Macedonia City Zoning Code
TITLE ONE
Subdivision Regulations
1101.01 SHORT TITLE AND TERRITORIAL LIMITS.
(a) Short Title. Title One of this Part Eleven - Planning and Zoning Code shall
be known and may be cited as the "Subdivision Regulations of the City of Macedonia, Ohio."
(b) Territorial Limits. The rules and regulations governing plats and subdivisions of land contained herein shall apply within the corporate limits of the City of Macedonia, Ohio. (Ord. 46-1962. Passed 8-17-62.)
1101.02 INTERPRETATION AND PURPOSE.
(a) Interpretation. The provisions of these Subdivision Regulations shall be held to be the minimum requirements adopted for the promotion of health, safety and welfare of the people of Macedonia, Ohio. These Regulations are not intended to repeal, abrogate, annul or in any manner interfere with any existing laws, zoning ordinances, covenants or rules provided, however, where these regulations impose a greater restriction than is required by such existing laws, covenants or rules, the provisions of the regulations shall govern.
(b) Purpose. The provisions herein set forth are adopted to secure and provide for the coordination of streets within the subdivision with existing streets, roads or highways; for the proper amount of open spaces for traffic, circulation and utilities; and for the avoidance of future congestion of population detrimental to the public health, safety or welfare; to provide for the construction of streets, and other facilities deemed necessary or appropriate in the public interest; to insure and promote sound community growth; to protect against deterioration and obsolescence; and to safeguard the interests of the owners or occupants of property, the subdividers and local government.
(Ord. 46-1962. Passed 8-17-62.)
1101.03 MANDATORY REQUIREMENTS AND AUTHORITY.
The statutory provisions of Ohio R. C. 711.101 et seq., prescribe certain mandatory requirements and penalties concerning the platting of land in the State of Ohio; and in addition, authorize and enable municipal corporations through the Planning Commission and Council to adopt and enforce local regulations and standards for the control and guidance of platting and installation of improvements precedent to the mandatory recording of the plat in the office of the County Recorder.
(Ord. 46-1962. Passed 8-17-62.)
1101.04 APPROVING AGENCY.
These Regulations shall be administered by the Planning Commission acting in lieu of the governing body, except as may be otherwise provided in these Regulations.
(Ord. 46-1962. Passed 8-17-62.)
1101.05 JURISDICTION.
These Regulations shall be applicable to any person engaged in the platting, transfer or recording of land and more particularly to the owner or agent of the owner engaged in the division or improvement of land as a subdivision and in platting or the replatting of land; wherever such land may be situated within the corporate limits of the City.
(Ord. 46-1962. Passed 8-17-62.)
1101.06 CONFORMITY OF SUBDIVISION.
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 these Regulations. (Ord. 46-1962. Passed 8-17-62.)
1101.07 RECORDING OF PLAT.
No plat of any subdivision shall be recorded in the County Recorder's office or have any validity until it shall have been approved in the manner prescribed in these Regulations. In the event any such unapproved plat is recorded, it shall be considered invalid and Council shall institute proceedings to have the plat stricken from the records of Summit County, Ohio.
(Ord. 46-1962. Passed 8-17-62.)
1101.08 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 by the use of a plan or plat of a subdivision before such plat or plan has been approved and recorded in the manner prescribed herein. 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 and transferring shall not exempt the transaction from the provisions of these Regulations.
(Ord. 46-1962. Passed 8-17-62.)
1101.09 AMENDMENTS.
These Regulations may be amended from time to time as provided by law.
(Ord. 46-1962. Passed 8-17-62.)
1105.01 DEFINITIONS.
For the purpose of these Regulations, certain words are defined as follows:
(a) "Building setback line" means the line indicating the minimum horizontal distance between the street line and building or any covered porch extending in front of the main foundation wall, not including steps.
(b) "City Engineer" means the City Engineer or other designated person or persons officially authorized to represent the City in this capacity.
(c) "Planning Commission" means the Planning Commission of Macedonia, Ohio.
(d) "Easements" means a grant by a property owner of the use, for a specific purpose or purposes, of a strip or parcel of land to the general public, a corporation, or to a certain person or persons.
(Ord. 46-1962. Passed 8-16-62.)
(e) "Lot, sub-lot or in-lot" means a piece or parcel of land abutting on a street (with the exception that lots in a multiple family or planned unit development may be excluded, by Conditional Use Permit from the Planning Commission, from the requirement to abut a public street) whose area is sufficient to furnish an appropriate building site for the intended use in conformity with the requirements of the Zoning Ordinance and these Regulations and is shown in the final record plat.
(Ord. 69-1990. Passed 7-19-90.)
(f) "Out-lot or fractional lot" means a piece or parcel of land forming a part of the tract but being withheld and not intended as an in-lot but shown on the final plat record.
(g) "General Plan or Master Plan" means the comprehensive plan or a part thereof as adopted by the Planning Commission; providing recommendations for the location and development of major thoroughfares or local streets, public parks, building sites and utilities; and indicating other community objectives.
(h) "Land Use Plan" means the Zoning Ordinance until such a plan is developed and adopted.
(i) "Major Thoroughfare Plan" means the official plan of highways, primary and secondary thoroughfares and parkways, adopted by the Planning Commission, and including the proposed opening, widening or extension of any streets or roads as may have been declared necessary by Council in the public interest.
(j) "Park and Playground Plan" means the official plan of parks, playgrounds or other open public grounds, designated as such on the Land Use Plan adopted by the Planning Commission.
(k) "Collector street" means a street intended to serve and to provide access to neighborhoods or subneighborhoods.
(l) "Major street" means a street with the primary function to provide access to the community and/or to the major portions thereof.
(m) "Minor street" means any street not a highway, primary or secondary thoroughfare, parkway or collector streets and intended to serve and to provide access exclusively to the properties abutting thereon.
(n) "Private street" means a street which has not been accepted and confirmed by Council for public use.
(o) "Alley or service drive" means a passage or way affording generally a secondary means of vehicular access to abutting properties and not intended for general traffic circulation.
(p) "Plat" means a map of a tract or parcel of land.
(q) "Final plat" means the final map, drawing or chart on which the subdivider's plan of subdivision is presented to the Planning Commission and Council for approval, and which, if approved, will be submitted to the County Recorder for recording.
(r) "Subdivision" means:
(1) The division of any parcel of land shown as a unit or as contiguous units on the last preceding tax roll, into two or more parcels, sites or lots, any one of which is less than five acres for the purpose, whether immediate or future, of transfer of ownership; provided, however, that the division or partition of land into parcels of more than five acres not involving any new streets or easements of access, and the sale or exchange of parcels between adjoining lot owners, where such sale or exchange does not create additional building sites, shall be exempted; or
(2) The improvement of one or more parcels of land for residential, commercial or industrial structures or groups of structures involving the division or allocation of land for the opening, widening or extension of any street or streets, except private streets serving industrial structures; the division or allocation of land as open spaces for common use by owners, occupants or leaseholders or as easements for the extension and maintenance of public sewer, water, storm drainage or other public facilities.
(s) "Person" means any person, firm, partnership, association, corporation, company or organization of any kind.
(t) "Subdivider" means a person, firm or corporation who has applied for approval of or has duly recorded a plat for the subdivision of a tract of land.
(u) "Architectural Board of Review" means a Board established by Council with the authority to exercise the powers and perform the duties provided in the enabling legislation creating such Board.
(v) "Preliminary Plan" means the preliminary drawings indicating the proposed layout of a subdivision to be submitted to the Planning Commission for its approval. (Ord. 46-1962. Passed 8-17-62.)
(w) "Outdoor display" means the display of merchandise for sale in an outdoor area associated with a retail establishment that is open to the general public. The merchandise on display shall be removed from its shipping packaging and be representative of merchandise that is available for purchase inside the building and/or available for purchase by the general public directly from the outdoor display area. The outdoor display and storage of automobiles for sale or lease associated with an automobile dealership is excluded from this definition.
