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Fairview Park City Zoning Code

TITLE THREE

Subdivision Regulations

1183.01 TITLE.

   These regulations shall be known as the "Subdivision Regulations of the City of Fairview Park, Ohio". (Ord. 66-69. Passed 12-19-66.)

1183.02 RELATION TO OTHER LAWS.

   The provisions hereof shall supplement and implement the City Charter, the laws of the State and the ordinances of this City.
(Ord. 66-69. Passed 12-19-66.)

1183.03 RULES AND REGULATIONS.

   (a)    Promulgation. The regulations, rules, standards, procedure and criteria herein set forth are adopted and promulgated to govern and control the platting, planning and development of land and the dedication of new streets and public lands to be shown on and included in such plats. (Ord. 66-69. Passed 12-19-66.)
   (b)    Establishment of Further Regulations. In addition to the provisions hereof, the Planning and Design Commission shall have the power and authority to establish such other and further regulations, rules and standards not inconsistent with the provisions of this chapter, the City Charter, other ordinances and regulations of the City and of the State of Ohio to the extent that such laws are not inconsistent with any of the foregoing, for the further regulations of platting, planning and street dedication as may, from time to time, be necessary.
(Ord. 95-77. Passed 10-16-95.)
   (c)    Complying With Regulations. The regulations, rules, standards, procedure and criteria as herein set forth shall be complied with by the Planing and Design Commission and Council when considering and acting upon such plats and subdivisions.
(Ord. 66-69. Passed 12-19-66.)
   (d)    Approval of Planning and Design Commission and Council Required. All major subdivisions or resubdivisions shall be approved by Council before the same shall be official and recordable. All minor subdivisions or resubdivisions shall be approved by the Planning and Design Commission before the same shall be official and recordable.
(Ord. 95-77. Passed 10-16-95.)

1183.04 DEFINITIONS.

   (a)    As used in these Subdivision Regulations:
      (1)    "Allotment" and "subdivision" are terms used synonymously and refer to the subdivision of land into either streets and lots or into lots.
      (2)    "Improvements" means street pavements, with or without curbs and/or gutters, sidewalks, crosswalks, water mains, sanitary and storm sewers, street trees and other appropriate items.
      (3)    "Lot" means a portion of a subdivision or other parcel of land intended as a unit for transfer of ownership or for building development.
      (4)    "Map" means a drawing showing geographic, topographic or other physical features of the land.
      (5)    "Major subdivision" means a subdivision which includes more than five lots, or a development involving any public improvement.
      (6)    "Minor subdivision" means a subdivision which includes not more than five lots on an existing street when the development does not involve any public improvements.
      (7)    "Plan" means a drawing of a proposed design or of work to be performed.
      (8)    "Plat" means a map of a lot, parcel or subdivision on which the lines of each element are shown by accurate distances and bearings.
      (9)    "Street" means a public way for the purposes of vehicular travel including the entire area within the rights of way.
   (b)   Words not herein specifically defined are to be construed in their customary sense, and definitions of such words contained in other City ordinances, may be used unless manifestly inapplicable, and the definitions herein contained may be used in their interpretation of other City ordinances. (Ord. 66-69. Passed 12-19-66.)

1183.99 PENALTY.

   The penalty for violation of any of the provisions of these Subdivision Regulations shall be as set forth in Section 1149.99.
(Ord. 92-70. Passed 10-19-92.)

1187.01 APPLICATION FILED.

   An application for approval for each minor subdivision or resubdivision shall be filed by the developer or applicant with the Planning and Design Commission.
(Ord. 66-69. Passed 12-19-66.)

