Olmsted Falls City Zoning Code

TITLE FOUR

Subdivision Regulations

CHAPTER 1228 Improvements (Repealed)

EDITOR’S NOTE: Ordinance 76, 2005, accepts the proposed improvement standards, formerly Chapter 1228 of the Planning and Zoning Code, including Part I Grading and Drainage, Part II Streets, Part III Street Trees and Screening, Part IV Communication and Street Lights, Part V Gas and Fuel Service, Part VI Sanitary Sewer and Water Service, Part VII Monuments, Part VIII Construction Regulations, Definitions, S Forms and Explanatory Figures and repeals all ordinances inconsistent therewith. Copies are on file with the Clerk of Council.

1224.01 PURPOSE.

The provisions of this chapter are established to achieve effective, efficient, and uniform administration of these Subdivision Regulations.

(Ord. 24-97. Passed 10-14-97.)

1224.02 PROCEDURE FOR APPROVAL OF MINOR SUBDIVISIONS OR OF A COMBINATION OR REALIGNMENT OF LOTS.

No minor subdivision or combination or realignment of lots shall be recorded prior to Planning Commission approval. The procedure for such approval is as follows:

(a) Definitions. As used in this section:

(1) A minor subdivision is the subdivision of a parcel of land which abuts an existing public street, and which does not involve the opening, widening, or extension of any street, and which does not include more than five lots after the original parcel has been completely subdivided. A lot split in which one parcel is split into two parcels is considered a minor subdivision.

(2) A lot combination means the joining of two or more lots into one lot or parcel.

(3) Lot realignment means an alteration of the boundaries between or among existing lots that does not result in an increase in the number of lots.

(b) Application. An application for approval of a minor subdivision or a combination or realignment of lots shall include the following items, with the number of copies as determined by the Zoning Administrator:

(1) An application for approval of a minor subdivision or combination or realignment of lots (Form S-1) certified by the developer along with the required filing fee and review deposit;

(2) A sketch plan at a scale of one inch equals fifty feet, showing:

A. Original lot and parcel number;

B. Names, addresses, and telephone numbers of owners and subdivider;

C. Sketch of parcel(s) proposed to be subdivided showing bearings and distances and all contiguous land of same ownership and land within 100 feet therefrom, all based on available record data; and

D. Existing zoning districts, lot size and yard requirements, and proof of any variance or special exceptions which may have been granted, or deed restrictions.

(3) If this is an application for a minor subdivision, the applicant shall also include:

A. A sketch plan of the existing streets, utilities, easements, and other conditions on or within 100 feet of the proposed subdivision, such as watercourses, marshes, structures, or other significant features; and

B. A statement and sketch of how sewage disposal and water supply will be provided. (Ord. 24-97. Passed 10-14-97.)

C. Before any construction on, or clearing of, the property, a Tree Protection and Management Plan shall be submitted pursuant to Chapter 1218. In addition, if, at any time, one or more of the lots is to have a structure built upon it for other than single-family detached dwellings, then a Development Plan pursuant to Section 1232.06(a) shall be provided.

(c) Referral. Upon receipt of a complete application, the Zoning Administrator shall place it on the agenda of the next regular Planning Commission meeting that is more than ten days from the Zoning Administrator’s receipt of the application. The filing date of the application shall be the date of the meeting.

If a TP&M Plan and/or Screening Plan and Landscaping Plan have been required, they shall be referred to the City Arborist, Shade Tree Commission (for street areas and/or public property), and the ABR [see 1206.04(b)(4)] for comment and action as appropriate. (Ord. 75-2005. Passed 10-11-05.)

(d) Engineer's Report. Prior to Commission action, the Commission shall require the Engineer to certify his or her findings on Form S-1 and return it to the Secretary.

(e) Commission Action. Following a review of the application and the Engineer's report, the Commission shall, at or before the next meeting following the filing meeting, approve, conditionally approve, or disapprove the application. The Secretary shall certify the action on Form S-1 and forward it to the Zoning Administrator for return to the developer. Approval shall be granted if:

(1) The parcel to be subdivided abuts a public street and does not involve the opening, widening, or extension of any street;

(2) Not more than five lots will be included after the original parcel has been completely subdivided; or

(3) The subdivision conforms to these Subdivision Regulations, the Zoning Code, other applicable Municipal, County, and State law, and the Comprehensive Plan.

(f) Plat Submission. Following Commission approval of a minor subdivision, the developer shall submit a plat thereof to the Zoning Administrator, or the Engineer as appropriate.

(1) Plat requirements. The plat shall be prepared by a professional surveyor at a scale of one inch equals fifty feet and shall include the following:

A. Original lot and parcel number;

B. Boundary line survey and control points showing all dimensions, angles, and bearings to control points; and

C. Building setback lines accurately shown with dimensions.

(2) Plat certification. If the Zoning Administrator, or the Engineer as appropriate, finds that the plat conforms to the approved subdivision, he or she shall certify approval on Form S-1 and on the original tracing of the plat. Following recording, the developer shall furnish the Zoning Administrator with a duplicate linen or mylar tracing at no cost to the City. Planning Commission approval of a minor subdivision or a combination or realignment of lots shall become void after 120 days if the approved subdivision has not been recorded by the County Recorder. At any point in the process outlined in this section, the Zoning Administrator may, if he or she deems it necessary, request the assistance of the Engineer to accomplish the certification called for in this section.

(3) Waiver of standards. Whenever the Planning Commission, in reviewing an application for minor subdivision approval, determines that the strict enforcement of standards for curbs and gutters, sidewalks, or other improvements specified in improvement standards would be unreasonable or unfeasible, it may, by majority action, waive such requirements as it deems necessary.

