(a)    To protect and provide for the public health, safety and welfare.

   (b)    To guide future growth and development of the Village in accordance with the Comprehensive Plan.

   (c)    To provide for adequate light, air, and privacy, to secure safety from fire, flood, and other danger, and to prevent overcrowding of the land and undue congestion of population.

   (d)    To protect and conserve the value of land throughout the Village and the value of buildings and improvements upon the land, and to minimize conflicts among the uses of land and buildings.

   (e)    To guide public and private policy and action in order to provide adequate and efficient transportation, water, sewerage, schools, parks, playgrounds, recreation, and other public requirements and facilities.

   (f)    To establish reasonable standards of design and procedures for subdivisions and resubdivisions in order to further the orderly layout and use of land, and to ensure proper legal descriptions and monumenting of subdivided land.

   (g)    To assure that public facilities and services are available concurrently with development and with sufficient capacity to serve the proposed subdivision and that the community will be required to bear no more than its fair share of the cost of providing the facilities and services through requiring the developer to pay fees, furnish land, or establish mitigation measures to ensure that the development provides its fair share of capital facilities needs generated by the development.

   (h)    To prevent the pollution of air, streams, and ponds; to assure the adequacy of drainage facilities; to safeguard water quality; and to encourage wise management and use of natural resources throughout the Municipality in order to preserve the integrity, stability, and beauty of the community and the value of the land.

   (i)    To provide for open spaces through the most efficient design and layout of the land, including the use of average density in providing for minimum width and area of lots, while preserving the density of development as established in the zoning ordinances of the Village.

   (j)    To remedy problems associated with inappropriately subdivided lands, including premature subdivision, excess subdivision, partial or incomplete subdivision, scattered and low-grade subdivision.

      (1)   The plat of subdivided land was recorded without the prior approval of the Planning Commission or Council, whether or not prior approval was required at the time the land was subdivided, and the plat contains contiguous lots in common ownership where one or more of the lots were undeveloped, whether the lots are owned by the original subdivider or an immediate or remote grantee from the original subdivider;

      (2)   The plat of the subdivided land has been of record for more than five (5) years, was not approved after the effective date of these regulations, and contains contiguous lots in common ownership where one or more of the contiguous lots are undeveloped, whether the lots are owned by the original subdivider or an immediate or remote grantee from the original subdivider;

      (3)   The plat of the subdivided land has been of record for more than five (5) years, was not approved after the effective date of these regulations, and contains contiguous lots in common ownership where one or more of the contiguous lots are undeveloped, and one or more is nonconforming under the Zoning Ordinance, whether the lots are owned by the original subdivider or an immediate or remote grantee from the original subdivider;

      (4)   The original subdivider or his successor failed to complete subdivision improvement requirements pursuant to a subdivision improvement agreement entered into when the plat for the subdivided land was approved and the plat contains contiguous lots in common ownership where one or more of the lots were undeveloped, whether the lots are owned by the original subdivider or an immediate or remote grantee from the original subdivider; except that this Section 1151.09(c)(4) shall not apply if the Municipality has obtained possession of sufficient funds from security provided by the subdivider with which to complete construction of improvements in the subdivision.

      (5)   Whenever the jurisdiction of the Planning Commission extends to one of the situations described in subsection (c)(1) to (4) hereof, only the sale, lease, transfer, or development of an undeveloped lot or lots in common ownership shall be subject to these regulations.

      (1)   The subdivider or his agent has submitted a conforming sketch plat of the subdivision to the Zoning Administrator; and,

      (2)   The subdivider or his agent has obtained approval of the sketch plat, a preliminary plat when required, and a final plat from the Planning Commission or Village Council; and,

      (3)   The subdivider or his agent files the approved plats with the Clerk and Recorder for Cuyahoga County.

      (1)   The granting of a variance, exception, or waiver of conditions will not be detrimental to the public safety, health, or welfare or injurious to other property;

      (2)   The conditions upon which the request is based are unique to the property for which the relief is sought and are not applicable generally to other property;

      (3)   Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of these regulations is carried out;

      (4)   The relief sought will not in any manner vary the provisions of the Zoning Ordinance, or Official Map, except that those documents may be amended in the manner prescribed by law.

      (A)   It shall be the duty of the Zoning Administrator to enforce these requirements and to bring to the attention of the Prosecuting Attorney or his designated agent any violations of these regulations.

      (B)   No owner, or agent of the owner, of any parcel of the land located in a proposed subdivision shall transfer or sell any part of the parcel before a final plat of the subdivision has been approved by the Planning Commission in accordance with the provisions of these regulations and filed with the Clerk and Recorder of Cuyahoga County.

      (C)   The subdivision of any lot or parcel of land by the use of metes and bounds description for the purpose of sale, transfer, lease, or development is prohibited.

      (D)   No building permit shall be issued for the construction of any building or structure located on a lot or plat subdivided or sold in violation of the provision of these regulations, nor shall the Village have any obligation to issue certificates of occupancy or to extend utility services to any parcel created in violation of these regulations

   (1)   “Adequate public facilities” means facilities determined to be capable of supporting and servicing the physical area and designated intensity of the proposed subdivision as determined by Council based on specific levels of service.

   (2)   “Alley” means a public or private right-of-way primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on some other street.

   (3)   “Applicant” means the owner of land proposed to be subdivided or its representative who shall have express written authority to act on behalf of the owner. Consent shall be required from the legal owner of the premises.

   (4)   “Area of benefit” means an area of land which is designated by the Planning Commission as receiving benefits from or creating the need for the construction, acquisition, or improvement of a Public Facilities Project.

   (5)   “Area related facility” means a capital improvement which is designated in the capital improvements program as serving new development and which is not a site-related facility. Area-related facilities may include land dedication or construction of an oversized capital improvement, whether located offsite, or within or on the perimeter of the development site.

   (6)   “Average density”. See “cluster zoning”.

   (7)   “Block” means a tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines of waterways, or boundary lines of municipalities.

   (8)   “Bond” means any type of surety bond in an amount and form satisfactory to the Council. All bonds shall be approved by the Council whenever a bond is required by these regulations.

   (9)   “Buffer” means a naturally vegetated area or vegetated area along the exterior boundaries of an entire development processed in accordance with a multi-phased or phased subdivision application which is landscaped and maintained as open space in order to eliminate or minimize conflicts between such development and adjacent land uses.

   (10)   “Building” means any structure built for the support, shelter, or enclosure of persons, animals, chattels, or movable property of any kind.

   (11)   “Building and Zoning Inspector” means the person designated by the local government to enforce the Zoning Ordinance. If no administrative assistant is appointed to administer these regulations, the Building and Zoning Inspector shall administer these regulations.

   (12)   “Capital improvement” means a public facility with a life expectancy of three or more years, to be owned and operated by or on behalf of the local government.

   (13)   “Capital improvements program” means a plan setting forth those capital improvements and that portion of their costs which are attributable to serving new development within designated service areas for such public facilities over a period of specified years (10-20). Capital improvements program may refer either to the plan for a particular service area or to the aggregation of capital improvements and the associated costs programmed for all service areas for a particular category of public facilities.

   (14)   “Central sewer system” means a community sewer system including collection and treatment facilities established by the developer to serve a new subdivision.

   (15)   “Central water system” means a public or private water company formed to serve new subdivisions. It may include water treatment and distribution facilities.

