(a) Completion of Improvements. Before the final subdivision plat is signed by the Chairman of the Planning Commission, all developers shall be required to complete, in accordance with the Planning Commission's decisions, and to the satisfaction of the Village Engineer, all the street, sanitary and other public improvements, including lot improvements on the individual lots of the subdivision, as required in these regulations, specified in the final subdivision plat and as approved by the Planning Commission, and to dedicate those public improvements to the Village of New Concord, free and clear of all liens and encumbrances on the dedicated property and public improvements. At the time that plans are approved, the developer shall be required to submit a construction time schedule, an estimate of construction costs and a material specification list itemizing the material type, supplier and manufacturer.
(b) Subdivision Improvement Agreements and Guarantee.
(1) Agreement. The Planning Commission at its sole discretion may waive the requirement that the applicant complete and dedicate all public improvements prior to approval of the final subdivision plat and, as an alternative, permit the applicant to enter into a subdivision improvement agreement by which the subdivider covenants to complete all required public improvements no later than two (2) years following the date on which the Chairman of the Planning Commission signs the final subdivision plat. The applicant shall covenant to maintain each required public improvement until acceptance by the Village Council of the dedication of that completed public improvement and also shall warrant that all required public improvements will be free from defect for a period of two (2) years following the acceptance by the Village Council of the dedication of the last completed public improvement. The subdivision improvement agreement shall contain such other terms and conditions agreed to by the applicant and the Planning Commission.
(2) Covenants to Run. The subdivision improvement agreement shall provide that the covenants contained in the agreement shall run with the land and bind all successors, heirs and assignees of the subdivider. The subdivision improvement agreement will be approved by the Planning Commission and Village Council, and shall be recorded in the Muskingum County Recorders Office.
(c) Security. Whenever the Planning Commission permits an applicant to enter into a subdivision improvement agreement, it shall require the applicant to provide a bond or cash escrow as security for the promises contained in the subdivision improvement agreement. Security shall be in an amount equal to one hundred and fifteen (115) percent of the estimated cost of completion of the required public improvements, including lot improvements. The issuer of the letter of credit or the escrow agent, as applicable, shall be acceptable to the Planning Commission.
(1) Cash Escrow. If the applicant posts a cash escrow as security for its promises contained in the subdivision improvement agreement, the escrow instructions shall provide: (1) that the subdivider will have no right to a return of any of the funds except as provided herein and (2) that the escrow agent shall have a legal duty to deliver the funds to the Village of New Concord whenever the Village Law Solicitor presents an affidavit to the agent attesting to the municipality's right to receive funds whether or not the subdivider protests that right. If and when the Village of New Concord accepts the offer of dedication for the last completed required public improvement, the Village shall execute a waiver of its right to receive all but ten percent (10%) of the funds represented by the letter of credit or cash escrow if the subdivider is not in breach of the subdivision improvement agreement. The residual funds shall be security for the subdivider's covenant to maintain the required public improvements and its warranty that the improvements are free from defect.
(2) Bond. The subdivider may post a bond as security for promises contained in the subdivision improvement agreement subject to the approval of the Village Attorney, and Village Council.
(3) Temporary Improvement. The applicant shall build and pay for all costs of temporary improvements required by the Planning Commission and shall maintain those temporary improvements for the period specified by the Planning Commission.
(4) Costs of Improvements. All required improvements shall be made by the developer, at his or her expense, without reimbursement by the local government or any improvement district except that, as may be allowed under state law, the developer may form or cause to be formed a special district or districts to construct and finance the construction of required public improvements excluding lot improvements on individual lots.
