Highland Heights City Zoning Code
TITLE NINE
Subdivision Regulations
1161.01 DEFINITIONS GENERALLY.
For the purpose of these Subdivision Regulations, the following terms, phrases, words and their derivations shall have the meanings given herein, if not inconsistent with the context. Words used in the present tense include the future, words in the plural number include the singular, words in the singular number include the plural, and the word "shall" is always mandatory and not merely directory. (Ord. 21-1965. Passed 7-13-65.)
1161.02 CITY.
"City" means the City of Highland Heights, Ohio. (Ord. 21-1965. Passed 7-13-65.)
1161.03 COUNCIL.
"Council" means the legislative authority of the City. (Ord. 21-1965. Passed 7-13-65.)
1161.04 COMMISSION.
"Commission" or "Planning Commission" means the Planning and Zoning Commission of the City. (Ord. 21-1965. Passed 7-13-65.)
1161.05 PLAT.
"Plat" means a map and layout of a tract or parcel of land.
(Ord. 21-1965. Passed 7-13-65.)
1161.06 SUBDIVISION; TO SUBDIVIDE.
"Subdivision" and "to subdivide" means:
(a) The division of any parcel of land shown as a unit or as contiguous units on the last preceding tax roll, into two or more parcels, sites or lots, any one of which is less than five acres, for the purpose, whether immediate or future, of transfer of ownership, 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
(b) The improvement of one or more parcels of land for residential, commercial or industrial structures or groups of structures involving the division or allocation of land for the opening, widening or extension of any street or streets, except private streets serving industrial structures; the division or allocation of land as open spaces for common use by owners, occupants or lease holders or as easements for the extension and maintenance of sewer, water, storm drainage or other public facilities. (Ord. 21-1965. Passed 7-13-65.)
1161.07 MASTER PLAN.
"Master Plan" means the Plan of streets, sanitary sewers, storm sewers and ditches, water mains, public grounds and other proper public matters adopted by Council pursuant to law and as set forth on the official maps of the City established by Council pursuant to such adoption. (Ord. 21-1965. Passed 7-13-65.)
1161.08 OWNER.
"Owner" means any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity having a legal or beneficial interest in the land sought to be subdivided. (Ord. 21-1965. Passed 7-13-65.)
1161.09 STREET.
"Street" means a way for vehicular traffic, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place or however otherwise designated. (Ord. 21-1965. Passed 7-13-65.)
1161.10 ALLOTTER.
"Allotter" means any owner of land who presents a plat to the City for approval as provided for in these Subdivision Regulations. (Ord. 21-1965. Passed 7-13-65.)
1161.11 FILE COPY.
"File copy" means original or copy of any documents to be retained by the proper City authority for further official use or permanent record.
(Ord. 21-1965. Passed 7-13-65.)
1161.12 IMPROVEMENT.
"Improvement" means the installation of boundary monuments, sanitary water supply facilities and appurtenances, sanitary sewer facilities and appurtenances, septic tank facilities and appurtenances, sanitary and storm sewage disposal facilities and appurtenances, culverts bridges, temporary and permanent pavement, sidewalks, landscaping, or any two or more of the above, as indicated by the context of the sentence involved.
(Ord. 21-1965. Passed 7-13-65.)
1161.13 SUBDIVISION REGULATIONS.
"Subdivision Regulations" means Ordinance 21-1965, passed July 13, 1965, as codified in Title Nine of this Part Eleven - Planning and Zoning Code of the Codified Ordinances of Highland Heights. (Ord. 21-1965. Passed 7-13-65.)
1163.01 TITLE.
Title Nine of the Planning and Zoning Code (Ord. 21-1965, passed July 13, 1965) shall be known as the "Highland Heights Subdivision Regulations".
(Ord. 21-1965. Passed 7-13-65.)
1163.02 INTERPRETATION.
The provisions of these Subdivision Regulations shall be interpreted and applied to carry out their purposes, which are, among others, to protect the public health, safety, morals and welfare; to provide for sanitary sewage disposal and water systems and storm and flood drainage; to provide for safe streets; to prevent indiscriminate development of the City without public services and to provide for the orderly wholesome subdivision and development of the City. (Ord. 21-1965. Passed 7-13-65.)
1163.03 APPLICATION.
These Subdivision Regulations shall not apply to any lot or lots forming a part of a subdivision created and recorded prior to their effective date (Ordinance 21-1965, passed July 13, 1965). These Subdivision Regulations are not intended to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or ordinances, except those specifically repealed by these Subdivision Regulations, or abrogate private restrictions placed upon property by deed or covenants, or land to which the City is a party. The provisions of these Subdivision Relations shall be applied in addition to the existing provisions of such law, ordinance, contract or deed. (Ord. 21-1965. Passed 7-13-65.)
1163.04 CONFORMANCE REQUIRED.
No person whether the owner or not, shall subdivide any parcel of land located within the City except in conformity with the provisions of these Subdivision Regulations.
(Ord. 21-1965. Passed 7-13-65.)
1163.05 PLAT APPROVAL REQUIRED BEFORE RECORDING.
No plat of any subdivision shall be entitled to record with the County Recorder or have any validity until it shall have been approved by the City as provided in these Subdivision Regulations. In the event that any such unapproved plat is recorded, it shall be considered invalid and the Commission may institute proceedings to have the plat stricken from the records of the Cuyahoga County Recorder. (Ord. 21-1965. Passed 7-13-65.)
1163.06 PLAT APPROVAL REQUIRED BEFORE LAND TRANSFER.
No person shall transfer any land in the City whether by metes and bounds or otherwise, in furtherance of a design to subdivide the parcel of which such land is a part, unless a plat of such subdivision has first been approved by the City as provided in these Subdivision Regulations and recorded with the Cuyahoga County Recorder.
(Ord. 21-1965. Passed 7-13-65.)
1163.07 PERMIT REQUIREMENTS.
No building or other permits or approvals in connection therewith shall be issued by the Building Commissioner or other City officer or employee for any structure, appurtenance or use on a lot in a subdivision for which a plat has not been approved and recorded as provided for in these Subdivision Regulations, nor shall any such permit or approval be issued on any lot in any subdivision even if properly recorded, until after the required paving and underground improvements have been installed by the allotter and certified ready for use by the City Engineer.
Nothing contained in this section shall bar the issuance of permits and approvals for additions or modifications to existing buildings or for construction that has been started prior to the effective date of these Subdivision Regulations (Ordinance 21-1965, passed July 13, 1965). (Ord. 21-1965. Passed 7-13-65.)
1163.08 CHANGES IN PLAT.
No changes, erasures, modifications or revisions shall be made in any plat of a subdivision after final approval has been given by Council, unless such plat is first resubmitted to the Commission hereunder. (Ord. 21-1965. Passed 7-13-65.)