   (16)   “Certify” means whenever these regulations require that an agency or official certify the existence of some fact or circumstance, the Municipality by administrative rule may require that such certification be made in any manner, oral or written, which provides reasonable assurance of the accuracy of the certification.

   (17)   “Cluster zoning” means a technique which allows lots to be reduced in size and buildings sited closer together provided the total development density does not exceed that which could be constructed on the site under conventional zoning and the remaining land is utilized for open space or public purposes.

   (18)   “Collector roads” means a road intended to move traffic from local roads to secondary arterial. A collector road serves a neighborhood or large subdivision and should be designed so that no residential properties face onto it.

   (19)   “Common ownership” means ownership by the same person, corporation, firm, entity, partnership, or unincorporated association; or ownership by different corporations, firms, partnerships, entities, or unincorporated associations, in which a stockbroker, partner, or associate, or a member of his family owns an interest in each corporation, firm, partnership, entity, or unincorporated association.

   (20)   “Concurrency” means the requirement that development applications demonstrate that adequate public facilities are available at prescribed levels of service concurrent with the impact or occupancy of development units.

   (21)   “Condominium” means a unit available for sale in fee simple contained in a multi-occupancy project subject to covenants and restrictions placing control over the common facilities in an elected board.

   (22)   “Construction plan” means the maps or drawings accompanying a subdivision plat and showing the specific location and design of improvements to be installed in the subdivision in accordance with the requirements of the Planning Commission as a condition of the approval of the plat.

   (23)   “Contiguous” means lots where at least one boundary line of one lot touches a boundary line or lines of another lot.

   (24)   “Cooperative” means an entire project which is under the common ownership of a Board of Directors with units leased and stock sold to individual cooperators.

   (25)   “Cul-de-sac” means a local street with only one outlet that terminates in a vehicular turnaround and having an appropriate terminal for the safe and convenient reversal of traffic movement.

   (26)   “Design criteria” means standards that set forth specific improvement requirements.

   (27)   “Developer” means the owner of land proposed to be subdivided or its representative who is responsible for any undertaking that requires review and/or approval under these regulations.

   (28)   “Development agreement” means agreement between the Village of Highland Hills and the developer through which the Village agrees to vest development use or intensity or refrain from interference with subsequent phases of development through new legislation in exchange for the provision of public facilities or amenities by the developer in excess of those required under current community regulations.

   (29)   “Easement” means authorization by a property owner for another to use the owner's property for a specified purpose.

   (30)   “Escrow” means a deposit of cash with the local government or escrow agent to secure the promise to perform some act.

   (31)   “Exactions” means the requirement of development to dedicate or pay for all or a portion of land or costs of public facilities as a condition of development approval.

   (32)   “Expenditure” means a sum of money paid out in return for some benefit or to fulfil some obligation. The term includes binding contractual commitments whether by development agreement or otherwise to make future expenditures as well as any other substantial change in position.

   (33)   “External buffer” means a naturally vegetated area or vegetated area along the exterior boundaries of an entire development processed in accordance with a multi-phased or phased subdivision application which is landscaped and maintained as open space in order to eliminate or minimize conflicts between such development and adjacent land uses.

   (34)   “Final subdivision plat” means the map of a subdivision to be recorded after approval by the Planning Commission and any accompanying material as described in these regulations.

   (35)   “Flexible zoning” means zoning which permits uses of land and density of buildings and structures different from those which are allowed as of right within the zoning district in which the land is situated. Flexible zoning applications shall include all special permits and special uses, as well as planned unit developments.

   (36)   “Frontage” means that side of a lot abutting on a street or way and ordinarily regarded as the front of the lot; but it shall not be considered as the ordinary side of a corner lot.

   (37)   “Frontage street” means any street to be constructed by the developer or any existing street where development shall take place on both sides.

   (38)   “Grade” means the slope of a road, street, or other public way specified in percentage terms.

   (39)   “Health, safety or general welfare” means the purpose for which municipalities may adopt and enforce land use regulations for the prevention of harm or promotion of public benefit to the community; commonly referred to as police power.

   (40)   “Homeowner's Association”. See “Property Owner's Association”.

   (41)   “Household” means any person or persons who reside in the same housing unit.

   (42)   “Housing unit” means a building, or portion thereof which is designed or used primarily for residence purposes but not including motels, hotels, boarding houses, or tourist dwellings. An attached garage shall be considered part of the housing unit.

   (43)   “Landscaping” means acting with the purpose of meeting specific criteria regarding uses of outside space, including ground cover, buffers, and shade trees.

   (44)   “Local government” means the municipality of the Village of Highland Hills.

   (45)   “Local road” means a road whose sole function is to provide access to abutting properties and to other roads from individual properties and to provide right-of-way beneath it for sewer, water, and storm drainage utilities.

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

   (47)   “Lot, corner” means a lot situated at the intersection of two (2) streets, the interior angle of such intersection not exceeding 135 degrees.

   (48)   “Lot improvement” means any building, structure, place, work of art, or other object situated on a lot.

   (49)   “Major subdivision” means all subdivisions not classified as minor subdivisions, including not only limited to subdivisions of four (4) or more lots, or any size subdivision requiring any new street or extension of the local government facilities or the creation of any public improvements.

   (50)   “Market value” means the fair market value of a designated improvement based on appraisal of a State Certified Real Estate Appraiser.

   (51)   “Comprehensive plan” means a comprehensive plan for development of the local government prepared and adopted by the Planning Commission, pursuant to state law, and including any part of such plan separately adopted and any amendment to such plan, or parts thereof.

   (52)   “Minor subdivision” means any subdivision containing not more than three (3) lots fronting on an existing street, not involving any new street or road, or the extension of municipal facilities or the creation of any public improvements, and not adversely affecting the remainder of the parcel or adjoining property, and not in conflict with any provision or portion of the Comprehensive Plan, Official Map, Zoning Ordinance, or these regulations.

   (53)   “Model home” means a dwelling unit used initially for display purposes which typifies the type of units that will be constructed in the subdivision and which will not be permanently occupied during its use as a model.

   (54)   “Money in lieu of land” means the payment of money into a municipal earmarked fund to provide for acquisition of facilities offsite in place of dedicating land or providing such facility on site.

   (55)   “Neighborhood Park and Recreational Improvement Fund” means a special fund established by the Village to retain monies contributed by developers in accordance with the "money in lieu of land" provisions of these regulations.

   (56)   “New development” means a project involving the construction, reconstruction, redevelopment, conversion, structural alteration, relocation, or enlargement of any structure; or any use or extension of land; any of which has the effect of increasing the requirements for capital improvements, measured by number of service units to be generated by such activity, and which requires either the approval of a plat pursuant to the Village's subdivision regulations, the issuance of a building permit, or connection to the water or sanitary sewer system.

   (57)   “Nonresidential subdivision” means a subdivision whose intended use is other than residential, such as commercial or industrial.

   (58)   “Notice of noncompliance” means a notice issued by the Planning Commission or its representative informing the applicant for approval of a major subdivision that the sketch plan is not in compliance with these regulations and that the applicant may not apply for preliminary plat approval.

   (59)   “Notice to proceed” means a notice issued by the Planning Commission or its representative informing the applicant for approval of a major subdivision that the sketch plat is in compliance with these regulations and that the applicant may proceed to apply for preliminary plat approval.

   (60)   “Offset” means the amount of the reduction of an impact fee designed to fairly reflect the value of area-related facilities or other oversized facilities provided by a developer pursuant to the local government's subdivision or zoning regulations or requirements, rules herein established, or administrative guidelines.

