Any person, firm, or corporation desiring to subdivide or allot land within the Municipality shall first file a preliminary plat with the chairman of the Planning Commission. The preliminary plat must be filed not less than one week before the regular meeting of the Planning Commission to be acted upon at the next regular meeting and shall contain the following information and features:

   (a)   Name and location of subdivision.

   (b)   Name and address of owners, surveyor and engineer.

   (c)   Total acreage in subdivision.

   (d)   Title block, scale, north point and date.

   (e)   The scale of the plat shall be not smaller than 1"=100 feet.

   (f)   Elevations by contour lines, the interval of which shall be two feet and related to mean sea level.

   (g)   Precise bench marks.

   (h)   Water courses, property lines and fixed objects that may influence the design of the street and utility layout.

   (i)   A Vicinity Plat showing the proposed subdivision superimposed over it to show the arrangement and location of existing streets and public grounds adjacent to the proposed subdivision. The Vicinity Plat may be a Municipal map.

   (j)   Location of all existing utilities in adjacent streets.

   (k)   Proposed street names.

(Ord. 3-95. Passed 1-17-95.)

   To establish a common basis for the design and layout of subdivisions and allotments, the following criteria shall be observed in laying out the plat:

   (a)   Reserve Strips. No plat or map of a proposed street or allotment showing reserve strips controlling access to public ways or showing strips of land which will not prove taxable for special improvements will be approved, provided that such reserve strips may be shown when the control and disposal of land comprising such strips are definitely placed with the Municipality under conditions meeting the approval of the Municipal Engineer, the Law Director and the Planning Commission.

   (b)   Street Location and Widths. The location and widths of proposed streets shall be such as to fit in with any plan of street development recommended by the Planning Commission or other public authority. Due regard shall be given to existing streets or streets capable of being established in surrounding property, so that streets may be laid out through adjacent or neighboring allotments with reasonable continuity of location and width.

      No street shall be less than fifty feet in width, provided that no street shall be less than sixty feet in width where surface drainage is provided by ditches. The Planning Commission may require greater width when in its opinion the greater width is justified or needed.

   (c)   Length of Block and Street Arrangement. Where practical, intersecting streets shall be provided so that no block shall be longer than 1200 feet. Proposed streets shall follow the contour of the land wherever practical and shall intersect one another at right angles or on radial lines as topography and other limiting factors of good design permit.

   (d)   Dead-End Streets. No so-called dead-end streets will be approved for dedication, except where conditions make the extension of such street impractical. In such cases, a dead-end street may be approved, provided that adequate turning space for vehicles is placed at the dead-end. Turning spaces shall be of sufficient size to provide for a paved circular roadway at least twenty feet in width, the inside radius of which shall be at least thirty-five feet.

   (e)   Coterminal Streets. In order that proposed streets may be as nearly coterminal as possible with existing streets in adjoining allotments, due provision shall be made for the continuation of all existing streets which extend to the boundaries of the proposed allotment.

   (f)   Lots. Lots in the subdivision shall abut on a street and double frontage lots shall be avoided.

   (g)   Side Lot Lines. Side lot lines shall be approximately at right angles or radial to the right-of-way line of the street on which the lot faces.

   (h)   Corner Lots. Corner lot frontages shall be platted wider than interior lots to allow for proper setback on both streets.

   (i)   Intersections. At street intersection property line corners shall be rounded by an arc, the minimum radius of which shall be ten feet.

   (j)   Minimum Radii. Minimum radii shall be increased within the Commission considers an increase necessary.

(Ord. 3-95. Passed 1-17-95.)

   The approval of the preliminary plat by the Planning Commission and Council shall be effective for a period of six months from the date of approval of the preliminary plat by Council. If the final plat has not been submitted to the Planning Commission within this time, the preliminary plat shall again be submitted to the Planning Commission and Council for approval.

(Ord. 3-95. Passed 1-17-95.)

