This Code is the "Land Planning and Subdivision Code of the City of Independence". (Ord. 1967-37. Passed 1-9-68.)

   The purpose of the Land Planning and Subdivision Code and the intent of Council in its adoption, is to guide and control the planning, subdividing and development of land and to provide procedures for the administration thereof in order to promote and protect the public health, safety, convenience, comfort, prosperity and general welfare of the City and to achieve, among others, the following objectives:

      (Ord. 1967-37. Passed 1-9-68.)

   The provisions of the Land Planning and Subdivision Code shall supplement any and all laws of the State, ordinances of this Municipality or any and all rules and regulations promulgated by authority of such law or ordinance relating to the purpose and scope of this Subdivision Code.

(Ord. 1967-37. Passed 1-9-68.)

   In interpreting and applying the provisions of the Land Planning and Subdivision Code such provisions shall be held to be the minimum requirements for the promotion of public health, safety, convenience, comfort, prosperity and general welfare and the objectives set forth throughout the Code. Except as specifically provided herein, it is not intended by the Subdivision Code to repeal, abrogate or annul any existing provision of any law or ordinance or any rule or regulation previously adopted or issued pursuant to law relating to the planning and subdivision of land and the construction of improvements thereon.

(Ord. 1967-37. Passed 1-9-68.)

   Each section of the Land Planning and Subdivision Code and each part of such section are declared to be independent sections and parts of sections, and notwithstanding any other evidence of legislative intent, it is hereby declared to be the controlling legislative intent that if any provision of such sections, or the application thereof to any person or circumstance, is held invalid for any reason, the remaining sections or parts of sections and the application of such provision to any person or circumstance other than as to those to which it is held invalid, shall not be affected thereby, and it is hereby declared that this Subdivision Code would have been passed independently of the section, sections or parts of a section held to be invalid. (Ord. 1967-37. Passed 1-9-68.)

   Words in the Planning and Zoning Code are used in their ordinary English usage. Certain terms and words, however, are herein defined and wherever used in the Land Planning and Subdivision Code and the Zoning Code, shall have the meaning indicated in this chapter, except where the context clearly indicates a different meaning.

(Ord. 1967-37. Passed 1-9-68.)

   (a)    The word "shall" is to be interpreted as mandatory and shall be complied with unless waived; "may" is to be interpreted as having permission or being allowed to carry out a provision; "should" is to be interpreted as expressing that the application of such criterion or standard is desired and essential unless commensurate criteria or standards are achieved.

   (b)    All words used in the singular shall include the plural, and all words used in the present tense shall include the future tense, unless the context clearly indicates the contrary.

   (c)    "Used for" shall include "arranged for", "designed for", "intended for", "maintained for" or "occupied for".

   (d)    "Such as" shall be construed as introducing a typical or illustrative enumeration of uses. A colon used to introduce an enumeration shall be construed as being the complete enumeration of uses and not illustrative.

   (e)    "Regulation" means a rule, restriction or other mandatory provision intended to control, require or prohibit an act.

   (f)    "Standard" means a test, measure, model or example of quantity, extent or quality.

   (g)    "Criterion" means a principle by which the planning of a subdivision or development area shall be guided.

   (h)    "City" means the City of Independence.

   (i)    "Commission" means the City Planning Commission.

   (j)    "Council" means the City Council.

   (k)    "Board" means the Board of Zoning Appeals.

   (l)    "Inspector" means the Inspector of Buildings of the City.

   (m)    "Clerk" means the duly acting and qualified Clerk of Council of the City.

   (n)    "Engineer" means the Municipal Engineer.

   (o)    "Person" means an individual, firm, association, corporation, trust or any other legal entity, including his or its agents.

   (p)    "Developer" means a person commencing proceedings under the Subdivision Code to effect a subdivision or development of land for himself or for another.

   (q)    "Subdivision Code" means the Land Planning and Subdivision Regulations of the City. (Ord. 1967-37. Passed 1-9-68.)

   (a)    "Area of buildings" means the area at the ground level of the main building and all accessory buildings, excluding unenclosed porches, terraces and steps measured from the outside surface of exterior walls.

   (b)    "Area of dwelling unit" means the sum of the gross floor areas above the basement level including those rooms and closets having the minimum ceiling height, light, ventilation and other features as required by the Building Code of the City.

   (c)    "Area of lot" means the total horizontal area within the lot boundary lines of a zoning lot. (Ord. 1967-37. Passed 1-9-68.)

   (a)    "Private garage" means an accessory building or part of the main building used for the parking or temporary storage of passenger automobiles of occupants of any one or two-family dwelling, and in which no occupation, business or service shall be conducted for remuneration.

   (b)    "Storage garage" means a main or accessory building, other than a private garage, used for the parking or temporary storage of passenger automobiles, and in which no service shall be provided for remuneration.

   (c)    "Repair garage" means a main or accessory building used or designed for repairing motor vehicles or a service garage if accessory to an automobile salesroom.

   (d)    "Accessory parking area" means an open or enclosed private area, other than a street, used for the free parking of passenger automobiles for occupants of a main building and their guests or customers.

   (e)    "Open parking area" means any open area, exclusive of streets and driveways, used for the parking of passenger automobiles for occupants of a dwelling unit and their guests.

   (f)    "Public parking area" means an open or enclosed publicly owned area used for passenger automobile parking, with or without a fee.

   (g)    "Sales lot" means an open area used for the display, sales or rental of new or used motor vehicles on which no repair (except minor work) is performed.

