These Regulations shall be known and may be cited as the "Subdivision Regulations of Orange Village, Ohio".

(Ord. 1999-47. Passed 10-13-99.)

   These regulations are adopted pursuant to the provisions of Chapter 711 of the Ohio Revised Code. In their interpretation and application, the provisions of these Regulations shall be held to be the minimum design and development requirements adopted for the protection of the public health, safety, comfort, convenience, and welfare.

(Ord. 1999-47. Passed 10-13-99.)

   The general purpose of these Regulations shall be to guide and regulate the subdivision and development of land within the Village of Orange. It is intended that these regulations shall serve the following objectives:

   (a)   To provide for orderly development of land;

   (b)   To preserve the natural beauty and topography of the Village and to ensure appropriate development with regard to these natural features;

   (c)   To establish reasonable standards of design;

   (d)   To insure safe and convenient vehicular access;

   (e)   To protect and conserve the value of land;

   (f)   To insure that land to be subdivided shall be of such character that it can be used safely for building purposes; and

   (g)   To coordinate land development in accordance with the Zoning Code.

(Ord. 1999-47. Passed 10-13-99.)

   These Regulations shall not repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws, or ordinances except those specifically repealed by these Regulations, or with private restrictions placed upon property by deed, covenant or other private agreement, or with restrictive covenants running with the land to which the Village is a party. Where these Regulations impose a greater restriction upon land than is imposed or required by such existing provisions of law, ordinance, contract or deed, the provisions of these Regulations shall control.

(Ord. 1999-47. Passed 10-13-99.)

   (a)   It shall be unlawful for any person to subdivide, plat, or lay out into lots any land within the Village except in compliance with the regulations herein contained. No plat shall be recorded and no lot or land shall be sold from any such plat until said plat has been approved as herein required. No plat of any subdivision shall be recorded in the office of the County Recorder or have any validity until it has been approved in the manner prescribed herein. In the event any such unapproved plat is recorded, it shall be considered invalid and the Village shall institute proceedings to have the plat stricken from the County records.

   (b)   No building permit or certificate of occupancy shall be issued for any parcel or plat of land which was created by subdivision not in conformity with the provisions of the Subdivision Regulations. No excavation of land or construction of any public or private improvements shall take place or be commenced except in conformity with these Regulations.

   (c)   No owner or agent of the owner of any land located within a subdivision shall transfer or agree to transfer ownership in the future by reference to, exhibition of, or by the use of a plan or plat of a subdivision before such plan or plat has been approved and recorded in the manner prescribed herein. Any sale or transfer contrary to the provision of this section shall invalidate the plat or plan. The description of such sublot or parcel by metes and bounds in the instrument of transfer or other documents used in the process of selling or transferring shall not exempt the transaction from the provisions of these Regulations.

(Ord. 1999-47. Passed 10-13-99.)

   The Planning and Zoning Commission may, from time to time, recommend to Village Council such changes in these Regulations as they may deem necessary. Council may amend, supplement or change these Regulations by ordinance.

(Ord. 1999-47. Passed 10-13-99.)

   The sections and subsections of Title Three - Subdivision Regulations are hereby declared to be mutually independent and the holding of any provision, section, subsection or portion thereof to be void, unconstitutional, or invalid for any cause shall not affect the validity of Title Three as a whole, or any other provision, section, subsection, or portion thereof.

(Ord. 1999-47. Passed 10-13-99.)

   (a)   "Bond" is any form of security including a cash deposit, surety bond, collateral, property, or instrument of credit in a form satisfactory to the Village Law Director.

   (b)   "Construction plans" are the detailed engineering drawings accompanying a subdivision plat and showing the specific location and design of improvements to be installed in the subdivision.

   (c)   "Improvements" are grading, sanitary and storm sewers, water mains, pavement, curbs and gutters, sidewalks, street signs, street lights, street trees, and the appropriate appurtenances required to render land suitable for the use proposed.

   (d)   "Lot" or "parcel" is a division of land separated or proposed to be separated from other divisions of land by description on a recorded subdivision plat, recorded survey map, or by metes and bounds for purposes whether immediate or future, of sale, lease, separate use, or building development.

   (e)   "Corner lot" is a lot at the point of intersection of and abutting on two intersecting streets.

   (f)   "Public utility" is any person, firm, corporation, governmental agency, or board having a public utility commission permit to furnish under regulations to the public, electricity, gas, sanitary sewer, telephone, transportation, water, or any other similar public utility.

   (g)   "Right-of-way" is a strip of land occupied or intended to be occupied by a street, crosswalk, walkway, or other public improvement relating to public travel or access.

   (h)   "Street" is a way for vehicular traffic, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place or however otherwise designated.

      (1)   “Major arterial” is a principal or heavy traffic street of considerable continuity and used primarily to carry traffic through the Village. Harvard Road, Brainard Road, Miles Road and Lander Road are examples.

      (2)   "Collector Street" is a street which carries traffic from local streets to major arterials, including the principal entrance streets of a residential development and streets for circulation within such a development.

      (3)   "Local Street" is a street used primarily for access to the abutting properties.

      (4)   "Cul-de-Sac" or "Dead-end Street" is a local street with only one outlet.

      (5)   "Street Width" is the distance measured from back of curb to back of curb.

      (6)   "Right-of-way Width" is the shortest distance between the lines delineating the right-of-way of a street.

   (i)   "Subdivider" means any individual, firm, association, syndicate, co-partnership, corporation, trust or any other legal entity commencing proceedings under these Regulations to effect a subdivision of land hereunder for himself or for another.

   (j)    "Subdivision".

      (1)   The division of any parcel of land shown as a unit or as contiguous units on the last preceding tax roll, into two (2) or more parcels, sites or lots, any one of which is less than five (5) acres for the purposes, whether immediate or future, of transfer ownership, provided, however, that the division or partition of land into parcels of more than five (5) acres not involving any new streets or easements of access.

      (2)   The improvement of one or more parcels of land for residential, commercial or industrial structures or groups of structures 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.

      (3)   "Minor Subdivision" is a division of a parcel of land along an existing public street or road not involving the opening, widening, or extension of any street or road and involving not more than four (4) lots after the original tract has been completely subdivided.

(Ord. 1999-47. Passed 10-13-99.)

   (k)   “Plat” means a map of a tract or parcel of land.

