EDITOR'S NOTE: Chapter 1107 was repealed by Ordinance 159-11, passed October 3, 2011. Please see Chapter 2301, Comprehensive Storm Water Management.

   (a)   The City Planning Commission is hereby designated by Council as the official body to act for the City in the platting of any parcel of land in the City. No parcel of land in the City shall be divided or subdivided without first securing a final approval of such Commission.

(Ord. 67-58. Passed 4-7-58.)

   (b)   The following requirements and procedure are adopted as standard for the direction of owners and developers in making application to the Commission for approval of their respective subdivisions.

(Ord. 46-56. Passed 3-5-56.)

   (c)   As used in subsection (b) hereof, "developer" means any person, firm or corporation desiring to submit a proposed dedicatory plat to the Commission, indicating proposed lots, streets, alleys, roads, etc.

(Ord. 284-67. Passed 5-20-68.)

   Prior to the submission of any final subdivision plan, the subdivider shall file with the City Planning Commission a pencil tracing and five prints of a preliminary sketch plan of the proposed subdivision drawn to scale and covering the subdivision layout of the entire area of the owner's lands. This preliminary plan shall be accompanied by an application for approval and acceptance, as provided in Section 1103.03. The preliminary plan shall indicate the following:

   (a)   The owner's name and a general description of the location of his land shall appear in the title.

   (b)   The names of all owners of abutting property and recorded subdivisions showing dedicated street locations when the same terminate at the proposed subdivision line.

   (c)   The relation of the proposed subdivision to the vicinity and the major physical characteristics of the land.

   (d)   A layout of the subdivision including the location, width, approximate grades and curves of streets, approximate location and dimensions of lots and sublots, including sublot numbers, length of blocks, width and purposes of easements and location and approximate size of all other lands to be dedicated for public purposes.

   (e)   The approximate distances to nearby main or arterial roads.

   (f)   The topography of land embraced within the proposed subdivision (County Sanitary Engineer topography maps may be used for this purpose at this time).

   (g)   Proposed facilities such as methods for sewage disposal, water supply, drainage and street improvements.

   (h)   The directional flow of existing and proposed sewers.

   (i)   The location of existing sewer outlets.

   (j)   When a septic tank method of treatment is contemplated, the Preliminary Plan shall carry the approval of the County Board of Health (this approval may be made by letter).

   (k)   A tentative "approval" clause for the City Planning Commission Secretary, which shall provide date spaces.

   (l)   The location of play areas, parks, etc., when applicable.

   (m)   Proposed deed restrictions, building setback lines and such other information as may be required by these Subdivision Regulations.

   Unless the subdivision can be adequately and economically served with such public facilities and services as are suitable in the circumstances, the subdivision shall not be approved. The pencil tracing and one print of the approved, conditionally approved or disapproved preliminary plan, together with the memorandum of approval, conditional approval or disapproval, if any, shall be returned to the subdivider within a period of thirty days, after all the necessary information has been submitted. The other four prints of the sketch shall be retained by the Commission.

(Ord. 53-49. Passed 8-15-49; Ord. 46-56. Passed 3-5-56.)

   The application accompanying the preliminary plan shall include the following clauses and information:

   (a)   An owner's clause showing acceptance of the subdivision and including the owner's dedication of all lands described therein over his notarized signature.

   (b)   When applicable, a clause indicating the waiver of dower rights over the notarized signature.

   (c)   When applicable, a clause indicating the release of the mortgage holder over his notarized signature.

   (d)   A clause for final acceptance or approval by the City Planning Commission with spaces for dates and the Secretary's signature.

   (e)   A clause for acceptance by Council with spaces for ordinance number and dates over the space for the Clerk of Council's signature.

(Ord. 46-56. Passed 3-5-56.)

   Street improvement plans shall not be approved by the City Engineer for any street unless the following procedure is followed:

   (a)   Approval by City Engineer and Solicitor. All street improvement plans shall be submitted for approval by the City Engineer and, when necessary, easements covering the streets and other areas shall be filed with and approved by the Solicitor.

   (b)   Street Grading Plans. A cloth tracing and four prints of the street grading plan shall be submitted for approval by the City Engineer. The four approval prints shall be retained by the City and the signed tracing returned to the owner.

(Ord. 46-56. Passed 3-5-56.)

   (c)   Sanitary Sewer Plans. Where sanitary sewer installations are required, a cloth tracing and one print of the same shall be submitted for approval by the City Engineer. The tracing and print shall be retained by the City.

   (d)   Storm Sewer Plans. When the septic tank method of sewage disposal is proposed, a cloth tracing and one print of the same shall be submitted for the City Engineer's approval and a letter indicating the approval of the County Board of Health for use of septic tanks in the particular area shall accompany this submission or shall have been previously filed with the City. The print shall be retained by the City and the signed tracing returned to the owner.

   (e)   Water Main Plans. When water mains are to be installed, a cloth tracing and one print of the same shall be submitted for the City Engineer's approval. The print shall be retained by the City and the signed tracing returned to the owner, who shall submit prints to the City of Cleveland Department of Public Utilities for its approval. After final approval by the City of Cleveland, one print indicating this approval shall be furnished the City Engineer and the previously submitted print destroyed.

   (f)   Curb Connection Installations. All sewer and water plans shall include sewer and water curb connection installations.

(Ord. 46 56. Passed 3-5-56.)

   (g)   Drainage Plans.

      (1)   Rear yard. A cloth tracing and one print of the plans and specifications for rear yard draining within a proposed development shall be submitted for approval by the City Engineer. Such plans and specifications shall include a catch basin for every 40,000 square feet of area being drained, such system to include, if necessary, any surrounding areas outside the proposed development.

(Ord. 284-67. Passed 5-20-68.)

      (2)   Surface. A complete set of plans and specifications for surface drainage in a development within the City shall be submitted to the City Engineer for his approval, and any easements required for the installation of swales and/or sewers to receive surface drainage shall be so indicated in such plans and specifications.

(Ord. 331-67. Passed 11-20-67.)

   (h)   Underground Communication Electric Power and Street Lighting Plans. The preliminary plat with respect to any new subdivision containing ten sublots or more shall be submitted to all utility companies serving the subdivision so that they may prepare plans for the installation of underground Communication electric power and street lighting, as well as to the Building Commissioner and the City Engineer for their recommendations.

(Ord. 36-67. Passed 3-6-67.)

   (i)   Paving Plans. A cloth tracing and one print of the paving plan, showing detailed construction sections and specifications shall be submitted for the City Engineer's approval. The print shall be retained by the City and the tracing returned to the owner.

   (j)   Duplicate Tracings. When requested by the City, duplicate tracings of approved plans shall be furnished by the owner.

(Ord. 46-56. Passed 3-5-56.)

   Except as provided in Section 1103.09 and as a condition of the acceptance and/or approval of a subdivision plat and/or dedication of any highway, the following improvements shall be required to be made by the alloter:

   (a)   Water and Sewer Connections.

      (1)   Where water mains and sanitary sewer outlet facilities are not reasonably accessible, storm sewers and drainage structures adequate for the drainage of the street, the lots fronting thereon and the natural drainage intercepted by such street shall be installed. Evidence must be furnished to the City Engineer, the City Planning Commission and Council that adequate water supply means and sewage outlet means meeting with the approval of Council and the County Board of Health are provided for each of the lots of the subdivision.

      (2)   Where a public sanitary sewer, storm sewer and/or water main is reasonably accessible, the subdivider shall connect with such system and provide a sewer and/or water connection for each lot. These systems shall be designed and constructed in accordance with applicable standards of the City of Parma and the City of Cleveland Department of Public Utilities.

      (3)   All sewer installations shall be made and completed according to the approved plans and in accordance with the requirements of the City and under authorized City inspection. The inspection costs are to be paid for by the owner.

      (4)   All water main installations shall be made and completed according to the approved plans and in accordance with the requirements of the City of Parma and/or the City of Cleveland Department of Public Utilities, and under authorized City inspection. The inspections costs are to be paid for by the owner.

(Ord. 49-54. Passed 4-4-54; Ord. 46-54. Passed 3-5-56.)

   (b)   Grading.

      (1)   The street shall be graded over its full width and in accordance with the approved plan previously filed with the City. This work shall be completed before any underground work begins, except when conditions such as existing topography may warrant otherwise.

      (2)   To prevent soil erosion and sewer blockage resulting from the mass grading of any subdivision, when such mass grading of any subdivision or any portion thereof results in the removal or stripping of natural vegetation from all of or any part of any sublot or sublots therein, rye grass seed or an equivalent fast growing grass seed shall be planted upon such sublot or sublots or any part or parts thereof stripped as aforesaid.

(Ord. 298-69. Passed 9-2-69.)

   (c)   Paving and Access Roadway.

      (1)   Access roadway. After the underground installations have been completed the owner shall cause that area to be occupied by the future pavement to be excavated to a depth of at least thirteen inches below, and parallel with, the established finish pavement grade. Over this area there shall be placed a No. 12 slag (or comparable material) base, choked with slag screenings and rolled to a compacted thickness of at least six inches. The surface of this base shall be maintained by the owner at not less than seven inches below finish grade at all times during the period in which building construction work is in progress and until such time that the final pavement work begins. The access roadway shall be maintained to the satisfaction of the City Engineer at all times.

         If accepted by the City Engineer, this material may be allowed to remain as an insulation course when the permanent concrete pavement is being installed, or as a partial base for the macadam type of pavement.

      (2)   Backfill settlement. No paving construction shall be started, other than that work required under subparagraph (1) hereof, until such time that trench backfill materials have been allowed to reach their final settlement (either by mechanical means or by natural causes over a longer period of time) and also not until permission to install such pavement has been granted by the City Engineer. The pavement installations shall be made in accordance with the approved plans and under the inspection furnished by the City and paid for by the owner.

      (3)   Pavement specifications. Where all facilities mentioned in subsection (a)(2) hereof are available, then the pavement shall have a minimum width of twenty-six feet with six-inch integral upright concrete curbing on all future street improvements, with four-inch vitrified pipe curb drain, including a prescribed porous backfill meeting the approval of the City Engineer. The pavement shall consist of a single wearing course composed of seven inches of Portland cement concrete with steel reinforcing meeting the standards of Item 451 - Reinforced Portland Cement Concrete Pavement of the State of Ohio Department of Transportation - Construction and Material Specifications, the January 1, 1973, edition, and shall be constructed upon a four-inch compacted layer of slag screenings or granulated slag insulation course placed upon the prepared subgrade in accordance with the specifications of the State of Ohio Department of Transportation-Construction and Material Specifications, the January 1, 1973 edition, Chapter 300 - Bases, and/or the specifications provided by the Cuyahoga County Engineer and/or the specifications provided by the Cuyahoga County Municipal Engineers Association (C.C.M.E.A.).

(Ord. 128-74. Passed 6-3-74.)

   (d)   Underground Communication Electric Power and Street Lighting. In all subdivisions of more than ten sublots, the following procedure and requirements shall be met:

      (1)   Utility easements at least ten feet in width for communication and electric power and street lighting distribution lines and facilities shall be provided on all front lot lines and along certain side or rear lot lines where necessary.

      (2)   Prior to granting final approval, the subdivider shall have installed the following, or shall have furnished adequate bond for the ultimate installation of such in accordance with the requirements of Part Thirteen - the Building Code:

         A.   Underground communication cables.

         B.   Underground distribution cables for power and street lighting from a common distribution system, and the equipment and housing necessary for the operation of the distribution system.

         C.   Adequate provision for street light lamps and standards in accordance with a design approved by Council.

      (3)   The City Planning Commission may authorize a variance from these regulations when undue hardship may result from strict compliance. In granting any variance, the Commission shall prescribe only conditions which it deems necessary or desirable for the public interest when it finds that there are special circumstances or conditions affecting the property such that the strict application of the provisions of this subsection would deprive the applicant of the reasonable use of his land.

(Ord. 37-67. Passed 3-6-67.)

   (e)   Sidewalks. Concrete or sandstone sidewalks not less than five feet in width shall be installed in accordance with City specifications and under the inspection of the City Engineer and shall be located within the street area not more than one foot off the street line and within one foot of the lot line. Sidewalks shall be installed at such time and in such locations as shall permit pedestrian traffic to use the same continuously from the farthest occupied dwelling to the nearest improved dedicated street. When occupancy of any dwelling is not contemplated prior to the completion of the permanent paving, sidewalks may be installed just prior to or immediately after the installation of the pavement.