(5) Failure to Complete Improvement. For subdivisions for which no subdivision improvement agreement has been executed and no security has been posted, if the improvements are not completed within the period specified by the Planning Commission in the resolution approving the plat, the sketch plat or preliminary plat approval shall be deemed to have expired. In those cases where a subdivision improvement agreement has been executed and security has been posted and required public improvements have not been installed within the terms of the agreement, the Village of New Concord may then: (1) declare the agreement to be in default and require that all the improvements be installed regardless of the extent of the building development at the time the agreement is declared to be in default; (2) suspend final subdivision plat approval until the improvements are completed and record a document to that effect for the purpose of public notice; (3) obtain funds under the security and complete improvements itself or through a third party; (4) assign its right to receive funds under the security to any third party, including a subsequent owner of the subdivision for which improvements were not constructed, in whole or in part, in exchange for that subsequent owners promise to complete improvements in the subdivision; (5) exercise any other rights available under the law.
(6) Acceptance of Dedication Offers. Acceptance of formal offers of dedication of streets, public areas, easements and parks shall be by ordinance of the Village Council. The approval of a subdivision plat by the Planning Commission, whether sketch, preliminary or final, shall not be deemed to constitute or imply the acceptance by the Village of any street, easement or park shown on plat. The Planning Commission may require the plat to be endorsed with appropriate notes to this effect.
(d) Inspection of Improvements.
(1) General Procedure and Fees. The Village Engineer shall provide for inspection of required improvements during construction and ensure their satisfactory completion. The developer shall pay to the Village of New Concord an inspection fee based on the estimated cost of inspection, and where the improvements are completed prior to final plat approval, the subdivision plat shall not be signed by the Chairman of the Planning Commission unless the inspection fee has been paid at the time of application. These fees shall be due and payable upon demand of the Village and no building permits or certificates of occupancy shall be issued until all fees are paid. If the Village Engineer finds upon inspection that any one or more of the required improvements have not been constructed in accordance with the Village's construction standards and specifications, the applicant shall be responsible for properly completing the improvements. The developer shall notify the Village Engineer 48 hours minimum in advance of the date on which construction is to commence so inspection may be appropriately schedule.
(2) Release or Reduction of Security.
A. Certificate of Satisfactory Completion. The New Concord Village Council will not accept dedication of required improvements, nor release nor reduce the amount of any security posted by the subdivider until the Village Engineer has submitted a statement indicating that all required improvements have been satisfactorily completed and until (1) the developer has certified to the Village Engineer, through submission of a detailed "as built" drawings of the subdivision, indicating location, dimensions, materials, and other information required by the Planning Commission or Village Engineer, that the layout of the line and grade of all public improvements is in accordance with construction plans for the subdivision and (2) evidence, satisfactory to the Village Law Director, is furnished indicating that the improvements have been completed, are ready for dedication to the Village and are free and clear of any and all liens and encumbrances. Upon such approval and recommendation by the Planning Commission, Village Engineer and Law Director, the Village Council shall thereafter accept the improvements for dedication in accordance with the established procedure, and State Law. For one (1) year after Village Council acceptance of the improvements, the Developer must provide a maintenance bond for 10% of the construction estimate for the purpose of guaranteeing the work completed.
B. Reduction of Escrow Funds and Security. If the security posted by the subdivider was a cash escrow, the amount of that escrow shall be reduced upon actual acceptance of the dedication of public improvements and then only to the ratio that the cost of the public improvement for which dedication was accepted bears to the total cost of public improvements for the subdivision. Funds held in the escrow account shall not be released to the subdivider, in whole or in part, except upon express written instructions of the Village Law Director. At the end of the warranty periods, all escrow funds, shall be released to the subdivider.
(e) Maintenance of Improvements. The developer shall be required to maintain all required public improvements on the individual subdivided lots and provide for snow removal on streets and sidewalks until acceptance of the improvements by the governing body.
(Ord. 2019-4. Passed 10-14-19.)
(e) Maintenance of Improvements. The developer shall be required to maintain all required public improvements on the individual subdivided lots and provide for snow removal on streets and sidewalks until acceptance of the improvements by the governing body.
(Ord. 2019-4. Passed 10-14-19.)