Conneaut City Zoning Code

TITLE THREE

Subdivision Regulations

APPENDIX A Outline of Procedures

The procedures outlined in this Section are intended only as a guide and do not modify the detailed procedures set forth in Chapter 1159 and other parts of these Regulations:

1. Land Planning and Subdivision regulations are prepared by the Planning Commission and recommended to the Council, and after holding a public hearing the regulations are adopted by Council.

2. Thereafter, subdivisions are reviewed and approved by the Planning Commission in accordance with the adopted regulations and any amendments thereto.

3. The developer, before subdividing, obtains information on or a copy of the regulations, and other applicable codes in affect.

4. For a minor subdivision, the developer prepares a sketch plan and submits it to the Commission. After review, the Commission may give final approval and the subdivision may be recorded and the lots created may be sold.

5. For a major subdivision, the developer prepares a Preliminary Plan in accordance with the Planning Principles, Chapter 1163, submits it to the Commission and applies for approval. After review, the Commission may approve, conditionally approve, or disapprove the Preliminary Plan.

6. The developer, having received approval of a Preliminary Plan of a major subdivision, prepares drawings and specifications for the improvements in accordance with the provisions of Chapter 1167, and a Final Plat of the subdivision in accordance with the provisions of Chapter 1171. He may either,

a. Apply for approval of drawings and specifications of improvements, and after approval construct said improvements and then apply for approval of Final Plat for recording, or,

b. Apply for approval of plans and specifications of improvements and of Final Plat concurrently and furnish performance guarantees for the subsequent construction of the improvements.

7. The Commission may approve the drawings and specifications for improvements; however, it may approve the Final Plat only after the improvements are installed or performance guarantees furnished.

8. After approval, the Final Plat of this subdivision may be recorded by the developer, and he may sell the lots.

9. The developer shall offer for dedication the streets or other public areas, and the Council may accept same.

10. The acceptance of streets and utilities for use and maintenance shall be by separate action of the Council.

APPENDIX B Forms for Final Plat Certifications

The title, certificates and statements of the final plat shall be in accord with the following forms:

Form 1 Title

______________________________________________ Subdivision

(name of)

Part of original tract _______________________________________

__________________________________________________

(city or township)

__________________________________________________

(county)

Form 2 CERTIFICATE OF OWNERSHIP AND DEDICATION

I (we) the undersigned (name lettered) owner (s) of the property shown and described hereon as the subdivision do hereby assent to and adopt this subdivision of the same, and acknowledge that the same was made at our request and do hereby dedicate to public use the street(s) (easements) (parks or other public areas) designated in graphic symbols on this plat.

________________________

(Witness)

(owner) (signature)

(lettered)

_________________________

(owner) (signature)

(lettered)

_________________________

Form 3 ACKNOWLEDGEMENT BY INDIVIDUAL (directly below the above certificate)

State of Ohio) ss.

County of )

Before me, a Notary Public in and for said County and State, personally appeared the above who acknowledged that he, (she, or they) did sign the foregoing instrument and that the same is his (her or their) free act and deed.

IN WITNESS whereof I have hereunto set my hand and official seal at _________________________, _________ this _______ day of ___________ (month), _________(year).

______________________________

Notary Public

My Commission expires _____________________________

Form 4 Certificate of Surveyor

I hereby certify that I have prepared this survey and plat of _________________ subdivision and that the same is correct and accurate.

_____________________, _____ __________________________

Registered Surveyor-Ohio Serial

No. _______________

Form 5 APPROVAL BY PLANNING COMMISSION

This plat of _______________________ subdivision has been approved by the Planning Commission of the City of _____________________, Ohio, by resolution adopted _________________________________.

______________________, ____ ___________________________

Chairman

___________________________

Secretary

Form 6 CERTIFICATE OF THE APPROVAL OF REQUIRED IMPROVEMENTS

I hereby certify that the pavements, utilities and other required improvements for the subdivision herein approved have been designed in accordance with the regulations an standards in effect that I have estimated the cost of materials and construction and performance guarantees in the amount of $______________ , have been posted with the _______________________ to assure completion of all improvements in case of default.

______________________, ____

_______________________________________

City Engineer

Form 6A CERTIFICATE OF THE APPROVAL OF REQUIRED IMPROVEMENTS

I hereby certify that pavements, utilities and other required land improvements for the _________________________ subdivision approved by the Planning Commission on _________________________ have been designed in accordance with the regulations and standards in effect, that I have inspected the installation of the same and find all improvements have been installed in accordance with the drawing and specifications therefor, and that the utilities and pavements are in good repair.

_____________________________, _____

_________________________________

City Engineer

Form 7 ACCEPTANCE OF PUBLIC LANDS BY COUNCIL

The public street (s) (park) (playground) (easements) or (other public areas) as noted hereon in graphic symbols were accepted for dedication by the Council of the City of ______________________, Ohio by Ordinance No. _______________.

____________________, _____ ___________________________

President

___________________________

Clerk

Form 8 ACCEPTANCE OF STREET AND UTILITIES FOR PUBLIC USE

(Separate ordinance -- not included on plat)

The public street (s) accepted heretofore for dedication and the public utilities has (have) been found to be constructed in accordance with the drawing, specifications, and design standards in effect and in good repair, is (are) hereby accepted for public use and maintenance by the Council of the City of __________________, Ohio by Ordinance No. ______________.

____________________, _____ _________________________

President

__________________________

Clerk

Form 9 COUNTY RECORDS

Transferred this _____________ day of ________________, ____.

_________________________________

County Auditor

Recorded in Plat Book ____________, Page No. ____________ this

_____________ day of _______________________, _____.

__________________________________

County Recorder

APPENDIX C Forms for Performance Bonds

Performance Bonds guaranteeing the construction of improvements shall be in the form substantially as follows:

____________________________ Ohio

(City)

PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS

WHEREAS, _________________________________, Principal herein is the owner and developer of the )_________________________ Subdivision located in Ashtabula County, Ohio, and

WHEREAS, the drawings and specifications of said subdivision showing the location, construction and installation requirements for street pavements, curbs, sidewalks, sewers, water mains and other land improvements therein have been filed with the City Planning Commission and by it approved, which drawings and specifications are hereby incorporated herein by reference as if set forth at length and made a part of this instrument, and

WHEREAS, the Principal has obligated himself (or itself) and does hereby agree to complete the construction and installation of all street pavements, curbs, sidewalks, sewers, water mains and all other land improvements in the said Subdivision in accordance with the said drawings and specifications now on file,

NOW, THEREFORE, the ____________________________ the Principal and __________________________________________, as Surety, do hereby firmly bind ourselves, our heirs, executors, administrators and successors unto the City of , __________________ Ohio, in the sum of $_____________ conditioned upon the performance by the Principal of his (or its) undertaking herein, and his (or its) completion of the construction of all the street pavements, curbs, sidewalks, sewers, water mains and all other land improvements to be located within said ______________________Subdivision as required by the drawings and specification therefor, the same to be completed on or before the ______________ day of _____________________________, _____, and upon the completion thereof and their approval by the engineer of the City of ____________________, this obligation to be null and void, otherwise to remain in full force and effect:

WITNESS our hands this the _____ day of _____.

WITNESS:

__________________________________

PRINCIPAL

_____________________________

__________________________________

SURETY

_____________________________

APPENDIX D Form for Resolution Accepting the Dedication of Streets and Approving the Development of the Subdivision

In order to set forth the conditions of approval of the subdivision, the improvements to be installed, performance bonds, acceptance of public lands, the City may pass a resolution substantially in the following form:

WHEREAS, the Developer ____________________________ heretofore on the __________ day of ___________________, _____, applied to the Planning Commission of Conneaut, Ohio, for the approval of a preliminary plan of a subdivision located in ___________________________ and submitted in support thereof maps, plans and other data, all as required by the Land Planning and Subdivision Regulations, adopted by the Council, Ordinance No. _________, date; and

WHEREAS, the Planning Commission reviewed said maps, plans and other data for said subdivision and found that the same complied with said Ordinance Number ___________, thereafter on the _________________ day of , _________________ _____ , the Commission approved said preliminary plan, (on condition that

/State Conditions/

__________________________________________________________

__________________________________________________________)

(If conditional approval)

WHEREAS, the Developer has now complied with each of the conditions of approval as established by the Planning Commission; and

WHEREAS, the Developer has filed on the ____________ day of ________________________, _____, a final plat designated and drawings, specifications and other information for the improvements of the land within said plat as required by the Land Planning and Subdivision Regulations and has requested the approval thereof; and

WHEREAS, the City Engineer has reviewed and approved said final plat and the drawings, specifications and other information relating to the improvements of the land within said plat, each of which are designated as follows:

FINAL PLAT PREPARED BY DATE

_________________________________________________________

DRAWINGS PREPARED BY NUMBER AND DATE

_________________________________________________________

SPECIFICATIONS PREPARED BY DATE

_________________________________________________________

(If improvements not installed)

WHEREAS, the City Engineer has reported to this Council that his estimate of the cost of the completion of the improvements described in said drawings and specifications is $ ________; and

(If improvements not installed)

WHEREAS, the Developer has filed with the Clerk of the Council:

1. Performance Guarantees as described in the Land Planning and Subdivision Regulations in the amount of $ ___________;

2. Liability insurance in the amount required by the Land Planning and Subdivision Regulations;

3. The sum of $___________ as a deposit for the pavement maintenance fund; and

4. The sum of $___________. as a deposit to underwrite the cost of the inspection by the officer or employees of the municipality of the construction and the proposed improvements;

all of which amounts are in accordance with the estimates reported to this Council by the City engineer and required by the Land Planning and Subdivision Regulations; and

_________________________________________________________

(If improvements partially installed alternate form)

