(a) General. The final plat shall have incorporated all changes or modifications required by the Planning Commission, otherwise, it shall conform to the preliminary plan and it may constitute only that portion of the approved preliminary plan which the applicant proposes to record and develop at the time, provided that such portion conforms with all requirements of the Subdivision Regulations. It shall contain the information required by the Municipal Standards for Plan Content for a Subdivision Final Plat.
(b) Filing.
(1) The final plat shall be submitted to the Planning Commission not later than twelve months after the date of approval of the preliminary plan, otherwise, it will be considered void unless an extension is requested in writing by the applicant and granted by the Planning Commission, in writing, for good cause shown. The Applicant shall submit ten copies for approval.
(2) The final plat shall be considered officially submitted after it is examined by the Village Engineer and is found to contain all of the data as required by Municipal Standards for Plan Content for a Subdivision Final Plat. The final plat shall be submitted not less than fifteen working days prior to the Planning Commission's regularly scheduled meeting at which it is to be considered.
(c) Approval.
(1) The Planning Commission shall forward copies of the final plat to such officials and agencies as may be necessary for the purpose of final approval subject to their aforemade recommendations to the preliminary plan. After receipt of approval from such officials and agencies the Planning Commission shall take action on the final plat within thirty days, making their recommendations for approval or disapproval of the final plat to Council for final action.
(2) The applicant shall be notified of the approval of the final plat by the Planning Commission. The applicant shall then present the final plat to Council for approval.
(d) Bonding.
(1) No final or official plat of any subdivision shall be approved unless the applicant has filed with the Fiscal Officer of the Village a surety bond, cashier's check, certified check or Performance Fund Agreement providing for payment of one hundred percent of the cost of the installation improvements, as determined by the Village's Engineer. Said security shall guarantee to the Village of Middlefield that the improvements required by the final plat will be constructed and completed in a satisfactory manner and within a period specified by the Engineer, not to exceed two years. Upon (i) satisfactory completion of the improvement, (ii) obtaining written approval of same by the Engineer, (iii) presentation of waivers of mechanics’ liens by all contractors, subcontractors, suppliers of materials and surveyors, (iv) payment to the Village of all inspection fees or other fees incurred by the applicant, the Fiscal Officer may release the bond, funds, or Performance Fund to the applicant.
A. In the event the applicant posts a performance bond, the form of the bond shall be approved by the Solicitor. The bond shall be made payable to and enforceable by the Village of Middlefield and shall require the applicant and the applicant's heirs, successors and assigns to comply with all applicable terms, conditions, provisions and requirements of the subdivision regulations and as specified on the final plat.
B. If the applicant files with the Fiscal Officer a cashier's check or certified check for one hundred percent of the installation cost of the improvements, the applicant shall also provide written certification that the funds are submitted pursuant to this section, and that the Village of Middlefield is authorized to use these funds to complete the subdivision improvements as required herein. The applicant shall also certify, on behalf of the applicant and the applicant's heirs, successors, and assigns that the applicant will comply with all applicable terms, conditions, provisions and requirements of the subdivision regulations and as specified on the final plat.
C. The applicant may use a Performance Fund Agreement in substitution of the performance bond or cash payment specified above only if the terms of the Performance Fund Agreement are approved in writing by the Solicitor and accepted by a motion adopted by a majority of the Council. No such Performance Fund Agreement shall be approved unless it provides for all of the following:
1. The Performance Fund Agreement must obligate a reputable financial institution, with offices in Geauga County, Ohio, to the Village of Middlefield for all of the applicant's guarantee obligations specified herein;
2. The Performance Fund Agreement must obligate the financial institution to pay to the Village of Middlefield the entire disbursements which the Village has, in writing, previously authorized, and thereafter permit the Village to complete the construction of subdivision improvements using said funds;
3. No funds shall be disbursed from the Performance Fund without receipt by the financial institution of prior written approval from the Village; and
4. The savings passbook, or other evidence of funds on deposit with the financial institution, shall be maintained in the sole custody of the Village's Fiscal Officer, pending completion of the subdivision improvements and the release of those funds by the Village;
5. The Performance Fund Agreement shall be irrevocable by both the applicant and the financial institution and shall inure solely to the benefit of the Village of Middlefield.
