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(a) Where the subdivision is located within the City or where the size of the lots on the subdivision plan indicate a population density per lot of more than one family per twenty thousand (20,000) square feet exclusive of streets, then the following requirements shall be complied with:
(1) In areas where an approved public water supply is, in the opinion of the Water Department of the appropriate supplier, reasonably accessible and adequate, the subdivider shall contract with the Water Department to make the water supply available for each lot within the subdivided area. Water mains shall be installed in the City by the subdivider and ownership conveyed to the Water Department at the subdivider's expense. Provision shall be made by the City for adequate fire hydrants at approximately three hundred (300) feet apart within the City at the subdivider's expense.
(2) All water mains and services within the City streets shall become the property of the City.
(3) Each subdivision owner shall be required to enter into a contract whereby the method of paying for and installing the water facilities shall be determined by the Water Department regulations of the municipality concerned. This contract and payment of costs shall be a prerequisite to final allotment approval.
(Ord. 1960-7. Passed 12-5-60; Ord. 2001-005. Passed 3-5-01; Ord. 2007-002. Passed 4-2-07; Ord. 2020-021A. Passed 6-15-20.)
(a) Where a subdivision contains sewers, sewage treatment plants; water supply systems, park areas, street trees or other physical facilities, which are not or cannot be satisfactorily maintained by any existing public agency, it is recommended that provisions by the allotter be made through a trust agreement, the terms of which shall be part of each deed conveying property in the allotment, for the proper servicing and maintenance of such facilities. Such an agreement should establish a self-perpetuating organization and provide for the proper and continuous maintenance and supervision by the subdivider or his successors of such facilities.
(Ord. 1960-7. Passed 12-5-60; Ord. 2001-005. Passed 3-5-01; Ord. 2007-002. Passed 4-2-07;Ord. 2020-021A. Passed 6-15-20.)
(a) The subdivider shall give due consideration to suitable sites for parks, playgrounds and other areas for public use, such as recreation, parking and the like, so as to conform to the recommendations of the Planning Commission. Any provision for parks, playgrounds, historical sites and other public uses shall be indicated on the preliminary plan, so that it may be determined when and in what manner such areas shall be dedicated to, or acquired by, the appropriate agency. The Commission shall require that ten percent (10%) of the gross land area of a subdivision, less existing road right-of-ways, be allocated for recreational uses.
(b) In determining such areas for dedication or reservation, however, the Commission shall take into consideration the prospective character of the development, whether dense residential, open residential, business or industrial. The Commission shall have the option of requiring fees in lieu of land in special situations where such requirements would cause undue hardship or where there exists adequate nearby open space to serve the population in the area to be allotted. The fee in lieu of land shall be twenty percent (20%) of the fair market value of the entire undeveloped land. In case a subdivided area is too small to provide an open space of suitable size and character, the Commission may require the subdivider to provide a tract that may be combined with existing open spaces provided or to be provided in adjoining areas, so as to produce a total area of adequate size for the entire neighborhood.
(c) Due regard shall be shown for preserving outstanding natural or cultural features such as scenic spots or watercourses, exceptionally fine groves of trees and historic sites or structures. Provision for public ownership is usually the best means of assuring the preservation of such features.
(Ord. 1975-50. Passed 6-2-75; Ord. 2001-005. Passed 3-5-01; Ord. 2007-002. Passed 4-2-07; Ord. 2020-021A. Passed 6-15-20.)
(a) The following shall be on the Plat when submitted to the Planning Commission:
(1) If the area is now zoned: "No use shall be made of any property in this allotment inconsistent with the Zoning Code and no zoning height, area, rear or side yard requirement shall be violated." If the area is not zoned when allotted, the following restriction shall be imposed: "Should zoning restrictions be imposed on this allotment at a future date, the more restrictive of the regulations (zoning or private) shall be the governing one."
(2) "The grantor for themselves, their successors and assigns hereby reserves in common the right to locate and maintain utility lines on and along the side of each lot for a width of seven feet six inches and along the rear of each lot for a width of ten feet."
(3) "The premises shown hereon are to be used for private single-family residence purposes only and not more than one private residence is to be erected on each lot as shown on this plat. " (This restriction need not apply if the area in the City which is being allotted is zoned for other than residential or if, because of the type of development, the area is to be rezoned for more intensive development, whether in or outside of the City.)
(4) "Before occupancy, each dwelling must have one full story above the basement and be roofed. Temporary dwelling in garages, tents, shacks, barns, trailers, basement houses and the like is prohibited and shall have an occupancy/use certificate issued by the City of Fairlawn. "
(5) If any portion of the allotment is zoned for other than residential use or if the area is outside of the City and any of the lots is shown on the plat to be for business use, the following restriction shall be shown: "On retail business lots, all buildings shall observe the setback line and shall not occupy more than one-third (1/3) of the area of the lot. No retail business lot shall be used for an industrial, commercial or manufacturing purpose.
(6) Accessory buildings less than fifteen (15) feet in height shall be built at least five (5) feet from each side line.
(7) A minimum habitable floor area, exclusive of basement, garage or other accessory building, shall be specified.
(8) If desired, a minimum cost clause tied to an authoritative price index may be established.
(9) No lots shall be subdivided so as to create any additional building sites. Blocks laid out for future subdividing are an exception to this rule but no such block shall be used until it is platted and the lots are numbered.
(10) If the subdivider so elects, he may insert a provision that "the plan, design, location, grade line and use of any structure to be erected on the allotment is first to be submitted to and approved by the City Planning Commission before construction is commenced and the Commission may, and is given the right to, require the alteration change or removal of any structure if the plan, design, location, grade line and use have not been approved by it."
(11) The bulk, floor area, number of stories, style of architecture or other detailed building restrictions may be regulated, if such restrictions are approved by the Commission.
(b) The subdivider shall submit the subdivision deed restrictions and Homeowners Association Documents to the Planning Commission.
(Ord. 1960-7. Passed 12-5-60; Ord. 2001-005. Passed 3-5-01; Ord. 2007-002. Passed 4-2-07; Ord. 2020-021A. Passed 6-15-20.)
(a) The Fairlawn Bench Mark Map is on file in the office of the City Engineer. The Mayor, the Director of Public Service and/or the City Engineer shall have the authority to update and supplement the Map to address relevant changes to the City Bench Mark information. All plans submitted to the City shall conform to the Fairlawn Bench Mark Map where applicable.
(Ord. 1982-60. Passed 3-1-82; Ord. 2001-005. Passed 3-5-01; Ord. 2007-002. Passed 4-2-07; Ord. 2020-021A. Passed 6-15-20.)