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Sandusky City Zoning Code

TITLE SEVEN

Subdivision Regulations

1175.01 TITLE.

   The rules and regulations contained in Chapters 1175 to 1187 shall be known and may be cited and referred to as the “Subdivision Regulations”.
(Ord. 02-176. Passed 10-28-02.)

1175.02 JURISDICTION.

   The Subdivision Regulations governing plats and subdivision of land contained herein shall apply within the corporate limits of the City of Sandusky.
(Ord. 02-176. Passed 10-28-02.)

1175.03 PURPOSE.

   The purpose of these regulations is to regulate and control the subdivision of land within the City of Sandusky. These regulations are intended to:
(a)   Promote the proper arrangement of streets and lots, safe and convenient vehicular traffic and pedestrian circulation, and adequate access for service and emergency vehicles;
(b)   Plan for the provision of adequate and convenient recreational and open space areas, school sites, and other public facilities;
(c)   Insure the adequate provision of water, drainage, and sanitary sewer facilities, and other health requirements;
(d)   Provide the orderly development of land to obtain an overall harmonious and stable community environment;
(e)   Coordinate land development in accordance with the Zoning Ordinance, the Comprehensive Plan, and other regulations of the City of Sandusky;
(f)   Manage the natural resource base for present and future use on a sustained basis.
      (Ord. 02-176. Passed 10-28-02.)

1177.01 MEANING OF WORDS AND PHRASES.

   For the purposes of the Subdivision Regulations, the following words and terms shall be defined as follows in this Chapter.
(1)   Alley. “Alley” means a right-of-way, not exceeding thirty (30) feet in width, which affords secondary vehicular access to abutting property.
(2)   Block. “Block” means an area comprising the lots having frontage on that part of one side of a street, which is between two intersecting streets.
(3)   Building setback line. “Building setback line” means the line established by this Code, generally parallel with and measured from a lot line, indicating the minimum distance permitted between a new building and a right-of-way or lot line as regulated by the Zoning Ordinance.
(4)   City. “City” means the City of Sandusky, Ohio.
(5)   City Commission. “City Commission” means the City Commission of the City of Sandusky, Ohio.
(6)   City Engineer. “City Engineer” means the Director of Engineering Services of the City of Sandusky, Ohio.
(7)   City Manager. “City Manager” means the Chief Administrative Officer of the City of Sandusky, Ohio.
(8)   City Law Director. “City Law Director” means the Law Director of the City of Sandusky, Ohio.
(9)   Comprehensive Plan. “Comprehensive Plan” means the plan or plans made and adopted by the Planning Commission and City Commission of the City of Sandusky, Ohio indicating the intended location, extent, purpose, features or characteristics of public and private development, including land uses, structures, roads and other transportation, community facilities, housing, utilities, drainage facilities, services, and other aspects of the future development of the community, and including statements of goals, objectives, and recommendations therefor.
(10)   Construction agreement. “Construction agreement” means a legally binding document executed by the Subdivider and the City Manager which describes the commitments, responsibilities, and authorities of the Subdivider and the City in the design, approval, construction, inspection, finance, maintenance, and use of improvements constructed for a subdivision.
(11)   Director of Community Development. “Director of Community Development” means the Director of the Department of Community Development of the City of Sandusky, Ohio or such other person as the City Manager shall authorize to carry out the responsibilities and authorities assigned to the Director of Community Development by the Subdivision Regulations.
(12)   Dwelling, Single-Family. “Single-Family Dwelling” means a building designed for or occupied exclusively by one family.
(13)   Easement. “Easement” means a grant by a property owner of a specific use of the property owner’s land.
(14)   Engineering Design and Construction Standards. “Engineering Design and Construction Standards” means the standards, specifications and policies, prepared by the City Engineering Department as kept on file with the Department of Engineering Services, for the proper design, documentation, inspecting, testing, maintenance, ownership, and operation of improvements.
(15)   Engineer, professional. “Professional engineer” means a person registered as a professional engineer by the Ohio State Board of Registration for Professional Engineers and Surveyors.
(16)   Flood Control. “Flood Control” shall refer to Chapter 1157 of the Planning and Zoning Code.
(17)   Frontage. “Frontage” means that portion of a lot abutting on a street and through which vehicular movement or access may be permitted from the lot onto such street. On a corner lot, for the purposes of enforcement of the regulations of this code, “frontage” shall be considered the shorter of the two dimensions of the lot that abuts a street. For through lots, “frontage” shall be the portion of the lot that fronts on the main street.
(18)   Improvements. “Improvements” means street pavements, curbs and gutters, sidewalks, water mains, sanitary and storm sewers, street trees and other forms of construction.
(19)   Lot. “Lot” means a parcel of land legally existing under the ordinances of the City of Sandusky, Ohio, intended as a unit for the purpose, whether immediate or future, of transfer of ownership or for building development.
(20)   Lot, corner. “Corner lot” means a lot having frontage upon two (2) or more streets at their intersection.
(21)   Lot, interior. “Interior Lot” means a lot other than a corner lot or through lot.
(22)   Lot, through. “Through Lot” means a lot, which has 2 street lines opposite each other, and which are parallel, or within 45 degrees of being parallel to each other.
(23)   Monument. “Monument” means a visible mark or indication placed on an object, or a pin, marker, or other structure placed and marked to indicate the lines and boundaries of a survey.
(24)   Planning Commission. “Planning Commission” means the City Planning Commission of the City of Sandusky, Ohio.
(25)   Plat. “Plat” means a map upon which the subdivider’s plan of the subdivision for lots, rights-of-way and other features is drawn and which is submitted for the approval of the Planning Commission. A plat shall be prepared by a professional surveyor or professional engineer.
(26)   Reserve. “Reserve” means a parcel of land within a subdivision that is specifically dedicated for future use or future subdivision.
(27)   Right-of-way. “Right-of-way” means an area of land, owned by the City, County of Erie, State of Ohio, or the federal government or over which one or more of the aforementioned governments have possession of rights for public passage, such area being occupied or intended to be occupied by a street, alley, crosswalk or other public improvement relating to public travel or access.
(28)   Street, thoroughfare, road. The full width between property lines bounding every dedicated travel way, with a part thereof to be used for vehicular traffic and designated as follows:
A.   Alley. See definition in subsection (1) hereof.
B.   Arterial Street. A general term denoting a highway primarily for through traffic, carrying heavy loads and large volumes of traffic, usually on a continuous route. Design speed is generally 55 miles per hour.
C.   Collector Street. A thoroughfare, whether within a residential, industrial, commercial, or other type of development, which primarily carries traffic from local streets to arterial streets, including the principal entrance and circulation routes within residential subdivisions. Design speed is generally 35 miles per hour.
D.   Cul-de-sac. A local street of relatively short length with one end open to traffic and the other end terminating in a vehicular turnaround. Design speed is generally 25 miles per hour.
E.   Dead-end street. A street temporarily having only one outlet for vehicular traffic, which may or may not be intended to extend or continued in the future.
F.   Local street. A street primarily for providing access to residential, commercial, or other abutting property. Design speed is generally 25 miles per hour.
G.   Loop street. A type of local street each end of which terminates at an intersection with the same arterial or collector street, and whose principal radius points of the one hundred and eighty (180) degree system of turns are not more than three thousand (3000) feet from said arterial or collector street, nor normally more than six hundred (600) feet from each other.
H.   Marginal access or frontage street. A local or collector street, parallel and adjacent to an arterial or collector street, providing access to abutting properties and protection from arterial or collector streets.
(29)   Subdivide. “Subdivide” means the act of dividing or assembling one or more existing lots of land into one or more new lots of land and or rights-of-way, in conformance with the requirements of the Subdivision Regulations.
(30)   Subdivider. “Subdivider” means any person who owns property proposed to be subdivided, or the duly authorized agent of such owner, who undertakes the subdivision of land.
(31)   Subdivision. “Subdivision” means:
A.   The division of any parcel of land shown as a unit or as contiguous units on the last preceding tax roll, into two or more parcels, sites, or lots, any one of which is less than five acres, for the purpose, whether immediate or future, of transfer of ownership, provided, however, that the division or partition of land into parcels of more than five acres not involving any new streets or easements of access, and the sale or exchange of parcels between adjoining lot owners, where such sale or exchange does not create additional building sites, shall be exempted; or
B.   The improvement of one or more parcels of land for residential, commercial or industrial structures or groups of structures involving the division or allocation of land for the opening, widening or extension of any street or streets, except private streets serving industrial structures; the division or allocation of land as open spaces for common use by owners, occupants or lease holders or as easements for the extension and maintenance of public sewer, water, storm drainage or other public facilities. (O.R.C. 711.011)
(32)   Subdivision, major. “Major subdivision” means a subdivision of land involving the opening, widening or extension of a street; or a subdivision of land involving the creation of more than five (5) lots from the original lot.
(33)   Subdivision, minor. “Minor subdivision” means a subdivision of land which, has frontage on an existing street; does not involve the opening, widening, or extension of a street; and involves the creation of not more than five (5) lots.
(34)   Subdivision Regulations. “Subdivision Regulations” means the rules and regulations contained in Chapters 1175 to 1187 of the Codified Ordinances of the City of Sandusky.
(35)   Surveyor, professional. “Professional surveyor” means a person registered as a professional surveyor by the Ohio State Board of Registration for Professional Engineers and Surveyors.
(36)   Zoning Ordinance. “Zoning Ordinance” means Part Eleven; Titles One, Three, Five and Seven of the Codified Ordinances of the City of Sandusky, Ohio.
      (Ord. 02-176. Passed 10-28-02.)

