(a) Standards and Specifications. Standards and specifications for the construction of monuments, curbs, gutters, sidewalks, streetlights, water mains, storm sewers, sanitary sewers and other utility mains, piping and other facilities may be required completed by the Village Engineer.
(b) Guarantee of Installation of Improvements. Required improvements herein shall be constructed prior to the granting of the final plat approval by the Planning and Zoning Commission or the subdivider shall furnish the Commission with a surety or certified check for the amount of the estimated construction cost for the ultimate installation and initial maintenance of all the improvements herein.
(c) Improvements. The improvements required shall be designed by an Ohio registered professional engineer and constructed by the subdivider in accordance with the standards outlined in these Regulations. The work shall be done under the Village Administrator's and Engineer's supervision and inspection and shall be completed within the time fixed or agreed upon by the Village Engineer and Administrator. The minimum requirements for materials shall be in accordance with the standards of the current volume of "Construction and Material Specifications" of the State Department of Transportation and the requirements of the State EPA. All inspection costs shall be paid for by the subdivider.
(d) Performance Guarantee in Lieu of Installation.
(1) Type of guarantees. The developer may execute and file with the Village, financial guarantees in lieu of actual installation or completion of the required improvements concurrently with the application for approval of the final plat. 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 Village.
(2) Terms. The terms of such guarantees shall be determined by Council; however, they shall not be for a longer period than two years unless Council, by resolution, extends the time. Bonds shall be executed by the applicant as principal with a surety company authorized in the State.
(3) Amount of guarantee. The financial guarantees shall be in an amount equal to the estimated total cost of materials and labor required to install or construct the improvements, plus fifteen percent (15%) for engineering and legal fees and contingencies. Such costs shall be determined by the Village Engineer. When any portion of an improvement has, upon inspection, been found satisfactorily completed, a reduction in the bonds or partial withdrawal of funds equal to the estimated costs of such completed improvements may be authorized by the Village Engineer and Administrator.
(4) Progressive installation. The developer may apply for final approval and recording of only a portion of the entire subdivision. Under such a progressive unit development procedure, the installation of required improvements and sale or lease of lots may proceed only on that portion of the subdivision which has been approved and recorded.
(e) Street Maintenance Deposit or Bond.
(1) The developer shall guarantee the construction and materials of the street pavement for a two-year period after acceptance by the Municipality and all other improvements for a twelve-month period after acceptance by the Municipality. In order to secure the guarantee, he shall deposit with the Municipality an amount equal to ten percent (10%) of the total cost of the construction of street improvements in a maintenance fund or furnish a maintenance bond equal to ten percent (10%) of the total cost of the construction of street improvements.
(2) Insurance. The subdivider shall furnish such insurance as is deemed necessary by the Law Director or which has a minimum equal coverage to the insurance the Municipality carries, which shall indemnify and save harmless the Municipality from any and all liability arising by reason of the unimproved conditions of the streets of such subdivision which may arise or grow out of the construction or installment of such facilities when undertaken. The insurance shall be of such duration, amount and form as determined by the Law Director but shall in no case be allowed to expire earlier than the effective period of any maintenance bond. A copy of the insurance policy shall remain at all times with the Clerk of the Municipality.
(3) Permits. The Administrator shall not issue building permits for any structure on a lot in a subdivision for which a plat has not been approved and recorded in the manner prescribed herein.
(f) Failure to Complete Improvements. In the event the developer fails to complete the installation of required improvements according to the terms and conditions of the agreement, the Municipality, upon proper notice, may complete the same and appropriate such necessary portion of the money or bonds posted for the faithful performance of such work. Further, the Village can pursue any and all other legal remedies available, either criminal or civic, for enforcement of the provisions of these Regulations, and to obtain the full cost, administrative and legal, for completing such improvements, or causing them to be completed.