   (l)   “Preliminary plat” means the map indicating the proposed layout of a subdivision prepared in accordance with and containing all information required by Section 1125.02, submitted to the Building Commissioner in accordance with Section 1123.02, and if approved, permits proceeding with the preparation of the final plat.

   (m)   “Final plat” means the map of all or a portion of a subdivision prepared in accordance with and containing all information and construction plans required by Section 1125.03 and submitted to the Building Commissioner in accordance with Section 1123.03.

   (n)   “Development plan” mean a plan specifying the uses of land and the location of the proposed development’s buildings, streets, utilities, and other features that comprise the proposed development.

   (o)   “Preliminary development plan” means a plan containing all the information required by Section 1143.04 and submitted to the Building Commissioner in accordance with Section 1143.03.

   (p)   “Final development plan” means a plan prepared in accordance with and including all the data required by Section 1143.06 and submitted to the Planning and Zoning Commission in accordance with Section 1143.05.

(Ord. 2008-33. Passed 5-13-09.)

   (a)   Prior to the submission of a preliminary plat, the subdivider shall seek the assistance of the Planning and Zoning Commission and municipal officials with regard to development of the proposed property. The purpose of the pre-application review is to make the subdivider familiar with the requirements of these subdivision regulations and with the Comprehensive Plan for Orange Village as it affects the proposed subdivision location.

   (b)   The subdivider shall submit to the Building Commissioner a preliminary sketch plan indicating the general approach to developing the site, including the approaches to storm water management, utility service, access, and traffic flow. The Building Commissioner will forward the sketch plan to the Village Engineer, and other administrative officials, as appropriate, for review and comment and will place the sketch plan on the next available Planning and Zoning Commission agenda for general discussion and comment. The applicant and the applicant’s engineer shall attend the pre-application review meeting with the Planning and Zoning Commission. (Ord. 2008-33. Passed 5-13-09.)

   (a)   Submission. The subdivider shall prepare and submit an application for approval of a preliminary plat. Said application shall be submitted to the Building Commissioner at least ten (10) working days prior to a regularly scheduled Council meeting. All applications for preliminary plat approval shall include:

      (1)   A completed application form.

      (2)   Six (6) copies of the preliminary plat and supplementary material as required in Section 1125.02.

      (3)   A plat review fee and deposits as established by Village Council, and

      (4)   A letter describing any requested waivers to the standard provisions of these subdivision regulations and the justification therefor.

   No preliminary plat shall be considered officially filed until it has been examined by the Building Commissioner and is found to contain all of the required information as set forth in this Section and in Section 1125.02.

   (b)   Transmittal and Review. Upon receipt of an application as set forth in Section 1123.02(a) hereof, the Building Commissioner shall transmit copies of the proposed preliminary subdivision plat to the appropriate Village, County, and other officials and agencies for review and comment. The Building Commissioner shall forward a copy to the Law Director who shall prepare an ordinance approving the preliminary plat for first reading at the next regularly scheduled Council meeting provided that the complete application was received by the Building Commissioner at least ten (10) working days prior to the next Council meeting. If the application is received less than ten (10) working days prior to the next Council meeting, the ordinance approving the preliminary plat shall be read on first reading at the regular meeting of Council immediately following the next regular meeting. The ordinance prepared by the Law Department shall refer the preliminary plat to the Planning and Zoning Commission for report and recommendation.

   (c)   Commission Action. The Commission shall act on the preliminary plat within sixty (60) days from the date the preliminary plat ordinance is officially referred to the Planning and Zoning Commission or within such time frame as the Commission, at the request of the applicant and for good cause shown, may establish provided that such time frame may not exceed ninety (90) days from the date of referral. If the Planning and Zoning Commission fails to act within ninety (90) days from the date the preliminary plat ordinance is officially referred to the Commission, the Commission, consistent with Article III, Section 12 of the Charter, shall be deemed to have approved the preliminary plat.

   After receipt of reports from such officials and agencies, the Commission shall determine whether to recommend to the Village Council the approval of the preliminary plat as submitted, approval with modifications, conditional approval, or disapproval. Consistent with Article III, Section 12 of the Charter, disapproval of a preliminary plat by the Planning and Zoning Commission shall require a vote of five (5) members of Council for adoption or authorization.

   If a preliminary development plan is also required pursuant to Chapter 1143, a preliminary plat shall not be approved until the preliminary development plan is approved by the Planning and Zoning Commission. The Planning and Zoning Commission, however, may concurrently recommend approval of the preliminary plat and approval of the preliminary development plan.

   (d)   Notice of Recommendation and Action of Council. Notice of the Planning and Zoning Commission’s recommendation shall be supplied to the subdivider and the preliminary plat shall be forwarded to the Village Council for approval as submitted, approval with modifications, conditional approval, or disapproval. The action of the Village Council shall be noted on two (2) copies of the preliminary plat and the application form and one (1) copy of each returned to the subdivider. One copy of each shall be retained on file by the Building Commissioner.

   (e)   Effect of Approval. Approval of a preliminary plat by the Village Council shall not constitute approval of the final plat of the subdivision by the Village Council and does not constitute authorization to record the subdivision. Preliminary plat approval shall be effective for a period of one (1) year from the date of approval unless an extension of time is granted, for good cause shown, by the Village Council. The general terms and conditions under which the preliminary approval was granted will not be affected by any changes and/or amendments to these Regulations during the one (1) year time period following approval or such extension of time that the Village Council may grant. Upon expiration of a preliminary plat approval, no approval of a final plat shall be given until the preliminary plat has been resubmitted and approved.

(Ord. 2008-33. Passed 5-13-09.)

   (a)   Submission. The subdivider shall prepare and submit an application for approval of a final plat. Said application shall be filed with the Building Commissioner at least ten (10) working days prior to a regularly scheduled Council meeting. All applications for final plat approval shall include:

      (1)   A completed application form.

      (2)   Original Mylar and six (6) copies of the final plat and supplementary information as set forth in Section 1125.03.

      (3)   Original Mylar and six (6) copies of required construction plans.

      (4)   A cost estimate for installation of required improvements prepared and signed by a registered engineer.

      (5)   A letter signed by the subdivider describing any additional waivers required which were not reviewed with the preliminary plat.

      (6)   Plat review fees and deposits as established by Village Council, and

      (7)   A letter from the sanitary sewer provider stating that sewer capacity is available to adequately serve the proposed subdivision.

