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Wickliffe City Zoning Code

TITLE ELEVEN

Subdivision Regulations

1361.01 TITLE.

   These regulations shall be officially known, cited, and referred to as the Subdivision Regulations of the City of Wickliffe, Ohio.
(Ord. 2004-40. Passed 5-24-04.)

1361.03 POLICY.

   It is declared to be the policy of the City of Wickliffe to consider the subdivision of land and the subsequent development of the subdivided plat as subject to the control of the City pursuant to the Comprehensive Plan for the orderly, planned, efficient, and economical development of the City. This general policy is supported by the following specific subdivision policies.
(Ord. 2004-40. Passed 5-24-04.)

1361.05 PURPOSE.

   These regulations are adopted for the following purposes:
   (a)   To protect and provide for the public health, safety and welfare.
   (b)   To guide future growth and development of the City in accordance with the Comprehensive Plan.
   (c)   To provide for adequate light, air, and privacy, to secure safety from fire, flood, and other danger, and to prevent overcrowding of the land and undue congestion of population.
   (d)   To protect and conserve the value of land throughout the City and the value of buildings and improvements upon the land, and to minimize conflicts among the uses of land and buildings.
   (e)   To guide public and private policy and action in order to provide adequate and efficient transportation, water, sewerage, schools, parks, playgrounds, recreation, and other public requirements and facilities.
   (f)   To establish reasonable standards of design and procedures for subdivisions and re- subdivisions in order to further the orderly layout and use of land, and to ensure proper legal descriptions and monumentation of subdivided land.
   (g)   To assure that public facilities and services are available concurrently with development and with sufficient capacity to serve the proposed subdivision and that the community will be required to bear no more than its fair share of the cost of providing the facilities and services through requiring the developer to pay fees, furnish land, or establish mitigation measures to ensure that the development provides its fair share of capital facilities needs generated by the development.
   (h)   To prevent the pollution of air, streams, and ponds; to assure the adequacy of drainage facilities; to safeguard water quality; and to encourage wise management and use of natural resources throughout the municipality in order to preserve the integrity, stability, and beauty of the community and the value of the land.
   (i)   To provide for open spaces through the most efficient design and layout of the land, including the use of average density in providing for minimum width and area of lots, while preserving the density of development as established in the zoning ordinances of the City.
   (j)   To remedy problems associated with inappropriately subdivided lands, including premature subdivision, excess subdivision, partial or incomplete subdivision, scattered and low-grade subdivision.
      (Ord. 2004-40. Passed 5-24-04.)

1361.07 AUTHORITY.

   The Planning Commission of the City of Wickliffe is vested with the authority to review, approve, conditionally approve and disapprove applications for the subdivision of land, including sketch plans, preliminary plans, and final plats. The Board of Zoning Appeals may grant variances from these regulations pursuant to the provisions of Section 1361.19, except that the Planning Commission may grant variances where specifically authorized by the Zoning Code.
(Ord. 2004-40. Passed 5-24-04.)

1361.09 JURISDICTION.

   (a)   These regulations apply to all subdivision of land, as defined by Section 1363.03 (a)(103), located within the corporate limits of the City.
   (b)   No land may be subdivided through the use of any legal description other than with reference to a plat approved by the Planning Commission in accordance with these regulations.
   (c)   The Planning Commission also shall have the authority to review and approve, conditionally approve or disapprove the sale, lease, or development of lands subdivided prior to or following the effective date of these regulations as follows:
      (1)   The plat of subdivided land was recorded without the prior approval of the Planning Commission or Council, whether or not prior approval was required at the time the land was subdivided, and the plat contains contiguous lots in common ownership where one or more of the lots were undeveloped, whether the lots are owned by the original subdivider or an immediate or remote grantee from the original subdivider;
      (2)   The plat of the subdivided land has been of record for more than five (5) years, was not approved after the effective date of these regulations, and contains contiguous lots in common ownership where one or more of the contiguous lots are undeveloped, whether the lots are owned by the original subdivider or an immediate or remote grantee from the original subdivider;
      (3)   The plat of the subdivided land has been of record for more than five (5) years, was not approved after the effective date of these regulations, and contains contiguous lots in common ownership where one or more of the contiguous lots are undeveloped, and one or more is nonconforming under the zoning ordinance, whether the lots are owned by the original subdivider or an immediate or remote grantee from the original subdivider;
      (4)   The original subdivider or his successor failed to complete subdivision improvement requirements pursuant to a subdivision improvement agreement entered into when the plat for the subdivided land was approved and the plat contains contiguous lots in common ownership where one or more of the lots were undeveloped, whether the lots are owned by the original subdivider or an immediate or remote grantee from the original subdivider; except that this Section 1361.09 (d)(3) shall not apply if the municipality has obtained possession of sufficient funds from security provided by the subdivider with which to complete construction of improvements in the subdivision.
      (5)   Whenever the jurisdiction of the Planning Commission extends to one of the situations described in Section 1361.09(e)(1- 4), only the sale, lease, transfer, or development of an undeveloped lot or lots in common ownership shall be subject to these regulations.
   (d)   No land described in Section 1361.09 shall be subdivided or sold, l eased, transferred or developed until each of the following conditions has occurred in accordance with these regulations:
      (1)   The subdivider or his agent has submitted a conforming sketch plat of the subdivision to the Building Commissioner; and,
      (2)   The subdivider or his agent has obtained approval of the sketch plat, a preliminary plat when required, and a final plat from the Planning Commission or City Council; and,
      (3)   The subdivider or his agent files the approved plats with the Clerk and Recorder for Lake County.
   (e)   No building permit or certificate of occupancy shall be issued for any parcel or plat of land created by subdivision after the effective date of, and not in substantial conformity with, the provisions of these subdivision regulations, and no excavation of land or construction of any public or private improvements shall take place or be commenced except in conformity with these regulations.
(Ord. 2004-40. Passed 5-24-04.)

1361.11 ENACTMENT.

   In order that land may be subdivided in accordance with these purposes and policies, these subdivision regulations are hereby adopted and made effective as of May 24, 2004. All applications for subdivision approval, including final plats, pending on the effective date of these regulations shall be reviewed under these regulations except that these regulations will not apply if preliminary plat approval was obtained prior to the effective date of these regulations and the subdivider has constructed subdivision improvements prior to submission of a final plat as required by the municipality unless the Planning Commission determines on the record that application of these regulations is necessary to avoid a substantial risk of injury to public health, safety, and general welfare.
(Ord. 2004-40. Passed 5-24-04.)

1361.13 INTERPRETATION, CONFLICT, AND SEPARABILITY.

   (a)   Interpretation - In their interpretation and application, the provisions of these regulations shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare.
   (b)   Conflict - These regulations are not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, statute or other provision of law except as provided in these regulations. Where any provision of these regulations imposes restrictions different from those imposed by any other provision of these regulations or any other ordinance, rule or regulation, or other provision of law, the more restrictive provision or that which imposes higher standards shall control.
   (c)   Separability - If any part or provision of these regulations or the application of these regulations to any person or circumstances is adjudged invalid by any court of competent jurisdiction, the judgment shall be confined in its operation to the part, provision, or application directly involved in the controversy in which the judgment shall be rendered and it shall not affect or impair the validity of the remainder of these regulations or the application of them to other persons or circumstances. Council hereby declares that it would have enacted the remainder of these regulations even without any such part, provision, or application which is judged to be invalid.
(Ord. 2004-40. Passed 5-24-04.)

1361.15 SAVING PROVISION.

   These regulations shall not be construed as abating any action now pending under, or by virtue of, prior existing regulations, or as discontinuing, abating, modifying, or altering any penalty accruing or about to accrue, or as affecting the liability of any person, firm, or corporation, or as waiving any right of the municipality under any section or provision existing at the time of adoption of these regulations, or as vacating or annulling any rights obtained by any person, firm, or corporation by lawful action of the municipality except as shall be expressly provided for in these regulations.
(Ord. 2004-40. Passed 5-24-04.)

1361.17 AMENDMENTS.

   For the purpose of protecting the public health, safety and welfare, the Planning Commission may from time to time propose amendments to these regulations. Such regulations shall then be approved or disapproved by the Council at a public meeting following public notice.
(Ord. 2004-40. Passed 5-24-04.)

1361.19 VARIANCES, EXCEPTIONS, AND WAIVER OF CONDITIONS.

   (a)   General - Where unique conditions prohibit strict compliance with these regulations, the applicant may appeal to the Board of Zoning Appeals for relief. If the Board of Zoning Appeals finds that extraordinary hardships or practical difficulties may result from strict compliance with these regulations and/or the purposes of these regulations may be served to a greater extent by an alternative proposal, it may approve variances, substantial justice may be done and the public interest secured, provided that the variance, exception, or waiver of conditions shall not have the effect of nullifying the intent and purpose of these regulations; and further provided the Board of Zoning Appeals shall not approve variances, exceptions, and waiver of conditions unless it shall make findings based upon the evidence presented to it in each specific case that:
      (1)   The granting of a variance, exception, or waiver of conditions will not be detrimental to the public safety, health, or welfare or injurious to other property;
      (2)   The conditions upon which the request is based are unique to the property for which the relief is sought and are not applicable generally to other property;
      (3)   Because of the particular physical surroundings, shape, geographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of these regulations is carried out;
      (4)   The relief sought will not in any manner vary the provisions of the Zoning Ordinance, or Official Map, except that those documents may be amended in the manner prescribed by law.
   (b)   Conditions - In approving variances, exceptions, or waivers of conditions, the Board of Zoning Appeals and Planning Commission may require such conditions as will, in their judgement, secure substantially the purposes described in Section 1361.05.
   (c)   Procedures - An application for a variance, exception, or waiver of conditions shall be submitted in writing by the subdivider for the consideration of the Board of Zoning Appeals. The application shall state fully the grounds for the application and all of the facts relied upon by the petitioner. Procedure for variance from the requirements of these regulations shall follow the same as that prescribed by Chapter 1145 of the Zoning Ordinance of the City of Wickliffe.
(Ord. 2004-40. Passed 5-24-04.)

1361.21 ENFORCEMENT, VIOLATIONS, AND PENALTIES.

   (a)   General.
      (1)   It shall be the duty of the Building Commissioner to enforce these requirements and to bring to the attention of the Prosecuting Attorney or his designated agent any violations of these regulations.
      (2)   No owner, or agent of the owner, of any parcel of the land located in a proposed subdivision shall transfer or sell any part of the parcel before a final plat of the subdivision has been approved by the Planning Commission in accordance with the provisions of these regulations and filed with the Clerk and Recorder of Lake County.
      (3)   The subdivision of any lot or parcel of land by the use of metes and bounds description for the purpose of sale, transfer, lease, or development is prohibited.
      (4)    No building permit shall be issued for the construction of any building or structure located on a lot or plat subdivided or sold in violation of the provision of these regulations, nor shall the City have any obligation to issue certificates of occupancy or to extend utility services to any parcel created in violation of these regulations.
   (b)   Violations and Penalties. Any person who violates any of these subdivision regulations shall be subject to a fine of not more than one thousand dollars ($1,000) or imprisonment for a term not to exceed six (6) months , or both. Each day the violation continues shall be a separate violation subject to separate penalties.
   (c)   Civil Enforcement. Nothing in these subdivision regulations shall limit the authority of the City to take any appropriate action and proceeding in law or in equity to prevent any violation of these regulations, to prevent, unlawful construction, to recover damages, to restrain, correct or abate a violation and to prevent illegal occupancy of a building, structure or premises. These remedies shall be in addition to the penalties described above.
(Ord. 2004-40. Passed 5-24-04.)

1363.01 USAGE.

   (a)   For the purpose of these regulations, certain numbers, abbreviations, terms, and words shall be used, interpreted, and defined as set forth in this Chapter.
   (b)   Unless the context clearly indicates to the contrary, words used in the present tense include the future tense and words used in the plural include the singular.
(Ord. 2004-40. Passed 5-24-04.)

