These Subdivision Regulations are adopted in order to provide rules, regulations and minimum standards for the subdividing, improving or replatting of land within the corporate limits of the City in order to promote the health, safety, convenience and general welfare of the inhabitants of the City.

(Ord. 1955-5. Passed 3-1-55.)

   (a)   In interpreting and applying the provisions of these Subdivision Regulations, they shall be held to be minimum requirements. They do not prevent other more restrictive requirements.

   (b)   Where these Subdivision Regulations impose greater restrictions upon the use of land or require larger lots or yards than are imposed or required by other codes, laws, ordinances, rules or regulations, these Subdivision Regulations shall govern.

   (c)   Nothing contained in these Subdivision Regulations shall be construed to remove or render inoperative any restriction of land established by restrictive covenants running with the land to which the City is a party.

   (d)   These Subdivision Regulations shall be applicable to all land uses by any political subdivision, district, taxing unit or bond-issuing authority of the State.

(Ord. 1955-5. Passed 3-1-55.)

   These Subdivision Regulations shall apply to any person engaged in the platting, transfer or recording of land and more particularly to the owner or the agent of the owner of any land engaging in subdividing, improving or replatting of land as specifically defined herein, whenever such land may be situated within the corporate limits of Eastlake.

(Ord. 1955-5. Passed 3-1-55.)

   No owner or agent of the owner of any land within the jurisdiction of these Subdivision Regulations, shall transfer any lot, parcel or tract of land from or in accordance with a plat of a subdivision before the plat has been approved by the Planning Commission with such approval endorsed in writing on the plat and the plat has been recorded in the office of the County Recorder; furthermore, no such person shall proceed with any work on the proposed subdivision including grading, which may affect the arrangement of streets, utilities or change the natural course of surface drainage, until he has obtained tentative approval of the proposed subdivision plat and has met the other requirements herein set forth. In addition, upon approval of the Planning Commission for subdividing, the owner of the land is responsible to provide individual storm, sanitary and water services to the property line.

(Ord. 1984-025. Passed 2-14-84.)

   Prior to the approval of any subdivision, resubdivision or construction documents, the developer shall pay or arrange to pay to the City at the per diem rates or charges established by Council the cost of the services to be rendered in connection with the inspection, acceptance and work incident to all required public streets, utilities or facilities deemed necessary and appropriate in the public interest. The payment may be provided for as a part of the contract agreement and bond arrangements. Council may, from time to time, amend the rates or charges.

(Ord. 1955-5. Passed 3-1-55.)

   Narrow reserve strips of land, commonly called devil strips, which are intended by the owner of a plat to prevent access to streets or extension of sewer, water or storm drain lines from one plat to another are prohibited.

(Ord. 1955-5. Passed 3-1-55.)

   Where the Planning Commission finds in specific cases, due to unusual topography or other exceptional conditions, that extraordinary hardships may result from strict compliance with these Subdivision Regulations it may vary the regulations so that substantial justice may be done and the public interest secured, provided that such variation will not have the effect of nullifying the intent and purpose of these Subdivision Regulations, the Master Thoroughfare Plan or any other part of the Master Plan.

(Ord. 1955-5. Passed 3-1-55.)

   The standards and requirements of these Subdivision Regulations may be modified by the Planning Commission in the case of a plan and program for a complete community or a neighborhood unit, which, in the independent judgment of the Commission, provide adequate public spaces and improvements for circulation, recreation, light, air and service needs of the tract when fully developed and populated and which also provide covenants or other legal provisions as will assure conformity to and achievement of the plan and which will not otherwise violate the provisions of the Zoning Code or Zoning Ordinance.

(Ord. 1955-5. Passed 3-1-55.)

   (a)   In granting variances and modifications, the Planning Commission may require such conditions as will, in its independent judgment, secure substantially the objectives of the standards or requirements so varied or modified.

   (b)   Before deciding upon any such variances or modifications, the Commission may give notice to abutting property owners or other persons substantially interested in the proposed change, or it may hold a public hearing thereon.

(Ord. 1955-5. Passed 3-1-55.)

   Where, in order to comply with the requirements of the Planning Commission, it is necessary to acquire property for a street outside of the boundaries of the land to be subdivided, the land required for the street may be acquired by the City, but the expense thereof shall be borne by the owner of the subdivision.

(Ord. 1955-5. Passed 3-1-55.)

   Land subject to inundation or flood hazards by storm water shall not be platted for residential occupancy, nor for such other uses as may increase danger to health, life or property, or aggravate the flood hazard, but such land within the plat shall be set aside for such uses as shall not be endangered by periodic or occasional inundation.

(Ord. 1955-5. Passed 3-1-55.)

   If the Director of Public Service or Health Commissioner finds upon inspection that any of the improvements being installed and constructed, or upon completion, are not in accordance with the plans, specifications or plat in the form in which they were approved, the responsibility of the City to provide services and utilities shall cease.

(Ord. 1955-5. Passed 3-1-55.)

   When the improvements within an existing or proposed street do not conform to the standards and specifications as adopted by Council for the construction of public streets, utility mains, sidewalks and other facilities, Council may:

   (a)   Authorize or otherwise require complete or partial installation of such improvements and may make the installation a condition precedent to the sale or lease of lots in the subdivision or the issuance of a building permit for the improvements of the lots thereon;

   (b)   Require in lieu of actual construction a performance bond or other guarantee or security for the purpose of assuring the installation of the improvements deemed necessary or appropriate in the public interest; or

   (c)   May agree that the improvements will be constructed by the City on petition of the property owners with the cost assessed on the adjacent property according to law.

   It is mandatory for all departments, officials and public employees of the City which are vested with the duty or authority to issue permits or licenses, to conform to the provisions of these Subdivision Regulations and no permit or license shall be issued for any use, building or purpose, if the same would be in conflict with such provisions. Any permit or license, issued in conflict with the provisions of these Subdivision Regulations shall be null and void.

(Ord. 1955-5. Passed 3-1-55.)

