There is hereby adopted and incorporated by reference as if set out at length herein the Summit County Subdivision Regulations, the edition currently in effect as same may be modified or amended from time to time.
(Ord. 6-2004. Passed 5-25-04.)

   Copies of the Summit County Subdivision Regulations as adopted herein are on file with the Clerk-Treasurer for inspection by the public and also on file in the County Law Library. The Clerk-Treasurer has copies available for distribution to the public at cost.

   In case of conflict between any provision of the Summit County Subdivision Regulations as adopted herein and any other City ordinance or technical code adopted, the more restrictive provision shall govern.

   Profiles of the streets to be dedicated, showing existing surface elevations on center line and proposed grade of such streets, shall be filed with the City Engineer. Profiles shall be made upon tracing paper to scale. When required by the City Engineer, a topographical map of the territory to be allotted shall be furnished in addition to the street profiles. A duplicate tracing of each street profile shall be furnished to Council.

   Title insurance in the amount of one thousand dollars ($1,000), meeting the approval of the City Solicitor, covering the lands to be dedicated, shall be filed with the record plat, showing the title to the dedicated streets good in the name of the Municipality when the plat has been filed for record. Preliminary evidence of title shall be filed prior to acceptance of any proposed dedication of streets.

   No plat or map of a proposed street or allotment showing reserve strips controlling access to public ways, or showing strips of land which will not prove taxable for special improvements, will be approved, provided, however, that such reserve strips may be shown when the control and disposal of land comprising such strips are definitely placed with the City under conditions meeting the approval of the City Engineer and the City Solicitor.

   (b)   At the time of filing the application for approval of any plat and at any time when plans and specifications for any improvement or improvements are submitted to the Council for approval, there shall be deposited with the Clerk-Treasurer an amount of money sufficient in the opinion of the City Engineer to cover the cost and expense of such investigations as may be necessary to determine whether such proposed allotment conforms to these regulations and its improvements have been made or are being installed in accordance with the requirements of these regulations and plans and specifications approved by Council. The cost and expense of such investigation, which shall be made by the City Engineer or his assistants, shall be paid from such deposit upon itemized bills rendered by such City Engineer. In case such expenditure exceeds such deposit, the excess shall be borne by the applicant. In case such expenditure is less than the deposit, the balance shall be refunded to the applicant within a reasonable time after the making of such investigation.

   Should it not be desirable or possible to install the improvements required by these regulations prior to the submission of the plat to Council for approval, then such plat may nevertheless be approved, provided a suitable surety bond or other security, acceptable to Council and approved by the City Solicitor as to legality, is given to the City , under the terms of which bond or security the completion of such improvements are assured within the time fixed by Council; and such bond or security shall further indemnify the City from any and all liability arising by reason of the unimproved conditions of the streets of such subdivision prior to improvement, or which may arise or grow out of the installation of such improvements when undertaken.

   Any person, firm or corporation being the owner or agent of the owner of any land within the City who offers for sale, enters into a contract for sale or sells, transfers, or otherwise disposes of any lot, parcel or tract of land from or in accordance with a plat or map of the subdivision or allotment of all or a part of such land, unless such plat or map shall have been approved by the authorities of the City in accordance with the provisions of these regulations is guilty of a minor misdemeanor and shall be fined not more than one hundred dollars ($100.00) for each lot or part of a lot or parcel sold, offered for sale, transferred or otherwise dealt with in violation of these regulations and the costs of prosecution.

   In addition to such penalty, the City shall also have the right by approprioate action of law or equity to enjoin, correct, restrain and abate any such violation.

   (f)    The owner of all private streets within Reminderville may be allowed to dedicate a private street as a public street within the City with the approval of City of Reminderville Council. The property owners and/or HOA who manages the private street are required to perform the following steps and procedures for the street to become dedicated as a public street within the City :

         A.   HOA shall make formal written request to the City for street dedication study.

         B.    City Council shall consider legislation for approval of street dedication study.

         C.   If Approved, City Council shall advise the HOA as to the required process for consideration of the street dedication.

      (3)    Engineering Study of Existing Infrastructure.   City Engineer shall perform analysis of the infrastructure to be considered for dedication, including, but not limited to the following areas of study:

         A.   Street geometry and minimum requirements of City Code.

         A.    City Engineer shall analyze data obtained in Step #3 and determine the following:

         B.    City Engineer shall prepare a detailed cost estimate for the items listed above, as well as other street dedication costs including but not limited to legal, survey plats, recording.

