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(a) No excavation or site improvements shall be started, nor shall any building or structure be erected, altered or moved, until a building permit therefor has been applied for and received by the owner of the premises or a person legally acting under written authority of such owner, and issued by the Zoning Administrator. No permit shall be issued until:
(1) The work described in the application clearly complies with all provisions of this Planning and Zoning Code and other applicable laws and regulations. The Zoning Administrator shall have no power to grant variances or exceptions to this Code.
(2) The Zoning Administrator has approved the application for the permit. Such approval shall be granted only when:
A. The Zoning Administrator finds that all applicable requirements and standards of this Code have been complied with;
B. The Planning Commission has approved the proposed development as a conditional use in accordance with the procedures described in this Title; or
C. The application has been submitted to and approved by the Zoning and Building Standards Board of Appeals in accordance with the limitations, procedures and requirements of this Title.
(3) The City Architect has approved all one-family and two-family detached residences and improvements pertinent thereto in accordance with the standards and procedures of this Code.
(4) The Architectural Review Board has approved the application for planned use developments, multi-family uses, uses in Commercial Districts and uses in Manufacturing Districts in accordance with the standards and procedures of this Code.
(b) (EDITOR'S NOTE: Division (b) was repealed by Ordinance 08-03, passed June 9, 2003.)
(c) The Zoning Administrator shall provide written forms in quadruplicate upon which all applications for a building permit shall be made. No application for a building permit shall be accepted unless it is accompanied by three sets of the following drawings and information:
(1) A plat showing the dimensions of the lot to be developed, the lot number, information as to any unusual natural or topographic features and evidence that the lot has been surveyed and properly located.
(2) A site plan, drawn to scale, showing the location of proposed and existing buildings, driveways, parking areas, walks and landscaping, proposed finished grades and the dimensions of the aforesaid features, and the location, dimensions and use of all buildings on adjacent lots within fifty feet from the lot lines thereof.
(3) City Architectural plans and elevations of the proposed building, structure or use, including signs and screen walls, drawn to scale and properly dimensioned, showing all architectural features and indicating exterior finishes, materials and colors to be utilized.
(4) Such other drawings and information as may be required by the Zoning Administrator, the City Architect or the Architectural Review Board.
(d) Each application for a building permit shall be accompanied by a fee as established by Chapter 765.
(e) The Zoning Administrator shall submit copies of each building permit application and accompanying drawings and information, within five days of the date of acceptance of the application, to the City Architect or the Architectural Review Board, as provided for in this chapter.
(f) The City Architect shall submit his or her findings for all one-family and two-family detached residences and improvements pertinent thereto in writing to the Zoning Administrator within the time limit provided in Section 762.03(f), unless the City Architect finds that a conditional use approval is required, in which case the provisions of Section 762.05 shall apply, and the City Architect shall so notify the Zoning
Administrator. If the City Architect fails to submit findings within such time limit, the Zoning Administrator shall record that the City Architect has approved such application.
(g) The Architectural Review Board shall submit its findings for planned use developments, multi-family uses, uses in Commercial Districts and uses in Manufacturing Districts in writing to the Zoning Administrator within the time limit provided in Section 762.12(e). If the Architectural Review Board finds that a conditional use approval is required, the provisions of Section 762.05 shall apply, and the Architectural Review Board shall so notify the Zoning Administrator. If the Architectural Review Board fails to submit findings within such time limit, the Zoning Administrator shall record that the Architectural Review Board has approved such application.
(h) The Zoning Administrator shall review all applications for a building permit for compliance with this Code and other applicable laws and regulations and record the findings of the City Architect. The Zoning Administrator shall appropriately notify the applicant in writing within seventy-five days of the date of the application. Copies of such notification shall also be submitted to the City Council, the Planning Commission, the City Architect and the Architectural Review Board.
(i) No building permit shall be transferable.
(j) A building permit shall become null and void under any of the following circumstances:
(1) If construction, alteration, excavation or development of the proposed building, structure or use has not been initiated within one year of the date of approval of such permit.
(2) If, after construction has commenced, the Zoning Administrator finds that reasonable progress has not been made toward completion of the required work for a period of six months. After six months, a vote of City Council can authorize the building to be demolished and the site returned to a clean and usable condition. The cost of demolition shall be billed to the owner. This period may be extended by the Zoning Administrator if it is found that extraordinary circumstances exist beyond the control of the applicant.
(3) If any violation, alteration or change in the terms, documents, conditions and requirements of approval for such permit is found.
(4) If any error in the interpretation or application of this Code or any other applicable law or regulation is found.
(5) If any misstatement of a material fact or any fraudulent claim is found in the application or subsequent proceedings.
(6) If it is declared to be a public nuisance.
The Zoning Administrator shall notify the applicant in writing if a building permit is found to be null and void, stating the reasons for such action, and issue a written order to the applicant to stop construction
or use and to demolish such building or other structure. Copies of such notification and orders shall be submitted to the City Council, the Planning Commission, the Zoning Administrator, the City Architect and the Architectural Review Board.
(Ord. 73-00. Passed 5-14-01.)
(a) No land shall be occupied or used, and no building hereafter erected, altered or extended shall be used or changed in use, until a certificate of occupancy shall have been issued by the Zoning Administrator, stating that the building or proposed use thereof complies with the provisions of this Planning and Zoning Code and other applicable codes, and no nonconforming use shall hereafter be used, occupied, maintained, renewed, changed or extended unless a certificate of occupancy shall have been issued by the Zoning Administrator in conformity with the provisions of Title Five.
(b) The Zoning Administrator shall not issue any certificate of occupancy for all one-family and two-family detached residences and improvements pertinent thereto without the approval of the City Architect, or any planned use development, multi-family use, use in Commercial Districts and use in Manufacturing Districts without the approval of the Architectural Review Board, showing that all provisions of this Code have been complied with and that no term, condition or requirement of the building permit resulting from the application of any provision of this Code has been violated.
(c) A certificate of occupancy for a new building or for an altered existing building shall be applied for at the same time as the application for a building permit. Such certificate of occupancy shall only be issued after the erection or alteration of such building has been completed and found, by inspection, to be in conformity with the provisions of this Code and other applicable codes.
Pending the issuance of a regular certificate of occupancy, a temporary certificate for partial occupancy of a building may be issued for a period not exceeding six months, during which time alterations are being made. A completion bond, the amount to be set by the Zoning Administrator, must be provided.
It shall be the responsibility of the property owner or his or her agent to have property properly graded and seeded to insure that erosion and/or surface run-off will not occur onto contiguous property and to prevent the holding of water or growing of weeds which create health and sanitary problems Such grading and seeding shall be completed prior to the issuance of a certificate of occupancy. A temporary certificate of occupancy may be issued by the Zoning Administrator for a period not to exceed six months for reasons of adverse climatic conditions.
