1117.99 PENALTY.
Compliance with this Code shall be obtained by applying penalties for noncompliance as follows:
(a) Violations of Rules and Regulations. Whoever violates any provision of this Subdivision Code as duly adopted or fails to comply with any order issued pursuant thereto shall be fined not less than ten dollars ($10.00) nor more than one thousand dollars ($1,000) and each violation shall be considered a separate offense.
(b) Improvements to be Installed. The utilities and other improvements required by this Subdivision Code, and deemed necessary in the public interest to provide essential services and access to a lot, shall have been installed or their installation guaranteed in conformance with the provisions of this Subdivision Code before the issuance of a building permit for construction upon such lot and before the recording, sale or lease of such lot.
(c) Transfer of Land Before Recording. Whoever, being the owner or agent of the owner of any land located within the jurisdiction of this Subdivision Code, transfers any lot, parcel or tract of such land or in accordance with any plat of a subdivision before such plat has been recorded, shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) for each lot, parcel or tract of land sold. The description of such lot, parcel or tract by metes and bounds in the deed of transfer shall not serve to exempt the seller from the penalty herein provided. The City may enjoin such sale or agreement by a civil action in any court of competent jurisdiction. The sale of lots, parcels or tracts from a plat of a subdivision on which any and all areas indicated as streets or as open ground are expressly indicated as for the exclusive use of the abutting or other owners in such subdivision and not as public streets, ways or grounds, shall not serve to exempt the seller from the requirements of this Subdivision Code or from the penalty herein provided.
(Ord. 1967-37. Passed 1-9-68.)
OUTLINE OF PROCEDURES
The procedures outlined in this section are intended only as a guide and do not modify the detailed procedures set forth in this Code and other parts of this Subdivision Code.
(a) Land Planning and Subdivision Code is prepared by the Planning Commission, and after holding a public hearing are recommended to Council, and are reviewed and are adopted by Council.
(b) Thereafter, subdivisions are reviewed and approved by the Planning Commission in accordance with the adopted regulations and any amendments thereto.
(c) The developer, before subdividing, obtains information on, or a copy of, the regulations, and other applicable codes in effect.
(d) For a minor subdivision, the developer prepares a sketch plan and submits it to the Commission. After review, the Commission may give final approval and the subdivision may be recorded and the lots created may be sold.
(e) For a major subdivision, the developer prepares a preliminary plan in accordance with the Planning Criteria, Chapter 1111
, submits it to the Commission and applies for approval. After review, the Commission shall recommend, conditionally recommend, or not recommend the preliminary plan to Council.
(f) Council shall approve or disapprove the Commission's recommendations within sixty days.
(g) The developer, having received approval of a preliminary plan of a major subdivision, prepares drawings and specifications for the improvements in accordance with the provisions of Chapter 1113
, and a final plat of the subdivision in accordance with the provisions of Chapter 1115
. He may either:
(1) Apply for approval of drawings and specifications of improvements, and after approval construct such improvements and then apply for approval of final plat for recording; or
(2) Apply for approval of plans and specifications of improvements and of the final plat concurrently and furnish performance guarantees for the subsequent construction of the improvements.
(h) The Commission may approve the drawings and specifications for improvements; however, it may approve the final plat only after the improvements are installed or performance guarantees furnished.
(i) After approval, the final plat of the subdivision may be recorded by the developer and he may sell the lots.
(j) The developer shall offer for dedication the streets or other public areas and Council may accept same.
(k) The acceptance of streets and utilities for use and maintenance shall be by separate action of Council.
APPENDIX 2
FORMS FOR FINAL PLAT CERTIFICATIONS
Form 1 TITLE.
_______________________________________________ Subdivision
(name of)
Part of original tract
(municipality)
(Cuyahoga County)
Form 2 CERTIFICATE OF OWNERSHIP AND DEDICATION.
I (we) the undersigned (name lettered) owner(s) of
the property shown and described hereon as the
subdivision do hereby assent to and adopt this subdivision of the same, and
acknowledge that the same was made at our request and do hereby dedicate
to public use the street(s) (easements) (parks or other public areas) designated
in graphic symbols on this plat.
(owner) (signature) (Witness)
(lettered)
(owner) (signature)
(lettered)
Form 3 ACKNOWLEDGMENT BY INDIVIDUAL (directly below the above certificate).
State of Ohio )
County of Cuyahoga )
Before me, a Notary Public in and for the County and State, personally appeared the above who acknowledged that he, (she, or they) did sign the foregoing instrument and that the same is his (her or their) free act and deed.
IN WITNESS whereof, I have hereunto set my hand and official seal at
__________________, ___________________ this ___________ day of
(city) (state)
(month), (year).
