Moreland Hills City Zoning Code
TITLE THREE
Subdivision Regulations
1109.01 INTERPRETATION.
For the purpose of this Title Three, Subdivision Regulations, terms or words used herein shall be interpreted according to this Chapter and Chapter 1123. In the case of a discrepancy in meaning or implication between the text of this Code and any illustration or caption, the text shall control.
(a) The words "these Regulations" shall mean the Subdivision Regulations of the Village of Moreland Hills, Ohio.
(Ord. 2012-21. Passed 7-11-12.)
1109.03 DEFINITIONS.
(a) Words used in this Code are used in their ordinary English usage.
(b) For the purpose of these Subdivision Regulations, the following terms shall have the meaning herein indicated:
(2) Plan, improvement. Drawings, plans, and maps including all the elements set forth in Section 1111.11.
(3) Plan, preliminary. A drawing, which contains the information set forth in Section 1111.05, Preliminary Plan Contents, for the purpose of study of a subdivision and which, if approved, permits proceeding with the preparation of the final plat.
(4) Plat. A map of a lot, tract or subdivision on which the lines of each element are shown by accurate distances and bearings.
(5) Plat, final. The final map, drawing or chart on which the subdivider's plan is submitted to the Planning Commission and the Village Council for approval, and which, if approved, will be submitted to the Cuyahoga County Recorder.
(6) Subdivider. Any individual, firm, association, syndicate, partnership, corporation, trust or any other legal entity commencing proceedings under these Subdivision Regulations to effect a subdivision of land hereunder for himself or for another.
(Ord. 2012-21. Passed 7-11-12.)
1111.01 INTENT.
The provisions of this Chapter are established to achieve effective, efficient, and uniform administration of these Regulations.
(Ord. 2012-21. Passed 7-11-12.)
1111.03 PRE-APPLICATION MEETING OPTIONAL.
The owner and/or agent of the owner of the land proposed to be subdivided may meet with the Village prior to submitting a preliminary plan. The purpose of such meeting is to familiarize the owner and/or agent of the owner with the requirements and standards contained in these Regulations, the Village's Planning and Zoning Code and other applicable Village ordinances.
(Ord. 2012-21. Passed 7-11-12.)
1111.05 PRELIMINARY PLAN CONTENTS.
The owner and/or agent of the owner of the land proposed to be subdivided shall submit copies of the preliminary plan of the proposed subdivision to the Building Inspector. The preliminary plan shall contain the following information which is subject to the review and approval of the Planning Commission and the Village Council:
(a) The proposed name of the subdivision. This name shall not duplicate or closely approximate the name of any other subdivision in the Village, in so far as is practical;
(b) The names, addresses and telephone numbers of the owner and/or agent of the owner, and the person who prepared the preliminary plan;
(c) A vicinity map showing the proposed subdivision and its location within the Village, in relation to surrounding subdivisions, streets and nearby recreation and community facilities;
(d) The date of the survey, the scale of the proposed preliminary plan and a north arrow;
(e) The boundary outline of the land to be subdivided;
(f) The locations, widths and names of all boundary streets or streets terminating at such boundaries;
(g) The proposed arrangement of streets and sublots with dimensions;
(h) The location of all existing watercourses, culverts, storm and sanitary sewers, watermains and retention and detention systems;
(i) The location of all areas subject to the Hillside Zone and Riparian Setback Regulations, wooded areas, flood plains, wetlands and other natural features within and/or adjacent to the proposed subdivision;
(j) A topographical map with contour intervals of not more than two (2) feet, with one-foot contour intervals shown where required to accurately portray the existing topography;
(k) The layout, lots, acreage and names of streets within the proposed subdivision;
(l) The location of all proposed utility, water and sewer lines, and of all detention and retention basins, in the proposed subdivision, and the location of their nearest existing connections;
(m) The existing zoning classifications and lot requirements for the proposed subdivision, including but not limited to, the minimum required open space; minimum lot size, width and depth; and the building setback requirements in the zoning district;
(n) Any existing or proposed covenants running with the land, deed restrictions, rights-of-way or easements; and,
(o) Such other reasonable information as the Commission, the Village Council, and the Village Engineer may require.
(Ord. 2012-21. Passed 7-11-12.)
1111.07 PRELIMINARY PLAN PROCEDURES.
(a) The owner and/or agent of the owner shall submit prints of the preliminary plan to the Building Inspector.
(b) The Building Inspector and Village Engineer will then forward the prints of the preliminary plan, together with his or her comments and recommendations, to the Planning Commission.
(c) The owner and/or agent of the owner shall deposit with the Village Treasurer such funds as determined by the Village for the payment of engineering, legal, or other consultant fees incurred by the Village to review the preliminary plans. A minimum fee, as determined by the Village, shall remain on deposit with the Village until the final plat and improvement plans are approved by the Planning Commission.
