CHAPTER 1183
Improvement Requirements and Specifications
1183.01   Required improvements.
1183.02   Oversize and/or off-site improvements.
1183.03   Construction requirements.
1183.04   Agreements and guarantees.
CROSS REFERENCES
   Cornerstones and permanent markers - see Ohio R.C. 711.03, 711.14
   Engineer to approve plats; inspection of streets and acceptance - see Ohio R.C. 711.08, 711.09
   1183.01  REQUIRED IMPROVEMENTS.
   The improvements which are hereby required shall be designed, furnished and installed by the subdivider in accordance with the provisions of these Regulations and other regulations of the State and City. They shall be installed before the plat is approved or in lieu thereof, financial guarantees for such installation shall be approved prior to the approval of the plat. The subdivider shall provide and install within the proposed subdivision improvements not less than set forth in Table 1.
TABLE 1
SCHEDULE OF REQUIRED IMPROVEMENTS
   Note that “not required” items may nevertheless be required by the Planning and Zoning Commission as part of the Plat Review process under Chapter 1177.
   R-R Rural Residential District
   •   Drainage:  required for streets
   •   Grading:  required for streets
   •   Storm sewer:  required for streets
   •   Pavement (see (b)(1)):  required (asphalt)
   •   Curbs and gutters:  not required
   •   Sidewalks:  not required
   •   Street signs (see (b)(3)):  required
   •   Street lights:  required at street intersections only
   •   Street trees:  not required
   •   Sanitary sewer:  not required
   •   Municipal water:  not required
   •   Public sites (see (d)):  required
   •   Monuments (see (e)):  required 
   R-T Transitional Residential District
   •   Drainage:  required for streets
   •   Grading:  required for streets
   •   Storm sewer:  required for streets
   •   Pavement (see (b)(1)):  required (asphalt)
   •   Curbs and gutters:  not required
   •   Sidewalks:  not required
   •   Street signs (see (b)(3)):  required
   •   Street lights: required at street intersections only
   •   Street trees:  not required
   •   Sanitary sewer:  required
   •   Municipal water:  required
   •   Public sites (see (d)):  required
   •   Monuments (see (e)):  required 
   R-G Golf Course Community District
   •   Drainage:  required for streets
   •   Grading (see (a)(2)):  required for streets, blocks, and sublots
   •   Storm sewer (see (a)(3)):  required
   •   Pavement (see (b)(1)):  required
   •   Curbs and gutters (see (b)):  required
   •   Sidewalks (see (b)(2)):  required
   •   Street signs (see (b)(3)):  required
   •   Street lights (see (b)(4)):  required
   •   Street trees (see (b)(5)):  required
   •   Sanitary sewer (see (c)):  required
   •   Municipal water (see (c)):  required
   •   Public sites (see (d)):  required
   •   Monuments (see (e)):  required 
   Open Space Residential District
   •   Per base zoning, except sanitary sewer and municipal water must be available.
(Ord. 2004-183.  Passed 11-22-04.)
   (a)   Drainage. A drainage system shall be designed and constructed by the subdivider to provide for the proper drainage of the surface water of the subdivision and the drainage area of which it is a part. To this end the subdivision shall be graded as required by Table 1 of Section 1183.01 and the following requirements and methods shall be followed:
      (1)    Drainage plan. Prior to the start of any construction, houses or streets, the subdivider shall furnish a plat plan showing the slab or floor elevation of each house proposed to be constructed. He shall also show by the use of arrows how he proposes to surface drain each lot and furnish elevations at lot corners and break in grade. The plan should indicate existing and finished grades.
         The subdivider shall submit topographic maps showing the area to be drained with calculations prepared by a registered professional engineer in determining the proposed storm water collection system.
      (2)    Drainage requirements, grading. No final grading or sidewalk or pavement construction or installation of utilities shall be permitted in any proposed street until the plat has been approved or conditionally approved.
