Gates Mills City Zoning Code

TITLE THREE

Subdivision and Land Developoment Regulations

APPENDIX I Forms for Final Plat Certification

Form 1 TITLE

(name) Subdivision

Part of original tract

(municipality)

(county)

Form 2 CERTIFICATE OF OWNERSHIP AND DEDICATION

I (we), the undersigned (name lettered) owner(s) of the property shown and described hereon as the Subdivision, do hereby assent to and adopt this subdivision of the same, and acknowledge that the same was made at our request.

(owner) (signature) (

(lettered) (Witness)

(

(owner) (signature) (

(lettered)

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

State of Ohio )

County of )

Before me, a Notary Public in and for said County and State, personally appeared the above who

acknowledged that he (she or they) did sign the foregoing instrument and that the same is his (her or their) free act and deed.

IN WITNESS WHEREOF, I have hereunto set my hand and official seal at , Ohio, this day of , 19 .

Notary Public

My Commission Expires

Form 3A ACKNOWLEDGEMENT BY CORPORATION

State of Ohio )

County of )

Before me, a Notary Public in and for said County and State, personally appeared , President, and , Secretary, of , the corporation which executed the foregoing instrument, who acknowledged that they did sign said instrument as such president and secretary in behalf of said corporation and by authority of its board of directors, and that said instrument is their free act and deed, individually and as such officers, and the free and corporate act and deed of said corporation.

IN WITNESS WHEREOF, I have hereunto set my hand and official seal at , Ohio, this day of , 19 .

Notary Public

My Commission Expires

Form 4 CERTIFICATE OF SURVEYOR

I hereby certify that I have prepared this survey and plat of Subdivision and that the same are correct and accurate.

Registered Surveyor - Ohio Ser. #

Date 19

Form 5 APPROVAL BY COUNCIL

This plat of Subdivision has been approved for record purposes only by the Council of the Village of Gates Mills, Ohio, by resolution No. adopted .

, 19

Clerk of Council

Form 6 CERTIFICATE OF THE APPROVAL OF BOND FOR REQUIRED IMPROVEMENTS

I hereby certify that the streets, utilities and other required improvements for the subdivision herein approved have been designed in accordance with the regulations and standards in effect, that I have estimated the cost of materials and construction to be $ and that performance guarantees in the amount of $ have been posted to assure

completion of all improvements in case of default.

, 19

Village Engineer

Form 6A CERTIFICATE OF THE APPROVAL OF CONSTRUCTION OF REQUIRED IMPROVEMENTS

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

, 19

Village Engineer

Form 7 ACCEPTANCE OF PUBLIC LANDS BY COUNCIL

The (park) (playground) (easements) or (other public areas), as noted hereon in graphic symbols, were accepted for dedication by the Council of the Village of Gates Mills, Ohio, by Ordinance No. .

, 19

Clerk

Form 8 ACCEPTANCE OF STREETS FOR PUBLIC USE

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

, 19

Clerk

Form 9 NOTATION THAT STREETS NOT ACCEPTED FOR PUBLIC USE

"Plat approved by the Council of the City of for the purpose of record on this day of by Ordinance No. . The approval of this plat does not constitute an acceptance as public thoroughfares of the streets shown thereon nor does such approval constitute an acceptance of such streets by the Village of Gates Mills for the purpose of maintenance thereof".

,19

Clerk

Form 10 COUNTY RECORDS

Transferred this day of , 19 .

County Auditor

Recorded in Plat Book , Page No. .

this day of , 19

County Recorder

1131.01 TITLE.

This Title Three of the Planning and Zoning Code, providing for the establishment of regulations, rules and standards for subdividing and developing land within the Village, including procedures for administration and penalties for the violation thereof, shall be known, cited and referred to as the "Subdivision and Land Development Regulations" of the Village of Gates Mills, Ohio, and shall be referred to herein as "these Regulations".

(Ord. 2362. Passed 10-9-89.)

1131.02 STATEMENT OF FINDINGS.

(a) The Planning and Zoning Commission of Gates Mills and the Council each find that the Village contains lands which have unique scenic, residential, recreational and scientific value, which qualities benefit not only the residents of the Village but also residents of Cuyahoga, Lake and Geauga counties.

(b) The Commission and the Council each also find that a significant portion of the lands in the Village are comprised of exceedingly steep slopes, are located in flood plains, contain soils which are unsuitable for septic systems, and lack a dependable supply of well water.

(c) The Commission and the Council each find it necessary to regulate the subdivision of land and the splitting of lots in order to preserve and protect not only the public interest in the preservation of natural beauty and terrain but, even more importantly, to protect the public health and safety by preventing the erosion of soils, the contamination of water supplies, the increased runoff of surface water and the increased risk of flood damage.

(d) The Commission and the Council each find that in order to benefit the ultimate purchasers of lots in the Village who thereby become future residents and taxpayers hereof, developers of subdivisions should provide evidence that each newly created lot in such subdivision contains at least one suitable building site with reasonable access, a reasonable grade, an available supply of water and an adequate field for the placement of a properly designed septic system, and is designed in a way so as to minimize the amount of surface water runoff from the lot so as to prevent soil erosion and flooding.

(Ord. 2362. Passed 10-9-89.)

1131.03 PURPOSE AND OBJECTIVES.

(a) The general purpose of these Regulations shall be to guide and regulate the subdivision and development of land in order to promote and protect the public health, safety, convenience, comfort, prosperity and general welfare. It is intended that the provisions of these Regulations shall be applied to achieve the following objectives:

(1) Protection of the public health and safety by preventing the contamination of water supplies, the erosion of soils, the excessive runoff of surface water and the increased risk of flood damage.

(2) Safe and convenient vehicular and pedestrian circulation as well as safe and convenient access and circulation, for police, fire and medical vehicles.

(3) Protection of the scenic values and the scenic resources of the Village, particularly the natural beauty and terrain of the Village, the foremost of which is the Chagrin River Valley, together with the preservation of biological and ecological diversity.

(4) Preservation of open space for the general welfare of the residents of the Village, including recreational, environmental and other purposes.

(5) Orderly development of the land.

(b) These Regulations shall also provide that each newly created lot meets not only the applicable minimum size requirement contained in the Zoning Code and the Zoning Map of the Village, but also contains at least one suitable building site which conforms to the setback requirements of the Zoning Code and which has reasonable access, a reasonable grade, an available supply of water and an adequate area for the placement of a properly designed septic system, and is designed in a way as to minimize the amount of surface water runoff from the lot so as to prevent soil erosion and flooding.

(c) These Regulations shall also ensure the accurate surveying of land and the proper preparation and recording of plats.

(Ord. 2362. Passed 10-9-89.)

1131.04 INTERPRETATION; AUTHORITY.

These Regulations shall be considered minimum requirements for the protection of the public health, safety, comfort, property and general welfare, pursuant to the authority of the Constitution of the State of Ohio, the Charter of the Village and the platting and land subdivision statutes contained in Ohio R.C. Chapter 711, or such statutes as may hereinafter be in effect.

