Loading...
(a) No plat of a subdivision of land within the City shall be recorded until it has been approved by the Planning and Zoning Commission and such approval has been confirmed by Council and the approval of both the Commission and Council has been endorsed on the plat. However, no plat of a subdivision of land within the City involving the dedication or the vacation of any public street, alley or highway shall be recorded until it has been approved by Council and such approval has been endorsed on the plat.
(b) For purposes of this chapter, the following terms shall have the meanings hereafter provided:
(1) “Applicant” means the owner of land proposed to be subdivided or his or her representative. The authority of the representative shall be established to the satisfaction of the Community Development Director. Consent to subdivide shall be required from the legal owner of the premises.
(2) “Block” is all that part of one side of a street, which is between two intersecting streets.
(3) “Bond” means any form of security including a cash deposit, surety bond, collateral, property, or instrument of credit in an amount and form satisfactory to the City Council.
(4) “Building” means any structure with substantial walls and roof securely affixed to land and entirely separated on all sides from any similar structure by space or by walls in which there are no communicating doors, windows, or similar openings.
(5) “Construction plans” means the maps or drawings accompanying a subdivision plat and showing the specific location and design of improvements to be installed in the subdivision.
(6) “Council” means the City Council of the City of Euclid, Ohio.
(7) “Cul-de-sac” is a local street having only one outlet and a paved terminal for safe and convenient reversal of traffic movement.
(8) “Easement” means authorization by a property owner for use by another, and for a specified purpose, of any designated part of his or her property.
(9) “Engineer” means the City Engineer of the City of Euclid, Ohio.
(10) “Engineer, registered or surveyor” is an engineer or surveyor registered in the State of Ohio.
(11) “Escrow” means a deposit of cash with the City of Euclid in lieu of an amount required and still in force on a performance or maintenance bond.
(12) “Frontage” means that portion of a lot abutting on a dedicated right-of-way.
(13) “Grade” means the slope of any surface specified in percentage terms.
A. “Finished grade” means the elevation of the surface of the ground of any parcel of land after construction of buildings, parking, driveways, streets, the completion of all landscaping, and any other improvements.
B. “Natural grade” means the elevation of the undisturbed natural surface of any land.
C. “Established street grade” means the elevation of the street, established by the City Engineer, measured at the centerline of the street.
(14) “Lot” means a tract, plat, or portion of subdivision or other parcel of land intended as a unit for the purpose, whether immediate or future, of transfer of ownership or for building development.
A. “Lot - double frontage” means a lot, other than a corner lot with frontage on more than one street.
B. “Lot - flag” means any lot, except one located on a cul-de-sac in a platted subdivision, having less than the required minimum lot width measured at the front of the lot. Such a lot shall not be created by minor subdivisions unless there is a showing of unnecessary hardship.
C. “Lot improvement” means any building, structure, place, work of art, or other object or improvement of the land on which they are situated constituting a physical betterment of real property, or any part of such betterment.
(15) “Off-site” means any premises not located within the area of the property to be subdivided, whether or not in the same ownership of the applicant for subdivision approval.
(16) “Planning Commission” means the Municipal Planning and Zoning Commission of the City of Euclid, Ohio.
(17) “Public improvement” means any drainage ditch, roadway, parkway, sidewalk, pedestrian way, treelawn, off-street parking area, lot improvement, or other facility for which the City may ultimately assume the responsibility for operation and maintenance or which may effect an improvement for which the City is responsible.
(18) “Right-of-way” means a strip of land occupied or intended to be occupied by a street, crosswalk, walkway, or other public improvement relating to public travel or access.
(19) “Set back.”
A. “Front set back” means the minimum allowable distance between a building or structure and the right-of-way line, as regulated by the Zoning Code.
B. “Side set back” means the minimum allowable distance between a building or structure and the side lot line as regulated by the Zoning Code.
C. “Rear set back” means the minimum allowable distance between a building or structure and the rear lot line as regulated by the Zoning Code.
(20) “Streets.”
A. “Local street” means a street intended to provide access to other streets from individual properties, generally bearing a volume of traffic no greater than 800 ADT (average daily traffic).
B. “Minor collector street” means a street which carries internal traffic within a given neighborhood, connecting local streets to the major collectors or to the arterial system and generally bearing a volume of traffic no greater than 4,000 ADT.
