Upon the completion of the installation of all improvements, the subdivider shall furnish a statement, approved by the agent and prepared by a certified surveyor or engineer, to the effect that all construction is in substantial conformity to the regulations and requirements of this chapter, and the plans as approved by the agent. The bond, escrow, or other guarantee of completion shall be released within 30 days of written notice by the subdivider or developer to the agent of satisfactory completion of construction, unless such subdivider or developer is notified in writing of a delay in such release and the reasons therefor; provided however that the agent may retain up to 25% of the bond or other obligation for use in repair of improvements as may be necessary within one year of completion. Any bond, escrow, or guarantee posted in lieu of payment may be released partially as a portion or portions of such construction progresses and is approved as completed by the agent. In the event the subdivider has, in the opinion of the agent, just cause for not completing the improvements in the entire subdivision where either a certified check or surety bond or performance bond has been posted, the agent may release the subdivider from his or her obligation to complete all of the improvements in the subdivision provided the subdivider furnishes a statement by a certified surveyor or engineer to the effect that all construction which has been completed conforms to the regulations and requirements of this chapter and the plans as approved by the agent; and provided further, that the subdivider has furnished satisfactory evidence that the undeveloped portion of the subdivision has been vacated by proper authority.
(Ord. passed 8-10-1989) Penalty, see § 154.999