1179.01 PRE-APPLICATION.

   A person with the intention of executing a subdivision should consult with the Department of Community Development, prior to submitting any applications. This consultation will confirm the type of subdivision that should be requested and inform the subdivider of necessary submittals and expected timeframes involved in the process.
(Ord. 02-176. Passed 10-28-02.)

1179.02 SPECIAL PROCEDURES FOR MINOR SUBDIVISION.

   (a)   Whenever a subdivision of a parcel of land shown as a unit on the last preceding tax roll (duplicate) is proposed along an existing public street not involving the opening, widening or extension of any street or road and involving the creation of not more than five (5) lots after the original lot has been subdivided, the said subdivision shall be submitted to the Planning Commission for action without a plat. If the Planning Commission, acting through the Director of Community Development, is satisfied that such proposed subdivision is not contrary to applicable platting, subdivision or zoning regulations, it shall within seven (7) working days after submission approve such proposed subdivision. On presentation of a conveyance of said parcel, the same shall be stamped “Approved, City of Sandusky Planning Commission, No Plat Required” and signed by a member of the staff of the Department of Community Development.
   (b)   Submission Requirements.
(1)   Obtain minor subdivision/lot split affidavit form from the City of Sandusky Department of Community Development, 222 Meigs Street, Sandusky, Ohio 44870.
(2)   Have a survey prepared by a professional surveyor as outlined in the affidavit form. The survey shall depict the original platted lots and the proposed new lots. The proposed modifications and adjustments therein shall be superimposed thereon. The survey shall also include the following:
A.   Locations, widths, centerlines and names of all existing and/or platted streets, railroad and utility rights-of-way, easements, location and size of all existing buildings, corporation lines and location of any on-site septic systems or sanitary water and storm sewer service connections.
B.   Areas within 100-year floodplain and within floodway as determined by mapping provided by the Federal Emergency Management Agency shall also be shown on the survey plan.
C.   Location of monuments and their descriptions.
D.   Location of existing waterways and ordinary high watermark.
(3)   Sign and notarize affidavit (property owner).
(4)   Have the City of Sandusky Department of Community Development check lot for conformity with the City of Sandusky Zoning Ordinance and sign form, if approved.
(5)   The County Engineer must approve the legal description and sign form, if approved.
(6)   The City Engineer shall review the proposed lot split to ensure that sewer and water services can be provided to the subject site.
(7)   A drainage plan may be required by the Planning Commission or the City Engineer. If easements are included in the drainage plan, this plan must be recorded with Erie County.
A.   The City Engineer may require each parcel of land divided under this procedure to contain a permanent restriction shown on each of the lots for storm water drainage purposes. This area shall be used exclusively for a storm water drainage facility constructed at the time of the development of the lot and maintained by the benefiting property owners included in this drainage plan.
B.   All such facilities shall be constructed and maintained in accordance with general standards prepared by the City Engineer for storm water drainage. Such construction and maintenance shall be at the expense of the lot owners. This restriction shall be shown on the minor subdivision map and referenced in all subsequent deeds to the lot.
(8)   The property owner shall submit a processing fee in the amount required by the ordinances of the City for each deed and the check should accompany the above-required documents at the time of submission.
(9)   The property owner must bring the affidavit form, signed deed (completely executed) and two (2) copies of the survey to the Department of Community Development.
   (Ord. 02-176. Passed 10-28-02.)

1179.03 PRE-APPLICATION CONFERENCE FOR A MAJOR SUBDIVISION.

   A person with the intention of executing a major subdivision is encouraged to request a pre-application conference with the Director of Community Development, and the City Engineer, prior to submitting any plat for a major subdivision. The purpose of the conference shall be to present plans and data concerning the proposed subdivision, to review applicable regulations and procedures, and to obtain other information, which may be useful in preparing the required plats.
(Ord. 02-176. Passed 10-28-02.)

1179.04 PRELIMINARY PLAT PROCEDURES FOR A MAJOR SUBDIVISION.

   The following process shall apply to the submittal, review and approval of a preliminary plat for major subdivision.
(a)   Submittal. Every subdivider desiring to create a major subdivision as defined by the Subdivision Regulations shall prepare and submit to the Department of Community Development seventeen (17) copies of a preliminary plat, including all information required for a preliminary plat by the provisions of the Subdivision Regulations. At the time of filing of a preliminary plat for a major subdivision, the subdivider shall submit a fee in the amount required by the ordinances of the City.
(b)   City Staff Review. The Department of Community Development shall distribute the preliminary plat to the Department of Engineering Services, Fire Prevention Bureau, Police Department and other City officials when applicable for review for compliance with all applicable requirements. The Department of Community Development shall make available the results of such reviews to the Planning Commission and to the subdivider.
(c)   Planning Commission Review and Action. The Planning Commission shall review the preliminary plat and related materials and any reports submitted by City staff and shall take action within thirty (30) days after the preliminary plat is first submitted. The Planning Commission may approve the plat as submitted or modified, or conditionally approve the plat and stipulate the conditions of such approval, or disapprove the plat and express the reasons therefor. The action of the Planning Commission shall be noted on two (2) copies of the preliminary plat. One copy shall be returned to the subdivider and the other retained by the Department of Community Development.
(d)   Effect of Planning Commission Approval. Approval of a preliminary plat shall not constitute approval of the final plat, but shall be deemed an expression of approval of the layout as a guide to preparation of the final plat. Preliminary plat approval shall be effective for twenty-four (24) months. The Planning Commission may grant extensions of the preliminary plat approval.
      (Ord. 02-176. Passed 10-28-02.)

