Any subdivision that does not meet the requirements of a Minor Subdivision is a Major Subdivision. The purpose of the Major Subdivision review provisions of this UDO is to ensure adequate review, approval, and recording of development plats, and to review and approve public and private improvements to be constructed to support the proposed subdivision. Commonly, subdivisions are reviewed and approved in the context of creating developable lots with private development to follow at a later time. Major Subdivisions shall be reviewed in three stages: Concept Development Plan Discussion, Preliminary Plat; and the Final Plat.
(a) Concept Development Plan Discussion Review Requirements and Procedure. The Concept Plan Discussion requires the subdivider to present proposed subdivision design concept sketches and other minimal project information to allow a meaningful discussion of City subdivision requirements, existing parcel conditions and future plans. This discussion also ensures that the subdivider will not be required to expend excessive moneys time and cost in redrafting Preliminary Plats without some assurance that the proposed plat has a reasonable chance of approval.
(1) A subdivider is required to schedule a meeting with the Planning Director or Engineer to resolve basic design questions.
(2) Two (2) copies of a Concept Development Plan shall be presented. The Plan may be in a freehand sketch form and in pencil, showing the proposed layout of streets, lots and other features in relation to the nearest existing public streets, and other pertinent information relative to location, environment and available services.
(3) Variance approval prior to submittal. If a proposed Major Subdivision requires a request for a subdivision variance, such variance must be approved prior to approval of a Concept Development Plan. The review and approval of such a variance may occur simultaneously with Concept Development Plan Review.
(b) Preliminary Plat Review Procedure and Requirements. The Preliminary Plat is a flexible plan differing in format and legal status from the Final Plat. A Preliminary Plat shall be submitted to the Planning Commission prior to the completion of final surveys of roads and lots and before the start of any grading or construction work upon the proposed streets, and before any plat of such subdivision is made in a form suitable for recording. Upon approval of the Preliminary Plat whoever subdivides may have the construction and drainage plans prepared as required in Chapter 1162 (Streets and Sidewalks) and Chapter 1163 (Utility Requirements).
(1) Preliminary plat review procedure.
A. The Planning Commission shall determine whether a Preliminary Plat is in proper form and shall not receive and consider such a map as filed until it is submitted in accordance with the requirements hereof. The Commission shall certify the date the Preliminary Plat submission was deemed complete.
B. Approval or refusal to approve by the Planning Commission shall take place within sixty (60) days of the date of certification, or such further time as the applying party may agree to; otherwise, such Preliminary Plat is deemed approved.
C. The Preliminary Plat is flexible and can be modified by the Planning Commission to solve layout and design issues.
D. Approval of the Preliminary Plat and proposed improvements shall be effective for a period of eighteen (18) months. If the Final Plat has not been endorsed with a Major Subdivision Certificate of Approval within this time limit, the Preliminary Plat must again be submitted to the Planning Commission for approval. However, if the allotment is in the process of preliminary construction of improvements at the end of such eighteen (18) months, this provision may be waived by the Commission.
(2) Preliminary plat submission requirements. Preliminary Plat Review requires that the subdivider present all information needed to enable the Planning Commission to determine that the proposed design is satisfactory and will serve the public interest. An application shall be filed with the Zoning Inspector consisting of a completed application form provided by the City for the approval of the Preliminary Plat, together with six (6) prints of a drawing of the proposed plan of the subdivision.
A. Preparer. The Preliminary Plat drawing shall be prepared by a registered surveyor or registered civil engineer. The Plat shall be accurately and clearly drawn and certified to the effect that the Plat represents a survey made by him which balances and closes, and the monuments shown thereon exist or shall be set as shown, and that all dimensional and geodetic details are correct.
B. Sheet Size and Scale. The Preliminary Plat shall be prepared on sheets of twenty-four inches by thirty-six (24 x 36) inches sheet size at a scale of not more than one hundred (100) feet to the inch. A Preliminary Plat containing less than six (6) acres shall be submitted at a scale of fifty (50) feet to the inch.
C. Identification. The Preliminary Plat shall identify:
1. The proposed name of the subdivision (must not duplicate others in the City), including the tract and original lot number.
2. The names, addresses, and telephone numbers of owners, subdivider, and the person or firm preparing the preliminary plat.
