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None of the improvements required by Section 1228.01(a) through (c) shall be installed or constructed and no construction work relative thereto shall be performed until after:
(a) The owner has shown compliance with the provisions of Section 1228.08 to the satisfaction of the Law Director.
(b) Appropriate easements therefor are granted to the Municipality, in form approved by the Law Director, accepted by Council and caused to be filed for record by the Clerk of Council, at the owner's expense. The acceptance of such easements shall bind the Municipality only as to the location, width and termini of any proposed streets or other public places, with which such easements are conterminous, and shall not be construed as an acceptance of dedication of any proposed streets or other public place.
(c) Street dedication-warning signs have been erected. The street dedication warning signs shall be caused to be erected and maintained by and at the sole expense of the owner of the subdivision and shall be located at the entrance of each proposed street being developed by the installation or construction of any of the improvements required by Section 1228.01. Such signs shall warn the general public that the proposed street is not an accepted dedicated Municipal street, that the Municipality is not responsible for the maintenance of the street or any improvement therein. Such signs may not be removed until after the dedication of the street has been accepted by ordinance of Council and until after the recording of the plat for record.
(Ord. 1967-163. Passed 12-18-67.)
(Ord. 1967-163. Passed 12-18-67.)
After a plat for record has been approved for record purposes only and has been so recorded, and after all of the specified improvements have been completed to the satisfaction of Council, acting upon the advice of the Engineer that such improvements have been constructed in accordance with the plans and specifications approved by him, Council may enact an ordinance accepting the dedication of the streets, roads, parks, playgrounds and other public places shown thereon and thereafter cause to be entered upon such plat appropriate clauses evidencing the acceptances of dedication. Any acceptance by the Municipality of the dedication of streets, roads, parks and playgrounds and other public places, shall, however, be conditioned upon the owner, subdivider or agent furnishing to the Municipality title insurance in the amount of at least one thousand dollars ($1,000) in form meeting the approval of the Law Director, covering all lands to be dedicated to public use and showing title to the same to be in the Municipality free and clear of any easements, taxes, liens, assessments or other encumbrances of any kind whatsoever except the easements required by these Subdivision Regulations. In the event that the lands to be dedicated include lands to be used for other than street purposes, the amount of insurance shall be such as in the opinion of Council will adequately insure the Municipality against possible defects in the title thereof. Such title insurance shall be furnished before the clauses are entered upon the recorded plat to evidence the acceptance of such dedication. There shall also be deposited with the Municipality such sum as shall be required to pay any existing taxes, liens or other assessments which are a lien upon any lands to be dedicated. Preliminary evidence of title may, upon recommendation of the Engineer or Law Director, be required before the preliminary plat is approved by the Planning Commission.
(Ord. 1967-163. Passed 12-18-67.)
(Ord. 1967-163. Passed 12-18-67.)
No building permit shall be issued for any lot in the subdivision by the Building Commissioner prior to the completion of all the improvements specified in Section 1228.01, or prior to compliance with Sections 1228.03 and 1224.02. If there is any failure to comply with or maintain continuing compliance with the applicable provisions of Sections 1228.03 and 1224.02, then future building permits in the subdivision may be denied and previously issued building permits may be revoked and any work in progress pursuant to such issued permit shall cease and desist.
(Ord. 1967-163. Passed 12-18-67.)
(Ord. 1967-163. Passed 12-18-67.)
(a) No developer of a subdivision, or builder constructing buildings within a subdivision, or person, firm or corporation being the agent of a developer or builder in the sale of lots within a subdivision, shall sell a lot or construct a building without first having posted within a designated sales office or within a temporary construction office of such builder or developer the following:
(1) A copy of the final plat of the subdivision which has been approved for recording purposes only by the Planning Commission, Council and other required administrative officials of the City;
(2) A topographical map clearly showing thereon grades, elevations, easements, open ditches, swales, creeks, walkways and any other land characteristics of the subdivision that may be of concern to a prospective purchaser;
(3) A copy of all declarations of covenants and deed restrictions which have been recorded with the Cuyahoga County Recorder and which run with the land;
(4) A copy of any homeowners' association code of regulations, by-laws, charter, rules and regulations, if any, which may be applicable to the homeowners within the subdivision; and
(5) A statement for each lot to be sold specifying the type and amount of charge or charges to be paid to the City by any prospective buyer, or agent for the prospective buyer, for any sanitary fee or other charge respectively, before a building permit can be issued for construction on each lot.
(6) Identification, location and description of U.S. mail receptacles to be installed for the deposit or receipt of mail.
(b) Every developer of a subdivision, or builder constructing buildings within a subdivision, or person, firm or corporation being the agent of a developer or builder in the sale of lots within a subdivision, shall require that all prospective purchasers of lots and/or buildings within the subdivision execute and sign a certificate stating therein that such prospective purchaser has been shown and has reviewed all of the plats, plans and documents specified in subsection (a) hereof and has received a copy of the documents specified in subsection (a)(3) and (4), before entering into an agreement for the sale of a lot or building in the subdivision. Such certificate(s) shall be filed with the Building Commissioner as follows:
(1) If the developer or builder has entered into an agreement for the sale of a lot prior to the issuance of a building permit for a structure on such lot, then the certificate shall be filed prior to the issuance of such building permit; or
(2) If the developer or builder has entered into an agreement for the sale of a lot after the issuance of a building permit for a structure on such lot, then the certificate shall be filed prior to the issuance of any certificate of occupancy for the premises.
(Ord. 2003-68. Passed 7-7-03.)
(Ord. 2003-68. Passed 7-7-03.)