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

   (62)   “Office development project” means any new construction, addition, extension, conversion, or enlargement, or combination thereof, of an existing structure which includes any gross square feet of office space.

   (63)   “Office use” means space within a structure, or portion thereof intended or primarily suitable for occupancy by persons or entities which perform, provide, for their own benefit, or provide to others at that location, services including but not limited to the following: professional, design, banking, insurance, management, consulting, technical, or sales; or the office functions of manufacturing and warehousing businesses, but excluding retail uses; repair; any business characterized by the transfer of tangible goods to customers on the premises; wholesale shipping, receiving and storage, or other space intended and primarily suitable for display of goods.

   (64)   “Official Map” means the map established by the Village pursuant to law showing the streets, highways, parks, drainage systems and setback lines laid out, adopted, and established by law, and any amendments or additions adopted by the Village resulting from the approval of subdivision plats by the Planning Commission and the subsequent filing of approved plats.

   (65)   “Ordinance” means any legislative action, however denominated, of a local government which has the force of law, including any amendment or repeal of any ordinance.

   (66)   “Owned unit” means a designated unit which is a condominium, stock cooperative, or community apartment.

   (67)   “Owner” means the record owners of the fee or a vendee in possession, including any person, group of persons, firm or firms, corporation or corporations, or any other legal entity having legal title to or sufficient proprietary interest in the land sought to be subdivided under the definitions of “same ownership”.

   (68)   “Performance criteria” means regulation of development based on open space ratio, impervious surface ratio, density, and floor area ratio.

   (69)   “Perimeter street” means any existing street to which the parcel of land to be subdivided abuts on only one (1) side.

   (70)   “Person” means any individual or group of individuals, or any corporation, general or limited partnership, joint venture, unincorporated association, or governmental or quasi-governmental entity.

   (71)   “Phased subdivision application” means an application of subdivision approval submitted pursuant to a Comprehensive Plan, or at the option of the subdivider, pursuant to a specific plan in which the applicant proposes to immediately subdivide the property but will develop in one or more individual phase(s) over a period of time. A phased subdivision application may include an application for approval of, or conversion to, horizontal or vertical condominiums, nonresidential development projects, planned unit developments, mixed-use projects, and residential developments.

   (72)   “Planned Unit Development (PUD)” means a development constructed on a tract of minimum size under single ownership, planned and developed as an integral unit and consisting of a combination of residential and/or nonresidential uses on the land.

   (73)   “Planning Commission” means the Village of Highland Hills Planning Commission as established in accordance with law.

   (74)   “Police power” means the inherent, delegated, or authorized legislative power for purposes of regulation to secure health, safety, and general welfare.

   (75)   “Preliminary plat” means the preliminary drawing or drawings, described in these regulations, indicating the proposed manner or layout of the subdivision to be submitted to the Planning Commission for approval.

   (76)   “Primary artery” means a road intended to move through traffic to and from major attractors such as central business districts, regional shopping centers, colleges, industrial areas, and similar traffic generators within the governmental unit; and/or as a route for traffic between communities or large areas and/or which carries high volumes of traffic.

   (77)   “Private street” means a street or road, including a new easement of access, subject to planning in accordance with these regulations and held in private ownership for which the Village shall assume no maintenance responsibility. The construction of a private street shall conform with the rules, standards and specifications for driveway improvements adopted by the Village.

   (78)   “Property Owner’s Association” means an association or organization, whether or not incorporated, which operates under and pursuant to recorded covenants or deed restrictions, through which each owner of a portion of a subdivision is automatically a member as a condition of ownership and each member is subject to a charge or assessment for a pro-rated share of expense of the association which may become a lien against the lot, parcel, unit, condominium, or other interest of the member.

   (79)   “Public facilities project” means any and all public improvements the need for which is directly or indirectly generated by development, including but not limited to water and sewer mains, pipes, conduits and appurtenances; electrical power generation and distribution facilities; sidewalks, crosswalks, parks, and streets; police and fire equipment, stations, and similar facilities required to support the public health, safety and welfare.

   (80)   “Public hearing” means an adjudicatory proceeding held by the Village Council, Planning Commission, or Board of Zoning Appeals preceded by published notice and actual notice to certain persons and at which certain persons, including demonstrating that plat approval should or should not be granted. Witnesses shall be sworn and subject to cross- examination. The rules of civil procedure binding on the courts shall not, however, bind the Planning Commission.

   (81)   “Public improvement” means any drainage ditch, roadway, parkway, sidewalk, pedestrian way, tree, lawn, off-street parking area, lot improvement, or other facility for which the local government may ultimately assume the responsibility for maintenance and operation, or which may effect an improvement for which local government responsibility is established.

   (82)   “Public meeting” means a meeting of the Planning Commission, Council, or Board of Zoning Appeals preceded by notice, open to the public and at which the public may, at the discretion of the body holding the public meeting, be heard.

   (83)   “Registered engineer” means an engineer properly licensed and registered in the State.

   (84)   “Registered land surveyor” means a land surveyor properly licensed and registered in the State.

   (85)   “Rental unit” means a designated unit which is not a condominium, stock cooperative, or community apartment.

   (86)   “Resubdivision” means any change in a map of an approved or recorded subdivision plat that affects any street layout on the map or area reserved thereon for public use or any lot line, or that affects any map or plan legally recorded prior to the adoption of any regulations controlling subdivisions.

   (87)   “Retail use” means space within any structure or portion thereof intended or primarily suitable for occupancy by persons or entities which supply commodities to customers on the premises including, but not limited to, stores, shops, restaurants, bars, eating and drinking businesses, and the space accessory to such retail use.

   (88)   “Right-of-way” means a strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees, or for any other special use. The usage of the term "right- of-way" for land platting purposes shall mean that every right-of-way hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or areas of such lots or parcels. Rights- of-way intended for streets, crosswalks, water mains, sanitary sewers, storm drains, shade trees, or any other use involving maintenance by a public agency shall be dedicated to public use by the maker of the plat on which such right-of-way is established.

   (89)   “Road, dead-end” means a road or a portion of a road with only one (1) vehicular traffic outlet.

   (90)   “Road, right-of-way width” means the distance between property lines measured at right angles to the center line of the street.

   (91)   “Sale or lease” means any immediate or future transfer of ownership, or any possessory interest in land, including contract of sale, lease, devise, intestate succession, or other transfer of an interest in a subdivision or part thereof, whether by metes and bounds or lot and block description.

   (92)   “Screening” means either:

      A.   A strip at least ten (10) feet wide of densely planted shrubs or trees at least four (4) feet high at the time of planting, of a type that will form a year-around dense screen at least six (6) feet high; or

      B.   An opaque wall or barrier or uniformly painted fence at least six (6) feet high.

   (93)   “Secondary arterial” means a road intended to collect and distribute traffic in a manner similar to primary arterial, except that these roads service minor traffic-generating areas such as community commercial areas, primary and secondary education facilities, roads service minor traffic-generating areas such as community commercial areas, primary and secondary education facilities, hospitals, major recreational areas, churches, and offices and are designed to carry traffic from collector streets to the system of primary arterial.

   (94)   “Security” means the letter of credit or cash escrow provided by the applicant to secure its promises in the subdivision improvement agreement.

   (95)   “Setback” means the distance between a building and the street line nearest to the building.