3. Scale, north point, and date.
D. Vicinity Map. A Vicinity Map drawn at a scale of not more than four hundred (400) feet to the inch shall be shown on, or accompany, the Preliminary Plat.
E. Existing Data/Conditions. The following information shall be indicated for the land within, and two hundred (200) feet from, the subdivision boundary:
1. Boundary lines and streets, railroad lines, and easements, including: names (and purpose of easements), location, and right of way widths. Show bearings and distances and the method by which they were derived, as surveyed by a registered surveyor.
2. Owners of adjacent unplatted land and for adjacent platted land, refer to the subdivision plat by name, plat book, and pages.
3. Topography, showing contours with an interval of not more than five (5) feet if ground slope is in excess or equal to four (4) percent, and two (2) feet if ground slope is less than four (4) percent.
4. Approximate direction and gradient of ground slope including delineation of existing drainage patterns on the property, any embankments or retaining walls, any areas with existing slopes in excess of eighteen (18) percent, and rock outcroppings or ridges shall be designated.
5. The location of floodway boundary and floodway elevation as delineated by the Federal Emergency Management Agency; natural and artificial ponds, rivers, streams and other watercourses that appear on 1:24,000 U.S.G.S. maps and their related shore lines or bank; wetlands and marshes; wooded areas; and other significant natural features.
6. The location and acreage of any land that may not be developed due to an existing conservation easement or similar legal limitation on the development of a parcel (with associated acreage).
7. Existing wells and well sites, existing soil classifications and their suitability for development, and any subsurface conditions which may affect the subdivision, especially any conditions that are not typical, such as abandoned mines, etc., if this data is known and available.
8. Utilities, including: location, size and flow line elevations of sanitary, storm and combined sewers; location and size of water mains; location, size and type of gas lines, fire hydrants, power lines and towers and other utility poles and oil and gas wells and their easement widths. If water mains, sewers and/or culverts are not adjacent to the tract, indicate the direction, distance to, and size of the nearest ones showing flow line elevation of sewers and culverts.
9. Zoning district(s), the location and type/use of buildings on unplatted lands, and notations and directional arrows which indicate distances to other nearby nonresidential uses of land.
10. Existing buildings, structures and other significant man-made features on the site and within 200 feet of the project boundary.
11. Planned Public Improvements. Highways, buildings or other major improvement planned by public authorities for future construction on or near the subdivision.
F. Proposed Subdivision Features.
1. Streets, site access roads, and other rights of way or easements, including sidewalks, utility easements, proposed locations of curb-cuts or points of ingress and egress. Show proposed location, widths, and purpose. Indicate each street by a proposed name.
2. Proposed lot lines with dimensions.
3. Preliminary designs of entry features and proposed design guidelines that establish and express unifying design themes in buildings and other improvements, expressed in architectural elements, landscape treatments, light fixtures, and signage.
4. A grading plan showing any proposed topography changes.
5. A conceptual utility and utility easement plan that addresses any unusual conditions or capacity requirements that would affect utilities or require utility easements located outside the public right-of-way.
6. Proposed location and type of buildings, including single-family residential dwellings, multifamily dwellings, shopping facilities, churches, industry, or other uses. Indicate scaled dimensions, lot size, and building and setback lines demonstrating that building locations will be in compliance with applicable spacing and yard requirements. Provide general concepts for architectural guidelines, themes, and unifying urban design elements (as applicable).
7. Descriptions of proposed methods and site design techniques to address potential land use conflicts, particularly as they may relate to existing or potential residential development near nonresidential development. Land use conflicts include light spill-over from signage, parking lots and building illumination, vehicular noise, visual obstructions, and nuisance concerns.
8. Public sites reserved or dedicated for parks, playgrounds or other public use.
9. Land parcels within the subdivision not to be divided into lots.
10. A chart which indicates total site data, including: acreage, total number of lots by size and type, the estimated area of irregular shaped lots in square feet, typical lot size and acres in parks and other public uses. Include proof of any zoning variance or special exception.
11. General description of the roles and legal documents establishing homeowners associations or other legal entities responsible for control over required common areas and facilities;
G. The Planning Commission may require additional information as it deems necessary.
(c) Final Plat Procedure and Requirements. Subject to other requirements of this Chapter that guarantee completion of public improvements, a Final Plat may be submitted to, and approved by, the Planning Commission before the start of any grading or construction work upon the proposed streets and improvements, before any plat of such subdivision is recorded, and prior to the sale of or construction upon any new lot within the proposed subdivision. Final Plats may be for all or a portion of the territory shown as subdivided.
