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(a) Installation of Improvements.
(1) The subdivider shall install all improvements required by these Regulations and in accord with the conditions of the approvals granted by the City.
(2) It shall be the responsibility of the subdivider to ensure that all construction is conducted in accordance with safety requirements established by OSHA and by other standard industry safety practices.
(3) The subdivider shall employ reasonable measures in common use in the construction industry and shall comply with all measures required by these Regulations, and by the Engineering Construction Standards to protect properties adjacent to or downstream of construction activities from undue impacts other than temporary nuisances normally associated with construction work such as noise, lights, and unsightly conditions.
(b) Inspections During Construction.
(1) The City Engineer and the Summit Soil and Water Conservation District (SWCD) shall be responsible for determining whether the improvements are installed in conformance with these Regulations.
(2) The City Engineer shall make inspections during the installation of improvements to ensure conformity with the approved improvement plans. Inspections shall be performed according to schedules and methodologies as contained in the Engineering Construction Standards. The subdivider shall give notice to the City Engineer as required in the Engineering Construction Standards. The City Engineer may require removal of uninspected work resulting from failure to give timely notice.
(3) The City Engineer and other duly authorized employees bearing credentials and identification shall be permitted to enter upon all areas of a subdivision for the purpose of inspection, observation and measurement, in accordance with the provisions of these Regulations.
(c) Stop Work Orders. In the event that work performed does not conform to the approved plans and these Regulations, the City Engineer shall serve a written notice to comply upon the subdivider. The notice shall set forth the nature of the correction required and the time within which corrections shall be made. Failure to comply with the notice may result in issuance of a stop-work order applicable to all construction activity except that necessary for correction of the violation. Upon correction of the violation, the stop-work order shall be voided and construction may resume.
(d) Maintenance Prior to Acceptance. Except as otherwise provided herein, during all times prior to release of the performance guarantee, the subdivider shall be responsible for routine maintenance and protection of all improvements (including but not limited to snow removal, sweeping roads and sidewalks, cleaning of storm sewers, and other maintenance activities) and shall repair all failures due to faulty construction or random damage as soon as they become apparent. The subdivider shall be responsible for maintaining all storm water improvements, including but not limited to ditches, storm sewers, catch basins, detention or retention basins until ownership of and responsibility for the storm water improvements is legally transferred to the City or to an entity approved by the City.
(e) Off-Site Debris and Damage During Construction. The subdivider shall remove any soil, gravel, debris, or other matter deposited as a result of subdivision or site development construction activities on or in public roads, ditches, sewers, or other public places and to repair damage resulting from such activities. Subdivision construction activities shall include, but not be limited to, the operation of construction vehicles or the vehicles of construction contractors and employees.
(1) Removal or repairs shall be made immediately upon notice by the City Engineer.
(2) The City Engineer may issue a Stop Work Order as provided by these Regulations when necessary to ensure removal or repair or to order the cessation of the activities causing the deposits or damage.
(3) When the City Administrator determines it necessary to undertake removal or to make repairs resulting from construction activities, using personnel and equipment of the City or engaged by the City, the cost of such removal or repairs shall be deducted from any guarantee established for that purpose by these Regulations.
(f) Punch List. Upon notification by the subdivider that construction is complete, or near completion, the City Engineer shall inspect the subdivision improvements and shall prepare a punch list of work required to be installed, completed, altered, or repaired. The City Engineer shall deliver a copy of the punch list to the subdivider who shall complete all items.
(g) As-Built Plans. The subdivider shall provide to the City "as-built" plans in form required by the Engineering Construction Standards accurately describing all improvements as constructed. The as-built plans shall bear the seal and signature of a professional engineer and a statement certifying the correctness of the as-built plans.
(Ord. 2-2004. Passed 2-23-04.)
A maintenance guarantee (as provided in Section 1234.11) shall be furnished to the City. Performance guarantees shall not be released until maintenance guarantees are established. Acceptance of improvements by the City shall not take place until the required maintenance guarantee is established.
(Ord. 2-2004. Passed 2-23-04.)
(a) Dedication.