(g) Monuments, Markers and Pins. Permanent concrete monuments shall be accurately set and established at the intersection of all outside boundary lines of the subdivision; at the intersections of those boundary lines with all street lines; at the beginning and end of all curves; at points on the curves where the radius or direction changes; and at such other points as are necessary to establish definitely all lines of the plat, including all lot corners. Stone or concrete monuments shall be at least thirty-six inches long and at least six inches in diameter and shall be provided with an appropriate center point. Solid iron pins or iron pipe monuments at least one inch in diameter and at least thirty inches long may be used at all other points.
(h) Street Improvements. Street improvements shall consist of a hard surface pavement of reinforced Portland Cement concrete pavement or full depth asphalt. They shall have concrete curbs and drain tile on both sides of the pavement.
(i) Street Width. The width of the street shall be twenty-six feet measured from the back of curb to the back of curb and centered in the right of way.
(j) Street Subgrade. Spongy, vegetable or other materials objectionable to the Engineer found in the pavement area below subgrade shall be removed and replaced according to the requirements of the Engineer.
The subgrade area shall be compacted and shall acquire a compaction of ninety-five percent (95%) minimum. The developer shall submit compaction test results by an approved testing company to the Engineer before final approval can be given and any pavement put in place. The subgrade shall be consistent with the elevations and crowns that are called out on the improvement plan.
(k) Street Base Course. The base course for a reinforced concrete pavement shall be three inches thick and shall comply with Item 310 Subbase of the Construction and Materials Specifications of the State Department of Transportation, latest edition. The base course for a full-depth asphalt pavement shall be six inches thick and shall comply with the Item 301 Bituminous Aggregate Base of the Construction and Material Specifications of the State Department of Transportation, latest edition.
(l) Street Surface Course. The surface course for a reinforced concrete pavement shall be seven inches thick and shall comply with Item 451 Reinforced Portland Cement Concrete Pavement of the Construction and Material Specifications of the State Department of Transportation, latest edition. The surface course for a full-depth asphalt pavement shall be two inches thick and shall comply with Item 404 Asphalt Concrete of the Construction and Material Specifications of the State Department of Transportation, latest edition.
(m) Portland Cement Concrete Pavement. A Portland Cement concrete pavement shall be reinforced and have an overall thickness of ten inches of which three inches shall be Item 310 Subbase and seven inches of Item 451 Reinforced Portland Cement Concrete Pavement.
(n) Full-Depth Asphalt Pavement. Full-depth asphalt pavement shall have an overall thickness of eight inches of which six inches shall be Item 301 Bituminous Aggregate Base and two inches of Item 404 Asphalt Concrete.
(o) Street Curbs and Gutters. The reinforced concrete pavements shall have an integral curb and gutter and shall be Type 3-A as called out in standard construction drawings of the State Department of Transportation Page BP-7, latest edition. The full-depth asphalt pavements shall have asphalt gutters and six-inch by eighteen-inch Type 6 concrete curbs as called out in the standard construction drawings of the State Department of Transportation Page BP-7, latest edition.
(Ord. 1988-25. Approved by voters 11-8-88.)
(p) Sidewalks.
(1) Sidewalks shall be constructed on both sides of every publicly dedicated road in a new subdivision. The Planning and Zoning Commission is authorized to grant an exception to the location and construction requirements, upon receipt of a written application for exception by the property owner. The Planning and Zoning Commission, in deciding whether to grant an exception, shall consider the recommendation of the Village Engineer, the unique physical characteristics of the property, the presence of sidewalks in the surrounding area, the availability of alternative means of pedestrian access, and any other factors deemed relevant by the Planning and Zoning Commission. Any person aggrieved by the decision or action of the Planning and Zoning Commission may appeal to the Board of Zoning Appeals within 10 days of such official action. Such an appeal shall be made in conformity with Chapter 1111. Written notice of the appeal shall be served on the Village.
(2) Sidewalks shall be constructed of Portland Cement concrete or sandstone flagging in accordance with Item 608 Walks, Curb Ramps and Steps of the Construction and Material Specifications of the State Department of Transportation and Chapter 903 of the Streets, Utilities and Public Services Code. (Ord. 2011-13. Passed 4-11-14.)