(d) A certificate of occupancy shall be required for the use of or for a change in the use of a conforming building or land, and shall be issued when found by inspection to be in conformity with the provisions of this Code and other applicable codes.
(e) Upon application by the owner, the Zoning Administrator shall inspect a building or tract of land existing on the effective date of this Code and shall issue a certificate of occupancy therefor if the use of such building or land conforms to all the provisions of this Code.
(Ord. 73-00. Passed 5-14-01; Ord. 08-03. Passed 6-9-03.)
(a) An application for an appeal or variance, when permitted according to Section 761.04, shall be made to the Zoning Administrator in writing by the owner of the lot, parcel, building or structure in question, or his or her authorized agent, and shall be accompanied by all necessary documents, in accordance with the form provided by the Zoning Administrator, and the fee as established by Chapter 765.
(b) An application shall not be accepted, nor any appeal entertained, unless such application is made within twenty days of the formal action against which the appeal is being made.
(c) The Zoning Administrator shall submit the application for an appeal or variance to the Zoning and Building Standards Board of Appeals at its next meeting following acceptance of the application. The Zoning Administrator shall also prepare and submit a written report to the Board of Appeals of all investigations, facts and findings deemed by him or her to be pertinent to the case.
(d) Before making any decision on an appeal or variance, the Board of Appeals shall hold a public hearing. Such hearing shall be held within sixty days of acceptance of the application for the appeal or variance by the Zoning Administrator.
(e) The Board of Appeals shall fix the date for the public hearing. Notices of the time and place of such hearing shall be mailed by the Zoning Administrator to the appellant or applicant, to all Councilmen, to owners of all property within 200 feet of the site, lot or parcel in question and to owners of any other property deemed by the Zoning Administrator to be affected. Owners and addresses shall be determined from current records of the County Auditor. The Zoning Administrator shall also cause notice of such hearing to be published once weekly for two successive weeks prior thereto in a newspaper of general circulation within the City of South Euclid.
(f) The Board of Appeals shall reach a decision on an appeal or variance request within forty-five days of the date of such hearing. The Zoning Administrator shall notify the applicant in writing of the decision of the Board of Appeals and shall maintain a detailed report of the proceedings and decisions of the Board of Appeals on each appeal or variance heard by the Board of Appeals. Such report shall be open to public inspection and copies shall be sent forthwith to each interested party, the Planning Commission and City Council.
(g) Within five days of the granting of an appeal or variance by the Board of Appeals, the Zoning Administrator shall approve the application for the building permit or certificate of occupancy in question in accordance with the terms of Sections 762.01 and 762.02. Any building permit or certificate of occupancy issued as a result of a decision of the Board of Appeals shall be subject to all other limitations and provisions of Sections 762.01 and 762.02.
The following graphic display of the Appeals and Variances Procedure provides a visual expression and is intended to aide in the interpretation of the regulation.
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(Ord. 73-06. Passed 6-11-07.)
(a) Approval Required. When a proposed use is permitted in a zoning district as a conditional use, as set forth in the district regulations, a conditional use application shall be required and such application shall be submitted and reviewed according to the requirements in this section.
(b) Determination. Whenever an application for a building permit or certificate of occupancy is submitted, the Zoning Administrator shall determine if conditional use approval is required, based on conditional uses stated in Chapters 722 and 732.
(1) Upon such determination, the application for the building permit or certificate of occupancy shall not be processed by the Zoning Administrator until conditional use approval has been recommended by the Planning Commission in accordance with the provisions and requirements of this section and approved by a majority vote of the members elected to Council.
(2) The Zoning Administrator shall notify the applicant of such determination and shall indicate on the application for such building permit or certificate of occupancy that a conditional use application is required.
(c) Application Required. The applicant shall submit to the Zoning Inspector a conditional use application that shall include drawings and documents as may be deemed necessary by the Zoning Administrator and shall pay an additional fee as set forth in Chapter 765. The applicant shall submit the number of copies required, as determined by the Zoning Administrator. The Zoning Administrator may request any documentation determined essential for the evaluation of the proposed conditional use and its impacts on surrounding uses.
(d) Application Accepted. Within ten days after receiving an application for conditional use certificate, the Zoning Administrator shall review the submitted application for completeness.
(1) If the Zoning Administrator determines that the application does not include all the drawings and documents requested by the Zoning Administrator in division (c) of this section, the Zoning Administrator shall notify the applicant that the application is incomplete and shall identify the additional information needed.
(2) When the application is deemed complete and the application fee has been paid, the Zoning Administrator shall officially accept the application for consideration by the Planning Commission and place it on the Planning Commission's agenda.
(3) The Zoning Administrator shall forward the application to the appropriate City departments and professional consultants for review and comment. Any reports, comments, or expert opinions shall be returned to the Zoning Administrator within ten days from the date the application is accepted.
(4) The Zoning Administrator shall review the application for compliance with the Planning and Zoning Code and shall notify the applicant of any areas of noncompliance. At that time, the applicant shall have the right to:
A. Modify the application in a manner that corrects the noncompliance; or
B. Proceed with the application review process. The applicant shall be informed that the Planning Commission has the authority to either deny the application due to noncompliance or authorize the applicant to apply to the Board of Appeals for a variance.
(5) The Zoning Administrator shall prepare and submit a written report to the Planning Commission of all investigations, facts and findings deemed by him or her to be pertinent to the case.
(6) The Zoning Administrator shall transmit the application and all drawings to the Planning Commission at its next meeting.
(e) Public Hearing. Before making any recommendation to Council on any application for conditional use approval, the Planning Commission shall hold a public hearing.
(1) Such public hearing shall be held within 60 days of acceptance of the application by the Zoning Administrator. Where such proposed conditional use requires or includes a subdivision or re-subdivision of land, such public hearing shall be combined with the required public hearing for subdivision application.
(2) The Planning Commission shall fix the date for the public hearing. Notices of the time and place of such public hearing shall be mailed by the Zoning Administrator to the applicant, to owners of all property within 200 feet of the site, lot or parcel in question and to owners of any other property deemed by the Zoning Administrator to be affected. Owners and addresses shall be determined from the current records of the County Recorder.
(3) The Zoning Administrator shall also cause notice of such public hearing to be published twice for two successive weeks prior thereto in a newspaper of general circulation within South Euclid.
(f) Planning Commission Review. The Planning Commission shall review the proposed conditional use, as presented on the submitted plans and specifications, to determine whether or not the proposed use is appropriate and in keeping with the purpose and intent of this Planning and Zoning Code. The Planning Commission may require the applicant to submit such additional information as deemed necessary, including the carrying out of special studies and the provisions of expert advice.