   The approval of the Planning Commission required by Section 1111.04, or the refusal to approve, shall take place within thirty days after the submission of the final plat for approval or within such further time as the applying party may agree to; otherwise the plat is deemed approved, and the certificate of the Commission as to the date of the submission of the plat for approval and the failure to take action thereon within such time, shall be issued on demand and shall be sufficient in lieu of the written endorsement or other evidence of approval required by Section 1111.04.

(Ord. 1955-5. Passed 3-1-55.)

   Whenever the public safety, necessity, convenience, comfort, prosperity or general welfare justify the action, and after consideration by the Planning Commission, Council may change these Subdivision Regulations by ordinance.

(Ord. 1955-5. Passed 3-1-55.)

   A proposed amendment of these Subdivision Regulations may be initiated by the Planning Commission, by Council or by owners or lessees of property affected by the proposed amendment.

(Ord. 1955-5. Passed 3-1-55.)

   A proposed amendment of these Subdivision Regulations shall have a public hearing before Council. Notice of the time, place and purpose of the hearing shall be given by publication at least twice in a daily newspaper of general circulation in the vicinity, and the first publication shall be not less than thirty days prior to the date of the hearing.

(Ord. 1955-5. Passed 3-1-55.)

   The Planning Commission shall be allowed not less than thirty days nor more than forty days for consideration of the proposed amendment and may approve or disapprove the amendment, either in whole or in part. If approved, either in whole or in part, Council may adopt the ordinance amending these Subdivision Regulations by a majority vote of Council. If the proposed amendment is disapproved by the Commission, the ordinance may only be adopted by a two-thirds vote of the entire membership of Council. In the event the Commission fails to act within the forty day period, the Commission shall be deemed to have approved the amendment.

(Ord. 1955-5. Passed 3-1-55.)

   In interpreting and applying the provisions of these Subdivision Regulations, they shall be held to be the minimum requirements adopted for the promotion of the public health, safety, convenience, comfort, prosperity or general welfare. Except as specifically herein provided, it is not intended by these Subdivision Regulations to repeal, abrogate, annul or in any way to impair or interfere with any existing provision of law or ordinance, or any rule, regulation or permit previously adopted or issued, or which shall be adopted or issued pursuant to law relating to the use of land; nor is it intended by these Subdivision Regulations to interfere with or abrogate or annual any easement, covenant or other agreement between parties provided, however, that whenever these Subdivision Regulations impose greater restrictions upon the use of land than are imposed or required by the existing provisions of law or ordinance, or by the rules, regulations or permits, or by easements, covenants or agreements, then the provisions of these Subdivision Regulations shall control.

(Ord. 1955-5. Passed 3-1-55.)

   For the purpose of these Subdivision Regulations, certain words used herein are defined as follows in this chapter.

(Ord. 1955-5. Passed 3-1-55.)

   "Building setback line" means the line indicating the minimum horizontal distance between the street line and building or any projection thereof, as specified and required under the Zoning Code.

(Ord. 1955-5. Passed 3-1-55.)

   "Commission" means the City Planning Commission of Eastlake, Ohio.

(Ord. 1955-5. Passed 3-1-55.)

   "Director of Public Service" means the Director of Public Service of Eastlake, or the City Engineer, person or firm employed under his supervision in the review and approval of engineering and surveying matters.

(Ord. 1955-5. Passed 3-1-55.)

   "Easement" means a grant by a property owner of the use, for a specific purpose or purposes, of a strip or parcel of land to the general public, a corporation or to a certain person or persons.

(Ord. 1955-5. Passed 3-1-55.)

   "Lot" means a portion of a subdivision or other parcel of land intended for transfer of ownership or for building development.

(Ord. 1955-5. Passed 3-1-55.)

   "Master Plan" means the comprehensive plan or a part thereof adopted by the City Planning Commission, providing zoning regulations for the use and location of buildings; recommendations for the location and development of major streets, public parks, public building sites, public utilities; and indicating other community objectives.

(Ord. 1955-5. Passed 3-1-55.)

   "Plat" means a map of a tract or parcel of land.

(Ord. 1955-5. Passed 3-1-55.)

   "Subdivision" means:

   (a)   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; however, the following shall be exempted: the division or partition of land into parcels of more than five acres which does not involve any new streets or easements of access and the sale or exchange of which does not create additional building sites; or

   (b)   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.

      (Ord. 1955-5. Passed 3-1-55.)

   "Street" means any public or private way for vehicular traffic, set aside as a permanent right of way for street purposes including arterial, collector, marginal accessways or thoroughfare.

(Ord. 1955-5. Passed 3-1-55.)

   "Subdivision Regulations" means Ordinance 1955-5, passed March 1, 1955, as amended, which is codified as Title Three of Part Eleven of the Codified Ordinances.

(Ord. 1955-5. Passed 3-1-55.)

   The procedure outlined in this chapter shall serve as a guide to the subdivider for the submission of the preliminary subdivision layout plans for the installation of physical improvements as required.

(Ord. 1955-5. Passed 3-1-55.)

   The subdivider shall submit four copies of the preliminary subdivision layout plans to the Planning Commission. The Commission shall retain two copies and transmit two copies to the Director of Public Service for a report thereon.

(Ord. 1955-5. Passed 3-1-55.)

   The Planning Commission shall then consider the subdivision plans with the reports thereon and either approve, disapprove or withhold formal action thereon within such further time as the applying party may agree to. The ground for refusal or approval, including citation of or reference to the rule or regulation violated, shall be stated upon the records of the Commission. The Commission shall normally indicate its approval by notation on one copy of the plans for the subdivider's records.

(Ord. 1955-5. Passed 3-1-55.)

   After preliminary approval, the subdivider may then prepare his final drawings for construction or installation of the streets, sewers, water, storm drainage or other required improvements. These final drawings shall be submitted to the Director of Public Service for approval before proceeding with any construction. The developer of all subdivisions shall furnish strip-maps to facilitate assignment of addresses and utility permit numbers. The strip-maps shall meet the requirements of the Director of Public Service.

