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(a) Generally. A standard monument conforming to the City of Fairlawn Construction and Materials Specifications, current edition, or other applicable standards shall be placed at each angle and point of curve in the perimeter of the allotment, at other points of street intersection and points of curve and at such other places as the City Engineer or the Planning Commission may direct. As a general guide, in addition, one (1) monument shall be placed at each angle point or at the beginning of a curve on at least one (1) side of each street and at such other points as the grades of the street, street intersections and other practical surveying considerations may dictate, the top of the monuments shall conform to the final grade of the sidewalks, pavement or ground line, as the location dictates.
(Ord. 1960-7. Passed 12-5-60.)
(b) Pinning Required.
(1) Generally. From and after the effective date of this section (Ordinance 1987-136SS, passed February 1, 1988) and prior to the issuance of any City permit, a boundary survey shall be performed with all corners of the subject parcel of land monumented in accordance with this section and as approved by the City Engineer for the following:
A. Any lot split; or
B. Any parcel wherein a building permit is applied for, whether residential, commercial or institutional.
(2) Time limits. Every lot or parcel in any subdivision or allotment shall be completely surveyed and all monuments shall be in place in accordance with paragraph (b)(3) hereof not later than sixty (60) days after the completion of the construction of the streets. However, if a structure is contemplated to be erected prior to such time limit, then paragraph (b)(l)B. hereof shall apply.
(3) Standards.
A. When necessary in accordance with the accepted surveying practice and legal requirements, the surveyor shall set boundary monuments so that, upon completion of the survey, each corner of the property and each referenced control station will be physically monumented.
B. When it is impossible or impractical to set a boundary monument on a corner, the surveyor shall set a reference monument, similar in character to the boundary monument, and preferably along one (1) of the property lines which intersects at that corner. When such a reference monument is used, it shall be clearly identified as a reference monument on the plat of the property and in any new deed description which may be written for the property.
C. Every boundary monument and/or reference monument set by the surveyor shall, when practical:
1. Be composed of a durable material;
2. Have a minimum length of thirty (30) inches;
3. Have a minimum cross-section area of material of 0.21 square inches;
4. Be identified with a durable marker bearing the surveyor's Ohio Registration Number and/or name or company name; and
5. Be detectable with conventional instruments for finding ferrous or magnetic objects.
D. When a case arises, due to physical obstructions such as pavements, large rocks, large roots, utility cables, etc., so that neither a boundary monument nor a referenced monument can be conveniently or practically set in accordance with this paragraph, then alternative monumentation, which is essentially as durable and identifiable (e.g. chiseled "X" in concrete, drill hole, etc.) shall be established for the particular situation.
(Ord. 1987-136SS. Passed 2-1-88; Ord. 2001-005. Passed 3-5-01; Ord. 2005-085. Passed 1-9-06; Ord. 2007-002. Passed 4-2-07; Ord. 2020-021A. Passed 6-15-20.)
(a) Requirements.
(1) No effective approval shall be given to any allotment plat unless and until the allotter has filed with the Planning Commission:
A. A plan providing that all electric distribution, natural gas distribution and communication lines within the allotment will be installed underground;
(Ord. 1989-160S. Passed 2-19-90.)
B. Electric distribution lines will be constructed with capacity for car charging connections;
C. Agreements with utility companies (which, together with their successors and assigns, are hereinafter referred to as the "companies"), made on terms satisfactory to the companies, providing for the installation of the electric distribution, natural gas distribution and communication lines in the allotment according to the plan filed pursuant to subsection (a) hereof; and
(Ord 1965-68. Passed 6-21-65.)
D. Statements by the companies indicating that the allotter has granted to the companies, in a form satisfactory to the companies, all easements necessary for installation, operation and maintenance of service (including street lighting) in the allotment.
(2) All future street lighting in a subdivision shall conform to the following requirements:
A. Street lighting shall be spaced to service allotments adequately. All wiring, lamps, lamp posts, transformers and other equipment shall be installed in accordance with Ohio Edison specifications. The Ohio Edison Company shall inspect all wiring lamps, lampposts and transformers prior to acceptance.
B. All wiring for lamps shall be placed underground at a depth specified by the City Engineer and/or the Ohio Edison Company.
C. All street lights shall be light-emitting diode (LED).
D. Lumens shall be as specified by the Director of Public Service and/or City Engineer.
E. Wifi shall be as specified by the Director of Public Service and/or the City Engineer.
F. FairlawnGIG shall be as specified by the Director of Public Service and/or the City Engineer.
G. The developer and/or owner shall be responsible for and shall bear the cost of installation for all street lighting in any new development within any zoning district established in these Codified Ordinances.
H. Where a proponent requests a rezoning to any zoning classification provided within these Codified Ordinances, he or she shall be required to submit to the Planning Commission, for its approval, a comprehensive street lighting plan where street lighting is not in existence at such site.
(Ord. 1989-160S. Passed 2-19-90.)
(b) Replacement of Underground Lines. As it becomes necessary to repair or replace utility lines (including street light wiring) which are located underground, the new or repaired lines shall be placed underground.
(c) Variances. Council may, upon application of any person affected, grant to such person a variance by permitting the installation or replacement of all or part of electric and communication lines overhead or underground along and within the limits of the streets in the allotment or in other appropriate locations, when the installation, continuance or replacement of such lines along the rear and side lot lines, either overhead or underground, would be impractical or unreasonably expensive by reason of topography, soil or other natural conditions, the size and shape of the allotment or the lots therein, or would for any reason result in injustice or undue hardship.
