1191.06 CONSTRUCTION.
Following approval of the Preliminary Plat, the Subdivider may proceed to install streets, sanitary sewers, and other public improvementsas required in Chapter 1199. The Subdivider shall submit the required construction plans and drainage plans, per Section 1193.02, to be approved by Director of Engineering and attend a pre-construction meeting with staff prior to construction commencing. Access for City representatives must be provided at all times during installation of underground utilities in order to accurately locate valves, bends, fittings, services connections, fusion welds, etc. using GPS technology.
(a) Pre-Construction Meeting. Prior to starting any of the work covered by the approved construction and drainage plans, the Subdivider shall attend a preconstruction meeting with the Subdivider, the Subdivider's engineer and contractor, and appropriate representatives from City Departments including Planning, Engineering, and Public Works. At the meeting, the Subdivider and their contractor shall submit the following:
(1) Explicit information on the work to be done
(2) Names of contractors and sub-contractors
(3) A schedule of the work to be completed
(4) Starting and completion dates
(5) A payment and arrangement agreed upon by the City and the Subdivider, to provide inspection of the work sufficient in the opinion of the Director of Engineering, to ensure compliance with the approved plans and specifications.
(b) Completion of Public Improvements.
(1) The construction of all public improvements required herein shall be completed within three (3) years from the date of approval of the Preliminary Plat by the Planning Commission. If the required public improvements are not completed within three (3) years from the approval of the Preliminary Plat, the Subdivider may request an extension of the approval from Planning Commission. Such extension request shall be submitted to the Planning Commission for its consideration prior to the expiration of the Preliminary Plat. The Preliminary Plat shall expire if the improvements are not completed within the required timeframe and an extension was not requested by the Developer. When a Preliminary Plat expires, the Developer will be required to submit a new Preliminary Plat to the City for review and approval before proceeding with the development.
(2) All storm sewers and all major ditches and swales draining the proposed subdivision area and any area beyond adjacent lots and erosion control shall be installed prior to the start of lot grading work and the occupancy of any structure. Grading of swales, ditches, etc. shall be completed as the initial grading operation.
(3) The Subdivider shall be responsible for the installation of all drainage facilities shown on the Official Drainage Plan, except for minor lot swales that are the responsibility of the lot owner. Lot owners shall be responsible for construction of minor swales draining just their lot or the adjacent lot and such work shall be shown on the plot plan or site plan submitted with the application for a building permit. Such plans shall be in accordance with the Official Drainage Plan.
(4) No Final Plat for any subdivision shall be approved unless all the required public improvements, as required in Chapter 1199, have been completed and certified. In the event that site circumstances result in the inability to complete certain public improvements (i.e., sidewalks, street trees, and streetlights) prior to the Final Plat being issued, the Subdivider may submit a request to the Director of Planning for an alternate construction time line. If approved by the Director of Planning, the Subdivider can file with the Planning Department a good and sufficient surety to cover the full cost of completing any unfinished improvements by the City of Hamilton.
(c) Surety. If the Developer requests to file a surety and such request was approved by the Director of Planning as stated in Section 1191.06(b) herein, the Developer must submit a surety in the form of the following:
(1) A performance bond in the amount of one hundred percent (100%) of the total cost for the City of Hamilton to completely install and inspect all of the approved improvements; and
(2) A maintenance bond in the amount of ten percent (10%) of the total cost of all installed, inspected, and approved improvements.
(d) As-Built Drawings. The Subdivider shall submit three paper copies of “As-Built” detailed construction drawings of all installed, inspected, and approved improvements prior to approval of the Final Plat. The As-Built drawings shall be submitted in a digital format compatible with the City’s mapping system and one set of drawings in pdf format. The performance still due shall be secured by either a performance bond or a cash deposit to the City. As-Built drawings shall be prepared and stamped by a Professional Engineer or Land Surveyor registered in the State of Ohio. Strikethrough proposed dimensions and elevations and show As-Built information in “red”. Information shall include, at a minimum: pipe size, material, and lengths; structure locations; top of rim elevations; invert elevations; detention/retention basin outlet structure dimensions; size and inverts of orifice/windows on outlet structures; top of bank and spillway elevations for detention/retention facilities; detention storage volume verification; location of detention storage area in relation to storm water basin easement; and fire hydrants, valve and lateral/service locations.
(e) Maintenance.
(1) The Subdivider shall maintain and keep in repair all required improvements for one year from the date the constructed streets are approved by the Director of Engineering. Prior to the end of the one-year maintenance period, the Director of Engineering or designee shall conduct a final inspection of the subdivision. Any repairs or maintenance required during the period of time after the Final Plat approval and prior to the expiration of the maintenance bond shall be completed within the timeframe established by the Director of Engineering.
(2) After all improvements have been completed, inspected, and approved, the Subdivider shall file with the Planning Department a maintenance bond in the amount of ten percent (10%) of the total cost of the improvements, which bond shall be secured by a deposit of cash with the City, a pledge of cash in an escrow amountat a financial institution, or a corporate surety. The maintenance bond shall remain in effect for a period of one year after completion and acceptance of improvements.
(f) Surety Release.
(1) The performance bond or cash deposit to the City shall not be fully released until the required maintenance bond, as provided in Section 1191.06(e) herein is filed with the Planning Department. In addition, three copies of final “As-Built” detailed construction drawings and a video of storm and sanitary facilities, as required in Section 1191.06(d), shall be submitted, reviewed, and approved prior to the release of any portion of the surety. The estimated costs to be used for the bonding estimate purposes for “As-Built” drawings shall be one and five-tenths percent (1.5%) of the total cost of all public improvements.
(2) Such surety maybe partially released upon the following schedule:
TABLE 1191.1: Surety Release Schedule | |
Percentage of Completion | Percentage of Release |
35% | 20% |
65% | 50% |
90% | 75% |
100% | 90% |
(Ord. 2021-5-30. Passed 5-12-21.)