Before the plat is signed by the officers of the APC or is recorded, the subdivider shall file a performance bond or irrevocable letter of credit with the APC office and the appropriate legislative body.
(A) Letter of credit or bond. The performance bond or letter of credit shall:
(1) Cover 100% of the installation costs of the streets, surface swales, sub-surface and storm drainage systems and seeding/erosion control;
(2) Run to the appropriate legislative under whose jurisdiction the subdivision is located;
(3) Be in an amount determined by the appropriate legislative body to be sufficient to complete the improvements and installations in compliance with this chapter. The subdividers engineer shall supply an estimate of the cost of improvements and installations on the project to aid in determination of the amount of surety. The engineer’s estimate, however, shall not be binding; and
(4) Be with surety satisfactory to the appropriate legislative body. Comply with all statutory requirements and shall be satisfactory to the counsel of the appropriate legislative body as to form, sufficiency and manner of execution as set forth in these regulations.
(B) Completion period. The period within which required improvements must be completed shall not in any event exceed two years from date of final approval.
(C) Extension. The appropriate legislative body may, upon proof of difficulty, extend the completion date set forth in the surety for a maximum period of one additional year. The appropriate legislative body may, at any time during the period of the surety, accept a substitution of principal or sureties on the surety upon recommendation of counsel for the appropriate legislative body.
(D) Responsibility of the subdivider. All required improvements shall be made by the applicant, at his or her expense, without reimbursement by the local government or any improvement district therein.
(1) In those cases where performance surety has been posted and required improvements have not been installed within the terms of the performance surety, the local government may thereupon declare the surety to be in default and require that all the improvements be installed regardless of the extent of the building development at the time the surety is declared to be in default.
(2) Any money received from the surety or otherwise shall be used only for making the improvements and installations for which the surety was provided.
(3) The subdivider shall be required to maintain, at his or her expense, a certified civil engineer or engineering firm on the job site to manage the construction of the subdivision improvements. The on-site engineer shall certify that the subdivision construction is in compliance with the detailed construction plans submitted to the APC during the review of the secondary plat. The on-site engineer shall submit weekly progress reports to the Director during construction and should notify the Director, County Engineer and other appropriate officials when important work has been scheduled so that the county may conduct an inspection. A final report shall be submitted to the APC and the appropriate legislative body by the engineer or his or her firm. If the County Engineer finds, upon inspection, that any of the required improvements have not been constructed in accordance with the local government construction standards and specifications, the applicant shall be responsible for completing the improvements. Wherever the cost of improvements is covered by performance surety, the applicant and the bonding company shall be severally and jointly liable for completing the improvement according to specifications.
(4) The appropriate legislative body shall not accept any of the required improvements nor release the performance surety until the appropriate officials have submitted a final inspection report. Such a report shall state that all required improvements have been satisfactorily completed and that the layout of all public improvements is in accordance with the construction plans submitted by the subdivider’s engineer for the development. Only after this step should the appropriate legislative body consider acceptance of the improvements and the release of the performance surety.
(E) Inspections.
(1) Road inspection. It shall be the duty of the subdivider to notify the county’s Highway Superintendent before any construction commences on the curbs, gutters, public walks or roads in the subdivision, such that the inspector may run any and all tests required during the construction period.
(2) Sewer and water inspection. It shall be the duty of the subdivider to notify the Boone County Health Department, before any construction commences such that the Sanitarian may run any and all tests required on the sewage disposal and water supply facilities in the subdivision.
(3) Drainage inspection. It shall be the duty of the subdivider to notify the Boone County Surveyor before commencing construction so that any and all tests may be run on the drainage structures and the grading of the subdivision during the entire construction period.
(Ord. 98-26, passed 12-21-1998)