(x) "Outdoor Storage" means keeping, in an area outside of a building, any goods, material, merchandise, or vehicles in the same place for more than twenty-four (24) hours except for merchandise placed in an area for outdoor display (see definition for "Outdoor Display"). Outdoor Storage includes waste material in containers except for incidental accessory trash receptacles which are excluded from this definition. Storage of automobiles for sale or lease associated with an automobile dealership is excluded from this definition.
(Ord. 65-1999. Passed 10-14-99.)
1109.01 INITIAL REVIEW.
Prior to the preparation of the preliminary plan, the subdivider shall seek the assistance of the Planning Commission in order to become familiar with the subdivision requirements and with the major street plans and maps affecting the territory in which the proposed subdivision is located.
(a) Purpose. The purpose of the preliminary plan is to show all the facts which may enable the Planning Commission and other public officials to determine whether the proposed layout of the land is satisfactory from the standpoint of the public interest.
(b) Layout. The layout shall be made by a qualified technician, trained in the design and planning of subdivision developments.
(c) Layout Requirements. All required engineering and surveying work must be performed by or under the supervision of a registered engineer or surveyor in accordance with the provisions of the Engineers and Surveyors Registration Act, Ohio R. C. Chapter 4733.
(d) Commencement of Work. The subdividers shall not proceed with any work on the proposed subdivision, including grading, which may affect the arrangement of streets, utilities or changes the natural course of surface drainage, until he has obtained the acceptances and approvals required pursuant to Section 1113.02. (Ord. 35-1984. Passed 6-14-84.)
1109.02 FILING.
The subdivider or his agent shall submit to the Planning Commission at least eight legible, readable prints of the preliminary subdivision layout and supporting drawings for the installation of the required improvements. The Commission shall submit the preliminary documents to the City Engineer, Summit County General Health District, Planning Consultant, or other official as may be involved for report thereon.
(Ord. 46-1962. Passed 8-17-62.)
1109.03 DEPOSIT.
(a) At the time of filing the application for the approval of any plat, or at the time plans and specifications for any improvement or improvements are submitted to the Planning Commission for approval, there shall be deposited with the Finance Director an amount of money sufficient in the opinion of the Planning Commission to cover the cost and expense of such investigations as may be necessary to determine whether such proposed allotment conforms to the Subdivision Regulations or that its improvements have been made or are being installed in accordance with the requirements of these Regulations and the plans and specifications approved by the City Engineer.
(b) The cost and expense of such investigations made by the Planning Commission, City Engineer or his assistants shall be paid from such deposit upon itemized bills rendered by the City Engineer and Planning Commission. In case such expenditures exceed the deposit, the excess shall, upon demand by the Planning Commission, be paid by the owner forthwith into the City Treasury. In case the deposit exceeds such expenditures, the balance will be refunded to the applicant within a reasonable time after the completion of such investigations.
(Ord. 46-1962. Passed 8-17-62.)
1109.04 APPROVAL.
(a) The Planning Commission shall then consider the preliminary plans with the reports and either approve, disapprove or withhold formal action thereon within such further time as the applying party may agree to. The ground for refusal or approval, including citation of or reference to the rule or regulation violated, shall be stated upon the records. The Planning Commission will normally indicate its tentative approval by notation on one copy of such plans for the Subdivider's records.
(b) Approval of the preliminary plan shall be effective for a maximum period of twelve months unless, upon application of the developer, the Planning Commission grants an extension. If the final plan has not been recorded within this time limit, the preliminary plan must again be submitted to the Planning Commission for approval.
(Ord. 46-1962. Passed 8-17-62.)
1109.05 FORM AND SIZE.
The preliminary plan shall be clearly and legibly drawn. The size of maps shall not be less than eight and one-half by eleven inches nor more than thirty-six by forty-eight inches. Subdivisions of six acres or less shall be drawn at a scale of one inch equals fifty feet. All others shall be drawn at a scale of one inch equals 100 feet, unless otherwise authorized by the City Engineer.
(Ord. 46-1962. Passed 8-17-62.)
1109.06 CONTENTS.
The preliminary plan shall contain the following information:
(a) Proposed name of subdivision. The name shall not duplicate any other recorded plan or subdivision in the City or County.
(b) Tract designation according to real estate records of the County; and approximate acreage within the subdivision.
(c) Lot lines, approximate dimensions and lot numbers.
(d) Name and addresses of subdivider, owner and surveyor.
(e) Scale of plan, north point and date.
(f) Boundaries of subdivision indicated by a heavy line with the approximate dimensions and bearings thereof.
(g) Location, widths and names of existing or proposed streets, railroad right-of- way, easements, parks, permanent buildings, section and corporation lines. New street names shall not duplicate any existing street names within the City.
(h) Names of adjacent subdivisions and owners of adjoining parcels of unsubdivided land.
(i) Zoning classification and district boundaries; proposed front yard building setback lines.
(j) Existing contours with intervals of not more than five feet where the slope is greater than ten percent (10%) and not more than two feet where the slope is less than ten percent (10%). However, one foot contours are recommended and will be required in relatively flat topography. Elevations shall be based on sea level datum.
(k) High water elevations in the vicinity of streams or lakes; exact location and character of any swamp or marsh lands.
(l) Drainage channels, wooded areas, power transmission poles and lines, all other utilities and any other significant physical features.
(m) Location Plan Information required in subsections (c), (f), (g), (i), (k) and (l) hereof, shall be provided for areas within and adjacent to the tract.
(Ord. 46-1962. Passed 8-17-62.)
1109.07 REQUIRED INFORMATION.
(a) A statement of the proposed use of the building sites or lots so as to reveal the type of residential development with the number of dwelling units; type and extent of business, industry, institution or other structures and their effect on traffic flow through streets, public service facilities, fire or health hazards or congestion of population.
(b) Any existing or proposed covenants and restrictions.
(c) Source of water supply; provisions for sewage disposal and storm drainage.
(d) All parcels of land intended to be dedicated or temporarily reserved for public use, or to be reserved in the deeds for the common use of property owners in the subdivision, with the purpose, condition, or limitations of such reservations, indicated.
(Ord. 46-1962. Passed 8-17-62.)
1113.01 CONFORMITY WITH PRELIMINARY PLAN.
The final plat of the subdivision shall conform to the approved preliminary plan. It may constitute only that portion of the preliminary plan which the subdivider proposes to record and develop at that particular time, provided that such portion conforms with all the requirements of the Subdivision Regulations.
(Ord. 46-1962. Passed 8-17-62.)
1113.02 FILING.
(a) After receiving notice from the Planning Commission that the preliminary plan has been approved, the subdivider may then proceed to prepare and file with the City Engineer:
(1) Copies of the final plat of subdivision as required and specified herein.
(2) Street cross-sections, profiles, specifications and other construction drawings for installation of the required public improvements.
(3) Inspection fees as hereinafter set forth.
(4) Title insurance in the amount of one thousand dollars ($1,000), meeting the approval of the Law Director, covering the lands to be dedicated, showing the title to such dedicated streets or land good in the name of the City.
(5) Construction agreement, performance bond and maintenance bond as required and specified herein:
A. Should it not be desirable or possible for the subdivider to do all the work herein required to place the streets and other improvement in an acceptable condition prior to the submission of the final plat to the Planning Commission for approval, then such final plat may nevertheless be approved, provided that a construction agreement, performance bond and maintenance bond acceptable to the Law Director is given for the purpose of assuring the installation of such improvements deemed by the Planning Commission to be necessary and appropriate in the public interest. The amount of such performance guarantee shall be sufficient to cover the cost of all improvements or uncompleted portions thereof, based on an estimate furnished or acceptable to the City Engineer and satisfactory to the Planning Commission. Such performance agreement and security may be made under such conditions and time limitations as the Planning Commission may determine; or
B. In the event the subdivider desires to complete the required improvements or a part thereof, before seeking final plat approval, he must prepare and file with the City Engineer all of the above listed plat requirements including the execution of the Construction Agreement, but the subdivider need not post the Performance Bond. Construction under this latter procedure shall be withheld until after the Planning Commission has reviewed all of these required final plat documents and has formally authorized the subdivider to construct and install the improvements subject to further certification by the City Engineer and final plat approval set forth herein. Upon completion of the streets and other required improvements, application may be made to the City Engineer, for certification that all such improvements as specified in the Agreement have been satisfactorily installed.