1163.09 SEPARABILITY.
Each of the standards, specifications, requirements, prohibitions, procedures, sections, regulations and other provisions contained in these Subdivision Regulations is hereby declared to be separate and independent of all other such provisions, and the holding of any one or more of such provisions to be unconstitutional, or void or unenforceable for any other reason, shall not affect or render void or unenforceable any other such provision of these Subdivision Regulations. (Ord. 21-1965. Passed 7-13-65.)
1163.10 ENGINEERS PROOF OF INSURANCE.
Prior to the submission of a final site plan to the Planning and Zoning Commission, all design consulting engineers, engaged in the development of new housing subdivisions and developments who sign and stamp drawings that the final site plan is based upon, shall execute and file with the Director of Finance and the Building Department proof of insurance containing the carrier’s name; certification that the insurance company is admitted to do business in the State of Ohio and has been an “A”, “A.M. Best” or higher rating; the policy dates; and have a minimum liability limit of one million dollars ($1,000,000), which shall be subject to approval by the Director of Law and shall be conditioned upon the faithful performance of all contractual arrangements, whether oral or written, entered into by such applicant with developers in the City for new housing developments.
(Ord. 16-1997. Passed 5-27-97.)
1163.99 PENALTY AND INJUNCTION.
(a) Whoever violates any of the provisions of these Subdivision Regulations shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than five hundred dollars ($500.00). Each day’s continuance of such violation shall be considered a separate offense.
(b) The City may, by legal proceedings, enjoin any person, firm or corporation or their agents from violating any of the provisions of these Subdivision Regulations.
(Ord. 21-1965. Passed 7-13-65.)
1165.01 APPROVAL WITHOUT PLAT.
A proposed division of a parcel of land along an existing public street, not involving the opening, widening or extension of any such street or road, and involving no more than five lots after the original tract has been completely subdivided, may be submitted to the Commission for approval without plat. If the Commission is satisfied that such proposed division is not contrary to applicable platting, subdividing or zoning regulations, it shall, within seven working days after submission, approve such proposed division and, on presentation of a conveyance of such parcel, stamp the same "approved by Planning and Zoning Commission; no plat required" and have it signed by its clerk, secretary or other official as may be designated by it. The Commission may require the submission of a sketch and such other information as is pertinent to its determination hereunder. (Ord. 21-1965. Passed 7-13-65.)
1165.02 GRANTING VARIANCES.
Where the Commission finds that extraordinary hardships may result from strict compliance with these Subdivision Regulations, it may vary the Regulations so that substantial justice may be done and the public interest secured, provided, however, that such variation will not have the effect of nullifying the intent and purpose of the Master Plan or these Subdivision Regulations.
In granting variances and modifications, the Commission may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so varied or modified. (Ord. 21-1965. Passed 7-13-65.)
1165.03 REQUIRED APPROVALS.
The following approvals of a subdivision are required:
(a) Preliminary Plat Approval. Approval of the preliminary plat shall not constitute final approval for record purposes, but shall constitute approval of the layout of streets and improvements submitted on the preliminary plat and shall serve as the basis for the preparation of the final plat.
(b) Improvement Plans Approval. Approval of improvement plans shall constitute approval of the plans and specifications for installation of all required improvements.
(c) Final Plat Approval. This shall constitute approval of the final plat for record purposes and shall not be construed as an acceptance of any lands for public use.
All of the above approvals must be requested and granted in accordance with the provisions as set forth in these Subdivision Regulations. However, an application may be made by the allotter for approval of the improvement plans and for approval of the final plat at the same time, provided that the necessary requirements for approval are complied with.
(Ord. 21-1965. Passed 7-13-65.)
1165.04 PRELIMINARY PLAT APPROVAL.
(a) Delivery; Engineer's Report. The preliminary plat and all other preliminary documents shall first be delivered to the City Engineer, who shall examine the same and attach thereto his written report, specifying in what respects the proposed subdivision and improvements deviate from any applicable ordinances, statutes, master plans and accepted engineering principles, and setting forth his recommendations for changes, if any.
(b) Payment of Fees. A certified or bank check in the sum of one thousand dollars ($1,000) payable to the City shall also be submitted with the preliminary plat, from which the City Engineer shall be paid for his services. The unexpended portion shall be repaid to the allotter when the plat is recorded, disapproved or abandoned, as the case may be. If the fee is not sufficient, Council shall require the allotter to pay the necessary additional amount as a condition of final approval.
(c) File Copy.
(1) The Engineer shall mark the original of the preliminary plat and all other preliminary documents "File Copy". All changes and modifications required by the Commission and Council shall be so marked on the file copies and no other marking shall be made thereon. One copy of the preliminary plat and each other document with all changes and modifications noted thereon shall be returned to the allotter for his use after each stage of the proceedings.
(2) Within ten days after receiving them, the Engineer shall file the preliminary plat and documents, together with his report, with the Commission.
(d) Recommendations of Commission.
(1) The Commission shall, within forty days after receiving the preliminary plat and documents from the Engineer, act thereon as submitted or modified. If, after considering the preliminary plat and documents, the Commission finds that the proposed subdivision and improvement proposals comply with the pertinent ordinances, statutes, master plans of streets and improvements, and accepted engineering principles, then it shall recommend approval by Council of such preliminary subdivision and improvement proposals, otherwise, it shall recommend rejection of the same. If the Commission does find such subdivision and improvement proposals do not fully so comply, then it may either permit the allotter to make the changes at the meeting to comply and then recommend approval of them, or it may recommend approval of such plan and improvements despite noncompliance, under the provisions of Section 1165.02.
(2) The recommendation of the Commission shall be by motion adopted by a majority of all its members. In the event the recommendation is to reject such proposals, the Commission shall cite its reasons for such rejection. The vote of each member shall be recorded in the minutes of the Commission. As soon as the Commission has made its recommendation, it shall file the preliminary plat, preliminary documents, Engineer's report and its minutes with the Council Clerk.
(e) Council Hearing Set; Notification to Allotter. The Council Clerk shall set all preliminary plats on the agenda at a subsequent regular meeting of Council, and shall notify the allotter of the time and place of the meeting by letter, at least five days prior thereto.
(f) Decision by Council. After hearing and considering the preliminary plat and documents, the Engineer's report and the recommendation of the Commission, Council shall either approve or reject the plat. If the decision of Council is to reject the plat, the allotter may resubmit his preliminary plat to the Commission and then to Council for their approval in conformity with the decision of Council. The reasons for rejection of the plat shall be set forth in the Council records.