1179.05 FINAL PLAT PROCEDURES FOR A MAJOR SUBDIVISION.

   Every subdivider desiring to create a major subdivision as defined by the Subdivision Regulations shall prepare and submit a final plat for a major subdivision in accordance with the Subdivision Regulations. The following process shall apply to the submittal, review, and approval of the final plat for a major subdivision.
(a)   Submittal. The subdivider shall prepare and submit to the Department of Community Development seventeen (17) copies of a final plat and one (1) electronic version, improvement plans, a cost estimate for improvements, a title search report, and all other information required by these Subdivision Regulations.
The subdivider may submit a final plat for one or more phases of a subdivision, which is the subject of an approved preliminary plat. The nature and extent of such final plat for one or more phases shall be subject to the approval of the Planning Commission which may deny such final plat submittal with cause.
At the time of filing of a final plat for major subdivision, the subdivider shall submit a fee in the amount required by ordinance of the City.
(b)   City Staff Review. The Department of Community Development shall distribute the final plat to the Department of Engineering Services, the Fire Prevention Bureau, and the Police Department and to other City officials as directed by the City Manager for review for compliance with all applicable requirements. The Department of Community Development shall make available the results of such reviews to the Planning Commission.
(c)   Planning Commission Review and Action. The Planning Commission shall review the final plat and related materials and any reports submitted by City staff and shall take action within thirty (30) days after proposed final plat is submitted.
The action of the Planning Commission shall be to approve the plat as submitted or modified; or to conditionally approve the plat, stipulating the conditions of such approval (which conditions shall include the submittal of the Construction Agreement and fees required for the construction of improvements); or disapprove the plat, expressing the reasons for disapproval.
The action of the Planning Commission shall be noted on three (3) copies of the final plat. One copy shall be returned to the subdivider, one copy shall be forwarded to the City Commission with the action of the Planning Commission, and one copy shall be retained by the Department of Community Development.
(d)   Requirements Prior to Recording. Prior to filing the final plat for recording, the subdivider shall submit to the Department of Community Development the Construction Agreement in accordance with Section 1185.02, Performance Guarantee in accordance with Section 1185.03, Restoration Bond in accordance with Section 1185.04 (if applicable), and other materials required to ensure compliance with the Subdivision Regulations and with the conditions of approval.
Prior to execution of the Construction Agreement, the Department of Engineering Services shall review and approve or reject for amendment the estimate of construction costs submitted by the subdivider. The City Engineer shall use the approved estimate as a basis for determining the projected costs of inspection of all improvements. The subdivider shall submit to the City the inspection fees in the manner provided in the Construction Agreement.
Prior to execution of the Construction Agreement, the subdivider shall submit to the Department of Community Development one set of Improvement Plans, prepared in accordance with Section 1183.02, which have been corrected to reflect any modifications required by the approvals made by the Planning Commission and the City Engineer and which shall be the plans which shall guide the construction of the improvements.
Upon review, approval, and execution of all such items, the City Engineer, the Secretary of the Planning Commission and the President of the City Commission shall place their signatures on the final plat, constituting final approval of the subdivision and authorization to the subdivider to file the plat for recording.
(e)   Recording. The subdivider shall submit the final plat to the Office of the Erie County Recorder and successfully complete all requirements for filing for record within six (6) months from the date of approval by the Planning Commission and subsequent to signing by all City officials. The subdivider shall provide to the Department of Community Development a copy of the final plat as recorded.
Approval of a final plat shall expire six (6) months after the approval is granted unless the plat is recorded in the Office of the Erie County Recorder prior to the date of expiration. The Planning Commission may grant extensions of final plat recording.
(f)   Alternative Procedures for Improvements Prior to Recording. The subdivider may request authorization to install improvements described on the final plat prior to recording the final plat. Such request shall be made in writing at the time of submitting the final plat for review. The Planning Commission may authorize the City staff to delay the filing of the plat for record until such time as the improvements have been installed. The subdivider shall comply with all other applicable requirements of the Subdivision Regulations with regard to improvement plans, agreements and guarantees, inspections, fees and related provisions, except that the Performance Bond may not be required, subject to approval by the City Engineer. (Ord. 02-176. Passed 10-28-02.)

1179.06 CONSTRUCTION PROCEDURES.

   (a)   Submittal of Fees; Evidence of Insurance. Prior to receiving authorization to proceed with construction, the subdivider shall submit to the City Engineer the fees for inspection and testing and evidence of liability insurance as established by the Subdivision Regulations and by the Construction Agreement.
   (b)   Authorization to Proceed. Upon determining that the subdivider has met all conditions required prior to construction, the Director of Community Development and City Engineer shall issue written authorization to the subdivider to proceed with installation of improvements. Construction of improvements, clearing, grubbing or grading shall not be commenced prior to receipt of written approval from the Director of Community Development and the City Engineer.
   (c)   Installation of Improvements. The subdivider shall install all improvements required by the Subdivision Regulations and in accord with the terms of the approvals granted by the City and the terms of the Construction Agreement.
   (d)   Installation of Site Improvements by Assessment as an Alternate. In the event that the developer should desire to have the required site improvements installed by the City, and assessed against the benefited property, the developer may, after executing and filing the Performance Guarantee (unless waived by the City Commission), and with the approval of the City Commission, file a petition for the improvements in the City’s standard form. The City may then install the site improvements, and when each separate lot has been improved by the erection of a building thereon, and the value of the lot as improved by the building and site improvements is at least equal to 300% of the amount to be assessed against it by the City for the site improvements, the City shall release that proportion of the total guarantee that the assessment for the site improvements for the lot bears to the total assessments for all site improvements.
   (e)   Supervision of Installation. The installation of all required improvements shall be supervised by a professional engineer employed by the subdivider.
   (f)   Inspections During Construction. The City shall make inspections during the installation of improvements to ensure conformity with the approved Improvement Plans and the Construction Agreement. Inspections shall also be made of all new streets that are not proposed to be public to confirm that they are being built to City’s Engineering Design and Construction Standards. Such inspections shall be performed according to schedules and methodologies approved by the City, in conformance with the Engineering Design and Construction Standards, and as contained in the Construction Agreement.
   (g)   Modification of Improvement Plans. If at any time before or during the construction of the required improvements it is demonstrated to the satisfaction of the City Engineer that unforeseen conditions make it necessary or preferable to modify the location or design of such required improvements, the City Engineer may authorize such modifications upon written request of the subdivider, provided such modifications are within the spirit and intent of the Planning Commission’s approval and do not amount to the waiver or substantial alteration of the function of any improvement required by the Planning Commission. The City Engineer shall issue such authorization in writing and shall transmit a copy to the Planning Commission.
   (h)   Maintenance Prior to Acceptance. During all times prior to acceptance of the improvements by the City, the subdivider shall be responsible for routine maintenance of all improvements (including snow removal, sweeping, cleaning of storm sewers, and other maintenance activities) and shall repair all failures due to faulty construction as soon as they become apparent.
(Ord. 02-176. Passed 10-28-02.)

1179.07 ACCEPTANCE OF IMPROVEMENTS.

   (a)   Final Payment for Inspections and Testing. Upon completion of the required inspections and testing, the City Engineer shall make a final and complete statement of the amount of the inspection and testing costs charged or to be charged to the subdivider and shall make a recommendation to the City Finance Director that the City require final payment or make refund to the subdivider consistent with the terms of the Construction Agreement.
   (b)   Certification of Improvements and As-built Plans. The professional engineer who supervised the installation of the improvements shall, after completion of installation, certify to the City Engineer that all improvements have been constructed as required by the Construction Agreement and as such requirements have been modified by the City during construction and shall provide to the City Engineer one set of plans in form acceptable to the City accurately describing all improvements as constructed.
   (c)   Waiver of Liens. The subdivider shall, prior to the acceptance of improvements by the City, provide waivers of liens executed by all material suppliers, laborers, contractors, and subcontractors who have provided materials or performed work related to the construction of improvements.
   (d)   Acceptance Before Recording. The subdivider shall advise the City Engineer in writing when all improvements have been completed and all requirements and conditions have been complied with. The City Engineer and the Director of Community Development shall evaluate the improvements to determine if all improvements have been completed and that all requirements and conditions have been complied with. After such evaluation, they shall make a recommendation to the City Commission to accept or deny the improvements for ownership, operation and maintenance. The City Commission shall accept the improvements by the adoption of a resolution or may deny the improvements with good reason. At the time of acceptance of the improvements, action shall be taken to release the Performance Guarantee, if any, and to establish the Maintenance Guarantee in accordance with Section 1185.07, if applicable.
   (e)   Conversion of Private Street to Public Street after Recording. Criteria for the acceptance of private streets as public streets after recording shall be as follows:
(1)   Right-of-way width.
(2)   Street width.
(3)   Curb and gutter.
(4)   Roadway typical section.
(5)   Pavement thickness and strength.
(6)   Sidewalk installation and placement.
   (f)   Procedure for Conversion of Private Street to Public Street after Recording.
(1)   An applicant seeking conversion of a private street to a public street shall first consult with the City Planning and Engineering staff.
(2)   The applicant shall submit core tests and certified “as built plans” from a professional engineer, as required by the City Engineer. The City Engineer shall review these submittals to determine if the street meets all City Engineering Design and Construction Standards.
(3)   The applicant shall then submit a written application upon a form acceptable to the City Planning and Engineering staff for staff’s review and recommendation to the Planning Commission.
(4)   Upon review and approval of the Planning Commission, the Commission shall certify one copy of the approved application and meeting minutes to City Commission for approval or disapproval.
(5)   In the event of a disapproval recommendation by the Planning Commission, the applicant may submit this matter for review by the City Commission. However, a two-thirds vote of the City Commission shall be necessary to override the recommendation of the Planning Commission.
(6)   The decision of the City Commission as to approval or disapproval of the request for private to public street conversion shall be final.
         (Ord. 02-176. Passed 10-28-02.)