(1) A subdivider shall dedicate to public use, without compensation, all storm and sanitary sewers, water systems, streets, sidewalks, street lighting and facilities and appurtenances thereto.
(2) A subdivider shall dedicate other lands, such as parks, walkways and bikeways, to public use as provided in the approved final plat in conformance with these Regulations.
(3) Public lands, public rights-of-way, easements for public use, and other properties set forth for public use or benefit within a subdivision shall be deemed to be dedicated for such use only subsequent to approval by City Council of a final plat for recording and subsequent to execution and recording of the plat in conformance with these Regulations.
(4) Approval of a final plat by City Council, and subsequent to execution and recording of the final plat as provided in these Subdivision Regulations, shall be sufficient conveyance to vest a fee simple title to all streets, commons, parks or other parcels of land as herein offered for public use in the City for the uses and purposes named, expressed or intended.
(b) Acceptance of Improvements.
(1) Notice. The subdivider shall advise the City Engineer in writing when all improvements have been completed and all requirements and conditions have been complied with.
(2) If the City Engineer determines that the improvements are not in conformity with applicable regulations and approved plans, the Engineer shall advise the subdivider in writing in the form of a punch list. This procedure shall be repeated until the City Engineer determines that the improvements have been satisfactorily completed. If the subdivider fails to complete the punch list items within a reasonable time, the City may require compliance through use of the performance bond, may withhold acceptance of the improvements, and may withhold approval, signing, or release of the final plat.
(3) When the City Engineer determines that all improvements have been completed and that all requirements and conditions have been complied with, the City Engineer shall make a recommendation to City Council to accept the improvements for ownership, operation, and maintenance by the City.
(4) Waiver of liens. The subdivider shall, prior to the acceptance of improvements by the City, provide waiver of liens executed by all suppliers, contractors, and subcontractors who have provided materials or performed work related to the construction of the subdivision.
(5) Upon evidence of completion with all requirements, City Council shall accept the improvements by the adoption of an ordinance.
(6) No street shall be accepted unless all utilities for each prospective lot have been installed to a point between the property line and the curb line.
(Ord. 2-2004. Passed 2-23-04.)
The following regulations shall apply to the completion of specific improvements in a major subdivision:
(a) Completion of Sidewalks.
(1) In the interest of providing complete and safe pedestrian facilities in all subdivisions where public sidewalks are required, the subdivider shall install all sidewalks within the time period agreed in the development agreement, but not later than two years after acceptance of the public streets.
(2) Subsequent to acceptance by the City of sidewalks in a public right-of-way or easement, the owner of each lot shall be responsible for repair and/or replacement of any sidewalk damaged by construction.
(b) Installation of Street Trees. The subdivider shall:
(1) Purchase street trees as approved by the City in the improvement drawings and complying with the provisions of these Regulations.
(2) Prior to installation, notify the City of the intended date of installation.
(3) Install street trees on a schedule as set forth in the development agreement, but not later than two years after acceptance of the public streets.
(c) Effect on Building Permits.
(1) No building permit shall be issued for the construction of a building on a lot in any major subdivision before the final plat has been recorded and the road pavement, water lines, sanitary sewers, and necessary storm water improvements have been installed and approved by the City.
(2) Notwithstanding the foregoing, a building permit may be issued for construction of a building on a lot within such subdivision if the lot has frontage on an improved public street and no additional public improvements are required to make the lot suitable for construction.
(Ord. 2-2004. Passed 2-23-04.)
(a) Vacation of Plats. In the case of vacation of a plat or parts thereof, as previously recorded in the office of the Recorder of Summit County, Ohio, the same general procedures, rules and regulations shall apply as for a new plat. The title of the vacation shall indicate just what is being vacated, and the final map shall include enough of the surrounding plat or plats to show their relation to adjoining areas.
(b) Vacation of Streets, Alleys, or Open Areas. In the case of a vacation of a street, an alley or a commons or other open ground, such vacation shall be submitted to the Planning Commission for review and recommendation thereon, prior to consideration by Council.
(Ord. 2-2004. Passed 2-23-04.)