(g) Notice of Council Decision to Allotter. Council shall give written notice of its decision to the allotter and redeliver therewith all preliminary documents, except the file copies of all documents which shall be redelivered to the City Engineer.
(h) Authorization to Proceed. The approval of the preliminary plat by Council authorizes the allotter to proceed with the preparation of the final plat and assures that for a one-year period from the date of such approval that:
(1) The general lay-out of streets, lots and other features of the preliminary plat may serve as the basis for the preparation of the final plat; and
(2) Any special conditions under which the approval of the plat was granted shall not be changed; and
(3) The developer may submit a final plat and drawings and specifications for improvements for the whole or part of the subdivision.
(Ord. 55-1988. Approved by voters 11-8-88.)
1165.05 IMPROVEMENT PLANS APPROVAL.
(a) Delivery; City Engineer's Report.
(1) All improvement plans shall first be delivered to the City Engineer who shall examine the same and attach thereto his written report setting forth in what respects the improvement plans do not comply with the approval as noted on the file copies of the preliminary plat and documents, and in what respects facts established since the approval of the preliminary plan require deviations, if any, from the preliminary approval in setting forth his recommendation concerning approval of the improvement plans.
(2) Within thirty days after receiving them, the Engineer shall file the improvement plans, together with his report, with the Commission.
(b) Recommendations of Commission.
(1) The Commission shall, within forty-five days after receiving the improvement plans and report from the Engineer, act thereon as submitted or modified. If, after considering the improvement plans and report, the Commission finds that the improvement plans and report conform with the preliminary plat and proposed improvements as approved, and that the allotter has complied with all pertinent ordinances and laws, then it shall recommend the same for approval by Council; otherwise, it shall recommend that the improvement plan be rejected. If the Commission finds that facts established since the preliminary approval require a change or a modification of the improvement plans, then it shall recommend approval or rejection accordingly.
(2) The recommendation of approval or rejection by the Commission shall be by motion adopted by a majority of all its members, duly recorded in its minutes. In the event that the recommendation is for rejection of the plan, the Commission shall cite its reasons for such rejection. As soon as the Commission has made its recommendation, it shall file the improvement plans, Engineer's report and a copy of the Commission's minutes with the Council Clerk.
(c) Council Hearing Set; Notification to Allotter. The Council Clerk shall set the request for hearing of the improvement plans on the agenda at a regular meeting of Council, and he shall notify the allotter of the time and place of the meeting by letter at least five days prior thereto.
(d) Decision by Council.
(1) After consideration and review of the improvement plans and the recommendation of the Commission, Council shall either approve or reject the improvement plans. If the decision of Council is to reject the plans, the allotter may resubmit his improvement plans to the Commission and then to Council for their approval in conformity with the decision of Council. The reasons for rejection of the plans shall be set forth in the Council records.
(2) The final approval of Council shall be by written resolution adopted by a majority of all its members. However, if the Commission has recommended rejection of the improvement plans, then Council may reverse the Commission and give its final approval only by a three-fourths vote of its members. The vote of each member shall be recorded in the Council minutes.
(e) The approval of the improvement plans by Council shall remain valid for a period of one year from the date of such approval. If commencement of the construction of the improvements included in the improvement plans has not commenced within one year from the date of such approval then such approval shall be null and void.
(Ord. 55-1988. Approved by voters 11-8-88.)
1165.06 FINAL PLAT APPROVAL.
(a) General Provisions. The final plat shall be prepared as specified in these Subdivision Regulations, and shall conform substantially to the preliminary plat as approved. If desired by the allotter, it may constitute only that portion of the approved preliminary plat which the allotter proposes to record and develop at that time, provided that such portion conforms to all requirements of these Subdivision Regulations. The final plat and other exhibits required for approval shall be submitted to the Commission within one year after approval of the preliminary plat; otherwise such approval of the preliminary plat shall become null and void.
(b) When Allotter May Install Improvements. The allotter shall have approval of the final plat for record purposes prior to the installation of required improvements. If the allotter elects, he may request approval of the final plat at the same time that he requests approval of the improvement plats.
(c) Delivery; City Engineer's Report.
(1) The final plat and all other final documents shall first be delivered to the City Engineer, who shall examine the same and attach thereto his written report, specifying in what respects the final plat and documents do not comply with the approval as noted on the file copies of the preliminary plat and documents, and in what respect facts established since the approval of the preliminary plat required deviations, if any, from the preliminary approval, and setting for his recommendations concerning approval of the final plat and documents.
(2) Within thirty days after receipt of the final plat and documents, the City Engineer shall file them, together with his report and the file copies of the final plat and documents, with the Commission.
(d) Recommendations of Commission.
(1) The Commission shall, within forty-five days after receiving the final plat and documents from the Engineer, act thereon as submitted, or modified. If, after considering the final plat and documents, the Commission finds that the final plat and other documents conform with the preliminary plat and proposal of improvements as approved and that the allotter has complied with all provisions of ordinances and statutes entitling him to record such plat, then it shall recommend the same for approval by Council; otherwise, it shall recommend that the plat be rejected. If the Commission finds that facts established since the preliminary approval require a change or modification of the final plat and/or other documents, then it shall recommend approval or rejection accordingly.
(2) The recommendation of the Commission shall be by motion adopted by a majority of all its members, duly recorded in its minutes. In the event the recommendation is for rejection of the plat, the Commission shall cite its reasons for such rejection. As soon as the Commission has made its decision, it shall file the final plat, file documents of the final plat, Engineer's report and a copy of the Commission's minutes with the Council Clerk.
(e) Council Hearing Set; Notification to Allotter. The Council Clerk shall set the final plat and documents on the agenda at a subsequent meeting of Council, and he shall notify the allotter of the time and place of the meeting by letter at least five days prior thereto.
(f) Decision by Council.
(1) After consideration and review of the final plat and documents, the Engineer's report and the recommendation of the Commission, Council shall either approve or reject the final plat. If the decision of Council is to reject the plat, the allotter may resubmit his final plat to the Commission and then to Council for their approval in conformity with the decision of Council. The reasons for rejection of the plat shall be set forth in the Council records.
(2) The final approval of Council shall be by resolution adopted by a majority of all its members. If the Commission has recommended rejection of the final plat, then Council may reverse the Commission and grant approval only by a three-fourths vote of its members. The vote of each member shall be recorded in the Council minutes.
(g) Certification, Recording of Final Approval. Final approval shall be certified by the Council Clerk on the final plat and documents, but only after the final plat has been delivered to the Clerk in all respects ready for recording. The allotter shall file the approved final plat in the office of the Cuyahoga County Recorder and shall pay all filing costs in connection therewith. The approval of the final plat shall expire within sixty days unless within that period the plat has been duly filed and recorded and both Council and the Commission have been so notified by the allotter in writing. If the final plat is revised in any manner after approval a new approval shall be necessary. (Ord. 55-1988. Approved by voters 11-8-88.)
