Rocky River City Zoning Code
TITLE THREE
Subdivision Regulations
1105.01 SHORT TITLE.
1105.02 PURPOSE AND INTENT.
The purpose of these Regulations and the intent of Council in its adoption is: to guide and control the planning, subdividing and development of land; to provide procedures for the administration thereof in order to promote and protect the public health, safety, convenience, comfort, prosperity and general welfare of the City; and to achieve, among others, the following objectives:
(a) To encourage the orderly development and redevelopment of the land and to obtain harmonious and stable neighborhoods.
(b) To provide for the reservation and dedication of land for safe and convenient pedestrian and vehicular circulation systems and for public open spaces for schools, recreational and other public purposes.
(c) To provide for the construction of streets and utilities which shall be adequate and economical to maintain.
(d) To assure the accurate surveying of land and the preparing and recording of plats.
(e) To provide for the coordination of land development in accordance with the objectives of the Master Plan, Street Plan, Community Facilities Plan and Zoning Code of the City.
(Ord. 58-73. Passed 7-23-73.)
1105.03 DEFINITIONS.
1105.04 RELATION TO OTHER LAWS.
The provisions of the Land Planning and Subdivision Regulations shall supplement any and all laws of the State of Ohio, the Charter and ordinances of the City or any and all rules and regulations promulgated by authority of such law or ordinance relating to the purpose and scope of such Subdivision Regulations.
(Ord. 58-73. Passed 7-23-73.)
1105.05 INTERPRETATION.
In interpreting and applying the provisions of the Land Planning and Subdivision Regulations, such provisions shall be held to be the minimum requirements for the promotion of the purposes and the objectives set forth throughout the Regulations. Except as specifically provided herein, it is not intended that the Subdivision Regulations repeal, abrogate or annul any existing provision of any law or ordinance or any rule or regulation previously adopted or issued pursuant to law relating to the planning and subdivision of land and the construction of improvements thereon.
1105.06 APPROVAL WITHOUT PLAT.
(a) The exception provided by Ohio R.C. 711.131 providing that a proposed division of a parcel of land along an existing public street, not involving the opening, widening or extension of any street or road, and involving no more than five (5) lots after the original tract has been completely subdivided, is hereby adopted in its entirety by Council as part of the Development Code.
(b) The Building Commissioner is hereby authorized pursuant to Ohio R.C. 711.131 to approve such subdivisions in accordance with the provisions as set forth in such section, and shall have the authority to approve, without plat, any such subdivisions provided the criteria as established in such section is met.
(Ord. 87-76. Passed 9-13-76.)
1107.01 INTENT.
Procedures are herein established for achieving effective administration of the Subdivision Regulations, including new areas as well as those to be resubdivided and providing:
(a) Standards by which a developer may design the development, apply for review, construct land improvements and record the plat.
(b) Procedures by which the Planning Commission reviews, makes recommendations, approves the plans and plats and other administrative functions, including resubdividing.
(c) Criteria for planning and developing land consistent with the Zoning Code, and in accordance with the objectives of the Master Plan.
(Ord. 58-73. Passed 7-23-73.)
1107.02 PRE-APPLICATION MEETING.
(a) Copies of these Subdivision Regulations, the Zoning Code, Street Plan, existing and planned utilities, topographic surveys and other available maps and relevant information shall be made available by the City at a cost to be determined by Council.
(b) A developer may request a pre-application or orientation meeting with the Planning Commission and submit a sketch plan of his contemplated subdivision. The Commission shall at its next regular meeting, schedule an orientation discussion as the first step, to explain the regulations and procedures, the relationship of the Street Plan, identify problems and any special requirements and outline the application program.
(Ord. 58-73. Passed 7-23-73.)
1107.03 PRELIMINARY DESIGN PLAN.
(a) Application. The developer, having availed himself of information in regard to regulations, requirements and any special problems identified through the procedures set forth in the preceding Section, may file an application for approval of the preliminary plan. The written application shall include six (6) black line or blue line prints of the preliminary plan, or plans, along with the surveys, improvement plans and other documents as required by Chapter 1113 and such other material as the City may require, to the Building Division. Application shall be submitted at least fourteen (14) calendar days prior to the next regular Commission meeting to be included on the agenda.
The principal purposes of the preliminary plan are to explore the best design of the subdivision and its relationship to adjoining developments or vacant land, to ascertain whether it is an improvement to the local street pattern as shown on the adopted Street Plan, to outline the program of land improvements and, moreover, to obtain the suggestions and recommendations of the Commission before a firm plan is prepared.
Wherever construction of buildings is involved, the preliminary subdivision plan may be combined with an application for a Planned Unit Development of buildings as set forth in Chapter 1175 of the Zoning Code.
(b) Planning Commission Action. When the Building Division receives such application, together with all of the maps, drawings, data and plans as required in Chapter 1113, the Division shall place such application on the agenda of the next regular meeting of the Planning Commission for preliminary discussion. One (1) copy shall remain in the Building Division and one (1) copy shall be referred to the Commission's planning consultants for their review and report as to compliance with all relevant regulations, standards and criteria and recommendations for general improvements to the design. Within fourteen (14) days from receiving a preliminary plan, the City Engineer and the planning consultant shall make their reports to the Commission.
If adjoining unsubdivided land or lots are directly affected by a street connection or other features, the Commission shall schedule a public hearing and notify by mail the owners of the adjoining unsubdivided land or lots as shown upon the current records of the County Recorder, of the time and place of the hearing.
If the Commission, after an evaluation of the preliminary plan and reports of the City Engineer and planning consultant, approves or approves conditionally, the plan, the chairman and the secretary shall affix their signatures to six (6) copies of the plan with a notation that the developer is authorized to proceed thereon, subject to such special conditions as the Commission may attach. After such approval, the Commission shall return one (1) copy to the developer, submit one (1) copy to the Mayor, file one (1) copy with the Clerk, retain two (2) copies, and file one (1) copy with the Building Division. If the Commission fails to approve the preliminary plan, it shall state in its records the reason for such disapproval. The Commission shall approve, approve conditionally or disapprove within forty-five (45) days after the meeting at which the preliminary plan was received, or within a mutually agreed upon extension.
(c) Effect of Authorization to Proceed. The approval authorizes the developer to proceed using the preliminary plan as the basis for preparing the final plat and assures him that within a nine (9) month period from the date of such authorization, that the relevant regulations of the City and any special conditions attached to the approval of the plan will not be changed; provided the developer shall submit the final plat and documents for approval for the whole or part of the subdivision within nine (9) months; otherwise, the approval of the preliminary plan shall be considered null and void, unless the Commission extends the time.
(Ord. 58-73. Passed 7-23-73; Ord. 80-17. Passed 1-22-18.)
1107.04 FINAL PLAT.
(a) Application. The written application for approval of a final plat of a subdivision shall be filed with the Building Division not less than seven (7) calendar days prior to the next regular meeting of the Planning Commission at which the plan is to be reviewed. It shall include the original tracing of the final plat, the original tracing of the drawings for the improvements plan, three (3) black line or blue line tracings, three (3) sets of specifications and other maps and data and certificates as required and set forth in Chapter 1113.
The developer may also propose a sequence of development and apply for approval of a final plat and improvements plan of only that section of the preliminary plan which he proposes to develop and record as the first stage; however, the approval of the subsequent sections of the preliminary plan may be considered null and void if an application for a final plat and improvements plan approval is not submitted within one (1) year after approval of the preliminary plan, unless an extension of time is granted by the Commission.
(b) Review by City Engineer and Director of Law. The Building Division shall, upon receipt of an application, transmit two (2) copies of the drawing, specifications and related documents to the City Engineer for determination whether:
(1) The final plat conforms to the approved preliminary plans, incorporates the conditions or modification stipulated for correctness of mathematical data and computations.
