Medina City Zoning Code
TITLE THREE
Subdivision Regulations
APPENDIX B EXAMPLES OF CERTIFICATIONS AND STATEMENTS CERTIFICATIONS AND STATEMENT
City of Medina, Ohio
1. Notarized Certification by Owners: We the undersigned owners of the lands embraced within this subdivision hereby acknowledge this plat and subdivision to be our free act and deed, and do hereby dedicate to public use forever the streets, easements, parks, and other public sites and all improvements therein as shown upon this plat. ______________________________ ______________________________ Witness Owner ______________________________ ______________________________ Witness Owner State of Ohio) ss ___________County) Before me, a Notary Public in and for said County and State, personally appeared the above named ___________________and ______________________, husband and wife, who acknowledged the making of the foregoing instrument and the signing of this plat to be their free act and deed. In testimony whereof I have hereunto set my hand and affixed my official seal at _____________________ Ohio, this ______day of ___________, 19___. _____________________________ Notary Public 2. Certification by Surveyor or Engineer: I hereby certify that I have surveyed the land shown on this plat, that this plat is a correct representation of the land surveyed, and the subdivision thereof, and that I have found or set the pins and monuments shown, and that all lots conform to the Municipal Zoning Ordinance. _____________________________ Registered Surveyor 3. Approved by the Medina City Planning Commission this______day of ____________, 19__ . _____________________________ Planning Director 4. This plat was duly accepted by Ordinance No. _________ of Medina City Council at a regular/special meeting held on the ______ day of _________________ , 19___. _____________________________ President of Council _____________________________ Clerk of Council 5. Received for transfer ____________ , 19____. _____________________________ Tax Map Draftsman 6. Received for transfer _____________________, 19___. _____________________________ Medina County Auditor 7. Received for record ______________________, 19 ___at _______ A.M./P.M. Recorded ____________, 19____ in volume ________Page ________, Fee $_______ , _____________________________ Medina County Recorder 8. I certify that the required improvements have been installed and/or the necessary financial guarantees have been provided. _________________________________________ Medina City Engineer date |
CODIFIED ORDINANCES OF MEDINA
1161.01 OFFICIAL NAME.
The official name of these regulations shall be "Subdivision Regulations of the City of Medina, Medina County, Ohio," and shall be referred to herein as "these Regulations."
1161.02 PURPOSE.
These Regulations are adopted to secure and provide for:
(a) The proper arrangement of streets or highways in relation to existing or proposed streets and highways and the thoroughfare plan.
(b) Adequate and convenient open spaces for traffic, utilities, access of fire-fighting apparatus, recreation, light and air and the avoidance of congestion of the population.
(c) The orderly, efficient and appropriate development of land.
(d) The orderly and efficient provision of community facilities at minimum cost and maximum convenience.
(e) Safe and convenient vehicular and pedestrian movement.
(f) The promotion of public health, safety, morals, comfort, convenience, prosperity or general welfare.
(g) The accurate surveying of land and preparing and recording of plats.
(h) The equitable handling of all subdivision plats by providing uniform procedures and standards for observance by both the approving authority and subdivider.
1161.03 AUTHORITY TO ADOPT REGULATIONS.
The authority for the preparation, adoption and implementation of these Regulations is derived from Chapter 711, Ohio R.C. which permits the adoption of uniform rules and regulations governing subdivision of land.
1161.04 INTERPRETATION.
The provisions of these Regulations shall be construed to be minimum requirements.
1161.99 PENALTY.
Whoever violates any rule or provision of these Regulations or fails to comply with any order pursuant thereto shall be fined not less than two hundred fifty dollars ($250.00) nor more than one thousand dollars ($1,000.00). Such sum may be recovered, with costs, in a civil action brought in the Court of Common Pleas by a legal representative of the City in the name of the City, and for the use thereof.
1163.01 GENERAL PROVISIONS.
Throughout these Regulations, the following terms shall have the meaning given in this chapter.
1163.02 GENERAL TERMS.
(a) Words used in singular include the plural.
(b) Words used in present tense include the future tense.
(c) "Shall" is mandatory; "may" is permissive.
1163.03 BUILDING SETBACK LINE.
"Building setback line" means a line establishing the limits of a yard which abuts a street and in which no building may be located.
1163.04 COMPREHENSIVE PLAN.
"Comprehensive plan" means the fully adopted plan showing the location and extent of existing and future land development and redevelopment, including open space and thoroughfares within the City and territory within three miles therefrom.
1163.05 CUL-DE-SAC.
"Cul-de-sac" means a local street having one end open to vehicular traffic and the other end permanently terminated by a vehicular turnaround.
1163.06 DEAD-END STREET.
"Dead-end street" means a street temporarily having only one outlet for vehicular traffic and intended to be extended or continued in the future.
1163.07 EASEMENT.
"Easement" means a grant of the use of land for a specific purpose.
1163.08 IMPROVEMENTS.
"Improvements" means grading, sanitary and storm sewers, water mains, pavement, curbs and gutters, sidewalks, street signs, street lights, street trees and the appropriate appurtenances required to render land suitable for the use proposed.
1163.09 LOT OR PARCEL.
"Lot" or "parcel" means a division of land separated or proposed to be separated from other divisions of land by description on a recorded subdivision plat, recorded survey map or by metes and bounds for purposes of sale, lease or separate use.
1163.10 CORNER LOT.
"Corner lot" means a lot at the point of intersection of and abutting on two intersecting streets.
1163.11 DOUBLE FRONTAGE LOT.
"Double frontage lot" means a lot, other than a corner lot, that abuts more than one street.
1163.12 LOT LINES.
"Lot lines" means the boundaries of a lot.
1163.13 MINOR SUBDIVISION.
"Minor subdivision" means a division of a parcel of land along an existing public street or road, not involving the opening, widening or extension of any street or road, and involving not more than five lots after the original tract has been completely subdivided.
1163.14 PEDESTRIAN WALKWAYS.
"Pedestrian walkways" means a dedicated public right of way limited to pedestrian use.
1163.15 PLANNING COMMISSION OR COMMISSION.
"Planning Commission" or "Commission" means the Medina City Planning Commission.
1163.16 PLAT.
"Plat" means a final map of all or a portion of a subdivision which, if approved, may be recorded.
1163.17 PRELIMINARY PLAN.
"Preliminary plan" means a drawing for the purpose of study of a major subdivision and which, if approved, permits proceeding with the preparation of the final plat.
1163.18 PRIVATE SURVEY PLAT.
“Private survey plat" means a map of one or more parcels of land, prepared by a registered surveyor, for the purpose of providing information necessary or incident to the transfer of such parcels in cases not requiring the platting of such parcels.
1163.19 PUBLIC UTILITY.
"Public utility" means any person, firm, corporation, governmental agency or board having a public utility commission permit to furnish under regulations to the public, electricity, gas, steam, telephone, transportation or water, or any other similar public utilities.
1163.20 SECRETARY.
"Secretary" means the Secretary of the Planning Commission.
1163.21 STAFF.
"Staff" means persons so designated by the Planning Commission.
1163.22 STREET.
"Street" means a public or private right of way for vehicular and pedestrian use.
1163.23 SUBDIVIDER.
"Subdivider" means any individual, firm, association, corporation, trust or any legal entity, including agents, commencing proceedings under these Regulations to subdivide land.
1163.24 SUBDIVISION.
"Subdivision" means 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. However, 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. "Subdivision" also means 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 or the division or allocation of land as open spaces for common use by owners, occupants or lease holders or as easements for the extension and maintenance of public sewer, water, storm drainage or other public facilities.