(d) The Commission shall set a date for a public meeting at which time the preliminary plan shall be considered and shall notify the owner and/or agent of the owner of the date, time, and place of such meeting so the owner and/or agent of the owner may attend.
(e) At said public meeting, the Commission shall, by record vote, approve or disapprove the preliminary plan as submitted or as modified to meet its suggestions.
(1) Approval.
A. If the vote of the Commission is to approve the preliminary plan as submitted or as modified to meet its suggestions, it shall send the preliminary plan to Council with a written report of its action.
B. Council shall, by record vote, approve or disapprove the preliminary plan by majority vote.
C. If Council approves the preliminary plan, the owner and/or agent of the owner may proceed with the proposed improvement plans, profiles and final plat, which shall include all modifications as suggested by the Commission and the Village Engineer and required by Council. The Building Inspector shall retain one (1) print of the preliminary plan showing all changes and modifications as proposed by the Commission and the Village Engineer. Said print shall be used to check the proposed improvement plans, the profiles, and the final plat when it is submitted.
(2) Disapproval.
A. If the vote of the Commission is to disapprove the preliminary plan, its action is final unless the owner and/or agent of the owner elects to file a notice of appeal of the adverse report to Council within thirty (30) days after the decision of the Commission.
B. If the owner and/or agent of the owner elects to appeal the Commission's vote of disapproval to Council, Council can only approve the preliminary plan by a minimum five-sixths vote.
(f) All actions by both the Commission and Council shall be made a matter of the minutes of their meetings.
(Ord. 2012-21. Passed 7-11-12.)
(Ord. 2012-21. Passed 7-11-12.)
1111.09 PRELIMINARY PLAN APPROVAL PERIOD.
The approval of a preliminary plan shall be valid for a maximum period of one (1) year and shall guarantee that the terms under which the approval was granted will not be affected by changes to these Regulations. To extend an approval at the end of one (1) year, the owner and/or agent of the owner shall resubmit the complete preliminary plan to the Building Inspector, the Village Engineer, the Planning Commission and Council for a full review.
(Ord. 2012-21. Passed 7-11-12.)
1111.11 PROPOSED IMPROVEMENT PLAN AND PROFILE REQUIREMENTS.
The owner and/or agent of the owner shall prepare proposed improvement plans and profiles of the proposed subdivision.
(a) Proposed Improvement Plans. The proposed improvement plans shall be plotted with a horizontal and a vertical scale as determined by the Village Engineer. The proposed improvement plans shall include:
(1) The proposed name of the subdivision;
(2) The names, addresses and telephone numbers of the owner and/or agent of the owner, the owner (if different from the owner and/or agent of the owner), the professional engineer and registered surveyor who prepared the improvement plans, and appropriate registration numbers and seals;
(3) A vicinity map showing the proposed subdivision and its location within the Village;
(4) The date and scale of the proposed improvement plans, and a north arrow;
(5) The boundary outline of the land to be subdivided;
(6) The proposed arrangement of streets and sublots with dimensions;
(7) The grading plan for all proposed sublots and common areas in the proposed subdivision;
(8) The layout and construction notes of all proposed culverts, storm and sanitary sewers, water mains and storm water management systems;
(9) All other existing and proposed features and improvements pertinent to the platting of the subdivision; and,
(10) Such other reasonable information as the Village Engineer may require.
(b) Proposed Profiles.
(1) The proposed profiles, which may be prepared on standard cross-section paper, shall have a minimum horizontal and vertical scale as determined by the Village Engineer.
(2) The proposed profiles shall show the existing elevations on the centerline at intervals determined by the Village Engineer and at intermediate points where there is a sharp break in grade.
(3) A proposed centerline Profile shall be shown, with vertical curves at each change of grade in excess of 0.3 of one percent.
(c) Improvement Plans. The owner and/or agent of the owner shall provide improvement plans for review by the Village Engineer and the Building Inspector, as required. The improvement plans shall include all appropriate information and data and shall be submitted in the manner and form required by said reviewing authority. (Ord. 2012-21. Passed 7-11-12.)
1111.13 PROPOSED IMPROVEMENT PLAN AND PROFILE PROCEDURES.
(b) The Village Engineer will then forward the prints of the proposed improvement plans and profiles, together with his or her comments and recommendations, to the Building Inspector for his or her review and comments.
(c) A written report of the reviews shall be provided to the owner and/or agent of the owner and the Planning Commission.
(d) The owner and/or agent of the owner may submit the proposed improvement plans and profiles at the same time that he or she submits the final plat to the Building Inspector and the Village Engineer. (Ord. 2012-21. Passed 7-11-12.)
