Hudson City Zoning Code
CHAPTER 1208
Subdivision Design and Improvements/Dedication Standards
1208.01 GENERAL.
(a) Purpose. The purpose of this chapter is to secure and provide for the following goals and policies:
(1) To provide reasonable design standards intended to foster innovative and efficient subdivision and land development and orderly community growth;
(2) To coordinate the provision of public improvements with private development interests;
(3) To encourage subdivision and land development practices that are compatible with nearby development patterns;
(4) To encourage high quality subdivision and land development practice and design so as to minimize disruptions to natural and cultural features, adverse environmental impacts, and risks associated with natural and manmade hazards; and
(5) To reflect and implement relevant City planning documents and policies, including but not limited to the Comprehensive Plan and the City's capital improvement plans and budget.
(b) Applicability.
(1) General rule–compliance required. This chapter shall apply to all subdivisions of land located within the corporate limits of the City, as "subdivision" is defined in Chapter 1213
. No person shall subdivide by deed, plat, instrument of conveyance or otherwise, any tract of land within the City except in conformity with the provisions of this chapter.
(2) Exemptions. This chapter shall not apply to:
A. A change in the boundary between adjoining land or lots that does not create an additional or substandard lot.
B. The division of land into parcels that does not create additional new building sites.
(c) Administration and Review.
(1) Approving agency. This chapter shall be administered by the Planning Commission acting in lieu of the governing body, except as may be otherwise provided in this Code.
(2) Procedures.
(3) Recording of plat. No plat of any subdivision, including a sketch plat or plat map for a minor subdivision, shall be entitled to be recorded in the Summit County recorder's office, or have any validity, until it has been approved in the manner prescribed in this Code. In the event any such unapproved plat is recorded, it shall be considered invalid and the City shall institute proceedings to have the plat stricken from the county's records.
(4) Sale of land in subdivision. No owner or agent of the owner of any land located within a subdivision shall transfer, sell, agree to sell, or negotiate to sell any land by reference to, exhibition of, or use of, a plan or plat of a subdivision before such plat or plan has been approved and recorded in the manner prescribed in this Code. The description of such lot or parcel by metes and bounds in the instrument of transfer or other documents used in the process of selling or transferring shall not exempt the transaction from the provisions of this Code.
(Ord. 18-93. Passed 10-15-19.)
1208.02 CONVEYANCE OF INTERESTS IN LAND.
(a) Dedication Upon Recording. After approval of the final subdivision plat by the Planning Commission, the recording of such plat with the county recorder shall constitute an irrevocable offer to dedicate all streets and other areas designated for public use, and any easement for public utility or other purposes, to the City, other public entities, or to a non-profit land trust or similar organization approved by the City.
(b) Nonacceptance for Public Use and Maintenance. The approval of the final subdivision plat shall not impose any duty upon the City, other public entities, or a non-profit land trust or similar organization approved by the City concerning acceptance, maintenance, or improvement of any such dedicated areas or portions thereof until the City Council or such entity or organization actually accepts such dedications by ordinance, agreement, or by entry, use, or improvement. The City Engineer's placement of his endorsement on a plat shall not constitute an acceptance of a street or open spaces for public use by the City as provided in R.C. § 711.091 until such time as the City Council enacts an ordinance accepting such street or area for use by the City.
(c) Delineation of Land Interests Conveyed. In order to more clearly define the interest being offered for dedication, the final subdivision plat shall show by hatching, cross-hatching, or other form of line shading, the exact locations of all easements and shall have written thereon a statement that the City shall be the grantee of such easements, a description of the uses for which the easement is granted, and a statement that for the use of such easements, permits shall be issued by and regulations shall be prescribed by the City, and in the case of commons, parks, or other parcels of land offered for public use, a general warranty deed conveying to the City fee simple title to such lands shall also be provided by the subdivider.
(Ord. 18-93. Passed 10-15-19.)
