No record map shall be approved for record purposes, and no building permits shall be issued on any street which has not been accepted as a public thoroughfare by the Municipality, unless and until the following procedure has been complied with:
(1) All necessary easements, covering the street and other areas, must be filed with the Law Director.
(2) Assessment bonds, performance bonds, or in lieu thereof cash placed in escrow or any combination of the foregoing, guaranteeing the installation of all street improvements in amounts equal to one hundred percent (100%) of the Engineer's estimate of cost for such improvements, or, in the event that firm bids have been received or contracts let, one hundred percent (100%) of the bid price or contract price for such improvements, shall be approved by the Law Director and filed with the Clerk; provided, however, that should the Council determine that the development of certain lands will provide Municipal-wide benefits that could not otherwise be realized, and that due to the owner's financial condition or other obstacles, strict enforcement of the terms of this provision would deprive the Municipality of such benefits, then, and in that event, Council may consider the approval of a record map, or a portion thereof, for record purposes without the posting of the performance bonds or cash, upon the filing of a written agreement between the owner and the Municipality, providing that the entire proceeds of the first lots sold, up to an amount equal to one hundred percent (100%) of the Engineer's estimate of the cost of all street improvements for the entire plat on which approval is sought, shall be placed in escrow to guarantee the installation of the improvements.
(3) With respect to the development of residential subdivisions, in order to assure payment of the expenses of consultations with the Engineer or Law Director, checking of engineering drawings, field inspection of improvements, installation of other engineering improvements in the Municipality (the necessity of which are caused or enhanced by the installation of the allotment), review of performance bonds, and preparation and/or review of written agreements as provided in paragraph (2) hereof, a sum equal to one percent (1%) of the total cost of the improvement, as estimated by the Engineer shall be deposited with the Finance Director. Upon final completion of the allotment, and upon certification by the Engineer and Law Director that all expenses and charges with respect to such allotment have been paid in full, the deposit as hereinbefore provided shall be refunded.
(3.1) With respect to the development of commercial subdivisions, in order to assure payment of the expenses of consultation with the Engineer or Law Director, checking of engineering drawings, field inspection of improvements, installation of other engineering improvements in the Municipality (the necessity of which are caused or enhanced by the installation of the allotment), review of performance bonds, and preparation and/or review of written agreements, a sum, set forth as follows, shall be deposited with the Finance Director:
Fee | Building Area |
$3,000.00 | Up to and including 20,000 square feet |
500.00 | For each 1,000 square feet in excess of 20,000 square feet |
A minimum fee of three thousand dollars ($3,000) shall be charged for any commercial development.
The developer shall be compelled to maintain the balance in his deposit account in an amount equal to or exceeding forty percent of the original amount of his deposit as required by this paragraph. Upon final completion of the allotment, and upon certification by the Engineer and Law Director that all expenses and charges with respect to such allotment have been paid in full, the deposit as hereinbefore provided shall be refunded.
(4) The owner, or his successors or assigns, shall cause to be deposited at the time of making application for dedication and acceptance of streets within the subdivision, a guarantee maintenance bond with the Finance Director in the amount of ten percent of the total cost of such street improvements as estimated by the City Engineer. Such bond shall guarantee that materials and workmanship of all concrete streets within the subdivision are proper and free of defect. Such bond shall further guarantee that all catch basins, sewer cleanout stand pipes, water shut off boxes, manholes, fire hydrants and surface drainage in such allotment are in good working condition and free of hidden defects, and that any settling of the pavement due to crossovers for utility lines will be properly repaired. The bond is to run for a period of three years beyond final dedication and acceptance of the allotment. If, during this three-year period, structural defects other than normal deterioration or wear and tear occur, the owner shall be notified to make such necessary repairs as determined by the City Engineer. Failure of the owner to make such repair within sixty days, or such further time as Council determines, shall constitute authority to the City to use proceeds of such maintenance bond or portion thereof to be used for the repair of such defects.
