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Land Development Code - City of Hudson, Ohio

Chapter 1208    Subdivision Design and Improvements/Dedication Standards

Section 1208.01    General

  1. Purpose
    The purpose of this Chapter is to secure and provide for the following goals and
    1. To provide reasonable design standards intended to foster innovative and
      efficient subdivision and land development and orderly community growth;

    2. To coordinate the provision of public improvements with private
      development interests;

    3. To encourage subdivision and land development practices that are compatible
      with nearby development patterns;

    4. To encourage high quality subdivision and land development practice and
      design so as to minimize disruptions to natural and cultural features, adverse
      environmental impacts, and risks associated with natural and man-made
      hazards; and

    5. To reflect and implement relevant city planning documents and policies,
      including but not limited to the Comprehensive Plan and the city=s capital
      improvement plans and budget.

  2. Applicability
    1. General Rule--Compliance Required. This Chapter shall apply to all
      subdivisions of land located within the corporate limits of the City, as
      "subdivision"  is defined in Chapter 1213 of this Code. No person shall
      subdivide by deed, plat, instrument of conveyance or otherwise, any tract of
      land within the City except in conformity with the provisions of this Chapter.

    2. Exemptions. This Chapter shall not apply to:
      1. A change in the boundary between adjoining land or lots that does
        not create an additional or substandard lot.
      2. The division of land into parcels that does not create additional new
        building sites.

  3. Administration and Review
    1. Approving Agency. This Chapter shall be administered by the Planning
      Commission acting in lieu of the governing body, except as may be otherwise
      provided in this Code.

    2. Procedures.
      1. All subdivisions shall be reviewed and approved pursuant to the
        procedures set forth in Chapter 1203, Section 1203.10,
        "Subdivisions," of this Code.
      2. Minor subdivisions, as that term is defined in Chapter 1213 of this
        Code, shall be exempt from the requirement of a final subdivision
        plat and shall be subject only to the procedure set forth in Section
        1203.10(c), "Procedures for Approval of a Minor Subdivision."

    3. Recording of Plat. No plat of any subdivision, including a sketch plat or plat
      map for a minor subdivision, shall be entitled to be recorded in the Summit
      County recorder's office, or have any validity, until it has been approved in
      the manner prescribed in this Code. In the event any such unapproved plat is
      recorded, it shall be considered invalid and the City shall institute
      proceedings to have the plat stricken from the County's records.

    4. Sale of Land in Subdivision. No owner or agent of the owner of any land
      located within a subdivision shall transfer, sell, agree to sell, or negotiate to
      sell any land by reference to, exhibition of, or use of, a plan or plat of a
      subdivision before such plat or plan has been approved and recorded in the
      manner prescribed in this Code. The description of such lot or parcel by
      metes and bounds in the instrument of transfer or other documents used in the
      process of selling or transferring shall not exempt the transaction from the
      provisions of this Code.


Section 1208.02    Conveyance of Interests in Land

  1. Dedication Upon Recording
    After approval of the final subdivision plat by the Planning Commission, the
    recording of such plat with the County recorder shall constitute an irrevocable offer
    to dedicate all streets and other areas designated for public use, and any easement for
    public utility or other purposes, to the City, other public entities, or to a non-profit
    land trust or similar organization approved by the City.

  2. Nonacceptance For Public Use And Maintenance
    The approval of the final subdivision plat shall not impose any duty upon the City,
    other public entities, or a non-profit land trust or similar organization approved by
    the City concerning acceptance, maintenance, or improvement of any such dedicated
    areas or portions thereof until the City Council or such entity or organization actually
    accepts such dedications by ordinance, agreement, or by entry, use, or improvement.
    The City Engineer's placement of his endorsement on a plat shall not constitute an
    acceptance of a street or open spaces for public use by the City as provided in Ohio
    R.C. 711.091 until such time as the City Council enacts an ordinance accepting such
    street or area for use by the City.

  3. Delineation of Land Interests Conveyed
    In order to more clearly define the interest being offered for dedication, the final
    subdivision plat shall show by hatching, cross-hatching, or other form of line
    shading, the exact locations of all easements and shall have written thereon a
    statement that the City shall be the grantee of such easements, a description of the
    uses for which the easement is granted, and a statement that for the use of such
    easements, permits shall be issued by and regulations shall be prescribed by the City,
    and in the case of commons, parks, or other parcels of land offered for public use, a
    general warranty deed conveying to the City fee simple title to such lands shall also
    be provided by the subdivider.