         The subdivider shall grade each subdivision as specified in Table 1 of Section 1183.01 in order to establish street, block and lot grades in proper relation to each other and to topography, as follows:
         A.    Street grading plan. A grading plan shall be prepared for the streets along with street improvement details. The grading of the roadway shall extend the full width of the right of way. Planting strips shall be graded at a gradient of not less than two percent (2%) or more than three percent (3%) upward from the curb to the sidewalk or property line.
            (Refer to Appendix H.)
         B.    Block and lot grading.
            1.    Block grading shall be as follows:
               a.    A ridge along rear lot lines, draining into the streets.
               b.    Parts of all lots draining to a sidewalk or ditch along rear lot lines.
            2.    Lot grading shall be as follows:
               Lots shall be graded so that water drains away from each building at a minimum grade of two percent (2%). Surface drainage swales shall have a minimum grade of one-half percent (1/2%) and shall be designed so that surface water shall drain into a driveway, street gutter, storm sewer, drain inlet or natural drainage way. The minimum grades of driveways shall be four-tenths percent (.4%) and a maximum of fifteen percent (15%).
         C.    Topsoil. If grading results in the stripping of topsoil, the topsoil shall not be removed from the site or used as fill, but shall be saved and uniformly spread over the lots as grading is finished.
         D.    Trees. As many trees as can be reasonably utilized in the final development plan shall be retained and the grading adjusted to the existing grade at the trees.
      (3)    Drainage system requirements. The design criteria for the drainage systems shall be based on the correct State Department of Highways, Manual of Location and Design. Runoff or design discharge for sewer design, where the contributing area generally consists of pavement and a narrow strip back of the pavement, shall be obtained from the rational formula: Q = Cia (See Manual of Location and Design). Peak rates of runoff from watersheds under 1,000 acres shall be obtained from the following formula: Q = RF x CF x FF x Q (See Manual of Location and Design). The following minimum design frequencies are to be used:
 
Roadway ditches
2 years
Storm sewers
10 years
Culvert under roadways
25 years
Watercourses
10 years
         A.    Road drainage system. The road storm drainage system shall serve as the prime drainage system. It shall be designed to carry roadway, adjacent land and house storm water drainage.
            1.    Road storm sewers, enclosed. The design discharge used to determine pavement inlet spacing shall be based on the rational method mentioned in subsection (a)(3) hereof. The gutter flow between inlets shall be calculated by the equation: Q = .56 Z/NS 1/2F 8/3. (See Manual of Location and Design) The inlet spacing shall be based on a two-year frequency, fifteen minutes duration design storm. The spread of water on the pavement shall be limited to eight feet into the traveled lane.
               In addition, standard manholes or combination manhold inlets for cleaning purposes shall be placed no further than 300 feet apart.
         B.    Off-road drainage systems. The design of the off-road drainage system shall include the watershed affecting the allotment and shall be extended to a watercourse or ditch adequate to receive the storm drainage. Enclosed storm sewer laterals of not less than four inches in diameter shall be provided for each lot or building site and used for collection of sump pump discharges. The flow shall not be included in calculations for subsection (a)(3) hereof, but shall connect to the enclosed road storm sewers.
            1.    All watercourses or ditches with a design capacity not exceeding the capacity of a thirty-six inch concrete pipe shall be enclosed.
               Existing creeks or ditches constructed by the subdivider which exceed the above limit shall be constructed with a minimum fifteen foot wide continuous earth roadway to provide access for maintenance equipment to all sections of the ditch. The ditch easement shall be wide enough to contain the ditch slopes and roadway with ample clearance for the operation of maintenance equipment. Open ditches shall have a side slope ratio of two to one and a minimum two foot bottom width.
            2.    Any storm drainage courses carried along side lot lines shall be enclosed with approved pipe.
               a.    Drainage easement. Easements for drainage purposes shall be a minimum of fifteen feet in width. Where the watercourse is large, easement widths shall be increased as determined by the City Engineer (See subsection (a)(3)B.2. hereof.) Where watercourses cross plotted lots diagonally, the subdivider shall straighten such courses where practicable and shall substantially follow sublot lines. Easements shall be shown on the record plat and deeds and shall cover all existing or reconstructed watercourses.