1165.07 REQUIRED DOCUMENTS.
(a) Preliminary Plat. The preliminary plat of streets and lots shall be ozalid prints in triplicate of a pencil-drawn plan on paper, with a scale of not less than 200 feet to the inch and shall show the following:
(1) Boundary outline of the land to be allotted, plotted on a topographic survey with levels on a cross-section grid at fifty-foot intervals or an aerial topographic map with contour intervals of not more than two feet;
(2) Location and name of all existing streets terminating at or near such boundaries;
(3) Location and size of all existing watercourses, culverts, storm and sanitary sewers, water mains, and other conditions and facts pertinent to the subdivision;
(4) Plan of proposed streets, sublots and other areas with dimensions;
(5) Profile with horizontal scale of not less than one hundred feet to the inch, and vertical scale of not less than ten feet to the inch and with street center and building line elevations at fifty-foot intervals;
(6) Proposed name of the subdivision;
(7) Names and addresses of all owners of the subdivision;
(8) Date of preparation, scale, north point;
(9) Letter from City of Cleveland Water Department indicating sufficient water pressure to serve the proposed preliminary plat area;
(10) Letter from Cuyahoga County Sanitary Engineering Division that there is sufficient capacity to convey and/or treat sanitary sewage;
(11) Letter from agency treating sewage that the waste water treatment plant has sufficient capacity to treat the sewage from the preliminary plat area
(b) Additional Required Preliminary Plat Information. There shall be attached to the preliminary plat a statement in triplicate setting forth:
(1) Type of improvements proposed to be installed, described in general terms;
(2) Deviations from the pertinent laws or ordinances in the plat, if any;
(3) Type and size of buildings to be constructed in the subdivision;
(4) Such other matters as would be helpful in the approval proceedings.
(c) Improvement Plans. There shall be submitted with the improvement plan the following:
(1) A grading plan of the subdivision;
(2) Detailed plans and specifications for all improvements to be installed;
(3) Written approval of Cuyahoga County Sanitary Engineering Division, Northeast Regional Sewer District, the Ohio Environmental Protection Agency, the Cleveland Division of Water, the Federal Emergency Management Agency and other interested authorities of such improvement plans and specifications;
(4) Estimate of cost of all improvements, certified by the engineer who prepared the improvement plans, and a duplicate cloth tracing or wash-off mylar of the plat and the "as-built" improvement;
(5) Clearing plans of subdivision.
(d) Final Plat. The final plat shall be drawn to a scale of fifty feet to the inch in India ink on good quality tracing cloth by a registered engineer and shall show:
(1) The subdivision exactly as shown on the approved preliminary plat, including all approved changes and modifications;
(2) Name of the subdivision, streets therein, and the owners thereof;
(3) Location by original lot, township, village and county;
(4) All abutting properties and owners thereof;
(5) Bearings and distances to the nearest established street lines, section corners or other recognized permanent monuments which shall be accurately described on the plat;
(6) Municipal, township or county, or original lot lines accurately tied to the lines of the subdivision by distance and bearings;
(7) Accurate location of all existing and proposed monuments;
(8) Curve data, including length of arcs, chords, radii, points of curvature and tangency and bearing of chords;
(9) Date of preparation of plat, scale, north point;
(10) All necessary easements for right of way provided for all improvements, and any limitations of such easements, and any necessary easements for the installation and maintenance of swales and rear or side yard drainage for any lot.
(11) All lot numbers and lines, with accurate dimensions in feet and hundredths, and with bearing or angles to street lines;
(12) Accurate outlines of any areas to be dedicated or temporarily reserved for public use with the purpose indicated thereon;
(13) Building setback lines and dimensions in red ink;
(14) Certification by a registered surveyor to the effect that the plat represents a survey made by him, that all existing monuments shown thereon actually exist, that all proposed monuments will be set and that their location is correctly shown;
(15) An acknowledgment by the owner of his acceptance of the plat, and of the offer for dedication of all streets and other public areas;
(16) A maintenance bond as required in Section 1167.02 for all improvements which have been installed prior to the time that request is made for approval of the final plan, and cash deposit or performance bond as required in Section 1167.03 for those improvements which have not yet been installed at the time that request is made for approval of the final plat.
(17) An abstract, certificate of title, or title guarantee or title insurance in an amount of at least one thousand dollars ($1,000) meeting the approval of the Director of Law and covering the lands to be dedicated and any easements granted to the Municipality within such allotment, shall be filed with the plat. (Ord. 55-1988. Approved by voters 11-8-88.)
1165.08 PUBLIC USE OF LANDS.
(a) Allocation of Areas For Public Use; Considerations. In connection with the submission to the Planning and Zoning Commission of subdivision plats, due consideration shall be given by the owner thereof to the allocation of areas reasonably suitable for schools, playgrounds or park or recreational areas to be dedicated or deeded to public use or to be reserved by covenants in deeds to the sublots thereof for the common use of all property owners within the proposed subdivision.
In determining such reasonable suitability, consideration shall be given to such factors as the topography of the area to be so allocated, the major physical characteristics of such area, the location thereof in relation to the remaining area of the subdivision, the shape of the area to be so allocated and other similar consideration relative to a determination of whether or not the area to be so allocated can be reasonably used for schools, playgrounds or park or recreation areas. If the Commission, applying the standards set forth in this section, finds that the area to be so allocated for schools, playgrounds or park and recreation areas is reasonably suitable for such uses, and if it further finds that the area to be so allocated is equal to or greater than the minimum area required by subsection (b) hereof to be dedicated or deeded to the City for public park or recreational uses, the requirements of subsection (b) hereof shall not be applicable to such subdivision and there shall be no requirement that land shall be dedicated or deeded to the City for public park or recreational uses as a condition precedent to the approval of a subdivision by the Commission.
(b) Mandatory Dedication of Area for Park and Recreation Uses. In the interests of public safety, health and welfare, to provide proper open spaces for circulation of light and air and to avoid future congestion of population detrimental to the public safety, health and welfare, no subdivision plat shall be approved by the Commission, except as provided in subsections (a), (c), (d) and (h) hereof, unless in addition to all other lawful requirements, after deducting the area of such subdivision to be dedicated or deeded for public street, sidewalk or utility purposes, eight percent (8%) of the balance of the area of such subdivision is dedicated or deeded to the City for public park or recreational uses, provided that the area to be so dedicated or deeded to the City for public park or recreational uses shall be reasonably suitable, in the judgment of the Commission, for use as a public park or recreational area. In determining such reasonable suitability, the Commission shall consider such factors as the topography of the area to be so dedicated or deeded, the major physical characteristics of such area, the location thereof in relation to the remaining area of the subdivision, the shape of the area to be so dedicated or deeded and other similar considerations as in the judgment of the Commission are relative to a determination of whether or not the area to be so dedicated or deeded can reasonably be used for public park or recreational purposes.