   (h)    "Service station" means a building and land, including pumps, tanks and grease racks, used for the retail sale of gasoline, lubricants, batteries, tires and other automobile accessories and performing minor services and repairs.

(Ord. 1992-37. Passed 4-13-93.)

   "Block" means an area of land bounded by streets, public or common land, railroad rights of way, shore lines or by other definite limits.

(Ord. 1967-37. Passed 1-9-68.)

   (a)    "Structure" means that which is constructed on or under the ground or attached or connected thereto, including but not limited to: buildings, barriers, bridges, bulkheads, bunkers, chimneys, fences, garages, outdoor seating faculties, platforms, pools, poles, tanks, tents, towers, sheds, signs and walls, and excluding trailers and other vehicles whether on wheels or other supports.

   (b)    "Building" means a structure which is permanently affixed to the land, having one or more floors and a roof, being bounded by either open space or lot lines, and used as a shelter or enclosure for persons, animals or property. The term shall be construed as if followed by the words "part or parts thereof".

   (c)    "Main building" means the building occupied by the main use or activity on the premises, all parts of which are connected in a substantial manner by common walls and a continuous roof.

   (d)    "Accessory building" means a subordinate building detached from but located on the same lot as the main building, the use of which is incident and accessory to that of the main building or use.

   (e)    "Utility building" means an accessory building for the storage of materials and equipment incidental to the main use of the property, not including the storage of motor vehicles.

   (f)    "Setback" means a line established by the Zoning Code, generally parallel with and measured from the front lot line, and defining the limits of a front yard in which no building or structure may be located above ground except as may be provided in such Code.

   (g)    "Detached building" means a building surrounded by open space.

   (h)    "Basement" means the space within a building where the floor level is more than two feet below adjoining ground but less than half the floor to ceiling height is below adjoining ground. (Ord. 1992-37. Passed 4-13-93.)

   (a)    "Family" means either one individual, two or more persons related by blood, marriage or adoption, or not more than three persons not related by blood, marriage or adoption who live together in one dwelling unit and maintain a common household.

   (b)    "Roomer" means a person, other than a member of the family as defined above, who rents one or more rooms in a dwelling from the resident family.

(Ord. 1967-37. Passed 1-9-68.)

   (a)    "Established street grade" means the elevation established by the City at the roadway center line or curb in front of the lot.

   (b)    "Natural grade" means the elevation of the undisturbed natural surface of the ground prior to any excavation or fill.

   (c)    "Finished grade" means the elevation of the finished surface of the ground adjoining the building after final grading and normal settlement.

(Ord. 1967-37. Passed 1-9-68.)

   "Height of building" means the vertical distance measured from the highest point of the coping of a flat roof, or the vertical distance measured from the mean level between the eaves and ridge of a pitched roof, to the average finished grade across the face of the building containing its principal entrance.

(Ord. 1967-37. Passed 1-9-68.)

   "Loading space" means an open or enclosed space other than a street used for the temporary parking of a commercial vehicle while its goods are being loaded or unloaded.

(Ord. 1967-37. Passed 1-9-68.)

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

   (b)    "Lot of record" means land designated as a separate parcel on a plat map or deed in the records of the County.

   (c)    "Zoning lot" means a parcel of land abutting a dedicated street, occupied or intended to be occupied by a main or accessory use or a main or accessory building, as a unit together with such open spaces as required by the Zoning Code. Unless the context clearly indicates the contrary, the term lot is used synonymously with "zoning lot" in the Zoning Code and it may or may not coincide with a lot of record.

   (d)    "Corner lot" means a lot abutting on two streets at their intersection if the interior angle of intersection is not more than 135 degrees.

   (e)    "Interior lot" means a lot other than a corner lot or through lot.

   (f)    "Lot line" means the boundary of a lot separating it from adjoining public, common or private land, including a public street.

   (g)    "Front lot line" means the lot line separating an interior lot from the street upon which it abuts, or the shortest lot line of a corner lot which abuts upon a street. Unless the context clearly indicates the contrary, it shall be construed as synonymous with "street line".

   (h)    "Rear lot line" means a lot line parallel or within forty-five degrees of being parallel to the front lot line.

   (i)    "Side lot line" means a lot line which is neither a front nor rear lot line or the longest lot line of a corner lot which abuts upon a street.

   (j)    "Lot depth" means the mean horizontal distance of a lot measured between the front and rear lot lines.

   (k)    "Lot width" means the horizontal distance of a lot measured along the building line at a right angle to the mean lot depth line.

   (l)    "Private land" means land in a subdivision or development area which shall be adjoining, attached and assigned to the land occupied by a one-family dwelling for the exclusive use of the occupants of a particular dwelling unit, and which shall be identified on subdivision and development plans submitted to the City.

   (m)    "Common land" means land in a subdivision or development area not owned as private land or occupied by dwellings created for common usage by restrictions, easements, covenants or other conditions running with the land, and which is held for the use and enjoyment by or for the owners or occupants of the dwellings in a development area.

   (n)    "Homes association" means an incorporated, nonprofit organization operating under recorded land agreements through which each lot owner of a development area is a member, and each lot is subject to charges for a proportionate share of the expenses for the organization's activities such as maintaining the common property.

(Ord. 1967-37. Passed 1-9-68. )

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

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

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

   (d)    "Master Plan" means the plan and statement of the objectives and recommendations for the general location and extent of desirable future land development, community facilities and street plans for the City, duly adopted or officially accepted.