A. Such actions may include requirements for improvements in a minor subdivision which are located so as to preclude timely connection with similar existing improvements. The Zoning Administrator or the Engineer shall recommend such waiver of improvements if his or her studies indicate the necessity or desirability of such waiver. Such waiver action by the Planning Commission shall be so noted on the final record plat.

B. No such action shall be taken which would impair the objectives of these Subdivision Regulations, the Zoning Code, or other applicable ordinances of the City.

(Ord. 24-97. Passed 10-14-97; Ord. 89-99. Passed 12-14-99.)

1224.03 ACTION ON MAJOR SUBDIVISIONS.

The steps to approval of a major subdivision are summarized in this section. The specific requirements involved in each of these steps are set forth in Sections 1224.04 through 1224.12. In the event there is a discrepancy between the summary below and the specific requirements set forth in Sections 1224.04 through 1224.12, the provisions in the individual sections shall govern.

(a) Informal discussion with the Planning Commission.

(b) Preliminary plat is submitted to Planning Commission via the Zoning Administrator. Preliminary plat approval by the Planning Commission after critical review by the Engineer, the Planning Consultant, the Architectural Review Board (ARB), and appropriate City departments.

(c) The preliminary plat, as approved by the Planning Commission, is forwarded to Council for its concurrence. If Council does not act within thirty days, the preliminary plat will be considered to have been approved by Council. Council by a two-thirds vote may disapprove the preliminary plat and return it to the Planning Commission for modification.

(d) Improvement plan approved by the Engineer and the Law Director, and submitted to the Planning Commission with final plat (will include cost estimate from the Engineer as a basis for the performance bond).

(e) Final plat approved by the Planning Commission. The Zoning Administrator inform the Finance Director of the Planning Commission’s action and of the Engineer’s cost estimate for improvements.

(f) The developer posts bond to guarantee completion of the improvements. The plat is filed with the County Recorder.

(g) Construction of all improvements except sidewalks, street light fixtures, tree lawns, and planting of trees. (Performance bond posted to ensure their completion.)

(h) All completed improvements documented by the Engineer as being completed with sufficient bond remaining to insure completion of remaining improvements.

(i) Dedication, by Council, of all public lands and streets.

(j) Building permits issued. Remaining improvements not completed in subsection (g) hereof to be completed before occupancy permits are issued.

(Ord. 24-97. Passed 10-14-97; Ord. 75-2005. Passed 10-11-05.)

1224.04 INFORMAL DISCUSSION.

(a) Following the submission of a sketch plan of a major subdivision, and prior to application for preliminary plan approval, the developer shall consult with the Zoning Administrator, the Engineer, and applicable health departments and sanitary engineers to become familiar with plans and regulations affecting the proposed subdivision.

(b) The developer shall appear at a regular Planning Commission meeting to discuss the proposed subdivision. Upon review of the sketch plan, the Commission shall determine whether or not the subdivision is in keeping with these Subdivision Regulations, the Zoning Code, other applicable Municipal, County, and State laws, and the Comprehensive Plan. If necessary, the Commission shall make recommendations which shall be incorporated in the preliminary plat of the subdivision. If the developer contemplates dividing the proposed subdivision into two or more phases, such phasing, together with a time schedule therefor, shall be submitted with the sketch plan. If the proposed project is part of, or associated with, a planned development, the developer shall disclose the manner in which he or she proposes to submit the planned development; either simultaneously with or subsequent to the procedures for the subdivision.

(Ord. 24-97. Passed 10-14-97; Ord. 75-2005. Passed 10-11-05.)

1224.05 PROCEDURE FOR PRELIMINARY PLAT APPROVAL.

The developer shall have 120 days after the date of the last informal discussion in which to make application for preliminary plat approval. The procedure for such approval is as follows:

(a) Application. Applications for preliminary plat approval shall include the following items, along with the number of copies determined by the Zoning Administrator:

(1) The Application for Preliminary Plat Approval (Form S-2) certified by the developer, along with the required filing fee and review deposit;

(2) The preliminary plat drawn by a professional surveyor or engineer at a scale of one inch equals 100 feet, indicating the following:

A. Subdivision name, original lot and parcel number;

B. Names, addresses, and telephone numbers of owners, subdivider, and professional surveyor or engineer;

C. Existing data, including:

1. Survey plat showing bearings and distances based on available record data;

2. Easements: location, width, and purpose;

3. Streets on and adjacent to the subdivision: names, location, right of way and roadway width, and planned highways or other major improvements planned by public authorities for future construction on or near the subdivision, including journalized routes for highways;

4. Utilities on and adjacent to the subdivision: location, size, and invert elevations of sanitary and storm sewers; location and size of water mains and fire hydrants. If water mains and/or sewers and culverts are not on or adjacent to the tract, the direction and distance to and size of nearest ones shall be indicated, showing invert elevation of sewers and culverts.

5. Ground elevations on the subdivision and contours with an interval of not more than five feet if ground slope is in excess of four percent and two feet if ground slope is less than four percent;

6. Conditions on the subdivision such as subsurface conditions, watercourses and areas subject to flooding, marshes, rock outcroppings, wooded areas, trees having a caliper of one foot or more, and any structures or other significant features;

7. Conditions on adjacent land within 200 feet of the subdivision boundaries, such as approximate direction and gradient of ground slope, including any embankments or retaining walls, the location and type of structures, tree lines, power lines and towers, other nearby nonresidential land uses, and owners of adjacent unplatted land (for adjacent platted land refer to subdivision plat by name, plat book and pages); and

8. Existing zoning districts, lot size and yard requirements, and proof of any variances or special exceptions which may have been granted, or deed restrictions;

D. Proposals, including:

1. Proposed streets (indicate each street by a letter except where the street is a continuation of an existing street), right-of-way widths, approximate grades, and improvements;

