Garfield Heights City Zoning Code
TITLE THREE
Subdivision Control
1111.01 DEFINITIONS.
(a) "Allotment" and "subdivision" are used herein synonymously and refer to the subdivision of land into either streets and lots, or into lots, and intended to be recorded as a plat.
(b) "City" means the City of Garfield Heights.
(c) "Council" means the Council of the City.
(d) “Commission" mean the Planning Commission of the City.
(e) “Engineer” means the Engineer appointed by the City to act as the Engineer for the City and is a licensed professional engineer.
(f) “Major Subdivision” means any subdivision of land which is not a Minor Subdivision.
(g) “Minor Subdivision” means subdivision of a parcel which abuts an existing public street, which does not involve the opening, widening or extension of any street or the extension of utilities by easement, or does not include more than five (5) lots after the original parcel has been completely subdivided.
(h) "Owner" means the individual, individuals, company, corporation or trustee in whom or which is vested the legal title to the lands proposed to be allotted.
(i) “Subdivision” means the division of any parcel of land shown as a unit or as contiguous units on the last preceding tax duplicate of the County into two (2) or more parcels, sites or lots, for immediate or future transfer of ownership. The Subdivision also includes the improvement of one (1) or more parcels of land for recreational, residential, commercial or industrial purposes, involving the division or allocation of land for the opening, widening or extension of any street or streets, open space, or as easements for the extension and maintenance of public sewers, drainage, water supply or other public facilities.
(j) "Subdivision Regulations" or "Regulations" means Ordinance 37-1955, passed April 11, 1955, as amended, which is codified as Title Three of this Part Eleven - Planning and Zoning Code. (Ord. 37-1955. Passed 4-11-55.)
1111.02 MODIFICATION OF REGULATIONS.
If in the opinion of the Planning Commission, any of the provisions and requirements of these Subdivision Regulations would work an unnecessary hardship, in a specific matter, they may be modified by approval of the Planning Commission, after a public hearing, and an affirmative vote of a majority of the members elected to Council.
(Ord. 37-1955. Passed 4-11-55.)
1111.03 APPROVAL OF PROPOSED DIVISION WITHOUT PLATTING.
Notwithstanding any of the provisions of these Subdivision Regulations, a proposed division of a parcel of land along an existing public street into no more than five lots and not involving the opening, widening or extension of any street or road, or the extension of utilities, may be submitted, as a Minor Subdivision to the Planning Commission for approval without platting. So long as prior approval of the County Engineer is obtained for the survey of the new lots, and the City Engineer is satisfied with the legal descriptions, and the Commission is satisfied that the proposed division is not contrary to the letter and spirit of applicable platting, subdividing and zoning regulations, it shall stamp the deed of conveyance "approved by the City Planning Commission of the City of Garfield Heights, Ohio" and have it signed by its Chairman, Secretary or such other officials as may be designated by it, and the Building Commissioner shall not issue a building permit for any parcel of land divided in accordance with the provisions of this section unless the deed of conveyance therefor has been so stamped. The Commission shall require the submission of a sketch and such other information as may be requested by the City Engineer or as may be pertinent to the Planning Commission’s determination of the Minor Subdivision. The sale or exchange of parcels between adjoining lot owners, where such sale or exchange does not create additional building sites, shall be exempted from these Subdivision Regulations. The Building Commissioner and City Engineer shall review any request for such a lot split and determine if there is no need to subdivide. If no subdivision is necessary, such transfer shall be deemed a lot split and the Planning Commission secretary shall stamp any such deed for a lot split as a “lot split not subject to Planning Commission action” prior to the recording of said deed with the County Recorder. The fee for a lot split shall be in an amount fixed by Council or by the Subdivision Regulations and shall be paid upon application for approval of a lot split. When determining if the lot split shall be permitted, the Building Commissioner and City Engineer shall insure that each lot, after split, would still comply with the minimum zoning requirements of the City. (Ord. 37-1955. Passed 4-11-55.)
1111.04 FILING FEES.
At the time of filing the applications for approval of any lot split, plat, any Minor or Major Subdivision, and at any time when plans and specifications for any improvements are submitted to the Planning Commission and Council for approval, there shall be paid a filing fee, and an amount of money shall be deposited, as hereinafter set forth, to insure the payment by the applicant of all expenses incurred by the City in connection therewith.
The cost and expense of such investigation, as may be necessary, by the Engineer and Law Director, and their assistants, to determine whether such proposed allotment, subdivision, resubdivision or other plat conforms to, and its improvements, if any have been made or are being installed in accordance with the requirements of these Subdivision Regulations, and other applicable ordinances or sections of ordinances and the plats and specifications approved by the City, and the costs of filing of approved plats, costs of any and all notices required and all other necessary expenses shall be paid from such deposit upon the submission of itemized bills.
The schedule of filing fees and deposits shall be set forth in a separate ordinance adopted by the City. (Ord. 83-1964. Passed 6-8-64.)
1111.05 DEPOSIT FOR TEMPORARY ROADWAY.
(a) After the underground improvements have been completely installed, the applicant or developer shall install a portion of the pavement. For flexible pavements, the geo-grid, aggregate base, bituminous aggregate base, and asphalt intermediate course shall be installed to serve as temporary pavement. All areas of pavement and subgrade failure shall be replaced full depth prior to placement of the asphalt wearing course. For rigid pavement systems, the proposed permanent pavement shall also serve as the temporary road. The applicant or developer shall make any necessary repairs to the concrete pavement prior to acceptance by the City Engineer.
(b) A fund, fixed in amount by the Engineer, shall be deposited by the applicant or developer with the City to guarantee installation and maintenance of the temporary roadway until, in the opinion of the Engineer, the permanent pavement can be safely installed.
(c) No building permits shall be issued for construction of any improvements (other than streets, landscaping, utilities and storm water management controls) or any structures in such development unless and until the road has been approved by the City Engineer and all improvements have been constructed, other than the topcoat when the City Engineer determines that it is in the best long term interest of such street to delay the installation of the topcoat, in which event a Performance Bond in an amount equal to one hundred and twenty-five percent (125%) of the Engineer’s estimate to install the topcoat is provided to the City in such form as approved by the Law Director and a Maintenance Bond for all improvements for such development are also deposited with the City in a form acceptable to the Law Director. Alternatively, when approved by City Council, a Letter of Credit issued by a federally insured depository institution, in a form approved by the Law Director, and in an amount approved by the City Engineer may be deposited in lieu of installing all such improvements, and building permits may issue when the City Engineer certifies to the Building Department that the Developer has constructed a sufficient amount of the subdivision improvements in accordance with all applicable regulations and building permits may issue without adversely affecting the health, safety and welfare of the inhabitants and businesses within the City.
(Ord. 162-1961. Passed 12-11-61.)