1363.03 MEANING.

   (a)   For the purpose of these regulations words and terms used herein shall have the following meaning:
      (1)   Adequate Public Facilities. Facilities determined to be capable of supporting and servicing the physical area and designated intensity of the proposed subdivision as determined by Council based on specific levels of service.
      (2)   Alley. A public or private right-of-way primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on some other street.
      (3)   Applicant. The owner of land to be subdivided or his representative, who shall have express written authority to act on behalf of the owner. Consent shall be required from the legal owner of the premises.
      (4)   Area of Benefit. An area of land which is designated by the Planning Commission as receiving benefits from or creating the need for the construction, acquisition, or improvement of a Public Facilities Project.
      (5)   Area Related Facility. A capital improvement designated in the capital improvements program as serving new development and which is not a site- related facility. Area- related facilities may include land dedication or construction of an oversized capital improvement, whether located offsite, or within or on the perimeter of the development site.
      (6)   Average Density. See Cluster Zoning.
      (7)   Block. A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of- way, shorelines of waterways, or boundary lines of municipalities.
      (8)   Bond. Any type of surety bond in an amount and form satisfactory to the Council. All bonds shall be approved by the Council whenever a bond is required by these regulations..
      (9)   Buffer. A naturally vegetated area or vegetated area along the exterior boundaries of an entire development processed in accordance with a multi phased or phased subdivision application which is landscaped and maintained as open space in order to eliminate or minimize conflicts between such development and adjacent land uses.
      (10)   Building. Any structure built for the support, shelter, or enclosure of persons, animals, chattels, or movable property of any kind.
      (11)   Building Commissioner. The person designated by the local government to enforce the Zoning Ordinance. If no administrative assistant is appointed to administer these regulations, the Building Commissioner shall administer these regulations.
      (12)   Capital Improvement. A public facility with a life expectancy of three or more years, to be owned and operated by, or on behalf of the local government.
      (13)   Capital Improvements Program. A plan setting forth those capital improvements and that portion of their costs which are attributable to serving new development within designated service areas for such public facilities over a period of specified years (10-20). Capital improvements program may refer either to the plan for a particular service area or to the aggregation of capital improvements and the associated costs programmed for all service areas for a particular category of public facilities.
      (14)   Central Sewer System. A community sewer system, including collection and treatment facilities, established by the developer to serve a new subdivision.
      (15)   Central Water System. A public or private water company formed to serve new subdivisions. It may include water treatment and distribution facilities.
      (16)   Certify. Whenever these regulations require that an agency or official certify the existence of some fact or circumstance, the municipality by administrative rule may require that such certification be made in any manner, oral or written, which provides reasonable assurance of the accuracy of the certification.
      (17)   Cluster Zoning. A technique which allows lots to be reduced in size and buildings sited closer together provided the total development density does not exceed that which could be constructed on the site under conventional zoning and the remaining land is utilized for open space or public purposes.
      (18)   Editor’s Note: This subsection is reserved for future legislation.
      (19)   Collector Roads. A road intended to move traffic from local roads to secondary arterial. A collector road serves a neighborhood or large subdivision and should be designed so that no residential properties face onto it.
      (20)   Common Ownership. Ownership by the same person, corporation, firm, entity, partnership, or unincorporated association; or ownership by different corporations, firms, partnerships, entities, or unincorporated associations, in which a stockbroker, partner, or associate, or a member of his family owns an interest in each corporation, firm, partnership, entity, or unincorporated association.
      (21)   Concurrency. Requirement that development applications demonstrate that adequate public facilities are available at prescribed levels of service concurrent with the impact or occupancy of development units.
      (22)   Condominium. A unit available for sale in fee simple contained in a multi- occupancy project subject to covenants and restrictions placing control over the common facilities in an elected board.
      (23)   Construction Plan. The maps or drawings accompanying a subdivision plat and showing the specific location and design of improvements to be installed in the subdivision in accordance with the requirements of the Planning Commission as a condition of the approval of the plat.
      (24)   Contiguous. Lots are contiguous when at least one boundary line of one lot touches a boundary line or lines of another lot.
      (25)   Cooperative. An entire project which is under the common ownership of a Board of Directors with units leased and stock sold to individual cooperators.
      (26)   Cul-de-Sac. A local street with only one outlet that terminates in a vehicular turnaround and having an appropriate terminal for the safe and convenient reversal of traffic movement.
      (27)   Design Criteria. Standards that set forth specific improvement requirements.
      (28)   Developer. The owner of land proposed to be subdivided or its representative who is responsible for any undertaking that requires review and/or approval under these regulations.
      (29)   Development Agreement. Agreement between the City of Wickliffe and the developer through which the City agrees to vest development use or intensity or refrain from interference with subsequent phases of development through new legislation in exchange for the provision of public facilities or amenities by the developer in excess of those required under current community regulations.
      (30)   Easement. Authorization by a property owner for another to use the owner's property for a specified purpose.
      (31)   Escrow. A deposit of cash with the local government or escrow agent to secure the promise to perform some act.
      (32)   Exactions. Requirement of development to dedicate or pay for all or a portion of land or costs of public facilities as a condition of development approval.
      (33)   Expenditure. A sum of money paid out in return for some benefit or to fulfil some obligation. The term includes binding contractual commitments whether by development agreement or otherwise to make future expenditures as well as any other substantial change in position.
      (34)   External Buffer. A naturally vegetated area or vegetated area along the exterior boundaries of an entire development processed in accordance with a multi phased or phased subdivision application which is landscaped and maintained as open space in order to eliminate or minimize conflicts between such development and adjacent land uses.
      (35)   Final Subdivision Plat. The map of a subdivision to be recorded after approval by the Planning Commission and any accompanying material as described in these regulations.
      (36)   Flexible Zoning. Zoning which permits uses of land and density of buildings and structures different from those which are allowed as of right within the zoning district in which the land is situated. Flexible zoning applications shall include all special permits and special uses, as well as, planned unit developments.
      (37)   Frontage. That side of a lot abutting on a street or way and ordinarily regarded as the front of the lot; but it shall not be considered as the ordinary side of a corner lot.
      (38)   Frontage Street. Any street to be constructed by the developer or any existing street where development shall take place on both sides.
      (39)   Grade. The slope of a road, street, or other public way specified in percentage terms.
      (40)   Health, Safety, or General Welfare. The purpose for which municipalities may adopt and enforce land use regulations for the prevention of harm or promotion of public benefit to the community; commonly referred to as police power.
      (41)   Homeowner's Association (see Property Owner's Association).
      (42)   Household. Any person or persons who reside in the same housing unit.
      (43)   Housing Unit. A building, or portion thereof which is designed or used primarily for residence purposes but not including motels, hotels, boarding houses, or tourist dwellings. An attached garage shall be considered part of the housing unit.
      (44)   Landscaping. Acting with the purpose of meeting specific criteria regarding uses of outside space, including ground cover, buffers, and shade trees.
      (45)   Local Government. The municipality of the City of Wickliffe.
      (46)   Local Road. A road whose sole function is to provide access to abutting properties and to other roads from individual properties and to provide right-of-way beneath it for sewer, water, and storm drainage utilities.
      (47)   Lot. A tract, plot, or portion of a subdivision or other parcel of land intended as a unit for the purpose, whether immediate or future, of transfer of ownership, or possession, or for building development.
      (48)   Lot, Corner. A lot situated at the intersection of two (2) streets, the interior angle of such intersection not exceeding 135 degrees.
      (49)   Lot Improvement. Any building, structure, place, work of art, or other object situated on a lot.
      (50)   Major Subdivision. All subdivisions not classified as minor subdivisions, including not only limited to subdivisions of four (4) or more lots, or any size subdivision requiring any new street or extension of the local government facilities or the creation of any public improvements.
      (51)   Market Value. The fair market value of a designated improvement based on appraisal of a State Certified Real Estate Appraiser.
      (52)   Master Plan. A comprehensive plan for development of the local government prepared and adopted by the Planning Commission, pursuant to State law, and including any part of such plan separately adopted and any amendment to such plan, or parts thereof.
      (53)   Minor Subdivision. Any subdivision containing not more than three (3) lots fronting on an existing street, not involving any new street or road, or the extension of municipal facilities or the creation of any public improvements, and not adversely affecting the remainder of the parcel or adjoining property, and not in conflict with any provision or portion of the Master Plan, Official Map, Zoning Ordinance, or these regulations.
      (54)   Model Home. A dwelling unit used initially for display purposes which typifies the type of units that will be constructed in the subdivision and which will not be permanently occupied during its use as a model.
      (55)   Money in Lieu of Land. The payment of money into a municipal earmarked fund to provide for acquisition of facilities off-site in place of dedicating land or providing such facility on site.
      (56)   Neighborhood Park and Recreational Improvement Fund. A special fund established by the City to retain monies contributed by developers in accordance with the "money in lieu of land" provisions of these regulations.
      (57)   New Development. A project involving the construction, reconstruction, redevelopment, conversion, structural alteration, relocation, or enlargement of any structure; or any use or extension of land; any of which has he effect of increasing the requirements for capital improvements, measured by number of service units to be generated by such activity, and which requires either the approval of a plat pursuant to the City's subdivision regulations, the issuance of a building permit, or connection to the water or sanitary sewer system.
      (58)   Nonresidential Subdivision. A subdivision whose intended use is other than residential, such as commercial or industrial.
      (59)   Notice of Noncompliance. A notice issued by the Planning Commission or its representative informing the applicant for approval of a major subdivision that the sketch plan is not in compliance with these regulations and that the applicant may not apply for preliminary plat approval.
      (60)   Notice to Proceed. A notice issued by the Planning Commission or its representative informing the applicant for approval of a major subdivision that the sketch plat is in compliance with these regulations and that the applicant may proceed to apply for preliminary plat approval.
      (61)   Offset. The amount of the reduction of an impact fee designed to fairly reflect the value of area-related facilities or other oversized facilities provided by a developer pursuant to the local government's subdivision or zoning regulations or requirements, rules herein established, or administrative guidelines.
      (62)   Off-site. Any premises not located within the area of the property to be subdivided, whether or mot in the common ownership of the applicant for subdivision approval.
      (63)   Office Development Project. Any new construction, addition, extension, conversion, or enlargement, or combination thereof, of an existing structure which includes any gross square feet of office space.
      (64)   Office Use. Space within a structure, or portion thereof intended or primarily suitable for occupancy by persons or entities which perform, provide, for their own benefit, or provide to others at that location, services including but not limited to the following: professional, design, banking, insurance, management, consulting, technical, or sales; or the office functions of manufacturing and warehousing businesses, but excluding retail uses; repair; any business characterized by the transfer of tangible goods to customers on the premises; wholesale shipping, receiving and storage; or other space intended and primarily suitable for display of goods.
      (65)   Official Map. The map established by the City pursuant to law showing the streets, highways, parks, drainage systems and setback lines laid out, adopted, and established by law, and any amendments or additions adopted by the City resulting from the approval of subdivision plats by the Planning Commission and the subsequent filing of approved plats.
      (66)   Ordinance. Any legislative action, however denominated, of a local government which has the force of law, including any amendment or repeal of any ordinance.
      (67)   Owned Unit. A designated condominium unit, stock cooperative, or community apartment.
      (68)   Owner. The record owners of the fee or a vendee in possession, including any person, group of persons, firm or firms, corporation or corporations, or any other legal entity having legal title to or sufficient proprietary interest in the land sought to be subdivided under the definitions of Same Ownership.
      (69)   Performance Criteria. Regulation of development based on open space ration, impervious surface ration, density, and floor area ratio.
      (70)   Perimeter Street. any existing street to which the parcel of land to be subdivided abuts on only one (1) side.
      (71)   Person. Any individual or group of individuals, or any corporation, general or limited partnership, joint venture, unincorporated association, or governmental or quasi-governmental entity.
      (72)   Phased Subdivision Application. An application of subdivision approval submitted pursuant to a Master Plan, or at the option of the subdivider, pursuant to a specific plan in which the applicant proposes to immediately subdivide the property but will develop in one or more individual phase(s) over a period of time. A phased subdivision application may include an application for approval of, or conversion to, horizontal or vertical condominiums, nonresidential development projects, planned unit developments, mixed-use projects, and residential developments.
      (73)   Planned Unit Development (PUD). A development constructed on a tract of minimum size under single ownership, planned and developed as an integral unit and consisting of a combination of residential and/or nonresidential uses on the land.
      (74)   Planning Commission. The City of Wickliffe Planning Commission as established in accordance with law.
      (75)   Police Power. Inherent, delegated, or authorized legislative power for purposes of regulation to secure health, safety, and general welfare.
      (76)   Preliminary Plat. The preliminary drawing or drawings, described in these regulations, indicating the proposed manner or layout of the subdivision to be submitted to the Planning Commission for approval.
      (77)   Primary Artery. A road intended to move through traffic to and from major attractors such as central business districts, regional shopping centers, colleges, industrial areas, and similar traffic generators within the governmental unit; and/or as a route for traffic between communities or large areas and/or which carries high volumes of traffic.
      (78)   Private Street. A street or road, including a new easement of access, subject to planning in accordance with these regulations and held in private ownership for which the City shall assume no maintenance responsibility. The construction of a private street shall conform to the rules, standards and specifications for driveway improvements adopted by the City.
      (79)   Property Owner's Association. An association or organization, whether or not incorporated, which operates under and pursuant to recorded covenants or deed restrictions, through which each owner of a portion of a subdivision is automatically a member as a condition of ownership and each member is subject to a charge or assessment for a pro-rated share of expense of the association which may become a lien against the lot, parcel, unit, condominium, or other interest of the member.
      (80)   Public Facilities Project. Any and all public improvements the need for which is directly or indirectly generated by development, including but not limited to water and sewer mains, pipes, conduits and appurtenances; electrical power generation and distribution facilities; sidewalks, crosswalks, parks, and streets; police and fire equipment, stations, and similar facilities required to support the public health , safety and welfare.
      (81)   Public Hearing. An adjudicatory proceeding held by the City Council, Planning Commission, or Board of Zoning Appeals preceeded by published notice and actual notice to certain persons and at which certain persons, including demonstrating that plat approval should or should not be granted. Witnesses shall be sworn and subject to cross- examination. The rules of civil procedure binding on the courts shall not, however, bind the Planning Commission.
      (82)   Public Improvement. Any drainage ditch, roadway, parkway, sidewalk, pedestrian way, tree, lawn, off-street parking area, lot improvement, or other facility for which the local government may ultimately assume the responsibility for maintenance and operation, or which may effect an improvement for which local government responsibility is established.
      (83)   Public Meeting. A meeting of the Planning Commission, Council, or Board of Zoning Appeals preceded by notice, open to the public and at which the public may, at the discretion of the body holding the public meeting, be heard.
      (84)   Registered Engineer. An engineer properly licensed and registered in the State.
      (85)   Registered Land Surveyor. A land surveyor properly licensed and registered in the State.
      (86)   Rental Unit. A designated unit which is not a condominium, stock cooperative, or community apartment.
      (87)   Re-subdivision. Any change in a map of an approved or recorded subdivision plat that affects any street layout on the map or area reserved thereon for public use or any lot line, or that affects any map or plan legally recorded prior to the adoption of any regulations controlling subdivisions.
      (88)   Retail Use. Space within any structure or portion thereof intended or primarily suitable for occupancy by persons or entities which supply commodities to customers on the premises including, but not limited to, stores, shops, restaurants, bars, eating and drinking businesses, and the space accessory to such retail use.
      (89)   Right-of-Way. A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees, or for any other special use. The usage of the term "right-of-way" for land platting purposes shall mean that every right-of-way hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or areas of such lots or parcels. Rights-of-way intended for streets, crosswalks, water mains, sanitary sewers, storm drains, shade trees, or any other use involving maintenance by a public agency shall be dedicated to public use by the maker of the plat on which such right-of-way is established.
      (90)   Road, Dead-End. A road or a portion of a road with only one (1) vehicular traffic outlet.
      (91)   Road, Right-of-Way Width. The distance between property lines measured at right angles to the centerline of the street.
      (92)   Sale or Lease. Any immediate or future transfer of ownership, or any possessory interest in land, including contract of sale, lease, devise, intestate succession, or other transfer of an interest in a subdivision or part thereof, whether by metes and bounds or lot and block description.
      (93)   Screening. Either (a) a strip of least ten (10) feet wide of densely planted shrubs or trees at least four (4) feet high at the time of planting, of a type that will form a year-around dense screen at least six (6) feet high; or (b) an opaque wall or barrier or uniformly painted fence at least six (6) feet high.
      (94)   Secondary Arterial. A road intended to collect and distribute traffic in a manner similar to primary arterial, except that these roads service minor traffic-generating areas such as community commercial areas, primary and secondary education facilities, hospitals, major recreational areas, churches, and offices and are designed to carry traffic from collector streets to the system of primary arterial.
      (95)   Security. The letter of credit or cash escrow provided by the applicant to secure its promises in the subdivision improvement agreement.
      (96)   Setback. The distance between a building and the street line nearest to the building.
      (97)   Shade Tree. A tree in a public place, street, special easement, or right-of- way adjoining a street as provided in these regulations.
      (98)   Sketch Plan. A sketch preparatory to the preliminary plat (or final plat in the case of minor subdivisions) to enable the subdivider to save time and expense in reaching general agreement with the Planning Commission as to the form of the plat and the objectives of these regulations.
      (99)   Sponsor. An applicant seeking approval for construction of a project subject to these Regulations, such applicant's successors and assigns, and/or any entity which controls or is under common control with such applicant.
      (100)   Structure. Anything constructed or erected.
      (101)   Subdivide. The act or process of creating a subdivision.
      (102)   Subdivider. Any person who (1) having an interest in land, causes it, directly or indirectly, to be subdivided, or who (2) directly or indirectly, sells, leases, or develops, or offers to sell, lease or develop, or advertises to sell, lease, or develop, any interest, lot, parcel site, unit, or plat in a subdivision, or , who (3) engages directly or through an agent in the business selling, leasing, developing, or offering for sale, lease, or development a subdivision or any interest, lot, parcel site, unit, or plat in a subdivision, and who (4) is directly of indirectly controlled by, or under direct or indirect common control with any of the foregoing.
      (103)   Subdivision. Any land, vacant or improved, which is divided or proposed to be divided into two (2) or more lots, parcel, sites, units. plots, condominiums, tracts, or interests for the purpose of offer, sale, lease, or development whether immediate or future. Subdivision includes the division or development of residentially and nonresidential zoned land, whether by deed, metes and bounds description, devise, intestacy, lease, map, plat, or other recorded instrument. Subdivision includes re- subdivision and condominium creation or conversion.
      (104)   Subdivision Improvement Agreement. A contract entered into by the applicant and the Planning Commission on behalf of the municipality by which the applicant promises to complete the required public improvements within the subdivision within a specified time period following final subdivision plat approval.
      (105)   Subdivision Plat. The final map or drawing, described in these regulations, on which the subdivider's plan of subdivision is presented to the Planning Commission for approval and which, if approved, may be submitted to the County Clerk or Recorder for filling.
      (106)   Temporary Improvement. Improvements built and maintained by a subdivider during construction of the subdivision and prior to release of the performance bond.
      (107)   Tract. A lot. The term "tract" is used interchangeably with the term "lot," particularly in the context of subdivision, where a "tract" is subdivided into several lots, parcels, sites, units, plots, condominiums, tracts, or interests.
      (108)   Transfer of Development Rights. The conveyance of development rights by deed, easement, or other legal instrument, authorized by ordinance or regulation, to another parcel of land and the recording of that conveyance.
      (109)   Vested Rights. Right to initiate or continue the establishment of a use which will be contrary to a restriction or regulation coming into effect when the project associated with the use is completed.
      (110)   Building Commissioner - An officer or agent of the City- vested with the responsibility of administering and enforcing these regulations.
         (Ord. 2004-40. Passed 5-24-04.)