2. Proposed utility rights-of-way and easements: location, width, and purpose;

3. Lot numbers and dimensions and area of irregular lots in square feet (Final lot numbers will be approved by the City Engineer prior to recording);

4. Minimum building setback lines;

5. Land parcels within subdivisions not to be divided into lots;

6. Public sites reserved or dedicated for open space or other public uses;

7. Sites for uses other than one-family lots, such as open space, churches and shopping facilities;

8. Total site data, including acreage, number of residential lots, typical lot size, and area of open space and other public uses;

9. A plan showing proposed topography; and

10. A Tree Preservation and Maintenance Plan, pursuant to Chapter 1218, as well as a landscaping plan. These plans shall include, for the public right-of-ways within or adjacent to the proposed subdivision, a description of (1) all existing trees indicating which ones are proposed to be removed and which are proposed to be retained and (2) all proposed new trees. The information provided shall include the species and sizes to be used, spacing, the distance from curbs, street intersections, private driveways and street lights, and the minimum size and height to the lower branch. The Landscaping plan shall be in accordance with the objectives of Policy No. 29 (January, 1964) of the American Society of Landscape Architects, as amended.

11. If the Preliminary Plan is for a subdivision that will include or consist of structures other than detached single-family dwellings, a Development Plan pursuant to Section 1232.06 shall be provided for review in parallel with the Preliminary Plan. If, at any later time, one or more of the parcels is to have a structure other than a single-family detached dwelling built upon it, a Development Plan pursuant to Section 1232.06(a) shall be provided.

E. If the construction of the subdivision is to be completed in two or more phases, the manner in which the subdivision is to be phased shall be indicated; and

F. Other information deemed necessary by the Planning Commission or the City Engineer; and

(3) Five copies of a vicinity map at a scale of one inch equals 1,000 feet, showing the relationship of the proposed subdivision to the surrounding vicinity, and:

A. Subdivision name, original lot and parcel number; and

B. Existing and proposed arterial and collector streets, shopping facilities, open space, and community facilities.

(b) Referral. Upon receipt of a complete application, the Zoning Administrator shall:

(1) Forward one copy each to the Engineer, the Planning Consultant, the Architectural Board of Review, the Shade Tree Commission, the City Arborist, all appropriate City departments (e.g. Building, Fire, Safety and Service), and to the Clerk of Council (inviting informal review and comment by the members of Council); and

(c) Engineer’s Report. Prior to Commission action, the Engineer shall certify his or her findings on Form S-2 and return it to the Zoning Administrator for transmittal to the Planning Commission.

(d) Shade Tree Action. Shade Tree shall review plans requiring street trees per Section 1224.06(a)(2)I.

(e) Commission Action. The Commission shall, within 30 days after the filing date, approve, conditionally approve, or disapprove the application. The Commission will have considered input from the Engineer, the Planning Consultant, the various appropriate City departments, the Shade Tree Commission, the City Arborist, and the Architectural Board of Review. The Secretary shall certify the action on Form S-2 and return it to the Zoning Administrator for distribution to the developer.

(f) Concurrence of Council. The preliminary plat approved by the Commission shall be forwarded by the Zoning Administrator to the Clerk of Council requesting Council concurrence in the plan. Council may concur in the plan by a simple majority vote, or, by a two-thirds vote of its members, may return the plan to the Commission for correction or alteration of specific features identified by Council. Failure of Council to act within thirty days of the receipt of the plan by the Clerk shall constitute Council concurrence with the preliminary plat.

(Ord. 75-2005. Passed 10-11-05.)

(g) Effect of Approval. Approval of a preliminary plat shall not imply acceptance of dedication or entitle the developer to record the plat. Approval shall become void after one year if a final plat of the entire subdivision or a portion thereof has not been approved by the Commission and recorded by the County Recorder. Preliminary plat approval shall remain in effect so long as the developer presents every year thereafter final plats for portions thereof which comply substantially with phases of the subdivision approved by the Commission when the preliminary plat was approved.

(Ord. 24-97. Passed 10-14-97.)

1224.06 PROCEDURE FOR IMPROVEMENT PLAN APPROVAL.

No improvement of any subdivision shall commence, and no final plat of the subdivision shall be approved, prior to certification by the Engineer of approval of improvement plans and approval by the Planning Commission. The procedure for such approval is as follows:

(a) Application. Applications for improvement plan approval shall be submitted to the Zoning Administrator who shall then forward them to the Engineer. Applications shall include:

(1) Two copies of the Application for Improvement Plan Approval. (Form S-3) certified by the developer along with the required review deposit; and

(2) The improvement plans drawn in ink on tracing cloth or mylar by a professional engineer with two sets of identical prints showing:

A. Subdivision identification. Subdivision name, original lot and parcel number;

B. Identity of owners, subdivider and engineer. Names, addresses, and telephone numbers of owners, subdivider, and professional engineer (and seal);

C. Certification. City Engineer's Certification of Approval of Improvements as specified on Form S-3;

D. Drainage plans. A complete drainage study shall be made using the rational method with the variable adjusted to suit the particular locality which shall be subject to approval of the City Engineer. A complete computation sheet shall be submitted showing pipe or sewer sizes selected. Consideration shall be given to the theory of critical flow, and the grades of storm sewers and culverts shall not be arbitrarily increased in order to reduce required pipe size. Methods used in calculating sizes of pipe and structures and the design and location shall be acceptable to the City Engineer. On the topographic map to be included with the plans, the area in acres draining to each inlet shall be shown. Each area shall be numbered or lettered with its outline clearly shown together with the acres per manhole-to-manhole increment employed to arrive at the pipe size of such increment. Should site conditions be encountered within the subdivision, a bridge or sectional plate culvert may be designed, subject to approval of the City Engineer. Separate sheets for such structure shall be included in the plans, completely detailed and indicating the highway roading for which it is designed.