         C.    Protection of drainage systems. The subdivider shall adequately protect all ditches, roadways and watercourses to the satisfaction of the City Engineer as follows:
            1.    Any watercourse having a gradient in excess of two and one-half percent (2 1/2%) shall be enclosed with pipe with the necessary inlets and shall be piped to a storm sewer, if nearby, or otherwise to a natural watercourse. Where a street is of considerable length and of various gradients, part of which require storm sewers, the lengths between the storm sewers even though less than two and one-half percent (2 1/2%) gradient shall also be enclosed in pipe, when required by the City Engineer. Material and construction shall be in accordance with the specifications of the City Engineer. Watercourses or road gutters having a gradient exceeding one and one-half percent (1 1/2%) shall be sodded or paved with brick, concrete, half tile or broken concrete slabs. All areas within the right of way not paved or sodded shall be fertilized and seeded. All adjoining land where the vegetation has been injured or destroyed or where the land is in need of protection to prevent erosion, deposits in the drainage facilities and/or unsightly conditions shall be restored and protected as directed by the City Engineer. In all cases, any drainage facility within the subdivision shall be in a stable condition, free from either erosion or sedimentation and/or other debris.
         D.    Pipe policy. The following pipe policy and the pipe policy of the State Department of Highways, Construction and Material Specifications, Items 706 and 707, shall be used in designing storm sewer systems subject to the approval of the City Engineer.
            1.    All pipe lines, including culverts and storm sewers, which are located beneath the roadway shall meet the requirements set forth for Class A pipe.
            2.    Longitudinal storm sewer lines, not under the main roadways, shall be Class D or Class E pipe. Where these sewers are shallow or located beneath drives, Class B or Class C pipe shall be specified. 
            3.    Longitudinal roadway drainage lines, for which sealed joints are unnecessary or undesirable, shall be Class H pipes. Portions of these drains that require stronger pipe because of shallow cover or location beneath drives shall be Class C pipe.
            4.    Open end driveway pipe twenty-four inches or less in diameter may be Class F pipe and larger pipes shall be Class B or Class C pipe.
            5.    Outlet pipe or open-joint drains, Class H or I, shall be in accordance with the provisions of Class F pipe and shall usually be ten feet in length.
            6.    Pipe underdrains shall be Class E pipe.
            7.    Pipe arches or elliptical pipes shall be Class G pipe.
   (b)    Street Improvements. The subdivider shall design and construct pavements, curbs and gutters of sizes and types not less than set forth in Appendix H for all streets. Pavement cross sections shall be as shown in Appendix H. The construction and materials shall be as specified by the State Department of Highways Construction and Material Specifications or as specified by the City Engineer.
      (1)    Pavements. Higher standards and/or greater widths than indicated herein may be required by the City Engineer or Planning Commission to adequately provide for unusual soil conditions or extraordinary traffic volumes or loads.
         After the underground utilities and house connections are installed and rough grading completed, the roadway subgrade shall be shaped, rolled and compacted. The subdivider may construct a temporary roadway of slag or stone for use during the building construction period. Such pavements shall be maintained in a safe and passable condition by the subdivider without expense to the City.
      (2)    Sidewalks. Sidewalks shall be provided as specified in the required improvement schedule and in the location shown by the typical cross section in Appendix H. Sidewalks shall be constructed of concrete four inches thick with the thickness increased to seven inches where the sidewalk is crossed by a driveway. The construction and materials shall be as specified in Item 608 of the State Department of Highways Construction and Material Specifications or as specified by the City Engineer.
      (3)    Street signs. The subdivider shall install a street sign showing the names of all streets at all street intersections. The signs shall conform to the specifications of the City Engineer and be mounted at a height of approximately seven feet above the top of the curb or the crown of the pavement. The sign shall be located as directed by the City Engineer.
