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.)