(Ord. 2362. Passed 10-9-89.)

1131.05 AMENDMENTS.

Amendments to these Regulations may be initiated by either the Planning and Zoning Commission or by Council. The Commission shall hold a public hearing on all proposed amendments, whether initiated by the Commission or referred to the Commission by the Council. The Commission shall promptly, after such hearing, make a report to Council on the proposed amendment, which report shall summarize the results of the public hearing and the effect of the amendment, especially as it relates to the findings and objectives set forth in Sections 1131.02 and 1131.03, and shall contain the recommendation of the Commission as to whether or not such amendment should be approved by Council. The Council shall consider such report and may pass any ordinance providing for such amendment only upon the affirmative vote of at least five members of Council.

(Ord. 2362. Passed 10-9-89.)

1131.06 SEPARABILITY.

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

(Ord. 2362. Passed 10-9-89.)

1131.07 DEFINITIONS.

The following terms shall have, throughout these Regulations, the meaning herein given. Words used in the singular include the plural. Words used in the present tense include the future tense. The word "shall" is mandatory; the words "should" and "may" are directory and shall be complied with unless waived.

(a) "Access drive" means a private way used to serve one dwelling and which cuts onto a local street.

(b) “Adult use cannabis operator” means a Level I adult use cultivator, a Level II adult use cultivator, a Level III adult use cultivator, an adult use processor, and an adult use dispensary, all as defined in Section 3780.01 of the Ohio Revised Code, as said Section may be amended from time to time.

(c) "Commission" means the Planning and Zoning Commission of the Village established pursuant to Article VII, Section 8, of the Charter of the Village.

(d) "Council" means the legislative body of the Village.

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

(f) "Drainage way" means the land required for construction of stormwater sewers or drainage ditches, or required along a natural stream or watercourse.

(g) "Easement" means a grant by a property owner to anyone of the use of land for a specific purpose or a restriction on the use of land for a specific purpose. (Ord. 2362. Passed 10-9-89.)

(h) "Easement for access" means an easement for access, for the purposes set forth in Section 1163.02 of the Zoning Code, which shall be at least thirty feet wide with an eighteen-foot wide paved roadway, improved in accordance with regulations for pavements in streets, and any such easement for access shall serve not more than two lots. For the purpose of yard and lot area measurements, such easement for access shall form a part of such side yard or lot area as required by the Zoning Code. (Ord. 3054. Passed 4-11-00.)

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

(j) "Lot" and "parcel" mean a division of land separated from other divisions by description on a recorded subdivision plat or recorded survey map, or by metes and bounds, for purposes of sale, lease or separate use.

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

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

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

(n) "Preliminary plan" means a drawing for the purpose of study of a subdivision and which, if approved, permits proceeding with the preparation of the final plat.

(o) "Setback line" means a line established by the Zoning Code which may be included on a subdivision plat, defining the limits of the parcel from adjoining parcels and in which no structure may be located.

(p) "Street" means an avenue, highway, road or other way proposed for vehicular traffic and any existing State, County, Township or Village street or way shown upon a plat heretofore duly approved, filed and recorded in the office of the County Recorder. The term includes the land between the street right-of-way lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, division strips or other areas within the street lines. Streets shall be classified as follows:

(1) "Major street" means a street which is primarily for moving fast or heavy traffic.

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

(q) "Subdivision" and the verb "to subdivide" mean:

(1) The division of any parcel of land shown as a unit or as contiguous units on the last preceding tax roll, into three or more parcels, sites or lots, any one of which is less than five acres, for the purpose, whether immediate or future, of transfer of ownership, provided, however, that the division or partition of land into parcels of more than five acres not involving any new streets or easements of access, and the sale or exchange of parcels between adjoining lot owners, where such sale or exchange does not create additional building sites, shall be exempted; or

(2) The improvement of one or more parcels, sites or lots of land for residential or commercial structures or groups of structures involving the division or allocation of land for the opening, widening or extension of any street or streets; the division or allocation of land as open spaces, for common use by owners, occupants or lease holders, or as easements for access or for the extension and maintenance of water, storm drainage or other public facilities.

(r) "Village" means the Village of Gates Mills.

(Ord. 2362. Passed 10-9-89; Ord. 2024-29. Passed 10-15-24.)

1133.01 VARIANCES.

Where the Commission finds that the land involved in a subdivision is of such size or shape, or is subject to such title limitations, or is affected by such topographical conditions, or is to be devoted to such usage, that it is impossible or impracticable in the particular proposal for the developer to fully conform to the mandatory provisions of these Regulations, the Commission may grant a variance from such mandatory provisions as may be reasonable, provided, however, that no such variance shall be granted which impairs the purpose and objectives of these Regulations as set forth in Section 1131.03, and provided, further, that no action shall be taken by the Commission until it shall cause notice of the proposed variance to be sent by registered mail, return receipt requested, to all abutting, adjoining property owners and others considered by the Commission to be affected property owners, and a reasonable time, not less than ten days, shall be allowed for a reply from the property owners before action is taken by the Commission. Such notice shall be sent by to the address of such property owner(s) appearing on the County Auditor's current tax list or the Village Treasurer's current mailing list. The failure of delivery of such notice shall not invalidate the action of the Commission. However, if, due to inadvertence, a property owner to whom notice should have been sent has not been notified and such property owner protests the Commission action, the Commission may reconsider and reverse its prior action provided that the applicant is not prejudiced by the Commission's action.

(Ord. 2433. Passed 6-11-91.)

1133.02 APPEALS.

A developer aggrieved by any final action of the Council in regard to refusal to approve a subdivision may appeal such decision pursuant to Ohio R.C. Chapter 2506. (Ord. 2362. Passed 10-9-89.)

1133.03 SCHEDULE OF FEES AND DEPOSITS.

(a) Plat and Lot Split. At the time of filing the application for approval of any plat, lot split, lot consolidation or boundary line adjustment, there shall be paid to the Treasurer a filing fee in the amount of one hundred dollars ($100.00) for a lot split, lot consolidation or boundary line adjustment, and three hundred fifty dollars ($350.00) for a subdivision. At such time there shall also be deposited with the Treasurer and thereafter maintained on deposit the amount of two thousand, five hundred dollars ($2,500) for a subdivision and seven hundred fifty dollars ($750.00) for a lot split, lot consolidation or boundary line adjustment, which sums shall ensure the payment by the applicant of all expenses incurred by the Village in the processing of the application and of all pertinent papers connected therewith.

The cost and expense of any investigation which may be necessary by the Village Engineer, the Director of Law and other Village officials, to determine whether or not such proposed subdivision or lot split, lot consolidation or boundary line adjustment, is in accordance with law, and to determine whether or not its improvements, if any, have been made or are being made in accordance with the requirements of the Village, the cost of any and all notices required, and all other expenses, shall be paid by the developer.

The actual expenditures shall be paid by the applicant upon demand of the Treasurer. The unexpended balance of the deposit shall be refunded to the applicant upon the completion of all administrative proceedings involved in connection therewith. No filing fee shall be refunded or returned. No building permits shall be issued until all amounts required to be paid by the applicant have been paid.