1208.03 VACATIONS.
(a) Vacation of Plats or Parts Thereof. In the case of vacation of a plat or parts thereof, as previously recorded in the office of the Recorder of Summit County, Ohio, the same general procedure, rules, and regulations shall apply as for a new subdivision or plat. The title of the vacation shall indicate what is being vacated, and the final map shall include enough of the surrounding plat or plats to show its relation to adjoining areas.
(b) Vacation of Streets, Alleys, or Other Areas. In the case of vacation of a street or alley or the vacation of a commons or other open spaces and areas, such vacations shall be submitted to the Planning Commission for review and recommendation thereon prior to consideration by the City Council.
(Ord. 18-93. Passed 10-15-19.)
1208.04 SITE DESIGN - COMPLIANCE WITH ZONING REQUIREMENTS.
(a) Compliance with Zoning Development Standards. The general layout of lots, roads, driveways, utilities, drainage facilities, and other services within all proposed subdivisions and development sites shall be designed in a way that minimizes the amount of land disturbance, maximizes the amount of open space in the development, preserves existing trees/vegetation, protects wetlands and critical wildlife habitat, and otherwise accomplishes the purposes and intent of this Code and of the zone district in which the subdivision is located. Applicants shall refer to the zoning development/site plan standards set forth in Chapter 1207
and shall apply them in the layout of the subdivision in order to avoid creating lots or patterns of lots that will make compliance with such development standards difficult or infeasible.
(b) Establishment of Limits of Disturbance During Subdivision Process. Maximum area of impervious surface coverage and limits of disturbance shall be designated on the preliminary subdivision plan for each individual lot or building site pursuant to the standards and requirements set forth in Section 1207.01
, Maximum Impervious Surface Coverage. Any designated limit of disturbance shall be reviewed by the City Manager during his review of the preliminary subdivision plan, and the Planning Commission shall make a separate finding that such limits of disturbance are in compliance with this Code prior to its approval of both the preliminary and final plats.
(Ord. 18-93. Passed 10-15-19.)
1208.05 LOTS.
(a) Size, Shape, and Orientation. The lot size, width, depth, shape, and orientation shall be appropriate for the location of the subdivision and type of development and use contemplated.
(b) Lot Dimensions. Lots shall conform in size to at least the minimum area and width requirements specified in Chapter 1205
for the particular zone district in which it is located.
(c) Corner Lots. Corner lots shall be configured only as shown in Figure 30a, below. The configuration of corner lots illustrated in Figure 30b, below shall be prohibited in all districts.
Figure 30a
Figure 30b
(d) Side Lot Lines. Side lot lines shall normally be at right angles to the street or radial to curved streets, except when natural or cultural features suggest other suitable and appropriate locations.
(e) Double Frontage Lots.
(1) Double frontage lots shall be avoided except where essential to provide separation of residential development from major arteries or to offset specific disadvantages of topography.
(2) Double frontage lots shall be restricted by the applicable front building setbacks from both streets.
(f) Building Setback Line. Building setback lines, including setbacks for accessory structures, shall conform to the requirements specified in Chapter 1205
for the zone district in which the lot is located.
(g) Lot Frontage/Access to Street. Every lot shall have adequate access to a public street or alley. All single-family dwelling lots shall have at least sixty feet frontage on a public street or roadway.
(h) Development Along Railroads. The streets or roads serving industrial, commercial, or residential building sites along railroads development shall be so located as not to interfere with the possible future construction of grade crossing or grade separation facilities along adjacent major traffic routes.
(Ord. 18-93. Passed 10-15-19.)
1208.06 SIDEWALKS AND PEDESTRIAN LINKS.
1208.07 UTILITIES.
For standards and specifications relating to provision of utilities, see Chapter 1207, Section 1207.09, Utilities.
(Ord. 18-93. Passed 10-15-19.)
1208.08 STREETS/ROADS.
For standards and specifications relating to streets and roads, see Chapter 1207, Section 1207.13, Transportation, Circulation, and Pedestrian Linkage.
(Ord. 18-93. Passed 10-15-19.)
