(a) Completions. Upon satisfactory completion of all the improvements as required in Article 400 of these regulations and the approval and certification in writing of the City Engineer that the improvements have been properly installed, along with the presentation of letter of certification of payment in full of all Contractors, Subcontractors, suppliers of materials, Consulting Engineers, Surveyors and all inspection fees or other similar fees incurred by the Subdivision Bond may be released. Authorization of the release shall be obtained in writing from the City upon direction of the Council.
(b) Partial Completions. Upon satisfactory completion of specific individual improvements which comprise a part of the total improvements to be constructed within the Subdivision, and the approval and certification in writing of the City Engineer that said improvements have been properly installed along with the presentation of related letters of certification of payment in full of the involved Contractors, Subcontractors, suppliers of materials, Consulting Engineers, Surveyors and all related inspection fees or other similar fees incurred by the Subdivider, a reduction in the Subdivision Bond may be authorized; provided, however, that such reduction shall not reduce the balance of the bond below the estimated construction costs necessary to complete the remaining required improvements. Authorization of the release shall be obtained in writing from the City.
(c) Progressive Installation. The Subdivider may apply for approval by the City of Canfield, Ohio and the recording of a completed portion of a Subdivision. Under such a progressive development procedure, the sale or lease of lots within the completed portion of the Subdivision may proceed only when that portion which has been approved by the City of Canfield, Ohio, has been recorded in the Office of the Mahoning Recorder.
(d) Failure to Satisfactorily Complete Required Improvements. The Subdivider shall be in default of the Subdivider’s Agreement with the City of Canfield, Ohio when any one of the following conditions exist:
(1) In the event that the Subdivider has failed to satisfactorily complete the installation of the required improvements as specified in these Subdivision Regulations, in accordance with the terms and conditions of the Subdivider’s Agreement with the City of Canfield, Ohio.
(2) The Subdivider has failed to construct and/or install the required improvements in accordance with the minimum standards specified in these Subdivision Regulations, and is unwilling to modify, upgrade or reconstruct said improvements to conform with the requirements within a thirty day time period from notification.
(3) The improvements constructed and installed in the Subdivision have failed, deteriorated or have not functioned properly during the two (2) year time period immediately following their acceptance by the City of Canfield, Ohio due to the manner in which they were constructed and installed or when the required improvements are not in accordance with “record” drawings submitted to the City by the Subdivider and the Subdivider has failed to correct the deficiencies upon the request and instruction of the City of Canfield, Ohio.
(Ord. 2001-13. Passed 3-21-01.)