<div class="chunk-title">Sec. 62-56. - Improvements installation or guarantees.</div>
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            <p class="incr0">
               (a)
               
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               Upon approval of the preliminary plat by the planning board, the subdivider may proceed
               with the preparation of the final plat, and the installation of, arrangement for,
               required improvements and conditions (if applicable) in accordance with the approved
               or conditionally approved preliminary plat and the requirements of this chapter for
               that portion of the subdivision to be shown on the final plat.
               
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               (b)
               
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               Prior to final approval of a final plat, the subdivider shall have installed said
               improvements or guaranteed their installation as provided below.
               
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            <p class="incr0">
               (c)
               
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               Improvement guarantees.
               
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               (1)
               
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               <span class="ital">Agreement and security required.</span> In lieu of requiring the completion, installation, and dedication of all improvements
               prior to final plat approval, the county may enter into an agreement with the subdivider
               whereby the subdivider shall agree to complete all required improvements as specified
               on the approved preliminary plat for that portion of the subdivision to be shown on
               the final plat within a reasonable time, to be determined in said agreement. The subdivider
               shall meet subsections (c)(1)a and b of this section if a surety bond or cash or an
               equivalent security required herein is provided. The final plat may be approved by
               the planning board provided it meets with the requirements of<a href="" data-chunk-id="PTIICOOR_CH62SU_ARTIIIPRSUPLREAP_S62-57FIPL" class="section-link" data-product-id="14529"> section 62-57</a>.
               
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               a.
               
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               <span class="ital">Surety performance bonds.</span>
               
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               1.
               
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               The subdivider shall obtain a performance bond from a surety bonding company authorized
               to do business in the state. The bond shall be payable to the county and shall be
               equal to 1.25 times the entire cost, as estimated by the subdivider's licensed engineer,
               or three bids and approved by the county planner of installing all required improvements
               as specified on the preliminary plat for that portion of the subdivision to be shown
               on the final plat. The duration of the bond shall be until such time as the improvements
               are approved by the subdivision administrator.
               
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            <p class="incr3">
               2.
               
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               The subdivision administrator shall not give said approval until it has been satisfied
               that all required improvements have been installed or guaranteed as specified on the
               preliminary plat for that portion of the subdivision to be shown on the final plat.
               
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            <p class="incr2">
               b.
               
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               <span class="ital">Cash or equivalent security.</span>
               
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               1.
               
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               The subdivider shall deposit cash or other instruments readily convertible into cash
               at face value, either with the county or in escrow with a financial institution designated
               as an official depository of the county.
               
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               2.
               
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               The use of any instrument other than cash shall be subject to the approval of the
               subdivision administrator. The amount of the deposit shall be equal to 1.25 times
               the cost as estimated by the subdivider's licensed engineer or three quotes as approved
               by the county planner, of installing all required improvements as specified on the
               approved preliminary plat for that portion of the subdivision to be shown on the final
               plat.
               
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            <p class="incr3">
               3.
               
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               If cash or other instrument is deposited in escrow with a financial institution as
               provided above, then the subdivider shall file with the planning department an agreement
               between the financial institution and himself guaranteeing the following:
               
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               (i)
               
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               That said escrow account shall be held in trust until released by the subdivision
               administrator and may not be used or pledged by the subdivider in any other matter
               during the term of the escrow; and
               
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               (ii)
               
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               That, in the case of failure on the part of the subdivider to complete said improvements,
               the financial institution shall, upon notification by the planning board, immediately
               either pay to the county all funds in said account, or deliver to the county any other
               instruments fully endorsed or otherwise made payable in full to the county.
               
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            <p class="incr1">
               (2)
               
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               <span class="ital">Default.</span> Upon default, meaning failure on the part of the subdivider to complete, within the
               time period specified in the agreement in subsection (1) of this section, the required
               improvements as specified on the approved preliminary plat for that portion of the
               subdivision to be shown on the final plat, the planning board may require the subdivider,
               the surety, or the financial institution holding the escrow account to pay all or
               any portion of said funds as it deems necessary to complete all or any portion of
               the required improvements.
               
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            <p class="incr1">
               (3)
               
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               <span class="ital">Release of guarantee security.</span>
               
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            <p class="incr2">
               a.
               
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               The subdivision administrator may release any portion of any security posted as the
               improvements are completed and recommended for approval. Within 32 days after receiving
               the subdivider's request to release the security, in part or in whole, the subdivision
               administrator shall approve or not approve said improvements. At such time the subdivision
               administrator approves all improvements placed in the subdivisions, then all security
               posted shall be immediately released.
               
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            <p class="incr2">
               b.
               
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               The subdivider shall guarantee for one year minimum the improvements for the subdivision
               approved by the planning board. The subdivider shall maintain all land and required
               improvements, including streets and rights-of-way offered for dedication in required
               improvements in satisfactory condition until acceptance of dedication. The developer
               may accomplish this by:
               
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            <p class="incr3">
               1.
               
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               Allowing the surety bond or other security to remain in effect until the road is accepted
               by the state;
               
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               2.
               
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               Create a home owner's association for the road maintenance meeting approval of the
               planning board; or
               
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               3.
               
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               Present a plan that is acceptable to the subdivision administrator that meets the
               intent of this chapter to secure the road maintenance or other guaranteed improvement.
               
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            <p class="historynote0">
               (Ord. of 9-15-1998, app. B, Â§ 704; Ord. of 3-1-2006)
               
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