         A.    Street name signs, of a type in use throughout the City, shall be erected by the subdivider at all intersections.
         B.    For purposes of street naming, the following suffixes shall apply:
            1.    Avenue shall be used only for streets that run in a generally east-west direction;
            2.    Boulevard or Drive shall be used only for a large meandering type street;
            3.    Circle or Court shall be used only for cul-de-sac type streets that run in a generally east-west direction;
            4.    Lane or Place shall be used for cul-de-sac type streets that run in a generally north-south direction;
            5.   Road or Way shall be used only for streets that run in a diagonal manner, either a generally north-west-southeast direction or a northeast-southwest direction;
            6.    Street shall be used only for thoroughfares that run in a generally north-south direction;
            7.    The words north, south, east or west should be avoided as part of a street name whenever possible.
         C.    Whenever a new street is constructed along the approximate alignment or extension of an existing street, its name shall be the same as that of the existing one.
         D.    Whenever a street alignment changes direction more than seventy-five degrees without a return to the original alignment within a distance of 500 feet, then the name of the street shall be changed at the point of curvature.
         E.    Whenever a cul-de-sac street serves not more than three lots, the name of the intersecting street shall apply to the cul-de-sac.
         F.    To avoid duplication and confusion, the proposed names of all streets shall be approved by the City Engineer prior to such names being assigned or used.
         G.    Stop signs, safety, speed limit and information signs shall be to local standards and installed at the direction of the Engineer.
      (4)    Street lights and underground utility lines. In all new allotments or reallotments, all utility lines including those for street lighting, shall be installed underground. All owners or petitioners for subdivision of land shall grant easements for such lines and areas as are needed by the utilities for installation, maintenance and replacement of their lines and needed equipment including street lighting.
         The subdivider shall include a restrictive covenant in the plat to allow for the agreement of property owner/purchasers/grantees or assignees to assessment installation and operation and maintenance of street lighting as deemed appropriate by Council resolution of necessity.
      (5)    Street trees. The trees shall be provided only on streets with curbs and gutters as required in the improvement schedule and as follows:
         A.    Species. The trees shall be species which are resistant to damage and disease and which do not cause interference with underground utilities or street lighting.
            The species of trees suggested are Red Maple, Norway Maple, Sugar Maple, Sycamore Maple, Red Oak, Thornless Honey Locust, London Plane Tree, Amur Cork Tree and Sweet Gum, Buckeye, Ruby Red Horsechestnut, European Hornbeam, Hornbeam, American Hop Hornbeam, Chinese Hackberry, Hackberry, Maidenhair Tree, European Linden, Flowering Dogwood and Flowering Crabapples as approved by the Planning Commission.
            Trees which have undesirable characteristics such as fruit, low branches, unpleasant odors, excessively thick foliage, susceptibility to disease or attack by insects, or large root systems such as Poplar, Willow, Cottonwood, American Elm, Ailanthus, Mountain Ash, Silver Maple, Ash Leaved Maple and Oregon Maple are prohibited in the planting strip. Poplar, Willow or Cottonwood trees, if planted on private property, shall be located not less than 100 feet from any public sewer.
         B.    Location. Street trees shall be spaced so that there shall be one per lot, but not in excess of eighty feet on center. No trees shall be planted within forty feet of the intersection of two street right-of-way lines. Approaches to buildings should be considered when locating trees.
         C.   Tree Size. Trees shall be at least one and one-half inches in diameter one foot above the ground. Lowest branches shall be not less than seven feet and no more than ten feet above the ground.
      (6)    Planting screens or fences. The Planning Commission may require and permit planting screens or fences where reverse frontage lots abut a major arterial street or between a major arterial thoroughfare and a marginal access street, provided that such planting screens or fences shall not constitute a safety hazard. A plan of proposed planting screens or fences shall be submitted for approval with the plat.