1165.01 CITY ENGINEER'S DUTIES.
The City Engineer or his representative, shall administer these Regulations, except where specific authority is given to other officials as set forth in these Regulations.
1165.02 PLAT RECORDING.
No plat of any subdivision shall be recorded in the office of the Recorder or have any validity until it has been approved in the manner prescribed herein. In the event any such unapproved plat is recorded, it shall be considered invalid, and the Planning Commission shall institute proceedings to have the plat stricken from the County records.
1165.03 SALE OF LAND IN SUBDIVISION.
No owner or agent of the owner of any land located within a subdivision shall transfer or agree to transfer ownership in the future by reference to, exhibition of or by the use of a plan or plat of a subdivision before such plan or plat has been approved and recorded in the manner prescribed herein. Any sale or transfer contrary to the provisions of this section is void. The description of such sublot or parcel by metes and bounds in the instrument of transfer or other documents used in the process of selling or transferring shall not exempt the transaction from the provisions of these Regulations.
1165.04 REVISION OF PLAT AFTER APPROVAL.
No changes, erasures, modifications or revisions shall be made in any plat of a subdivision after approval has been given by the Planning Commission and an endorsement is made in writing on a plat, unless the plat is first resubmitted and the changes approved by the Planning Commission.
1165.05 FEES.
Each application for a permit or approval pursuant to these Regulations shall be accompanied by the payment of the fee established in Chapter 1108 of the Planning and Zoning Code. In addition, the reviewing official or board or commission, where appropriate, may refer an application to qualified consultants for a report if the reviewing official or board or commission deems the proposed use may require special study. The cost of such report shall be at the expense of the applicant, in accordance with a policy established and amended from time to time by Council. (Ord. 50-05. Passed 2-28-05.)
1165.06 WAIVERS.
The Planning Commission may waiver certain provisions of these Regulations as specified herein, where unusual or exceptional factors or conditions require such modification, provided that the Planning Commission shall:
(a) Find that unusual topographical or exceptional physical conditions exist.
(b) Find that strict compliance with these Regulations would create an extraordinary hardship in the face of the exceptional conditions.
(c) Permit any modification to depart from these Regulations only to the extent necessary to remove the extraordinary hardship.
(d) Find that any modification granted will not be detrimental to the public interest nor in conflict with the intent and purpose of these Regulations.
(e) Require such other conditions to be met by the proposed plat as the Planning Commission may find necessary to accomplish the purposes of these Regulations when modified.
1165.07 APPEALS.
Rights of appeal shall be as set forth in Ohio R. C. Chapter 711, or in other applicable sections of the Ohio Revised Code.
1165.08 SEVERABILITY.
If any article, section, paragraph, clause or part of these Regulations is held invalid by a court, such judgment shall not affect the validity of the remaining provisions of these Regulations.
1165.09 REPEAL.
All prior subdivision regulations and amendments thereto are hereby repealed.
1167.01 PURPOSE.
The purpose of this chapter is to specify the procedures that shall be followed to subdivide land.
1167.02 CLASSIFICATION AND DETERMINATION OF SUBDIVISION TYPE.
There are two basic types of subdivisions:
(a) Minor Subdivision. The City Engineer may determine that a proposed subdivision of land is a minor subdivision if the proposed division of a parcel of land is along an existing public street, does not involve the opening, widening or extension of any street or road and does not involve more than five lots after the original tract has been completely subdivided.
(b) Major Subdivision. Any subdivision that does not meet the requirements of a minor subdivision is a major subdivision.
1167.03 MINOR SUBDIVISIONS.
(a) Staff Granted the Authority of Review and Approval. The City Engineer is authorized to represent the Planning Commission in the review and approval of a minor subdivision, and to endorse the conveyance of a parcel or parcels of land in a minor subdivision for transfer without plat.
(b) Submission of Minor Subdivision. Any person proposing to create a minor subdivision shall submit the following to the City Engineer:
(1) A legal description of the parcel or parcels sought to be transferred, on a conveyance of such parcel or parcels.
(2) Two copies of property line survey by a registered surveyor of the parcel or parcels sought to be transferred.
(Ord. 143-96. Passed 9-23-96.)
(3) Each application shall be accompanied by the payment of the fee established in Chapter 1108 of the Planning and Zoning Code. In addition, the City Engineer, where appropriate, may refer an application to qualified consultants for a report if the City Engineer deems the proposed use may require special study. The cost of such report shall be at the expense of the applicant, in accordance with a policy established and amended from time to time by Council.
(Ord. 50-05. Passed 2-28-05.)
(Ord. 50-05. Passed 2-28-05.)
(c) Action by the City Engineer. Within seven working days after submission of a minor subdivision, or within a mutually agreed upon extension, the City Engineer shall either approve or disapprove the application for transfer without plat. If the City Engineer does not approve the transfer without plat, the applicant shall be notified in writing of the reason for disapproval. If the City Engineer approves the transfer without plat, the conveyance shall be stamped: "Approved by Medina City Planning Commission; no plat required, " and the signature of the City Engineer shall be affixed along with the date of such approval. The approval shall expire at the end of sixty days, unless the conveyances are recorded in the office of the County Recorder during such period.
(d) Action by the Health Commissioner. The City Engineer shall within seven days after submission of a minor subdivision, which would require an individual sewer system, submit the proposed subdivision to the Health Commissioner who shall approve or disapprove building sites for individual sewer systems. If disapproved the Health Commissioner shall notify the owner of the reasons for disapproval.
(e) Three-Mile Area. The Planning Director is authorized to represent the Planning Commission in the review and approval of a minor subdivision and to endorse the conveyance of a parcel or parcels of land in a minor subdivision for transfer without plat. Subdivision outside the City but within the City's three-mile extraterritorial jurisdiction, shall not be approved by the Planning Director until the survey plat is given zoning approval by the applicable township.
1167.04 MAJOR SUBDIVISION.
(a) General Procedure. Major subdivisions shall be approved in four stages: preliminary discussion stage, preliminary plan stage, improvement plan stage and the final plat stage.
(1) Preliminary discussion stage. The preliminary discussion stage requires the subdivider to discuss the proposed subdivision with the appropriate agencies so that he can become familiar with subdivision requirements, existing conditions and future plans.
(2) Preliminary plan stage. The preliminary plan stage requires the subdivider to present all information needed to enable the Commission to determine that the proposed layout is satisfactory and will serve the public interest. This stage also ensures that the subdivider will not be required to expend excessive moneys without some assurance that his plat will be finally approved.
(3) Improvement plan stage. The improvement plan stage requires the subdivider to present all the information needed to enable the City Engineer to check the drainage areas and to determine that the storm sewers, sanitary sewers, water lines and material proposed for street construction meet the requirements of these Regulations and the specifications of the City Engineer.
(4) Final plat stage. The final plat stage requires the subdivider to present a complete survey plat to enable the Commission to determine that the subdivision fully complies with these Regulations and conforms to the approved preliminary plan and the improvement plans.
(b) Preliminary Discussion. The subdivider shall consult with the Planning Commission. He shall submit a preliminary discussion map including all items required by Section 1169.02. (Ord. 143-96. Passed 9-23-96.)
(c) Preliminary Plan Procedure.
(1) Submission of preliminary plan. The subdivider shall make application to the Planning Commission for approval of a preliminary plan. All information required by Section 1169.03
shall be submitted to the Planning Director.
(Ord. 50-05. Passed 2-28-05.)
(Ord. 50-05. Passed 2-28-05.)
A. One copies of application for preliminary approval.
B. Thirteen copies of the preliminary plan including a vicinity map. (See Appendix A).
C. Any other data that the City Engineer deems necessary.
(Ord. 143-96. Passed 9-23-96.)