(b) As an alternative, and together with copies of the final plat and the title insurance referred to above, the subdivider may petition Council for the construction of all improvements and the levying of special assessments to pay costs thereof. The petition shall:
(1) Describe in specific terms the kind of improvements to be constructed and the location and termini of such improvements;
(2) Be signed by the subdivider and each owner of each property to be assessed for the improvement and, to the extent known, by the prospective owners of such property;
(3) Waive the procedural requirements of Ohio R. C. Chapter 727 and all resolutions, ordinances, hearings and notices for the making of such improvements and the levying of special assessments to pay costs thereof;
(4) Set forth what portion, if any, of the cost of the improvement the City will assume;
(5) State whether the improvements are to be installed all at once or, with the approval of the Engineer and the Commission, whether portions of the improvements may be installed as determined by the Engineer and Commission to be desirable; and,
(6) Contain such other provisions as counsel for the City may determine to be appropriate for the proper safeguarding of the City's interests.
The procedure in this subsection shall not be utilized unless accepted by Council. The final plat shall not be deemed submitted for final approval of the Planning Commission, nor shall it be so approved by the Planning Commission, until the petition is accepted by Council. (Ord. 35-1984. Passed 6-14-84.)
1113.03 APPROVAL.
The City Engineer shall distribute copies of the final drawings to such officials as may be involved, for report thereon. When the City Engineer is satisfied that the final plat documents are completed he shall submit such documents to the Planning Commission with the reports and his recommendations thereon. The Planning Commission either approves, disapproves or may withhold formal action thereon within such further time as the applying party may agree to. The Planning Commission's approval shall be indicated by notation on the tracing of the final plat. If disapproved, the ground for disapproval of the final plat of subdivision shall be stated on the record of the Planning Commission, including reference to the regulation or regulations violated by the plat.
(Ord. 46-1962. Passed 8-17-62.)
1113.04 TIME LIMIT.
Approval of the Planning Commission required by this chapter, or the refusal to approve, shall take place within thirty days after the submission of the final plat by the City Engineer to the Planning Commission for approval, or within such further time as the applying party may agree to; otherwise such plat is deemed approved, and the certificate of the Planning Commission, as to the date of the submission of the plat for approval and the failure to take action thereon within such time, shall be issued on demand and shall be sufficient in lieu of endorsement or other evidence of approval required by these Regulations. The ground of refusal or approval of any plat submitted, including citation of or reference to the rule or regulations violated by the plat, shall be stated upon the records of the Planning Commission. (Ord. 46-1962. Passed 8-17-62.)
1113.05 APPROVAL NOT AN ACCEPTANCE OF DEDICATION.
Approval of a plat by the Planning Commission shall not be an acceptance by the public of the dedication of any street, highway or other way or open space upon the plat.
(Ord. 46-1962. Passed 8-17-62.)
1113.06 ACCEPTANCE OF STREETS.
The City Engineer shall not approve a plat constituting an acceptance of a street for public use by the City as provided in Ohio R. C. 711.091 until such time as Council has enacted an ordinance accepting such street or streets for public use by the City.
(Ord. 46-1962. Passed 8-17-62.)
1113.07 RECORDING OF PLAT.
(a) The final plat of the subdivision, when approved by the Planning Commission, shall have such approval endorsed thereon, whereupon such tracing shall be retained by the City until it is delivered to the County Recorder for record. One photolithoprint or other acceptable reproduction of the recorded plat shall be obtained for the record file of the City Engineer.
(b) All fees required in connection with the recording or reproduction of such plat shall be paid by the subdivider.
(Ord. 46-1962. Passed 8-17-62.)
1113.08 FORM AND SIZE.
The final plat of the subdivision shall be clearly and legibly drawn in India ink on tracing cloth or other acceptable material. The size shall be eighteen by twenty-four inches and the scale shall be one inch equals fifty feet or one inch equals one hundred feet unless otherwise specified by the City Engineer.
(Ord. 46-1962. Passed 8-17-62.)
1113.09 MAP CONTENTS.
The final plat shall contain the following information:
(a) Name of the subdivision, location by City, village, township, section, original lot, County, State, scale, date and north point.
(b) Tract and plat boundary lines, with length of courses to 1/100 foot and bearings to minutes. When required by the City Engineer all calculations and field notes shall be submitted for review.
(c) Bearings and distances to the nearest established street lines, section corners or other recognized permanent monuments.
(d) City, village, township, County, original lot or section lines accurately tied to the lines of the subdivision by distances and bearings.
(e) Names and right-of-way width of each street.
(f) Length of all arcs, chords and chord bearings, radii, internal angles, tangents, points of curvature and tangent bearings.
(g) All easements for rights-of-way provided for public services or utilities, and any limitations of such easements.
(h) All easements of access or open spaces established for common use of the occupants or owners, within the plat.
(i) Accurate outlines of any areas to be dedicated or temporarily reserved for public use with the purpose indicated thereon.
(j) Precise location and description of all monuments.
(k) All lot numbers and lines to identify each in-lot or site. All in-lots, out-lots or fractional lots within such plat; with precise property dimensions in feet and hundredths, and with bearings or angles to street and alley or crosswalk way lines. All in-lots or sites shall be numbered consecutively starting with the number one or with the next larger number in case of an addition to an already recorded plat by the same owner. In case of replat or the vacation of a plat, the developer shall consult with and follow the instructions of the County Recorder or Auditor as may be involved.
(l) Minimum or intended building setback lines on all sublots or sites.
(m) Protective covenants shall normally be shown on the plat or they may be recorded as a part thereof in the form of a separate instrument provided appropriate reference thereto is plainly shown on the plat.
(n) Certification by a registered surveyor to the effect that the plat represents a correct survey made by him and that all the monuments shown thereon actually exist and that their location, size and material are as shown.
(o) A notarized certification by the owner or owners, of his or their adoption of the plat, and dedication of streets and/or other areas as public open spaces.
(p) Space for statement of approval by the Planning Commission.
(q) All of the above required signatures shall be written with India ink.
(Ord. 46-1962. Passed 8-17-62.)
1117.01 GENERAL REQUIREMENTS.
(a) Conformity with Major Thoroughfare Plan. The arrangement, character, width, grade and location of all streets shall conform to the Major Thoroughfare Plan System for the opening, widening or extension of any street, road or major thoroughfare as adopted by the Planning Commission or otherwise by ordinance of Council, in the public interest. Whenever a tract, to be subdivided, includes any part of such thoroughfares as approved or shown on the adopted plan such part shall be dedicated to the public for street purposes by the subdivider.
(b) Continuation of Existing Street. Proposed streets shall, as near as practicable, provide for the continuation, connection or projection of streets in surrounding areas; or conform to the plan for the neighborhood as may have been adopted by the Planning Commission.
(c) Circulation. The street pattern shall provide ease of circulation within the subdivision, but the minor streets therein shall be so laid out that their use by through traffic will be discouraged. Insofar as practical, the street arrangement should provide proper access to schools, playgrounds, transportation and other community features. New street openings shall generally be prohibited within 600 feet of any major intersection or crossing such as those formed by a railroad and a highway, two or more highways or from the head of any major bridge, grade separation structure or like facilities, as measured along the center line from the intersection or from such structures.
(d) Street Intersections. Streets shall intersect one another at an angle as near to a right angle as possible, and no intersection of streets at angles less than sixty degrees shall be approved.
(e) Street Jogs. Street jogs shall be avoided whenever possible. However, where permitted, those over ten feet shall be at least 125 feet apart as measured along the center line off-sets.
(f) Half Streets. Half streets shall be prohibited. In case a half street is adjacent to a tract to be subdivided, the other half of the street shall be platted within such tract.