(2) The designs and details of the required improvements are in conformance with the construction standards of the City, hereinafter referred to as the City's standards, and the City Engineer shall estimate the cost of improvements for the required performance bond.
Copies of the documents shall be submitted to the Director of Law for determination of conformance of certifications, bonds, insurance, protective covenants and other related aspects. The City Engineer and Law Director shall, within twenty (20) days of receipt of the documents, report their findings and recommendations to the Commission.
(c) Action by Planning Commission. If the City Engineer, Director of Law and the Commission find that the final plat, improvements plan and other documents are satisfactory in regard to all applicable provisions of these Regulations, the Commission shall recommend to Council the approval of the plat and accompanying documents. Action shall be taken within forty-five (45) days after the meeting at which the application for approval and all required plats, maps and data were submitted to the Commission, or within an extension of time as set by the Commission.
The Commission may act upon the final plat and land improvements plan either separately or concurrently. The Commission may also require the submission of plans and information on the dwellings proposed by the developer and require assurance, in the form of a surety bond, that construction of improvements shall be started within six (6) months after the approval of the final plat and accompanying documents.
(d) Council Action. Upon receiving approved copies of the final plat from the Commission, Council shall have thirty (30) calendar days within which to approve, modify or disapprove the plat.
(e) Form of Approval. The approval of the final plat shall be indicated by a certification to that effect on the original tracing of the plat with the signature of the Chairman and Secretary of the Commission and the Clerk of Council. The Commission shall obtain one (1) duplicate tracing thereof at the developer's expense before returning the tracing to him. The reason for disapproval of a plat shall be stated in the records of the Commission or Council, depending upon where the plat was disapproved.
The approval of the land improvements plan shall be indicated by a certification to that effect on the original drawings and specification with the signature of the City Engineer. Approval of the improvements, as constructed, shall likewise be certified by the City Engineer.
(f) Recording. The developer shall file the approved final plat in the office of the County Recorder. The approval of the final plat shall expire within sixty (60) days unless within that period the plat shall have been duly filed and recorded and the Commission so notified in writing by the developer. If the final plat is revised in any manner after approval, it shall be resubmitted for reapproval.
(g) Effect of Approval and Recording. Whenever the improve-ments plan has been approved, construction guaranteed and the final plat approved and recorded, thereafter, the construction of improvements may be started, building permits may be issued and lots may be sold, leased or transferred.
Occupancy permits for any building in the subdivision shall not be issued until streets and utilities are accepted by Council for public use.
If construction of the land improvements or dwellings are not started within six (6) months after approval of the final plat and documents, or if the construction is discontinued for a period of eight (8) months, the developer shall forfeit his bond and the approval of the subdivision shall be null and void.
(Ord 58-73. Passed 7-23-73.)
1107.05 LAND FOR PUBLIC AND COMMON USE.
(a) Dedication for Public Use. The approval of the final plat by Council shall also constitute acceptance of dedication of any land for public use and any easement before it is recorded. The subsequent acceptance of any street or utility for public use and maintenance shall be by separate action of Council.
(b) Common Land. Whenever a developer submits a plan showing land for common use by a group of owners or occupants, a copy of the covenants and restrictions related to such common land shall be submitted along with the plans of the subdivision. The Commission shall not approve the dedication of such common land unless it finds that covenants and restrictions are satisfactory in regard to: the permitted uses; the improvements to be made by the developer; the fact that it is owned by a home association, condominium or similar private organization; that the owner of each dwelling unit shall be responsible for his share of the maintenance cost, which share when not paid, shall be a lien against the property; and that it shall be satisfactorily maintained at no cost to the City.
(Ord. 58-73. Passed 7-23-73.)
1107.06 RESUBDIVISION AND VACATION.
(a) Approval of changes, resubdivision and vacation of subdivisions shall be required which involve assembling parcels for a unit development, resubdividing, replatting or vacation of a subdivision or a part thereof. An application for such action shall be made by the owner or owners to the Planning Commission in the same general form as for an original subdivision along with the relevant maps and information. The preliminary plan and final plat procedures may be combined in a single application and review process. Improvement plans shall not be required if the assembly or division of a parcel does not involve street improvements or the installation of utilities.
(b) The original lots shall be shown by dotted lines, and lot numbers and other references made to a previously recorded subdivision. After the replatting or vacation plat is approved by the Commission, it shall be recorded.
(Ord. 58-73. Passed 7-23-73.)
1107.07 CITY MAP.
In order that proposed subdivisions may be properly planned and reviewed, a map of the City showing all streets and lot lines shall be kept up to date by the City Engineer and maintained on file by the Clerk. Preliminary plans, when approved, shall be indicated on a print of the City Map, and every final plat, when recorded, shall be added to the tracings thereof.
(Ord. 58-73. Passed 7-23-73.)
1109.01 INTENT.
Subdivision design standards and criteria are herein established as fundamental principles to be applied with professional skill in planning, subdividing and resubdividing the land. The standards are requirements to be complied with, the criteria are guidelines to be applied with skill, and the Planning Commission shall determine whether they have been effectively applied. The intent and objectives are to achieve, among others, the following purposes:
(a) To provide for the planning of attractive and harmonious neighborhoods; functional lots and building sites; and to take advantage of the natural features.
(b) To provide a pedestrian and vehicular circulation system; convenient and safe local streets; and to implement the Street Plan.
(c) To coordinate the planning and division of land and planning of building sites; and to carry out the objectives of the Master Plan.
(Ord. 58-73. Passed 7-23-73.)
1109.02 TOPOGRAPHY AND NATURAL FEATURES (STANDARD).
Land developments shall be planned to take advantage of the land formation and to utilize the natural contours in order to economize in the construction of drainage facilities, to reduce the amount of grading, to minimize destruction of trees and topsoil and, in addition, to create functional variations in the neighborhoods.
(a) Conformity to Development Plans and Zoning. The arrangement, character, width and location of all arterial and collector thoroughfares or extensions thereof shall conform with the City's Mapped Streets Plan. Thoroughfares not contained in the aforementioned Plan shall conform to the recommendation of the Planning Commission based upon the design standards set forth in City regulations and standards. In addition, no final plat of land within the City shall be approved unless it conforms with the City Zoning Code.
(b) Suitability of Land. If the Commission finds that land proposed to be subdivided, is unsuitable for subdivision development due to flooding, schools, transportation facilities and other such conditions which may endanger health, life or property; and, if from investigations conducted by the public agencies concerned, it is determined that in the best interest of the public the land should not be developed for the purpose proposed, the Commission shall not approve the land for subdivision unless adequate methods are advanced by the subdivider for solving the problems that will be created by the development of the land.
(Ord. 58-73. Passed 7-23-73.)
1109.03 ARTERIAL AND COLLECTOR STREET SYSTEM (STANDARD).
(a) Streets shall be designed, relocated, extended, widened or narrowed to implement the Street Plan, to be in accord with the functions served, to be related to the use of abutting land, and otherwise designed to comply with the following planning standards.
(b) The system shall comply with the adopted Street Plan in regard to the alignment, width and adopted standards. Access to arterial streets shall be controlled in the interest of public safety and to maintain the design capacity of the street system.
(c) Whenever a one-family residential development abuts a major street, the Commission may, in order to protect residential property from the movements of heavy traffic and to control intersections with major streets, require marginal streets parallel to the major street; reserve frontage lots between a major street and a parallel local street with screen planting located in a nonaccess reservation along the right-of-way line of the major street; or, the fronting of lots with extra width on perpendicular local streets.