1111.99 PENALTY.
Whoever shall dispose of, sell or offer for sale, any lot or part of a lot in any subdivision or allotment before complying with the provisions of these Subdivision Regulations, and any person who shall commit any act in violation of any provision of these Regulations, shall be fined not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00) for each lot or part of lot so sold. No lot or sublot that is created as a result of a Minor or Major Subdivision shall be transferred until the plat for a Major Subdivision, and the stamped approved deeds for a Minor Subdivision have been recorded with the County Recorder and the streets and other improvements for such Subdivision have been approved for dedication by the City. (Ord. 37-1955. Passed 4-11-55)
1113.01 MINIMUM WIDTH OF STREETS.
The minimum width of any right-of-way shall be sixty feet. Council, upon recommendation of the Planning Commission, may require rights of way wider than sixty feet wherever, in its judgment, provision for public travel, or installation of utilities makes the wider right-of-way desirable, or wherever any general plan of street development adopted by the Commission and Council requires the establishment of streets and rights of way of greater width.
(Ord. 67-1963. Passed 7-22-63.)
1113.02 TURNOUTS.
(a) Twenty-five (25) feet radius is adequate for passenger vehicles and shall be provided at minor cross streets where there are few trucks or at major intersections where there are parking areas.
(b) Twenty-five (25) feet or more radii should be provided at minor intersections or reconstruction projects.
(c) Thirty (30) feet radii or more should be used at major cross street intersections.
(d) Radii of forty (40) feet or more, three-centered compound curves or simple curves with tapers to fit truck paths shall be provided at intersections used frequently by buses or large trucks.
1113.03 LENGTH OF BLOCKS.
Where practical, intersecting streets shall be provided so that no block shall be longer than 600 feet. No streets shall be more than 2,400 lineal feet without an intersection providing an alternative publicly dedicated road access to the new street.
1113.04 CONTINUATION OF EXISTING STREETS.
In order that proposed streets may be as nearly coterminous as possible with existing streets in adjoining allotments, due provision shall be made for the direct continuation of all existing streets which extend to the boundaries of a proposed allotment. In case of adjacent allotments separated by existing thoroughfares, due provision shall be made for continuing, in a practical manner, such of the existing streets through the proposed allotment as may be necessary for public requirements, subject to the approval of the Planning Commission and Council.
(Ord. 37-1955. Passed 4-11-55.)
1113.05 CONTINUATION OF STREETS ADJOINING UNALLOTTED
Where the land for a proposed allotment adjoins unallotted property capable of being allotted, then the streets in such proposed allotment need only be carried to the boundaries thereof. However, the Planning Commission may require the establishment of a temporary cul-de-sac, and the future vacation of the unneeded portions of the cul-de-sac when the extension of the street into the adjoining property occurs.
(Ord. 37-1955. Passed 4-11-55.)
1113.06 DEAD-END STREETS.
Only where site conditions make it impossible to extend streets to the boundary of the allotment shall cul-de-sac streets be approved subject to the recommendation of the Planning Commission and the approval of Council. All such cul-de-sac streets shall terminate at an offset turning circle with dimensions based on the appropriate design vehicle as shown in the table below.
DESIGN VEHICLE TYPE | OUTSIDE RADIUS | |
Minimum (ft.) | Maximum (ft.) | |
P, Passenger Vehicle |
30 |
35 |
SU, Single Unit Truck |
47 |
52 |
WB-40, Semi-Trailer Combo |
42 |
47 |
WB-50, Semi-Trailer Combo |
47 |
52 |
The design vehicles identified are the same as those defined in a Policy of Geometric Design of Highways and Streets published by the American Association of State Highway and Transportation Officials (“AASHTO”). In all other instances streets shall be carried to the boundaries of the allotment. A cul-de-sac shall be permitted within an allotment when at least one (1) street will continue to the adjoining property or when there is dual access to existing dedicated roads from and to the allotment.
1113.07 LOCATION AND WIDTHS OF STREETS.
The location and widths of proposed streets shall be such as to fit in with any plan of street development adopted by the Planning Commission or other public authority. Due regard shall be given to existing streets capable of being established in surrounding property, so that streets may be laid out through adjacent or neighboring allotments with reasonable continuity of location and width. (Ord. 37-1955. Passed 4-11-55.)
1113.08 NAME OF STREETS.
The streets shown on the plat shall be named so that there shall be no duplication of any existing street name within Cuyahoga County insofar as is practical.
(Ord. 37-1955. Passed 4-11-55.)
1113.09 SUBLOT FRONTAGE AND AREA.
Sublots shall meet all of the requirements of the Planning and Zoning Code.
(Ord. 37-1955. Passed 4-11-55.)
1113.10 STREETS WITH RESERVE STRIPS.
No plat or map of a proposed street or allotment showing reserve strips controlling access to public ways, or showing strips of land which shall not prove taxable for special improvements, shall be approved; provided, however, that such reserve strips may be shown when the control and disposal of land comprising such strips are definitely placed with the City under conditions meeting the approval of the City Engineer and the Law Director.
(Ord. 37-1955. Passed 4-11-55.)
1113.11 SITUATIONS NOT COVERED BY THESE SUBDIVISION
Any situation concerning platting regulations which is not covered by these Subdivision Regulations shall require approval from the Planning Commission before it is subject to approval of Council. (Ord. 37-1955. Passed 4-11-55.)
1115.01 REQUIREMENTS.
Requirements for the preliminary plat shall be:
(a) The owner shall prepare a preliminary plat and profiles of all streets, and other required infrastructure improvement using AutoCAD on sheets that are twenty- four (24) inches by thirty-six (36) inches.
(b) The scale of the plat shall be not less than one (1) inch equals fifty (50) feet; the profiles which may be prepared on standard cross-section paper shall have a horizontal scale of one inch equals fifty feet and a vertical scale of one inch equals five feet.
(c) The preliminary plat, which shall be plotted on a topographic survey, using two (2) foot contours, shall show the boundary outline of the land to be allotted; the location and names of boundary streets or streets terminating at the boundaries; the proposed arrangement of streets and sublots with accurate dimensions, and delineate all wetlands, streams, watercourses, proposed retention basins and other storm water management controls, and all proposed sanitary sewer and central water connections. The topographic survey shall be made by taking levels on a cross-section grid at fifty-foot intervals and shall be contoured to show existing conditions and proposed revisions adjusted to grade of houses and regrading of yards. The topographic survey shall also show all existing watercourses, culverts, storm and sanitary sewers, water mains and all existing features pertinent to the plotting of the allotment.
(d) The preliminary profiles shall show the existing elevations on the center line and at the side lines of the streets at intervals of fifty feet and at such intermediate points where there is a sharp break in grade. A proposed center line profile with vertical curves at each grade change shall be shown.
1115.02 PROCEDURE FOR APPROVAL.
The procedure for approval of the preliminary plat shall be:
(a) The owner shall first submit two (2) AutoCAD designed prints of the preliminary plat and profiles and other information required by Section 1115.01
to the City Engineer who shall check the plat against all requirements listed in these Subdivision Regulations.
(b) The City Engineer shall then forward the prints of the preliminary plat and profiles together with his comments and recommendations to the Planning Commission.
(c) The Commission shall set a date at which the plat is to be considered and shall notify the owner of such a time and place so the owner may attend.
(d) The Commission shall by record vote determine to approve or disapprove the plat as submitted or as modified to meet its suggestions.
(e) If the vote of Commission is to approve the preliminary plat, it shall send the plat to Council with a written report of its action. If the vote of the Commission is to disapprove, its action is final unless the owner elects to appeal the adverse report to Council within twenty days after the decision of the Commission.