   (96)   “Shade tree” means a tree in a public place, street, special easement, or right-of-way adjoining a street as provided in these regulations.

   (97)   “Sketch plan” means a sketch preparatory to the preliminary plat (or final plat in the case of minor subdivisions) to enable the subdivider to save time and expense in reaching general agreement with the Planning Commission as to the form of the plat and the objectives of these regulations.

   (98)   “Sponsor” means an applicant seeking approval for construction of a project subject to these regulations, such applicant's successors and assigns, and/or any entity which controls or is under common control with such applicant.

   (99)   “Structure” means anything constructed or erected.

   (100)   “Subdivide” means the act or process of creating a subdivision.

   (101)   “Subdivider” means any person who:

   (102)   “Subdivision” means any land, vacant or improved, which is divided or proposed to be divided into two (2) or more lots, parcels, sites, units, plots, condominiums, tracts, or interests for the purpose of offer, sale, lease, or development whether immediate or future. “Subdivision” includes the division or development of residentially and nonresidentially zoned land, whether by deed, metes and bounds description, devise, intestacy, lease, map, plat, or other recorded instrument. Subdivision includes resubdivision and condominium creation or conversion.

   (103)   “Subdivision improvement agreement” means a contract entered into by the applicant and the Planning Commission on behalf of the Municipality by which the applicant promises to complete the required public improvements within the subdivision within a specified time period following final subdivision plat approval.

   (104)   “Subdivision plat” means the final map or drawing, described in these regulations, on which the subdivider's plan of subdivision is presented to the Planning Commission for approval and which, if approved, may be submitted to the County Clerk or Recorder for filing.

   (105)   “Temporary improvement” means improvements built and maintained by a subdivider during construction of the subdivision and prior to release of the performance bond.

   (106)   “Tract” means a lot. The term “tract” is used interchangeably with the term “lot”, particularly in the context of subdivision, where a “tract” is subdivided into several lots, parcels, sites, units, plots, condominiums, tracts, or interests.

   (107)   “Transfer of development rights” means the conveyance of development rights by deed, easement, or other legal instrument, authorized by ordinance or regulation, to another parcel of land and the recording of that conveyance.

   (108)   “Vested rights” means the right to initiate or continue the establishment of a use which will be contrary to a restriction or regulation coming into effect when the project associated with the use is completed.

   (109)   “Zoning Administrator” means an officer or agent of the Village vested with the responsibility of administering and enforcing these regulations.

         A.   Sketch plat.

         B.   Final subdivision plat.

         A.   Sketch plat.

         B.   Preliminary plat.

         C.   Final subdivision plat.

      (1)   Be made on forms available in the offices of the Building Department or from the Planner or Zoning Administrator;

      (2)   Include all contiguous holdings of the owner, including land in “common ownership” as defined in these regulations, with an indication of the portion which is proposed to be subdivided, accompanied by evidence of ownership, which shall include copies of deeds, titles, or affidavit of ownership. Affidavit of ownership shall include the dates land holdings were acquired, book and page number where each conveyance to the present owner was recorded and the date the contract of sale was executed;

      (3)   Be accompanied by at least ten (10) copies of the sketch plat as described in these regulations and complying in all respects with these regulations;

      (4)   Be presented to the Planner or Zoning Administrator with accompanied fees as established by ordinance, including a deposit for professional service fees;

      (5)   Contain an address and phone number of an agent who shall be authorized to receive all notices required by these regulations;

      (6)   Contain a waiver which authorizes Planner and appropriate Commissioners access to the property for the purpose of assessing compliance with these regulations.

         A.   Notice to Proceed. If the sketch plat constitutes a major subdivision, the Planner or Zoning Administrator shall issue a Notice to Proceed only if the sketch plat complies with all applicable laws governing the subdivision of land. The Notice to Proceed shall include, as appropriate, recommended changes in the sketch plat to be incorporated into the preliminary plat to assist the applicant in obtaining preliminary plat approval from the Planning Commission. If the Planner or Zoning Administrator determines that the sketch plat does not comply with all applicable laws governing the subdivision of land and the applicant refuses to modify the sketch plat, the Planner or Zoning Administrator shall issue a Notice of Noncompliance. The Planner or Zoning Administrator shall issue either a Notice to Proceed or the Notice of Noncompliance not later than twenty (20) days after the date on which the sketch plat was submitted. After receipt of a Notice to Proceed, the applicant must first file an application for approval of a preliminary plat, as provided in these regulations, before filing for final subdivision plat approval.

         B.   Referral of Sketch Plat. If the Planner or Zoning Administrator issues a Notice to Proceed, he shall transmit the sketch plat for review to appropriate officials or agencies of the Village, adjoining municipalities, school and special districts, and other official bodies as he deems necessary or as mandated by law, including any review required by metropolitan, regional or state bodies under applicable state or federal law. The Planner or Zoning Administrator shall request that all officials and agencies to whom a request for review has been made, submit their report to the Planner or Zoning Administrator within thirty (30) days after the request. The Planner or Zoning Administrator shall consider all reports submitted and shall submit a report to the Planning Commission upon the applicant's submission of a preliminary plat.

      (1)   Be made on forms available at the Building Department or office of the Planner or Zoning Administrator together with a fee as stipulated by Council.

      (2)   Include all land which the applicant proposes to subdivide and all land immediately adjacent extending one hundred (100) feet from the subject property, or of that directly opposite the subject property, extending one hundred (100) feet from the street frontage of opposite land, with the names of owners as shown in the Assessor's files. This information may be shown on a separate current Tax Map reproduction from the Assessor's Office showing the subdivision superimposed on the Tax Map.

      (3)   Be accompanied by a minimum of ten (10) copies of the preliminary plat as described in these regulations.

      (4)   Be accompanied by a minimum of six (6) copies of construction plans as described in these regulations.

      (5)   Comply in all respects with the sketch plat.

      (6)   Be presented to the Building Department at least two (2) weeks prior to a regular meeting of the Commission.

      (1)   Definite provision has been made for a water supply system that is sufficient in terms of quantity, dependability, and quality to provide an appropriate supply of water for the type of subdivision proposed;

      (2)   If a public sewage system is proposed, adequate provision has been made for such a system and, if other methods of sewage disposal are proposed, that such systems will comply with federal, state, and local laws and regulations;

      (3)   All areas of the proposed subdivision which may involve soil or topographical conditions presenting hazards or requiring special precautions have been identified by the subdivider and that the proposed uses of these areas are compatible with such conditions;

      (4)   The subdivider has the financial ability to complete the proposed subdivision in accordance with all applicable federal, state, and local laws and regulations;

      (5)   An erosion and sediment control plan has been approved by the Village Engineer;

      (6)   The subdivider has taken every effort to mitigate the impact of the proposed subdivision on public health, safety, and welfare.

      (1)   Be made on forms available at the Office of the Building Department of the Village, together with a fee as set by ordinance.

      (2)   Include the entire subdivision, or section thereof, which derives access from an existing state, county, or local highway.

      (3)   Be accompanied by a minimum of twelve (12) copies of the subdivision plat and the construction plans, as described in these regulations.

      (4)   Comply in all respects with the sketch plat or preliminary plat, as approved, whichever is applicable.

      (5)   Be presented to the Building Department at least two (2) weeks prior to a regular meeting of the Planning Commission.