(d) Whenever land is subdivided or resubdivided, land shall be acquired by gift, purchase, exchange, devise or appropriation so as to provide a right of way for arterial and collector streets of not less than eighty (80) feet (24.38m) unless shown otherwise on the Street Plan. Property at street intersections shall be rounded with a radius of not less than thirty (30) feet (9.144m) for arterial or collector streets. Arterial and collector streets shall be paved in accordance with City requirements on an individually considered basis.
(Ord. 58-73. Passed 7-23-73.)
1109.04 LOCAL STREET PATTERN IN ONE-FAMILY AREAS (CRITERIA).
(a) The primary function of local streets is to provide direct access to abutting developments. The local street system should be designed to minimize through traffic movements. This can be accomplished by designing a system of collector streets and by creating discontinuities in the local street pattern, by offsetting local street intersections and providing continuous loop and angular streets. Every part of a residential area should be interconnected for convenience and to avoid excessive indirect travel except where connections are not feasible because of topographic conditions.
(b) The pattern should be logical and comprehensive for the convenience of local residents and visitors and for providing services. The design should be planned to provide these basic functions so as not to need to rely on extensive traffic regulations. The streets should be designed for uniformly low volumes of traffic, commensurate with residential amenities, to discourage speeds of more than twenty-five (25) miles per hour. The amount of space devoted to local streets should be minimized for costs and economy of land use.
(c) There should be a basic underlying design related to the topography and natural features. The pattern should also be related to attaining functional, economical and practical patterns and shapes and sizes of areas for development. Necessary traffic generators such as schools, bus routes and playgrounds should serve as focal points in the pattern and such routes should have a minimum number of pedestrian crossings. There should be a minimum number of intersections. T-intersections should predominate and cross-intersections should be minimized.
(1) Right of Way and Pavement Widths (Standard). Whenever the local street pattern is planned to assure low traffic volumes, fifty (50) foot (15.24m) rights of way, otherwise, sixty (60) foot (18.29m) rights of way; pavement width of twenty-six (26) feet (7.83m) back to back of curbs on cul-de-sacs and loop streets, thirty-two (32) feet (9.75m) on other local streets, and thirty-six (36) feet (10.97m) on collector streets. Arterial streets shall be paved in accordance with City requirements on an individual consideration basis.
(2) Intersections (Criteria). Designed so streets shall intersect at approximately ninety (90) degrees, but in no case less than seventy-five (75) degrees. Centerline offsets or jogs of T-intersections shall not be less than one hundred twenty-five (125) feet (38.10m). At intersecting streets, an unobstructed sight triangle shall be maintained of not less than twenty (20) feet (6.10m), measured along the nearest intersecting front property lines. Property lines at street intersections shall be rounded with a radius of not less than twenty (20) feet (6.10m) for local streets.
(3) Grades or Vertical Alignment (Standard). The minimum grade should be not less than three tenths (.3) of one (1) percent for local and collector streets. The maximum grade within one hundred (100) feet (30.48m) of an intersection should not exceed three percent (3%).
(4) Horizontal Alignment (Criteria). Curving local streets are encouraged in residential districts where related to topography or other functional features; a minimum curve of one hundred (100) foot (30.48m) radius measured from the inside edge of the pavement; minimum tangent fifty (50) feet (15.24m), a minimum sight distance of two hundred (200) feet (60.96m).
(5) Cul-de-sac Streets (Criteria). Where approved, cul-de-sacs shall terminate with a permanent turn-around, having a minimum outside curb radius of fifty (50) feet (15.24m), property line radius of sixty (60) feet (18.29m), and shall not exceed one thousand (1000) feet (304.80m) in length. The Commission may require that the center circle, or oval, be paved. If the cul-de-sac street does not open in the direction of schools or playgrounds, a pedestrian way may be required.
(6) Temporary Dead-End Streets (Standard). Where a proposed subdivision adjoins undeveloped land, temporary "T" turn-arounds may be permitted provided provisions are made for the future extension of such streets and utilities, and for the reversion of the excess rights of way to the abutting properties. Permanent dead-end streets are not permitted.
(7) Streets of Nonconforming Width (Standard). Streets of less than the required right of way shall not be permitted except where the Commission finds it would not be reasonable to require dedication of the remaining part until the abutting property is subdivided. Wherever property abuts a street which does not conform to the width required by either the Street Plan or plans of Cuyahoga County or the Ohio Department of Transportation, the additional width shall be provided when the land is subdivided.
(8) Reserve Strips Adjoining Streets (Standard). An intervening division of land which controls access or extensions of pavement and utilities to adjoining property shall not be permitted except where the control of such land has been assigned to be under the control of the City.
(9) Driveways. Driveways shall be located in accord with a plan for the block and on corner lots not less than sixty (60) feet (18.29m) from the nearest intersecting street right-of-way lines.
(10) Street Names (Criteria). Names shall not duplicate unless directly connected or related with the names of existing streets in northwestern Cuyahoga County; the names shall be subject to the approval of the Commission.
(Ord. 58-73. Passed 7-23-73.)
1109.05 STREETS IN MULTIFAMILY AREAS.
(a) Streets serving multifamily buildings shall be planned to connect with arterial or collector streets and so as not to direct traffic on local residential streets.
(b) The criteria for horizontal and vertical alignment intersections and other design criteria of streets in multifamily developments shall be the same as for one-family developments, except higher traffic volumes are generated in multifamily projects. For collector streets, the minimum rights of way shall be sixty (60) feet (18.29m); the paved surface shall be thirty-two (32) feet (9.75m), provided only stopping or short duration parking is permitted. A cul-de-sac street shall not exceed five hundred (500) feet (152.40m) in length.
(Ord. 58-73. Passed 7-23-73.)
1109.06 STREETS IN BUSINESS AND SERVICE AREAS (CRITERIA).
(a) Streets and parking area driveways serving business developments shall connect with arterial streets and be planned so as not to direct traffic on local residential streets. The intersection of parking area driveways shall be located so as to cause the least possible interference with the movement of traffic on the arterial streets, and wherever possible, be located not less than one hundred (100) feet (30.48m) from the intersection of two (2) arterial streets. Acceleration, deceleration and turning lanes shall be provided at all intersections of collector or arterial streets with another collector or arterial street, and also at all principal driveways serving a planned area development, unless specifically waived by the Planning Commission.
(b) Parking areas serving adjoining business establishments shall be interconnected by on-site circulation lanes designed to provide the maximum safety and convenience for the entire shopping district.
(c) Streets for service and manufacturing areas shall be planned in accord with the applicable criteria as set forth for business areas in this Section.
(Ord. 58-73. Passed 7-23-73.)
1109.07 DESIGN OF BLOCKS (CRITERIA).
(a) The boundaries and lines of blocks shall be designed to conform to natural and topographic features and lines, to the street planning criteria, and to accommodate lots and building sites as required for the district as set forth in the Zoning Code, and to provide for community facilities.
(b) Blocks shall be planned; in length, an average of fifteen hundred (1500) feet (457.20m), but not exceeding twenty-five hundred (2500) feet (762m) or less than eight hundred (800) feet (243.84m); in width, to accommodate two (2) tiers of lots unless separated by community facilities, common green areas, or other compatible uses. Crosswalks or pedestrian ways, of not less than ten (10) feet (3.05m) in width (five-foot (1.52m) hardsurfaced) may be required for walkways across excessively long blocks or at the end of cul-de-sac streets for access to schools, playgrounds or bus stops.
(Ord. 58-73. Passed 7-23-73.)
1109.08 DESIGN OF LOTS (CRITERIA).
(a) Each lot shall be designed to form a functional site to fully accommodate the dwelling and surrounding open space. It should be rectangular in general form; triangular, elongated or other shapes that restrict its use as a building and landscaped site shall be avoided.
