Willoughby Hills City Zoning Code
TITLE FIVE
Subdivision Regulations
1123.01 PURPOSE.
The purpose of this Chapter is to provide adequate review of minor and major subdivisions as well as public improvements.
(Ord. 2006-35. Passed 5-25-06.)
1123.02 MINOR SUBDIVISIONS.
Procedures are herein established and intended to define the steps by which an applicant may design, make an application, record plats and construct improvements in the development of land classified as a minor subdivision.
(a) Classification. A proposed division of a parcel of land which adjoins an existing public street and does not involve the opening, widening, extension or improvement of any street or the installation of any underground public utility, and does not involve more than five lots and does include all the contiguous land under one ownership, shall be classified as a minor subdivision.
(b) Application. An application and sketch plat, complying with the requirements set forth in subsection (c) hereof shall be prepared for each minor subdivision and submitted to the Zoning Administrator. The purposes of a sketch plat layout are to furnish sufficient information for determination of proper integration of the subdivision with the neighborhood and compliance with City codes.
(c) Sketch Plat. The developer shall furnish with the application for approval of a sketch plat for a minor subdivision the following:
(1) Maps and data.
A. Location - A drawing or print of a City map, or a part thereof, showing the location of the proposed subdivision.
B. Property - A drawing or print showing by scale and dimensions the parcel which is to be subdivided and all contiguous land of the same ownership, including locations of existing structures within fifty feet of the boundaries.
C. Topography - Information on the topography and drainage of the proposed subdivision and within fifty feet thereof; and
D. Utilities - Information on the accessibility of required utilities; and
E. Names of the owner and of adjoining property owners, including designations of the parcel according to official records.
(2) Sketch Plat. The sketch plat shall be clearly drawn on transparent paper or cloth at a scale of not less than fifty feet to the inch showing the proposed layout and dimensions of each lot.
(d) Distribution of Sketch Plat. The application shall be transmitted by the Zoning Administrator to the Planning and Zoning Commission as well as other agencies as follows:
(1) The application may be transmitted to appropriate administrative departments and professional consultants for review and comment.
(2) Any department reports, comments, or expert opinions shall be compiled by the Zoning Administrator and transmitted to the Planning and Zoning Commission prior to the time of the Commission's review.
(e) Approval. If the Planning and Zoning Commission determines the proposed division of land is a minor subdivision, and:
(1) That all the contiguous land owned by the proposed developer will therein be completely subdivided, and
(2) That it is properly integrated with adjoining developments or could be properly coordinated with the subdivision and extension of streets to adjoining land, and
(3) That it complies with the planning principles and other sections of these regulations, the Zoning and other Codes and plans of the City, and
(4) If the layout is satisfactory and all maps, plans and data as set forth in subsection (c) hereof, then the plat shall be approved.
A notation to that effect shall be made on the sketch plat by the Chairman of the Planning and Zoning Commission, the Zoning Administrator and the City Engineer; and the developer shall be informed if a metes and bounds deed description or a plat map will be required.
(f) If Not Approved. If the Planning and Zoning Commission determines it is a major subdivision or the sketch plat is not approved for other reasons, the Planning and Zoning Commission shall state the conditions that shall be complied with before it will be approved.
(g) Recording the Minor Subdivision. After approval of a sketch plat, the developer shall submit either a metes and bounds, deed description, and/or plat as required, to the City Engineer for review. The metes and bounds, deed description, and/or plat shall conform to all applicable County and State standards. An electronic copy of the plat in AutoCad format shall also be provided to the City Engineer. If the same is found to conform to the approved sketch plat and is otherwise satisfactory to the Engineer, he shall so certify his approval thereon. The approval shall expire within 120 days unless the deed or plat has been filed and recorded in the office of the County Recorder and the Planning and Zoning Commission has been so notified by the developer in writing. (Ord. 2006-35. Passed 5-25-06.)
1123.03 MAJOR SUBDIVISIONS.
Procedures are herein established and intended to define the steps by which an applicant may design, make an application, record plats and construct improvements in the development of land, and by which the Planning and Zoning Commission may review, make recommendations for and approve the plans and otherwise administer these regulations.
(a) Sketch plat. For subdivisions where public utilities are not accessible at the site or where rezoning is also involved in the project, the developer may submit, as an exploratory step, a sketch plat and a program for improvements without all of the maps, data and plans as set forth in subsection (b) hereof to permit an opportunity for the Planning and Zoning Commission to conduct a work session to review and render comments before the plan is advanced. This process will take place before proceeding with the preparation of the preliminary plan. However, no action shall be taken at such a meeting and no discussions, opinions, suggestions, or recommendations of the Planning and Zoning Commission shall be relied upon by the applicant to indicate subsequent approval or disapproval by the Planning and Zoning Commission.
(b) Preliminary plat. The purpose of the preliminary plat shall be to explore the best design for the subdivision, the best relationship to adjoining subdivisions or undeveloped land, to outline a program of improvements and to obtain the advice, suggestions and recommendations of the Planning and Zoning Commission, the City Engineer and departments of the City before the subdivision becomes fixed as in a detailed drawing.
(1) Compliance with zoning standards and planning and design principles. The proposed subdivision shall be planned in accordance with the zoning standards set forth in Titles One, Three, Seven, and Eleven as well as the planning and design principles set forth in Title Five of these regulations.
(2) Application and submission requirements. The developer shall furnish a written application, the preliminary plat, and accompanying maps and data complying with the requirements set forth below, indicating the existing conditions of the site, all of which shall be submitted to the Zoning Administrator for each proposed major subdivision.
A. Plat Preparation. The subdivision shall be designed and drawn by a registered architect, engineer, land surveyor, landscape architect or professional planner. The preliminary plat shall be accurately drawn at a scale of not less than 100 feet to one inch, and shall include a graphic scale, north arrow, date and title. It may be drawn in pencil on transparent paper.
B. Preliminary Plat. The drawing shall include the following:
1. The layout, right-of-way and pavement widths, approximate grades and names of proposed streets and abutting existing streets, including the location of pavements and sidewalks;
2. The location, width and purpose of all other public right-of- ways and easements;
3. The approximate dimensions and number of lots; and each lot's proposed use.
4. Sites to be reserved or dedicated for parks, playgrounds or other public uses;
5. Existing structures on the parcel and on adjoining property within fifty (50) feet and proposed building setback lines.
6. The bearings and distances of the parcel to be subdivided; and
7. Contours at two-foot intervals based on the county datum plane and showing the approximate direction and gradient of the ground slope on immediately adjacent land; the subsurface condition of the tract if not typical; wetlands and the watercourses, marshes, wooded areas, isolated preservable trees and other significant features. This map may be compiled by photogrammetric methods.
C. Location map of the City or part thereof, showing thereon the location of the proposed subdivision and the relationship to adjacent development and all community facilities which serve or influence it.
D. Utility map showing utilities on and adjacent to the tract, including the water and gas mains and the location of fire hydrants and electric power and telephone poles.
E. Titles and certificates indicating present parcel designations according to official records, the name of the developer, the name and address of the owners, certification of a registered surveyor, the scale and the date of the survey.
F. Protective Covenants. An outline of the protective covenants proposed to regulate and protect the development.
G. Other Preliminary Drawings. The Planning and Zoning Commission may require additional preliminary drawings showing information such as street profiles and grades, a typical cross section of the proposed roadway, proposed sanitary and storm sewers and water service, or the prospective street system of adjacent land owned by the developer.
H. Ownership Certificate. The Commission may require a certificate as to ownership and that the proposed subdivision is satisfactory to the owner.
(3) Notification of Planning and Zoning Commission Meeting. The Planning and Zoning Commission shall notify by letter the owners, as shown upon the current records of the County Recorder, of adjoining land at least ten days before the meeting at which the proposed subdivision is to be considered.