1111.15 FINAL PLAT REQUIREMENTS.
(a) The final plat shall be made by a registered professional surveyor who shall affix his or her signature and seal to the usual certificate stating the scale of the plat, the correctness of the survey and calculations and that permanent monuments will be set at points so indicated.
(b) The final plat shall be made on a permanent mylar tracing. An electronic version shall be supplied to the Village Engineer. A duplicate document shall be furnished to the Building Inspector.
(c) The title of the final plat shall show:
(1) The name of the subdivision;
(2) The name(s) of the owner(s) and/or agent of the owner(s);
(3) That the subdivision is located in the Village;
(4) The date signed by the surveyor;
(5) The proper dedication clauses to be signed by the owner and notarized;
(6) The proper utility clauses.
(7) The proper easement clauses.
(8) Mortgage release clause.
(9) A dedication clause to be signed by the owner containing reference to these Regulations;
(10) An acceptance of dedication of streets to be signed by the Village Clerk after Council has accepted the dedication of streets as Village highways and/or streets, as provided for in Section 1111.31.
(11) Acceptance clauses to be signed by the Village Engineer, Chairman of the Planning Commission and the Village Clerk.
(d) The final plat shall:
(1) Be complete and consistent in itself as to all measurements; and
(2) Show all survey data, both as to monuments and courses, used to define the outlines of the land subdivided.
(Ord. 2012-21. Passed 7-11-12.)
1111.17 FINAL PLAT PROCEDURES.
(a) The owner and/or agent of the owner shall submit the original tracing of the final plat and prints to the Village Engineer. If the Village Engineer finds that all requirements of Section 1111.15 have been complied with, the Village Engineer shall sign and forward the same to the Planning Commission.
(b) The Village shall bill the owner and/or agent of the owner for all costs and expenses incurred by the Village Engineer for the review of the preliminary plan, proposed improvement plans, profiles, and the final plat.
(c) If the Planning Commission finds that all the requirements of Section 1111.15 have been complied with, that all conditions imposed by the Commission in its preliminary approval have been met and that all costs and expenses owed to the Village thus far have been paid by the owner and/or agent of the owner, including the applicable items in Sections 1111.21, 1111.23, 1111.25, 1111.27 and 1111.29 as well as any other payment of all fees, charges, expenses and guarantees to the Village incurred relating to such subdivision, then the Commission shall approve such final plat as presented or with modifications. If the Commission finds that the application does not demonstrate that the required standards have been met, the Commission shall disapprove the final plat.
(d) The acceptance of dedication of streets clause, as provided for in Section 1111.15 (c)(10), shall not be signed by the Village Clerk until the Village Engineer and the Roads and Safety as well as the Facilities Committees of Council have certified that the owner and/or agent of the owner has complied with the conditions of Sections 1111.21, 1111.23, 1111.25, 1111.27, and 1111.29 and Council has, by resolution, approved the plat for acceptance of dedication of streets, as provided for in Section 1111.31.
(Ord. 2012-21. Passed 7-11-12.)
1111.19 FINAL PLAT APPROVAL PERIOD.
The approval of the final plat shall be valid for a maximum period of one (1) year and shall guarantee that the terms under which the approval was granted will not be affected by changes to these Regulations. To extend an approval at the end of one (1) year the owner and/or agent of the owner shall resubmit the complete improvement plans, profiles and final plat to the Village Engineer, the Planning Commission, and Council for a full review.
(Ord. 2012-21. Passed 7-11-12.)
1111.21 IMPROVEMENTS REQUIRED.
(a) Before the final plat and improvement plans may be approved by the Commission, the owner and/or agent of the owner shall, at least one (1) week before the regularly scheduled Commission meeting, submit to the Treasurer a deposit by certified check in the amount determined by the Village, of the estimated cost of the improvements to insure the payment by the owner and/or agent of the owner of all costs of processing such plat and the cost of inspection by the Village Engineer, or his or her representative, of the construction of all improvements shown on the improvement plans. In case such expenditures exceed such deposit, the excess shall be borne by the owner and/or agent of the owner Should expenditures be less than the deposit, the balance shall be refunded to the owner and/or agent of the owner.
(b) No road, street, highway, lane, boulevard or other way shall be accepted for dedication within the Village unless it has been approved to the full satisfaction of Council and the Village Engineer, in accordance with the minimum requirements set forth in Chapter 1113, except as provided for in these Regulations.
(c) Except as otherwise provided for in Chapter 1153, Residential Open Space Conservation District, no person shall use any public street, highway, lane, boulevard or other way or part thereof for access to more than one (1) dwelling house and no additional building permits shall be issued therefor, unless it has first been improved to the full satisfaction of Council and the Village Engineer. (Ord. 2012-21. Passed 7-11-12.)