(b) The area and width of lots shall be in accordance with the requirements of the Zoning Code which shall be construed, however, as absolute minimum and not as optimum dimensions. All remnants of land less than the required lot size shall be incorporated into the lot pattern, and not as a remnant, nonconforming parcel. The lot shall conform with the required width at the front building line and on curved streets, the chord of either, but not both, the front lot line or the rear lot line may be less, but not less than sixty (60) percent of the required width. The depth of lots abutting a local residential street in a one-family subdivision should not exceed two and one-half (2-1/2) times its width. The ratio shall be increased when the rear line abuts a railroad or nonresidential land uses; also, where abutting an arterial street in order to increase safety and privacy.
(c) Corner lots shall have extra width to obtain the required setbacks and yards from both streets, as set forth in the Zoning Code.
(d) Side lot lines shall be designed to be at approximately right angles to street lines or radial to curved street lines. At T-intersections, the lots shall be arranged so that one (1) side lot line shall be approximately opposite the center of the street which terminates.
(Ord. 58-73. Passed 7-23-73.)
1109.09 PUBLIC LAND USES (CRITERIA).
Sites for playgrounds, schools and other public uses as shown on the Community Facilities Plan, if located in whole or in part in a proposed subdivision, shall be incorporated in the subdivision plan and the land shall be reserved for such purposes in accord with Chapter 1103. Drainage courses, ponds or land subject to flooding shall not be accepted for public use and maintenance unless conforming with the plan for public facilities. Where utilities are not located in the street right of way, easements, at least twelve (12) feet (3.66m) wide shall be located parallel to and centered on the rear lot lines, or on side lot lines where necessary to complete the circuit.
Drainage way easements shall be established where a subdivision is traversed by a drainage way or stream. Such easements shall be not less than twenty (20) feet (6.10m) wide, exclusive of the required lot area; rear lot lines shall be arranged along such drainage easements.
(Ord. 58-73. Passed 7-23-73.)
1111.01 INTENT.
Regulations, standards and criteria are hereby established for designing, approving and constructing land improvements for subdivisions so as to achieve, among others, the following purposes:
(a) The natural site assets, such as existing trees and topsoil, shall be preserved and the site graded to provide a system of drainage.
(b) All on-site and off-site extensions of street pavements and utilities shall be designed and constructed so as to complete the street and utility system for the affected area.
(c) To provide measures for enforcement thereof by withholding recording and transfer of land until the construction is satisfactorily completed.
(Ord. 58-73. Passed 7-23-73).
1111.02 IMPROVEMENTS REQUIRED BY DEVELOPER.
(a) The developer shall dedicate land for all local and secondary streets within his subdivision and dedicate land for the widening of major streets on the boundary of his subdivision; and he shall design, provide and install, at his expense, the improvements required herein.
(b) Utilities, pavements and other land improvements as herein required, shall be designed, furnished and installed as hereinafter set forth and they shall be of such sizes and capacities as are required for the development of the proposed subdivision, and as may be necessary to serve adjacent undeveloped land which is an integral part of the service area.
(c) The developer shall be required to extend improvements to the boundary of his proposed subdivision to serve adjoining undeveloped or unsubdivided land. Such improvements shall be sized to provide for service to adjoining land in accordance with the Master Utility Plan. However, the City shall reimburse the developer for that portion of the cost in excess of that which would be required to serve the proposed development.
(Ord. 58-73. Passed 7-23-73.)
1111.03 GRADING.
The developer shall prepare a grading plan for each subdivision in order to establish street grades, floor elevations of the building and a system of drainage for the street right of way and the private lots, all in proper relation to each other and to existing topography.
(a) Grading of Block (Criteria). The finished grading for the block shall be designed in accordance with minimum standards for lot grading design of the City and available through the Building Division.
The grading of the roadway shall be in accordance with the criteria set forth in Section 1109.04 and the Construction Standards of the City, and extend the full width of the right of way. Tree lawns should be graded at a gradient of not less than two percent (2%) or more than four percent (4%) upward from the curb to the sidewalk or property line.
(b) Lot Grading (Criteria). The floor elevation of each building shall be established in proper relation to the surrounding block grades, to the driveway and the street. There should be a minimum grade of two percent (2%) around each building so that water drains to lower areas. Drainage swales shall have a minimum grade of 0.5 (one-half) percent. The lot drainage system shall be designed so that surface water, except that which should be retained for natural irrigation, shall drain onto the driveway, a drainage structure on the lot, a street gutter and storm sewer, or a natural drainage way.
The minimum grades of driveways shall be one-half percent (0.5%). Grading should be adjusted so there will be no abrupt grades in the front yards and along side lot lines. The grades of earth terraces shall not exceed a two and one-half (2-1/2) to one (1), slope.
(c) Topsoil and Trees (Criteria). The topsoil shall be stripped from the roadway and construction areas, piled separately and not removed from the site or used as spoil. The Commission may require that as many trees as can be reasonable utilized in the final development plan be retained, and the grading be adjusted to the existing grade around the trees.
(Ord. 58-73. Passed 7-23-73.)
1111.04 DRAINAGE FACILITIES (CRITERIA).
A drainage system shall be designed and constructed by the developer in accord with the Construction Standards of the City as required for the drainage of the surface water of the subdivision and each lot as follows:
(a) Enclosed Storm Sewer System (Standard). An enclosed storm sewer system shall be provided and connected to the existing storm sewer system and have a capacity to serve the subdivision and adjoining unsubdivided land as shown in the same drainage area on the City's sewer plans. The system shall include pipes, culverts, manholes, catch basins, drain inlets and a connection for each lot.
The storm water drainage system shall be designed by a registered engineer subject to the approval of the Building Division and in accordance with the most recent standards for engineering design of storm and sanitary sewerage and drainage facilities prepared by the City.
(b) Open Drainage System (Criteria). Subject to the approval of the Planning Commission, the developer may rechannel any watercourses through his property and may be required to deed in fee, dedicate or grant an easement to the City for a drainage channel not less in width than required by a a plan prepared by a registered engineer and in accord with Construction Standards of the City.
(Ord. 58-73. Passed 7-23-73.)
1111.05 SANITARY FACILITIES (STANDARD).
Sanitary sewerage shall be designed and constructed by the developer in accordance with the most recent standards of the City, which, at its option, may elect to use standards published by the Cuyahoga County Planning Commission or other competent authority, and in accord with the sewer plan of the City, for the proper disposal of wastes, including a house connection for each lot. The design shall be submitted for approval by the City Engineer.
(Ord. 58-73. Passed 7-23-73).
1111.06 WATER SUPPLY (STANDARD).
A public water supply system, including fire hydrants and a supply line for each lot, shall be designed and constructed by the developer of each subdivision in accordance with the rules and standards of the Division of Water and Heat of the City of Cleveland. The design shall be submitted for approval by the City Engineer of Rocky River and by the Division of Water of the City of Cleveland.
(Ord. 58-73. Passed 7-23-73).
1111.07 ELECTRIC AND TELEPHONE SERVICE (STANDARD).
The developer shall submit plans of the proposed subdivisions to the Cleveland Electric Illuminating Company and the Ohio Bell Telephone Company for designing their distribution system, and for submission by them to the City Engineer for approval.
(a) Underground Service. Underground communications, electric power and street lighting distribution systems shall be required for all new subdivisions. Telephone, electric power and street lighting wires, conduits or cables, along with equipment and necessary structures in the distribution system to serve lots in such subdivision shall be constructed in underground utility easements at least ten (10) feet (3.05m) wide, except that those wires, conduits or cables owned by or serving individual customers and located wholly on the customer's property, need not be located in easements.
All underground equipment and structures shall be installed in accordance with the standards required in Administrative Order No. 72 and other applicable regulations of the Public Utilities Commission of Ohio. Transformers shall be located in underground vaults under the public walk or in an approved location in a nearby easement.