(g) Topographical and Cultural Features. In sloping terrain, streets shall generally run parallel to the contour of the land or preferably cross at a slight angle therewith. The general objectives are to avoid steep street grades; heavy concentrations of storm surface runoff; abnormal differential in building elevations at opposite sides of the street; and excessive grading operations. Appropriate treatment shall be given to encourage the preservation of existing views, wooded areas, creeks and other attractive natural features of the plat.
(h) Alleys. Alleys in residential developments shall generally be prohibited. Service driveways will be required in commercial and industrial developments, except where other provisions for suitable access and off-street loading and unloading is assured.
(i) Portion of Tract. Where the plat to be submitted includes only a part of the tract owned by the subdivider, the Planning Commission may require topography and a sketch layout of the future street system on the unsubdivided portion.
(j) Dead-end Streets. Dead-end streets, designed to be so permanently, shall be prohibited. In case where a street over 150 feet in length is to be temporarily stub-ended, an interim turnaround will be required. A notation shall be placed on the final recorded plat that such temporary or interim turn-around area shall automatically be vacated upon authorized extension and construction of the street. The terminal end shall be extended to the boundary lines of the subdivision.
(Ord. 46-1962. Passed 8-17-62.)
(k) Cul-de-sac Streets.
(1) Serving industrial or business developments. The length of a cul-de-sac street shall normally not be greater than 1500 feet, as measured from its intersection with another street to the start of the circular turnaround area. Longer cul-de-sac streets will be considered on an individual basis by the Planning Commission if emergency access is provided to another street.
(2) Serving residential developments. The length of a cul-de-sac shall normally not be greater than 600 feet as measured from the intersection with another street to the start of the circular turnaround area. Longer cul-de-sac streets will be considered on an individual basis by the Planning Commission. If the length exceeds 1500 feet, an emergency access may be required to another street.
(Ord. 3-1990. Passed l-11-90.)
(l) Relation to Major Streets. Where a subdivision abuts or contains an existing or proposed arterial street, involving heavy volumes of high speed vehicular traffic, the Planning Commission may require marginal collector streets, a non-access reservation along the real property line, and other treatment as may be necessary for adequate protection of the proposed industrial, commercial or residential development to assure separation of through and local traffic. Before requiring any marginal streets or reverse frontage arrangements the Planning Commission shall take into account and decide upon the physical location of the major public utility lines as they relate to the existing and potential development along both sides of the highway.
(m) Development Along Railroads. Industrial, commercial or residential building sites along railroads should normally have extra lot depth to permit deep setbacks for such building development and uses. The streets or roads serving such 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.
(n) Public Sites and Open Spaces.
(1) Where a proposed park, playground, school or other public use shown in the General Plan is located in whole or in part in a subdivision, the Planning Commission may require the dedication or reservation of such area within the subdivision in which the Planning Commission deems such requirement to be reasonable. If not dedicated, such lands may be thus reserved for acquisition by the City or Board of Education of the Local School District within a period of two years by purchase or other means.
(2) Where held appropriate by the Planning Commission, open spaces constituting a reasonable proportion of the gross acreage of the subdivision, not less than ten percent (10%), suitably located and of adequate size for parks, playgrounds, schools, or other public purposes for local or neighborhood uses, shall be provided for in the proposed subdivision. Such land shall be left in condition acceptable to the Planning Commission.
(Ord. 46-1962. Passed 8-17-62.)
1117.02 DIMENSIONAL STANDARDS.
(a) Typical Street Standards. The Planning Commission will determine the required minimum dimensional standards of all rights-of-way, pavements, sidewalks, and other public improvements but shall consider the advice and recommendations of the City Engineer in doing so. The typical street requirements shall be as follows:
(1) Major thoroughfare.
A. The right-of-way width shall be as provided in these Subdivision Regulations. As the geometrical design, pavement and right-of- way widths may vary considerably over that of a typical minor street, the Planning Commission shall decide upon the pavement width and the portion of the major street construction that shall be done by the developer. In doing so, the Planning Commission shall take into account the location, extent and character of the proposed development; the probable number of anticipated employees; the degree to which the proposed lots or land use is to be serviced from or otherwise has access on the major streets; and the extent of vehicular traffic that may be generated upon such major thoroughfare or thoroughfares. The Planning Commission, in determining the amount of participation that shall be made by the subdivider shall also take into account the cost and participation involved in the trunk sewers and possible extra cost in length of service connections, driveway aprons, etc.
B. One hundred-foot right-of-way; thirty-seven foot pavement including curb and gutter; five foot sidewalks at property line.
(2) Collector streets within residential development. Sixty foot right-of-way including deadend segments; twenty-seven foot pavement, including curb and gutter; five foot sidewalks at property line. The Planning Commission may authorize the extension of already established or dedicated streets having a fifty foot right-of-way width.
(3) Minor streets. Fifty foot right-of-way; twenty-seven foot pavement including curb and gutter; four foot sidewalks at property line.
(Ord. 46-1962. Passed 8-17-62. )
(4) Cul-de-sac streets.
A. Serving Business or Industrial Developments. A sixty foot right of way; twenty-seven foot pavement including curb and gutter. The permanently closed end shall be provided with a turnaround having an outside roadway radius of fifty feet, and a street property line radius of at least sixty feet.
B. Serving Residential Developments. A fifty foot right of way; twenty-seven foot pavement including curb and gutter; four foot sidewalks at the property line. The permanently closed end may be required with a turnaround having an inside roadway radius of twenty-one feet, and shall have an outside roadway radius of forty-three feet, and a street property line radius of fifty-five feet. (Ord. 3-1990. Passed 1-11-90.)
(5) Marginal collector streets abutting a major thoroughfare. Forty foot right-of-way; twenty foot pavement with curb and gutter on development side; one five foot sidewalk.
(6) Alleys. Twenty-four foot right-of-way; twenty foot pavement with four foot space for utilities.
(7) Crosswalks. Twenty-five foot right-of-way; at least five foot paved walkway along centerline.
(8) Easements. Easements across lots or centered on rear or side lot lines shall be provided for utilities where necessary and shall be at least ten feet wide. Easements shall also be provided for water courses, channels, or streams and shall be adequate for the purpose.
(b) Grades. Minimum grades on any street shall be one-half of one percent (.5%) at gutters for purposes of drainage and not more than six percent (6%) for major thoroughfares nor eight percent (8%) for minor streets where feasible. Streets shorter than 600 feet shall be not more than twelve percent (12%).
(c) Street Alignment.
(1) Vertical. The profile grades for major streets shall be connected by vertical curves of a minimum length equivalent to at least forty times the algebraic difference between the rates of grade, expressed in feet per hundred for secondary and minor streets, at least twenty times.
(2) Minimum horizontal-radii of center line curvature.
Street Degrees Feet
Major 12 475
Secondary 19 300
Minor 28 200
Cul-de-sac 58 100
A tangent at least 100 feet long shall be introduced between reverse curves on major or collector streets and at least fifty feet on minor streets.
(3) Visibility. Minimum vertical visibility, measured four and one-half feet eye level to eighteen inches tail light, shall be:
A. 500 feet on main thoroughfares;
B. 300 feet on secondary thoroughfares;
C. 200 feet on minor streets; and
D. 100 feet on streets shorter than 600 feet.
Minimum horizontal visibility shall be:
A. 300 feet on main thoroughfares;
B. 200 feet on secondary thoroughfares; and
C. 100 feet on all other streets, as measured on such center lines.
(d) Intersections. Property lines at street intersections shall be rounded with a radius of at least thirteen feet and curbs or edges of street pavements shall be rounded by radii of at least twenty-five feet for residential, and fifty-two feet for industrial or major street intersections. (Ord. 46-1962. Passed 8-17-62.)
1117.03 BLOCKS AND LOTS.
(a) Blocks.
(1) Block lengths should usually not exceed 1600 to 1800 feet, or be less than 600 feet. Pedestrian crosswalks may be required under certain conditions, but should be avoided through proper block length and street arrangement whenever possible.