(c) Exceptions and Considerations. Notwithstanding the requirement of subsection (b) hereof, the Commission shall have authority, after public notice and hearing as provided in subsection (e) hereof, to determine that it would not be adverse to the interests of public safety, health and welfare to provide proper open spaces for circulation of light and air and the avoidance of future congestion of population detrimental to the public safety, health and welfare, to approve a subdivision plan wherein less than the minimum area required by subsection (b) hereof is dedicated or deeded to the City for public park or recreational uses when it is further determined by the Commission, after such public notice and hearing, that it would be unreasonable to require the minimum area as set forth in subsection (b) hereof to be so dedicated or deeded and that practical difficulties or unnecessary hardship would result from such requirement. In making such determination, the Commission shall consider such factors as the following:
(l) The aggregate area of the subdivision after deducting the area to be dedicated or deeded for public street, sidewalk or utility purposes;
(2) The topography of the subdivision;
(3) The major physical characteristics of the land within the area of the subdivision;
(4) The aggregate area of the subdivision, after deducting the area to be dedicated or deeded for public street, sidewalk or utility purposes, which can reasonably be developed for uses authorized under the Planning and Zoning Code;
(5) The uses which may be made of the proposed subdivision under the Planning and Zoning Code and the density of population which reasonably would result from such permitted uses;
(6) The proximity of existing public park or recreational areas with consideration given to whether or not such existing public park or recreational areas would reasonably satisfy the need for public park and recreational areas within the proposed subdivision;
(7) Proposed deed restrictions and setback lines;
(8) Other exceptional conditions as in the judgment of the Commission are relative to a reasonable determination of the area of land to be dedicated to the City for public park and recreational uses; and
(9) Whether or not the refusal to approve a subdivision plan with less than the minimum area required by subsection (b) hereof to be dedicated or deeded to the City for public park or recreational uses would deprive the owner of the subdivision of substantial property rights.
If the Commission, following the procedure set forth in this subsection, approves the dedication or deeding of less than the minimum area required by subsection (b) hereof to the City for public park or recreational uses, then the allotter shall comply with the provisions of subsection (h) hereof for that percentage of land representing the difference between the minimum area required by subsection (b) hereof and that lesser area accepted by the Commission pursuant to this subsection.
(d) Public Notice of Hearings. Public notice as required by subsection (c) hereof shall mean a notice posted for fifteen days in the same manner as required by the Codified Ordinances for public notice of legislation and published one time in a newspaper of general circulation in the City. The notice shall set forth that a subdivision plat, stating the name thereof, has been submitted to the Commission, that the owner thereof has requested that it be approved by the Commission pursuant to subsection (c) hereof, although less than the minimum area required by subsection (b) is to be dedicated to the City for public park or recreational uses, and the place, date and time that a public hearing shall be held on the request. The notice shall be published at least ten days prior to the date of such hearing and posted so that fourteen full days elapse between the day the notice is posted and the date of the hearing.
(e) Grading and Seeding Lands Allocated For Public Use. In those cases where land is allocated to public use as provided in subsection (a) hereof or is to be dedicated or deeded to the City for public park or recreational uses pursuant to subsections (b) or (c) hereof, the owner of the proposed subdivision, prior to approval of the subdivision plat, shall grade such area and plant it with grass seed of such quality and character, and in such amount, as is reasonably suitable for park or recreational uses, or in lieu thereof, he may furnish a one hundred percent (100%) performance bond. The amount of such bond shall be determined in the manner provided by Section 1167.03(c), in the case of a subdivision improvement bond. The form of such bond and the security therefor shall be as provided in Sections 1167.03(a) and (b), respectively.
(f) Title Guaranty Required. In those cases where land is to be deeded or dedicated to public use as required by subsections (a), (b) or (c) hereof, other than land reserved by covenants in deeds to the sublots of a proposed subdivision for the common use of all property owners within the proposed subdivision, the proposed streets of such subdivision shall not be dedicated to public use until the owner of such proposed subdivision delivers a good and sufficient warranty deed conveying title in such deeded land to the City free and clear of all liens, encumbrances, taxes and assessments, both general and special, except zoning and building ordinances.
Prior to the dedication to public use of the streets within such proposed subdivision, the deed shall be deposited with an escrow agent selected by the Director of Law under such instructions as the Director may deem proper to effectuate the purposes of this section. The deed shall be recorded by the Director upon the acceptance of such streets for dedication and the issuance of a title guaranty in the amount of the value of the land, which title guaranty shall show good title in the City free and clear of all liens, encumbrances, taxes and assessments, both general and special, except zoning and building ordinances of record. All escrow fees, the recording fees and the cost of the title guaranty shall be paid by the subdivider.
(g) Penalty. Whoever violates any provision of this section shall be fined not more than five hundred dollars ($500.00). Each succeeding day of continued violation, after notice thereof, shall constitute a separate offense.
(h) If the Commission finds that compliance with subsections (a) or (b) hereof by an allotter is inappropriate because of the location or character of the land available for the purposes set forth in this section, then the allotter shall pay to the City the lesser of: the value of the portion of the subdivision that would have been required to be allocated, computed as provided in subsection (b) hereof, such value to be based on sale prices of similar land in Cuyahoga County as determined by Council; or if the City will have acquired real estate for recreational purposes, a portion of the cost of acquiring that real estate as herein provided. Council shall determine the cost of acquisition of that real estate, which shall not include interest or other financing costs. The amount thus computed shall increase annually by an amount equal in percentage to the annual increase in the consumer price index for the Cleveland, Ohio, area until the acquisition cost of all real estate acquired for recreational purposes will have been liquidated through the payments herein provided for. The amount the allotter shall pay shall be computed by multiplying that acquisition cost by a fraction, the numerator of which shall be the area of the allotter's subdivision (less the amount to be dedicated for public street, sidewalk or utility purposes) multiplied by eight percent (8%) and the denominator of which shall be the area of all such real estate acquired by the City. No subdivision plat shall be approved or streets dedicated to public use until such funds shall have been paid to the City. All funds paid pursuant to this section shall be set aside and used for the purpose of acquisition of additional park or recreational land. Upon ordinance enacted by the affirmative vote of five members of Council, and any time that Council so determines it appropriate, such funds may be used instead for park site development.
(Ord. 23-1988. Approved by voters 11-8-88.)