1111.23 FILING OF IMPROVEMENT PERFORMANCE GUARANTEE.
(a) Before the commencement of any work in such subdivision, the owner and/or agent of the owner shall file with the Village Clerk an improvement performance guarantee with corporate surety in the amount of the construction costs of all improvements necessary to complete the subdivision in a satisfactory and timely manner in accordance with these Regulations and other applicable regulations of the Village.
(b) Performance guarantees for subdivisions shall be in such form as are approved by the Law Director.
(c) Upon failure of completion of all improvements within twelve (12) months from the time of final plat approval as specified in Section 1111.19, or any extension granted by the Planning Commission for good cause shown, the Village may, at its option and upon ten (10) days written notice to the owner and/or agent of the owner, complete all or any portion of the improvements and the owner and/or agent of the owner shall be liable to the Village for the costs of such improvements, plus an additional twenty-five percent (25%) of such costs to cover Village overhead.
(d) Should the Village exercise its option to complete all or any portion of the improvements, after written notification to the owner and/or agent of the owner, the improvement performance guarantee amount shall be declared forfeited and the costs of completion, plus overhead, shall be charged against such amount.
(e) Upon the furnishing of a maintenance performance guarantee by the owner and/or agent of the owner as provided for in Section 1111.29, the balance of the improvement performance guarantee fund shall be returned. Final payments will not be made until the owner and/or agent of the owner provides a maintenance performance guarantee.
(Ord. 2012-21. Passed 7-11-12.)
1111.25 INSPECTION OF COMPLETED IMPROVEMENTS.
Following the completion of the permanent paving and improvements, an inspection of all improvements installed by the owner and/or agent of the owner, as listed in Chapter 1113, shall be made by the Village Engineer. Any defects disclosed by this inspection shall be corrected by the owner and/or agent of the owner.
(Ord. 2012-21. Passed 7-11-12.)
1111.27 FILING OF TITLE INSURANCE.
As soon as the improvements to be dedicated for public use or public maintenance that are installed by the owner and/or agent of the owner have been approved by the Roads and Safety as well as the Facilities Committees of Council and the Village Engineer, the owner and/or agent of the owner shall file with the Law Director title insurance in the amount determined by the Village, meeting with the approval of the Law Director and showing the title to the street or streets or utilities in the subdivision to be good in the Village for street purposes and to be free and clear from all encumbrances whatsoever.
(Ord. 2012-21. Passed 7-11-12.)
1111.29 FILING OF MAINTENANCE PERFORMANCE GUARANTEE.
After the improvements are completed and approved by the Roads and Safety as well as the Facilities Committees of Council and the Village Engineer, the owner and/or agent of the owner shall provide the Village with a two (2) year maintenance performance guarantee in an amount determined by the Village for all improvements installed that are to be maintained by the Village. (Ord. 2012-21. Passed 7-11-12.)
1111.31 ACCEPTANCE OF DEDICATION OF STREETS.
Once the Roads and Safety as well as the Facilities Committees and the Village Engineer approve and certify that the owner and/or agent of the owner has complied with the conditions of Section 1111.25 and Sections 1111.27 and 1111.29, payment of all fees, charges, expenses and guarantees to the Village have been made as required by Section 1111.39, Council will then approve the plat for dedication of such street areas, accept the streets as Village highways/streets and release all of the improvement performance guarantee required by Section 1111.23. The Village Clerk will then sign the acceptance of dedication of streets clause on the final plat.
(Ord. 2012-21. Passed 7-11-12.)
1111.33 RECORDING OF FINAL PLAT.
The final plat, in the final executed form, shall be recorded with the Cuyahoga County Fiscal Officer by the Village at the expense of the owner and/or agent of the owner.
Building permits shall not be issued until the original plat is on file with the Building Inspector.
(Ord. 2012-21. Passed 7-11-12.)
(Ord. 2012-21. Passed 7-11-12.)
1111.35 WAIVER OF FILING PLATS.
Notwithstanding the provisions of this Chapter, the requirements for filing plats may be waived under the following substitutions:
(a) The proposed subdivision of land abuts upon an existing public street and does not involve the opening, widening or extension of any street or road, and where the entire project does not involve more than five (5) lots; or
(b) There is a proposed sale or exchange of parcels between adjoining owners, where the sale or exchange does not create additional building sites; and
(c) There is submitted to the Planning Commission a plat to scale showing the proposed subdivision and such other information as is pertinent to its determination and action thereof under this Chapter; and
(d) If the Planning Commission is satisfied that such proposed subdivision is not contrary to other applicable subdivision or zoning regulations, it shall, at a regular meeting, approve such subdivision and shall stamp the same "Approved by the Village Planning Commission of the Village of Moreland Hills. No Plat required", and shall have it signed by the Village Clerk.