(g) Planning Commission Recommendation.
(1) Within 75 days of the completion of the public hearing, the Planning Commission shall recommend that Council approve, disapprove, or approve with modifications, the proposed conditional use.
A. If the proposed conditional use is determined by the Planning Commission to be appropriate and in conformance with these regulations, the Planning Commission shall recommend approval of the conditional use. As part of the recommendation, the Planning Commission may include reasonable conditions on the proposed use to ensure that the development conforms to the intent and purposes of these regulations.
B. If the proposed conditional use is determined by the Planning Commission to be appropriate and in substantial conformance with these regulations, the Planning Commission shall recommend approval of the conditional use, subject to approval of a variance from the Board of Appeals. As part of the recommendation, the Planning Commission may include reasonable conditions on the proposed use to ensure that the development conforms to the intent and purposes of these regulations.
(2) Failure of the Planning Commission to act within 75 days of the completion of the public hearing on the conditional use application, or an extended period as may be agreed upon, shall at the election of the applicant be deemed a denial of the application.
(3) The Planning Commission's recommendation, along with the application, shall either be:
A. Transmitted to Council; or
B. Transmitted to the Board of Appeals when the applicant has been granted permission by the Planning Commission to seek a variance from the Board in accordance with division (h) below.
(h) Variances. A request for a variance from any requirement or condition imposed by these regulations and pertaining to an existing or proposed conditional use shall not be reviewed by the Board of Appeals unless the Planning Commission grants permission for the applicant to submit the variance request as part of the Planning Commission's review of a submitted conditional use application. The recommendation from the Board of Appeals on the request for variance, along with the recommendation from the Planning Commission on the conditional use shall be transmitted to City Council for their review of the conditional use application.
(i) Review and Action by City Council. City Council shall, within 120 days after receipt of the Planning Commission's recommendation regarding the conditional use, and recommendation of the Board of Appeals when applicable, approve, disapprove, or approve with modifications, the proposed conditional use. A majority vote of the members elected to Council shall be required.
(1) The purpose of Council's review shall be to confirm or deny the recommendation of the Planning Commission, and Board of Appeals, when applicable. In doing so, Council shall rely on the record of the Planning Commission, and Board of Appeals when applicable.
(2) City Council may, but is not required to, hold a public hearing.
(3) Failure of the City Council to act within 120 days from the date the recommendation from the Planning Commission, and Board of Appeals on the conditional use application, or an extended period as may be agreed upon, shall at the election of the applicant be deemed a denial of the application. In the event City Council conducts a public hearing, the 120-day period shall not include the time between the publishing the notice of the public hearing and the close of the public hearing.
(4) The Zoning Administrator shall notify the applicant in writing of the decision of Council and shall maintain a detailed report of the proceedings and decisions pertinent to the application. Such report shall be open to public inspection and copies shall be sent forthwith to each interested party, the Planning Commission and Council.
(j) Issuance of Permits/Certificates.
(2) Council's action and all conditions of approval of the conditional use shall be noted on all building permits and certificates of occupancy that pertain to such conditional use and which are subsequently issued and shall become part of the official terms, documents and conditions of these building permits and certificates of occupancy.
(k) Terms. Conditional use approval shall authorize a particular conditional use on the specific parcel for which it was approved. Conditional use approval granted pursuant to this chapter shall be valid only for the use and the operation of such use as specified on the certificate. The breach of any condition, safeguard or requirement shall constitute a violation of this Planning and Zoning Code.
(l) Approval Requirements. The Planning Commission shall not recommend approval and Council shall not approve any application for a conditional use unless it is determined that the following conditions have been met:
(1) All standards, requirements, provisions and conditions set forth for such conditional uses in the district in which the building or other structure or tract of land is to be located have been satisfied and complied with.
(2) The location, design or operation of the use shall not generate or tend to generate any hazardous, unsightly, noxious or objectionable condition detrimental to the health, safety and general welfare of the community.
(3) All other specific conditions determined to be necessary and appropriate by the Planning Commission in advising Council on the application, to carry out the purpose of this Planning and Zoning Code and of the zoning district in which such use is to be located, have been met.
(Ord. 74-06. Passed 6-11-07.)
The following general provisions apply to all subdivisions and resubdivisions of land within the corporate limits of South Euclid:
(a) Policy Guides. The regulations set forth in Sections 762.06, 762.07 and 762.08 are established to provide procedures by which the Zoning Administrator and Planning Commission shall administer these regulations in order to promote and protect the public health, safety, and general welfare and to ensure there is adequate and proper recording of all property and boundary lines to avoid boundary discrepancies in subsequent sales. The following policies provide overall guidelines for use in the review of subdivisions and are in addition to the more specific criteria set forth in Section 762.07 for minor subdivisions and resubdivisions, and Section 762.08 for major subdivisions.
(1) The currently adopted Comprehensive Plan is incorporated by reference herein and serves as the official policy statement of the City as to future development and redevelopment.
(2) Land to be subdivided should be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood, or other menace.
(3) Land should not be subdivided until adequate facilities and improvements exist or proper provision is made for such improvements as deemed necessary by the City Engineer.
(4) The existing and proposed improvements should conform and be properly related to the policies in all applicable plans and agreements adopted by the City, including but not limited to the Comprehensive Plan, infrastructure system, and the intent of this Planning and Zoning Code.
(5) Parcels should not be reduced to less than the minimum requirements established in the zoning regulations.
(b) Jurisdiction and Application.
(1) The rules and regulations contained herein shall apply to all subdivisions and re- subdivisions of land within the corporate limits of the City, including:
A. The division of any parcel of land shown as a unit or as contiguous units on the last preceding tax roll, into two or more parcels, sites, or lots, any one of which is less than five acres, for the purpose, whether immediate or future, of transfer of ownership.
B. The improvement of one or more parcels of land for one or more structures and involving the opening, widening or extension of any street or streets.
C. The division or allocation of land as open spaces for common use by owners, occupants or leaseholders.
D. The establishment of easements for the extension and maintenance of public sewer, water, storm drainage or other public facilities.
E. The re-subdivision of land which involves the modification or elimination of one or more existing property lines with no creation of additional parcels.
(2) No existing parcel or subdivision shall be modified except in accordance with these regulations and other applicable City codes.
(c) Plat Required. A plat shall be required for every subdivision and re-subdivision and all plats shall be reviewed by the Planning Commission.
(d) Approval Required.
(1) Prior to recording. No plat of any subdivision or re-subdivision shall be entitled to be recorded in the office of the County Recorder or have any validity until it has received final approval according to the procedures set forth in these Subdivision Regulations. Any plat that is recorded without prior City approval shall be considered invalid and the City Council may institute proceedings to have the plat stricken from the records of the County.