1179.08 APPEALS.

   Any person who believes he has been aggrieved by the actions of the Planning Commission in regard to any matter concerned with the subdividing or development of land or approval of a plat has the rights of appeal as set forth in Section 711.09 of the Ohio Revised Code or any other applicable section of the Ohio Revised Code.
(Ord. 02-176. Passed 10-28-02.)

1181.01 GENERAL REQUIREMENTS.

   (a)    Plats shall be prepared by a professional surveyor or professional engineer.
   (b)   Where possible, the entire proposed subdivision shall be drawn on a single sheet.
   (c)   Final plats shall be drawn on media approved by the Department of Community Development and in compliance with any requirements of the Erie County Recorder’s Office.
(Ord. 02-176. Passed 10-28-02.)

1181.02 CONTENTS OF PRELIMINARY PLAT FOR MAJOR SUBDIVISION.

   A preliminary plat shall be prepared by a professional engineer or professional surveyor and shall include, as applicable and as determined by the Planning Commission, the following:
(a)   A vicinity map drawn at a scale of not less than one inch equals four hundred feet (1” = 400’) describing the vicinity of the property proposed to be subdivided and including the boundary lines of adjoining properties within an area bounded by the nearest arterial or collector streets or other natural boundaries; the current use of adjoining land; the current zoning districts of adjoining land; the ownership of adjoining land; and the alignments of existing streets.
(b)   Location of the proposed subdivision by city, county, original lot or by other legal description.
(c)   Name and address of the subdivider. If the subdivider is not the owner of the property, the subdivider shall submit evidence of authority to act in behalf of the owner in a form satisfactory to the Department of Community Development.
(d)   The name and seal of the professional engineer or professional surveyor who prepared the preliminary plat, and the name of the designer of the plat.
(e)   Proposed name of the subdivision.
(f)   The plat shall be drawn at a scale not smaller than one inch equals one hundred feet (1” = 100’), unless otherwise allowed by the Planning Commission.
(g)   North arrow and scale.
(h)   Date of preparation.
(i)   Total acreage within the proposed subdivision.
(j)   Boundary line of the proposed subdivision.
(k)   The current use and zoning district of the property to be subdivided.
(l)   Preliminary delineation of the phases of the subdivision, that is, the parts of the subdivision proposed to be presented for one or more final plat approvals, their sequence and scheduling.
(m)   Locations of or reference to locations of existing monuments or survey markers used in preparation of the survey and the grade elevation of each monument and marker.
(n)   Topographic data including existing and proposed contours, at vertical intervals of not more than two (2) feet (topographic data shall refer to City of Sandusky datum), watercourses, marshes, rock outcrops, and other significant features including wetlands as defined by the standards of the U.S. Army Corps of Engineers and the Ohio Environmental Protection Agency.
(o)   High water levels in vicinities of lakes, rivers and other natural bodies of water.
(p)   Locations in floodplains, floodways and identification of other potentially hazardous areas.
(q)   Layout, numbers and typical dimensions of lots to the nearest foot for each existing and proposed lot.
(r)   Building setback lines and dimensions thereof.
(s)   Sites of proposed open space, parks or other community facilities. Indication of the proposed use of any lot not subdivided for building purposes and the proposed use of any lot not intended exclusively for single-family dwellings.
(t)   Locations, widths and names of all existing or previously platted streets or other rights-of-way, showing types of improvement, if any, railroad and utility rights-of- way and easements, parks and other public open spaces, existing permanent buildings and structures, including cellular towers, and existing lot, section, tract and corporate lines within the proposed subdivision and to a distance of two hundred (200) feet beyond the proposed subdivision.
(u)   Locations of proposed streets, alleys, pedestrian ways, and utility easements, indicating proposed dimensions and names.
(v)   Locations and sizes of existing sanitary and storm sewers, water mains, gas lines, electric lines, cable lines, culverts, above ground drainage facilities, other underground and above ground facilities within the proposed subdivision and to a distance of two hundred (200) feet beyond the subdivision, also indicating such data as grades, invert elevations and locations of catch basins, manholes and hydrants.
(w)   Preliminary layout for proposed systems and connections to existing water and sanitary sewer systems and for the collection and discharge of surface water drainage, including the locations and sizes of proposed facilities.
      (Ord. 02-176. Passed 10-28-02.)

1181.03 CONTENTS OF FINAL PLAT FOR MAJOR SUBDIVISION.

   (a)   A final plat shall be prepared subsequent to and substantially in conformance with a previously approved preliminary plat. With the approval of the Planning Commission, a final plat may be submitted for a phase or portion, which is proposed for recording and construction. A final plat shall include, as applicable and as determined by the Planning Commission, the following:
(1)   Proposed name of the subdivision.
(2)   Location of the subdivision by city, county and by original lot or other legal description.
(3)   Name and address of the subdivider. If the subdivider is not the owner of the property, the subdivider shall submit evidence of authority to act in behalf of the owner in form satisfactory to the Department of Community Development.
(4)   The name and seal of the professional engineer or professional surveyor who prepared the final plat, and the name of the designer of the plat.
(5)   North arrow and scale.
(6)   Date of preparation.
(7)   Boundary line of the proposed subdivision.
(8)   Total acreage within the area of the subdivision or phase of subdivision.
(9)   Layout of streets showing right-of-way widths, pavement widths and street names.
(10)   Locations and widths of alleys, pedestrian ways and utility easements.
(11)   Accurate angular and lineal dimensions for all lines, angles, curvatures, and radii, with functions used to describe all boundaries, including perimeter survey of subdivision, streets, alleys, easements, areas to be reserved for public use and other important features. Error of closure of boundary line surveys shall not exceed one foot for each 10,000 feet of perimeter survey. Lot lines shall show dimensions in whole feet and hundredths of feet, and when an angle occurs in any lot line between lot corners, the measurements of the angle shall be shown.
(12)   An identification system for all lots and blocks.
(13)   True angles and distances to the nearest established street lines and official monuments (not less than three (3)), which shall be accurately described in the plat by location, size and elevation; municipal, township original lot lines, county or section lines accurately tied to the lines of the subdivision by distance and angles.
(14)   Accurate locations of all monuments.
(15)   Accurate outlines and legal descriptions of any areas, including streets, to be dedicated or reserved for public use, to be reserved for other purposes, or for the exclusive use of property owners within the subdivision with the purposes indicated thereon. (Statements signed by the owner setting forth the rights associated with the easements and reserve parcels shown on the plat.)
(16)   Required statements, acknowledgements, certifications, and approvals in form approved by the City including:
A.   Owner’s dedication to the City of all land for streets, parks, open space and utility easements;
B.   Notary’s certificate;
C.   Surveyor’s certificate;
D.   Planning Commission approval;
E.   Certificate as to improvements; and
F.   Certificate as to street names.
(17)   A delineation of wetlands, prepared according to the standards established by the U.S. Army Corps of Engineers and the Ohio Environmental Protection Agency, evidence of compliance with the regulations thereof and evidence that any required permits have been obtained. If a Phase I assessment has been completed, it shall be submitted.
(18)   Locations in floodplains, floodways and identification or other potentially hazardous areas.
(19)   High water levels in vicinities of lakes, rivers and other natural bodies of water.
(20)   Minimum building setback lines on all lots and other sites displayed graphically with dimensions from street lines.
(21)   Protective Covenants. An outline of the protective covenants proposed to regulate and protect the development.
   (b)   The following items shall also be submitted with the final plat, as required by the Planning Commission:
(1)   The Improvement Plans for the subdivision as required by the Subdivision Regulations, by the Engineering Design and Construction Standards, and by all other regulations of the City.
(2)   Construction cost estimate, prepared by a professional engineer, of the projected costs of the proposed improvements based on reasonable and current prices.
(3)   Construction Agreement, bonds, insurance, guarantees, and title search as may be required.
(4)   A title search report as required in Section 1185.06 of the Subdivision Regulations.
         (Ord. 02-176. Passed 10-28-02.)

