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1232.10 DEDICATION AND ACCEPTANCE OF IMPROVEMENTS AND PUBLIC LANDS.
   (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.)
1232.11 COMPLETION OF IMPROVEMENTS; EFFECT ON BUILDING PERMITS.
   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.)
1232.12 VACATIONS.
   (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.)