Lorain City Zoning Code
TITLE THREE
Plats and Platting
1111.01 DEFINITIONS.
In this chapter, the terms listed below shall have the intent and meaning as follows:
(a) "Allotment" means a parcel of land subdivided into building lots, streets, alleys and public land.
(b) "Allotter" means the person owning the land allotted or making the allotment.
(c) "Plat" means the plan or drawing of the allotment bearing the signature of those dedicating, approving and accepting the allotment.
(Ord. 186-85. Passed 12-16-85.)
1111.02 REQUIREMENTS OF ACCEPTANCE.
No allotment shall be accepted or plat approved by Council until the stipulations and provisions set forth in this chapter shall have been duly and properly performed or complied with.
(Ord. 186-85. Passed 12-16-85.)
1111.03 PLANNING COMMISSION RULES.
Plats of proposed allotments shall be prepared in accordance with the adopted and approved rules and regulations of the City Planning Commission for the platting of land, for the controlling of the width and alignment of streets, alleys and easements; for the regulating of the size and shape of lots in respect to the Zoning Code and the general welfare of the City, all to be administered and modified in accordance with Ohio R.C. 711.01, et. seq.
The rules and regulations for the platting and allotting of lands referred to in Section 1111.03 are available at the office of the City Engineer.
(Ord. 186-85. Passed 12-16-85.)
1111.04 PLAT APPROVALS.
All plats of proposed allotments presented for acceptance by Council shall first be approved by the City Planning Commission and the City Engineer. The original cloth or mylar tracing of each plat shall be filed in the office of the City Engineer.
(Ord. 186-85. Passed 12-16-85.)
1111.05 PARKS.
(a) The sum of five hundred and twenty-five dollars ($525.00) for each sublet of a subdivision shall be paid to the City for credit into the Parkland Trust Fund. The money shall be paid after final acceptance of the plat by Council, but prior to the Alotter filing the plat for record. Upon approval by the Service Director, the payment may be deferred until issuance of a Certificate of Occupancy. The deferred fees shall represent one hundred and five percent (105%) of the year’s fees as calculated for the year that the certificate of occupancy is granted. When Council requests land in lieu of money, not less than five percent (5%) of the total area of each allotment shall be dedicated for park purposes. The deed for property dedicated to the City for park purposes shall be a fee simple deed free of covenants and restrictions, including reversionary clauses.
(b) Whenever a commercial, business or industrial area is part of any development, two hundred sixty-five dollars ($265.00) shall be paid to the Parkland Trust Fund for each 10,000 square feet of proposed commercial, business or industrial land. Whenever a residential structure consisting of more than two living units is a part of any development, an additional one hundred and thirty dollars ($130.00) per living or rooming unit of such residential structure shall be paid to the Parkland Trust Fund.
(c) Where an allotment presented for acceptance is a portion of a larger allotment, then the five percent (5%), at the option of the City, may be held to apply to the larger area and taken in one piece instead of from each section presented for acceptance, and the proposed park for the larger area shall be dedicated with the first subdivision of the allotment. The five percent (5%) for park purposes shall be exclusive of street, alleys, or other public grounds. However, when in the opinion of the Planning Commission, the five percent (5%) does not make a proper addition to the City’s Park System, the Council may waive the park dedication requirements or accept other consideration in lieu thereof.
(d) The park fees set forth herein shall be adjusted annually by the City Auditor, using the Consumer Price Index and rounding up the amount in five dollar ($5.00) increments.
(Ord. 145-08. Passed 10-6-08.)
1111.06 STREET DEDICATION OUTSIDE FIRST ADDITION AND PRIVATE STREETS.
(a) Where Council has approved a general street plan of an area proposed for allotting and the allotter chooses to improve and plat the area in more than one subdivision and where the street plan contains a proposed through street or main thoroughfare or where certain streets are planned to contain certain main utility lines or where the dedication of streets is necessary for the proper planning of streets in the adjacent areas, then all of such streets in proposed allotments, which are important to the general interest and development of the City, shall be dedicated to public use prior to the acceptance by Council of the first subdivision in the proposed allotment.
The streets may be dedicated on a plat with a minimum scale of one inch equals 100 feet showing streets only, with the exception that such plat should contain the dedication of any proposed park if outside of the first subdivision. The dedication clause on such street dedication plat shall contain an agreement on the part of the allotter, that the allotter will not subdivide for sale any of the land outside of the first subdivision without an approved subdivision plat dividing the land into lots, blocks or parcels.
The requirement for street improvements as contained herein will apply to each of the various subdivisions only as they are submitted for approval and acceptance by Council.
(b) Where a subdivision is proposed to contain private streets, the following shall apply:
(1) All private streets shall be constructed and improved in the same manner as for public dedicated streets and shall be designed and laid out in accordance with these regulations and all specifications and standards of the City.
(2) The design and layout of private streets shall be such as to be self-contained and provide for the circulation of traffic solely within the proposed subdivision.