E. Plans and profiles. Plans and profiles of all streets shall be prepared on half-plan and half-profile cloth, with the street plan at the top of the sheet and the profile at the bottom. Horizontal scale shall not be less than one inch equals fifty feet, and vertical scale shall not be less than one inch equals five feet or one-tenth of the horizontal scale. Plan sheets shall show the street centerline, centerline stationing, street names or letter designation, sublot numbers, right- of-way lines, pavement lines, storm and sanitary sewer lines, inlets, manholes, culverts, gutterlines, guard rails, monuments, P.C. and P.T. of all horizontal curves, together with curve data, appropriate notes covering construction, a title block and north point. Sheets shall be numbered in an orderly, consecutive manner so that one sheet is numbered in order for one sheet to follow the preceding sheet in a logical sequence. The profile portion of the sheet shall show the original ground profile at the centerline and at both building setback lines and the proposed profile grade with all vertical curve data, including the calculated nonpassing sight distance for all convex curves.

F. Stationing. Stationing, corresponding to plan stationing, shall be shown on the profile, and sea level elevations shall be indicated thereon. The location and description of the U.S.G.S. bench mark used shall be shown in a box, either on the plan or profile portion of the sheet.

G. Typical sections. The typical section of the proposed roadway selected from these Subdivision Regulations shall be included, preferably on the sheet with other details of construction. The typical section shall show the right-of-way width, pavement width, berm width, and location of gutters, storm sewers, sanitary sewers, water mains, inlets, guard rails, etc. The vertical scale may be exaggerated to show the thickness of each layer of roadway material, its kind and covering specifications. Appropriate notes for each type of material proposed to be used shall be placed directly below the section.

H. Construction details. Construction details for all special types of construction proposed shall be included, preferably on the separate sheets with the typical section. Included shall be special ditch checks, headwalls, concrete aprons, unusual size inlets and manholes, guard rails, barricades, cut-off walls, cradles, etc.

I. Landscaping and tree details for non-PRD single family developments. A landscaping plan shall be submitted, showing all existing and proposed trees and screening along streets and including details regarding spacing; the distance of trees from curbs, street intersections, private driveways, and street lights; and the minimum size of each tree and the minimum distance from the ground to its lowest branch. The plan shall be in accordance with the objectives of Policy No. 29 (January, 1964) of the American Society of Landscape Architects, as amended.

(b) Engineer Action. Upon receipt of a complete application, the Engineer shall approve the application if it conforms to the approved preliminary plat, these Subdivision Regulations, Planning Commission policies, and other applicable Municipal, County, and State laws. The Engineer's approval and findings shall be certified on Form S-3 which shall then be forwarded to the Law Director. The Engineer will define the amount of the performance bond to insure completion of the improvements by the required date, and the amount of the deposit for the inspection of improvements and for the maintenance of the completed improvements for the appropriate period. Approval shall not be made by the Engineer subject to conditions or notations specified by him or her on the improvement plans.

(c) Law Director Action. Upon receipt of Form S-3, the Law Director may approve the application if all of the provisions specified on Form S-3, have been complied with. The Law Director shall certify his or her approval on Form S-3 and return it to the Engineer.

(d) Zoning Administrator Action. The Zoning Administrator will be responsible for reviewing improvement plans relative to subsection (a)(2)(I) above to confirm consistency with prior approvals.

(e) Certification. Following approval by the Law Director, the Engineer shall certify approval on the original tracings of the improvement plans. The developer shall furnish the Engineer with a set of duplicate linen or mylar tracings at no cost to the City.

(f) Approval by Planning Commission. Approval of improvement plans by the Planning Commission is required and shall be a part of the action of approval of the final plat.

(g) Modification. If modification to the approved improvement plans is requested by the developer, written authority by the Engineer shall be received by the developer before the modification is made. If any modification to the originally approved plans is granted by the Engineer, the developer shall furnish the Engineer with a duplicate mylar tracing of any modified tracing at no cost to the City. The Engineer shall advise the Planning Commission of all modifications. If the modifications affect or modify a final plan in any significant manner, the reapproval of the plat by the Planning Commission shall be obtained.

(h) Construction of Improvements. Only after approval of the final plat as set forth in Section 1224.07 and the deposit of the proper amounts for bonds and inspections, shall the improvements be installed. It is not necessary, at this time, to install those specific minor improvements (such as sidewalks, street light fixtures, tree lawns, and the planting of trees) that would be adversely affected by the subsequent construction of buildings; however, a bond in an amount which insures the completion of these minor improvements must remain on deposit. Acceptance of completed improvements shall be certified by the Engineer on the original tracings of the improvement plans.

(Ord. 75-2005. Passed 10-11-05.)

1224.07 PROCEDURE FOR FINAL PLAT APPROVAL.

Following approval of a preliminary plat and improvement plans, the developer may, within the time and phasing limits specified, make application to the Planning Commission for final plat approval. Where the approved preliminary plat encompasses phasing, final plats and improvement plans may be submitted in sections encompassing the approved portions of the preliminary plat. Such sections shall be numbered consecutively as successive subdivisions as they are submitted. The procedure for such approval is as follows:

(a) Application. Applications for final plat approval shall include the following items, along with the number of copies determined by the Zoning Administrator:

(1) The Application for Major Subdivisions - Final Plat Approval (Form S4) certified by the developer, along with the required review deposit (if more funds are required);

(2) The improvement plan and completed Form S-3;

(3) The proposed final plat drawn by a professional engineer or surveyor at a scale of one inch equals fifty feet (sheet size twenty-four inches by thirty-six inches) showing the following:

A. Subdivision name, original lot and parcel number;

B. Property line survey and control points showing all dimensions, angles and bearings that are to be referred to control points;