1187.02 INFORMATION TO BE FILED WITH APPLICATION.

   The developer or applicant shall furnish with the application, the following information:
   (a)    City Map. A drawing or print of a City map, or a part thereof, showing the location thereof.
   (b)    Accessibility of Utilities. All information as to the accessibility of required utilities and public improvements.
   (c)    Name of Adjoining Owners. Name of the owner and of adjoining property owners, including designations of parcel according to official records.
   (d)    Sketch or Plat Required. An accurate sketch, plat or drawing showing by scale and dimensions the parcel which is to be subdivided and all contiguous land including locations of existing structures thereon.
   (e)    Metes and Bounds Description. A description of the resulting lots by metes and bounds.
   (f)    Deed Restrictions. A copy of any and all private deed restrictions and/or covenants running with the land as evidenced by a title guarantee policy provided by a qualified title insurance company or abstracter.
   (g)    Location of Abutting Streets. All lots shall abut on a dedicated street.
   (h)    Other Information. Such other pertinent information and documents as may be required by the Planning and Design Commission and Council.
      (Ord. 91-79. Passed 10-7-91.)

1187.03 APPROVAL.

   The Planning and Design Commission shall approve the proposed subdivision or resubdivision provided the Commission finds the following:
   (a)    Not Contrary to Ordinances and Laws. That such proposed subdivision or resubdivision is not contrary to the provisions of these Subdivision Regulations; or to the provisions of any applicable zoning ordinances or regulations of this City; or to the provisions of any other ordinances of this City or laws of the State;
   (b)    Number of Lots. That such proposed division will not create more than five lots;
   (c)    Coordination of Subdivision. That the sketch, plat or drawing thereof is properly coordinated with adjoining land;
   (d)    Public Improvements. That such proposed division does not involve the installation of any public improvements;
   (e)    Not Contrary to Existing Deed Restrictions. That such proposed division is not contrary to existing recorded deed restrictions and/or covenants running with the land;
   (f)    Abut On a Dedicated Street. All lots shall abut on a dedicated street.
   (g)    Approval by City Engineer. Prior to review or approval by the Commission, the developer or applicant shall submit the sketch, plat or drawing, the metes and bounds description and all information as to the accessibility of utilities and public improvements to the City Engineer for review. If found satisfactory, the City Engineer shall, within ten working days, certify approval on the sketch, plat or drawing submitted and forward the same to the Planning Commission.
   (h)    Surrounding Area. That the surrounding area is considered regarding the existing adjacent, contiguous and neighboring buildings and properties for the purpose of preserving the safe, harmonious and integrated development of related properties, and that the granting of this request will not be detrimental to the public welfare and safety, or injurious to other property in the area in which such property is situated. (Ord. 78-4. Passed 3-6-78.)

1187.04 NOTATION OF COMMISSION ACTION.

   A notation of action of the Planning and Design Commission shall be endorsed on the sketch, plat or drawing by the secretary of the Commission. Such map, plat, sketch or other documents, after Commission approval has been noted thereon, shall be retained by the City until it is delivered to the County Recorder, and all fees in connection with the recording thereof shall be paid by the developer or applicant.
(Ord. 95-78. Passed 10-16-95.)

1187.05 DEPOSIT FOR PRELIMINARY INVESTIGATION.

   A deposit by the developer shall be made with the Finance Director in the amount of one hundred fifty dollars ($150.00) to cover the cost and expense of such investigation as may be necessary to determine whether or not such proposed subdivision conforms to these Subdivision Regulations. The cost and expense of such preliminary investigation shall be paid by the City for such deposits. (Ord. 84-91. Passed 6-17-85.)

1191.01 APPLICATION.

   An application for approval for each major subdivision or resubdivision shall be filed by the developer or applicant with the Planning and Design Commission.
(Ord. 66-69. Passed 12-19-66.)

