Before Planning Commission approval may be shown on the record plat for recording, the subdivider shall deliver to the Director of Works the following items.
(A) Subdivided commitment.
(1) The subdivider shall be responsible for the installation, good repair, and proper functioning of all improvements, including private roads, required by the approved construction plan and the installation of all reference monuments required by the record plat. Installation shall begin within a year after approval of the record plat, or within any one-year extension granted by the Director of Works, and shall proceed in a manner which, in the judgment of the Director of Works, does not cause unreasonable harm, inconvenience, or annoyance to any other property owner in or outside of the subdivision. The judgment of the Director of Works with respect to the manner of proceeding may not be questioned in any judicial proceeding by anyone except the subdivider, but said judgment, when exercised in favor of the subdivider, shall not constitute a defense to the subdivider in a judicial action against the subdivider by a complaining property owner.
(2) This obligation of the subdivider shall continue until the Director of Works, acting on behalf of the Planning Commission, has granted a release pursuant to § 155.225. The required installations shall be completed and properly functioning within five years from the date of which construction plans are approved, unless an extension is requested by the subdivider and approved by the Director of Works, in writing.
(3) If 80% of the lots do not have a completed structure on them, the subdivider may request that the Director of Works, also acting on behalf of the MSD, waive the 80% requirement and notify the Planning Commission of such waiver. If the waiver is granted, the subdivider or design engineer, acting on behalf of the subdivider, shall initiate the bond release process by sending a written request for bond release inspection to the Public Works, the MSD, the Health Department, and the local fire protection district. At any time after the date of approval of the record plat, the subdivider shall abide by any time limits which the Director of Works may specify in writing. This obligation shall be evidenced, in writing, signed by the subdivider on forms provided by the Director of Works.
(B) Security required. There shall be filed with the Director of Works a bond instrument(s) approved by the Planning Commission and in the amounts determined by the Director of Works and the MSD to ensure fulfillment of the subdivider’s commitment as set out in division (A) above. Reduction of bond requirements shall not alter the subdivider’s liability for fulfilling the obligations set out in division (A) above.
(LDC § 7.2.45)