C. Centerlines and right-of-way lines of streets, easements and other rights of way, natural and artificial watercourses, streams, shorelines, corporation lines, and property lines of all lots and parcels with distances, radii arcs, chords, and tangents of all curves (nearest one-hundredth of a foot), bearings or deflection angles (nearest second);

D. Names and right-of-way width of each street within proposed subdivision and those adjoining;

E. Building setback lines accurately shown with dimensions;

F. Lot numbers approved by the City Engineer prior to the recording of the plat;

G. Total site data, including acreage, number of residential lots, typical lot size, and acres of open space;

H. Land for public use showing boundaries and uses of all parcels which are to be dedicated or reserved for public use or easements;

I. Location and description of monuments found, set or to be set;

J. Existing and proposed covenants, restrictions, or agreements containing references thereto; and

K. Notations as specified on Form S-4, indicating the following:

1. Certification by owners.

2. Certification by surveyor.

3. Approval by Planning Commission.

4. Filing date with County.

(b) Referral. Upon receipt of a complete Form S-4 application, the Zoning Administrator shall place it on the agenda of the next regular Commission meeting that is at least ten days after receipt of the application. The filing date of the application shall be the date of the meeting.

(1) The Zoning Administrator will transmit copies of the plat to the Engineer, the Law Director, the Planning Consultant, the Building Administrator and other City departments as appropriate for comment.

(2) An information copy will be sent to the Clerk of Council for Council's review as desired.

(3) The Engineer and the Law Director will certify that all appropriate laws, regulations, and policies relative to the subdivision's plat have been met, and the Law Director also will certify the correctness of the owner and surveyor certifications contained on Form S-4.

(c) Commission Action. Following review of the application, the Commission shall, within thirty days, approve or disapprove the application. The Zoning Administrator shall:

(1) Notify the Finance Director of the action, providing him or her a copy of the Form S-3, showing the required deposits; and

(2) Return the Form S-4 to the developer after the Secretary has certified the action of the Planning Commission. Commission approval of a final plat shall be certified by Chairperson of the Commission on the original tracing of the plat, which shall be for record purposes only and shall not indicate acceptance of dedication. Such final plat approval shall become void after sixty days if the final plat has not been recorded by the County Recorder. If, in the Commission’s judgment, the proposed final plat differs significantly from the approved preliminary plat, reapplication for reapproval of the preliminary plat shall be required. Approval of the final plat shall be granted if both of the following are true.

A. The general layout of streets, lots, open spaces, and other features of the final plat conforms to the approved preliminary plat.

B. Conditions of approval of the preliminary plat have been met.

(d) After approval of the final plat and the deposit of the proper amount for bonds and inspections, the plat shall be recorded with the County and the construction of improvements may begin. As set forth in Section 1224.06(g), minor improvements such as sidewalks, street light fixtures, tree lawns, and the planting of trees, etc., that would be adversely affected by the subsequent construction of buildings, shall not be required to be constructed until the appropriate time. However, a bond in an amount which insures the completion of these improvements must remain on deposit after completion of the required major improvements.

(Ord. 24-97. Passed 10-14-97; Ord. 75-2005. Passed 10-11-05.)

1224.08 PROCEDURE FOR DEDICATION.

No building permit in a major subdivision shall be issued by the Zoning Administrator prior to acceptance or rejection by Council of all public land, public streets, etc., shown on the final plat for dedication (with the exception that the Planning Commission may approve the construction of model homes prior to dedication, provided an occupancy permit shall not be issued until after dedication), and no plat shall be accepted for dedication consideration until all improvements are in (see Section 1224.06(g)) and certified as complete by the City Engineer. The procedure for dedication is as follows:

(a) Application. Applications for acceptance of dedication shall include:

(1) Two copies of Form S-5 certified by the developer, the Engineer and the Law Director;

(2) The original tracing of the final plat approved by the Engineer, the Law Director and the Planning Commission; and

(3) The required review deposit.

(b) Referral. Upon receipt of an application certified as stated above, the Clerk of Council shall place it on the agenda of the next regular Council meeting. The filing date of the application shall be the date of the meeting.

(c) Council Action. Following review of the application, Council shall, within thirty days, accept or reject for dedication all or part of the public land, public streets, etc., shown on the final plat. The Clerk shall certify the action on Form S-5 and return it to the Engineer. The Clerk and the President of Council shall certify acceptance of dedication on the original tracing of the final plat. Following recording, the developer shall furnish the Engineer with a duplicate tracing at no cost to the City. The Engineer shall then notify the Zoning Administrator, in writing, that building permits in the subdivision may be issued.

(d) Completion of Improvements. The remaining minor improvements, described in Section 1224.06(g), shall be completed and any required maintenance bonds must be posted with the Finance Director before occupancy permits are issued for any new structures.

(Ord. 24-97. Passed 10-14-97.)

1224.09 PERFORMANCE BONDS, MAINTENANCE BONDS AND INSURANCE.

(a) Performance Bonds.

(1) The developer shall be primarily liable for completion of the approved public and private improvements for which he or she has filed an application. Upon failure of completion within the specified time, or any extension granted by Council or by the Planning Commission for good cause shown, the City may, at its option, complete all or any portion of the improvements, and the developer shall be liable to the City for the costs of such completion, plus an additional twenty-five percent of such costs to cover City overhead.

(2) To secure such performance, the developer shall file with the Law Director, in a form approved by the Law Director, a construction performance bond or letter of credit covering the satisfactory and timely completion of improvements. No extension granted to the developer shall operate as a release of such bond. The amount of the bond shall be determined by the Engineer, who shall require of the developer such information as the Engineer deems necessary to reasonably estimate the cost of performance. The amount of the bond shall be 100 percent of such amount.