(f) If the report of the Commission is favorable, the Council may, by record vote, approve or disapprove the plat by a majority vote of all members of Council. If the action of the Commission is to disapprove the plat, the Council can only approve the plat by a three-fourths (3/4) vote of all of its members. All actions by both the Commission and Council shall be set forth in the minutes of their meeting.
(g) If Council approves the preliminary plat, within one (1) year the owner may proceed with the final plat which shall include all modifications as suggested by the Commission or Council. The Secretary of the Commission shall retain two (2) copies of the plat and profiles showing all changes and modifications as approved by the Commission and Council. The copies shall be used to check the final plat when it is submitted for compliance with the Commission and Council’s actions.
(h) The owner shall have the right to submit the preliminary plat and profiles at the same time the owner submits the final plat to the Commission, however due to the numerous details and criteria that must be presented, and the required input from various public officials and agencies, it is recommended that only a preliminary plat and street profiles first be submitted to the Commission.
(Ord. 37-1955. Passed 4-11-55.)
1115.03 DEVELOPMENT OF VACANT LAND; PLANS FOR EROSION
In the event any developer intends to make changes in the contour of any land proposed to be subdivided, developed or changed in use by grading, excavating or the removal or destruction of the natural topsoil, trees or other vegetative covering thereon, such changes shall only be accomplished after the owner of such land or his agent has submitted to the Planning Commission for approval, a plan for erosion and sedimentation control, unless there has been a prior determination by the Commission that such plans are not necessary.
Such plans shall contain adequate measures for control of erosion and siltation where necessary, using the guidelines and policies contained in this section, and any requirements of the Cuyahoga Soil and Water Conservation District (“CSWCD”), and the Ohio Environmental Protection Agency. Any plans requiring approval of the CSWCD shall be approved on the condition that approval for such activity on the land shall also require the approval by the CSWCD.
The Commission shall review plats as submitted to insure compliance by the developer with such plats as they are finally approved.
(a) The Commission in its consideration of each preliminary plat or extension of a previously approved plat, shall condition its approval upon the execution by the developer of erosion and sediment control measures, to be specified by the Commission after receiving recommendations from the CSWCD.
(b) One copy of each approved preliminary plat or extension of a previously approved plat requiring erosion and sediment control measures, shall be referred to the CSWCD for review and recommendation as to adequate erosion and sediment control measures to prevent damage to other properties.
(c) The installation and maintenance of the specified erosion and sediment control measures shall be accomplished in accordance with standards and specifications on file with the Cuyahoga Soil and Water Conservation District, and in compliance with the Storm Water Management Control requirements of the CSWCD.
(d) Any owner or developer changing the contour of any land, by grading, excavating, filling, or the removal or destruction of the natural topsoil, trees or other vegetative covering thereon shall be considered a developer within the meaning of this section.
(Ord. 136-1971. Passed 10-11-71.)
(e) Any land being used in a manner that falls within the jurisdiction of this section shall have installed on or off site erosion and sediment controls and devices required by the CSWCD, the Ohio EPA, any NPDES permit applicable to such property, and the ordinances, rules and regulations of the City.
1117.01 REQUIREMENTS.
Requirements for the final plat shall be:
(a) The final plat shall be made by a registered professional surveyor or professional engineer who shall affix his signature and seal to the usual certificate stating the scale of the plat, the correctness of his survey and calculations; and permanent monuments shall be set at points so indicated. The title of the plat shall show the name of the subdivision; the name of the owner; the original township and lot in which it is located; that allotment is in the City; the date when signed by the surveyor or engineer, together with the certification by a registered professional surveyor of any survey performed which is the basis upon which the final plat is prepared; and the proper acceptance clauses to be signed by the owner, and consent by any mortgagee of the subdivided land, releasing their mortgage in any right-of-way offered for dedication to the public, and any open space offered to a public agency, conservancy organization or a home owners association for the subdivision, and notarized, including acceptance clauses to be signed by the City Engineer, the Secretary of the Commission, and the Clerk of Council, a dedication clause to be signed by the owner containing reference to these Subdivision Regulations, and the ordinance accepting the plat for record only, and an acceptance of dedication to be signed by the Clerk of Council for use at the proper time.
(b) The final plat shall be prepared using AutoCAD design on a recordable mylar and ten (10) copies shall be furnished to the Planning Commission Secretary and one (1) copy shall be furnished the City Engineer.
(c) The final plat shall be made to the scale of one (1) inch equals fifty (50) feet; shall be complete and consistent in itself as to all measurements; shall show all survey data, both as to monuments and courses used to define the outlines of the land allotted with appropriate certification from a registered professional surveyor that all measurements are correct to within one ten thousandth (1/10,000) of an inch in accordance with the Ohio Administrative Code.
1117.02 PROCEDURE FOR APPROVAL.
Procedure for approval of the final plat shall be:
(a) The final plat shall be submitted to the City Engineer. If he finds that all requirements of the Subdivision Regulations have been complied with, and it complies with any preliminary plat approved by the Commission and Council, with any modifications required thereto, he shall forward the same to the Commission.
(b) If the Commission finds that all requirements of the Subdivision Regulations, the Planning and Zoning Code and the ordinances of the City have been complied with and that all conditions imposed on any preliminary approval have been met, they shall recommend approval of the plat and send it to Council for final consideration.
(Ord. 37-1955. Passed 4-11-55.)
(c) The owner shall deposit with the City, for the purposes of reimbursement to the City for engineering, inspection and testing for improvements to be made to the subdivision, a sum equal to two and one-half percent (2 1/2%) of the estimated construction cost of all right-of-way improvements, landscaping and the cost of all sanitary sewer and water line and storm water management controls, which sum shall first be approved by the City Engineer. If such deposit proves to be inadequate, the owner, upon notice to do so by the City, shall forthwith pay any cost that exceeded the deposit, and an additional amount determined by the City Engineer to cover the estimated costs of the remaining engineering review, inspections and testing by the City. Any unused surplus shall be refunded to the owner upon completion of the project and upon acceptance of dedication of the improvements for the subdivision. (Ord. 80-1964. Passed 6-8-64.)
(d) Prior to approval of the final plat, the owner shall furnish the Law Director with evidence of insurance for the protection of the owner and the City for all right-of- way improvements to be installed in the subdivision, in an amount no less than Two Million Dollars ($2,000,000.00) per person, Four Million Dollars ($4,000,000.00) aggregate, with One Hundred Thousand Dollar ($100,000.00) property damage coverage, and a deductible or co-insurance of no more than Twenty-Five Thousand Dollars ($25,000.00).
(e) Prior to approval of the final plat, and any improvement plans for the subdivision, the owner shall file with the Law Director a construction performance bond in an amount approved by the City Engineer and with a form and security approved by the Law Director. The Guaranty shall be for a period covering the satisfactory completion of all subdivision improvements, and at least six (6) months longer than the time which the owner agrees to complete the improvements, and shall provide that no extension granted by the Council shall act as a release of the Bond. The Bond, when issued, shall guarantee payment for all improvements until they are installed, approved by the City Engineer and accepted by the City for dedication. If the improvements are not completed within the time agreed to by the owner or any extension granted by Council, the Performance Bond and any Guaranty therefor shall be forfeited and funds therefrom shall be collected by the City to complete the improvements. If completed by the City, it shall charge an additional ten percent (10%) of the cost of such work for administrative overhead. Any funds remaining after completion of the improvements should be returned to the owner and the surety, or financial institution providing a letter of credit, provided an appropriate Maintenance Bond has been filed with the Law Director.