(b) Overhead Electric Service (Standard). Where permitted, overhead electric and telephone service should be located in easements along interior lot lines, and, where necessary, along side lot lines. Easements shall be at least ten (10 feet (3.05m) wide, centered on rear lot lines and continuous from block to block. Street lighting service liens shall be extended along side lot lines to lighting fixtures along the street rights of way.
(c) Street Lighting System (Criteria). Wherever the subdivision will be served by underground electric service, underground structures shall be provided by the Utility Company for the eventual installation of street lighting fixtures on the streets of the subdivision in accordance with the recommendations of American Standard Practice for Roadway Lighting. Until the lighting is installed, the wiring shall be safely insulated or de-energized.
In multifamily developments, exterior lighting shall be provided for walks, steps, parking areas, garages, driveways, streets and elsewhere as necessary for safety and convenience. Fixtures shall be shaded to screen the windows of habitable rooms from direct rays.
(Ord. 58-73. Passed 7-23-73.)
1111.08 GAS FUEL SERVICE (STANDARD).
The developer shall submit plans for a gas fuel distribution system for the proposed subdivision or development and service provided for each lot. The gas system shall be designed and constructed in accordance with the rules and standards of the East Ohio Gas Company, and the designs submitted for the approval of the Gas Company Engineer and the City Engineer. No above ground piping or meter shall be permitted in a front yard.
(Ord. 58-73. Passed 7-23-73).
1111.09 PAVEMENT, CURBS AND SIDEWALKS.
The pavement, curbs and sidewalks shall be designed and constructed by the developer as required and set forth in the schedules of these Regulations and the Construction Standards developed by the Building Division and approved by Council.
(a) Pavement (Standard). The dimensions, materials and construction of the pavement shall be in accordance with the Construction Standards of the City.
After the underground utilities and house connections are installed and backfilled and rough grading completed, the roadway subgrade shall be shaped, rolled and compacted in accord with the Construction Standards proposed by the Building Division and approved by Council. The developer shall then construct the final pavement and curbs of such material and in accordance with designs and plans prepared by a registered engineer and approved by the City. Construction shall be of a quality at least as good as the City standard and such determination shall be at the discretion of a duly authorized engineer representative of the City and shall be completed before bonds are released or occupancy permits are granted.
(b) Curbs and Gutters (Criteria). Two (2) foot concrete roll-over curbs or straight curbs, used only with concrete pavement, poured monolithically with the pavement shall be constructed in accordance with the materials, dimensions and standards of the Construction Standards of the City. Straight curbs may be provided at Intersections where rolled curbs are used elsewhere.
(c) Driveways and Curb Cuts (Criteria). Driveways shall not be less than three (3) feet (.91m) from the side lot line or from another driveway. Private driveways shall be concrete and a minimum of not less than four (4) inches thick; reinforcing shall be 6 x 6 x#10 welded wire fabric reinforcing. Driveways shall not be less than eight (8) (2.44m) or greater than twenty (20) feet (6.10m) in width in 1F-R1 and 2F-R2 districts, except where a three (3)-car garage exists or is proposed the driveway shall not exceed thirty two (32) feet in width. Curb cuts for straight curbs and the flare for rolled curbs of driveways shall be three (3) feet (.91m) to
five (5) feet (1.52m) wider than the driveway pavement on each side; the driveway grade of the apron shall not exceed three percent (3%) from the edge of the pavement to the property line. In 1F-R1 and 2F-R2 Districts, only one curb cut shall be permitted for any lot except that two curb cuts shall be permitted for any lot which meets all of the following conditions:
(d) Public Sidewalks (Criteria). Sidewalks shall be designed and constructed in accord with Construction Standards of the City, provided on both sides of the streets, and extended to connect with existing walks or to the boundaries of the subdivision. On corner lots, sidewalks shall be extended to the curb, shall have sufficient cross-slope to provide quick disposal of surface water, and shall not serve as drainage channels.
On local residential streets, sidewalks shall be five (5) feet (1.52m) wide and located in the public right of way so that the inner line is approximately one (1) foot (.31m) from the property line.
In multifamily residential developments, walks shall not be less than six (6) feet (1.83m) wide.
(Ord. 71-21. Passed 6-13-22.)
1111.10 MONUMENTS.
A monument shall be accurately placed by the developer at each street intersection or point of abrupt change of direction, at intermediate points and corners of lots and at such other locations as may be required by the City Engineer. The monuments shall be of concrete, six (6) inches by six (6) inches by thirty (30) inches (.15m by .15m by .762m) with an iron pin in the center, or a metal monument where concrete is impractical, as specified in the Construction Standards of the City. The top of the monument shall set not more than six (6) inches (.15m) below the finished grade upon the completion of the grading of the streets and lots.)
(Ord. 58-73. Passed 7-23-73.)
1111.11 STREET TREES.
The developer shall furnish and plant a tree or trees in each tree lawn of the species and size and at the locations shown on the Master Tree Planting Plan on file in the Safety-Service Director's Office. All such trees shall be planted and maintained as provided in Chapter 945 of the Codified Ordinances of the City, entitled, "Tree Planting and Management".
(Ord. 58-73. Passed 7-23-73.)
1111.12 STREET NAME SIGNS.
Street name signs shall be furnished and installed by the developer in accord with the design standards of the City. Signs shall be placed on diagonally opposite corners, on the far right-hand side of the intersection for traffic on the more important street, and as near to the corner as practical.
(Ord. 58-73. Passed 7-23-73).
1111.13 PERFORMANCE GUARANTEE OF INSTALLATION.
The developer shall execute and file with the City, financial guarantees of actual installation of completion of the required improvements. Filing shall be concurrent with the application for approval of the final plat.
(a) Type of Guarantees. Such guarantees may be in the form of a performance of surety bond, a certified check or any other type of surety approved by the City. The terms of such guarantees shall be determined by the Commission. However, they shall not be for a longer period than two (2) years unless Council, by resolution, extends the time. Bonds shall be executed by the applicant as principal with a surety company authorized to do business in the State and acceptable to the City.
(b) Amount of Guarantee. The financial guarantees shall be in an amount equal to the estimated total cost of materials and labor required to install or construct the improvements as determined by the City Engineer. When any portion of an improvement has, upon inspection by the City Engineer, been found satisfactorily completed, a reduction in the bonds, or partial withdrawal of funds equal to the estimated costs of such complete improvements, may be authorized, notwithstanding the provisions of Section 1111.09
(a).
(c) Progressive Installation. The developer may apply for final approval and recording of only a portion of the entire subdivision. Under such a progressive unit development procedure, the installation of required improvements and sale or lease of lots may proceed only on that portion of the subdivision which has been approved and recorded.
(Ord. 58-73. Passed 7-23-73).
1111.14 STREET MAINTENANCE.
The developer shall guarantee the construction and materials of the street improvements for a twelve (12) month period after acceptance by the City, and in order to secure the guarantee, he shall deposit with the City an amount equal to two percent (2) of the total cost of the construction of street improvements in a maintenance fund, or he may provide in lieu thereof, a maintenance surety bond in like amount and in accordance with the provisions of Section 1111.13(a).
(Ord. 58-73. Passed 7-23-73).
1111.15 INSURANCE.
The developer shall agree to indemnify and save harmless the City against and from any and all loss, cost, damage, liability and expense on account of damage to property of the City or injury to or death of any of its employees, agents or representatives or any third person, caused by, growing out of or in any way whatsoever attributable to the construction of the improvements and the use of the street delineated on the subdivision plat during construction. The developer shall further agree, but without limiting its liability, to indemnify the City, to carry liability insurance contracts with any insurance company or companies acceptable to the Law Director during the period of the construction in the sum of Three Hundred Thousand Dollars ($300,000) to Five Hundred Thousand Dollars ($500,000) for injury to or death of persons, and in the sum of One Hundred Thousand Dollars ($100,000) for damage to or destruction of property, which insurance contracts shall include the City as a named insured. The developer shall agree to maintain on file with the City during the period of such construction, certificates or memoranda of insurance evidencing that the insurance contracts are in force.