(4) Review by Others. For all subdivisions which are of such scope or at such locations as to affect the design of an integrated neighborhood street pattern, extensions to adjoining unsubdivided land, public sites, unusual topographic or other conditions, the Zoning Administrator may transmit the preliminary plat to the City Engineer, appropriate administrative departments and professional consultants for review and comment. Any department reports, comments, or expert opinions shall be compiled by the Zoning Administrator and transmitted to the Planning and Zoning Commission prior to the time of the Planning and Zoning Commission's review. The Planning and Zoning Commission shall review any analysis requested or otherwise determine if the preliminary plat embraces all the applicable planning principles and other provisions of these regulations as well as other codes of the City.
(5) Planning and Zoning Commission Action. The Planning and Zoning Commission shall act upon the preliminary plat, and upon approval, submit a recommendation to Council to accept the preliminary plat.
(6) Council Action. Upon notification by the Planning and Zoning Commission of the Planning and Zoning Commission's approval of the preliminary plat, the Council shall legislatively accept or reject such preliminary plat by resolution. Council's acceptance shall be indicated by the signature of the Clerk of Council, the resolution number and date of passage.
(7) Effect of Approval. The approval of the preliminary plat shall assure the developer for a one-year period from the date of approval:
A. That the general layout of streets, lots and other features are approved and that the preliminary plat shall be the basis for the preparation of the final plat;
B. That the general terms and any special conditions under which the approval of the preliminary plat was granted shall not be changed; and
C. That the developer may submit drawings and specifications for improvements and a final plat for the whole or part of the subdivision for final approval.
(c) Final plat. Following the approval of the preliminary plat, the owner, subdivider or agent shall prepare for record purposes, and for dedication of public streets and other public places, a final plat of the proposed subdivision.
(1) Application and Submission Requirements. An application for approval of a final plat shall be submitted in writing to the Zoning Administrator. The application shall include the original mylar of the final plat, the original mylar of the drawings for the required improvements, three black-on-white prints of each mylar, three sets of specifications and other maps, data and certificates as set forth in the following:
A. Final Plat. The final plat shall be designed and drawn by an engineer or land surveyor in ink on mylar sheets at a size complying with the County standards, at a scale not less than fifty feet to one inch. An electronic copy in AutoCad format shall also be filed with the City Engineer. If necessary, the final plat shall consist of several sheets including an index and references to adjoining sheets. Each sheet shall include the title, scale, north arrow and date. The final plat shall show the following:
1. Primary control points to which all dimensions, angles and bearings are to be referred and the nearest street or section line or other established point. All primary control points shall be referenced to the State plane coordinating system.
2. Tract boundary lines, right-of-way lines of streets, easements (and purpose for easements) and other rights-of-way, corporation lines and property lines with accurate dimensions, and radii, arcs, chords and tangents of all curves, nearest one hundredth of a foot; bearings or deflection angles, nearest second. Natural and artificial watercourses, streams and shorelines.
3. The name and width of each street within the proposed subdivision and those adjoining; required building setback line.
4. The number or letter, in progressive order, for each lot and block conforming with the County Recorder's procedures.
5. The boundaries of and proposed use for any non-single-family parcel; areas to be dedicated or reserved for public use.
6. The location and description of those monuments found, set or to be set.
7. The names of recorded owners of adjoining unplatted land.
8. Reference to subdivision plats of adjoining platted land by name, volume and page of the County Recorder's maps.
9. Certification by the owner of acceptance of the plat and statement offering the dedication of streets, rights-of-way and any sites for public use or reserved by deed covenants for common use of all property owners.
10. Certification by a registered surveyor or engineer as to preparation and details of the survey and plat. Certification shall be evidenced by an original signature and seal, ink or embossed stamp.
11. Reference to or inclusion on the plat of protective covenants.
12. The title of the subdivision, municipality, county, state, original township section, tract or lot.
13. Approval statement for the Planning and Zoning Commission and City officials and/or County officials as may be required.
B. Drawings and Specifications. Drawings and specifications showing cross-sections, profiles, elevations, construction details and specifications for all required improvements. The drawings and specifications shall be in accordance with the requirements of Chapter 1125.
C. Certification by City Engineer. Certification by the City Engineer stating that the developer has posted financial guarantees in sufficient amount to ensure completion and maintenance of all required improvements, if applicable.
D. Protective Covenants. Protective covenants in final form, to be recorded separately.
E. Statement of Ownership. A statement that the developer owns the property, and that there are no unpaid taxes or special assessments against the tract.
F. Other Data. Other data, certificates or affidavits, as may be required by the Planning and Zoning Commission in the enforcement of these regulations.
(2) Review by City Engineer. The Zoning Administrator shall transmit two prints of each drawing and the specifications to the City Engineer who shall determine whether or not:
A. The final plat conforms to the approved preliminary plats and any special conditions or modification stipulated; he shall also determine the correctness of mathematical data and computations; and
B. The designs and details of the required improvements as shown on the drawings and specifications are in conformity with any master plans for utilities and streets, and the grading and construction standards in effect in the City. One copy of each shall be returned to the Planning and Zoning Commission indicating his determinations.
(3) Review by Law Director. The Law Director shall review the financial guarantees required for the installation and maintenance of the improvements as well as the protective covenants to insure future maintenance of any common facilities.
(4) Staged Development. The developer may apply for final plat approval of only that section of an approved preliminary plat of a subdivision which he proposes to develop and/or record as the first stage. However, the preliminary approval of any section shall become null and void if an application for final plat approval is not submitted within one year after approval of the preliminary plat, unless an extension of time is granted by the Planning and Zoning Commission. In the event the developer needs to install improvements required for development phases beyond the phase for which final plat approval is requested, the Planning and Zoning Commission may conditionally approve the final plat for a particular phase and permit the installation of the required improvements before approval of the final plat for subsequent phases is granted.
(5) Action by the Planning and Zoning Commission. If the City Engineer determines that the final plat, drawings and specifications are satisfactory in regard to the aforesaid provisions and if the subdivision complies with all other applicable provisions of these regulations, the Planning and Zoning Commission shall approve it. Action shall be taken within forty-five days after the meeting at which the application for approval and all required plats, maps and data were submitted to the Planning and Zoning Commission or within a mutually agreed upon extension; otherwise the final plat shall be deemed to have been approved. In the event of disapproval of a final plat by the Planning and Zoning Commission, the reason(s) for disapproval shall be stated in the records of the Planning and Zoning Commission.
(6) Form of Approval. The approval of the final plat shall be indicated by a certification to that effect on the original mylar of the plat with the signature of the Chairman of the Planning and Zoning Commission, the Zoning Administrator and the City Engineer. The Planning and Zoning Commission shall obtain three duplicates thereof at the developer's expense.
(7) The approval of the drawings and specifications for the required improvements shall be indicated by a certification to that effect on the original drawings and specifications with the signature of the City Engineer. Approval of the financial guarantees, if applicable, shall be indicated by certification to that effect on the original drawings and specifications with the signature of the Law Director.
(8) Plat Recordation when Financial Guarantee Provided. Once the final plat has been approved by the Planning and Zoning Commission, the drawings and specifications for improvements are approved by the City Engineer and construction guaranteed, the final plat may be recorded, construction of improvements started, building permits issued and lots sold, leased or transferred. The costs incurred in recording the plat shall be the obligation of the developer. If the final plat is revised in any manner after Planning and Zoning Commission approval, such approval shall be null and void.