(Ord. 2863. Passed 9-9-97.)

(b) Recording Expenses. Any person, firm or corporation desiring to improve or develop land in the Village shall prepare, execute and deliver to the Building Official the instruments necessary to carry out the improvements as required by the rules, regulations and ordinances of the Village at the cost and expense of the developer. At the time the application for the approval of such improvements is requested, the applicant shall also deposit funds to pay the cost and expense of recording the documents necessary for such improvements based on the recording fees established by the County Recorder from time to time. The funds collected pursuant to this section shall be deposited into the General Fund of the Village.

(Ord. 2362. Passed 10-9-89.)

1133.04 LAND TRANSFER BEFORE RECORDING; PENALTIES.

(a) Whoever, being the owner or agent of the owner of any land located within the jurisdiction of these Regulations, willfully transfers any lot or parcel of such land in accordance with any plat of a subdivision before such plat has been recorded, shall forfeit and pay a sum not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) for each lot or parcel of land sold. The description of such lot or parcel by metes and bounds in the deed of transfer shall not serve to exempt the seller from the forfeiture herein provided for. The Village may enjoin such sale or agreement by a civil action in any court of competent jurisdiction.

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

(Ord. 2362. Passed 10-9-89.)

1133.99 PENALTY.

Whoever violates or fails to comply with any of the provisions of these Regulations, for which no penalty is otherwise provided, or fails to comply with any order issued pursuant thereto, shall be fined not less than ten dollars ($10.00) nor more than one thousand dollars ($1,000).

(Ord. 2362. Passed 10-9-89.)

1135.01 PRE-APPLICATION.

The Village shall make available to developers copies of these Regulations, the Zoning Code, the Zoning Map and other adopted plans, street maps and information which may affect the development of the property under consideration. Applications for approval of a subdivision shall be in accordance with these Regulations and other codes and plans as adopted and information furnished.

(Ord. 2362. Passed 10-9-89.)

1135.02 TECHNICAL REQUIREMENTS.

Plans, profiles, maps, data and plats shall be prepared and furnished by the developer and meet the technical requirements set forth herein in order to assure accurate surveying, and to provide adequate information for designing, preparing, reviewing and approving preliminary plans and for reviewing, approving and recording final plats. (Ord. 2362. Passed 10-9-89.)

1135.03 PRELIMINARY PLAN.

(a) Application for Approval. A written application for approval and ten black-on-white prints of a preliminary plan and profiles of all streets, plotted on a topographic map complying with the technical requirements set forth in Section 1135.04 and the design standards established in Chapter 1137 , shall be submitted to the Building Official for each proposed subdivision. The purposes of the preliminary plan are to explore the best design for the subdivision and the best relationship to adjoining subdivisions or undeveloped land, to outline a program of improvements, to ensure that an adequate water supply and an adequate septic system could potentially be available to each lot and that extensive and environmentally harmful grading operations will not be required, and to obtain the advice, suggestions and requirements of the Commission before the plan becomes rigid as in a detailed drawing. The submittal of alternative plans is recommended.

(b) Referral to Village Engineer.

(1) The Building Official shall forward one print of the preliminary plan and profiles to the Village Engineer who will check the same against all requirements provided for in these Regulations and all other ordinances of the Village. The Village Engineer shall, within six weeks, except as provided in paragraph (b)(2) hereof, return the print to the Building Official together with his or her comments and recommendations.

(2) For all subdivisions which are of such scope or at such locations as, in the opinion of the Village Engineer, may involve topographic problems, unstable soil conditions, unique ecological and environmental concerns, or other unusual conditions, the Village Engineer shall so advise the Commission which thereupon may request that Council authorize obtaining an analysis and recommendation from a professional land planner, civil engineer or landscape architect who is experienced in planning the type of subdivision under consideration, who is recommended by the Village Engineer and who has no interest in the proposed subdivision. If Council approves the request, the Village Engineer shall, within two weeks of the receipt of such analysis and recommendations from such professional, return the print to the Building Official together with his or her comments and recommendations and the analysis and recommendations from such professional.

(1) After the Building Official receives the report of the Village Engineer on the preliminary plan, and any comments and recommendations concerning the plan which the Village Engineer or any professional may make, the Building Official shall set a date for a hearing on such plan and shall mail a copy of the notice of such hearing to the developer by first class mail, and to the list of property owners provided by the developer under Section 1135.04 at least two weeks before the hearing date, and shall also give public notice by posting a copy of such notice in the places identified in Section 1135.04 of these Codified Ordinances not less than two weeks nor more than four weeks before the meeting of that hearing date so that all interested parties may attend the meeting.

(2) If the Commission finds the proposal meets the requirements hereunder under the circumstances and acts favorably, the Secretary of the Commission shall affix his or her signature to two copies of the preliminary plan and profiles with a notation that the same has received approval, along with any special conditions. The Secretary shall then deliver one of the copies to the Clerk of Council and retain the other copy.

(d) Council Action.

(1) If the vote of the Commission is to approve the preliminary plan and profiles, the Secretary shall deliver the plan and profiles to Council with a written report of the Commission's action. If the vote of the Commission is to disapprove the preliminary plan and profiles, its action is final unless within thirty days thereof the developer elects to appeal such action to Council.

(2) If the vote of the Commission is to approve the preliminary plan and profiles, the Council shall by record vote approve or disapprove the preliminary plan and profiles by a majority vote of all members of Council. If the vote of the Commission is to disapprove the preliminary plan and profiles, the Council can approve the preliminary plan and profiles only by the affirmative vote of five members of Council. All actions by both the Commission and Council shall be made a matter of their minutes of that meeting.

(e) Effect of Approval. The approval of the preliminary plan by Council shall assure the developer, for a one-year period from the date of approval by Council, that:

(1) The general layout of streets, lots, building sites and other features is approved and has been established as the basis for the preparation of the final plat.

(2) The general terms and any special conditions under which the approval of the plan was granted will not be changed unless additional information or data are received in the meantime that would indicate that changes should be effected.

(3) The developer may submit drawings and specifications for improvements and a final plat for the subdivision.

(Ord. 2362. Passed 10-9-89; Ord. 2014-03. Passed 4-8-14.)

1135.04 MAPS, DATA AND PLANS TO ACCOMPANY PRELIMINARY PLAN; PLAN DETAILS.

The developer shall furnish, with the application for approval of the preliminary plan of a subdivision, as described in Section 1135.03, the following maps, data and plans:

(a) Maps and Data. Maps and data, either separate or combined, shall be provided as follows:

(1) Vicinity map. A print, such as a section of the 800-foot to one-inch scale Village map, showing thereon the location of the proposed subdivision and its relationship to adjacent developments, streets and all community facilities which serve or influence it.

(2) Property line map. A drawing, showing bearings and distances of the parcel to be subdivided, the location, width and purpose of easements, the name, width and location of abutting streets, including the location of pavements and sidewalks, and structures on the parcel and within 100 feet on adjoining property.