(e) A minor subdivision, which involves the division of a parcel of land along an existing public street that is fully improved and which does not involve the opening, widening or extension of any road or street and associated utilities and does not involve more than five (5) proposed lots, shall be exempt from the requirements of final plat approval and Sections 1111.11 to 1111.31 of these Regulations.
(f) Such a minor subdivision shall be filed and recorded in the office of the Cuyahoga County Fiscal Officer by an authorized representative of the Village within thirty (30) days after preliminary plan approval by the Planning Commission and Council, provided that all required fees, charges, expenses and guarantees as required by Section 1111.39 have been paid to the Village.
(Ord. 2012-21. Passed 7-11-12.)
1111.37 LOCATION OF FINAL PLAT FILE.
The Building Inspector shall be the custodian of all final plats for all the platted lands in the Village, subject to rules and regulations promulgated by the Planning Commission. Such plats shall be maintained on file, properly indexed and available for inspection by the public. Copies of such plats shall also be maintained at the Village Engineer's Office.
(Ord. 2012-21. Passed 7-11-12.)
1111.39 FEES, CHARGES, EXPENSES AND GUARANTEES.
The owner and/or agent of the owner of the proposed subdivision shall be responsible for all fees, charges, expenses and guarantees owed to the Village for costs incurred relating to such proposed subdivision. Such fees, charges, expenses and guarantees shall include engineering fees for the Village Engineer, inspection fees, filing and recording fees, performance guarantees and title insurance.
Fees for engineering review and inspection during construction shall be paid for and placed for deposit prior to those services being performed by the Village Engineer or his or her representative. A minimum fee, as determined by the Village, shall remain on deposit with the Village at all times until the project is approved by the Planning Commission and final plat filing occurs. (Ord. 2012-21. Passed 7-11-12.)
1111.41 VARIANCES.
The Planning Commission as established by Charter of the Village shall hear requests for variances under these Subdivision Regulations.
In recommending a variance, the Planning Commission may attach conditions as it may deem necessary to assure compliance with the objectives of the Subdivision Regulations and the Planning and Zoning Code. The Commission may recommend a variance during preliminary plan review under the authority of the following rules, to protect the general purposes of the Subdivision Regulations and the Planning and Zoning Code so the public health, safety and general welfare of the residents of the Village may be secured and substantial justice done:
(a) The Planning Commission shall make its recommendation on applicant's request for variance to Village Council for consideration at Council's next regularly scheduled meeting.
After reviewing the Planning Commission's recommendation, Council may confirm, amend, or reverse the decision.
(b) The following factors shall be considered and weighed by the Commission when determining to recommend the granting of a variance to these Subdivision Regulations:
(1) Whether the unusual shape, exceptional topographic/environmental conditions, geological problems, or other similar extraordinary situations or conditions in connection with a specific piece of property, when considering the literal enforcement of these Regulations, create considerable difficulties or result in an undesirable plat;
(2) Whether the granting of the variance results in better lot design than strict adherence to these Regulations. Better lot design is defined as meaning such items as larger in area, more practical site design because of topography, wetland or other environmental constraints, or the lot design will result in lots nearer to conformance to required standards.
(3) Whether the granting of the variance will not be unduly detrimental to the public welfare nor injurious to the property or improvements in the vicinity in which the subject property is located.
(4) Whether the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation at issue.
(c) Once a variance application has been denied, Council need not reconsider the same or a substantially similar application involving the same property unless the underlying conditions have substantially changed or substantial new evidence is submitted, as determined by the Building Inspector.
(d) If the construction described in any variance is not begun within six (6) months from the date the variance is approved by Council or has not been completed within two (2) years from the date of approval thereof, the variance shall expire.
(Ord. 2012-21. Passed 7-11-12.)
1111.99 PENALTY.
A violation of any provision of this Chapter shall be subject to the provisions of Chapter 1137, Enforcement and Penalties. (Ord. 2012-21. Passed 7-11-12.)
1113.01 APPLICATION OF CHAPTER.
The provisions of this Chapter shall control the manner in which streets, lots, and other elements of a subdivision are arranged on the land.
(Ord. 2012-21. Passed 7-11-12.)
1113.03 INTENT.
The standards set forth in this Chapter are established to achieve the objectives of these Regulations and to create attractive and functional development that will be an asset to the community. (Ord. 2012-21. Passed 7-11-12.)
1113.05 RESPONSIBILITIES OF THE OWNER AND/OR AGENT OF THE OWNER.
Unless otherwise specified, the owner and/or agent of the owner, through his or her engineer, shall prepare and furnish to the Village all plans, specifications, cost estimates and any other documents necessary for the construction and installation of all required improvements. Further, the owner and/or agent of the owner shall provide and pay for all improvements necessary to serve his or her proposed subdivision, as determined by these Regulations and the Village Engineer.
(Ord. 2012-21. Passed 7-11-12.)