   (f)   Culverts, Bridges, Etc. All culverts and bridges necessary within the street lines of the property to be allotted, all box culverts necessary to carry surface drains, all required drainage, outlets or crosswalks, and any work necessary at the intersection of existing streets which are being dedicated, all as determined by the City Engineer, shall be constructed only after approval by the City Engineer.

   (g)   Street Signs. City standard street signs shall be furnished and installed by the City at the owner's expense immediately after the grading operation as outlined in subsection (b) hereof has been completed, and prior to the start of building construction work. These signs shall be placed at locations designated by the City Engineer. Street signs shall be erected at all street intersections. Such signs shall conform as to materials and design to the standards adopted, which standards are on file with the Director of Public Service.

   (h)   Inspection. All of the required structures provided for in this section shall be installed, under City inspection, at the prevailing rate for inspection as provided in Chapter 185 (the General Fee Schedule).

   (i)   Easement and Insurance Requirements. No street improvement work on or in any proposed street shall be performed by the owner until after the necessary easements have been granted to and accepted by the City and the owner has caused the same to be recorded, nor shall any street improvement work be performed until insurance saving the City harmless from any and all claims for liability whatsoever has been furnished by the owner. The amount of this insurance shall be not less than one hundred thousand dollars ($100,000) for personal injury to any individual, not less than three hundred thousand dollars ($300,000) for any group of more than one person and not less than fifty thousand dollars ($50,000) for property damage.

(Ord. 43-54. Passed 4-5-54; Ord. 46-56. Passed 3-5-56.)

   (j)   Natural Gas Mains. All natural gas main installations shall be made and completed according to the approved plans and in accordance with the requirements of the City.

(Ord. 340-69. Passed 9-15-69.)

   (a)   Except as it regards a model home, no building permit shall be issued by the Building Commissioner until after the following procedure has been satisfactorily complied with:

      (1)   All necessary street improvement installations shall be completed by the owner in accordance with Section 1101.05 and accepted by the City, or performance and/or assessment bonds and/or cash placed in escrow in amounts determined by the City Engineer and approved by the Law Director, covering all improvement work remaining to be done in accordance with Section 1103.02(e), have been furnished and evidence of the same has been filed with and accepted by the Law Director.

      (2)   Street signs, as required under Section 1101.05(g), and street dedication signs, as required under Section 1101.08, have been erected upon order and as directed by the City Engineer.

      (3)   The street has been dedicated and accepted.

      (4)   The planting of rye grass seed or the equivalent, as required in Section 1101.05(b)(2), has been completed.

   (b)   No building permit for a model home shall be issued by the Building Commissioner until after the following procedure has been satisfactorily complied with:

      (1)   The developer has substantially complied with paragraph (a)(1) hereof.

      (2)   The developer has submitted a plan indicating the location and construction style of each model home proposed to be built within the subdivision.

      (3)   The planned construction of a model home will conform in all respects to any other applicable provision of this Planning and Zoning Code and State statute.

   (c)   No more than three model homes may be permitted to be built within the subdivision prior to the dedication of the street fronting the property. The construction style of each model home shall be substantially different from any other model home within that subdivision. The construction style may include, but is not limited to, colonial, split-level and ranch styles.

   (d)   No model home shall be sold prior to the dedication of the street fronting the parcel on which it is located.

(Ord. 58-92. Passed 4-6-92.)

   (a)   The owner/developer shall be responsible for keeping the development site and adjacent areas clean and free of hazards. He shall provide and maintain all necessary protection to the construction area until such time that the development has been dedicated and accepted by Council. The owner/developer shall also agree to indemnify and save harmless the City and its authorized representatives from any and all liability due to the development activities.

   (b)   The developer shall guarantee the construction and materials of all improvements for a period of three years after acceptance by the City. In order to secure the guarantee, the developer shall deposit cash or a guarantee bond, in an amount equal to twenty-five percent of the total cost of the improvements, with the Director of Public Service. The bond shall be subject to the approval of the Law Director.

   (c)   The builder shall apply to the City Engineer for a final inspection of all the above-mentioned underground improvements at the time the final inspection is requested of the Building Commissioner. The fee for the inspection shall be in accordance with Chapter 185 (the General Fee Schedule).

   (d)   At no time prior to the acceptance of the dedication of any street by Council shall the City be held liable for any injury to person or damage to property which might occur on the owner's property for any reason whatsoever.

(Ord. 304-91. Passed 1-21-92.)

   The allotter, or his successors or assigns, shall erect and maintain a conspicuous sign at the entrance of each street being developed which shall inform the general public that the street is not an accepted dedicated City street, that residents are not entitled to rubbish and garbage pickup on that street and that the City is not responsible for the maintenance of any street improvement until such time that the dedication of the street has been officially accepted through Councilmanic action.

(Ord. 46-56. Passed 3-5-56.)

   Whoever violates any of the provisions of this chapter is subject to the penalty provision of the Planning and Zoning Code found in Section 1123.99 unless otherwise specified in this chapter.

(Ord. 46-56. Passed 3-5-56; Ord. 239-08. Passed 12-15-08.)

   All maps, plans and alterations in the maps and plans of land laid out in building lots, and the streets, alleys, highways and other portions of the same, intended to be dedicated to public use, or for the use of purchasers or owners of lots fronting thereon or adjacent thereto, and all maps and drawings for the location, extension and planning of streets, parks and other public places, and of new areas, shall conform to the rules and regulations set forth by Council for the control of such areas before they shall be recorded. No person shall receive or record any map or drawing in any public office unless the same bears thereon, by endorsement or otherwise, the approval of the City Planning Commission and Council. The refusal of the map or drawing by Council shall be deemed a refusal of the proposed dedication.

(Ord. 53-49. Passed 8-15-49.)

   (a)   If, subject to the conditions of the approved Preliminary Plan, the subdivider proceeds with a proposal to dedicate any lands mentioned in Section 1103.01, he shall cause such lands to be accurately surveyed and provided with suitable monuments at all essential points along the boundaries and at street intersections and shall cause a Final Plan thereof to be prepared, accurately drawn to scale in waterproof ink on tracing cloth and indicating the exact size of all lots, proposed streets, alleys, roads, etc., minimum setback lines and other information required herein. The Final Plan shall indicate the name of the subdivision, with a general description of its location shown in the title. It shall be drawn to a scale of not less than 100 feet to an inch. It shall describe the survey of lands subdivided and all proposed thoroughfares, and the dimension of each engineering line shall be shown to the nearest one-hundredth of a foot. The scale of the drawing and a directional point shall be shown on the Final Plan. True bearings and distances to the nearest official monuments or established street lines shall be placed at all corners and angle points of plan boundary lines, at points of curve on streets, at street intersections and at sublot boundary lines, including those along the street frontage. Sublots shall be numbered consecutively. Monuments shall be made and placed in accordance with the design, standards and specifications of the City. Accurate street center line dimensions and bearings, showing the locations of street monuments which shall be later set by the owner, shall be shown. All streets and areas requiring future acceptance or dedication shall be shown in yellow shade or outline, with the names of the streets previously assigned by the City Planning Commission shown thereon. The names of all owners whose undeveloped lands abut the subdivision and the volume and page numbers of their deed records shall be shown. These names shall be the latest placed on record. The names of abutting recorded subdivisions with volume and page numbers as recorded, indicating abutting street locations as proposed or dedicated therein, shall also be shown. All easements lines, with accurate dimensions and bearings on those covering sewer and/or water installations shall be indicated, together with easement lines along rear lot lines (when applicable) for poles, conduits, etc. The correctness of the data shown upon such Final Plan shall be certified to by a licensed engineer or registered surveyor and the lands shown thereon as highways shall be dedicated by the owners thereof to public highway use. The Final Plan shall also contain blanks for signatures showing the approval of Council and the Commission. Detailed plans of water systems, storm and sanitary sewers, sidewalks and street improvements, as may be required, of the streets to be dedicated shall be submitted with the plat showing existing surface elevations and proposed grades of such streets. The proposed grade of the streets offered for dedication shall conform to the grade established or approved by the City Engineer. All elevations shall refer to the U.S. Coast and Geodetic Cleveland Regional Survey Monuments. Such Plan and profiles shall be filed with the Commission for the approval of such plan and acceptance of such dedication. The plan and profiles will become the property of the City.

(Ord. 53-49. Passed 8-15-49; Ord. 304-54. Passed 12-21-54; Ord. 46-56. Passed 3-5-56.)

    (b)   Copies of the Final Plan shall be filed, at least ten days prior to the final hearing before the Commission, with the Building Commissioner, the Director of Public Service and the City Engineer, each of whom shall carefully examine the proposed dedication and make his report to the Commission prior to its final determination on the proposed dedication.

(Ord. 304-54. Passed 12-21-54.)

   (c)   The final submission of the Final Plan for approval of the Commission shall include six prints: one for the Director of Public Service, two for the City Engineer, one for the Building Commissioner, one for the owner, and one for the Commission files.

   A duplicate linen tracing shall be furnished to and retained by the City Engineer.

   (d)   After official approval by the Commission, the City shall cause the Final Plan to be recorded. All costs of recording shall be paid by the owner.

   (e)   After all necessary street improvements have been properly installed or, in lieu of the improvement installations, performance bonds and/or assessment bonds, meeting the approval of the Solicitor, have been filed with the City, Council may accept the dedication of the streets by ordinance. Cash deposited in escrow covering the estimated cost of the improvement installations shall be acceptable in place of the bonds.

   (f)   The Solicitor shall check all clauses shown on the Final Plan as to requirements and legality prior to submission to Council for dedication and recording.

(Ord. 46-56. Passed 3-5-56.)

   In the making of such survey, Final Plan and dedication, the applicant shall observe the following requirements:

   (a)   All property so located as to include or abut on any existing or proposed main thoroughfare of the City shall be laid out in such a manner as to include and conform to such main thoroughfares. The proposed street plan shall be in conformity with a plan for the most advantageous development of the adjoining area. All proposed streets shall be in alignment with existing planned streets with which they are to connect. Proposed streets shall be so designed that they may be later projected, without hardship, into adjoining areas which are at present not subdivided. Minor streets shall be designed so that they will not become main arteries and so that through traffic will be discouraged. Proposed streets shall be adjusted to the contour of the land so as to produce usable lots and streets of reasonable gradient.

(Ord. 53-49. Passed 8-15-49.)

   (b)   In general, all other property shall be laid out so that no distance between intersecting streets shall be longer than approximately 1,000 feet. No street right of way shall be less than sixty feet in width, except that alleys not less than twenty feet in width may be laid out in the rear of lots fronting and adjoining thoroughfares which are to be used for business or commercial purposes. All streets shall intersect as nearly as possible at right angles. Not more than two streets shall intersect at one point.

(Ord. 110-57. Passed 5-20-57.)

   (c)   In general, dead-end streets shall not be accepted unless it is clear that connections to adjacent streets are not required for the coordination of the street in the vicinity.

      A dead-end street and/or a street having at its end a cul-de-sac shall have, at its end, a minimum turning radius of fifty feet to facilitate turning of fire trucks and emergency vehicles. When a street is planned to the boundary of the proposed allotment and the adjoining land is subject to allotment, a temporary turn-around may be permitted. No dead-end streets shall be more than 500 feet in length from the nearest intersecting street.

    (d)   No plan for an allotment shall be accepted by Council showing any single lots having a width of less than sixty feet at the building line, except by special permission of Council. The side lines of all lots shall extend at right angles to straight streets and radially to curved streets except where, in the opinion of the City Engineer, the topography or unusual conditions will not permit it. On all curved lots the central angle, bearing arc and cord shall be shown.

   (e)   A length and width ratio of approximately two and one-half to one shall be considered desirable. However, the depth shall not exceed three and one-half times the width except in cases where additional length is desirable to provide a buffer area adjacent to industrial or commercial developments.

(Ord. 53-49. Passed 8-15-49; Ord. 262-67. Passed 7-5-67.)

   (f)   The Planning Commission may, in specific cases, vary the application of that portion of subsection (b) hereof which relates to the maximum distance between intersecting streets, and that portion of subsection (c) hereof which relates to the maximum length of dead-end streets, for the following reasons:

      (1)   Unnecessary hardships will result from the literal application of such provisions. It must be found that there are peculiar and special hardships applicable to the property involved which are separate and distinct from the hardship for residential developers generally.

