(A) Prior to installation of any required improvements and prior to approval of the final plat, the subdivider shall enter into a contract in writing with the county and the township requiring the subdivider to furnish and construct said improvements at his or her sole cost and in accordance with plans and specifications and usual contract conditions and/or pay appropriate costs for improvements or other costs associated with the plat. Further, the contract shall provide for the development of any restrictions, covenants, easements, or other conditions of the approved preliminary plat and provide for the proper execution, recording or other action required.
(B) Approval of the development contract shall be by County Board resolution and town board resolution.
(1) The development contract shall include provisions for the supervision of the details of construction by the County Engineer or someone acting in that capacity, and grant to the County Engineer or his or her agent, authority to correlate the work to be done under said contract by any subcontractors authorized to proceed thereunder, and with any other work being done or contracted by the county in the vicinity.
(3) Upon the request of the subdivider, the contract may provide for completion of part or all of the improvements covered thereby prior to acceptance of the final plat. In such event the amount of the guarantee shall be reduced in a sum equal to the estimated cost of the improvements so completed prior to acceptance of the final plat.
(4) The time for completion of the work and the several parts thereof shall be determined by the County Board and/or town board upon recommendation of the County Engineer after consultation with the subdivider and shall be reasonable in relation to the work to be done, the seasons of the year, and proper correlation with construction activities in the subdivision.
(5) The development contract shall state that the subdivider agrees that the county is authorized to automatically draw from the financial guarantee account should it find the subdivider to be in violation of county code and/or the conditions set forth in this contract.
(6) One copy of the development contract which was signed by the applicant, Town Board, and the county shall be submitted to the Department at time of final plat approval. The County Board shall ensure that the development contract and all attachments, exhibits, easements, and other associated documents are recorded in the County Recorder’s Office with the final plat. All recording costs shall be the responsibility of the developer.
(Ord. 33, § 8.3, passed 1-21-92; Am. Ord. 70-2010, passed 1-25-11)