(3) Should the City exercise its option to complete all or any portion of the improvements, the bond amount shall be declared forfeited and the costs of completion, plus overhead, shall be charged against such amount. Upon expiration of the maintenance bond at no cost to the City, as provided in subsection (f) hereof, the balance of the bonded fund shall be returned to the surety.

(4) No bond shall be accepted unless it is provided in the form of cash or a bond written by a surety company licensed to write such bonds in the State.

(b) Maintenance Bonds.

(1) Prior to the acceptance of improvements by the Engineer, the developer shall file with the Law Director, in a form approved by the Law Director, a maintenance bond guaranteeing the developer's obligation to repair or replace any such improvements which have been found to require maintenance or which have failed for any cause whatsoever. The amount of the bond shall be determined by the Engineer, who may require of the developer such information as the Engineer deems necessary to reasonably estimate the potential cost of maintenance, and who shall then evaluate such data and other information available to him or her and estimate the maximum amount, barring unforeseeable circumstances, that such maintenance should cost. Should the developer fail to provide adequate maintenance, repair, or replacement within a twenty-four month period following acceptance of the improvements by the Engineer, the City shall have the option of providing, either through its own employees or independent contractors, such maintenance, repair, or replacement, or any part thereof. In such event, the bond shall be declared forfeited, and the costs of such work, plus twenty-five percent to cover the costs of City overhead, shall be deducted therefrom. The balance of the bonded fund shall be retained by the City until released as provided in this section, and shall, while retained, be the subject of further maintenance, repair, or replacement charges.

(2) At the end of the twenty-four-month period, the developer shall apply in writing to the Engineer for an inspection of the improvements. Alternatively, such inspection may be requested not more than thirty days in advance of such expiration date. Upon receipt of an application, the Engineer shall inspect the improvements. Any corrections reasonably deemed by the Engineer to be necessary shall be made by the developer, or the maintenance bond fund shall be used to make such corrections.

(3) When the Engineer finds that all necessary maintenance, if any, has been completed, and that the improvements are in a condition satisfactory to him or her, then the bond, or the balance of the bond fund, shall be released, upon proper certification of such facts by the Engineer.

(4) Any bond required by this section shall be in the form of cash or a bond written by a surety company licensed to write such bonds in the State.

(c) Combined Bonds. Guarantees for performance and maintenance may be combined into a single instrument, provided it is in an amount approved by the Engineer and in a form approved by the Law Director. At any time during the existence of approved performance and/or maintenance bonds, the developer may exchange one form of guarantee for another, provided that the substitution is approved by the Law Director.

(d) Insurance. In accordance with Section 1452.01(F) of the Codified Ordinances, the developer agrees to hold the City harmless from any and all claims of any type, nature, and description whatsoever, arising from the provision of improvements or other activities covered by these Subdivision Regulations. In addition, the developer shall defend and pay costs and judgments resulting from such claims upon reasonable notification of the pendency of the claim by the City or by any party. The developer shall not be responsible for claims arising from the sole negligence of an employee of the City.

(1) The developer shall furnish the Law Director with a certificate of insurance, or, at the option of the Law Director, a certified copy of the insurance policy, as proof that the developer and his or her subcontractors are covered by general liability insurance for all activities contemplated by the project, including products liability coverage, in sufficient amounts established by Council. Such policy shall contain no unusual exclusions, shall name the City as an additional insured, and shall not be cancelable as to the City on less than thirty days written notice in advance of such cancellation.

(2) The developer shall further produce and keep on file with the Clerk of Council evidence that he or she has fully complied with the provisions of the Ohio Workers Compensation Act.

(3) The Law Director shall promptly certify his or her findings in this regard in Form S-3. In the event of later cancellation of any insurance required by this subsection, the developer shall cease all work not covered by insurance as of the time and date of lapse of coverage, and the Zoning Administrator or the Law Director may take any necessary action to enforce such work stoppage until coverage resumes.

(Ord. 24-97. Passed 10-14-97; Ord. 75-2005. Passed 10-11-05.)

1224.10 CONFORMITY WITH MAPPED STREET PLANS; ISSUANCE OF BUILDING AND ZONING PERMITS.

No subdivision within an area shown on a duly adopted mapped street plan shall be approved unless it substantially conforms thereto. No building or zoning permit involving a structure within any street right of way shown on such mapped street plan shall be issued for 120 days after the filing date of the permit application, such period of time being deemed necessary for Council to initiate appropriation proceedings.

(Ord. 24-97. Passed 10-14-97.)

1224.11 REVOCATION OF PRELIMINARY PLATS.

Upon the effective date of these Subdivision Regulations, or any amendment thereto, the Secretary of the Planning Commission shall notify the developer of any subdivision for which a preliminary plat has been approved that such approval shall become void one year after the date of the notice if improvement plans which conform to the previous Subdivision Regulations of the City have not been approved by the Engineer.

(Ord. 24-97. Passed 10-14-97.)

1224.12 RESUBDIVISION AND VACATION.

Application for resubdivision and vacation of subdivisions shall be made by the developer to the Planning Commission according to the same procedures as for an original subdivision. The original lots shall be shown by dotted lines, and lot numbers and other references made on the previously recorded subdivision shall also be shown. Any resubdivision shall contain an abandonment of any claim, right, title, or interest in the original subdivision and any vacation shall be approved by Council and noted in the same manner as a dedication.

(Ord. 24-97. Passed 10-14-97.)

1226.01 PURPOSE.

The planning standards in this chapter are established to achieve the objectives of these Subdivision Regulations. (Ord. 24-97. Passed 10-14-97.)

1226.02 IMPROVEMENT STANDARDS.

(a) Defined: The standards for construction of the required improvements are contained in a document separate from this Code and shall be prepared by the City Engineer, reviewed and approved by the Planning Commission, and adopted by Council. Such construction standards shall be referred to in this Planning and Zoning Code as the Improvement Standards. The Planning Commission, under certain conditions, may waive some of the requirements of the Improvement Standards as stated within those standards.