   Upon approval by the Planning Commission and Council of the preliminary plat the final plat shall then be prepared and submitted. The final plat shall contain the following features, information and addenda:

   (a)   The final plat shall show all lots and streets by accurate dimensions and angles and shall be drawn in ink upon a good quality tracing cloth on sheets 18" x 24". It shall be drawn to either the scale of one inch equals one hundred feet or one inch equals fifty feet. All dimensions shall be shown in feet and decimals of a foot. The Plat shall be completed and consistent in itself as to all measurements. The streets shown on the plat shall be those as determined by the preliminary plat and shall not duplicate any existing street name. The plat, after recording, shall become the property of the Planning Commission.

   (b)   The final plat shall have the following printed in suitable place thereon:

      (1)   I/We, the undersigned, owners of the land embraced in this subdivision, do hereby acknowledge this plat to be my/our own act and deed, and dedicate the streets herein shown the public use forever.

         Witness my/our hand this _________ day of ____________, 19_____.

         ___________________________      ___________________________

         Witness               Signed

         ___________________________      ___________________________

         Witness               Signed

         State of Ohio      )

                   )   SS

         Summit County      )

         Signed and acknowledged before me as a notary public in and for said Summit County this __________ day of ______________, 19_____.

                           ___________________________

                           Notary Public

         My commission expires ______________________________.

      (2)   I hereby certify this boundary survey and plat to be correct.

                           ___________________________

                           Register Surveyor No.

         State of Ohio       )

                  )   SS

         Summit County      )

         Signed and acknowledged before me as a notary public in and for said Summit County this ___________ day of _______________, 19_____.

                           ___________________________

                           Notary Public

         My commission expires _______________________________.

      (3)   I hereby certify that I have examined the plans, proposals, specifications, estimates of costs, deposits and bonds for street improvements and that said items conform to the requirements set forth by Municipal Ordinances.

         ___________________________      ___________________________

         Law Director               Municipal Engineer

         ___________________________      ___________________________

         Date                  Date

      (4)   This plat approved by the Planning Commission of Munroe Falls, Ohio, at a meeting held _________________________________, 19_____.

                           ___________________________

                           Chairman

                           ___________________________

                           Clerk

      (5)   Received for Council Action ____________________________, 19_____.

                           ___________________________

                           Clerk of Council

      (6)   This plat duly accepted by Ordinance No. _______________ of Munroe Falls Council at a meeting held _________________________, 199_____.

                           ___________________________

                           Mayor

                           ___________________________

                           Clerk of Council

      (7)   Received for transfer ________________________________, 19_____.

                           ___________________________

                           Summit County Auditor

      (8)   Received for Record __________________________, 19_____ at ______ (a.m.)(p.m.).

      (9)   Recorded in Plat Book _________________________ Page ______.

      (10)   Fee __________            __________________________

                           Summit County Recorder

   (c)   The final plat shall incorporate in finished form the general information shown on the preliminary plat as to streets, property lines, lots, lot lines, reserved strips, and such other information as may be required.

   (d)   The final plat shall show all existing monument and markets and their relationship to the proposed allotment and shall show the location of all monuments set by the developer's surveyor. Monuments used shall be forty-two inches in length and one and one-fourth inches in diameter. Provided that in case it is impossible to drive or place monuments of such length, the shorter monuments may be set in concrete cylinders at least six inches in diameter and at least thirty inches in depth. In case monuments are made one and one-fourth inches pipe, such monuments shall have a poured lead center held in place by at least two pins place through the lead centers at right angles to each other.

   (e)   Title Insurance in an amount sufficient to insure the Municipality as determined by the Law Director, covering the lands to be dedicated shall be deposited with the Planning Commission, showing title to the streets and other public land in the name of the Municipality at the time of the filing of the final plat for record with the Summit County Recorder.