(1) Final plat review procedure. Final Plat Review requires the subdivider to present a Plat together with all data needed to enable the Planning Commission to determine that the subdivision fully conforms to the approved Preliminary Plat and the requirements of this UDO.
A. Submission of Application. Applications for Final Plat Review shall be made to the Zoning Inspector for the approval of any Final Plat by the Planning Commission. Upon determination by the Zoning Inspector that the application is “fully complete” pursuant to Section 1131.04(g), the Final Plat shall be transmitted to the Planning Commission.
B. Review by Officials and Agencies. The Zoning Inspector shall transmit the application for Final Plat Review to appropriate municipal departments and divisions, including, but not limited to: Engineering, Safety, Police, Fire, Health, Planning and Economic Development, Public Service, and Parks and Recreation. The Zoning Inspector may transmit additional copies of the Final Plat documents to utility companies, development consultants, and others as deemed necessary. The officials and agencies shall be requested to make their review and recommendations to the Planning Director within fourteen (14) days from the date of transmission.
C. Planning Commission Action. The Planning Commission shall begin its review of the Final Plat application within forty-five days of a complete application. The Planning Commission shall make good faith efforts to approve, conditionally approve, or disapprove the Final Plat application within sixty (60) days of a complete application.
1. If the Final Plat is disapproved by the Planning Commission, the applicant shall be furnished with a written statement of the reasons for the disapproval.
2. Approval of a Final Plat is contingent upon the following actions:
• Deposit of all bonds and insurance pursuant to Section 1135.03(d) (Dedication of Land to the City).
• Acceptance of the Offer of Dedication and endorsement on the Final Plat by the Louisville City Council pursuant to Section 1135.03.(d);
• The Final Plat is endorsed with a Major Subdivision Certificate of Approval by the Planning Director pursuant to Section 1135.03.(c)(1)D.
D. Major Subdivision Certificate of Approval. As soon as the previous contingencies are satisfied for an approved Final Plat, the Planning Director shall sign and date the Final Plat with the following endorsement:
“I hereby certify that all streets shown on this plat are within the jurisdiction of the City of Louisville and that their installation or completion has been assured by the posting of a performance bond or other sufficient surety and that the subdivision shown on this plat is in all respects in compliance with the UDO, and therefore this Final Plat has been approved by the Planning Commission, subject to its being recorded in the office of the County Recorder of Stark County, Ohio within sixty (60) days of the date this endorsement is executed.”
1. The applicant shall have one (1) year from the date of approval of the Final Plat by the Planning Commission to obtain a Development Permit for site grading and the construction of streets, utilities, and other physical site improvements approved in the Final Plat. Should this one (1) year period elapse without the applicant having obtained the Development Permit, the applicant shall be in violation of its Construction Agreements and Performance Guarantees with the City.
2. Upon the completion and approval of the construction of streets, utilities, and other physical site improvements approved in the Final Plat, the development of individual, subdivided private lots fronting on such streets shall require a Development Permit pursuant to Chapter 1131. When additional administrative review is required pursuant to Section 1131.04(f), such administrative approval shall be required prior to the issuance of a Development Certificate.
E. Recording. Upon approval by the Planning Commission and/or acceptance of the dedication of all streets, highways or other public ways or open space by Council, the Planning Director shall cause such Plat and transfer documents to be recorded in the office of the Recorder of Stark County, Ohio at the expense of the developer. The tracing of the Final Plat, after it has been recorded, will be filed and retained in the office of the City Manager and shall become and remain the property of the City.
F. Approval by Council Required for Dedication of Public Lands. Approval of a Final Plat by the Planning Commission and endorsement of such approval on the Plat by the Planning Director shall not be an acceptance by the public of the offer of dedication of any street, easement, or open space upon the Plat unless such acceptance is also endorsed by Council pursuant to Section 1135.03(d).
G. Revision of Plat after Approval. No changes, erasures, modifications, or revisions shall be made in any plat of a subdivision after approval has been given by the Planning Commission and an endorsement is made in writing on a plat, unless the plat is first resubmitted and the changes approved by the Planning Commission.