(Ord. 1979-124. Passed 6-26-79.)

   The final plat may be approved by the Planning Commission providing that a construction agreement and performance bond or other guarantee or security acceptable to the Director of Law and Director of Public Service is given for the purpose of assuring the installation of the improvements deemed by the Commission to be necessary and appropriate to the public interest. The performance agreement and security may be made under such conditions and time limitations as Council may determine, but shall not include any improvements or facilities which do not directly affect the lots to be improved or sold.

(Ord. 1977-122. Passed 7-12-77.)

   The subdivider shall submit the final plat of the subdivision in a reproducible tracing form to the Planning Commission, together with at least one print thereof. The Commission will transmit the tracing to the Director of Public Service for a final check, including closures, and for a written report as to whether the performance requirements have been accepted by Council.

(Ord. 1977-123. Passed 7-12-77.)

   The final plat of the subdivision, when approved by the Planning Commission, shall have the approval endorsed thereon, whereupon the tracing shall be retained by the City until it is delivered to the County Recorder for record. All fees required in connection with the recording of the plat shall be paid by the property owners causing the same to be made.

(Ord. 1955-5. Passed 3-1-55.)

   After the final plat has been recorded and the required physical improvements in the streets are made, an ordinance accepting and establishing such a street for public use may be passed by Council, or the Director of Public Service shall, upon written request by the owner of land upon which the street has been constructed, check the construction and if the Director finds that the street has been constructed in accordance with the specifications set forth on the approved plat, and that the street is in good repair, then the findings, endorsed on the approved plat, shall constitute an acceptance of the street for public use by the City.

(Ord. 1955-5. Passed 3-1-55.)

   The Planning Commission shall not give final approval for the recording of a subdivision final plat until the subdivider has installed or has entered into a contract with the City in accordance with Section 1115.05 for the ultimate installation in accordance with the requirements contained in Chapters 1333 and 1363 of the Building Code of the following:

   (a)   Underground communication cables.

   (b)   Underground distribution cables for power and street lighting from a common distribution system, and the equipment and housing necessary in the operation of the distribution system.

   (c)   Adequate provision for street light lamps and standards in accordance with a design approved by Council.

      (Ord. 1967-70. Passed 3-14-67.)

   The preliminary plat is intended to precede and supplement the final plat of the subdivision which is to be recorded. Its purpose is to show all facts needed to enable the Planning Commission and the administrative officials of the City to determine whether the layout of the land in question and the physical improvements are satisfactory from the standpoint of the public interest.

(Ord. 1955-5. Passed 3-1-55.)

   While the plans of a proposed subdivision are still in preliminary form, the subdivider shall consult with the Director of Public Service with respect to subdivision requirements, zoning provisions, Master Thoroughfare Plan, standard specifications governing public improvements, and performance agreement and bond requirements. In addition to the foregoing required consultation, the subdivider shall submit the preliminary plat to all utility companies serving the subdivision for consultation and recommendation as to requirements for adequately, conveniently and safely serving the subdivision. The utility companies shall note the fact of submission of the preliminary plat, the consultation, and recommendations, if any, upon the plat or an accompanying document.

(Ord. 1967-69. Passed 3-14-67.)

   The preliminary layout of the subdivision should be made by a qualified technician, trained in the design and planning of subdivision developments. All required engineering and surveying work must be performed by or under the supervision of a registered engineer or surveyor, as the case may be in accordance with the provisions of the Engineers and Surveyors Registration Act of the Ohio Revised Code.

(Ord. 1955-5. Passed 3-1-55.)

   The preliminary subdivision plan must be legible and drawn to scale, but it may be in part a freehand linear drawing in pencil on tracing paper. The reproductions submitted for approval should preferably be black-on-white prints instead of blue prints. Sheet sizes shall be multiples of six inches in any direction with the final plat not to exceed thirty-six inches by forty-eight inches. The following graphic and descriptive items in Sections 1117.05 to 1117.07 are normally required to be shown on such plans.

(Ord. 1955-5. Passed 3-1-55.)

   The preliminary plat shall contain the:

   (a)   Proposed name of the subdivision.

   (b)   Location by part of government, subdivision, section, range, tract, lot, sublot, township, city, county, state.

   (c)   Names and addresses of the owner, developer, surveyor or engineer preparing the plat.

   (d)   Scale of plat at one inch equals fifty, forty, thirty or twenty feet.

   (e)   Date.

   (f)   North Point.

(Ord. 1955-5. Passed 3-1-55.)

   The preliminary plat shall contain the:

   (a)   Boundary of the proposed subdivision indicated by a heavy, solid line and the approximate acreage comprised therein.

   (b)   Location, width, and names of all existing or platted streets or other public ways; railroads and utility rights of way; parks and other public open spaces; permanent buildings; section and corporation lines; within or adjacent to the tract.

   (c)   Existing storm and sanitary sewers, water mains, culverts, within tract or adjacent thereto, with pipe sizes and profile grades and depths indicated.

   (d)   Drainage ditches or channels, and other significant physical features.

   (e)   Names of abutting subdivisions or owners of abutting unplatted property.

   (f)   High water elevations in vicinity of rivers and lakes.

   (g)   Existing contours with intervals of not more than five feet where the slope is greater than ten percent and not more than two feet where the slope is less than ten percent. However, one foot contours are recommended and will be required in relatively flat topography. Elevations shall be based on sea level datum. Certain contour maps of the City are on file and information may be obtained therefrom.

   (h)   Description of existing bench mark used or source of survey data.

      (Ord. 1955-5. Passed 3-1-55.)

   The preliminary plat shall contain the:

   (a)   Layout of streets, including names and widths of proposed streets, and widths of alleys, crosswalkways and easements. Proposed street names shall not duplicate or too closely approximate, phonetically, the name of any other street in Eastlake. The streets shall be numbered in accordance with the existing system. Street names and numbers shall be subject to the approval of the Planning Commission.