(5) Six prints of the improved plans under (a) through (e) of this subsection (5), showing the following data, shall be submitted to the City Engineer who shall recommend either approval or disapproval thereof to the Planning, Zoning and Building Codes Committee of Council, which committee shall then either approve or disapprove such plans:
(a) Street Grading and Paving Plan - showing detailed construction sections and specifications, center line and proposed building line.
(b) Sanitary Sewers - where sanitary sewer installations are required, the tracing and prints shall indicate same and shall bear the approval of the County Sanitary Engineer.
(c) Storm Sewers: Septic Tanks - when the septic tank method of sewage disposal is proposed the tracing and prints shall indicate same, and shall be accompanied by a letter indicating the County Board of Health approval for use of septic tanks in the particular area. All open ditches carrying surface waters through and within such subdivision shall be suitably enclosed or improved by pipe, culvert or other means as determined by the City Engineer, with concrete.
(d) Water Mains - when water mains are to be installed, the tracing and prints shall indicate same and shall bear the approval of the City of Cleveland Department of Public Utilities.
(e) All Sewer and Water Plans - shall include sewer and water connection installations for each lot in the subdivision.
(f) Five Approved Prints - shall be retained by the Municipality, and a signed print returned to the owner. When requested by the Municipality, duplicate tracings of approved plans shall be furnished by the owner.
(g) The Tracing - provided for herein shall be drawn to a scale of fifty feet to one inch.
(6) No plat or record map of a proposed street or allotment showing or otherwise containing or including reserve strips controlling access to public ways, or showing or otherwise containing or including strips of land which will not prove taxable for special improvements, will be approved; provided, however, that such reserve strips may be shown when the control and disposal of land comprising such strips are definitely placed with the City under conditions meeting the approval of the Law Director.
(7) The owner, or his successors or assigns, shall cause to be deposited with the City a cash bond in an amount to be determined by the City Engineer, taking into account the number and length of access roads leading to lands to be improved. Such cash bond shall guarantee the repair of any possible damage to access roads leading to lands to be improved, occasioned by equipment used in the development of such lands by such owner. Upon the completion of the development of the lands to be improved, the City Engineer shall inspect and determine the type and amount of repair required, if any, to such access roads and upon the Engineer's certification of satisfactory repair or condition of such access roads, the cash bond will be refunded to such owner. Such bond shall be defaulted to the City if such owner fails or neglects to make the required repairs as determined by the City Engineer.
(Ord. 46-1985. Passed 9-9-85.)
(8) With respect to residential subdivisions, for the purposes of providing adequate play areas and parks for public use within the City, the developer or subdivider shall deposit in the General Fund of the City, prior to final approval of the record map by Council, seven hundred fifty dollars ($750.00) for each proposed sublot as contained in such proposed subdivision. Such funds shall be expended for capital improvements only, such as the purchase of land and equipment for the City parks.
(9) With respect to residential subdivisions, prior to final approval of the record map by Council, the subdivider shall pay to the Municipality the sum of two hundred fifty dollars ($250.00) per lot for all lots as contained in such new subdivision, for the providing and planting of trees by the Municipality for each such lot in such new subdivision in the Municipality. The planting of such street trees shall be accomplished in accordance with the Master Street Tree Plan of the Municipality. (Ord. 80-2016. Passed 6-27-16.)
(10) With respect to commercial subdivisions, for purposes of providing and maintaining play areas and parks for public use within the City, the developer or subdivider shall deposit in the General Fund of the City, prior to final approval of the record map by Council, a sum set forth as follows:
Fee | Land Area |
$ 2,000.00 | Up to and including 25,000 square feet |
2,000.00 | For each additional 25,000 square feet or fraction thereof |
A minimum fee of two thousand dollars ($2,000) shall be charged. Such funds shall be expended for capital improvements only.
(11) With respect to commercial subdivisions, prior to final approval of the record map by Council, the subdivider shall pay to the Municipality the sum set forth below for the providing and planting of trees by the Municipality:
Fee | Land Area |
$2,000.00 | Up to and including 25,000 square feet |
1,000.00 | For each additional 25,000 square feet or fraction thereof |
A minimum fee of two thousand dollars ($2,000) shall be charged. | |
(Ord. 110-2008. Passed 10-14-08.)