(3) Utility map. A drawing, showing utilities on and adjacent to the parcel, including the location and size of gas mains and water mains, if any, and the location of fire hydrants and electric power and telephone poles.

(4) Topographic map. A drawing, showing contours at two-foot intervals based on the County datum plane. It shall show the approximate direction and gradient of ground slope on immediately adjacent land; indicate the subsurface condition of the tract; and show watercourses, marshes, wooded areas, isolated preservable trees and other significant features. The topography may be compiled by photogrammetric methods and shall be at the same scale as the preliminary plan.

(5) Titles and certifications. Titles and certifications indicating present parcel designations according to official records, the name of the developer, the name and address of owners, certification of a registered surveyor and the scale and date of the survey. An abstract, certificate of title, title guaranty, or title insurance policy in the amount of at least one thousand dollars ($1,000), meeting the approval of the Law Director, covering the entire property to be subdivided and including appurtenant access easements, if any, shall also be filed.

(6) Lot suitability. Evidence necessary and sufficient to meet the criteria and concerns set forth in Section 1137.04.

(7) Drainage report. A drainage report identifying existing storm sewers, existing watercourses, drainage areas and a stormwater runoff computation indicating the effect of the proposed subdivision on such runoff.

(b) Plan Details. The plan shall be prepared in accordance with the design standards set forth in Chapter 1137 and designed by a registered civil engineer. The plan shall be accurately and clearly drawn at a scale of not less than 200 feet to one inch. 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. It may be drawn in pencil on transparent tracing paper. The drawing shall include the aforesaid topographic and property line data, the surrounding streets and lots, and the proposed plan, or alternative plans, of the subdivision, and show the following:

(1) Streets: the layout, right of way and pavement widths, approximate grades, names.

(2) Other rights of way: location, width and purpose.

(3) Lot lines: approximate dimensions and number.

(4) Sites: to be reserved or dedicated for parks, wildlife refuges or other public uses.

(5) Building lines: show if planned different than established by zoning or as established under Section 1137.04.

(6) Title: graphic scale, north arrow, date and name of allotment.

(d) Other Preliminary Plans. The Planning and Zoning Commission may also require additional preliminary drawings showing street profiles and grades, a typical cross- section of proposed roadways, proposed storm sewers, septic systems and water supply, as well as all existing watercourses, culverts, storm sewers, septic systems, water supply facilities and existing features pertinent to the plotting of an allotment.

(e) Ownership. The Commission may require a certificate as to ownership indicating the names of all parties of record owning the land, the names of all parties with any beneficial interest represented by those owning the land and, if owned by a corporation or partnership, the names of the directors, stockholders or principals thereof.

(f) Adjoining Owners. The developer shall provide a list of the names and mailing addresses of all property owners whose property is located within 1,000 feet of the boundary lines of the proposed subdivision.

(Ord. 2362. Passed 10-9-89.)

1135.05 FINAL PLAT.

(a) Application for Approval. An application for approval of a final plat shall be submitted in writing to the Building Official. The application shall include the original tracing of the final plat, the original tracing of the drawings for the required improvements, three black-on-white prints of each tracing, three sets of specifications and profiles and other maps, data and certificates as set forth in Section 1135.06.

The developer may obtain conditional approval of the plat and install the required improvements before applying for approval of the final plat so long as he or she provides to the Village suitable rights of entry and suitable performance guarantees to the effect that such improvements once commenced would be completed, or, alternatively, he or she may apply for approval of the final plat and of drawings and specifications of required improvements concurrently and furnish performance guarantees that he or she will install the improvements thereafter.

(b) Referral to Village Engineer. The Building Official shall transmit three prints of each drawing and the specifications to the Village Engineer for determination that:

(1) The final plat conforms to the approved preliminary plans and any special conditions or modifications stipulated, and that any mathematical data and computations are correct.

(2) The designs and details of the required improvements, as shown on the drawings, profiles and specifications, are in conformity with the construction standards in effect in the Village.

One copy of each set of prints and specifications shall be returned to the Commission no later than its next regular meeting falling at least sixty days after the date of transmittal of the aforesaid items to the Village Engineer. The Village Engineer's determinations shall be indicated thereon.

(c) Commission Action. If the Village Engineer finds that the final plat, drawings, profiles and specifications are satisfactory in regard to the aforesaid provisions, and if the subdivision complies with all other applicable provisions of these Regulations, the Commission shall approve the same and the Secretary of the Commission shall deliver a copy of each set of prints and specifications to Council no later than Council's next regular meeting following the date of such approval, with a notation that the same has received approval, together with any written reports of the Village Engineer and the Commission. Action shall be taken within thirty-five days after the meeting at which the application for approval and all required plats, maps, and data were submitted to the Commission or within a mutually agreed upon extension.

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

(d) Council Action. If the Commission finds that the final plat, drawings, profiles and specifications are satisfactory in regard to the aforesaid provisions, and if the subdivision complies with all other applicable provisions of these Regulations, Council shall approve the same. Action shall be taken within thirty-five days after the meeting at which the application for approval and all required plats, maps and data were submitted to Council or within a mutually agreed upon extension.

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

(e) Form of Approval. The approval of the final plat shall be indicated by a certification to that effect on the original tracing of the plat with the signature of the Clerk of Council, the Secretary of the Commission and the Village Engineer. Such approval endorsed thereon by the Secretary shall indicate the date of approval by the Commission. Such approval endorsed thereon by the Clerk shall indicate the number of the resolution approving the final plat and the date of passage before approval by the Village shall be effective. The Clerk shall obtain one duplicate tracing thereof at the developer's expense before returning the tracing to him or her. The approval of the drawing, profiles and specifications for the required improvements shall be indicated by a certificate to that effect on the original drawings and specifications with the signature of the Village Engineer. Approval of the improvements as constructed shall likewise be certified by the Village Engineer.

(f) Recording. The Village Engineer shall promptly file the approved final plat in the office of the County Recorder with the costs of such recording to be paid by the developer. If the final plat is revised in any manner after approval, the approval shall be null and void.

(g) Effect of Approval and Recording. If drawings, profiles and specifications for improvements are approved by the Village Engineer and rights of access provided and construction guaranteed, the construction of the same may be started. After satisfactory construction the final plat may be approved and recorded, building permits may be issued for lots for which suitable access has been provided, and lots may be sold, leased or transferred. If drawings, profiles and specifications for improvements are approved by the Village Engineer and construction guaranteed, the final plat may be approved for record purposes only and recorded, construction of improvements started, building permits issued, and lots sold, leased or transferred.

(Ord. 2362. Passed 10-9-89; Ord. 2014-03. Passed 4-8-14.)