Section 1208.03    Vacations

  1. Vacation of Plats or Parts Thereof
    In the case of vacation of a plat or parts thereof, as previously recorded in the office
    of the Recorder of Summit County, Ohio, the same general procedure, rules, and
    regulations shall apply as for a new subdivision or plat. The title of the vacation
    shall indicate what is being vacated, and the final map shall include enough of the
    surrounding plat or plats to show its relation to adjoining areas.

  2. Vacation of Streets, Alleys, or Other Areas
    In the case of vacation of a street or alley or the vacation of a commons or other open
    spaces and areas, such vacations shall be submitted to the Planning Commission for
    review and recommendation thereon prior to consideration by the City Council.

Section 1208.04    Site Design--Compliance with Zoning Requirements

  1. Compliance with Zoning Development Standards
    The general layout of lots, roads, driveways, utilities, drainage facilities, and other services within all proposed subdivisions and development sites shall be designed in a way that minimizes the amount of land disturbance, maximizes the amount of open space in the development, preserves existing trees/vegetation, protects wetlands and critical wildlife habitat, and otherwise accomplishes the purposes and intent of this Code and of the zone district in which the subdivision is located. Applicants shall refer to the zoning development/site plan standards set forth in Chapter 1207 and shall apply them in the layout of the subdivision in order to avoid creating lots or patterns of lots that will make compliance with such development standards difficult or infeasible.

  2. Establishment of Limits of Disturbance During Subdivision Process
    Maximum area of impervious surface coverage and limits of disturbance shall be designated on the preliminary subdivision plan for each individual lot or building site pursuant to the standards and requirements set forth in Section 1207.01, AMaximum Impervious Surface Coverage".   Any designated limit of disturbance shall be reviewed by the City Manager during his review of the preliminary subdivision plan, and the Planning Commission shall make a separate finding that such limits of disturbance are in compliance with this Code prior to its approval of both the preliminary and final plats.

Section 1208.05    Lots

  1. Size, Shape, and Orientation
    The lot size, width, depth, shape, and orientation shall be appropriate for the location
    of the subdivision and type of development and use contemplated.

  2. Lot Dimensions
    Lots shall conform in size to at least the minimum area and width requirements
    specified in Chapter 1205 for the particular zone district in which it is located.

  3. Corner Lots
    Corner lots shall be configured only as shown in Figure 30a, below. The
    configuration of corner lots illustrated in Figure 30b, below shall be prohibited in all
  4. Side Lot Lines
    Side lot lines shall normally be at right angles to the street or radial to curved streets,
    except when natural or cultural features suggest other suitable and appropriate

  5. Double Frontage Lots
    1. Double frontage lots shall be avoided except where essential to provide
      separation of residential development from major arteries or to offset specific
      disadvantages of topography.
    2. Double frontage lots shall be restricted by the applicable front building
      setbacks from both streets.

  6. Building Setback Line
    Building setback lines, including setbacks for accessory structures, shall conform to
    the requirements specified in Chapter 1205 for the zone district in which the lot is

  7. Lot Frontage/Access to Street
    Every lot shall have adequate access to a public street or alley. All single-family
    dwelling lots shall have at least 60 feet frontage on a public street or roadway.

  8. Development Along Railroads
    Industrial, commercial, or residential building sites along railroads should normally
    have extra lot depth to permit deep setbacks for such building development and uses.
    The streets or roads serving such development shall be so located as not to interfere
    with the possible future construction of grade crossing or grade separation facilities
    along adjacent major traffic routes.

Section 1208.06    Sidewalks and Pedestrian Links

For standards and specifications relating to sidewalks and pedestrian links, see Chapter
1205, "Zoning Districts," and Chapter 1207, Section 1207.13, "Transportation, Circulation,
and Pedestrian Linkage."

Section 1208.07    Utilities

For standards and specifications relating to provision of utilities, see Chapter 1207, Section
1207.09, "Utilities."