WHEREAS, the City Engineer has reported that ____________

(List of Improvements Installed)

_____________________________________________________________

shown on said final plat and described in said drawings and specifications have been satisfactorily completed, and has further reported that his estimate of the cost of the remaining improvements to be installed is $__________; and

(If improvements partially installed)

WHEREAS, the Developer has filed with the Clerk of the Council:

1. Performance Guarantees as described in the Land Planning and Subdivision Regulations in the amount of $ ___________;

2. Liability insurance in the amount required by the Land Planning and Subdivision Regulations;

3. The sum of $_____________ as a deposit for the pavement maintenance fund; and

4. The sum of $_____________ as a deposit to underwrite the cost of the inspection by the officer or employees of the municipality of the construction and the proposed improvements;

all of which amounts are in accordance with the estimates reported to this Council by the City Engineer and required by the Land Planning and Subdivision Regulations; and

(If improvements are completely installed)

WHEREAS, the City Engineer has reported that all of the improvements to the land as shown on said final plat and described in said drawings and specifications have been satisfactorily completed and the Developer has filed with the Clerk of this Council the sum of $__________ as a deposit for the pavement maintenance fund, which amount has been estimated by the City Engineer as required; and

WHEREAS, the Developer by said final plat has offered for dedication for public use certain land for streets, alleys, public grounds and easements, all as shown and described on said final plat;

BE IT RESOLVED by the Council of the City of Conneaut, Ohio, that:

1. The Council of the City of Conneaut, Ohio, hereby accepts and approves the above described final plat, drawings and specifications;

2. The Council of the City of Conneaut, Ohio, does hereby authorize the Developer to proceed with the construction of the improvements to the extent not herein installed in accordance with all the documents by this resolution approved, provided that such work shall be started not less than __________ days from the effective date of this resolution and be completed not later than the ___________ day of ____________________, _____.

3. The final plat of said subdivision be and the same is hereby approved and accepted and that the dedication to the public use of the streets, alleys, public grounds and easements, all as shown thereon, be and the same is hereby accepted and confirmed.

4. The Clerk of the Council be and is hereby authorized to cause said final plat to be recorded with the Recorder of Ashtabula County as provided by law upon the receipt by said Clerk from the Developer of the fees to be paid to effect said recording and upon the delivery to said Clerk of a statement of title guarantee in the amount of $__________________ issued by a title company approved by said Clerk showing title to the streets, alleys, public grounds and easements shown on said final plat to be good in the ___________________ of _________________, free and clear of all encumbrances whatsoever as of the date and hour of the filing of said final plat for record.

(Usual Enacting Clauses)

CODIFIED ORDINANCES OF CONNEAUT

1153.01 TITLE.

These regulations, rules and standards for planning, subdividing and developing land within the City of Conneaut, Ashtabula County, Ohio, including procedures to be followed in the application and administration and penalties for the violation thereof, shall be known, cited and referred to as the Land Planning and Subdivision Regulations.

1153.02 PURPOSE.

The general purpose of these regulations shall be to guide and regulate the planning, subdividing and development of land in order to promote and protect the public health, safety, convenience, comfort, prosperity, and general welfare of the City of Conneaut.

1153.03 OBJECTIVES.

It is intended that the provisions of these regulations shall be applied to achieve the following objectives:

Orderly development of the land to obtain harmonious and stable neighborhoods; and

Safe and convenient traffic circulation, vehicular and pedestrian; and

Adequate and economical provisions for utilities and public services in order to conserve the public funds; and

Ample public open spaces for schools, recreational and other public purposes; and

Accurate surveying of land, preparing and recording of plats; and

Discouraging of premature, uneconomical, or scattered subdivisions; and

Coordination of land development in accordance with the Zoning Code, Thoroughfare Plan, Comprehensive Plan, and other plans for the City.

1155.01 INTENT.

The following terms shall have, throughout this text, the meaning given herein.

1155.02 GENERAL TERMS.

(a) Words used in the singular include the plural.

(b) Words used in the present tense include the future tense.

(d) "City" means the City of Conneaut, Ohio.

(e) "Commission" means the Planning Commission of Conneaut.

(f) "Council" means the legislative body of Conneaut.

(g) "Developer" means any individual, firm, association, corporation, trust, or any other legal entity, including his agents, commencing proceedings under these regulations to effect a subdivision of land for himself or for another.

(h) "City Engineer" means the City Engineer or, if no such engineer has been appointed, the consulting City Engineer.

(i) "Recorder" means the Ashtabula County Recorder.

1155.03 LOT, PARCEL.

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

1155.04 SUBDIVISION.

(a) Subdivision means:

(1) The division of any parcel of land shown as a unit or as contiguous units on the last preceding tax roll, into two 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 of partition of land into parcels of more than five acres not involving any new streets or easements of access, and the sale or exchange of parcels between adjoining lot owners, where such sale or exchange does not create additional building sites, shall be exempted; or

(2) The improvement of one or more parcels of land for residential, commercial or industrial structures or groups of structures involving the division or allocation of land for the opening, widening or extension of any street or streets, except private streets serving industrial structures; 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.

(b) Minor Subdivision means:

(1) A proposed division of a parcel of land along an existing public street, not involving the opening, widening or extension of any street or road, and involving not more than five lots after the original tract has been completely subdivided.

(Ord. 263-91. Passed 11-12-91.)

1155.05 MAPS, PLANS, PLATS.

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

(b) "Plan" means a drawing of a proposed design or of work to be performed.

(c) “Plat” means a map of a lot, tract or subdivision on which the lines of each element are shown by accurate distances and bearings.

(d) "Comprehensive Plan" means a composite of the mapped and written proposals for the future development of the City and duly adopted by the Commission and/or Council, indicating its recommendations for the uses of private land, public open spaces and buildings and the general street system.

(e) “Park and Recreation Plan” means a map showing the location and size of existing and proposed parks, playgrounds, and other open public grounds of the City and duly adopted by the Commission and/or Council.

(f) "Thoroughfare Plan" means a map showing the location and width and existing and proposed streets of the City and duly adopted by the Commission and/or Council.

(g) "Sketch Plan" means a sketch for the purpose of study and approval of minor subdivisions.

(h) "Preliminary Plan" means a drawing for the purpose of study of a major subdivision and which, of approved, permits proceeding with the preparation of the Final Plat.

(i) "Final Plat" means the final map of all or a portion of a subdivision and which, if approved, may be recorded.

1155.06 STREET.

“Street” means an avenue, highway, road, thoroughfare, boulevard, parkway, alley or other way proposed for vehicular traffic, and any existing state, county, township or city street or way shown upon a plat heretofore duly approved, filed and recorded in the office of the Recorder. Included is the land between the street right-of-way lines whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, division strips, or other areas within the street lines. Streets shall be classified as follows:

(a) "Limited-Access Highway" (freeway) means a strip of public land devoted to movement of traffic, not providing access to the abutting properties.

(b) "Parkway" means a road way running through a strip of public park land, to which right of access may or may not be permitted.

(c) "Major Street or Thoroughfare" means a street which is primarily for moving fast or heavy traffic between large or intensively developed districts.

(d) "Secondary or Collector Street" means a street supplementary to and connecting major streets to local streets and to district centers, and/or neighborhoods.

(e) "Local Street" means a street primarily for access to abutting residential properties and to serve local needs.

(f) "Cul-de-Sac" means a street with only one permanent outlet.

(g) "Marginal Access Street" means a local street providing access to lots which abut or are adjacent to a limited-access highway or major street.

(h) "Alley" means a street providing service access to the rear or side of properties abutting also on streets or thoroughfares.

(i) "Private Street" means a strip of private land providing access to abutting properties.

(j) "Right-of-Way" means a strip of land measured between property lines, dedicated for use by the public.

(k) "Roadway or Pavement" means a portion of a street available for vehicular traffic, including parking lanes.

(l) "Tree Lawn" means the portion of a street right-of-way between edge of pavement or curb and public sidewalk or property line.

1155.07 OTHER RIGHTS-OF-WAY; EASEMENTS; LINES.

(a) "Pedestrian Way" means a dedicated public right-of-way limited to pedestrian traffic.

(b) "Drainage-way" means the land required for construction of storm water sewers or drainage ditches, or required along a natural stream or watercourse.

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

(d) "Building Line" means a line defining the limits of the front yard in which no structure may be located.

1155.08 NEIGHBORHOOD.

“Neighborhood” means an area containing structures and uses which have similar characteristics and which is bounded by recognized natural or manmade features.

1159.01 INTENT.

Procedures are herein established and intended to define the steps by which a developer may design, make an application, record plats and construct improvements in the developing of land, and by which the Commission may review, make recommendations, approve the plans and otherwise administer these regulations.

For those subdivisions hereinafter classified as minor subdivisions, a sketch plan and abbreviated procedure is established. For all others, which are classified as major subdivisions, a preliminary plan and final plat procedure is established. For outline for procedures, see Appendix A.

1159.02 PRE-APPLICATION.

The City shall make available to developers copies of these subdivision regulations, the zoning code, the thoroughfare and other adopted plans, street maps, and information which may affect the development of the property under consideration at a cost to be determined by Council. applications for approval of a subdivision shall be in accord with the regulations, codes, plans adopted, and any other information furnished.

1159.03 MINOR SUBDIVISION SKETCH PLAN.

(a) All minor subdivisions shall be approved by the City Zoning Inspector, as herein provided, prior to submission to the county Recorders Office for recording.

(b) Persons requesting approval of a minor subdivision as herein defined shall submit to the Conneaut Zoning Inspector the following:

(1) One copy of a completed minor subdivision application, developed and provided by the Inspector, signed and dated by the applicant, and a $25.00 nonrefundable application fee payable to the City of Conneaut.