      (7)   Be accompanied by the subdivision improvement agreement and security, if required, in a form satisfactory to the Law Director of the Village of Highland Hills and in the amount established by the Planning Commission upon recommendation of the Village Engineer and shall include a provision that the subdivider shall comply with all the terms of the resolution of final subdivision plat approval as determined by the Planning Commission and shall include, but not be limited to, the performance of all required subdivision and offsite improvements, and that all improvements and land included in the irrevocable offer of dedication shall be dedicated to the local government free and clear of all liens and encumbrances of the premises.

       (8)   Be accompanied by an inspection fee in an amount to be determined based on the provisions of these regulations and by written assurance from the public utility companies and improvement districts that necessary utilities will be installed. The applicant shall also pay a one hundred dollar ($100.00) fee for each street sign shown in the construction plans, which street signs shall be installed by the Village.

      (1)   The Development Agreement shall constitute a binding contract between the subdivider of the proposed subdivision and the Municipality (the “parties”) and shall contain those terms and conditions agreed to by the parties and those required by this subsection (d) hereof. The Village Law Director or his designee is authorized to negotiate Development Agreements on behalf of the Municipality.

      (1)   When a subdivision improvement agreement and security are required, the Chairman of the Planning Commission, Mayor, Council and the Village Engineer endorse approval on the final plat after the agreement and security have been approved by Planning Commission, and all the conditions of the resolution pertaining to the final plat have been satisfied.

      (2)   When installation of improvements is required prior to recordation of the final plat, the Chairman of the Planning Commission, Mayor, President of Council and the Village Engineer shall endorse approval on the final plat after all conditions of the resolution have been satisfied and all improvements satisfactorily completed.

      (1)   The Chairman of the Planning Commission, Mayor, President of Council and Village Engineer will sign the tracing cloth or reproducible mylar original of the final subdivision plat and two (2) sepia prints of the final subdivision plat. The sepia prints will be returned to the applicant's engineer.

      (2)   It shall be the responsibility of the owner to file the final plat with the County Clerk and Recorder's Office within ten (10) days of the date of signature. Simultaneously with the filing of the final plat, the Planner or Zoning Administrator shall record the agreement of dedication together with such legal documents as shall be required to be recorded by the Village Law Director.

         The applicant shall covenant to maintain each required public improvement for a period of one (1) year following the acceptance by the governing body of the dedication of that completed public improvement and also shall warrant that all required public improvements will be free from defect for a period of three (3) years following the acceptance by the Village Council of the dedication of the last completed public improvement. The subdivision improvement agreement shall contain such other terms and conditions agreed to by the applicant and the Planning Commission.

         A.   Letter of credit. If the applicant posts a letter of credit as security for its promises contained in the subdivision improvement agreement, the credit shall:

            1.   Be irrevocable;

            2.   Be for a term sufficient to cover the completion, maintenance, and warranty periods in subsection (b) hereof; and

            3.   Require only that the Village present the credit with a sight draft and an affidavit signed by the Law Director attesting to the Municipality's right to draw funds under the credit.

         B.   Cash escrow. If the applicant posts a cash escrow as security for its promises contained in the subdivision improvement agreement, the escrow instructions shall provide:

            1.   That the subdivider will have no right to a return of any of the funds except as provided in Section 1157.03 (b); and

            2.   That the escrow agent shall have a legal duty to deliver the funds to the Municipality whenever the Village Law Director presents an affidavit to the agent attesting to the Municipality's right to receive funds whether or not the subdivider protests that right.

      (1)    Declare the agreement to be in default and require that all improvements be installed regardless of the extent of the building development at the time the agreement is declared to be in default;

      (2)    Suspend final subdivision plat approval until the improvements are completed and record a document to that effect for the purpose of public notice;

      (3)    Obtain funds under the security and complete improvements itself or through a third party;

      (4)    Assign its right to receive funds under the security to any third party, including a subsequent owner of the subdivision for which improvements were not constructed, in whole or in part, in exchange for that subsequent owner's promise to complete improvements in the subdivision;

      (1)   All applicable statutory provisions.

      (2)   The Village Zoning Ordinance, Building and Housing Codes, and all other applicable laws of appropriate jurisdictions.

      (3)   The Official Comprehensive Plan, Official Map, Public Utilities Plan, and Capital Improvements Program of the Village, including all streets, drainage systems, and parks shown on the Official Map or Comprehensive Plan as adopted.

      (4)   The special requirements of these regulations and any rules of the Health Department and /or appropriate state or substate agencies.

      (5)   The rules of the State Highway Department if the subdivision or any lot contained therein abuts a state highway or connecting street.

      (6)   The standards and regulations adopted by the Village Engineer and all boards, commissions, agencies, and officials of the Village.

      (7)   Plat approval may be withheld if a subdivision is not in conformity with the above laws, regulations, guidelines, and policies as well as the purposes established in Section 1151.05 of these regulations.

      (1)   The Planning Commission must prepare an analysis of current growth and the amount of additional growth that can be accommodated by future public facilities and services. The Planning Commission must also recommend any changes in preliminary plat approval criteria it finds appropriate in the light of its experience in administering these regulations.

      (2)   The applicant for a preliminary plat must, at the request of the Planning Commission, submit sufficient information and data on the proposed subdivision to demonstrate the expected impact on and use of public facilities and services by possible uses of said subdivision.

      (1)   Monuments shall be located on street right-of-way lines, at street intersections, angle points of curve and block corners. They shall be spaced so as to be within sight of each other, the sight lines being contained wholly within the street limits.

      (2)   The external boundaries of a subdivision shall be monumented in the field by monuments of stone or concrete, not less than thirty (30) inches in length, not less than four (4) inches square or five (5) inches in diameter, and marked on top with a cross, brass plug, iron rod, or other durable material securely embedded; or by iron rods or pipes at least thirty (30) inches long and one (1) inch in diameter. These monuments shall be placed not more than 1,400 feet apart in any straight line and at all corners, at each end of all curves, at the point where a curve changes its radius, at all angle points in any line, and at all angle points along the meander line, those points to be not less than twenty (20) feet back from the bank of any river or stream, except that when such corners or points fall with a street, or proposed future street, the monuments shall be placed in the side line of the street.

      (3)   All internal boundaries and those corners and points not referred to in the preceding paragraph shall be monumented in the field by like monuments as described above. These monuments shall be placed at all block corners, at each end of all curves, at a point where a river changes its radius, and at all angle points in any line.

      (4)   The lines of lots that extend to rivers or streams shall be monumented in the field by iron pipes at least thirty (30) inches long and three- fourths (3/4) inch in diameter or by round or square iron bars at least thirty (30) inches long. These monuments shall be placed at the point of intersection of the river or stream lot line, with a meander line established not less than twenty (20) feet back from the bank of the river or stream.

      (5)   All monuments required by these regulations shall be set flush with the ground and planted in such a manner that they will not be removed by frost.

      (6)   All monuments shall be properly set in the ground and approved by a Registered Land Surveyor prior to the time the Planning Commission recommends approval of the final plat.

         A.   An existing state, county, or township highway; or

         B.   A street shown upon a plat approved by the Planning Commission and recorded in the County Recorder of Deeds' office. Such street or highway must be suitably improved as required by the highway rules, regulations, specifications, or orders, or be secured by a performance bond required under these subdivision regulations, with the width and right-of-way required by these subdivision regulations or the Comprehensive Plan. Wherever the area to be subdivided is to utilize existing road frontage, the road shall be suitably improved as provided above.