   (c)    Sewer and Water Facilities. Adequate central sanitary sewer, including manholes, house laterals and other incidentals and water supply systems, shall be provided by the subdivider, either by the installation of new systems or by connection to existing systems which are deemed adequate by the City Engineer to handle the additional demands and volume which shall result from the proposed subdivision. The subdivider, prior to the submission of the plat for approval by the Planning Commission, shall receive the prior written approval for the extension or installation of the central water system and central sanitary sewer system from the City Engineer, the State Department of Health, and particular private or public utilities involved. All sanitary sewer pipes shall be coupled with a rubber gasket such as Tylox B, C, CR or approved equal. All of the gaskets shall conform to the requirements of ASTM (American Society Testing Material) Designation C448-65 or ASTM (American Society Testing Material) Designation C425-66T utilizing the Type III compression joint only, or the latest revisions thereof. The gaskets used shall be a brand with at least five years proven satisfactory experience and service.
      (Ord. 1982-119. Passed 12-20-82.)
   (d)    Public Sites
      (1)    The Planning Commission may require the dedication of land for parks, playgrounds, open space and/or school sites and shall require the developer to pay a fee per family unit to the Parks and Recreation Board pursuant to the Parks and Recreation's Master Plan to facilitate the development of said plan.
         This fee shall be in accordance with the fee structure as set forth under Chapter 149, Fees and Permit Charges (Section 149.09). These provisions shall apply to all major and minor subdivisions, single or multi-family improvements, apartments, condominiums and planned unit developments.
         Acceptance of any land is contingent on Council action to accept on behalf of the City, and further does not exempt one from the requirements of Section 149.09 unless the proposed development is a non-residential commercial development, private recreation park, business property and/or industrial development. It is further required that any funds received by the Park Board pursuant to this section be restricted for Capital Improvements only.
      (2)    Lands dedicated to the City for public sites may have multiple uses, including 10 year flood plain, setback; requirements for wells, and preservation of archaeological sites, at the discretion of the Planning Commission.
      (3)    The designation of a private park within the boundaries of the lands proposed shall not exempt the applicant from the requirements of these Public Site provisions.
      (4)    At the discretion of the Planning Commission, public sites may be designated for schools whereby the multiple uses listed in subsection (d)(2) hereof shall not apply. It is recommended that public sites for schools be at least ten acres in area; sites for neighborhood parks be at least seven acres, and school-park sites be at least fifteen acres in area. It is also recommended that public sites adjoining subdivisions should be located together so that larger, more useable sites are created.
      (5)    The applicant shall submit improvement plans for the public site to the Planning Commission at the time of site plan or plat submittal. Public Site improvements may include all weather access, ground clearing and shaping, drainage, seeding, landscaping, parking, sport apparatus, fencing and lighting as deemed appropriate by the Planning Commission.
      (6)   The Planning Commission may elect to cause the applicant to engage the services of an approved professional archeologist to survey the land and inventory archaeologically sensitive areas. Such areas may be required to be set aside as a public site at the Planning Commission's discretion. At the conclusion of archaeological salvaging, the site may revert to the applicant's use or a public site as determined by the archeologist's report and the applicant's and Planning Commission's agreement.
         (Ord. 1994-27. Passed 3-28-94.)
         No zoning permit shall be issued without the dwelling unit park fee being on deposit with the City Finance Director and the public site legal boundary description or plat, signed by the property owner, transferred to the City Engineer, for presentation to and acceptance by Council.
         (Ord. 1986-101. Passed 12-22-86.)
   (e)    Monuments.
      (1)    Monuments shall be one inch pipe or steel rods set in and running through a concrete block at least six inches in diameter and at least thirty inches long and the bottom of such block shall be set at least thirty inches deep, below finished grade in the plat, and the points at which they may be found shall be designated on the plat. All monuments set in pavements shall be set in standard type monument boxes. Where new streets intersect existing highways, monuments may be placed on the centerline of the new road at the right of way of the existing road.
      (2)    Four monuments shall be set in each plat of ten lots or less, and not less than six shall be set in each plat containing over ten lots. Iron pins shall be set at all lot corners and in all changes in lot line direction and at the P.C. and P.T. of all right-of-way curves.
         (Ord. 1982-119. Passed 12-20-82.)