(3) Council and the Planning Commission shall not approve a plat of a subdivision containing private streets unless the allotter has made provision for the incorporation of a property or land owners's association and/or deed covenants or restrictions to provide for the maintenance of the street system, drainage facilities, sanitary facilities or easements, utilities and provision for the adequate protection of the property owners through contractual services for water supply, fire and police protection, refuse collection and other services where required by Council or the Planning Commission.
Where it is determined by Council that certain contractual services cannot be obtained, the allotter shall, at his own expense, provide for such services as Council deems necessary for the health, safety and general welfare of the property owners abutting said private street.
(4) The developer of a subdivision, in which the streets are not dedicated to public use, shall so indicate on the plat where required statements or signatures are affixed. (Ord. 186-85. Passed 12-16-85.)
1111.07 CERTIFICATE OF TITLE.
Each plat presented to Council, dedicating streets, alleys, or parks, must be accompanied by a certificate of title showing the ownership of lands in the allotment.
(Ord. 186-85. Passed 12-16-85.)
1111.08 LOT CORNER AND SUBDIVISION CONTROL MONUMENTS.
All subdivision lot corners and all sublot corners shall be marked with durable ferrous or magnetic material having a cross-sectional area of two-tenths (0.2) square inches and a minimum length of thirty inches, and proper and sufficient permanent monuments shall be placed within the right-of-way centerlines to make and preserve principal lines and intersections. Monuments shall be so placed as to avoid disturbance by improvement operations. If lot markers are placed before grading is completed, the markers lost during this operation shall be replaced by the allotters.
(Ord. 186-85. Passed 12-16-85.)
1111.09 SEWERS, SIDEWALKS, GRADING AND PAVING.
(a) Before the acceptance of an allotment, or any part thereof, the allotter shall make provisions for the improving of all the streets in the allotment, or portion thereof, by the construction of the necessary storm and sanitary sewers and storm and sanitary sewer house connections; rear yard inlets; inlet connections and swale where required; all sidewalks and all paving including street and alley intersections for both sidewalks and paving, and ADA approved handicap ramps; together with grading all the lots, and the full width of all the street rights-of-way. All of the above work shall be done in accordance with the stipulations of this chapter, with the City standard improvement specifications and construction details and with any minimum construction standards which have been adopted or which may in the future be adopted by the City, and such work shall be done to the full satisfaction of, and be accepted by, the City Engineer.
(b) The full width of all street rights-of-way in each allotment shall be graded from street right-of-way line to street right-of-way line providing proper drainage and uniform subgrades for sidewalks and paving. The grades used shall be according to the grading plan, established or approved by the City Engineer.
(c) All the lots in the allotment shall be graded in such a manner that the entire surface area of each lot can be satisfactorily drained to the streets without the use of sewer pipe drains or ditches located on private property, except where this cannot be accomplished, a “surface swale” (an easily maintained shallow depressed area-sloped to transport surface water) shall be constructed for drainage of more than one lot. This swale shall be protected by proper easements approved by the City Engineer and shown on the final plat. A final grading site plan, approved by the City Engineer, shall be prepared and filed in the City’s map records so that established lot drainage may be maintained.
(d) All storm and sanitary sewer connections for house sewer services shall be installed at the time the main sewer in the street is built, and they shall extend at least to the right-of-way line of the street or two feet beyond any underground utility easement abutting the street right-of-way. The allotter shall bear the entire cost of these connections.
(e) Any of the above improvements may be performed by the allotter in accordance with City specifications therefore and the stipulations herein, and the allotter shall bear the entire cost thereof.
(f) Any of the above improvements may be administered by the City, in which case the allotter shall deposit with the City Auditor, prior to acceptance of the allotment or portion thereof, an amount equal to the City Engineer’s estimated “property portion” of the cost of the improvements; together with the total amount required to pay up the balance of any existing special assessments against the land in the proposed allotment. The “property portion” of cost is that part of the cost charged and assessed against private property, in a manner as provided by law and as directed by Council. Any portion of the deposit remaining after payment of the “property portion” of cost shall be refunded to the allotter, and in case it develops that the actual “property portion” cost is more than the original deposit, then the allotter shall pay to the Auditor an additional amount to cover the actual cost.
(g) In regard to paving, there are two exceptions to the subsection immediately above. First, the allotter shall bear the entire cost of all intersection sidewalks and all roadway pavements, including the cost of street and alley intersections. For the purpose of this section, the minimum City standard hard surfaced type roadway pavement will be considered such roadway pavement as eight-inch Portland cement concrete as detailed in City of Lorain Standard Designs PV-2.0 or the latest revision thereof.
Second, in case the allotter plans immediate building development on at least fifty percent (50%) of the lots in the allotment or when Council is of the opinion that the prospects of immediate building construction in the proposed allotment are such as to justify their action, then Council may pass necessary legislation for construction intersection sidewalks and a standard hard surfaced type pavement in the streets of the allotment and assess the property portion of the cost thereof, as directed by Council, against the lots of the allotment and collect the same with interest in deferred payment from lot owners as provided by law.