(f) Prior to acceptance of improvements by the City Engineer in a subdivision, the owner shall file with the Law Director a Maintenance Bond in an amount approved by the Engineer in form and guaranty approved by the Law Director. The Bond shall be for a period of twenty-four (24) months after the date of acceptance of the improvements by the City Engineer, any additional period of time necessitated by the owner’s application for inspection of the improvements, review by the City Engineer, and until such time as the Engineer finds that all improvements are acceptable. During this period the owner shall be responsible for maintenance and the correction of any subdivision failures due to faulty or unauthorized construction, erosion, or abuse of such improvements. All improvements have to be in a condition acceptable to the City Engineer at the end of the maintenance period. If the owner fails to perform adequate maintenance to the satisfaction of the City Engineer, the Maintenance Bond shall be forfeited upon action by Council, and the City may use the Maintenance Bond to complete or repair the required improvements. If completed by the City, it shall charge an additional ten percent (10%) of the cost of such work for administrative overhead. At the end of the twenty-four (24) month maintenance period as set forth in this paragraph, the owner shall apply for an inspection of the improvements and submit the same to the City Engineer. The City Engineer shall inspect the improvements. Any necessary corrections found by the Engineer shall be made by the owner, or the Maintenance Bond shall be used by the City to make such corrections. If corrected by the City, it shall charge an additional 10% of the cost of such work for administrative overhead. When the City Engineer finds that all improvements are acceptable and that all other obligations of the owner to the City have been met, he shall so notify the owner and the Bond and any guaranty therefor may thereafter be released.
(g) Guarantees for Performance and Maintenance Bonds may be combined into a single instrument, provided it is in an amount approved by the Engineer and form and guaranty approved by the Law Director. At any time during the existence of approved Performance and/or Maintenance Bonds, the owner may exchange one form of guaranty for another, provided the substitution is approved by the Law Director.
(h) If the Council finds that all of the requirements set forth in the Subdivision Regulations and any conditions or modifications required by the Commission or Council have been met, and all fees, deposits, bonds, and insurance policies have been provided by the owner to the City, the Council shall, by ordinance, approve the final plat to permit construction of improvements and upon acceptance of dedication of all right-of-way improvements by Council, the final plat may then be recorded. After all subdivision improvements have been recommended for acceptance by the City Engineer, Council shall pass an ordinance authorizing recording of the final plat and acceptance of dedication of all streets and other improvements to be accepted for dedication by the City. The acceptance of the dedication clause on the final plat shall not be signed by the Clerk until the City Engineer has certified that the owner has complied with all requirements of the Subdivision Regulations for construction of the improvements, and Council has, by resolution, approved the final plat for record filing and acceptance of dedication of streets.
1119.01 REQUIREMENTS, IMPROVEMENT PLAN.
Requirements for the improvement of streets shall be:
(a) The improvement plans shall be prepared by AutoCAD design on twenty-four (24) inch by thirty-six (36) inch sheets with a horizontal scale of one (1) inch equals fifty (50) feet with a horizontal scale of one inch equals fifty feet and a vertical scale of one inch equals five feet by the owner's engineer, who shall be a registered professional engineer. An approved Regional Geodetic Survey datum and bench mark shall be shown on the plan. The improvement plan shall include the following: existing profile taken on the center line and side lines of the street at intervals of fifty feet and at such intermediate points where there is a sharp break in grade, approved center line profile, storm and sanitary sewers, storm water management systems and controls, on site wetland mitigation, creation, preservation or enhancement, water mains, house connections, pavement, and a typical cross section of the roadway showing underground installations and pavement and berm areas.
(b) The established grade shall be the same as the proposed center line profile as shown on the preliminary profile and approved by the City Engineer. Grade shall be calculated for each fifty foot station with vertical curves for each grade change.
(c) Wherever outlets for sewers and water mains are available to the subdivision, the owner shall install and connect at his own cost all storm and sanitary sewers, culverts, water mains, and connections for each sublot for sewers and water mains to three feet back of the edge of the proposed pavement. If however, water mains and sewer outlet facilities are not available to the property, the allotment shall not be approved unless some other water supply means and sewage outlet means, meeting with the approval of Council and the Cuyahoga County Sanitary Engineer (“CCSE”) and/or the Northeast Ohio Regional Sewer District (“NEORSD”), or agencies have jurisdiction over the Subdivision or portions of the Subdivision and any improvements to be made outside of the Subdivision and in compliance with all Ohio Environmental Protection Agency and State Department of Health regulations and requirements, are provided for each of the lots of the subdivision. All culverts or bridges necessary within the limits of the proposed streets, all box culverts and drainage outlets necessary to carry surface drainage and all of the work necessary in the intersections of the proposed street(s), with existing streets, including the repaving of such intersections and providing catch basins at such locations, shall be installed by the owners of the proposed subdivision in accordance with the Subdivision Regulations, meeting the requirements and the approval of the City Engineer, the City of Cleveland, Department of Public Utilities, the NEORSD or the CCSE, as the case may be, and Council as may be required. The improvement plan shall meet the approval of all agencies having jurisdiction over the subdivision and Council. One set of the final improvement plans as approved shall be submitted to the Clerk of Council and one complete set shall be provided to the City Engineer.
(d) After the required underground improvements have been completely installed, and in accordance with all of the standards set forth in this Chapter, and approval of the City Engineer and Council, the topcoat of asphalt, if an asphalt road is used in lieu of concrete, may be delayed, in order to avoid damage to the topcoat, upon depositing an appropriate Bond and Guaranty by the owner with the City, in an amount acceptable to the City Engineer, and in a form with such guaranty as approved by the Law Director, but in no event shall the roadway be inaccessible to construction vehicles and motor vehicle traffic adequate to insure access to any structure by any fire, police, emergency or other City or County service. The topcoat of asphalt shall be installed, at the date predetermined when the waiver of installing the topcoat is granted by the City Council, upon recommendation of the City Engineer. In the event the topcoat is not timely installed, the Bond guaranteeing such installation shall be utilized to pay for the cost of installing such topcoat and the City shall charge an additional ten percent (10%) of the cost of such work for administrative overhead.
(e) Evidence shall be furnished to the City Engineer and Council that sanitary sewer services are available for each lot from the NEORSD and the City of Cleveland, Department of Public Utilities has approved connection for water service for each lot within the subdivision.
(f) All improvements in the subdivision shall meet the specifications set forth in the Subdivision Regulations, the Ordinances of the City, and the specifications and standards on file with the City Engineer. Improvements shall be provided in subdivisions according to the provisions herein established to achieve the objectives of the Subdivision Regulations. The owner shall provide the improvements specified in Section 1119.01(g) within the proposed subdivision, and off-site and oversize improvements required to serve the proposed subdivision or to facilitate the orderly development of adjacent land which is part of the same service or drainage area. The developer shall pay for all improvements necessary to serve the proposed subdivision as determined by the City Engineer.
