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(A) Prior to receipt of a final approval for any development activity or as a condition thereof, all improvements required by this chapter shall be completed, or provisions made for their completion, in accordance with one of the following methods:
(1) Installation and completion by and at the expense of the developer;
(2) The furnishing by the developer to the Land Use Administrator of a certified check or a personal, corporate, or property bond with cash escrow or other method of performance guarantee approved by the County Attorney. This guarantee should be sufficient to cover the cost of all improvements required to be installed by the developer as estimated by the Land Use Administrator; or
(3) The furnishing by the developer to the Land Use Administrator of evidence of the existence of agreements between the developer and qualified contractors for the installation and completion of the improvements and the contractors’ performance guarantees for the benefit of the county and the developer, and satisfactory to the County Attorney, in an amount sufficient to cover the cost of all the improvements required to be installed by the developer as estimated by the Land Use Administrator.
(B) In the event that the developer elects to proceed by methods in divisions (A)(2) or (A)(3) above as outlined in division (A) above, the developer shall set a time, subject to the approval of the Land Use Administrator, by which it is estimated the improvements will be installed and the work in its entirety completed. Unless an extension of that time is approved by the Land Use Administrator and a new estimated date of accomplishment and completion of the improvements is established, the county, at its discretion, may make use of the performance guarantee.
(C) Upon the completion of the installation of all improvements, the developer shall furnish a statement 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 county. If this submittal is approved by the county, the bond, escrow, or other guarantee of completion shall be released within 30 days of receipt of written notice from the developer to the Land Use Administrator, unless such developer is notified in writing by the Land Use Administrator of a delay in such release and the reasons therefor. The county 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.
(D) Any bond, escrow, or guarantee posted in lieu of payment may be released in part as construction progresses if approved as partially completed by the Land Use Administrator and when done in accordance with a predetermined release schedule.
(E) In the event the developer has, in the opinion of the Land Use Administrator, just cause for not completing the improvements in the entire development where a satisfactory performance guarantee has been posted, the Land Use Administrator may release the developer from his or her obligation to complete all of the improvements in the development, provided the developer furnishes a statement by a licensed 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 county.
(Ord. passed 11-9-1995) Penalty, see § 157.999