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1224.07 PROCEDURE FOR FINAL PLAT APPROVAL.
   Following approval of a preliminary plat and improvement plans, the developer may, within the time and phasing limits specified, make application to the Planning Commission for final plat approval. Where the approved preliminary plat encompasses phasing, final plats and improvement plans may be submitted in sections encompassing the approved portions of the preliminary plat. Such sections shall be numbered consecutively as successive subdivisions as they are submitted. The procedure for such approval is as follows:
   (a)   Application. Applications for final plat approval shall include the following items, along with the number of copies determined by the Zoning Administrator:
      (1)   The Application for Major Subdivisions - Final Plat Approval (Form S4) certified by the developer, along with the required review deposit (if more funds are required);
      (2)   The improvement plan and completed Form S-3;
      (3)   The proposed final plat drawn by a professional engineer or surveyor at a scale of one inch equals fifty feet (sheet size twenty-four inches by thirty-six inches) showing the following:
         A.   Subdivision name, original lot and parcel number;
         B.   Property line survey and control points showing all dimensions, angles and bearings that are to be referred to control points;
         C.   Centerlines and right-of-way lines of streets, easements and other rights of way, natural and artificial watercourses, streams, shorelines, corporation lines, and property lines of all lots and parcels with distances, radii arcs, chords, and tangents of all curves (nearest one-hundredth of a foot), bearings or deflection angles (nearest second);
         D.   Names and right-of-way width of each street within proposed subdivision and those adjoining;
         E.   Building setback lines accurately shown with dimensions;
         F.   Lot numbers approved by the City Engineer prior to the recording of the plat;
         G.   Total site data, including acreage, number of residential lots, typical lot size, and acres of open space;
         H.   Land for public use showing boundaries and uses of all parcels which are to be dedicated or reserved for public use or easements;
         I.   Location and description of monuments found, set or to be set;
         J.   Existing and proposed covenants, restrictions, or agreements containing references thereto; and
         K.   Notations as specified on Form S-4, indicating the following:
            1.    Certification by owners.
            2.    Certification by surveyor.
            3.    Approval by Planning Commission.
            4.    Filing date with County.
   (b)   Referral. Upon receipt of a complete Form S-4 application, the Zoning Administrator shall place it on the agenda of the next regular Commission meeting that is at least ten days after receipt of the application. The filing date of the application shall be the date of the meeting.
      (1)   The Zoning Administrator will transmit copies of the plat to the Engineer, the Law Director, the Planning Consultant, the Building Administrator and other City departments as appropriate for comment.
      (2)   An information copy will be sent to the Clerk of Council for Council's review as desired.
      (3)   The Engineer and the Law Director will certify that all appropriate laws, regulations, and policies relative to the subdivision's plat have been met, and the Law Director also will certify the correctness of the owner and surveyor certifications contained on Form S-4.
   (c)   Commission Action. Following review of the application, the Commission shall, within thirty days, approve or disapprove the application. The Zoning Administrator shall:
      (1)   Notify the Finance Director of the action, providing him or her a copy of the Form S-3, showing the required deposits; and
      (2)   Return the Form S-4 to the developer after the Secretary has certified the action of the Planning Commission. Commission approval of a final plat shall be certified by Chairperson of the Commission on the original tracing of the plat, which shall be for record purposes only and shall not indicate acceptance of dedication. Such final plat approval shall become void after sixty days if the final plat has not been recorded by the County Recorder. If, in the Commission’s judgment, the proposed final plat differs significantly from the approved preliminary plat, reapplication for reapproval of the preliminary plat shall be required. Approval of the final plat shall be granted if both of the following are true.
         A.   The general layout of streets, lots, open spaces, and other features of the final plat conforms to the approved preliminary plat.
         B.   Conditions of approval of the preliminary plat have been met.
   (d)   After approval of the final plat and the deposit of the proper amount for bonds and inspections, the plat shall be recorded with the County and the construction of improvements may begin. As set forth in Section 1224.06(g), minor improvements such as sidewalks, street light fixtures, tree lawns, and the planting of trees, etc., that would be adversely affected by the subsequent construction of buildings, shall not be required to be constructed until the appropriate time. However, a bond in an amount which insures the completion of these improvements must remain on deposit after completion of the required major improvements.