1191.02 INFORMATION TO BE FILED WITH APPLICATION.

   The developer or applicant shall furnish with the application the following information:
   (a)    Vicinity Map. A vicinity map or print of the City map showing the proposed subdivision and its relationship to adjacent developments, streets and all community facilities servicing such proposed subdivision.
   (b)    Contents of Plat. A plat accurately drawn to scale on tracing cloth and including only that portion of the subdivision to be recorded and showing the following:
      (1)    Public lands. Lands to be allotted or dedicated to public use shall be accurately surveyed and monumented and shall show accurate dimensions and bearings of each lot in such subdivision.
      (2)    Accurate description. An accurate description of all proposed public highways or lands to be dedicated to public use.
      (3)    Control points. Control points to which all dimensions, angles and bearings are to be referred.
      (4)    Name and width of streets. The name and width of each street within such subdivision and those adjoining, and such streets shall be named so that there will be no duplication of any existing street names within the City. The minimum width of any public street shall be fifty feet.
      (5)    Area of lot. Square footage of area of each lot or parcel of land.
      (6)    Identification numbers. Lot or block identification numbers or letters shall be in progressive order conforming with the Recorder's procedure.
      (7)    Boundaries of dedicated streets. Boundaries of and purpose for the dedication and acceptance of any land, other than residential lots, to be dedicated and reserved for public use.
      (8)    Easements. Location, width and purpose any of easements.
      (9)    Monuments. Location and description of monuments to be found, set or to be set.
      (10)    Adjoining subdivisions. Reference to subdivision plats of adjoining land by name, volume and page of Recorder's maps.
      (11)    Certification by owner. Certification by owner of acceptance of plat and statement offering dedication of streets, rights of way, and any sites for public use or reserved by deed covenants for common use of all property owners.
      (12)    Registered surveyor. Certification and seal by a registered surveyor or engineer as to the preparation and details of survey and plat.
      (13)    Protective covenants. Protective covenants shall be referred to or included on plat.
      (14)    Title, date. Title of the subdivision, Municipality, County, State, original township section, tract or lot, scale, north arrow and date shall be set forth on such plat. (Ord. 66-69. Passed 12-19-66.)
      (15)    Approval statements of officials. Approval statements for the Planning and Design Commission, Council, and other officials, as may be required by law. (Ord. 95-79. Passed 10-16-95.)
   (c)    Protective Covenants. Any protective covenants, restrictions, by-laws, declarations and any other covenants which are to be recorded separately.
   (d)    Unpaid Taxes. A statement or other evidence that there are no unpaid taxes and assessments against the tract to be subdivided.
   (e)    Title. A statement and/or title disclosing that the developer owns such tract to be subdivided or that the developer has an interest therein such as an option to purchase or an agreement to purchase such tract.
   (f)    Other Data. The developer shall furnish other data, certificates, documents and/or affidavits as may be required by the Planning and Design Commission and/or Council. (Ord. 66-69. Passed 12-19-66.)

1191.03 APPROVAL.

   The Planning and Design Commission shall approve the proposed subdivision or resubdivision provided the Planning and Design Commission finds the following:
   (a)   Not Contrary to Ordinances and Laws. That such proposed subdivision or resubdivision is not contrary to the provisions of the Subdivision Regulations; or to the provisions of any applicable zoning ordinances or regulations of the City; or to the provisions of any other ordinance of the City, the Charter of the City; or to the provisions of any laws of the State of Ohio to the extent that such laws are not inconsistent with any of the foregoing.
   (b)   Properly Coordinated. That such proposed subdivision or resubdivision is properly coordinated with adjoining land and with existing streets and that adequate measure have been taken to provide ingress and egress so as to minimize traffic congestion in or on public streets;
   (c)   Not Contrary to Existing Deed Restrictions. That such proposed subdivision or resubdivision is not contrary to existing recorded deed restrictions and/or covenants running with the land;
   (d)   City Engineer Approval. That the City Engineer has, in writing, given preliminary approval to such subdivision or resubdivision;
   (e)   All Documents Furnished. That all required material and documents have been furnished to the Planning Commission as provided herein; and
   (f)   Abut on a Dedicated Street. All lots shall abut on a proposed dedicated street or a dedicated street.
   (g)   That the proposed subdivision or resubdivision is in accordance with any duly adopted and applicable regulations of the Commission.
      (Ord. 96-49. Passed 12-16-96.)

1191.04 REFERRING TO COUNCIL.

   A notation of the Planning and Design Commission’s action shall be endorsed on such plat by the Secretary of the Commission, and the plat and all supporting documents shall then be referred to Council for its consideration. In addition, the Secretary shall notify the applicant of the Planning and Design Commission’s action by mailing written notice by first class mail to the last known address of the applicant. (Ord. 96-49. Passed 12-16-96.)