   The final plat shall not be considered officially filed until it has been examined by the Building Commissioner and found to be in full compliance with the provisions of this Section and Section 1125.03.

   (b)   Submission Limitations.

      (1)   All final plats shall be subsequent to and substantially in conformance with a previously approved preliminary plat and shall have incorporated all changes or modifications required by the Village Council. The final plat shall be filed not later than twelve (12) months after the date of approval of the preliminary plat or within such time limits established at the time the preliminary plat was approved; otherwise, it will be considered void unless an extension was previously granted by the Village Council.

      (2)   Final plats may constitute only that portion of the approved preliminary plat which the subdivider proposes to record and develop at the time. Subdivisions may be submitted for final approval in consecutive sections provided that a preliminary plat has been approved for the entire subdivision and that improvement plans for any section include all improvements determined by the Village Engineer as required to support said section even when said improvements are located beyond the limits of the section.

   (c)   Transmittal and Review. Upon receipt of an application for final plat approval, the Building Commissioner shall transmit copies of the proposed subdivision plat to the appropriate Village, County, and other officials and agencies for review and comment. The Building Commissioner shall forward a copy to the Law Director who shall prepare an ordinance approving the final plat for first reading at the next regularly scheduled Council meeting provided that a complete final plat application was received by the Building Commissioner at least ten (10) working days prior to the next Council meeting. If the application is received less than ten (10) working days prior to the next Council meeting, the ordinance approving the preliminary plat shall be read on first reading at the regular meeting of Council immediately following the next regular meeting. The ordinance prepared by the Law Director shall refer the final plat to the Planning and Zoning Commission for report and recommendation.

   (d)   Planning and Zoning Commission Action. The Planning and Zoning Commission shall take action on the final plat within sixty (60) days from the date the final plat ordinance is officially referred to the Planning and Zoning Commission or within such time frame as the Commission, at the request of the applicant and for good cause shown, may establish provided that such time frame may not exceed ninety (90) days from the date of referral. If the Planning and Zoning Commission fails to act within ninety (90) days from the date the final plat ordinance is officially referred to the Commission, the Commission, consistent with Article III, Section 12 of the Charter, shall be deemed to have approved the final plat.

   The Commission may approve, conditionally approve, or disapprove said plat. If disapproved, the grounds for disapproval of the final plat shall be stated on the record of the Commission, including the reference to the regulation violated by the plat, and a copy of said record of the Commission shall be forwarded to the subdivider. The subdivider shall have forty- five (45) days or such time limit as may be established by the Commission to make any necessary corrections and resubmit the final plat to the Commission for approval. If the final plat and construction plans are acceptable, the subdivider shall be notified of the approval or conditional approval of the plat by the Commission. Said approval or conditional approval by the Planning and Zoning Commission shall constitute a recommendation of approval to the Village Council and the Commission Secretary shall forward such recommendation to the Clerk of Council. If the subdivider does not resubmit the corrected final plat within forty-five (45) days or such time limit as may be established by the Commission, the Commission Secretary shall forward a recommendation of disapproval to the Clerk of Council.

   (e)   Final Plat Approval. Upon receipt of the recommendation from the Planning and Zoning Commission, the Clerk of Council shall schedule the final plat for presentation to the Village Council for final approval and authorization for recording. Such approval shall not constitute acceptance or final approval of the improvements required to be installed by the subdivider. Consistent with Article III, Section 12 of the Charter, disapproval of a final plat by the Planning and Zoning Commission shall require a vote of five (5) members of Council for adoption or authorization.

   (f)   Recording of Final Plat. The Village, upon final plat approval by the Village Council and receipt of a performance guarantee acceptable to the Village Engineer, the Village Building Commissioner, and the Village Law Director, shall cause the approved final plat to be recorded in the office of the County Recorder. The costs incurred in filing the plat are the responsibility of the developer. Once the final plat is recorded, the subdivider may apply for building permits in compliance with all applicable regulations and procedures. Occupancy permits for any building, however, shall not be issued until the streets are accepted by the Village for public use in accordance with Section 1129.14.

   (g)   Completion of Improvements. Upon approval of the final plat, the subdivider shall install all required improvements and submit “as-built plans” based upon inspection records. All improvements shall be inspected and approved by the Village Engineer as provided in Section 1129.13.

(Ord. 2008-33. Passed 5-13-09.)

   Subdivisions which meet all of the criteria for classification as a minor subdivision as set forth in Section 1121.08(j) may be approved by the Planning and Zoning Commission in accordance with the following procedures and without referral to Village Council.

   (a)   Submission. The subdivider shall prepare and submit an application for approval which shall include:

      (1)   A completed minor subdivider application form.

      (2)   Twelve (12) copies of legal descriptions and survey plats for the property prepared by a registered surveyor, and

      (3)   A filing fee as established by Council.

Applications for minor subdivisions shall be submitted at least ten (10) working days prior to the Planning and Zoning Commission meeting at which it is to be considered.

   (b)   Planning and Zoning Commission Action. The Planning and Zoning Commission shall take action on the minor subdivision application within thirty (30) days of the date said application has been presented to the Commission at a regular or special meeting. The Commission shall indicate its approval by placing an approval stamp signed by the Mayor on two (2) copies of the plat and deeds. None of the improvements described in Chapter 1129 or the guarantees set forth in Chapter 1131 shall be required for recordation of the plat and deed.

   (c)   Recordation. One (1) copy of the stamped plat and deeds shall be returned to the applicant for recordation with the County Recorder and County Auditor. The other copy shall be retained in the records of the Building Inspector.

      (Ord. 1999-47. Passed 10-13-99.)

   The purpose of this chapter is to set forth the specific information to be provided by subdividers in order to permit adequate review, processing, and approval of plats. Plats, improvement plans and supporting data submitted to the Village shall be prepared in accordance with the requirements set forth in the following sections.

(Ord. 1999-47. Passed 10-13-99.)

   (a)   Form. Preliminary plats shall be prepared by a registered surveyor, landscape architect, professional engineer, or city planner. Preliminary plats shall be clearly and legibly drawn on one (1) or more sheets measuring twenty-four (24) inches by thirty-six (36) inches. Subdivisions containing six (6) acres or less shall be drawn at a scale of one (1) inch equals fifty (50) feet. All other subdivisions shall be drawn at a scale of one (1) inch equals one hundred (100) feet, unless otherwise required by the Commission. Preliminary plats shall include all land intended for ultimate development even though only a portion of the tract is to be initially recorded.