(2) Final plat submission requirements. An application shall be filed with the Zoning Inspector consisting of a completed application form provided by the City for the approval of the Final Plat, together with four (4) prints of a drawing of the proposed plan of the subdivision. The Final Plat shall show the following:
A. Preparer. Drawings showing cross sections, profiles, elevations, construction details, and specifications for all required improvements shall be prepared by a professional engineer. The improvement plans shall be prepared in accordance with the standards set forth in Appendix A, obligated to the conditions specified in these Regulations. The Plat shall be accurately and clearly drawn and certified by him or a registered surveyor to the effect that the Plat represents a survey which balances and closes, and the monuments shown thereon exist or shall be set as shown, and that all dimensional and geodetic details are correct.
B. Sheet Size and Scale. A Final Plat shall be drawn in ink on Mylar on one or more sheets measuring twenty-four by thirty-six (24 x 36) inches at a scale of not more than one hundred (100) feet to the inch. Where necessary, the Plat may be on several sheets accompanied by an index sheet showing the entire subdivision. A Final Plat shall also be submitted on one set of sheets of 8 1/2 x 11 inches.
C. Identification. The Final Plat shall identify:
1. The proposed name of the subdivision (must not duplicate others in the County), including the tract and original lot or parcel number.
2. The names, addresses and telephone numbers of owners, subdivider, and all members of the development or construction team.
3. Date of drawing, scale and north point
D. Location Map. A Location Map at 1" = 2000' (USGS) scale shall appear on the face of the map.
E. Certificate of Ownership and Offer of Public Dedication. A notarized certification by the owner(s) of the subdivision that:
1. There are no unpaid taxes, special assessments, or other encumbrances against the land contained in the Plat. The subdivider shall provide such instruments as the Director of Law specifies are necessary to this determination.
2. All areas shown on this plat as streets, alleys, walks, parks, open space, and easements, except those specifically indicated as private, are freely offered, and shall be deemed to be dedicated for any public use authorized by law when such use is approved the Louisville City Council in the public interest.
3. The owner(s) will continue to maintain all such areas shown on this plat as dedicated for a public use until the offer of dedication is accepted by Louisville City Council.
F. Subdivision Features. Indicate the following data, conditions, and proposed plans:
1. Control Points. All drawings shall clearly indicate: dimensions, angles and bearings referred to control points, nearest established right-of-way lines, section lines or other established points with: distances, radii, arcs, chords and tangents of all curves indicated to the nearest one hundredth of a foot; bearings or deflection angles indicated to the nearest second; and the location and description of all monuments found, set or to be set for corporation lines and property lines.
2. Labels. The proposed name (must not duplicate another in Stark County) and width of each right-of-way in the proposed subdivision and those adjoining. Indicate lot dimensions and the number of square feet in every proposed lot, numbered in accordance with the City lot numbering system; and in cases where lots or parcels have previously been transferred without plat out of the tract sought to be subdivided, such lots or parcels previously transferred should also be numbered in sequence with all new lots created in the proposed subdivision.
3. A legal description of the existing and proposed parcels and depict existing and proposed lines and boundaries within the proposed subdivision and those adjoining of all lots and parcels and center lines and right-of-way lines of streets, sidewalks, site access roads, easements, and other rights of way. Include cross sections, profiles, elevations, grades, construction details, specifications and cost estimates, and all calculations and computations for all required street and utility improvements.
4. A grading plan shall show and describe all information pertaining to proposed changes to the topography and surface drainage and indicate these changes with dashed lines. Indicate existing and proposed topography, showing contours with an interval of not more than five (5) feet if ground slope is in excess or equal to four (4) percent, and two (2) feet if ground slope is less than four (4) percent. The location of areas with existing slopes in excess of eighteen (18) percent shall be designated.
5. The location of existing and proposed changes or buffers for natural and artificial watercourses, streams, and other waterways and related shorelines that appear on 1:24,000 USGS maps. The location of any land which is designated as a 100-year floodplain as defined by applicable Federal Emergency Management Agency maps, indicating the floodway and floodway fringe on the floodplain. Where portions of the site have been subject to flooding any time since 1912, the map shall indicate extent and frequency of such flooding. The location of land that is occupied by regulated wetlands as defined by the Ohio Environmental Agency and U.S. Army Corps of Engineers. The locations of existing or proposed wells, well sites, and aquifer recharge areas.
