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1119.12 STREET NAME SIGNS.
Street name signs shall be furnished and installed by the developer. The design of the signs shall be in accord with the present signs as approved by the Municipality. Signs shall be placed on diagonally opposite corners, on the far right hand of the intersection for traffic on the more important street and as close to the corner as possible.
(Ord. 69-38. Passed 4-20-70.)
1119.13 EXTRA-SIZE AND OFF-SITE IMPROVEMENTS.
The utilities, pavements and other land improvements as required shall be designed of extra size and/or extensions provided as may be necessary to serve nearby land which is an integral part of the neighborhood service or drainage area in addition to the improvements required for the development of the proposed subdivision.
(a) Extra-Size Improvements. The developer shall be required to pay a part of the improvements but shall not be required to pay for that part of the materials or construction of the pavements of arterial streets, trunk sewers or water mains which are determined by the Municipal Engineer, according to standards set forth in this chapter, to be in excess of the size required for the development of the subdivision and the integral neighborhood service or drainage area.
If a storm sewer, a sanitary sewer or a water main in excess of the size necessary to service the development is required, but each less in size than the sewer trunk lines or water mains which are to be constructed and financed on a regional basis, the Municipality may construct the extra-size utility and require a deposit in advance from the developer for the cost of the utility he is required to install and his portion of other costs which the Municipality may assess against the benefitted property owners of the service or drainage area.
(b) Extensions to Boundaries. The developer shall be required to extend the necessary improvements to the boundary of the proposed subdivision to serve adjoining unsubdivided land, as determined by the Planning and Zoning Commission.
(c) Off-Site Extensions. If streets or utilities are not available at the boundary of a proposed subdivision, and if the Commission finds the extensions across undeveloped areas would not be warranted as a special assessment to the intervening properties or as a municipal expense until some future time, the developer may be required, prior to approval of the final plat, to obtain necessary easements or right of way and construct and pay for such extensions. Such improvements shall be available for connections by developers of adjoining land.
(d) Prorating Costs. In making determinations for prorating costs for the construction of off-site extensions or extra-size improvements, the Commission and Council shall consider in addition to the standards set forth in this chapter and other regulations of the Municipality the following conditions:
(1) The relative location and size of the proposed subdivision; and
(2) The traffic estimated to be generated by the development in relation to present streets; and
(3) The natural drainage area for sewers and the service area for water; and
(4) The development benefits that will accrue to the subdivision; and
(5) The sequence of land and utility developments in the vicinity; and
(6) Any other condition it may find pertinent.
(Ord. 69-38. Passed 4-20-70.)
1119.14 DESIGN STANDARDS FOR IMPROVEMENTS.
The design of the water system, storm and sanitary sewerage systems and roadways, the grading of the subdivision and each lot shall be in accord with the various aforesaid standards and requirements. Drawings and specifications for the improvements shall be reviewed and approved by the Municipal Engineer and the installation shall be subject to his continuous inspection.
At the completion of the construction, and before acceptance, the developer shall furnish the Municipality a set of records or "as-built" tracings showing the locations, sizes and elevations of all underground utilities.
(Ord. 69-38. Passed 4-20-70.)
1119.15 PERFORMANCE GUARANTEE IN LIEU OF INSTALLATION OF IMPROVEMENTS.
Concurrently with the application for approval of the final plat, the developer may execute and file with the Municipality a performance bond, secured as hereinafter required, in lieu of actual installation or completion of required improvements.
(a) Form of Bond. The performance bond shall be conditioned upon proper installation of all improvements required by the Codified Ordinances of the Municipality, according to the approved plans and specifications, within two years after approval by the Planning and Zoning Commission or Council of the final plat of the subdivision, and shall provide that the Municipality shall have the right, in the event of default, to install the required improvements after first giving ten days written notice to the developer, to proceed against the developer and against any surety on the bond for the cost thereof and to apply to the cost of such improvements any funds deposited with the Municipality or in escrow as security for performance of the conditions of the bond. The bond shall further provide that the developer shall hold harmless the Municipality, its officers and employees from all claims, demands and causes of action of every nature and description arising out of the installation of improvements within the developer's subdivision, conditions existing during the construction or installation of such improvements and all damages to neighboring property owners resulting from approval of the developer's subdivision by the Municipality and the installation of improvements therein, including, without limitation, damages resulting from increase in surface water flowing from the subdivision and all claims arising out of changes to natural ditches or drainage courses. The terms "claims, demands and causes of action", shall include all expenses of defending against such claims, demands and causes of action, including fees payable to attorneys and expert witnesses, wages paid to Municipal employees while occupied in defense of such claims, demands and causes of actions and wages or salaries reimbursed by the Municipality to Municipal officers to compensate them for wages and salaries lost while engaged in such defense. The form of each performance bond shall be approved in writing by the Director of Law and shall be in a form substantially as shown in Appendix B of original Ordinance 79-86.