1167.01 INSTALLATION AFTER PLAN APPROVAL.
The allotter may commence with the installation of required improvements, after approval of the improvement plans has been granted in accordance with the provisions of Section 1165.05, and prior to the granting of final approval of the subdivision.
(Ord. 21-1965. Passed 7-13-65.)
1167.011 COMPLETION OF IMPROVEMENTS.
Following final approval of a plat for the subdivision of land, or the commencement of the installation of required improvements, after approval of the improvement plans has been granted in accordance with the provisions of Section 1165.05, and prior to the granting of final approval of the subdivision, the allotter must commence with the construction of all underground improvements, as required by this chapter, within one year from the date of final approval or approval of the improvement plans prior to granting a final approval. All underground improvements as required by this chapter, together with the installation of paving and curbs within the subdivision, must be completed within two years following the date of final approval of improvement plans prior to the granting of final approval. Extensions for the aforestated time periods may be granted by Council for good cause shown and must be confirmed by a resolution of Council.
(Ord. 5-1968. Passed 3-26-68.)
(Ord. 5-1968. Passed 3-26-68.)
1167.02 CERTIFICATION OF COMPLETION; MAINTENANCE BOND.
With respect to all improvements which have been installed by the allotter prior to the granting of final approval of the subdivision, the City Engineer shall furnish to the Commission, at the time that request is made for final approval, a certification that all such improvements have been constructed and installed according to the approved plans therefor, and are ready for use, and that they have been approved by the various agencies whose approval is required.
In addition, the allotter shall cause to be furnished to the City a maintenance bond in the amount of one hundred percent (100%) of the cost of all improvements which have been installed. This bond shall be conditioned on the proper operation of these improvements for a period of three years from the date of the granting of the final approval. The bond shall provide that the City shall be kept harmless and free of tort and contract claims of third persons, with the right given to the City to effect any necessary repair or correction of these improvements during such three-year period, and hold the principal and surety jointly and severally liable on the bond. (Ord. 29-1990. Passed 7-24-90.)
1167.03 PERFORMANCE BOND IN LIEU OF INSTALLATION.
Concurrently with the application for approval of the final plat, the developer may execute and file with the City a performance bond, secured as hereinafter required, in lieu of actual installation or completion of required improvements.
(a) Form of Bond. The performance bond shall be conditioned upon proper installation of all improvements required by the Codified Ordinances, according to the approved plans and specifications, within two years after Council approval of the final plat of the subdivision, and shall provide that the City shall have the right, in the event of default, to install the required improvements, to proceed against the developer and against any surety on the bond for the cost thereof, and so apply to the cost of such improvements any funds deposited with the City or in escrow as security for performance of the conditions of the bond. The bond shall further provide that the developer shall hold harmless the City, its officers and employees, from all claims, demands and causes of action, of every nature and description, arising out of the installation of improvements within the developer's subdivision, conditions existing during the construction or installation of such improvements, and all damages to neighboring property owners resulting from approval of the developer's subdivision by the City and the installation of improvements therein, including without limitation damages resulting from increase in surface water flowing from the subdivision and all claims arising out of changes to natural ditches or drainage courses. The terms "claims, demands and causes of action" shall include all expenses of defending against such claims, demands and causes of action, including fees payable to attorneys and expert witnesses, wages paid to City employees while occupied in defense of such claims, demands and causes of action, and wages or salaries reimbursed by the City to City officers to compensate them for wages and salaries lost while engaged in such defense. The form of each performance bond shall be approved in writing by the Director of Law.
(b) Security for Bond. Performance bonds shall be secured, as follows:
(1) By the written guarantee of one or more surety companies authorized to conduct business within the State of Ohio. The form of guarantee shall be approved in writing by the Director of Law. The Director may reject a performance bond in the event that he reasonably determines that the assets of the surety company or companies, subject to attachment within the State of Ohio, are insufficient to secure performance of the developer's obligations, taking into account other outstanding liabilities and contingent liabilities of the surety company or companies; or
(2) By deposit of cash, in the full face amount of the bond, with the City or with an escrow agent or trustee. In the event funds are deposited with an escrow agent or trustee, all documents or instruments governing the terms of such deposit shall be approved in writing by the Director of Law.
(c) Amount of Bond. The amount of performance bonds shall be determined by the City Engineer, and shall be in an amount equal to the estimated total cost of materials and labor required by the Codified Ordinances, including the estimated cost of repairing or reconstructing public improvements outside the subdivision which may be damaged by construction activity. The amount of a performance bond shall also include estimated damages, if any, to neighboring properties which are the subject of the hold harmless provision contained in subsection (a) hereof, and the estimated costs of defending against claims for any such damages.
(d) Reduction of Bond and Return of Security. When the City Engineer has certified in writing that all subdivision improvements have been satisfactorily completed in accordance with approved plans and specifications, the performance bond submitted by the developer shall be cancelled and all funds deposited as security therefor shall be returned. Upon written certification by the City Engineer that any portion of the improvements has, upon inspection, been found satisfactorily completed, a reduction in the amount of the bond or partial withdrawal of funds deposited as security therefor, equal to the cost of such completed improvements, as estimated by the City Engineer, may be authorized by the Engineer, if in the opinion of the Engineer the remaining bond or security shall be fully sufficient, under all the circumstances, to guarantee performance of the conditions of the bond. In the event that the developer shall have been required to post a maintenance bond for the same subdivision, pursuant to the requirements of Section 1167.02, the City may retain so much of the funds posted as security for the developer's performance bond as may, in the judgment of the City Engineer, be necessary to provide adequate security for the performance of the conditions of the developer's maintenance bond.
(Ord. 16-1978. Passed 4-11-78.)
1167.031 FEE REQUIRED FOR FURNISHING AND PLANTING OF TREES.
(EDITOR'S NOTE: This section was repealed by Ordinance 58-1984, passed November 27, 1984. See Section 1311.23 for fee required for furnishing and planting of trees.)
1167.04 LOCATION OF IMPROVEMENTS.
All improvements shall be located within the width of the proposed rights of way, and easements acceptable to the Law Director shall be given prior to commencing installation, granting all rights with respect to such improvements to the City.
(Ord. 21-1965. Passed 7-13-65.)
1167.05 IMPROVEMENT PLAN REQUIREMENTS .
The improvement plans shall be prepared with a horizontal scale of one inch equals fifty feet and a vertical scale of one inch equals five feet by the allotter'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 plans shall include the following: existing profile taken on the center line and side lines of the street, and at building lines 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; water mains; house connections; pavement and a typical cross-section of the roadway showing underground installations and pavement and berm areas.
(Ord. 21-1965. Passed 7-13-65.)
(Ord. 21-1965. Passed 7-13-65.)