D. Each application shall be accompanied by the payment of the fee established in Chapter 1108 of the Planning and Zoning Code. In addition, the Planning Commission, where appropriate, may refer an application to qualified consultants for a report if the Planning Commission deems the proposed use may require special study. The cost of such report shall be at the expense of the applicant, in accordance with a policy established and amended from time to time by Council. (Ord. 50-05. Passed 2-28-05.)
(2) Planning Commission action. The Planning Commission within forty-five days of the date of official filing shall approve, approve conditionally or disapprove the preliminary plan. The action shall be noted on both the preliminary plan and the preliminary plan application form, and a copy of each returned to the subdivider. The action shall also be entered on the official records of the Commission, and a copy of the preliminary plan with action noted kept on file.
(3) Effect of approval. Approval of a preliminary plan by the Planning Commission is not an acceptance of the subdivision for record. It is an approval of a general plan as a guide for the preparation of improvement plans and a subdivision plat for final approval and recording upon fulfillment of all requirements of these Regulations. Approval of a preliminary plan shall be effective for a period of one year following the date of approval by the Planning Commission, unless an extension of time is granted. Upon expiration of a preliminary plan approval, no approval of a final plat shall be given until the preliminary plan has been resubmitted and approved. Construction of improvements shall not begin until action on the final plat has been taken.
(d) Improvement Plan Procedure. The developer's engineer shall prepare improvement plans which include all phases of the work to be performed to make the land suitable for development into the use proposed. These plans shall be complete and precise in all details and be submitted to and approved by the City Engineer before any improvements are constructed. As part of this submission the developer shall provide evidence that the following approvals have been received:
(1) Wetlands approval letter from the Army Corp of Engineers.
(2) Water system extension approval by Ohio EPA.
(3) Erosion control plan approved by Medina County Soil & Water Conservation Service.
(Ord. 143-96. Passed 9-23-96.)
(e) Final Plat Procedure.
(1) Submission of final plat. The subdivider shall make application to the Planning Commission for approval of a final plat. The final plat submitted shall conform to the approved preliminary plan. Subdivisions may be submitted for final approval in consecutive sections, provided that preliminary plan and improvement plan approval have been given for the entire subdivision. All items as required by Section 1169.05 shall be submitted to the City Engineer as follows:
(Ord. 50-05. Passed 2-28-05.)
A. One copy of the application for final plat approval.
B. One copy of restrictive covenants pertaining to the site.
C. Original tracing and two copies of final plat and vicinity map.
D. Three copies of approved improvement plans.
(Ord. 143-96. Passed 9-23-96.)
E. Each application shall be accompanied by the payment of the fee established in Chapter 1108 of the Planning and Zoning Code. In addition, the Planning Commission, where appropriate, may refer an application to qualified consultants for a report if the Planning Commission deems the proposed use may require special study. The cost of such report shall be at the expense of the applicant, in accordance with a policy established and amended from time to time by Council. (Ord. 50-05. Passed 2-28-05.)
F. One copy of financial guarantees and insurance approved by the Law Director and Finance Director in an amount stated by the City Engineer (see Section 1173.08
).
G. The City Engineer may request additional copies of any of the above items and any other additional information deemed necessary. Within five working days of the date of submission, the City Engineer shall determine if all the items as required by Section 1169.05
have been submitted. If all the required items have not been submitted, the City Engineer shall notify the subdivider of such omissions.
(2) Official filing of final plat. The City Engineer shall present to the Planning Commission the final plat documents, which meet the requirements of Section 1169.05
, at the next meeting after all required documents have been submitted. Upon determination by the Planning Commission that the final plat has been properly submitted, the Commission shall accept the final plat as being officially filed and shall certify on the copies the date of acceptance.
(3) Planning Commission action. The Planning Commission shall approve or disapprove the plat within forty-five days from the date of official filing or within a mutually agreed upon time extension; otherwise the final plat shall be deemed to have been approved. One of the following actions shall be taken by the Planning Commission;
A. Final approval. The Planning Commission may give final approval before all required improvements are installed, authorizing its chairman to sign the plat at such time as a construction agreement and a performance guarantee (refer to Section 1173.08
(e)), acceptable to the Law Director and City Engineer, are provided for the purpose of assuring installation of such improvements. The amount of such performance guarantee shall be sufficient to cover the cost of all improvements, based upon an estimate prepared by the subdivider’s consulting engineer and approved by the City Engineer. For the purpose of satisfying the performance guarantee requirement of this section, it shall be sufficient for the subdivider to submit the guarantee of a solvent bank or other financial institution that funds in the amount of the performance guarantee requirement have been committed to the installation of such improvements, in accordance with Ohio R.C. 1151.298, and that such funds will be disbursed by such bank or financial institution with the prior approval of the City Engineer. Upon receipt of the City Engineer's certification and determination that all the requirements of these Regulations have been met, the Planning Commission may give final approval and shall indicate such approval and date on the tracing of the final plat. The final plan shall then be submitted to Council for approval. A two-thirds vote of Council shall be required to override the recommendation of the Planning Commission. Council shall endorse the subdivision by affixing the Clerk of Council's signature to the tracing of the final plat.
B. Disapproval. Should the Planning Commission determine to disapprove the final plat, written notice of such action, including reference to the regulations or regulation violated by the plat, shall be mailed to the subdivider. The action shall also be entered on the official records of the Commission.
C. Approval without Commission action. In the event the Planning Commission fails to approve or disapprove the final plat within forty-five days from the date of its official filing, or within a mutually agreed upon time extension, the final plat shall be deemed to have been approved.
(4) Effect of approval. Final approval of a plat by the Planning Commission shall not be an acceptance by the public of the offer of dedication of any street, highway or other public ways or open space upon the plat unless such acceptance is also endorsed by Council upon the tracing of the final plat.
(5) Recording of final plat. After final approval of a plat by the Planning Commission the subdivider shall deliver the tracing of such plat to the City Engineer, who after rechecking and assigning a City lot number shall secure approval of the Tax Map Department. The City Engineer shall then present the plat to the County Auditor for transfer and to the County Recorder for recording. All fees required in connection with the above process as well as costs of reproductions of such plat shall be paid by the subdivider. Upon recording of the final plat, a copy of the plat shall be permanently retained by the Planning Commission and filed with the City Engineer.
1169.01 PURPOSE.
The purpose of this chapter is to inform the subdivider of the specific information he must provide to permit adequate review, approval and recording of plats.
1169.02 PRELIMINARY DISCUSSION MAP.
A map shall be submitted by the subdivider as a basis for informal discussion. The map shall show the following information:
(a) Application for preliminary discussion map.
(b) Location: tract boundaries, township and north point.
(c) Existing highways and proposed streets on and adjacent to the tract.
(d) Statement of how sewage disposal and water supply will be provided.
(e) Utility transmission lines and easements.
(f) Existing zoning districts. Topography (U. S. G. S. or better).
(g) Watercourses and wetlands subject to flooding.
1169.03 PRELIMINARY PLAN.
The subdivider shall furnish the following:
(a) Application for Preliminary Plan Approval.
(b) Preliminary Plan Drawing (see Appendix A). The plan shall be prepared in accordance with Chapter 1171 by a registered surveyor, city planner, landscape architect or professional engineer. The plan shall be accurately and clearly drawn. The drawing shall include the proposed plan or alternate plans of the subdivision, and shall show the following:
(1) Identification.
A. Proposed name of subdivision, which must not duplicate others in the County, township, tract or original lot or section number.
B. Names, addresses and telephone numbers of owners, subdivider and registered surveyor, city planner, landscape architect or professional engineer.