1183.01 GENERAL.

   (a)   Improvements Required. The subdivider shall, at the subdivider’s expense, design, construct, and install the improvements required by the Subdivision Regulations. All improvements shall comply with the provisions of the Subdivision Regulations and with the City’s Engineering Design and Construction Standards.
   (b)   Engineering Design and Construction Standards Adopted. Consistent with the intent and provisions of the Subdivision Regulations, the Department of Community Development and the Department of Engineering Services shall prepare and adopt such additional standards, specifications, and policies regarding the location and design of improvements as they deem necessary for the proper design, documentation, inspecting, testing, maintenance, ownership, and operation of such improvements. The Department of Engineering Services shall maintain a written record of such adopted standards, which shall be known as the “Engineering Design and Construction Standards” and shall make copies available to the subdivider.
   (c)   Conformance with Plans and Ordinances. Every subdivision shall be designed and constructed in a manner in conformance with the objectives of the Comprehensive Plan, in general compliance with the plan for the area in which it is located, and in conformance with the Zoning Ordinance of the City of Sandusky.
   (d)   Minimization of Impacts. Every subdivision shall be designed in a manner, which minimizes to the extent possible the creation of impacts such as traffic, storm runoff, sanitary waste, or water demand, which exceed the capacity of the improvements, planned for the area.
(Ord. 02-176. Passed 10-28-02.)

1183.02 STANDARDS FOR IMPROVEMENT PLANS.

   (a)   The subdivider shall prepare and submit complete Improvement Plans, which describe the improvements to be constructed. Such descriptions shall be known as the “Improvement Plans” and shall consist of such drawings, plans, reports, and other forms of information as the Department of Community Development and the Department of Engineering Services deem necessary to ensure compliance with the provisions of the Subdivision Regulations and with the Engineering Design and Construction Standards.
   (b)   Improvement Plans shall be clearly and legibly drawn. For each required submittal, the subdivider shall submit to the City Engineer three (3) reproducible sets of plans and three (3) complete electronic file copies. The City Engineer shall establish standards for document sizes, drawing scales, electronic format, and other requirements for Improvement Plans.
   (c)   Improvement Plans shall be prepared under the direction of a professional engineer who shall sign the plans as evidence thereof.
   (d)   Improvement Plans shall include as applicable, but shall not be limited to, plans, profiles, and details for all monuments, lots and blocks, easements, streets, pedestrian ways, signs, water supply, sanitary sewer, storm water drainage, other utility improvements, landscaping, erosion and sediment control, trees and natural features, reserves and public sites, and other improvements which may be required by the Subdivision Regulations.
   (e)   The Department of Engineering Services may require revisions to the Improvement Plans.
   (f)   The final set of Improvement Plans shall be submitted to the City Engineer in the form of one reproducible set of plans and one complete electronic file copy.
(Ord. 02-176. Passed 10-28-02.)

1183.03 MONUMENTS.

   Permanent monuments shall be set under the direction of a professional surveyor according to the Engineering Design and Construction Standards.
   All U.S., State, County, City or other official bench marks, monuments or triangulation stations in or adjacent to the property shall be preserved in precise position.
(Ord. 02-176. Passed 10-28-02.)

1183.04 LOTS AND BLOCKS.

   (a)   Lots.
(1)   Every lot shall be of a shape and location and shall have topographic characteristics, which makes it suitable for use or construction of buildings in a manner in conformance with the Ordinances of the City.
(2)   Side lot lines shall be substantially at right angles to or radial to the street line.
(3)   Lots shall be as nearly rectangular as possible. The average depth of a lot shall not exceed three and one-half (3 ½) times its average width unless approved by the Planning Commission.
(4)   Every lot shall abut on an improved public street.
(5)   Double frontage lots, being lots other than corner lots having frontage on more than one street, may be permitted by the Planning Commission if one frontage is on an arterial street and vehicular access from that street is prohibited; or topographic or other conditions render subdividing otherwise unreasonable. Irregularly shaped lots shall be avoided. The Planning Commission may require that lots containing or abutting a watercourse, drainage way, channel or stream be platted with additional depth or width to provide an acceptable building site and lot area suitable for its intended use.
   (b)   Blocks shall be designed in a manner that conforms to all requirements of this chapter and with the Zoning Ordinance, particularly with regard to requirements for streets, pedestrian ways, lot dimensions and uses of the land.
(Ord. 02-176. Passed 10-28-02.)

1183.05 EASEMENTS.

   Easements shall be provided for any overhead or underground utility service, including storm water drainage, cellular towers and cable lines, where required by the Planning Commission or by the Engineering Design and Construction Standards.
   Where utilities are located outside street right-of-way lines, easements at least twenty (20) feet in width centered along rear or side lot lines shall be provided. A utility easement shall be provided along the rear of every lot and along such other lot lines as required to provide a continuous and usable easement area. Additional easements may be required.
   Where a subdivision is traversed by an open watercourse, drainageway, channel or stream, there shall be provided a drainage easement conforming substantially with the lines of such watercourse or floodplain and including an additional area at least twenty (20) feet wide beyond the floodplain. Where a subdivision is traversed by an enclosed storm sewer or by a sanitary sewer, an easement shall be provided conforming to the Engineering Design and Construction Standards for the purposes of operation, maintenance, repair, and replacement of such sewer.
(Ord. 02-176. Passed 10-28-02.)

1183.06 STREETS.

   (a)   General Criteria. The design and location of streets shall conform to the following general criteria:
(1)   Streets shall be arranged to provide for the continuation of existing streets. Extensions shall be provided to adjoining properties for future access.
(2)   Local residential streets shall be arranged to discourage through traffic while providing for interconnection of neighborhoods and reasonable access for safety and service vehicles.
(3)   Street arrangement, dimensions, and materials shall be designed to accommodate present and future planned traffic without requiring excessive consumption of land or materials or creating unnecessary costs for original construction, maintenance, repair, or replacement.
   (b)   Street Rights-of-Way and Pavement Width. Streets shall be platted and constructed with the following minimum widths in conformance with the plans and regulations of the City. The requirements of the Engineering Design and Construction Standards shall supersede all requirements listed below, when contradiction occurs.
Street Type
Minimum ROW Width
Minimum Pavement Width
 
Arterial
100 feet
As approved by the Planning Commission
Collector
80 feet
30 feet
Local
60 feet
27 feet
Cul-de-sac
120 feet
27 feet
Boulevard
80 feet
18 feet each lane
Alleys
 