6. Subsurface conditions which may affect the subdivision, especially any conditions that are not typical, such as abandoned mines, etc., if this data is known and available.
7. All soils by areas and their classification, including the description and location of soils classified with moderate to high susceptibility to erosion.
8. Land parcels within the subdivision not to be divided into lots due to an existing conservation easement or similar legal limitation on the development of a parcel (with associated acreage.
9. Owners of adjoining unplatted land and for adjacent platted lots, refer to the subdivision plat by name, plat book and pages.
10. Planned Public Improvements. Highways, buildings or other major improvement planned by public authorities for future construction on or near the subdivision.
11. Zoning district(s) and specific descriptions of permitted uses in specific areas of the development as well as specific development standards, such as maximum residential density, maximum lot coverages, minimum setbacks, permitted parking area locations, and signage limitations. Indicate scaled dimensions, lot size, and building and setback lines. Indicate the existing and proposed locations and type of buildings, including single-family residential dwellings, multifamily dwellings, shopping facilities, churches, industry, or other uses.
12. Final designs of entry features, design guidelines and the location and design of proposed signage, street and parking lighting, landscape treatments, retaining walls and fences. Provide general concepts for architectural guidelines, themes, and unifying urban design elements (as applicable).
13. Land for Public Use: Location and dimensions of all parcels and streets which are to be dedicated or reserved for parks, playgrounds, public use, or easements.
14. A chart which indicates total site data, including: total acreage of land platted, total acreage of streets dedicated, total number and acreage of lots by size and type, the estimated area of irregular shaped lots in square feet, and typical lot size and acres in parks and other public uses. Include proof of any zoning variance or special exception.
15. The Declaration, Articles of Incorporation and either Bylaws (for a Condominium Association) or Code of Regulations (for a Homeowners’ Association) and any other final covenants and restrictions and maintenance agreements to be imposed upon all the use of land and pertaining to the ownership, use, and maintenance of all common areas, including restricted open space, membership requirements, financial responsibilities.
16. Existing and proposed utilities and utility easement plan, including detailed drawings for the: location, size and flow line elevations of sanitary, storm and combined sewers; location and size of water mains; location, size and type of gas lines, fire hydrants, power lines and towers and other utility poles and oil and gas wells and their easement widths. If water mains, sewers, and/or culverts are not adjacent to the tract, indicate the direction, distance to, and size of the nearest ones showing flow line elevation of sewers and culverts. Provide certifications from the appropriate agencies that proposed utility systems are or will be adequate to handle the proposed development, as set forth in Chapter 1163 and that all necessary easements have been provided.
17. Special Studies Required. In the event that the Planning Director or the Planning Commission directs that additional information is necessary in order to make a decision, the applicant may be instructed to conduct additional studies, or seek expert advice. The cost of such studies shall be borne by the applicant. When special studies are required, the consultant performing the study shall be approved by the Planning Director in advance.
G. Staged Development. If a Final Plat is proposed for construction in phases or stages, a construction schedule for each stage of the proposed subdivision shall be specified.
1. Period for Construction of All Stages. The latter stages of the proposed subdivision may be constructed within ten (10) years of the initial approval providing that the initial stage is constructed in conformance with this UDO and latter stages are constructed in conformance with all applicable local, state and federal regulations in effect at the time of construction. Upon the expiration of this ten (10) year period any and all development which has not commenced shall be subject to the application and review requirements for new subdivisions as stated within this Chapter and amendments thereto.
2. Staged Common Area Improvements. The schedule shall identify the timing of completion of improvements that are designed to relate to, benefit, or be used by the entire development (such as a swimming pool or tennis courts in a residential development) provided that:
• If the improvement is one required by this UDO, then the developer shall be required to construct all improvements that benefit lots within each stage during the construction of that stage.
• If the improvement is an amenity not required by this UDO or is provided in response to a condition imposed by an administrative body, then the developer may schedule the construction of the improvement as part of any stage of the development.