(9) Plat Recordation when Financial Guarantee is not Provided. Once the final plat has been approved by the Planning and Zoning Commission, the subdivider may construct the physical improvements, including public streets, shown on the approved drawings and specifications and/or final plat in lieu of providing a financial guarantee. However, the subdivider shall not record the final plat until the City Engineer inspects and approves those physical improvements as well as the “as built” drawings of same. The costs incurred in recording the plat shall be the obligation of the developer. If the final plat is revised in any manner after Planning and Zoning Commission approval, such approval shall be null and void. After the final plat has been recorded, building permits may be issued and lots sold, leased or transferred.
(10) Occupancy Permits. Occupancy permits for a building shall not be issued until streets and utilities are accepted by the City for public use. However, a temporary occupancy certificate may be issued upon condition that the developer assumes all responsibility for maintenance of streets and utilities until officially accepted by the City.
(d) Dedication for Public Use. If the final plat indicates land for public use, the plat shall be submitted to Council for acceptance of the dedication of any public land or public improvement and acceptance of any easement before it is recorded. After construction of the public improvements and the City Engineer's review of the "as built" drawings of same, the City may accept any offer of dedication of any land area, street or utility for public use and maintenance. The acceptance shall be by separate action of Council.
(e) Resubdividing or Vacation. An application for resubdividing, replatting or vacation of a subdivision shall be made by the owner or owners thereof to the Planning and Zoning Commission in the same form as for an original subdivision along with all required maps and other information. The original lots shall be shown by dotted lines and lot numbers and other references made to previously recorded subdivisions. If approved by the Planning and Zoning Commission, those types of replatting and vacation actions as required by the provisions of Ohio R.C. 711.17 to 711.31, inclusive, shall be submitted to the Clerk of the Court of Common Pleas. (Ord. 2006-35. Passed 5-25-06.)
1125.01 Intent.
1125.02 Scheduling of improvements.
1125.03 Review by Engineer.
1125.04 Improvements required.
1125.05 Construction supervision.
1125.06 Performance guarantee.
1125.07 Street and public utility maintenance.
1125.08 Insurance.
1125.09 Failure to complete improvements.
1125.10 Building construction and occupancy.
1125.11 Transfer of land before recording.
1125.01 INTENT.
It is intended that the developer of a subdivision, a multi-family development, or a nonresidential development shall dedicate all land required for rights-of-way, and shall furnish and install all improvements serving the subdivision or development. All improvements shall be extended to the boundary of the subdivision or development in order to provide a complete and coordinated system of streets and utilities in accordance with Master Plans and Water and Sewer Plans of the City. (Ord. 2006-35. Passed 5-25-06.)
1125.02 SCHEDULING OF IMPROVEMENTS.
The improvements which are required in Title Five of this Planning and Zoning Code shall be provided and installed by the developer in accordance with the provisions of these regulations and other codes and ordinances of the City. Agreements to install such improvements shall be approved after Planning and Zoning Commission’s approval of a development plan or the final plat. (Ord. 2006-35. Passed 5-25-06.)
1125.03 REVIEW BY ENGINEER.
(a) The design of the water system, storm and sanitary sewerage systems, and roadways, and the grading of the subdivision or development and each lot shall be in accordance with the standards and requirements of Title Five. Drawings and specifications for the improvements shall be reviewed and approved by the City Engineer and the installation shall be subject to the Engineer’s inspections.
(b) At the completion of construction, and before acceptance of the public improvements, the developer shall furnish the City a set of record or “as-built” reproducible drawings showing the locations, sizes, and elevations of all underground utilities.
(Ord. 2006-35. Passed 5-25-06.)
1125.04 IMPROVEMENTS REQUIRED.
The improvements required are determined according to requirements of the Lake County General Health District for on-site sewage treatment systems; the accessibility of a public sanitary sewer system and a public water supply; the relationship to existing or planned streets; and the type and size of lots required by the Planning and Zoning Code for the district in which the subdivision or development is located.
(a) Improvements Within a Subdivision, Multi-Family Development, or Nonresidential Development.
(1) Land for rights-of-way for all local streets within the subdivision or development and for all secondary or major streets within or along the boundary of the subdivision or development shall be dedicated by the developer and all easements shall be provided. The subdivider and/or applicant shall offer evidence satisfactory to Council that title to the land being offered for dedication for street purposes will be free and clear of all encumbrances.
(2) Utilities shall be furnished and installed as hereinafter required and they shall be of such sizes and capacities as are required for the proposed development or subdivision and as may be necessary to serve adjacent undeveloped land that is an integral part of the service area, provided, however, that the developer may not be required to pay for that part of the construction of the pavement of major streets, sewers or water mains which are determined by the Planning and Zoning Commission to be in excess of the size required for the development or the subdivision and integral service area.
(3) The developer shall be required to extend improvements to the boundary of the proposed development or subdivision to serve adjoining unsubdivided land. However, where the Planning and Zoning Commission determines that a connecting street is necessary for the future subdividing of adjoining land, but the present construction of the pavement and/or utilities therein is not warranted, the Planning and Zoning Commission may require the dedication of land for such connecting street, the construction of the pavement intersections, and the extension of utilities five feet beyond the pavement and that connections be made available for future extension by other developers.
(b) Off-Site Extensions. The construction of off-site improvements to serve a proposed subdivision or development may be required of the developer as a precedence to approval if adequate utilities are not available at the boundary of the proposed subdivision, or development, provided the Planning and Zoning Commission finds that the extension of the improvements across undeveloped or unserved areas would not be warranted as a special assessment to the intervening properties or a municipal expense until some future date.
(c) Determination of Scope of Improvements. In making determinations for the reasonable participation by the developer for the construction of off-site extensions, or a major street, sewers or water main, the Planning and Zoning Commission shall consider, in addition to the standards set forth in this chapter and other regulations of the City, the following conditions:
(1) The relative location and size of the proposed development or subdivision;
(2) A trip generation study and traffic impact study shall be presented to the City for any proposed development that results in the construction of an access to any public roadway in the City. Such a study shall be prepared by an engineer qualified and pre-approved by the City Engineer. The trip generation and traffic impact study shall describe the maximum anticipated traffic volumes by location and direction to be generated and which will impact the public roadway system during a peak design hour in the year of construction plus twenty (20) years. The report shall also provide the means to compensate for any degradation of the level of service for traffic existing on the City’s roadway system to the City Engineer’s satisfaction prior to the granting of a permit for construction. Improvements to the City roadway system shall be constructed as part of the development and its permit, the developer or applicant shall provide inspection fees, a testing deposit and a surety bond representing 100% of the cost of the improvements.
(3) The natural drainage area for sewers and the service area for water;
(4) The development benefits that will accrue to the development or subdivision;
(5) The sequence of land and utility developments in the vicinity;
(6) Any other condition it may find pertinent.
(d) General Schedule of Improvements. The developer shall provide at the developer’s expense, the grading of rights-of-way and lots; and the grading for and installation of storm sewers, sanitary sewers, public water mains, pavements, and curbing; and shall properly identify the streets and furnish traffic control.
(e) Industrial Subdivisions. For industrial subdivisions, the Planning and Zoning Commission may permit the improvements to be installed and paid for on an assessment basis. (Ord. 2006-35. Passed 5-25-06.)
1125.05 CONSTRUCTION SUPERVISION.
Work shall be done under the supervision and/or inspection of the City Engineer. All inspection costs shall be paid for by the subdivider and/or applicant. A minimum fee for supervision and inspection equal to five percent (5%) of the approved construction costs shall be deposited with the City prior to any construction.
(Ord. 2006-35. Passed 5-25-06.)
1125.06 PERFORMANCE GUARANTEE.
(a) Types of Guarantees. The developer may execute financial guarantees and shall file such financial guarantees with the City concurrently with the application for approval of the final plat or development plan. Such guarantees may be in the form of a performance or surety bond, a certified check, or any other type of surety approved by the City.
