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North Olmsted City Zoning Code

TITLE ONE

Subdivision Control

1101.01 DEFINITIONS.

   "Subdivision" means a division of any parcel of land shown as a unit or as contiguous units in the current records of the County Recorder into two or more lots, parcels, sites or other division of land, any one of which is five acres or less, for the purpose, whether immediate or future, of transfer of ownership, including:
   (a)   "Minor subdivision" which means the proposed division of a parcel of land along an existing public street not involving the opening, widening or extension of any road or street, and involving not more than five lots; and
   (b)   "Major subdivision" which means a division of a parcel into two or more lots when such subdivision involves the opening, widening or extension of any street or the granting of easements for the extension and maintenance of sewer, water, storm drainage or other facilities. Any division of a parcel into more than five lots is a "major subdivision".
   A division of land into parcels of more than five acres for agricultural purposes not involving new streets or easement of access, or a division, sale or exchange of parcels between adjoining lot owners, if such exchange does not create additional building sites, shall not be considered a subdivision.
(Ord. 79-139. Passed 12-2-80.)

1101.02 MAJOR SUBDIVISIONS; PROCEDURAL REQUIREMENTS.

   (a)   Any developer who desires to present a major subdivision to the City shall make application to the City Engineer. The City Engineer shall supply the developer with all the rules and regulations of the Planning and Design Commission, as well as any pertinent ordinances dealing with the subdivision or land. Any person submitting a proposed subdivision shall submit with his application a preliminary plan and location map, a topographic map, a plat, improvement plans (unless the developer intends to submit a petition described in Section 1101.11 for acceptance by Council) and other necessary documents, such as easements and title insurance documents.
   (b)   A preliminary plan and location map shall show the type of zoning of areas contiguous to the land to be platted. Such preliminary plan and location map shall contain the following information:
      (1)   A certification showing that the preliminary plan was prepared by a professional land surveyor registered in Ohio.
      (2)   The preliminary plan shall be accurately drawn to the scale of one inch equals 100 feet unless waived by the City Engineer. Dimensions from the County Auditor's map may be used.
      (3)   The preliminary plans shall show all existing streets, including intersections, forming the periphery of land to be developed; the street and lot lines for the area to be developed; the existing and proposed location of drainage ditches; the existing structures on the parcel to be subdivided; the existing structures on properties immediately adjacent and within twenty feet of the boundary line; and the location and description of plugged, capped or active gas wells, within the subdivision and within 100 feet of the boundaries of the proposed subdivision.
      (4)   The location map shall show the location of all peripheral streets and subdivisions within approximately one mile of the land to be developed and showing the proposed subdivision and proposed streets shall be drawn on the preliminary plan or the proposed subdivision shall be drawn on a copy of the City Zone Map and submitted along with the preliminary plan.
      (5)   The City shall be provided with twelve (12) copies of the preliminary plan and one copy of the location map. The North Olmsted Board of Education shall be provided with one copy of the preliminary plan.
   (c)   A topographic map shall be prepared by a professional land surveyor registered in Ohio. Such topographic map shall contain the following:
      (1)   It shall be accurately drawn to a scale of one inch equals fifty (50) feet with a contour interval of one foot unless waived by the City Engineer. The elevations shall conform to sea level elevations established by the Cleveland Regional Geodetic Survey. The Geodetic Bench Mark used shall be indicated thereon.
      (2)   The topographic map shall show the location of houses on the lots, finished ground elevation at the house and lot corners, existing improvements on adjoining streets and proposed block and lot drainage.
      (3)   The City shall be provided with at least three copies of the topographic map, and one reproducible mylar transparency.
   (d)   The plat shall be prepared by a professional land surveyor registered in Ohio and his signature, registration number and seal shall appear thereon. Such plat shall contain the following information:
      (1)   The plat shall be drawn on linen cloth or equal material with India ink to the scale of one inch equals fifty (50) feet. Scale may be waived by the City Engineer. The linen shall not be smaller than one (1) foot by two (2) feet or larger than two (2) feet by three (3) feet. Large plats may require more than one sheet. If so, the sheets shall be numbered consecutively and indexed.
      (2)   Dimensions shall be expressed in feet and decimal parts thereof to the nearest hundredth of a foot. Angles shall be expressed in degrees, minutes and seconds to the nearest second.
      (3)   The plat shall be complete and consistent in itself as to all measurements. Bearings shall be assumed to show angles.
      (4)   The plat shall show north arrow, date, names and addresses of owners, surveyors and developer.