(d) Dedication of Land to the City. An offer of dedication of land within a subdivision shall be made to the City by submission of a general warranty deed conveying to the City, its successors, and assigns, good and marketable title to the real estate described in such deed. Acceptance and public dedication of roads, public utilities, and other improvements within a subdivision required in this UDO shall be installed or their installation guaranteed in conformance with the provisions of these Regulations before the issuance of a permit to construct a building upon a lot and before the sale or lease of a lot.
(1) Preliminary requirements. City Council may consider the acceptance and public dedication of improvements within a subdivision only after:
A. Title Insurance. The Director of Law certifies that a title insurance policy (in an amount to be determined by the Director of Law) will be issued insuring the title of the lands to be dedicated to public use. The title insurance policy shall show:
1. The release by the mortgage holder, if any, of all interest in all property dedicated to a public use.
2. All lands offered for dedication for public use are free and clear of all taxes, liens, assessments or encumbrances due and payable, as well as all taxes, liens, assessments or encumbrances due, but not yet payable.
3. The executed general warranty deed submitted by the subdivider is in recordable form and properly conveys good and marketable title to the City, its successors, and assigns of all real estate offered for public dedication in the Final Plat as approved by the City.
B. Liability Insurance. The subdivider shall furnish such insurance as is deemed necessary by the Director of Law which shall indemnify and save harmless the City from any and all liability arising by reason of the conditions which may arise or grow out of the construction or installation of such facilities. The insurance shall be of such duration as determined by the Law Director but shall in no case be allowed to expire earlier than the effective period of any performance guarantee. A copy of the insurance policy shall remain at all times with the Director of Law.
C. Construction Agreement. The City Manager has entered into a construction agreement with the applicant (acceptable to the Director of Law) pursuant to Section 1135.03(e) which provides a timetable for completion.
D. Performance Guarantee. The Planning Director and the City Engineer are satisfied that required improvements have been satisfactorily installed or that adequate financial guarantees pursuant to Section 1135.03(f) have been provided to the City to cover the cost of all items of work to be completed and measures that may be taken in the event of the applicant’s failure to perform.
1. Decision by Council. When all requirements as contained herein and referred to above have been complied with to the satisfaction of Council, an ordinance accepting the streets and other public areas of the subdivision may be enacted.
2. Endorsement by City. Upon the passage of the acceptance ordinance, the Council President, Clerk of Council, and City Manager shall endorse such acceptance upon the tracing of the Final Plat and Deed. The deed, or both documents as applicable, shall immediately be submitted for recordation pursuant to Section 1135.03(c)(1)E.
3. Agreements and Guarantees. All bonds and insurance required under this chapter shall be approved by Council and shall be deposited and remain at all times with the City Clerk.
4. Preservation of Public Lands. Following acceptance of such lands dedicated for public use, the topography, natural features, existing vegetation, and features of historic value of all such dedicated land shall not be altered or their condition adversely affected in any way without the consent of the Planning Commission or as specified in the City’s agreement with the applicant.
(e) Construction Agreement. To assure construction and installation of streets, sidewalks, storm sewers, sanitary sewers and other required improvements in any new subdivision required by these Regulations, the subdivider shall execute a construction agreement with Council in form and substance as determined by the Planning Director and approved by the Director of Law. This agreement shall provide that:
(1) All such improvements shall be constructed and installed at the subdivider's expense in compliance with the standards and specifications for each of the various types of improvements;
(2) Such improvements shall be available to and for the benefit of the lands within such subdivision;
(3) In the case where approval of the Final Plat has been given before construction of improvements and a performance guarantee has been provided and if the improvements are not completed within the specified time, the City, upon proper notice, may complete the improvements and recover full costs and expenses thereof from the subdivider and may appropriate such portion of money or bonds posted for the faithful performance of these works. The execution of any agreement shall not release the City's right to install any such improvements by assessment procedures.
(4) The subdivider and/or contractor shall at all times have a competent representative acting as his agent on the project. The construction agreement shall specify that such representative shall:
A. Be furnished irrespective of the amount of work sublet.
B. Be capable of reading and thoroughly understanding the plans and specifications and he shall receive instructions from the inspector.
C. Have full authority to execute the orders or directions of the inspector and to promptly supply such materials, tools, plant equipment and labor as may be required.
D. Cooperate with the inspector and with other contractors in every way possible. The inspector's orders should be executed without delay.