 
Commercial or Industrial
22 feet
 
 
   The minimum pavement widths stated above shall be required for all streets, except that the Planning Commission, with a recommendation from the City Engineer, shall have the authority to permit lesser pavement widths where on-street parking will be prohibited and the Commission determines that adequate off-street parking will be provided to meet the parking demand for the abutting land uses.
   Right-of-way width shall be measured along a line perpendicular to the lines delineating the edges of the right-of-way and extending from one right-of-way line to the opposite right-of-way line.
   Pavement width shall be measured along a line perpendicular to the edge of the pavement where it abuts the curb and extending from one such pavement and curb line to the opposite such line.
   (c)   Street Alignment.
(1)   Streets shall intersect as nearly as possible at an angle of ninety (90) degrees, but not at less than seventy-five (75) degrees or more than one hundred five (105) degrees.
(2)   Tangents at least fifty (50) feet long shall be introduced between reverse curves on collector streets.
(3)   Where there is a deflection in the street alignment in excess of ten (10) degrees, a curve shall be inserted with a radius of not less than two hundred (200) feet for minor streets and not less than five hundred (500) feet for all other streets.
(4)   Intersections shall be offset a minimum of two hundred ten (210) feet, measured from the intersections of the centerline of the streets. Intersections of more than two (2) streets shall be prohibited.
(5)   Curb corners shall be constructed with radii as approved by the City Engineer based on the width of the intersecting streets, the angle of intersection, the nature of vehicular and pedestrian traffic, and the Engineering Design and Construction Standards.
(6)   Horizontal and vertical alignments, including centerline radius, sight distance, minimum gradient, maximum gradient, and vertical curve length shall conform to the Engineering Design and Construction Standards.
   (d)   Cul-de-sac Streets. The maximum length of a cul-de-sac street shall be seven hundred fifty (750) feet measured along the centerline from the intersection with the centerline of the intersecting street to the center of the turnaround. The Planning Commission may approve a greater length. Each cul-de-sac shall have a circular turnaround with a minimum pavement diameter of one hundred (100) feet and a right-of-way diameter of one hundred twenty (120) feet. The Planning Commission may require a center island, provided that the subdivider must submit a plan for landscaping and perpetual maintenance for approval.
   (e)   Street Names and Designations. Street names shall be as approved by the Planning Commission. Names shall be selected so as to minimize confusion with existing street names in the City of Sandusky or in Erie County.
   (f)   Alleys. Alleys may be approved in apartment, commercial and industrial districts. Alleys may be approved in one and two-family districts as extensions of existing alleys.
   (g)   Pavement. Pavements of asphalt with concrete curb and gutter, or concrete with integral curb, shall be installed in conformance with the Engineering Design and Construction Standards. Underdrains, curbs, subbase, storm water inlets, and other characteristics of street construction shall be in conformance with the Engineering Design and Construction Standards.
   (h)   Street Lighting. Streetlights shall be installed in conformance with the Engineering Design and Construction Standards, and shall be of a fully-shielded design, and shall employ warm toned (3000K or lower) white light sources, amber light sources, or filtered LED light sources.
   (i)   Culverts and Bridges. Culverts and bridges shall be installed in conformance with the Engineering Design and Construction Standards.
   (j)   Driveway Aprons. Driveway aprons shall be installed from the sidewalk or street line to the curb at all driveway locations in conformance with the Engineering Design and Construction Standards.
(Ord. 02-176. Passed 10-28-02; Ord. 24-161. Passed 8-26-24.)

1183.07 PEDESTRIAN WAYS.

   (a)   Pedestrian Circulation. Improvement Plans shall include such facilities as are deemed necessary by the Planning Commission for safe and convenient pedestrian circulation, bicycle circulation, and handicap or disabled traffic within the subdivision and between the subdivision and surrounding areas. Such facilities shall be in conformance with and made a part of any plans adopted by the City for pedestrian and bicycle circulation and with the Engineering Design and Construction Standards. It shall be the intent of this provision to ensure that all properties provide direct and safe access for pedestrians to the sidewalk system of the City.
   (b)   Sidewalks Required. In conformance with the adopted plans of the City and with the Engineering Design and Construction Standards, the subdivider shall install concrete sidewalks in the public right-of-way and parallel to the street frontage. On corner lots, the subdivider shall provide sidewalks on both frontages in addition to handicapped accessible crossing ramps. Such crossing ramps shall be designed and constructed in accordance with the applicable requirements of the Federal Americans with Disabilities Act. Sidewalks shall be at least four (4) feet in width, except that the Planning Commission may require that the sidewalks have greater width consistent with plans adopted by the City and with the Engineering Design and Construction Standards.
   The Planning Commission may approve or require, in addition to or in place of sidewalks along the street, the construction of sidewalks along rear or side property lines where such alternative locations are appropriate to provide more safe, direct, or attractive access to the sidewalk system of the City or to provide walking access to schools, and other public buildings. Where approved by the Planning Commission, such sidewalks may be constructed of a material other than concrete. (Ord. 02-176. Passed 10-28-02.)

1183.08 PARKING.

   All required parking in residential subdivisions shall be required to be located off-street.
(Ord. 02-176. Passed 10-28-02.)

1183.09 SIGNS.

   All street name signs, traffic and pedestrian way signs shall be installed by the subdivider and shall conform to the Engineering Design and Construction Standards and the Ohio Department of Transportation’s Manual of Uniform Traffic Control Devices (OMUTCD).
(Ord. 02-176. Passed 10-28-02.)

1183.10 WATER SUPPLY.

   (a)   Water supply improvements shall be installed by the subdivider in conformance with the Engineering Design and Construction Standards.
   (b)   Water mains shall have a diameter of at least eight (8) inches.
   (c)   Service line connections shall be provided for each lot from the water line to the edge of the public right-of-way as approved by the Department of Engineering Services.
   (d)   Hydrants shall be installed by the subdivider in conformance with the Engineering Design and Construction Standards and as approved by the Department of Engineering Services and the Fire Department of the City of Sandusky.
   (e)   Water main extensions shall be installed by the subdivider to the farthest point of the last lot being served by such water main except that, when extending across a corner lot, the main shall be extended into or across the intersecting right-of-way or easement to a point determined by the Department of Engineering Services.
   (f)   Water mains shall be installed in a manner that will permit supplying all points from two (2) directions unless otherwise approved by the Department of Engineering Services.
   (g)   Valves shall be installed at intervals not exceeding one thousand (1,000) feet along water mains and at each leg of intersecting mains unless specified as otherwise in the Engineering Design and Construction Standards.
   (h)   The Department of Engineering Services may require that the subdivider install water mains larger than the adequate design required for the water demands of the subdivision itself, however, any such requirement and agreement to pay for such additional requirement with City funds shall only be made with approval of the City Commission.
(Ord. 02-176. Passed 10-28-02.)

1183.11 SANITARY SEWER.

   (a)    Sanitary sewer improvements shall be installed by the subdivider in conformance with the Engineering Design and Construction Standards.
   (b)    Sanitary sewers shall have a minimum diameter of eight (8) inches.
   (c)   Lateral connections shall be provided for each lot or for each primary building on the lot from the sanitary sewer to the edge of the public right-of-way or as approved by the Department of Engineering Services.
   (d)   Sanitary sewage shall not be drained into storm sewers. Storm water, including yard drainage tile, footer drains and roof drainage tile, shall not be drained into a sanitary sewer.
   (e)   Grades of sanitary sewers shall be designed and installed to provide a minimum flow velocity of two (2) feet per second when the pipe is full.
   (f)   Sewage lift stations, sewage grinder pumps, or individual household sewage disposal systems shall only be permitted under circumstances of extreme hardship with the approval of the Director of Engineering Services.
(Ord. 02-176. Passed 10-28-02.)

1183.12 STORM DRAINAGE.

   (a)    The subdivider shall install storm water drainage facilities, including but not limited to ditches, storm sewers, catch basins, manholes, curb drains, and other drainage appurtenances as required by these provisions and by the Engineering Design and Construction Standards.
   (b)   Storm sewers shall be designed and installed in a manner approved by the City Engineer as adequate to handle the required design flows, but shall not be less than twelve (12) inches in diameter. Storm sewer grades shall be designed and installed to provide a minimum full pipe velocity flow of two (2) feet per second.
   (c)   Storm drainage facilities shall be separate and independent of the sanitary sewer system.
   (d)   A storm sewer lateral shall be installed for each lot from the storm sewer to the edge of the public right-of-way or as approved by the City Engineer.
   (e)   Open storm drainage facilities such as swales, ditches, retention basins, and culverts and alteration of existing natural watercourses may be approved by the Department of Engineering Services, when such improvements are determined to be necessary for consistency or compatibility with existing improvements which are being extended, for the protection of natural features and drainage patterns, to ensure the effective functioning of the drainage facilities in the subdivision and its surroundings, or for aesthetic benefits. Drainage shall not create a nuisance on public or private property and shall comply with all regulations of the Sandusky Building Code.
   (f)   Facilities for the detention of storm water shall be provided where necessary to control the impacts of increased storm water leaving the site and with the purposes of:
(1)   Permitting commercial, industrial, and residential development without increasing the flooding of other lands;
(2)   Limiting and/or reducing the adverse impacts on receiving streams, storm sewers, and other drainage facilities caused by accelerated runoff due to development; and
(3)   Providing a basis for design of storm drainage systems on land above or below undeveloped areas, which will preserve the rights and options of both contributing and receiving property owners and assure the long-term adequacy of storm drainage systems.
Storm water facilities shall be designed according to criteria established in the Engineering Design and Construction Standards. Such criteria shall be established to ensure that peak discharge flow rates are controlled in proportion to increased runoff volume, that the peak flow rate or runoff generated by the critical storm and more frequently occurring storms does not exceed the peak flow rate or pre-development conditions; and that storms of less frequent occurrence than the critical storm up to a one hundred year storm have peak runoff rates not greater than the peak flow runoff rates from the equivalent storms under pre-development conditions.
   (g)   All requirements of the Flood Control Chapter 1157 shall be met.
(Ord. 02-176. Passed 10-28-02.)

