(a) Condition. In proposed subdivisions, new lots shall not be sold or permanent buildings erected until the plat in question has been recorded. Before certification of final approval, the subdivider must guarantee the installation of improvements as specified in these rules by adhering to one of the methods listed below:
(2) In lieu of Section 1211.04(a)(1), a performance bond of one hundred (100) percent of the estimated cost of improvements shall be deposited with the City.
(3) In lieu of Section 1211.04(a)(1) and (2), a certified check for one hundred (100) percent of the estimated cost of improvements shall be deposited with the City. Inspection shall be made by the City. The check shall be accompanied by a contract between the subdivider and the payee which, contract shall state the terms and conditions under which the check may be cashed if the subdivider fails to complete the required improvements within the time limits as specified in Section 1211.04(c)(2).
(4) Any other type of assurance that has been reviewed by and is acceptable to the City Commission.
(b) Reduction and Release of Security for Installation of Improvements. Upon completion of not less than 25 percent of the required work, the subdivider may submit to the Director an estimate of the work done and request reduction in the amount of security provided pursuant to Section 1211.04(a). After approval of the work and estimate, the Director may recommend reduction to the City Commission. Successive requests for reduction may be made upon completion of 25 percent of the required work remaining at the time of the last previous request for such reduction. Upon completion of all of the required work the subdivider may submit a final estimate and request release. After approval of the work and estimate, the Director shall recommend release to the City Commission.
(c) General Consideration.
(1) Provisions shall be made in the case of bond whereby the subdivider, his heirs, successors, or agents shall complete and comply with all applicable terms, conditions, provisions, and requirements of these regulations.
(2) The time limit for completion of improvements shall be two years from the date the contract for improvements is executed by the City. However the subdivider may within such two-year period, submit to the City Commission a request in writing, for an extension of not more than one year, stating therein the reasons to justify the requested extension. At the termination of the aforementioned period or extension thereof the City may use as much of the security as is necessary to complete the improvements if it is determined that an extension of time is not feasible.
(3) Inspection of each phase of work shall be made by the Director or his representative. The subdivider shall inform the inspecting engineer's office that work is ready for inspection 24 hours in advance of the time he expects it to be obscured by further work. Previous to installing any required improvement, an inspection fee amounting to two and one-half percent (2-1/2%) of the estimated cost as submitted by the developer and approved by the City Engineer of sanitary sewers, storm sewers, water lines, street lights, streets, curbs, gutters, and sidewalks shall be deposited with the City Treasurer at the time of the approval of the security. In addition to the said inspection fee, the subdivider shall pay to the City an additional inspection fee for after hours inspection as follows:
Saturday inspections | $65.00/hour |
Inspections nor previously scheduled | $65.00/hour |
Sunday and holiday inspections | $90.00/hour |
Inspections performed between 5 p.m. and 8 a.m. | $65.00/hour |
All Saturday, Sunday, and holiday inspections fees will be billed at three hours of services or the actual time the inspector is required to perform services, whichever is greater.
(Ord. 05-253. Passed 10-4-05.)
(4) If a proposed subdivision is to be annexed to the City, the bond or certified check or other security shall be held by the City and the inspection shall be made by the City. A petition to annex a proposed subdivision must be submitted to the Board of County Commissioners of Clark County, Ohio prior to Phase I approval before the subdivision will be considered to be under the complete jurisdiction of the City Subdivision Regulations. If any City sewer and/or water lines are extended, the bond or certified check or other security shall be held and the inspection made by the City as it pertains to said utility lines.