Section 1208.08    Streets/Roads

For standards and specifications relating to streets and roads, see Chapter 1207, Section
1207.13, "Transportation, Circulation, and Pedestrian Linkage."

Section 1208.09    Stormwater Management/Drainage/Erosion Control

For standards and specifications relating to stormwater management, drainage, and
erosion control, see Chapter 1207, Section 1207.07, "Stormwater Management, Drainage,
and Erosion Control."

Section 1208.10    Open Space and Open Space Conservation Subdivisions

For standards and specifications relating to open space and Open Space Conservation
Subdivisions, see Chapter 1207, Section 1207.05, "Open Space," and Section 1207.06,
"Open Space Conservation Subdivisions."

Section 1208.11    Tree/Vegetation Preservation

For standards and specifications relating to tree/vegetation preservation, see Chapter
1207, Section 1207.02, "Tree and Vegetation Protection."

Section 1208.12    Land Subject to Inundation

shall not be platted for residential occupancy, or for such other uses including streets, wells
or septic systems, as may increase danger to health, life, property or the environment, or
as may aggravate the flood hazard. Such land within the plat should be withheld or
otherwise set aside for such uses as will not be endangered by periodic or occasional
inundation, all in accordance with Chapter 1205, Section 1205.14, "Floodplain/Floodway
Overlay Zone District."

Section 1208.13    Homeowners Associations

  1. If open space or other common areas within a subdivision are owned and maintained by a
    homeowners association, the developer/subdivider shall file a declaration of covenants and
    restrictions that will govern the association, to be submitted with the application for
    preliminary plan approval. See also Section 1207.05(k), "AOpen Space Maintenance." The
    declaration provisions shall include, but not be limited to, the following:
    1. The homeowners association shall be established before any lots are sold;

    2. Membership shall be mandatory for each homebuyer and any successive buyer;

    3. Any open space restrictions shall be permanent, not just for a period of years;

    4. The association shall be responsible for liability insurance, local taxes, and the
      maintenance of recreational and other facilities;

    5. Homeowners shall pay their pro rata share of the cost, and the assessment levied by
      the association can become a lien on the property if allowed in the master deed
      establishing the homeowners association; and

    6. The association shall be able to adjust the assessment to meet changed needs and

Section 1208.14    Required Improvements

  1. Subdivider's Responsibilities
    Unless otherwise expressly indicated, the subdivider, through his engineer, shall
    prepare and furnish all plans, specifications, cost estimates, and other essential
    documents necessary for the construction and installation of the required
    improvements, including all offsite improvements necessary for the approved
    connection to existing streets, utilities, walkways, and other public improvements.
    Further, the subdivider shall agree at his own cost and expense to do all the work,
    and furnish all the materials and labor necessary to construct and complete the
    required improvements in a good and substantial manner to the satisfaction of the
    City Engineer.

  2. Specifications, Supervision, and Inspections
    The specifications of the City of Hudson shall in all respects govern the construction
    of required improvements. The work shall be done under City supervision and
    inspection and shall be completed within the time fixed or agreed upon by the City

  3. Inspection Costs
    The cost of city inspections shall be paid by the subdivider. An amount of money
    estimated by the City Engineer for such purpose shall be deposited in advance with
    the City Treasurer or otherwise provided for in the improvements plan and
    agreement and bond requirements set forth in this Chapter. The required fee shall
    normally be not less than five (5) percent and not more than nine (9) percent of the
    total estimated cost of the required improvements.

  4. Responsibility Of Public Agencies To Provide Service
    If the City Engineer or other city inspector, or the Summit County Building
    Department, finds upon inspection that any of the improvements being installed and
    constructed, or upon completion, are not in accordance with the plans, specifications,
    or plat in the form in which they were approved, the responsibility of the
    Municipality and/or the County to provide services and utilities shall cease.

  5. Standard Forms For Execution
    The Planning Commission shall prepare, adopt, and distribute standard forms from
    time to time for the execution of subdivision improvement agreements, posting of
    bonds, title insurances, inspection fees, and other administrative procedures essential
    to the carrying out of this Chapter.