1191.05 ADDITIONAL REQUIREMENTS.

   In addition to the requirements as hereinbefore set forth for consideration by the Planning Commission, and prior to final acceptance of any plat and any dedications by Council, and as a condition precedent thereto, the developer shall submit, furnish, obtain or perform to Council's satisfaction the following:
   (a)    Title. An abstract, certificate of title or policy of title insurance showing title to the lands dedicated to public use and/or streets to be free and clear from all liens and encumbrances and approved in writing by the Law Director.
   (b)    Drawings. Drawings and specifications showing cross-sections, profiles, grading plans, elevations, construction details and specifications for all required improvements, which shall be approved in writing by the City Engineer.
   (c)    Deposit For Preliminary Investigation. A deposit by the developer shall be made with the Finance Director in an amount of money sufficient, as determined by the City Engineer, to cover the cost and expense of such investigation as may be necessary to determine whether or not such proposed subdivision or resubdivision conforms to the regulations of these Subdivision Regulations, the Zoning Code and regulations of this City, and any other City or State laws applicable thereto. The cost and expense of such preliminary investigation shall be paid by the City from such deposit and, in the event such cost and expense exceed the amount so deposited the deficiency shall be paid to the City by the developer prior to the approval of the plat or the acceptance of any dedication thereon by Council. In the event the amount to be deposited exceeds such expenditure, the balance shall be refunded to the developer.
   (d)    Improvements To Be Installed. The following improvements shall be installed by the developer under the supervision of the City Engineer and in accordance with plans, specifications, profiles, drawings and other data as approved by the City Engineer:
      (1)    Pavements. Street pavements, in accordance with City-approved specifications, and the grades thereof shall conform to the grade established by the City Engineer.
      (2)   Sidewalks. Sidewalks of sawed stone or concrete shall be installed in accordance with Chapter 903.
      (3)    Trees and Tree Lawns. Trees shall be planted in accordance with Chapter 905 and tree lawns shall be graded and seeded.
      (4)    Culverts and bridges. All culverts and bridges necessary within the public right of way, all box culverts necessary to carry surface drains, all required drainage or outlets, all crosswalks, all work necessary at the intersections of proposed streets with existing streets in accordance with City-approved specifications.
      (5)    Water mains. Water mains in accordance with City-approved specifications.
      (6)    Sewers. Storm and sanitary sewers and facilities, in accordance with City- approved specifications.
      (7)    Curbs and gutters. Curbs and gutters in accordance with City-approved specifications.
      (8)    Street name signs. Street name signs in accordance with City-approved specifications.
      (9)    Surface drainage. Drainage facilities in accordance with Chapter 1317 and Chapter 1195.
   (e)    EDITOR’S NOTE: Former subsection (e) was repealed by Ordinance 96-49.
   (f)   Street Lighting and Telephone Service. The developer shall submit preliminary plans of proposed subdivisions to the utility companies which will service the subdivision for the preparation of a layout of their distribution system. The distribution system shall be designed to provide service from easements along lot lines, or easements for underground service. The system shall be designed and constructed and easements provided in accordance with the following standards:
      (1)    Underground electric service. In new subdivision it shall be required that all telephone, electric power and street lighting wires, conduits or cables to serve lots in such subdivision shall be constructed underground and upon easements provided for utilities, except that those wires, conduits or cables owned by or serving individual customers and located wholly on the customer's property, need not be located upon easements. All underground telephone, electric power and street lighting wires, conduits or cables and transformers shall be installed in accordance with the standards required in all orders and applicable regulations of the Ohio Public Utilities Commission. Transformers shall be located in underground vaults under the public walk or in an approved location in a nearby easement.
      (2)    Street lighting system. In subdivisions served by underground electric service, bases shall be provided for the ultimate installation of street lighting standards on minor streets by the electric utility serving the subdivision at a minimum mounting height for luminaries of fifteen feet and spaced no farther apart then every fourth lot. Bases shall also be provided for the ultimate installation of street lighting standards on major or collector streets by the electric utility serving the subdivision to provide lighting intensity meeting the minimum recommendations of the City Engineer. Until used, the wiring in such bases shall be safely insulated and/or de-energized.
   (g)    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 City and any of its employees, agents or representatives or any third person, caused by, growing out of or in any way whatsoever attributable to the construction of such improvements and the use of any street including, but not limited to, the 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 with any insurance company or companies acceptable to the Law Director during the period of such construction in the sum of one hundred thousand dollars ($100,000) to three hundred thousand dollars ($300,000) for injury to or death of persons, and in the sum of fifty thousand dollars ($50,000) 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 such construction, certificates or memoranda of insurance, evidencing that such insurance contracts are in force.
   (h)    Council May Assess Cost of Improvements. In the event Council deems it advisable to install sewer or water facilities or any other public improvement in accordance with the special assessment proceedings prescribed by State law, Council shall institute such assessment proceedings immediately upon the acceptance of the plat and dedication.
   (i)    Bond For Improvement Assessments. In any case where lands are offered for dedication to public use and Council deems it advisable to install therein public improvements by special assessment proceedings, the developer, upon the acceptance of such dedication, shall furnish a bond, in such form and amount and with such sureties as Council may approve, guaranteeing the payment of the assessments so to be levied upon such subdivision, when the same shall become due.
   (j)   City To Supervise; Payment of Costs and Expenses. All work herein required of the developer when installing any improvement shall be done under the supervision of the City. The cost of all necessary engineering, inspection and any other expense necessary to insure the proper performance of the things herein required shall be paid by the developer to the City. Such payment shall be secured in advance by deposit or otherwise, as Council may approve.
   (k)    Resubdivision and Vacation. An application for resubdividing, replatting or vacation of a subdivision or a part thereof, shall be made by the owner or owners to the Commission and Council, in the same form and in the same manner as for an original 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 subdivisions.
   (l)    Approval of City Engineer. The approval of the City Engineer shall be endorsed on such plat and the City Engineer shall only approve the same after the developer has furnished all of the data, plans, drawings and other documents, and has complied with all of the conditions contained herein.
    (m)   Street Maintenance Deposit or Bond. The developer shall guarantee the construction and materials of the street pavement for a three year period upon completion of all improvements to the satisfaction of the City Engineer and all other improvements for a twelve-month period upon completion of all improvements to the satisfaction of the Engineer. In order to secure the guarantee, the developer shall deposit with the City an amount equal to two percent (2%) of the total cost of the construction of street improvements in a maintenance fund, or furnish a maintenance bond equal to two percent (2%) of the total cost of the construction of street improvements.
      (Ord. 96-49. Passed 12-16-96.)