1365.01 GENERAL PROCEDURE.

   (a)   Classification of Subdivisions. Before any land is subdivided the owner of the property proposed to be subdivided, or his authorized agent, shall apply for and secure approval of the proposed subdivision in accordance with the following procedures, which include two (2) principle steps for a minor subdivision and three (3) principal steps for a major subdivision:
      (1)   Minor Subdivision.
         A.   Sketch plat
         B.   Final subdivision plat
      (2)   Major Subdivision.
         A.   Sketch plat
         B.   Preliminary plat
         C.   Final subdivision plat
   (b)   Official Submission Dates. For the purpose of these regulations, the date of filing of a sketch plat shall constitute its Official Submission Date on which the statutory period shall commence. For both major and minor subdivisions, the date of the meeting of the Planning Commission at which the public meeting or hearing on approval of a preliminary, or final subdivision plat, including any adjourned date thereof, is closed, shall constitute the Official Submission Date of the plat on which the statutory period required for formal approval, conditional approval or disapproval of the preliminary, or final subdivision plat shall commence to run.
(Ord. 2004-40. Passed 5-24-04.)

1365.03 SKETCH PLAT.

   (a)   Preliminary Project Meeting. Before preparing the sketch plat for a subdivision, the applicant shall schedule an appointment and meet with the Building Commissioner to discuss procedures for approval of a subdivision plat and the requirements as to the general layout of streets, for reservations of land, street improvements, drainage, sewerage, fire protection, and similar matters, as well as the availability of existing services, including schools. The Building Commissioner shall also advise the applicant, when appropriate, to discuss the proposed subdivision with those officials who must eventually approve those aspects of the subdivision plat coming within their jurisdiction.
   (b)   Application. Prior to subdividing land and after meeting with the Building Commissioner, the owner of land, or his authorized agent, shall file an application for approval of a sketch plat with the Planning Commission. The application shall:
      (1)   Be made on forms available in the offices of the Building Department or from the Building Commissioner;
      (2)   Include all contiguous holdings of the owner, including land in "common ownership" as defined in these regulations, with an indication of the portion of which is to be subdivided, accompanied by evidence of ownership, which shall include copies of deeds, titles, or affidavit of ownership. Affidavit of ownership shall include the dates land holdings were acquired, book and page number where each conveyance to the present owner was recorded and the date the contract of sale was executed;
      (3)   Be accompanied by at least ten (10) copies of the sketch plat as described in these regulations and complying in all respects with these regulations;
      (4)   Be presented to the Building Commissioner with accompanied fees as established by Ordinance, including a deposit for professional service fees;
      (5)   The application shall contain an address and phone number of an agent who shall be authorized to receive all notices required by these regulations.
      (6)   Waiver authorizes Planner and appropriate Commissioners access to the property for the purpose of assessing compliance with these regulations.
   (c)   Classification and Approval. The Building Commissioner shall determine whether the sketch plat constitutes a major or minor subdivision and notify the applicant of the classification within twenty (20) days from the date that the sketch plat was submitted.
      (1)   Minor Subdivision. If the sketch plat constitutes a minor subdivision, the Administrator shall place the matter on the next available regular meeting agenda of the Planning Commission for formal approval, disapproval, or conditional approval of the sketch plat. The Planning Commission shall approve, conditionally approve, or disapprove the sketch plat within thirty (30) days from the Official Submission date. Subsequent to approval, conditional approval by the Planning Commission, the applicant may proceed directly to the filing of an application for approval of a final subdivision plat as provided in these regulations. If the sketch plat is disapproved by the Planning Commission the applicant may appeal to the Council as provided in Section 1365.15. The applicant shall have one year from the date the sketch plat is approved by the Planning Commission (or Council) to submit a final subdivision plat, after which time a new sketch plat must be submitted for approval.
      (2)   Major Subdivision. 
         A.   Notice to Proceed - If the sketch plat constitutes a major subdivision, Building Commissioner shall issue a Notice to Proceed only if the sketch plat complies with all applicable laws governing the subdivision of land. The Notice to Proceed shall include, as appropriate, recommended changes in the sketch plat to be incorporated into the preliminary plat to assist the applicant in obtaining preliminary plat approval from the Planning Commission. If the Building Commissioner determines that the sketch plat does not comply with all applicable laws governing the subdivision of land and the applicant refuses to modify the sketch plat, the Building Commissioner shall issue a Notice of Noncompliance. The Building Commissioner shall issue either a Notice to Proceed or the Notice of Noncompliance not later then twenty (20) days after the date on which the sketch plat was submitted. After receipt of a Notice to Proceed, the applicant must first file an application for approval of a preliminary plat, as provided in these regulations, before filing for final subdivision plat approval.
         B.   Referral of Sketch Plat - If the Building Commissioner issues a Notice to Proceed, he shall transmit the sketch plat for review to appropriate officials or agencies of the City, adjoining municipalities, school and special districts, and other official bodies as he deems necessary or as mandated by law, including any review required by metropolitan, regional or state bodies under applicable state or federal law. The Building Commissioner shall request that all officials and agencies to whom a request for review has been made, submit their report to the Building Commissioner within thirty (30) days after the request. The Building Commissioner shall consider all reports submitted and shall submit a report to the Planning Commission upon the applicant's submission of a preliminary plat.
            (Ord. 2004-40. Passed 5-24-04.)

1365.05 PRELIMINARY PLAT.

   No sooner than thirty (30) days, and no later than 120 days after the date of the Notice to Proceed, the applicant may apply for preliminary plat approval. If the applicant fails to apply for preliminary plat approval within the 120-day period, a new sketch plat must be submitted.
   (a)   Application Procedure and Requirements. Based o the Notice to Proceed, the applicant shall file in duplicate with the Building Department an application for approval of a preliminary plat if it elects to proceed. The preliminary plat shall conform substantially with the sketch plat submitted by the applicant, which formed the basis for the Notice to Proceed. The application shall:
      (1)   Be made on forms available at the Building Department or office of the Building Commissioner together with a fee as stipulated by Council.
      (2)   Include all land which the applicant proposes to subdivide and all land immediately adjacent extending one hundred (100) feet from the subject property, or of that directly opposite the subject property, extending one hundred (100) feet from the street frontage of opposite land, with the names of owners as shown in the Assessor's files. This information may be shown on a separate current Tax Map reproduction from the Assessor's Office showing the subdivision superimposed on the Tax Map.
      (3)   Be accompanied by a minimum of ten (10) copies of the preliminary plat as described in these regulations.
      (4)   Be accompanied by a minimum of six (6) copies of construction plans as described in these regulations.
      (5)   Comply in all respects with the sketch plat.
      (6)   Be presented to the Building Department at least four (4) weeks prior to a regular meeting of the Commission.
   (b)   Preliminary Approval. After the Planning Commission has reviewed the preliminary plat and construction plans, the report of the Building Commissioner, any municipal recommendations and public comment, the applicant shall be advised of any required changes and/or additions. The Commission shall approve, conditionally approve, or dis-approve the preliminary plat within ninety (90) days from the Official Submission Date. One (1) copy of the proposed preliminary plat shall be returned to the developer with the date of approval, conditional approval, or disapproval and the reasons therefore accompanying the plat. Before the Commission approves a preliminary plat showing park reservation or land for other local government use that is proposed to be dedicated to the local government, the Commission shall obtain approval of the park or land reservation from Council. If the Planning Commission disapproves the proposed subdivision, the applicant may execute an appeal in the manner prescribed in Section 1365.15.
   (c)   Standards for Approval of Preliminary Plats. No preliminary plat of a proposed subdivision shall be approved by the Planning Commission unless the applicant provides substantial evidence that:
      (1)   Definite provision has been made for a water supply system that is sufficient in terms of quantity, dependability, and quality to provide an appropriate supply of water for the type of subdivision proposed;
      (2)   If a public sewage system is proposed, adequate provision has been made for such a system and, if other methods of sewage disposal are proposed, that such systems will comply with federal, state, and local laws and regulations;
      (3)   ll areas of the proposed subdivision which may involve soil of topographical conditions presenting hazards or requiring special precautions have been identified by the subdivider and that the proposed uses of these areas are compatible with such conditions;
      (4)   The subdivider has the financial ability to complete the proposed subdivision in accordance with all applicable federal, state, and local laws and regulations;
      (5)   An erosion and sediment control plan have been approved by the City Engineer;
      (6)   The subdivider has taken every effort to mitigate the impact of the proposed subdivision on public health, safety, and welfare.
   The Planning Commission is authorized to disapprove the preliminary plat even though the land proposed for subdivision is zoned for the use to which the proposed subdivisions will be put and the proposed use is inconsistent with the Comprehensive Plan.
   (d)   Public Improvements. The Planning Commission may require that all public improvements be installed and dedicated prior to the signing of the final subdivision plat by the Chairman of the Planning Commission. If the Planning Commission does not require that all public improvements be installed and dedicated prior to signing of the final subdivision plat by the Chairman of the Planning Commission, the Planning Commission shall require that the applicant execute a subdivision improvement agreement and provide security for the agreement as provided in Section 1367.01(b). The Planning Commission shall require the applicant to indicate all special districts for water, fire, and utility improvements which shall be required to be established or extended, and any other special requirements deemed necessary by the Planning Commission in order to conform the subdivision plat to the Official Map and the Comprehensive Plan of the City.
   (e)   Effective Period of Preliminary Plat Approval. The approval of a preliminary plat shall be effective for a period of one (1) year from the date that the preliminary plat receives all required approvals, at the end of which time the applicant must have submitted a final subdivision plat for approval. If a final subdivision plat is not submitted for approval within the one (1) year period, the preliminary approval shall be null and void, and the applicant shall be required to submit a new plat for sketch plat review subject to the then existing zoning restrictions and subdivision regulations.
   (f)   Zoning and Subdivision Regulations. Every plat shall conform to existing zoning regulations and subdivision regulations applicable at the time that the proposed preliminary plat is submitted for approval of the Planning Commission unless the Planning Commission or Council has taken official action toward amending the applicable zoning and subdivision regulations and the applicant has reason to know of that action.
   (g)   Grading of Site Prior to Final Approval. Subsequent to preliminary approval the developer may apply for a site preparation (topsoil and excavation) permit from the Planning Commission or such other agency as Council may direct. The application for a site preparation permit shall include an erosion and sediment control plan. The Building Commissioner must approve the erosion and sediment control plan prior to issuance of a site preparation permit. Upon receipt of the permit the developer may commence construction to the grades and elevation required by the approve preliminary plat.
(Ord. 2004-40. Passed 5-24-04.)

1365.07 AMENDMENTS TO THE PRELIMINARY PLAT.

   At any time after preliminary plat approval and before submission of a final plat, the applicant may request of the Building Commissioner that an amendment be made in the approval or conditional approval of the preliminary plat. Under regulations established by the Planning Commission, the Building Commissioner may agree to proposed amendments that are deemed to be minor. If the proposed amendment is major, the Planning Commission shall consider the proposed amendment at the next regularly scheduled meeting. The Commission shall approve or disapprove any proposed major amendment and may make any modifications in the terms and conditions of preliminary plat approval reasonably related to the proposed amendment. If the applicant is unwilling to accept the proposed major amendment under the terms and conditions required by the Commission, the applicant may withdraw the proposed amendment. A major amendment shall include, but is not limited to, any amendment that results in or has the effect of decreasing open space in the subdivision by ten percent (10%) or more or increasing density in the subdivision by ten percent (10%) or more. An applicant may not propose more than two amendments-whether major or minor-to any preliminary plat. The Commission shall render a decision on the proposed major amendment within thirty (30) days after the meeting.
(Ord. 2004-40. Passed 5-24-04.)