  6. Survey Monuments
    See Section 1207.13(c)(9)(I) for monument requirements.

  7. Street Signs
    The subdivider shall place on deposit or arrange as part of any bond agreement,
    sufficient funds to cover the cost of purchase, delivery, and installation of all
    required street name signs. Such signs shall conform to the standards and
    specifications adopted by the City.

Section 1208.15    Improvement Guarantees

  1. Final Plat Approval Contingent on Improvement Guarantees
    At the time of final plat approval, installation of all required improvements shall
    either be complete or the subdivider and City shall execute a Final Subdivision
    Improvement agreement setting forth what improvements remain to be installed. The
    subdivider shall post a performance bond or other guarantee of security as set forth in
    this section for the purpose of assuring the installation of such improvements at or
    before the time the Agreement is executed. The Planning Commission shall not
    approve a final subdivision plat unless it finds that the subdivider has complied with
    this provision.

  2. Performance Guarantees
    The subdivider shall furnish a performance guarantee in a form approved by the City
    and in an amount sufficient to cover the following amounts:
    1. One hundred and ten (110) percent of the City Engineer=s estimate of the
      costs of construction and installation of storm and sanitary sewers, water
      systems, streets, sidewalks, street lighting systems, and facilities and
      appurtenances thereto;

    2. An amount, as determined by the City Engineer, to cover the engineering fee
      commensurate with the work performed; and

    3. An amount, as determined by the City Engineer, to cover the inspection fee
      or fees.

    4. One hundred and ten (110) percent of the City Community Development
      Staff=s estimate of the costs of materials and installation of required
      landscaping and associated materials.

  3. Maintenance Bond
    Unless otherwise provided for in this Code (See, e.g., Section 1207.07(c)(3)
    regarding maintenance of storm water detention/retention facilities.), at the time of
    the City's acceptance of public improvements, the city may require the subdivider to
    furnish a maintenance guarantee in a form approved by the City and in an amount of
    up to fifteen (15) percent of the costs of construction or installation, so as to
    guarantee the proper functioning and structural integrity of such improvements. The
    duration of such guarantee shall be for the following periods of time or until the City
    releases the guarantee pursuant to this Chapter:
    1. Streets, sidewalks, pavement, and facilities appurtenant thereto: Two (2)
      years from the date of acceptance by the City of such facilities;

    2. Street lighting systems and facilities appurtenant thereto: One (1) year from
      the date of acceptance by the City of such facilities and appurtenances; or

    3. Landscaping and Bufferyards: Two (2) years from the date of planting.See
      also Section 1207.04(p), "Maintenance of Landscaping and Bufferyards."

  4. Indemnity Insurance
    The subdivider shall furnish such insurance as is deemed necessary by the City, and
    approved as to form by the City Solicitor, to indemnify and save harmless the City
    from any and all liability arising by reason of the unimproved conditions of the
    streets of such subdivision which may arise or grow out of the construction or
    installation of such facilities. The insurance shall be of such duration as determined
    by the City, but shall in no case be allowed to expire earlier than the effective period
    of any maintenance bond. A copy of the insurance policy shall remain at all times
    with the Clerk of the City Council.

  5. Release of Guarantees
    1. Notice to City Engineer-- Inspection & Report. Upon substantial completion
      of all required improvements, the subdivider or developer may notify the
      City Engineer in writing, by certified mail, of the completion or substantial
      completion of improvements. The City Engineer shall inspect all
      improvements of which such notice has been given and, after consultation
      with other appropriate city officials, shall send a detailed report, in writing, to
      the subdivider or developer indicating either approval, partial approval, or
      rejection of such improvements with a statement of any reasons for rejection.
      The cost of the improvements as approved or rejected shall be set forth.

    2. City Council Action on Approval of Improvements. If the City Engineer has
      approved all or some of the improvements pursuant to paragraph (1) above,
      he shall file a copy of his report with the City Council. The City Council
      shall approve all or some of the improvements on the basis of the report of
      the City Engineer, and shall notify the subdivider or developer in writing of
      its action not later than 90 days after receipt of the notice from the subdivider
      or developer of the completion of improvements.

    3. Release of the Guarantees. Where City Council approval is granted on the
      basis of the report of the City Engineer, the subdivider or developer shall be
      released from all liability, except for any portions of improvements not yet
      approved, pursuant to any performance guarantee for such improvements.