(A) Requirements.
(1) Developers of any required on-site or off-site improvements in the county, including developments approved at conditional use permit, site plan review or subdivision approval, shall be required to enter into an improvement guarantee agreement with the county and to deposit the required improvement guarantee funds directly with the County Treasurer, prior to issuance of building or excavation permit, the recording of the subdivision, the issuance of a business license or other time as specified in the land use approval.
(2) The amount of the bond shall be the total of the reasonable construction costs of improvements plus 15%. Required improvements may include, but are not necessarily limited to, the following:
(a) Curb, gutter and drive approaches;
(b) Sidewalk;
(c) Waterway;
(d) Median;
(e) Road base;
(f) Paving and striping;
(g) Fire hydrants;
(h) Water mains, appurtenances;
(i) Copper lateral;
(j) Flood control and irrigation systems;
(k) Any other required public or private improvements required by the land use authority;
(l) Streetlights;
(m) Landscaping and irrigation systems;
(n) Erosion control and revegetation; and
(o) Fencing.
(B) Amount specified in construction bid. In calculating the amount of the required financial guarantee, the County Engineer may, in his or her sole discretion, accept the amount specified in a construction bid as the reasonable cost of the improvements.
(C) Repair of damaged public improvements. The financial guarantee funds deposited pursuant to this division (C) shall also guarantee the repair or replacement of any public improvements damaged prior to the final acceptance for maintenance. The county shall notify the owner/developer or contractor of any such damage and shall require repair or replacement of the damaged public improvements within a reasonable time, but no later than 30 days, weather permitting. Upon the failure of the owner/developer or contractor to make the specified repairs, the county may take whatever legal action it deems appropriate, including utilization of the deposited financial guarantee funds, to secure the repairs.
(D) One-year extension. Fifteen percent of the bond amount for off-site public improvements shall extend for a one-year period beyond the date the improvements are completed, final inspection is made and they are accepted by the county to guarantee replacement of defective public improvements. Upon completion of the improvements, the owner/developer and/or contractor shall call for inspections of the improvements by the County Engineer.
(E) Specified sequence. If the County Engineer determines that the required improvements should be completed in a specified sequence and/or in less than a two-year period in order to protect the health, safety and welfare of the county or its residents from traffic, flood, drainage or other hazards, the County Engineer may require that the improvements be installed in a specified sequence and period which may be less than two years and shall incorporate such requirements in the improvement guarantee agreement.
(F) Type of improvement guarantee. Every improvement required by this section shall be guaranteed by an agreement approved by the County Attorney as to form. The only acceptable method of financial guarantee is funds deposited directly in the office of the County Treasurer. The improvement guarantee form shall include:
(1) Separate itemization of each type of improvement with the estimated cost thereof;
(2) A statement that no more than 80% of the face of estimated amount for any given improvement may be released prior to final acceptance and upon final acceptance. Fifteen percent of such amount will be held for one year after final inspection and acceptance for maintenance and available to the county in case of defective quality of work or materials;
(3) A statement that the developer certifies that he or she has or will notify all subcontractors working under him or her that the county may release no more than 80% of the bond as aforesaid prior to final acceptance; and
(4) A statement that before more than 60% of any item shall be released, there shall be filed with the County Engineer a statement that no materialman liens or mechanic liens exist with regard to the improvements related to any part of the bond.
(G) Duration, terms, second bond.
(1) Every improvement guarantee authorized by this section shall run to the benefit of the county and have an express term of at least one year from the date of approval for the land use application to which it applies. Further, such improvement guarantee shall contain language guaranteeing the performance of the developer and a provision for unconditional payment of the face amount of the bond within five days from any declaration of default or forfeiture.
(2) No partial release of any deposited financial guarantee funds shall be made prior to the final acceptance for maintenance of off-site improvements and said site plan. Immediately prior to final acceptance of the improvements required by the site plan.
(H) Default. In the event the developer is in default or fails or neglects to satisfactorily install the required utilities and improvements within two years from the date of approval of the land use application by the county, or other time as specified by condition of the land use permit issuance, the county may declare the deposited financial guarantee funds forfeited and the county may, in its sole discretion, install or cause the required improvements to be installed, using the deposited funds to defray the expense thereof and administrative overhead.
(Prior Code, § 8-6-17) (Ord. 10-16, passed 12-14-2010)