North Royalton City Zoning Code
TITLE FOUR
Subdivision Regulations
APPENDIX I
Marginal Access Street; Reverse Frontage With Protective Screen
APPENDIX II
Center Line Offset; Cul-de-sac Streets
APPENDIX III
Right of Way and Street Cross-Sections
APPENDIX IV
Classification of Streets
[PER 1240.07 (G)]
Major Arterial Streets Industrial Streets
Royalton Road (SR 82) York-Alpha Drive
Ridge Road (SR 3) York-Delta Drive
State Road (SR 94) York-Theta Drive
Progress Parkway
Collector Streets Local Collector Streets
West 130th Street Royal Valley Drive
Abbey Road Oakridge Drive
York Road Queensway Drive
Sprague Road Washington Avenue
Tilby Road Southampton Drive
Bunker Road Stoney Creek Drive
Albion Road Prince Charles Drive
Wallings Road Ashley Lane
Royalwood Road Julia Drive
Akins Road Gabriella Drive
Edgerton Road Cedarwood Drive
Bennett Road Greyfriars Circle
Drake Road Harrow Place
Cady Road
Boston Road
Wiltshire Road
All streets not listed above shall be classified as a "local street".
(Ord. 98-114. Passed 9-1-98)
APPENDIX V
AGREEMENT
THIS AGREEMENT, made and entered into this 1st day of 20 , by and between the City of North Royalton, and herein referred collectively to as “Developer”; and hereinafter referred to as “Bank”.
WITNESSETH:
WHEREAS, the plat of the hereinafter referred to as “Subdivision”, has been previously presented to the City for approval; and
WHEREAS, Chapter 1248 of the Codified Ordinances of the City requires the completion of all required improvements within a subdivision, or a guarantee of completion of all improvements prior to the recording of a plat for record purposes; and
WHEREAS, Developer desires to install these required improvements and has presented its improvement plan to City, a copy of said plan is attached hereto and marked Exhibit A; and
WHEREAS, Developer has obtained a commitment from Bank for financing development of the Subdivision, Bank having agreed to make available funds in the amount of $ , for the improvements of the Subdivision;
NOW THEREFORE, the City, Bank and Developer hereby mutually promise and agree as follows:
1. Developer promises and agrees that on or before the expiration of two (2) years from the date hereof, it will construct and install, within the areas shown and described on Exhibit A hereof, at its sole expense, and without any cost, expense or liability whatsoever to the City, the sanitary sewer lines, water lines, storm sewer lines, construction and maintenance of storm sewer detention facilities, water mains and appurtenances thereto, the grading and construction of street pavement and appurtenances incident to a street, clearing and grading of land, and yard maintenance, installation of concrete sidewalks, all in accordance with the plans and specifications approved by the City Engineer and as contained in said Exhibit A and in accordance with the Ordinances, regulations, and specifications of the City, currently in effect and in the case of water mains by the Utilities Department of the City of Cleveland. Developer agrees to discharge all liabilities in connection with the installation of the above mentioned improvements.
2. Developer further agrees, that if the City accepts the aforementioned improvements upon their completion and approval by the City Engineer, to maintain said improvements in good repair and free from defects for a period of two (2) years following the acceptance of the dedication thereof to public use by the City, regardless of the course of such defects.
3. Developer further agrees that it will furnish to the City a letter from Bank confirming that the Developer has available a commitment from Bank to lend funds in an amount not less than $ (the estimated cost of the improvement) to be used solely to finance and pay the total cost of all the required subdivision improvements in the said Subdivision. Bank and Developer agree that disbursement of the aforesaid funds shall be made only upon certification by the Project Engineer, approved by the Developer and the City Engineer in accordance with the terms of the construction contracts between the developer and his contractors.
4. Developer further agrees that a condition precedent to the acceptance by the City of the dedication to the public use of said streets and roads contained in the Subdivision, it will, pursuant to Section 1248.08 of the Codified Ordinances of the City of North Royalton, furnish to the City as a Surety Bond in the penal sum of not less than 10% and a cash bond of 5% of the construction cost of City owned utilities and pavement guaranteeing that the materials and the improvements are free from defects for a period of two (2) years following the acceptance of the dedication of streets and roads in said Subdivision to the public use by the City.
Maintenance Guarantee. At the time the developer requests that his or her subdivision be accepted for dedication by the City, the developer shall present to the City Engineer a bond for warranty and maintenance of the improvements. This bond may be in cash or in the form of a Certificate of Availability of funds from a financial institution and equal to 10% of the total cost of the improvements installed.
These funds are to be used by the City where, at the discretion of the City Engineer, any defect with the improvements is discovered or damage to the improvements have occurred and the developer fails to make immediate and necessary repairs. This cash bond shall remain in place until 90% of the subdivision building lots have been completed with residences, but no later than 2 years from acceptance of dedication, after inspection and approval by the City Engineer.
In the event the inspection by the city is not approved by the City Engineer, the cash bond shall remain in place for an additional year, renewable annually, until all deficiencies have been corrected or repaired at the Developer’s cost as determined by the City Engineer.
5. Developer further agrees that during the aforesaid two (2) year period, it shall at its sole expense, repair all faults and defects of every kind and nature, whether arising out of the defects in workmanship or defective materials or otherwise.
6. In addition to the surety required in Paragraph 4 above, at the time Developer desires to obtain approval and acceptance by the City of the aforesaid improvements, Developer agrees that it will, as a additional condition precedent to the said acceptance by the City, provide the City with either a certificate or proof of acceptance of the water main by the City of Cleveland. The City Engineer shall certify that said water mains, storm sewer lines, sanitary sewer lines, streets and sidewalks, street connections, and all appurtenances thereto, have been properly installed in accordance with the aforementioned plans and specifications, and that the construction and installation thereof have been duly completed, inspected and approved by each of the hereinabove mentioned respective entities.
7. Developer further agrees that a condition precedent to the acceptance by the City of the dedication to the public use of said streets and roads contained in the Subdivision, it will furnish to the City as a surety bond in the penal sum of not less than one thousand dollars ($1,000.00) per unsold lot and/or parcels retained by Developer, not to exceed $5,000.00 per subdivision, guaranteeing that the lots and parcels are maintained pursuant to North Royalton Ordinances 660.14 and 1464.08 for a period of two years following the acceptance of the dedication or until 90% of the subdivision building lots have been completed with residences whichever occurs first.
These funds are to be used by the City, in addition to any and all other ordinances and/or penalties, where, at the discretion of the Building Commissioner, Developer has failed to maintain the lots and/or parcels and despite notice has failed to comply with North Royalton Ordinance 660.14 and 1464.08.
8. Developer agrees that during the term of this Agreement and prior to the release of any Bonds guaranteeing installation, materials or repairs, maintenance or any funds remaining on deposit as specified in Paragraph 1 above, at the time said Subdivision is ninety per cent (90%) completed, Developer shall proceed at once to complete all remaining sidewalks in said Subdivision.
9. Developer, simultaneously with the execution of this Agreement, shall pursuant to Section 214.08 (h)(6)(B) of the Codified Ordinances of the City of North Royalton, include in the escrow account, the sum equal to 10%, at a minimum, of the estimated construction cost of the improvements to defray the cost of legal, engineering and inspection fees, costs and expenses incurred by the City, and the Finance Director is hereby authorized and directed to disburse said sum upon proper billing to the City for said services. A periodic accounting of disbursements will be provided to Developer. Developer acknowledges that the foregoing sum is based upon an estimate and that in the event said sum is insufficient to fully pay all of the aforementioned expenses of the City, it shall deposit such additional sums as may be required upon the request of the Finance Director of the City.
10. Developer agrees that simultaneously with the execution of this Agreement, and before any work hereunder is commenced, it will submit evidence to the satisfaction of the City Law Director that it, or its contractors, have obtained public liability and property damage insurance covering and insuring the City as its interests may appear against any liability whatsoever in the amount of Two hundred Fifty Thousand Dollars ($250,000) for injury or death to any one person, with a minimum aggregate limit of One Million Dollars ($1,000,000), and Three Hundred Thousand Dollars ($300,000) for property damage, which insurance shall be furnished and maintained at the expense of the Developer until all the work agreed to be done by the Developer has been fully completed and accepted, including the maintenance of the aforementioned improvements agreed by the Developer to be maintained. Developer may provide such insurance under a blanket type of insurance provided the City is properly named as an insured thereunder in accordance with the provisions of this Agreement. Developer shall be liable for any damages, whether direct or indirect, to any underground or above ground utilities in the aforementioned Subdivision, and further agrees to comply both singularly and on behalf of the City with the provisions contained in Section 153.64 of the Ohio Revised Code and any amendments made thereof to the extent said Section shall be applicable.
11. Developer agrees to comply with the State Law known as Workmen's Compensation Act, and any amendments made thereto, and to cause to be covered thereunder all employees working under the control of the Developer, or its agents, and the Developer agrees to defend, indemnify and hold harmless the City and its officers, agents and employees from all claims, demands, payments, loss and expenses, including attorney fees, suits, actions, recoveries and judgments of every kind and description, whether or not well founded in law, made brought or recovered against it, arising from any cause whatever of for any reason whatever connected with the performance of this Agreement by Developer or its agents, contractors, subcontractors or employees, including any of the foregoing arising in consequence of insufficient protection or of the use of any patented invention by said Developer.
12. Developer agrees that the performance of this Agreement by it shall be solely at its expense and cost, and at not expense or cost, to, or liability or obligation of the City.
13. Developer agrees, if applicable hereunder, to deliver to the City, a Title Guarantee in the fair market value as determined by the City Engineer showing title to private property conveyed to the City by easement, if any, to be vested in the City free and clear of all liens and encumbrances.
14. This Agreement shall be binding upon any successors in interest, assignee, heir, executor, administrator or trustee of Developer, and Developer agrees that prior to any voluntary or involuntary assignment of this Agreement, to obtain, a written statement forwarded to City acknowledging the obligation of any successor in interest to comply with the terms of this Agreement.
IN WITNESS WHEREOF, the parties hereto have affixed their signatures upon this Agreement as duly authorized agents, warranting that they are empowered to bind their respective party, on the date first written above.
WITNESS: CITY OF NORTH ROYALTON, OHIO
AS TO THE CITY:
By:
Mayor
By:
Finance Director
APPROVED:
Director of Law
AS TO DEVELOPER:
BY:
AS TO BANK:
BY:
(Ord. 98-114. Passed 9-1-98; Ord. 04-133. Passed 6-1-04; Ord. 09-69. Passed 7-7-09; Ord. 11-82. Passed 7-19-11; Ord. 25-11. Passed 3-18-25.)
1240.01 SHORT TITLE.
This Title Four of Part Twelve of these Codified Ordinances shall be known and referred to as the "City of North Royalton Subdivision Regulations" and shall be referred to throughout this Title Four of Part Twelve of these Codified Ordinances as "these Regulations."
(Ord. 1970-232. Passed 9-15-71; Ord. 98-114. Passed 9-1-98.)
1240.02 PURPOSES AND INTENT.
The purpose of these Regulations, and the intent of the legislative body in their adoption, is to guide and control the planning, subdividing and development of land and to provide procedures for the administration thereof in order to promote and protect the public health, safety, convenience, comfort, prosperity and general welfare and to achieve, among others, the following objectives:
(a) To provide for the orderly development and redevelopment of land to obtain harmonious and stable neighborhoods;
(b) To provide for the reservation and dedication of land for safe and convenient pedestrian and vehicular circulation and public open spaces for schools, recreation and other public purposes;
(c) To provide for the construction of streets and utilities which will be adequate and economical to maintain;
(d) To assure the accurate surveying of land and preparing and recording of plats; and
(e) To provide for the coordination of land development in accordance with the objectives of the Master Plan and the Zoning Code of the City of North Royalton.
(Ord. 1970-232. Passed 9-15-71; Ord. 98-114. Passed 9-1-98.)
1240.03 INTERPRETATION AND CONFLICTS.
(a) The provisions of these Regulations shall supplement any and all laws of the State of Ohio, ordinances of this Municipality and any and all rules and regulations promulgated by authority of such laws or ordinances relating to the purposes and scope of these Regulations.