         A.   Roads shall be related appropriately to the topography. Local roads shall be curved wherever possible to avoid conformity of lot appearance. All streets shall be arranged so as to obtain as many building sites as possible at, or above, the grades of the streets. Grades of streets shall conform as closely as possible to the original topography. A combination of steep grades and curves shall be avoided.

         B.   All streets shall be properly integrated with the existing and proposed system of thoroughfares and dedicated rights-of-way as established on the Official Map and/or Comprehensive Plan.

         C.   All thoroughfares shall be properly related to special traffic generators such as industries, business districts, schools, churches, and shopping centers; to population densities; and to the pattern of existing and proposed land uses.

         D.   Minor or local streets shall be laid out to conform as much as possible to the topography to discourage use by through traffic, to permit efficient drainage and utility systems, and to require the minimum number of streets necessary to provide convenient and safe access to property.

         E.   The rigid rectangular gridiron street pattern need not necessarily be adhered to, and the use of curvilinear streets, cul-de-sacs, or U-shaped streets shall be encouraged where such use will result in a more desirable layout.

         F.   Proposed streets shall be extended to the boundary lines of the tract to be subdivided, unless prevented by topography or other physical conditions, or unless in the opinion of the Planning Commission such extension is not necessary or desirable for the coordination of the layout of the subdivision with the existing layout or the most advantageous future development of adjacent tracks.

         G.   In business and industrial developments, the streets and other access-ways shall be planned in connection with the grouping of buildings, location of rail facilities, and the provision of alleys, truck loading and maneuvering areas, and walks and parking areas so as to minimize conflict of movement between the various types of traffic, including pedestrian.

         A.   Blocks shall have sufficient width to provide for two (2) tiers of lots of appropriate depths. Exceptions to this prescribed block width shall be permitted in blocks adjacent to major streets, railroads, or waterways.

         B.   The lengths, widths, and shapes of blocks shall be such as are appropriate for the locality and the type of development contemplated, but block lengths in residential areas shall not exceed one thousand five hundred (1,500) feet or twelve (12) times the minimum lot width required in the zoning district, nor be less than four hundred (400) feet in length. Wherever practicable, blocks along major arterial and collector streets shall be not less than one thousand (1,000) feet in length.

         C.   In long blocks the Planning Commission may require the reservation of an easement through the block to accommodate utilities, drainage facilities, or pedestrian traffic.

         D.   Pedestrian ways or crosswalks, not less than ten (10) feet wide and paved with an appropriate surface material no less than five (5) feet wide, may be required by the Planning Commission through the center of blocks more than eight hundred (800) feet long where deemed essential to provide circulation or access to schools, playgrounds, shopping centers, transportation, or other community facilities. Blocks designed for industrial uses shall be of such length and width as may be determined suitable by the Planning Commission for prospective use.

         A.   The subdivision of lots so as to back onto the primary arterial and front onto a parallel local street; no access shall be provided from the primary arterial, and screening shall be provided in a strip of land along the rear property line of such lots.

         B.   A series of cul-de-sacs, U-shaped streets, or short loops entered from and designed generally at right angles to such a parallel street, with the rear lines of their terminal lots backing onto the primary arterial.

         C.   A marginal access or service road (separated from the primary arterial by a planting or grass strip and having access at suitable points.).

         A.   Construction of roads. The arrangement of streets shall provide for the continuation of principal streets between adjacent properties when the continuation is necessary for convenient movement of traffic, effective fire protection, for efficient provision of utilities, and where the continuation is in accordance with the Comprehensive Plan. If the adjacent property is undeveloped and the street must temporarily be a dead-end street, the right-of-way shall be extended to the property line. A temporary T- or L-shaped turnabout shall be provided on all temporary dead-end streets, with the notation on the subdivision plat that land outside the normal street right-of-way shall revert to abuttors whenever the street is continued. The Planning Commission may limit the length of temporary dead-end streets in accordance with the design standards of these regulations.

         B.   Dead-end roads (permanent). Where a road does not extend beyond the boundary of the subdivision and its continuation is not required by the Planning Commission for access to adjoining property, its terminus shall normally not be nearer to such boundary than fifty (50) feet. However, the Planning Commission may require the reservation of an appropriate easement to accommodate drainage facilities, pedestrian traffic, or utilities. A cul-de-sac turn-around shall be provided at the end of a permanent dead-end street in accordance with Village construction standards and specifications. For greater convenience to traffic and more effective police and fire protection, permanent dead-end streets shall, in general, be limited in length in accordance with the design standards of these regulations.

         A.   In residential districts a buffer strip at least twenty-five (25) feet in depth in addition to the normal depth of the lot required in the district shall be provided adjacent to the railroad right-of-way or limited access highway. This strip shall be part of the platted lots and shall be designated on the plat: “This strip is reserved for screening. The placement of structure on this land is prohibited.”

         B.   In districts zoned for business, commercial, or industrial uses the nearest street extending parallel or approximately parallel to the railroad right-of-way shall, wherever practicable, be at a sufficient distance from the railroad right-of-way to ensure suitable depth for commercial or industrial sites.

         A.   Streets shall be laid out so as to intersect as nearly as possible at right angles. A proposed intersection of two (2) new streets at an angle of less than seventy-five (75) degrees shall not be acceptable. An oblique street should be curved approaching an intersection and should be approximately at right angles for at least one hundred (100) feet therefrom. Not more than two (2) streets shall intersect at any one point unless specifically approved by the Planning Commission.

         B.    Proposed new intersections along one side of an existing street shall, wherever practicable, coincide with any existing intersections on the opposite side of such street. Street jogs with center-line offsets of less than 150 feet shall not be permitted, except where the intersected street has separated dual drives without median breaks at either intersection. Where streets intersect major streets, their alignment shall be continuous. Intersection of major streets shall be at least eight hundred (800) feet apart.

         C.   Minimum curb radius at the intersection of two (2) local streets shall be at least thirty-five (35) feet; and minimum curb radius at an intersection involving a collector street shall be at least thirty- five (35) feet; and, minimum curb radius at an intersection involving an arterial street shall be at least fifty (50) feet. Alley intersections and abrupt changes in alignment within a block shall have the corners cut off in accordance with standard engineering practice to permit safe vehicular movement.

         D.   Intersections shall be designed with a flat grade wherever practical. In hilly or rolling areas, at the approach to an intersection, a leveling area shall be provided having not greater than a two percent (2%) rate at a distance of sixty (60) feet, measured from the nearest right-of-way line of the intersecting street.

         E.   Where any street intersection will involve earth banks or existing vegetation inside any lot corner that would create a traffic hazard by limiting visibility, the developer shall cut such ground and/or vegetation (including trees) in connection with the grading of the public right-of-way to the extent deemed necessary to provide an adequate sight distance.

         F.   The cross-slopes on all streets, including intersections, shall be three percent (3%) or less.

         A.   Where a public storm sewer is accessible, the applicant shall install storm sewer facilities, or if no outlets are within a reasonable distance, adequate provision shall be made for the disposal of storm waters, subject to the specifications of the Village Engineer. However, in subdivisions containing lots less than 15,000 square feet in area and in business and industrial districts, underground storm sewer systems shall be constructed throughout the subdivisions and be conducted to an approved out-fall. Inspection of facilities shall be conducted by the Village Engineer.

         B.   If a connection to a public storm sewer will be provided eventually, as determined by the Village Engineer and the Planning Commission, the developer shall make arrangements for future storm water disposal by a public utility system at the time the plat receives final approval. Provision for such connection shall be incorporated by inclusion in the subdivision improvement agreement required for the subdivision plat.

