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If it appears to the developer that he or she may not complete construction of required improvements before expiration of his or her improvement guarantee, it shall be his or her obligation, at least 15 days prior to said expiration, to submit an extended guarantee to the Planning and Development Director or designee, who shall forward said extension request to City Council for approval. Such extension shall be for a period of six months. A maximum of two such extensions shall be allowed.
(Ord., passed 10-13-92; Am. Ord. 07-019, passed 8-14-07; Am. Ord. 10-036, passed 8-24-10; Am. Ord. 2024-012, passed 6-11-24)
Any deviation from the acceptable format below may delay acceptance of this instrument:
STATE OF SOUTH CAROLINA
CITY OF CAMDEN
IMPROVEMENT GUARANTEE
KNOW ALL MEN BY THESE PRESENTS that we, , as principal, and , as security, are held and firmly bound unto the City of Camden, South Carolina, as obligee, in the sum of $ , for payment whereof to the obligee, the principal and security bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly to these presents:
Signed, sealed, and dated, this day of , 20 .
WHEREAS, application was made to the obligee for approval of a subdivision shown on a plat entitled “ ”, dated , 20 , and filed with the Camden Planning Commission, and said final plat was approved upon certain conditions, one of which is that an improvement guarantee in the amount of $ be filed with the City of Camden to guarantee certain improvements in said subdivision;
NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the above-named principal shall, within from the date hereof (in no case shall the improvement guarantee be valid for more than two years), truly make and perform the required improvements and construction of public improvements in said subdivision in accordance with the specifications of the Land Development Ordinance, then this obligation will be void; otherwise it will remain in full force and effect.
It is hereby understood and agreed that in the event any required improvements have not been installed within the term of this improvement guarantee, the City Council may thereupon declare this guarantee to be in default and collect the sum remaining payable thereunder, and upon receipt of the proceeds thereof, the city shall install such improvements as are covered by the guarantee.
It is further understood and agreed that when the required improvements have been approved for conformity with these regulations by the Planning and Development Director or designee, the guarantee shall be released and returned. In addition, if any portion of the required improvements is completed by the subdivider and approved by the Planning and Development Director or designee, a portion of the guarantee commensurate with the cost of these completed improvements may be released and returned. In no event shall an improvement guarantee be reduced below 25% of the principal amount until all improvements have been approved by the Planning and Development Director or designee.
(L.S.)
Approved and accepted
this th day of 20 (L.S.)
by the Camden City
Council
Mayor
Clerk
(Am. Ord. 07-019, passed 8-14-07; Am. Ord. 10-036, passed 8-24-10; Am. Ord. 2024-012, passed 6-11-24)
DEDICATION ACCEPTANCE AND MAINTENANCE OF IMPROVEMENTS
The final responsibility for the installation of the improvements required by this chapter as the standards impose rests with the subdivider. Upon proper installation of these improvements, the subdivider shall take the final steps to dedicate the improvements and have them accepted by the city and/or the South Carolina Department of Transportation.
(Ord., passed 10-13-92; Am. Ord. 07-019, passed 8-14-07; Am. Ord. 10-036, passed 8-24-10; Am. Ord. 2024-012, passed 6-11-24)
Except in the case of private subdivisions, recording the approved final plat constitutes a dedication of all public streets to public use, a dedication of all neighborhood parks and other public areas to public use, and a reservation for possible future public acquisition of such additional areas as may be required by the Planning Commission or the City Council.
(Ord., passed 10-13-92; Am. Ord. 07-019, passed 8-14-07; Am. Ord. 2024-012, passed 6-11-24)
(A) The offer to dedicate streets, parks, easements or other areas or portions of them does not impose any obligation upon the City Council concerning maintenance or improvements until the City Council has made actual acceptance by resolution, by entry, or by improvement.
(B) If land is dedicated for public use and such use is not imminent, the subdivider may be permitted to dedicate the land with the privilege of using the surface rights until the City Council is ready to use the land. Such dedication with the temporary privilege of use shall be noted on the final plat.
(Ord., passed 10-13-92; Am. Ord. 07-019, passed 8-14-07; Am. Ord. 2024-012, passed 6-11-24)
Any person, firm or corporation who violates the provisions of this chapter, or the owner or agent of the owner of any land to be subdivided within the jurisdiction of this chapter who transfers or sells land before a plat therefor has been approved by the Planning Commission and recorded in the office of the Clerk of Court in and for the County of Kershaw, shall be guilty of a misdemeanor, and upon conviction thereof, shall forfeit and pay penalties as the court may decide for each parcel so transferred or sold or agreed to be sold. The description of metes and bounds in the instrument of transfer, descriptive drawings attached to deeds, or other documents used to sell or transfer property shall not exempt the transaction from these penalties. The Circuit Court in and for the County of Kershaw may enjoin such transfer or agreement by appropriate action.
(Ord., passed 10-13-92; Am. Ord. 07-019, passed 8-14-07; Am. Ord. 2024-012, passed 6-11-24)