(2) Prior to sale of land. No owner or agent of the owner of any parcel subject to these regulations shall transfer, sell, agree to sell, or negotiate to sell any land by reference to, exhibition of, or use of, a plat of a subdivision or re-subdivision before such subdivision or re-subdivision is recorded according to the procedures set forth in these Subdivision Regulations. The description of such lot or parcel by metes and bounds in the instrument of transfer, or in other documents used in the process of selling or transferring, shall not exempt the transaction from these Subdivision Regulations.
(3) Prior to issuance of building permits and certificates of occupancy. No building permit or certificate of occupancy shall be issued until the following have been completed.
A. The subdivision or re-subdivision has been recorded according to the procedures set forth in these Subdivision Regulations.
B. The City Engineer states, in writing, that the improvements required by these Subdivision Regulations have been completed or their installation guaranteed.
(4) No building permit shall be issued for any unit served by a private street until the private street has been constructed and approved, so that all units to be served by the private street have access to a public street.
(5) Prior to dedication and acceptance of improvements. No street or other public improvement shall be accepted by the City until the subdivision plat is recorded.
(Ord. 75-06. Passed 6-11-07.)
Review of a division of real property classified as a minor subdivision or re-subdivision shall comply with the following procedures:
(a) Review Required.
(1) Review of a minor subdivision shall be conducted when the proposed division of a parcel of land complies with all of the following conditions:
A. The proposed subdivision is located along an existing public street and involves no opening of any new street or the widening or extension of any existing street.
B. The proposed division of a parcel involves the creation of no more than five lots from the original tract.
C. The proposed subdivision does not involve the division of land as open spaces for common use by owners, occupants or leaseholders.
D. The property has been surveyed and a sketch and legal description of the property or properties is submitted with the application.
(2) Review of a re-subdivision, including lot line adjustments and lot consolidations, shall be conducted when the proposed re-subdivision complies with all of the following conditions:
A. The proposed re-subdivision is located along an existing public street and involves no opening, widening or extension of any street.
B. No additional parcels are being created.
C. The property has been surveyed and a sketch and legal description of the property or properties is submitted with the application.
(b) Pre-Application Conference. In order to help minimize development planning costs, avoid misinterpretation and ensure compliance with the requirements of these Regulations, all applicants for minor subdivision or re-subdivision are encouraged to request a pre-application conference with the Zoning Administrator. At that time the Zoning Administrator shall determine whether the approval process authorized by this section can and should be utilized. The Zoning Administrator may require the applicant to submit any additional information he or she deems relevant to the proposal including, but not limited to, a copy of the tax map showing the land being subdivided and all lots subdivided from the original tract.
(c) Contents of Application. After determination by the Zoning Administrator that the proposed subdivision or re-subdivision qualifies for review according to this section, applicants for minor subdivision or re-subdivision approval shall submit a formal application to the Zoning Administrator. Unless otherwise specified, all maps and plans shall be drawn at a scale of not less than 100 feet to an inch, and shall include a north arrow and other information necessary for interpreting the material presented. All applications shall include the following documentation, unless specific items are determined by the Zoning Administrator to be inapplicable or unnecessary and the applicant is notified in writing:
(1) A completed application form provided by the Zoning Department accompanied by the required fee.
(2) A map, consisting of a single or multiple sheets of the same size to contain the following information:
A. The location of the parcel or parcels to be subdivided or re-subdivided by block and lot numbers.
B. The property owner and the name, stamp and professional status of the designer of the subdivision or re-subdivision, who shall be a licensed land surveyor or engineer, and the parcel numbers and owners' names of property located adjacent to the parcel or parcels to be subdivided or re-subdivided.
C. The location of the following existing and proposed features, including those existing on lots adjacent to the parcel or parcels to be subdivided or re-subdivided.
1. Property lines, with those that remain in their existing location shown as a solid line, those that are being moved or removed shown as a dashed line, and those that are new property lines shown as a solid line and clearly identified as a relocated or new property line.
2. Existing contours, with intervals of one foot, and indicating the boundaries of the parcels to be subdivided.
3. Dimensions of all existing and proposed property lines and area of the lots, before and after the subdivision or re-subdivision.
4. Location and floor area of all existing structures on the site, and dimensions of setbacks from existing and proposed property lines.
5. Location of all existing and proposed connections with existing water, sewer and other utility lines, and an indication of provision for and location of surface drainage facilities, if requested by the City Engineer.
6. Location, widths and purpose of all existing and proposed easements, parks and other public properties within the area to be subdivided. All areas proposed to be dedicated to public use shall be shown and so indicated, together with any conditions of such dedication.
7. Location and names of watercourses and other essential features.
8. Location, names and widths of existing adjacent street(s) and points of access from such street(s). If a lot does not front on a street, the manner in which access is provided shall be indicated.
9. The limits of FEMA-designated floodplains and floodways, where applicable.
10. Indication of the existing zoning classification of each parcel.
(3) An outline and description of the improvements to be provided and such preliminary drawings and information for said improvements as may be required by the City Engineer.
(4) A legal description, which shall be accompanied by a certified Title Search, and a map survey of the boundaries of the parcel or parcels to be subdivided, made and certified by a licensed land surveyor and prepared in accordance with the provisions of O.A.C. 4733-37-05 "Plat of Survey". The locations of all monuments shall be referenced to the nearest approved control point as directed by the City Engineer where and if such control points are in existence. In the absence of such a control point, the subdivider shall establish monuments for the subdivision to the satisfaction of the City Engineer.
(5) Required statement certifying ownership, in not less than 12 font size. All owners of parcels affected shall sign, and shall include their addresses:
Certificate of Ownership.
I hereby certify that I am the owner of the property described hereon, which property is within the subdivision regulation jurisdiction of the City of South Euclid, and that I freely adopt this plan of subdivision.
Date Owner
(6) Any additional conditions as imposed by the Zoning Administrator.
(d) Determination of Completeness of Application. Upon receipt of an application for review, the Zoning Administrator shall determine if all the required items have been submitted and the application is complete. Once the application is determined complete, it shall be accepted for consideration and reviewed according to the procedures in this section. If the application is deemed incomplete, the applicant shall be notified of the deficiencies. Only complete applications shall be reviewed.
(e) Review of Application.
(1) The Zoning Administrator shall review the application for compliance with all applicable City Codes, and shall forward the application to the City Engineer for review and comment.
(2) The Zoning Administrator shall forward the complete application for a minor subdivision or re-subdivision and all comments from the City Engineer and Zoning Administrator to the Planning Commission for review at its next meeting.