         (Ord. 1998-13. Passed 6-10-98.)

         A.   Where topography or other conditions are such as to make impractical the inclusion of drainage facilities within road right- of-way, perpetual, unobstructed easements at least twenty (20) feet in width for storm sewers and fifteen (15) feet for drainage swales shall be provided across property outside the road lines and with satisfactory access to the road. Easements shall be indicated on the plat. Drainage easements shall extend from the road to a natural watercourse or to other drainage facilities.

         B.   When a proposed drainage system will carry water across private land outside the subdivision, appropriate drainage rights must be secured and indicated on the plat.

         C.   The applicant shall dedicate, either in fee or by a drainage or conservation easement, land on both sides of existing watercourses to a distance to be determined by the Planning Commission.

         D.   Low-lying lands along watercourses subject to flooding or overflowing during storm periods, whether or not included in areas for dedication, shall be preserved and retained in the natural state as drainage ways. Such land or lands subject to periodic flooding shall not be computed in determining the number of lots to be utilized for average density procedures nor for computing the area requirement of any lot. (Ord. 1998-13. Passed 6-10-98.)

      (1)   When a public water main is not accessible, the developer shall take necessary action to extend or create a water-supply district for the purpose of providing a water-supply system capable of providing for domestic water use and fire protection.

      (2)   When a public water main is accessible, the developer shall install adequate water facilities subject to the specifications as set forth in subsection (c) hereof.

      (3)   Water main extensions shall be approved by the officially designated agency of the state or local government.

      (4)   The location of all fire hydrants, all water supply improvements, and the boundary lines of proposed districts, indicating all improvements proposed to be served, shall be shown on the preliminary plat, and the cost of installing same shall be borne by the developer and included in the subdivision improvement agreement and security to be furnished by the developer.

      (1)   In zoning districts with a density of one unit per acre or less and when a public water system is not available in the discretion of the Planning Commission, individual wells may be used or a central water system provided in a manner so that an adequate supply of potable water will be available to every lot in the subdivision. Water samples shall be submitted to the Health Department for its approval, and individual wells and central water systems shall be approved by the appropriate health authorities. Approvals shall be submitted to the Planning Commission prior to final subdivision plat approval.

      (2)   If the Planning Commission requires that a connection to a public water main be eventually provided as a condition to approval of an individual well or central water system, the applicant shall make arrangements prior to receiving final plat approval for future water service. Performance or cash bonds may be required to ensure compliance.

      (1)   When a public sanitary sewerage system is reasonably accessible, the applicant shall connect with same and provide sewers accessible to each lot in the subdivision.

      (2)   When public sanitary sewerage systems are not reasonably accessible but will become available within a reasonable time (not to exceed fifteen [15] years), the applicant may choose one of the following alternatives:

         A.   Central sewerage system with the maintenance cost to be assessed against each property benefitted. Where plans for future public sanitary sewerage systems exist, the applicant shall install the sewer lines, laterals, and mains to be in permanent conformance with such plans and ready for connection to such public sewer mains; or

         B.   Individual disposal systems, provided the applicant shall install sanitary sewer lines, laterals, and mains from the street curb to a point in the subdivision boundary where a future connection with the public sewer main shall be made. Sewer lines shall be laid from the house to the street line, and a connection shall be available in the home to connect from the individual disposal system to the sewer system when the public sewers become available. Such sewer systems shall be capped until ready for use and shall conform to all plans for installation of the public sewer system, where such exist, and shall be ready for connection to such public sewer main.

      (1)   Sidewalks shall be included within the dedicated right-of-way of all roads.

      (2)   Concrete curbs are required for all roads when sidewalks are required by these regulations or when required at the discretion of the Planning Commission.

      (3)   Sidewalks shall be improved as required in Section 1159.05(b)(2) of these regulations. A median strip of grassed or landscaped areas at least two (2) feet wide shall separate all sidewalks from adjacent curbs.

      (1)   Easements centered on rear lot lines shall be provided for utilities (private and municipal) and such easements shall be at least ten (10) feet wide. Proper coordination shall be established between the subdivider and the applicable utility companies for the establishment of utility easements established in adjoining properties.

      (2)   When topographical or other conditions are such as to make impractical the inclusion of utilities within the rear lot lines, perpetual unobstructed easements at least ten (10) feet in width shall be provided along side lot lines with satisfactory access to the road or rear lot lines. Easements shall be indicated on the plat.

         A.   Table of recreation requirements.

         B.   Multifamily and high-density residential. The Planning Commission shall determine the acreage for reservation based on the number of dwelling units per acre to occupy the site as permitted by the Zoning Ordinance.

      (1)   As a requirement of subdivision approval the applicant shall plant shade trees on the property of the subdivision. Such trees are to be planted within five (5) feet of the right-of-way of the road or roads within and abutting the subdivision, or, at the discretion of the Planning Commission, within the right-of-way of such roads. One (1) tree shall be planted for every forty (40) feet of frontage along each road unless the Planning Commission, upon recommendation of the Village Engineer, shall grant a waiver. The waiver shall be granted only if there are trees growing along the right-of-way or on the abutting property which, in the opinion of the Planning Commission, comply with these regulations.

      (2)   New trees to be provided pursuant to these regulations shall be approved by the Village Engineer and shall be planted in accordance with the recommendations of the Village Engineer. The trees shall have a minimum trunk diameter (measured twelve [12] inches above ground level) of not less than two (2) inches. Only Oak, Honey Locust, Hard Maples, Ginkgo, or other long-lived shade trees, acceptable to the Village Engineer and to the Planning Commission as recommended by the Ohio State Department of Forestry, shall be planted.

      (1)   Proposed industrial parcels shall be suitable in area and dimensions to the types of industrial development anticipated.

      (2)   Street rights-of-way and pavement shall be adequate to accommodate the type volume of traffic anticipated to be generated thereupon.

      (3)   Special requirements may be imposed by the Village with respect to street, curb, gutter, and sidewalk design and construction.

      (4)   Special requirements may be imposed by the Village with respect to the installation of public utilities, including water, sewer, and storm water drainage.

      (5)   Every effort shall be made to protect adjacent residential areas from potential nuisance from a proposed commercial or industrial subdivision, including the provision of extra depth in parcels backing up on existing or potential residential development and provisions for a permanently landscaped buffer strip when necessary.

      (1)   Any change in any street layout or any other public improvement;

      (2)   Any change in any lot line;

      (3)   Any change in the amount of land reserved for public use or the common use of lot owners;

      (4)   Any change in any easements shown on the approved plat.

         A.   No lots within the approved subdivision have been sold within five (5) years from the date that the plat was signed by the Chairman of the Planning Commission;

         B.   The developer has breached a subdivision improvement agreement and the Municipality is unable to obtain funds with which to complete construction of public improvements, except that the vacation shall apply only to lots owned by the developer or its successor;

         C.   The plat has been of record for more than five (5) years and the Planning Commission determines that the further sale of lots within the subdivision presents a threat to public health, safety and welfare, except that the vacation shall apply only to lots owned by the developer not its successor.

      (1)   Name of subdivision if property is within an existing subdivision.

      (2)   Proposed name if not within a previously platted subdivision. The proposed name shall not duplicate the name of any plat previously recorded.