(2) The width of a block shall normally be sufficient to allow two tiers of lots, or to provide building sites suitable to the special needs of the type of use contemplated.
(3) The depth and width of properties laid out or reserved for commercial and industrial purposes shall be adequate to provide for the off-street parking and service facilities required by the type of use and development contemplated. The permanent reservation of suitable buffer and easement areas may be required, where deemed essential. Such areas shall normally be made a part of abutting lots or building sites.
(b) Lots.
(1) 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. A length and width ratio of approximately two to one is considered desirable. Lot depth in relation to width shall normally not exceed a ratio of three to one.
(2) Lot dimensions. Lots shall conform in size to at least the minimum area and width requirements specified in the Zoning Ordinance of the particular Use District in which located. Business and industrial sites should be sufficient in width and depth to allow for proper vehicular access and appropriate parking area and spacing.
(3) Corner lots. Corner lots for residential use shall normally be platted wider than interior lots to permit appropriate building setback from and orientation to both streets.
(4) 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.
(5) Double frontage lots. Double frontage lots shall be avoided except where essential to provide separation of residential development from major arteries or specific disadvantages of topography.
(6) Building setback line.
A. Building setback lines shall conform to the requirements specified in the Zoning Ordinance for the Use District in which located.
B. The established setback for detached accessory buildings at the rear or a corner lot shall not be closer to the street than the existing or established setback line for the main building on the adjoining butt lot, unless otherwise set forth in these Regulations.
(7) Access to streets. Every lot shall abut on a public street.
(Ord. 46-1962. Passed 8-17-62.)
1121.01 COMPLIANCE REQUIRED.
Unless the developer shall have petitioned Council for the construction of improvements and the levying of special assessments to pay costs thereof and Council shall have accepted the petition, or unless otherwise expressly indicated, each developer shall comply with the requirements herein. The developer, 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 as set forth in the Subdivision Regulations. Further, the subdivider shall agree at his own cost and expense to do all the work, 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.
(Ord. 35-1984. Passed 6-14-84.)
(a) Minimum Required Improvements. The minimum which the subdivider will be required to make or enter into agreement to make in a subdivision prior to the approval of the final plat by the Planning Commission, shall include grading, paving, constructing concrete curb and/or curb and gutter, constructing storm and sanitary sewers and water lines where necessary, constructing sewer laterals and water services where necessary, constructing sidewalks and driveway approaches where necessary, and all other appurtenances incidental thereto, and street trees as required herein. All of these improvements shall be carried out in full compliance with the specifications for each of the various units of work as required by the proper authority, according to the nature of the improvement. No final grading or sidewalk or pavement construction or installation of utilities shall be permitted in the bed of any proposed street, until the street grade has been officially established and the preliminary plat approved by the Planning Commission. Nothing in these Regulations shall be construed to prohibit the subdivider from constructing higher type of improvements than required by the City. (Ord. 24-1987. Passed 5-14-87.) .
(b) Specifications, Supervision and Inspection. The specifications of the City shall in all respect govern all construction work. The work shall be done under City supervision and inspection. It shall be completed within the time fixed or agreed upon in the Construction Agreement.
(c) Inspection Costs. The cost of City inspection shall be paid by the subdivider, and an amount of money estimated by the City Engineer for such purpose shall be deposited in advance with the Finance Director or otherwise provided for in the Construction Agreement and bond requirements hereinbefore mentioned. The required fee shall normally be not less than two percent (2%) and nor more than four percent (4%) of the total estimated cost of the required improvements.
(d) Recommendation and Approval. The City Engineer shall recommend to the Planning Commission that such plat, be approved whenever the required improvements are properly made or otherwise secured, and if it otherwise conforms to these Regulations.
(Ord. 35-1984. Passed 6-14-84.)
1121.02 STREET REQUIREMENTS.
(a) Conformity. Streets and sidewalks shall be constructed so as to serve the entire subdivision and such installation shall conform to the provisions of the General Plan and in accordance with applicable standard specifications of the City.
(b) Widening, Improving, Etc. In the case where widening, improving or abandoning of existing streets is deemed necessary by the City, the subdivider shall perform such work as is necessitated at his own expense, unless the subdivider complies with Section 1113.02(b).
(c) Minimum Road Construction Requirements for Major Thoroughfare. The pavement shall be a minimum of thirty-seven feet in width measured back to back of concrete curbs. The following is a minimum design based on a soil subgrade of Type A-6a having a group index of 9. Any soils testing with a less bearing capacity of that indicated will require an increase in the structural design of the pavement.
(1) Subbase compacted as per ODOT No. 203.
(2) Granular Base: Three inches of No. 703.08.
(3) Asphaltic Base: Nine and one-half inches of No. 301.
(4) Wearing Surfaces:
one and one-fourth inches of No. 402.
one and one-fourth inches of No. 404.
(5) Concrete Curb: Two feet wide; twelve inches thick;
Type "C" Concrete
(6) Curb Drains: Four inch diameter.
As detailed on standard drawings.
(d) Minimum Road Construction Requirements for Collector Streets and Minor Streets. The pavement width for collector streets and minor streets shall be twenty-seven feet measured back to back of concrete curbs. The following is a minimum design based on a soil subgrade of Type A-6a having a group index of 9. Any soils testing with a less bearing capacity of that indicated will require an increase in the structural design of the pavement.
Minimum: (ODOT Specifications)
(1) Subbase compacted as per ODOT No. 203
(2) Granular Base: Three inches of No. 703.08
(3) Asphaltic Base: Seven inches of No. 301
(4) Wearing Surfaces:
One inch of No. 402
One inch of No. 404
(5) Concrete Curb: Two feet wide; nine inches thick
Type "C" Concrete
(6) Curb Drains: Four inch diameter
As detailed on standard drawings.
(Ord. 35-1984. Passed 6-14-84.)
1121.03 SIDEWALKS.
The Planning Commission may require that sidewalks be constructed on one or both sides of streets irrespective of the width of lot, where they be essential to pedestrian movement and safety.
(a) All sidewalks in front of the house shall be four feet wide and be constructed of a minimum of four-inch thick Portland Cement Concrete meeting the requirements of the Ohio Department of Transportation Specifications (herein referred to as O.D.O.T. Spec.) 608. Crack controls shall be at fifteen foot intervals and score marks shall be at five foot intervals. Where the driveway crosses the walk, it shall be a minimum of six inches thick. Subbase shall be a minimum of one inch thick granular material.
(b) On site sidewalks shall be a minimum of four inches thick and thirty inches wide and otherwise conform to the material and workmanship requirements listed in subsection (a) hereof. On corner lots, sidewalks shall be provided along both street frontages and at the corner shall be extended to the street with a sloped section. (Ord. 33-1981. Passed 5-14-82.)
1121.04 SEEDING AND PROTECTING.
Berms, ditches and slopes resulting from the opening, widening or extension of any street grading or improvement operations shall be protected against soil erosion by seeding or other protective methods.
(Ord. 46-1962. Passed 8-17-62.)
1121.05 STORM DRAINAGE.
(a) Storm drainage, including drain tile around basements, shall not be permitted to empty into any sanitary sewer. Unless the subdivider complies with Section 1113.02(b), the following shall be required: Where a public storm water sewer is reasonably accessible, as determined by the Planning Commission, the subdivider shall connect with such storm drainage outfall system and shall do such grading and provide such drainage structures, including lateral connections, as may be required by the City Engineer. Where a public storm water system is not reasonably accessible as determined by the Commission, but where the plans for the storm water drainage system of the district in which the subdivision is located have been prepared and officially approved, the subdivider shall install drainage facilities as may be required by the City Engineer in conformity with such official plans.
(b) If the subdivision is in an area where a public storm water system is not available, a storm water system shall be so constructed so as to serve the entire subdivision, and such installation will conform to the applicable provisions of the Master Plan when the same is adopted, or until such time as a Master Plan is adopted, according to specifications adopted by Council.