   (b)   Contents. Each preliminary plat shall contain the following information:

      (1)   The proposed name of the subdivision which shall not duplicate others in the County.

      (2)   Names and addresses of the subdivider, owner and professional who prepared the plat.

      (3)   Scale of the plan, both graphically and numerically, north point and date.

      (4)   The location and dimensions of all boundary lines of the subdivision expressed in feet and decimals of a foot and the total acreage of the parcel. Said dimensions may be based upon record information.

      (5)   Location, widths and names of existing, platted, and proposed streets, easements, parks, permanent buildings, section and corporation lines.

      (6)   Names of adjacent subdivisions and owners of adjoining parcels of unsubdivided land.

      (7)   The current zoning of the property and of the contiguous properties and the locations of existing zoning boundary lines.

      (8)   Existing contours with intervals of not more than five (5) feet where the slope is greater than ten (10) percent, and not more than two (2) feet where the slope is less than ten (10) percent. Elevations are to be based on sea level datum as available. Reference bench marks used shall be indicated.

      (9)   The location of existing water bodies, streams, drainage ditches, wetlands, flood plains, and other pertinent features. Approximate areas shall be shown for water bodies and wetlands.

      (10)   The location of wooded areas, power transmission poles and lines, and existing and proposed sanitary sewers, storm drainage catch basins and water lines.

      (11)   A vicinity or location map at a scale of 1 inch equals 400 feet showing the relationship of the proposed subdivision to the surrounding area, especially main thoroughfares, shopping facilities, schools, and parks.

      (12)   The approximate location, dimensions, and areas of all proposed lots. Lots shall be numbered consecutively.

      (13)   The location, width, and purpose of any easements on the site.

      (14)   Indication of the proposed use of any lot or parcel not divided for building purposes.

      (15)   The proposed use of any lot or parcel not intended exclusively for single- family dwellings.

      (16)   A summary of subdivision data including: total number of lots, average and minimum lot sites, total acreage in streets, parks, and other uses.

   (d)   Supplementary Information.

      (1)   Statement of proposed use of lots.

      (2)   Written indication from utility providers that the subdivision can be adequately served by the existing water and sanitary sewer facilities or identifying utility improvements necessary to provide adequate service to the proposed development.

(Ord. 1999-47. Passed 10-13-99.)

   (a)   Preparation. Final plats shall be prepared and certified by a registered surveyor. The final engineering plans shall be prepared and certified by a registered professional engineer.

   (b)   Form. Final plats shall be clearly and legibly drawn in ink on permanent material such as linen or mylar. The size of the plat shall be on one or more sheets twenty four (24) inches by thirty-six (36) inches. Scale shall be one (1) inch equals one hundred (100) feet unless otherwise authorized by the Planning and Zoning Commission.

   (c)   Plat Contents. The final plat shall contain the following information:

      (1)   The name of the subdivision, graphic and numerical scales, date and north point.

      (2)   All plat boundaries with length of courses in feet and hundredths and bearing to not more than half minutes.

      (3)   Bearing and distances to the nearest established street lines, section corners or other recognized permanent monuments, which shall be accurately described on the plat.

      (4)   Municipal and section lines accurately tied to the lines of the subdivision by distances and bearings.

      (5)   Lines of adjoining streets and alleys with their width and names.

      (6)   The radii, arcs, chords and chord bearings, points of tangency and central angles for all curvilinear streets and radii for rounded corners.

      (7)   All easements for rights-of-way provided for public services or utilities, and any limitation of such easements.

      (8)   All lot numbers and line, with accurate dimensions in feet and hundredths, and with bearings. The basis of bearing shall be stated on plat.

      (9)   Accurate location and description of all monuments.

      (10)   A summary of site data including the total number of lots, the average lot size, minimum lot size, and the amount of acreage in lots, rights-of-way, parks, open space, and other public uses.

      (11)   Names of recorded owners of adjoining, unplatted land and reference to subdivision plats of adjoining platted land by name, volume, and page of recorder's map.

      (12)   Building setback lines accurately shown with dimensions.

      (13)   A notarized certification by the owner that the plat was prepared with his consent and offering for dedication the streets, easements, and other public areas.

      (14)   A release signed by the mortgage holder, if any, of all interest in properties dedicated to public use.

      (15)   An approval block for the endorsement of the plat by the Mayor and Clerk of Council.

      (16)   Proper notations for transfer and recording by the County Auditor and the County Recorder.

      (17)   A tree removal and landscaping plan in conformance with the provisions of Chapter 1375.

   (d)   Construction Plans. Final plats shall be accompanied by detailed construction plans prepared and certified by a registered professional engineer for all required improvements. Said plans shall be at a scale of 1 inch equals 20 feet on 24-inch by 36-inch sheets. The cover sheet for the construction plans shall indicate the total lineal feet of streets, storm sewers, sanitary sewers, and water lines to be installed. Said plans shall include:

      (1)   Profiles, elevations, construction details, specifications, and calculations and computations for all required improvements including streets, sidewalks, water lines, sanitary sewers, storm sewers, street lights, and other related improvements to be constructed in the proposed subdivision.

      (2)   Cross sections at fifty (50) foot stations.

      (3)   Accurate outlines of any areas to be dedicated or temporarily reserved for public use with the purpose indicated thereon.

      (4)   An overall grading and storm water management plan at a scale of 1 inch equals 20 feet, and an erosion control plan which comply with the requirements of Chapter 1377.

      (5)   Existing topography with one (1) foot contour intervals at a scale of 1 inch equals 50 feet.

   (e)   Supplementary Information.

      (1)   A copy of proposed covenants and restrictions.

      (2)   Evidence of title.

      (3)   A cost estimate for construction of all required public improvements prepared and certified by the design engineer.

      (4)   A copy of the wetlands delineation report and a copy of the wetlands permit, if required.

(Ord. 1999-47. Passed 10-13-99.)

   In addition to such other requirements of the Village of Orange as might apply, the standards set forth in this Chapter shall govern the design of subdivisions platted pursuant to the Subdivision Regulations.

(Ord. 1999-47. Passed 10-13-99.)