(q) Driveways. Driveways may be constructed of Portland Cement concrete or asphalt concrete. However, all drive aprons shall be Portland Cement concrete, six inches thick and conform to Item 452 Plain Portland Cement Concrete Pavement as called out in the Construction and Material Specifications of the State Department of Transportation, latest edition and a two-inch base course as called out in Item 310 Subbase of the Construction and Material Specifications of the State Department of Transportation, latest edition. If the driveway is to be constructed of asphalt, then the driveway shall have a four-inch subbase conforming to Item 304 Aggregate Base of the Construction and Material Specifications of the State Department of Transportation, latest edition, and a four-inch surface course conforming to Item 404 of the Construction and Material Specifications of the State Department of Transportation.
(r) Street Name Signs and Street Naming. The developer may name streets and shall provide all necessary street signs, but the names and placement of signs are subject to the approval of the Village Administrator and shall satisfy the requirements of the Police Chief and Fire Chief.
(s) Street and Walkway Lighting. The developer shall make provisions with the electric power company to provide the sufficient power and wiring to provide street lighting for the entire subdivision including walkways. The developer shall also provide a street and walkway lighting plan which must be approved by the Village Administrator. The developer shall pay for the installation of such lighting.
(t) Street Trees. Shade trees three inches calipered twelve inches above ground level shall be planted within the rights of way of all roads within and abutting the subdivision. The following regulations govern the planting of trees in subdivisions:
(1) One tree shall be planted for every thirty-five feet of street frontage, exclusive of driveways. Streets abutting side lines of lots shall be considered frontage requirements.
(2) Trees planted shall be of species which are resistant to damage and disease and which do not cause interference with underground utilities and/or street lighting and as approved by the Shade Tree Commission.
(3) All trees shall be properly guyed, wrapped and mulched.
(4) A certification of the date of the tree's planting shall be provided to the Shade Tree Commission. If a tree dies within two years of the planting date, it shall be replaced at the developer's expanse.
(6) Location of all proposed trees shall be shown on the improvement plans or on a separate plan to be submitted with the preliminary plat.
(u) Water Supply Improvements. A suitable public water supply connection shall be provided for each lot in the proposed subdivision. All public water supply improvements including extensions of existing water mains shall be subject to approval by the Village Engineer. The installation of all water mains and appurtenances shall comply with the ordinances and resolutions of the Municipality and the rules and regulations of its Water Department. All new subdivisions shall have water from the Municipal water system and shall comply with Chapter 931 of the Streets, Utilities and Public Services Code.
(v) Fire Protection. Fire hydrants are to be provided at 250-foot intervals or as required by the Fire Chief. All hydrant locations and plans are to be approved by the Fire Chief, the Village Administrator and Chapter 931 of the Streets, Utilities and Public Services Code.
(w) Sanitary Sewer Improvements. Each lot in the proposed subdivision shall be served by a suitable sanitary sewer connection. Sanitary sewer improvements including extensions of existing facilities shall meet all requirements of and be subject to approval by the Village Engineer, Village Administrator and the Ohio Environmental Protection Agency (O.E.P.A.). The sanitary improvements shall be designed and constructed in accordance with the Uniform Rules, Regulations and Standards for the Design and Construction of Sewerage Improvements prepared and accepted by the City of Cleveland, Northeast Ohio Regional Sewer District, Cuyahoga County Sanitary Engineer and the Northeast Ohio Municipal Engineers Association. All new subdivisions shall have their sewage treated at the Chagrin Falls Municipal Waste Treatment Plant.
(x) Drainage Improvements. Each lot in the proposed subdivision shall be served by a suitable storm sewer connection. Storm sewer improvements including extensions of existing facilities shall meet all requirements of and be subject to approval by the Village Engineer. The storm improvements shall be designed and constructed in accordance with the Uniform Rules, Regulations and Standards for the Design and Construction of Sewerage Improvements prepared and accepted by the City of Cleveland, Northeast Ohio Regional Sewer District, Cuyahoga County Sanitary Engineer and the Northeast Ohio Municipal Engineers Association.
