(A) Temporary improvement. The applicant shall build and pay for all costs of temporary improvements required by the County Board and shall maintain same for the period specified by the County Board. Prior to construction of any temporary facility or improvement, the developer shall file with the county a separate suitable financial guarantee for temporary facilities, which guarantee shall ensure that the temporary facilities will be properly constructed, maintained, and removed.
(B) Governmental units. Governmental units to which these guarantee and contract provisions apply may file in lieu of said contract or financial guarantee a certified resolution or ordinance from officers or agencies authorized to act in their behalf, agreeing to comply with the provisions of this section.
(C) Failure to complete improvement. For a subdivision for which no financial guarantee has been posted, if the improvements are not completed within the period specified by the County Board in the resolution approving the plat, the approval shall be deemed to have expired. In those cases where a financial guarantee has been posted and required improvements have not been installed within the terms of such development contract, the county may thereupon declare the development contract to be in default and require that all the improvements be installed regardless of the extent of the building development at the time the financial guarantee is declared to be in default.
(D) Acceptance of dedication offers. Acceptance of formal offers of dedication of improvements required pursuant to this chapter shall be by resolution of the responsible authority. The approval by the County Board of a subdivision plat shall not be deemed to constitute or imply the acceptance by the responsible authority of any improvements required pursuant to this chapter. The County Board may require said plat to be endorsed with appropriate notes to this effect.
(E) Release or reduction of financial guarantee
(1) Certification of satisfactory completion. The County Board shall not release nor reduce a financial guarantee until the County Engineer has certified that all required improvements have been satisfactorily completed and until the applicant’s engineer or surveyor has certified to the Engineer, through submission of detailed record plans, survey plat of the subdivision, indicating location, dimensions, materials, and other information required by the County Board or Engineer, that the layout of the line and grade of all public improvements is in accordance with construction plans for the subdivision and that the improvements are completed, are ready for acceptance by the responsible authority and are free and clear of any and all liens and encumbrances. Upon such approval and recommendation, the County Board in the name of the responsible authority shall thereafter accept the improvements for dedication in accordance with the established procedure.
(2) Reduction of financial guarantee. A financial guarantee shall be reduced upon actual acceptance of public improvements and then only to the ratio that the cost of public improvement dedicated bears to the total cost of public improvements for plat. In the event that the financial guarantee is reduced below 125% of the cost of the work to be completed, the county may stop work on the subdivision until the guarantee deposit is replenished to the amount of 125% of the cost of the remaining development work.
(Ord. 33, § 8.6, passed 1-21-92; Am. Ord. 70-2010, passed 1-25-11)