(3) Applications shall be reviewed for compliance with the following:
A. Sewage and storm sewers, water mains and other utilities are adequately provided for each house or building, as determined by the City Engineer, and such provisions are consistent with current standards and plans.
B. The design, shape and orientation of the proposed lots are appropriate to the proposed use permitted by the existing zoning.
C. The application complies with the relevant requirements of the South Euclid Planning and Zoning Code.
(f) Action on Application.
(1) The Planning Commission shall act on the application for a minor subdivision or re-subdivision by:
A. Approving the minor subdivision or re-subdivision as submitted;
B. Approving the minor subdivision or re-subdivision with modification(s) as agreed to by the applicant; or
C. Disapproving the minor subdivision or re-subdivision when the application does not demonstrate that the required standards and criteria have been met.
(2) In making a decision, the Planning Commission shall consider the comments from the Zoning Administrator and the City Engineer.
(3) The Planning Commission shall take action on the application within 45 days after the Planning Commission has received the completed application at its first meeting. If the Planning Commission fails to act within the 45 days, or an extended time as may be agreed upon by the applicant, the application shall be considered approved.
(g) Approval and Conveyance. In the event the application for a minor subdivision or re-subdivision is approved, all owners of the property(ies) being subdivided or re-subdivided, the Planning Commission Chair, and the City Engineer shall sign and date the plat.
(h) Recording. Once the plat is signed, the applicant shall record the plat with the Cuyahoga County Recorder. The subdivider is responsible for paying the recording fee(s). Upon completion of recording, the applicant shall provide the Zoning Administrator with a copy of the recorded documents. The minor subdivision or re-subdivision shall not be considered final until these documents have been provided to the City. If such plat is not recorded within 180 days from the date of approval, such approval shall automatically become void.
(Ord. 76-06. Passed 6-11-07.)
Review of a division of real property classified as a major subdivision shall comply with the following procedures:
(a) Review Required. Major subdivisions, as herein defined, shall be reviewed through submission of a sketch plan, a preliminary subdivision plat, construction drawings for improvements and a final subdivision plat.
(1) When a proposed subdivision requires or includes a conditional use, such review of the preliminary subdivision plat shall be combined with the review of the conditional use application.
(2) With respect to all plans, plats and other documents required for review according to these subdivision procedures, the applicant shall submit the number of copies in the format and medium required by the Zoning Administrator or City Engineer.
(b) Pre-Application Conference; Review of Sketch Plan. Prior to application for preliminary approval of any major subdivision, all applicants shall prepare a sketch plan and attend a pre-application conference with the Planning Commission.
(1) The sketch plan is intended to outline the basic scope, character and nature of the proposed project; enable the applicant to discuss the location of proposed streets, parks, open space and other planned improvements; familiarize the applicant with the Comprehensive Plan, the requirements of the Planning and Zoning Code and the drainage, sewerage and water systems for the City; and enable the applicant to obtain input from the Planning Commission in the formative stages of design.
(2) At the conference, the applicant shall present the following:
A. A location map drawn to a scale of approximately 400 feet to an inch and showing the general relationship of the proposed subdivision to the surrounding area, including major streets, schools, parks and other surrounding development which may be pertinent.
B. A sketch plan of the proposed subdivision drawn to a scale of approximately 100 feet to an inch and indicating the general layout of proposed streets and lots and the general location of existing utilities, buildings and other features affecting the development of the site. The sketch plan may be a freehand drawing, but shall be of sufficient accuracy to reveal the general intention of the subdivider.
(3) The Zoning Administrator or Planning Commission may require the applicant to submit any additional information deemed relevant to the proposal.
(4) No discussions, opinions, or suggestions provided on any aspect of the sketch plan shall bind the applicant, nor the City, nor be relied upon by the applicant to indicate subsequent approval or disapproval by the City.
(c) Preliminary Plat Review for Major Subdivisions. After determination by the Zoning Administrator that the proposed subdivision is a major subdivision subject to review according to this section, an application for preliminary plat review shall be submitted to the Zoning Administrator.
(1) Contents of application. Unless otherwise specified, all maps and plans shall be drawn at a scale of not less than 100 feet to an inch, and shall include a north arrow and other information necessary for interpreting the material presented. All applications shall include the following documentation, unless specific items are determined by the Zoning Administrator to be inapplicable or unnecessary and the applicant is notified in writing:
A. A completed application form provided by the Zoning Department accompanied by the required fee.
B. A map or maps, consisting of a single or multiple sheets of the same size, to contain the following information:
1. The subdivision name under which the proposed subdivision is to be recorded. The name of the proposed subdivision shall not duplicate or closely approximate the name of any other existing subdivision within the City.
2. The location of the parcel or parcels to be subdivided by block and lot numbers.
3. The names, addresses and signatures of all owners of the parcel or parcels to be subdivided, indicating the knowledge and consent of said owners to the proposed subdivision.
4. The name, stamp and professional status of the designer of the subdivision, who shall be a licensed land surveyor or engineer.
5. The parcel numbers, names and addresses of owners of property located within 200 feet of the parcel or parcels to be subdivided.
6. The location of the following existing and proposed features, including those existing on adjacent lots and located within 200 feet of the boundaries of the area to be subdivided.
a. Existing contours, with intervals of one foot where the slope is 10% or less and intervals of not less than two feet where the slope is greater than 10%.
b. The existing and proposed location, name and dimensions of streets and alleys, points of access from such street(s), location and dimensions of lots and building lines, the approximate area of each lot in square feet, and the proposed street centerlines. Proposed street names shall not duplicate or be confused with the names of existing streets in Cuyahoga County and which shall be subject to the approval of the Planning Commission, the Police Department, the Fire Department and the Post Office.
c. Location and floor area of all existing structures on the site, and dimensions of setbacks from existing and proposed property lines.
d. Location of all existing and proposed connections with existing water, sewer and other utility lines, and an indication of provision for and location of surface drainage facilities.
e. The location, invert elevation and size of existing sanitary storm sewers, water mains, culverts, street lights and other utilities and underground structures within the tract or immediately adjacent thereto.
f. Location, widths and purpose of all existing and proposed easements, parks and other public properties within the area to be subdivided. All areas proposed to be dedicated to public use shall be shown and so indicated, together with any conditions of such dedication.
g. Location and names of watercourses and other essential features.
h. The limits of any jurisdictional wetlands, as defined by 49 C.F.R. Section 404, shall be shown. Under separate cover a copy of the Delineation Report, accepted for use by the U.S. Army Corps of Engineers and the Ohio EPA, shall be submitted. Copies of all Section 404 permits and Ohio NPDES permits shall also be submitted.
i. The limits of FEMA-designated floodplains and floodways, where applicable.
j. Indication of the existing zoning classification of each parcel, and including a summary table of the lot and setback requirements for each zoning classification shown.
k. Statement of proposed use of lots, giving types and number of dwelling units if known.
l. Typical cross-sections of the proposed grading of the subdivided area.