C. Maximum sheet size 24"x 36" with drawing scaled to fit, north arrow and date.
(2) Existing data.
A. Boundary line survey showing bearings and distances as surveyed by a registered surveyor.
B. Easements, showing location, width and purpose.
C. Streets on and adjacent to the subdivision: names, location, right of way and roadway width. Planned public improvements: highways or other major improvements planned by public authorities for future construction on or near the subdivision, including journalized routes for highways.
D. Utilities on and adjacent to the subdivision: location, size and invert elevations of sanitary and storm sewers; location and size of water mains; fire hydrants. If water mains, sewers and/or culverts are not on or adjacent to the tract, indicate the direction and distance to and size of nearest ones, showing invert elevation of sewers and culverts.
E. Ground elevations on the subdivision showing contours with an interval of not more than five feet if ground slope is in excess of four percent and two feet if ground slope is less than four percent.
F. Subsurface conditions on the subdivision: any conditions that are not typical, such as abandoned mines.
G. Other conditions on the subdivision:
1. Watercourses and wetlands subject to flooding.
2. Rock outcroppings.
3. Wooded areas.
4. Isolated preservable trees one foot or more in diameter.
5. Any structures or other significant features.
H. Other conditions on adjacent land within 200 feet;
1. Approximate direction and gradient of ground slope including any embankments or retaining walls.
2. Location and type of buildings, fences, tree lines, etc.
3. Railroad lines.
4. Power lines and towers.
5. Other nearby nonresidential uses of land.
6. Owners of adjacent unplatted land (for adjacent platted land, refer to subdivision plat by name, plat book and pages).
I. Zoning requirements:
1. District.
2. Lot size and yard requirements.
3. Proof of any variances or special exceptions which may have been granted.
J. Planned public improvements showing highways or other major improvements planned by public authorities for future construction on or near the subdivision.
(3) Proposals.
A. Streets showing proposed streets, indicating each street by a letter except where the street is a continuation of an existing street, right-of-way widths, approximate grades and proposed improvements.
B. Other rights of way or easements showing location, width and purpose.
C. Lots showing numbers, dimensions and area of irregular lots in square feet. Final lot numbers will be assigned by the City Engineer just prior to recording
D. All minimum building setback lines based on current zoning.
E. Land parcels within the subdivision not to be divided into lots.
F. Public sites reserved or dedicated for parks, playgrounds or other public uses.
G. Sites for other uses: multi-family dwellings, shopping facilities, churches, industry or other nonpublic uses exclusive of single-family dwellings.
H. Total site data including acreage, number of residential lots, typical lot size and acres in parks and other public uses.
I. When extensive changes of topography are contemplated, a plan showing the proposed topography.
(4) Other information. The Planning Commission and/or City Engineer may require such additional information as deemed necessary.
(c) Vicinity Map (see Appendix A). The map shall show the relationship of the proposed subdivision to existing community facilities which serve or influence it. The vicinity map may be on the same sheet as the preliminary plan drawing. The vicinity map shall show:
(1) Subdivision name, township, tract and north arrow.
(2) Existing and proposed main traffic arteries.
1169.04 IMPROVEMENT PLANS AND SPECIFICATIONS.
(a) Drawings showing cross sections, profiles, elevations, construction details, grading plans, specifications and cost estimates, and all calculations and computations for all required improvements shall be prepared by a professional engineer. The improvement plans shall be prepared as directed by the City Engineer and subject to his approval.
(b) If it becomes necessary to modify the improvements as approved, due to unforseen circumstances, the subdivider shall inform the City Engineer in writing of the conditions requiring the modifications. Written authorization from the City Engineer to make the required modification must be received before proceeding with the construction of the improvement.
(c) At the completion of the construction, and before acceptance, the subdivider shall furnish the City Engineer a set of linen or mylar tracings for permanent record, showing the locations, sizes and elevations of all improvements as constructed.
1169.05 FINAL PLAT.
The subdivider shall furnish the following:
(a) Application for Final Plat Approval.
(b) Final Plat Drawing. The final plat shall be drawn in ink on tracing cloth or mylar, sheet size eighteen inches by twenty-four inches within the border, and shall be at a scale of not more than 100 feet to one inch and contain a north arrow. Where necessary, the plat may be on several sheets accompanied by an index sheet showing the entire subdivision.
The final plat shall show the following:
(1) Identification:
A. Name of subdivision, which must not duplicate others in the County, township, tract and original lot, or section number.
B. Vicinity map at approximately 1" = 1,000' scale with north arrow.
(2) Control points: all dimensions, angles and bearings are to be referred to control points, nearest established street line, section lines or other established points.
(3) Lines and boundaries: center lines and right-of-way lines of streets, easements and other rights of way, natural and artificial watercourses, streams, shorelines, corporation lines and property lines of all lots and parcels with distances, radii, arcs, chords and tangents of all curves (nearest one-hundredth of a foot), bearings or deflection angles (nearest second).
(4) Street: name which must not duplicate or be similar to another in the Medina postal delivery area, and right-of-way width of each street within proposed subdivision and those adjoining.
(5) All building setback lines accurately shown with dimensions, based on current zoning.
(6) Lot identification: City lot number to be assigned by City Engineer prior to recording of plat.
(7) Total site data: including acreage, number of residential lots, typical lot size and acres in parks and other public uses.
(8) Land for public use showing boundaries and identifying the use of all parcels which are to be dedicated or reserved for public use or easements.
(9) Monuments showing location and description of those found, set or to be set.
(10) Names of recorded owners of adjoining unplatted land and reference to subdivision plats of adjoining platted land by name, volume and page of recorder's maps.
(11) Certification and seal by a registered surveyor to the effect that the plat represents a survey made by him which balances and closes, and that the monuments shown thereon exist or shall be set as shown, and that all dimensional and geodetic details are correct.
(12) Notarized certification by the owner or owners of the subdivision and the offer of the dedication of streets and other public areas, and that there are no unpaid taxes or special assessments against the land contained in the plat.
(13) Notation for:
A. Certification of City Engineer that required improvements have been satisfactorily installed or adequate financial guarantees have been provided.
B. Approval of plat by chairman and secretary of the Planning Commission.
C. Endorsement of plat by Council.
D. Acceptance of offers of dedication by Council.
E. Proper notations for transfer and recording by the tax map draftsman, County Auditor and the County Recorder.
(14) Protective covenants: If the owner desires protective covenants, private restriction and/or agreements, the record plat shall contain a reference thereto and the text thereof shall be filed and recorded with the plat.
1171.01 PHYSICAL CONSIDERATIONS.
(a) Natural Land Use. Subdivisions should be planned to take advantage of the topography of the land to economize in the construction of drainage facilities, to reduce the amount of grading and to minimize destruction of trees and topsoil.
(b) Flood Hazard. If any portion of the land within the subdivision or other proposed new development is subject to flooding or other hazards, due consideration shall be given to such problems in the design of the subdivision. All subdivision proposals and other proposed new development shall be reviewed to assure that:
(1) All such proposals are consistent with the need to minimize flood damage;
(2) All public utilities and facilities, such as sewer, gas, electrical and water systems are located, elevated and constructed to minimize flood damage; and
(3) Adequate drainage is provided so as to reduce exposure to flood hazards. Land subject to flooding and land otherwise uninhabitable shall not be platted for residential occupancy nor for such other uses that may increase danger to health, life or property, or aggravate the flood hazard.
1171.02 STREETS.
(a) Arrangement. The arrangement, character, extent, width and location of all streets shall conform to the locally adopted Land Use and Thoroughfare Plan. The design of proposed streets shall provide for both the continuation of existing streets and access to adjacent unplatted lands, so that the entire area can be served with a coordinated street system.