1208.09 STORMWATER MANAGEMENT/DRAINAGE/EROSION CONTROL.
For standards and specifications relating to stormwater management, drainage, and erosion control, see Chapter 1207, Section 1207.07, Stormwater Management, Drainage, and Erosion Control.
(Ord. 18-93. Passed 10-15-19.)
1208.10 OPEN SPACE AND OPEN SPACE CONSERVATION SUBDIVISIONS.
1208.11 TREE/VEGETATION PRESERVATION.
For standards and specifications relating to tree/vegetation preservation, see Chapter 1207, Section 1207.02, Tree and Vegetation Protection.
(Ord. 18-93. Passed 10-15-19.)
1208.12 LAND SUBJECT TO INUNDATION.
Land subject to inundation or flood hazards by stormwater, or any swamp or marsh lands, shall not be platted for residential occupancy, or for such other uses including streets, wells or septic systems, as may increase danger to health, life, property or the environment, or as may aggravate the flood hazard. Such land within the plat should be withheld or otherwise set aside for such uses as will not be endangered by periodic or occasional inundation, all in accordance with Chapter 1205, Section 1205.14, Floodplain/Floodway Overlay Zone District.
(Ord. 18-93. Passed 10-15-19.)
1208.13 HOMEOWNERS ASSOCIATIONS.
If open space or other common areas within a subdivision are owned and maintained by a homeowners association, the developer/subdivider shall file a declaration of covenants and restrictions that will govern the association, to be submitted with the application for preliminary plan approval and approved by the City Solicitor prior to recording of the plat. See also Section 1207.05(k), Open Space Maintenance. The declaration provisions shall include, but not be limited to, the following:
(a) The homeowners association shall be established before any lots are sold;
(b) Membership shall be mandatory for each homebuyer and any successive buyer;
(c) Any open space restrictions shall be permanent, not just for a period of years;
(d) The association shall be responsible for liability insurance, local taxes, and the maintenance of recreational and other facilities;
(e) Homeowners shall pay their pro rata share of the cost, and the assessment levied by the association can become a lien on the property if allowed in the master deed establishing the homeowners association; and
(f) The association shall be able to adjust the assessment to meet changed needs and demands.
(Ord. 18-93. Passed 10-15-19.)
1208.14 REQUIRED IMPROVEMENTS.
(a) Subdivider's Responsibilities. Unless otherwise expressly indicated, the subdivider, through his engineer, shall prepare and furnish all plans, specifications, cost estimates, and other essential documents necessary for the construction and installation of the required improvements, including all offsite improvements necessary for the approved connection to existing streets, utilities, walkways, and other public improvements. Further, the subdivider shall agree at his own cost and expense to do all the work, and furnish all the materials and labor necessary to construct and complete the required improvements in a good and substantial manner to the satisfaction of the City Engineer.
(b) Specifications, Supervision, and Inspections. The specifications of the City of Hudson and any other applicable governmental agency shall in all respects govern the construction of required improvements. The work shall be done under City supervision and inspection and shall be completed within the time fixed or agreed upon by the City Engineer.
(c) Inspection Costs. The cost of City inspections shall be paid by the subdivider. An amount of money estimated by the City Engineer for such purpose shall be deposited in advance with the City Manager or otherwise provided for in the improvements plan and agreement and bond requirements set forth in this chapter.
(d) Responsibility of Public Agencies to Provide Service. If the City Engineer or other City inspector, or the Summit County Building Department, finds upon inspection that any of the improvements being installed and constructed, or upon completion, are not in accordance with the plans, specifications, or plat in the form in which they were approved, the responsibility of the municipality and/or the county to provide services and utilities shall cease.
(e) Standard Forms for Execution. The City Manager shall prepare, adopt, and distribute standard forms from time to time for the execution of subdivision improvement agreements, posting of bonds, title insurances, inspection fees, and other administrative procedures essential to the carrying out of this chapter.
