(A) In lieu of the completion of the physical development and installation of the required improvements previous to the final approval of a plat, the County Council, or its designee, may accept a bond, in an amount and with surety and conditions satisfactory to the Council or its designee, providing for and securing to the county the actual construction and installation of the improvements and utilities within a period specified by the Newberry County Council, or its designee, and expressed in the bond.
(B) The nature and the amount of the surety and procedure shall be as determined by the County Council.
(C) The bonding of a subdivision project prior to final plat approval shall authorize the sale, conveyance, or transfer of lots within the subdivision, in addition to the use of the lots as legal building sites.
(D) To facilitate the sale, conveyance, or transfer of lots within a bonded subdivision, the developer must submit an appropriate number of bonded plats for recording by the Clerk of Court.
(E) Extensions of the period of time, which the developer has to complete the subdivision under bond, may be granted by the Planning Commission or by Newberry County Council, or its designee.
(F) The developer is solely responsible for the operation and maintenance of any and all roads, water systems, sewer systems, recreational facilities, or drainage facilities proposed to be conveyed to a public agency, until final plat approval or their acceptance by the appropriate public agency.
(G) Any agreements between the developer and prospective property owners, such as restrictive covenants, road maintenance agreements, mandatory homeowners’ association agreements, or the like, must be available for recording with the bonded final plat.
(H) All building permits issued between bonded final plat and final plat approval shall have as a special condition that no final inspections or certificates of occupancy shall be issued until the building site is served by an approved source of water, sewer, electricity, and gas (if applicable).
(I) For consideration of all approvals of sureties or bonds, or of requests for extensions of time to act, requiring action by Newberry County Council, the Council hereby designates the County Administrator as its agent to approve or disapprove such bonds or sureties, and such requests for extensions of time to act. Within 30 days of the date of his or her decision, but not thereafter, or if more than 45 days have elapsed since the bond, surety or request for extension of time was submitted and no action has been taken thereon, any aggrieved party may submit a petition to the Clerk to County Council requesting a review by County Council of the action of the County Administrator, or for direct approval of the surety or bond or request for extension of time, if no action has been taken. The decision of County Council shall be final.
(Ord. 105, passed 12-29-1988; Am. Ord. 04-12-08, passed 7-16-2008)
Penalty, see § 154.999