In planning and developing a subdivision, the subdivider or his or her agent shall in every case pursue the following procedure.
(a) Preparation and filing of preliminary plat. The subdivider shall prepare a preliminary plat of the proposed subdivision which shall conform with the requirements set forth in Chapter 1244, and shall file with the Secretary an application in writing for the approval of the preliminary plat, accompanied by 20 blueprints, and one sepia, at least two weeks prior to the meeting of the Commission at which action is desired.
(Ord. 1985-48, passed 4-1-1985)
(b) Plat to be checked by Commission; copy to Engineer. The preliminary plat shall be checked by the Commission as to its conformity with any Major Street Plan in effect at the time of submission of the plat, and with the principles, standards and requirements hereinafter set forth, and the Secretary shall transmit a copy of the preliminary plat to the City Engineer for recommendations concerning matters within his or her jurisdiction.
(Ord. 1976-56, passed 5-17-1976)
(c) Notice to adjoining property owners of filing of subdivision plat. Upon receipt of the preliminary plat of a proposed major subdivision which has been presented to the Commission for approval, the Commission shall send notice, by first-class mail, of the filing thereof to property owners within 400 feet of the property boundary of the proposed major subdivision. Upon receipt of the preliminary plat of a proposed minor subdivision which has been presented to the Commission for approval, the Commission shall send notice, by first-class mail, of the filing thereof to adjoining property owners. A reasonable time, as set forth in the notice, shall be allowed for a reply from the property owners before action is taken on the preliminary plat by the Commission. If the applicant is the only adjoining property owner to whom the notice is to be sent, the requirements of this division (c) may be waived.
(Ord. 2000-123, passed 7-17-2000)
(d) Approval or disapproval of plat.
(1) The Commission shall approve or disapprove the preliminary plat, or approve it with modifications, within 180 days of the filing thereof, noting any changes thereon that are required.
(2) The Commission approval shall be confirmed by resolution of Council, pursuant to § 1242.01(a). One copy shall be returned to the subdivider with the date of the approval or disapproval endorsed thereon. A similar copy shall also be transmitted to the City Engineer.
(e) Conformity to plans and specifications; performance and maintenance bond requirements. Upon approval by Council of the preliminary plat, the subdivider may then secure all necessary permits to proceed with the improvements required under Chapter 1250, upon payment of the fees required under § 1240.03. All improvements shall be constructed or installed in strict accordance with the plans and specifications approved by the City Engineer. No changes or modifications in the plans or specifications shall be allowed except upon written authorization of the Engineer. The subdivider shall file with the city two complete sets of plans and specifications for all improvements, including any authorized changes or modifications, to be retained by the city upon completion of the improvements. Prior to the commencing of the required improvements, the subdivider shall execute and file with the Director of Finance an agreement and performance bond or equivalent financial guarantee in the amount determined by Council, in form satisfactory to the Director of Law, equal to the approximate total cost of such improvements, which shall insure the city that the improvements shall be completed as planned. The subdivider shall be further required to file with the Director of Finance a policy of liability insurance or bond, in an amount determined by the City Engineer, which shall provide that for a period of five years from commencement of construction of the subdivision all adjacent and downstream property owners will be insured for any damage which may be occasioned by increased stormwater runoff and drainage from the subdivision. If the subdivider elects to commence construction of dwellings or other structures, making it necessary that a means of ingress and egress be provided over streets in the subdivision, then the subdivider shall improve the street prior to the approval of the final plat to the extent necessary, in the opinion of the Engineer, to provide satisfactory access to dwellings and structures on the street until such time as the street is fully improved in accordance with the approved plans and specifications and with the terms of the performance bond or equivalent financial guarantee. To ensure that all streets are properly maintained to provide access, the subdivider shall deposit a cash bond in addition to the performance bond, with the Director of Finance, in an amount deemed necessary by the Engineer, from which all current maintenance costs shall be paid until the street is fully improved, dedication is offered and accepted, and the two-year maintenance bond required by division (f) hereof is filed. The subdivider may use the cash bond or any portion of it from time to time to pay for all maintenance expenses, but if he or she should fail to maintain the street properly, then upon request of the Engineer, the city may use such bond to perform necessary maintenance upon giving the subdivider 48 hours written notice by certified mail of its intention to do so. Any reduction in the amount of the cash bond for the above listed purposes shall be promptly made up by the developer so as to return the cash bond to its original amount.
(Ord. 1985-44, passed 5-20-1985)
(f) Final plat; certificate of title. Within 90 days after the completion of all required improvements in accordance with the standards and specifications of the city pertaining to such improvements and to the written satisfaction of the City Engineer, the subdivider shall file with the Secretary an original drawing of ink on polyester drafting film, together with 18 prints, of the final plat, together with a copy of the surveyor’s calculations for the subdivision lots and lands and any other data the City Engineer may require to process the drawing and all meeting the requirements stipulated in Chapter 1246, and such improvements shall be offered to the city for approval and acceptance as hereinafter set forth. The approval and acceptance by the city shall not take place until the subdivider has posted a two-year maintenance bond in an amount satisfactory to the City Engineer and in a form approved by the Director of Law, to ensure the city that the improvements shall be properly maintained for a period of two years after the date of approval and acceptance by Council. The final plat shall be accompanied by a certificate of title showing that the ownership of all lands to be dedicated to public use is free and unencumbered. The final plat shall be filed with the Secretary at least two weeks prior to the meeting of the Commission at which the action is desired.
(g) Engineer’s report and duties. The City Engineer shall check the final plat as to computations, certifications, lot areas and numbers, monuments and the like. If found satisfactory, he or she shall transmit the required copies of the final plat to the Commission, together with the certificate of title and a threefold letter stating:
(1) That the technical details of the plat itself have been checked and found satisfactory;
(2) That all improvements have been completed in accordance with the standards and specifications of the city and to his or her satisfaction; and
(3) A. That the subdivider has posted the required maintenance bond which shall extend for two years from the date of approval and acceptance by Council.
B. Ninety days prior to the expiration of any bond referred to in this chapter, the Engineer shall so advise the Mayor, Council and the Planning Commission and provide them with a written report as to the status of the subdivision and particularly that portion effected by the bond about to expire. A copy of this report shall be sent to the developer or owner.
(h) Approval of final plat. After the final plat, together with such certificates, has been received, and provided that the final plat is found to conform with the preliminary plat as approved and with the requirements set forth in these Regulations, the Commission shall give the final plat its final approval and endorse the same thereon. Ten prints shall be transmitted by the Commission to Council for necessary action on any proposed acceptance and dedication. The original drawing shall then be endorsed and shall be immediately returned to the subdivider. The final plat of the subdivision so approved shall then be filed for record by the developer in the office of the Recorder of Cuyahoga County, Ohio, no later than 60 days after approval by the city.
(i) Approval of final plat for record purposes only. Upon written request of the subdivider, the Commission may approve a final plat for record purposes only, before all of the required improvements are installed or secured by the required performance bond or equivalent financial guarantee, provided that an appropriate legend is shown on the face of the plat to the effect that such approval shall not constitute the acceptance of the dedication of any streets, easements or public grounds shown thereon, and further, that no dwelling, building or other structure may be erected on any lot until all of the improvements required under this Planning and Zoning Code have been installed and approved or a satisfactory performance bond or equivalent financial guarantee has been filed to ensure such installation.
(Ord. 1982-52, passed 11-15-1982)