(a) Improvement guarantees shall be provided to ensure the proper installation and maintenance of required street, utility and other improvements as specified in Chapter 1181 hereof. The nature and duration of the guarantee shall be structured to achieve this goal without adding unnecessary costs to the developer.
(b) No Final Plat of any subdivision shall be approved until:
(2) The subdivider has filed with the Clerk/Treasurer a surety bond in the amount of one hundred (100) percent of the estimated cost of construction of the improvements, or a cashier's check or certified check in the amount of ten (10) percent of the project cost, approved by the Planning Commission and the Solicitor, guaranteeing to the Village the completion of such improvements in a satisfactory manner within such time, not to exceed two (2) years, as may be fixed by the Commission. The bond or checks shall be approved by the Solicitor and shall be made payable to, and enforceable by the Village of Delta, Ohio.
(c) Upon application of the subdivider, the Planning Commission may waive compliance with subsection (b) hereof upon the following conditions:
(1) No lot or land abutting the unopened and improved street shall be sold and/or conveyed until said lot or land is in conformity with subsection (b)(1) or (b)(2) hereof. However, with the consent of the Planning Commission, all of such abutting lots or land may be sold and/or conveyed as one unit; and
(2) No building or zoning permit shall be issued or buildings constructed on lots or land abutting an unopened and unimproved street until the conditions set forth in subsection (b)(1) or (b)(2) hereof have been complied with.
(d) In the event the developer fails to complete the installation of all improvements according to the terms and conditions of subsection (b)(2) hereof, the Village, upon proper notice, may complete same and appropriate such portion of money or bonds posted for the faithful performance of said work.
(e) Inspections during installation of improvements shall be made by the Village of Delta to insure conformity with the approved Technical Design and Construction Plans and other specifications. The subdivider shall be liable for costs incurred for necessary inspections during construction. An amount covering the estimated costs of such inspections shall be deposited with the Planning Commission prior to commencing the work. The subdivider shall notify the proper administrative officials twenty-four (24) hours prior to commencing work.
(f) Upon completion of all required improvements, the developer shall notify the Planning Commission, in writing, of the completion of improvements and request a final inspection, and shall send a copy of said notification to the Village Engineer. The Village Engineer shall inspect all improvements of which such notice has been given and shall file a detailed report, in writing, with the Planning Commission indicating approval, partial approval, or rejection of such improvements with a statement of reason for any rejection.
(g) The Village Council shall either approve, partially approve, or reject the improvements on the basis of the report of the Village Engineer, and shall notify the developer in writing, by certified mail, of the contents of the report and the action no later than forty-five (45) days after receipt of the notice of completion from the developer. Failure of the Council to send or provide such notification to the developer within forty-five (45) days shall be deemed to constitute approval of the improvements, and the obliger and surety, if any, shall be released from all liability pursuant to such performance guarantee for such improvements.
(h) Where partial approval is granted, the developer shall be released from the portion of the escrow deposit or surety as designated for the completed improvements. However, the final ten (10) percent of the escrow deposit of surety shall not be released to the subdivider until all construction or installation covered by the said escrow deposit or surety is completed, inspected and accepted by the respective governmental authorities.
(Ord. 95-35. Passed 11-20-95.)