1167.06 GRADING PLAN REQUIREMENTS.
The grading plan shall consist of a plan of each street in the subdivision, prepared at a scale of not less than one inch equals fifty feet, showing the street lines, sidewalks, paving and lot lines with dimensions, and each lot identified by its proper sublot number. A rough outline of all houses shall be shown with their setback distances. Existing elevations and proposed grades shall be shown at all corners of each sublot and at the front of each house.
(Ord. 21-1965. Passed 7-13-65.)
1167.07 REQUIRED PAVING AND UNDERGROUND IMPROVEMENTS.
The following paving and underground improvements are required:
(a) Streets Generally. Streets shall be cleared, excavated and graded as provided for in the specifications attached hereto, made a part hereof and entitled "Street Excavations", and shall be designed as set forth in Section 1167.09.
(b) Public Water Supply; Sanitary and Storm Sewers. Each sublot, parcel and reserve strip in a subdivision shall be provided with a connection to a public water supply, sanitary sewer and storm sewer, each constructed in accordance with the specifications attached hereto, made a part hereof and entitled "Sewers" and "Water".
Installation of such improvements shall be approved by the Cleveland Water Department, Cuyahoga County Sanitary Engineer, Cuyahoga County Board of Health and the City Engineer.
(1) If a public water supply is not reasonably accessible to any sublot in a subdivision, then such sublot shall be provided with a well or other private water supply system to supply adequate potable water as approved by the Cuyahoga County Board of Health.
(2) If a sanitary sewer connection is not reasonably accessible to any sublot in a subdivision, then such sublot shall be provided with a septic tank properly designed to drain into a storm sewer, all in accordance with the County Board of Health specifications; provided, however, that no septic tanks shall be substituted for sanitary sewers if either a gravity or forced sanitary sewer system can be used in accordance with the City specifications attached hereto, made a part hereof and entitled "Sanitary Sewers". (Ord. 21-1965. Passed 7-13-65.)
(3) If a storm sewer connection is not reasonably accessible to a sublot, then such sublot shall be provided with storm drainage facilities as required by the City Engineer in accordance with accepted civil engineering standards and practice. All watercourses and drainage facilities in residential subdivisions shall be enclosed.
(Ord. 28-1985. Passed 6-18-85.)
(c) Culverts and Bridges. Culverts and bridges shall be constructed wherever the topography of the land so requires in accordance with plans and specifications approved by the City Engineer, and made in accordance with accepted civil engineering standards and practices.
(d) Street Lighting System. An adequate street lighting system shall be provided by the allotter for the subdivision. Such street lighting system shall have electroliers and continuous underground circuits, except when lights on poles are specifically approved by the Commission. Such street lighting system shall be based on the American Standard Practice for Street and Highway Lighting, as amended, sponsored by the Illuminating Engineering Society and approved by the American Standards Association, Inc., and as approved by the City Engineer.
The allotter shall comply with the requirements of the foregoing paragraph by either providing the aforesaid street lighting system, or agreeing to assessment proceedings for such purpose.
(e) Street Rights of Way Provisions.
(1) Where the street right of way is less than sixty feet, underground improvements shall be installed as follows:
A. Water main, eight feet from center line of street;
B. Dual sewer system, on center line of street;
C. Single sewer system, one sewer on center line, the other sewer eight feet from center line opposite water main.
(2) Where the street right of way is sixty feet or more, underground improvements shall be installed in the tree lawns with the water main in one tree lawn and the sewer in the opposite tree lawn.
(3) When the paving is to be installed in the same construction season as the underground improvements, the backfilling of the trenches of the underground improvements shall be in accordance with either subsections (f)(2) or (f)(3) below.
(4) When the paving is not to be installed in the same construction season as the underground improvements, the backfill of the trenches shall settle over the following winter. (Ord. 21-1965. Passed 7-13-65.)
(5) After the backfill in the trenches has been compacted to the satisfaction of the City Engineer, the streets shall be drained, paved and curbed with reinforced concrete in accordance with City specifications and cross-section plans attached hereto, made a part hereof and entitled "Construction and Material Specifications".
(Ord. 7-1985. Passed 1-22-85.)
(f) Backfilling.
(1) All ordinary backfilling of storm and sanitary sewers, water mains, curb connections and appurtenances shall be performed in accordance with the requirements for ordinary backfill as set forth in the standard "Specifications for Sewers and Water" as made a part of the City specifications.
(2) All sewer and water construction under the proposed pavement areas and for an additional five feet outside of and adjacent to the proposed pavement areas, as shown on the plans, shall be backfilled with compacted earth, clay or granular soil excavated from the trench. If, in the opinion of the City Engineer, the material excavated from the trench is unsuitable for backfill, the contractor shall, at his own expense, secure suitable material from other locations on the site. The backfill shall be brought up evenly on both sides of the pipe and shall be placed in layers not to exceed four inches in thickness and compacted with mechanical tampers or other approved mechanical compactors, as directed by the City Engineer. The compaction requirement for tamped earth backfill shall be ninety-five percent (95%) of the maximum laboratory dry weight. No backfill shall be done during freezing weather except by permission of the City Engineer, and no backfill shall be made when the material already in the trench is frozen, nor shall frozen material be used in backfilling. The Engineer shall advise Council prior to granting such permission.
(3) All sewer and water connections under the proposed pavement areas and for an additional five feet outside of and adjacent to the proposed pavement areas as shown on the plans shall be backfilled with compacted bank sand containing not more than ten percent (10%) by weight of loam or clay and free of all deleterious or objectionable material. All material excavated from the trench shall be removed from the street areas and deposited upon land abutting the improvement in a manner satisfactory to the Engineer. The granular backfill shall be brought up evenly on both sides of the pipe and shall be placed in layers not to exceed six inches in thickness and compacted with mechanical tampers or other approved mechanical compactors, as directed by the City Engineer. Sand backfill may be compacted with water if satisfactory drainage is provided for the free water. When compacted with water, the granular material shall be placed in layers not to exceed twelve inches loose depth and each layer thoroughly saturated with water. No backfill shall be made during freezing weather when the backfill material already in the trench is frozen, nor shall frozen sand be used in backfilling.
(g) Monuments. When streets are paved, monuments shall be placed at all intersections, angle points, points of curvature and tangency in streets, and at such intermediate points as shall be required by the City Engineer.
(Ord. 21-1965. Passed 7-13-65.)
1167.08 REQUIRED SURFACE IMPROVEMENTS.
The following surface improvements are required:
(a) Sidewalks.
(1) Sidewalks shall be provided on both sides of the street. Sidewalks shall be located in the public right of way so that the inner line is approximately six inches from the property line. On corner lots each sidewalk shall be extended to the curb. In one-family, two-family and multi-family developments, sidewalks shall be not less than five feet in width. In business developments sidewalks shall not be less than five feet wide.