      (5)   The plat shall show an acceptance and dedication clause and approvals by City officials, which acceptance and dedication shall be for record purposes only unless the developer submits, and Council accepts, a petition described in Section 1101.11. Approval clauses for Director of Law, City Engineer, Director of Public Service, Planning and Design Commission and Council shall be provided on the plat.
      (6)   Monuments shall be indicated on the plat at all angles in the boundary of the subdivision and at all intersections of streets within the subdivision; at all points of curvature, points of tangency, points of intersection and corporation lines for street centerlines within the subdivision. These monuments shall be set in the field at all points indicated on the subdivision plat before the plat is approved for records purposes except monuments in areas to be paved. Monuments in areas to be paved shall be set during or immediately after the pavement is constructed. Municipal, Township, section lines, original lot lines and other survey control lines shall be accurately tied to lines of subdivision.
      (7)   Streets in the subdivision shall be given names different from existing street names within the City, and shall be checked with the North Olmsted Post Office to prevent area duplication of names.
      (8)   Building setback lines shall be shown on the plat.
      (9)   Property adjacent to the subdivision shall show the owner's name and either the volume and page of his deed or the County Auditor's Permanent Parcel Number.
      (10)   Existing streets terminating near the subdivision boundary shall be shown.
      (11)   Easements for utilities and drainage shall be shown naming the utilities. The City Engineer shall approve the width and location of the easements.
      (12)   Streets:
         A.   Minimum right-of-way width shall be sixty (60) feet, whether streets are intersection streets or periphery streets abutting lands adjacent to the area to be subdivided.
         B.   No reserve strips abutting streets are permitted.
         C.   Location of streets shall conform with the City's General Plan. Turnout radius at the intersection of right-of-way lines shall be a minimum of thirty (30) feet.
         D.   Street intersections shall be at ninety (90) degrees where practicable, however, never less than sixty (60) degrees. The maximum length of a street between intersections shall be 1,300 feet. No street centerline shall intersect a thoroughfare less than 250 feet from another street centerline on either side of the thoroughfare unless recommended by Planning and Design Commission and approved by Council.
         E.   If possible, streets shall be continuous. If a continuous street cannot be fitted into the overall street plan, a cul-de-sac is permitted whose length is less than 2,000 feet and whose termination diameter is a minimum of 120 feet, unless larger dimensions are recommended by the Planning and Design Commission and approved by Council.
         F.   Design criteria governing profile grades, horizontal curves and cross sections shall be of sound engineering practice subject to approval by the City Engineer.
      (13)   Sublots:
         A.   All sublots shall front on a public street.
         B.   The minimum frontage shall be determined at the right-of-way or the building setback line which ever requires the larger lot size.
         C.   Minimum frontage on a cul-de-sac shall be determined at a curved line concentric with the cul-de-sac and no more than fifty (50) feet from the right-of-way line of the cul-de-sac. The measurement shall be along the chord.
         D.   Corner lots shall have a minimum of fifty (50) feet setback on any street that the house fronts upon, and a minimum of twenty-five (25) feet setback for the side yard requirements. Any setback shall be measured according to the standard established in Section 1125.62 of the Zoning Ordinance entitled "Setback".
         E.   Whenever practicable, side lot lines shall be straight lines perpendicular to the street or radial to the centerline curvature.
         F.   No sublots, parcels or blocks without access to a public street shall be permitted.
         G.   Lots may not be sold until the City finally accepts the plat or accepts the plat for record purposes only.
      (14)   The City shall be provided with three copies of the plat including the original. The Board of Education shall be provided with one copy of the plat.
   (e)   Upon receiving an application for a major subdivision, a preliminary plan and location map, a topographic map, a plat, improvement plans (unless the developer intends to submit a petition described in Section 1101.11 for acceptance by Council) and any other necessary documents from a developer, the City Engineer shall submit the application to the Secretary of the Planning and Design Commission for review of the proposed development to determine its compliance with the provisions of these Subdivision Regulations and the provisions of the Zoning Code.
   In the event that the developer proposes to create any lot or parcel which does not fully conform with the provisions of the Zoning Code, then the Planning and Design Commission shall refer the application to the Building and Zoning Board of Appeals with the request that the Board determine whether the developer should be entitled to a variance from strict compliance with the provisions of the Zoning Code which his proposed subdivision violates. Upon review and decision by the Board of Zoning Appeals, the proposed subdivision application shall be returned to the Planning and Design Commission for its final review and approval, disapproval or modification.
(Ord. 88-60. Passed 6-7-88; Ord. 2016-36. Passed 8-2-16; Ord. 2024-28. Passed 6-18-24.)

