(a)   No plat of a subdivision of land within the City shall be recorded until it has been approved by the Planning and Zoning Commission and such approval has been confirmed by Council and the approval of both the Commission and Council has been endorsed on the plat. However, no plat of a subdivision of land within the City involving the dedication or the vacation of any public street, alley or highway shall be recorded until it has been approved by Council and such approval has been endorsed on the plat.

   (b)   For purposes of this chapter, the following terms shall have the meanings hereafter provided:

      (1)   “Applicant” means the owner of land proposed to be subdivided or his or her representative. The authority of the representative shall be established to the satisfaction of the Community Development Director. Consent to subdivide shall be required from the legal owner of the premises.

      (2)   “Block” is all that part of one side of a street, which is between two intersecting streets.

      (3)   “Bond” means any form of security including a cash deposit, surety bond, collateral, property, or instrument of credit in an amount and form satisfactory to the City Council.

      (4)   “Building” means any structure with substantial walls and roof securely affixed to land and entirely separated on all sides from any similar structure by space or by walls in which there are no communicating doors, windows, or similar openings.

      (5)   “Construction plans” means the maps or drawings accompanying a subdivision plat and showing the specific location and design of improvements to be installed in the subdivision.

      (6)   “Council” means the City Council of the City of Euclid, Ohio.

      (7)   “Cul-de-sac” is a local street having only one outlet and a paved terminal for safe and convenient reversal of traffic movement.

      (8)   “Easement” means authorization by a property owner for use by another, and for a specified purpose, of any designated part of his or her property.

      (9)   “Engineer” means the City Engineer of the City of Euclid, Ohio.

      (10)   “Engineer, registered or surveyor” is an engineer or surveyor registered in the State of Ohio.

      (11)   “Escrow” means a deposit of cash with the City of Euclid in lieu of an amount required and still in force on a performance or maintenance bond.

      (12)   “Frontage” means that portion of a lot abutting on a dedicated right-of-way.

      (13)   “Grade” means the slope of any surface specified in percentage terms.

         A.   “Finished grade” means the elevation of the surface of the ground of any parcel of land after construction of buildings, parking, driveways, streets, the completion of all landscaping, and any other improvements.

         B.   “Natural grade” means the elevation of the undisturbed natural surface of any land.

         C.   “Established street grade” means the elevation of the street, established by the City Engineer, measured at the centerline of the street.

      (14)   “Lot” means a tract, plat, or portion of subdivision or other parcel of land intended as a unit for the purpose, whether immediate or future, of transfer of ownership or for building development.

         A.   “Lot - double frontage” means a lot, other than a corner lot with frontage on more than one street.

         B.   “Lot - flag” means any lot, except one located on a cul-de-sac in a platted subdivision, having less than the required minimum lot width measured at the front of the lot. Such a lot shall not be created by minor subdivisions unless there is a showing of unnecessary hardship.

         C.   “Lot improvement” means any building, structure, place, work of art, or other object or improvement of the land on which they are situated constituting a physical betterment of real property, or any part of such betterment.

      (15)   “Off-site” means any premises not located within the area of the property to be subdivided, whether or not in the same ownership of the applicant for subdivision approval.

      (16)   “Planning Commission” means the Municipal Planning and Zoning Commission of the City of Euclid, Ohio.

      (17)   “Public improvement” means any drainage ditch, roadway, parkway, sidewalk, pedestrian way, treelawn, off-street parking area, lot improvement, or other facility for which the City may ultimately assume the responsibility for operation and maintenance or which may effect an improvement for which the City is responsible.

      (18)   “Right-of-way” means a strip of land occupied or intended to be occupied by a street, crosswalk, walkway, or other public improvement relating to public travel or access.

      (19)   “Set back.”

         A.   “Front set back” means the minimum allowable distance between a building or structure and the right-of-way line, as regulated by the Zoning Code.

         B.   “Side set back” means the minimum allowable distance between a building or structure and the side lot line as regulated by the Zoning Code.

         C.   “Rear set back” means the minimum allowable distance between a building or structure and the rear lot line as regulated by the Zoning Code.