C. “Major collector street” means a street which carries traffic from the minor collector system to the arterials. Traffic usually has origin and destination within the community and does not exceed 10,000 ADT.
D. “Arterial street” means a street which accommodates traffic to and from the expressways or to or through major commercial districts. Traffic volumes are generally greater than 10,000 ADT.
E. “Expressway” means a street entirely devoted to the movement of large volumes of traffic at relatively high speeds. Access is completely controlled, not intended to serve abutting property.
(21) “Structure” means that which is constructed having a location on or in the ground or attached to that having location on or in the ground; the term shall include buildings, outdoor seating facilities, outdoor theaters, swimming pools, platforms, tents, towers, bridges, fences, barriers, poles, roadside signs.
(22) “Subdivision.”
A. The division or re-subdivision of land into two or more parts, lots, parcels, sites, units, tracts, or interests for the purpose of transfer of ownership, lease, or building development either immediate or future;
B. The division or development of land whether by deed, metes and bounds description, devise, intestacy, lease, map, plat or other recorded instrument;
C. The improvement of one or more parcels of land for structures or groups of structures involving the division or allocation of land for the opening, widening, or extension of any street, right-of-way, or easement; or
D. The re-subdivision of any lot or lots in any recorded subdivision. Provided, however, that the sale and exchange of parcels between adjoining lot owners, where such sale or exchange does not create additional building sites, shall not be defined as a subdivision.
(23) “Subdivision, minor” means any subdivision, all lots of which front on an existing City dedicated street and with which there is no new street or right-of-way required or proposed. Such subdivisions of any parcel shall be limited to lot adjustments, lot consolidations, and lot splits involving no more than three lots which are adjusted, consolidated, or resulting and no variances are required. The Planning and Zoning Commission may establish special procedures by rule pursuant to Section 1301.11 for processing minor subdivisions.
(24) “Tree” means any tree, shrub, or other woody plant.
(25) “Zoning Code” means the Zoning Code of the City of Euclid, Ohio.
(Ord. 45-1962. Passed 3-19-62; Ord. 66-2001. Passed 4-2-01.)
No part of any tract of land in the City shall be conveyed by metes and bounds, but only by lot number according to a plat duly prepared, executed and approved by the Planning and Zoning Commission and by such other persons or officers as law requires, and recorded according to law.
(Ord. 178-1959. Passed 9-14-59.)
All lots on the plat of any subdivision shall have a minimum street frontage of seventy-five feet and a minimum area of 7,500 square feet, except that smaller frontages may be approved for individual lot fronts on curved streets where the width of any such lot increases going from front to rear and where the width of the lot at the probable location of the dwelling house to be built thereon is not less than seventy-five feet. However, the Planning and Zoning Commission, subject to the confirmation and approval of Council, may approve the plat of a subdivision in an old established neighborhood of the City not involving any new streets, containing lots of less width than seventy-five feet, if the lots conform generally to the other lots in the neighborhood. If it appears that any subdivision will not be served within a reasonable time by a public sanitary sewer system, then all lots shall have a minimum frontage of 100 feet and a minimum area of 18,000 square feet unless the subdivision is served by a public water system, in which case the minimum frontage shall be eighty feet and the minimum area 14,400 square feet. However, these requirements with reference to the size of lots not to be served by a public sanitary sewer system may be varied by the Commission upward or downward in individual cases when, in the opinion of the Commission, such action is justified by a written report of the City or County Health Commissioner (whoever has jurisdiction) on the soil characteristics, topography and other conditions of the proposed subdivision.
(Ord. 260-1979. Passed 9-17-79.)
All plats must bear the certificate of a licensed engineer or surveyor that the plat was prepared by him or her or under his or her supervision, that dimensions and angles are correct and that the permanent monuments have been set as indicated.
(Ord. 5158. Passed 8-2-26.)
A fee policy of title insurance issued by a responsible title company in an amount to be determined by the City Planning and Zoning Commission, covering all streets to be dedicated and insuring good title to such streets or any portions thereof in the City, free and clear of all liens and encumbrances whatsoever, except taxes for the current year, shall accompany every plat submitted for approval.
(Ord. 178-1959. Passed 9-14-59.)
All subdivision, dedication or vacation plats presented to either Council or the City Planning and Zoning Commission for approval must be originally signed copies accompanied by the exact transparent linen cloth duplicated for filing with the Clerk of Council. The plats must show all sublots, numbered consecutively, together with all dimensions of width and depth and all angles at intersections of lines.
