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(a) Whenever the subdivider is required to construct or install improvements as a condition of approval of a parcel map for a minor subdivision, the requirements for the construction or installation of the improvements shall be noticed on the parcel map. The subdivider, if allowed, shall also execute a covenant of improvement requirements, which shall specify all improvements the subdivider is required to construct or install and shall be recorded with the County Recorder.
(b) The Director may require the subdivider to enter into a written agreement to construct all or part of the required improvements and require the subdivider to post security to guarantee performance. In that case, the subdivider shall provide security that complies with section 81.408, except that the subdivider shall not be allowed to post security under section 81.408(a)(1) unless the amount of security for performance exceeds $25,000. The subdivider shall complete construction or installation of the improvements before the County issues any permit or other grant of approval for the development of the parcels being created by the subdivision. In the alternative, the subdivider and the Director may enter into an agreement for the subdivider to construct or install all improvements by a specified date.
(c) An agreement entered into between the subdivider and the Director to defer the completion of improvements until after the Director issues a building permit shall only be for road improvements. An agreement to defer improvements shall be subject to the following requirements:
(1) The agreement shall provide that the subdivider shall complete all road improvements and obtain approval from the Director DPW before the Director issues approval for the final building inspection for any building to be constructed, placed or erected on the property to be subdivided.
(2) The subdivider shall provide security for the agreement that complies with section 81.408.
(3) The subdivider shall enter into a separate right of entry agreement with the County that gives the County the right to enter the property during normal business hours to inspect the improvements. The right of entry agreement shall also provide that if the subdivider fails to complete the improvement as required the County shall have the right to enter and complete the improvements at the subdivider's expense.
(Added by Ord. No. 5023 (N.S.), effective 1-5-78; amended by Ord. No. 5406 (N.S.), effective 3-22-79, operative 3-23-79; amended by Ord. No. 6552 (N.S.), effective 4-15-83; amended by Ord. No. 10037 (N.S.), effective 3-26-10; amended by Ord. No. 10224 (N.S.), effective 10-25-12; amended by Ord. No. 10529 (N.S.), effective 5-18-18)