(b) The provisions of these Regulations shall be construed to be the minimum requirements necessary for the preservation of public health, safety and welfare within the City. These Regulations are not intended to repeal, abrogate or supersede any existing regulation of the City, nor to conflict with any statutes, laws or regulations of the State of Ohio or Cuyahoga County, except that these Regulations shall prevail in cases where these Regulations impose a lawful restriction or requirement more severe than existing statutes, laws or regulations.
(Ord. 1970-232. Passed 9-15-71; Ord. 98-114. Passed 9-1-98.)
1240.04 APPLICATION.
These Regulations shall affect and be binding upon any proposed subdivision or resubdivision for which the preliminary plat has not been at least tentatively or conditionally approved by the Planning Commission upon the effective date of these Regulations.
(Ord. 1970-232. Passed 9-15-71; Ord. 98-114. Passed 9-1-98.)
1240.05 SEPARABILITY.
Should any section or provision of these Regulations be declared invalid by a court of competent jurisdiction, such decision shall not affect the validity of these Regulations as a whole, or any part thereof other than the section of provision so declared to be invalid, nor shall the decision affect the application of the section or provision to different facts or circumstances.
(Ord. 1970-232. Passed 9-15-71; Ord. 98-114. Passed 9-1-98.)
1240.06 AMENDMENTS.
In amending these Regulations, the procedure shall be as follows:
(a) The ordinances or regulation shall be introduced before Council, shall be publicly read at a duly convened meeting thereof and shall be referred to the Planning Commission and the City Engineer for their consideration and recommendations. Within forty days after such ordinance or regulation has been filed with the Commission Secretary and the City Engineer, the Planning Commission and City Engineer shall evaluate said ordinance or regulation and shall furnish to the Council their detailed report and recommendations with respect thereto. Council shall then proceed to act upon such ordinance or regulation as provided in Section (j) of Article III of the City Charter. Amendments to such ordinance or regulation may be made by Council at any reading thereof.
(b) The Council shall have power, from time to time, to provide in the specific platting ordinances or regulations for notification to the public, provided that the same shall not be in derogation of the provisions of subsection (a) hereof.
(c) Any platting ordinance or regulation pending at the time this section becomes effective shall be subject to and affected by the provisions of this section.
(Ord. 1970-232. Passed 9-15-71; Ord. 98-114. Passed 9-1-98.)
1240.07 DEFINITIONS.
(a) Rules of Construction. Words in these Regulations are normally used in their ordinary English usage. Certain terms are, however, defined in this section, and wherever such terms are used in these Regulations they shall have the meanings set forth in this section, except where the context clearly indicates a different meaning. All words used in the singular shall include the plural, and all words used in the present tense shall include the future tense, unless the context clearly indicates the contrary.
(b) General Terms.
(1) The word "shall" is to be interpreted as mandatory and shall be complied with unless waived; "may" is to be interpreted as having permission or being allowed to carry out a provision; "should" is to be interpreted as expressing that the application of the criterion or standard is desired and essential unless commensurate criteria or standards are achieved.
(2) The phrase "used for" shall include "arranged for," "designed for," "intended for," "maintained for" or "occupied for."
(3) "City" and "Municipality" refer to the City of North Royalton, Ohio.
(4) "Clerk" means the duly acting and qualified Clerk of the City of North Royalton.
(5) "Commission" means the City Planning Commission of North Royalton.
(6) "Commissioner" means the Building Commissioner of the City of North Royalton.
(7) "Council" means the legislative body of the City of North Royalton.
(8) "County" means the County of Cuyahoga, Ohio.
(9) "Criterion" means a principle by which the planning of a development area shall be guided.
(10) "Developer" means a person and all his assistants, employees and consultants commencing proceedings under these Regulations effecting the development of land for himself, for herself or any other legal entity.
(11) "Engineer" means the Engineer of the City of North Royalton.
(12) "Finance Director" means the duly acting Finance Director of the City of North Royalton.
(13) "Person" means an individual, firm, association, corporation, trust or any other legal entity, including his, her or its agents.
(14) "Regulations" means the Subdivision Regulations of the City of North Royalton.
(15) "Standard" means a test, measure, model or example of quantity, extent or quality.
(c) Grades.
(1) "Established street grade" means elevations established by the Engineer at the roadway, at the centerline or at the curb in front of a lot.
(2) "Finished grade" means the elevation of a finished surface of ground adjoining a building after final grading and normal settlement.
(3) "Natural grade" means the elevation of the undisturbed natural surface of ground prior to any excavation or fill.
(d) Lot, Parcel and Land.
(1) "Area of lot" means the total useable horizontal area within the boundary lines of a lot.
(2) "Building line" means a line established by the Zoning Code, generally parallel with and measured from the front lot line, defining the limits of a front yard, in which no building or structure may be located above ground except as may be provided in the Zoning Code.
(3) "Common land" means land in a subdivision or development area not owned as private land or occupied by dwellings, created for common usage by restrictions, easement, covenants or other conditions running with the land, and held for the use and enjoyment by or for the owners or occupants of the dwellings in the subdivision or development area.
(4) "Corner lot" means a lot abutting on two streets at their intersection, if the interior angle or intersection is not more than 135 degrees.
(5) "Front lot line" means the lot line separating an interior lot from the street upon which it abuts, or the shortest lot line of a corner lot which abuts upon a street. Unless the context clearly indicates the contrary, the term "front lot line" shall be construed as synonymous with "street line".
(6) "Homeowners association" means an incorporated, nonprofit organization operating under recorded land agreements through which each lot owner of a development area is a member, and providing that each lot is subject to charges for a proportionate share of the expenses for the organizations activities, such as maintaining the common property.
(7) "Lot" means a division of land separated from other divisions for purpose of sale, lease or separate use, described on a recorded subdivision plat or recorded survey map or by metes and bounds.
(8) "Lot Depth" means the mean horizontal distance of a lot measured between the front and rear lot lines.
(9) "Lot line" means the boundary of a lot separating it from adjoining public, common or private land, including a public street.
(10) "Lot of record" means land designated as a separate parcel on a plat map or deed in the records of Cuyahoga County, Ohio.
(11) "Lot width" means the horizontal distance of a lot measured along the building line at a right angle to the mean lot depth line. Width at the front lot line is measured along the street line.
(12) "Private land" means land in a subdivision or development area which shall be adjoining, attached and assigned to a one-family, two-family or townhouse dwelling, to be held as an open space in ownership with the dwelling in the subdivision or development area, and which shall be identified as such on subdivision and development plans submitted to the City.
(13) "Rear lot line" means a lot line parallel or within forty-five degrees of being parallel to the front lot line. If no such line exists, the rear lot line shall be deemed to be a line parallel to the front lot line not less than twenty feet long lying wholly within the lot at the greatest distance from the front lot line.
(14) "Side lot line" means a lot line which is neither a front nor a rear lot line.
(e) Maps, Plans and Plats.
(1) "Final plat" means the final plat for record prepared by a developer based upon the conditionally approved preliminary plat of a proposed subdivision.
(2) "Map" means a drawing showing geographic, topographic or other physical features of land.
(3) "Master Plan" means the plan and statement of objectives and recommendations prepared by or for the Council and Planning Commission and adopted by them, indicating the general location and extent of desirable future land development, community facilities and street plans for the City of North Royalton.
(4) "Official map" means any zoning map adopted by Council, together with modifications thereof or amendments thereto, and any map prepared by or for the Planning Commission and adopted by Council, which shows the accurate location of the lines of existing streets, streets shown on adopted mapped-street plats, streets shown on lawfully recorded subdivision plats, existing public open spaces and proposed streets and public open spaces which are in conformity with the Master Plan.
(5) "Plan" means a drawing of a proposed design or of work to be performed.
(6) "Plat" means a map of a lot, parcel, subdivision or development area on which the lines of each element are shown by accurate distances and bearings.
(7) "Preliminary plat" means a drawing prepared by a developer, which may include explanatory exhibits and text, submitted to the designated authority for the purpose of obtaining conditional approval for a proposed subdivision of land, which, if approved by the Planning Commission, provides the basis for proceeding with the preparation of the final plat of a subdivision.
(8) "Sketch plan" means a simple sketch of the proposed layout of streets, lots and other features of a proposed subdivision in relation to existing conditions, including topography, prepared by the developer and submitted to the Planning Commission for the purpose of obtaining the Commission's advice and assistance before preparation of the preliminary plat.
(f) Minimum Standards and Improvements
(1) "Improvements" means street pavements, with or without curbs or gutters, sidewalks, water mains and appurtenances related thereto, sanitary and storm sewers and appurtenances related thereto, street trees and other appropriate items.
(2) "Minimum standards" means the details of construction design and specifications, including construction methods and materials and design criteria, approved by the Planning Commission and adopted by separate ordinance by the Council, which are required for all improvements, including storm sewers and other drainage facilities, sanitary sewers, pavement, curbing, gutters, headwalls, culverts, sidewalks and appurtenances to each, constructed and installed in any public or private place in the Municipality.
(g) Streets. "Street" means a public way for purposes of vehicular travel, including the entire area within the right of way. The term includes, but is not limited to, avenue, alley, boulevard, drive, highway, road and freeway. Streets shall be classified and further defined as follows:
(1) "Collector street" means a street located outside or bounding neighborhoods supplementary to and connecting the major arterial street system to local collector streets.
(2) "Driveway" and "access drive" mean a paved area providing ingress and egress for vehicles to and from private property and a public right of way.
(3) "Easement" means the right of a person to use common land or private land owned by another for a specific purpose.
(4) "Freeway" means a divided arterial highway for through traffic to which access from abutting properties is prohibited and all street crossings of which are made by grade-separated intersections.
(5) "Industrial street" means a street designed and constructed to serve both truck and bus movements within an industrial area. Abutting property will have free access to such streets, and on-street parking and loading are prohibited on such streets.
(6) "Local collector street" means a street which collects internal traffic movements within a large subdivision or neighborhood and connects such areas with the collector and/or arterial street system.
(7) "Local street" means a street primarily for access to abutting residential properties and to serve local needs.
A. "Alley" means a public right of way which affords only secondary means of access to abutting property and which is not intended for general traffic circulation.
B. "Cul-de-sac" means a street, one end of which connects with another street and the other end of which is a dead-end which allows space for turning of vehicles.
C. "Marginal access street" means a local street providing access to lots which abut or are adjacent to a limited access highway or major street.
(8) "Major arterial street" means a public street which is primarily for moving fast or heavy traffic between large or intensively developed districts.
(9) "Pedestrian way" means a public or private right-of-way solely for pedestrian circulation.
(10) "Private street" means a street held in private ownership.
(11) "Right of way" means all of the land included within an area which is dedicated, reserved by deed, or granted by easement for street purposes.
(12) "Sidewalk" means that portion of the street right-of-way, outside the roadway not including tree lawn or planting strip which is paved for use by pedestrians.
(13) "Street line" means the street right-of-way line.
(h) Subdivision. "Subdivision" means:
(1) The division of any parcel of land shown as a unit or as contiguous units on the last preceding tax roll, into two or more parcels, sites or lots, for the purpose, whether immediate or future, of transfer of ownership, provided, however, that the division or partition of land into parcels of more than five acres not involving any new streets or easements of access, and the sale or exchange of parcels between adjoining lot owners, where such sale or exchange does not create additional building sites, shall be exempted; and
(2) The improvement of one or more parcels of land for residential, commercial or industrial purposes involving the division or allocation of land for the opening, widening or extension of any street or streets, except private streets serving industrial structures; the division or allocation of land as open spaces for common use by owners, occupants or lease holders or as easements for the extension and maintenance of public sewer, water, storm drainage or other public facilities.
(Ord. 1970-232. Passed 9-15-71.)
(3) Classification and Determination of Subdivision Type. There are two basic types of subdivisions:
A. Minor. The City Engineer shall determine that a proposed subdivision of land is a minor subdivision if the proposed division of a parcel of land is along an existing public street, does not involve the opening, widening or extension of any street or road and does not involve more than five lots after the original tract has been completely subdivided.
B. Major. A major subdivision is any subdivision that does not meet the requirements of a minor subdivision.
(Ord. 98-114. Passed 9-1-98.)