(Ord. 178-1959. Passed 9-14-59.)
(a) Before final approval by the City Planning and Zoning Commission, all plats shall first be approved, in writing, by the City Engineer, the Planning and Development Director and the Service Director of the City. The Commission may approve plats contingent upon the subsequent approval of such plats by the City Engineer and/or the Planning and Development Director and the Service Director.
(b) The developer shall submit to the City Engineer, the Planning and Development Director and the Service Director a preliminary layout together with a topographical map of the land involved which shall be certified by a registered engineer of the State.
(c) The Planning and Development Director and the Service Director shall also require plans and specifications for the installation of storm and sanitary sewers and a water main. Such plans shall meet with their approval. The developer shall then prepare a permanent plat plan for final submission, which plan shall include the profile of streets and monuments. Before the City Engineer and the Service Director endorse their approval on the plat, the City Engineer shall be of the opinion, under the plans and specifications submitted, that adequate and proper provision has been made for storm and other drainage of the land involved when improved for sanitary improvements of the proposed subdivision and for water facilities, which sewers and water main are to be connected to the existing sewage and water system. In giving his or her final approval, the City Engineer shall confirm that all standards and requirements of Section 1311.14 et seq. shall be met and shall take into consideration the existing facilities and abutting property and the impact, if any, of any new development thereon, especially the drainage of storm water from the land when improved in accordance with the standards established by Chapter 921, 922, and 923 of the Codified Ordinances.
The City Engineer and Service Director may require changes of design or installation of additional facilities as may be necessary to conform with the above indicated standards and requirements and for protection of the health and safety of the City and its citizens. The applicant shall pay for the cost of such review.
In the event that professional consulting services are rendered by the City Engineer or any other outside consultants to make any determinations by the City Engineer or other consultant as the same shall be required, determined, and approved by the Service Director, City Engineer, or Planning and Development Director, such services shall be rendered and charged at the prevailing contractual hourly rates for such services.
(d) The Service Director, the Planning and Development Director or the Commission may require the developer to enter into an agreement with the City, in a form approved by the Director of Law, to perform any covenants with respect to grades, storm drainage, paving, sanitary improvements, grading, water mains and other required facilities and improvements. A copy of the agreement shall be filed with the Commissioner of Buildings and it shall be his or her duty to withhold the issuance of building permits, or to cancel those already issued, unless the conditions and covenants in the agreement are complied with. When the City Engineer, the Planning and Development Director and the Service Director have endorsed their approval on the plat, it shall be filed by them with the City Planning and Zoning Commission, except as provided herein.
(Ord. 121-1996. Passed 6-3-96; Ord. 66-2001. Passed 4-2-01.)
In the event that either the Service Director, the Planning and Development Director, the City Engineer or the Service Director refuses to give his or her approval of a plat, any party aggrieved thereby shall have the right to appeal such decision to the City Planning and Zoning Commission by filing a notice of such appeal, containing the reasons therefor, with the Commission, the City Engineer, the Planning and Development Director and the Service Director. The Commission shall notify the Planning and Development Director, the Service Director, the City Engineer and the party bringing the appeal of the time, date and place at which such appeal will be heard by the Commission. The Commission shall have the power, after hearing the appeal, to give its final approval to such plat or subdivision without the approval of the Planning and Development Director, the Service Director and/or the City Engineer. Such approval shall then be referred to Council for confirmation and approval and no plat shall be recorded until the approval of Council has been endorsed thereon.
(Ord. 121-1996. Passed 6-3-96; Ord. 66-2001. Passed 4-2-01.)
The street pattern of all subdivisions shall provide for ease of circulation of traffic within the subdivision, as well as convenient access to adjoining streets, thoroughfares or unsubdivided land. Reserve strips at the edge of subdivisions controlling access to the streets thereof from land adjoining the subdivision shall be prohibited. In any case where a street will eventually be extended beyond the plat but is temporarily dead-ended, an interim turn-around will be required. Dead-end streets will be permitted in cases where the Planning and Zoning Commission finds that such a street will be in the best interests of the City considering the topography of the area and all other relevant factors, and if a circular roadway is provided at the end thereof so that vehicles may be easily turned around without backing.
(Ord. 178-1959. Passed 9-14-59.)
Loading...