C. An outline and description of the improvements to be provided and such preliminary drawings and information for said improvements as may be required by the City Engineer.
D. For applications that involve a PURD, an outline of the Association's by-laws or code of regulations, identifying the provisions that address the use and maintenance of, and construction within, the PURD.
E. A legal description, which shall be accompanied by a certified Title Search, and a map survey of the boundaries of the parcel or parcels to be subdivided, made and certified by a licensed land surveyor and prepared in accordance with the provisions of O.A.C. 4733-37-05 "Plat of Survey". The locations of all monuments shall be referenced to the nearest approved control point as directed by the City Engineer where and if such control points are in existence. In the absence of such a control point, the subdivider shall establish monuments for the subdivision to the satisfaction of the City Engineer.
F. Traffic Impact Study indicating the impact of future traffic on the existing and proposed street system, when required for the development as determined by the City Engineer.
G. If and when the subdivider holds undeveloped land adjacent to the proposed subdivision, or where such adjacent parcel does not front on any existing street, a sketch of a prospective future street layout for such adjacent parcel, which shall be shown on the same map as the proposed subdivision.
(2) Determination of completeness of application. Upon receipt of an application for review, the Zoning Administrator shall determine if all the required items have been submitted and the application is complete. Once the application is determined complete, it shall be accepted for consideration and reviewed according to the procedures in this section. If the application is deemed incomplete, the applicant shall be notified of the deficiencies. Only complete applications shall be reviewed.
(3) Administrative review. After determining that an application is complete, the Zoning Administrator shall forward the application to the City Engineer, other appropriate City Departments, and, if determined necessary, professional consultant(s), for their review and comment.
A. The preliminary plat and its supporting documentation shall be reviewed for compliance with the Comprehensive Plan, other adopted plans or studies and the requirements of all applicable City Codes.
B. During the course of its review, the applicant may meet with the Zoning Administrator and/or City Engineer to review the evaluation(s), and the applicant may revise the preliminary plat in response to staff's comments.
C. Any reports, comments, or expert opinions from the City Engineer, other City departments and professional consultants shall be submitted to the Zoning Administrator.
D. The Zoning Administrator shall compile all investigations, facts and findings in a written report, and shall submit the written report, the application and all drawings and information to the Planning Commission prior to its next meeting.
(4) Public hearing. Before making any decision on any application for approval of a preliminary plat, the Planning Commission shall hold a public hearing.
A. Such public hearing shall be held within 60 days of acceptance of the complete application by the Zoning Administrator. Where such proposed subdivision requires or includes a conditional use, such public hearing shall be combined with the required public hearing for the conditional use application.
B. The Planning Commission shall fix the date for the public hearing. Notices of the time and place of such public hearing shall be mailed by the Zoning Administrator to the applicant, to owners of all property within 200 feet of the site and to owners of any other property deemed by the Zoning Administrator to be affected. Owners and addresses shall be determined from the current records of the Recorder of Cuyahoga County. The Zoning Administrator shall also cause notice of such public hearing to be published once a week for two weeks prior thereto in a newspaper of general circulation within South Euclid.
(5) Planning Commission review of preliminary plat. In addition to conducting the public hearing, the Planning Commission shall review the preliminary plat application.
A. Review criteria. The Planning Commission shall not approve the preliminary plat application unless the applicant demonstrates:
1. The design and layout of the subdivision complies with the Planning and Zoning Code and other applicable City codes.
2. All standards, requirements, provisions and conditions set forth for subdivisions in the zoning district in which the subdivision or resubdivision is to be located have been satisfied and complied with.
3. All areas of the proposed subdivision that may involve soil or topographical conditions presenting hazards or that require special precautions have been identified by the subdivider and that the proposed uses of these areas are compatible with such conditions, or the area(s) have been protected through a conservation easement or other mechanism approved by the Planning Commission.
4. There is adequate provision for sufficient water supply and sewage disposal.
5. The developer has the financial ability to complete the proposed development.
6. The subdivider has incorporated in the proposed subdivision the recommendations described in the approved traffic impact study, when such study is required, that are determined necessary by the Planning Commission.
7. All other specific conditions deemed necessary and appropriate by the Planning Commission to carry out the purpose of this Code, and the purpose of the zoning district in which such subdivision is to be located, have been met.
B. The Planning Commission may require a reduction in the number of lots proposed in a subdivision when it is determined necessary in order for the preliminary plat to comply with the requirements of all applicable City Codes.
C. The Planning Commission shall take into consideration any submitted staff reports, their comments, and expert opinions when reviewing the application.
D. Prior to taking action on the preliminary plat, the Planning Commission shall require the subdivider to obtain the approval of any other City agency as it may deem necessary regarding various aspects of the proposed subdivision.
E. In its review of an application, the Planning Commission may request additional information it deems necessary to adequately review and evaluate the proposed subdivision, and/or may request the applicant to revise elements of the application. When this occurs, the Planning Commission may table the application.
(6) Action on the preliminary plat by the Planning Commission.
A. The Planning Commission shall act on the preliminary plat application by:
1. Approving the preliminary plat and its supporting documentation as submitted; or
2. Approving the preliminary plat and its supporting documentation with specific conditions set forth by the Planning Commission, and agreed to by the applicant, which were not included in the plan as submitted yet are determined necessary to further protect and improve the proposed and surrounding developments; or
3. Disapproving the preliminary plat.
B. Failure of the Planning Commission to act within 75 days of the completion of the public hearing on the preliminary plat, or an extended period as may be agreed upon, shall at the election of the applicant be deemed a denial of the application.
C. The Zoning Administrator shall indicate the approval, conditional approval with a full statement of conditions, or disapproval with the reasons for disapproval, and the date of such action by the Planning Commission, in writing on the application and on the preliminary plat. The Zoning Administrator shall notify the applicant in writing of the decision of the Commission and shall maintain a detailed report of the proceedings and decisions pertinent to the application. Such report shall be open to public inspection and copies shall be sent forthwith to each interested party and to the Mayor and Council.
(7) Approval of the preliminary plat. In the event the Planning Commission approves the preliminary plat with modifications, the applicant shall incorporate such modifications into the appropriate documents and file the revised preliminary plat with the Zoning Administrator. No final plat application will be processed until the revised preliminary plat is submitted.
(8) Significance of approved preliminary plat.
A. Approval of the preliminary plat does not constitute an acceptance of the subdivision, but merely authorizes the developer to proceed with work on the final plat.