(Ord. 2012-21. Passed 7-11-12.)
1113.07 INITIATION OF IMPROVEMENTS.
No improvements shall be started unless the complete plans, cross-sections, details and specifications, prepared, signed and sealed by a registered professional engineer in accordance with Chapter 1111, have been approved by the Village Engineer and the Planning Commission and unless an improvement performance guarantee, as provided for in Section 1111.23, has been filed with the Village Clerk. (Ord. 2012-21. Passed 7-11-12.)
1113.09 MINIMUM REQUIREMENTS GENERALLY.
The minimum requirements for improving streets, lots, and other elements of a subdivision shall be in accordance with the following Sections.
(Ord. 2012-21. Passed 7-11-12.)
1113.11 LOTS.
(a) Every lot shall abut a public street, except as otherwise provided for in Chapter 1153, Residential Open Space Conservation District, and be of adequate size and shape to comply with the Planning and Zoning Code of the Village.
(b) Lots may be created on private streets that existed as of the passage date of the ordinance enacting this Code, provided such newly created lots comply with all other applicable requirements in these Regulations and the Village's Planning and Zoning Code.
(Ord. 2012-21. Passed 7-11-12.)
1113.13 BLOCKS.
Blocks shall be of sufficient width to provide for two tiers of lots, when applicable, and shall have a maximum length of 2,700 feet, unless Council approves a different length upon a recommendation from the Planning Commission in accordance with Section 1111.41, Variances.
(Ord. 2012-21. Passed 7-11-12.)
1113.15 CONTERMINOUS STREETS.
In order that proposed streets may be as nearly conterminous as possible with existing streets in adjoining allotments, due provision shall be made for the direct continuation of all existing streets which extend to the boundaries of a proposed subdivision. In case of adjacent subdivisions separated by existing thoroughfares, due provision shall be made for continuing in a practical manner such of the existing streets through the proposed subdivision as may be necessary for public requirements, subject to the approval of Council.
(Ord. 2012-21. Passed 7-11-12.)
1113.17 WIDTH OF PAVEMENT.
All pavements, with the exception of turning areas at the end of dead-end streets, shall have a driving surface eighteen (18) feet in width installed on a base twenty (20) feet in width.
(Ord. 2012-21. Passed 7-11-12.)
1113.19 DEAD-END STREETS.
No dead-end streets will be approved for dedication except where physical conditions make the extension of such streets impractical. In such cases, dead-end streets may be approved provided adequate right-of-way and turning space for vehicles is placed at the dead end. Such turning area shall have a minimum right-of-way radius of eighty-six (86) feet and a paved circular roadway of at least twenty (20) feet in width, the outside radius of which shall not be less than sixty-five (65) feet. The design of such turning areas shall be in accordance with Drawing Number C-6652 entitled "Village of Moreland Hills - Standard Cul-de-Sac Designs", which is hereby made a part of these Regulations and which is available for review at the office of the Village Engineer and/or the Building Inspector.
(Ord. 2012-21. Passed 7-11-12.)
1113.21 STREET INTERSECTIONS.
All streets shall intersect at right angles where practicable. At such intersections, property line corners shall be rounded by an arc having a radius of twenty (20) feet, the pavement edge rounded by an arc having a minimum radius of thirty-five (35) feet. Streets intersecting with County or State highways shall have a minimum pavement edge radius of forty-five (45) feet.
(Ord. 2012-21. Passed 7-11-12.)
1113.23 STREET GRADES AND CURVES.
The maximum grade for streets shall be ten percent (10%) and the minimum grade one-half of one percent. All changes in grade shall be connected by vertical curves in accordance with standards established by the American Association of State Highway Officials. Changes in horizontal alignment shall be connected by curves having a minimum radius of 300 feet on the center line. A tangent distance of at least 100 feet shall be provided between reversed curves.
(Ord. 2012-21. Passed 7-11-12.)
1113.25 EASEMENTS.
(a) Easements for utilities shall be provided along rear and side lines of lots where practicable and shall be at least twenty (20) feet wide. Easements for access drives, to pump stations, storm maintenance management facilities, etc. whether or not they are dedicated to the public, shall be at least forty (40) feet wide with a twelve-foot (12) wide paved roadway, improved in accordance with the regulations for pavements in dedicated streets.
(b) Utility Easements shall be provided along front lines of lots and shall be twelve (12) feet wide.
(c) A document in a form approved by the Law Director shall be provided for each easement which describes the outline of the easement and the limitations of easement rights.
(Ord. 2012-21. Passed 7-11-12.)
1113.27 IMPROVEMENT PLANS.
Plans for improvements within a proposed subdivision shall show all improvements in plan and profile view. After the improvements have been installed and accepted by the Village, the original tracings shall be turned over to the Village with all "as-built" measurements shown as determined in the field by the owner and/or agent of the owner's engineer.