1135.06 MAPS, DATA AND PLATS TO ACCOMPANY FINAL PLAT.

The developer shall furnish, with the application for approval of the final plat of a subdivision, according to Section 1135.05, the following plans, data and plats as follows:

(a) Maps and Data. The plat shall be drawn, and signed, in India ink or other dense black permanent ink on good quality tracing cloth or mylar at a scale of not less than fifty feet to one inch. Sheets shall be not less than eighteen by twenty-four inches and not larger than thirty-six by forty-eight inches in size. If necessary the plat shall consist of several sheets including an index and references to adjoining sheets. The plat shall include the portion of the subdivision proposed for immediate recording and development and show the following:

(1) Control points to which all dimensions, angles and bearings are to be referred and the nearest established street line, section line or other established point.

(2) Lines and boundaries consisting of centerlines and right-of-way lines of streets, easements and other rights of way; natural and artificial watercourses, streams and shore lines; corporation lines and property lines of all lots and parcels with distances, radii, arcs, chords and tangents of all curves shown to the nearest one hundredth of a foot; bearings or deflections and angles to the nearest second.

(3) The name and width of each street within the proposed subdivision and those adjoining, together with setback lines, which shall be as required by the Zoning Code. If a private street is approved, it shall be noted on the plat that the street is not dedicated and that maintenance by the Village is not required.

(4) Lot identification, by number or letter, in progressive order, for each lot conforming to the County Recorder's procedures.

(5) Dedication and acceptance, including identification of boundaries and, by graphic symbols, all parcels which are to be dedicated or reserved for public use or easements.

(6) The location and description of all monuments found, set or to be set.

(7) The names of recorded owners of adjoining unplatted land.

(8) Reference to subdivision plats of adjoining platted land by name, volume and page of the Recorder's Maps.

(9) Certification by the developer of acceptance of the plat and a 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.

(10) Certification and seal by a registered surveyor as to preparation and details of the survey and plat, the correctness of the survey and calculations and that permanent monuments will be set at points indicated.

(11) Protective covenants, referred to or included on the plat.

(12) The title of the subdivision and identification of the Village, County and State and of the original township section, tract or lot; the scale, shown graphically, a north arrow and the date.

(13) Approval statements for the Council, the Planning Commission, the Village Engineer and other officials as may be required.

An abstract, certificate of title, title guaranty or title insurance policy in the amount of at least one thousand dollars ($1,000), meeting the approval of the Law Director, covering the entire property to be subdivided and including appurtenant access easements, if any, shall also be filed.

The titles, certificates, statements, etc., set forth above shall be substantially in accordance with the forms set forth in Appendix I following the text of these Regulations.

(b) Drawings and Specifications. Drawings showing cross-sections, profiles elevations, construction details and specifications for all required land improvements shall be included. They shall be prepared in accordance with the requirements of Chapter 1139 .

(1) Designed and installed improvements in accordance with the provisions of these Regulations and any conditions set forth by Council or the Commission in their approval of the preliminary plan.

(2) Posted financial guarantees in sufficient amount to assure completion of all required improvements.

(3) Provided protective covenants, if any, in final form, to be recorded separately.

(4) Included a statement that there are no unpaid taxes or special assessments against the tract.

(5) Provided other data, certificates or affidavits, as may be required by the Commission in the enforcement of these Regulations.

(Ord. 2362. Passed 10-9-89.)

1135.07 LANDS FOR PUBLIC USE; OTHER DEVELOPMENTS; TITLE INSURANCE.

(a) Dedication for Public Use. If the final plat indicates that land is provided for public use, Council shall also act upon the acceptance of dedication of any public land and acceptance of any easement before it is recorded. The acceptance of any street for public use and maintenance shall be by separate action of Council and shall not be taken until all improvements required under Chapter 1139 have been constructed to the full satisfaction of Council and the Village Engineer.

As soon as all improvements have been so constructed, the owner shall file with the Director of Law a certificate of title insurance in an amount equal to the value of such improvements as estimated by the Village Engineer, meeting with the approval of the Director of Law, showing title to the street, streets or other public land in the subdivision good in the Village for the appropriate purposes and uses, which title is to be free and clear of all encumbrances whatsoever. Council then may, but shall not be required to, approve the plat for dedicating the street areas and accept the streets as public highways, and its acceptance shall be endorsed on the record plat with such endorsement substantially in the form of Form 8 in Appendix I of these Regulations, and such plat shall then be recorded or rerecorded by the Village Engineer in the office of the County Recorder. If Council does not accept the dedication, it shall be noted on the record plat that the street or streets within that subdivision have not been accepted for public use and that maintenance thereof by the Village is not required, with such notation substantially in the form of Form 9 of Appendix I of these Regulations, and such plat shall then be recorded or rerecorded by the Village Engineer in the office of the County Recorder. In addition thereto, the developer shall, in any deed or purchase agreement relating to the subdivision as a whole or to individual lots therein, include the following provision:

"The undersigned grantees of a building lot or parcel of land described as follows: (insert legal description), which is subject to the terms and provisions of the Declaration of Restrictions and Easements of Subdivision duly executed and filed for record by the (name of developer) on the day of , 19 , and recorded in Volume , Page , of Cuyahoga County Records, do hereby acknowledge that (name of street(s)) within the Subdivision is (are) (a) private roads and not (a) dedicated public thoroughfare(s); that the Subdivision Home Owners Association and/or the owners of the sublots on (name of street(s)) shall pay all costs of maintaining, repairing and replacing the roadway(s), utility lines and facilities (including snow removal), as provided in the Declaration of Restrictions; and that the Village of Gates Mills cannot and will not provide public maintenance or services to (name of streets(s) as (a) private road(s)."

and the developer shall also taken such steps as necessary to ensure that each of its successors in interest also includes such provision in any deed or purchase agreement.

(b) Land Reserved for Public Use. The Commission, with the concurrence of Council, may request, by resolution, a developer to set aside, reserve or offer for sale, land for streets, parks, wildlife refuges or other public uses for a period of ninety days after the application for approval of a preliminary plan, or for a longer period as may be mutually agreed, to allow the Village time to acquire such land. During such period, no structure shall be erected, no trees or topsoil shall be removed or destroyed and no grading shall be done on such land, and no land so reserved shall be put to any use whatsoever, except with the written approval of the Commission.

(c) Other Developments. An application and preliminary plan shall be submitted by the developer to the Commission for all proposals for other developments or subdivisions involving open spaces for common use. All procedures, maps, plans, profiles and other data required by Section 1135.06 shall be complied with and furnished if determined applicable by the Commission. Where streets or other areas are to be used by the public, all procedures, maps and other data required by Section 1135.06 shall be complied with and furnished if determined applicable by the Commission.

(Ord. 2362. Passed 10-9-89.)

1135.08 VILLAGE ENGINEER TO HAVE CUSTODY OF FINAL PLATS; FILING, INDEXING AND INSPECTION.

The Village Engineer shall be the custodian of all final plats for all the plotted lands in the Village, subject to the rules and regulations promulgated by Council. Such plats shall be maintained on file and be properly indexed and available for inspection by the public. (Ord. 2362. Passed 10-9-89.)

1135.09 RESUBDIVIDING, REPLATTING OR VACATION.

An application for resubdividing, replatting or vacation of a subdivision shall be made by the owner or owners thereof to the Commission in the same form as for an original subdivision along with all required maps and other information. The original lots shall be shown by dotted lines, lot numbers and other references to the previously recorded subdivision.