(Ord. 58-73. Passed 7-23-73).
1111.16 FAILURE TO COMPLETE IMPROVEMENTS.
In the event the developer fails to diligently pursue the work or complete the installation of all improvements to the land according to the terms and conditions of these Subdivision Regulations, the drawings and specifications, approved by Council, the performance bonds filed by him and/or other agreements or covenants made by him, the City may, upon thirty (30) days written notice to the developer, complete same in the manner required, and pay for the costs thereof from the deposits made by the developer or call upon the bonding company for performance.
(Ord. 58-73. Passed 7-23-73).
1111.17 CONSTRUCTION AND OCCUPANCY.
A building permit may be issued by the Building Division only after the following procedure has been satisfactorily completed with:
(a) All necessary street improvement installations shall be completed by the owner in accordance with the provisions of this Chapter and accepted by the City; or
(b) Performance bonds and/or cash placed in escrow, in amounts determined by the City Engineer and in a form approved by the Law Director, covering all improvement work remaining to be done in accordance with this Chapter has or have been furnished and evidence of same shall have been filed with and accepted by the Law Director; and
(c) Street name signs, as required, have been erected.
(Ord. 58-73. Passed 7-23-73).
1113.01 INTENT.
Plans, maps, data and plats shall be prepared and furnished by the developer as required herein to assure accurate surveying, and to provide adequate information for designing, preparing plans, reviewing and recording subdivisions in accordance with these Subdivision Regulations.
(Ord. 58-73. Passed 7-23-73.)
1113.02 PRELIMINARY DESIGN PLAN; CONTENTS.
The developer shall furnish, with the application for approval of a preliminary
or design plan of a subdivision, the following maps, data and plans:
(a) Maps and Data. Maps and data shall include the following, either separate or combined:
(1) Vicinity Map. A drawing located on the plat which sets forth by dimensions or other means, the relationship of the proposed subdivision or use to other nearby developments or landmarks and community facilities and services within Cuyahoga County in order to better locate and orient the area in question.
(2) Property line survey. Not less than a one hundred (100) foot (30.48m) per inch scale, showing bearings and distances of the parcel to be subdivided; location, width and purpose of easements; the name, width and location of abutting streets, including location of pavements and sidewalks; structures on parcels within one hundred (100) feet (30.48m) on adjoining property.
(3) Utility Map. Not less than a one hundred (100) foot (30.48m) per inch scale, showing existing and proposed utilities on and adjacent to the tract, including location, size and invert elevations of all sewers, location and size of water and gas mains, location of fire hydrants and electric power and telephone poles.
(4) Topographic Survey. Not less than a one hundred (100) feet (30.48m) per inch scale, on a section of the Cuyahoga County Topographic Map, enlarged to one hundred (100) foot (30.48m) per inch scale, contours at two (2) foot (.61m) maximum intervals; trees and natural features.
(5) Titles and Certifications. Indicating present parcel designations according to official records, name of developer, name and address of owners, certification of registered surveyor, scale and date of survey.
(6) Sketch Plans. Of the proposed subdivision indicating the concept of the layout and its relation to surrounding land.
(b) Preliminary Plan. The subdivision shall be planned in accordance with the design standards and criteria set forth in Chapter 1109 and designed by either a professional planner who is a member in good standing of A.I.P., a registered architect, a registered engineer or a surveyor.
The plan shall be accurately and clearly drawn at a scale of not less than one hundred (100) feet (30.48m) to one (1) inch. It may be drawn in pencil on transparent tracing paper. The drawing shall incorporate the aforesaid topographic and property line data, the surrounding streets and lots and the proposed plan, or alternate plans, of the subdivision, including the following:
(1) Streets. The layout, right of way, pavement widths, approximate grades and names.
(2) Other rights of way. Location, width and purpose.
(3) Lot lines. Approximate dimensions and bearing.
(4) Public land. To be reserved or dedicated for parks, playgrounds or other public uses.
(5) Sites. For multifamily, institutions or business uses.
(6) Building lines. Whether uniform or in a group development.
(7) Title. Numerical and graphic scale, north arrow and date.
(c) Protective Covenants. An outline of the protective covenants proposed to regulate and protect the development, restrictions and bylaws of a homes association and its incorporation, declaration of condominium ownership and other covenants, if any.
(d) Other Preliminary Plans. The Commission may require additional preliminary drawings showing information such as street profiles and grades, typical cross-sections of proposed roadways, locations of proposed sanitary and storm sewers and water service, or prospective street system of adjacent land owned by the developer, and preliminary plans and information on buildings to be constructed.
(e) Ownership Certificate. The Commission shall require a certificate as to ownership or verification of option to purchase.
(f) Floodway or Floodway Fringe Districts. If a proposed subdivision or any portion thereof falls within a Floodway District or Floodway Fringe District, the Planning Commission shall determine that such proposal is consistent with the need to minimize flood damage, that all public utilities and facilities such as sewer, gas, electric and water systems are located, elevated and constructed to minimize or eliminate flood damage and that adequate drainage is provided so as to reduce exposure to flood hazards.
(Ord. 58-73. Passed 7-23-73.)
1113.03 FINAL PLAT CONTENTS AND SUPPLEMENTAL DOCUMENTS.
The developer shall furnish, with the application for approval of the final plat of a subdivision, the following plans, data and plats:
(a) Final Plat. Shall be drawn and signed in India ink on tracing cloth, or other black-line reproducible positive on a medium satisfactory to the Building Division, at a scale not less than one hundred (100) feet to one (1) inch. Sheets shall be twenty-four (24) inches by thirty-six (36) inches (.61m by .91m) in size; if necessary, the plat shall consist of several sheets, including an index and references to adjoining sheets. The plat shall include only the portion of the subdivision proposed for immediate recording and development, and show the following:
(1) Control points. Points to which all dimensions, angles and bearings are to be referred; nearest street or section line or other established point.
(2) Lines and boundaries. Center lines and right-of-way lines of streets, easements and other rights of way; natural and artificial watercourses, streams, shorelines; corporation lines; and property lines of all lots and parcels with distances, radii, arcs, chords and tangents (nearest one- hundredth of a foot) bearings or deflection angles (nearest second of all curves).
(3) Street. Name and width of each street within proposed subdivision and those adjoining; building setback line; street tree plan in accordance with Section 1111.11
.
(4) Lot and block identification. Number or letter, in progressive order, for each lot and block conforming with Cuyahoga County Recorder's procedures.
(5) Dedication and acceptance. Boundaries of and purpose for which any parcels, other than residential lots, are to be dedicated or reserved for public use; purpose and dimensions of easements.
(6) Monuments. Location and description of those found, set or to be set.
(7) Adjoining land. Names and recorded owners of adjoining unplatted land; reference to adjoining platted land by name, volume and page of Recorder's maps.
(8) Certification. By owner of acceptance of plat and statement offering dedication of streets, rights of way and any sites for public use or reserved by deed covenants for common use of all property owners.
(9) Certification and seal. By a registered surveyor as to preparation and details of survey and plat.
(10) Protective covenants. Reference to or included on plat.
(11) Title. Of subdivision, municipality, county, state, original township section, tract or lot; scale shown numerically and graphically, north arrow and date.
(12) Certification. For approval by the Commission and City officials.