   (e)    "Community Facilities Plan" means the plan which shows the location and extent of existing, planned and proposed parks, playgrounds, public land and buildings and other public facilities for the City, duly adopted or officially accepted, separately or as a part of the Master Plan.

   (f)    "Street Plan" means the plan which shows general location and extent of existing, planned and proposed streets and other transportation facilities for the City, duly adopted or officially accepted, separately or as a part of the Master Plan.

   (g)    "Area plan" means a plan prepared by the City for implementing components of the Master Plan and may include, but is not limited to, design, bulk, use, height, location and arrangements of buildings in respect to streets, open spaces, other structures and natural features.

   (h)    "Development area" means the area of a parcel or assembled parcels of land required by the Zoning Code to be developed by a single owner or a group of owners acting jointly under a planned development procedure.

   (i)    "Sketch plan of a subdivision" means a sketch for the purpose of study and approval of minor subdivisions.

   (j)    "Preliminary plan" means a drawing prepared by a developer for the purpose of study of a major subdivision of land, or a preliminary plan of land and buildings of a development area which, when approved by the designated authority, permits proceeding with the preparation of the final plat of a subdivision or final plan of a development area.

   (k)    "Final plat" means the final map prepared by a developer based upon the approved preliminary plan of a subdivision, and after the land improvements are constructed, or construction guaranteed, the approved plat shall be recorded.

   (l)    "Final plan of a development area" means the final plan prepared by a developer based upon the approved preliminary plan of a development area and consists of detailed drawings, specifications, agreements and other documents required for construction of the land improvements and buildings within a development area.

(Ord. 1967-37. Passed 1-9-68.)

   "Motor freight station" means a building in which freight brought by motor truck is assembled, sorted or reloaded for shipment by motor truck.

(Ord. 1967-37, Passed 1-9-68.)

   (a)    "Nonconforming building" means a building existing lawfully at the time the Zoning Code, or an amendment thereto, became effective but which does not conform to the area, height or bulk of building, yard or other regulations of the district in which it is located.

   (b)    "Nonconforming lot" means a lot existing lawfully at the time the Zoning Code, or an amendment thereto, became effective but which does not conform to the lot area, width, access or other requirements of the district in which it is located.

   (c)    "Nonconforming use" means the use of a building or land existing lawfully at the time the Zoning Code, or an amendment thereto, became effective but which does not conform to the use regulations, off-street parking and loading requirements, performance standards or other use regulations of the district in which it is located.

(Ord. 1967-37. Passed 1-9-68.)

   "Occupancy certificate" means an official statement certifying that a building, other structure or parcel of land is in compliance with the provisions of all existing codes, or is a lawfully existing nonconforming building or use and hence may be occupied and used lawfully for the purposes designated thereon.

(Ord. 1967-37. Passed 1-9-68.)

   "Performance standard" means a criterion established to control the dust, smoke, fire and explosive hazards, glare and heat, noise, odor, toxic and noxious matter, vibrations and other conditions created by or inherent in uses of land or buildings.

(Ord. 1967-37. Passed 1-9-68.)

   (a)    "Sign" means any display, figure, painting, drawing, placard, poster or other device visible from a public way which is designed, intended or used to convey a message, advertise, inform or direct attention to a person, institution, organization, activity, place, object or product. It may be a structure or part thereof painted on or attached directly or indirectly on a structure.

   (b)    "Business sign" means a sign which directs attention to the name of the business or establishment, the goods or commodities sold or services rendered, on the lot on which the sign is located.

   (c)    "Real estate and development sign" means a sign which directs attention to the promotion, development, construction, rental, sale or lease of property on which it is located. (Ord. 1967-37. Passed 1-9-68.)

   (a)    "Street" means a public way for purposes of vehicular travel including the entire area within the right of way. The term includes, but is not limited to, avenue, alley, boulevard, drive, highway, road and freeway. Streets shall be classified and further defined herein.

   (b)    "Freeway" means a divided arterial highway for through traffic to which access from the abutting properties is prohibited and all street crossings are made by grade-separated interchanges.

   (c)    "Arterial street" means a public street which is primarily for moving fast or heavy traffic between large or intensively developed districts.

   (d)    "Collector street" means a street supplementary to and connecting arterial streets to local streets.

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

   (f)    "Cul-de-sac" means a street one end of which connects with another street and the other end of which terminates in turning facilities for vehicles.

   (g)    "Marginal access street" means a local street providing access to lots which abut or are adjacent to a limited-access highway or arterial street.

   (h)    "Loop street" means a local street both ends of which intersect with the same street at different points and which intersects with no other street.

   (i)    "Private street" means a street held in private ownership.

   (k)    "Roadway" means that portion of a right of way available for vehicular travel, including parking lanes.

   (l)    "Tree lawn" means that portion of a right of way lying between the exterior line of the roadway and the outside right of way line.

   "Subdivision" means the division of any parcel of land shown as a unit or as contiguous units on the last preceding records of the County Auditor into two or more parcels, sites or lots any one of which is less than five acres, for the purpose, whether immediate or future, of transfer of ownership, and which is subject to the provisions of this Subdivision Code.

   Subdivision also includes the improvement of one or more parcels of land for residential, business or industrial structures or groups of structures involving the division or allocation of land for the opening, widening or extension of any street or as easements for the extension and maintenance of public sewers, drainage, water supply or other public facilities and the division or allocation of land as open spaces for common use by owners, occupants or lease holders.

   The term includes resubdivision and replatting; it may refer also to the process of subdividing and the land subdivided when appropriate to the context.