(2) A properly executed and signed instrument of conveyance, including deeds, easements, etc.

(3) A survey of all lots or parcels created by the subdivision by a registered surveyor and in accordance with the Minimum Standards for Boundary Surveys in the State of Ohio found in Chapter 4733-37.

(Ord. 86-92. Passed 4-27-92.)

(c) A minor subdivision * shall be granted by the Zoning Inspector if the proposed action meets all of the following conditions:

(1) The proposed subdivision is located along an existing public or privately dedicated road and involves no opening, widening, or extension of any street or road.

(2) The proposed subdivision would create a lot-of-record (lot with a permanent parcel number) five (5.0) acres or less in area.

(3) The present property owner has created no more than five (5) lots-of-record from the larger parcel being subdivided including the original parcel.

(4) The proposed subdivision will satisfy all applicable zoning regulations which include, but are not limited to:

A. lot frontage and lot area

B. intended land use, as listed on the application form

C. side and rear yard setback (for existing structures).

(5) The proposed subdivision will satisfy all applicable subdivision regulations, which include but are not limited to:

A. the newly created parcel and any residual land must have sufficient frontage on a dedicated highway

B. all easements on or adjacent to the newly created parcel will be delimited on the map submitted with the application for a minor subdivision without plat.

* The creation of a lot-of-record also involves the "remainder" of the property-owner's original lot. As such, the "remainder" must also meet the minimum listed criteria.
(Ord. 263-91. Passed 11-12-91.)

(d) (1) If the Zoning Inspector is satisfied that the proposed subdivision is not contrary to the applicable platting, subdividing or zoning regulations, and meets the requirements stated in subsection (c) hereof, he shall, within seven (7) working days after submission of the application packet, approve such proposed division and, upon the instrument of conveyance of said parcel, stamp the same “Approved, Conneaut Zoning Inspector, No Plat Required” and sign and date.

(2) Appeals to Planning Commission. If the application is disapproved, the applicant shall be notified, in writing by the Zoning Inspector as to the reasons for his disapproval. Upon receipt of this notice, the applicant may file a written appeal of the Inspector’s decision with the City Planning Commission. Within thirty days after receipt of the applicant’s written appeal, the Planning Commission shall schedule a public hearing on the appeal, providing notice to the applicant and the Zoning Inspector.

(3) Planning Commission and variances. Where the Planning Commission finds that extraordinary hardships or practical difficulties may result from strict compliance with these regulations and/or the purposes of these regulations may be served to a greater extent by an alternative proposal, it may approve variances to these subdivision regulations so that substantial justice may be done and the public interest secured, provided that such variance shall not have the effect of nullifying the intent and purpose of these regulations; and further provided the Planning Commission shall not approve variances unless it shall make findings based upon the evidence presented to it in each specific case that:

A. The granting of the variance will not be detrimental to the public safety, health or welfare or injurious to other property located in the area; and

B. The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are not applicable generally to other property; and

C. Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of these regulations are carried out.

Conditions. In approving variances, the Planning Commission may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements of these regulations.

(4) Informal review. The applicant may save time and expense by submitting a sketch or drawing for review prior to preparation of a complete survey. The information submitted must be sufficient to determine if the proposed subdivision conforms to applicable regulations. The Zoning Inspector shall provide an informal review. The review shall be for information purposes only, and it shall constitute neither approval nor disapproval on the proposed subdivision.

(e) An applicant shall record an instrument of conveyance containing a minor subdivision within 30 days of the date on which the Zoning Inspector has approved such subdivision.
(Ord. 86-92. Passed 4-27-92.)

1159.04 GENERAL SUBDIVISION REQUIREMENTS.

(a) All subdivisions, other than minor subdivisions, shall be approved as herein provided, prior to submission to the County Recorders Office for recording.

(b) Procedure for Subdivision and/or Site Plan Approval.

Introductory Meeting: The subdivider is required to meet with the City Zoning Inspector prior to submitting the preliminary plat or site plan. The purpose of this meeting is to discuss the purpose and effect of these regulations and the criteria and standards contained therein; and to familiarize the developer with a comprehensive Plan, Major Thoroughfare Plan, Parks and Public Open Space Plan, and drainage, sewerage, and water systems for the City of Conneaut. It shall be the responsibility of the developer to contact the City Zoning Inspector for an explanation of the applicable zoning ordinances.

(c) Preliminary Plat Application for Residential Subdivisions (Single Family Detached Units). After the introductory meeting, the subdivider shall submit to the Conneaut Planning Commission a preliminary plat of the proposed subdivision which shall conform with the requirements set forth in this Code. The preliminary plat shall be prepared by a qualified registered engineer or surveyor, and shall comply with the Planning Principles in Chapter 1163, and the Minimum Standards in Chapter 1167.

(d) Preliminary Plat.

(1) The preliminary plat form shall be drawn at a scale not less than one hundred (100) feet to the inch and shall be on one or more sheets 24 x 36 inches in size. Six (6) copies shall be submitted to the City Planning Commission at least ten (10) working days prior to its regular meeting.

(2) The preliminary plat shall contain the following information:

A. Proposed name of the subdivision, which shall not duplicate or closely approximate the name of any other subdivision in the City or County.

B. Location by section, range, township and municipality or other surveys.

C. Names, addresses and phone numbers of the owner, subdivider, and professional engineer and/or registered surveyor who prepared the plat, and appropriate registration numbers and seals.

D. Scale of the plat, north point and date.

E. A complete survey of the subdivision, including proposed lots and right-of-ways, tied to a lot corner or road intersection by bearing and distance.

F. Names of adjacent subdivisions, owners of adjoining parcels of unsubdivided land, and the location of their boundary lines.

G. Locations, widths, and names of existing streets, railroad right-of- ways, easement(s), parks, permanent buildings, and corporation and village lines, location of wooded areas and other significant topographic and natural features within and adjacent to the plat.

H. Zoning classification of the tract and adjoining properties and a description of proposed zoning changes, if any.

I. Existing contours at an interval of not greater than two (2) feet if the slope of the ground is fifteen (15) percent or less; and not greater than five (5) feet where the slope is more than fifteen (15) percent.

J. Existing sewers, water lines, culverts and other underground structures, and power transmission poles and lines, within and adjacent to the tract.

K. Location, names, gradients, and widths of proposed streets and easements.

L. Building setback lines with dimensions.

M. Location and dimensions of all proposed utility, sewer and water lines, showing their connections with the existing system.

N. Layout, numbers and approximate dimensions of each lot. Show frontage and setback on all lots. When a lot is located on a curved street or when side lot lines are not at ninety (90) degree angles, the width at the setback line shall be shown.

O. Parcels of land in acres to be reserved for public use or to be reserved by covenant for residents of the subdivision.

P. A vicinity map at a scale of not less than two thousand (2,000) feet to the inch shall be shown on, or accompany, the preliminary plat. This map shall show all existing subdivisions, road, and tract lines and the nearest existing thoroughfares. It shall also show the most advantageous connections between the roads in the proposed subdivision and those of the neighboring areas.

Q. A copy of the proposed covenants and/or deed restrictions.

R. In a letter accompanying the request for approval of the preliminary plat, the subdivider shall provide a letter from the City indicating available capacity in the Waste Water Treatment Plant and sanitary sewer lines servicing the proposed development.

S. The subdivider shall provide a letter from the city indicating available water pressure and flow along with overall service capacity of the water plant and water lines in the City to accommodate the proposed development.

T. The developer shall provide a drainage and sediment control plan of the proposed development and evidence of compliance with relevant State and Federal drainage and water quality regulations.

(3) Filing.

A. The applicant shall file the preliminary plat with the Planning Commission, accompanied by a nonrefundable fee in the amount of $50.00 and a $1.00 surcharge levied for every lot created in excess of five lots.

B. The Planning Commission, before reviewing the preliminary plat, may require the applicant to enter into an escrow agreement with the City to cover professional costs, i.e., engineering or architectural, incurred by the City in reviewing the preliminary plat and final plat. Such costs shall be a reasonable estimate by the Engineer, and such agreement shall commit the applicant to make additional contributions to the fund to cover unexpected costs. The funds shall be deposited in a bank in Ashtabula County and made payable to the City of Conneaut. Any unused amounts shall be returned to the applicant, without interest.

(Ord. 86-92. Passed 4-27-92.)

(4) Approval of Preliminary Plat.

A. The City Planning Commission shall forward copies of the preliminary plat to such officials and agencies as may be necessary for the purpose of study and recommendation. After receipt of reports from such officials and agencies, the City Planning Commission shall determine whether the preliminary plat shall be approved, disapproved, approved with modifications, and the subdivider notified by letter of the action taken.

B. No preliminary plat shall be approved until such time as the Planning Commission, in writing, determines that all of the requirements of the zoning code and this subdivision code have been met.

C. The City Planning Commission shall act on the preliminary plat within thirty (30) days after filing unless such time is extended by agreement with the subdivider. Approval of the preliminary plat shall be conditional upon compliance with all ordinances and regulations of the City.

(5) Approval period. The approval of the preliminary plat shall be effective for the maximum period of twelve (12) months after the date approved by the Planning Commission and shall guarantee that the terms under which the approval was granted will not be affected by changes to these regulations.

(e) Final Plat. No final plat shall be submitted to the Planning Commission until such time as the preliminary plat has been approved by the Commission.

(1) General requirements of final plat.

A. The Subdivider, having received approval of the preliminary plat of the proposed subdivision, may 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 City Planning Commission. Otherwise it shall conform to the preliminary plat, and may constitute only that portion of the approved preliminary plat which the subdivider proposed to record and develop at the time. The final plat and the supplementary information shall be signed and prepared by a registered engineer and/or surveyor, and shall comply with the Planning Principles in Chapter 1163 and the Minimum Standards in Chapter 1167.

