(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) ACCEPTANCE. Actions of the county to take ownership of rights-of-way dedicated to public use as shown on the subdivision plot or other recordable downward.
(2) DEDICATION. Action of the developer to transfer ownership and control of rights-of-way shown on the subdivision plot or other recordable elements from private to public ownership.
(3) MAINTENANCE RESPONSIBILITY. The obligation and responsibility of keeping road, street, or improvement in a condition that provides responsible use.
(B) Dedication and acceptance.
(1) The subdivider shall identify public roads, streets, and improvements that are to be transferred to public ownership on the subdivision plat or other recordable document. Dedication shall not occur until widths, alignments, location and design features of the proposed rights-of-way are approved by the county.
(2) After approval by the county, the final subdivision plat or recordable document defining roads, streets and public improvement that are dedicated to the public may be accepted by the county, at the county’s discretion. A legal description of accepted improvements will be filed in the office of the County Recorder and the county shall take ownership as of the date of recording.
(3) The subdivider shall bring public streets, easements and other public improvements to county standards and maintain them in that condition for a period of one year before maintenance as public facility may be requested. Only after inspection shall the County Commission consider the facilities for public maintenance; however, the developer will be required to maintain said improvements until such time as the county decides to accept maintenance responsibility for streets and other improvements dedicated to the county.
(4) At the time the county decides to accept maintenance responsibility it will do so only when it finds that the subdivider has constructed, installed, and maintained the required public improvements to the minimum standards and requirements of the county at the time the project was approved for completion.
(5) County services will not be provided to the subject area until maintenance responsibility for the public improvements is accepted, and the roads are formally dedicated.
(6) In the event the County Commission does not accept maintenance responsibility of the dedicated public improvements, the subdivider shall be so advised in writing by the County Attorney stating the reason for the non-acceptance and necessary corrective actions. If the needed corrections are not made within a reasonable time, as so stated in the notice, the county may have the improvements completed and paid for out of the security deposits for the subdivision.
(Ord. 2021-10, passed 9-27-2021)