concrete. Concrete shall be batched and supplied by a State Certified Batch Plant. Proof of certification shall be submitted to the Project Engineer and City Engineer prior to construction. Concrete being placed for pavement shall be tested by a certified testing lab to certify it meets minimum standards set forth in the specifications. Concrete cylinders shall be made so that a seven (7) day, fourteen (14) day and a twenty-eight (28) day break may be made. Reports shall be delivered to the Project Engineer and City Engineer in a timely manner.

Reinforcing Steel. Reinforcing steel shall be supplied and placed by the contractor as set forth in the attached Standard Details. All reinforcing steel shall meet the requirements of Section 711-Reinforcing Steel of the latest edition of the Mississippi Standard specifications for Road and Bridge Construction and Section 501-Reinforcing Steel (Placement). Notification shall be given to the Project Engineer and the City Engineer twenty-four (24) hours prior to placement of concrete for inspection purposes.

Construction. All plans and specifications shall be submitted to the Plan Review Committee for approval prior to any construction being performed. All construction work shall be performed by a contractor who is licensed by the State Board of Contractors for each particular area of the development. Any of the above listed specifications that are not adhered to shall cause the project to not be accepted by the City of Cleveland for maintenance and is considered to be a violation of this Ordinance.

Alleys shall be provided in commercial and industrial districts, except that the Governing Body, following consultation with the Planning commission, may elect to waive this requirement where other definite and assured provision is made for service access, such as off-street loading, unloading and parking consistent with and adequate for the uses proposed.

The right-of-way width of an alley in commercial and/or industrial sections shall be a minimum of twenty-five (25) feet. Where alleys are used in residential areas, the right-of-way width shall be a minimum of twenty (20) feet. Pavement width shall be approved by Plan Review Committee. Any new alley proposed as part of a new development shall be paved with concrete or asphalt meeting the minimum standards as defined by the City Engineer unless otherwise approved by the Planning Commission and Board of Aldermen.

Alley intersections and sharp changes in alignment shall be avoided, but where necessary, corners shall be cut off sufficiently to permit safe vehicular movement.

Dead-end alleys shall be avoided where possible, but if unavoidable, shall be provided with adequate turn-around facilities at the dead-end as determined by the Plan Review Committee.

Where constructed, sidewalks shall be five (5) feet wide and constructed of concrete and shall be located within the street right-of-way. Sidewalk materials should blend with the natural landscape, avoiding slick concrete. Examples of acceptable finishes are broom finished, colored, or exposed aggregate concrete. Asphalt sidewalks are prohibited.

ADA access ramps, complying with the requirements of Federal law, shall be provided for both sidewalks adjacent to public streets, as well as sidewalks provided internally within the development.

Pedestrian crosswalks shall be provided both internally and externally to the development where deemed essential to provide circulation or access to schools, playgrounds, shopping centers, transportation, and other community facilities. Public crosswalks, not less than ten (10) feet wide, shall be striped in conformance with the latest edition of the Manual on Uniform Traffic Devices. Crosswalks on private property, internal to the site, shall either be delineated by white, reflectorized pavement striping or may be delineated by materials of a different color and texture from the surrounding parking lot, otherwise conforming to the overall color scheme of the development with added signage denoting crosswalk areas.

Easements across lots or centered on rear or side lot lines shall be provided for utilities where necessary and shall be at least twelve (12) feet wide at ground level with an additional six (6) feet wide over-hang on each side from twelve (12) feet above ground and up or a width designated by the Plan Review Committee.

Where easements intersect or short changes in alignment are necessary, corners shall be cut off sufficiently to permit equipment access. The minimum chord will be the chord of a segment having a minimum radius of ten (10) feet.

No structures, trees, shrubs, or buildings will be permitted in easements.

Any overhanging limbs, shrubbery, or vegetation of any kind may be removed from within the limits of easements at the sole discretion of the maintenance personnel of the utilities installed or to be installed in or above the easements.

Every easement shall terminate at both ends upon a street, alley, or other easement, except that dead-end easements will be permitted if not more than one hundred fifty (150) feet in length with no turns or bends.

