In addition to the requirements as hereinbefore set forth for consideration by the Planning Commission, and prior to final acceptance of any plat and any dedications by Council, and as a condition precedent thereto, the developer shall submit, furnish, obtain or perform to Council's satisfaction the following:
(a) Title. An abstract, certificate of title or policy of title insurance showing title to the lands dedicated to public use and/or streets to be free and clear from all liens and encumbrances and approved in writing by the Law Director.
(b) Drawings. Drawings and specifications showing cross-sections, profiles, grading plans, elevations, construction details and specifications for all required improvements, which shall be approved in writing by the City Engineer.
(c) Deposit For Preliminary Investigation. A deposit by the developer shall be made with the Finance Director in an amount of money sufficient, as determined by the City Engineer, to cover the cost and expense of such investigation as may be necessary to determine whether or not such proposed subdivision or resubdivision conforms to the regulations of these Subdivision Regulations, the Zoning Code and regulations of this City, and any other City or State laws applicable thereto. The cost and expense of such preliminary investigation shall be paid by the City from such deposit and, in the event such cost and expense exceed the amount so deposited the deficiency shall be paid to the City by the developer prior to the approval of the plat or the acceptance of any dedication thereon by Council. In the event the amount to be deposited exceeds such expenditure, the balance shall be refunded to the developer.
(d) Improvements To Be Installed. The following improvements shall be installed by the developer under the supervision of the City Engineer and in accordance with plans, specifications, profiles, drawings and other data as approved by the City Engineer:
(1) Pavements. Street pavements, in accordance with City-approved specifications, and the grades thereof shall conform to the grade established by the City Engineer.
(2) Sidewalks. Sidewalks of sawed stone or concrete shall be installed in accordance with Chapter 903.
(3) Trees and Tree Lawns. Trees shall be planted in accordance with Chapter 905 and tree lawns shall be graded and seeded.
(4) Culverts and bridges. All culverts and bridges necessary within the public right of way, all box culverts necessary to carry surface drains, all required drainage or outlets, all crosswalks, all work necessary at the intersections of proposed streets with existing streets in accordance with City-approved specifications.
(5) Water mains. Water mains in accordance with City-approved specifications.
(6) Sewers. Storm and sanitary sewers and facilities, in accordance with City- approved specifications.
(7) Curbs and gutters. Curbs and gutters in accordance with City-approved specifications.
(8) Street name signs. Street name signs in accordance with City-approved specifications.
(e) EDITOR’S NOTE: Former subsection (e) was repealed by Ordinance 96-49.
(f) Street Lighting and Telephone Service. The developer shall submit preliminary plans of proposed subdivisions to the utility companies which will service the subdivision for the preparation of a layout of their distribution system. The distribution system shall be designed to provide service from easements along lot lines, or easements for underground service. The system shall be designed and constructed and easements provided in accordance with the following standards:
(1) Underground electric service. In new subdivision it shall be required that all telephone, electric power and street lighting wires, conduits or cables to serve lots in such subdivision shall be constructed underground and upon easements provided for utilities, except that those wires, conduits or cables owned by or serving individual customers and located wholly on the customer's property, need not be located upon easements. All underground telephone, electric power and street lighting wires, conduits or cables and transformers shall be installed in accordance with the standards required in all orders and applicable regulations of the Ohio Public Utilities Commission. Transformers shall be located in underground vaults under the public walk or in an approved location in a nearby easement.
(2) Street lighting system. In subdivisions served by underground electric service, bases shall be provided for the ultimate installation of street lighting standards on minor streets by the electric utility serving the subdivision at a minimum mounting height for luminaries of fifteen feet and spaced no farther apart then every fourth lot. Bases shall also be provided for the ultimate installation of street lighting standards on major or collector streets by the electric utility serving the subdivision to provide lighting intensity meeting the minimum recommendations of the City Engineer. Until used, the wiring in such bases shall be safely insulated and/or de-energized.
(g) Insurance. The developer agrees to indemnify and save harmless the City against and from any and all loss, cost, damage, liability and expense on account of damage to property of, or injury to or death of, the City and any of its employees, agents or representatives or any third person, caused by, growing out of or in any way whatsoever attributable to the construction of such improvements and the use of any street including, but not limited to, the street delineated on the subdivision plat during construction. The developer further agrees, but without limiting its liability to indemnify the City, to carry liability insurance contracts with any insurance company or companies acceptable to the Law Director during the period of such construction in the sum of one hundred thousand dollars ($100,000) to three hundred thousand dollars ($300,000) for injury to or death of persons, and in the sum of fifty thousand dollars ($50,000) for damage to or destruction of property, which insurance contracts shall include the City as a named insured. The developer agrees to maintain on file with the City during the period of such construction, certificates or memoranda of insurance, evidencing that such insurance contracts are in force.
(h) Council May Assess Cost of Improvements. In the event Council deems it advisable to install sewer or water facilities or any other public improvement in accordance with the special assessment proceedings prescribed by State law, Council shall institute such assessment proceedings immediately upon the acceptance of the plat and dedication.
(i) Bond For Improvement Assessments. In any case where lands are offered for dedication to public use and Council deems it advisable to install therein public improvements by special assessment proceedings, the developer, upon the acceptance of such dedication, shall furnish a bond, in such form and amount and with such sureties as Council may approve, guaranteeing the payment of the assessments so to be levied upon such subdivision, when the same shall become due.
(j) City To Supervise; Payment of Costs and Expenses. All work herein required of the developer when installing any improvement shall be done under the supervision of the City. The cost of all necessary engineering, inspection and any other expense necessary to insure the proper performance of the things herein required shall be paid by the developer to the City. Such payment shall be secured in advance by deposit or otherwise, as Council may approve.
(k) Resubdivision and Vacation. An application for resubdividing, replatting or vacation of a subdivision or a part thereof, shall be made by the owner or owners to the Commission and Council, in the same form and in the same manner as for an original subdivision along with all required maps and other information. The original lots shall be shown by dotted lines, and lot numbers and other references made to previously recorded subdivisions.
(l) Approval of City Engineer. The approval of the City Engineer shall be endorsed on such plat and the City Engineer shall only approve the same after the developer has furnished all of the data, plans, drawings and other documents, and has complied with all of the conditions contained herein.
(m) Street Maintenance Deposit or Bond. The developer shall guarantee the construction and materials of the street pavement for a three year period upon completion of all improvements to the satisfaction of the City Engineer and all other improvements for a twelve-month period upon completion of all improvements to the satisfaction of the Engineer. In order to secure the guarantee, the developer shall deposit with the City an amount equal to two percent (2%) of the total cost of the construction of street improvements in a maintenance fund, or furnish a maintenance bond equal to two percent (2%) of the total cost of the construction of street improvements.
(Ord. 96-49. Passed 12-16-96.)