(c) Each lot shall have access to one or more curb connection which shall discharge into a common closed conduit which is to be located in the right of way of streets, alleys or easements. In no case shall the Planning Commission approve a storm drainage system which involves swales, roadside ditches, etc., as a means of conveying surface drainage from the site.
(d) Unless the subdivider complies with Section 1113.02(b), the following shall be required: When in the opinion of the City Engineer, the natural water course receiving storm sewer discharge is not adequate, the subdivider shall, at his own expense, undertake to give such natural water course the directional and velocity control as may be deemed necessary even though such work lies outside the boundaries of his subdivision. It shall be the responsibility of the subdivider to acquire such permission as is necessary to construct drainage structures, ditches, etc. outside of the boundaries of his subdivision.
(Ord. 35-1984. Passed 6-14-84.)
1121.06 SEWAGE DISPOSAL.
(a) Sanitary Sewers. If a subdivision can be reasonably served by the extension of an existing public sanitary sewer, as determined by the Planning Commission, and unless the developer complies with Section 1113.02(b), the developer shall provide a system of sanitary sewer mains and shall provide lateral connections for each lot or potential building site. Where the subdivision is located within a sanitary sewer district but a public sanitary sewer is not immediately or reasonably accessible:
(1) The Planning Commission may, after obtaining and considering reports from the local or State Board of Health agencies as involved, refuse to permit the area to be developed if the proposed use is deemed detrimental to the health and general welfare of the surrounding community; or
(2) The Planning Commission may approve the subdivision plat provided the sanitary sewer mains and lateral connections are installed and appropriate provisions and arrangements can be made for the construction, operation and maintenance of an interim group sewage disposal facility pending permanent connection to the public sanitary system. Group sewage disposal systems shall meet requirements of the State Department of Health as cited in Ohio R.C. 6111.44 to 6111.46. Group sewage disposal facilities may be accepted for maintenance and operation by the City Council, provided:
A. The ownership is vested in the City;
B. The facility has been constructed according to specifications;
C. It has been approved by the City Engineer; and, or in the alternative
D. The Sanitary Engineer of Summit County with the approval of Council, determines to accept and maintain the group sewage disposal facilities.
(b) Individual Septic Tank Facilities. The installation of septic tanks shall not be permitted on residential sites of less than two acres in area. In the event the installation of individual disposal systems shall be considered, the suitability of the soil characteristics, surface, drainage, topography and potential density or character of development, shall be the criteria for determining whether or not the installation of individual septic tank disposal systems are feasible. It shall be the responsibility of the developer to furnish the topographical map and other information and data; to obtain or perform all tests in accordance with the requirements of the local or State Board of Health. The septic tank and disposal field shall conform to the requirements of the Summit County General Health District.
(1) All sanitary sewage shall be emptied into the septic tank and no tile field shall empty in any manner into open ditches, roadside ditches, lakes, streams or any other body of water; nor shall the effluent be permitted to seep to the surface of the ground.
(2) In the event the Planning Commission approves the installation of individual septic tank facilities as provided herein, sanitary sewer mains and lateral connections must be installed for future use. The sewage system shall be complete, with manholes, suitably plugged curb connections and otherwise protected as directed by the Engineer.
(Ord. 35-1984. Passed 6-14-84.)
1121.07 WATER SUPPLY.
(a) Public Water Supply. Where public water supply is within a reasonable distance, as determined by the Planning Commission, the developer, unless he complies with Section 1113.02(b), shall construct a system of water mains and hydrants and connect with such public water supply and provide a connection for each lot or potential building site. Where public water supply is not available, the developer shall provide for individual wells for each lot in the subdivision.
(1) Test wells. At least one test well shall be made in the area being platted for each 100 lots or for each twenty-five acres of area, whichever is the smaller. In cases where copies of the logs of existing wells located within the area being platted are available, this may be submitted in lieu of making test wells. Test wells shall be at least twenty-five feet in depth and shall produce safe potable drinking water at a rate of not less than five gallons per minute.
(2) Well log. A copy of the well log which will include the name and address of the well driller, shall be submitted with the preliminary documents to the City Engineer.
(b) Location and Construction of Individual Private Wells. Generally individual private wells shall be located at least twenty-five feet from property lines; thirty feet from all septic tanks; approximately 100 feet from all tile disposal facilities; ten feet from all cast iron sewer lines; thirty feet from any vitrified sewer tile lines; and shall not be located within any flood plain, and in conformity with the Summit County General Health District regulations relating thereto.
(1) As a precaution against seepage, a watertight seal shall be provided around the pump mounting.
(2) All abandoned wells shall be sealed in a manner that will render them water-tight.
(3) In all cases where it has been determined that individual water supplies from private wells are not feasible, a public water distribution system will be required.
(c) Public Water Distribution Systems. Public wells and other public water distribution systems shall meet the requirements of the State Department of Health as cited in Ohio R.C. 6111.44 to 6111.46.
(Ord. 35-1984. Passed 6-14-84.)
1121.08 SURVEY MONUMENTS.
A complete survey shall be made by a registered surveyor. The traverse of the exterior boundaries of the tract and of each block, when computed from field measurements on the ground, shall close within a limit of error of one foot to 10,000 of the perimeter before balancing the survey.
(a) The corners of each lot shall be marked with iron rods minimum three-fourths inches in diameter by two feet minimum in length or as specified by the City Engineer.
(b) Monuments shall be placed at all block corners; angle points; points of corners; intersections and at intermediate points along streets as required by the City Engineer. The monuments shall be of such material, size and length as may be approved or specified by the City Engineer.
(Ord. 46-1962. Passed 8-17-62.)
1121.09 STREET SIGNS.
Unless otherwise provided in a petition described in Section 1113.02(b) that has been accepted by Council, the developer shall place on deposit or arrange as part of the 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 adopted by the Planning Commission. (Ord. 35-1984. Passed 6-14-84. )
1121.10 ELECTRIC LINES AND STREET LIGHTING; TELEPHONE LINES.
(a) The preliminary plan with respect to any new subdivision shall be submitted to all utility companies serving the subdivision as well as the City Engineer for their recommendations with respect to easements for electric and telephone lines.
(b) Utility easements at least five feet in width for underground telephone and electric power and street lighting distribution lines and facilities shall be provided on all front lot lines and along certain side lot lines where necessary.
(c) Prior to the Planning Commission's granting final approval, unless the subdivider complies with Section 1113.02(b), the subdivider shall have installed or shall have furnished adequate bond for the ultimate installation in accordance with the requirements of the Subdivision Regulations of the following:
(1) Underground telephone cables.
(2) Underground distribution cables for power and street lighting.
(3) Street light lamps and standards in accordance with a design approved by Council.
(d) The construction of all underground facilities shall meet the minimum requirements of the Public Utilities Commission or any code adopted by such Commission and be in accordance with applicable standard specifications of the City.
(Ord. 35-1984. Passed 6-14-84.)
1121.11 STREET TREE REQUIREMENTS.
The developer of a residential subdivision shall pay a fee to the City, to be used by the City for the installation of trees in the tree lawn portion of the public right of way. The City shall furnish and install, at least one tree for every forty feet of tree lawn but no less than two trees per lot. The caliper of tree shall not be less than two inches nominally. The amount of the fee shall be established in the rate schedule set forth in Section 1137.06. The fee shall be collected by the Building Commissioner upon the subdivision's final plat approval. The City may require the installation of trees in the tree lawn portion of the public right of way by the developer of a residential subdivision consistent with the foregoing regulations.
(Ord. 48-2019. Passed 7-11-19.)
1125.01 FEE SIMPLE TITLE.
Approval of a plat by the Planning Commission, shall be sufficient conveyance to vest a
fee simple title of all streets, commons, parks or other parcels of land as herein offered for public use, in the City, for the uses and purposes named, expressed or intended.
(Ord. 46-1962. Passed 8-17-62.)