B. The presentation of the final plat to the Planning Commission shall be accompanied by a nonrefundable fee of $100.00 plus $1.00 per lot or site created in excess of five lots or sites.

(Ord. 86-92. Passed 4-27-92.)

(2) Regulations governing improvements. The final plat drawings and specifications of improvements shall be a set of construction and utility plans prepared by a registered professional engineer. The plans shall include typical sections, plans and profile views, and construction details.

All typical sections and major engineering details to be used on any particular street shall be approved in advance by the City's consulting Engineer before completion of the plans. Prior to the granting of approval of the final plat the subdivider shall have installed the minimum required improvements, or shall have furnished a surety, escrow agreement or certified check for the amount of the estimated construction cost of the ultimate installation and the initial maintenance of the improvements. No improvements shall be constructed or partially constructed before plans and drawings have been presented to and approved by the Planning Commission. Before the surety, escrow agreement or check is accepted, it shall be approved by the proper administrative officials. The terms of the maintenance surety shall extend twelve (12) months beyond the completion date of the project.

(3) Final plat form. The final plat shall be legible drawn in waterproof ink on tracing cloth or other material of equal performance. It shall be drawn at a scale not less than one hundred (100) feet to the inch. (The County Recorder requires that the size be 21 x 26 for recording). If more than one (1) sheet is needed, each sheet shall be numbered and the relation of one sheet to another clearly shown. Five (5) copies of the final plat shall be submitted to the Planning Commission at least ten (10) working days prior to its regular meeting.

(4) Final plat contents. The final plat shall contain the following information:

A. Name of the subdivision, location by section, range or by other survey number, date, north point, and scale.

B. Name and address of the owner and the professional engineer and/or registered surveyor who prepared the plat and appropriate registration numbers and seals.

C. 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 (1) in twenty thousand (20,000).

D. Bearings and distances to nearest established street lines or other recognized permanent monuments.

E. Exact locations, right-of-way, and names of all streets within and adjoining the plat, and building setback lines.

F. 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.

G. All easements and right-of-ways provided for public services or utilities.

H. 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 lines shall be shown.

I. Accurate outlines or 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.

J. A copy of any restrictions and covenants the subdivider intends to include in the deeds to the lots in the subdivision.

K. 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.

L. Notarized certification by the owner or owners of the adoption of the plat and the dedication of streets and other public areas.

M. The location of and a description of all monuments and pins as specified in the Engineer's road specifications.

N. A bar scale shall be shown on all pages of the subdivision.

O. Gross acreage, lot acreage, road acreage, net acreage and road mileage shall be shown.

(5) Supplementary Information. The following information shall be supplied in addition to the requirements in subsection (e)(1) to (4), inclusive.

A. If a zoning change is involved, certification from the City Zoning Inspector shall be required indicating that the change has been approved and is in effect.

B. Certification shall be required showing that all required improvements have been either installed and approved by the proper officials or agencies, or that a bond or other surety has been furnished assuring installation and initial maintenance of the required improvements.

(6) Filing. The final plat shall be filed with the City Planning Commission not later than twelve (12) months after the date of approval of the preliminary plan.

(7) Approval of Final Plat.

A. If the Planning Commission determines that all of the requirements of the zoning code and this subdivision code have been met, including the requirements of Chapters 1163, 1167 and 1171, it shall approve the final plat. No subdivision other than a minor subdivision, shall be recorded in the Ashtabula County Recorders Office until it has been approved by the City Planning Commission.

B. If the Planning Commission denies the final plat, it shall forthwith notify the applicant by certified mail that the plat has been rejected and the reasons why.

(Ord. 263-91. Passed 11-12-91.)

1159.05 MAJOR SUBDIVISION FINAL PLAT.

(a) Application. An application for approval of a final plat shall be submitted in writing to the secretary of the Commission. The application shall include the original tracing of the final plat, the original tracing of the drawings for the required improvements, six (6) prints of each tracing, three (3) sets of specifications and other maps, data and certificates as set forth in Section 1171.03 .

The developer may obtain conditional approval of the plat and install the required improvements before applying for approval of the final plat, or alternatively, he may apply for approval of the final plat and drawings and specifications of required improvements concurrently and furnish performance guarantees that he will install the improvements thereafter; or, if approved, the developer may construct parts of the improvements before approval of final plat and furnish performance guarantees for the construction of the remaining improvements.

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

(b) Review by City Engineer. The secretary of the Commission shall transmit two (2) prints of each drawing and the specifications to the City Engineer for determination if:

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

(2) The designs and details of the required improvements as shown on the drawings and specifications are in conformance with any master plans for utilities, and streets and the grading and construction standards in effect in the City.

One copy of each stall be returned to the Commission within ten (30) days indicating his determinations.

(c) Action by the Planning Commission. If the Engineer determines the final plat, drawings and specifications are satisfactory in regard to the aforesaid provisions, and if the subdivision complies with all other applicable provisions of these regulations, the Commission shall approve it. Action shall be taken within forty-five (45) days after the meeting at which the application for approval and all required plats, maps and data were submitted to the Commission or within a mutually agreed upon extension; otherwise the plat shall be deemed to have been approved.

The Commission shall act upon the final plat, and/or drawings and specifications, either separately or concurrently; but in no event shall it approve the final plat for recording until the improvements are constructed or their construction guaranteed.

(d) Form of Approval. The approval of the final plat shall be indicated by a certification to that effect on the original tracing of the plat with the signature of the chairman and secretary of the Commission. The Commission shall obtain one duplicate tracing thereof at the developer's expense before returning the tracing to him. On the event the plat is not approved, the reason for disapproval of a plat shall be stated in the records of the Commission.

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

(e) Recording. The developer shall file the approved final plat in the office of the Recorder. The approval of the Commission shall expire within sixty (60) days unless within that period the plat shall have been duly filed and recorded and the Commission so notified by the developer in writing. If the final plat is revised in any manner after approval, the approval shall be null and void.

(f) Effect of Approval and Recording. If drawings and specifications for improvements are approved and construction guaranteed, the final plat may be approved and recorded, construction of improvements started, building permits issued, and lots may be sold, leased or transferred; or after satisfactory construction of the improvements the final plat may be approved and recorded, building permits may be issued, and lots may be sold, leased or transferred.

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

1159.06 LANDS FOR PUBLIC USE.

(a) Dedication for Public Use. If the final plat indicates land for public use, the plat shall be submitted to Council for acceptance of dedication of any public land and acceptance of any easement before it is recorded. The acceptance of any street or utility for public use and maintenance shall be by separate action of the Council.

(b) Land Reserved for Public Use. The City may request, by resolution, a developer to set aside, reserve, or offer for sale, land for streets, parks, playgrounds, or other public uses shown upon a duly approved thoroughfare, park and recreation or comprehensive plan for a period of one hundred eighty (180) days after the application for approval of a preliminary plan, or for a longer period as may be mutually agreed, to allow the City time to acquire such land.

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

1159.07 MULTI-FAMILY AND OTHER DEVELOPMENTS.

An application and preliminary plan shall be submitted by the developer to the Commission for all proposals for multi-family, business and industrial developments or subdivisions involving open spaces for common use or extensions of public facilities. All procedures, maps, plans and other data required by these regulations for preliminary plans and set forth in Section 1171.02 shall be complied with and furnished if determined applicable by the Commission.

Where streets or other areas are intended to be used by the public and public utilities are to be constructed, all procedures, maps and other data required by these regulations for final plats as set forth in Section 1171.03 shall be complied with and furnished if determined applicable by the Commission.

1159.08 CITY MAP.

In order that proposed subdivisions may be properly planned and reviewed, a map of the City showing all streets and lot lines shall be kept up-to-date by the City engineer. Preliminary plans, when approved, shall be indicated on a print of the City map; and every final plat or deed description, when recorded, shall be added to the tracings.

1159.09 RESUBDIVIDING OR VACATION.

An application for resubdividing, replatting or vacation of a subdivision shall be made by the owner or owners thereof to the Commission in the same form as for a new subdivision along with all required maps and other information. The original lots shall be shown by dotted lines, and lot numbers and other references made to previously recorded subdivision. If approved by the Commission, those types of replatting and vacation actions as required by the provisions of Section 711.17 to 711.13 inclusive of the Revised Code of Ohio, or latest revisions thereof, shall be submitted to the Clerk of the Court of Common Pleas.

1163.01 INTENT.

The planning principles set forth in this chapter are fundamental principles and standards to be applied with professional skill in the planning of land so as to produce functional, attractive, distinctive, convenient and economical subdivisions.

The term "shall" is to be interpreted as mandatory and shall be complied with; however, in this chapter the Commission may determine a particular principle shall not apply to a particular subdivision. Furthermore, if two or more principles are directly applicable to a feature in a particular subdivision, and each principle cannot be incorporated in the plan, the more restrictive principle or principles shall apply unless waived by the Commission.

The word "may" is to be interpreted as directory and shall be complied with if found applicable and unless waived by the Commission.

If a comprehensive plan, thoroughfare plan, or plan for the parks and other open public grounds has or have been adopted by the Planning Commission or Council, the streets, school sites, public parks and all other land uses shown thereon shall be incorporated in the subdivision plans.

1163.02 TOPOGRAPHY; NATURAL FEATURES.

(a) General. Subdivisions shall be planned to take advantage of the topography in order to utilize the natural surface drainage, to economize in the construction of sewers, to reduce the amount of grading, and to minimize destruction of trees and top soil. The natural features and other distinctive characteristics of the site shall be integrated into the plan to create functional variations in the neighborhood and more attractive building sites.