(Ord. 37-1955. Passed 4-11-55.)
(g) Subdivision improvements shall be furnished, constructed and installed according to improvement plans approved by the Engineer, which are based on standards included in the following appendices.
Required Improvements Standards (Refer to Appendix) | |
(1) Grading and drainage. | A. |
(2) Streets: Pavement | B |
Curb and gutters | B |
Street name signs | |
(3) Street, trees and screening | C |
(4) Communications and streetlights | D |
(5) Gas fuel service | E |
(6) Sanitary sewer and water systems | F |
(7) Monuments | G |
(8) Construction rules | H |
(h) Upon certification of approval by the City Engineer of all of the improvement plans, all improvements shall be installed in accord with rules available from the Engineer, the Subdivision Regulations and the Improvement Standards set forth in Appendix A through H.
APPENDIX A
GRADING & DRAINAGE STANDARDS
GRADING & DRAINAGE STANDARDS
A. 00 INTENT - A grading and drainage system shall be designed and constructed by the developer to provide for the proper drainage of the surface water of the subdivision and the drainage area of which it is a part. To this end the following requirements and methods shall be followed:
A.01 GRADING PLAN - The developer shall submit a Grading Plan as specified in Section 1115.03
of these Rules to the City Engineer. This Plan shall be approved by the City Engineer prior to any construction.
A.02 GRADING REQUIREMENTS - The developer shall grade the subdivision in order to establish street, block and lot grades in proper relation to each other as follows:
(a) Streets: The grading of streets shall extend the full width of the right-of-way. Planting strips shall be graded at a gradient of not less than two percent or more than three percent upward from the curb to the sidewalk or property line unless otherwise approved by the City Engineer.
(b) Blocks: Grading shall be designed to divert water from buildings, prevent standing water and soil saturation detrimental to structures and the use of the lot, and to preserve desirable site features and grades for safe and convenient access to and around structures.
(c) Lots: The floor elevation of each building shall be established in proper relation to surrounding grades, the driveway and the street. There shall be a minimum grade of two percent around each structure so that water drains to lower areas or drainage swales or storm water management devices such as retention basins and bio-remediation swales and the like which shall have minimum grade of 1.0 percent. The lot drainage system shall be designed so that surface water will drain onto the driveway, a drainage structure on the lot, a street gutter and storm sewer, or a natural drainage way. Minimum and maximum grades of drive-ways shall be 0.5 percent and 12% respectively. Grading shall be adjusted so there will be no abrupt grades in front yards and along side lot lines. Earth terraces shall have a maximum side slope ratio of 2.5:1. If a masonry retaining wall exceeds three feet in height, a hedge, fence or railing shall be provided on it.
(d) Top Soil: If grading results in the stripping of top soil, the top soil shall not be removed from the site or used as fill, but shall be saved and uniformly spread over the lots as grading is finished. Top soil removal or disturbance is regulated by the City of Garfield Heights.
(e) Trees: As many trees as can be reasonably utilized shall be retained and the grading adjusted to the existing grade at the trees.
A. 03 DRAINAGE REQUIREMENTS - Grading of the entire area of the subdivision shall be done with regard to the natural drainage of the entire drainage area involved. Open ditches, conduits, catch basins, inlets and manholes of adequate size shall be constructed to provide for such drainage. The design criteria for the drainage systems shall be as approved by the City Engineer. The following minimum design frequencies shall be used:
Residential, Commercial, Industrial | |
Storm Sewers | 10 Years |
Water Courses | 10 Years |
Culverts Across Roadways | 25 Years |
(a) Street Drainage: The street drainage system shall serve as the prime drainage system. It shall be designed to carry roadway and adjacent storm water drainage. Surface inlet spacing shall be based on a 10-year frequency with a 15-minute time of concentration to the highest inlet on any branch of the system. Ponding of water on the pavement will not be permitted. In addition, standard manholes, or combination manhole inlets for cleaning purposes shall be placed no further than 300 feet apart on storm sewer 33-inches and smaller. On larger sizes, spacing of manholes may be increased at the discretion of the City Engineer.
1. All or portions of water courses or ditches with a design capacity not exceeding the capacity of a 54-inch concrete pipe may require enclosure at the discretion of the City Engineer. Existing creeks or ditches constructed by the developer which exceed the above limit shall be constructed with a maximum 15-foot wide continuous earth roadway along the top of one bank to provide access for maintenance equipment to all sections of the ditch. The ditch easement shall be wide enough to contain said ditch slopes and roadway with ample clearance for the operation of maintenance equipment. Open ditches shall have a side slope ratio of 2:1 and a minimum bottom width of 2 feet. The actual ditch section shall be calculated to provide design capacity at 80 percent of critical depth.
2. No open ditch shall be constructed within one hundred (100) feet of the rear of a house, as measured from the house to the edge of the ditch easement.
3. All storm drainage courses carried along side lot lines shall be enclosed, regardless of previously noted criteria.
(b) Drainage Easements: Easements for drainage purposes shall be a minimum of 20 feet in width. Where the watercourse is large, easement widths shall be increased as determined by the City Engineer. Where watercourses cross plotted lots diagonally, the developer shall straighten such courses where practicable and shall substantially follow sublot lines where practicable. Easements shall be shown on the record plat and deeds and shall cover all existing or reconstructed watercourses.
(c) Material and Construction Standards:
1. Typical standard drainage system details and notes shall comply with the manual of Uniform Standards for Sewerage Improvements as adopted by the Cuyahoga County Sanitary Engineer, Northeast Ohio Regional Sewer District, and the Ohio EPA. If there are conflicts between the manual of Uniform Standards and the Garfield Heights City Ordinance, the City Ordinance shall take precedence. Where conditions necessitate the inclusion of items not shown in the manual or discussed in the Ordinance, they will be subject to the approval of the City Engineer.
2. All storm sewer pipe materials within the right-of-way shall be reinforced concrete pipe per 5.105(b) and (c) in the manual of Uniform Standards.
3. The following pipe materials are accepted and approved for storm sewer projects outside the public right-of-way:
- Polyvinyl Chloride Pipe per ASTM D-3034 and ASTM F-949
- Aluminized Steel Type 2 Corrugated Metal Pipe made from material in compliance with ASTM A-929 and ASTM A-760
- Reinforced Concrete Pipe per 5.105(b) and (c) in the Manual of Uniform Standards.
(d) Requirements of Storm Water Retention Plan. Where, in the opinion of the City Engineer, any proposed subdivision may result in significant diversion or exacerbation of storm water runoff for the property to be developed, or adjoining properties, then the City Engineer shall notify the Developer of the necessity to submit a Plan for approval by the City Engineer setting forth a manner for storm water retention to be utilized for said subdivision.