   Subdivisions should be planned to take advantage of the topography of the land, to economize in the construction of drainage facilities, to reduce the amount of grading, to minimize destruction of trees and topsoil, to protect wetlands, and to preserve scenic natural features. If any portion of the land within the subdivision is subject to flooding or other hazards, due consideration shall be given to such problems in the design of the subdivision. Land subject to flooding and land otherwise uninhabitable shall not be placed for residential occupancy nor for such other uses that may increase danger to health and safety, or that may aggravate the flood hazard.

(Ord. 1999-47. Passed 10-13-99.)

   (b)   Intersections. Streets shall be laid out to intersect as nearly as possible at right angles. No angle of intersection involving a Major Arterial shall be less than eighty (80) degrees and no street shall intersect any other street at an angle of less than seventy-five (75) degrees. Intersections containing more than four approaches shall be discouraged. The centerlines of opposing streets shall be aligned whenever possible, otherwise, said centerlines shall be offset a minimum of one hundred fifty (150) feet.

   (c)   Horizontal and Vertical Alignment. Horizontal and vertical alignment shall meet the following minimum standards:

 

   (d)   Right-of-Way Widths. The width of street rights-of-way shall conform to the following:

 

(Ord. 1999-47. Passed 10-13-99.)

   (f)   Street Names. Street names shall be as approved by the Planning and Zoning Commission. Names shall not duplicate existing street names. The Commission may adopt policies, as deemed appropriate, to guide the naming of streets.

   (g)   Street Signs and Pavement Markings. Subdividers shall submit a signage and pavement marking plan for review and approval by the Village Engineer. The Subdivider shall be responsible for installation of all required street and traffic control signage.

(Ord. 1999-47. Passed 10-13-99.)

   (a)   Zoning Conformance. The lot size, width, depth, and the minimum building setback lines shall conform to the Village of Orange Zoning Ordinance.

   (b)   Corner Lots. Corner lots shall have extra width to permit appropriate building setback from the orientation to both streets.

   (c)   Access to Public Streets. The subdividing of land shall provide each lot with access to a public street.

   (d)   Double-Frontage Lot. Lots shall not be laid out so that they have frontage on more

than one street except:

      (1)   Where the lots are adjacent to the intersection of two streets.

      (2)   Where it is necessary to separate residential lots from major highways.

   Where double-frontage lots are created adjacent to major arterials, a reserve strip along the major arterial shall be deeded to the Village. The plat shall state that there shall be no right of access across such reserve strip. The Planning and Zoning Commission may require that six-foot high solid board fence or masonry wall be constructed or that a ten-foot wide planting screen be provided.

   (e)   Lot Lines. Lot lines shall be substantially at right angles or radial to street lines.

   (f)   Lot Arrangement. Lots shall be so arranged and designed as to provide satisfactory building sites properly related to the topography of the site and the character of the surrounding development.

(Ord. 1999-47. Passed 10-13-99.)

   (a)   Drainage Easements. Where a subdivision is traversed by a water course, drainage way, channel, storm conduit, or stream there shall be provided to the Village, a storm water or drainage easement conforming substantially with the lines of such water course and containing such additional width as required.

   (b)   Roadside Easements. Easements ten (10) feet in width shall be provided adjacent to each side of and contiguous with all proposed rights-of-way. Such easements shall be usable for any and all utilities.

   (c)   Lot Line Easements. Easements at least ten (10) feet in width shall be provided along all rear and side lot lines for utilities and drainage.

   (d)   Access Easements. Where subdivisions are adjacent to schools, parks, or other public facilities, access easements shall be provided to those facilities where deemed appropriate by the Planning and Zoning Commission. Such an access easement shall be a minimum of 20 feet in width, and side yard setbacks for adjacent lots shall be measured from the easement.

(Ord. 1999-47. Passed 10-13-99.)

   All utilities (including but not limited to gas, electric, telephone, and CATV cables) shall be located underground throughout the subdivision. Wherever existing utility facilities are located above ground, except within public right-of-way, they shall be removed and placed underground.

(Ord. 1999-47. Passed 10-13-99.)

   Street lights shall be installed and shall conform to the standard established by the Village for subdivision street lighting.

(Ord. 1999-47. Passed 10-13-99.)

   (a)   All improved areas within dedicated street rights-of-way shall be graded, topsoiled, and seeded. Street trees shall be required and planted in accordance with the approved landscape plan. The number, type, and location of trees planted shall be based upon the existing trees preserved on the site and the extent of entrance plantings or other special landscaping proposed and shall be shown on a landscaping plan to be submitted with the final plat. Cul-de-sac islands and special landscape feature areas shall have irrigation systems installed to provide adequate watering. Landscaping plans shall be compatible with Village standards for street trees and the provisions of Chapter 1375.

   (b)   The subdivider shall be responsible for the establishment of required trees and such responsibility shall extend for one (1) year from the date of original planting. The performance bond required under Section 1131.01 shall include the planting and replacement of street trees.

(Ord. 1999-47. Passed 10-13-99.)

   All proposed subdivisions shall conform to the Village of Orange Comprehensive Plan. Whenever a tract to be subdivided embraces any part of a major arterial or collector street shown on the adopted Comprehensive Plan, such part of the proposed public way shall be platted by the subdivider in the location and of the width indicated on the adopted Comprehensive Plan.

(Ord. 1999-47. Passed 10-13-99.)

   Where the boundary of the subdivision incorporates areas shown as parks, schools, or other public areas in the Comprehensive Plan, such area shall be designated for the specified use and shall either be dedicated to the Village for said purpose, or made available for acquisition by the Village within a reasonable period of time.

(Ord. 1999-47. Passed 10-13-99.)

   Where subdivisions contain common areas, open spaces, or drainage facilities, the proposed ownership of same shall be identified and a perpetual maintenance plan submitted to the Village for review and approval. Said plan shall set forth the responsibility for maintenance of all such areas and shall describe the method of financing the maintenance program. Orange Village shall be made a party to such financing and maintenance arrangements with no obligations therefor but with authorization to compel compliance with said provisions.

(Ord. 1999-47. Passed 10-13-99.)

   As part of the subdivision review process, the Planning and Zoning Commission may, where it deems such action to be appropriate and necessary, establish building design standards intended to control and guide the architectural treatment of buildings constructed within the proposed subdivision. Such standards, when so established, shall be made a part of the restrictive covenants for said subdivision and shall govern the future development of buildings within the project.