      (2)   Exceptional circumstances or conditions, such as topographical or geological conditions, exist and are only applicable to the subdivision involved, and a variance would be justified in any subdivision where the same exceptional circumstances or conditions prevail.

      (3)   Granting a variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the neighborhood in which the property is located. The mere existence of an unnecessary hardship or other exceptional circumstance is not ipso facto evidence for the granting of a variance, for such hardships must be balanced against the present conditions and the extent to which such a variance would interfere with the proper future development and rights of adjacent property.

      (4)   The granting of a variance will not be contrary to the general purpose, intent and objectives of this section.

(Ord. 293-88. Passed 11-9-88.)

   Where a street is desirable along the boundary line between two owners' holdings, and the owner of the property not subdivided does not at the time care to join in the cost of opening the street, there may be provided, at the discretion of Council, a reserve strip to prevent the adjoining owner from enjoying the improvements without cost. The control and disposal of the land comprising such strip shall be given to Council under agreement. The agreement shall provide that Council, whenever it so desires, shall dedicate the reserve strip as a part of the street and assess the abutting property for the cost of the improvements in the street.

(Ord. 53-49. Passed 8-15-49.)

   Except where otherwise permitted by Council, easements of not less than five feet shall be provided on the rear of each lot and in other locations where necessary, as determined by the City Engineer, for the installation of public service poles, pipes and conduits, and the same shall be shown and noted on the Final Plan.

(Ord. 53-49. Passed 8-15-49.)

   In general, all street corners shown on the plat shall be cut back or rounded to an extent deemed necessary by the City Planning Commission and Council, in order to secure adequate turning radii for vehicles. In general, a twenty-foot radius for all corners shall be required.

(Ord. 53-49. Passed 8-15-49.)

   Prior to final acceptance of any dedication, the applicant shall furnish Council, for the approval of the Solicitor, with an abstract, certificate of title, policy of title insurance or Torrens Certificate, showing the title to dedicate lands free of all liens and incumbrances.

(Ord. 53-49. Passed 8-15-49.)

   The owner of land within a subdivision to be developed for street dedication to the City shall pay to the City eighty dollars ($80.00) per lot for the first fifty lots, and fifty dollars ($50.00) per lot for each lot over fifty lots. Such fee shall be payable in two equal installments, one-half upon submittal of plans, and one-half prior to approval for construction. This fee is to cover the necessary investigations by the City Engineer to determine the conformity of the proposed subdivision with the requirements of this Planning and Zoning Code and all engineering involved, in seeing that the improvements provided for herein are performed in accordance with the requirements of such Code and other City ordinances. The above-stated fee shall be in addition to the amount required to be paid for field inspection of construction of improvements as provided in Section 1105.99.

(Ord. 166-59. Passed 9-21-59; Ord. 211-92. Passed 10-13-92.)

   The Final Plan shall be filed with the City Planning Commission. If found satisfactory and if all provisions are complied with, and if suitable improvements have been installed in the subdivision or, alternatively, a 100 percent performance bond has been filed pending the making of improvements, then the designated officials of the City shall indicate such approval in the Final Plan and shall submit it to the County Recorder for recording.

(Ord. 53-49. Passed 8-15-49.)

   In connection with the submission to the City Planning Commission of subdivision plans, due consideration shall be given by the owner thereof to the allocation of areas reasonably suitable for schools, playgrounds or park or recreational areas to be dedicated or deeded to public use or to be reserved by covenants in deeds to the sublots thereof for the common use of all property owners within the proposed subdivision.

   In determining such reasonable suitability, consideration shall be given to such factors as the topography of the area to be so allocated, the major physical characteristics of such area, the location thereof in relation to the remaining area of the subdivision, the proximity to electrical high tension lines (no nearer than seventy-five feet measured horizontally from the point on the ground directly beneath the high tension line), the shape of the area to be so allocated and other similar considerations relative to a determination of whether or not the area to be so allocated can be reasonably used for schools, playgrounds or park or recreation areas. If the Commission, applying the standards set forth in this section, finds that the area to be so allocated for schools, playgrounds or park and recreation areas is reasonably suitable for such uses, and if it further finds that the area to be so allocated is equal to or greater than the minimum area required by Section 1103.11 to be dedicated or deeded to the City for public park or recreational uses, the requirements of Section 1103.11 shall not be applicable to such subdivision and there shall be no requirement that land must be dedicated or deeded to the City for public park or recreational uses as a condition precedent to the approval of a subdivision by the Commission.

(Ord. 72-91. Passed 4-1-91.)

   In the interests of public safety, health and welfare, to provide proper open spaces for circulation of light and air and to avoid future congestion of population detrimental to the public safety, health and welfare, no subdivision plat shall be approved by the City Planning Commission, except as provided in Sections 1103.10, 1103.12 and 1103.13 unless, in addition to all other lawful requirements, after deducting the area of such subdivision to be dedicated or deeded for public street, sidewalk or utility purposes, five percent of the balance of the area of such subdivision is dedicated or deeded to the City for public park or recreational uses, provided that the area to be so dedicated or deeded to the City for public park or recreational uses must be reasonably suitable, in the judgment of the Commission, for use as a public park or recreational area. In determining such reasonable suitability, the Commission shall consider such factors as the topography of the area to be so dedicated or deeded, the major physical characteristics of such area, the location thereof in relation to the remaining area of the subdivision, the proximity to electrical high tension lines (no nearer than seventy-five feet measured horizontally from the point on the ground directly beneath the high tension line), the shape of the area to be so dedicated or deeded and other similar considerations as in the judgment of the Commission are relative to a determination of whether or not the area to be so dedicated or deeded can reasonably be used for public park or recreational purposes.

(Ord. 72-91. Passed 4-1-91.)

   Notwithstanding the requirement of Section 1103.11, the City Planning Commission shall have authority, after public notice and hearing as provided in Section 1103.14, to determine that it would not be adverse to the interests of public safety, health and welfare to provide proper open spaces for circulation of light and air and the avoidance of future congestion of population detrimental to the public safety, health and welfare, to approve a subdivision plan wherein less than the minimum area required by Section 1103.11 is dedicated or deeded to the City for public park or recreational uses when it is further determined by the Commission, after such public notice and hearing, that it would be unreasonable to require the minimum area as set forth in Section 1103.11 to be so dedicated or deeded and that practical difficulties or unnecessary hardship would result from such requirement. In making such determination, the Commission shall consider such factors as the following:

   (a)   The aggregate area of the subdivision after deducting the area to be dedicated or deeded for public street, sidewalk or utility purposes;

   (b)   The topography of the subdivision;

   (c)   The major physical characteristics of the land within the area of the subdivision;

   (d)   The aggregate area of the subdivision, after deducting the area to be dedicated or deeded for public street, sidewalk or utility purposes, which can reasonably be developed for uses authorized under the Zoning Code;

   (e)   The uses which may be made of the proposed subdivision under the Zoning Code and the density of population which reasonably would result from such permitted uses;

   (f)   The proximity of existing public park or recreational areas with consideration given to whether or not such existing public park or recreational areas would reasonably satisfy the need for public park and recreational areas within the proposed subdivision;

   (g)   Proposed deed restrictions and setback lines;

   (h)   Other exceptional conditions as in the judgment of the Commission are relative to a reasonable determination of the area of land to be dedicated to the City for public park and recreational uses; and

   (i)   Whether or not the refusal to approve a subdivision plan with less than the minimum area required by Section 1103.11 to be dedicated or deeded to the City for public park or recreational uses would deprive the owner of the subdivision of substantial property rights.

(Ord. 59-66. Passed 3-7-66.)

   Recognizing that in certain cases, subdivisions may be of such a minimum area that it would be unreasonable under any circumstances to require any land therein to be dedicated or deeded to the City for public park or recreational areas, neither Section 1103.11 nor 1103.12 shall apply. In such cases, in lieu of setting aside lands for park and recreation purposes, the developer shall deposit with the City moneys in an amount equal to eight percent of the unimproved value of the land being subdivided. Such moneys shall be deposited in a special account for land acquisition for park and recreation purposes. The Director of Public Service shall be responsible for the collection of such moneys. No subdivision plat shall be approved or streets dedicated to public use until such moneys are paid to the City.

(Ord. 76-72. Passed 10-16-72.)

   Public notice as required by Section 1103.12 shall mean a notice posted for fifteen days in five of the most public places in the City, as determined by Council, and published one time in a newspaper of general circulation in the City. The notice shall set forth that a subdivision plan, stating the name thereof, has been submitted to the City Planning Commission, that the owner thereof has requested that it be approved by the Commission pursuant to Section 1103.12, although less than the minimum area required by Section 1103.11 is to be dedicated to the City for public park or recreational uses, and the place, date and time that a public hearing will be held on the request. The notice shall be published at least ten days prior to the date of such hearing and posted so that fourteen full days elapse between the day the notice is posted and the date of the hearing.

(Ord. 59-66. Passed 3-7-66.)

   In those cases where land is allocated to public use as provided in Section 1103.10 or is to be dedicated or deeded to the City for public park or recreational uses pursuant to Section 1103.11 or 1103.12, the owner of the proposed subdivision, prior to approval of the subdivision plan, shall grade such area and plant it with grass seed of such quality and character, and in such amount, as is reasonably suitable for park or recreational uses, or in lieu thereof, he may furnish a 100 percent performance bond in an amount to be determined by the City Planning Commission.

(Ord. 59-66. Passed 3-7-66.)

   In those cases where land is to be deeded or dedicated to public use as required by Section 1103.10, 1103.11 or 1103.12, other than land reserved by covenants in deeds to the sublots of a proposed subdivision for the common use of all property owners within the proposed subdivision, the proposed streets of such subdivision shall not be dedicated to public use until the owner of such proposed subdivision delivers a good and sufficient warranty deed conveying title in such deeded land to the City free and clear of all liens, encumbrances, taxes and assessments, both general and special, except zoning and building ordinances.

   Prior to the dedication to public use of the streets within such proposed subdivision, the deed shall be deposited with an escrow agent selected by the Solicitor on such terms as the Solicitor deems necessary. The deed shall be recorded by the Solicitor upon the acceptance of such streets for dedication and the issuance of a title guaranty in the amount of the value of the land, which title guaranty shall show good title in the City free and clear of all liens, encumbrances, taxes and assessments, both general and special, except zoning and building ordinances of record. All escrow fees, the recording fees and the cost of the title guaranty shall be paid by the subdivider.

(Ord. 35-72. Passed 6-19-72.)

   No person, being the owner or agent of the owner of any land within the City, shall willfully transfer, contract to sell or sell any lot, parcel or tract of such land from or in accordance with a plat of a subdivision, as specifically defined in Ohio R.C. Chapter 711, before the plat has been recorded in the office of the County Recorder. The description of the lot, parcel or tract by metes and bounds in the deed of transfer or contract to sell shall not serve to exempt the seller from the requirements of this section. The sale of lots, parcels or tracts from a plat of a subdivision on which any and all areas indicated as streets or open grounds are expressly indicated as for the exclusive use of the abutting or other owners in the subdivision, and not as public streets, ways or grounds, shall not serve to exempt the seller from the requirements of this section.

(Ord. 154-86. Passed 9-15-86.)

   (a)   Whenever any plan for the development of a subdivision is initially filed with the City Planning Commission, it shall have attached to it a listing of all persons, with their addresses of record, who, at the date of filing, own land which at any point abuts any land within the proposed subdivision.

   (b)   Upon the filing of such plan, the City Engineer shall forthwith cause written notice to be sent by regular U.S. mail to each landowner so identified. The notice shall advise the landowner that a plan has been submitted to the City for the development of land which abuts his or her land, that details of the proposal and its status may be obtained at the office of the City Engineer and that the landowner may submit comments to the City concerning the proposal. The notice may be sent by postcard. The actual costs for postage and processing of such notice shall be charged to and reimbursed by the person who submitted the plan for approval. A period of no less than seven days shall elapse between the mailing of the notice to those identified in subsection (a) hereof and the meeting of the Commission where the plan will be discussed.

   (c)   If the proposed plan is submitted in preliminary and then final form or is amended during the course of its evaluation by the City, and if there is a substantial change made in the layout of the proposed subdivision, an additional notice shall be given as set forth in subsection (b) hereof before any final approval is given by the Commission

   (d)   The Commission shall not give final approval to any subdivision until at least fourteen days have passed from its first public meeting thereon, during which time residents shall be permitted to voice objections thereto.