1125.02 DEDICATION FOR PUBLIC USE.
(a) Approval of a plat by the Planning Commission shall not be construed as an acceptance or an establishment by the public of the dedication of any street, highway, way or open space shown upon the plat for public use.
(b) The acceptance or establishment of such streets or open spaces for public use rests with Council. It shall not be competent for the City Engineer to place his endorsement on a plat so as to constitute an acceptance of a street for public use by the City as provided in Ohio R.C. 711.091 until such time as Council has enacted an ordinance accepting such street or streets for use by the City.
(Ord. 46-1962. Passed 8-17-62.)
1125.03 MISCELLANEOUS PLAT APPROVAL.
Notwithstanding the provisions of these Regulations, a proposed division of a parcel of land along an existing public street, not involving the opening, widening or extension of any street or road, and involving no more than five lots after the original tract has been completely subdivided, may be submitted to the Planning Commission without plat. The Commission acting through its Chairman may approve the proposed conveyance if they are satisfied that such division is not contrary to any applicable platting, subdividing or zoning regulations, which shall include the Major Street Plan; or any rule or regulation which the Planning Commission may have adopted for the processing of such divisions or the conduct of its business, The applicant shall submit a sketch plat or plat map showing the division of such land in graphic dimensional form. This map shall be certified by a registered surveyor as to its correctness and shall contain information as is pertinent to its determination hereunder. When the Commission is satisfied that the information submitted is sufficient for its determination, it shall decide upon such plat. Evidence of approval by the Planning Commission will be indicated by a stamp or statement reading, "Approved by the Planning Commission, City of Macedonia, Ohio - No Plat Required". The plat of the division which has been thus stamped, dated and signed by the Chairman of the Planning Commission shall constitute approval under this section. If such conveyance is not submitted for recording in the office of the County Recorder within thirty days of such approval, the approval as provided for herein shall be null and void.
(Ord. 46-1962. Passed 8-17-62.)
1125.04 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 plat. The title of the vacation shall indicate just what is being vacated and the final map shall include enough of the surrounding plat or plats to show its relation to adjoining areas.
(Ord. 46-1962. Passed 8-17-62.)
1125.05 VACATION OF STREET, ALLEY OR OPEN AREAS.
In case of a street, alley or the vacation of a commons or other open grounds, such vacations shall be submitted to the Planning Commission for review and recommendation thereon prior to consideration by Council.
(Ord. 46-1962. Passed 8-17-62.)
1125.06 LAND SUBJECT TO INUNDATION.
Land subject to inundation or flood hazards by storm water or any swamp or marsh lands shall not be platted for residential occupancy nor for such other uses including streets, wells or septic systems as may increase danger to health, life or property or 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.
(Ord. 46-1962. Passed 8-17-62.)
1125.07 RESPONSIBILITY OF PUBLIC AGENCIES TO PROVIDE SERVICE.
If the City Engineer or Summit County General Health District 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 City and/or County to provide services and utilities shall cease.
(Ord. 46-1962. Passed 8-17-62.)
1125.08 BUILDING PERMITS.
When the improvements within a proposed public street or within an existing public street do not conform to the standards and specification as adopted by the City for the construction of public street, curb, gutters, sidewalks, street lights, water mains, storm sewers, sanitary sewers and other utility mains, piping and other facilities; the City Engineer may require complete or partial installation of such improvements and may make such installation a condition precedent to the sale or lease of lots in such subdivision or the issuance of a building permit for the improvements of such lot or lots thereon and further may require in lieu of actual construction a performance bond or other guarantee of security for the purpose of assuring the installation of such improvements deemed necessary or appropriate in the public interest. (Ord. 46-1962. Passed 8-17-62.)
1125.09 RESERVE STRIPS-STUB-END STREETS OR THOROUGHFARES.
Reserve strips controlling access to streets, abutting land, water plants or sewage treatment plants, or to other land dedicated or to be dedicated to public use shall be prohibited except where their control is definitely placed in the City under conditions approved by the Planning Commission.
(Ord. 46-1962. Passed 8-17-62. )
1125.10 MODIFICATIONS AND EXCEPTIONS.
Where the Planning Commission finds in any particular or specific case, due to unusual topography or other exceptional conditions not common to other areas similarly situated, that extraordinary or undue hardships may result from strict compliance with any requirement of these Regulations it may relax such requirement to the extent deemed just and proper, so as to relieve such difficulty or hardship; provided that such relief will not have the effect of nullifying or impairing the intent and purpose of these Regulations, the Major Thoroughfare Plan, the Zoning Ordinance or jeopardize the safety or health of the community. Modifications thus granted, with the reasons therefor, shall be entered in the minutes of the Planning Commission.
(a) Large Scale Developments. The general principles of design and the minimum requirements for the laying out of subdivisions may be varied by the Planning Commission in the case of a subdivision large enough to constitute a more or less self-contained neighborhood to be developed in accordance with a comprehensive plan safeguarded by appropriate restrictions, which, in the judgment of the Planning Commission, makes adequate provision for all essential community requirements; provided, however, that no modification shall be granted by the Planning Commission which would conflict with the proposals of the Major Thoroughfare Plan or with the intent and purpose of the general principles of design and minimum requirements.
(b) Conditions of Modification or Exceptions.
(1) Subject to the approval of a majority of the members of Council, the Planning Commission may grant variances and modifications as provided in this section. In granting such variances and modifications, the Planning Commission may require such conditions as will, in its independent judgment, secure substantially the objectives of the standards or requirements so varied or modified.
(2) Before deciding upon any such modifications or exceptions, the Planning Commission may give notice to abutting property owners or other persons substantially interested in the proposed change; or it may hold a public hearing thereon.
(Ord. 46-1962. Passed 8-17-62.)
1125.11 DEDICATION OF IMPROVEMENTS.
The subdivider shall dedicate to public use, without compensation, all storm and sanitary sewers, water systems, streets, sidewalks, street lighting and facilities and appurtenances thereto.
(Ord. 46-1962. Passed 8-17-62.)
1127.01 PURPOSE.
(a) Modern planning techniques require that areas of land be left open for more flexible recreational use by all inhabitants of the community, particularly those who are to reside in particular areas of new subdivisions and funds must be available to equip, maintain and operate Municipal recreational areas.
(b) The preservation of a reasonable amount of land for open spaces for the use of citizens living or to reside around the same, and the construction and operation of recreational facilities, promotes the health, safety, convenience, comfort, prosperity and welfare of the community and the citizens thereof.
(Ord. 53-1977. Passed 8-11-77.)
1127.02 REQUIREMENTS OF OPEN SPACE IN RESIDENTIAL SUBDIVISIONS.
No new residential subdivision plan shall be approved by the Planning Commission unless at least ten percent (10%) of the land area shown thereon is reserved for open space and the subdivider provides, at the time the plat is filed with the Planning Commission, a satisfactory plan or the dedication of such open space to the City for Municipal recreational purposes, or if desired by the Planning Commission, the developer and the members of the Board of Education of the Nordonia Hills School District, a satisfactory plan is provided for the dedication of such land to the Nordonia Hills School District for school purposes.
(Ord. 53-1977. Passed 8-11-77.)
1127.03 DEDICATION OF PARCELS REMOVED FROM THE SUBDIVISION.
(a) In the event that it is determined by the Planning Commission to be inappropriate for the subdivider to dedicate any of the land shown on a subdivision plat or general development plan to the public for the uses and purposes provided for this chapter, the Planning Commission may recommend and Council may allow one of the following options:
(1) Require the subdivider to deed restrict the ten percent (10%) reserved within the subdivision without conveyance to the City, or dedicate a separate parcel of land, which is at least ten percent (10%) of the area of the land to be subdivided, to the public for the uses and purposes provided for in this chapter; or
(2) Require the subdivider to provide the City with funds sufficient to purchase an appropriate parcel of land of the same area required above at an appropriate location, or provide funds up to the amount of four hundred dollars ($400.00) per sublot for use in the Recreation Fund to equip, operate and maintain Municipal recreation areas conveniently located to such subdivision, or within the Municipality.