   1183.02  OVERSIZE AND/OR OFF-SITE IMPROVEMENTS.
   Oversize and/or off-site extensions of utilities, pavements and other improvements shall be designed and constructed to facilitate the orderly development of nearby land which is an integral part of the neighborhood service or drainage area. Where the City Engineer determines that improvements in excess of the size needed to serve the proposed subdivision are necessary, the subdivider shall install all improvements required to serve his subdivision plus the additional oversize and/or off-site improvements required. The subdivider may contract with adjacent property owners and/or subdividers of adjacent land for reimbursement of the oversize and/or off-site improvements required. Such improvements shall be available for connections by individual property owners and/or subdividers of adjoining land.
(Ord. 1982-119. Passed 12-20-82.)
   1183.03 CONSTRUCTION REQUIREMENTS.
   (a)    Preconstruction Meeting and Work Schedule. A preconstruction meeting shall be held with the City Engineer prior to the commencement of any project. At this time the project shall be discussed in regard to procedure, plans, materials and inspections.
   (b)    Construction Inspections.
      (1)    Responsible official. The City Engineer shall be responsible for the inspection of all improvements.
      (2)    Authority and duties of inspectors. Inspectors for the City shall be authorized to inspect any work done and all materials furnished. Such inspection may extend to all or any part of the work and to the preparation, fabrication or manufacture of the materials to be used. The inspector shall not be authorized to revoke, alter or waive any requirements of the specifications or plans. He shall be authorized to call the attention of the contractor to any failure of the work or materials to conform to the specifications and contract. He shall have the authority to reject materials which do not meet specification requirements or suspend the portion of the work involved until any question at issue can be referred to and decided by the City Engineer. Inspection during the installation of improvements shall be made by the inspector to insure conformity with the approved plans and specifications as contained in the subdivider's construction agreement. (See Section 1175.05(b) for fees.)
      (3)    Final inspection. Upon completion of all the improvements, the subdivider shall request in writing a final inspection by the City Engineer. The City Engineer shall make a final inspection of improvements.
   (c)    Construction Responsibilities.
      (1)    Cooperation of subdivider and/or contractor. The subdivider and/or contractor shall have available on the project, at all times, two approved copies of all required plans and specifications. He shall cooperate with the inspector and with other contractors in every way possible. The subdivider and/or contractor shall at all times have a competent superintendent acting as his agent on the project. The superintendent shall be capable of reading and thoroughly understanding the plans and specifications and to promptly supply such materials, tools, plant equipment and labor as may be required. A superintendent shall be furnished irrespective of the amount of work sublet.
      (2)    Work schedules. The subdivider and/or contractor shall submit weekly work schedules every Friday for the following week's work. Work which has not been properly scheduled shall not be accepted by the City Engineer. All work schedules shall be inspected and approved by the City Inspectors. Unsatisfactory progress reports shall be returned for revision. The normal work week is assumed to be an eight-hour day, Monday through Friday; if overtime shall be needed, it shall be indicated on the schedule.
      (3)    Grade stakes. Pavement and pipe grade stakes shall be set at twenty-five foot intervals on horizontal and vertical curves and for all grades less than one percent (1%). Tangent pavement grades and pipe grades over one percent (1%) may be set at a maximum interval of fifty feet. The inspector may ask for additional grade stakes if it is deemed necessary.
      (4)    Repair of damage. Any damage done to the improvements by construction traffic, local traffic, or by any other means shall be repaired or the damaged materials replaced before the next item of construction is begun.
      (5)    Final cleaning up. Upon completion of the work and before acceptance, the subdivider and/or contractor shall clean all ground occupied or affected by him in connection with the work. The entire area shall be left in a neat and presentable condition satisfactory to the inspector.
      (6)    Maintenance of improvements of dedicated streets. The subdivider shall be responsible for the maintenance of the improvements during the construction period and shall be responsible for providing the services necessary to guarantee access to all occupied lots, until the certificate of substantial completion of improvements by the City Engineer. The subdivider shall be notified by the City Engineer or Planning Commission of the need for such maintenance or service. If the subdivider fails to perform such necessary maintenance or service within a time specified by the City Engineer, the City Engineer may perform such maintenance or service and bill the subdivider for such service. Payment shall be guaranteed by the performance bond. In addition, the subdivider shall maintain all improvements for such periods specified in Section 1183.04(d).