1101.03 IMPROVEMENT PLANS AND SPECIFICATIONS FOR MAJOR SUBDIVISIONS.

   Unless the developer submits, and Council accepts, a petition described in Section 1101.11, any developer wishing to improve a subdivision shall submit to the City Engineer his plans and specifications which shall be prepared by a civil engineer duly registered in the State. The seal of such civil engineer shall appear on the plans. Additionally, such plans and specifications shall contain the following information:
   (a)   The improvement plans shall be drawn with permanent ink on linen cloth or other equal material. The linen shall be two feet by three feet. The original material on which the plans are drawn shall be the property of the City when the construction is complete and before acceptance of the improvements by the City Engineer. When the original plans are turned over to the City, they shall reflect the improvements as constructed.
   (b)   The scale shall be one inch equals fifty feet or smaller horizontal; one inch equals five feet vertical unless waived by the City Engineer.
      (Ord. 88-60. Passed 6-7-88.)

1101.04 PERFORMANCE AND MAINTENANCE BONDS.

   (a)   Before a building permit is issued with respect to construction within a subdivision, all required improvements shall be constructed and installed to the satisfaction of the City Engineer. If some improvements to be completed by a developer are not completed, the Engineer, in his sole discretion, may require a performance bond equal to the total cost of the improvements yet to be completed. Such bond shall set forth the City as beneficiary and shall be issued by a reputable and solvent bonding company, licensed to do business in the State and shall be deposited with the City Engineer and retained by the City until all improvements are constructed to the satisfaction of the City Engineer.
 
   (b)   After the sewer, water and paving improvements to be completed by a developer are constructed, approved and accepted for dedication, the developer shall provide the City with a two-year maintenance bond of at least ten percent (10%) of the approved estimated cost of construction. The acceptance of the dedication shall not affect the maintenance bond.
 
   (c)   The developer shall complete the construction of all improvements or repairs required to be completed by the developer within two years from the date of the permit. Otherwise, the City shall have the right to use the performance bond money to complete or repair the improvements. The aforesaid two-year period may be extended by Council for good cause shown.
(Ord. 88-60. Passed 6-7-88.)

1101.05 RECORDING AND REVIEW FEES FOR MAJOR SUBDIVISIONS.

   (a)   A deposit shall be posted with the City by the developer for the recording of subdivision plats, easements, etc., the review of the preliminary plan, topographic map, plat and, if the improvements are to be completed by the developer, improvement plans and specifications before the matter is referred to the City Engineer. The cost of review shall be calculated on the basis of the actual time expended at the current hourly rates as established by and on file in the Engineering Division. If the deposit is more than the actual cost of review, the remainder shall be refunded. If the cost of recording and review is greater than the deposit, the deficient amount shall be paid to the City before Council approval is given.
 
   (b)   The filing of the final plat for recording with the County Recorder shall be done by the City Engineer who shall turn such plat over to a reputable title insurance company and request a "Statement on Streets" for the benefit of the City and when such "Statement on Streets" is finished, the Engineer shall order the plat to be recorded. All costs charged for the "Statement on Streets" and recording shall be paid for by the developer.
 
   (c)   Deposits for review of plans, topographic and preliminary maps and every document required by the City and for the recording of subdivision plats, easements, etc., shall be as follows:
 
(1)   For single-family residential subdivisions (A, B or C Zoning District):
   6 to 10 lots
$600.00
   11 to 50 lots
800.00
   51 lots and up
1,000.00
(2)   All other subdivision requests
600.00
(3)   Rezoning requests
500.00
         (Ord. 2013-52. Passed 6-25-13.)

1101.06 DEPOSIT FOR INSPECTION OF MAJOR SUBDIVISION.

   (a)   When plans are submitted to the Engineering Division by a developer for a major subdivision, one thousand dollars ($1,000) shall be deposited by the developer with the City for preliminary inspection activities, including plan review. Unless the developer submits, and Council accepts, a petition described in Section 1101.11, the developer's engineer shall furnish an itemized estimate of the cost of construction of all required improvements for the approval of the City Engineer. When the estimate is approved by the City Engineer, two thousand dollars ($2,000) or five percent (5%) of the approved estimate, whichever is greater, shall be deposited by the developer with the City for inspection and testing before Council approval, and such deposit shall be in addition to the initial deposit of one thousand dollars ($1,000) at the time of plan submission.
 