1242.01 CASH DEPOSIT, INSURANCE AND CONTRACTOR'S PERFORMANCE BOND.
Any developer who shall install or cause to be installed any of the improvements required by Chapter 1248, or who shall provide for the installation of such improvements pursuant to Section 1248.03, shall comply with the following before any such installations begin and shall continue to comply therewith as hereinafter indicated:
(a) Such developer shall, before such installation begins, deposit with the City Engineer twenty-five hundred dollars ($2500.00), or such other larger amount recommended by the City Engineer and approved by Council, either in cash or by means of a certified check. The amount so deposited shall be paid out on order of the City Engineer to the Municipality or to a contractor selected by the Engineer to remove dirt, silt or any other accumulation from any street or conduit for the drainage of sewage or water, or to repair the permanent pavement or the property of the Municipality or private property, if the developer neglects or refuses to remove such accumulations or to make such repairs when so ordered by the City Engineer.
When more than half of the amount shall have been used by the Municipality for such purpose, the developer shall deposit sufficient additional funds to bring the balance again to the amount established in accordance herewith. Failure to maintain such balance upon request shall constitute authority for the City Engineer to issue a stop work order to the developer and cease all work upon the improvements being installed. When the improvement has been completed, any balance in the fund not then needed for the purposes aforesaid shall be returned to the developer.
(b) Such developer shall, before such installation begins, furnish and keep in full force and effect at all times during the period required to install the improvements and for a period of two years thereafter, a policy of insurance written by a solvent insurance company authorized to do business in the State of Ohio. Such policy shall be in form and amount satisfactory to the City Law Director and shall insure and indemnify the Municipality against any legal liability incurred as a result of damage to persons or property arising out of the acts or omissions of the developer or any of his or her contractors, subcontractors, agents or employees, in connection with the installation or construction of such improvements, or arising out of the unimproved condition of the streets being improved.
(Ord. 1970-232. Passed 9-15-71; Ord. 98-114. Passed 9-1-98; Ord. 04-131. Passed 6-1-04.)
1242.02 CONSTRUCTION AGREEMENT.
(a) To ensure construction and installation of the subdivision improvements required, the developer shall execute a construction agreement containing those terms and provisions set forth in the construction agreement in substantially the same form as incorporated herein as Appendix V of these Subdivision Regulations. No construction agreement shall be executed by or on behalf of the City without first being reviewed by the City Engineer, Law Director and Mayor.
(b) No construction of any improvements or clearing, grubbing or grading shall be commenced prior to the execution, by the developer, the bank and the City of the construction agreement referred to in subsection (a) hereof. All subdivision improvements as specified in such construction agreement shall be completed and installed within twenty-four months from the date of execution of the construction agreement or at such other time as may be specified in the construction agreement.
(Ord. 1970-232. Passed 9-15-71; Ord. 98-114. Passed 9-1-98; Ord. 04-131. Passed 6-1-04.)
1242.03 FEES FOR RECREATIONAL DEVELOPMENT.
No building permit shall be issued for a dwelling unit, to any owner, subdivider or agent of either, until a fee of three hundred dollars ($300.00) is paid to the City for each dwelling unit to be constructed, which fee is to be used for City recreational purposes. Each such fee shall be deposited in a separate City recreation capital improvement fund and shall be used for recreational capital improvements as directed by City Council.
(Ord. 91-43. Passed 4-2-91; Ord. 98-114. Passed 9-1-98; Ord. 18-21. Passed 2-20-18.)
1242.04 FEES FOR FUTURE CAPITAL IMPROVEMENTS OF CITY FACILITIES.
No building permit shall be issued for a dwelling unit, to any owner, subdivider or agent of either, until a fee of three hundred dollars ($300.00) is paid to the City for each dwelling unit to be constructed, which fee is to be used for capital improvements of City facilities. Each such fee shall be deposited in a separate City capital improvement fund and shall be used for improvements of City facilities as directed by City Council.
(Ord. 91-44. Passed 4-2-91; Ord. 98-114. Passed 9-1-98; Ord. 18-21. Passed 2-20-18.)
1242.05 FEES FOR SERVICES TO ALLEVIATE AND IMPROVE STORM SEWER DRAINAGE PROBLEMS.
No building permit shall be issued for a dwelling unit, to any owner, subdivider or agent of either, until a fee of five hundred dollars ($500.00) is paid to the City for each single-family home, and three hundred and fifty dollars ($350.00) for each multifamily dwelling, to be constructed, which fee shall be deposited in a separate City fund and used for fees for personal services, operation, maintenance and capital improvements to alleviate and improve storm water drainage in the City of North Royalton.
(Ord. 91-45. Passed 4-2-91; Ord. 98-114. Passed 9-1-98; Ord. 05-14. Passed 2-15-05.)
1242.06 FEES FOR CONTINUING IMPROVEMENT, UPDATING AND DEVELOPMENT OF CITY-OWNED WATER MAINS. (REPEALED)
(EDITOR’S NOTE: Section 1242.06 was repealed by Ordinance No. 18-21, passed February 20, 2018.)
1242.07 VARIANCES.
(a) Hardship. The Planning Commission may permit variances from these Regulations and Zoning Ordinances provided that such variances are not in conflict with the intent and purposes of these Regulations. In granting variances, modifications or waivers, the Planning Commission may require such conditions as will, in its judgment, secure substantially the objectives of the standards and requirements so affected.
(b) Cluster and Planned Unit Developments. Zoning Code requirements relative to area, height, bulk and placement, as they are usually applicable to single lots and buildings, would in certain case of large scale developments have results affording less protection to the public health, safety and welfare than if a degree of flexibility were permitted. Permitting these planned projects as special exceptions can, in certain cases, increase their desirability and convenience to the residents and users of the planned projects without adversely affecting adjoining property.
(c) Procedure. The developer shall submit an application for a variance, modification or waiver in writing to the Planning Commission simultaneously with the preliminary plat for the subdivision. The application shall explain in detail the reasons for and facts supporting the request.
(Ord. 1970-232. Passed 9-15-71; Ord. 98-114. Passed 9-1-98.)
1242.99 PENALTY; EQUITABLE REMEDIES.
(a) Whoever violates or fails to comply with any of the provisions of these Regulations, for which no penalty is otherwise provided, shall, for a first offense, be guilty of a misdemeanor and shall be fined two hundred fifty dollars ($250.00) and imprisoned thirty days. For a second or subsequent offense such person shall be fined not more than one thousand dollars ($1,000) and imprisoned six months. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
(Ord. 1980-120. Passed 9-17-80.)
(b) Whoever violates Section 1244.06(e) is guilty of a misdemeanor of the first degree and shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than six months, or both, for each offense.
(Ord. 1987-123. Passed 10-21-87.)
(c) In addition to such penalties, the Municipality shall also have the right, by appropriate action as law or in equity, to enjoin, correct, restrain and abate any such violation.
(Ord. 1980-120. Passed 9-17-80.)
(Ord. 98-114. Passed 9-1-98.)
1244.01 INTENT.
Procedures are herein established for achieving efficiency and uniformity in the administration of these Regulations, including:
(a) Procedures whereby a developer may obtain information, plan land developments, make application for review, record plats and construct land improvements;
(b) Procedures whereby the Planning Commission may review, study, make recommendations concerning, and approve, plans and plats and otherwise administer these Regulations; and
(c) Procedures for planning and developing land consistent with procedures for planned unit developments as set forth in the Zoning Code in accordance with the objectives of the Master Plan.
In addition, the intent of this Chapter is to ensure that the proper information is included in the preparation of sketch plans and preliminary and final plats of subdivision for submission to the Planning Commission, Council and the City Engineer for their review and approval.
(Ord. 1970-232. Passed 9-15-71; Ord. 98-114. Passed 9-1-98.)
1244.02 OBJECTIVES.
It shall be the objectives of the Planning Commission to:
(a) Encourage the replatting of such parcels which are unsatisfactorily subdivided or do not place due consideration for existing utilities and facilities, and to plan for the coordinated platting of adjacent parcels of land;
(b) Encourage the use of such lands in conformity with the Master Plan of the City of North Royalton;
(c) Discourage the subdividing of any land which cannot be efficiently served with public utilities, fire protection, police protection or other Municipal services, or which is located in an area subject to flooding, or which is topographically unsuitable for development, or which, for any other reason, is being unwisely or prematurely subdivided; and
(d) To assist a developer in decisions concerning both the financial and physical aspects of planning for a particular development.
(Ord. 1970-232. Passed 9-15-71; Ord. 98-114. Passed 9-1-98.)
1244.03 PLANS AND PLATS REQUIRED.
Before any developer shall transfer or contract for the transfer of, or offer to transfer, any subdivision of land, or any part thereof, which is laid out wholly or partially within the corporate limits of North Royalton, or within three miles thereof in cooperation with other municipalities, such developer shall file a sketch plan, preliminary plat and final plat of a subdivision, together with detailed plans and specifications for all required improvements and appurtenances thereto, with the Planning Commission and obtain the approval, conditional approval and final approval thereof as hereinafter provided.
(Ord. 1970-232. Passed 9-15-71; Ord. 98-114. Passed 9-1-98.)
1244.04 FRONTAGE SPLITS ON EXISTING IMPROVED AND DEDICATED STREETS.
If the subdivision represented on the sketch plan of a subdivision, as hereinafter provided, is a minor subdivision abutting upon an existing dedicated street with permanent pavement and all other required improvements installed therein, and involves no more than five lots after the original tract has been completely subdivided, and the opening, widening, improvement or extension of any street, or the installation of any public utility, is not involved, said proposed subdivision may be approved by the Planning Commission, and the preparation and submission of a preliminary and final plat are not required.
(Ord. 1970-232. Passed 9-15-71; Ord. 98-114. Passed 9-1-98.)
1244.05 SKETCH PLAN; PRE-APPLICATION PROCEDURE.
(a) Prior to the filing of an application for conditional approval of a preliminary plat, the developer shall submit to the Planning Commission a sketch plan of the subdivision along with other data as described herein.
(b) The purpose of the sketch plan and pre-application procedure is to afford the developer an opportunity to avail himself or herself of the advice and assistance of the Planning Commission, and to consult early and informally with the Commission before preparation of a preliminary plat and before formal application for its approval.
(c) The developer should also consult with parties potentially interested with him or her, or with the ultimate users of the development, with a view to reaching, at this initial stage, firm conclusions regarding what part of the market demand should be served, the suitability of the location of the proposed subdivision, the most advantageous subdivision plan, and the arrangement of streets, lots and other features of the proposed development.
(d) Within one hundred twenty days after receiving the sketch plan and required supplementary data, the Planning Commission shall inform the developer that the plans and data as submitted, or as modified, comply with the requirements of these Regulations, or fail to comply, and shall approve, disapprove or modify said sketch plan. In the case of disapproval, the Commission shall state in writing its reason for such disapproval.
(e) Pre-application sketch plans and data shall include the following:
(1) General subdivision information, which shall describe or outline the existing conditions of the site and the proposed development as necessary to supplement the drawings required in this section. This information shall include data on existing covenants, land characteristics and available community facilities and utilities, as well as information describing the subdivision proposal, such as the number of residential lots, typical lot width and depth, price range, business areas, playground park areas and other public areas, proposed protective covenants, proposed utilities and proposed street arrangement and improvements.
(2) A location map, which shall show the relationship of the proposed subdivision to existing community facilities which serve or influence it. It shall include the development name and location; the scale; the north point; the date; main traffic arteries; public transportation lines; and, where applicable, the location of existing shopping areas, schools, parks, playgrounds, hospitals, churches and other community facilities.
(3) A sketch plan, with topographic data, which shall show in sketch form the proposed layout of streets, lots and other features in relation to existing conditions. The sketch plan may be a free-hand pencil sketch made directly on a print of the topographic survey.
(Ord. 1970-232. Passed 9-15-71; Ord. 98-114. Passed 9-1-98.)
1244.06 PRELIMINARY PLAT; CONDITIONAL APPROVAL.
Following the approval by the Planning Commission of a sketch plan of a subdivision, as provided in Section 1244.05, a developer shall prepare a preliminary plat of a subdivision, together with improvement plans and other supplementary material as specified herein.
(a) Plat Preparation. The preliminary plat shall be designed and drawn by a engineer or land surveyor.
(b) Submittal of Data. Fourteen copies of the preliminary plat and supplementary material specified shall be submitted to the planning Commission with a written application for conditional approval at least ten days prior to the date of the meeting at which it is to be considered.