B. Receipt of notice from the Zoning Administrator of approval or conditional approval from the Planning Commission shall authorize the subdivider to proceed with the preparation of detailed plans and specifications for the improvements required in the subdivision regulations, and with the preparation of the final subdivision plat.
(9) Expiration of preliminary plat approval. Approval of the preliminary plat shall remain valid for 12 months from the date of Planning Commission approval unless an extension of time is granted by the Planning Commission within that 12-month period and such extension has been so noted on the preliminary plat by the Zoning Administrator.
(d) Review of Engineering Plans/Construction Drawings. Detailed plans and specifications for all improvements shall be submitted to the City Engineer for review.
(1) The following improvements shall be furnished and paid for by the subdivider:
A. Monuments, installed in compliance with Section 723.16.
B. Streets - grading and pavement with curbs;
C. Sidewalks;
D. Sanitary sewers;
E. Storm sewers and storm water management facilities;
F. Water distribution system as required by the Cleveland Water Division;
G. Street name signs;
H. Street trees;
I. Traffic signal installation and modifications to the existing streets to accommodate increased traffic flow;
J. Underground communication cables;
K. Underground distribution cables for power and street lighting from a common distribution system, and the equipment, housing and fixtures necessary in the operation of the distribution system.
(2) All of the above specified improvements shall be designed and drawn by a licensed engineer and shall be designed and installed in compliance with all standards, specifications and procedures established by the City Engineer, the Director of Service, the Director of Public Safety, the Planning Commission and the City Council.
(3) Review of the engineering plans and construction drawings shall occur simultaneously with or prior to the review of the final subdivision plat.
(4) Engineering plans and construction drawings shall show the exact location of all required improvements, including lot grading. The applicant shall include:
A. A construction cost estimate for the proposed improvements.
B. A written description of any engineering specifications for improvements from which the applicant requests a waiver.
C. A master grading plan showing the existing and proposed grading, with contours shown at not less than one-foot intervals. The proposed building footprint with finish floor, garage, and basement elevations shall be indicated on the plan. The plan shall be drawn at a scale not less than 1 inch = 30 feet.
(5) The City Engineer shall review the engineering plans and construction drawings.
A. In the event the applicant requests waiver from one or more engineering specifications, the City Engineer shall determine if such waiver(s) can be granted without impairing the intent of these regulations or the public good.
B. If the City Engineer determines the engineering plans and construction drawings comply with the City's construction and material specifications and any requested waivers can be granted without impairing the intent of these regulations or the public good, the City Engineer shall grant approval of the construction drawings.
(6) Upon approval of the engineering plans and construction drawings by the City Engineer, the subdivider may secure the necessary permits to proceed with construction of the required street, sanitary, water and drainage improvements.
(e) Final Plat Review for Major Subdivisions. Within one year of Planning Commission approval or conditional approval of a preliminary plat, the owner, subdivider or agent shall prepare for record purposes, and for dedication of streets and other public places, a final plat of the proposed subdivision.
(1) An application for final plat review shall be submitted to the Zoning Administrator. Such application shall be made at least 15 days prior to the next regularly scheduled meeting of the Planning Commission at which action is desired.
(2) Contents of application. Unless otherwise specified, all maps and plans shall include a north arrow and other information necessary for interpreting the material presented. All applications shall include the following documentation, unless specific items are determined by the Zoning Administrator to be inapplicable or unnecessary and the applicant is notified in writing:
A. A completed application form provided by the Zoning Department accompanied by the required fee.
B. Table of contents. Table of contents or other index indicating where each of the plan submission requirements is located within the application package (page number of narrative or drawing).
C. Final plat, drawn at a scale of 50 feet or less to the inch from an accurate survey and on one or more sheets. The final plat shall include all information and data as required for approval of the preliminary plat as set forth in Section 762.08(c)(1)B, with all necessary dimensions shown, including the length of all lot and street lines, deflections, angles, radii, length of curves, tangent distances and tangent bearings for streets, and any necessary data for the location of any lot or street line in the field. All dimensions shall be shown in feet and decimals of feet. The final plat shall be prepared in accordance with the provisions of Ohio R.C. 4733-037.07 "Subdivision Plats", in a format acceptable to the Recorder of Cuyahoga County.
D. Statements whereby the subdivider certifies:
1. The accuracy of the subdivision,
2. That he or she causes the land to be platted;
3. That he or she dedicates to public use the streets, parks and other land indicated and described on the final plat as intended for public use, with appropriate space for signature of the subdivider and notary.
E. Construction plans for all improvements, site grading, and required development practices specified by City Code and certification from the City Engineer indicating that the required improvements have been completed in compliance with and to the satisfaction of the requirements of these regulations. For any improvement not so completed, there shall be submitted with the final plat a certificate of the City Law Director and the Director of Service as to the sufficiency of the performance bond offered in lieu thereof.
F. Certification of approval by the Ohio Public Health Department, as required by Ohio law.
G. Covenants, easements and restrictions.
1. The substance of covenants, grants of easements, or other restrictions which will be imposed upon the use of the land, buildings, and structures, including proposed easements or grants for public utilities; and proper acknowledgment of owners and/or holders of mortgages accepting such restrictions.
2. For projects that include any area for common use of or to be maintained by multiple property owners, the association's bylaws or code of regulations shall be submitted and shall include provisions establishing that such association is responsible for the maintenance and control of common areas.
(3) Determination of completeness of application. Upon receipt of an application for review, the Zoning Administrator shall determine if all the required items have been submitted and the application is complete. Once the application is determined complete, it shall be accepted for consideration and reviewed according to the procedures in this section. If the application is deemed incomplete, the applicant shall be notified of the deficiencies. Only complete applications shall be reviewed.
(4) Administrative review. After determining that an application is complete, the Zoning Administrator shall forward the application to the City Engineer, other appropriate City departments, and, if determined necessary, professional consultants, for review and comment.
A. The final plat shall be reviewed for compliance with the approved preliminary plat and the requirements of all applicable City Codes. The Zoning Administrator shall determine if the final plat conforms in all essential respects to the preliminary plat.
B. Any reports, comments, or expert opinions that the applicant or others believe are relevant shall be submitted to the Zoning Administrator.
C. The Zoning Administrator shall transmit the final plat, any comments, any other reports and accompanying documents to the Planning Commission.
(5) Planning Commission review of final plat. No final plat shall be approved unless the Planning Commission determines that:
A. All requirements of this section have been met.
B. The final plat is in conformance with the layout and design of the approved preliminary plat and all conditions and terms of such approval.
C. All other plans for the proposed development, including storm water management plan and landscaping and screening plans, have been approved.