(b) Topography and Streets. The subdivision shall be planned so that as many lots as possible will be above the street grade. On irregular topography, streets shall be designed to avoid extensive cuts and fills and to comply with grading standards hereinafter established for private driveways and yards as well as for the streets. Streets approximately parallel to contour lines shall be adjusted so that the lots on one side of the street will not be excessively below the street grade.

(c) Drainage. The subdivision shall be designed, particularly land of very gentle slopes, to take every advantage of natural grades so that all the land can be satisfactorily drained without excessive grading. Unless water courses or drainage ways are enclosed, the design shall be adjusted so that rear lot lines are approximately parallel to the natural or straightened course, and only where such a design is not possible, may side lot lines be arranged parallel to an open drainage course. Easements for drainage ways and low-lying areas which are subject to flooding may be included as part of a lot but shall not be used as a building site or included in calculating the required lot area or width.

(d) Natural Features. Natural features, brooks, lakes, hilltops, and other focal points within, and distant views outside the subdivision shall be integrated in the design to obtain natural variations and interest in each neighborhood. Trees, top soil and other natural resources shall be preserved and utilized in the development of the subdivision.

1163.03 STREET PLANNING.

(a) Function of Streets. In order to promote public safety and convenience, streets shall be planned to serve particular functions as follows:

(1) Major streets, primarily for the movement of fast, heavy traffic between centers of traffic generation.

(2) Secondary streets, for collecting traffic from or distributing it onto local streets and connecting with major streets and providing access to abutting properties and between neighborhoods.

(3) Local streets, for providing access to abutting properties and circulation of slow-moving traffic and pedestrians within a neighborhood.

(b) Major and Secondary Streets. Unless shown otherwise on the thoroughfare plan, they shall be planned for continuation of existing streets in the system at the same width or greater width in accordance with adopted standards. Secondary streets will normally contain a relatively large number in intersections with local streets. Major streets shall contain as few intersections as possible, with little or no access provided to abutting properties.

Where a subdivision of one-family dwellings abuts a major street, the Commission may require the developer to prepare sketches and estimates of a plan based on marginal access streets or such other treatment as the fronting of lots on perpendicular local streets in order to protect the residential property from the movement of heavy traffic and to eliminate driveways cutting into a major street.

(c) Local Streets shall provide access to each lot and shall be planned for convenient circulation toward the principal directions of travel, to bus routes, to schools and playgrounds. The layout shall be related to the topography and natural features. The street pattern shall be indirect to prevent through traffic and yet continuous; it shall be formed of straight, moderately winding, curved, loop, angular or ell streets. Tee-intersections shall predominate; cross-intersection, gridiron and other rigid geometrical patterns shall be avoided.

(d) Cul-de-Sac Streets or permanent dead-end streets shall be permitted only where parcels are isolated by surrounding allotments, where continuous streets would require excessive grading because of very irregular topography, or where other types of non-through streets would not provide sufficient discouragement of through traffic.

Where approved, cul-de-sacs shall not exceed six hundred (600) feet in length measured from the intersection of the centerlines of the entering intersection or serve more than fifteen (15) one-family dwellings; and a permanent turn-around shall be provided having an outside roadway diameter of at least seventy-five (75) feet, and a street property line diameter of at least one hundred (100) feet. If the cul-de-sac is not open in the direction of schools or playgrounds, a pedestrian-way shall be provided.

(e) Temporary Dead-end Street. Where a subdivision adjoins unsubdivided land, a temporary turn-around, or back-around, shall be provided for each street more than two hundred (200) feet in length if lots front thereon, and provisions made for future extension of the street and utilities, and reversion of the excess right-of-way to the abutting properties; and such provisions shall be so noted on the final plat.

(f) Street of Nonconforming Width. Streets of less than the required width shall not be permitted except where the Commission finds such a street will be adequate to serve a small development, or finds it reasonable not to require the dedication of the full width until all abutting property is subdivided. Where property abuts a street which does not conform to the width as required by the thoroughfare plan or these regulations, or plans of the County or State Highway Department, the additional width shall be dedicated when the land is subdivided.

(g) Reserve Strips Adjoining Streets, or other provisions to control access or extensions to pavement and/or utilities to another property, shall not be permitted except where provisions for the control and disposal of land comprising such strips has been assigned to the City under conditions approved by the Commission.

(h) Streets for Multi-Family Developments shall be planned to connect with major or secondary streets so as to not generate large volumes of traffic on local residential streets. Vehicular and pedestrian access shall be adequate and convenient to each dwelling unit, planned so that a street, service drive, parking area or delivery area will be located not more than one hundred (100) feet from every main or service entrance of a building.

(i) Streets for Business and Industrial Developments shall be planned to connect with major streets so as to not generate traffic on local residential streets. The intersection of service streets, or driveways from parking areas, with major streets shall be located so as to cause the least possible interference with the movement of traffic on the major streets and wherever possible shall be located not less than one hundred twenty-five (125) feet from the intersection of a major or secondary street (measured from the centerlines), or spaced not less than sixty-five (65) feet from each other. Parking areas, serving adjoining business establishments, shall be interconnected by drives and designed to provide the maximum safety and convenience. The Commission may require the dedication and improvement of service roads along major streets.

(j) Intersection. Streets shall be designed to intersect as nearly at ninety (90) degrees as possible, and no street shall intersect another at less than sixty (60) degrees. The intersection of more than two streets at a point or with centerline offsets of less than one hundred twenty-five (125) feet shall not be permitted.

Property lines at street intersections shall be rounded with a radius of not less than thirty (30) feet for major streets, twenty (20) feet for secondary streets, and ten (10) feet for local streets.

(k) Right-of-Way Widths.

(1) Local street right-of-way widths for one-family subdivisions shall be not less than sixty (60) feet, provided however, fifty (50) feet right-of-way may be permitted by the Commission for cul-de-sac and other non-through streets not serving more than twenty-five (25) lots.

(2) Street right-of-way widths for multi-family, business or industrial subdivisions shall be determined for each development; each street shall be of sufficient width to safely accommodate the maximum traffic, parking and loading needs of access for fire protective equipment.

(3) Secondary street right-of-way widths shall be in accord with County or City plans and standards, and may vary from sixty (60) to eighty (80) feet.

(4) Major street right-of-way widths shall be in accord with State Highway, County or City plans and standards, and may vary from eighty (80) to one hundred twenty (120) feet.

(l) Grades of Streets shall not exceed 10 percent for local streets, 7 percent for secondary streets, and 6 percent for major streets. Street grades shall be not less than 0.4 percent in order to provide adequate surface drainage, provided however, the Commission may permit a minimum of 0.25 percent where necessary because of topographic or other conditions.

All changes in grade shall be connected by vertical curves of sufficient length to provide a smooth transition and clear visibility for vehicular operations. A rate of change of grade of 3 to 4 percent per one hundred (100) feet is the maximum recommended to give at least one hundred (100) feet of sight distance. Streets shall level off to a grade not exceeding 3 percent for a distance of not less than one hundred (100) feet from each side of a intersection.

(m) Curvature of Streets. Angles in the alignment of street lines shall be connected by a curve with a radius on the centerline of not less than two hundred (200) feet for local streets, three hundred (300) feet for secondary streets, and five hundred (500) feet for major streets. Between reverse curves there shall be a tangent at least one hundred (100) feet long on major and secondary streets and fifty (50) feet long on local streets.

(n) Street Names shall be selected which will not duplicate or be confused with the names of existing streets in Ashtabula County irrespective of modifying terms such as street, avenue, boulevard, etc. Streets that are or will eventually be continuations of existing or platted streets shall be named the same. Street names shall be subject to the approval of the Commission and wherever possible shall be in accordance with the following system:

Long Short

General Direction Continuous Disconnected

North-South Streets Courts

East-West Avenues Places

Diagonal Roads Ways

Curving Drives Lanes or Circles

1163.04 BLOCK DESIGN.

(a) Blocks shall be designed to accommodate lots of the size required for the district as set forth in the zoning code and to provide for convenient access, circulation, and safety of traffic on the bounding streets. The lines and boundaries of blocks shall be adjusted to conform to the topography and natural features such as streams and lakes, and so that rear or side lot lines will coincide with corporation lines.

When a parcel is too small to be laid out economically for the use intended and would result in factional or odd-shaped lots or otherwise not conform to the planning principles, the Commission may request the developer to include adjoining unsubdivided land so a complete block may be planned and developed as a unit.

(b) Block Lengths, one-family subdivision, shall be planned to average one thousand five hundred (1,500) feet, and shall not exceed one thousand eight hundred (1,800) feet, or be less than eight hundred (800) feet unless approved by the Commission.

(c) Block Widths, one-family subdivision, shall be planned to accommodate two tiers of lots; except a single tier of lots may be required by the Commission to separate residential development from major streets, adjoining non-residential land uses, unusual topographic or natural features. A planting screen of at least ten (10) feet width, with no right of access, may be required along the line of lots abutting such a major street or non-residential land uses.

(d) Blocks for Multi-Family, Business or Industrial Subdivisions shall be adequate to accommodate the building sites and provide the yards, service drives, off-street parking and other required facilities, and shall be designed for unit development and not according to the typical lot and street pattern.

(e) Pedestrian Ways of not less than twenty-five (25) feet right-of-way and in a straight line, may be required across excessively long blocks or at the end of cul-de-sac streets for access to schools, playgrounds, or bus stops, or to other public facilities where convenient pedestrian circulation has not been provided by streets.

1163.05 LOT DESIGN.

(a) Building Sites. Each lot shall be designed to form a good site for the type of building to be developed, and the lot lines shall not be considered as merely forming a geometric shape which encloses the minimum area permitted. The lots shall be more or less rectangular in form; triangular, elongated or other shapes that restrict its use as a building site shall be avoided.

