1228.01 SUBDIVISION IMPROVEMENTS REQUIRED BEFORE FINAL APPROVAL.
   Before approval will be given upon any final plat for record, the following fees shall be paid and the following improvements shall be installed in the subdivision shown on such plat.
   (a)    Water mains must be installed together with all necessary appurtenances such as hydrants, valves and curb connections at each lot within the subdivision, all meeting the approval of the City Engineer and the Engineer of the City of Cleveland, Division of Water and Heat.
   (b)    Storm sewers, together with all necessary appurtenances and curb connections for each lot in such subdivision, shall be designed and installed in accordance with the minimum standards adopted therefor and adequate for the drainage of the streets, the lots fronting thereon and the natural drainage intercepted by such street.
   (c)    Sanitary sewers together with all necessary appurtenances and curb connections for each lot in the subdivision shall be designed and installed in accordance with the minimum standards adopted therefor. Where Municipal sanitary sewer facilities are not available, the subdivider shall construct and install such sanitary sewers, septic systems and sewage treatment facilities as are deemed necessary by Council, the Engineer and/or the Cuyahoga County Department of Health. The design, installation, method of construction and materials must be approved by the Engineer, the Cuyahoga County Department of Health and any other authority having jurisdiction. The approval by the Engineer and his decision deeming the sewers and treatment facilities necessary, shall be based upon a determination of the adequacy of the proposed facilities relative to the natural contours and topography of the area, the proposed population density of the subdivision and the effect of the facilities upon abutting and adjacent properties and upon the public health, safety and welfare of the entire Municipality.
   (d)    No sewer, whether storm or sanitary, shall be approved or installed which is used or designed to be used for the discharge of both storm water or roof drains and the discharge of septic tanks or other sanitary effluent. All sewers, excluding house laterals, shall be installed in dedicated streets or in easements granted to the Municipality in legal form satisfactory to the Law Director, shall have proper outlets approved by the Engineer, shall serve all lots and lands in the subdivision, and shall go to the boundaries of the subdivision.
   (e)    All street compactions, grades, subgrades, curbs, curb drains, pavements and all other aspects of street improvement shall be designed, installed, constructed and improved in accordance with plans and specifications therefor submitted to and approved by the Engineer. All street plans and specifications shall at least meet minimum standards adopted therefor by Council, unless a deviation from minimum standards is granted or permitted pursuant to subsection (i) hereof.
   (f)    Sidewalks of Portland cement concrete or similar material approved by the Engineer shall be installed upon both sides of each street; except that the Planning Commission, in its discretion, may approve sidewalks on one side of the street in cluster developments. Sidewalks shall be at least four feet in width along local streets, five feet along local collector streets and six feet along collector and major arterial streets. Pavement thickness shall be four inches and not less than six inches in thickness across driveways.
   (g)    Common area and site improvements shall be shown on plans and specifications submitted by the developer and approved by the City in accordance with the Planning and Zoning Code.
(Ord. 2013-226. Passed 1-6-14.)
   (h)   The developer or entity requesting any type of subdivision shall pay to the City a fee of four hundred fifty dollars ($450.00) per tree based upon one tree being required for each forty-five linear feet of lot frontage on a public street. The fees shall be placed in the Tree Fund Account and the City shall utilize the funds to purchase and install trees in subdivisions pursuant to the provisions of Chapter 1023. The City Coordinator of Natural Resources shall make recommendations to the Planning Commission, and the Planning Commission shall decide on the type and number of trees to be planted for each new subdivision, at the time that the subdivision receives final approval by the Planning Commission for record purposes, as set out in the City's Planning and Zoning Code. The fee shall be paid by the developer or entity requesting the subdivision prior to final approval of any plat for record purposes.
      (Ord. 2022-043. Passed 5-2-22.)
   (i)    The Planning Commission may permit, as to any of the specific improvements or installations in this section, deviation from the minimum standards after receiving the recommendation of the Engineer as to the proposed deviation. The Planning Commission in granting such permission, and the Engineer in making his recommendation, shall base their decision and recommendation on either:
      (1)   The improvement under the proposed deviation from the minimum standards will be equally effective, safe, adequate and desirable as the improvement would be under such standards, and that the improvement under the proposed deviation will perform the same function as and have a life of usefulness equal to the improvement made pursuant to such standards; or
      (2)   The strict application of the minimum standards to improvements which are under construction or which have been fully planned and contracted for at the time this section becomes effective would cause extreme undue hardship or practical difficulty.
However, no deviation under subsection (h)(1) or (2) hereof shall be approved that is not in harmony with the general purpose and intent of these regulations or which will interfere with the public health, safety or general welfare.
   Any permission granted by the Planning Commission to deviate from the minimum standards required for all subdivision improvements must be confirmed by Council before such permission to deviate is final.
(Ord. 2013-226. Passed 1-6-14.)