D. For applications that involve a PURD, a copy of the property owners association's covenants and restrictions have been submitted and approved by the City Law Director, and reviewed by the Planning Commission to determine that they adequately address the use and maintenance of, and construction within, the PURD.
E. The engineering plans and construction drawings have been submitted to and granted approval by the City Engineer.
(6) Action on plat by Planning Commission.
A. The Planning Commission shall act on the final plat application by:
1. Approving the final plat as submitted; or
2. Approving the final plat with modification(s) as agreed to by the applicant; or
3. Disapproving the final plat when the application does not demonstrate that the required standards have been met.
B. If the Planning Commission fails to act within 75 days of the acceptance of a complete application for the final plat, such final plat shall be deemed approved.
C. Approval shall be noted on the plat by the signature of the Planning Commission Chairperson and the City Engineer. The Planning Commission shall retain one reproduction of the final plat, as approved, and transmit two reproductions to the Director of Service and the Zoning Administrator upon which shall appear the terms of any conditional approval. The original drawings shall be returned to the subdivider for filing.
(7) Effect of approval of final plat. Upon approval, the streets, highways, parks and drainage easements shown on the final plat of the subdivision become part of the official records of the City. However, such streets, highways, parks and drainage easements shall be deemed private until such time as the required improvements have been inspected, approved and certified by the City Engineer as complying with City standards and specifications.
(f) Recording. Once the plat is signed, the applicant shall record the original plat with the Cuyahoga County Recorder. The subdivider is responsible for paying the recording fee(s). Upon approval, the three reproductions of the original drawing become part of the records of the City of South Euclid and the County. If such plat is not recorded within 180 days from the date of approval, such approval shall automatically become void. No changes, erasures, modifications or revisions shall be made in any final plat after approval has been granted by the Planning Commission. If such are made, the plat shall be considered null and void and shall be stricken from the records of the City and the County.
(g) Revisions to Covenants, Easements and Restrictions. In the event a property owners' association or similar legal entity amends those portions of their bylaws or code of regulations that pertain to maintenance obligations or access to common areas within a subdivision, such amendment shall be submitted to the City for review and approval. Failure to obtain approval of such amendment shall be deemed a violation of these Subdivision Regulations.
(h) Financial Guarantees and Completion of Improvements.
(1) Maintenance guarantee. Concurrently with the application for approval of the final plat, the developer shall execute and file with the City a maintenance bond.
A. Amount of bond. The maintenance bond shall be in an amount covering 100% of the cost of all complete improvements as set forth in the construction cost estimate submitted by the applicant, or as evidenced by proof of payment to the contractor.
B. The maintenance bond shall be retained for three years after the date of completion of the required improvements to ensure their satisfactory condition. No reimbursement for any improvement shall be made by the City or any district, department or authority therein.
(2) Performance guarantee. Concurrently with the application for approval of the final plat, the developer may execute and file with the City a performance bond, secured as hereinafter required, in lieu of actual installation or completion of required improvements.
A. Form of bond. The performance bonds shall be conditioned upon proper installation of all improvements required by the Codified Ordinances, according to the approved plans and specifications, within two years after approval of the final plat of subdivision, and shall provide that the City shall have the right, in the event of default, to install the required improvements, to proceed against the developer and against any surety on the bond for the cost thereof, and so apply to the cost of such improvements any funds deposited with the City or in escrow as security for the performance conditions of the bond. The bond shall further provide that the developer shall hold harmless the City, its officers and employees, from all claims and demands and causes of actions, of every nature and description, arising out of the installation of improvements within the developer's subdivision, conditions existing during the construction or installation of such improvements, and all damages to neighboring property owners resulting from the approval of the developer's subdivision and the installation of improvements therein, including without limitation damages resulting from increase in surface water flowing from the subdivision and all claims arising out of changes to natural ditches or watercourses. The terms "claims, demands and causes of action" shall include all expenses of defending against such claims, demands and causes of action, including fees payable to attorneys and expert witnesses, wages paid to City employees while occupied in defense of such claims, demands and causes of action, and wages and salaries reimbursed by the City to City officers to compensate them for wages and salaries lost while engaged in such defense. The form of each performance bond shall be approved in writing by the City Law Director.
B. Security for bond. Performance bonds shall be secured, as follows:
1. By written guarantee of one or more surety companies authorized to conduct business within the State of Ohio. The form of guarantee shall be approved in writing by the City Law Director. The Law Director may reject a performance bond in the event that he or she reasonably determines that the assets of the surety company or companies, subject to attachment within the State of Ohio, are insufficient to secure performance of the developer's obligations, taking into account outstanding liabilities and contingent liabilities of the surety company or companies; or
2. By deposit of cash, in the full face amount of the bond, with the City or with an escrow agent or trustee. In the event funds are deposited with an escrow agent or trustee, all documents of instruments governing the terms of such deposit shall be approved in writing by the Law Director.
C. Amount of bond. The amount of the performance bond shall be determined by the City Engineer, and shall be in the amount equal to the estimated total cost of labor and materials required by the Codified Ordinances, including the estimated cost of repairing or reconstructing improvements outside of the subdivision which may be damaged by construction activity, and the costs of construction inspection and all engineering fees and charged incurred during the monitoring of the performance of the construction of the improvements and the administration of City regulations pertaining thereto. The amount of a performance bond shall also include estimated damages, if any, to neighboring properties which are subject to the hold harmless provision contained in division (h)(2)A. of this section, and the estimated costs of defending against claims for any such damages.
D. Reduction of bond and return of surety. When the City Engineer has certified in writing that all subdivision improvements have been satisfactorily completed in accordance with the approved plans and specifications, the performance bond submitted by the developer shall be canceled and all funds deposited as security therefore shall be returned.
1. Upon written certification by the City Engineer that any portion of the improvements have, upon inspection, been found satisfactorily completed, the amount of the performance bond shall be reduced or partial withdrawal of funds deposited as security therefor shall be permitted, equal to the cost of such completed improvements, if in the opinion of the Engineer the remaining bond or security shall be fully sufficient, under all circumstances, to guarantee performance of the conditions of the bond.
2. In the event that the developer shall have been required to post a maintenance bond for the same subdivision, pursuant to these requirements, the City may retain as much of the funds posted as security for the developer's performance bond as may, in the judgment of the City Engineer, be necessary to provide adequate security for the performance of the developer's maintenance bond.
(i) Acceptance of Public Property and Improvements by Council.
(1) If the final plat indicates land for public use, the plat shall be submitted to Council for acceptance of the dedication of any public land before it is recorded.
(2) The acceptance of any street or utility for public use and maintenance shall be by separate ordinance of Council. The responsibility for maintenance and improvement of such facilities shall not rest with the City until such acceptance.
(Ord. 77-06. Passed 6-11-07.)
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