(b) Classifications.
(1) Major arterial thoroughfares shall be planned for continuation of movement of fast traffic between points of heavy traffic generation and from one section of the community to another. They shall contain as few intersections with minor streets as possible. Such thoroughfares should traverse the community and be spaced approximately one mile apart.
(2) Collector streets shall provide a traffic route from local streets to major arterial thoroughfares. These streets should be spaced at least one-fourth mile apart.
(3) Local streets shall provide direct and full access to each lot and shall be laid out so that their use by through traffic will be discouraged.
(4) Cul-de-sac streets are permitted in a residential area to discourage through traffic and promote public safety. Such streets should not be greater than 600 feet in length except where existing topographic conditions discourage the use of an alternate street pattern. Cul-de-sac streets shall normally have a sixty-foot right of way terminating in a turnaround having a minimum outside paving radius of fifty feet and a property line radius not less than sixty feet.
(5) Parallel streets may be required along an existing or proposed major arterial thoroughfare to provide access to lots along such major arterial thoroughfares.
(6) Service drives shall be designed to provide only secondary access.
(c) Street Right-of-Way Widths and Grades.
Street Classification | Minimum R-O-W width (in feet) | Grades (by percent) | |
Maximum | Minimum | ||
Major arterial thoroughfare | 100 | 5 | .6 |
Collector streets | 80 | 7 | .5 |
Local streets | 60 | 8 | .5 |
Local streets | 60 | 8 | .5 |
Cul-de-sac streets | 60 | 8 | 1.0 |
Parallel streets | 40 | 8 | .5 |
Service drives | 30 | 8 | .5 |
(d) Half Streets. Half streets shall be prohibited except where there is an existing half street adjacent to the subdivision, in which case the remaining half of the street shall be platted.
(e) Temporary Turnaround and Dead-End Streets. If such a street is of a temporary nature and a future extension into adjacent land is anticipated, then the turning circle beyond the normal street width shall be in the nature of an easement over the premises included in such turning circle, but beyond the boundaries of the street proper. Such easements shall be automatically vacated to abutting property owners, when the dead-end street is legally extended into adjacent land. If such dead-end street extends only one lot depth past a street intersection, no turnaround will be required.
(f) Horizontal and Vertical Curves. Angles in the alignment of street lines shall be connected by a curve with a radius on the center line of not less than 200 feet for local streets, 300 feet for collector and industrial streets and 500 feet for major arterial thoroughfares. Between reverse curves there shall be a tangent at least 100 feet long on major arterial thoroughfares. Every change in street grade shall be made with a vertical curve to provide distance suited to the location, which in no case shall be less than 300 feet from a height of four and one-half feet.
(g) Intersections. Streets shall be laid out to intersect as nearly as possible at right angles, and no street shall intersect any other street at an angle of less than seventy-five degrees. In no event shall an intersection containing streets in excess of four be approved.
(h) Street Jogs. Street jogs with center line offsets of less than 125 feet shall be prohibited. If deemed necessary by the Planning Commission, the minimum distance between center line offsets may be increased.
1171.03 EASEMENTS.
Where a subdivision is traversed by a drainage way, a storm water or drainage easement conforming substantially with the lines of such drainage way shall be provided. The easement shall be fifteen (15) feet wide or shall generally be centered upon, rear and side lot lines. Where deemed necessary by the City Engineer, a wider easement may be required.
1171.04 BLOCKS.
(a) Residential Block Lengths. For residential block lengths inside the City the long dimension of a residential block shall not exceed eight hundred feet. For residential block lengths outside the City, but within the three-mile extraterritorial jurisdiction the long dimension of a residential block shall conform to the standards of the Medina County Subdivision Regulations. The Planning Commission may approve a longer block length if topographic or other conditions warrant.
(b) Pedestrian Walkways. Pedestrian walkways, with not less than ten feet right of way, or of such greater width as deemed necessary by the Planning Commission, shall be required across blocks where the Planning Commission deems that pedestrian access to schools, playgrounds, shopping centers, transportation and other community facilities is necessary.
(c) Commercial or Industrial Blocks. Blocks intended to be used for commercial or industrial purposes shall be designed specifically for such uses with adequate space set aside for off-street parking and loading facilities.
1171.05 LOTS.
(a) Zoning Conformance. The lot size, width, depth and the minimum building setback shall conform to the applicable zoning requirements.
(b) Corner Lots. A lot at the junction of and abutting upon two intersecting streets is a corner lot.
(c) Access to Public Streets. The subdividing of land shall provide each lot with access to an existing public street.
(d) Double Frontage Lot. Lots shall not be laid out so that they have frontage on more than one street except:
(1) Where the lots are adjacent to the intersection of two streets;
(2) Where it is necessary to separate residential lots from major arterial thoroughfares. Where double frontage lots are created adjacent to major arterial thoroughfares, a reserve strip along the major arterial thoroughfare shall be deeded to the City. The plat shall state that there shall be no right of access across such reserve strip. The Planning Commission may require that a six-foot high solid board fence or masonry wall be constructed or that a ten-foot wide planting screen be provided.
(e) Lot Lines. Lot lines shall be substantially at right angles or radial to street lines. Lot lines should follow Municipal, Township and County boundary lines rather than cross them, insofar as possible.
(f) Lot Depth. Lot depth shall not exceed three and one-half times the lot width, except as otherwise authorized by the Planning Commission. In the three-mile extraterritorial area designated for residential development with no more than one dwelling unit per two gross acres, lot depth shall be limited only by consideration of interference with planned streets or the block criteria specified in Section 1171.04
(a).
1171.06 PUBLIC SITES AND OPEN SPACE.
(a) Public Facilities. The design of the subdivision shall provide for parks, playgrounds, schools and other sites for public use. Such public facilities shall conform to the adopted Land Use and Thoroughfare Plan.
(b) Natural Features. Due consideration shall be given to preserving outstanding natural features such as scenic spots, water bodies or exceptionally fine groves of trees. Dedication to and acceptance by a public agency is usually the best means of assuring their preservation.
1171.07 CONFORMITY WITH LAND USE AND THOROUGHFARE PLAN.
All proposed subdivisions shall substantially conform to the adopted Land Use and Thoroughfare Plan where not in conflict with an official zoning ordinance. Wherever a tract to be subdivided embraces a part of a proposed major thoroughfare or collector street, such part of the proposed public way shall be platted by the subdivider in the location and of the width indicated on the Land Use and Thoroughfare Plan.
1173.01 REQUIRED IMPROVEMENTS.
The improvements which are hereby required shall be designed, furnished and installed by the subdivider in accordance with the provisions of these Regulations and other regulations of the State and City. They shall be installed before the final plat is approved, or in lieu thereof, financial guarantees for such installation shall be approved prior to the approval of the final plat. The subdivider shall provide and install within the proposed subdivision improvements not less than set forth in Table 1.
TABLE 1
SCHEDULE OF REQUIRED IMPROVEMENTS
Drainage Plan | required | |
Drainage & Grading | required | |
Storm systems | required | |
Pavement | required | |
Curbs and gutters | required | |
Sidewalks | both sides* | |
Street signs | required | |
Street lights | required | |
Street trees | required* | |
Planting screens | required | |
Underground Wiring | required | |
Central water and sewer | Section 1173.04 | required |
Public sites | Section 1171.06 | required** |
Monuments | Section 1173.05 | required |
* Planning Commission may vary required improvements in industrial subdivisions.
