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.)