   (f)   The final plat shall include a plan providing for the underground installation of all utilities within the subdivision or reallotment. In all new allotments or reallotments all utility lines shall be installed underground. All owners or petitioners for subdivisions of land or reallotments shall grant easements for such lines and areas as are needed by utilities for installation of their lines and needed equipment including street lighting.

      Statements from the utility companies shall be provided indicating that the owner or petitioner has granted to the utilities, in form satisfactory to the utilities, all easements necessary for the installation, operation and maintenance of service, including street lighting, in the allotment.

(Ord. 3-95. Passed 1-17-95.)

   Before approval will be given to any plat dedicating streets to public use, the streets shall have been graded to a grade and cross section approved by the Engineer, and in accordance with plans prepared by a registered Professional Engineer, and approved by the Engineer. Upon approval of the plat, such grades shall become the legal and established grades for such streets. In addition to the grading, the following improvements must also be installed depending on the availability of the facilities therefore, at the expense of the developer:

   (a)   Water Supply and Sewage Outlet. Evidence must be furnished, subject to the satisfaction and approval of the Engineer, that adequate water supply means and sewage outlet means meeting with the approval of the Summit County General Health District and in conformity with ordinances and resolutions of the Municipality are provided for each of the lots of the subdivision.

   (b)   Storm Sewers. Storm sewers adequate for the drainage of the streets, the lots fronting thereon and the natural drainage intercepted by such street must be installed in accordance with standards acceptable to the Engineer.

   (c)   Water Mains, Fire Hydrants. Where water main facilities are available to the subdivision, water mains and fire hydrants meeting the approval of the Village Engineer and the standards of the Director of Utilities together with curb connections for each lot in such subdivision must be installed.

   (d)   Sanitary Sewers. Where sanitary sewer facilities are available to the subdivision, sanitary sewers and laterals to each lot must also be installed.

   (e)   Sidewalks. Concrete sidewalks shall be built in the street adjacent to the property line in all new allotments. Such walks shall conform to standards approved by the Engineer.

   (f)   Minimum Paving Requirements Where Water and/or Sanitary Sewers Not Available. Where either water main facilities or sanitary sewer facilities or both of them are not available, the street shall be graded to the full width of the proposed dedication and to a cross section providing for dish gutters, berms and a pavement width of not less than twenty feet. In such cases a pavement meeting the minimum requirements of a waterbound macadam base having a width of twenty feet and comprising a total depth of four inches, with the sub-grade and course of base thoroughly consolidated by adequate rolling. On such base course a surface course shall then be constructed consisting of three inches of hot plant mixed asphaltic concrete with a width on center of the base course of eighteen feet, using a prime coat over the base course of not less than 0.50 gallon asphalt emulsion per square yard. As an alternate to the above base requirement where water and/or sanitary sewers are not available, six inches of graded road gravel meeting the State of Ohio Department of Highway Specifications B-119 may be used. The asphaltic concrete surface course shall be the same as required above.

   (g)   Minimum Paving Requirements Where Facilities Available. Where all facilities, enumerated in subsections (a), (b), (c) and (d) hereof are available then the pavement shall be of a width of at least twenty-six feet, with curbs of stone or concrete, with a minimum pavement of type and thickness as specified in subsection (f) hereof, except that one inch additional depth of asphaltic concrete surfacing shall be added where existing pavement has been installed prior to the request for approval of the plat.

      Since a full winter's settlement must be had after the completion of all underground improvements before the pavement is installed, and if the building will be occupied before the completion of the pavement, then a temporary slag roadway, equal to the width of pavement as specified in this section and to a depth of six inches shall be built and maintained to the satisfaction of the Engineer, adequate to insure access to any occupied dwelling by any of the equipment, fire, police or service. The top surface of such temporary pavement shall be at least five inches below and parallel with the surface of the finished pavement.

      When the pavement is constructed over such temporary pavement, providing it has been maintained properly and meets with the approval of the Engineer for weight or load capacity, then an additional base course of not less than two inches thickness shall be constructed and thoroughly compacted prior to application of the asphaltic concrete surface course.