(b) Amount of Guarantee. All improvements required shall be constructed prior to the granting of the final plat approval by the Planning and Zoning Commission. In lieu thereof, the subdivider or applicant may furnish the City with a surety bond, a cashier’s or certified check, a pledge agreement with a passbook or any other method (collectively referred to hereinafter as “instrument(s)” or “instrument(s) of guarantee”) approved by the Law Director to secure the ultimate installation and required maintenance of the improvements. The amount of the guarantee shall be equal to the estimated construction costs plus an amount equal to fifteen percent (15%) of the estimated construction costs. The construction costs shall be determined and prepared by a registered Professional Engineer and stamped by the Engineer. Such costs shall be submitted and approved by the City Engineer. If the instrument(s) are furnished by a partnership, corporation or other entity, the instrument(s) shall be personally guaranteed by the partners in the case of a partnership, by the shareholders owing at least fifty (50%) of the shares in the case of a corporation, and by the owners, administrators, or other similar responsible persons in the case of any other entity.
The instrument(s) of guarantee shall guarantee to the City that such improvements shall be constructed and completed in accordance with the plans in a satisfactory manner within one (1) year from the date of final plat approval. Such instrument(s) of guarantee shall be valid for a period of three (3) years from the date of final plat approval, shall be approved by the Law Director as to form, and shall be made payable to and enforceable by the City and shall provide that the subdivider and/or applicant, their heirs, successors, assigns, agents, employees or subcontractors shall comply with all applicable terms, conditions, provisions and requirements of this Code. The instrument(s) of guarantee shall require and authorize the financial institution, surety company or other entity that issues the guarantee to provide to the City, prior to distribution, notice of intent to disburse funds represented by the instrument(s) of guarantee and to provide the City, upon request, with a balance of funds represented by the instrument(s) of guarantee.
(c) Terms. The terms of such guarantees shall be determined by the Law Director with confirmation by Council. Bonds shall be executed by the applicant as principal with a surety company authorized to do business in the State of Ohio.
(1) Subject to review and written approval by the City Engineer, the Developer and/or Applicant, and the Engineer representing the Developer and/or Applicant, a portion of the funds deposited for such improvements may be released as such improvements are completed, less a ten percent (10%) retainage. Notice of such release shall be provided, in writing, to the City’s Finance Director. In accordance with such notice, the Finance Director shall compile a balance of funds remaining in the instrument(s) of guarantee.
(2) When any portion of the improvements has, upon inspection by the City Engineer, been found satisfactorily completed, a reduction in the bond(s) or partial withdrawal of funds equal to the estimated costs of such completed improvements may be authorized, provided however, all other requirements of this section have been properly executed.
(3) The retainage may be returned after the acceptance date of the project, but only with the prior written approval of the City Engineer, indicating that the City Engineer is satisfied that all construction required of the Developer and/or applicant has been completed in accordance with the requirements of the City’s Codified Ordinances and in conformance with the approved plans and specifications, along with satisfactory evidence of payment in full of all contractors, subcontractors, suppliers of materials, engineers, surveyors, and all inspection fees, engineering fees, legal fees, or other fees incurred by the City as a result of the installation of the improvements by the Developer and/or Applicant. Otherwise, such retainage shall be retained until such construction has been completed to the satisfaction of the City Engineer.
(d) Staged Development. The developer may apply for final approval and recording of only a portion of the entire subdivision or development. Under such a staged development, the installation of required improvements and sale or lease of lots may proceed only on that portion of the subdivision which has been approved and recorded.
(Ord. 2006-35. Passed 5-25-06.)
1125.07 STREET AND PUBLIC UTILITY MAINTENANCE.
The developer shall guarantee the construction and materials of the street and public utility improvements for a two year period after acceptance by the City. Such acceptance date shall not be before the final surface course of asphalt is installed for a public roadway. In order to secure the guarantee, the developer shall deposit an amount equal to one hundred percent (100%) of the total cost of the construction of the street and public utility improvements as determined by the City Engineer. The deposit shall be in the form of a bond, with the developer as principal and with a surety company authorized to do business in the State of Ohio; a certified check; or a letter of credit. The deposit shall be in a form acceptable to the Law Director. Such amount shall be retained until the City Engineer determines that the improvements and all appurtenances satisfactorily meet all requirements of the City’s Codified Ordinances.
(a) City Maintenance. With the approval of the City Engineer, the City may provide police and fire protection, snow plowing and other maintenance provisions for the dedicated, but unaccepted road.
(Ord. 2006-35. Passed 5-25-06.)
1125.08 INSURANCE.
The developer shall agree to indemnify and save harmless the City against and from any and all loss, cost, damage, liability, and expense on account of damage to property of, or injury to or death of, the parties or a third person caused by or in any way whatsoever attributable to the construction of the improvements and the use of streets delineated on a subdivision plat during construction. The developer shall further agree, but without limiting its liability to indemnify the City, to carry liability insurance contracts in an amount determined by Council for injury to or death of persons, and for damage to or destruction of property, which insurance contracts shall include the City as a named insured. The developer shall further agree to maintain on file with the City during the period of such construction, certificates or memoranda of insurance evidencing that such insurance contracts are in force.
(Ord. 2006-35. Passed 5-25-06.)
1125.09 FAILURE TO COMPLETE IMPROVEMENTS.
In the event the developer fails to diligently pursue the work or complete the installation of all land improvements according to the terms and conditions of the agreement, the City, after giving notice which it deems reasonable under the particular circumstances, may complete the same and appropriate such portion of money or bonds posted for the faithful performance of such work.
(Ord. 2006-35. Passed 5-25-06.)
1125.10 BUILDING CONSTRUCTION AND OCCUPANCY.
(a) The utilities and other improvements required and deemed necessary in the public interest to provide essential services and access to a lot shall have been installed or their installation guaranteed, in conformity with the provisions of these regulations, before the issuance of a building permit for construction upon a lot and before the recording, sale or lease of a lot.
(b) A building permit may be issued and construction started after the completion of the underground utilities. If a temporary pavement is constructed, a temporary certificate of occupancy including a statement that the City is not liable for maintenance of such improvements, may be issued, provided the developer furnishes a cash bond in an amount required by the City guaranteeing that all streets shall be maintained in a passable and reasonable condition until such time as the final pavement is completed and accepted for use and maintenance as set forth in Section 1129.07.
(Ord. 2006-35. Passed 5-25-06.)
1125.11 TRANSFER OF LAND BEFORE RECORDING.
(a) No person, firm or corporation being the owner or agent of the owner of any land located within the City, shall transfer any lot, parcel or tract of such land or any plat of a subdivision before such plat has been recorded.
(b) The description of such lot, parcel or tract by metes and bounds in the deed of transfer shall not serve to exempt the seller from the penalty provided in Section 1107.99. The City may enjoin such sale or agreement by a civil action in any court of competent jurisdiction.
(c) The sale of lots, parcels or tracts from a plat of a subdivision on which any and all areas indicated as streets or as open ground are expressly indicated as for the exclusive use of the abutting or other owners in such subdivision and not as public streets, ways or grounds, shall not serve to exempt the seller from the requirements of these regulations or from the penalty provided in Section 1107.99.
(Ord. 2006-35. Passed 5-25-06.)
1127.01 INTENT.
Developments and subdivisions shall be planned, designed and constructed to take advantage of the natural features of the site in order to utilize the natural surface drainage, to economize in the construction of sewers, to reduce the amount of grading and to minimize destruction of trees and topsoil. The natural features and other distinctive characteristics of the site shall be integrated into the plan or plat, as required by this section and to the extent practicable, to create functional variations in the neighborhood and more attractive building sites.
(Ord. 2006-35. Passed 5-25-06.)