If the applicant requests and the Village approves the use of a Performance Fund, the Village may, but is not obligated, to authorize a partial release of funds to pay for improvements as they are constructed. No such partial release shall be permitted unless the Village's Engineer has certified that the work for which the funds are being released has been performed and that the payment will not reduce the balance of the Performance Fund below the reestimated completion costs as of that date.
If the applicant requests and the Village of Middlefield approves the use of a Performance Fund, the Village may, but is not obligated to allow for the amount of the Performance Fund to be increased to cover the estimated cost of the maintenance and operation of the improvements for two years after acceptance, as provided more fully by subsection (f) hereof.
(2) When a portion of the improvements has been satisfactorily completed and approved, based on an inspection of the Village's Engineer, a reduction in the bonds, partial withdrawal of funds or reduction in the amount of the Performance Fund may be authorized. However, such reduction shall not reduce the balance of the bond below the re-estimated completion cost as of the date of reduction and, further all other requirements of this section must have been complied with.
(3) For a progressive installation development 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.
(4) In the event the applicant fails to complete the installation of all improvements according to the subdivision regulations and as specified on the final plat, the Municipality, upon notice to the applicant, may complete same and appropriate such portion of the bonds, money or Performance Fund posted for the performance of such work.
(e) Acceptance of Dedication.
(1) Upon completion of all improvements, including roads, grading, culverts, seeding, mulching, monumentation and all other items required by the Village, except sidewalks, the developer shall notify the Village Engineer by letter that all improvements have been completed. The Engineer will then schedule an inspection of the completed improvements. The developer or his engineer shall accompany the Engineer or his representative on the inspection. The procedure shall be repeated until such time that the Engineer determines that all required improvements, excepting only sidewalks, have been satisfactorily completed for acceptance in conformance with all applicable regulations, specifications, and drawings.
(2) Upon satisfactory completion of all required improvements, excepting only sidewalks, the Engineer will notify Council and will sign the recorded plat to certify, in accordance with Ohio R.C. 711.091, that he has inspected the construction and the condition of the streets and cul-de-sacs dedicated to public use and that the improvements and facilities have met all bonding requirements for completion.
(3) In the event the developer has completed installation of all required sidewalks, the Engineer shall inspect them and if all sidewalks have been constructed in accordance with applicable ordinances and regulations of the Village and with the specifications set forth on the plan, the Engineer shall notify Council.
(4) In the event that the developer has not completed installation of all required sidewalks, the Engineer shall determine the estimated cost to the Village of completing the installation of all required sidewalks in the subdivision. Prior to taking action to accept dedication of the improvements as authorized by this section, the Village shall require the developer to post a bond or performance fund, in the full amount of the estimated cost of said sidewalk improvements.
(5) Upon satisfaction of the foregoing requirements, and in conformance with Section 723.03 of the Revised Code, the Municipality may take legislative action to accept the improvements for public dedication.
(6) Notwithstanding any other provision of this section, the developer shall install all required sidewalks no later than three years following the initial filing of the subdivision plat unless the Planning Commission within its discretion, shall determine that there is good cause to extend said deadline.
(f) Provisions for Maintenance and Operation.
(l) Where the subdivision contains sewers, sewage treatment plants, water supply systems, park areas, street trees or other facilities, necessary or desirable for the welfare of the area and which are of common use or benefit and which are of such character that the Municipality, county or other public agency does not desire to maintain them, then provisions shall be made by trust agreements, which are a part of the deed restrictions and which are acceptable to the Planning Commission for the proper and continuous maintenance and supervision of such facilities by the lot owners in the subdivision.