   (e)   If a notice required under this section is unintentionally not sent by the City Engineer or, having been sent, is not delivered or not received or not received timely by the landowner, such failure shall not affect the validity of approval by the City of any subdivision which is in all other respects lawfully given.

(Ord. 161-86. Passed 10-20-86; Ord. 273-86. Passed 12-1-86.)

   (a)   Prior to final approval by the Planning Commission and prior to construction of any subdivision, a Soil Survey and Stabilization Report relating to the suitability of site development must be submitted to the Planning Commission. After review of the initial survey report, any additional testing or information, including, for example, cross-sections, must be submitted upon request of the Planning Commission or the City Engineer after a determination by the City Engineer that such additional information is required. All reports must be prepared by a registered engineer experienced in the field of geotechnical engineering.

   (b)   Prior to acceptance and dedication of a subdivision by Council, a report must be submitted from a registered engineer experienced in the field of geotechnical engineering regarding the as-built soil conditions and suitability for building upon the site. Any unsuitable condition must be remedied prior to approval for acceptance and dedication.

(Ord. 125-96. Passed 7-1-96.)

   All embankment construction and earthwork which is required for subdivision development must comply with the requirements of the latest edition of the State of Ohio Department of Transportation Construction and Material Specifications, which is kept on file and available for review in the Engineering Department.

(Ord. 125-96. Passed 7-1-96.)

   (a)   Prior to final approval by the Planning Commission and prior to construction of any subdivision, any permits required related to disturbance of wetlands and/or streams shall be secured by the developer.

   (b)   The Planning Commission shall have the authority to require any other approvals deemed necessary by agencies other than the City to be secured prior to final approval of the Planning Commission and construction.

(Ord. 188-00. Passed 11-8-00.)

   Whoever violates any of the provisions of this chapter is subject to the penalty provision of the Planning and Zoning Code found in Section 1123.99 unless otherwise specified in this chapter.

(Ord. 239-08. Passed 12-15-08.)

   Council hereby declares as a matter of policy that the preservation, protection, perpetuation and use of areas, sites, buildings, structures, works of art and other objects having a special historical, prehistoric, archaeological, community or aesthetic interest or value are public necessities and are required in the interest of the health, prosperity, safety and welfare of the residents of the City. The purpose of this chapter is to:

   (a)   Maintain and enhance the distinctive character of historic preservation districts and listed properties by safeguarding the architectural integrity of the various period structures and to prevent intrusions and alterations within such preservation districts that would be incompatible with their established character;

   (b)   Protect and complement the singular historical and architectural quality of the area, hereinafter defined as the preservation district, which is essentially devoid of a random mixture of old and contemporary structures and their modifications;

   (c)   Provide for the establishment of procedures whereby certain areas, structures, objects and works of art of historical, architectural or cultural importance to the community shall be safeguarded as listed properties and allowed that measure of protection afforded by a thorough study of alterations or demolition before such acts are performed; and

   (d)   Contribute to the economic, cultural and educational development of the City by:

      (1)   Protecting and enhancing attractions to residents, tourists and visitors;

      (2)   Stabilizing and improving property values;

      (3)   Improving the quality of life by enhancing the visual and aesthetic character, diversity and interest of the City;

      (4)   Fostering civic pride in the beauty and notable accomplishments of the past; and

      (5)   Promoting the use and preservation of historic locations, architecturally significant structures and other notable objects and sites for the education, enrichment and general welfare of the residents of the City and the State.

(Ord. 160-95. Passed 6-19-95; Ord. 285-95. Passed 9-5-95.)

   As used in this chapter:

   (a)   "Alter" or "alteration" means any material change in the external architectural features of any property which lies within a preservation district or has been listed under the provisions of this chapter as a landmark, not including demolition, removal or construction, but including the landscaping, of real property.

   (b)   "Applicant" means any owner, person, association, partnership or corporation who or which applies for a certificate of appropriateness in order to undertake any change on property subject to this chapter.

   (c)   "Certificate of appropriateness" means the official document issued by the Design Review Board approving and/or concurring in any application for a permit for the construction, erection, alteration, removal, moving or demolition of property, an archaeological or historic site, or a sign, in a Preservation district, or a landmark.

   (d)   "Change" means any alteration, demolition, removal or construction involving any property subject to the provisions of this chapter, including signs, landscaping and tree removal. "Change" shall include any new construction. "Change" shall not be related to ordinary maintenance or repair of any property, provided that such work involves no change in material, design, texture, color or outer appearance of such property.

   (e)   "Exterior architectural feature" means the architectural style and general arrangement of the exterior of a structure, including the type and texture of building materials and all windows, doors, lights, signs and other fixtures appurtenant thereto.

   (f)   "Historical significance" means the attributes of a district, site or property that possess integrity of location, design, setting, materials, workmanship, feeling and association, and:

      (1)   That are associated with events that have made a significant contribution to the broad patterns of our history;

      (2)   That are associated with the lives of persons significant in our past;

      (3)   That embody the distinctive characteristics of a type, period or method of construction, or that represent a significant and distinguishable entity whose components may lack individual distinction; or

      (4)   That have yielded, or may be likely to yield, information important in prehistory or history.

   (g)   "Historical site" means the real property on which:

      (1)   Property having historical significance is located; or

      (2)   There is no structure, but which is itself of historical significance and has been designated as a landmark pursuant to the provisions of this chapter.

   (h)   "Landmark" means any property or site which has special character or archaeological, historical, aesthetic or architectural value as part of the heritage, development or cultural characteristics of the City, the State or the United and States and which is designated as a landmark pursuant to the provisions of this chapter, and all property located in the City listed in the National Register of Historic Places upon notification of landmark status.

   (i)   "Landscaping" means and includes only major landscaping work that is to be on open tracts of land, parking lots, streets, alleys and other large open areas, but does not include the planting or arrangement of flowers and plants incidental to the enhancement of single properties.

   (j)   "Member" means any member of the Design Review Board.

   (k)   "Owner" means the owner or owners of record.

   (l)   "Preservation district" means any area so designated in accordance with the provisions of this chapter.

   (m)   "Property" means any place, building, structure, work of art, fixture or similar object, but shall not include real property, unless expressly provided.

   (n)   "Review Board" means the Design Review Board established under the provisions of this chapter.

   (o)   “Sign” means any object or device, or part thereof, situated outdoors, which is used to advertise, identify or display, or to direct or attract attention to, an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, motion illumination or projected images. Sign types are further defined in Chapter 1196 of the Zoning Code.

   (p)   “Site” means an archaeological or historic site.

(Ord. 160-95. Passed 6-19-95; Ord. 285-95. Passed 9-5-95; Ord. 157-22. Passed 9-18- 23.)

   (a)   The Design Review Board, hereinafter referred to as the Review Board, is hereby established and shall consist of seven members. Members shall be appointed by the Mayor with the approval of Council. All members should have a demonstrated interest in historic preservation, together with a determination to work for the overall improvement of the quality of the City's physical environment. An effort should be made to appoint persons with special expertise who may be of assistance in the efficient operation of the Review Board.

   (b)   Membership shall include:

      (1)   One member of the City Planning Commission.

      (2)   At least one registered architect.

      (3)   One civic leader.

      (4)   One member from the Department of Community Services and Economic Development.

      (5)   One representative of the designated preservation district.

      (6)   One professional in the disciplines of architectural history, archaeology, planning history, architecture, landscape architecture or related disciplines.

      (7)   One member of the religious clergy of the City.

   (c)   All members shall reside in the City, except for the members listed in paragraphs (b)(2), (4), (5) and (6) hereof, who may or may not be City residents.

   (d)   Each appointed member shall serve a term of two years and may be re-appointed for terms of two years, except that the initial appointments shall be staggered as follows: three members shall be appointed for a one-year term and may be re-appointed for terms of two years. Vacancies shall be filled within sixty days (unless there are extenuating circumstances) for the unexpired term in the same manner as original appointments are made.

   (e)   Members shall serve without compensation from the City.

   (f)   Any member of the Review Board shall be subject to removal for just cause by the Mayor, with the consent of Council.

(Ord. 160-95. Passed 6-19-95; Ord. 285-95. Passed 9-5-95.)

   (a)   As soon as convenient following their appointment to the Design Review Board, the members thereof shall meet and organize elections of a Chairperson and Secretary. The Board shall adopt its own rules of procedure and rules of procedure for conflicts of interest, and provide for regular and special meetings to accomplish the purposes of this chapter. The rules and procedures of the Board shall be made available for public inspection.

   (b)   A quorum shall consist of four members, but a lesser number may conduct public hearings or meetings at which the principal purpose is the collection of information, provided that no action binding on the Review Board shall be taken at such hearings or meetings. Decisions of the Review Board shall be made by a majority vote of the appointed members of the Board.

   (c)   There shall be at least four meetings held per year at regular intervals. Meetings will be publicly announced, open to the public and have a previously advertised agenda. Public notice must be provided prior to any special meeting.

   (d)   Minutes shall be kept and made available for public inspection. All decisions shall be made in public and the owner or person with legal or equitable interest will be given written notification of the decision.

   (e)   An annual report shall be prepared, which shall include Board activities, cases, decisions, special projects and qualifications of the members, etc. This report shall be kept on file and available for public inspection.

(Ord. 285-95. Passed 9-5-95.)

   The Design Review Board shall have the following duties:

   (a)   The Review Board shall function to improve the quality of life in the City by striving to further and achieve the spirit and purpose of this chapter.

   (b)   The Review Board shall ensure the protection of property values in order to further the City's goals of sound economic and community development.

   (c)   The Review Board may make recommendations, according to guidelines established by the Ohio Historic Preservation Office, to the Planning Commission and Council for additions or revisions to this Planning and Zoning Code, or recommend legislation that would best serve to develop, preserve, restore and beautify the City.

   (d)   The Review Board shall review and act upon all applications for certificates of appropriateness as required in Section 1104.09.

   (e)   The Review Board shall conduct or cause to be conducted or assist in conducting a continuing survey and inventory (approved by the Ohio Historic Preservation Office) of all property, sites or areas of architectural, archaeological, historical and aesthetic interest in the City which the Board, on the basis of information available or presented to it, has reason to believe are or will be eligible for designation as a landmark or preservation district.

   (f)   The Review Board shall act as a liaison, on behalf of the City, to individuals and organizations concerned with historic preservation and shall work for the continuing education of the citizens of the City with respect to the architectural and historic heritage of the City, its landmarks and preservation districts, as designated under the provisions of this chapter, and shall make every effort to improve the overall design and the environmental awareness of the people. The Review Board shall keep current a register of all landmarks and preservation districts. All landmarks shall be given a number and a description accompanied by a photograph. The reasons for designating a landmark or for recommending the establishment of additional preservation districts shall be maintained securely and set forth in writing. This register shall be made available to Council, the City Planning Commission, the Board of Zoning Appeals, the Department of Community Services and Economic Development, the Division of Engineering, the Division of Buildings and the public.

   (g)   The Review Board shall review all proposed National Register nominations within its jurisdiction. The City may substitute review procedures which expedite the National Register review requirements.

   (h)   When the Review Board considers a National Register nomination and other actions which are normally evaluated by a professional in a specific discipline, and that discipline is not represented on the Board, the Board shall seek expertise in this area before rendering its decision.

   (i)   The Review Board will encourage members to attend educational sessions at least once a year pertaining to the work and functions of the Board or on specific historic preservation issues. Barring extenuating circumstances, all Board members should attend such a session at least once yearly.

(Ord. 285-95. Passed 9-5-95.)

   In considering the designation of any area, property or site in the City as a preservation district or landmark, due to historical significance, the Review Board shall apply the following criteria:

   (a)   The character, interest or value of the area, property or site as part of the development, heritage or cultural characteristics of the City, the State or the United States.

    (b)   The location as a site of a significant prehistoric or historic event.

   (c)   The identification with a person or persons who significantly contributed to the culture and development of the City.

    (d)   The exemplification by the area, property or site of the cultural, economic, social or historic heritage of the City.

   (e)   The embodiment of distinguishing characteristics of an architectural type or specimen.

   (f)   The identification of an area, property or site as the work of an architect or notable builder whose individual work has influenced the development of the City.

   (g)   The embodiment of elements or architectural design, detail, materials or craftsmanship which represent architecture of significant character, charm or grandeur.

   (h)   A unique location or singular physical characteristic representing an established and familiar visual feature of a neighborhood or of the City.

   (i)   The portrayal of the environment of a group of people in an era of history characterized by a distinctive architectural style.

(Ord. 160-95. Passed 6-19-95.)