1127.02 GENERAL GUIDELINES FOR GRADING.
Grading of a site shall be limited to the smallest area possible in order to minimize disruption of the natural contours.
(a) Grades of streets shall conform as closely as possible to the original topography.
(b) Lots shall be designed so that there is adequate buildable area on each lot.
(c) Disturbance on individual lots should be limited to the smallest area necessary.
(d) Building envelopes should be limited to the flatter portion of sites.
(Ord. 2006-35. Passed 5-25-06.)
1127.03 GRADING PLAN REQUIRED.
The developer shall prepare a plan and grade each subdivision or development in order to establish street grades, lot grades and floor elevations of buildings in proper relation to each other and to existing topography, as follows:
(a) Grading Plan. A grading plan shall be prepared for the street areas along with the street improvement details in accordance with standards set forth in this chapter. Before buildings may be constructed, a detailed land development plan shall be prepared showing the buildings and paved areas on each lot and the grading of each lot.
(b) Lot Grading. The floor elevation of each building shall be established in proper relation to the surrounding grade, the driveway and the street.
(1) The lot shall be graded so that water drains away from each building at a minimum grade of two percent (2%).
(2) Surface drainage swales shall have a minimum grade of five-tenths percent (0.5%) and be designed so that surface water will drain into a storm sewer, drain inlet or natural drainage way.
(3) The minimum grades of driveways shall be five-tenths percent (0.5%) and a maximum of ten percent (10%). Grading shall be adjusted so there will be no abrupt grades in the front yards and along side lot lines.
(4) The grades of earth terraces shall not exceed three to one.
(5) If a masonry retaining wall exceeds four (4) feet in height, a hedge, fence or railing shall be provided.
(Ord. 2006-35. Passed 5-25-06.)
1127.04 DRAINAGE FACILITIES.
A drainage system shall be designed and constructed by the developer as required for the district in which the proposed subdivision or development is located for the proper drainage of the surface water of the subdivision or development and each lot as follows:
(a) A subdivision shall be designed, particularly on land of very gentle slopes, to take every advantage of natural grades so that all the land can be satisfactorily drained without excessive grading. Unless watercourses or drainage ways are enclosed, the design shall be adjusted so that rear lot lines are approximately parallel to the natural or straightened course, and only where such a design is not possible may side lot lines be arranged parallel to an open drainage course. Easements for drainage ways and low-lying areas which are subject to flooding may be included as part of a lot but shall not be used as a building site or included in calculating the required lot area or width.
(b) An enclosed storm sewer system shall be provided where a tile inlet or an outlet with a capacity to receive the discharge is available within 1,000 feet of the subdivision or development and a connection made thereto, or where it is determined by the Planning and Zoning Commission that storm sewers or retention basins shall be provided and connected to a drainage ditch or other waterway without causing degradation of any sort to the receiving water body. The system shall have a capacity to serve the subdivision and drainage area of which it is a part. The system shall include pipes, culverts, manholes, catch basins, and drain inlets, if required, and a connection for each lot.
(c) An open drainage system shall only be permitted in a development or subdivision upon approval of the Planning and Zoning Commission. In making a determination to permit an open drainage system, the Planning and Zoning Commission shall evaluate the value of the open space with respect to the existing natural features, the level of maintenance required, and the entity to be responsible for maintenance. An enclosed storm sewer system within the subject development may be connected to an adjacent natural open waterways or adjacent and connecting drainage ditches provided that such drainage ditches are within a public right-of-way or within easements granted for such purpose.
Natural watercourses such as streams or brooks in their natural state, the Chagrin River, and the Euclid Creek Tributary may serve as a storm water outlet within a subdivision or development, if, in the opinion of the City Engineer, such natural watercourse is of sufficient size to accept such storm water outlet without creating detrimental suspended sediment loads, stream bank erosion or additional runoff pollution or downstream flooding. Any existing ditch or watercourse which has been created by artificial means or is otherwise man-made shall not be used as such an outlet within the subdivision or development. If, at any time, a natural watercourse within a subdivision or development is used as an outlet the developer shall be required to grant proper easements to the City to the satisfaction of the Law Director, permitting the City access to such watercourse. Any such watercourse shall be cleaned of all debris prior to acceptance by the City.
(d) The drainage system shall be designed in accordance with the standards set forth in the Construction Specifications of the City.
(Ord. 2006-35. Passed 5-25-06.)
1127.05 SANITARY FACILITIES.
Sanitary facilities shall be designed and constructed by the developer as required for the district in which the proposed development or subdivision is located for the proper disposal of wastes for each lot, as follows:
(a) Public System. Where the proposed subdivision or development is located in a district requiring sanitary sewers and such a sewer outlet is accessible within 1,000 feet, a public sanitary sewer system shall be provided and connected thereto and a building connection shall be provided for each lot in a subdivision.
(b) On-site Sewage Treatment System. Where public sanitary sewers are not available, sewage treatment systems acceptable to the Lake County General Health District are acceptable.
(c) Independent System. Where a subdivision or development of fifty or more units is not within 1,000 feet of a sanitary sewer, the Planning and Zoning Commission may permit an independent system.
(1) An independent system shall include a primary and secondary treatment plant and a building connection for each lot. Such system shall be designed and the plant located so that it can be integrated into the sewer plans of the City and the temporary treatment plant abandoned when public trunk sewers are installed.
(2) Where a number of small subdivisions or developments are proposed for adjacent tracts or in close proximity, and where the combined developments will aggregate at least fifty units or at least fifty acres, the City may construct an independent sanitary system and assess the costs to the benefiting owners.
(3) An independent treatment plant shall be located on a site of sufficient area to serve the entire tributary area and be located at least 300 feet, or as may be further required, from any dwelling.
(d) Design Standards. The sanitary system shall be designed and constructed in accordance with the Construction Specifications of the City or the current design guidelines and regulations of the Lake County General Health District.
(Ord. 2006-35. Passed 5-25-06.)
1127.06 WATER SUPPLY.
A water system shall be designed and constructed by the developer as required for the district in which the development or subdivision is located and a supply provided for each lot, as follows:
(a) Public Supply. Where a development or subdivision is located in a district requiring a public water supply and a public main is accessible within 1,000 feet of the development or subdivision, a public water system shall be provided for fire protection and domestic use to serve each lot.
(b) Private Well. Where a development or subdivision is located in a district permitting private wells, and a public main is not available within 1,000 feet, a well shall be provided for each lot.
(c) Design Standards. A water system shall be designed and constructed in accordance with the Construction Specifications of the City.
(Ord. 2006-35. Passed 5-25-06.)
1127.07 OTHER UTILITIES.
The developer shall submit plans for electric, cable TV and telephone service lines and gas mains for approval by the Planning and Zoning Commission and arrange to have the underground utilities installed before any public or private roadway is constructed. The gas meters and manifolds shall be located in the side or front yard but not more than five feet in front of the setback line. Utility easements of twelve (12) feet in width for communication, electrical; service, gas and street lighting distribution lines and facilities shall be provided on all front lot lines and along certain side or rear lot lines where necessary. Easements may also be required along or across lots where necessary to accommodate special conditions as warranted by the design and/or the City Engineer. (Ord. 2006-35. Passed 5-25-06.)
1127.08 OWNERSHIP AND EASEMENT RIGHTS.
In any case in which a developer installs or causes the installation of water, sewer, electrical power, telephone, or cable television facilities and intends that such facilities shall be owned, operated, or maintained by a public utility or any entity other than the developer, the developer shall transfer to such utility or entity the necessary ownership or easement rights to enable the utility or entity to operate and maintain such facilities.
(a) Utility Easements. Where utilities are not located in the street, easements of at least fifteen (15) feet total width shall be located on the center of rear lot lines and on side lot lines where necessary.