   (b)   Lot lines, approximate dimensions and lot numbers.

   (c)   Parcels of land intended to be dedicated or reserved for public use, with deed covenant or the conditions of the dedication or reservation.

   (d)   Typical street cross-sections at a scale not smaller than one-half inch equals one foot showing widths of roadways, and location and widths of sidewalks.

   (e)   Profile of each street, with tentative grades, including adequate extensions, to show relation to other streets beyond the subdivision boundaries.

   (f)   Plan and profile of proposed sanitary and storm sewers with grades and pipe sizes. These shall include connections to outlets where located beyond boundaries of subdivision.

   (g)   Statement that water mains, fire hydrants and other appurtenances will be installed in accordance with the rules and regulations and under the supervision of the City or County supplying water to the subdivision.

   (h)   Building setback lines, shown graphically along all streets, with dimensions and where applicable shall conform to the prevailing zoning regulations.

   (i)   Indication on any lots on which a use other than a single-family residence is proposed by the developer.

      (Ord. 1955-5. Passed 3-1-55.)

   The standards and details of design, set forth in this chapter shall be interpreted as minimum requirements. In applying and adjusting these requirements to the plat, the subdivider should use design and improvement standards consistent with the site conditions and intended use of the land so as to assure an economical, functional and durable development.

(Ord. 1955-5. Passed 3-1-55.)

   (a)   Master Thoroughfare Plan. Streets shall conform substantially to the Master Thoroughfare Plan. Whenever a tract to be subdivided includes any part of a thoroughfare as shown on the adopted plan, such part shall be dedicated for street purposes by the subdivider.

   (b)   Continuation of Existing Streets. Proposed streets shall provide for the continuation, connection or projection of streets in surrounding areas, or conform to the plan for the neighborhood as approved or adopted by the Planning Commission.

   (c)   Circulation. The street pattern shall provide ease of circulation within the subdivision but the minor streets therein shall be so laid out as to discourage through traffic. Insofar as practical, the street arrangement should also provide proper access to schools, playgrounds, transportation and other community features.

   (d)   Street Intersections. Street intersections shall be as near to right angles as possible and no street shall intersect any other street at less than sixty degrees.

   (e)   Dead-end Streets. Dead-end or cul-de-sac streets, designed to be so permanently, shall not be longer than 600 feet and shall be provided with a permanent turn-around at the terminal end. Whenever a street over 150 feet in length is to be temporarily dead-ended, an interim turnaround is required.

   (f)   Half Streets. Half streets are prohibited. Whenever a half street is adjacent to a tract to be subdivided, the other half of the street shall be platted within such tract.

   (g)   Street Jogs. Street jogs shall be avoided whenever possible; however, where permitted, those over ten feet shall be at least 125 feet apart as measured along the centerline off-sets.

   (h)   Topographical and Cultural Features. In sloping terrain, streets shall generally run parallel to the contour of the land or cross at slight angles therewith to avoid steep street grades and the concentration of storm surface runoff. Appropriate treatment shall be given toward the preservation of existing views, wooded areas, creeks and other attractive natural features of the plat.

   (i)   Alleys; Service Roadways. Alleys in residential developments are generally prohibited. Service roadways are generally required in commercial and industrial developments, except where other provisions for suitable access and off-street loading and unloading are assured.

   (j)   Portion of Tract. Where the plat to be submitted includes only part of the tract owned by the subdivider, the Commission may require topography and a sketch layout of the future street system on the unsubdivided portion.

   (k)   Relation to Major Streets. Where a new subdivision involves frontage along heavily travelled arterials, limited accessways, freeways or parkways, it is recommended and the Commission may require the subdivider to provide vehicular access to such frontage by one of the following methods:

      (1)   A parallel street, supplying frontage for lots backing onto the trafficway.

      (2)   A series of dead-end or short loop streets entered from and planned at right angles to a parallel street, with their terminal lots backing onto the trafficway.

      (3)   An access drive separated by a planting strip from the trafficway to which vehicular access from the drive is provided at points suitably spaced.

   Where any one of the above methods is used, deed covenants or other means shall be provided to prevent any private driveways from having direct access to the trafficway.

   (l)   Frontage Along Railroads. If a railroad is involved, it is recommended and the Planning Commission may require the subdivider:

      (1)   To so arrange his plat, where necessary, to permit future grade separation at highway and railroad crossings.

      (2)   To border the railroad with a parallel street at a sufficient distance to provide deep lots backing onto the railroad, or to provide, through deed covenant, a permanent buffer strip suitable for screen planting or another use compatible to the intended use of the subdivision.

      (3)   To provide dead-end streets at right angles to the railroad with the rear of the terminal lots toward the railroad.

         (Ord. 1955-5. Passed 3-1-55.)

   (m)   Street Identification Signs; Traffic Control Devices.

      (1)   Street identification signs shall be provided and installed by the developer in accordance with a plan to be furnished by the Director of Public Service; such signs shall be according to City specifications for street identification signs on file in the office of the Director of Public Service.

      (2)   Traffic control signs and other devices shall be provided and installed by the developer in accordance with a plan to be formulated by the Chief of Police; such signs and other devices shall meet specifications for traffic control as may be provided by the Chief of Police.

      (3)   No street shall be accepted by the City in accordance with Section 1115.08 until the provisions of this subsection have been complied with by the developer.

         (Ord. 1968-40. Passed 3-12-68.)

   (a)   Typical Street Standards. The Planning Commission will determine the required minimum dimensional standards of all rights of way, pavements, sidewalks and other public improvements but shall consider the recommendations of the Director of Public Service in doing so. The typical street requirements shall be as follows:

   (b)   Grades. Minimum grades on any street shall be one-half of one percent at gutters for purposes of drainage and not more than six percent for major streets nor ten percent for minor streets wherever feasible; streets shorter than 500 feet, twelve percent.

   (c)   Street Alignment.