(1) Data required as a basis for the preliminary plat shall include existing conditions as follows, except when otherwise specified by the Planning Commission:
A. Boundary lines: Bearings and distances;
B. Easements: Location, width and purpose;
C. Streets on and adjacent to the tract; Name, distances to, right-of-way width and location; type, width and elevation of roadway; legally established centerline elevation; walks, curbs, gutters, culverts, etc.,
D. Utilities on and adjacent to the tract: Location, size, invert elevation and directional flow of existing and proposed subdivision sanitary and storm sewers, and sewers connecting with existing or proposed Municipal interceptor, outlet or trunk sewers outside of the subdivision, and the area and location of easements to be granted to the Municipality for such proposed sewers. The location and size of water mains, and the location of gas lines, fire hydrants, electric and telephone poles, underground facilities and street lights, shall also be shown. If water mains and sewers are not on or adjacent to the tract, the direction and distance to the nearest facility, and its size, shall be indicated, showing invert elevation of the sewers.
E. Ground elevations on the tract, based on the U.S. Geological Survey datum plane at a contour interval of not more than two feet;
F. Subsurface conditions on the tract. Location and results of tests made to ascertain subsurface soil, rock and ground water conditions; or a written description if no formal testing is performed.
G. Other conditions on the tract: Watercourses, marshes, rock outcroppings, wooded areas, isolated preservable trees one foot or more in diameter, dwellings, buildings and other significant features;
H. Other conditions on adjacent land: Approximate direction and gradient of ground slope, including any embankments and retaining walls; character and location of buildings, railroads, power lines, towers and other nearby nonresidential land uses or adverse influences; owners of adjacent unplatted land. For adjacent platted land, reference shall be made to the subdivision plat by name, recorded date and number, and the approximate percentage of completion, the typical lot size and the dwelling type shall be shown.
I. Photographs, if required by the Planning Commission: Camera locations, directions of views and key numbers;
J. Zoning, on and adjacent to the tract;
K. Proposed public improvements: Highways or other major improvements planned by public authorities for future construction on or near the tract;
L. Key map, showing the location of the tract;
M. Title and certificates: Present tract designation (permanent parcel number) according to official records in the office of the County Auditor and Recorder; title under which the proposed subdivision is to be recorded, with names and addresses of owners and developers, and notations stating acreage, scale, north point, datum, benchmarks, certification of a registered civil engineer or surveyor, date of the survey and name of the engineer or surveyor who prepared the preliminary plat;
N. A letter of intent indicating the proposed use to which the subdivision will be put, along with a description of the type of residential buildings and number of dwelling units contemplated, or the type of business, so as to reveal the effect of the development on traffic, fire hazards or congestion of population. Such proposed uses may not be in conflict with any zoning ordinance which may be in effect at the time of action on the plat.
P. Videotape of existing right-of-way conditions for a distance of 1000 feet either side of entrance road intersection. The video tape shall show the predevelopment condition of pavement, sidewalks, trees, lawns and other improvements in sufficient detail to determine if construction activities cause damage.
Q. A report from the Soil and Water Conservation District which details the soil and water conditions existing on the proposed site.
R. A traffic study of the existing traffic levels and anticipated traffic levels on streets that will be directly impacted by the proposed development.
S. Wetlands Permits when required by U.S. Army Corp. of Engineers.
T. Any and all other permits required by County, Regional, State and/or Federal Agencies.
(2) The preliminary plat shall be prepared at a scale of 100 feet to one inch and shall show all existing conditions required under paragraph (b)(1) hereof and shall also show all proposals including the following:
A. Streets: Names, right-of-way and roadway widths, approximate grades and gradients;
B. Other rights of way or easements: Location, width and purpose;
C. Location of utilities, if not shown on other exhibits;
D. Lot lines and lot numbers;
E. Sites, if any, to be reserved or dedicated for parks, playgrounds or other public uses;
F. Sites, if any, for multifamily dwellings, shopping centers, churches, service and industrial uses or other nonpublic uses;
G. Minimum building setback lines, shown on all lots, including corner lots, cul-de-sac lots and other lots having unusual shape or configuration;
H. Site data, including number of residential lots, typical lot size, gross acreage, net acreage (residential use only), and acres in parks, etc.;
I. Title, scale, north point and date;
J. Conditional approval paragraph, for execution by the Chairperson and Secretary of the Planning Commission to evidence the conditional approval of the Commission, the date thereof and the period of effectiveness of the conditional approval in accordance with these Regulations; and
K. Typical building arrangement and dimensions and configuration of a typical house(s) in the Subdivision.
(3) The preliminary plat shall be accompanied by a topography plan of existing conditions of the proposed subdivision; profiles showing the existing ground surface and proposed street grades, including extensions for a reasonable distance beyond the limits of the proposed subdivision; typical cross-sections of the proposed grading, roadway and sidewalks; and preliminary plans of proposed sanitary and storm water sewers with grades and sizes indicated. All elevations shall be based on U.S.G.S. datum plane.
(4) The preliminary plat shall be accompanied by a draft of protective covenants whereby the developer proposes to regulate land use in the subdivision and otherwise protect the proposed development.
(c) Review Procedures. Upon receipt of the application, preliminary plat and other supplementary material as specified in these Regulations, the Secretary of the Planning Commission shall transmit a copy of all submissions to the City Engineer for review, report and recommendation. He shall, within thirty days from the date of receiving the preliminary plat and supplementary material, provide and furnish to the Planning Commission a report of all his findings with regard to all of the submission material.
Following the review of the preliminary plat, together with other material submitted, for conformity thereof to these Regulations, and following the review of the Engineer's report, and following the completion of all negotiations with the developer on changes deemed advisable by the Engineer and/or Planning Commission as to the kind and extent of improvements to be made, the Planning Commission shall, within one hundred twenty days after receiving the preliminary plat and supplementary material, either conditionally approve the preliminary plat, disapprove it with reasons, or conditionally approve it subject to such modifications as may be required. The action of the Planning Commission shall be noted on all three copies of the preliminary plat, referenced and attached to any conditions specified. One copy shall be returned to the developer, one copy forwarded to the Engineer, and one copy filed with the records of the Planning Commission.
(d) Extent of Approval. Conditional approval by the Planning Commission shall be limited to general lot arrangement and street location only. Conditional approval shall be deemed an expression of approval of the layout submitted for the approval of the Planning Commission, and used for recording upon fulfillment of the requirements of these Regulations and conditions of the conditional approval, if any. In no case shall the conditional approval by the Planning Commission be construed as an acceptance of dedication of streets and public places shown thereon, nor shall it entitle the developer to place such plat on record.
(e) Transfer, Contract to Sell or Sale of Land Before Plat Recording Prohibited. No person, being the owner or agent of the owner of any land within the City of North Royalton, shall willfully transfer, contract to sell or sell any lot, parcel or tract of such land from or in accordance with a plat of a subdivision as specifically defined in Section 1240.07, before the plat has been recorded in the office of the County Recorder. The description of the lot, parcel or tract by metes and bounds in the deed of transfer or contract to sell shall not serve to exempt the seller from this section. The sale of lots, parcels or tracts from a plat of a subdivision on which any and all areas indicated as streets or open grounds are expressly indicated as for the exclusive use of the abutting or other owners in the subdivision, and not as public streets, ways or grounds, shall not serve to exempt the seller from this section.
(Ord. 1987-123. Passed 10-21-87.)
(f) Approval Period. Conditional Approval of any preliminary plat or any part thereof shall expire and become ineffective for all purposes one year after the date of Planning Commissions Approval unless all of the following conditions exist:
(1) The plans and specifications and details required in Chapter 1248 of these regulations for the improvements required have been submitted to and approved by the City Engineer; and
(2) The necessary easements for such improvements have been granted to and accepted by the Municipality in accordance with these Regulations; and
(3) Such improvements have been placed under contract to construct; and
(4) Such improvements have commenced and consistently progressed; and
(5) The final plat for record has been submitted.
The Planning Commission may grant one extension of its conditional approval of a Preliminary Plat as it deems necessary; not to exceed six months, providing that the developer demonstrates in writing a condition on his part of unnecessary hardship or practical difficulty; and, providing that not more than one year has elapsed since Planning Commissions conditional approval of the Preliminary Plat.
(Ord. 98-114. Passed 9-1-98.)
1244.07 FINAL PLAT.
Following the conditional approval by the Planning Commission of a preliminary plat, and subject to the provisions of these Regulations, the developer shall prepare for record purposes, and for dedication of public streets and other public places, a final plat of the proposed subdivision, as set forth in this section.
(a) Submittal of Data. A written application for approval of the final plat of a subdivision, together with fourteen copies of the final plat, improvement plans, supplementary material and other exhibits required for approval as specified below, shall be submitted to the Planning Commission at least ten days prior to the date of the meeting at which it is to be considered.
(b) Contents Generally. The final plat of a subdivision shall contain all requirements stipulated in the preliminary plat as conditionally approved, and, if desired by the developer, may constitute only that portion of the preliminary plat which he or she proposes to record and develop at the time, provided, however, that such portion conforms to all the requirements of these Regulations.
(c) Specific Contents. Final plats, "As-Built" plans, and data prepared for final approval and recording shall include:
(1) The final plat drawn in ink on mylar on sheets twenty-four inches wide by thirty-six inches long at a scale of 100 feet to one inch. Where necessary, the plat may be on several sheets accompanied by an index sheet showing the entire subdivision at an appropriate scale. For large subdivisions the final plat may be submitted for approval progressively in contiguous sections satisfactory to the Planning Commission and the City Engineer. The final plat shall show the following:
A. Primary control points, approved by the City Engineer, or descriptions and "ties" to such control points, to which all dimensions, angles, bearings and similar data on the plat shall be referred;
B. Tract boundary lines, right-of-way lines of streets, easements and other rights of way, and property lines of residential lots and other sites, with accurate dimensions, bearings or deflection angles, and radii, arcs and central angles of all curves;
C. Names and right-of-way width of each street or other right of way;
D. The location of the termini of existing and proposed streets on adjoining property with such dimensions as are necessary to show their relation to streets being dedicated in the proposed subdivision;
E. Location, dimensions and purposes of any easements;
F. Number identification of each lot or site;
G. Purpose for which sites, other than residential lots, are dedicated or reserved;
H. Minimum building setback line on all lots and other sites in accordance with the Zoning Codes or otherwise allowed by the approved preliminary plat;
I. Location and description of all monuments used or established in determining the boundaries, as well as those set at boundary corners, and the locations of street monuments which shall later be set by the developer.
J. Names of record owners of adjoining unplatted land;
K. Reference to recorded subdivision plats of adjoining platted land by record name, date, volume and page numbers as recorded;
L. Certification by surveyor or engineer preparing the plat, verifying the data shown thereon, and definitely identifying the lands proposed to be dedicated for public use, with proper dedicatory clauses as provided by law;
M. Certification of title showing that the applicant is the land owner;
N. Statement by owner dedicating streets, rights of way and any sites for public use and acceptance by Council;
O. Title, scale, north arrow and date;
P. Final approval paragraph for execution by the Planning Commission, with dates and the signature of the Chairperson and Secretary, and a paragraph for acceptance by Council, with the ordinance or resolution number, the date and the signature of the Council President and Clerk. Unless all of the improvements herein required in these Regulations have been installed, the clause reciting the approval of Council shall state clearly that the plat for record is approved by Council for record purposes only and that such approval does not constitute the acceptance for public use of any streets or other lands which the plat indicates shall be dedicated to such use.
(2) "As-Built" documentation showing the actual dimensions of the improvements constructed including;
A. Video tapes of all storm and sanitary sewers and their connections.
B. Plans and profiles of all storm and sanitary sewers showing locations of manholes; elevations of pipe inverts at manholes; and size, type and slope of all pipes.