      (20)   “Streets.”

         A.   “Local street” means a street intended to provide access to other streets from individual properties, generally bearing a volume of traffic no greater than 800 ADT (average daily traffic).

         B.   “Minor collector street” means a street which carries internal traffic within a given neighborhood, connecting local streets to the major collectors or to the arterial system and generally bearing a volume of traffic no greater than 4,000 ADT.

         C.   “Major collector street” means a street which carries traffic from the minor collector system to the arterials. Traffic usually has origin and destination within the community and does not exceed 10,000 ADT.

         D.   “Arterial street” means a street which accommodates traffic to and from the expressways or to or through major commercial districts. Traffic volumes are generally greater than 10,000 ADT.

         E.   “Expressway” means a street entirely devoted to the movement of large volumes of traffic at relatively high speeds. Access is completely controlled, not intended to serve abutting property.

      (21)   “Structure” means that which is constructed having a location on or in the ground or attached to that having location on or in the ground; the term shall include buildings, outdoor seating facilities, outdoor theaters, swimming pools, platforms, tents, towers, bridges, fences, barriers, poles, roadside signs.

      (22)   “Subdivision.”

         A.   The division or re-subdivision of land into two or more parts, lots, parcels, sites, units, tracts, or interests for the purpose of transfer of ownership, lease, or building development either immediate or future;

         B.   The division or development of land whether by deed, metes and bounds description, devise, intestacy, lease, map, plat or other recorded instrument;

         C.   The improvement of one or more parcels of land for structures or groups of structures involving the division or allocation of land for the opening, widening, or extension of any street, right-of-way, or easement; or

         D.   The re-subdivision of any lot or lots in any recorded subdivision. Provided, however, that the sale and exchange of parcels between adjoining lot owners, where such sale or exchange does not create additional building sites, shall not be defined as a subdivision.

      (23)   “Subdivision, minor” means any subdivision, all lots of which front on an existing City dedicated street and with which there is no new street or right-of-way required or proposed. Such subdivisions of any parcel shall be limited to lot adjustments, lot consolidations, and lot splits involving no more than three lots which are adjusted, consolidated, or resulting and no variances are required. The Planning and Zoning Commission may establish special procedures by rule pursuant to Section 1301.11 for processing minor subdivisions.

      (24)   “Tree” means any tree, shrub, or other woody plant.

      (25)   “Zoning Code” means the Zoning Code of the City of Euclid, Ohio.

(Ord. 45-1962. Passed 3-19-62; Ord. 66-2001. Passed 4-2-01.)

   No part of any tract of land in the City shall be conveyed by metes and bounds, but only by lot number according to a plat duly prepared, executed and approved by the Planning and Zoning Commission and by such other persons or officers as law requires, and recorded according to law.

(Ord. 178-1959. Passed 9-14-59.)

   All lots on the plat of any newly established subdivision of more than ten buildable lots shall have a minimum street frontage of fifty feet and a minimum area of 4,000 square feet, except that smaller frontages may be approved for individual lot fronts on curved streets where the width of any such lot increases going from front to rear and where the width of the lot at the probable location of the dwelling house to be built thereon is not less than seventy-five feet. However, the Planning and Zoning Commission, subject to the confirmation and approval of Council, may approve the plat of a subdivision in an old established neighborhood of the City not involving any new streets, containing lots of less width than seventy-five feet, if the lots conform generally to the other lots in the neighborhood. If it appears that any subdivision will not be served within a reasonable time by a public sanitary sewer system, then all lots shall have a minimum frontage of 100 feet and a minimum area of 18,000 square feet unless the subdivision is served by a public water system, in which case the minimum frontage shall be eighty feet and the minimum area 14,400 square feet. However, these requirements with reference to the size of lots not to be served by a public sanitary sewer system may be varied by the Commission upward or downward in individual cases when, in the opinion of the Commission, such action is justified by a written report of the City or County Health Commissioner (whoever has jurisdiction) on the soil characteristics, topography and other conditions of the proposed subdivision.