(Ord. 2362. Passed 10-9-89.)

1135.10 LOT SPLITS; MISCELLANEOUS PLAT APPROVAL; NO PLAT REQUIRED.

(a) Notwithstanding the provisions set forth above, a proposed division of a parcel of land, which does not constitute a subdivision as defined in Section 1131.07 (also known as a lot split), may be submitted to the Commission without a plat to be recorded.

(b) The owner shall submit a plat map showing the division of such land in graphic dimensional form. This map shall be certified by a registered surveyor as to its correctness and shall contain information as is pertinent to its determination hereunder. In addition, the owner at the time of such submission shall also furnish evidence that such proposed division has been approved by any County, State or Federal agencies which are required by law to approve such proposed division and shall also furnish evidence of suitability for development of each lot pursuant to the provisions of Section 1137.04, which provisions are hereby made specifically applicable to a lot split.

(c) The Commission may recommend that Council approve the proposed conveyance if it is satisfied that such division is not contrary to these Regulations or the Zoning Code, or any rule or regulation which the Commission has adopted for the processing of such divisions or the conduct of its business.

(d) When the Council is satisfied that the information submitted is sufficient for its determination, it shall decide upon such plat. Evidence of approval by the Council will be indicated by a stamp or statement reading: "Approved by the Council, Village of Gates Mills, Ohio - No Plat Required". The plat map of the division which has been thus stamped, dated and signed by both the Clerk of Council and the Village Engineer shall constitute approval under this section.

(e) The owner shall produce written proof that such conveyance has been submitted for recording in the office of the County Recorder within sixty days of such approval; otherwise, the approval provided for herein shall be null and void.

(Ord. 2362. Passed 10-9-89.)

1135.11 ADJUSTMENTS TO LOT BOUNDARY LINE.

No property owner shall record or cause to be recorded any instrument effectuating an adjustment to a lot boundary within the Village with the Cuyahoga County Recorder without first applying for and receiving approval for the lot boundary adjustment as set forth in this section. Whenever the Building Official receives a request by a property owner for an adjustment to a lot boundary, which adjustment is not of the type which would require review and approval by the Commission and Council as a subdivision or lot split as set forth in these Regulations, the Building Official shall immediately notify the Commission and the Village Engineer of the proposed boundary line adjustment. The Village Engineer shall review the proposed boundary line adjustment for compliance with this Zoning Code and shall report his findings to the Planning Commission. The Commission shall examine the proposed boundary line adjustment application and, prior to approval, may request the applicant to furnish evidence of suitability for development of each resulting lot pursuant to the provisions of Section 1137.04, which provisions are hereby made specifically applicable to boundary line adjustments. If the Commission is satisfied that the proposed boundary line adjustment has been appropriately reviewed by the Village Engineer and meets the other requirements of its review, it shall approve the boundary line adjustment and authorize the Village Engineer to approve the application for recording with the Cuyahoga County Recorder."

(Ord. 2491. Passed 4-14-92; Ord. 2014-03. Passed 4-8-14.)

1137.01 TOPOGRAPHY.

Subdivisions shall be planned to take advantage of the topography of the land in order to utilize the natural contours and economize in the construction of drainage facilities, reduce the amount of grading and minimize destruction of trees and topsoil. Topographic maps shall be utilized in this land planning.

(a) Streets and Topography. Land which is relatively flat or of very gentle slopes should be planned so that the streets follow the natural drainage courses and as many lots as possible shall be above the street grade. On more irregular topography, streets should be designed to avoid extensive cuts and fills.

(b) Natural Drainage. Subdivisions should be designed, particularly on land of very gentle slopes, to take every advantage of natural grades so that all the land can be drained without excessive grading. Unless watercourses or drainage ways are enclosed, the plan shall be adjusted so that rear lot lines are approximately parallel to the natural or straightened course, and only where such a plan is not possible may side lot lines be arranged parallel to an open drainage course.

(c) Natural Features. Natural features, irregularities, changes in level, brooks, lakes, hilltops and other focal points within the site, and distant views outside the subdivision, shall be integrated in the design to obtain natural variations and interest and more attractive building sites. Trees, topsoil and other natural resources shall be preserved and utilized in the planning and development of the subdivision.

(Ord. 2362. Passed 10-9-89.)

1137.02 STREET PLANNING.

In addition to relating streets to topography as recommended in Section 1137.01, streets should be designed according to the function served, the use of abutting land and standards of width, intersections, maximum grades and curvatures, as set forth in the following subsections.

(a) Major streets function primarily for the movement of fast traffic between points of heavy traffic generation. Where a subdivision adjoins a major street, the Commission shall require a plan wherein access drives do not cut onto a major street in order to protect the residential property from the movement of heavy traffic, to avoid traffic congestion and to minimize hazards to traffic. Such a plan shall provide for access drives to cut only onto a local street or streets.

(b) Local streets shall allow for access to each lot. The layout shall be related to the topography and natural features. The street pattern should be indirect and yet continuous and formed of straight, moderately curved, loop, angular or ell streets. There shall be an underlying systematic pattern, but gridiron and other rigid geometrical patterns shall be avoided. The street pattern shall limit the number of local streets intersecting with a major street in order to protect the residential property from the movement of heavy traffic and to minimize hazards to the traffic on the major street.

(c) All streets shall be designed to allow for safe and convenient access and circulation of police, fire and medical vehicles.

(d) Right-of-way widths for all streets shall not be less than sixty feet.

(e) Intersecting streets shall be provided so that no block shall be longer than 2400 feet. "Dead-end" streets shall terminate at a turning circle having an outside diameter of not less than 150 feet. All intersections at side lines of streets shall be provided with a turnout which has a radius of not less than thirty feet.

(f) Grades of streets in vertical alignment shall not exceed ten percent. Grades of streets which are curved or provide access in only one direction shall not exceed eight percent. Street grades shall be not less than one percent in order to provide adequate surface drainage. The rate of change of grade shall not exceed four percent per 100 feet of length.

(g) Street names shall be selected which will not duplicate or be confused with the names of existing streets within the zip code area of the Village irrespective of modifying terms such as street, avenue, boulevard, etc. Streets that are or will eventually be continuations of existing or platted streets shall be named the same as such streets. Street names shall be subject to the approval of the Commission.

(Ord. 2362. Passed 10-9-89.)

1137.03 LOT DESIGN.

Each lot should form a good site for the type of building to be developed and the lot lines should not be considered as merely forming a geometric shape which encloses the area permitted. The layout of the lots should be related to the topography and natural features and in an irregular form as long as such layout and form allow for a building site in conformity with the setback requirements of the Zoning Code. Triangular lots or those with acute angles, broken boundaries or other shapes that restrict the use of the lot as a building site should be avoided.

(Ord. 2362. Passed 10-9-89.)