(y) Storm Sewers and Storm Water Drainage. A storm sewer system meeting all requirements of the Uniform Rules, Regulations and Standards for the Design and Construction of Sewerage Improvements prepared and accepted by the City of Cleveland, the Northeast Ohio Regional Sewer District, the Cuyahoga County Engineer and the Northeast Ohio Municipal Engineers Association shall be constructed within the proposed subdivision. The following additional requirements shall govern the provision of storm water drainage facilities and improvements not covered in the document referred to above.
(1) All existing watercourses or ditches with a design capacity not exceeding that of sixty-inch concrete pipe as well as any watercourse or ditch having a gradient in excess of two and one-half percent (2.5%) shall be enclosed in a conduit the size and type of which shall be subject to approval by the Village Engineer.
(2) Open ditches shall have a side slope ratio of not less than 3:1 and a minimum bottom width of two feet.
(3) All watercourses or ditches having a gradient of less than twenty-five percent (25%) but more than one and one-half percent (1.5%) shall be sodded or paved with bricks, concrete, half tile or broken concrete slabs or other suitable material.
(4) Any storm drainage course carried along the side lot lines of proposed sublots shall be enclosed with approved pipe along the entire lot depth.
(5) Wherever possible, the Commission shall require the subdivider to provide one or more storm water retention basins or enclosed tanks within the subdivision as a means to control the amount and velocity of runoff occurring during and immediately after a storm. Such retention basins, if required, shall be sized so as to insure that storm water runoff from the tract in a fully developed state does not exceed that from the tract in a predevelopment or undeveloped state for a storm of two-hour duration and ten-year frequency. Calculations of runoff from the tract shall be based upon use of the Rational Method or other method approved by the Village Engineer. Coefficients used in the calculation of storm water runoff shall be as specified in Uniform Rules, Regulations and Standards for the Design and Construction of Sewerage Improvements. All calculations of pre- and post-development storm water runoff as well as the design of the proposed storm water retention basin shall be subject to the approval of the Village Engineer.
(z) Culverts and Bridges. Where natural or man-made watercourses intersect any proposed street right of way, it shall be the responsibility of the applicant to have satisfactory bridges and/or culverts constructed. Where culverts are required, the following minimum requirements shall be observed:
(1) All culverts shall extend across the entire right of way width of the proposed street.
(2) The capacity of all culverts and the material utilized for the culvert shall be determined by the Village Engineer based on individual conditions.
(3) Headwalls shall be required on all culverts.
(4) Where an opening for an eight-inch or larger culvert is on private property, a hard surface easement shall be required.
(aa) Electric, Gas and Telephone Improvements. Electric service, gas, telephone and cable service shall be provided to all lots within each subdivision. All wires, conduits and cables associated with such service shall be placed underground. All utilities shall be inspected by the Village Engineer at the developer's expense.
(bb) Extension to Boundaries. All improvements and utilities are to be extended to the boundaries of a subdivision so that a harmonious connection can be made with developments existing or proposed.
(cc) Inspection of Improvements During Construction. All improvements required herein shall be constructed under the supervision of the Village Engineer. It shall be the applicant's responsibility to contact the Engineer at least forty-eight hours before any construction requiring inspection is to take place. All inspection costs shall be borne by the subdivider.
The developer shall post a cash bond equal to two percent (2%) of the construction cost for the cost of inspection. If the inspection costs are more than the cash bond, then the developer is required to make up the difference. If there are moneys remaining at the end of the improvement construction, they shall be returned to the subdivider.
(dd) Final Inspections. Upon completion of all improvements, the subdivider shall request, in writing, a final inspection by the Village Engineer as required under Ohio R.C. 711.091. Such inspection may include core borings and related structural tests with respect to paving improvements. Such inspections shall include an internal pipe inspection of sanitary and storm sewers, two photography, television and hydrostatic tests, the first immediately following installation and the second internal pipe inspection at the discretion of the Village Engineer. With respect to sewer improvements, these inspections shall be completed at the developer's expense.
(Ord. 1988-25. Approved by voters 11-8-88.)