(Ord. 260-1979. Passed 9-17-79; Ord. 120-2024. Passed 10-7-24.)

   All plats must bear the certificate of a licensed engineer or surveyor that the plat was prepared by him or her or under his or her supervision, that dimensions and angles are correct and that the permanent monuments have been set as indicated.

(Ord. 5158. Passed 8-2-26.)

   A fee policy of title insurance issued by a responsible title company in an amount to be determined by the City Planning and Zoning Commission, covering all streets to be dedicated and insuring good title to such streets or any portions thereof in the City, free and clear of all liens and encumbrances whatsoever, except taxes for the current year, shall accompany every plat submitted for approval.

(Ord. 178-1959. Passed 9-14-59.)

   All subdivision, dedication or vacation plats presented to either Council or the City Planning and Zoning Commission for approval must be originally signed copies accompanied by the exact transparent linen cloth duplicated for filing with the Clerk of Council. The plats must show all sublots, numbered consecutively, together with all dimensions of width and depth and all angles at intersections of lines.

(Ord. 178-1959. Passed 9-14-59.)

   (a)   Before final approval by the City Planning and Zoning Commission, all plats shall first be approved, in writing, by the City Engineer, the Planning and Development Director and the Service Director of the City. The Commission may approve plats contingent upon the subsequent approval of such plats by the City Engineer and/or the Planning and Development Director and the Service Director.

   (b)   The developer shall submit to the City Engineer, the Planning and Development Director and the Service Director a preliminary layout together with a topographical map of the land involved which shall be certified by a registered engineer of the State.

   (c)   The Planning and Development Director and the Service Director shall also require plans and specifications for the installation of storm and sanitary sewers and a water main. Such plans shall meet with their approval. The developer shall then prepare a permanent plat plan for final submission, which plan shall include the profile of streets and monuments. Before the City Engineer and the Service Director endorse their approval on the plat, the City Engineer shall be of the opinion, under the plans and specifications submitted, that adequate and proper provision has been made for storm and other drainage of the land involved when improved for sanitary improvements of the proposed subdivision and for water facilities, which sewers and water main are to be connected to the existing sewage and water system. In giving his or her final approval, the City Engineer shall confirm that all standards and requirements of Section 1311.14 et seq. shall be met and shall take into consideration the existing facilities and abutting property and the impact, if any, of any new development thereon, especially the drainage of storm water from the land when improved in accordance with the standards established by Chapter 921, 922, and 923 of the Codified Ordinances.

   The City Engineer and Service Director may require changes of design or installation of additional facilities as may be necessary to conform with the above indicated standards and requirements and for protection of the health and safety of the City and its citizens. The applicant shall pay for the cost of such review.

   In the event that professional consulting services are rendered by the City Engineer or any other outside consultants to make any determinations by the City Engineer or other consultant as the same shall be required, determined, and approved by the Service Director, City Engineer, or Planning and Development Director, such services shall be rendered and charged at the prevailing contractual hourly rates for such services.

   (d)   The Service Director, the Planning and Development Director or the Commission may require the developer to enter into an agreement with the City, in a form approved by the Director of Law, to perform any covenants with respect to grades, storm drainage, paving, sanitary improvements, grading, water mains and other required facilities and improvements. A copy of the agreement shall be filed with the Commissioner of Buildings and it shall be his or her duty to withhold the issuance of building permits, or to cancel those already issued, unless the conditions and covenants in the agreement are complied with. When the City Engineer, the Planning and Development Director and the Service Director have endorsed their approval on the plat, it shall be filed by them with the City Planning and Zoning Commission, except as provided herein.

(Ord. 121-1996. Passed 6-3-96; Ord. 66-2001. Passed 4-2-01.)