(b) Drainage Easements. Where a subdivision or development is traversed by a drainage way, channel or stream, a storm water easement or drainage right-of-way conforming substantially with the lines of such watercourse shall be provided. The easement shall be twenty (20) feet wide (exclusive of required lot area) or of such further width as is adequate for the purpose. Parallel rear lot lines may be required along such way. (Ord. 2006-35. Passed 5-25-06.)
1127.09 STORM WATER MANAGEMENT.
To the maximum degree possible, the following objectives shall be met for new construction, building expansion or site modification:
(a) Storm water draining from the site shall not exceed that occurring under natural land cover conditions unless the system is designed to accommodate the flow.
(b) Existing natural drainage courses, wetlands, and water bodies should be preserved whenever feasible.
(c) Storm water detention basins and other open space and natural vegetative areas may be required as part of the stormwater management system.
(d) Water absorptive paving and water detention design may be required in areas where practical.
(e) Compliance with the Storm Water Management Chapter of the City’s Codified Ordinances. (Ord. 2006-35. Passed 5-25-06.)
1127.10 EROSION AND SEDIMENTATION CONTROL.
Effective erosion and sediment controls shall be planned and applied according to all applicable State and Federal regulations, the City’s codified ordinance, and according to the following principles for new construction, building expansion or site modification:
(a) The smallest practical area of land should be exposed at any one time during development.
(b) When land is exposed during development, the exposure should be kept to the shortest practical period of time.
(c) Temporary vegetation, such as rye grass seeding, and/or mulching shall be used to protect high erosion potential or other critical areas exposed during development.
(d) Sediment basins (debris basins, desilting basins, or silt traps) shall be installed and maintained to remove sediment from run-off waters from land undergoing development.
(e) Provisions shall be made to effectively accommodate the increased run-off caused by changed soil and surface conditions during and after development.
(f) The permanent final vegetation cover and storm water management structures shall be installed as soon as practical in the development.
(g) The subdivision or development plan shall be fitted to the topography and soils so as to create the least erosion potential.
(h) Wherever feasible, natural vegetation should be retained and protected.
(i) Compliance with the Erosion and Sediment Control Chapter of the City’s Codified Ordinances. (Ord. 2006-35. Passed 5-25-06.)
1127.11 TOPSOIL.
The City Engineer may require that topsoil shall be stripped from the roadway and construction areas, piled separately and not removed from the site or used as spoil.
(Ord. 2006-35. Passed 5-25-06.)
1127.12 PRESERVATION OF NATURAL FEATURES.
Natural features, brooks, lakes, hilltops and other focal points within a subdivision or development, and distant views outside the subdivision or development shall be integrated in the design to obtain natural variations and interest in each neighborhood, Trees, topsoil and other natural resources or existing features that would add value to the development or to the City as a whole shall be preserved and utilized in the development or subdivision to the extent practicable. The Planning and Zoning Commission may require that as many natural features as can be reasonably utilized in the final development plan be retained and that the grading be adjusted to the existing grade at the trees.
(a) All trees to be retained shall be protected during construction according to the following:
(1) Tree Protection Zone. The development plan or subdivision plat shall show the number and location of existing trees as required by these regulations and shall further indicate all those marked for retention. All trees to be retained shall be included in the tree protection zone and such zone shall be designated on the development plan or subdivision plat.
A. The trees protection zone shall at a minimum encompass the critical root zones of all existing trees.
B. The critical root zone is a circular area surrounding a tree, of which the center is the center of the tree trunk and the radius is the distance from the outside of the trunk to a point twelve times the tree’s diameter at breast height (DBH), which points constitute the circumference of the critical root zone.
C. The critical root zone shall extend to a depth of five feet below surface ground level.
(2) Placement of Tree Protective Barriers. On the site, trees within the tree protection zone shall be protected according to the following:
A. Prior to construction, tree protective barriers shall be placed around all trees to be preserved and any other vegetation that is located near construction activity and which is to be saved. These barriers shall be located so as to totally encompass the perimeter of the tree protection zone.
B. Protective barriers shall remain in place until construction is complete, landscaping is installed, and an occupancy permit has been issued.
C. No land disturbance, including grading or filling, shall occur within the tree protection zone except as may be approved by the Building and Zoning Inspector and the Engineer when an aeration system is installed. Commercially available aeration systems are subject to approval by the Building and Zoning Inspector.
D. Areas within the tree protection zone shall be free of all building materials, dirt, chemicals (including gas, oil, and contaminated water), construction debris, vehicles, and development activities.
(b) Land that the Planning and Zoning 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 or development and/or its surrounding areas, shall not be subdivided or developed unless adequate methods are formulated by the developer and approved by the Planning and Zoning 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.
(Ord. 2006-35. Passed 5-25-06.)
1127.13 REMOVAL OF DEBRIS AND WASTE.
No cut trees, timber, debris, earth, rocks, stones, soil, junk, rubbish, excess excavated material 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 temporary certificate of occupancy, and removal of those items and materials shall be required prior to issuance of any temporary certificate of occupancy on a subdivision or development. No items and materials as described shall be left or deposited in any area of the subdivision or development at the time of expiration of any development agreement or dedication of public improvements, whichever is sooner.
(Ord. 2006-35. Passed 5-25-06.)
1129.01 INTENT.
The planning principles and construction standards for subdivisions set forth in this chapter are fundamental principles and standards to be applied with professional skill in the planning for the division of land as to produce functional, attractive, distinctive, convenient and economical subdivisions.
(Ord. 2006-35. Passed 5-25-06.)
1129.02 STREET CLASSIFICATION.
In order to promote public safety and convenience, streets shall be planned to serve particular functions as follows:
(a) Major Streets. Major streets shall be primarily for the efficient circulation of traffic into, out or around the City and to carry high volumes of traffic between centers of traffic generation;
(b) Secondary Streets. Secondary streets shall be for collecting traffic from or distributing it to local streets, connecting with major streets and providing access to abutting properties;
(c) Local Streets. Local streets shall be for providing access to abutting properties and circulation of slowly moving traffic and pedestrians within a neighborhood.
(d) Cul-de-sacs. A street that terminates in a vehicular turnaround.
(Ord. 2006-35. Passed 5-25-06.)
1129.03 OORDINATION WITH SURROUNDING STREETS.
The street system of a subdivision shall be coordinated with existing, proposed and anticipated streets outside the subdivision or outside the portion of a single tract that is being divided into lots (hereinafter, “surrounding streets”) as provided in this section.
(a) Major Streets. Unless shown otherwise on the City’s Thoroughfare Plan, major streets shall be planned for continuation of existing streets in the system at the same width or greater width in accordance with the standards set forth in Section 1129.08
.
(b) Secondary Streets. Secondary streets shall intersect with surrounding secondary or major streets at safe and convenient locations.
(c) Local Streets. Local streets shall provide access to each lot and shall be planned for convenient circulation for the principal directions of travel, to bus routes, to schools and playgrounds and between adjoining neighborhoods. Connections shall not be permitted where the effect would be to encourage the use of such streets by substantial through traffic.
(Ord. 2006-35. Passed 5-25-06.)
1129.04 RELATIONSHIP OF STREETS TO TOPOGRAPHY.
Streets shall be related appropriately to the topography:
(a) A subdivision shall be planned so that as many lots as possible will be above the street grade. On irregular topography, streets shall be designed to avoid extensive cuts and fills and to comply with grading standards hereinafter established for private driveways and yards as well as for the streets. Streets approximately parallel to contour lines shall be adjusted so that the lots on one side of the street will not be excessively below the street grade.