   (a)   When a proposal to establish a preservation district, or to designate an individual property or site as a landmark for protection, is received by or initiated by the Review Board, the owner or owners shall be notified by the Review Board, with staff assistance from the Department of Community Services and Economic Development, and the owner(s) written comments requested.

    (b)   The Review Board shall consider the proposal in terms of the criteria provided in Section 1104.06 and make a recommendation to the City Planning Commission.

   (c)   The City Planning Commission shall review the proposal and the recommendation of the Review Board in terms of the critical provisions in Section 1104.06 and shall make a recommendation to Council as required by Section 1129.07 of the Zoning Code.

   (d)   Council shall give due consideration to the findings and recommendations of the Review Board and the City Planning Commission in making its determination with respect to the proposed designation of an area, property or site as a landmark or as an additional preservation district, and shall act in accordance with this chapter and Section 1129.12 of the Zoning Code.

   (e)   After a decision by Council, the Review Board shall notify any owner or any person having a legal or equitable interest in said property of the decision by Council. All affected City departments, boards and commissions shall be notified.

   (f)   The Review Board shall cause to be recorded in the office of the Cuyahoga County Recorder a copy of each ordinance designating a preservation district or landmark.

(Ord. 160-95. Passed 6-19-95; Ord. 285-95. Passed 9-5-95.)

   (a)   No permit shall be issued by the Division of Buildings, or through otherwise established procedures, for the alteration, demolition, removal or construction of any property or site within a preservation district or for any landmark, except in cases exempted in Section 1104.12, unless the application for such permit is approved by the Review Board through the issuance of a certificate of appropriateness in the manner prescribed herein.

   (b)   No sign permit shall be issued for any sign to be erected or placed within a preservation district, or for any sign to be attached to or erected upon any landmark, unless a certificate of appropriateness has been issued for that sign in the manner prescribed herein.

(Ord. 160-95. Passed 6-19-95.)

   (a)   A certificate of appropriateness must be obtained from the Review Board to make any change to a property within a preservation district, or to a landmark, unless such property is exempted in accordance with the exclusions permitted in Section 1104.12, as determined, and a certificate of appropriateness shall also be obtained for proposed tree removals within a preservation district as prescribed herein, but shall not be required for removal of trees within street or alley rights of way by the City.

   (b)   Applications for certificates of appropriateness shall be filed with the Division of Buildings in such form as may be prescribed by the Review Board prior to the issuance of any building, sign or demolition permit.

   (c)   Within thirty days after the filing of an application for a certificate of appropriateness, the Review Board shall decide whether the proposed change is appropriate. If the proposed change is in accordance with criteria and guidelines of the Review Board, as provided for in this chapter, then the Review Board shall issue a certificate of appropriateness.

   (d)   In cases where the Review Board has disapproved of certain work, the Board shall state the reasons for such disapproval in writing and transmit the written statement to the applicant and to the Building Official, together with any recommendation the Review Board may have made for appropriate changes, before a certificate of appropriateness will be considered. The Building Official shall not issue a building permit until a certificate of appropriateness is granted. The Review Board shall make every effort to work with the applicant for a period not to exceed sixty days to develop a proposal for such change that will be compatible with the terms of this chapter so as to permit a certificate of appropriateness to be issued.

   (e)   If the Review Board is unable to work out an alternative plan that would conform to the spirit and purpose of this chapter, and the applicant still desires to execute his or her proposal, the applicant shall make application to the Zoning Board of Appeals, which, functioning under its own and otherwise prescribed rules of procedure, shall consider the positions of the applicant and the Review Board and may approve or deny the issuance of a certificate of appropriateness within thirty days of application to the Zoning Board of Appeals.

(Ord. 160-95. Passed 6-19-95.)

   (a)   In considering the appropriateness of any change, the Review Board shall take into account, in addition to any other pertinent factor, the historical and architectural style and significance of the property; the general design, arrangement, texture, material and color of the proposed change as it relates to the property in its present condition, and the relation thereof to the same or related factors in other properties, sites and areas in the immediate vicinity; and the economic enhancement of the community through the protection of property values.

   (b)   Care shall be taken to avoid the environmentally harmful effect often created by the clash of contemporary materials with those of older origin, such as aluminum or other metals, plastic, fiberglass and glass improperly used with brick, stone, masonry and wood.

   (c)   New developments within preservation districts shall be compatible with their surroundings.

   (d)   The Review Board shall refer to the criteria and guidelines for sign and design review established by the Board pursuant to the terms of this chapter. Such guidelines shall promote the conservation, development and use of properties, sites and districts within the City and shall seek to preserve the special historical, architectural, community and aesthetic integrity of the landmark or district. Such guidelines shall guide applicants in making submittals and the Review Board in making its determination as to the appropriateness of the proposed change.

   (e)   The Review Board shall consider the advice of those consultants whose opinion is sought by the Review Board with respect to any application for a certificate of appropriateness.

(Ord. 160-95. Passed 6-19-95.)

   (f)   The guidelines to be used by the Review Board shall include the Secretary of the Interior's Standards for Rehabilitation and the Advisory Council on Historic Preservation's Treatment of Archeological Properties: A Handbook.

(Ord. 285-95. Passed 9-5-95.)

   (a)   No person shall demolish any structure or exterior architectural feature within a preservation district or on a landmark until there has been filed with the Review Board an application for a certificate of appropriateness setting forth the intent to demolish such structure or exterior architectural feature, together with a written statement that such structure or exterior architectural feature is not historically or architecturally significant or otherwise worthy of preservation. Upon determination by the Review Board that such property or exterior architectural feature is not historically or architecturally significant or otherwise worthy of preservation, due to projected development of the community, a certificate of appropriateness shall be issued. The applicant shall then apply for a permit to demolish the structure or exterior architectural feature.

   (b)   If the necessity of demolition is questionable, the Review Board may delay determination of the application for a period of 180 days upon a finding that the structure is of such importance that an alternative to demolition may be feasible and should be actively pursued by both the applicant and the Review Board. In the event that action on an application is delayed, as provided herein, the Review Board may take such steps as it deems necessary to preserve the property concerned, in accordance with the purposes of this chapter. Such steps may include, but shall not be limited to, certification of a registered professional engineer that the structure of a building is unsound or would need major reinforcement to be brought under Building Code structural requirements; consideration of a use that the building would reasonably lend itself to; consultation with civic groups, public agencies and interested citizens; recommendations for acquisition of the property by public or private bodies or agencies; and exploration of the possibility of moving one or more structures or other features.

(Ord. 160-95. Passed 6-19-95; Ord. 285-95. Passed 9-5-95.)

   Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any property within a preservation district, or of any landmark, under the provisions of this chapter, provided that such work involves no change in material, design, texture, color or outer appearance, nor shall anything in this chapter be construed to prevent any change, including the construction, reconstruction, alteration or demolition of any building or feature which the Building Official has designated as an unsafe building or feature pursuant to Chapter 1527 of the Building Code, as required for public safety, due to such building or feature being in an unsafe or dangerous condition.

(Ord. 160-95. Passed 6-19-95.)

   Whoever violates any of the provisions of this chapter is subject to the penalty provision of the Planning and Zoning Code found in Section 1123.99 unless otherwise specified in this chapter.

(Ord. 239-08. Passed 12-15-08.)

   Preliminary and final site development plans shall be prepared by the developer for all proposed developments in Multifamily, Business and Industrial Districts and submitted to the City Planning Commission for review and approval.

(Ord. 231-68. Passed 12-2-68.)

   Plans for a development shall be drawn at a scale of not less than fifty feet to the inch and a plan for a division or development of a group of lots shall be drawn at a scale of not less than 100 feet to the inch and shall include:

   (a)   Survey. Property and topography, showing land owned and proposed for development, surrounding streets and adjoining lots.

   (b)   Buildings. Locations, size, height and use of all proposed main and accessory buildings; the general design, materials and color; the nearest buildings on adjoining lots.

   (c)   Traffic. Proposed system of on-site vehicular circulation; details for accessways to streets; methods for control of traffic; type of pavement.

   (d)   Parking Areas. Layout and estimate of number of spaces; landscaping and other design features; type of pavement.

   (e)   Utilities. Location, size and grade for all utility installations; connections to present or proposed facilities.

(Ord. 231-68. Passed 12-2-68.)

   (f)   Recreational Areas and Playgrounds. In Multifamily Districts, a recreational area designed for use by residents of the development. When the intended occupancy of the development includes children, a playground area of not less than five percent of the square footage of the gross floor of the building or buildings in the development, and equipment in such playground area, such as swings, slide and sandbox, shall be indicated in such plans. In no case shall the total playground area be less than 200 square feet.

   (g)   Other Site Developments. Grading and drainage; designs of landscaped yards; recreation areas; planting areas and buffers adjoining residential areas; the size, location and type of all outdoor signs; exterior lighting.

(Ord. 276-89. Passed 11-20-89.)

   The Preliminary Development Plan shall be submitted to the City Planning Commission for study and review to determine whether the Plan conforms with the provisions of the regulations set forth in this section, or how it may be revised to conform therewith.

   If the Preliminary Development Plan, together with any modifications thereof proposed by he developer, is found by the Commission to be in accord with the requirements of this section, it shall approve such Preliminary Development Plan within two months from the date of the meeting when all required plans and data were received; if not found to be in agreement therewith, the Commission shall recommend revisions to be made by the developer.

   The Commission, in reviewing the proposed Preliminary Development Plan for conformity to the provisions of this Planning and Zoning Code, shall construe the provisions liberally and it may make adjustments to certain yard and area requirements and other standards if it finds, because of skillful design in the arrangement of buildings, the layout of driveways, on-site circulation and parking areas, the design of landscaping or other site features, that functional, efficient and attractive buildings and sites, openness and other amenities will be attained and that the intent and purposes of the provisions are satisfactorily fulfilled. On the other hand, where a literal application of the provisions would result in a development which would not be satisfactory for the District, the Commission may require adjustments in the Preliminary Development Plan, such as improvements to the design and arrangement of buildings, yards, on-site circulation, control of access to streets and such other features as fences and planting, to further improve the proposed development and to protect the surrounding developments.

   Upon approval of a Preliminary Development Plan, the developer may prepare a Final Development Plan and submit it to the Commission. If the proposed Final Development Plan is found to comply with, and represents a detailed expansion of, the Preliminary Development Plan, as previously approved, and complies with any conditions which may have been imposed in the approval of the Preliminary Plan, and complies with all applicable provisions of this section, the Plan shall be approved within forty-five days from the date of the meeting when all required plans and data were received. Upon recommendation of the Final Development Plan by the Commission, the developer may then apply for a building permit which shall be issued by the Building Department if the Final Development Plan is found to comply with the Building Code and other applicable regulations of the City.

(Ord. 231-68. Passed 12-2-68; Ord. 133-10. Passed 8-30-10.)

   The Final Development Plan may be revised by the developer and resubmitted through the same procedure required for the original Preliminary and Final Development Plan.

   Failure to begin the construction of all or a substantial portion of the improvements approved by the Final Development Plan within one year after the issuance of a permit shall make the plan null and void as approved unless an extension of time is granted by Council.

(Ord. 231-68. Passed 12-2-68.)

   Prior to final approval by the Planning Commission and prior to construction, a Soil Survey and Stabilization Report relating to the suitability of site development must be submitted to the Planning Commission. After review of the initial survey report, any additional testing or information, including, for example, cross-sections, must be submitted upon request of the Planning Commission or the City Engineer after a determination by the City Engineer that such additional information is required. All reports must be prepared by a registered engineer experienced in the field of geotechnical engineering.

(Ord. 125-96. Passed 7-1-96.)

   All embankment construction and earthwork required for development must comply with the requirements of the latest edition of the State of Ohio Department of Transportation Construction and Material Specifications, which is kept on file for review in the Engineering Department.

(Ord. 125-96. Passed 7-1-96.)

   (a)   Prior to final approval by the Planning Commission and prior to construction, any permits required related to disturbance of wetlands and/or streams shall be secured by the developer.

   (b)   The Planning Commission shall have the authority to require any other approvals deemed necessary by agencies other than the City to be secured prior to final approval of the Planning Commission and construction.

(Ord. 188-00. Passed 11-8-00.)

   (a)   "Best Management Practice (BMP)" means any practice or combination of practices that is determined to be the most effective, practicable (including technological, economic, and institutional considerations) means of preventing or reducing the amount of pollution generated by nonpoint sources of pollution to a level compatible with water quality goals. BMP's may include structural practices, conservation practices and operation and maintenance procedures.