(Ord. 1967-37. Passed 1-9-68.)

   (a)    "House trailer" means a self-propelled or nonself- propelled vehicle designed, constructed or added to by means of accessories in such a manner as will permit the use and occupancy therein for human habitation; it may be supported on wheels, jacks or other supports and used or so constructed to permit its being used as a conveyance upon the public highways.

   (b)    "Trailer park" means a lot occupied by, or designed to be occupied by, more than one family in house trailers, tents, camp cars or similar facilities, and shall include the roadway, structures, vehicles or other structures used or intended for use as a part of the facilities of such trailer park.

(Ord. 1967-37. Passed 1-9-68.)

   (a)    "Use" means any purpose for which buildings, other structures or land may be arranged, designed, intended, maintained or occupied, or any activity, occupation, business, profession or operation conducted in a building, other structure or on land.

   (b)    "Main use" means the principal purpose of or activity conducted in a building, other structure or land.

   (c)    "Accessory use" means a use subordinate and incidental to the main building or use located on the same zoning lot with the main use of the building, other structure or land.

   (d)    "Conditional use" means a use which may be permitted in specific districts subject to compliance with certain standards and explicit conditions set forth in the Zoning Code and the granting of a conditional use permit.

(Ord. 1992-37. Passed 4-13-93.)

   "Variance" means a modification of the zoning regulations permitted in instances where a literal application of the provisions of the Zoning Code would result in unnecessary hardships as a result of some peculiar or unique condition or circumstance pertaining only to the zoning lot in question and in accordance with procedures and standards set forth in the Zoning Code. (Ord. 1967-37. Passed 1-9-68. )

   (a)    "Yard" means that portion of the open area on a lot extending between a building and the nearest lot line or certain uses and the nearest lot line as established in the Zoning Code.

   (b)    "Front yard" means the yard extending from the front wall of the building to the front lot line across the full width of the lot.

   (c)    "Rear yard" means the yard extending from the rear wall of the building to the rear lot line across the full width of the lot.

   (d)    "Side yard" means the yard extending between a side lot line and the nearest wall of the building and from the front yard to the rear yard; provided, that for a corner lot, the side yard extends from the front yard to the rear lot line on the street side.

   (e)    "Required yard" means the minimum yard required between a lot line and building line or the line of any parking area or any other use requiring a yard in order to comply with the zoning regulations of the district in which the zoning lot is located. A required yard shall be open and unobstructed from the ground upward except for projections on buildings as permitted in the Zoning Code and except for walks, landscaping and other yard or site features.

   (f)    "Court" means an open space other than a yard bounded on two or more sides by exterior walls of the building or bounded by exterior walls of a building and lot lines.

(Ord. 1967-37. Passed 1-9-68.)

   Procedures are herein established for achieving effectiveness, efficiency and uniformity in the administration of the Subdivision Code, including:

      (Ord. 1967-37. Passed 1-9-68.)

   The City shall make available copies of this Subdivision Code, the Zoning Code, the Street Plan, the Community Facilities Plan and other maps and relevant information at a cost to be determined by Council. Any developer may request an advance discussion of the procedures and criteria for developing land at regular meetings of the Commission.

(Ord. 1967-37. Passed 1-9-68.)

(Ord. 1967-37. Passed 1-9-68.)

(Ord. 1991-54. Passed 11-12-91.)

   A notation of the action taken shall be made on the sketch plan by the Secretary, Chairman or other officials as may be designated by the Commission, and the developer shall be informed if a metes and bounds deed description or a plat will be required. Three prints of the approved sketch plan shall be furnished to the Commission.

   If the Commission determines the proposal should be reviewed as a major subdivision or if the proposal cannot be approved for other reasons, the Commission may suggest revisions to the plan before it is resubmitted.

(Ord. 1967-37. Passed 1-9-68.)

         (Ord. 1991-18. Passed 5-12-92.)

   The developer may obtain approval of the plat prior to the installation of the required improvements. Alternatively, he may apply for approval of the final plat and include drawings and specifications of required improvements and concurrently furnish an approved performance guarantee bond or cash surety that he will install the improvements thereafter. Such bond or surety shall be in the form as set forth in subsection (c) hereof.

   The developer may apply for final plat approval for only that section of an approved preliminary plan of a subdivision for which he proposed to develop and record as the first stage; however, the approval of any section of the preliminary plan shall become null and void if an application for final plat approval is not submitted within one year after approval of the preliminary plan, unless an extension of time is granted by the Commission.

   (c)    Action by the Planning Commission. If the Engineer determines the final plat, drawings and specifications are satisfactory in regard to the above provisions, and if the subdivision complies with all other applicable provisions of these regulations, the Commission shall approve it. Action shall be taken within one month after the meeting at which the application for approval and all required plats, maps and data were submitted to the Commission, or within one month after an extension of time set by the Commission. The Commission shall act upon the final plat, drawings and specifications, either separately or concurrently, but in no event shall it approve the final plat for recording until the improvements either are constructed by the developer or their construction guaranteed by an approved performance guarantee bond or a cash surety. The amount shall be the costs of the improvements as estimated by the Engineer. The form of the bond shall be subject to approval by the Law Director. After the final plat has been approved by the Commission, it shall be submitted to Council for its approval prior to recording.

   The approval of the drawing and specifications for the required improvements shall be indicated by a certification to that effect on the original drawings and specification with the signature of the Engineer. Approval of the improvements as constructed shall likewise be certified by the Engineer.