(Ord. 1965-68. Passed 6-21-65; Ord. 2001-005. Passed 3-5-01; Ord. 2005-085. Passed 1-9-06; Ord. 2007-002. Passed 4-2-07; Ord. 2020- 021A. Passed 6-15-20.)
(a) The subdivider shall maintain all street improvements, sewers and other public improvements constructed by him for a period of three (3) years after approval of the improvements by the City. He shall furnish a bond satisfactory to the Director of Public Service, or his designee, in the amount of one hundred percent (100%) of the actual or estimated cost, to guarantee that such improvements shall be maintained in a safe and satisfactory condition and that any defects due to workmanship, materials, settlements of fills or trenches or abuse due to misuse by the developer or his agent during this period shall be corrected by the subdivider.
(Ord. 1993-158. Passed 12-20-93; Ord. 2001-005. Passed 3-5-01; Ord. 2005-085. Passed 1-9-06; Ord. 2007-002. Passed 4-2-07; Ord. 2020- 021A. Passed 6-15-20.)
(a) No effective approval shall be given to an allotment plat unless and until the allotter has paid an application fee and all department review fees to the City for review and consideration of the plat by the Planning Commission.
(b) Such fee shall be in addition to and not in lieu of any fees and charges of the City or any department thereof for engineering services, street opening permits or any other services of the City or any department where such fees or charges are prescribed by any ordinance.
(c) The "effective date of approval" or similar wording herein refers to the date on which all the requirements have been met, including submission and checking of proper plans, payment of all fees and deposits as outlined herein, the completion of improvements or the deposit of bonds therefor and the signing and acceptance of agreements with the City concerning the completion of such improvements.
(Ord. 1974-168. Passed 2-3-75; Ord. 2001-005. Passed 3-5-01; Ord. 2005-085. Passed 1-9-06; Ord. 2007-002. Passed 4-2-07; Ord. 2020- 021A. Passed 6-15-20.)
(a) The allotter shall, in lieu of the actual completion of the improvements required by this chapter including but not limited to storm water control and sanitary sewers, water lines, street improvements, sidewalks, required landscaping and utilities, furnish security satisfactory to the City in the form of cash, certified check or performance security bond in the full amount (one hundred percent (100%)) of the proposed improvements guaranteeing to the City that the improvements specified in this chapter will be completed within twenty-four (24) months, or such lesser period of time as the City may specify, after approval of the allotment. The amount of such bond or security shall be determined from the latest available cost experience of the City for improvements of the type and kind contemplated.
(1) Surety Bond shall be from a company approved by the City.
(2) Such surety or bond shall be released after the improvements for which the bond has been given, have been inspected by the appropriate departments of the City and have been found to be satisfactory and in accordance with the specifications.
(3) All security or bonds shall be forfeited if not claimed by the developer within a five (5)-year period and shall revert to the City's general fund. (ORC 9.39)
(Ord. 2005-085. Passed 1-9-06; Ord. 2007-002. Passed 4-2-07; Ord. 2020-021A. Passed 6-15-20.)
(a) If the monuments referred to in Section 1230.09 have not been set when the plat is ready to be accepted, the bond in lieu of performance may include an item to cover the cost of setting such monuments at the rate of seven hundred fifty dollars ($750.00) per monument. If the monuments have not been set within three (3) months after the expiration of the time limit fixed by the bond for grading and construction of the streets, the Planning Commission may cause such monuments to be set and the cost thereof shall be assessed against such bond and such bond shall provide. In lieu of covering the monuments in the bond, the allotter, at his option, may give the Commission a certified check made payable to the City of Fairlawn or a cash deposit to cover the setting of the monuments at the rate of seven hundred fifty dollars ($750.00) per monument, which check or cash shall be refunded upon the completion of setting and approval by the City Engineer of the monuments within the three (3) month period established above. The subdivider shall make this deposit and execute an agreement with the City covering the setting of the monuments before the final effective approval.
(b) Such security or bond shall be released after the improvements for which the bond has been given have been inspected by the appropriate departments of the City and have been found to be satisfactory and in accordance with the specifications.
(c) All security or bonds shall be forfeited if not claimed by the developer within a five (5) year period and shall revert to the City's general fund. (ORC 9.39)
(Ord. 2005-085. Passed 1-9-06; Ord. 2007-002. Passed 4-2-07; Ord. 2020-021A. Passed 6-15-20.)
(a) When a temporary reason arises to delay installation of streets and sidewalks, such reason must be approved by Council.
(b) When completion of installation of streets and sidewalks is due according to this chapter, installation costs and administration costs of such streets and sidewalks shall be established and certified by the City Engineer in accordance with Section 1230.11.
(c) At such due time, if installation of streets and sidewalks is not complete, such costs shall be paid into the General Fund of the City by the plat developer as set forth in this chapter.
(d) The City shall accept the responsibility for installing and shall install such streets and sidewalks when, first, full payment has been received, and secondly, the reasons for delay have been overcome, or when a minimum of fifty-five percent (55%) of the plat property owners petition for the installation of such streets and sidewalks, or when acceptance is directed by ordinance of Council.
(e) A letter of responsibility shall be delivered to the payee and the date of acceptance of responsibility to install the streets and sidewalks shall be noted on the official approved plat drawings on file with the City.
(Ord. 1978-34. Passed 1-17-78; Ord. 2001-005. Passed 3-5-01; Ord. 2005-085. Passed 1-9-06; Ord. 2007-002. Passed 4-2-07; Ord. 2020- 021A. Passed 6-15-20.)