C. A contour map showing the final elevations of all streets, sidewalks, rights-of-way, building pads and swales.
(3) A certificate by the City Engineer certifying that the developer has complied with one of the following alternatives:
A. All improvements have been installed in accordance with the requirements of these Regulations and with the action of the Planning Commission giving conditional approval of the preliminary plat; or
B. That the balance remaining in the construction agreement account is sufficient to complete the improvements.
(4) Protective covenants and deed restrictions subject to developers desired amenities and control in a form for recording; and
(5) Homeowners Association documentation including but not limited to Declaration of Covenants and Articles of Incorporation. A perpetual Homeowners Association is mandatory in any Subdivision where there exists any common area, private street(s), stormwater facility, landscape entrance or any other features requiring routine maintenance such as removal of debris, grass cutting, etc. The Homeowners Association Documentation shall address but not be limited to the following provisions:
A. Liability insurance coverage on any and all common areas;
B. All common areas, swales, stormwater facilities and any other facilities shall be inspected and maintained by the Homeowners Association twice yearly on May 1 and November 1 and periodically throughout the year to ensure that the facilities are operational. A written report shall be submitted to the Service Director;
C. Mandatory membership by all homeowners in the subdivision;
D. Mechanism for assessments and collection of unpaid assessments through liens.
E. Special restriction regarding any easements on land within the subdivision pursuant to Codified Ordinance 1481.07(g);
F. Provision requiring hiring of Property Manager to act in place of President of Board/or Board of Trustees if no property owner(s) fill the position(s).
G. The articles of incorporation or other formal document(s) created and filed with the Secretary of State establishing said Homeowners Association, shall designate the Homeowners Association as a perpetual organization which shall not be dissolved voluntarily until such time as the current Residential Zoning in place at the time of the establishment of the Homeowners Association is changed to a different use.
(6) Other data, certificates, affidavits, endorsements or deductions as may be required by the Planning Commission in the enforcement of these Regulations.
(d) Filing of final plat. The filing of the final plat for recording with the County Recorder shall be done by the City Engineer. All costs charged for recording shall be paid for by the developer.
(Ord. 1970-232. Passed 9-15-71; Ord. 98-114. Passed 9-1-98; Ord. 02-160. Passed 4-1-03; Ord. 10-82. Passed 7-6-10.)
1246.01 GENERAL STANDARDS.
The included design standards are intended as a guide to sound land planning, are for typical development conditions and are meant to supplement the standards provided in Chapter 1248. In all instances where the standards outlined in this chapter are more restrictive than the standards set forth in Chapter 1248, the standards set forth in this chapter shall apply. Conversely, if the standards set forth in Chapter 1248 are more restrictive, then they shall apply. Should there be unusual topographic or property problems, these standards may be modified to greater or lesser conformity at the discretion of the Planning Commission. In general, every subdivision shall conform to the requirements and purposes of the Master Plan or any part thereof, as adopted by the Planning Commission, the Zoning Code and other ordinances of the City of North Royalton.
(Ord. 1970-232. Passed 9-15-71; Ord. 98-114. Passed 9-1-98.)
1246.02 STREETS.
(a) Layout.
(1) The arrangement, character, extent, width and location of all streets shall conform to the most recently adopted Master Plan and shall be considered in their relation to existing and planned streets, to topographical conditions and to public convenience and safety, and in their appropriate relation to the proposed uses of the land to be served by such streets.
(2) The layout of proposed streets shall provide for the continuation of existing streets in surrounding areas and/or shall conform to a plan for the neighborhood approved by the Planning Commission in cases where topographical or other conditions preclude the continuation of existing streets. In general, such streets shall be of a width as great as that of the street so extended or wider if necessary to conform to existing regulations. Due consideration shall be given to traffic safety. Streets shall be laid out so as to discourage their use by through traffic.
(b) Major streets. Where the subdivision abuts or contains an existing or proposed major street, the Planning Commission may, at its discretion, require the construction of marginal access streets, double frontage of lots with provision of a planting screen contained in no-access reservation along the rear property lines, or other treatment which the said Commission considers essential to adequate protection of residential lots and to separation of through and local traffic.
(c) Private Streets. Private streets shall be permitted, when approved as part of a preliminary plat, with specific indication on the plat that no future application will be made for acceptance for dedication.
(d) Access to Property. Each residential lot within a subdivision shall be provided with a satisfactory means of access. Building permits shall not be issued for the construction of buildings within a subdivision which do not have access onto a street. There shall be no reserve strips controlling access to a street.
(e) Intersections. Intersecting streets shall be laid out so that the intersection angles approximate ninety degrees, but in no case shall the angle of intersection be less than sixty degrees. Streets convening at one point shall be reduced to the least practicable number.
(f) Visibility. No fence, wall structure, planting or topographic or grading arrangement shall be erected, established or maintained on any corner lot which will obstruct the view of a driver of a vehicle approaching the intersection, except that shade trees will be permitted where all branches are not less than eight feet above the road level. Such unobstructed corner shall mean a triangular area formed by the street property lines and a line connecting them at points thirty-five feet from the intersection of the street lines or, in the case of a rounded property corner, from the intersection of the street lines, produced along the subtangents of the curve to said point of intersection.
(g) Street Jogs. Street jogs with centerline offsets of less than 125 feet shall be avoided. Where streets intersect major streets, their alignment shall be continuous.
(Ord. 1970-232. Passed 9-15-71.)
(h) Cul-de-sacs. Where required for the full and best utilization of the property, cul-de-sacs may be utilized. Generally, the maximum permissible length of cul-de-sacs shall be 600 feet measured from the right-of-way line of the nearest intersecting street to the farthest point on the right of way of the cul-de-sac. Only in extreme cases shall a length greater than 600 feet be permitted. Each cul-de-sac shall be provided at its closed end with a turn-around having a diameter at the outside of the roadway pavement of at least ninety feet and a property line diameter of at least 120 feet. The remaining portion of the cul-de-sac shall have a right-of-way width of at least sixty feet. The straight portion of the right of way shall be joined to the circular portion of the right of way by circular curve radii of not less than fifty feet.
There shall be an unobstructed area at the closed end of the cul-de-sac of at least a length of fifty arc lineal feet or split by a driveway to include thirty feet plus thirty feet measured along the curb by the projected width toward the right-of-way. Obstructions such as hydrants, trees, mailboxes, sanitary pump stations, electrical access panels, communication access panels, driveway aprons, and all utilities that have above ground structures shall not be present within the unobstructed area. Minimum pavement diameter is ninety feet regardless of zoning.
(i) Stub Streets. Stub streets shall be permitted only in cases where the Planning Commission is of the opinion that there is a reasonable expectation that such streets will be extended to a suitable outlet when the adjacent property is platted. If the Commission permits the platting of stub streets with the expectation of such future expansion, the Commission shall determine whether the developer shall provide a temporary turn-around at the closed end of the street.
(j) Streets Names. Street names shall not be permitted which might cause confusion with names of existing streets in or near the City of North Royalton. Streets that will be continuations of existing streets shall be called by the same names as such existing streets. All names shall be approved by the Planning Commission.
(k) Building Lines and Setback Lines. Building lines shall conform to the requirements of the Zoning Code unless variations are approved as part of the preliminary plat.
(l) Right-of-Way Width. Minimum right-of-way width shall be sixty feet. Greater right-of-way widths for major streets as may be designated on the City's Master Plan may be required as necessary.
(m) Horizontal Alignment. The centerline of pavement shall coincide with the centerline of right of way, except for irregular right-of-way widths.
(n) Street Grades. Profiles shall be required on all streets at the discretion of the Planning Commission. The minimum gradient allowed shall be 0.4 percent with the maximum desirable grade of six percent. At the discretion of the City Engineer, where topography is such that a six percent grade cannot be provided, a steeper gradient may be permitted for short sections of street.
(o) Street Curvature. The minimum horizontal centerline radii of curved local streets shall be 200 feet. Greater radii may be required for principal streets having through traffic. A minimum fifty-foot tangent shall be introduced between reverse curves on streets of sixty-foot right of way. Greater tangents may be required on streets of greater right of way.
(p) Surface Drainage. The preferred plan for yard drainage shall provide for drainage away from the structure and from the rear of the lot to the front of the lot, with a minimum grade of one percent. Swales alongside of lot lines shall slope from the rear of the lot. Surface drainage which does not meet the above requirements will be allowed only upon justification of alternate designs approved by the City Engineer.
In the event that it is found to be essential to a project, a rear yard drainage easement may be provided. In this event, the rear yard grade shall be not less than one percent, and the grade from the house to the street shall be not less than one percent, with the building grade being not less than twelve inches above the street grade. Where rear yard easements are essential to the development of major portions of the project, the longitudinal grade of such an easement shall not be less than one percent and the length of run of said longitudinal easement shall not exceed 500 feet of continuous drainage with no more than 100 feet of said distance being upstream from any bend in the easement. Where required by the City Engineer, a drain sufficient in size to handle the runoff shall be provided for easement drainage. The depth of grade and outlet for said drain shall be subject to the City Engineers approval.
(q) Dimensions. The minimum right-of-way, pavement and sidewalk width, the type of curb and the thickness of pavement for all developments shall be in accordance with Section 1246.03. An illustration of right-of-way and street cross-section can be seen in the Appendix. The Planning Commission, may require streets wider than sixty feet whenever, in its judgment, provisions for public travel require wider streets, or whenever any plan for street development adopted by the Planning Commission or Council requires the establishment of streets of greater width.
(r) Existing Streets. When subdivision fronts on an existing street, for more than 100 feet, the abutting street section shall be upgraded to current standards in regard to width, curbs, gutters and edge drains (upgrading applies only to the subdivision side of the existing street).
(Ord. 1970-232. Passed 9-15-71; Ord. 98-114. Passed 9-1-98; Ord. 05-15. Passed 9-6-05.)
1246.03 SCHEDULE OF RIGHT-OF-WAY PAVEMENT, CURB AND SIDEWALK DIMENSIONS AND TYPES.
Pavement Details
Street Class | Min. Right of Way (ft.) | Back to Back of Curbs (ft.) | Type of Curbs | Pavement, Thickness and Type | Sidewalk Width (ft.) |
Public Streets | 60 | Min. 25 | Vertical | (Note 1) | 5 (Note 3) (Note 4) |
Local collector | 70 | 28 to 36 (Note 2) | Vertical | (Note 1) | 5 (Note 3) (Note 4) |
Collector | 80 | 36 to 40 | Vertical | (Note 1) | 5 or 7 when contiguous to a curb (Note 3) (Note 4) |
Industrial | 60 to 80 | 30 to 40 | Vertical | By Engineer | - |
Major arterial | 80 to 100 | 1 @ 50 2 @ 24 plus | Vertical | By Engineer | 5 or 7 when contiguous to a curb (Note 3) (Note 4) |
(See Appendix V for listing of Streets by Class)
(1) Pavement may be either concrete or asphalt meeting the State of Ohio Department of Transportation Construction and Material Specifications. Concrete pavement shall be 7" thick and shall be constructed in accordance with either O.D.O.T. Item 451 Reinforced Portland Cement Concrete Pavement Specification or O.D.O.T. Item 452 Non-Reinforced Portland Cement Concrete Pavement Specification, as determined by the City Engineer. Asphalt pavement shall be equivalent strength of concrete pavement. Asphalt pavement shall be minimum 1½" O.D.O.T. Item 448 Asphalt Concrete surface course on minimum 1½" O.D.O.T. Item 448 Asphalt Concrete intermediate course on minimum 7" O.D.O.T. Item 301 Asphalt Concrete Base base course. All pavement shall be constructed upon a minimum 4" compacted base of O.D.O.T. Item 304 Aggregate Base. All pavement subbase shall conform to O.D.O.T. Item 204 Subgrade Compaction and Proof Rolling and/or O.D.O.T. Supplemental Specification Item 804 Cement Stabilized Subgrade, as determined by the City Engineer. All pavement requires Portland cement concrete curb O.D.O.T. Item 609 Curbing, Concrete Medians, and Traffic Islands.
(2) Narrower width permitted only where there is no need for on-street parking, but not less than twenty-five feet.
(Ord. 1979-121. Passed 7-18-79; Ord. 98-114. Passed 9-1-98; Ord. 03-128. Passed 10-21-03; Ord. 08-43. Passed 6-3-08; Ord. 25-53. Passed 5-7-25.)
1246.04 EASEMENTS.
(a) The developer shall contact the City Engineer and the public utility company involved regarding the preferred location of utilities. In general, utilities will be placed in 10 foot wide easements along road rights of way. Where necessary, utility easements shall be required along rear or side property lines. These utility easements shall not be less than ten feet in total width. Utility easements 20 feet wide are permissible along rear property lines in cases where such rear property lines abut unplatted land.
(b) Drainage easements shall be provided which conform substantially with the lines of any natural watercourse, drainage ditch, channel or stream. Such easements shall be of adequate width as determined by the City Engineer for the particular conditions of the site. If within a public right of way the drain will be tiled and enclosed, unless by special permission of Planning Commission.
