(a) Inspection and Acceptance of Required Public Improvements. The Municipality may exercise its option of inspecting required public improvements at any reasonable time before final acceptance of such improvements by Council.
(1) The installation of public improvements may not proceed until the Enforcement Officer or his designate has been notified of the subdivider’s intention to proceed.
(2) The subdivider, however, shall assume responsibility for notifying the Municipality of his desire to have inspection of stages of work completed at least twenty-four hours in advance of the time inspection is desired. Failure of the subdivider to so notify the Municipality shall be interpreted by the Municipality as a lack of readiness on the part of the subdivider to be inspected. The subdivider shall notify the Municipality of the time and date he will be available for inspection, and failure to keep such an appointment or failure to have work for which inspection was requested completed, shall make the subdivider liable to the Municipality for a fifty dollar ($50.00) reinspection fee. The subdivider shall be verbally notified of the inspection results at that time by the Enforcement Officer and if requested in writing, no later than twenty- four hours after each inspection.
(3) The Municipality, through action by Council, shall accept public improvements made by a subdivider which meet the following conditions:
A. The public improvements have been made in accordance with the requirements of Chapters 1113 and 1117;
B. The design standards of Chapter 1113 have been adhered to;
C. Installation of public improvements has been completed according to the Union "Standard Specifications and Construction Drawings for Public Improvements";
D. All final inspections required by these regulations have been carried out by the Municipality and such public improvements were found to be acceptable by the Engineer and the Enforcement Officer;
E. "As-built" construction plans have been submitted by the subdivider to the Municipality and release from the posted performance surety has been granted.
(b) Performance Bond. The subdivider shall execute a contract with the Municipality agreeing to carry out all required public improvements, as specified in these regulations. The method of guarantee may be in the form of a Subdivider Agreement and a Letter of Credit, or posting a Performance Bond. The contract between the subdivder and the Municipality shall be in a form approved by resolution of Council.
(1) Subdivider's agreement. The subdivider shall execute a contract to construct all required public improvements with the Municipality.
(2) Letter of credit. The subdivider shall submit a Letter of Credit covering the cost of the required public improvements in accordance with the requirements specified by the Municipality; or
(3) Performance bond. The posting of a performance bond by the subdivider for one hundred percent (100%) of the estimated cost of all required public improvements as specified in these regulations shall be required to guarantee their proper installation. The Enforcement Officer and the Municipal Engineer shall determine that the amount of the posted bond adequately reflect the probable costs of the improvements to be installed.
(c) Maintenance Bond. Once all the required public improvements have been constructed in the subdivision, the subdivider shall post with the Municipality a maintenance bond in the amount of ten percent (10%) of the actual public improvement costs. The dollar amount of this maintenance bond shall be subject to the approval of both the Enforcement Officer and Engineer with regard to being an accurate reflection of actual public improvement costs. No public improvements shall be accepted by Council until the subdivider shall post an approved maintenance bond and this maintenance bond will extend for one year from the actual date that Council accepts the street dedication, and/or the required water and sewer facilities. The subdivider shall execute a contract with the Municipality Engineer to carry out all required public improvements and agreeing to post the required maintenance bond. Such contract shall be in form as approved by Council by resolution.
(d) Procedure in Case of Default. The subdivider shall be in default of his performance bond when one of the following conditions exist:
(1) The installation of all required public improvements as called for in these regulations has not taken place within the two year period agreed upon in the Subdivider's Contract with the Municipality, and the subdivider has failed to establish reasonable cause for such delay to the satisfaction of the Planning Commission and thereby to receive a time extension.
(2) The subdivider has not constructed the required public improvements in accordance with the minimum standards specified in Chapter 1113, and the subdivider is unwilling to modify and to upgrade the public improvements within a six month time period so as to be in compliance with the provisions of these regulations.
The subdivider shall be in default of his maintenance bond when the required public improvements have not been properly maintained over the two year period following the actual date that Council accepts the dedication of the public improvements so that these public improvements meet fully all of the requirements under the terms of these regulations; or when the required public improvements are not in accordance with the "as-built" plans submitted by the subdivider to the Municipality.
In such cases of default, the Municipality shall proceed to utilize the performance bond and/or maintenance bond moneys to construct the required public improvements to the minimum design standards as required in these regulations.
(e) Required Plat Restrictions. Each final plat submitted to the Planning Commission for approval shall contain statements in the restrictive covenants providing for the following items:
(1) All utility easements as dedicated on the face of the plat shall be kept free of all permanent structures and the removal of any obstructions such as structures, trees, shrubbery, fences, or other installation thereon, whether temporary or permanent, by the Municipality or a utility company shall in no way make the Municipality or utility company liable for damages or obligate the utility company to restore the obstruction to its original form;
(2) Before any building within the subdivision may begin to be constructed, the subdivider shall first obtain from the Enforcement Officer the Building Permit required by the Zoning Ordinance;
(3) Before any house or building on any lot in the subdivision shall be used or occupied as a dwelling or as otherwise provided in these regulations and the Zoning Ordinance, the developer or any subsequent owner of the lot or tract shall first obtain from the Enforcement Officer the Certificate of Occupancy as required by the Zoning Ordinance;
(4) The further subdivision of any lot or combination of lots is prohibited within the subdivision previously approved by the Planning Commission, unless and until the Planning Commission has reviewed and approved the change.
(f) Requiring Approvals to Accompany Final Plat. The following approvals shall accompany a final plat and shall be necessary for its approval:
(1) Approval by a registered engineer on the construction drawings that the drawings have all been prepared in accordance with Municipal requirements;
(2) Certification by a registered surveyor that the final plat is correct;
(3) Stated dedication of streets, utilities and public areas recorded on the final plat with the notarized signatures of the property owners and the mortgagees ;
(4) Enforcement Officer approval of the final plat;
(5) Municipal Engineer approval of the final plat and the construction drawings;
(6) City Manager approval of the final plat and the construction drawings;
(7) Planning Commission approval of the final plat with the signature of the Chairman;
(8) Performance bond approved by the Planning Commission as providing sufficient assurance against default by the subdivider in executing the requirements of these regulations;
(9) Council approval of the final plat and dedication of public streets; and
(10) Ohio Environmental Protection Agency approval of water and sanitary sewer facilities. (Ord. 333. Passed 12-10-73.)