1191.06 ACCEPTANCE AND DEDICATION FOR PUBLIC PURPOSES; PREREQUISITE.

   Prior to the acceptance of a final plat by Council and dedication for public purposes of public improvements, the applicant shall provide to the Building Commissioner and the Clerk of Council all of the following:
   (a)   Written notice from the City Engineer that all improvements required by this chapter and as designated in the approved improvement plans have been installed;
   (b)   Written notice by the City Engineer that the applicant has deposited the cash or bond for pavement guarantee required by Section 1191.05 (m) and that a letter of credit has been established to secure the installation of sidewalks unless sidewalks have been installed;
   (c)   Written notice by the City Engineer that the applicant has submitted as-built improvement plans;
   (d)   Written notice by the City Engineer that the sanitary sewers and storm sewers have been satisfactorily tested and video-taped;
   (e)   Written notice by the City Engineer that street lights have been satisfactorily installed or that a letter of credit has been deposited with the Director of Finance in the amount of one thousand dollars ($1,000) for each street light to secure the installation of the required street lights; and
   (f)   Written notice by the City Engineer that the applicant has paid all required engineering and inspection fees and other expenses due;
   (g)   Written notice by the Fire Chief that the fire hydrants have been satisfactorily installed and tested; and
   (h)   Written certification by the applicant that all current real estate taxes and current installments of special assessments due on the property have been paid.
   As used herein, “Written notice from the City Engineer” means that to the best of the knowledge and professional opinion of the City Engineer, the public improvements have been constructed in accordance with the improvement plans and specifications and that all improvements required by this chapter and as designated in the approved improvement plans have been installed. (Ord. 96-49. Passed 12-16-96.)

