1125.06 RESPONSIBILITY AND TIMING FOR PUBLIC IMPROVEMENTS.
   (a)   All public improvements shown on the subdivision plats are the responsibility of the subdivider, unless otherwise expressly indicated, and shall be installed in accordance with this chapter.
   (b)   Prior to construction, the subdivider shall be required to sign an application to construct the physical improvements as shown on the improvement plans. Such application shall be maintained by the Director of Community Development.
   (c)   The subdivider shall be required to construct the public improvements prior to the recording of the final plat. In lieu of actual construction of the physical improvements, the subdivider may assure completion of construction by furnishing a financial guarantee in accordance with Section 1125.07 in an amount equal to the City Engineer's estimate of the cost of the construction of the physical improvements within the portion of the subdivision submitted for recording, which shall include outlet sewer and water supply where available. Actual construction shall be as shown on the public improvement plans and in accordance with this chapter.
   (d)   The subdivider shall be required to provide a financial guarantee for the maintenance of public improvements for a period of one year after dedication. The maintenance requirement shall be in an amount equal to the City Engineer's estimate of the cost to maintain the improvements for the one-year maintenance period.
   (e)   Protection of Streets, Utilities, and Other Installations.
      (1)   The subdivider shall provide the Director of Community Development with a plan for the routing of construction equipment and traffic with the objective of alleviating any need to traverse adjacent off-site residential streets. In exceptional cases, where no reasonable alternative exists or can be provided, construction equipment may be permitted the use of collector streets for a predetermined time period. The contractor shall be permitted to operate only pneumatic-tired equipment over any paved street surfaces and shall be responsible for correction of any damage to street surfaces in any manner resulting from the contractor's operation.
      (2)   The subdivider and their contractors shall protect the pavement against all damage prior to final acceptance of the work, including damage created by the contractor's construction equipment and vehicles, as well as general traffic. As soon as curing and sealing are completed, the contractor shall clean the pavement free of all debris and construction equipment.
      (3)   The subdivider and their contractors shall at all times take proper precautions for the protection of utility lines, the presence of which can be determined by contacting the Ohio Utilities Protection Service (OUPS). The subdivider shall be financially responsible for the repair of any damage to such utility lines.
   (f)   Charges For Plan Review, Field Engineering And Inspection.
      (1)   For any private improvement project plan check or review of the engineering details of water mains, drainage structures and/or sewers, and also for any field engineering and/or inspection and testing services, the developer shall reimburse the City, based on the actual time, at the then-current rates of pay or salaries and the then-current rates of actual charges for the inspection and/or testing of materials. Payment for these items shall be made by the developer or their agent upon the presentation of a bill for such services as rendered by the City.
      (2)   In the instance of plan review of water mains, draining structures or sewers, a bill shall be presented and must be paid prior to approval of the tentative approved improvement plans.
      (3)   In the instance of testing services for materials used for construction of drainage structures and/or storm sewers, a bill shall be presented and paid for such services, prior to final acceptance and approval of such drainage structures and/or sewers.
      (4)   At the time of completion of the improvement plan review and at the time of approval, a preliminary estimate will be made for the proposed construction work involved for water mains, sanitary sewers and appurtenances. Based upon this estimate, the developer or their agent shall, upon forms furnished by the City, make request for permission from the City to construct at their own expense the approved drainage structures, sewers and/or water lines, together with the necessary appurtenances thereto in the development. He shall describe the improvement and shall further agree that all of the work is to be performed in accordance with the plans, specifications and estimate on file in the office of the City Engineer. He further shall agree to pay for all inspection at the then-current rates of pay for inspectors, plus the inspection or testing of materials used. He shall further agree to hold the City free and harmless from any and all damages or anything which might arise from the construction of the requested improvement.
      (5)   All of the foregoing charges and items shall be paid before final approval for acceptance will be made for dedication and recording of such subdivision or improvements.
         (Ord. 2022-22. Passed 5-10-22.)