1110.09 FINAL ACCEPTANCE.
   (a)    Monuments.
(1)   The Developer's surveyor shall set survey monumentation as defined in Section 1108.18. The County Engineer may require other monuments or iron pins to be set in the Subdivision.
   The registered professional surveyor in charge of the installation of required monuments shall submit a written affidavit containing the surveyor's professional seal and signature stating that all monuments and iron pins have been installed.
(2)   The Developer shall be responsible to ensure that all survey monumentation is installed as shown on the Final Plat by the surveyor of record. If authorized by the County Engineer, the Developer can procure the services of an alternate surveyor to set the survey monumentation in the case of extreme circumstances such as death, disability, relocation, etc.
(3)   As Built" Drawings. At the completion of the construction and before acceptance, the Developer and/or the Agent of the Developer shall update the As-Built drawings on mylar or paper for permanent record, showing the locations, sizes, and elevations of all improvements as constructed. The Developer may choose to authorize the County Engineer to update the mylar or paper tracings at the Developer's sole expense. A legible paper original of the As-Built drawings shall be furnished to the Department of Sanitary Sewer Services, where applicable. The original plan sheets shall remain with the County Engineer. All final As-Built drawings shall also be submitted to the County Engineer in digital format.
   (b)    Final Inspection.
(1)   Upon completion of all improvements including roads, grading, culverts, water, sewer, storm improvements, fire ponds, landscaping, seeding, mulching, monumentation, street name signs, and other items, the Developer shall notify the County Engineer, Summit Soil and Water, the Township Road Superintendent, the Township Fire Chief, the Township Zoning Inspector, the County Board of Health and/or Department of Sanitary Sewer Services, or local water and sewer provider where applicable, by letter that all of the improvements have been completed in accordance with these Subdivision Regulations and all other applicable laws and regulations.
(2)   The County Engineer will then schedule an inspection of the completed improvements. The County Engineer will notify the Developer and the Township of the date of the inspection. The Developer and/or the Agent of the Developer and a Township representative may accompany the County Engineer or the County Engineer's representative on the inspection. Any discrepancies from the Improvement Plans shall be recorded on a punch list. The Developer and the contractor will be furnished a copy of this punch list and shall be expected to proceed as soon as possible with any corrections. Another final inspection will be made for acceptance upon written notification from the Developer that the punch list items have been completed.
   (c)    Acceptance of Improvements.
(1)   If the County Engineer determines that the improvements are not in conformity with all applicable regulations and the approved Improvement Plans, the Developer shall be advised in writing of the deficiencies in the form of a punch list. This procedure shall be repeated until it is determined by the County Engineer that the improvements have been satisfactorily completed. If the Developer fails to complete the punch list items within a time limit set by the County Engineer, the County may require compliance through the use of the Performance Bond.
(2)   If the improvements are found to be satisfactory and all inspection monies are paid, and the required Maintenance Bond(s) are posted, the County Engineer, Department of Sanitary Sewer Services, where applicable, will recommend to the County Executive acceptance of the improvements and release of the Performance Bonds.
(3)   If the County Council upon the recommendation of said office and departments determines the improvements to be in compliance with the Improvement Plans and these Subdivision regulations, it shall, by Resolution accept the improvements for public use and benefit. If the improvements are for private use, the resolutions shall reflect that the improvements are in conformity with these Subdivision Regulations but shall be maintained at private expense.
(4)   The County Council shall not approve or accept the improvements or prior to Plat approval, accept the dedication of any land for road purposes until any lien attached thereto has been satisfied, and until a two (2) year Maintenance Bond has been posted as further provided in these Subdivision Regulations. The Developer will be required to submit an affidavit stating all bills incurred pertaining to the improvements and costs of the Subdivision are paid in full, that there is no mechanic's lien or any other type of lien on the Subdivision, and that all contractors, subcontractors and material men, all employees of independent contractors and agents have been paid in full, including all salaries and applicable taxes.
(5)   The County Engineer's endorsement of the Final Plat denotes that, when the streets and roads shown thereon for dedication to the public are constructed in conformity with the Subdivision's Improvement Plans, and said streets and roads are determined by the County Engineer's inspection to be in good repair, said streets and roads will be accepted for public use as permitted by O.R.C. § 711.
(6)   The President of the County Council, after the County Engineer's endorsement shall sign the Plat of the Subdivision to denote acceptance of the dedications for public use and to permit the subdivisions of property into parcels as recited thereby. The Plat shall then be filed with the Recorder's Division of the Fiscal Office.
   (d)    Indemnification. Developer agrees to indemnify, defend and hold harmless the County and the Township in which the Subdivision is located from and against any and all liabilities, claims, causes of action (including negligence), fines, penalties and expenses of any nature that arise, allegedly arise or are caused by the Developer and the Developer's independent contractors, employees or agents. The indemnifications shall survive the final completion of the Subdivision and release or expiration of any Bonds.
   (e)    Surveying. Only surveyors registered in the State of Ohio shall be employed for activities involving surveying.
(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.)