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1224.01 DEPOSIT FOR INVESTIGATION.
   At the time the plans and specifications for any improvements are submitted to the Engineer for approval, there shall be deposited with the Treasurer, an amount of money which is sufficient in the opinion of the Engineer, and not less than three percent of the estimated cost of all improvements to be installed, to cover the cost and expense of such investigation as may be necessary to determine whether such proposed subdivision conforms to these Regulations and whether its improvements have been made or are being installed in accordance with the requirements of these Regulations and the plans and specifications approved by the Engineer as being in accordance with the minimum standards. The cost and expense of such investigation, made by the Engineer or his assistants, shall be paid from such deposit upon itemized bills rendered by the Engineer. In case of such expenditures exceeding such deposit, the excess shall upon demand be paid forthwith into the Municipal Treasury. In case the deposit exceeds such expenditure, the balance will be refunded to the applicant within a reasonable time after the completion of such investigation.
(Ord. 1967-163. Passed 12-18-67.)
1224.02 CASH DEPOSIT, INSURANCE AND CONTRACTOR'S PERFORMANCE BOND.
   Any owner, subdivider or agent who shall install or cause to be installed any of the improvements required by Section 1228.01, or who shall provide for the installation of such improvements pursuant to Section 1228.03, shall comply with the following before any such installations begin and shall continue to comply therewith as hereinafter indicated:
   (a)    Such owner, subdivider or agent shall, before such installation begins, deposit with the Director of Finance five hundred dollars ($500.00) or such other larger amount recommended by the Engineer and approved by Council either in cash or by means of a certified check. The amount so deposited shall be paid out on order of the Engineer to the Municipality or to a contractor selected by the Engineer to remove dirt, silt or any other accumulation from any street or any conduit for the drainage of sewage or water or to repair the permanent pavement or the property of the Municipality or private property if the owner, subdivider or agent neglects or refuses to remove such accumulations or to make such repairs when so ordered by the Engineer. When more than half of the amount shall have been used by the Municipality for such purpose, the owner, subdivider or agent shall deposit sufficient additional funds to bring the balance again to the amount established in accordance herewith. Failure to maintain such balance upon request of the Engineer shall constitute authority for the Building Commissioner to halt the work upon the improvements being installed. When the improvement has been completed, any balance in the fund not then needed for the purposes aforesaid shall be returned to the subdivider, owner or agent who deposited it.
   (b)    Such owner, subdivider or agent shall, before such installation begins, furnish and keep in full force and effect at all times during the period required to install the improvements and for a period of one year thereafter, a policy of insurance written by a solvent insurance company authorized to do business in the State of Ohio. Such policy shall be in form and amount satisfactory to the Law Director and shall insure and indemnify the Municipality against any legal liability incurred as a result of damage to persons or property arising out of the acts or omissions of the owner, subdivider or agent, or any of his contractors, subcontractors, agents or employees in connection with the installation or construction of such improvements or arising out of the unimproved condition of the streets being improved.
   (c)   Such owner, subdivider or agent shall require such contractors or subcontractors as he may engage for the purpose of installing such improvements to furnish a performance bond before the contractors or subcontractors begin work. Such bond shall have a compensated surety company as surety and shall be in such form as the Law Director approves and such amount as the Engineer approves and shall be furnished to the Municipality before such installation begins.
(Ord. 1967-163. Passed 12-18-67.)
1224.03 BOND FOR IMPROVEMENT(S) UPON DEDICATION OR ACCEPTANCE.
   (a)    Upon the completion of any improvement of any proposed public street or right of way within the Municipality, by constructing or installing water mains, storm sewers, sanitary sewers, paving, grading, curbing or other improvement therein, the person, firm or corporation offering the same for acceptance, shall give or secure to be given a bond to the Municipality issued by a surety company authorized to do business in the State of Ohio as surety conditioned upon the maintenance of the improvement or improvements to be dedicated or accepted, for a period of not less than two years from and after dedication or acceptance by Council of such improvements, as may be required by the circumstances of the particular case of improvement.
   (b)    When Council, in its sole discretion, finds and determines that it is in the public interest to accept a proposed public easement or right of way within the Municipality prior to the completion of all required improvements therein, then Council may accept such easement or public right of way provided that the person, firm or corporation offering the same for acceptance shall give a bond to the Municipality issued by a surety company authorized to do business in the State of Ohio as surety conditioned upon the full completion of the improvements to be constructed and/or installed in such easement or right of way within a time period fixed by Council and conditioned upon the maintenance of such improvements for a period of not less than two years from and after the date of acceptance of such completed improvements by Council, as may be required by the circumstances of the particular case of improvement.
