12-4-4: PUBLIC IMPROVEMENTS AGREEMENT; GUARANTEE:
   A.   Required: As a condition of approval of the final plat, the subdivider must have installed all required improvements or have entered into a subdivision improvements agreement guaranteeing the construction, installation, and maintenance of all required improvements 1 . No construction or placement of structures on the lots may occur until improvements related to public health and safety, such as roads or firefighting facilities, have been installed and engineering plans have been filed. A model subdivision improvements agreement and alternative methods of guaranteeing public improvements, the procedures and requirements for securing an agreement, and suggested conditions for maintenance are provided in sections 12-14-8 and 12-14-9 of this title.
   B.   Guarantee: If the subdivider chooses to enter into a subdivision improvements agreement, guaranteeing the public improvements through a bond or letter of credit, three (3) bids for the cost of installation of the public improvements shall be obtained by the subdivider. The amount of the guarantee shall be calculated by multiplying one hundred twenty five percent (125%) by the highest bid. As the public improvements are installed, the subdivider shall provide a letter to the governing body indicating such and including a copy of the engineered plans. The county engineer or consulting engineer designated by the governing body shall review and certify that all public improvements have been installed in conformance with the plans and specifications. Prior to the release of the guarantee, a copy of the plans, stamped by the project surveyor or engineer in accordance with their licensing provisions, shall be filed in the clerk and recorder's office with reference to the final subdivision plat. (Ord. 784, 8-6-2007)

 

Notes

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1. MCA § 76-3-507.