1365.09 FINAL SUBDIVISION PLAT.

   (a)   Application Procedure and Requirements. Following the approval of the sketch plat in the case of a minor subdivision, or of the preliminary plat in the case of a major subdivision, the applicant, if he wishes to proceed with the subdivision, shall file with the Building Department an application for final approval of a subdivision plat. The application shall:
      (1)   Be made on forms available at the Office of the Building Department of the City, together with a fee as set by ordinance.
      (2)   Include the entire subdivision, or section thereof, which derives access from an existing state, county, or local highway.
      (3)   Be accompanied by a minimum of twelve (12) copies of the subdivision plat and the construction plans, as described in these regulations.
      (4)   Comply in all respects with the sketch plat or preliminary plat, as approved, whichever is applicable.
      (5)   Be presented to the Building Department at least four (4) weeks prior to a regular meeting of the Planning Commission.
      (6)   Be accompanied by all formal irrevocable offers of dedication to the public of all streets, local government uses, utilities, parks, and easements, in a form approved by the Law Director of the City; and the subdivision plat shall be marked with a notation indicating the formal offers of dedication as follows:
   The owner, or his representative, hereby irrevocably offers for dedication to the local government all the streets, local government uses, easements, parks, and required utilities shown on the subdivision plat and construction plans in accordance with an irrevocable offer of dedication dated ___________, and recorded in the Clerk and Recorder's Office for Lake County.
By____________________________________
Owner or Representative
Date__________________________________
         The applicant shall deliver a full covenant and warranty deed to all dedicated lands and improvements in proper form for recording, together with a title policy for the local government in the sum not less than ten thousand dollars ($10,000), which sum shall be determined by the Law Director of the City of Wickliffe before signing of the final subdivision plat.
      (7)   Be accompanied by the subdivision improvement agreement and security, if required, in a form satisfactory to the Law Director of the City of Wickliffe and in the amount established by the Planning Commission upon recommendation of the City Engineer and shall include a provision that the subdivider shall comply with all the terms of the resolution of final subdivision plat approval as determined by the Planning Commission and shall include, but not be limited to, the performance of all required subdivision and offsite improvements, and that all improvements and land included in the irrevocable offer of dedication shall be dedicated to the local government free and clear of all liens and encumbrances of the premises.
      (8)   Be accompanied by an inspection fee in an amount to be determined based on the provisions of these regulations and by written assurance from the public utility companies and improvement districts that necessary utilities will be installed. The applicant shall also pay a one hundred dollar ($100.00) fee for each street sign shown in the construction plans, which street signs shall be installed by the City.
   (b)   Endorsement of Health Authorities. The final subdivision plat shall be properly endorsed by the appropriate authorities with respect to all sewer and water facilities and same comply with all rules, regulations, and requirements of local government, regional, state, and federal agencies.
   (c)   Public Meeting. Upon receipt of formal application and all accompanying material, the Building Commissioner shall schedule the plat for consideration at the next scheduled meeting of the Planning Commission to be held at least four (4) weeks after the date of the application.
   (d)   Submission to Other Agencies and Officials. The Building Commissioner shall forward one (1) copy of the Final Subdivision Plat to each of the following:
      •   Building/Zoning Inspector
      •   Fire Department
      •   Police Department
      •   City Engineer
   (e)   Comments by Agencies and Officials. Comments shall be made in writing to the Building Commissioner prior to the meeting date of the Planning Commission at which the Final Plat is to be considered.
   (f)   Action by Planning Commission. After the public meeting, the Planning Commission shall, within ninety (90)days from the Official Submission Date for the final subdivision plat, approve or disapprove the subdivision application by resolution, which shall set forth in detail any reasons for disapproval. One copy of the final subdivision plat shall be returned to the applicant with the date of approval or disapproval noted on the plat, and, if the plat is disapproved, the reasons for disapproval accompanying the plat.
   (g)   Appeal in the Event of Disapproval. If the Planning Commission disapproves the final plat, the applicant may appeal the Council in the manner prescribed in Section 1365.15.
   (h)   Submission and Review. Subsequent to the resolution of the Planning Commission, three (3) paper copies of the construction plans, (1) one AutoCAD digital file, and one (1) original of the subdivision plat on tracing cloth, and/or reproduction mylar shall be submitted to the Building Commissioner for final review. No final approval shall be endorsed on the plat until a review has indicated that all requirements of the resolution have been met.
(Ord. 2004-40. Passed 5-24-04.)

1365.11 VESTED RIGHTS AND DEVELOPMENT AGREEMENTS.

   (a)   Effect of Approval. Except as otherwise provided in this Section 1365.11, no vested rights shall accrue to the owner or developer of any subdivision by reason of preliminary or final approval until the actual signing of the final plat by the Chairman of the Planning Commission.
   (b)   Effect of Recordation. Except as otherwise provided in this Section 1365.11, no vested rights shall accrue to the owner or developer of any subdivision by virtue of the recordation of a final plat.
   (c)   Applicable Laws. To obtain final plat approval, the applicant shall be in compliance with all federal and state laws applicable at the time that the final plat is considered for approval by the Planning Commission. The applicant also shall be in compliance with all local laws and regulations applicable at the time the sketch plat was submitted to the Planning Commission (or if a minor subdivision, when the preliminary plat was submitted to the Building Department), except that the applicant shall comply with those local laws and regulations in effect at the time that the final plat is considered for approval by the Commission if the Planning Commission makes a determination on the record that compliance with any of those local laws and regulations is reasonably necessary to protect public health and safety. If the Planning Commission required the applicant to complete public improvements in the subdivision prior to final plat approval, and the improvements have, in fact, been made, the applicant may be required to comply with local laws and regulations in effect at the time that the final plat is considered for approval only if the Planning Commission makes a finding on the record that such compliance is necessary to prevent a substantial risk of injury to public health, safety and general welfare.
   (d)   Development Agreements. The City may, but is under no obligation to, enter into a Development Agreement:
      (1)   A Development Agreement shall constitute a binding contract between the subdivider of the proposed subdivision and the municipality (the "parties") and shall contain those terms and conditions agreed to by the parties and those required by this Section 1365.11(d)). The City Law Director or his designee is authorized to negotiate Development Agreements on behalf of the municipality.
      (2)   Covenants. Any covenant by the City contained in the Development Agreement to refrain from exercising any legislative, quasi-legislative, quasi-judicial or other discretionary power, including rezoning or the adoption of any rule or regulation that would affect the proposed subdivision, shall be limited to a period of five years. The covenant shall also contain a proviso that the City may, without incurring any liability, engage in action that would otherwise constitute a breach of the covenant if it makes a determination on the record that the action is necessary to avoid a substantial risk of injury to public health, safety, and general welfare. The covenant shall contain the additional proviso that the City may, without incurring any liability, engage in action that otherwise would constitute a breach of the covenant if the action is required by federal or state law.
      (3)   Third Party Rights. Except as otherwise expressly provided in the Development Agreement, the Development Agreement shall create no rights enforceable by any party not a party to the Development Agreement.
      (4)   Limitation on Liability. The Development Agreement shall contain a clause that any breach of the Development Agreement by the City shall give rise only to damages under state contract law and shall not give rise to any liability for violation of the fifth and fourteenth amendments of the U.S. Constitution or similar state constitutional provisions.
      (5)   Developer's Compliance. The Development Agreement shall include a clause that the government's duties under the Agreement are expressly conditioned upon the subdivider's substantial compliance with each and every term, condition, provision and covenant of the Agreement, all applicable federal state and local laws and regulations, and its obligations under the subdivision improvement agreement.
      (6)   Adoption. The Development Agreement shall be adopted by the governing body pursuant to applicable state and local laws and shall be recorded in the Clerk and Recorder's Office of Lake County.
      (7)   Incorporation as Matter of Law. All clauses, covenants, and provisos required by these regulations to be included in a Development Agreement shall be incorporated into the Development Agreement as a matter of law without respect to the intent of the parties.
         (Ord. 2004-40. Passed 5-24-04.)

1365.13 SIGNING AND RECORDING OF SUBDIVISION PLAT.

   (a)   Signing of Plat.
      (1)   When a subdivision improvement agreement and security are required, the Chairman of the Planning Commission, Mayor, Council and the City Engineer endorse approval on the final plat after the agreement and security have been approved by Planning Commission, and all the conditions of the resolution pertaining to the final plat have been satisfied.
      (2)   When installation of improvements is required prior to recordation of the final plat, the Chairman of the Planning Commission, Mayor President of Council and the City Engineer shall endorse approval on the final plat after all conditions of the resolution have been satisfied and all improvements satisfactorily completed.
   (b)   Recordation of Plat.
      (1)   The Chairman of the Planning Commission, Mayor, President of Council and City Engineer will sign the tracing cloth or reproducible mylar original of the final subdivision plat and two (2) sepia prints of the final subdivision plat. The sepia prints will be returned to the applicant's engineer.
      (2)   It shall be the responsibility of the owner to file the final plat with the County Clerk and Recorder's Office within ten (10) days of the date of signature. Simultaneously with the filing of the final plat, the Building Commissioner shall record the agreement of dedication together with such legal documents as shall be required to be recorded by the City Law Director.
   (c)   Sectionalizing Major Subdivision Plats. Prior to granting final approval of a major subdivision plat, the Planning Commission may permit the plat to be divided into two or more sections and may impose such conditions upon the filing of the sections as it may deem necessary to assure the orderly development of the plat. The Planning Commission may require that the subdivision improvement agreement and security be in such amount as is commensurate with the section or sections of the plat to be filed and may defer the remaining amount of the security until the remaining sections of the pat are offered for filing. The Developer may also file irrevocable offers to dedicate streets and public improvements in the sections offered to be filed and defer filing offers of dedication for the remaining sections until those sections, subject to any conditions imposed by the Planning Commission, shall be granted concurrently with final approval of the plat. If sectionalizing is approved, and such sections as have been authorized by the Planning Commission shall be filed with the County Clerk and Recorder's Office. Such sections must contain at least ten percent (10%) of the total number of lots contained in the approved plat. The approval of all remaining sections not filed with the Clerk and Recorder's Office shall automatically expire unless such sections have been approved for filing by the Planning Commission, all fees paid, all instruments and offers of dedication submitted and subdivision improvement agreements, security and performance bonds, if any, approved and actually filed with the Clerk and Recorder's Office within three (3) years of the date of final subdivision plat.
(Ord. 2004-40. Passed 5-24-04.)

1365.15 APPEAL TO GOVERNING BODY.

   The applicant for subdivision approval may appeal the disapproval of any sketch, preliminary, or final subdivision plat by the Planning Commission by filing an Application for Appeal with the Building Department, no later than ten (10) days after the date of the public meeting at which the Planning Commission has disapproved the sketch, preliminary, or final subdivision plat. The Application for Appeal shall set forth the basis for the appeal. The appeal shall be considered at the next regularly scheduled or special public meeting of Council. The Council may reverse the decision of the Planning Commission only by a two-thirds vote of the members present at the meeting. On appeal, the applicant shall be permitted to present to the Council the basis for the appeal and be permitted to present evidence which documents that bias. Council shall render a decision affirming or reversing the Planning Commission's decision, no later than forty-five (45) days after the date on which the Application for Appeal is filed. This time period may be extended only with the approval of the applicant for good cause. If a decision is not made by Council in the specified time, the decision of the Planning Commission is deemed to be upheld. If Council reverses the Planning Commission decision, the applicant may proceed under the conditions for approval agreed to by Council.
(Ord. 2004-40. Passed 5-24-04.)

1365.17 TIME PERIODS FOR ACTION.

   Whenever the regulations establish a time period for action by Council, Planning Commission, or any other person or entity and the action is not taken within the time period, the applicant shall have a right to file action in mandamus to compel action.
(Ord. 2004-40. Passed 5-24-04.)

1365.19 SUSPENSION AND INVALIDATION OF FINAL PLAT.

   If the City suspends final plat approval for any subdivision plat under these regulations, it shall record a document with the Clerk and Recorder's Office for Lake County declaring that final approval for the subdivision is suspended and that the further sale, lease, or development of property within the subdivision is prohibited except that this prohibition shall not apply to persons or parties who have acquired property from the subdivider unless the person or party acquiring property meets the definition of "common ownership" in Section 1363.03 (a)(20). If any court of competent jurisdiction invalidates final plat approval for any subdivision, the City shall record a document with the Clerk and Recorder's Office for Lake County declaring that the final plat for the subdivision in no longer valid and that further subdivision activity is prohibited.
(Ord. 2004-40. Passed 5-24-04.)

1367.01 IMPROVEMENTS AND SUBDIVISION IMPROVEMENT AGREEMENT.

   (a)   Completion of Improvements. Before final subdivision plat is signed by the Chairman of Planning Commission, all applicants shall be required to complete, in accordance with the Planning Commission's decision and to the satisfaction of the City Engineer, all the street, sanitary and other public improvements, including lot improvements on the individual lots of the subdivision, as required in these regulations, specified in the final subdivision plat and as approved by the Planning Commission, and to dedicate those public improvements to the local government, free and clear of all liens and encumbrances on the dedicated property and public improvements.
   (b)   Subdivision Improvement Agreement and Guarantee.
      (1)   Agreement. The Planning Commission in its sole discretion may waive the requirement that the applicant complete and dedicate all public improvements prior to approval of the final subdivision plat and, as an alternate, permit the applicant to enter into a subdivision improvement agreement by which the subdivider covenants to complete all required public improvements no later than two (2) years following the date on which the Chairman of the Planning Commission signs the final subdivision plat. The applicant shall covenant to maintain each required public improvement for a period of one (1) year following the acceptance by the governing body of the dedication of that completed public improvement and also shall warrant that all required public improvements will be free from defect for a period of three (3) years following the acceptance by the City Council of the dedication of the last completed public improvement. The subdivision improvement agreement shall contain such other terms and conditions agreed to by the applicant, the Planning Commission and City Council.
      (2)   Covenants to Run. The subdivision improvement agreement shall provide that the covenants contained in the agreement shall run with the land and bind all successors, heirs, and assignees of the subdivider. The subdivision improvement agreement will be approved by Council, pursuant to applicable state and local laws and shall be recorded in the Clerk and Recorder's Office of Lake County.
      (3)   Security. Whenever Council permits an applicant to enter into a subdivision improvement agreement, it shall require the applicant to provide a letter of credit or cash escrow as security for the promises contained in the subdivision improvement agreement. Either security shall be in an amount equal to one hundred twenty percent (120%) of the estimated cost of completion of the required public improvements, including lot improvements. The issuer of the letter of credit or the escrow agent, as applicable, shall be approved by the Law Director and be acceptable to Council.
         A.   Letter of Credit. If the applicant posts a letter of credit as security for its promises contained in the subdivision improvement agreement, the credit shall (1) be irrevocable; (2) be for a term sufficient to cover the completion, maintenance, and warranty periods in Section 1367.01(b); and (3) require only that the City present the credit with a sight draft and an affidavit signed by the Law Director attesting to the municipality's right to draw funds under the credit.
         B.   Cash Escrow. If the applicant posts and cash escrow as security for its promises contained in the subdivision improvement agreement, the escrow instructions shall provide: (1) that the subdivider will have no right to a return of any of the funds except as provided in Section 1367.03 (b); and (2) that the escrow agent shall have a legal duty to deliver the funds to the municipality whenever the City Law Director presents an affidavit to the agent attesting to the municipality's right to receive funds whether or not the subdivider protests that right. If and when the City accepts the offer of dedication for the last completed required public improvement, the City shall execute a waiver of its right to receive all but twenty-five percent (25%) of the funds represented by the letter of credit or cash escrow if the subdivider is not in breach of the subdivision improvement agreement. The residual funds shall be security for the subdivider's covenant to maintain the required public improvements and its warranty that the improvements are free from defect.
      (c)   Temporary Improvement. The applicant shall build and pay for all costs of temporary improvements and shall maintain those temporary improvements for the period specified by Council. Prior to construction of any temporary facility or improvement, the developer shall file with the City, a separate subdivision improvement agreement and a letter of credit or cash escrow in an appropriate amount for temporary facilities, which agreement and credit or escrow shall ensure that the temporary facilities will be properly constructed, maintained, and removed.
   (d)   Costs of Improvements. All required improvements shall be made by the developer, at its expense, without reimbursement by the City or any improvement district except that, as may be allowed under state law, the developer may form or cause to be formed a special district or districts to construct and finance the construction of required public improvements excluding lot improvements on individual lots. If the subdivider does form or cause to be formed a special district for the purposes identified in this section, the City shall not release the subdivider from its obligating under any subdivision improvements agreement nor shall the City release any security, in whole or in part, until the special district has sold bonds or otherwise certifies to the City that it has an absolute right to raise revenues sufficient to construct, maintain, and warrant the quality of the required public improvements.
   (e)   Governmental Units. Governmental units to which these contract and security provisions apply may file, in lieu of the contract and security, a certified resolution or ordinance from officers or agencies authorized to act in their behalf, agreeing to comply with the provisions of this Chapter.
   (f)   Failure to Complete Improvement. For subdivisions for which no subdivision improvement agreement has been executed and no security has been posted, if the improvements are not completed within the period specified, the sketch plat or preliminary plat approval shall be deemed to have expired. In those cases where a subdivision improvement agreement has been executed and security has been posted and required public improvements have not been installed within the terms of the agreement, the City may then:
      (1)    Declare the agreement to be in default and require that all improvements be installed regardless of the extent of the building development at the time the agreement is declared to be in default;
      (2)    Suspend final subdivision plat approval until the improvements are completed and record a document to that effect for the purpose of public notice;
      (3)    Obtain funds under the security and complete improvements itself or through a third party;
      (4)    Assign its right to receive funds under the security to any third party, including a subsequent owner of the subdivision for which improvements were not constructed, in whole or in part, in exchange for that subsequent owner's promise to complete improvements in the subdivision;
      (5)    Exercise any other rights available under the law.
   (g)   Acceptance of Dedication Offers. Acceptance of formal offers of dedication of streets, public areas, easements, and parks shall be by ordinance of the City Council. The approval of a subdivision plat by the Planning Commission, whether sketch, preliminary or final, shall not be deemed to constitute or imply the acceptance by the City of any street, easement, or park shown on the plat. The Planning Commission may require the plat to be endorsed with appropriate notes to this effect.
(Ord. 2004-40. Passed 5-24-04.)