Said Plan shall include the following information:
a. An overall drainage plan of the proposed development area showing existing and proposed grading, existing and proposed runoff flow paths and drainage facilities, contributing areas draining to the drainage system, and the predominant soil types with runoff coefficients.
b. Plan view, typical cross-sections and pertinent details of the proposed retention basin and its primary and emergency outlet control structure(s),
c. Retention basin reservoir capacity versus reservoir water surface elevation calculations.
d. Outlet control structure discharge versus reservoir water surface elevation hydraulic calculations, including the assumptions or calculations made to determine the existing drainage system hydraulic gradient or water surface elevation at the outlet control structure discharge point.
e. Inflow-outflow hydrographs, both in tabular and graphical form for the one year storm, for the Critical Storm and for all storms exceeding the Critical Storm. The required inflow hydrographs shall include both pre-development and post- development conditions.
f. The assumptions and/or calculations utilized in determining the inflow hydrographs in accordance with the accepted hydrologic method.
g. Hydraulic gradient calculations for the proposed storm drainage system emptying into the retention basin based on the Critical Storm. Design year and other storm design year frequencies may be required by the City Engineer for the storm drainage system hydraulic grading calculations, should the City Engineer deem necessary.
After the information required in paragraphs a. thru g. have been provided to the City Engineer, the City Engineer may approve the Storm Water Retention Plan for the development, provided the following standards have been met by such proposed Storm Water Retention Plan:
a. The peak flow rate or runoff generated from the Critical Storm and all more frequent storms occurring on the proposed development area does not exceed the peak flow rate or runoff from a one year frequency, 24 hour storm occurring on the same area under pre-development conditions.
b. Storms of less frequent occurrence (longer return periods) than the Critical Storm up to the 100 year storm have peak flow runoff rates no greater than the peak flow runoff rates from the equivalent size storms under pre-development conditions. Consideration of the one (1), two (2), five (5), ten (10), twenty-five (25), fifty (50), and one hundred (100) year storms will be considered adequate in designing and developing drainage facilities to meet this standard.
The Critical Storm for a specific development area shall be determined as follows:
a. The total volume of storm water runoff from a one (1) year frequency 24 hour storm occurring on the development area before and after development shall be determined. The total runoff volume shall be determined by a "Peak Discharge" of calculation peak rate and total volume of runoff as described in the U.S. Soil Conservation Service's Urban Hydrology for Small Watersheds", Technical Release No. 55 and its latest editions, including all applicable supplements or other accepted methods as approved by the City Engineer. This hydrologic method shall also be utilized for all retention basin inflow design calculations.
b. Based upon the volumes calculated in paragraph a. above, determine the percent increase in volume of runoff due to the development and using this percentage, select the 24 hour Critical Storm from the following table.
IF THE PERCENTAGE OF INCREASE IN VOLUME OF RUNOFF IS:
EQUAL TO OR GREATER THAN |
AND LESS THAN |
THE CRITICAL STORM FOR DISCHARGE LIMITATION WILL BE |
10 |
1 Year | |
10 |
20 |
2 Year |
20 |
50 |
5 Year |
50 |
100 |
10 Year |
100 |
250 |
25 Year |
250 |
500 |
50 Year |
500 |
--- |
100 Year |
APPENDIX B
STREET STANDARDS
STREET STANDARDS
B. 00 INTENT - The developer shall design and construct pavements, curbs, gutters, and shall install street name signs according to the following standards.
B.01 DESIGN - The design of streets or street sections in a subdivision shall be based on the following standards:
Arterial Street | Collector Street | Local Street | |
Minimum Right-of-Way | 80' | 60' | 60' |
Minimum Center Line Radius | 500' | 300' | 200' |
Grade: | |||
Minimum | 0.7% | 0.7 % | 0.7% |
Maximum | 5% | 7% | 8% |
Intersections: | |||
Minimum Perpendicular Distance From Intersecting Centerlines | 300' | 200' | 100' |
Minimum Radius of Turn-out on Right-of-Way | 30' | 30' | 30' |
Arterial Street: An arterial street is a street which is primarily for moving fast or heavy traffic between large or intensely developed areas.
Collector Street; A collector street is a street supplementary to and connecting arterial and local streets.
Cul-de-Sacs: The minimum right-of-way and roadway radius of cul-de-sac turn-arounds shall be 60 feet and 50 feet, respectively.
Local Street: A local street is a street primarily for access to abutting property and serving local needs.
Street: A street is a public way for vehicular circulation including the entire right-of-way. The term includes, but is not limited to avenue, alley, boulevard, drive, highway, road and private streets serving residential, recreational, commercial and industrial purposes.
Temporary Turn-Arounds: The minimum right-of-way radius of a temporary turn-around shall be 60 feet. The type and arrangement of pavement shall be determined by the City Engineer.
B.02 PAVEMENT - The developer shall engage a geotechnical engineer to perform the proper soils testing of the soils affected by road construction to determine the strength of existing subgrade to be considered in a pavement design with average daily traffic considerations. All road pavements shall be designed using an approved American Association of State Highway and Transportation Officials (“AASHTO”) method. Other minimum requirements include the following:
a. TENSAR Bi-axial Geogrid BX-1200, or approved equal, shall be used at the interface of the subgrade and aggregate base for all flexible (asphalt) pavements.
b. TENSAR Bi-axial Geogrid BX-1200, or approved equal, shall be used at the interface of subgrade and sub-base for all rigid (concrete) pavements.
c. The minimum sub-base layer for all rigid pavements shall be four inches.
d. Aggregate base used for flexible pavements shall consist of limestone only.
e. Minimum required material thickness for flexible pavements shall consist of the following:
asphalt wearing course = 1 ¼” asphalt intermediate course = 1 ¾” bituminous aggregate base = 3” limestone aggregate base = 8” |
f. Rigid pavements shall at least be eight inches thick plus four inches of sub-base.
g. All new road, street and highway construction and reconstruction of existing street facilities shall include underdrains.
h. All pavement materials shall conform to the most current version of the Ohio Department of Transportation Construction and Material specifications.
B.03 CURBS & GUTTERS - Concrete curbs and gutters shall be constructed according to the details and notes shown in the Ohio Department of Transportation’s most current Standard Construction Drawings. All concrete material shall comply with the most current Ohio Department of Transportation Construction and Material Specifications.
B.04 STREET NAME SIGNS - The developer shall install a street sign showing the names of all streets at all street intersections. The design and location of signs shall conform to City standards.
B.05 SEEDING - All unpaved areas within the right-of-way shall be fertilized, seeded and mulched in accordance with Ohio Department of Transportation, Construction and Material Specification, Item 659. Seed mixture shall be that specified for areas considered to be urban in character. In areas with slopes with a horizontal to vertical ratio of 3:1 or steeper, permanent turf reinforcement mats shall be utilized to prevent soil erosion.
APPENDIX C
STREET TREES & SCREENING
C.00 INTENT - Street trees and screening shall be provided by the developer in accordance with the following standards:
C.01 PROGRAM - A tree-planting and screening program based on the approved Preliminary Plat shall be prepared as part of the required subdivision improvement plans by a qualified Landscape Architect for trees and screening along streets and in public areas, including the species to be used on specific street, spacing, the distance from curbs, street intersections, private driveways and street lights; and minimum size and height to lower branch. The program shall be in accordance with the objectives of ) of the American Society of Landscape Architects Old Urban Forestry Policy (1991, revised 2001) and the Atmosphere Pollution Policy (revised 2000, revised 2001).