Notary Public
My Commission expires
Form 3A ACKNOWLEDGMENT BY CORPORATION.
State of Ohio )
County of Cuyahoga )
Before me, a Notary Public, in and for the County and State, personally appeared , , president and ,
secretary, of _________________________ the corporation which executed the foregoing instrument, who acknowledged that they did sign such instrument as such president and secretary in behalf of such corporation and by authority of its Board of Directors; and that such instrument is their free act and deed individually and as such officers and the free and corporate act and deed of such corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal at , Ohio this ______ day of , 19___
_______________________
Notary Public
My Commission expires _______________________
Form 4 CERTIFICATE OF SURVEYOR
I hereby certify that I have prepared this survey and plat of ________________ subdivision and that the same is correct and accurate.
, 19____ ____________________________
Registered Surveyor-Ohio Serial No.
Form 5 APPROVAL BY PLANNING COMMISSION.
This plat of _________ subdivision has been approved by the Planning Commission of the Municipality of ______________ Ohio, by resolution adopted _____________________, 19
___________________________
Chairman
___________________________
Secretary
Form 6 CERTIFICATE OF THE APPROVAL OF REQUIRED IMPROVEMENTS.
I hereby certify that the pavements, utilities and other required improvements for the subdivision herein approved have been designed in accordance with the regulations and standards in effect that I have estimated the cost of materials and construction and performance guarantees in the amount of $ , have been posted with the __________________ to assure completion of all improvements in case of default.
__________________ , 19
date
___________________________
Municipal Engineer
Form 6A CERTIFICATE OF THE APPROVAL OF REQUIRED IMPROVEMENTS.
(not included on plat)
I hereby certify that pavements, utilities and other required land improvements for the _____________ subdivision approved by the Planning Commission on _________________ have been designed in accordance with the regulations and standards in effect, that I have inspected the installation of the same and find all improvements have been installed in accordance with the drawing and specifications therefor, and that the utilities and pavements are in good repair.
, 19
date
___________________________
Municipal Engineer
Form 7 ACCEPTANCE OF PUBLIC LANDS BY COUNCIL.
The public street(s) (park) (playground) (easements) or (other public areas) as noted hereon in graphic symbols were accepted for dedication by Council of the
Municipality of _________________, Ohio by Ordinance No. .
, 19
______________________
President
______________________
Clerk
Form 8 ACCEPTANCE OF STREET AND UTILITIES FOR PUBLIC USE.
(Separate ordinance - not included on plat)
The public street(s) accepted heretofore for dedication and the public utilities has (have) been found to be constructed in accordance with the drawing, specifications and design standards in effect and in good repair, is (are) hereby accepted for public use and maintenance by Council of the Municipality of
____________________, Ohio by Ordinance No. .
____________________ ,19 ___
______________________
President
____________________
Clerk
Form 9 COUNTY RECORDS.
Transferred this ______________ day of , 19 .
______________________
Cuyahoga County Auditor
Recorded in Plat Book , Page No.
this ____________ day of , 19 .
______________________
Cuyahoga County Recorder
APPENDIX 3
FORMS FOR PERFORMANCE BONDS
_______________ Ohio
Municipality
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, , Principal herein is the owner and developer of the _______________________ Subdivision located in Cuyahoga County, Ohio, and
WHEREAS, the drawings and specifications of such Subdivision showing the location, construction and installation requirements for street pavements, curbs, sidewalks, sewers, water mains and other land improvements therein have been filed with the Planning Commission and by it approved, which drawings and specifications are hereby incorporated herein by reference as if set forth at length and made a part of this instrument, and
WHEREAS, the Principal has obligated himself (or itself) and does hereby agree to complete the construction and installation of all street pavements, curbs, sidewalks, sewers, water mains and all other land improvements in such Subdivision in accordance with such drawings and specifications now on file,
NOW, THEREFORE, THE , as Principal and __________________ , as Surety, do hereby firmly bind ourselves, our heirs, executors, administrators and successors unto the Municipality of _____, Ohio, in the sum of $______________ conditioned upon the performance by the Principal of his (or its) undertaking herein, and his (or its) completion of the construction of all the street pavements, curbs, sidewalks, sewers, water mains and all other land improvements to be located within such _________________ Subdivision as required in accordance with the drawings and specifications therefore, all of which are to be completed on or before the ________ day of ______________19___ and upon the completion thereof and their approval by the Engineer of the Municipality of , this obligation to be null and void, otherwise to remain in full force and effect:
WITNESS our hands this ______________ day of _____________19 .
