1113.02 FILING.

   (a)    After receiving notice from the Planning Commission that the preliminary plan has been approved, the subdivider may then proceed to prepare and file with the City Engineer:

      (1)    Copies of the final plat of subdivision as required and specified herein.

      (2)    Street cross-sections, profiles, specifications and other construction drawings for installation of the required public improvements.

      (3)    Inspection fees as hereinafter set forth.

      (4)    Title insurance in the amount of one thousand dollars ($1,000), meeting the approval of the Law Director, covering the lands to be dedicated, showing the title to such dedicated streets or land good in the name of the City.

      (5)    Construction agreement, performance bond and maintenance bond as required and specified herein:

         A.    Should it not be desirable or possible for the subdivider to do all the work herein required to place the streets and other improvement in an acceptable condition prior to the submission of the final plat to the Planning Commission for approval, then such final plat may nevertheless be approved, provided that a construction agreement, performance bond and maintenance bond acceptable to the Law Director is given for the purpose of assuring the installation of such improvements deemed by the Planning Commission to be necessary and appropriate in the public interest. The amount of such performance guarantee shall be sufficient to cover the cost of all improvements or uncompleted portions thereof, based on an estimate furnished or acceptable to the City Engineer and satisfactory to the Planning Commission. Such performance agreement and security may be made under such conditions and time limitations as the Planning Commission may determine; or

         B.    In the event the subdivider desires to complete the required improvements or a part thereof, before seeking final plat approval, he must prepare and file with the City Engineer all of the above listed plat requirements including the execution of the Construction Agreement, but the subdivider need not post the Performance Bond. Construction under this latter procedure shall be withheld until after the Planning Commission has reviewed all of these required final plat documents and has formally authorized the subdivider to construct and install the improvements subject to further certification by the City Engineer and final plat approval set forth herein. Upon completion of the streets and other required improvements, application may be made to the City Engineer, for certification that all such improvements as specified in the Agreement have been satisfactorily installed.

   (b)    As an alternative, and together with copies of the final plat and the title insurance referred to above, the subdivider may petition Council for the construction of all improvements and the levying of special assessments to pay costs thereof. The petition shall:

      (1)    Describe in specific terms the kind of improvements to be constructed and the location and termini of such improvements;

      (2)    Be signed by the subdivider and each owner of each property to be assessed for the improvement and, to the extent known, by the prospective owners of such property;

      (3)    Waive the procedural requirements of Ohio R. C. Chapter 727 and all resolutions, ordinances, hearings and notices for the making of such improvements and the levying of special assessments to pay costs thereof;

      (4)    Set forth what portion, if any, of the cost of the improvement the City will assume;

      (5)    State whether the improvements are to be installed all at once or, with the approval of the Engineer and the Commission, whether portions of the improvements may be installed as determined by the Engineer and Commission to be desirable; and,

      (6)    Contain such other provisions as counsel for the City may determine to be appropriate for the proper safeguarding of the City's interests.

   The procedure in this subsection shall not be utilized unless accepted by Council. The final plat shall not be deemed submitted for final approval of the Planning Commission, nor shall it be so approved by the Planning Commission, until the petition is accepted by Council. (Ord. 35-1984. Passed 6-14-84.)