   The developer may proceed with the construction of the required improvements prior to recording of the final plat provided the final subdivision plat and improvement plans have been approved. In such case, the Engineer shall retain the final plat until all improvements are complete and certified by the Engineer or their completion is guaranteed by an approved performance guarantee bond or a cash surety and all other conditions have been satisfied. If the improvements are not completely installed within one year from the date of approval, the approval shall lapse and the developer must resubmit the final plat before proceeding with any aspect of development. The final plat may be recorded only by the Engineer and shall be at the expense of the developer.

   Occupancy permits for building shall not be issued until all streets and utilities are accepted for public use by Council, or a cash surety guaranteeing the completion of the improvements has been submitted and accepted by the City.

(Ord. 1991-18. Passed 5-12-92.)

   During such period, no structure shall be erected, no trees or topsoil shall be removed or destroyed, no grading shall be done nor shall any land so reserved be put to any use whatsoever except on written approval of the Commission.

   Such covenants and restrictions shall be subject to approval by the Law Director.

(Ord. 1991-18. Passed 5-12-92.)

   An application and preliminary plan shall be submitted by the developer to the Commission for all proposals for business and industrial subdivisions involving the division or allocation of land for open spaces for common use, for the opening or extensions of streets or as easements for the extension and maintenance of sewers, water supply or other public facilities.

   The preliminary plans of such subdivisions shall be planned in accordance with the planning criteria established in Chapter 1111 and all maps, plans and other data required and set forth in Section 1115.03 shall be furnished if determined applicable by the Commission.

   All procedures, maps and other data required and set forth in Section 1115.04 shall be complied with and furnished, if determined applicable by the Commission, in the preparation of final plats of subdivisions where streets or other areas are to be used by the public and where public utilities are to be constructed.

(Ord. 1967-37. Passed 1-9-68.)

   In order that proposed subdivisions may be properly planned and reviewed, a map of the City showing all streets, lot lines, topographic contours and wetland areas shall be kept up to date by the Engineer and maintained on file by the Clerk of Council. Preliminary plans when approved shall be indicated on a print of the City map, and every final plat or deed description when recorded shall be added to the tracings thereof.

(Ord. 1991-18. Passed 5-12-92.)

   An application for resubdividing, replatting or vacation of a subdivision or a part thereof shall be made by the owner to the Commission in the same form as for an original subdivision along with all required maps and other information. The original lots shall be shown by dotted lines, lot numbers and other references made to the previously recorded subdivision. After a replatting or vacation is approved by the Commission, it shall be submitted to the Clerk of the Court of Common Pleas if required by the provisions of Ohio R.C. 711.17 to 711.31 inclusive.

(Ord. 1967-37. Passed 1-9-68.)

   Planning criteria are herein established as fundamental principles and each are to be applied with professional skill in the planning, subdividing and resubdividing the land in order to achieve, among other things, the following purposes:

   Land developments shall be planned to preserve the topography of the land in order to utilize the natural contours and reduce the amount of grading and to minimize destruction of trees, wetlands and natural drainageways. The natural features and other distinctive characteristics of the site shall be integrated into the plan to create functional elements in the neighborhoods. Detailed topographic maps and aerial photography shall be utilized in the land planning and subdivision process.

       (Ord. 1991-18. Passed 5-12-92.)

   Streets shall be designated to implement the Street Plan, to be in accord with the function served as classified in Section 1107.19 and to be related to the use of abutting land. Furthermore, streets shall be designed to comply with planning criteria as follows:

      (Ord. 1991-18. Passed 5-12-92.)

   The primary function of local streets is to provide direct access to each lot of the development area. The local street system should be designed to minimize through traffic movements. This should be accomplished by peripheral collector street design, by offsetting local street intersections and by providing loop streets or cul-de-sac streets. Every part of a residential area should, however, be interconnected for convenience and to avoid excessive indirect travel except where connections are not feasible because of topographic conditions.

   The pattern should be logical and comprehensive for the convenience of the local residents, visitors and for providing services. The design should be planned to provide these basic functions without relying on excessive traffic regulations. The streets should be designed for uniformly low volumes of traffic commensurate with residential amenities, and to discourage speeds of more than twenty-five miles per hour.

   There shall be a basic underlying street design related to topography and other natural features. The pattern should also be related to attaining functional, economical and practical patterns, and shapes and sizes of areas for development. Necessary traffic generators such as schools and playgrounds should serve as focal points in the pattern. There should be a minimum number of intersections and T-intersections should predominate.

      (Ord. 1991-18. Passed 5-12-92.)

   (a)    Streets serving business developments and accessory parking areas shall be planned to connect with arterial streets in order not to generate traffic on local residential streets. The intersection of service streets or driveways from parking areas with arterial or collector streets shall be located in order to cause the least possible interference with the movement of traffic on the arterial streets, and wherever possible shall be located not less than 100 feet from the intersection of an arterial or collector street, measured from the intersection of the projection of the right-of-way lines and shall be spaced not less than 200 feet from each other.

   (b)    Parking areas serving adjoining business establishments shall be interconnected by on-site drives where possible and designed to provide maximum safety and convenience, and, to accomplish such purposes, the Commission may require marginal service roads along arterial streets.

(Ord. 1991-18. Passed 5-12-92.)

   Collector streets for industrial subdivisions shall be planned to serve industrial areas exclusively and shall connect with arterial streets so that no industrial traffic will be directed onto any residential streets. The intersections of service streets and access driveways to parking areas with arterial streets should be located at intervals of not less than 200 feet in the interest of public safety and to maintain the design capacity of the street.

