(A) Prior to submission of a street for maintenance and the street is relative to a subdivision, either new or an extension of an existing street, the developer, subdivider or builder of the street shall fully and completely reimburse the county for any and all fees and costs paid to any engineer or engineering firm retained by the county to review the construction techniques of the street, and review of any associated plat.
(B) Prior to the acceptance by the Fiscal Court of maintenance of any road or street, as described above, the developer, subdivider or builder shall have fully, and completely reimbursed the county for any and all fees and costs paid to any engineer or engineering firm retained by the county for the purpose of construction inspection. It is the intent of this chapter that all costs incurred by the county for any engineer or engineering firm shall be the responsibility of the developer, subdivider or builder and the reimbursement shall be a condition for approving any road or street as described above for county maintenance.
(2001 Code, § 92.01) (Ord. passed 9-14-2000)
Statutory reference:
County roads, see KRS Chapter 178
The county, by and through the Fiscal Court, or its authorized agents, may require that one-inch bituminous surface course not be applied to any selected subdivision streets or roads until after completion of at least 75% of subdivision buildings in the associated subdivision. The Fiscal Court may, at its option, accept streets or roads prior to the application of the surface course provided that the Fiscal Court retains a maintenance and performance guarantee to ensure that the existing road is properly maintained and to ensure that the road is completed once the subdivision is fully developed.
(2001 Code, § 92.02) (Ord. passed 9-14-2000)
(A) The developer, subdivider or builder shall be responsible for the maintenance and repair of the improvements installed and shall be responsible for any damage done to the improvements by construction traffic, local traffic or by any other means and shall ensure accessibility to all occupied lots until final acceptance for maintenance by the county. Upon completion of work and before acceptance by the county for maintenance, the developer, subdivider or builder shall clean up all ground occupied or affected in connection with the work. Failure to maintain or repair improvements shall result in billing the developer, subdivider or builder for the services performed by county employees, or their agents. Payment for services shall be guaranteed by the performance bond or other instrument used as the guarantee.
(B) An amount of 50% of the final cost of roads, streets and associated gutters and curbs, shall be retained from the original instrument of construction guarantee, or a new instrument posted, at the developer subdivider or builder’s option, with the Fiscal Court at the time of public acceptance of the road or street and 50% shall be retained for two years to guarantee the quality of construction of the road, street and associated gutters and curbs.
(2001 Code, § 92.03) (Ord. passed 9-14-2000)
(A) Prior to the final submission of the road or street for county maintenance, the developer, subdivider or builder shall complete all required improvements to the satisfaction of the County Engineer and the appropriate utilities who will certify their satisfactory completion in writing to the Fiscal Court.
(B) (1) The developer, subdivider or builder shall submit to the Fiscal Court or the County Engineer an estimated cost calculated to be reasonably necessary to complete all of the improvements required for their review and approval. The Fiscal Court hereby establishes the bond amount at 125% of the cost approved and deemed sufficient.
(2) The bond may be in the form of a surety bond, certified check, irrevocable letter of credit or a cash bond or negotiable United States Treasury certificates of the kind approved by law for securing deposits of public money. The bond shall be executed by the developer, subdivider or builder as principal, and if a surety bond, shall be executed by a corporation authorized to act as a surety under the laws of the state, as surety. The bond shall be a joint bond and several obligations, faithful performance of any and all work and the construction and installation of all improvements required to be done by the developer, subdivider or builder together with all engineering and inspection costs and fees incurred by the county. The bond shall contain further condition that should the developer, subdivider or builder fail to complete all work and improvements to be done by him or her within 12 calendar months of the point of beginning, or upon a mutually agreed to extension of time not to exceed an additional 12 calendar months. The parties executing the bond shall be firmly bound for the payment of all necessary costs therefor.
(3) Whenever the developer, subdivider or builder elects to deposit cash, certified check or approved negotiable United States Treasury Certificates, the Fiscal Court is hereby authorized, in the event of any default on the part of the developer, subdivider or builder or the performance of any work for which the cash or negotiable instrument or bond has been deposited, to cause the required work to be done and to withdraw that amount required for payment of all costs therefor.
(2001 Code, § 92.04) (Ord. passed 9-14-2000)
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