Where a subdivision is traversed by a water course, drainage way, channel or stream, there shall be provided a storm water easement or drainage right of way conforming substantially with the lines of such water course or an accepted canal or drainage course, and such further width or construction, or both, as will be adequate for the drainage purposes as determined by the Plan Review Committee. Parallel streets or parkways may be required in connection therewith.

Where a sewer is not constructed in a dedicated public street, road, or alley, an easement not less than twenty (20) feet in width for the construction, operation and maintenance of the sewer shall be established in the name of the City of Cleveland.

Grading and centerline gradients shall be in accordance with plans and profiles approved by the City Engineer.

Areas to be graded by cutting or filling shall be rough graded to within 0.2 of a foot of the accepted elevation after necessary allowance has been made for the thickness of topsoil, paved areas, and other installations.

Final cross sections and profiles of streets and other installations shall conform to grades approved by the City Engineer. The profiles shall be drawn to a standard scale; elevations shall be based on Mean Gulf Datum. Two (2) reproducible copies of all as-built construction drawings shall be furnished to the City Engineer and Director of Public Works upon completion of various improvements within the subdivision.

In all zoning districts, the lowest floor elevation in all new construction shall be a minimum of six (6) inches above the crown of the road that the lot has frontage on.

Grading shall be continued until the area conforms to the lines, grades, slopes and typical cross sections shown on the accepted plans.

Temporary soil erosion shall be minimized through the retention of natural vegetation and topography continuously until the completion of the project. The period of construction shall be of a duration reasonable to the size and complexity of the development. Topsoil shall be retained upon the site and placed over landscaped areas at a depth of not less than six (6) inches. The required development plan shall include an erosion control plan. The methods utilized and the minimum standards for care of the area during construction shall be in conformance with the requirements of the City of Cleveland.

All timber, logs, trees, brush, vegetable matter and other rubbish shall be removed so as to leave the areas that have been disturbed with a neat and finished appearance. All tree stumps, masonry and other obstructions shall be removed unless otherwise approved by the Plan Review Committee.

Buildings and improvements shall be located on the site to minimize changes to the existing topography and the loss of existing, mature landscaping. All existing trees eight (8) inches or larger in diameter shall be reflected on the Development Plan, and where they are proposed to be removed, justifications shall be provided.

Areas of natural vegetation shall be preserved along property lines where possible, including fence rows and drainage ways, and should be incorporated into the site's overall design concept.

Erosion control measures shall be in place before any major grading work is done. Installation of all improvements shall be done in such a manner as to provide for the most effective control of erosion and sediment. The construction plan shall be accompanied by an erosion and sediment control plan. Practical combination of the following technical principles shall be used:

a.

The smallest practical area of land shall be exposed at any one time during development.

b.

When land is exposed during development, the exposure shall be kept to the shortest practical period of time.

c.

Temporary vegetation or mulching shall be used to protect critical areas exposed during development.

d.

Sediment basins (debris basins, desilting basins, or silt traps) shall be installed and maintained to remove sediment from runoff waters of land undergoing development.

e.

Provisions shall be made to effectively accommodate the runoff caused by changed soil conditions during and after development.

f.

Permanent final vegetation and structures shall be installed as soon as practical in the development.

g.

The development plan shall be fitted to the topography and soils so as to create the least possible erosion.

h.

Whenever feasible, natural vegetation shall be retained and protected.

When the sub-divider submits the Final Plat of the subdivision to be dedicated, he shall also submit plans showing the proposed storm drainage system.

Drainage improvements constructed for new developments shall maintain any natural watercourse, shall not deter the natural drainage patterns, and shall prevent the collection of water in any low areas. Where the subject property is impacted by a surface drainage ditch, creek, river, or other waterway, the banks of the waterway will be stabilized as directed by the Plan Review Committee.

Wetlands, which are important to storm water retention, shall be maintained. The elimination of wetland areas upon the site, and the mitigation required for such elimination, shall be governed by the U. S. Army Corps of Engineers.

The drainage plan will show location and size of pipes and ditches, manholes and catch basins, culverts with headwalls and aprons for same, and bridges with plans for same approved by the Plan Review Committee, contours of the project, street layout and lot pattern with lot numbers. The drainage plan will also show the invert elevations, grade and the drainage area contributory to each drainage pipe or channel, including off-site areas.

