§ 152.094 MATERIALS AND CONSTRUCTION PROCEDURE.
   (A)   Maintenance bond.
      (1)   After completion of the improvements required by these subdivision regulations, and after final inspection by the village which results in a finding that all installations meet the requirements of the approved plans, specifications and the provisions of these regulations, the owner of the subdivision shall give to the village a maintenance bond in an amount equal to 10% of the reasonable value of the improvements constructed, guaranteeing against defective workmanship or material incorporated in the project, or any displacement of or damage to the pavement, walks or other improvements for a period of 12 months from the time of the final inspection following the completion of the improvements. Such bond shall be executed by the owner and a surety or sureties satisfactory to the Village Clerk-Treasurer and Solicitor and be given to the village before approval of the final plat.
      (2)   At the termination of such 12-month maintenance period, the owner may apply to the village for an inspection of the various items of work. Before such inspection is made, the owner shall cause the sanitary sewer, storm sewers and the surface of the pavement and walks to be cleaned. When the village finds that any defects in workmanship or materials which might have developed within the 12-month maintenance period have been properly corrected, they shall notify the owner that the bond may be released, and the village shall assume all maintenance thereafter.
      (3)   If during such 12-month maintenance period defects in workmanship or materials develop and are not corrected by the owner, then the bond shall be forfeited and the money shall be collected by the village and used to correct such defects. The money that is collected from the bond shall be used for no other purpose, and any remaining after the completion of the work shall be returned to the original depositor.
   (B)   Materials. Unless otherwise indicated on the plans, with advance approval of the Village Administrator, materials shall meet the requirement and shall be in accordance with the material details of the current volume of the Construction and Material Specifications, State of Ohio, Department of Transportation. The materials will be referred to by material grade or section number of the same current volume.
   (C)   Field construction and engineering. All items of work covered and stipulated on the construction plans, altered or extra work shall be performed in accordance with the lines, grades, typical cross sections and dimensions shown on the construction plans. All streets shall be graded the full width of the right-of-way. The setting and marking of all line, profile and grade stakes necessary for the proper prosecution of the work in accordance with the construction plans will be performed only by an authorized engineer or surveyor. Should any misunderstanding arise as to the intent or meaning of the construction plans, or as to the proper method of setting and marking of the construction stakes, the decision of the Village Administrator in such cases shall be final.
   (D)   Duty of inspector. It shall be the duty of a village inspector to act on behalf of the village to see that all improvements are constructed in accordance with the plans and specifications therefore. No grading, paving or installation of any of the various utilities shall be done in the absence of a village inspector. The presence of a village inspector on the job shall in no manner relieve the owner from his or her responsibility to do the work in accordance with the approved plans and specifications therefore.
   (E)   Supervision. The owner shall have a competent superintendent on the job at all times when work is in progress. Such superintendent shall be qualified to supervise and coordinate various items of work efficiently. He or she shall be authorized by the owner to receive and fulfill instructions from the Village Administrator. Should any person be considered by the Village Administrator to be disorderly or incompetent at his or her work, he or she shall, upon notice from Village Administrator, be discharged and not employed again without the Village Administrator’s permission.
   (F)   Grading. All streets shall be graded to the full width of the dedicated right-of-way in accordance with the typical cross section, and to the approved grade indicated on the profile therefore. In fill areas, all sod and topsoil shall be removed and the fill built up in layers not exceeding eight inches in thickness,
   (G)   Loose measurement. Each layer shall be compacted to the proper density as determined by the engineer. After the pavement and walks have been completed, the unpaved area shall be properly shaped and raked free of stone and debris, and shall be left in a suitable manner for seeding.
   (H)   Paving. The paving of streets shall be done in accordance with the village standard drawings entitled Typical Paving Sections, Village of Brewster and are adopted by reference as part of this chapter and are on file with the Village Administrator. The construction of these pavements shall be done in accordance with the latest Construction and Material Specification, State of Ohio, Department of Transportation. Drawings are herewith made a part of these subdivision regulations.
      (1)   Paved streets. The owner or subdivider shall construct paved streets within the subdivision according to the following specifications: the design and thickness of which are to be determined by the Village Administrator, and shall be constructed of permanent type pavement with integral curbs constructed on a properly prepared subgrade.
      (2)   Cost of improvements. The entire cost of construction, preparing drawings and specifications, including engineering supervision and overhead together with the inspection of construction, shall be borne by the developer.
   (I)   Sidewalks.
      (1)   In the event the owner or subdivider constructs sidewalks within the subdivision, they shall be constructed of portland cement concrete, a minimum of four feet in width and in accordance with village standards.
      (2)   The entire cost of construction, preparing drawings and specification including engineering supervision and overhead, together with the inspection of construction, shall be borne by the developer.
   (J)   Street lighting. The owner or subdivider shall install street lights within the subdivision according to the village’s electric utility rules and regulations.
   (K)   Acceptance of work. When the work has been completed, the Village Administrator or his or her representative shall be notified. The improvement shall then be inspected by the Village Administrator or his or her representative. If the work is found to be satisfactory and done in accordance with the specifications, and such street is in good repair, the Village Administrator make such recommendations to Council for final acceptance of the improvement.
(Ord. 09-2001, § 116.87, passed 3-5-2001)