(Ord. 1999-47. Passed 10-13-99.)

   Prior to the granting of final plat approval, the subdivider shall have designed, furnished, and installed or shall have furnished adequate bond or surety to guarantee the installation of the improvements required in this Chapter. All of the required improvements shall be made in full compliance with the specifications for each of the various units of work, as required by the governmental authority having jurisdiction.

(Ord. 1999-47. Passed 10-13-99.)

   All streets and thoroughfares shall be graded to their full right-of-way width, including side slopes, and improved in accordance with the standards set forth herein. Plans and specifications for street improvements shall be subject to approval by the Village.

   (a)   Residential Streets. All residential collector and local streets shall be designed and constructed in conformance with the criteria contained in Appendix "A".

   (b)   Non-residential Streets. All non-residential collector and local streets shall be designed and constructed in conformance with the criteria contained in Appendix "B".

(Ord. 1999-47. Passed 10-13-99.)

   Concrete sidewalks having a minimum width of five (5) feet and a minimum thickness of four (4) inches shall be installed along both sides of all streets. All sidewalks in driveways shall have a minimum thickness of six (6) inches and must be sawed parallel to the curb at the driveway. All sidewalks must meet ADA standards.

(Ord. 1999-47. Passed 10-13-99.)

   Street name signs, traffic control signs, and pavement markings shall be provided and installed by the subdivider as required by the Village Engineer, Police Chief, and Service Director.

(Ord. 1999-47. Passed 10-13-99.)

   All necessary facilities, including underground pipe, inlets, catch basins or open drainage ditches, as determined by the Planning and Zoning Commission, with the advice of the Village Engineer, shall be installed to provide for the adequate disposal of subsurface and surface water and maintenance of natural drainage courses. All storm drainage facilities within the subdivision shall connect to an adequate drainage course.

   (a)   Storm Sewers and Storm Water Drainage. Storm sewers shall be provided on all improved streets. A drainage system adequate to serve the need of the proposed new streets and the entire subdivision will be required in new subdivisions. Where an adequate public storm sewer main is available near the subdivision boundary, the subdivider shall construct a storm sewer system and connect with such storm sewer main. If such storm sewer systems are not accessible, the subdivider shall construct a storm sewer system and provide a headwall for discharge to natural drainage channels with easements of adequate width.

   (b)   Culverts and Bridges. When natural drainage channels intersect any street right-of way, it shall be the responsibility of the subdivider to have satisfactory bridges and culverts designed and constructed. Where culverts are required, the following minimum requirements shall be observed:

      (1)   All culverts shall extend across the entire right-of-way width of the proposed road. The cover over the culvert and its capacity shall be approved by the responsible governmental official, depending upon jurisdiction. The minimum diameter of a culvert pipe shall be eighteen (18) inches. Headwalls shall be required.

      (2)   Driveway culverts shall be a minimum length of twenty (20) feet. The minimum diameter shall be twelve (12) inches. The length and diameter of driveway culverts shall be subject to the approval of the Village Engineer The driveway culverts shall be laid so as to maintain the flow lines of the ditch or gutter. Headwalls may be required.

   (c)   Standards and Specifications for Drainage Facilities. The construction of storm water drainage improvements shall be in accordance with such standards and specifications as may be adopted by the Village or established by the Village Engineer.

(Ord. 1999-47. Passed 10-13-99.)

   In addition to the other storm drainage requirements set forth in this Chapter, stormwater runoff control shall be provided. In general, it is the intent of this section to control the discharge rate of stormwater to prevent accelerated runoff, flooding and stream channel erosion that occurs as a result of development. The design and construction of stormwater detention facilities shall be in accordance with Chapter 1377.

(Ord. 1999-47. Passed 10-13-99.)

   (a)   Where a public water supply system is reasonably accessible, subdivisions shall be provided with a complete water distribution system which conforms to all of the requirements of the Cleveland Water Department, the Ohio Environmental Protection Agency and the Village Engineer for the installation of such systems and with the requirements of the Village Fire Chief with regard to hydrant locations and fire protection measures.

   (b)   Where a public water supply system is not reasonably available, subdivisions may be served by individual on-site wells in conformance with the requirements and standards of the County Health Department and the Village Engineer.

(Ord. 1999-47. Passed 10-13-99.)

   (a)   Where a public sanitary sewer system is reasonably accessible, sanitary sewers shall be installed to adequately serve all lots within the subdivision in conformance with all of the requirements of the wastewater treatment plant operator, the Ohio Environmental Protection Agency and the Village Engineer for the installation of such systems.

   (b)   Where a public sanitary sewer system is not reasonably available, subdivisions may be served by individual on-site sewage disposal systems in conformance with the requirements and standards of the County Health Department, the Ohio Environmental Protection Agency and the Village Engineer.

(Ord. 1999-47. Passed 10-13-99.)

   Permanent monuments shall be set at all lot corners. The type of monument and accuracy of placement shall be per "Minimum Standards for Boundary Surveys in the State of Ohio" as recorded in Chapter 4733-37 of the Administrative Code.

(Ord. 1999-47. Passed 10-13-99.)

   Electrical service, gas mains and other utilities shall be provided within each subdivision. Wherever such facilities are reasonably accessible and available, they may be required to be installed within the area prior to the approval of the final plat. All utilities shall be underground.

(Ord. 1999-47. Passed 10-13-99.)

   Street lights shall be installed by the subdivider on all streets within the subdivision, the number and location of such lights to be determined by engineering studies to be performed by the power company. Such lights shall conform to the specifications established by the Planning and Zoning Commission.

(Ord. 1999-47. Passed 10-13-99.)

   (a)   Measures shall be taken to minimize erosion and its impacts during subdivision construction activity. Detailed erosion control plans setting forth the techniques to be used both temporarily (during construction) and permanently, and a schedule for implementing or installing same shall be submitted with the final plat. All erosion control devices shall be in place at the start of construction and other measures implemented according to the approved time schedule.

   (b)   Erosion control plans shall be designed to control erosion on-site, with the object of eliminating or minimizing erosion or sedimentation impacts off-site. Techniques, devices, or measures used shall be in accordance with the standards contained in Chapter 1377.

(Ord. 1999-47. Passed 10-13-99.)

   (a)   Preconstruction Conference. A preconstruction meeting shall be held with the Village Engineer prior to the commencement of any project. At this time the project will be discussed in regard to procedure, plans, materials, inspections, etc.