   (b)   The cost of inspection shall be calculated on the basis of the actual time expended at the current hourly rates as established and on file in the Engineering Division.
 
   (c)   If the deposit is more than the actual cost, the remainder shall be refunded. If the cost of inspection is greater than the deposit, the deficient amount shall be paid to the City by the developer before construction is permitted to continue.
(Ord. 2013-52.
Passed 6-25-13.)

1101.07 PROCEDURE FOR MINOR SUBDIVISION.

   (a)   Application. A sketch plan complying with the requirements set forth in Section 1101.08 shall be prepared for each minor subdivision and an application for approval submitted to the office of the City Engineer not less than twelve days prior to the next regularly scheduled meeting of the Planning and Design Commission. The purposes of the sketch plan layout are to furnish sufficient information to determine if it qualifies as a minor subdivision, its relation to adjacent subdivisions and compliance with other City codes.
   (b)   Review by City Engineer. The developer shall submit either a metes and bounds deed description or plat, as required to the City Engineer for review and, if it is found to conform to the approved sketch plan and is otherwise satisfactory, the City Engineer shall so certify the approval thereon within seven working days after such receipt. In the event the City Engineer, or any other City official, determines that the proposed minor subdivision does not fully comply with all applicable provisions of the Zoning Code, the proposal shall nonetheless be submitted to the Planning and Design Commission for its review and the Planning and Design Commission shall be so advised by the City Engineer of the aspects of the proposal which so render it noncomplying.
   (c)   Referral to Planning and Design Commission. Upon referral by the City Engineer of a proposed minor subdivision, the Planning and Design Commission shall review all required maps, sketches and information, and the report of the City Engineer as to compliance with the applicable sections of this chapter and the Zoning Code.
   (d)   Approval. The minor subdivision shall be approved if the Planning and Design Commission determines the proposed division of land is a minor subdivision, and that:
      (1)   All the contiguous land owned by the developer therein can be completely subdivided;
      (2)   It is properly integrated with adjoining subdivisions or could be properly coordinated with the subdivision and extension of streets to adjoining land; and
      (3)   It complies with the planning principles and other sections of this chapter, the Zoning Code, local street plans and other adopted plans of the City.
   In the event that the developer proposes to create any lot or parcel which does not fully conform with the provisions of the Zoning Code, then the Planning and Design Commission shall refer the application to the Building and Zoning Board of Appeals with the request that the Board determine whether the developer should be entitled to a variance from strict compliance with the provisions of the Zoning Code which his proposed subdivision violates. Upon review and decision by the Building and Zoning Board of Appeals, the proposed subdivision application shall be returned to the Planning and Design Commission for its final review and approval, disapproval or modification.
   An approval notation to that effect shall be made on the sketch plan by the Chairman or Secretary of the Commission, and the developer shall be informed by the City Engineer if a metes and bounds deed description or a plat map will be required. Three prints of the approved sketch plan shall be made by the developer and transmitted to the Commission.
   (e)   Disapproval. If the Commission determines that the proposed division of land is a major subdivision, or if the sketch is not approved for other reasons, the Commission shall state the conditions to be complied with before such division shall be approved.
   (f)   Recording. A deed or plat shall be filed and recorded in the office of the County Auditor and the County Recorder by an authorized representative of the City within thirty days after approval by the Planning and Design Commission.
(Ord. 84-125. Passed 1-16-85; Ord. 2016-36. Passed 8-2-16.)

1101.08 SKETCH PLAN FOR MINOR SUBDIVISION.

   (a)   Maps and Data.
      (1)   Property description. A drawing or print showing by scale and dimensions the parcel which is to be subdivided and all contiguous land of the same ownership, the name of the owner and of adjoining property owners, including designations of parcels according to official records, and bearing the distance to the nearest intersection of dedicated streets.
      (2)   Topography. Information on the topography and drainage of the proposed subdivision and within fifty feet thereof.
      (3)   Utilities. Information on the accessibility of required utilities.
      (4)   Structures. Locations of existing structures on the parcel, residential structures of adjoining parcels within twenty-five feet of the proposed subdivision and all nonresidential structures on adjoining parcels.
   (b)   Sketch Plan. The sketch plan shall be clearly drawn, at a scale of not less than fifty feet to the inch, showing:
      (1)   The proposed layout;
      (2)   Dimensions of each lot;
      (3)   Existing dedicated streets, including the full width and names;
      (4)   Required building line on all proposed lots;
      (5)   Lot numbers; and
      (6)   North point.
      (Ord. 79-139. Passed 12-2-80.)