(Ord. 2012-21. Passed 7-11-12.)
1113.29 MINIMUM IMPROVEMENTS.
The following shall be the minimum improvements required:
(a) Sanitary sewer system. (If applicable)
(b) Waste treatment plant, if no existing sanitary sewer outlet is available and individual on-lot sewage treatment systems are not used.
(c) Water distribution system.
(d) Storm drainage system and storm water management facilities.
(e) Full depth asphalt pavement.
(f) Monuments.
(g) Streets.
All improvements shall be constructed in conformity with the regulations contained in this Section and with Drawing Number C-6653 entitled "Village of Moreland Hills - Standard Details" which is hereby made a part of these regulations and which is available for review at the office of the Village Engineer or the Building Inspector.
(Ord. 2012-21. Passed 7-11-12.)
1113.31 SANITARY SEWER SYSTEM.
Sanitary sewers shall be installed to service all lots within the proposed subdivision if the subdivision is within the service area of a publicly owned treatment works. If land adjoining the subdivision can be served by such sewers, they shall be sized accordingly and extended to the boundary of the subdivision.
(Ord. 2012-21. Passed 7-11-12.)
1113.33 WATER DISTRIBUTION SYSTEM.
Water mains shall be installed to service all lots within the proposed subdivision and shall be installed in all streets for their entire length within the subdivision. Water main construction shall be in accordance with the standards and specifications of the Cleveland Division of Water or the Village of Chagrin Falls, Department of Utilities, as applicable.
(Ord. 2012-21. Passed 7-11-12.)
1113.35 STORM DRAINAGE SYSTEM.
(a) The storm drainage system shall include roadside ditches, culverts, inlets, and retention/detention facilities. All storm drainage facilities shall be designed to adequately handle the surface runoff from a design storm of five (5) year intensity for residential development with the tributary area assumed to be fully developed. All storm drainage shall be discharged into natural watercourses or storm sewers, if available. If, under the above design conditions, the roadside ditch will flow at a depth greater than one (1) foot, storm sewers should be installed from that point of discharge.
(b) All culverts shall be of reinforced concrete pipe or reinforced concrete rectangular in cross section, and, in either case provided with headwalls and/or slope protection sufficient to prevent erosions of the slopes and channel bed.
(c) No part of the storm drainage system, which includes footer drains, shall be discharged into the sanitary sewer system.
(d) Storm sewer facilities shall comply with the Ohio EPA General Stormwater NPDES Permit and the Village's Storm Water Management Ordinance and Erosion and Sediment Control Ordinance. (Ord. 2012-21. Passed 7-11-12.)
1113.37 ROADWAY IMPROVEMENTS.
Roadway improvements consisting of the pavement, shoulders, ditches, underdrains, guardrails, grading and seeding shall be constructed in accordance with Drawing Number C- 6653 which is hereby made a part of these Regulations (and which is available for review at the office of the Village Engineer or the Building Inspector) and with the Ohio Department of Transportation Specifications currently in force.
(Ord. 2012-21. Passed 7-11-12.)
1113.39 MONUMENTS.
Iron pins set in monument boxes shall be placed on the center line of all streets at points of change of alignment, at street intersections and at the ends of streets. Monuments shall conform to the standards of the Cuyahoga County Department of Public Works. Iron pins set in a concrete base six (6) inches in diameter and two (2) feet deep shall be placed at the intersection of all outside boundary lines of the subdivision not previously defined on the ground by other permanent monuments.
(Ord. 2012-21. Passed 7-11-12.)
(Ord. 2012-21. Passed 7-11-12.)
1113.41 STREET SIGNS.
Street signs shall be furnished and erected at all intersections. The style and design of street signs shall be in accordance with the standards of the Village.
(Ord. 2012-21. Passed 7-11-12.)
1113.43 CONSTRUCTION MATERIALS.
Materials used in the construction of any improvement within a new subdivision or within any established street shall be tested in accordance with the standards used by the Village for general improvements undertaken by it.
(Ord. 2012-21. Passed 7-11-12.)
1113.45 TRAFFIC CONTROL DEVICES AND TRAFFIC SIGNS.
All traffic control devices and traffic signs, deemed necessary by the Safety Director or his/her designee to regulate traffic in accordance with the Traffic Code, shall be installed. Such installations shall be at the expense of the owner and/or agent of the owner and shall conform to the standards adopted by the Village.
(Ord. 2012-21. Passed 7-11-12.)
1113.47 HYDRANTS.
All hydrants shall conform to the City of Cleveland's Water Division's uniform standards or to the Village of Chagrin Falls standards, if located within that water system.
(Ord. 2012-21. Passed 7-11-12.)