(h) The allotter shall work out, with Council and City officials, a schedule or program of procedure in making the above improvements, stating parts of work to be done by the allotter and parts to be administered by the City. Agreements shall be made and entered into by the allotter to perform his part of the work and pay costs thereof and, in connection therewith, he shall furnish such bonds, deposits, or guarantees as may be required by Council or the Safety/Service Director to ensure faithful and proper performance of his work and the payment of the costs thereof. If the allotter fails to commence installation of the aforementioned improvements within three years from the Engineer's approval of the improvement plans, the Engineer's approval of such plans shall be rescinded. A subsequent review and approval by the Engineer shall be required if the allotter desires to proceed with the installation of the improvements at a later date.
In addition thereto, the allotter shall deposit in cash or certified check, with the Auditor, an inspection deposit of three percent (3%) of the estimated cost of the proposed improvement, as estimated by the City Engineer.
The deposit shall be credited to the Allotment Improvement Fund. Upon completion of the
improvement, and after all costs and expenses have been determined, including all City Engineering inspection charges, any overpayment of original deposit by the allotter shall be refunded to the allotter from the Allotment Improvement Fund. Any underpayment shall be due and payable to the Allotment Improvement Fund by the allotter upon receipt of notification by the Safety/Service Director, within two days after notice. The allotter shall also file with Council proper petitions for the parts of the work to be administered by the City and shall deposit, with the City Auditor, the City Engineer's estimated property portion of costs of all work to be administered by the City, all in accordance with the above stipulations and exceptions.
(i) The above procedures may vary to fit conditions, but in all cases the allotter shall, before presenting the final plat for final acceptance by Council, fully complete all improvements which he has agreed to perform, or in lieu of completion, he shall furnish and file with the City Auditor a performance bond in the form of cash, or a performance bond or an unconditional irrevocable letter of credit in the amount of one hundred twenty percent (120%) of the estimated construction cost as approved by the City Safety/Service Director and City Engineer which shall guarantee the completion of the subdivision's physical improvements according to the plans and specifications approved by the City Engineer. Said performance bond or irrevocable letter of credit shall be from a recognized surety company licensed to do business in the State of Ohio, an Ohio commercial bank or other authorized Ohio financial institution acceptable to the Safety/Service Director. Further, any such performance bond or irrevocable letter of credit shall be in an amount sufficient to cover the entire cost to the City to complete all unfinished work as estimated by the City Engineer, thereby securing the actual construction and installation of such incomplete improvements immediately after final approval of the final plat and within the time stipulated in the bond or irrevocable letter of credit for completion.
(j) In case the allotter cannot guarantee the installation of all the above required improvements or does not wish to improve all of the allotment at one time, then only that portion of the allotment in which the completion of all the above required improvements can be guaranteed shall be presented to Council for acceptance. Each such portion of an allotment shall be a separate and complete plat and subject to all the stipulations and controls herein.
(k) All improvements made by the allotter within the dedicated streets, with the exception of the storm and sanitary sewer house connections, located between the roadway pavement and the right-of-way line, shall become public property upon the acceptance of the plat by Council and the acceptance of the improvements by the City Engineer. The allotter hereby guarantees that all installed improvements dedicated to the city for a 3 year period, by way of a bond at 10% of the final costs of the improvements.
(1) Where lot sales or house construction precedes the street paving in an allotment, the allotter shall assume all responsibility to construct and maintain temporary roads as may be required for house construction or to serve residents in the homes constructed until such time as the streets are paved, and he shall do the same at his own cost and expense. This phase of the allotter's work shall be included in the above agreements and the performance thereof shall be guaranteed by a method satisfactory to the Safety/Service Director.
(l) The allotter is responsible for the installation of all stop signs, street signs, pavement markings, approved traffic control devices, and any necessary safety devices, at the cost of the allotter, uniform with any city requirements.
(Ord. 13-17. Passed 2-6-17.)
1111.10 WATER.
A written agreement shall be made and entered into with the Lorain Water Works Department and the Safety Department for the installation of the water mains, services, and fire hydrants deemed necessary or required in accordance with City standards to properly serve the proposed allotment. The agreement shall state the work to be done, the portion to be financed by the allotter, the charges to be made by the Water Department for their portion of the work, and, if refunds are to be made, the terms for reimbursing the allotter for the portion of the work financed by him.
(Ord. 186-85. Passed 12-16-85.)
1111.11 GAS AND ELECTRIC SERVICE, INCLUDING STREET LIGHTING.
Agreements shall be made with utility companies for the furnishing of gas and/or underground electric service, including street lighting, which agreement shall state the time, conditions and specifications for service and street lighting extensions. Definite evidence and proof shall be shown to Council that gas mains and underground electric lines, including street lighting will be installed in the allotment within reasonable time so that all lots will be served and all street lighted. All underground lines must be installed before streets are paved.
(Ord. 43-90. Passed 5-8-90.)
1111.12 STATE LAW PROVISIONS.
In addition to the regulations and controls of new allotments and the subdivision of land required by this chapter, all allotters will be subject to the controls, regulations and laws set forth in Ohio R.C. 711.01 et seq., and will be subject to civil action by the City for the violation of any of the provisions of this chapter or such Sections of the Ohio Revised Code.
(Ord. 186-85. Passed 12-16-85.)