      Before approval by the Planning Commission, plans, specifications and all necessary details for the improvements specified in this section must have been prepared by a registered Professional Engineer on tracing cloth to a scale of one inch equals fifty feet with the signature and seal of such Registered Engineer affixed thereto. Original tracings shall be furnished to and become the property of the Municipality. All of such plans, specifications and details must be first submitted to the Engineer and approved by him.

   (h)   Monuments. Monuments shall be set at such points as indicated on the plat. At the end of the maintenance period the Engineer or the developer's surveyor shall check the monuments and set such monuments as are lost, disturbed or not set because of construction. The Engineer shall then report to the Planning Commission when these monuments have been set and checked. Copies of this letter shall be sent to the developer and Council. The cost of replacing, setting or resetting such monuments shall be paid by the developer or his surety.

   (i)   Street Signs; Markers. Street signs or markets or both shall be installed according to specifications of the Engineer at the same time as the street paving. All street signs or markers shall be purchased through the Municipality and shall be charged as part of the developer's performance and included in his bond at the same price as the cost to the Municipality, plus ten percent (10%).

   (j)   Street Lighting. Street lighting shall be installed and constructed by the developer and the developer shall execute and deliver to the Municipality such petitions, consents, waivers, and consents to assessments for cost of same as may be required by the Planning Commission. The spacing, distances and intensity of all street lighting shall be subject to the approval of the Engineer.

   (k)   Concrete Driveway Approaches. Where concrete curbs and gutters are installed, the developer shall also provide concrete driveway approaches meeting such standards and specifications as may be recommended by the Planning Commission and the Engineer.

   The Planning Commission may waive the construction or installation of any of the improvements if in its opinion due, to special circumstances, conditions or other reasons, the public health, safety and welfare are not jeopardized, and provided it first obtains the consent of three-fourths of the members of Council to do so.

(Ord. 3-95. Passed 1-17-95.)

   Should it not be necessary, in the opinion of the Engineer and Planning Commission, to install and construct all the improvements required in Section 1181.05 before the submission of the plat to the Planning Commission for approval, then such plat may nevertheless be approved, provided that a suitable performance bond, signed by a corporate surety authorized to transact business in Ohio, is given to the Municipality by the owner. Such performance bond must be acceptable to the Planning Commission and approved as to the amount by the Engineer, and as to the legal form and acceptability of the surety by the Law Director, and shall provide that the work shall be performed in accordance with the rules and regulations of the Planning Commission and which shall indemnify and save harmless the Municipality from any and all actions, loss, injury, damage, liability or expense, including attorney fees and court costs, of whatsoever nature, by reason of the failure default, neglect or improper performance of the conditions required to be done and performed before the acceptance and approval of the final plat.

(Ord. 3-95. Passed 1-17- 95.)

   No zoning, building, or occupancy permit shall be issued prior to the completion of all the improvements specified in Section 1181.05 hereof, or to the filing of the bonds as specified in Section 1181.06.

   In order for the various service departments of the Municipality to anticipate the increased demand for services imposed by further development of land, the following departments shall be provided one copy each of the preliminary and final plats, such copies to be delivered to the Planning Commission at the time of submission to it for approvals:

   (a)   School Board;

   (b)   Fire Department;

   (c)   Police Department;

   (d)   Parks and Recreation Commission;

   (e)   Engineer;

   (f)   Director of Utilities.

(Ord. 3-95. Passed 1-17-95.)

   No permit shall be issued under this chapter, nor shall approval of the Final Plat be given by the Planning Commission until the fees prescribed in this section shall have been paid by the subdivided to the Municipality.

   (a)   A fee of eight dollars ($8.00) per acre of land proposed to be subdivided shall accompany the filing of the Preliminary Layout; however, in no case shall such fee be less than one hundred dollars ($100.00).

(Ord. 23-2005. Passed 10-18-05.)