WITNESS:
PRINCIPAL
SURETY
APPENDIX 4
FORM FOR RESOLUTION ACCEPTING THE DEDICATION OF STREETS
AND APPROVING THE DEVELOPMENT OF THE SUBDIVISION
WHEREAS, the Developer ______________ heretofore on the _______ day of __________________, 19 , applied to the Planning Commission of _______________, Ohio for the approval of a preliminary plan of a subdivision located in and submitted in support thereof maps, plans and other data, all as required by the Land Planning and Subdivision Code, adopted by Council, Ordinance Number ________________, date; and
WHEREAS, the Planning Commission reviewed such maps, plans and other data for such Subdivision and found that the same complied with such Ordinance Number , thereafter on the _______ day of ____________________, 19 __, the Commission approved such preliminary plan, (on condition that
(State conditions)
,).
(If conditional approval)
WHEREAS, the Developer has now complied with each of the conditions of approval as established by the Planning Commission; and
WHEREAS, the Developer has filed on the day of , 19_, a final plat designated and drawings, specifications and other information for the improvements of the land within such plat as required by the Land Planning and Subdivision Code and has requested the approval thereof; and
WHEREAS, the Municipal Engineer has reviewed and approved such final plat and the drawings, specifications and other information relating to the improvements of the land within such plat, each of which are designated as follows:
FINAL PLAT PREPARED BY DATE
DRAWINGS PREPARED BY NUMBER AND DATE
SPECIFICATIONS PREPARED BY DATE
(If improvements not installed)
WHEREAS, the Municipal Engineer has reported to Council that his estimate of the cost of the completion of the improvements described in such drawings and specifications is $____________ ; and
WHEREAS, the Developer has filed with the Clerk of Council:
(a) Performance guarantees as described in the Land Planning and Subdivision Code in the amount of $_______________;
(b) Liability insurance in the amount required by the Land Planning and Subdivision Code;
(c) The sum of $_______________ as a deposit for the pavement maintenance fund; and
(d) The sum of $_______________ as a deposit to underwrite the cost of the inspection by the officer or employees of the Municipality of the construction and the proposed improvements;
all of which amounts are in accordance with the estimates reported to Council by the Municipal Engineer and required by the Land Planning and Subdivision Code; and
(If improvements partially installed - alternate form)
WHEREAS, the Municipal Engineer has reported that ________________________
(List of improvements installed)
shown on such final plat and described in such drawings and specifications have been satisfactorily completed, and has further reported that his estimate of the cost of the remaining improvements to be installed is $______________ ; and
(If improvements partially installed)
WHEREAS, the Developer has filed with the Clerk of Council:
(a) Performance guarantees as described in the Land Planning and Subdivision Code in the amount of $______________ ;
(b) Liability insurance in the amount required by the Land Planning and Subdivision Code;
(c) The sum of $______________ as a deposit for the pavement maintenance fund; and
(d) The sum of $______________ as a deposit to underwrite the cost of the inspection by the officer or employees of the Municipality of the construction and the proposed improvements; all of which amounts are in accordance with the estimates reported to Council by the Municipal Engineer and required by the Land Planning and Subdivision Code; and
(If improvements are completely installed)
WHEREAS, the Municipal Engineer has reported that all of the improvements to the land as shown on such final plat and described in such drawings and specifications have been satisfactorily completed and the Developer has filed with the Clerk of Council the sum of $______________ as a deposit for the pavement maintenance fund, which amount has been estimated by the Municipal Engineer as required; and
WHEREAS, the Developer by such final plat has offered for dedication for public use certain land for streets, alleys, public grounds and easements, all as shown and described on such final plat;
BE IT RESOLVED by Council of the City of , Ohio, that:
(a) Council of the City of , Ohio, does hereby accept and approve the above described final plat, drawings and specifications;
(b) Council of the City of , Ohio, does hereby authorize the Developer to proceed with the Construction of the improvements to the extent not herein installed in accordance with all the documents by this resolution approved, provided that such work shall be started not less than days from the effective date of this resolution and be completed not later than the _________ day of , 19___.
(c) The final plat of such Subdivision be and the same is hereby approved and accepted and that the dedication to the public use of the streets, alleys, public grounds and easements, all as shown thereon, be and the same is hereby accepted and confirmed.
(d) The Clerk of Council be and is hereby authorized to cause such final plat to be recorded with the Recorder of Cuyahoga County as provided by law upon the receipt by such Clerk from the Developer of the fees to be paid to effect such recording and upon the delivery to such Clerk of a statement of title guarantee in an amount of $______________ issued by a title company approved by such Clerk showing title to the streets, alleys, public grounds and easements shown on such final plat to be good in the ________________ of _______________ free and clear of all encumbrances whatsoever as of the date and hour of the filing of such final plat for record.
(Usual enacting clauses)