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Amberley Village Overview
Amberley Village, OH Code of Ordinances
VILLAGE OF AMBERLEY VILLAGE, OHIO CODE OF ORDINANCES
VILLAGE OFFICIALS OF AMBERLEY VILLAGE, OHIO
ADOPTING ORDINANCE
CHARTER
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 155.15 SECURITY FOR COMPLETION OF SUBDIVISION IMPROVEMENTS.
   As a condition precedent to the approval of a subdivision plat, the subdivider must complete the improvements outlined in the plan or must give security for such completion. Reserving to itself the right to vary the arrangements in order to provide for security as the circumstances in individual cases may indicate, the Planning Commission sets out the following alternative plans for the giving of security in those cases where public improvements are not completed prior to final approval of the plat.
   (A)   If the subdivider has a contract with a contractor approved by the Village Manager, he may execute an agreement with the village under which he will furnish a bond or cash sufficient to cover the contract price, plus $500 or plus 10% of the contract price, whichever is the larger, and agree that such account may be drawn upon only by checks signed jointly by the subdivider and a co-signer designated by the Planning Commission. Such checks are to be issued only to the contractor for payments in accordance with the terms of his contract and upon certification by the Village Manager that performance has been had under the contract in accordance with its terms; for the payment of the expenses of the Commission in the preparation of the necessary contract; and repayment to the subdivider of any balance left in the account after the improvements have been completed, inspected, and approved by the Village Engineer, and the contractor and expenses paid in full. The agreement will further provide that if the contractor fails to comply with the contract, the subdivider shall have the privilege to substitute another contractor, but in the event of failure to do so or to have the improvements completed within a specified time, the village shall have the right to contract for the completion of the improvements and to draw upon the fund to the extent necessary to pay for such completion.
   (B)   If the subdivider has executed no contract for the making of improvements, he may enter into an agreement with the village by making a similar deposit in an amount equal to the cost of the improvement as estimated by the Village Manager, plus 15%, this deposit to be disbursed in the same manner as provided in division (A) above. The cost of the estimate shall be borne by the developer. When a contract is let, the deposit must be adjusted to equal that required in division (A) above.
   (C)   The subdivider may furnish a surety bond or certified check to the village in the amount of the estimated cost of the improvement plus 15%. That bond is to authorize the village to make the improvements if the subdivider has not had them completed within a specified time, and obligates the surety to pay to the village the cost of making such improvements, up to the extent of the amount of the bond. The subdivider's contract shall take the following form subject to such additional provisions or amendments as deemed necessary by the Planning Commission to adequately secure the construction of the improvements:
   SUBDIVIDER CONTRACT
   This contract executed on the          day of                                   , 20        , by and between                    , Subdivider(s), as evidenced by a proposed plat of a subdivision which is on file in the office of the Amberley Village Planning Commission, referred to as               Subdivision, Village of Amberley Village, Ohio, and the Village of Amberley Village, Ohio.
WITNESSETH:
      (1)   The Subdivider(s) hereinabove set forth are/is the owner(s) in fee simple of the real estate known as                  Subdivision, located and situated on Section         , Town       , Range         , and                  Township, Hamilton County, Ohio.
      (2)   It is the purpose and intention of this agreement to have Subdivider(s) agree in writing to the performance and completion of certain work in connection with the improvements to be located in and on said subdivision, including installation of streets, utilities, and the like. It is further the purpose of this agreement to enter into a contract obligating the Subdivider(s) to perform as hereinafter set forth, which contract shall be secured by a performance bond, or certified check attached hereto and made a part thereof.
   NOW, THEREFORE, IT IS AGREED:
   A.   Subdivider(s) as hereinbefore described, do(es) herewith agree to construct, install, and provide all public improvements as shown on the                Subdivision improvement plan on file in the office of the Amberley Village Planning Commission, and those improvements required under Chapter 155 of the Codified Ordinances of the Village of Amberley Village including specifically the attached work which has been determined by the Village Engineer to be performed but incomplete as of this date:
   B.   Subdivider(s) further agree(s) to construct, install, or otherwise make all public improvements shown on the subdivision preliminary plan, those further shown and set forth to be done and performed by the engineering drawings as specifications noted or shown on the subdivision improvement plan on file in the office of the Planning Commission, and those further improvements required under Chapter 155 of the Code.
   C.   Subdivider(s) further agree(s) to do all that is necessary to accomplish the acceptance of the road(s) as public road(s), within the specified time limits, which includes posting a guarantee surety with the Village as prescribed in Chapter 155 of the Code.
   D.   All of the foregoing shall be performed within a period of         months from the date of this contract, which length of time is hereby fixed by the village as a reasonable period of time, but, if requested by the subdivider, an extension thereof may be granted if approved by the village.
   E.   Subdivider(s) does/do herewith and hereby agree to execute a performance bond or certified check in the sum of                 ($ .00) dollars, which amount is equal to the figure established by the Village Manager, and which shall be to the satisfaction of and in favor of, the Village of Amberley Village, Ohio, to insure the faithful performance of this contract.
IN WITNESS WHEREOF, the parties have hereunto set their hands this        day of                   , 20      .
Witness:
                                                                       