 

 

         A tangent at least 100 feet long shall be introduced between reverse curves on major or collector streets and at least fifty feet on minor streets.

   (d)   Intersections. Property lines at street intersections shall be rounded with a radius of at least thirteen feet and curbs or edges of street pavements shall be rounded by radii of at least twenty-five feet for residential, and fifty feet for industrial or major street intersections.

(Ord. 1991-121. Passed 6-25-91.)

   (a)   Grading and Paving. Streets shall be graded to full width and fully constructed with sidewalks, curb gutters and a type of roadway approved by the Director of Public Service, and in accordance with the City's specifications. In order to avoid steep banks, grading for roads shall be carried onto lots fronting thereon to produce a pleasing natural effect. In residential subdivisions where the majority of the lots are not less than eighty feet in width:

      (1)   The Planning Commission may waive the requirement for curb and gutters, provided the storm sewers and surface drainage facilities are arranged to eliminate any need for separate culverts at entrance driveways and the streets are to be sixty feet in right-of-way width.

      (2)   The Commission may waive the requirements for sidewalks on one or both sides of minor streets, where, in the opinion these are not necessary to safeguard the safety of pedestrians or otherwise useful to the intended occupants of the plat.

   (b)   Water Supply.

      (1)   Adequate water supply and distribution system, water mains and fire hydrants connecting the City's water system shall be installed or provided for by the subdivider, subject to the approval of the Director of Public Service.

      (2)   In case a public water source is not immediately accessible and development of the subdivision would, in the opinion of the health and sanitary agencies involved, jeopardize the health and safety of the public, the Commission shall then withhold its approval of such subdivision if it is satisfied that a public water source will become accessible within a reasonable period of years.

      (3)   Water systems shall be submitted for approval to the Director of Public Service, County Health Commissioner or State Director of Health as may be required.

         (Ord. 1955-5. Passed 3-1-55.)

      (4)   Water line size in all industrial and commercial areas shall be twelve inches diameter minimum. Water line size in other areas shall be eight inches diameter minimum.

         (Ord. 1979-125. Passed 6-26-79.)

      (5)   All water lines shall have five foot minimum cover over the pipe.

         (Ord. 1979-126. Passed 6-26-79.)

      (6)   Fire lines, where extended to serve industries shall be eight inches minimum diameter. Hydrants shall be located such that no part of the building is more than 300 feet from the hydrant as the hose lies.

         (Ord. 1979-127. Passed 6-26-79.)

      (7)   No utilities shall be located under the pavement, except where crossing the street.

         (Ord. 1979-147. Passed 7-10-79.)

   (c)   Sanitary Sewers and Facilities.

      (1)   Where a public sanitary sewer is reasonably accessible, the subdivider shall connect or provide for the connection with the sanitary sewer and shall provide within the subdivision the sanitary sewer system required to make the sewer accessible to each lot. Sewer systems shall be submitted for approval of the Director of Public Service, County Health Commissioner or State Director of Health as may be involved.

      (2)   In case the area in question faces the prospect of remaining indefinitely without a public sanitary sewer system, the Commission may request a report from the public health sanitary agencies involved concerning the effect of the lack of a public sanitary sewer system on the intended use and the community, and the suitability of the soil characteristics, topography or other conditions for the installation of septic systems or other sanitary devices as may be proposed. The Commission, in approving the plat, shall impose the requirements or conditions with respect to the area and frontage of lots for installation of septic tanks or other sanitary facilities as it may deem necessary for the protection of adjacent properties and the public interest. Lot areas of at least 20,000 square feet, with at least 100 feet of frontage will generally be required for residential use.

         (Ord. 1955-5. Passed 3-1-55.)

      (3)   No utilities shall be located under the pavement, except where crossing the street.

         (Ord. 1979-148. Passed 7-10-79.)

   (d)   Storm Drainage. Storm drainage facilities shall be installed or provided for by the subdivider, subject to the approval of the Director of Public Service and the City's specifications. Such facilities shall include all culverts, gutters, catch basins, manholes, sluices, drainage pipe, grading of slopes and ditches necessary to eliminate the collection of surface water along streets and at street intersections; and all piping, grading or ditching necessary to take care of all low areas or the drainage of any natural watercourse made necessary in the development of the building sites or streets. Storm drainage including drain tile around basements shall not be permitted to empty into any sanitary sewer. In providing surface water drainage, the developer of residential lots shall, whenever possible, maintain the land in its natural state and shall not remove live, growing trees from areas behind the rear building lines unless the removal is necessary to provide for the unimpeded construction of dwellings or necessary to provide for the quiet and peaceful enjoyment of the property. No utilities shall be located under the pavement, except where crossing the street.

(Ord. 1968-41. Passed 3-12-68; Ord. 1979-149. Passed 7-10-79.)

   (e)   Monuments. Monuments shall be placed at all block corners, angle points, points of curves in streets, and at intermediate points as required by the Director of Public Service. The monuments shall be of the material, size and length as may be approved by the Director of Public Service or conforming to the City's standard specifications. Monuments of iron rods not less than three-fourths inches in diameter and two feet in length shall also be securely placed at all lot corners and at all changes in the alignment of street lines.

(Ord. 1955-5. Passed 3-1-55.)

   (f)   Driveways and Driveway Aprons. Before a certificate of occupancy may be issued by the Building Department for any dwelling within a new subdivision, a driveway for vehicular traffic must be installed in accordance with the following minimum specifications:

      (1)   Driveways.

         A.   All residential subdivisions constructed after September 9, 1958, only one driveway/apron shall be permissible in all residential subdivisions. Any additional curb cuts/driveways shall be allowed by permission granted by the Chief Building Official/Service Director only. The additional curb cut may be granted for health, safety and welfare of the City. The driveway shall conform to the following standards: slope away from the house, be of four inch thickness of concrete, 6 sack mix, over a base of one to three inch stone, four inches deep, compacted to ninety percent proctor density, or of six inch thickness concrete, 6 sack mix, over compacted earth.