(Ord. 1981-99. Passed 8-24-81.)
   1183.04 AGREEMENTS AND GUARANTEES.
   All bonds and insurance required under this section shall be secured from companies authorized to do business in the State. No subdivision shall be approved until the improvements required have been constructed or a bond, executed by a surety company, or developer's property bond on real estate, or securities, including but not limited to mortgages and deeds of trust, or other adequate collateral as determined by the Law Director, has been deposited with the Finance Director guaranteeing the faithful performance of the construction of such streets in any new subdivision.
   (a)    Construction Agreement. To assure construction and installation of improvements required by these Regulations, the subdivider shall execute a construction agreement with the Finance Director in form and substance as determined by the City Engineer and approved by the City's Law Director. This agreement shall provide that all such improvements shall be constructed and installed at the subdivider's expense in compliance with the standards and specifications for each of the various types of improvements; such improvements shall be available to and for the benefit of the lands within such subdivision; that such improvements shall be completed and installed within eighteen months of the date of conditional approval of the plat as permitted according to Section 1177.04(e)(3). Any further provisions that the City's Law Director may deem necessary in the public interest may be added.
      The construction agreement shall further provide that, in the case where approval of the plat has been given before construction or improvements and a performance guarantee has been provided and if the improvements are not completed within the specified time, the City upon proper notice may complete the improvements and recover full costs and expenses thereof from the subdivider and may appropriate such portion of money or bonds posted for the faithful performance of the works.
   (b)    Commencement of Improvements. No construction of any improvements or clearing, grubbing and grading shall be commenced prior to the approval of the construction agreement by Council.
   (c)    Performance Guarantee.
      (1)   Type. The subdivider, in lieu of actual installation or completion of the required improvements when requesting conditional approval of a plat, shall execute and file a construction agreement and cash bond in accordance with Section 1177.04(a)(4) of these Regulations.
      (2)   Term. Guarantees shall be for a period of not longer than two years unless the Public Service Director shall extend the time period or should recommend acceptance after completion.
      (3)   Amount. The financial guarantee shall be in an amount equal to the subdivider's estimate approved by the City Engineer of the cost of construction of all improvements plus ten percent (10%).
   (d)    Maintenance Guarantees. A cash maintenance bond shall be posted with the Public Service Director in the amount of ten percent (10%) of the cost of the improvements and shall be arranged for a period of eighteen months from date of acceptance of improvements by the City Engineer. The subdivider shall be responsible for routine maintenance of all improvements and shall repair all failures due to faulty construction as soon as they become apparent. He shall also make repairs due to erosion or abuse by utility companies and shall repair all failures for all other reasons during the maintenance guarantee period. The streets, street trees, monuments and other improvements shall be in a condition acceptable to Council at the end of the maintenance period. If the subdivider fails to perform the maintenance to the complete satisfaction of Council, Council may use such cash maintenance guarantee for improvements of properties within the subdivision.
   (e)    Liability Insurance. The subdivider shall furnish such insurance as is deemed necessary by Council which shall indemnify and save harmless the City from any and all liability arising by reason of the conditions which may arise or grow out of the construction or installation of such facilities. The insurance shall be of such duration as determined by the Law Director, but shall in no case be allowed to expire earlier than the effective period of any maintenance bond. A copy of the insurance policy shall remain at all times with the Council Clerk and Law Director.
   (f)    Title Insurance. A title insurance policy in an amount to be determined by the Law Director shall be furnished by the subdivider insuring the title of the lands to be dedicated and that all taxes are paid on all land to be dedicated to public use. The title insurance policy shall show the release by the mortgage holder, if any, of all interest in all property dedicated to a public use.
      (Ord. 1982-119. Passed 12-20-82.