(a) Lot Arrangement. The lot arrangement shall be such that there will be no foreseeable difficulties, for reasons of topography or other conditions, in securing building permits to build on all lots in compliance with the Zoning Ordinance and Health Regulations and in providing driveway access to buildings on the lots from an approved street.
(b) Lot Dimensions. Lot dimensions shall comply with the minimum standards of the Zoning Ordinance. Where lots are more than double the minimum required area for the zoning district, the Planning Commission may require that those lots be arranged so as to allow further subdivision and the opening of future streets where they would be necessary to serve potential lots, all in compliance with the Zoning Ordinance and these regulations. In general, side lot lines shall be at right angles to street line (or radial to curving street lines) unless a variation from this rule will give a better street or lot plan. Dimensions of corner lots shall be large enough to allow for erection of buildings, observing the minimum front- yard setback from both streets. Depth and width of properties reserved or laid out for business, commercial, or industrial purpose shall be adequate to provide for the off-street parking and loading facilities required for the type of use and development contemplated, as established in the Zoning Ordinance, and to provide for on-site storm water management unless an alternative plan is approved by the City Engineer.
(c) Lot Orientation. The lot line common to the street right-of-way shall be the front line. All lots shall face the front line and a similar line across the street. Wherever feasible, lots shall be arranged so that the rear line does not abut the side line of an adjacent lot.
(d) Double Frontage Lots and Access to Lots.
(1) Double Frontage Lots. Double frontage and reversed frontage lots shall be avoided except where necessary to provide separation of residential development from traffic arterial or to overcome specific disadvantages of topography and orientation.
(2) Access from Major and Secondary Arterial. Lots shall not, in general, derive access exclusively from a major or secondary street. Where driveway access from a major or secondary street may be necessary for several adjoining lots, the Planning Commission may require that such lots be served by a combined access drive in order to limit possible traffic hazards on the street. Where possible, driveways should be designed and arranged so as to avoid requiring vehicles to back into traffic on major and secondary arterial.
(e) Soil Preservation, Grading, and Seeding. No certificate of occupancy shall be issued until final grading has been completed in accordance with the approved final subdivision plat and the lot recovered with soil with an average depth of at least six (6) inches which shall contain no particles more than two (2) inches in diameter over the entire area of the lot, except that portion covered by buildings or included in streets, or where the grade has not been changed or natural vegetation seriously damaged. Topsoil shall not be removed from residential lots or used as spoil, but shall be redistributed so as to provide at least six (6) inches of cover on the lots and at least four (4) inches of cover between the sidewalks and curbs, and shall be stabilized by seeding or plantings.
(f) Lot Drainage. Lots shall be laid out so as to provide positive drainage away from all buildings, and individual lot drainage shall be coordinated with the general storm drainage pattern for the area. Drainage shall be designed so as to avoid concentration of storm drainage water from each lot to adjacent lots.
(g) Lawn-Grass Seed and Sod. Lawn-grass seed shall be sown at not less than five (5) pounds to each one-thousand (1,000) square feet of land area. In the spring, the seed shall be sown between April 1 and May 30; and in the fall, the seed shall be sown between August 1 and October 15. The seed shall consist of a maximum of twenty percent (20%) rye grass by weight and minimum of eighty percent (80%) of permanent bluegrass and/or fescue grass by weight. All seed shall have been tested for germination with one (1) year of the date of seeding, and the date of testing shall be on the label containing the seed analysis. All lots shall be seeded from the roadside edge of the unpaved right- of-way back to a distance of twenty-five (25) feet behind the principal residence on the lot. No certificate of occupancy shall be issued until re-spreading of soil and seeding of lawn has been completed; except that between October 16 and March 31, and between June 1 and August 31, the applicant shall submit an agreement in writing signed by the developer and the property owner, with a copy to the Building Commissioner, that re-spreading of soil and seeding of lawn will be done during the immediate following planting season as set forth in this section, and leave a cash escrow for performance in an amount determined by the Building Commissioner. Sod may be used to comply with any requirement of seeding set forth herein.
(h) Erosion and Sediment Control. All development must comply with erosion and sediment control regulations of the City. To this end, the developer must provide such temporary and permanent control measures as are appropriate. Such measures may include the use of straw or hay bales, sediment traps, sediment basins, silt fences, earth diversion dikes, check dams, storm drain inlet protection, grasses and mulches, per construction plan details of the Ohio Department of Transportation (ODOT) in accordance with Standard Construction Drawing MC-11, and standards set forth in "Rainwater and Land Development", Ohio's Standards for Storm Water Management, Land Development and Urban Stream Protection. The implementation of soil erosion and sediment control shall also conform to the requirements of the Lake County Soil and Water Conservation District and Ohio Environmental Protection Agency (OEPA) under the NPDES Permit Program for the discharge of storm water from construction sites. If conflicts exist regarding the standards for soil and sediment control, the more restrictive shall apply.
(i) Debris and Water. No cut trees, timber, debris, earth, rocks, stones, soil, junk, rubbish, or other waste materials of any kind shall be buried in any land, or left or deposited on any lot or street at the time of the issuance of a certificate of occupancy, and removal of those items and materials shall be required prior to issuance of any certificate of occupancy on a subdivision. No items and materials as described in the preceding sentence shall be let or deposited in any area of the subdivision at the time of expiration of any subdivision improvement agreement or dedication of public improvements, whichever is sooner.
(j) Water bodies and Watercourses. If a tract being subdivided contains a water body, or portion thereof, lot lines shall be so drawn as to distribute the entire ownership of the water body among the adjacent lots., The Planning Commission may approve an alternative plan whereby the ownership of and responsibility for safe maintenance of the water body is so placed that it will not become a local government responsibility. No more than twenty-five (25%) of the minimum area of a lot required under the Zoning Ordinance may be satisfied by land that is under water. Where a watercourse separates the buildable area of a lot from the street by which it has access, provisions shall be made for installation of a culvert or other structure, of design approved by the City Engineer.
(k) Subdivision Improvement Agreement and Security to Include Lot Improvement. The applicant shall enter into a separate subdivision improvement agreement secured by a letter of credit or cash escrow to guarantee completion of all lot improvement requirements including, but not limited to, soil preservation, final grading, lot drainage, lawn-grass seeding, removal of debris and waste, fencing, and all other lot improvements required by the Planning Commission. Whether or not a certificate of occupancy has been issued, the local government may enforce the provisions of the subdivision improvement agreement where the provisions of this section or any other applicable law, ordinance, or regulation have not been met.
(Ord. 2004-40. Passed 5-24-04.)