   The street layout of the industrial subdivision shall be planned to provide the lot areas and widths as required in the Zoning Code; it may be planned for progressive extension as the subdivision is developed. The street plan shall be in general conformity with plans for the development of the adjoining industrial areas and the adopted Street Plan. Streets shall be planned to be extended to the boundaries of any adjoining land planned for industry, except for topographic or other physical conditions; or if the Commission finds such extension is not in accord with the approved plan of the area. In such locations the Commission may permit a cul-de-sac street as a temporary measure as part of a progressive development program.

   The minimum pavement width shall be thirty-two feet; the minimum radius of curbs at intersections shall be thirty-five feet; the minimum right of way shall be not less than seventy feet. Each street shall be of sufficient width to safely accommodate the projected traffic volumes and access for fire protection equipment. The pavement turn-around shall have a minimum outside curb radius of fifty-five feet and a property line radius of at least sixty-five feet. The criteria for horizontal and vertical alignment, intersections and other design criteria shall be the same as set forth in this chapter for collector streets.

(Ord. 1967-37. Passed 1-9-68.)

   The boundaries and lines of blocks and other parts of neighborhoods shall be designed and adjusted to conform to the topography and natural features, to the corporation lines, to the street planning criteria as set forth in Section 1111.04, to accommodate lots and building sites of the size and character required for the district as set forth in the Zoning Code and to provide for the required community facilities.

   Each lot shall be designed to form a functional site for the type of dwelling and the ancillary open space, and the lot lines shall not be considered as merely a geometric shape enclosing the minimum requirements. The lots shall generally be rectangular in form; triangular, elongated or other shapes that restrict its use as a building site and the utilization of yards shall be avoided.

      (Ord. 1991-18. Passed 5-12-92.)

   The subdivision regulations shall aid in the implementation of the Community Facilities Plan as follows:

   (a)    All developments shall be designed to acknowledge any traversing or nearby electric transmission lines. If an electric transmission line traverses a development at any point, the following language shall be inserted on the preliminary plan and final plat and signed by the property owner(s):

   (b)    For purposes of this section, an "electric transmission line" is defined as a line or associated facility having a design capacity of 125 kilovolts or more. In addition, all deeds purporting to convey a parcel that is located partly or wholly in a development area shall contain a statement in bold-faced type setting forth that fact.

(Ord. 1994-26. Passed 7-12-94.)

   Provisions for requiring improvements are hereby established to be applied to each proposed subdivision and resubdivision for designing, constructing and assuring the construction of land improvements in order to achieve, among others, the following purposes:

      (Ord. 1967-37. Passed 1-9-68.)

   The developer shall provide and install at his expense the improvements required herein, or he shall provide financial guarantees in lieu of actual installation precedent to the recording and sale of lots and the issuance of building permits. For industrial subdivisions, the Commission may, however, permit the improvements to be installed on an assessment basis.

   The developer shall prepare a grading plan for each subdivision in order to establish street grades, floor elevations of buildings and a system of drainage for private lots, all in proper relation to each other and to existing topography, as follows:

      (Ord. 1973-68. Passed 9-25-73.)

   A drainage system shall be designed and constructed by the developer, as required for the district in which the proposed subdivision is located, for the proper drainage of the surface water of the subdivision and each lot as follows:

   When trunk sewers and sewage treatment facilities are available, sanitary sewers shall be designed in accordance with the Master Sewer Plan of the City, and constructed by the developer of each proposed subdivision or development; a house connection shall be provided for each lot. The sanitary system shall be designed and constructed in accordance with such regulations and standards as may be established by the Engineer. In the absence of sanitary sewers and treatment facilities, septic tanks, filter beds and satisfactory drainage of effluent shall be provided for as required by the County Board of Health and the City Building Commissioner. (Ord. 1967-37. Passed 1-9-68.)

   A public water system shall be designed and constructed by the developer of each subdivision or development and a supply shall be provided for each lot. The water distribution system shall be designed and constructed in accordance with the rules and standards as may be established by the Engineer or the Division of Water and Heat of the City of Cleveland.

(Ord. 1967-37. Passed 1-9-68.)

   The developer shall submit preliminary plans of proposed subdivisions to the utility companies which will service the subdivision for the preparation of a layout of their distribution system.

   In all new major subdivisions and all new minor subdivisions which are adjoining and fronting on the same street as a subdivision in which underground communication, electric power and street lighting distribution systems are in place, it shall be required that all telephone, electric power and street lighting wires, conduits or cables, along with equipment and housing necessary in the distribution system to serve lots in such subdivision, shall be constructed underground and upon easements provided for utilities, except that those wires, conduits or cables owned by or serving individual customers and located wholly on the customer's property, need not be located upon easements.

      (Ord. 1967-37. Passed 1-9-68.)

   The developer shall submit plans for a gas fuel distribution system for the proposed subdivision or development and a supply provided for each lot. The gas system shall be designed and constructed in accordance with the rules and standards of the East Ohio Gas Company as approved by the City.

(Ord. 1967-37. Passed 1-9-68.)

   The pavement, curbs and sidewalks shall be designed and constructed by the developer as required for the district in which the subdivision is located and set forth in the schedules in the Subdivision Code and in the Street and Sidewalk Code of the City.

      (Ord. 1967-37. Passed 1-9-68.)