   (c)    Any bond issued under this section shall be in a form approved by the Law Director and in such amount as may be determined by the Engineer to be required in each particular case, to protect the interests of the Municipality and its inhabitants or property owners in the improvement or improvements concerned, provided that any bond securing or guaranteeing the completion of such improvements shall be no less than one hundred percent (100%) of the estimated cost of completing any such improvements as determined by the City Engineer, and any bond securing or guaranteeing the maintenance of such improvement(s) shall be no less than ten percent (10%) of the cost of such improvement(s). Upon approval by Council, a person, firm or corporation offering or dedicating land or improvements shall have the option of depositing in escrow with the Director of Finance, money in the amount fixed as hereinabove provided, in lieu of giving a required bond. The conditions of any bond or other approved form of security hereunder may be joined in a document with other conditions which assure or guarantee other commitments or duties of a developer to the Municipality.
   (d)    Nothing in these regulations shall be construed to limit or impair the right of the Municipality to require such bonds, in such amounts and containing such terms, provisions and conditions as may be deemed necessary by Council, in instances of any improvements constructed or installed by the Municipality, under the direction of the officials charged by law with the responsibility therefor.
(Ord. 1992-173. Passed 2-16-93.)
1224.04 PLANNING COMMISSION FEES.
   The owner or developer or the agent of either, making application to the Planning Commission for review, study or recommendation or approval of development plans and plats shall be charged a fee in accordance with the following schedule:
(a)   Residential.
   Parcel split or consolidation
$ 100.00
   Subdivision (sketch, preliminary, final)
5.00/lot
   Cluster area (single-family detached and cluster)
20.00/unit
   Multi-family facility, apartment, townhouse or condominium
20.00/unit
   Motel or hotel
20.00/unit
   Nursing home or assisted living facility
20.00/room
(b)   Commercial (Retail-Office).
   50,000 sq. ft. or less
250.00
   50,001 sq. ft. and greater
500.00
(c)   Industrial.
   50,000 sq. ft. or less
250.00
   50,001 sq. ft. and greater
500.00
(d)   Single Sign
25.00
   Multiple sign program
100.00
(e)   Zoning Change.
100.00
(f)   Conditional Use Permit.
50.00
   An application to the Planning Commission or the Clerk of Council shall be accompanied by a certified check in the amount of the fee prescribed above, made payable to the City. All fees shall be nonrefundable.
   In addition to the foregoing fees, when the development plans for any project propose an exterior lighting plan, the applicant shall deposit with the City a sum equal to the reasonable cost for review of the lighting plan by the City’s lighting consultant, which shall be a minimum of three hundred dollars ($300.00).
(Ord. 1999-17. Passed 4-19-99.)
1224.05 DEPOSIT OF FEES FOR ENGINEERING INSPECTION.
   (a)   All applicants at the time of filing an application for approval of any land planning and/or development plan or plat with the Planning Commission and/or Council shall deposit with the City a fee as hereinafter set forth to cover the cost and expense of inspection and investigation by the City Engineer and his assistants as may be necessary to determine whether such proposed development, subdivision, resubdivision or other plan or plat conforms to the Zoning Code and the Subdivision Regulations of the City.
      (1)   In single, two-family and townhouse residential districts (R1-100, R1-75, R2F, PDA):
 
Sketch and Preliminary Review
   4 or less plat units
$ 50.00
   5 to 25   
125.00
   25 to 100
250.00
   More than 100
400.00
Final Review and Inspection
50.00/lot
      (2)   In any Multi-Family-1, Senior Residence, Public Facilities, Business, Research-Service-Industrial-Aviation Field District, or other use District not specifically identified in this chapter, and for any Planned Development Area-2 apartment:
 
First 1,000 square feet of land occupied by structures
$ 210.00
Each additional 1,000 sq. ft. or fraction thereof
35.00
      (3)   For work not covered by the above schedule in this section, fees shall be based upon the wages and benefits per hour, per each employee’s time spent on the job
      (4)   In addition to these fees, where the City Engineer determines that it is necessary to employ the services of a consultant for the purposes of such inspection and investigation, the consultant’s review fees shall be paid in full to the City before the issuance of a building permit.
      (5)   In addition to the foregoing fees, there shall be paid by the owner, subdivider or agent of either prior to approval of a final plat, the sum of fifteen cents ($.15) per running foot of street or highway within or fronting upon such plat, for the cost of the determination and assignment of house numbers to the sublot for residential development.
   (b)   The Engineer shall keep a separate itemized account of the work performed upon the site plans, and actual field inspections and surveys, or any other work necessary. All charges to this account by the Engineer shall be based upon the same amount charged to the City for similar work. The Engineer shall present to the Clerk of the City monthly itemized invoices covering all work performed under this section. The Clerk is hereby directed, upon receipt of each invoice, to pay to the Engineer the amount indicated therein within the month the invoice is received. When all work is completed pertaining to each application, the Engineer shall submit to the Clerk a final invoice indicating thereon the complete engineering charges, and further indicating which of those charges have been paid and which charges remain unpaid. In the event such charges shall exceed the deposits set forth in subsection (a) hereof, the additional charges shall be paid by the applicant. If such expenditures are less than the deposit set forth in subsection (a) hereof, the balance shall be refunded to the applicant.