(b) Improvements Plans. Drawings and specifications showing cross-sections, profiles, elevations and construction details for all required improvements, in accordance with the requirements of Chapter 1111.
(c) Certification by City Engineer. Stating that the developer has:
(1) Installed all required improvements in accordance with the provisions of these Regulations and any conditions set forth by the Commission in their approval of the preliminary plan; or
(2) Posted financial guarantees in sufficient amount to assure completion of all required improvements.
(d) Protective Covenants. Restrictions, by-laws, declarations and other covenants in final form, to be recorded separately.
(e) Other Statements and Data.
(1) Statement that there are no unpaid taxes or special assessments against the tract and that the developer owns the property.
(2) Other data, certificates or affidavits, as may be required by the Planning Commission or Building Commissioner in the enforcement of these Regulations.
(Ord. 58-73. Passed 7-23-73.)
1113.04 RECORDING.
The developer shall file the approved final plat in the office of the County Recorder, and the original linen drawing thereof shall, after it has been recorded, be returned to the office of the Building Commissioner by the developer. The approval of the Commission expires within sixty (60) days after its effective date, unless the plat shall have been duly filed and recorded in the official records of Cuyahoga County, and the developer has so notified the Commission in writing.
(Ord. 58-73. Passed 7-23-73.)
1113.05 TITLE GUARANTEE AND PROPERTY TAXES.
(a) After the plat has been approved in final form by the Planning Commission, but prior to approval and acceptance of the plat by Council, the developer shall:
(1) Take the proposed plat to a reputable title or abstract company licensed to do business in Cuyahoga County, for its review. He shall secure a certificate placed and signed upon the original linen drawing of the plat, stating that the persons proposing to subdivide the land and whose names appear on the plat as owners or developers do, in fact, have title to or are otherwise empowered to subdivide the property contained in the proposed plat. The title or abstract company shall further certify that the liens or encumbrances against the property and the nature thereof, as outlined in certificates previously placed upon the plat by each lien holder or holder of other encumbrance, constitute all those which exist as of the date of the certificate.
(2) Further secure a written statement by the City Law Director, after he has reviewed the abovementioned certificates. The statement should express the opinion of the Law Director whether or not any encumbrances shown on the plat will adversely affect the use of the land by the City for the purposes for which it is being platted.
(b) Payment of all taxes and/or assessments due to become due on anyproperty within the boundaries of the plat which are intended to be dedicated to public use, shall be the responsibility of the owner of the land until such property is declared by the Ohio Board of Tax Appeals or the County Auditor to be exempt from taxation and assessments.
(Ord. 58-73. Passed 7-23-73.)
1114.01 STATEMENT OF PURPOSE.
It is the purpose of this Chapter to establish regulations in addition to those already established under the Subdivision Regulations to protect against flood plain encroachment and possible future flood damage and to minimize those losses described in Chapter 1175 of the Zoning Code by provisions designed to:
(a) Restrict or prohibit subdivision of lands for uses which are dangerous to health, safety or property in times of flood or which, with reasonably anticipated improvements, will cause excessive increases in flood heights or velocities.
(b) Require that each subdivision lot in an area vulnerable to floods be provided with a safe building site with adequate access and that public facilities which serve such uses be installed with protection against flood damage at the time of initial construction.
(c) Protect individuals from buying lands which are unsuited for intended purposes because of flood hazard by prohibiting the subdivision of unprotected flood hazard lands, requiring that flood hazard areas be delineated on the final plat, and areas not suitable for development be subject to deed restrictions.
(Ord. 142-74. Passed 2-25-75.)
1114.02 LANDS TO WHICH THIS CHAPTER APPLIES.
This Chapter shall apply to all lands within the jurisdiction of the City of Rocky River, shown on the Official City Zoning Map as being within the boundaries of the Floodway District and Floodway Fringe District. (Ord. 142-74. Passed 2-25-75.)
1114.03 COMPLIANCE.
No land shall hereafter be subdivided or used without full compliance with the terms of this Chapter and other applicable regulations including zoning, official maps. health codes and other regulations which apply to uses within the jurisdiction of this Chapter.
(Ord. 142-74. Passed 2-25-75.)
1114.04 ABROGATION AND GREATER RESTRICTIONS.
It is not intended by this Chapter to repeal, abrogate or impair any existing easements, covenants, deed restrictions or other ordinances. However, where this Chapter imposes greater restrictions, the provision of this Chapter shall prevail. All other ordinances inconsistent with this Chapter are hereby repealed to the inconsistency only. (Ord. 142-74. Passed 2-25-75.)
1114.05 INTERPRETATION.
In their interpretation and application, the provisions of this Chapter shall be held to be minimum requirements and shall be liberally construed in favor of Council, and shall not be deemed a limitation or repeal of any other powers granted by State statutes.
(Ord. 142-74. Passed 2-25-75.)
1114.06 SEVERABILITY.
If any section, clause, provision or portion of this Chapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Chapter shall not be affected thereby. (Ord. 142-74. Passed 2-25-75.)
1114.07 LAND SUITABILITY.
No land shall be subdivided which is held unsuitable for its intended use by reason of flooding, inadequate drainage, soil and rock formations with severe limitations for development, susceptibility to mudslides or earthslides, severe erosion potential, unfavorable topography, inadequate water supply or sewage disposal capabilities or any other feature harmful to the health, safety or welfare of the future residents of the proposed subdivision or community. However, the preliminary and final plats may be approved if the subdivider improves the land consistent with the standards of this and other applicable ordinances to make the area, in the opinion of the Planning Commission and Council suitable for its intended use. In determining the appropriateness of land subdivision at the site, the Planning Commission and Council shall consider the objectives of this Chapter and the following:
(a) The danger to life and property due to the increased flood heights or velocities caused by subdivision fill, roads and intended uses.
(b) The danger that intended uses may be swept on to other lands or downstream to the injury of others.
(c) The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions under flood conditions.
(d) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
(e) The importance of the services provided by the proposed facility to the community.
(f) The requirements of the subdivision for a waterfront location.
(g) The availability of alternative locations not subject to flooding for the proposed subdivision and land uses.
(h) The compatibility of the proposed uses with existing development and development anticipated in the foreseeable future.
(i) The relationship to the proposed subdivision to the comprehensive plan and flood plain management program for the area.
(j) The safety of access to the property in times of flood for emergency vehicles.
(k) The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site.
(Ord. 142-74. Passed 2-25-75.)
1114.08 BUILDING SITE IMPROVEMENTS.
(a) No subdivision or part thereof shall be approved if proposed subdivision development in a floodway will, individually or collectively, significantly increase flood flows, heights or damages.
(b) No subdivision or part thereof shall be approved for floodway or floodway fringe areas which will substantially affect the storage capacity of the flood plain.
(Ord. 142-74. Passed 2-25-75.)
(c) Building sites for residences, motels, resorts and similar uses for human occupancy shall not be permitted in floodway areas. Sites for these uses may be permitted outside the floodway only if the sites are elevated to a height of at least one (1) foot above the elevation of the one hundred (100) year flood; and in addition thereto, all new construction, including substantial improvements of any residential structure within the area of special flood hazards as determined by the administrator shall have the lowest level of the lowest floor, including the basement, elevated to or above the level of the one hundred (100) year flood. Required fill areas, as outlined herein, must extend a minimum of fifteen (15) feet beyond the limits of the intended structure or structures.
(d) Building sites and structures for other than residential uses shall be constructed as provided for residential uses in subsection (c) hereof.
(Ord. 118-76. Passed 12-13-76.)
(e) When the Planning Commission determines that only part of a proposed plat can be safely developed, it shall limit development to that part and shall require that the method of development is consistent with its determination.