   In the event that either the Service Director, the Planning and Development Director, the City Engineer or the Service Director refuses to give his or her approval of a plat, any party aggrieved thereby shall have the right to appeal such decision to the City Planning and Zoning Commission by filing a notice of such appeal, containing the reasons therefor, with the Commission, the City Engineer, the Planning and Development Director and the Service Director. The Commission shall notify the Planning and Development Director, the Service Director, the City Engineer and the party bringing the appeal of the time, date and place at which such appeal will be heard by the Commission. The Commission shall have the power, after hearing the appeal, to give its final approval to such plat or subdivision without the approval of the Planning and Development Director, the Service Director and/or the City Engineer. Such approval shall then be referred to Council for confirmation and approval and no plat shall be recorded until the approval of Council has been endorsed thereon.

(Ord. 121-1996. Passed 6-3-96; Ord. 66-2001. Passed 4-2-01.)

   The street pattern of all subdivisions shall provide for ease of circulation of traffic within the subdivision, as well as convenient access to adjoining streets, thoroughfares or unsubdivided land. Reserve strips at the edge of subdivisions controlling access to the streets thereof from land adjoining the subdivision shall be prohibited. In any case where a street will eventually be extended beyond the plat but is temporarily dead-ended, an interim turn-around will be required. Dead-end streets will be permitted in cases where the Planning and Zoning Commission finds that such a street will be in the best interests of the City considering the topography of the area and all other relevant factors, and if a circular roadway is provided at the end thereof so that vehicles may be easily turned around without backing.

(Ord. 178-1959. Passed 9-14-59.)

   All new streets on the plat of any subdivision shall have a minimum width of 50 feet, but if, in the opinion of the Planning and Zoning Commission, the prospective traffic load of any such street justifies a greater width, the Commission may at its discretion require a greater width for the street.

(Ord. 178-1959. Passed 9-14-59.)

   No street names shall be used which will duplicate or be confused with the names of existing streets. Street names shall be subject to the approval of the Planning and Zoning Commission.

(Ord. 178-1959. Passed 9-14-59.)

   The provisions of this chapter may be modified by the Planning and Zoning Commission in specific cases where unusual topographical or other exceptional conditions require such modification. The modification may be made where the Commission finds that strict compliance would result in great practical difficulty and extraordinary hardship, in order that substantial justice may be done while at the same time securing the public interest.

(Ord. 178-1959. Passed 9-14-59.)

   No lots in any subdivision shall be sold and no building permit shall be granted for the improvement of any lot therein until the provisions of this chapter have been complied with.

(Ord. 178-1959. Passed 9-14-59.)

   Prior to final approval, the subdivider shall have installed, or furnished surety, in accordance with Section 1313.03 to guarantee the installation of the improvements hereinafter required and maintenance thereof for a period of two years.

(Ord. 66-2001. Passed 4-2-01.)

   Permanent monuments of a type acceptable to the City Engineer shall be set under the direction of a registered surveyor at the intersection of all outside boundary lines of the platted property and at all points of intersection and change of alignment in the center lines of streets.

(Ord. 66-2001. Passed 4-2-01.)

   All street traffic signs shall be installed by the subdivider and shall conform to the specifications and locations as set forth by the City Engineer.

(Ord. 66-2001. Passed 4-2-01.)

   (a)   All improved areas within dedicated street rights-of-way shall be graded, topsoiled, and seeded in accordance with the construction schedule and in a manner approved by the City Engineer. Street trees shall be required and planted in accordance with the approved landscape plan.

   (b)   The number, type and location of trees planted shall be based upon the existing trees preserved on the site and shall be shown on a landscaping plan to be submitted with the final plat. Landscaping plans shall be in accordance with the master tree plan.

   (c)   The subdivider shall be responsible for the establishment of required trees and such responsibility shall extend for one year from the date of original planting. The City Engineer may require that a bond be posted to ensure the planting and replacement of trees. The amount of said bond shall be based on the estimated costs of planting and establishing the required trees.

(Ord. 66-2001. Passed 4-2-01.)

   The following standards shall govern the provision of easements:

   (a)   Where a subdivision is traversed by a water course, drainage way, channel storm conduit or stream, there shall be provided to the City, a storm water easement or drainage right-of-way conforming substantially with the lines of such water course and containing such additional width as required.