(b) The Area and Width of Each Lot in a one-family subdivision shall be not less than required by the zoning code, and shall be appropriate for the neighborhood and type of development proposed. Where unusual topographic or dimensional conditions are encountered, or if the planning is unusually skillful and if permitted by the zoning code, the Commission may approve a reduction of the size of not more than 10 percent of the lots in a subdivision.

The width of lot shall be not less than required at the front yard building line. On curved streets the arc of the front lot line or a rear lot line shall be not less than 60 percent of the required width at building line.

(c) The Mean Depth of Lots abutting a local street in a one-family subdivision shall not exceed two and one half (2 1/2) times its width. This ratio shall be increased to 3 1/2:1 when the rear line of such lot abuts a railroad, freeway or other incompatible non-residential land use; and the area of the lot shall be increased accordingly.

(d) Lots on Major Streets. In a one-family subdivision lots abutting major streets shall exceed the aforesaid depth ratio (2 1/2:1) for local streets, in order to increase the safety and privacy thereon; however, the depth shall not exceed five (5) times the width, provided further, that for lots of five (5) acres or less the mean depth shall not exceed five hundred (500) feet. Lots of such roadside subdivisions shall be planned to achieve uniform rear lot lines.

The City may prepare a local street plan of partially subdivided areas and reserve opening at intervals along the major roads for future local streets to serve the interior areas.

(e) Corner Lots, One-Family Subdivision shall have an extra width to obtain the required side yards and building setback from, and appropriate orientation to, both streets and as may be required by the zoning code. Lots abutting a pedestrian way shall have extra width.

(f) Side Lot Lines shall be designed to be at right angles to straight street lines or radial to curved street lines. Where a street terminates on another to from a "T" intersection, the side lot lines shall be planned so that a dwelling site will not be directly on the projected line of the street which terminates.

1163.06 PUBLIC USES.

(a) Utility Easements. Where utilities are not located in the street, easements at least sixteen (16) feet total width shall be located on the center of rear lot lines and on side lot lines where necessary.

(b) Drainage Ways. Where a subdivision is traversed by a drainage way, channel, or stream, a storm water easement or drainage right-of-way conforming substantially with the lines of such water course shall be provided. The easement shall be twenty (20) feet wide (exclusive of required lot area) or of such further width as adequate for the purpose. Parallel rear lot lines may be required along such way.

(c) Sites for a Park, Playground, School, or Other Public Use as shown on a park and recreation plan or comprehensive plan adopted by the Commission, and located in whole or in part in a proposed subdivision, shall be required to be incorporated in the subdivision plan and reserved for such purposes. Drainage courses, ponds, lakes or isolated parcels shall not be accepted unless they become a component and conform with a plan for public lands.

(d) Large-Scale Multi-Family Developments and other unusual large-scale developments may require the reservation or dedication of additional areas or sites of a character, extent, and location suitable for needs for extra community facilities created by such developments.

1167.01 INTENT.

The improvements which are hereby required shall be provided and installed by the developer in accordance with the provisions of these regulations and other codes and ordinances of the City. They shall be installed before the final plat is approved, or in lieu thereof agreements to install shall be approved concurrent with the approval of the final plat.

It is intended that the developer of a subdivision shall dedicate all land required for rights-of-way and to furnish and install all improvements serving the subdivision and extensions to the boundary of the subdivision in order to provide a complete and coordinated system of streets and utilities and in accord with thoroughfare plans or water and sewer plans of the City.

1167.02 IMPROVEMENTS REQUIRED.

The improvements required shall be determined according to the accessibility of a sewer system and a public water supply, the relationship to existing or planned streets and according to the type and size of lots required by the zoning code in the district in which the subdivision is located.

(a) Improvements within the Subdivision. Land for right-of-way for all local streets within the subdivision and for all secondary or major streets within or on the boundary of the subdivision shall be dedicated by the developer, and all easements shall be provided.

Utilities and pavements shall be furnished and installed as hereinafter required; and they shall be of such sizes and capacities as are required for the development of the proposed subdivision, and as may be necessary to serve adjacent undeveloped land which is an integral part of the service area, provided however, the developer may not be required to pay for that part of the construction of the pavements of major streets, trunk line sewers or water mains which are determined by the Commission to be in excess of the size required for the development of the subdivision and integral service area.

The developer shall be required to extend improvements to the boundary of the proposed subdivision to serve adjoining unsubdivided land; however, where the Commission determines that a connecting street is necessary for the future subdividing of adjoining land but the present construction of pavement and/or utilities thereon are not warranted, the Commission may require the dedication of land for such connecting street and the pavement intersections constructed, utilities extended five (5) feet beyond the pavement and connections made available for future extension by other developers.

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

(c) Determination of Scope of Improvements. In making determinations for the reasonable participation by the developer for the construction of off-site extensions or a major street, trunk line or water main the Commission shall consider in addition to the standards set forth in this chapter and other regulations of the City, the following conditions:

(1) The relative location and size of the proposed subdivision,

(2) The traffic estimated to be generated by the development in relation to present streets,

(3) The natural drainage area for sewers and the service area for water,

(4) The development benefits that will accrue to the subdivision,

(5) The sequence of land and utility developments in the vicinity, and

(6) Any other condition it may find pertinent.

(d) General Schedule of Improvements. The developer shall provide and install at his expense the improvements as set forth in the following schedule classified in four districts and as further detailed in subsequent sections:

Required Improvement	One-Family Districts (By Lot Widths)			Multi-Family Business and Industrial Districts
Required Improvement	100' and Over	80' to 100'	Less than 80'	Multi-Family Business and Industrial Districts
Grading	Right-of Way and Lots	Right-of Way and Lots	Right-of Way and Lots	Right-of Way and Lots
Drainage Facilities	Open Ditch or Storm Sewers	Open Ditch or Storm Sewers	Storm Sewer	Storm Sewer
Sanitary Facilities	Septic Tanks or Sanitary Sewer	Sanitary Sewer	Sanitary Sewer	Sanitary Sewer
Water Supply	Well or Public Main	Well or Public Main	Public Main	Public Main
Streets	Pavement and Road Ditch	Pavement and Ditch or Curb	Pavement and Curb	Pavement and Curb
Public Walks	One side or None	One Side Required	Both Sides	Both Sides
Street Signs	Required	Required	Required	Required
Monuments	Required	Required	Required	Required

(e) For Industrial Subdivisions the Commission may permit the improvements to be installed and paid for on an assessment basis.

1167.03 GRADING.

The developer shall prepare a plan and grade each subdivision in order to establish street grades, lot grades, and floor elevations of buildings of proper relation to each other and to existing topography, as follows:

(a) Grading Plan. Subdivisions shall be planned to take advantage of the natural topography so as to minimize grading as set forth in Section 1163.02 . A grading plan shall be prepared for the street areas along with the street improvement details in accord with standards set forth in Section 1163.03 (k); and before buildings may be constructed, a detailed land development plan shall be prepared showing the buildings and paved areas on each lot and the grading of each block and lot.

(b) Block Grading. The grading of blocks and lots shall be in accord with the standards established by the Federal Housing Administration, Land Planning Bulletin No. 3, or standards of the City. The plans may be based on any of the following grading systems:

(1) Where there is a ridge along rear lot lines, and the lots drain to the streets,

(2) Where parts of all lots drain to a swale, or ditch along rear lot lines,

(3) Where there is a cross slope, the drainage onto adjoining properties shall be skillfully controlled,

(4) Where the land is relatively flat and adequate drainage must be formed,

(5) Or, a variation of the above conditions.

The grading of the roadway shall extend the full width of the right-of-way. Tree lawns shall be graded at a gradient of not less than 2 percent or more than 3 percent upward or downward from the curb to the sidewalk or property line.

(c) Lot Grading. The floor elevation of each building shall be established in proper relation to the surrounding grade, the driveway and the street. The lot shall be graded so that water drains away from each building at a minimum grade of 2 percent. Surface drainage swales shall have a minimum grade of 0.5 percent and be designed so that surface water will drain onto a driveway, a street gutter, storm sewer, drain inlet or natural drainage way. The minimum grades of driveways shall be 0.4 percent, and a maximum of 15 percent. Grading shall be adjusted so there will be no abrupt grades in the front yards and along side lot lines. The grades of earth terraces shall not exceed 2 1/2 to 1. If a masonry retaining wall exceeds three (3) feet in height, a hedge, fence or railing shall be provided.

(d) Top Soil and Trees. The Commission may require that top soil shall be stripped from the roadway and construction areas, piled separately but not removed from the site or used as spoil. It may also require that as many trees as can be reasonably utilized in the final development plan be retained, and the grading be adjusted to the existing grade as the trees.

1167.04 DRAINAGE FACILITIES.

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

(a) An Enclosed Storm Sewer System shall be provided where a tile inlet or an outlet with a capacity to receive the discharge is available within one thousand (1,000) feet of the subdivision and a connection made thereto, or where it is determined by the Commission that storm sewers shall be provided and connected to a drainage ditch or other waterway. The system shall have a capacity to serve the subdivision and drainage area of which it is a part. The system shall include pipes, culverts, manholes, catch basins and drain inlets if required, and a connection for each lot.

(b) An Open Drainage System may be permitted when inlets or outlets are not available within one thousand (1,000) feet or the size of outlet is not adequate to receive the discharge, if determined by the Commission. The developer may be required to deed in fee, dedicate, or grant an easement to the City for a drainage channel not less in width than required by a plan or standards adopted by the City, or by the existing topography along the water course. The developer may rechannel any water course through his property in order to contain the storm drain flow within a lesser width. The developer shall be responsible for clearing the drainage way of all debris as a condition of acceptance.

