(a) Maintenance of Improvements.
(1) The Developer shall be responsible for the maintenance of the improvements during the construction period and until the Maintenance Bond is released by the County Executive. Two (2) years after acceptance of the Maintenance Bond the Developer shall request that the County Engineer inspect the improvements. The County Engineer shall perform such inspection within thirty (30) days of such notice. The County Engineer shall provide written notice to the Developer of any necessary work and the deadline by which such work must be completed. Should the Developer fail to perform such necessary maintenance work within the time specified, the County Engineer may perform said maintenance work or may authorize the performance of said work by others, at which time the Developer will forfeit a portion of the Maintenance Bond to pay for such maintenance work. (The term "maintenance work" as used herein shall also include all repairs and replacement and all cost associated therewith including inspection and re-inspection costs as described by Section 1110.07 (d)).
(2) Sanitary sewer shall be the maintenance responsibility of the Department of Sanitary Sewer Services upon acceptance by the County Executive. The Maintenance Bond shall remain in effect for two (2) years after acceptance to guarantee the performance of any repair work that becomes necessary.
(3) Fire ponds and related appurtenances shall be the maintenance responsibility of the Township Fire Department subject to call on the Bonds if repair work is necessary within a two (2) year period after acceptance of the Maintenance Bond. The Township is responsible for contacting the County Engineer regarding any repair work issues within said two year period.
(b) 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 stage of construction is begun.
(c) Snow and Ice Removal. Prior to the release of the Performance Bond, the Developer shall perform all work necessary to keep the road passable for all traffic within the Subdivision. In particular, the roads shall be open and accessible for emergency equipment at all times for all occupied dwellings units. Should the Developer fail to perform the said maintenance, the Developer shall be liable for all costs and expenses incurred in the performance of such maintenance work by the County Engineer. The Developer shall indemnify, defend and hold harmless all governmental bodies for any and all liabilities that may arise or are related to such roads. After the release of the Performance Bond, for publicly dedicated roads, the Township Trustees shall be responsible for the snow and ice removal on Township Roads and the County shall be responsible for County Roads. The Subdivision's Owners' Association shall be responsible for private streets and roads as required under these Subdivision Regulations.
(d) Mud Removal. The Developer or Agent of the Developer shall be responsible for the removal of mud or other debris that may become located on the pavement surface. Should the Developer fail to perform the said removal, he/she shall be liable for all costs and expenses incurred in the performance of said removals by the County Engineer.
(e) Failure to Maintain Improvements. If the Developer fails to adequately maintain the improvements during the term of the Maintenance Bond, then notice of maintenance deficiencies will be sent by the County Engineer or the Department of Sanitary Sewer Services. If a the Developer still fails to perform the required maintenance within fifteen (15) calendar days of notice of maintenance deficiencies, the County Engineer, the Department of Sanitary Sewer Services, or the Township Fire Department shall notify the County Executive that the Developer has failed to perform maintenance obligations. The Developer may request one extension of the time to perform the maintenance from the County Engineer or the Department of Sanitary Sewer Services and if approved, will stay the calling of the Maintenance Bond. The County Executive shall notify the Developer and the surety in writing of such failure and of Summit County's intention to perform the maintenance work with its own work force or by letting the work to others using the Maintenance Bond for payment thereof. If such maintenance deficiencies raise concerns of public safety, the County may perform maintenance work, regardless of notice, and may rely upon the Maintenance Bond for payment thereof.
(Res. 2008-026. Adopted 3-17-08; Ord. 2015-555. Adopted 12-14-15; Ord. 2015-561. Adopted 1-25-16; Ord. 2023-339. Adopted 11-27-23.)