(2) Upon completion of the improvements, excepting only sidewalks, and before Council will accept for dedication the subdivision roads or release the performance fund to guarantee the installation of sidewalks, the developer shall provide a maintenance bond or Maintenance Fund Agreement with cash or certified check to Council in the amount of fifteen percent (15%) of the total cost of the improvements, unless, for good cause, a greater or lesser amount is recommended by the Engineer and approved by the Planning Commission.
A. The developer may use a Maintenance Fund agreement in substitution of the performance bond or cash payment specified above only if the terms of the Maintenance Fund Agreement are approved in writing by the Solicitor and accepted by a motion adopted by a majority of the Council. No such Maintenance Fund Agreement shall be approved unless it provides for all of the following:
1. The Maintenance Fund Agreement must obligate a reputable financial institution, with offices in Geauga County, Ohio, to the Village of Middlefield for all of the applicant's guarantee obligations specified herein;
2. The Maintenance Fund Agreement must obligate the financial institution to pay to the Village of Middlefield the entire disbursements which the Village has, in writing, previously authorized, and thereafter permit the Village to maintain the construction of subdivision improvements using said funds;
3. No funds shall be disbursed from the Maintenance Fund without receipt by the financial institution of prior written approval from the Village; and
4. The savings passbook, or other evidence of funds on deposit with the financial institution, shall be maintained in the sole custody of the Village's Fiscal Officer, pending completion maintenance period and the release of those funds by the Village;
5. The Maintenance Fund Agreement shall be irrevocable by both the developer and the financial institution and shall inure solely to the benefit of the Village of Middlefield.
B. The developer may provide a Maintenance Fund that is a combination of a contractor's maintenance bond (providing for maintenance and repair of improvements due to defects in materials and workmanship) combined with a Maintenance Fund, provided that:
2. The amount of the guarantee equals or exceeds the amount required by this section.
3. Said arrangement is approved by Council.
Where Council has accepted a combination guarantee, Council, in its discretion, may but shall not be obligated to accept a personal guarantee from the individual developer or, if the developer is a corporation or partnership, from the owners or partners of said entity, in lieu of a Maintenance Fund. as long as the developer's obligation to repair and maintain the improvements is fully guaranteed as required by Section 1115.02(f)(3).
(3) The maintenance bond or Maintenance Fund will guarantee that the developer will maintain the road and related improvements, except for snow and ice removal, for two years and that the developer will restore the road and related improvements, if determined necessary by the Municipal Engineer at the end of the two years.
(4) If the developer fails to perform the maintenance and restoration items, Council will authorize the Engineer to have the work performed. The cost of this work will be deducted from the maintenance bond or the Maintenance Fund. The developer will be held liable for any expenditure over and above the maintenance bond or Maintenance Fund.
(5) After all maintenance and restoration work has been completed to the satisfaction of the Engineer, Council will return the maintenance bond or Maintenance Fund or that portion remaining to the developer.
(g) Recording of Final Plat. After the final plat has been approved by the Planning Commission and Council, the appropriate bonds have been provided and the necessary approvals endorsed in writing thereon, together with evidence of title, the developer shall cause the final plat as approved by the Planning Commission and Council to be recorded in the office of the Geauga County Recorder no later than thirty days after the date of approval unless an extension is agreed to by Council. The applicant shall furnish Council with a reproducible copy on permanent reproducible material of the recorded plan. Failure to record on time may cause the final plan to be declared null and void by Council.
(h) Approval and Recording of Condominium Plat. Once the final plat has been
approved by the Planning Commission and Council, and the Planning Commission has approved a site plan for an expandable condominium, where a developer of an expandable condominium requires the subsequent approval and filing of plats to facilitate land transfers within the expandable condominium ("Condominium Transfer Plats"), and where such Condominium Transfer Plats are consistent with the approved site plan and the final approved plat for the lot, the recording of such Condominium Transfer Plats may be approved by the Chairman of the Planning Commission, provided that the Village Engineer has first verified that the Condominium Transfer Plat is consistent, in all material respects, with the final approved site plan and the final approved plat. (Ord. 10-114. Passed 7-1-10.)