1137.04 EVIDENCE OF SUITABILITY FOR DEVELOPMENT OF A LOT.

At the time of submitting an application for approval of a preliminary plan under Section 1135.03, the developer shall furnish satisfactory evidence that each lot to be created pursuant to such plan, as of the date of the submission of such application:

(a) Has a supply of water available from:

(1) A public water line which borders one of the boundaries of the proposed subdivision;

(2) An individual water well which will produce safe potable drinking water at a rate conforming to the requirements of the Cuyahoga County Board of Health; or

(3) Any other alternative system, including, but not limited to a community water supply system, conforming to the requirements of the Cuyahoga County Board of Health and the Ohio Environmental Protection Agency.

Copies of well logs which are obtained shall include the name and address of the well driller and shall be submitted to the Commission.

(b) Has available, based on the criteria of suitability of the soil characteristics, surface drainage, topography and character of development, an area for the installation of an individual septic tank disposal system, which is feasible, conforms to the requirements of the Village, the Cuyahoga County Board of Health and the Ohio Environmental Protection Agency, does not empty in any manner into open ditches, roadside ditches, lakes, streams or any other body of water, and does not permit effluent to seep to the surface of the ground. It shall be the responsibility of the developer to obtain or perform all tests in accordance with the requirements of the aforesaid public bodies. A copy of the results of such tests shall be submitted to the Commission.

(c) Has at least one suitable building site for a main building and at least one accessory building, such as a garage, which building site meets the setback requirements of the Zoning Code and which building site may be cleared and prepared for building with a minimal amount of disturbance to the natural grade, trees and vegetation. Such building site shall be indicated on the map of each lot.

(d) Has a suitable site for an access drive to serve the lot site, which will be situated in such a way that it shall be of no more than a ten percent grade, shall follow the natural contours of the land as closely as possible and shall minimize the amount of disturbance to the natural grade, trees and vegetation.

(e) Has an adequate system of drainage so that significant erosion does not occur and so that the stormwater runoff is channeled in such a way as to minimize the erosion of other property and to prevent the accumulation of standing water on the lot or on any other property in the Village.

(f) Has a significant amount of property which will be left in its natural state and also a map indicating:

(1) Generally the location of groves of trees on the lot, and

(2) Individual trees on the proposed building site under subsection (c) hereof which are over nine inches in diameter, which of such trees or groves of trees or portions thereof will be removed in order to allow for the improvements set forth in subsections (a) through (e) hereof, and any plan for replanting of trees removed and the reseeding of any grounds disturbed.

(Ord. 2362. Passed 10-9-89.)

1139.01 COMPLIANCE; INSTALLATION OR AGREEMENTS; ISSUANCE OF BUILDING PERMITS; RESPONSIBILITIES OF DEVELOPERS.

(a) The land improvements which are hereby required shall be designed, furnished and installed by the developer in accordance with the provisions of this chapter and other codes of the Village. They shall be installed before the final plat is approved, or, in lieu thereof, agreements to install shall be approved concurrent with the approval of the final plat. No permit to construct a building upon a lot shall be issued until after such final plat has been approved.

(b) The developer shall dedicate all land required for rights of way within the subdivision, furnish and install all improvements and provide a complete and coordinated system of streets for the subdivision.

(Ord. 2362. Passed 10-9-89.)

1139.02 IMPROVEMENTS REQUIRED.

(a) Land for the right of way for the opening or extension of any street within or on the boundary of the subdivision shall be dedicated by the developer, and all easements for the extension of electric, gas and telephone utilities, and for waterlines or community water supply systems, if required hereunder, shall be provided.

(b) Improvements, such as electric, gas and telephone utilities, pavements and other land improvements as required by this section, shall be designed, furnished and installed as hereinafter set forth or required by other codes of the Village. The improvements shall be of such sizes and capacities as are required for the development of the proposed subdivision and lots therein.

(c) Improvements for the proposed subdivision and each lot therein shall be provided and installed by the developer as follows:

(1) Grading of streets.

(2) Drainage facilities.

(3) Electric, gas and telephone utilities. If the developer has, under Section 1137.04(a), indicated that water is to be supplied by a public water line or a community water supply system, then the developer shall also provide and install such water line or community water supply system.

(4) Pavement of streets.

(5) Monuments.

(6) Street name signs. (Ord. 2362. Passed 10-9-89.)

1139.03 GRADING.

The grading of the street shall extend the full width of the right of way, including any utility easements adjacent thereto, and grading of lots for building sites and access drives shall also be undertaken so as to provide a readily accessible site.

(Ord. 2362. Passed 10-9-89.)

1139.04 DRAINAGE FACILITIES.

A drainage system shall be designed and constructed by the developer for the proper drainage of the surface water of the subdivision and each lot as follows:

(a) An enclosed storm sewer system shall be provided where it is determined by the Commission, based on the advice of the Village Engineer, that storm sewers should be provided and connected to a drainage ditch or other water way in order to prevent erosion of soils and flooding. The system shall have a capacity to serve the subdivision and drainage area of which it is a part. The system shall include pipes, culverts, manholes, catch basins, drain inlets and a connection for each lot.

(b) The developer may be required to deed in fee, dedicate or grant an easement to the Village for a drainage channel not less in width than that which is required by a plan or standards adopted by the Village, or by the existing topography along the watercourse. The developer may rechannel any watercourse through his or her property in order to contain the storm drain flow within a lesser width. The developer shall be responsible for clearing the drainage way of all debris as a condition of acceptance.

(c) The drainage system shall be designed in accordance with standards of the Village. The developer shall construct and pay for all storm sewers.

(Ord. 2362. Passed 10-9-89.)

1139.05 ELECTRIC, GAS, TELEPHONE AND WATER UTILITIES.

The developer shall make arrangements to have electric, gas and telephone utilities, and, if required under Section 1139.02(c)(3), water lines or a community water supply system, installed and submit drawings to the Village Engineer for approval.

(Ord. 2362. Passed 10-9-89.)

1139.06 UNDERGROUND WIRING.

(a) Submission of Preliminary Plan to Utility Companies. The preliminary plan with respect to any new subdivision shall be submitted to all utility companies serving the subdivision for their recommendations.

(b) Utility Easements. Utility easements ten feet in width for communication, electric power and street lighting distribution lines and facilities shall be provided on all front lot lines and along certain side or rear lot lines where necessary.

(c) Installation Upon Easements Required; Exception; Cost Increases. Hereafter, in every subdivision within the Village, all communication, electric power and street lighting wires, conduits or cables to serve the lots within such subdivision shall be constructed underground and upon easements provided for such utilities pursuant to Section 1139.02 . Wires, conduits or cables owned by or serving individual owners and located wholly on such an owner's property need not be located upon easements. The developer or lot owners within the subdivision shall bear any increase in cost over the normal mode of construction of communication or electric lines and facilities, in accordance with the rules and regulations of the telephone or electric company involved.

(d) Installation or Bond Required. Prior to the granting of final approval, the subdivider shall have installed, or shall have furnished adequate bond for the ultimate installation of, in accordance with the standards of the Public Utilities Commission of Ohio, the following:

(1) Underground communication cables.