   (b)   "Category 2 Wetlands" means those wetlands classified by the Ohio Environmental Protection Agency (Ohio EPA) as Category 2 wetlands under OAC 3745-1-54 (C)(2), or current equivalent Ohio EPA classification, in accordance with generally accepted wetland functional assessment methods acceptable to the U.S. Army Corps of Engineers and Ohio EPA at the time of application of these regulations.

   (c)   "Category 3 Wetlands" means those wetlands classified by the Ohio EPA as Category 3 wetlands under OAC 3745-1-54(C)(3), or current equivalent Ohio EPA classification, in accordance with generally accepted wetland functional assessment methods acceptable to the U.S. Army Corps of Engineers and Ohio EPA at the time of application of these regulations.

   (d)   "Community" refers to the City of Parma.

   (e)   "Cuyahoga County Wetlands Inventory Map" refers to the wetlands map created by the Cuyahoga River Remedial Action Plan.

   (f)   "Engineer" means the duly appointed engineer for the City of Parma.

   (g)   "Impervious cover" means any surface that cannot effectively absorb or infiltrate water. This may include roads, streets, parking lots, rooftops, sidewalks, and other areas not covered by vegetation.

   (h)   "National Wetlands Inventory Map" means wetland maps that were created by the Fish and Wildlife Service, United States Department of Interior. These can be found in City Hall and at the Cuyahoga Soil and Water Conservation District Office.

   (i)   "Natural succession" means a gradual and continuous replacement of one kind of plant and animal group by a more complex group. The plants and animals present in the initial group modify the environment through their life activities thereby making it unfavorable for themselves. They are gradually replaced by a different group of plants and animals better adapted to the new environment.

   (j)   "Noxious weeds" means any plant species defined by the Ohio Department of Agriculture as a "noxious weed" and listed as such by the Department. For the purposes of these regulations, the most recent version of this list at the time of application of these regulations shall prevail.

   (k)   "Ohio Wetlands Inventory Map" means wetland maps that were created by the Natural Resources Conservation Service, USDA and the Ohio Department of Natural Resources. These can be found at City Hall and at the Cuyahoga Soil and Water Conservation District Office.

   (l)   "Qualified professional" means an individual competent in the areas of botany, hydric soils, and wetland hydrology, and is acceptable to the City Engineer.

   (m)   "Soil disturbing activity" means clearing, grading, excavating, filling, or other alteration of the earth's surface where natural or human made ground cover is destroyed and which may result in, or contribute to, erosion and sediment pollution.

   (n)   "Watercourse" means any natural, public or private body of water including lakes, ponds, streams, gullies, swales, or ravines having banks and a defined bed, either continuously or intermittently flowing.

   (o)   "Wetland" means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, and similar uses.

   (p)   "Wetland setback" means those lands within the community that fall within the area defined by the criteria set forth in these regulations.

(Ord. 35-02. Passed 12-29-03.)

   It is hereby determined that the wetlands within the community contribute to the health, safety, and general welfare of the residents of the community. The specific purpose and intent of this chapter is to regulate uses and developments within wetland setbacks that would impair the ability of wetlands to:

   (a)   Minimize flood impacts by reducing peak flows, or slowing the velocity of flood waters, or regulating stream base flows, or maintaining stream flow patterns.

   (b)   Minimize streambank erosion by reducing runoff volume and velocity.

   (c)   Protect groundwater quality by filtering pollutants from storm water runoff.

   (d)   Recharge groundwater reserves.

   (e)   Protect surface water quality by minimizing sediment pollution from streambank erosion, and trapping sediments, chemicals, salts, and other pollutants from flood waters and storm water runoff.

   (f)   Provide habitat for aquatic and terrestrial organisms, many of which are on Ohio's Endangered and/or Threatened Species listings.

   (g)   Benefit the community economically by minimizing encroachment on wetlands and reducing the need for costly engineering solutions, such as retention/detention basins and rip rap; to protect structures and reduce property damage and threats to the safety of watershed residents; and by contributing to the scenic beauty and environment of the community, thereby preserving the character of the community, the quality of life of residents of the community, and corresponding property values.

   (h)   Provide open space and passive recreation for activities such as hiking, nature observation, and photography.

(Ord. 35-02. Passed 12-29-03.)

   (a)   These regulations shall apply to all lands that are within the jurisdiction of the community and that border Category 2 and 3 Wetlands as defined in these regulations. No subdivision plan approval, site plan approval, nor land development plan approval shall be issued by the community without full compliance with the terms of these regulations. No building permits involving soil disturbing activities shall be issued by the community without full compliance with the terms of these regulations. No approvals or permits shall be issued by the community without full compliance with the terms of these regulations where applicable.

   (b)   Any person who violates any section of these regulations, in addition to being subject to the penalty set forth in Section 1123.99 of the Planning and Zoning Code, shall be required to restore the wetland and the wetland setback through a restoration plan approved by the community. In addition, the City shall have the authority to enforce the provisions in Section 1123.09 of the Planning and Zoning Code which includes, in addition to other recourse provided by law, the power to institute a suit for an injunction to prevent, remove, abate, enjoin, or terminate a violation of the regulations within this chapter.

(Ord. 35-02. Passed 12-29-03; Ord. 103-13. Passed 8-5-13.)

   (a)   Nothing within these regulations shall be construed to conflict with the Clean Water Act or Ohio R.C. 6111.03 et seq.

   (b)   Where these regulations impose a greater restriction upon land than is imposed or required by any other provision of law, regulation, contract, or deed, the provisions of these regulations shall control.

   (c)   These regulations shall not limit or restrict the application of other provisions of law, regulation, contract, or deed, or the legal remedies available thereunder, except as provided in subsections (a) and (b) hereof.

   (d)   If any clause, section, or provision of these regulations is declared invalid or unconstitutional by a court of competent jurisdiction, validity of the remainder shall not be affected thereby.

(Ord. 35-02. Passed 12-29-03.)

   (a)   Wetland setbacks are established as follows:

      (1)   A minimum of 120 feet surrounding and including all Category 3 Wetlands, or equivalent Ohio EPA classification.

      (2)   A minimum of seventy-five feet surrounding and including all Category 2 Wetlands, or equivalent Ohio EPA classification.

   (b)   The following conditions shall apply in wetland setbacks:

      (1)   Wetland setbacks shall be measured in a perpendicular direction from the federal or state defined wetland boundary.

      (2)   Except as otherwise provided in these regulations, the wetland and the wetland setback area shall be preserved in its natural state and shall be established and marked in the field prior to any earth disturbing activities.

(Ord. 35-02. Passed 12-29-03.)

   (a)   Prior to filing a request for approval of a preliminary site plan, a preliminary plat or a new construction building permit, the landowner shall check to see if the latest versions of National Wetland Inventory maps, Ohio Wetlands Inventory map or the Cuyahoga County Wetlands Inventory Map indicates that a wetland is present on or within 120 feet of the site. A photocopy of that section of each map will be attached to the permit application. If a potential wetland is shown on any of the three maps or if there is reason to believe that an unmapped wetland exists on or within 120 feet of the site the landowner will retain a qualified professional to survey the proposed development site for wetlands. If no wetlands are found by the qualified professional, the landowner shall submit a letter with the preliminary plat or permit application verifying that a qualified environmental professional has surveyed the site and found no wetlands. If wetlands are found, the following procedures shall be followed.

      (1)   A qualified professional shall determine the presence of Category 2 or 3 wetlands on or within 120 feet of the proposed development site using the latest version of the Ohio Rapid Assessment Method for wetland evaluation approved at the time of application of these regulations. Acceptance of this determination shall be subject to review and approval by the Engineer. As a result of this review, the Engineer may require further information from the landowner and may consult with the Cuyahoga Soil and Water Conservation District, the Ohio EPA, or other technical experts as necessary.

      (2)   If Category 2 or 3 wetlands are located on or within 120 feet of the proposed development site, the landowner shall delineate these wetlands and the wetland setback on the development site. The landowners shall identify all delineated wetlands and their associated setbacks on all subdivision plans, land development plans, and/or permit applications submitted to the community. Wetlands shall be delineated by a site survey approved by the Community Engineer using delineation protocols accepted by the U.S. Army Corps of Engineers and Ohio EPA at the time of application of these regulations. Wetland setbacks shall be delineated through a metes and bounds survey, or higher level survey, subject to review and approval by the Community Engineer. The Community Engineer may require further information from the landowner and may consult with the Cuyahoga Soil and Water Conservation District, Ohio EPA, or other technical experts as necessary.

      (3)   Prior to any soil/vegetation disturbing activity, the landowner shall delineate wetland setbacks on the development site through the use of clearly viewed, above ground markers such as stakes, posts or other methods approved by the City Engineer, and such delineation shall be maintained throughout construction.

      (4)   No approvals or permits shall be issued by the community prior to delineation of wetland setbacks in conformance with these regulations.

   (b)   Upon completion of an approved subdivision or commercial land development, wetland setbacks shall be permanently recorded on the plat records for the City and shall be maintained as open space thereafter.

(Ord. 35-02. Passed 12-29-03.)

   (a)   Open space uses that are passive in character shall be permitted in wetland setbacks, including, but not limited to, the following:

      (1)   Passive recreational uses, as permitted by federal, state, and local laws, such as hiking, fishing, picnicking, and similar uses.

      (2)   Damaged or diseased trees may be removed.

      (3)   The revegetation and/or reforestation of wetland setbacks shall be allowed.

      (4)   Streambank stabilization and erosion control measures may be allowed provided that such measures are ecologically compatible and substantially utilize natural materials and native plant species where practical and available. Such streambank stabilization and erosion control measures shall only be undertaken upon approval of an erosion control plan by the City Engineer.

      (5)   Nature trails and raised observation decks or walkways, with all dirt from post holes being removed, for the purpose of education, scientific research, and/or the personal enjoyment of nature.

   (b)   No use permitted under these regulations shall be construed as allowing public trespass on privately held lands.

(Ord. 35-02. Passed 12-29-03.)

   Any use not authorized under these regulations shall be prohibited in wetland setbacks. By way of example, the following uses are specifically prohibited:

   (a)   Construction. There shall be no structures of any kind except as permitted under these regulations.

   (b)   Dredging or dumping. There shall be no drilling, filling, dredging, or dumping of soil, spoils, liquid, or solid materials, except for noncommercial composting of uncontaminated natural materials and except as permitted under these regulations.

   (c)   There shall be no roads or driveways.

   (d)   There shall be no use of motorized vehicles of any kind, except as permitted under these regulations.

   (e)   There shall be no disturbance, including mowing, of the natural vegetation, except for such conservation maintenance that the landowner deems necessary to control noxious weeds; for such plantings as are consistent with these regulations; and for such disturbances as are approved under these regulations and for the passive enjoyment, access, and maintenance of landscaping or lawns existing at the time of passage of this regulation. Nothing in this section shall be construed as requiring a landowner to plant or undertake any other activities in wetland setbacks provided the landowner allows for natural succession.

   (f)   There shall be no parking lots.

   (g)   New surface and/or subsurface sewage disposal or treatment areas. Wetland setbacks shall not be used for the disposal or treatment of sewage except in accordance with Cuyahoga County District Board of Health regulations at the time of application of these regulations.

   (h)   Crossings of designated wetland setbacks by publicly and privately owned sewer and water lines and utility transmission lines without a permit issued by the U.S. Army Corps of Engineers and/or Ohio EPA.

(Ord. 35-02. Passed 12-29-03.)

   (a)   Non-conforming structures or uses in wetland setbacks shall be regulated under the provisions of Chapter 1181 of the Zoning Code. Where the following language is more restrictive than Sections 1181.01 through 1181.03, the following language shall prevail:

      (1)   A non-conforming use, existing at the time of passage of these regulations and within a wetland setback, that is not permitted under these regulations may be continued but shall not be changed or enlarged unless changed to a use permitted under these regulations.

      (2)   A non-conforming structure, existing at the time of passage of these regulations and within a wetland setback, that is not permitted under these regulations may be continued but shall not have the existing building footprint or roofline expanded or enlarged in such a way that would move the structure closer to the wetland.

      (3)   A non-conforming structure or use, existing at the time of passage of these regulations and within a wetland setback, that has substantial damage and which is discontinued, terminated, or abandoned for a period of six months or more may not be revived, restored, or re-established.