   (b)   Easements ten feet in width shall be provided adjacent to each side of and contiguous with all proposed rights-of-way. Such easements shall be usable for any and all underground utilities.

   (c)   Utility or drainage easements across lots or along side or rear lot lines shall be a minimum of twenty feet in width and a minimum of fifty feet for water main lines. The City Engineer may require additional width where appropriate based on the proposed usage.

   (d)   Where subdivisions are adjacent to schools, parks, or other public facilities, access easements shall be provided to those facilities where deemed appropriate by the Planning Commission. Such access easement shall be a minimum of twenty feet in width and side yard setbacks for adjacent lots shall be measured from the easement.

(Ord. 66-2001. Passed 4-2-01.)

   All utilities (including but not limited to gas, electric, telephone, and CATV cables) shall be located underground throughout all new subdivisions or where three or more lots or parcels are being created. Wherever existing utility facilities are located above ground, except within public right-of-way, or where three or more lots or parcels are being created, those utilities shall be removed and placed underground.

(Ord. 66-2001. Passed 4-2-01.)

   Street lighting shall be installed on all streets. In all new subdivisions or where three or more new lots or parcels are being created, the service shall be installed underground in conformance with standards established by the Director of Service and the electric Power Company servicing the street.

(Ord. 66-2001. Passed 4-2-01.)

   Whoever violates or fails to comply with any of the provisions of this chapter and Chapter 1313 shall be fined not more than five hundred dollars ($500.00) for each offense. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.

   If there are any areas shown on the plat which it is supposed shall be public highways, and Council is satisfied that the provision of this Title are complied with, such streets shall finally be accepted by an ordinance duly passed for that purpose at the time of the filing of the plat. If, however, such streets are not completed in accordance with the provisions of this Title, Council may finally accept the streets by an ordinance duly passed for such purpose. In such a case the owners will be required to file a surety company bond in such sum as may be determined by Council, payable to the City. Such bond shall be conditioned upon such areas being open for public travel in accordance with the provisions of this Title and upon the acceptance of Council, within two years from the date of final acceptance of such streets, by ordinance. Such bond shall be further conditioned upon the owner of the subdivision saving the City harmless from any and all damages or claims for damages to persons or property arising out of or resulting from or on account of the highways shown on the plat not being in safe and proper condition for public travel.

   As soon as the streets so accepted are opened in accordance with the provisions of this Title, the bond for such purpose shall be released and discharged by a resolution duly adopted for such purpose. However, should the owner fail to open the street in accordance with the provisions of this Title, the City will, by its duly authorized agents, notify the surety company of such failure. Upon the failure of the company to open the streets in accordance with this Title and the terms of its bond, the same may be done by Council and the cost and expense thereof charged to and collected from the company.

(Ord. 5158. Passed 8-2-26.)

   Should the owners of the subdivision desire to construct sewers, water mains or paving at their own cost and expense, such owners will be required to file with Council their written consent that in case any of such improvements are constructed and the same are at any time used by or for the benefit of the City or any of the inhabitants thereof, such use shall not be held or deemed an appropriation by the City of such sewers, water mains, paving or any part thereof, for which use or appropriation the City shall be called upon or held liable in any manner to such owners, their heirs, executors, administrators, successors or assigns, or to any person or corporation interested therein or using the same. The City or inhabitants thereof shall be permitted to use such sewers, water mains or pavement, or any part thereof so constructed, to such an extent and for such purposes as the same may be adopted, without any obligation or liability for compensation or damages, or other reward for such use. However, in case any compensation is paid for or on account of the location of construction or any sewers, water mains or pavement so constructed, the City shall not have nor make any claim for such compensation.

(Ord. 5158. Passed 8-2-26.)

   (a)   Council will, upon receipt of formal application and upon compliance by the applicant with the provisions of this Title, grant permits to install permanent street improvements. The interests installing such improvements shall file with Council performance and indemnity bond in cash deposited or issued by a reputable surety company, guaranteeing installation of the improvements and saving the City harmless from all damages from any cause whatsoever, growing out of or resulting from the construction of such improvements and indemnification insurance regarding liability of the City as follows.