** Planning Commission may vary required improvements in business and industrial subdivisions.
1173.02 GRADING AND DRAINAGE IMPROVEMENTS.
A drainage system shall be designed and constructed by the subdivider to provide for the proper drainage of the surface water of the subdivision and the drainage area of which it is a part. To this end the subdivision shall be graded as required by Section 1173.01, Table 1, and the following requirements and methods shall be followed:
(a) Drainage Plan. Prior to the start of any construction of streets, the subdivider shall furnish a plot plan showing the slab or floor elevation of each house proposed to be constructed. He shall also show by the use of arrows how he proposes to surface drain each lot. The subdivider shall submit topographic maps showing the area to be drained with calculations prepared by a registered professional engineer in determining the proposed storm water collection system.
(b) Drainage Requirements: Grading. No final grading, sidewalk or pavement construction or installation of utilities shall be permitted in any proposed street until the final plat has been approved or conditionally approved. The subdivider shall grade each subdivision as specified in Section 1173.01
, Table 1, in order to establish street, block and lot grades in proper relation to each other to topography as follows:
(1) Street grading plan. A grading plan shall be prepared for the streets along with street improvement details. The grading of the roadway shall extend the full width of the right of way. Planting strips shall be graded at a gradient of one-half inch (½”) per foot from the curb to the sidewalk or property line.
(2) Block and lot grading.
A. Block grading shall be as follows: drainage into the streets or as specified by the City Engineer.
B. Lot grading shall be as follows: lots shall be graded so that water drains away from each building at a minimum grade of two percent. Surface drainage swales shall have a minimum grade of one percent (1%) and shall be designed so that surface water will drain into a driveway, street gutter, storm sewer, drain inlet or natural drainage way. The minimum grade of driveways shall be a minimum of four-tenths percent and a maximum of ten percent.
C. Engineered fill. All areas within the street right-of-way as well as all areas within the building area.,i.e., between the right-of-way line and the rear setback line of each lot, requiring fill, must first be completely stripped of all topsoil and vegetation prior to the placement of any fill. Additionally, all fill in these areas must be placed in accordance with the compacted fill specifications specified by the City Engineer.
(3) Topsoil. If grading results in the stripping of topsoil, the topsoil shall not be removed from the site or used as fill, but shall be saved and uniformly spread over the lots as grading is finished.
(4) Trees. As many trees as can be reasonably utilized in the final development plan shall be retained and the grading adjusted to the existing grade at the trees at the drip line.
(c) Drainage System Requirements. Grading of the subdivision, the road drainage system, and Off-road drainage systems shall be done with regard to the natural drainage of the area involved, and open ditches, conduits, catch basins, inlets and manholes of adequate size shall be constructed to provide for such drainage. The design criteria for the drainage systems shall be as approved by the City Engineer based on the Medina County Storm Water Management and Sediment Control Rules and Regulations.
(1) All watercourses or ditches with a design capacity not exceeding the capacity of a thirty-six inch concrete pipe shall be enclosed. Existing creeks or ditches constructed by the subdivider which exceed the above limit shall be constructed with a minimum fifteen-foot wide continuous earth roadway to provide access for maintenance equipment to all sections of the ditch. The ditch easement shall be wide enough to contain ditch slopes and roadway with ample clearance for the operation of maintenance equipment. Open ditches will have a side slope ratio of two to one and a minimum of a two-foot bottom width.
(2) No open ditch shall be constructed within 100 feet of the rear of a house, as measured from the house to the edge of the ditch easement.
(3) Any storm drainage courses carried along side lot lines shall be enclosed with approved pipe.
(4) Easements for drainage purposes shall be a minimum of fifteen feet in width. Where the watercourse is larger ( including retention and detention basins), easement widths shall be increased as determined by the City Engineer including any access easements. (See subsection (c)(2) hereof). Where watercourses cross plotted lots diagonally, the subdivider shall straighten such courses where practicable and shall substantially follow sublot lines. Easements shall be shown on the record plat and deeds and shall cover all existing or reconstructed watercourses.
(d) Protection of Drainage Systems. The subdivider shall adequately protect all ditches (roadways and watercourses) to the satisfaction of the City Engineer as follows:
(1) Any watercourse having a gradient in excess of two and one-half percent shall be enclosed with pipe with the necessary inlets and shall be piped to a storm sewer, if nearby, or otherwise to a natural watercourse. Where a street is of considerable length and of various gradients, a part of which requires storm sewers, the lengths between the storm sewers, even though less than two and one-half percent gradient, shall also be enclosed in pipe, when required by the City Engineer. Material and construction shall be in accordance with the specifications of the City Engineer. Watercourses or road gutters having a gradient of less than two and one-half percent but more than one and one-half percent shall be sodded or paved with brick, concrete, half tile or broken concrete slabs. All areas within the right of way not paved or sodded shall be fertilized and seeded.
(2) All adjoining land where the vegetation has been injured or destroyed or where the land is in need of protection to prevent erosion, deposits in the drainage facilities and/or unsightly conditions shall be restored and protected as directed by the City Engineer.
(3) In all cases, any drainage facilities within the subdivision shall be in a stable condition, free from either erosion or sedimentation and/or other debris.
(4) All trenches under the paved areas shall be backfilled with gravel or screenings, or thoroughly compacted earth in four-inch layers, loose measurement as required by the City Engineer.
(e) Pipe Policy. Pipe strength and materials along with joining materials shall be subject to the approval of the City Engineer.
1173.03 STREET IMPROVEMENTS.
The subdivider shall design and construct pavements, curbs and gutters as shown herein.
(a) Pavements. Streets or sections of streets shall be paved according to the classifications imposed by the City. A general street classification is implied by the adopted Land Use and Thoroughfare Plan on display in City Hall. Specific classifications may be obtained from the City Engineer. Classifications are controlled by width and strength specifications. No street in any new subdivision shall be classified lower than Type A, Class II for paving purposes. After the underground utilities and house connections are installed and rough grading completed, the roadway subgrade shall be shaped, rolled and compacted. The subdivider may construct a temporary roadway of slag or stone for use during the building construction period. Such pavements shall be maintained in a safe and passable condition by the subdivider without expense to the City.
(1) Width:
A. Type “A” Streets. In all streets, or sections of streets in the commercial and industrial areas, where the stopping of vehicles for business purposes is frequent, and in all sections of streets on the State Highway System, the width of the pavement to be constructed or reconstructed therein shall be a minimum of thirty-one feet between back of curbs.
B. Type “B” Streets. In all streets, or sections of streets which are Collector streets the width of the pavement to be constructed or reconstructed therein shall be a minimum of twenty-nine feet between back of curbs.
C. Type "C" Streets. In all streets, or sections of streets, not designated as Type A or B Streets, the pavement to be constructed or reconstructed therein shall be a minimum of twenty-five feet in width between back of curbs.
(2) Strength:
A. Class “I” Streets. In all streets, or sections of streets, where wheel-loads in excess of 8,000 pounds are expected to be frequent, the pavement to be constructed or reconstructed therein shall be of concrete meeting the requirements of the City specifications, and shall be a minimum of eight inches in thickness, with steel reinforcement and proper subsurface drainage, in accordance with the standards of the City.
B. Class “II” Streets. In all streets, or sections of streets, where wheel loads in excess of 8,000 pounds are infrequent, the pavement to be constructed or reconstructed therein shall be of concrete meeting the requirements of the City specifications, and shall be a minimum of seven inches in thickness, with steel reinforcements and proper subsurface drainage, in accordance with the standards of the City.
(b) Curbs and Gutters. Concrete curbs and gutters, integral with pavement shall be constructed according to City standards.
(c) Sidewalks. Concrete sidewalks, four feet in width and four inches in thickness on both sides of each street are required in the subdivision including intersections and corner lots. All sidewalks shall be constructed according to City standards and at the location and grade indicated on the improved construction plans. All sidewalks in any approved subdivision or in any approved phase of a subdivision shall be completed within twenty-four months from the date of plat approval.