(b) Grades of streets shall not exceed ten percent (10%) for local streets, eight percent (8%) for secondary streets and five percent (5%) for major streets. However, in no case may streets be constructed with grades that, in the professional opinion of the City Engineer, create a substantial danger to the public safety. Street grades shall be not less than five-tenths percent (0.5%) in order to provide adequate surface drainage, provided, however, that the Planning and Zoning Commission may permit a minimum of twenty-five hundredths percent (0.25%) where necessary because of topographic or other conditions.
(c) Street grades shall conform as closely as practicable to the original topography. All changes in grade shall be connected by vertical curves of sufficient length to provide a smooth transition and clear visibility for vehicular operations. A rate of change of grade of three or four percent (3% or 4%) per 100 feet is the maximum recommended to give at least 100 feet of sight distance. Streets shall level off to a grade not exceeding three percent (3%) for a distance of not less than 100 feet from each side of an intersection. (Ord. 2006-35. Passed 5-25-06.)
1129.05 GENERAL LAYOUT OF STREETS.
Street layout shall conform to the following principles and guidelines:
(a) Major Streets. Where a subdivision of one-family dwellings abuts a major street, the Planning and Zoning Commission may require the developer to prepare sketches and estimates of a plan based on marginal access streets of such other treatment as the fronting of lots on perpendicular local streets in order to protect the residential property from the movement of heavy traffic and to eliminate driveways entering onto a major street.
(b) Secondary Streets. The layout shall be related to the topography and natural features. Driveway access shall be minimized to facilitate the free flow of traffic and avoid traffic hazards.
(c) Local Streets. The layout shall be related to the topography and natural features. The street pattern shall be indirect to prevent through traffic and yet continuous; it shall be formed of straight, moderately winding, curved, loop, angular or ell streets. Tee-intersections shall predominate ; cross-intersection, gridiron and other rigid geometrical patterns shall be avoided.
(d) Cul-de-sac Streets. Cul-de-sac streets shall be permitted only where parcels are isolated by surrounding allotments, where continuous streets would require excessive grading because of very irregular topography or where other types of streets would not provide sufficient discouragement of through traffic. Where approved, cul-de-sacs shall comply with the following:
(1) The length of cul-de-sacs shall be permitted up to 2,000 feet provided there is a public water supply with the capacity to deliver 750 gallons per minute at a residual pressure of 20 psi. The Planning and Zoning Commission may approve a cul-de-sac street in excess of 2,000 feet if the land cannot otherwise be subdivided as determined by the Planning and Zoning Commission; and further provided that the public water supply will have the capacity to deliver 750 gallons per minute at a residual pressure of 20 psi.
(2) A permanent turnaround shall be provided having an outside roadway diameter of at least ninety feet and a street property line diameter of at least 120 feet to permit fire, emergency and service vehicles access to the abutting properties.
(3) If the cul-de-sac is not open in the direction of schools or playgrounds, a pedestrian-way shall be provided.
(e) Temporary Dead-End Streets. Where a subdivision adjoins unsubdivided land, a temporary turn-around shall be provided for each street more than 200 feet in length if lots front thereon, and provisions shall be made for future extension of the street and utilities and reversion of the excess right-of-way to the abutting properties and the same shall be so noted on the final plat.
(f) Streets of Nonconforming Width. Dedicated streets of less than the required width shall not be permitted except in a Conservation Development where the Planning and Zoning Commission finds that such a street will be adequate to serve a small development, or finds it reasonable not to require the dedication of the full width until all abutting property is subdivided.
(g) Reserve Strips Adjoining Streets. Reserve strips adjoining street or other provisions to control access or extensions to pavement and/or utilities to another property shall not be permitted except where the control and disposal of land comprising such strips have been assigned to the City under conditions approved by the Planning and Zoning Commission.
(h) Streets for Multi-Family Developments. Dedicated streets for multi-family developments shall be planned to connect with major or secondary streets so as not to generate large volumes of traffic on local residential streets. Vehicular and pedestrian access shall be adequate and convenient to each dwelling unit, planned so that a street, access drive, parking area or delivery area will be located no more than 100 feet from every main or service entrance of a building.
(i) Streets for Business and Industrial Developments. Dedicated streets for business and industrial developments shall be planned to connect with major streets so as not to generate traffic on local residential streets. The Planning and Zoning Commission may require the dedication and improvement of service roads along major streets.
(j) Curvature of Streets. Angles in the alignment of street lines shall be connected by a curve with a radius on the center line of not less than 200 feet for local streets, 300 feet for secondary streets and 500 feet for major streets. Between reverse curves there shall be a tangent at least 100 feet long on major and secondary streets and fifty feet long on local streets.
(Ord. 2006-35. Passed 5-25-06.)
1129.06 STREET INTERSECTIONS.
Streets shall be designed to intersect as nearly as possible at 90 degrees and no two streets shall intersect at less than 60 degrees. Not more than two streets shall intersect at any one point, unless the City Engineer certifies to the Planning and Zoning Commission that such an intersection can be constructed with no extraordinary danger to public safety.
(a) Whenever possible, proposed intersections along one side of a street shall coincide with existing or proposed intersections on the opposite side of such street. In any event, where a centerline offset (jog) occurs at an intersection, the distance between centerlines of the intersecting streets shall be not less than 125 feet.
(b) Property lines and the edge of pavement at street intersections shall be rounded with a radius of not less than thirty feet for all streets.
(Ord. 2006-35. Passed 5-25-06.)
1129.07 LOT DESIGN.
Lots shall be designed following these principles:
(a) Building Sites. Each lot shall be designed to form a good site for the type of building to be developed and the lot lines shall not be considered as merely forming a geometric shape which encloses the minimum area permitted. The lots shall be more or less rectangular in form. Triangular, elongated or other shapes that restrict its use as a building site shall be avoided.
(b) Access. Every lot shall have access to it that is sufficient to afford a reasonable means of ingress and egress for emergency vehicles as well as for all those likely to need or desire access to the property in its intended use.
(c) Area and Width. The area and width of each lot in a subdivision shall be not less than required by the Planning and Zoning Code and shall be appropriate for the neighborhood and type of development proposed. The lot size shall be calculated as the total horizontal area contained within the lot lines exclusive of any portion of the right-of-way of any public street. The width of a lot shall be not less than that required at the front yard building line. On curved streets the arc of the front lot line or a rear lot line shall be not less than sixty percent (60%) of the required width at the building line.
(d) Lots on Major Streets. Lots abutting major streets in a one-family subdivision shall exceed the minimum depth set forth in Chapter 1133, in order to increase safety and privacy thereon. However, the depth shall not exceed five times the width, provided that for lots of five acres or less the average depth shall not exceed 500 feet. Lots of such roadside subdivisions shall be planned to achieve uniform rear lot lines. The City may prepare a local street plan of partially subdivided areas and reserve openings at intervals along the motor roads for future local streets to serve the interior areas.
(e) Corner Lots. Corner lots in a one-family subdivision shall have extra width to obtain the required side yards and building setback from, and appropriate orientation to both streets and as may be required by the Zoning Code. Lots abutting a pedestrian way shall have extra width.
(f) Side Lot Lines. Side lot lines shall be designed to be at right angles to straight street lines or radial to curved street lines. Where a street terminates on another to form a “T” intersection, the side lot lines shall be planned so that a dwelling site will not be directly on the projected line of the street which intersects.
(g) Entrances to Streets. All driveway entrances and other openings onto streets within the City shall be constructed so that:
(1) Vehicles can exit from the lot in question without having to back up on to a major thoroughfare. For the purposes of this section, the following streets are considered major thoroughfares: SOM Center Road (S.R. 91); Bishop Road (S.R. 84); Chardon Road (U.S. 6); and River Road (S.R. 174).
(2) Interference with the free and convenient flow of traffic in abutting or surrounding streets is minimized.
(Ord. 2006-35. Passed 5-25-06.)