(g) Street Signs. The subdivider shall place on deposit or arrange as part of any bond agreement, sufficient funds to cover the cost of purchase, delivery, and installation of all required street name signs. Such signs shall conform to the standards and specifications adopted by the City. All signs shall also conform to the Ohio Manual of Uniform Traffic Control Devices and be installed and located as directed by the City Engineer.
(Ord. 18-93. Passed 10-15-19.)
1208.15 IMPROVEMENT GUARANTEES.
(a) Final Plat Approval Contingent on Improvement Guarantees. At the time of final plat approval, installation of all required improvements shall either be complete or the subdivider and City shall execute a final subdivision improvement agreement setting forth what improvements remain to be installed. The subdivider shall post a performance bond or other guarantee of security as set forth in this section for the purpose of assuring the installation of such improvements at or before the time the agreement is executed. The Planning Commission shall not approve a final subdivision plat unless it finds that the subdivider has complied with this provision.
(b) Performance Guarantees. The subdivider shall furnish a performance guarantee in a form approved by the City and in an amount sufficient to cover the following amounts:
(1) One hundred ten percent of the City Engineer's estimate of the costs of construction and installation of storm and sanitary sewers, water systems, streets, sidewalks, street lighting systems, and facilities and appurtenances thereto;
(2) An amount, as determined by the City Engineer, to cover the engineering fee commensurate with the work performed; and
(3) An amount, as determined by the City Engineer, to cover the inspection fee or fees.
(4) One hundred ten percent of the City Community Development Staff's estimate of the costs of materials and installation of required landscaping and associated materials.
(c) Maintenance Bond. Unless otherwise provided for in this Code (see, e.g., Section 1207.07
(c)(3) regarding maintenance of stormwater detention/retention facilities), at the time of the City's acceptance of public improvements, the City may require the subdivider to furnish a maintenance guarantee in a form approved by the City and in an amount of up to fifteen percent of the costs of construction or installation, so as to guarantee the proper functioning and structural integrity of such improvements. The duration of such guarantee shall be for the following periods of time or until the City releases the guarantee pursuant to this chapter:
(1) Streets, sidewalks, pavement, and facilities appurtenant thereto: Two years from the date of acceptance by the City of such facilities;
(2) Street lighting systems and facilities appurtenant thereto: Two years from the date of acceptance by the City of such facilities and appurtenances; or
(3) Landscaping and bufferyards: Two years from the date of planting. See also Section 1207.04(q), Maintenance of Landscaping and Bufferyards.
(d) Indemnity Insurance. The subdivider shall furnish such insurance as is deemed necessary by the City, and approved as to form by the City Solicitor, to indemnify and save harmless the City from any and all liability arising by reason of the unimproved conditions of the streets of such subdivision which may arise or grow out of the construction or installation of such facilities. The insurance shall be of such duration as determined by the City, but shall in no case be allowed to expire earlier than the effective period of any maintenance bond. A copy of the insurance policy shall remain at all times with the Clerk of the City Council.
(e) Release of Guarantees.
(1) Notice to City Engineer–inspection and report. Upon substantial completion of all required improvements, the subdivider or developer may notify the City Engineer in writing, by certified mail, of the completion or substantial completion of improvements. The City Engineer shall inspect all improvements of which such notice has been given and, after consultation with other appropriate City officials, shall send a detailed report, in writing, to the subdivider or developer indicating either approval, partial approval, or rejection of such improvements with a statement of any reasons for rejection. The cost of the improvements as approved or rejected shall be set forth.
(2) City Council action on approval of improvements. If the City Engineer has approved all or some of the improvements pursuant to division (e)(1) of this section, he shall file a copy of his report with the City Council. The City Council shall approve all or some of the improvements on the basis of the report of the City Engineer, and shall notify the subdivider or developer in writing of its action not later than ninety days after receipt of the notice from the subdivider or developer of the completion of improvements.
(3) Release of the guarantees. Where City Council approval is granted on the basis of the report of the City Engineer, the subdivider or developer shall be released from all liability, except for any portions of improvements not yet approved, pursuant to any performance guarantee for such improvements.
(Ord. 18-93. Passed 10-15-19.)