         B.   Where there is no garage or where there is a single car garage, the driveway shall be at least ten feet wide. Where there is no garage, the driveway shall extend to the rear main building line.

         C.   For double garages with sixty feet setbacks, the driveway shall be at least eighteen feet wide. For double garages with greater than sixty feet setbacks, the driveway may be ten feet wide but must be widened to at least eighteen feet for a distance of at least twenty-five feet in front of the garage to provide access to both stalls.

         D.   For installation over existing stone driveways in established neighborhoods, the following minimum standards shall apply:

            1.   Three-inch final thickness, highway surface grade asphalt (closed pore) and seal driveway within two weeks.

            2.   Or four-inch concrete slab, 6 sack mix.

            3.   Where required by the Chief Building Official, all soft spots will be dug out and filled with one to three-inch size stone and compacted to provide a suitable base.

         E.   Where a mud driveway or non driveway exists, the specifications for new subdivisions constructed after September 9, 1958, shall apply.

      (2)   Driveway aprons.

         A.   Driveway aprons shall be the same width as the driveway at the property line and flare to at least three feet wider per side at the curb line or pavement edge where no curb exists.

         B.   Aprons in new subdivisions shall be six inches in thickness of concrete, 6 sack mix, over a base comprised of the same material for the driveway.

         C.   An eight inch minimum diameter culvert must be installed below every apron which has a roadside trench leading to the apron or where adjacent properties having existing culverts, whichever applies.

            (Ord. 1996-212. Passed 9-24-96.)

   (g)   Tree Planting: Each developer or subdivider of land shall plant trees within the tree lawn, which is the area between the improved portion of the street, road or highway and the property line, exclusive of driveways and sidewalks.

   The developer or subdivider of land shall plant at least one tree as above mentioned. Each tree shall be at least three inches in caliber or more.

   The species, size and general location of such tree or trees shall be subject to the approval of the Park and Shade Tree Commission.

   In the event the developer or subdivider is proceeding under the provisions of Section 1115.05, the City Engineer shall estimate the total cost of the planting of trees in the subdivision together with an estimate of the cost of replacement of trees within one year of planting. Such estimate shall not exceed two hundred dollars ($200.00) for each sublot within the subdivision and the developer or contractor shall include in the contract, as provided in Section 1115.05, his promise to plant and maintain the trees as herein required and include an additional performance bond in the amount as estimated by the Engineer.

(Ord. 2001-109. Passed 12-11-01.)

   (h)   Landscaping of Cul-de-sacs. Where a subdivision of land includes streets with cul-de-sacs and the cul-de-sac portion of the street is to remain unpaved, the developer shall cause the unpaved portion of the cul-de-sac to be planted and landscaped in accordance with the recommendations of the Park and Shade Tree Commission.

   In the event the developer or subdivider is proceeding under the provisions of Section 1115.05, the City Engineer shall estimate the total cost of the landscaping and planting of cul-de-sac areas within the subdivision together with an estimate of the cost of replacing the landscaping within one year of the date of planting, and the developer or subdivider shall include in the contract, provided for in Section 1115.05, his promise to perform as specified herein and include an additional performance bond in the amount estimated by the City Engineer.

(Ord. 1968-83. Passed 6-11-68.)

   (a)   Blocks.

      (1)   Block lengths should usually not exceed 1600 feet, or be less than 600 feet. Pedestrian crosswalks may be required under certain conditions, but should be avoided through proper block length and street design whenever possible.

      (2)   The width of a block shall normally be sufficient to allow two tiers of lots, to conform to the zoning requirements or to provide building sites suitable to the special needs of the type of use contemplated.

      (3)   The depth and width of properties laid out or reserved for commercial and industrial purposes shall be adequate to provide for the off-street service and parking facilities required by the type of use and development contemplated. Suitable buffer and easement areas may be required, where deemed essential.

   (b)   Lots.

         A.   Lot dimensions shall conform to the requirements of the Zoning Code.

         B.   Building sites or lots, relying on septic systems shall conform to the provisions specified in Section 1119.04(b) and (c).

         A.   Building setback lines shall be shown on the plat and reference thereto made in the deed restrictions.

         B.   The established setback for detached accessory buildings at the rear of a corner lot shall not be closer to the street than the setback line for the main building on an adjoining butt lot.

         C.   It is recommended that a setback building line of at least forty feet in depth in conformity with the Zoning Code be established along residential lots having their frontage on a major trafficway.

            (Ord. 1973-118. Passed 6-12-73.)

         No subdivision plan shall be approved unless the developer has made provision for deeding to the City for park, playground and recreation purposes a parcel, approved by the Commission amounting in area to not less than five percent of the total area of the proposed development, provided however, that no parcel shall be approved if less in area than one acre.

         If five percent of the total area is less than one acre, or if no parcel within the development is approved for park, playground or recreation purposes, or at the option of the developer, the developer may:

         A.   Acquire, and deed to the City for park, playground and recreation purposes any parcel, approved by the Commission, located in any part of the City and conforming to the minimum area requirements set forth above.

         B.   Contribute to a Special Recreation and Land Acquisition Fund, which is hereby established, an amount equal to one hundred dollars ($100.00) per lot. The Special Recreation and Land Acquisition Fund contribution must be paid prior to any permits being issued.

         C.   A fee shall not be assessed for lot splits created on existing roads.

            (Ord. 1994-121. Passed 7-12-94.)

   (a)   In all cases where concrete paving is specified, required, petitioned for and prescribed, such concrete paving shall be in accordance with and comply with the standards, specifications, profiles and designs as prescribed by the City Engineer under the date of April 1956, and particularly known as "Residential Street Pavement - One Course Concrete, Roll Integral Curb", and shall be in accord with the following printed specifications marked Exhibit "A":

RESIDENTIAL STREET PAVEMENT - ONE COURSE CONCRETE

WITH ROLL INTEGRAL CURB

SUBGRADE

   Subgrade shall be prepared in accordance with "State of Ohio, Department of Transportation, Construction and Materials Specifications", Item 203.