   Monument boxes shall consist of an adjustable cast-iron monument box No. R-1968, Type "B" as manufactured by Neenah Foundry Company, or an approved equal. Monument boxes shall be set at all points in the pavement indicated on the plans. These shall be located so as to conform to the line and grades as shown on the plans and standard detailed drawings for pavements in the City.

(Ord. 1967-37. Passed 1-9-68.)

   (a)   Street trees shall be required in each proposed subdivision or resubdivision and provisions in accordance therewith shall be made for one street tree per subdivision lot. The City shall select, space and plant the street trees and the developer shall pay to the City one hundred twenty-five dollars ($125.00) per lot for street trees prior to the issuance of any building permit.

   (b)   In the selection and spacing of trees, the City shall be guided by a street tree plan reviewed by the Commission and trees selected should be at least six to eight feet in height and one inch in diameter. (Ord. 2000-58. Passed 9-12-00.)

   Street name signs shall be furnished and installed by the developer. The design of the signs shall be in accord with the present signs as approved by Council. Signs shall be placed on diagonally opposite corners, on the far right hand of the intersection for traffic on the more important street and as close to the corner as possible.

(Ord. 1967-37. Passed 1-9-68.)

   The utilities, pavements and other land improvements as required shall be designed of extra size and extensions provided as may be necessary to serve nearby land which is an integral part of the neighborhood service or drainage area in addition to the improvements required for the development of the proposed subdivision.

         (Ord. 1967-37. Passed 1-9-68.)

   The design of the water system, storm and sanitary sewerage systems and roadways, the grading of the subdivision and each lot shall be in accord with the various standards and requirements set forth in the previous sections. Drawings and specifications for the

improvements shall be reviewed and approved by the Engineer and the installation shall be subject to his continuous inspection.

   At the completion of the construction and before acceptance, the developer shall furnish the City with a set of records or "as-built" tracings showing the locations, sizes and elevations of all underground utilities.

(Ord. 1967-37. Passed 1-9-68.)

   The developer may execute and file with the City financial guarantees in lieu of actual installation or completion of the required improvements concurrently with the application for approval of the final plat.

      (Ord. 1967-37. Passed 1-9-68.)

   In the event the developer fails diligently to pursue the work or complete the installation of all improvements to the land according to the terms and conditions of this Code, the drawings and specifications approved by Council, the performance bonds filed by the developer or other agreements or covenants made by him, the City may, upon ten-days' written notice to the developer, complete the same in the manner required, and pay for the costs thereof from the deposits made by the developer.

(Ord. 1967-37. Passed l-9-68.)

   A building permit may be issued and construction started after the completion of the underground utilities. If a temporary pavement is constructed a temporary certificate of occupancy, which shall include a statement that the City is not liable for maintenance of such improvements, may be issued, provided that the developer furnishes a cash bond in an amount required by the City guaranteeing that all streets shall be maintained in a passable and reasonable condition until such time as the final pavement is completed and accepted for use and maintenance as set forth in Section 1113.09(a).

(Ord. 1967-37. Passed 1-9-68.)

   A developer shall place not less than one post, holding not more than two mail boxes, on the property line between any two residential structures for mail delivery. The post shall be set in an underground foundation to provide for adequate stability and endurance and the cement foundation shall be covered with compacted earth and in no way be exposed above grade. The post shall be placed on the tree lawn as close to the public street as possible to provide access to the postal delivery service without causing a safety hazard by the placement thereof. (Ord. 1984-6. Passed 3-13-84.)

   Plans, maps, data and plats shall be prepared and furnished by the developer as required herein to assure accurate surveying and to provide adequate information for designing, preparing plans, reviewing and recording subdivisions.

(Ord. 1967-37. Passed 1-9-68.)

   The developer shall furnish, with the application for approval of the sketch plan for a minor subdivision, or as a preapplication for a major subdivision (Section 1109.03), either separate or combined, the following:

      (Ord. 1967-37. Passed 1-9-68.)

   The developer shall furnish, with the application for approval of a preliminary plan of a major subdivision (Section 1109.05), the following maps, data and plans:

      (Ord. 1975-24. Passed 6-24-75.)

   The developer shall furnish, with application for approval of final plat of a subdivision (Section 1109.06), the following plans, data and plats:

          (Ord. 1967-37. Passed 1-9-68.)

 

   Procedures are herein established for adopting the Subdivision Code by Council after public hearing, administering it thereafter by the Commission and for:

      (Ord. 1967-37. Passed 1-9-68.)

   The Planning Commission is empowered by authority of Ohio R.C. Chapters 711 and 735, or such statutes hereafter in effect, to prepare plans of unsubdivided or improperly subdivided or platted areas showing a system of future streets and public open spaces, and showing as "mapped streets" those rights of way to be reserved.

   The Commission shall hold a public hearing thereon. Notice of the time, place and purpose of such hearing shall be given by written notice mailed not less than fifteen days prior to the date of such hearing, to the owners of all property within, contiguous to and directly across the street from the area being planned. The address of such owner shall be obtained from current records of the County Auditor and City records.

   After the hearing, such "mapped street" or "mapped public land" plans may be adopted by the Commission and recorded, and thereafter no subdivision may be approved and no street may be accepted or improved unless it conforms substantially to such recorded plan. No application for a permit to construct a building on land shown within the right of way of a future street shall be issued until the City has started procedures to acquire such land for street purposes, but such permit may not be withheld for a period exceeding 120 days.

(Ord. 1967-37. Passed 1-9-68.)