      (4)   A non-conforming structure or use that is discontinued may be resumed any time within six months from such discontinuance but not thereafter. No change or resumption shall be permitted that is more detrimental to wetland setbacks, as measured against the intent and objectives of these regulations and determined by the community, than the existing or former non-conforming structure or use.

   (b)   The community shall be notified by the landowner of the resumption of a discontinued non- conforming structure or use.

(Ord. 35-02. Passed 12-29-03.)

   (a)   When a landowner disagrees with the boundary of a wetland setback, the landowner may submit evidence to the City Engineer describing the boundary, presenting the proposed boundary, and justification for the proposed boundary change.

   (b)   The City Engineer shall evaluate all materials submitted and shall make a written decision within a reasonable period of time, not to exceed sixty days, a copy of which shall be submitted to the landowner. If during this evaluation, the City Engineer requires further information, this shall be provided by the landowner.

   (c)   Any party aggrieved by any such determination, or other decision or determination under these regulations, may appeal to the Board of Zoning Appeals under the provisions of Section 1127.04 of the Parma Codified Ordinances. The party contesting the location of the wetland setback as determined by these regulations shall have the burden of proof in case of any such appeal.

(Ord. 35-02. Passed 12-29-03; Ord. 147-04. Passed 9-7-04.)

   The wetland setback shall be inspected by the City as follows:

   (a)   When evidence is brought to the attention of the City that uses or structures are occurring that may reasonably be expected to violate the provisions of these regulations.

   (b)   Prior to the start of soil disturbing activities to inspect the delineation of wetland setbacks as required by these regulations. The applicant shall provide the community with at least five working days notice prior to starting such activities.

   (c)   An inspection shall be made prior to any soil disturbing activities authorized by the community under a subdivision, land development plan, and/or building permit at any site where wetlands have been determined to exist on or within 120 feet of the site in accordance with Section 1109.06. The applicant or their designated representative shall provide the community with at least five working days notice prior to starting a soil disturbing or land clearing activity.

(Ord. 35-02. Passed 12-29-03.)

   (a)   The community shall grant a variance from this regulation as provided herein. In determining whether there is unnecessary hardship or practical difficulty as to justify the granting of a variance, the community shall consider the potential harm or reduction in wetland area functions that may be caused by a proposed structure or use.

   (b)   In making a variance determination, the community shall consider the following:

      (1)   The soil type and natural vegetation of the parcel, as well as the percentage of the parcel that is a wetland. The criteria of the community's flood damage prevention and riparian setback regulations may be used as guidance when granting variances in the 100-year floodplain.

      (2)   The extent to which the requested variance impairs the flood control, erosion control, sediment control, water quality protection, or other functions of riparian and wetland areas. This determination shall be based on sufficient technical and scientific data.

      (3)   The degree of hardship this regulation places on the landowner, and the availability of alternatives to the proposed activity.

      (4)   Soil disturbing activities permitted in a wetland setback through variances should be implemented in order to minimize clearing to the extent possible, and to include Best Management Practices necessary to minimize erosion and maximize sediment control.

      (5)   The presence of significant impervious cover or smooth vegetation such as maintained lawns, in wetland setback areas compromised their benefits to the community.

      (6)   A reduction in storm water infiltration into the soil in wetland areas compromises their benefits to both the environment and the community.

      (7)   Variances should not be granted for asphalt or concrete paving in wetland setbacks.

      (8)   A parcel existing at the time of passage of this chapter is made unbuildable.

      (9)   Varying the front, rear, and side yard setbacks before the riparian and wetland setbacks are varied.

(Ord. 35-02. Passed 12-29-03.)

   For the purpose of these regulations, the following terms shall have the meaning herein indicated:

   (a)   "Best Management Practice (BMP)" is any practice or combination of practices that is determined to be the most effective, practicable (including technological, economic, and institutional considerations) means of preventing or reducing the amount of pollution generated by nonpoint sources of pollution to a level compatible with water quality goals. BMP's may include structural practices, conservation practices and operation and maintenance procedures.

   (b)   "Community," throughout these regulations, shall refer to the City of Parma or its designated representative.

   (c)   "Damaged or diseased trees" means trees that have split trunks; broken tops; heart rot; insect or fungus problems that will lead to imminent death; undercut root systems that put the tree in imminent danger of falling; lean as a result of root failure that puts the tree in imminent danger of falling; or any other condition that puts the tree in imminent danger of being uprooted or falling into or along a watercourse or on to a structure.

   (d)   "Federal Emergency Management Agency (FEMA)" means the agency with overall responsibility for administering the National Flood Insurance Program.

   (e)   "Impervious cover" means any surface that cannot effectively absorb or infiltrate water. This may include concrete or asphalt paved roads, streets, parking lots, rooftops, sidewalks, and other areas not covered by vegetation.

   (f)   "Intermittent stream" means a natural watercourse that may have some water in pools but where surface flows are non-existent or interstitial for periods of one week or more during typical summer months.

   (g)   "Natural succession" means a gradual and continuous replacement of one kind of plant and animal group by a more complex group. The plants and animals present in the initial group modify the environment through their life activities thereby making it unfavorable for themselves. They are gradually replaced by a different group of plants and animals better adapted to the new environment.

   (h)   "Noxious weed" means any plant species defined by the Ohio Department of Agriculture as a "noxious weed" and listed as such by the Department. For the purposes of these regulations, the most recent version of this list at the time of application of these regulations shall prevail.

   (i)   "100-year floodplain" means any land susceptible to being inundated by water from a base flood. The base flood is the flood that has a one percent or greater chance of being equaled or exceeded in any given year. For the purposes of these regulations, the 100-year floodplain shall be defined by FEMA or a site-specific floodplain delineation in conformance with standard engineering practices and approved by the community.

   (j)   "Ordinary high water mark" means the point of the bank or shore to which the presence and action of surface water is so continuous as to leave a district marked by erosion, destruction or prevention of woody terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristic. The ordinary high water mark defines the bed of a watercourse.

   (k)   "Perennial stream" means a natural watercourse that contains water throughout the year except possibly during periods of extreme drought.

   (l)   "Riparian area" means land adjacent to watercourses that, if naturally vegetated and/or appropriately re-vegetated and appropriately sized, limits erosion, reduces flood size flows, and/or filters and settles out runoff pollutants, or performs other functions consistent with the purposes of these regulations.

   (m)   "Riparian setback" means those lands within the community that fall within the area defined by the criteria set forth in these regulations.

   (n)   "Qualified forester" means any forester employed by the Ohio Department of Natural Resources, Division of Forestry or any person attaining the credential of Certified Forester as conferred by the Society of American Foresters.

   (o)   "Cuyahoga Soil and Water Conservation District" means the entity organized under Ohio R.C. Chapter 1515 referring to either the Soil and Water Conservation District Board or its designated employees, hereinafter referred to as Cuyahoga SWCD.

   (p)   "Soil disturbing activity" means clearing, grading, excavating, filling, or other alteration of the earth's surface where natural or human made ground cover is destroyed and which may result in, or contribute to, erosion and sediment pollution.

   (q)   "Watercourse" means any natural, perennial or intermittent lake, pond, channel, stream, river, creek or brook with a defined bed and bank or shore.

   (r)   "Wetland" means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, and similar areas.

   (s)   "Delineation." is the clear identification and marking of the boundary of wetlands, riparian areas, floodplains and/or setbacks, in the field and on site plans.

   (t)   "Official soil survey" is the soil survey of Cuyahoga County, Ohio that has been approved and adopted by the Natural Resources Conservation Service, USDA.

(Ord. 128-02. Passed 12-29-03; Ord. 289-04. Passed 12-20-04.)

   (a)   It is hereby determined that the system of rivers, streams, and other natural watercourses within the community contributes to the health, safety, and general welfare of the residents of the community. The specific purpose and intent of these regulations is to regulate uses and developments within riparian setbacks that would impair the ability of riparian areas to:

      (1)   Reduce flood impacts by absorbing peak flows, slowing the velocity of flood waters, and regulating base flow.

      (2)   Stabilize the banks of watercourses to reduce bank erosion and the downstream transport of sediments eroded from watercourse banks.

      (3)   Reduce pollutants in watercourses during periods of high flows by filtering, settling, and transforming pollutants already present in watercourses.

      (4)   Reduce pollutants in watercourses by filtering, settling, transforming and absorbing pollutants in runoff before they enter watercourses.

      (5)   Provide watercourse habitats with shade and food.

      (6)   Provide habitat to a wide array of wildlife by maintaining diverse and connected riparian vegetation.

      (7)   Benefit the community economically by minimizing encroachment on watercourse channels and the need for costly engineering solutions such as dams, retention basins, and rip rap to protect structures and reduce property damage and threats to the safety of watershed residents; and by contributing to the scenic beauty and environment of the community, and thereby preserving the character of the community, the quality of life of the residents of the community, and corresponding property values.

   (b)   The following regulations have been enacted to protect these services of riparian areas by providing reasonable controls governing structures and uses in riparian setbacks.

(Ord. 128-02. Passed 12-29-03.)

   (a)   These regulations shall apply to all lands that are within the jurisdiction of the community and that border designated watercourses as defined in these regulations.

   (b)   No subdivision plan approval, site plan approval, nor land development plan approval shall be issued by the community without full compliance with the terms of these regulations. No building permits which involves soil disturbing activities shall be issued by the community without full compliance with the terms of these regulations.

   (c)   Any person who violates any section of these regulations, in addition to being subject to the penalty set forth in Section 1123.99 of the Planning and Zoning Code, shall be required to restore the riparian area through a restoration plan approved by the community. In addition, the City shall have the authority to enforce the provisions in Section 1123.09 of the Planning and Zoning Code which includes, in addition to other recourse provided by law, the power to institute a suit for an injunction to prevent, remove, abate, enjoin, or terminate a violation of the regulations within this chapter.

(Ord. 128-02. Passed 12-29-03; Ord. 103-13. Passed 8-5-13.)

   (a)   Where these regulations impose a greater restriction upon land than is imposed or required by any other provision of law, regulation, contract, or deed, the provisions of these regulations shall control.

   (b)   These regulations shall not limit or restrict the application of other provisions of law, regulation, contract, or deed, or the legal remedies available thereunder, except as provided in subsection (a) hereof.

   (c)   If any clause, section, or provision of these regulations is declared invalid or unconstitutional by a court of competent jurisdiction, validity of the remainder shall not be affected thereby.

(Ord. 128-02. Passed 12-29-03.)

   (a)   Designated watercourses shall include those watercourses meeting any one of the following criteria:

      (1)   All watercourses draining an area greater than one-half square mile.

      (2)   All watercourses draining an area less than one-half square mile and having a defined bed and bank.

      (3)   In determining if watercourses have a defined bed and bank, the community may consult with a representative of the Cuyahoga SWCD or other technical experts as necessary.

   (b)   Riparian setbacks are established as follows:

      (1)   A minimum of seventy-five feet on both sides of Big Creek.

      (2)   A minimum of seventy-five feet on both sides of West Creek.

      (3)   A minimum of seventy-five feet on both sides of all other watercourses draining an area greater than one-half square mile and up to twenty square miles.

      (4)   Twenty-five feet on both sides of all other watercourses draining an area less than one-half square mile with a defined bed and bank as determined by the criteria in this chapter.

   (c)   Riparian setback map:

      (1)   The community shall use the Soil Survey of Cuyahoga County, Ohio, issued in December 1980 or the latest edition that shows drainage features as the map identifying designated watercourses and their riparian setbacks. The drainage features identified on the paper maps in the official soil survey and the information contained therein shall be believed to be accurate.

      (2)   At the time of application of this regulation, if any discrepancy is found between the Riparian Setback Map and the criteria for designated watercourses or riparian setbacks as set forth in these regulations, the criteria shall prevail.

      (3)   In reviewing and interpreting the maps the community may consult with a representative of the Cuyahoga SWCD and other technical experts as necessary.

      (4)   The base maps used to determine the riparian setback areas in Parma at the time of passage of this chapter are the maps in the Soil Survey of Cuyahoga County issued in 1980. The soil survey maps covering the community at the time of passage of this chapter are maps number 30, 31, 38, 39, 47, and 48. The drainage features shown on the maps are designated watercourses.

   (d)   The following conditions shall apply in riparian setbacks:

      (1)   Riparian setbacks shall be measured in a horizontal and perpendicular direction outward from the ordinary high water mark of each watercourse.