PAVEMENT AND CURBS

MATERIAL:

   Concrete shall meet the requirements for Class "C" Concrete, in the "State of Ohio, Department of Transportation, Construction and Materials Specifications".

CURB CONSTRUCTION:

   Placing concrete:

   The concrete shall be placed and spaded sufficiently to eliminate voids and so that the curb and slab form an integral unit free from honeycomb after the finishing and placing have been completed.

   Expansion joints:

   The expansion joints in the slab shall be carried through the integral curb.

   Contraction joints:

   Contraction joints in the integral curb shall be placed at all contraction joints in the slab and shall be of the same type of construction.

   Finishing:

   The edges and back top edge of the curb and all transverse joints and planes of weakness shall be rounded with an approved finishing tool having a radius of one-fourth inch. The face of the curb, at the top of all curb and at the bottom of the integral curb, shall be rounded with approved finishing tools, having a radii shown on the drawings. The exposed surfaces of the curb shall be finished smooth and even. Neat cement shall not be used as a dryer to facilitate the finishing surface.

PAVEMENT CONSTRUCTION:

   Placing concrete:

   The mixed concrete shall be deposited on the subgrade to the required depth in successive batches and in continuous operation without the use of bulkheads between joints. After placing, the concrete shall be struck off to the paving cross section and finished by an approved method to give a smooth surface.

   Contraction joints:

   Longitudinal and transverse dummy groove contraction joints shall be constructed at the locations shown on the drawings by cutting with a saw to the depth shown after the concrete has hardened sufficiently to permit sawing without damage to the pavement.

   The joint shall be filled with a poured joint filler.

   Transverse expansion joints:

   Expansion joints shall be constructed as shown on the drawings. The bottom of the premolded filler shall be set one-half inch below the bottom of the pavements. The premolded filler shall be set and held in a vertical position and shall be supported by a metal cap not less than twelve feet in length. The joint shall be free from concrete and the end of the joint cleaned of hardened concrete as soon as the forms are removed.

   (b)   The foregoing requirements of this section shall be considered to be the City's specifications as referred to in this chapter and particularly in Section 1119.04(a).

   (c)   Facsimiles of such plans, specifications, profiles and designs shall be at all times on file in the office of the Director of Public Service and shall be required to be a part of any contract henceforth let for such type of paving in the City.

(Res. 1958-154. Passed 9-9-58.)

   Each developer or subdivider shall plan for the installation of appropriate street lighting within each phase on new subdivision developments in the City. Later developed phase(s) of an existing subdivision shall be lighted with the same basic type of light source as the original subdivision for purposes of consistency. New developments shall be lighted with high pressure sodium. All subdivision lighting shall be underground fed ornamental post top lighting mounted on a decorative pole. The decorative pole must meet engineering specification standards of the C.E.I. Company. Each proposed street lamp shall be located as approved by the City as identified by the C.E.I. Company on its construction drawings for the subdivision. Such street lighting shall be installed when thirty percent (30%) or more of the subdivision is completed.

   All costs associated with the installation and operation of the underground fed ornamental street lighting system shall be the responsibility of the developer for a period of three years or until such time as the development is completed. Thereafter, the operating costs for the street lighting system will be assessed to the homeowner of that subdivision. Monthly billing will be rendered by the Illuminating Company after the first full month of installation of the street lighting system and such operating costs will be added to the City's overall monthly street lighting billing. The developer shall be billed for all operating costs associated with the ornamental underground fed street lighting system in the subdivision by the City until such time as the homeowner's street lighting assessment becomes operative and is legally in force.

(Ord. 1988-080. Passed 5-29-88.)

   The final plat of a subdivision is the official record and shall be drawn with black India ink on tracing cloth not to exceed thirty-six inches by forty-eight inches in sheet sizes. The final plat shall not be approved by the Planning Commission prior to completion or assurance of completion of all physical improvements required in the approval of the preliminary subdivision plans. The following items found in Sections 1121.02 to 1121.04 are normally required to be shown on the final plat of subdivision.

(Ord. 1955-5. Passed 3-1-55.)

   The final plat shall contain:

   (a)   The name of the subdivision.

   (b)   The location by section, range, tract, lot, sublot, township, city, county, state.

   (c)   The names and addresses of the owner and engineer.

   (d)   The scale, not smaller than one inch equals fifty feet.

   (e)   The date.

   (f)   The north point.

      (Ord. 1955-5. Passed 3-1-55.)

   The final plat shall contain:

   (a)   The boundary of the plat, with accurate distances and bearings, and its acreage.

   (b)   The exact location and width of all streets, alleys and crosswalks within adjoining plat.

   (c)   The true bearings and distances to the nearest established street lines, political subdivision boundaries, section or patent corners, or other official monuments.

   (d)   The names of streets within and adjoining the plat.

   (e)   The lengths of all street centerline curves, radii, internal angles, points of curvature and tangent bearings. A note should state whether distances shown are measured along the chords or the arcs of curves.

   (f)   All easements for rights of way provided for public services or utilities, and any limitations of the easements.

   (g)   All lot numbers and lines, with accurate dimensions in feet and hundredths, and with bearings or angles related to street, alley or crosswalk lines. In case of replatting the reassignment or deletion of lot numbers, block numbers or name of original plat shall be shown in a manner satisfactory to the County Recorder.

   (h)   Accurate description of location, material and sizes of all monuments. Monuments should normally be shown at all angle points in the boundary, at all points of tangency and curvature, and at all intersection of streets with streets and boundary. The distances, bearings and curve data between them shall be marked on the plat.

   (i)   Accurate outlines of any areas to be dedicated for public use, with the purpose indicated thereon, and of any area to be reserved by deed covenant for common use of all property owners in the subdivision.

   (j)   The building setback lines, shown graphically along all streets, with dimensions.

      (Ord. 1955-5. Passed 3-1-55.)