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

(3) Adequate provision for street light lamps and standards in accordance with a design approved by the Commission.

(e) Rebuilding Systems; Permit Required. No person shall rebuild or reconstruct, or cause to be rebuilt or reconstructed, any existing communication, electric power or street lighting system, or major parts thereof, in and through the Village, without first obtaining a permit therefor from Council. The applicant for such permit shall first file with Council detailed plans and specifications in support of the request for such permit.

(f) Construction Standards. All extensions of electric power and street lighting wires, conduits or cables, including equipment, housings and transformers necessary in the operation of distribution or service systems, shall be constructed underground in accordance with the standards and regulations of the Public Utilities Commission of Ohio, with provision for street lighting lamps. Bases must be provided for the ultimate installation of street lights, spaced no farther apart than every fourth lot. Until used, the wiring in such bases shall be safely insulated and de- energized.

(g) Variances. The Commission may authorize a variance from the provisions of this section when undue hardship may result from strict compliance. In granting any variance, the Commission shall prescribe only conditions that it deems necessary or desirable to protect the public interest. The Commission shall grant such a variance only when it finds that there are special circumstances or conditions affecting the property such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of his or her land.

(Ord. 2362. Passed 10-9-89.)

1139.07 STREET IMPROVEMENTS.

(a) Pavements. The developer shall design and construct on each local street a pavement with a width of eighteen feet comprised of asphalt and in accordance with general plans and profiles for Standard Curbless Pavement With Roadside Ditches utilized by the Village Engineer and presently on file with the Building Official. The Commission may require higher standards and/or greater widths than those set forth above, because of extraordinary traffic loads or unusual soil conditions in specific locations.

(b) Access Drives. An access drive shall be not more than sixteen feet wide. The flare for driveways shall be at least three feet wider than the pavement on each side, the grade of the apron shall not exceed five percent for a distance of twenty feet from the edge of the street pavement, and the maximum grade of the access drive shall not exceed ten percent.

(Ord. 2362. Passed 10-9- 89; Ord. 2014-03. Passed 4-8-14.)

1139.08 MONUMENTS.

A monument shall be accurately placed at each corner and at changes in direction of the boundary, at each street intersection, at points of curves of streets and at intermediate points as may be required by the Village Engineer. The monuments shall be concrete six by six by thirty inches long, with an iron pin in the center, or metal monuments as approved by the Engineer. The top of the monument or monument box shall be set at the finished grade upon the completion of the grading or paving of the streets and the lots. (Ord. 2362. Passed 10-9-89.)

1139.09 STREET NAME SIGNS.

Street name signs shall be furnished and installed by the owner of the subdivision if a new street is planned. The design of such signs and the installation thereof shall be in conformity with existing street name signs in the Village, provided, however, that if the dedication of such street is not accepted by Council pursuant to Section 1135.07(a), such sign shall also include the words "Private Drive" underneath the name of the street. (Ord. 2362. Passed 10-9-89.)

1139.10 EXTENSION OF IMPROVEMENTS.

If streets or electric, gas or telephone utilities are not available at the boundary of a proposed subdivision, the Village may require, as a condition precedent to approval of a preliminary plan and final plat, assurances that such improvement extensions shall be provided. If the Commission finds that the extension of streets across undeveloped areas would not be warranted as a special assessment to the intervening properties, the developer may be required, if he or she wishes to proceed with the development, to obtain necessary easements or rights of way and construct and pay for extensions. (Ord. 2362. Passed 10-9-89.)

1139.11 DESIGN AND CONSTRUCTION OF DRAINAGE SYSTEMS AND ROADWAYS; INSPECTIONS; RECORD TRACINGS OF UNDERGROUND UTILITIES.

The design of the drainage systems and roadways shall be in accordance with the various standards and requirements described in Sections 1139.04 and 1139.07. Drawings and specifications for the improvements shall be reviewed and approved by the Village Engineer, and the installation shall be subject to his or her continuous inspection. At the completion of the construction and before acceptance, the developer shall furnish the Village a set of record tracings showing the locations, sizes and elevations of all underground utilities. (Ord. 2362. Passed 10-9- 89.)

1139.12 PERFORMANCE GUARANTEE IN LIEU OF INSTALLATION.

(a) Types of Guarantees. If the developer undertakes improvements before applying for approval of the final plat he or she shall provide suitable rights of access to the Village and financial guarantees as set forth herein. In lieu of actual installation or completion, the developer may execute and file with the Village financial guarantees of the required improvements concurrently with the application for approval of the final plat. All such guarantees may be in the form of a performance or surety bond, a certified check, or any other type of surety approved as to form by the Director of Law and accepted by the Village.

(b) Terms of Guarantees. The terms of all such guarantees shall be determined by the Commission, provided, however, they shall not be for a longer period than eighteen months unless Council, by resolution, extends the time. Bonds shall be executed by the applicant as principal with a surety company authorized to do business in the State and shall be in a form satisfactory to the Director of Law.

(c) Amounts of Guarantees. The financial guarantees shall be in an amount equal to the estimated total cost of materials, labor and engineering required to install or construct the improvements, plus ten percent for contingencies. Such costs shall be determined by the Village Engineer. When any portion of an improvement has, upon inspection, been found satisfactorily completed, a reduction in the bonds or partial withdrawal of funds equal to the estimated costs of such completed improvements may be authorized. (Ord. 2362. Passed 10-9-89.)

1139.13 STREET MAINTENANCE; GUARANTEE.

The developer shall guarantee the construction and material of the street improvements, shall maintain the street improvements for a period of two years from their date of completion and shall post a maintenance bond running in favor of the Village, if the Village accepts the dedication of such street improvements, or to the appropriate homeowner's association if the Village does not accept the dedication of such street improvements, in a form approved by the Director of Law. In any event, the maintenance bond shall be in the amount of twenty percent of the financial guarantees required by Section 1139.12 for the improvements.

(Ord. 2362. Passed 10-9-89.)

1139.14 INSURANCE.

The developer shall agree to indemnify and save harmless the Village 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, any person, caused by, growing out of, or in any way whatsoever attributable to, the construction of the improvements and the use of the street delineated on the subdivision plat during the construction. The developer shall further agree, but without limiting his or her liability, to indemnify the Village by carrying comprehensive general liability insurance contracts with a reliable insurance company, covering the period of construction, in the sum of three million dollars ($3,000,000) all-occurrence coverage, which insurance contracts shall include the Village as a named insured. The developer shall agree to maintain on file with the Village during the period of construction, certificates or memoranda of insurance evidencing that such insurance contracts are in force.

(Ord. 2362. Passed 10-9-89.)

1139.15 FAILURE TO COMPLETE IMPROVEMENTS; REMEDY BY VILLAGE.

If the developer fails to complete the installation of all land improvements according to the terms and conditions of the agreement, the Village, upon proper notice, may complete the same and appropriate a portion of money or bonds posted for the faithful performance of such work, such that the Village is completely reimbursed for all expenses incurred by it in connection with such work.