1101.09 FEES FOR MINOR SUBDIVISION; RECORDING AND REVIEW.

   A deposit of six hundred dollars ($600.00) shall be posted with the City by the developer for the recording of the subdivision, easements, etc., and for the review of the application, sketch plan, maps and other data submitted to the City Engineer. The cost of review shall be calculated on the basis of the actual time expended at the current hourly rates as established by and on file in the Engineering Division. If the charge for the recording and review is more than the amount of the deposit, the developer shall pay to the City the excess; if less, the overpayment shall be refunded.
(Ord. 2013-52. Passed 6-25-13.)

1101.10 GENERAL PROVISIONS.

   (a)   Easements. Any easements required by either a major or minor subdivision shall be described in a separate document, reciting in detail the right of construction, maintenance and entry land. The easements are to be reviewed by the City before recording. Easements are to be provided for all improvements, drainage ditches and swales not located in a public street. The easements shall be shown on the plat. The utility company, if applicable, and the City shall be the grantees.
 
   (b)   Improvements. Except as otherwise provided in a petition described in Section 1101.11 submitted to and accepted by Council, the following improvements are required for all subdivisions, minor or major: sanitary sewers and connections; storm sewers and connections; water mains and connections; paving; sidewalks; driveway aprons; trees; finish grading; street signs; traffic control devices; street illumination; and any appurtenances to the foregoing improvements.
   Unless the developer submits, and Council accepts, a petition described in Section 1101.11, before construction of the improvement begins, a performance bond insuring the completion of the improvement shall be posted with the City by the developer equal to at least one hundred percent (100%) of the approved estimate of cost of construction of the sewer, water, paving and sidewalk improvements.
      (1)   The sanitary connection shall be six inches or larger. The depth of the sanitary sewer shall be such that the sanitary connection can discharge by gravity into the sanitary sewer. Where this is not possible, basementless homes only shall be permitted. Lots to be used for basementless homes shall be noted on the plat.
      (2)   Storm sewers shall be a minimum size of twelve inches. Minimum size storm sewer connections shall be six inches. The storm sewers shall be sized to provide for storm drainage from the tributary area.
         The culverts and bridges across dedicated streets shall be constructed by the developer, unless the developer submits, and Council accepts, a petition described in Section 1101.11.
         Major drainage ditches passing through the proposed subdivision shall be improved as necessary. If a ditch is relocated, a plan shall be submitted for approval. All ditches passing through a proposed subdivision for which the City Engineer determines the culvert size to be fifty-four inch diameter circular pipe or equivalent, or less, shall be completely culverted through the subdivision. For pipe sizes between fifty-four inches and seventy-two inches inclusive, the developer shall negotiate with the City for installation of same, unless the developer submits, and Council accepts, a petition described in Section 1101.11. Ditches requiring in excess of seventy-two inch culvert may remain open, but Council, upon the advice of the City Engineer, is hereby empowered to require such ditches to be fenced with fence approved by the City Engineer, and providing that a minimum right of way of fifty feet is provided for service to such ditch. Ditch banks shall be on a minimum two horizontal to one vertical slope and deeded. No relocated ditch bank shall be closer than ten feet to adjoining property.
      (3)   Water mains and appurtenances shall be constructed in accordance with the standards and specifications of the Cleveland Water Department.
 