(2) Sidewalks shall be constructed of concrete four inches thick, except where they are crossed by driveways, when they shall be six inches thick, and in accord with other standards for construction of the City.
(c) Street Name Signs. Street name signs shall be furnished and installed by the City and shall be of a type and size to conform to the general street sign plan adopted by the City. The signs shall be mounted at a height of approximately seven feet above the top of the curb. Placement of signs shall be in accord with the "Manual on Uniform Traffic Control Devices", and placed on diagonally opposite corners, on the far right-hand side of the intersection for traffic on the more important street, and as close to the corner as possible. The City shall charge to the developer the cost of the sign, the pole and other miscellaneous items including, but not limited to, the City's cost of labor in connection therewith. (Ord. 69-1988. Passed 9-20-88.)
1167.09 STREET LAYOUTS.
(a) Minimum Width. The minimum width of any proposed street right of way
shall be sixty feet.
(b) Grade. The grade of all streets in a subdivision shall be established by the engineer of the allotter, and approved by the City Engineer.
(c) Arrangement and Design Standards. The arrangement, character, extent, width, grade and location of all streets shall conform to the Official Map and Master Plan and shall be considered in their relation to existing and planned streets, to topographical conditions, to public convenience and safety, and in their appropriate relation to the proposed uses of the land to be served by such streets. Where not shown on the Official Map or Master Plan, the arrangement and other design standards of streets shall conform to the provisions of this section.
(d) Arterial Street in Subdivision. Where a subdivision abuts or contains an existing or proposed arterial street, the Commission may require marginal access streets, reverse frontage with screen planting contained in a nonaccess reservation along the rear property line, deep lots with rear service alleys, or such other treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic.
(e) Street Names. No street names shall be used which will duplicate or be confused with the names of existing streets in Cuyahoga County. Street names shall be subject to the approval of the Commission.
(f) Continuation of Existing Streets. The arrangement of streets in new subdivisions shall provide for the continuation of the existing streets in adjoining areas. Where adjoining areas are not subdivided, the arrangement of streets in the subdivision shall provide for the proper projection of streets. When a new subdivision adjoins unsubdivided land susceptible of being subdivided, then the new streets shall be carried to the boundaries of the tract proposed to be subdivided.
(g) Provisions for Future Streets. Where a tract is subdivided into larger parcels than ordinary building lots, such parcels shall be arranged so as to allow the opening of future streets and further resubdivision. The street arrangements shall not be such as to cause hardship to owners of adjoining property in subdividing their own land.
(h) Intersections. The intersection of more than two streets at one point shall be avoided unless it is impractical to secure a proper street system otherwise. Streets shall intersect one another at an angle as near to a right angle as possible, and no intersection of streets at angles of less than seventy-five degrees shall be approved. Street boundary line intersections shall be rounded with a radius of twenty feet when the intersection occurs at right angles. If an intersection occurs at an angle other than a right angle, it shall be rounded with a curve of a radius acceptable to the Commission. No block shall be longer than 2400 feet.
(i) Dead-end Streets. Dead-end streets shall not be allowed, except temporarily where later subdivision of adjoining land will provide for ultimate connection with other streets, and then only if a concrete paved turnaround with an outside diameter of at least 120 feet is provided. Such turnaround shall be at least 120 feet in diameter, and paved with concrete to an outside diameter of at least ninety-four feet and an inside diameter of at least forty-six feet.
(j) Cul-de-sac Streets. Cul-de-sac streets may be allowed, the length of which shall be not more than 400 feet to the center of the turnaround, and which shall be paved as provided in Section 1167.07(e)(5).
(k) Reserve Strips. No reserve strips of land controlling access to public ways, or showing strips of land which will not prove taxable for special improvements, shall be allowed, provided 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. 21-1965. Passed 7-13-65.)
(l) (EDITOR'S NOTE: This subsection was repealed by Ordinance 23-1987, passed July 28, 1987. See Section 1123.06 for relevant provisions.)
1167.10 INSPECTION OF IMPROVEMENTS; LAND ACCEPTANCE.
After all improvements have been installed, and not earlier than three years after the date of final approval of the subdivision, an inspection of all improvements shall be made by a committee of Council and the City Engineer. The Engineer shall notify the allotter or his assignees in writing of all defects and deficiencies in construction, and the allotter or his assignees shall correct the same within ninety days of receipt of such notice.
After all defects and deficiencies in construction, if any, found by such committee, have been certified as corrected by the City Engineer and the owner has furnished an abstract, certificate of title and title guarantee or insurance in the sum of one thousand dollars ($1,000) approved by the Law Director and showing all encumbrances, then Council shall accept all public lands and improvements for dedication and release all bonds and unexpended deposits.
Such dedication shall be by ordinance, the adoption of which shall be certified by the Council Clerk on the plat, and to the County Recorder and County Auditor.
(Ord. 21-1965. Passed 7-13-65.)
1167.11 PHOTOGRAPHS OF SEWERS; APPROVAL AND COST.
(a) The Municipal Engineer is hereby directed to, prior to final approval of any newly installed sewer system and/or reconstructed sewer system or line being less than thirty-six inches in diameter, require that any and all contractors cause photographs to be made of such sewer systems or lines installed, showing thereby that the sewer system has been constructed upon a sound engineering basis, and that the sewer system is free of any and all accumulation of foreign substance and material, and that the passage and flow of waters is free and unobstructed.
(b) Upon inspection of such photographs and if satisfied that such sewer is free and clear of all foreign substance and there is nothing present to prevent the free flow of sewage and storm waters, the Engineer is hereby authorized to approve the same as a final inspection, placing in safekeeping all photographs for future reference by the Municipality.
(c) The cost of such photographing and photographs shall be entirely paid for by the contractor or developer of such land and/or sewer system, and such photographs shall remain the property of the Municipality. (Ord. 47-1967. Passed 9-26-67.)
1167.12 IDENTIFICATION OF LOT BOUNDARIES.
The allotter shall install corrosion resistent metal pins three-quarters of an inch in diameter at the corners of each subdivision lot indicating the location of the lot boundaries, which pin need not be installed prior to grading but which shall be permanently affixed to each lot prior to the issuance of an occupancy permit. Such metal pins shall be three feet in length and shall not protrude more than three inches above the final grade line of the property. The allotter shall furnish to the Building Commissioner a certificate evidencing the placement of the pins as required by this section.
(Ord. 26-1981. Passed 6-9-81.)
(Ord. 26-1981. Passed 6-9-81.)
CODIFIED ORDINANCES OF HIGHLAND HEIGHTS