      (Ord. 24-97. Passed 10-14-97; Ord. 75-2005. Passed 10-11-05.)
1224.08 PROCEDURE FOR DEDICATION.
   No building permit in a major subdivision shall be issued by the Zoning Administrator prior to acceptance or rejection by Council of all public land, public streets, etc., shown on the final plat for dedication (with the exception that the Planning Commission may approve the construction of model homes prior to dedication, provided an occupancy permit shall not be issued until after dedication), and no plat shall be accepted for dedication consideration until all improvements are in (see Section 1224.06(g)) and certified as complete by the City Engineer. The procedure for dedication is as follows:
   (a)   Application. Applications for acceptance of dedication shall include:
      (1)   Two copies of Form S-5 certified by the developer, the Engineer and the Law Director;
      (2)   The original tracing of the final plat approved by the Engineer, the Law Director and the Planning Commission; and
      (3)   The required review deposit.
   (b)   Referral. Upon receipt of an application certified as stated above, the Clerk of Council shall place it on the agenda of the next regular Council meeting. The filing date of the application shall be the date of the meeting.
   (c)   Council Action. Following review of the application, Council shall, within thirty days, accept or reject for dedication all or part of the public land, public streets, etc., shown on the final plat. The Clerk shall certify the action on Form S-5 and return it to the Engineer. The Clerk and the President of Council shall certify acceptance of dedication on the original tracing of the final plat. Following recording, the developer shall furnish the Engineer with a duplicate tracing at no cost to the City. The Engineer shall then notify the Zoning Administrator, in writing, that building permits in the subdivision may be issued.
   (d)   Completion of Improvements. The remaining minor improvements, described in Section 1224.06(g), shall be completed and any required maintenance bonds must be posted with the Finance Director before occupancy permits are issued for any new structures.
      (Ord. 24-97. Passed 10-14-97.)
1224.09 PERFORMANCE BONDS, MAINTENANCE BONDS AND INSURANCE.
   (a)   Performance Bonds.
      (1)   The developer shall be primarily liable for completion of the approved public and private improvements for which he or she has filed an application. Upon failure of completion within the specified time, or any extension granted by Council or by the Planning Commission for good cause shown, the City may, at its option, complete all or any portion of the improvements, and the developer shall be liable to the City for the costs of such completion, plus an additional twenty-five percent of such costs to cover City overhead.
      (2)   To secure such performance, the developer shall file with the Law Director, in a form approved by the Law Director, a construction performance bond or letter of credit covering the satisfactory and timely completion of improvements. No extension granted to the developer shall operate as a release of such bond. The amount of the bond shall be determined by the Engineer, who shall require of the developer such information as the Engineer deems necessary to reasonably estimate the cost of performance. The amount of the bond shall be 100 percent of such amount.
      (3)   Should the City exercise its option to complete all or any portion of the improvements, the bond amount shall be declared forfeited and the costs of completion, plus overhead, shall be charged against such amount. Upon expiration of the maintenance bond at no cost to the City, as provided in subsection (f) hereof, the balance of the bonded fund shall be returned to the surety.
      (4)   No bond shall be accepted unless it is provided in the form of cash or a bond written by a surety company licensed to write such bonds in the State.
   (b)   Maintenance Bonds.
      (1)   Prior to the acceptance of improvements by the Engineer, the developer shall file with the Law Director, in a form approved by the Law Director, a maintenance bond guaranteeing the developer's obligation to repair or replace any such improvements which have been found to require maintenance or which have failed for any cause whatsoever. The amount of the bond shall be determined by the Engineer, who may require of the developer such information as the Engineer deems necessary to reasonably estimate the potential cost of maintenance, and who shall then evaluate such data and other information available to him or her and estimate the maximum amount, barring unforeseeable circumstances, that such maintenance should cost. Should the developer fail to provide adequate maintenance, repair, or replacement within a twenty-four month period following acceptance of the improvements by the Engineer, the City shall have the option of providing, either through its own employees or independent contractors, such maintenance, repair, or replacement, or any part thereof. In such event, the bond shall be declared forfeited, and the costs of such work, plus twenty-five percent to cover the costs of City overhead, shall be deducted therefrom. The balance of the bonded fund shall be retained by the City until released as provided in this section, and shall, while retained, be the subject of further maintenance, repair, or replacement charges.
