2016-096 Ordinance - Laserfiche WebLink

Home Browse Search

EXHIBIT A: EXISTING CHAPTER 927 Storm Water Management and Urban 66P1 Sediment Pollution Abatement Systems 927.10 (b) Security for Bond. Performance bonds shall be secured as follows: (1) By the written guarantee of one or moresurety companies authorized to conduct business within the State of Ohio. The form of guarantee shall be approved in writing by the Director of Law. The Director may reject a performance bond in the event that he reasonably determines that the assets of the surety company or companies, subject to attachment within the State of Ohio, are insufficient to secure performance of the owner's obligations, taking into account other outstanding liabilities and contingent liabilities of the surety company or companies: or (2) By deposit of cash in the full face amount of the bond, with the City. (c) Amount of Bond. The amount of performance bond shall be determined by the City Engineer and shall be in an amount equal to the estimated total cost of materials and labor required to install or construct all improvements required by this Chapter. The amount of a performance bond shall include estimated damages, if any, to neighboringproperties which are the subject of the hold harmless provision contained in subsection (a) hereof, and the estimated costs of defending against claims for any such damages. (d) Reduction of Bond and Return of Security. When the City Engineer shall have certified in writingthat all improvements have been satisfactorily completed in accordance with p approved plans and specifications, the performance bond submitted by the developer shall be cancelled and all funds deposited as security therefor shall be returned. Upon written certification by the Engineer that any portion of the improvements has; upon inspection, been found satisfactorily completed, a reduction in the amount of the bond or partial withdrawal of funds deposited as security therefor, equal to the cost of such completed improvements, as estimated by the City Engineer, may be authorized by the City Engineer if, in the opinion of the City Engineer the remaining bond or security shall be fully sufficient, under all the circumstances, to guarantee performance of the conditions of the bond. (Ord. 2012-76. Passed 10-23-12.) 927.10 VARIANCE. The City Council may grant a variance to these regulations where the owner or his appointed representative can show that a hardship exists whereby compliance with these regulations is not appropriate, based upon the following: (a) "That exceptional topographic or other physical conditions exists which are peculiar to the particular parcel of land; (b) That the peculiar condition in paragraph (a) did not result from previous actions by the owner. Adverse economic conditions shall not be considered as a valid reason or a hardship for a variance request to be granted. No variances will be granted where activities occur that will defeat the purposes of regulations. City Council may impose stricter requirements in some portion of a development to compensate for a variance affecting a portion of the development. The request for a variance shall be submitted to City Council with a copy to the City Engineer and shall state the specific variances sought and include sufficient data to justify the granting of a variance. (Ord. 2012-76. Passed 10-23-12.)