(c) Where a subdivision is traversed by a watercourse, drainage way, channel or stream, there shall be provided a storm water easement of drainage right of way conforming substantially with the lines of such watercourse, and such further width or construction, or both, as will be adequate for the purpose. Parallel streets or parkways may be required in connection therewith.
(Ord. 1970-232. Passed 9-15-71; Ord. 98-114. Passed 9-1-98.)
1246.05 LOTS.
The shape and orientation of lots shall be appropriate for the location of the subdivision and for the type of development and use contemplated. Lots shall be arranged as to permit a variety of house types, to provide side yards for desirable access, light, air, privacy and safety from fire hazards, to provide for setbacks from the street line and to allow sufficient space for household purposes.
(a) The lot width, depth, shape and orientation shall be appropriate for the location of the subdivision and for the type of development and use contemplated.
(b) Lot dimensions and building setback lines shall conform to the requirements of the Zoning Code for the respective use district.
Depth and width of properties reserved or laid out for commercial and industrial purposes shall be adequate to provide for the off-street service and parking facilities required by the type of use and development contemplated in accordance with the requirements of Chapter 1282 of the Zoning Code.
(c) The subdividing of the land shall be such as to provide each lot, by means of a public street, with satisfactory access to an existing public street.
(d) Double frontage and reverse frontage lots should be avoided except where essential to provide separation of residential development from traffic arteries or to overcome specific disadvantages of topography and orientation. A planting screen easement of at least ten feet, across which there shall be no right to access (Appendix), shall be provided along the line of lots abutting such a traffic artery or other disadvantageous use.
(e) Side lot lines shall be substantially at right angles or radial to street lines.
(Ord. 1970-232. Passed 9-15-71; Ord. 98-114. Passed 9-1-98.)
1246.06 USE.
(a) Control. No property shall be subdivided for residential use if such is unsuitable for building purposes.
(b) Conformity With Zoning Code. Property use and area restrictions must be at least in accordance with the minimum requirements of the Zoning Code.
(c) Business and Commercial Lots. Business or commercial lots, when platted, shall bear a reasonable relation to trade area or office space potential. The Planning Commission shall recommend the location of business and commercial lots in accordance with the Master Plan and the Zoning Code.
(d) Land Subject to Flooding. Any areas of land within the proposed subdivision which are subject to flooding or inundation by storm water shall be clearly shown on the final plat. Such land shall be governed by applicable state and federal regulations.
(Ord. 1970-232. Passed 9-15-71; Ord. 98-114. Passed 9-1-98.)
1246.07 UTILITIES.
(a) In all new residential subdivisions requiring the opening, widening, improvement or extension of any street, or the installation of any public improvement, electric, telephone and all other utility facilities shall be installed underground by the subdivider unless, upon the recommendation of the City Engineer, the Planning Commission determines that special conditions warrant overhead distribution systems.
(b) In all new subdivisions as described above:
(1) A copy of the preliminary plat of the subdivision shall be submitted by the developer to all utility companies serving the subdivision.
(2) Each developer shall sign separate agreements with each utility company defining in detail the responsibilities of the developer and each utility.
(3) 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 as required by the utility companies. (Said easements shall be recorded on the subdivision plat as private easements for public utilities.)
(4) Prior to receiving final approval of a subdivision plat, the developer shall have installed, or shall have furnished an adequate bond approved by the City Engineer and the utility company for the installation of, in accordance with the applicable regulations and requirements, 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;
(5) Installation of all underground service shall be in accordance with all applicable requirements and procedures of the particular utility and shall be approved by the City Engineer.
(6) 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.
(Ord. 1970-232. Passed 9-15-71; Ord. 98-114. Passed 9-1-98.)
1246.08 ALLOCATION OF AREAS FOR PUBLIC USE.
(a) In connection with the submission to the City Planning Commission of subdivision plans, due consideration shall be given by the owner thereof to the allocation of areas reasonably suitable for playgrounds or park or recreational areas to be dedicated or deeded to public use or to be reserved by covenants in deeds to the sub lots (Homeowners Association) thereof for the common use of all property owners within the proposed subdivision.
In determining such reasonable suitability, consideration shall be given to such factors as the topography of the area to be so allocated, the major physical characteristics of such area, the location thereof in relation to the remaining area of the subdivision, the shape of the area to be so allocated and other similar considerations relative to a determination of whether or not the area to be so allocated can be reasonably used for playgrounds or park or recreation areas. If the Commission, applying the standards set forth in this section, finds that the area to be so allocated for playgrounds or park and recreation areas is reasonably suitable for such uses, and if it further finds that the area to be so allocated is equal to or greater than the minimum area required by subsection (b) hereof to be dedicated or deeded for public park or recreational uses, the requirements of subsection (b) hereof shall not be applicable to such subdivision and there shall be no requirement that land must be dedicated or deeded for public park or recreational uses as a condition precedent to the approval of a subdivision by the Commission.
(b) In the interests of public safety, health and welfare, to provide proper open spaces for circulation of light and air and to avoid future congestion of population detrimental to the public safety, health and welfare, no subdivision plat shall be approved by the City Planning Commission, except as provided in subsections (b) and (c) hereof, until after deducting the area of such subdivision to be dedicated or deeded for public street, sidewalk or utility purposes, five percent of the balance of the area of such subdivision is dedicated or deeded to the City for public park or recreational uses, provided that the area to be so dedicated or deeded to the City for public park or recreational uses must be reasonably suitable, in the judgment of the Commission, for use as a public or recreational area. In determining such reasonable suitability, the Commission shall consider such factors as the topography of the area to be so dedicated or deeded, the major physical characteristics of such area, the location thereof in relation to the remaining area of the subdivision, the shape of the area to be so dedicated or deeded, and other similar considerations as in the judgment of the Commission are relative to a determination of whether or not the area to be so dedicated or deeded can reasonably be used for public park or recreational purposes.
(c) Notwithstanding the requirement of subsection (a) hereof, the City Planning Commission shall have authority to after public notice and hearing as provided in Section 1264 of the City Code, approve a subdivision plan wherein less than the minimum area required by subsection (a) hereof is dedicated to the City. In making such determination, the Commission shall consider such factors as the following:
(1) The aggregate area of the subdivision after deducting the area to be dedicated or deeded for public street, sidewalk or utility purposes;
(2) The topography of the subdivision;
(3) The major physical characteristics of the land within the area of the subdivision;
(4) The aggregate area of the subdivision, after deducting the area to be dedicated or deeded for public street, sidewalk or utility purposes, which can reasonably be developed for uses authorized under the Zoning Code;
(5) The uses which may be made of the proposed subdivision under the Zoning Code and the density of population which reasonably would result from such permitted uses;
(6) The proximity of existing public park or recreational areas and the likelihood that they would reasonably satisfy the need for public park and recreational areas within the proposed subdivision;
(7) Proposed deed restrictions and setback lines;
(8) Other exceptional conditions as in the judgment of the Commission are relative to a reasonable determination of the area of land to be dedicated to the City for public park and recreational uses; and
(9) Whether or not the refusal to approve a subdivision plan with less than the minimum area required to be dedicated or deeded to the City for public park or recreational uses would deprive the developer of the subdivision of substantial property rights.
(Ord. 1981-78. Passed 7-1-81.)
(d) Neither subsection (b) nor subsection (c) hereof shall apply in cases in which the subdivision (excluding phases) is an area less than three and one-half acres of unimproved land. In certain other cases, as determined by the Planning Commission, subdivisions may be of such a minimum area that it would be unreasonable under any circumstances to require any land therein to be dedicated or deeded to the City for public or recreational areas. In any case in which it is determined that subsection (b) or subsection (c) hereof does not apply, the developer, in lieu of setting aside lands for park and recreational purposes, shall deposit with the City monies in an amount equal to eight percent of the unimproved cash value of the land being subdivided. Such money shall be deposited in a special account for land acquisition and/or improvements for park and recreational purposes. The City Engineer shall be responsible for the collection of such monies. The owner shall submit to the City Engineer one current appraisal, performed by persons qualified by training and experience, which may be used to establish the unimproved cash value of the land, unless, within three years, the parcel has been transferred by sale or closing agreement, whichever is more recent. No subdivision plat may be approved or streets dedicated to public use until such monies are paid to the City.
(Ord. 92-234. Passed 12-15-92; Ord. 04-132. Passed 6-1-04.)
(e) In those cases where land is to be deeded or dedicated to the City, the proposed subdivision, the proposed streets of such subdivision shall not be dedicated to public use until the developer of such proposed subdivision delivers a good and sufficient warranty deed conveying title in such deeded land to the City free and clear of all liens, encumbrances, taxes and assessments, both general and special. The deed shall be recorded upon the acceptance of such streets for dedication and the issuance of a title guaranty in the amount of the value of the land, which title guaranty shall show good title in the City free and clear of all liens, encumbrances, taxes and assessments, both general and special, except zoning and building ordinances of record. All escrow fees, the recording fees and the cost of the title guaranty shall be paid by the developer.
(Ord. 1981-78. Passed 7-1-81; Ord. 98-114. Passed 9-1-98.)
1246.09 BLOCKS.
(a) The lengths, widths and shapes of blocks shall be determined with due regard to:
(1) Provision of adequate building sites suitable to the special needs of the type of use contemplated;
(2) Zoning requirements as to lot sizes and dimensions;
(3) Needs for convenient access, circulation, control and safety of street traffic; and
(4) Limitations and opportunities of topography.
(b) Block lengths in residential subdivisions shall not exceed 1,500 feet or be less than 400 feet.
(Ord. 1970-232. Passed 9-15-71; Ord. 98-114. Passed 9-1-98.)
1246.10 MONUMENTS.
Adequate monuments conforming to State Minimum Standards to indicate street lines shall be placed by the developer of the proposed subdivision at street intersections, at points of change in alignment, and at the ends of streets.
(Ord. 1970-232. Passed 9-15-71; Ord. 98-114. Passed 9-1-98.)
1246.11 STREET NAME SIGNS AND TRAFFIC CONTROL SIGNS.
(a) Street name signs shall be furnished and installed by the developer of the proposed subdivision. The letters and numerals shall be white and shall be four inches in size set on a green reflecting base six inches high. The signs shall be mounted at a minimum height of eight feet above the top of the curb. Placement of signs shall be in accordance with the Ohio Manual of Uniform Traffic Control Devices for Streets and Highways, promulgated by the Ohio Department of Transportation, as revised, and placed on diagonally opposite corners, on the far right-hand side of the intersection for traffic on the more important street, and as close to the corner as possible.
In addition thereto, a street directory shall be furnished and installed at the entrance of each subdivision by the developer of the proposed subdivision, setting forth all the names of the streets in the development. The size, shape and placement of said directory shall be subject to the approval of the Planning Commission.
(b) Traffic control signs shall be furnished and installed by the developer under the supervision of the Police Department in accordance with the Ohio Manual of Uniform Traffic Control Devices for Streets and Highways, promulgated by the Ohio Department of Transportation. The developer shall provide the necessary funds to cover the expense of said signs prior to final plat approval.
(Ord. 1986-53. Passed 6-4-86; Ord. 98-114. Passed 9-1-98.)
1246.12 CULVERTS, BRIDGES AND DRAINS.
(a) All culverts or bridges necessary within the limits of the streets to be dedicated, all box culverts and drainage necessary to carry surface drainage, and all of the work necessary in the intersections of the proposed street, including the repaving of such intersections and providing catch basins at such locations, shall be done by the developer of the proposed subdivision or land proposed for dedication and all to the satisfaction and approval of the Engineer.
(b) All surface water originating within the boundaries of the subdivision, and surface water originating outside the subdivision from a water shed not exceeding 100 acres, shall be conveyed to the appropriate discharge point in underground conduits unless existing open drainage courses are authorized to remain in their natural, undisturbed location and physical condition by the Planning Commission upon the recommendation of the City Engineer.
(Ord. 1970-232. Passed 9-15-71; Ord. 98-114. Passed 9-1-98.)
