(A) Before a final plat is approved by the County Board, the subdivider of the land covered by the said plat shall execute and submit to the County Board an agreement, which shall be binding on his or their heirs, personal representatives and assigns, that he or she will cause no private construction to be made on said plat or file or cause to be filed any application for building permits for such construction until all improvements required under this chapter have been made or arranged for in the manner following as respects the highways, roads or streets to which the lots sought to be constructed have access.
(B) (1) Agreement.
(a) Prior to the installation of any required improvements and prior to approval of the final plat, the subdivider shall enter into a contract in writing with the county requiring the subdivider to furnish and contract said improvements at his or her sole cost and in accordance with plans and specifications and usual contract conditions. The agreement shall require the subdivider to make an escrow deposit or, in lieu thereof, to furnish a performance bond acceptable to the County Attorney, the amount of the deposit or penal amount of the bond to be equal to 150% of the engineer’s estimate of the total cost of the improvements to be furnished under the contract, including the cost of inspection. On request of the subdivider, the contract may provide for completion of part or all of the improvements covered thereby prior to the acceptance of the final plat. In such event, the amount of the deposit or bond may be reduced in a sum equal to the estimated cost of the improvements so completed prior to the acceptance of the final plat. The time for completion of the work and several parts thereof shall be determined by the County Planning Commission upon recommendation of the engineer after consultation with the subdivider. It shall be reasonable with relation to the work to be done, the seasons of the year and proper correlation with construction activities in the plat and subdivision.
(b) No subdivider shall be permitted to start work on any other subdivision without approval of the County Planning Commission if he or she has previously defaulted on work or commitments.
(2) Financial guarantee.
(a) The contract provided for in division (B)(1) above shall require the subdivider to make an escrow deposit, or in lieu thereof, furnish a performance bond. The escrow deposit or performance bond shall conform to the requirements of this regulation.
(b) An escrow deposit shall be made with the County Auditor/Treasurer in a sum equal to 150% of the total cost as estimated by the County Engineer of all improvements to be furnished and installed by the subdivider pursuant to the contract, which have not been completed prior to the approval of the final plat. The total costs shall include costs of inspection by the county. The county shall be
entitled to reimburse itself out of said deposit for any cost and expenses incurred by the county for completion of the work in case of default of the subdivider under said contract, and for any damages sustained on account of any breach thereof. Upon completion of the work and the liability, the balance remaining of said deposit shall be refunded to the subdivider.
(c) In lieu of making the escrow deposits, the subdivider may furnish a performance bond with corporate surety, in a penalty sum equal to 150% of the total cost as estimated by the County Engineer of all the improvements to be furnished and installed by the subdivider pursuant to the contract, which have not been completed prior to the approval of the final plat. The total cost shall include costs of inspection by the county. The bond shall be approved as to form by the County Attorney and filed with the County Auditor/Treasurer.
(C) No final plat shall be approved by the County Board until the Board is satisfied that the improvements described herein, together with the agreements and documents required herein, meet the minimum requirements of all applicable ordinances. Drawings showing all improvements as built shall be filed with the County Engineer.
(D) No final plat shall be approved by the County Board on land subject to flooding or containing poor drainage facilities and on land which would make adequate drainage of streets, roads and lots impossible. However, if the subdivider agrees to make improvements which will, in the opinion of the County Board, make the area suitable for use without interfering with the flow of water under flood conditions, the final plat of the subdivision may be approved.
(E) All of the required improvements to be installed under the provisions of this chapter shall be inspected during the course of the construction by an agent of the County Board. All of the inspection costs pursuant thereto shall be paid by the subdivider in the manner prescribed in division (B) above.
(Ord. passed 12-11-1979)