      (2)   Except as otherwise provided in these regulations, riparian setbacks shall be preserved in their natural state, except that non-conforming structures and non-conforming uses existing at the time of passage of this regulation may be continued in their existing state as determined in Section 1111.08. Riparian setbacks shall be established and marked in the field prior to any soil disturbing or land clearing activities.

      (3)   Where the 100-year floodplain is wider than a riparian setback on either or both sides of a watercourse, the riparian setback shall be extended to the outer edge of the 100-year floodplain. The 100-year floodplain shall be defined by FEMA or by the project engineer conducting a hydrologic analysis of the project area in conformance with standard engineering practices and approved by the City Engineer.

      (4)   Where wetlands are identified within a riparian setback, the minimum riparian setback width shall consist of the full extent of the wetland plus a seventy-five foot minimum setback extending beyond the outer boundary of these wetlands.

      (5)   Wetlands shall be delineated by a site survey approved by the City Engineer using delineation protocols accepted by the U.S. Army Corps of Engineers and the Ohio Environmental Protection Agency at the time of application of these regulations. If a conflict exists between the delineation protocols of these two agencies, the delineation protocol that results in the most inclusive area of wetlands shall apply.

      (6)   In the case of new subdivisions or land development plans, the developer, applicant, or designated representative shall be responsible for delineating riparian setbacks, including any expansions or modifications as required by subsection (d)(3) and (4) hereof, and identifying these setbacks on all subdivisions, land development plans, and/or building permit applications submitted to the City Engineer. This delineation shall be done at the time of application of the preliminary plan or at the time of submission of any permit applications. This delineation shall be done through a metes and bounds, or higher level survey and shall be subject to review and approval by the City Engineer. As the result of this review, the City Engineer may require further studies from the developer, applicant, or designated representative. The City Engineer may consult with the Cuyahoga SWCD or other technical experts as necessary.

      (7)   Prior to any land clearing or soil disturbing activity, riparian setbacks shall be clearly delineated, on-site by the landowner through the use of clearly viewed, above ground markers such as stakes, posts or other methods approved by the City Engineer, and such delineation shall be maintained throughout soil disturbing activities.

      (8)   No subdivision plan approval, site plan approval, nor land development plan approval shall be issued by the City prior to delineation of riparian setbacks in conformance with these regulations. No building permits which include land clearing or soil disturbing activities shall be issued by the City prior to delineation of riparian setbacks in conformance with these regulations.

      (9)   Upon completion of an approved subdivision or land development or other improvement, riparian setbacks shall be permanently recorded on the plat records for the community and shall be maintained as open space thereafter.

(Ord. 128-02. Passed 12-29-03; Ord. 289-04. Passed 12-20-04.)

   (a)   By Right Uses Without A Permit. Open space uses that are passive in character shall be permitted in riparian setbacks, including, or similar to, those listed in subsections (a)(1) through (3) hereof. No use permitted under these regulations shall be construed as allowing public trespass on privately held lands.

      (1)   Recreational activity. Passive recreational uses, as permitted by federal, state, and local laws, such as hiking, bicycling, fishing, picnicking, and similar uses.

      (2)   Removal of damaged or diseased trees. Damaged or diseased trees may be removed.

      (3)   Revegetation and/or reforestation. The revegetation and/or reforestation of riparian areas shall be allowed without approval of the City Engineer.

      (4)   Maintenance of residential lawns, gardens, and landscaping.

      (5)   Trails. Right-of-way and construction of walking paths and multi-purpose trails for non- motorized access, non-motorized recreation and/or educational purposes only and not to exceed twelve feet in width including berms.

   (b)   By Right Uses With A Permit.

      (1)   Streambank stabilization/erosion control measures. Streambank stabilization/erosion control measures may be allowed provided that such measures are ecologically compatible and substantially utilize natural materials and native plant species where practical and available. The streambank stabilization and erosion control measures shall only be undertaken upon approval of an erosion and sediment control plan by the City Engineer.

      (2)   Crossings. Crossings of designated watercourses through riparian set backs by bridges, publicly or privately owned sewer and/or water lines and public or private utility transmission lines may only be allowed upon approval of a Crossing Plan by the City Engineer. Such crossings shall minimize disturbance to riparian areas and shall mitigate any necessary disturbances. In reviewing this plan, the City Engineer may consult with a representative of the Ohio Department of Natural Resources, Division of Natural Areas and Preserves; Ohio Environmental Protection Agency, Division of Surface Water; Cuyahoga Soil and Water Conservation District; or other technical experts as necessary.

      (3)   Construction of fencing with the condition that reasonable efforts be taken to minimize the destruction of existing vegetation, provided the fence does not impede stream or flood flow, and the disturbed area is replanted to the natural or preexisting conditions before the addition of the fence, as approved by the City Engineer.

(Ord. 128-02. Passed 12-29-03; Ord. 289-04. Passed 12-20-04.)

   Any use not authorized under these regulations shall be prohibited in riparian setbacks. By way of example, the following uses are specifically prohibited, however, prohibited uses are not limited to those examples listed here:

   (a)   Construction. There shall be no structures of any kind.

   (b)   Dredging or Dumping. There shall be no drilling, filling, dredging, or dumping of soil, spoils, liquid, or solid materials, except for noncommercial composting of uncontaminated natural materials and except as permitted under Section 1111.06 of these regulations.

   (c)   Roads or Driveways. There shall be no roads or driveways, except as permitted under Section 1111.06 of these regulations. There shall be no roads or driveways permitted in wetlands or watercourses without a permit issued by the U.S. Army Corps of Engineers and/or the Ohio EPA.

   (d)   Motorized Vehicles. There shall be no use of motorized vehicles, except as permitted under Section 1111.06 of these regulations.

   (e)   Disturbance of Natural Vegetation. There shall be no disturbance of the natural vegetation, except for such conservation maintenance that the landowner deems necessary to control noxious weeds; for such plantings as are consistent with these regulations; for such disturbances as are approved under Section 1111.06 of these regulations; and for the passive enjoyment,

access, and maintenance of landscaping or lawns existing at the time of passage of these regulations. Nothing in this section shall be construed as requiring a landowner to plant or undertake any other activities in riparian setbacks.

   (f)   Parking Lots. There shall be no parking lots or other human-made impervious cover, except as permitted under Section 1111.06 of these regulations.

   (g)   New Surface and/or Subsurface Sewage Disposal or Treatment Areas. Riparian setback areas shall not be used for the disposal or treatment of sewage except in accordance with Cuyahoga County District Board of Health regulations at the time of application of these regulations.

(Ord. 128-02. Passed 12-29-03.)

   Non-conforming structures or uses in riparian setbacks shall be regulated under the provisions of Section 1181.01 of the Codified Ordinances. Where the following language is more restrictive than Section 1181.01 of the Codified Ordinances, the following language shall prevail:

   (a)   A non-conforming use, existing at the time of passage of these regulations and within a riparian setback, that is not permitted under these regulations may be continued but shall not be changed or enlarged unless changed to a use permitted under these regulations.

   (b)   A non-conforming structure, existing at the time of passage of these regulations and within a riparian setback, that is not permitted under these regulations may be continued but shall not have the existing building footprint or roofline expanded or enlarged in such a way that would move the structure closer to the stream.

   (c)   A non-conforming structure or use, existing at the time of passage of these regulations and within a riparian setback, that has substantial damage or which is discontinued, terminated, or abandoned for a period of six months or more may not be revived, restored, or re-established. This section shall also not prohibit ordinary repairs to a residence or residential accessory structure.

   (d)   In the case of a non-conforming structure within a riparian setback, the City will allow a ten foot maintenance access zone measured perpendicular to the structure, to temporarily extend further into the riparian setback as long as disturbance to existing vegetation is minimized and vegetation is restored to the pre-existing state, as near as practical, upon completion.

   (e)   In the case of a non-conforming residential structure, the City Engineer may allow minor upgrades to the structure that extend further into the riparian setback, such as awnings and pervious decks/patios, provided the modifications do not extend more than ten feet further toward the watercourse than the original foundation of the structure existing at the time of passage of this regulation, and further provided that the modification will not impair the function of the riparian zone nor destabilize any slope nor stream bank, as determined by the City Engineer.

(Ord. 128-02. Passed 12-29-03; Ord. 289-04. Passed 12-20-04.)

   (a)   The community may grant a variance to these regulations provided herein in cases where practical difficulties in the use of the property are imposed by the regulations and the need for requested relief outweighs the potential harm or reduction in riparian area functions which may be caused by a proposed use.

   (b)   In making a determination under subsection (a) hereof, the community shall consider the following factors:

      (1)   The soil type and natural vegetation of the parcel as well as the percentage of the parcel that is in the 100-year floodplain.

      (2)   The extent to which the requested variance impairs the flood control, erosion control, sediment control water quality protection, and other functions of the riparian area. This determination shall be based on sufficient technical and scientific data.

      (3)   The degree of hardship these regulations place on the landowner and the availability of alternatives to the proposed activity.

      (4)   Soil-disturbing activities permitted in the riparian setback through variances should be implemented to minimize clearing to the extent possible and to include Best Management Practices necessary to minimize erosion and maximize sediment control.

      (5)   The presence of significant impervious cover or smooth vegetation such as maintained lawns in the riparian setback compromises its benefits to the community.

      (6)   Variances should not be granted for asphalt or concrete paving within the riparian setback. Variances may be granted for gravel or porous driveways in riparian setbacks when necessary.

      (7)   A parcel existing at the time of passage of this chapter is made unbuildable.

      (8)   Varying the front, rear, and side yard setbacks before the riparian setback is varied.

      (9)   Modifying parking requirements before varying the riparian setback.

      (10)   Modifying building shape, size or design to avoid or minimize intrusion into the riparian setback.

      (11)   In the case of a lot made unbuildable by this regulation, consider the minimum variance needed to make it buildable for an appropriately sized and compatibly designed structure, while following the guidance provided in this section.

      (12)   Whether the variance will increase the likelihood for flood or erosion damage to either the applicant's property or to downstream properties.

      (13)   Culverting of watercourses should be avoided.

      (14)   Whether the variance will result in the need for artificial slope or bank stabilization measures which could interfere with the function of the riparian zone.

   (c)   When the Board of Zoning Appeals considers granting a variance, the following conditions shall apply:

      (1)   In determining whether there is unnecessary hardship with respect to the use of a property or practical difficulty with respect to maintaining the riparian setback as established in Section 1111.05 of this regulation, such as to justify the granting of a variance, the City shall consider the potential harm to riparian functions that may be caused by a 0roposed structure or use.

      (2)   The City shall give preference to varying front, rear, and side setbacks before varying the riparian setback.

      (3)   Variance shall be void if not implemented within one year of date of issuance.

(Ord. 128-02. Passed 12-29-03; Ord. 289-04. Passed 12-20-04.)

   (a)   When a landowner or applicant disputes the boundary of a riparian setback or the ordinary high water mark of a watercourse, the landowner or applicant shall submit evidence to the City Engineer that describes the boundary, the landowner or applicants proposed boundary, and justification for the proposed boundary change.

   (b)   The City Engineer shall evaluate materials submitted and shall make a written determination within a reasonable period of time not to exceed sixty days, a copy of which shall be submitted to the landowner or applicant. If during this evaluation the city requires further information, he or she may require this be provided by the landowner or applicant. In the event that the community requests such additional information, the sixty day limit on the community's review shall be postponed until such information is provided by the landowner or applicant.

   (c)   Any party aggrieved by any determination or other decision under these regulations may appeal to the Board of Zoning Appeals under the provisions of Section 1127.04 of the Codified Ordinances. The party contesting the location of the riparian setback or the ordinary high water mark of a watercourse shall have the burden of proof in case of any such appeal.

(Ord. 128-02. Passed 12-29-03.)

   (a)   Riparian setbacks shall be inspected by the City when:

      (1)   A preliminary subdivision plat or other land development plan is submitted to the community.

      (2)   A building permit is requested for an activity that will disturb the soil surface.

      (3)   Prior to any soil disturbing activity to inspect the delineation of riparian setbacks as required under these regulations.

      (4)   Prior to starting any of the activities authorized by the community under these regulations, the applicant shall provide the community with at least five working days notice prior to starting such activity.

   (b)   Riparian setbacks may be inspected periodically by the City Engineer or his or her representative for compliance with approvals under Section 1111.06(b) of these regulations or at any time evidence is brought to the attention of the community that uses or structures are occurring that may reasonably be expected to violate the provisions of these regulations.

(Ord. 128-02. Passed 12-29-03.)