1183.13 OTHER UTILITY IMPROVEMENTS.

   (a)   Electric, cable television, natural gas and telephone service lines shall be provided within each subdivision.
   (b)   Telephone, natural gas, electric, and street lighting wires, conduits, and television cables shall be constructed underground except in cases where the Department of Engineering Services determine that topographic, bedrock, or underground water conditions would result in excessive costs to the subdivider or that long-term operational and maintenance costs will be excessive. All transformer boxes shall be located so as not to be unsightly or hazardous to the public and in locations approved by the Department of Engineering Services and Utility Company.
   (c)   All drainage and underground utility installations, which traverse privately owned property, shall be located in easements approved by the Department of Engineering Services.
(Ord. 02-176. Passed 10-28-02.)

1183.14 OVERSIZE AND OFF-SITE IMPROVEMENTS.

   (a)   Where determined by the Planning Commission, in accordance with the recommendation of the Department of Engineering Services, utilities, pavements, and other improvements required for the proposed subdivision shall be designed oversized and with extensions provided to serve nearby land which is an integral part of the neighborhood service or drainage areas.
   The subdivider shall be required to pay for only that part of the construction costs for the arterial streets, sewers, or water lines, which serve the proposed subdivision. The City shall pay the difference between the cost of required improvements for the proposed subdivision and improvements required to service the surrounding areas in accordance with a schedule prepared by the City Engineer as indicated in subsection (b) set forth hereinafter.
   Upgrade reimbursement shall be subject to availability of duly appropriated funds. If a subdivider chooses to proceed with construction of upgraded utility lines after having been advised by the City Finance Director of the unavailability of duly appropriated funds, the subdivider shall do so at the subdivider’s risk and no reimbursement shall be due from the City. The decision of a subdivider to upgrade lines without certification from the City Finance Director that duly appropriated funds are available for reimbursement shall not commit the City Commission to any additional or future year appropriation.
   (b)   If streets or utilities are not available at the boundary of the proposed subdivision, and if the Planning Commission finds that the extension across undeveloped areas would not be warranted as a special assessment to the intervening properties or as a municipal expense until some future time, the subdivider may be required, prior to approval of the final plat, to obtain necessary assessments or rights-of-way and to construct and pay for such extensions. Such improvements shall be available for connections by subdividers of adjoining land.
   (c)   It is hereby determined by the City Commission that such reimbursements for oversizing and off-site improvements do not constitute a public works project of the City and, accordingly, are not subject to public bidding or other requirements or regulations applicable thereto. (Ord. 02-176. Passed 10-28-02.)

1183.15 EROSION AND SEDIMENT CONTROL; LANDSCAPING; TREES.

   (a)   Erosion and Sediment Control. Measures shall be taken to minimize erosion and its impacts during subdivision construction activity. Erosion control plans shall be designed to control erosion on-site and with the object of eliminating or minimizing erosion and sedimentation impacts off-site.
   Detailed erosion control plans setting forth the techniques to be used both temporarily (during construction) and permanently, and a schedule for implementing or installing them shall be submitted with the Improvement Plans. All erosion control devices shall be in place at the start of construction and other measures implemented according to the approved schedule. Techniques, devices, or measures used shall be as approved by the Department of Engineering Services based on site conditions and the Engineering Design and Construction Standards.
   (b)   Landscaping. All areas of disturbed soil shall be restored in a manner approved by the Department of Community Development and the Department of Engineering Services. Restoration shall include shaping to approved grades and seeding or planting in a manner to control erosion and to be reasonably maintained. Any unpaved areas of rights-of-way or pedestrian ways shall be graded, seeded, and planted as approved by the Department of Community Development and the Department of Engineering Services. Such landscaping shall be described in the Improvement Plans. Use of innovative landscaping techniques is encouraged.
   (c)   Trees. The subdivider shall install trees in the public right-of-way in conformance with the Engineering Design and Construction Standards. Trees shall be planted in the curb lawn of each lot and in such a manner as not to impair visibility at any corner or corners. Species of trees shall be chosen and trees planted according to the requirements of the ordinances of the City of Sandusky. Tree installation shall be described in the Improvement Plans.
(Ord. 02-176. Passed 10-28-02.)

1183.16 COMMERCIAL AND INDUSTRIAL AREAS.

   Streets constructed within subdivisions created for commercial and industrial districts shall be so located and designed as to minimize traffic impacts on local streets serving residential districts and to direct traffic generated by commercial and industrial activity away from such local residential streets.
(Ord. 02-176. Passed 10-28-02.)

1183.17 NATURAL AND HISTORIC FEATURES.

   In subdividing any land, due regard shall be shown for all natural features, such as tree growth, watercourses, historic spots as listed on the National Register of Historic Places, wetlands or similar conditions. (Ord. 02-176. Passed 10-28-02.)

1183.18 RESERVES AND PUBLIC SITES.

   (a)   Each reserve established within a subdivision shall be so designated as to indicate its intended future use.
   (b)   Reserve strips controlling access to streets shall be prohibited unless dedicated to ownership by the City. Acceptance of dedications for open space shall be by resolution of the City Commission. (Ord. 02-176. Passed 10-28-02.)

1185.01 AGREEMENTS AND GUARANTEES REQUIRED.

   Prior to approval of the final plat of any subdivision, the subdivider shall provide agreements, guarantees, bonds, insurance and other requirements as set forth in the Subdivision Regulations. (Ord. 02-176. Passed 10-28-02.)

1185.02 CONSTRUCTION AGREEMENT.

   To assure construction and installation of improvements required by the Subdivision Regulations, the subdivider shall execute a Construction Agreement in form and substance satisfactory to the City Law Director. The Construction Agreement shall, at a minimum, provide that: the improvements shall be constructed and installed at the subdivider’s expense, unless installed by the City to be later assessed, in compliance with the standards and specifications for each of the various types of improvements and according to the provisions of the Construction Agreement; the improvements shall be available to and for the benefit of the land within the subdivision; that the subdivider shall pay fees required for inspection and testing, and the schedule for such payments; and the improvements will be completed and installed by a specific stated date.
   The Construction Agreement shall further provide (if approval of the final plat has been given before construction of improvements and a required performance guarantee has been provided) that if the improvements are not completed within the specified time, the City Commission, after issuing thirty (30) days written notice to the subdivider, may complete the improvements and recover full costs and expenses thereof from the subdivider and may appropriate such portion of money or bonds posted for faithful performance of such work.
   The Construction Agreement shall further provide for the terms and conditions of the payment of inspection and testing costs.
(Ord. 02-176. Passed 10-28-02.)