C.02 TREE STANDARDS - The selection and spacing of trees shall be according to improvement plans approved by the City Engineer. Trees shall be planted along new streets at intervals of 50 feet. Tree species shall be selected that will fill the space desired within a reasonable time and producing a pleasing effect in scale with adjacent developments. Miniature tree species shall not be used except for special design considerations of scale, such as in pedestrian ways, and not used merely as a means of reducing maintenance. Trees of untried species, unknown endurance or requiring frequent spraying shall not be used. Trees generally recommended are Red Maple, Norway Maple, Sugar Maple, Red Oak, White Oak, Thornless Honey Locust, London Plane, Amur Cork and Sweet Gum. Trees which have undesirable characteristics such as, excessively thick foliage, low branches, unpleasant odors, susceptibility to disease or attack by insects or large root systems such as Poplar, Willow, Cottonwood, American Elm, various nut and fruit trees, Ailanthus, Mountain Ash and Oregon Maple shall not be planted in any tree lawn.
C.03 SCREENING - The Commission may require and permit planting screens or fences where reverse frontage lots abut arterial streets or between arterial and collector streets, provided such screening does not constitute a safety hazard. Proposed screening shall be submitted for approval with the Preliminary Plat.
APPENDIX D
COMMUNICATIONS & STREET LIGHTS
D.00 INTENT - The following requirements and rules shall apply to all new subdivisions:
(a) Preliminary plans with respect to any new subdivision shall be submitted to all utility companies serving the proposed subdivision as well as the City Engineer for their review and recommendations.
(b) Utility easements at least 12 feet in width for communication and electric power and street lighting facilities shall be provided on all front lot lines and along certain side and rear lot lines.
(c) Prior to final approval by the City Engineer, the developer shall have installed or shall have furnished adequate bond for the ultimate installation, in accordance with these standards, the following:
1. Underground communication cables and cable television cables.
2. Underground distribution cables for power and street lighting from a common distribution system, and all equipment necessary in the operation of the system.
3. Adequate provision for street lights according to improvement plans approved by the City Engineer.
(d) The developer shall bear the increase in costs, if any, over the normal mode of construction of communication or electrical lines and facilities, as determined by the telephone or electric company involved according to their rules and regulations.
(e) The City Engineer may waive the above rules when undue hardship may result from strict compliance. In such cases, the City Engineer shall prescribe only conditions that he sees necessary or desirable for the public interest and finds that there are special circumstances or conditions which would deprive the applicant of the reasonable use of his land.
D.01 STANDARDS - The following standards shall apply to all proposed subdivisions:
(a) All communication, cable television, electric power and street lighting wires, conduits or cables to serve lots in the subdivision shall be constructed underground and upon easements provided for utilities, except that wires, conduits or cables owned by or serving individual customers and located wholly on the customer's property, need not be located upon easements.
(b) All underground communication, cable television, electric power and street lighting wires, conduits or cables shall be constructed in accordance with the standards or rules required by the Public Utilities Commission of Ohio.
(c) Provision shall be made 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 15 feet and spaced no farther apart than every fourth lot. Provisions shall be made for the ultimate installation of street lighting standards on arterial and collector streets by the electric utility serving the subdivision to provide light intensity meeting the minimum recommendations of American Standard Practice for Roadway Lighting. Until used the wiring so provided shall be safely insulated and de-energized.
APPENDIX E
GAS FUEL SERVICE
E. 00 INTENT & STANDARDS - The developer shall submit plans for a gas fuel distribution system for the proposed subdivision with the subdivision improvement plans. The gas system shall be designed and constructed in accordance with the rules and standards of the gas company servicing the subdivision as approved by the City. Lines shall be installed before the improvements are accepted for dedication by the City.
APPENDIX F
SANITARY SEWER AND WATER SYSTEM STANDARDS
F.00 INTENT - The developer shall construct a sanitary sewage system which discharges into a regional or County operated waste water treatment facility. Developer shall connect to City of Cleveland, Division of Water, water mains for water service to the subdivision.
F.01 SANITARY SEWER STANDARDS - Collection systems shall be designed and constructed in accordance with the Manual published by the CCSE, NEORSD and the Ohio EPA for review and approval prior to receiving a building permit from the City.
a. All plans for proposed sanitary sewer systems located outside the public right-of-way must be submitted to the Ohio EPA, CCSE, and/or NEORSD for review and approval prior to receiving a building permit from the City.
b. All plans for proposed sanitary sewer systems located within the public right-of-way must be submitted to Ohio EPA, CCSE, and/or NEORSD for review and approval prior to commencement of construction.
F.02 WATER SUPPLY STANDARDS – The subdivision shall be provided with a complete water distribution system, connected to the City of Cleveland, Division of Water System,, including a connection for each lot and appropriately spaced fire hydrants in accordance with the City of Cleveland, Department of Public Utility Rules and Regulations. Public water distribution shall meet the requirements of the City of Cleveland, Division of Water, and the Ohio EPA.
APPENDIX G
MONUMENT STANDARDS
G.00 INTENT - Permanently installed monuments which are adequate for a resurvey of the subdivision shall be provided by the developer at all principal survey points shown on the record plat.
G.01 MONUMENT STANDARDS
a. When necessary in accordance with the accepted surveying practice and legal requirements, the surveyor shall set boundary monuments so that, upon completion of the survey, each corner of the property and each reference to control station will be physically monumented, except as set forth in the following paragraph.
b. When it is impossible or impractical to set a boundary monument on a corner, the surveyor shall set a reference monument, similar in character to the boundary monument and preferable along one of the property lines which intersect at that corner. When such a reference monument is used, it shall be clearly identified as a reference monument on the plat of the property and in any new deed description which may be written for the property.
c. Every boundary monument and/or reference monument set by the surveyor shall, when practicable:
(1) Be composed of a durable material.
(2) Have a minimum length of thirty inches.
(3) Have a minimum cross-section area of material of 0.21 square inches.
(4) Be identified with a durable marker bearing the surveyor’s Ohio registration number and/or name or company name.
(5) Be detectable with conventional instruments for finding ferrous or magnetic objects.
d. When a case arises, due to physical obstructions such as pavements, large rocks, large roots, utility cables, etc., so that neither a boundary monument nor a reference monument can be practicably set in accordance with paragraph c. of this standard, then alternative monumentation, which is essentially as durable and identifiable (e.g., chiseled “X” in concrete, drill hole, etc.) shall be established for the particular situation.
e. On new roadways, monuments shall be set in monument boxes as shown graphically in the Planning and Zoning Code and on the standard construction drawings on file in the office of the Engineer.
f. Evidence of the existence of all such monuments shall be demonstrated as a prerequisite to the sale of a sublot.
APPENDIX H
CONSTRUCTION RULES
H.00 INTENT & RULES - Upon certification of approval by the City Engineer of improvement plans, all improvements shall be installed in accord with rules available from the City Engineer, these subdivision regulations and the improvement standards appendiced to the regulations.
