Upon completion of all subdivision improvements and the release of the performance surety and prior to acceptance of these improvements into the Boone County maintenance system, the subdivider shall provide a three-year maintenance bond or irrevocable letter of credit. Upon completion of all infrastructure installation, the plans for the systems as built shall be filed with the office of the APC.
(A) Letter of credit or bond. The maintenance bond or letter of credit shall:
(1) Be in an amount equal to 20% of the cost of the improvements and installations as indicated in establishment of the performance surety;
(2) Cover any necessary maintenance needed for the streets, surface swales, sub-surface and storm drainage systems and seeding/erosion control during the three-year maintenance period;
(3) Run to the appropriate legislative body, under whose jurisdiction the subdivision is located; and
(4) Provide surety satisfactory to the appropriate legislative body.
(B) Responsibility of the subdivider.
(1) The subdivider shall warrant the workmanship and all materials used in the construction, installation and completion of the improvements and installations to be of good quality and have been constructed and completed in a workmanlike manner in accordance with the standards, specifications and requirements of this chapter and the satisfactory plans and specifications for the subdivision by the APC.
(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.
(C) Inspections. Near the end of the three-year maintenance period and before the maintenance surety is scheduled to expire, the Director shall schedule an inspection of the subdivision. If the appropriate officials find, upon inspection, that any of the required improvements are in need of repair, he or she shall notify the Director, the appropriate legislative body and subdivider of those items in need of repair, and he or she shall prepare a report documenting the items. The subdivider shall be required to complete the repairs and upon the satisfactory completion of the repairs may request that the appropriate legislative body assume maintenance of all subdivision improvements and release the maintenance bond. Until acceptance of the subdivision improvements by the county, it shall be the responsibility of the subdivider to maintain the subdivision to the standards of the county.
(Ord. 98-26, passed 12-21-1998)