1246.13 ADOPTION OF SPECIFICATIONS FOR NONRESIDENTIAL ROADWAY PAVEMENT CONSTRUCTION.
(a) For the purpose of establishing standards and criteria for the construction of pavement in nonresidential districts, pavement may be either concrete or asphalt meeting the State of Ohio Department of Transportation Construction and Material Specifications. Concrete pavement shall be nine inches thick and shall be constructed in accordance with either O.D.O.T. Item 451 Reinforced Portland Cement Concrete Pavement Specification or O.D.O.T. Item 452 Non-Reinforced Portland Cement Concrete Pavement Specification, as determined by the City Engineer. Asphalt pavement shall be equivalent strength of concrete pavement. Asphalt pavement shall be a minimum two and one-half inches O.D.O.T. Item 448 Asphalt Concrete surface course on a minimum two and one-half inches O.D.O.T. Item 448 Asphalt Concrete intermediate course on a minimum seven inches O.D.O.T. Item 301 Asphalt Concrete Base base course. All pavement shall be constructed upon a minimum six inches compacted base of O.D.O.T. Item 304 Aggregate Base. All pavement subbase shall conform to O.D.O.T. Item 204 Subgrade Compaction and Proof Rolling and/or O.D.O.T. Supplemental Specification Item 804 Cement Stabilized Subgrade, as determined by the City Engineer. All pavement requires Portland cement concrete curb O.D.O.T. Item 609 Curbing, Concrete Medians, and Traffic Islands.
(b) Conflict of standards. In the event of a conflict between any of the provisions stated in subsection (a) hereof and any other city ordinance, the provision which establishes the higher or stricter standard shall prevail.
(Ord. 04-126. Passed 5-18-04.)
1246.14 DESIGN STANDARDS FOR ZONING DISTRICTS TCD-1 AND TCD-2.
(a) Purpose. Without limiting the generality of the Planning and Zoning Code, the City's interest in regulating the design of individual buildings and sites in the Town Center Districts, specifically TCD-1 and TCD-2, is determined in part by the extent to which they affect the public realm and the high quality character of the City. Council has determined, through adoption of the Master Plan, that the City desires an architectural theme in the buildings constructed in the Town Center, particularly in TCD-1 and TCD-2. As such, the City has established a goal to maintain a high quality of buildings, including but not limited to architectural quality and character. These Architectural Design Standards (“standards”) have been adopted in pursuit of these goals.
(b) Principles. Without limiting the generality of the Planning and Zoning Code, the purpose of these standards is to protect the character of North Royalton's TCD-1 and TCD-2 Zoning Districts and to preserve a high-quality built environment throughout the Town Center area. Six principles are listed below. These principles are a summary of the values that people in North Royalton found to be most important in establishing the character of the Town Center. These principles are policies that provide the foundation of both the standards and the architectural review process. The Planning Commission shall look upon these principles as a framework for making discretionary decisions.
(1) The creation and maintenance of the public realm takes precedence over individual buildings.
A. The public realm is that space occupied both in physical and visual terms by the public. It is created by such elements as the parts of the building that are visible from the street, the front yard, the sidewalk, street trees and lighting, and the street itself.
B. The Town Center, especially the TCD-1 and TCD-2 areas, will strongly influence the character of the City. These areas of the City have a very diverse architecture, the City expects the future development of these areas to be held together by a strongly defined public realm. The public realm will be clearly delineated by the consistency of higher density development, sidewalks and the shorter setback of buildings from the street. The rhythm of the buildings, the civic and institutional uses or structures provides another dimension of unity. The public realm in all areas of the Town Center needs to have similar delineation, although the particular dimensions and details are scaled to new kinds of buildings and lot patterns.
(2) Buildings shall maintain a high level of architectural quality. Architectural quality does not refer to specific style or details, but to the general level of composition, materials and design integrity. Quality building design is a complicated matter which needs to balance many competing requirements.
(3) The site plan and building shall respect the land and the environment in which they are placed. An attractive city takes advantage of its natural setting. Buildings should be sited to minimize regrading and to take advantage of natural features, including mature trees. For the most part, environmental issues are covered by the City's Planning and Zoning and Building Code.
(4) There shall be architectural variety within a defined framework. The Town Center District should display a high degree of variety in its buildings. The overall environment is nonetheless coherent because of the strength of the urban framework and a general uniformity of building scale. Variety within this coherent framework enriches the public realm.
(5) New buildings and alterations shall respect the existing context and framework. The design of any building shall be judged in reference to its site and the character of its surroundings, not as an independent object. The site plan for all new buildings shall be prepared with a clear understanding of the framework that exists or is being created in a particular area, through development standards, zoning and other regulations.
(6) Coordination with zoning and development standards. The normal process of review of new building projects will require the applicant to satisfy zoning and development standards prior to being reviewed by the Planning Commission. Applicants are advised to review the Planning and Zoning Code. Many issues of design, especially siting, landscaping, direction of approach and building orientation may be determined under prior review.
(c) Procedures; Approval and Discretion of the Planning Commission.
(1) Proposals which the Planning Commission determines comply with the standards shall be approved. Without limiting the discretion of the Planning Commission to make judgments rendered in accordance with these standards, in no case shall an applicant be required to make changes to a proposal which are not supported by these standards. The Planning Commission may offer additional advice and suggestions at its discretion; however, such advice shall be clearly stated as such.
(2) In making architectural review decisions, the Planning Commission shall rely on the standards and, where it is unclear that a project fulfills the standards, the Planning Commission shall refer to the principles enumerated in division (b) of this section.
(3) The Planning Commission may waive any requirement of these standards in order to approve a proposed project, if the Planning Commission finds that the project fulfills the six principles enumerated in division (b) of this section and meets one of the following conditions:
A. The project is an exceptional design, meaning that it is either especially creative or it is designed in response to unique situation, such as a very difficult site or an unusual program requirement.
B. Exceptional and unique conditions exist that create a practical difficulty in complying with the requirements of these standards. The Planning Commission should consider the factors enumerated in determining “practical difficulty” as defined in the Planning and Zoning Code.
(4) The Planning Commission shall review only those elements of the building which contribute to its exterior appearance, including the massing, roof, facade, siting of the building and landscaping. All sides of a building will be reviewed for compliance with these standards; however, the public faces of a building may be held to a higher standard. “Public faces” shall be defined as the front facade and the two sides adjoining the front facade.
(5) Elevations shall be designed to resemble 25-foot to 40-foot segments/bays. Segments/bays shall be in proportion to the size of the overall tenant and/or building. This includes all area from ground to top of roof/parapet. This includes both the vertical plane of the building as well as the horizontal plane.
(6) No more than one story difference in height shall be between any two neighboring building volumes/structures/bays. Building volume/structure/bays shall be in proportion to each other and with the entire building envelope. One story shall consist of a height not greater than 10 feet, or to the maximum of 15 feet at the discretion of the Planning Commission.
(7) Changes in material, color, roofline, profile, detailing and fenestration shall occur at all 25 to 40-foot segments/bays. This includes both the vertical plane of the building as well as the horizontal plane.
(8) Buildings that are designed to be longer than 80 feet shall also have changes in plan/ horizontal in the building as to not allow long flat elevations. Changes shall occur at a segment/bay change for a minimum of the entire segment/bay.
(9) Any structure or building that is to be phased shall have a bond large enough to complete unfinished end wall. This bond shall stay in effect until the phased project is completed or used to complete the unfinished work. All phased projects shall not go unfinished for more than two years. All unfinished areas to be finished with like materials matching existing building and must be approved by the Planning Commission before work is started.
(10) Exterior materials for TCD-1 and TCD-2. Listed are materials that will be allowed under limited use/amounts. Limitations shall be based on proportion of the building or structure, the segmented/bay areas, building heights and the overall scope of the building or structure.
A. E.I.F.S. material. Residential areas in TCD-1 and TCD-2 shall be permitted a larger proportion of this material with the approval of Planning Commission.
B. Stucco material. Residential areas in TCD-1 and TCD-2 shall be permitted a larger proportion of this material with the approval of Planning Commission.
C. Metal siding.
D. Metal panels.
(11) Materials not permitted in TCD-1 and TCD-2 areas:
A. Thin brick, or any material resembling true face brick.
B. Split face, other than as a base around a building or structure four feet or lower from grade.
C. Standard/painted/colored CMU.
D. Reflective glazing.
E. Glass block.
F. Vinyl siding. Residential areas in TCD-1 and TCD-2 may be permitted a proportion of this material with the approval of the Planning Commission.
(12) Lighting requirements.
A. Rear parking lots can utilize taller, more typical light poles.
B. Any parking lot visible from a main thoroughfare should emphasize a consistent lighting style throughout the development.
C. Main roads in TCD-1 and TCD-2 need to be lit with streetlights.
D. Use of sodium lamps is prohibited.
E. No parking lot lighting is to be mounted to buildings, with the exception of service alleys.
F. Ground lighting is not be used to highlight tenant display windows.
(13) Signs.
A. Streetpole-mounted environmental graphics are acceptable, but cannot be tenant-specific.
B. The downtown area developer must create and enforce tenant signage/graphics guidelines.
(14) Streets.
A. Designed per City code and, within the TCD-2 subdistrict, in accordance with the requirements outlined for new internal streets in Section 1281.16(e).
B. Any parking on a main street should be parallel parking only.
(15) Surface parking lots.
A. Surface lots should be small and strategically located to allow easy access to retail/office buildings, and not be conspicuous or the predominant focus.
B. The perimeter of surface lots should be screened with landscaping.
C. Lots should have landscape islands at the beginning and end of the parking bays.
D. Landscape islands should also be located throughout the lot (i.e., no more than 20 contiguous spaces without a landscape island).
E. Landscape islands in the parking lots should be at least 100 square feet.
(16) Parking structures.
A. Parking structures should be inconspicuous, approved materials for facades, should complement surrounding buildings.
B. Kneewalls are required for parking structures located within TCD-1 and TCD–2.
(17) Trees.
A. A tree master plan should be developed for the entire site showing year-round interest.
B. Street tree plantings shall follow the requirements outlined in Section 1281.15(c).
C. Spacing of street trees should be no greater than 30 feet on center, with consideration given to specific tree character and growth pattern.
(18) Walks/hardscape.
A. Next to retail/office buildings within a TCD-2 development, the pedestrian walks should meet the requirements outlined for new internal streets in Section 1281.16(e).
B. Between the street curb and the pedestrian walks within a TCD-2 development, a landscape/hardscape zone should meet the requirements outlined for new internal streets in Section 1281.16(e) and alternately include any landscape plantings, site furnishing items, and have a minimal of 10% varied materials, color or finish.
(19) Site furnishings. Site furnishings including outdoor seating, trash receptacles, smoking urns, telephone booths, mailboxes, light poles, bicycle racks, public space bollards, etc., must be uniform and fit the character of the buildings. No plastic or fiberglass should be used.
(Ord. 06-89. Passed 11-8-06; Ord. 13-152. Passed 2-4-14; Ord. 24-116. Passed 10-1-24.)
1248.01 SUBDIVISION IMPROVEMENTS REQUIRED BEFORE FINAL APPROVAL.
Before approval will be given upon any final plat for record, the following improvements must be installed in the subdivision shown on such plat:
(a) Water mains must be installed, together with all necessary appurtenances, such as hydrant valves and curb connections, at each lot within the subdivision, all meeting the approval of the Cleveland Water Department and the City Engineer.
(b) Storm sewers, together with all necessary appurtenances and curb connections, for each lot in such subdivision shall be designed and installed in accordance with minimum standards adopted therefor and provide adequate storm water facilities for the drainage of the streets, the lot fronting thereon, and the natural drainage intercepted by such street.
(c) Sanitary sewers, together with all necessary appurtenances and curb connections, for each lot in such subdivision shall be designed and installed in accordance with the minimum standards adopted therefor. Where Municipal sanitary sewer facilities are not available and accessible, the developer may construct and install on-lot sewage treatment systems, provided such systems are approved by the Health Department and/or the Ohio EPA. The approval by the City Engineer and his or her decision deeming the sewers necessary shall be based upon a determination of the adequacy of the proposed facilities relative to the natural contours and topography of the area, the proposed population density of the subdivision and the effect of the facilities upon abutting and adjacent properties and upon the public health, safety and welfare of the entire Municipality. In accordance with Section 1045.28 of the North Royalton Codified Ordinances, all sanitary sewage shall be conveyed to City Treatment Facilities unless otherwise authorized by Council.
(d) All sewers, excluding house laterals, must be installed in dedicated streets or in easements granted to the Municipality, in legal form satisfactory to the City Law Director; have proper size, slope and material type as approved by the City Engineer; serve all accessible lots and lands in the subdivision; and go to the boundaries of the subdivision.