Design and supervision of work shall be done by a qualified Licensed Professional Engineer in accordance with standard specifications of the City Engineer of the City of Cleveland.

The rate of Post-development drainage and storm water runoff shall not exceed pre-development levels. This shall be shown and attested to on the construction and drainage plans by the developer's engineer. Large developments shall provide on-site temporary and permanent storm water storage facilities.

Storm water entry and discharge points shall be protected to minimize erosion and to avoid relocating a problem to upstream or downstream properties.

In order to minimize storm water runoff, the amount of the site in impervious surface, such as roofs and pavement, should be minimized. The maximum impervious surface for any individual site shall not be greater than seventy-five (75) percent of the property.

No project shall cause downstream properties, water courses, channels, or conduits to receive storm water runoff from the proposed project at a higher peak flow rate than would result from the same storm event occurring over the site of the proposed project with the land in its natural, undeveloped condition. Where downstream conditions would be overtaxed by runoff from present or planned developments, and where runoff cannot be absorbed upon the site, detention areas shall be created to slow runoff. All storm water storage facilities shall be designed with sufficient capacity to accommodate all runoff caused by the project in excess of the runoff which would have resulted from the site left in its natural, undeveloped state. The storage capacity of all storage facilities shall be sufficient to store one hundred fifteen (115) percent of the excess flow, in each watershed, which would result from a twenty-five (25) year storm of twenty-four (24) hour duration.

All storm drainage systems shall be designed and constructed in accordance with the rainfall and runoff data in current use by the City Engineer and subject to the approval of the City Engineer. The Governing Body reserves the right to require that main sewers or canals be designed to handle storms occurring on an average frequency of twenty-five (25) years when engineering studies indicate such to be advisable. The Governing Body reserves the right to prohibit the filling of low-lying areas and to zone such areas for uses that would not be damaged by short duration flooding, where the estimated economic gains such areas might produce is not substantially greater than the cost of providing adequate storm drainage and other required improvements and services.

The cost of such work shall be borne by the sub-divider or developer. After these improvements have been constructed to the City's standards, and maintained for the specified period, all such improvements shall become the property of the City of Cleveland.

Whenever the Plan Review Committee deems it appropriate and necessary, in keeping with and in facilitating development of the Comprehensive Plan, the sub-divider may be required to install drainage structures in excess of those required to adequately serve the sub-division. In these cases, the City may reimburse the sub-divider for the difference in cost between the drainage facilities actually needed in the sub-division and the cost of the drainage facilities necessary to provide for planned future development.

Public water shall be supplied to the site by the City in accordance with their established policies concerning construction and financing. The on-site water supply system shall be constructed by the developer and shall be adequate to supply the requirements of the subdivision for domestic use and fire protection in accordance with the standards of the State Rating Bureau. The cost of pipe sizes in excess of those required to actually serve the Subdivision may be borne by the City of Cleveland.

Design and supervision of work shall be done by a qualified Licensed Professional Engineer in accordance with standard specifications of the City Engineer of the City of Cleveland.

The Sanitary Sewer system for the City of Cleveland is administered by the Director of Public Works and the City Engineer, or their authorized representative under the Sewer User ordinance of the City of Cleveland. All property inside the City of Cleveland is required to make use of the sanitary sewer and wastewater treatment system if it is available.

Sanitary sewers shall be constructed to provide a minimum of one (1) four (4) inch connection at the street boundary line for each lot or parcel of record and shall be so designed and constructed as to form an integral part of the sanitary disposal system of the City in conformity with the Comprehensive Plan and in accordance with current specifications of the City Engineer.

Minimum pipe size allowed shall be eight (8) inches in diameter, except where a line shall provide service for no more than four single family residences and shall not exceed one hundred fifty (150) feet in length. In such cases, a six (6) inch pipe may be used. A minimum service connection of four (4) inches for one (1) single family dwelling and a minimum service connection of six (6) inches for two-family dwellings or more shall be required.