1367.03 INSPECTION OF IMPROVEMENTS.

   (a)   General Procedure and Fees. The applicant shall pay to the municipality an inspection deposit fee based on the estimated cost of inspection, and where the improvements are completed prior to final plat approval, the subdivision plat shall not be signed by the Chairman of Planning Commission unless the inspection fee has been paid at the time of application. These fees shall be due and payable upon demand of the municipality and no building permits or certificates of occupancy shall be issued until all fees are paid. Where Planning Commission determines it to be appropriate, the applicant shall provide testing and inspection services in a manner and source approved by the City Engineer. If the City Engineer finds upon inspection that any one or more of the required improvements have not been constructed in accordance with the construction standards and specifications of the City, the applicant shall be responsible for properly completing the improvements.
   (b)   Release or Reduction of Security.
      (1)   Certificate of Satisfactory Completion. The City will not accept dedication of required improvements, nor release nor reduce the amount of any security posted by the subdivider until the City Engineer has submitted a certificate stating that all required improvements have been satisfactorily completed and the following have been submitted:
         A.   A certification submitted by the applicant's engineer or surveyor to the City Engineer, providing a detailed "as built" survey plat of the subdivision, indicating location, dimensions, materials, and other information required by the Planning Commission or City Engineer, and indicating that the layout of the line and grade of all public improvements is in accordance with construction plans for the subdivision; and,
         B.   If requested by the City Engineer, an AutoCad digital “as built” file.
         C.   A title insurance policy furnished to and approved by the City Law Director indicating that the improvements have been completed and are ready for dedication to the City, and are free and clear of any and all liens and encumbrances.
            Upon such approval and recommendation by the Planning Commission, City Engineer, and City Law Director, the Council shall thereafter accept the improvements for dedication in accordance with established procedure.
      (2)   Reduction of Escrow Funds and Security. If the security posted by the subdivider was a cash escrow, the amount of that escrow shall be reduced upon actual acceptance of the dedication of public improvements and then only to the ratio that the cost of public improvement for which dedication was accepted bears to the total cost of public improvements for the subdivider. In no event shall a cash escrow be reduced below twenty- five per cent (25%) of the principal amount. Funds held in the escrow account shall not be released to the subdivider, in whole or in part, except upon express written instructions of the City Law Director. At the end of the maintenance and warranty periods, all escrowed funds, if any, shall be released to the subdivider. If the security provided by the subdivider was a letter of credit, the City Law Director shall execute waivers of the City's right to draw funds under the credit upon actual acceptance of the dedication of public improvements and then only to the ratio that the cost of the public improvement for which dedication was accepted bears to the total cost of public improvements for the subdivision. In no event shall waivers be executed that would reduce the security below twenty-five percent (25%) of its original amount.
         (Ord. 2004-40. Passed 5-24-04.)

1367.05 ESCROW DEPOSITS FOR LOT IMPROVEMENTS.

   (a)   Acceptance of Escrow Funds. Whenever, by reason of the season of the year, any lot improvements required by the subdivision regulations cannot be performed, the Building Commissioner may issue a certificate of occupancy, provided there is no danger to the health, safety, or general welfare upon accepting a cash escrow deposit in an amount to be determined by the City Engineer for the cost of the lot improvements. The subdivision improvement agreement and security covering the lot improvements shall remain in full force and effect.
   (b)   Procedures on Escrow Fund. All required improvements for which escrow monies have been accepted by the Building Commissioner at the time of issuance of a certificate of occupancy shall be installed by the subdivider within a period of nine (9) months from the date of deposit and issuance of the certificate of occupancy. If the improvements have not been properly installed at the end of the time period, the Building Commissioner, or his agent, shall give two (2) weeks written notice to the developer requiring it to install the improvements, and if they are not then installed properly, the Building Commissioner may request the Council to proceed to contract out the work for the installation of required improvements in a sum not to exceed the amount of the escrow deposit. At the time of the issuance of the certificate of occupancy for which escrow monies are being deposited with the Building Commissioner, the developer shall obtain and file with the Building Commissioner prior to obtaining the certificate of occupancy a notarized statement from the purchaser or purchasers of the premises authorizing the Building Commissioner to install the improvements at the end of the nine month period if the improvements have not been duly installed by the subdivider.
(Ord. 2004-40. Passed 5-24-04.)

1367.07 MAINTENANCE OF IMPROVEMENTS.

   The subdivider shall be required to maintain all required public improvements on the individual subdivided lots and provide for snow removal on streets and sidewalks, if required by the Planning Commission, until acceptance of the improvements by Council. If there are certificates of occupancy on a street not dedicated to the City, the City may on twelve (12) hours notice plow the street of effect emergency repairs and charge those costs to the developer, following the acceptance of the dedication of any public improvement by the City, the City, in its sole discretion require the subdivider to maintain the improvement for a period of one (1) year from the date of acceptance.
(Ord. 2004-40. Passed 5-24-04.)

1367.09 DEFERRAL OR WAIVER OF REQUIRED IMPROVEMENTS.

   (a)   Deferral. The Planning Commission may defer or waive at the time of final approval, subject to recommendation by the City Engineer, the provision of any or all public improvements as, in its judgement, are not requisite in the interests of public health, safety, and general welfare, or which are inappropriate because of the inadequacy or nonexistence of connecting facilities. Any determination to defer or waive the provision of any public improvement must be made by majority vote on the record and the reasons for the deferral or waiver also shall be expressly made on the record.
   (b)   Waiver. Whenever if is deemed necessary by the Planning Commission to defer the construction of any improvement required under these regulations because of incompatible grades, future planning, inadequate or nonexistent connecting facilities, or for other reasons, the subdivider shall pay his share of the costs of the future improvements to the City prior to signing of the final subdivision plat by the Chairman of the Planning Commission, or the developer may execute a separate subdivision improvement agreement secured by a letter of credit guaranteeing completion of the deferred improvements upon demand of the City.
(Ord. 2004-40. Passed 5-24-04.)

1367.11 ISSUANCE OF BUILDING PERMITS AND CERTIFICATE OF OCCUPANCY.

   (a)   Certificate of Occupancy. When a subdivision improvement agreement and security have been required for a subdivision, no certificate of occupancy for any building shall be issued prior to the completion of the required public improvements and the acceptance of the dedication of those improvements by the City, as required in the Planning Commission's approval of the final subdivision plat.
   (b)   Adequate Access. The extent of street improvement shall be adequate for vehicular access by the prospective occupant(s) and by police and fire equipment prior to the issuance of an occupancy permit. The developer shall, at the time of the offer of dedication, submit monies in escrow to the City in a sum determined by the City Engineer for the necessary final improvement of the street.
   (c)   Building Permits. No building permit shall be issued for the final ten percent (10%) of the lots in the subdivision, or if ten percent (10%) be less than two (2), for the final two (2) lots of a subdivision, until all public improvements required by the Planning Commission for the subdivision have been fully completed and the City has accepted the developer's offer(s) to dedicate the improvements.
(Ord. 2004-40. Passed 5-24-04.)

1367.13 CONSUMER'S PROTECTION LEGISLATION AND CONFLICTS OF INTEREST STATUTES.

   (a)   No building permit or certificate of occupancy shall be granted or issued if a developer or its authorized agent has violated any federal, state of local law pertaining to (1) consumer protection, or (2) real estate land sales, promotion, or practices; or (3) any applicable conflicts of interest legislation with respect to the lot or parcel of land which is the subject of the permit or certificate until a court of competent jurisdiction so orders.
   (b)   With respect to any lot or parcel of land described in the immediately preceding section, if a building permit or certificate of occupancy has been granted or issued, it may be revoked by the municipality until a court of competent jurisdiction orders otherwise, provided that in no event shall the rights of intervening innocent third parties in possession of a certificate of occupancy be prejudiced by any such revocation.
   (c)   Any violation of a federal, state, or local consumer protection law, including, but not limited to: Postal Reorganization Act of 1970; the Federal Trade Commission Act of 1970; Interstate Land Sales Full Disclosure Act; the Truth in Lending Act; the Uniform Commercial Credit Code; state "Blue Sky" laws; state subdivision disclosure acts, or any conflicts of interest statute, law, or ordinance shall be deemed a violation of these regulations and subject to all of the penalties and proceedings as set forth in Section 1361.21.
(Ord. 2004-40. Passed 5-24-04.)

1369.01 GENERAL IMPROVEMENTS.

   (a)   Conformance to Applicable Rules and Regulations. In addition to the requirements established in these regulations, all subdivision plats shall comply with the following laws, rules, and regulations:
      (1)   All applicable statutory provisions.
      (2)   The City Zoning Ordinance, building and housing codes, and all other applicable laws of appropriate jurisdictions.
      (3)   The Official Master Plan, Official Map, Public Utilities Plan, and Capital Improvements Program of the City, including all streets, drainage systems, and parks shown on the Official map or master Plan as adopted.
      (4)   The special requirements of these regulations and any rules of the Health Department and /or appropriate state or sub-state agencies.
      (5)   The rules of the State Highway Department if the subdivision or any lot contained therein abuts a state highway or connecting street.
      (6)   The standards and regulations adopted by the City Engineer and all boards, commissions, agencies, and officials of the City.
      (7)    In all residential subdivisions platted subsequent to the effective date of this section, unless exempted from the requirements of this chapter as provided in State Law and/or any provision of this code, all telephone and electric distribution wire, Cable T.V., conduits and cables therein, shall be installed underground, except as necessary to bring service to the subdivision. Existing overhead facilities and any rearrangement, improvement or addition thereto shall be exempt from this requirement. The construction of all underground facilities shall meet the minimum requirements of the Public Utilities Commission of Ohio and any code approved or adopted by the Public Utilities Commission of Ohio.
      (8)   Plat approval may be withheld if a subdivision is not in conformity with the above laws, regulations, guidelines, and policies as well as the purposes established in Section 1361.05 of these regulations.
   (b)   Adequate Public Facilities. No preliminary plat shall be approved unless the Planning Commission determines that public facilities will be adequate to support and service the area of the proposed subdivision. The applicant shall, at the request of the Planning Commission, submit sufficient information and data on the proposed subdivision to demonstrate the expected impact on and use of public facilities by possible uses of said subdivision. Public facilities and services to be examined for adequacy will include roads and public transportation facilities, sewerage, and water service.
      (1)   Impact on Public Facilities. The applicant for a preliminary plat must, at the request of the Planning Commission, submit sufficient information and data on the proposed subdivision to demonstrate the expected impact on and use of public facilities and services by possible uses of said subdivision.
      (2)   Water. All habitable buildings and lots shall be connected to a public water system capable of providing water for health and emergency purposes, including adequate fire protection.
      (3)   Wastewater. All habitable buildings and lots shall be served by an approved means of wastewater collection and treatment.
      (4)   Storm Water Management. All developments must comply with the storm water management regulations of the City. Drainage improvements shall accommodate potential runoff from the entire upstream drainage area and shall be designed to prevent increases in downstream flooding. The City shall require the use of control methods such as retention or detention, and/or the construction of offsite drainage improvements to mitigate the impacts of the proposed development.
      (5)   Roads. Proposed roads shall provide a safe, convenient, and functional system for vehicular, pedestrian, and bicycle circulation; shall be properly related to the comprehensive plan; and shall be appropriate for the particular traffic characteristics of each proposed development.
      (6)   Extension Policies. All public improvements and required easements shall be extended through the parcel on which new development is proposed. Streets, waterlines, wastewater systems, drainage facilities, electric lines, and telecommunications lines shall be constructed through new development to promote the logical extension of public infrastructure. The City Engineer may require the applicant of a subdivision to extend offsite improvements to reach the subdivision or oversize required public facilities to serve anticipated future development as a condition of plat approval.
   (c)   Self-Imposed Restrictions. If the owner places restrictions on any of the land contained in the subdivision greater than those required by the Zoning Ordinance or these regulations, such restrictions or reference to those restrictions may be required to be indicated on the subdivision plat, or the Planning Commission may require that restrictive covenants be recorded with the County Recorder of Deeds in a form to be approved by the City Law Director. When allowed by law, the subdivider shall grant to the City the right to enforce the restrictive covenants.
   (d)   Plats Straddling Municipal Boundaries. Whenever access to the subdivision is required across land in another local government, the Planning Commission may request assurance from the City Law Director that access is legally established, and from the City Engineer that the access road is adequately improved, or that a guarantee has been duly executed and is sufficient in amount to assure the construction of the access road. In general, lot lines should be laid out so as not to cross municipal boundary lines.
   (e)   Monuments. The applicant shall place permanent reference monuments in the subdivision as required in these regulations and as approved by a Registered Land Surveyor.
      (1)   Monuments shall be located on street right-of-way lines, at street intersections, angle points of curve and block corners. They shall be spaced so as to be within sight of each other, the sight lines being contained wholly within the street limits.
      (2)   The external boundaries of a subdivision shall be monumented in the field by monuments of stone or concrete, not less than thirty (30) inches in length, not less than four (4) inches square or five (5) inches in diameter, and marked on top with a cross, brass plug, iron rod, or other durable material securely embedded; or by iron rods or pipes at least thirty (30) inches long and one (1) inch in diameter. These monuments shall be placed not more than 1,400 feet apart in any straight line and at all corners, at each end of all curves, at the point where a curve changes its radius, at all angle points in any line, and at all angle points along the meander line, those points to be not less than twenty (20) feet back from the bank of any river or stream, except that when such corners or points fall with a street, or proposed future street, the monuments shall be placed in the side line of the street.
      (3)   All internal boundaries and those corners and points not referred to in the preceding paragraph shall be monumented in the field by like monuments as described above. These monuments shall be placed at all block corners, at each end of all curves, at a point where a river changes its radius, and at all angle points in any line.
      (4)   The lines of lots that extend to rivers or streams shall be monumented in the field by iron pipes at least thirty (30) inches long and three-fourths (3/4) inch in diameter or by round or square iron bars at least thirty (30) inches long. These monuments shall be placed at the point of intersection of the river or stream lot line, with a meander line established not less than twenty (20) feet back from the bank of the river or stream.
      (5)   All monuments required by these regulations shall be set flush with the ground and planted in such a manner that they will not be removed by frost.
      (6)   All monuments shall be properly set in the ground and approved by a Registered Land Surveyor prior to the time the Planning Commission recommends approval of the final plat.
   (f)   Character of the Land. Land that the Planning Commission finds to be unsuitable for subdivision or development due to flooding, improper drainage, steep slopes, rock formations, adverse earth formations or topography, utility easements, or other features that will reasonably be harmful to the safety, health, and general welfare of the present or future inhabitants of the subdivision and/or surrounding areas, shall not be subdivided or developed unless adequate methods are formulated by the developer and approved by the Planning Commission, upon recommendation of the City Engineer, to solve the problems created by the unsuitable land conditions. Such land shall be set aside for uses as shall not involve any danger to public health, safety, and welfare.
   (g)   Subdivision Name. The proposed name of the subdivision shall not duplicate, or too closely approximate phonetically, the name of any other subdivision in the area covered by these regulations. The Planning Commission shall have final authority to designate the name of the subdivision, which shall be determined at sketch plat approval.
(Ord. 2024-17. Passed 3-25-24.)