      (3)   Name of property if no subdivision name has been chosen. (This is commonly the name by which the property is locally known.)

      (1)   Name and address, including telephone number, of legal owner or agent of property, and citation of last instrument conveying title to each parcel of property involved in the proposed subdivision, giving grantor, grantee, date, and land records reference.

      (2)   Citation of any existing legal rights-of-way or easements affecting the property.

      (3)   Existing covenants on the property, if any.

      (4)   Name and address, including telephone number, of the professional person(s) responsible for subdivision design, for the design of public improvements, and for surveys.

      (1)   Location of property lines, existing easements, burial grounds, railroad rights-of-way, watercourses, and existing wooded areas or trees eight (8) inches or more in diameter, measured four (4) feet above ground level; location, width, and names of all existing or platted streets or other public ways within or immediately adjacent to the tract; names of adjoining property owners from the latest assessment rolls within five hundred (500) feet of any perimeter boundary of the subdivision.

      (2)   Location, sizes, elevations, and slopes of existing sewers, water mains, culverts, and other underground structures within the tract and immediately adjacent thereto; existing permanent building and utility poles on or immediately adjacent to the site and utility rights-of-way.

      (3)   Approximate topography, at the same scale as the sketch plat.

      (4)   The approximate location and widths of proposed streets.

      (5)   Preliminary proposals for connection with existing water supply and sanitary sewage systems or alternative means of providing water supply and sanitary waste treatment and disposal; preliminary provisions for collecting and discharging surface water drainage.

      (6)   The approximate location, dimensions, and areas of all proposed or existing lots.

      (7)   The approximate location, dimensions, and area of all parcels of land proposed to be set aside for park or playground use or other public use, or for the use of property owners in the proposed subdivision.

      (8)   The location of temporary stakes to enable the Planning Commission to find and appraise features of the sketch plat in the field.

      (9)   Whenever the sketch plat covers only a part of an applicant's contiguous holdings, the applicant shall submit, at the scale of no more than two hundred (200) feet to the inch, a sketch in pen or pencil of the proposed subdivision area, together with its proposed street system, and an indication of the probable future street system, and an indication of the probable future street and drainage system of the remaining portion of the tract.

      (10)   A vicinity map showing streets and other general development of the surrounding area. The sketch plat shall show all school and improvement district lines with the zones properly designated.

      (1)   The location of property with respect to surrounding property and streets, the names of all adjoining property owners of record, or the names of adjoining developments; the names of adjoining streets.

      (2)   The location and dimensions of all boundary lines of the property to be expressed in feet and decimals of a foot.

      (3)   The location of existing streets, easements, water bodies, streams, and other pertinent features such as railroads, buildings, parks, cemeteries, drainage ditches, and bridges, as determined by the Planning Commission.

      (4)   The location and width of all existing and proposed streets and easements, alleys, and other public ways, and easement and proposed street rights-of-way and building setback lines.

      (5)   The locations, dimensions, and areas of all proposed or existing lots.

      (6)   The location and dimensions of all property proposed to be set aside for park or playground use, or other public or private reservation, with designation of the purpose of those set aside, and conditions, if any, of the dedication or reservation.

      (7)   The name and address of the owner or owners of land to be subdivided, the name and address of the subdivider if other than the owner, and the name of the land surveyor.

      (8)   The date of the map, approximate true north point, scale, and title of the subdivision.

      (9)   Sufficient data acceptable to the Village Engineer to determine readily the location, bearing, and length of all lines, and to reproduce such lines upon the ground; the location of all proposed monuments.

      (10)   Names of the subdivision and all new streets as approved by the Planning Commission.

      (11)   Indication of the use of any lot (single-family, two-family, multifamily, townhouse) and all uses other than residential proposed by the subdivider.

      (12)   Blocks shall be consecutively numbered or lettered in alphabetical order. The blocks in numbered additions to subdivisions bearing the same name shall be numbered or lettered consecutively throughout the several additions.

      (13)   All lots in each block shall be consecutively numbered. Outlots shall be lettered in alphabetical order. If blocks are numbered or lettered, outlots shall be lettered in alphabetical order within each block.

      (14)   All information required on sketch plat should also be shown on the preliminary plat, and the following notations shall also be shown:

         A.   Explanation of drainage easements, if any.

         B.   Explanation of site easements, if any.

         C.   Explanation of reservations, if any.

         D.   Endorsement of owner, as follows:

      (15)   Form for endorsements by Commission Chairman as follows: Approved by Resolution of the Planning Commission.

      (1)   Profiles showing existing and proposed elevations along center lines of all roads. Where a proposed road intersects an existing road or roads, the elevation along the center line of the existing road or roads, within one hundred (100) feet of the intersection, shall be shown. Approximate radii of all curves, lengths of tangents, and central angles on all streets shall be shown.

      (2)   The Planning Commission may require, where steep slopes exist, that cross-sections of all proposed streets at one-hundred foot (100-foot) stations be shown at five (5) points as follows: on a line at right angles to the center line of the street, and said elevation points shall be at the center line of the street, each property line, and points twenty-five (25) feet inside each property line.

      (3)   Plans and profiles showing the locations and typical cross section of street pavements including curbs and gutters, sidewalks, drainage easements, servitudes, rights-of-way, manholes, and catch basins; the locations of street trees, street lighting standards, and street signs; the location, size, and invert elevations of existing and proposed sanitary sewers, storm water drains, and fire hydrants, showing connection to any existing or proposed utility systems; and exact location and size of all water, gas, or other underground utilities or structures.

      (4)   Location, size, elevation, and other appropriate descriptions of any existing facilities or utilities, including, but not limited to, existing streets, sewers, drains, water mains, easements, water bodies, streams, and other pertinent features such as wetlands, railroads, buildings, features noted on the Official Map or Comprehensive Plan, at the point of connection to proposed facilities and utilities within the subdivision, and each tree with a diameter of eight (8) inches or more, measured four (4) feet above ground level. The water elevations of adjoining lakes or streams at the date of the survey, and the approximate high- and low- water elevations of such lakes or streams. All elevations shall be referred to the U.S.G.S. datum plane. If the subdivision borders a lake, river, or stream, the distances and bearings of a meander line established not less than twenty (20) feet back from the ordinary high-water mark of such waterways.

      (5)   Topography at the same scale as the sketch plat with a contour interval of two (2) feet, referred to sea-level datum. The datum provided shall be latest applicable U.S. Coast and Geodetic Survey datum and should be so noted on the plat.

      (6)   All specifications and references required by the Village's construction standards and specifications, including a site-grading and erosion control plan for the entire subdivision.

      (7)   Notation of approval as follows:

      (8)   Title, name, address, and signature of professional engineer and surveyor, and revision dates.

      (1)   Notation of any self-imposed restrictions, and locations of any building lines proposed to be established in this manner, if required by the Planning Commission in accordance with those regulations.

      (2)   Endorsement of the Cuyahoga County Sanitary Engineer and Cleveland Water Department.

      (3)   Endorsement on the plat by every person having a security interest in the subdivision property that they are subordinating their liens to all covenants, servitude, and easements imposed on the property.

      (4)   Lots numbered as approved by the Village Engineer.

      (5)   All monuments erected, corners, and other points established in the field in their proper places. The material of which the monuments, corners, or other points are made shall be noted at the representation thereof or by legend, except that lot corners need not be shown. The legend for metal monuments shall indicate the kind of metal, the diameter, length, and weight per lineal foot of the monuments.