   (b)   At the time of filing the application for the approval of any plant, or at the time plans and specifications for any improvement or improvements are submitted to the Planning Commission and Engineer for approval, there shall be deposited with the Treasurer an amount of money sufficient in the opinion of the Engineer to cover the cost and expense of such investigation as may be necessary to determine whether such proposed allotment conforms to this Ordinance or its improvements have been made or are being installed in accordance with the requirements of this Ordinance and the plans and specifications approved by the Engineer. The cost and expense of such investigation made by the Engineer or his assistants shall be paid from such deposit upon itemized bills rendered by such Engineer. In case such expenditures exceed such deposit, the excess shall, upon demand by the Planning Commission, be paid by the owner, forthwith into the Treasury. In case the deposit exceeds such expenditure, the balance will be refunded to the applicant within a reasonable time after the completion of such preliminary investigation.

   (c)   An engineering supervision and construction inspection fee in an amount equal to 7½% of the total estimated cost of construction of all facilities shall be deposited with the Municipality to defray the cost of services rendered by the Engineer in supervising the construction of facilities. Council, upon recommendation of the Engineer, shall increase this amount if the engineering costs exceed the deposit. If the deposit exceeds the engineering costs, the excess amount shall be refunded.

(Ord. 3-95. Passed 1-17-95.)

   The approval of a final plat by the Planning Commission or the refusal to approve shall take place within thirty days after submission of the final plat for approval or within such further time as the applying party may agree to; otherwise, such plat is deemed approved, and the certificate of the Planning Commission, as to the date of the submission of the plat for approval and the failure to take action thereon within such time shall be issued on demand and shall be sufficient in lieu of the within endorsement or other evidence of approval required by this chapter. The ground of refusal or approval of any plat submitted, including citation of or reference to the rule or regulation violated by the plat, shall be stated upon the records of the Planning Commission. The approval of a plat by the Planning Commission shall not be an acceptance by the public of the dedication of any street, highway, or other way or open space upon the plat.

(Ord. 3-95. Passed 1-17-95.)

   (EDITOR’S NOTE: Former Section 1181.11 was repealed by Ordinance 12-2006, passed November 7, 2006.)

   No owner or agent of the owner of any land located within a subdivision shall transfer, sell, agree to sell, or negotiate to sell any land by reference to, exhibition of, or by the use of a plan or plat of a subdivision before such plat or plan has been approved and recorded in the manner prescribed herein. The description of such lot or parcel by metes and bounds in the instrument of transfer or other documents used in the process of selling or transferring shall not exempt the transaction from the provisions of this chapter.

(Ord. 3-95. Passed 1-17-95.)

   (a)   Whoever willfully violates any rule or regulation of this chapter, or fails to comply with an order issued pursuant thereto, shall be fined not more than one thousand dollars ($1,000). Such sum shall be recovered, with costs, in an appropriate action brought by the Law Director in the name of the Municipality and for the use thereof.

   (b)   Whoever, being the owner or agent of the owner of any land within the Municipality, who willfully transfers any lot, parcel, or tract of such land from or in accordance with a plat of a subdivision, before such plat has been approved by the Municipality shall forfeit and pay the sum of not more than five hundred dollars ($500.00) for each lot, parcel, or tract of land so sold. The description of such lot, parcel or tract by metes and bounds in the deed or transfer shall not serve to exempt the seller from the forfeiture provided in this section.

   (c)   Any person, firm or corporation who subdivided, sells, agrees to sell, transfers or conveys any land in violation of the rules and regulations established by this ordinance or who neglects to comply with an order issued pursuant thereto, or who otherwise violates any provision of this chapter or of the rules and regulations governing the platting of the land within the Municipality, shall be guilty of a misdemeanor and upon conviction thereof, shall be fined not more than five hundred dollars ($500.00) each day such violation continues constituting a separate offense.

(Ord. 3-95. Passed 1-17-95.)