(A) General. No plat of any subdivision shall be approved unless the improvements required by this title have been installed prior to such approval, or unless the developer shall have posted a surety bond or irrevocable letter of credit assuring completion of all required improvements. Such improvements may include, but not be limited to, soil preservation, final grading, lot drainage, erosion control, forest thinning, removal of debris and waste, fencing and screening, invasive species, and all other lot improvements required by the County Commission.
(B) Completion of improvements. The County Commission shall require, of the applicant, completion of all required improvements.
(C) Surety.
(1) Surety for all required improvements not completed shall be provided at the date of final plat submittal. An itemized list of uncompleted improvements and associated costs shall be submitted for review and approval.
(2) Surety (as specified in Chapter 2 of this subdivision title) shall be acceptable to the State’s Attorney in form, sufficiency, and manner of execution. The County Commission, in its resolution approving the final plat, shall set forth the period within which improvements shall be completed, but in no event shall such time period exceed two years from the date of final approval; and
(3) A surety or any portion thereof shall not be released without certification of completion from a state registered professional engineer or the developer/owner that improvements were completed in accordance with the approved plans and these regulations.
(D) Failure to complete improvements. Where a surety has been posted and required improvements have not been completed within the terms specified by the surety, the surety shall be declared in default and the required space improvements be installed, regardless of the extent of development at the time of declared default, as directed by the County Commission.
(E) Inspection of improvements. The developer shall provide for the inspection of required improvements during and upon completion of their construction. The applicant/developer shall furnish, to the County Commission, certification, reporting on as-builts from an appropriate registered South Dakota technical professional that space improvements were completed in accordance with the approved plans and these regulations.
(Ord. 14-04, passed 6-30-2015, Ch. 8, Art. 1; Ord. 19-01, passed 4-9-2019; Ord. 24-01, passed 5-14-2024)