1228.09 IMPROVEMENT BOND.
   (a)   Subdivisions Within the Corporate Limits. The improvements and standards heretofore described in this chapter, insofar as they apply to subdivisions located within the corporate limits of the City, have been adopted by Council, and no final or official plat of any subdivision shall be approved unless:
      (1)   The improvements provided for in this chapter have been satisfactorily completed prior to such approval; or
      (2)   The subdivider files with the City Auditor a surety bond or cashier's or certified check, in an amount equal to one and one-half times the estimated cost of the improvements required by the ordinances of the City, guaranteeing to the City that such improvements will be constructed and completed in a satisfactory manner and within a period specified by the Safety-Service Director, but such period shall not exceed two years. Such bond or checks shall be approved by the Director of Law and shall be made payable to, and enforceable by, the City. Upon satisfactory completion of the improvements and approval of the same in writing by the Safety-Service Director, and with the presentation of letters of certification of payment in full of all contractors, subcontractors, suppliers of materials, engineers, surveyors and all inspection fees or other fees incurred by the installation of the improvements by the subdivider, the bonds may be released in writing by the City Auditor or the cashier's or certified check may be returned to the developer.
   (b)   Subdivisions in Unincorporated Areas. The improvements and standards, as adopted by the County Commissioners of Madison County, shall apply and no final or official plat of any subdivision shall be approved unless:
      (1)   The required improvements have been satisfactorily completed prior to such approval; or
      (2)   The subdivider files with the County Auditor a surety bond or cashier's or certified check, in an amount equal to one and one-half times the estimated cost of the improvements required by the County, guaranteeing to the County that such improvements will be constructed and completed in a satisfactory manner and within a period specified by the County Engineer, but such period shall not exceed two years. Such bond or checks shall be approved by the County Prosecutor and shall be made payable to, and enforceable by, Madison County, Ohio. Upon satisfactory completion of the improvements and approval of the same in writing by the County Engineer, and with the presentation of letters of certification of payment in full of all contractors', subcontractors', suppliers' of materials, engineers', surveyors' and all inspection fees or other fees incurred by the installation of the improvements by the subdivider, the bonds may be released in writing by the County Auditor or the cashier's or certified check may be returned to the developer.
(Ord. 106-83. Passed 3-3-83.)