1185.03 PERFORMANCE GUARANTEE.

   The subdivider, in lieu of prior construction of required improvements, shall furnish (prior to final approval of the final plat) a performance bond or other guarantee acceptable to the City Law Director to guarantee completion of required improvements. The bond or guarantee shall be in one of the following forms:
(a)   The subdivider may deposit a cash security or escrow with a bank acceptable to the City in the amount of one hundred percent (100%) of the estimated cost of the improvements. The security shall be in favor of the City of Sandusky who shall have sole control of disbursement. The bank shall be directed to pay out portions of the cash security toward the completion of the improvements only with the approval of the City Engineer who may require a balance to be maintained which the City Engineer determines sufficient to complete the improvements in accord with the approved plans and specifications. The City Engineer shall authorize the release of any balance to the subdivider only upon acceptance of the improvements by the City Commission.
In the event the improvements are not constructed within the time period designated in the Construction Agreement, the City Commission shall have the option, thirty (30) days after issuing written notice to the subdivider, to complete and maintain the improvements and to collect and receive from the bank any remaining balance of the security to be applied toward payment of costs and expenses of completing the improvements.
(b)   The subdivider may furnish a corporate surety bond in the principal amount of the estimated cost of the improvements with surety to the satisfaction of the City Law Director and in a form approved by the City Law Director, guaranteeing completion and maintenance of the improvements in accord with the approved plans and specifications. The bond shall remain in effect until the improvements have been completed and maintained as provided in the Subdivision Regulations and until released by authority of the City Commission. The bond shall provide that, upon default of performance by the subdivider and thirty (30) days after issuing written notice to the subdivider, the City may complete the improvements.
(c)   The subdivider may provide an irrevocable letter of credit from a bank or other financial institution acceptable to the City Finance Director guaranteeing funds in the amount of the estimated cost of the improvements, in a form approved by the City Law Director, guaranteeing completion and maintenance of the improvements to the same effect as (a) and (b) above.
      (Ord. 02-176. Passed 10-28-02.)

1185.04 RESTORATION BOND.

   The City Engineer may, where conditions warrant, require a restoration bond. The bond shall insure repair of any damage done to existing curbs, gutters, sidewalks, driveways, street pavement, landscaping, or other items within the right-of-way adjacent to a subdivision or within areas or easements controlled by the City. The amount of the bond shall be as determined by the City Engineer based on the City Engineer’s estimate of potential damage and shall be in a form approved by the City Law Director. The restoration bond shall be released when all damaged facilities, if any, have been restored to the satisfaction of the City Engineer.
(Ord. 02-176. Passed 10-28-02.)

1185.05 LIABILITY INSURANCE.

   A policy of liability insurance, in amounts as approved by the City Law Director, protecting the City against any claims for damage to person or property resulting from or by reason of the construction of the subdivision improvements, shall be furnished to the City Engineer and maintained by the subdivider in full force and effect until all improvements are completed and maintained to the satisfaction of the Director of Community Development and the City Engineer.
(Ord. 02-176. Passed 10-28-02.)

1185.06 TITLE SEARCH.

   A title search shall be performed by a qualified title company at the expense of the subdivider and prior to the final approval of the plat for recordation, verifying the title of the lands to be dedicated, and to determine that all taxes are paid on any streets or other lands dedicated to public use. The subdivider shall submit the title search report to the Director of Community Development.
(Ord. 02-176. Passed 10-28-02.)

1185.07 MAINTENANCE GUARANTEE.

   At the time of acceptance of the improvements by the City Commission, a maintenance guarantee shall be posted by the subdivider with the City Engineer in the amount of ten percent (10%) of the cost of improvements and shall have a term of twelve (12) months from date of acceptance of improvements. Said guarantee shall be a cash deposit, irrevocable letter of credit or corporate surety bond in form approved by the City Law Director.
   During the maintenance guarantee period, the subdivider shall make repairs resulting from erosion or abuse by private utility companies and shall repair all failures for all other reasons. The streets, street trees, monuments, and other improvements shall be in a condition acceptable to the City Engineer at the end of the maintenance period. If the subdivider fails to perform such maintenance to the complete satisfaction of the City, the City shall receive funds in the amount of such portion of the guarantee as is required to pay for the necessary repairs to the improvements.
(Ord. 02-176. Passed 10-28-02.)

1187.01 EXCEPTIONS FOR HARDSHIP.

   A subdivider may file a written request to the Planning Commission for modifications to the provisions of the Subdivision Regulations, specifying the hardships imposed by the provisions and the nature of the modifications requested.
   After considering the modification request by a subdivider, the Planning Commission may, where it finds that an extraordinary and unnecessary hardship may result from strict compliance with these regulations as a result of unusual topographical or other exceptional site conditions, vary or waive the provisions of the Subdivision Regulations so as to relieve the hardships provided that:
(a)   The request is consistent with the intent of the Subdivision Regulations;
(b)   The public interest will not be adversely affected; and
(c)   The abutting property owners will not be adversely affected.
   In granting such modifications, the Planning Commission may require such conditions as will, in its judgment, secure substantially the objective of the provisions so modified.
(Ord. 02-176. Passed 10-28-02.)

1187.02 MODIFICATIONS FOR PLANNED UNIT DEVELOPMENTS.

   In the review and approval of a plat for a planned unit development as defined and permitted by the Zoning Ordinance, the Planning Commission, after consideration of a recommendation by the City Engineer, may modify the application of the provisions of Chapter 1183 Required Improvements and Design Criteria of the Subdivision Regulations to the degree necessary to accomplish the objectives and standards required for a planned unit development under the Zoning Ordinance. Modifications or exemptions shall not be granted to exempt the subdivider from the requirements of Chapter 1179 Subdivision Procedures, Chapter 1181 Plat Requirements, or Chapter 1187 Administration and Enforcement.
(Ord. 02-176. Passed 10-28-02.)

1187.03 SEVERABILITY.

   If any section, subsection, sentence, clause or phrase of the Subdivision Regulations is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of the Subdivision Regulations.
(Ord. 02-176. Passed 10-28-02.)

1187.04 PLAT ADJUSTMENTS.

   No changes, erasures, modifications, or revisions shall be made in any plat of any subdivision after approval has been given by the Planning Commission and an endorsement is made in writing on a plat, unless the plat is first resubmitted and the changes approved by the Planning Commission, except that minor technical adjustments or corrections which do not significantly change the plat as approved may be made with the approval of the Director of Community Development and the City Engineer.
(Ord. 02-176. Passed 10-28-02.)

1187.05 VACATION OF PLAT.

   A plat or portion thereof may be vacated. The owner or owners of properties located within the area of the plat proposed to be vacated shall submit to the Planning Commission a document, which shall include a text and/or drawings in form approved by the City Law Director, declaring said plat or portion thereof vacated.
   If the vacation does not involve the vacation of a public right-of-way, easement, or other public property, the Planning Commission shall take action to approve, approve with conditions, or disapprove such document of vacation. The action of the Planning Commission shall be final.
   If the vacation involves the vacation of a public right-of-way, easement, or other public property, the Planning Commission shall make a recommendation to the City Commission. The City Commission may approve, approve with conditions, disapprove, or approve in part any such document.
   Upon approval by the City Commission, said document shall be recorded in like manner as plats of subdivisions and shall operate to destroy the force and effect of the plat, or portion thereof, so vacated. (Ord. 02-176. Passed 10-28-02.)

1187.06 FEES.

   (a)   General. Fees, in an amount as required by ordinance of the City, shall be submitted with applications for plat review and for inspection and testing of improvements.
   (b)   The subdivider shall pay for all testing of concrete, water lines, sanitary sewers, and other materials and improvements required to demonstrate conformance with the Subdivision Regulations, with the Engineering Design and Construction Standards, and with the terms of the Construction Agreement. The Construction Agreement shall state the terms of such testing and payment therefor. (Ord. 02-176. Passed 10-28-02.)

1187.07 VIOLATIONS AND PENALTIES.

   The following penalties shall apply to the violations of the Subdivision Regulations.
(a)   Whoever violates any provision of the Regulations or fails to comply with any order pursuant thereto is creating a public nuisance. Whoever violates the Subdivision Regulations shall be charged with a misdemeanor of the first degree and on conviction be imprisoned for no more than six (6) months and fined not more than one thousand dollars ($1,000.00).
(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 the City.
(c)   Whoever, being the owner or agent of the owner of any land within the City, transfers any lot, parcel, or tract of land from or in accordance with a plat of a subdivision before the plat has been recorded in the office of the County Recorder, shall forfeit and pay the sum of not less than ten dollars ($10.00) nor more than five hundred dollars ($500.00) for each lot, parcel or tract of land so sold to the City. This sum may be recovered in a civil action brought by the City Law Director in a Court of competent jurisdiction in the name of the City for the use of the street repair fund.
(d)   In addition to or in lieu of any other remedy, the City Law Director is authorized to seek an injunction, abatement or other appropriate remedy to enforce the provisions of the Subdivision Regulations.
      (Ord. 02-176. Passed 10-28-02.)
CODIFIED ORDINANCES OF SANDUSKY