      (2)   At the end of the twenty-four-month period, the developer shall apply in writing to the Engineer for an inspection of the improvements. Alternatively, such inspection may be requested not more than thirty days in advance of such expiration date. Upon receipt of an application, the Engineer shall inspect the improvements. Any corrections reasonably deemed by the Engineer to be necessary shall be made by the developer, or the maintenance bond fund shall be used to make such corrections.
      (3)   When the Engineer finds that all necessary maintenance, if any, has been completed, and that the improvements are in a condition satisfactory to him or her, then the bond, or the balance of the bond fund, shall be released, upon proper certification of such facts by the Engineer.
      (4)   Any bond required by this section shall be in the form of cash or a bond written by a surety company licensed to write such bonds in the State.
   (c)   Combined Bonds. Guarantees for performance and maintenance may be combined into a single instrument, provided it is in an amount approved by the Engineer and in a form approved by the Law Director. At any time during the existence of approved performance and/or maintenance bonds, the developer may exchange one form of guarantee for another, provided that the substitution is approved by the Law Director.
   (d)   Insurance. In accordance with Section 1452.01(F) of the Codified Ordinances, the developer agrees to hold the City harmless from any and all claims of any type, nature, and description whatsoever, arising from the provision of improvements or other activities covered by these Subdivision Regulations. In addition, the developer shall defend and pay costs and judgments resulting from such claims upon reasonable notification of the pendency of the claim by the City or by any party. The developer shall not be responsible for claims arising from the sole negligence of an employee of the City.
      (1)   The developer shall furnish the Law Director with a certificate of insurance, or, at the option of the Law Director, a certified copy of the insurance policy, as proof that the developer and his or her subcontractors are covered by general liability insurance for all activities contemplated by the project, including products liability coverage, in sufficient amounts established by Council. Such policy shall contain no unusual exclusions, shall name the City as an additional insured, and shall not be cancelable as to the City on less than thirty days written notice in advance of such cancellation.
      (2)   The developer shall further produce and keep on file with the Clerk of Council evidence that he or she has fully complied with the provisions of the Ohio Workers Compensation Act.
      (3)   The Law Director shall promptly certify his or her findings in this regard in Form S-3. In the event of later cancellation of any insurance required by this subsection, the developer shall cease all work not covered by insurance as of the time and date of lapse of coverage, and the Zoning Administrator or the Law Director may take any necessary action to enforce such work stoppage until coverage resumes.
         (Ord. 24-97. Passed 10-14-97; Ord. 75-2005. Passed 10-11-05.)
         
1224.10 CONFORMITY WITH MAPPED STREET PLANS; ISSUANCE OF BUILDING AND ZONING PERMITS.
   No subdivision within an area shown on a duly adopted mapped street plan shall be approved unless it substantially conforms thereto. No building or zoning permit involving a structure within any street right of way shown on such mapped street plan shall be issued for 120 days after the filing date of the permit application, such period of time being deemed necessary for Council to initiate appropriation proceedings.
(Ord. 24-97. Passed 10-14-97.)
1224.11 REVOCATION OF PRELIMINARY PLATS.
   Upon the effective date of these Subdivision Regulations, or any amendment thereto, the Secretary of the Planning Commission shall notify the developer of any subdivision for which a preliminary plat has been approved that such approval shall become void one year after the date of the notice if improvement plans which conform to the previous Subdivision Regulations of the City have not been approved by the Engineer.
(Ord. 24-97. Passed 10-14-97.)
1224.12 RESUBDIVISION AND VACATION.
   Application for resubdivision and vacation of subdivisions shall be made by the developer to the Planning Commission according to the same procedures as for an original subdivision. The original lots shall be shown by dotted lines, and lot numbers and other references made on the previously recorded subdivision shall also be shown. Any resubdivision shall contain an abandonment of any claim, right, title, or interest in the original subdivision and any vacation shall be approved by Council and noted in the same manner as a dedication.
(Ord. 24-97. Passed 10-14-97.)