(e) All required basins, whether retention or detention, shall be constructed upon separately developed and individually designated permanent parcels allocated solely for that purpose and none other, owned by the homeowners' association in perpetuity as common property, maintained by the homeowners' association as required by law, accessible by proximity to a publicly designated right- of-way or having a clearly defined and recorded easement in favor of the homeowners' association and the City for access thereto for maintenance; the declaration and bylaws shall fully incorporate these provisions which shall be held inviolate and run with the land and bind the homeowners' association as a formal condition of municipal approval. The top of bank of each required basin shall be set back from the property line a minimum of twelve inches to allow for maintenance access.
(f) In all developments involving parcels designated for single family style occupancy, R1-A and R1-B, a storm water catch basin and corresponding storm lateral SHALL be installed in an appropriate location in the yard of the lot for the express purpose of draining storm water from that lot; all declarations and bylaws created for any such development shall clearly indicate that the burden for the maintenance of such catch basin and lateral is the sole responsibility of the owner of the lot enforceable by the homeowners' association; in the event of the failure of the homeowners' association to enforce said provisions, the City may bring an action to enforce these provisions. All costs incurred including attorney fees shall be borne by the offending property owner and the court is authorized to assess these costs to the property owner and in favor of the City in the event that the owner is found to have failed to maintain the facility as required herein,
(g) Sidewalk dimensions shall be as specified in Section 1246.03.
(h) Streets shall be improved as follows:
(1) Pavement widths and roadway pavements for major and secondary thoroughfares, minor streets and marginal access streets shall be as required by the City Engineer and stipulated in the Zoning Code.
(2) Grading and centerline gradients shall be as per plans and profiles approved by the City Engineer.
(3) Curbs and gutters shall be provided in accordance with details and specifications prescribed by the City Engineer.
(Ord. 1970-232. Passed 9-15-71; Ord. 98-114. Passed 9-1-98; Ord. 05-183. Passed 11-8-06; Ord. 22-47. Passed 3-15-22; Ord. 25-54. Passed 5-7-25.)
1248.02 REQUIRED SUBMISSION AND APPROVAL OF PLANS AND SPECIFICATIONS.
(a) Separate plans and specifications, including all necessary details, profiles and cross-sections for each improvement specified in Section 1248.01, must be submitted to the City Engineer and approval must be obtained thereon after conditional approval of the preliminary plat and prior to the installation or construction of each such improvement and prior to any action of the Planning Commission or Council to approve the final plat for record.
(b) No subdivision shall be constructed in phases until the grading and improvement plans for the entire subdivision have been approved by the City Engineer.
(c) All plans and specifications must have been prepared by a registered professional engineer on mylar or an equivalent, upon sheets measuring twenty-four inches in width and thirty-six inches in length to scale, with the signature and seal of the registered engineer affixed thereto. If the plans and specifications submitted to the City Engineer show compliance with the minimum standards and with the other requirements of these Regulations, and with the conditionally approved preliminary plat for the subdivision, the City Engineer shall approve such plans and specifications.
(d) The minimum requirements for submission for approval by the City Engineer shall contain the following details in addition to standard improvement plans:
(1) Existing contours of the subdivision and surrounding area;
(2) Proposed contours of the entire subdivision. (This shall include contours of the entire subdivision after houses are built, not just the mass grading to install the improvements.)
(3) Any spot elevations that are important;
(4) Required swales and yard basins. (There shall be required one catch basin for approximately every one acre of rear yard drainage, and at all places deemed necessary by the City Engineer.)
(5) All surface drainage in a development. The installation of swales and/or sewers to receive surface drainage shall be so indicated along with any required easements, such system(s) to include, if necessary, any surrounding areas outside the proposed development.
(6) Proposed garage floor elevations or finished grade elevations;
(7) Arrows to indicate direction of flow of surface drainage;
(8) A separate drawing submitted to show areas that are wooded areas and that are intended to remain as such;
(9) A scale of one inch equals fifty feet;
(10) Maximum grades of ten percent on driveways. Special consideration to warrant a steeper grade shall require the approval of the City Engineer.
(e) Plans for Storm Water Control and Soil Erosion Control as required in Section 1481 and a permit from the Ohio EPA.
(f) Supplemental data required by the City Engineer to review the grading and improvement plans shall be submitted, such as drainage area maps, storm and sanitary and drainage design calculations, calculations showing ability of receiving points for storm drainage to handle upstream development, and any other studies that may be required relative to the feasibility of the design.
(Ord. 1979-121. Passed 7-18-79; Ord. 98-114. Passed 9-1-98.)
1248.03 RECORD PLAT APPROVAL WHEN NOT ALL IMPROVEMENTS INSTALLED.
No plat for record shall be approved for record purposes until the City Engineer certifies that all of the improvements required by Section 1248.01 have been installed in the streets shown on the plat in accordance with the requirements of these Regulations, and until the preliminary plat, plans and specifications have been approved in accordance with Section 1248.02. Should it not be desirable or possible to install the improvements, prior to the submission of the final plat to the Planning Commission and Council for approval, then such plat may nevertheless be approved for record purposes, by a majority vote of the members of Council elected and thereto, but not for the purposes of accepting the dedication of any streets thereon, after the aforesaid certification of the City Engineer as to the required water and sewer installations.
(Ord. 1970-232. Passed 9-15-71; Ord. 98-114. Passed 9-1-98; Ord. 04-133. Passed 6-1-04.)
1248.04 APPROVAL OF PLANNING COMMISSION REQUIRED.
No final plat for record or dedication shall be accepted by Council until it has been finally approved by the Planning Commission. There will be no charge for the approval of a final plat by the Planning Commission if the charge for conditional approval has been paid. If the Planning Commission disapproves a preliminary plat, no further action by any officer or by the Council shall be necessary to make such disapproval final.
(Ord. 1970-232. Passed 9-15-71; Ord. 98-114. Passed 9-1-98.)
1248.05 COUNCIL APPROVAL OF PLAT FOR RECORD.
The final plat for record, when approved by the Council, shall have such approval endorsed thereon, and when approval has only been given pursuant to Section 1248.03 for such plat to be recorded for record purposes and not for dedication, the approval endorsed thereon shall so state. The final plat for record, after the appropriate approval of the Council has been endorsed thereon, shall be filed by the developer at the County Recorders Office. All fees required in connection with the recording of such map or plat shall be paid by the developer causing the same to be made.
(Ord. 1970-232. Passed 9-15-71; Ord. 98-114. Passed 9-1-98.)
1248.06 COUNCIL ACCEPTANCE OF DEDICATION; TITLE INSURANCE; GUARANTEEING FUNDS FOR UNFINISHED IMPROVEMENTS.
(a) After a plat for record has been approved for record purposes only and has been so recorded, and after all of the specified improvements have been completed to the satisfaction of Council, acting upon the advice of the City Engineer that such improvements have been constructed in accordance with the plans and specifications approved by him or her, Council may enact an ordinance accepting the dedication of the streets, roads, parks, playgrounds and other public places shown thereon and thereafter cause to be entered upon such plat appropriate clauses evidencing the acceptance of dedication.
(b) Any acceptance by the Municipality of the dedication of streets, roads, parks and playgrounds and other public places shall, however, be conditioned upon the developer furnishing to the Municipality, thirty days prior to the acceptance of dedication, title insurance in the amount of at least one thousand dollars ($1,000) in form meeting the approval of the City Law Director, covering all lands to be dedicated to public use and showing title to the same to be in the Municipality free and clear of any easements, taxes, liens, assessments or other encumbrances of any kind whatsoever, except the easements required by these Regulations. In the event that the lands to be dedicated include lands to be used for other than street purposes, the amount of insurance shall be such as in the opinion of Council will adequately insure the Municipality against possible defects in the title thereof. Such title insurance shall be furnished before the clauses are entered upon the recorded plat to evidence the acceptance of such dedication. There shall also be deposited with the Municipality such sum as shall be required to pay any existing taxes, liens or other assessments which are a lien upon any lands to be dedicated. Preliminary evidence of title may, upon recommendation of the City Engineer or Law Director, be required before the preliminary plat is approved by the Planning Commission.
(c) If all improvements required by Section 1248.01 have not been installed at the time of dedication, Council may proceed with the acceptance of dedication by permitting one of the following procedures with respect to these unfinished improvements:
(1) When, after approval by a majority vote of all the members of Council elected thereto, funds in an amount deemed by the Engineer sufficient to pay the cost and expense of all improvements not installed, are placed on deposit with the municipality for the purpose of the installation of such improvements by the municipality at such time and in such manner as the Council may determine, or for the purpose of the installation of such improvements by the owner, subdivider or agent at such time and in such manner as provided in an escrow agreement executed by the owner, subdivider or agent, in a form satisfactory to the City Law Director and approved by Council.
(2) When, after approval by a majority vote of all the members of Council elected thereto, there has been provided to the City Engineer a written agreement of any bank or savings and loan institution, the main office of which is situated in Cuyahoga County, which agreement is executed by an officer of the bank or savings and loan institution, and by the owner, subdivider or agent, and contains the following assurances, guarantees, commitments and other terms and conditions:
A. That there are on deposit in such bank or savings and loan institution, in an escrow account, funds in an amount deemed by the Engineer sufficient to pay the cost and expense of installing all of such improvements;
B. That the bank or savings and loan institution will act as sole disbursing agent for the funds and will, upon receipt of appropriate certificates of completion furnished by the City Engineer, have the sole responsibility for and will pay directly all just bills for services or materials in connection with the installation of such improvements submitted to it by any contractor, subcontractor or materialman. It shall be understood that the responsibility of engaging such contractors, subcontractors and materialmen is that of the owner, subdivider or agent, and not that of the Municipality or the bank or savings and loan institution.
C. Such other terms and conditions as shall be required by the City Law Director or the Council, not inconsistent with the above, in order to properly safeguard the Municipality and the inhabitants thereof from litigation and to insure the prompt, complete and correct installation of such improvements.
(3) When, after approval by a majority vote of all the members of Council elected thereto, the subdivider, owner or agent has posted with the City Engineer a bond, with a compensated surety company as surety, which bond shall assure the completion of the installation of the necessary improvements within the time fixed by Council, in an amount sufficient to pay the cost and expense of installing such improvements as estimated by the City Engineer, and which bond shall be in such form as the City Law Director approves.
(Ord. 1970-232. Passed 9-15-71; Ord. 98-114. Passed 9-1-98; Ord. 04-133. Passed 6-1-04.)
1248.07 CONDITIONS FOR ISSUANCE OF BUILDING PERMITS.
No building permit shall be issued by the Building Commissioner for any lot in the subdivision prior to the completion of the following:
(a) Completion and acceptance of all street improvements specified in Section 1248.01, including all underground utility installations;
(b) Compliance with the terms of the construction agreement as required in Section 1242.02.
(c) The erection of all street signs; and
(d) The acceptance and dedication of the street.
(Ord. 1970-232. Passed 9-15-71; Ord. 98-114. Passed 9-1-98.)
1248.08 MAINTENANCE GUARANTEE.
(a) The developer shall submit to the City Engineer at the time of acceptance of dedication a contractor's bond equal to 10% for warranty and maintenance of the improvements for 2 years from and after the date of acceptance of dedication.
(b) These funds are to be used by the City where, at the discretion of the City Engineer, any defect with the improvements is discovered to the public improvements during the warranty period and the contractor fails to make immediate and necessary repairs.
(c) The developer shall deposit a cash bond equal to 5% of the total cost of the public improvements installed as part of approved subdivision plans. The bond funds shall be used for the cost of repairing any defects in the improvements not covered by the 10% contractors bond.
(d) This cash bond shall remain in place until 90% of the subdivision building lots have been completed with residences, but no later than 2 years from dedication, after inspection and approval of the City Engineer, said 2 year period being defined in subsection (a) hereof.
(e) In the event the inspection by the City is not approved by the City Engineer, the cash bond shall remain in place for an additional year, renewable annually, until all deficiencies have been corrected or repaired at Developer's cost as determined by the City Engineer.
(Ord. 98-114. Passed 9-1-98; Ord. 04-133. Passed 6-1-04; Ord. 10-42. Passed 3-16-10; Ord. 11-82. Passed 7-19-11.)