(b) The Planning Commission may recommend to Council who, in making the final decision, shall consider the following in determining whether to require alternatives to dedicating land within the subdivision:
(1) Because of size, shape or character of the parcel to be subdivided, and the recreational needs of the community and its general welfare, it is impractical or undesirable to dedicate ten percent (10%) of the land area of such parcel to the public use.
(2) The alternative plan presented by the subdivider insures the dedication to the public use, for the uses and purposes set forth in this chapter, space equal to at least ten percent (10%) of the parcel to be subdivided.
(3) The land to be dedicated for the public uses provided for herein, although not within the parcel to be subdivided, is appropriate for the purposes set forth herein, and is in an area of the Municipality where land is needed for the purposes set forth herein.
(4) In the event a cash payment is required as provided above to the Recreation Fund in lieu of land for recreational purposes, the Planning Commission may recommend, and Council may approve, an alternative which can include reduced money in combination with land, or staggered payments of money. Council shall approve any of such alternatives only if adequate recreational land is already available in the community to serve such subdivision, and the welfare of the community and the citizens thereof will be better served accepting money in lieu of all land.
(Ord. 31-2009. Passed 9-24-09.)
1127.04 JOINING OF OPEN SPACE AREAS.
(a) The optimum size for parcels of land to be used for open space for the purposes provided for herein is ten acres or more.
(b) It is recommended that whenever practicable the Planning Commission require the dedication of parcels of land for the purposes set forth herein, upon the perimeter of parcels of land to be subdivided, contiguous land shall be dedicated to the public thus increasing the size of public recreational areas in order to provide fewer and larger public sites for the purposes set forth herein. Public sites in adjoining subdivisions should be located together whenever possible.
(Ord. 53-1977. Passed 8-11-77.)
1127.05 LAND MUST BE APPROPRIATE AND DESIRABLE.
The Planning Commission shall not accept for dedication for public use under the provisions of this chapter any parcel of land which does not lend itself to the uses and purposes provided herein by reason of any peculiar or unique features of the land proposed for dedication. (Ord. 53-1977. Passed 8-11-77.)
1127.06 MONEY IN LIEU OF LAND.
The developer must initiate the contribution of money to the recreation fund of the City in lieu of the dedication of recreational land. If the Planning Commission and Council approve such money contribution, the money must be deposited with the Director of Finance before the preliminary plat is approved for recording.
(Ord. 53-1977. Passed 8-11-77.)
1129.01 STANDARD FORMS FOR EXECUTION.
The Planning Commission shall prepare, adopt and distribute standard forms from time to time for the execution of construction agreements, posting of bonds, title insurance, inspection fees and other administrative procedures essential to the carrying out of the Subdivision Regulations; provided, however, that the following criteria is hereby adopted for performance bonds, maintenance bonds and indemnity insurance. All bonds and insurance required under this section shall be secured from companies licensed and authorized to do business in the State and shall be deposited and remain at all times with the City Clerk.
(a) Performance Bond.
(1) One hundred percent (100%) of the City Engineer's estimate of the cost of construction of the storm and sanitary sewers, water systems, streets, sidewalks, street lighting systems and facilities and appurtenances thereto, plus
(2) An amount, as determined by the City Engineer to cover the engineering fee commensurate with the work performed, plus
(3) An amount, as determined by the City Engineer, to cover the inspection fee.
(b) Maintenance Bond. The maintenance bond shall be of such amount as determined by the City Engineer and for such periods for each improvement as follows:
(1) Streets, sidewalks, and pavement and facilities appurtenant thereto: two years from date of acceptance by the City of such facilities.
(2) Storm and sanitary sewers, water systems, street lighting systems and facilities appurtenant thereto: one year from date of acceptance of the City of such facilities and appurtenances.
(3) Temporary Roads: in an amount determined by the Engineer and for a period as determined by the Planning Commission.
(c) Bond to Secure Material Men and Laborers. When required by the Planning Commission, the subdivider must furnish a surety bond in a sum equal to the cost as estimated by the City Engineer for the completion of the work guaranteeing the security of material men and laborers in the amount of fifty percent (50%) of the estimated costs.
(d) Insurance. The subdivider shall furnish such insurance as is deemed necessary by the Planning Commission which shall 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 when undertaken. The insurance shall be of such duration as determined by the Planning Commission, but shall in no case be allowed to expire earlier than the effective period of any maintenance bond. (Ord. 46-1962. Passed 8-17-62.)
1129.02 CONSTRUCTION AGREEMENT.
(a) To assure the construction and installation of the improvements, required by the Subdivision Regulations, and unless the subdivider utilizes the procedure in Section 1113.02(b), a subdivider shall execute a construction agreement with the City, in form and substance approved by the Law Director, providing that all such improvements shall be constructed and installed, at the subdivider's expense, in compliance with the standards and specifications for each of the various types of improvement; that such improvements shall be available to and for the benefit of the lands within such subdivision; that such improvements will be completed and installed within twenty-four months after approval of final plat; and any such further provisions that the Law Director may deem necessary in the public interest.
(b) The agreement shall further provide that if the improvements are not completed within the specified time, Council may complete the same and recover full costs and expenses thereof from the subdivider and may appropriate the deposit of cash money or negotiable bonds which the subdivider may have deposited in lieu of a surety bond for such purpose, or may use a surety bond or any necessary portion thereof to complete the same.
(Ord. 46-1962. Passed 8-17-62.)
1129.03 COMMENCEMENT OF IMPROVEMENTS.
No construction of storm and sanitary sewers, water systems, streets, sidewalks, street lighting and facilities and appurtenances thereto or clearing, grubbing and grading as apply to the subdivision, shall be commenced prior to the approval of the construction agreement by Council unless the subdivider utilizes the procedure in Section 1113.02(b).
(Ord. 35-1984. Passed 6-14-84.)
1129.04 NOTICE TO THE ARCHITECTURAL BOARD OF REVIEW.
To enable the Architectural Board of Review to protect property on which buildings are constructed or altered and to maintain the high character of the community development and to protect real estate within the City from impairment or destruction of value, by regulating according to architectural principles the design, use of materials, finished grade lines and orientation of all new buildings, the subdivider shall submit the preliminary plan and such other supporting data and graphic material to the Architectural Board of Review for its review and recommendations.
(Ord. 46-1962. Passed 8-17-62.)
1129.05 VIOLATION OF SUBDIVISION REGULATION.
(a) No person, firm or corporation shall offer for sale, shall enter into a contract of sale, shall sell, shall transfer, or otherwise dispose of land before all the requirements of the subdivision regulations are complied with.
(b) No person shall neglect or refuse to comply with, or otherwise violate any provisions of the subdivision regulations. (Ord. 89-2000. Passed 12-28-00.)
1129.06 PRELIMINARY APPROVAL OF BUILDING PLANS BY DEVELOPER/HOMEOWNERS ASSOCIATION.
The owner of any lot located within the subdivision that is subject to covenants and deed restrictions as governed by either the developer or homeowners association shall receive written approval from the developer or if established, the homeowners association, of building plans for the construction of any proposed home as a prerequisite to applying for a building permit from the City. The approval shall indicate that the plans conform to the covenants and deed restrictions of that subdivision. (Ord. 17-2008. Passed 3-27-08.)
1129.99 PENALTY.
(a) Any person, firm or corporation who violates Section 1129.05 of this Chapter, or otherwise violates any provisions of the Subdivision Regulations, shall be guilty of a misdemeanor of the first degree. Furthermore, each day during which such violation of any provisions of these regulations shall continue shall be deemed to constitute a separate violation.
(Ord. 89-2000. Passed 12-28-00.)
(b) In case any person, firm or corporation violates any of the provisions of these Regulations, the Law Director, in addition to the foregoing fines and penalties and in addition to the remedies otherwise provided by law, is hereby authorized to institute an appropriate action or proceeding in law or equity to prevent such violation or to restrain, correct or abate such violation.
(Ord. 46-1962. Passed 8-17-62.)