1369.03 LOT IMPROVEMENTS.

   (a)   Lot Arrangement. The lot arrangement shall be such that there will be no foreseeable difficulties, for reasons of topography or other conditions, in securing building permits to build on all lots in compliance with the Zoning Ordinance and Health Regulations and in providing driveway access to buildings on the lots from an approved street.
   (b)   Lot Dimensions. Lot dimensions shall comply with the minimum standards of the Zoning Ordinance. Where lots are more than double the minimum required area for the zoning district, the Planning Commission may require that those lots be arranged so as to allow further subdivision and the opening of future streets where they would be necessary to serve potential lots, all in compliance with the Zoning Ordinance and these regulations. In general, side lot lines shall be at right angles to street line (or radial to curving street lines) unless a variation from this rule will give a better street or lot plan. Dimensions of corner lots shall be large enough to allow for erection of buildings, observing the minimum front- yard setback from both streets. Depth and width of properties reserved or laid out for business, commercial, or industrial purpose shall be adequate to provide for the off-street parking and loading facilities required for the type of use and development contemplated, as established in the Zoning Ordinance, and to provide for on-site storm water management unless an alternative plan is approved by the City Engineer.
   (c)   Lot Orientation. The lot line common to the street right-of-way shall be the front line. All lots shall face the front line and a similar line across the street. Wherever feasible, lots shall be arranged so that the rear line does not abut the side line of an adjacent lot.
   (d)   Double Frontage Lots and Access to Lots.
      (1)   Double Frontage Lots. Double frontage and reversed frontage lots shall be avoided except where necessary to provide separation of residential development from traffic arterial or to overcome specific disadvantages of topography and orientation.
      (2)   Access from Major and Secondary Arterial. Lots shall not, in general, derive access exclusively from a major or secondary street. Where driveway access from a major or secondary street may be necessary for several adjoining lots, the Planning Commission may require that such lots be served by a combined access drive in order to limit possible traffic hazards on the street. Where possible, driveways should be designed and arranged so as to avoid requiring vehicles to back into traffic on major and secondary arterial.
   (e)   Soil Preservation, Grading, and Seeding. No certificate of occupancy shall be issued until final grading has been completed in accordance with the approved final subdivision plat and the lot recovered with soil with an average depth of at least six (6) inches which shall contain no particles more than two (2) inches in diameter over the entire area of the lot, except that portion covered by buildings or included in streets, or where the grade has not been changed or natural vegetation seriously damaged. Topsoil shall not be removed from residential lots or used as spoil, but shall be redistributed so as to provide at least six (6) inches of cover on the lots and at least four (4) inches of cover between the sidewalks and curbs, and shall be stabilized by seeding or plantings.
   (f)   Lot Drainage. Lots shall be laid out so as to provide positive drainage away from all buildings, and individual lot drainage shall be coordinated with the general storm drainage pattern for the area. Drainage shall be designed so as to avoid concentration of storm drainage water from each lot to adjacent lots.
   (g)   Lawn-Grass Seed and Sod. Lawn-grass seed shall be sown at not less than five (5) pounds to each one-thousand (1,000) square feet of land area. In the spring, the seed shall be sown between April 1 and May 30; and in the fall, the seed shall be sown between August 1 and October 15. The seed shall consist of a maximum of twenty percent (20%) rye grass by weight and minimum of eighty percent (80%) of permanent bluegrass and/or fescue grass by weight. All seed shall have been tested for germination with one (1) year of the date of seeding, and the date of testing shall be on the label containing the seed analysis. All lots shall be seeded from the roadside edge of the unpaved right- of-way back to a distance of twenty-five (25) feet behind the principal residence on the lot. No certificate of occupancy shall be issued until re-spreading of soil and seeding of lawn has been completed; except that between October 16 and March 31, and between June 1 and August 31, the applicant shall submit an agreement in writing signed by the developer and the property owner, with a copy to the Building Commissioner, that re-spreading of soil and seeding of lawn will be done during the immediate following planting season as set forth in this section, and leave a cash escrow for performance in an amount determined by the Building Commissioner. Sod may be used to comply with any requirement of seeding set forth herein.
   (h)   Erosion and Sediment Control. All development must comply with erosion and sediment control regulations of the City. To this end, the developer must provide such temporary and permanent control measures as are appropriate. Such measures may include the use of straw or hay bales, sediment traps, sediment basins, silt fences, earth diversion dikes, check dams, storm drain inlet protection, grasses and mulches, per construction plan details of the Ohio Department of Transportation (ODOT) in accordance with Standard Construction Drawing MC-11, and standards set forth in "Rainwater and Land Development", Ohio's Standards for Storm Water Management, Land Development and Urban Stream Protection. The implementation of soil erosion and sediment control shall also conform to the requirements of the Lake County Soil and Water Conservation District and Ohio Environmental Protection Agency (OEPA) under the NPDES Permit Program for the discharge of storm water from construction sites. If conflicts exist regarding the standards for soil and sediment control, the more restrictive shall apply.
   (i)   Debris and Water. No cut trees, timber, debris, earth, rocks, stones, soil, junk, rubbish, or other waste materials of any kind shall be buried in any land, or left or deposited on any lot or street at the time of the issuance of a certificate of occupancy, and removal of those items and materials shall be required prior to issuance of any certificate of occupancy on a subdivision. No items and materials as described in the preceding sentence shall be let or deposited in any area of the subdivision at the time of expiration of any subdivision improvement agreement or dedication of public improvements, whichever is sooner.
   (j)   Water bodies and Watercourses. If a tract being subdivided contains a water body, or portion thereof, lot lines shall be so drawn as to distribute the entire ownership of the water body among the adjacent lots., The Planning Commission may approve an alternative plan whereby the ownership of and responsibility for safe maintenance of the water body is so placed that it will not become a local government responsibility. No more than twenty-five (25%) of the minimum area of a lot required under the Zoning Ordinance may be satisfied by land that is under water. Where a watercourse separates the buildable area of a lot from the street by which it has access, provisions shall be made for installation of a culvert or other structure, of design approved by the City Engineer.
   (k)   Subdivision Improvement Agreement and Security to Include Lot Improvement. The applicant shall enter into a separate subdivision improvement agreement secured by a letter of credit or cash escrow to guarantee completion of all lot improvement requirements including, but not limited to, soil preservation, final grading, lot drainage, lawn-grass seeding, removal of debris and waste, fencing, and all other lot improvements required by the Planning Commission. Whether or not a certificate of occupancy has been issued, the local government may enforce the provisions of the subdivision improvement agreement where the provisions of this section or any other applicable law, ordinance, or regulation have not been met.
(Ord. 2004-40. Passed 5-24-04.)

1369.05 ROADS.

   (a)   Frontage on Improved Roads. No subdivision shall be approved unless the area to be subdivided shall have frontage on and access from an existing street on the Official Map, or if there is no Official Map, unless such street is:
      (1)   An existing state, country, or township highway; or
      (2)   A street shown upon a plat approved by the Planning Commission and recorded in the County Recorder of Deeds' office. Such street or highway must be suitably improved as required by the highway rules, regulations, specifications, or orders, or be secured by a performance bond required under these subdivision regulations, with the width and right-of-way required by these subdivision regulations or the Official Map Plan.
   Wherever the area to be subdivided is to utilize existing road frontage, the road shall be suitably improved as provided above.
   (b)   Level of Service. The applicant may be required to provide a traffic impact analysis for any development at the discretion of the City Engineer and Planning Commission. No development shall be approved if such development, at full occupancy, will result in or increase traffic on an arterial or collector so that the street does not function at a level of service of C or better. The applicant may propose and construct approved traffic mitigation measures to provide adequate roadway capacity for the proposed development.
   (c)   Grading and Improvement Plan. Roads shall be graded and improved and conform to the local government construction standards and specifications and shall be approved as to design and specifications by the City Engineer, in accordance with the construction plans required to be submitted prior to final plat approval.
   (d)   Topography and Arrangement. 
      (1)   Roads shall be related appropriately to the topography. Local roads shall be curved wherever possible to avoid conformity of lot appearance. All streets shall be arranged so as to obtain as many building sites as possible at, or above, the grades of the streets. Grades of streets shall conform as closely as possible to the original topography. A combination of steep grades and curves shall be avoided.
   All streets shall be properly integrated with the existing and proposed system of thoroughfares and dedicated rights-of-ways as established on the Official Map and/or Master Plan.
      (2)   Minor or local streets shall be laid out to conform as much as possible to the topography to discourage use by through traffic, to permit efficient drainage and utility systems, and to require the minimum number of streets necessary to provide convenient and safe access to property.
      (3)   Proposed streets shall be extended to the boundary lines of the tract to be subdivided, unless prevented by topography or other physical conditions, or unless in the opinion of the Planning Commission such extension is not necessary or desirable for the coordination of the layout of the subdivision with the existing layout or the most advantageous future development of adjacent tracks.
   (e)   Reserved. Editor’s Note: This subsection is reserved for future legislation.
   (f)   Blocks.
      (1)   Blocks shall have sufficient width to provide for two (2) tiers of lots of appropriate depths. Exceptions to this prescribed block width shall be permitted in blocks adjacent to major streets, railroads, or waterways.
      (2)   The lengths, widths, and shapes of blocks shall be such as are appropriate for the locality and the type of development contemplated, but block lengths in residential areas shall not exceed one thousand five hundred (1,500) feet or twelve (12) times the minimum lot width required in the zoning district, nor be less than four hundred (400) feet in length. Wherever practicable, blocks along major arterial and collector streets shall be not less than one thousand (1,000) feet in length.
      (3)   In long blocks the Planning Commission may require the reservation of an easement through the block to accommodate utilities, drainage facilities, or pedestrian traffic.
      (4)   Pedestrian ways or crosswalks, not less than ten (10) feet wide and paved with a Portland Cement concrete walk no less than five (5) feet wide, may be required by the Planning Commission through the center of blocks more than eight hundred (800) feet long where deemed essential to provide circulation or access to schools, playgrounds, shopping centers, transportation, or other community facilities. Blocks designed for industrial uses shall be of such length and width as may be determined suitable by the Planning Commission for prospective use.
   (g)   Access to Primary Arterial. Plans for access to arterial roadways shall be evaluated with reference to the State of Ohio, Department of Transportation Access Management Manual. Where a subdivision borders on or contains an existing or proposed primary arterial, the Planning Commission will encourage the use of various methods to minimize access points. Such methods may include the use of cross-easements, shared parking drive entries, etc. Planning Commission may also require that access to such streets be limited by one of the following means:
      (1)   The subdivision of lots so as to back onto the primary arterial and front onto a parallel local street; no access shall be provided from the primary arterial, and screening shall be provided in a strip of land along the rear property line of such lots.
      (2)   A series of cul-de-sacs, U-shaped streets, or short loops entered from and designed generally at right angles to such a parallel street, with the rear lines of their terminal lots backing onto the primary arterial.
      (3)   A marginal access or service road (separated from the primary arterial by a planning or grass strip and having access at suitable points.).
   (h)   Road Names. The Planning Commission shall approve all road names shall be sufficiently different in sound and spelling from other road names in the municipality so as not to cause confusion. A road which is (or is planned as) a continuation of an existing road shall bear the same name.
   (i)   Road Regulatory Signs. The applicant shall deposit with the local government at the time of final subdivision approval the sum of fifty dollars ($50.00) for each road sign required by the City Engineer at all road intersections. The City shall install all signs before issuance of certificates of occupancy for any residence on the streets approved. Street name signs are to placed at all intersections within or abutting the subdivision, the type and location of which to be approved by the City Engineer.
   (j)   Street Lights. Installation of streetlights shall be required in accordance with design and specification standards approved by the City Engineer.
   (k)   Reserve or Devil Strips. The creation of reserve strips or devil strips shall not be permitted adjacent to a proposed street in such a manner as to deny access from adjacent property to the street.
   (l)   Construction of Roads and Dead-End Roads.
      (1)   Construction of Roads. The arrangement of streets shall provide for the continuation of principal streets between adjacent properties when the continuation is necessary for convenient movement of traffic, effective fire protection, for efficient provision of utilities. If the adjacent property is undeveloped and the street must temporarily be a dead-end street, the right- of-way shall be extended to the property line. A temporary cul-de-sac shall be provided on all temporary dead-end streets, with the notation on the subdivision plat that land outside the normal street right-of-way shall revert to abuttors whenever the street is continued. The Planning Commission may limit the length of temporary dead- end streets in accordance with the design standards of these regulations.
      (2)   Dead-End Roads (Permanent). Where a road does not extend beyond the boundary of the subdivision and its continuation is not required by the Planning Commission for access to adjoining property, its terminus shall normally not be nearer to such boundary than fifty (50) feet. However, the Planning Commission may require the reservation of an appropriate easement to accommodate drainage facilities, pedestrian traffic, or utilities. A cul-de-sac turn around shall be provided at the end of a permanent dead- end street in accordance with construction standards and specifications approved by the City Engineer.
   (m)   Design Standards.
      (1)   General. In order to provide for roads of suitable location, width, and improvement to accommodate prospective traffic and afford satisfactory access to police, firefighting, snow removal, sanitation, and road- maintenance equipment, and to coordinate roads so as to compose a convenient system and avoid undue hardships to adjoining properties, the following design standards for roads are hereby required.
      (2)   Road Surfacing and Improvements. After sewer and water utilities have been installed by the developer, the developer shall construct curbs and gutters and construct roadways to the widths prescribed in these regulations. All roads shall be portland cement concrete in accordance with specifications as determined by the City Engineer to meet City and construction improvements Adequate provision shall be made for culverts, drains, and bridges. All road pavement, shoulders, drainage improvements and structures, curbs, turnarounds, and sidewalks shall conform to all construction standards and specifications adopted by the Planning Commission, City Engineer, or Council and shall be incorporated into the construction plans required to be submitted by the developer for plat approval.
      (3)   Excess Right-of-Way. Right-of-way widths in excess of the standards designated in these regulations shall be required whenever, due to topography, additional width is necessary to provide adequate earth slopes. Such slopes shall not be in excess of three-to-one.
      (4)   Railroads and Limited Access Highways. Railroad rights-of-way and limited access highways where so located as to affect the subdivision of adjoining lands shall be treated as follows:
         A.   In residential districts a buffer strip at least 25 feet in depth in addition to the normal depth of the lot required in the district shall be provided adjacent to the railroad right-or-way or limited access highway. This strip shall be part of the platted lots and shall be designated on the plat: "This strip is reserved for screening. The placement of structures on this land is prohibited."
         B.   In districts zoned for business, commercial, or industrial uses the nearest street extending parallel or approximately parallel to the railroad right-or-way shall, wherever practicable, be at a sufficient distance from the railroad right-of-way to ensure suitable depth for commercial or industrial sites.
      (5)   Industrial Park Roadways. Roadways in industrial parks and mixed use districts which include manufacturing or light industrial uses shall be constructed with pavement widths as described in Section 1169.05(b) and shall be constructed with a minimum 9” reinforced concrete pavement meeting the ODOT specification.
      (6)   Intersections.
         A.   Streets shall be laid out so as to intersect as nearly as possible at right angles. A proposed intersection of two (2) new streets at an angle of less than seventy-five (75) degrees shall not be acceptable. An oblique street should be curved approaching an intersection and should be approximately at right angles for at least one hundred (100) feet therefrom. Not more than two (2) streets shall intersect at any one point unless specifically approved by the Planning Commission.
         B.   Proposed new intersections along one side of an existing street shall, wherever practicable, coincide with any existing intersections on the opposite side of such street. Street jogs with center-line offsets of less than 150 feet shall not be permitted, except where the intersected street has separated dual drives without median breaks at either intersection. Where streets intersect major streets, their alignment shall be continuous. Intersection of major streets shall be at least eight hundred (800) feet apart.
         C.   Minimum curb radius at the intersection of two (2) local streets shall be at least thirty (30) feet; and minimum curb radius at an intersection involving a collector street shall be at least thirty-five (35) feet; and, minimum curb radius at an intersection involving an arterial street shall be at least fifty (50) feet. Alley intersections and abrupt changes in alignment within a block shall have the corners cut off in accordance with standard engineering practice to permit safe vehicular movement.
         D.   Intersections shall be designed with a flat grade wherever practical. In hilly or rolling areas, at the approach to an intersection, a leveling area shall be provided having not greater than a two percent (2%) rate at a distance of sixty (60) feet, measured from the nearest right-of-way line of the intersecting street.
         E.   Where any street intersection will involve earth banks or existing vegetation inside any lot corner that would create a traffic hazard by limiting visibility, the developer shall cut such ground and/or vegetation (including trees) in connection with the grading of the public right-of-way to the extent deemed necessary to provide an adequate sight distance.
         F.   The cross-slopes on all streets, including intersections, shall be three percent (3%) or less.
      (7)   Pavement Widths. The following minimum pavement widths shall be used for all designs of streets and drives for public and private use. Pavement widths are measured from face of curb to face of curb when curb is required.
 