   (b)   Construction Inspection. Inspection during the installation of improvements shall be made by inspectors designated by the Village to insure conformity with the approved plans and specifications. Inspectors shall be authorized to inspect all work done and all materials furnished. Such inspection may extend to all or any part of the work and to the preparation, fabrication, or manufacture of the materials used. The inspector shall not be authorized to revoke, alter, or waive any requirements of the specifications or plans. He shall be authorized to call the attention of the contractor to any failure of the work or materials to conform to the specifications and contract. He shall have the authority to reject materials which do not meet specification requirements or suspend the portion of the work involved until any question at issue can be referred to and decided by the Village Engineer. Costs of inspections and testing shall be borne by the subdivider and shall be paid in accordance with the fee schedule established by Village Council.

   (c)   Final Inspection. Upon completion of all the improvements, the subdivider shall request in writing a final inspection by the Village Engineer.

   (d)   Cooperation of Subdivider and/or Contractor. The subdivider and/or contractor shall have available on the project at all times, an approved copy of all required plans and specifications. He shall cooperate with the inspector and with other contractors in every way possible. The subdivider and/or contractor shall at all times have a competent superintendent acting as his agent on the project. The superintendent shall be capable of reading and thoroughly understanding the plans and specifications. He shall have full authority to execute the plans and specifications and to promptly supply such materials, tools, plant equipment, and labor as may be required. A superintendent shall be furnished irrespective of the amount of work sublet.

   (e)   Work Schedules. The subdivider and/or contractor shall submit work schedules to the Village Engineer. Work which has not been properly scheduled and inspected shall not be accepted by the Village Engineer.

   (f)   Mud and Dust Control. The subdivider shall be responsible for controlling dust created during construction and shall take corrective action as directed by the Village. The subdivider shall also be responsible for keeping the existing public streets free of mud from construction activity and shall periodically clear public streets of mud deposited as a result of construction.

   (g)   Repair of Damage. Any damage done to the improvements by construction traffic, local traffic, or by any other means shall be repaired or the damaged materials replaced before the next item of construction is begun.

   (h)   Final Clean-up. Upon completion of the work and before acceptance, the subdivider and/or contractor shall clean all ground occupied or affected by him in connection with the work. The entire area shall be left in a neat and presentable condition satisfactory to the Village Engineer.

   (i)   Maintenance of Improvements of Dedicated Streets. The subdivider shall be responsible for the maintenance of the improvements during the construction period and shall be responsible for providing the services necessary to guarantee access to all occupied lots, until final acceptance of the improvements by the Village. The subdivider shall be notified by the Village of the need for such maintenance or service. If the subdivider fails to perform such necessary maintenance or service within a time specified by the Village, the Village may perform such maintenance or service and bill the subdivider for such service. Payment shall be guaranteed by the performance bond.

(Ord. 1999-47. Passed 10-13-99.)

   (a)   Application for Acceptance. Upon completion of all required improvements, the subdivider shall submit to the Mayor a request to approve and accept said improvements. Such request shall be accompanied by a maintenance bond as set forth in Section 1131.02 to guarantee materials and workmanship for a period of three (3) years and as-built plans of all said improvements both in hard copy and diskette formats. (Ord. 1999-47. Passed 10-13-99.)

   (b)   Acceptance of Improvements for Maintenance and Opening of Street for Public Use.

      (1)   When all of the improvements have been completed and approved pursuant to Section 1129.13, as-built drawings have been prepared and submitted to the Village, and the subdivider has furnished the maintenance bond required by Section 1131.02, a final plat including land for public use may be submitted to the Council for acceptance of any improvements for maintenance and opening of the street for public use. The Village may consider acceptance of any improvement for maintenance and opening of a street for public use when minor improvements (for example, final paving course, sidewalks, street trees, etc.) have not been completed provided a performance guarantee, in addition to the maintenance bond required by this Section, acceptable to the Village Engineer, the Village Law Director, and the Building Commissioner has been provided to assure completion of the requisite improvements.

      (2)   The Building Commissioner shall forward a copy of the final plat including land for public use to the Law Director who shall prepare an ordinance accepting the public area improvements for maintenance for first reading at the next regularly scheduled Council meeting provided that all necessary documents were submitted to the Building Commissioner at least ten (10) days prior to the next regularly scheduled Council meeting. If the necessary documents were submitted to the Building Commissioner less than ten (10) days prior to the next regularly scheduled Council meeting, the ordinance shall be read on the first reading at the regular meeting of Council immediately following the next regular meeting. The ordinance shall be referred to the Planning and Zoning Commission for report and recommendation.

      (3)   The Planning and Zoning Commission shall act on the ordinance within ninety (90) days from the date of referral. If the Planning and Zoning Commission fails to act within ninety (90) days from the date of referral, the matter, consistent with Article III, Section 12 of the Charter, is deemed approved by the Planning and Zoning Commission.

      (4)   After receipt of reports and recommendations from Village officials and agencies, the Commission shall determine whether to recommend acceptance of the dedicated public areas and improvements for maintenance. Consistent with Article III, Section 12 of the Charter, disapproval of an ordinance accepting improvements for maintenance by the Planning and Zoning Commission requires a vote of five (5) members of Council for adoption or authorization.

         (Ord. 2008-33. Passed 5-13-09.)

   (c)   Maintenance of Improvements After Acceptance. Following acceptance of the required improvements by the Village, the Village shall provide routine preventive maintenance, however, the subdivider shall continue to be responsible for repair, reconstruction or replacement of all improvements and shall immediately repair any damages or failures due to faulty construction upon notice to do so by the Village for the time period specified in the maintenance guarantee.

   (d)   Release of Maintenance Bond. At the end of the maintenance guarantee period, if all requested repairs, reconstruction and/or replacement of improvements have been completed to the satisfaction of the Village, Council shall release the subdivider and surety from any further obligation under the terms of the maintenance bond.

(Ord. 1999-47. Passed 10-13-99.)

   (a)   Prior to the endorsement of the plat by Village Officials, the subdivider shall furnish a bond or other security in a form and amount acceptable to the Village Council. Said bond shall guarantee completion of all required public improvements associated with the subdivision in accordance with the approved plans and specifications for said subdivision. All construction covered by said bond shall be completed within one (1) year unless a greater period of time is approved by the Council. Performance bonds shall be in the amount of one hundred percent (100%) of the estimated cost of installing all required public improvements within or associated with the subdivision.