         Subdivider
VILLAGE OF AMBERLEY VILLAGE
                          
               By
(Am. Ord. C-611, passed 2-9-87)
§ 155.16 APPROVAL NOT ACCEPTANCE.
   Approval of a subdivision improvement plan or record plat shall not constitute acceptance of any public improvement, including any street or road shown or indicated by ordinance thereon. Acceptance may only be obtained by approval of Council pursuant to §§ 155.17 through 155.20.
(Am. Ord. C-611, passed 2-9-87)
§ 155.17 ACCEPTANCE OF PUBLIC STREETS OR OTHER PUBLIC IMPROVEMENTS.
   (A)   The developer shall notify the Village Engineer when all public improvements have been completed and request a final inspection. If public streets are to be accepted, a copy of the pavement core report shall also be submitted with the request for final approval.
   (B)   The Village Engineer shall inspect the improvements and determine if the public improvements shown or noted on the subdivision improvement plan or required under this chapter have been completed.
   (C)   The developer shall post the guarantee bond as required in § 155.18 and provide for certificates contained in §§ 155.19 and 155.20.
   (D)   The Clerk shall prepare an ordinance accepting the public improvements for Council's consideration.
(Am. Ord. C-611, passed 2-9-87)
Cross-reference:
   Dedication of land or public right-of-way for public use, see T.S.O. I
§ 155.18 GUARANTEE BOND.
   (A)   Before any improvement is accepted or any responsibility is assumed by the village, a guarantee shall be posted by the developer or owner in an amount equal to $20 per lineal foot of street accepted (measured along the center line) to the satisfaction of Council and in favor of the village, and kept on file in the office of the Clerk. The guarantee shall assure the correction of any defect or failure from any cause whatsoever appearing in any public improvement, as shown on the detailed improvement plans, or an improvement required under this chapter. Except as extended by division (B) below, in the case of rigid pavements, at the option of the Planning Commission, the guarantee shall be for at least three years; in the case of flexible pavement, two years; such periods to commence after acceptance and after obstructions, such as building materials, equipment, and temporary buildings, have been moved from the right-of-way, whichever last occurs.
   (B)   In addition to the time period established in division (A) above, the Planning Commission has the right to establish a minimum period of time and a minimum percentage of building completions in the subdivision prior to release of the bond.
(Am. Ord. C-611, passed 2-9-87)
§ 155.19 SUBDIVIDER'S CERTIFICATE OF TITLE.
   SUBDIVIDER'S ATTORNEY'S
   CERTIFICATE OF TITLE
Amberley Village, Ohio,                     20    
TO THE VILLAGE OF AMBERLEY VILLAGE
   The undersigned                              , an attorney-at-law practicing in Hamilton County, Ohio hereby certifies that he has examined the title to all land dedicated to public use as Public Roads and/or Walkways and/or Easements for maintenance and operation of Storm and/or Sanitary sewers, or other public improvement in proposed             Subdivision, Block          , Section         , and that as of        , 19        , the following person(s) is (are) the owner(s) of all of said property and that he (they) secured title to said property by the instrument(s) recorded in the Hamilton County Recorder's office.
OWNER            RECORD
   The undersigned further states that the above owner(s) has (have) a good and marketable title thereto in fee simple, subject only to the following:
Taxes-current, unpaid                                             
Taxes-delinquent                                                   
Assessments                                                          
Mortgages                                                           
(If there is a mortgage, the mortgagee must sign the plat.)
   Property proposed for acceptance of dedication to public use will be cut out of:
Auditor's Parcels numbered:
           Book             Page        ;
           Book             Page        ;
           Book             Page        ;
Of the current 19       tax duplicate, and is taxed in the names of:
                                 ,                               
and                                                             
      This certification is made for the purpose of securing acceptance of the streets, sewers, and other public improvements thereon.
                              
Attorney-at-law
(Am. Ord. C-611, passed 2-9-87)
§ 155.20 GUARANTEE OF PAYMENT OF TAXES AND ASSESSMENTS (example).
   GUARANTEE OF PAYMENT OF TAXES
   AND ASSESSMENTS ON PUBLIC STREETS
   OR OTHER PUBLIC IMPROVEMENTS
   TO BE ACCEPTED BY THE VILLAGE.
To the Village of Amberley Village:
   In the event and in consideration of the acceptance of the property described in the foregoing certificates and tendered on the plat therein described, the undersigned(s) do hereby jointly and severally agree to pay all taxes and assessments which now are a lien, or which may become a lien prior to such time as said property is exempted from taxation.
                                                
                                                
                                                
(Am. Ord. C-611, passed 2-9-87)
APPENDIX: SUBDIVISION EXHIBITS
Exhibit
   l.   Standard pavement drawings
   2.   Application for permit to improve undedicated streets under village supervision
   3.   Regulations for sewer and water line work
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