(a) Acceptance of Dedication of Land or Improvements for Municipal Use.
(1) No plat of subdivision, municipal easement or lands or improvements to be dedicated to municipal use shall be recorded in the office of the Geauga County Recorder until approved by Council in accordance with the Planning and Zoning Code. A plat, deed or other instrument recorded without the required municipal approvals is invalid, and Council shall direct that a complaint be filed to strike the plat or instrument from the records of the Geauga County Recorder.
(2) The Planning Commission and Council shall review a subdivision plat for compliance with the criteria below.
A. The subdivision plat and plans in support are consistent with the Comprehensive Plan and comply with the Planning and Zoning Code and, in particular, Chapter 1163 (General Construction Requirements for Improvements).
B. The Municipal Engineer has certified on the subdivision plat that all improvements in the approved Construction Documents have been constructed, inspected, approved, and comply with Municipal ordinances, standards and specifications.
C. The Municipal Engineer has certified on the subdivision plat that the public facilities, including but not limited to streets, water lines and sanitary and storm sewers, are adequate to support and serve the development; and the municipal water supply system as constructed has the capacity to provide an adequate supply of municipal water for the development.
D. The Municipal Engineer has certified on the subdivision plat that improvements to be dedicated to public use have been constructed, inspected and approved and comply with Municipal ordinances, standards and specifications.
E. The open space provided complies with the approved submittals.
F. The recommendations in any previously approved traffic impact studies have been implemented.
G. A copy of the declaration of condominium, homeowner's association bylaws and other documents for the creation and operation thereof, deed restrictions and easements have been approved by the Law Director and the Community Development Administrator.
H. The subdivision plat and its supporting documents substantially comply with previous approvals and the Planning and Zoning Code.
I. All certifications required for recording the subdivision plat upon proper execution thereof have been included.
(3) Planning Commission Action. The Community Development Administrator shall forward to the Planning Commission copies of the Record Documents Submittal and all supporting materials, final staff review comments and recommendations, a draft ordinance and other documents and information relevant to the submittal.
Planning Commission shall review the submittal materials and other documents transmitted by the Community Development Administrator; hear the testimony presented and exhibits submitted by the applicant, City staff and municipal consultants; and review the applicable criteria in Section 1111.25(a)(2). Planning Commission may act at the same meeting the application was first considered or request additional evidence, testimony, documents, studies or reports for consideration at a subsequent meeting. Planning Commission shall discuss the application and may impose terms or conditions of approval for compliance with the requirements in the Planning and Zoning Code and other applicable City regulations.
(4) Council Action. The Community Development Administrator shall forward to the Clerk of Council copies of the Record Documents Submittal and all supporting materials, final staff review comments and recommendations, the Planning Commission's findings and determinations, a draft ordinance and other documents and information relevant to the submittal.
A. Council shall review the submittal materials and other documents transmitted by the Community Development Administrator; hear the testimony presented and exhibits submitted by the applicant, City staff and municipal consultants; and review the applicable criteria in Section 1111.25(a)(2). Council may request additional evidence, testimony, documents, studies or reports. Council shall discuss the application and may impose terms or conditions of approval for compliance with the requirements in the Planning and Zoning Code and other applicable City regulations.
B. Council may vote upon the submittal or direct the Community Development Administrator to prepare a written documentation, incorporating findings of fact and terms and conditions of approval for final vote at a subsequent meeting.
(5) Certification of Acceptance Required. The City shall not accept any lands, easements, or improvements for public use nor assume any liability or maintenance responsibility therefor unless:
A. The President of Council certifies the approval and acceptance thereof upon the plat of record.
B. Lands, easements, or improvements offered for dedication to public use shall comply with all applicable municipal ordinances, standards, specifications and other requirements unless a waiver, exception, or variance has been granted by the Planning Commission or Council.
(6) Issuance of Zoning Compliance Certificate. When the Record Documents Submittal has been approved and the conditions thereof, if any, have been satisfied, the Community Development Administrator shall issue a Zoning Compliance Certificate pursuant to Section 1111.23.
(b) Recording Procedures. No plat, legal description, deed or other instrument that grants an interest in real estate, shall be recorded with the Geauga County Recorder until the Record Documents have been approved in accordance with the Planning and Zoning Code in accordance with Section 1111.25(a). The applicant shall cooperate with the Community Development Administrator so that the necessary documents are filed for record in the office of the County Recorder within ten (10) days of Record Documents approval. The approved documents shall remain in the custody of the Community Development Administrator until recorded with the Geauga County Recorder. Costs of recording and for the Municipal record copies shall be paid by the applicant prior to recording.
(1) The recording of instruments dedicating lands or improvements for public use shall comply with the requirements of Section 1111.25(a).
(2) One (1) additional mylar copy of the Plat of Record or map of a subdivision, Planned Residential Development, condominium or other development, with all required certifications, and signatures, and the date and time of recording shall be provided at the time of recording by the applicant to the Community Development Administrator, for the Municipal records.
(3) One (1) additional copy of the document of a lot line adjustment or lot consolidation, easement, land reservation or other recorded instrument of real estate, with sufficient space for stamping the date and time of recording, shall be provided by the property owner at the time of recording to the Community Development Administrator for the Municipal records.
(4) No plat of subdivision, Planned Residential Development, condominium, minor subdivision (lot split), lot consolidation, or land reservation shall be filed for record in the office of the Geauga County Recorder until it has been approved by the Council, Planning Commission or Community Development Administrator. A recorded plat without the required municipal approvals is invalid, and Council shall direct the Law Director to file a complaint to strike the plat from the records of the Geauga County Recorder.
(c) Revisions to Association Documents. If a homeowner's association, community association, condominium association or similar organization of property owners amends the bylaws, declaration, code of regulations or other recorded instrument which imposes maintenance obligations upon the City or reduces access to common areas by the City or other parties, the amendment shall be submitted to the Law Director and Community Development Administrator for review and approval. The bylaws, declaration, code of regulations or other recorded instrument shall include a statement in bold print notifying the owners and purchasers of the lots or units of the Association's maintenance duties and obligations. Failure to obtain approval of an amendment as required herein is a violation of the Planning and Zoning Code
(d) Transfer of Land before Recording.
(1) Neither the owner of land nor another with the authority and approval of the owner shall transfer a lot, parcel or tract of land incorporated into a subdivision plat before the plat is approved and recorded. A metes and bounds legal description of the lot, parcel or tract in the deed of transfer shall not exempt the owner from compliance with this section. The Municipality may file a civil action in a court of competent jurisdiction to prevent the transfer of the land and may file a criminal complaint alleging a violation of this section pursuant to Section 1107.99 (Penalties).
(2) The transfer of a lot, parcel or tract incorporated into a plat of a subdivision on which private streets or open space are reserved for the exclusive use of the abutting or other owners in the subdivision and are not dedicated public streets, ways or grounds shall not exempt the owners from the requirements or the penalty of this section.
(e) Maintenance guarantees shall be posted when required by Section 1163.05 (Maintenance Guarantee). (Ord. 3273. Passed 5-9-24.)