1195.01 PERFORMANCE STANDARDS; CHARGES.

   No person, firm or corporation shall develop any real property as hereinafter described, or connect or cause to be connected any building or structure, either directly or indirectly, with a drain for the removal of surface, roof, ground or other water to be discharged into a ditch, swale, waterway, stream or an existing storm drainage system from any real property hereinafter described without complying with the following performance standards and paying the charges hereinafter set forth:
   (a)   For all developments to be improved within the City, a storm drainage system shall be designed and constructed by the developer using an on-site retardation basins and/or on-site underground storage facilities which shall reduce the developed storm water run-off from the development to seventy-five percent of the existing undeveloped storm water run-off using a ten-year design storm as set forth in the Uniform Standards for Sewage and Drainage Improvements as adopted by the Cuyahoga County Municipal Engineers most recent addition as embodied and codified as Appendix I.
   (b)   For all developments to be improved within the City a drainage charge per gross acre of area to be developed, prorated at the rate of one thousand one hundred dollars (1,100.00) per acre shall be charged by and paid to the City prior to the issuance of a building permit. The charges herein above provided shall be deposited into a special fund entitled “Storm Drainage Capital Improvement Fund” and shall be used only for the construction of storm drainage improvements within the City.
   (c)   Should the City require a developer, upon the recommendation of the City Engineer, to reduce the developed storm water run-off from the development to increase the minimum requirement set forth in subsection (a) hereof, in order to further reduce the peak storm water discharge to the City’s drainage system, or to reduce the number of retardation basins to be constructed and maintained within the City, or to combine the storm water storage requirements for two or more developments in one retardation basin at a better site, the City may enter an agreement, through the Mayor, with the approval of Council, with the developer under the following conditions:
      (1)   On any on-site retardation basin and/or on-site underground storage facility, the City will set off the drainage charge set forth in subsection (a) hereof by an amount equal to the estimated construction costs, including the cost of extra land area, if any, to such developer for the construction of the enlarged retardation basin and/or underground storage facility which is over the estimated construction costs for the retardation basin and/or underground storage facility required under subsection (a) hereof. The estimated construction costs for both the retardation basin and/or underground storage facility required under subsection (a) hereof and the enlarged one(s) shall be determined by the City Engineer and the determination of the City Engineer shall be final.
      (2)   The maximum set-off in the drainage charge as set forth in subsection (a) shall not exceed one thousand one hundred dollars ($1,100.00) per acre of area to be developed.
   (d)   The owner of a parcel or lot of land, in excess of one acre, upon which is located a one-family residence and as long as used as a one-family residence thereafter, shall be required to pay the fee computed as provided herein for the erection thereto of an addition to the dwelling or the erection of a detached structure two times the square foot area plus any additional square foot area as determined by the City Engineer after a review of the site plan occasioned by more than average roof area, sidewalks, driveways or other improvements increasing run-off prorated on the basis of the present acreage charge at the time of the improvement.
      (Ord. 95-94. Passed 1-16-96.)

1195.02 APPLICABILITY; EXEMPTION.

   (a)   This chapter shall be applicable to developers of land to be developed except where specifically exempted from the provisions of this chapter.
   (b)   Governmental agencies, in the development of land areas to be used for recreational purposes shall be exempt from the provisions of Section 1195.01(b).
   (c)   Any developer or owner of real property in the City having a tract of land consisting in area of five acres or more, may, with the approval of the Planning and Design Commission, develop the tract of land in phases provided that such developer or owner complies with the provisions and conditions of this chapter as they apply to the area of the real property to be developed in the phase approved for development by the Planning and Design Commission.
   (d)   All storm water drainage systems constructed and serving an area of real property to be developed within the City shall discharge into streams, ditches, or retardation basins or underground storage facilities as required by Section 1195.01.
(Ord. 95-94. Passed 1-16-96.)
CODIFIED ORDINANCES OF FAIRVIEW PARK