Street Class
Minimum Pavement Width
   (curb face to curb face)

Curb Required
Arterial Streets
Two lane
Four lane
30
52
Yes
Yes
Collector Street
Residential
Industrial
Commercial
28
30
30
Yes
Yes
Yes
Local, Loop and Dead
End Street
Residential
Industrial
Commercial
24
28
28
Yes
Yes
Yes
Private Drive (serving
more than two units)
Residential
Commercial
Industrial
20
26
26
No
No
No
Single Unit Private Drives
Residenital
Industrial
Commercial
10
26
26
No
No
No
      (8)   Bridges. Bridges of primary benefit to the applicant, as determined by the Planning Commission, shall be constructed at the full expense of the applicant without reimbursement from the City. The sharing expense for the construction of bridges not of primary benefit to the applicant as determined by the Planning Commission, will be fixed by special agreement between the City Council and the applicant.
   (n)   Road Dedications and Reservations.
      (1)   New Perimeter Streets. Street systems in new subdivisions shall be laid out so as to eliminate or avoid new perimeter half-streets
      (2)   Widening and Realignment of Existing Roads. Where a subdivision borders an existing narrow road or when the Master Plan, Official Map, or zoning setback regulations indicate plans for realignment or widening a road that would require use of some of the land in the subdivision, the applicant shall be required to improve and dedicate at its expense those areas for widening or realignment of those roads. Frontage roads and streets as described above shall be improved and dedicated by the applicant at its own expense to the full width as required by these subdivision regulations when the applicant's development activities contribute to the need for the road expansion.
      (3)   Land reserved for any road purposes may not be counted in satisfying yard or area requirements of the Zoning Ordinance whether the land is to be dedicated to the municipality in fee simple or an easement is granted to the City. (Ord. 2004-40. Passed 5-24-04.)

1369.07 DRAINAGE AND STORM SEWERS.

   (a)   General Requirements. The Planning Commission shall not recommend for approval any plat of subdivision that does not make adequate provision for storm and flood water runoff channels or basins. The storm water drainage system shall be separate and independent of any sanitary sewer system. Storm sewers shall be designed by methods as approved by the City Engineer, and a copy of design computations shall be submitted along with plans. Inlets shall be provided so that surface water is not carried across or around any intersection, nor for a distance of more than 300 feet in the gutter. When calculations indicate that curb capacities are exceeded at a point, no further allowance shall be made for flow beyond that point, and basins shall be used to intercept flow at that point. Surface water drainage patterns shall be shown for each and every lot and block.
   (b)   Nature of Storm Water Facilities.
      (1)   Location. The applicant may be required by the Planning Commission to carry away by pipe or open ditch any spring or surface water that may exist either previously to, or as a result of the subdivision.
      (2)   Accessibility to Public Storm Sewers.  
         A.   Where a public storm sewer is accessible, the applicant shall install storm sewer facilities, or if no outlets are within a reasonable distance, adequate provision shall be made for the disposal of storm waters, subject to the specifications of the City Engineer.
         B.   If a connection to a public storm sewer will be provided eventually, as determined by the City Engineer and the Planning Commission, the developer shall make arrangements for future storm water disposal by a public utility system at the time the plat receives final approval.
      (3)   Accommodation of Upstream Drainage Areas. A culvert or other drainage facility shall in each case be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the subdivision. The City Engineer shall determine the necessary size of the facility, based on the provisions of the construction standards and specifications assuming conditions of maximum potential watershed development permitted by the Zoning Ordinance.
      (4)   Effect on Downstream Drainage Areas. The City Engineer shall also study the effect of each subdivision on existing downstream drainage facilities outside the area of the subdivision. Local government drainage studies together with such other studies as shall be appropriate, shall serve as a guide to needed improvements. Where it is anticipated that the additional runoff incident to the development of the subdivision will overload an existing downstream drainage facility, the Planning Commission may withhold approval of the subdivision until provision has been made for the expansion of the existing downstream drainage facility. No subdivision shall be approved unless adequate drainage will be provided to an adequate drainage watercourse or facility.
      (5)   Areas of Poor Drainage. Wherever a plat is submitted for an area that is subject to flooding, the Planning Commission may approve such subdivision provided that the applicant fills the affected area of the subdivision to an elevation sufficient to place the elevation of streets and lots at a minimum of twelve (12) inches above the elevation of the one hundred (100) year floodplain, as determined by the City Engineer. The plat of the subdivision shall provide for an overflow zone along the bank of any stream or watercourse, in a width that shall be sufficient in times of high water to contain or move the water, and no fill shall be placed in the overflow zone nor shall any structure be erected or placed in the overflow zone. The boundaries of the overflow zone shall be subject to approval by the City Engineer. The Planning Commission may deny subdivision approval for areas of extremely poor drainage.
      (6)   Floodplain Areas. The Planning Commission may, when it deems it necessary for the health, safety, or welfare of the present and future population of the area and necessary to the conservation of water, drainage, and sanitary facilities, prohibit the subdivision of any portion of the property that lies within the floodplain of any stream or drainage course. These floodplain areas shall be preserved from any and all destruction or damage resulting from clearing, grading, or dumping of earth, waste material, or stumps, except at the discretion of the Planning Commission.
 
   (c)   Dedication of Drainage Easements.
      (1)   General Requirements. When a subdivision is traversed by a watercourse, channel, or stream, there shall be provided a storm water easement or drainage right-of-way conforming substantially to the lines of such watercourse, and of such width and construction as will be adequate for the purpose. Wherever possible, it is desirable that the drainage be maintained by an open channel with landscaped banks and adequate width for maximum potential volume of flow.
      (2)   Drainage Easements.  
         A.   Where topography or other conditions are such as to make impractical the inclusion of drainage facilities within road right-of- way, perpetual, unobstructed easements at least fifteen (15) feet in width for drainage facilities shall be provided across property outside the road lines and with satisfactory access to the road. Easements shall be indicated on the plat. Drainage easements shall extend from the road to a natural watercourse or to other drainage facilities.
         B.   When a proposed drainage system will carry water across private land outside the subdivision, appropriate drainage rights must be secured and indicated on the plat.
         C.   The applicant shall dedicate, either in fee or by a drainage or conservation easement, land on both sides of existing watercourses to a distance recommended by the City Engineer.
         D.   Low-lying lands along watercourses subject to flooding or overflowing during storm periods, whether or not included in areas for dedication, shall be preserved and retained in the natural state as drainage ways. Such land subject to periodic flooding shall not be computed in determining the number of lots to be utilized for average density procedures nor for computing the area requirement of any lot.
            (Ord. 2004-40. Passed 5-24-04.)

1369.09 WATER FACILITIES.

   (a)   General Requirements.
      (1)   The developer shall install adequate water facilities (including fire hydrants) subject to the specifications of the Lake County Department of Utilities and the City Engineer.
      (2)   The location of all fire hydrants, all water supply improvements, and the boundary lines of proposed districts, indicating all improvements proposed to be served, shall be shown on the preliminary plat, and the cost of installing same shall be borne by the developer and included in the subdivision improvement agreement and security to be furnished by the developer.
   (b)   Fire Hydrants. Fire hydrants shall be required for all subdivisions. Fire hydrants shall be located no more than 250 feet apart and within 300 feet of any structure and shall be approved by the Fire Department of the City. To eliminate future street openings, all underground utilities for fire hydrants, together with the fire hydrants themselves, and all other supply improvements shall be installed before any final paving of a street shown on the subdivision plat.
(Ord. 2004-40. Passed 5-24-04.)

1369.11 SEWERAGE FACILITIES.

   (a)   General Requirements. The applicant shall install sanitary sewer facilities in a manner prescribed by the City of Wickliffe. All plans shall be designed and approved in accordance with the rules, regulations, and standards of the City Engineer and other appropriate agencies.
   (b)   Residential and Nonresidential Districts. Sanitary sewerage facilities shall connect with public sanitary sewerage systems. Sewers shall be installed to serve each lot and to grades and sizes required by the City Engineer. No individual disposal system or treatment plants (private or group disposal systems) shall be permitted. Sanitary sewerage facilities (including the installation of laterals in the right-of-way) shall be subject to the specifications, rules, regulations, and guidelines of the Health Officer, City Engineer, Ohio and USEPA.
   (c)   Mandatory Connection to Public Sewer System. If a public sanitary sewer is accessible and a sanitary sewer is placed in a street or alley abutting upon property, the owner of the property shall be required to connect to the sewer for the purpose of disposing of waste, and it shall be unlawful for and such owner or occupant to maintain upon any such property an individual sewage disposal system.
(Ord. 2004-40. Passed 5-24-04.)

1369.13 SIDEWALKS.

   (a)   Required Improvements.
      (1)   Sidewalks shall be included within the dedicated right-of-way of all roads unless as otherwise determined by Planning Commission.
      (2)   Concrete curbs are required for all roads when sidewalks are required by these regulations or when required at the discretion of the Planning Commission.
      (3)   A median strip of grassed or landscaped areas at least two (2) feet wide shall separate all sidewalks from adjacent curbs.
   (b)   Pedestrian Accesses. The Planning Commission may require, in order to facilitate pedestrian access from the roads to schools, parks, playgrounds, or other nearby roads, perpetual unobstructed easements at least twenty (20) feet in width. Easements shall be indicated on the plat.
(Ord. 2004-40. Passed 5-24-04.)

1369.15 UTILITIES.

   (a)   Location. All utility facilities, including but not limited to gas, electric power, telephone, and CATV cables, shall be located underground throughout the subdivision. Whenever existing utility facilities are located above ground, except when existing on public roads and rights- of-way, they shall be removed and placed underground. All utility facilities existing and proposed throughout the subdivision shall be shown on the preliminary plat. Underground service connections to the street property line of each platted lot shall be installed at the subdivider's expense. At the discretion of the Planning Commission, the requirement for service connections to each lot may be waived in the case of adjoining lots to be retained in single ownership and intended to be developed for the same primary use.
   (b)   Easements.
      (1)   Easements centered on rear lot lines shall be provided for utilities (private and municipal) and such easements shall be at least ten (10) feet wide. Proper coordination shall be established between the subdivider and the applicable utility companies for the establishment of utility easements established in adjoining properties.
      (2)   When topographical or other conditions are such as to make impractical the inclusion of utilities within the rear lot lines, perpetual unobstructed easements at least ten (10) feet in width shall be provided along side lot lines with satisfactory access to the road or rear lot lines. Easements shall be indicated on the plat.
         (Ord. 2004-40. Passed 5-24-04.)

1369.17 PUBLIC USES.

   (a)   Parks, Playgrounds, and Recreation Areas.
      (1)   Recreation Standards. The Planning Commission shall require that land be reserved for parks and playgrounds or a fee in lieu of reservation of park, playgrounds and recreation areas be provided as a condition of subdivision approval. Each reservation shall be of suitable size, dimension, topography, and general character and shall have adequate road access for the particular purposes envisioned by the Planning Commission. The area shall be shown and marked on the Plat, "Reserved for Park and/or Recreation Purposes." When recreation areas are required, the Planning Commission shall determine the number of acres to be reserved on the basis of three (3) acres of recreation area for every one hundred (100) dwelling units. The Planning Commission may refer such proposed reservations to the official or department in charge of parks and recreation for recommendation.
      (2)   Minimum Size of Park and Playground Reservations. In general, land reserved for recreation purposes shall have an area of at least four (4) acres. When less than four (4) acres are required, or when the proposed subdivision is in close proximity to an existing park or playground, the Commission may require that a fee be paid to a fund to be used for this purpose as described in Section 1369.17(a)(4).
      (3)   Recreation Sites. Land reserved for recreation purposes shall be of a character and location suitable for use as a playground, play field, or for other recreation purposes, and shall be relatively level and dry; and shall be improved by the developer to the standards required by the Planning Commission, which improvements shall be included in the subdivision improvement agreement and security. The Planning Commission may refer any subdivision proposed to contain a dedicated park to the Parks Department for a recommendation. All land to be reserved for dedication to the local government for park purposes shall have prior approval of Council and shall be shown marked on the plat, "Reserved for Park and/or Recreation Purposes.
      (4)   Alternative Procedure: Money in Lieu of Land. Where, with respect to a particular subdivision, the reservation of land required pursuant to this section does not equal the minimum area required to be reserved, or where the subdivision may be served by an existing park or recreation facility, the Planning Commission shall require that the applicant deposit with Council a cash payment in lieu of land reservation. Such deposit shall be placed in a Neighborhood Park and Recreation Improvement Fund to be established by the Council. The deposit shall be used by the City for improvement of a neighborhood park, playground, or recreation area including the acquisition of property. The deposit must be used for facilities that actually will be available to and benefit the persons in the subdivision for which payment was made and be located in the general neighborhood of subdivision. The Planning Commission shall determine the amount to be deposited based on two hundred dollars ($200.00) multiplied by the number of times that the total number of dwelling units in the subdivision, less a credit for the amount of any land actually reserved for recreation purposes.
         (Ord. 2004-40. Passed 5-24-04.)