(d) Street Signs. The developer shall pay for and the City shall install all street name and traffic control sign. The signs shall conform to the specifications of the Service Director. The signs shall be located as directed by the Service Director.
(e) Street Lights. The subdivider shall arrange with the City Engineer for the installation of street lights in the subdivision. The subdivider shall install street lights and poles conforming to the specifications of the City.
(f) Street Trees. The developer shall pay for and the City shall install all street trees. The trees shall conform to the specifications of the City. Trees shall be provided on streets with curbs and gutters as required in the improvement schedule. These fees will be determined by the City Forester in accordance with the current specifications. The fees shall be submitted by the Developer prior to final plat approval.
(g) Planting Screens or Fences. The Planning Commission may require and permit planting screens or fences where reverse frontage lots abut a major arterial street or between a major arterial thoroughfare and a marginal access street, provided that such planting screens or fences shall not constitute a safety hazard. A plan of proposed planting screens or fences shall be submitted for approval with the final plat.
(h) Underground Electric Utilities. In all subdivisions, electric service shall be underground.
1173.04 SEWER AND WATER FACILITIES.
(a) Adequate central sanitary sewer systems, including manholes, house laterals and other incidentals, and water supply systems shall be provided by the subdivider, either by the installation of new systems or by connection to existing systems which are deemed adequate to handle the additional demands and volume which will result from the proposed subdivision. Water system extensions must be reviewed and approved by the City Engineer, sanitary sewer system extensions and all sanitary sewer matters must be reviewed and approved by the Medina County Engineer. The subdivider, prior to the submission of the plat for approval by the Planning Commission, must receive the prior written approval for the extension or installation of such central water system and central sanitary sewer system from the City Engineer, the County Sanitary Engineer, and the Ohio Department of Health.
(b) All trenches under paved areas shall be backfilled to the finish grade with gravel or screenings, or thoroughly compacted earth in four-inch layers, loose measurement.
1173.05 MARKERS.
(a) Permanently installed markers which are adequate for a resurvey of the subdivision shall be shown on the record plat.
(b) In each plat of ten or less lots there shall be set at least four permanent markers; in each plat containing more than ten lots there shall be placed as many additional permanent markers as the surveyor deems necessary to properly control his original survey. Such permanent markers shall be made of solid iron pins at least one inch in diameter and at least thirty inches long, and driven to thirty inches below finished grade. As part of the As-Built Drawings (refer to Section 1169.04(c)), the subdivider must submit locations and elevations for all markers.
(c) In addition to permanent markers, at each corner of each inlot shall be set a solid iron pin not less than one-half inch in diameter and thirty inches in length.
1173.06 OVERSIZE AND/OR OFF-SITE IMPROVEMENTS.
Oversize and/or off-site extensions of utilities, pavements and other improvements shall be designed and constructed to facilitate the orderly development of nearby land which is an integral part of the neighborhood service or drainage area. Where the City Engineer determines that improvements in excess of the size needed to serve the proposed subdivision are necessary, the subdivider shall install all improvements required to serve his subdivision plus the additional oversize and/or off-site improvements required. The subdivider may contract with adjacent property owners and/or subdividers of adjacent land for reimbursement of the oversize and/or off-site improvements required. Such improvements shall be available for connections by individual property owners and/or subdividers of adjoining land.
1173.07 CONSTRUCTION REQUIREMENTS.
(a) Preconstruction Meeting and Work Schedule. A preconstruction meeting will be held with the City Engineer prior to the commencement of any project. At this time the project will be discussed in regard to procedure, plans, materials, inspections, including conditions of adjoining improvements within the Street R-O-W, etc.
(b) Construction Inspections.
(1) Responsible official. The City Engineer shall be responsible for the inspection of all improvements.
(2) Authority and duties of inspectors. Inspectors for the City shall be authorized to inspect any work done and all materials furnished. Such inspection may extend to all or any part of the work and to the preparation, fabrication or manufacture of the materials to be used. The inspector shall not be authorized to revoke, alter or waive any requirements of the specifications or plans. He shall be authorized to call to the attention of the contractor any failure of the work or materials to conform to the specifications and contract. He shall have the authority to reject materials which do not meet specification requirements or suspend the portion of the work involved until any question at issue can be referred to and decided by the City Engineer. Inspection during the installation of improvements shall be made by the inspector to insure conformity with the approved plans and specifications as contained in the subdivider's construction agreement. (See Section 1165.05 (b) for fees).
(3) Final inspection. Upon completion of all the improvements, the subdivider shall request in writing a final inspection by the City Engineer. The City Engineer shall make a final inspection of improvements.
(c) Construction Responsibilities.
(1) Cooperation of subdivider and/or contractor. The subdivider and/or contractor shall have available on the project, at all times, two approved copies of all required plans and specifications. He shall cooperate with the inspector and with other contractors in every way possible. The subdivider and/or contractor shall at all times have a competent superintendent acting as his agent on the project. The superintendent shall be capable of reading and thoroughly understanding the plans and specifications. He shall have full authority to execute the plans and specifications and to promptly supply such materials, tools, plant equipment and labor as may be required. A superintendent shall be furnished irrespective of the amount of work sublet.
(2) Work schedules. The subdivider and/or contractor shall submit weekly work schedules every Friday for the following week's work. Work which has not properly been scheduled shall not be accepted by the City Engineer. All work schedules must be inspected and approved by the City inspectors. Unsatisfactory progress reports will be returned for revision. The normal work week is assumed to be an eight-hour day, Monday through Friday; if overtime will be needed, it shall be indicated on the schedule.
(3) Grade stakes. Pavement and pipe grade stakes shall be set at twenty-five foot intervals on horizontal and vertical curves and for all grades less than one percent. Tangent pavement grades and pipe grades over one percent may be set at a maximum interval of fifty feet. Stakes shall be protected until their use is no longer needed. After the rough grading for the streets and utilities has been completed, the owner's engineers shall set a new set of line and grade stakes for the pavement. Stakes shall be set at a maximum of ten feet from the edge of the pavement, and at a maximum of twenty-five foot intervals on vertical and horizontal curves, and at a maximum of fifty foot intervals on tangents. Matters in question regarding the design or stake-out of the work shall be referred to the City Engineer for his interpretation.
(4) Repair of damage. Any damage done to the proposed or existing improvements by construction traffic, local traffic or by any other means shall be repaired or the damaged materials replaced before the next item of construction is begun.
(5) Final cleaning up. Upon completion of the work and before acceptance, the subdivider and/or contractor shall clean all ground occupied or affected by him in connection with the work. The entire area shall be left in a neat and presentable condition satisfactory to the inspector.
(6) Maintenance of improvements of dedicated streets. The subdivider shall be responsible for the maintenance of the improvements during the construction period and shall be responsible for providing the services necessary to guarantee access to all occupied lots, until final acceptance of the improvements by the City Engineer. The subdivider shall be notified by the City Engineer of the need for maintenance or service. If the subdivider fails to perform such necessary maintenance or service within a time specified by the City Engineer, the City may perform maintenance or service and bill the subdivider for such service. Payment shall be guaranteed by the performance bond. In addition, the subdivider shall maintain all improvements for such periods specified in Section 1173.08(e).
(7) City services. Services customarily rendered by the City to the residents thereof, such as garbage collections, snow removal and fire protection, will not be done by the City until the paving is completed. The owner shall so inform all prospective buyers by the erection of signs in conspicuous places at all entrances to the subdivision. Signs shall be not less than four square feet in area, with two-inch lettering. The furnishing of such services within the subdivision shall in no way obligate the City in the matter of maintenance of the pavement or any of the utilities until the expiration of the eighteen-month maintenance period as defined in Section 1173.08(e).
