1246.01 IMPROVEMENTS AND SUBDIVIDER’S AGREEMENT.
(a) Before the record plan is signed by the City, all applicants shall be required to complete or provide security for all the street, sanitary sewer, storm water sewer and other public improvements, including lot improvements, as required in these regulations and as specified in the record plan approvals by the Planning Commission. All public improvements shall also be dedicated to the local government, free and clear of all liens and encumbrances.
(b) Cash bonds shall be provided in one of the following forms, subject to approval of the necessary documentation by the City Law Director:
(1) By delivery to the City of a certified or cashier’s check payable to the “City of Springboro, Ohio.”
(2) By delivery to the City of an assignment of a savings account or certificate deposit to the “City of Springboro, Ohio” with the City having the unrestricted right of withdrawal upon a written application by the City Manager, without any requirement to show cause.
(3) By delivery to the City of a bank letter of credit in favor of the “City of Springboro, Ohio” with the following provisions expressly stated therein:
This letter of credit shall remain in full force and effect, reduced in amount only by payments made to the City of Springboro, until released by the official action of the City Council of Springboro. The City of Springboro may draw upon this letter of credit at any time, in any frequency, and in any aggregate amount up to the amount stated hereon, by written application of the City Manager, without any showing of cause.
(c) The text of the subdivider’s agreement for both maintenance and performance guarantees, as well as signature blocks, shall be maintained by the City Engineer as amended by the Planning Commission from time to time.
(d) The subdivider’s agreement shall provide that the covenants contained in the agreement shall run with the land and bind all successors, heirs, and assignees of the subdivider. The subdivision improvement agreement will be adopted by the City Council.
(e) Governmental units to which the subdivider’s agreement and security provisions apply may file, in lieu of the contract and security, a certified resolution or ordinance from officers or agencies authorized to act in their behalf, agreeing to comply with the provisions of this chapter.
(f) In cases where a subdivider’s agreement has been executed and security has been posted and required public improvements have not been installed within the terms of the subdivider’s agreement, the City of Springboro may then:
(1) Suspend record plan approval, as provided in Section 1244.12 of these subdivision regulations, until the improvements are completed and record a document to the effect for the purpose of public notice; or
(2) Obtain funds under the security and complete improvements itself or through a third party; or
(3) Assign its right to receive funds under the security to any third party, including a subsequent owner of the subdivision for which improvements were not constructed, in whole or in part, in exchange for that subsequent owner’s promise to complete improvements in the subdivision.
(g) The approval of a subdivision plan by the Planning Commission, whether concept, preliminary or final, shall not be deemed to constitute or imply the acceptance by the municipality of any street, or park shown on the plan. Acceptance of dedications is implemented through City Council ordinance.
(Ord. 04-41. Passed 8-19-04.)