(Ord. 1989-119. Passed 7-24-89.)
1224.06 FEES FOR RECREATIONAL DEVELOPMENT.
   (a)    No building permit shall be issued for a dwelling unit to any owner, subdivider, or the agent of either, until a fee of eight hundred dollars ($800.00) is paid to the City for each such dwelling unit to be constructed, which fee is to be used for City recreational purposes. Each such fee shall be deposited in a separate City Recreation Capital Improvement Fund and shall be used for recreational capital improvements.
   (b)    Any owner or subdivider, or the agent of either, of a subdivision, single family detached and cluster development or multifamily complex, may also provide private recreation facilities for a specific development in accordance with the following:
      (1)    The owner or subdivider, or the agent of either, submits a detailed plan and estimates of cost of construction for a recreational facility to the Planning Commission for its review and approval;
      (2)    The detailed plan and estimates of cost of construction are approved by the Planning Commission as sufficient to serve the recreational needs of the population intended to reside in the subdivision or multifamily complex;
      (3)    The estimated cost of construction of the recreational facility shall equal at least eight hundred dollars ($800.00) times the number of dwelling units proposed to be constructed in the subdivision or multifamily complex. Estimated cost of construction shall mean an estimate by an architect or engineer of the price for material to be used and labor to be furnished to construct the facility based upon current prevailing material and labor costs in Northeast Ohio on or about the date of submission of the estimate. Cost shall not include grading, seeding, utilities or landscaping expenses; and
      (4)    The owner, subdivider or the agent of either, completes the construction of the recreational facility as approved by the Planning Commission prior to the issuance of any building permits for residences within the sub division or multifamily complex, or, at the time of approval by Council for record purposes of the first plat of lands within the subdivision, secures the completion of the entire recreation facility, or secures the completion of construction of the recreational facility as approved by the Planning Commission within a time period fixed by the Planning Commission through a cash deposit or a surety bond issued by a compensated surety or other form of security approved by the Director of Law and Council. It shall be a condition of any such security that it shall remain in full force and effect until the entire recreation facility is complete. In no event shall actual construction costs in excess of the estimated cost of construction or increases in the estimated cost of construction relieve, alter or modify an obligation of an owner, subdivider, the agent of either, his or its successors or assigns, or his or its surety to complete an approved proposed recreational facility for which security has been provided.
      (5)    Where an owner, subdivider, the agent of either, or his or its successors or assigns propose any alteration or modification to a recreational facility plan previously approved by the Planning Commission, such alteration or modification shall be submitted to the Planning Commission for its review, and its determination that the proposed change(s) will serve the recreational needs of the population intended to reside in the subdivision or multifamily complex and do not constitute a significant reduction in the nature and scope of the recreational facilities previously approved.
      (6)   The owner or subdivider may propose recreation improvements less than eight hundred dollars ($800.00) times the number of dwelling units proposed; however, in that event the owner or subdivider shall pay into the City recreational capital improvement fund the difference between the estimated cost and the eight hundred dollars ($800.00) per unit requirement.
   (c)    The Director of Finance is hereby directed to submit reports to Council by the first regular meeting of December of each even numbered year, setting forth:
      (1)    The amount of funds paid, under the provisions of this section, into the Recreational Capital Improvement Fund for the preceding twenty-four month period; and
      (2)    The amount and value of any equipment furnished, repaired or replaced, or improvements made, or City land provided or current payments made for land or improvements previously built for any new or existing public recreational facility paid from the General Fund or other fund during the same preceding twenty-four month period. Council shall, from such report, compare the amounts described in paragraphs (c)(1) and (2) hereof, and shall, by the next regular meeting in December, appropriate from the General Fund, if necessary, to the Recreational Capital Improvement Fund, an amount substantially equal to the difference between the amounts described in paragraphs (c)(1) and (2) hereof. If Council finds, from the reports described herein, that the City has contributed or paid, from sources other than the Recreational Capital Improvement Fund for the items set forth in paragraph (c)(2) hereof, an amount greater than the funds received under this section, then Council shall carry over the excess amount for credit for the City contribution in the next twenty-four month period.
   (d)   The additional fee requirements of this section shall not be applicable to those dwelling units in a subdivision where the recreational facilities have already been approved by the Planning Commission and have been installed or secured by the owner or subdivider to be installed pursuant to Section 1224.06(b)(4) prior to the effective date of this section, which recreational improvement cost included the dwelling unit(s) for which the applicant is seeking a building permit. (Ord. 2002-124. Passed 4-21-03.)