(f) When the subdivider does not intend to develop the plat himself, and the Planning Commission determines that limitations are required to insure safe development, it may require the subdivider to impose appropriate deed restrictions on the land. Such deed restrictions shall be inserted in every deed and noted on the face of the final recorded plat.
(Ord. 142-74. Passed 2-25-75.)
1114.09 ROADS.
The finished elevation of proposed streets shall be no more than one (1) foot below the regional flood. The Planning Commission may require, where necessary, additional information, profiles and elevations of streets to determine compliance with this requirement. Drainage openings shall be sufficient to discharge flood flows without unduly increasing flood heights.
(Ord. 142-74. Passed 2-25-75.)
1114.10 PUBLIC FACILITIES.
Storm drainage and sanitary sewer facilities shall be so planned as to take into account the high danger of flooding and flood damage. The Planning Commission shall require additional flood protection and waterproofing for all utilities of every type so as to minimize or completely eliminate flood damage. In the case of sanitary and storm sewers, these shall be so constructed and shall utilize such materials as will, in the opinion of the City Engineer, most nearly eliminate or minimize infiltration of storm waters and flood waters from any source whatsoever into the sanitary sewage treatment and collection facilities. All water lines below the one hundred (100) year flood level shall be constructed in accordance with the specifications of the City of Cleveland Water Division, but in all cases, notwithstanding the above, shall be completely waterproofed and anchored in such a way as to eliminate all possibility of movement or infiltration of flood waters or damage therefrom.
(Ord. 118-76. Passed 12-13-76.)
1114.11 CONDITIONS ATTACHED TO PLAT APPROVAL.
The Planning Commission may attach conditions, including but not limited to the following, to the approval of plats for areas subject to development hazards:
(a) Construction and modification of sewage, water supply and drainage facilities to meet the standards of this Chapter and to promote the health, safety and general welfare.
(b) Requirements for construction or channel modification, dikes, levees and other protective measures.
(c) Installation of flood-warning systems.
(d) Imposition of operational controls and sureties to restrict the types and design of uses. Such restrictions may include floodproofing of intended uses, as outlined in
Chapter 1175 of the Zoning Code, which shall be subject to individual approval by the City at the time such uses are constructed.
(Ord. 142-74. Passed 2-25-75.)
(e) In riverine situations, no use, including land fill, may be permitted within the flood plain area, having special flood hazards, unless the applicant shall demonstrate to the Planning Commission that the proposed use, when combined with all other existing and anticipated uses, will not increase the water surface elevation of the one hundred (100) year flood more than one (1) foot at any point.
(f) In no case, and under no conditions, shall on-site waste disposal systems be permitted in any area designated by the administrator within the flood plain area and having special flood hazards.
(Ord. 118-76. Passed 12-13-76.)
1114.12 MODIFICATIONS.
The Planning Commission may permit modifications in these Subdivision Regulations for flood hazard areas under the following conditions:
(a) Because of the unique topographic or other conditions of the land involved, literal application of the provisions of the Chapter would be unreasonable or impose undue hardship.
(b) Conditions are attached to plat approval that assure compliance with the requirements of this Chapter insofar as practical.
(c) The purposes and intent of this Chapter are observed.
(d) There is no increase in the flood hazard or flood damage potential.
(Ord. 142-74. Passed 2-25-75.)
1115.01 RECORDING OF PLAT.
No plat of any subdivision shall be recorded by the Cuyahoga County Recorder or have any validity until the plat has received final approval in the manner prescribed in these Subdivision Regulations.
(Ord. 58-73. Passed 7-23-73.)
1115.02 REVISION OF PLAT AFTER APPROVAL.
No changes, erasures, modifications or revision shall be made in any plat of a subdivision after approval has been given by the City, Planning Commission and Council, and endorsed in writing on the plat, unless the plat is first resubmitted to the Commission.
(Ord. 58-73. Passed 7-23-73.)
1115.03 SALE OF LAND WITHIN SUBDIVISIONS.
No owner or agent of the owner of any land located within a subdivision shall transfer or sell any land by reference to, exhibition of, or by the use of a plat of the subdivision before such plat has been approved and recorded in the manner prescribed in these Regulations. The description of such lot or parcel by metes and bounds in the instrument of transfer or other documents used in the process of selling or transferring shall not exempt the transaction from the provisions of these Regulations.
(Ord. 58-73. Passed 7-23-73.)
1115.04 SCHEDULE OF FEES, CHARGES AND EXPENSES.
Council shall establish a schedule of fees, charges and expenses, and a collection procedure for same, and other matters pertaining to these Regulations. The schedule of fees shall be posted in the office of the Building Commissioner, and may be altered, or amended only by Council. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal.
(Ord. 58-73. Passed 7-23-73.)
1115.05 PENALTIES.
The following penalties shall apply to the violations of these Subdivision Regulations:
(a) Whoever violates any rule or regulation adopted by Council for the purpose of setting standards and requiring and securing the construction of improvements within a subdivision or fails to comply with any order pursuant thereto is creating a public nuisance and the creation thereof may be enjoined and maintenance thereof may be abated by action at suit of the City or any resident thereof. Whoever violates these Regulations shall forfeit and pay not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00) for each violation. Each day's confirmed violation shall constitute a separate offense. Such sum may be recovered with costs in a civil action brought in the Court of Common Pleas of Cuyahoga County.
(b) A County Recorder who records a plat contrary to the provisions of these Regulations shall forfeit and pay not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) to be recovered with costs in a civil action by the Prosecuting Attorney in the name and for the use of Cuyahoga County.
(c) Whoever, being the owner or agent of the owner of any land within the City, transfers any lot, parcel or tract of such land from or in accordance with a plat of a subdivision before such plat has been recorded in the office of the County Recorder, shall forfeit and pay the sum of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) for each lot, parcel or tract of land so sold. The description of such lot, parcel or tract by metes and bounds in the deed or transfer shall not serve to exempt the seller from the forfeiture provided in this Section. Such sum may be recovered in a civil action brought in the Court of Common Pleas of Cuyahoga County by the Law Director of the City in the name of the City.
(d) Any person who disposes of, offers for sale or lease for a time exceeding five (5) years any lot or any part of a lot in a subdivision before provisions of these Regulations are complied with shall forfeit and pay the sum of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) for each lot or part of a lot so sold, offered for sale or leased, to be recovered with costs in a civil action, in the name of the City for the use of the same.
(Ord. 58-73. Passed 7-23-73.)
1115.06 VARIANCES.
The following regulations shall govern the granting of variances:
(a) Where the Planning Commission finds that extraordinary and unnecessary hardship may result from strict compliance with these Regulations, due to exceptional topographic or other physical conditions, it may vary the Regulations so as to relieve such hardship, provided such relief may be granted without detriment to the public interest and without impairing the intent and purpose of these Regulations or the desirable development of the neighborhood and community. Such variations shall not have the effect of nullifying the intent and purpose of these Regulations, the Comprehensive Plan, or the Zoning Code, if such exists.
(b) In granting variances or modifications, the Planning Commission may require such conditions as shall, in its judgment, secure substantially the objective of the standards or requirements so varied or modified.
(Ord. 58-73. Passed 7-23-73.)
1115.07 APPEAL.
Any person who believes he has been aggrieved by the Subdivision Regulations or the action of the Planning Commission, or a City employee, has all the rights of appeal as set forth in Chapter 1177 of the Zoning Code.
(Ord. 58-73. Passed 7-23-73.)
1115.08 ADOPTION.
The adoption of and amendments to the Subdivision Regulations may be initiated by the Planning Commission or Council. If initiated by Council, they shall be referred to the Commission for its recommendation. After adoption or amendment to the Subdivision Regulations, a copy thereof shall be certified by the Clerk of Council to the Cuyahoga County Recorder.
(Ord. 58-73. Passed 7-23-73.)