(b) Security for Bond. Performance bonds shall be secured as follows:
(1) By the written guarantee of one or more surety companies authorized to conduct business within the State of Ohio. The form of guarantee shall be approved in writing by the Director of Law. The Director may reject a performance bond in the event that he reasonably determines that the assets of the surety company or companies, subject to attachment within the State of Ohio, are insufficient to secure performance of the developer's obligations, taking into account other outstanding liabilities and contingent liabilities of the surety company or companies; or
(2) By deposit of cash in the full face amount of the bond, with the Municipality or with an escrow agent or trustee. In the event funds are deposited with an escrow agent or trustee, all documents or instruments governing the terms of such deposit shall be approved in writing by the Director.
(c) Amount of Bond. The amount of performance bonds shall be determined by the Municipal Engineer and shall be in an amount equal to the estimated total cost of materials and labor required to install or construct all improvements required by the Codified Ordinances of the Municipality, including the estimated cost of repairing or reconstructing public improvements outside the subdivision which may be damaged by construction activity. The amount of a performance bond shall also include estimated damages, if any, to neighboring properties which are the subject of the hold harmless provision contained in subsection (a) hereof, and the estimated costs of defending against claims for any such damages.
(d) Reduction of Bond and Return of Security. When the Engineer shall have certified in writing that all subdivision improvements have been satisfactorily completed in accordance with approved plans and specifications, the performance bond submitted by the developer shall be canceled and all funds deposited as security therefor shall be returned. Upon written certification by the Engineer that any portion of the improvements has, upon inspection, been found satisfactorily completed, a reduction in the amount of the bond or partial withdrawal of funds deposited as security therefor, equal to the cost of such completed improvements, as estimated by the Engineer, may be authorized by the Engineer if, in the opinion of the Engineer the remaining bond or security shall be fully sufficient, under all the circumstances, to guarantee performance of the conditions of the bond. In the event that the developer shall have been required to post a maintenance bond for the same subdivision, pursuant to the requirements of Section 1119.16, the Municipality may retain so much of the funds posted as security for the developer's performance bond as may, in the judgment of the Engineer, be necessary to provide adequate security for the performance of the conditions of the developer's maintenance bond.
(e) Progressive Installation. The developer may apply for final approval and recording of only a portion of the entire subdivision. Under such a progressive unit development procedure, the installation of required improvements and sale or lease of lots may proceed only on that portion of the subdivision which has been approved and recorded.
(Ord. 79-86. Passed 12-3-79.)
1119.16 CERTIFICATION OF COMPLETION; MAINTENANCE BOND.
(a) Certification of Completion. With respect to all improvements which have been installed by the developer prior to the granting of final approval of the subdivision, the Municipal Engineer shall furnish to the Planning and Zoning Commission, at the time that request is made for final approval, a certification that all such improvements have been constructed and installed according to the approved plans therefor, and are ready for use and that they have been approved by the various agencies whose approval is required.
(Ord. 85-5. Passed 4-15-85.)
(b) Maintenance Bond. The developer shall furnish to the Municipality a maintenance bond in the amount of the total cost of all improvements which have been installed. This bond shall be conditioned on the proper operation of these improvements for a period of three years from the date of the granting of the final approval. The bond shall provide that the Municipality shall be held harmless and free of tort and contract claims of third persons, with the right given to the Municipality to effect any necessary repair or correction of these improvements during such three year period and hold the principal and surety jointly and severally liable on the bond. Before the Municipality exercises its right to effect any necessary repairs or correction to the required improvements during such three year period it shall first give a ten day written notice to the developer of its intention to do so.
(Ord. 90-30. Passed 7-16-90.)
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