No final plat of any subdivision shall be approved by Council unless Council is satisfied that one or more of the conditions set forth in divisions (A), (B), (C) and (C)(1) of this section has been met.
(A) The improvements listed in this subchapter have been satisfactorily completed prior to such approval.
(B) The subdivider shall have filed with the Council a surety bond, cashier's check or certified check for 100% of the installation cost of the improvements listed in this subchapter, which shall be approved by the Engineer, guaranteeing to the municipality that such improvements will be constructed and completed in a satisfactory manner and within a period specified by the Engineer, but such period shall not exceed two years. The form of said bond or checks shall be approved by the Solicitor and shall be made payable to, and enforceable by the municipality, and shall provide that the subdivider, his heirs, successors, and assigns, their agents or servants will comply with all applicable terms, conditions, provisions and requirements of these regulations. The bonds may be released, in writing, by the Clerk or the cashier's or certified check may be returned to the subdivider upon: (1) the satisfactory completion of the improvements and approval of the same, in writing, by the Engineer; and (2) the obtaining by the subdivider of letters of certification of payment in full of all contractors, subcontractors, suppliers of materials, engineers, surveyors and all inspection fees or other fees incurred by the installation of the improvements by the subdivider and the presentation of such letters of certification to the Engineer and his approval thereof.
(1) Portion of improvements. When a portion of the improvements has, upon inspection by the Engineer, been satisfactorily completed, a reduction in the amount of the surety bond or cashier's or certified check may be authorized, provided, however, that such reduction shall not reduce the balance of such bond or check below the re- estimated completion cost as of the date of reduction, provided, further, that all other requirements of this section have been properly executed.
(2) Failure to complete site improvements. In the event the subdivider fails to complete the installation of all improvements according to the terms and conditions of the final plat, these regulations and any agreement with the municipality, the municipality, upon proper notice, may complete same and appropriate such portion the bond or check posted for the faithful performance of said work.
(C) The subdivider shall have petitioned Council to have the improvements listed in this subchapter constructed by the municipality and to have assessments levied against the property of the subdivision. Upon recommendation by the Engineer and the Commission, the Council may accept said petition by not less than a majority affirmative vote of all the members of Council.
(1) Form of petition. The petition by the subdivider requesting the construction of the improvements listed in this subchapter and the levying of the assessments therefor shall:
(a) Describe in specific terms the kind of improvements to be constructed and the location and termini of such improvements;
(b) Be signed by the subdivider and each owner of each property to be assessed for the improvement and, if possible, by the prospective owners of such property;
(c) Waive the procedural requirements of R.C. Chapter 727 and all resolutions, ordinances, hearings and notices for the making of such improvements and the levying of assessments therefor;
(d) Set forth that portion, if any, of the cost of the improvement which the City will assume;
(e) State whether the improvements are to be installed all at once, or, with the approval of
the Engineer and the Commission, whether portions of the improvements may be installed as determined by said Engineer and Commission to be desirable; and
(f) Be noted on the final plat as approved for recording.
(D) Progressive installation The subdivider may apply for final approval and recording of only a portion of the entire subdivision. Under such a progressive unit development procedure, the installation of required improvements and sale or lease of lots may proceed only on that portion of the subdivision which has been approved and recorded.
(Ord. 1155, passed 1-10-1966; Am. Ord. 78-10, passed 1-16-1978) Penalty, see § 151.999