(i) Subdivisions shall be planned to take advantage of natural features, which will result in an attractive environment and minimize required construction of storm water management facilities and controls, utilities, grading and removal of trees and topsoil. Streets shall follow natural drainage courses where appropriate. On irregular topography, streets shall parallel contours to avoid extensive cut and fill. In so far as possible, lots shall be above street grade. Subdivisions shall be designed to take advantage of natural contours so that all of the land can be drained with a minimum of reshaping. In so far as possible, open drainage courses shall not parallel side lot lines. Where a proposed subdivision includes a natural lake or pond, or a lake or pond will be created in such subdivision, the Commission may require the installation of hydrant connections to such body of water where, in the opinion of the Commission, such connections shall substantially benefit the health or safety of the inhabitants of such subdivision. Natural features, such as substantial tree cover, water courses, lakes, hills and open space within a proposed subdivision shall be integrated into its design to obtain natural variety and interest in each neighborhood and the most attractive view as possible. Whenever possible, natural conditions such as ponds, creeks, lakes, marshes, streams, watercourses or wetlands shall be preserved. Where property proposed to be subdivided is indicated to be wetlands or streams within the jurisdiction of the United States Army Corps of Engineers, or the Ohio Environmental Protection Agency, the Commission may require adequate proof of compliance by the developer with Federal or State Wetland Laws, Rules and Regulations including verification of issuance of Sections 401 and 404 Certificates from the appropriate governmental agencies.
(j) The following percentage of the gross area of the subdivision shall be devoted to open space, conveyed to a homeowners association, and every lot owner shall be required to be a member of the Association:
(1) U1 zoning districts (10%).
(2) U2 zoning districts (10%).
(3) U3 zoning districts (20%).
(k) Gross area shall mean all land including right-of-ways and land subject to easements within a proposed subdivision. Where common land is required, restrictions and covenants providing for its continued maintenance, enforceable by the City, shall be subject to Commission approval. All such open space shall be conveyed to a homeowners association that is formed in accordance with organizational documents and subject to deed restrictions that are approved by the Law Director. Each lot owner shall be mandated to pay their proportionate share of cost to operate the Association and to maintain the common areas. When a subdivision is completed in phases, each phase shall have sufficient open space set aside for the gross area of each phase by conveyance of land to the Association for that phase.
(l) Easements shall be designed to implement compliance with the following standards:
(1) Pedestrian easements at least 12 feet wide may be required to cross blocks or at the end of cul-de-sac streets to provide access to business areas, schools, open space or other facilities where convenient pedestrian circulation has not been provided by the street pattern.
(2) Where utilities are not located in a street, easements at least 12 feet wide should be located on the center of rear lot lines or on side lot lines when necessary.
(3) When a subdivision is traversed by a drainage way, channel, stream or other water course, a drainage easement shall be provided. Insofar as possible the rear lot line shall be planned along such drainage ways.
1119.02 PROCEDURE FOR APPROVAL.
Procedure for improvement of streets and other subdivision improvements:
(a) The owner's engineer shall submit to the City Engineer all improvement plans for his approval. The plans for water shall be sent to the Cleveland Water Department for required approval; a copy of the approval to tie into the City water and a copy of the approval of the specifications for the water system shall be filed with the City Engineer. The plans for the sanitary sewers shall be sent to the NEORSD and a copy of the approval to tie into the sanitary sewers and the specifications for the sewer system shall be filed with the City Engineer.
(b) A set of duplicate tracings of all improvement plans shall be filed with the City Engineer before any construction may be started. Complete specifications shall be approved by the respective agencies and filed in triplicate with the City Engineer.
(c) The owner shall deposit with the Director of Finance the deposit required by Section 1117.02
(c) in the amount determined by the City Engineer to defray all expenses incurred in approving plans and specifications and any additional costs of inspection by the City Engineer and City employees and officials, agents, consultants and contractors during construction of the improvements at the subdivision and the estimated cost to repair expected damages to existing facilities. If the deposit proves to be inadequate, the owner, upon notice to do so by the City, shall deposit such additional amount forthwith. If there is a surplus, such excess shall be returned to the owner. The deposit shall be delivered to the Director of Finance before the City Engineer reviews and approves the improvement plans. If such deficiencies of these funds occur during the construction of the improvements, the owner shall have a period of seven days to make the necessary deposit; if the owner fails to comply, the City Engineer may order the discontinuance of the construction of the improvements until the owner complies with the regulations. As soon as plans and specifications have been approved by the City Engineer, Cleveland Water Department, the NEORSD, and Council, and the owner has deposited all required fees and deposits, insurance, and Title Insurance in an amount to be determined by the Law Director, verifying the owner is in title to the Subdivision, and verifying all liens and encumbrances on such property to assure that all such holders of any encumbrance or lien have released the streets and common areas from the effect of their lien or encumbrance, the owner may proceed with construction of the improvements to the subdivision.
(d) All work shall be guaranteed to be completed no later than November 1st of the year in which the work is started, or in the event the work cannot reasonably be completed by such date, as part of the improvement plans, and the Performance Bond obligations of the owner, any disturbed areas shall be seeded and subjected to erosion controls over the course of the winter and spring until the seeding fully germinates and the subdivision improvement work can continue based on weather conditions in the following year.
(e) The Building Commissioner shall not issue building permits for construction of any structures on any newly created lot until all subdivision improvements have been installed in accordance with the improvement plans, have been inspected by the City Engineer, the City Engineer has recommended acceptance for dedication of all right-of-way improvements, certified that all storm water management controls are in place, all common areas are properly established and any improvements thereon constructed in accordance with plans approved by the City Engineer, the City Council has accepted the streets in the subdivision for dedication, and the final plat has been recorded with the County Recorder.
1119.03 ACCEPTANCE OF STREETS; STREET SIGNS.
(a) Following the completion of all subdivision improvements required by the improvement plans, and any other requirements of the City Engineer, an inspection of all such improvements shall be made by the City Engineer. Any defects disclosed by this inspection shall be corrected by the owner by the date established by the City Engineer. As soon as the improvements installed by the owner have been approved by the City Engineer, and are ready for acceptance by City Council, the owner shall file with the Law Director Title Insurance in the amount of at least Ten Thousand Dollars ($10,000.00) meeting with the approval of the Law Director, showing that title to the street or streets in the subdivision to be good in the City for street purposes, and to be free and clear from all encumbrances whatsoever. Council shall then approve the plat for recording, and accept the streets in the subdivision for dedication and release any Performance Bond, so long as a Maintenance Bond has been provided to the City in accordance with these Subdivision Regulations.
(Ord. 125-1955. Passed 10-24-55.)
(b) In addition to the other requirements hereof, the owner shall place street signs within the subdivision identifying the streets, and shall further place such safety signs with reference to speed, caution, children, etc., as may be required by the Safety Director.
(Ord. 27-1966. Passed 3-14-66.)
(c) No person or owner shall place any street designation sign within the City other than one conforming to the following specifications:
(1) An integrally cast virgin aluminum sign, approximately twenty-four inches by five inches, bearing Federal Works letters, which signs shall have provision to mount at 180, forty-five and ninety degree angles in coupled assembly.
(2) Such signs shall be furnished in glade green color, with white reflected letters and numbers.
(3) Such sign shall be approximately five-sixteenths of an inch in thickness.
(Ord. 28-1966. Passed 3-14-66.)