(b) Responsibilities of Developer: The developer shall provide the improvements specified below within his or her proposed subdivision and shall provide off-site and oversized improvements required to serve the proposed subdivision, as determined by the City Engineer. All off-site and oversized improvements shall be available to serve adjoining land.

The following improvements shall be furnished, constructed, and installed according to improvement plans approved by the City Engineer, which shall comply with the construction specifications in the Improvement Standards:

Grading and drainage;

Streets, including pavement; curbs and gutters; and sidewalks;

Street name signs;

Street trees and screening;

Communication systems;

Street lights;

Telephone and cable lines;

Gas fuel services and electric lines;

Sanitary sewer, storm sewer, and water service systems, including storm water

management systems; and

Survey monuments.

(Ord. 75-2005. Passed 10-11-05.)

1226.03 CONFORMITY TO COMPREHENSIVE PLANNING AND ZONING CODE.

The arrangement and character of subdivisions shall conform to the Comprehensive Plan and to the regulations set forth in this Planning and Zoning Code.

(Ord. 24-97. Passed 10-14-97.)

1226.04 NATURAL FEATURES.

Subdivisions shall be planned to take advantage of the existing natural features on the site in a manner which results in an attractive environment and which minimizes grading and the removal of trees and topsoil.

(a) Topography. Subdivisions on land which is relatively flat shall be planned so that streets follow natural drainage courses. On more irregular topography, streets shall generally parallel natural contours to avoid extensive cut and fill. Where practical, lots shall be above street grade. Other standards for grading are set forth in the improvement standards.

(b) Natural Drainage. Subdivisions shall be designed to take advantage of natural contours so that the land can be drained with a minimum of reshaping. Rear lot lines shall be parallel to drainage courses so that, where practical, open drainage courses do not parallel side lot lines. Such restrictions do not apply to enclosed drainage courses. Drainage courses, marshes, and areas which are subject to flooding shall not be utilized as building sites. Other grading and drainage standards are set forth in the improvement standards.

(c) Flood Areas. Due consideration shall be given to any portion of land within a proposed subdivision which is subject to flooding. Such land shall not be platted for development which may increase danger to health, life, or property or which may aggravate flooding (see Chapter 1477 of these Codified Ordinances).

(d) Other Natural Features. Natural features, such as substantial tree cover, waterways, lakes, hills, and open spaces, within a proposed subdivision or related thereto, shall be integrated into the design of the subdivision to obtain natural variety and interest in each neighborhood and the most attractive views possible. (Ord. 24-97. Passed 10-14-97.)

1226.05 TREE PRESERVATION AND MANAGEMENT.

Editor’s Note: See Chapter 1218.

1226.06 STREETS.

Streets shall be designed to implement the Comprehensive Plan and shall comply with the following standards:

(a) Arterial Streets. The arrangement, size, and location of arterial streets shall be based on the Comprehensive Plan and shall be planned for continuity and interconnection with other arterial streets at the same width as, or at a greater width than, the width of the other arterial street in accordance with City, County, and State standards. Access to arterial streets shall be controlled in the interest of public safety and to maintain traffic flow. Wherever a subdivision abuts an arterial street, one or more of the following may be required:

(1) Marginal access streets parallel to the arterial street;

(2) Double-frontage lots between arterial and parallel streets with landscaping located in a nonaccess reserve strip along the right-of-way line of the arterial street;

(3) Corner lots that have extra width and are required to front on local perpendicular streets; and/or

(4) Extra width for lots fronting on an arterial street and required to share access drives with adjacent lots.

(b) Collector Streets. The arrangement, size, and location of collector streets and their relationship to arterial and local streets shall be based on the Comprehensive Plan. Collector streets shall be oriented to one or more focal points of traffic generation and shall be planned for continuity and interconnection with arterial streets or other collector streets. Other collector street standards are set forth in the improvement standards.

(c) Local Streets. The primary function of local streets is to provide direct access to lots and development. Local streets shall be designed to minimize through traffic movement, but shall provide convenient access within and between subdivisions. Where a proposed subdivision adjoins undeveloped land, provision shall be made for the future interconnection of streets in a logical street pattern. The local street pattern shall be related to topography and natural features, as well as to the arrangement of blocks, lots, and development. Traffic generators, such as schools and playgrounds, shall serve as focal points in the pattern and there shall be a minimum number of intersecting local streets. Local streets extended to the boundary of a subdivision shall be coterminous with existing streets or be provided with a temporary turn-around. Cul-de-sac streets shall be terminated with a permanent turn-around and shall not exceed 800 feet in length. Other local street standards are set forth in the improvement standards.

(d) Street Intersections.

(1) Streets shall be laid out so as to intersect as nearly as possible at right angles. Not more than two streets shall intersect at any one point unless specifically approved by the Planning Commission.

(2) Whenever possible, proposed intersections along one side of a street shall coincide with an existing or proposed intersection on the opposite side of such street. In any event, where a centerline offset (jog) occurs at an intersection, the distance between centerlines of the intersecting streets shall not be less than 150 feet.

(3) Except where no other alternative is practicable or legally possible, no two streets may intersect with any other street on the same side at a distance of less than 400 feet measured from centerline to centerline of the intersecting street. When the intersected street is an arterial, the distance between intersecting streets shall be at least 1,000 feet.

(e) Private Streets. Private streets may be permitted in an approved planned residential development in accordance with the provisions set forth in Section 1268.07(g).

(f) Temporary Turn-Arounds. Streets which are extended over 500 feet from a street intersection to the boundary of a proposed subdivision which adjoins undeveloped land shall be provided with a temporary turn-around. Turn-around design standards are set forth in the improvement standards. Provision shall also be made for the future extension of such streets and for the reversion of any resulting excess right of way to abutting properties.