   (c)   Electrical Requirements.
      (1)   The preliminary plat or sketch plan with respect to any new subdivision shall be submitted to all utility companies serving the subdivision, as well as the Building Commissioner and City Engineer.
      (2)   Utility easements ten feet in width for communication and electric power and street lighting distribution lines and facilities shall be provided on all front lot lines and along certain side or rear lot lines where necessary.
      (3)   Unless the developer submits, and Council approves, a petition described in Section 1101.11, prior to the City's granting final approval of the plat, the developer shall have installed or shall have furnished adequate bond for the ultimate installation in accordance with the requirements of this chapter and Chapter 1309 "National Electrical Code", latest edition adopted by the State and all subsequent amendments thereto pertaining to the following:
         A.   Underground communication cables;
         B.   Underground distribution cables for power and street lighting from a common distribution system, and the equipment and housing necessary in the operation of the distribution system;
         C.   Adequate provisions for street illumination lamps and standards in accordance with the design approved by Council.
         Unless the developer submits, and Council approves, a petition described in Section 1101.11, the developer shall bear the increase in costs, if any, over the normal mode of construction of communication or electrical lines and facilities, as determined by the telephone or electric company involved in accordance with the rules and regulations of the telephone or electric company involved.
      (4)   The Building Commissioner (or Council or the Planning and Design Commission) may authorize a variance from these regulations when undue hardship may result from strict compliance. In granting any variance, the Building Commissioner (or Council or the Planning and Design Commission) shall prescribe only conditions that he (or it) deems necessary or desirable for the public interest and finds that there are special circumstances or conditions affecting the property such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of his land.
 
   (d)   Paving.
      (1)   All streets shall be paved with eight-inch reinforced concrete pavement; shall have barrier curbs; shall have a minimum width of twenty-eight feet measured from back of curb to back of curb; shall be constructed in accordance with the current State of Ohio, Department of Transportation, construction and material specifications, Item 451 reinforced Portland cement concrete pavement.
      (2)   Areas other than residential: nine-inch reinforced concrete pavement with barrier curbs, and shall have a minimum width of twenty-eight feet measured from the inside face to inside face of curbs.
      (3)   For all areas regardless of the type of zoning where the proposed pavement width from back of curb to back of curb exceeds thirty-two feet, the minimum lane width shall be eleven feet except that Council may require wider lane widths to conform to the volume and type of traffic.
      (4)   Sidewalks: concrete walks shall be five feet wide, four inches thick except at driveways where the thickness shall be six inches. Wire mesh six-inch by six-inch, No. 10 minimum, shall be provided and used throughout the entire length of the sidewalk.
      (5)   Driveway aprons shall have a minimum thickness of six inches for residential and eight inches for commercial and shall be flared toward the street a minimum of three feet wider on each side of the driveway. Wire mesh, six-inch by six-inch, No. 10 minimum for residential and six-inch by six-inch, No. 4 for commercial, shall be provided and used.
      (6)   Trees shall be planted according to the Master Tree Plan specified by the Director of Public Service on file at City Hall.
      (7)   The City Engineer has the authority to waive or increase the above improvement requirements when authorized by Council. All construction work required by the developer shall be done in the presence of a City Inspector, under the supervision of the City Engineer.
         (Ord. 88-60. Passed 6-7-88.)

1101.11 FINAL PLAT APPROVAL.

   (a)   Prior to the granting of final plat approval by the Planning and Design Commission, either:
      (1)   All improvements required by this chapter shall have been constructed or, to the extent contemplated in Sections 1101.04 and 1101.10, performance and maintenance bonds for their construction shall have been posted, or
      (2)   In the case of a plat including only lands inside the City, the developer shall have petitioned Council for the construction of such improvements and the levying of special assessments to pay costs thereof and Council shall have accepted that petition. Any such petition shall:
         A.   Describe in specific terms the kinds of improvements to be constructed and the location and termini of such improvements;
         B.   Be signed by the developer and each owner of each parcel or lot of property to be assessed for the improvements and, to the extent known, by the prospective owners of each such parcel or lot of property;
         C.   Waive the procedural requirements of Ohio R.C. 727 and all resolutions, ordinances, hearings and notices for the making of such improvements and the levying of special assessments to pay costs thereof;
         D.   Set forth what portion, if any, of the cost of the improvements the City will assume;
         E.   State whether the improvements are to be installed all at once or, with the approval of the City Engineer and the Planning and Design Commission, whether portions of the improvements may be installed as determined by the City Engineer and Planning and Design Commission to be desirable; and
         F.   Contain such other provisions as counsel for the City may determine to be appropriate for the proper safeguarding of the City's interests.
 
   (b)   If any such petition is accepted by Council, the fact of such acceptance shall be noted on the final plat prior to its recording.
(Ord. 88-60. Passed 6-7-88.)

1101.99 PENALTY.

   Any person, firm, partnership, corporation, contractor, subcontractor, mechanic or architect who violates any provision of this chapter shall be fined not more than one thousand dollars ($1,000) or such person or the president of the firm or corporation shall be imprisoned in the County Jail not more than six months, or both. (Ord. 79-139. Passed 12-2-80.)