§ 1581. Subdivision improvement guarantee.

(a)

Improvements. All public improvements required for subdivisions shall have been properly installed and completed in accordance with all requirements and standards of this UDC (other than traffic signs, street name signs, street striping, and signalization) prior to final plat approval.

(b)

Submission. Prior to approval of a final subdivision plat, a subdivision improvement guarantee in a form acceptable to the public development director and county attorney is required for all completed improvements shown on the as-built surveys required by this UDC. Prior to final plat approval, the owner of a subdivision involving public improvements shall submit a subdivision improvement guarantee.

(c)

Maintenance period and duration of guarantee. The subdivider shall maintain any public improvements in the subdivision, for a period of two years or until certificates of occupancy have been issued for 75 percent or more of the principal buildings on the lots shown on the final subdivision plat, whichever occurs later. The two-year maintenance period shall begin upon recordation of the final subdivision plat. If the two-year term expires before the issuance of certificates of occupancy for 75 percent or more of the principal buildings on the lots shown on the final subdivision plat, the improvement guarantee shall be renewed or extended, until certificates of occupancy have been issued on 75 percent of the principal buildings on the lots shown on the final subdivision plat. The subdivider shall not assign this responsibility to another entity without permission of the county attorney and public development director.

(d)

Amount of guarantee. The value of the improvement guarantee shall be equal to $15.00 per linear foot of street improvements shown on the as-built surveys or final plat. The cost of construction shall be evidenced by copies of contractor agreements or actual invoices paid, or as otherwise determined or accepted by the public development director.

(e)

Inspection. Prior to the end of the maintenance period, the subdivider shall request an inspection of the subdivision's public improvements. The public development department shall perform the inspection. The subdivider shall be notified of the inspection results in writing at least 30 days prior to receipt of a request from the subdivider to the county to initiate an inspection.

(f)

Repairs. If repairs are needed for the public improvements to meet county specifications during the two-year maintenance period, the subdivider shall be required to make such repairs within 30 days, after written notification by the public development director. The subdivider must correct all defects or deficiencies in materials or workmanship and make such repairs as necessary to approximate the as-built condition of the improvements. When the subdivider completes the necessary maintenance repairs, he or she shall request in writing that the public development department inspect the repairs. The public development department shall inspect the repairs and notify the developer of the inspection results.

(g)

Remedy. If the repairs are not completed, the subdivision improvement guarantee shall be called to pay for the repairs. Should the amount of the subdivision improvement guarantee be inadequate to pay for the repairs, the developer shall pay the remaining amount. The county may withhold building permits if the remaining amount required by this paragraph is not paid.

(Ord. No. 17-003 , § 1, 10-2-2017)