   (a)   Protective covenants shall either be shown on the plat or they may be recorded as a part thereof in the form of a separate instrument provided appropriate reference thereto is plainly shown on the plat. The final plat shall also contain:

   (b)   Certification by a registered, professional civil engineer or surveyor to the effect that the plat represents a correct survey made by him and that all the monuments shown thereon actually exist, and that their location, size and material are shown.

   (c)   A signed and notarized certification by the owner or owners, of his or their adoption of the plat, and dedication of streets and any other public areas. All such signatures should be written with India ink.

   (d)   Space for statement of approval by the Planning Commission with lines for signature and date.

(Ord. 1955-5. Passed 3-1-55.)

   The following forms in Sections 1123.02 to 1123.06 have been approved by the Planning Commission for use on final subdivision plats.

(Ord. 1955-5. Passed 3-1-55.)

   We, the undersigned, being all of the owners and lien holders of the lands herein platted, do hereby voluntarily consent to the execution of the said plat and to dedicate the street, (park or public grounds), as shown hereon to the public use forever.

   We also hereby dedicate easements, to run with the land, for water, sewer, gas, electric, telephone or other public utility lines or services under, on or over those certain strips of land designated hereon as "Utility Easements".

 

 

   (This form shall not appear on plat unless or until the Director of Public Service so authorizes.)

   This will certify that upon written request of the owners of the land herein (dedicated or offered for dedication) as public streets, I have checked said streets and find they conform with the specifications set forth on this plat as approved by the Eastlake City Planning Commission, and that such streets were in good repair; and further this endorsement shall constitute an acceptance of said streets for public use by the City of Eastlake on                        , 19         .

   (Sign using India Ink)    Signature and Title

               City of Eastlake, Ohio

(Ord. 1955-5. Passed 3-1-55.)

   KNOW ALL MEN BY THESE PRESENTS:

   That we                                          as Principal and                               as surety, are held and firmly bound unto the City of Eastlake, County of Lake, and State of Ohio, in the just and full sum of                         ($              ) Dollars, for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns jointly and severally, firmly by these presents.

   The condition of the foregoing obligation is such that

   WHEREAS, said Principal will make the following improvements. All public improvements and other work as set forth to be done and performed in accordance with the plans, specifications and provisions of the agreement executed between said Principal and the Council of the City of Eastlake, for the development and improvement in (Name of Subdivision) Plat stated in Section                 , Town                    , Range                  , Lot                  , Tract                    , Eastlake, Ohio.

   NOW, THEREFORE, if the above bonded Principal shall fully and faithfully perform all work specified to be done and performed by the agreement executed between the Principal of this Bond and the Council, of the City of Eastlake, and within the time prescribed, and in accordance with the plans, specifications and provisions therefor, to which reference is here made, the same being a part thereof, as if fully incorporated herein; then this obligation shall be void upon the delivery to the Principal of a statement signed by the Director of Public Service, of the completion to the satisfaction of the Director of Public Service; otherwise to remain in full force and effect in law; it being expressly understood and agreed that the liability of the surety for any or all claims hereunder, shall in no event exceed the penal amount of this obligation as herein stated.

   The said Surety hereby stipulates and agrees that no modifications, omissions or additions, in or to the terms of said agreement, or in or to the plans or specifications therefor, or any extension of time, shall in any wise effect the obligations of said Surety on its bond.

 

 

   THIS AGREEMENT, entered into this            day of                   , 19          , by and between The City of Eastlake, a municipal corporation of the State of Ohio, by the Council thereof, hereinafter called the CITY, and                  , hereinafter called the SUBDIVIDER.

WITNESSETH:

   In consideration of the mutual promises herein contained the CITY on behalf of itself and the SUBDIVIDER, on behalf of himself, his heirs, executors, successors and assigns, do hereby covenant and agree as follows:

   Article 1. The CITY upon execution of this AGREEMENT and the bond for the faithful performance of this agreement, agrees to release the SUBDIVIDER'S plat of subdivision entitled                                                       as stated in Tract                   Lake County, Ohio, for filing and recording in the office of the County Recorder prior to the completion of the public improvements shown on the above named Plat, and those further shown and set forth to be done performed by the engineering drawings and specifications marked as follows, all of which are hereby made a part thereof:

 

 

   Article 2. The SUBDIVIDER agrees at his own cost and expense to do all the work, as hereinbefore described and under the conditions expressed in any material and labor or faithful performance bond executed therefor, and to furnish all the materials (except such as are mentioned in the specifications to be furnished by the CITY) necessary to construct and complete such work in a good and substantial manner to the satisfaction of the CITY.

   And further as may be applicable, all streets, alleys, and other public ways shall be graded to their full width, including side slopes, to a grade approved by the Director of Public Service; gutters shall be shaped along the curb lines; the roadways shall be crowned, graveled and surface treated, or otherwise improved to the specifications and satisfaction of the Director of Public Service; underground storm water drainage, such as sluices, culverts or pipe sewers in order to eliminate the collection of surface water in any low area and to take care of the drainage of any natural watercourse, made necessary by the grading of the street, shall be constructed, and sanitary sewers and water mains and connections for both shall be installed in accordance with the approved lot layout.

(Ord. 1955-5. Passed 3-1-55.)

   Article 3. The SUBDIVIDER agrees that no certificate of occupancy shall be issued by the Building Inspector unless and until a concrete apron in accordance with the specifications of the Director of Public Service has been installed from the paved portion of the street to the property line, for each lot upon which a dwelling has been constructed. The SUBDIVIDER agrees to perform the work for the construction of the public improvement within one year from the date of this agreement, which is hereby fixed by the CITY as a reasonable period, but an extension of time may be granted if approved by the CITY.

(Ord. 1961-170. Passed 5-31-61.)

   Article 4. The SUBDIVIDER agrees further to execute bond, equal to the cost of construction based on an estimate furnished or acceptable to the Director of Public Service, and to the satisfaction of the CITY to insure the faithful performance of this agreement: