Before the Final Plat may be considered for approval by County Council, the Planning Commission must have recommended the Final Plat for approval and must confirm that the Developer has furnished to the County Executive the Bonds as required hereby.
(a) Bond for Haul Roads. In order to protect roads and other public improvements in a multiple phase Subdivision, the amount of the Performance Bonds for all current and future phases shall be sufficient to cover the cost of the maintenance and repair of any of the Subdivision's completed roads used by construction vehicles for access to the phase (s) under construction. The amount of the Performance Bond for all current and future phases for public improvements shall be determined in accordance with Section 1110.03 of these Subdivision Regulations. The Bond will be released upon the recommendation of the County Engineer and/or the Department of Sanitary Sewer Services. The County Engineer must review and approve such proposed temporary Haul Road prior to the start of construction. Upon the completion of construction, the Developer shall eliminate the temporary Haul Road(s) and restore the road pathway to its original condition. If the Haul Road utilizes a public road for construction traffic, the bond shall be sufficient to cover repair to that public road.
(b) Performance Bond or Bonds. Prior to any consideration of County Council approval, the Developer shall furnish Performance Bonds to the County Executive in the amount equal to one hundred percent (100%) of the approved total cost of the improvements not yet completed plus ten percent (10%) of the approved total cost of the improvements, (See, Section 1110.06). Performance Bonds shall be provided in the form of bonds issued by sureties insurance companies authorized to transact business in the State of Ohio by the Ohio Department of Insurance. Performance bonds will remain in effect until released by the County Executive. Separate Performance Bonds shall be issued according to the office or department responsible for inspection of the improvements, and shall guarantee completion of the required improvements in compliance with the approved Improvement Plans as follows:
(1) County Engineer
A. Earthwork and Grading Operations
B. Paving
C. Stormwater Management System
D. Miscellaneous, i.e., monuments, street signs, restoration of land, site clean-up, etc.
E. Erosion Control
F. Fire Ponds
G. Contingencies (10%)
H. Inspection and Testing Costs (7%)
I. As-Built Construction/Survey Drawings
(2) Department of Sanitary Sewer Services
A. Sanitary Sewer
(3) If an insurance company ceases to be authorized by the Ohio Department of Insurance to transact business in the State of Ohio, the County Executive may require an adequate authorized substitute bond to assure completion of the improvements.
(c) Reduction of Performance Bond. The County Engineer may recommend that the County Executive reduce the Performance Bond and accept the Maintenance Bond prior to the completion of the improvements should factors deemed significant by the County Engineer or the County Executive prevent immediate completion. In this case, the reduced Performance Bond shall remain in effect to cover the uncompleted items.
(d) Failure to Construct or Complete Improvements. If the Developer fails to commence active and continuous construction of the required improvements with one (1) calendar year of the date of acceptance of the Final Plat, or fails to achieve substantial completion of the improvements within two (2) calendar years of said date, as a result the improvements are not then available for public use, and the County Engineer, and/or Department of Sanitary Sewer Services, as applicable, deems it necessary to notify the County Executive that the Developer has failed in his duty to complete the project, the County Executive shall notify the Developer and the Bond surety in writing of such failure and of County of Summit's intention to vacate the Subdivision or to complete the project via the Performance Bond.
(e) Maintenance Bond or Bonds. Before the County Engineer, or Department of Sanitary Sewer Services, as applicable, will recommend the acceptance of the Subdivision, roads or authorize the release any Performance Bond by the County Executive, a review will be coordinated with the local Township affected to ensure that all phases of the project have been satisfactorily completed. Upon satisfactory completion the Developer shall provide a Maintenance Bond or Bonds (in the form of a surety Bond) which shall be divided and administered as follows:
(1) Two separate Bonds for the benefit of the Department of Sanitary Sewer Services. One in the amount of three percent (3%) of the certified construction costs of any sanitary sewer and another Bond in the amount of ten percent (10%) of the certified construction costs of any pump station administered by the Department of Sanitary Sewer Services.
(2) A Bond for the County Engineer in the amount of ten percent (10%) of the estimated cost of all other improvements administered by the County Engineer including but not limited to the following:
A. Earthwork and Grading Operations
B. Paving
C. Storm Water Management System
D. Fire Ponds
E. Miscellaneous, e.g., monuments, street signs, street lights, restoration of land and site clean-up
F. Contingencies (10%)
G. Inspection and Testing Costs (7%)
(3) All bonds shall be in the form of bonds issued by sureties insurance companies authorized to transact business in the State of Ohio.
(f) Optional Increase of Amount of Maintenance Bonds. The County Engineer and/or Department of Sanitary Sewer Services, as applicable, may increase the required Maintenance Bond above the specified amounts if unusual topographic, subsoil, or other construction limitations warrant. In such situations, the County Engineer and/or Department of Sanitary Sewer Services, as applicable, shall furnish written explanations to the Planning Commission for their action.
(g) Assurances & Duration of Maintenance Bonds. The Maintenance Bonds shall assure that the Developer will maintain and restore the roads and other improvements until such roads and improvements pass the final inspections of the County Engineer and/or Department of Sanitary Sewer Services, as applicable.
(h) Failure to Maintain Improvements. If the Developer fails to perform maintenance and restoration work, the County Executive or the County Engineer and/or the Department of Sanitary Sewer Services may perform the work or authorize to have the work performed by others. The cost of such work will be deducted or drawn from the Maintenance Bond. The County Executive shall notify the Developer and Surety of intent to exercise rights under the Maintenance Bonds.
(i) Release of the Maintenance Bonds. It is the responsibility of the Developer to request inspections for Bond release. After all maintenance and restoration work has been completed to the satisfaction of the County Engineer, and/or Department of Sanitary Sewer Services, as applicable, the County Executive will release the Maintenance Bonds or those portions remaining to the Developer. The Bonds will remain in full force and effect until formally released by the County Executive.
(j) Bond Status Report. Staff shall distribute a Bond Status Report quarterly to the Planning Commission at regularly scheduled meetings and also provide this report to the President and Clerk of Council. The report will be presented in the following months: January, April, July and October. The Bond Status Report shall contain a list of all outstanding Performance and Maintenance Bonds and indicate the original bond amount and the remaining balance, an estimate of the cost of work remaining to be completed, and the continued status of the surety to transact business in the State of Ohio. The Report information status of outstanding bonds is to be submitted to Staff by the County Engineer and the Department of Sanitary Sewer Services for distribution at the specified Planning Commission meetings.
(Ord. 2010-229. Adopted 5-24-10; Ord. 2015-555. Adopted 12-14-15; Ord. 2015- 561. Adopted 1-25-16; Ord. 2023-339. Adopted 11-27-23.)