E. Have available on the project, at all times, a clearly readable copy of all required plans and specifications.
(5) Any further provisions that the Director of Law deems necessary in the public interest may be added.
(f) Performance Guarantee. The developer may execute and file with the City Clerk financial guarantees in lieu of actual installation or completion of the required improvements.
(1) Type. Such guarantees may be in the form of a performance or surety bond, a certified check, or any other type of surety approved by Council.
(2) Amount. The financial guarantee shall be in an amount equal to estimated total cost of materials and labor required to install or construct the improvements, as verified by the City Engineer, plus ten (10) percent of the cost of construction as a maintenance guarantee or for construction cost increases over the life of the project. Upon inspection, when any portion of an improvement has been found satisfactorily completed, a reduction in the bonds, or partial withdrawal of funds equal to the estimated costs of such completed improvements, may be authorized by Council.
(3) Term. The terms of such guarantees shall not be for a period of more than eighteen (18) months unless Council, by resolution, extends the time.
(4) Action upon failure to perform. If the construction improvements are not completed within the specified time, the City, upon proper notice, may complete the improvements and recover full costs and expenses thereof from the subdivider and may appropriate such portion of money or bonds posted for the faithful performance of these works. The execution of any agreement shall not release the City's right to install any such improvements by assessment procedures.
(5) Maintenance of improvements of dedicated streets and improvements.
A. The subdivider shall be responsible for the maintenance of the improvements installed and shall be responsible for providing the services necessary to guarantee access to all the occupied lots, including snow removal, during the construction period and for a period of twenty-four (24) months after City acceptance and public dedication of the land and improvements.
B. The developer shall repair any failures due to faulty construction as soon as they become apparent. Any erosion, abuse, or damage done to the improvements by utility companies, construction traffic, and local traffic or by any other means during the maintenance guarantee period shall be repaired or the damaged materials replaced in a satisfactory condition. The subdivider shall be given adequate and appropriate notice by the City of the need for such maintenance or service.
C. The streets, street trees, monuments, utilities, and other public improvements shall be in a condition acceptable to the Planning Director and the Public Service Director at the end of the maintenance period. Upon failure to perform such acceptable maintenance, the Planning Director may use such financial maintenance guarantee for restoration of required public improvements within the subdivision.
(g) Preconstruction Meeting and Construction Responsibilities. Prior to the commencement of any project, a preconstruction meeting will be held at the City offices. At this time the project will be discussed in regard to procedure, materials, inspection, etc.
(1) Cooperation of subdivider and/or contractor. The subdivider and/or contractor shall have available on the project at all times, two approved copies of all required plans and specifications. He/she shall cooperate with the inspector and with other contractors in every way possible. The subdivider and/or contractor shall at all times have a competent superintendent acting as his/her agent on the project. The superintendent shall be capable of reading and thoroughly understanding the plans and specifications. He/she shall have full authority to execute the plans and specifications and to promptly supply such materials, tools, plant equipment and labor as may be required. A superintendent shall be furnished irrespective of the amount of work sublet.
(2) Work schedules. The subdivider and/or contractor shall submit work schedules to the City Engineer. Work which has not been properly scheduled shall not be accepted by the City Engineer.
(3) Grade stakes. Pavement and pipe grade stakes shall be set at twenty-five (25) foot intervals on horizontal and vertical curves and for all grades less than one (1) percent. Tangent pavement grades and pipe grades over one (1) percent may be set at a maximum interval of fifty (50) feet. The inspector may ask for additional grade stakes if it is deemed necessary.
(4) Repair of damage. Any damage done to the improvements by construction traffic, local traffic or by any other means shall be repaired or the damaged materials replaced before the next item of construction is begun.
(h) Final Cleaning Up. Upon completion of the work and before acceptance, the subdivider and/or contractor shall clean all ground occupied or affected by him in connection with the work. The entire area shall be left in a neat and presentable condition satisfactory to the inspector.
(i) Final Inspection. Upon completion of all the streets, storm sewers and sanitary sewers improvements, the subdivider shall request in writing a final inspection by the City Engineer as required under Ohio R.C. 711.091 and shall furnish the City Engineer with a set of “as built” drawings for permanent record, showing the locations, sizes and elevations of all improvements as constructed. After such request, the City Engineer or his deputy shall promptly make a final inspection of the improvements.