   A developer aggrieved by an action of the Planning Commission in regard to refusal to approve a subdivision may, within sixty days after such refusal, appeal to the appropriate court to correct errors of law and questions of fact in accordance with Ohio R.C. 711.09.

(Ord. 1967-37. Passed 1-9-68.)

   The adoption of and amendments to the Subdivision Code may be initiated by the Planning Commission or Council. If initiated by Council they shall be referred to the Commission. The Commission shall hold a public hearing and give notice thereof in accordance with the provisions of the Zoning Code before forwarding its recommendations to Council.

   If the amendment is approved by the Commission, Council may adopt the amendment by a majority vote, or, if such amendment is not approved by the Commission, it may be adopted only by a two-thirds vote of the entire membership of Council.

   After adoption, or amendment to the Code, a copy thereof shall be certified by the Commission, or Council, to the County Recorder.

(Ord. 1967-37. Passed 1-9-68.)

   Compliance with this Code shall be obtained by applying penalties for noncompliance as follows:

       (Ord. 1967-37. Passed 1-9-68.)

   The procedures outlined in this section are intended only as a guide and do not modify the detailed procedures set forth in this Code and other parts of this Subdivision Code.

      _______________________________________________ Subdivision

               (name of)

                                                                             

                      (municipality)

                     (Cuyahoga County)

      subdivision do hereby assent to and adopt this subdivision of the same, and

      acknowledge that the same was made at our request and do hereby dedicate

      to public use the street(s) (easements) (parks or other public areas) designated

      in graphic symbols on this plat.

            (lettered)

             (lettered)

      State of Ohio      )

      County of Cuyahoga    )

         IN WITNESS whereof, I have hereunto set my hand and official seal at

          (city)          (state)

       (month), (year).

                         Notary Public

Form 3A    ACKNOWLEDGMENT BY CORPORATION.

      State of Ohio       )

      County of Cuyahoga    )

                        _______________________

                        Notary Public

                     Registered Surveyor-Ohio Serial No.

 

                      

                     ___________________________

                     Chairman

                     Secretary

          date

                     Municipal Engineer

               (not included on plat)

                     Municipal Engineer

                         ______________________

                        President

                        Clerk

            (Separate ordinance - not included on plat)

                         ______________________

                        President

                        Clerk

 

 

                        Cuyahoga County Auditor

                        Cuyahoga County Recorder

                         _______________ Ohio

                        Municipality

KNOW ALL MEN BY THESE PRESENTS:

    WHEREAS,                                   , Principal herein is the owner and developer of the _______________________ Subdivision located in Cuyahoga County, Ohio, and

   WHEREAS, the drawings and specifications of such Subdivision showing the location, construction and installation requirements for street pavements, curbs, sidewalks, sewers, water mains and other land improvements therein have been filed with the Planning Commission and by it approved, which drawings and specifications are hereby incorporated herein by reference as if set forth at length and made a part of this instrument, and

   WHEREAS, the Principal has obligated himself (or itself) and does hereby agree to complete the construction and installation of all street pavements, curbs, sidewalks, sewers, water mains and all other land improvements in such Subdivision in accordance with such drawings and specifications now on file,

WITNESS:

                                  

                                  

                      SURETY

    WHEREAS, the Developer ______________ heretofore on the _______ day of __________________, 19   , applied to the Planning Commission of _______________, Ohio for the approval of a preliminary plan of a subdivision located in and submitted in support thereof maps, plans and other data, all as required by the Land Planning and Subdivision Code, adopted by Council, Ordinance Number ________________, date; and

   WHEREAS, the Planning Commission reviewed such maps, plans and other data for such Subdivision and found that the same complied with such Ordinance Number                , thereafter on the _______ day of ____________________, 19 __, the Commission approved such preliminary plan, (on condition that

               (State conditions)

                                   ,).

(If conditional approval)

   WHEREAS, the Developer has now complied with each of the conditions of approval as established by the Planning Commission; and

   WHEREAS, the Municipal Engineer has reviewed and approved such final plat and the drawings, specifications and other information relating to the improvements of the land within such plat, each of which are designated as follows:

    FINAL PLAT       PREPARED BY       DATE

    DRAWINGS       PREPARED BY       NUMBER AND DATE

   SPECIFICATIONS    PREPARED BY       DATE

(If improvements not installed)

   WHEREAS, the Municipal Engineer has reported to Council that his estimate of the cost of the completion of the improvements described in such drawings and specifications is $____________   ; and

   WHEREAS, the Developer has filed with the Clerk of Council:

all of which amounts are in accordance with the estimates reported to Council by the Municipal Engineer and required by the Land Planning and Subdivision Code; and

(If improvements partially installed - alternate form)

   WHEREAS, the Municipal Engineer has reported that ________________________

         (List of improvements installed)

shown on such final plat and described in such drawings and specifications have been satisfactorily completed, and has further reported that his estimate of the cost of the remaining improvements to be installed is $______________ ; and

   (If improvements partially installed)

   WHEREAS, the Developer has filed with the Clerk of Council:

   (If improvements are completely installed)

   WHEREAS, the Municipal Engineer has reported that all of the improvements to the land as shown on such final plat and described in such drawings and specifications have been satisfactorily completed and the Developer has filed with the Clerk of Council the sum of $______________ as a deposit for the pavement maintenance fund, which amount has been estimated by the Municipal Engineer as required; and

   WHEREAS, the Developer by such final plat has offered for dedication for public use certain land for streets, alleys, public grounds and easements, all as shown and described on such final plat;

                        (Usual enacting clauses)