1173.08 AGREEMENTS AND GUARANTEES.
All bonds, insurance and other financial guarantees required under this section shall be secured from companies authorized to do business in the State, and shall be deposited and remain at all times with the City Finance Director.
(a) Plan Checking and Field Inspection. Prior to the commencement of Construction, the subdivider shall deposit an amount of money equal to the estimated cost of plan checking and field inspection. All work done by the Engineer in connection with checking, computing and correcting such plans for improvements, all Ohio Edison street light connection fees, and all street name sign installation fees and all other applicable fees directly related to the review, inspection and/or installation of subdivision improvements, shall be charged against such deposit. If, during the progress of the work, the cost thereof appears to exceed the amount so deposited, the Engineer shall notify the subdivider of this fact and shall do no further work in connection with such review until the subdivider has deposited such additional sum of money determined necessary by the Engineer to cover the cost of the work. The subdivider shall also pay to the Office of the Finance Director an amount fixed by City Council per man hour for field inspection of the improvements. The estimated inspection fees shall be determined by the Engineer. The subdivider is held responsible for all of the above listed fees. The performance bond posted by the subdivider guarantees the payment of all of the above listed fees, and no bonds will be released until all inspection fees have been paid in full.
(b) Insurance. The owner shall save the City, its officers and agents harmless from all claims of any nature whatsoever by any person, firm or corporation, either for damages to person or to property, arising out of the carrying out of the work, and/or from liability from all claims relating to labor or material furnished for the entire work and material used in constructing the improvements. The owner shall, prior to recording of the record plat, furnish the City with evidence of paid-up insurance for the protection of himself and the City that provides public liability insurance and automobile insurance in the following minimum amounts and coverages:
Bodily injury, each person | $1,000,000 |
Bodily injury, each occurrence: | $2,000,000 |
Property damage, each accident: | $250,000 |
Property damage, aggregate: | $500,000 |
(c) Construction Agreement. To assure construction and installation of improvements required by these Regulations, the subdivider shall execute a construction agreement with the City in form and substance as determined by the City Engineer and approved by the Law Director. This agreement shall provide 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 improvements; such improvements shall be available to and for the benefit of the lands within such subdivision; such improvements will be completed and installed within the time for completion as set forth in the ordinance approving the record plat. Any further provisions that the Law Director may deem necessary to the public interest may be added, including the right to request surveys, resurveys, title searches or liquidated damage clauses. The construction agreement shall further provide that, if the improvements are not completed within the specified time, the City, upon proper notice, may complete the improvements and recover full costs and expenses thereof from the subdivider and may appropriate each portion of money or bonds posted for the faithful performance of such works. Prior to Council accepting this Construction Agreement, the subdivider must submit a Performance Guarantee (refer to Section 1173.08
(e)).
(d) Commencement of Improvements. No construction of any improvements or clearing, grubbing and grading shall be commenced prior to the approval of the construction agreement by Council.
(e) Performance Guarantee.
(1) Type of guarantee. The subdivider, when requesting Council's approval of the Construction agreement and/or the record plat, shall execute and file with the Finance Director the construction agreement provided for herein, and also shall file with the Finance Director a full construction letter of credit in an amount equal to the estimated cost of all the improvements which he has agreed to build and install, plus an additional five percent of such cost. The additional amount shall provide for any margin of error in estimation and shall also be available to the City to offset increased construction costs and administrative costs which the City may incur if it is forced to complete the improvements under the forfeiture provisions hereof. The subdivider’s engineer shall prepare a cost estimate and submit it to the City Engineer for approval. The letter of credit shall specifically stipulate that all draw requests must be approved in advance by the City Engineer. Additionally, the letter of credit becomes null and void only after the City Engineer certifies the completion of the work. Finally, the letter of credit must specifically state that the City may draw upon this letter of credit to complete any improvements not completed by the subdivider within the specific time periods established herein. The form of the letter of credit must be approved by the Finance Director and the Law Director. An example of an acceptable letter of credit can be found in the appendix of this section.
(2) Term of guarantee. The letter of credit shall be for a period of time at least one year longer than the time in which the subdivider is to complete his improvements. In the case of a surety bond, it shall provide that no reasonable extension of time granted the subdivider by the City shall act as a release of the surety or sureties.
(f) Final Inspection. Upon completion of all the various items of work, the subdivider may apply to the City for final inspection. If the City finds that all installations meet the requirements of the approved plans and specifications, and the same are approved and accepted by the City Engineer, then the performance bond may be discharged, provided that the subdivider has first posted his maintenance bond as provided for herein. All items found to be not acceptable by the City Engineer at the time of the final inspection must be corrected prior to the issuance of any building permits. The subdivider will not be allowed to apply for any building permits within the subject subdivision until all improvements (excepting sidewalks) have been completed to the satisfaction of the City Engineer and all required submittals have been forwarded to and approved by the City Engineer.
(g) Maintenance Guarantees. A cash maintenance bond or a corporate surety bond shall be posted with the City in the amount of ten percent of the cost of improvements and shall be arranged for a period of 24 months from the date of final inspection and approval of improvements by the City Engineer. The bond shall be subject to approval by the Finance Director and the Law Director. The subdivider shall be responsible for routine maintenance of all improvements within twenty-four months, and shall repair all failures due to faulty construction as soon as they become apparent. The subdivider shall also make repairs due to erosion or abuse by utility companies and shall repair all failures for all other reasons during the maintenance guarantee period. The streets and other improvements shall be in a condition acceptable to the City Engineer at the end of the maintenance period. If the subdivider fails to perform such maintenance to the complete satisfaction of the City Engineer, the City Engineer may use such cash maintenance guarantee to complete the required improvements.
(h) Bond Release. At the termination of the twenty-four month maintenance period the subdivider may apply to the City for an inspection of the various items of work. Before the inspection is made the subdivider shall cause the sanitary sewers, storm sewers and the surface of the pavement and walk to be cleaned. The City shall require the replacement of any defective work or materials, or of any walk that has been damaged within the twenty-four month maintenance period. When the City finds that any defects in workmanship or materials which might have developed within the twenty-four month maintenance period have been properly corrected and that other obligations of the bond have been satisfied, it shall notify the subdivider that the bond may be released, and the City shall assume all maintenance thereafter.
(i) Bond Forfeited. If the improvements are not completed as proposed within the time limit that was established in the acceptance ordinance, or an extended time period approved by Council, the performance bond shall be forfeited and the money shall be collected by the City and used to complete the specified improvements. The money that is collected from the bond shall be used for no other purpose, except that the City may charge ten percent in addition to the cost of the improvements for administrative overhead. Any money remaining after the completion of the work shall be returned to the original depositor. If at the termination of the eighteen-month maintenance period the subdivider fails to make the repairs, corrections or improvements which are ascertained by the City Engineer, then the City may declare the bond and use the proceeds to make repairs and corrections necessary and to perform the maintenance required of the subdivider. The money so collected shall be used for no other purpose except that the City may charge ten percent in addition to the cost of the repairs, corrections or maintenance to offset administrative overhead, and any remaining funds shall be returned to the original depositor.
(j) Miscellaneous. The guarantees for performance and maintenance provided for herein may be combined in a single document or instrument so long as the obligations are clearly stated and the City is not prejudiced by combining them. Any such combination bond must be approved by the Law Director. At any time during the existence of the performance or maintenance obligations, the subdivider may exchange one form of guarantee for another so long as the City is not thereby prejudiced. Any application for such a substitution must first have the approval of the Law Director.