1369.19 PRESERVATION OF NATURAL FEATURES AND AMENITIES.

   (a)   General. Existing features that would add value to residential development or to the local government as a whole, such as trees, watercourses, historic sites, and similar irreplaceable assets, shall be preserved if possible.
   (b)   Shade Trees Planted by Developer.
      (1)   As a requirement of subdivision approval the applicant shall plant shade trees on the property of the subdivision. At the discretion of Planning Commission, such trees are to be planted within the right-of-way or within an easement desidnated for that purpose. One (1) tree shall be planted for every forty (40) feet of frontage along each road unless the Planning Commission, upon recommendation of the City Engineer, shall grant a waiver.
      (2)   New trees to be provided pursuant to these regulations shall be approved by the City Engineer and shall be planted in accordance with the recommendations of the City Engineer. The trees shall have a minimum trunk diameter (measured twelve [12] inches above ground level) of not less than two (2) inches. Only Oak, Honey Locust, Hard Maples, Ginkgo, or other long-lived shade trees, acceptable to the City Engineer and to the Planning Commission, shall be planted.
      (3)   Shade Tree Easement and Dedication. The preliminary plat and final plat shall reserve an easement authorizing the local government to plant shade trees with five (5) feet of the required right-of-way of the local government. No street shall be accepted for dedication until the City Engineer shall inform the Planning Commission and Council that compliance, where necessary, has been made with these regulations.
         (Ord. 2004-40. Passed 5-24-04.)

1369.21 NONRESIDENTIAL SUBDIVISIONS.

   (a)   General. A nonresidential subdivision shall also be subject to all the requirements of site plan approval set forth in Section 1303.50 of the Zoning Ordinance. Site plan approval and nonresidential subdivision plat approval may proceed simultaneously at the discretion of the Planning Commission. A nonresidential subdivision shall be subject to all the requirements of these regulations, as well as such additional standards required by the Planning Commission.
   (b)   Standards. In addition to the principles and standards in these regulations, which are appropriate to the planning of all subdivisions, the applicant shall demonstrate to the satisfaction of the Commission that the street, parcel, and block pattern proposed is specifically adapted to the uses anticipated and takes into account other uses in the vicinity. The following principles and standards shall be observed:
      (1)   Proposed industrial parcels shall be suitable in area and dimensions to the types of industrial development anticipated.
      (2)   Street rights-of-way and pavement shall be adequate to accommodate the type of volume of traffic anticipated to be generated thereupon.
      (3)   Special requirements may be imposed by the City with respect to street, curb, gutter, and sidewalk design and construction.
      (4)   Special requirements may be imposed by the City with respect to the installation of public utilities, including water, sewer, and storm water drainage.
      (5)   Every effort shall be made to protect adjacent residential areas from potential nuisance from a proposed commercial or industrial subdivision, including the provision of extra depth in parcels backing up on existing or potential residential development and provisions for a permanently landscaped buffer strip when necessary.
         (Ord. 2004-40. Passed 5-24-04.)

1371.01 PLAT VACATION.

   (a)   Owner Initiated Plat Vacation. The owner or owners of lots in any approved subdivision, including the developer, may petition the Planning Commission to vacate the plat with respect to their properties. The petition shall be filed on forms provided by the Building Commissioner. One (1) copy shall be referred to the Planning Commission.
      (1)   Notice and Hearing. The Planning Commission shall publish notice in a local newspaper of general circulation and provide personal notice of the petition for vacation to all owners of property within the affected subdivision and shall state in the notice the time and place for a public hearing on the vacation petition. The public hearing shall be no sooner than thirty (30) days and no later than forty-five (45) days after the published and personal notice.
      (2)   Criteria. The Planning Commission shall approve the petition for vacation on such terms and conditions as are reasonable to protect public health, safety, and welfare; but in no event may the Planning Commission approve a petition for vacation if it will materially injure the rights of any non- consenting property owner or any public rights in public improvements unless expressly agreed to by City Council.
      (3)   Recordation of Revised Plat. Upon approval of any petition for vacation, the Planning Commission shall direct the petitioners to prepare a Revised Final Subdivision Plat in accordance with these regulations. The Revised Final Subdivision Plat may be recorded only after having been signed by the Chairman of the Planning Commission and the Law Director.
      (4)   Developer Initiated Vacation. When the developer of the subdivision, or its successor, owns all of the lots in the subdivision, the Developer or successor may petition for vacation of the subdivision plat and the petition may be approved, conditionally approved, or disapproved at a regular public meeting of the Planning Commission subject to criteria specified in this Chapter. The petition shall be made on forms provided by the Building Commissioner at least thirty (30) days prior to a regular Planning Commission public meeting and the Commission shall refer one (1) copy of the petition to City Council. Regardless of the Planning Commission's action on the petition, the developer or its successor will have no right to a refund of any monies, fees, or charges paid to the municipality nor to the return of any property or consideration dedicated or delivered to the municipality except as may have previously been agreed to by the Planning Commission, City Council, and the developer.
   (b)   Government Initiated Plat Vacation.
      (1)   General Conditions. The Planning Commission, on its motions, may vacate the plat of an approved subdivision when:
         A.   No lots within the approved subdivision have been sold within five (5) years from the date that the plat was signed by the Chairman of the Planning Commission;
         B.   The developer has breached a subdivision improvement agreement and the municipality is unable to obtain funds with which to complete construction of public improvements, except that the vacation shall apply only to lots owned by the developer or its successor;
         C.   The plat has been of record for more than five (5) years and the Planning Commission determines that the further sale of lots within the subdivision presents a threat to public health, safety and welfare, except that the vacation shall apply only to lots owned by the developer not its successor.
      (2)   Procedure. Upon any motion of the Planning Commission to vacate the plat of any previously approved subdivision, in whole or in part, the Commission shall publish notice in a newspaper of general circulation, and provide personal notice to all property owners within the subdivision and shall also provide notice to City Council. The notice shall state the time and place for a public hearing on the motion to vacate the subdivision plat. The public hearing shall be no sooner than thirty (30) and no later than forty-five (45) days from the date of the published and personal notice. The Planning Commission shall approve the resolution effecting the vacation only if the criteria in Section 1371.01(a)(2) are satisfied.
      (3)   Recordation of Notice. If the Planning Commission adopts a resolution vacating a plat in whole, it shall record a copy of the resolution in the Clerk and Recorder's Office of Lake County. If the Planning Commission adopts a resolution vacating a plat in part, it shall record a copy of the resolution as described above and cause a revised Final Subdivision Plat to be recorded which shows that portion of the original subdivision plat that has been vacated and that portion that has not been vacated.
         (Ord. 2004-40. Passed 5-24-04.)

1373.01 SKETCH PLAT.

   Sketch plats submitted to the Planning Commission, prepared in pen or pencil, shall be drawn to a convenient scale of not more than one hundred (100) feet to an inch and shall show the following information:
   (a)   Name.
      (1)   Name of subdivision if property is within an existing subdivision.
      (2)   Proposed name if not within a previously platted subdivision. The proposed name shall not duplicate the name of any plat previously recorded.
      (3)   Name of property if no subdivision name has been chosen.
   (b)   Ownership.
      (1)   Name and address, including telephone number, of legal owner or agent of property, and citation of last instrument conveying title to each parcel of property involved in the proposed subdivision, giving grantor, grantee, date, and land records reference.
      (2)   Citation of any existing legal rights-of-way or easements affecting the property.
      (3)   Existing covenants on the property, if any.
      (4)   Name and address, including telephone number, of the professional person(s) responsible for subdivision design, for the design of public improvements, and for surveys.
   (c)   Description. Location of property by government lot, section, township, range and county, graphic scale, north arrow, and date.
      (1)   Location of property lines, existing easements, burial grounds, railroad rights-of-way, watercourses, wetlands; location, width, and names of all existing or platted streets or other public ways within or immediately adjacent to the tract; names of adjoining property owners from the latest assessment rolls within five hundred (500) feet of any perimeter boundary of the subdivision.
      (2)   Location, sizes, elevations, and slopes of existing sewers, water mains, culverts, and other underground structures within the tract and immediately adjacent thereto; existing permanent building and utility poles on or immediately adjacent to the site and utility rights-of-way.
      (3)   Approximate topography, at the same scale as the sketch plat.
      (4)   The approximate location and widths of proposed streets.
      (5)   Preliminary proposals for connection with existing water supply and sanitary sewage systems or alternative means of providing water supply and sanitary waste treatment and disposal; preliminary provisions for collecting and discharging surface water drainage.
      (6)   The approximate location, dimensions, and areas of all proposed or existing lots.
      (7)   The approximate location, dimensions, and area of all parcels of land proposed to be set aside for park or playground use or other public use, or for the use of property owners in the proposed subdivision.
      (8)   The location of temporary stakes to enable the Planning Commission to find and appraise features of the sketch plat in the field.
      (9)   Whenever the sketch plat covers only a part of an applicant's contiguous holdings, the applicant shall submit, at the scale of no more than two hundred (200) feet to the inch, a sketch in pen or pencil of the proposed subdivision area, together with its proposed street system, and an indication of the probable future street system, and an indication of the probable future street and drainage system of the remaining portion of the tract.
      (10)   A vicinity map showing streets and other general development of the surrounding area. The sketch plat shall show all school and improvement district lines with the zones properly designated.
         (Ord. 2004-40. Passed 5-24-04.)

1373.03 PRELIMINARY PLAT.

   (a)   General. The preliminary plat shall be prepared by a licensed land surveyor at a convenient scale not more than one (1) inch equals one hundred (100) feet, may be prepared in pen or pencil, and the sheets shall be numbered in sequence if more than one (1) sheet is used and shall be of such size as is acceptable for filing in the office of the Recorder of Deeds. The map prepared for the preliminary plat may also be used for the final subdivision plat and, therefore, should be drawn on tracing cloth or reproducible mylar.
   (b)   Features. The preliminary plat shall show the following:
      (1)   The location of property with respect to surrounding property and streets, the names of all adjoining property owners of record, or the names of adjoining developments; the names of adjoining streets.
      (2)   The location and dimensions of all boundary lines of the property to be expressed in feet and decimals of a foot.
      (3)   The location of existing streets, easements, water bodies, streams, and other pertinent features such as swamps, railroads, buildings, parks, cemeteries, drainage ditches, and bridges, as determined by the Planning Commission.
      (4)   The location and width of all existing and proposed streets and easements, alleys, and other public ways, and easement and proposed street rights-of- way and building set-back lines.
      (5)   The locations, dimensions, and areas of all proposed or existing lots.
      (6)   The location and dimensions of all property proposed to be set aside for park or playground use, or other public or private reservation, with designation of the purpose of those set asides, and conditions, if any, of the dedication or reservation.
      (7)   The name and address of the owner or owners of land to be subdivided, the name and address of the subdivider if other than the owner, and the name of the land surveyor.
      (8)   The date of the map, approximate true north point, scale, and title of the subdivision.
      (9)   Sufficient data acceptable to the City Engineer to determine readily the location, bearing, and length of all lines, and to reproduce such lines upon the ground; the location of all proposed monuments.
      (10)   Names of the subdivision and all new streets as approved by the Planning Commission.
      (11)   The zoning classification of the land to be subdivided with an indication of the use of any lot (single-family, two-family, multi-family, townhouse) and all uses other than residential proposed by the subdivider.
      (12)   Blocks shall be consecutively numbered or lettered in alphabetical order. The blocks in numbered additions to subdivisions bearing the same name shall be numbered or lettered consecutively through-out the several additions.
      (13)   All lots in each block shall be consecutively numbered. Outlots shall be lettered in alphabetical order. If blocks are numbered or lettered, outlots shall be lettered in alphabetical order within each block.
      (14)   All information required on sketch plat should also be shown on the preliminary plat, and the following notations shall also be shown:
         A.   Explanation of drainage easements, if any.
         B.   Explanation of site easements, if any.
         C.   Explanation of reservations, if any.
      (15)   Drawings shall be stamped and signed by an engineer and/or surveyor registered to conduct business in the State of Ohio.
      (16)   Each revision shall include a notation of the date of revision.
      (17)   Endorsement of owner, as follows:
_____________________________________________________
Owner                  Date
      (18)   Form for endorsements by Planning Commission Chairman as follows:
       Approved by Resolution of the Planning Commission.
______________________________________________________
Chairman               Date
 
      (19)   The lack of information under any item specified herein, or improper information supplied by the applicant, shall be cause for disapproval of a preliminary plat.
         (Ord. 2004-40. Passed 5-24-04.)

1373.05 FINAL SUBDIVISION PLAT.

   (a)   General. The final subdivision plat shall be presented in AutoCadd 14 or later digital format and India ink on tracing cloth or reproducible mylar at the same scale and contain the same information, except for any changes or additions required by resolution of the Planning Commission, as shown on the preliminary plat. The preliminary plat may be used as the final subdivision plat if it meets these requirements and is revised in accordance with any Planning Commission's conditions. All revision dates must be shown as well as the following:
      (1)   Notation of any self-imposed restrictions, and locations of any building lines proposed to be established in this manner, if required by the Planning Commission in accordance with those regulations.
      (2)   Endorsement of the Regional Sewer District and Lake County Water Authority.
      (3)   Endorsement on the plat by every person having a security interest in the subdivision property that they are subordinating their liens to all covenants, servitude, and easements imposed on the property.
      (4)   Lots numbered as approved by the City Engineer.
      (5)   All monuments erected, corners, and other points established in the field in their proper places. The type the monuments, corners, or other points of reference and their materials of construction shall be noted. The legend for metal monuments shall indicate the kind of metal, the diameter, length, and weight per lineal foot of the monuments.
   (b)   Preparation. The final subdivision plat shall be prepared by an engineer and/or land surveyor licensed to do business in the State of Ohio, and shall be stamped, signed and dated.
   (c)   Signature Blocks. Signature blocks shall be provided on the cover sheet to document approvals by the City Engineer, Council Chairperson, and Mayor.
(Ord. 2004-40. Passed 5-24-04.)
CODIFIED ORDINANCES OF WICKLIFFE