(c) Culverts and Bridges shall be designed and constructed by the developer where natural drainage channels intersect any street right-of-way. 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. The cover over the culvert and its capacity shall be determined by the City Engineer. The minimum diameter of a culvert pipe shall be eighteen (18) inches. Head walls, depending on existing drainage conditions, may be required

(2) Driveway culverts shall have a minimum length of twenty (20) feet. The diameter of driveway culverts shall be subject to the determination of the City Engineer. The driveway culverts shall be laid so as to maintain the flow lines of the ditch or gutter. Head walls may be required.

(d) The Drainage System shall be designed in accord with standards of the City Engineering Department.

1167.05 SANITARY FACILITIES.

Sanitary facilities shall be designed and constructed by the developer as required for the district in which the proposed subdivision is located for the proper disposal of wastes for each lot, as follows:

(a) Public System. Where the proposed subdivision is located in a district requiring sanitary sewers and such a sewer outlet is accessible within one thousand (1,000) feet, a public sanitary sewer system shall be provided and connected thereto, and a house connection shall be provided for each lot.

(b) Independent System. Where a subdivision of forty (40) or more units is located in a district requiring sanitary sewers but such a sewer outlet is not within one thousand (1,000) feet, the Commission may permit the design and construction of an independent sanitary system including a primary and secondary treatment plant and a house connection for each lot, provided that such a system is designed and the plant located so that it can be integrated into the Sewer Plans of the City and the temporary treatment plant abandoned when public trunk sewers are installed.

Where a number of small subdivisions are proposed for adjacent tracts or in close proximity, and where combined developments will aggregate at least forty (40) units or at least forty (40) acres, the City may construct an independent sanitary system and assess the costs to the benefitted owners.

An independent treatment plant shall be located on a site of sufficient area to serve the entire tributary area and be located at least three hundred (300) feet, or as may be further required, from any dwelling.

(c) Septic Tanks. Where a subdivision of less than forty (40) units and less than forty (40) acres is located in a district permitting septic tanks, or located in a district planned for a sanitary sewer system but an outlet is not accessible within one thousand (1,000) feet, individual septic tanks may be installed on lots of not less than one acre in area or as required by the zoning code if soil percolation tests by the City Engineer have indicated a reasonable useful life for such disposal method.

In addition, the Commission may require the construction of a system of sanitary sewers and laterals for house connections, all of which are to be capped, if the construction of a trunk sewer is planned or programmed for the area.

(d) Design Standards. The sanitary system shall be designed and constructed in accord with the standards and master plans of the City, or the Ashtabula County Sanitary Engineer where he may have jurisdiction. Septic tanks shall be designed and constructed in accord with regulations of the Conneaut or Ashtabula County Board of Health, whichever has jurisdiction.

1167.06 WATER SUPPLY.

A water system shall be designed and constructed by the developer as required for the district in which the subdivision is located and a supply provided for each lot, as follows:

(a) Public Supply. Where a subdivision is located in a district requiring a public water supply and a public main is accessible within one thousand (1,000) feet of the subdivision, a public water system shall be provided for fire protection and domestic use to serve each lot.

(b) Private Supply. Where a subdivision is located in a district requiring a public water supply and a public main is not available within one thousand (1,000) feet, the Commission may permit the installation of a community water supply for fire protection and domestic use to serve each lot.

(c) Private Well. Where a subdivision is located in a district permitting private wells and a public main is not available within one thousand (1,000) feet, a well shall be provided for each lot.

(d) Design Standards. A public water system shall be designed and constructed in accord with the standards and master plans for the City. A community water system or private wells shall be designed and constructed in accord with the standards of the Conneaut, Ashtabula County, and/or State of Ohio Board of Health.

1167.07 OTHER UTILITIES.

The developer shall submit plans of electric and telephone service lines and gas mains for approval by the Commission and arrange to have the underground utilities installed before the roadway subgrade is constructed. The gas meters and manifolds shall be located in the front yard but not more than five (5) feet in front of the setback line.

1167.08 PAVEMENTS, CURBS, AND SIDEWALKS.

(a) Pavement. After the underground utilities and house service connections are installed and rough grading complete, the roadway subgrade shall be constructed. The backfill of all trenches within the roadway to be paved and for a distance of three (3) feet outside of curb lines, shall be water tamped or mechanically tamped; and where clay or shale are encountered, the trenches shall be backfilled with sand or granulated gravel.

(b) Schedule of Pavement. The width and thickness of pavement and the material for pavement, curbs and gutters shall be not less than required in the district in which the subdivision is located and set forth in the schedule herein located on the following page.

The width of the pavement shall be measured between the vertical faces of straight curbs and the outside edges of rolled curbs.

The pavement requirements enumerated below may be modified if found necessary by the City Engineer and if approved by the Commission, because of extraordinary traffic loads or unusual soil conditions in specific locations.

The materials and the construction shall be in accord with the standards of the City or the “Construction and Material Specifications” of the Ohio Transportation Department whichever is applicable or has jurisdiction. The dimensions in the schedule below are after compaction. Salt stabilization of the base may be required.

Type of Street and Improvement	One-Family Districts (By Lot Widths)			Multi-Family Business and Industrial Districts
Type of Street and Improvement	100' and Over	80' to 100'	Less than 80'	Multi-Family Business and Industrial Districts
Local Streets Pavement Width	20 Feet	24 Feet	28 Feet	28 to 38 Feet
Base and Surface of Pavement	6" Slag or Stone plus Bituminous Surface Treatment Concrete	6" Slag plus 2 1/2" Asphaltic Concrete Surface face or 7" Integral	7" Integral Concrete	7" Integral Concrete
Curb and Gutters	Ditch	Concrete Curb	Concrete Curb	Concrete Curb
Secondary Street Pavement Width	24 Feet	30 Feet	32 Feet	36 to 40 Feet
Base and Surface of Pavement	6" Slag plus 2 1/2" Asphaltic Concrete Surface or 7" Integral Concrete	7" Integral Concrete	7" Integral Concrete	7" Integral Concrete
Curb and Gutters	Ditch	Concrete or Stone Curb	Concrete or Stone Curb	Concrete or Stone Curb

After the underground utilities and house connections are installed and backfilled and rough grading complete, the roadway subgrade shall be shaped, rolled and compacted. The developer may construct the final pavement of reinforced concrete at least seven (7) inches thick with integral curbs, or the developer may request to construct a temporary pavement of slag or stone for use during the building construction period and furnish a cash bond of at least 10 percent of the amount of the performance bond or in other amounts mutually agreed to, guaranteeing that all pavements shall be maintained in a passable and reasonable condition and rebuilt if necessary to comply with the standards of the City at the completion of the construction of the buildings, and without expense to the City, until acceptance of final pavement for maintenance and use.

(c) Curbs and Gutters. Straight curbs of concrete or stone, rolled concrete curbs and gutters, or concrete gutters integral with the pavement shall be provided as required in the district where the subdivision is located. Rolled curbs and gutters shall be not less than twenty-four (24) inches wide and rolled on a seventeen (17) inch radius. Straight curbs shall be provided at intersections although rolled curbs are used elsewhere.

Road ditches, with grass gutters where grades are less than 5 percent and concrete valley gutters where grades exceed 5 percent, may be permitted by the Commission in districts where lots at least one hundred (100) feet wide are required.

(d) Driveways shall be located in accordance with the development plan of the block and may be grouped in pairs or spaced separately. Generally they shall be located along the lowest side of the lot, not less than two (2) feet from side lot line or another drive way and not more than sixteen (16) feet wide.

Curb cuts for straight curbs and the flare for rolled curbs of driveways shall be at least three (3) feet wider than the pavement on each side; the grade of the apron shall not exceed 5 percent for a distance of ten (10) feet from the sidewalk, and the maximum grade of the driveway shall not exceed 15 percent.

(e) Public Sidewalks. Sidewalks shall be provided on both sides of the street; however, the Commission may approve walks only on one side of a local street in certain instances in subdivisions having lots eighty (80) feet or more in width, and it may not require any walks in subdivisions having lots one hundred (100) feet or more in width. Walks shall be extended to connect with existing walks or to the boundaries of the subdivision if walks are not accessible.

On local residential streets, sidewalks shall be located in the public right-of-way so that the inner line is approximately six (6) inches from the property line. On corner lots each sidewalk shall be extended to the curb. In all residential developments, walks shall be not less than five (5) feet wide and not less than ten (10) feet wide in business developments.

Sidewalks shall be constructed of concrete four (4) inches thick, except where crossed by driveways six (6) inches thick, and in accord with other standards for construction of the City.

1167.09 MONUMENTS.

A monument shall be accurately placed at each corner and at changes in direction of the boundary at each street intersection, at points of curves of streets, and at intermediate points and corners of lots and at other locations as may be required by the City Engineer. The monuments shall be concrete, 6" x 6" x 30" long with an iron pin in the center or metal monuments as approved by the City Engineer. The top of the monument shall be set at the finished grade upon the completion of the grading of the streets and the lots.

1167.10 STREET TREES.

The selection and spacing of trees shall be in accord with a street-tree plan for the City.

Trees which have undesirable characteristics such as excessively thick foliage, low branches, unpleasant odors, susceptibility to disease or attack by insects or large root systems, such as Poplar, Willow, Cottonwood, American Elm, nut and fruit trees, Ailanthus, Mountain Ash, and Oregon Maple, shall be prohibited in the tree lawn and within twenty-five (25) feet of a public sewer; Poplar, Willow, or Cottonwood trees if planted on private property in the City shall be located not less than one hundred (100) feet from any public sewer.