         C.   Council shall review and approve or deny the City Engineer's detailed cost estimate.

            1.   HOA to make Lump Sum payment to the City , prior to street dedication

            2.   HOA (property owners) and City to agree to assessment over 20 yr. max. term.

         A.   Petition Language, approved by City Council, shall be signed by 100% of private/HOA Property Owners or a majority of duly elected Board members authorized by Regulations or By-Laws to transfer common property on behalf of the homeowners association.

      (6)    Preparation of Legal Documents for Dedication. Dedication Plat documents shall be prepared by the City such cost to be paid by the HOA.

      (7)    Formal Dedication and Acceptance of Public Streets by Council.   City Council shall consider legislation for formal dedication of streets.

      (8)    Recording of Legal Documents for Dedication at County. City Engineer shall record documents at the County such cost to be paid by the HOA.

   (g)    For any future development of private streets in the City of Rerninderville the following criteria shall apply (such streets shall never be dedicated):

   (a)   Any map or plat laying out streets or roads when approved by Council shall have such approval endorsed thereon, and after such approval, such map or plat shall be retained by the City until it is delivered to the County Recorder. All fees required in connection with the recording of such map or plat shall be paid by the property owners causing same to be made.

   No dedication of street or streets, shall be accepted nor shall the subdivision of any land within the City be approved until the following improvements have been completed or provisions have been made guaranteeing all such improvements in conformity with this and other City ordinances relating thereto which are satisfactory to Council.

   (a)   Drainage. Adequate facilities shall be provided for the removal of surface water from all streets offered for dedication and from such other surfaces within the boundaries of the proposed subdivision as Council may determine and for the discharge thereof to establish watercourses or other approved drainage system. All culverts, drains, and other structures required in the prompt removal of such storm water shall be provided. Excluding natural drainage ways, all ditches which are a depth of eighteen inches or more located between dwellings shall be piped from the end of the lot line to the curb with the same size pipe coming from the existing sewer. If there is no existing sewer, the size of the pipe shall be in conformity with engineering design as provided by the City Engineer.

   (f)   Sidewalks. Sidewalks shall be constructed on each side of each street offered for dedication and all such walks shall connect sidewalks interminal and intersecting streets. Walks shall be of sandstone or concrete no less than five feet in width and shall conform in all respects to the provisions of City ordinances pertaining thereto.

   (g)   Underground Utilities and Street Lighting. In all residential subdivisions consisting of more than five lots which involve the improvement of streets to be dedicated to the City, the developer shall be required to install an underground electric power and telephone distribution and cable system and to install street lighting equipment fixtures and facilities. The plan for street lighting shall be submitted to the City Engineer for approval prior to the installation thereof, and shall conform with the then existing standards for roadway lighting of the Illuminating Engineering Society or with standards recommended by the Ohio Edison Company. The Engineer, however, shall have no authority to vary such standards.

   (h)   Drainage and Sediment Pollution Control. After approval of the preliminary plat and prior to the approval of the final plat and/or construction drawings, the developer shall submit to the City Engineer and the County Soils Department a general grading plan for the entire subdivision or development. The Engineer shall review the plan to insure the control of soil sediment pollution caused by accelerated erosion during development and by accelerated storm water runoff after development. If, in the judgment of the City Engineer, the topography is that the drainage of the sublots or parcels shall require the installation of storm drains or storm sewers from rear yards, open space, and phased development, such storm drains or storm sewers shall be installed by the developer at the time that the sewer and water improvements are installed in the subdivision or development.

At the time of application for a building permit for the construction of any structure the owner or builder shall submit plans of sufficient detail and scale to show topographic information and notes and other data detailing how storm water will be collected and conveyed to the approved point of discharge. The City Engineer shall approve, approve with modifications or disapprove the submitted plan within ten days after the date of submission and the applicant shall be notified in writing of the basis for any such disapproval. The Engineer shall offer assistance to the applicant in the preparation of a plan acceptable to the City.

The drainage systems approved by the Engineer for any sublot or lands shall be maintained by the owner thereof. The City shall have the right to enter onto such sublot or lands to maintain any drainage system approved by the Engineer in the event the owner thereof shall fail to correct a problem after notification by the Engineer. Any costs incurred shall be chargeable to the property owner, or made a lien on such premises, in accordance with Ohio R.C. 715.47.

   The construction of the improvements required under these regulations shall be under the general supervision of the City Engineer and in accordance with his directions, and in conformity with plans and specifications approved by such Engineer.