1113.49 WATER MAINS.
All water mains and related items shall conform to the City of Cleveland’s Water Divisions’s uniform standards, or to the Village of Chagrin Falls standards.
(Ord. 2012-21. Passed 7-11-12.)
1113.51 SEWERS.
All storm and sanitary sewers and related items shall conform to the uniform rules, regulations and standards for the design and construction of sewerage improvements adopted by the committee on Uniform Standards for Sewerage Improvements for Cuyahoga County, Ohio.
(Ord. 2012-21. Passed 7-11-12.)
1113.53 SURVEY MONUMENTS.
Survey monuments shall be installed in accordance with the Cuyahoga County Department of Public Works standards.
(Ord. 2012-21. Passed 7-11-12.)
1113.55 UTILITIES.
All utility features, such as electric, gas, telephone and cable television, shall be underground within utility easements. All utility features shall be installed by the owner and/or agent of the owner in accordance with the respective utility company's standards and as approved by the Village Engineer.
(Ord. 2012-21. Passed 7-11-12.)
1113.57 RESERVE STRIPS.
No plat or map of a proposed street or subdivision showing reserve strips controlling access to public ways, or showing strips of land which will not prove taxable for special improvements, shall be approved, provided, however, that such reserve strips may be shown where the control and disposal of land comprising such strips are definitely placed with the Village under conditions meeting the approval of the Village Engineer and the Law Director.
(Ord. 2012-21. Passed 7-11-12.)
1113.59 NATURAL FEATURES.
The owner and/or agent of the owner shall, whenever possible, preserve existing view, wooded areas, watercourses, trees, and other natural features of the existing topography and integrate them into the design of the subdivision in accordance with the environmental regulations in this Code. (Ord. 2012-21. Passed 7-11-12.)
1113.61 IMPOSITION OF EASEMENTS.
The Planning Commission shall regulate the imposition of easements, with the exception of easements for overhead power transmission lines or gas lines or easements obtainable by condemnation proceedings, on property in the Village as follows:
(a) No owner and/or agent of the owner of land within the Village shall convey or be the grantee of easements on lands within the Village without the approval of the Commission. The Commission shall inquire into and be satisfied that such easement will not substantially change the use of land except as permitted by these Regulations and the Village of Moreland Hills's Planning and Zoning Code. The Commission shall further require proof that hazards to the public safety will not be increased, particularly, but without prejudice to the generality hereof, pedestrian and vehicular traffic in adjoining roadways and streets. To attain the objectives of these regulations and the Village of Moreland Hills' Planning and Zoning Code, the Commission may request the imposition of conditions in approving easements.
(b) If the Commission determines that full consideration of the application for an easement will be facilitated by notices to adjoining abutting owners to both the dominant and subservient estates affected by the easement, then it shall require notice in such form as it determines to such adjoining abutting owners, to be served by the Building Inspector.
(Ord. 2012-21. Passed 7-11-12.)
1113.63 OTHER CONSTRUCTION AND DESIGN REQUIREMENTS.
Any construction and design which is not covered by this Chapter shall be approved by the Village Engineer and accepted by the Planning Commission before being submitted for approval of Council. (Ord. 2012-21. Passed 7-11-12.)
1113.99 PENALTY.
A violation of any provision of this Chapter shall be subject to the provisions of Chapter 1137, Enforcement and Penalties.
(Ord. 2012-21. Passed 7-11-12.)
1115.01 RECORDING OF PLAT.
No plat of any subdivision, lot split, or lot consolidation shall be recorded with the Cuyahoga County Fiscal Officer or have any validity until it has been approved by the Village as provided in these Regulations. In the event any unapproved plat is recorded, it shall be considered invalid and the Planning Commission may institute proceedings to have the plat stricken from the records of the Cuyahoga County Fiscal Officer. Once a final plat, in executed form, has been filed with the County Fiscal Officer, the original Mylar shall be delivered to the Building Inspector. Building permits shall not be issued until the original, recorded plat has been delivered to the Building Inspector. (Ord. 2012-21. Passed 7-11-12.)
1115.03 REVISION OF PLAT AFTER APPROVAL.
No changes, deletions, modifications, or revisions shall be made in any plat of a subdivision after final approval has been given by the Planning Commission, and endorsed in writing on the plat, unless said plat is first, resubmitted to the Commission.
(Ord. 2012-21. Passed 7-11-12.)
1115.05 SALE OR LEASE OF LAND WITHIN SUBDIVISIONS.
No owner and/or agent of the owner shall transfer, sell or lease any land within a subdivision before such land has been approved and recorded in the manner prescribed in these Regulations. (Ord. 2012-21. Passed 7-11-12.)
1115.99 PENALTY.
A violation of any provision of this Chapter shall be subject to the provisions of Chapter 1137, Enforcement and Penalties.
(Ord. 2012-21. Passed 7-11-12.)