Sanitary manholes shall be spaced at intervals not to exceed four hundred (400) feet and at each junction or change in alignment.

Design and supervision of the work shall be done be a Licensed Professional Engineer.

Prior to the assumption by the City of the maintenance of the sanitary sewer system, the sub-divider shall convey title of the system to the City.

When any of the sanitary sewers within a proposed subdivision or sewers necessary to connect the proposed subdivision with the City sewer system or an outlet acceptable to the City Engineer are so located that portions thereof may be a segment of a sanitary sewer main or fall out, the Plan Review Committee may require the sub-divider to install sewer pipe for that portion of the line which may become a main or outfall sewer of such size as may be necessary to facilitate future expansion of the sanitary sewer system. In these instances, the City may reimburse the sub-divider for the extra cost incurred for installing larger sewer mains. If a sewerage lift station is required to service the subdivision, the cost of said lift station shall be borne by the sub-divider. Should a lift station be required with a greater capacity than that needed to serve the proposed subdivision, the City Engineer may require the sub-divider to install a greater capacity lift station. In these instances, the City may reimburse the sub-divider for the extra cost incurred by installing a greater capacity lift station.

City of Cleveland requirements and policy regarding the construction or extension of storm or sanitary sewers outside the corporate limits of the City which connect to City owned and operated sewers or which the City may, at some future time, be requested to accept for operation and maintenance, shall be as follows:

a.

Any storm or sanitary sewer main, submain, lateral, or service connection or pumping station constructed outside the corporate limits of the City of Cleveland to connect with, and discharge into, a sewer maintained and operated by the City or any department of the City shall be constructed in accordance with these provisions.

b.

Any storm or sanitary sewer main, submain, lateral, service connections or pumping stations constructed outside the corporate boundaries of the City of Cleveland which will not, at the time of construction, be connected to or discharge into the City sewer system, but which the owner or builder may expect the City to accept for operation and maintenance, at some future date, shall be constructed in accordance with these provisions. When, at some future time the City extends its area of responsibility for storm and sanitary sewers to include said sewer or any part thereof, the City may refuse to accept the entire sewer or any portion thereof that it determines to be unsatisfactory because of inadequate size, improper design, inaccessible location, or inferior materials or workmanship in construction. Further, the City may replace such sewer or part thereof that it considers unsatisfactory, and assess the cost of such replacement against the property benefited in accordance with the provisions of Chapter 495 of the Laws of Mississippi of 1950 as amended.

c.

Design and construction—Improvements shall be designed by and constructed under the supervision of a Licensed Professional Engineer.

d.

All design and construction shall be in accordance with the design criteria and specifications in use by the City Engineer at the time such design is accomplished.

e.

All construction described above shall be properly designed and of sufficient size to adequately serve the potential requirements of the entire area not already similarly served.

f.

All construction described above must be inspected during construction by the City Engineer or his authorized representative, and such construction will not conform to the requirements of this policy until the City Engineer or his authorized representative, shall have issued a certificate of acceptance certifying that it conforms to the requirements of the specifications then in current use by the City Engineer for such construction.

g.

Location—Where a sewer is not constructed in a dedicated public street, road, or alley, an easement not less than twenty (20) feet in width for the construction, operation and maintenance of the sewer shall be taken in the name of the City of Cleveland.

h.

Acceptance by the City—At such time as the corporate limits of the City of Cleveland may be extended to include a sewer extension or any part thereof, the portion that was designed and constructed in accordance with the requirements established herein and any other sewer construction within the newly established corporate boundaries shall be considered for adoption by the City. After inspection, all facilities that the City considers satisfactory shall become the property of the City of Cleveland with no cost to the City. The City shall assume responsibility for operation and maintenance of such sewers subject to all statutes, ordinances, rules, regulations, and policy decisions governing the operation of the municipal sewer system, storm or sanitary.

i.

Responsibility for operation and maintenance—Operation, repair, or maintenance of any sewer extension, including all pipe lines, manholes, pumping stations or other appurtenances thereto shall be the responsibility of the party or parties constructing said sewers, and the City of Cleveland does not agree to assume responsibility for any of these functions until such time as the corporate boundaries may be extended to include said sewers.