(g) Nonconforming Streets. Whenever undeveloped land abuts an existing street which does not conform to the width required by these Subdivision Regulations, or by County or State requirements, whichever width requirement is greatest, the additional width shall be provided when such land is subdivided.

(h) Reserve Strips. A division of land to prevent access to, or the extension of improvements to, another property, shall not be permitted, except where the control and provision for disposal of such a division have been assigned to the City.

(i) Access Drives. The centerline of access drives shall be located at least sixty feet from the nearest intersection of right-of-way lines of the nearest intersecting streets. Access drives along arterial streets shall be spaced, insofar as possible, at intervals of not less than 200 feet.

(j) Street Names. All street names shall be submitted to the Planning Commission for review and approval. Names shall be selected which will not duplicate or be confused with the names of existing streets in the City or surrounding area. The following system shall be used whenever practical:

GENERAL DIRECTION	LONG CONTINUOUS	SHORT DISCONNECTED
North-south	Streets	Places
East-west	Avenues	Courts
Diagonal	Roads	Ways
Curving	Drives	Lanes, circles or trails

(Ord. 24-97. Passed 10-14-97; Ord. 75-2005. Passed 10-11-05.)

1226.07 BLOCKS.

The arrangement, size, and location of blocks shall be designed to conform to topography and natural features, as well as to contemporary street planning standards, and to accommodate lots, developments, and open spaces of a size and character specified in the Comprehensive Plan or required by this Planning and Zoning Code.

(a) Size. The lengths, widths, and shapes of blocks shall be such as are appropriate for the locality and the type of development contemplated. In residential subdivisions, block lengths should be designed to provide convenient and safe traffic circulation. In long blocks, the Planning Commission may require the reservation of an easement through the block to accommodate utilities, drainage facilities, or pedestrian traffic. Generally, the width of blocks should be planned to accommodate two tiers of lots. A single tier of lots may, however, be required to separate a development from arterial streets, adjoining developments, or open space.

(b) Coordinated Development. If the subdivision of a single parcel would result in fractional or odd-shaped lots or lack of street frontage, or would otherwise not conform to these Subdivision Regulations or this Planning and Zoning Code, the developer may be required to submit a plan for adjoining undeveloped or partially developed land to ensure eventual coordinated development thereof. The City may adopt mapped street plans for such areas and may require the reservation of rights of way.

(Ord. 24-97. Passed 10-14-97; Ord. 75-2005. Passed 10-11-05.)

1226.08 LOTS.

Each lot shall be designed to form a functional site for the type of development proposed, and its ancillary open space and lot lines shall not merely be considered as a geometric shape enclosing minimum requirements. Generally, lots shall be rectangular in shape. Triangular, elongated, or other shapes that restrict the development or utilization of yards shall be avoided where possible.

(a) Area and Width. The area and width of lots shall conform to the regulations set forth in the Zoning Code. Such provisions, however, shall be construed as minimum standards and not as optimum dimensions. Each lot shall have frontage on a public street unless otherwise permitted by the Planning Commission in a planned residential development.

(b) Depth. The depth of a lot shall not exceed three and one-half times its width. This ratio may be increased when the rear lot line abuts an arterial street, nonresidential development, or unusual topography or natural features.

(c) Corner Lots. Corner lots shall have extra width and depth to comply with the required front, corner-side, side and rear yard requirements, and to obtain appropriate orientation to both streets.

(d) Side Lot Lines. Side lot lines shall be designed to be at right angles to front lot lines, or radial to curved front lot lines, whenever practical. In the case of a T intersection, the lots that are directly opposite the terminating street shall be designed so that the side lot lines are located approximately on the projected centerline of the terminating street.

(Ord. 24-97. Passed 10-14-97; Ord. 75-2005. Passed 10-11-05.)

1226.09 PUBLIC PARKS AND PUBLIC OPEN SPACE.

All residential subdivisions shall provide for public parks and public open space in compliance with the requirements set forth in Chapter 1216.

(Ord. 24-97. Passed 10-14-97; Ord. 75-2005. Passed 10-11-05.)

1226.10 EASEMENTS.

Easements shall be designed to implement the Comprehensive Plan and to comply with the following standards:

(a) Pedestrian Ways. Pedestrian easements, when provided, shall be at least twelve feet wide. Such easements shall be required across blocks or at the end of cul-de- sac streets to provide access to business areas, schools, open spaces, or other public facilities to which convenient pedestrian circulation has not been provided by the street pattern. Landscaping, sidewalks, fencing, and screening of pedestrian ways may be required by the Planning Commission.

(b) Utility Easements. Where utilities are not located in a street right-of-way, an easement at least fifteen feet wide, but preferably twenty feet wide, shall be located on the center of rear lot lines, or on side lot lines where necessary. Easements in a front yard may be approved by the Engineer and the Planning Commission and shall not be more than ten feet wide.

(c) Drainage Ways. Where a subdivision is traversed by a drainage way, channel, or stream, a drainage easement which includes such a watercourse shall be provided. Such easement shall be at least twenty feet wide, or an additional width determined by the City Engineer, so as to adequately contain the top of the banks on either side, and shall provide adequate maintenance accessibility. Insofar as possible, rear lot lines shall be planned along such drainage ways. The area of a lot which is devoted to drainage easements shall not be included in the calculation of the minimum lot area. Other drainage standards are set forth in the improvement standards.

(d) Easement Layouts. Easement layouts shall conform with lot lines where possible. On easements granted to the City, no structures or features of any kind shall be constructed that may be damaged by or hinder normal City access thereto or maintenance thereof, unless the City is held harmless for any subsequent damage thereto by reason of the City's actions.