1129.08 STREET REQUIREMENTS.
Street rights-of-way are designed and developed to serve several functions, including carrying motor vehicle traffic, and in some cases, allowing on-street parking; to provide a safe and convenient passageway for pedestrian traffic; and to serve as an important link in the City’s drainage system. In order to fulfill these objectives, all public streets shall be constructed to meet the following standards:
(a) Right-of-Way and Pavement Width.
(1) Single-Family Subdivisions. All streets in a single-family subdivision shall conform to the requirements of this section.
Street Type | Right-of-Way | Pavement |
Secondary Street | 60 | 26 |
Local Street | 60 | 25 |
(2) All other Subdivisions: Street right-of-way width for multi-family, business and industrial development shall be determined for each development.
A. Each local street shall be of sufficient width to safely accommodate the maximum traffic, parking and loading needs and access for fire protection equipment.
B. Secondary street right-of-way widths shall be in accordance with County or City plans and standards and may vary from sixty to eighty feet.
C. Streets shall maintain the following pavement widths by type of street.
1. Secondary streets shall have a pavement width of thirty-two to thirty-six feet as determined by the Planning and Zoning Commission.
2. Local streets shall have a pavement width of twenty-six to thirty-six feet, as determined by the Planning and Zoning Commission.
(3) Major Streets. Major street right-of-way widths shall be in accordance with State highway Department, County or City plans and standards and may vary from eighty to 120 feet
(4) The width of the pavement shall be measured between the outside edges of rolled curbs.
(5) The pavement requirements enumerated above may be modified if found necessary by the City Engineer and if approved by the Planning and Zoning Commission, because of extraordinary traffic or unusual soil conditions in specific locations.
(b) Pavement. After the underground utilities and service connections are installed and rough grading completed according to the requirements of the Planning and Zoning Code, pavement of the roadway subgrade shall be constructed The material and the construction of pavement, curbs and gutters shall be in accordance with the Construction Standards of the City.
(c) Driveways. Driveways shall be located in accordance with the development plan and may be grouped in pairs or spaced separately. Generally they shall be located along the lowest side of the lot. Curb cuts for straight curbs and the flare for rolled curbs of driveways shall be at least three feet wider than the pavement on each side. The grade of the apron shall not exceed five percent (5%) for a distance of ten feet from the right-of-way line and the maximum grade of the driveway shall not exceed twelve percent (12%).
(Ord. 2006-35. Passed 5-25-06.)
1129.09 CONSTRUCTION STANDARDS AND SPECIFICATIONS.
Construction and design standard and specifications for streets, and curbs and gutters are contained in the Construction Specifications of the City, and all such facilities shall be completed in accordance with these standards.
(Ord. 2006-35. Passed 5-25-06.)
1129.10 PUBLIC STREETS AND PRIVATE ROADS IN SUBDIVISIONS.
Except as otherwise provided in this section, all lots created after the effective date of this section shall abut a public street at least to the extent necessary to comply with the access requirement set forth in Section 1129.07(b). For purposes of this subsection, the term “public street” includes a pre-existing public street as well as a street created by the subdivider that meets the public street standards of this chapter and is dedicated for public use. Unless the recorded plat of a subdivision clearly shows a street to be private, the recording of such a plat shall constitute an offer of dedication of such street.
(a) Within the Conservation Development, the Planning and Zoning Commission may permit residential subdivisions to be developed with private roads that do not meet the public street and sidewalk standards of this chapter so long as:
(1) The proposed development will have direct access onto a public street or, if the tract has access to a public street only via a private road, such private road is improved to public standards.
(2) No road intended to be private is planned to be extended to serve property outside that development; and
(3) The subdivider demonstrates to the reasonable satisfaction of Council, and approved by the Law Director, that the private roads will be properly maintained.
(b) No final plat that shows lots served by private roads may be recorded unless the final plat contains the following notations:
(1) “Further subdivision of any lot shown on this plat as served by a private road may be prohibited by the Willoughby Hills Planning and Zoning Code.”
(2) “The policy of the City of Willoughby Hills is that, if the City improves streets:
A. That were never constructed to the standards required in the Planning and Zoning Code for dedicated streets, and
B. On which seventy-five percent (75%) of the dwelling units were constructed after the effective date of this chapter, then 100 percent of the costs of such improvements shall be assessed to abutting landowners.”
(c) The recorded plat of any subdivision that includes a private road shall clearly state that such road is a private road. Further, the initial purchaser of a newly created lot served by a private road shall be furnished by the seller with a disclosure statement outlining the maintenance responsibilities for the road.
(Ord. 2006-35. Passed 5-25-06.)
1129.11 ACCESS FOR THE HANDICAPPED.
Whenever curb and gutter construction is used on public streets, wheelchair ramps for the handicapped shall be provided at intersections and other major points of pedestrian flow. Wheelchair ramps and depressed curbs shall be constructed in accordance with the provisions of the Americans with Disabilities Act (ADA) of 1990.
(Ord. 2006-35. Passed 5-25-06.)
1129.12 STREET NAMES.
Street names shall be selected which will not duplicate or be confused with the names of existing streets in Lake County irrespective of modifying terms such as street, avenue, boulevard, etc. Streets that are or will eventually be continuations of existing or platted streets shall be named the same. Street names shall be subject to the approval of the Planning and Zoning Commission and wherever possible shall be in accordance with the following system:
General Direction | Long Continuous Short | Disconnected |
North-South | Streets | Courts |
East-West | Avenues | Places |
Diagonal | Roads | Ways |
Curving | Drives | Lanes or Circles |
(a) Street name signs shall be furnished and installed by the developer. The design of the signs shall be in accordance with published standards as prescribed by the City. Signs shall be placed on diagonally opposite corners, on the far right-hand of the intersection for traffic on the more important street, and as close to the corner as possible.
(b) Street signs shall be erected at the intersection of all public and private streets. The sign shall set forth the name and; if private, that the road or street is “private.”. Signs shall be legible from the roadway and reasonably sturdy and weather proof.
(Ord. 2006-35. Passed 5-25-06.)
1129.13 UTILITIES.
Utilities installed in public rights-of-way or along private roads shall conform to the requirements set forth in Chapter 1127. (Ord. 2006-35. Passed 5-25-06.)
1129.14 MONUMENTS.
A monument shall be accurately placed at each corner, at changes in direction of the boundary at each street intersection, at points of curves of streets, at intermediate points and corners of lots and at other locations as may be required by the City Engineer. The monuments shall be either concrete six inches by six inches by thirty inches long with an iron pin in the center, or metal monuments, as approved by the City Engineer. The top of the monument shall be set at the finished grade upon the completion of the grading of the streets and the lots.
(Ord. 2006-35. Passed 5-25-06.)
1129.15 STREET TREES.
The selection and spacing of trees shall be in accordance with a street tree plan for the City, if applicable. Trees which have undesirable characteristics, such as excessively thick foliage, low branches, unpleasant odors, susceptibility to disease or attack by insects or large root systems, such as poplar, willow, cottonwood, American elm, nut and fruit trees, ailanthus, mountain ash and Oregon maple, shall be prohibited in the tree lawn and within twenty-five feet of a public sewer. Poplar, willow and cottonwood trees, if planted on private property in the City, shall be located not less than 100 feet from any public sewer.
(Ord. 2006-35. Passed 5-25-06.)
1129.16 MODIFICATIONS APPROVED BY PLANNING AND ZONING COMMISSION.
The Planning and Zoning Commission may approve modifications in the standards set forth in this chapter that are related to the design of a subdivision but not including standards and regulations set forth in the district regulations or in the construction specifications of the City. In reviewing any request for a modification, the Planning and Zoning Commission shall consider the factors for variances set forth in Section 1117.09(b).
(Ord. 2006-35. Passed 5-25-06.)