   (b)   Upon conditional approval of a final plat by Council, the subdivider shall furnish bond or other acceptable security and proof of insurance prior to endorsement of the plat by the Service Director and City Engineer one or more of the following forms:

      (1)   A.   The subdivider shall deposit a cash security with a local bank in the amount of 100% of the estimated cost of the improvements (storm sewers, sanitary sewers, water lines, pavements, etc., excluding sidewalks) and provide a bond to the City in such form as is approved by the Law Director. Said security shall be in favor of the City who shall have sole control of disbursement. The local bank shall be directed to pay out portions of the cash security towards the completion of said improvements only with the approval of the Service Director and City Engineer, who may require a balance to be maintained which in his or her opinion is sufficient complete said improvements in accordance with the plans and specifications of the City and shall authorize the release of any balance to the subdivider only upon acceptance of said improvements by Council.

         B.   The public service director and the City Engineer shall establish a time period for the completion of required improvements. In the event said improvements are not constructed within the designated time period and not maintained, the City shall have the option after thirty days written notice to the subdivider to complete and maintain said improvements and to collect and receive from the local bank any remaining balance of said deposit to be applied toward payment of costs and expenses of completing said improvements, or

      (2)   The subdivider may petition the City to construct said improvements and assess the total, against the benefitted lots. This procedure may be followed upon conditions that the subdivider furnishes the City with a bond, with surety to the satisfaction of the Service Director, guaranteeing the payment of the assessments as they fall due. Said bond may provide that as structures are constructed and sold to the individual owners the amount of the bond shall be reduced not more than once each year in proportion to the amount of the assessment against such lots. When structures have been completely constructed on seventy-five percent of the lots the bond shall be released, or

      (3)   The subdivider may furnish a corporate surety bond in the principal amount of the estimated cost of said improvements with surety to the satisfaction of the Service Director, in such form as is approved by the Law Director, guaranteeing completion and maintenance of said improvements according to plans, profiles and specifications and to the satisfaction of the Service Director and City Engineer. Said bond shall remain in effect until said improvements have been completed and maintained as provided in these regulations and until released by authority of Council. Said bond shall provide that upon default of performance by the subdivider the City may complete the same after thirty days written notice.

      (4)   In addition to the required performance bond, the Service Director and City Engineer may require a restoration bond. Said bond shall be to insure repair of any damage done to existing curb, gutter, sidewalk, driveways, street pavement, landscaping, or other items within the right-of-way adjacent to a subdivision. The amount of said bond shall be as determined by the Service Director and City Engineer based on their estimate of potential damage. Restoration bonds shall be released when all damaged facilities, if any, have been restored to the satisfaction of the Service Director and City Engineer. Where the subdivider is aggrieved by a decision of the Service Director and City Engineer, he or she may appeal said decision to the Planning Commission.

      (5)   Indemnity insurance. A policy of indemnity insurance or certificate of insurance showing the City a named insured with a thirty day notice of cancellation provision in the amount of one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) in the aggregate in a commercial and general liability policy combined total for bodily and property damage protecting the City against any claims for damage to person or property resulting from or by reason of the construction of the above mentioned improvements by the subdivider and/or its contractor shall be furnished to the City and maintained in force by the subdivider. The insurance policy shall remain in full force and effect until all improvements are completed and maintained to the satisfaction of the City Council.

(Ord. 5158. Passed 8-2-26; Ord. 35-2001. Passed 3-5-01.)

   A sufficient sum shall be deposited with the Finance Director to cover the cost of the publication of the ordinance accepting such highways and all inspection and engineering by the City authorities. All work shall be executed under such authority in the same manner as improvements installed by action of Council.

(Ord. 5158. Passed 8-2-26.)

   Upon the completion of grading, the construction of walks, sewers and water mains, or paving, the owners of subdivisions may apply to Council for the release and discharge of the bond given on account of such improvement and shall file with the Clerk of Council detailed transparent cloth plans of such sewers, water mains or paving.

(Ord. 5158. Passed 8-2-26.)