1167.11 STREET NAME SIGNS.

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

1167.12 DESIGN STANDARDS.

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

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

1167.13 MAINTENANCE OF IMPROVEMENTS.

The developer shall guarantee the construction and materials of all improvements for a twelve (12) month period after acceptance by the City, and in order to secure the guarantee he shall deposit an amount equal to 2 percent of the total cost of the construction of all improvements in a maintenance fund and provide the City certificates or other evidence that said fund is maintained.

1167.14 INSURANCE.

The developer agrees to indemnify and save harmless the City against and from any and all loss, cost, damage, liability and expense on account of damage to property of, or injury to, or death of the parties hereto or third person, caused by, growing out of, or in any way whatsoever attributable to the construction of said improvements and the use of any street delineated on the subdivision plat during construction. The developer further agrees, but without limiting its liability to indemnify the City, to carry liability insurance contracts in the sum of $100,000 to $200,000 for injury to or death of persons, and in the sum of $5,000 for damage to or destruction of property, which insurance contracts shall include the City as a named insured. The developer agrees to maintain on file with the City during the period of said construction, certificates or memoranda of insurance evidencing that said insurance contracts are in force.

1167.15 FAILURE TO COMPLETE IMPROVEMENTS.

In the event the developer fails to diligently pursue the work or complete the installation of all land improvements according to the terms and conditions of the agreement, the City, after giving notice which it deems reasonable under the particular circumstances, may complete same and appropriate such portion of money or bonds posted for the faithful performance of said work.

1167.16 BUILDING CONSTRUCTION AND OCCUPANCY.

A building permit may be issued and construction started after the completion of the underground utilities. If a temporary pavement is constructed, a temporary certificate of occupancy including a statement that the City is not liable for maintenance of such improvements may be issued, provided the developer furnishes a cash bond in an amount required by the City guaranteeing that all streets shall be maintained in a passable and reasonable condition until such time as the final pavement is completed and accepted for use and maintenance as set forth in Section 1167.08(a).

1171.01 IMPROVEMENT GUARANTEES

Improvement guarantees found in this chapter shall be required of all subdivisions except minor subdivisions.

Purpose. Improvement guarantees shall be provided to ensure the proper installation and maintenance of required street, utility, and other improvements. The nature and duration of the guarantee shall be structured to achieve this goal without adding unnecessary costs to the developer.
(Ord. 263-91. Passed 11-12-91.)

1171.02 APPLICATION.

(a) Before recording of final subdivision plats, or as a condition of final site plan approval, the Planning Commission may require and shall accept in accordance with the standards adopted by ordinance the following guarantees:

(1) The furnishing of a performance guarantee in an amount not to exceed 100 percent of the cost of installation for improvements;

(2) Provision for a maintenance guarantee for a period not to exceed one (1) year after final acceptance of the improvement, in an account not to exceed 15 percent of the cost of the improvement. In the event that other governmental agencies or public utilities automatically will own the utilities to be installed, or the improvements are covered by a performance or maintenance guarantee to another governmental agency, no performance or maintenance guarantee, as the case may be, shall be required by the Planning Commission for such utilities or improvements.

(3) The applicant to enter into an escrow agreement with the City to cover professional costs, i.e., engineering or architectural, incurred by the City in reviewing the preliminary plat and final plat. Such cost shall be a reasonable estimate by the City Engineer, and such agreement shall commit the applicant to make additional contributions to the fund to cover unexpected costs. The funds shall be deposited in a bank in Ashtabula County and made payable to the City of Conneaut. Any unused amounts shall be returned to the applicant, without interest.

(Ord. 86-92. Passed 4-27-92.)

(b) The time allowed for installation of the improvements for which the performance guarantee has been provided may be extended by the Planning Commission by ordinance.

(c) Upon substantial completion of all required improvements, the developer may notify the Planning Commission in writing, by certified mail, of the completion or substantial completion of improvements, and shall send a copy to the City Engineer and/or Planning Commission. The City Engineer shall inspect all improvements of which such notice has been given and shall file a detailed report, in writing, with the Planning Commission indicating either approval, partial approval, or rejection of such improvements with a statement of

reasons for any rejection. The cost of the improvements as approved or rejected shall be set

forth.

(d) The governing body shall either approve, partially approve, or reject the improvements on the basis of the report of the City Engineer, and shall notify the developer in writing, by certified mail, of the contents of the report and the action not later than thirty (30) days after receipt of the notice from the developer of the completion of the improvements. Failure of the governing body to send or provide such notification to the developer within thirty (30) days shall be deemed to constitute approval of the improvements, and the obligor and surety, if any, shall be released from all liability pursuant to such performance guarantee for such improvements.

(e) Where partial approval is granted, the developer shall be released from all liability except for that portion of improvements not yet approved.

(Ord. 263-91. Passed 11-12-91.)

1171.03 PERFORMANCE AND MAINTENANCE MECHANISMS.

Performance and maintenance guarantees shall be provided by a variety of means including, but not limited to, the following:

(a) Security Bond. The applicant may obtain a security bond from a surety bonding company authorized to do business in the state.

(b) Letter of Credit. The applicant may provide an irrevocable letter of credit from a bank or other reputable institution.

(c) Escrow Account. The applicant shall deposit cash in escrow with a bank. Interest earned in this account is payable to the developer.

(d) Property. The applicant may provide as a guarantee land or other property.

(e) Subdivision Improvement Guarantee. An applicant may provide as a guarantee a subdivision improvement agreement between the applicant, lender, and local government.

(Ord. 263-91. Passed 11-12-91.)

1175.01 INTENT.

These regulations shall be considered minimum requirements for the protection of the public health, safety, comfort, property or general welfare, pursuant to the authority of the Platting and Land Subdivision Statutes, Chapter 711 of the State of Ohio, or such statutes hereinafter in effect, and shall be construed most favorably to the City as encouraging standards of planning and development exceeding these basic and minimum regulations.

1175.02 MODIFICATIONS.

Where the Planning Commission finds that the land involved in a subdivision is of such size or shape, or is subject to such title limitations, or is affected by such topographical conditions, or is to be devoted to such usage that it is impossible or impracticable in the particular case for the developer to conform fully to a provision of these regulations, the Commission may accept such modification as may be reasonable and within the general intent and purpose of these regulations.

1175.03 APPEALS.

A developer aggrieved by an action of the Planning Commission in regard to refusal to approve a subdivision may, within sixty (60) days after such refusal, appeal to the Ashtabula County Court of Common Pleas to correct errors of law and/or questions of fact.

1175.04 PLANNING COMMISSION MAY PLAT UNSUBDIVIDED AREAS.

The Planning Commission may pursuant to the authority of the Statutes, Chapters 713 and 735 of the Revised Code of Ohio, or such Statutes hereinafter in effect, prepare plans of unsubdivided or improperly subdivided areas showing a pattern of future streets and public open spaces. After the proper public hearing, such plans, or parts thereof, may be adopted by the Commission and recorded, and thereafter no subdivision may be approved and no street may be accepted or improved unless it conforms substantially to such recorded plan; and no application for a permit to construct a building on land shown within the right-of-way of a future street shall be issued until said land has been acquired or reserved for street purposes, but such permit shall not be withheld for a period exceeding ninety (90) days.

1175.05 SCHEDULE OF FEES.

(a) Preliminary Plans. The minimum fee for review shall be $10.00 for each preliminary plan plus 50 cents for each lot exceeding five; plus the fee for an independent analysis when required by the Commission.

(b) Engineering Inspection of the construction of improvements, the fee for inspections shall be not less than the expenses incurred by the City, and the developer shall deposit in a special fund not less than three (3) percent of the estimated cost of the improvements in a fund for such purpose.

1175.06 INTEREST OF OFFICIALS AND EMPLOYEES.

Officials and employees of the City, including members of said office, shall not be employed by or receive compensation from any developer for planning of or in seeking approval of any subdivision or development within the jurisdiction of these regulations.

1175.07 PENALTIES FOR NONCOMPLIANCE.

(a) Violations of Rules and Regulations. Whoever violates any provision of these regulations as duly adopted or fails to comply with any order issued pursuant thereto, shall forfeit and pay not less than $10.00 nor more than $1,000; and each violation shall be considered a separate offense.

(b) Required Improvements to be Installed. The utilities and other improvements required and deemed necessary in the public interest to provide essential services and access to a lot shall have been installed or their installation guaranteed, in conformance with the provisions of these regulations before the recording, sale or lease of a lot.

(c) Transfer of Land before Recording. Whoever, being the owner or agent of the owner of any land located within the jurisdiction of these regulations, transfers any lot, parcel, or tract of such land or in accordance with any plat of a subdivision before such plat has been recorded, shall forfeit and pay a sum of not less than $10.00 nor more than $500.00 for each lot, parcel or tract of land sold. The description of such lot, parcel or tract by metes and bounds in the deed of transfer shall not serve to exempt the seller from the forfeit herein provided. The City may enjoin such sale or agreement by a civil action in any court of competent jurisdiction.

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

1175.08 AMENDMENTS.

Amendments to these regulations may be initiated by the Planning Commission or Council. If initiated by the Council, they shall be referred to the Commission; and after receiving recommendations thereon, the Commission shall hold a public hearing. If the amendment is approved by the Commission, the Council may adopt the ordinance by a majority vote; or is such amendment is not approved by the Commission, said ordinance may be adopted only by a two- thirds vote of the entire membership of the Council.

1175.09 VALIDITY.

If any section, subsection, sentence, clause or phrase of these regulations is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the remaining portion of these regulations.

1175.10 REQUIREMENTS BEFORE EFFECTIVE DATE.

These regulations shall not be construed to require the preparation and recording of a final plat of a subdivision which has been staked out and sales or contract of sales have been lawfully made prior to the adoption of these regulations, or for property sold or contracted for sale according to the description by which it was acquired, or according to an unrecorded play lawfully used prior to the effective date.