   (b)   Said bond shall remain in effect until said improvements have been completed and maintained as provided in these regulations and until released by authority of Village Council. Said bond shall provide that upon default of performance by the subdivider the Village may complete the same after 30 days written notice. In the event said improvements are not constructed within the time period designated, the Village shall have the option after thirty (30) days written notice to the subdivider to complete and maintain said improvements and to collect and receive from the surety any costs and expenses of completing said improvements.

(Ord. 1999-47. Passed 10-13-99.)

   (a)   Upon completion of construction of public improvements and certification by the Village Engineer that said public improvements have been completed according to plan and Village specifications, the subdivider shall furnish a bond providing for the maintenance of said streets for a period of three (3) years from the date of acceptance of said improvements by Village Council.

   (b)   Said maintenance bond shall be posted with the Mayor in the amount of one hundred (100) percent of the cost of improvements as determined by the Village Engineer. Said bond shall be in the form of either a cash deposit or corporate surety bond in such form as is approved by the Village Law Director. If the subdivider fails to perform such maintenance to the complete satisfaction of the Village, the Village may use funds from the maintenance bond for improvements within the subdivision.

(Ord. 1999-47. Passed 10-13-99.)

   A policy of indemnity insurance in the amount of $1,000,000/$3,000,000 personal liability and $100,000 property damage protecting the Village against any claims for damage to person or property resulting from or by reason of the construction of the subdivision improvements shall be furnished to the Village prior to the start of construction, and shall be maintained in force by the subdivider until all improvements are completed to the satisfaction of the Village Engineer and a release is approved by the Mayor. Orange Village shall be named as additional insured on said policies.

(Ord. 1999-47. Passed 10-13-99.)

   The Village may, where conditions warrant, require a restoration bond. Said bond shall be to insure repair of any damage done to existing curb, gutter, sidewalk, driveways, street pavement, landscaping, or other items within the right-of-way adjacent to a subdivision. The amount of said bond shall be as determined by Village Council based upon the recommendation of the Village Engineer of his estimate of potential damage. Restoration bonds shall be released when all damaged facilities, if any, have been restored to the satisfaction of the Village.

(Ord. 1999-47. Passed 10-13-99.)

   A title insurance policy in an amount to be determined by the Village Law Director will be issued, prior to final approval of any subdivision which includes the dedication of lands for rights-of-way, easements, or other land dedications, insuring the title of the lands to be dedicated, and that all taxes are paid on any streets or other lands dedicated to public use. The title insurance policy shall show the release by the mortgage holder, if any, of all interest in all property dedicated to a public use.

(Ord. 1999-47. Passed 10-13-99.)

   The Planning and Zoning Commission is hereby designated as the platting authority and is charged with the duty of providing regulations and making investigations and reports on the design and improvement of proposed subdivisions. The Commission is hereby authorized to approve, conditionally approve, or disapprove plats of subdivisions prepared and filed in accordance with provisions of these Regulations; subject to final approval or disapproval by the Village Council.

(Ord. 1999-47. Passed 10-13-99.)

   No changes, erasures, modifications, or revisions shall be made in any plat of a subdivision after approval has been given by the Village Council and an endorsement is made in writing on the plat, unless the plat is first resubmitted and the changes approved by the Planning and Zoning Commission and Village Council.

(Ord. 1999-47. Passed 10-13-99.)

   (a)   Whenever the tract to be subdivided is of such unusual size or shape, or is surrounded by such development or unusual conditions that the strict application of the requirement of these regulations would result in real difficulties, substantial hardship, or injustice, such requirements may be varied or modified so that the subdivider may subdivide his property in a reasonable manner; but at the same time, the public welfare and interest of the Municipality and the surrounding area are thoroughly protected and the general intent and spirit of these Regulations are enforced.

   (b)   The requirements of these regulations may also be modified and varied whenever a plat is for a complete community or neighborhood, but any such variance must insure that adequate public spaces, circulation, recreation, light and air will be provided and the needs of the entire community, when fully developed and occupied, will be fully met.

   (c)   Waivers and/or exceptions to the requirements of these regulations may be authorized by Council subsequent to receipt of a recommendation from the Planning and Zoning Commission. The Commission may recommend and Council may attach such conditions or stipulations to the granting of any waiver or exception as may be deemed appropriate to protect the public interest and to insure compliance with the intent and spirit of these regulations.

(Ord. 1999-47. Passed 10-13-99.)

   Any plat or portion thereof may be vacated by the filing of a written instrument declaring said plat or portion thereof to be vacated. Such instrument shall be submitted to the Planning and Zoning Commission who shall review same and make a recommendation to the Village Council. Council may approve, reject, or approve in part any such instrument. Upon approval by Council, said instrument may be recorded in like manner as plats of subdivisions and shall operate to destroy the force and effect of the plat, or portion thereof, so vacated.

(Ord. 1999-47. Passed 10-13-99.)

   (a)   Any person, firm, or corporation who fails to comply with, or violates, any of the regulations set forth herein, or with any order pursuant thereto, shall, upon conviction thereof, be subject to a fine of not more than one thousand dollars ($1,000.00) or imprisonment for not more than ninety (90) days or both. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.

   (b)   Appropriate actions and proceeding may be taken by law or in equity to prevent any violation of this Title, to prevent unlawful construction, to recover damages, to restrain, correct, or abate a violation, and these remedies shall be in addition to the penalties described above.

(Ord. 1999-47. Passed 10-13-99.)

   (a)   Subdividers shall be responsible for payment of subdivision review fees, deposits for compensation of professional consultants employed by the Village to review submitted plans, and construction inspection fees for review of improvements during installation in such amounts as set forth herein. Subdivision fees and deposits shall be submitted with the application for plat approval. Inspection fees shall be submitted prior to commencement of construction.

 

   (b)   Should the cost of professional consultants for review of the subdivision application and plans exceed the amount of the deposit, the Village shall notify the subdivider of the additional expense. The subdivider shall, upon receipt of said notice, immediately reimburse the Village for such additional costs. Any unused portions of deposits shall be returned to the subdivider within ninety (90) days after final action on the subdivision application or completion and acceptance of the improvements.

(Ord. 1999-47. Passed 10-13-99.)